Bill Text: CA AB341 | 2013-2014 | Regular Session | Amended

California Assembly Bill 341 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Green building standards.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2013-10-05 - Chaptered by Secretary of State - Chapter 585, Statutes of 2013. [AB341 Detail]

Download: California-2013-AB341-Amended.html

BILL NUMBER: AB 341	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 19, 2013

INTRODUCED BY   Assembly Members Dickinson and Gordon

                        FEBRUARY 13, 2013

   An act to amend  Section   Sections 18930,
 18930.5  , 18931.6, and 18931.7  of  , and to add
Sections 18930.6 and 18940.5 to,  the Health and Safety Code,
relating to green building standards.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 341, as amended, Dickinson. Green building standards.
   Existing law requires the California Building Standards Commission
to codify all building standards of adopting agencies or state
agencies that propose the building standards and statutes defining
building standards into one California Building Standards Code.
Existing law provides that if no state agency has the authority or
expertise to propose green building standards applicable to a
particular occupancy, the commission shall adopt, approve, codify,
update, and publish green building standards for those occupancies.
   This bill would require the commission to  encourage and 
solicit recommendations for code updates relating to green building
standards from state agencies with the authority and expertise to
propose green building standards applicable to a particular
occupancy. The bill would require these agencies to submit
recommended code updates for the next 2 California Building Standards
Code adoptions and to indicate whether the recommended code updates
are intended to be voluntary or mandatory green building standards.
The bill would require the commission to compile the recommendations
by adoption cycle and by whether the recommendations are for
voluntary or mandatory green building standards.  The bill would
also require the commission to perform an analysis of existing green
building standards before adopting, approving, codifying, updating,
and publishing green building sta   ndards.  
   The bill would require the commission to define the intent,
criteria, and schedule for establishing green building standards and
transitioning voluntary standards into mandatory, codified standards.
 
   Existing law authorizes a city, county, or a city and county to
collect a fee from an applicant for a building permit assessed at the
rate of $4 per $100,000 in valuation, as specified.  
   This bill would change the rate at which this fee is assessed to
an unspecified amount. 
   Existing law provides that codification of building standards
approved by the commission shall be incorporated into the code and
shall not be incorporated into other individual titles of state
agencies in the California Code of Regulations.  
   This bill would require the commission, during the 2016 code
adoption cycle, to codify the green building standards. The bill
would also authorize the commission to publish a guide to the green
building standards as an appendix to the code. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 18930 of the   Health
and Safety Code   is amended to read: 
   18930.  (a)  Any building standard adopted or proposed by state
agencies shall be submitted to, and approved or adopted by, the
California Building Standards Commission prior to codification. Prior
to submission to the commission, building standards shall be adopted
in compliance with the procedures specified in Article 5 (commencing
with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title
2 of the Government Code. Building standards adopted by state
agencies and submitted to the commission for approval shall be
accompanied by an analysis written by the adopting agency or state
agency that proposes the building standards which shall, to the
satisfaction of the commission, justify the approval thereof in terms
of the following criteria:
   (1)  The proposed building standards do not conflict with,
overlap, or duplicate other building standards.
   (2)  The proposed building standard is within the parameters
established by enabling legislation and is not expressly within the
exclusive jurisdiction of another agency.
   (3)  The public interest  in safer, healthier, and more
resource eff   icient buildings  requires the adoption
of the building standards.
   (4)  The proposed building standard is not unreasonable,
arbitrary, unfair, or capricious, in whole or in part.
   (5)  The cost to the public is reasonable, based on the overall
benefit to be derived from the building standards.
   (6)  The proposed building standard is not unnecessarily ambiguous
or vague, in whole or in part.
   (7)  The applicable national specifications, published standards,
and model codes have been incorporated therein as provided in this
part, where appropriate.
   (A)  If a national specification, published standard, or model
code does not adequately address the goals of the state agency, a
statement defining the inadequacy shall accompany the proposed
building standard when submitted to the commission.
   (B)  If there is no national specification, published standard, or
model code that is relevant to the proposed building standard, the
state agency shall prepare a statement informing the commission and
submit that statement with the proposed building standard.
   (8)  The format of the proposed building standards is consistent
with that adopted by the commission.
   (9)  The proposed building standard, if it promotes fire and panic
safety, as determined by the State Fire Marshal, has the written
approval of the State Fire Marshal.
   (b)  In reviewing building standards submitted for its approval,
the commission shall consider only the record of the proceedings of
the adopting agency, except as provided in subdivision (b) of Section
11359 of the Government Code.
   (c)  Where the commission is the adopting agency, it shall
consider the record submitted to, and considered by, the state agency
that proposes the building standards and the record of public
comment that results from the commission's adoption of proposed
regulations.
   (d)  (1)  The commission shall give great weight to the
determinations and analysis of the adopting agency or state agency
that proposes the building standards on each of the criteria for
approval set forth in subdivision (a). Any factual determinations of
the adopting agency or state agency that proposes the building
standards shall be considered conclusive by the commission unless the
commission specifically finds, and sets forth its reasoning in
writing, that the factual determination is arbitrary and capricious
or substantially unsupported by the evidence considered by the
adopting agency or state agency that proposes the building standards.

