BILL ANALYSIS
AB 2133
Page 1
Date of Hearing: April 21, 2010
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Cameron Smyth, Chair
AB 2133 (Niello) - As Introduced: February 18, 2010
SUBJECT : Geologic hazards: earthquake fault zoning.
SUMMARY : Limits an exemption from the Alquist-Priolo Earthquake
Fault Zoning Act to any structure owned and operated by the
University of California and located on the Berkeley campus, and
provides for specified conditions to be met before the exemption
can be applied. Specifically, this bill :
1)Exempts from the Alquist-Priolo Earthquake Fault Zoning Act
any structure owned and operated by the University of
California and located on the Berkeley campus that is listed
on the California Register of Historical Resources or the
National Register of Historic Places, including the California
Memorial Stadium.
2)Provides that this exemption applies to alterations to a
structure, if both of the following occur:
a) The building permit for the structure authorizes no
greater human occupancy load, regardless of the proposed
use, than that authorized on January 1, 2010; and,
b) The university requires seismic retrofitting (as defined
in Chapter 13.5. of the Government Code-Buildings with
Concrete or Reinforced Masonry Column or Wall
Construction), which is necessary to strengthen the entire
structure and provide increased resistance to ground
shaking from earthquakes.
EXISTING LAW :
1)Allows for the following exemptions from the Alquist-Priolo
Earthquake Fault Zoning Act:
a) The conversion of an existing apartment complex into a
condominium;
b) Any development or structure in existence prior to May
4, 1975, except for an alteration or addition to a
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structure that exceeds the value limit specified in (c)
below;
c) An alteration or addition to any structure if the value
of the alteration or addition does not exceed 50% of the
value of the structure;
d) Any structure located within the jurisdiction of the
City of Berkeley or the City of Oakland, which was damaged
by fire between October 20,1991, and October 23, 1991,
if granted an exemption; and,
e) Alterations, which include seismic retrofitting (as
defined in Chapter 13.5 of the Government Code-Buildings
with Concrete or Reinforced Masonry Column or Wall
Construction), to any of the following buildings in
existence prior to May 4, 1975:
i) Unreinforced masonry buildings;
ii) Concrete tilt-up buildings;
iii) Reinforced concrete moment resisting frame buildings
as described in Applied Technology Council Report 21;
and,
iv) Any structure owned and operated by a state entity
or agency that is listed on the California Register of
Historical Resources or the National Register of Historic
Places, including the California Memorial Stadium.
f) Provides, for any structure owned and operated by a
state entity or agency that is listed on the California
Register of Historical Resources or the National Register
of Historic Places that the exemption shall not apply
unless the state entity or agency submits a plan of
proposed alterations to the State Geologist.
FISCAL EFFECT : Unknown
COMMENTS :
1)After the 1971 San Fernando Earthquake destroyed two
hospitals, the Legislature passed the Alquist-Priolo
Earthquake Fault Zoning Act (Act) to prevent building on top
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of active faults. The State Geologist publishes maps which
are the basis for development regulations within the
Earthquake Fault Zones. Before cities and counties can
approve a project within an Earthquake Fault Zone, they must
require a geologic report. Qualified historic buildings
within earthquake fault zones can be exempt from the Act's
requirements, and instead, retrofitted under the State
Historical Building Code, provided that those buildings get
the local approvals required by one of the five exemptions
listed in current law. The Act exempts five types of projects
including: 1) condominium conversions; 2) structures built
before May 4, 1975, unless the alterations or additions are
more than 50% of a structure's value; 3) alterations or
additions where the value is less than 50% of a structure's
values;
4) structures damaged by the 1991 Berkeley-Oakland Hills fire
that get receive state waivers; and, 5) alterations that
include seismic retrofitting on three specified types of
structures built before May 4, 1975, under specified
conditions.
2)In 2009, the University of California (UC) sponsored changes
to the Act which were contained in the Senate Local Government
Committee's annual omnibus bill, SB 113, Chapter 332, Statutes
of 2009. UC officials believed that there was an ambiguity in
how the Act was applied to retrofitting the California
Memorial Stadium on the University of California-Berkeley
campus, which was originally built in 1923 and on the National
Register of Historic Places.
3)SB 113 exempted from the Act alterations to structures owned
and operated by state entities and agencies that are listed on
the California Register of Historical Resources or the
National Register of Historic Places, including the California
Memorial Stadium. Late concerns over the broad exemption
language, specific to the use of the phrase "state entities
and agencies" caused Governor Schwarzenegger to request a
legislative fix in his signing message for
SB 113. The Governor wrote that "the proponents have committed
to send a letter?stating
that UC Berkeley will seismically retrofit the California
Memorial Stadium as required by current law and applicable
regulations." Additionally, the Governor's signing letter
said that the proponents "would further commit to introduce a
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bill in January, with urgency, that will satisfy the concerns
of the Governor's Office of Planning and Research, the
Department of Conservation, and the Seismic Safety Committee."
4)AB 2133 rectifies the problematic language that was contained
in SB 113 by revising and narrowing a section of the Act to
make it explicit that the exemption would be for any structure
owned and operated by the University of California and located
on the Berkeley campus, provided that specified conditions are
met.
5)Support Arguments : This bill narrows an exemption put into
law last year and additionally provides specific conditions
that must be met before the exemption is used, pursuant to
Governor Schwarzenegger's request when he signed SB 113.
Opposition Arguments : One could ask why the conditions at the
California Memorial Stadium are any different than other
historic locations and require a special exemption?
REGISTERED SUPPORT / OPPOSITION :
Support
University of California [SPONSOR]
Opposition
None on file
Analysis Prepared by : Debbie Michel / L. GOV. / (916)
319-3958