BILL NUMBER: AB 1731 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 2, 2003
AMENDED IN ASSEMBLY MAY 8, 2003
INTRODUCED BY Committee on Housing and Community Development
(Lowenthal (Chair), Cogdill, Dutra, Kehoe, Mullin, Runner, Salinas,
and Steinberg)
MARCH 5, 2003
An act to add Section 1350.5 to, and to add chapter and article
headings to Title 6 (commencing with Section 1350) of Part 4 of
Division 2 of, the Civil Code, and to amend Sections 18951, 18952,
18953, 18954, 18955, 18958, 18959, 18960, 18961, 50451,
50452, and 50453 and 18961 of the Health and
Safety Code, relating to buildings and housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 1731, as amended, Committee on Housing and Community
Development. Buildings and housing.
(1) The Davis-Stirling Common Interest Development Act defines and
regulates common interest developments.
This bill would revise the Davis-Stirling Common Interest
Development Act to add chapter and article headings to its
provisions. The bill would also provide that these headings do not
change the scope, meaning, or intent of the act.
(2) The State Historical Building Code authorizes repairs,
alterations, and additions necessary for the preservation,
restoration, rehabilitation, moving, or continued use of a historic
building or structure if they conform to this code. The code defines
a qualified historical building or structure as any structure,
collection of structures, and their associated sites deemed of
importance to the history, architecture, or culture of an area by an
appropriate local or state governmental jurisdiction. The code also
establishes the State Historical Building Safety Board with a
specified membership and authorizes the board to charge fees for
specified requests.
This bill would revise the definition of qualified historical
building or structure to include structures under construction and
other places, locations, and sites, identified on historical
registers or official inventories, as specified, and would revise the
membership of the board. It would authorize the board to charge
fees for its activities pursuant to this code and would make other
conforming changes.
(3) Existing law requires the California Statewide Housing Plan to
specify housing goals for the current and the next 4 fiscal years,
according to prescribed criteria, including reducing the number of
households that have to pay more than 25% of their gross income for
housing, and requires the department to biennially update the plan
and provide the revision to the Legislature. The plan is required to
provide a database for local housing market studies and serve as a
guide for local housing elements.
This bill would revise those criteria to include reducing the
number of households that have to pay more than 30% of their gross
income for housing. The bill would require the plan to be updated
not less than every 5 years and would delete a requirement that
certain information relating to housing goals be included in the
revision. The bill would delete the provision relating to a database
and require the plan to provide a reference guide for local housing
market studies and local housing elements, as specified.
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. A chapter heading is added to Title 6 (commencing with
Section 1350) of Part 4 of Division 2 of the Civil Code, immediately
preceding Section 1350, to read:
CHAPTER 1. GENERAL PROVISIONS
SEC. 2. An article heading is added to Title 6 (commencing with
Section 1350) of Part 4 of Division 2 of the Civil Code, immediately
preceding Section 1350, to read:
Article 1. Preliminary Provisions
SEC. 3. Section 1350.5 is added to the Civil Code, to read:
1350.5. Division, part, title, chapter, and section headings do
not in any manner affect the scope, meaning, or intent of this title.
