BILL NUMBER: SB 1473 CHAPTERED
BILL TEXT
CHAPTER 719
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2008
APPROVED BY GOVERNOR SEPTEMBER 30, 2008
PASSED THE SENATE AUGUST 30, 2008
PASSED THE ASSEMBLY AUGUST 13, 2008
AMENDED IN ASSEMBLY AUGUST 8, 2008
AMENDED IN SENATE APRIL 21, 2008
AMENDED IN SENATE APRIL 10, 2008
INTRODUCED BY Senator Calderon
FEBRUARY 21, 2008
An act to add Sections 18930.5, 18931.6, 18931.7, and 18938.3 to
the Health and Safety Code, relating to building standards.
LEGISLATIVE COUNSEL'S DIGEST
SB 1473, Calderon. Building standards.
(1) The California Building Standards Law provides for the
adoption of building standards by state agencies by requiring all
state agencies that adopt or propose adoption of any building
standard to submit the building standard to the California Building
Standards Commission for approval or adoption.
This bill would require the commission to adopt, approve, codify,
update, and publish green building standards for any occupancy for
which no state agency has the authority or expertise to propose those
standards.
The bill would require each city, county, or city and county to
collect a fee from any applicant for a building permit, assessed at
the rate of $4 per $100,000 in valuation, as determined by the local
building official, with appropriate fractions thereof, but not less
than $1. The bill would authorize the city, county, or city and
county to retain not more than 10% of the fees collected for related
administrative costs and for code enforcement education, including
certifications in the voluntary construction inspector certification
program. The bill would require the city, county, or city and county
to transmit the remainder to the commission for deposit in the
Building Standards Administration Special Revolving Fund which the
bill would establish in the State Treasury. The bill would establish
a state-mandated local program by imposing additional duties on local
government.
The bill would require that all funds received by the commission
under the California Building Standards Law be deposited in the fund
and be available, upon appropriation, to the commission for
expenditure in carrying out these provisions of existing law and
certain other provisions of existing law that relate to building
standards, with emphasis placed on the development, adoption,
publication, updating, and educational efforts associated with green
building standards.
The bill would authorize the commission and the Department of
Housing and Community Development to use, as the basis for the
California Building Standards Code, certain model codes adopted by
the commission as the basis for the 2007 triennial edition of the
California Building Standards Code.
(2) 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. (a) It is the intent of the Legislature that this act
shall not affect the ability of a city, county, or city and county to
adopt changes, modifications, amendments, additions, or deletions to
the California Building Standards Code, including, but not limited
to, green building standards.
(b) It is the intent of the Legislature that the Building
Standards Commission and the Department of Housing and Community
Development shall submit a joint expenditure plan for the use of
funds allocated under this act.
(c) It is the intent of the Legislature that any educational
programs funded under this act be coordinated to the maximum extent
possible with similar efforts so as to expand the reach and
effectiveness of each program.
SEC. 2. Section 18930.5 is added to the Health and Safety Code, to
read:
18930.5. If no state agency has the authority or expertise to
propose green building standards applicable to a particular
occupancy, the commission shall adopt, approve, codify, update, and
publish green building standards for those occupancies.
SEC. 3. Section 18931.6 is added to the Health and Safety Code, to
read:
18931.6. (a) Each city, county, or city and county shall collect
a fee from any applicant for a building permit, assessed at the rate
of four dollars ($4) per one hundred thousand dollars ($100,000) in
valuation, as determined by the local building official, with
appropriate fractions thereof, but not less than one dollar ($1).
(b) The city, county, or city and county may retain not more than
10 percent of the fees collected under this section for related
administrative costs and for code enforcement education, including,
but not limited to, certifications in the voluntary construction
inspector certification program, and shall transmit the remainder to
the commission for deposit in the Building Standards Administration
Special Revolving Fund established under Section 19831.7.
(c) The commission may reduce the rate of the fee upon determining
that a lesser amount is sufficient to maintain the programs
established under this part.
SEC. 4. Section 18931.7 is added to the Health and Safety Code, to
read:
18931.7. (a) All funds received by the commission under this part
shall be deposited in the Building Standards Administration Special
Revolving Fund, which is hereby established in the State Treasury.
(b) Moneys deposited in the fund shall be available, upon
appropriation, to the commission the department, and the Office of
the State Fire Marshal for expenditure in carrying out the provisions
of this part, and the provisions of Part 1.5 (commencing with
Section 17910) that relate to building standards, as defined in
Section 18909, with emphasis placed on the development, adoption,
publication, updating, and educational efforts associated with green
building standards.
SEC. 5. Section 18938.3 is added to the Health and Safety Code, to
read:
18938.3. With respect to the model codes that are designated in
Sections 17922 and 18938 to serve as the basis for the California
Building Standards Code but are no longer published, the building
standards adopted and approved by the commission shall be those
contained in the most recent editions of the model codes adopted or
approved by the commission to serve as the basis for the 2007
triennial edition of the California Building Standards Code. Those
model codes designated in Sections 17922 and 18938 that continue to
be published and updated shall continue to serve as the basis for the
California Building Standards Code. With respect to Section 17922,
other model codes may be considered for use, proposal, approval, or
adoption, or any combination thereof, provided they do not duplicate
building standards, as proposed by the Department of Housing and
Community Development and adopted by the commission, the subject
matter of the model codes which serve as the basis for the 2007
triennial edition of the California Building Standards Code.
SEC. 6. 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.