SB 330: Building permit fees: waiver.
- Session Year: 2017-2018
- House: Senate
- Latest Version Date: 2017-09-25
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 veteran 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 veteran 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 in the case of a veteran who has a service-connected disability, as recognized by the United States Department of Veterans Affairs, and is making improvements to his or her home for improvements to the home of a veteran with a qualifying disability that are made to accommodate that disability.
Existing law requires each city, county, or city and county to collect a fee from any applicant for a building permit, assessed at the rate of $4 per $100,000 in valuation, as determined by the local building official, as specified.
This bill would authorize these entities to waive all building permit fees in the case of a veteran who has a service-connected disability disability, as recognized by the United States Department of Veterans Affairs, and is making improvements to his or her home to accommodate that disability.
Existing law requires each city, county, or city and county to collect a fee from any applicant for a building permit, assessed at the rate of $4 per $100,000 in valuation, as determined by the local building official, as specified.
This bill would authorize these entities to waive all building permit fees in the case of a veteran who has a service-connected disability and is making improvements to his or her home to accommodate that disability.
(a)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 veteran with a qualifying disability that are made to accommodate that disability.
(b)Qualifying disability means a disability that is recognized as service connected by the United States Department of Veterans Affairs.
(a)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 veteran with a qualifying disability that are made to accommodate that disability.
(b)Qualifying disability means a disability that is recognized as service connected by the United States Department of Veterans Affairs.
(a)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 veteran with a qualifying disability that are made to accommodate that disability.
(b)Qualifying disability means a disability that is recognized as service connected by the United States Department of Veterans Affairs.
SECTION 1.Section 18931.6 of the Health and Safety Code is amended to read:18931.6.(a)Each city, county, or city and county shall collect a fee from any applicant for a building permit, assessed at the rate of four dollars ($4) per one hundred thousand dollars ($100,000) in valuation, as determined by the local building official, with appropriate fractions thereof, but not less than one dollar ($1).(b)The city, county, or city and county may retain not more than 10 percent of the fees collected under this section for related administrative costs and for code enforcement education, including, but not limited to, certifications in the voluntary construction inspector certification program, and shall transmit the remainder to the commission for deposit in the Building Standards Administration Special Revolving Fund established under Section 19831.7.(c)The commission may reduce the rate of the fee upon determining that a lesser amount is sufficient to maintain the programs established under this part.(d)(1)Notwithstanding any other law, each city, county, or city and county may waive all building permit fees for improvements to the home of a veteran with a qualifying disability that are to made to accommodate that disability.(2)Qualifying disability means a disability that is recognized as service connected by the United States Department of Veterans Affairs.(a)Each city, county, or city and county shall collect a fee from any applicant for a building permit, assessed at the rate of four dollars ($4) per one hundred thousand dollars ($100,000) in valuation, as determined by the local building official, with appropriate fractions thereof, but not less than one dollar ($1).
(b)The city, county, or city and county may retain not more than 10 percent of the fees collected under this section for related administrative costs and for code enforcement education, including, but not limited to, certifications in the voluntary construction inspector certification program, and shall transmit the remainder to the commission for deposit in the Building Standards Administration Special Revolving Fund established under Section 19831.7.
(c)The commission may reduce the rate of the fee upon determining that a lesser amount is sufficient to maintain the programs established under this part.
(d)(1)Notwithstanding any other law, each city, county, or city and county may waive all building permit fees for improvements to the home of a veteran with a service-connected qualifying disability that are to made to accommodate that disability.
(2)Qualifying disability means a disability that is recognized as service connected by the United States Department of Veterans Affairs.
(a)Each city, county, or city and county shall collect a fee from any applicant for a building permit, assessed at the rate of four dollars ($4) per one hundred thousand dollars ($100,000) in valuation, as determined by the local building official, with appropriate fractions thereof, but not less than one dollar ($1).
