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HomeMy WebLinkAbout2024-06-11; City Council Legislative Subcommittee; ; Legislative and Advocacy UpdateMeeting Date: June 11, 2024 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 (Exhibit 3) and intergovernmental matters being tracked on behalf of the city. The Subcommittee is requested to provide feedback to help city staff and the city’s lobbying consultants focus the city’s advocacy efforts on high-priority bills and to identify bills for future City Council consideration. 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 2024 Legislative Session. Exhibits 1.Carpi & Clay – Federal Update 2.Renne Public Policy Group – State Update 3.Renne Public Policy Group – Priority Legislation as of June 6, 2024 LEGISLATIVE SUBCOMMITTEE June 11, 2024 Item #2 Page 1 of 89 1 May 31, 2024 City of Carlsbad Federal Update www.carpiclay.com FY25 Appropriations Update House Appropriations Committee Chair Tom Cole (R-OK) announced several important fiscal year (FY) 2025 appropriations updates, including subcommittee allocations and a markup schedule for all twelve annual appropriations bills. Funding levels include defense and non-defense spending as developed by the Fiscal Responsibility Act of 2023. FY25 Appropriations Bill Subcommittee Allocation (in billions) Subcommittee Markup Date Full Committee Markup Date Agriculture-Rural Development $25.873 June 11th July 10th Commerce-Justice-Science $78.288 June 12th July 9th Defense $833.053 June 5th June 13th Energy-Water Development $59.19 June 28th July 9th Financial Services $23.608 June 5th June 13th Homeland Security $64.805 June 4th June 12th Interior-Environment $37.739 June 28th July 9th Labor-HHS $186.586 June 27th July 10th Legislative Branch $7.125 May 23rd June 13th MilCon-VA $147.520 May 21st May 23rd State-Foreign Ops $51.713 June 4th June 12th THUD $90.4 June 27th July 10th Additionally, House Members submitted their fifteen community project requests to the House Appropriations Committee for consideration in the appropriations bills. Members are required to post their projects lists on their websites. The House Appropriations Exhibit 1 June 11, 2024 Item #2 Page 2 of 89 2 www.carpiclay.com Committee will provide links to all Members websites who submitted projects once they are compiled and those links will be found HERE. On behalf of the City of Carlsbad, Rep. Mike Levin submitted the following request to the House Appropriations Committee:  Carlsbad Village Railroad Double Track Trenching—$1.3 million Over the next two months, the House Appropriations Committee will be working to put together the twelve appropriations bills. On the Senate side, Senators Butler and Padilla will be posting their respective community project request lists that they submitted to the Senate Appropriations Committee in early June. Congress Passes Five-Year FAA Reauthorization Bill After weeks of negotiations, Congress approved the FAA Reauthorization Act of 2024 (H.R. 3935), which provides a five-year extension for the Federal Aviation Administration (FAA). The act allocates a total of $66.7 billion for FAA operations, $19.4 billion for airport infrastructure grants, $17.8 billion for facilities and equipment, and $1.6 billion for research and development. Additionally, the legislation extends the authorization for the National Transportation Safety Board (NTSB) through fiscal year 2028. EPA Releases National Security Memorandum for Critical Infrastructure The Environmental Protection Agency (EPA) released a new National Security Memorandum (NSM) to replace the decade-old presidential policy document on critical infrastructure protection. The NSM clarifies the roles and responsibilities of the lead federal agencies identified to improve the resilience of our critical infrastructure sectors against all hazards. EPA is the lead federal agency for the water sector. The NSM also implements a coordinated nationwide approach to assess and manage sector-specific risks. Legislative Activity Second Chance Act Reauthorization Introduced in House. Rep. Carol Miller (R-WV) introduced the Second Chance Reauthorization Act of 2024 (H.R. 8028) with bipartisan support. The bill would reauthorize funding for Second Chance Act grant funding programs to support reentry grant programs, substance use treatment services, and supportive housing at the county level. The legislation was referred to the Judiciary Committee for consideration. Affordable Connectivity Program Bill Introduced in Senate. Senator Ben Ray Lujan (D-NM) introduced new legislation (S. 4317) to provide $6 billion for the Affordable Connectivity Program, which is set to run out of funding at the end of May. The bill also updates the program and would require a spectrum auction. It was referred to the Commerce, Science, and Transportation Committee for consideration. June 11, 2024 Item #2 Page 3 of 89 3 www.carpiclay.com COPS Recruitment Bill Passes Congress. The House and Senate passed the Recruit and Retain Act (S. 546) to expand the Department of Justice’s (DOJ) Community Oriented Policing Services grant program to support law enforcement recruitment efforts. The bill expands the COPS program to allow funds to be used for reducing application-related fees for recruits and directs the DOJ to award competitive grants to partnerships between law enforcement agencies and educational institutions. The bill also directs DOJ to issue guidance for understaffed law enforcement agencies applying for COPS grants. The bill has been presented to President Biden for his signature. Federal Funding Opportunities & Announcements BJA Releases Second Chance Act NOFO. The Department of Justice’s (DOJ) Bureau of Justice Assistance (BJA) released a notice of funding opportunity (NOFO) for $19.8 million through the FY24 Second Chance Act Improving Reentry Education and Employment Outcomes program. The grant program funds reentry services and programs focused on strengthening education and employment outcomes for formerly incarcerated individuals returning to their communities. There are two funding categories: Improving Reentry Education Outcomes and Improving Reentry Employment Outcomes. The Grants.gov deadline is July 11th and the JustGrants deadline is July 18th. COPS Office Releases Safer Outcomes NOFOs. DOJ’s Office of Community Oriented Policing (COPS Office) released NOFOs through the Safer Outcomes Program. Funding opportunities include:  Support for Law Enforcement Agencies: $7 million. Funding will support law enforcement officers, support personnel employed by law enforcement agencies, and mental health professionals working on crisis intervention teams as employees. Applicants must submit an SF-424 and SF-LLL on the Grants.gov solicitation page by July 23rd. Full applications are due in JustGrants by July 30th.  Expansion of Regional De-Escalation Training Centers: $4 million. Funding will support training centers seeking to provide de-escalation and crisis response training for law enforcement in a multistate region. Applicants must submit an SF- 424 and SF-LLL on the Grants.gov solicitation page by July 23rd. Full applications are due in JustGrants by July 30th.  Curriculum Integration for Law Enforcement Academies and State-Level Training Commissions: $5 million. Funding will support two different sub- categories: the Academy Path and the Commission Path. Awards through the Academy Path will integrate de-escalation and crisis response concepts throughout a curriculum of instruction used to train sworn officer candidates within a law enforcement academy setting. Awards through Commission Path will integrate de-escalation and crisis response concepts throughout the development of statewide law enforcement training standards or a program of mandated training for law enforcement officers. Applicants must submit an SF-424 and SF-LLL on the Grants.gov solicitation page by July 23rd. Full applications are due in JustGrants by July 30th. June 11, 2024 Item #2 Page 4 of 89 4 www.carpiclay.com DOE Extends EECBG Deadline. The Department of Energy (DOE) extended the deadline for the Energy Efficiency and Conservation Block Grant (EECBG) program. The program supports local government projects to improve energy efficiency, reduce energy costs, and reduce greenhouse gas emissions. Applications are now due by October 31st. DOT Publishes Stage 1 SMART Grants NOFO. The Department of Transportation (DOT) published a NOFO for the availability of $50 million through the Strengthening Mobility and Revolutionizing Transportation (SMART) grants program. In Stage 1, grants will help fund demonstration projects focused on advanced smart city or community technologies and systems to improve transportation efficiency and safety. Applications are due by July 12th. DOT Announces Round 1 SS4A Grant Awards. DOT announced $63 million to 99 projects across the country through the first round of the Safe Streets for All (SS4A) grants program. The grants will help fund planning and demonstration projects help the nation’s cities, counties, metropolitan planning organizations, and Tribal governments better understand the safety challenges in their communities and begin to identify solutions to make our streets, roads, and highways safer for all road users. EPA Publishes Clean Heavy-Duty Vehicles Grant Program NOFO. EPA published a NOFO for $932 million in competitive grant funding under the Clean Heavy-Duty Vehicles Program. The program will help support the replacement of existing non-zero-emission Class 6 and 7 heavy-duty vehicles with zero-emission Class 6 and 7 heavy-duty vehicles (including some transit vehicles). Applications are due by July 25, 2024. EPA Announces $3 Billion for Lead Pipe Replacement. EPA announced $3 billion in funding to help all states and territories identify and replace lead service lines through the Lead Service Line formula grant program. The awarded funding will be proportional to the number of lead service lines identified in each state or territory. In addition, EPA released a memo and outreach documents that clarify how states and territories can use this funding and other funding opportunities to reduce lead exposure in drinking water. EPA Announces Clean School Bus Rebate Awards. EPA announced $875.67 million in Clean School Bus Rebates for 531 school districts in 47 states, the District of Columbia, and several tribes and territories. The Clean School Bus Program offers grants and rebates for school districts to procure zero emission school buses to replace older, diesel powered school buses. EPA Announces $302 Million in Brownfields Grants. EPA announced $302 million in grants for brownfield cleanup projects. EPA awarded $231 million to 181 projects in 178 communities through the Brownfields Multipurpose, Assessment, and Cleanup (MAC) Grant Programs, $68 million for 31 existing, high performing Brownfields Revolving Loan Fund (RLF) Grant projects, and $3 million for Grow America, an RFL Technical Assistance provider. June 11, 2024 Item #2 Page 5 of 89 5 www.carpiclay.com EPA Announces $14 Million in Brownfields Job Training NOFO. EPA announced a NOFO for $14 million in grants through the Brownfields Job Training Program. The grants will allow nonprofit and other eligible organizations to recruit, train, and retain a local, skilled workforce by prioritizing unemployed and under-employed workers, including low-income individuals living in communities disproportionately impacted by solid and hazardous waste, in environmental jobs. Applications are due by August 15th. FRA Publishes Federal-State Partnership for Intercity Passenger Rail Grants NOFO. FRA published a NOFO for the availability of $2.03 billion through the Federal-State Partnership for Intercity Passenger Rail Grant Program for projects located on the Northeast Corridor (NEC). The grants will help fund capital projects on the NEC that reduce state of good repair backlog, improve performance, or expand or establish new intercity passenger rail service. Applications are due by July 14, 2024. HUD Announces $5.5 Billion in Grant Allocations. The Department of Housing and Urban Development (HUD) announced $5.5 billion in formula grant allocations to states, counties, insular areas, the District of Columbia, Puerto Rico, and local governments nationwide. Allocations include:  Community Development Block Grants: $3.3 billion  HOME Investment Partnerships Program: $1.3 billion  Housing Opportunities for Persons with HIV/AIDS: $455 million  Emergency Solutions Grants: $290 million  Recovery Housing Program: $30 million  Housing Trust Fund: $214 million HUD Announces FHAP Awards. HUD announced $26 million in non-competitive funding for 77 state, county, and local government agencies through the Fair Housing Assistance Program (FHAP). Funding will support agencies that administer fair housing laws that provide rights, remedies, and procedures outlined by the Fair Housing Act. Joint Office Announces CFI NOFO. The Joint Office of Energy and Transportation (Joint Office) announced a NOFO for $1.3 billion through the Charging and Fueling Infrastructure (CFI) Discretionary Grant Program to support the deployment of electric vehicle charging equipment and other alternative fueling infrastructure. The grant is divided equally into two funding categories: Community Charging and Fueling Grants and Alternative Fuel Corridor Grants. Applications are due by August 28th. OJJDP Releases FY25 Strategies to Support Children Exposed to Violence NOFO. DOJ’s Office of Juvenile Justice Delinquency Prevention (OJJDP) released a NOFO for $6.8 million through the FY24 Strategies to Support Children Exposed to Violence program. Grants will support projects that develop and/or enhance support services for children exposed to violence to reduce the adverse impact of violence on youth, families, and communities, and to help family-serving organizations better recognize and help families at risk for exposure to violence. Grants.gov applications are due by June 24th, and JustGrants applications are due by July 8th. June 11, 2024 Item #2 Page 6 of 89 6 www.carpiclay.com Federal Agency Personnel & Regulatory Announcements President Biden Announces Expansion of White House EJ Advisory Council. President Biden announced the appointment of 12 additional members to the White House Environmental Justice (EJ) Advisory Council. The EJ Advisory Council advises the administration on EJ issues across all federal agencies. The Council is holding a public hearing on June 5th and 6th which will include the newly appointed members. EPA Publishes Final PFOA and PFOS CERCLA Rule. EPA published its final rule to designate two per- and polyfluoroalkyl substances (PFAS) — perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural Isomers — as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund. The rule will enable investigation and cleanup of these chemicals and ensure that leaks, spills, and other releases are reported. The rule is effective July 8th. EPA Announces 2023 Top Cities for ENERGY STAR Certified Buildings. EPA announced its annual Top Cities for ENERGY STAR certified commercial and multifamily buildings for 2023. Los Angeles came in first with 876 certified buildings, followed by Washington, DC, with 631, and New York with 390. The list includes the top 25 cities by metro area, and there are separate top ten lists for mid-sized and small cities. EPA Launches ENERGY STAR Webpage and Partnership. EPA launched a new home savings web tool and the ENERGY STAR Home Upgrade Service Provider Partnership. The new web tool is a zip code-based resource that allows users to identify all energy efficiency incentives in their area. The new ENERGY STAR Home Upgrade Service Provider Partnership features companies and community-based organizations that specialize in services to assist customers with sales, incentives, and financing for comprehensive energy efficiency upgrades. FCC Issues WEA Proposed Rule. The Federal Communications Commission (FCC) issued a proposed rule to implement multilingual Wireless Emergency Alerts (WEA). The proposal would require mobile carriers participating in WEA to support a set of pre-translated WEA messages in English, the 13 most spoken languages in the United States, and American Sign Language. Comments are due by June 12th. FEMA and NOAA Prepare for 2024 Atlantic Hurricane Season. FEMA and the National Oceanic and Atmospheric Administration (NOAA) announced preparations for the 2024 Atlantic Hurricane Season, which begins on June 1st. NOAA forecasters predict that there will be up to 25 named storms, of which up to 13 are expected to be hurricanes. Up to seven of the storms are predicted to be major hurricanes with sustained winds of 111 miles per hour or higher. FEMA is preparing distribution centers across the country and is updating standing contingency contracts to support rapid disaster response and recovery operations. June 11, 2024 Item #2 Page 7 of 89 7 www.carpiclay.com FHWA Names New Deputy Administrator. FHWA named Kristin White as the new Deputy Administrator. Ms. White has served as FHWA Chief Counsel since July 2023. FRA Finalizes Reports on Safety and Performance of Long Trains. FRA finalized three reports on the safety and performance of long trains. The reports have been sent to the National Academies of Sciences (NAS) to inform an ongoing NAS study to look at the impact of trains longer than 7,500 feet. FRA’s reports include findings from tests conducted on air brake racks and the air brake system of a stationary train to examine how the length of long trains affects air brake system behavior and performance. FRA’s research team also conducted tests on a moving train to better understand the dynamic performance of long trains and collect data on train dynamics and brake system performance. HUD Announces Housing Voucher Program Rule. HUD release a final rule implementing changes to the Housing Choice Voucher (HCV) tenant-based program and the Project-Based Voucher (PBV) program authorized by the Housing Opportunity Modernization Act of 2016. HUD made several modifications to the HCV and PBV programs, including establishing a statutory definition of public housing agency-owned housing. The rule is effective on June 6th. HUD Issues FHA Guidance on AI. HUD released two guidance documents addressing the application of the Fair Housing Act (FHA) as it relates to artificial intelligence (AI). The first guidance is on AI applications for tenant screening and makes clear that use of third party screening companies that may use AI must comply with FHA and ensure that all housing applicants are given equal opportunity. The second guidance is on advertisers and online platforms used for housing to ensure providers do not unlawfully deny consumers information about housing opportunities based on a consumer’s protected characteristics. HUD Issues HOME Program Proposed Rule. HUD issued a proposed rule to modernize regulations for the HOME Investment Partnership (HOME) Program. The proposed rule aims to streamline regulations for the program, align resources and funding with other federal housing programs, reduce administrative burdens, improve assistance and protections for renters, provide funding support for homeowners, and promote green and climate resilient building practices. Comments are due by July 29th. IRS Announces Direct File as Permanent Tax Filing Option. The IRS announced that Direct File will be a permanent option for filing federal tax returns beginning with the 2025 filing season. Direct File allows individuals with simple federal tax returns to file directly with the IRS at no cost. ## ## ## June 11, 2024 Item #2 Page 8 of 89 1 June 6, 2024 To: Jason Haber, Intergovernmental Affairs Director Cindie McMahon, City Attorney City of Carlsbad From: Sharon Gonsalves Director of Government Affairs Renne Public Policy Group RE: RPPG Monthly Legislative Summary – May 2024 LEGISLATIVE UPDATE May a Whirlwind of Activity as Lawmakers Rush to Meet Deadlines May was a month of fiscal and legislative deadlines for the Administration and the Legislature: •The May Budget Revision to the January Budget proposal for fiscal year 2024-25 was released by Governor Gavin Newsom on May 10. •The last day for policy committees to meet prior to May 28 was May 17. •The deadline for fiscal committees to hear and send bills introduced in their house to the Floor was also May 17. •The week of May 20 was reserved for Floor session, where legislators met for long hours and deliberated on hundreds of bills before the house of origin deadline on May 24. •May 30 Budget subcommittees of both houses held final hearings to take actions on all open items, so that the budget committees can craft language and a legislative Budget can be passed on time. •Committee meetings resumed on May 28 and bills must pass both houses of the Legislature by August 31 in order to advance to the Governor’s desk, where they will be approved or vetoed by September 30. As of June 3, approximately 1,600 pieces of legislation of the more than 2,400 introduced since the start of the year continue to make their way through the legislative process. From this point onward, we can expect to see more to be halted in policy and fiscal committees, as well as on the Floor. For reference, last year, 1,406 of the more than 3,000 measures introduced made it all the way through both houses, with the Governor signing 890 bills into law and vetoing 156 bills. BUDGET UPDATE On May 11, RPPG sent the City a summary of the Governor’s May Budget Revision that had been released on May 10 for fiscal year 2024-25. As stated in the memo, total state Budget spending for 2024-25 as projected by the Administration is now $288.1 billion, a $3.4 billion decrease from the January Proposal, with a deficit of $27.6 billion, a $10.3 billion decrease from the January Proposal. RPPG will send a final 2024-25 Budget update for the year once it is finalized. In an odd budget release, little detail was immediately made available by the Administration. On May 13, the Administration released a list of balancing proposals for the Budget that can be found here. More budget detail was released in the budget subcommittee agenda packets over the weeks that followed, as committees met to wrap up proposed budget action by the Legislature. Exhibit 2 June 11, 2024 Item #2 Page 9 of 89 2 On May 29, the Legislature released their Joint Legislative Budget Summary (here and here) which summarizes the action both houses have agreed to take on a legislative Budget deal. Budget subcommittee hearings had their final hearings late last week to take action on all open items. The Budget language that will accompany this package is being drafted by staff and will be voted on by both houses prior to the June 15 deadline. Discussions continue between the Administration and the Legislature, hammering out final details, and the Governor will sign a budget deal prior to July 1. Climate Bond On May 30, Politico leaked the rumored details of a climate bond, airing both the Senate and Assembly potential proposals. The Assembly has drafts for three versions: $6 billion, $8 billion and $10 billion, while the Senate has drafts for two: $6.8 billion and $9 billion. The drafts show the decreased investments across the board in water, energy, outdoor and open spaces, and wildfire resiliency, but look to maintain small pots of funding for most. However, the level of proposed investments would then be very little on a statewide scale to be impactful. RPPG is following activity and will provide details as they become available. A deal must be made and passed by the Legislature no later than June 27 for it to make it to the Secretary of State to be placed on the November ballot. RPPG LEGISLATIVE ACTIVITY RPPG continues to review priority bills—keeping City staff apprised of developments on legislation during our standing meetings and throughout the month as needed. RPPG continues to work hand in hand with City staff to gather client-specific information while actively engaging with lawmakers and agency officials on legislation of interest to the City. AB 2715 Sharon Gonsalves had several meetings with the Senate Local Government Committee to discuss the origins of the bill and potential amendments. After discussions, it was determined that the bill language should move forward as is. AB 2489 and AB 2557 Analyses On May 8, RPPG sent the City updated analyses of AB 2489 (Ward) and AB 2557 (Ortega). AB 2489 was held in the Assembly Appropriations Committee on May 17, while AB 2557 continues to advance as of this writing. Suspense File On May 17, RPPG sent the City a summary of the outcomes of the suspense file hearings that had been held that day for the Assembly and the Senate Appropriations Committees. SB 1123 Analysis On May 29, RPPG sent the City an analysis of SB 1123 (Caballero) - see attached. House of Origin On May 28, RPPG sent the City a summary of the house of origin deadline. The memo also provided an update on the legislative session up to that point, as well as an outlook on the rest of the session, including what to expect in terms of process and deadlines for the rest of the year. Update on Positioned Legislation RPPG is closely monitoring and providing updates on bills on which the City has adopted a position. •AB 817 (Pacheco) Open meetings: teleconferencing: subsidiary body o Status: Senate Local Government o City Position: Support June 11, 2024 Item #2 Page 10 of 89 3 •AB 1779 (Irwin) Theft: jurisdiction o Status: Senate Public Safety o City Position: Support •AB 1802 (Jones-Sawyer) Crimes: organized theft o Status: Senate Public Safety o City Position: Support •AB 1886 (Alvarez) Housing Element Law: substantial compliance: Housing Accountability Act o Status: Senate Housing o City Position: Oppose •AB 2081 (Davies) Substance abuse: recovery and treatment programs o Status: Senate Health o City Position: Support •AB 2234 (Boerner) Vehicles: electric bicycles o Status: Senate Rules awaiting assignment o City Position: Sponsor •AB 2257 (Wilson) Local government: property-related water and sewer fees and assessments: remedies o Status: Senate Judiciary o City Position: Support •AB 2557 (Ortega) Local agencies: contracts for special services and temporary help: performance reports o Status: Senate Local Government o City Position: Oppose •AB 2560 (Alvarez) Density Bonus Law: California Coastal Act of 1976 o Status: Senate Housing o City Position: Oppose •AB 2561 (McKinnor) Local public employees: vacant positions o Status: Senate Rules awaiting assignment o City Position: Oppose •AB 2574 (Valencia) Alcoholism or drug abuse recovery or treatment programs and facilities: disclosures o Status: Senate Health o City Position: Support •AB 2684 (Bryan) Safety element: extreme heat o Status: Senate Local Government o City Position: Support •AB 2715 (Boerner) Ralph M. Brown Act: closed sessions o Status: Senate Local Government o City Position: Sponsor •AB 2729 (Patterson, Joe) Residential fees and charges o Status: Senate Local Government o City Position: Oppose •AB 2943 (Zbur) Crimes: shoplifting o Status: Senate Rules awaiting assignment o City Position: Support •AB 3093 (Ward) Land use: housing element: streamlined multifamily housing o Status: Senate Housing o City Position: Oppose June 11, 2024 Item #2 Page 11 of 89 4 •AJR 12 (Alvarez) Tijuana River: cross-border pollution o Status: Senate Environmental Quality o City Position: Support •SB 689 (Blakespear) Local coastal program: bicycle lane: amendment o Status: Assembly Natural Resources o City Position: Support •SB 905 (Wiener) Crimes: theft from a vehicle o Status: Assembly Rules awaiting assignment o City Position: Support •SB 1011 (Jones) Encampments: penalties o Status: Held in committee o City Position: Support •SB 1037 (Wiener) Planning and zoning: housing element: enforcement o Status: Assembly Rules awaiting assignment o City Position: Oppose •SB 1116 (Portantino) Unemployment insurance: trade disputes: eligibility for benefits o Status: Assembly Rules awaiting assignment o City Position: Oppose Priority Bills RPPG has tagged 144 bills for the City as “priority,” which may be of potential interest, or may impact 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. ADMINISTRATION ACTIONS AT&T Carrier of Last Resort Update The PUC recently announced that they proposed to reject AT&T’s request to withdraw as carrier of last resort. According to a CalMatters article, there were no telecommunications companies that responded to AT&T’s application to replace it as the carrier of last resort. The PUC’s decision is not final until it votes at a June 20 meeting, when it will also consider changing rules for carriers of last resort. Prop 1 Update On May 14, in San Mateo County, the Governor held a press conference to provide an update on the availability of funding from Proposition 1. The two part initiative, known as the Mental Health Services Act, includes a bond to build treatment facilities and permanent supportive housing for people with mental health and addiction challenges. The initiative also makes changes to a longstanding tax on personal incomes over $1 million. Joined by Senator Susan Eggman, Senator Josh Becker, Business, Consumer Services, and Housing (BCSH) Secretary Moss, and Department of Health and Human Services (DHHS) Secretary Dr. Ghaly, Governor Newsom announced the first installment of $3.1 billion that would be made available this summer, with applications due in the fall. Originally it was expected that the Notice Of Funding Assistance (NOFA) would not be released until 2025, which would delay when the funding would be available to communities. Additionally, it is understood that local agencies and organizations have been briefed by the California Health and Human Services Agency, California Veterans Affairs Agency (CalVet), and the Department of Housing and Community Development (HCD) on what resources and tools will be available. June 11, 2024 Item #2 Page 12 of 89 5 Additionally, a bond guidance for supportive housing ($2 billion overall, with $1 billion for veterans) is expected by the end of 2024 from HCD. A new website has become available to serve as a resource for those in need of mental health support services and will include updates on the state’s ongoing progress to implement Proposition 1. The website is mentalhealth.ca.gov. The press conference can be viewed here. LOOKING FORWARD •JUNE 15: Legislature must pass the main budget bill •JUNE 30: Governor must sign the main budget bill •JULY 5—AUGUST 4: Summer Recess •AUGUST 31: Last day for the Legislature to pass bills; end of the 2023-2024 legislative session •SEPTEMBER 30: Last day for the Governor to sign or veto bills Attachment: A. RPPG Analysis of SB 1123 (Caballero) June 11, 2024 Item #2 Page 13 of 89 1 May 29, 2024 To: Jason Haber, Intergovernmental Affairs Director Cindie McMahon, City Attorney City of Carlsbad From: Sharon Gonsalves Director of Government Affairs Renne Public Policy Group RE: RPPG Analysis of SB 1123 (Caballero) – Starter Home Revitalization Act of 2021i (As Amended April 23, 2024) Existing Law SB 1123 Comments As of July 1, 2024ii, requires local agencies to grant ministerial approval, within 60 days, of a subdivision or parcel map on a multifamily zoned parcel of five acres or less, that will result in 10 or fewer parcels, and contain 10 or fewer residential units, that meet specified conditions. Housing developments proposed for those lots must also be approved ministerially. Local agencies may impose objective zoning, subdivision and design standards, but those standards may not “physically preclude:” a) Densities listed under housing element law (Mullin Densities).iii b) Setbacks between units greater than building code. c) Side and rear setbacks greater than four feet. d) Parking requirements greater than one space per unit, unless within ½ mile of major transit corridor, or a car share vehicle Changes made by SB 1123 take effect on January 1, 2025. Attachment A June 11, 2024 Item #2 Page 14 of 89 2 is located within one block of parcel. e) Locals may not require a floor area ratio (FAR) less than 1.0 for projects of between 3-7 units, or 1.25 for 8-10 units. Locals can deny a project based on specific, adverse impact. Provisions of Existing law affected by this bill: • Project must be on a multifamily zoned parcel of less than five acres, substantially surrounded by urban uses. Reduces maximum parcel size from 5 to 1.5 acres. Allows projects to be also on vacant parcels zoned for single family. (In 2023, the author had proposed applying her SB 684 to single-family zones, but that provision was stricken from the bill in the September 1 version) Provides that local agencies may impose height limits on developments built on single family lots of no less than the height limit allowed pursuant to the existing zoning designation applicable to the lot. This change cuts both ways. Reducing maximum parcel size removes many parcels from application, but expanding law to apply to single-family zoned parcels picks up many others. There is a large policy difference from expanding this law to single-family zoned parcels. When an area is zoned for multifamily, adjacent property owners are presumably aware of the potential density. It is quite different for single-family parcels, where residents have an expectation that similar single-family development will be located close to them. 10 single-family units on a 1.5 acre parcel would generate (noise, traffic, privacy and other concerns) similar to living adjacent to a multifamily building or mobilehome park. Unlike, SB 9 (Atkins), of 2021, which allows up to 4 units on a single-family parcel, this bill does not prohibit these units from being rented for less than 30 days as vacation rentals. June 11, 2024 Item #2 Page 15 of 89 3 • Projects may produce 10 or fewer single-family units. Locals are not required to permit ADUs/JADUs. • Parcels can’t be less than 600ft, locals can go smaller. • Homes cannot exceed 1,750 “net habitable” sq.ft. • Prohibits a housing development on a proposed site from being required to comply with any size, width, depth, or dimensions beyond the minimum parcel size. • Housing units proposed to be subdivided are one of the following: a) Fee simple ownership. b) Common interest development. Bill allows local governments to permit ADUs/JADUs, but provides they don’t count against the allowable maximum of 10 units. Provides that if parcels are zoned for single-family, they can’t be less than 1,200 ft, but locals can allow less. Bill makes various clarifications to definition of “net habitable” sq. ft. definition, including permitting headroom of 6.5 feet.iv Adds “frontage” to list of minimum items (size, width, depth) lots do not need to comply with Bill authorizes homes to be owned in Tenancy in Common. v Given the constant expansion of ADU laws, it will be difficult for local governments to count on this (non-ADU/JADU) provision to stick in the law. Existing law’s minimum of 600sq.ft. is incredibly small, making 1,200sq.ft (also very small) look like an improvement. That said, such small lots provide little area for exterior patios, parking vehicles, storage sheds, etc. Conditions similar to a dense mobilehome park can be expected. Under existing law, Sec. 66499.41(d), locals can continue to condition approval of the subdivision/parcel map on compliance with building codes. Eliminating the ability of locals to require lots to have “frontage” means that they do not have to be adjacent to a street. Presumably, such lots will be “walk in,” with any vehicles parked somewhere else. Locals should ensure there is fire access to these structures. Seems more of a clarification. There is no particular issue with tenancy in common, compared to other authorized ownership structures under the law. June 11, 2024 Item #2 Page 16 of 89 4 c) Housing cooperative. d) Community land trust. • Prohibits subdivisions of parcels located in various areas, including on prime farmland, wetlands, very high fire hazard zones, hazardous waste sites, earthquake faults, floodways, etc. Provides that the proposed subdivision will not result in any existing dwelling unit being “alienable” separate from the title to any other existing dwelling unit on the lot. This provision could be aimed at prohibiting this law from being used to convert an existing rental multifamily building into ownership condos. 