HomeMy WebLinkAbout2023-04-11; City Council Legislative Subcommittee; ; Legislative and Advocacy UpdateLEGISLATIVE SUBCOMMITTEE
Staff Report
Meeting Date: April 11, 2023
To: Legislative Subcommittee
From: Jason Haber, Intergovernmental Affairs Director
Staff Contact: Jason Haber, Intergovernmental Affairs Director
jason.haber@carlsbadca.gov, 442-339-2958
Subject: Legislative and Advocacy Update
District: All
Recommended Action
Receive updates on federal and state legislative and budget activity and recent and ongoing
advocacy efforts; discuss and provide feedback to staff, including identifying high-priority bills,
advocacy positions, funding opportunities, and items for future City Council consideration.
Discussion
Staff and the city's contract lobbyists -Federal: Carpi & Clay/ State: Renne Public Policy Group -
will present updates and overviews of federal and state legislative activity (Exhibits 1 and 2) and
the priority legislation and intergovernmental matters being tracked on behalf of the city (Exhibit
3).
The Subcommittee is requested to provide feedback to help city staff and the city's lobbying
consu ltants focus the city's advocacy efforts on high-priority bills and to identify bills for future City
Council consideration.
Position Letters Submitted to Committees and/or Legislative Offices:
1. AB 817 (Pacheco) -Coalition Letter of Support -The bill would remove barriers to entry for
appointed and elected office by allowing non-decision-making legislative bodies that do not
have the ability to take final action to participate in two-way virtual teleconferencing without
posting location. The bill is co-sponsored by the League of California Cities.
2. AB 557 (Hart) -Support -The bill would eliminate the January 1, 2024 sunset on the
provisions of the Brown Act (authorized by AB 361 (Rivas) in 2021) that provided additional
flexibility for local agencies looking to meet remotely during an emergency while still
maintaining public access and transparency.
3. SB 363 (Eggman) -Support -The bill would establish a real-time, internet-based database to
collect, aggregate, and display information about beds in inpatient psychiatric facilities, crisis
stabilization units, residential community mental health facilities, and licensed residential
alcoholism or drug abuse recovery or treatment facilities.
April 11, 2023 Item #3 Page 1 of 47
4. SB 43 (Eggman) -Support -The bill would ensure that a court is able to consider relevant
testimony related to medical history in the medical record during conservatorship
proceedings by creating a hearsay exception for medical history contained in the medical
record. The bill would also modernize the definition of "gravely disabled" within the
Lanterman-Petris-Short (LPS) Act to better meet the needs of individuals experiencing severe
mental illness.
Next Steps
Staff and the city's contract lobbyists will monitor, evaluate, and engage the Legislative
Subcommittee in a discussion of legislative activity and proposed measures that may impact city
operations and policy priorities throughout the 2023/2024 Legislative Session.
Public Notification
Public notice of this item was posted in keeping with the Ralph M. Brown Act and was available for
public viewing and review at least 72 hours before the scheduled meeting date.
Exhibits
1. Carpi & Clay-Federal Update
2. Renne Public Policy Group -State Update
3. Carlsbad Priority Bill List -April 5, 2023
April 11, 2023 Item #3 Page 2 of 47
City of Carlsbad
Federal Update
President Biden Releases FY24 Budget Proposal
March 31, 2023
On March 9th, President Biden released his fiscal year (FY) 2024 budget proposal. Overall,
the President's budget proposal calls for a 3.3% increase in defense spending (increase of
$28 billion from current levels) and a 6.5% increase for nondefense discretionary programs
(increase of $49.2 billion from current levels). The President's FY24 budget proposal can be
found HERE. and a fact sheet can be found HERE.. The chart below provides a comparison
between FY23 enacted levels and FY24 President's budget proposal request for federal
agencies/ departments.
A~~n,f lD~vartm~nt
Agriculture
Army Corps of Engineers -
Civil Works
Commerce
Defense
Education
Enernv
Environmental Protection
Agencv
Health & Human Services
Homeland Security
Housing & Urban
Development
Interior
Justice
Labor
State
Transportation
Treasury
Veterans' Affairs
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EY 2024 Pr~sident's B:ud~~t
:" ... -· fin hillionc.1
$30.1
$7.4
$12.3
$842.0
$90.0
$52.0
$12.0
$144.3
$60.4
$73.3
$18.3
$39.7
$15.1
$63.1
$27.8
$16.3
$137.9
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FY23 Ena,t~d L~vgis
fin hillinm;)
$26.3
$8.3
$11.0
$816.0
$79.2
$45.8
$10.1
$128.9
$61.0
$72.2
$17.2
$37.5
$13.6
$58.1
$26.0
$14.2
$134.9
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DOT Announces SMART Grant Awards
The Department of Transportation (DOT) awarded $94 million for 59 projects nationwide
through the Strengthening Mobility and Revolutionizing Transportation (SMART) Grants
Program. The SMART program was established to provide grants to eligible public sector
agencies to conduct demonstration projects focused on advanced smart community
technologies and systems to improve transportation efficiency and safety. A full list of
awards can be found HERE.
FHWA Publishes EV Charging and Fueling Infrastructure Grant NOFO
The Federal Highway Administration (FHWA) published a notice of funding opportunity
(NOFO) for the availability of $700 million in the Charging and Fueling Infrastructure
Discretionary Grant program. The funding is available to assist in deploying electric vehicle
(EV) charging and other alternative vehicle-fueling infrastructure projects in publicly
accessible locations in urban and rural communities and along Alternative Fuel Corridors.
Applications are due by May 30th and more information can be found HERE.
HUD Announces $2.8 Billion for CoC Competition Awards
The Department of Housing and Urban Development (HUD) announced $2.8 billion in
Continuum of Care (CoC) Competition Awards to support housing programs nationwide. The
CoC program is designed to support community goals to end homelessness. More
information and a list of awards by state can be found .HERE.
House Members Relaunch House Wildfire Caucus
Reps. Joe Neguse (D-CO) and John Curtis (R-UT) announced they are relaunching the House
Wildfire Caucus to advocate for emergency assistance for affected communities and to
promote wildfire management and mitigation proposals. A similar caucus exists in the
Senate and is chaired by Sens. Dianne Feinstein (D-CA) and Steve Daines (R-MT). House
Wildfire Caucus members sent a letter to the Appropriations Subcommittee on Interior,
Environment, and Related Agencies requesting "robust funding" for "wildfire preparedness,
mitigation, and response across the United States in Fiscal Year 2024." The letter can be
found HE.RE.
Congressiona I Letters
California Congressional Delegation Urges President Biden to Issue Major Disaster
Declaration for California. Sens. Feinstein and Padilla joined all 52 House Members of the
California delegation in a letter to President Biden urging him to approve California's request
for a major disaster declaration following another round of severe winter storms that began
in February. Earlier this year, the full delegation penned a similar letter for storms that
occurred in December and January. The letter says that "response and recovery efforts have
now been pushed to the limit" following the recent severe weather events and that a major
disaster declaration would provide additional federal resources to support those efforts. The
letter can be found HERE.
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Senator Feinstein Urges HHS to Quantify Public Health Impact of Wildfire Smoke. Sen.
Feinstein sent a letter to Department of Health and Human (HHS) Services Secretary Xavier
Becerra urging the department to address the public health impacts of wildfires. The letter
calls upon HHS to quantify the impacts of long-term exposure to wildfire smoke over
multiple seasons on hospitals and health infrastructure. The letter can be found HE..RE..
Federal Funding Opportunities/ Announcements
COPS Office Announces Availability of $224.5 Million for COPS Hiring Program. The
Department of Justice's (DOJ) Office of Community Oriented Policing Services (COPS)
announced the availability of $224.5 million for the FY23 COPS Hiring Program. The program
funds law enforcement agencies seeking to increase their community policing capacity and
crime prevention efforts. Applications are due May 11th and more information can be found
HERE.
COPS Office Announces Availability of $11.5 Million for CPD -CIT Program. The COPS
Office announced it is accepting applications for $11.5 million in funding for the FY23
Community Policing Development (CPD) -Implementing Crisis Intervention Teams (CIT)
program. The program funds state, local, tribal, and territorial governments to establish or
expand crisis intervention teams and embed mental health and behavioral services in law
enforcement agencies. Applications are due by May 8th and more information can be found
HE.RE..
COPS Office Announces Availability of $5 Million for CPD -Microgrants Program. The
COPS Office announced it is accepting applications for $5 million in funding for the FY23 CPD
-Microgrants program. The program funds demonstration or pilot programs by state, local,
tribal, and territorial law enforcement agencies designed to support:
• Officer recruitment, retention, and workforce diversification;
• Underserved populations;
• Building community trust and legitimacy;
• Hate crime and domestic terrorism enforcement; and
• Community violence intervention.
Applications a re due by May 8th and more information can be found .Hfilm.
COPS Office Announces Availability of $8.5 Million for CPD -Accreditation Program.
The COPS Office announced the availability of $8.5 million in grant funding for the FY23 CPD
-Accreditation program. The program funds implementation guidance for law enforcement
agencies seeking accreditation, enhancement of existing accredited law enforcement
agencies, the establishment of accreditation entities in states without one, and development
of a national marketing and information program for entities receiving COPS accreditation
grant funding. Applications are due by May 15th and more information can be found HERE.
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COPS Office Announces Availability of $73 Million for School Violence Prevention
Program. The COPS Office announced the availability of $73 million in grant funding for the
FY23 School Violence Prevention Program. The program funds state, local, and tribal
government projects that implement evidence-based school safety programs. Applications
are due by May 17th and more information can be found Hfillli.
DHS Releases $20 Million Targeted Violence and Terrorism Prevention NOFO. The
Department of Homeland Security (DHS) released a $20 million NOFO for the FY23 Targeted
Violence and Terrorism Prevention Grant Program. The grant funds projects by state, local,
tribal, and territorial governments to prevent targeted violence and terrorism. Applications
are due by April 25th and more information can be found .Hfil!E..
DOD Releases $100 Million Defense Community Infrastructure Pilot Program NOFO.
The Department of Defense (DOD) released a $100 million NOFO for the Defense Community
Infrastructure Pilot Program. The program is designed for state and local governments to
address deficiencies in community infrastructure supportive of a military installation to
enhance military value, installation resilience, and military family quality oflife. Applications
are due by June 23rd and more information can be found .1::1.fil!E.
DOJ Office on Violence Against Women Publishes FY23 Solicitation Release Plan. DO J's
Office on Violence Against Women published its FY23 Solicitation Release Plan, including the
anticipated schedule for its discretionary grant programs. More information can be found
HERE.
EDA Releases $30 Million Public Works and Economic Adjustment Assistance NOFO.
The Economic Development Administration (EDA) released a $30 million NOFO for the FY23
Public Works and Economic Adjustment Assistance program. The program supports the
construction and upgrading of public infrastructure, sectoral partnerships for workforce
training, design and engineering assistance, technical assistance, economic recovery
strategies, and capitalization or re-capitalization of revolving loan funds. Applications are
accepted on a rolling basis and more information can be found HERE.
EPA Announces Availability of $16 Million for Two EJ P2 Grants. EPA announced the
availability of $16 million in Pollution Prevention (P2) Grants focused on environmental
justice (EJ).
• P2 Grant: EJ in Communities ($8 million): This grant provides technical assistance
to businesses on pollution prevention that improves health and environmental
conditions in disadvantaged communities. Applications are due by June 6th and more
information can be found Hfil!E..
• P2 Grant: EJ Through Safer and More Sustainable Products ($8 million): This
grant program provides technical assistance to businesses to improve health and the
environment in disadvantaged communities by increasing the supply, demand, and
use of safer and sustainable products. Applications are due by June 20th and more
information can be found HERE.
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FEMA Releases Updated Hazard Mitigation Assistance Guide. FEMA released an updated
Hazard Mitigation Assistance Program and Policy Guide to improve stakeholder accessibility
to resilience grant programs. The guide is for state, local, tribal, and territorial governments
to use throughout the Hazard Mitigation Assistance grant lifecycle process. Updates include
information on climate change, building codes, capability and capacity building, nature-
based solutions, and community lifelines. The guide can be found .H..E..HE.
HUD Announces $30 Million Foster Youth to Independence Initiative NOFO. HUD
announced the availability of $30 million in funding for the Foster Youth to Independence
Initiative. This program provides housing assistance to young adults transitioning out of
foster care. Applications are accepted on a rolling basis until program funding is exhausted,
and more information can be found HERE.
HUD Awards $54.55 Million in Fair Housing Initiatives Program Grants. HUD
announced $54.55 million in funding for 182 fair housing organizations nationwide through
the Fair Housing Initiatives Program. $28.2 million will support national, state, and local fair
housing entities in addressing Fair Housing Act violations and housing discrimination. The
remaining $26.35 million will fund second and third-year Private Enforcement Initiative
grantees for fair housing enforcement. The list of awardees can be found HERE.
Federal Agency Personnel/Regulatory Announcements
White House Releases New Climate Tools and Reports. The White House released five
new climate adaptation and mitigation tools for government agencies.
• Federal Flood Risk Management Standard Climate-Informed Approach State of
the Science Report. This report provides updates about current and future flood
risks. The report can be found HERE.
• Selecting Climate Information to Use in Climate Risk and Impact Assessment:
Guide for Federal Agency Climate Adaption Planners. This guide provides
information to advance federal climate adaptation plans. The guide can be found
H.E..RE.
• A Federal Framework and Action Plan for Climate Services. This plan aims to
increase the accessibility of federal climate information and tools to communities.
The plan can be found .H..E..HE.
• Resilience Science and Technology Grand Pathways Framework. This
framework provides resilience information and resources related to natural disasters
and infrastructure. The framework can be found HERE.
• Ocean Climate Action Plan. This plan aims to find ocean-based solutions to climate
change. The plan can be found HERE.
CEQ Announces New EJ Staff. The Council on Environmental Quality (CEQ) announced five
new staff members covering EJ issues. Corey Solow will serve as a Senior Adviser to CEQ
Chair Brenda Mallory, Amanda Patel will serve as Special As~istant for EJ, Ryan Hathaway
will serve as Director of the White House EJ lnteragency Council, and Marccus Hendricks will
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serve as Senior Adviser for Climate and Community Resilience. Additionally, Nick Thorpe
will join CEQ as an EJ Policy Adviser in the coming weeks.
DOT Sends Letter to House Appropriations in Response to Proposed Budget Cuts. DOT
sent a letter to House Appropriations Ranking Member Rosa DeLauro outlining the impacts
a proposed plan to cap discretionary spending at FY 2022 enacted levels would have on DOT,
its agencies, and programs. The letter can be found HERE.
EPA Seeking Nominations for NDWAC. EPA is seeking nominations for the National
Drinking Water Advisory Council (NDWAC), a committee created by the Safe Drinking Water
Act to provide independent expert advice to EPA. Council members include individuals with
experience in national, state, and local drinking water issues. EPA will consider nominations
for three vacancies in 2023 and two in 2024, and individuals may self-nominate. Applications
are due by April 12th and more information can be found HERE.
EPA Releases Excess Food Opportunities Map. EPA released the Excess Food
Opportunities Map, a tool to support the diversion of food from landfills nationwide. The
map provides facility-specific information about potential suppliers and recipients of excess
food in various sectors and provides excess food estimates for each facility. The tool can be
found HERE.
EPA Releases Clean Energy Financing Toolkit. EPA released its Clean Energy Financing
Toolkit, providing profiles of roughly a dozen types of clean energy financing available to
state and local governments. The tool provides a range of financing programs across multiple
sectors, view example programs, and access additional information from EPA. The tool can
be found HERE.