(b)The city, county, or city and county may retain not more than 10 percent of the fees collected under this section for related administrative costs and for code enforcement education, including, but not limited to, certifications in the voluntary construction inspector certification program, and shall transmit the remainder to the commission for deposit in the Building Standards Administration Special Revolving Fund established under Section 19831.7.
(c)The commission may reduce the rate of the fee upon determining that a lesser amount is sufficient to maintain the programs established under this part.
(d)Notwithstanding any other law, each city, county, or city and county may waive all building permit fees for improvements to the home of a veteran with a service-connected disability that are to made to accommodate that disability.
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Date
|
Status
|
|---|---|
| Sep 25, 2017 | Chaptered by Secretary of State. Chapter 281, Statutes of 2017. |
| Sep 25, 2017 | Approved by the Governor. |
| Sep 6, 2017 | Enrolled and presented to the Governor at 3 p.m. |
| Aug 31, 2017 | Assembly amendments concurred in. (Ayes 37. Noes 0.) Ordered to engrossing and enrolling. |
| Aug 29, 2017 | Ordered to special consent calendar. |
| Aug 24, 2017 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 24, 2017 | Read third time. Passed. Ordered to the Senate. |
| Jul 20, 2017 | Read second time. Ordered to consent calendar. |
| Jul 19, 2017 | From committee: Do pass. Ordered to consent calendar. (Ayes 16. Noes 0.) (July 19). |
| Jul 12, 2017 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (July 11). Re-referred to Com. on APPR. |
| Jul 3, 2017 | Read second time and amended. Re-referred to Com. on V.A. |
| Jun 29, 2017 | From committee: Do pass as amended and re-refer to Com. on V.A. (Ayes 9. Noes 0.) (June 28). |
| Jun 1, 2017 | Referred to Coms. on L. GOV. and V.A. |
| May 16, 2017 | In Assembly. Read first time. Held at Desk. |
| May 15, 2017 | Read third time. Passed. (Ayes 39. Noes 0. Page 1066.) Ordered to the Assembly. |
| May 9, 2017 | Read second time. Ordered to third reading. |
| May 8, 2017 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| May 4, 2017 | Set for hearing May 15. |
| May 3, 2017 | May 8 hearing postponed by committee. |
| May 1, 2017 | Set for hearing May 8. |
| Apr 26, 2017 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0. Page 830.) (April 25). Re-referred to Com. on APPR. |
| Apr 18, 2017 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on V.A. |
| Apr 7, 2017 | Set for hearing April 25. |
| Mar 28, 2017 | From committee: Do pass and re-refer to Com. on V.A. with recommendation: To consent calendar. (Ayes 12. Noes 0.) (March 28). Re-referred to Com. on V.A. |
| Mar 21, 2017 | Set for hearing March 28. |
| Feb 23, 2017 | Referred to Coms. on T. & H. and V.A. |
| Feb 14, 2017 | From printer. May be acted upon on or after March 16. |
| Feb 13, 2017 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 31, 2017 | Special Consent Calendar # SB330 | Senate Floor |
Passed |
|
| Aug 24, 2017 | SB 330 Berryhill, T. Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Jul 19, 2017 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jul 11, 2017 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Veterans Affairs |
Passed |
|
| Jun 28, 2017 | Do pass as amended and be re-referred to the Committee on [Veterans Affairs] | Assembly Standing Committee on Local Government |
Passed |
|
| May 15, 2017 | Senate 3rd Reading SB330 Berryhill | Senate Floor |
Passed |
|
| Apr 25, 2017 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Veterans Affairs |
Passed |
|
| Mar 28, 2017 | Do pass, but first be re-referred to the Committee on [Veterans Affairs] with the recommendation: To Consent Calendar | Senate Standing Committee on Transportation and Housing |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| American G.I. Forum of California | ** Support | Jul 10, 2017 |
| American Legion-Department of California | ** Support | Jul 10, 2017 |
| AMVETS-Department of California | ** Support | Jul 10, 2017 |
| California Association Of County Veterans Service Officers | * Support | Jul 11, 2017 |
| California Council of Chapters | ** Support | Jul 10, 2017 |
| California State Commanders Veterans Council | ** Support | Jul 10, 2017 |
