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HomeMy WebLinkAbout2024-08-20; City Council Legislative Subcommittee; ; Legislative and Advocacy UpdateMeeting Date: August 20, 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 (Exhibit 1) and the priority legislation (Exhibit 2) 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. If the Legislative Subcommittee decides to refer any matters to the City Council, staff will work with the City Manager to place an item on a future City Council agenda for consideration. Exhibits 1.Carpi & Clay – Federal Update 2.Renne Public Policy Group – Priority Legislation as of August 14, 2024 LEGISLATIVE SUBCOMMITTEE Aug. 20, 2024 Item #2 Page 1 of 97 1 July 31, 2024 City of Carlsbad Federal Issues Report www.carpiclay.com FY25 Appropriations Update The Senate Appropriations Committee voted to approve four additional Fiscal Year 2025 appropriations bills this week, including Energy and Water, Defense, Labor-HHS-Education, and Financial Services funding. The Committee has completed action on 11 of the 12 appropriations bills and will adjourn for August recess this week. To date, these funding bills have passed the Committee by large bipartisan margins. However, with limited legislative days left before September 30th, the window for floor consideration by the full Senate is closing. Meanwhile, the House has marked up all 12 bills and passed five on the floor, with the remaining bills stalled. Both chambers are relying on their committee work to establish negotiating positions for the eventual year-end budget battles during the lame-duck session. House and Senate leaders have already indicated the need to pass a stopgap Continuing Resolution (CR) appropriations bill in September to keep the government open until after the elections. Both the Senate and the House will return to Washington on September 9th. FY25 Appropriations Bills House Subcommittee Allocation (in billions) Senate Subcommittee Allocations (in billions) Passed House Committee Passed Senate Committee Passed House Agriculture-Rural Development $25.873 $27.049 7/10 by a vote of 29-26 7/11 by a vote of 27-0 Commerce-Justice-Science $78.288 $69.235 7/9 by a vote of 31-26 7/24 by a vote of 26-3 Defense $833.053 $830.865 6/13 by a vote of 34-25 8/1 by a vote of 28-0 6/28 by a vote of 217-198 Energy-Water Development $59.19 $61.467 7/9 by a vote of 30-26 8/1 by a vote of 28-0 Financial Services $23.608 $21.175 6/13 by a vote of 33-24 8/1 by a vote of 27-0 Homeland Security $64.805 $60.516 6/12 by a vote of 33-26 6/28 by a vote of 212-203 Aug. 20, 2024 Item #2 Page 2 of 97 Exhibit 1 2 www.carpiclay.com Interior- Environment $37.739 $37.65 7/9 by a vote of 29-25 7/24 by a vote of 28-1 7/24 by a vote of 210-205 Labor-HHS $186.586 $198.655 7/10 by a vote of 31-25 8/1 by a vote of 25-3 Legislative Branch $7.125 $7.0 6/13 by a vote of 33-24 7/11 by a vote of 27-0 Failed on 7/11 by a vote of 205-213 MilCon-VA $147.520 $148.876 5/23 by a vote of 34-25 7/11 by a vote of 27-0 6/5 by a vote of 209-197 State-Foreign Ops $51.713 $55.705 6/12 by a vote of 31-26 7/24 by a vote of 24-5 6/5 by a vote of 212-200 Transportation-Housing and Urban Development $90.4 $87.707 7/10 by a vote of 31-26 7/24 by a vote of 28-1 OMB Releases 2024 Spring Regulatory Unified Agenda The Office of Management and Budget (OMB) released the 2024 Spring Regulatory Unified Agenda. The agenda details the rules and regulations each federal agency is expected to work on or release both short and long-term. House & Senate Pass Separate WRDA 2024 Bills On July 22nd, the House passed the Water Resources Development Act (WRDA) of 2024 (H.R. 8812) by a vote of 359-13. The bill would authorize nearly $10 billion in U.S. Army Corps of Engineers (USACE) navigation, hurricane and storm damage risk reduction, flood control, and ecosystem restoration projects nationwide. Following the House, the Senate passed its version of WRDA 2024 (S. 4367) by a unanimous vote. The Senate bill includes 81 feasibility studies and authorization for eight new or modified USACE projects. The House and Senate will now conference on the bills and work out differences for a final version that can pass both chambers. FEMA Announces Nearly $1 Billion in BRIC Funding The Federal Emergency Management Agency (FEMA) announced $998.8 million in funding for 656 projects through the Building Resilient Infrastructure and Communities (BRIC) program. BRIC provides state, tribal, local, and territorial governments with funding for projects that address current and future natural disaster-related risks, including extreme heat, wildfires, drought, hurricanes, earthquakes, and flooding. The top three project categories funded include $395 million for 28 flood control projects, $237 million for 30 utility and infrastructure protection projects, and $55 million for 129 building code adoption and enforcement projects. FEMA Finalizes Federal Flood Risk Management Standard FEMA published a final rule to implement the Federal Flood Risk Management Standard (FFRMS). The final rule expands the flood plain to incorporate current and future risks, states that FEMA will pay for applicable federal cost share to implement FFRMS, and requires the incorporation of flood resilience measures into project designs. FEMA intends to fully Aug. 20, 2024 Item #2 Page 3 of 97 3 www.carpiclay.com implement the new FFRMS, ending partial implementation of the standard since 2021. The final rule is effective on September 9th. Federal Funding Opportunities & Announcements DOE Announces $52 Million for Small Business R&D Grants. The Department of Energy (DOE) announced $52 million in funding for 229 small business research and development (R&D) grants through the Small Business Innovation Research and Small Business Technology Transfer programs. The funding will support the development of a wide range of technologies, including 13 awards for entities in 10 states focused on bioenergy R&D. DOE Announces $139 Million for REAP Grants and Loans. DOE announced $163 million in grants, loans, and technical assistance for 338 projects in 39 states and Guam through the Rural Energy for America Program (REAP) and the REAP Technical Assistance Grant Program. REAP funds clean energy projects for agriculture producers and rural small businesses, including the deployment of wind, solar, geothermal, and small hydropower, along with energy efficiency upgrades. DOE Announces $65 Million Connected Communities 2.0 NOFO. DOE announced a $65 million notice of funding opportunity (NOFO) through the Connected Communities 2.0 program. The program supports innovative projects that manage growing electrical loads from buildings, transportation, and industry. The focus areas include $15 million in Vehicle Technologies Office funding for field validation of smart charge management and $50 million in DOE funding for field validation of grid-edge technologies that can be deployed at scale. Concept papers are due by August 20th and full applications are due by October 10th. DOT Publishes Reconnecting Communities Pilot NOFO. The Department of Transportation (DOT) published a NOFO for the availability of $607 million through the Reconnecting Communities Pilot grant program. The funds will help support planning and capital construction activities that aim to restore community connectivity through removing, retrofitting, mitigating, or replacing highways, roadways, or other infrastructure facilities that create barriers to mobility, access, or economic development. The program aims to advance and support the reconnection of communities divided by transportation infrastructure, prioritizing helping disadvantaged communities improve access to daily needs including jobs, schools, healthcare, grocery stores, and recreation opportunities. Applications are due by September 30th. DOT Announces PNT Awards. DOT announced $7 million in funding for nine Complementary Positioning, Navigation, and Timing (PNT) technology vendors. The primary and most recognizable PNT service supporting critical infrastructure is the Global Positioning System (GPS), utilized for all modes of transportation, including aviation, maritime, and rail. These awards provide funding for instrumentation, testing, and evaluation of Complementary PNT technologies at field test ranges in conjunction with critical infrastructure owners and operators. The goal is to facilitate the adoption of Complementary PNT technologies to improve PNT resiliency. Aug. 20, 2024 Item #2 Page 4 of 97 4 www.carpiclay.com DOT Publishes SMART Grants Stage 2 NOFO. DOT published a NOFO for the availability of $50 million through Stage 2 of the Strengthening Mobility and Revolutionizing Transportation (SMART) grants program. Funds for the FY24 SMART Grants Program will be awarded competitively to prior 2022 Stage One recipients to implement the plans and prototypes previously developed in Stage One to advance smart city or community technologies and systems to improve transportation efficiency and safety. Only recipients of SMART Stage One Planning and Prototyping Grants or eligible entities designated by Stage One SMART recipients, awarded under the FY22 SMART Stage One NOFO, may apply for this Stage Two Implementation Grant. Applications are due by August 14th. EPA Announces $4.3 Billion in Climate Pollution Reduction Grants. The Environmental Protection Agency (EPA) announced $4.3 billion in Climate Pollution Reduction Grants to 25 applicants. Projects selected target reducing greenhouse gas emissions in the transportation, electric power, commercial and residential, industrial, agricultural/natural lands, and waste/materials management sectors. Funding supports deploying technologies and programs focused on sector-specific greenhouse gas (GHG) emissions reductions and will help businesses capitalize on new clean energy opportunities. EPA Announces $325 Million for Community Change Grants. EPA announced $325 million in funding for 21 applicants through the Community Change Grants Program. 17 of the 21 awards were funded under Track I (Community Driven Investments for Change) and the remaining 4 projects were funded under Track II (Meaningful Engagement for Equitable Governance). The NOFO for the program remains open with an application deadline of November 21st. EPA Announces $3.6 Million for Environmental Education Grants. EPA announced $3.6 million for 38 organizations through the Environmental Education Grants Program. Funding supports projects that design, demonstrate, or disseminate environmental education practices, methods, or techniques. EPA Announces and Funds Four Stormwater Centers of Excellence. EPA announced $5 million in grants to establish four new Centers of Excellence for Stormwater Control Infrastructure Technologies and a national clearinghouse for new and emerging stormwater control technologies. The Centers chosen include the University of New Hampshire, the University of Oklahoma, the Board Regents Nevada System of Higher Education, and the Center for Watershed Protection, Inc. The Center for Watershed Protection will house the national clearinghouse for new technology and funding approaches. EPA Announces $20 Million for Innovative Water Workforce Development Program. EPA announced $20 million for 13 workforce development organizations nationwide through the Water Workforce Development Grant Program. The grants will fund projects that expand public awareness of job opportunities in the drinking and wastewater utility sector and will support the existing workforce, including apprenticeships and internships, educational programs, regional collaborations, integrated learned opportunities, and leadership development. Aug. 20, 2024 Item #2 Page 5 of 97 5 www.carpiclay.com FAA Publishes ATP Grant NOFO. The Federal Aviation Administration (FAA) published a NOFO for the availability of $1 billion in discretionary funds for the Airport Terminal Program (ATP). ATP helps fund projects for airport terminal and airport-owned Airport Traffic Control Tower development projects. Applications are due by July 31st. FAA Announces Round 7 of FY24 AIG Awards. FAA announced $289 million in FY24 Round 7 funding for 129 airports through the Airport Infrastructure Grants (AIG). The grants will help fund airport improvements such as terminal expansions, baggage system upgrades, runway safety enhancements, and air traffic infrastructure improvements. FAA Announces Round 8 of FY24 AIG Awards. FAA announced $427.86 in FY24 Round 8 funding through AIG totaling $427.86 million for 245 airports in 39 states to support airport infrastructure improvements. The agency published a tool to view AIG funding from the beginning of the program in FY22 through FY24. FAA Announces AIP Grant Awards. FAA announced $374 million to 299 projects in 46 states and territories through the Airport Improvement Program (AIP). The grants will help fund airport projects including construction of new and improved airport facilities, repairs to runways and taxiways, maintenance of airfield lighting and signage, and purchasing equipment needed to operate and maintain airports.   Forest Service Publishes Forest Landowner Support NOFOs. The Forest Service published two NOFOs for private forest landowners to adapt and mitigate the impacts of climate change through the Forest Landowner Support program. The first NOFO for $140 million is for the Landowner Cost Share Payment Program to fund state-endorsed cost-share programs for landowners. The second NOFO for $50 million is for the Landowner Payment Programs for Carbon Stewardship Practices to support programs that directly issue payments to landowners that increase their forest's carbon sequestration and storage capacity. Applications for both NOFOs are due by September 30th. FRA Publishes Railroad Crossing Elimination Program NOFO. The Federal Railroad Administration (FRA) published a NOFO for the availability of $1.14 billion through the Railroad Crossing Elimination Program. The program helps to fund highway-rail or pathway-rail grade crossing improvement projects that focus on improving the safety and mobility of people and goods. Applications are due by September 23rd. FRA Publishes R&E Grant NOFO. FRA published a NOFO for the availability of $153 million through the Restoration and Enhancement (R&E) grant program. The program helps fund projects to establish service on new routes, restore service on routes that formerly had intercity passenger operations, and enhance service on existing routes. Applications are due by September 30th. FHWA Announces Large Bridge Project Grant Awards. The Federal Highway Administration (FHWA) announced more than $5 billion in Large Bridge Project grant awards to fund the reconstruction, repair, and restoration of 13 nationally significant bridges in 16 states Aug. 20, 2024 Item #2 Page 6 of 97 6 www.carpiclay.com that connect communities to jobs and resources, support the economy, and serve as critical corridors for freight travel. FHWA Publishes Nationally Significant Federal Lands and Tribal Projects Program NOFO. FHWA published a NOFO for the availability of $55 million through the Nationally Significant Federal Lands and Tribal Projects Program. The program will help fund the construction, reconstruction, and rehabilitation of nationally significant projects within, adjacent to, or accessing Federal and Tribal lands. Applications are due by October 16th. FTA Publishes CCAM NOFO. The Federal Transit Administration (FTA) published a NOFO for the availability of $2.5 million to establish a Coordinating Council on Access and Mobility (CCAM) National Technical Assistance Center that supports CCAM members, federal agencies, their grantees, partners, and stakeholders in improving transportation access for people with disabilities, older adults, and individuals of low income. The overarching mission of this new center is to promote and facilitate human services transportation, public transit, and non-emergency medical transportation coordination that advances people's access to everyday destinations. Applications are due by August 30th. FTA Publishes Enhancing Mobility Innovation NOFO. FTA published a NOFO for the availability of $1.9 million in competitive cooperative agreement awards for projects that enhance mobility innovations for transit. Funds will be awarded for projects that advance emerging technologies, strategies, and innovations in traveler-centered mobility in two distinct areas. Of the total available funds, $968,000 is available for projects to accelerate innovations that improve mobility and enhance the rider experience, focusing on innovative service delivery models, creative financing, novel partnerships, and integrated payment solutions. The remaining $968,000 is available for projects to develop software solutions that facilitate the provision of integrated demand-response public transportation service that dispatches public transportation fleet vehicles through riders' mobile devices or other means. Applications are due by August 30th. HUD Announces Choice Neighborhoods Implementation Grants. The Department of Housing and Urban Development (HUD) announced $325 million for seven communities through the Choice Neighborhoods Implementation Grant program. The funding supports projects that redevelop distressed housing with mixed-income options and provides residents of existing housing with income, health, and education services. Funding may also be used for neighborhood improvements that spur economic development and private investment. HUD Publishes Healthy Homes Production Grant NOFO. HUD