HomeMy WebLinkAbout2024-03-12; City Council Legislative Subcommittee; ; Legislative and Advocacy UpdateMeeting Date: March 12, 2024
To: Legislative Subcommittee
From: Jason Haber, Intergovernmental Affairs Director
Staff Contact: Jason Haber, Intergovernmental Affairs Director
jason.haber@carlsbadca.gov, 442-339-2958
Subject: Legislative and Advocacy Update
District: All
Recommended Action
Receive updates on federal and state legislative and budget activity and recent and ongoing
advocacy efforts; discuss and provide feedback to staff, including identifying high-priority bills,
advocacy positions, funding opportunities, and items for future City Council consideration.
Discussion
Staff and the city’s contract lobbyists – Federal: Carpi & Clay / State: Renne Public Policy Group –
will present updates and overviews of federal and state legislative activity (Exhibits 1 and 2) and
the priority legislation (Exhibit 3) and intergovernmental matters being tracked on behalf of the
city.
The Subcommittee is requested to provide feedback to help city staff and the city’s lobbying
consultants focus the city’s advocacy efforts on high-priority bills and to identify bills for future City
Council consideration.
Next Steps
Staff and the city’s contract lobbyists will monitor, evaluate, and engage the Legislative
Subcommittee in a discussion of legislative activity and proposed measures that may impact city
operations and policy priorities throughout the 2024 Legislative Session.
Exhibits
1.Carpi & Clay – Federal Update
2.Renne Public Policy Group – State Update
3.Renne Public Policy Group – Priority Legislation as of March 6, 2024
LEGISLATIVE SUBCOMMITTEE
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February 29, 2024
City of Carlsbad
Federal Update
www.carpiclay.com
FY24 Appropriations Update
Congress has reached a deal to avoid a partial government shutdown this week. Congress will be taking action to pass another short-term Continuing Resolution (CR). The new CR will continue to be a laddered CR with two different deadlines. The first deadline will be March 8th for the following appropriations bills: Agriculture-FDA, Commerce-Justice-Science, Energy and Water Development, Interior and the
Environment, Military Construction-Veterans Affairs, and Transportation-Housing and
Urban Development. This extension will give both chambers time to vote on the first package of six appropriations bills and continue negotiations over the remaining six bills. The first round of votes on the initial package of six bills is slated for next week. This afternoon, the new CR passed the House by a vote of 320-99 and is expected to be
considered in the Senate this evening.
President Biden to Send Budget Proposal on March 11th
Following the State of the Union on March 7th, President Biden is expected to send his
FY25 budget proposal to Congress on March 11th. The release of the President’s budget is expected to start the FY25 appropriations process in Congress.
DOT Publishes SS4A NOFO
The Department of Transportation (DOT) published a notice of funding opportunity (NOFO) for the availability of $1.256 billion through the Safe Streets and Roads for All (SS4A) program. The funding will support planning and demonstration projects, as well as projects and strategies to prevent death and serious injuries on roads and streets
involving all roadway users, including pedestrians; bicyclists; public transportation, personal conveyance, micromobility users; motorists; and commercial vehicle operators. Planning and Demonstration Grant applicants have three deadlines: April 4th, May 16th, and August 29th, while Implementation Grant applications are due by May 16th.
FHWA Publishes Congestion Relief Program NOFO
The Federal Highway Administration (FHWA) published a NOFO announcing the availability of $150 million for the first round of funding through the new Congestion Relief Program. The funding will help reduce highway congestion, reduce economic and
environmental costs associated with that congestion, including transportation emissions, and optimize existing highway capacity and usage of highway and transit systems through:
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Exhibit 1
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improving intermodal integration with highways, highway operations, and highway performance;
reducing or shifting highway users to off- peak travel times or to nonhighway travel
modes during peak travel times; and
pricing of, or based on, as applicable: parking, use of roadways (including in designated geographic zones) or congestion.
Applications are due by April 22nd. Agencies Release 2023 Equity Action Plan Updates
All federal agencies released updates to their Equity Action Plans, as directed by
Executive Order (EO) 14901, Further Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government. The updates detail progress by each agency in 2023 toward meeting Biden administration environmental justice (EJ) and equity goals. Equity Action Plan 2023 Updates listed by agency can be found HERE.
Senator Padilla Reintroduces Housing for All Act
Senator Padilla announced the reintroduction of the Housing for All Act of 2023 (S. 2701)
to address homelessness and affordable housing issues nationwide. The legislation would provide additional funding for the National Housing Trust Fund, the HOME Investment Partnerships Program, the Section 202 Supportive Housing for the Elderly Program, and the Section 811 Supportive Housing for People with Disabilities Program. It would also provide additional support for Housing Choice Vouchers, Project-Based
Rental Assistance, the Emergency Solutions Grant Program, and Continuums of Care. Additionally, the legislation would support innovative and locally developed approaches to address homelessness and housing, prevent evictions, and provide support services to homeless individuals. Companion legislation was introduced in the House by Representatives Salud Carbajal (D-CA) and Ted Lieu (D-CA) (H.R. 5254). The Senate
bill was referred to the Committee on Housing, Banking, and Urban Affairs, and the House bill was referred to the Committees on Financial Services, Judiciary, Energy and Commerce, and Transportation and Infrastructure for consideration. McConnell Will Step Down as Senate Republican Leader
On February 28th, Senate Minority Leader Mitch McConnell (R-KY) announced he will not seek another term as leader of the Senate Republican Conference. McConnell has led Senate Republicans since 2007 and is the longest serving Senate party leader in U.S. history. He said he intends to serve the remainder of his Senate term that expires in
January 2027. Special Election Results
In the special election in New York’s 3rd Congressional District, former Representative
Tom Suozzi won election to the seat occupied by expelled former Representative George
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Santos and assumed office on February 28th. House Republicans now have a five-seat majority with 219 members to 213 Democrats, with three vacancies.
Additional Members Announce Retirement
This month, additional Representatives announced their intent to retire at the end of the 118th Congress, many of these retirements include Committee Chairs. They are:
Representative Cathy McMorris Rodgers (R-WA), Chair of the Committee on Energy & Commerce
Representative Mark Green (R-TN), Chair of the Committee on Homeland Security
Representative Mike Gallagher (R-WI)
Delegate Gregorio Sablan (D-MP)
Congressional Letters
Bicameral Group of Members Express Support for FCC Expansion of E-Rate Program. A bicameral group of 64 legislators, led by Senators Michael Bennet (D-CO), Edward Markey (D-MA), and Chris Van Hollen (D-MD), sent a letter to Federal Communications Commission (FCC) Chairwoman Jessica Rosenworcel supporting the agency’s proposal to expand the E-Rate program to allow schools and libraries to loan
out Wi-Fi hotspots to students and educators. The letter mentions that expanding and
modernizing the E-Rate program will provide low-income students with internet options that will reduce educational disparities. San Diego Members Urges DHS to Release Funding for Shelter and Services
Program. Representatives Mike Levin (D-CA), Scott Peters (D-CA), Sara Jacobs (D-CA),
and Juan Vargas (D-CA) wrote a letter to Department of Homeland Security Secretary Alejandro Mayorkas urging the agency to releases available funding for the Shelter and Services Program (SSP) under the FY24 CR. SSP provides migrant assistance funding to non-governmental organizations and partners for shelter, food, and other resources.
Federal Funding Opportunities & Announcements
BJA Releases Justice and Mental Health Collaboration NOFO. The Department of
Justice’s (DOJ) Bureau of Justice Assistance (BJA) released a NOFO for the availability of $13.75 million through the FY24 Justice and Mental Health Collaboration Program. Grant funding will help organizations prepare, create, expand, and implement comprehensive plans to support cross-system collaboration to improve public safety responses and outcomes for individuals with mental health disorders or co-occurring
mental health and substance use disorders. Applications are due by May 9th. BJS Releases Justice Assistance Grant Program, 2022 Report. DOJ’s Bureau of Justice Statistics (BJS) released its report titled “Justice Assistance Grant (JAG) Program, 2022.” The report details the steps used to calculate JAG formula-based award
amounts and results of FY22 calculations.
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COPS Office Releases CPD – Implementation of De-Escalation Training NOFO. DOJ’s Office of Community Oriented Policing Services (COPS Office) released a NOFO
for the availability of $750,000 for the Community Policing Development Implementation of De-Escalation Training Program Act grant. The COPS Office is seeking an organization to work with to develop and implement final requirements for de-escalation training approvals to meet the statutory requirements of the Law Enforcement De-Escalation Training Act of 2022. Applications are due by March 27th.
COPS Office Releases LEMHWA Program NOFO. The COPS Office released a NOFO for $9.8 million through the Law Enforcement Mental Health and Wellness Act (LEMHWA) Program. The program funds projects that increase awareness of effective mental health and wellness strategies, skills and abilities of law enforcement, and the number of law
enforcement agencies and relevant stakeholders using peer support, training, family resources, suicide prevention, and other wellness programs. Applications are due by April 30th. DOE Announces Clean Transportation Deployment and Demonstration NOFO. The
Department of Energy (DOE) released a NOFO for the availability of $15 million for
projects that will help advance deployment of technologies to help achieve net-zero greenhouse gas emissions in the transportation sector. Topic areas include:
Clean Cities Outreach, Engagement, and Technical Assistance ($5 million)
Training on Zero Emission Vehicle and Infrastructure Technologies for Critical
Emergency Response Workers ($5 million)
Clean Transportation Demonstration and Deployment ($5 million) Applicants must submit a concept paper by March 12th, and full applications are due by
April 30th. DOE Announces Expansion of Capacity Building for Repurposing Energy Assets. DOE announced an additional $2.7 million is available for the Capacity Building for Repurposing Energy Assets initiative. The initiative will help communities build
technical capacity and develop a workforce necessary to revitalize energy systems, address environmental impacts, and support communities with energy assets that are or will be retired. Applications are due by April 18th. DOL Announces Growth Opportunities NOFO. The Department of Labor (DOL)
released a NOFO for the availability of $85 million through the Growth Opportunities program. The grants will fund education, skills training, supportive services, and paid work experience for youth in the justice system. Applications are due by April 2nd. FAA Announces Airport Grant Awards. The Federal Aviation Administration (FAA)
announced $240 million in grant awards to airports in 37 states. The grant awards will
be used to modernize terminals, replace equipment, rehabilitate towers, and make airfield improvements.
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FAA Announces Airport Terminal Program Grant Awards. FAA announced $970 million in airport terminal program grant awards to 114 airports in 44 states. The grants
will help to fund new baggage systems, larger security checkpoints, increasing gate capacity, and modernizing aging infrastructure throughout terminals and ground transportation. FHWA Publishes PPPP NOFO. FHWA published a NOFO for the availability of $10
million through the Prioritization Process Pilot Program (PPPP) for MPOs with a population over 200,000 and states to help fund data-driven approaches to planning that, upon completion, can be evaluated for public benefit. The vision of PPPP is to fund the development and implementation of pilot prioritization processes (also referred to herein as PPPP pilot(s) or Project(s)) that address and integrate the components of existing
transportation programs and support projects that improve safety, climate change and sustainability, equity, and economic strength and global competitiveness consistent with DOT’s strategic goals. Applications are due by May 1st. HUD Announces Section 202 Supportive Housing for the Elderly NOFO. HUD
released a NOFO for the availability of $115 million through the Section 202 Supportive
Housing for the Elderly program. The program will support capital costs and project rental assistance for non-profit agencies that create or rehabilitate resilient and energy efficient homes for low-income individuals 62 years of age or older. Applications are due by June 20th.
HUD Releases PRICE Competition NOFO. HUD released a NOFO for the availability of $225 million through the Preservation and Reinvestment Initiative for Community Enhancement (PRICE) Competition. Funding will support the preservation and revitalization of manufactured housing and eligible manufactured housing communities.
Applications are due by June 5th. HUD Awards $14 Million for Homeless Veterans Housing. HUD awarded $14 million to 66 Public Housing Agencies through the HUD-Veterans Affairs Supportive Housing (HUD-VASH) voucher program, supporting over 1,400 vouchers. The HUD-VASH
program provides housing and supportive services to veterans experiencing homelessness by combining rental assistance through HUD with case management and services provided by the Department of Veterans Affairs. Federal Agency Personnel/Regulatory Announcements
OMB Releases Federal Program Inventory. The White House Office of Management and Budget (OMB) released the Federal Programs Inventory webpage to provide
information about all federal programs that provide grants, loans, or direct payments. The
inventory includes objectives, estimated spending, and actual spending for each program.
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DOT Publishes Biweekly Reporting of IIJA Funding. DOT is now publishing the spending status of funds provided by the Infrastructure Investment and Jobs Act (IIJA). The data will be updated on a biweekly basis.
DOT Publishes Learning Agenda Supplement RFI. DOT published a request for information (RFI) seeking input regarding potential updates to our published Learning Agenda that will be used to inform the development of the Learning Agenda Supplement: Fiscal Year 2024–2026. On March 28th, 2022, DOT published the first Department-wide
Learning Agenda for Fiscal Years (FY) 2022–2026 (the “Learning Agenda”) in conjunction with the Department's FY 2022–2026 Strategic Plan (the “Strategic Plan”). Now that DOT has reached the mid-point of this Learning Agenda, the Department seeks to update it. Comments are due by April 9th.
