California 2021 2021-2022 Regular Session

California Senate Bill SB1297 Introduced / Bill

Filed 02/18/2022

                    CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1297Introduced by Senator CorteseFebruary 18, 2022 An act to add Section 39740.9 to the Health and Safety Code, relating to greenhouse gases. LEGISLATIVE COUNSEL'S DIGESTSB 1297, as introduced, 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 states 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 states natural and working lands and are seeking funding from state agencies or private entities.This bill would require the agency, in consultation with specified state agencies, to 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, as provided. The bill would require the 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 state board to develop an accounting protocol to quantify embodied carbon and carbon sequestration in building materials. 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 qualifies as an acceptable mitigation measure pursuant to the California Environmental Quality Act.This bill would require a public agency, when feasible and cost effective, to prefer the use of building materials with low-embodied carbon, as specified. 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.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YES Bill TextThe 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) Several strategies exist to significantly reduce the embodied carbon in building materials and sequester carbon in the built environment.(4) 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 states strategy for achieving carbon neutrality. (5) California uses enough aggregate, concrete, and other building materials that it could store all carbon emissions from major industrial sources in the built environment.(6) Utilizing mass timber for buildings can help support improved forest management and sequester carbon in the built environment.(7) 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.(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.SEC. 2. Section 39740.9 is added to the Health and Safety Code, to read:39740.9. (a) (1) The Natural Resources Agency 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 the housing industry 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 to achieve net-positive carbon sequestration in building materials.(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 and maximize carbon sequestration 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.(2) The Natural Resources Agency, 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 State Energy Resources Conservation and Development Commission.(D) The Department of Transportation.(E) The Office of Planning and Research.(F) Any other relevant state agency.(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) 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 feasible and cost effective, a public agency shall prefer the use of building materials with low-embodied carbon, including recycled building materials and building materials that provide net-positive carbon sequestration above and beyond the greenhouse gas emissions associated with producing and supplying that building material.(e) 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 qualifies as 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.

 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1297Introduced by Senator CorteseFebruary 18, 2022 An act to add Section 39740.9 to the Health and Safety Code, relating to greenhouse gases. LEGISLATIVE COUNSEL'S DIGESTSB 1297, as introduced, 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 states 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 states natural and working lands and are seeking funding from state agencies or private entities.This bill would require the agency, in consultation with specified state agencies, to 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, as provided. The bill would require the 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 state board to develop an accounting protocol to quantify embodied carbon and carbon sequestration in building materials. 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 qualifies as an acceptable mitigation measure pursuant to the California Environmental Quality Act.This bill would require a public agency, when feasible and cost effective, to prefer the use of building materials with low-embodied carbon, as specified. 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.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YES 





 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION

 Senate Bill 

No. 1297

Introduced by Senator CorteseFebruary 18, 2022

Introduced by Senator Cortese
February 18, 2022

 An act to add Section 39740.9 to the Health and Safety Code, relating to greenhouse gases. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 1297, as introduced, 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 states 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 states natural and working lands and are seeking funding from state agencies or private entities.This bill would require the agency, in consultation with specified state agencies, to 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, as provided. The bill would require the 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 state board to develop an accounting protocol to quantify embodied carbon and carbon sequestration in building materials. 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 qualifies as an acceptable mitigation measure pursuant to the California Environmental Quality Act.This bill would require a public agency, when feasible and cost effective, to prefer the use of building materials with low-embodied carbon, as specified. 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.

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 states 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 states natural and working lands and are seeking funding from state agencies or private entities.

This bill would require the agency, in consultation with specified state agencies, to 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, as provided. The bill would require the 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 state board to develop an accounting protocol to quantify embodied carbon and carbon sequestration in building materials. 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 qualifies as an acceptable mitigation measure pursuant to the California Environmental Quality Act.

This bill would require a public agency, when feasible and cost effective, to prefer the use of building materials with low-embodied carbon, as specified. 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.

## Digest Key

## Bill Text

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) Several strategies exist to significantly reduce the embodied carbon in building materials and sequester carbon in the built environment.(4) 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 states strategy for achieving carbon neutrality. (5) California uses enough aggregate, concrete, and other building materials that it could store all carbon emissions from major industrial sources in the built environment.(6) Utilizing mass timber for buildings can help support improved forest management and sequester carbon in the built environment.(7) 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.(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.SEC. 2. Section 39740.9 is added to the Health and Safety Code, to read:39740.9. (a) (1) The Natural Resources Agency 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 the housing industry 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 to achieve net-positive carbon sequestration in building materials.(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 and maximize carbon sequestration 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.(2) The Natural Resources Agency, 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 State Energy Resources Conservation and Development Commission.(D) The Department of Transportation.(E) The Office of Planning and Research.(F) Any other relevant state agency.(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) 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 feasible and cost effective, a public agency shall prefer the use of building materials with low-embodied carbon, including recycled building materials and building materials that provide net-positive carbon sequestration above and beyond the greenhouse gas emissions associated with producing and supplying that building material.(e) 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 qualifies as 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.

