Amended in Assembly April 23, 2013

Amended in Assembly April 4, 2013

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 amend Sections 18930, 18930.5,begin delete 18931.6,end delete 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.

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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.

end delete
begin delete

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

end delete
begin insert

Existing law requires that funds deposited into the Building Standards Administration Special Revolving Fund be expended, upon appropriation, to carry out specified provisions of law that relate to building standards, with emphasis placed on the development, adoption, publication, updating, and educational efforts associated with green building standards.

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begin insert

This bill would expand these provisions to authorize the expenditure of those funds by the commission in performing an analysis of existing green building standards and for carrying out verification protocols relating to building standards, including, but not limited to, training and guidance for local building officials in jurisdictions that have adopted Tier 1 and Tier 2 green building standards.

end insert

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 integrate all provisions of the California Green Building Standards Code into the appropriate sections of the California Code of Regulations, as specified. The bill would also authorize the commission to publish or allow to be published 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:

P3    1

SECTION 1.  

Section 18930 of the Health and Safety Code is
2amended to read:

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:

15(1)  The proposed building standards do not conflict with,
16overlap, or duplicate other building standards.

17(2)  The proposed building standard is within the parameters
18established by enabling legislation and is not expressly within the
19exclusive jurisdiction of another agency.

20(3)  The public interest in safer, healthier, and more resource
21efficient buildings requires the adoption of the building standards.

22(4)  The proposed building standard is not unreasonable,
23arbitrary, unfair, or capricious, in whole or in part.

24(5)  The cost to the public is reasonable, based on the overall
25benefit to be derived from the building standards.

26(6)  The proposed building standard is not unnecessarily
27ambiguous or vague, in whole or in part.

28(7)  The applicable national specifications, published standards,
29and model codes have been incorporated therein as provided in
30this part, where appropriate.

31(A)  If a national specification, published standard, or model
32code does not adequately address the goals of the state agency, a
33statement defining the inadequacy shall accompany the proposed
34building standard when submitted to the commission.

35(B)  If there is no national specification, published standard, or
36model code that is relevant to the proposed building standard, the
37state agency shall prepare a statement informing the commission
38and submit that statement with the proposed building standard.

P4    1(8)  The format of the proposed building standards is consistent
2with that adopted by the commission.

3(9)  The proposed building standard, if it promotes fire and panic
4safety, as determined by the State Fire Marshal, has the written
5approval of the State Fire Marshal.

6(b)  In reviewing building standards submitted for its approval,
7the commission shall consider only the record of the proceedings
8of the adopting agency, except as provided in subdivision (b) of
9Section 11359 of the Government Code.

10(c)  Where the commission is the adopting agency, it shall
11consider the record submitted to, and considered by, the state
12agency that proposes the building standards and the record of
13public comment that results from the commission’s adoption of
14 proposed regulations.

15(d)  (1)  The commission shall give great weight to the
16determinations and analysis of the adopting agency or state agency
17that proposes the building standards on each of the criteria for
18approval set forth in subdivision (a). Any factual determinations
19of the adopting agency or state agency that proposes the building
20standards shall be considered conclusive by the commission unless
21the commission specifically finds, and sets forth its reasoning in
22writing, that the factual determination is arbitrary and capricious
23or substantially unsupported by the evidence considered by the
24adopting agency or state agency that proposes the building
25standards.

26(2)  Whenever the commission makes a finding, as described
27in this subdivision, it shall return the standard to the adopting
28agency or state agency that proposes the building standards for a
29 reexamination of its original determination of the disputed fact.

30(e)  Whenever a building standard is principally intended to
31protect the public health and safety, its adoption shall not be a
32“factual determination” for purposes of subdivision (d). Whenever
33a building standard is principally intended to conserve energy or
34other natural resources, the commission shall consider or review
35the cost to the public or benefit to be derived as a “factual
36determination” pursuant to subdivision (d). Whenever a building
37standard promotes fire and panic safety, each agency shall, unless
38adopted by the State Fire Marshal, submit the building standard
39to the State Fire Marshal for prior approval.

