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CA - AB306 - bill to delay code updates to make housing affordable?

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https://calmatters.org/housing/2025/05/building-code-california-housing/

Is the secret to housing affordability in California buried in the building code?​

by Ben Christopher May 15, 2025
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New homes under construction in Pleasanton on June 16, 2024. The city of Pleasanton has voted to explore the possibility of becoming a charter city.
Photo by Loren Elliott for CalMatters

As lawmakers scramble to turbocharge post-fire recovery efforts in Los Angeles and to tackle a housing shortage across the state, a new addition may be coming to California’s building code: A pause button.

Assembly Bill 306 would freeze the building standards — the rules governing the architecture, the layout, the electrical wiring, the plumbing, the energy use and the fire and earthquake safety features — for all new housing through at least 2031. Local governments, which often tack on their own requirements, would also be kept from doing so in most cases.

Building standards tend to reflect the state’s most pressing concerns. New seismic requirements are added after major earthquakes, home-hardening requirements have followed deadly fires and new green energy mandates have popped up as California has raced to prepare for a warmer planet.

This latest proposed change to the code is meant to tackle another crisis: affordability.

The bill wouldn’t delete any of the current rules, which are widely considered to be among the most stringent of any state’s. It would also include exceptions, most notably for emergency health and safety updates. But on the whole, the California building code would be set on cruise control for the better half of a decade.

Assemblymember Nick Schultz, a freshman Democrat from Burbank and the lead author of the bill, said there’s nothing extreme about leaving the code as it is for a few years, particularly as homeowners in Altadena and the Palisades rebuild.

Though Schultz introduced the bill, the second listed co-author may explain why such a significant policy change swept through the Assembly with little resistance: Speaker Robert Rivas. In early April the bill passed out of the Assembly with 71 “yes” votes. No lawmakers voted against it. Now it heads to the state Senate.

Such smooth legislative sailing notwithstanding, plenty of environmental advocates, renewable energy industry groups, construction unions, structural engineers and code enforcement officials have turned out to oppose the bill. They see it as a radical upending of the way the state regulates buildings, reduces emissions and prepares for a changed climate.

Building standards need to be nimble because the effects of climate change are unpredictable, said Laura Walsh, policy manager with Save the Bay, a nonprofit focused on conservation and preparing for rising seas.

“We’ll get to a place in the trend where things get worse really fast,” she said.

Beyond the specifics of the debate, the bill represents something fairly new in the politics of California housing.

Over the last decade, lawmakers in Sacramento have passed a raft of bills aimed at making it easier to build new homes. Most of those bills have set their sights on the zoning code — the patchwork of land-use standards that dictate which types of buildings can go where. If you recall any high-profile political battles about apartment buildings in exclusive suburbs, dense residential development near transit stops or proposed mountain lion sanctuaries — that’s all about zoning.

Now some lawmakers are considering a new deregulatory target. Schultz’s freeze is the most dramatic example of a handful of bills this year that would take on the impenetrably technical, frequently overlooked and ever-changing building code — all for the cause of cheaper housing.

As California legislators are “finding religion on land use, other issues are sort of bubbling up,” said Stephen Smith, founder of the Center for Building in North America, a nonprofit that advocates for changes to building codes that make it easier to build apartment buildings. “Architects, developers, contractors are pointing out, ‘No, actually, there are barriers in the actual construction process and many of those do go back to the building code.’”

Where does the building code come from?​

California’s building code does not originate in California.

As with most states, our code takes as its jumping off point a set of general rules written by the International Code Council, a nonprofit organization governed by a mix of building industry associations, state and local regulators, engineers and architects. Despite the name, the organization is based in Washington D.C. and its model codes are a predominantly North American product.

“It’s like naming the World Series the World Series,” said Eduardo Mendoza, a research associate with California YIMBY, an organization that promotes more housing development.

The Code Council puts out its model codes every three years. The state then gets to work on its own version in a year-long process involving seven state departments.

These exceedingly arcane deliberations typically receive little attention from the public. The exception is a small cadre of engineers, developers, architects, appliance manufacturers, energy efficiency, solar and climate advocates and other parties with a direct financial or ideological interest in the way new things get built.

For these groups, the triannual code adoption cycle — and the “intervening” amendment process for urgent updates — make for an endless game of regulatory tug-of-war.

“It’s all very bureaucratic, very dry, but still extremely political,” said Mendoza.

Now that behind-the-scenes fight is playing out in public.

On one side are housing developers. Keeping up with the salvo of state and local building code changes is its own full-time job, said Dan Dunmoyer, president of the California Building Industry Association, a trade group for big builders.

“We had the most seismically safe, water-reduced, fire retardant, energy efficient homes in the world two years ago and we just keep on adding more and more and more to it,” he said. “At what point do you just take a pause?”