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

## 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) Several strategies exist to significantly reduce the embodied carbon in building materials and sequester carbon in the built environment.(4) 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 states strategy for achieving carbon neutrality. (5) California uses enough aggregate, concrete, and other building materials that it could store all carbon emissions from major industrial sources in the built environment.(6) Utilizing mass timber for buildings can help support improved forest management and sequester carbon in the built environment.(7) 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.(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.

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) Several strategies exist to significantly reduce the embodied carbon in building materials and sequester carbon in the built environment.(4) 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 states strategy for achieving carbon neutrality. (5) California uses enough aggregate, concrete, and other building materials that it could store all carbon emissions from major industrial sources in the built environment.(6) Utilizing mass timber for buildings can help support improved forest management and sequester carbon in the built environment.(7) 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.(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.

SECTION 1. (a) The Legislature finds and declares all of the following:

### SECTION 1.

(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) Several strategies exist to significantly reduce the embodied carbon in building materials and sequester carbon in the built environment.

(4) 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 states strategy for achieving carbon neutrality. 

(5) California uses enough aggregate, concrete, and other building materials that it could store all carbon emissions from major industrial sources in the built environment.

(6) Utilizing mass timber for buildings can help support improved forest management and sequester carbon in the built environment.

(7) 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.

(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.

SEC. 2. Section 39740.9 is added to the Health and Safety Code, to read:39740.9. (a) (1) The Natural Resources Agency 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 the housing industry 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 to achieve net-positive carbon sequestration in building materials.(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 and maximize carbon sequestration 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.(2) The Natural Resources Agency, 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 State Energy Resources Conservation and Development Commission.(D) The Department of Transportation.(E) The Office of Planning and Research.(F) Any other relevant state agency.(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) 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 feasible and cost effective, a public agency shall prefer the use of building materials with low-embodied carbon, including recycled building materials and building materials that provide net-positive carbon sequestration above and beyond the greenhouse gas emissions associated with producing and supplying that building material.(e) 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 qualifies as an acceptable mitigation measure pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).

SEC. 2. Section 39740.9 is added to the Health and Safety Code, to read:

### SEC. 2.

39740.9. (a) (1) The Natural Resources Agency 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 the housing industry 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 to achieve net-positive carbon sequestration in building materials.(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 and maximize carbon sequestration 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.(2) The Natural Resources Agency, 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 State Energy Resources Conservation and Development Commission.(D) The Department of Transportation.(E) The Office of Planning and Research.(F) Any other relevant state agency.(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) 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 feasible and cost effective, a public agency shall prefer the use of building materials with low-embodied carbon, including recycled building materials and building materials that provide net-positive carbon sequestration above and beyond the greenhouse gas emissions associated with producing and supplying that building material.(e) 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 qualifies as an acceptable mitigation measure pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).

39740.9. (a) (1) The Natural Resources Agency 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 the housing industry 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 to achieve net-positive carbon sequestration in building materials.(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 and maximize carbon sequestration 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.(2) The Natural Resources Agency, 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 State Energy Resources Conservation and Development Commission.(D) The Department of Transportation.(E) The Office of Planning and Research.(F) Any other relevant state agency.(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) 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 feasible and cost effective, a public agency shall prefer the use of building materials with low-embodied carbon, including recycled building materials and building materials that provide net-positive carbon sequestration above and beyond the greenhouse gas emissions associated with producing and supplying that building material.(e) 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 qualifies as an acceptable mitigation measure pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).

39740.9. (a) (1) The Natural Resources Agency 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 the housing industry 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 to achieve net-positive carbon sequestration in building materials.(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 and maximize carbon sequestration 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.(2) The Natural Resources Agency, 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 State Energy Resources Conservation and Development Commission.(D) The Department of Transportation.(E) The Office of Planning and Research.(F) Any other relevant state agency.(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) 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 feasible and cost effective, a public agency shall prefer the use of building materials with low-embodied carbon, including recycled building materials and building materials that provide net-positive carbon sequestration above and beyond the greenhouse gas emissions associated with producing and supplying that building material.(e) 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 qualifies as an acceptable mitigation measure pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).



39740.9. (a) (1) The Natural Resources Agency 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 the housing industry 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 to achieve net-positive carbon sequestration in building materials.

(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 and maximize carbon sequestration 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.

(2) The Natural Resources Agency, 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 State Energy Resources Conservation and Development Commission.

(D) The Department of Transportation.

(E) The Office of Planning and Research.

(F) Any other relevant state agency.

(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) 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 feasible and cost effective, a public agency shall prefer the use of building materials with low-embodied carbon, including recycled building materials and building materials that provide net-positive carbon sequestration above and beyond the greenhouse gas emissions associated with producing and supplying that building material.

(e) 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 qualifies as 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.

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.

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.

### SEC. 3.