Amended in Assembly May 8, 2013

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 Bill No. 341

Introduced by Assembly Members Dickinson and Gordon

February 13, 2013

An act to amend Sections 18930, 18930.5, and 18931.7 of, and to add begin delete Sections 18930.6 and end delete begin insert Section end insert 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.

begin delete

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.

end delete begin delete

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.

end delete begin insert

This bill would require the commission and state agencies that propose green building standards to allow for input by other state agencies that have expertise in green building subject areas. The bill would require the process by which these other state agencies shall submit suggested changes for consideration to be adopted as administrative regulations that include certain elements.

end 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.

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.

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.

begin delete

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.

end delete begin insert

This bill would also require, as part of the next triennial update of the California Building Standards Code, that state agencies that propose green building standards, as specified, to the extent that it is feasible, reference or reprint those green building standards in other relevant portions of the California Building Standards Code.

end insert

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.
begin insert The public interest includes, but is not limited to, health and safety,
resource efficiency, fire safety, seismic safety, building and building
system performance, and consistency with environmental, public
health, and accessability statutes and regulations. end insert

(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:

begin delete

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)

end delete

begin insert

begin insert 18930.5. end insert   

end insert

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

begin insert

(b) The commission and other state agencies that propose green
building standards shall allow for input by other state agencies
that have expertise in green building subject areas. The process
by which these other state agencies shall submit suggested changes
for consideration shall be adopted as administrative regulations
in Part 1 of Title 24 of the California Code of Regulations. These
administrative regulations shall include, but not be limited to, all
of the following:

end insert begin insert

(1) The timing for receipt of suggested changes.

end insert begin insert

(2) Whether the suggested changes should be considered for
adoption as mandatory or voluntary green building standards.

end insert begin insert

(3) The concurrent submission of appropriate technical analysis
that could be used by the agency to support the proposal under
the requirements of subdivision (a) of Section 18930, including
the rationale supporting the recommendation that the item be
considered for adoption as mandatory or voluntary green building
standards.

end insert begin insert

(4) The concurrent submission of fiscal analysis necessary for
submission to the Department of Finance and for use in complying
with the cost of compliance provisions of Sections 11346.2 and
11346.5 of the Government Code.

end insert begin insert

(5) The manner in which the suggestions will be made available
to the public.

end insert begin insert

(c) If a state agency that proposes green building standards
offers advice to the commission via an advisory panel appointed
pursuant to Section 18927, as part of its presentation it shall, to
the extent feasible, indicate those voluntary green building
measures that may be considered for possible adoption as
mandatory within the next two subsequent adoption cycles.

end insert

begin delete

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.

end delete

begin delete SEC. 4. end delete
begin insert SEC. 3. end insert   

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, including,
but not limited to, training and guidance for local building officials
in jurisdictions that have adopted Tier 1 or Tier 2 green building
standards, and educational efforts associated with green building
standards.

begin delete SEC. 5. end delete
begin insert SEC. 4. end insert   

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

begin delete

18940.5.  

During the 2016 code adoption cycle, the commission
shall 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. The commission
may publish or allow to be published a guide to the green building
standards as an appendix to the code.

end delete

begin insert

begin insert 18940.5. end insert   

end insert begin insert

As part of the next triennial update of the California
Building Standards Code (Title 24 of the California Code of
Regulations) adopted after January 1, 2014, agencies that propose
green building standards for inclusion in Part 11 of Title 24 of the
California Code of Regulations shall, to the extent that it is
feasible, reference or reprint the green building standards in other
relevant portions of Part 2, 2.5, 3, 4, 5, or 6 of Title 24 of the
California Code of Regulations. For purposes of compliance with
this section, the republication of the provisions of Part 11 of Title
24 of the California Code of Regulations in other parts of Title 24
of the California Code of Regulations shall not be considered
duplication in violation of paragraph (1) of subdivision (a) of
Section 18930.

end insert