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<ns0:Id>20250AB__192698AMD</ns0:Id>
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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-12</ns0:ActionDate>
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<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
<ns0:ActionDate>2026-03-19</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Pacheco</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Pacheco</ns0:Name>
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<ns0:Title>An act to add Section 11359.1 to the Government Code, and to amend Section 18930 of, and to add Section 17921.14 to, the Health and Safety Code, relating to housing.</ns0:Title>
<ns0:RelatingClause>housing</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Residential construction costs: regulation.</ns0:Subject>
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<html:p>Existing law, the California Building Standards Law, establishes the California Building Standards Commission within the Government Operations Agency. Existing law requires the commission to approve and adopt building standards and to codify those standards in the California Building Standards Code. Existing law requires the commission to publish, or cause to be published, editions of the code in its entirety every 3 years, and to publish, or cause to be published, supplements as necessary in the intervening period. Existing law requires any building standard adopted or proposed by state agencies to be submitted to, and approved or adopted by, the commission before codification, in compliance with certain procedures, including, among others, (1) if the proposed building standard promotes fire and panic
safety, as determined by the State Fire Marshal, to have the written approval of the State Fire Marshal, and (2) the proposed building standards be accompanied by an analysis written by the adopting agency or state agency that proposes the building standards that justifies the approval of the standards in terms of specified criteria. </html:p>
<html:p>Existing law establishes the Department of Housing and Community Development. Existing law, the State Housing Law, requires the department to propose the adoption, amendment, or repeal of building standards to the commission and to adopt, amend, or repeal other rules and regulations for the protection of the health, safety, and general welfare of the occupant and the public relating to specified residential structures, as provided, which apply throughout the state.</html:p>
<html:p>This bill would
require the department to review construction cost pressures for single-family and multifamily residential construction as a result of building standards and, on or before January 1, 2031, propose the revision of building standards to the commission to lower the costs determined to be attributable to building standards. The bill would further require the department to review construction cost pressures for single-family and multifamily residential construction as a result of other regulation by the department and other state agencies and, on or before January 1, 2031, develop recommendations to lower the costs the department determines to be attributable to regulation. The bill would require the department, on or before January 1, 2031, to provide a report to the Assembly Committee on Housing and Community Development and the Senate Committee on Housing regarding the recommendations developed pursuant to the bill.</html:p>
<html:p>This bill, for each triennial update of the California Building Standards Code that occurs on or after January 1, 2032, would require, the department and other applicable state agencies as determined by the department to propose the revision of building standards to the commission to lower the up-front construction costs for single-family and multifamily residential construction while continuing to maintain health and safety standards. The bill would require a proposed building standard adopted or proposed by a state agency and submitted to the commission for approval or adoption that could increase the cost of residential construction, as determined by the department, to have the written approval of the department. The bill would include in the above-described criteria for a proposed building standard that the standard does not cost more than the reasonable alternatives to the standard, determined by comparing all direct and indirect costs of implementing the standard
to implementing the reasonable alternatives.</html:p>
<html:p>Existing law, the Administrative Procedure Act (APA), sets forth requirements for the adoption, publication, review, and implementation of regulations by state agencies. The APA requires the Office of Administrative Law to review all regulations adopted, amended, or repealed and submitted to it for publication in the California Code of Regulations and for transmittal to the Secretary of State and to make determinations using specified standards, as defined.</html:p>
<html:p>This bill would prohibit a new regulation, or the amendment or repeal of a regulation, that could increase construction costs for single-family and multifamily residential construction from being valid or effective unless it is submitted by, or approved in writing by, the Department of Housing and Community Development before transmittal to the Secretary of State or the Office of Administrative Law.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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<ns0:Num>SECTION 1.</ns0:Num>
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Section 11359.1 is added to the
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, to read:
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<ns0:Num>11359.1.</ns0:Num>
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<html:p>A new regulation, or the amendment or repeal of a regulation, that could increase construction costs for single-family and multifamily residential construction shall not be valid or effective unless it is submitted by, or approved in writing by, the Department of Housing and Community Development before transmittal to the Secretary of State or the Office of Administrative Law.</html:p>
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 17921.14 is added to the
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, to read:
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<html:p>
(a)
<html:span class="EnSpace"/>
The department shall perform both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A review of construction cost pressures for single-family and multifamily residential construction as a result of building standards and, on or before January 1, 2031, shall propose the revision of building standards to the California Building Standards Commission to lower the costs the department determines to be attributable to building standards.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A revision of a building standard proposed pursuant to this paragraph shall not take effect before January 1, 2032.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A review of construction cost
pressures for single-family and multifamily residential construction as a result of other regulation by the department and other state agencies and, on or before January 1, 2031, shall develop recommendations to lower the costs the department determines to be attributable to regulation.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The department, on or before January 1, 2031, shall provide a report to the Assembly Committee on Housing and Community Development and the Senate Committee on Housing regarding the recommendations developed pursuant to subparagraph (A).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A report submitted pursuant to this paragraph shall be submitted in compliance with Section 9795 of the Government Code.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The reporting requirement pursuant to this paragraph is inoperative on January 1, 2035, pursuant to Section 10231.5 of the Government Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For each triennial update of the California Building Standards Code (Title 24 of the California Code of Regulations) that occurs on or after January 1, 2032, the department and other applicable state agencies as determined by the department shall propose the revision of building standards to the California Building Standards Commission to lower the up-front construction costs for single-family and multifamily residential construction while continuing to maintain health and safety standards.
