The State Housing Law authorizes cities and counties to prescribe fees for permits required or authorized pursuant to the State Housing Law.

This bill would authorize these entities to waive or reduce all building permit fees for improvements to the home of a person at least 60 years of age with a qualifying disability that are made to accommodate that disability.

The State Housing Law authorizes cities and counties to prescribe fees for permits required or authorized pursuant to the State Housing Law.

This bill would authorize these entities to waive or reduce all building permit fees for improvements to the home of a person at least 60 years of age with a qualifying disability that are made to accommodate that disability.

The State Housing Law authorizes cities and counties to prescribe fees for permits required or authorized pursuant to the State Housing Law.

This bill would authorize these entities to waive or reduce all building permit fees for improvements to the home of a person at least 60 years of age with a qualifying disability that are made to accommodate that disability.

The State Housing Law authorizes cities and counties to prescribe fees for permits required or authorized pursuant to the State Housing Law.

This bill would authorize these entities to waive or reduce all building permit fees for improvements to the home of a person at least 60 years of age with a qualifying disability that are made to accommodate that disability.

The State Housing Law authorizes cities and counties to prescribe fees for permits required or authorized pursuant to the State Housing Law.

This bill would authorize these entities to waive or reduce all building permit fees for improvements to the home of a person at least 60 years of age with a qualifying disability that are made to accommodate that disability.

The State Housing Law authorizes cities and counties to prescribe fees for permits required or authorized pursuant to the State Housing Law.

This bill would authorize these entities to waive or reduce all building permit fees for improvements to the home of a person at least 60 years of age with a qualifying disability that are made to accommodate that disability.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2132

Author:(Levine)

As Amended Ver:August 13, 2018

Majority vote

Original Committee Reference: L. GOV.

SUMMARY: Authorizes cities and counties to waive or reduce all building permit fees for improvements to the home of seniors with a qualifying disability that are made to accommodate that disability.

The Senate amendments expand the definition of "qualifying disability" to additionally include a mental disability, as defined, make a technical change, and add a co-author.

EXISTING LAW:

1. Provides that local governments have the constitutional power to make and enforce all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.
2. Allows the governing body of any county or city, including a charter city, to prescribe fees for permits (including building permits), certifications, or other forms or documents required or authorized by law or rules and regulations adopted pursuant to existing law.
3. Specifies that the amount of fees prescribed in 2), above, shall not exceed the amount reasonably required to administer or process these permits, certifications, or other forms or documents, or to defray the costs of enforcement required by existing law to be carried out by local enforcement, and shall not be levied for general revenue purposes. Requires the fees to be imposed pursuant to existing law that specifies the requirements and public noticing procedures for adopting various fees.
4. Authorizes cities and counties to waive or reduce all building permit fees for home improvements to the home of a veteran with a qualifying disability they received in connection to their service.

FISCAL EFFECT: None

COMMENTS:

1. Bill Summary. This bill allows a city or county to waive all building permit fees for improvements that are made to accommodate the home of a senior, at least 60 years of age, with a qualifying disability. Qualifying disability means a physical or mental disability. This bill also directs a local agency that opts to waive or reduce building fees, to adopt an ordinance to create a standardized application form that may be used to apply for the waiver or reduction, including the requirements for proof of a qualifying disability, as specified by Government Code Section 12926(j) and (m). This bill is sponsored by the author.
2. Author's Statement. According to the author, "California's elderly population is growing at a rapid rate. By 2030, the senior population is expected to reach an estimated 8.6 million. With such a large population it is important that steps are taken to alleviate the financial difficulties often associated with age. According to the 2016 study "Older Adult Falls Seen by Emergency Medical Service Providers" published in the American Journal of Preventative Medicine, falling is the leading cause for Emergency Medical Service visits among people age 65 and older. In addition, findings from the 2015 California Retirement Security for All Report show that 29% of the California aging population lives below 200% of the Federal Poverty Level. This legislation addresses the constraints of fixed incomes and higher incidents of injury among the elderly. AB 2132 would alleviate the financial burden of permit building fees for seniors with disabilities so that they will be able to alter their homes to better accommodate those disabilities."
3. Background on Building Permit Fees. Existing law states that local governments have the constitutional power to make and enforce all local, police, sanitary, and other ordinances and regulations not in conflict with general laws, and this power extends to regulation of the construction and occupancy of buildings. The governing body of any county or city, including a charter city, can prescribe fees for permits (including building permits), certifications, or other forms or documents required or authorized by law or rules and regulations adopted pursuant to existing law. Existing law says that the amount of fees shall not exceed the amount reasonably required to administer or process these permits, or to defray the costs of enforcement required by existing law to be carried out by local enforcement, and shall not be levied for general revenue purposes. Existing law provides the requirements and public noticing procedures that must be followed by local agencies to adopt various fees, including building permit fees.
4. Prior Legislation. AB 1592 (Olsen) of 2012, would have allowed the governing body of any city or county to grant financial assistance, relief, and support to disabled veterans by reducing or waiving building inspection or permit fees charged by the city or county for the modification of a dwelling owned by a disabled veteran for the purpose of making the dwelling more accessible. AB 1592 was not referred out of the Senate Rules Committee.

