Date of Hearing: July 10, 2019

ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION

Adam Gray, Chair

ABPCA Bill Id:ACR 102 (

Author:Bigelow) – As Introduced Ver:June 6, 2019

SUBJECT: Mass timber products

SUMMARY: Urges the Office of the State Fire Marshal (SFM) to adopt rules for the use of mass timber products for residential and commercial building construction. Specifically, this bill:

1) Urges the SFM to adopt rules and for the use of mass timber products for residential and commercial building construction.

2) Provides such rules adopted by the SFM consider applicable national and international standards, including the 14 tall mass timber code change proposals that were adopted by the International Code Council for the 2021 International Building Code (IBC).

EXISTING LAW:

1) Establishes the SFM within California Department of Forestry and Fire Protection (Cal FIRE) to protect life and property through the development and application of fire prevention engineering, education and enforcement.

2) Provides responsibility to the SFM for a variety of fire safety programs: regulating buildings in which people live, congregate, or are confined; controlling substances and products which may, in and of themselves, or by their misuse, cause injuries, death and destruction by fire; providing statewide direction for fire prevention within wildland areas; regulating hazardous liquid pipelines; developing and reviewing regulations and building standards; and providing training and education in fire protection methods.

3) Establishes the California Building Standards Commission (CBSC) within the Department of General Services (DGC) under the Government Operations Agency to administer the processes related to the adoption, approval, publication and implementation of California's building codes. These building codes serve as the basis for the design and construction of buildings in California.

4) Requires the publication of the California Building Standards Code in its entirety once in every three years. In the intervening period the CBSC shall publish, or cause to be published, supplements as necessary.

5) Provides the 2019 California Building Standards Code be published on or before July 1, 2019 and be effective on January 1, 2020.

FISCAL EFFECT: Unknown.

COMMENTS:

Purpose of the bill: According to the author, “ACR 102 asks the SFM to adopt rules for the use of mass timber products for residential and commercial building construction. By doing so, California would be able to expand its market for in-state wood products. It would create new jobs and cheaper in-state materials for housing and buildings. It would also provide less fuel for wildfires and reduce carbon emission.”

The author’s staff also notes California’s severe tree mortality crisis due to the drought and the western bark beetle, which causes more than 250,000 trees to die annually in California. Dead tree buildup and forest fuels increase the threat of catastrophic wildfires.

Wildfires: California continues to suffer from unprecedented wildfires. According to the National Interagency Coordination Center’s annual Wildland Fire Summary report, over 1.8 million acres burned in California last year. Fifteen of the 20 most destructive wildfires in the State’s history have occurred in the last three years. Last year was California's deadliest year for fires, with more than 100 fatalities. The Camp Fire in the fall, which burned through the town of Paradise, killed 85 people and burned 153,000 acres. This deadly blaze is California’s most destructive and deadliest wildfire. The Administration has noted that climate change has extended the length of fire season in California and extreme fire conditions were exacerbated by a die-off of 18 million trees.

Wood Products Working Group: SB 859 (Committee on Budget and Fiscal Review) of the 2015-16 Legislative Session directed the Natural Resources Agency to establish a working group on expanding wood product markets to utilize woody biomass, especially biomass removed from high hazard zones identified through the state’s Tree Mortality Task Force. It also directed the agency to submit recommendations to the Legislature on actions to encourage the development of wood product markets, including identification of potential pilot projects.

The SB 859 Working Group, also known as the Wood Products Working Group, includes representatives of the Natural Resources Agency, California Department of Forestry and Fire Protection, California Governor’s Office of Business and Economic Development, California Department of Resources Recycling and Recovery, Sierra Nevada Conservancy, California Department of Finance, the U.S. Forest Service, and others.

The working group issued a report in October 2017, outlining actions, policies, and pilot programs to increase demand for California forest products and to expand knowledge and skills needed to develop and manufacture them. The report’s findings focus on three main goals: (1) utilizing material removed from High Hazard Zones; (2) promoting forest health and carbon sequestration; and (3) promoting rural economic development.

Governor’s Executive Order B-52-18: On May 10, 2018, former Governor Edmund G. Brown Jr. issued Executive Order B-52-18 to combat dangerous tree mortality, increase the ability of California’s forests to capture carbon and improve forest management. Among other things, the Executive Order cited the need to “incentivize innovation in the California forest product and building industries in order to improve the ecological and economic sustainability of California forests.”

