BILL ANALYSIS
SENATE LOCAL GOVERNMENT COMMITTEE
Senator Dave Cox, Chair
BILL NO: AB 2133 HEARING: 6/30/10
AUTHOR: Niello FISCAL: Yes
VERSION: 5/13/10 CONSULTANT: Detwiler
ALQUIST-PRIOLO EARTHQUAKE FAULT ZONING ACT
Background and Existing Law
Passed after the 1971 San Fernando Earthquake destroyed two
hospitals, the Alquist-Priolo Earthquake Fault Zoning Act
prevents building on top of active faults. The State
Geologist publishes maps which are the basis for
development regulations within the Earthquake Fault Zones.
The Alquist-Priolo Act does not apply to five types of
projects:
Condominium conversions.
Structures built before May 4, 1975, unless the
alterations or additions are more than 50% of a
structure's value.
Alterations or additions where the value is less
than 50% of a structure's value.
Structures damaged by the 1991 Berkeley-Oakland
Hills fire that get state waivers.
Alterations that include seismic retrofitting on
four types of structures built before May 4, 1975.
In 2009, the Legislature added a fourth type of structure
to the fifth category: structures owned and operated by
state entities or agencies that are on the California
Register of Historical Resources or the National Register
of Historic Places, including the California Memorial
Stadium. That exemption doesn't apply unless a state
entity or agency submits a plan of proposed alterations to
the State Geologist (SB 113, Senate Local Government
Committee, 2009).
The University of California sponsored last year's
amendment to the Alquist-Priolo Act. The Hayward Fault
passes directly under the California Memorial Stadium on
the University of California, Berkeley campus. Originally
built in 1923 and now on the National Register of Historic
Places, the stadium seats over 72,000 people. After a 1998
seismic study gave the stadium a "poor" rating, campus
AB 2133 -- 5/13/10 -- Page 2
officials started planning seismic and disabled access
improvements.
Concerns over the 2009 amendment caused Governor
Schwarzenegger to issue a statement when he signed SB 113.
The Governor's signing statement said that the proponents
would introduce a bill to satisfy the concerns of the
Governor's Office of Planning and Research, the Department
of Conservation, and the Seismic Safety Commission.
Proposed Law
Assembly Bill 2133 deletes the exemption from the
Alquist-Priolo Earthquake Fault Zoning Act for structures
owned and operated by state entities or agencies that are
on the California Register of Historical Resources or the
National Register of Historic Places, including the
California Memorial Stadium.
AB 2133 declares that the Alquist-Priolo Act does not apply
to the California Memorial Stadium located on the
University of California, Berkeley campus. The bill
declares that the stadium requires seismic retrofitting
needed to strengthen structures and provide increased
resistance to ground shaking from an earthquake. AB 2133
further declares that it doesn't conflict with the intent
or applicability of the Alquist-Priolo Act.
Comments
1. Administration's concerns resolved . The Senate Local
Government Committee's annual omnibus bill is supposed to
be the product of widespread consensus, combining several
minor and noncontroversial items into a single measure. It
wasn't until last year's SB 113 reached the Governor that
the Committee found out that some state officials were
concerned about the University of California's request to
add state-owned historical buildings to the list of
Alquist-Priolo Act exemptions. Governor Schwarzenegger's
signing statement pointed the way to AB 2133. The bill
repeals the language added by last year's omnibus bill and
instead specifically declares that the Alquist-Priolo Act
doesn't apply to the California Memorial Stadium. This
language resolves the Schwarzenegger Administration's
concerns.
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2. Others' concerns remain . In addition to the state
officials who were concerned with last year's request by UC
to amend the Alquist-Priolo Act, some Berkeley residents
objected to the language added by SB 113. Acknowledging
that is crucial to retrofit the stadium for seismic safety,
some residents recommend that UC proceed with a scaled down
version of the stadium project. However, they worry that
there will be more use of the retrofitted stadium,
increasing public exposure to risk. The Committee may wish
to consider whether the Legislature should amend AB 2133 to
prohibit an increase in the stadium's use or occupancy.
Assembly Actions
Assembly Local Government Committee: 8-0
Assembly Appropriations Committee:16-0
Assembly Floor: 69-1
Support and Opposition (6/24/10)
Support : University of California.
Opposition : Coalition for a Responsible Stadium,
Dwight-Hillside Neighborhood Association, Save Strawberry
Canyon, Shirley Dean.