Bill Text: CA AB2597 | 2021-2022 | Regular Session | Amended
Bill Title: Dwelling unit standards: safe indoor air temperatures.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Engrossed - Dead) 2022-06-21 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2597 Detail]
Download: California-2021-AB2597-Amended.html
|
Amended
IN
Assembly
May 19, 2022 |
|
Amended
IN
Assembly
May 02, 2022 |
| Introduced by Assembly Member Bloom (Principal coauthor: Assembly Member Eduardo Garcia) (Coauthor: Assembly Member Robert Rivas) (Coauthors: Senators Durazo, Hertzberg, and Stern) |
February 18, 2022 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law requires that any building with a dwelling unit maintain certain characteristics in order to be tenantable, including the maintenance of adequate heating that conforms to the standard of quality set by applicable law.
Commencing January 1, 2026, this bill would require that any building with a dwelling unit also maintain adequate cooling, as specified.
The State Housing Law, which is administered by the Department of Housing and
Community Development, prescribes standards for buildings used for human habitation and establishes definitions for this purpose. The law provides that a building, or a portion of it, in which certain conditions are found to exist, such as lack of heating, is substandard. The law provides that a violation of these provisions is a misdemeanor.
Commencing January 1, 2026, this bill would add that lack of cooling is a substandard condition. By expanding the definition of a crime, this 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
(a)A dwelling shall be deemed untenantable for purposes of Section 1941 if it substantially lacks any of the following affirmative standard characteristics or is a residential unit described in Section 17920.3 or 17920.10 of the Health and Safety Code:
(1)Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.
(2)Plumbing or gas facilities that conformed to applicable law in effect at the time of installation, maintained in good working order.
(3)A water supply approved under applicable law that is under the control of the tenant, capable of producing hot and cold running
water, or a system that is under the control of the landlord, that produces hot and cold running water, furnished to appropriate fixtures, and connected to a sewage disposal system approved under applicable law.
(4)Heating facilities that conformed with applicable law at the time of installation, maintained in good working order.
(5)Electrical lighting, with wiring and electrical equipment that conformed with applicable law at the time of installation, maintained in good working order.
(6)Building, grounds, and appurtenances at the time of the commencement of the lease or rental agreement, and all areas under control of the landlord, kept in every part clean, sanitary, and free from all accumulations of debris, filth, rubbish, garbage, rodents, and vermin.
(7)An adequate number of appropriate receptacles for garbage and rubbish, in clean condition and good repair at the time of the commencement of the lease or rental agreement, with the landlord providing appropriate serviceable receptacles thereafter and being responsible for the clean condition and good repair of the receptacles under their control.
(8)Floors, stairways, and railings maintained in good repair.
(9)A locking mail receptacle for each residential unit in a residential hotel, as required by Section 17958.3 of the Health and Safety Code. This subdivision shall become operative on July 1, 2008.
(b)Nothing in this section shall be interpreted to prohibit a tenant or owner of rental properties from qualifying for a utility energy savings assistance program, or any other program assistance, for heating or hot water system repairs or replacement, or a combination of heating and hot water system repairs or replacements, that would achieve energy savings.
(c)This section shall remain in effect only until December 31, 2025, and as of that date is repealed.
(a)A dwelling shall be deemed untenantable for purposes of Section 1941 if it substantially lacks any of the following affirmative standard characteristics or is a residential unit described in Section 17920.3 or 17920.10 of the Health and Safety Code:
(1)Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.
(2)Plumbing or gas facilities that conformed to applicable law in effect at the time of installation, maintained in good working order.
(3)A water supply approved under applicable law that is under the
control of the tenant, capable of producing hot and cold running
water, or a system that is under the control of the landlord, that produces hot and cold running water, furnished to appropriate fixtures, and connected to a sewage disposal system approved under applicable law.
(4)Heating and cooling facilities that conformed with applicable law at the time of installation, maintained in good working order.
(5)Electrical lighting, with wiring and electrical equipment that conformed with applicable law at the time of installation, maintained in good working order.
(6)Building, grounds, and appurtenances at the time of the commencement of the lease or rental agreement, and all areas under control of the landlord, kept in every part clean, sanitary, and free from all
accumulations of debris, filth, rubbish, garbage, rodents, and vermin.
(7)An adequate number of appropriate receptacles for garbage and rubbish, in clean condition and good repair at the time of the commencement of the lease or rental agreement, with the landlord providing appropriate serviceable receptacles thereafter and being responsible for the clean condition and good repair of the receptacles under their control.
(8)Floors, stairways, and railings maintained in good repair.
(9)A locking mail receptacle for each residential unit in a residential hotel, as required by Section 17958.3 of the Health and Safety Code. This subdivision shall become operative on July 1, 2008.
(b)Nothing in this section shall be interpreted to prohibit a tenant or owner of rental properties from qualifying for a utility energy savings assistance program, or any other program assistance, for heating or hot water system repairs or replacement, or a combination of heating and hot water system repairs or replacements, that would achieve energy savings.