SB 330 (Berryhill), Chapter 281, Statutes of 2017, allows cities and counties to waive or reduce all building permit fees for home improvements to the home of a veteran with a qualifying disability they received in connection to their service.

1. Arguments in Support. Supporters argue that this effort will make it easier for seniors to deal with the housing crisis and help them make adjustments to their homes in order to be able to stay in them.
2. Arguments in Opposition. None on file.

Analysis Prepared by: Puja Navaney / L. GOV. / (916) 319-3958 FN: 0004008

 THIRD READING  

Bill No: AB 2132

Author: , et al.

Amended: 8/13/18 in Senate

Vote:

SENATE TRANS. & HOUSING COMMITTEE: 12-0, 6/12/18

AYES: Beall, Cannella, Allen, Dodd, Gaines, Galgiani, McGuire, Roth, Skinner, Vidak, Wieckowski, Wiener

NO VOTE RECORDED: Morrell

ASSEMBLY FLOOR: 73-0, 4/26/18 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill authorizes cities and counties to waive or reduce all building permit fees for improvements to the home of a senior with a qualifying disability that are made to accommodate that disability.

Senate Floor Amendments of 8/13/18 make a technical change and add a coauthor.

ANALYSIS:

Existing law:

1. Requires each locality to collect a fee from any applicant for a building permit, assessed at the rate of $4 per $100,000 in valuation, with appropriate fractions but not less than $1.
2. Prohibits the locality from retaining more than 10% of the fees collected for related administrative costs for code enforcement and requires transmitting the remainder to the Building Standards Commission for deposit in the Building Standards Administration Special Revolving Fund.
3. Permits the commission to reduce the rate of the fee upon determining that a lesser amount is sufficient to maintain the programs established.

This bill:

Authorizes cities and counties to waive or reduce all building permit fees for improvements to the home of a senior with a qualifying disability, that are made to accommodate that disability.

1. Requires the city or county to adopt an ordinance establishing a standard application form, including the requirements for proof of a qualifying disability.
2. Defines “qualifying disability” as a physical or mental disability as defined in existing law.

Comments

1. Purpose. The author states that California’s elderly population is growing at a rapid rate. According to a 2016 study published in the American Journal of Preventive Medicine, “Older Adult Falls Seen by Emergency Medical Service Providers,” falls are the leading cause of emergency medical service visits among individuals 65 and older. In addition, a report published in 2015 by California Retirement Security for All finds that 29% of California’s seniors lives below 200% of the poverty level. The author states that this bill would alleviate the financial burden of building permit fees for seniors with disabilities so they can alter their homes to better accommodate these disabilities.
2. What’s covered. SB 330 (Berryhill, Chapter 281, Statutes of 2017) allows a locality to waive or reduce building permit fees for improvements to the home of a disabled veteran. Those improvements could include converting steps to ramps, converting showers and bathtubs, adjusting countertop heights, vision or hearing improvements, adding wheelchair lifts, and widening door frames to be wheelchair accessible. This bill expands this waiver to seniors with disabilities. Similar to SB 330, this bill authorizes, not requires, localities to waive the fees – something localities can currently choose to do under existing law.
3. Need for the bill? Existing law authorizes building permit fees to be assessed at a rate of $4 per $100,000 in valuation. The author states, however, that all local permit fees far exceed that amount. The author notes that the City of Sausalito’s Age Friendly Home Adaptation Grant Program, which was launched earlier this year, has provided partial permit waivers to two applicants. The total permit fee for one project was $450, but was reduced to $301 under this program. A second project had a total cost of $770, which was reduced to $650. The author states that if Marin chose to adopt the program in this bill, fees could be waived even further. As noted above, localities are not prevented under existing law from adopting fee waiver programs — as shown by Sausalito’s decision to adopt the Age Friendly Home Adaptation Grant Program.
4. Concerns. The Association of Regional Center Agencies, which has taken a “support if amended” position, asks for an amendment to expand the bill to individuals of all ages who have a qualifying disability. The Commission on Aging states that this bill should limited to homeowners with incomes at or below the area median income. Since the bill authorizes, rather than requires, cities and counties to institute a fee waiver program, localities could opt in their own programs to expand them to all homeowners with disabilities, include a means test, or both.

