Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 341


Introduced by Assembly Members Dickinson and Gordon

February 13, 2013


An act to amendbegin delete Sectionend deletebegin insert Sections 18930,end insert 18930.5begin insert, 18931.6, and 18931.7end insert ofbegin insert, and to add Sections 18930.6 and 18940.5 to,end insert the Health and Safety Code, relating to green building standards.

LEGISLATIVE COUNSEL’S DIGEST

AB 341, as amended, Dickinson. Green building standards.

Existing law requires the California Building Standards Commission to codify all building standards of adopting agencies or state agencies that propose the building standards and statutes defining building standards into one California Building Standards Code. Existing law provides that 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.

This bill would require the commission tobegin insert encourage andend insert solicit recommendations for code updates relating to green building standards from state agencies with the authority and expertise to propose green building standards applicable to a particular occupancy. The bill would require these agencies to submit recommended code updates for the next 2 California Building Standards Code adoptions and to indicate whether the recommended code updates are intended to be voluntary or mandatory green building standards. The bill would require the commission to compile the recommendations by adoption cycle and by whether the recommendations are for voluntary or mandatory green building standards.begin insert The bill would also require the commission to perform an analysis of existing green building standards before adopting, approving, codifying, updating, and publishing green building standards.end insert

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The bill would require the commission to define the intent, criteria, and schedule for establishing green building standards and transitioning voluntary standards into mandatory, codified standards.

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Existing law authorizes a city, county, or a city and county to collect a fee from an applicant for a building permit assessed at the rate of $4 per $100,000 in valuation, as specified.

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This bill would change the rate at which this fee is assessed to an unspecified amount.

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Existing law provides that codification of building standards approved by the commission shall be incorporated into the code and shall not be incorporated into other individual titles of state agencies in the California Code of Regulations.

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This bill would require the commission, during the 2016 code adoption cycle, to codify the green building standards. The bill would also authorize the commission to publish a guide to the green building standards as an appendix to the code.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 18930 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
2amended to read:end insert

3

18930.  

(a)  Any building standard adopted or proposed by
4state agencies shall be submitted to, and approved or adopted by,
5the California Building Standards Commission prior to codification.
6Prior to submission to the commission, building standards shall
7be adopted in compliance with the procedures specified in Article
85 (commencing with Section 11346) of Chapter 3.5 of Part 1 of
9Division 3 of Title 2 of the Government Code. Building standards
10adopted by state agencies and submitted to the commission for
11approval shall be accompanied by an analysis written by the
12adopting agency or state agency that proposes the building
13standards which shall, to the satisfaction of the commission, justify
14the approval thereof in terms of the following criteria:

P3    1(1)  The proposed building standards do not conflict with,
2overlap, or duplicate other building standards.

3(2)  The proposed building standard is within the parameters
4established by enabling legislation and is not expressly within the
5exclusive jurisdiction of another agency.

6(3)  The public interestbegin insert in safer, healthier, and more resource
7efficient buildingsend insert
requires the adoption of the building standards.

8(4)  The proposed building standard is not unreasonable,
9arbitrary, unfair, or capricious, in whole or in part.

10(5)  The cost to the public is reasonable, based on the overall
11benefit to be derived from the building standards.

12(6)  The proposed building standard is not unnecessarily
13ambiguous or vague, in whole or in part.

14(7)  The applicable national specifications, published standards,
15and model codes have been incorporated therein as provided in
16this part, where appropriate.

17(A)  If a national specification, published standard, or model
18code does not adequately address the goals of the state agency, a
19statement defining the inadequacy shall accompany the proposed
20building standard when submitted to the commission.

21(B)  If there is no national specification, published standard, or
22model code that is relevant to the proposed building standard, the
23state agency shall prepare a statement informing the commission
24and submit that statement with the proposed building standard.

25(8)  The format of the proposed building standards is consistent
26with that adopted by the commission.

27(9)  The proposed building standard, if it promotes fire and panic
28safety, as determined by the State Fire Marshal, has the written
29approval of the State Fire Marshal.

30(b)  In reviewing building standards submitted for its approval,
31the commission shall consider only the record of the proceedings
32of the adopting agency, except as provided in subdivision (b) of
33Section 11359 of the Government Code.

34(c)  Where the commission is the adopting agency, it shall
35consider the record submitted to, and considered by, the state
36agency that proposes the building standards and the record of
37public comment that results from the commission’s adoption of
38 proposed regulations.