DOT Publishes New Report on Best Practices to Expand Jobs Through Transportation Infrastructure. DOT released a new report titled “Investing in America: Best Practices to Expand Access to Jobs and Economic Opportunity Through Transportation Infrastructure Investments.” The report highlights ways for states and local jurisdictions to expand access to construction jobs including recommendations for
transportation agencies to expand access to jobs and opportunity for underrepresented
groups such as women, youth, people with disabilities, and people of color. DOT Updates Data and Mapping Tools Navigator Webpage. DOT updated the Data and Mapping Tools Navigator webpage to include information on several tools,
including the Freight Analysis Framework, National Highway Freight Network, Port
Performance Freight Statistics Program, the National Highway System website, Federal Railroad Administration (FRA) Safety Map, FRA Grade Crossing Inventory, and the Justice40 Rail Explorer.
EDA Announces Deployment of Economic Recovery Corps. The Economic
Development Administration (EDA) announced the inaugural deployment of the Economic Recovery Corps. EDA will deploy 65 professionals to communities nationwide for 2.5 years to advance regional projects and enhance economic development capacity for under-resourced communities.
EPA Announces Acting Deputy Administrator. EPA announced that Bruno Pigott will serve as Acting Deputy Administrator following the departure of Deputy Administrator Radhika Fox. Pigott currently serves as Principal Deputy Assistant Administrator for Water and has been with the agency since 2021.
EPA Releases Listing of Specific PFAS as Hazardous Constituents NPRM. EPA released an NPRM titled “Listing of Specific Per- and Polyfluoroalkyl Substances as Hazardous Constituents.” The NPRM would add nine per-and polyfluoroalkyl substances (PFAS), their salts, and their structural isomers, to its list of hazardous constituents under
the Resource Conservation and Recovery Act (RCRA). Comments are due by April 8th.
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EPA Releases Hazardous Waste from Solid Waste Management Units NPRM. EPA released an NPRM titled “Definition of Hazardous Waste Applicable to Corrective Action from Solid Waste Management Units.” The NPRM would amend the definition of
hazardous waste applicable to corrective action to address releases from solid waste management units at RCRA-permitted treatment, storage, and disposal facilities and would require corrective action for any substance that meets the statutory definition of hazardous waste, including PFAS. Comments are due by March 11th.
EPA CRWU Initiative Releases EJ StoryMap. EPA’s Creating Resilient Water Utilities (CRWU) Initiative released its new EJ StoryMap. The resource provides water utilities with information to incorporate EJ priorities into their climate adaption planning process. FAA Publishes Data on Laser Strikes. FAA published data on aircraft laser strikes.
The data found that in 2023, laser strikes topped all previous records. People who shine lasers at aircraft face FAA fines of up to $11,000 per violation and up to $30,800 for multiple laser incidents. Violators can also face criminal penalties from federal, state, and local law enforcement agencies.
FAA Publishes Airplane Fuel Efficiency Certification Final Rule. FAA published a final rule that adopts fuel efficiency requirements for certification of certain airplanes. These certification requirements implement the emissions standards adopted by EPA to allow manufacturers to certificate their airplanes for fuel efficiency in the United States. This action also fulfills the FAA's Clean Air Act obligations to enforce implementation of
EPA's aircraft emissions standards for greenhouse gas emissions. The rule is effective
on April 16th. FAA Publishes Updated List of AIP Buy American Waivers. FAA updated its Airport Improvement Program (AIP) Buy American Waivers to include new nationwide waivers
for AIP-funded projects. FCC Proposes Emergency Alert Code for Missing and Endangered Persons. The Federal Communications Commission (FCC) issued an NPRM to add a new alert option for delivering critical information over television and radio regarding missing and
endangered persons. FCC’s proposal aims to assist law enforcement with timely alerts to the public in a manner similar to the use of AMBER Alerts to locate missing children. Comments will be due 60 days following publication in the Federal Register. FEMA Releases Update to Mitigation Action Portfolio. The Federal Emergency
Management Agency (FEMA) released an update to its Mitigation Action Portfolio (MAP). MAP features Hazard Mitigation Assistance Program project ideas that address all types of natural hazards, including coastal and inland flooding, wildfire, droughts, and landslides.
FHWA Publishes New Report on Freight Resiliency for Climate-Related Disruptions. FHWA published a new peer exchange report titled “National Freight Resiliency for Climate-Related Disruptions.” The report summarizes key takeaways from
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the National Peer Exchange on Freight Resiliency for Climate-Related Discussions that convened states, MPOs, and local agencies to discuss how to approach freight resiliency and learn about current practices in the country.
FHWA Publishes Report on Virtual Public Involvement Practices in NEPA. FHWA published a report titled “Virtual Public Involvement Practices in NEPA.” The report summarizes eight case studies that explored potential approaches to virtual public involvement in the National Environmental Policy Act (NEPA) process.
FHWA Announces Federal Share Flexibility Pilot Program. FHWA announced a pilot program to enable on an experimental basis, a State DOT to determine the federal share on a project, multi-project, or program basis for projects under certain specified programs. The Federal Share Flexibility Pilot Program will be carried out until September 30th, 2026.
Applications are due by March 29th. FHWA Publishes Highway Safety Improvement Program NPRM. FHWA published an NPRM that updates Highway Safety Improvement Program (HSIP) regulations to address provisions in the IIJA and reflect current priorities and state-of-practice. Specifically,
FHWA proposes to amend the regulatory language to incorporate the Safe System
Approach, clarify the scope of the HSIP to focus on the safety of all road users on the entire public road network, improve evaluation practices, streamline reporting efforts, and ensure States are collecting Model Inventory of Roadway Elements (MIRE) fundamental data elements. The proposed changes would clarify provisions regarding the planning,
implementation, evaluation, and reporting of HSIPs that are administered in each state.
These changes would further strengthen and advance the safety and equity priorities of the DOT National Roadway Safety Strategy (NRSS) and assist States with making safety gains designed to eliminate fatalities and serious injuries on roadways nationwide. Comments are due by April 22nd.
HUD Releases BABA RFI. HUD released an RFI on implementation of the Build America, Buy America (BABA) Act as it applies to HUD’s Federal Financial Assistance provided to support construction, alteration, maintenance, and repair of housing infrastructure projects. HUD seeks to improve understanding of the current state of the
domestic market for iron, steel, construction materials, and manufactured products used in housing programs. Comments are due by April 15th. HUD and HHS Announce Housing and Services Partnership Accelerator. HUD and the Department of Health and Human Services (HHS) announced that eight states and
the District of Columbia were selected to participate in the new Housing and Services Partnership Accelerator. The initiative will strengthen partnerships across the housing, disability, aging, and health sectors, will provide access to available federal programs and resources, and will maximize federal flexibilities to promote housing and health services.
IRS Announces Tax Deadline Extension for San Diego County Residents. The
Internal Revenue Service (IRS) announced a deadline extension for tax return filings for
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San Diego County residents due to the winter storms and related flooding. The deadline for San Diego County residents to file 2023 tax returns is June 17th.
Joint Office Publishes Information on Electric School Buses Running in Cold Weather. The Joint Office of Energy and Transportation (Joint Office) published a technical assistance help sheet, Cold Weather Impacts on Electric School Buses. The help sheet provides information about navigating cold weather impacts for electric buses. In addition, this publication may be helpful to transit bus fleet managers to help optimize
bus performance in cold weather.
Joint Office Releases White Paper on Community Charging. The Joint Office released a white paper titled “Community Charging: Emerging Multifamily, Curbside, and Multimodal Practices.” The white paper is intended for use by public officials, property
and vehicle owners, utilities, and other stakeholders to promote technology combinations
and real-world applications of EV charging infrastructure. ## ## ##
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March 6, 2024
To: Jason Haber, Intergovernmental Affairs Director
Cindie McMahon, City Attorney
City of Carlsbad
From: Sharon Gonsalves
Director of Government Affairs
Renne Public Policy Group
RE: RPPG Monthly Legislative Summary – February 2024
RPPG LEGISLATIVE ACTIVITY
RPPG continues to review priority bills—keeping City staff apprised of developments on legislation during
our standing meetings and throughout the month as needed. RPPG continues to work hand in hand with
City staff to gather client-specific information while actively engaging with lawmakers and agency officials
on legislation of interest to the City.
City Managers Conference
During the City Managers Conference from February 7th to 9th, Sharon Gonsalves met with City Manager
Scott Chadwick.
Proposition 1 Funding Memo
RPPG sent the City a memo on February 21 detailing funding in Proposition 1, which will be on the March
5 ballot. The measure will authorize $6.38 billion in bonds to address behavioral health.
Bill Introduction Report
RPPG sent the City a memo on February 27 detailing bills of potential interest that had been introduced
from January 3, the start of the 2024 legislative year, to February 16, the deadline to introduce bills in
2024.
Update on Positioned Legislation
RPPG is closely monitoring and providing updates on the following bills on which the City has adopted a
position.
•AB 817 (Pacheco) Open meetings: teleconferencing: subsidiary body
o Status: Senate awaiting assignment
o City Position: Support
•AB 2234 (Boerner) Vehicles: electric bicycles
o Status: Assembly Transportation
o City Position: Sponsor
•AB 2715 (Boerner) Ralph M. Brown Act: closed sessions
o Status: Assembly Local Government
o City Position: Sponsor
•SB 689 (Blakespear) Local coastal program: bicycle lane: amendment
o Status: Assembly awaiting assignment
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Exhibit 2
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o City Position: Support
Priority Bills
RPPG has tagged 146 bills for the City as “priority,” which may be of potential interest, or may impact
operations or priority issues, per the legislative platform. We will continue to bring bills of potential
interest to staff for the City’s review in the coming weeks.
LEGISLATIVE UPDATE
Legislative Committees Have Begun Meeting
The Legislature has been holding mostly informational hearings on items of interest, some of which are
detailed below, as well as several policy hearings.
Retail Theft: The Assembly Public Safety Committee and the Assembly Select Committee on Retail Theft
held a joint informational hearing on February 8 on “Retail Crime: Exploring Solutions That Work.” During
this hearing, committee members heard testimonies from representatives from the Department of
Justice, the California Highway Patrol, the Los Angeles Deputy District Attorney, the Los Angeles Public
Defender, the Los Angeles County Health Department, and a Los Angeles community nonprofit on
organized retail theft. There was no consensus on the causes and the solutions to the problem, although
there was general agreement that returning to mass incarceration was not the way to address organized
retail theft. However, there was widespread agreement on the need to increase transparency, data
collection, and collaboration, both between law enforcement agencies and in public-private partnerships.
Housing: The Assembly Housing and Community Development Committee held an informational hearing
on February 21 on “State of Housing Production: Challenges, Opportunities, and Local Innovations”. David
Garcia, Policy Director at the UC Berkeley Terner Center for Housing Innovation gave testimony on the
current state of affordable and market rate housing production, including the differences between how
housing is being built in California compared to other states across the country. He also spoke about how
different variables have an effect on the cost of building a housing development from and potential ways
to reduce those costs, including policy that would incentivize increasing the speed of building. Members
of the Committee agreed that there is a need to balance climate change mitigation, environmental review,
labor standards, and the needs of local jurisdictions when considering how to create policy that will reduce
the cost of housing. Members and panelists also discussed possibly reducing the fees that cities charge,
including impact fees, and possibly changing when cities can charge them.
Oversight Hearing on Energy: The Senate Energy Committee held an oversight hearing on February 13 on
“The California Public Utilities Commission and the Public Advocates Office Annual Update to the
Legislature: Keeping the Focus on Utility Bill Affordability”. During this hearing, the committee heard
testimony from Alice Reynolds, President of the California Public Utilities Commission (PUC) and Matt
Baker, Director of the Public Advocates Office. President Reynolds gave an update on wildfire mitigation
strategies, greenhouse gas emissions targets, and efforts to make electricity more affordable. She also
spoke briefly about AB 205 (Chapter 61, Statues of 2022) and mentioned that the goal of the income-
graduated fixed charge provision is to incentivize consumers to switch to electric appliances, to accelerate
decarbonization, to make it easier to replace gasoline powered vehicles, and to increase equity. With
regard to equity, President Reynolds said that the provision “changes the way the pie is divided but does
not change the size of the pie.” The PUC is considering exactly how to implement the provision, including
potentially more targeted pricing, and will reach a decision soon. RPPG will provide an update on the
PUC’s decision when it is available.
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All committee members who spoke at the hearing expressed concern about high utility bills. However,
members, President Reynolds, and Director Baker all projected that there will likely continue to be
increases in costs, both for ratepayers and for utility companies. Although consumers are directly
impacted by increases in rates, utility companies have recently been allowed to issue bonds to cover the
costs of required upgrades to transmission infrastructure and fire mitigation risk efforts.
Artificial Intelligence: The Senate Governmental Organization (G.O.) and Senate Budget No. 4 on State
Administration and General Government Committees held a joint informational hearing on February 21
on “California at the Forefront: Steering AI Towards Ethical Horizons.” In this hearing, committee members
heard testimonies from experts in the field of artificial intelligence (AI) and members of the Department
of Technology, the Government Operations Agency, and the Department of General Services. All parties
expressed a general sentiment for wanting California to promote and support innovation in the field of
AI, while ensuring safety and security measures as a priority. There was agreement that Al and technology
are developing at a fast pace that the public sector has not been able to keep up with. Some
recommendations for the Legislature included hiring in-house AI experts, creating talent pipelines for
university students in STEM (Science, Technology, Engineering, and Mathematics) to reach government
opportunities more easily, using AI to automate certain processes to ease government employee
workloads, and collaborating with public sector workers as stakeholders in developing the use of AI in
government spaces. Representatives from the Department of Technology, the Government Operations
Agency, and the Department of General Services also detailed different projects each department was
working on. These include building a sandbox for testing AI services, running programs that improve
language access, and creating programs to expedite government processes. Click here for a link to the
background paper prepared by the Senate G.O. and Budget Committee Staff.