A potential pause is especially appealing to many affordable housing developers, who typically rely on multiple sources of funding, all with their own restrictions and timelines. If a change in the building code means going back to the architectural drawing board and delaying a permit application, that can put off a potential project “another year or two,” said Laura Archuleta, president of Jamboree Housing Corporation, a nonprofit low-income housing developer in Irvine.

California would not be the first state to consider tapping the brakes on its building code. In 2023, legislators in North Carolina passed a law banning most changes through 2031. That bill, backed by that state’s building industry association, froze in place a significantly older code than California’s; some of North Carolina’s energy efficiency rules hadn’t been changed since 2009.

California’s so-called 2025 code is set to go into effect in January 2026. That change will be grandfathered in, even if Schultz’s measure passes. No additional changes would allowed until June 1, 2031.

The experts who help write the state’s building standards have “health and safety and other criteria in mind but they don’t have cost as a factor in their decision making — well, they should,” said Assemblymember Chris Ward, a San Diego Democrat who voted for Schultz’s bill. He is also the author of two other building code related bills this year. One would require the state to consider subjecting small apartment buildings to a more relaxed set of standards. The other would reevaluate whether builder should have more flexibility in meeting the state’s energy efficiency rules.

Ward said that mining the building code for possible cost savings is an idea embraced by a growing number of his colleagues.

“The theme of the year has been ‘let’s all focus in on the cost of construction and on reducing the cost of housing,” he said.

What’s the real cost driver?​

(continued in next post)
 

What’s the real cost driver?​

Opponents of the bill argue that in their quest for affordability, supporters have either picked the wrong villain — or, at the very least, approached the problem with a sledgehammer when what’s needed is a scalpel.

“There’s just this idea that if you simplify things in some ways, it will help,” said Merrian Borgeson, policy director with Natural Resources Defense Council, who calls the bill “well-intentioned” if fundamentally flawed in its premise. “The driver of cost in California for housing is not code.”

The state’s building industry disagrees.

According to estimates provided by the state industry association, major building standard updates over the last 15 years have added between $51,000 and $117,000 to construction costs on each single-family home. By far the largest estimated cost, with an upper end of $65,000, was the price tag on the water utility hook-up required for sprinkler systems mandated in new single-family homes since 2011. California, Maryland and Washington D.C. are the only state-level jurisdictions with this requirement.

For apartment buildings alone, a national study sponsored by the building industry attributed 11% of total development costs to changes in the International Code Council model codes since 2012.

It’s impossible to independently verify any of these estimates. But if code changes don’t cost much, developers certainly seem to act as if they do. Reuben Duarte, a land-use planner with the California Chapter of the American Planning Association, said in the months before a scheduled code update, city planning departments are always the scene of “a mad rush from developers who are trying to get in” before the new rules go into effect.

A code for cheaper construction​

Most of the big ticket changes to California’s standards over the last decade have been about energy efficiency and electrification. Some of these requirements have added upfront costs for developers, said Matt Vespa, an attorney with the environmental legal nonprofit Earthjustice, but they ultimately save homeowners in the long-run.

“The cost of housing is just one part of affordability,” he said. He pointed to possible energy code changes that would allow homes to calculate their electricity needs differently, potentially saving on costly capacity upgrades. “Those energy code enhancements could save people money on their energy bills and that is part of affordability. Why is that completely not considered in this equation?”

It’s that prospect of preventing changes to the code that might actually save money that has even some pro-building, “yes in my backyard” advocates concerned about the bill as currently written.

How could the building code make a building less expensive to build? A 2023 law, for example, directs state regulators to consider letting developers build apartment buildings over three stories with just one staircase rather than at least two. Single stair construction is an architectural mainstay outside that United States that allows for more housing to occupy a given lot and is estimated to bring down construction costs on mid-sized apartment buildings by as much as 13% without obviously elevating fire risk.

Schultz’s bill includes a carve out for any future single stair changes. It also includes exceptions for code amendments aimed at making it easier to convert office buildings into apartments and condos, another legislative directive. But additional cost-saving changes could get frozen out.

One possibility: Dallas, Texas recently adopted a new, relaxed set of codes for mid-sized apartment buildings, a considerable step down from the rules in place in most American cities where they share a set of standards with skyscrapers.

Smith with the Center for Building said he understands why someone who “just doesn’t trust that the building code development process is going to appropriately balance affordability and all the other concerns” would support the bill. But “it’s a little upsetting to see everyone throwing the baby out with the bath water,” he said.

The “baby,” in this case, refers to possible cost-reducing changes that Smith said are more likely to be found for apartment buildings. “If I were a single family developer, I’d be a lot more happy with the code as it is than if I were a multifamily developer and a lot more eager to fix it in place,” said Smith.