published a $40 million NOFO for the Healthy Homes Production Grant program. Funding supports projects that reduce housing-related hazards in a coordinated fashion. Projects that address environmental and safety issues in privately owned, low-income rental and/or owner-occupied housing, especially in units that house families with children, families caring for individuals with disabilities, or seniors over 62 years old, will be prioritized. Applications are due by September 3rd. Aug. 20, 2024 Item #2 Page 7 of 97 7 www.carpiclay.com HUD Publishes Eviction Protection Grant NOFO. HUD released a $40 million NOFO through the Eviction Protection Grant Program. The program funds nonprofit organizations and government entities to provide no-cost legal assistance to low-income tenants at risk or subject to eviction. Projects eligible for funding also include eviction and diversion programming, data collection on evictions, technical assistance provided, and collaborative activities. Applications are due by August 20th. NOAA Announces $220 Million for Coastal Resilience Projects. The National Oceanic and Atmospheric Administration (NOAA) recommended funding 32 habitat and coastal resilience projects nationwide for $220 million in second-round funding through the Transformational Habitat Restoration and Coastal Resilience program. Funding supports projects that implement novel restoration techniques or efforts that restore habitats in urban ecosystems to benefit underserved communities. NOAA Announces $575 Million for Climate Resilience Regional Challenge. NOAA announced it recommends $575 million in funding for 19 climate resilience projects nationwide. A total of 11 Planning and Capacity Building awards will support communities and regions initiating or advancing collaborative coastal climate resilience efforts. The remaining eight projects are Implementation awards to acquire vulnerable land, build infrastructure, strengthen existing infrastructure, and update state and local building codes. NOAA Publishes $47 Million Marine Debris Removal NOFO. NOAA published a $47 million NOFO through the Marine Debris Removal program. The program funds the development and implementation of marine debris assessment, removal, and prevention projects that benefit coastal habitats, waterways, and marine resources. Interested applicants must submit a Letter of Intent (LOI) by September 27th. NOAA will review LOIs and invite applicants to apply for funding by January 31st. Reclamation Published FY25 WaterSMART Drought Response Program NOFO. The Bureau of Reclamation (Reclamation) published a $10 million NOFO through the WaterSMART Drought Response Program: Drought Resiliency Projects. The funding supports projects to develop and update comprehensive drought plans and implement projects to build long-term drought resilience. Applications are due by November 13th. Reclamation Announces WaterSMART Cooperative Watershed Management Awards. Reclamation announced $8.9 million in awards for six new and twelve existing cooperative water management projects through the WaterSMART Cooperative Watershed Management Program. The funding will support watershed health management and water supply resiliency projects in Western states. Reclamation Announces Central Valley Conservation and Habitat Restoration NOFO. Reclamation announced a $4.8 million NOFO for the Central Valley Project Conservation and Habitat Restoration Program Grants program. The funding will support projects and actions that protect, restore, and enhance special-status species (excluding fish) and their habitats that have been affected by the Central Valley Project, emphasizing federally listed species. Applications are due by December 10th. Aug. 20, 2024 Item #2 Page 8 of 97 8 www.carpiclay.com USDA Announces $14.3 Million for Farm to School Grants. The Department of Agriculture (USDA) announced $14.3 million in funding for 154 projects through the Patrick Leahy Farm to School Grant program. The program supports child nutrition program operators by incorporating local foods into meals served through USDA’s National School Lunch Program, Child and Adult Care Food Program, and SUN Programs: USDA’s Summer Nutrition Programs for Kids. USDA Announces $100 Million for SUN Bucks Program. USDA announced $100 million in funding to support states, tribes, and territories in implementing the new SUN Bucks program. SUN Bucks provides families in participating states with a $120 grocery benefit for each eligible school-aged child for use at grocery stores, farmers' markets, and other authorized retailers. USDA Announces Conservation Innovation Grant Awards. USDA announced $90 million in Conservation Innovation Grants for 53 projects. Funding will support the development of new tools, approaches, and practices to further natural resource conservation on private lands. Federal Agency Personnel & Regulatory Announcements President Biden Submits USACE Chief of Engineers Nomination. President Biden formally transmitted the nomination of Major General Butch Graham to be the 56th Chief of Engineers for USACE. Current Chief of Engineers Lieutenant General Scott Spellmon’s term expires on September 13th, and Major General Graham’s nomination requires Senate confirmation before he can assume office. White House Announces Housing and Rent Cost Actions. The White House announced actions intended to reduce the cost of housing and rent. The Administration is calling on Congress to pass legislation that caps rent increases at 5 percent and is implementing the following agency actions:  Regulations requiring notices related to rent increases and lease expirations through the Federal Housing Finance Agency, which supports renters in multifamily properties financed by Fannie Mae and Freddie Mac.  The U.S. Postal Service will pilot repurposing surplus facilities for housing.  HUD, the Department of Health and Human Services, and the General Services Administration plan to promulgate a final rule easing restrictions on using federal buildings and land for housing.  DOT published interim guidance on transit agencies using their property to support transit-oriented development. A fact sheet from the White House on these actions is available HERE. BJS Publishes 2023 School Crime and Safety Report. The Department of Justice’s (DOJ) Bureau of Justice Statistics (BJS) published its Report of Indicators of School Crime and Aug. 20, 2024 Item #2 Page 9 of 97 9 www.carpiclay.com Safety: 2023. The report details school crime and safety from various data sources, including national surveys of students, teachers, principals, and postsecondary institutions. BLM Announces New California State Director. BLM announced that Joe Stout will serve as the California State Director beginning August 11th. Stout most recently served as the Forest Supervisor of the Eldorado National Forest in the Central Sierras of California. DOE Publishes Report on Harnessing the Flexibility of EV Charging. DOE published a report titled “The Future of Vehicle Grid Integration: Harnessing the Flexibility of EV Charging.” The report was developed with stakeholder input to outline a shared vision for vehicle-grid integration, where electric vehicles (EVs) are safely and securely connected to, reliably served by, and harmonized with the electric grid. The report also serves as a guidepost for the transition, offering direction for stakeholders as they develop products, identify opportunities for standardization, and design new policies, rates, and services, among other activities. DOT Publishes Equity Action Plan Update RFI. DOT published a request for information (RFI) on meaningful activities to advance equity that should be considered as part of the agency’s 2024 update to its Equity Action Plan. The responses to this RFI will help DOT understand the impact of its equity activities to date and inform the agency of what equity-related activities and performance metrics are prioritized through the Plan. Comments are due by August 14th. DOT Publishes Report on Decarbonizing Transportation. DOT has published a report to Congress, “Decarbonizing U.S. Transportation.” The report responds to Congressional direction to outline DOT’s strategy and actions to reduce greenhouse gas emissions in line with our international commitments. The report identifies opportunities for driving further reductions in U.S. transportation GHG emissions.   EPA Requests Comments on Draft Insecticide Strategy. EPA is requesting comments on its draft Insecticide Strategy focused on practical protections for species listed as federally endangered or threatened. EPA’s draft strategy identifies protections that the agency will consider when it registers a new insecticide or reevaluates an existing one. Comments are due by September 23rd. EPA Proposes Designating Five Chemicals as High-Priority Substances under TSCA. EPA released a proposal to designate five chemicals as High-Priority Substances for risk evaluation under the Toxic Substances Control Act (TSCA): vinyl chloride (CASRN 75-01-4), acetaldehyde (CASRN 75-07-0), acrylonitrile (CASRN 107-13-1), Benzenamine (CASRN 62- 53-3), and 4,4’-methylene bis(2-chloroaniline) (MBOCA) (CASRN 101-14-4). The chemicals were selected from the 2014 TSCA Work Plan developed by EPA to identify and further assess substances based on their hazards and potential for exposure. Comments are due by October 23rd. EPA Published Fifth Edition of Climate Change Indicators Report. EPA published the fifth edition of the “Climate Change Indicators in the United States” report that outlines the Aug. 20, 2024 Item #2 Page 10 of 97 10 www.carpiclay.com impacts of climate change nationwide and the potential significance of the changes. The report adds two new climate change indicators: marine heat waves and heat-related workplace deaths. Newly analyzed data shows that the cumulative intensity of marine heat waves has increased since the 1980s, and from 1992-2022, an average of 34 workers per year died from heat exposure. EPA Solicits Nominations for Farm, Ranch, and Rural Communities Federal Advisory Committee. EPA announced a solicitation for nominations to the Farm, Ranch, and Rural Communities Federal Advisory Committee. The Committee provides independent policy advice, information, and recommendations to the EPA Administrator on environmental policies and issues that impact agriculture and rural communities. Nominations are due to by September 5th. EPA Releases Updated EJSCREEN Tool. EPA released EJSCREEN 2.3, an updated version of the online screening and mapping tool that incorporates the newest demographic and environmental datasets. EPA holds regular EJSCREEN Office Hours to review and demonstrate the tool, and the next meeting will be held on August 21st at 12 pm ET. FAA Announces NAC Hybrid Public Meeting. FAA announced a hybrid public meeting of the NextGen Advisory Committee (NAC). The meeting will be held on August 22nd, from 10:00 am to 1:00 pm ET. FAA Approves First Commercial Drone Flights. FAA approved commercial drone flights without visual observers for the first time, enabling routine Beyond Visual Line of Sight (BVLOS) operations. Approvals for Zipline International and Wing Aviation in Dallas will allow the companies to use Unmanned Aircraft System Traffic Management (UTM) technology for package delivery. Initial flights using UTM services are expected to begin in August, with more authorizations anticipated in the Dallas area and eventually nationwide as the FAA prepares to release the Normalizing UAS BVLOS Notice of Proposed Rulemaking (NPRM) later this year. FAA and NATCA Reach Agreement to Address Controller Fatigue. FAA announced an agreement with the National Air Traffic Controllers Association (NATCA) to help ensure air traffic controllers receive adequate rest between shifts and can continue to safely do their essential work. Among other things, the two parties have agreed that:  Controllers will receive 10 hours off between shifts and 12 hours off before and after a midnight shift.  Controllers will have limitations on the number of consecutive overtime assignments.  There will be procedures in place, including providing the necessary education to the workforce, for more effective use of current recuperative breaks. FMCSA Publishes NHMRR Revisions. FMCSA published revisions to the National Hazardous Materials Route Registry (NHMRR) reported to FMCSA from April 1st, 2023, through March 31st, 2024. The NHMRR is a listing of all designated and restricted roads and preferred highway routes for transportation of highway route-controlled quantities of Class 7 Aug. 20, 2024 Item #2 Page 11 of 97 11 www.carpiclay.com radioactive materials and non-radioactive hazardous materials. The revisions are applicable on July 16th. FMCSA Removes Four Devices from List of Registered ELDs. FMCSA removed CTE-LOG ELD, ELD VOLT, POWERTRUCKS ELD, and TFM ELD devices from the list of registered Electronic Logging Devices (ELD). FMCSA placed these ELDs on the Revoked Devices list due to the companies’ failure to meet the minimum requirements established in 49 CFR part 395, subpart B, appendix A. The removals are effective July 23rd. FMCSA will send an industry- wide email to inform motor carriers that all who use these revoked ELDs must take the following steps: 1. Discontinue using the revoked ELDs and revert to paper logs or logging software to record required hours of service data. 2. Replace the revoked ELDs with compliant ELDs from the Registered Devices list before September 21st. Forest Service Signs Agreement with NOAA to Track Wildfires by Satellite. The Forest Service signed an agreement to use NOAA Geostationary Operational Environmental Satellite – R series data to rapidly detect and report wildfires. The $20 million partnership will see advanced remote sensing capabilities deployed to improve the speed and accuracy of wildfire detection. FRA Publishes Evaluation of Policies and Procedures For Use and Maintenance of Hot Bearing Wayside Detectors. FRA published the Second Supplement to Safety Advisory 2023-01 to reiterate and expand upon the recommendations in its previously published Safety Advisories related to hot-bearing wayside detectors (HBDs). This Safety Advisory reiterates FRA's previous recommendations in Safety Advisory 2023-01 and its June 14th, 2023 Supplement, and expands on the recommendations to incorporate the findings of FRA's ongoing evaluations by emphasizing the importance of trend analysis and the opportunity to integrate wayside detector data types to evaluate railcar health; the need to establish and follow appropriate processes in analyzing and responding to HBD data; the need for railroads to ensure that adequate staff are assigned to monitor and respond to wayside detector data; and the need for railroads to maximize the use of HBD data, including sharing wayside detector data between railroads, as a train travels from one railroad's tracks to another railroad's track. IRS Extends Filing Deadline for Texas Areas Recovering from Hurricane Beryl. The Internal Revenue Service (IRS) extended the deadline for individuals and businesses to apply for disaster-related tax relief programs that commenced July 5th in the 67 counties designated by FEMA. Additionally, the IRS announced that it would abate penalties for failure to make on- time payroll and excise tax payments due on or after July 5th but for July 22nd, so long as payments were received by July 22nd. NHTSA Publishes FMVSS Seating Standards ANPRM. NHTSA published an advance notice of proposed rulemaking (ANPRM) to update Federal Motor Vehicle Safety Standard No. 207, “Seating systems.” NHTSA also partially grants rulemaking petitions submitted by Kenneth J. Saczalski of Environmental Research and Safety Technologists (ERST) and by Aug. 20, 2024 Item #2 Page 12 of 97 12 www.carpiclay.com Alan Cantor of ARCCA, Inc. (ARCCA), which sought changes to the Federal Motor Vehicle Safety Standards (FMVSS) petitioners stated would improve the safety of children during rear-end crashes. NHTSA denied a petition from the Center for Auto Safety (CAS), which sought to require additional warnings instructing adults regarding which rear seating position to place children. Comments are due by September 16th. NHTSA Announces Minimum Performance Measures for State Highway Safety Grant Program Virtual Public Meeting and Request for Comments. NHTSA is initiating a process to update minimum performance measures for the State Highway Safety Grant Program. To ensure that the broadest possible cross-section of stakeholders is engaged from the onset of this process, NHTSA is publishing this request for comments and announcing a public meeting to be held before issuing the updated highway safety performance measurement framework. The public meeting will be held virtually on Wednesday, August 21st. The meeting will convene at 2:00 pm ET and will conclude when the last pre-registered speaker has provided oral comments but no later than 5:30 pm ET. Comments are due by August 26th. NHTSA Publishes Uniform Procedures for State Highway Safety Grant Programs Final Rule. The NHTSA published a final rule ensuring that the definition of “equipment” conforms with OMB's government-wide Guidance for Federal Financial Assistance affecting Federal grants. The rule is effective October 1st. OSHA Releases Proposed Heat Injury and Illness Prevention NPRM. The Occupational Safety and Health Administration (OSHA) released a notice of proposed rulemaking (NPRM) on preventing heat injury and illness in outdoor and indoor work settings. The standard would