BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1297
                                                                  Page  1

          Date of Hearing:   April 27, 2005

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                   Judy Chu, Chair

                 AB 1297 (Evans) - As Introduced:  February 22, 2005 

          Policy Committee:                              Business and  
          Professions  Vote:                            7-3

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  


          This bill establishes the California Building Rehabilitation  
          Advisory Council (Council), with specified representation, to  
          advise the California Building Standards Commission (Commission)  
          regarding possible development of a California building  
          rehabilitation guideline. Specifically, this bill:


          1)Requires that Council members be appointed by the executive  
            director of the Commission by March 31, 2006, and that the  
            Council make recommendations to the Commission's advisory  
            panels by June 30, 2007 on whether development of a building  
            rehabilitation guideline would improve the reuse and safety of  
            existing residential and nonresidential buildings and whether  
            the guideline should be adopted as a separate appendix to the  
            state Building Standards Code.


          2)Requires the Commission to assist the Council in carrying out  
            its duties, to absorb related costs, and to seek in-kind  
            service assistance from private sector organizations  
            represented on the Council.


          3)Requires the Commission's advisory panels to hold public  
            hearings on the Council's recommendations and to report to the  
            Commission by September 30, 2007 on whether or not the  
            Commission should adopt the building rehabilitation guideline.










                                                                  AB 1297
                                                                  Page  2

          4)Requires the Commission, by March 31, 2008, to review the  
            reports and recommendations of the advisory panels and to  
            consider adoption of a building rehabilitation guideline, and  
            if it does adopt, to report to the Legislature within six  
            months on the contents and expected impact of the guideline.  
            The Council would sunset on January 1, 2009.


           FISCAL EFFECT  

          Annual special fund costs, for three years, in the range of  
          $150,000 for one engineering position and one support position  
          for the Commission to assist the Council. [Service Revolving  
          Fund]

          (The Commission's budget for 2004-05 is $844,000, which supports  
          seven positions.)

           COMMENTS  


           1)Purpose  . According to the author, this bill will help prevent  
            urban sprawl, revitalize blighted urban communities, and  
            supply low-income housing. Currently, when a property owner or  
            developer substantially rehabilitates an existing building,  
            compliance with the building code can be difficult because  
            local governments often require that the building be brought  
            up to current code. The author asserts that this situation can  
            serve as a very expensive and powerful disincentive for those  
            who might otherwise undertake a building rehabilitation  
            project.


           2)The Building Standards Commission  , within the State and  
            Consumer Services Agency, reviews and approves building  
            standards proposed and adopted by state agencies. The  
            Commission publishes the California Building Standards Code in  
            order to ensure consistency in nomenclature and format and to  
            eliminate duplication in standards. The Commission may  
            appoint, and currently convenes, five advisory panels relating  
            to: a) plumbing, electrical, mechanical and energy systems; b)  
            building, fire and other; c) structural design/lateral forces;  
            d) accessibility; and, e) health facilities.










                                                                  AB 1297
                                                                  Page  3

           3)Prior Legislation  . AB 2259 (Wiggins) of 2000, which was almost  
            identical to AB 1297, was vetoed by Governor Davis, who argued  
            that specific law was not needed to create an advisory council  
            if the Commission deems one to be necessary.


           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081