Schultz stressed that though the bill has already passed out of the Assembly, it remains a work in progress. He said he is currently negotiating possible changes to the bill that would allow for a general “escape hatch” for any proposed “changes to the code that might actually reduce the cost of housing.”

After all, he added, “that is the goal.”
 
I'm on the fence with this one. I see both sides of the argument and I haven't made a stance either way yet. Don't know that I'm going to...
 
Freezing codes where they are now isn't going to fix adorability. If new buildings are unaffordable now, they'll continue being unaffordable since literally nothing can change. If the building industry is correct (which they are at least partially correct), then you'd need to reverse course and go back a few code cycles.

Even if you freeze the codes or go back 15 years in regulations, that still wouldn't keep costs down, at least probably not for the next half decade and not as much as people are saying. Things are just more expensive now, especially materials and equipment. All of my projects now have a door budget that doubles what they would have been just a few years ago (mostly due to increase costs for hardware), and that's just one element. Freezing codes won't do anything for door hardware.

If they're serious about tackling affordability, and I mean a dead set "let's burn it all down if it means building a housing is cheaper" kind of mentality, they'd need to get rid of or modify a lot of stuff outside of the building code too.

It's a very complex subject and there's no one cause. You could blame the costs of labor, the lack of labor, tariffs, taxes, bureaucratic red tape, green policies, bad designers, bad contractors, bad building departments, the whole "NIMBY" crowd, inflation, boomers not wanting their property value to go down, techies not wanting their property value to go down, the whole tech industry in general, zoning ordinances, the forced affordable housing laws, the lack of affordable housing in general, greed, the general public mindset of what a "home" is and what's required for it, the lack of a recession in the past two decades, the lack of public transit, the ADA, the FHA, the fact that a home is seen as an investment rather than a place to live, the absolutely cracked state and normalization of insane levels of individual and societal debt, the innate human desire to flex on the poor, and so on. I'm not saying I personally think any of the things are good or bad (although flexing on the poor is distasteful at best), just that they all play a roll in the cost of construction and the cost of living. Throughout my life I've heard people blame pretty much everything even somewhat associated with housing and construction as being a cause for the cost of living issues (they usually say the cause, but we all know that's not true most of the time).

This is just another example of a person saying "this one issue that we're attempting to address will solve all of your problems", which at this point is pretty much politics in America. Sure, it might help a little, but it sure as hell won't suddenly make things even remotely "affordable".

Okay, rant over.
 
I'd like to see drawings for the same house one designed to current code and one as a designer/builder would do it to make it more affordable. What's going to be left out? Insulation I guess but what else? AFCI and GFCI? Less expensive less efficient appliances etc?
 
Interesting post, if they really wanted to reduce the cost the bill would simply say no more changes can be done unless they show proof of directly reducing the cost of construction without decreasing safety.

My simple 1,200 sqft retirement home I first got pricing on in the fall of 2019 to build, self contracting, was estimated to come in around $85,000.00, is now in the fall of 2024 at $152,000.00, and the cost increases start with materials being 60% of the increase cost. Window & door package went from $13,500.00 to $22,600.00, alone, yes the same exact materials. Still in the pending stage...

Energy code added some twists, but not as much because the direction in the first place was heat savings, but the main cost increase here is the addition of a whole house air circulation system, added to a home plan without AC. Current home does not get above 75 inside with windows open during the summer.

What I find interesting is that I was reading a NAHB estimated average cost to build a home in 2024 was $162.00 per sqft, vs $103.00 in 2015.

"Construction Costs The average construction cost of a typical single-family home in the 2024 survey is $428,215 (Table 3), or about $162 per square foot – the highest in the history of this series.
The cost of construction per square foot was $80 in 2011, $95 in 2013, $103 in 2015, $86 in 2017, $114 in 2019, and $153 in 2022."

Quote From: NAHB Cost of Constructing a Home-2024 Report LINK

There is another article on the website "Todays Homeowner" that provides a different look at the same cost per state. LINK to TODAYS HOMEOWNER

I do agree with arwat23, in the case of Cali, the vast degree of cost increases that significantly skewed the cost of building in the state was done over the last 20-years, so just freezing the code will halt some future increases but will likely do nothing at lowering the current cost level of current construction going forward.

But interesting that the Cali law makers actually voted to take a pause...
 
Energy code added some twists, but not as much because the direction in the first place was heat savings, but the main cost increase here is the addition of a whole house air circulation system, added to a home plan without AC. Current home does not get above 75 inside with windows open during the summer.
First our energy efficiency upgrades sealed up all the holes in the building envelope. Now we have to punch a new hole and build a system to bring in outside air for IAQ requirements. We are not trusted to open a window for ourselves.
Sometimes I wonder if we went back to cheap, leaky windows we’d accomplish the same thing.
 