Related/Prior Legislation

SB 330 (Berryhill, Chapter 281, Statutes of 2017) permitted a locality to waive or reduce all building permit fees for improvements to the home of a veteran with a qualifying disability that are made to accommodate that disability.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 8/13/18)

AARP

California Association for Health Services at Home

California Association of Area Agencies on Aging

California Building Industry Association

City of Sausalito

Disability Rights California

Marin County Commission on Aging

OPPOSITION: (Verified 8/13/18)

None received

ARGUMENTS IN SUPPORT: The California Building Industry Association states that this bill is a modest proposal to help some of California’s most vulnerable population deal with the housing crisis, helping them make adjustments to their homes in order to be able to stay in them.

ASSEMBLY FLOOR: 73-0, 4/26/18

AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Frazier, Friedman, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Travis Allen, Fong, Cristina Garcia, Gray, Rodriguez

Prepared by:

8/14/18 14:56:50

**** END ****

 THIRD READING  

Bill No: AB 2132

Author:

Amended: 6/13/18 in Senate

Vote:

SENATE TRANS. & HOUSING COMMITTEE: 12-0, 6/12/18

AYES: Beall, Cannella, Allen, Dodd, Gaines, Galgiani, McGuire, Roth, Skinner, Vidak, Wieckowski, Wiener

NO VOTE RECORDED: Morrell

ASSEMBLY FLOOR: 73-0, 4/26/18 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill authorizes cities and counties to waive or reduce all building permit fees for improvements to the home of a senior with a qualifying disability that are made to accommodate that disability.

ANALYSIS:

Existing law:

1. Requires each locality to collect a fee from any applicant for a building permit, assessed at the rate of $4 per $100,000 in valuation, with appropriate fractions but not less than $1.
2. Prohibits the locality from retaining more than 10% of the fees collected for related administrative costs for code enforcement and requires transmitting the remainder to the Building Standards Commission for deposit in the Building Standards Administration Special Revolving Fund.
3. Permits the commission to reduce the rate of the fee upon determining that a lesser amount is sufficient to maintain the programs established.

This bill:

Authorizes cities and counties to waive or reduce all building permit fees for improvements to the home of a senior with a qualifying disability, that are made to accommodate that disability.

1. Requires the city or county to adopt an ordinance establishing a standard application form, including the requirements for proof of a qualifying disability.
2. Defines “qualifying disability” as a physical or mental disability as defined in existing law.