1) Slippery Slope on Single-Family: As dozens of housing bills emanate from the Legislature each year, it becomes difficult to track their overlapping implications. In this case, we have: a. In 2021, SB 9 (Atkins) allows for single family parcels to be split, with the resulting parcel at least 1,200sq.ft., and up to two units to be built on each parcel. b. In 2021, AB 803, (Boerner Horvath) was enacted and took effect January 1, 2022. This bill allowed small lot subdivisions to be created on multifamily parcels of five or fewer acres. Locals retained discretionary approval authority, and CEQA applies. This law, however, appears somewhat eclipsed by SB 684 (Caballero). c. In 2023, SB 684 (Caballero) is enacted, and rather than attempting to amend AB 803, it proposes a similar law, addressing small lot subdivisions on multifamily zoned parcels of five acres or less, through a ministerial approval process, thus avoiding CEQA. (By its terms, SB 684 does not take effect until July 1, 2024). d. Before SB 684 takes effect, SB 1123 (Caballero) is proposing some significant changes to SB 684, including allowing the division of these small lot subdivisions to occur on single- family parcels, allowing up to 10 units on 1.5 acres. (These changes would take effect on July 1, 2025). (In 2023, the author had proposed applying SB 684 to single-family zones, but that provision was stricken from the bill in the September 1 version) Legislative measures that change conditions related to single-family parcels are among the most controversial bills in the Legislature. For residents and communities these bills touch on concerns about the single-family property owner’s expectations based on the zoning of the neighborhood and adjacent properties when purchasing the property, and concerns about increased, noise, traffic, loss of privacy, etc. These issues are further compounded when the Legislature makes such legislation subject to ministerial approvals, because local residents affected by these measures are denied due process and an opportunity to comment on these zoning changes with their local legislative body, nor are such changes subject to environmental reviews under CEQA. 2) Multifamily vs. Single Family Zoning: There is a big difference between AB 803 and SB 684’s application of this small lot subdivision requirement to multifamily zoned parcels vs single-family zoned parcels. It comes down to due process and the expectations of adjacent property June 11, 2024 Item #2 Page 17 of 89 5 owners. When the multi-family zoning was established by the local agency, it was likely vetted at a public hearing along with additional CEQA analysis. Affected residents had at least a forum to become aware of the proposal and have input. Those purchasing property in the area could also incorporate such information into their decisions. In other words, the density associated with multifamily on the parcel is expected, so if it ended up being divided into smaller parcels in accordance with AB 803 or SB 684, the intensity of the use would be relatively similar. That is not the case with existing single-family zoning. In this case, property owners have no knowledge that SB 1123 can result in a 10-unit development next to them. 3) Expansion of SB 9? The highly controversial SB 9 (Atkins), which locals are still adjusting to, and is subject to pending litigation,vi allows a single family parcel to be split in half, with the resulting parcels containing a minimum of 1,200 sq.ft. SB 1123, however, would allow a vacant single- family parcel of up to 1.5 acres to be divided into 10 parcels. This is a major expansion of the limitations of SB 9. According to the Senate Local Government Committee’s analysisvii of the bill: a. Lot’s larger than 1/3rd of an acre could potentially accommodate 10 units. b. For most lots in the state, the maximum would be between 4-6 units. c. Given the median lot size in the state of 8,300 sq.ft., those lots could accommodate five units. 4) Vacation Rentals: SB 9 prohibits units created under that bill from being used as vacation rentals for terms of 30 days or less; SB 1123, however, has no such limitation, which could encourage the use of this legislation for vacation rentals in coastal and other tourist destinations. 5) Density Akin to a Mobilehome Park: In a typical subdivision of single family homes on larger parcels, homes are often set back from the road, with landscaping, and accessory structures. In contrast, SB 1123 would allow a up to 10 units of 1,750 sq.ft. homes to be placed in these neighborhoods. Such intense development, akin to a mobilehome park, will incite concerns from nearby property owners, since the applicable zoning never contemplated such development. Given that the bill requires the development to be processed ministerially, the affected residents will have no access to public hearings, CEQA analysis, and other due process associated with local zoning changes. 6) Vacant Single-Family Parcels? While the bill states that it applies to vacant single-family parcels, it is not clear if a parcel can become “vacant” simply by removing an existing single- family structure. 7) Parcels Within Homeowner’s Associations: SB 9 has been interpreted to not allow property owners residing on single-family parcels subject to covenants, codes and restrictions (CC&Rs) within a homeowner’s association (HOA) to split their parcels without HOA approvals. Since SB 1123, as drafted also does not appear to affect HOAs, it will likely only apply to single-family parcels that are not subject to HOA’s. 8) Punishing Good Actors: Local agencies are required to adopt extensive housing elements which must accommodate their assigned regional housing needs through zoning at the local level. It is unclear why local agencies which have HCD certified housing elements, should be subject to such disruptive “wildcat” legislative rezoning proposals. Local zoning provides clarity and stability to local residents and property owners, and “good actor” communities should be exempt from such destabilizing laws. i The origin of this law was enacted by Assm. Boerner Horvath, as AB 803, Ch. 154 of 2021. That law is still on the books as Gov’t Section 64499.40, which establishes parameters for local agencies to approve the development on multifamily parcels of small- June 11, 2024 Item #2 Page 18 of 89 6 lot development of single-family homes owned fee-simple. Under this law, locals have discretionary review authority, CEQA applies, and can deny developments that: 1) Fail to meet the section’s requirement. 2) Fail to meet other requirements applicable to subdivisions in within Division 2 of the Government Code, not in conflict with the Section. 3) Fail to comply with local general plan, zoning, subdivision, and design standards not in conflict with the section. 4) The development would have a specific, adverse impact on health and safety. In 2023, however, Senator Caballero authored (SB 684 (Caballero), Ch. 783, of 2023) a similar, but more detailed measure, that required ministerial approval of subdivision and parcel maps in Section 66499.41. Most developers would likely now use the Caballero bill, rather than AB 803, since it offers ministerial approval. ii Operative date of Sections of the Government Code added by SB 684 (Caballero), Ch. 783, of 2023: 65852.28, 65913.4.5, and 66499.41, except for subdivision (h). iii Sec. 65583.2(c )(3)(B): (B) The following densities shall be deemed appropriate to accommodate housing for lower income households: (i) For an incorporated city within a nonmetropolitan county and for a nonmetropolitan county that has a micropolitan area: sites allowing at least 15 units per acre. (ii) For an unincorporated area in a nonmetropolitan county not included in clause (i): sites allowing at least 10 units per acre. (iii) For a suburban jurisdiction: sites allowing at least 20 units per acre. (iv) For a jurisdiction in a metropolitan county: sites allowing at least 30 units per acre. iv “For purposes of this paragraph, “net habitable square feet” means the finished and heated floor area fully enclosed by the inside surface of walls, windows, doors, and partitions, and having a headroom of at least six and one-half feet, including working, living, eating, cooking, sleeping, stair, hall, service, and storage areas, but excluding garages, carports, parking spaces, cellars, half-stories, and unfinished attics and basements.” v “Tenancy in common,” is defined to mean: “An interest in common is one owned by several persons, not in joint ownership or partnership.” vi https://www.mercurynews.com/2024/04/25/la-court-strikes-down-controversial-california-law-abolishing-single- family-zoning/ vii https://ct3k1.capitoltrack.com/ViewFile.aspx?doc=\sen\sb_1101- 1150/sb_1123_cfa_371258_sen_comm.html&r=/BillInfo.aspx?measure=SB+1123|r=/workspace.aspx June 11, 2024 Item #2 Page 19 of 89 Priority Legislation June 6, 2024 Cannabis AB 2850 (Rodriguez) Cannabis. (Amended 03/21/2024) Link Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), approved by the voters as Proposition 64 at the November 8, 2016, statewide general election, regulates the cultivation, distribution, transport, storage, manufacturing, testing, processing, sale, and use of marijuana for nonmedical purposes by people 21 years of age and older. Under AUMA, a person 18 years of age or older who plants, cultivates, harvests, dries, or processes more than 6 living cannabis plants, or any part thereof, is guilty of a misdemeanor and may be charged with a felony if specified conditions exist, including when the offense causes substantial environmental harm to public lands or other public resources. The act additionally makes it an infraction for a person less than 21 years of age to plant, cultivate, harvest, dry, or process fewer than 6 living cannabis plants.This bill would amend AUMA to make it a felony, punishable by 16 months or 2 or 3 years in county jail, for a person over 18 years of age, but under 21 years of age to plant, cultivate, harvest, dry, or process any quantity of living cannabis plants. The bill would additionally make it a felony, punishable by 16 months or 2 or 3 years in county jail, for a person over 21 years of age to plant, cultivate, harvest, dry, or process more than 6 living cannabis plants. By increasing the penalty for a crime, this bill would impose a state-mandated local program. This bill contains other existing laws. (Based on 03/21/2024 text) Status: 04/23/2024 - In committee: Hearing postponed by committee. SB 512 (Bradford) Cannabis: taxation: gross receipts. (Amended 05/03/2023) Link The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. 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. This bill, beginning January 1, 2024, would exclude from the terms “gross receipts” and “sales price” 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 would also prohibit a city or county from including in the definition of gross receipts, for purposes of any local tax or fee on a licensed cannabis retailer 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. This bill contains other related provisions and other existing laws. (Based on 05/03/2023 text) Exhibit 3 June 11, 2024 Item #2 Page 20 of 89 {city of Carlsbad Califo r nia Status: 07/10/2023 - July 10 set for first hearing. Placed on suspense file. July 10 hearing. Held in committee and under submission. Economic Development AB 2922 (Garcia) Economic development: capital investment incentive programs. (Amended 04/15/2024) Link Prior law, until January 1, 2024, authorized a county, city and county, or city to establish a capital investment incentive program, pursuant to which the county, city and county, or city was authorized to pay, upon request, a capital investment incentive amount that does not exceed the amount of property tax derived from that portion of the assessed value of a qualified manufacturing facility, as defined, that exceeds $150,000,000 to a proponent of a qualified manufacturing facility for up to 15 years. This bill would reestablish the authorization for capital investment incentive programs until January 1, 2035. The bill would make conforming changes. This bill would declare that it is to take effect immediately as an urgency statute. The bill would make conforming changes. This bill contains other related provisions. (Based on 04/15/2024 text) Status: 05/22/2024 - Referred to Com. on L. GOV. Calendar: 06/05/24 S-LOCAL GOVERNMENT 9:30 a.m. - 1021 O Street, Room 2200 DURAZO, MARIA ELENA, Chair Elections, Political Reform and Redistricting AB 2631 (Fong, Mike) Local agencies: ethics training. (Amended 05/20/2024) Link Existing law requires all local agency officials to receive training in ethics, at specified intervals, if the local agency provides certain monetary payments to a member of a legislative body, as provided. Existing law requires all local agency officials who are members of specified public bodies to receive the above-described training, whether or not the member receives any type of compensation, salary, or stipend or reimbursement for actual and necessary expenses incurred in the performance of official duties. Existing law requires an entity that develops curricula to satisfy the above-described requirements to consult with the Fair Political Practices Commission and the Attorney General regarding the sufficiency and accuracy of the proposed course content. Existing law prohibits the Fair Political Practices Commission and the Attorney General, as specified, from precluding an entity from also including local ethics policies in the curricula. This bill would require the Fair Political Practices Commission, in consultation with the Attorney General, to create, maintain, and make available to local agency officials an ethics training course, as specified. (Based on 05/20/2024 text) Status: 05/23/2024 - In Senate. Read first time. To Com. on RLS. for assignment. Notes: CalCities sponsored Emergency Response and Disaster Preparedness AB 2330 (Holden) Endangered species: incidental take: wildfire preparedness activities. (Amended 05/16/2024) Link June 11, 2024 Item #2 Page 21 of 89 The California Endangered Species Act prohibits the taking of an endangered, threatened, or candidate species, except as specified. Under the act, the Department of Fish and Wildlife (department) may authorize the take of listed species by certain entities through permits or memorandums of understanding for specified purposes. Existing law requires the State Fire Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Existing law requires a local agency to designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal, as provided. This bill would authorize a city, county, city and county, special district, or other local agency to submit to the department a locally designed plan to conduct wildfire preparedness activities on land designated as a fire hazard severity zone, as defined, that minimizes impacts to wildlife and habitat for candidate, threatened, and endangered species, and meets specified criteria. The bill would require the department to notify the local agency within 90 days of receipt of the plan if an incidental take permit or other permit is needed, or if there are other considerations, exemptions, or streamlined pathways that the wildfire preparedness activities qualify for, including, but not limited to, the State Board of Forestry and Fire Protection’s California Vegetation Treatment Program. The bill would require the department to provide the local agency, in its notification, a description of the candidate, endangered, and threatened species within the plan area and reasonable measures to avoid, minimize, and fully mitigate the take of the candidate, threatened, and endangered species, as provided. The bill would require the department, commencing January 1, 2026, to annually post a summary of the plan submissions that includes specified information, including the number of incidental take permits issued, on its internet website, as specified. (Based on 05/16/2024 text) Status: 05/29/2024 - Referred to Com. on N.R. & W. Calendar: 06/25/24 S-NATURAL RESOURCES AND WATER 9 a.m. - 1021 O Street, Room 2100 MIN, DAVE, Chair Notes: CalCities sponsored Energy and Utilities AB 1912 (Pacheco) Electricity: legislation imposing mandated programs and requirements: third-party review. (Amended 05/16/2024) Link Existing law regulates public utilities, including electrical corporations. The California Council on Science and Technology is organized as a nonprofit corporation in response to an Assembly Concurrent Resolution in 1988. This bill would request the council to establish a program to, upon request of the Legislature, assess legislation that would establish a mandated requirement or program or otherwise affect electrical ratepayers, as specified. The bill would request the council to develop and implement conflict-of-interest provisions that would prohibit a person from participating in an analysis for which the person knows or has reasons to know that the person has a financial interest. The bill would request the council to annually inform the Public Utilities Commission of the amount necessary to fund the work of the council pursuant to the bill, not to exceed $2,000,000. The bill would require the commission, on June 15 of each year, to assess large electrical corporations, as defined, their proportionate share of the June 11, 2024 Item #2 Page 22 of 89 amount reported by the council, as provided. The bill would require the large electrical corporations to pay their proportionate shares no later than August 1 of each year. The bill would require the moneys collected to be deposited into the Electric Programs Benefit Fund, which would be established by the bill. The bill would continuously appropriate the moneys in the fund to the council to support the work of the council in providing analyses under the bill. The bill would repeal these provisions on January 1, 2030. This bill contains other related provisions. (Based on 05/16/2024 text) Status: 05/23/2024 - In Senate. Read first time. To Com. on RLS. for assignment. AB 2462 (Calderon) Public Utilities Commission: written reports: energy. (Amended 04/08/2024) Link Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations and gas corporations. Existing law requires the commission to annually prepare and submit to the Governor and Legislature a written report that contains the commission’s recommendations for actions that can be undertaken during the succeeding 12 months to limit utility cost and rate increases consistent with the state’s energy and environmental goals, including goals for reducing emissions of greenhouse gases, and requires the commission, in preparing the report, to require certain electrical corporations and gas corporations to study and report on measures they recommend be undertaken to limit costs and rate increases. This bill would require that the report also consider how the adoption of electrification may impact total energy costs borne by consumers, as specified, and contain recommendations that may take longer than 12 months to implement, but could lead to substantial reductions in monthly electricity bills. The bill would also expand the above-described goals to additionally include goals for encouraging beneficial electrification. This bill contains other related provisions and other existing laws. (Based on 04/08/2024 text) Status: 05/24/2024 - In Senate. Read first time. To Com. on RLS. for assignment. AB 2666 (Boerner) Public utilities: rate of return. (Amended 05/16/2024) Link Existing law authorizes the Public Utilities Commission to fix the rates and charges for every public utility, including electrical and gas corporations, and requires those rates and charges to be just and reasonable. This bill would require the commission, following each general rate case test year, to review which costs, if any, each electrical corporation or gas corporation was able to reduce to achieve profits and to adjust the authorized revenue requirement in the subsequent general rate case, as appropriate, based on the actual past costs the corporation records. The bill would require the commission to establish guidelines for electrical corporations and gas corporations to calculate and report annually their actual rates of return to the commission. The bill would require the commission to adopt controls to adequately track those corporations’ actual rates of return relative to their forecasted rates of return and to require those corporations to identify the cost categories where projected costs exceeded actual costs. This bill contains other related provisions and other existing laws. (Based on 05/16/2024 text) Status: 05/24/2024 - In Senate. Read first time. To Com. on RLS. for assignment. SB 1292 (Bradford) Electricity: fixed charges: report. (Amended 04/30/2024) Link Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. Existing law authorizes the commission to adopt new, or expand existing, fixed charges, as defined, for the purpose of collecting a reasonable portion of the fixed costs of providing June 11, 2024 Item #2 Page 23 of 89 electrical service to residential customers. Under existing law, the commission may authorize fixed charges for any rate schedule applicable to a residential customer account. Existing law requires the commission, no later than July 1, 2024, to authorize a fixed charge for default residential rates on an income-graduated basis, as specified. This bill would require the commission, on or before January 1, 2028, but no sooner than 2 years after the adoption of the income-graduated fixed charge for residential rates, to submit a report to the relevant policy committees of both houses of the Legislature on the electrical corporations’ implementation of the fixed charge, as specified. The bill would prohibit the commission from authorizing a fixed charge other than the income-graduated fixed charge for default residential rates until 30 days after the report is submitted. (Based on 04/30/2024 text) Status: 06/03/2024 - Referred to Com. on U. & E. Calendar: 07/01/24 A-UTILITIES AND ENERGY 1:30 p.m. - State Capitol, Room 437 PETRIE-NORRIS, COTTIE, Chair SB 1314 (Nguyen) Electricity: fixed charges. (Introduced 02/16/2024) Link Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. Existing law authorizes the commission to adopt new, or expand existing, fixed charges, as defined, for the purpose of collecting a reasonable portion of the fixed costs of providing electrical service to residential customers. Under existing law, the commission may authorize fixed charges for any rate schedule applicable to a residential customer account. Existing law requires the commission, no later than July 1, 2024, to authorize a fixed charge for default residential rates on an income-graduated basis, as provided. Existing law requires increases to electrical rates and charges in rate design proceedings to be reasonable and subject to a reasonable phase-in schedule relative to the rates and charges in effect before January 1, 2014. This bill would repeal those provisions relating to fixed charges and rate increases. This bill contains other related provisions. (Based on 02/16/2024 text) Status: 02/29/2024 - Referred to Com. on E., U. & C. SB 1326 (Jones) Electricity: fixed charges. (Introduced 02/16/2024) Link Existing law vests the Public Utilities Commission (PUC) with regulatory authority over public utilities, including electrical corporations. Existing law authorizes the commission to adopt new, or expand existing, fixed charges, as defined, for the purpose of collecting a reasonable portion of the fixed costs of providing electrical service to residential customers. Under existing law, the commission may authorize fixed charges for any rate schedule applicable to a residential customer account, and is required, no later than July 1, 2024, to authorize a fixed charge for default residential rates. Existing law requires these fixed charges to be established on an income-graduated basis, with no fewer than 3 income thresholds, so that low-income ratepayers in each baseline territory would realize a lower average monthly bill without making any changes in usage. Existing law requires the PUC to continue the California Alternative Rates for Energy (CARE) program to provide assistance to low-income electric and gas customers with annual household incomes that are no greater than 200% of the federal poverty guideline levels, as specified. This bill would require the PUC to require each electrical corporation to offer default rates to residential customers with at least 2 usage tiers, as provided. The bill would eliminate the requirement that the fixed charges be established on an income-graduated basis as described above, repeal related findings and declarations of the Legislature, and authorize the commission to instead authorize fixed charges that, as of January 1, 2015, do not exceed $10 per June 11, 2024 Item #2 Page 24 of 89 residential customer account per month for customers not enrolled in the CARE program and $5 per residential customer account per month for customers enrolled in the CARE program. The bill would authorize the maximum allowable fixed charge to be adjusted by no more than the annual percentage increase in the Consumer Price Index for the prior calendar year, as specified. This bill contains other related provisions and other existing laws. (Based on 02/16/2024 text) Status: 04/23/2024 - April 22 set for first hearing. Failed passage in committee. (Ayes 4. Noes 0.) Reconsideration granted. SB 1374 (Becker) Net energy metering. (Amended 03/18/2024) Link Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. Existing law requires the commission to develop a standard contract or tariff, which may include net energy metering, for eligible customer-generators, as defined, with a renewable electrical generation facility, as defined, that is a customer of a large electrical corporation. Existing law requires, in developing the standard contract or tariff for large electrical corporations, the commission to take specified actions. This bill would require, no later than July 1, 2025, the commission to ensure that any contract or tariff established by the commission pursuant to the above described provisions for renewable electrical generation facilities configured to serve either multiple customers with meters on a single property, or multiple meters of a single customer on a property or a set of contiguous properties owned, leased, or rented by the customer, meets certain requirements, including that eligible customer- generators are authorized to elect to aggregate the electrical load, as specified. This bill contains other related provisions and other existing laws. (Based on 03/18/2024 text) Status: 05/28/2024 - Referred to Com. on U. & E. Environment and Climate AB 1567 (Garcia) Safe Drinking Water, Wildfire Prevention, Drought Preparation, Flood Protection, Extreme Heat Mitigation, Clean Energy, and Workforce Development Bond Act of 2024. (Amended 05/26/2023) 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, Clean Energy, and Workforce Development Bond Act of 2024, which, if approved by the voters, would authorize the issuance of bonds in the amount of $15,995,000,000 pursuant to the State General Obligation Bond Law to finance projects for safe drinking water, wildfire prevention, drought preparation, flood protection, extreme heat mitigation, clean energy, and workforce development programs. This bill contains other related provisions. (Based on 05/26/2023 text) Status: 05/22/2024 - Re-referred to Com. on N.R. & W. June 11, 2024 Item #2 Page 25 of 89 AB 1992 (Boerner) Coastal resources: coastal development permits: blue carbon demonstration projects. (Amended 05/16/2024) Link Existing law, 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 nonresidential project that impacts coastal wetland, subtidal, intertidal, or marine habitats or ecosystems to build or contribute to a blue carbon demonstration project. (Based on 05/16/2024 text) Status: 05/29/2024 - Referred to Com. on N.R. & W. Calendar: 06/17/24 S-NATURAL RESOURCES AND WATER 3 p.m. or upon adjournment of Session - 1021 O Street, Room 1200 MIN, DAVE, Chair AB 2236 (Bauer-Kahan) Solid waste: reusable grocery bags: standards: plastic film prohibition. (Amended 05/16/2024) Link Existing law prohibits a store, as defined, from providing a single-use carryout bag, as defined, to a customer, with specified exceptions, including an exemption for bags used to contain unwrapped food. Existing law requires a reusable grocery bag sold by a store to a customer at the point of sale to be made by a certified reusable grocery bag producer and to meet specified requirements with regard to the bag’s durability, material, labeling, heavy metal content, and, with regard to reusable grocery bags made from plastic film, recycled material content. Existing law prohibits a producer of reusable grocery bags made from plastic film from selling or distributing those bags unless the producer is certified by a third- party certification entity, and provides proof of that certification and a certification fee to the department, as specified. Existing law also prohibits a store from selling or distributing a recycled paper bag at the point of sale unless the store makes that bag available for purchase for not less than $0.10. Existing law defines “recycled paper bag,” in part, as a paper carryout bag that contains a minimum of 40% postconsumer recycled materials, except as provided, and meets other requirements. Existing law allows a retail establishment to voluntarily comply with these requirements, if the retail establishment provides the department with irrevocable notice. This bill would, commencing January 1, 2026, revise and recast those provisions to, among other things, revise the single-use carryout bag exception to include a bag provided to a customer before the customer reaches the point of sale, that is designed to protect a purchased item from damaging or contaminating other purchased items in a checkout bag, or to contain an unwrapped food item, as specified. The bill would revise the definition of “recycled paper bag” to require it be made from a minimum of 50% postconsumer recycled materials on and after January 1, 2028, without exception. The bill would also require a reusable grocery bag sold by a store to a customer at the point of sale to meet different requirements, including that it not be made from plastic film material. The bill would also repeal the provisions relating to certification of reusable grocery bags, and would repeal a provision relating to certain obsolete at-store recycling program requirements. The bill would make related conforming changes. (Based on 05/16/2024 text) Status: 05/29/2024 - Referred to Com. on E.Q. June 11, 2024 Item #2 Page 26 of 89 AB 2346 (Lee) Organic waste reduction regulations: procurement of recovered organic waste products. (Amended 04/10/2024) Link Existing law requires the State Air Resources Board to complete, approve, and implement a comprehensive strategy to reduce emissions of short-lived climate pollutants in the state to reduce the statewide methane emissions by 40% below 2013 levels by 2030. Existing law requires the Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations that achieve specified targets for reducing organic waste in landfills, as provided. The department’s organic waste regulations require local jurisdictions to annually procure a quantity of recovered organic waste products and to comply with their procurement targets by directly procuring recovered organic waste products for use or giveaway or by requiring, through a written agreement, that a direct service provider to the jurisdiction procure recovered organic waste products, or both. Those regulations specify the types of recovered organic waste products that a jurisdiction may procure, including compost that is produced at a compostable material handling operation or facility, or a specified digestion facility that composts onsite. Other regulations of the department require all compostable materials handling activities to obtain a facility permit from the department prior to commencing operations and meet other specified requirements, but exclude from those requirements certain activities that the regulations state do not constitute a compostable material handling operation or facility, including the composting of green material, agricultural material, food material, and vegetative food material, and the handling of compostable materials under certain conditions, as provided. This bill would authorize local jurisdictions to be credited for the procurement of recovered organic waste products through an agreement with a direct service provider, as defined, and would allow the direct service provider agreement to include the procurement of recovered organic waste products on a prospective or retrospective basis as long as the purchase of those products occurs during the year for which the local jurisdiction seeks credit. The bill would also authorize local jurisdictions to count towards their procurement targets, compost produced and procured from specified compost operations, as defined, and, until 2030, investments made for the expansion of the capacity of compostable materials handling operations or community composting operations, as provided. (Based on 04/10/2024 text) Status: 05/15/2024 - Referred to Com. on E.Q. AJR 12 (Alvarez) Tijuana River: cross-border pollution. (Amended 05/29/2024) Link This measure would, among other things, urge the United States Congress and President Joseph R. Biden to fully fund the United States Environmental Protection Agency’s Comprehensive Infrastructure Solution for the Tijuana River due to the ongoing impacts to public health, the environment, and the local economy caused by cross-border pollution and would urge President Joseph R. Biden to declare a national emergency due to those ongoing impacts. (Based on 05/29/2024 text) Status: 05/29/2024 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E.Q. Position: Support Calendar: 06/05/24 S-ENVIRONMENTAL QUALITY 9:30 a.m. - 1021 O Street, Room 1200 GONZALEZ, LENA, Chair 06/06/24 #14 S-SECOND READING June 11, 2024 Item #2 Page 27 of 89 Notes: 2/14/24: EN tagged as pending support. 2/15/24: EN sent draft support letter to the City for review. 3/12/24: EN received finalized letter, tagged as support, and emailed author's office; bill is in rules. 