EPA Releases Memorandum on Cybersecurity for Water Systems. EPA released a
memorandum for states to reassess water system cybersecurity practices due to rising
threat concerns. The memo, "Evaluating Cybersecurity During Public Water System Sanitary
Surveys," instructs states to assess cybersecurity concerns during periodic water system
audits and includes a commitment from EPA to provide technical assistance and additional
resources. The memo can be found HERE.
FHWA Requests Comments on General Applicability Waiver of Buy America
Requirements for Manufactured Products. FHW A is seeking comments on its existing
general applicability waiver for manufactured products under its Buy America waiver
authorities. Following review and consider?tion of comments, FHWA will publish a
determination on whether to continue, discontinue, or otherwise modify the waiver and will
consider other actions related to the implementation of Buy America requirements for
manufactured products. Comments are due by April 17th and information can be found
Hfillli.
HUD Announces 2023 Innovative Housing Showcase. HUD announced it is hosting the
2023 Innovative Housing Showcase from June 9th -11th on the National Mall in Washington,
D.C. The event will showcase innovative and affordable housing designs through exhibits
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that will feature full-sized prototype homes and technologies that address housing
affordability and resilience. More information can be found HERE.
HUD Announces Two New Disaster Recovery Offices. HUD announced the creation of two
new offices for disaster recovery to better assist local governments dealing with recovery
from weather-related disasters. The Office of Disaster Management will be in the Office of
the Deputy Secretary, and the Office of Disaster Recovery will be in the Office of Community
Planning and Development. HUD anticipates these offices will help the agency streamline
disaster recovery efforts and increase the capacity to distribute funding to disaster-affected
communities.
HUD Releases Discriminatory Effects Final Rule. HUD released its Final Rule entitled
"Restoring HUD's Discriminatory Effects Standards." The rule rescinds HUD's 2020 rule
governing Fair Housing Act disparate impact claims and restores the 2013 discriminatory
effects rule. The rule is effective thirty days after publication in the Federal Register. Pre-
publication text of the rule can be found HERE.
HUD Releases Updated Section 8 Renewal Policy Guidebook. HUD released an updated
Section 8 Renewal Policy Guidebook for property owners participating in the Section 8
Project-Based Rental Assistance program. The new guidance becomes effective on May 1st
and more information can be found HERE.
IRS Announce Tax Filing Extension for Residents of 44 California Counties Under
FEMA Emergency Declaration. The Internal Revenue Service (IRS) announced that
residents of the 44 counties currently under a FEMA emergency declaration related to the
recent severe storms will have until October 16th to file federal tax returns. The deadline
automatically applies to residents in any of the FEMA designated counties, and businesses
that owe interim taxes, quarterly payroll taxes, and excise taxes may also take advantage of
the deadline extension. More information from the IRS can be found HERE.
## ## ##
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April 3, 2023
To: Teresa Acosta, Councilmember
Melanie Burkholder, Councilmember
Jason Haber, Intergovernmental Affairs Director
Allegra Frost, Assistant City Attorney
City of Carlsbad
From: Sharon Gonsalves
Director of Government Affairs
Renne Public Policy Group
RE: Legislative Summary -March 2023
BILL INTRODUCTION DEADLINE
• Exhibit2 !!~!!!!
The legislative session is in full swing with hundreds of bills having been set in their respective policy
committee(s) and with committee hearings being well underway with stacked agendas. All policy bills
must pass out of referred policy committees in their house of origin by May 5. From there, all bills must
be voted on and passed to the opposite house (i.e., all Senate Bills must pass to the Assembly and vice
versa) by June 2. In addition, bills are continuing to be amended and therefore what RPPG is tracking for
the City, including as priority, will be in flux for the next several weeks.
RPPG MONTHLY LEGISLATIVE ACTIVITY
RPPG continues to review priority bills during regularly scheduled check-ins with City staff, to provide draft
content for t he Council to consider, to craft talking points for meetings with legislative representatives
and agency officials, and to conduct meetings with key legislative offices as appropriate.
RPPG provided the City on March 14 with a detailed summary of the first Joint Informational Hearing on
Housing Production, titled "RPPG First Joint Housing Hearing Carlsbad Memo." The memo provided
background information of the hearing, including presenters and issues covered, as well as key talking
points from State legislators. Due to the importance of housing to the City, RPPG will keep the City
apprised of important updates in this subject area.
The City of Carlsbad will be in Sacramento for the Cal Cities City Leaders Summit April 12-14. RPPG has
reached out to Cal Trans and other agencies for potential meetings.
RPPG provided the City on March 23 with a summary of SB 747 (Caballero) pertaining to economic
development opportunities and the Surplus Lands Act.
Additionally, RPPG has tagged 97 bills for the City as "priority," which may be of potential interest or
impact to the City's operations or priority issues, per the legislative platform. We will continue to bring
bills of potential interest to staff for the City's review in the coming weeks.
SPECIAL LEGISLATIVE SESSION
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The legislature continued to hold hearings on SBXl-2 (Skinner-D), which mandates extensive data
reporting to the California Energy Commission (CEC} from various specified entities along California's oil
and gasoline supply chain. The bill also authorizes the CEC to establish a maximum gross gasoline refining
margin and penalty on gasoline sold by refiners in the state. The legislation increases by tenfold the
maximum fines state regulators can issue to enforce the new policies. The bill also establishes a new
division and advisory committee at the CEC and requires various reports and assessments by the CEC to
be submitted to the Legislature regarding the current status and future managed decline of transportation
fuels. The bill was signed into law by Governor Newsom on March 28 and will go into effect on June 26.
However, it is likely that it could take more a year for oil refiners to experience the full impact of the
measure, placing a date of mid-2024 of when a penalty and profit margin maximum would go into effect.
ADMINISTRATION ACTIONS
RPPG deemed several actions taken by the Administration to be of importance to the City.
Statewide Tour
This year, rather than giving a State of the State address, Governor Newsom did a four-day statewide tour.
• Day One
o In Sacramento, the Governor met with State and local leaders and advocates to announce
$1 billion in homelessness funding and a large mobilization of small homes to support
communities across the State who are working to reduce homelessness.
o The California National Guard will also assist in the preparation and delivery of 1,200 small
homes to Los Angeles, San Diego County, San Jose, and Sacramento -free of charge and
ready for occupancy.
• DayTwo
o In the San Francisco Bay area, the Governor traveled to San Quentin State Prison to
announce that the facility, which is currently a maximum-security prison home to the
largest population of "death row" inmates in the United States, will be converted into a
facility focused on rehabilitation and education.
• Day Three
o In Downey, the Governor, alongside California Health and Human Services Agency
Secretary Dr. Mark Ghaly, health care advocates, and members of the legislature,
announced California will be manufacturing and distributing its own insulin for $30 per
vial. The State will pursue other prescription drugs through the CalRx program, including
Naloxone, as part of the Governor's plan to address the fentanyl and opioid crisis.
• Day Four
o In San Diego, the Governor toured a hospital where he proposed a 2024 ballot initiative
to improve how California treats mental illness, substance abuse, and homelessness. The
initiative would allow the issuance of a bond to build state-of-the-art mental health
treatment residential settings in the community that would house Californians with
mental illness and substance use disorders, to create housing for homeless veterans, and
to modernize the Mental Health Services Act so that it would require at least $1 billion
every year for behavioral health housing and care.
In addition, the Governor released a State of the State letter to the State Legislature, which gave an
overview of his recent actions and future priorities.
Press Conference with Attorney General Banta
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On March 9, Governor Newsom held a joint press conference with Attorney General Bonta and the
Department of Housing and Community Development (HCD) to announce that the State is suing the City
of Huntington Beach for "violating state housing laws." According to the press release, "The lawsuit filed
yesterday challenges Huntington Beach's illegal ban on applications for SB 9 and ADU projects. [The] State
is also filing motion to block enforcement of Huntington Beach's illegal policies restricting SB 9 and ADU
applications while litigation is ongoing." RPPG will keep the City apprised of any key developments in this
lawsu it due to housing's importance to the City.
Press Conference on Drought Update
On March 24, 2023, Governor Newsom held a press conference from Yolo County to give an update on
state drought conditions after recent winter storms. The Governor was joined by Secretary Wade
Crowfoot of the California National Resources Agency, Secretary Yana Garcia of the California
Environmental Protection Agency, Secretary Karen Ross of the Ca lifornia Department of Food and
Agriculture, and the Yolo County Board of Supervisors.
Since the storms and atmospheric river conditions from December 2022 to March 2023, California has
seen unprecedented levels of rain and snow fall. Groundwater supply has increased exponentially, with
50 million acre-feet of the state's 80 million acre-feet groundwater storage capacity filled over the past
four months. The Governor stressed long term planning and climate conservation as major policy goals,
while highlighting that regions such as the Klamath Basin in the north and Colorado River Basin in the
south still face drought conditions.
Regarding the Governor's May Budget Revise, Governor Newsom stated that funding for drought
mitigation will be maintained, and that augmentations for resource allocation strategies regarding recent
flooding and storm damage will occur. The Governor ended by reiterating that while California's water
supply has been largely replenished, the drought is not completely over, and policies to deal with extreme
weather events in the future will need to become the new norm. The Governor stressed that provisions
are still in place to address the historic 3-year drought the state had experienced prior.
Executive Orders
On March 10, due to the high levels of rain and snow, the Governor issued an executive order "to use
floodwater to recharge and store groundwater." The executive order enables local water agencies and
other water users to capture water from the latest round of storms to recharge state groundwater
supplies. The order suspends regulations and restrictions on permitting and use to enable water agencies
and water users to divert flood stage water for the purpose of boosting groundwater recharge. The order
includes wildlife and habitat protections, ensuring that any diversions would not harm water quality or
habitat or take away from environmental needs.
On March 31, due to the Tulare Lake Basin facing significant flooding, the Governor issued an executive
order to "streamline state preparation, response and recovery actions and supports local flood response
efforts." The executive order supports the ongoing emergency response to flooding and help prepare
communities for the impacts of snowmeft runoff from the Sierra Nevada in the months ahead. The order
streamlines regulations in order to expedite preparation and recovery efforts, boosts staffing for
emergency response efforts, and supports impacted schools.
LEGISLATIVE TIMING AND KEY DATES
• March 30
• April 10, 2023
April 11, 2023
Spring Recess begins upon adjournment
Legislature reconvenes from Spring Recess
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ADVOCACY FOR THE PUBLIC GOOD.
• May 5, 2023
• May 12, 2023
• Mid-May, 2023
• June 2, 2023
• June 15, 2023
• June 30, 2023
April 11, 2023
Deadline for bills to pass out of their policy committees
Last day for policy committees to meet prior to June 5
Release of the Governor's May revise of the budget
House of origin deadline for bills introduced in 2023
FY23-24 budget must be passed by the Legislature
Governor Newsom signs the FY23-24 budget
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Priority Legislation April 5, 2023
( City of
Carlsbad
C al i f or n i a
Cannabis
• Exhibit3 !!r.~§
AB 374 {Haney) Cannabis: local control: cannabis consumption. {Introduced: 2/1/2023) Link
The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things,
consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities.
MAUCRSA establishes the Department of Cannabis Control (department) within the Business, Consumer
Services, and Housing Agency to administer the act, and requires the department to be under the
supervision and control of a director. Current law provides that a local jurisdiction may allow for the
smoking, vaporizing, and ingesting of cannabis or cannabis products on the premises of a retailer or
microbusiness licensed under this division if certain conditions are met. This bill would specify that a
local jurisdiction exercising the authority described above may allow the retailer or microbusiness to
conduct business activities on the premises other than the smoking, vaporizing, and ingesting of
cannabis or cannabis products, including, but not limited to, selling non-cannabis-infused food, selling
nonalcoholic beverages, and allowing, and selling tickets for, live musical or other performances.
Status: 2/17 /2023-Referred to Corns. on B. & P. and G.O.
Calendar: 4/11/2023 9:30 a.m. -10210 Street, Room 1100 ASSEMBLY BUSINESS AND
PROFESSIONS, BERMAN, MARC, Chair,
SB 512 {Bradford) Cannabis: taxation: gross receipts. {Amended: 3/20/2023) Link
This bill, beginning January 1, 2024, would exclude from the term "gross receipts" under the Sales and
Use Tax Law the amount of the cannabis excise tax imposed under the Cannabis Tax Law and the
amount of any tax imposed by a city or county on the privilege of engaging in commercial cannabis
activity, as specified. The bill, beginning January 1, 2024, would also prohibit a city or county from
including in the definition of gross receipts, for purposes of any local tax or fee on the privilege of
engaging in commercial cannabis activity, as specified, the amount of any cannabis excise tax imposed
under the Cannabis Tax Law or any sales and use taxes. By imposing new requirements on local
governments with respect to their taxes and fees, the bill would impose a state-mandated local
program.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, if the Commission on State Mandates determines that the
bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the
April 11, 2023 Item #3 Page 14 of 47
ADVOCACY FOR THE PUBLIC GOOD.
statutory provisions noted above.AU MA authorizes legislative amendment of its provisions with a 2/3
vote of both houses, without submission to the voters, to further its purposes and intent.This bill would
declare that its provisions further the purposes and intent of AU MA.This bill would take effect
immediately as a tax levy.
Status: 3/29/2023-Re-referred to Com. on GOV. & F.
Children, Youth and Recreation
AB 1056 (Davies) Department of Parks and Recreation: California Youth Water Safety State Grant.
(Amended: 3/30/2023) Link
Current law establishes the Department of Parks and Recreation in the Natural Resources Agency, and
specifies that the department shall be conducted under the control of an executive officer known as the
Director of Parks and Recreation. Current law requires the director to establish the Outdoor Equity
Grants Program to increase the ability of underserved and at-risk populations to participate in outdoor
environmental educational experiences at state parks and other public lands where outdoor
environmental education programs take place, among other requirements placed on the department
and the director. This bill would require the department to establish and administer the California Youth
Water Safety State Grant. The bill would require the department to make funding available to nonprofit
organizations, special districts, and city or county parks and recreation departments to provide free
swimming lessons for low-income and at-risk youth.
Status: 4/3/2023-Re-referred to Com. on W., P., & W.
Calendar: 4/18/2023 9 a.m. -State Capitol, Room 444 ASSEMBLY WATER, PARKS AND
WILDLIFE, BAUER-KAHAN, REBECCA, Chair,
Economic Development
AB 286 (Wood) Broadband infrastructure: mapping. (Introduced: 1/24/2023) Link
Current law requires the Public Utilities Commission, in collaboration with relevant state agencies and
stakeholders, to maintain and update a statewide, publicly accessible, and interactive map showing the
accessibility of broadband service in the state. Current law authorizes the commission to collect
information from providers of broadband services at the address level and prohibits the commission
from disclosing certain protected residential subscriber information. This bill would require that the map
identify, for each address in the state, each provider of broadband services that offers service at the
address and the maximum speed of broadband services offered by each provider of broadband services
at the address.
Status: 3/29/2023-VOTE: Do pass as amended and be re-referred to the Committee on [Appropriations]
(PASS)
AB 341 (Ramos) Gambling: local moratorium. (Amended: 3/15/2023) Link
Current law requires an amendment to a city or county ordinance relating to a gambling establishment
or the Gambling Control Act to be submitted to the Department of Justice for review and comment
before the ordinance is adopted by the city or county. Prior law, until Janu ary 1, 2023, prohibited the
commission from issuing a gambling license for a gambling establishment that was not licensed to
April 11, 2023 Item #3 Page 15 of 47
operate on December 31, 1999, except as specified. This bill would reenact that prohibition until January
1, 2043, and would prohibit the commission from issuing a gambling license for a gambling
establishment that was not licensed to operate on December 31, 2022, and that is pending before the
commission as of January 1, 2024. The bill would also invalidate a gambling license for a gambling
establishment that was not licensed to operate on December 31, 2022, and that was issued between
December 31, 2022, and January 1, 2024.