| Disability Rights California | ** Support | Apr 24, 2017 |
| Military Officers Association of America | ** Support | Jul 10, 2017 |
| Rural County Representatives of California | ** Support | Jul 10, 2017 |
| Vietnam Veterans of America-California State Council | ** Support | Jul 10, 2017 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
UNFINISHED BUSINESS
Bill No: SB 330
:
SENATE TRANS. & HOUSING COMMITTEE: 12-0, 3/28/17
AYES: Beall, Cannella, Allen, Atkins, Bates, McGuire, Mendoza, Morrell, Roth, Skinner, Wieckowski, Wiener
NO VOTE RECORDED: Gaines
SENATE VETERANS AFFAIRS COMMITTEE: 6-0, 4/25/17
AYES: Newman, Nielsen, Dodd, Hueso, Roth, Wilk
NO VOTE RECORDED: Nguyen
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 39-0, 5/15/17
AYES: Allen, Anderson, Atkins, Bates, Beall, Berryhill, Bradford, Cannella, De León, Dodd, Fuller, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Newman, Nguyen, Nielsen, Pan, Portantino, Roth, Skinner, Stern, Stone, Wieckowski, Wiener, Wilk
NO VOTE RECORDED: Vidak
ASSEMBLY FLOOR: 76-0, 8/24/17 (Consent) - See last page for vote
DIGEST:
This bill permits 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 Amendments
move the text of the bill to the State Housing Law, which deal with the regulation of buildings used for human habitation.
ANALYSIS: Existing law authorizes cities and counties to prescribe fees for permits required or authorized pursuant to the State Housing Law.
This bill:
- Authorizes cities and counties 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.
- Defines “qualifying disability” to mean a disability that is recognized as service connected by the United States Department of Veterans Affairs.
Comments:
- Purpose. According to the author, veterans who serve their country honorably cannot prepare for the potential injuries they might sustain during their service. This bill simply authorizes these entities to waive all building permit fees in the case of a veteran who has a service-related disability and is making improvements to his or her home to accommodate that disability. This bill is permissive, and does not require a city or county entity to waive fees in all cases, simply allows them to do so at their discretion.
- What this bill covers. According to the author, the cost of building permits likely varies widely by city and/or county but the intent of this bill is to lighten the financial burden since the building permit is just one piece of the total cost of the improvement. When asked, the author’s office was unable to provide any estimates or even a range of what these building permits cost. Some improvements that could be covered under this bill include: converting steps to ramps, converting showers and bathtubs, countertop height, vision or hearing improvements, adding wheelchair lifts, and widening door frames to be wheelchair accessible.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Assembly Appropriations Committee:
- Negligible potential revenue losses to the Building Standards Commission. (Building Standards Administration Special Revolving Fund)
- Unknown revenue losses to cities and counties to the extent they waive fees. This is an optional activity for cities and counties and is therefore not reimbursable by the state.
None received
OPPOSITION: (Verified 8/25/17)
None received
ASSEMBLY FLOOR: 76-0, 8/24/17
AYES: Acosta, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Aguiar-Curry, Travis Allen, McCarty
8/25/17 11:36:27
**** END ****
Date of Hearing: July 19, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
SBPCA Bill Id:SB 330
Author:(Berryhill) – As Amended Ver:July 3, 2017
Policy Committee: | Local Government | Vote: | 9 - 0 |
Veterans Affairs | 9 - 0 | ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill authorizes cities and counties 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. The bill defines “qualifying disability” to mean a disability that is recognized as service connected by the United States Department of Veterans Affairs (VA).
FISCAL EFFECT:
- Negligible potential revenue losses to the Building Standards Commission (BSC). (Building Standards Administration Special Revolving Fund)
- Unknown revenue losses to cities and counties to the extent they waive fees. This is an optional activity for cities and counties and is therefore not reimbursable by the state.
