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HomeMy WebLinkAbout2024-09-10; City Council Legislative Subcommittee; ; Legislative and Advocacy UpdateMeeting Date: Sept. 10, 2024 To: Legislative Subcommittee From: Jason Haber, Intergovernmental Affairs Director Staff Contact: Jason Haber, Intergovernmental Affairs Director jason.haber@carlsbadca.gov, 442-339-2958 Subject: Legislative and Advocacy Update District: All Recommended Action Receive updates on federal and state legislative and budget activity and recent and ongoing advocacy efforts; discuss and provide feedback to staff, including identifying high-priority bills, advocacy positions, funding opportunities, and items for future City Council consideration. Discussion Staff and the city’s contract lobbyists – Federal: Carpi & Clay / State: Renne Public Policy Group – will present updates and overviews of federal and state legislative activity (Exhibits 1 and 2) and the priority legislation (Exhibit 3) and intergovernmental matters being tracked on behalf of the city. The Subcommittee is requested to provide feedback to help city staff and the city’s lobbying consultants focus the city’s advocacy efforts on high-priority bills and to identify bills for future City Council consideration. Next Steps Staff and the city’s contract lobbyists will monitor, evaluate, and engage the Legislative Subcommittee in a discussion of legislative activity and proposed measures that may impact city operations and policy priorities throughout the 2024 Legislative Session. 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 – State Update 3.Renne Public Policy Group – Priority Legislation as of September 4, 2024 LEGISLATIVE SUBCOMMITTEE Sept. 10, 2024 Item #2 Page 1 of 80 1 August 29, 2024 City of Carlsbad Federal Update www.carpiclay.com FY25 Appropriations Update The House and Senate are scheduled to return from the August recess on September 9th and will have three legislative weeks before the end of the federal fiscal year on September 30th. During those three weeks, Congress will need to pass a Continuing Resolution (CR) to avoid a government shutdown. Currently, there does not appear to be an appetite for a shutdown this close to the November election. The exact date of the CR has not yet been determined, but it will be sometime after the November 5th election. When Congress returns to Washington, DC after the election, they will decide how best to proceed with the Fiscal Year (FY) 2025 appropriations bills. The chart below outlines the status of each of the twelve appropriations bills in both the House and the Senate. 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 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 Exhibit 1 Sept. 10, 2024 Item #2 Page 2 of 80 2 www.carpiclay.com 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 FEMA Announces FY24 Competitive Preparedness Grant Allocations The Federal Emergency Management Agency (FEMA) announced $724 million in allocations for FY24 competitive preparedness grant programs that provide funding for state, local, tribal, and territorial governments, nonprofit agencies, and the private sector to prevent, prepare for, respond to, and recover from acts of terrorism and other disasters. FEMA previously announced $1.25 billion in non-competitive preparedness grants for a total of $1.98 billion for FY24 preparedness grants. The competitive allocations include:  Nonprofit Security Grant Program: $454.5 million  Port Security Grant Program: $90 million  Transit Security Grant Program: $83.7 million  Operation Stonegarden: $81 million  Tribal Homeland Security Grant Program: $13.5 million  Intercity Bus Security Grant Program: $1.8 million Senate Committee Passes Older Americans Act Reauthorization The Senate Health, Employment, Labor, and Pensions Committee passed the Older Americans Act Reauthorization Act of 2024 (S. 4776) by a vote of 20-1. The legislation would reauthorize the Supporting Older Americans Act of 2020 (P.L. 116-131), which is set to expire on September 30th. The Older Americans Act provides local governments with funding for services that help senior citizens and older adults live and remain independent in their communities. The bill now awaits full Senate consideration. Federal Funding Opportunities & Announcements DOE Releases BIL and IRA Funding Overview Tool. The Department of Energy (DOE) released the Community Benefits Map for Demonstration and Deployment Projects, an interactive mapping tool that shows projects that have received funding through the Bipartisan Infrastructure Law (BIL) and the Inflation Reduction Act (IRA). DOE Announces $240 Million for Energy Efficient Building Codes. DOE announced $240 million in funding for 19 state and local governments through the IRA Support for Building Energy Codes and Innovative Codes program. The funding will provide direct technical Sept. 10, 2024 Item #2 Page 3 of 80 3 www.carpiclay.com assistance for adopting and implementing energy codes and building performance standards with a focus on energy efficiency and emission reductions. DOT Announces Complete Streets AI Initiative Contract Awards. The Department of Transportation (DOT) announced contracts totaling $2.4 million to 12 small businesses to help leverage advancements in Artificial Intelligence (AI) to improve transportation. The Complete Streets AI Initiative is a multi-phase effort to develop new decision support tools for state, local, and tribal transportation agencies that assist in the siting, design, and deployment of Complete Streets, which are streets and networks that prioritize safety, comfort, and connectivity to destinations for all people who use them. EPA Announces $25.5 Million for Drinking Water Infrastructure Resilience and Sustainability. The Environmental Protection Agency (EPA) announced $25.5 million for 16 projects through the Drinking Water System Infrastructure Resilience and Sustainability grant program. Funding will support projects in underserved, small, and disadvantaged communities that increase drinking water infrastructure resilience to natural disasters and hazards. FAA Announces AIP Grant Awards. The Federal Aviation Administration (FAA) announced $636 million to 320 airport projects in the 4th round of Airport Infrastructure Program (AIP) grant awards. The grants will help fund planning, airport safety improvements, airport development, and airport noise compatibility projects. FAA Announces Round 8 of FY24 AIG Awards. FAA announced $427.86 million in FY24 Round 8 funding through Airport Improvement Grants (AIG) for 245 airports in 39 states to support airport infrastructure improvements. The grants will help fund airport planning, development, sustainability, terminal expansions, baggage system upgrades, runway safety enhancements and noise compatibility projects at eligible airports. FAA Announces Round 9 of FY24 AIG Awards. FAA announced $566 million in FY24 Round 9 funding AIG awards for 296 airport infrastructure improvement projects. FAA Announces FAST Grant Awards. FAA announced $291 million to 36 awardees in Fueling Aviation’s Sustainable Transition (FAST) grant awards. The grants help fund the development of low-emission aviation technologies that work toward achieving net zero greenhouse gas emissions by 2050. FAA Publishes Contract Tower Grants NOFO. FAA published a notice of funding opportunity (NOFO) for the availability of $20 million through the Contract Tower Grants Program. Funding will support airport-owned airport traffic control tower (ATCT) projects that address the aging airport infrastructure, including ATCT projects that sustain, construct, repair, improve, rehabilitate, modernize, replace, or relocate non-approach control towers, acquire and install air traffic control, communications, and related equipment to be used in those towers, or construct a remote tower certified by the FAA, including acquisition and installation of air traffic control, communications, or related equipment. Applications are due by September 18th. Sept. 10, 2024 Item #2 Page 4 of 80 4 www.carpiclay.com FEMA and CBP Announces Additional $380 Million for Shelter and Services Program. FEMA and the U.S. Customs and Border Protection (CBP) announced the allocation of $380 million for the Shelter and Services Program (SSP). The funding will support communities that are providing food, shelter, clothing, medical care, and transportation for noncitizen migrants recently released from custody and awaiting immigration court proceedings. Eligible applicants must submit an amendment to their existing FY24 SSP award by September 11th through the FEMA Grant Outcomes platform. FHWA Extends CFI Grant Application Deadline. The Federal Highway Administration (FHWA) extended the deadline for applications to Round 2 of the Charging and Fueling Infrastructure (CFI) Discretionary Grant Program to September 11th. The grant program provides funding to deploy publicly accessible electric vehicle charging and alternative fueling infrastructure in urban and rural areas and along designated Alternative Fuel Corridors. FHWA Announces $521 Million in CFI Grants. FHWA announced $521 million in CFI grants for projects in 29 states, eight federally recognized tribes, and the District of Columbia. The funding includes $321 million for 41 EV charging projects in communities and $200 million for 10 projects to build fast charging infrastructure along designated Alternative Fuel Corridors. FHWA Releases $800 Million Low Carbon Transportation Materials NOFO. FHWA released an $800 million NOFO for the Low Carbon Transportation Materials Program. The funding will support the acquisition of construction materials with lower levels of embodied greenhouse gas emissions or reimburse projects for the incrementally higher cost of using lower carbon materials. Applications are due by November 25th. FHWA Announces Bridge Investment Program Grant Awards. FHWA announced $26.5 million in planning grants to restore and replace bridges which will fund 28 projects in 18 states. HUD Announces $3.5 Billion Continuum of Care NOFO. The Department of Housing and Urban Development (HUD) released a $3.5 billion NOFO through the Continuum of Care (CoC) program. The CoC program supports new and renewed projects by nonprofit, state, local, and tribal government housing providers that offer housing and services for homeless individuals and families. The NOFO specifically provides funding for projects that focus on housing for (1) survivors of domestic violence, dating violence, sexual assault, and stalking; (2) youth (by replacing expiring Youth Homelessness Demonstration Program grants); and (3) homelessness. HUD Awards $138.5 Million through Section 811 PRA for Persons with Disabilities Program. HUD awarded $138.5 million to 18 state housing agencies through the Section 811 Project Rental Assistance (PRA) for Persons with Disabilities program. The funding will support state housing agencies in identifying and referring low-income individuals with disabilities to eligible homes along with providing rental and technical assistance. HUD Announces $20 Million in HUD-VASH Awards. HUD announced $20 million in awards for the HUD-Department of Veterans Affairs Supportive Housing (VASH) program to 245 public housing agencies. The program provides funding to support veterans seeking public housing Sept. 10, 2024 Item #2 Page 5 of 80 5 www.carpiclay.com vouchers and assistance with case management and clinical services provided through the Department of Veterans Affairs. Reclamation Announces $105 Million in WaterSMART Grants. The Bureau of Reclamation (Reclamation) announced $105 million in WaterSMART grant awards for 67 water conservation and efficiency projects in eleven states. The selected projects are expected to conserve over 111,000 acre-feet of water annually through water storage, conservation and conveyance, nature-based solutions, dam safety, water purification and reuse, and desalination. Federal Agency Personnel & Regulatory Announcements White House Releases National Heat Strategy. The White House’s National Integrated Heat Health Information System and Interagency Working Group on Extreme Heat released the 2024-2030 National Heat Strategy. The strategy outlines public communication, education, and engagement regarding the dangers of extreme heat, solutions to prevent heat illness and injury, and support for communities. DOT Publishes Adoption of Accessibility Standards for Pedestrian Facilities in the Public Right-of-Way NPRM. DOT published a NPRM that would amend agency rules implementing the transportation provisions under the Americans with Disabilities Act (ADA) by adopting the Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way issued by the Architectural and Transportation Barriers Compliance Board on August 8th, 2023 as regulatory accessibility standards. When adopted, DOT's public right-of-way ADA standards will apply only to new construction and alterations of transit stops in the public right-of-way. For purposes of this rulemaking, transit stops in the public right-of-way are facilities in the public right-of-way used in the provision of designated or specified public transportation, as defined in DOT's existing ADA regulations. Comments are due by September 23rd. EPA Releases Herbicide Strategy to Protect Endangered Species. EPA released its final Herbicide Strategy aimed at protecting over 900 federally listed endangered or threatened species from impacts related to the use of herbicides. EPA plans to use the strategy to identify and reduce herbicide exposure to endangered and threatened species when the agency registers new and reevaluates existing herbicides under the registration review process. EPA Releases Low Carbon Construction Materials Label. EPA released a new low embodied carbon label program for steel, glass, asphalt, and concrete purchased for federal building, highway, and infrastructure projects. The label program will consider the life-cycle emissions from the production of building materials and will offer a tiered rating system to help buyers determine which products have lower carbon emissions. Labeled materials will be listed in a central registry accessible to the public to assist buyers in identifying low carbon construction products. 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 Sept. 10, 2024 Item #2 Page 6 of 80 6 www.carpiclay.com companies to use Unmanned Aircraft System Traffic Management 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 NPRM in late 2024. FRA Publishes Collaboration and Data Sharing for Railroad Operations Analysis RFI. BIL established the Corridor Identification and Development Program (CID Program), which creates a new framework to facilitate the development of new, enhanced, and restored intercity passenger rail corridors throughout the country. Railroad Operations Analysis (OA) uses data to assess changes to railroad operations and/or capital project improvements to railroad infrastructure and is frequently part of the planning process for rail projects. OA involves the collaboration of various rail stakeholders and the sharing of data and information. As a result of the CID Program, there is an increased need for the Federal Railroad Administration (FRA) and rail stakeholders to participate in OA and evaluate OA results. FRA finds value in conducting OA in a collaborative manner to promote increased confidence in the OA among stakeholders and support federal FRA investments in infrastructure projects. In this request for information (RFI), FRA seeks public comments on the challenges involved in OA, how FRA may address those challenges, and how FRA may improve OA for federally funded railroad projects. Comments are due by September 19th. HUD Announces Revised HUD-VASH Program Requirements for PHAs. HUD released a rule that revises HUD-VASH program requirements to expand housing access for veterans seeking public housing assistance. The changes include requiring PHAs to raise the eligible Area Median Income rate from 50% to 80% and adopting an alternative definition of income that excludes a veterans’ service-related disability benefits for determining program eligibility. The Department of the Treasury is expected to release guidance soon to determine the effect of the alternative income definition. The rule is effective August 13th. ## ## ## Sept. 10, 2024 Item #2 Page 7 of 80 1 September 4, 2024 To: Jason Haber, Intergovernmental Affairs Director Cindie McMahon, City Attorney City of Carlsbad From: Sharon Gonsalves Director of Government Affairs Renne Public Policy Group RE: RPPG Monthly Legislative Summary – August 2024 LEGISLATIVE UPDATE Legislature Closes Out the 2023-24 Session The Legislature closed out its second year of the 2023-24 legislative session near midnight on Saturday, August 31. The final four weeks were hectic, with the Legislature moving at a rushed pace to take up measures that were still moving so that the bills could make it to the Floor by August 16, which was the last day for fiscal committees to meet and report bills to the Floor. August 19 to August 31 was reserved for Floor session only, except for “off the floor” hearings, which is when a committee chair calls an impromptu hearing of their committee during a Floor session held in a nearby committee room. In the days leading up to final adjournment shortly after midnight on August 31, advocates representing public entities, labor unions, private