require employers to create a plan to evaluate and control heat hazards in their workplace and clarify employer obligations and the steps necessary to effectively protect employees from hazardous heat. Comments will be due 60 days following publication in the Federal Register. Reclamation Announces New Technical Service Center Director. Reclamation Commissioner Camille Touton announced that Katie Bartojay will serve as the Director of the Bureau’s Technical Services Center in Denver, Colorado. The Technical Services Center provides research and development for water and power resources owned and operated by Reclamation and other federal agencies. Previously, Bartojay served as the Supervisor of the Technical Service Center’s Client Support Service Office. TSA Adds Airlines to PreCheck. The Transportation Security Administration (TSA) announced that its PreCheck program has been expanded to include Aer Lingus, Air New Zealand, Ethiopian Airlines, and Saudia as new participants in the program. ## ## ## Aug. 20, 2024 Item #2 Page 13 of 97 1 City of Carlsbad: Priority Legislation as of August 16, 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 Aug. 20, 2024 Item #2 Page 14 of 97 Exhibit 2 {city of Carlsbad California 2 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) 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 07/03/2024) 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. Prior law required the proponent to enter into a community services agreement with the county, city and county, or city, including, among other things, a job creation plan. This bill would reestablish the authorization for capital investment incentive programs until January 1, 2035. The bill would additionally authorize the above-described capital investment incentive program for proponents of a qualified manufacturing facility with an assessed value that exceeds $25,000,000 and would include additional requirements for the above-described job creation plan for these proponents. The bill would make conforming changes. This bill contains other related provisions. (Based on 07/03/2024 text) Status: 08/07/2024 - Read second time. Ordered to third reading. Calendar: 08/15/24 #257 S-ASSEMBLY BILLS - THIRD READING FILE Elections, Political Reform and Redistricting AB 2631 (Fong, Mike) Local agencies: ethics training. (Enrollment 08/12/2024) 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 Aug. 20, 2024 Item #2 Page 15 of 97 3 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: 08/12/2024 - Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0.). In Assembly. Ordered to Engrossing and Enrolling. Notes: CalCities sponsored SB 24 (Umberg) Political Reform Act of 1974: public campaign financing. (Amended 06/26/2023) Link Existing law, the Political Reform Act of 1974, prohibits a public officer from expending, and a candidate from accepting, public moneys for the purpose of seeking elective office. This bill would permit a public officer or candidate to expend or accept public moneys for the purpose of seeking elective office if the state or a local governmental entity established a dedicated fund for this purpose, as specified. The bill would prohibit the public moneys for this dedicated fund from being taken from public moneys that are earmarked for education, transportation, or public safety. This restriction would not apply to charter cities. This bill contains other related provisions and other existing laws. (Based on 06/26/2023 text) Status: 06/19/2024 - June 19 set for first hearing. Placed on suspense file. Calendar: 08/15/24 A-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 1100 WICKS, BUFFY, Chair Emergency Response and Disaster Preparedness AB 2330 (Holden) Endangered species: incidental take: wildfire preparedness activities. (Amended 07/01/2024) Link 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 wildfire preparedness plan to conduct wildfire preparedness activities on land Aug. 20, 2024 Item #2 Page 16 of 97 4 designated as a fire hazard severity zone, as defined, that minimizes impacts to wildlife and habitat for candidate, threatened, and endangered species. The bill would require the wildfire preparedness plan to include, among other things, a brief description of the planned wildfire preparedness activities, the approximate dates for the activities, and a description of the candidate, endangered, and threatened species within the plan area. The bill would require the department, if sufficient information is included in the wildfire preparedness plan for the department to determine if an incidental take permit is required, to notify the local agency within 90 days of receipt of the wildfire preparedness 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, guidance that includes a description of the candidate, endangered, and threatened species within the plan area and measures to avoid, minimize, and fully mitigate the take of the candidate, threatened, and endangered species, as provided. The bill would require the department, on or before July 1, 2025, to make a standard wildfire preparedness plan submission form publicly available on its internet website. The bill also would require the department, commencing January 1, 2026, to annually post on its internet website a summary of the wildfire preparedness plans submitted and include specified information in that summary. (Based on 07/01/2024 text) Status: 08/05/2024 - In committee: Referred to APPR suspense file. Calendar: 08/15/24 S-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 2200 CABALLERO, ANNA, Chair Notes: CalCities sponsored SB 1461 (Allen) State of emergency and local emergency: landslide. (Amended 05/16/2024) Link Existing law, the California Emergency Services Act, authorizes the Governor to declare a state of emergency, and local officials and local governments to declare a local emergency, when specified conditions of disaster or extreme peril to the safety of persons and property exist, and authorizes the Governor or the appropriate local government to exercise certain powers in response to that emergency. Existing law defines the term “state of emergency” and “local emergency” to mean a duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by, among other things, fire, storm, riot, or cyberterrorism. This bill would additionally include a landslide among those causes of the conditions constituting a state of emergency or local emergency. (Based on 05/16/2024 text) Status: 08/07/2024 - August 7 set for first hearing. Placed on suspense file. Position: Support Aug. 20, 2024 Item #2 Page 17 of 97 5 Calendar: 08/15/24 A-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 1100 WICKS, BUFFY, Chair Notes: 7/18/24: EN tagged as support. 7/24/24: EN sent draft letter to the City for review. 8/5/24: EN followed up with the City on the letter. EN received final letter, submitted to portal, emailed delegation and governor's office. Energy and Utilities AB 1912 (Pacheco) Electricity and natural gas: legislation imposing mandated programs and requirements: third-party review. (Amended 07/03/2024) Link Existing law regulates public utilities, including electrical and gas corporations. The Public Advocate’s Office of the Public Utilities Commission is established as an independent office within the Public Utilities Commission to represent and advocate on behalf of the interests of public utility customers and subscribers within the jurisdiction of the commission. This bill would request the office to establish, by January 1, 2026, a program to, upon request of the Legislature, analyze legislation that would establish a mandated requirement or program or otherwise affect electrical or gas ratepayers, as specified. The bill would request the office 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 require the commission, on June 15 of each year, to assess an annual fee on all large electrical and gas corporations, as defined, to fund the projected costs incurred by the office in implementing the bill, not to exceed $2,000,000 annually, divided evenly among each large electrical and gas corporation, as specified, for deposit into the Energy Programs Benefit Fund, which would be established by the bill. The bill would continuously appropriate the moneys in the fund to the office to support the work of the office in providing analyses under the bill. The bill would repeal these provisions on January 1, 2030. This bill contains other related provisions. (Based on 07/03/2024 text) Status: 08/05/2024 - In committee: Referred to APPR suspense file. Calendar: 08/15/24 S-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 2200 CABALLERO, ANNA, Chair AB 2462 (Calderon) Public Utilities Commission: written reports: energy. (Amended 06/20/2024) 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 Aug. 20, 2024 Item #2 Page 18 of 97 6 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 contain recommendations that may take longer than 12 months to implement, but could lead to substantial reductions in monthly electricity and natural gas utility bills, and considerations of how the adoption of decarbonization policies, including electrification, may impact total energy costs borne by consumers, as provided. This bill contains other related provisions and other existing laws. (Based on 06/20/2024 text) Status: 08/05/2024 - In committee: Referred to APPR suspense file. Calendar: 08/15/24 S-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 2200 CABALLERO, ANNA, Chair AB 2666 (Boerner) Public utilities: rate of return. (Amended 07/03/2024) 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 the approval of each general rate case, to review which costs, if any, differed from the general rate case forecasts for each electrical corporation or gas corporation, 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 processes 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 differed from actual costs. This bill contains other related provisions and other existing laws. (Based on 07/03/2024 text) Status: 08/05/2024 - In committee: Referred to APPR suspense file. Calendar: 08/15/24 S-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 2200 CABALLERO, ANNA, Chair SB 1292 (Bradford) Electricity: fixed charges: report. (Amended 07/03/2024) 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 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 Aug. 20, 2024 Item #2 Page 19 of 97 7 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 new residential fixed charge other than those authorized before July 1, 2024, until 30 days after the report is submitted. (Based on 07/03/2024 text) Status: 08/07/2024 - August 7 set for first hearing. Placed on suspense file. Calendar: 08/15/24 A-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 1100 WICKS, BUFFY, 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 Aug. 20, 2024 Item #2 Page 20 of 97 8 exceed $10 per 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 07/03/2024) 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 multiple customers with meters at an apartment building on a single property, or configured to serve multiple meters of a single customer on a public school property, or a set of contiguous public school properties owned, leased, or rented by the public school customer, meets certain requirements, as specified. The bill would require the commission, no later than July 1, 2027, to ensure that any contract or tariff established by the commission pursuant to a specified commission decision meets specified requirements, as provided. This bill contains other related provisions and other existing laws. (Based on 07/03/2024 text) Status: 08/07/2024 - August 7 set for first hearing. Placed on suspense file. Calendar: 08/15/24 A-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 1100 WICKS, BUFFY, Chair SB 1418 (Archuleta) Hydrogen-fueling stations: expedited review. (Amended 07/03/2024) Link Existing law, the Planning and Zoning Law, requires every city, county, and city and county to administratively approve an application to install electric vehicle charging stations and hydrogen-fueling stations through the issuance of a building permit or similar nondiscretionary permit. Existing law, the Planning and Zoning Law, requires each city, county, and city and county to adopt an ordinance that creates an expedited, streamlined permitting process for electric vehicle charging stations. Existing law authorizes a city, county, or city and county developing an ordinance to refer to the recommendations contained in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist,” as specified. Existing Aug. 20, 2024 Item #2 Page 21 of 97 9 law requires a city, county, and city and county, in developing the expedited permitting process, to adopt a checklist of all requirements with which electric vehicle charging stations must comply to be eligible for expedited review. For these purposes, existing law defines “hydrogen-fueling station” to mean the equipment used to store and dispense hydrogen fuel to vehicles according to industry codes and standards that is open to the public. Existing law requires a hydrogen-fueling station to meet certain requirements, including any rules established by the State Air Resources Board, Energy Commission, or Department of Food and Agriculture regarding safety, reliability, weights, and measures. This bill would modify the definition of “hydrogen-fueling station” to mean the equipment and structural design components necessary to ensure the safety of the fueling station, including hydrogen-refueling canopies, that are used to store and dispense hydrogen fuel to vehicles according to industry codes and standards that are open to the public. This bill would modify the requirements a hydrogen-fueling station must meet to include all applicable state laws and regulations pertaining to hydrogen fueling, including any rules established by the State Air Resources Board, Energy Commission, or Department of Food and Agriculture regarding safety, reliability, weights, and measures. This bill contains other related provisions and other existing laws. (Based on 07/03/2024 text) Status: 08/08/2024 - Read second time. Ordered to third reading. Calendar: 08/15/24 #111 A-THIRD READING FILE - SENATE BILLS 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. Aug. 20, 2024 Item #2 Page 22 of 97 10 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: 07/01/2024 - In committee: Referred to suspense file. Calendar: 08/15/24 S-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 2200 CABALLERO, ANNA, Chair AB 2236 (Bauer-Kahan) Solid waste: reusable grocery bags: standards: plastic film prohibition. (Amended 07/03/2024) 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 prohibit a store from providing, distributing, or selling a Aug. 20, 2024 Item #2 Page 23 of 97 11 bag to a customer at the point of sale, except as provided. The bill would also repeal the provisions relating to standards for and the 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 07/03/2024 text) Status: 08/05/2024 - In committee: Referred to APPR suspense file. Position: Support Calendar: 08/15/24 S-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 2200 CABALLERO, ANNA, Chair Notes: 06/21/24: DC tagged as pending support. 6/26/24: EN sent the City a draft letter for review. 7/3/24: SG me too'd in Senate Environmental Quality. 7/8/24: EN received final letter, tagged as support, submitted to portal, and emailed delegation and governor's office. AB 2346 (Lee) Organic waste reduction regulations: procurement of recovered organic waste products. (Amended 07/03/2024) 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 basis as long as the purchase of those products occurs during the year for which the local jurisdiction seeks credit, and under other specified circumstances. The bill would also authorize local jurisdictions to count towards their procurement targets, compost produced and procured from specified compost operations, as defined, and, specified investments and expenditures Aug. 20, 2024 Item #2 Page 24 of 97 12 related to meeting its procurement target, as provided. The bill would allow the department, on or before January 1, 2027, to reevaluate, on a regular basis as determined by the department, the per capita procurement target calculation. The bill would authorize a local jurisdiction to determine a local per capita procurement target using information from a local jurisdiction waste characterization study, as specified. The bill would authorize a local jurisdiction to procure a quantity of recovered organic waste products that meets or exceeds a 5-year procurement target, as specified. The bill would require the department, in adopting and revising regulations, to consider other pathways to prioritize local use of compost and to consider developing and adopting methods to prioritize local use of compost, as specified. (Based on 07/03/2024 text) Status: 08/05/2024 - In committee: Referred to APPR suspense file. Calendar: 08/15/24 S-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 2200 CABALLERO, ANNA, Chair 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: 06/13/2024 - Adopted and to Assembly. (Ayes 37. Noes 0.) In Assembly. Concurrence in Senate amendments pending. Position: Support Calendar: 08/15/24 #1 A-CONCURRENCE IN SENATE AMENDMENTS 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. 6/5/24: Bill was on consent in Sen EQ. 