The Assembly Privacy and Consumer Protection Committee held an informational hearing on February 27
titled “Understanding AI: Myths, Magic, and Machine Learning.” In this hearing, committee members
heard testimonies from experts in the fields of Artificial Intelligence (AI) and machine learning. The aim of
this hearing was to teach lawmakers more about the specifics of AI, machine learning, and computer
science. There was an overall agreement that this kind of technology can be used to help Californians but
can also be used in harmful ways such as spreading misinformation and creating nonconsensual images
of people. There was a general consensus that, in order to adequately regulate AI, the legislature needs
to use different technology that is specific to fixing an issue, must have accountability measures in place,
and need to have an internal expert understanding of AI systems. Speakers also discussed the flaws of AI
in its inherent biases that can translate to harmful outcomes, its effects on the environment, and the fact
that it can be used for harm. It was made important that regulation and accountability need to be present
at all levels from creation to dissemination of content. The EU’s new AI Act was also detailed in this
hearing, providing its key principles, and noting that collaboration with the California State government
was welcomed. Click here for the background paper prepared by Assembly P&CP Committee Staff.
Mental Health: On February 27, the Assembly Select Committee on California's Mental Health Crisis and
the Senate Select Committee on Mental Health and Addiction convened for a joint hearing focusing on
“What's Working and What's Coming: Opportunities in Addressing California's Mental Health Crisis.” The
hearing kicked off with a panel on workforce challenges, where experts like Dr. Janet Coffman from UCSF
and Robert McCarror from UCI discussed the significant barriers in mental health service delivery,
including language barriers and a lack of trained primary care providers in behavioral health. Mayra
Angeles from Vision y Compromiso also emphasized the persistent stigma surrounding mental health in
minority and first-generation communities. Legislative members, including Asm. Bauer-Kahan and Asm.
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Arambula, echoed these concerns, stressing the need for better primary care screening for mental health
issues and more diverse workforce development supported by targeted budget allocations.
The second panel shifted focus to frontline innovations in mental health care delivery. Brett Feldman from
USC Street Medicine and Dave Gillotte, representing LA County Firefighters, shared insights into the
impactful work of street medicine in serving the unhoused population, highlighting the adaptability and
immediate benefits of providing care directly on the streets. This discussion also touched upon the
integration of emergency services with mental health care through telehealth programs and the 988 crisis
hotline, emphasizing the potential for reducing repeat emergency calls and improving overall mental
health response.
Budget Hearings
Budget hearings are well underway, with more than two dozen hearings over the past month and a half.
Budget subcommittees in both the Assembly and Senate meet to evaluate proposals in the Governor’s
January fiscal year 24-25 budget proposal, receiving updates from Department of Finance (DOF), the
Legislative Analyst’s Office (LAO), and specific state agencies and asking probative questions. These are
also informational in nature leading up to the May Revision. The questions asked are often foreshadowing
of where internal negotiations and legislative priorities will be. RPPG has been monitoring these hearings
and will report out as developments unfold.
Bill Introductions
In a year dominated by budget constraints, legislators are focused on policy changes and careful with
proposed appropriations, with some exceptions. As reported in RPPG’s February 27 Bill Introduction
Report memo, February 16 was the deadline to introduce bills in 2024. 2,266 pieces of legislation have
been introduced so far this year, a drop from last year’s 3,030. It has been common over the past 10 years
for second year introductions to be lower than first year introductions. Approximately 30% of bills
introduced remain spot bills but must be amended with more substantive language by March 22. Many
have passed the 30-day period where they must remain unchanged and are being amended and scheduled
for policy committee hearings. However, the bulk of bills introduced this year will be ready to be acted
upon the week of March 18. After this point the legislative process will begin to heat up and will move
quickly.
Bipartisan Senate Public Safety Legislative Package
Senator McGuire, along with several other legislative, law enforcement, and mental health leaders,
announced in a press conference on February 26 a comprehensive legislative package “aimed at making
our state a Safer California” and addressing the fentanyl crisis. The legislative package is comprised of 14
Senate bills ranging from increasing access to treatment to strengthening tools for law enforcement.
Senator McGuire held a follow up press conference on February 28 where he announced that his package,
titled “Working Together for a Safer California”, is “focused on addressing the fentanyl crisis through
evidence-based prevention and treatment solutions, and combating retail theft and community-based
crime through legislation to prevent, deter, and prosecute brazen criminal activity.”
Senate Leadership and Committee Changes
Mike McGuire (D, Geyserville) was officially sworn in as President pro Tempore of the Senate on February
5 in a ceremony attended by all members of the Legislature and Governor Gavin Newsom. That same
week, Senator McGuire made changes to Senate leadership and committee membership, several of which
are detailed below:
• Senator Lena Gonzalez (D, Long Beach), Majority Leader
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• Senator Angelique V. Ashby (D, Sacramento), Assistant Majority Leader
• Senator Aisha Wahab (D, Hayward), Assistant Majority Leader and Chair of Public Safety
Committee
• Senator Monique Limón (D, Santa Barbara), Democratic Caucus Chair
• Senator Dave Cortese (D, San Jose), Majority Whip
• Senator María Elena Durazo (D, Los Angeles), Assistant Majority Whip
• Senator Steve Padilla (D, San Diego), Assistant Majority Whip
• Governance & Finance Committee has been disbanded and divided into two new committees:
o Local Government Committee, chaired by Senator Maria Durazo (D, Los Angeles)
o Revenue & Taxation Committee, chaired by Senator Steve Glazer (D, Contra Costa)
• Housing Committee is now chaired by former Budget Chair, Senator Nancy Skinner (D, Berkeley)
• Budget & Fiscal Review Committee is now chaired by Senator Scott Wiener (D, San Francisco)
• Appropriations Committee is now chaired by former Chair of Senate Governance and Finance
committee, Senator Anna Caballero (D, Merced)
• Elections and Constitutional Amendments is now chaired by Senator Catherine Blakespear (D,
Encinitas)
2024-2025 Budget Update
The Legislative Analyst’s Office (LAO), the bipartisan research and advisory division of the Legislature,
released an update to their previous Budget forecasts on February 20. The report contained revenue data
and estimated a $15 billion increase to the General Fund deficit to be addressed by Governor Gavin
Newsom and lawmakers during the 2024 state budget process. The LAO had previously estimated that
Governor Newsom addressed a $58 billion deficit in his 2024 budget proposal. However, a $15 billion
increase to the 2024 budget deficit takes that $58 billion deficit for 2024 and increases it to $73 billion.
The LAO wrote that “as the Legislature considers how to address this increased budget problem, we have
put together a set of tables identifying one-time and temporary spending that could be pulled back or
reduced in order to achieve budgetary savings.” The LAO also noted that “the more the Legislature
reduces one-time and temporary spending this year, the more other tools it can preserve for future
budget problems.” RPPG will keep you updated on any significant Budget updates.
LOOKING FORWARD
• MARCH 22—MARCH 29: Spring Recess
• MAY 24: House of origin deadline
• JUNE 15: Legislature must pass the main budget bill
• JUNE 30: Governor must sign the main budget bill
• JULY 5—AUGUST 4: Summer Recess
• AUGUST 31: Last day for the Legislature to pass bills; end of the 2023-2024 legislative session
• SEPTEMBER 30: Last day for the Governor to sign or veto bills
March 12, 2024 Item #2 Page 15 of 83
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Priority Legislation as of March 6, 2024
Economic Development
AB 2922 (Garcia) Economic development: capital investment incentive programs. (Introduced 02/15/2024) Link
Prior law, until January 1, 2024, authorized a county, city and county, or city to establish a capital investment incentive program, pursuant to which the county, city and county, or city was authorized to pay, upon request, a capital investment incentive amount that does not exceed the amount of property tax derived from that portion of the assessed value of a qualified manufacturing facility, as defined, that exceeds $150,000,000 to a proponent of a qualified manufacturing facility for up to 15 years. This bill would reestablish the authorization for capital investment incentive programs until January 1, 2035. The bill would make conforming changes. (Based on 02/15/2024 text)
Status: 02/16/2024 - From printer. May be heard in committee March 17.
Elections, Political Reform and Redistricting
AB 2631 (Fong, Mike) Local agencies: ethics training. (Introduced 02/14/2024) Link
Existing law requires all local agency officials to receive training in ethics, at specified intervals, if the local agency provides certain monetary payments to a member of a legislative body, as provided. Existing law requires all local agency officials who are members of specified public bodies to receive the above-described training, whether or not the member receives any type of compensation, salary, or stipend or reimbursement for actual and necessary expenses incurred in the performance of official duties. Existing law requires an entity that develops curricula to satisfy the above-described requirements to consult with the Fair Political Practices Commission and the Attorney General regarding the sufficiency and accuracy of the proposed course content. Existing law prohibits the Fair Political Practices Commission and the Attorney General, as specified, from precluding an entity from also including local ethics policies in the curricula. This bill would, contingent upon an appropriation for these purposes, require the Fair Political Practices Commission, in consultation with the Attorney General, to create, maintain,
March 12, 2024 Item #2 Page 16 of 83
Exhibit 3
{city of
Carlsbad
California
2
and make available to local agency officials an ethics training course, as specified. (Based on 02/14/2024 text)
Status: 03/04/2024 - Referred to Com. on ELECTIONS.
Notes: CalCities sponsored
Emergency Response and Disaster Preparedness
AB 2330 (Holden) Endangered species: authorized take: routine fuel management activities. (Introduced 02/12/2024) 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 may authorize the take of listed species by certain entities through permits or memorandums of understanding for specified purposes. Existing law requires the State Fire Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Existing law requires a local agency to designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal, as provided. This bill would require the department to, within 90 days of receiving an application, authorize through permits or memorandum of understanding the take of endangered species, threatened species, and candidate species incidental to any routine fuel management activities conducted by local agencies on lands that are within moderate, high, or very high fire hazard severity zones and adjacent to wildland-urban interface fire areas. The bill would require the State Fire Marshal, if the department does not grant authorization within 90 days, to make a determination within 30 days on whether a local agency may conduct routine fuel management activities on those lands for the protection of life and property. The bill would require the department, in consultation with the State Fire Marshal, to develop maps identifying environmentally sensitive areas within fire hazard severity zones and adjacent to wildland-urban interface fire areas and to make those maps available to city and county fire departments for specified purposes. (Based on 02/12/2024 text)
Status: 02/26/2024 - Referred to Com. on W., P., & W.
Notes: CalCities sponsored
Energy and Utilities
AB 1999 (Irwin) Electricity: fixed charges. (Introduced 01/30/2024) Link
March 12, 2024 Item #2 Page 17 of 83
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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. 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. This bill would repeal the provisions described in the preceding paragraph. The bill would instead permit the commission to authorize fixed charges that, as of January 1, 2015, do not exceed $5 per residential customer account per month for low-income customers enrolled in the California Alternate Rates for Energy (CARE) program and that do not exceed $10 per residential customer account per month for customers not enrolled in the CARE program. The bill would authorize these maximum allowable fixed charges to be adjusted by no more than the annual percentage increase in the Consumer Price Index for the prior calendar year, beginning January 1, 2016. This bill contains other related provisions and other existing laws. (Based on 01/30/2024 text)
Status: 02/12/2024 - Referred to Com. on U. & E.
AB 2462 (Calderon) Public Utilities Commission: written reports: energy. (Introduced 02/13/2024) 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 a written report on the costs of programs and activities conducted by certain electrical corporations and gas corporations. Existing law requires the commission to annually prepare and submit to the Governor and Legislature a separate 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 separate 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 the written report on the costs of programs and activities to also identify how the current rate trends affect households across their full portfolio of all energy uses, as provided, and how the adoption of electricity across more end-uses may reduce the total cost of energy for households over time. The bill would require the separate report to contain recommendations that may take longer than 12 months to implement, but could lead to substantial reductions in monthly electric bills, and would expand the above-described goals to additionally include goals for encouraging beneficial electrification. This bill contains other related provisions and other existing laws. (Based on 02/13/2024 text)
Status: 02/26/2024 - Referred to Com. on U. & E.
AB 2805 (Essayli) Electricity: fixed charges: repeal. (Introduced 02/15/2024) Link
March 12, 2024 Item #2 Page 18 of 83
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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. Existing law requires the commission to continue a program of assistance to low-income electrical and gas customers with annual household incomes that are no greater than 200% of the federal poverty guidelines, as specified, which is referred to as the California Alternative Rates for Energy (CARE) program. Under existing law, the commission may authorize fixed charges for any rate schedule applicable to a residential customer account for the purpose described above and for the CARE program. Existing law requires the commission, 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. This bill would repeal the provisions described in the preceding paragraph. This bill contains other existing laws. (Based on 02/15/2024 text)
Status: 03/04/2024 - Referred to Com. on U. & E.