sector companies, and various trade associations worked around the clock to make final pitches to lawmakers and staff to advance client interests. Bills that passed the Legislature by the final deadline of August 31 now have until September 30 to be signed or vetoed by Governor Gavin Newsom. Although during most of the legislative session the Governor must sign or veto a bill within 12 days of its passage by the Legislature (otherwise it automatically becomes law), during the final two weeks of session this is extended to 30 days. We will therefore not have a full picture of how 2024 faired for legislation until September 30. On August 9, Senator Marie Alvarado-Gil announced that she had switched her party affiliation from Democratic to Republican. The party composition of the Senate is now 31-9 in favor of the Democrats. Bills by the Numbers Of the 2,157 bills introduced since the start of the year, approximately 1,200 made it to the Governor’s desk (note: a total of 2,523 measures were introduced, but not all march toward the Governor for potential enactment, such as resolutions and constitutional amendments). As of September 5, there are 991 bills on the Governor’s desk awaiting his signature or veto. Thus far this session, 210 have been signed and 5 have been vetoed. End of Session Talk of The Town Hundreds of pending bills impacting local government touching on housing and land use, mental health, public safety, climate, and operations advanced this year. The following measures were focal points in the final weeks and days of session, with a large number of groups in support or opposition working the items Exhibit 2 Sept. 10, 2024 Item #2 Page 8 of 80 2 heavily in the halls of the Capitol. This is a truncated list of key measures that RPPG has been tracking that recently passed the Legislature and are on their way to the Governor’s desk to be signed or vetoed. If there are any measures omitted on this list, or if you would like more information about measures listed below, please contact us and we would be happy to assist. • AB 98 (Carrillo) Planning and zoning: logistics use: truck routes. AB 98 would prescribe various statewide warehouse design and build standards for any proposed new or expanded logistics use developments. A last minute gut and amend and authored by the chair of the Assembly Local Government Committee Juan Carrillo (D, Palmdale) and backed by Assembly Speaker Robert Rivas (D, Hollister), the bill had not moved since 2023. Then on August 28 it was removed from the inactive file and amended just in time to adhere to the 72-hour in print rule. (The rule prohibits the Legislature from passing any bill unless it has been in print for at least 72 hours before the final vote). This measure was worked out through a handpicked working group that did not include local government representatives. The bill then quickly moved through the Senate Local Government and Senate Appropriations committees, during which dozens of advocates voiced opposition, as well as pointed out that many key stakeholders had been left out of the discussions leading up to the bill’s gut and amend. On August 31 the bill was passed narrowly by the Senate in a 22-16 vote in the midafternoon. The bill was held in the Senate for hours, with rumors that it was being held hostage subject to negotiations over the Governor’s priority legislation on oil. In the evening, the Governor announced a special session and eventually the bill was sent to the Assembly Floor near midnight. Once transmitted to the Floor, a motion was made to “move the previous question”, a rare move by the Legislature which formally eliminated all discussion and debate on the bill. The Assembly then passed the bill shortly before midnight in a 46-17 vote. • AB 1886 (Alvarez) Housing Element Law: substantial compliance: Housing Accountability Act. AB 1886 would provide that a housing element or amendment is considered substantially compliant with the Housing Element Law when the local agency has adopted a housing element or amendment. Despite a robust effort by local advocates, the bill was passed by the Legislature on August 30. • AB 2561 (McKinnor) Local public employees: vacant positions. AB 2561 would require a public agency to present the status of vacancies and recruitment and retention efforts during a public hearing before the governing board at least once per fiscal year and entitles the union for a bargaining unit to make a presentation at the public hearing. RPPG worked throughout the year to remove the most concerning provisions, including a meet and confer requirement linked to vacancy rates in the prior bill language. The bill was passed by the Legislature late in the day on August 31. • SB 53 (Portantino) Firearms: storage. SB 53 would require a person who possesses a firearm in a residence to keep the firearm securely stored when the firearm is not being carried or readily controlled by the person or another lawful authorized user. The bill was passed by the Legislature on August 27. • SB 399 (Wahab) Employer communications: intimidation. SB 399 would prohibit an employer from taking any retaliation against an employee who refuses to attend an employer-sponsored meeting the purpose of which is to communicate the employer’s opinion about religious or political matters. SB 399 may apply to employees required to be present where legislation or regulations/ordinances are debated, such as city council or board meetings, and even to such tasks as seeking input or analysis from employees as to the implementation of proposed or enacted legislation. Advocates worked to have the bill amended to resolve and remove this part of the bill, but the bill was passed with the provision by the Legislature on August 31. Sept. 10, 2024 Item #2 Page 9 of 80 3 • SB 450 (Atkins) Housing development: approvals. SB 450 would prohibit a local agency from imposing objective zoning standards, objective subdivision standards, and objective design standards that do not apply uniformly to development within the underlying zone. The bill was passed by the Legislature on August 29. • SB 937 (Wiener) Development projects: fees and charges. SB 937 would prohibit a local agency from requiring the payment of impact fees or charges until the date the first certificate of occupancy or temporary certificate of occupancy is issued, whichever occurs first. This bill was amended right at the deadline for amendments to be submitted, and the language was crafted without stakeholders at the table and with no time left to alter the bill. The new provisions create a short list of projects allowed to require payment in advance of the certificate of occupancy— and leave out parks and open spaces, stormwater drainage, and utility connection charges (as well as creates legal question for utility billing and leave out essential projects for schools, among others). A broad coalition in opposition formed in the last day of session due to these amendments, and the bill—once eligible for unanimous consent—passed by narrower margins. This measure represents a change in legislative support for impact fees and making locals whole. The bill passed the Legislature on August 31. • SB 1037 (Wiener) Planning and zoning: housing element: enforcement. SB 1037 would allow the Attorney General to take legal action against a city and seek fines up to $50,000 a month for failure to adopt a compliant housing element or if the city does not follow state laws that require ministerial approval of certain housing projects. The bill was passed by the Legislature on August 31. • Energy Package. The Legislature also put forth several big energy bills including a 6-bill Senate energy package in the last weeks of session designed to cut electric bills and streamline clean energy. AB 3121 (Petrie-Norris) which would have given Californians a small rebate on their electric bills, but the bill did not pass the Legislature by the August 31 deadline. The Senate energy package consisted of: AB 3264 (Petrie-Norris) which would require the California Public Utilities Commission to develop a framework for assessing, tracking, and analyzing total annual energy costs paid by residential households in California; SB 1420 (Caballero) which would streamline hydrogen facilities; and SB 1142 (Menjivar) which would prevent power shutoffs for ratepayers with payment plans. These three bills passed the Legislature in the final days of session. Also included in the package were: SB 1272 (Laird) which would have fast-tracked renewable energy projects; SB 1003 (Dodd) which would have increased oversight of utilities’ wildfire costs; and SB 950 (Skinner) which would have established a 6-member Expert Advisory Committee to advise the Energy Commission. These three bills did not pass the Legislature. However, SB 950 was backed by the Governor and the provisions of the bill were reintroduced on September 3 (see more below). Timing Governor Newsom has until Monday, September 30 to act on all pending measures. Any bill that includes an urgency clause, relates to the budget, or modifies the elections code will go into effect immediately upon the Governor’s signature. All other bills will go into effect on January 1, 2025, unless stated otherwise in the legislation (for example, a delayed implementation). The fall and early winter are the time for your organization to get ready for the 2025-26 session, which hits the ground running when the Legislature reconvenes on January 6. During this time, it is recommended that you revisit your legislative platform, identify any sponsored legislation desired, and consider any state budget priority asks in the event that funding opens up so that your organization is pre- positioned to submit a request. Sept. 10, 2024 Item #2 Page 10 of 80 4 Final Recess and Extraordinary Session Called The “Final Recess” for the regular 2023-24 legislative session began on September 1 and the Legislature will officially adjourn the two-year session on November 30. On November 5, the 2024 General Election will take place, with half of the California State Legislature’s Senators and all of its Assemblymembers up for reelection. The new Legislative class will begin the 2025-26 legislative session by convening for Organizational Session on December 2. This meeting lasts a single day and allows each house to elect their leadership, as well as to introduce some legislation. Additionally, all legislators that had been elected on November 5 are officially sworn in on this day by their respective houses. However, on August 31, Governor Newsom issued a press release that called an Extraordinary Session for the second time since the start of the 2023-24 legislative session to address high gasoline prices. In a move that he had previously threatened to make should SB 950 (Skinner, see above) not be released by the Assembly and passed by the Senate, the Governor was forced to make good on his threat. Speaker Rivas released a statement saying that the Assembly had questions that needed to be publicly vetted and that the Assembly would not be voting on the bill. Once the Special Session was announced, however, the Assembly immediately voted to convene and organize the session. Senate Pro Tem Mike McGuire (D, Geyserville), who had previously stated his desire for the bill to be released to the Senate and shared that the Senate had the support to pass it and send it to the Governor and did not desire a Special Session, stated that the Senate would not convene for it. Senator McGuire rejects the Governor’s assertion that the Legislature can be required to come back to Sacramento for this session, stating that the Senate has the votes and does not need the additional debate. This is new territory, and legal opinions will have to weigh in on the apparent showdown between the Senate, Governor, and Assembly. The special session must be convened and finished prior to the next group of legislators being sworn in. The Legislature has until November 30 to pass any legislation related to the Second Extraordinary Session. On September 3, Governor Newsom announced the introduction of ABX2-1 (Hart and Aguiar-Curry), a reintroduction of SB 950 (Skinner). BUDGET UPDATE Budget Trailer Bills Each year at the end of the legislative session in recent years, the Legislature considers a slate of 10-20 budget bills—called Budget Trailer Bills—which are primarily designed to make relatively minor changes to implement or technical clean up to the budget package. Each of these bills will generally contain changes related to a single budget area and are accompanied by one or more “Budget Bills Jr” which contains amendments to this year’s final budget. These bills were heard in their respective budget committees in mid-August and then passed the Legislature in the final days of session. Of potential interest, they include AB 157 (Budget Bill Jr), AB 158 (Budget Bill Jr), and AB 178 (Public Resources Trailer Bill). ADMINISTRATION ACTIONS CalPERS Discount Rate Reduction Discussion On July 15, CalPERS reported a preliminary net return of 9.3% on its investments for the 12-month period ending June 30, 2024. Assets as of that date were valued at $502.9 billion. The investment return outpaced the discount rate of 6.8%. Under the current provisions of the CalPERS Asset Liability Management process, investment returns that exceed the established 6.8% discount rate require the Board of Administration to review whether to lower the rate for future years. In a shift from historic process, previously returns from this year would have triggered an automatic rate reduction, however with the Sept. 10, 2024 Item #2 Page 11 of 80 5 new process this now triggers only a discussion for the Board to decide to take action or not, and what action will be taken if any. The next CalPERS Board meeting is September 16-18, 2024. California Natural Resources Agency Webinar: State of Wildfire in California In a webinar hosted by the California Natural Resources Agency on August 8th, wildfire experts, including leaders from CALFIRE, the U.S. Forest Service, and the Karuk Tribe, discussed California’s challenging wildfire season and ongoing protection efforts. The panel emphasized the need to balance prevention and suppression, with significant progress made in interagency collaboration, including a new dashboard for tracking wildfire projects. Traditional and cultural burning practices were highlighted as vital for reducing wildfire risks, with appreciation for SB 310 (Dodd). CALFIRE’s investments in resources and technology were noted, alongside multiple grant programs supporting fuel reduction and prescribed burns. Agencies are enhancing public access to resources, and local entities are encouraged to collaborate and explore available grants to improve wildfire resilience. RPPG LEGISLATIVE ACTIVITY At the close of session, RPPG had 109 bills tagged for the City as “priority,” which were of potential interest, or impact to operations or priority issues, per the legislative platform. SB 1123 Updated Analysis On July 9, RPPG sent the City an updated analysis of SB 1123 (Caballero). Climate Bond Memo On July 30, RPPG sent the City an overview of the proposed 2024 General Election Climate Bond that had been put on the ballot by SB 867 (Allen, Chapter 83, Statutes of 2024). Ballot Measures Memo On August 7, RPPG sent the City a memo summarizing six ballot measures that will appear on the November 2024 ballot that will have an impact on local government should they be approved by voters. AB 1893 Updated Analysis On August 13, RPPG sent the City an updated analysis of AB 1893 (Wicks). SB 1037 Analysis On August 20, RPPG sent the City an updated analysis of SB 1037 (Wiener). SB 450 Analysis On August 26, RPPG sent the City an updated analysis of SB 450 (Atkins). Suspense File Memo On August 16, RPPG sent the City a memo detailing the outcomes of the Appropriations Committees suspense file hearings that had taken place on August 15. Update on Positioned Legislation RPPG is closely monitoring and providing updates on the following bills on which the City has positioned. • AB 817 (Pacheco) Open meetings: teleconferencing: subsidiary body o Status: Died in Senate Local Government o City Position: Support • AB 1774 (Dixon) Vehicles: electric bicycles Sept. 10, 2024 Item #2 Page 12 of 80 6 o Status: Chaptered o City Position: Support • AB 1779 (Irwin) Theft: jurisdiction o Status: Chaptered o City Position: Support • AB 1794 (McCarty) Crimes: larceny o Status: Died in Senate Appropriations o City Position: Support • AB 1802 (Jones-Sawyer) Crimes: organized theft o Status: Chaptered o City Position: Support • AB 1886 (Alvarez) Housing Element Law: substantial compliance: Housing Accountability Act o Status: Enrolled o City Position: Oppose • AB 1893 (Wicks) Housing Accountability Act: housing disapprovals: required local findings o Status: Enrolled o City Position: Oppose • AB 2081 (Davies) Substance abuse: recovery and treatment programs o Status: Enrolled o City Position: Support • AB 2234 (Boerner) Vehicles: electric bicycles o Status: Enrolled o City Position: Sponsor • AB 2236 (Bauer-Kahan) Solid waste: reusable grocery bags: standards: plastic film prohibition o Status: Assembly Floor o City Position: Support • AB 2257 (Wilson) Local government: property-related water and sewer fees and assessments: remedies o Status: Enrolled o City Position: Support • AB 2259 (Boerner) Transportation: bicycle safety