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 Aug. 20, 2024 Item #2 Page 25 of 97 13 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 972 (Min) Methane emissions: organic waste: landfills. (Amended 06/19/2024) 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 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 06/19/2024 text) Status: 07/02/2024 - July 2 set for first hearing. Placed on suspense file. Calendar: 08/15/24 A-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 1100 WICKS, BUFFY, Chair Notes: CalCities sponsored SB 1053 (Blakespear) Solid waste: reusable grocery bags: standards: plastic film prohibition. (Amended 07/03/2024) 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 Aug. 20, 2024 Item #2 Page 26 of 97 14 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 prohibit a store from providing, distributing, or selling a bag to a customer at the point of sale, except as provided. The bill would also repeal the provisions relating to standards for and the 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 07/03/2024 text) Status: 08/08/2024 - Read second time. Ordered to third reading. Position: Support Calendar: 08/15/24 #100 A-THIRD READING FILE - SENATE BILLS (Floor Mgr.- Bauer-Kahan) Notes: 06/11/24: DC tagged as pending support. 6/14/24: EN sent draft letter to the City for review. 6/26/24: EN received final letter, tagged as support, submitted to Assembly Natural Resources, emailed delegation and governor's office. 7/1/24: EN me too'd in support in Assembly Natural Resources. SB 1175 (Ochoa Bogh) Organic waste: reduction goals: local jurisdictions: waivers. (Amended 05/13/2024) Link 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 Aug. 20, 2024 Item #2 Page 27 of 97 15 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: 06/19/2024 - June 19 set for first hearing. Placed on suspense file. Calendar: 08/15/24 A-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 1100 WICKS, BUFFY, Chair SB 1193 (Menjivar) Airports: leaded aviation gasoline. (Amended 06/27/2024) 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 on or after January 1, 2031, as provided. Because these provisions would be 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 06/27/2024 text) Status: 08/08/2024 - Read second time. Ordered to third reading. Calendar: 08/15/24 #106 A-THIRD READING FILE - SENATE BILLS SB 1361 (Blakespear) California Environmental Quality Act: exemption: local agencies: contract for providing services for people experiencing homelessness. (Enrollment 08/13/2024) 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 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 Aug. 20, 2024 Item #2 Page 28 of 97 16 providing services for people experiencing homelessness, as provided. This bill contains other existing laws. (Based on 08/07/2024 text) Status: 08/13/2024 - Enrolled and presented to the Governor at 2 p.m. Governmental Operations AB 1725 (McCarty) Law enforcement settlements and judgments: reporting. (Amended 06/05/2024) 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 settlements or judgments paid by insurance. 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. This bill contains other related provisions and other existing laws. (Based on 06/05/2024 text) Status: 06/17/2024 - In committee: Referred to suspense file. Calendar: 08/15/24 S-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 2200 CABALLERO, ANNA, Chair AB 2257 (Wilson) Local government: property-related water and sewer fees and assessments: remedies. (Amended 08/05/2024) 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 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 Aug. 20, 2024 Item #2 Page 29 of 97 17 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. (Based on 08/05/2024 text) Status: 08/05/2024 - Read second time and amended. Ordered to third reading. Position: Support Calendar: 08/15/24 #173 S-ASSEMBLY BILLS - THIRD READING FILE (Floor Mgr.- Caballero) 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. 6/10/24: EN received final letter, submitted to Senate Judiciary and Senate Local Government, emailed delegation and governor's office. 6/18/24: AS testified in support in Senate Judiciary. 7/3/24: EN me too'd in support in Senate Local Government. AB 2421 (Low) Employer-employee relations: confidential communications. (Amended 06/17/2024) Link Existing law that governs the labor relations of public employees and employers, including the Meyers-Milias-Brown Act, the Ralph C. Dills Act, and provisions relating to judicial employees, public schools, higher education, the San Francisco Bay Area Rapid Transit District, the Santa Cruz Metropolitan Transit District, the Sacramento Regional Transit District, and other public transit employees, prohibits employers from taking certain actions relating to employee organizations. This includes 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 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 judicial 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. The bill would provide that communications between an employee and their employee representative would not be confidential if, at any time, the representative was a witness or party to any of the events forming the basis of a potential administrative disciplinary or criminal investigation. (Based on 06/17/2024 text) Status: 08/05/2024 - In committee: Referred to APPR suspense file. Aug. 20, 2024 Item #2 Page 30 of 97 18 Calendar: 08/15/24 S-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 2200 CABALLERO, ANNA, Chair AB 2455 (Gabriel) Whistleblower protection: state and local government procedures. (Amended 06/27/2024) 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 government activity, existing law authorizes a city or county auditor to conduct an investigative audit of the matter, as specified. Existing law requires the identity of the individual or individuals reporting the improper government activity, and the subject employee or employees to be kept confidential. Existing law defines “fraud, waste, or abuse” to mean any activity by a local agency or employee that is undertaken in the performance of the employee’s official duties, as described, that is in violation of any local, state, or federal law or regulation relating to, among other things, corruption. This bill would also authorize a city, county, or city and county auditor or controller to maintain a whistleblower hotline to receive calls from persons who have information regarding improper governmental activity, and would recast information regarding fraud, waste, or abuse by local government employees as improper governmental activity. The bill would instead authorize a city or county auditor or controller, or auditor’s or controller’s designee, to conduct an investigative audit of the matter upon receiving specific information that an employee or local government has engaged in a fraud, waste, or abuse or improper governmental activity, as specified. The bill would also require the identity of the individual or individuals reporting the fraud, waste, or abuse, and the subject employee or employees to be kept confidential. The bill would expand the above-described duties and authorizations to the auditor’s or controller’s designee, as specified. The bill would revise the definition of “fraud, waste, or abuse” to also define “improper governmental activity,” and expand the scope of those terms to include activity by a local agency, employee, or contractor or subcontractor. (Based on 06/27/2024 text) Status: 08/05/2024 - In committee: Referred to APPR suspense file. Calendar: 08/15/24 S-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 2200 CABALLERO, ANNA, Chair AB 2557 (Ortega) Local agencies: contracts for special services and temporary help: performance reports. (Amended 07/03/2024) Link Existing 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 Aug. 20, 2024 Item #2 Page 31 of 97 19 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, as of July 1, 2025, each board of supervisors that solicits for and enters into a specified contract for special services, except as specified, to post that contract and any related documents, as specified, on its internet website. The bill would require, as of July 1, 2026, each contract, as described above, to include, among other things, the objectives, desirables, and goals of the contract. The bill would require, before beginning a procurement process to contract for functions, duties, responsibilities, or services, as specified, the board of supervisors, or its representative, to give reasonable written notice to the exclusive employee representative of the workforce affected by the contract of its determination to begin that process. The bill would also require, at least 30 days before the modification or renewal of the above-described contract, the board of supervisors, or its representative, to notify, as specified, the exclusive employee representative of the workforce affected by the contract of the intent to modify or renew the contract. This bill contains other related provisions and other existing laws. (Based on 07/03/2024 text) Status: 08/05/2024 - In committee: Referred to APPR suspense file. Position: Oppose Calendar: 08/15/24 S-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 2200 CABALLERO, ANNA, Chair Notes: 6/6/24: EN tagged as oppose. 6/20/24: EN sent updated draft to the City for review. 6/24/24: EN received final letter, tagged as oppose, submitted to Senate Labor, emailed delegation and governor's office. 7/3/24: AS testified in opposition in Senate Labor. AB 2561 (McKinnor) Local public employees: vacant positions. (Amended 07/03/2024) 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 high vacancy rates for more than 180 days, at the request of the recognized employee organization, to promptly meet and confer with the representative of the recognized employee organization within 21 days about substantive strategies to fill vacancies and to hold a public hearing within 90 days about high vacancy rates and specified related matters. By imposing new duties on local public agencies, the bill would impose a state-mandated local program. The bill would also include related legislative findings. This bill contains other related provisions and other existing laws. (Based on 07/03/2024 text) Status: 08/05/2024 - In committee: Referred to APPR suspense file. Aug. 20, 2024 Item #2 Page 32 of 97 20 Position: Oppose Calendar: 08/15/24 S-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 2200 CABALLERO, ANNA, Chair Notes: 5/21/24: EN tagged as oppose. 5/28/24: EN sent the City a draft letter for review. 6/10/24: EN received final letter, submitted to Senate Labor, emailed delegation and governor's office. 7/3/24: AS testified in opposition in Senate Labor. AB 2776 (Rodriguez) Recovery from disaster or emergency: funding priority. (Amended 05/20/2024) Link Existing law, the California Emergency Services Act, among other things, creates the Office of Emergency Services (OES), which is responsible for the state’s emergency and disaster response services, as specified. The OES is under the supervision of the Director of Emergency Services. During a state of war emergency, a state of emergency, or a local emergency, existing law requires the director to coordinate the emergency activities of all state agencies in connection with that emergency. This bill would authorize the OES to prioritize funding and technical assistance under specified programs, including, but not limited to, for infrastructure and housing recovery projects, in communities that suffered a loss in population and businesses due to a major federal disaster, state of emergency, or local emergency and have unmet recovery needs as a result of a major federal disaster, state of emergency, or local emergency. (Based on 05/20/2024 text) Status: 08/05/2024 - In committee: Referred to APPR suspense file. Position: Support Calendar: 08/15/24 S-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 2200 CABALLERO, ANNA, Chair Notes: 7/18/24: EN tagged as support. 7/24/24: EN sent draft letter to the City for review. 8/5/24: EN followed up with the City on the letter. EN received final letter, submitted to portal, emailed delegation and governor's office. AB 2939 (Rendon) Parks: counties and cities: interpretive services. (Amended 06/05/2024) 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 Aug. 20, 2024 Item #2 Page 33 of 97 21 counties to treat this use of the local park in the same manner as general public use of the local park, except as provided, 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 06/05/2024 text) Status: 08/12/2024 - Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0.). In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 14 pursuant to Assembly Rule 77. Calendar: 08/15/24 #18 A-CONCURRENCE IN SENATE AMENDMENTS 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: 08/08/2024 - Read second time. Ordered to third reading. Position: Support Calendar: 08/15/24 #96 A-THIRD READING FILE - SENATE BILLS 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 the City about the support letter. 1/29/24: EN followed up with City about the support letter. 1/29/24: Bill is on the Senate Aug. 20, 2024 Item #2 Page 34 of 97 22 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. 6/10/24: SG testified in support in Assembly Natural Resources. 6/11/24: EN submitted letter to Assembly Transportation, emailed delegation and governor's office, and sent letter to City. 7/1/24: DH me too'd in support in Assembly Transportation. SB 1050 (Bradford) California American Freedmen Affairs Agency: racially motivated eminent domain. (Amended 06/12/2024) 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 dispossessed 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 dispossessed owner is entitled to the return of the taken property, as specified, or other publicly held property, as defined, of equal value, or financial compensation, as specified. Upon a determination that the dispossessed owner is entitled to other publicly held property of equal value, the bill would require the Office of Legal Affairs to solicit and select, as specified, a list of recommendations of publicly held properties that are suitable as compensation, as provided. Upon a rejection of the determination of the Office of Legal Affairs by the state or local agency that took property by racially motivated eminent domain, the bill would authorize the dispossessed owner, as specified, to bring an action to challenge the taking or the amount of compensation, as provided. Upon a determination that an applicant is not a dispossessed 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 06/12/2024 text) Status: 07/02/2024 - July 2 set for first hearing. Placed on suspense file. Aug. 20, 2024 Item #2 Page 35 of 97 23 Calendar: 08/15/24 A-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 1100 WICKS, BUFFY, 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 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: 08/07/2024 - August 7 set for first hearing. Placed on suspense file. Calendar: 08/15/24 A-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 1100 WICKS, BUFFY, Chair SB 1214 (Nguyen) California Commission on the United States Semiquincentennial. (Amended 05/16/2024) Link Existing law establishes various commissions within state government. This bill would, until January 1, 2028, establish the California Commission on the United States Semiquincentennial in state government to celebrate the 250th anniversary of the signing of the Declaration of Independence and the founding of the United States of America. The bill would require the commission to plan and coordinate commemorations and observances of the 250th anniversary of the Declaration of Independence and the American Revolution. The bill would require the commission to be solely supported by private or federal funds made available for the purpose of supporting the commission. The bill would require that these funds be deposited in the Aug. 20, 2024 Item #2 Page 36 of 97 24 Semiquincentennial Fund, and would create that fund in the State Treasury. The bill would require funds in the Semiquincentennial Fund to be available, upon appropriation by the Legislature, as specified. The bill would require the records, files, and other memoranda of the commission, other than any private possessions, to be deposited and filed with the State Archives before January 1, 2028, and would require the State Archives to receive those materials. These provisions would become operative only if the Treasurer determines that sufficient private or federal funds have been made available. (Based on 05/16/2024 text) Status: 07/02/2024 - July 2 set for first hearing. Placed on suspense file. Position: Support Calendar: 08/15/24 A-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 1100 WICKS, BUFFY, Chair Notes: 7/18/24: EN tagged as support. 7/24/24: EN sent draft letter to the City for review. 8/5/24: EN followed up with the City on the letter. EN received final letter, submitted to portal, emailed delegation and governor's office. 