AB 3011 (Bains) Electricity: rates: unreasonable hardship. (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 fix the rates and charges for every public utility and requires that those rates and charges be just and reasonable. This bill would require the commission to ensure that each electrical rate schedule does not cause an unreasonable hardship on senior citizens, renters, families with minor children, medically vulnerable customers, or economically vulnerable residential customers in hot climate zones, as specified. The bill would provide that any electrical rate schedule that imposes rates on those identified customers above baseline rates during any hour where the temperature is above 90 degrees Fahrenheit for the duration of the hour is considered an unreasonable hardship. (Based on 02/16/2024 text)
Status: 02/17/2024 - From printer. May be heard in committee March 18.
SB 1148 (Blakespear) Electrical service: multifamily dwellings and local government buildings. (Introduced 02/14/2024) 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 require every residential unit in an apartment house or similar multiunit residential structure, condominium, or mobilehome park issued a building permit on or after July 1, 1982, with certain exceptions, to be individually metered for electrical and gas service. This bill would add an exception from the requirement that every residential unit be individually metered for electrical service for a multifamily dwelling that includes a microgrid, as defined, and that meets specified requirements, including, among other things, that each tenant’s electricity costs are less than what the tenant would have paid without the deployment of the microgrid, that the multifamily dwelling uses electricity generated from renewable energy resources, that all construction workers employed in the construction of the dwelling are paid at least the general prevailing rate of wages, as specified, and that the owner of the dwelling bills tenants using one
March 12, 2024 Item #2 Page 19 of 83
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of 3 specified methods. The bill would require the commission to authorize the use of a master meter in any building owned or operated by a local government. This bill contains other related provisions and other existing laws. (Based on 02/14/2024 text)
Status: 02/21/2024 - Referred to Coms. on E., U. & C. and L., P.E. & R.
SB 1292 (Bradford) Electricity: fixed charges: report. (Introduced 02/15/2024) 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 July 1, 2027, but no sooner than 2 years after the adoption of the income-graduated fixed charge for default residential rates, to submit a report to the relevant policy committees of both houses of the Legislature on the electrical corporations’ implementation of the fixed charge, as specified. The bill would prohibit the commission from authorizing a fixed charge other than the income-graduated fixed charge for default residential rates until 30 days after the report is submitted. (Based on 02/15/2024 text)
Status: 02/29/2024 - Referred to Com. on E., U. & C.
SB 1312 (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. (Based on 02/16/2024 text)
Status: 02/29/2024 - Referred to Com. on E., U. & C.
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
March 12, 2024 Item #2 Page 20 of 83
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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: 02/29/2024 - Referred to Com. on E., U. & C.
SB 1374 (Becker) Net energy metering. (Introduced 02/16/2024) Link
Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. Existing law requires the commission to develop a standard contract or tariff, which may include net energy metering, for eligible customer-generators, as defined, with a renewable electrical generation facility, as defined, that is a customer of a large electrical corporation. Existing law requires, in developing the standard contract or tariff for large electrical corporations, the commission to take specified actions. This bill would require, no later than July 1, 2025, the commission to ensure that any contract or tariff established by the commission pursuant to the above described provisions for renewable electrical generation facilities configured to serve either multiple customers with meters on a single property, or multiple meters of a single customer on a property or a set of contiguous properties owned,
March 12, 2024 Item #2 Page 21 of 83
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leased, or rented by the customer, meets certain requirements, including that the eligible customer-generators may elect to aggregate the electrical load, as specified. This bill contains other related provisions and other existing laws. (Based on 02/16/2024 text)
Status: 02/29/2024 - Referred to Com. on E., U. & C.
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: 06/14/2023 - Referred to Coms. on N.R. & W. and GOV. & F.
AB 1992 (Boerner) Coastal resources: coastal development permits: blue carbon demonstration projects. (Introduced 01/30/2024) 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, as provided. This bill would authorize the commission to authorize blue carbon demonstration projects, as defined, in order to demonstrate and quantify the carbon sequestration potential of these projects to help inform the state’s natural and working lands and climate resilience strategies. The bill would, among other things, authorize the commission to require an applicant with a project that impacts coastal wetland, subtidal, intertidal, or marine habitats or ecosystems to build or contribute to a blue carbon demonstration project. (Based on 01/30/2024 text)
Status: 02/12/2024 - Referred to Com. on NAT. RES.
March 12, 2024 Item #2 Page 22 of 83
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Calendar: 03/19/24 A-NATURAL RESOURCES 1:30 p.m. - State Capitol, Room 437 BRYAN, ISAAC, Chair
AB 2236 (Bauer-Kahan) Solid waste: reusable grocery bags: standards: plastic film prohibition. (Introduced 02/08/2024) Link
Existing law prohibits a store, as defined, from providing a single-use carryout bag, as defined, to a customer, with specified exceptions, including an exemption for bags used to contain unwrapped food. Existing law requires a reusable grocery bag sold by a store to a customer at the point of sale to be made by a certified reusable grocery bag producer and to meet specified requirements with regard to the bag’s durability, material, labeling, heavy metal content, and, with regard to reusable grocery bags made from plastic film, recycled material content. Existing law prohibits a producer of reusable grocery bags made from plastic film from selling or distributing those bags unless the producer is certified by a third-party certification entity, and provides proof of that certification and a certification fee to the department, as specified. Existing law also prohibits a store from selling or distributing a recycled paper bag at the point of sale unless the store makes that bag available for purchase for not less than $0.10. Existing law defines “recycled paper bag,” in part, as a paper carryout bag that contains a minimum of 40% postconsumer recycled materials, except as provided, and meets other requirements. Existing law allows a retail establishment to voluntarily comply with these requirements, if the retail establishment provides the department with irrevocable notice. This bill would, commencing January 1, 2026, revise and recast those provisions to, among other things, revise the single-use carryout bag exception to include a bag used solely to contain or wrap specified uncooked foods and other specified items to avoid contamination, prevent damage from moisture, or for sanitary, public health, or environmental protection purposes. The bill would revise the definition of “recycled paper bag” to require it be made from 100% postconsumer recycled materials, without exception. The bill would also require a reusable grocery bag sold by a store to a customer at the point of sale to meet different requirements, including that it not be made from plastic film material. The bill would repeal the provisions relating to certification of reusable grocery bags and voluntary compliance by other retail establishments, and would repeal a provision relating to certain obsolete at-store recycling program requirements. The bill would make related conforming changes. The bill would make related conforming changes. (Based on 02/08/2024 text)
Status: 02/26/2024 - Referred to Com. on NAT. RES.
AB 2346 (Lee) Organic waste reduction regulations: procurement of recovered organic waste products. (Introduced 02/12/2024) 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
March 12, 2024 Item #2 Page 23 of 83
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procure recovered organic waste products, or both. Those regulations specify the types of recovered organic waste products that a jurisdiction may procure, including compost that is produced at a compostable material handling operation or facility, or a specified digestion facility that composts onsite. Other regulations of the department require all compostable materials handling activities to obtain a facility permit from the department prior to commencing operations and meet other specified requirements, but exclude from those requirements certain activities that the regulations state do not constitute a compostable material handling operation or facility, including the composting of green material, agricultural material, food material, and vegetative food material, and the handling of compostable materials under certain conditions, as provided. This bill would authorize local jurisdictions to be credited for the procurement of recovered organic waste products through an agreement with a direct service provider, as defined, and would allow the direct service provider agreement to include the procurement of recovered organic waste products on a prospective or retrospective basis as long as the purchase of those products occurs during the year for which the local jurisdiction seeks credit. The bill would also authorize local jurisdictions to count towards their procurement targets, compost produced and procured from specified compost operations, as defined, and, until 2030, investments made for the expansion of the capacity of compostable materials handling operations or community composting operations, as provided. (Based on 02/12/2024 text)
Status: 02/26/2024 - Referred to Com. on NAT. RES.
AJR 12 (Alvarez) Tijuana River: cross-border pollution. (Amended 02/16/2024) Link
This measure would, among other things, urge the United States Congress to support President Joseph R. Biden’s $310,000,000 supplemental funding request for the United States Section of the International Boundary and Water Commission due to the ongoing impacts to public health, the environment, and the local economy caused by cross-border pollution in the Tijuana River Valley and would urge President Joseph R. Biden to declare a national emergency due to those ongoing impacts. (Based on 02/16/2024 text)
Status: 03/04/2024 - In Senate. To Com. on RLS.
Position: Pending Support
Notes: 2/14/24: EN tagged as pending support. 2/15/24: EN sent draft support letter to the City for review.
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
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house of the Legislature and a majority of the voters. This bill would enact the Climate Resiliency and Flood Protection Bond Act of 2024 which, if approved by the voters, would authorize the issuance of bonds in the amount of $6,000,000,000 pursuant to the State General Obligation Bond Law, for flood protection and climate resiliency projects. This bill contains other related provisions. (Based on 06/28/2023 text)
Status: 07/06/2023 - July 11 hearing postponed by committee.
SB 867 (Allen) Drought, Flood, and Water Resilience, Wildfire and Forest Resilience, Coastal Resilience, Extreme Heat Mitigation, Biodiversity and Nature-Based Climate Solutions, Climate Smart Agriculture, Park Creation and Outdoor Access, and Clean Energy Bond Act of 2024. (Amended 06/22/2023) Link
The California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018, approved by the voters as Proposition 68 at the June 5, 2018, statewide primary election, authorizes the issuance of bonds in the amount of $4,100,000,000 pursuant to the State General Obligation Bond Law to finance a drought, water, parks, climate, coastal protection, and outdoor access for all program. Article XVI of the California Constitution requires measures authorizing general obligation bonds to specify the single object or work to be funded by the bonds and further requires a bond act to be approved by a 2/3 vote of each house of the Legislature and a majority of the voters. This bill would enact the Drought, Flood, and Water Resilience, Wildfire and Forest Resilience, Coastal Resilience, Extreme Heat Mitigation, Biodiversity and Nature-Based Climate Solutions, Climate Smart Agriculture, Park Creation and Outdoor Access, and Clean Energy Bond Act of 2024, which, if approved by the voters, would authorize the issuance of bonds in the amount of $15,500,000,000 pursuant to the State General Obligation Bond Law to finance projects for drought, flood, and water resilience, wildfire and forest resilience, coastal resilience, extreme heat mitigation, biodiversity and nature-based climate solutions, climate smart agriculture, park creation and outdoor access, and clean energy programs. This bill contains other related provisions. (Based on 06/22/2023 text)
Status: 07/06/2023 - July 10 hearing postponed by committee.
SB 903 (Skinner) Environmental health: product safety: perfluoroalkyl and polyfluoroalkyl substances. (Amended 02/21/2024) Link
Existing law, commencing January 1, 2025, prohibits the manufacture, distribution, sale, or offering for sale in the state of any new, not previously used, textile articles that contain regulated perfluoroalkyl and polyfluoroalkyl substances (PFAS). Existing law, commencing January 1, 2025, prohibits the manufacture, sale, delivery, holding, or offering for sale in commerce of any cosmetic product that contains intentionally added PFAS. This bill would, beginning January 1, 2030, prohibit a person from distributing, selling, or offering for sale a product that contains intentionally added PFAS, as defined, unless the Department of Toxic Substances Control has made a determination that the use of PFAS in the product is a currently unavoidable use, the prohibition is preempted by federal law, or the product is used. The bill would specify the criteria and procedures for determining whether the use of PFAS in a product is a currently unavoidable use, for renewing that determination, and for revoking that determination. The bill would require the department to maintain on its internet website a list
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of each determination of currently unavoidable use, when each determination expires, and the products and uses that are exempt from the prohibition. The bill would impose a civil penalty for a violation of the prohibition, as specified. The bill would establish the PFAS Penalty Account and require all civil penalties received to be deposited into that account and, upon appropriation by the Legislature, to be used for the administration and enforcement of these provisions, as specified. This bill would, by January 1, 2027, require the department to adopt regulations to carry out the provisions of this bill. The bill would require the regulations to establish and provide for the assessment of an application fee. The bill would create the PFAS Oversight Fund and require all application fees to be deposited into the fund. The bill would require moneys in the account, upon appropriation by the Legislature, to be used to cover the department’s reasonable costs of administering this act. This bill contains other existing laws. (Based on 02/21/2024 text)
Status: 02/29/2024 - Re-referred to Coms. on E.Q. and JUD.
SB 972 (Min) Methane emissions: organic waste: landfills. (Introduced 01/25/2024) Link
Existing law requires the Department of Resources Recycling and Recovery, in consultation with the State Air Resources Board, to adopt regulations that achieve the specified targets for reducing organic waste in landfills. The California Global Warming Solutions Act of 2006 designates the state board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The bill would require the department, the state board, and the California Environmental Protection Agency to hold at least 2 joint meetings per calendar year to coordinate their implementation of policies that affect those specified targets for reducing organic waste in landfills and the department’s regulations adopted to achieve those goals, as specified. (Based on 01/25/2024 text)
Status: 02/14/2024 - Referred to Com. on E.Q.