Status: 3/23/2023-Read third time. Passed. Ordered to the Senate. In Senate. Read first time. To Com.
on RLS. for assignment.
AB 662 (Boerner Horvath) Federal Broadband Equity, Access, and Deployment Program funds:
administration. (Amended: 3/9/2023) Link
Pursuant to its current authority, the commission supervises administration ofthe state's
telecommunications universal service programs, including, among others, the California Advanced
Services Fund (CASF). Current law requires the commission to develop, implement, and administer the
CASF program to encourage deployment of high-quality advanced communications services to all
Californians that will promote economic growth, job creation, and the substantial social benefits of
advanced information and communications technologies. Current law requires the commission to
establish specified accounts within the CASF, including, among other accounts, the Broadband
Infrastructure Grant Account and the Federal Funding Account. This bill would require the commission,
in administering federal Broadband Equity, Access, and Deployment Program funds pursuant to the
federal Infrastructure Investment and Jobs Act, to use processes and procedures that are consistent
with guidelines adopted by the National Telecommunications and Information Administration for the
use of the program funds. The bill would prohibit the commission from imposing any additional rules,
processes, procedures, prohibitions, funding prioritizations, or eligibility criteria on any applicant that
are not consistent with or explicitly required by the federal guidelines. The bill would require the
commission, in exercising any discretion in adopting rules, processes, and procedures to administer
program funds, to aim to adopt rules, processes, and procedures that, among other things, use the most
robust, granular, and accurate broadband availability data.
Status: 3/29/2023-From committee: Do pass and re-refer to Com. on APPR. with recommendation: To
Consent Ca lendar. (Ayes 13. Noes 0.) (March 29). Re-referred to Com. on APPR.
AB 930 (Friedman) Local government: Reinvestment in Infrastructure for a Sustainable and Equitable
California (RISE) districts. (Introduced: 2/14/2023) Link
Would authorize the legislative bodies of 2 or more local governments, defined to include a city, county,
special district, or transit agency, to jointly form a Reinvestment in Infrastructure for a Sustainable and
Equitable California district (RISE district) in accordance with specified procedures. The bill would
require the Office of Planning and Research (OPR) to develop standards for the formation of RISE
districts no later than November 30, 2025. The bill would provide for the establishment of a governing
board of a RISE district with representatives of each participating local government.
Status: 3/2/2023-Referred to Corns. on L. GOV. and J., E.D., & E.
Calendar: 4/19/2023 1:30 p.m. -State Capitol, Room 447 ASSEMBLY LOCAL GOVERNMENT, AGUIAR-
CURRY, CECILIA, Chair,
April 11, 2023 Item #3 Page 16 of 47
AB 1195 (Calderon) Climate Change Preparedness, Resiliency, and Jobs for Communities Program:
climate-beneficial projects: grant funding. (Amended: 3/29/2023) Link
Would establish the Climate Change Preparedness, Resiliency, and Jobs for Communities Program, to be
administered by the Strategic Growth Council, and would require the council to fu~d grants to develop
and implement multibenefit, community-level, climate-beneficial projects to support community and
landscape resiliency and workforce development. The bill would require the council to award
competitive grants to eligible entities, as defined, through an application process, as provided. The bill
would require the council, on or before July 1, 2024, to develop guidelines to implement the program
and criteria to select projects eligible for grant funding that include, at a minimum, specified information
related to community resiliency grants, landscape resiliency grants, and climate and career pathways
grants.
Status: 3/30/2023-Re-referred to Com . on APPR.
Elections, Political Reform and Redistricting
AB 764 (Bryan) Local redistricting. (Amended: 3/23/2023) Link
Current law requires counties, general law and charter cities, and special districts that elect their
governing boards using district-based elections to adopt new district boundaries following each federal
decennial census. Existing law also requires county boards of education, and the governing boards of
school districts and community college districts in which trustee areas have been established, to adopt
new boundaries for the trustee areas following each federal decennial census. Current law requires
these local governments to adopt the new boundaries using specified criteria and by specified deadlines.
This bill would revise and recast these provisions. The bill would require counties, county boards of
education, cities, school districts, community college districts, and special districts, if the governing body
of these local governments is elected by districts, to comply with uniform requirements related to
redistricting. The bill would require local governments to adopt district boundaries following the
decision to establish district-based elections and following each federal decennial census.
Status: 3/27 /2023-Re-referred to Com. on ELECTIONS.
Calendar: 4/19/2023 9 a.m. -State Capitol, Room 444 ASSEMBLY ELECTIONS, BRYAN, ISAAC, Chair,
SB 24 (Umbergl Political Reform Act of 1974: public campaign financing. (Amended: 3/30/2023) Link
The Politica l Reform Act of 1974 prohibits a public officer from expending, and a candidate from
accepting, public moneys for the purpose of seeking elective office. This bill would permit a public
officer or candidate to expend or accept public moneys for the purpose of seeking elective office if the
state or a local governmental entity established a dedicated fund for this purpose, as specified. The bill
would prohibit the public moneys for this dedicated fund from being taken from public moneys that are
earmarked for education, transportation, or public safety. This restriction would not apply to charter
cities.
Status: 3/30/2023-From committee with author's amendments. Read second time and amended. Re-
referred to Com. on E. & C.A.
April 11, 2023 Item #3 Page 17 of 47
SB 251 (Newman) Political Reform Act of 1974: elected officers: conflicts of interest.
{Amended: 3/8/2023) Link
The Political Reform Act of 1974 provides for the comprehensive regulation of conflicts of interest of
public officials. The act makes a knowing or willful violation of its provisions a misdemeanor. This bill
would prohibit an elected officer from employment by any other elected officer with the same
constituency, except if the elected officer first began their employment by the other elected officer with
the same constituency on or before December 31, 2023. The bill would not apply to statewide elected
officers.
Status: 4/3/2023-Set for hearing April 18.
Calendar: 4/18/2023 9:30 a.m. -1021 0 Street, Room 2100 SENATE ELECTIONS AND CONSTITUTIONAL
AMENDMENTS, GLAZER, STEVE, Chair,
Emergency Response and Disaster Preparedness
AB 388 {Connolly) Wildfire and Forest Resilience Action Plan: implementation strategies: roadmap.
(Amended: 3/2/2023) Link
Current law requires the Wildfire and Forest Resilience Task Force, including the Natural Resources
Agency, the California Environmental Protection Agency, the Office of Planning and Research, and the
Department of Forestry and Fire Protection, in coordination with certain public agencies, to develop a
comprehensive implementation strategy to track and ensure the achievement of the goals and key
actions identified in the Wildfire and Forest Resilience Action Plan, as provided. This bill would require
the Director of Forestry and Fire Protection, in consultation with the task force, to establish a roadmap
for developing and deploying larger landscape level projects to contribute to the achievement of the
goals outlined in the implementation strategy. The bill would authorize the director to directly award
regional block grants to eligible regional entities, forest collaboratives, and partnerships to implement
regional plans, strategies, agreements, and initiatives.
Status: 3/28/2023-From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (March
27). Re-referred to Com. on APPR.
AB 622 (Lackey) Residency: displacement by natural disaster. (Introduced: 2/9/2023) Link
Current law describes the domicile of a person for voting purposes as that place in which their
habitation is fixed, wherein the person has the intention of remaining, and to which, whenever they are
absent, the person has the intention of returning. Current law provides that a person who leaves their
home to go into another state or precinct in this state for temporary purposes, with the intention of
returning, does not lose their domicile. Current law also provides that a person does not gain a domicile
in any precinct they go into for temporary purposes if the person does not intend to make that precinct
their home. This bill would additionally provide that a person who leaves their home for temporary
purposes because of a natural disaster, and who intends to return to the home or to another address
within the same jurisdiction, does not lose the person's domicile at that home.
Status: 2/17 /2023-Referred to Com. on ELECTIONS.
April 11, 2023 Item #3 Page 18 of 47
ADVOCACY FOR THE PUBLIC GOOD.
AB 781 (Maienschein) Accessibility to emergency information and services: emergency shelters:
persons with pets. (Introduced: 2/13/2023) Link
Current law, the California Emergency Services Act, provides that political subdivisions, as defined, have
full power during a local emergency to provide mutual aid to any affected area in accordance with local
ordinances, resolutions, emergency plans, or agreements. Existing law defines "emergency plan" for
these purposes to mean official and approved documents that describe the principles and methods to
be applied in carrying out emergency operations or rendering mutual aid during emergencies. Current
law requires that a county send a copy of its emergency plan to the Office of Emergency Services upon
an update to the plan.This bill would require a county, on or before July 1, 2024, to update its
emergency plan to designate emergency shelters able to accommodate persons with pets. The bill
would require a city that has previously adopted an emergency plan designating emergency shelters to
update its emergency plan to designate emergency shelters able to accommodate persons with pets on
or before July 1, 2024. The bill would require an emergency shelter designated as able to accommodate
persons with pets to be in compliance with safety procedures regarding the sheltering of pets
established in the component of the state and local emergency plan and applicable disaster assistance
policies and procedures of the Federal Emergency Management Agency. This bill would require that
whenever a city or county designates an emergency shelter, cooling ce nter, or warming center that it
also designate an emergency shelter, cooling center, or warming center, as applicable, that can
accommodate persons with pets.
Status: 3/28/2023-From committee: Do pass and re-refer to Com. on APPR. with recommendation: To
Consent Calendar. (Ayes 7. Noes 0.) (March 27). Re-referred to Com. on APPR.
AB 788 (Petrie-Norris) Fire prevention: grant programs: reporting. (Introduced: 2/13/2023) Link
Current law requires the Wildfire and Forest Resilience Task Force to develop a comprehensive
implementation strategy to track and ensure the achievement of the goals and key actions identified in
the state's "Wildfire and Forest Resilience Action Plan" issued by the task force in January 2021. Current
law requires the task force t o submit, as part of the implementation strategy, a report to the
appropriate policy and budget committees of the Legislature on progress made in achieving the goals
and key actions identified in the state's action plan, on state expenditures made to implement these key
actions, and on additional resources and policy changes needed to achieve these goals and key actions,
as provided.This bill would require the task force, on or before July 1, 2024, and annually thereafter, to
compile and post on its internet website specified information relating to specified state and federal
grant programs relating to fire prevention, as provided.
Status: 3/28/2023-From committee: Do pass and re-refer to Com. on APPR. with recommendation: To
Consent Calendar. (Ayes 11. Noes 0.) (March 27). Re-referred to Com. on APPR.
AB 944 (Irwin) Fire stations: alternative power generation. (Amended: 3/20/2023) Link
Would require a fire station to have an alternative source of power, as defined, to ensure continued
operation for no fewer than 96 hours during any type of power outage. The bill would impose specific
compliance requirements based on whether a fire station uses a generator as its alternative source of
power, or batteries or a combination of batteries in tandem with a renewable electrical generation
April 11, 2023 Item #3 Page 19 of 47
facility. The bill would require a fire station to comply with its requirements by January 1, 2026. By
imposing new duties on local agencies, this bill would impose a state-mandated local program.
Status: 3/21/2023-Re-referred to Com. on E.M.
SB 571 (Allen) Development projects: emergency preparedness. (Amended: 3/21/2023) Link
Would require a proponent of a new development that would require the evacuation of 40 or more
vehicles at any given time that is located within a state responsibility area or local responsibility area
and within a high or very high fire hazard severity zone to include an evacuation plan with its application
submitted to the local government for the development. The bill would subject the evacuation plan to
the independent approval of the local government, as defined, the respective law enforcement and fire
agencies that have jurisdictional response authority over the relevant area, and the California Highway
Patrol if the proposed evacuation routing utilizes state or federal highways. The bill would require the
evacuation plan to consist of specified information, including a wildfire behavior study, a traffic
engineering study, and the best available routes for evacuation egress by populations within the
development when threatened by wildfire. By imposing new duties on local governments in reviewing
and approving developments in high and very high fire hazard severity zones, the bill would impose a
state-mandated local program.
Status: 3/21/2023-From committee with author's amendments. Read second time and amended. Re-
referred to Com. on GOV. & F.
Environment and Climate
AB 9 (Muratsuchil California Global Warming Solutions Act of 2006: emissions limit.
(Introduced: 12/5/2022) Link
The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the
state agency charged with monitoring and regulating sources of emissions of greenhouse gases. Under
the act, the state board is required to approve a statewide greenhouse gas emissions limit equivalent to
the statewide greenhouse gas emissions level in 1990 to be achieved by 2020 and to ensure that
statewide greenhouse gas emissions are reduced to at least 40% below the 1990 level by no later than
December 31, 2030. Under the act, a violation of a rule, regulation, order, emission limitation, emission
reduction measure, or other measure adopted by the state board under the act is a crime. This bill
instead would require the state board to ensure that statewide greenhouse gas emissions are reduced
to at least 55% below the 1990 level by no later than December 31, 2030 .
. Status: 1/26/2023-Referred to Com. on NAT. RES.
AB 30 (Ward) Atmospheric Rivers: Research, Mitigation, and Climate Forecasting Program.
(Introduced: 12/5/2022) Link
Current law establishes the Atmospheric Rivers: Research, Mitigation, and Climate Forecasting Program
in the Department of Water Resources. Current law requires the department, upon an appropriation for
purposes of the program, to research climate forecasting and the causes and impacts that climate
change has on atmospheric rivers, to operate reservoirs in a manner that improves flood protection, and
to reoperate flood control and water storage facilities to capture water generated by atmospheric rivers.
This bill would rename that program the Atmospheric Rivers Research and Forecast Improvement
April 11, 2023 Item #3 Page 20 of 47
Program: Enabling Climate Adaptation Through Forecast-Informed Reservoir Operations and Hazard
Resiliency {AR/FIRO) Program. The bill would require the department to research, develop, and
implement new observations, prediction models, novel forecasting methods, and tailored decision
support systems to improve predictions of atmospheric rivers and their impacts on water supply,
flooding, post-wildfire debris flows, and environmental conditions.
Status: 3/14/2023-Coauthors revised. From committee: Do pass and re-refer to Com. on APPR. {Ayes 15.
Noes 0.) (March 14). Re-referred to Com. on APPR.
AB 45 (Boerner Horvath) Coastal resources: coastal development permits: blue carbon demonstration
projects: new development: greenhouse gas emissions. (Amended: 3/15/2023) Link
The California Coastal Act of 1976, among other things, requires anyone wishing to perform or
undertake any development in the coastal zone, except as specified, in addition to obtaining any other
permit required by law from any local government or from any state, regional, or local agency, to obtain
a coastal development permit from the California Coastal Commission, as provided. This bill would
authorize the commission to authorize blue carbon demonstration projects, as defined, in order to
demonstrate and quantify the carbon sequestration potential of these projects to help inform the
state's natural and working lands and climate resilience strategies. The bill would, among other things,
authorize the commission to require an applicant with a project that impacts coastal wetland, subtidal,
intertidal, or marine habitats or ecosystems to build or contribute to a blue carbon demonstration
project.
Status: 3/22/2023-ln committee: Set, first hearing. Referred to APPR. suspense file.
AB 287 (Garcia) California Global Warming Solutions Act of 2006: Greenhouse Gas Reduction Fund:
competitive grant programs: funding objectives. (Introduced: 1/24/2023) Link
Current law requires the moneys from the Greenhouse Gas Reduction Fund to be used to facilitate the
achievement of reductions of greenhouse gas emissions consistent with the California Global Warming
Solutions Act of 2006 and, where applicable and to the extent feasible, to maximize economic,
environmental, and public health benefits to the state, among other goals. This bill, beginning July 1,
2025, would require state agencies administering competitive grant programs that allocate moneys
from the fund to give specified communities preferential points during grant application scoring for
programs intended to improve air quality, to provide for a specified application timeline, and to allow
applicants from the Counties of Imperial and San Diego to include daytime population numbers in grant
applications.