3/14/24: EN submitted letter to Senate EQ and emailed delegation. SB 638 (Eggman) Climate Resiliency and Flood Protection Bond Act of 2024. (Amended 06/28/2023) 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 direct election, authorizes the issuance of bonds in the amount of $4,000,000,000 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 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. This bill contains other related provisions. (Based on 06/28/2023 text) Status: 07/06/2023 - July 11 hearing postponed by committee. SB 867 (Allen) Drought, Flood, and Water Resilience, Wildfire and Forest Resilience, Coastal Resilience, Extreme Heat Mitigation, Biodiversity and Nature-Based Climate Solutions, Climate Smart Agriculture, Park Creation and Outdoor Access, and Clean Energy Bond Act of 2024. (Amended 06/22/2023) 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 Drought, Flood, and Water Resilience, Wildfire and Forest Resilience, Coastal Resilience, Extreme Heat Mitigation, Biodiversity and Nature-Based Climate Solutions, Climate Smart Agriculture, Park Creation and Outdoor Access, and Clean Energy Bond Act of 2024, which, if approved by the voters, would authorize the issuance of bonds in the amount of $15,500,000,000 pursuant to the State General Obligation Bond Law to finance projects for drought, flood, and water resilience, wildfire and forest resilience, coastal resilience, extreme heat mitigation, biodiversity and nature-based climate solutions, climate smart agriculture, park creation and outdoor access, and clean energy programs. This bill contains other related provisions. (Based on 06/22/2023 text) Status: 07/06/2023 - July 10 hearing postponed by committee. SB 972 (Min) Methane emissions: organic waste: landfills. (Amended 05/16/2024) Link Existing law requires the State Air Resources Board to approve and begin implementing a comprehensive strategy to reduce emissions of short-lived climate pollutants in the state and to achieve a reduction in specified emissions, including methane, as provided. Existing law requires the methane June 11, 2024 Item #2 Page 28 of 89 reduction goals to include a 75% reduction target from the 2014 level by 2025. Existing law requires the Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations, as provided, that achieve the targets for reducing organic waste in landfills. This bill would require the department to provide procedures for local jurisdictions to request technical assistance regarding organic waste and methane reduction requirements from the department, to post those procedures on its internet website, and to provide that technical assistance, as specified. The bill would require the department to report to the Legislature, on or before January 1, 2028, on, among other things relating to organic waste and methane reduction, the status of the technical assistance provided to local jurisdictions and, on or before January 1, 2031, on the state’s ability to meet the targets for reducing the disposal of organic waste in landfills and any recommendations to modify the program to achieve those goals. (Based on 05/16/2024 text) Status: 06/03/2024 - Referred to Com. on NAT. RES. Notes: CalCities sponsored SB 1053 (Blakespear) Solid waste: reusable grocery bags: standards: plastic film prohibition. (Amended 05/16/2024) Link Existing law prohibits a store, as defined, from providing a single-use carryout bag, as defined, to a customer, with specified exceptions, including an exemption for bags used to contain unwrapped food. Existing law requires a reusable grocery bag sold by a store to a customer at the point of sale to be made by a certified reusable grocery bag producer and to meet specified requirements with regard to the bag’s durability, material, labeling, heavy metal content, and, with regard to reusable grocery bags made from plastic film, recycled material content. Existing law prohibits a producer of reusable grocery bags made from plastic film from selling or distributing those bags unless the producer is certified by a third- party certification entity, and provides proof of that certification and a certification fee to the department, as specified. Existing law also prohibits a store from selling or distributing a recycled paper bag at the point of sale unless the store makes that bag available for purchase for not less than $0.10. Existing law defines “recycled paper bag,” in part, as a paper carryout bag that contains a minimum of 40% postconsumer recycled materials, except as provided, and meets other requirements. Existing law allows a retail establishment to voluntarily comply with these requirements, if the retail establishment provides the department with irrevocable notice. This bill would, commencing January 1, 2026, revise and recast those provisions to, among other things, revise the single-use carryout bag exception to include a bag provided to a customer before the customer reaches the point of sale, that is designed to protect a purchased item from damaging or contaminating other purchased items in a checkout bag, or to contain an unwrapped food item, as specified. The bill would revise the definition of “recycled paper bag” to require it be made from a minimum of 50% postconsumer recycled materials on and after January 1, 2028, without exception. The bill would also require a reusable grocery bag sold by a store to a customer at the point of sale to meet different requirements, including that it not be made from plastic film material. The bill would also repeal the provisions relating to certification of reusable grocery bags, and would repeal a provision relating to certain obsolete at-store recycling program requirements. The bill would make related conforming changes. (Based on 05/16/2024 text) Status: 06/03/2024 - Referred to Com. on NAT. RES. SB 1175 (Ochoa Bogh) Organic waste: reduction goals: local jurisdictions: waivers. (Amended 05/13/2024) Link June 11, 2024 Item #2 Page 29 of 89 Existing law requires 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. Existing law requires the Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations that achieve those targets for reducing organic waste in landfills that may include, among other things, different levels of requirements for local jurisdictions and phased timelines based upon their progress in meeting the organic waste reduction goals, and penalties to be imposed by the department for noncompliance. The department’s regulations authorize low-population and elevation waivers for a local jurisdiction, based on, among other things, a consideration of the jurisdiction’s census tracts, that exempt the jurisdiction from all or some of the department’s organic waste collection requirements. This bill would require the department to revise the regulations to require the department to consider, in addition to census tracts, alternatives to those census tracts, as provided, when deciding the geographic boundaries of a low- population or elevation waiver, as specified. The bill would prohibit the department from considering those alternatives when deciding the boundaries for those waivers until it adopts the revised regulations. This bill contains other existing laws. (Based on 05/13/2024 text) Status: 05/28/2024 - Referred to Com. on NAT. RES. Calendar: 06/10/24 A-NATURAL RESOURCES 2:30 p.m. - State Capitol, Room 447 BRYAN, ISAAC, Chair SB 1193 (Menjivar) Airports: leaded aviation gasoline. (Amended 05/16/2024) Link Existing law, the State Aeronautics Act, governs various matters relative to aviation in the state, and authorizes the Department of Transportation to adopt, administer, and enforce rules and regulations for the administration of the act. Under existing law, a violation of the State Aeronautics Act is a crime. This bill would prohibit an airport operator or aviation retail establishment, as defined, from selling, distributing, or otherwise making available leaded aviation gasoline to consumers, consistent with a specified timeline, as provided. The bill would exempt an airport operator or aviation retail establishment from that prohibition if the board of supervisors of the county in which the point of sale occurs has made a final, written determination supported by clear and convincing evidence, after a noticed public hearing, that an unleaded aviation replacement fuel is not commercially available in the county. The bill would authorize an airport operator or aviation retail establishment to make a written request to the board of supervisors of a county to make the above determination, as provided. Because these provisions would be a part of the State Aeronautics Act, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 05/16/2024 text) Status: 06/03/2024 - Referred to Coms. on TRANS. and L. GOV. SB 1361 (Blakespear) California Environmental Quality Act: exemption: local agencies: contract for providing services for people experiencing homelessness. (Amended 04/08/2024) Link The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the June 11, 2024 Item #2 Page 30 of 89 environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA exempts for its requirements, among other things, actions taken by the Department of Housing and Community Development, the California Housing Finance Agency, or a local agency not acting as the lead agency to provide financial assistance or insurance for the development and construction of residential housing for persons and families of low or moderate income, as provided. This bill would additionally exempt from CEQA’s requirements actions taken by a local agency to approve a contract for providing services for people experiencing homelessness, as provided. This bill contains other existing laws. (Based on 04/08/2024 text) Status: 05/13/2024 - Referred to Coms. on NAT. RES. and H. & C.D. Calendar: 06/10/24 A-NATURAL RESOURCES 2:30 p.m. - State Capitol, Room 447 BRYAN, ISAAC, Chair Governmental Operations AB 1725 (McCarty) Law enforcement settlements and judgments: reporting. (Amended 01/03/2024) Link Existing law requires each law enforcement agency to monthly furnish specified information to the Department of Justice regarding the use of force by a peace officer. This bill would require municipalities, as defined, to annually post on their internet websites specified information relating to settlements and judgments of $50,000 or more resulting from allegations of improper police conduct, including, among other information, amounts paid, broken down by individual settlement and judgment, information on bonds used to finance use of force settlement and judgment payments, and premiums paid for insurance against settlements or judgments resulting from allegations of improper police conduct. The bill would also require municipalities to annually post additional information pertaining to settlements and judgments, as specified, irrespective of the amount paid. By increasing requirements for local governments, this bill would impose a state-mandated local program. The bill would make legislative findings and declarations. (Based on 01/03/2024 text) Status: 06/04/2024 - From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (June 4). AB 2257 (Wilson) Local government: property-related water and sewer fees and assessments: remedies. (Amended 04/23/2024) Link The California Constitution specifies various requirements with respect to the levying of assessments and property-related fees and charges by a local agency, including notice, hearing, and protest procedures, depending on the character of the assessment, fee, or charge. Existing law, known as the Proposition 218 Omnibus Implementation Act, prescribes specific procedures and parameters for local jurisdictions to comply with these requirements. This bill would prohibit, if a local agency complies with specified procedures, a person or entity from bringing a judicial action or proceeding alleging noncompliance with the constitutional provisions for any new, increased, or extended fee or assessment, as defined, unless that person or entity has timely submitted to the local agency a written objection to that fee or assessment that specifies the grounds for alleging noncompliance, as specified. This bill would provide that local agency responses to the timely submitted written objections shall go to the weight of the evidence supporting the agency’s compliance with the substantive limitations on fees June 11, 2024 Item #2 Page 31 of 89 and assessments imposed by the constitutional provisions. The bill would also prohibit an independent cause of action as to the adequacy of the local agency’s responses. This bill would, if the local agency complies with the specified procedures, provide that in any judicial action or proceeding to review, invalidate, challenge, set aside, rescind, void, or annul the fee or assessment for failure to comply with the procedural and substantive requirements of specified constitutional provisions in the fee or assessment setting process, the court’s review is limited to a record of proceedings containing specified documents, except as otherwise provided. The bill would provide that this limitation does not preclude any civil action related to a local agency’s failure to implement a fee or assessment in compliance with the manner adopted by the local agency. The bill would make related findings and declarations. This bill contains other related provisions and other existing laws. (Based on 04/23/2024 text) Status: 05/29/2024 - Referred to Coms. on JUD. and L. GOV. Position: Pending Support Notes: 3/28/24: EN marked as pending support. 5/21/24: EN tagged as support. 5/28/24: EN sent the City a draft letter for review. AB 2421 (Low) Employer-employee relations: confidential communications. (Introduced 02/13/2024) Link Existing law that governs the labor relations of public employees and employers, including the Meyers- Milias-Brown Act, the Ralph C. Dills Act, provisions relating to public schools, provisions relating to higher education, and provisions relating to the the San Francisco Bay Area Rapid Transit District, prohibits employers from taking certain actions relating to employee organization, including imposing or threatening to impose reprisals on employees, discriminating or threatening to discriminate against employees, or otherwise interfering with, restraining, or coercing employees because of their exercise of their guaranteed rights. Those provisions of existing law further prohibit denying to employee organizations the rights guaranteed to them by existing law. This bill would also prohibit a local public agency employer, a state employer, a public school employer, a higher education employer, or the district from questioning any employee or employee representative regarding communications made in confidence between an employee and an employee representative in connection with representation relating to any matter within the scope of the recognized employee organization’s representation. (Based on 02/13/2024 text) Status: 05/23/2024 - In Senate. Read first time. To Com. on RLS. for assignment. AB 2455 (Gabriel) Whistleblower protection: state and local government procedures. (Amended 06/03/2024) Link Existing law authorizes a city, county, or city and county auditor or controller to maintain a whistleblower hotline to receive calls from persons who have information regarding fraud, waste, or abuse by local government employees, as specified. Existing law authorizes the county auditor to refer calls received on the whistleblower hotline to the appropriate government authority for review and possible investigation. During the initial review of a call, existing law requires the auditor, controller, or other appropriate governmental agency to hold in confidence information disclosed through the whistleblower hotline, as specified. Upon receiving specific information that an employee or local government has engaged in an improper activity, as defined, existing law authorizes a city or county June 11, 2024 Item #2 Page 32 of 89 auditor to conduct an investigative audit of the matter, as specified. This bill would expand the above- described duties and authorizations to the auditor’s or controller’s designee, as specified. The bill would recast information regarding fraud, waste, or abuse by local government employees as improper governmental activity, as defined, and expand its scope to include activity by a local agency, employee, or contractor or subcontractor. This bill contains other related provisions and other existing laws. (Based on 06/03/2024 text) Status: 06/03/2024 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD. Calendar: 06/11/24 S-JUDICIARY 1:30 p.m. - 1021 O Street, Room 2100 UMBERG, THOMAS, Chair AB 2557 (Ortega) Local agencies: contracts for special services and temporary help: performance reports. (Amended 05/16/2024) Link Current law relating to the government of counties authorizes a county board of supervisors to contract for certain types of special services on behalf of the county, any county officer or department, or any district or court in the county. Existing law requires those special services contracts to be with persons who are specially trained, experienced, expert, and competent to perform those services. This bill would require each person who enters into a specified contract for special services with the board of supervisors to submit semiannual performance reports, as prescribed, every 180 days, to the board of supervisors and the exclusive representative of the employee organization. The bill would require the board or its representative to monitor semiannual performance reports to evaluate the quality of services. The bill would require contract terms exceeding 2 years to undergo a performance audit, as prescribed, by an independent auditor approved by the board to determine whether the performance standards are being met. (Based on 05/16/2024 text) Status: 05/29/2024 - Referred to Coms. on L. GOV. and L., P.E. & R. Calendar: 06/11/24 S-LOCAL GOVERNMENT 9 a.m. - State Capitol, Room 113 DURAZO, MARIA ELENA, Chair AB 2561 (McKinnor) Local public employees: vacant positions. (Amended 03/11/2024) Link Existing law, 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. The act prohibits a public agency from, among other things, imposing or threatening to impose reprisals on employees, discriminating or threatening to discriminate against employees, or otherwise interfering with specified employee rights guaranteed by the act. This bill would require each public agency with bargaining unit vacancy rates exceeding 10% for more than 90 days within the past 180 days to meet and confer with a representative of the recognized employee organization to produce, publish, and implement a plan consisting of specified components to fill all vacant positions within the subsequent 180 days. The bill would require the public agency to present this plan during a public hearing to the governing legislative body and to publish the plan on its internet website for public review for at least one year. By imposing new duties on local public agencies, the bill would impose a state-mandated local program. The bill would also include findings that changes proposed by this bill address a matter of statewide concern. (Based on 03/11/2024 text) June 11, 2024 Item #2 Page 33 of 89 Status: 05/23/2024 - In Senate. Read first time. To Com. on RLS. for assignment. Position: Pending Oppose Notes: 5/21/24: EN tagged as oppose. 5/28/24: EN sent the City a draft letter for review. AB 2939 (Rendon) Parks: counties and cities: interpretive services. (Introduced 02/15/2024) Link Existing law authorizes the Department of Parks and Recreation, as a means of furthering its mission to expand access to state parks and outdoor recreation to all, and contingent upon the availability of its resources, to enter into community access agreements, as defined, with eligible entities, as defined, to provide interpretive services and visitor services, as defined, at units of the state parks system to underserved park users, as defined. This bill would require that use of local parks, as defined, by eligible entities, as defined, to provide interpretative services, as defined, to 30 or fewer participating park visitors at a time be considered an allowable public use of the local park, and would require cities, counties, and cities and counties to treat this use of the local park in the same manner as general public use of the local park, provided that no benefit is conferred by cities, counties, or cities and counties on eligible entities that is not conferred on the general public. To the extent that this bill would impose new duties on cities, counties, and cities and counties, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 02/15/2024 text) Status: 05/29/2024 - Referred to Coms. on L. GOV. and N.R. & W. Calendar: 06/11/24 S-LOCAL GOVERNMENT 9 a.m. - State Capitol, Room 113 DURAZO, MARIA ELENA, Chair SB 689 (Blakespear) Local coastal program: bicycle lane: amendment. (Amended 06/03/2024) Link The California Coastal Act of 1976 requires any person wishing to perform or undertake any development in the coastal zone, as defined, 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, as provided. The act requires the issuance of a coastal development permit if the proposed development is in conformity with the certified local coastal program. The act provides for the certification of local coastal programs by the California Coastal Commission. This bill would provide that an application by a local government to convert an existing motorized vehicle travel lane into a dedicated bicycle lane, dedicated transit lane, or a pedestrian walkway shall not require a traffic study for the processing of either a coastal development permit or an amendment to a local coastal program. The bill would require, if a proposal to convert an existing motorized vehicle travel lane into a dedicated bicycle lane, dedicated transit lane, or a pedestrian walkway within the developed portion of an existing road right-of-way requires an amendment to a local coastal program, that the amendment be processed in accordance with the procedures applicable to de minimus local coastal program amendments if the executive director of the commission makes specified determinations. (Based on 06/03/2024 text) Status: 06/03/2024 - From committee with author's amendments. Read second time and amended. Re- referred to Com. on NAT. RES. Position: Support June 11, 2024 Item #2 Page 34 of 89 Calendar: 06/10/24 A-NATURAL RESOURCES 2:30 p.m. - State Capitol, Room 447 BRYAN, ISAAC, Chair Notes: 6/7/23: EN tagged as pending support -- Jason said in an email they are supporting it. No letter as of yet because it's a two year bill. 1/5/24: Jason said in an email that we should verbally support in committees the week of the 8th and that he would get back to us about a letter. 1/9/24: SG testified in support in Senate Natural Resources. 1/9/24: EN testified in support in Senate Transportation. 1/22/24: EN followed up with Jason about the support letter. 1/29/24: EN followed up with Jason about the support letter. 1/29/24: Bill is on the Senate Floor. EN received finalized letter, tagged as support, submitted to Senate, and emailed delegation. 5/22/24: EN submitted letter to Asm Natural Resources and emailed delegation and governor's office. 6/5/24: EN resubmitted letter to Assembly Natural Resources, emailed delegation and governor's office, and sent letter to the City. SB 1050 (Bradford) California American Freedmen Affairs Agency: racially motivated eminent domain. (Amended 05/16/2024) Link Existing law establishes, until January 1, 2030, the Racial Equity Commission within the Office of Planning and Research and requires the commission to develop resources, best practices, and tools for advancing racial equity by, among other things, developing a statewide Racial Equity Framework that includes methodologies and tools that can be employed to advance racial equity and address structural racism in California. This bill would require the Office of Legal Affairs, which would be established within the California American Freedmen Affairs Agency as provided by SB 1403 of the 2023–24 Regular Session, to, upon appropriation by the Legislature, review, investigate, and make certain determinations regarding applications from persons who claim they are the rightful owner, as defined, of property taken as a result of racially motivated eminent domain. The bill would define “racially motivated eminent domain” to mean when the state, county, city, city and county, district, or other political subdivision of the state acquires private property for public use and does not distribute just compensation to the owner at the time of the taking, and the taking, or the failure to provide just compensation, was due, in whole or in part, to the owner’s ethnicity or race. Upon a determination that providing property or just compensation is warranted, as provided, the bill would require the Office of Legal Affairs to certify that the rightful owner is entitled to specified property or compensation from the Fund for Reparations and Reparative Justice, which would be established as provided by SB 1331 of the 2023–24 Regular Session. Upon a determination that an applicant is not a rightful owner or issuing property or just compensation is not warranted, the bill would require the Office of Legal Affairs to notify the applicant of its finding and provide an appeal process, as specified. The bill would make every finding, decision, determination, or other official act of the California American Freedmen Affairs Agency subject to judicial review. This bill contains other related provisions and other existing laws. (Based on 05/16/2024 text) Status: 06/03/2024 - Referred to Com. on JUD. Calendar: 06/11/24 A-JUDICIARY 9 a.m. - State Capitol, Room 437 KALRA, ASH, Chair SB 1090 (Durazo) Unemployment insurance: disability and paid family leave: claim administration. (Amended 05/16/2024) Link Existing unemployment compensation disability law requires workers to pay contribution rates based on, among other things, wages received in employment and benefit disbursement, for payment into the Unemployment Compensation Disability Fund, for purposes of compensating in part for the wage loss sustained by any individual who is unable to work due to the employee’s own sickness or injury, among June 11, 2024 Item #2 Page 35 of 89 other reasons. Existing law sets forth standards for eligibility to receive unemployment compensation disability benefits. Existing law requires, for purposes of unemployment compensation disability benefits, the Employment Development Department to issue the initial payment for unemployment compensation disability benefits to a monetarily eligible claimant who is otherwise determined eligible by the department within 14 days of receipt of the claimant’s properly completed first disability claim. Existing law provides for purposes of the paid family leave program that eligible workers shall receive benefits generally in accordance with unemployment and disability compensation law. This bill would instead require, for purposes of unemployment compensation disability benefits, the issuance of the initial payment for those benefits within 14 days of receipt of the claimant’s properly completed first disability claim or as soon as eligibility begins, whichever is later. The bill would apply the same initial payment issuance schedule applicable to unemployment compensation disability benefits to the paid family leave program and repeal the requirement that eligible workers receive benefits generally in accordance with unemployment and disability compensation law. The bill would make these changes operative when the next scheduled improvement of the Employment Development Department’s integrated claims management system is implemented. This bill contains other related provisions and other existing laws. (Based on 05/16/2024 text) Status: 06/03/2024 - Referred to Com. on INS. SB 1116 (Portantino) Unemployment insurance: trade disputes: eligibility for benefits. (Introduced 02/13/2024) Link Existing law provides for the payment of unemployment compensation benefits and extended benefits to eligible individuals who meet specified requirements. Under existing law, unemployment benefits are paid from the Unemployment Fund, which is continuously appropriated for these purposes. Existing law makes an employee ineligible for benefits if the employee left work because of a trade dispute and specifies that the employee remains ineligible for the duration of the trade dispute. Existing case law holds that employees who left work due to a lockout by the employer, even if it was in anticipation of a trade dispute, are eligible for benefits. This bill would restore eligibility after the first 2 weeks for an employee who left work because of a trade dispute. The bill would codify specified case law that holds that employees who left work due to a lockout by the employer, even if it was in anticipation of a trade dispute, are eligible for benefits. The bill would specify that the bill’s provisions do not diminish eligibility for benefits of individuals deprived of work due to an employer lockout or similar action, as specified. This bill contains other related provisions and other existing laws. (Based on 02/13/2024 text) Status: 06/03/2024 - Referred to Com. on INS. Position: Pending Oppose Notes: 5/21/24: EN tagged as oppose. 5/28/24: EN sent the City a draft letter for review. SB 1441 (Allen) Examination of petitions: time limitations and reimbursement of costs. (Amended 04/04/2024) Link Existing law, the California Public Records Act, requires state and local agencies to make their records available for public inspection, except as provided. Existing law generally includes in the meaning of “public records” any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or June 11, 2024 Item #2 Page 36 of 89 characteristics. Under existing law, certain election petitions are not public records and are not open to inspection except by certain persons. Specifically, existing law authorizes, among other persons, the proponents of a petition found to be insufficient or their designated representative to examine the petition no later than 21 days after certification of the insufficiency. This bill would require the examination to conclude no later than 60 days after it commenced. The bill would also require the proponent to reimburse all costs incurred by the county elections official due to the examination within 30 days after the examination concludes. The bill would, before an examination is conducted and at the beginning of each day following, require the proponent of a petition who requests to examine a petition and a memorandum to deposit with the elections official a sum required by the elections official to cover the cost of the examination for that day. The bill would authorize the return of any money deposited in excess of the cost of the examination and provide that money not required to be refunded be deposited in the appropriate public treasury. This bill contains other related provisions and other existing laws. (Based on 04/04/2024 text) Status: 06/03/2024 - Referred to Coms. on JUD. and ELECTIONS. Calendar: 06/11/24 A-JUDICIARY 9 a.m. - State Capitol, Room 437 KALRA, ASH, Chair Health and Human Services SB 363 (Eggman) Facilities for inpatient and residential mental health and substance use disorder: database. (Amended 05/18/2023) Link Existing law generally requires the State Department of Public Health to license, inspect, and regulate health facilities, defined to include, among other types of health facilities, an acute psychiatric hospital. Existing law generally requires the State Department of Social Services to license, inspect, and regulate various types of care facilities, including, among others, a community crisis home. Existing law requires the State Department of Health Care Services to license and regulate facilities that provide residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services. This bill would require, by January 1, 2026, 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 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 capacity 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. This bill contains other related provisions. (Based on 05/18/2023 text) Status: 09/01/2023 - September 1 hearing: Held in committee and under submission. Position: Support June 11, 2024 Item #2 Page 37 of 89 Notes: 3/14/23 SG: Subcommittee approved support position 3/22/23 SG: Testified in support in Senate Health Committee 4/7/23 AB: Submitted letter of support to the Judiciary Committee and the Author. 4/7/23: EN emailed letter to delegation. 4/11/23 SG: Testified in support in Senate Judiciary Committee 4/24/23 SG: Testified in support in Senate Approps 6/6/23: EN submitted to Asm Health and emailed City, delegation, and governor's office. 6/13/23: AS testified in Asm Health. Homelessness AB 2338 (Jones-Sawyer) Statewide Homelessness Coordinator. (Amended 03/04/2024) Link Existing law establishes various programs to address homelessness, including requiring the Governor to create an Interagency Council on Homelessness. Existing law requires the council to, among other things, identify mainstream resources, benefits, and services that can be accessed to prevent and end homelessness in California and promote systems integration to increase efficiency and effectiveness to address the needs of people experiencing homelessness. This bill 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. This bill would require the coordinator to perform prescribed duties, including, among others, identifying 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, overseeing homelessness programs, services, data, and policies between federal, state, and local agencies, coordinating the timing of release of funds and applications for funding for housing and housing-based services impacting Californians experiencing homelessness, and, in collaboration with local leaders, providing annual recommendations to the Legislature and the Governor, as specified. This bill contains other related provisions. (Based on 03/04/2024 text) Status: 06/04/2024 - In committee: Set, first hearing. Failed passage. Reconsideration granted. Housing and Land Use AB 1176 (Zbur) General plans: Local Electrification Planning Act. (Amended 05/29/2024) Link Existing law, the Planning and Zoning Law, requires a city or county to adopt a comprehensive general plan for the city’s or county’s physical development that includes various elements, including, among others, a land use element that designates the proposed general distribution and general location and extent of the uses of the land in specified categories, and a circulation element that identifies the location and extent of existing and proposed major thoroughfares, transportation routes, terminals, any military airports and ports, and other local public utilities and facilities, as specified. This bill, the Local Electrification Planning Act, would require a city, county, or city and county to prepare and adopt a specified plan, or otherwise integrate a plan into the general plan, that, among other things, identifies opportunities to expand electric vehicle charging to meet the needs of the city’s, county’s, or city and county’s current and future visitors, residents, and businesses, and includes policies and implementation measures that address the needs of disadvantaged communities, low-income households, and small businesses for investments in zero-emission technologies that directly benefit these groups, as specified. The bill would require a city, county, or city and county to adopt a specified plan, or otherwise integrate the plan into the general plan, on or after January 1, 2026, but no later than January 1, 2029. The bill would deem a plan adopted pursuant to these provisions as a regional plan for specified purposes. The bill would require that the above-described provisions only apply to a city, county, or city and county with a population greater than 75,000 residents. This bill contains other related provisions and other existing laws. (Based on 05/29/2024 text) June 11, 2024 Item #2 Page 38 of 89 Status: 05/29/2024 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L. GOV. Calendar: 06/05/24 S-LOCAL GOVERNMENT 9:30 a.m. - 1021 O Street, Room 2200 DURAZO, MARIA ELENA, Chair AB 1657 (Wicks) The Affordable Housing Bond Act of 2024. (Amended 03/04/2024) 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 downpayment 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 $10,000,000,000 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, including, among others, the Multifamily Housing Program, the CalHome Program, and the Joe Serna, Jr. Farmworker Housing Grant Program. This bill would provide for submission of the bond act to the voters at the March 5, 2024, statewide general election in accordance with specified law. This bill contains other related provisions. (Based on 03/04/2024 text) Status: 03/04/2024 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. AB 1820 (Schiavo) Housing development projects: applications: fees and exactions. (Amended 04/29/2024) Link Existing law requires a city or county to deem an applicant for a housing development project to have submitted a preliminary application upon providing specified information about the proposed project to the city or county from which approval for the project is being sought. Existing law requires a housing development project be subject only to the ordinances, policies, and standards adopted and in effect when the preliminary application was submitted. This bill would authorize a development proponent that submits a preliminary application for a housing development project to request a preliminary fee and exaction estimate, as defined, and would require the local agency to provide the estimate within 30 business days of the submission of the preliminary application. For development fees imposed by an agency other than a city or county, the bill would require the development proponent to request the fee schedule from the agency that imposes the fee. The bill would specify that the preliminary fee and exaction estimate is for informational purposes only and does not affect the scope, amount, or time of payment of any fee or exaction, as specified. This bill contains other related provisions and other existing laws. (Based on 04/29/2024 text) Status: 05/29/2024 - Referred to Coms. on L. GOV. and HOUSING. Calendar: 06/11/24 S-LOCAL GOVERNMENT 9 a.m. - State Capitol, Room 113 DURAZO, MARIA ELENA, Chair June 11, 2024 Item #2 Page 39 of 89 AB 1886 (Alvarez) Housing Element Law: substantial compliance: Housing Accountability Act. (Amended 04/15/2024) 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. Existing law, commonly referred to as the Housing Element Law, prescribes requirements for a city’s or county’s preparation of, and compliance with, its housing element, and requires the Department of Housing and Community Development to review and determine whether the housing element substantially complies with the Housing Element Law, as specified. If the department finds that a draft housing element or amendment does not substantially comply with the Housing Element Law, existing law requires the legislative body of the city or county to either (A) change the draft element or amendment to substantially comply with the Housing Element Law or (B) adopt the draft housing element or amendment without changes and make specified findings as to why the draft element or amendment substantially complies with the Housing Element Law despite the findings of the department. Existing law requires a planning agency to promptly submit an adopted housing element or amendment to the department and requires the department to review the adopted housing element or amendment and report its findings to the planning agency within 60 days. This bill would require a planning agency that makes the above- described findings as to why a draft housing element or amendment substantially complies with the Housing Element Law despite the findings of the department to submit those findings to the department. The bill would require the department to review those finding in its review of an adopted housing element or amendment. The bill would create a rebuttable presumption of validity for the department’s findings as to whether the adopted element or amendment substantially complies with the Housing Element Law. Because the bill would require planning agencies to submit specified findings to the department with an adopted housing element or amendment, the bill would impose a state- mandated local program. This bill would provide that a housing element or amendment is considered substantially compliant with the Housing Element Law when the local agency has adopted a housing element or amendment and the department or a court of competent jurisdiction determines the adopted housing element or amendment to be in substantial compliance with the Housing Element Law. The bill would specify that a determination of substantial compliance continues until the department or a court of competent jurisdiction determines otherwise or the end of the applicable housing element cycle. The bill would provide that these provisions are declaratory of existing law. This bill contains other related provisions and other existing laws. (Based on 04/15/2024 text) Status: 05/29/2024 - Referred to Com. on HOUSING. Position: Pending Oppose Notes: 5/21/24: EN tagged as oppose. 