New CAL Green Code Requirements

San Francisco led the way for advanced green building codes in 2007 when then Mayor Gavin Newsom signed into law the city’s first green building ordinance for private buildings. Based on input from an industry task force, the ordinance referenced rigorous third-party verified green building rating systems (LEED and GreenPoint Rated) for new large commercial buildings, multifamily and single family residences, and major renovations. The rating systems not only offered robust and tested protocols for improved practices over code, but also provide recognized labels which could be used to market the developments to tenants and buyers.

That same year the California Building Standards Commission adopted the first iteration of the California Green Building Standards Code which became mandatory throughout the State on January 1, 2011. The very first of its kind, California staked out new ground for addressing environmental protection through building codes and raised the floor for the entire state.

All local jurisdictions in California are required to enforce the new Green Building Standards Code, now also known as “CALGreen.” Local jurisdictions are also able to enact more stringent requirements than those contained in the State Code where more stringent requirements are reasonably necessary and supported by “findings.”. While some cities have adopted CALGreen outright, San Francisco responded by adopting the CALGreen (including all mandatory measures), but amended the code to maintain the existing references to the rating systems. In addition to filing our local amendments with the Building Standards Commission, the City filed an application and study with the California Energy Commission to require modeled energy performance above the state’s strict energy code (a prerequisite in the rating systems that further maximize environmental benefits of the original ordinance).

One concern voiced by some in the green building community is that the new code will allow developers to market a development as “green” by building to code instead of the more rigorous rating systems, potentially creating marketplace confusion about the definition of a “green” building. Documenting compliance with both “code” and the “rating systems” may also have unintended consequences on the use of the rating systems. Another question relates to the ability of local building departments to thoroughly enforce the new code, especially as city budgets continue to shrink and time for continuing education, a keystone for all green building endeavors, is ever more difficult to obtain.

During this critical first year of statewide implementation, the City is working with the state, other local governments, nonprofits, and practitioners to monitor the impacts and progress of applying CALGreen, and will work with others to identify best practices as well as key information gaps and recommend other areas for improvement. However complicated things are now, it’s also an exciting time for policy innovations to green the built environment!

Richard Chien
Green Building Coordinator - San Francisco Environment
City and County of San Francisco
www.sfenvironment.org