SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2019 - 2020 Regular Session

AB 1923 (Salas) - Residential structures: natural gas shutoff devices

Bill Summary:

AB 1923 would require the Department of Housing and Community Development (HCD) to consider whether to propose for adoption to the California Building Standards Commission (BSC) the requirement that seismic gas shutoff devices be installed in newly constructed residential buildings.

Fiscal Impact:

• HCD estimates a one-time cost of approximately $200,000 to hire a consultant specializing in seismic safety to determine whether issues raised with seismic shutoff valves in a specified 2005 study have been adequately addressed. (Building Standards Administration Special Revolving Fund or General Fund)
  
• HCD estimates one-time costs of approximately $432,000 over two years ($221,000 in year one and $211,000 in year two) in staff time to research, develop, and propose a building standard for adoption by the BSC, to the extent HCD determines it is appropriate to propose for adoption the specified building standard. (Building Standards Administration Special Revolving Fund)
  
• Minor and absorbable costs for the State Fire Marshal and the Office of the State Architect to consult with HCD as the department considers whether to propose a building standard for adoption. (General Fund)
  
• Minor and absorbable costs for the BSC to consider and adopt a proposed building standard for seismic gas shutoff devices into the Building Standards Code. (Building Standards Administration Special Revolving Fund)

Background:

Existing law, the California Building Standards Law, authorizes the BSC to approve and adopt building standards through a triennial rulemaking process to revise and update the California Building Standards Code. There are approximately twenty state agencies that develop building standards for submittal to the BSC for review, approval, and adoption. HCD is responsible for proposing building standards to the BSC for residential buildings including, hotels, motels, lodging houses, apartment houses, dwellings, buildings and structures. In the absence of a designated state agency, the BSC is required to adopt specific building standards, as prescribed. Building standards take effect 180 days after they are published, unless a different date is specified. The most recent update to the Building Standards Code, the 2019 Triennial Edition, went into effect on January 1, 2020.

Exiting law requires the State Architect to establish a process for certification of gas shutoff devices that meet functional standards established in law and all applicable state building codes adopted by the Building Standards Commission. A manufacturer must obtain state certification before being allowed to sell the product in California. A seismic gas shutoff device is a specialized valve, attached to a gas meter, which automatically closes in the event of an earthquake of sufficient magnitude, thereby cutting off gas from flowing through the line into the residence. There are three types of gas shutoff devices: manual shutoff valves, earthquake-sensitive automatic shutoff devices, and excess flow automatic gas shutoff devices. The DSA certifies, for residential structures, the latter two types of devices, which are installed manually by the owner; manual shutoff devices are installed by utility companies. The DSA certification covers only the device; installation falls under the purview of local building departments.

Proposed Law:

AB 1923 would require HCD to consider whether to propose for adoption to the BSC the requirement that seismic gas shutoff devices be installed in newly constructed residential buildings. Specifically, this bill would:

• Require HCD, in consultation with the Office of the State Architect, the State Fire Marshal, gas companies, and other interested parties, to consider whether to propose for adoption by the BSC the requirement that seismic gas shutoff devices be installed in newly constructed residential dwelling units, hotels, motels and lodging houses.
• Require HCD to contract with a third-party consultant to review the findings of a specified 2005 report to determine if the issues raised in the study have been adequately addressed.
• Require any appropriate building standards proposed by HCD to be considered by the BSC in a regular code adoption cycle that takes place after January 1, 2022.
• Prohibit HCD from proposing building standards that would require installation of a device on an existing building as a condition of real property conveyance.
• Require HCD, if it decides not to propose building standards, to explain its reasons for the decision in writing, as specified.
• Authorized HCD to expend funds from the Building Standards Administration Special Revolving Fund, upon appropriation, in researching, developing, and proposing mandatory or voluntary building standards pursuant to the bill.

Related Legislation:

SB 1992 (Perata), Chap. 1051/2002, which was similar to this bill, required HCD to consider whether or not to propose for adoption and approval by BSC the requirement that seismic gas shutoff devices or excess flow gas shutoff devices be installed in all or a portion of residential buildings. If HCD decided not to propose those requirements to the BSC, the department was required to explain in writing the reasons for the decision. This provision resulted in the 2005 HCD report that concluded there was insufficient evidence at that time to support a statewide requirement for the installation of seismic gas shutoff devices and/or excess flow gas shutoff valves.