5/28/24: EN sent the City a draft letter for review. AB 1889 (Friedman) Conservation element: wildlife and habitat connectivity. (Amended 06/04/2024) Link Existing law, the Planning and Zoning Law, requires the legislative body of a city or county to adopt a comprehensive general plan that includes various elements, including land use, housing, and conservation elements, as specified. Existing law requires the conservation element to consider the effect of development within the jurisdiction on natural resources located on public lands. This bill would additionally require the conservation element to consider the effect of development within the jurisdiction on the movement of wildlife and habitat connectivity. The bill would require the June 11, 2024 Item #2 Page 40 of 89 conservation element, upon the next update of one or more elements on or after January 1, 2028, to, among other things, identify and analyze connectivity areas, permeability, and natural landscape areas within the jurisdiction, identify and analyze existing or planned wildlife passage features, and consider the impacts of development and the barriers caused by development to wildlife and habitat connectivity. The bill would authorize a city, county, or city and county to incorporate by reference into its general plan an existing plan that meets these requirements. The bill would authorize a city, county, or city and county preparing to update its conservation element to consider incorporating appropriate standards, policies, and implementation programs, consult with specified entities, and consider relevant best available science. The bill would authorize a city, county, or city and county to consult with other appropriate entities and include the above-described required information in a separate component or section of the general plan entitled a wildlife connectivity element. The bill would include related legislative findings and declarations. By adding to the duties of county and city officials in the administration of their land use planning duties, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 06/04/2024 text) Status: 06/04/2024 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L. GOV. Calendar: 06/11/24 S-LOCAL GOVERNMENT 9 a.m. - State Capitol, Room 113 DURAZO, MARIA ELENA, Chair AB 1893 (Wicks) Housing Accountability Act: housing disapprovals: required local findings. (Amended 04/30/2024) 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. Existing law, commonly referred to as the Housing Element Law, prescribes requirements for a city’s or county’s preparation of, and compliance with, its housing element, and requires the Department of Housing and Community Development to review and determine whether the housing element substantially complies with the Housing Element Law, as specified. Existing law, the Housing Accountability Act, among other things, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, a housing development project for very low, low-, or moderate-income households unless the local agency makes written findings as to one of certain sets of conditions, as specified. Existing law defines “housing for very low, low-, or moderate-income households” for purposes of the Housing Accountability Act to mean at least 20% of the total units shall be sold or rented to lower income households or 100% of the units are sold or rented to persons and families of moderate income. This bill would revise that definition to mean at least 10% of the units are dedicated to very low income households, 100% of the units are dedicated to lower income households at an affordable rent consistent with rent limits established by the California Tax Credit Allocation Committee, 100% of the units are sold or rented to persons and families of moderate income, or the housing development consists of 10 units or fewer that is on a project site that is smaller than one acre with a minimum density of 10 units per acre. This bill contains other related provisions and other existing laws. (Based on 04/30/2024 text) Status: 05/29/2024 - Referred to Coms. on HOUSING and L. GOV. AB 2023 (Quirk-Silva) Housing element: inventory of land: rebuttable presumptions. (Amended 03/21/2024) Link June 11, 2024 Item #2 Page 41 of 89 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. Existing law, commonly referred to as the Housing Element Law, prescribes requirements for a city’s or county’s preparation of, and compliance with, its housing element, and requires the Department of Housing and Community Development to review and determine whether the housing element substantially complies with the Housing Element Law, as specified. Existing law requires the housing element to include an inventory of land suitable and available for residential development. If that 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 3 years after the date the housing element is adopted or within one year if the local government fails to adopt a housing element that the department finds to be in substantial compliance with the Housing Element Law within 120 days of the statutory deadline to adopt the housing element. This bill, for the 7th and each subsequent revision of the housing element, would require a local government to complete the rezoning of sites within one year of the statutory deadline for the adoption of the housing element or the earlier of 3 years after the date the housing element is adopted or 90 days after receipt of comments from the department, as specified, if the local government satisfies certain requirements, including submitting a draft element or draft amendment to the department for review within specified timeframes and adopting a draft element or draft amendment that the department finds to be insubstantial compliance with the Housing Element Law, as specified. This bill contains other related provisions and other existing laws. (Based on 03/21/2024 text) Status: 05/29/2024 - Referred to Coms. on HOUSING and JUD. AB 2085 (Bauer-Kahan) Planning and zoning: permitted use: community clinic. (Amended 04/09/2024) Link The Planning and Zoning Law, among other things, authorizes a development proponent to submit an application for a housing development that is subject to a specified streamlined, ministerial approval process not subject to a conditional use permit, if the development satisfies certain objective planning standards. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA does not apply to the approval of ministerial projects. This bill would make a development that meets specified objective planning standards, including that, among other things, it is on a parcel that is within a zone where office, retail, health care, or parking are a principally permitted use, a permitted use and would require a local agency to review an application for that development on an administrative, nondiscretionary basis. The bill would require a local agency, within 60 calendar days of receiving an application pursuant to these provisions, to approve or deny the application subject to specified requirements, including that, among other things, if the local agency determines that the development is in conflict with any of the above-described standards, the local agency is required to provide the development proponent written documentation of which standard or standards the development conflicts with, as specified. This bill contains other related provisions and other existing laws. (Based on 04/09/2024 text) Status: 05/29/2024 - Referred to Coms. on L. GOV. and E.Q. June 11, 2024 Item #2 Page 42 of 89 Calendar: 06/05/24 S-LOCAL GOVERNMENT 9:30 a.m. - 1021 O Street, Room 2200 DURAZO, MARIA ELENA, Chair AB 2199 (Berman) California Environmental Quality Act: exemption: residential or mixed-use housing projects. (Amended 04/18/2024) Link The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. Existing law, until January 1, 2025, exempts from CEQA residential or mixed-use housing projects, as defined, located in unincorporated areas of a county meeting certain requirements, except for residential or mixed-use housing projects if certain conditions exist, as specified. Existing law requires a lead agency, if the lead agency determines that a residential or mixed-use housing project qualifies for this exemption from CEQA and determines to approve or carry out the project, to file a notice of exemption with the Office of Planning and Research and the county clerk in the county in which the project is located. This bill would extend the operation of that exemption until January 1, 2035. By also extending the requirement on a lead agency to determine the applicability of the exemption and to file a notice of exemption with the office and the county clerk, this bill would impose a state-mandated local program. The bill would also make this exemption inapplicable to a residential or mixed-use housing project that may cause substantial adverse impact to tribal cultural resources, as defined. This bill contains other related provisions and other existing laws. (Based on 04/18/2024 text) Status: 05/22/2024 - Referred to Coms. on E.Q. and HOUSING. Calendar: 06/05/24 S-ENVIRONMENTAL QUALITY 9:30 a.m. - 1021 O Street, Room 1200 GONZALEZ, LENA, Chair 06/06/24 #12 S-SECOND READING AB 2243 (Wicks) Affordable Housing and High Road Jobs Act of 2022: objective standards and affordability and site criteria. (Amended 06/04/2024) Link Existing law, the Affordable Housing and High Road Jobs Act of 2022, until January 1, 2033, authorizes a development proponent to submit an application for an affordable housing development or a mixed- income housing development that meets specified objective standards and affordability and site criteria, including being located within a zone where office, retail, or parking are a principally permitted use. The act makes a development that meets those objective standards and affordability and site criteria a use by right and subject to one of 2 streamlined, ministerial review processes depending on, among other things, the affordability requirements applicable to the project. This bill would make various changes to the objective standards and affordability and site criteria applicable to an affordable housing development or mixed-income housing development subject to the streamlined, ministerial review process under the act. Among other changes to those objective standards, the bill would prohibit an affordable housing development subject to the act from demolishing a historic structure that was placed on a national, state, or local historic register. This bill contains other related provisions and other existing laws. (Based on 06/04/2024 text) Status: 06/04/2024 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HOUSING. June 11, 2024 Item #2 Page 43 of 89 AB 2387 (Pellerin) Mobilehome parks: additional lots: exemption from additional fees or charges. (Amended 05/16/2024) Link Existing law, the Mobilehome Parks Act (act), generally regulates various classifications of mobilehome and related vehicle parks, and imposes enforcement duties on the Department of Housing and Community Development and local enforcement agencies. The act authorizes any person to file an application with the governing body of a city or county for a conditional use permit for a mobilehome park. The act requires a person, before operating a mobilehome park, and each year thereafter, to obtain a valid permit from the enforcement agency in order to operate the park. The act also requires the owner of a mobilehome park to obtain a permit to create, move, shift, or alter park lot lines. This bill would, subject to specified exceptions, authorize an owner of an existing mobilehome park that is subject to, or intends to qualify for, a valid permit to operate the park, to apply to the enforcement agency to add additional specified lots to the mobilehome park not to exceed 10% of the previously approved number of lots in the mobilehome park, if the owner has not had their permit to operate suspended. The bill would require the owner to apply to the enforcement agency for, and obtain from the enforcement agency, all required permits pursuant to the act before adding additional lots. The bill would exempt the additional lots from any business tax, local registration fee, use permit fee, or other fee, except those fees that apply to the existing lots in the park, and would prohibit the owner from reducing the size of, or interfering with, certain existing facilities without first complying with specified requirements for creating, moving, shifting, or altering lot lines. The bill would provide that the additional lots are considered new construction, as defined, except as provided, and specify how certain laws adopted by a city, county, or city and county that establish a maximum rent apply to additional lots. This bill contains other related provisions and other existing laws. (Based on 05/16/2024 text) Status: 05/23/2024 - In Senate. Read first time. To Com. on RLS. for assignment. AB 2430 (Alvarez) Planning and zoning: density bonuses: monitoring fees. (Amended 04/18/2024) Link Existing law, commonly referred to as the Density Bonus Law, requires a city, county, or city and county to provide a developer that proposes a housing development within the city or county with a density bonus, waivers or reductions of development standards and parking ratios, and other incentives or concessions, as specified, if the developer agrees to construct certain types of housing, including a housing development in which 100% of the units are for lower income households, except that up to 20% of the units in the development may be for moderate-income households, as specified. This bill would prohibit a city, county, or city and county from charging a monitoring fee, as defined, on those types of housing developments if certain conditions are met, except as specified. The bill would provide that, beginning on January 1, 2025, any housing development that is currently placed in service, is subject to monitoring fees, and meets those conditions shall no longer be subject to those fees. By imposing new duties on local governments, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 04/18/2024 text) Status: 05/29/2024 - Referred to Coms. on HOUSING and L. GOV. AB 2433 (Quirk-Silva) California Private Permitting Review and Inspection Act: fees: building permits. (Amended 05/20/2024) Link June 11, 2024 Item #2 Page 44 of 89 Existing law, the State Housing Law, establishes statewide construction and occupancy standards for buildings used for human habitation. Existing law authorizes the governing body of a county or city to prescribe fees for permits, certificates, or other forms or documents required or authorized under the State Housing Law, and fees to defray the cost of enforcement required by the law to be carried out by local enforcement agencies. This bill, the California Private Permitting Review and Inspection Act, would require a building department of the county or city to prepare a schedule of the above-described fees and post the schedule on the county or city’s internet website if the city or county prescribes the fees. This bill contains other related provisions and other existing laws. (Based on 05/20/2024 text) Status: 06/03/2024 - In committee: Hearing postponed by committee. AB 2485 (Carrillo, Juan) Regional housing need: determination. (Amended 03/19/2024) Link The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, which includes, among other mandatory elements, a housing element. That law requires, for the 4th and subsequent revisions of the housing element, the Department of Housing and Community Development (department) to determine the existing and projected need for housing for each region, as specified. That law requires the department, in consultation with the council of governments, to determine the existing and projected need of housing for each region in a specified manner. That law requires the department’s determination to be based upon population projections produced by the Department of Finance, as specified. That law also requires the department to meet and consult with the council of governments regarding the assumptions and methodologies to be used to determine each region’s housing need and requires the council of governments to provide data assumptions from the council of governments’ projections, as specified. That law authorizes the department to accept or reject the information provided by the council of governments and, after consultation with each council of governments, to make determinations on the council of governments’ data assumptions and the methodology the department will use to determine each region’s housing need. That law requires the department to provide its determinations to each council of governments, as specified. This bill would require the department to publish on its internet website the data sources, analyses, and methodology, as specified, prior to finalization of the regional determination. The bill would also require the department, for the 7th and subsequent revisions of the housing element, to assemble and convene an advisory panel that includes, among others, an expert on the data assumptions by each council of governments to advise the department on the assumptions and methodology it will use to determine each region housing need. The bill would also require the department to consult with the advisory panel before making determinations on the council of governments’ data assumptions and methodology it will use to determine each region’s housing need for the 7th and subsequent revisions of the housing element. The bill would also additionally require the department to publish its determination on its internet website. (Based on 03/19/2024 text) Status: 05/23/2024 - In Senate. Read first time. To Com. on RLS. for assignment. AB 2553 (Friedman) Housing development: major transit stops: vehicular traffic impact fees. (Amended 04/15/2024) Link Existing law, the California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or June 11, 2024 Item #2 Page 45 of 89 to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA exempts from its requirements residential projects on infill sites and transit priority projects that meet certain requirements, including a requirement that the projects are located within 1/2 mile of a major transit stop. CEQA defines “major transit stop” to include, among other locations, the intersection of 2 or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. This bill would revise the definition of “major transit stop” to increase the frequency of service interval to 20 minutes. This bill contains other related provisions and other existing laws. (Based on 04/15/2024 text) Status: 05/15/2024 - Referred to Coms. on L. GOV. and HOUSING. Calendar: 06/11/24 S-LOCAL GOVERNMENT 9 a.m. - State Capitol, Room 113 DURAZO, MARIA ELENA, Chair AB 2560 (Alvarez) Density Bonus Law: California Coastal Act of 1976. (Amended 04/24/2024) Link Existing law, referred to as the Density Bonus Law, requires a city or county to provide a developer that proposes a housing development within the city or county with a density bonus and other incentives or concessions, as specified, if the developer agrees to construct specified percentages of units for lower income households or very low income households, and meets other requirements. Existing law, the California Coastal Act of 1976 (act), regulates development, as defined, in the coastal zone, as defined, and requires a new development to comply with specified requirements. The Density Bonus Law provides that its provisions do not supersede or in any way alter or lessen the effect or application of the act, and requires that any density bonus, concessions, incentives, waivers or reductions of development standards, and parking ratios to which an applicant is entitled under the Density Bonus Law be permitted in a manner consistent with the act. This bill would provide that any density bonus, concessions, incentives, waivers or reductions of development standards, and parking ratios to which an applicant is entitled under the Density Bonus Law be permitted notwithstanding the act if the development is not located on any of specified sites. (Based on 04/24/2024 text) Status: 05/21/2024 - In Senate. Read first time. To Com. on RLS. for assignment. AB 2574 (Valencia) Alcoholism or drug abuse recovery or treatment programs and facilities: disclosures. (Amended 04/25/2024) Link Existing law grants the sole authority in state government to the State Department of Health Care Services to certify alcohol or other drug programs and to license adult alcoholism or drug abuse recovery or treatment facilities. Existing law requires certified programs and licensed facilities to disclose specified information to the department, including ownership or a financial interest in a recovery residence, as defined, and contractual relationships with entities that provide recovery services to clients of certified programs or licensed facilities if the entity is not a part of a certified program or a licensed facility. This bill would require an organization that operates, conducts, owns, or maintains a certified program or a licensed facility to disclose to the department whether the licensee, or a general partner, director, or officer of the licensee owns or has a financial interest in a recovery residence and whether it has contractual relationships with entities that provide recovery services to clients of June 11, 2024 Item #2 Page 46 of 89 certified programs or licensed facilities if the entity is not a part of a certified program or a licensed facility. (Based on 04/25/2024 text) Status: 05/29/2024 - Referred to Com. on HEALTH. Calendar: 06/12/24 S-HEALTH 1:30 p.m. - 1021 O Street, Room 1200 ROTH, RICHARD, Chair Notes: CalCities sponsored AB 2583 (Berman) School zones and walk zones. (Amended 05/16/2024) Link Current law, the Planning and Zoning Law, requires the legislative body of a city or county to adopt a comprehensive general plan that includes various elements, including a circulation element to plan for transportation routes.This bill would require, upon any substantive revision of the circulation element on or after January 1, 2025, the legislative body of a city or county, to identify and establish school walk zones for all schools located within the scope of the general plan. The bill would define a “school walk zone” to mean all roadways and sidewalks within 1,000 feet in all directions of the boundary line of a school grounds. By placing new duties on county and city officials with respect to their land use planning, the bill would impose a state-mandated local program. (Based on 05/16/2024 text) Status: 05/29/2024 - Referred to Coms. on TRANS. and L. GOV. Calendar: 06/11/24 S-TRANSPORTATION 1:30 p.m. - 1021 O Street, Room 1200 CORTESE, DAVE, Chair AB 2632 (Wilson) Planning and zoning: thrift retail stores. (Amended 04/22/2024) Link (1)Existing law, the Planning and Zoning Law, among other things, requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city and of any land outside its boundaries that relates to its planning. Existing law authorizes the legislative body, if it deems it to be in the public interest, to amend all or part of an adopted general plan, as provided. Existing law also authorizes the legislative body of any county or city, pursuant to specified procedures, to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, open space, and other purposes.This bill would prohibit a local agency, as defined, from treating a thrift retail store, as defined, differently from a nonthrift retail store engaged in the sale of new items that are similar to items sold by a thrift retail store for purposes of zoning, development standards, or permitting, except as specified. The bill would allow a local agency to require that thrift retail stores meet certain aesthetic or design standards, as prescribed. The bill would prohibit a local agency from prohibiting a thrift retail store from receiving used and donated items for sale in the store or other thrift retail stores, or reuse or recycling, or both reuse and recycling, through other means. This bill contains other related provisions and other existing laws. (Based on 04/22/2024 text) Status: 05/29/2024 - Referred to Com. on L. GOV. AB 2667 (Santiago) Affirmatively furthering fair housing: housing element: reporting. (Amended 04/09/2024) Link June 11, 2024 Item #2 Page 47 of 89 Existing law requires a public agency to administer its programs and activities relating to housing and community development in a manner to affirmatively further fair housing, and take no action that is materially inconsistent with its obligation to affirmatively further fair housing. Existing law defines “affirmatively furthering fair housing” as taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws. Existing law requires a housing element to include a program that sets forth a schedule of actions during the planning period, each with a timeline for implementation such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through, among other things, the administration of land use and development controls and the provision of regulatory concessions and incentives. Existing law requires this program to affirmatively further fair housing and consist of specified components, including a summary of fair housing issues in the jurisdiction and an assessment of the jurisdiction’s fair housing enforcement and fair housing outreach capacity. This bill would require the Department of Housing and Community Development to develop a standardized reporting format for programs and actions taken with regards to the local agency affirmatively further fair housing that enables the reporting of the assessment components described-above, as specified. The bill would require local governments to utilize the standardized reporting format for the 7th and each subsequent revision of the housing element. This bill contains other related provisions and other existing laws. (Based on 04/09/2024 text) Status: 05/24/2024 - In Senate. Read first time. To Com. on RLS. for assignment. AB 2675 (Low) Planning and zoning: regional housing needs: exchange of allocation. (Amended 05/06/2024) Link The Planning and Zoning Law requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city that includes, among other specified mandatory elements, a housing element. That law, for the 4th and subsequent revisions of the housing element, requires the Department of Housing and Community Development to determine the existing and projected need for housing for each region. That law further requires the appropriate council of governments, or, for cities and counties without a council of governments, the department, to adopt a final regional housing plan that allocates a share of the regional housing need to each city, county, or city and county in accordance with certain requirements. This bill would authorize a city or county, by agreement, to transfer all or a portion of its allocation of regional housing need to another city or county. The bill would allow the transferring city to pay the transferee city or county an amount determined by that agreement, as well as a surcharge to offset the impacts and associated costs of the additional housing on the transferee city. The bill would also require the transferring city or county and the transferee city or county to report to the council of governments and the department specified information about the transfer, as provided. (Based on 05/06/2024 text) Status: 05/07/2024 - Re-referred to Com. on RLS. AB 2684 (Bryan) Safety element: extreme heat. (Amended 04/15/2024) Link The Planning and Zoning Law requires the legislative body of a city or county to adopt a comprehensive, long-term general plan that includes various elements, including, among others, a safety element for the June 11, 2024 Item #2 Page 48 of 89 protection of the community from unreasonable risks associated with the effects of various geologic and seismic hazards, flooding, and wildland and urban fires. This bill would require a city or county, upon the next update of one or more of the elements included in the general plan on or after January 1, 2028, to review and update its safety element as necessary to address the hazard of extreme heat, as specified. The bill would authorize a city or county that has adopted an extreme heat action plan or other document that fulfills commensurate goals and objectives to use that information in the safety element, as specified, and, upon doing so, would require the city or county to summarize and incorporate into the safety element the other plan or document. The bill would also authorize a city or county to use or reference information in the Extreme Heat Action Plan and the State Hazard Mitigation Plan, as described, to comply with the above-described updating requirement. This bill contains other related provisions and other existing laws. (Based on 04/15/2024 text) Status: 05/29/2024 - Referred to Com. on L. GOV. Position: Support Calendar: 06/05/24 S-LOCAL GOVERNMENT 9:30 a.m. - 1021 O Street, Room 2200 DURAZO, MARIA ELENA, Chair 06/06/24 #9 S-SECOND READING Notes: 4/3/24: S. Gonsalves requested priority tag. 4/9/24: EN tagged as pending support. 4/16/24: EN sent a draft letter to the City. 5/20/24: EN sent an updated letter to the City for review. 5/20/24: EN received final letter, tagged as support, submitted to portal, and emailed delegation. 5/29/24: EN submitted letter to Senate Local Government, emailed delegation and governor's office, and sent letter to the City. 6/5/24: AS me too'd in support in Senate Local Government. AB 2728 (Gabriel) Planning and zoning: housing development: independent institutions of higher education and religious institutions. (Amended 04/15/2024) Link The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan that includes, among other mandatory elements, a housing element. That law requires the city’s or county’s planning agency, after the legislative body has adopted a general plan, to submit an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development. Existing law, the Affordable Housing on Faith and Higher Education Lands Act of 2023 (the act), requires a housing development project on certain lands owned by an independent institution of higher education or a religious institution to be a use by right if the development project satisfies specified criteria, including that a specified percentage of the development project’s total units are for lower income households. This bill would require a local government to include in the annual report specified information relating to housing development projects under the act, including the number of applications submitted and the total number of building permits issued under the act. The bill would require the Department of Housing and Community Development, by July 1, 2025, to develop and publish a list of existing state grants and financial incentives in connection with the planning, construction, and operation of very low, low-, and moderate-income housing on land owned by religious institutions and independent institutions of higher education, and a set of model partnership agreements that can be used by those institutions when they partner with an affordable housing builder. This bill contains other related provisions and other existing laws. (Based on 04/15/2024 text) June 11, 2024 Item #2 Page 49 of 89 Status: 05/23/2024 - In Senate. Read first time. To Com. on RLS. for assignment. AB 2729 (Patterson, Joe) Residential fees and charges. (Amended 04/25/2024) Link Existing law prohibits a local agency that imposes fees or charges on a residential development for the construction of public improvements or facilities from requiring the payment of those fees or charges until the date of the final inspection or the date the certificate of occupancy is issued, whichever occurs first. However, under existing law, a local agency is authorized to collect utility service fees at the time an application for utility service is received, and a local agency is authorized to require payment sooner if the local agency determines that the fees or charges will be collected for public improvements or facilities for which an account has been established and funds appropriated and for which the local agency has adopted a proposed construction schedule or plan prior to final inspection or issuance of the certificate of occupancy, or if the fees or charges are to reimburse the local agency for expenditures previously made. This bill would limit the utility service fees authorized to be collected at the time an application for utility service is received to utility service fees related to capacity charge connections. The bill would delete the above-described authorization for a local agency to require payment of fees or charges prior to the date of final inspection or issuance of the certificate of occupancy, whichever occurs first, and would instead authorize a local agency to require payment of fees or charges at earlier times if any of certain circumstances are satisfied, including authorizing the local agency to require the payment of those fees and charges at the time the local agency issues a permit if the local agency determines, and provides supporting documentation to the applicant establishing, that construction for the public improvement or facility for which the fee or charge is required has commenced or will commence within 24 months of the issuance of the permit, as specified. (Based on 04/25/2024 text) Status: 05/29/2024 - Referred to Coms. on L. GOV. and HOUSING. Position: Pending Oppose Calendar: 06/11/24 S-LOCAL GOVERNMENT 9 a.m. - State Capitol, Room 113 DURAZO, MARIA ELENA, Chair Notes: 5/21/24: EN tagged as oppose. 