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Green Building Code Takes Effect January 1, 2011 For K-12 and Community College Construction

March 2010

The mandatory provisions of California’s 2010 Green Building Standards Code (“CALGreen Code”), the nation’s first mandatory state-wide standards for green construction, are set to take effect on January 1, 2011.  Adoption of the CALGreen Code implements AB 32, which seeks to reduce greenhouse gas emissions in California and Executive Order S-20-04 issued by Governor Schwarzenegger which seeks to reduce grid-based energy purchases for state-owned buildings.  The CALGreen Code is a comprehensive, uniform regulatory code for all residential, commercial and school buildings, ensuring that every new building in California is built using environmentally advanced construction practices.

The CALGreen Code will apply to all new construction of public elementary schools, secondary schools and community colleges.  Enforcement will be handled through the Division of State Architect.  Due to the fact that the CALGreen Code will only apply to new construction, modernization of existing structures is not subject to the CALGreen Code at this time.

The purpose of the CALGreen Code is to improve public health, safety and general welfare by enhancing the design and construction of new buildings, specifically addressing the areas of: (i) planning and design; (ii) energy efficiency; (iii) water efficiency and conservation; (iv) material conservation and resource efficiency; and (v) environmental quality. 

The CALGreen Code consists of both mandatory and voluntary standards.  Some of the mandatory standards applicable to K-12 and community college districts constructing new buildings include the following:

  • Water Efficiency:  Install plumbing fixtures that reduce indoor potable (drinkable) water use by 20%; install water-conserving fixtures that reduce wastewater by 20%; and install irrigation system controllers that reduce outdoor water use by sensing moisture and rainfall to adjust watering appropriately.
  • Material Conservation and Resource Efficiency:  Provide weather resistant materials for walls and foundation; recycle or salvage 50% of non-hazardous construction or demolition debris; and recycle 100% of all trees, stumps, rocks and associated vegetation and soils resulting primarily from land clearing.
  • Commissioning:  Develop project goals and post-construction performance expectations in the form of commissioning plans and reports to ensure the “green” operation of the building once built and put into operation.
  • Building Operation and Environmental Quality:  Provide areas readily accessible for recycling by occupants and have systems in place to regulate outdoor air delivery and acoustics.

In addition to the mandatory requirements summarized above, the CALGreen Code also includes voluntary measures that may be incorporated into a project by a K-12 or community college district, or that can be adopted by local jurisdictions into a city or county’s local building code. 

Implementation of the mandatory provisions of the CALGreen Code confirms California’s movement towards sustainable, green construction in publicly owned buildings.  Thus, it is important for K-12 and community college districts to become familiar with the CALGreen Code and to ensure all bid and contract documents comply with the new mandatory provisions scheduled for 2011.  General information on the adoption and implementation of the CALGreen Code may be found at http://www.bsc.ca.gov/CALGreen/default.htm.

Furthermore, an excellent opportunity for learning more about the implementation of the CALGreen Code is the Green California Summit and Exposition taking place in Sacramento.  As part of the Summit, there will be both a comprehensive full-day Pre-Summit Workshop on the CALGreen Code on March 15, 2010, and a presentation on March 16, 2010, that will provide a shorter overview of the new mandatory green building standards.  Also, there will be representatives from the California Building Standards Commission and the Division of State Architect, and other state agencies, available at the Summit to address your questions concerning the CALGreen Code.  For more information, please visit the Summit website at http://www.green-technology.org/gcsummit/.

If you have any questions regarding the effect of the CALGreen Code on any of your planned construction projects, please do not hesitate to contact any one of our attorneys at the five offices listed below. 

F3 NewsFlash prepared by Kathleen J. McKee and Gregory Rodriguez.
Kathy is a partner in the F3 San Marcos office.
Greg is an associate in the F3 San Marcos office.

This F3 NewsFlash is a summary only and not legal advice.  We recommend that you consult with legal counsel to determine how these new provisions may apply to your specific facts and circumstances.  Information on a free NewsFlash subscription may be found at www.fagenfriedman.com.

As part of the E-ducation™ Professional Development Series hosted by ACSA and F3, we offer webinars on various topics.  You can find the information on the ACSA website at www.acsa.org/e-ducation.

© 2010 Fagen Friedman & Fulfrost, LLP

All rights reserved, except that the Managing Partner of Fagen Friedman & Fulfrost, LLP hereby grants permission to any client of Fagen Friedman & Fulfrost, LLP to use, reproduce and distribute this NewsFlash intact and solely for the internal, noncommercial purposes of such client.