CALCode Quarterly - Summer 2023

For the 2022 Intervening Code Adoption Cycle, the California Building Standards Commission (CBSC) received and processed 30 rulemaking packages from five proposing state agencies and one package from an adopting agency (for more information about proposing and adopting state agencies, refer to our Public Guide to the Building Standards Adoption Process). These rulemakings will result in amendments—known as supplements (blue pages)—to almost every part of the California Building Standards Code, Title 24 of the California Code of Regulations (Title 24). There will be no supplements to the California Energy Code, the California Historical Building Safety Code or the California Referenced Standards Code (Parts 6, 8 and 12 of Title 24) this cycle.

The two summer commission meetings were held in late June and early August. During these public meetings, the commission heard, approved and adopted amendments to the current edition of Title 24 that will be published as supplements. Publication is set for Jan. 1, 2024, with an effective date of July 1, 2024. Watch CBSC’s website for a summary of code changes that will be published and posted around the same time as the code supplements are issued.

Public commission meetings serve three main purposes: first is for the state agencies to formally present their code amendments for review and consideration by the commission and the public; second is for public discourse about the proposals where questions, clarification, discussion, and comments supporting or opposing the measures are allowed; and third is for the commission to take action to approve, approve as amended, disapprove or return for further study the proposed amendments. Approved and approved as amended proposals are finalized, filed with the Secretary of State, and sent to the publishers for printing and distribution on Jan. 1, 2024.

After the commission meetings and filing with the Secretary of State, the code language is prepared for publication during a process called codification. If you would like an advance peek at upcoming changes, you can find the approved express terms on our Rulemaking webpage under the appropriate commission meeting link.

Exceptions to the above publication/effective dates are administrative regulations in the California Administrative Code, Part 1 of Title 24. Some of the amendments to Part 1 that were heard, approved and adopted on June 27, 2023, went into effect on July 27, 2023, just 30 days after approval. Stakeholders will be interested to know that one change to the administrative regulations is the implementation of a time limit on public comments at CBSC public meetings. These time limits are in line with those implemented by other state agencies, and will ensure that all interested parties are able to speak at public meetings and consideration of agenda items at the end of a busy day will not be rushed.

At the Aug. 1-2, 2023, public meeting, the California Building Standards Commission (CBSC) approved and adopted new mandatory and voluntary embodied carbon reduction regulations into the California Green Building Standards Code (CALGreen, Part 11 of Title 24 of the California Code of Regulations). These regulations will be published on Jan. 1, 2024, and effective July 1, 2024. Decarbonization is a major environmental goal of the state of California, as evidenced by numerous climate action laws and executive orders issued in recent years. To meet these goals, CBSC and the Division of the State Architect (DSA) convened the CALGreen Carbon Reduction Collaborative (CCRC), a comprehensive group of state agency representatives and industry stakeholders.

After conducting four public workshops in 2022, members of the CCRC drafted proposed statewide regulations for review by CBSC’s GREEN Code Advisory Committee and the public. CBSC and DSA took into consideration many comments received from critical state agencies such as the California Air Resources Board, and the public, including building code enforcement officials, design professionals, building owners, facility managers, and industry representatives. The team revised the draft regulations to apply to modernizations, additions, or newly constructed non-residential buildings 100,000 square feet and greater (project aggregate area) for the first two years, with a lower threshold of 50,000 square feet and greater going into effect in 2026. Additionally, to accommodate the many different non-residential building and occupancy types in the state, three different compliance pathways were developed so designers will be able to select the most appropriate method for their project: 1) building reuse, 2) whole building life cycle assessment, and 3) product global warming potential (GWP) compliance (a prescriptive path).

While designers of large buildings 100,000 square feet and greater are typically proficient using the whole building life cycle assessment and prescriptive compliance methods stipulated in the new green building standards, the months preceding the 2026 requirements for projects 50,000 square feet or greater (project aggregate area) will allow members of the design, building, and manufacturing community to become familiar with the compliance pathways that will apply to their projects.

For occupancies under the jurisdiction of DSA, including K-12 public schools and community college buildings, the carbon reduction regulations will apply to modernizations, additions, or newly constructed buildings of 50,000 square feet and greater (project aggregate area) beginning July 1, 2024.