   (2)  Whenever the commission makes a finding, as described in this
subdivision, it shall return the standard to the adopting agency or
state agency that proposes the building standards for a reexamination
of its original determination of the disputed fact.
   (e)  Whenever a building standard is principally intended to
protect the public health and safety, its adoption shall not be a
"factual determination" for purposes of subdivision (d). Whenever a
building standard is principally intended to conserve energy or other
natural resources, the commission shall consider or review the cost
to the public or benefit to be derived as a "factual determination"
pursuant to subdivision (d). Whenever a building standard promotes
fire and panic safety, each agency shall, unless adopted by the State
Fire Marshal, submit the building standard to the State Fire Marshal
for prior approval.
   (f)  Whenever the commission finds, pursuant to paragraph (2) of
subdivision (a), that a building standard is adopted by an adopting
agency pursuant to statutes requiring adoption of the building
standard, the commission shall not consider or review whether the
adoption is in the public interest pursuant to paragraph (3) of
subdivision (a).
   SECTION 1.   SEC. 2.   Section 18930.5
of the Health and Safety Code is amended to read:
   18930.5.  (a) The commission shall  encourage and 
solicit recommendations for code updates relating to green building
standards from state agencies with the authority and expertise to
propose green building standards applicable to a particular
occupancy. These agencies shall submit recommended code updates for
the next two California Building Standards Code adoptions. The
agencies shall indicate whether the recommended code updates are
intended to be voluntary or mandatory green building standards. The
commission shall compile the recommendations by adoption cycle and by
whether the recommendations are for voluntary or mandatory green
building standards.
   (b) If no state agency has the authority or expertise to propose
green building standards applicable to a particular occupancy, the
commission shall  , after performing an analysis of existing
green building standards with state environmental, public health, and
safety goals,  adopt, approve, codify, update, and publish
green building standards for those occupancies.
   SEC. 3.    Section 18930.6 is added to the  
Health and Safety Code   , to read:  
   18930.6.  Prior to adoption, the commission shall define the
intent, criteria, and schedule for establishing voluntary green
building standards and for transitioning voluntary standards into
mandatory, codified standards. 
   SEC. 4.    Section 18931.6 of the   Health
and Safety Code   is amended to read: 
   18931.6.  (a) Each city, county, or city and county shall collect
a fee from any applicant for a building permit, assessed at the rate
of  four dollars ($4)   ____ ($____)  per
one hundred thousand dollars ($100,000) in valuation, as determined
by the local building official, with appropriate fractions thereof,
but not less than one dollar ($1).
   (b) The city, county, or city and county may retain not more than
10 percent of the fees collected under this section for related
administrative costs and for code enforcement education, including,
but not limited to, certifications in the voluntary construction
inspector certification program, and shall transmit the remainder to
the commission for deposit in the Building Standards Administration
Special Revolving Fund established under Section 19831.7.
   (c) The commission may reduce the rate of the fee upon determining
that a lesser amount is sufficient to maintain the programs
established under this part.
   SEC. 5.    Section 18931.7 of the   Health
and Safety Code   is amended to read: 
   18931.7.  (a) All funds received by the commission under this part
shall be deposited in the Building Standards Administration Special
Revolving Fund, which is hereby established in the State Treasury.
   (b) Moneys deposited in the fund shall be available, upon
appropriation, to the commission, the department, and the Office of
the State Fire Marshal for expenditure in carrying out the provisions
of this part, and the provisions of Part 1.5 (commencing with
Section 17910) that relate to building standards, as defined in
Section 18909, with emphasis placed on the  analysis performed
pursuant to subdivision (b) of Section 18930.5,  development,
adoption, publication, updating,  verification protocols,
and educational efforts associated with green building standards.
   SEC. 6.   Section 18940.5 is ad   ded to the
  Health and Safety Code   , to read:  
   18940.5.  During the 2016 code adoption cycle, the commission
shall codify all provisions of the green building standards. The
commission may publish a guide to the green building standards as an
appendix to the code.