SEC. 4. An article heading is added to Title 6 (commencing with
Section 1350) of Part 4 of Division 2 of the Civil Code, immediately
preceding Section 1351, to read:
Article 2. Definitions
SEC. 5. A chapter heading is added to Title 6 (commencing with
Section 1350) of Part 4 of Division 2 of the Civil Code, immediately
preceding Section 1352, to read:
CHAPTER 2. GOVERNING DOCUMENTS
SEC. 6. An article heading is added to Title 6 (commencing with
Section 1350) of Part 4 of Division 2 of the Civil Code, immediately
preceding Section 1352, to read:
Article 1. Creation
SEC. 7. An article heading is added to Title 6 (commencing with
Section 1350) of Part 4 of Division 2 of the Civil Code, immediately
preceding Section 1354, to read:
Article 2. Enforcement
SEC. 8. An article heading is added to Title 6 (commencing with
Section 1350) of Part 4 of Division 2 of the Civil Code, immediately
preceding Section 1355, to read:
Article 3. Amendment
SEC. 9. A chapter heading is added to Title 6 (commencing with
Section 1350) of Part 4 of Division 2 of the Civil Code, immediately
preceding Section 1358, to read:
CHAPTER 3. OWNERSHIP RIGHTS AND INTERESTS
SEC. 10. A chapter heading is added to Title 6 (commencing with
Section 1350) of Part 4 of Division 2 of the Civil Code, immediately
preceding Section 1363, to read:
CHAPTER 4. GOVERNANCE
SEC. 11. An article heading is added to Title 6 (commencing with
Section 1350) of Part 4 of Division 2 of the Civil Code, immediately
preceding Section 1363, to read:
Article 1. Association
SEC. 12. An article heading is added to Title 6 (commencing with
Section 1350) of Part 4 of Division 2 of the Civil Code, immediately
preceding Section 1363.05, to read:
Article 2. Common Interest Development Open Meeting Act
SEC. 13. An article heading is added to Title 6 (commencing with
Section 1350) of Part 4 of Division 2 of the Civil Code, immediately
preceding Section 1363.1, to read:
Article 3. Managing Agents
SEC. 14. An article heading is added to Title 6 (commencing with
Section 1350) of Part 4 of Division 2 of the Civil Code, immediately
preceding Section 1363.5, to read:
Article 4. Public Information
SEC. 15. A chapter heading is added to Title 6 (commencing with
Section 1350) of Part 4 of Division 2 of the Civil Code, immediately
preceding Section 1364, to read:
CHAPTER 5. OPERATIONS
SEC. 16. An article heading is added to Title 6 (commencing with
Section 1350) of Part 4 of Division 2 of the Civil Code, immediately
preceding Section 1364, to read:
Article 1. Common Areas
SEC. 17. An article heading is added to Title 6 (commencing with
Section 1350) of Part 4 of Division 2 of the Civil Code, immediately
preceding Section 1365, to read:
Article 2. Fiscal Matters
SEC. 18. An article heading is added to Title 6 (commencing with
Section 1350) of Part 4 of Division 2 of the Civil Code, immediately
preceding Section 1365.7, to read:
Article 3. Insurance
SEC. 19. An article heading is added to Title 6 (commencing with
Section 1350) of Part 4 of Division 2 of the Civil Code, immediately
preceding Section 1366, to read:
Article 4. Assessments
SEC. 20. A chapter heading is added to Title 6 (commencing with
Section 1350) of Part 4 of Division 2 of the Civil Code, immediately
preceding Section 1368, to read:
CHAPTER 6. TRANSFER OF OWNERSHIP INTERESTS
SEC. 21. A chapter heading is added to Title 6 (commencing with
Section 1350) of Part 4 of Division 2 of the Civil Code, immediately
preceding Section 1368.4, to read:
CHAPTER 7. CIVIL ACTIONS AND LIENS
SEC. 22. A chapter heading is added to Title 6 (commencing with
Section 1350) of Part 4 of Division 2 of the Civil Code, immediately
preceding Section 1370, to read:
CHAPTER 8. CONSTRUCTION OF INSTRUMENTS AND ZONING
SEC. 23. A chapter heading is added to Title 6 (commencing with
Section 1350) of Part 4 of Division 2 of the Civil Code, immediately
preceding Section 1375, to read:
CHAPTER 9. CONSTRUCTION DEFECT LITIGATION
SEC. 24. A chapter heading is added to Title 6 (commencing with
Section 1350) of Part 4 of Division 2 of the Civil Code, immediately
preceding Section 1376, to read:
CHAPTER 10. IMPROVEMENTS
SEC. 25. Section 18951 of the Health and Safety Code is amended to
read:
18951. It is the purpose of this part to provide alternative
regulations and standards for the rehabilitation, preservation,
restoration (including related reconstruction), or relocation of
qualified historical buildings or structures, as defined in Section
18955. These alternative standards and regulations are intended to
facilitate the rehabilitation, restoration, or change of occupancy so
as to preserve their original or restored architectural elements and
features, to encourage energy conservation and a cost-effective
approach to preservation, and to provide for the safety of the
building occupants.
SEC. 26. Section 18952 of the Health and Safety Code is amended to
read:
18952. This part shall apply to all qualified historical
buildings or structures as defined in Section 18955.
