AMENDED IN SENATE AUGUST 10, 2026

AMENDED IN SENATE JUNE 24, 2026

AMENDED IN ASSEMBLY MAY 21, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

96

Introduced by Assembly Member Mark González

(Coauthors: Assembly Members Nguyen, Blanca Rubio, Schiavo, Wicks, Zbur, and Caloza)

February 20, 2026

An act to amend, repeal, and add Section 19837 of, and to add Sections 19838 and 19839 to, the Health and Safety Code, relating to building permits.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: yes

LEGISLATIVE COUNSEL’S DIGEST

Existing law requires every city, county, or city and county, whether general law or chartered, that requires the issuance of a permit as a condition precedent to the construction, alteration, improvement, demolition, or repair of any building or structure, to require the execution of a permit application, as specified.

Existing law permits a local agency, defined as a city, county, or city and county, to authorize its enforcement agency to contract with or employ a private entity or persons on a temporary basis to perform plan-checking functions for a nonresidential building, but that the local agency is not required to do so if it determines that no entities or persons are available or qualified to perform plan-checking services. Under existing law, when there is an excessive delay, as defined, in checking plans submitted as part of an application for specified nonresidential projects, a local agency is required to, upon request of the applicant, contract with or employ a private entity or persons on a temporary basis to perform the plan-checking function. Existing law defines “excessive delay” to mean, among other things, the local agency has taken more than 50 days to check plans and specifications, as provided.

This bill would, until January 1, 2037, 2032, revise and recast the above-described provisions related to private plan checking. The bill would, upon receipt of a complete application for a nonresidential building permit, require the local agency to provide the applicant with an estimated timeframe in which it will determine if the completed application is compliant with permit standards.

This bill would require the local agency to, upon an applicant’s request, contract with or employ a private plan-checking entity if the estimated timeframe would result in an excessive delay or if there is excessive delay by the local agency. The bill would prohibit a local agency from reducing, eliminating, or failing to fill budgeted civil service positions within the building department as a result of the use of private professional providers, as provided. If the local agency determines no private entities or persons are available or qualified to perform plan-checking services, the bill would authorize the applicant to retain, at their sole expense, a private professional provider, as specified. The bill would shorten the timeframe constituting an “excessive delay” from 50 days to 30 business days.

This bill would, until January 1, 2037, would require an applicant who retains a private professional provider to notify the city or county of their intent to retain the private professional provider within a prescribed timeframe. If a private professional provider performs the plan-checking function, the bill would impose additional requirements, including, among other things, requiring the private professional provider to prepare a specified affidavit, under penalty of perjury, and the applicant to submit to the city or county a specified report of the plan check.

This bill would require the city or county, within 10 business days of receiving the report, to consider the report and, based on the report, either issue the residential building permit permit, as provided, or notify the applicant that, according to the report prepared by the private professional provider, the plans and specifications do not comply, as specified. If the city or county notifies the applicant that the plans and specifications do not comply, the bill would authorize the applicant to resubmit corrected plans and specifications to the city or county, as specified. The bill would authorize a city or county to adopt requirements that limit the size of an eligible nonresidential building, as provided, or specify the eligible types of businesses or occupancy, provided that the requirements do not prohibit or effectively prohibit the use of a private professional provider as authorized by the bill.

Existing law, the Government Claims Act, establishes the liability and immunity of a public entity for its acts or omissions that cause harm to persons. Where a public entity is under a mandatory duty imposed by an enactment that is designed to protect against the risk of a particular kind of injury, existing law imposes liability upon the public entity for an injury of that kind proximately caused by its failure to discharge the duty unless the public entity establishes that it exercised reasonable diligence to discharge the duty.

This bill would, until January 1, 2037, notwithstanding existing public entity liability provisions, grant a public entity immunity from liability for an injury caused by their discretionary or ministerial acts or omissions relating to the issuance or denial of any nonresidential building permit pursuant to the bill’s provisions. The bill would require the applicant to enter into an agreement to defend, indemnify, and hold harmless the local agency and its agents, officers, and employees from any claim, action, or proceeding brought against the local agency or its agents, officers, or employees relating to any property damage or personal injury arising from construction in accordance with the plans checked by a private professional provider under the bill’s provisions.

