BILL NUMBER: AB 1731 ENROLLED
BILL TEXT
PASSED THE ASSEMBLY SEPTEMBER 5, 2003
PASSED THE SENATE SEPTEMBER 3, 2003
AMENDED IN SENATE AUGUST 29, 2003
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 amend Sections 18951, 18952, 18953, 18954, 18955, 18958,
18959, 18960, 18961, and 33333.6 of the Health and Safety Code,
relating to buildings and housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 1731, Committee on Housing and Community Development.
Buildings and housing.
(1) 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.
(2) The Community Redevelopment Law prescribes time limits on the
effectiveness of redevelopment plans and the establishment of loans,
advances, and indebtedness, and prescribes criteria for the extension
of those time limits. SB 1045 would further revise those
provisions.
This bill would, contingent on the chaptering of SB 1045,
prescribe additional criteria for the amendment of redevelopment
plans to extend time limits to fulfill affordable housing
obligations, and would provide that the time limits on loans,
advances, and indebtedness do not prevent the establishment of more
debt to fulfill affordable housing obligations.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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. 2. 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. 3. 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. 4. 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 code within its legal authority 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. 5. 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 or property, 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. 6. 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. 7. 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 authorities shall, within their legal
authority, 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 this part, each local agency
may make changes or modifications in the requirements contained in
the California 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. 8. 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. 9. 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. 10. Section 33333.6 of the Health and Safety Code is amended
to read:
33333.6. The limitations of this section shall apply to every
redevelopment plan adopted on or before December 31, 1993.
(a) The effectiveness of every redevelopment plan to which this
section applies shall terminate at a date that shall not exceed 40
years from the adoption of the redevelopment plan or January 1, 2009,
whichever is later. After the time limit on the effectiveness of
the redevelopment plan, the agency shall have no authority to act
pursuant to the redevelopment plan except to pay previously incurred
indebtedness, to comply with Section 33333.8 and to enforce existing
covenants, contracts, or other obligations.
(b) Except as provided in subdivisions (f) and (g), a
redevelopment agency may not pay indebtedness or receive property
taxes pursuant to Section 33670 after 10 years from the termination
of the effectiveness of the redevelopment plan pursuant to
subdivision (b).
(c) (1) If plans that had different dates of adoption were merged
on or before December 31, 1993, the time limitations required by this
section shall be counted individually for each merged plan from the
date of the adoption of each plan. If an amendment to a
redevelopment plan added territory to the project area on or before
December 31, 1993, the time limitations required by this section
shall commence, with respect to the redevelopment plan, from the date
of the adoption of the redevelopment plan, and, with respect to the
added territory, from the date of the adoption of the amendment.
(2) If plans that had different dates of adoption are merged on or
after January 1, 1994, the time limitations required by this section
shall be counted individually for each merged plan from the date of
the adoption of each plan.
(d) (1) Unless a redevelopment plan adopted prior to January 1,
1994, contains all of the limitations required by this section and
each of these limitations does not exceed the applicable time limits
established by this section, the legislative body, acting by
ordinance on or before December 31, 1994, shall amend every
redevelopment plan adopted prior to January 1, 1994, either to amend
an existing time limit that exceeds the applicable time limit
established by this section or to establish time limits that do not
exceed the provisions of subdivision (b) or (c).
(2) The limitations established in the ordinance adopted pursuant
to this section shall apply to the redevelopment plan as if the
redevelopment plan had been amended to include those limitations.
However, in adopting the ordinance required by this section, neither
the legislative body nor the agency is required to comply with
Article 12 (commencing with Section 33450) or any other provision of
this part relating to the amendment of redevelopment plans.
(e) (1) If a redevelopment plan adopted prior to January 1, 1994,
contains one or more limitations required by this section, and the
limitation does not exceed the applicable time limit required by this
section, this section shall not be construed to require an amendment
of this limitation.
(2) (A) A redevelopment plan adopted prior to January 1, 1994,
that has a limitation shorter than the terms provided in this section
may be amended by a legislative body by adoption of an ordinance on
or after January 1, 1999, but on or before December 31, 1999, to
extend the limitation, provided that the plan as so amended does not
exceed the terms provided in this section. In adopting an ordinance
pursuant to this subparagraph, neither the legislative body nor the
agency is required to comply with Section 33354.6, Article 12
(commencing with Section 33450), or any other provision of this part
relating to the amendment of redevelopment plans.