Status: 3/14/2023-From committee: Do pass and re-refer to Com. on APPR. {Ayes 9. Noes 1.) {March
13). Re-referred to Com. on APPR.
AB 344 (Wood) Electricity: load-serving entities: offshore wind facilities. (Introduced: 1/31/2023) Link
Would expressly authorize electrical corporations, electric service providers, and community choice
aggregators to jointly enter into agreements to procure electricity generated from offshore wind
facilities.
Status: 3/23/2023-From committee: Do pass and re-refer to Com. on APPR. with recommendatibn: To
Consent Calendar. {Ayes 14. Noes 0.) (March 22). Re-referred to Com. on APPR.
April 11, 2023 Item #3 Page 21 of 47
AB 411 (Bennett) California Recreational Trails and Greenways Act. (Amended: 3/16/2023) Link
Would require the Department of Parks and Recreation to establish the <;:alifornia Recreational Trails
and Greenways Program to, beginning in 2024, award competitive grants on a biennial basis for new,
expanded, or improved public access opportunities through nonmotorized recreational trail creation,
improvement, enhancement, and restoration projects. The bill would create the California Recreational
Trails and Greenways Fund in the State Treasury, and would require that specified moneys, including, to
the extent consistent with Proposition 68, unexpended Proposition 68 moneys that revert to the
administering agency for allocation, upon appropriation by the Legislature, be deposited into the fund
and, upon appropriation by the Legislature, be available for allocation by the department for purposes
of the program, as specified. In order to reduce the financial burdens associated with frontloaded cost
structures and match requirements, the bill would authorize the department to create a loan or grant
process for advanced payment and match assistance to reduce barriers to participation in the program.
Status: 3/29/2023-From committee chair, with author's amendments: Amend, and re-refer to Com. on
REV. & TAX. Read second time and amended.
Calendar: 4/18/2023 9 a.m. -State Capitol, Room 444 ASSEMBLY WATER, PARKS AND
WILDLIFE, BAUER-KAHAN, REBECCA, Chair,
AB 573 (Garcia) Organic waste: meeting recovered organic waste product procurement targets.
(Amended: 3/16/2023) Link
Current law requires, no later than January 1, 2018, the State Air Resources Board to approve and begin
implementing a comprehensive short-lived climate pollutant strategy to achieve a certain reduction in
statewide emissions of methane, including a goal of a 75% reduction in the level of the statewide
disposal of organic waste from the 2014 level by 2025. Current law requires the Department of
Resources Recycling and Recovery, in consultation with the state board, to adopt regulations to achieve
these organic waste reduction goals, that provide for, among other things, the calculation by the
department of recovered organic waste product procurement targets for each local jurisdiction, and
that may include penalties to be imposed by the department for noncompliance. This bill would require
the department's regulations to allow a local jurisdiction, until December 1, 2039, in procuring
recovered organic waste products to meet the target procurement requirements, to use California-
derived recovered organic waste that the local jurisdiction sends for processing at a facility or operation
outside of the state that meets certain conditions, as provided.
Status: 3/20/2023-Re-referred to Com. on NAT. RES.
Calendar: 4/10/2023 2:30 p.m. -State Capitol, Room 447 ASSEMBLY NATURAL RESOURCES, RIVAS, LUZ,
Chair,
AB 1554 (Patterson. Joe) California Environmental Quality Act: exemption: wildfire fuels reduction
projects. (Introduced: 2/17/2023) Link
This bill would expressly exempt from CEQA a project reduction of fuels in areas within moderate, high,
and very high fire hazard severity zones, as provided. Because a lead agency would be required to
determine whether a project qualifies for this exemption, the bill would impose a state-mandated local
program. This bill contains other related provisions and other existing laws.
April 11, 2023 Item #3 Page 22 of 47
Status: 3/9/2023-Referred to Com. on NAT. RES.
AB 1567 (Garcia) Safe Drinking Water, Wildfire Prevention, Drought Preparation, Flood Protection,
Extreme Heat Mitigation, and Workforce Development Bond Act of 2023. (Introduced: 2/17/2023)
Link
The California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of
2018, approved by the voters as Proposition 68 at the June 5, 2018, statewide primary election,
authorizes the issuance of bonds in the amount of $4,100,000,000 pursuant to the State General
Obligation Bond Law to finance a drought, water, parks, climate, coastal protection, and outdoor access
for all program. Article XVI of the California Constitution requires measures authorizing general
obligation bonds to specify the single object or work to be funded by the bonds and further requires a
bond act to be approved by a 2/3 vote of each house of the Legislature and a majority of the voters.This
bill would enact the Safe Drinking Water, Wildfire Prevention, Drought Preparation, Flood Protection,
Extreme Heat Mitigation, and Workforce Development Bond Act of 2023, which, if approved by the
voters, would authorize the issuance of bonds in the amount of $15,105,000,000 pursuant to the State
General Obligation Bond law to finance projects for safe drinking water, wildfire prevention, drought
preparation, flood protection, extreme heat mitigation, and workforce development programs. This bill
contains other related provisions.
Status: 3/9/2023-Referred to Corns. on W., P., & W. and NAT. RES.
Calendar: 4/18/2023 9 a.m. -State Capitol, Room 444 ASSEMBLY WATER, PARKS AND
WILDLIFE, BAUER-KAHAN, REBECCA, Chair,
SB 12 (Stern) California Global Warming Solutions Act of 2006: emissions limit.
(Introduced: 12/5/2022) Link
Under the California Global Warming Solutions Act of 2006, the State Air Resources Board is required to
approve a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas
emissions level in 1990 to be achieved by 2020 and to ensure that statewide greenhouse gas emissions
are reduced to at least 40% below the 1990 level by no later than December 31, 2030. Under the act, a
violation of a rule, regulation, order, emission limitation, emission reduction measure, or other measure
adopted by the state board under the act is a crime. This bill instead would require the state board to
ensure that statewide greenhouse gas emissions are reduced to at least 55% below the 1990 level by no
later than December 31, 2030.
Status: 3/30/2023-April 10 set for first hearing canceled at the request of author.
SB 272 (laird) Sea level rise: planning and adaptation. (Introduced: 1/31/2023) Link
Would require a local government, as defined, lying, in whole or in part, within the coastal zone, as
defined, or within the jurisdiction of the San Francisco Bay Conservation and Development Commission,
as defined, to implement sea level rise planning and adaptation through either submitting, and receiving
approval for, a local coastal program, as defined, to the California Coastal Commission or submitting,
and receiving approval for, a subregional San Francisco Bay shoreline resiliency plan to the San Francisco
Bay Conservation and Development Commission, as applicable, on or before January 1, 2034. By
imposing additional requirements on local governments, the bill would impose a state-mandated local
April 11, 2023 Item #3 Page 23 of 47
ADVOCACY FOR THE PUBLIC GOOD.
program. The bill would require local governments that receive approval for sea level rise planning and
adaptation on or before January 1, 2029, to be prioritized for sea level rise funding, upon appropriation
by the Legislature, for the implementation of projects in the local government's approved sea level rise
adaptation plan. The bill would require, on or before December 31, 2024, the California Coastal
Commission and the San Francisco Bay Conservation and Development Commission, in close
coordination with the Ocean Protection Council and the California Sea Level Rise State and Regional
Support Collaborative, to establish guidelines for the preparation of that planning and adaptation. The
bill would make the operation of its provisions contingent upon an appropriation for its purposes by the
Legislature in the annual Budget Act or another statute.
Status: 3/28/2023-From committee: Do pass and re-refer to Com. on GOV. & F. (Ayes 9. Noes 0.) (March
28). Re-referred to Com. on GOV. & F.
SB 303 (Allen) Solid waste: Plastic Pollution Prevention and Packaging Producer Responsibility Act.
(Amended: 3/22/2023) Link
Current law establishes the Plastic Pollution Prevention and Packaging Producer Responsibility Act,
which covers certain single-use packaging and plastic single-use food serviceware, as provided. As part
of its comprehensive statutory scheme, existing law requires producers, as defined, of these covered
materials to source reduce plastic covered material, to ensure that all covered material offered for sale,
distributed, or imported in or into the state on or after January 1, 2032, is recyclable or compostable,
and to ensure that plastic covered material offered for sale, distributed, or imported in or into the state
achieves specified recycling rates, as provided. The act requires the Department of Resources Recycling
and Recovery to establish a producer responsibility advisory board for specified purposes. The act
authorizes an affected entity that asserts that specific actions taken to meet the requirements of the act
are disrupting or otherwise adversely affecting the sustained operation or commercial viability of solid
waste collection programs, solid waste recycling facilities, or composting facilities providing services in
accordance with local solid waste handling requirements, to bring the concern and evidence supporting
that assertion to the advisory board for discussion and to ask the advisory board to conduct a
preliminary evaluation of the information. If the evaluation demonstrates that specific actions are
disrupting or otherwise adversely affecting existing operations, the act requires the advisory board to
submit the concern to the department for further analysis. The act requires the department to analyze
the information provided by the advisory board and authorizes the department to offer a
recommendation for resolution. This bill would instead authorize an affected entity that asserts that
specific actions taken by the PRO, a producer, or an entity under contract with the PRO are not
consistent with specified prohibitions and requirements of the act and are disrupting or otherwise
adversely affecting the sustained operation or commercial viability of solid waste collection programs,
solid waste recycling facilities, or composting facilities providing services in accordance with local solid
waste handling requirements to bring that concern and supporting evidence to the advisory board.
Status: 3/29/2023-Re-referred to Corns. on E.Q. and JUD.
SB 360 (Blakespear) California Coastal Commission: member voting. (Introduced: 2/8/2023) Link
The California Coastal Act of 1976 establishes the California Coastal Commission and prescribes the
membership and duties of the commission. The act provides that its provisions do not preclude or
prevent any member or employee of the commission who is also an employee of another public agency,
April 11, 2023 Item #3 Page 24 of 47
a county supervisor or city councilperson, or a member of specified associations or organizations, and
who has in that designated capacity voted or acted upon a particular matter, from voting or otherwise
acting upon that matter as a member or employee of the commission. This bill would apply the latter
provision to members of a joint powers authority and members of the local agency formation
commission.
Status: 3/29/2023-Set for hearing April 11.
Calendar: 4/11/2023 9 a.m. -10210 Street, Room 2100 SENATE NATURAL RESOURCES AND
WATER, MIN, DAVE, Chair,
SB 511 (Blakespear) Greenhouse gas emissions inventories. {Introduced: 2/14/2023) Link
The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the
state agency responsible for monitoring and regulating sources emitting greenhouse gases. This bill
would require the state board, before January 1, 2028, to develop and publish, on its internet website, a
report on greenhouse gas emission inventories for the calendar year 2025 for each city, county, city and
county, and special district, as provided. The bill would require the state board, consistent with the
preparation of the updates to the scoping plan and before January 1, 2033, and every 5 years thereafter,
to update the inventories for the subsequent calendar years, as specified. The bill would authorize the
state board to solicit bids and enter into contracts for the development of the inventories. The bill would
require the state board, before January 1, 2026, to establish a local government advisory committee to
inform its development of the greenhouse gas emission inventories. The bill would allocate, upon
appropriation by the Legislature, $2,500,000 in the 2024-25 fiscal year for above-described purposes.
Status: 3/20/2023-March 29 hearing postponed by committee.
SB 638 (Eggman) Climate Resiliency and Flood Protection Bond Act of 2024. (Amended: 3/20/2023)
Link
Would enact the Climate Resiliency and Flood Protection Bond Act of 2024 which, if approved by the
voters, would authorize the issuance of bonds in the amount of $6,000,000,000 pursuant to the State
General Obligation Bond Law, for flood protection and climate resiliency projects.
Status: 3/28/2023-From committee: Do pass and re-refer to Com. on GOV. & F. (Ayes 9. Noes 0.) (March
28). Re-referred to Com. on GOV. & F.
SB 867 (Allen) Drought and Water Resilience. Wildfire and Forest Resilience. Coastal Resilience,
Extreme Heat Mitigation. Biodiversity and Nature-Based Climate Solutions. Climate Smart Agriculture.
and Park Creation and Outdoor Access Bond Act of 2023. {Introduced: 2/17/2023) Link
Would enact the Drought and Water Resilience, Wildfire and Forest Resilience, Coastal Resilience,
Extreme Heat Mitigation, Biodiversity and Nature-Based Climate Solutions, Climate Smart Agriculture,
and Park Creation and Outdoor Access Bond Act of 2023, which, if approved by the voters, would
authorize the issuance of-bonds in an unspecified amount pursuant to the State General Obligation
Bond Law to finance projects for drought and water resilience, wildfire and forest resilience, coastal
resilience, extreme heat mitigation, biodiversity and nature-based climate solutions, climate smart
agriculture, and park creation and outdoor access programs.
April 11, 2023 Item #3 Page 25 of 47
Status: 3/28/2023-From committee: Do pass and re-refer to Com. on GOV. & F. (Ayes 8. Noes 0.) (March
28). Re-referred to Com. on GOV. & F.
Governmental Operations
AB 504 (Reyes) State and local public employees: labor relations: disputes. (Amended: 3/30/2023)
Link
The Meyers-Milias-Brown Act and the Ralph C. Dills Act regulate the labor relations of employees and
employers of local public agencies and the state, respectively. The acts grant specified employees,
including, among others, certain employees of fire departments, of local public agencies and the state
the right to form, join, and participate in the activities of employee organizations of their choosing and
require public agency employers, among other things, to meet and confer with representatives of
recognized employee organizations and exclusive representatives on terms and conditions of
employment. The acts grant the Public Employment Relations Board the power to hear specified
disputes in relation to these provisions and to make determinations regarding them. With regard to
certain employees of fire departments, current law provides that those persons do not have the right to
strike or recognize a picket line of a labor organization while in the course of the performance of their
official duties. This bill would provide that it is not unlawful or a cause for discipline or other adverse
action against a state or local public employee for that employee to refuse to enter property that is the
site of a primary labor dispute, perform work for an employer involved in a primary labor dispute, or go
through or work behind a primary picket line. The bill would prohibit an employer from directing an
employee to take those actions.
Status: 4/3/2023-Re-referred to Com. on P.E. & R.
Calendar: 4/12/2023 9 a.m. -State Capitol, Room 444 ASSEMBLY PUBLIC EMPLOYMENT AND
RETIREMENT, MCKINNOR, TINA, Chair,
AB 1297 (Quirk-Silva) Public restrooms. (Introduced: 2/16/2023) Link
Would require each local government, as defined, to complete an inventory of public restrooms owned
and maintained by the local government, either directly or by contract, that are available to the general
population in its jurisdiction by July 1, 2024. The bill would require local governments to report their
findings to the State Department of Public Health, which would be required to compile the information
and to make the inventory available in a searchable database on its internet website by March 1, 2025,
as specified. The bill would require the database to be updated quarterly. The bill would require the
department to conduct educational outreach to the general public and homelessness service providers
that the database is available on its internet website.
Status: 3/29/2023-From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (March
29). Re-referred to Com. on APPR.
AB 1484 (Zbur) Temporary public employees. (Amended: 3/28/2023) Link
The Meyers-Milias-Brown Act (act) authorizes local public employees, as defined, to form, join, and
participate in the activities of employee organizations of their own choosing for the purpose of
representation on matters of labor relations. Current law generally requires that the scope of
representation under the act include all matters relating to employment conditions and employer-
April 11, 2023 Item #3 Page 26 of 47
employee relations, while excepting the consideration of the merits, necessity, or organization of any
service or activity provided by law or executive order. Current law states that the Legislature finds and
declares that the duties and responsibilities of local agency employer representatives under the act are
substantially similar to the duties and responsibilities required under existing collective bargaining
enforcement procedures and therefore the costs incurred by the local agency employer representatives
in performing those duties and responsibilities under that act are not reimbursable as state-mandated
costs. This bill would impose specified requirements with respect to the temporary employees, as
defined, of a public employer who have been hired to perform the same or similar type of work that is
performed by permanent employees represented by a recognized employee organization. In this regard
the bill would require those temporary employees to be automatically included in the same bargaining
unit as the permanent employees, as specified, upon the request of the recognized employee
organization.