Existing law permits the governing body of any county or city, including a charter city, to adopt an ordinance prescribing fees for filing applications for specified building permits, as provided.

This bill would broaden the above-described permission and require a county or city that prescribes fees for a nonresidential building permit to prepare a nonresidential building permit fee schedule and post the schedule on the county’s or city’s internet website.

This bill would additionally require a local building department to conduct an inspection of the permitted work for specified new nonresidential buildings or structures within 10 business days of receiving a notice of the completion of the permitted work authorized by a building permit issued for those projects.

By expanding the crime of perjury, and by imposing new duties on local agencies, the bill would impose a state-mandated local program.

The bill would include related findings and declarations.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for specified reasons.

The people of the State of California do enact as follows:

SECTION 1.

The Legislature finds and declares all of the following:

(a) Local building plan-checking functions are subject to extensive swings in workload, which can result in significant delays in processing nonresidential building permits.

(b) Prolonged delays in building plan-checking functions at the local level can negatively impact the state’s nonresidential construction pipeline and ultimately state and local economies.

(c) It is the intent of the Legislature to establish a set of options for local jurisdictions to augment, not replace existing building plan-checking functions and prevent excessive delays in this critical administrative process.

SEC. 2.

Section 19837 of the Health and Safety Code is amended to read:

19837.

(a) The governing body of a local agency may authorize its enforcement agency to contract with or employ a private entity or persons on a temporary basis to perform plan-checking functions.

(b) A local agency need not enter into a contract or employ persons if it determines that no entities or persons are available or qualified to perform plan-checking services.

(c) Entities or persons employed by a local agency may, pursuant to agreement with the local agency, perform all functions necessary to check the plans and specifications to comply with other requirements imposed pursuant to this part or by local ordinances adopted pursuant to this part, except those functions reserved by this part or local ordinance to the legislative body. A local agency may charge the applicant fees in an amount necessary to defray costs directly attributable to employing or contracting with entities or persons performing services pursuant to this section which the applicant requested.

(d) (1) Upon receipt of a complete application for a nonresidential building permit for a building, a city or county shall provide the applicant with an estimated timeframe in which the local agency will determine if the complete application is compliant with permit standards.

(A) If the estimated timeframe would result in an excessive delay in determining that the complete application is compliant with permit standards, the local agency shall, upon request of the applicant, contract with or employ a private entity or persons on a temporary basis to perform the plan-checking function, subject to subdivisions (b) and (c).

(B) If there is an excessive delay by the local agency in determining whether the complete application is compliant with permit standards, the local agency shall, upon request of the applicant, contract with or employ a private entity or persons on a temporary basis to perform the plan-checking function, subject to subdivisions (b) and (c).

(2) (A) If there has been an excessive delay pursuant to subparagraph (A) or (B) of paragraph (1), and a local agency determines that no entities or persons are available or qualified to perform plan-checking services, pursuant to subdivision (b), an applicant may retain, at the applicant’s sole expense, a private professional provider to check the plans and specifications for their compliance with the requirements imposed pursuant to this part and by local ordinances adopted pursuant to this part.

(B) The private professional provider shall be chosen from a list of qualified private professional providers that a local agency may choose to establish.

(C) If no list of qualified professional providers exists, the applicant may choose their own private professional provider who meets the qualifications specified in paragraph (8) of subdivision (j).

(e) An applicant who retains a private professional provider shall notify the city or county of the applicant’s intent to retain a private professional provider no later than five business days after either of the following, as applicable:

(1) Provision of the estimated timeframe in subparagraph (A) of paragraph (1) of subdivision (d).

(2) The time period in subparagraph (B) of paragraph (1) of subdivision (d) elapses.

(f) If a private professional provider performs the plan-checking function, all of the following shall apply:

(1) The private professional provider shall prepare an affidavit, under penalty of perjury, stating both of the following:

(A) That the plans and specifications do or do not comply with the requirements imposed pursuant to this part and local ordinances adopted pursuant to this part.

(B) The private professional provider performed the plan-checking function.

(2) The applicant shall submit to the city or county a report of the plan-checking function. The report shall include all of the following:

(A) The affidavit described in paragraph (1).