Notes: CalCities sponsored
SB 1053 (Blakespear) Solid waste: reusable grocery bags: standards: plastic film prohibition. (Introduced 02/08/2024) Link
Existing law prohibits a store, as defined, from providing a single-use carryout bag, as defined, to a customer, with specified exceptions, including an exemption for bags used to contain unwrapped food. Existing law requires a reusable grocery bag sold by a store to a customer at the point of sale to be made by a certified reusable grocery bag producer and to meet specified requirements with regard to the bag’s durability, material, labeling, heavy metal content, and, with regard to reusable grocery bags made from plastic film, recycled material content. Existing law prohibits a producer of reusable grocery bags made from plastic film from selling or distributing those bags unless the producer is certified by a 3rd-party certification entity, and provides proof of that certification and a certification fee to the department, as specified. Existing law also prohibits a store from selling or distributing a recycled paper bag at the point of sale unless the store makes that bag available for purchase for not less than $0.10. Existing law defines “recycled paper bag,” in part, as a paper carryout bag that contains a minimum of 40 percent postconsumer recycled materials, except as provided, and meets other requirements. Existing law allows a retail establishment to voluntarily comply with these
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requirements, if the retail establishment provides the department with irrevocable notice. This bill would, commencing January 1, 2026, revise and recast those provisions to, among other things, revise the single-use carryout bag exception to include a bag used solely to contain or wrap specified uncooked foods and other specified items to avoid contamination, prevent damage from moisture, or for sanitary, public health, or environmental protection purposes. The bill would revise the definition of “recycled paper bag” to require it be made from 100 percent postconsumer recycled materials, without exception. The bill would also require a reusable grocery bag sold by a store to a customer at the point of sale to meet different requirements including that it not be made from plastic film material. The bill would repeal the provisions relating to certification of reusable grocery bags and voluntary compliance by other retail establishments, and would repeal a provision relating to certain obsolete at-store recycling program requirements. The bill would make related conforming changes. (Based on 02/08/2024 text)
Status: 02/21/2024 - Referred to Com. on E.Q.
Governmental Operations
AB 1725 (McCarty) Law enforcement settlements and judgments: reporting. (Amended 01/03/2024) Link
Existing law requires each law enforcement agency to monthly furnish specified information to the Department of Justice regarding the use of force by a peace officer. This bill would require municipalities, as defined, to annually post on their internet websites specified information relating to settlements and judgments of $50,000 or more resulting from allegations of improper police conduct, including, among other information, amounts paid, broken down by individual settlement and judgment, information on bonds used to finance use of force settlement and judgment payments, and premiums paid for insurance against settlements or judgments resulting from allegations of improper police conduct. The bill would also require municipalities to annually post additional information pertaining to settlements and judgments, as specified, irrespective of the amount paid. By increasing requirements for local governments, this bill would impose a state-mandated local program. The bill would make legislative findings and declarations. (Based on 01/03/2024 text)
Status: 01/25/2024 - Read third time. Passed. Ordered to the Senate. (Ayes 69. Noes 0.) In Senate. Read first time. To Com. on RLS. for assignment.
AB 1890 (Patterson, Joe) Public works: prevailing wage. (Introduced 01/22/2024) Link
Existing law defines the term “public works” for the purposes of requirements regarding the payment of prevailing wages, the regulation of working hours, and the securing of workers’ compensation for public works projects. Existing law requires an entity awarding a public works contract, as specified, to provide notice to the Department of Industrial Relations. Existing law requires civil penalties to be imposed on an entity that fails to provide that required notice and authorizes the Labor Commissioner to issue a citation for civil penalties to an entity that fails to
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provide the required notice. This bill would additionally require the awarding body to provide notice to the department if there is a change in the identity of a contractor or subcontractor performing the project or, within 30 days, if the total amount of the contract change exceeds $10,000. By creating new notification requirements for public agencies, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 01/22/2024 text)
Status: 02/05/2024 - Referred to Com. on L. & E.
Calendar: 03/13/24 A-LABOR AND EMPLOYMENT 1:30 p.m. - State Capitol, Room 447 ORTEGA, LIZ, Chair
AB 2089 (Holden) Local government: collection of demographic data. (Introduced 02/05/2024) Link
Existing law requires the State Controller’s Office, to the extent the office has completed the functionality necessary, and the Department of Human Resources, when collecting demographic data as to the ancestry or ethnic origin of Californians hired into state employment, to use additional collection categories and tabulations for specified Black or African American groups. This bill would, commencing January 1, 2026, require a city, county, or city and county, when collecting demographic data as to the ancestry or ethnic origin of persons, to include the additional collection categories and tabulations for specified Black or African American groups, as described above. The bill would make related findings and declarations. By imposing new duties on cities, counties, or a city and county, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 02/05/2024 text)
Status: 02/06/2024 - From printer. May be heard in committee March 7.
AB 2153 (Lowenthal) California Public Records Act: public agency employees: notice requirements: personnel and medical information. (Introduced 02/06/2024) Link
Existing law, the California Public Records Act, requires public records to be open to inspection at all times during the office hours of the state or local agency that retains those records, and provides that every person has a right to inspect any public record, except as provided. Existing law requires each agency, upon a request for records, to determine within 10 days whether that request, in whole or in part, seeks copies of disclosable public records in the agency’s possession and to promptly notify the person making the request of its determination and reasons for that determination. Under existing law, the act generally does not require disclosure of personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy. Existing law requires an agency, if it determines a request seeks disclosable public records, to state the estimated date and time when the records will be made available. Existing law permits the prescribed time limits of the act to be extended in unusual circumstances. In this connection, “unusual circumstances” include, among other reasons, the need to search for and collect the requested records from field facilities or other establishments separate from the office processing the request. This bill would require each agency, upon receipt of a request for a copy of, or the inspection of, any personnel, medical, or similar records of a public agency employee or any record that would disclose a public agency
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employee’s personal identity in connection with the performance of that employee’s work duties, to promptly and prior to the release of the records, provide written notice of the request to that public agency employee. By placing new requirements on local agencies, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 02/06/2024 text)
Status: 02/20/2024 - Referred to Com. on JUD.
Calendar: 03/19/24 A-JUDICIARY 9 a.m. - State Capitol, Room 437 KALRA, ASH, Chair
AB 2257 (Wilson) Local government: property-related water and sewer fees and assessments: remedies. (Introduced 02/08/2024) Link
The California Constitution specifies various requirements with respect to the levying of assessments and property-related fees and charges by a local agency. The California Constitution includes a public notice and a majority protest procedure in the case of assessments and procedures for submitting property-related fees and charges for approval by property owners subject to the fee or charge or to the electorate residing in the affected area following a public hearing. Existing law, known as the Proposition 218 Omnibus Implementation Act, prescribes specific procedures and parameters for local jurisdictions to comply with these requirements. This bill would prohibit, if a local agency complies with specified procedures, a person or entity from bringing a judicial action or proceeding alleging noncompliance with the constitutional provisions for any new, increased, or extended fee or assessment, as defined, unless that person or entity has timely submitted to the local agency a written objection to that fee or assessment that specifies the grounds for alleging noncompliance, as specified. This bill would provide that local agency responses to the timely submitted written objections shall go to the weight of the evidence supporting the agency’s compliance with the substantive limitations on fees and assessments imposed by the constitutional provisions. The bill would also prohibit an independent cause of action as to the adequacy of the local agency’s responses. This bill contains other related provisions and other existing laws. (Based on 02/08/2024 text)
Status: 02/26/2024 - Referred to Coms. on JUD. and L. GOV.
AB 2283 (Pacheco) Public Records: employee personnel records: notice. (Introduced 02/08/2024) Link
Existing law, the California Public Records Act, requires a state or local agency to make its public records available for public inspection and to make copies available upon request and payment of a fee, unless the public records are exempt from disclosure. The act requires a state or local agency to comply with specified procedural requirements when responding to a request for a copy of records. This bill would require a public agency that receives a request for the personnel records of one of the public agency’s employees to provide written notice, as prescribed, to the employee within 48 hours of receipt of the request if specified conditions are met. By imposing new duties on local agencies, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 02/08/2024 text)
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Status: 02/26/2024 - Referred to Com. on JUD.
AB 2384 (Wilson) Public swimming pools: emergency telephones. (Introduced 02/12/2024) Link
Existing law requires the State Department of Public Health to adopt and enforce regulations relating to public swimming pools. Existing law provides various building and safety standards for public swimming pools, as defined. Existing law requires that every person or entity operating or maintaining a public swimming pool do so in a sanitary, healthful, and safe manner. Existing law requires county health officers to enforce department regulations and authorizes a county health officer or any department inspector to enter the premises of a public swimming pool and investigate for violations, as specified. A violation of these provisions is a misdemeanor. This bill would require a person or entity that owns or maintains a public swimming pool, as defined, to ensure that there is an operating telephone on or adjacent to the pool deck, available for emergency use, at all times. By expanding the definition of a crime, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 02/12/2024 text)
Status: 02/26/2024 - Referred to Com. on HEALTH.
AB 2421 (Low) Employer-employee relations: confidential communications. (Introduced 02/13/2024) Link
Existing law that governs the labor relations of public employees and employers, including the Meyers-Milias-Brown Act, the Ralph C. Dills Act, provisions relating to public schools, provisions relating to higher education, and provisions relating to the the San Francisco Bay Area Rapid Transit District, prohibits employers from taking certain actions relating to employee organization, including imposing or threatening to impose reprisals on employees, discriminating or threatening to discriminate against employees, or otherwise interfering with, restraining, or coercing employees because of their exercise of their guaranteed rights. Those provisions of existing law further prohibit denying to employee organizations the rights guaranteed to them by existing law. This bill would also prohibit a local public agency employer, a state employer, a public school employer, a higher education employer, or the district from questioning any employee or employee representative regarding communications made in confidence between an employee and an employee representative in connection with representation relating to any matter within the scope of the recognized employee organization’s representation. (Based on 02/13/2024 text)
Status: 02/26/2024 - Referred to Com. on P.E. & R.
AB 2439 (Quirk-Silva) Public records: owners and developers. (Introduced 02/13/2024) Link
Existing law, the California Public Records Act, requires state and local agencies, as defined, to make their records available for public inspection, unless an exemption from disclosure applies. Existing law declares that access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state. Existing law requires specified state and local bodies to establish written guidelines for accessibility of records. Existing law requires the state and local bodies to post a copy of these guidelines in a
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conspicuous public place at the offices of these bodies, and to make available a copy of the guidelines upon request, free of charge, to any person requesting that body’s records. This bill would additionally require an owner, developer, or their agents who receives public funds or the equivalent of public funds from a public agency to perform a public works project, as defined, to be subject to the act in connection with records that it prepares, owns, uses, or retains relating to that public works project. The bill would require the owner, developer, or their agents to establish written guidelines for accessibility of records. The bill would also require the owner, developer, or their agents to post a copy of these guidelines in a conspicuous public place at the offices of these owners and developers, and to make available a copy of the guidelines upon request, free of charge, to any person requesting that owner’s or developer’s records. This bill contains other related provisions and other existing laws. (Based on 02/13/2024 text)
Status: 02/26/2024 - Referred to Com. on JUD.
Calendar: 03/19/24 A-JUDICIARY 9 a.m. - State Capitol, Room 437 KALRA, ASH, Chair
AB 2583 (Berman) School zones and routes. (Introduced 02/14/2024) 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 a circulation element to plan for transportation routes. This bill would require, upon any substantive revision of the circulation element on or after January 1, 2025, the legislative body of a city or county, to identify and establish school routes for all schools located within the scope of the general plan and establish a posted speed limit of no more than 25 miles per hour within a school route, as specified. The bill would define a “school route” to mean all roadways and sidewalks within 1,000 feet in all directions of the boundary line of a school grounds. By placing new duties on county and city officials with respect to their land use planning, the bill would impose a state-mandated local program. 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 2626 (Dixon) Advanced Clean Fleets regulations: local governments. (Introduced 02/14/2024) Link
Existing law requires the State Air Resources 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 that the state board has found necessary, cost effective, and technologically feasible. The California Global Warming Solutions Act of 2006 establishes the state board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases and requires the state board to adopt rules and regulations to achieve the maximum technologically feasible and cost-effective greenhouse gas emission reductions from those sources. Pursuant to its authority, the state board has adopted the Advanced Clean Fleets Regulation, which imposes various requirements for transitioning local, state, and federal government fleets of medium- and heavy-duty trucks, other high-priority fleets of medium- and heavy-duty trucks, and drayage trucks to zero-emission vehicles. The Advanced Clean Fleets Regulation authorizes entities subject to the regulation to apply for
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exemptions from its requirements under certain circumstances. This bill would extend the compliance dates for local government set forth in the Advanced Clean Fleets Regulation by 10 years. The bill would prohibit the state board from taking enforcement action against a local government for violating the Advanced Clean Fleets Regulation if the alleged violation occurs before January 1, 2025. This bill contains other existing laws. (Based on 02/14/2024 text)
Status: 03/04/2024 - Referred to Coms. on TRANS. and NAT. RES.
AB 2632 (Wilson) Planning and zoning: thrift retail stores. (Introduced 02/14/2024) Link
Existing law, the Planning and Zoning Law, among other things, requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city and of any land outside its boundaries that relates to its planning. Existing law authorizes the legislative body, if it deems it to be in the public interest, to amend all or part of an adopted general plan, as provided. Existing law also authorizes the legislative body of any county or city, pursuant to specified procedures, to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, open space, and other purposes. This bill would prohibit a city, including a charter city, a county, or a city and county, from treating a thrift retail store, as defined, differently from a nonthrift retail store for purposes of zoning, development standards, or permitting. The bill would allow a city, county, or city and county to require that thrift retail stores meet certain aesthetic or design standards, as prescribed. The bill would prohibit a city, including a charter city, a county, or a city and county, 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. By imposing additional duties on local officials, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 02/14/2024 text)
Status: 03/04/2024 - Referred to Com. on L. GOV.