Staff Comments:

HCD indicates that it would require 1.0 PY of staff for a two-year limited term to develop and propose building standards for adoption by the BSC that would require the installation of seismic gas shutoff devices in newly constructed residential structures. The estimate assumes a six-month internal process for the development of the building standard, and an 18-month process to coordinate with the BSC through final adoption in a future Triennial Code Adoption Cycle.

AB 1923 explicitly authorizes HCD to expend funds from the Building Standards Administration Special Revolving Fund, upon appropriation by the Legislature, in researching, developing, and proposing building standards under this section. Staff notes that the 2020-21 Budget Act includes a provision that transferred $7.4 million as a loan to the General Fund, leaving a remaining fund balance of about $1.8 million after accounting for State Operations expenditures from the Fund. The revenues deposited into the Fund are from fees charged on local building permits, which have historically resulted in revenues of approximately $3.1 million annually in recent years (roughly the equivalent of current year expenditures. The economic downturn as a result of the COVID-19 pandemic is likely to have a negative impact on these revenues in the near term, which would result in a declining fund balance. AB 1923’s expenditure of revenues from this Fund to cover the costs of this bill would exacerbate the declining balance as well.

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SENATE COMMITTEE ON HOUSING

Senator Scott Wiener, Chair

2019 - 2020 Regular

Bill No: AB 1923 Hearing Date: 8/6/2020

SUBJECT: Residential structures: natural gas shutoff devices

DIGEST: This bill requires the state Department of Housing and Community Development (HCD) to consider proposing to the California Building Standards Commission (CBSC) for adoption, a requirement that seismic gas shutoff devices be installed in dwelling units, hotels, motels, and lodging houses, as specified.

ANALYSIS:

Existing law:

1. Establishes the CBSC within the Department of General Services and requires any building standards adopted or proposed by state agencies to be submitted to, and approved by, the CBSC prior to codification into the California Building Standards Code.
2. Requires the CBSC to adopt, approve, codify, and publish building standards providing the minimum standards for the design and construction of state buildings.
3. Requires the State Fire Marshal to develop building standards to implement the state’s fire and life safety policy, and transfers any responsibilities of the State Fire Marshal to adopt building standards through a formal rulemaking process to the CBSC.
4. Requires HCD to propose the adoption, amendment, or repeal of building standards to the CBSC and to adopt, amend, and repeal other rules and regulations to protect the health, safety, and welfare of occupants and to the public.
5. Requires the Division of the State Architect (DSA), also within the Department of General Services, to certify any new seismic gas shutoff device sold by any person in the state, prior to sale.

This bill:

1. Requires HCD, in consultation with the State Architect, the State Fire Marshal, gas companies, and other interested parties, to consider whether to propose for adoption to the CBSC a requirement that seismic gas shutoff devices be installed in newly constructed dwelling units, hotels, motels, and lodging houses.
2. Requires HCD, as part of this review, to contract with a third party consultant to review the findings of its 2005 study, “SB 1992 (Perata) Final Report Seismic Gas Shutoff Devices and Excess Flow Gas Shutoff Devices,” to determine if the issues raised in the report have been adequately addressed since then.
3. Requires HCD, if it determines it is appropriate to propose mandatory or voluntary building standards, to propose them to the CBSC in a regularly occurring code adoption cycle that takes place after January 1, 2022. States legislative intent for HCD to include a cost-benefit analysis in its proposal.
4. Prohibits HCD from mandating the installation of a seismic safety gas shutoff valve or excess flow device on an existing building as a condition of real property conveyance, as specified.
5. Requires HCD, if it determines standards are not necessary, to explain in writing the reasons for its decision.
6. Authorizes HCD, in researching, developing and proposing voluntary or mandatory building standards, to expend funds from its revolving fund, upon legislative appropriation.