Comments

1. Purpose. The author states that California’s elderly population is growing at a rapid rate. According to a 2016 study published in the American Journal of Preventive Medicine, “Older Adult Falls Seen by Emergency Medical Service Providers,” falls are the leading cause of emergency medical service visits among individuals 65 and older. In addition, a report published in 2015 by California Retirement Security for All finds that 29% of California’s seniors lives below 200% of the poverty level. The author states that this bill would alleviate the financial burden of building permit fees for seniors with disabilities so they can alter their homes to better accommodate these disabilities.
2. What’s covered. SB 330 (Berryhill, Chapter 281, Statutes of 2017) allows a locality to waive or reduce building permit fees for improvements to the home of a disabled veteran. Those improvements could include converting steps to ramps, converting showers and bathtubs, adjusting countertop heights, vision or hearing improvements, adding wheelchair lifts, and widening door frames to be wheelchair accessible. This bill expands this waiver to seniors with disabilities. Similar to SB 330, this bill authorizes, not requires, localities to waive the fees – something localities can currently choose to do under existing law.
3. Need for the bill? Existing law authorizes building permit fees to be assessed at a rate of $4 per $100,000 in valuation. The author states, however, that all local permit fees far exceed that amount. The author notes that the City of Sausalito’s Age Friendly Home Adaptation Grant Program, which was launched earlier this year, has provided partial permit waivers to two applicants. The total permit fee for one project was $450, but was reduced to $301 under this program. A second project had a total cost of $770, which was reduced to $650. The author states that if Marin chose to adopt the program in this bill, fees could be waived even further. As noted above, localities are not prevented under existing law from adopting fee waiver programs – as shown by Sausalito’s decision to adopt the Age Friendly Home Adaptation Grant Program.
4. Concerns. The Association of Regional Center Agencies, which has taken a “support if amended” position, asks for an amendment to expand the bill to individuals of all ages who have a qualifying disability. The Commission on Aging states that this bill should limited to homeowners with incomes at or below the area median income. Since the bill authorizes, rather than requires, cities and counties to institute a fee waiver program, localities could opt in their own programs to expand them to all homeowners with disabilities, include a means test, or both.

Related/Prior Legislation

SB 330 (Berryhill, Chapter 281, Statutes of 2017) permitted a locality to waive or reduce all building permit fees for improvements to the home of a veteran with a qualifying disability that are made to accommodate that disability.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 6/12/18)

AARP

California Association for Health Services at Home

California Association of Area Agencies on Aging

California Building Industry Association

City of Sausalito

Disability Rights California

Marin County Commission on Aging

OPPOSITION: (Verified 6/12/18)

None received

ARGUMENTS IN SUPPORT: The California Building Industry Association states that this bill is a modest proposal to help some of California’s most vulnerable population deal with the housing crisis, helping them make adjustments to their homes in order to be able to stay in them.

ASSEMBLY FLOOR: 73-0, 4/26/18

AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Frazier, Friedman, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Travis Allen, Fong, Cristina Garcia, Gray, Rodriguez

Prepared by:

6/13/18 14:43:07

**** END ****

SENATE COMMITTEE ON TRANSPORTATION AND HOUSING

Senator Jim Beall, Chair

2017 - 2018 Regular

Bill No: Hearing Date: 6/12/2018

SUBJECT:

DIGEST: This bill authorizes cities and counties to waive or reduce all building permit fees for improvements to the home of a senior with a qualifying disability that are made to accommodate that disability.

ANALYSIS:

Existing law:

1. Requires each locality to collect a fee from any applicant for a building permit, assessed at the rate of $4 per $100,000 in valuation, with appropriate fractions but not less than $1.
2. Prohibits the locality from retaining more than 10% of the fees collected for related administrative costs for code enforcement and requires transmitting the remainder to the Building Standards Commission for deposit in the Building Standards Administration Special Revolving Fund.
3. Permits the commission to reduce the rate of the fee upon determining that a lesser amount is sufficient to maintain the programs established.

This bill:

Authorizes cities and counties to waive or reduce all building permit fees for improvements to the home of a senior with a qualifying disability, that are made to accommodate that disability.

1. Requires the city or county to adopt an ordinance establishing a standard application form, including the requirements for proof of a qualifying disability.
2. Defines “qualifying disability” as a physical disability as defined in existing law.

