BILL NUMBER: AB 3033	CHAPTERED  09/21/04

	CHAPTER  663
	FILED WITH SECRETARY OF STATE  SEPTEMBER 21, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 21, 2004
	PASSED THE ASSEMBLY  AUGUST 26, 2004
	PASSED THE SENATE  AUGUST 24, 2004
	AMENDED IN SENATE  AUGUST 19, 2004
	AMENDED IN SENATE  JUNE 14, 2004
	AMENDED IN ASSEMBLY  MARCH 30, 2004

INTRODUCED BY   Assembly Member Yee

                        FEBRUARY 25, 2004

   An act to amend Section 8875.4 of, and to add and repeal Section
8875.10 of, the Government Code, and to repeal Section 19169 of the
Health and Safety Code, relating to seismic safety.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 3033, Yee.  Seismic safety.
   Existing law establishes a program within all cities and all
counties and portions thereof located within seismic zone 4, as
defined, to identify all potentially hazardous buildings, as defined,
establish a mitigation program for these buildings, and file a
report on the programs with the Seismic Safety Commission.  The
mitigation program may include, among other things, the adoption by
ordinance of a hazardous buildings program, measures to strengthen
buildings, and the application of structural standards necessary to
provide for life safety above current code requirements.  The Seismic
Safety Commission is required to report annually to the Legislature
on the filing of mitigation programs and assess the effectiveness of
building reconstruction standards adopted pursuant to these
provisions.
   This bill would prohibit, until January 1, 2009, and
notwithstanding any other provision of law, a city or county from
imposing any additional building or site conditions on or before the
issuance of a building permit to conduct seismic-related improvements
to the building to meet the requirements of the mitigation program
at the time of the application if the building or site conditions are
unrelated to the improvements and the improvements comply with
applicable building codes and meet or exceed the requirements of
state and federal law and regulations that would otherwise apply.
The bill would require the annual report by the Seismic Safety
Commission to include an evaluation of the impact and effectiveness
of the provisions enacted in this bill.  The bill would also make a
technical, nonsubstantive change.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 8875.4 of the Government Code is amended to
read:
   8875.4.  The Seismic Safety Commission shall report annually to
the Legislature on the filing of mitigation programs from local
jurisdictions.  The annual report required by this section shall
review and assess the effectiveness of building reconstruction
standards adopted by cities and counties pursuant to this article and
shall, commencing on or before January 1, 2007, include an
evaluation of the impact and effectiveness of Section 8875.10.
  SEC. 2.  Section 8875.10 is added to the Government Code, to read:

   8875.10.  (a) Notwithstanding any other provision of law, a city
or county may not impose any additional building or site conditions
including, but not limited to, parking or other onsite or offsite
requirements, fees, or exactions, on or before the issuance of a
building permit that is necessary for the owner of a potentially
hazardous building to conduct seismic-related improvements to that
building in order for that building to meet the requirements of a
mitigation program established pursuant to Section 8875.1 and adopted
pursuant to Section 8875.2, if the building or site conditions do
not relate to, or further the purpose of, seismic improvements to the
building and the improvements comply with applicable building codes
and meet or exceeds the requirements of state and federal law and
regulations that would otherwise apply.
   (b) This section shall not apply to any changes in use, design, or
other building features that are unrelated to the seismic
improvements.  This section shall also not apply to a request for
other entitlements for the project, including, but not limited to, a
general plan amendment, zone change, or approval pursuant to the
Subdivision Map Act.
   (c) This section shall remain in effect only until January 1,
2009, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2009, deletes or extends
that date.
  SEC. 3.  Section 19169 of the Health and Safety Code is repealed.