5/28/24: EN sent the City a draft letter for review. AB 2904 (Quirk-Silva) Zoning ordinances: notice. (Amended 05/30/2024) Link Existing law requires the planning commission to hold a public hearing on any zoning ordinance or an amendment to a zoning ordinance that changes any property from one zone to another. Existing law, if the proposed ordinance or amendment to a zoning ordinance affects the permitted uses of real property, requires notice of the hearing to be, among other things, mailed or delivered at least 10 days prior to the hearing to the owner of the subject real property, as specified. This bill would instead require notice of the planning commission’s hearing on a proposed zoning ordinance or amendment to a zoning ordinance, if the proposed ordinance or amendment to a zoning ordinance affects the permitted uses of real property, to be published, posted, mailed, and delivered, or advertised, as applicable, at least 20 days before the hearing. This bill contains other related provisions and other existing laws. (Based on 05/30/2024 text) Status: 05/30/2024 - Read second time and amended. Re-referred to Com. on APPR. June 11, 2024 Item #2 Page 50 of 89 Calendar: 06/10/24 S-APPROPRIATIONS 11 a.m. - 1021 O Street, Room 2200 CABALLERO, ANNA, Chair AB 2909 (Santiago) Historical property contracts: qualified historical property: adaptive reuse. (Amended 04/18/2024) Link Existing law authorizes an owner of any qualified historical property to contract with the legislative body of a city, county, or city and county to restrict the use of the property, as specified, in exchange for lowered assessment values. Existing law defines “qualified historical property” as privately owned property that is not exempt from property taxation and is either listed in the National Register of Historic Places or located in a registered historic district, as defined, or listed in any state, city, county, or city and county official register of historical or architecturally significant sites, places, or landmarks. Existing law establishes the Infill Infrastructure Grant Program of 2019, which requires the Department of Housing and Community Development to establish and administer a grant program to fund capital improvement projects pursuant to specified requirements. Existing law provides that capital improvement projects that may be funded under the grant program include, among other things, those related to adapted reuse, which means, when referring to building structures, retrofitting and repurposing of existing buildings that create new residential rental units, as specified. This bill, starting January 1, 2026, and until January 1, 2036, would additionally define as “qualified historical property” a privately owned property that is not exempt from property taxation that was constructed at least 30 years prior to the year a legislative body and property owner enter into a contract to restrict the use of the property, as specified, and that is located within the City of Los Angeles on a site that satisfies certain criteria, including, among others, being in a zone where office, retail, or parking are a principally permitted use. The bill would require a contract entered into to restrict the use of that qualified historical property to require adaptive reuse of the qualified historical property, dedicate at least 3 units to live-work artist lofts, and facilitate, promote, and accommodate active transportation, as specified. The bill would also update an obsolete cross-reference. This bill contains other existing laws. (Based on 04/18/2024 text) Status: 05/29/2024 - Referred to Coms. on L. GOV. and HOUSING. AB 2967 (Ting) Teacher Housing Act of 2016: nonprofit organization employees. (Amended 04/29/2024) Link Existing law, the Teacher Housing Act of 2016, authorizes a school district to establish and maintain programs, as provided, that address the housing needs of teachers and school district employees who face challenges in securing affordable housing. The act restricts programs established under its provisions to teachers and school district employees, with certain exceptions. The act defines the term “teacher or school district employee” for these purposes to mean any person employed by a unified school district maintaining prekindergarten, transitional kindergarten, and grades 1 to 12, inclusive, an elementary school district maintaining prekindergarten, transitional kindergarten, and grades 1 to 8, inclusive, or a high school district maintaining grades 9 to 12, inclusive, including, but not limited to, certificated and classified staff. The act creates a state policy supporting housing for teachers and school district employees and permits school districts and developers in receipt of local or state funds or tax credits designated for affordable rental housing to restrict occupancy to teachers and school district employees, as specified. This bill would expand the authority provided under the act to include programs that address the housing needs of nonprofit organization employees who face challenges in securing affordable housing. The bill would define “nonprofit organization employee” for these purposes to include employees of a nonprofit organization operating early childhood, prekindergarten, June 11, 2024 Item #2 Page 51 of 89 or schoolage childcare, classrooms, or programs, or expanded learning classrooms and programs, on school district property with funding from the State Department of Education, the federal Head Start program, or other public funding targeted to children from families of low and moderate income. The bill would make conforming changes to the act in this regard. The bill, for housing made available or a contract for housing entered into on or after January 1, 2025, would require a program established under these provisions to provide teachers, school district employees, and nonprofit organization employees with a right of first refusal to occupy housing acquired, constructed, rehabilitated, or preserved under the act. The bill would require teachers or school district employees to be prioritized before nonprofit organization employees. (Based on 04/29/2024 text) Status: 06/04/2024 - From committee: Do pass. (Ayes 8. Noes 0.) (June 4). Calendar: 06/06/24 #63 S-THIRD READING AB 3012 (Grayson) Development fees: fee schedule template: fee estimate tool. (Amended 04/18/2024) Link Existing law, the Permit Streamlining Act, which is part of the Planning and Zoning Law, requires each public agency to provide a development project applicant with a list that specifies the information that will be required from any applicant for a development project. The act requires a city, county, or special district that has an internet website to make available on its internet website certain information, as applicable, including its current schedule of fees and exactions. This bill would require a city or county that has an internet website to make a fee estimate tool that the public can use to calculate an estimate of fees and exactions, as specified, for a proposed housing development project available on its internet website. The bill authorizes the city or county to choose the format of the fee estimate tool. The bill would require a city or county with a population of greater than 500,000 to meet these requirements on or before July 1, 2031. The bill would require a city or county with a population of 500,000 or less to meet these requirements on or before July 1, 2032. By requiring a city or county to include a fee estimate tool on its internet website, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 04/18/2024 text) Status: 05/29/2024 - Referred to Coms. on L. GOV. and HOUSING. Calendar: 06/11/24 S-LOCAL GOVERNMENT 9 a.m. - State Capitol, Room 113 DURAZO, MARIA ELENA, Chair AB 3057 (Wilson) California Environmental Quality Act: exemption: junior accessory dwelling units ordinances. (Amended 04/08/2024) Link The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA exempts from its requirements the adoption of an ordinance by a city or county to issue a zoning variance, special use permit, or conditional use permit for a dwelling unit to be constructed, or which is attached to or June 11, 2024 Item #2 Page 52 of 89 detached from, a primary residence on a parcel zoned for a single-family residence, as provided, or and the adoption of an ordinance to provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. This bill would expand the above CEQA exemption to include the adoption of an ordinance by a city or county to provide for the creation of junior accessory dwelling units in single-family residential zones. This bill contains other existing laws. (Based on 04/08/2024 text) Status: 05/15/2024 - Referred to Coms. on E.Q. and HOUSING. Calendar: 06/05/24 S-ENVIRONMENTAL QUALITY 9:30 a.m. - 1021 O Street, Room 1200 GONZALEZ, LENA, Chair AB 3093 (Ward) Land use: housing element: streamlined multifamily housing. (Amended 05/06/2024) Link The Planning and Zoning Law requires a city or county to adopt a general plan for land use development that includes, among other things, a housing element. That law defines various terms for purposes of requirements applicable to the housing element. Under existing law, a housing element is required to include specified information, including an analysis of special housing needs, such as those of the elderly, and quantification of the locality’s existing and projected housing needs for all income levels, including extremely low income households, calculated as provided. This bill would define acutely low, extremely low, very low, lower, moderate, and above moderate income for purposes of requirements applicable to the housing element, and would make related changes. The bill would modify the specified information required to be included in the housing element, including by removing the calculation method for extremely low income households and by specifying acutely and extremely low income households as a special housing need. (Based on 05/06/2024 text) Status: 05/29/2024 - Referred to Com. on HOUSING. AB 3122 (Kalra) Streamlined housing approvals: objective planning standards. (Introduced 02/16/2024) Link Existing law, 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 remain available at affordable housing costs or rent to persons and families of lower or moderate income, as specified. Existing law authorizes a development proponent to request a modification to a development that has been approved under the streamlined, ministerial approval process if that request is submitted to the local government before the issuance of the final building permit. Existing law authorizes a local government to apply objective planning standards adopted after the development application was first submitted to the requested modification if the development is revised such that (1) the total number of residential units or total square footage of construction changes by 15% or more or (2) the development is revised such that the total number of residential units or total square footage of construction changes by 5% or more and it is necessary to impose an objective standard beyond those in effect when the development application was submitted in order to mitigate or avoid a specific, adverse impact upon the public health or safety. June 11, 2024 Item #2 Page 53 of 89 This bill would instead authorize a local government to apply objective planning standards adopted after the development application was first submitted to the requested modification if the development is revised such that (1) the total square footage of construction increases by 15% or more or the total number of residential units decreases by 15% or more or (2) the total square footage of construction increases by 5% or more or the total number of residential units decreases by 5% or more and it is necessary to impose an objective standard beyond those in effect when the development application was submitted in order to mitigate or avoid a specific, adverse impact upon the public health or safety. By reducing the ability of a local government to impose objective planning standards adopted after the development application was first submitted when reviewing a requested modification, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 02/16/2024 text) Status: 06/04/2024 - From committee: Do pass and re-refer to Com. on L. GOV. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) (June 4). Re-referred to Com. on L. GOV. AB 3177 (Carrillo, Wendy) Mitigation Fee Act: land dedications: mitigating vehicular traffic impacts. (Amended 04/30/2024) Link Existing law, the Mitigation Fee Act, imposes various requirements with respect to the establishment, increase, or imposition of a fee by a local agency as a condition of approval of a development project. Existing law requires a local agency that imposes a fee on a housing development for the purpose of mitigating vehicular traffic impacts to set the rate for the fee to reflect a lower rate of automobile trip generation if the housing development satisfies specified characteristics, including that the housing development is located within1/2 mile of a transit station. Existing law defines transit station for these purposes to mean a rail or light-rail station, ferry terminal, bus hub, or bus transfer station. This bill would instead require the housing development to be located within 1/2 mile of a transit priority area for purposes of a local agency setting the rate for a mitigating vehicular traffic impacts fee to reflect a lower rate of automobile trip generation. The bill would define “transit priority area” as an area within 1/2 mile of a major transit stop that is existing or planned, if the planned stop is scheduled to be completed within the planning horizon included in a Transportation Improvement Program or applicable regional transportation plan. This bill contains other related provisions and other existing laws. (Based on 04/30/2024 text) Status: 05/29/2024 - Referred to Coms. on L. GOV. and HOUSING. Calendar: 06/11/24 S-LOCAL GOVERNMENT 9 a.m. - State Capitol, Room 113 DURAZO, MARIA ELENA, Chair SB 7 (Blakespear) Planning and zoning: annual report: housing for extremely low income households. (Amended 01/22/2024) Link Existing law, 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. That law requires the planning agency of a city or county to provide by April 1 of each year an annual report to, among other entities, the Department of Housing and Community Development. The law requires that the annual report include, among other specified information, the number of net new units of housing, including both rental housing and for-sale housing, that have been issued a completed entitlement, building permit, or certificate of occupancy, and the income category, by area median income, that each June 11, 2024 Item #2 Page 54 of 89 unit of housing satisfies, as specified. This bill would revise and recast these provisions to specify that the income category includes extremely low income households, as defined. By requiring cities and counties to include additional information in their annual reports, the bill would impose a state- mandated local program. (Based on 01/22/2024 text) Status: 01/29/2024 - Read third time. Passed. (Ayes 32. Noes 0.) Ordered to the Assembly. In Assembly. Read first time. Held at Desk. SB 37 (Caballero) Older Adults and Adults with Disabilities Housing Stability Act. (Amended 01/22/2024) Link Existing law establishes various programs to address homelessness, including requiring the Governor to create an Interagency Council on Homelessness and establishing the Homeless Emergency Aid program for the purpose of providing localities with one-time grant funds to address their immediate homelessness challenges, as specified. Existing law commits to the Department of Housing and Community Development the administration of various housing assistance programs, including provisions relating to residential hotel rehabilitation and tasks the department, in consultation with each council of governments, with the determination of each region’s existing and projected housing need. This bill would, upon an appropriation by the Legislature for this express purpose, require the Department of Housing and Community Development, commencing January 1, 2025, to begin developing the Older Adults and Adults with Disabilities Housing Stability Pilot Program. The bill would require the department, in administering the program, to offer competitive grants to nonprofit community-based organizations, continuums of care, public housing authorities, and area agencies on aging, as specified, to administer a housing subsidy program for older adults and adults with disabilities who are experiencing homelessness or at risk of homelessness, as defined, in up to 5 geographic regions or counties. This bill contains other related provisions. (Based on 01/22/2024 text) Status: 06/03/2024 - Referred to Coms. on H. & C.D. and AGING & L.T.C. Calendar: 06/12/24 A-HOUSING AND COMMUNITY DEVELOPMENT 9 a.m. - State Capitol, Room 437 WARD, CHRISTOPHER, Chair SB 312 (Wiener) California Environmental Quality Act: university housing development projects: exemption. (Amended 06/03/2024) Link The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. Existing law, until January 1, 2030, exempts from CEQA a university housing development project carried out by a public university on real property owned by the public university if the project meets certain requirements, including that each building within the project is certified as Leadership in Energy and Environmental Design (LEED) Platinum or better by the United States Green Building Council. Existing law requires the lead agency, if the university housing development project is exempt from CEQA under the above provision, to file the LEED certificate for buildings within the project and a notice determining June 11, 2024 Item #2 Page 55 of 89 that the construction impacts of the project have been fully mitigated with the Office of Planning and Research and the county clerk of the county in which the project is located. Existing law requires a university housing development project carried out by the University of California, in order to be exempt from CEQA under this law, to be consistent with the most recent long-range development plan EIR certified on or after January 1, 2018, as provided. This bill would extend the application of the university housing development project exemption until January 1, 2032. The bill would instead require a university housing development project carried out by the University of California, in order to be exempt from CEQA under this law, to be consistent with the land use designation in the most recent long-range development plan that has an EIR prepared for that plan, or an EIR prepared for any subsequent amendment to that plan relating to housing, that was certified not more than 25 years before the approval of the project. The bill would remove the requirement to file the LEED certificate with the county clerk of the county in which the project is located. This bill contains other related provisions and other existing laws. (Based on 06/03/2024 text) Status: 06/03/2024 - From committee with author's amendments. Read second time and amended. Re- referred to Com. on NAT. RES. Calendar: 06/10/24 A-NATURAL RESOURCES 2:30 p.m. - State Capitol, Room 447 BRYAN, ISAAC, Chair SB 834 (Portantino) Vehicles: preferential parking: residential, commercial, or other development project. (Amended 02/22/2024) 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 land use element, and a conservation element. Existing law also authorizes the legislative body of a city or a county to adopt ordinances establishing requirements for parking, and permits variances to be granted from the parking requirements of a zoning ordinance for nonresidential development if the variance will be an incentive to the development and the variance will facilitate access to the development by patrons of public transit facilities. Existing law prohibits a public agency from imposing any minimum automobile parking requirement on any residential, commercial, or other development project, as defined, that is located within 1/2 mile of public transit, as defined. Existing law, notwithstanding the above-described prohibition, authorizes a city, county, or city and county to impose or enforce minimum automobile parking requirements on a housing development project if specified conditions are met. Existing law authorizes a local authority to authorize preferential parking for designated groups to park on specified streets if the local authority determines that use of the permits will not adversely affect parking conditions for residents and merchants in the area. This bill would prohibit a local authority from issuing any permit conferring preferential parking privileges to any residents or vendors of any developments within 1/2 mile of public transit and exempt from parking minimums. The bill would require the local authority to revise the boundaries of any such preferential parking district to exclude those developments from its boundaries. The bill would make related findings and declarations, and state that it is the intent of the Legislature to discourage car use by incentivizing development near public transit. The bill finds that reducing greenhouse gases and dependence on car use is a matter of statewide concern and not a municipal affair, and this bill applies to all cities, including charter cities. By changing the duties of local planning officials, this bill would impose a state-mandated local program. (Based on 02/22/2024 text) Status: 02/29/2024 - Re-referred to Com. on RLS. pursuant to Assembly Rule 96. June 11, 2024 Item #2 Page 56 of 89 SB 937 (Wiener) Development projects: permits and other entitlements: fees and charges. (Amended 04/08/2024) Link The Planning and Zoning Law requires each county and each city to adopt a comprehensive, long-term general plan for its physical development, and the development of specified land outside its boundaries, that includes, among other mandatory elements, a housing element. Existing law, the Permit Streamlining Act, among other things, requires a public agency that is the lead agency for a development project to approve or disapprove that project within specified time periods. Existing law extended by 18 months the period for the expiration, effectuation, or utilization of a housing entitlement, as defined, that was issued before, and was in effect on, March 4, 2020, and that would expire before December 31, 2021, except as specified. Existing law provides that if the state or a local agency extended the otherwise applicable time for the expiration, effectuation, or utilization of a housing entitlement for not less than 18 months, as specified, that housing entitlement would not be extended an additional 18 months pursuant to these provisions. This bill would extend by 24 months the period for the expiration, effectuation, or utilization of a housing entitlement, entitlement for a priority residential development project, as those terms are defined, that was issued before January 1, 2024, and that will expire before December 31, 2025, except as specified. The bill would toll this 24-month extension during any time that the housing entitlement is the subject of a legal challenge. By adding to the duties of local officials with respect to housing entitlements, this 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. This bill contains other related provisions and other existing laws. (Based on 04/08/2024 text) Status: 06/03/2024 - Referred to Coms. on L. GOV. and H. & C.D. Position: Neutral Calendar: 06/12/24 A-LOCAL GOVERNMENT 1:30 p.m. - State Capitol, Room 447 CARRILLO, JUAN, Chair Notes: 3/21/24: EN tagged as pending oppose. Sharon sent draft letter to the City for review. 4/22/24: EN tagged as neutral, no letter was submitted. SB 951 (Wiener) California Coastal Act of 1976: coastal zone: coastal development. (Amended 04/03/2024) Link Existing law requires a city or county to prepare and adopt a general plan for its jurisdiction that contains certain mandatory elements, including a housing element. Existing law requires the housing element to identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, among other things. Existing law requires the housing element to contain an assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. Existing law requires rezoning, including adoption of minimum density and development standards, as specified, when an inventory of sites does not identify adequate sites to accommodate the need for groups of specified household income levels. This bill would additionally apply specified rezoning standards for any necessary local coastal program updates for jurisdictions located within the coastal zone. By imposing new duties on local governments with regard to the administration of housing elements, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 04/03/2024 text) June 11, 2024 Item #2 Page 57 of 89 Status: 06/03/2024 - Referred to Coms. on NAT. RES. and H. & C.D. SB 1037 (Wiener) Planning and zoning: housing element: enforcement. (Amended 04/25/2024) Link Existing law, 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. The Planning and Zoning Law requires the Department of Housing and Community Development (HCD) to determine whether the housing element is in substantial compliance with specified provisions of that law. The Planning and Zoning Law requires HCD to notify a city, county, or city and county, and authorizes HCD to notify the office of the Attorney General, that the city, county, or city and county is in violation of state law if the local government has taken action in violation of specified provisions of law. The Planning and Zoning Law also requires, among other things, that an application for a housing development be subject to a specified streamlined, ministerial approval process if the development satisfies certain objective planning standards. This bill, in any action brought by the Attorney General, on behalf of HCD or in an independent capacity, to enforce the adoption of housing element revisions, as specified, or to enforce any state law that requires a city, county, or local agency to ministerially approve any land use decision or permitting application for a housing development project, as specified, would subject the city, county, or local agency to specified remedies, including a civil penalty of, at minimum, $10,000 per month, and not exceeding $50,000 per month, for each violation, as specified. The bill would require that the penalties set forth in its provisions only apply when local land use decisions or actions are arbitrary, capricious, entirely lacking in evidentiary support, contrary to established public policy, unlawful, or procedurally unfair. The bill would require these civil penalties, as specified, to be deposited into the Building Homes and Jobs Trust Fund for the sole purpose of supporting the development of affordable housing located in the affected jurisdiction, except as provided, and would require that expenditure of any penalty moneys deposited into the fund under these provisions be subject to appropriation by the Legislature. In the event a city, county, or local agency fails to pay civil penalties imposed by the court, the bill would authorize the court to require the Controller to intercept any available state and local funds and direct those funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay, as specified. The bill would make a related statement of legislative findings and declarations. This bill contains other related provisions. (Based on 04/25/2024 text) Status: 06/03/2024 - Referred to Coms. on H. & C.D. and JUD. Position: Pending Oppose Calendar: 06/12/24 A-HOUSING AND COMMUNITY DEVELOPMENT 9 a.m. - State Capitol, Room 437 WARD, CHRISTOPHER, Chair Notes: 5/21/24: EN tagged as oppose. 5/28/24: EN sent the City a draft letter for review. SB 1077 (Blakespear) Coastal resources: local coastal program: amendments: accessory and junior accessory dwelling units. (Amended 05/20/2024) Link Existing law, the California Coastal Act of 1976, among other things, establishes the California Coastal Commission and provides for planning and regulation of development in the coastal zone, as defined. The act requires the commission to adopt, after public hearing, procedures for the preparation, submission, approval, appeal, certification, and amendment of a local coastal program, as provided. Existing law, the Planning and Zoning Law, authorizes a local agency to provide for the creation of June 11, 2024 Item #2 Page 58 of 89 accessory dwelling units in areas zoned for residential use, as specified. Existing law also authorizes a local agency to provide for the creation of junior accessory dwelling units in single-family residential zones, as specified. Existing law authorizes the Department of Housing and Community Development to review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify certain statutory terms, references, and standards related to accessory dwelling units. This bill would require, by an unspecified date, the commission, in coordination with the department, to coordinate to develop and provide guidance for local governments to facilitate the preparation of amendments to a local coastal program to clarify and simplify the permitting process for accessory dwelling units and junior accessory dwelling units within the coastal zone. The bill would require the commission, in coordination with the department, to convene at least one public workshop to receive and consider public comments on the draft guidance before the finalization of the guidance document and to post the guidance document on the commission’s internet website, as specified. To the extent the bill would create additional duties for a local government, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 05/20/2024 text) Status: 06/03/2024 - Referred to Coms. on NAT. RES. and H. & C.D. SB 1092 (Blakespear) Coastal resources: coastal development permits: appeals: report. (Amended 05/16/2024) Link The California Coastal Act of 1976, among other things, requires anyone wishing to perform or undertake any development in the coastal zone, 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 or a local government, as provided. The act authorizes an appeal to the commission for any action taken by a local government on coastal development permit applications, as provided. The act requires the commission to hear the appeal and establishes specified appeal procedures, as provided. This bill would require the commission, on or before December 31, 2025, to provide a report to the Legislature that provides information regarding appeals of local government coastal development permits to the commission, including, among other things, the percentage of local government coastal development permit actions that were appealed to the commission. (Based on 05/16/2024 text) Status: 06/03/2024 - Referred to Coms. on NAT. RES. and L. GOV. SB 1134 (Caballero) Surplus land. (Amended 03/18/2024) Link Existing law provides for the disposal of land owned by a local agency that is surplus and is not necessary for the agency’s use. The local agency is required to declare the land either “surplus land” or “exempt surplus land,” as prescribed. Existing law sets forth procedures for the disposal of surplus land and provides that these procedures do not apply to exempt surplus land. Existing law, for prescribed surplus land parcels developed with residential units, requires minimum percentages of residential units developed on the parcel to be sold or rented at affordable housing cost or affordable rent.This bill, with regard to surplus land, would require each parcel of land to be considered a distinct unit of surplus land, with the exception of contiguous parcels that are disposed of simultaneously to the same receiving entity or any entity working in concert with another receiving entity, which parcels the bill would require to be treated as a single unit of land. (Based on 03/18/2024 text) June 11, 2024 Item #2 Page 59 of 89 Status: 06/03/2024 - Referred to Com. on L. GOV. SB 1211 (Skinner) Land use: accessory dwelling units: ministerial approval. (Amended 04/23/2024) Link Existing law, the Planning and Zoning Law, authorizes a local agency, by ordinance, to provide for the creation of accessory dwelling units (ADUs) in areas zoned for residential use, as specified. That law prohibits, if a local agency adopts an ordinance to create ADUs in those zones, the local agency from requiring the replacement of offstreet parking spaces if a garage, carport, or covered parking structure is demolished in conjunction with the construction of, or is converted to, an ADU. This bill would also prohibit the local agency from requiring the replacement of offstreet parking spaces if an uncovered parking space is demolished in conjunction with the construction of, or is converted to, an ADU. This bill contains other related provisions and other existing laws. (Based on 04/23/2024 text) Status: 05/28/2024 - Referred to Coms. on H. & C.D. and L. GOV. Calendar: 06/12/24 A-HOUSING AND COMMUNITY DEVELOPMENT 9 a.m. - State Capitol, Room 437 WARD, CHRISTOPHER, Chair SB 1234 (Allen) Coastal resources: local land use plan: zoning ordinances and district maps: nonsubstantive modifications. (Amended 04/23/2024) Link The California Coastal Act of 1976 requires a land use plan of a proposed local coastal program to be submitted to the California Coastal Commission for certification. The act authorizes the commission to suggest modifications, which, if adopted and transmitted to the commission by the local government, shall cause the land use plan to be deemed certified upon confirmation of the executive director of the commission. The act requires a local government to submit to the commission the zoning ordinances, zoning district maps and, where necessary, other implementing actions that are required under the act. The act authorizes the commission to suggest modifications in the rejected zoning ordinances, zoning district maps, or other implementing actions, which, if adopted by the local government and transmitted to the commission, shall be deemed approved upon confirmation by the executive director of the commission. This bill would authorize the legislative body of a city or county to delegate to its planning director or equivalent position the authority to adopt nonsubstantive modifications to a land use plan, or a zoning ordinance, zoning district map, or other implementing action, if specified conditions are met. The required conditions would include that the legislative body adopt a policy via ordinance or resolution at a regular public meeting delegating the authority to a public official and that the policy include a definition of the scope of modifications that would qualify as nonsubstantive, as provided. (Based on 04/23/2024 text) Status: 05/24/2024 - In Assembly. Read first time. Held at Desk. SB 1342 (Atkins) California Environmental Quality Act: infrastructure projects: County of San Diego. (Amended 04/08/2024) Link The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency June 11, 2024 Item #2 Page 60 of 89 to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. Existing law authorizes the Governor to certify projects meeting certain requirements as infrastructure projects and provides those certified projects with certain streamlining benefits, including requiring the lead agency to prepare the record of proceedings concurrently with the environmental review process and requiring the resolution of an action or proceeding challenging the certification of an EIR for certified projects or the granting of any project approvals, to the extent feasible, within 270 days of the filing of the record of proceedings with the court, as specified. Existing law requires the lead agency, within 10 days of the certification of an infrastructure project, to provide a public notice of the certification, as provided. If a lead agency fails to approve a project certified as an infrastructure project before January 1, 2033, existing law specifies that the certification is no longer valid. This bill would include the San Vicente Energy Storage Facility project proposed by the San Diego County Water Authority and a project for the repair, rehabilitation, or replacement of the South Bay Sewage Treatment Plant in the County of San Diego, operated by the International Boundary and Water Commission, as infrastructure projects, thereby providing the above-described streamlining benefits to those 2 projects. To the extent the bill would increase the duties of a lead agency regarding projects proposed by a third party, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 04/08/2024 text) Status: 05/28/2024 - Referred to Com. on NAT. RES. SB 1395 (Becker) Shelter crisis: Low Barrier Navigation Center: use by right: building standards. (Amended 04/18/2024) Link Existing law authorizes a governing body of a political subdivision, as those terms are defined, to declare a shelter crisis if the governing body makes a specified finding. Upon declaration of a shelter crisis, existing law, among other things, suspends certain state and local laws, regulations, and ordinances to the extent that strict compliance would prevent, hinder, or delay the mitigation of the effects of the shelter crisis and allows a city, county, or city and county, in lieu of compliance, to adopt by ordinance reasonable local standards and procedures for the design, site development, and operation of homeless shelters and the structures and facilities therein. Existing law, among other things, exempts from the California Environmental Quality Act specified actions by a state agency or a city, county, or city and county to lease, convey, or encumber land owned by a city, county, or city and county, or to facilitate the lease, conveyance, or encumbrance of land owned by the local government for, or to provide financial assistance to, a homeless shelter constructed or allowed by these provisions. Existing law repeals these provisions on January 1, 2026. This bill would expand the exemption from the California Environmental Quality Act described above to include action taken by a state agency or a city, county, or city and county, to approve a contract to provide services for people experiencing homelessness to a homeless shelter constructed pursuant to, or authorized by, these provisions, as specified. This bill would extend the repeal date of these provisions to January 1, 2036. The bill would make other nonsubstantive, conforming changes. This bill contains other related provisions and other existing laws. (Based on 04/18/2024 text) Status: 06/03/2024 - Referred to Coms. on H. & C.D. and NAT. RES. Calendar: 06/12/24 A-HOUSING AND COMMUNITY DEVELOPMENT 9 a.m. - State Capitol, Room 437 WARD, CHRISTOPHER, Chair June 11, 2024 Item #2 Page 61 of 89 Open Meetings and Transparency AB 817 (Pacheco) Open meetings: teleconferencing: subsidiary body. (Amended 05/29/2024) Link Existing law, the Ralph M. Brown Act, requires, with specified exceptions, each legislative body of a local agency to provide notice of the time and place for its regular meetings and an agenda containing a brief general description of each item of business to be transacted. The act also requires that all meetings of a legislative body be open and public, and that all persons be permitted to attend unless a closed session is authorized. The act generally requires for teleconferencing that the legislative body of a local agency that elects to use teleconferencing post agendas at all teleconference locations, identify each teleconference location in the notice and agenda of the meeting or proceeding, and have each teleconference location be accessible to the public. Existing law also requires that, during the teleconference, at least a quorum of the members of the legislative body participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction. Existing law authorizes the legislative body of a local agency to use alternate teleconferencing provisions during a proclaimed state of emergency (emergency provisions) and, until January 1, 2026, 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 (nonemergency provisions). Existing law imposes different requirements for notice, agenda, and public participation, as prescribed, when a legislative body is using alternate teleconferencing provisions. The nonemergency provisions impose restrictions on remote participation by a member of the legislative body and require the legislative body to provide specific means by which the public may remotely hear and visually observe the meeting. This bill, until January 1, 2026, would authorize a subsidiary body, as defined, to use similar alternative teleconferencing provisions and would impose requirements for notice, agenda, and public participation, as prescribed. The bill would require at least one staff member of the local agency to be present at a designated primary physical meeting location during the meeting. The bill would require the local agency to post the agenda at the primary physical meeting location. The bill would require the members of the subsidiary body to visibly appear on camera during the open portion of a meeting that is publicly accessible via the internet or other online platform, as specified. The bill would also require the subsidiary body to list a member of the subsidiary body who participates in a teleconference meeting from a remote location in the minutes of the meeting. In order to use teleconferencing pursuant to this 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. This bill contains other related provisions and other existing laws. (Based on 05/29/2024 text) Status: 05/29/2024 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L. GOV. Position: Support Calendar: 06/05/24 S-LOCAL GOVERNMENT 9:30 a.m. - 1021 O Street, Room 2200 DURAZO, MARIA ELENA, Chair Notes: 4/20/23: EN tagged as support and added Carlsbad to support coalition letter and submitted to the portal. 