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AB-210 Green building standards.(2009-2010)

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AB210:v97#DOCUMENT

Assembly Bill No. 210
CHAPTER 89

An act to amend Sections 17958.5 and 18941.5 of the Health and Safety Code, relating to building standards.

[ Approved by Governor  August 05, 2009. Filed with Secretary of State  August 06, 2009. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 210, 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 include, but are 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   Local Program: NO  

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 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.