Controlled environment horticulture space: thermal curtains., the official text

An act to add Section 18944.22 to the Health and Safety Code, relating to building standards.

LEGISLATIVE COUNSEL'S DIGEST

Existing law, the California Building Standards Law, establishes the California Building Standards Commission within the Department of General Services. Existing law requires the commission to approve and adopt building standards and to codify those standards in the California Building Standards Code. Existing law requires the commission to publish, or cause to be published, editions of the code in its entirety once every 3 years. Existing law requires the responsibility for the enforcement and administration of building standards to remain in the state or local agency, as specified.
This bill, notwithstanding any other law, would require a controlled environment horticulture space, as defined, that uses single-paned glass windows and either thermal curtains, shade cloths, or equivalent technologies, to be considered compliant under the California Energy Code, provided that the Energy Commission makes a finding that the arrangement is as, or more, energy efficient than current regulations. The bill would require that provision to remain in effect until the next triennial update of the California Building Standards Code. The bill would also require the commission to, commencing with the next triennial edition of the California Building Standards Code and after development of a standard by the Energy Commission, adopt building standards to allow controlled environmental horticulture spaces or conditioned greenhouses to use alternative technologies, such as thermal curtains, thermal screens, shade cloths, or equivalent technologies, in lieu of the requirements for double-paned glass windows or 2 or more glazings separated by either air or gas glazing. By increasing the duties of local officials, this bill would impose a state-mandated local program.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
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 no reimbursement is required by this act for a specified reason.

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

SECTION 1.
The Legislature finds and declares all of the following:
(a) Controlled environment horticulture spaces, including commercial greenhouses, play an important role in boosting California’s agricultural economy, providing a reliable food supply year round, and producing more crops with less land.
(b) The California Building Standards Code (Title 24 of the California Code of Regulations), including the California Energy Code (Part 6 of Title 24 of the California Code of Regulations), establishes important requirements to reduce energy consumption and greenhouse gas emissions.
(c) Existing requirements mandating double-paned glass windows or insulated glazing do not account for the variety of greenhouse structures, where other designs may achieve similar efficiencies while preserving light transmission and cost-effectiveness, which are critical to successful operations.
(d) Thermal screens are widely recognized technologies that can significantly reduce heat loss, conserve energy, and lower operating costs for greenhouse facilities, while maintaining the level of light transmission necessary for plant health.

SEC. 2.
Section 18944.22 is added to the Health and Safety Code, to read:
18944.22.
(a) For purposes of this section, all of the following definitions shall apply:
(1) “Controlled environment horticulture space” means a building space dedicated to plant production by manipulating indoor environmental conditions, including through electric lighting, irrigation, mechanical heating, mechanical cooling, or dehumidification.
(2) “Thermal screen” means a retractable or fixed insulating barrier designed and manufactured to reduce heat loss and improve energy efficiency in greenhouse structures.
(b) (1) Notwithstanding any other law, a controlled environment horticulture space that uses single-paned glass windows and either thermal curtains, thermal screens, shade cloths, or equivalent technologies shall be considered compliant under the California Energy Code (Part 6 of Title 24 of the California Code of Regulations), provided that the Energy Commission makes a finding that the arrangement is as, or more, energy efficient than current regulations.
(2) Paragraph (1) shall remain in effect until the next triennial update of the California Building Standards Code.
(c) The commission shall, commencing with the next triennial edition of the California Building Standards Code (Title 24 of the California Code of Regulations), after the development of a standard by the Energy Commission, and adopt building standards to allow controlled environmental horticulture spaces or conditioned greenhouses to use alternative technologies, such as thermal curtains, thermal screens, shade cloths, or equivalent technologies, in lieu of the requirements for double-paned glass windows or two or more glazings separated by either air or gas glazing.

SEC. 3.
The Legislature finds and declares that supporting the greenhouse industry, food security, and economic productivity in California is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 of this act adding Section 18944.22 to the Health and Safety Code applies to all cities, including charter cities.

SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.