Bill Text: CA AB460 | 2021-2022 | Regular Session | Amended

California Assembly Bill 460 (Prior Session Legislation)

Bill Title: Fire protection: residential fire sprinklers: fees.

Spectrum: Partisan Bill (Independent 1-0)

Status: (Failed) 2022-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB460 Detail]

Download: California-2021-AB460-Amended.html

Amended IN Assembly March 25, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 460

Introduced by Assembly Member Mayes

February 08, 2021

An act to ~~amend~~ add Section ~~121022~~ 53069.10 to the Government Code, and to amend Sections 13143.5 and 13869.7 of the Health and Safety Code, relating to ~~public health.~~ fire protection.

LEGISLATIVE COUNSEL'S DIGEST

AB 460, as amended, Mayes. ~~Communicable diseases: HIV reporting.~~ Fire protection: residential fire sprinklers: fees.

(1) Existing law authorizes any public agency providing water for fire protection purposes to, by ordinance or resolution, fix and collect a charge to pay the costs of operation, installation, capital, maintenance, repair, alteration, or replacement of facilities and equipment related to supplying water for fire protection purposes. Existing law authorizes specified local jurisdictions and fire protection districts to make changes or modifications that are more stringent than specified state standards, as provided. Existing law neither authorizes nor prohibits a local jurisdiction or a fire protection district from mandating the installation of residential fire sprinkler systems within newly constructed or existing dwelling units.
This bill, among other things, would, as provided, prohibit water-related fees imposed on the owner of residential property from being affected by the installation of a residential fire sprinkler system on that residential property, including those residential fire sprinkler systems mandated by a local jurisdiction or a fire protection district. The bill would provide that homes with residential fire sprinklers installed before January 1, 2022, may have their water meter rates reassessed to comply with this prohibition. For purposes of the rate reassessment, the bill would require the local agency that establishes water meter size to reassess the property owner’s water meter size. The bill would authorize the local agency to impose a reasonable fee on the property owner to recover the cost of the reassessment. The bill would require the local agency to develop a reassessment application and provide this application and other information to the local public agency that provides water service to residential property. By requiring a local agency to perform new duties, the bill would impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law requires all health care providers and laboratories to report cases of human immunodeficiency virus (HIV) infection to the local health officer and requires the local health officer to report unduplicated HIV cases to the State Department of Public Health.
~~This bill would make technical, nonsubstantive changes to that provision.~~

Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES

The people of the State of California do enact as follows:

SECTION 1.

Section 53069.10 is added to the Government Code, to read:

53069.10.
(a) The Legislature finds and declares all of the following:
(1) Residential fire sprinklers are the most effective way to prevent loss of life in residential structures and reduce the damage and impact resulting from fires within residential properties.
(2) Residential fire sprinkler systems are installed in residential properties to save lives and reduce injuries, not only for occupants of the residence, but also the firefighters that may be responding to a fire incident.
(3) Residential fire sprinkler systems not only protect lives, but provide protection to building contents and building structures by limiting fire and water damage. Residential fire sprinkler systems also generally allow residents to remain in their homes while damage is repaired, thereby limiting displacement and repair expenses.
(4) Residential fire sprinkler system operation uses significantly less water to extinguish or control a fire than hydrant water and suppression hoses or lines used by responding firefighters.
(5) Residential fire sprinkler systems are designed to be integrated with the domestic water serving residential properties.
(6) Residential fire sprinkler systems installed properly are a standby system to be used only under exigent circumstances involving fire. The sizing of water meters to properly operate a residential fire sprinkler system is only necessary while a fire sprinkler system is under operation.
(b) (1) Except as otherwise provided, for purposes of this subdivision, “agency” means a local public agency that provides water service to residential property.
(2) The installation of a residential fire sprinkler system on a residential property shall not affect any water-related fees imposed on the owner of the residential property. Water-related fees imposed on the owner of the residential property shall be calculated based on water use that does not include water used by a residential fire sprinkler system that may be installed on that property.
(3) Paragraph (2) does not preclude an agency from charging a one-time fee for the installation and cost of increasing the size of a water meter to accommodate a residential fire sprinkler system. An agency shall not require a residential property owner to install a water meter that is greater than what is necessary to accommodate a residential fire sprinkler system.
(4) If an agency requires the installation of a double-check valve assembly for purposes of the residential fire sprinkler system, the agency shall not require annual testing of the double-check valve assembly. This paragraph applies to residential sprinkler systems installed before and after January 1, 2022.
(5) (A) Homes with residential fire sprinklers installed before January 1, 2022, may have their water meter rates reassessed to comply with paragraph (2).
(B) The agency that establishes water meter size shall reassess the property owner’s water meter size based upon this subdivision. The agency described in this subparagraph may impose a reasonable fee on the property owner to recover the cost of the reassessment.
(C) The agency described in subparagraph (B) shall develop an application for the reassessment request and shall make the application and instructions available to the agency defined in paragraph (1).