(c)This section shall become operative January 1, 2026.
Any building or portion thereof including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building:
(a)Inadequate sanitation shall include, but not be limited to, the following:
(1)Lack of, or improper water closet, lavatory, or bathtub or shower in a dwelling unit.
(2)Lack of, or improper water closets, lavatories, and bathtubs or showers per number of guests in a
hotel.
(3)Lack of, or improper kitchen sink.
(4)Lack of hot and cold running water to plumbing fixtures in a hotel.
(5)Lack of hot and cold running water to plumbing fixtures in a dwelling unit.
(6)Lack of adequate heating.
(7)Lack of, or improper operation of required ventilating equipment.
(8)Lack of minimum amounts of natural light and ventilation required by this code.
(9)Room and space dimensions less than required by this code.
(10)Lack of required electrical lighting.
(11)Dampness of habitable rooms.
(12)Infestation of insects, vermin, or rodents as determined by a health officer or, if an agreement does not exist with an agency that has a health officer, the infestation can be determined by a code enforcement officer, as defined in Section 829.5 of the Penal Code, upon successful completion of a course of study in the appropriate subject matter as determined by the local jurisdiction.
(13)Visible mold growth, as determined by a health officer or a code enforcement officer, as defined in Section 829.5 of the Penal Code, excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their properly functioning and intended use.
(14)General dilapidation or improper
maintenance.
(15)Lack of connection to required sewage disposal system.
(16)Lack of adequate garbage and rubbish storage and removal facilities, as determined by a health officer or, if an agreement does not exist with an agency that has a health officer, the lack of adequate garbage and rubbish removal facilities can be determined by a code enforcement officer as defined in Section 829.5 of the Penal Code.
(b)Structural hazards shall include, but not be limited to, the following:
(1)Deteriorated or inadequate foundations.
(2)Defective or deteriorated flooring or floor supports.
(3)Flooring or floor supports of
insufficient size to carry imposed loads with safety.
(4)Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration.
(5)Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety.
(6)Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split, or buckle due to defective material or deterioration.
(7)Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety.
(8)Fireplaces or chimneys which list, bulge, or settle due to
defective material or deterioration.
(9)Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety.
(c)Any nuisance.
(d)All wiring, except that which conformed with all applicable laws in effect at the time of installation if it is currently in good and safe condition and working properly.
(e)All plumbing, except plumbing that conformed with all applicable laws in effect at the time of installation and has been maintained in good condition, or that may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly, and that is free of cross connections and siphonage between fixtures.
(f)All mechanical equipment, including vents, except equipment that conformed with all applicable laws in effect at the time of installation and that has been maintained in good and safe condition, or that may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly.
(g)Faulty weather protection, which shall include, but not be limited to, the following:
(1)Deteriorated, crumbling, or loose plaster.
(2)Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows or doors.
(3)Defective or lack of weather protection for exterior wall coverings,
including lack of paint, or weathering due to lack of paint or other approved protective covering.
(4)Broken, rotted, split, or buckled exterior wall coverings or roof coverings.
(h)Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation that, in the opinion of the chief of the fire department or their deputy, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause.
(i)All materials of construction, except those that are specifically allowed or approved by this code, and that have
been adequately maintained in good and safe condition.
(j)Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rodent harborages, stagnant water, combustible materials, and similar materials or conditions constitute fire, health, or safety hazards.
(k)Any building or portion thereof that is determined to be an unsafe building due to inadequate maintenance, in accordance with the latest edition of the Uniform Building Code.
(l)All buildings or portions thereof not provided with adequate exit facilities as required by this code, except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and that have been adequately maintained and increased in relation to any increase in
occupant load, alteration or addition, or any change in occupancy.
When an unsafe condition exists through lack of, or improper location of, exits, additional exits may be required to be installed.
(m)All buildings or portions thereof that are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by this code, except those buildings or portions thereof that conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.
(n)All buildings or portions thereof occupied for living, sleeping, cooking, or dining purposes that were not designed or intended to be used for
those occupancies.
(o)Inadequate structural resistance to horizontal forces.
“Substandard building” includes a building not in compliance with Section 13143.2.
However, a condition that would require displacement of sound walls or ceilings to meet height, length, or width requirements for ceilings, rooms, and dwelling units shall not by itself be considered sufficient existence of dangerous conditions making a building a substandard building, unless the building was constructed, altered, or converted in violation of those requirements in effect at the time of construction, alteration, or conversion.
(p)This section shall remain in effect only until December 31, 2025, and as of that date is
repealed.
Any building or portion thereof including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building:
(a)Inadequate sanitation shall include, but not be limited to, the following:
(1)Lack of, or improper water closet, lavatory, or bathtub or shower in a dwelling unit.
(2)Lack of, or
improper water closets, lavatories, and bathtubs or showers per number of guests in a hotel.
