Amended in Assembly April 4, 2013

Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 341

Introduced by Assembly Members Dickinson and Gordon

February 13, 2013

An act to amend Sections 18930, 18930.5, 18931.6, and 18931.7 of, and to add Sections 18930.6 and 18940.5 to, 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 to encourage and 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. 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.

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.

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.

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

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.

This bill would require the commission, during the 2016 code adoption cycle, to begin delete codify the green building standards end delete begin insert integrate all provisions of the California Green Building Standards Code into the appropriate sections of the California Code of Regulations, as specified end insert . The bill would also authorize the commission to publish begin insert or allow to be published end insert a guide to the green building standards as an appendix to the code.

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

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

SECTION 1.  

Section 18930 of the Health and Safety Code is
amended to read:

18930.  

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

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

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

(3)  The public interest in safer, healthier, and more resource
efficient buildings requires the adoption of the building standards.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 2.  

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

18930.5.  

(a) The commission shall encourage and 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. These agencies shall submit recommended code
updates for the next two California Building Standards Code
adoptions. The agencies shall indicate whether the recommended
code updates are intended to be voluntary or mandatory green
building standards. The commission shall compile the
recommendations by adoption cycle and by whether the
recommendations are for voluntary or mandatory green building
standards.

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

SEC. 3.  

Section 18930.6 is added to the Health and Safety
Code, to read:

18930.6.  

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

SEC. 4.  

Section 18931.6 of the Health and Safety Code is
amended 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 ____ ($____) 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. 5.  

Section 18931.7 of the Health and Safety Code is
amended 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 analysis performed
pursuant to subdivision (b) of Section 18930.5, development,
adoption, publication, updating, verification protocols, and
educational efforts associated with green building standards.

SEC. 6.  

Section 18940.5 is added to the Health and Safety
Code, to read:

18940.5.  

During the 2016 code adoption cycle, the commission
shall begin delete codify all provisions of the green building standards end delete begin insert integrate
all provisions of the California Green Building Standards Code
(Part 11 of Title 24 of the California Code of Regulations) into
the appropriate sections of Part 1 to 10, inclusive, of Title 24 of
the California Code of Regulations end insert . The commission may publish
begin insert or allow to be published end insert a guide to the green building standards
as an appendix to the code.