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 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: 08/08/2024 - Read second time. Ordered to third reading. Calendar: 08/15/24 #112 A-THIRD READING FILE - SENATE BILLS Aug. 20, 2024 Item #2 Page 37 of 97 25 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 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 06/20/2024) 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 Aug. 20, 2024 Item #2 Page 38 of 97 26 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, subject to confirmation by the Senate, 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 would authorize the coordinator to adjust state goals to the extent allowed by state law. (Based on 06/20/2024 text) Status: 08/05/2024 - In committee: Referred to APPR suspense file. Calendar: 08/15/24 S-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 2200 CABALLERO, ANNA, Chair Housing and Land Use 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 06/05/2024) Link Aug. 20, 2024 Item #2 Page 39 of 97 27 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 a city, county, or city and county 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, county, or city and county, the bill would require the development proponent to request the fee schedule from the agency that imposes the fee without delay. 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 06/05/2024 text) Status: 08/06/2024 - Read second time. Ordered to third reading. Calendar: 08/15/24 #186 S-ASSEMBLY BILLS - THIRD READING FILE (Floor Mgr.- Blakespear) AB 1886 (Alvarez) Housing Element Law: substantial compliance: Housing Accountability Act. (Amended 07/01/2024) 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 Aug. 20, 2024 Item #2 Page 40 of 97 28 adopted housing element or amendment, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 07/01/2024 text) Status: 08/06/2024 - Read second time. Ordered to third reading. Position: Oppose Calendar: 08/15/24 #190 S-ASSEMBLY BILLS - THIRD READING FILE Notes: 5/21/24: EN tagged as oppose. 5/28/24: EN sent the City a draft letter for review. 6/10/24: EN received final letter, submitted to Senate Housing, emailed delegation and governor's office. 6/18/24: EN testified in opposition in Senate Housing. AB 1889 (Friedman) Conservation element: wildlife and habitat connectivity. (Amended 06/12/2024) 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 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 06/12/2024 text) Status: 08/05/2024 - In committee: Referred to APPR suspense file. Calendar: 08/15/24 S-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 2200 CABALLERO, ANNA, Chair Aug. 20, 2024 Item #2 Page 41 of 97 29 AB 1893 (Wicks) Housing Accountability Act: housing disapprovals: required local findings. (Amended 06/26/2024) 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. Among these conditions, the act allows a local agency to disapprove a housing development project that is inconsistent with the jurisdiction’s zoning ordinances and general plan land use designation as it existed on the date the application was deemed complete, if the jurisdiction has adopted a revised housing element that is in substantial compliance with the Housing Element Law, as specified. This bill would make various changes to that condition. The bill would specify that a local agency may disapprove or condition approval of a housing development project or emergency shelter, as described above, if the local agency makes written findings that on the date the application for the housing development project or emergency shelter was deemed complete the jurisdiction did not have an adopted revised housing element that was in substantial compliance with the Housing Element Law and the housing development project is not a builder’s remedy project, as defined. This bill contains other related provisions and other existing laws. (Based on 06/26/2024 text) Status: 08/12/2024 - In committee: Referred to APPR suspense file. Calendar: 08/15/24 S-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 2200 CABALLERO, ANNA, Chair AB 2023 (Quirk-Silva) Housing element: inventory of land: rebuttable presumptions. (Amended 06/26/2024) 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 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 Aug. 20, 2024 Item #2 Page 42 of 97 30 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 06/26/2024 text) Status: 08/13/2024 - Read second time. Ordered to third reading. Calendar: 08/15/24 #297 S-ASSEMBLY BILLS - THIRD READING FILE AB 2085 (Bauer-Kahan) Planning and zoning: permitted use: community clinic. (Amended 07/03/2024) 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. The bill would provide that a development eligible for approval pursuant to this process is not a “project” for purposes of CEQA, thereby expanding the exemption for ministerial approval of projects under CEQA. By increasing duties on local governments in reviewing and approving these developments, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 07/03/2024 text) Status: 08/05/2024 - In committee: Referred to APPR suspense file. Aug. 20, 2024 Item #2 Page 43 of 97 31 Calendar: 08/15/24 S-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 2200 CABALLERO, ANNA, Chair AB 2149 (Connolly) Gates: standards: inspection. (Amended 07/03/2024) Link Existing law authorizes an owner of real property to install and operate on their property an electrified security fence, as defined, to protect and secure commercial, manufacturing, or industrial property, that meets specified requirements, except where a local ordinance prohibits that installation and operation. If a local ordinance allows the installation and operation of an electrified security fence, existing law requires the installation and operation of the electrified security fence to meet the requirements of that ordinance. This bill would require a regulated gate, defined as any gate that weighs more than 50 pounds and is more than 48 inches wide or more than 84 inches high that is intended to be used by the public, an entire community or neighborhood, or any considerable number of persons, except as specified, to meet certain standards. The bill would require each building department to update, on or before July 1, 2026, its code requirements to ensure that any newly installed regulated gate in its jurisdiction meets those standards. The bill would require the owner of a regulated gate to have it inspected on or before July 1, 2026, or upon installation, and have it reinspected, thereafter, at least once every 10 years. The bill would require an owner to maintain a written report regarding the regulated gate’s compliance with the specified requirements for at least 10 years and make the report available to the building department upon request. The bill would require the owner of a regulated gate that a professional or qualified employee, as defined, determines, upon inspection, to pose an immediate threat to safety to immediately stop the use of the gate until necessary repairs are completed and to engage a contractor or qualified employee to perform the repairs necessary to mitigate the emergency condition. The bill would require the owner of a regulated gate to engage a contractor or qualified employee to repair a regulated gate that is in need of repairs within a prescribed period, subject to imposition of an administrative fine by the building department, as specified. The bill would deem a regulated gate that fails to comply with these provisions 30 days after the owner of the gate has been notified of the violation, a public nuisance, and specify that in any case in which a government agency seeks to enjoin the continued use of a regulated gate that is in need of repair or replacement or that poses an immediate threat to the safety of the public, an entire community or neighborhood, or any considerable number of persons, the court may award costs, including the costs of investigation and discovery, and reasonable attorney’s fees, that are not compensated for pursuant to some other provision of law, to the prevailing party. The bill would authorize a district attorney, county counsel, or city attorney to file a complaint for injunctive relief, or seeking a civil penalty, against an owner of a regulated gate for a violation of these provisions. Because the bill would require local officials to perform additional duties, it would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 07/03/2024 text) Status: 08/05/2024 - In committee: Referred to APPR suspense file. Aug. 20, 2024 Item #2 Page 44 of 97 32 Calendar: 08/15/24 S-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 2200 CABALLERO, ANNA, Chair AB 2199 (Berman) California Environmental Quality Act: exemption: residential or mixed-use housing projects. (Amended 06/06/2024) 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. 2032. 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 06/06/2024 text) Status: 08/06/2024 - Read second time. Ordered to third reading. Calendar: 08/15/24 #205 S-ASSEMBLY BILLS - THIRD READING FILE AB 2243 (Wicks) Affordable Housing and High Road Jobs Act of 2022: objective standards and affordability and site criteria. (Amended 08/05/2024) 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 08/05/2024 text) Aug. 20, 2024 Item #2 Page 45 of 97 33 Status: 08/12/2024 - In committee: Referred to APPR suspense file. Calendar: 08/15/24 S-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 2200 CABALLERO, ANNA, Chair 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: 08/05/2024 - In committee: Referred to APPR suspense file. Calendar: 08/15/24 S-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 2200 CABALLERO, ANNA, Chair AB 2430 (Alvarez) Planning and zoning: density bonuses: monitoring fees. (Amended 06/20/2024) 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- Aug. 20, 2024 Item #2 Page 46 of 97 34 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 06/20/2024 text) Status: 08/08/2024 - From Consent Calendar. Ordered to third reading. Calendar: 08/15/24 #267 S-ASSEMBLY BILLS - THIRD READING FILE AB 2485 (Carrillo, Juan) Regional housing need: determination. (Amended 07/03/2024) 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), in consultation with each council of governments, where applicable, to determine the existing and projected need for housing for each region, at least 2 years prior to the scheduled revision of the housing element, as specified. That law requires the department’s determination to be based upon population projections produced by the Department of Finance and regional population forecasts developed by the council of governments and used for the preparation of the regional transportation plan, 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 a 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, requires the department, after consultation with the council of governments, to make determinations on the data assumptions and the methodology the department will use to determine the region’s housing need, as specified. That law requires the department to provide its determinations to the council of governments, as specified. This bill would for the 8th and subsequent revisions of the housing element require the department to convene and engage stakeholders to consider improvements to the process of determining the existing and projected housing need for each region before determining any region’s existing projected housing need. The bill would require the department, prior to finalization of the regional determination, as specified, to publish on the department’s internet website a summary of the information the department considered and determinations made by the department to improve the process of determining the existing and projected housing need for each region. The bill would additionally require the department to publish on its internet website the data sources, analyses, and methodology, including assumptions and factors used in and applied to the Department of Finance’s population projections and engagement process with the council of governments prior to finalization of the regional determination. The bill would additionally require the department to publish its determinations on the data Aug. 20, 2024 Item #2 Page 47 of 97 35 assumptions and methodology it will use to determine a region’s housing need on the department’s internet website. (Based on 07/03/2024 text) Status: 08/05/2024 - In committee: Referred to APPR suspense file. Calendar: 08/15/24 S-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 2200 CABALLERO, ANNA, Chair AB 2533 (Carrillo, Juan) Accessory dwelling units: junior accessory dwelling units: unpermitted developments. (Amended 05/30/2024) Link Existing law, the Planning and Zoning Law, authorizes a local agency, by ordinance or ministerial approval, to provide for the creation of accessory dwelling units in areas zoned for residential use, as specified. Existing law prohibits a local agency from denying a permit for an unpermitted accessory dwelling unit that was constructed before January 1, 2018, because the accessory dwelling unit is in violation of building standards or state or local standards applicable to accessory dwelling units, unless the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or the occupants of the structure. Existing law makes those provisions inapplicable to a substandard building, as specified. This bill would instead prohibit a local agency from denying a permit for an unpermitted accessory dwelling unit or junior accessory dwelling unit that was constructed before January 1, 2020, for those violations, unless the local agency makes a finding that correcting the violation is necessary to comply with conditions that would otherwise deem a building substandard. The bill would require a local agency to inform the public about the provisions prohibiting denial of a permit for an unpermitted accessory dwelling unit or junior accessory dwelling unit. The bill would require this information to include a checklist of the conditions that deem a building substandard and to inform homeowners that, before submitting a permit application, the homeowner may obtain a confidential third-party code inspection from a licensed contractor. The bill would prohibit a local agency from requiring a homeowner to pay impact fees or connection or capacity charges except under specified circumstances. By imposing additional duties on local agencies, the bill would impose a state-mandated local program. The bill would authorize an inspector from a local agency, upon receiving an application for a permit for a previously unpermitted accessory dwelling unit or junior accessory dwelling unit constructed before January 1, 2020, to inspect the unit for compliance with health and safety standards and provide recommendations to comply with health and safety standards. The bill would prohibit the local agency from penalizing an applicant for having the unpermitted accessory dwelling unit and would require the local agency to approve necessary permits to correct noncompliance with health and safety standards. This bill contains other related provisions and other existing laws. (Based on 05/30/2024 text) Status: 08/12/2024 - From Consent Calendar. Ordered to third reading. Calendar: 08/15/24 #283 S-ASSEMBLY BILLS - THIRD READING FILE Aug. 20, 2024 Item #2 Page 48 of 97 36 AB 2553 (Friedman) Housing development: major transit stops: vehicular traffic impact fees. (Amended 08/13/2024) 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 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 08/13/2024 text) Status: 08/13/2024 - Read third time and amended. Ordered to second reading. Calendar: 08/15/24 #4 S-ASSEMBLY BILLS - SECOND READING FILE (Floor Mgr.- Padilla) AB 2560 (Alvarez) Density Bonus Law: California Coastal Act of 1976. (Amended 07/01/2024) 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 instead provide that, in the coastal zone, the Density Bonus Law does not relieve a project from the requirement to obtain a coastal development permit, as specified. The bill would require any density bonus, concessions, incentives, waivers or reductions of development standards, and parking ratios to which an applicant is entitled to be permitted in a manner that is consistent with the Density Bonus Law and does not result in significant adverse impacts to coastal resources and public coastal access, as specified. This bill contains other related provisions and other existing laws. (Based on 07/01/2024 text) Aug. 20, 2024 Item #2 Page 49 of 97 37 Status: 08/12/2024 - In committee: Referred to APPR suspense file. Position: Oppose Calendar: 08/15/24 S-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 2200 CABALLERO, ANNA, Chair Notes: 6/6/24: EN tagged as oppose. City signing onto coalition oppose letter. 6/18/24: EN received coalition letter. EN testified in opposition in Senate Housing. 6/25/24: EN me too'd in opposition in Senate Natural Resources and Water. 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 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: 06/27/2024 - From Consent Calendar. Ordered to third reading. Position: Support Calendar: 08/15/24 #110 S-ASSEMBLY BILLS - THIRD READING FILE Notes: CalCities sponsored 6/6/24: EN tagged as support. 6/14/24: EN sent draft letter to the City for review. 