SEC. 2.

Section 13143.5 of the Health and Safety Code is amended to read:

13143.5.

(a) Notwithstanding ~~Part 2 (commencing with Section 13100) of Division 12,~~ this part, Part 1.5 (commencing with Section 17910) of Division 13, and Part 2.5 (commencing with Section 18901) of Division 13, any city, county, or city and county may, by ordinance, make changes or modifications that are more stringent than the requirements published in the California Building Standards Code relating to fire and panic safety and the other regulations adopted pursuant to this part. Any changes or modifications that are more stringent than the requirements published in the California Building Standards Code relating to fire and panic safety shall be subject to subdivision (b) of Section 18941.5.

(b) Nothing in this section shall authorize a local jurisdiction to mandate, ~~nor~~ or prohibit a local jurisdiction from mandating, the installation of residential fire sprinkler systems ~~within~~ in newly constructed dwelling units or in new additions to existing dwelling units, including, but not limited to, manufactured homes as defined in Section 18007.

(c) Nothing in this section shall authorize a local jurisdiction to mandate, ~~nor~~ or prohibit a local jurisdiction from mandating, the retrofitting of existing dwelling units for the installation of residential fire sprinkler systems, including, but not limited to, manufactured homes as defined in Section 18007.

(d) Nothing in this section shall apply in any manner to litigation filed ~~prior to~~ before January 1, 1991, regarding an ordinance or regulation ~~which~~ that mandates the installation of residential fire sprinkler systems ~~within~~ in newly constructed dwelling units or in new additions to existing dwelling units.

(e) This section shall not apply to fire and panic safety requirements for the public schools adopted by the State Fire Marshal pursuant to Section 13143.

(f) (1) A city, county, or city and county that adopts an ordinance relating to fire and panic safety pursuant to this section shall delegate the enforcement of the ordinance to either of the following:

(A) The chief of the fire authority of the city, county, or city and county, or ~~his or her~~ the chief’s authorized representative.

(B) The chief building official of the city, county, or city and county, or ~~his or her~~ the chief’s authorized representative.

(2) Any fee charged pursuant to the enforcement authority of this subdivision shall not exceed the estimated reasonable cost of providing the service for which the fee is charged, pursuant to Section 66014 of the Government Code.

(g) On or before October 1, 1991, and each October 1 thereafter, the Department of Housing and Community Development, in conjunction with the ~~office~~ Office of the State Fire Marshal, shall transmit a report to the State Building Standards Commission on the more stringent requirements, adopted by a city, county, or city and ~~county,~~ county pursuant to this section or adopted by a fire protection district and ratified pursuant to Section 13869.7, to the building standards relating to fire and panic safety adopted by the State Fire Marshal and contained in the California Building Standards Code. The report shall be for informational purposes only and shall include a summary by the department and the office of the reasons cited as the necessity for the more stringent requirements. The report required pursuant to this subdivision shall apply to any more stringent requirements adopted or ratified on or after January 1, 1991.

(h) All structures governed by Part 2.7 (commencing with Section 18950) of Division 13 are exempt from the permissive authority granted by subdivision (a).

(i) If a local jurisdiction requires the installation of a residential fire sprinkler pursuant to this section, the local jurisdiction shall comply with the requirements established pursuant to Section 53069.10 of the Government Code.

SEC. 3.

Section 13869.7 of the Health and Safety Code is amended to read:

13869.7.

(a) ~~Any fire protection~~ A district organized pursuant to ~~Part 2.7 (commencing with Section 13800) of Division 12~~ this part may adopt building standards relating to fire and panic safety that are more stringent than those building standards adopted by the State Fire Marshal and contained in the California Building Standards Code. For these purposes, the district board shall be deemed a legislative body and the district shall be deemed a local agency. Any changes or modifications that are more stringent than the requirements published in the California Building Standards Code relating to fire and panic safety shall be subject to subdivision (b) of Section 18941.5.

(b) ~~Any fire protection~~ A district that proposes to adopt an ordinance pursuant to this section shall, not less than 30 days ~~prior to~~ before noticing a proposed ordinance for public hearing, provide a copy of that ordinance, together with the adopted findings made pursuant to subdivision (a), to the city, county, or city and county where the ordinance will apply. The city, county, or city and ~~county,~~ county may provide the district with written comments, which shall become part of the ~~fire protection~~ district’s public hearing record.

(c) The ~~fire protection~~ district shall transmit the adopted ordinance to the city, county, or city and county where the ordinance will apply. The legislative body of the city, county, or city and ~~county,~~ county may ratify, modify, or deny an adopted ordinance and transmit its determination to the district within 15 days of the determination. Any modification or denial of an adopted ordinance shall include a written statement describing the reasons for any modifications or denial. No ordinance adopted by the district shall be effective until ratification by the city, county, or city and county where the ordinance will apply. Upon ratification of an adopted ordinance, the city, county, or city and ~~county,~~ county shall file a copy of the findings of the district, and any findings of the city, county, or city and county, together with the adopted ordinance expressly marked and identified to which each finding refers, with the Department of Housing and Community Development.