COMMENTS

1. Purpose. The author states that California’s elderly population is growing at a rapid rate. According to a 2016 study published in the American Journal of Preventive Medicine, “Older Adult Falls Seen by Emergency Medical Service Providers,” falls are the leading cause of emergency medical service visits among individuals 65 and older. In addition, a report published in 2015 by California Retirement Security for All finds that 29% of California’s seniors lives below 200% of the poverty level. The author states that this bill would alleviate the financial burden of building permit fees for seniors with disabilities so they can alter their homes to better accommodate these disabilities.
2. What’s covered. SB 330 of 2017, which this committee approved last year, allows a locality to waive or reduce building permit fees for improvements to the home of a disabled veteran. Those improvements could include converting steps to ramps, converting showers and bathtubs, adjusting countertop heights, vision or hearing improvements, adding wheelchair lifts, and widening door frames to be wheelchair accessible. This bill expands this waiver to seniors with disabilities. Similar to SB 330, this bill would authorize, not require, localities to waive the fees – something localities can currently choose to do under existing law.
3. Need for the bill? Existing law authorizes building permit fees to be assessed at a rate of $4 per $100,000 in valuation. The author states, however, that all local permit fees far exceed that amount. The author notes that the City of Sausalito’s Age Friendly Home Adaptation Grant Program, which was launched earlier this year, has provided partial permit waivers to two applicants. The total permit fee for one project was $450, but was reduced to $301 under this program. A second project had a total cost of $770, which was reduced to $650. The author states that if Marin chose to adopt the program in this bill, fees could be waived even further. As noted above, localities are not prevented under existing law from adopting fee waiver programs – as shown by Sausalito’s decision to adopt the Age Friendly Home Adaptation Grant Program.
4. Concerns. The Association of Regional Center Agencies, which has taken a “support if amended” position, asks for an amendment to expand the bill to individuals of all ages who have a qualifying disability. The Commission on Aging states that this bill should limited to homeowners with incomes at or below the area median income. Since the bill authorizes, rather than requires, cities and counties to institute a fee waiver program, localities could opt in their own programs to expand them to all homeowners with disabilities, include a means test, or both.
5. Amendments. Disability Rights California, which supported the introduced version of this bill, raised concerns with the April 16^th amendments, which limited qualifying disabilities to physical disabilities. The author has agreed to accept amendments to clarify that this bill applies to both physical and mental disabilities, as defined in subdivisions (j) and (m) of Section 12926 of the Government Code.

Related Legislation:

SB 330 (Berryhill, Chapter 281, Statutes of 2017) — permitted a locality to waive or reduce all building permit fees for improvements to the home of a veteran with a qualifying disability that are made to accommodate that disability.

Assembly Votes:

Floor: 73-0

Loc Gov: 9-0

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

POSITIONS: (Communicated to the committee before noon on Wednesday,

June 6, 2018.)

SUPPORT:

AARP

California Association for Health Services at Home

California Association of Area Agencies on Aging

California Building Industry Association

City of Sausalito

Disability Rights California

Marin County Commission on Aging

OPPOSITION:

None received.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 2132

Author:(Levine)

As Amended Ver:April 16, 2018

Majority vote

SUMMARY: Authorizes cities and counties to waive or reduce all building permit fees for improvements to the home of seniors with a qualifying disability that are made to accommodate that disability. Specifically, this bill:

1. Allows each city, county, or city and county to waive or reduce all building permit fees for improvements that are made to accommodate the home of a senior, at least 60 years of age, with a qualifying disability.
2. Instructs a local agency that opts to waive or reduce building fees, to adopt an ordinance to establish a standardized application form that can be used to apply for the waiver or reduction, including the requirements for proof of a qualifying disability.
3. Defines "qualifying disability" to mean a physical disability as defined in Government Code Section 12926(m).

EXISTING LAW:

1. Provides that local governments have the constitutional power to make and enforce all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.
2. Allows the governing body of any county or city, including a charter city, to prescribe fees for permits (including building permits), certifications, or other forms or documents required or authorized by law or rules and regulations adopted pursuant to existing law.
3. Specifies that the amount of fees prescribed in 2), above, shall not exceed the amount reasonably required to administer or process these permits, certifications, or other forms or documents, or to defray the costs of enforcement required by existing law to be carried out by local enforcement, and shall not be levied for general revenue purposes. Requires the fees to be imposed pursuant to existing law that specifies the requirements and public noticing procedures for adopting various fees.
4. Authorizes cities and counties to waive or reduce all building permit fees for home improvements to the home of a veteran with a qualifying disability they received in connection to their service.