Status: 3/29/2023-Re-referred to Com. on P.E. & R.
Calendar: 4/12/2023 9 a.m. -State Capitol, Room 444 ASSEMBLY PUBLIC EMPLOYMENT AND
RETIREMENT, MCKINNOR, TINA, Chair,
AB 1637 (Irwin) Local government: internet websites and email addresses. (Amended: 3/16/2023) Link
The California Public Records Act requires a local agency to make public records available for inspection
and allows a local agency to comply by posting the record on its internet website and directing a
member of the public to the internet website, as specified. This bill, no later than January 1, 2025, would
require a local agency, as defined, that maintains an internet website for use by the public to ensure
that the internet website utilizes a ".gov" top-level domain or a ".ca.gov" second-level domain, and
would require a local agency that maintains an internet website that is noncompliant with that
requirement to redirect that internet website to a domain name that does utilize a ".gov" or ".ca.gov"
domain. This bill, no later than January 1, 2025, would also require a local agency that maintains public
email addresses to ensure that each email address provided to its employees utilizes a ".gov" domain
name or a ".ca.gov" domain name. By adding to the duties of local officials, the bill would impose a
state-mandated local program.
Status: 3/20/2023-Re-referred to Com. on L. GOV.
Calendar: 4/19/2023 1:30 p.m. -State Capitol, Room 447 ASSEMBLY LOCAL GOVERNMENT, AGUIAR-
CURRY, CECILIA, Chair,
SB 252 (Gonzalez) Public retirement systems: fossil fuels: divestment. (Introduced: 1/30/2023) Link
Current law prohibits the boards of the Public Employees' Retirement System and the State Teachers'
Retirement System from making new investments or renewing existing investments of public employee
retirement funds in a thermal coal company, as defined. Current law requires the boards to liquidate
investments in thermal coal companies on or before July 1, 2017, and requires the boards, in making a
determination to liquidate investments, to constructively engage with thermal coal companies to
establish whether the companies are transitioning their business models to adapt to clean energy
generation. Current law provides that it does not require a board to take any action unless the board
determines in good faith that the action is consistent with the board's fiduciary responsibilities
established in the California Constitution. This bill would prohibit the boards of the Public Employees'
April 11, 2023 Item #3 Page 27 of 47
Retirement System and the State Teachers' Retirement System from making new investments or
renewing existing investments of public employee retirement funds in a fossil fuel company, as defined.
The bill would require the boards to liquidate investments in a fossil fuel company on or before July 1,
2030. The bill would temporarily suspend the above-described liquidation provision upon a good faith
determination by the board that certain conditions materially impact normal market mechanisms for
pricing assets, as specified, and would make this suspension provision inoperative on January 1, 2035.
Status: 3/21/2023-Set for hearing April 12.
Calendar: 4/12/2023 9:30 a.m. -10210 Street, Room 2200 SENATE LABOR, PUBLIC EMPLOYMENT AND
RETIREMENT, CORTESE, DAVE, Chair,
SB 428 (Blakespear) Temporary restraining orders and protective orders: employee harassment.
(Amended: 3/20/2023) Link
Would additionally authorize any employer whose employee has suffered harassment, as defined, to
seek a temporary restraining order and an injunction on behalf of the employee and other employees.
The bill would expressly prohibit a court from issuing such an order to the extent that the order would
prohibit speech or activities protected by the federal National Labor Relations Act or specified provisions
of law governing the communications of exclusive representatives of public employees.
Status: 3/28/2023-VOTE: Do pass as amended, but first amend, and re-refer to the Committee on
[Appropriations] with the recommendation: To Consent Calendar (PASS)
Client Position: Sponsor
Notes: 3/10/23: Amy submitted letter to portal. 3/10/23: EN emailed delegation.
SB 660 (Alvarado-Gil) Public employees' retirement systems: California Public Retirement System
Agency Cost and Liability Panel. (Amended: 3/21/2023) Link
Would establish the California Public Retirement System Agency Cost and Liability Panel, located in the
Controller's office, with members as defined. The bill would assign responsibilities to the panel related
to retirement benefit costs, including determining how costs and unfunded liability are apportioned to a
public agency when a member changes employers within the same public retirement system or when a
member concurrently retires with 2 or more retirement systems that have entered into reciprocity
agreements. The bill would require the panel to meet no later than March 31, 2024, and quarterly
beginning on April 1, 2024, and to submit a report to the Legislature, no later than December 31, 2024,
providing information regarding the financial impact a public agency assumes when an employee
transfers to another public agency within the same retirement system or when an employee transfers to
a public agency in a reciprocal retirement system and concurrently retires under 2 or more systems.
Status: 3/29/2023-Re-referred to Com. on L., P.E. & R.
SB 683 (Glazer) Hotels and short-term rentals: advertised rates: mandatory fees.
(Amended: 3/30/2023) Link
Would require a person that advertises a hotel room rate or short-term rental rate before the public in
this state, or from this state before the public in any state, to include in the advertised hotel room rate
or short-term rental rate all mandatory fees, as defined, that will be charged in order for the consumer
April 11, 2023 Item #3 Page 28 of 47
to stay in the hotel room or short-term rental. The bill would require a hotel or a short-term rental to
clearly and conspicuously disclose on its internet website a list of all mandatory fees and credit card
surcharges imposed on consumers. The bill would authorize certain public attorneys, including the
Attorney General, to bring an enforcement action and would require a court to impose a civil penalty of
not more than $10,000 for each violation after co nsideration of specified factors. The bill would also
provide that a violation of its provisions constitutes a false or misleading statement under the FAL. By
expanding the scope of a crime, the bill would impose a state-mandated local program.
Status: 3/30/2023-From committee with author's amendments. Read second time and amended. Re-
referred to Com. on JUD.
Calendar: 4/11/2023 1:30 p.m. -10210 Street, Room 2100 SENATE JUDICIARY, UM BERG, THOMAS,
Chair,
Health and Human Services
SB 43 (Eggman) Behavioral health. (Amended: 3/30/2023) Link
Current law, the Lanterman-Petris-Short Act, provides for the involuntary commitment and treatment of
a person who is a danger to themselves or others or who is gravely disabled. Current law, for purposes
of involuntary commitment, defines "gravely disabled" as either a condition in which a person, as a
result of a mental health disorder, is unable to provide for their basic personal needs for food, clothing,
or shelter or has been found mentally incompetent, as specified.This bill expands the definition of
"gravely disabled" to also include a condition that will resu lt in substantial risk of serious harm to the
physical or mental health of a person due to a mental health disorder or a substance use disorder or
both. The bill defines "serious harm" for purposes of these provisions to mean significant deterioration,
debilitation, or illness due to a person's failure to meet certain conditions, including, among other
things, attend to needed personal or medical care and attend to self-protection or personal safety. The
bill specifies circumstances under which substantial risk of serious harm may be evidenced, as specified.
The bill would make conforming changes. To the extent that this change increases the level of service
required of county mental health departments; the bill would impose a state-mandated local program.
Thi~ bill contains other related provisions and other existing laws.
Status: 3/30/2023-Read second time and amended. Re-referred to Com. on JUD.
Client Position: Support
Notes: 3/14/23 SG: Subcommittee approved support position 3/29/23 SG: Testified in support in Senate
Health Committee
SB 363 (Eggman) Facilities for inpatient and residential mental health and substance use disorder:
database. (Introduced: 2/8/2023) Link
Would require, by January 1, 2025, the State Department of Health Care Services, in consultation with
the State Department of Public Health and the State Department of Social Services, and by conferring
with specified stakeholders, to develop a real-time, internet-based database to collect, aggregate, and
display information about beds in specified types of facilities, such as chemical dependency recovery
hospitals, acute psychiatric hospitals, and mental health rehabilitation centers, among others, to identify
the availability of inpatient and residential mental health or substance use disorder treatment. The bill
April 11, 2023 Item #3 Page 29 of 47
would require the database to include a minimum of specific information, including the contact
information for a facility's designated employee, the types of diagnoses or treatments for which the bed
is appropriate, and the target populations served at the facility, and have the ca pacity to, among other
things, enable searches to identify beds that are appropriate for individuals in need of inpatient or
residential mental health or substance use disorder treatment.
Status: 3/28/2023-Set for hearing April 11.
Client Position: Support
Calendar: 4/11/2023 1:30 p.m. -1021 0 Street, Room 2100 SENATE JUDICIARY, UM BERG, THOMAS,
Chair,
Notes: 3/14/23 SG: Subcommittee approved support position 3/22/23 SG: Testified in support in Senate
Health Committee
Homelessness
AB 86 (Jones-Sawyer) Homelessness: Statewide Homelessness Coordinator. (Amended: 3/23/2023)
Link
Would require the Governor to appoint a Statewide Homelessness Coordinator, within the Governor's
Office, to serve as the lead person for ending homelessness in California. The bill would require the
coordinator to identify a local leader in each relevant city, county, city and county, or other jurisdiction
to serve as a liaison between the coordinator and that jurisdiction, oversee homelessness programs,
services, data, and policies between federal, state, and local agencies, coordinate the timing of release
of funds and applications for funding for housing and housing-based services impacting Ca lifornians
experiencing homelessness, and, in collaboration with local leaders, provide annual recommendations
to the Legislature and the Governor, as specified. The bill would authorize the coordinator to adjust local
goals to the extent allowed by state and local law.
Status: 3/27 /2023-Re-referred to Com. on H. & C.D.
AB 1285 (Wicks) Encampment Resolution Funding program: individuals experiencing homelessness:
state-funded permanent housing. (Amended: 3/16/2023) Link
Current law establishes the Encampment Resolution Funding program, administered by the Ca lifornia
lnteragency Council on Homelessness, to increase collaboration between the council, local jurisdictions,
and continuums of care for specified purposes. Current law requires the council to award moneys
pursuant to the program as competitive grants, as specified, to be used to su pport encampment
resolution and rehousing efforts for local jurisdictions. Current law requires the council to prioritize
funding applicants that demonstrate a commitment to cross-systems collaboration and innovative
efforts to resolve encampment issues or have SO or more individuals living in the encampment. This bill
would require that an individual supported by the program receive priority for state-funded permanent
housing for persons experiencing homelessness, if specified conditions are met.
Status: 3/20/2023-Re-referred to Com. on H. & C.D.
April 11, 2023 Item #3 Page 30 of 47
SB 7 (Blakespear) Regional housing needs allocation: homelessness. (Amended: 2/13/2023) Link
Existing law establishes various programs to address homelessness, including requiring the Governor to
create an lnteragency Council on Homelessness and establishing the Homeless Housing, Assistance, and
Prevention program for the purpose of providing jurisdictions, as defined, with one-time grant funds to
support regional coordination and expand or develop local capacity to address their immediate
homelessness challenges, as specified. This bill, for regional housing need assessments on or after
January 1, 2024, would require "homeless" to be included as an income category for purposes of the
regional housing needs allocation plan. By requiring each council of governments to revise the income
categories used in regional housing needs allocations, the bill would impose a state-mandated local
program. 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 a specified
reason. This bill contains other existing laws.
Status: 2/22/2023-Re-referred to Com. on HOUSING.
SB 31 (Jones) Encampments: sensitive areas: penalties. (Amended: 3/22/2023) Link
Would prohibit a person from sitting, lying, sleeping, or storing, using, maintaining, or placing personal
property upon any street, sidewalk, or other public right-of-way within 1000 feet of a sensitive area, as
defined. The bill wou.ld specify that a violation of this prohibition is a public nuisance that can be abated
and prevented, as provided. The bill would also provide that a violation of the prohibition may be
charged as a misdemeanor or an infraction, at the discretion of the prosecutor. The bill would prohibit a
person from being found in violation of the bill's provisions unless provided notice, at least 72 hours
before commencement of any enforcement action, as provided. By imposing criminal penalties for a
violation of these provisions, this bill would impose a state-mandated local program.
Status: 3/28/2023-VOTE: [First) hearing set for [03-29-2023]: Failed passage in Committee.
Reconsideration granted (PASS)
Housing and Land Use
AB 68 (Ward) Land use: streamlined housing approvals: density, subdivision, and utility approvals.
(Amended: 3/16/2023) Link
Would require a local government to approve a proposed housing development pursuant to a
streamlined, ministerial approval process if the development meets certain objective planning
standards, including, but not limited to, a requirement that the proposed parcel for the development be
a climate-smart parcel, as described, or be included in the applicable region's sustainable communities
strategy as a priority development area. The bill would set forth procedures for approving these
developments and would set forth various limitations for these developments. The bill would authorize
the Department of Housing and Community Development to review, adopt, amend, and repeal
guidelines, rules, and regulations to implement uniform standards or criteria that supplement or clarify
the terms, references, or standards set forth by this process.
Status: 3/20/2023-Re-referred to Com. on H. & C.D.
April 11, 2023 Item #3 Page 31 of 47
AB 434 (Grayson) Housing element: notice of violation. (Amended: 3/16/2023) Link
The Planning and Zoning Law, except as provided, requires that a public hearing be held on an
application for a variance from the requirements of a zoning ordinance, an application for a conditional
use permit or equivalent development permit, a proposed revocation or modification of a variance or
use permit or equivalent development permit, or an appeal from the action taken on any of those
applications. That law, for housing development projects that submit a preliminary application prior to
January 1, 2030, prohibits a city or county from conducting more than 5 hearings, as defined, held
pursuant to these provisions, or any other law, ordinance, or regulation requiring a public hearing, if the
proposed housing development project complies with the applicable, objective general plan and zoning
standards in effect at the time an application is deemed complete, as defined. The Planning and Zoning
Law also requires a local agency, pursuant to either local ordinance or statute, to provide for ministerial
approval of applications for accessory dwelling units or junior accessory dwelling units in areas zoned for
residential use, as specified. That law prohibits a local agency from denying a permit for an unpermitted
accessory dwelling unit constructed prior to January 1, 2018, except as provided. This bill would
additionally authorize the department to notify a city, county, city and county, or the Attorney General
when the planning agency of a city, county, or city and county fails to comply with the above-described
provisions relating to hearings for specified variances, ministerial approval of applications for accessory
dwelling units or junior accessory dwelling units, permitting for unpermitted accessory dwelling units
constructed prior to January 1, 2018, sale or conveyance of accessory dwelling units, ministerial
approval of proposed housing developments, ministerial approval of parcel maps for urban lot splits, or
housing development projects being deemed an allowable use of parcels within a zone where office,
retail, or parking are a principally permitted use, as provided.
Status: 3/29/2023-From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 6. Noes 0.) (March
29). Re-referred to Com. on L. GOV.
Calendar: 4/19/2023 1:30 p.m. -State Capitol, Room 447 ASSEMBLY LOCAL GOVERNMENT, AGUIAR-
CURRY, CECI LIA, Chair,
AB 510 (Jackson) Local land trusts. (Introduced: 2/7/2023) Link
The Planning and Zoning Law requires a city or county to adopt a general plan for land use development
within its boundaries that includes, among other things, a housing element. Current law ~equires that
the housing element include an inventory of land suitable and available for residential development. If
the inventory of sites does not identify adequate sites to accommodate the need for groups of all
household income levels, as provided, existing law requires that the local government rezone sites
within specified time periods. Current law prescribes requirements for the disposal of surplus land, as
defined, by a local agency. Current law requires land to be declared surplus land or exempt surplus land,
as supported by written findings, before a local age ncy takes any action to dispose of it consistent with
the agency's policies or procedures. This bill would require each city and county to establish a local land
trust, as defined, for the purposes of holding and developing rea l property within the jurisdiction. The
bill would require the local land trust to be governed by the city council or board of supervisors of the
local government.
