BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2001|
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CONSENT
Bill No: AB 2001
Author: Harkey (R)
Amended: 7/15/10 in Senate
Vote: 21
SENATE TRANSPORTATION & HOUSING COMMITTEE : 8-0, 6/15/10
AYES: Lowenthal, Huff, Ashburn, DeSaulnier, Harman, Kehoe,
Pavley, Simitian
NO VOTE RECORDED: Oropeza
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 74-0, 5/6/10 - See last page for vote
SUBJECT : Building standards: Department of Public
Health
SOURCE : Department of Public Health
DIGEST : This bill transfers responsibility for adopting
regulations related to building standards for health
facilities from the Department of Public Health to the
California Building Standards Commission, as specified.
ANALYSIS : The California Building Standards Law
establishes the California Building Standards Commission
(CBSC) 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 CBSC to adopt as appropriate. For example, the
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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, CBSC 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 CBSC 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 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 transfers responsibility for adopting regulations
related to building standards for health facilities from
DPH to CBSC, except CBSC may not adopt any regulation
without the concurrence of DPH.
Comments
Purpose of the bill . According to DPH, until recently the
CBSC processed DPH-related building standards under its
general process, fulfilling all APA responsibilities and
adopting the standards on DPH's behalf. Then the CBSC
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 CBSC for approval only.
Because DPH does not routinely develop building standards,
this creates inefficiencies, additional costs, and delays.
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Transferring the APA and adoption responsibilities for
these building standards to the CBSC will lead to a more
efficient process.
DPH still develops the standards . Although this bill makes
the CBSC responsible for adopting building standards within
DPH's jurisdiction, DPH will still develop the standards
and propose them to the CBSC, 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/3/10)
Department of Public Health (source)
California Building Standards Commission
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Charles
Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De
Leon, DeVore, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,
Garrick, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Jones, Knight, Lieu, Logue,
Bonnie Lowenthal, Ma, Miller, Monning, Nava, Nestande,
Niello, Nielsen, Norby, V. Manuel Perez, Portantino,
Ruskin, Salas, Saldana, Silva, Skinner, Smyth, Solorio,
Audra Strickland, Swanson, Torlakson, Torres, Torrico,
Tran, Villines, Yamada, John A. Perez
NO VOTE RECORDED: Bass, Block, De La Torre, Gilmore,
Mendoza, Vacancy
JJA:mw 8/4/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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