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 fundsbegin delete by the commission in performing an analysis of existing green building standards andend delete for carrying out begin insertthe updating of green building standards and the updating of end insertverificationbegin delete protocols relating to building standards, including, but not limited to, training and guidance for local building officials in jurisdictions that have adoptedend deletebegin insert
guidelineend insertbegin insert forend insert Tier 1 and Tier 2 green building standardsbegin insert and educational efforts, including, but not limited to, training for local building officialsend insertbegin insert associated with green building standardsend 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 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 18930 of the Health and Safety Code is
2amended to read:
(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
P3 15 (commencing with Section 11346) of Chapter 3.5 of Part 1 of
2Division 3 of Title 2 of the Government Code. Building standards
3adopted by state agencies and submitted to the commission for
4approval shall be accompanied by an analysis written by the
5adopting agency or state agency that proposes the building
6standards which shall, to the satisfaction of the commission, justify
7the approval thereof in terms of the following criteria:
8(1) The proposed building standards do not conflict with,
9overlap, or duplicate other building standards.
10(2) The proposed building standard is within the parameters
11established by enabling legislation and is not expressly within the
12exclusive jurisdiction of another agency.
13(3) The public interest requires the adoption of the building
14standards. The public interest includes, but is not limited to, health
15and safety, resource efficiency, fire safety, seismic safety, building
16and building system performance, and consistency with
17environmental, public health, and accessibility statutes and
18regulations.
19(4) The proposed building standard is not unreasonable,
20arbitrary, unfair, or capricious, in whole or in part.
21(5) The cost to the public is
reasonable, based on the overall
22benefit to be derived from the building standards.
23(6) The proposed building standard is not unnecessarily
24ambiguous or vague, in whole or in part.
25(7) The applicable national specifications, published standards,
26and model codes have been incorporated therein as provided in
27this part, where appropriate.
28(A) If a national specification, published standard, or model
29code does not adequately address the goals of the state agency, a
30statement defining the inadequacy shall accompany the proposed
31building standard when submitted to the commission.
32(B) If there is no national specification, published standard, or
33model code that is relevant to the proposed building standard, the
34state agency shall prepare a statement informing
the commission
35and submit that statement with the proposed building standard.
36(8) The format of the proposed building standards is consistent
37with that adopted by the commission.
38(9) The proposed building standard, if it promotes fire and panic
39safety, as determined by the State Fire Marshal, has the written
40approval of the State Fire Marshal.
P4 1(b) In reviewing building standards submitted for its approval,
2the commission shall consider only the record of the proceedings
3of the adopting agency, except as provided in subdivision (b) of
4Section 11359 of the Government Code.
5(c) Where the commission is the adopting agency, it shall
6consider the record submitted to, and considered by, the state
7agency that proposes the building standards and the record of
8
public comment that results from the commission’s adoption of
9proposed regulations.
10(d) (1) The commission shall give great weight to the
11determinations and analysis of the adopting agency or state agency
12that proposes the building standards on each of the criteria for
13approval set forth in subdivision (a). Any factual determinations
14of the adopting agency or state agency that proposes the building
15standards shall be considered conclusive by the commission unless
16the commission specifically finds, and sets forth its reasoning in
17writing, that the factual determination is arbitrary and capricious
18or substantially unsupported by the evidence considered by the
19adopting agency or state agency that proposes the building
20standards.
21(2) Whenever the commission makes a finding, as described in
22this subdivision, it shall return the standard to the adopting agency
23or
state agency that proposes the building standards for a
24reexamination of its original determination of the disputed fact.
25(e) Whenever a building standard is principally intended to
26protect the public health and safety, its adoption shall not be a
27“factual determination” for purposes of subdivision (d). Whenever
28a building standard is principally intended to conserve energy or
29other natural resources, the commission shall consider or review
30the cost to the public or benefit to be derived as a “factual
31determination” pursuant to subdivision (d). Whenever a building
32standard promotes fire and panic safety, each agency shall, unless
33adopted by the State Fire Marshal, submit the building standard
34to the State Fire Marshal for prior approval.