handbook o Status: Died in Senate Appropriations o City Position: Support • AB 2557 (Ortega) Local agencies: contracts for special services and temporary help: performance reports o Status: Died in Senate Appropriations o City Position: Oppose • AB 2560 (Alvarez) Density Bonus Law: California Coastal Act of 1976 o Status: Died in Senate Appropriations o City Position: Oppose • AB 2561 (McKinnor) Local public employees: vacant positions o Status: Enrolled o City Position: Oppose • AB 2574 (Valencia) Alcoholism or drug abuse recovery or treatment programs and facilities: disclosures o Status: Enrolled o City Position: Support Sept. 10, 2024 Item #2 Page 13 of 80 7 • AB 2684 (Bryan) Safety element: extreme heat o Status: Enrolled o City Position: Support • AB 2715 (Boerner) Ralph M. Brown Act: closed sessions o Status: Enrolled o City Position: Sponsor • AB 2729 (Patterson, Joe) Residential fees and charges o Status: Enrolled o City Position: Oppose • AB 2776 (Rodriguez) Recovery from disaster or emergency: funding priority o Status: Died in Senate Appropriations o City Position: Support • AB 2943 (Zbur) Crimes: shoplifting o Status: Chaptered o City Position: Support • AB 3093 (Ward) Land use: housing element: streamlined multifamily housing o Status: Enrolled o City Position: Oppose • AB 3209 (Berman) Crimes: theft: retail theft restraining orders o Status: Chaptered o City Position: Support • AJR 12 (Alvarez) Tijuana River: cross-border pollution o Status: Enrolled o City Position: Support • SB 450 (Atkins) Housing development: approvals o Status: Enrolled o City Position: Oppose • SB 689 (Blakespear) Local coastal program: bicycle lane: amendment o Status: Enrolled o City Position: Support • SB 905 (Wiener) Crimes: theft from a vehicle o Status: Chaptered o City Position: Support • SB 937 (Wiener) Development projects: permits and other entitlements: fees and charges o Status: Enrolled o City Position: Oppose • SB 1011 (Jones) Encampments: penalties o Status: Died in Senate Public Safety o City Position: Support • SB 1037 (Wiener) Planning and zoning: housing element: enforcement o Status: Enrolled o City Position: Oppose • SB 1053 (Blakespear) Solid waste: reusable grocery bags: standards: plastic film prohibition o Status: Enrolled o City Position: Support • SB 1116 (Portantino) Unemployment insurance: trade disputes: eligibility for benefits o Status: Died in Assembly Insurance Sept. 10, 2024 Item #2 Page 14 of 80 8 o City Position: Oppose • SB 1123 (Caballero) Planning and zoning: subdivisions: ministerial review o Status: Enrolled o City Position: Oppose • SB 1214 (Nguyen) California Commission on the United States Semiquincentennial o Status: Died in Assembly Appropriations o City Position: Support • SB 1242 (Min) Crimes: fires o Status: Chaptered o City Position: Support • SB 1271 (Min) Electric bicycles, powered mobility devices, and storage batteries o Status: Enrolled o City Position: Support • SB 1461 (Allen) State of emergency and local emergency: landslide o Status: Died on Assembly Floor o City Position: Support The City has a “Watch” position on the following bills: • AB 2042 (Jackson) Police canines: guidelines o Status: Died in Senate Appropriations o City Position: Watch • AB 3241 (Pacheco) Law enforcement: police canines o Status: Died on Senate Floor o City Position: Watch LOOKING FORWARD • SEPTEMBER 30: Last day for the Governor to sign or veto bills • DECEMBER 2: Organizational Session • JANUARY 1: All legislation signed into law in 2024, unless otherwise excepted, goes into effect • JANUARY 6: The 2025-26 legislative session begins Sept. 10, 2024 Item #2 Page 15 of 80 1 City of Carlsbad: Priority Legislation as of September 4, 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 Exhibit 3 Sept. 10, 2024 Item #2 Page 16 of 80 (city of Carlsbad Cal•ifo rn i a 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. (Enrollment 08/31/2024) 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 would declare that it is to take effect immediately as an urgency statute. (Based on 08/23/2024 text) Status: 08/31/2024 - Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. Emergency Response and Disaster Preparedness AB 2330 (Holden) Endangered species: incidental take: wildfire preparedness activities. (Enrolled 09/03/2024) 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 Sept. 10, 2024 Item #2 Page 17 of 80 3 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 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 09/03/2024 text) Status: 08/29/2024 - Assembly Rule 77 suspended. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0.). 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: 08/31/2024 - Ordered to inactive file on request of Assembly Member Aguiar-Curry. Sept. 10, 2024 Item #2 Page 18 of 80 4 Position: Support 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: 08/15/2024 - In committee: Held under submission. AB 2462 (Calderon) Public Utilities Commission: written reports: energy. (Enrolled 09/03/2024) Link Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations and gas corporations. Existing law requires the commission to annually prepare and submit to the Governor and Legislature a written report that contains the commission’s recommendations for actions that can be undertaken during the succeeding 12 months to limit utility cost and rate increases consistent with the state’s energy and environmental goals, including goals for reducing emissions of greenhouse gases, and requires the commission, in preparing the report, to require certain electrical corporations and gas corporations to study and report on measures they recommend be undertaken to limit costs and rate increases. This bill would require that the report also 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 Sept. 10, 2024 Item #2 Page 19 of 80 5 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 09/03/2024 text) Status: 08/29/2024 - Assembly Rule 77 suspended. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0.). AB 2666 (Boerner) Public utilities: rate of return. (Enrollment 08/30/2024) 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: 08/30/2024 - In Assembly. Concurrence in Senate amendments pending. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 56. Noes 4.). SB 1292 (Bradford) Electricity: fixed charges: report. (Enrolled 09/03/2024) 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 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 09/03/2024 text) Status: 08/29/2024 - Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling. Sept. 10, 2024 Item #2 Page 20 of 80 6 SB 1314 (Nguyen) Electricity: fixed charges. (Introduced 02/16/2024) Link Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. Existing law authorizes the commission to adopt new, or expand existing, fixed charges, as defined, for the purpose of collecting a reasonable portion of the fixed costs of providing electrical service to residential customers. Under existing law, the commission may authorize fixed charges for any rate schedule applicable to a residential customer account. Existing law requires the commission, no later than July 1, 2024, to authorize a fixed charge for default residential rates on an income-graduated basis, as provided. Existing law requires increases to electrical rates and charges in rate design proceedings to be reasonable and subject to a reasonable phase-in schedule relative to the rates and charges in effect before January 1, 2014. This bill would repeal those provisions relating to fixed charges and rate increases. This bill contains other related provisions. (Based on 02/16/2024 text) Status: 02/29/2024 - Referred to Com. on E., U. & C. SB 1326 (Jones) Electricity: fixed charges. (Introduced 02/16/2024) Link Existing law vests the Public Utilities Commission (PUC) with regulatory authority over public utilities, including electrical corporations. Existing law authorizes the commission to adopt new, or expand existing, fixed charges, as defined, for the purpose of collecting a reasonable portion of the fixed costs of providing electrical service to residential customers. Under existing law, the commission may authorize fixed charges for any rate schedule applicable to a residential customer account, and is required, no later than July 1, 2024, to authorize a fixed charge for default residential rates. Existing law requires these fixed charges to be established on an income-graduated basis, with no fewer than 3 income thresholds, so that low-income ratepayers in each baseline territory would realize a lower average monthly bill without making any changes in usage. Existing law requires the PUC to continue the California Alternative Rates for Energy (CARE) program to provide assistance to low-income electric and gas customers with annual household incomes that are no greater than 200% of the federal poverty guideline levels, as specified. This bill would require the PUC to require each electrical corporation to offer default rates to residential customers with at least 2 usage tiers, as provided. The bill would eliminate the requirement that the fixed charges be established on an income-graduated basis as described above, repeal related findings and declarations of the Legislature, and authorize the commission to instead authorize fixed charges that, as of January 1, 2015, do not exceed $10 per 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. Sept. 10, 2024 Item #2 Page 21 of 80 7 SB 1374 (Becker) Net energy metering. (Enrollment 08/30/2024) 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 one or more apartment buildings 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, 2026, to ensure that any contract or tariff established by the commission pursuant to a specified commission decision meets specified requirements, as provided. The bill would make these provisions inoperative on July 1, 2033. This bill contains other related provisions and other existing laws. (Based on 08/23/2024 text) Status: 08/30/2024 - In Senate. Concurrence in Assembly amendments pending. Assembly amendments concurred in. (Ayes 27. Noes 9.) Ordered to engrossing and enrolling. SB 1418 (Archuleta) Hydrogen-fueling stations: expedited review. (Enrolled 09/03/2024) 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 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 Sept. 10, 2024 Item #2 Page 22 of 80 8 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 09/03/2024 text) Status: 08/29/2024 - Assembly amendments concurred in. (Ayes 29. Noes 1.) Ordered to engrossing and enrolling. 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. AB 1992 (Boerner) Carbon sequestration: blue carbon and teal carbon demonstration projects. (Enrollment 08/30/2024) 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 or a local government, 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 Sept. 10, 2024 Item #2 Page 23 of 80 9 a blue carbon demonstration project. The bill would require these provisions to be implemented only upon an appropriation by the Legislature for its purposes. This bill contains other related provisions and other existing laws. (Based on 08/23/2024 text) Status: 08/30/2024 - In Assembly. Concurrence in Senate amendments pending. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 58. Noes 9.). AB 2236 (Bauer-Kahan) Solid waste: recycled paper bags: standards: carryout bag prohibition. (Amended 08/20/2024) Link Existing law prohibits a store, as defined, from providing a single-use carryout bag to a customer at the point of sale, with specified exceptions, including an exemption for bags used to contain unwrapped food. Existing law defines a “single-use carryout bag” as a bag made of plastic, paper, or other material that is provided by a store to a customer at the point of sale and that is not a recycled paper bag or a reusable grocery bag that meets specified requirements, including that the bag be made by a certified reusable grocery bag producer and meets 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 of Resources Recycling and Recovery, 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, recast the definition of a “single-use carryout bag” to a “carryout bag,” and would revise the definition to mean a bag made of plastic, paper, or other material that is provided by a store to a customer at the point of sale for the purpose of carrying purchased goods and that is not a recycled paper bag. The bill would create a 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 carryout 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 legislative findings and declarations and would make related conforming changes. (Based on 08/20/2024 text) Sept. 10, 2024 Item #2 Page 24 of 80 10 Status: 08/29/2024 - Assembly Rule 77 suspended. Position: Support 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. 8/5/24: SG me too'd in support in Senate Appropriations. AB 2346 (Lee) Organic waste reduction regulations: procurement of recovered organic waste products. (Enrolled 09/03/2024) 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 count towards their procurement targets compost produced and procured from specified compost operations and specified investments and expenditures related to meeting its procurement target, as provided. The bill would authorize a local jurisdiction to determine a local per capita procurement target using information from a local waste characterization study, as specified. The bill would authorize a local jurisdiction to satisfy its annual procurement obligations by procuring a quantity of recovered organic waste products that meets or exceeds a 5-year procurement target, as specified. The bill would authorize the department, in adopting and revising regulations, to consider other pathways to prioritize local use of compost, as specified. This bill would incorporate additional changes to Section 42652.5 of the Public Resources Code proposed by AB 2514 and AB 2902 to be operative only if this bill and any or all of the other bills are enacted and this bill is enacted last. (Based on 09/03/2024 text) Status: 08/29/2024 - Assembly Rule 77 suspended. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 0.). Sept. 10, 2024 Item #2 Page 25 of 80 11 AJR 12 (Alvarez) Tijuana River: cross-border pollution. (Enrolled 08/26/2024) 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 08/26/2024 text) Status: 08/22/2024 - Senate amendments concurred in. To Engrossing and Enrolling. Position: Support 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 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. (Enrolled 08/30/2024) 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 Sept. 10, 2024 Item #2 Page 26 of 80 12 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. (Based on 08/30/2024 text) Status: 08/28/2024 - Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling. Notes: CalCities sponsored SB 1053 (Blakespear) Solid waste: recycled paper bags: standards: carryout bag prohibition. (Enrollment 08/30/2024) Link Existing law prohibits a store, as defined, from providing a single-use carryout bag to a customer at the point of sale, with specified exceptions, including an exemption for bags used to contain unwrapped food. Existing law defines a “single-use carryout bag” as a bag made of plastic, paper, or other material that is provided by a store to a customer at the point of sale and that is not a recycled paper bag or a reusable grocery bag that meets specified requirements, including that the bag be made by a certified reusable grocery bag producer and meets 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 of Resources Recycling and Recovery, 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, recast the definition of a “single-use carryout bag” to a “carryout bag,” and would revise the definition to mean a bag made of plastic, paper, or other material that is provided by a store to a customer at the point of sale for the purpose of carrying purchased goods and that is not a recycled paper bag. The bill would create a 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 carryout 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 Sept. 10, 2024 Item #2 Page 27 of 80 13 would make related legislative findings and declarations and would make related conforming changes. (Based on 08/20/2024 text) Status: 08/30/2024 - In Senate. Concurrence in Assembly amendments pending. Assembly amendments concurred in. (Ayes 31. Noes 8.) Ordered to engrossing and enrolling. Position: Support 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. 8/7/24: EN me too'd in support in Assembly Appropriations. SB 1193 (Menjivar) Airports: leaded aviation gasoline. (Enrolled 09/03/2024) 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 09/03/2024 text) Status: 08/29/2024 - Assembly amendments concurred in. (Ayes 30. Noes 8.) Ordered to engrossing and enrolling. Governmental Operations AB 2257 (Wilson) Local government: property-related water and sewer fees and assessments: remedies. (Enrolled 08/29/2024) 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 Sept. 10, 2024 Item #2 Page 28 of 80 14 imposed by the constitutional provisions. The bill would also prohibit an independent cause of action as to the adequacy of the local agency’s responses. This bill would, if the local agency complies with the specified procedures, provide that in any judicial action or proceeding to review, invalidate, challenge, set aside, rescind, void, or annul the fee or assessment for failure to comply with the procedural and substantive requirements of specified constitutional provisions in the fee or assessment setting process, the court’s review is limited to a record of proceedings containing specified documents, except as otherwise provided. The bill would provide that this limitation does not preclude any civil action related to a local agency’s failure to implement a fee or assessment in compliance with the manner adopted by the local agency. The bill would make related findings and declarations. (Based on 08/29/2024 text) Status: 08/27/2024 - Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 53. Noes 17.). Position: Support Notes: 3/28/24: EN marked as pending support. 