COMMENTS

1. Author’s statement. “In 2019, the City of Ridgecrest in Kern County was hit by a series of earthquakes in July that included three main shocks of magnitudes 6.4, 5.4 and 7.1. After the earthquakes, there was an outbreak of residential fires caused by gas line leaks. After the Northridge earthquake in 1994, the City of Los Angeles adopted an ordinance requiring that seismic gas shut-off valves be installed on all new buildings, residential homes performing reservations, and all buildings sold after 1998. Given the frequency and magnitude of earthquakes in our state, and the potential for widespread damage as a result of earthquakes, it is critical that the state prioritize seismic safety and take steps to mitigate against potential damage and loss of life. Specifically, California can take steps to prevent gas leaks and destructive fires from erupting during and after earthquakes by studying and then requiring the installation of automatic “seismic gas shutoff devices” or “earthquake shutoff valves” on new or renovated homes. This important measure will help prevent outbreaks of fires caused by gas leaks in the event of an earthquake, preventing loss and damage of property, protecting residents, and making available valuable emergency response resources that otherwise would be used to respond to the fires.”
2. Background. In 2002, the Legislature enacted SB 1992 (Perata), which required HCD, in consultation with the DSA and State Fire Marshal, to consider proposing to the CBSC a mandatory seismic shutoff or excess flow gas shutoff requirement in some or all dwelling units, motels, hotels, and lodging houses. HCD’s study, Final Report – Seismic Gas Shutoff Devices Excess Flow Gas Shutoff Devices (2004), stated that “After careful consideration of all currently available information, including a study commissioned by a manufacturer of excess flow valves, the Department concluded that there was insufficient evidence to support a statewide requirement for the installation of seismic gas shutoff devices and/or excess flow gas shutoff devices. The Department recognizes, however, some jurisdictions, particularly those in seismically active regions of the state, may wish to require the usage of such devices…”

In 2011, SCR 57 (Vargas) urged the State Architect to hold hearings to determine if state building codes should require the installation of devices to shut off natural gas and electrical power in the event of an earthquake. The policy committee analysis noted that, as mentioned in HCD’s 2005 review, false activations can be a drawback to gas shutoff valves. The analysis also noted that gas utilities had historically been reluctant to allow customers to reset such devices for fear of undetected leaks. Finally, the analysis noted that seismic electricity shutoff devices were a recent development and therefore it might be premature to consider a mandate to install them. The resolution, which was sponsored by a manufacturer of seismic shutoff devices, was not heard in committee.

1. What is a seismic gas shutoff device? A seismic gas shutoff device is a specialized valve, attached to a gas meter, which automatically closes in the event of an earthquake of sufficient magnitude, thereby cutting off gas from flowing through the line into the residence. There are three types of gas shutoff devices: manual shutoff valves, earthquake-sensitive automatic shutoff devices, and excess flow automatic gas shutoff devices. The DSA certifies, for residential structures, the latter two types of devices, which are installed manually by the owner; manual shutoff devices are installed by utility companies. The DSA certification covers only the device; installation falls under the purview of local building departments. A quick internet search indicates that a device costs a couple hundred dollars, with installation ranging anywhere from a couple hundred to a couple thousand dollars, depending on the situation.
2. Existing requirements. The Earthquake Engineering Research Institute, writing in support of this bill, notes that state law requires the Public Utilities Commission to require the installation of automatic shutoff valves or remote-controlled sectionalized block shutoff valves on specified gas pipelines if the PUC determines installation is necessary for the protection of the public. However, they also note that application of requirements to either residences or public spaces has been both irregular and incomplete.

Some local jurisdictions have passed seismic valve ordinances. After the Northridge earthquake of 1994, the City of Los Angeles adopted an ordinance requiring installation of seismic gas shutoff devices for new homes or within one year of the close of escrow. Alameda County passed an ordinance in 2008 requiring installation of seismic gas shutoff valves as an escrow closing requirement. The majority of local jurisdictions have not, however, imposed such a requirement.

Related Legislation:

SCR 57 (Vargas, 2011) — would have urged the DSA, in cooperation with the CBSC and HCD and as part of the 2012 triennial building code review, to hold hearings to determine if state building codes should require the installation of devices to shut off natural gas and electrical power in the event of an earthquake. This bill died in the Senate Transportation and Housing Committee.

SB 1992 (Perata, Chapter 1051, Statutes of 2002) — required HCD to determine the need for mandatory installation of gas shutoff valves.

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

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

July 24, 2020.)

SUPPORT:

Earthquake Engineering Research Institute
Sempra Energy Utilities

OPPOSITION:

None received.

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ASSEMBLY THIRD READING

ATR Bill Id:AB 1923

Author:(Salas)

As Amended Ver:March 12, 2020

Majority vote

SUMMARY:

Requires the Department of Housing and Community Development (HCD) to consider whether to propose seismic gas shutoff devices be installed on gas piping in all or some dwelling units and hotels.