(B) If the plan and specifications do not comply with the requirements imposed pursuant to this part or local ordinances adopted pursuant to this part, modifications to the plans and specifications that are necessary to comply with the other requirements imposed pursuant to this part and the local ordinances adopted pursuant to this part.

(C) Additional information required by the city or county.

(3) Within 10 business days of receiving the report pursuant to paragraph (2), the city or county shall consider the report and based on the report shall do either of the following:

(A) Issue the nonresidential building permit if the plans and specifications comply with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part.

(B) Notify the applicant in writing that, according to the report prepared by the private professional provider, the plans and specifications do not comply with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part, if the plans and specifications do not comply with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part. The notice shall specify the requirements for the plans and specifications to comply with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part.

(4) The applicant shall enter into an agreement to defend, indemnify, and hold harmless the local agency and its agents, officers, and employees from any claim, action, or proceeding brought against the local agency or its agents, officers, or employees relating to any property damage or personal injury arising from construction in accordance with the plans checked by a private professional provider pursuant to this section.

(5) Notwithstanding Section 815.6 of the Government Code, a public entity or public employee is not liable for an injury caused by their discretionary or ministerial acts or omissions relating to the issuance or denial of any nonresidential building permit pursuant to this section.

(g) (1) If the city or county notifies the applicant pursuant to subparagraph (B) of paragraph (3) of subdivision (f), the applicant may resubmit corrected plans and specifications to the city or county to check the corrected plans and specifications.

(2) If an applicant resubmits corrected plans and specifications, the resubmitted plans and specifications shall be subject to the same timelines of a new application as specified in subdivision (f).

(h) A city or county may adopt requirements that do either of the following, provided that the requirements do not prohibit or effectively prohibit the use of a private professional provider pursuant to this section:

(1) Limit the size of an eligible nonresidential building to no less than 10,000 square feet.

(2) Specify the eligible types of businesses or occupancy.

(i) Nothing in this section shall be construed to prohibit a city, county, or city and county from providing a self-certification program under terms that are different from those set forth in this section to the extent that the local program does not conflict with the requirements of this section.

(j) For purposes of this section:

(1) “Applicant” means a person who submits an application.

(2) “Application” means an application for a nonresidential building permit.

(3) “Enforcement agency” means the building department or building division of a local agency.

(4) “Excessive delay” means the enforcement agency of a local agency has taken, or estimated they will take, either of the following:

(A) More than 30 business days after submittal of a complete application for a nonresidential building permit to complete the structural building safety plan check of the applicant’s set of plans and specifications that are suitable for checking.

(B) Including the days actually taken in subparagraph (A), more than 60 days to complete the checking of the resubmitted corrected plans and specifications suitable for checking after the enforcement agency had returned the plans and specifications to the applicant for correction.

(5) “Health facility” has the same meaning as defined in Section 1250.

(6) “Local agency” means a city, county, or city and county.

(7) “Nonresidential building permit” means a building permit for a nonresidential tenant improvement to a nonresidential building that meets all of the following conditions:

(A) The building is one to three stories, inclusive, in height, with no floors used for human occupancy located more than 40 feet above ground level.

(B) The building is a Group B (Business) Occupancy, as defined in the California Building Code (Part 7 2 of Title 24 of the California Code of Regulations), with an occupant load not exceeding 49 persons.

(C) The building is not a health facility or a public building.

(8) “Private professional provider” means a professional engineer licensed pursuant to the Professional Engineers Act (Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code) or an architect licensed pursuant to the Architects Practice Act (Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code) who is currently certified as a nonresidential plans examiner by the International Code Council, currently certified as a plans examiner by the International Association of Plumbing and Mechanical Officials, or currently certified by another state, national, or international association that the local agency recognizes as an acceptable certification for nonresidential building plans examiners employed by the city or county. The private professional provider shall not have a financial interest in the nonresidential building permit or in preparing the plans and specifications.

(k) Nothing in this section shall be construed to authorize the displacement of public employees. The use of a private professional provider pursuant to this section shall be strictly temporary in nature and shall not exceed the time required to complete the review of the tenant improvement application. A local agency shall not reduce, eliminate, or fail to fill budgeted civil service positions within the building department as a result of the use of private professional providers pursuant to this section.

