Article 4 Rulemaking for the Adoption of Building Standards
- Identify and maintain a listing of all interested groups or persons affected by building standards of the type within the jurisdiction of the agency.
- Prior to commencing the development of proposed building standards, notify all interested groups and persons that building standards are to be developed, and solicit suggestions and a means for participation.
- Conduct workshops to solicit input where the proposals are complex or large in number and cannot easily be reviewed during the comment period.
- Make available draft proposals to interested groups or persons expressing interest.
- Establish a procedure to provide interested groups or persons the opportunity to advise the agency of the impact of the proposed standards.
- Written public comments. The public may submit written comments in support or opposition to proposed building standards or proposed repeal of existing building standards. The written comment may be provided at a public meeting of a code advisory committee, and at any public meeting or hearing by the Commission conducted for the purpose of considering building standards published or proposed to be published in Title 24 of the California Code of Regulations, and during any public comment period announced by an issued Notice of Proposed Action or agenda. See Section 1-413 for additional information.
- Oral public comments. The public may provide oral comment in support or opposition to proposed building standards and the proposed repeal of existing building standards during a public meeting of a code advisory committee, or during any public meeting or hearing of the Commission conducted for the purpose of considering building standards published or proposed to be published in Title 24, California Code of Regulations.
Authority: Health and Safety Code Sections 18929.1 and 18934.
Reference: Government Code Section 11346.45, Health and Safety Code Sections 18929.1 and 18934.
The Commission and other state agencies that propose green building standards shall allow for input by other state agencies that have expertise in green building subject areas but do not have the statutory authority to propose green building standards. The process for making recommended changes to proposing state agencies shall align with an 18-month code adoption cycle (triennial or intervening) and the proposing state agency's rulemaking schedule as follows:
- Timing for submittal. The timing for receipt of recommended changes shall be determined by the state agency that has statutory authority to propose green building standards for a specific occupancy. Pursuant to 1-403(a)(2), prior to commencing the development of proposed building standards, proposing state agencies shall notify all interested parties that building standards are to be developed, and solicit suggestions and a means for participation.
- Mandatory or voluntary standards. The state agency recommending changes shall specify whether the recommended changes are intended to be mandatory or voluntary green building standards, and shall indicate, to the extent possible, if a recommended voluntary green building measure should be considered for possible adoption as a mandatory measure within the two subsequent adoption cycles. The proposing state agency shall determine if a recommended green building standard will be proposed as a mandatory or voluntary measure.
- Recommended regulatory text for new green building standards or revisions to existing green building standards, in strikeout/underline format;
- Rationale that clearly explains the specific purpose and the need for the changes including the basis for recommending that the items be considered for adoption as mandatory or voluntary green building standards;
- Fiscal and economic analysis and supporting documentation in a format specified by the proposing state agency, which shall include the cost of compliance;
- Verifiable and appropriate technical analysis, data or other information in support of the recommended changes including information on product availability. Data or information shall include, but is not limited to, copies of reports, findings, data relied upon or other materials and analyses;
- Certification by the state agency suggesting the recommended changes that the content of the aforementioned submittal documents are true and accurate; and
- Any additional information as requested by the proposing state agency.
- Availability to the public. The proposing state agency, in complying with the provisions of Section 1-403 and having determined to propose the recommended changes as building standards, shall make the proposals available to interested groups, persons expressing interest, and the public pursuant to Government Code §§11346.45 and 11347.1.
- Recommended changes conflict with the proposing state agency's mission, stated goals and/or other mission critical program requirements;
- The suggesting state agency has failed to provide the submittal documents as required;
- The suggesting state agency provides data, analysis or information that is flawed or otherwise determined by the proposing state agency to be unusable in-whole or in-part;
- The suggesting state agency fails to provide a complete package of submittal documents within the timeframe directed by the proposing state agency in order to appropriately advance the suggested changes during the subject rulemaking cycle; and
- Any other reason as determined by the proposing state agency.