AB 2658 (Bains) Short-lived climate pollutants: organic waste: reduction regulations: exemption. (Introduced 02/14/2024) Link
Existing law requires the State Air Resources Board to implement a comprehensive short-lived climate pollutant strategy to achieve a reduction in statewide emissions of methane by 40% by 2030. Existing law requires the methane emissions reduction goals to include a 75% reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025. Existing law requires the Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations to achieve these organic waste reduction goals that include, among other things, requirements intended to meet the goal that not less than 20% of edible food that is currently disposed of be recovered for human consumption by 2025 and that may include penalties to be imposed by the department for noncompliance, as provided. This bill would exempt from the above-referenced organic waste reduction goal requirements and regulations, food processing establishments, as defined, that do not divert organic waste to landfills. (Based on 02/14/2024 text)
Status: 03/04/2024 - Referred to Com. on NAT. RES.
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AB 2734 (Connolly) Agriculture: Cannella Environmental Farming Act of 1995. (Introduced 02/15/2024) Link
Existing law, the Cannella Environmental Farming Act of 1995, requires the Department of Food and Agriculture to establish and oversee an environmental farming program to provide incentives to farmers whose practices promote the well-being of ecosystems, air quality, and wildlife and their habitat. The act requires the Secretary of Food and Agriculture to convene the Scientific Advisory Panel on Environmental Farming, as prescribed, for the purpose of providing advice to the secretary on the implementation of the Healthy Soils Program and the State Water Efficiency and Enhancement Program and assistance to federal, state, and local government agencies on issues relating to the impact of agricultural practices on air, water, and wildlife habitat, as specified. This bill would require the panel to consult with the California Organic Products Advisory Committee in relation to certified organic producers and the Healthy Soils Program, as specified. This bill contains other related provisions and other existing laws. (Based on 02/15/2024 text)
Status: 03/04/2024 - Referred to Com. on AGRI.
AB 2813 (Aguiar-Curry) Government Investment Act. (Introduced 02/15/2024) Link
Existing law, known as the Proposition 218 Omnibus Implementation Act, defines various terms and prescribes procedures and parameters for local jurisdictions to comply with specified provisions of the California Constitution. The Legislature adopted ACA 1 at the 2023–24 Regular Session of the Legislature, which, if approved by the voters, would amend and add provisions of the California Constitution to (1) create an additional exception to the 1% limit on the ad valorem tax rate on real property by authorizing a local jurisdiction to levy an ad valorem tax to service bonded indebtedness incurred to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, or permanent supportive housing, if the proposition proposing that tax is approved by 55% of the voters in that local jurisdiction; and (2) authorize a local jurisdiction to impose, extend, or increase a sales and use tax to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, or permanent supportive housing, if the proposition proposing that tax is approved by 55% of the voters in that local jurisdiction. Pursuant to the existing law described above, ACA 1 is scheduled to appear on the ballot at the November 5, 2024, statewide general election. This bill would authorize a local government that imposes a tax under ACA 1 to commit revenues to affordable housing programs, including downpayment assistance, first-time home buyer programs, and owner-occupied affordable housing rehabilitation programs. The bill would require a local government to ensure that any project that is funded with ACA 1 bonded indebtedness or ACA 1 special taxes to have an estimated useful life of at least 15 years or 5 years if the funds are for specified public safety buildings, facilities, and equipment. The bill would specify that a local government may commit revenues derived from ACA 1 bonded indebtedness or an ACA 1 special tax to projects or programs administered by a nonprofit organization for affordable housing or permanent supportive housing purposes. This bill contains other related provisions and other existing laws. (Based on 02/15/2024 text)
Status: 02/16/2024 - From printer. May be heard in committee March 17.
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SB 689 (Blakespear) Local coastal program: bicycle lane: amendment. (Amended 01/03/2024) Link
The California Coastal Act of 1976 requires any person wishing to perform or undertake any development in the coastal zone, as defined, in addition to obtaining any other permit required by law from any local government or from any state, regional, or local agency, to obtain a coastal development permit, as provided. The act requires the issuance of a coastal development permit if the proposed development is in conformity with the certified local coastal program. The act provides for the certification of local coastal programs by the California Coastal Commission 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 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 create a dedicated bicycle lane within the developed portion of an existing right-of-way requires an amendment to a local coastal program, the amendment be processed according to specified law, if the executive director of the commission makes specified determinations. (Based on 01/03/2024 text)
Status: 01/29/2024 - Read third time. Passed. (Ayes 31. Noes 8.) Ordered to the Assembly. In Assembly. Read first time. Held at Desk.
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 Jason about the support letter. 1/29/24: EN followed up with Jason about the support letter. 1/29/24: EN tagged as support and submitted to Senate and emailed delegation.
SB 908 (Cortese) Public records: legislative records: electronic messages. (Introduced 01/08/2024) Link
The California Public Records Act requires a state or local agency to make public records available for public inspection, except as specified. Under existing law, a public record includes any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by a state or local agency regardless of physical form or characteristics. This bill would prohibit an elected or appointed official or employee of a public agency from creating or sending a public record using a nonofficial electronic messaging system unless the official or employee sends a copy of the public record to an official electronic messaging system, as specified. By imposing additional duties on local agencies, the bill would create a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 01/08/2024 text)
Status: 01/09/2024 - From printer. May be acted upon on or after February 8.
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SB 1090 (Durazo) Unemployment insurance: disability and paid family leave: claim administration. (Introduced 02/12/2024) 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. This bill contains other related provisions and other existing laws. (Based on 02/12/2024 text)
Status: 02/21/2024 - Referred to Com. on L., P.E. & R.
SB 1175 (Ochoa Bogh) Organic waste: reduction goals: local jurisdictions: waivers. (Introduced 02/14/2024) Link
Existing law requires the State Air Resources Board to approve and begin implementing a comprehensive short-lived climate pollutant strategy to achieve a certain reduction in statewide emissions of methane, including a goal of a 75% reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025.This bill would require the department to consider alternatives to census tracts, as provided, when deciding the boundaries of a low-population or elevation waiver and would require low-population waivers to be valid for a period of 10 years. This bill contains other existing laws. (Based on 02/14/2024 text)
Status: 02/21/2024 - Referred to Com. on E.Q.
SB 1361 (Blakespear) California Environmental Quality Act: exemption: local agencies: contract for providing services for people experiencing homelessness. (Introduced 02/16/2024) Link
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA exempts for its requirements, among other things, actions taken by the Department of Housing and Community Development, the California Housing Finance Agency, or a local agency not acting as the lead agency to provide
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financial assistance or insurance for the development and construction of residential housing for persons and families of low or moderate income, as provided. This bill would additionally exempt from CEQA’s requirements actions taken by a local agency to approve a contract for providing services for people experiencing homelessness. This bill contains other existing laws. (Based on 02/16/2024 text)
Status: 02/29/2024 - Referred to Coms. on E.Q. and HOUSING.
SB 1441 (Allen) Examination of petitions: time limitations and reimbursement of costs. (Introduced 02/16/2024) Link
Existing law, the California Public Records Act, requires state and local agencies to make their records available for public inspection, except as provided. Existing law generally includes in the meaning of “public records” any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. Under existing law, certain election petitions are not public records and are not open to inspection except by certain persons. Specifically, existing law authorizes, among other persons, the proponents of a petition found to be insufficient or their designated representative to examine the petition no later than 21 days after certification of the insufficiency. This bill would require the examination to conclude no later than 60 days after it commenced. The bill would also require the proponent to reimburse all costs incurred by the county elections official due to the examination within 30 days after the examination concludes. The bill would, before an examination is conducted and at the beginning of each day following, require the proponent of a petition who requests to examine a petition and a memorandum to deposit with the elections official a sum required by the elections official to cover the cost of the examination for that day. The bill would authorize the return of any money deposited in excess of the cost of the examination and provide that money not required to be refunded be deposited in the appropriate public treasury. This bill contains other related provisions and other existing laws. (Based on 02/16/2024 text)
Status: 02/29/2024 - Referred to Coms. on JUD. and E. & C.A.
Homelessness
AB 2502 (Rivas, Luz) Public contracts: emergencies. (Introduced 02/13/2024) Link
For purposes of the Public Contract Code, existing law defines an emergency as a sudden unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services. This bill would additionally define an emergency as an immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services caused by the impacts of homelessness. This bill contains other related provisions and other existing laws. (Based on 02/13/2024 text)
Status: 03/04/2024 - Referred to Com. on L. GOV.
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SB 7 (Blakespear) Planning and zoning: annual report: housing for extremely low income households. (Amended 01/22/2024) Link
Existing law, the Planning and Zoning Law, requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. That law requires the planning agency of a city or county to provide by April 1 of each year an annual report to, among other entities, the Department of Housing and Community Development. The law requires that the annual report include, among other specified information, the number of net new units of housing, including both rental housing and for-sale housing, that have been issued a completed entitlement, building permit, or certificate of occupancy, and the income category, by area median income, that each unit of housing satisfies, as specified. This bill would revise and recast these provisions to specify that the income category includes extremely low income households, as defined. By requiring cities and counties to include additional information in their annual reports, the bill would impose a state-mandated local program. (Based on 01/22/2024 text)
Status: 01/29/2024 - Read third time. Passed. (Ayes 32. Noes 0.) Ordered to the Assembly. In Assembly. Read first time. Held at Desk.
Housing and Land Use
AB 1505 (Rodriguez) Seismic retrofitting: soft story multifamily housing. (Amended 07/03/2023) Link
Existing law establishes the California Earthquake Authority, administered under the authority of the Insurance Commissioner and governed by a 3-member board, to transact insurance in this state as necessary to sell policies of basic residential earthquake insurance. Under existing law, the California Residential Mitigation Program, also known as the CRMP, is a joint powers authority created in 2012 by agreement between the California Earthquake Authority and the Office of Emergency Services. Existing law establishes the Seismic Retrofitting Program for Soft Story Multifamily Housing for the purposes of providing financial assistance to owners of soft story multifamily housing for seismic retrofitting to protect individuals living in multifamily housing that have been determined to be at risk of collapse in earthquakes, as specified. Existing law also establishes the Seismic Retrofitting Program for Soft Story Multifamily Housing Fund, and its subsidiary account, the Seismic Retrofitting Account, within the State Treasury. Existing law provides that the Legislature will appropriate $250,000,000 from the General Fund in the 2023–24 Budget Act to the Seismic Retrofitting Program for Soft Story Multifamily Housing Fund for the purposes of carrying out the program. Existing law requires the CRMP to develop and administer the program, as specified. Existing law makes these provisions inoperative on July 1, 2042, and repeals them as of January 1, 2043. Existing federal law, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, establishes various grant opportunities, including the Hazard Mitigation Grant Program and Building Resilient Infrastructure and Communities grant program, to support hazard mitigation projects. This bill would remove the requirement for the Legislature to appropriate $250,000,000 from the General Fund in the 2023–24 Budget Act to the Seismic Retrofitting Program for Soft Story Multifamily Housing Fund. The bill would authorize the Office of Emergency Services to
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dedicate federal Hazard Mitigation Grant Program and Building Resilient Infrastructure and Communities application funding to specified projects to augment and support the Seismic Retrofitting Program for Soft Story Multifamily Housing. This bill contains other related provisions and other existing laws. (Based on 07/03/2023 text)
Status: 09/14/2023 - Ordered to inactive file at the request of Senator McGuire.
AB 1813 (Alanis) Senior Tenant Shallow Rental Subsidy Program of 2024: housing grants. (Introduced 01/10/2024) Link
Existing law requires the Department of Housing and Community Development to administer various housing programs, including the Multifamily Housing Program and the CalHome Program. This bill would establish the Senior Tenant Shallow Rental Subsidy Program of 2024. The bill would require the department, upon appropriation by the legislature, to establish and administer a grant program for cities and counties to provide subsidies for senior citizens at risk of homelessness. The bill would require that, of the grants awarded pursuant to the program, 50% of the funds be awarded to localities with at least 250,000 residents, and 50% be awarded to localities with less than 250,000 residents. The bill would require funds awarded through the program be obligated by no later than July 31, 2025. The bill would authorize the department to reallocate any part of an award that is not so obligated to other grantees participating in the program that meet specified requirements. The bill would require a grantee to award rental subsidies to individuals, not to exceed $500 per month for up to 18 months, based on specified requirements. The bill would establish the Senior Tenant Shallow Rental Subsidy Program of 2024 Fund in the State Treasury, and would provide moneys in the fund be allocated, upon appropriation by the Legislature, to the department for use in accordance with the program. (Based on 01/10/2024 text)
Status: 01/29/2024 - Referred to Com. on H. & C.D.
AB 1820 (Schiavo) Housing development projects: applications: fees and exactions. (Amended 02/20/2024) Link
Existing law requires a city or county to deem an applicant for a housing development project to have submitted a preliminary application upon providing specified information about the proposed project to the city or county from which approval for the project is being sought. Existing law requires a housing development project be subject only to the ordinances, policies, and standards adopted and in effect when the preliminary application was submitted. This bill would authorize a development proponent that submits a preliminary application for a housing development project to request a preliminary fee and exaction estimate, as defined, and would require the local agency to provide the estimate within 10 business days of the submission of the preliminary application. This bill contains other related provisions and other existing laws. (Based on 02/20/2024 text)
Status: 02/21/2024 - Re-referred to Com. on H. & C.D.