Major Provisions

1. Requires HCD, in consultation with the Office of the State Architect, the State Fire Marshal, and other interested parties, to consider whether to propose for adoption and approval by the California Building Standards Commission (CBSC) the requirement that seismic gas shutoff devices be installed in all or some dwelling units, hotels, motels and lodging houses.
2. Requires HCD, as part of its consideration, to review the findings of its 2005 study entitled "SB 1992 (Perata) [Chapter 1051, Statutes of 2002] Final Report Seismic Gas Shutoff Devices and Excess Flow Gas Shutoff Devices" to determine if the issues raised in the study have been adequately addressed.
3. Requires HCD, if it determines it is appropriate to propose mandatory or voluntary building standards, to propose building standards for consideration by CBSC in the code adoption cycle that begins after January 1, 2022.
4. Requires HCD, if it determines it is not appropriate to propose building standards, to explain its decision in writing.
5. Authorizes CBSC to expend funds from the Building Standards Administration Special Revolving Fund for these purposes.

COMMENTS:

Background:

Building Code Standard Process: The California Building Standards Law establishes the CBSC and the process for adopting state building standards. Statewide building standards are intended to provide uniformity in building across the state. State law specifies the departments responsible for developing and proposing building standards. When there is no designated department then the CBSC is responsible. HCD is responsible for single family and multi-family dwellings.

Under a few exemptions, local governing body, city, or county may modify state building standards. A local governing body, city, or county can adopt an ordinance or a resolution in a public meeting that finds that a local building standard must be modified from the state building standard because of local climatic, geological or topographical conditions and file that ordinance with the CBSC. The CBSC reviews the findings of the ordinance to determine if the local governing body followed the correct procedure.

A Seismic State: California is a very seismically active state. It has over 500 active fault lines and contains two-thirds of the nation's earthquake risk. According to the California Geological Survey, the state's estimated annual economic loss from buildings damaged in earthquakes is $3.7 billion. During an earthquake, natural gas piping and appliances are frequently damaged, leading to gas leaks that ignite into fires. These fires cause property damage, injuries, and death. Additionally, they draw away first responders and resources during an emergency that could otherwise be used to save lives threatened by the earthquake.

Seismic Gas Shutoff Devices: Seismic gas shutoff devices are specialized valves that attach to a gas meter that automatically close in the event of an earthquake of a sufficient magnitude, cutting off gas from flowing into the line. In the event that they are activated, they would require a professional technician to come to the house to re-install gas service.

Multiple local jurisdictions such as the Cities of Los Angeles, Berkeley, and the Counties of Alameda and Contra Costa (unincorporated areas), have enacted ordinances requiring the installation of seismic safety shutoff devices in order to prevent fires during and after earthquakes.

SB 1992 (Perata) of 2002, required HCD to investigate the merits of requiring seismic gas shutoff devices. HCD's study, Final Report – Seismic Gas Shutoff Devices

Excess Flow Gas Shutoff Devices (2004), stated that "the Department concludes that there are not sufficient benefits to support the additional costs associated with such a proposed building standard. However, the Department continues to support existing law that permits local governments to choose to modify the California Building Standards Code to require the installation of gas shutoff devices based on local geological, topographical or climatic reasons."

Purpose of the Bill: This bill seeks to better protect residents and prevent property damage by determining whether installing gas shutoff valves in homes could help prevent fires caused by gas leaks in the event of an earthquake. It does so by utilizing the existing building standards process and utilizing the information previously gleaned from HCD's analysis of this issue.

According to the Author:

Seismic gas shut-off valves are designed to automatically shut off the supply of natural gas to a building to prevent a fire or explosion due to accumulation of gas in the building in the event of a major earthquake. Given the frequency and magnitude of earthquakes in our state, and the potential for widespread damage as a result of earthquakes, it is critical that the state prioritize seismic safety and take steps to mitigate against potential damage and loss of life. Specifically, California can take steps to prevent gas leaks and destructive fires from erupting during and after earthquakes by requiring the installation of automatic "seismic gas shutoff devices" or "earthquake shutoff valves" on new or renovated homes. This important measure will help prevent outbreaks of fires caused by gas leaks in the event of an earthquake, preventing loss and damage of property, protecting residents, and making available valuable emergency response resources that otherwise would be used to respond to the fires.

Arguments in Support:

Arguments in support focus on the merits of revisiting this issue to determine if previously identified concerns to gas shutoff device technology have been overcome, in which case they would become a valuable safety protection measure. According to the California Building Industry Association, "The industry supports AB 1923, which directs HCD to revisit its 2005 analysis and see if those concerns are still valid today. In the event HCD determines the concerns identified in 2005 have been adequately resolved, HCD will proceed with the development of building standards for those areas of the state where HCD deems these devices to be necessary."