5/21/24: EN tagged as support. 5/28/24: EN sent the City a draft letter for review. 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. 8/28/24: DC sent request for signature letter to the Governor's office. AB 2455 (Gabriel) Whistleblower protection: state and local government procedures. (Enrollment 08/31/2024) 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 auditor or controller 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 or controller 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, except as specified. 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 Sept. 10, 2024 Item #2 Page 29 of 80 15 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, except as specified. 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. This bill contains other related provisions and other existing laws. (Based on 08/15/2024 text) Status: 08/31/2024 - Senate amendments concurred in. To Engrossing and Enrolling. AB 2561 (McKinnor) Local public employees: vacant positions. (Enrollment 08/31/2024) 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 requires the governing body of a public agency to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations and to consider fully presentations that are made by the employee organization on behalf of its members before arriving at a determination of policy or course of action. This bill would, as specified, require a public agency to present the status of vacancies and recruitment and retention efforts at a public hearing at least once per fiscal year, and would entitle the recognized employee organization to present at the hearing. If the number of job vacancies within a single bargaining unit meets or exceeds 20% of the total number of authorized full-time positions, the bill would require the public agency, upon request of the recognized employee organization, to include specified information during the public hearing. 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 08/23/2024 text) Status: 08/31/2024 - Read third time. Passed. Ordered to the Assembly. (Ayes 27. Noes 10.). In Assembly. Concurrence in Senate amendments pending. Senate amendments concurred in. To Engrossing and Enrolling. Position: Oppose 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. 8/5/24: SG me too'd in opposition in Senate Appropriations. AB 2939 (Rendon) Parks: counties and cities: interpretive services. (Enrolled 08/28/2024) Link Sept. 10, 2024 Item #2 Page 30 of 80 16 Existing law authorizes the Department of Parks and Recreation, as a means of furthering its mission to expand access to state parks and outdoor recreation to all, and contingent upon the availability of its resources, to enter into community access agreements, as defined, with eligible entities, as defined, to provide interpretive services and visitor services, as defined, at units of the state parks system to underserved park users, as defined. This bill would require that use of local parks, as defined, by eligible entities, as defined, to provide interpretative services, as defined, to 30 or fewer participating park visitors at a time be considered an allowable public use of the local park, and would require cities, counties, and cities and counties to treat this use of the local park in the same manner as general public use of the local park, 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 08/26/2024 text) Status: 08/28/2024 - Enrolled and presented to the Governor at 4 p.m. SB 683 (Glazer) Hotels and short-term rentals: advertised rates: mandatory fees. (Amended 09/07/2023) Link The False Advertising Law (FAL) makes it a crime for a person or a firm, corporation, or association, or any employee thereof, to engage in specified false or misleading advertising practices. The Unfair Competition Law (UCL) makes various unfair competition practices unlawful, including any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising. Existing law requires every keeper of a hotel, inn, or lodginghouse to post a statement of rates by the day for lodging and prohibits collection of a sum greater than that amount, as specified. This bill would, beginning July 1, 2024, require a person or an internet website, application, or other similar centralized platform that advertises a hotel room rate or short-term rental rate before the public in this state, or from this state before the public in any state, to include in the advertised hotel room rate or short-term rental rate all mandatory fees, as defined, that will be charged in order for the consumer to stay in the hotel room or short-term rental and include in the total price to be paid, before the consumer reserves the stay, all taxes and fees imposed by a government on the stay. This bill contains other related provisions and other existing laws. (Based on 09/07/2023 text) Status: 08/30/2024 - Ordered to inactive file on request of Assembly Member Grayson. SB 689 (Blakespear) Local coastal program: bicycle lane: amendment. (Enrolled 08/27/2024) 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 Sept. 10, 2024 Item #2 Page 31 of 80 17 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 08/23/2024 text) Status: 08/27/2024 - Enrolled and presented to the Governor at 2 p.m. Position: Support 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 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. 8/7/24: EN me too'd in support in Assembly Appropriations. 8/23/24: DC sent request for signature letter to Governor's office. SB 1050 (Bradford) California American Freedmen Affairs Agency: racially motivated eminent domain. (Enrolled 09/03/2024) 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 Sept. 10, 2024 Item #2 Page 32 of 80 18 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 09/03/2024 text) Status: 08/29/2024 - Assembly amendments concurred in. (Ayes 37. Noes 0.) Ordered to engrossing and enrolling. SB 1090 (Durazo) Unemployment insurance: disability and paid family leave: claim administration. (Enrollment 08/30/2024) 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.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 these changes are incorporated in the Employment Development Department’s integrated claims management system as part of the EDDNext project. (Based on 08/19/2024 text) Status: 08/30/2024 - Assembly amendments concurred in. (Ayes 40. Noes 0.) Ordered to engrossing and enrolling. Sept. 10, 2024 Item #2 Page 33 of 80 19 SB 1441 (Allen) Examination of petitions: time limitations and reimbursement of costs. (Enrolled 08/30/2024) 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. If the examination does not conclude within 5 business days, the bill would require that the proponents of the examination reimburse the county for any costs incurred to continue the examination, as provided. When an examination continues beyond 5 business days, the bill would require the elections official to estimate at the beginning of each day and the proponent to deposit with the elections official a sum required by the elections official to support 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 08/30/2024 text) Status: 08/28/2024 - In Senate. Concurrence in Assembly amendments pending. Assembly amendments concurred in. (Ayes 30. Noes 8.) Ordered to engrossing and enrolling. 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 Sept. 10, 2024 Item #2 Page 34 of 80 20 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. 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. (Enrolled 08/29/2024) Link Sept. 10, 2024 Item #2 Page 35 of 80 21 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 and would require the agency that imposes the fee to provide the fee schedule to the development proponent 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 08/29/2024 text) Status: 08/27/2024 - Assembly Rule 77 suspended. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0.). AB 1886 (Alvarez) Housing Element Law: substantial compliance: Housing Accountability Act. (Enrollment 08/30/2024) Link The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Existing law, commonly referred to as the Housing Element Law, prescribes requirements for a city’s or county’s preparation of, and compliance with, its housing element, and requires the Department of Housing and Community Development to review and determine whether the housing element substantially complies with the Housing Element Law, as specified. 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. This bill would provide that a housing element or amendment is considered substantially compliant with the Housing Element Law when the local agency has adopted a housing element or amendment, the department or a court of competent jurisdiction determines the adopted housing element or amendment to be in substantial compliance with the Housing Element Law, and the department’s compliance findings have not been superseded by subsequent contrary findings by the department or by a decision of a court of competent jurisdiction or the court’s decision has not been overturned or superseded by a subsequent court decision or by statute. The bill would provide that these provisions are declaratory of existing law and do not alter the interpretation of the terms “substantially complies” or “substantial compliance” as set forth in Sept. 10, 2024 Item #2 Page 36 of 80 22 Section 44 of Chapter 1009 of the Statutes of 1984. This bill contains other related provisions and other existing laws. (Based on 08/21/2024 text) Status: 08/30/2024 - In Assembly. Concurrence in Senate amendments pending. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 56. Noes 7.). Position: Oppose 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. (Enrolled 08/31/2024) 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, as defined, 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, including a certified local coastal 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 feasible implementation programs, consult with specified entities, and consider relevant best available science and the most appropriately scaled scientific information on linkages, corridors, and other locations that are essential to maintain landscape connectivity. The bill would authorize a city, county, or city and county to consult with other appropriate entities and meet the above-described requirements 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 08/31/2024 text) Status: 08/28/2024 - In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77. Assembly Rule 77 suspended. Senate amendments concurred in. To Engrossing and Enrolling. Sept. 10, 2024 Item #2 Page 37 of 80 23 AB 1893 (Wicks) Housing Accountability Act: housing disapprovals: required local findings. (Enrollment 08/31/2024) 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 08/23/2024 text) Status: 08/31/2024 - Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 4.). In Assembly. Concurrence in Senate amendments pending. Senate amendments concurred in. To Engrossing and Enrolling. Position: Oppose Notes: 8/20/24: EN tagged as oppose. 8/30/24: EN sent draft request for veto letter to the City for review. AB 2023 (Quirk-Silva) Housing element: inventory of land: substantial compliance: rebuttable presumptions. (Enrolled 08/31/2024) 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 Sept. 10, 2024 Item #2 Page 38 of 80 24 residential development. If that inventory of sites does not identify adequate sites to accommodate the need for groups of all household income levels, as provided, existing law requires that the local government rezone sites within 3 years after the date the housing element is adopted or within one year if the local government fails to adopt a housing element that the department finds to be in substantial compliance with the Housing Element Law within 120 days of the statutory deadline to adopt the housing element. This bill, for the 7th and each subsequent revision of the housing element, would require a local government to complete the rezoning of sites within one year of the statutory deadline for the adoption of the housing element or 3 years and 90 days of the statutory deadline 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 in substantial compliance with the Housing Element Law, as specified. This bill contains other related provisions and other existing laws. (Based on 08/31/2024 text) Status: 08/28/2024 - In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77. Assembly Rule 77 suspended. Senate amendments concurred in. To Engrossing and Enrolling. AB 2085 (Bauer-Kahan) Planning and zoning: permitted use: community clinic. (Enrolled 09/03/2024) 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 Sept. 10, 2024 Item #2 Page 39 of 80 25 these developments, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 09/03/2024 text) Status: 08/29/2024 - Assembly Rule 77 suspended. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 62. Noes 6.). AB 2199 (Berman) California Environmental Quality Act: exemption: residential or mixed-use housing projects. (Enrolled 08/28/2024) 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 08/26/2024 text) Status: 08/28/2024 - Enrolled and presented to the Governor at 4 p.m. AB 2243 (Wicks) Housing development projects: objective standards: affordability and site criteria. (Enrollment 08/31/2024) Link Existing law, the Middle Class Housing Act of 2022, provides that a housing development project is an allowable use on a parcel that is within a zone where office, retail, or parking is a principally permitted use, if the proposed development complies with specified requirements. Under that act, one of those requirements is that the project site is 20 acres or less. This bill, if the site is a regional mall, as defined, would instead require that the project site not be greater than 100 acres. This bill contains other related provisions and other existing laws. (Based on 08/27/2024 text) Status: 08/31/2024 - Read third time. Passed. Ordered to the Assembly. (Ayes 28. Noes 0.). In Assembly. Concurrence in Senate amendments pending. Senate amendments concurred in. To Engrossing and Enrolling. Sept. 10, 2024 Item #2 Page 40 of 80 26 AB 2387 (Pellerin) Mobilehome parks: additional lots: exemption from additional fees or charges. (Enrolled 08/31/2024) 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 08/31/2024 text) Status: 08/28/2024 - In Assembly. Ordered to Engrossing and Enrolling. AB 2430 (Alvarez) Planning and zoning: density bonuses: monitoring fees. (Enrolled 08/31/2024) Link Existing law, commonly referred to as the Density Bonus Law, requires a city, county, or city and county to provide a developer that proposes a housing development within the city or county with a density bonus, waivers or reductions of development standards and parking ratios, and other incentives or concessions, as specified, if the developer agrees to construct certain types of housing, including a housing development in which 100% of the units are for lower income households, except that up to 20% of the units in the development may be for moderate- income households, as specified. This bill would prohibit a city, county, or city and county from charging a monitoring fee, as defined, on those types of housing developments if certain conditions are met, except as specified. The bill would provide that, beginning on January 1, 2025, any housing development that is currently placed in service, is subject to monitoring fees, and meets those conditions shall no longer be subject to those fees. By imposing new duties on local governments, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 08/31/2024 text) Sept. 10, 2024 Item #2 Page 41 of 80 27 Status: 08/28/2024 - In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77. Assembly Rule 77 suspended. Senate amendments concurred in. To Engrossing and Enrolling. AB 2533 (Carrillo, Juan) Accessory dwelling units: junior accessory dwelling units: unpermitted developments. (Enrolled 08/29/2024) 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 08/29/2024 text) Status: 08/27/2024 - Assembly Rule 77 suspended. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0.). AB 2553 (Friedman) Housing development: major transit stops: vehicular traffic impact fees. (Enrolled 08/28/2024) 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 Sept. 10, 2024 Item #2 Page 42 of 80 28 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 08/26/2024 text) Status: 08/28/2024 - Enrolled and presented to the Governor at 4 p.m. AB 2574 (Valencia) Alcoholism or drug abuse recovery or treatment programs and facilities: disclosures. (Enrolled 09/03/2024) 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 a program or a licensed facility to disclose to the department if any of its agents, partners, directors, officers, or owners own or have 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. This bill would incorporate additional changes to Section 11833.05 of the Health and Safety Code proposed by AB 2995 to be operative only if this bill and AB 2995 are enacted and this bill is enacted last. (Based on 09/03/2024 text) Status: 08/29/2024 - Assembly Rule 77 suspended. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 0.). Position: Support 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. 8/30/24: DC sent request for signature letter to Governor's office. AB 2632 (Wilson) Planning and zoning: thrift retail stores. (Enrolled 08/31/2024) Link Sept. 10, 2024 Item #2 Page 43 of 80 29 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 08/31/2024 text) Status: 08/28/2024 - In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77. Assembly Rule 77 suspended. Senate amendments concurred in. To Engrossing and Enrolling. AB 2667 (Santiago) Affirmatively furthering fair housing: housing element: reporting. (Enrolled 08/31/2024) 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 housing. Existing law defines “affirmatively furthering fair housing” as taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws. Existing law requires a housing element to include a program that sets forth a schedule of actions during the planning period, each with a timeline for implementation such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through, among other things, the administration of land use and development controls and the provision of regulatory concessions and incentives. Existing law requires this program to affirmatively further fair housing and consist of specified components, including a summary of fair housing issues in the jurisdiction and an assessment of the jurisdiction’s fair housing enforcement and fair housing outreach capacity. This bill would require the Department of Housing and Community Development to develop a standardized reporting format for programs and actions taken with regards to the local agency affirmatively further fair housing that enables the reporting of the assessment components described-above, Sept. 10, 2024 Item #2 Page 44 of 80 30 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 would require a planning agency, for the 7th and each subsequent revision of the housing element, to make a draft of its inventory of sites required under the Housing Element Law available to the department and the public, post the draft inventory on its internet website, and send a notification email to individuals and organizations that have previously requested notices at least 90 days before the initial adoption of the housing element and at least 7 days before any subsequent adoption submittal if changes have occurred to the inventory of sites. This bill contains other related provisions and other existing laws. (Based on 08/31/2024 text) Status: 08/28/2024 - In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77. Assembly Rule 77 suspended. Senate amendments concurred in. To Engrossing and Enrolling. 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. (Enrolled 08/31/2024) 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 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 Sept. 10, 2024 Item #2 Page 45 of 80 31 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 08/31/2024 text) Status: 08/28/2024 - In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77. Assembly Rule 77 suspended. Senate amendments concurred in. To Engrossing and Enrolling. Position: Support 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. 8/29/24: DC sent request for signature letter to the Governor's office. AB 2729 (Patterson, Joe) Development projects: permits and other entitlements. (Enrollment 08/31/2024) 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 related provisions and other existing laws. (Based on 08/21/2024 text) Sept. 10, 2024 Item #2 Page 46 of 80 32 Status: 08/31/2024 - Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 2.). In Assembly. Concurrence in Senate amendments pending. Senate amendments concurred in. To Engrossing and Enrolling. Position: Oppose 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. (Enrolled 08/28/2024) Link Existing law requires the planning commission to hold a public hearing on any zoning ordinance or an amendment to a zoning ordinance that changes any property from one zone to another. Existing law, if the proposed ordinance or amendment to a zoning ordinance affects the permitted uses of real property, requires notice of the hearing to be, among other things, mailed or delivered at least 10 days prior to the hearing to the owner of the subject real property, as specified. This bill would instead require notice of the planning commission’s hearing on a proposed zoning ordinance or amendment to a zoning ordinance, if the proposed ordinance or amendment to a zoning ordinance affects the permitted uses of real property, to be published, posted, mailed, and delivered, or advertised, as applicable, at least 20 days before the hearing. This bill contains other related provisions and other existing laws. (Based on 08/26/2024 text) Status: 08/28/2024 - Enrolled and presented to the Governor at 4 p.m. AB 2967 (Ting) Teacher Housing Act of 2016: nonprofit organization employees. (Enrolled 08/27/2024) 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 Sept. 10, 2024 Item #2 Page 47 of 80 33 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 08/22/2024 text) Status: 08/27/2024 - Enrolled and presented to the Governor at 12 p.m. AB 3012 (Grayson) Development fees: fee schedule template: fee estimate tool. (Enrolled 09/03/2024) 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 09/03/2024 text) Status: 08/29/2024 - Assembly Rule 77 suspended. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0.). AB 3093 (Ward) Land use: housing element. (Enrolled 09/03/2024) 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. Existing law requires a city or county to provide by April 1 of each year an annual report to, among other entities, the Department of Housing and Community Development. The annual report is required to include, among other things, the city’s or county’s progress in meeting its share of regional housing Sept. 10, 2024 Item #2 Page 48 of 80 34 needs, as specified. This bill would require a city or county to include in the report on the progress in meeting the city’s or county’s share of regional housing need the progress in meeting the need for the 6th and previous revisions of the housing element. This bill contains other related provisions and other existing laws. (Based on 09/03/2024 text) Status: 08/29/2024 - Assembly Rule 77 suspended. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 59. Noes 1.). Position: Oppose 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. 8/12/24: SG me too'd in opposition in Senate Appropriations. AB 3122 (Kalra) Streamlined housing approvals: objective planning standards and subdivision applications. (Enrolled 08/31/2024) 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 (1) the locality’s latest production report reflects that there were fewer units of housing issued building permits affordable to either very low income or low-income households by income category than were required for the regional housing needs assessment cycle for that reporting period and (2) 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. This bill would also include as an objective planning standard that (1) the locality’s latest production report reflects the requirements described above and (2) the project application was submitted prior to January 1, 2019, and the project includes at least 500 units 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. For these purposes, the bill would include units affordable to acutely low income and extremely low income households, as those terms are defined, as units affordable to very low income households, as that term is referenced. This bill contains other related provisions and other existing laws. (Based on 08/31/2024 text) Status: 08/28/2024 - In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77. Assembly Rule 77 suspended. Senate amendments concurred in. To Engrossing and Enrolling. Sept. 10, 2024 Item #2 Page 49 of 80 35 AB 3177 (Carrillo, Wendy) Mitigation Fee Act: land dedications: mitigating vehicular traffic impacts. (Enrolled 08/31/2024) 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 within 1/2 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 08/31/2024 text) Status: 08/28/2024 - In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77. Assembly Rule 77 suspended. Senate amendments concurred in. To Engrossing and Enrolling. SB 7 (Blakespear) Regional housing need: determination. (Enrolled 08/30/2024) 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 Sept. 10, 2024 Item #2 Page 50 of 80 36 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. This bill contains other related provisions and other existing laws. (Based on 08/30/2024 text) Status: 08/28/2024 - Assembly amendments concurred in. (Ayes 31. Noes 8.) Ordered to engrossing and enrolling. SB 37 (Caballero) Older Adults and Adults with Disabilities Housing Stability Act. (Enrollment 09/03/2024) Link Existing law establishes various programs to address homelessness, including requiring the Governor to create an Interagency Council on Homelessness and establishing the Homeless Emergency Aid program for the purpose of providing localities with one-time grant funds to address their immediate homelessness challenges, as specified. Existing law commits to the Department of Housing and Community Development the administration of various housing assistance programs, including provisions relating to residential hotel rehabilitation and tasks the department, in consultation with each council of governments, with the determination of each region’s existing and projected housing need. This bill would, upon an appropriation by the Legislature for this express purpose, require the Department of Housing and Community Development, commencing January 1, 2025, to begin developing the Older Adults and Adults with Disabilities Housing Stability Pilot Program. The bill would require the department, in administering the program, to offer competitive grants to nonprofit community-based organizations, continuums of care, public housing authorities, and area agencies on aging, as specified, to administer a housing subsidy program for older adults and adults with disabilities who are experiencing homelessness or at risk of homelessness, as defined, in up to 5 geographic regions or counties. This bill contains other related provisions. (Based on 08/28/2024 text) Status: 09/03/2024 - Enrolled and presented to the Governor at 3 p.m. SB 312 (Wiener) California Environmental Quality Act: university housing development projects: exemption. (Enrolled 09/03/2024) 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 Sept. 10, 2024 Item #2 Page 51 of 80 37 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 09/03/2024 text) Status: 08/29/2024 - Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling. SB 450 (Atkins) Housing development: approvals. (Enrolled 09/03/2024) Link The Planning and Zoning law requires a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including that the proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls, except as provided. Existing law authorizes a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, except as specified, on the proposed housing development. Existing law authorizes a local agency to deny a proposed housing development if specified conditions are met, including that the building official makes a written finding that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment, as provided. This bill would remove the requirement that a proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls to be considered ministerially. The bill would prohibit a local agency from imposing objective zoning standards, objective subdivision standards, and objective design standards that do not apply uniformly to Sept. 10, 2024 Item #2 Page 52 of 80 38 development within the underlying zone, but would specify that these provisions do not prohibit a local agency from adopting or imposing objective zoning standards, objective subdivision standards, and objective design standards on the development if the standards are more permissive than applicable standards within the underlying zone. The bill would remove the authorization for a local agency to deny a proposed housing development if the building official makes a written finding that the proposed housing development project would have a specific, adverse impact upon the physical environment. The bill would require the local agency to consider and approve or deny the proposed housing development application within 60 days from the date the local agency receives the completed application, and would deem the application approved after that time. The bill would require a permitting agency, if it denies an application, to provide a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. This bill contains other related provisions and other existing laws. (Based on 09/03/2024 text) Status: 08/29/2024 - Assembly amendments concurred in. (Ayes 28. Noes 9.) Ordered to engrossing and enrolling. Position: Oppose Notes: 8/28/24: EN tagged as oppose. 8/30/24: EN sent draft request for veto letter to the City for review. 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 Sept. 10, 2024 Item #2 Page 53 of 80 39 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: fees and charges. (Enrolled 08/30/2024) Link The Mitigation Fee Act regulates fees for development projects, fees for specific purposes, including water and sewer connection fees, and fees for solar energy systems, among others. The act, among other things, requires local agencies to comply with various conditions when imposing fees, extractions, or charges as a condition of approval of a proposed development or development project. The act prohibits a local agency that imposes fees or charges on a residential development for the construction of public improvements or facilities from requiring the payment of those fees or charges until the date of the final inspection or the date the certificate of occupancy is issued, whichever occurs first, except for utility service fees, which the local agency is authorized to collect at the time an application for utility service is received. The act exempts specified units in a residential development proposed by a nonprofit housing developer if the housing development meets certain conditions. This bill would limit the utility service fees exception described above to utility service fees related to connections, and cap those fees at the costs incurred by the utility provider resulting from the connection activities. The bill would extend the above-described exemption for those units in a residential development that meets those conditions to any housing developer. This bill contains other related provisions and other existing laws. (Based on 08/30/2024 text) Status: 08/28/2024 - In Senate. Concurrence in Assembly amendments pending. Assembly amendments concurred in. (Ayes 30. Noes 1.) Ordered to engrossing and enrolling. Position: Oppose Notes: 8/28/24: EN tagged as oppose. 8/30/24: EN sent draft request for veto letter to the City for review. SB 951 (Wiener) California Coastal Act of 1976: coastal zone: coastal development. (Enrolled 09/03/2024) Link The California Coastal Act of 1976 prescribes procedures for the approval and certification of a local coastal program by the California Coastal Commission, and provides for the delegation of development review authority to a local government, as defined, with a certified local coastal program. Under the act, an action taken by a local government after certification of its local coastal program on a coastal development permit application may be appealed to the commission only on specified grounds and only for certain types of developments, including Sept. 10, 2024 Item #2 Page 54 of 80 40 any development approved by a coastal county that is not designated as the principal permitted use under the zoning ordinance or zoning district map, as specified. This bill would exempt a local government that is both a city and county from the above provision relating to the appeal of developments approved by a coastal county. This bill contains other related provisions and other existing laws. (Based on 09/03/2024 text) Status: 08/29/2024 - Assembly amendments concurred in. (Ayes 38. Noes 0.) Ordered to engrossing and enrolling. SB 1037 (Wiener) Planning and zoning: housing element: enforcement. (Enrollment 08/31/2024) Link Existing law, the Planning and Zoning Law, requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. The Planning and Zoning Law requires the Department of Housing and Community Development (HCD) to determine whether the housing element is in substantial compliance with specified provisions of that law. The Planning and Zoning Law requires HCD to notify a city, county, or city and county, and authorizes HCD to notify the office of the Attorney General, that the city, county, or city and county is in violation of state law if the local government has taken action in violation of specified provisions of law. The Planning and Zoning Law also requires, among other things, that an application for a housing development be subject to a specified streamlined, ministerial approval process if the development satisfies certain objective planning standards. The Planning and Zoning Law requires a city or county to bring its general plan into substantial compliance with provisions regulating general plans and specifies timelines under which the city or county is required to bring its zoning ordinance into consistency if the court finds in favor of a plaintiff in an action challenging the validity of a general plan, or any mandatory element thereof, as specified. This bill, in any action brought by the Attorney General or HCD 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 a court to modify certain of its prior orders, including an order directing a city or county to substantially comply with provisions regulating general plans and to bring its zoning ordinance into consistency, to impose, among other things, the maximum penalty specified in these provisions, as provided. 