At this time, these regulations will not apply to commercial buildings that are adapted (modernized and repurposed) to be used for residential purposes, as these types of projects are outside the scope of CBSC and DSA’s authority. CBSC promulgates CALGreen standards for state buildings, University of California and California State University buildings, and non-residential occupancies where no other agency has authority to adopt green building standards. DSA promulgates CALGreen standards for K-12 public schools and community college buildings.

Publishing these regulations in CALGreen aids those in the design and building trades by replacing the patchwork of standards in locally adopted ordinances with one statewide code.

The approved regulations are posted for the public to view on the commission meeting webpage. CBSC’s presentation and the ensuing discussion may be viewed on the CBSC YouTube channel (skip ahead to 1:17 in the Aug. 2, 2023, meeting recording).

Contact CBSC at cbsc@dgs.ca.gov or (916) 263-0916. Media inquiries should be addressed to DGS’ Office of Public Affairs at dgspublicaffairs@dgs.ca.gov.

During the 2022 legislative session, six bills were passed that require California Building Standards Commission (CBSC) to take various actions to implement the new laws’ mandates that affect the California Green Building Standards Code (CALGreen, Part 11 of Title 24). They are:

Chapter 251, Statutes of 2022 (AB 209) Requires CBSC to consider for adoption specified refrigerant reference standards.

Chapter 687, Statutes of 2022 (AB 1738) Requires CBSC to research, develop, and propose building standards for EV charging stations in existing nonresidential developments when they undergo certain additions or alterations to existing parking facilities.

Chapter 346, Statutes of 2022 (AB 2075) Requires CBSC to collaborate with the California Energy Commission and the California Air Resources Board (CARB) in the development of EV charging infrastructure standards with an emphasis on the costs of compliance and the economic and fiscal impacts of the standards proposed.

Chapter 777, Statutes of 2022 (AB 2232) Requires CBSC to research, develop, and propose for adoption mandatory standards for carbon dioxide monitors and minimum ventilation rates for covered school classrooms.

Chapter 352, Statutes of 2022 (AB 2446) Requires CBSC to consult with CARB and other stakeholders to develop a framework for embodied carbon in construction materials by July 1, 2025.

Chapter 809, Statutes of 2022 (AB 2863) Requires CBSC to research, develop, and propose for adoption revised mandatory building standards for bicycle parking at nonresidential occupancies independent of the number of vehicle parking spaces.

In response to these mandates, CBSC requested a budget increase and was granted two new limited-term positions—one Supervising Architect and one Associate Architect.

The supervising architect position will supervise and manage the CALGreen team, including coordination with other proposing and adopting agencies, as well as interested parties from utilities, equipment manufacturers, local building officials, commercial building and apartment owners, the building industry, and the public. The supervising architect will also assist the executive director and deputy executive director with CALGreen policy decisions. Their primary focus will be on the implementation of AB 2075, AB 2446, AB 2232, and AB 209.

The associate architect position will provide essential front-line leadership to the CALGreen team, as well as contribute to the development of green building standards related to EV charging (AB 1738) and bicycle parking (AB 2863).

CBSC believes continued progress and new developments relative to green building standards will require review of and updates to CALGreen during each code adoption cycle (triennial and intervening) in perpetuity. The level of experience, skill, and strategic leadership of these two new positions will allow the work required by the 2022 bills to be accomplished and prepare the CALGreen team to handle future mandates as they are enacted by the legislature of California.

Watch for these two positions to be posted on the CalCareers website soon. If you have a CalCareers account and are interested in applying for one of these openings, set your notifications to send an email when the application period begins.

In May, Mia Marvelli resigned as executive director of the California Building Standards Commission (CBSC) after seven years in that role. In her new position, she supervises the Health Facilities Building Standards Unit at the California Department of Health Care Access and Information. During her time with CBSC, Mia implemented many policies and practices to improve and streamline the rulemaking process for the California Building Standards Code, Title 24 of the California Code of Regulations (Title 24) and oversaw increased outreach and education regarding Title 24 in general and the California Green Building Standards Code (CALGreen, Part 11 of Title 24) in particular. She captained the CBSC crew through challenging pandemic times and made thoughtful decisions affecting how CBSC interacts with other state agencies and the public.