Arguments in Opposition:

None on file

FISCAL COMMENTS:

According to the Assembly Committee on Appropriations:

1. One-time costs of approximately $221,000 (General Fund (GF)) in the first year and $211,000 in the second year to HCD for staff to conduct stakeholder outreach, draft proposed building standards, and engage in the building standards adoption process. If HCD determines building standards are not appropriate, these costs would be less.
2. One-time costs of $200,000 (GF) to HCD to retain a consultant specializing in seismic safety devices to determine if prior issues raised with seismic shutoff valves have been adequately addressed.
3. Minor and absorbable costs to CBSC to review and adopt standards.
4. Minor and absorbable costs to the State Architect to respond to consumers, manufacturers and local building departments subject to device installation and inspection, if building standards are enacted.

VOTES:

ASM HOUSING AND COMMUNITY DEVELOPMENT: 6-0-2

YES: Chiu, Diep, Gloria, Limón, Maienschein, Quirk-Silva

ABS, ABST OR NV: Gabriel, Kiley

ASM APPROPRIATIONS: 17-0-1

YES: Gonzalez, Bauer-Kahan, Bloom, Bonta, Calderon, Carrillo, Chau, Megan Dahle, Diep, Eggman, Fong, Gabriel, Eduardo Garcia, Petrie-Norris, McCarty, Robert Rivas, Voepel

ABS, ABST OR NV: Bigelow

UPDATED:

VERSION: March 12, 2020

CONSULTANT: Steve Wertheim / H. & C.D. / (916) 319-2085 FN: 0002919

Date of Hearing: June 2, 2020

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 1923

Author:(Salas) – As Amended Ver:March 12, 2020

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the Department of Housing and Community Development (HCD) to consider whether to propose seismic gas shutoff devices be installed on gas piping in all or some dwelling units and hotels. Specifically, this bill:

1. Requires HCD, in consultation with the Office of the State Architect, the State Fire Marshal, and other interested parties, to consider whether to propose for adoption and approval by the California Building Standards Commission (CBSC) the requirement that seismic gas shutoff devices be installed in all or some dwelling units, hotels, motels and lodging houses.
2. Requires HCD, as part of its consideration, to review the findings of its 2005 study entitled “SB 1992 (Perata) Final Report Seismic Gas Shutoff Devices and Excess Flow Gas Shutoff Devices” to determine if the issues raised in the study have been adequately addressed.
3. Requires HCD, if it determines it is appropriate to propose mandatory or voluntary building standards, to propose building standards for consideration by CBSC in the code adoption cycle that begins after January 1, 2022.
4. Requires HCD, if it determines it is not appropriate to propose building standards, to explain its decision in writing.
5. Authorizes CBSC to expend funds from the Building Standards Administration Special Revolving Fund for these purposes.

FISCAL EFFECT:

1. One-time costs of approximately $221,000 (GF) in the first year and $211,000 in the second year to HCD for staff to conduct stakeholder outreach, draft proposed building standards, and engage in the building standards adoption process. If HCD determines building standards are not appropriate, these costs would be less.
2. One-time costs of $200,000 (GF) to HCD to retain a consultant specializing in seismic safety devices to determine if prior issues raised with seismic shutoff valves have been adequately addressed.
3. Minor and absorbable costs to CBSC to review and adopt standards.
4. Minor and absorbable costs to the State Architect to respond to consumers, manufacturers and local building departments subject to device installation and inspection, if building standards are enacted.

COMMENTS:

1. Purpose. This bill seeks to better protect residents and prevent property damage by determining whether installing gas shutoff valves in homes could help prevent fires caused by gas leaks in the event of an earthquake.
2. Background. Seismic gas shutoff devices are specialized valves that attach to a gas meter that automatically close in the event of an earthquake of a sufficient magnitude, cutting off gas from flowing into the line. In the event that such valves are activated, they require a professional technician to come to the building to re-install gas service.

Multiple local jurisdictions, including the cities of Los Angeles and Berkeley, and the Counties of Alameda and Contra Costa (unincorporated areas), have enacted ordinances requiring the installation of seismic safety shutoff devices to prevent fires during and after earthquakes.