Status: 2/8/2023-From printer. May be heard in committee March 10.
April 11, 2023 Item #3 Page 32 of 47
AB 894 (Friedman) Parking requirements: shared parking. (Introduced: 2/14/2023) Link
The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term
general plan for its physical development, and the development of certain lands outside its boundaries,
that includes, among other mandatory elements, a housing element. Current law also authorizes the
legislative body of a city or a county to adopt ordinances establishing requirements for parking. This bill
would require a public agency, as defined, to allow existing land uses with underutilized parking, as
defined, to share the underutilized parking with the public, a private entity, a public agency, or other
users. The bill would require a public agency to allow shared parking to be counted toward meeting
automobile parking requirements for a new or existing development or use, including underutilized
parking spaces, when the parking spaces meet specified conditions regarding the distance of the spaces
from the applicable site. The bill would require a public agency to accept a parking analysis using peer-
reviewed methodologies developed by a professional planning association, as specified, when
determining the number of shared parking spaces that can be reasonably shared between different
uses.
Status: 3/21/2023-ln committee: Hearing postponed by committee.
AB 976 (Ting) Accessory dwelling units: owner-occupancy requirements. (Introduced: 2/14/2023) Link
The Planning and Zoning Law, among other things, provides for the creation of accessory dwelling units
by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in
accordance with specified standards and conditions. Current law requires a local ordinance to require an
accessory dwelling unit to be either attached to, or located within, the proposed or existing primary
dwelling, as specified, or detached from the proposed or existing primary dwelling and located on the
same lot as the proposed or existing primary dwelling.This bill would instead prohibit a local agency
from imposing an owner-occupancy requirement on any accessory dwelling unit.
Status: 3/29/2023-From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 7. Noes 0.) (March
29). Re-referred to Com. on L. GOV.
Calendar: 4/19/2023 1:30 p.m. -State Capitol, Room 447 ASSEMBLY LOCAL GOVERNMENT, AGUIAR-
CURRY, CECILIA, Chair,
AB 983 (Cervantes) Surplus land. (Amended: 3/16/2023) Link
Current law establishes procedures for the disposal of surplus land, including requiring certain
information to be provided to the Department of Housing and Community Development. These
procedures do not apply to the disposal of exempt surplus land. Current law describes various
categories of "exempt surplus land," including surplus land that is less than 5,000 square feet in area,
less than the minimum legal residential building lot size for the jurisdiction in which the parcel is located,
or 5,000 square feet in area, whichever is less, or has no record access and is less than 10,000 square
feet in area; and is not contiguous to land owned by a state or local agency that is used for open-space
or low-and moderate-income housing purposes. In this regard, if this category of surplus land is not sold
to an owner of contiguous land, it is not considered exempt surplus land and is subject to the surplus
land procedures. This bill would expand the above category of "exempt surplus land" to include land
that is designated in an adopted downtown revitalization plan not to exceed 1.1 square miles and
includes residential, commercial, office, civic and hospitality uses.
April 11, 2023 Item #3 Page 33 of 47
Status: 3/20/2023-Re-referred to Com. on L. GOV.
AB 1218 (Lowenthal) Development projects: demolition of residential dwelling units.
(Amended: 3/9/2023) Link
The Housing Crisis Act of 2019, among other things, prohibits an affected city or an affected county, as
defined, from approving a housing development project that will require the demolition of one or more
residential dwelling units, unless the project creates at least as many residential dwelling units as will be
demolished. The act also prohibits an affected city or affected county from approving any housing
development project that will require the demolition of occupied or vacant protected units, unless
specified conditions are met. In this regard, the act requires a project that will require the demolition of
occupied or vacant protected units to, among other things, (1) replace all existing or demolished
protected units, (2) include a minimum amount of residential units, (3) allow existing occupants to
occupy their units until 6 months before the start of construction activities, and (4) provide relocation
benefits to the existing occupants of any protected units that are lower income households. This bill
would expand the demolition of residential dwelling units prohibitions to prohibit an affected city or
affected county from approving any development project that will require the demolition of occupied or
vacant protected units, or that is located on a site where protected units were demolished in the
previous 5 years, unless the conditions described above are met.
Status: 3/13/2023-Re-referred to Com. on H. & C.D.
Calendar: 4/12/2023 9:30 a.m. -State Capitol, Room 126 ASSEMBLY HOUSING AND COMMUNITY
DEVELOPMENT, WICKS, BUFFY, Chair,
AB 1287 (Alvarez) Density Bonus Law: additional density bonus and incentives or concessions:
California Coastal Act of 1976. (Amended: 3/21/2023) Link
Would require a city, county, or city and county to grant an additional density bonus, ca lculated as
specified, when an applicant proposes to construct a housing development that conforms to specified
requirements and provides 24% of the base density units to lower income house holds, conforms to
specified requirements and provides 15% of the base density units to very low income households, or
conforms to specified requirements and provides 44% of the total units to moderate-income units. The
bill would require a city, county, or city and county to grant additional incentives or concessions for a
project that meets any of those categories and also includes certain percentages of units for persons
and families of moderate income. By imposing additional duties on local officials in administering the
Density Bonus Law, this bill would create a state-mandat ed loca l program.
Status: 3/22/2023-Re-referred to Com. on H. & C.D.
Calendar: 4/12/2023 9:30 a.m. -State Capitol, Room 126 ASSEMBLY HOUSING AND COMMUNITY
DEVELOPMENT, WICKS, BUFFY, Chair,
AB 1490 (Lee) Affordable housing development projects: adaptive reuse. (Introduced: 2/17/2023) Link
Current law requires the Department of Housing and Community Development to give priority with
respect to funding under the Multifamily Housing Program to projects that prioritize adaptive reuse in
existing developed areas served with public infrastructure, as specified. This bill would define adaptive
reuse as the retrofitting and repurposing of an existing building to create new residential units. The bill
April 11, 2023 Item #3 Page 34 of 47
would require a local government to provide an affordable housing project that is an adaptive reuse
project and that guarantees that 100% of the units be made ava ilable for lower income households, 50%
of which shall be made available to extremely low income households or very low income households,
specified benefits and exemptions by local government agencies, including, among other things,
approval of all entitlements and permits applicable to the project in 30 days or less, exemption from any
minimum floor area ratio, and waiver of local building and permit fees, as specified.
Status: 3/9/2023-Referred to Corns. on H. & C.D. and L. GOV.
Calendar: 4/12/2023 9:30 a.m. -State Capitol, Room 126 ASSEMBLY HOUSING AND COMM UNITY
DEVELOPMENT, WICKS, BUFFY, Chair,
AB 1505 (Rodriguez) Seismic retrofitting: soft story multifamily housing. (Introduced: 2/17/2023) Link
Current law establishes the Seismic Retrofitting Program for Soft Story Multifamily Housing for the
purposes of providing financial assistance to owners of soft story multifamily housing for seismic
retrofitting to protect individuals living in multifamily housing that have been determined to be at risk of
co llapse in earthquakes, as specified. Current law also establishes the Seismic Retrofitting Program for
Soft Story Multifamily Housing Fund, and its subsidiary account, the Seismic Retrofitting Account, within
the State Treasury. Current law provides that the Legislature will appropriate $250,000,000 from the
General Fund in the 2023-24 Budget Act to the Seismic Retrofitting Program for Soft Story Multifamily
Housing Fund for the purposes of carrying out the program. Current law requires the California
Residential Mitigation Program to develop and administer the program, as specified. Current law makes
these provisions inoperative on July 1, 2042, and repeals them as of January 1, 2043. This bill would,
instead, appropriate $250,000,000 from the General Fund to the CRMP for the purpose of implementing
the Seismic Retrofitting Program for Soft Story Multifamily Housing.
Status: 3/16/2023-Referred to Com. on E.M.
AB 1630 (Garcia) Planning and zoning: housing development approvals: student housing projects.
(Amended: 3/21/2023) Link
Would enact The Student Housing Crisis Act of 2023. The bill would require a city, county, or city and
county to classify student and faculty and staff housing as a permitted use on all real property within
1,000 feet of a university campus, as defined, for zoning purposes. The bill would require a proposed
student or faculty and staff housing project, as defined, to be considered ministerially, without
discretionary review or a hearing, if specified requirements are met, including that a minimum of 20% of
the units in the project be rented by students or faculty and staff of the university. The bill would
prohibit a local agency from imposing or enforcing on a student or faculty and staff housing project
subject to ministerial consideration certain restrictions, including a minimum automobile parking
requirement. The bill would require student or faculty and staff housing to have certain recorded deed
restrictions, except as provided, that ensure for at least 55 years that, among other things, at least 20%
of the units are affordable to lower income households, as defined, except as provided. In connection
w ith an application submitted pursuant to these provisions, the bill would require a city, county, or city
and county to take specified actions, including, upon the request of the applicant, provide a list of
permits and fees that are required by the city, county, or city and county. By im posing new duties on
local jurisdictions, this bill would impose a state-mandated local program.
April 11, 2023 Item #3 Page 35 of 47
Status: 3/22/2023-Re-referred to Com. on H. & C.D.
AB 1657 (Wicks) The Affordable Housing Bond Act of 2024. (Introduced: 2/17/2023) Link
Under existing law, there are programs providing assistance for, among other things, emergency
housing, multifamily housing, farmworker housing, home ownership for very low and low-income
households, and down payment assistance for first-time home buyers. Existing law also authorizes the
issuance of bonds in specified amounts pursuant to the State General Obligation Bond Law and requires
that proceeds from the sale of these bonds be used to finance various existing housing programs, capital
outlay related to infill development, brownfield cleanup that promotes infill development, and housing-
related parks. This bill would enact the Affordable Housing Bond Act of 2024, which, if adopted, would
authorize the issuance of bonds in the amount of$ __ pursuant to the State General Obligation Bond
Law. Proceeds from the sale of these bonds would be used to finance programs to fund affordable
rental housing and homeownership programs, as provided. This bill contains other related provisions.
Status: 3/9/2023-Referred to Com. on H. & C.D.
SB 294 (Wiener) Housing development projects: floor area ratios. (Introduced: 2/2/2023) Link
The Planning and Zoning Law requires a city or county to adopt a general plan for land use development
within its boundaries that includes, among other things, a housing element. Current law prohibits a local
agency, as defined, from imposing a floor area ratio st andard that is less than 1.0 on a housing
development project that consists of 3 to 7 units, or less than 1.2S on a housing development project
that consists of 8 to 10 units. Current law prohibits a local agency from imposing a lot coverage
requirement that would physically preclude a housing development project of not more than 10 units
from achieving the floor area ratios described above. This bill would delete t he 10-unit maximum for
eligible projects, and would prohibit a local agency from imposing a floor area ratio standard that is less
than 2.5 on a housing development project that consists of 11 to 20 units. The bill would prohibit a local
agency from imposing a floor area ratio standard that is less than 1.25 for every ten housing units,
rounded to the nearest ten units, on a housing development project that consists of more than 20 units.
Status: 2/15/2023-Referred to Corns. on GOV. & F. and HOUSING.
SB 423 (Wiener) Land use: streamlined housing approvals: multifamily housing developments.
(Amended: 3/28/2023) Link
The Planning and Zoning Law authorizes a development proponent to submit an application for a
multifamily housing development that is subject to a streamlined, ministerial approval process, as
provided, and not subject to a conditional use permit, if the development satisfies specified objective
planning standards, including, among others, that the development proponent has committed to record,
prior to the issuance of the first building permit, a land use restriction or covenant providing that any
lower or moderate-income housing units required, as specified, remain available at affordable housing
costs, as defined, or rent to persons and families of lower or moderate-income for no less than specified
periods of time. Current law repeals these provisions on January 1, 2026. This bill would authorize the
Department of General Services to act in the place of a locality or local government, at the discretion of
that department, for purposes of the ministerial, streamlined review for development on property
owned by or leased to the state.
April 11, 2023 Item #3 Page 36 of 47
Status: 3/28/2023-From committee with author's amendments. Read second time and amended. Re-
referred to Com. on GOV. & F.
SB 450 (Atkins) Housing development: approvals. (Amended: 3/16/2023) Link
Current law requires a proposed housing development containing no more than 2 residential units
within a single-family residential zone to be considered ministerially, without discretionary review or
hearing, if the proposed housing development meets certain requirements, including that the proposed
housing development does not allow for the demolition of more than 25% of the existing exterior
structural walls, except as provided. Current law authorizes a local agency to impose objective zoning
standards, objective subdivision standards, and objective design standards, as defined, except as
specified, on the proposed housing development. Current law authorizes a local agency to deny a
proposed housing development if specified conditions are met, including that the building official makes
a written finding that the proposed housing development project would have a specific, adverse impact
upon public health and safety or the physical environment, as provided. This bill would remove the
requirement that a proposed housing development does not allow for the demolition of more than 25%
of the existing exterior structural walls to be considered ministerially. The bill would prohibit a local ·
agency from imposing objective zoning standards, objective subdivision standards, and objective design
standards that do not apply uniformly to development within the underlying zone. This bill would
remove the authorization for a local agency to deny a proposed housing development if the building
official makes a written finding that the proposed housing development project would have a specific,
adverse impact upon the physical environment.
Status: 3/16/2023-From committee with author's amendments. Read second time and amended. Re-
referred to Com. on HOUSING.
SB 620 (McGuire) Low-impact camping areas. (Amended: 3/22/2023) Link
The Special Occupancy Parks Act establishes requirements for the construction, maintenance,
occupancy, use, and design of special occupancy parks. Current law defines "special occupancy park" to
mean a recreational vehicle park, temporary recreational vehicle park, incidental camping area, or tent
camp. This bill would specify that, for purposes of that act, a special occupancy park does not include a
low-impact camping area. The bill would define a "low-impact camping area" to mean any area of
private property that provides for the transient occupancy rental of a shelter, recreational vehicle, or
other temporary sleeping accommodation that is not a commercial lodging facility and meets specified
requirements. The bill would provide that its provisions do not authorize an individual to access private
property without permission of the landowner.
Status: 3/29/2023-Re-referred to Com. on HOUSING.
SB 747 (Caballero) Land use: economic development: surplus land. (Amended: 3/22/2023) Link
Current law authorizes a city, county, or city and county, with the approval of its legislative body by
resolution after a public hearing, to acquire, sell, or lease property in furtherance of the creation of an
economic opportunity, as defined. Current law specifies the Legislature's intent regarding those
provisions. This bill would authorize a city, county, or city and county, in addition to a sale or lease, to
otherwise transfer property to create an economic opportunity. The bill would make related,
April 11, 2023 Item #3 Page 37 of 47
conforming changes. The bill wou.ld additionally state the Legislature's intent is to ensure that residents
of the state have access to jobs that allow them to afford housing without the need for public subsidies.
Status: 3/28/2023-Set for hearing April 12.
Calendar: 4/12/2023 9:30 a.m. -1021 0 Street, Room 1200 SENATE GOVERNANCE AND
FINANCE, CABALLERO, ANNA, Chair,
SB 834 (Portantinol Housing: California Family Home Construction and Homeownership Bond Act of
2023. (Introduced: 2/17/2023) Link
Would enact the California Family Home Construction and Homeownership Bond Act of 2023 (bond act),
which, if adopted, would authorize the issuance of bonds in the amount of $25,000,000,000 pursuant to
the State General Obligation Bond Law to finance the California Family Home Construction and
Homeownership Program, established as part of the bond act. The bill would authorize the California
Housing Finance Agency to award California Socially Responsible Second Mortgage Loans to eligible
applicants to use as a down payment or to pay closing costs on the purchase of a new home. The bill
would also authorize the agency to award Family Homeownership Opportunity Infrastructure
Improvement Loans to developers to be used for predevelopment infrastructure improvements and
other upfront costs typically incurred in connection with new home construction, under specified
conditions. The bill would require that moneys received from a loan recipient for the repayment of
financing provided under the program be used to pay debt service when due on bonds issued pursuant
to the bond act. The bill would also authorize the agency to issue revenue bonds for the purposes of
financing the program, as specified.