SEC. 27. Section 18953 of the Health and Safety Code is amended to
read:
18953. It is the intent of this part to provide means for the
preservation of the historical value of qualified historical
buildings or structures and, concurrently, to provide reasonable
safety from fire, seismic forces or other hazards for occupants of
these buildings or structures, and to provide reasonable availability
to and usability by, the disabled.
SEC. 28. Section 18954 of the Health and Safety Code is amended to
read:
18954. Repairs, alterations, and additions necessary for the
preservation, restoration, rehabilitation, moving, or continued use
of a qualified historical building or structure may be made if they
conform to this part. The building department of every city or
county or other local agency that has jurisdiction over the
enforcement of building codes shall apply the alternative standards
and regulations adopted pursuant to Section 18959.5 in permitting
repairs, alterations, and additions necessary for the preservation,
restoration, rehabilitation, safety, moving, or continued use of a
qualified historical building or structure. A state agency shall
apply the alternative regulations adopted pursuant to Section 18959.5
in permitting repairs, alterations, and additions necessary for the
preservation, restoration, rehabilitation, safety, moving, or
continued use of a qualified historical building or structure.
The application of any alternative standards for the provision of
access to the disabled or exemption from access requirements shall be
done on a case-by-case and item-by-item basis, and shall not be
applied to an entire qualified historical building or structure
without individual consideration of each item, and shall not be
applied to related sites or areas except on an item-by-item basis.
SEC. 29. Section 18955 of the Health and Safety Code is amended to
read:
18955. For the purposes of this part, a qualified historical
building or structure is any structure under construction, structure,
collection of structures, and their related sites deemed of
importance to the history, architecture, or culture of an area by an
appropriate local or state governmental jurisdiction. This shall
include historical buildings or structures on existing or future
national, state or local historical registers or official
inventories, such as the National Register of Historic Places, State
Historical Landmarks, State Points of Historical Interest, and city
or county registers or inventories of historical or architecturally
significant sites, places, historic districts, or landmarks. This
shall also include places, locations, or sites identified on these
historical registers or official inventories and deemed of importance
to the history, architecture, or culture of an area by an
appropriate local or state governmental jurisdiction.
SEC. 30. Section 18958 of the Health and Safety Code is amended to
read:
18958. Except as provided in Section 18930, the following state
agencies, in addition to the State Historical Building Safety Board,
shall have the authority to adopt rules and regulations pursuant to
the State Historical Building Code governing the rehabilitation,
preservation, restoration, related reconstruction, safety, or
relocation of qualified historical buildings and structures within
their jurisdiction:
(a) The Division of the State Architect.
(b) The State Fire Marshal.
(c) The State Building Standards Commission, but only with respect
to approval of building standards.
(d) The Department of Housing and Community Development.
(e) The Department of Transportation.
(f) Other state agencies that may be affected by this part.
SEC. 31. Section 18959 of the Health and Safety Code is amended to
read:
18959. (a) Except as otherwise provided in Part 2.5 (commencing
with Section 18901), all state agencies shall administer and enforce
this part with respect to qualified historical buildings or
structures under their respective jurisdiction.
(b) Except as otherwise provided in Part 2.5 (commencing with
Section 18901), all local building authorities shall administer and
enforce this part with respect to qualified historical buildings or
structures under their respective jurisdictions where applicable.
(c) The State Historical Building Safety Board shall coordinate
and consult with the other applicable state agencies affected by this
part and, except as provided in Section 18943, disseminate
provisions adopted pursuant to this part to all local building
authorities and state agencies at cost.
(d) Regulations adopted by the State Fire Marshal pursuant to this
part shall be enforced in the same manner as regulations are
enforced under Sections 13145, 13146, and 13146.5.
(e) Regular and alternative building standards published in the
California Building Standards Code shall be enforced in the same
manner by the same governmental entities as provided by law.
(f) When administering and enforcing the provisions of
this part, each local agency may make changes or
modifications in the requirements contained in the State Historical
Building Code, as described in Section 18944.7, as it determines are
reasonably necessary because of local climatic, geological, seismic,
and topographical conditions. The local agency shall make an express
finding that the modifications or changes are needed, and the
finding shall be available as a public record. A copy of the finding
and change or modification shall be filed with the State Historical
Building Safety Board. No modification or change shall become
effective or operative for any purpose until the finding and
modification or change has been filed with the board.