COMMENTS:
- Purpose. According to the author, “Veterans who serve their country honorably cannot prepare for the potential injuries they might sustain during their service. SB 330 would simply authorize these entities to waive all building permit fees in the case of a veteran who has a service-connected disability and is making improvements to his or her home to accommodate that disability. The bill is permissive, and does not require a city or county entity to waive fees in all cases, it simply allows them to do so at their discretion.”
The bill seeks to make it easier and less costly for disabled veterans to make necessary changes in their homes to allow them to live independently and stay in their homes.
- Background. About 250,000 veterans in California receive monthly VA disability compensation for medical conditions related to their service in uniform. Family members of about 52,000 veterans qualify for monthly VA payments as the survivors of disabled veterans or pension recipients.
Existing law requires cities and counties to collect a fee from building permit applicants that is assessed at a rate of $4 per $100,000 in valuation, and authorizes local building officials to charge the fee at an appropriate fraction, but not less than $1. Cities and counties may retain up to 10% of the fees for their administrative costs and code enforcement education efforts, and the remainder is transmitted to the BSC for deposit into the Building Standards Administration Special Revolving Fund.
- Prior Legislation. AB 1592 (Olsen), of the 2011-12 Legislative Session, would have allowed a 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 never referred out of the Senate Rules Committee.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: July 11, 2017
ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
Jacqui Irwin, Chair
SBPCA Bill Id:SB 330
Author:(Berryhill) – As Amended Ver:April 18, 2017
SENATE VOTE: 39-0
SUBJECT: Building permit fees: waiver
SUMMARY: Authorizes cities and counties 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. Specifically, this bill:
- Allows, notwithstanding any other law, each city, county, or city and county to waive all building permit fees for improvements to the home of a veteran with a qualifying disability that are made to accommodate that disability.
- Defines “qualifying disability” to mean a disability that is recognized as service connected by the United States Department of Veterans Affairs.
EXISTING LAW: Authorizes cities and counties to prescribe fees for permits required or authorized pursuant to the State Housing Law.
FISCAL EFFECT: According to the Senate Appropriations Committee, this bill contains negligible state costs pursuant to Rule 28.8.
COMMENTS: This bill allows local governments the opportunity to waive or reduce any building permit fees to disabled military veterans seeking to modify their household to accommodate their disability.
Not all military service-related issues end when people are discharged from active duty. About 250,000 veterans in California receive monthly VA disability compensation for medical conditions related to their service in uniform. Family members of about 52,000 veterans qualify for monthly VA payments as the survivors of disabled veterans or pension recipients.
According to the author:
Veterans who serve their country honorably cannot prepare for the potential injuries they might sustain during their service. SB 330 would simply authorize these entities to waive or reduce any building permit fees in the case of a veteran who has a service-connected disability and is making improvements to his or her home to accommodate that disability. The bill is permissive, and does not require a city or county entity to waive fees in all cases, simply allows them to do so at their discretion.
The argument in support of this bill is that it will make it easier and less costly for disabled veterans to make necessary changes in their homes to allow them to live independently and stay in their homes.
The argument in opposition of this bill is that while this bill is permissive and does not require all local governments to reduce or waive fees, there is some question about whether legislation is needed to allow local governments to waive or reduce fees.
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.
REGISTERED SUPPORT / OPPOSITION:
Support
American G.I. Forum of California
American Legion-Department of California
AMVETS-Department of California
California Association of County Veterans Service Officers
California State Commanders Veterans Council
Military Officers Association of America
California Council of Chapters
Rural County Representatives of California
Vietnam Veterans of America-California State Council
Opposition
None on File.
Analysis Prepared by: Jenny Callison / V.A. / (916) 319-3550
Date of Hearing: June 28, 2017
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Cecilia Aguiar-Curry, Chair
SBPCA Bill Id:SB 330
Author:(Berryhill) – As Amended Ver:April 18, 2017
SENATE VOTE: 39-0
SUBJECT: Building permit fees: waiver.