FISCAL EFFECT: None

COMMENTS:

1. Bill Summary. This bill allows a city or county to waive all building permit fees for improvements that are made to accommodate the home of a senior, at least 60 years of age, with a qualifying disability. This bill also directs a local agency that opts to waive or reduce building fees, to adopt an ordinance to create a standardized application form that can be used to apply for the waiver or reduction, including the requirements for proof of a qualifying disability as determined by Government Code Section 12926(m). This bill is sponsored by the author.
2. Author's Statement. According to the author, "California's elderly population is growing at a rapid rate. By 2030, the senior population is expected to reach an estimated 8.6 million. With such a large population it is important that steps are taken to alleviate the financial difficulties often associated with age. According to the 2016 study "Older Adult Falls Seen by Emergency Medical Service Providers" published in the American Journal of Preventative Medicine, falling is the leading cause for Emergency Medical Service visits among people age 65 and older. In addition, findings from the 2015 California Retirement Security for All Report show that 29% of the California aging population lives below 200% of the Federal Poverty Level. This legislation addresses the constraints of fixed incomes and higher incidents of injury among the elderly. AB 2132 would alleviate the financial burden of permit building fees for seniors with disabilities so that they will be able to alter their homes to better accommodate those disabilities."
3. Background on Building Permit Fees. Existing law states that local governments have the constitutional power to make and enforce all local, police, sanitary, and other ordinances and regulations not in conflict with general laws, and this power extends to regulation of the construction and occupancy of buildings. The governing body of any county or city, including a charter city, can prescribe fees for permits (including building permits), certifications, or other forms or documents required or authorized by law or rules and regulations adopted pursuant to existing law. Existing law says that the amount of fees shall not exceed the amount reasonably required to administer or process these permits, or to defray the costs of enforcement required by existing law to be carried out by local enforcement, and shall not be levied for general revenue purposes. Existing law provides the requirements and public noticing procedures that must be followed by local agencies to adopt various fees, including building permit fees.
4. Prior Legislation. AB 1592 (Olsen) of 2012, would have allowed the governing body of any city or county to grant financial assistance, relief, and support to disabled veterans by reducing or waiving building inspection or permit fees charged by the city or county for the modification of a dwelling owned by a disabled veteran for the purpose of making the dwelling more accessible. This bill was not referred out of the Senate Rules Committee.

SB 330 (Berryhill), Chapter 281, Statutes of 2017, allows cities and counties to waive or reduce all building permit fees for home improvements to the home of a veteran with a qualifying disability they received in connection to their service.

1. Arguments in Support. Supporters argue that this effort will make it easier for seniors to deal with the housing crisis and help them make adjustments to their homes in order to be able to stay in them.
2. Arguments in Opposition. None on file.

Analysis Prepared by: Debbie Michel / Puja Navaney / L. GOV. / (916) 319-3958 FN: 0002713

Date of Hearing: April 11, 2018

ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT

Cecilia Aguiar-Curry, Chair

ABPCA Bill Id:AB 2132 (

Author:Levine) – As Introduced Ver:February 12, 2018

SUBJECT: Building permit fees: waiver.

SUMMARY: Authorizes cities and counties to waive or reduce all building permit fees for improvements to the home of seniors with a qualifying disability that are made to accommodate that disability. Specifically, this bill:

1. Allows each city, county, or city and county to waive or reduce all building permit fees for improvements that are made to accommodate the home of a senior, at least 60 years of age, with a qualifying disability.
2. Defines “qualifying disability” to mean a disability that is recognized by the Community Development Department or by the Department of Housing and Community Development (HCD).
3. Instructs HCD to create a standardized application form that can be used to apply for this program, including the requirements for proof of a qualifying disability.

EXISTING LAW:

1. Provides that local governments have the constitutional power to make and enforce all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.
2. Allows the governing body of any county or city, including a charter city, to prescribe fees for permits (including building permits), certifications, or other forms or documents required or authorized by law or rules and regulations adopted pursuant to existing law.
3. Specifies that the amount of fees prescribed in 2), above, shall not exceed the amount reasonably required to administer or process these permits, certifications, or other forms or documents, or to defray the costs of enforcement required by existing law to be carried out by local enforcement, and shall not be levied for general revenue purposes. Requires the fees to be imposed pursuant to existing law that specifies the requirements and public noticing procedures for adopting various fees.
4. Authorizes cities and counties to waive or reduce all building permit fees for home improvements to the home of a veteran with a qualifying disability they received in connection to their service.

FISCAL EFFECT: This bill is keyed fiscal.