(l) This section shall remain in effect only until January 1, 2037, 2032, and as of that date is repealed.

SEC. 3.

Section 19837 is added to the Health and Safety Code, to read:

19837.

(a) The governing body of a local agency may authorize its enforcement agency to contract with or employ a private entity or persons on a temporary basis to perform plan-checking functions.

(b) A local agency need not enter into a contract or employ persons if it determines that no entities or persons are available or qualified to perform plan-checking services.

(c) Entities or persons employed by a local agency may, pursuant to agreement with the local agency, perform all functions necessary to check the plans and specifications to comply with other requirements imposed pursuant to this part or by local ordinances adopted pursuant to this part, except those functions reserved by this part or local ordinance to the legislative body. A local agency may charge the applicant fees in an amount necessary to defray costs directly attributable to employing or contracting with entities or persons performing services pursuant to this section which the applicant requested.

(d) When there is an excessive delay in checking plans and specifications submitted as a part of an application for a nonresidential permit, for a building, other than a hotel or motel, which is one to three stories, inclusive, in height, as determined by the local agency, the local agency shall, upon request of the applicant, contract with or employ a private entity or persons on a temporary basis to perform the plan-checking function subject to subdivisions (b) and (c).

(e) When there is an excessive delay in checking plans and specifications submitted as a part of an application for a nonresidential permit for the remodeling or tenant improvements of a building, other than a hotel or motel, which is one to three stories, inclusive, in height, as determined by the local agency, the local agency shall, upon request of the applicant, contract with or employ a private entity or persons on a temporary basis to perform the plan-checking function subject to subdivisions (b) and (c).

(f) For purposes of this section:

(1) “Enforcement agency” means the building department or building division of a local agency.

(2) “Excessive delay” means the enforcement agency of a local agency has taken either of the following:

(A) More than 50 days after submittal of a complete application to complete the structural building safety plan check of the applicant’s set of plans and specifications that are suitable for checking. For a discretionary building permit, the time period specified in this paragraph shall commence after certification of the environmental impact report, adoption of a negative declaration, or a determination by the local agency that the project is exempt from Division 13 (commencing with Section 21000) of the Public Resources Code.

(B) Including the days actually taken in subparagraph (A), more than 60 days to complete the checking of the resubmitted corrected plans and specifications suitable for checking after the enforcement agency had returned the plans and specifications to the applicant for correction.

(3) “Local agency” means a city, county, or city and county.

(g) This section shall become operative on January 1, 2037. 2032.

SEC. 4.

Section 19838 is added to the Health and Safety Code, to read:

19838.

(a) The governing body of any county or city, including a charter city, may adopt an ordinance prescribing fees for filing applications pursuant to this chapter, but the fees shall not exceed the amount reasonably required by the local enforcement agency to issue permits pursuant to this chapter, and shall not be levied for general revenue purposes. The fees shall be imposed pursuant to Section 66016 of the Government Code.

(b) If a governing body of any county or city, including a charter city, prescribes fees for a nonresidential building permit, pursuant to paragraph (1), the city or county shall prepare a schedule of the fees for a nonresidential building permit and post the schedule on the county’s or city’s internet website.

SEC. 5.

Section 19839 is added to the Health and Safety Code, to read:

19839.

(a) This section shall only apply to a nonresidential building or structure classified under Chapter 3 of the California Building Code (Part 2 of Title 24 of the California Code of Regulations) as belonging to any of the following occupancy groups: A-1, A-2, A-3, A-4, A-5, B, E, F-1, F-2, M, S-1, S-2, or U.

(b) Within 10 business days of receiving a notice of the completion of the permitted work authorized by a nonresidential building permit issued for a project subject to this section, the building department of every city or county shall conduct an inspection of the permitted work.

SEC. 6.

The Legislature finds and declares that Sections 2, 3, 4, and 5 of this act amending, repealing, and adding Section 19837 of, and adding Sections 19838 and 19839 to, the Health and Safety Code address a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 2, 3, 4, and 5 of this act apply to all cities, including charter cities.

SEC. 7.

No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.