Status: 3/16/2023-March 21 hearing postponed by committee.
Open Meetings and Transparency
AB 557 (Hartl Open meetings: local agencies: teleconferences. (Introduced: 2/8/2023) Link
Current law, until January 1, 2024, authorizes a local agency to use teleconferencing without complying
with specified teleconferencing requirements in specified circumstances when a declared state of
emergency is in effect, or in other situations related to public health, as specified. If there is a continuing
state of emergency, or if state or local officials have imposed or recommended measures to promote
social distancing, existing law requires a legislative body to make specified findings not later than 30
days after the first teleconferenced meeting, and to make those findings every 30 days thereafter, in
order to continue to meet under these abbreviated teleconferencing procedures. Current law requires a
legislative body that holds a teleconferenced meeting under these abbreviated teleconferencing
procedures to give notice of the meeting and post agendas, as described, to allow members of the
public to access the meeting and address the legislative body, to give notice of the means by which
members of the public may access the meeting and offer public comment, including an opportunity for
all persons to attend via a call-in option or an internet-based service option. Current law prohibits a
legislative body that holds a teleconferenced meeting under these abbreviated teleconferencing
procedures from requiring public comments to be submitted in advance of the meeting and would
specify that the legislative body must provide an opportunity for the public to address the legislative
body and offer comment in real time. This bill would extend the above-described abbreviated
April 11, 2023 Item #3 Page 38 of 47
teleconferencing provisions when a declared state of emergency is in effect, or in other situations
related to public health, as specified, indefinitely.
Status: 2/17 /2023-Referred to Com. on L. GOV.
AB 817 (Pacheco) Open meetings: teleconferencing: subsidiary body. (Amended: 3/16/2023) Link
Current law, until January 1, 2026, authorizes the legislative body of a local agency to use alternative
teleconferencing in certain circumstances related to the particular member if at least a quorum of its
members participate from a singular physical location that is open to the public and situated within the
agency's jurisdiction and other requirements are met, including restrictions on remote participation by a
member of the legislative body. This bill would authorize a subsidiary body, as defined, to use
alternative teleconferencing provisions similar to the emergency provisions indefinitely and without
regard to a state of emergency. In order to use teleconferencing pursuant to the Ralph M. Brown Act,
the bill would require the legislative body that established the subsidiary body by charter, ordinance,
resolution, or other formal action to make specified findings by majority vote, before the subsidiary
body uses teleconferencing for the first time and every 12 months thereafter.
Status: 3/20/2023-Re-referred to Com. on L. GOV.
SB 537 (Becker) Open meetings: local agencies: teleconferences. (Amended: 3/22/2023) Link
Current law, until January 1, 2024, authorizes the legislative body of a local agency to use alternate
teleconferencing provisions during a proclaimed state of emergency or in other situations related to
public health that exempt a legislative body from the general requirements (emergency provisions) and
impose different requirements for notice, agenda, and public participation, as prescribed. The
emergency provisions specify that they do not require a legislative body to provide a physical location
from which the public may attend or comment. Current law, until January 1, 2026, authorizes the
legislative body of a loca l agency to use alternative teleconferencing in certain circumstances related to
the particular member if at least a quorum of its members participate from a singular physical location
that is open to the public and situated within the agency's jurisdiction and other requirements are met,
including restrictions on remote participation by a member of the legislative body. These circumstances
include if a member shows "just cause," including for a childcare or caregiving need of a relative that
requires t he member to participate remotely. This bill would authorize certain legislative bodies to use
alternate teleconferencing provisions similar to the emergency provisions indefinitely and without
regard to a state of emergency. The bill would also require a legislative body to provide a record of
attendance on its internet website within 7 days after a t eleconference meeting, as specified. The bill
would define "legislative body" for this purpose to mean a board, commission, or advisory body of a
multijurisdictional cross county agency, the membership of which board, commission, or advisory body
is appointed and which board, commission, or advisory body is otherwise subject to the act. The bill
would also define "multijurisdictional" to mean a legislative body that includes representatives from
more than one county, city, city and county, special district, or a joint powers entity.
Status: 3/29/2023-Re-referred to Corns. on GOV. & F. and JUD.
Public Safety and EMS
AB 93 (Bryan) Criminal procedure: consensual searches. (Amended: 2/23/2023) Link
April 11, 2023 Item #3 Page 39 of 47
Would prohibit a peace officer or law enforcement agency from conducting a warrantless search of a
vehicle, person, or their effects, based solely on a person's consent, as specified. The bill would specify
that consent to conduct a search is not lawful justification for a search.
Status: 3/8/2023-Read second time. Ordered to third reading.
AB 742 (Jackson) Law enforcement: police canines. (Amended: 3/15/2023) Link
Would prohibit the use of an unleashed police canine by law enforcement to apprehend a person, and
any use of a police canine for crowd control. The bill would prohibit law enforcement agencies from
authorizing any use or training of a police canine that is inconsistent with this bill.
Status: 3/22/2023-Coauthors revised. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6.
Noes 2.) (March 21). Re-referred to Com. on APPR.
AB 1082 (Kalral Authority to remove vehicles. (Amended: 3/21/2023) Link
Current law authorizes a peace officer and specified public employees, as an alternative to removal of a
vehicle, to immobilize the vehicle with a device designed and manufactured for that purpose, if, among
other circumstances, the vehicle is found upon a highway or public lands by the peace officer or
employee and it is known to have been issued 5 or more notices of parking violations that are
delinquent because the owner or person in control of the vehicle has not responded to the appropriate
agency within a designated time period. This bill would delete the authority of a peace officer or public
employee, as appropriate, to remove or immobilize a vehicle under those circumstances. The bill would
repeal the related authority to conduct a lien sale to cover towing and storage expenses. The bill would
make various conforming and technical changes.
Status: 3/28/2023-Coauthors revised. From committee: Do pass and re-refer to Com. on APPR. (Ayes 11.
Noes 2.) (March 27). Re-referred to Com. on APPR.
AB 1463 (Lowenthal) Automated license plate recognition systems: retention and use of information.
(Amended: 3/22/2023) Link
Current law requires automated license plate recognition (ALPR) operators and ALPR end-users, as those
terms are defined, to implement usage and privacy policies and to maintain reasonable security
procedures and practices regarding ALPR information, as specified. Current law requires the usage and
privacy policy implemented by an ALPR operator or an ALPR end-user to include the length of time ALPR
information will be retained and the process the ALPR operator or ALPR end-user will utilize to
determine if and when to destroy retained ALPR information. This bill would require an ALPR operator
or ALPR end-user that is a public agency, excluding an airport authority, to include in those policies,
procedures, and practices a requirement that ALPR information that does not match information on a
hot list, as defined, be purged in 30 days, as specified. The bill would also prohibit those ALPR operators
and end-users from accessing an ALPR system that retains that unmatched ALPR information for more
than 60 days, as specified.
Status: 3/28/2023-From committee: Do pass and re-refer to Com. on P. & C.P. (Ayes 10. Noes 4.) (March
27). Re-referred to Com. on P. & C.P.
April 11, 2023 Item #3 Page 40 of 47
Calendar: 4/25/2023 1:30 p.m. -State Capitol, Room 126 ASSEMBLY PRIVACY AND CONSUMER
PROTECTION, GABRIEL, JESSE, Chair,
AB 1708 (Muratsuchi) Theft. (Amended: 3/9/2023) Link
The Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the
November 4, 2014, statewide general election, defines and prohibits an act of shoplifting and prohibits
prosecution for an act of shoplifting under any other law. This bill would refine the definition of
shoplifting and would specifically exclude certain offenses from prosecution as shoplifting, including,
among others, the theft of a firearm or vehicle, identity theft, and credit card fraud.
Status: 3/13/2023-Re-referred to Com. on PUB. S.
Calendar: 4/11/2023 9 a.m. -State Capitol, Room 126 ASSEMBLY PUBLIC SAFETY, JONES-SAWYER,
REGINALD, Chair,
SB 2 (Portantino) Firearms. (Amended: 3/1/2023) Link
Current law prohibits a person from ca rrying a concealed firearm or carrying a loaded firearm in public.
Current law authorizes a licensing authority, as specified, if good cause exists for the issuance, and
subject to certain other criteria including, among other things, the applicant is of good moral character
and has completed a specified course of training, to issue a license to carry a concealed handgun or to
carry a loaded and exposed handgun, as specified. Under current law, the required course of training for
an applicant is no more than 16 hours and covers firearm safety and laws regarding the permissible use
of a firearm. This bill would require the licensing authority to issue or renew a license if the applicant is
not a disqualified person for the license and the applicant is at least 21 years of age. The bill would
remove the good character and good cause requirements from the issuance criteria. Under the bill, the
applicant would be a disqualified person if they, among other things, are reasonably likely to be a
danger to self, others, or the community at large, as specified. This bill would add the requirement that
the applicant be the recorded owner, with the Department of Justice, of the pistol, revolver, or other
firearm capable of being concealed upon the person. This bill would change the training requirement to
be no less than 16 hours in length and would add additional subjects to the course including, among
other things, the safe storage and legal transportation of firearms.
Status: 4/3/2023-Set for hearing April 10.
Calendar: 4/10/2023 10 a.m. -1021 0 Street, Room 2200 SENATE APPROPRIATIONS, PORTANTINO,
ANTHONY, Chair,
SB 44 (Umberg) Controlled substances. (Amended: 3/8/2023) Link
Current law makes it a crime to possess for sale or purchase for purpose of sale, transport, import, sell,
furnish, administer, give away, manufacture, compound, convert, produce, derive, process, or prepare
various controlled substances, including, among others, fentanyl, peyote, and various other opiates and
narcotics. This bill, Alexandra's Law, would require the court to advise a person who is convicted of, or
who pleads guilty or no contest to, the above crimes, as specified, of the danger of selling or
administering illicit drugs and counterfeit pills and that, if a person dies as a result of that action, the
defendant can be charged with homicide. The bill wou.ld require the court to read the advisory
statement in a case in which the defendant exchanged a controlled substance containing fentanyl or its
April 11, 2023 Item #3 Page 41 of 47
analogs for anything else of value, as specified. The bill would require the advisory statement to be
included in a plea form, if used, and specified on the record.
Status: 3/28/2023-VOTE: [First) hearing set for [03-29-2023]: Failed passage in Committee.
Reconsideration granted (PASS)
SB 400 (Wahab) Peace officers: confidentiality of records. (Introduced: 2/9/2023) Link
The California Public Records Act generally requires public records to be open for inspection by the
public. Current law provides numerous exceptions to this requirement. Under current law, the
personnel records of peace officers and custodial officers are confidential and not subject to public
inspection. Current law provides certain exemptions to this confidentiality, including the reports,
investigations, and findings of certain incidents involving the use of force by a peace officer. This bill
would clarify that this confidentiality does not prohibit an agency that formerly employed a peace
officer or custodial officer from disclosing the termination for cause of that officer, as specified.
Status: 3/13/2023-Set for hearing April 11.
Calendar: 4/11/2023 9 a.m. -10210 Street, Room 2200 SENATE PUBLIC SAFETY, WAHAB, AISHA, Chair,
SB 719 (Becker) Law enforcement agencies: radio communications. (Amended: 3/29/2023) Link
Current law establishes the California Law Enforcement Telecommunications System (CLETS) to make
specified criminal justice databases, including individual criminal histories, wanted and missing persons,
and stolen firearms, vehicles, and property, avai lable to participating law enforcement agencies. Current
law prohibits unauthorized access to CLETS and the unlawful use of CLETS information by authorized
users. Current law authorizes the Attorney General to adopt policies, procedures, and practices related
to the use of CLETS. These rules require a participating agency to restrict access to CLETS and define
"access" as the ability to see or hear any information obtained from CLETS. This bill would require a law
enforcement agency, including the Department of the California Highway Patrol, municipal police
departments, county sheriff's departments, specified local law enforcement agencies, and specified
university and college police departments, to, by no later than January 1, 2024, ensure public access, in
real time, to the radio communications of that agency, as specified.
Status: 3/29/2023-From committee with author's amendments. Read second time and amended. Re-
referred to Com. on PUBS.
Calendar: 4/11/2023 9 a.m. -1021 0 Street, Room 2200 SENATE PUBLIC SAFETY, WAHAB, AISHA, Chair,
Revenue and Taxation
ACA 1 (Aguiar-Curry) Local government financing: affordable housing and public infrastructure: voter
approval. (Introduced: 12/5/2022) Link
The California Constitution prohibits the ad valorem tax rate on real property from exceeding 1% of the
full cash value of the property, subject to certain exceptions. This measure would create an additional
exception to the 1% limit that would authorize a city, county, city and county, or special district to levy
an ad valorem tax to service bonded indebtedness incurred to fund the construction, reconstruction,
rehabilitation, or replacement of public infrastructure, affordable housing, or permanent supportive
housing, or the acquisition or lease of real property for those purposes, if the proposition proposing that
April 11, 2023 Item #3 Page 42 of 47
tax is approved by 55% of the voters of the city, county, or city and county, as applicable, and the
proposition includes specified accountability requirements. The measure would specify that these
provisions apply to any city, county, city and county, or special district measure imposing an ad valorem
tax to pay the interest and redemption charges on bonded indebtedness for these purposes that is
submitted at the same election as this measure.
Status: 12/6/2022-From printer. May be heard in committee January 5.
Transportation and Public Works
AB 6 (Friedman) Transportation planning: regional transportation plans: Solutions for Congested
Corridors Program: reduction of greenhouse gas emissions. (Amended: 3/16/2023) Link
Current law requires that each regional trcrnsportation plan also include a sustainable communities
strategy prepared by each metropolitan planning organization in order to, among other things, achieve
certain targets established by the State Air Resources Board for the reduction of greenhouse gas
emissions from automobiles and light trucks in the region for 2020 and 2035, respectively. This bill
would require the state board, after January 1, 2024, and not later than September 30, 2026, to
establish additional targets for 2035 and 2045, respectively, as specified.
Status: 3/28/2023-From committee: Do pass and re-refer to Com. on NAT. RES. (Ayes 11. Noes 4.)
{March 27). Re-referred to Com. on NAT. RES.
AB 7 (Friedman) Transportation: project selection processes. (Amended: 3/16/2023) Link
Would require, on and after January 1, 2025, the project selection process for each transportation
project that would be funded, at least partially, from specified funding sources, including the State
Highway Account, the Road Maintenance and Rehabilitation Account, and the Trade Corridor
Enhancement Account, to incorporate specified principles. The bill would require the Transportation
Agency, on or before January 1, 2026, and annually thereafter, to submit a report to the Legislature on
how those transportation projects that were completed during the prior year incorporated those
principles. This bill contains other existing laws.
Status: 3/28/2023-From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 4.) (March
27). Re-referred to Com. on APPR.
AB 334 (Rubio, Blanca) Public contracts: conflicts of interest. (Introduced: 1/30/2023) Link
Current law prohibits members of the Legislature and state, county, district, judicial district, and city
officers or employees from being financially interested in any contract made by them in their official
capacity, or by any body or board of which they are members. Current law authorizes the Fair Political
Practices Commission to commence an administrative or civil action against persons who violate this
prohibition, as prescribed, and includes provisions for the co llection of penalties after the time for
judicial review of a commission order or decision has lapsed, or if all means of judicial review of the
order or decision have been exhausted. Current law identifies certain remote interests in contracts that
are not subject to this prohibition and other situations in which an official is not deemed to be
financially interested in a contract. This bill would establish that an independent contractor, who meets
specified requirements, is not an officer for purposes of being subject to the prohibition on being
financially interested in a contract.