6/24/24: EN received final letter, tagged as support, submitted to portal, emailed delegation and governor's office. AB 2583 (Berman) School zones: speed limits. (Amended 06/27/2024) Link Existing law establishes a prima facie speed limit of 25 miles per hour when approaching or passing a school building or grounds contiguous to a highway or when the school grounds are not separated from the highway, as specified. Existing law authorizes a local authority, by ordinance or resolution, to reduce the prima facie speed limit based on an engineering and traffic survey, as specified. This bill would, until January 1, 2028, instead establish a prima facie speed limit of 25 miles per hour in a school zone, as defined, subject to specified conditions, Aug. 20, 2024 Item #2 Page 50 of 97 38 including, among others, when a school speed limit sign states “when children are present” and children are present, as defined, and when a school speed limit sign states specific hours, as specified. The bill would, notwithstanding the above provision and until January 1, 2028, authorize a local authority, by ordinance or resolution, to determine and declare a prima facie speed limit of 20 miles per hour in a school zone. The bill would, beginning on January 1, 2028, establish a prima facie speed limit of 20 miles per hour in a school zone, subject to conditions similar to those described above. By establishing new prima facie speed limits in school zones that would require changes to local speed limit signs, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 06/27/2024 text) Status: 08/05/2024 - In committee: Referred to APPR suspense file. Calendar: 08/15/24 S-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 2200 CABALLERO, ANNA, Chair AB 2632 (Wilson) Planning and zoning: thrift retail stores. (Amended 07/02/2024) Link 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 07/02/2024 text) Status: 08/06/2024 - Read second time. Ordered to third reading. Calendar: 08/15/24 #224 S-ASSEMBLY BILLS - THIRD READING FILE AB 2667 (Santiago) Affirmatively furthering fair housing: housing element: reporting. (Amended 06/17/2024) Link 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 Aug. 20, 2024 Item #2 Page 51 of 97 39 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. 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 06/17/2024 text) Status: 08/05/2024 - In committee: Referred to APPR suspense file. Calendar: 08/15/24 S-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 2200 CABALLERO, ANNA, Chair 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 06/06/2024) 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 protection of the community from unreasonable risks Aug. 20, 2024 Item #2 Page 52 of 97 40 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 06/06/2024 text) Status: 06/18/2024 - Read second time. Ordered to third reading. Position: Support Calendar: 08/15/24 #74 S-ASSEMBLY BILLS - THIRD READING FILE (Floor Mgr.- Stern) 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 06/17/2024) 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. 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 available for 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 06/17/2024 text) Status: 08/05/2024 - In committee: Referred to APPR suspense file. Aug. 20, 2024 Item #2 Page 53 of 97 41 Calendar: 08/15/24 S-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 2200 CABALLERO, ANNA, Chair AB 2729 (Patterson, Joe) Development projects: permits and other entitlements: fees and charges. (Amended 08/05/2024) 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 18 months the period for the expiration, effectuation, or utilization of a housing entitlement, as defined, that was issued before January 1, 2024, and that will expire before December 31, 2025, except as specified. The bill would toll this 18-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 existing laws. (Based on 08/05/2024 text) Status: 08/13/2024 - Read second time. Ordered to third reading. Position: Oppose Calendar: 08/15/24 #299 S-ASSEMBLY BILLS - THIRD READING FILE (Floor Mgr.- Wiener) Notes: 5/21/24: EN tagged as oppose. 5/28/24: EN sent the City a draft letter for review. 6/10/24: EN received final letter, submitted to Senate Local Government, emailed delegation and governor's office. 6/11/24: Bill pulled. 6/26/24: EN submitted letter to Senate Housing, emailed governor's office and delegation, and sent letter to the City. 6/26/24: EN me too'd in opposition in Senate Local Government. 7/2/24: AS me too'd in opposition in Senate Housing. 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, Aug. 20, 2024 Item #2 Page 54 of 97 42 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: 06/11/2024 - Read second time. Ordered to third reading. Calendar: 08/15/24 #51 S-ASSEMBLY BILLS - THIRD READING FILE (Floor Mgr.- Skinner) 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, 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: 06/05/2024 - Read second time. Ordered to third reading. Aug. 20, 2024 Item #2 Page 55 of 97 43 Calendar: 08/15/24 #43 S-ASSEMBLY BILLS - THIRD READING FILE (Floor Mgr.- Becker) AB 3012 (Grayson) Development fees: fee schedule template: fee estimate tool. (Amended 06/12/2024) 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 would authorize 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 fewer 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 06/12/2024 text) Status: 08/05/2024 - In committee: Referred to APPR suspense file. Calendar: 08/15/24 S-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 2200 CABALLERO, ANNA, Chair AB 3057 (Wilson) California Environmental Quality Act: exemption: junior accessory dwelling units ordinances. (Enrollment 08/12/2024) 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 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) Aug. 20, 2024 Item #2 Page 56 of 97 44 Status: 08/12/2024 - Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0.). In Assembly. Ordered to Engrossing and Enrolling. AB 3093 (Ward) Land use: housing element: streamlined multifamily housing. (Amended 07/03/2024) 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 for the 7th and subsequent revisions of the housing element. This bill contains other related provisions and other existing laws. (Based on 07/03/2024 text) Status: 08/12/2024 - In committee: Referred to APPR suspense file. Position: Oppose Calendar: 08/15/24 S-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 2200 CABALLERO, ANNA, Chair Notes: 6/6/24: EN tagged as oppose. 6/10/24: EN sent draft letter to the City for review. 6/24/24: EN followed up with the City on the letter. 7/1/24: EN followed up with the City on the letter. City confirmed oppose position. EN tagged as oppose. 7/2/24: AS me too'd in opposition in Senate Housing. 7/8/24: EN received final letter, submitted to portal, emailed delegation and governor's office. AB 3122 (Kalra) Streamlined housing approvals: objective planning standards and subdivision applications. (Amended 07/01/2024) 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 is subject to a requirement mandating a minimum percentage of below market rate housing based on, among other things, that the project seeking approval dedicates 50% of the total number of units, as specified, to housing affordable to households making at or below 80% of the area median income. Existing law provides, however, that a local ordinance adopted by the Aug. 20, 2024 Item #2 Page 57 of 97 45 locality that requires that greater than 50% of the units be dedicated to housing affordable to households making at or below 80% of the area median income applies. This bill would also include as an objective planning standard, notwithstanding that provision, if the project application was submitted prior to January 1, 2019, and the project includes at least 500 units or more of housing, that the project dedicates 20% of the total number of units, as specified, as affordable units, with at least 9% affordable to households making at or below 50% of the area median income and the remainder affordable to households making at or below 80% of the area median income. The bill would instead provide, notwithstanding the above-described provisions, that a local ordinance adopted by the locality that requires that greater than 50%, or greater than 20%, as applicable, of the units be dedicated to housing affordable to households making at or below 80% of the area median income applies. This bill contains other related provisions and other existing laws. (Based on 07/01/2024 text) Status: 08/06/2024 - Read second time. Ordered to third reading. Calendar: 08/15/24 #242 S-ASSEMBLY BILLS - THIRD READING FILE AB 3177 (Carrillo, Wendy) Mitigation Fee Act: land dedications: mitigating vehicular traffic impacts. (Amended 06/13/2024) 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, as specified. 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 a transit priority area, as specified, 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 would prohibit a local agency from imposing a land dedication requirement, as defined, on a housing development to widen a roadway if the land dedication requirement is for the purpose of mitigating vehicular traffic impacts, achieving an adopted traffic level of service related to vehicular traffic, or achieving a desired roadway width. The bill, notwithstanding that prohibition, would authorize a local agency to, among other things, impose a land dedication requirement on a housing development if the housing development is not located in a transit priority area and the housing development has a linear street frontage of 500 feet or more. This bill contains other related provisions and other existing laws. (Based on 06/13/2024 text) Status: 08/06/2024 - Read second time. Ordered to third reading. Aug. 20, 2024 Item #2 Page 58 of 97 46 Calendar: 08/15/24 #247 S-ASSEMBLY BILLS - THIRD READING FILE (Floor Mgr.- Glazer) SB 7 (Blakespear) Regional housing need: determination. (Amended 06/10/2024) 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. That law, upon making that determination, authorizes the council of governments to object to the determination. This bill, for regions in which the department is required to distribute the regional housing need, would prohibit a city or county from filing an objection to the regional housing need determination. The bill would also make conforming changes. (Based on 06/10/2024 text) Status: 08/08/2024 - Read second time. Ordered to third reading. Calendar: 08/15/24 #95 A-THIRD READING FILE - SENATE BILLS (Floor Mgr.- Ward) 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 Aug. 20, 2024 Item #2 Page 59 of 97 47 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: 07/02/2024 - July 2 set for first hearing. Placed on suspense file. Calendar: 08/15/24 A-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 1100 WICKS, BUFFY, Chair SB 312 (Wiener) California Environmental Quality Act: university housing development projects: exemption. (Amended 07/03/2024) 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 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 the above-described exemption to be located on a campus site identified for housing in the most recent long-range development plan EIR or an EIR prepared for any subsequent amendment to that plan relating to housing, as specified. 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 07/03/2024 text) Status: 08/07/2024 - August 7 set for first hearing. Placed on suspense file. Aug. 20, 2024 Item #2 Page 60 of 97 48 Calendar: 08/15/24 A-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 1100 WICKS, BUFFY, 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. SB 937 (Wiener) Development projects: permits and other entitlements: fees and charges. (Amended 06/27/2024) 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 Aug. 20, 2024 Item #2 Page 61 of 97 49 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 for a priority designated 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 06/27/2024 text) Status: 08/08/2024 - Read second time. Ordered to third reading. Calendar: 08/15/24 #98 A-THIRD READING FILE - SENATE BILLS (Floor Mgr.- Joe Patterson) SB 951 (Wiener) California Coastal Act of 1976: coastal zone: coastal development. (Amended 06/27/2024) 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, for a jurisdiction within the coastal zone that has not identified adequate sites to accommodate the locality’s housing need for a designated income level, require completion of any necessary local coastal program amendments related to land use designations, changes in intensity of land use, zoning ordinances, or zoning district maps, as specified. 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 06/27/2024 text) Status: 08/07/2024 - August 7 set for first hearing. Placed on suspense file. Calendar: 08/15/24 A-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 1100 WICKS, BUFFY, Chair SB 1037 (Wiener) Planning and zoning: housing element: enforcement. (Amended 06/13/2024) Link Aug. 20, 2024 Item #2 Page 62 of 97 50 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 planning or permitting application related to 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 the local agency’s acts or omissions, as described, are arbitrary, capricious, or 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. This bill contains other related provisions. (Based on 06/13/2024 text) Status: 07/03/2024 - Read second time. Ordered to third reading. Position: Oppose Calendar: 08/15/24 #71 A-THIRD READING FILE - SENATE BILLS Notes: 5/21/24: EN tagged as oppose. 5/28/24: EN sent the City a draft letter for review. 6/10/24: EN received final letter, submitted to Assembly Housing and Judiciary, emailed delegation and governor's office. 6/12/24: SG testified in Assembly Housing. 6/18/24: AS testified in Senate Judiciary. 7/2/24: SG me too'd in opposition in Assembly Appropriations. SB 1077 (Blakespear) Coastal resources: local coastal program: amendments: accessory and junior accessory dwelling units. (Amended 06/27/2024) 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 Aug. 20, 2024 Item #2 Page 63 of 97 51 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 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 July 1, 2026, the commission, in coordination with the department, 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 and department’s respective internet websites, 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 06/27/2024 text) Status: 08/07/2024 - August 7 set for first hearing. Placed on suspense file. Calendar: 08/15/24 A-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 1100 WICKS, BUFFY, Chair 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: 07/02/2024 - July 2 set for first hearing. Placed on suspense file. Calendar: 08/15/24 A-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 1100 WICKS, BUFFY, Chair Aug. 20, 2024 Item #2 Page 64 of 97 52 SB 1123 (Caballero) Planning and zoning: subdivisions: ministerial review. (Amended 06/27/2024) Link Existing law, known as the Starter Home Revitalization Act of 2021, among other things, requires a local agency to ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets certain requirements, including that the housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units, is zoned for multifamily residential development, is no larger than 5 acres, as specified, and is no smaller than 600 square feet, except as provided. Existing law prohibits a local agency from imposing on the housing development an objective zoning standard, objective subdivision standard, or objective design standard that, among other things, physically precludes the development of a project built to specified densities. This bill would prohibit, if a local agency chooses to permit accessory dwelling units and junior accessory dwelling units, those units from counting as residential units for purposes of the above-described requirement that a housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units. The bill would revise the requirement that the lot be zoned for multifamily residential development and would instead require that the lot either be zoned for multifamily residential dwelling use or vacant, as defined, and zoned for single-family residential development. The bill would also revise the above-described requirements to instead include that the lot is no larger than 11/2 acres, as specified, and that if the parcels are zoned for single-family residential units, the newly created parcels on average are no less than 1,200 square feet. The bill would, notwithstanding the prohibition related to physical preclusion of a development described above, authorize a local agency to impose a specified height limit on a lot that is vacant and zoned for single-family residential development. This bill contains other related provisions and other existing laws. (Based on 06/27/2024 text) Status: 08/07/2024 - August 7 set for first hearing. Placed on suspense file. Position: Watch Calendar: 08/15/24 A-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 1100 WICKS, BUFFY, Chair Notes: 6/11/24: EN tagged as watch. SB 1134 (Caballero) Surplus land. (Amended 06/10/2024) 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 Aug. 20, 2024 Item #2 Page 65 of 97 53 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. This bill contains other existing laws. (Based on 06/10/2024 text) Status: 07/02/2024 - July 2 set for first hearing. Placed on suspense file. Calendar: 08/15/24 A-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 1100 WICKS, BUFFY, Chair 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 off 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: 08/07/2024 - August 7 set for first hearing. Placed on suspense file. Calendar: 08/15/24 A-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 1100 WICKS, BUFFY, Chair 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 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 Aug. 20, 2024 Item #2 Page 66 of 97 54 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: 08/12/2024 - From consent calendar on motion of Assembly Member Aguiar-Curry. Ordered to third reading. Calendar: 08/15/24 #129 A-THIRD READING FILE - SENATE BILLS 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: 08/05/2024 - From consent calendar on motion of Assembly Member Hart. Ordered to third reading. Calendar: 08/15/24 #87 A-THIRD READING FILE - SENATE BILLS (Floor Mgr.