(d) Nothing in this section shall authorize a district to mandate, ~~nor~~ or prohibit a district from mandating, the installation of residential fire sprinkler systems ~~within~~ in newly constructed dwelling units or in new additions to existing dwelling units, including, but not limited to, manufactured homes as defined in Section 18007.

(e) Nothing in this section shall authorize a district to mandate, ~~nor~~ or prohibit a district from mandating, the retrofitting of existing dwelling units for the installation of residential fire sprinkler systems, including, but not limited to, manufactured homes as defined in Section 18007.

(f) Nothing in this section shall apply in any manner to litigation filed ~~prior to~~ before January 1, 1991, regarding an ordinance or regulation ~~which~~ that mandates the installation of residential fire sprinkler systems ~~within~~ in newly constructed dwelling units or in new additions to existing dwelling units.

(g) This section shall not apply to fire and panic safety requirements for the public schools adopted by the State Fire Marshal pursuant to Section 13143.

(h) (1) A city, county, or city and county that ratifies an ordinance relating to fire and panic safety pursuant to this section shall delegate the enforcement of the ordinance to either of the following:

(A) The chief of the ~~fire protection~~ district that adopted the ordinance, or ~~his or her~~ the chief’s authorized representative.

(B) The chief building official of the city, county, or city and county, or ~~his or her~~ the chief’s authorized representative.

(i) If a district requires the installation of a residential fire sprinkler pursuant to this section, the district shall comply with the requirements established pursuant to Section 53069.10 of the Government Code.

SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

SECTION 1.Section 121022 of the Health and Safety Code is amended to read:
121022.
(a)To ensure knowledge of current trends in the HIV epidemic and to ensure that California remains competitive for federal HIV and AIDS funding, health care providers and laboratories shall report all cases of HIV infection to the local health officer using patient names on a form developed by the department. Both the local health officer and the department shall be authorized to access reports of HIV infection that are electronically submitted by laboratories pursuant to subdivision (g) of Section 120130. Local health officers shall report unduplicated HIV cases by name to the department on a form developed by the department.
(b)(1)Health care providers and local health officers shall submit cases of HIV infection pursuant to subdivision (a) by courier service, United States Postal Service express mail or registered mail, other traceable mail, person-to-person transfer, facsimile, or electronically by a secure and confidential electronic reporting system established by the department.
~~(2)This subdivision shall be implemented using the existing resources of the department.~~
(c)The department and local health officers shall ensure continued reasonable access to anonymous HIV testing through alternative testing sites, as established by Section 120890, and in consultation with HIV planning groups and affected stakeholders, including representatives of persons living with HIV and health officers.
(d)The department shall promulgate emergency regulations to conform the relevant provisions of Article 3.5 (commencing with Section 2641.5) of Subchapter 1 of Chapter 4 of Division 1 of Title 17 of the California Code of Regulations, consistent with this chapter, by April 17, 2007. Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), if the department revises the form used for reporting pursuant to subdivision (a) after consideration of the reporting guidelines published by the federal Centers for Disease Control and Prevention, the revised form shall be implemented without being adopted as a regulation, and shall be filed with the Secretary of State and printed in Title 17 of the California Code of Regulations.
~~(e)Pursuant to Section 121025, reported cases of HIV infection shall not be disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding.~~
(f)State and local health department employees and contractors shall be required to sign confidentiality agreements developed by the department that include information related to the penalties for a breach of confidentiality and the procedures for reporting a breach of confidentiality, prior to accessing confidential HIV-related public health records. Those agreements shall be reviewed annually by either the department or the appropriate local health department.
(g) A person shall not disclose identifying information reported pursuant to subdivision (a) to the federal government, including, but not limited to, any agency, employee, agent, contractor, or anyone else acting on behalf of the federal government, except as permitted under subdivision (b) of Section 121025.
(h)(1)Any potential or actual breach of confidentiality of HIV-related public health records shall be investigated by the local health officer, in coordination with the department, when appropriate. The local health officer shall immediately report any evidence of an actual breach of confidentiality of HIV-related public health records at a city or county level to the department and the appropriate law enforcement agency.
(2)The department shall investigate any potential or actual breach of confidentiality of HIV-related public health records at the state level, and shall report any evidence of such a breach of confidentiality to an appropriate law enforcement agency.
~~(i)Any willful, negligent, or malicious disclosure of cases of HIV infection reported pursuant to subdivision (a) shall be subject to the penalties prescribed in Section 121025.~~
~~(j)This section does not limit any other remedies and protections available under state or federal law.~~