SEC. 32. Section 18960 of the Health and Safety Code is amended to
read:
18960. (a) A State Historical Building Safety Board is hereby
established as a unit within the Division of the State Architect.
The board shall be composed of qualified experts in their respective
fields who shall represent various state and local public agencies,
professional design societies and building and preservation oriented
organizations.
(b) This board shall act as a consultant to the State Architect
and to the other applicable state agencies for purposes of this part.
The board shall recommend to the State Architect and the other
applicable state agencies rules and regulations for adoption pursuant
to this part.
(c) The board shall also act as a review body to state and local
agencies with respect to interpretations of this part as well as on
matters of administration and enforcement of it. The board's
decisions shall be reported in printed form.
(1) Notwithstanding subdivision (b) of Section 18945, if any local
agency administering and enforcing this part or any person adversely
affected by any regulation, rule, omission, interpretation,
decision, or practice of this agency representing a building standard
wishes to appeal the issue for resolution to the State Historical
Building Safety Board, these parties may appeal to the board. The
board may accept the appeal only if it determines that issues
involved in the appeal have statewide significance.
(2) The State Historical Building Safety Board shall, upon making
a decision on an appeal pursuant to paragraph (1), send a copy to the
State Building Standards Commission.
(3) Requests for interpretation by local agencies of the
provisions of this part may be accepted for review by the State
Historical Building Safety Board. A copy of an interpretation
decision shall be sent to the State Building Standards Commission in
the same manner as paragraph (2).
(4) The State Historical Building Safety Board may charge a
reasonable fee, not to exceed the cost of the service, for requests
for copies of their decisions and for requests for reviews by the
board pursuant to paragraph (1) or (3). All funds collected pursuant
to this paragraph shall be deposited in the State Historical
Building Code Fund, which is hereby established, for use by the State
Historical Building Safety Board. The State Historical Building
Code Fund and the fees collected therefor, and the budget of the
State Historical Building Safety Board, shall be subject to annual
appropriation in the Budget Act.
(5) Local agencies may also charge reasonable fees not to exceed
the cost for making an appeal pursuant to paragraph (1) to persons
adversely affected as described in that appeal.
(6) All other appeals involving building standards under this part
shall be made as set forth in subdivision (a) of Section 18945.
(d) The board shall be composed of representatives of state
agencies and public and professional building design, construction,
and preservation organizations experienced in dealing with historic
buildings. Unless otherwise indicated, each named organization shall
appoint its own representatives. Each of the following shall have
one member on the board who shall serve without pay, but shall
receive actual and necessary expenses incurred while serving on the
board:
(1) The Division of the State Architect.
(2) The State Fire Marshal.
(3) The State Historical Resources Commission.
(4) The California Occupational Safety and Health Standards Board.
(5) California Council, American Institute of Architects.
(6) Structural Engineers Association of California.
(7) A mechanical engineer, Consulting Engineers and Land Surveyors
of California.
(8) An electrical engineer, Consulting Engineers and Land
Surveyors of California.
(9) California Council of Landscape Architects.
(10) The Department of Housing and Community Development.
(11) The Department of Parks and Recreation.
(12) The California State Association of Counties.
(13) League of California Cities.
(14) The Office of Statewide Health Planning and Development.
(15) The Department of Rehabilitation.
(16) The California Chapter of the American Planning Association.
(17) The Department of Transportation.
(18) The California Preservation Foundation.
(19) The Seismic Safety Commission.
(20) The California Building Officials.
The 20 members listed above shall select a building contractor as
a member of the board. The members shall serve without pay, but
shall receive actual and necessary expenses incurred while serving on
the board.
Each of the appointing authorities shall appoint, in the same
manner as for members, an alternate in addition to a member. The
alternate member shall serve in place of the member at the meetings
of the board that the member is unable to attend. The alternate
shall have all of the authority that the member would have when the
alternate is attending in the place of the member. The board may
appoint, from time to time, as it deems necessary, consultants who
shall serve without pay but shall receive actual and necessary
expenses as approved by the board.
(e) The term of membership on the board shall be for four years,
with the State Architect's representative serving continually until
replaced. Vacancies on the board shall be filled in the same manner
as original appointments. The board shall annually select a
chairperson from among the members of the board.