1/2/24: EN submitted coalition letter to Assembly LG and emailed delegation. 1/5/24: EN submitted coalition letter to Assembly LG and emailed delegation. 1/10/24: AS testified in support in June 11, 2024 Item #2 Page 62 of 89 Assembly LG. 1/23/24: EN sent Assembly coalition floor alert to all Assembly offices. 1/25/24: EN sent Assembly coalition floor alert to all Assembly offices. 1/25/24: EN emailed coalition support letter to the City. 5/30/24: AS me too'd in support in Senate Local Government. 6/5/24: AS me too'd in support in Senate Local Government. AB 2095 (Maienschein) Publication: newspapers of general circulation. (Amended 05/16/2024) Link Existing law requires various types of notices to be provided in a “newspaper of general circulation,” as that term is defined, in accordance with certain prescribed publication periods and legal requirements. Existing law requires a newspaper of general circulation to meet certain criteria, including publication, a bona fide subscription list of paying subscribers, and printing and publishing at regular intervals in the state, county, or city where publication is to be given. This bill would require any public notice that is legally required to be published in a newspaper of general circulation to be published in the newspaper’s print publication, on the newspaper’s internet website or electronic newspaper available on the internet, and on a statewide internet website maintained as a repository for notices by a majority of California newspapers of general circulation, as specified. This bill contains other related provisions. (Based on 05/16/2024 text) Status: 05/29/2024 - Referred to Com. on JUD. AB 2302 (Addis) Open meetings: local agencies: teleconferences. (Introduced 02/12/2024) Link Existing law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body, as defined, of a local agency be open and public and that all persons be permitted to attend and participate. The act generally requires for teleconferencing that the legislative body of a local agency that elects to use teleconferencing post agendas at all teleconference locations, identify each teleconference location in the notice and agenda of the meeting or proceeding, and have each teleconference location be accessible to the public. Existing law also requires that, during the teleconference, at least a quorum of the members of the legislative body participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. Existing law, until January 1, 2026, authorizes the legislative body of a local agency to use alternative teleconferencing in specified circumstances if, during the teleconference meeting, at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda that is open to the public and situated within the boundaries of the territory over which the local agency exercises jurisdiction, and the legislative body complies with prescribed requirements. Existing law imposes prescribed restrictions on remote participation by a member under these alternative teleconferencing provisions, including establishing limits on the number of meetings a member may participate in solely by teleconference from a remote location, prohibiting such participation for a period of more than 3 consecutive months or 20% of the regular meetings for the local agency within a calendar year, or more than 2 meetings if the legislative body regularly meets fewer than 10 times per calendar year. This bill would revise those limits, instead prohibiting such participation for more than a specified number of meetings per year, based on how frequently the legislative body regularly meets. The bill, for the purpose of counting meetings attended by teleconference, would define a “meeting” as any number of meetings of the legislative body of a local agency that begin on the same calendar day. This bill contains other related provisions and other existing laws. (Based on 02/12/2024 text) June 11, 2024 Item #2 Page 63 of 89 Status: 05/22/2024 - Referred to Com. on L. GOV. Calendar: 06/05/24 S-LOCAL GOVERNMENT 9:30 a.m. - 1021 O Street, Room 2200 DURAZO, MARIA ELENA, Chair 06/06/24 #7 S-SECOND READING AB 2715 (Boerner) Ralph M. Brown Act: closed sessions. (Amended 04/24/2024) Link Existing law, the Ralph M. Brown Act, generally requires that all meetings of a legislative body of a local agency be open and public and that all persons be permitted to attend and participate. Existing law authorizes a legislative body to hold a closed session with specified individuals on, among other things, matters posing a threat to the security of essential public services, as specified. This bill would additionally authorize a legislative body to hold a closed session with other law enforcement or security personnel and to hold a closed session on a threat to critical infrastructure controls or critical infrastructure information, as defined, relating to cybersecurity. This bill contains other related provisions and other existing laws. (Based on 04/24/2024 text) Status: 05/29/2024 - Referred to Coms. on L. GOV. and JUD. Position: Sponsor Calendar: 06/05/24 S-LOCAL GOVERNMENT 9:30 a.m. - 1021 O Street, Room 2200 DURAZO, MARIA ELENA, Chair Notes: 2/14/24: EN tagged as sponsor. 2/26/24: SG sent a draft sponsor letter to the City for review. 3/12/24: EN received finalized letter, submitted to Assembly Local Government, and emailed author's office. 5/1/24: City Attorney Cindie McMahon gave primary testimony in support in Assembly Local Government. 5/29/24: EN submitted sponsor letter to Senate Local Government, emailed delegation and governor's office, and sent letter to City. 6/5/24: DH provided primary testimony in support in Senate Local Government. SB 537 (Becker) Open meetings: multijurisdictional, cross-county agencies: teleconferences. (Amended 09/05/2023) Link Existing law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body, as defined, of a local agency be open and public and that all persons be permitted to attend and participate. The act generally requires for teleconferencing that the legislative body of a local agency that elects to use teleconferencing post agendas at all teleconference locations, identify each teleconference location in the notice and agenda of the meeting or proceeding, and have each teleconference location be accessible to the public. Existing law also requires that, during the teleconference, at least a quorum of the members of the legislative body participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. Existing 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. These circumstances include if a member shows “just cause,” including June 11, 2024 Item #2 Page 64 of 89 for a childcare or caregiving need of a relative that requires the member to participate remotely. This bill would expand the circumstances of “just cause” to apply to the situation in which an immunocompromised child, parent, grandparent, or other specified relative requires the member to participate remotely. The bill would authorize the legislative body of a multijurisdictional, cross-county agency, as specified, to use alternate teleconferencing provisions if the eligible legislative body has adopted an authorizing resolution, as specified. The bill would also require the legislative body to provide a record of attendance of the members of the legislative body, the number of community members in attendance in the teleconference meeting, and the number of public comments on its internet website within 10 days after a teleconference meeting, as specified. The bill would require at least a quorum of members of the legislative body to participate from one or more physical locations that are open to the public and within the boundaries of the territory over which the local agency exercises jurisdiction. The bill would require a member who receives compensation for their service, as specified, on the legislative body to participate from a physical location that is open to the public. The bill would require the legislative body to identify in the agenda each member who plans to participate remotely and to include the address of the publicly accessible building from which each member will participate via teleconference. The bill would prohibit a member from participating remotely pursuant to these provisions unless the remote location is the member’s office or another location in a publicly accessible building and is more than 40 miles from the in-person location of the meeting. The bill would repeal these alternative teleconferencing provisions on January 1, 2026. This bill contains other related provisions and other existing laws. (Based on 09/05/2023 text) Status: 06/03/2024 - From inactive file. Ordered to third reading. Calendar: 06/06/24 #29 A-THIRD READING FILE - SENATE BILLS (Floor Mgr.- Hart) Notes: 9/12/23: EN tagged as pending support, City requested a request for signature letter. 9/14/23: Bill ordered to inactive file. EN removed position. Public Safety and EMS AB 667 (Maienschein) Firearms: gun violence restraining orders. (Amended 01/03/2024) Link Existing law allows a court to issue a gun violence restraining order prohibiting and enjoining a named person from having custody or control of any firearms or ammunition if the person poses a significant danger of causing personal injury to themselves or another by having custody or control of a firearm or ammunition. Existing law authorizes a court to issue a gun violence restraining order to prohibit a person from purchasing or possessing a firearm or ammunition for a period of one to 5 years, subject to renewal for additional one- to 5-year periods, if the subject of the petition poses a significant danger of self-harm or harm to another in the near future by having a firearm and the order is necessary to prevent personal injury to the subject of the petition or another. Existing law makes it a crime to own or possess a firearm in violation of a gun violence restraining order. If the court finds evidence of an extreme risk of violence, including repeated and egregious instances of specified facts, and those facts existed 12 months prior to a petition being filed, this bill would require a court to issue a gun violence restraining order for 5 years. By expanding the scope of an existing crime, this bill would impose a state- mandated local program. This bill contains other existing laws. (Based on 01/03/2024 text) Status: 06/04/2024 - In committee: Set, first hearing. Hearing canceled at the request of author. June 11, 2024 Item #2 Page 65 of 89 AB 1779 (Irwin) Theft: jurisdiction. (Amended 04/25/2024) Link Existing law defines types of theft, including petty theft, grand theft, and shoplifting. Existing law also defines the crimes of robbery and burglary. Existing law sets forth specific rules relating to the jurisdiction for the prosecution of theft by fraud, organized retail theft, and receiving stolen property, including that the jurisdiction for prosecution includes the county where an offense involving the theft or receipt of the stolen merchandise occurred, the county in which the merchandise was recovered, or the county where any act was done by the defendant in instigating, procuring, promoting, or aiding or abetting in the commission of a theft offense or other qualifying offense. Existing law jurisdictionally limits prosecution of each of the above to criminal actions brought by the Attorney General. This bill would no longer limit the jurisdictional rules for the above crimes to criminal actions brought by the Attorney General. If a case is brought by someone other than the Attorney General and multiple offenses are committed by the same defendant in multiple jurisdictions, the bill would allow a criminal action to be brought in any of those jurisdictions subject to a hearing on consolidation of the offenses, as specified. The bill would require the prosecution to present written evidence at the hearing that all district attorneys in counties with jurisdiction over the offenses agree to the venue. The bill would require charged offenses from jurisdictions where there is not a written agreement from the district attorney to be returned to that jurisdiction. (Based on 04/25/2024 text) Status: 05/29/2024 - Referred to Coms. on PUB S. and APPR. Position: Pending Support Calendar: 06/11/24 S-PUBLIC SAFETY 8:30 a.m. - 1021 O Street, Room 2200 WAHAB, AISHA, Chair Notes: 5/21/24: EN tagged as support. 5/28/24: EN sent the City a draft letter for review. AB 1794 (McCarty) Crimes: larceny. (Amended 04/11/2024) Link Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, makes the theft of money, labor, or property petty theft punishable as a misdemeanor, whenever the value of the property taken does not exceed $950. Under existing law, if the value of the property taken exceeds $950, the theft is grand theft, punishable as a misdemeanor or a felony. Proposition 47 requires shoplifting, defined as entering a commercial establishment with the intent to commit larceny if the value of the property taken does not exceed $950, to be punished as a misdemeanor. Under existing law, if the value of all property taken over the course of distinct but related acts motivated by one intention, general impulse, and plan exceeds $950, those values may be aggregated into a single charge of grand theft. This bill would clarify that those values may be aggregated even though the thefts occurred in different places or from different victims. The bill would also, declarative of existing law, provide that circumstantial evidence may be used to prove that multiple thefts were motivated by one intention, general impulse, and plan. The bill would also authorize counties to operate a program to allow retailers to submit details of alleged shoplifting, organized retail theft, or grand theft directly to the county district attorney through an online portal on the district attorney’s internet website. The bill would require counties that participate in the program to conduct an evaluation and collect specified information, and to report that information to the Assembly and Senate Public Safety Committees and the Board of State and Community Corrections, as specified. This bill contains other related provisions and other existing laws. (Based on 04/11/2024 text) June 11, 2024 Item #2 Page 66 of 89 Status: 05/29/2024 - Referred to Com. on PUB S. Calendar: 06/11/24 S-PUBLIC SAFETY 8:30 a.m. - 1021 O Street, Room 2200 WAHAB, AISHA, Chair Notes: Note: This bill is part of the Assembly’s Public Safety Retail Theft Package and an intent bill. AB 1802 (Jones-Sawyer) Crimes: organized theft. (Amended 04/01/2024) Link Existing law, until January 1, 2026, makes a person guilty of organized retail theft, punishable as a misdemeanor or a felony, as specified, if the person acts in concert with one or more persons to steal merchandise from one or more merchant’s premises or online marketplaces with the intent to sell or return the merchandise for value, acts in concert with 2 or more persons to receive, purchase, or possess merchandise knowing or believing it to have been stolen, acts as an agent of another to steal merchandise from one or more merchant’s premises or online marketplaces as part of an organized plan to commit theft, or recruits, coordinates, organizes, supervises, directs, manages, or finances another to undertake acts of theft. This bill would extend the operation of the crime of organized retail theft indefinitely. By extending the operation of an existing crime, this bill would create a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 04/01/2024 text) Status: 05/29/2024 - Referred to Com. on PUB S. Position: Support Calendar: 06/11/24 S-PUBLIC SAFETY 8:30 a.m. - 1021 O Street, Room 2200 WAHAB, AISHA, Chair Notes: 2/22/24: EN tagged as pending support. 2/26/24: SG sent a draft support letter to the City for review. 3/12/24: EN tagged as support, submitted to Asm Public Safety Committee, and emailed delegation. 4/9/24: EN testified in support in Asm PS. 6/4/24: EN submitted letter to Senate Public Safety, emailed delegation and governor's office, and sent letter to the City. AB 1843 (Rodriguez) Emergency ambulance employees. (Amended 05/16/2024) Link Under the Emergency Ambulance Employee Safety and Preparedness Act, an initiative measure enacted by the voters as Proposition 11 at the November 6, 2018, statewide general election, every emergency ambulance employee is entitled to employer-paid mental health services through an employee assistance program (EAP), and requires the EAP coverage to provide up to 10 mental health treatments per issue per calendar year. The act defines “issue” for purposes of those provisions to mean mental health conditions such as, among other things, stress, depression, or substance abuse. This bill would instead require an EAP to provide up to 20 mental health treatments per issue per calendar year, and would include post-traumatic stress disorder in the definition of “issue” for purposes of those provisions. The bill would require a treatment provider under an EAP to have a certification in providing mental health services to first responders or emergency medical services personnel, as specified. The bill would also require an EAP to schedule an appointment with a mental health treatment provider within 48 hours, upon request of an emergency ambulance employee. This bill contains other related provisions and other existing laws. (Based on 05/16/2024 text) Status: 05/24/2024 - In Senate. Read first time. To Com. on RLS. for assignment. June 11, 2024 Item #2 Page 67 of 89 AB 1960 (Soria) Sentencing enhancements: property loss. (Amended 05/16/2024) Link State law, repealed as of January 1, 2018, required a court to impose an additional term of imprisonment, as specified, on a person who takes, damages, or destroys property in the commission or attempted commission of a felony, as specified. This bill would, until January 1, 2030, create sentencing enhancements for taking, damaging, or destroying property in the commission or attempted commission of a felony, as specified. By adding new sentencing enhancements, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 05/16/2024 text) Status: 05/29/2024 - Referred to Com. on PUB S. Calendar: 06/11/24 S-PUBLIC SAFETY 8:30 a.m. - 1021 O Street, Room 2200 WAHAB, AISHA, Chair AB 1972 (Alanis) Regional property crimes task force. (Amended 04/11/2024) Link Existing law authorizes the Governor to appoint and commission individuals designated by a railroad company to serve as police officers. Existing law, until January 1, 2026, requires the Department of the California Highway Patrol to coordinate with the Department of Justice to convene a regional property crimes task force to identify geographic areas experiencing increased levels of property crimes and assist local law enforcement with resources, such as personnel and equipment. This bill would require the task force to assist railroad police and would specify cargo theft as a property crime for consideration by the regional property crimes task force. (Based on 04/11/2024 text) Status: 05/29/2024 - Referred to Com. on PUB S. Calendar: 06/11/24 S-PUBLIC SAFETY 8:30 a.m. - 1021 O Street, Room 2200 WAHAB, AISHA, Chair AB 1978 (Fong, Vince) Vehicles: speed contests. (Amended 04/15/2024) Link Existing law prohibits a person from engaging in a motor vehicle speed contest or exhibition of speed on a highway or in an offstreet parking facility. Existing law also prohibits a person from obstructing or placing a barricade or obstruction upon a highway or in an offstreet parking facility for the purpose of facilitating or aiding any motor vehicle speed contest or exhibition, as specified. This bill would authorize a peace officer to not take a person into custody for violation of obstructing or placing a barricade or obstruction upon a highway or in an offstreet parking facility for the purpose of facilitating or aiding a motor vehicle speed contest or exhibition of speed, as specified, if the peace officer causes the removal and seizure of the vehicle used to commit that offense. This bill contains other related provisions and other existing laws. (Based on 04/15/2024 text) Status: 05/29/2024 - Referred to Com. on RLS. AB 1990 (Carrillo, Wendy) Criminal procedure: arrests: shoplifting. (Amended 04/16/2024) Link Existing law prohibits shoplifting, defined as entering a commercial establishment with intent to commit theft while that establishment is open during regular business hours, where the value of the property that is taken or intended to be taken does not exceed $950. Existing law requires an act that falls within this definition to be charged as shoplifting and not as burglary or theft. Under existing law, shoplifting is June 11, 2024 Item #2 Page 68 of 89 punishable as a misdemeanor, except when the defendant has prior convictions, as specified. Existing law authorizes a peace officer to make a warrantless arrest for a misdemeanor when the officer has probable cause to believe the person to be arrested has committed the misdemeanor in the officer’s presence. Existing law also authorizes a private person to make an arrest for a misdemeanor committed in their presence, and requires the person to deliver the arrested person to a peace officer or magistrate. Existing law additionally authorizes a merchant to detain a person for a reasonable time and in a reasonable manner to determine if a person has unlawfully taken merchandise. Existing law authorizes a peace officer to make a warrantless arrest for specified misdemeanors relating to domestic violence, violation of a restraining order, and carrying a concealed firearm at an airport that did not occur in the officer’s presence. This bill would authorize a peace officer to make a warrantless arrest for a misdemeanor shoplifting offense not committed in the officer’s presence if the officer has probable cause to believe that person has committed shoplifting, as specified. This bill contains other related provisions and other existing laws. (Based on 04/16/2024 text) Status: 05/24/2024 - In Senate. Read first time. To Com. on RLS. for assignment. AB 2021 (Bauer-Kahan) Crimes: selling or furnishing tobacco or related products and paraphernalia to underage persons. (Amended 03/20/2024) Link Existing law prohibits the sale or furnishing of tobacco or tobacco products or paraphernalia, as specified, to a person who is under 21 years of age. Under existing law, a violation of this prohibition is punishable by a fine of $200 for the first offense, $500 for the 2nd offense, and $1,000 for the 3rd offense, either as a misdemeanor or by a civil action, as specified. This bill would create a separate fine of $1,000 for the first offense, $5,000 for the 2nd offense, and $10,000 for the 3rd offense for firms, corporations, businesses, retailers, or wholesalers, who violate this prohibition. (Based on 03/20/2024 text) Status: 05/28/2024 - In committee: Set, first hearing. Hearing canceled at the request of author. AB 2042 (Jackson) Police canines: standards and training. (Amended 05/16/2024) Link Existing law requires all law enforcement agencies to maintain a use of force policy, as specified, and requires the Commission on Peace Officer Standards and Training to implement courses of instruction for the training of law enforcement officers in the use of force. This bill would require the commission, on or before January 1, 2026, to develop standards and training guidelines, as specified, for the use of canines by law enforcement. The bill would authorize the commission to periodically update these guidelines. This bill contains other related provisions. (Based on 05/16/2024 text) Status: 05/24/2024 - In Senate. Read first time. To Com. on RLS. for assignment. AB 2081 (Davies) Substance abuse: recovery and treatment programs. (Amended 04/04/2024) Link Existing law grants the State Department of Health Care Services the sole authority in state government to license adult alcoholism or drug abuse recovery or treatment facilities. The department is authorized to issue a license to specified types of facilities if certain criteria are met. Existing law requires licensees to report specified events and incidents to the department, including, among others, the death of a resident at a licensed facility. Existing law authorizes the department to investigate allegations of violations of governing law and take action upon a finding of a violation, as specified. This bill would June 11, 2024 Item #2 Page 69 of 89 require an operator of a licensed alcoholism or drug abuse recovery or treatment facility or certified alcohol or other drug program to include on its internet website and intake form paperwork a disclosure that an individual may check the internet website of the State Department of Health Care Services to confirm whether the facility’s license or program’s certification has been placed in probationary status, been subject to a temporary suspension order, been revoked, or the operator has been given a notice of operation in violation of law. The bill would require the disclosure to include a link to the department’s internet website that contains the Probationary Status, Temporary Suspension Order, Revoked and Notice of Operation in Violation of Law Program List. The bill would authorize a violation of this requirement to be subject to penalty imposed by the department. (Based on 04/04/2024 text) Status: 05/29/2024 - Referred to Com. on HEALTH. Calendar: 06/12/24 S-HEALTH 1:30 p.m. - 1021 O Street, Room 1200 ROTH, RICHARD, Chair Notes: CalCities sponsored AB 2943 (Zbur) Crimes: shoplifting. (Amended 05/20/2024) Link Existing law divides theft into grand theft and petty theft. Existing law punishes petty theft as a misdemeanor while grand theft is punished as either a misdemeanor or a felony. Existing law lists specific types of theft which are grand theft and all other cases of theft as petty theft. Existing law authorizes a person to be charged with grand theft if the property taken exceeds $950 over the course of distinct but related acts. This bill would clarify that those related acts include acts committed against multiple victims or in counties other than the county of the current offense. The bill would also clarify that evidence that distinct acts are motivated by one intention, one general impulse, and one plan may include, but is not limited to, evidence that the acts involve the same defendant or defendants, are substantially similar in nature, or occur within a 90-day period. This bill contains other related provisions and other existing laws. (Based on 05/20/2024 text) Status: 05/29/2024 - Referred to Com. on PUB S. Position: Pending Support Calendar: 06/11/24 S-PUBLIC SAFETY 8:30 a.m. - 1021 O Street, Room 2200 WAHAB, AISHA, Chair Notes: 5/21/24: EN tagged as pending support. AB 3209 (Berman) Crimes: theft: retail theft restraining orders. (Amended 06/04/2024) Link Existing law prohibits the theft of merchandise from a retail establishment. Existing law authorizes a court, upon sentencing a person for specified offenses, including stalking and elder abuse, to issue a criminal protective order prohibiting the person from contacting any victim of their offense. This bill would authorize a court, when sentencing a person for an offense involving theft from a retail establishment, vandalism of a retail establishment, or battery of an employee of a retail establishment, to issue a criminal protective order prohibiting a person from entering the retail establishment, including any parking lots and including other franchise or chain locations of the retail establishment, as specified. The bill would also authorize a prosecuting attorney, city attorney, county counsel, or attorney representing a retail establishment to file a petition for the issuance of a criminal protective order of this June 11, 2024 Item #2 Page 70 of 89 type against a person who has been arrested, including, but not limited to, the issuance of a citation in lieu of a custodial arrest, 2 or more times for any of the offenses at the same retail establishment, as specified. The bill would make a violation of these orders punishable as a misdemeanor. By creating a new crime, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 06/04/2024 text) Status: 06/04/2024 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB S. Calendar: 06/11/24 S-PUBLIC SAFETY 8:30 a.m. - 1021 O Street, Room 2200 WAHAB, AISHA, Chair AB 3241 (Pacheco) Law enforcement: police canines. (Amended 05/16/2024) Link Existing law requires law enforcement agencies to maintain a policy on the use of force, as specified. The bill would require, on or before July 1, 2027, each law enforcement agency that utilizes canines to maintain a policy for the use of canines by the agency that, at a minimum, complies with the guidelines adopted by the Commission on Peace Officer Standards and Training, and would require law enforcement agencies to establish a training regimen that includes a course certified by the commission. This bill contains other related provisions and other existing laws. (Based on 05/16/2024 text) Status: 05/24/2024 - In Senate. Read first time. To Com. on RLS. for assignment. SB 21 (Umberg) Controlled substances. (Amended 05/02/2024) Link Existing law makes it a crime to possess for sale or purchase for purpose of sale, transport, or sell, various controlled substances, including, among others, fentanyl. Existing law requires the court, when granting probation after conviction of any controlled substance offense, as specified, to order as a condition of probation that the defendant secure education or treatment from a local community agency and requires the court or probation department to refer defendants to controlled substance education or treatment programs that adhere to specified standards. Existing law permits a defendant to withdraw their plea of guilty or plea of nolo contendere and enter a plea of not guilty and authorizes a court to set aside a verdict of guilty, if the defendant has met certain requirements. This bill would require a person who is convicted of, or who pleads guilty or no contest to, the above-described crimes as they relate to fentanyl to receive a written advisory of the danger of distribution of controlled substances and that, if a person dies as a result of that action, the distributor can be charged with homicide or murder. The bill would require that the fact the advisory was given be on the record and recorded on the abstract of the conviction. This bill contains other related provisions. (Based on 05/02/2024 text) Status: 05/02/2024 - Re-referred to Com. on RLS. pursuant to Assembly Rule 96. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. SB 53 (Portantino) Firearms: storage. (Amended 05/28/2024) Link Existing law generally regulates the possession of firearms, including imposing storage requirements to prevent children from gaining access to firearms. This bill would, beginning on January 1, 2026, prohibit the owner or other lawfully authorized user of a firearm from keeping or storing a firearm in a residence owned or controlled by that person unless the firearm is stored in a locked box or safe that is listed on June 11, 2024 Item #2 Page 71 of 89 the Department of Justice’s list of approved firearm safety devices and is properly engaged so that the firearm cannot be accessed by any person other than the owner, as specified. The bill would make a first violation of this offense punishable as an infraction, and a second or subsequent violation punishable as a misdemeanor. The bill would exempt firearms that are permanently inoperable from these provisions. The bill would require the Department of Justice to promptly engage in a public awareness and education campaign to inform residents about these standards for storage of firearms. The bill would additionally prohibit a person convicted under these provisions from owning, purchasing, receiving, or possessing a firearm within one year of the conviction, as specified. The bill would make a violation of this provision punishable as a misdemeanor or felony. By creating a new crime, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 05/28/2024 text) Status: 06/04/2024 - June 4 hearing postponed by committee. Calendar: 06/11/24 A-PUBLIC SAFETY 9 a.m. - State Capitol, Room 126 MCCARTY, KEVIN, Chair SB 905 (Wiener) Crimes: theft from a vehicle. (Amended 05/16/2024) Link Existing law defines the crime of burglary to include entering a vehicle when the doors are locked with the intent to commit grand or petit larceny or a felony. Existing law makes the burglary of a vehicle punishable as a misdemeanor or a felony. This bill would make forcibly entering a vehicle, as defined, with the intent to commit a theft or a felony therein a crime punishable by imprisonment in a county jail for a period not to exceed one year or imprisonment in a county jail for 16 months, or 2 or 3 years. By creating a new crime, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 05/16/2024 text) Status: 05/28/2024 - Referred to Com. on PUB. S. Position: Support Calendar: 06/11/24 A-PUBLIC SAFETY 9 a.m. - State Capitol, Room 126 MCCARTY, KEVIN, Chair Notes: 2/22/24: EN tagged as pending support. 2/26/24: SG sent a draft support letter to the City for review. 3/12/24: EN tagged as support, submitted to Senate PS, and emailed delegation. 