SB 1992 (Perata), Chapter 1051, Statutes of 2002, similar to this bill, required HCD, in consultation with the Office of the State Architect and the State Fire Marshal, to investigate the merits of requiring seismic gas shutoff devices. In 2005, HCD issued a report concluding it would not propose mandatory building standards and indicated numerous reasons for that finding. However, in the report HCD noted it continues to support existing law permitting local governments to require the installation of gas shutoff devices based on local geological, topographical or climatic reasons.

Recognizing that concerns raised in 2005 may not be valid today, this bill requires HCD to revisit its old analysis to determine if, 15 years later, requiring gas shutoff valves is now appropriate.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: March 11, 2020

ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT

David Chiu, Chair

ABPCA Bill Id:AB 1923 (

Author:Salas) – As Introduced Ver:January 14, 2020

SUBJECT: Residential structures: natural gas shutoff devices

SUMMARY: Requires seismic gas shutoff devices to be installed in residential structures. Specifically, this bill:

1. Defines “residential structure” to mean either a single-family dwelling or a multifamily residential building, including any mixed-use building in which at least two-thirds of the square footage is designated for residential use.
2. Defines “seismic gas shutoff device” to mean a gas shutoff device installed on customer-owned natural gas piping certified by the State Architect.
3. Requires, commencing with the next triennial edition of the California Building Standards Code (Title 24 of the California Code of Regulations) adopted after January 1, 2021, that the Department of Housing and Community Development (HCD) propose and the California Building Standards Commission (CBSC) adopt, approve, codify, and publish mandatory building standards that require the installation of a seismic gas shutoff device in any newly constructed, rehabilitated, renovated, or reconstructed residential structure.
4. Specifies that the building standards adopted, approved, codified, and published pursuant to this section do not supersede any ordinance adopted by the governing body of a city, county, or city and county that is consistent with those building standards.
5. Specifies that 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.

EXISTING LAW:

1. Authorizes the CBSC to approve and adopt building standards. Every three years building standards rulemaking is undertaken to revise and update the California Building Standards Code (CBSC). (Title 24 of the California Code of Regulations)
2. Directs HCD to propose the adoption, amendment, or repeal of building standards to the CBSC for all hotels, motels, lodging houses, apartment houses, and dwellings. (Health & Safety Code Section 17921)
3. Allows a governing body, city or county to make modifications to the CBSC if they make express findings that such a modification or change is necessary because of local climatic, geological, or topographical conditions. (Health & Safety Code Section 17958.7)
4. Includes various specific standards and requirements for the CBSC to examine and or enact in subsequent adoption processes (Health & Safety Code Section 18935 et seq.)

FISCAL EFFECT: Unknown

COMMENTS:

Author’s Statement: According to the author, “Seismic gas shut-off valves are designed to automatically shut off the supply of natural gas to a building to prevent a fire or explosion due to accumulation of gas in the building in the event of a major earthquake. Given the frequency and magnitude of earthquakes in our state, and the potential for widespread damage as a result of earthquakes, it is critical that the state prioritize seismic safety and take steps to mitigate against potential damage and loss of life. Specifically, California can take steps to prevent gas leaks and destructive fires from erupting during and after earthquakes by requiring the installation of automatic “seismic gas shutoff devices” or “earthquake shutoff valves” on new or renovated homes. This important measure will help prevent outbreaks of fires caused by gas leaks in the event of an earthquake, preventing loss and damage of property, protecting residents, and making available valuable emergency response resources that otherwise would be used to respond to the fires.”

Background:

Building Code Standard Process: The California Building Standards Law establishes the CBSC and the process for adopting state building standards. Statewide building standards are intended to provide uniformity in building across the state. State law specifies the departments responsible for developing and proposing building standards. When there is no designated department then the CBSC is responsible. HCD is responsible for single family and multi-family dwellings.

Under a few exemptions, local governing body, city, or county may modify state building standards. A local governing body, city, or county can adopt an ordinance or a resolution in a public meeting that finds that a local building standard must be modified from the state building standard because of local climatic, geological or topographical conditions and file that ordinance with the CBSC. The CBSC reviews the findings of the ordinance to determine if the local governing body followed the correct procedure.

A Seismic State: California is a very seismically active state. It has over 500 active fault lines and contains two-thirds of the nation’s earthquake risk. According to the California Geological Survey, the state’s estimated annual economic loss from buildings damaged in earthquakes is $3.7 billion. During an earthquake, natural gas piping and appliances are frequently damaged, leading to gas leaks that ignite into fires. These fires cause property damage, injuries, and death. Additionally, they draw away first responders and resources during an emergency that could otherwise be used to save lives threatened by the earthquake.

