BILL NUMBER: AB 125	CHAPTERED
	BILL TEXT

	CHAPTER   633
	FILED WITH SECRETARY OF STATE   OCTOBER 6, 1997
	APPROVED BY GOVERNOR   OCTOBER 3, 1997
	PASSED THE ASSEMBLY   SEPTEMBER 11, 1997
	PASSED THE SENATE   SEPTEMBER 4, 1997
	AMENDED IN SENATE   AUGUST 28, 1997
	AMENDED IN SENATE   AUGUST 25, 1997
	AMENDED IN SENATE   JULY 14, 1997
	AMENDED IN ASSEMBLY   JUNE 4, 1997
	AMENDED IN ASSEMBLY   MAY 21, 1997
	AMENDED IN ASSEMBLY   APRIL 10, 1997

INTRODUCED BY  Assembly Member Pacheco
   (Coauthors:  Assembly Members Aguiar, Granlund, and Thompson)
   (Coauthors:  Senators Brulte and Haynes)

                        JANUARY 15, 1997

   An act to add and repeal Section 18941.8 of the Health and Safety
Code, relating to building standards.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 125, Pacheco.  Building standards:  closed military bases:
County of Riverside.
   Existing law authorizes the governing body of a city, county, or
city and county to adopt an ordinance that allows a building or other
structure located on a military base selected for closure by action
of the federal Defense Base Closure and Realignment Commission to
comply with specified provisions of state building standards and
state standards of fire safety, or to any regulations or standards
adopted pursuant to state building standards, in a graduated manner
over a period of no more than 3 years from the earlier of either the
date the property has been transferred by, or the date a lease of the
building or other structure is entered into with, the federal
government, provided that specified conditions are met.
   This bill would authorize the governing body of the County of
Riverside or a city or joint powers authority within that county with
jurisdiction over March Air Force Base, March Air Reserve Base, or
the March Joint Powers Authority to adopt an ordinance that allows a
building or other structure, as specified, located on the former
March Air Force Base to comply with specified provisions establishing
state building standards and state standards of fire safety, or to
any regulations or standards adopted pursuant to state building
standards, in a graduated manner over a period of no more than 7
years from the date the property has been transferred by federal
government, provided that specified conditions are met.  This
provision would be applicable only to a building or other structure
for which a local agency adopts a graduated compliance plan, as
specified prior to January 1, 2000.  The bill would require the local
agency, prior to adopting a graduated compliance plan, to form a
Compliance Plan Review Committee, as specified, to comment on, and
make recommendations to, the governing board of the local agency,
concerning the compliance plan.
   This bill would become operative only if AB 1071 is also enacted
and becomes operative on or before January 1, 1998, and would repeal
its provisions on January 1, 2007.
   The California Constitution provides that a local or special
statute is invalid in any case if a general statute can be made
applicable.
   This bill would declare that, due to the unique problems within
the County of Riverside, that this bill is intended to remedy, a
general statute within the meaning of specified provisions of the
California Constitution cannot be made applicable and a special
statute is necessary.


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


  SECTION 1.  Section 18941.8 is added to the Health and Safety Code,
to read:
   18941.8.  (a) The governing body of a local agency may adopt an
ordinance that allows a building or other structure designated in
subdivision (b) to comply with this part and Division 12 (commencing
with Section 13000), or to any regulations or standards promulgated
pursuant to this part, in a graduated manner over a period of no more
than seven years.
   (b) This section shall apply only to those buildings and other
structures located on the former March Air Force Base, commonly known
as:
   (1) The Ben Clark Training Center, formerly known as the
Non-Commissioned Officers' Training Academy, including all buildings
and structures on the approximately 360 acres.
   (2) The buildings comprising the medical facility.
   (3) The March Joint Powers Authority, Economic Development
Conveyance area comprising buildings 659, 660, 755, 760, 768, 940,
941, 942, 962, 976, 977, 1054, 1055, 2594, 2595, 2620, 2622, 2706,
2991, 2992, 2993, 2994, and 2995.
   (c) The period for graduated compliance shall begin with the date
the title to the property was transferred by the federal government
to a local agency.
   (d) The authority for a local agency to adopt an ordinance
pursuant to this section is an alternative to the authority provided
by Section 18941.7, and shall not be used consecutively with Section
18941.7.
   (e) An ordinance adopted by a local agency pursuant to subdivision
(a) shall not apply to a building or other structure that will be
used as a permanent residence.
   (f) Prior to the adoption of the ordinance pursuant to subdivision
(a), each of the following conditions shall be met:
   (1) The use of the building or other structure is not hazardous to
life safety, fire safety, health, or sanitation, as determined by
the application of state and local building and fire codes and
standards by the local building official and fire marshal.
   (2) The building or other structure has been transferred by the
federal government to a local agency.
   (3) The governing body of the local agency adopts a graduated
compliance plan which includes all of the following:
   (A) Requirements for buildings and structures with:
   (i) No change in occupancy or use with no anticipated alterations.

