BILL ANALYSIS
AB 1297
Page 1
ASSEMBLY THIRD READING
AB 1297 (Evans)
As Amended May 27, 2005
Majority vote
BUSINESS & PROFESSIONS 7-3 APPROPRIATIONS 13-5
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|Ayes:|Negrete McLeod, Bass, |Ayes:|Chu, Bass, Berg, |
| |Frommer, Koretz, Nation, | |Calderon, Mullin, |
| |Vargas, Yee | |Karnette, Klehs, Leno, |
| | | |Nation, Oropeza, |
| | | |Ridley-Thomas, Saldana, |
| | | |Yee |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Shirley Horton, Maze, |Nays:|Sharon Runner, Emmerson, |
| |Tran | |Haynes, Nakanishi, |
| | | |Walters |
| | | | |
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SUMMARY : Establishes the California Building Rehabilitation
Advisory Council (Council) to advise the California Building
Standards Commission (Commission) on the possible development of
a California building rehabilitation guideline. Specifically,
this bill :
1)Establishes the Council whose members shall be appointed by
the executive director of the Commission by March 31, 2006.
2)Provides that members of the Council shall serve without
compensation and shall include, but not be limited to, one
representative each from 23 entities, including: the
Commission, the Department of Housing and Community
Development, the Division of the State Architect, the office
of the State Fire Marshal, the Seismic Safety Commission, the
League of California Cities, the California Building
Association, and the American Institute of Architects,
California Council.
3)Provides that the Council shall make recommendations to the
Commission's advisory panels by June 30, 2007 on whether or
not development of a California building rehabilitation
guideline would improve the reuse and safety of existing
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residential and nonresidential buildings and whether the
guideline should be adopted as a separate appendix to the
California Building Standards Code.
4)Requires the Commission to assist the Council in carrying out
its duties and to seek service assistance from the
organizations represented on the Council and funding from
non-state sources to provide for the implementation of this
bill.
5)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 a California building rehabilitation
guideline.
6)Requires the Commission, by March 31, 2008, to review the
reports and recommendations of the advisory panels and to
consider the adoption of a California building rehabilitation
guideline.
7)Requires the Commission, if it adopts a California building
rehabilitation guideline, to report to the Legislature within
six months on the contents and expected impact of the
guideline.
8)Provides for the repeal of the Council on January 1, 2009.
EXISTING LAW establishes the Commission within the State and
Consumer Services Agency to review and approve 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
appropriate advisory panels to advise it. The Commission
currently convenes five advisory panels relating to: 1)
plumbing, electrical, mechanical and energy systems; 2)
building, fire and other; 3) structural design/lateral forces;
4) accessibility; and, 5) health facilities.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, this bill requires an 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
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the Council. [Service Revolving Fund]
COMMENTS : 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.
The current system fuels more sprawl and leads to obstacles to
urban renewal because new project construction costs are less
expensive than rehabilitation or redevelopment costs.
The author cites the example of New Jersey, which successfully
changed its construction code to encourage the reuse of older
buildings. That code is known as New Jersey's "Rehabilitation
Subcode" and was developed under the guidance of various
experts. Information provided by the author indicates that a
year after New Jersey adopted the code, rehabilitation increased
59% in Newark, 40% in Trenton, and 83% in Jersey City.
AB 2259 (Wiggins), 1999-2000 Session, would have established the
California Building Rehabilitation Advisory Council and was
virtually identical to AB 1297. AB 2259 was vetoed by Governor
Gray Davis on September 18, 2000.
Analysis Prepared by : Pablo Garza / B. & P. / (916) 319-3301
FN: 0010798