Authority: Health and Safety Code Sections 18929.1, 18930.5 and 18934.
Reference: Government Code Section 11346.45, Health and Safety Code Sections 18929.1, 18930.5 and 18934.
State adopting agencies planning to conduct hearings relative to building standards shall, prior to giving public notice, acquire the written approval of the Commission as to the date, time and place of the hearing(s). The approval may be in the form of the Commission's approval of the proposed Notice of Proposed Action submitted by an adopting agency, when the date, time and place for the hearing is included in the proposed Notice of Proposed Action.
Authority: Health and Safety Code Sections 18931 and 18935.
Reference: Health and Safety Code Sections 18931 and 18935.
- In order to effectively administer the Triennial and Intervening Code Adoption Cycles, the Commission shall establish deadlines for state adopting agency and state proposing agency submittals of rulemaking files of adopted or proposed building standards for publication in Title 24, California Code of Regulations.
- The Commission shall notify state adopting agencies and state proposing agencies in writing of the deadlines for acceptance of rulemaking files a minimum of 180 days prior to the deadline. State adopting agencies and state proposing agencies shall submit rulemaking files as specified in this article to the Commission on or before the deadline for acceptance specified in the written notice.
Authority: Health and Safety Code Sections 18929.1 and 18930.
Reference: Health and Safety Code Sections 18930, 18931 and 18933.
- One (1) original Building Standards Face Sheet (BSC-1), with the wet signature of the agency director or designee.
- One (1) copy of the Notice of Proposed Action. The Notice of Proposed Action shall be complete except for the public comment period portion. The public comment period will be determined by the Commission staff.
- Two (2) copies of the Initial Express Terms showing the proposed building standards or amendments to existing building standards in strikeout/underline format. The language, including numbering and punctuation, of proposed new building standards or amendments to existing building standards shall be shown underlined. Proposed deletions of existing building standards shall be shown in strikeout type. Existing building standards to remain without amendment shall be shown without underlining or strikeout or other highlighting.
- Two (2) copies of the Initial Statement of Reasons for proposing the adoption, amendment, or repeal of a regulation.
- One (1) copy of the Department of Finance Economic and Fiscal Impact Statement (STD. 399). Wet signatures are not required on STD. 399 until final submittal of the rulemaking file.
- Two (2) copies of the written Nine-Point Criteria Analysis substantiating compliance with Health and Safety Code Section 18930.
- One (1) electronic file copy of each of the above documents listed under subsection 1-407(b), which shall be suitable for immediate placement on the Commission's website (www.dgs.ca.gov/bsc) for public viewing.
Authority: Government Code Sections 11346—11348 and Health and Safety Code Sections 18930, 18931, 18935 and 18949.6.
Reference: Health and Safety Code Sections 18930, 18931, 18935 and 18949.6.
- Whenever a certification is required by this article, it shall be made by the head of the state agency that is proposing, adopting, amending or repealing building standards or administrative regulations, or by a designee of the agency head. The certification and delegation shall be in writing.
- The certification wet signature required on the Notice/Submission Face Sheet (BSC-1) by Sections 1-407(b)1, 1-415(a)1, and 1-419(b)1 and the certification wet signature required on the Department of Finance Economic and Fiscal Impact Statement (STD. 399) required by Section 1-415(a)7 shall be made by the agency director, or their designee, of the agency proposing or adopting the building standards. A written delegation identifying the agency's authorized signatory designee(s) shall be submitted prior to or with the rulemaking file(s) when the Notice/Submission Face Sheet (BSC-1) is signed by other than the agency director.
Authority: Government Code Sections 11340 et seq., and Health and Safety Code Sections 18929.1, 18930, 18931, 18934, 18935 and 18949.6.
Reference: Government Code Sections 11340 et seq., and Health and Safety Code Sections 18929.1, 18930, 18931, 18934, 18935 and 18949.6.