HomeMy WebLinkAboutAB 210 (Hayashi) - Building StandardsREQUEST:
CITY OF PALM DESERT
COMMUNITY SERVICES DEPARTMENT
STAFF REPORT
IP
CONSIDERATION OF LEGISLATIVE REVIEW COMMITTEE ACTION
ON AB 210 (HAYASHI) AT ITS MEETING OF FEBRUARY 24, 2009
DATE: March 12, 2009
CONTENTS: AB 210 Language
RECOMMENDATION:
By Minute Motion, concur with the action taken by the Legislative Review Committee at its
meeting of February 24, 2009, and direct staff to prepare a letter of support for the Mayor's
signature with regard to AB 210 (Hayashi) relative to building standards
BACKGROUND:
Existing law authorizes cities to make changes or modifications to the requirements contained in
the provisions published in the California Buildings & Standards Code or other specified
regulations. If passed, AB 210 would specify that cities are authorized to change or modify
requirements including, but not limited to, green building standards.
Because the City of Palm Desert is supportive of any technology that reduces carbon footprints
in the construction of commercial and residential properties, the Legislative Review Committee
recommends that the City Council support AB 210 and direct staff to prepare a letter stating that
positipi o appropriate legislators and committees for the Mayor's signature.
PATRICIA SCULLY, CFEE
SENIOR MANAGEMENT ANAST
SHEILA R. GILLt'G N
ACM/COMMUNITY SERVICE
,4/11
PAUL GIBSON
DIRECTOR OF FINANCE/CITY TREASURER
N M. WOHLMUTH
Y MANAGER
ITY COUNCIL ACTION
APPROVED
RECEIVED
DENIED
OTHER
MEETING DATE G9
AYES• ' e rn1 Rt(1F_(-1-y1
NOES: N ()at' -
ABSENT: F'I1I1SOA
ABSTAIN NP
VERIFIED BY. -1
Original on File with City Clerk's Office
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2009 CAA 210
AUTHOR: Hayashi
VERSION: Introduced
VERSION DATE: 02/02/2009
ASSEMBLY BILL No. 210
INTRODUCED BY Assembly Member Hayashi
FEBRUARY 2, 2009
An act to amend Sections 17958.5 and 18941.5 of the Health and Safety Code, relating to building
standards.
LEGISLATIVE COUNSEL'S DIGEST
AB 210, as introduced, Hayashi. Green building standards.
(1) The California Building Standards Law provides for the adoption of building standards by state
agencies by requiring all state agencies that adopt or propose adoption of any building standard to
submit the building standard to the California Building Standards Commission for approval and
adoption.
Existing law authorizes a city or county to make changes or modifications in the requirements
contained in the provisions published in the California Building Standards Code and other specified
regulations.
This bill would specify that the requirements and regulations that a city or county is authorized to
change or modify includes, but is not limited to, green building standards.
(2) Existing law requires that amendments, additions, and deletions to the California Building
Standards Code adopted by a city, county, or city and county pursuant to existing law, become effective
180 days after publication, or at a later date, as specified. Existing law provides that specified building
standards do not limit the authority of a city, county, or city and county to establish more restrictive
building standards.
This bill would provide that the adopted and established standards include, but are not limited to,
green building standards.
Vote: majority. Appropriation: no. Fiscal committee: no. State -mandated local program: no.
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THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 17958.5 of the Health and Safety Code is amended to read:
17958.5. Except as provided in Section 17922.6, in adopting the ordinances or regulations pursuant to
Section 17958, a city or county may make such those changes or modifications in the requirements
contained in the provisions published in the California Building Standards Code and the other
regulations adopted pursuant to Section 17922 , including, but not limited to. green building standards,
as it determines, pursuant to the provisions of Section 17958.7, are reasonably necessary because of
local climatic, geological, or topographical conditions.
For purposes of this section , a city and county may make reasonably necessary
modifications to the requirements, adopted pursuant to Section 17922, including, but not limited to,
green building standards, contained in the provisions of the code and regulations on the basis of local
conditions.
SEC. 2. Section 18941.5 of the Health and Safety Code is amended to read:
18941.5. (a) (1) Amendments, additions, and deletions to the California Building Standards Code
including, but not limited to, green building standards, adopted by a city, county, or city and county
pursuant to Section 18941.5 or pursuant to Section 17958.7, together with all applicable portions of the
California Building Standards Code, shall become effective 180 days after publication of the California
Building Standards Code by the commission, or at a later date after publication established by the
commission.
(2) The publication date established by the commission shall be no earlier than the date the California
Building Standards Code is available for purchase by the public.
(b) Neither the State Building Standards Law contained in this part, nor the application of building
standards contained in this section, shall limit the authority of a city, county, or city and county to
establish more restrictive building standards , including. but not limited to, green building standards,
reasonably necessary because of local climatic, geological, or topographical conditions. The governing
body shall make the finding required by Section 17958.7 and the other requirements imposed by Section
17958.7 shall apply to that finding. Nothing in this section shall limit the authority of fire protection
districts pursuant to subdivision (a) of Section 13869.7. Further, nothing in this section shall require
findings required by Section 17958.7 beyond those currently required for more restrictive building
standards related to housing.
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