BILL NUMBER: AB 210	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hayashi

                        FEBRUARY 2, 2009

   An act to amend Sections 17958.5 and 18941.5 of the Health and
Safety Code, relating to building standards.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 210, as introduced, Hayashi. Green building standards.
   (1) The California Building Standards Law provides for the
adoption of building standards by state agencies by requiring all
state agencies that adopt or propose adoption of any building
standard to submit the building standard to the California Building
Standards Commission for approval and adoption.
   Existing law authorizes a city or county to make changes or
modifications in the requirements contained in the provisions
published in the California Building Standards Code and other
specified regulations.
   This bill would specify that the requirements and regulations that
a city or county is authorized to change or modify includes, but is
not limited to, green building standards.
   (2) Existing law requires that amendments, additions, and
deletions to the California Building Standards Code adopted by a
city, county, or city and county pursuant to existing law, become
effective 180 days after publication, or at a later date, as
specified. Existing law provides that specified building standards do
not limit the authority of a city, county, or city and county to
establish more restrictive building standards.
   This bill would provide that the adopted and established standards
include, but are not limited to, green building standards.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 17958.5 of the Health and Safety Code is
amended to read:
   17958.5.  Except as provided in Section 17922.6, in adopting the
ordinances or regulations pursuant to Section 17958, a city or county
may make  such  those  changes or
modifications in the requirements contained in the provisions
published in the California Building Standards Code and the other
regulations adopted pursuant to Section 17922  , including, but
not limited to, green building standards,  as it determines,
pursuant to the provisions of Section 17958.7, are reasonably
necessary because of local climatic, geological, or topographical
conditions.
   For purposes of this  subdivision   section
 , a city and county may make reasonably necessary modifications
to the requirements, adopted pursuant to Section 17922, 
including, but not limited to, green building standards, 
contained in the provisions of the code and regulations on the basis
of local conditions.
  SEC. 2.  Section 18941.5 of the Health and Safety Code is amended
to read:
   18941.5.  (a)  (1) Amendments, additions, and deletions to the
California Building Standards Code  , including, but not limited
to, green building standards,  adopted by a city, county, or
city and county pursuant to Section 18941.5 or pursuant to Section
17958.7, together with all applicable portions of the California
Building Standards Code, shall become effective 180 days after
publication of the California Building Standards Code by the
commission, or at a later date after publication established by the
commission.
   (2)  The publication date established by the commission shall be
no earlier than the date the California Building Standards Code is
available for purchase by the public.
   (b)  Neither the State Building Standards Law contained in this
part, nor the application of building standards contained in this
section, shall limit the authority of a city, county, or city and
county to establish more restrictive building standards  ,
including, but not limited to, green building standards, 
reasonably necessary because of local climatic, geological, or
topographical conditions. The governing body shall make the finding
required by Section 17958.7 and the other requirements imposed by
Section 17958.7 shall apply to that finding. Nothing in this section
shall limit the authority of fire protection districts pursuant to
subdivision (a) of Section 13869.7. Further, nothing in this section
shall require findings required by Section 17958.7 beyond those
currently required for more restrictive building standards related to
housing.