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SB-1297 Low-embodied carbon building materials: carbon sequestration.(2021-2022)

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Date Published: 06/23/2022 09:00 PM
SB1297:v93#DOCUMENT

Amended  IN  Assembly  June 23, 2022
Amended  IN  Senate  May 10, 2022
Amended  IN  Senate  April 27, 2022
Amended  IN  Senate  April 18, 2022
Amended  IN  Senate  March 29, 2022
Amended  IN  Senate  March 14, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 1297

Introduced by Senator Cortese

February 18, 2022

An act to add Section 39743 to the Health and Safety Code, relating to greenhouse gases.


LEGISLATIVE COUNSEL'S DIGEST


SB 1297, as amended, Cortese. Low-embodied carbon building materials: carbon sequestration.
The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. Existing law requires the state board, by July 1, 2023, to develop a comprehensive strategy for the state’s cement sector to achieve net zero-emissions of greenhouse gases used within the state as soon as possible, but no later than December 31, 2045.
Existing law declares that technological carbon removal strategies, such as direct air capture, direct water capture, and carbon capture utilization and sequestration technologies, in addition to dramatic emissions reductions, will be crucial to successfully averting the worst impacts of climate change. Existing law requires the Natural Resources Agency, no later than July 1, 2023, to establish and maintain the California Carbon Sequestration and Climate Resiliency Project Registry for purposes of identifying and listing projects, such as natural and working lands-based carbon sequestration projects and direct air capture projects, in the state that drive climate action on the state’s natural and working lands and are seeking funding from state agencies or private entities.
Existing law requires the State Energy Resources Conservation and Development Commission (Energy Commission) to biennially adopt an integrated energy policy report that contains an overview of major energy trends and issues facing the state, including, but not limited to, supply, demand, pricing, reliability, efficiency, and impacts on public health and safety, the economy, resources, and the environment, and an assessment and forecast of system reliability and the need for resource additions, efficiency, and conservation, as specified.
This bill would require the Energy Commission, in consultation with specified state agencies and other entities, to develop a plan as part of the 2023 Integrated Energy Policy Report to advance low-carbon materials and methods in building and construction projects that details a strategy and recommendations to minimize embodied carbon and maximize carbon sequestration in building materials, as provided. The bill would require the state board to develop an accounting protocol to quantify embodied carbon and carbon sequestration in building materials. Following the adoption of that protocol, the bill would require the Natural Resources Agency to incorporate, as appropriate, projects using low-embodied carbon building materials or carbon sequestration in building materials into the California Carbon Sequestration and Climate Resiliency Project Registry. The bill would require the Office of Planning and Research to evaluate the circumstances in which the use of low-embodied carbon building materials or carbon sequestration in building materials is an acceptable mitigation measure pursuant to the California Environmental Quality Act.
This bill would require a public agency, when determined to be feasible and cost effective, effective by the public agency, to prefer the use of building materials with low-embodied carbon in its bid specifications for its public projects, as specified. The bill would also require a public agency, when determined to be feasible and cost effective, effective by the public agency, to prefer the use of building materials with low-embodied carbon that are produced in California in the bid specifications for its public projects. The bill would define “feasible” for these purposes. To the extent this bill imposes additional duties on local agencies, this bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 (a) The Legislature finds and declares all of the following:
(1) Embodied carbon, which represents greenhouse gas emissions associated with construction, including the production and transportation of building materials, accounts for at least 11 percent of global carbon emissions.
(2) At the 26th United Nations Climate Change Conference, California, as part of the Pacific Coast Collaborative, announced an effort to accelerate innovation, investment, and market development for low-carbon building materials along the west coast.
(3) Subsequently, the federal government announced efforts to support low-carbon building materials made in American factories, prefer the use of low-carbon building materials in public procurement, and reduce industrial sector emissions, including through the use of carbon capture, sequestration, and utilization.
(4) The 2021 Integrated Energy Policy Report, prepared pursuant to Section 25302 of the Public Resources Code, included a chapter on embodied carbon, but did not include a complete evaluation of opportunities to leverage the built environment to advance the state’s climate goals, including by sequestering carbon in building materials.
(5) Several strategies exist to significantly reduce the embodied carbon in building materials and sequester carbon in the built environment.
(6) Senate Bill 596 (Chapter 246 of the Statutes of 2021) established the intent of the Legislature that attaining net-zero or net-negative emissions of greenhouse gases from the cement and concrete sector become a pillar of the state’s strategy for achieving carbon neutrality.
(7) California uses enough aggregate, concrete, and other building materials that it could store all carbon emissions from major industrial sources in the built environment.
(8) Utilizing mass timber for buildings can help support improved forest management and sequester carbon in the built environment.
(9) Reducing embodied carbon in building materials and enhancing carbon sequestration in the built environment will support job creation, forest health, cross-sectoral climate strategies, and climate resiliency.
(10) Maximizing carbon sequestration in the built environment will support the state’s carbon neutrality goals, including achieving and maintaining net-negative greenhouse gas emissions, and will support climate restoration efforts to unwind the impacts of climate change.
(b) It is the intent of the Legislature that California take a leadership role in reducing embodied carbon, thereby maximizing carbon sequestration in the built environment and advancing climate restoration objectives.
(c) It is further the intent of the Legislature that California’s policies to reduce embodied carbon are adopted with consideration of how to create and maintain good jobs in the California economy.