39(d)  (1)  The commission shall give great weight to the
40determinations and analysis of the adopting agency or state agency
P4    1that proposes the building standards on each of the criteria for
2approval set forth in subdivision (a). Any factual determinations
3of the adopting agency or state agency that proposes the building
4standards shall be considered conclusive by the commission unless
5the commission specifically finds, and sets forth its reasoning in
6writing, that the factual determination is arbitrary and capricious
7or substantially unsupported by the evidence considered by the
8adopting agency or state agency that proposes the building
9standards.

10(2)  Whenever the commission makes a finding, as described
11in this subdivision, it shall return the standard to the adopting
12agency or state agency that proposes the building standards for a
13 reexamination of its original determination of the disputed fact.

14(e)  Whenever a building standard is principally intended to
15protect the public health and safety, its adoption shall not be a
16“factual determination” for purposes of subdivision (d). Whenever
17a building standard is principally intended to conserve energy or
18other natural resources, the commission shall consider or review
19the cost to the public or benefit to be derived as a “factual
20determination” pursuant to subdivision (d). Whenever a building
21standard promotes fire and panic safety, each agency shall, unless
22adopted by the State Fire Marshal, submit the building standard
23to the State Fire Marshal for prior approval.

24(f)  Whenever the commission finds, pursuant to paragraph (2)
25of subdivision (a), that a building standard is adopted by an
26adopting agency pursuant to statutes requiring adoption of the
27building standard, the commission shall not consider or review
28whether the adoption is in the public interest pursuant to paragraph
29(3) of subdivision (a).

30

begin deleteSECTION 1.end delete
31begin insert SEC. 2.end insert  

Section 18930.5 of the Health and Safety Code is
32amended to read:

33

18930.5.  

(a) The commission shallbegin insert encourage andend insert solicit
34recommendations for code updates relating to green building
35standards from state agencies with the authority and expertise to
36propose green building standards applicable to a particular
37occupancy. These agencies shall submit recommended code
38updates for the next two California Building Standards Code
39adoptions. The agencies shall indicate whether the recommended
40code updates are intended to be voluntary or mandatory green
P5    1building standards. The commission shall compile the
2recommendations by adoption cycle and by whether the
3recommendations are for voluntary or mandatory green building
4standards.

5(b) If no state agency has the authority or expertise to propose
6green building standards applicable to a particular occupancy, the
7commission shallbegin insert, after performing an analysis of existing green
8building standards with state environmental, public health, and
9safety goals,end insert
adopt, approve, codify, update, and publish green
10building standards for those occupancies.

11begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 18930.6 is added to the end insertbegin insertHealth and Safety
12Code
end insert
begin insert, to read:end insert

begin insert
13

begin insert18930.6.end insert  

Prior to adoption, the commission shall define the
14intent, criteria, and schedule for establishing voluntary green
15building standards and for transitioning voluntary standards into
16mandatory, codified standards.

end insert
17begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 18931.6 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
18amended to read:end insert

19

18931.6.  

(a) Each city, county, or city and county shall collect
20a fee from any applicant for a building permit, assessed at the rate
21ofbegin delete four dollars ($4)end deletebegin insert ____ ($____)end insert per one hundred thousand dollars
22($100,000) in valuation, as determined by the local building
23official, with appropriate fractions thereof, but not less than one
24dollar ($1).

25(b) The city, county, or city and county may retain not more
26than 10 percent of the fees collected under this section for related
27administrative costs and for code enforcement education, including,
28but not limited to, certifications in the voluntary construction
29inspector certification program, and shall transmit the remainder
30to the commission for deposit in the Building Standards
31Administration Special Revolving Fund established under Section
3219831.7.

33(c) The commission may reduce the rate of the fee upon
34determining that a lesser amount is sufficient to maintain the
35programs established under this part.

36begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 18931.7 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
37amended to read:end insert

38

18931.7.  

(a) All funds received by the commission under this
39part shall be deposited in the Building Standards Administration
P6    1Special Revolving Fund, which is hereby established in the State
2Treasury.

3(b) Moneys deposited in the fund shall be available, upon
4appropriation, to the commission, the department, and the Office
5of the State Fire Marshal for expenditure in carrying out the
6provisions of this part, and the provisions of Part 1.5 (commencing
7with Section 17910) that relate to building standards, as defined
8in Section 18909, with emphasis placed on thebegin insert analysis performed
9pursuant to subdivision (b) of Section 18930.5,end insert
development,
10adoption, publication, updating,begin insert verification protocols,end insert and
11educational efforts associated with green building standards.

12begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 18940.5 is added to the end insertbegin insertHealth and Safety
13Code
end insert
begin insert, to read:end insert

begin insert
14

begin insert18940.5.end insert  

During the 2016 code adoption cycle, the commission
15shall codify all provisions of the green building standards. The
16commission may publish a guide to the green building standards
17as an appendix to the code.

end insert


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