BILL NUMBER: SB 1394 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 26, 2012
INTRODUCED BY Senator Lowenthal
FEBRUARY 24, 2012
An act to amend Section 57007 17926
of the Health and Safety Code, relating to environmental
protection car bon monoxide devices .
LEGISLATIVE COUNSEL'S DIGEST
SB 1394, as amended, Lowenthal. Environmental protection:
reports. Carbon monoxide devices.
Existing law requires an owner of a dwelling unit intended for
human occupancy to install a carbon monoxide device in each existing
dwelling, as specified. Existing law requires the installation of
carbon monoxide devices in each existing single-family dwelling unit
by July 1, 2011, and all other dwelling units by January 1, 2013. The
State Housing Law creates standards for buildings used for human
habitation. A violation of that law is a crime. Existing law requires
an adopting agency or state agency that proposes new building
standards to submit those standards for review by the California
Building Standards Commission.
This bill would require the installation of carbon monoxide
devices in all existing hotel and motel dwelling units by January 1,
2016. The bill would require the Department of Housing and Community
Development to adopt building standards to implement those provisions
by July 1, 2014. Because the violation of a building standard is a
crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Existing law requires the California Environmental Protection
Agency, and its boards, departments, and offices, to prepare and
submit to the Governor and the Legislature various reports containing
specified information on the implementation and effectiveness of
certain programs, policies, and projects to ensure the protection of
natural resources in the state. Existing law requires the agency, and
each board, department, and office within the agency, to submit a
biennial report to the Governor and Legislature, no later than
December 1 with respect to the previous 2 fiscal years, reporting on
the extent to which these state agencies have attained their
performance objectives, and on their continuous quality improvement
efforts.
This bill would eliminate the requirement for the submission of
this biennial report to the Governor and the Legislature.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 17926 of the Health
and Safety Code is amended to read:
17926. (a) An owner of a dwelling unit intended for human
occupancy shall install a carbon monoxide device, approved and listed
by the State Fire Marshal pursuant to Section 13263, in each
existing dwelling unit having a fossil fuel burning heater or
appliance, fireplace, or an attached garage, within the earliest
applicable time period as follows:
(1) For all existing single-family dwelling units intended for
human occupancy on or before July 1, 2011.
(2) For all existing hotel and motel dwelling units intended for
human occupancy on or before January 1, 2016.
(2)
(3) For all other existing dwelling units
intended for human occupancy on or before January 1, 2013.
(b) With respect to the number and placement of carbon monoxide
devices, an owner shall install the devices in a manner consistent
with building standards applicable to new construction for the
relevant type of occupancy or with the manufacturer's instructions,
if it is technically feasible to do so.
(c) (1) Notwithstanding Section 17995, and except as provided in
paragraph (2), a violation of this section is an infraction
punishable by a maximum fine of two hundred dollars ($200) for each
offense.
(2) Notwithstanding paragraph (1), a property owner shall receive
a 30-day notice to correct. If an owner receiving notice fails to
correct within that time period, the owner may be assessed the fine
pursuant to paragraph (2).
(d) No transfer of title shall be invalidated on the basis of a
failure to comply with this section, and the exclusive remedy for the
failure to comply with this section is an award of actual damages
not to exceed one hundred dollars ($100), exclusive of any court
costs and attorney's fees. This subdivision is not intended to affect
any duties, rights, or remedies otherwise available at law.
(e) A local ordinance requiring carbon monoxide devices may be
enacted or amended if the ordinance is consistent with this chapter.
(f) On or before July 1, 2014, the department shall submit for
adoption and approval pursuant to Chapter 4 (commencing with Section
18935) of Part 2.5, building standards for the installation of carbon
monoxide detectors in hotel and motel dwelling units intended for
human occupancy. In developing these standards, the department shall
do both of the following:
(1) Convene and consult a stakeholder group that includes members
with expertise in multifamily dwellings, lodging, maintenance, and
construction.
(2) Review and consider the most current national codes and
standards available related to the installation of carbon monoxide
detection.
(g) For purposes of this section and Section 17926.1, "dwelling
unit intended for human occupancy" has the same meaning as that term
is defined in Section 13262.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. Section 57007 of the Health and
Safety Code is amended to read:
57007. (a) The agency, and the offices, boards, and departments
within the agency, shall institute quality government programs to
achieve increased levels of environmental protection and the public's
satisfaction through improving the quality, efficiency, and
cost-effectiveness of the state programs that implement and enforce
state and federal environmental protection statutes. These programs
shall be designed to increase the level of environmental protection
while expediting decisionmaking and producing cost savings. The
secretary shall create an advisory group comprised of state and local
government, business, environmental, and consumer representatives
experienced in quality management to provide guidance in that effort.
The secretary shall develop a model quality management program that
local agencies charged with implementing air quality, water quality,
toxics, solid waste, and hazardous waste laws and regulations may use
at their discretion.
(b) Nothing in this section abrogates any collective bargaining
agreement or interferes with any established employee rights.
(c) For purposes of this section, "quality government program"
means all of the following:
(1) A process for obtaining the views of employees, the regulated
community, the public, environmental organizations, and governmental
officials with regard to the performance, vision, and needs of the
agency implementing the quality government program.
(2) A process for developing measurable performance objectiveness
using the views of the persons and organizations specified in
paragraph (1).
(3) Processes for continually improving quality and for training
agency personnel, using the information obtained from implementing
paragraphs (1) and (2).