BILL ANALYSIS
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: ab 2001
SENATOR ALAN LOWENTHAL, CHAIRMAN AUTHOR: harkey
VERSION: 5/3/10
Analysis by: Mark Stivers FISCAL: yes
Hearing date: June 15, 2010
SUBJECT:
Building standards developed by the Department of Public Health
DESCRIPTION:
This bill requires the Building Standards Commission to adopt
building standards proposed by the Department of Public Health.
ANALYSIS:
The California Building Standards Law establishes the California
Building Standards Commission (BSC) and the process for adopting
state building standards. As a general rule, relevant state
agencies develop and propose amendments to model building codes
for the BSC to adopt as appropriate. For example, the
Department of Housing and Community Development proposes
residential building standards, the Office of Statewide Health
Planning and Development proposes building standards for
hospitals and clinics, and the Division of the State Architect
proposes building standards for schools and emergency service
buildings. In these cases, BSC fulfills all of the procedural
requirements of the Administrative Procedures Act (APA) prior to
adopting the proposed standards.
Current law, however, contains a few exceptions to the general
rule. A few state agencies actually adopt their own building
standards and submit them to the BSC for approval only (i.e.,
incorporation into the California Building Standards Code). In
these cases, the state agency developing the building standards
fulfills all of the procedural requirements of the APA. The
California Energy Commissions adopts energy use-related building
AB 2001 (HARKEY) Page 2
standards in this manner. In addition, the Department of Public
Health (DPH) uses this process to adopt building standards for
structures related to organized camps, public swimming pools,
public beaches, radiation protection, laboratory animal
quarters, wild animal quarantine facilities, food
establishments, food crop or shellfish growing and harvest
sanitation, and commissaries serving mobile food vehicles.
This bill requires the BSC to fulfill APA requirements for, and
adopt building standards proposed by, DPH.
COMMENTS:
1.Purpose of the bill . According to DPH, until recently the BSC
processed DPH-related building standards under its general
process, fulfilling all APA responsibilities and adopting the
standards on DPH's behalf. Then the BSC determined that it
did not have specific legal authority to do so. As a result,
DPH now must conduct its own APA procedures and adopt building
standards on its own before submitting the standards to the
BSC for approval only. Because DPH does not routinely develop
building standards, this creates inefficiencies, additional
costs, and delays. Transferring the APA and adoption
responsibilities for these building standards to the BSC will
lead to a more efficient process.
2.DPH still develops the standards . Although this bill makes
the BSC responsible for adopting building standards within
DPH's jurisdiction, DPH will still develop the standards and
propose them to the BSC, just as most other state agencies do.
As a result, this bill alters administrative responsibilities
but does not deprive DPH of the primary responsibility for
writing standards within its jurisdiction.
3.Double-referred . The Senate Rules Committee has referred this
bill both to this committee and back to the Rules Committee to
consider referral to a second policy committee.
Assembly Votes:
Floor: 74-0
Appr: 15-0
B&P: 11-0
POSITIONS: (Communicated to the Committee before noon on
Wednesday,
June 9, 2010)
AB 2001 (HARKEY) Page 3
SUPPORT: California Department of Public Health (sponsor)
California Building Standards Commission
OPPOSED: None received.