Amended in Senate June 10, 2013

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 BillNo. 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 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 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 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:

P2    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 state
4agencies shall be submitted to, and approved or adopted by, the
5California 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
P3    1adopting agency or state agency that proposes the building
2standards which shall, to the satisfaction of the commission, justify
3the approval thereof in terms of the following criteria:

4(1) The proposed building standards do not conflict with,
5overlap, or duplicate other building standards.

6(2) The proposed building standard is within the parameters
7established by enabling legislation and is not expressly within the
8exclusive jurisdiction of another agency.

9(3) The public interestbegin delete in safer, healthier, and more resource
10efficient buildingsend delete
requires the adoption of the building standards.
11The public interest includes, but is not limited to, health and safety,
12resource efficiency, fire safety, seismic safety, building and
13building system performance, and consistency with environmental,
14public health, and accessibility statutes and regulations.

15(4) The proposed building standard is not unreasonable,
16 arbitrary, unfair, or capricious, in whole or in part.

17(5) The cost to the public is reasonable, based on the overall
18benefit to be derived from the building standards.

19(6) The proposed building standard is not unnecessarily
20ambiguous or vague, in whole or in part.

21(7) The applicable national specifications, published standards,
22and model codes have been incorporated therein as provided in
23this part, where appropriate.

24(A) If a national specification, published standard, or model
25code does not adequately address the goals of the state agency, a
26statement defining the inadequacy shall accompany the proposed
27building standard when submitted to the commission.

28(B) If there is no national specification, published standard, or
29model code that is relevant to the proposed building standard, the
30state agency shall prepare a statement informing the commission
31and submit that statement with the proposed building standard.

32(8) The format of the proposed building standards is consistent
33with that adopted by the commission.

34(9) The proposed building standard, if it promotes fire and panic
35safety, as determined by the State Fire Marshal, has the written
36approval of the State Fire Marshal.

37(b) In reviewing building standards submitted for its approval,
38the commission shall consider only the record of the proceedings
39of the adopting agency, except as provided in subdivision (b) of
40Section 11359 of the Government Code.

P4    1(c) Where the commission is the adopting agency, it shall
2consider the record submitted to, and considered by, the state
3agency that proposes the building standards and the record of
4public comment that results from the commission’s adoption of
5proposed regulations.

6(d) (1) The commission shall give great weight to the
7determinations and analysis of the adopting agency or state agency
8that proposes the building standards on each of the criteria for
9approval set forth in subdivision (a). Any factual determinations
10of the adopting agency or state agency that proposes the building
11standards shall be considered conclusive by the commission unless
12the commission specifically finds, and sets forth its reasoning in
13writing, that the factual determination is arbitrary and capricious
14or substantially unsupported by the evidence considered by the
15adopting agency or state agency that proposes the building
16standards.

17(2) Whenever the commission makes a finding, as described in
18this subdivision, it shall return the standard to the adopting agency
19or state agency that proposes the building standards for a
20reexamination of its original determination of the disputed fact.

21(e) Whenever a building standard is principally intended to
22protect the public health and safety, its adoption shall not be a
23“factual determination” for purposes of subdivision (d). Whenever
24a building standard is principally intended to conserve energy or
25other natural resources, the commission shall consider or review
26the cost to the public or benefit to be derived as a “factual
27determination” pursuant to subdivision (d). Whenever a building
28standard promotes fire and panic safety, each agency shall, unless
29adopted by the State Fire Marshal, submit the building standard
30to the State Fire Marshal for prior approval.

31(f) Whenever the commission finds, pursuant to paragraph (2)
32of subdivision (a), that a building standard is adopted by an
33adopting agency pursuant to statutes requiring adoption of the
34building standard, the commission shall not consider or review
35whether the adoption is in the public interest pursuant to paragraph
36(3) of subdivision (a).

37

SEC. 2.  

Section 18930.5 of the Health and Safety Code is
38amended to read:

39

18930.5.  

(a) If no state agency has the authority or expertise
40to propose green building standards applicable to a particular
P5    1occupancy, the commission shall adopt, approve, codify, update,
2and publish green building standards for those occupancies.

3(b) The commission and other state agencies that propose green
4building standards shall allow for input by other state agencies
5that have expertise in green building subject areas. The process
6by which these other state agencies shall submit suggested changes
7for consideration shall be adopted as administrative regulations in
8Part 1 of Title 24 of the California Code of Regulations. These
9administrative regulations shall include, but not be limited to, all
10of the following:

11(1) The timing for receipt of suggested changes.

12(2) Whether the suggested changes should be considered for
13adoption as mandatory or voluntary green building standards.

14(3) The concurrent submission of appropriate technical analysis
15that could be used by the agency to support the proposal under the
16requirements of subdivision (a) of Section 18930, including the
17rationale supporting the recommendation that the item be
18considered for adoption as mandatory or voluntary green building
19standards.

20(4) The concurrent submission of fiscal analysis necessary for
21submission to the Department of Finance and for use in complying
22with the cost of compliance provisions of Sections 11346.2 and
2311346.5 of the Government Code.

24(5) The manner in which the suggestions will be made available
25to the public.

26(c) If a state agency that proposes green building standards
27offers advice to the commission via an advisory panel appointed
28pursuant to Section 18927, as part of its presentation it shall, to
29the extent feasible, indicate those voluntary green building
30measures that may be considered for possible adoption as
31mandatory within the next two subsequent adoption cycles.

32

SEC. 3.  

Section 18931.7 of the Health and Safety Code is
33amended to read:

34

18931.7.  

(a) All funds received by the commission under this
35part shall be deposited in the Building Standards Administration
36Special Revolving Fund, which is hereby established in the State
37Treasury.

38(b) Moneys deposited in the fund shall be available, upon
39appropriation, to the commission, the department, and the Office
40of the State Fire Marshal for expenditure in carrying out the
P6    1provisions of this part, and the provisions of Part 1.5 (commencing
2with Section 17910) that relate to building standards, as defined
3in Section 18909, with emphasis placed on thebegin delete analysis performed
4pursuant to subdivision (b) of Section 18930.5,end delete
development,
5adoption, publication, updating, verification protocols, including,
6but not limited to, training and guidance for local building officials
7in jurisdictions that have adopted Tier 1 or Tier 2 green building
8standards, and educational efforts associated with green building
9standards.

10

SEC. 4.  

Section 18940.5 is added to the Health and Safety
11Code
, to read:

12

18940.5.  

As part of the next triennial update of the California
13Building Standards Code (Title 24 of the California Code of
14Regulations) adopted after January 1, 2014, agencies that propose
15green building standards for inclusion in Part 11 of Title 24 of the
16California Code of Regulations shall, to the extent that it is feasible,
17reference or reprint the green building standards in other relevant
18portions of Part 2, 2.5, 3, 4, 5, or 6 of Title 24 of the California
19Code of Regulations. For purposes of compliance with this section,
20the republication of the provisions of Part 11 of Title 24 of the
21California Code of Regulations in other parts of Title 24 of the
22California Code of Regulations shall not be considered duplication
23in violation of paragraph (1) of subdivision (a) of Section 18930.



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