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 Sept. 10, 2024 Item #2 Page 55 of 80 41 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 08/23/2024 text) Status: 08/31/2024 - Read third time. Passed. Ordered to the Senate. In Senate. Concurrence in Assembly amendments pending. Assembly amendments concurred in. (Ayes 23. Noes 9.) Ordered to engrossing and enrolling. Position: Oppose 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. (Enrolled 09/03/2024) Link Existing law, the California Coastal Act of 1976, among other things, establishes the California Coastal Commission and provides for planning and regulation of development in the coastal zone, as defined. The act requires the commission to adopt, after public hearing, procedures for the preparation, submission, approval, appeal, certification, and amendment of a local coastal program, as provided. Existing law, the Planning and Zoning Law, authorizes a local agency to provide for the creation of 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 09/03/2024 text) Status: 08/29/2024 - Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling. SB 1123 (Caballero) Planning and zoning: subdivisions: ministerial review. (Enrolled 09/03/2024) Link Sept. 10, 2024 Item #2 Page 56 of 80 42 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 the newly created parcels are 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 or 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 require that a vacant lot zoned for single-family residential development is no larger than 11/2 acres, as specified, and that if the parcels are zoned for single-family residential use, the newly created parcels are no smaller 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. The bill would include in the above-described certain requirements that the proposed subdivision will not result in any existing dwelling unit being alienable separate from the title to any other existing dwelling unit on the lot. This bill contains other related provisions and other existing laws. (Based on 09/03/2024 text) Status: 08/29/2024 - Assembly amendments concurred in. (Ayes 32. Noes 6.) Ordered to engrossing and enrolling. Position: Oppose Notes: 6/11/24: EN tagged as watch. 8/20/24: EN tagged as oppose. 8/30/24: EN sent draft request for veto letter to the City for review. SB 1134 (Caballero) Surplus land. (Amended 08/19/2024) 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. Existing law, for prescribed surplus land parcels developed with residential units, requires minimum percentages of residential units developed on the parcel to be sold or rented at affordable housing cost or affordable rent. This bill, with regard to surplus land, would require each parcel of land to be considered a distinct unit of surplus land, with the exception of contiguous parcels that are disposed of simultaneously to the same receiving entity or any entity working in concert with another receiving entity, which parcels the bill Sept. 10, 2024 Item #2 Page 57 of 80 43 would require to be treated as a single unit of land. This bill contains other related provisions and other existing laws. (Based on 08/19/2024 text) Status: 08/20/2024 - Read second time. Ordered to third reading. Ordered to inactive file on request of Assembly Member Aguiar-Curry. SB 1211 (Skinner) Land use: accessory dwelling units: ministerial approval. (Enrolled 09/03/2024) Link Existing law, the Planning and Zoning Law, authorizes a local agency, by ordinance, to provide for the creation of accessory dwelling units (ADUs) in areas zoned for residential use, as specified. That law prohibits, if a local agency adopts an ordinance to create ADUs in those zones, the local agency from requiring the replacement of offstreet parking spaces if a garage, carport, or covered parking structure is demolished in conjunction with the construction of, or is converted to, an ADU. This bill would also prohibit the local agency from requiring the replacement of offstreet parking spaces if an uncovered parking space is demolished in conjunction with the construction of, or is converted to, an ADU. This bill contains other related provisions and other existing laws. (Based on 09/03/2024 text) Status: 08/29/2024 - Assembly amendments concurred in. (Ayes 30. Noes 9.) Ordered to engrossing and enrolling. SB 1342 (Atkins) California Environmental Quality Act: infrastructure projects: County of San Diego. (Enrolled 08/30/2024) 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 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 Sept. 10, 2024 Item #2 Page 58 of 80 44 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 08/30/2024 text) Status: 08/28/2024 - In Senate. Concurrence in Assembly amendments pending. Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling. SB 1395 (Becker) Shelter crisis: Low Barrier Navigation Center: use by right: building standards. (Enrolled 08/23/2024) 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 08/21/2024 text) Status: 08/23/2024 - Enrolled and presented to the Governor at 2 p.m. Open Meetings and Transparency AB 2095 (Maienschein) Publication: newspapers of general circulation. (Enrollment 08/31/2024) 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 Sept. 10, 2024 Item #2 Page 59 of 80 45 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. This 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, until January 1, 2028, would exempt a public notice that is published in a newspaper of general circulation that has 5 or fewer employees from the requirements that the notice be published on the newspaper’s internet website or electronic newspaper and on the statewide internet website. This bill contains other related provisions and other existing laws. (Based on 08/28/2024 text) Status: 08/31/2024 - Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.). In Assembly. Concurrence in Senate amendments pending. Senate amendments concurred in. To Engrossing and Enrolling. AB 2302 (Addis) Open meetings: local agencies: teleconferences. (Enrolled 08/27/2024) Link Existing law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body, as defined, of a local agency be open and public and that all persons be permitted to attend and participate. The act generally requires for teleconferencing that the legislative body of a local agency that elects to use teleconferencing post agendas at all teleconference locations, identify each teleconference location in the notice and agenda of the meeting or proceeding, and have each teleconference location be accessible to the public. Existing law also requires that, during the teleconference, at least a quorum of the members of the legislative body participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. Existing law, until January 1, 2026, authorizes the legislative body of a local agency to use alternative teleconferencing in specified circumstances if, during the teleconference meeting, at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda that is open to the public and situated within the boundaries of the territory over which the local agency exercises jurisdiction, and the legislative body complies with prescribed requirements. Existing law imposes prescribed restrictions on remote participation by a member under these alternative teleconferencing provisions, including establishing limits on the number of meetings a member may participate in solely by teleconference from a remote location, prohibiting such participation for a period of more than 3 consecutive months or 20% Sept. 10, 2024 Item #2 Page 60 of 80 46 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 08/22/2024 text) Status: 08/27/2024 - Enrolled and presented to the Governor at 12 p.m. AB 2715 (Boerner) Ralph M. Brown Act: closed sessions. (Enrolled 08/27/2024) 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 08/22/2024 text) Status: 08/27/2024 - Enrolled and presented to the Governor at 12 p.m. Position: Sponsor Notes: 2/14/24: EN tagged as sponsor. 2/26/24: SG sent a draft sponsor letter to the City for review. 3/12/24: EN received finalized letter, submitted to Assembly Local Government, and emailed author's office. 5/1/24: City Attorney Cindie McMahon gave primary testimony in support in Assembly Local Government. 5/29/24: EN submitted sponsor letter to Senate Local Government, emailed delegation and governor's office, and sent letter to City. 6/5/24: DH provided primary testimony in support in Senate Local Government. 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. 8/21/24: EN sent draft request for signature letter to the City for review. 8/26/24: EN followed up with the City on the draft letter. 8/27/24: EN received final letter and sent to governor's office. Public Safety and EMS AB 1082 (Kalra) Authority to remove vehicles. (Amended 08/23/2024) 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 Sept. 10, 2024 Item #2 Page 61 of 80 47 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. This bill would delete the authority of a peace officer or public employee, as appropriate, to remove a vehicle under these circumstances. The bill would delete the related authority to conduct a lien sale to cover towing and storage expenses, except as specified. The bill would make various conforming and technical changes. This bill contains other related provisions and other existing laws. (Based on 08/23/2024 text) Status: 08/31/2024 - Ordered to inactive file at the request of Senator Gonzalez. AB 1168 (Bennett) Emergency medical services (EMS): prehospital EMS. (Enrolled 08/29/2024) 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 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, 2025, the bill would ensure a city or fire district retains its existing authorities regarding, and the administration of, prehospital EMS. The bill would set various conditions for a joint powers agreement, including, among other things, requiring uniform operational procedures for prehospital EMS throughout the EMS area or subarea covered by the agreement. This bill contains other related provisions and other existing laws. (Based on 08/29/2024 text) Status: 08/27/2024 - Assembly Rule 77 suspended. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 69. Noes 0.). Notes: CalCities sponsored AB 1843 (Rodriguez) Emergency ambulance employees. (Enrollment 08/31/2024) 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 Sept. 10, 2024 Item #2 Page 62 of 80 48 through an employee assistance program (EAP), and requires the EAP coverage to provide up to 10 mental health treatments per issue per calendar year. This bill would require an emergency ambulance provider, as defined, to offer to all emergency ambulance employees, upon the employee’s request, peer support services to provide peer representatives who are available to come to the aid of their fellow employees on a broad range of emotional or professional issues. The bill would require a peer support program to be implemented through a labor- management agreement negotiated separately from a collective bargaining agreement covering affected emergency ambulance employees. This bill would specify conditions under which prescribed confidential communications between an emergency ambulance employee and a peer support team member may be disclosed. The bill would specify that an emergency ambulance employee who provides peer support services as a member of a peer support team, and the ambulance agency that employs them, shall not be liable for damages unless an act, error, or omission in performing peer support services constitutes gross negligence or intentional misconduct, except for an action for medical malpractice. (Based on 08/28/2024 text) Status: 08/31/2024 - Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.). In Assembly. Concurrence in Senate amendments pending. Senate amendments concurred in. To Engrossing and Enrolling. AB 1960 (Rivas, Robert) Sentencing enhancements: property loss. (Enrollment 09/03/2024) Link State law, repealed as of January 1, 2018, required a court to impose an additional term of imprisonment, as specified, on a person who takes, damages, or destroys property in the commission or attempted commission of a felony, as specified. This bill would, until January 1, 2030, create sentencing enhancements for taking, damaging, or destroying property in the commission or attempted commission of a felony, as specified. By adding new sentencing enhancements, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 06/30/2024 text) Status: 09/03/2024 - Enrolled and presented to the Governor at 3:30 p.m. AB 1978 (Sanchez) Vehicles: speed contests. (Enrollment 08/31/2024) 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 08/23/2024 text) Sept. 10, 2024 Item #2 Page 63 of 80 49 Status: 08/31/2024 - In Assembly. Concurrence in Senate amendments pending. Senate amendments concurred in. To Engrossing and Enrolling. AB 2021 (Bauer-Kahan) Crimes: selling or furnishing tobacco or related products and paraphernalia to underage persons. (Enrollment 09/03/2024) Link Existing law prohibits the sale or furnishing of tobacco or tobacco products or paraphernalia, as specified, to a person who is under 21 years of age. Under existing law, a violation of this prohibition is punishable by a fine of $200 for the first offense, $500 for the 2nd offense, and $1,000 for the 3rd offense, either as a misdemeanor or by a civil action, as specified. This bill would create a separate fine of $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 08/28/2024 text) Status: 09/03/2024 - Enrolled and presented to the Governor at 3:30 p.m. AB 2081 (Davies) Substance abuse: recovery and treatment programs. (Enrolled 08/27/2024) 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 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 08/22/2024 text) Status: 08/27/2024 - Enrolled and presented to the Governor at 12 p.m. Position: Support 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. 8/22/24: DC sent request for signature letter to the Governor's office. Sept. 10, 2024 Item #2 Page 64 of 80 50 AB 3241 (Pacheco) Law enforcement: police canines. (Amended 08/15/2024) 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 July 1, 2026, to study and issue recommendations to the Legislature on the use of canines by law enforcement, as specified. This bill contains other related provisions and other existing laws. (Based on 08/15/2024 text) Status: 08/31/2024 - Ordered to inactive file at the request of Senator Gonzalez. Position: Watch 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. (Enrollment 09/03/2024) 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, require a person who possesses a firearm in a residence to keep the firearm securely stored when the firearm is not being carried or readily controlled by the person or another lawful authorized user. For purposes of these provisions, a firearm is securely stored if the firearm is maintained within, locked by, or disabled using a certified firearm safety device or Sept. 10, 2024 Item #2 Page 65 of 80 51 secure gun safe that meets specified standards. The bill would make a first and 2nd violation of this offense punishable as an infraction, and a 3rd or subsequent violation punishable as a misdemeanor. The bill would exempt unloaded antique firearms, as defined, or firearms that are permanently inoperable from these provisions. The bill would require the Department of Justice to seek to inform residents about these standards for storage of firearms. 