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<ns0:Num>SEC. 3.</ns0:Num>
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Section 18930 of the
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is amended to read:
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<ns0:Num>18930.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
Except as provided in subdivision (g), any building standard adopted or proposed by state agencies shall be submitted to, and approved or adopted by, the California Building Standards Commission prior to codification. Prior to submission to the commission, building standards shall be adopted in compliance with the procedures specified in Article 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. Building standards adopted by state agencies and submitted to the commission for approval shall be accompanied by an analysis written by the adopting agency or state agency that proposes the building standards which shall, to the satisfaction of the commission, justify the approval thereof in terms of the following criteria:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The proposed building standards do not conflict with, overlap, or duplicate other building standards.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The proposed building standard is within the parameters established by enabling legislation and is not expressly within the exclusive jurisdiction of another agency.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The public interest requires the adoption of the building standards. The public interest includes, but is not limited to, health and safety, resource efficiency, fire safety, seismic safety, building and building system performance, and consistency with environmental, public health, and accessibility statutes and regulations.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The proposed building standard is not unreasonable, arbitrary, unfair, or capricious, in whole or in part.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The cost to the public is reasonable, based on the overall benefit to be derived from the building standards.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The proposed building standard is not unnecessarily ambiguous or vague, in whole or in part.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The applicable national specifications, published standards, and model codes have been incorporated therein as provided in this part, where appropriate.
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
If a national specification, published standard, or model code does not adequately address the goals of the state agency, a statement defining the inadequacy shall accompany the proposed building standard when submitted to the commission.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If there is no national specification, published standard, or model code that is relevant
to the proposed building standard, the state agency shall prepare a statement informing the commission and submit that statement with the proposed building standard.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
The format of the proposed building standards is consistent with that adopted by the commission.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
The proposed building standard, if it promotes fire and panic safety, as determined by the State Fire Marshal, has the written approval of the State Fire Marshal.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
The proposed building standard, if it could increase the cost of residential construction, as determined by the Department of Housing and Community Development, has the written approval of the Department of Housing and Community Development.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
The proposed building standard does not cost more than the reasonable alternatives to the standard, determined by comparing all direct and indirect costs of implementing the standard to implementing the reasonable alternatives.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In reviewing building standards submitted for its approval, the commission shall consider only the record of the proceedings of the adopting agency, except as provided in subdivision (b) of Section 11359 of the Government Code.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Where the commission is the adopting agency, it shall consider the record submitted to, and considered by, the state agency that proposes the building standards and the record of public comment that results from the commission’s adoption of proposed regulations.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The commission shall give great weight to the determinations and analysis of the adopting agency or state agency that proposes the building standards on each of the criteria for approval set forth in subdivision (a). Any factual determinations of the adopting agency or state agency that proposes the building standards shall be considered conclusive by the commission unless the commission specifically finds, and sets forth its reasoning in writing, that the factual determination is arbitrary and capricious or substantially unsupported by the evidence considered by the adopting agency or state agency that proposes the building standards.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Whenever the commission makes a finding, as described in this subdivision, it shall return the standard to the adopting agency or state agency that proposes the building standards for a reexamination of its original determination of the disputed fact.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Whenever a building standard is principally intended to protect the public health and safety, its adoption shall not be a “factual determination” for purposes of subdivision (d). Whenever a building standard is principally intended to conserve energy or other natural resources, the commission shall consider or review the cost to the public or benefit to be derived as a “factual determination” pursuant to subdivision (d). Whenever a building standard promotes fire and panic safety, each agency shall, unless adopted by the State Fire Marshal, submit the building standard to the State Fire Marshal for prior approval.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Whenever the commission finds, pursuant to paragraph (2) of subdivision (a), that a building standard is adopted by an adopting agency pursuant to statutes requiring adoption of the building standard, the commission shall not consider or review whether the adoption
is in the public interest pursuant to paragraph (3) of subdivision (a).
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Commencing October 1, 2025, to June 1, 2031, inclusive, proposed building standards affecting residential units shall not be considered, approved, or adopted by the commission or any other adopting agency, unless any of the following conditions are met:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The commission deems those changes necessary as emergency standards to protect health and safety.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The building standards are amendments by the State Fire Marshal to building standards within the California Wildland-Urban Interface Code (Part 7 of Title 24 of the California Code of Regulations).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The building standards are proposed for adoption in relation to standards researched pursuant to Section 13108.5.2.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The building standards are proposed for adoption pursuant to Section 17921.9, 17921.11, or 18940.7 of this code, or Section 13558 of the Water Code.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The building standards are necessary to ensure the latest editions of the model codes specified in Section 18916 are incorporated into the triennial edition of the California Building Standards Code, along with any necessary and related state amendments supporting or facilitating the incorporation of the model codes.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The building standards are necessary to incorporate errata or emergency updates to the national model codes specified in Section 18916, along with any necessary and related state amendments supporting or facilitating the incorporation of errata or emergency updates to the model codes.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The building standards are necessary to incorporate updates to accessibility requirements that align with minimum federal accessibility laws, standards, and regulations.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
The building standards under consideration would take effect on or after January 1, 2032.
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