COMMENTS:

1. Bill Summary. This bill allows a city or county to waive all building permit fees for improvements that are made to accommodate the home of a senior, at least 60 years of age, with a qualifying disability. This bill also directs HCD to create a standardized application form that can be used to apply for this program, including the requirements for proof of a qualifying disability, as determined by HCD. This bill is sponsored by the author.
2. Author’s Statement. According to the author, “California’s elderly population is growing at a rapid rate. By 2030, the senior population is expected to reach an estimated 8.6 million. With such a large population it is important that steps are taken to alleviate the financial difficulties often associated with age. According to the 2016 study “Older Adult Falls Seen by Emergency Medical Service Providers” published in the American Journal of Preventative Medicine, falling is the leading cause for Emergency Medical Service visits among people age 65 and older. In addition, findings from the 2015 California Retirement Security for All Report show that 29% of the California aging population lives below 200% of the Federal Poverty Level. This legislation addresses the constraints of fixed incomes and higher incidents of injury among the elderly. AB 2132 would alleviate the financial burden
   of permit building fees for seniors with disabilities so that they will be able to alter their homes to better accommodate those disabilities.”
3. Background on Building Permit Fees. Existing law states that local governments have the constitutional power to make and enforce all local, police, sanitary, and other ordinances and regulations not in conflict with general laws, and this power extends to regulation of the construction and occupancy of buildings. The governing body of any county or city, including a charter city, can prescribe fees for permits (including building permits), certifications, or other forms or documents required or authorized by law or rules and regulations adopted pursuant to existing law. Existing law says that the amount of fees shall not exceed the amount reasonably required to administer or process these permits, or to defray the costs of enforcement required by existing law to be carried out by local enforcement, and shall not be levied for general revenue purposes. Existing law provides the requirements and public noticing procedures that must be followed by local agencies to adopt various fees, including building permit fees.
4. Prior Legislation. AB 1592 (Olsen) of 2012, would have allowed the governing body
   of any city or county to grant financial assistance, relief, and support to disabled veterans
   by reducing or waiving building inspection or permit fees charged by the city or county for the modification of a dwelling owned by a disabled veteran for the purpose of making the dwelling more accessible. This bill was not referred out of the Senate Rules Committee.

SB 330 (Berryhill), Chapter 281, Statutes of 2017, allows cities and counties to waive or reduce all building permit fees for home improvements to the home of a veteran with a qualifying disability they received in connection to their service.

1. Policy Considerations. The Committee may wish to consider the following:
2. Incorrect References. This bill defines a “qualifying disability” to mean a disability that is recognized by the Community Development Department or by HCD. However, it does not explain whether this term means a local Community Development Department. Additionally, HCD does not maintain a running list of disabilities that it recognizes.
3. Lack of Clarity. The bill is unclear about what types of disability it actually covers.
   No clear distinction is made with regard to whether the bill applies to people with physical disabilities, mental disabilities, or both.
4. Unclear in Its Implementation Process. The bill language does not establish clear parameters as to how the reducing or waiving of fees would work, should a city or county choose to implement it.
5. Committee Amendments. In order to address the issues raised above, the Committee may wish to consider amending the bill as follows:
   1. Notwithstanding Section 17951, each city, county, or city and county may waive or reduce all building permit fees for improvements to the home of a person at least 60 years of age with a qualifying disability that are made to accommodate that disability.

(b) A local agency that opts to waive or reduce building fees pursuant to subdivision (a) shall adopt an ordinance to establish a standardized application form that can be used to apply for the waiver or reduction, including the requirements for proof of a qualifying disability.

(cb) “Qualifying disability” means a physical disability as defined in subdivision (m) of Government Code Section 12926. that is recognized by the Community Development Department or by the Department of Housing and Community Development with proof of the disability provided as required in subdivision (c).

(c)The Department of Housing and Community Development shall prepare a standardized application form that can be used to apply for this program, including the requirements for proof of a qualifying disability.

1. Arguments in Support. Supporters argue that this effort will make it easier for seniors to deal with the housing crisis and help them make adjustments to their homes in order to be able to stay in them.
2. Arguments in Opposition. None on file.

REGISTERED SUPPORT / OPPOSITION:

Support

Association of Regional Center Agencies (if amended)

California Building Industry Association

California Association for Health Services at Home

California Association of Area Agencies on Aging

Disability Rights California

Opposition

None on file

Analysis Prepared by: Debbie Michel / Puja Navaney / L. GOV. / (916) 319-3958