P5    1(f)  Whenever the commission finds, pursuant to paragraph (2)
2of subdivision (a), that a building standard is adopted by an
3adopting agency pursuant to statutes requiring adoption of the
4building standard, the commission shall not consider or review
5whether the adoption is in the public interest pursuant to paragraph
6(3) of subdivision (a).

7

SEC. 2.  

Section 18930.5 of the Health and Safety Code is
8amended to read:

9

18930.5.  

(a) The commission shall encourage and solicit
10recommendations for code updates relating to green building
11standards from state agencies with the authority and expertise to
12propose green building standards applicable to a particular
13occupancy. These agencies shall submit recommended code
14updates for the next two California Building Standards Code
15adoptions. The agencies shall indicate whether the recommended
16code updates are intended to be voluntary or mandatory green
17building standards. The commission shall compile the
18recommendations by adoption cycle and by whether the
19recommendations are for voluntary or mandatory green building
20standards.

21(b) If no state agency has the authority or expertise to propose
22green building standards applicable to a particular occupancy, the
23commission shall, after performing an analysis of existing green
24building standards with state environmental, public health, and
25safety goals, adopt, approve, codify, update, and publish green
26building standards for those occupancies.

27

SEC. 3.  

Section 18930.6 is added to the Health and Safety
28Code
, to read:

29

18930.6.  

Prior to adoption, the commission shall define the
30intent, criteria, and schedule for establishing voluntary green
31building standards and for transitioning voluntary standards into
32mandatory, codified standards.

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33

SEC. 4.  

Section 18931.6 of the Health and Safety Code is
34amended to read:

35

18931.6.  

(a) Each city, county, or city and county shall collect
36a fee from any applicant for a building permit, assessed at the rate
37of ____ ($____) per one hundred thousand dollars ($100,000) in
38valuation, as determined by the local building official, with
39appropriate fractions thereof, but not less than one dollar ($1).

P6    1(b) The city, county, or city and county may retain not more
2than 10 percent of the fees collected under this section for related
3administrative costs and for code enforcement education, including,
4but not limited to, certifications in the voluntary construction
5inspector certification program, and shall transmit the remainder
6to the commission for deposit in the Building Standards
7Administration Special Revolving Fund established under Section
819831.7.

9(c) The commission may reduce the rate of the fee upon
10determining that a lesser amount is sufficient to maintain the
11programs established under this part.

end delete
12

begin deleteSEC. 5.end delete
13begin insertSEC. 4.end insert  

Section 18931.7 of the Health and Safety Code is
14amended to read:

15

18931.7.  

(a) All funds received by the commission under this
16part shall be deposited in the Building Standards Administration
17Special Revolving Fund, which is hereby established in the State
18Treasury.

19(b) Moneys deposited in the fund shall be available, upon
20appropriation, to the commission, the department, and the Office
21of the State Fire Marshal for expenditure in carrying out the
22provisions of this part, and the provisions of Part 1.5 (commencing
23with Section 17910) that relate to building standards, as defined
24in Section 18909, with emphasis placed on the analysis performed
25pursuant to subdivision (b) of Section 18930.5, development,
26adoption, publication, updating, verification protocols,begin insert including,
27but not limited to, training and guidance for local building officials
28in jurisdictions that have adopted Tier 1 or Tier 2 green building
29standards,end insert
and educational efforts associated with green building
30standards.

31

begin deleteSEC. 6.end delete
32begin insertSEC. 5.end insert  

Section 18940.5 is added to the Health and Safety
33Code
, to read:

34

18940.5.  

During the 2016 code adoption cycle, the commission
35shall integrate all provisions of the California Green Building
36Standards Code (Part 11 of Title 24 of the California Code of
37Regulations) into the appropriate sections of Part 1 to 10, inclusive,
38of Title 24 of the California Code of Regulations. The commission
P7    1may publish or allow to be published a guide to the green building
2standards as an appendix to the code.



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