- Hart) Aug. 20, 2024 Item #2 Page 67 of 97 55 Open Meetings and Transparency AB 2095 (Maienschein) Publication: newspapers of general circulation. (Amended 06/27/2024) 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 the statewide internet website maintained as a repository for notices by a majority of California newspapers of general circulation, as specified. The bill would permit a newspaper that does not maintain its own internet website to satisfy these notice requirements by publishing the notice on the statewide internet website and referencing the statewide internet website in its print publication notice. The bill would provide that certain internet website operator errors or temporary outages or service interruptions resulting in an error in the legal notice published do not constitute a defect in publication, if the legal notice appears correctly in the newspaper’s print publication and satisfies all other legal notice requirements. The bill would prohibit a newspaper or the statewide internet website from charging any fee or surcharge specifically to access public notices on their internet website, except as specified. The bill would prohibit a newspaper from charging an additional fee or surcharge specifically for posting to the statewide internet website. The bill would also prohibit the statewide internet website from selling or sharing the personal information of consumers or using it for any purposes other than those explicitly outlined in the bill. This bill contains other related provisions. (Based on 06/27/2024 text) Status: 06/27/2024 - Read second time and amended. Ordered to third reading. Calendar: 08/15/24 #115 S-ASSEMBLY BILLS - THIRD READING FILE (Floor Mgr.- Umberg) 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 Aug. 20, 2024 Item #2 Page 68 of 97 56 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) Status: 06/06/2024 - Read second time. Ordered to third reading. Calendar: 08/15/24 #48 S-ASSEMBLY BILLS - THIRD READING FILE (Floor Mgr.- Laird) 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: 06/27/2024 - Read second time. Ordered to third reading. Position: Sponsor Calendar: 08/15/24 #119 S-ASSEMBLY BILLS - THIRD READING FILE (Floor Mgr.- Wahab) 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 Aug. 20, 2024 Item #2 Page 69 of 97 57 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. 6/6/24: EN submitted letter to Senate Judiciary, emailed delegation and the governor's office, and sent letter to City. 6/25/24: DH provided primary testimony in Senate Judiciary. Public Safety and EMS AB 1082 (Kalra) Authority to remove vehicles. (Amended 08/14/2023) Link Existing law authorizes a peace officer, as defined, or a regularly employed and salaried employee, who is engaged in directing traffic or enforcing parking laws and regulations, of a city, county, or jurisdiction of a state agency in which a vehicle is located, to remove a vehicle located within the territorial limits in which the officer or employee may act, under designated circumstances, including, but not limited to, when a vehicle is found upon a highway or public land or removed pursuant to the Vehicle Code, and has been issued 5 or more notices of parking violations to which the owner or person in control of the vehicle has not responded within a designated time period. Under existing law, a vehicle that has been removed and impounded under those circumstances that is not released may be subject to a lien sale to compensate for the costs of towage and for caring for and keeping safe the vehicle. Existing law authorizes a peace officer and specified public employees, as an alternative to removal of a vehicle, to immobilize the vehicle with a device designed and manufactured for that purpose, if, among other circumstances, the vehicle is found upon a highway or public lands by the peace officer or employee and it is known to have been issued 5 or more notices of parking violations that are delinquent because the owner or person in control of the vehicle has not responded to the appropriate agency within a designated time period. This bill would instead allow only an agent of public higher educational institutions, including the University of California, California State University, and California Community Colleges, to remove or immobilize a vehicle under those circumstances. The bill would limit the related authority to conduct a lien sale to cover towing and storage expenses to agents of public higher educational institutions, as specified. The bill would make various conforming and technical changes. This bill contains other related provisions and other existing laws. (Based on 08/14/2023 text) Status: 09/01/2023 - In committee: Held under submission. (Set for hearing on 08/15/2024) Calendar: 08/15/24 S-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 2200 CABALLERO, ANNA, Chair AB 1168 (Bennett) Emergency medical services (EMS): prehospital EMS. (Amended 07/13/2023) Link Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, governs local emergency medical services (EMS) systems and authorizes each county to develop an EMS program and designate a local EMS agency. Existing law requires a county to enter into a written agreement with a city or fire district that contracted Aug. 20, 2024 Item #2 Page 70 of 97 58 for or provided prehospital EMS as of June 1, 1980. Existing law requires, until that written agreement is reached, prehospital EMS to be continued at not less than the existing level and the administration of prehospital EMS by cities and fire districts contracting for or providing those services as of June 1, 1980, to be retained by those cities and fire districts. This bill would require a city to be treated as if it had retained its authorities regarding, and the administration of, prehospital EMS if specified requirements are met. If a joint powers agreement regarding prehospital EMS was initially executed on or after January 1, 2024, the bill would ensure a city or fire district retains its existing authorities regarding, and the administration of, prehospital EMS. This bill contains other related provisions and other existing laws. (Based on 07/13/2023 text) Status: 08/13/2024 - Read second time. Ordered to third reading. Calendar: 08/15/24 #304 S-ASSEMBLY BILLS - THIRD READING FILE Notes: CalCities sponsored AB 1779 (Irwin) Theft: jurisdiction. (Enrollment 08/12/2024) 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 08/12/2024 text) Status: 08/12/2024 - Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 71. Noes 0.). Enrolled and presented to the Governor at 3:30 p.m. Position: Support Notes: 5/21/24: EN tagged as support. 5/28/24: EN sent the City a draft letter for review. 6/10/24: EN received final letter, submitted to Senate Public Safety, emailed delegation and Aug. 20, 2024 Item #2 Page 71 of 97 59 governor's office. 6/11/24: EN testified in support in Senate Public Safety. 8/13/24: DC emailed request for signature letter to the governor's office. 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) Status: 08/05/2024 - In committee: Referred to APPR suspense file. Position: Support Calendar: 08/15/24 S-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 2200 CABALLERO, ANNA, Chair Notes: Note: This bill is part of the Assembly’s Public Safety Retail Theft Package and an intent bill. 06/11/24: DC tagged as pending support. 6/17/24: Bill was pulled from hearing. 6/24/24: EN received final letter, tagged as support, submitted to portal, emailed delegation and governor's office. AB 1802 (Jones-Sawyer) Crimes: organized theft. (Enrollment 08/12/2024) 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 Aug. 20, 2024 Item #2 Page 72 of 97 60 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 08/12/2024 text) Status: 08/12/2024 - Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 74. Noes 0.). Enrolled and presented to the Governor at 3:30 p.m. Position: Support 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. 6/11/24: EN testified in support in Senate Public Safety. 8/13/24: DC emailed request for signature letter to the governor's office. AB 1843 (Rodriguez) Emergency ambulance employees. (Amended 06/27/2024) 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 an EAP to make a good faith effort to ensure that a treatment provider under an EAP is trained and experienced 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 06/27/2024 text) Status: 08/06/2024 - Read second time. Ordered to third reading. Calendar: 08/15/24 #189 S-ASSEMBLY BILLS - THIRD READING FILE AB 1960 (Rivas, Robert) Sentencing enhancements: property loss. (Amended 06/30/2024) Link Aug. 20, 2024 Item #2 Page 73 of 97 61 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 06/30/2024 text) Status: 07/01/2024 - Read second time. Ordered to third reading. Calendar: 08/15/24 #131 S-ASSEMBLY BILLS - THIRD READING FILE AB 1972 (Alanis) Regional property crimes task force. (Enrollment 08/12/2024) 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. This bill would declare that it is to take effect immediately as an urgency statute. (Based on 08/12/2024 text) Status: 08/12/2024 - Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 0.). Enrolled and presented to the Governor at 3:30 p.m. AB 1978 (Sanchez) Vehicles: speed contests. (Amended 06/12/2024) 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 a 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 06/12/2024 text) Status: 08/06/2024 - Read second time. Ordered to third reading. Calendar: 08/15/24 #193 S-ASSEMBLY BILLS - THIRD READING FILE (Floor Mgr.- Wilk) AB 2021 (Bauer-Kahan) Crimes: selling or furnishing tobacco or related products and paraphernalia to underage persons. (Amended 06/17/2024) Link Aug. 20, 2024 Item #2 Page 74 of 97 62 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 $500 for the first offense, $1,000 for the 2nd offense, and $5,000 for any subsequent offense for firms, corporations, businesses, retailers, or wholesalers, who violate this prohibition. (Based on 06/17/2024 text) Status: 08/06/2024 - Read second time. Ordered to third reading. Calendar: 08/15/24 #195 S-ASSEMBLY BILLS - THIRD READING FILE (Floor Mgr.- Becker) AB 2042 (Jackson) Police canines: guidelines. (Amended 07/03/2024) 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 July 1, 2026, to develop guidelines, as specified, for the use of canines by law enforcement. The bill would authorize the commission to periodically update these guidelines. The bill would require law enforcement agencies with a canine unit, on or before July 1, 2027, to adopt a policy for the use of canines that, at a minimum, complies with the guidelines developed by the commission. Because the bill would impose additional requirements on local law enforcement agencies, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 07/03/2024 text) Status: 08/05/2024 - In committee: Referred to APPR suspense file. Position: Watch Calendar: 08/15/24 S-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 2200 CABALLERO, ANNA, Chair Notes: 06/11/24: DC tagged as watch. 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 require an operator of a licensed alcoholism or drug abuse recovery or treatment facility or certified alcohol or other drug program to Aug. 20, 2024 Item #2 Page 75 of 97 63 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: 06/25/2024 - Read second time. Ordered to third reading. Position: Support Calendar: 08/15/24 #96 S-ASSEMBLY BILLS - THIRD READING FILE (Floor Mgr.- Nguyen) Notes: CalCities sponsored 6/6/24: EN tagged as support. 6/12/24: SG testified in Senate Health. 6/14/24: EN sent draft letter to the City for review. 6/24/24: EN received final letter, tagged as support, submitted to portal, emailed delegation and governor's office. AB 2943 (Zbur) Crimes: shoplifting. (Enrollment 08/12/2024) 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 08/12/2024 text) Status: 08/12/2024 - Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 64. Noes 4.). Enrolled and presented to the Governor at 3:30 p.m. Position: Support Notes: 5/21/24: EN tagged as pending support. 6/13/24: EN sent draft letter to the City for review. 6/24/24: EN received final letter, tagged as support, submitted to portal, emailed delegation and governor's office. 8/13/24: DC emailed request for signature letter to the governor's office. AB 3209 (Berman) Crimes: theft: retail theft restraining orders. (Enrollment 08/12/2024) Link Aug. 20, 2024 Item #2 Page 76 of 97 64 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 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 also make conforming changes. 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 08/12/2024 text) Status: 08/12/2024 - Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 69. Noes 5.). Enrolled and presented to the Governor at 3:30 p.m. Position: Support Notes: 06/11/24: DC tagged as pending support. 6/13/24: EN sent draft letter to the City for review. 6/24/24: EN received final letter, tagged as support, submitted to portal, emailed delegation and governor's office. 8/13/24: DC emailed request for signature letter to the governor's office. AB 3241 (Pacheco) Law enforcement: police canines. (Amended 07/03/2024) 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 (POST) 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 adopt uniform, minimum guidelines regarding the use of canines by law enforcement, and, on or before July 1, 2026, to certify courses of training for all law enforcement canine handlers and those law enforcement supervisors directly overseeing canine programs, as specified. The bill would require, on or before July 1, 2027, each law enforcement agency with a canine unit to maintain a policy for the use of canines by the agency that, at a minimum, complies with the guidelines adopted by POST, and would require law enforcement agencies to establish a training regimen that includes a course certified by the commission. Because the bill would impose additional duties on local law enforcement agencies, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 07/03/2024 text) Status: 08/05/2024 - In committee: Referred to suspense file. Aug. 20, 2024 Item #2 Page 77 of 97 65 Position: Watch Calendar: 08/15/24 S-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 2200 CABALLERO, ANNA, Chair Notes: 06/11/24: DC tagged as watch. 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 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 Aug. 20, 2024 Item #2 Page 78 of 97 66 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: 08/07/2024 - August 7 set for first hearing. Placed on suspense file. Calendar: 08/15/24 A-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 1100 WICKS, BUFFY, Chair SB 905 (Wiener) Crimes: theft from a vehicle. (Enrollment 08/12/2024) 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 07/01/2024 text) Status: 08/12/2024 - Assembly amendments concurred in. (Ayes 37. Noes 0.) Ordered to engrossing and enrolling. Position: Support 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. 6/11/24: DH me too'd in support in Assembly Public Safety. 8/13/24: EN emailed request for signature letter to the governor's office. SB 982 (Wahab) Crimes: organized theft. (Enrollment 08/12/2024) 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 local program. This bill contains other related provisions and other existing laws. (Based on 07/01/2024 text) Aug. 20, 2024 Item #2 Page 79 of 97 67 Status: 08/12/2024 - Assembly amendments concurred in. (Ayes 38. Noes 0.) Ordered to engrossing and enrolling. SB 1144 (Skinner) Marketplaces: online marketplaces. (Enrollment 08/12/2024) 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 07/01/2024 text) Status: 08/12/2024 - Assembly amendments concurred in. (Ayes 37. Noes 0.) Ordered to engrossing and enrolling. SB 1242 (Min) Crimes: fires. (Enrollment 08/12/2024) 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 07/01/2024 text) Status: 08/12/2024 - Assembly amendments concurred in. (Ayes 37. Noes 0.) Ordered to engrossing and enrolling. Position: Support Aug. 20, 2024 Item #2 Page 80 of 97 68 Notes: 06/11/24: DC tagged as pending support. 6/13/24: EN sent draft letter to the City for review. 6/24/24: EN received final letter, tagged as support, submitted to portal, emailed delegation and governor's office. 