SUMMARY: Allows a city or county to waive all building permit fees for improvements to the home of a veteran with a qualifying disability that are made to accommodate that disability. Specifically, this bill:
- Allows, notwithstanding any other law, each city, county, or city and county to waive all building permit fees for improvements to the home of a veteran with a qualifying disability that are made to accommodate that disability.
- Defines “qualifying disability” to mean a disability that is recognized as service connected by the United States Department of Veterans Affairs.
EXISTING LAW:
- 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; this power extends to regulation of the construction and occupancy of buildings.
- 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.
- 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.
- Allows the board of supervisors of any county or the legislative body of any city to grant financial assistance, relief, and support to indigent veterans, and specifies that such assistance, relief, and support shall be administered through and by any military, naval, or marine organization created for the purpose of aiding, relieving and supporting such veterans.
FISCAL EFFECT: According to the Senate Appropriations Committee, this bill contains negligible state costs pursuant to Rule 28.8
COMMENTS:
- Bill Summary. This bill allows a city or county to waive all building permit fees for improvements to the home of a veteran with a qualifying disability that are made to accommodate that disability. The bill is an author-sponsored measure.
- Author’s Statement. According to the author, “Veterans who serve their country honorably cannot prepare for the potential injuries they might sustain during their service. SB 330 would simply authorize these entities to waive all building permit fees in the case of a veteran who has a service-connected disability and is making improvements to his or her home to accommodate that disability. The bill is permissive, and does not require a city or county entity to waive fees in all cases, it simply allows them to do so at their discretion.”
- 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.
- 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.
- Policy Considerations. The Committee may wish to consider the following:
- Incorrect code placement. This bill is amending a section of law dealing with requirements for a city or county to collect a $4 fee from any applicant for a building permit, per each $100,000 of assessed valuation, which is deposited in the Building Standards Administration Special Revolving Fund, available to the Building Standards Commission, upon appropriation, for the purpose of funding the development of building standards, with emphasis on the development, adoption, publication, updating, and educational efforts associated with green building standards.
As the author intends to allow local agencies to waive ALL building permit fees, the bill’s provisions should be placed in a more general section about building permit fees, and not in its current location. Health and Safety Code Section 17951 allows local agencies to charge building permit fees, and provides the parameters of charging such permit fees.
- Technical corrections. The bill has an extra word under subdivision (d)(1) that needs to be removed. Additionally, the author may wish to allow local jurisdictions, in addition to waiving building permits fees, to allow cities and counties to “reduce” building permit fees.
- Committee Amendments. In order to address the issues raised above, the Committee may wish to consider amending the bill as follows:
Strike existing bill contents and add new Section 17951.5 to the Health and Safety Code, as follows:
- 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 veteran with a qualifying disability that are made to accommodate that disability.
- “Qualifying disability” means a disability that is recognized as service-connected by the United States Department of Veterans Affairs.
- Arguments in Support. Supporters argue that this effort will make it easier and less costly for disabled veterans to make necessary changes in their homes to allow them to live independently and stay in their homes.
- Arguments in Opposition. None on file.
- Double-referral. This bill is double-referred to the Veterans Affairs Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
American G.I. Forum of California
American Legion-Department of California
AMVETS-Department of California
California Association of County Veterans Service Officers
California State Commanders Veterans Council
Military Officers Association of America
California Council of Chapters
Rural County Representatives of California
Vietnam Veterans of America-California State Council
Opposition
None on file
Analysis Prepared by: Debbie Michel / L. GOV. / (916) 319-3958
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
THIRD READING
Bill No: SB 330
:
SENATE TRANS. & HOUSING COMMITTEE: 12-0, 3/28/17
AYES: Beall, Cannella, Allen, Atkins, Bates, McGuire, Mendoza, Morrell, Roth, Skinner, Wieckowski, Wiener
NO VOTE RECORDED: Gaines
SENATE VETERANS AFFAIRS COMMITTEE: 6-0, 4/25/17
AYES: Newman, Nielsen, Dodd, Hueso, Roth, Wilk
NO VOTE RECORDED: Nguyen
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
DIGEST:
This bill permits a locality to waive all building permit fees for improvements to the home of a veteran with a service-connected disability that are made to accommodate that disability.