SEC. 33. Section 18961 of the Health and Safety Code is amended to
read:
18961. All state agencies that enforce and administer approvals,
variances, or appeals procedures or decisions affecting the
preservation or safety of the historical aspects of qualified
historical buildings or structures shall use the alternative
provisions of this part and shall consult with the State Historical
Building Safety Board to obtain its review prior to undertaking
action or making decisions on variances or appeals that affect
qualified historical buildings or structures.
SEC. 34. Section 50451 of the Health and Safety Code is amended to
read:
50451. The California Statewide Housing Plan shall incorporate a
statement of housing goals, policies, and objectives, as well as all
of the following segments:
(a) An evaluation and summary of housing conditions throughout the
state, with particular emphasis upon the availability of housing for
all economic segments of the state. The evaluation shall include
summary statistics for all counties, all multicounty metropolitan
areas, and rural areas, as defined and designated by the Bureau of
the Census of the United States Department of Commerce, rather than
as defined in Section 50101. The evaluation shall include the
existing distribution of housing by type, size, gross rent, value,
and, to the extent data is available, condition, and the existing
distribution of households by gross income, size, and ethnic
character for each of those areas.
(b) The statewide need for housing development shall be
established as the minimum number of units necessary to be built or
rehabilitated to provide sufficient housing to house all residents of
the state in standard, uncrowded units in suitable locations.
(c) Goals for the provision of housing assistance for the fiscal
year the plan is revised and projected four additional fiscal years
ahead. The goals shall be established as the minimum number of
households to be assisted which will result in achieving, by the
fourth subsequent fiscal year, a substantial reduction in the number
of very low income households and other persons and families of low
or moderate income constrained to pay more than 30 percent of their
gross income for housing. Income groups to be considered in
establishing the goals shall be designated by the department and
shall include households a significant number of which are required
to pay more than 30 percent of their gross income for housing in the
fiscal year the plan is revised, as determined by the department.
(d) An identification of governmental and nongovernmental
constraints and obstacles and specific recommendations for their
removal.
(e) An analysis of state and local housing and building codes and
their enforcement. The analysis shall include consideration of
whether those codes contain sufficient flexibility to respond to new
methods of construction and new materials.
(f) Recommendations for actions by federal, state, and local
governments and the private sector that will contribute to the
attainment of the housing goals established for California.
(g) A housing strategy that coordinates the housing assistance and
activities of state and local agencies, including the provision of
housing assistance for various population groups such as elderly
persons, persons with disabilities, large families, families where a
female is the head of the household, farmworker households, and other
specific population groups as deemed appropriate by the department.
To inform the strategy, the department shall, to the extent
possible, do the following:
(1) Consider information compiled by the University of California
pursuant to Section 9101.5 of the Welfare and Institutions Code, and
from provider and consumer organizations as available.
(2) Consult with various state departments, including the
California Department of Aging, the State Department of Social
Services, the State Department of Health Services, the State
Department of Mental Health, the Employment Development Department,
the State Department of Developmental Services, and other state
departments or agencies to obtain information deemed relevant to the
housing needs of populations addressed in the housing strategy. This
paragraph shall not be construed to require activity beyond the
customary scope of the department's planning process.
SEC. 35. Section 50452 of the Health and Safety Code is amended to
read:
50452. (a) The department shall periodically, as new census or
other survey data become available, but no less than every five
years, update and provide a revision of the California Statewide
Housing Plan to the Legislature.
(b) The revision shall contain an evaluation and summary of
housing conditions throughout the state and may highlight data for
multicounty or regional areas, as determined by the department. The
revision shall include a discussion of the housing needs of various
population groups such as elderly persons, disabled persons, large
families, families where a female is the head of the household, and
farmworker households.
(c) An updating of recommendations for actions by federal, state,
and local governments and the private sector that will facilitate the
attainment of housing goals established for California.
The Legislature may review the plan and the updates of the plan
and transmit its comments on the plan or updates of the plan to the
Governor, the Secretary of the Business, Transportation, and Housing
Agency, and the Director of Housing and Community Development.
SEC. 36. Section 50453 of the Health and Safety Code is amended to
read:
50453. The California Statewide Housing Plan developed pursuant
to Section 50450 shall provide a reference guide for local housing
market studies and local housing elements required by Section 65302
of the Government Code. The plan is also intended to provide a
framework for local housing plans.