(3)Lack of, or improper kitchen sink.
(4)Lack of hot and cold running water to plumbing fixtures in a hotel.
(5)Lack of hot and cold running water to plumbing fixtures in a dwelling unit.
(6)Lack of adequate heating and cooling.
(7)Lack of, or improper operation of required ventilating equipment.
(8)Lack of minimum amounts of natural light and ventilation required by this code.
(9)Room and space dimensions less than required by this code.
(10)Lack of required electrical lighting.
(11)Dampness of habitable rooms.
(12)Infestation of insects, vermin, or rodents as determined by a health officer or, if an agreement does not exist with an agency that has a health officer, the infestation can be determined by a code enforcement officer, as defined in Section 829.5 of the Penal Code, upon successful completion of a course of study in the appropriate subject matter as determined by the local jurisdiction.
(13)Visible mold growth, as determined by a health officer or a code enforcement officer, as defined in Section 829.5 of the Penal
Code, excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their properly functioning and intended use.
(14)General dilapidation or improper maintenance.
(15)Lack of connection to required sewage disposal system.
(16)Lack of adequate garbage and rubbish storage and removal facilities, as determined by a health officer or, if an agreement does not exist with an agency that has a health officer, the lack of adequate garbage and rubbish removal facilities can be determined by a code enforcement officer as defined in Section 829.5 of the Penal Code.
(b)Structural hazards shall include, but not be limited to, the following:
(1)Deteriorated or inadequate foundations.
(2)Defective or deteriorated flooring or floor supports.
(3)Flooring or floor supports of insufficient size to carry imposed loads with safety.
(4)Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration.
(5)Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety.
(6)Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag,
split, or buckle due to defective material or deterioration.
(7)Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety.
(8)Fireplaces or chimneys which list, bulge, or settle due to defective material or deterioration.
(9)Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety.
(c)Any nuisance.
(d)All wiring, except that which conformed with all applicable laws in effect at the time of installation if it is currently in good and safe condition and working
properly.
(e)All plumbing, except plumbing that conformed with all applicable laws in effect at the time of installation and has been maintained in good condition, or that may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly, and that is free of cross connections and siphonage between fixtures.
(f)All mechanical equipment, including vents, except equipment that conformed with all applicable laws in effect at the time of installation and that has been maintained in good and safe condition, or that may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly.
(g)Faulty weather protection, which shall include, but not be limited to, the following:
(1)Deteriorated, crumbling, or loose plaster.
(2)Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows or doors.
(3)Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering.
(4)Broken, rotted, split, or buckled exterior wall coverings or roof coverings.
(h)Any building or portion thereof, device, apparatus, equipment,
combustible waste, or vegetation that, in the opinion of the chief of the fire department or their deputy, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause.
(i)All materials of construction, except those that are specifically allowed or approved by this code, and that have been adequately maintained in good and safe condition.
(j)Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rodent harborages, stagnant water, combustible materials, and similar materials or conditions constitute fire, health, or safety hazards.
(k)Any building or portion thereof
that is determined to be an unsafe building due to inadequate maintenance, in accordance with the latest edition of the Uniform Building Code.
(l)All buildings or portions thereof not provided with adequate exit facilities as required by this code, except those buildings or
portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and that have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy.
When an unsafe condition exists through lack of, or improper location of, exits, additional exits may be required to be installed.
(m)All buildings or portions thereof that are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by this code, except those buildings or portions thereof that conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in
relation to any increase in occupant load, alteration or addition, or any change in occupancy.
(n)All buildings or portions thereof occupied for living, sleeping, cooking, or dining purposes that were not designed or intended to be used for those occupancies.
(o)Inadequate structural resistance to horizontal forces.
“Substandard building” includes a building not in compliance with Section 13143.2.
However, a condition that would require displacement of sound walls or ceilings to meet height, length, or width requirements for ceilings, rooms, and dwelling units shall not by itself be considered sufficient existence of dangerous conditions making a building a substandard building, unless the building
was constructed, altered, or converted in violation of those requirements in effect at the time of construction, alteration, or conversion.
(p)This section shall become operative January 1, 2026.
SEC. 5.SECTION 1.
Section 18941.11 is added to the Health and Safety Code, to read:18941.11.
(a) The commission shall, commencing with the next triennial edition of the California Building Standards Code adopted after January 1, 2023, adopt, approve, codify, and publish mandatory building standards forSEC. 6.SEC. 2.
It is the intent of the Legislature to create statewide standards for adequate residential cooling that allow for a number of different approaches for achieving the goal of creating safe indoor air temperatures, including, but not limited to, improved insulation, air sealing, increased shade, cool roofs, fans, heat pumps, and, where necessary, air conditioning. It is the intent of the Legislature that the standards prioritize approaches that support the state’s clean energy, air quality, and greenhouse gas reduction goals where
these approaches can feasibly achieve the goal of a safe indoor air temperature.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.