At the virtual June 27 commission meeting (around the one-hour mark), Mia was presented with a certificate of appreciation for her years of dedication and service to CBSC and the state of California.

Mia Marvelli, Undersecretary Miriam Ingenito, Acting Executive Director Kevin Day,
Special Consultant Jim McGowan, DGS  Deputy Director Brent Jamison (L to R)

When it was time for the commissioners to speak, everyone was complimentary and Commissioners Sasaki, Mikiten and Patel all spoke of her “tremendous” contributions. Commissioner Kent Sasaki stated that she “exceeded expectations [and] really advanced the commission.” Commissioner Erik Mikiten noted how she provided “solid footing [and oriented] us in everything that makes the code process work.” Commissioner Raj Patel remembered how she came to the interview with goals for CBSC and observed how she met and exceeded them during her tenure.

Many commissioners, including Elley Klausbruckner, Peter Santillan, Aaron Stockwell and Juvilyn Alegre, mentioned how she was a great resource who was concise and kind in providing clear answers and helping them learn and understand the rulemaking process and their roles. The newer commissioners James Haskin and Laura Rambin appreciated Mia’s efforts to help agencies work together to administer the extensive public process while dealing with the intricacies of technology required to hold virtual meetings for over three years.

Three members of the public also took the time to share their appreciation: Richard Skaff, the executive director of Designing Accessible Communities; Bob Raymer of the Building Industry Association and California Apartment Association; and Michael Malinowski, president of Applied Architecture and representative for the American Institute of Architects, California.

Mr. Skaff thanked Mia for listening to the disability rights community and for her help with advancing accessibility requirements in Title 24. Mr. Raymer spoke of how Mia was always extremely professional while forging consensus on tough issues, and bringing participants together so commission meetings ran smoothly. Finally, Mr. Malinowski shared that the AIA and its members are very proud of what she’s accomplished, citing her “professionalism, dedication and brilliant execution…for the citizens of California.”

After everyone had a chance to speak, Mia joked that a roast might have been easier to listen to, stating she was “…very flattered by the kind words. It has been an honor and privilege to serve California and the commission.” She then thanked her mentors Jim McGowan, Bob Keefe, John Engstrom, and many people at the Department of General Services, asserting that she could not have done it all without a supportive team.

In closing, Chair Ingenito thanked Mia for her years of service to the commission and the great state of California and wished her well in her next endeavor.

Katrina Benny, Staff Services Manager I at the California Building Standards Commission (CBSC) since 2009, was recognized at the virtual June 27, 2023, commission meeting (at approximately one hour and 14 minutes) with a certificate of appreciation and kind words from commissioners, the public and CBSC staff.

Katrina Benny, Undersecretary Miriam Ingenito, Acting Executive
Director Kevin Day, Special Consultant Jim McGowan (L to R)

Acting Executive Director Kevin Day kicked off the recognition by saying, “[Katrina] was the Oz behind the curtain here at CBSC,” and thanked her for hiring him back in 2010. Commissioners Raj Patel and Kent Sasaki followed with accolades, stating she was a joy to work with and dubbing her an unsung hero! Commissioner Sasaki commended her by recognizing that “we [the commissioners] experience that things run smoothly” because of what she does behind the scenes.

Former Executive Director Mia Marvelli remembered that she and Katrina had quite the adventure together and thanked her by sharing that “…you made the office feel like family…and that flows into the work that we got accomplished.” Associate Governmental Program Analyst Barbara Trusley also thanked Katrina, calling her a wonderful supervisor, and sharing that her personality and sense of fun during their interview made Barbara think, “I like this place!”

Finally, disability rights advocate Connie Arnold thanked Katrina (and Mia) for their hard work to make commission activities more accessible to the disability community.

Katrina then thanked everyone for their kind words and thoughts, stating that CBSC was her “extended home and family for 14 years—more than half of my overall state career.” In retirement, Katrina plans to spend a lot of time with her new granddaughter and will enjoy her stamping and card-making crafts at home with her husband and furry family.