The Executive Order also directed the SFM, the Department of Housing and Community Development, the Division of the State Architect, the California Building Standards Commission, and the Office of Statewide Health Planning and Development to review the approved Tall Wood Building Proposal of the International Code Council’s Ad Hoc Committee on Tall Wood Buildings and to consider proposing its adoption into the California Building Code in the subsequent intervening code cycle.

California Forest Management Task Force (Task Force): The Task Force was organized to protect the environmental quality, public health, and economic benefits that healthy forests provide to California. The Task Force aims to increase the rate of forest treatments and expand state wood product markets through innovation, assistance, and investment. One of the primary goals of the Task Force is to implement the Governor’s Executive Order B-52-18 and the recommendations of the California Forest Carbon Plan.

The Wood Utilization Working Group: The Wood Utilization is a working group of the Forest Management Task Force. One of the goals of this working group is to review the approved Tall Wood Building Proposal of the International Code Council's Ad Hoc Committee on Tall Wood Buildings work with the Building Standards Commission to and consider proposing its adoption into the California Building Standards Code in the subsequent intervening code cycle.

International Code Council (ICC): The ICC is dedicated to developing model codes and standards used in the design, build and compliance process to construct safe, sustainable, affordable and resilient structures. Most U.S. communities and many global markets choose the International Codes.

The ICC’s Ad Hoc Committee on Tall Wood Buildings (TWB): In December of 2015, the ICC established TWB to study building science for tall wood buildings and ultimately proposed amendments to the 2021 edition of the International Building Code (IBC). In December of 2018, the ICC released voting results on code change proposals in 2018, which included the passage of package of 14 tall mass timber code change proposals. The proposals create three new types of construction, which set fire safety requirements, and allowable heights, areas and number of stories for tall mass timber buildings. These new provisions will be included in the 2021 International Building Code (IBC).

The three new types of construction that will be included in the 2021 IBC are:

Type IV-A – Maximum 18 stories, with gypsum wallboard on all mass timber elements.
Type IV-B – Maximum 12 stories, limited-area of exposed mass timber walls and ceilings allowed.
Type IV-C – Maximum 9 stories, all exposed mass timber designed for a 2-hour fire resistance.

The ICC’s code development cycle will continue throughout 2019. Additional structural requirements for tall mass timber buildings will be considered, with final approval of 2019 proposals expected to occur in late October. The 2021 IBC is expected to be released in late 2020.

Arguments in support: The California Forestry Association writes in support, “mass timber products can increase the demand for our state’s forest products. Many of our forested rural economies have been on decline, with the number of sawmills declining from approximately 140 mills in the 1980s to 27 today. Increasing demand and production of forest products will help revive these rural communities. Mass timber also has the potential to help reduce the catastrophic wildfires being experiences across the country.”

Katerra Inc. adds, “mass timber presents a significant opportunity for the construction industry in California. In addition to its strength, stability, natural fire-resistant qualities and endless design capabilities, building with mass timber has numerous other advantages including a lower carbon footprint than steel or concrete and construction efficiency.”

Arguments in opposition: The California Construction and Industrial Materials Association writes in opposition, “we are concerned about the Legislature expressing an opinion on an international code on tall wood buildings that was only recently adopted, for which there is very little actual building experience, and for which wood buildings could be up to 18 stories.”

Prior legislation: AB 2842 (Bigelow) of the 2017-2018 Session. Would have required Cal FIRE to develop the California Wood Innovations Small Grants Program to provide grants and low-interest loans or loan guarantees, upon appropriation by the Legislature, to entities that expand the use of wood products and increase in-state wood product processing and manufacturing, as provided. Would have appropriated $20 million from the Greenhouse Gas Reduction Fund to add in-state mobile or stationary sawmill capacity. (Held in Appropriations Committee)

AB 2518 (Aguiar-Curry) Chapter 637, Statutes of 2018. Requires Cal FIRE to explore markets for innovative forest products and mass timber consistent with the state’s climate objectives.

SB 859 (Committee on Budget and Fiscal Review) Chapter 368, Statutes of 2016. Directed the Natural Resources Agency to establish a working group on expanding wood product markets to utilize woody biomass, especially biomass removed from high hazard zones identified through the state’s Tree Mortality Task Force.

REGISTERED SUPPORT / OPPOSITION:

Support

California Forestry Association

Katerra Inc.

Opposition

California Construction and Industrial Materials Association

California Nevada Cement Association

Analysis Prepared by: Mike Dayton / G.O. / (916) 319-2531

ACR 102: Mass timber products.

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