Seismic Gas Shutoff Devices: Seismic gas shutoff devices are specialized valves that attach to a gas meter that automatically close in the event of an earthquake of a sufficient magnitude, cutting off gas from flowing into the line. In the event that they are activated, they would require a professional technician to come to the house to re-install gas service.

Multiple local jurisdictions such as the Cities of Los Angeles, Berkeley, and the Counties of Alameda and Contra Costa (unincorporated areas), have enacted ordinances requiring the installation of seismic safety shutoff devices in order to prevent fires during and after earthquakes.

SB 1992 (Perata, Chapter 1051, Statutes of 2002) required HCD to investigate the merits of requiring seismic gas shutoff devices. HCD’s study, Final Report – Seismic Gas Shutoff Devices

Excess Flow Gas Shutoff Devices (2004), stated that “the Department concludes that there are not sufficient benefits to support the additional costs associated with such a proposed building standard. However, the Department continues to support existing law that permits local governments to choose to modify the California Building Standards Code to require the installation of gas shutoff devices based on local geological, topographical or climatic reasons.”

Summary of the Bill: The bill requires, for the next triennial edition of the building code that HCD propose and CBSC adopt, approve, codify, and publish mandatory building standards that require the installation of a seismic gas shutoff device in any newly constructed, rehabilitated, renovated, or reconstructed residential structure. The bill does specifies that such standards would not supersede any ordinance adopted by the governing body of a city, county, or city and county that is consistent with those building standards.

Committee Comments: Building standards, technologies, and practices are always evolving. In recognition of this, at least once every three years the state building code is updated. The update process involves a range of stakeholders with a wide range of expertise, and is generally accepted as best practice. As written, the bill would mandate a change to the building code in this instance the inclusion of seismic gas shutoff devices in newly constructed, rehabilitated, renovated, or reconstructed residential structures. While well intentioned, the process of updating the building code should be left to the existing process, as evidenced by the previous statewide investigation into this topic. To address this issue, the Committee may wish to consider amending the bill to remove the mandate to change the building code, and instead require HCD, in consultation with the Office of the State Architect, State Fire Marshal, and other interested parties, to study requiring an automatic shutoff device for gas in the next set of building standards in all or some or all dwelling units, hotels, motels, and lodging houses. This study should review and build off the findings of its previous analysis on this topic, “SB 1992 (Perata) Final Report Seismic Gas Shutoff Devices and Excess Flow Gas Shutoff Devices” (2005). If HCD determines it is appropriate to propose mandatory or voluntary building standards, it must propose building standards for the consideration by the CBSC in a regularly occurring code adoption cycle that takes place after January 1, 2022. If HCD decides to not propose mandatory or voluntary building standards, it must explain that decision in writing. In researching, developing, and proposing any standards, CSBC should be allowed to expend funds from the Building Standards Administration Special Revolving Fund.

Arguments in Support: None on file.

Arguments in Opposition: According to the California Building Industry Association,

“Industry would support legislation directing HCD to revisit its 2005 analysis and see if those concerns are still valid today. We are suggesting that in the event HCD determines the concerns identified in 2005 have been adequately resolved, HCD should proceed with the development of mandatory (or voluntary) building standards for those areas of the state where HCD deems these devices to be necessary.”

Related Legislation:

SB 1992 (Perata, 2002, Chapter 1051): Required HCD, in consultation with the Office of the State Architect and the State Fire Marshal, to consider whether to propose for adoption and approval by the CBSC, in the code adoption cycle that begins after January 1, 2003, the requirement that seismic gas shutoff devices or excess flow gas shutoff devices, installed on customer-owned gas piping, be installed in all or a portion of dwelling units, motels, hotels, and lodging houses.

SCR 57 (Vargas, 2011): Would have urged the Division of the State Architect, in cooperation with the CBSC and HCD, to hold hearings to determine if the building codes should be amended to require the installation of devices that shut off natural gas and electrical power in the event of an earthquake at the time of initial construction and major renovations. This bill died in the Senate Transportation and Housing Committee.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file

Opposition

California Building Industry Association (support if amended)

Analysis Prepared by: Steve Wertheim / H. & C.D. / (916) 319-2085