Existing law:
- 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.
- Prohibits the locality form 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 (the Commission) for deposit in the Building Standards Administration Special Revolving Fund.
- 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:
- Permits a locality to waive all building permit fees for improvements to the home of a veteran with a qualifying disability that are made to accommodate that disability.
- Defines “qualifying disability” as a disability that is recognized as service connected by the United States Department of Veterans Affairs.
Comments
- Purpose. According to the author, veterans who serve their country honorably cannot prepare for the potential injuries they might sustain during their service. This bill simply authorizes these entities to waive all building permit fees in the case of a veteran who has a service-related disability and is making improvements to his or her home to accommodate that disability. This bill is permissive, and does not require a city or county entity to waive fees in all cases, simply allows them to do so at their discretion.
- What this bill covers. According to the author, the cost of building permits likely varies widely by city and/or county but the intent of this bill is to lighten the financial burden since the building permit is just one piece of the total cost of the improvement. When asked, the author’s office was unable to provide any estimates or even a range of what these building permits cost. Some improvements that could be covered under this bill include: converting steps to ramps, converting showers and bathtubs, countertop height, vision or hearing improvements, adding wheelchair lifts, and widening door frames to be wheelchair accessible.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
None received
OPPOSITION: (Verified 5/10/17)
None received
5/10/17 14:29:27
**** END ****
SENATE COMMITTEE ON
Senator Josh Newman, Chair
2017 - 2018 Regular
Bill No: Hearing Date: 4/25/17
Author: | Berryhill | ||
Version: | Amended | ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject:
DESCRIPTION
Summary:
This bill permits a local jurisdiction to waive all building permit fees for improvements to the home of a veteran, if the improvements are made to accommodate a disability connected to the veteran’s military service.
Existing law:
- 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.
- Prohibits the locality form 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 (Commission) for deposit in the Building Standards Administration Special Revolving Fund.
- 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:
Permits a local jurisdiction to waive all building permit fees for improvements to the home of a veteran if both following conditions are met:
- The veteran has a service-connected disability recognized by the United States Department of Veterans Affairs (USDVA), and.
- The improvements are made to accommodate the service-connected disability.
BACKGROUND
Building permits. According to the California Building Standards Code, no building or structure may be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained from the building official. Code requirements vary in different cities and counties around the state. Permits help local jurisdictions regulate construction to ensure that buildings are safe for occupancy or use. Every permit requires a building inspection, but fee schedules vary by jurisdiction.
USDVA disability ratings. The USDVA rates disabilities to facilitate USDVA health care and to rate compensation claims for injuries or diseases that occurred or were worsened during active military service. The financial amount of disability compensation benefit paid and the level of health care eligibility vary relative to the rated severity of the service-connected condition(s).
USDVA rates a single disability along a continuum of 0% to 100% in 10% increments, and also can derive an overall percentage by combining, through a proprietary formula, the composite effects of multiple disabilities.
The 10% rating is the lowest for which compensable income is awarded. A veteran with a 100% rating will have one or more disabilities that significantly interfere with normal life functions. A veteran with a 0% rating may have a service-connected condition, but the condition does not interfere with normal life functions. The majority of disabled veterans are rated within the 10% - 30% range. Individual service-connected conditions can be either physiological or psychological.
As time passes, a veteran’s disability claim may require re-rating. Re-ratings can be triggered by changes in law, advances in medical knowledge, or fluctuations in the veteran’s physical or mental condition. A re-rating can cause an individual’s percentage to go up or down.