   (ii) No change in occupancy or use with planned alterations.
   (iii) Change in occupancy or use with no anticipated alterations.

   (iv) Change in occupancy or use with planned alterations.
   (B) Requirements for a building and structure compliance
inspection and a fire department inspection, and for preparation of
inspection reports, prior to issuing a certificate of occupancy.
   (C) Requirements for the inspection reports prepared pursuant to
subparagraph (B) to be attached to the certificate of occupancy or
provided to the occupants of the building or other structure.
   (D) Requirements for the terms and period of time for compliance
to be specified in the certificate of occupancy.
   (E) Requirements that the alterations conform to the standards
that were in effect at the time of the alteration.
   (g) (1) Prior to the adoption of a graduated compliance plan, the
local agency shall form a Compliance Plan Review Committee, hereafter
referred to as the "committee," to comment on, and make
recommendations to, the governing board of the local agency
concerning the compliance plan.
   (2) The committee shall be appointed by the governing board of the
local agency and the membership of the committee shall contain at
least one member from each of the following disciplines:
   (A) Engineer, licensed by the State of California.
   (B) Architect, licensed by the State of California.
   (C) Building Inspector, certified by the International Conference
of Building Officials or another similar recognized state, national,
or international association.
   (3) The committee may contain additional members at the discretion
of the governing body of the local agency, whose unique background
and knowledge may be of assistance to the committee.
   (4) In no case shall the membership of the committee contain less
than one member from the disciplines set forth in subparagraphs (A)
to (C), inclusive, of paragraph (2).
   (5) No member appointed to the committee shall be an employee of
the local agency.
   (6) The committee shall review the draft plan for its consistency
with the requirements of this section, and report its written
findings and recommendations to the governing board of the local
agency.  If the committee finds that the draft plan is not consistent
with the requirements of this section, the committee shall recommend
changes to the draft plan to achieve consistency.
   (7) The local agency shall consider the findings and
recommendations of the committee.  If the committee finds that the
draft plan is not consistent with the requirements of this section,
the local agency shall take one of the following actions:
   (A) Change the draft plan to be consistent with the requirements
of this section, as recommended by the committee.
   (B) Adopt the draft plan with some of the recommended changes or
without changes, provided that the local agency makes written
findings that explain the reasons why the local agency believes that
the draft plan, as adopted, is consistent with the requirements of
this section despite the findings and recommendations of the
committee which were not adopted by the local agency.
   (8) The local agency shall file a copy of the approved graduated
compliance plan with the California Building Standards Commission.
   (h) (1) Five years after the commencement of the period for
graduated compliance specified in subdivision (b), the local agency
shall arrange for the committee to determine whether the buildings or
other structures adhere to the graduated compliance plan.
   (2) The committee membership shall be governed by subparagraphs
(2) to (5) inclusive, of subdivision (g).
   (3) If the committee determines that the buildings or other
structures do not adhere to the graduated compliance plan, the
committee shall recommend to the governing board of the local agency
that the local building official should initiate appropriate
proceedings to withdraw the certificate of occupancy for that
building or structure.
   (i) Nothing in this section affects the requirements of state
consent to retrocession pursuant to Section 113 of the Government
Code.
   (j) As used in this section, "local agency" means the County of
Riverside, a city within the County of Riverside with jurisdiction
over the March Air Force Base or the March Air Reserve Base, or the
March Joint Powers Authority.
   (k) This section shall be applicable to a building or other
structure for which a local agency adopts a graduated compliance plan
before January 1, 2000.
   (l) This section shall remain in effect only until January 1,
2007, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2007, deletes or extends
that date.
   (m) Nothing in this section shall affect local, state, or federal
laws as they relate to access to the disabled.
  SEC. 2.  This act shall only become operative if AB 1071 of the
1997-98 Regular Session is enacted, and becomes operative on or
before January 1, 1998.
  SEC. 3.  The Legislature finds and declares that a general statute,
within the meaning of Section 16 of Article IV of the California
Constitution, cannot be made applicable to the unique problems within
the County of Riverside, as set forth in Section 1 of this act, and
that, therefore this act is necessary.