April 11, 2023 Item #3 Page 43 of 47
ADVOCACY FOR THE PUBLIC GOOD.
Status: 3/16/2023-ln committee: Set, first hearing. Hearing canceled at the request of author.
Calendar: 4/19/2023 9 a.m. -State Capitol, Room 444 ASSEMBLY ELECTIONS, BRYAN, ISAAC, Chair,
AB 965 (Carrillo, Juan) Local government: broadband permit applications. (Amended: 3/16/2023) Link
Would require a city, county, city and county, charter city, special district, or publicly owned utility, to
undertake batch broadband permit processing, as defined, upon receiving 2 or more substantially
similar broadband permit applications submitted at the same time, within a presumptively reasonable
time, as defined. If a city, county, city and county, charter city, special district, or publicly owned utility
does not approve those substantially similar broadband permit applications and issue permits, or reject
the applications and notify the applicants, within the presumptively reasonable time, the bill would
require that all of those permits be deemed approved. The bill would specify that these provisions do
not apply to eligible facility requests, as defined.
Status: 3/20/2023-Re-referred to Com. on L. GOV. Re-referred to Corns. on C. & C. and L. GOV. pursuant
to Assembly Rule 96.
Calendar: 4/19/2023 1:30 p.m. -State Capitol, Room 437 ASSEMBLY COMMUNICATIONS AND
CONVEYANCE, BOERNER HORVATH, TASHA, Chair,
AB 971 (Lee) Vehicles: local ordinances (Introduced: 2/14/2023) Link
Current law authorizes a local authority to permit a portion of any highway within its jurisdiction to be
used exclusively for a public mass transit guideway.This bill would additionally authorize a local
authority that has designated any such public mass transit guideway, to permit specified vehicles other
than public mass transit vehicles, as authorized, to use the portion of the highway so designated.
Status: 3/9/2023-From committee chair, with author's amendments: Amend, and re-refer to Com. on H.
& C.D. Read second time and amended.
Calendar: 4/17/2023 2:30 p.m. -1021 0 Street, Room 1100 ASSEMBLY TRANSPORTATION, FRIEDMAN,
LAURA, Chair,
SB 295 (Dodd) Vehicles: regulations on public property. (Amended: 3/15/2023) Link
Current law authorizes a public agency to adopt rules or regulations to restrict, or specify the conditions
for, the use of bicycles, motorized bicycles, electric bicycles, skateboards, electrically motorized boards,
and roller skates on public property under the jurisdiction of that agency, as specified. This bill would
additionally include certain transportation devices for the purposes of this provision, including, among
other things, scooters, pocket bicycles, and golf carts, as specified.
Status: 3/29/2023-From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 0.) (March
28). Re-referred to Com. on APPR.
SB 538 (Portantino) Department of Transportation: Bicycle Czar. (Introduced: 2/14/2023) Link
Would require the Director of Transportation to appoint a Bicycle Czar, to serve as the department's
chief advisor on all issues related to bicycle transportation, safety, and infrastructure.
Status: 4/3/2023-Set for hearing April 25.
April 11, 2023 Item #3 Page 44 of 47
Calendar: 4/25/2023 1:30 p.m. -1021 0 Street, Room 1200 SENATE TRANSPORTATION, GONZALEZ,
LENA, Chair,
SB 706 (Caballero) Public contracts: progressive design-build: local agencies. (Amended: 3/21/2023)
Link
Current law, until January 1, 2029, authorizes local agencies, defined as any city, county, city and county,
or special district authorized by law to provide for the production, storage, supply, treatment, or
distribution of any water from any source, to use the progressive design-build process for up to 15
public works projects in excess of $5,000,000 for each project, similar to the progressive design-build
process authorized for use by the Director of General Services. Current law requires a local agency that
uses the progressive design-build process to submit, no later than January 1, 2028, to the appropriate
policy and fiscal committees of the Legislature a report on the use of the progressive design-build
process containing specified information, including a description of the projects awarded using the
progressive design-build process. Current law requires the design-build entity and its general partners or
joint venture members to verify specified information under penalty of perjury. This bill would authorize
all cities, counties, city and counties, or special districts to use the progressive design-build process for
other projects in addition to water-related projects. The bill would change the required reporting date
to no later than December 31, 2028.
Status: 3/30/2023-From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes
0.) (March 29).
Water and Wastewater
AB 62 (Mathis) Statewide water storage: expansion. (Amended: 2/27/2023) Link
Would establish a statewide goal to increase above-and below-ground water storage capacity by a total
of 3,700,000 acre-feet by the year 2030 and a total of 4,000,000 acre-feet by the year 2040. The bill
would require the State Water Resources Control Board, in consultation with the Department of Water
Resources, to design and implement measures to increase statewide water storage to achieve the
statewide goal. The bill would require the state board, beginning July 1, 2027, and on or before July 1
every 2 years thereafter until January 1, 2043, in consultation with the department, to prepare and
submit a report to the Legislature on the progress made in designing and implementing measures to
achieve the statewide goal.
Status: 2/28/2023-Re-referred to Com. on W., P., & W.
Calendar: 4/18/2023 9 a.m. -State Capitol, Room 444 ASSEMBLY WATER, PARKS AND
WILDLIFE, BAUER-KAHAN, REBECCA, Chair,
AB 305 (Villapudua) California Flood Protection Bond Act of 2024. (Amended: 3/23/2023) Link
Would enact the California Flood Protection Bond Act of 2024 which, if approved by the voters, would
authorize the issuance of bonds in the amount of $3,750,000,000 pursuant to the State General
Obligation Bond Law for flood protection projects, as specified. The bill would provide for the
submission of these provisions to the voters at the November 5, 2024, statewide general election.
Status: 3/27 /2023-Re-referred to Com. on W., P., & W.
April 11, 2023 Item #3 Page 45 of 47
AB 676 (Bennett) Water: general state policy. (Amended: 3/13/2023) Link
Current law establishes various state water policies, including the policy that the use of water for
domestic purposes is the highest use of water and that the next highest use is for irrigation. This bill
would provide specific examples of the use of water for domestic purposes, including, but not limited to,
sustenance of human beings and household conveniences. The bill would provide that all water rights
remain subject to specified laws.
Status: 3/27 /2023-ln committee: Hearing postponed by committee.
Calendar: 5/2/2023 9 a.m. -State Capitol, Room 444 ASSEMBLY WATER, PARKS AND WILDLIFE, BAUER-
KAHAN, REBECCA, Chair,
AB 1488 (Wallis) California Environmental Quality Act: environmental leadership development
projects: water storage, water conveyance, and groundwater recharge projects: streamlined review.
(Amended: 3/23/2023) Link
The Jobs and Economic Improvement Through Environmental Leadership Act of 2021 authorizes the
Governor, until January 1, 2024, to certify environmental leadership development projects that meet
specified requirements for certain streamlining benefits related to CEQA. The act, among other things,
requires a lead agency to prepare the record of proceedings for an environmental leadership
development project, as provided, and to include a specified notice in the draft EIR and final EIR. The act
is repealed by its own term on January 1, 2026. This bill would extend the application of the act to water
storage projects, water conveyance projects, and groundwater recharge projects that provide public
benefits and drought preparedness. The bill would authorize the Governor, until January 1, 2025, to
certify water storage projects, water conveyance projects, and groundwater recharge projects as
environmental leadership development projects. The bill would make other conforming cha nges.
Because a lead agency would be required to prepare the record of proceedings for water storage
projects, water conveyance projects, and groundwater recharge projects pursuant to the act, this bill
would impose a state-mandated local program.
Status: 3/27 /2023-Re-referred to Com. on NAT. RES.
AB 1572 (Friedman) Potable water: nonfunctional turf. (Introduced: 2/17/2023) Lir.ik
(l)Existing law establishes various state water policies, including the policy that the use of water for
domestic purposes is the highest use of water. This bill would make legislative findings and declarations
concerning water use, including that the use of potable water to irrigate nonfunctional turf is wasteful
and incompatible with state policy relating to climate change, water conservation, and reduced reliance
on the Sacramento-San Joaquin Delta ecosystem. The bill would direct all appropriate state agencies to
encourage and support the elimination of irrigation of nonfunctional turf with potable water. This bill
contains other related provisions and other existing laws.
Status: 3/9/2023-Referred to Com. on W., P., & W.
Calendar: 4/18/2023 9 a.m. -State Capitol, Room 444 ASSEMBLY WATER, PARKS AND
WILDLIFE, BAUER-KAHAN, REBECCA, Chair,
April 11, 2023 Item #3 Page 46 of 47
AB 1596 (Alvarez) Watershed, Clean Beaches, and Water Quality Act: beaches: water quality.
(Introduced: 2/17/2023) Link
Existing law, the Watershed, Clean Beaches, and Water Quality Act, among other things, provides that it
is the intent of the Legislature that the purpose of maintaining clean beaches, clean water, and an
integrated and coordinated watershed program is to protect beaches, coastal waters, rivers, lakes, and
streams from contaminants, pollution, and other environmental threats. The act requires the State
Water Resources Control Board, in consultation with the State Coastal Conservancy, to award grants to
public agencies and nonprofit organizations for projects designed to improve water quality at public
beaches, as specified. This bill would require the board, to the extent feasible, to identify and implement
projects to improve beach access and address ocean water quality on public beaches that experience
significant restrictions of use, as defined, due to bacteria levels that exceed public health standards,
whether the source is from urban runoff or transboundary flows.
Status: 3/9/2023-Referred to Com. on E.S. & T.M.
Calendar: 4/18/2023 1:30 p.m. -State Capitol, Room 444 ASSEMBLY ENVIRONMENTAL ~AFETY AND
TOXIC MATERIALS, LEE, ALEX, Chair,
ACA 2 (Alanis) Public resources: Water and Wildfire Resiliency Act of 2023. (Introduced: 12/5/2022)
Link
Would establish the Water and Wildfire Resiliency Fund within the State Treasury, and would require
the Treasurer to annually transfer an amount equal to 3% of all state revenues that may be appropriated
as described from the General Fund to the Water and Wildfire Resiliency Fund. The measure would
require the moneys in the fund to be appropriated by the Legislature and would require that 50% of the
moneys in the fund be used for water projects, as specified, and that the other 50% of the moneys in the
fund be used for forest maintenance and health projects, as specified.
Status: 12/6/2022-From printer. May be heard in committee January 5.
SB 745 (Cortese) The Drought-Resistant Buildings Act. (Introduced: 2/17/2023) Link
Would require the Ca lifornia Building Standards Commission to develop and propose mandatory
building standards to reduce the designed potable water demand of new buildings by 25% from current
mandatory design requirements and to minimize the use of potable water for nonpotable uses. The bill
would require the commission to adopt mandatory building standards that require new buildings to be
designed to capture graywater and use alternative water sources for nonpotable building and
landscaping water uses, as specified.
Status: 3/30/2023-Set for hearing April 18.
Calendar: 4/18/2023 1:30 p.m. -1021 0 Street, Room 1200 SENATE HOUSING, WIENER, SCOTT, Chair,
April 11, 2023 Item #3 Page 47 of 47
Strengthening California Cities
through Advocacy and Education
California Business
Roundtable Measure:
Update
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org
Background
On Feb. 1, 2023, the “Taxpayer Protection and Government
Accountability Act,” or AG# 21-0042A1, qualified for the November
2024 ballot. This anti-local control measure is sponsored by the
California Business Roundtable (CBRT) —the lobbying arm of the
largest and wealthiest corporations in California.
Cal Cities, along with a broad coalition of local governments, labor,
public safety, education, and infrastructure advocates, strongly
oppose this initiative.
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org
Who is the California Business Roundtable?
Members include:
•Albertsons (Safeway)
•Blackstone
•Chevron
•Eli Lilly and Company
•Farmers Group Insurance
•KB Homes
•PepsiCo
•UPS
•Union Pacific Railroad
•Wells Fargo
The California Business Roundtable is an organization that advocates
on behalf of the largest and wealthiest corporation in California.
Amount raised for 2018 ballot initiative: $6.5 million
Amount raised for 2024 ballot initiative: $15 million
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org
Taxpayer Protection and Government Accountability Act = Big threat to cities
•Significant threat to local control and decision making.
•Calls for stricter rules for raising taxes, fees, and assessments that
fund local government services.
•Disrupts fiscal certainty needed for reliable local service delivery by
creating new mechanisms to challenge or repeal local revenue
measures.
•Puts at risk billions of dollars dedicated to funding local services.
•Local measures adopted after Jan. 1, 2022, that do not comply
with the new rules are void unless reenacted.
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org
Uncertain Impacts
The measure goes beyond what people normally think of as “taxes,” and would apply to fees and charges imposed by local governments for the use of municipal property or for contract services by businesses such as waste haulers, cable companies and utilities.
The measure would require that those charges, which are customarily set at market rates, be “reasonable.” That standard is undefined by the text, which obviously makes it subject to legal attack; in practice, it will mean “minimal” —effectively a cut in business fees.
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org
Effective Date
•All new or increased taxes or fees adopted by the Legislature, a
city council, or the local voters after Jan. 1, 2022, must comply with
the Act’s new rules.
•All new or increased taxes adopted after Jan. 1, 2022, must include
a sunset date.
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org
Tax Requirements
Local Taxes
•Requires voter approval in order to apply an existing tax:
to territory that is annexed.
to a new service or product, for example when a utility user tax is applied to a new service (electricity, gas, water, sewer, telephone are some examples).
State taxes
•All new or increased state taxes require statewide voter approval.
•Prohibits a property tax “surcharge” (increase).
•Prohibits any allocation of property tax to the state.
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org
Voters
•Local advisory measures are prohibited. No measure may appear on the ballot asking for approval of a general tax that would allow the voters to express a preference for how the revenue from the general tax will, could, or should be used.
•Overturns Upland decision which upheld a special tax that had been placed on the ballot by the voters to be approved by a majority vote. Taxes proposed by initiative will be subject to the same rules as taxes placed on the ballot by a city council.
•Voters may not amend a city charter to impose, extend, or increase a tax or fee.
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org
Fees and Charges
•Requires that charges for access, use and rental of government property be
“reasonable” such as fees charged for use of government facilities (community
centers) and public works infrastructure to oil companies, utilities, gas companies,
cable companies, and other corporations.
•Fees and charges for services and permits may not exceed the “actual cost” of
providing the product or service for which the fee is charged. “Actual cost” is the
“minimum amount necessary.” Examples include planning services, excavation
and encroachment permits, preparation of candidate statement, and permit
parking.
•State and cities have burden of proving by “clear and convincing evidence”
that a fee/charge is not a tax, that the amount is reasonable, and that it does
not exceed the “actual cost.”
•No fee or charge or exaction regulating vehicle miles traveled can be imposed
on new development.
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org
Fines and Penalties
May require voter approval of fines and penalties for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties. Examples include nuisance abatement, organic waste reduction requirements, and failure to maintain a vacant property.
Litigation is likely since there is a lack of clarity in the measure.
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org
Fiscal Impact
•Puts approximately $2 billion from fees and charges at risk
each year, subject to legal peril.
•Puts approximately $2 billion of annual tax revenue at risk.
Many tax measures approved between 2022-2024 will
need to be resubmitted to voters to comply and be
reapproved.
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org
Recap
•Overturns Upland decision
•Requires new voter approvals
•Requires a sunset on new or increased taxes
•Impacts city charter amendments
•Prohibits local advisory measures
•Changes cities’ ability to charge fees for products and services
•Prohibits fees associated with vehicle miles traveled as a condition of property development
•Jeopardizes authority to impose fines and penalties
Strengthening California Cities
through Advocacy and Education @calcities @calcities @calcities.org
THANK YOU