4/2/24: EN me too'd in Senate PS. 5/29/24: EN submitted letter to Senate Local Government, emailed delegation and governor's office, and sent letter to the City. SB 982 (Wahab) Crimes: organized theft. (Amended 05/16/2024) Link Existing law, until January 1, 2026, makes a person guilty of organized retail theft, punishable as a misdemeanor or a felony, as specified, if the person acts in concert with one or more persons to steal merchandise from one or more merchant’s premises or online marketplaces with the intent to sell or return the merchandise for value, acts in concert with 2 or more persons to receive, purchase, or possess merchandise knowing or believing it to have been stolen, acts as an agent of another to steal merchandise from one or more merchant’s premises or online marketplaces as part of an organized plan to commit theft, or recruits, coordinates, organizes, supervises, directs, manages, or finances another to undertake acts of theft. This bill would extend the operation of the crime of organized retail theft indefinitely. By extending the operation of an existing crime, this bill would impose a state-mandated June 11, 2024 Item #2 Page 72 of 89 local program. This bill contains other related provisions and other existing laws. (Based on 05/16/2024 text) Status: 06/03/2024 - Referred to Com. on PUB. S. Calendar: 06/11/24 A-PUBLIC SAFETY 9 a.m. - State Capitol, Room 126 MCCARTY, KEVIN, Chair SB 1144 (Skinner) Marketplaces: online marketplaces. (Amended 05/16/2024) Link Existing law generally requires an online marketplace to require a high-volume third-party seller on the online marketplace to make certain disclosures. Existing law requires an online marketplace to suspend future sales activity of a high-volume third-party seller that is not in compliance with those information sharing requirements, as specified. Existing law imposes certain information retention and security requirements on an online marketplace and prohibits specified uses of that information. Existing law generally defines a “high-volume third-party seller,” for purposes of the above-described provisions, as a third-party seller who has entered into a certain number of consumer product sales transactions through an online marketplace for which payment is processed by the online marketplace, as specified. Existing law defines an “online marketplace,” for purposes of those provisions, as a consumer-directed, electronically accessed platform that includes features that allow for, facilitate, or enable, and are used by, a third-party seller to engage in the sale, purchase, payment, storage, shipment, or delivery of a consumer product and that has a contractual relationship with consumers governing their use of the platform to purchase consumer products. This bill would revise the types of transactions that qualify a third-party seller as a “high-volume third-party seller,” for those purposes. Specifically, the bill would remove the conditions that the transactions be made through an online marketplace and that the online marketplace process the payment and, instead, would add the condition that the transactions were made utilizing an online marketplace. The bill would also revise the definition of “online marketplace” by removing the conditions that the above-described features be used by third-party sellers, and that the platform have the above-described contractual relationship with consumers. This bill contains other related provisions and other existing laws. (Based on 05/16/2024 text) Status: 06/03/2024 - Referred to Coms. on P. & C.P. and JUD. Re-referred to Coms. on JUD. and P. & C.P. pursuant to Assembly Rule 96. Calendar: 06/11/24 A-JUDICIARY 9 a.m. - State Capitol, Room 437 KALRA, ASH, Chair SB 1242 (Min) Crimes: fires. (Amended 05/16/2024) Link Existing law prohibits unlawfully causing a fire by recklessly setting fire to, burning, or causing to be burned, any structure, forest land, or property. A violation of this prohibition is punishable as either a misdemeanor or a felony. This bill would, for the purposes of sentencing for a violation of these provisions, make it a factor in aggravation that the offense was carried out within a merchant’s premises in order to facilitate organized retail theft. By increasing the punishment for a crime, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 05/16/2024 text) Status: 06/03/2024 - Referred to Com. on PUB. S. Calendar: 06/11/24 A-PUBLIC SAFETY 9 a.m. - State Capitol, Room 126 MCCARTY, KEVIN, Chair June 11, 2024 Item #2 Page 73 of 89 SB 1381 (McGuire) Property crimes: regional property crimes task force. (Amended 03/20/2024) Link Existing law, until January 1, 2026, requires the Department of the California Highway Patrol to coordinate with the Department of Justice to convene a regional property crimes task force to identify geographic areas experiencing increased levels of property crimes, including, among other property crimes, organized retail theft and vehicle burglary, and assist local law enforcement with resources, such as personnel and equipment. This bill would include the sale of stolen goods as a property crime to be considered in the identification of geographic areas experiencing increased levels of property crimes. (Based on 03/20/2024 text) Status: 06/04/2024 - From committee: Do pass. Ordered to consent calendar. (Ayes 7. Noes 0.) (June 4). Calendar: 06/06/24 #13 A-SECOND READING FILE -- SENATE BILLS SB 1416 (Newman) Sentencing enhancements: sale, exchange, or return of stolen property. (Amended 06/04/2024) Link Existing law defines types of theft, including petty theft, grand theft, and shoplifting. Existing law also defines the crime of burglary, which consists of entering specified buildings, places, or vehicles with the intent to commit grand or petty theft or a felony. This bill would, until January 1, 2030, create sentencing enhancements for selling, exchanging, or returning for value, or attempting to sell, exchange, or return for value, any property acquired through one or more acts of shoplifting, theft, or burglary from a retail business, if the property value exceeds specified amounts. The bill would additionally make these enhancements apply to any person acting in concert with another person to violate these provisions. By adding new sentencing enhancements, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 06/04/2024 text) Status: 06/04/2024 - From committee with author's amendments. Read second time and amended. Re- referred to Com. on PUB. S. Calendar: 06/11/24 A-PUBLIC SAFETY 9 a.m. - State Capitol, Room 126 MCCARTY, KEVIN, Chair Revenue and Taxation AB 1932 (Ward) Personal income tax: mortgage interest deduction. (Amended 04/03/2024) Link The Personal Income Tax Law allows various deductions in computing the income that is subject to the taxes imposed by that law, including, in modified conformity with federal income tax laws, a deduction for a limited amount of interest paid on acquisition indebtedness, as defined, with respect to a qualified residence of the taxpayer. Existing law limits the aggregate amount treated as acquisition indebtedness for these purposes to $1,000,000, or $500,000 in the case of a married individual filing a separate return. Existing law specifies for these purposes that a qualified residence includes the taxpayer’s principal residence and one other residence selected by the taxpayer, as provided. This bill, for taxable years beginning on or after January 1, 2025, would disallow the deduction of acquisition indebtedness with respect to a qualified residence of a taxpayer other than the principal residence. This bill would require the Franchise Tax Board, in consultation with the Department of Finance, to estimate the amount of additional revenue resulting from the above-described modifications made with respect to the calculation of taxable income under the Personal Income Tax Law by this bill and to notify the June 11, 2024 Item #2 Page 74 of 89 Controller of that amount, as provided. The bill would establish the continuously appropriated Housing, Homeownership, and Homelessness Prevention Response Fund in the State Treasury, and would direct the Controller to transfer an amount from the General Fund to that fund equal to the above-described estimates. The bill would require the moneys be used for housing purposes, as specified. By establishing a continuously appropriated fund, this bill would make an appropriation. (Based on 04/03/2024 text) Status: 05/16/2024 - Joint Rule 62(a), file notice suspended. In committee: Held under submission. AB 2274 (Dixon) Taxation: sales and use taxes: exemption: school supplies tax holiday. (Amended 03/21/2024) Link Existing sales and use tax laws impose taxes on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state, and provides various exemptions from the taxes imposed by those laws. This bill, on and after January 1, 2025, and before January 1, 2030, would exempt from those taxes the gross receipts from the sale of, and the storage, use, or other consumption of, qualified school supplies, as defined, purchased during the first weekend in August, beginning at 12:01 a.m. on Saturday and ending at 11:59 p.m. on Sunday. This bill contains other related provisions and other existing laws. (Based on 03/21/2024 text) Status: 04/01/2024 - Re-referred to Com. on REV. & TAX. In committee: Set, second hearing. Hearing canceled at the request of author. AB 2616 (Lee) Personal income tax: mortgage interest deduction. (Introduced 02/14/2024) Link The Personal Income Tax Law allows various deductions in computing the income that is subject to the taxes imposed by that law, including, in modified conformity with federal income tax laws, a deduction for a limited amount of interest paid on acquisition indebtedness, as defined, with respect to a qualified residence of the taxpayer. Existing law limits the aggregate amount treated as acquisition indebtedness for these purposes to $1,000,000, or $500,000 in the case of a married individual filing a separate return. Existing law specifies for these purposes that a qualified residence includes the taxpayer’s principal residence and one other residence selected by the taxpayer, as provided. This bill, for taxable years beginning on or after January 1, 2025, would disallow the deduction of acquisition indebtedness with respect to a qualified residence of a taxpayer other than the principal residence. This bill would require the Franchise Tax Board, in consultation with the Department of Finance, to estimate the amount of additional revenue resulting from the above-described modifications made with respect to the calculation of taxable income under the Personal Income Tax Law by this bill and to notify the Controller of that amount, as provided. This bill contains other related provisions and other existing laws. (Based on 02/14/2024 text) Status: 02/15/2024 - From printer. May be heard in committee March 16. AB 2854 (Irwin) Bradley-Burns Uniform Local Sales and Use Tax Law. (Amended 04/10/2024) Link The Bradley-Burns Uniform Local Sales and Use Tax Law (Bradley-Burns) authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law. Existing law, on or after January 1, 2016, prohibits a local agency from entering into any form of agreement that would result, directly or indirectly, in the payment, transfer, diversion, or rebate of Bradley-Burns local tax revenues June 11, 2024 Item #2 Page 75 of 89 to any person, as defined, for any purpose, if the agreement results in a reduction in the amount of Bradley-Burns local tax revenues that, in the absence of the agreement, would be received by another local agency and the retailer continues to maintain a physical presence within the territorial jurisdiction of that other local agency, with specified exceptions. This bill would require a local agency, as defined, to annually provide specified information relating to each agreement resulting in the direct or indirect payment, transfer, diversion, or rebate of Bradley-Burns local tax revenues to the California Department of Tax and Fee Administration. The bill would additionally require the local agency to publish that information on its internet website. The bill would impose monetary penalties on any local agency that fails to provide information to the department or fails to publish information to its internet website. website, as prescribed. By expanding the duties of local agencies, this bill would impose a state- mandated local program. This bill contains other related provisions and other existing laws. (Based on 04/10/2024 text) Status: 05/23/2024 - In Senate. Read first time. To Com. on RLS. for assignment. AB 3005 (Wallis) Motor Vehicle Fuel Tax Law: adjustment suspension. (Introduced 02/16/2024) Link The Motor Vehicle Fuel Tax Law, administered by the California Department of Tax and Fee Administration, imposes a tax upon each gallon of motor vehicle fuel removed from a refinery or terminal rack in this state, entered into this state, or sold in this state, at a specified rate per gallon. Existing law requires the department to adjust the tax on July 1 each year by a percentage amount equal to the increase in the California Consumer Price Index, as calculated by the Department of Finance. Article XIX of the California Constitution restricts the expenditure of revenues from the Motor Vehicle Fuel Tax Law, Diesel Fuel Tax Law, and other taxes imposed by the state on fuels used in motor vehicles upon public streets and highways to street and highway and certain mass transit purposes. This bill would authorize the Governor to suspend an adjustment to the motor vehicle fuel tax, as described above, scheduled on or after July 1, 2025, upon making a determination that increasing the rate would impose an undue burden on low-income and middle-class families. The bill would require the Governor to notify the Legislature of an intent to suspend the rate adjustment on or before January 10 of that year, and would require the Department of Finance to submit to the Legislature a proposal by January 10 that would maintain the same level of funding for transportation purposes as would have been generated had the scheduled adjustment not been suspended. This bill contains other related provisions and other existing laws. (Based on 02/16/2024 text) Status: 03/11/2024 - Referred to Com. on TRANS. ACA 18 (Wallis) Road usage charges: vote and voter approval requirements. (Introduced 02/16/2024) Link The California Constitution requires any change in state statute that increases the tax liability of any taxpayer to be imposed by an act passed by 2/3 of the membership of each house of the Legislature, and prohibits specified taxes on real property from being so imposed. For these purposes, the California Constitution defines a “tax” as any state levy, charge, or exaction, except as described in certain exceptions. The California Constitution describes one of those exceptions as a charge imposed for entrance to or use of state property, or the purchase, rental, or lease of state property, except charges governed by a specified provision of the California Constitution. This measure, on or after its effective date, would provide that the exception described above does not include a road usage charge, as described, thereby requiring the imposition of this type of charge to be subject to the 2/3 vote June 11, 2024 Item #2 Page 76 of 89 requirement. This bill contains other related provisions and other existing laws. (Based on 02/16/2024 text) Status: 02/17/2024 - From printer. May be heard in committee March 18. SB 1072 (Padilla) Local government: Proposition 218: remedies. (Amended 04/24/2024) Link The California Constitution sets forth various requirements for the imposition of local taxes. The California Constitution excludes from classification as a tax assessments and property-related fees imposed in accordance with provisions of the California Constitution that establish requirements for those assessments and property-related fees. Under these requirements, an assessment is prohibited from being imposed on any parcel if it exceeds the reasonable cost of the proportional special benefit conferred on that parcel, and a fee or charge imposed on any parcel or person as an incident of property ownership is prohibited from exceeding the proportional cost of the service attributable to the parcel. Existing law, known as the Proposition 218 Omnibus Implementation Act, prescribes specific procedures and parameters for local compliance with the requirements of the California Constitution for assessments and property-related fees. This bill would require a local agency, if a court determines that a fee or charge for a property-related service, as specified, violates the above-described provisions of the California Constitution relating to fees and charges, to credit the amount of the fee or charge attributable to the violation against the amount of the revenues required to provide the property- related service, unless a refund is explicitly provided for by statute. The bill would declare that these provisions are declaratory of existing law. This bill contains other related provisions and other existing laws. (Based on 04/24/2024 text) Status: 06/03/2024 - Referred to Com. on L. GOV. SB 1164 (Newman) Property taxation: new construction exclusion: accessory dwelling units. (Amended 05/16/2024) Link The California Constitution generally limits ad valorem taxes on real property to 1% of the full cash value of that property. For purposes of this limitation, “full cash value” is defined as the assessor’s valuation of real property as shown on the 1975–76 tax bill under “full cash value” or, thereafter, the appraised value of that real property when purchased, newly constructed, or a change in ownership has occurred. This bill would exclude from classification as “newly constructed” and “new construction” the construction of an accessory dwelling unit, as defined, if construction on the unit is completed on or after January 1, 2025, and before January 1, 2030, until one of specified events occurs. The bill would require the property owner to, among other things, notify the assessor that the property owner intends to claim the exclusion for an accessory dwelling unit and submit an affidavit stating that the owner shall make a good faith effort to ensure the unit will be used as residential housing for the duration the owner receives the exclusion. The bill would require the State Board of Equalization to prescribe the manner and form for claiming the exclusion. Because this bill would require an affidavit by a property owner and a higher level of service from county assessors, it would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 05/16/2024 text) Status: 06/03/2024 - Referred to Com. on REV. & TAX. Calendar: 06/17/24 A-REVENUE AND TAXATION 2:30 p.m. - State Capitol, Room 126 IRWIN, JACQUI, Chair June 11, 2024 Item #2 Page 77 of 89 Transportation and Public Works AB 6 (Friedman) Transportation planning: regional transportation plans: reduction of greenhouse gas emissions. (Amended 05/30/2024) Link Existing law requires certain transportation planning agencies to prepare and adopt regional transportation plans directed at achieving a coordinated and balanced regional transportation system. Existing law requires that each regional transportation plan include a sustainable communities strategy prepared by each metropolitan planning organization in order to, among other things, achieve certain regional 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. Existing law requires the state board to update the regional targets every 8 years until 2050. Existing law requires a metropolitan planning organization, before adopting a sustainable communities strategy, to quantify the reduction in the emissions of greenhouse gases projected to be achieved by the sustainable communities strategy and set forth the difference, if any, between the amount of that reduction and the regional targets. This bill would require the state board to update the regional targets indefinitely, rather than only until 2050, and authorize the state board to update the years to which those targets apply, as specified. The bill would additionally require a metropolitan planning organization, before adopting amendments to a regional transportation plan that could impact a sustainable communities strategy, to quantify the reduction in the emissions of greenhouse gases projected to be achieved by those amendments and set forth the difference, if any, between the amount of that reduction and the regional targets established by the state board. This bill contains other related provisions and other existing laws. (Based on 05/30/2024 text) Status: 05/30/2024 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on TRANS. Calendar: 06/11/24 S-TRANSPORTATION 1:30 p.m. - 1021 O Street, Room 1200 CORTESE, DAVE, Chair AB 627 (Jackson) Drayage trucks: voucher incentive project. (Amended 01/22/2024) Link Existing law establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The state board, in this capacity, administers the California Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project under which the agency issues a limited number of vouchers to incentivize the purchase and use of zero-emission commercial vehicles. The Budget Act of 2023 appropriated funds from the Greenhouse Gas Reduction Fund to the state board for zero-emission drayage trucks to be administered through the project and, in expending those funds, requires the state board, before January 1, 2025, to limit the number and award amount levels under the project based on fleet size. This bill would require the state board to ensure that a voucher provided under the project for the purchase of a new, or the retrofit of a used, drayage truck is provided to an operator in an amount determined pursuant to a sliding scale established by the state board, based on the number of drayage trucks the operator owns. In administering the project, the bill would require the state board to prioritize the award of those vouchers to operators meeting certain criteria. The bill would also require the state board to ensure that these vouchers may be used to purchase a new drayage truck using, or to retrofit a used drayage truck to use, hydrogen fuel cell or battery electric technology as its source of propulsion. (Based on 01/22/2024 text) Status: 05/01/2024 - Referred to Coms. on E.Q. and TRANS. June 11, 2024 Item #2 Page 78 of 89 Calendar: 06/05/24 S-ENVIRONMENTAL QUALITY 9:30 a.m. - 1021 O Street, Room 1200 GONZALEZ, LENA, Chair AB 637 (Jackson) Zero-emission vehicles: fleet owners: rental vehicles. (Amended 09/06/2023) 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. Existing law also generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution. Existing law requires the state board to adopt and implement motor vehicle emission standards, in-use performance standards, and motor vehicle fuel specifications for the control of air contaminants and sources of air pollution the state board has found to be necessary, cost effective, and technologically feasible, to carry out specified purposes, unless preempted by federal law. This bill would, if the state board requires a fleet owner to acquire zero- emission vehicles as part of its fleet, require the state board to authorize the rental of a zero-emission vehicle or vehicles for a cumulative total of 260 days in a calendar year to be deemed ownership of one zero-emission vehicle for purposes of meeting that obligation. (Based on 09/06/2023 text) Status: 05/01/2024 - Referred to Coms. on E.Q. and TRANS. Calendar: 06/05/24 S-ENVIRONMENTAL QUALITY 9:30 a.m. - 1021 O Street, Room 1200 GONZALEZ, LENA, Chair AB 1774 (Dixon) Vehicles: electric bicycles. (Introduced 01/03/2024) Link Existing law defines an electric bicycle as a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts, and requires electric bicycles to comply with specified equipment and manufacturing requirements. Existing law prohibits a person from tampering with or modifying an electric bicycle so as to change the speed capability of the bicycle, unless they appropriately replace the label indicating the classification required, as specified. A violation of the Vehicle Code is a crime. This bill would clarify that the exception to this prohibition only applies if the bicycle continues to meet the definition of an electric bicycle. This bill would prohibit a person from selling a product or device that can modify the speed capability of an electric bicycle such that it no longer meets the definition of an electric bicycle. Because the bill would prohibit a person from selling certain products, the violation of which would be a crime, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 01/03/2024 text) Status: 05/29/2024 - From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 12. Noes 0.) (May 28). Re-referred to Com. on APPR. Calendar: 06/10/24 S-APPROPRIATIONS 11 a.m. - 1021 O Street, Room 2200 CABALLERO, ANNA, Chair AB 1890 (Patterson, Joe) Public works: prevailing wage. (Introduced 01/22/2024) Link Existing law defines the term “public works” for the purposes of requirements regarding the payment of prevailing wages, the regulation of working hours, and the securing of workers’ compensation for public works projects. Existing law requires an entity awarding a public works contract, as specified, to provide notice to the Department of Industrial Relations. Existing law requires civil penalties to be imposed on an entity that fails to provide that required notice and authorizes the Labor Commissioner to issue a June 11, 2024 Item #2 Page 79 of 89 citation for civil penalties to an entity that fails to provide the required notice. This bill would additionally require the awarding body to provide notice to the department if there is a change in the identity of a contractor or subcontractor performing the project or, within 30 days, if the total amount of the contract change exceeds $10,000. By creating new notification requirements for public agencies, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 01/22/2024 text) Status: 05/01/2024 - Referred to Com. on L., P.E. & R. Calendar: 06/05/24 S-LABOR, PUBLIC EMPLOYMENT AND RETIREMENT 1:30 p.m. - State Capitol, Room 113 SMALLWOOD-CUEVAS, LOLA, Chair AB 2037 (Papan) Weights and measures: electric vehicle chargers. (Amended 06/04/2024) Link Existing law regulates advertising that indicates the price of motor vehicle fuel, including electricity sold as a motor vehicle fuel. Existing law requires a county sealer to enforce the advertising requirements. Existing law makes a violation of these provisions a crime. Existing law defines “correct,” for purposes of testing and verifying the accuracy of a weighing or measuring device, as a weight or measure or a weighing, measuring, or counting instrument that meets certain tolerance and specification requirements. This bill would authorize a county sealer to test and verify as correct any electric vehicle charger operated by a public agency, as defined, that is located in the county in which the sealer has jurisdiction. The bill would require a county sealer, upon testing and finding that an electric vehicle charger operated by a public agency is incorrect, as defined, to cause it to be marked with the words “out of order” and require the charger to be repaired or corrected, as specified. The bill would authorize a county board of supervisors to charge an annual registration fee for the cost of inspecting and testing an electric vehicle charger operated by a public agency, as specified. The bill would authorize a county sealer to levy a civil penalty against a public agency, or a vendor or entity contracted by the public agency to provide and maintain electric vehicle charger services on behalf of the public agency, that removes or obliterates a tag or device placed on an electric vehicle charger operated by a public agency, as specified. This bill contains other related provisions and other existing laws. (Based on 06/04/2024 text) Status: 06/04/2024 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E. D. Calendar: 06/10/24 S-BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT 10 a.m. and upon adjournment of Session, if necessary - 1021 O Street, Room 2100 ASHBY, ANGELIQUE, Chair AB 2234 (Boerner) Vehicles: electric bicycles. (Amended 04/17/2024) Link Existing law defines an electric bicycle and classifies electric bicycles into 3 classes with different restrictions. Under existing law, a “class 1 electric bicycle” is a bicycle equipped with a motor that provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour. Under existing law, a “class 2 electric bicycle” is a bicycle equipped with a motor that may be used exclusively to propel the bicycle and is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour. Under existing law, a “class 3 electric bicycle” is a bicycle equipped with a speedometer and a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of June 11, 2024 Item #2 Page 80 of 89 28 miles per hour. Existing law prohibits a person under 16 years of age from operating a class 3 electric bicycle. This bill, the San Diego Electric Bicycle Safety Pilot Program, would, until January 1, 2029, authorize a local authority within the County of San Diego, or the County of San Diego in unincorporated areas, to adopt an ordinance or resolution that would prohibit a person under 12 years of age from operating a class 1 or 2 electric bicycle. The bill would make a violation of an ordinance or resolution that is adopted for this purpose an infraction punishable by either a fine of $25 or completion of an electric bicycle safety and training course, as specified. The bill would, if an ordinance or resolution is adopted, require the county to, by January 1, 2028, submit a report to the Legislature that includes, among other things, the total number of traffic stops initiated for a violation of the ordinance or resolution, the results of those traffic stops, and the actions taken by a peace officer during a traffic stop, as specified. The bill would require a local authority or county to administer a public information campaign for at least 30 calendar days prior to the enactment of the ordinance or resolution, as specified. The bill would require the local authority or county to only issue warning notices for the first 60 days after the passage of the ordinance or resolution. (Based on 04/17/2024 text) Status: 05/23/2024 - In Senate. Read first time. To Com. on RLS. for assignment. Position: Sponsor Calendar: 06/11/24 S-TRANSPORTATION 1:30 p.m. - 1021 O Street, Room 1200 CORTESE, DAVE, Chair Notes: 2/8/24: EN tagged as sponsor. 3/6/24: SG sent the City a draft letter for review. 3/12/24: EN received finalized letter, submitted to Assembly Transportation, and emailed author's office. 4/22/24: City Manager Scott Chadwick gave primary testimony in support in Assembly Transportation. 5/15/24: SG me too'd in support in Assembly Appropriations. 6/4/24: EN submitted letter to Senate Judiciary, emailed governor's office and delegation, and sent letter to City. AB 2259 (Boerner) Transportation: bicycle safety handbook. (Amended 05/16/2024) Link Existing law establishes within state government the Transportation Agency, which consists of the Department of the California Highway Patrol, the California Transportation Commission, the Department of Motor Vehicles, the Department of Transportation, the High-Speed Rail Authority, and the Board of Pilot Commissioners for the Bays of San Francisco, San Pablo, and Suisun. The agency is under the supervision of the Secretary of Transportation, who has the power of general supervision over each department within the agency. Existing law imposes various duties on the secretary, including advising the Governor on, and assisting the Governor in establishing, major policy and program matters affecting each department, office, or other unit within the agency. This bill would, upon appropriation by the Legislature, require the agency to develop and distribute, on or before September 1, 2025, a bicycle safety handbook that includes information on, among other things, existing laws regulating bicycles and e-bikes. The bill would require the agency to make a downloadable electronic version of the bicycle safety handbook available on specified internet websites. In developing the handbook, the bill would require collaboration and consultation between the agency and prescribed state entities, including, among others, the Department of Motor Vehicles and the Department of the California Highway Patrol. (Based on 05/16/2024 text) Status: 05/29/2024 - Referred to Com. on TRANS. Calendar: 06/11/24 S-TRANSPORTATION 1:30 p.m. - 1021 O Street, Room 1200 CORTESE, DAVE, Chair June 11, 2024 Item #2 Page 81 of 89 AB 2290 (Friedman) Transportation: Class III bikeways: bicycle facilities: Bikeway Quick-Build Project Pilot Program. (Amended 04/01/2024) Link Existing law establishes the Active Transportation Program in the Department of Transportation for the purpose of encouraging increased use of active modes of transportation, such as biking and walking, with specified available funds to be allocated to eligible projects by the California Transportation Commission and regional transportation agencies. Existing law requires the commission to develop guidelines and project selection criteria for the program, as provided. Existing law establishes 4 classifications of bikeways and defines a “Class III bikeway” as a bikeway that provides a right-of-way on- street or off-street, designated by signs or permanent markings and shared with pedestrians and motorists. This bill would prohibit the allocation of Active Transportation Program funds for a project that creates a Class III bikeway unless the project is on a street with a design speed limit of 20 miles per hour or less or the project will reduce the design speed limit to 20 miles per hour or less. This bill contains other related provisions and other existing laws. (Based on 04/01/2024 text) Status: 05/24/2024 - In Senate. Read first time. To Com. on RLS. for assignment. Calendar: 06/11/24 S-TRANSPORTATION 1:30 p.m. - 1021 O Street, Room 1200 CORTESE, DAVE, Chair AB 2813 (Aguiar-Curry) Government Investment Act. (Amended 04/29/2024) Link Existing law, known as the Proposition 218 Omnibus Implementation Act, defines various terms and prescribes procedures and parameters for local jurisdictions to comply with specified provisions of the California Constitution. The Legislature adopted Assembly Constitutional Amendment 1 (ACA 1) at the 2023–24 Regular Session of the Legislature, which, if approved by the voters, would amend and add provisions of the California Constitution to (1) create an additional exception to the 1% limit on the ad valorem tax rate on real property by authorizing a local jurisdiction 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, if the proposition proposing that tax is approved by 55% of the voters in that local jurisdiction; and (2) authorize a local jurisdiction to impose, extend, or increase a sales and use tax to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, or permanent supportive housing, if the proposition proposing that tax is approved by 55% of the voters in that local jurisdiction. This bill, for purposes of ACA 1, would define “affordable housing” to include rental housing, ownership housing, interim housing, and affordable housing programs such as downpayment assistance, first-time homebuyer programs, and owner-occupied affordable housing rehabilitation programs. The bill would require a local government to ensure that any project that is funded with ACA 1 bonded indebtedness or ACA 1 special taxes to have an estimated useful life of at least 15 years or 5 years if the funds are for specified public safety buildings, facilities, and equipment. This bill would specify that a parcel tax imposed pursuant to ACA 1 may include an exemption for persons who are 65 years of age or older, older whose annual income does not exceed 250% of the 2012 federal poverty guidelines, persons receiving Supplemental Security Income for a disability, or persons receiving Social Security Disability Insurance Benefits and whose yearly income does not exceed specified amounts. This bill contains other related provisions and other existing laws. (Based on 04/29/2024 text) Status: 05/22/2024 - Ordered to inactive file at the request of Assembly Member Aguiar-Curry. June 11, 2024 Item #2 Page 82 of 89 SB 768 (Caballero) California Environmental Quality Act: Transportation Agency: vehicle miles traveled: study. (Amended 05/29/2024) Link The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. Existing law requires the Office of Planning and Research to prepare, develop, and transmit to the Secretary of the Natural Resources Agency for certification and adoption proposed revisions to guidelines establishing criteria for determining the significance of transportation impacts of projects within transit priority areas to promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses. Existing law establishes the Transportation Agency in state government with various duties and responsibilities. The agency is under the supervision of the Secretary of Transportation, who has the power of general supervision over specified departments and offices, including the Department of Transportation. This bill would require the Transportation Agency, in consultation with local governments and other interested parties, as specified, by January 1, 2028, and subject to an appropriation by the Legislature for this purpose, to conduct and post on its internet website a study on how vehicle miles traveled is used as a metric for measuring transportation impacts pursuant to CEQA. The bill would require the study to include, among other things, an analysis of the differences in the availability and feasibility of mitigation measures for vehicle miles traveled in rural, suburban, and urban areas. The bill would repeal those provisions on January 1, 2029. This bill contains other existing laws. (Based on 05/29/2024 text) Status: 05/29/2024 - From committee with author's amendments. Read second time and amended. Re- referred to Com. on NAT. RES. Calendar: 06/10/24 A-NATURAL RESOURCES 2:30 p.m. - State Capitol, Room 447 BRYAN, ISAAC, Chair SB 915 (Cortese) Local government: autonomous vehicle service. (Amended 05/16/2024) Link Existing law authorizes an autonomous vehicle, as defined, to be operated on public roads for testing purposes by a driver who possesses the proper class of license for the type of vehicle being operated if certain requirements are met, including that the vehicle