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 08/29/2024 text) Status: 09/03/2024 - Enrolled and presented to the Governor at 3 p.m. SB 926 (Wahab) Crimes: distribution of intimate images. (Enrollment 08/30/2024) Link Existing law defines certain acts as disorderly conduct, punishable as a misdemeanor. Under existing law, it is disorderly conduct to intentionally distribute or cause to be distributed the image of the intimate body part or parts of another identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates, under circumstances in which the persons agree or understand that the image shall remain private, the person distributing the image knows or should know that distribution of the image will cause serious emotional distress, and the person depicted suffers that distress. This bill would make it a crime for a person who is 18 years of age or older to intentionally create and distribute or cause to be distributed any photo realistic image, digital image, electronic image, computer image, computer-generated image, or other pictorial representation of an intimate body part or parts of another identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates that was created in a manner that would cause a reasonable person to believe the image is an authentic image of the person depicted, under circumstances in which the person distributing the image knows or should know that distribution of the image will cause serious emotional distress, and the person depicted suffers that distress. By expanding the scope of a crime, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 647 of the Penal Code proposed by AB 1874, AB 1962, and SB 1414, to be operative only if this bill and some or all of those other bills are enacted and this bill is enacted last. This bill contains other related provisions and other existing laws. (Based on 08/22/2024 text) Status: 08/30/2024 - Assembly amendments concurred in. (Ayes 40. Noes 0.) Ordered to engrossing and enrolling. SB 1381 (Wahab) Crimes: child pornography. (Enrollment 08/31/2024) Link Existing law prohibits the production, development, duplication, distribution, or possession, as specified, of matter, in specified formats, that depicts a person under 18 years of age engaging in or simulating sexual conduct, as defined. Existing law separately prohibits this conduct where it is done for consideration or where such matter is shared with a minor. Existing law also Sept. 10, 2024 Item #2 Page 66 of 80 52 prohibits the employment or use of a minor, or the permitting by a parent or guardian of the employment or use of a minor for the production of such matter. Existing law authorizes the forfeiture and destruction of such matter regardless of whether a conviction is sought or obtained. This bill would expand the scope of certain of these provisions to include matter that is digitally altered or generated by the use of artificial intelligence, as such matter is defined. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. This bill contains other existing laws. (Based on 08/27/2024 text) Status: 08/31/2024 - Read third time. Passed. Ordered to the Senate. In Senate. Concurrence in Assembly amendments pending. Assembly amendments concurred in. (Ayes 38. Noes 0.) Ordered to engrossing and enrolling. Revenue and Taxation AB 1932 (Ward) Personal income tax: mortgage interest deduction. (Amended 04/03/2024) Link The Personal Income Tax Law allows various deductions in computing the income that is subject to the taxes imposed by that law, including, in modified conformity with federal income tax laws, a deduction for a limited amount of interest paid on acquisition indebtedness, as defined, with respect to a qualified residence of the taxpayer. Existing law limits the aggregate amount treated as acquisition indebtedness for these purposes to $1,000,000, or $500,000 in the case of a married individual filing a separate return. Existing law specifies for these purposes that a qualified residence includes the taxpayer’s principal residence and one other residence selected by the taxpayer, as provided. This bill, for taxable years beginning on or after January 1, 2025, would disallow the deduction of acquisition indebtedness with respect to a qualified residence of a taxpayer other than the principal residence. This bill would require the Franchise Tax Board, in consultation with the Department of Finance, to estimate the amount of additional revenue resulting from the above-described modifications made with respect to the calculation of taxable income under the Personal Income Tax Law by this bill and to notify the 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 Sept. 10, 2024 Item #2 Page 67 of 80 53 consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state, and provides various exemptions from the taxes imposed by those laws. This bill, on and after January 1, 2025, and before January 1, 2030, would exempt from those taxes the gross receipts from the sale of, and the storage, use, or other consumption of, qualified school supplies, as defined, purchased during the first weekend in August, beginning at 12:01 a.m. on Saturday and ending at 11:59 p.m. on Sunday. This bill contains other related provisions and other existing laws. (Based on 03/21/2024 text) Status: 04/01/2024 - Re-referred to Com. on REV. & TAX. In committee: Set, second hearing. Hearing canceled at the request of author. AB 2616 (Lee) Personal income tax: mortgage interest deduction. (Introduced 02/14/2024) Link The Personal Income Tax Law allows various deductions in computing the income that is subject to the taxes imposed by that law, including, in modified conformity with federal income tax laws, a deduction for a limited amount of interest paid on acquisition indebtedness, as defined, with respect to a qualified residence of the taxpayer. Existing law limits the aggregate amount treated as acquisition indebtedness for these purposes to $1,000,000, or $500,000 in the case of a married individual filing a separate return. Existing law specifies for these purposes that a qualified residence includes the taxpayer’s principal residence and one other residence selected by the taxpayer, as provided. This bill, for taxable years beginning on or after January 1, 2025, would disallow the deduction of acquisition indebtedness with respect to a qualified residence of a taxpayer other than the principal residence. This bill would require the Franchise Tax Board, in consultation with the Department of Finance, to estimate the amount of additional revenue resulting from the above-described modifications made with respect to the calculation of taxable income under the Personal Income Tax Law by this bill and to notify the Controller of that amount, as provided. This bill contains other related provisions and other existing laws. (Based on 02/14/2024 text) Status: 02/15/2024 - From printer. May be heard in committee March 16. AB 2854 (Irwin) Bradley-Burns Uniform Local Sales and Use Tax Law. (Enrolled 08/31/2024) 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 Sept. 10, 2024 Item #2 Page 68 of 80 54 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, as prescribed. 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 08/31/2024 text) Status: 08/28/2024 - In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77. Assembly Rule 77 suspended. Senate amendments concurred in. To Engrossing and Enrolling. 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 Sept. 10, 2024 Item #2 Page 69 of 80 55 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. (Enrolled 09/03/2024) Link The California Constitution sets forth various requirements for the imposition of local taxes. The California Constitution excludes from classification as a tax assessments and property-related fees imposed in accordance with provisions of the California Constitution that establish requirements for those assessments and property-related fees. Under these requirements, an assessment is prohibited from being imposed on any parcel if it exceeds the reasonable cost of the proportional special benefit conferred on that parcel, and a fee or charge imposed on any parcel or person as an incident of property ownership is prohibited from exceeding the proportional cost of the service attributable to the parcel. Existing law, known as the Proposition 218 Omnibus Implementation Act, prescribes specific procedures and parameters for local compliance with the requirements of the California Constitution for assessments and property-related fees. This bill would require a local agency, if a court determines that a fee or charge for a property-related service, as specified, violates the above-described provisions of the California Constitution relating to fees and charges, to credit the amount of the fee or charge attributable to the violation against the amount of the revenues required to provide the property-related service, unless a refund is explicitly provided for by statute. 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 09/03/2024 text) Status: 08/29/2024 - Assembly amendments concurred in. (Ayes 30. Noes 9.) Ordered to engrossing and enrolling. 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 Sept. 10, 2024 Item #2 Page 70 of 80 56 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 AB 637 (Jackson) Zero-emission vehicles: fleet owners: rental vehicles. (Enrolled 09/03/2024) 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 adopts a regulation on or after April 28, 2023, requiring 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 pursuant to this authority is not precluded from including that vehicle in their fleet for purposes of calculating any zero-emission vehicle acquisition requirement. (Based on 09/03/2024 text) Status: 08/29/2024 - Assembly Rule 77 suspended. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 66. Noes 1.). AB 1890 (Patterson, Joe) Public works: prevailing wage. (Enrolled 08/28/2024) 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 Sept. 10, 2024 Item #2 Page 71 of 80 57 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 08/26/2024 text) Status: 08/28/2024 - Enrolled and presented to the Governor at 4 p.m. AB 2037 (Papan) Weights and measures: electric vehicle chargers. (Enrolled 08/29/2024) 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, beginning January 1, 2026, 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. This bill contains other related provisions and other existing laws. (Based on 08/29/2024 text) Status: 08/27/2024 - Assembly Rule 77 suspended. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0.). AB 2234 (Boerner) Vehicles: electric bicycles. (Enrolled 08/28/2024) 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 Sept. 10, 2024 Item #2 Page 72 of 80 58 within the County of San Diego, or the County of San Diego in unincorporated areas, to adopt an ordinance or resolution that would prohibit a person under 12 years of age from operating a class 1 or 2 electric bicycle. 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 08/26/2024 text) Status: 08/28/2024 - Enrolled and presented to the Governor at 4 p.m. Position: Sponsor 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. 8/21/24: EN sent draft request for signature letter to the City for review. 8/26/24: EN followed up with the City on the draft letter. 8/27/24: EN received final letter and sent to governor's office. AB 2503 (Lee) California Environmental Quality Act: exemption: passenger rail projects. (Enrolled 08/28/2024) 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, 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 Sept. 10, 2024 Item #2 Page 73 of 80 59 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 08/26/2024 text) Status: 08/28/2024 - Enrolled and presented to the Governor at 4 p.m. SB 768 (Caballero) California Environmental Quality Act: Department of Housing and Community Development: vehicle miles traveled: study. (Enrollment 09/03/2024) 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 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 purposes of CEQA, 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 Department of Housing and Community Development in the Business, Consumer Services, and Housing Agency and makes the department responsible for administering various housing programs throughout the state. This bill would require the department, in consultation with local governments and other interested parties, as specified, by January 1, 2028, and subject to an appropriation by the Legislature for this purpose, to conduct and post on its internet website a study on how vehicle miles traveled is used as a metric for measuring transportation impacts of housing projects 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 to housing projects for vehicle miles traveled in rural, suburban, urban, and low vehicle miles traveled areas. The bill would repeal those provisions on January 1, 2029. (Based on 08/29/2024 text) Status: 09/03/2024 - Enrolled and presented to the Governor at 3 p.m. Sept. 10, 2024 Item #2 Page 74 of 80 60 SB 1098 (Blakespear) Passenger and freight rail: LOSSAN Rail Corridor. (Enrolled 08/30/2024) Link Existing law establishes the Department of Transportation in the Transportation Agency. 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 would also require the Secretary of Transportation, with technical and subject matter assistance from the Secretary for Environmental Protection and the Secretary of the Natural Resources Agency, to submit a report to the Legislature regarding the LOSSAN Rail Corridor that includes specified information no later than 2 years after an appropriation is made by the Legislature for purposes of this report. The bill would also require the Secretary of Transportation, in coordination with stakeholders responsible for operating rail services along the LOSSAN Rail Corridor, to submit a report to the Legislature on the performance of the LOSSAN Rail Corridor no later than 3 years after an appropriation is made by the Legislature for purposes of this performance report and biennially thereafter. This bill contains other related provisions and other existing laws. (Based on 08/30/2024 text) Status: 08/28/2024 - Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling. SB 1216 (Blakespear) Transportation projects: Class III bikeways: prohibition. (Enrolled 09/03/2024) 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 new sharrow on a highway that has a posted speed limit greater than 30 miles per hour, except as specified. This bill contains other related provisions and other existing laws. (Based on 09/03/2024 text) Status: 08/29/2024 - Assembly amendments concurred in. (Ayes 31. Noes 8.) Ordered to engrossing and enrolling. Sept. 10, 2024 Item #2 Page 75 of 80 61 SB 1271 (Min) Electric bicycles, powered mobility devices, and storage batteries. (Enrolled 09/03/2024) Link Existing law defines an electric bicycle as a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts, and 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 that does not exceed 750 watts of power. 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, except as specified, nor providing assistance to reach speeds greater than 20 miles per hour and the motor on a class 3 electric bicycle is not capable of exclusively propelling the bicycle, except as specified. 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 09/03/2024 text) Status: 08/29/2024 - Assembly amendments concurred in. (Ayes 38. Noes 0.) Ordered to engrossing and enrolling. Position: Support 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. 8/30/24: DC sent request for signature letter to Governor's office. SB 1383 (Bradford) California Advanced Services Fund: Broadband Public Housing Account. (Enrollment 09/03/2024) Link Existing law requires the Public Utilities Commission to establish the Broadband Public Housing Account in the California Advanced Services Fund and makes the moneys in the account available to the commission to award grants to low-income communities to finance projects to connect broadband networks that offer free broadband service that meets or exceeds state standards for residents of low-income communities. This bill would make moneys in the account available instead for grants and loans to finance projects to connect broadband networks that offer broadband service for residents of low-income communities and would Sept. 10, 2024 Item #2 Page 76 of 80 62 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 08/28/2024 text) Status: 09/03/2024 - Enrolled and presented to the Governor at 3 p.m. 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. (Enrolled 08/29/2024) Link Under existing law, the State Water Resources Control Board and the 9 California regional water quality control boards regulate water quality in accordance with the Porter-Cologne Water Quality Control Act and the federal Clean Water Act. Existing law authorizes a regional board to order the provision of sewer service by a receiving sewer system, as defined, to a disadvantaged community served by an inadequate onsite sewage treatment system, as defined. This bill would authorize the state board, until January 1, 2029, and after it makes 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 Sept. 10, 2024 Item #2 Page 77 of 80 63 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 08/29/2024 text) Status: 08/27/2024 - Assembly Rule 77 suspended. Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0.). AB 3121 (Petrie-Norris) Public utilities: incentive programs. (Amended 08/28/2024) Link Existing law establishes the Multifamily Affordable Housing Solar Roofs Program. Existing law requires the Public Utilities Commission (PUC), as part of the program, to authorize the award of monetary incentives for qualifying solar energy systems, as defined, that are installed on multifamily residential properties of at least 5 rental housing units that are operated to provide deed-restricted low-income residential housing, as defined, and that meet one or more specified requirements, as provided. Existing law requires the PUC to annually authorize the allocation of $100,000,000 or 66.67% of available funds, whichever is less, beginning with the fiscal year commencing July 1, 2016, and ending with the fiscal year ending June 30, 2020, to the program from certain greenhouse gas allowance revenues received by electrical corporations and set aside for clean energy and energy efficiency projects, as provided. Existing law requires the PUC to continue authorizing the allocation of these funds through June 30, 2026, if the PUC determines that revenues are available after 2020 and that there is adequate interest and participation in the program. Existing law requires the PUC to evaluate the program every 3 years and requires the PUC to make necessary adjustments to the program to ensure that the goals of the program are being met, as specified. Existing law authorizes the PUC to credit uncommitted funds back to ratepayers if the PUC, upon review, finds that there is insufficient participation in the program. This bill would require the PUC to credit no more than 1/2 of the program funds that are unencumbered as of January 1, 2025, back to the residential retail customers of electrical corporations, as specified. (Based on 08/28/2024 text) Status: 08/30/2024 - In committee: Set, first hearing. Hearing canceled at the request of author. ACA 2 (Alanis) Water Resiliency Act of 2024. (Amended 03/06/2024) Link The California Constitution declares that the general welfare requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable, and that the right to the use of water does not extend to the waste or unreasonable use, method of use, or method of diversion of water. This measure would require the Treasurer to annually transfer an amount equal to 1.5% of all state revenues from the General Fund to the California Water Resiliency Trust Fund, which the measure would create. The measure would continuously Sept. 10, 2024 Item #2 Page 78 of 80 64 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 1390 (Caballero) Groundwater recharge: floodflows: diversion. (Amended 08/22/2024) Link Existing law declares that all water within the state is the property of the people of the state, but the right to the use of the water may be acquired by appropriation in the manner provided by law. Existing law requires the appropriation to be for some useful or beneficial purpose. Existing law provides, however, that the diversion of floodflows for groundwater recharge does not require an appropriative water right if certain conditions are met, including that a local or regional agency that has adopted a local plan of flood control or has considered flood risks as part of its most recently adopted general plan has given notice, as provided, of imminent risk of flooding and inundation of lands, roads, or structures. Existing law 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, among other things, expand the conditions that are required to be met for the diversion of floodwaters for groundwater recharge that do not require an appropriative water right. The bill would expand the definition of “floodflow” to include flows that are projected by the local or regional agency to inundate ordinarily dry areas in the bed of a terminal lake, as described above. The bill would revise the definition of “imminent” to mean a high degree of confidence that a condition will begin or is projected to begin within the next 72 hours. The bill would require that a local or regional agency with the responsibility for flood management take specified actions, including making a declaration that diversion of floodflows for groundwater recharge from a delineated stretch of waterway within its jurisdiction is in accordance with one of certain Sept. 10, 2024 Item #2 Page 79 of 80 65 enumerated plans relating to flood control or flood risk, as specified, or a local hazard mitigation plan under specified federal law, and to give public notice, as specified, that a delineated area within the local or regional agency’s jurisdiction is at imminent risk of flooding and inundation of land, roads, or structures. The bill would require diversions to cease no later than 30 days after the public notice is given, unless they are renewed. The bill would require, not less than 48 hours from the projected end of flood conditions, a local or regional agency that has made a declaration authorizing flood diversions to issue a declaration when flood conditions are projected to end informing the public and diverters when diversions shall cease, as provided. The bill would further require, within 24 hours of the declaration, that agency to post the declaration and forward the declaration to all diverters that have informed the agency of diversion. This bill contains other related provisions and other existing laws. (Based on 08/22/2024 text) Status: 09/01/2024 - VOTE: SB 1390 Caballero Senate Third Reading By Aguiar-Curry (FAIL) Sept. 10, 2024 Item #2 Page 80 of 80 HOUSING AND HOMELESSNESS SB 7 -Strengthening the Regional Housing Needs Allocation Process: SB 7 will change statutory requirements related to the Regional Housing Needs Determination and Regional Housing Needs Allocation processes according to recommendations made to the Legislature by the Department of Housing and Community Development. Status: Governor's Desk SB 1077 -GUIDANCE FOR ZONING AND PERMITTING OF ACCESSORY DWELLING UNITS: Requires the Coastal Commission and Housing and Community Development to collaboratively develop guidance for local governments on how to update their Local Coastal Programs and ADU ordinances. This bill requires HCD and CCC to solicit feedback from the public and publish the guidance document on or before Jan 1, 2026. Status: Governor's Desk SB 1361 -California Environmental Quality Act (CEQA) Homelessness Services: clarifies that actions by local agencies taken to contract for shelter-based service provision to people experiencing homelessness are not subject to CEQA. Status: Passed into Law WOMEN AND CHILDREN SB 949 -LACTATION ACCESS IN COURTHOUSES: would require courts (starting in January 2026) to grant reasonable break times for people participating in an ongoing court proceeding to express breast milk. This bill idea came from a constituent who, as an attorney, had to ask in open court for a break to express bteastmilk. This bill would allow a breastfeeding person to request breaks more discreetly through a form rather than asking in open court. Status: Governor's Desk ELECTIONS SB 1476 -Conflict of Interest Code compliance with Political Reform Act: Clarifies the State Bar's adopted conflict of interest of code must be in compliance with the Political Reform Act. Passed. Governor's Desk SB 1493 - State Voter Guides: Requires only one physical copy of the state voter information guide and copies of the full text of measures be mailed to specific offices and members of the legislature. Would allow specific offices or members to request additional copies. In a digital world, this bill aims to reduce paper waste and mailing expenses. Governor's Desk • HEALTH SB 1257 -California Advancing and Innovating Medi-Cal (CalAIM): Improves the implementation of the statewideCal-AIM initiative to increase health equity and care quality for Medi-Cal patients. This bill consolidates the two advisory boards authorized for the County of San Diego's Medi-Cal Multiplan managed care pilot into one advisory board. The bill will expand the scope of this advisory board to include topics related to the implementation of future Medi-Cal federal waiver programs the state initiates. This bill is sponsored by the County of San Diego. Status: Passed into Law City of Carlsbad Legislative Subcommittee Renne Public Policy Group │ www.publicpolicygroup.com Sharon Gonsalves, Director of Government Affairs, Renne Public Policy Group September 10, 2024 2024 Legislative Calendar Renne Public Policy Group │ www.publicpolicygroup.com •January 10—Governor’s Budget Proposal •January 31—House of Origin Deadline (1st Year bills) •February 16—Introduction Deadline (2nd Year Bills) •March 21-April 1—Legislative Spring Recess •Mid-May—Governor’s May Budget Revise •May 24—House of origin deadline; last day for 2nd year bills to advance to the opposite house •June 15—Legislature must pass FY 24-25 Budget •June 30—Governor must sign FY 24-25 Budget •August 31—Last day for the Legislature to pass bills •September 30—Last day for the Governor to sign or veto bills Bills of Interest Renne Public Policy Group │ www.publicpolicygroup.com Bills that the committee has or may want to position on. City Sponsored Bills Renne Public Policy Group │ www.publicpolicygroup.com AB 2234 (Boerner) Vehicles: electric bicycles Authorizes a local authority within the County of San Diego to adopt an ordinance or resolution that would prohibit a person under 12 years of age from operating a class 1 or 2 electric bicycle and require the county to submit a report to the Legislature on specified outcomes. City Position: Sponsor Status: Enrolled AB 2715 (Boerner) Ralph M. Brown Act: closed sessions Authorizes a legislative body to hold a closed session with other law enforcement or security personnel and to hold a closed session on a threat to critical infrastructure controls or critical infrastructure information relating to cybersecurity. City Position: SponsorStatus: Enrolled Positioned Legislation: Transportation Renne Public Policy Group │ www.publicpolicygroup.com SB 689 (Blakespear) Local coastal program: bicycle lane: amendment This bill would provide that an application by a local government to convert an existing motorized vehicle travel lane into a dedicated bicycle lane shall not require a traffic study for the processing of either a coastal development permit or an amendment to a local coastal program. City Position: Support Status: Enrolled SB 1271 (Min) Electric bicycles, powered mobility devices, and storage batteries The bill would clarify the definitions of “class 1 electric bicycle” and “class 3 electric bicycle” by providing that the motor on a class 1 electric bicycle is not capable of exclusively propelling the bicycle nor providing assistance to reach speeds greater than 20 miles per hours and the motor on a class 3 electric bicycle is not capable of exclusively propelling the bicycle.City Position: SupportStatus: Enrolled Positioned Legislation: Gov Ops Renne Public Policy Group │ www.publicpolicygroup.com AB 2257 (Wilson) Local government: property-related water and sewer fees and assessments: remedies This bill would prohibit a person or entity from bringing a judicial action or proceeding alleging noncompliance with the constitutional provisions for any new, increased, or extended fee or assessment unless that person or entity has timely submitted to the local agency a written objection to that fee or assessment that specifies the grounds for alleging noncompliance. City Position: Support Status: Enrolled Positioned Legislation: Housing and Land Use Renne Public Policy Group │ www.publicpolicygroup.com AB 1886 (Alvarez) Housing Element Law: substantial compliance: Housing Accountability Act This bill would state that a housing element shall be considered to be in substantial compliance with housing element law when the local agency adopts the housing element or amendment for the current planning period in accordance with housing element law. City Position: Oppose Status: Enrolled Positioned Legislation: Housing and Land Use Renne Public Policy Group │ www.publicpolicygroup.com AB 1893 (Wicks) Housing Accountability Act: housing disapprovals: required local findings This bill would make numerous changes and additions to the Housing Accountability Act (HAA) in an effort to advance “builder’s remedy” projects in jurisdictions which do not have a housing element in compliance with the law. City Position: Oppose Status: Enrolled AB 2684 (Bryan) Safety element: extreme heat This bill would require a city, upon the next update of one or more of the elements included in the general plan on or after January 1, 2028, to review and update its safety element to address the hazard of extreme heat. City Position: Support Status: Enrolled Positioned Legislation: Housing and Land Use Renne Public Policy Group │ www.publicpolicygroup.com AB 2729 (Patterson) Residential fees and charges This bill would extend by 18 months the period for the expiration, effectuation, or utilization of a housing entitlement that was issued before January 1, 2024, and that will expire before December 31, 2025. City Position: Oppose Status: Enrolled AB 3093 (Ward) Land use: housing element: streamlined multifamily housing This bill would require local governments to account for the housing needs of people experiencing homelessness or near homelessness in their housing elements. City Position: Oppose Status: Enrolled Positioned Legislation: Housing and Land Use Renne Public Policy Group │ www.publicpolicygroup.com SB 450 (Atkins) Housing development: approvals This bill would remove the requirement that a proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls to be considered ministerially. City Position: Oppose Status: Enrolled SB 937 (Wiener) Development projects: fees and charges This bill would prohibit a local government from requiring payment of fees or charges for public improvements or facilities on a designated residential development project before the development receives a certificate of occupancy. City Position: Oppose Status: Enrolled Positioned Legislation: Housing and Land Use Renne Public Policy Group │ www.publicpolicygroup.com SB 1037 (Wiener) Planning and zoning: housing element: enforcement This bill,in any action brought by the Attorney General, on behalf of HCD to enforce the adoption of housing element revisions or to enforce any state law that requires a local agency to ministerially approve any land use decision or permitting application for a housing development project,would subject the local agency to specified remedies,including a civil penalty of,at minimum, $10,000 per month, and not exceeding $50,000 per month, for each violation. City Position: Oppose Status: Enrolled Positioned Legislation: Community Services Renne Public Policy Group │ www.publicpolicygroup.com AB 2081 (Davies) Substance abuse: recovery and treatment programs This bill would require a licensed recovery facility or certified drug program to disclose whether the facility’s license or program’s certification has been placed in probationary status, been subject to a temporary suspension order, been revoked, or the operator has been given a notice of operation in violation of law. AB 2574 (Valencia) Alcoholism or drug abuse recovery or treatment programs and facilities: disclosures This bill would require an operator of a certified program or a licensed facility to disclose to the department whether the licensee, or a general partner or director have a financial interest in a recovery residence or entity that provides recovery services. City Positions: Support AB 2081 and AB 2574 Status: Enrolled Positioned Legislation: Labor Relations Renne Public Policy Group │ www.publicpolicygroup.com AB 2561 (McKinnor) Local public employees: vacant positions This bill would require a public agency to present the status of vacancies and recruitment and retention efforts at a public hearing at least once per fiscal year,and would entitle the recognized employee organization to present at the hearing.If the number of job vacancies within a single bargaining unit meets or exceeds 20% of the total number of authorized full-time positions,the bill would require the public agency,upon request of the recognized employee organization,to include specified information during the public hearing. City Position: Oppose Status: Senate Floor Positioned Legislation: Environment and Climate Renne Public Policy Group │ www.publicpolicygroup.com AJR 12 (Alvarez) Tijuana River: cross-border pollution This bill would urge the US Congress and POTUS to fully fund the EPA’s Comprehensive Infrastructure Solution for the Tijuana River. City Position: Support Status: Chaptered by Secretary of State- Chapter 201, Statutes of 2024 Positioned Legislation: Environment and Climate Renne Public Policy Group │ www.publicpolicygroup.com SB 1053 (Blakespear) and AB 2236 (Bauer-Kahan) Solid waste: reusable grocery bags: standards: plastic film prohibition These bills would ban the use of plastic bags at checkout in stores and would revise the definition of “recycled paper bag” to require it be made from a minimum of 50% percent postconsumer recycled materials, without exception. The bills would also require a reusable grocery bag sold by a store to a customer at the point of sale to meet different requirements including that it not be made from plastic film material. City Position: Support Status: AB 2236: Died on Assembly Floor SB 1053: Enrolled Legislative Update: Housing and Land Use Renne Public Policy Group │ www.publicpolicygroup.com AB 98 (Carrillo) Planning and zoning: logistics use: truck routes This bill would prescribe various statewide warehouse design and build standards for any proposed new or expanded logistics use developments, including,among other things, standards for building design and location, parking, truck loading bays,landscaping buffers,entry gates,and signage. Status: Enrolled Legislative Update: Public Safety Renne Public Policy Group │ www.publicpolicygroup.com SB 53 (Portantino) Firearms: storage This bill would require a person who possesses a firearm in a residence to keep the firearm securely stored when the firearm is not being carried or readily controlled by the person or another lawful authorized user. Status: Enrolled Questions/Discussion Thank You! Renne Public Policy Group │ www.publicpolicygroup.com