Cotati City Council
Agenda Staff Report
Item type: REGULAR CALENDAR
To: City Council
Subject: ASSEMBLY BILL (AB) 306 LETTER OF OPPOSITION
Date: April 8, 2025
Written by: Carla Duncan, Permit Technician
Recommendation
It is recommended that the City Council receive and consider the information provided on Assembly Bill (AB) 306 and adopt a motion authorizing the Mayor to sign and transmit a letter opposing passage of the bill.
Background
Assembly Bill (AB) 306 was introduced by Assembly Members Schultz and Rivas on January 23, 2025. This bill proposes to place a moratorium on adopting or modifying statewide and local building codes for residential units from June 1, 2025 to June 1, 2031. The California Building Standards Commission as well as other adopting agencies would be prohibited from adopting or even considering new building standards for residential units, unless one of the following conditions is met: (1) the changes are necessary to protect safety and health; or (2) the standards are proposed by the Office of the State Fire Marshall and are related to home hardening. The proposed legislation would also, in most cases, prohibit local jurisdictions from amending the green building standards portion of the code, commonly referred to as reach codes.
Analysis/Discussion
AB 306 is moving quickly through the Legislature and was passed on April 1, 2025 by the Assembly through a fast-track process and is currently in the Senate Policy Committee. Cal Cities does not currently have a position on this bill, listing it as ”Take to Policy Committee.” A number of organizations have voiced opposition to this bill, including the International Code Council (which provides California’s building codes), the Earthquake Engineering Research Institute, and the California Building Officials organization. Opponents of this bill argue that allelectric reach codes reduce construction costs and have prevented billions in energy costs over the last half-century. Efforts to amend codes to prevent against natural disasters, encourage streamlined and electronic permit processing, and prevent unnecessary panel upgrades, in most cases, would be on hold until 2031.
Proponents (of the bill) claim this bill would increase the affordability of building much needed residential units across the state.
Financial Considerations
With the exception of the staff time required to prepare this report, this action will not have a financial impact on the City or general fund. While the City of Cotati would not necessarily have financial considerations related to this bill, developers and property owners would not see the construction and energy cost savings benefits associated with reach code adoptions if this bill were to pass.
Environmental Issues
The proposed Council action is exempt from the California Environmental Quality Act (CEQA) under Section 15378 on the grounds that this action is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. As previously mentioned, reach codes would be prohibited with the passage of this bill. Reach codes typically require the usage of electric appliances over gas-powered ones and encourage sustainable building materials that reduce energy usage. Without these supplemental codes, jurisdictions would not be able to continue their efforts in decreasing residential building carbon emissions.