Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2793


Introduced by Assembly Member Jones

February 19, 2016


An act to amend Sectionbegin delete 53091end deletebegin insert 51033end insert of the Government Code, relating to local government.

LEGISLATIVE COUNSEL’S DIGEST

AB 2793, as amended, Jones. Local government:begin delete building and zoning.end deletebegin insert business license: massage: bowenwork.end insert

begin insert

Existing law, the Massage Therapy Act, provides for the voluntary certification of the practice of massage therapy by the California Massage Therapy Council. Existing law authorizes a city, county, or city and county to license, regulate, prohibit, or permit an individual who provides massage for compensation without a certificate.

end insert
begin insert

Existing law authorizes the legislative body of a city or county for incorporated areas to enact an ordinance providing for the licensing for regulation of the business of massage when carried on within the city or county. Existing law authorizes an ordinance to condition the issuance of a license to engage in the business of massage upon proof that a massage business meets specified reasonable standards set by the ordinance.

end insert
begin insert

This bill would provide that those ordinance provisions do not apply to a person practicing bowenwork who has been certified by a professional organization, as provided. By requiring a local legislative body to determine whether a person practicing bowenwork satisfies the requirements for exemption, the bill would impose a state-mandated local program.

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begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert
begin insert

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

end insert
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Existing law requires each local agency to comply with all applicable building and zoning ordinances of the county or city in which the territory of the local agency is situated. Existing law provides that each local agency and each school district whose school buildings are subject to inspection by a county or city are subject to the payment of any applicable fees, but requires that those fees not exceed the amount charged to nongovernmental agencies for the same services or permits.

end delete
begin delete

This bill would make a nonsubstantive change to these provisions.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 51033 of the end insertbegin insertGovernment Codeend insertbegin insert is
2amended to read:end insert

3

51033.  

(a) This chapter does not apply to cosmetologists,
4barbers, or to persons licensed to practice any healing art pursuant
5to Division 2 (commencing with Section 500) of the Business and
6Professions Code or the Chiropractic Act when engaging in this
7practice within the scope of his or her license.

8(b) Notwithstanding any other provision of law, this chapter
9shall apply to an independent contractor of any person described
10in subdivision (a) if the independent contractor is engaged in, or
11is purported to be engaged in, the business of massage.

begin insert

12(c) This chapter does not apply to a person practicing
13bowenwork who has been certified by a professional organization.
14A person practicing bowenwork does not practice massage therapy
15and limits bowenwork practice to one or more of the following
16practices:

end insert
begin insert

17(1) Using touch, words, and directed movement to deepen
18awareness of existing patterns of movement and suggest new
19possibilities of movement.

end insert
begin insert

P3    1(2) Using minimal touch over specific points on the body to
2facilitate balance in the nervous system.

end insert
begin insert

3(3) Using touch to affect the energy systems, channels, or energy
4of the body.

end insert
5begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

If the Commission on State Mandates determines that
6this act contains costs mandated by the state, reimbursement to
7local agencies and school districts for those costs shall be made
8pursuant to Part 7 (commencing with Section 17500) of Division
94 of Title 2 of the Government Code.

end insert
begin delete
10

SECTION 1.  

Section 53091 of the Government Code is
11amended to read:

12

53091.  

(a) Each local agency shall comply with all applicable
13building ordinances and zoning ordinances of the county or city
14in which the territory of the local agency is situated.

15(b) On projects for which state school building aid is requested
16by a local agency for construction of school facilities, the county
17or city planning commission in which the local agency is located
18shall consider in its review for approval information relating to
19attendance area enrollment, adequacy of the site upon which the
20construction is proposed, safety features of the site and proposed
21construction, and present and future land utilization, and report
22thereon to the State Allocation Board. If the local agency is situated
23in more than one city or county or partly in a city and partly in a
24county, the local agency shall comply with the ordinances of each
25county or city with respect to the territory of the local agency that
26is situated in the particular county or city, and the ordinances of a
27county or city shall not be applied to any portion of the territory
28of the local agency that is situated outside the boundaries of the
29county or city. Notwithstanding the preceding provisions of this
30section, this section does not require a school district or the state
31when acting under the State Contract Act (Article 1 (commencing
32with Section 10100) of Chapter 1 of Part 2 of Division 2 of the
33Public Contract Code) to comply with the building ordinances of
34a county or city.

35(c) Each local agency required to comply with building
36ordinances and zoning ordinances pursuant to this section and each
37school district whose school buildings are inspected by a county
38or city pursuant to Section 53092 shall be subject to the applicable
39ordinances of a county or city requiring the payment of fees, but
40the amount of fees charged to a local agency or school district shall
P4    1not exceed the amount charged under the ordinance to
2nongovernmental agencies for the same services or permits.

3(d) Building ordinances of a county or city shall not apply to
4the location or construction of facilities for the production,
5generation, storage, treatment, or transmission of water,
6wastewater, or electrical energy by a local agency.

7(e) Zoning ordinances of a county or city shall not apply to the
8location or construction of facilities for the production, generation,
9storage, treatment, or transmission of water, or for the production
10or generation of electrical energy, facilities that are subject to
11Section 12808.5 of the Public Utilities Code, or electrical
12substations in an electrical transmission system that receives
13electricity at less than 100,000 volts. Zoning ordinances of a county
14or city shall apply to the location or construction of facilities for
15the storage or transmission of electrical energy by a local agency,
16if the zoning ordinances make provision for those facilities.

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