BILL ANALYSIS
SENATE HOUSING & COMMUNITY DEVELOPMENT COMMITTEE
Senator Richard Alarc?n, Chairman
Bill No: AB 2259Hearing: June
19, 2000
Author: WigginsFiscal: Yes
Version: May 26,
2000Consultant: Mark Stivers
BUILDING REHABILITATION GUIDELINES
Background and Existing Law :
Existing law establishes the California Building Standards
Commission (Commission) and requires that all state
agencies submit proposed changes or additions to state
building standards to the Commission for approval. The
Commission may appoint appropriate advisory panels to
advise it. The Commission currently convenes five advisory
panels relating to: 1) plumbing, electrical, mechanical and
energy systems; 2) building, fire and other; 3) structural
design/lateral forces; 4) accessibility; and 5) health
facilities.
When an owner or developer changes to use of a
non-residential building, he or she is generally required
to bring the building up to current codes. The codes are
silent on this issue of upgrading when an owner or
developer substantially rehabilitates a non-residential
building without changing the use. In their discretion to
interpret and apply building codes, however, local
governments often require upgrading for any substantial
rehabilitation of a building. Whether explicitly required
or not, bringing a building up to all current codes can
often be a very expensive requirement that deters
developers from undertaking a rehabilitation project.
With respect to residential structures, the State Housing
Law generally exempts an existing home or multi-family
development from all regulations and standards adopted
after the housing was first constructed as long as the
housing meets basic health and safety standards. Upgrades
may only be required by a specific act of the Legislature.
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Page 2
Proposed Law :
Assembly Bill 2259 establishes a California Building
Rehabilitation Code Advisory Council ("Council") to advise
the advisory panels of the State Building Standards
Commission on the possible adoption of state building
rehabilitation guidelines. Specifically, this bill:
Establishes the Council with an unspecified number of
members, all appointed by the director of the Commission.
Members shall include, but not be limited to
representatives from the following organizations:
? California Building Standards Commission;
? Department of Housing and Community Development;
? Division of the State Architect;
? Office of the State Fire Marshal;
? California Energy Commission;
? League of California Cities;
? California State Association of Counties;
? California Building Industry Association;
? Building Owners and Managers Association;
? County Building Officials Association of California;
? California Building Officials;
? American Institute of Architects California Council;
? California Apartment Association;
? Structural Engineers Association of California;
? Concrete Masonry Association of California and Nevada;
? California Hotel and Motel Association;
? Consulting Engineers and Land Surveyors of California;
? California Business Properties Association; and,
? California Association of Realtors.
Directs the Council to make recommendations to the
advisory panels of the Commission as to whether
development of a California Building Rehabilitation
Guideline would improve the safety and reuse of existing
residential and nonresidential buildings. The bill also
directs the Council to determine whether such guidelines
should be adopted as a separate appendix to the
California Building Standards Code that may be adopted at
the discretion of local governments.
Stipulates that the Commission shall absorb the costs
associated with the Council and, to the extent feasible,
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seek in-kind service assistance from the private sector
organizations represented on the Council.
Provides that the Council is to report its
recommendations to the advisory panels by June 30, 2002.
Requires the advisory panels, following a public hearing
process, to report to the Commission itself by September
30, 2002 on whether the state should adopt a California
Building Rehabilitation Guideline.
Requires the Commission to report to the Legislature by
March 31, 2003, on whether the state should adopt a
California Building Rehabilitation Guideline.
Sunsets the bill's provisions on December 31, 2003.
Makes numerous findings and declarations about the
importance of rehabilitating underutilized and unsafe
residential and nonresidential buildings and the need to
simplify relevant regulatory requirements, as specified.
Comments :
1. Purpose of the bill . According to the author, the
discretion afforded to local building officials by existing
building codes can lead in some cases to "costly or
unreasonable" requirements for the rehabilitation of unsafe
or underutilized older buildings. The creation of a
California Building Rehabilitation Code Advisory Council
will help the state determine whether the adoption of
rehabilitation guidelines for local governments to adopt
will spur building rehabilitation, reduce costs and improve
building safety. Rehabilitation of these buildings will
improve the economic health of blighted communities.
2. What is different about a Rehabilitation Guideline ?
The findings of the bill refer to "unpredictable and
unreasonable requirements [that] are an impediment to the
beneficial reuse of existing building stock." The findings
also cite and imply support for the Nationally Applicable
Recommended Rehabilitation Provisions (NARRP). According
to the Building Standards Commission, the only changes to
existing California codes proposed by the NARRP that would
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result in significant cost savings to a project relate to
accessibility and energy efficiency standards. The
sponsors admit that the Council created by this bill is not
likely to recommend major alterations to accessibility or
energy efficiency standards, and as a result, the
guidelines are unlikely to reduce rehabilitation costs in a
major way. The sponsors do believe, however, that the
guidelines will clarify some of the more confusing
standards, reduce redundancies and make it easier for local
governments to review their local standards for ways to
facilitate rehabilitation of older buildings. This will
result in some level of savings that may make a difference
in marginal projects.
3. Representation for persons with disabilities . An
original version of the bill required the Council to
include a representative of persons with disabilities. The
current version of the bill names numerous organizations
that shall be represented on the Council, but does not
require any representation of persons with disabilities.
In light of the fact that the recommendation of the Council
may affect accessibility standards, the Committee may wish
to consider an amendment guaranteeing the California
Foundation for Independent Living Centers representation on
the Council.
4. An overly prescriptive structure ? Current law allows
the Building Standards Commission to appoint any advisory
panels it deems appropriate to receive input from
stakeholders on issues before the commission. This bill
requires the Building Rehabilitation Code Advisory Council
to report to the relevant advisory panels, who in turn will
report to the Building Standards Commission, who in turn
shall make recommendations to the Legislature. The
sponsors have chosen this approach in part due to the
immensity of the task of reviewing volumes of building
codes. Whereas the advisory panels are official public
bodies, the Council would be a more informal assembly
working on a volunteer basis. In an attempt to save time
and state resources, this approach is intended to take a
lot of the initial review and discussion outside of the
formal meeting process, yet preserve the ability of the
advisory panels and Commission to review any
recommendations.
The Commission, like all units of government, also has
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general authority to appoint informal working groups to
address specific issues and has done so on occasion.
Currently, the Commission is convening a 2000 Code
Partnership with 300 participants to advise it on proposed
revisions to newly published model codes. The Committee
may wish to consider whether it is necessary to stipulate
the existence and membership of the Council in legislation,
or if it would be less burdensome to simply require the
Commission to consider a rehabilitation guideline with
input from all interested stakeholders.
At the end of the process established in this bill, the
Commission is required to report to the Legislature on
whether the state should adopt a California Building
Rehabilitation Guideline. Since the end result of this
process will be a recommended guideline, it may be more
appropriate to have the guideline adopted by the Commission
rather than enacted into statute by the Legislature. The
Committee may wish to consider an amendment that requires
the Building Standards Commission to take action on the
report from its advisory panels by a certain date, and if a
guideline is adopted, to report to the Legislature.
Previous Action :
Assembly Floor 54-23
Assembly Appropriations 14-7
Assembly Consumer Protection, Governmental7-0
Efficiency and Economic Development
Support and Opposition : (6/9/)
Support : California Building Industry Association
(sponsor)
Opposition : unknown