BILL NUMBER: AB 341 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 8, 2013
AMENDED IN ASSEMBLY APRIL 23, 2013
AMENDED IN ASSEMBLY APRIL 4, 2013
AMENDED IN ASSEMBLY MARCH 19, 2013
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 Sections 18930.6 and Section
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.
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.
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.
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.
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.
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.
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.
(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)
18930.5. (a) 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.
(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:
(1) The timing for receipt of suggested changes.
(2) Whether the suggested changes should be considered for
adoption as mandatory or voluntary green building standards.
(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.
(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.
(5) The manner in which the suggestions will be made available to
the public.
(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.
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. SEC. 3. 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.
SEC. 5. SEC. 4. Section 18940.5 is
added to the Health and Safety Code, to read:
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.
18940.5. 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.