AB 1835 (Muratsuchi) Local educational agencies: housing development projects: allowable use: California Environmental Quality Act. (Introduced 01/16/2024) Link
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The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development, and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a housing element. Existing law deems a housing development project located on any real property owned by a local educational agency an allowable use if the project meets specified criteria, including, among other things, that the development consists of at least 10 housing units and all of the units are rented by local educational agency employees, local public employees, and general members of the public pursuant to specified procedures. 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 ministerial approval of projects. This bill would define “allowable use” for purposes of the above-described provisions regarding housing development projects located on real property owned by a local educational agency to mean that the local agency’s review of the housing development project may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a “project” for purposes of CEQA. (Based on 01/16/2024 text)
Status: 01/29/2024 - Referred to Coms. on H. & C.D. and L. GOV.
AB 1886 (Alvarez) Housing Element Law: substantial compliance: Housing Accountability Act. (Introduced 01/22/2024) Link
The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Existing law, commonly referred to as the Housing Element Law, prescribes requirements for a city’s or county’s preparation of, and compliance with, its housing element, and requires the Department of Housing and Community Development to review and determine whether the housing element substantially complies with the Housing Element Law, as specified. If the department finds that a draft housing element or amendment does not substantially comply with the Housing Element Law, existing law requires the legislative body of the city or county to either (A) change the draft element or amendment to substantially comply with the Housing Element Law or (B) adopt the draft housing element or amendment without changes and make specified findings as to why the draft element or amendment substantially complies with the Housing Element Law despite the findings of the department. Existing law requires a planning agency to promptly submit an adopted housing element or amendment to the department and requires the department to review the adopted housing element or amendment and report its findings to the planning agency within 60 days. This bill would require a planning agency that makes the above-described findings as to why a draft housing element or amendment substantially complies with the Housing Element Law despite the findings of the department to submit those findings to the department. The bill would require the department to review those finding in its review of an adopted housing element or amendment. The bill would create a rebuttable presumption of validity for the department’s findings as to whether the adopted element or amendment substantially complies with the Housing Element Law. Because the bill would require planning agencies to submit specified findings to the department with an adopted housing element or amendment, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 01/22/2024 text)
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Status: 02/05/2024 - Referred to Coms. on H. & C.D. and L. GOV.
AB 1889 (Friedman) General plan: wildlife connectivity element. (Introduced 01/22/2024) 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 and housing elements, as specified. This bill would require a general plan to include a wildlife connectivity element, or related goals, policies, and objectives integrated in other elements, that considers the effect of development within the jurisdiction on fish, wildlife, and habitat connectivity, as specified. The bill would require the wildlife connectivity element to, among other things, identify and analyze connectivity areas, permeability, and natural landscape areas within the jurisdiction, incorporate and analyze specified guidelines and standards, incorporate and analyze relevant information from specified sources, and incorporate and analyze relevant best available science. The bill would require a city or county subject to these provisions to adopt or review the wildlife connectivity element, or related goals, policies, and objectives integrated in other elements, upon the adoption or next revision of one or more elements on or after January 1, 2025. The bill would include related legislative findings and declarations. By adding to the duties of county and city officials in the administrating 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 01/22/2024 text)
Status: 02/05/2024 - Referred to Coms. on L. GOV. and W., P., & W.
AB 1893 (Wicks) Housing Accountability Act: housing disapprovals: required local findings. (Introduced 01/23/2024) 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. One set of conditions is that (A) the jurisdiction has adopted a housing element that is in substantial compliance with the Housing Element Law, and (B) the housing development project is inconsistent with both the jurisdiction’s zoning ordinance and general plan land use designation as specified in any element of the general plan as it existed on the date the application was deemed complete. This bill would authorize a local agency to disapprove or conditionally approve a housing development project for very low, low-, or moderate-income households if it makes a finding that (A) the local agency has failed to adopt a revised housing element that is in substantial compliance with the Housing Element Law, (B) the housing development project is proposed for a site zoned for residential use or residential mixed-use development, and (C) the housing development project exceeds specified density requirements, has a density that is less than the minimum allowed by state or local law, or does not meet objective standards
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quantifiable, written development standards, as specified. This bill contains other related provisions and other existing laws. (Based on 01/23/2024 text)
Status: 02/05/2024 - Referred to Coms. on H. & C.D. and L. GOV.
AB 1932 (Ward) California Statewide Housing Plan. (Introduced 01/25/2024) Link
Existing law establishes the California Statewide Housing Plan, developed in cooperation with the private housing industry, regional and local housing and planning agencies, and other agencies of the state, to serve as a state housing plan. Existing law requires the plan to incorporate specified segments, including a review of housing assistance policies, goals, and objectives affecting the homeless. This bill would recast that provision to require the plan to incorporate, in consultation with the Interagency Council on Homelessness and utilizing data from the Homeless Data Integration system, a review of housing assistance, policies, goals, and objectives affecting people experiencing homelessness. (Based on 01/25/2024 text)
Status: 02/05/2024 - Referred to Com. on H. & C.D.
AB 2023 (Quirk-Silva) Housing element substantial compliance: rebuttable presumptions. (Introduced 01/31/2024) 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 also requires the department to review any action or failure to act by a city, county, or city and county that it determines is inconsistent with an adopted housing element and requires the department to provide a reasonable time no longer than 30 days for the city, county, or city and county to respond. Existing law creates a rebuttable presumption in any action filed on or after January 1, 1991, taken to challenge the validity of a housing element of the validity of the element or amendment if the department has found that the element or amendment substantially complies with the requirements of the Housing Element Law. This bill would create a rebuttable presumption of invalidity in any legal action challenging an action or failure to act by a city, county, or city and county if the department finds that the city, county, or city and county’s action or failure to act does not substantially comply with its adopted housing element or specified obligations under the Housing Element Law. This bill contains other related provisions and other existing laws. (Based on 01/31/2024 text)
Status: 02/12/2024 - Referred to Coms. on H. & C.D. and L. GOV.
AB 2085 (Bauer-Kahan) Planning and zoning: ministerial approval: community clinic. (Introduced 02/05/2024) 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
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satisfies certain objective planning standards. This bill would authorize a development proponent to submit to a local agency an application for a licensed community clinic that is located in a zone where office, retail, health care, or parking are a principally permitted use. The bill would make the development subject to a streamlined, ministerial approval process where the development is not subject to a conditional use permit or any other nonlegislative discretionary approval, as described. 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 establishing the streamlined, ministerial approval process for these developments, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 02/05/2024 text)
Status: 03/04/2024 - Referred to Coms. on L. GOV. and NAT. RES.
AB 2430 (Alvarez) Planning and zoning: density bonuses: monitoring fees. (Introduced 02/13/2024) 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, 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. 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 02/13/2024 text)
Status: 02/26/2024 - Referred to Coms. on H. & C.D. and L. GOV.
AB 2433 (Quirk-Silva) California Private Permitting Review and Inspection Act: fees: building permits. (Introduced 02/13/2024) Link
Existing law, the State Housing Law, establishes statewide construction and occupancy standards for buildings used for human habitation. Existing law authorizes the governing body of a county or city to prescribe fees for permits, certificates, or other forms or documents required or authorized under the State Housing Law, and fees to defray the cost of enforcement required by the law to be carried out by local enforcement agencies. This bill, the California Private Permitting Review and Inspection Act, would require a building department of the county or city to prepare a schedule of the above-described fees and post the schedule on the county or city’s internet website if the city or county prescribes the fees. This bill contains other related provisions and other existing laws. (Based on 02/13/2024 text)
Status: 03/04/2024 - Referred to Coms. on L. GOV. and H. & C.D.
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AB 2553 (Friedman) Housing development: major transit stops: vehicular traffic impact fees. (Introduced 02/14/2024) Link
Existing law, the California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA exempts from its requirements residential projects on infill sites and transit priority projects that meet certain requirements, including a requirement that the projects are located within 1/2 mile of a major transit stop. CEQA defines “major transit stop” to include, among other locations, the intersection of 2 or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. This bill would revise the definition of “major transit stop” to increase the frequency of service interval to 20 minutes. The bill would additionally define “major transit stop” to include a site in an urbanized area that is being served by an on-demand transit service at least 12 hours a day, 7 days a week. Because the bill would require a lead agency to make an additional determination as to whether a location is a major transit stop for purposes of determining whether residential or mixed-use residential projects are exempt from CEQA, this bill would impose a state-mandated local program. 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 2574 (Valencia) Alcoholism or drug abuse recovery or treatment facilities. (Introduced 02/14/2024) Link
Existing law declares that it is the policy of the state that each county and city shall permit and encourage the development of sufficient numbers and types of alcoholism or drug abuse recovery or treatment facilities as are commensurate with local need. Existing law requires an alcoholism or drug abuse recovery or treatment facility that serves 6 or fewer persons to be considered a residential use of property for the purposes of local regulations, regardless of whether or not unrelated persons are living together. This bill would exempt an unlicensed home for persons recovering from alcoholism or drug abuse in a neighborhood zoned for residential use from being considered a residential use of property when specified evidence demonstrates that the facility is an integral part of a licensed drug treatment facility located elsewhere. (Based on 02/14/2024 text)
Status: 03/04/2024 - Referred to Com. on HEALTH.
Notes: CalCities sponsored
AB 2712 (Friedman) Automobile parking requirements: development projects. (Introduced 02/14/2024) Link
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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. Existing law prohibits a public agency from imposing any minimum automobile parking requirement on any residential, commercial, or other development project that is located within 1/2 mile of public transit, as defined, unless the public agency makes written findings, within 30 days of the receipt of a completed application, that not imposing or enforcing minimum automobile parking requirements on the development would have a substantially negative impact on, among other things, the city’s, county’s, or city and county’s ability to meet its share of the regional housing need for low- and very low income households. This bill would instead provide a public agency with 60 days from the receipt of a completed application to make those written findings. (Based on 02/14/2024 text)
Status: 02/15/2024 - From printer. May be heard in committee March 16.
AB 2729 (Patterson, Joe) Residential fees and charges. (Introduced 02/15/2024) Link
Existing law prohibits a local agency that imposes fees or charges on a residential development for the construction of public improvements or facilities from requiring the payment of those fees or charges until the date of the final inspection or the date the certificate of occupancy is issued, whichever occurs first, except that the payment may be required sooner if the local agency determines that the fees or charges will be collected for public improvements or facilities for which an account has been established and funds appropriated and for which the local agency has adopted a proposed construction schedule or plan prior to final inspection or issuance of the certificate of occupancy, or if the fees or charges are to reimburse the local agency for expenditures previously made. This bill would delete the above-described authorization for a local agency to require payment of fees or charges prior to the date of final inspection or issuance of the certificate of occupancy, whichever occurs first. (Based on 02/15/2024 text)
Status: 03/04/2024 - Referred to Coms. on L. GOV. and H. & C.D.
AB 2746 (Villapudua) Employee Housing Act: agricultural housing. (Introduced 02/15/2024) Link
Existing law, the Employee Housing Act, generally regulates employee housing, as defined. Existing law authorizes the owner of any employee housing who has qualified or intends to qualify for a permit to operate pursuant to the act to invoke specified provisions of law, including, among other things, deeming employee housing consisting of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household an agricultural land use, providing that this employee housing is not subject to certain taxes and fees, and considering this employee housing an agricultural use of property, as specified. This bill would recast those provisions to apply to employee housing consisting of no more than 50 units or spaces designed for use by a single family or household. 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 02/15/2024 text)
Status: 03/04/2024 - Referred to Com. on H. & C.D.
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AB 2881 (Lee) The Social Housing Act. (Introduced 02/15/2024) Link
Existing law establishes the Department of Housing and Community Development and sets forth its powers and duties. Existing law creates a housing authority in each county or city, which functions upon the adoption of a specified resolution by the relevant governing body. Existing law authorizes these housing authorities, within their jurisdictions, to construct, reconstruct, improve, alter, or repair all or part of any housing project. Existing law establishes various programs that provide housing assistance. This bill would enact the Social Housing Act and would create the California Housing Authority as an independent state body, the mission of which would be to ensure that social housing developments that are produced and acquired align with the goals of eliminating the gap between housing production and regional housing needs assessment targets and preserving affordable housing. The bill would prescribe a definition of social housing that would describe, in addition to housing owned by the authority, housing owned by other entities, as specified, provided that all social housing developed or authorized by the authority would be owned by the authority. This bill would prescribe the composition of the California Housing Authority Board, which would govern the authority, and which would be composed of appointed members and members who would be elected by residents of social housing developments, as specified. The bill would set forth the powers and duties of the authority and the board. The bill would require the authority to seek to achieve revenue neutrality, as defined, and would require the authority to seek to recuperate the cost of development and operations over the life of its properties through mechanisms that maximize the number of Californians who can be housed without experiencing rent burden. This bill contains other related provisions. (Based on 02/15/2024 text)
Status: 02/16/2024 - From printer. May be heard in committee March 17.
AB 2904 (Quirk-Silva) Zoning ordinances: notice. (Introduced 02/15/2024) 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 mailed or delivered at least 60 days before the hearing to the owner of each property subject to the proposed zoning ordinance or amendment to a zoning ordinance, as specified. The bill would require the notice to include details describing the zoning ordinance or the changes made by the amendment to the zoning ordinance, the reasons for adopting the zoning ordinance or amendment to a zoning ordinance, and information describing how property owners can participate in public hearings. The bill would require this notice to also be posted on the local government’s internet website. This bill contains other related provisions and other existing laws. (Based on 02/15/2024 text)
Status: 02/16/2024 - From printer. May be heard in committee March 17.