SEC. 2.

 Section 39743 is added to the Health and Safety Code, to read:

39743.
 (a) (1) The State Energy Resources Conservation and Development Commission, as part of the 2023 Integrated Energy Policy Report prepared pursuant to Section 25302 of the Public Resources Code, shall develop a plan to advance low-carbon materials and methods in building and construction projects that details a strategy and recommendations to minimize embodied carbon and maximize carbon sequestration in building materials when possible, and that includes all of the following:
(A) An evaluation of embodied carbon in building materials currently used in buildings and in infrastructure in the state.
(B) An evaluation of the estimated potential for reducing embodied carbon and maximizing carbon sequestration in building materials, including the potential for utilizing net-negative emission materials that can sequester more greenhouse gas than is generated during their production, transportation, and use. use, and end-of-life management.
(C) Barriers to minimizing embodied carbon and maximizing carbon sequestration in building materials, and opportunities and recommendations to overcome these barriers.
(D) Consideration of the potential to reduce embodied carbon compared to baseline emission levels in each material and maximize carbon sequestration over the lifecycle of the material in a wide array of commonly used building materials, including, but not limited to, cement, concrete, aggregate, lumber, cross-laminated timber, steel, and other materials identified by the agency.
(E) Consideration of how policies to advance low-carbon materials and methods in buildings and construction projects can create and maintain jobs for California workers that will provide middle-class wages and benefits and union representation and recommendations to achieve these goals.
(2) The State Energy Resources Conservation and Development Commission, in developing the plan required pursuant to paragraph (1), shall consult with all of the following:
(A) The California Environmental Protection Agency.
(B) The state board.
(C) The Department of Transportation.
(D) The Office of Planning and Research.
(E) The Natural Resources Agency.
(F) The California Building Standards Commission.
(G) The Department of Housing and Community Development.
(H) The Office of the State Fire Marshal.
(I) The Division of the State Architect.
(J) Any other relevant state agency.
(K) Representatives of a labor organization representing affected workers, representatives of the building industry, and representatives of environmental justice organizations.
(b) The state board shall develop an accounting protocol to quantify embodied carbon and carbon sequestration in building materials, including those materials identified in, and by the agency pursuant to, subparagraph (D) of paragraph (1) of subdivision (a).
(c) Following the state board’s adoption of an accounting protocol to quantify embodied carbon and carbon sequestration in building materials, as required in subdivision (b), the Natural Resources Agency shall incorporate, as appropriate, projects using low-embodied carbon building materials or carbon sequestration in building materials into the California Carbon Sequestration and Climate Resiliency Project Registry established by the agency pursuant to Section 39740.3.
(d) When determined by a public agency to be feasible and cost effective, a the public agency shall prefer the use of building materials with low-embodied carbon, including recycled building materials with net-negative carbon intensity that sequester more greenhouse gas than is generated during their production, transportation, and use, use, and end-of-life management in the bid specifications for its public projects.
(e) When determined by a public agency to be feasible and cost effective, a the public agency shall prefer the use of building materials with low-embodied carbon that are produced in California in the bid specifications for its public projects.
(f) For purposes of this section, “feasible” means all of the following:
(1) The material is capable of being installed in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors.
(2) The material does not harm the health or safety of those who install the materials or occupy the building.
(3) The material provides the same function and at least the same durability, useful life, and performance as the baseline material.
(4) The material does not pose an increased risk of a construction or design defect or constitute a threat to the integrity of the building.
(5) The material is commercially available in the region of the project.
(6) The material would not significantly increase the project cost.
(g) The Office of Planning and Research shall evaluate the circumstances in which the use of low-embodied carbon building materials or carbon sequestration in building materials is an acceptable mitigation measure pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).

SEC. 3.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.