8/13/24: EN emailed request for signature letter to the governor's office. SB 1381 (Wahab) Crime. (Amended 07/01/2024) Link Existing law classifies controlled substances into 5 schedules and places the greatest restrictions and penalties on the use of those substances placed in Schedule I. Existing law classifies the drug fentanyl in Schedule II. Existing law makes transportation and sales of specified controlled substances, including narcotics, punishable by imprisonment in a county jail for a period of 3, 4, or 5 years. This bill would make the sale, furnishing, administration, or giving away of any mixture of controlled substances containing fentanyl or its analogs, knowing that fentanyl or its analogs are present within the mixture, unbeknownst to the purchaser or recipient, and without disclosing that presence to the purchaser or recipient a felony punishable in county jail for 4, 5, or 6 years. This bill would require the court to advise a person who is convicted of, or who pleads guilty or no contest to transporting, importing, selling, or administering a controlled substance containing fentanyl or a fentanyl analog, or offering or attempting do so, of the danger of selling or administering illicit drugs and counterfeit pills and that, if a person dies as a result of that action, the defendant can be charged with homicide. The bill would prohibit the advisory from being used as evidence in the prosecution of a juvenile in juvenile court. (Based on 07/01/2024 text) Status: 08/05/2024 - Read second time. Ordered to third reading. Calendar: 08/15/24 #83 A-THIRD READING FILE - SENATE BILLS SB 1416 (Newman) Sentencing enhancements: sale, exchange, or return of stolen property. (Enrollment 08/12/2024) 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 07/01/2024 text) Status: 08/12/2024 - Assembly amendments concurred in. (Ayes 37. Noes 1.) Ordered to engrossing and enrolling. Revenue and Taxation Aug. 20, 2024 Item #2 Page 81 of 97 69 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 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 Aug. 20, 2024 Item #2 Page 82 of 97 70 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 06/18/2024) 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 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, 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 06/18/2024 text) Status: 08/05/2024 - In committee: Referred to APPR suspense file. Calendar: 08/15/24 S-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 2200 CABALLERO, ANNA, Chair Aug. 20, 2024 Item #2 Page 83 of 97 71 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 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 06/17/2024) 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 Aug. 20, 2024 Item #2 Page 84 of 97 72 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. This bill would declare that its provisions further the purposes and intent of Proposition 218, approved by the voters at the November 5, 1996, statewide general election, and the Proposition 218 Omnibus Implementation Act. (Based on 06/17/2024 text) Status: 06/27/2024 - Read second time. Ordered to third reading. Calendar: 08/15/24 #59 A-THIRD READING FILE - SENATE BILLS 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: 06/24/2024 - June 24 set for first hearing canceled at the request of author. Transportation and Public Works Aug. 20, 2024 Item #2 Page 85 of 97 73 AB 637 (Jackson) Zero-emission vehicles: fleet owners: rental vehicles. (Amended 06/12/2024) 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. The bill would provide that a fleet owner that rents a zero- emission vehicle is not precluded from including that vehicle in their fleet for purposes of calculating any zero-emission vehicle acquisition requirement. (Based on 06/12/2024 text) Status: 08/05/2024 - In committee: Referred to APPR suspense file. Calendar: 08/15/24 S-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 2200 CABALLERO, ANNA, Chair AB 1890 (Patterson, Joe) Public works: prevailing wage. (Amended 08/05/2024) 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 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, within 30 days, if there is a change in the identity of a contractor or subcontractor performing the project or, if the total amount of the contract change exceeds specified thresholds. The bill would exempt projects of awarding bodies operating labor compliance programs that are approved and monitored by the department and covered by a valid project labor agreement. 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 08/05/2024 text) Status: 08/06/2024 - Read second time. Ordered to third reading. Calendar: 08/15/24 #254 S-ASSEMBLY BILLS - THIRD READING FILE (Floor Mgr.- Jones) Aug. 20, 2024 Item #2 Page 86 of 97 74 AB 2037 (Papan) Weights and measures: electric vehicle chargers. (Amended 06/26/2024) 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. The bill would exempt an electric vehicle charger from testing and verification by a county sealer if it is owned by a local publicly owned electric utility, as defined, and if certain requirements are met. By expanding the scope of a crime, and to the extent it would impose additional duties on a county sealer, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 06/26/2024 text) Status: 08/06/2024 - Read second time. Ordered to third reading. Calendar: 08/15/24 #196 S-ASSEMBLY BILLS - THIRD READING FILE AB 2234 (Boerner) Vehicles: electric bicycles. (Amended 06/13/2024) 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 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 Aug. 20, 2024 Item #2 Page 87 of 97 75 class 1 or 2 electric bicycle. For the first 60 days following the adoption of an ordinance or resolution for this purpose, the bill would make a violation of the ordinance or resolution punishable by a warning notice. After 60 days, the bill would make a violation of the ordinance or resolution punishable by a fine of $25, except as specified. This bill would make a parent or legal guardian with control or custody of an emancipated minor who violates the ordinance or resolution jointly and severally liable with the minor for the amount of the fine imposed. 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. (Based on 06/13/2024 text) Status: 06/18/2024 - Read second time. Ordered to third reading. Position: Sponsor Calendar: 08/15/24 #80 S-ASSEMBLY BILLS - THIRD READING FILE (Floor Mgr.- Padilla) 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. 6/11/24: SG provided primary testimony in Senate Transportation. 6/14/24: EN submitted letter to Senate Appropriations, 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, Aug. 20, 2024 Item #2 Page 88 of 97 76 including, among others, the Department of Motor Vehicles and the Department of the California Highway Patrol. (Based on 05/16/2024 text) Status: 06/24/2024 - In committee: Referred to suspense file. Position: Support Calendar: 08/15/24 S-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 2200 CABALLERO, ANNA, Chair Notes: 06/11/24: DC tagged as pending support. 6/14/24: EN sent draft letter to the City for review. 6/24/24: EN received final letter, tagged as support, submitted to portal, emailed delegation and governor's office. AB 2290 (Friedman) Transportation: Class III bikeways: bicycle facilities: Bikeway Quick-Build Project Pilot Program. (Amended 06/13/2024) 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 through the adoption of a program of projects. Existing law requires the commission to develop guidelines regarding, among other topics, project eligibility and project selection for the program of projects, 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, on and after January 1, 2026, the commission from adding a project that creates a Class III bikeway or adds a specific road marking used to inform road users that bicyclists might occupy the travel lane to the program of projects, unless the bikeway or road marking is on a highway with a design speed limit of 25 miles per hour or less or the project will implement improvements to reduce the design speed limit to 25 miles per hour or less. This bill contains other related provisions and other existing laws. (Based on 06/13/2024 text) Status: 06/24/2024 - In committee: Referred to suspense file. Calendar: 08/15/24 S-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 2200 CABALLERO, ANNA, Chair AB 2503 (Lee) California Environmental Quality Act: exemption: passenger rail projects. (Amended 06/27/2024) 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 Aug. 20, 2024 Item #2 Page 89 of 97 77 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, until January 1, 2030, exempts from its requirements certain transportation-related projects if specified requirements are met, including that a local agency, as defined, is carrying out the project and that the project will be completed by a skilled and trained workforce, as provided. CEQA includes within these exempt transportation-related projects a public project for the institution or increase of bus rapid transit, bus, or light rail service, which will be exclusively used by low-emission or zero-emission vehicles, on existing public rights-of-way or existing highway rights-of-way. Existing law requires the lead agency, if it determines that a transportation-related project is exempt from CEQA and determines to carry out the project, to file a notice of exemption with the Office of Planning and Research and the county clerk in which the project is located. This bill would expand that exemption from CEQA to include a public project for the institution or increase of other passenger rail service, which will be exclusively used by zero-emission trains, located entirely within existing rail rights-of-way or existing highway rights-of-way. Because the bill would increase the duties of the county clerk, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 06/27/2024 text) Status: 08/06/2024 - Read second time. Ordered to third reading. Calendar: 08/15/24 #220 S-ASSEMBLY BILLS - THIRD READING FILE (Floor Mgr.- Wiener) 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 Aug. 20, 2024 Item #2 Page 90 of 97 78 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: 07/02/2024 - July 2 set for first hearing. Placed on suspense file. Calendar: 08/15/24 A-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 1100 WICKS, BUFFY, Chair 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: 08/07/2024 - August 7 set for first hearing. Placed on suspense file. Calendar: 08/15/24 A-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 1100 WICKS, BUFFY, Chair SB 1216 (Blakespear) Transportation projects: Class III bikeways: prohibition. (Amended 07/03/2024) 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 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 07/03/2024 text) Aug. 20, 2024 Item #2 Page 91 of 97 79 Status: 08/08/2024 - Read second time. Ordered to third reading. Calendar: 08/15/24 #108 A-THIRD READING FILE - SENATE BILLS SB 1271 (Min) Electric bicycles, powered mobility devices, and storage batteries. (Amended 06/26/2024) 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. A violation of the Vehicle Code is a crime. 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 hour and the motor on a class 3 electric bicycle is not capable of exclusively propelling the bicycle. The bill would prohibit specified vehicles from being advertised, sold, offered for sale, or labeled as electric bicycles, as specified. Because the bill would impose new requirements for electric bicycles, 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 06/26/2024 text) Status: 08/08/2024 - Read second time. Ordered to consent calendar. From consent calendar on motion of Assembly Member Aguiar-Curry. Ordered to third reading. Position: Support Calendar: 08/15/24 #118 A-THIRD READING FILE - SENATE BILLS Notes: 06/11/24: DC tagged as pending support. 6/14/24: EN sent draft letter to the City for review. 6/24/24: EN received final letter, tagged as support, submitted to portal, emailed delegation and governor's office. 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 Aug. 20, 2024 Item #2 Page 92 of 97 80 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: 08/07/2024 - August 7 set for first hearing. Placed on suspense file. Calendar: 08/15/24 A-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 1100 WICKS, BUFFY, Chair Notes: CalCities sponsored 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 06/06/2024) Link Aug. 20, 2024 Item #2 Page 93 of 97 81 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 a specified finding or findings by resolution, to require a designated sewer system 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 delivery 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 service provider that serves a disadvantaged community that is either an inadequate sewer service or a sewer system that has a demonstrated failure to maintain technical, managerial, or financial capacity to prevent waste, fraud, and abuse. This bill contains other related provisions and other existing laws. (Based on 06/06/2024 text) Status: 06/24/2024 - In committee: Referred to suspense file. Calendar: 08/15/24 S-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 2200 CABALLERO, ANNA, Chair AB 3121 (Hart) Urban retail water suppliers: informational order: written notice: conservation order: water use efficiency standards and water use reporting: dates. (Amended 06/12/2024) 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. Existing law authorizes the 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 informational orders is on or after January 1, 2026, the date to issue a written notice is on or after January 1, 2027, and the date to issue a conservation order is on or after January 1, 2028, respectively. This bill contains other existing laws. (Based on 06/12/2024 text) Status: 06/27/2024 - From Consent Calendar. Ordered to third reading. Calendar: 08/15/24 #109 S-ASSEMBLY BILLS - THIRD READING FILE ACA 2 (Alanis) Water Resiliency Act of 2024. (Amended 03/06/2024) Link Aug. 20, 2024 Item #2 Page 94 of 97 82 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) Water reports: urban retail water suppliers: informational order: conservation order. (Amended 06/26/2024) 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. Existing law authorizes the 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 authorize the board to issue the informational orders on and after January 1, 2026, the written notice on and after January 1, 2027, and the conservation order on and after January 1, 2028. This bill contains other existing laws. (Based on 06/26/2024 text) Status: 08/07/2024 - August 7 set for first hearing. Placed on suspense file. Calendar: 08/15/24 A-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 1100 WICKS, BUFFY, Chair SB 1255 (Durazo) Public water systems: needs analysis: water rate assistance program. (Amended 06/19/2024) 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 Water Fund in the State Treasury to help water systems provide an Aug. 20, 2024 Item #2 Page 95 of 97 83 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 related provisions and other existing laws. (Based on 06/19/2024 text) Status: 08/07/2024 - August 7 set for first hearing. Placed on suspense file. Calendar: 08/15/24 A-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 1100 WICKS, BUFFY, Chair SB 1330 (Archuleta) Urban retail water supplier: water use. (Amended 06/26/2024) 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, and to be composed of the sum of specified data, including aggregate residential water use. 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, no later than January 1, 2035, conduct necessary studies and investigations regarding the efficiency performance of newly constructed residential landscapes and landscape areas with dedicated irrigation meters in connection with CII water use, as specified. The bill would require the department, if appropriate, to recommend to the State Water Resources Control Board for adoption a revised standard for existing residential landscapes and landscape areas with dedicated irrigation meters in connection with CII water use regarding an ongoing performance standard for those water uses. This bill contains other related provisions and other existing laws. (Based on 06/26/2024 text) Status: 08/07/2024 - August 7 set for first hearing. Placed on suspense file. Calendar: 08/15/24 A-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 1100 WICKS, BUFFY, Chair SB 1390 (Caballero) Groundwater recharge: floodflows: diversion. (Amended 06/26/2024) Link Aug. 20, 2024 Item #2 Page 96 of 97 84 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 defines “floodflow” for these purposes, to include circumstances in which flows would inundate ordinarily dry areas in the bed of a terminal lake to a depth that floods dairies and other ongoing agricultural activities, or areas with substantial residential, commercial, or industrial development. Existing law defines “imminent” for these purposes to mean a high degree of confidence that a condition will begin in the immediate future. Existing law also requires the person or entity making the diversion for groundwater recharge purposes to file with the State Water Resources Control Board and any applicable groundwater sustainability agency for the basin, a notice containing specified information no later than 48 hours after initially commencing diversion of floodflows for groundwater recharge, a preliminary report no later than 14 days after initially commencing that diversion, and a final report no later than 15 days after the diversions cease. These requirements apply to diversions commenced before January 1, 2029. This bill would also require an entity making the diversions for groundwater recharge that is required to file the notice and the reports, including the final report, as described above, with the board and the applicable groundwater sustainability agency for the basin, to also file those documents with the agency that issued the applicable flood determination. The bill would require the final report to 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 further require the board to post the notice and the reports on the board’s internet website within 24 hours of receipt. 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. This bill contains other related provisions and other existing laws. (Based on 06/26/2024 text) Status: 08/07/2024 - August 7 set for first hearing. Placed on suspense file. Calendar: 08/15/24 A-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 1100 WICKS, BUFFY, Chair Aug. 20, 2024 Item #2 Page 97 of 97