is being operated solely by employees, contractors, or other persons designated by the manufacturer. Existing law prohibits an autonomous vehicle from being operated on public roads until the manufacturer submits an application to the Department of Motor Vehicles containing certain certifications regarding safety and other technological requirements and the department approves that application pursuant to adopted regulations. Existing law, commencing January 1, 2030, and to the extent authorized by federal law, prohibits the operation of certain new autonomous vehicles that are not zero-emission vehicles, as defined. Existing law provides for the local regulation of certain types of transportation services, including taxicab companies. Existing law requires each city or county in which a taxicab company is substantially located to adopt an ordinance or resolution in regards to taxicab transportation service, that includes provisions for a permitting program for taxicab drivers. Under existing law, it is unlawful to operate a taxicab company without a valid permit to operate issued by each city or county in which the taxicab company is substantially located. This bill would authorize a city with a population of 250,000 or greater that an June 11, 2024 Item #2 Page 83 of 89 autonomous vehicle service, as defined, has received authorization by the Department of Motor Vehicles, the Public Utilities Commission, or any other applicable state agency to operate, to protect the public health, safety, and welfare by enacting an ordinance in regard to autonomous vehicle services within that jurisdiction. The bill would require each city that enacts an ordinance to include certain provisions within that ordinance. These would include a policy for entry into the business of providing autonomous vehicle services including a permitting program that includes, among other things, the establishment of reasonable vehicle caps and hours of service restrictions. The bill would authorize a city with a population of less than 250,000 that shares a border or is contiguous to a city that has enacted an autonomous vehicle services ordinance to enact an ordinance substantially consistent with that autonomous vehicle services ordinance. This bill contains other related provisions and other existing laws. (Based on 05/16/2024 text) Status: 06/03/2024 - Referred to Coms. on TRANS. and C. & C. Calendar: 06/17/24 A-TRANSPORTATION 2:30 p.m. - 1021 O Street, Room 1100 WILSON, LORI, Chair Notes: Cal Cities Sponsored SB 1098 (Blakespear) Passenger and freight rail: LOSSAN Rail Corridor. (Amended 05/16/2024) Link Existing law establishes the Department of Transportation in the Transportation Agency under the control of an executive officer known as the Director of Transportation. Existing law authorizes the Department of Transportation, subject to approval of the Secretary of Transportation, to enter into an interagency transfer agreement under which a joint powers board assumes responsibility for administering the state-funded intercity rail service in certain rail corridors, including the LOSSAN Rail Corridor. Existing law defines the LOSSAN Rail Corridor as the intercity passenger rail corridor between San Diego, Los Angeles, and San Luis Obispo. Pursuant to this authority, the department entered into an interagency transfer agreement with the LOSSAN Rail Corridor Agency to administer intercity passenger rail service in the LOSSAN Rail Corridor. This bill would require the Secretary of Transportation to provide guidance and recommendations to, and coordination between, stakeholders as necessary to ensure the performance of the LOSSAN Rail Corridor, as specified. This bill contains other related provisions and other existing laws. (Based on 05/16/2024 text) Status: 06/03/2024 - Referred to Com. on TRANS. Calendar: 06/17/24 A-TRANSPORTATION 2:30 p.m. - 1021 O Street, Room 1100 WILSON, LORI, Chair SB 1216 (Blakespear) Transportation projects: Class III bikeways: prohibition. (Amended 04/16/2024) Link Existing law establishes 4 classifications of bikeways and defines a “Class III bikeway” as a bikeway that provides a right-of-way on-street or off-street, designated by signs or permanent markings and shared with pedestrians and motorists. This bill would define “sharrow” as the pavement marking used to inform road users that bicyclists might occupy the travel lane. The bill would prohibit, on and after January 1, 2025, an agency responsible for the development or operation of bikeways or highways where bicycle travel is permitted from installing or restriping a Class III bikeway or a sharrow on a highway that has a posted speed limit greater than 30 miles per hour. This bill contains other related provisions and other existing laws. (Based on 04/16/2024 text) June 11, 2024 Item #2 Page 84 of 89 Status: 05/28/2024 - Referred to Com. on TRANS. SB 1271 (Min) Electric bicycles, powered mobility devices, and storage batteries. (Amended 04/24/2024) Link Existing law defines an electric bicycle as a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts, and classifies electric bicycles into 3 classes with different restrictions for various purposes, including the requirement that manufacturers and distributors of electric bicycles apply a label that is permanently affixed to each electric bicycle that contains, among other things, the classification number of the electric bicycle, as specified. Existing law defines “class 1 electric bicycle” as a bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour, and defines “class 3 electric bicycle” as a bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour, and equipped with a speedometer. This bill would clarify that an electric bicycle is a bicycle equipped with fully operable pedals and an electric motor with continuous rated mechanical power of not more than 750 watts. The bill would also clarify the definitions of “class 1 electric bicycle” and “class 3 electric bicycle” by providing that the motor on a class 1 electric bicycle is not capable of exclusively propelling the bicycle nor providing assistance to reach speeds greater than 20 miles per hours and the motor on a class 3 electric bicycle is not capable of exclusively propelling the bicycle. This bill contains other existing laws. (Based on 04/24/2024 text) Status: 06/03/2024 - Referred to Coms. on TRANS. and E.M. Calendar: 06/17/24 A-TRANSPORTATION 2:30 p.m. - 1021 O Street, Room 1100 WILSON, LORI, Chair SB 1383 (Bradford) California Advanced Services Fund: Broadband Public Housing Account. (Amended 04/09/2024) Link Existing law requires the Public Utilities Commission to establish the Broadband Public Housing Account in the California Advanced Services Fund and makes the moneys in the account available to the commission to award grants to low-income communities to finance projects to connect broadband networks that offer free broadband service that meets or exceeds state standards for residents of low- income communities. This bill would make moneys in the account available instead for grants and loans to finance projects to connect broadband networks that offer broadband service for residents of low- income communities and would revise the requirement that the broadband service be free to require certain grantees to provide residential subscribers within low-income communities with a free or low- cost broadband internet access service plan, as provided. The bill would authorize the commission to make grants to support the deployment of network devices to address barriers to consistent deployment of broadband services in a low-income community. The bill would specify that the requirement to provide a free or low-cost broadband internet access service plan does not apply to a grantee that is awarded grants for the sole purpose of deployment network devices to improve broadband services. This bill contains other related provisions and other existing laws. (Based on 04/09/2024 text) Status: 06/03/2024 - Referred to Com. on C. & C. Notes: CalCities sponsored June 11, 2024 Item #2 Page 85 of 89 Water and Wastewater AB 305 (Villapudua) California Flood Protection Bond Act of 2024. (Amended 04/25/2023) 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 $4,000,000,000 pursuant to the State General Obligation Bond Law to finance a drought, water, parks, climate, coastal protection, and outdoor access for all program. The California Constitution requires a measure authorizing general obligation bonds to specify the single object or work to be funded by the bonds and further requires the measure 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 California Flood Protection Bond Act of 2024 which, if approved by the voters, would authorize the issuance of bonds in the amount of $4,500,000,000 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. (Based on 04/25/2023 text) Status: 05/22/2024 - Re-referred to Com. on N.R. & W. AB 805 (Arambula) Sewer service: disadvantaged communities. (Amended 05/15/2024) Link Under existing law, the State Water Resources Control Board and the 9 California regional water quality control boards regulate water quality in accordance with the Porter-Cologne Water Quality Control Act and the federal Clean Water Act. Existing law authorizes a regional board to order the provision of sewer service by a receiving sewer system, as defined, to a disadvantaged community served by an inadequate onsite sewage treatment system, as defined. This bill would authorize the state board, until January 1, 2029, and after it makes specified findings by resolution or a prescribed process, to require a sewer service provider to contract with an administrator designated or approved by the state board for administrative, technical, operational, legal, or managerial services to assist a designated sewer system with the provision of adequate sewer service, as defined. The bill would also authorize the state board to order a designated sewer system to accept those services, including full management and control of all aspects of the designated sewer system, from an administrator. The bill would define “designated sewer system” for these purposes as a sewer system that serves a disadvantaged community that is either an inadequate sewer system or a sewer system that has demonstrated a failure to maintain technical, managerial, and financial capacity to prevent waste, fraud, and abuse. This bill contains other related provisions and other existing laws. (Based on 05/15/2024 text) Status: 05/15/2024 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E.Q. Calendar: 06/05/24 S-ENVIRONMENTAL QUALITY 9:30 a.m. - 1021 O Street, Room 1200 GONZALEZ, LENA, Chair 06/06/24 #11 S-SECOND READING AB 3121 (Hart) Urban retail water suppliers: written notice: conservation order: dates. (Introduced 02/16/2024) Link June 11, 2024 Item #2 Page 86 of 89 Existing law authorizes the State Water Resources Control Board, on and after January 1, 2025, to issue a written notice to an urban retail water supplier that does not meet its urban water use objective. Existing law authorizes the board, on and after January 1, 2026, to issue a conservation order to an urban retail water supplier that does not meet its urban water use objective. This bill would instead provide that the date the board is authorized to issue a written notice to January 1, 2026 and a conservation order to January 1, 2027. (Based on 02/16/2024 text) Status: 05/08/2024 - Referred to Com. on N.R. & W. Calendar: 06/11/24 S-NATURAL RESOURCES AND WATER 9 a.m. - 1021 O Street, Room 2100 MIN, DAVE, Chair ACA 2 (Alanis) Water Resiliency Act of 2024. (Amended 03/06/2024) Link The California Constitution declares that the general welfare requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable, and that the right to the use of water does not extend to the waste or unreasonable use, method of use, or method of diversion of water. This measure would require the Treasurer to annually transfer an amount equal to 1.5% of all state revenues from the General Fund to the California Water Resiliency Trust Fund, which the measure would create. The measure would continuously appropriate moneys in the fund to the California Water Commission for its actual costs of implementing these provisions and for specified water infrastructure projects. The measure would require the California State Auditor to annually conduct a programmatic review and an audit of expenditures from the California Water Resiliency Trust Fund and to report those findings, as specified. The measure would authorize a project funded pursuant to these provisions to elect to be subject to a streamlined review pursuant to the California Environmental Quality Act, as specified. The measure would provide that its provisions are severable and would require the Attorney General to defend against any action challenging the validity of the measure, except as provided. (Based on 03/06/2024 text) Status: 03/19/2024 - In committee: Set, first hearing. Hearing canceled at the request of author. SB 1110 (Ashby) Urban retail water suppliers: informational order: conservation order. (Amended 04/24/2024) Link Existing law authorizes the State Water Resources Control Board, on and after January 1, 2024, to issue informational orders pertaining to water production, water use, and water conservation to an urban retail water supplier that does not meet its urban water use objective, as provided. This bill would instead authorize the board to issue the informational orders on and after January 1, 2026. This bill contains other related provisions and other existing laws. (Based on 04/24/2024 text) Status: 05/28/2024 - Referred to Com. on W., P., & W. SB 1255 (Durazo) Public water systems: needs analysis: water rate assistance program. (Amended 06/03/2024) Link The California Safe Drinking Water Act provides for the operation of public water systems and imposes on the State Water Resources Control Board various responsibilities and duties relating to the regulation of drinking water to protect public health. Existing law establishes the Safe and Affordable Drinking June 11, 2024 Item #2 Page 87 of 89 Water Fund in the State Treasury to help water systems provide an adequate and affordable supply of safe drinking water in both the near and long terms. Existing law requires the state board to annually adopt a fund expenditure plan, as provided, and requires expenditures from the fund to be consistent with the fund expenditure plan. Existing law requires the state board to base the fund expenditure plan on data and analysis drawn from a specified drinking water needs assessment. This bill would require the state board to update a needs analysis of the state’s public water systems to include an assessment, as specified, of the funds necessary to provide a 20% bill credit for low-income households served by community water systems with fewer than 3,300 service connections and for community water systems with fewer than 3,300 service connections to meet a specified affordability threshold on or before July 1, 2026, and on or before July 1 of every 3 years thereafter. This bill contains other existing laws. (Based on 06/03/2024 text) Status: 06/03/2024 - Referred to Com. on E.S. & T.M. From committee with author's amendments. Read second time and amended. Re-referred to Com. on E.S. & T.M. SB 1330 (Archuleta) Urban retail water supplier: water use. (Amended 04/24/2024) Link Existing law requires an urban retail water supplier to calculate its urban water use objective no later than January 1, 2024, and by January 1 every year thereafter. Existing law requires each urban retail water supplier’s water use objective to be composed of the sum of specified aggregate estimates, including efficient outdoor irrigation of landscape areas with dedicated irrigation meters or equivalent technology in connection with water used by commercial water users, industrial water users, institutional water users, and large landscape water users (CII). Existing law requires an urban retail water supplier to submit reports to the Department of Water Resources, as provided, by the same dates. This bill would require the department to collect and update data for outdoor residential landscapes and CII landscapes at least once every 10 years and post the data on its internet website. The bill would authorize an urban retail water supplier to submit reports by January 1 or July 1 whether reporting is submitted on a calendar year or fiscal year basis. The bill would require, as part of the report to be submitted in 2026, each urban retail water supplier to provide a narrative that describes the water demand management measures that the supplier plans to implement to achieve its urban water use objective by January 1, 2030. This bill contains other related provisions and other existing laws. (Based on 04/24/2024 text) Status: 05/28/2024 - Referred to Com. on W., P., & W. SB 1390 (Caballero) Groundwater recharge: floodflows: diversion. (Amended 04/24/2024) Link Existing law declares that all water within the state is the property of the people of the state, but the right to the use of the water may be acquired by appropriation in the manner provided by law. Existing law requires the appropriation to be for some useful or beneficial purpose. Existing law provides, however, that the diversion of floodflows for groundwater recharge does not require an appropriative water right if certain conditions are met, including that a local or regional agency that has adopted a local plan of flood control or has considered flood risks as part of its most recently adopted general plan has given notice, as provided, of imminent risk of flooding and inundation of lands, roads, or structures. Existing law also requires the person or entity making the diversion for groundwater recharge purposes to file with the State Water Resources Control Board a final report 15 days after the diversions cease. These requirements apply to diversions commenced before January 1, 2029. This bill would extend the operation of these requirements to diversions commenced before June 1, 2032. The bill would revise, June 11, 2024 Item #2 Page 88 of 89 recast, and expand the conditions that are required to be met for the diversion of floodwaters for groundwater recharge that do not require an appropriative water right. The bill would require that a local or regional agency take specified actions, including making a declaration that diversion of floodflows for groundwater recharge from a delineated stretch of waterway within its jurisdiction is in accordance with one of certain enumerated plans relating to flood control or flood risk, as specified, or a county emergency operations plan. The bill would require diversions to cease no later than 90 days after commencing, unless they are renewed, and would authorize a local or regional agency to renew a diversion for an additional 30 days by notifying the board of its intention to continue diverting 15 days before its expiration. The bill would also require the final report to be made by an entity and contain information, if applicable, describing the forecasting models used to determine a likely imminent escape of surface water and a description of the methodology used to determine the abatement of flood conditions. The bill would require that temporary floodflow diversions be consistent with the most junior priority relative to all water rights holders in the watershed and prohibit those diversions from injuring a prior water rights holder. (Based on 04/24/2024 text) Status: 06/03/2024 - Referred to Com. on W., P., & W. June 11, 2024 Item #2 Page 89 of 89 City of Carlsbad Legislative Subcommittee Renne Public Policy Group │ www.publicpolicygroup.com Sharon Gonsalves, Director of Government Affairs, Renne Public Policy Group June 11, 2024 2024 Legislative Calendar Renne Public Policy Group │ www.publicpolicygroup.com •January 10—Governor’s Budget Proposal •January 31—House of Origin Deadline (1st Year bills) •February 16—Introduction Deadline (2nd Year Bills) •March 21-April 1—Legislative Spring Recess •Mid-May—Governor’s May Budget Revise •May 24—House of origin deadline; last day for 2nd year bills to advance to the opposite house •June 15—Legislature must pass FY 24-25 Budget •June 30—Governor must sign FY 24-25 Budget •August 31—Last day for the Legislature to pass bills •September 30—Last day for the Governor to sign or veto bills 2024-2025 State Budget Update Renne Public Policy Group │ www.publicpolicygroup.com •$45 billion budget deficit. •HHAP. Provides $1 billion to HHAP Round 6 to provide local governments continued funding to combat the homelessness crisis. •Low Income Housing Tax Credits. Approves $500 million for Low Income Housing Tax Credit program, as proposed by the Governor. Affordable Housing. Rejects proposed cuts to Multifamily Housing, Regional Early Action Planning (REAP) 2.0, and Housing Navigation and Maintenance Program. •Includes $16.9 million General Fund to implement Behavioral Health Transformation: Behavioral Health Services Act. •Greenhouse Gas Reduction Fund Shift. Protects over $5.2 billion in climate related investments by shifting the costs from the General Fund to the Greenhouse Gas Reduction Fund (GGRF). Climate Bond Update Renne Public Policy Group │ www.publicpolicygroup.com •On May 30, Politico leaked the rumored details of a climate bond, airing both the Senate and Assembly potential proposals. •The Assembly has drafts for three versions: $6 billion, $8 billion, and $10 billion. •The Senate has drafts for two: $6.8 billion and $9 billion. •The drafts show the decreased investments across the board in water, energy, outdoor and open spaces, and wildfire resiliency, but look to maintain small pots of funding for most. •A deal must be made and passed by the Legislature no later than June 27 for it to make it to the Secretary of State to be placed on the November ballot. Public Safety Update Renne Public Policy Group │ www.publicpolicygroup.com •California Drug and Theft Crime Penalties and Treatment-Mandated Felonies Initiative. •Allows felony charges for possessing certain drugs, including fentanyl, and for thefts under $950, both currently chargeable only as misdemeanors, with two prior drug or two prior theft convictions. Defendants who plead guilty to felony drug possession and complete treatment can have charges dismissed. Increases sentences for other drug and theft crimes. Currently pending signature verification. Must qualify by June 27 to be on the November ballot. •Supporters include: •California District Attorneys Association •California Police Chiefs Association •California Retailers Association •California Business Roundtable •Assembly and Senate have introduced their own public safety legislative packages. Bills of Interest Renne Public Policy Group │ www.publicpolicygroup.com Bills that the committee has or may want to position on. City Sponsored Bills Renne Public Policy Group │ www.publicpolicygroup.com AB 2234 (Boerner) Vehicles: electric bicycles Authorizes a local authority within the County of San Diego to adopt an ordinance or resolution that would prohibit a person under 12 years of age from operating a class 1 or 2 electric bicycle. If an ordinance or resolution is adopted, the bill would require the county to submit a report to the Legislature on specified outcomes. City Position: Sponsor Status: Senate Transportation, hearing set for 6/11 AB 2715 (Boerner) Ralph M. Brown Act: closed sessions Authorizes a legislative body to hold a closed session with other law enforcement or security personnel and to hold a closed session on a threat to critical infrastructure controls or critical infrastructure information relating to cybersecurity. City Position: SponsorStatus: Senate Judiciary, hearing not set Positioned Legislation: Brown Act Renne Public Policy Group │ www.publicpolicygroup.com AB 817 (Pacheco) Open meetings: teleconferencing: subsidiary body This bill would permit subsidiary bodies currently covered by the Ralph M. Brown Act to continue to meet via virtual teleconference without complying with physical location posting requirements. City Position: Support Status: Held in Senate Local Government Positioned Legislation: Transportation Renne Public Policy Group │ www.publicpolicygroup.com SB 689 (Blakespear) Local coastal program: bicycle lane: amendment This bill would provide that an application by a local government to convert an existing motorized vehicle travel lane into a dedicated bicycle lane shall not require a traffic study for the processing of either a coastal development permit or an amendment to a local coastal program. City Position: Support Status: Passed Assembly Natural Resources on 6/10 Positioned Legislation: Public Safety Renne Public Policy Group │ www.publicpolicygroup.com AB 1779 (Irwin) Theft: jurisdiction This bill would authorize prosecutors to charge related incidents of organized retail theft even if some of those offenses occurred in another or multiple other county jurisdictions. City Position: Support Status: Senate Public Safety, hearing set for 6/11 AB 1802 (Jones-Sawyer) Crimes: organized theft This bill would extend the operation of the crime of organized retail theft and the operation of the regional property crimes task force indefinitely. City Position: Support Status: Senate Public Safety, hearing set for 6/11 Positioned Legislation: Public Safety Renne Public Policy Group │ www.publicpolicygroup.com SB 905 (Wiener) Crimes: theft from a vehicle This bill would make forcibly entering a vehicle with the intent to commit a theft or a felony therein a crime. City Position: Support Status: Assembly Public Safety, hearing set for 6/11 Positioned Legislation: Gov Ops Renne Public Policy Group │ www.publicpolicygroup.com AB 2257 (Wilson) Local government: property-related water and sewer fees and assessments: remedies This bill would prohibit a person or entity from bringing a judicial action or proceeding alleging noncompliance with the constitutional provisions for any new, increased, or extended fee or assessment unless that person or entity has timely submitted to the local agency a written objection to that fee or assessment that specifies the grounds for alleging noncompliance. City Position: Support Status: Senate Judiciary, hearing set for 6/18 Positioned Legislation: Housing and Land Use Renne Public Policy Group │ www.publicpolicygroup.com AB 2560 (Alvarez) Density Bonus Law: California Coastal Act of 1976 This bill would eliminate the California Coastal Act exemption from Density Bonus Law. City Position: Oppose Status: Senate Housing, hearing not set AB 1886 (Alvarez) Housing Element Law: substantial compliance: Housing Accountability Act This bill would create a rebuttable presumption of validity for the Department of Housing and Community Development’s findings when reviewing a planning agency’s draft housing element. City Position: Oppose Status: Senate Housing, hearing set for 6/18 Positioned Legislation: Housing and Land Use Renne Public Policy Group │ www.publicpolicygroup.com AB 2684 (Bryan) Safety element: extreme heat This bill would require a city, upon the next update of one or more of the elements included in the general plan on or after January 1, 2028, to review and update its safety element to address the hazard of extreme heat. City Position: Support Status: Senate Appropriations, hearing not set AB 3093 (Ward) Land use: housing element: streamlined multifamily housing This bill would require local governments to account for the housing needs of people experiencing homelessness or near homelessness in their housing elements. City Position: Oppose Status: Senate Housing, hearing not set Positioned Legislation: Housing and Land Use Renne Public Policy Group │ www.publicpolicygroup.com AB 2729 (Patterson) Residential fees and charges This bill would prohibit a local agency from requiring payment of fees or charges prior to the date of final inspection or issuance of the certificate of occupancy and would instead authorize a local agency to require payment of fees or charges at earlier times under certain circumstances. City Position: Oppose Status: Senate Local Government, hearing set for 6/11 Positioned Legislation: Housing and Land Use Renne Public Policy Group │ www.publicpolicygroup.com SB 1037 (Wiener) Planning and zoning: housing element: enforcement This bill,in any action brought by the Attorney General,on behalf of HCD to enforce the adoption of housing element revisions or to enforce any state law that requires a local agency to ministerially approve any land use decision or permitting application for a housing development project, would subject the local agency to specified remedies,including a civil penalty of,at minimum,$10,000 per month,and not exceeding $50,000 per month,for each violation. City Position: Oppose Status: Assembly Housing, hearing set for 6/12 Positioned Legislation: Community Services Renne Public Policy Group │ www.publicpolicygroup.com AB 2081 (Davies) Substance abuse: recovery and treatment programs This bill would require a licensed recovery facility or certified drug program to disclose whether the facility’s license or program’s certification has been placed in probationary status, been subject to a temporary suspension order, been revoked, or the operator has been given a notice of operation in violation of law. AB 2574 (Valencia) Alcoholism or drug abuse recovery or treatment programs and facilities: disclosures This bill would require an operator of a certified program or a licensed facility to disclose to the department whether the licensee, or a general partner or director have a financial interest in a recovery residence or entity that provides recovery services. City Positions: Support on AB 2081 and AB 2574 Status: Senate Health, hearing set for 6/12 Positioned Legislation: Labor Relations Renne Public Policy Group │ www.publicpolicygroup.com AB 2557 (Ortega) Local agencies: contracts for special services and temporary help: performance reports This bill would require each person who enters into a contract for special services with a local agency—or had entered into such a contract in the prior five years—to submit quarterly performance reports every 180 days to the local agency and the employee organization. City Position: Oppose Status: Senate Local Government, hearing set for 6/11 Positioned Legislation: Labor Relations Renne Public Policy Group │ www.publicpolicygroup.com AB 2561 (McKinnor) Local public employees: vacant positions This bill would require each public agency with bargaining unit vacancy rates exceeding 10%for more than 90 days to produce and implement a plan to fill all vacant positions within the subsequent 180 days.This plan would be presented during a public hearing to the governing legislative body and published on its internet website for at least one year. City Position: Oppose Status: Senate Labor, hearing not set SB 1116 (Portantino) Unemployment insurance: trade disputes: eligibility for benefits This bill would grant employees unemployment eligibility after two weeks of leaving work to strike.City Position: Oppose Status: Assembly Insurance, hearing not set Legislative Update: Public Safety Renne Public Policy Group │ www.publicpolicygroup.com AB 1794 (McCarty) Crimes: larceny This bill would allow retail theft over $950 to be aggregated even though the thefts occurred in different places or from different victims. The bill would also authorize counties to operate a program to allow retailers to submit details of alleged shoplifting and organized retail theft, directly to the county district attorney through an online portal. Status: Senate Public Safety, hearing set for 6/11 AB 2943 (Zbur and Rivas) Crimes: shoplifting This bill would make it a crime for any person to possess property unlawfully that was acquired through one or more acts of theft from a retail business with the intent to sell the merchandise and its value exceeds $950. Status: Senate Public Safety, hearing set for 6/11 Legislative Update: Public Safety Renne Public Policy Group │ www.publicpolicygroup.com AB 3209 (Ward) Crimes: theft: retail theft restraining orders This bill would authorize a court, when sentencing a person for an offense involving theft from a retail establishment, to issue a criminal protective order prohibiting a person from entering the retail establishment. The bill would also authorize a prosecuting attorney, city attorney, county counsel, or attorney representing a retail establishment to file a petition for the issuance of a criminal protective order of this type against a person who has been arrested, including, but not limited to, the issuance of a citation in lieu of a custodial arrest, 2 or more times for any of the offenses at the same retail establishment. City Position: For Discussion Status: Senate Public Safety, hearing set for 6/11 Legislative Update: Public Safety Renne Public Policy Group │ www.publicpolicygroup.com SB 1242 (Min) Crimes: fires This bill would, for the purposes of sentencing for recklessly setting fire to property, make it a factor in aggravation that the offense was carried out within a merchant’s premises in order to facilitate organized retail theft. City Position: For Discussion Status: Assembly Public Safety, hearing set for 6/11 Legislative Update: Public Safety Renne Public Policy Group │ www.publicpolicygroup.com AB 2042 (Jackson) Police canines: standards and training This bill would also require the Commission on Peace Officer Standards and Training, by no later than January 1, 2026, to certify courses of training for all law enforcement canine handlers and those law enforcement supervisors directly overseeing canine programs in the use of canines by law enforcement. City Position: For Discussion Status: Senate Rules AB 3241 (Pacheco) Law enforcement: police canines The bill would require, on or before July 1, 2027, each law enforcement agency that utilizes canines to maintain a policy for the use of canines by the agency that, at a minimum, complies with the guidelines adopted by the Commission on Peace Officer Standards and Training, and would require law enforcement agencies to establish a training regimen that includes a course certified by the commission. City Position: For Discussion Status: Senate Rules Legislative Update: Transportation Renne Public Policy Group │ www.publicpolicygroup.com AB 1774 (Dixon) Vehicles: electric bicycles This bill would prohibit a person from selling a product or device that can modify the speed capability of an electric bicycle such that it no longer meets the definition of an electric bicycle. City Position: For Discussion Status: Senate Appropriations, hearing not set AB 2259 (Boerner) Transportation: bicycle safety handbook This bill would, upon appropriation by the Legislature, require the Transportation Agency to develop and distribute a bicycle safety handbook that includes information on existing laws regulating bicycles and e-bikes. City Position: For Discussion Status: Senate Transportation, hearing set for 6/11 Legislative Update: Transportation Renne Public Policy Group │ www.publicpolicygroup.com SB 1271 (Min) Electric bicycles, powered mobility devices, and storage batteries This bill would clarify that an electric bicycle is a bicycle equipped with fully operable pedals and an electric motor with continuous rated mechanical power of not more than 750 watts. The bill would also clarify the definitions of “class 1 electric bicycle” and “class 3 electric bicycle” by providing that the motor on a class 1 electric bicycle is not capable of exclusively propelling the bicycle nor providing assistance to reach speeds greater than 20 miles per hours and the motor on a class 3 electric bicycle is not capable of exclusively propelling the bicycle. City Position: For Discussion Status: Assembly Transportation, hearing set for 6/17 Legislative Update: Environment and Climate Renne Public Policy Group │ www.publicpolicygroup.com AB 2761 (Hart) Product safety: plastic packaging: Reducing Toxics in Packaging Act This bill would enact the Reducing Toxics in Packaging Act, which would prohibit a person from manufacturing, selling, offering for sale, or distributing in the state plastic packaging that contains certain chemicals. City Position: For Discussion Status: Senate Environmental Quality, hearing set for 6/19 Legislative Update: Environment and Climate Renne Public Policy Group │ www.publicpolicygroup.com SB 1053 (Blakespear) and AB 2236 (Bauer-Kahan) Solid waste: reusable grocery bags: standards: plastic film prohibition These bills would ban the use of plastic bags at checkout in stores and would revise the definition of “recycled paper bag” to require it be made from a minimum of 50% percent postconsumer recycled materials, without exception. The bills would also require a reusable grocery bag sold by a store to a customer at the point of sale to meet different requirements including that it not be made from plastic film material. City Position: For Discussion Status: SB 1053: Assembly Natural Resources, hearing not set AB 2236: Senate Environmental Quality, hearing set for 7/3 Questions/Discussion Thank You! Renne Public Policy Group │ www.publicpolicygroup.com