Federal benefits for service-connected disabilities. In addition to health care and disability compensation, USDVA manages two relevant disability-related programs – the Specialty Adapted Housing Grant Program and the Special Housing Adaptation Grant program which provide grants to servicemembers and veterans with certain permanent and total service-connected disabilities to help purchase or construct an adapted home, or modify an existing home to accommodate a disability.
COMMENT
Author Comments:
According to the author, the cost of building permits likely varies widely by city and/or county, but the intent of the bill is to lighten the financial burden since the building permit is just one piece of the total cost of the improvement. The author’s office has not offered any estimates or a range of what these building permits cost. Improvements covered under this bill likely would include: converting steps to ramps, converting showers and bathtubs, changing countertop height, making vision or hearing improvements, adding wheelchair lifts, and widening door frames to be wheelchair accessible.
Committee Comments:
This bill cleared Senate Transportation and Housing Committee, 12-0.
Subsequently, the author amended the bill to clarify that a qualifying disability is one recognized as service-connected by USDVA. This accountability measure is consistent with the Legislature’s treatment of other veterans benefits, such as the disabled veteran property tax exemption. The Revenue & Taxation Code requires the exemption claimant to show proof that USDVA has recognized and rated a service-connected condition to the standard required by the program statute.
Prior/Related Legislation;
AB 1592 (Olsen, 2012) would have allowed a governing board of any county or city to grant financial assistance, relief, and support to disabled veterans by reducing or waiving building inspection or permit fees for modification of a dwelling for the purpose of greater accessibility. (Held in Senate Rules Committee)
POSITIONS
Sponsor: Author.
Support:
American G.I. Forum of California
American Legion – Department of California
AMVETS – Department of California
California Association of County Veterans Service Officers (CACVSO)
California State Commanders Veterans Council
Disability Rights California
Military Officers Association of America, California Council of Chapters (MOAA)
Vietnam Veterans of America – California State Council
Oppose: None received.
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SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2017 - 2018 Regular
Bill No: SB 330 Hearing Date: 3/28/2017
Author: | Berryhill | ||
Version: | 2/13/2017 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Alison Hughes | ||
SUBJECT: Building permit fees: veterans waiver.
DIGEST: This bill permits a locality to waive all building permit fees for improvements to the home of a veteran with a service-connected disability that are made to accommodate that disability.
ANALYSIS:
Existing law:
- 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.
- Prohibits the locality form 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 (the Commission) for deposit in the Building Standards Administration Special Revolving Fund.
- 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 permits a locality to waive all building permit fees for improvements to the home of a veteran with a service-connected disability that are made to accommodate that disability.
COMMENTS:
- Purpose. According to the author, veterans who serve their country honorably cannot prepare for the potential injuries they might sustain during their service. This bill would simply authorize these entities to waive all building permit fees in the case of a veteran who has a service-related disability and is making improvements to his or her home to accommodate that disability. The bill is permissive, and does not require a city or county entity to waive fees in all cases, simply allows them to do so at their discretion.
- What this bill covers. According to the author, the cost of building permits likely varies widely by city and/or county but the intent of the bill is to lighten the financial burden since the building permit is just one piece of the total cost of the improvement. When asked, the author’s office was unable to provide any estimates or even a range of what these building permits cost. Some improvements that could be covered under this bill include: converting steps to ramps, converting showers and bathtubs, countertop height, vision or hearing improvements, adding wheelchair lifts, and widening door frames to be wheelchair accessible.
- Double-referral. This bill is double-referred to the Senate Veterans Affairs Committee.
Related Legislation:
AB 1592 (Olsen, 2012) — would have allowed a governing board of any county or city to grant financial assistance, relief, and support to disabled veterans by reducing or waiving specified fees for modifying a dwelling for the purpose of greater accessibility. This bill was not referred out of the Senate Rules Committee.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
POSITIONS: (Communicated to the committee before noon on Wednesday,
March 22, 2017.)
SUPPORT:
None received.
OPPOSITION:
None received.
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Discussed in Hearing
Assembly Standing Committee on Veterans Affairs
Bill Author
Bill Co-Author(s):