(B) On or after January 1, 2002, a redevelopment plan may be
amended by a legislative body by adoption of an ordinance to
eliminate the time limit on the establishment of loans, advances, and
indebtedness required by this section prior to January 1, 2002. In
adopting an ordinance pursuant to this subparagraph, neither the
legislative body nor the agency is required to comply with Section
33354.6, Article 12 (commencing with Section 33450), or any other
provision of this part relating to the amendment of redevelopment
plans, except that the agency shall make the payment to affected
taxing entities required by Section 33607.7.
(C) When an agency is required to make a payment pursuant to
Section 33681.9, the legislative body may amend the redevelopment
plan to extend the time limits required pursuant to subdivisions (a)
and (b) by one year by adoption of an ordinance. In adopting an
ordinance pursuant to this subparagraph, neither the legislative body
nor the agency is required to comply with Section 33354.6 or Article
12 (commencing with Section 33450) or any other provision of this
part relating to the amendment of redevelopment plans, including, but
not limited to, the requirement to make the payment to affected
taxing entities required by Section 33607.7.
(3) (A) A time limit on the establishing of loans, advances, and
indebtedness to be paid with the proceeds of property taxes received
pursuant to Section 33670 to finance in whole or in part the
redevelopment project shall not prevent an agency from incurring debt
to be paid from the agency's Low and Moderate Income Housing Fund or
establishing more debt in order to fulfill the agency's affordable
housing obligations, as defined in paragraph (1) of subdivision (a)
of Section 33333.8.
(B) A redevelopment plan may be amended by a legislative body to
provide that there shall be no time limit on the establishment of
loans, advances, and indebtedness paid from the agency's Low and
Moderate Income Housing Fund or establishing more debt in order to
fulfill the agency's affordable housing obligations, as defined in
paragraph (1) of subdivision (a) of Section 33333.8. In adopting
such an ordinance, neither the legislative body nor the agency is
required to comply with Section 33345.6, Article 12 (commencing with
Section 33450), or any other provision of this part relating to the
amendment of redevelopment plans, and the agency shall not make the
payment to affected taxing entities required by Section 33607.7.
(f) The limitations established in the ordinance adopted pursuant
to this section shall not be applied to limit the allocation of taxes
to an agency to the extent required to comply with Section 33333.8.
In the event of a conflict between these limitations and the
obligations under Section 33333.8, the limitations established in the
ordinance shall be suspended pursuant to Section 33333.8.
(g) This section shall not be construed to affect the validity of
any bond, indebtedness, or other obligation, including any mitigation
agreement entered into pursuant to Section 33401, authorized by the
legislative body, or the agency pursuant to this part, prior to
January 1, 1994. This section shall not be construed to affect the
right of an agency to receive property taxes, pursuant to Section
33670, to pay the bond, indebtedness, or other obligation.
(h) A redevelopment agency shall not pay indebtedness or receive
property taxes pursuant to Section 33670, with respect to a
redevelopment plan adopted prior to January 1, 1994, after the date
identified in subdivision (b) or the date identified in the
redevelopment plan, whichever is earlier, except as provided in
paragraph (2) of subdivision (e), in subdivision (g), or in Section
33333.8.
(i) The Legislature finds and declares that the amendments made to
this section by the act that adds this subdivision are intended to
add limitations to the law on and after January 1, 1994, and are not
intended to change or express legislative intent with respect to the
law prior to that date. It is not the intent of the Legislature to
affect the merits of any litigation regarding the ability of a
redevelopment agency to sell bonds for a term that exceeds the limit
of a redevelopment plan pursuant to law that existed prior to January
1, 1994.
(j) If a redevelopment plan is amended to add territory, the
amendment shall contain the time limits required by Section 33333.2.
SEC. 11. Section 10 of this act shall become operative only if SB
1045 of the 2003-04 Regular Session of the Legislature is chaptered
on or before January 1, 2004.