35(f) Whenever the commission finds, pursuant to paragraph (2)
36of subdivision (a), that a building standard is adopted by an
37adopting agency
pursuant to statutes requiring adoption of the
38building standard, the commission shall not consider or review
39whether the adoption is in the public interest pursuant to paragraph
40(3) of subdivision (a).
Section 18930.5 of the Health and Safety Code is
2amended to read:
(a) If no state agency has the authority or expertise
4to propose green building standards applicable to a particular
5occupancy, the commission shall adopt, approve, codify, update,
6and publish green building standards for those occupancies.
7(b) The commission and other state agencies that propose green
8building standards shall allow for input by other state agencies
9that have expertise in green building subject areas. The process
10by which these other state agencies shall submit suggested changes
11for consideration shall be adopted as administrative regulations in
12Part 1 of Title 24 of the California Code of Regulations. These
13administrative regulations shall include, but not be limited to, all
14of the following:
15(1) The timing for receipt of suggested changes.
16(2) Whether the suggested changes should be considered for
17adoption as mandatory or voluntary green building standards.
18(3) The concurrent submission of appropriate technical analysis
19that could be used by the agency to support the proposal under the
20requirements of subdivision (a) of Section 18930, including the
21rationale supporting the recommendation that the item be
22considered for adoption as mandatory or voluntary green building
23standards.
24(4) The concurrent submission of fiscal analysis necessary for
25submission to the Department of Finance and for use in complying
26with the cost of compliance provisions of Sections 11346.2 and
2711346.5 of the Government Code.
28(5) The manner in which the suggestions will be made available
29to the public.
30(c) If a state agency that proposes green building standards
31offers advice to the commission via an advisory panel appointed
32pursuant to Section 18927, as part of its presentation it shall, to
33the extent feasible, indicate those voluntary green building
34measures that may be considered for possible adoption as
35mandatory within the next two subsequent adoption cycles.
Section 18931.7 of the Health and Safety Code is
37amended to read:
(a) All funds received by the commission under this
39part shall be deposited in the Building Standards Administration
P6 1Special Revolving Fund, which is hereby established in the State
2Treasury.
3(b) Moneys deposited in the fund shall be available, upon
4appropriation, to the commission, the department, and the Office
5of the State Fire Marshal for expenditure in carrying out the
6provisions of this part, and the provisions of Part 1.5 (commencing
7with Section 17910) that relate to building standards, as defined
8in Section 18909, with emphasis placed on the development,
9adoption, publication, begin insertand end insertupdatingbegin delete,end deletebegin insert
of green building standards,
10the updating of end insert verificationbegin delete protocolsend deletebegin insert guidelinesend insertbegin delete, including, but begin insert forend insert Tier 1 or Tier 2 green building
11not limited to, training and guidance for local building officials in
12jurisdictions that have adoptedend delete
13standardsbegin delete,end delete
and educational effortsbegin delete associated with green building begin insert, including, but not limited to, training for local building
14standards.end delete
15officials associated with green building standards.end insert
Section 18940.5 is added to the Health and Safety
17Code, to read:
As part of the next triennial update of the California
19Building Standards Code (Title 24 of the California Code of
20Regulations) adopted after January 1, 2014, agencies that propose
21green building standards for inclusion in Part 11 of Title 24 of the
22California Code of Regulations shall, to the extent that it is feasible,
23reference or reprint the green building standards in other relevant
24portions of Part 2, 2.5, 3, 4, 5, or 6 of Title 24 of the California
25Code of Regulations. For purposes of compliance with this section,
26the republication of the provisions of Part 11 of Title 24 of the
27California Code of Regulations in other parts of Title 24 of the
28California Code of Regulations shall not be considered duplication
29in violation of paragraph (1) of subdivision (a) of Section 18930.
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