“One would require the state to consider subjecting small apartment buildings to a more relaxed set of standards.”

When you click on the link, the proposal is to apply the IRC instead of the IBC as the model code for multifamily housing up to 10 units.
You already sprinkler so just the single MOE savings then it sounds like....? Tell them to build 10 unit townhouses...
 
I'd like to see drawings for the same house one designed to current code and one as a designer/builder would do it to make it more affordable. What's going to be left out? Insulation I guess but what else? AFCI and GFCI? Less expensive less efficient appliances etc?
Walk it back, waaaaay back. Sprinklers for single family? Gone. Solar required? Electric Ready? EV Chargers? 20 years of energy code development? Gone.

Anybody pushing that agenda would get stomped real quick. To many powerful agencies with agendas.
 
“One would require the state to consider subjecting small apartment buildings to a more relaxed set of standards.”

When you click on the link, the proposal is to apply the IRC instead of the IBC as the model code for multifamily housing up to 10 units.
So does that effectively limit an up to 10 unit building to 3 stories and allow a single stair? But no limits on construction type?

It bothers me a lot of examples used to promote this are masonry buildings. I'd feel better if stick frame was limited to 4 or 6 units and/or maybe 1 storey above LED.
 
I agree, but if they want to try that I don't think it will hurt anything. Then in six years we can look back and say, "nice try."
Agreed. At the very least it wouldn't make things much more expensive than they already are. Then the only (major) factors that would continue to drive up the costs of construction (but hopefully at a slower rate) are land, labor, and inflation.

I'm not opposed to freezing codes. I'm not well informed enough to say if that'll hurt us long term or not. I'm just annoyed at this narrative that freezing codes alone will solve the issues our state (and a lot of other states and nations) are facing.
 
But interesting that the Cali law makers actually voted to take a pause...
The state's politics have been noticeably shifting since the pandemic (at least noticeably if you live in the state). Some things that were "unthinkable" in the state before 2020 are slowly becoming more common. The more people can't afford the basics, the more the philosophy in power, and the philosophy challenging the ones in power, will need to adapt.

Interesting stuff to watch tbh.
 
There was no mention of the requirement for a solar array on every new dwelling. Phasing out gas appliances is another missed topic.
 
Agreed. At the very least it wouldn't make things much more expensive than they already are. Then the only (major) factors that would continue to drive up the costs of construction (but hopefully at a slower rate) are land, labor, and inflation.
Part of it Shirley is that the builders and designers don't learn the newer codes until they meet us...then it slows the project down and generates change orders, which makes it more expensive and rather than learn, they just build stupid into the cost....
 
Our multifamily affordable housing clients are doing 100% electric buildings / no gas. Solar is mandatory. The switchgear is 2x the former capacity due to how So Cal Edison wants to account for the PV transmission.

Clients have gotten rid of gas BBQs in the common area to qualify as “no fossil fuels”. But the residents still BBQ, so guess what? We’re putting in charcoal BBQs instead of gas.
 
hurt us long term
The biggest aspect of this that will hurt would be all the changes that pile up. There will be a lot of proposed changes that will come in all at once and we will have a big change all at once instead of incremental changes.

One interesting point that I haven't seen come up is that this wouldn't be the first time this has happened. "California’s governor suspended rulemaking for the adoption of a new building code in the 2003 cycle. As a result, CBSC did not publish a 2004 edition of the CBC." This had so little effect that it's not even mentioned on his wiki page.


You'd think there's at least be a Terminator pun or something, but it was a meaningless blip in history. I think that this will most likely be the same thing, we will have a couple cycles with very few changes, then we will get a bunch of changes all at once, then back to business as usual.
 
One interesting point that I haven't seen come up is that this wouldn't be the first time this has happened. "California’s governor suspended rulemaking for the adoption of a new building code in the 2003 cycle. As a result, CBSC did not publish a 2004 edition of the CBC." This had so little effect that it's not even mentioned on his wiki page.
IRRC, the big behind-the-scenes battle had to do in large part with the plumbing code. The pipefitters union opposed PEX as a prescriptively allowable material in the code. Not to be cynical, but they (correctly) realized that allowing pex in lieu of copper would save a lot of labor costs. They formally opposed it on environmental/health grounds.
You may recall that Gov. Schtrongenbigger was elected in the wake of the Enron scandal and the implosion of the California energy market. The state was in recovery mode. The initial thinking was to hold out on code updates until the PEX issue could be resolved. It worked its way through the courts, and California had to do an Environmental Impact Report on the use of Pex. They skipped 2004, and finally did 2007. They could wait no longer because they needed to get the WUI Chapter 7A into place, as well as trying to make our accessibility code resemble ADAS. Pex was finally approved after the 2009 EIR was approved.
 
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