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AB 2909 (Santiago) Historical property contracts: qualified historical property: adaptive reuse. (Introduced 02/15/2024) Link
Existing law authorizes an owner of any qualified historical property to contract with the legislative body of a city, county, or city and county to restrict the use of the property, as specified, in exchange for lowered assessment values. Existing law defines “qualified historical property” as privately owned property that is not exempt from property taxation and is either listed in the National Register of Historic Places or located in a registered historic district, as defined, or listed in any state, city, county, or city and county official register of historical or architecturally significant sites, places, or landmarks. This bill, starting January 1, 2026, and until January 1, 2036, would additionally define as “qualified historical property” a privately owned property that is not exempt from property taxation that was constructed at least 30 years prior to the year a legislative body and property owner enter into a contract to restrict the use of the property, as specified, and that is located on a site that satisfies certain criteria, including, among others, being in a zone where office, retail, or parking are a principally permitted use. The bill would require a contract entered into to restrict the use of that qualified historical property to require adaptive reuse of the qualified historical property. The bill would also update an obsolete cross-reference. This bill contains other existing laws. (Based on 02/15/2024 text)
Status: 02/16/2024 - From printer. May be heard in committee March 17.
AB 2967 (Ting) Teacher Housing Act of 2016: definitions. (Introduced 02/16/2024) 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 defines the term “local public employees” for these purposes to include employees of a city, county, city and county, charter city, charter county, charter city and county, special district, or any combination of the above. This bill would make a nonsubstantive change to that definition. (Based on 02/16/2024 text)
Status: 02/17/2024 - From printer. May be heard in committee March 18.
AB 3057 (Wilson) California Environmental Quality Act: exemption: junior accessory dwelling units ordinances. (Introduced 02/16/2024) Link
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA exempts from its requirements the adoption of an ordinance by a city or county to issue a zoning variance, special use permit, or conditional use permit for a dwelling unit to be constructed, or which is attached to or detached from, a primary residence on a parcel zoned for a single-family residence, as
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provided, or to provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. This bill would expand the above CEQA exemption to include the adoption of an ordinance by a city or county to provide for the creation of junior accessory dwelling units in single-family residential zones. This bill contains other existing laws. (Based on 02/16/2024 text)
Status: 02/17/2024 - From printer. May be heard in committee March 18.
AB 3086 (Santiago) General plan: annual report: housing units. (Introduced 02/16/2024) Link
The Planning and Zoning Law requires a city or county to adopt a general plan for land use development of the city or county that includes, among other elements, a housing element. That law requires the housing element to include, among other things, an identification and analysis of existing and projected housing needs. That law requires the 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 that includes, among other specified information, the number of units of housing demolished and new units of housing that have been issued a completed entitlement, a building permit, or a certificate of occupancy. This bill would additionally require the city or county to include in the annual report the number of units in the city or county with long-term affordable covenants or restrictions that expired in the prior year and the number of units in the city or county subject to a local rent control or any form of rent or price control that were withdrawn from rent or lease. By requiring a city or county to include additional information in the annual report, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 02/16/2024 text)
Status: 02/17/2024 - From printer. May be heard in committee March 18.
AB 3122 (Kalra) Streamlined housing approvals: objective planning standards. (Introduced 02/16/2024) Link
Existing law, the Planning and Zoning Law, authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit, if the development satisfies specified objective planning standards, including, among others, that the development proponent has committed to record, prior to the issuance of the first building permit, a land use restriction or covenant providing that any lower or moderate-income housing units required remain available at affordable housing costs or rent to persons and families of lower or moderate income, as specified. Existing law authorizes a development proponent to request a modification to a development that has been approved under the streamlined, ministerial approval process if that request is submitted to the local government before the issuance of the final building permit. Existing law authorizes a local government to apply objective planning standards adopted after the development application was first submitted to the requested modification if the development is revised such that (1) the total number of residential units or total square footage of construction changes by 15% or more or (2) the development is revised such that the total number of residential units or total square footage of construction changes by 5% or more and it is necessary to impose an objective standard beyond those in effect when the development application was submitted in order to mitigate or avoid a specific, adverse impact upon the public health or safety. This bill would instead authorize a local government to
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apply objective planning standards adopted after the development application was first submitted to the requested modification if the development is revised such that (1) the total square footage of construction increases by 15% or more or the total number of residential units decreases by 15% or more or (2) the total square footage of construction increases by 5% or more or the total number of residential units decreases by 5% or more and it is necessary to impose an objective standard beyond those in effect when the development application was submitted in order to mitigate or avoid a specific, adverse impact upon the public health or safety. By reducing the ability of a local government to impose objective planning standards adopted after the development application was first submitted when reviewing a requested modification, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 02/16/2024 text)
Status: 02/17/2024 - From printer. May be heard in committee March 18.
AB 3177 (Carrillo, Wendy) Mitigation Fee Act: land dedications: mitigating vehicular traffic impacts. (Introduced 02/16/2024) 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 a 1/2 mile of a transit station. Existing law defines transit station for these purposes to mean a rail or light-rail station, ferry terminal, bus hub, or bus transfer station. This bill would instead require the housing development to be located within a 1/2 mile of a transit priority area for purposes of a local agency setting the rate for a mitigating vehicular traffic impacts fee to reflect a lower rate of automobile trip generation. The bill would define “transit priority area” as an area within 1/2 mile of a major transit stop that is existing or planned, if the planned stop is scheduled to be completed within the planning horizon included in a Transportation Improvement Program or applicable regional transportation plan. The bill would also prohibit local agency from imposing a land dedication requirement, as defined, on a housing development for the purpose of mitigating vehicular traffic impacts or achieving an adopted level of service related to vehicular traffic. 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 37 (Caballero) Older Adults and Adults with Disabilities Housing Stability Act. (Amended 01/22/2024) Link
Existing law establishes various programs to address homelessness, including requiring the Governor to create an Interagency Council on Homelessness and establishing the Homeless Emergency Aid program for the purpose of providing localities with one-time grant funds to address their immediate homelessness challenges, as specified. Existing law commits to the Department of Housing and Community Development the administration of various housing assistance programs, including provisions relating to residential hotel rehabilitation and tasks the department, in consultation with each council of governments, with the determination of
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each region’s existing and projected housing need. This bill would, upon an appropriation by the Legislature for this express purpose, require the Department of Housing and Community Development, commencing January 1, 2025, to begin developing the Older Adults and Adults with Disabilities Housing Stability Pilot Program. The bill would require the department, in administering the program, to offer competitive grants to nonprofit community-based organizations, continuums of care, public housing authorities, and area agencies on aging, as specified, to administer a housing subsidy program for older adults and adults with disabilities who are experiencing homelessness or at risk of homelessness, as defined, in up to 5 geographic regions or counties. This bill contains other related provisions. (Based on 01/22/2024 text)
Status: 01/29/2024 - Read third time. Passed. (Ayes 36. Noes 0.) Ordered to the Assembly. In Assembly. Read first time. Held at Desk.
SB 312 (Wiener) California Environmental Quality Act: university housing development projects: exemption. (Amended 01/11/2024) 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. 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 public university or a relevant public agency with authority to issue a certificate of occupancy for a building within the project to not issue the certificate of occupancy for the building unless the lead agency receives certification of LEED Platinum or better from the United States Green Building Council for the building and the lead agency determines that the construction impacts of the project have been fully mitigated. This bill would instead require a public university to obtain LEED Platinum certification for each building within a university housing development project no later than 12 months from the issuance of the building’s certificate of occupancy or its usage. The bill would prohibit a public university that has exempted a university housing development project from being eligible to exempt a subsequent university housing development project until the public university has obtained LEED Platinum certification for each building within the prior exempted university housing development project. This bill contains other existing laws. (Based on 01/11/2024 text)
Status: 01/25/2024 - Read third time. Passed. (Ayes 34. Noes 1.) Ordered to the Assembly. In Assembly. Read first time. Held at Desk.
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SB 834 (Portantino) Vehicles: preferential parking: residential, commercial, or other development project. (Amended 02/22/2024) Link
The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development, and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a land use element, and a conservation element. Existing law also authorizes the legislative body of a city or a county to adopt ordinances establishing requirements for parking, and permits variances to be granted from the parking requirements of a zoning ordinance for nonresidential development if the variance will be an incentive to the development and the variance will facilitate access to the development by patrons of public transit facilities. Existing law prohibits a public agency from imposing any minimum automobile parking requirement on any residential, commercial, or other development project, as defined, that is located within 1/2 mile of public transit, as defined. Existing law, notwithstanding the above-described prohibition, authorizes a city, county, or city and county to impose or enforce minimum automobile parking requirements on a housing development project if specified conditions are met. Existing law authorizes a local authority to authorize preferential parking for designated groups to park on specified streets if the local authority determines that use of the permits will not adversely affect parking conditions for residents and merchants in the area. This bill would prohibit a local authority from issuing any permit conferring preferential parking privileges to any residents or vendors of any developments within 1/2 mile of public transit and exempt from parking minimums. The bill would require the local authority to revise the boundaries of any such preferential parking district to exclude those developments from its boundaries. The bill would make related findings and declarations, and state that it is the intent of the Legislature to discourage car use by incentivizing development near public transit. The bill finds that reducing greenhouse gases and dependence on car use is a matter of statewide concern and not a municipal affair, and this bill applies to all cities, including charter cities. By changing the duties of local planning officials, this bill would impose a state-mandated local program. (Based on 02/22/2024 text)
Status: 02/29/2024 - Re-referred to Com. on RLS. pursuant to Assembly Rule 96.
SB 937 (Wiener) Development projects: permits and other entitlements: fees and charges. (Introduced 01/17/2024) 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
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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 01/17/2024 text)
Status: 02/21/2024 - Referred to Coms. on L. GOV. and HOUSING.
SB 951 (Wiener) California Coastal Act of 1976: coastal zone: City and County of San Francisco. (Introduced 01/18/2024) Link
Existing law requires a city or county to prepare and adopt a general plan for its jurisdiction that contains certain mandatory elements, including a housing element. Existing law requires the housing element to identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, among other things. Existing law requires the housing element to contain an assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. Existing law requires rezoning, including adoption of minimum density and development standards, as specified, when an inventory of sites does not identify adequate sites to accommodate the need for groups of specified household income levels. This bill would additionally apply specified rezoning standards for any necessary local coastal program updates for jurisdictions located within the coastal zone. By imposing new duties on local governments with regard to the administration of housing elements, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 01/18/2024 text)
Status: 03/01/2024 - Set for hearing April 9.
Calendar: 04/09/24 S-NATURAL RESOURCES AND WATER 9 a.m. - 1021 O Street, Room 2100 and 1:30 p.m. - State Capitol, Room 112, if necessary MIN, DAVE, Chair
SB 968 (Seyarto) Planning and zoning: regional housing needs allocation. (Introduced 01/24/2024) Link
Existing law requires the Department of Housing and Community Development to determine the existing and projected need for housing for each region and the appropriate council of governments, or, for cities and counties without a council of governments, the department, to determine a final regional housing need plan that allocates a share of the regional housing need to each city, county, or city and county. Existing law requires each council of governments or delegate subregion, as applicable, to develop a proposed methodology for distributing the existing and projected regional housing need to cities, counties, and cities and counties within the region or within the subregion, as provided. Existing law requires the consideration of several specified factors in developing the methodology. Existing law prohibits certain criteria from being a justification for a determination or reduction in a jurisdiction’s share of the regional housing need, including prior underproduction of housing in a city or county from the previous regional housing need allocation, as specified. This bill would permit the council of governments or delegate subregion, in developing the methodology, to consider prior overproduction of housing units in a city or county from the previous regional housing need allocation in a particular income category and to count it as credit toward the future regional
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housing need allocation of that same income category in the next cycle. The bill would provide that the amount eligible to count as credit toward the next cycle is determined by each jurisdiction’s most recent annual progress report, as specified. (Based on 01/24/2024 text)
Status: 02/14/2024 - Referred to Com. on HOUSING.
Calendar: 03/19/24 S-HOUSING 1:30 p.m. - 1021 O Street, Room 2100 SKINNER, NANCY, Chair
SB 1055 (Min) Accessory dwelling units: regional housing need. (Introduced 02/08/2024) Link
Existing law requires the Department of Housing and Community Development, in consultation with each council of governments, to determine each region’s existing and projected housing need, as provided. Existing law requires each council of governments, or the department for cities and counties without a council of governments, to adopt a final regional housing need plan that allocates a share of the regional housing need to each city, county, or city and county and that furthers specified objectives. Existing law requires the planning agency of a city or county to provide an annual report to its legislative body, the Office of Planning and Research, and the Department of Housing and Community Development by April 1 of each year that includes, among other information, the city’s or county’s progress in meeting its share of regional housing needs, as described. 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 authorizes a local agency to impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, and maximum size of a unit. Existing law prohibits a local agency from establishing height limitations for accessory dwelling units, including height limitations that would prohibit attached accessory dwelling units from attaining a height of 25 feet, as specified. This bill would prohibit a qualifying local agency from imposing height limitations that would prohibit an attached accessory dwelling unit from attaining a height of 16 feet, as specified. The bill would define “qualifying local agency” as a local agency that the Department of Housing and Community Development has determined that the number of housing units that have been entitled by the local agency, as shown on its most recent annual progress report, is greater than the local agency’s share of the regional housing need, for the low- and very low income categories, prorated for that annual reporting period. This bill contains other existing laws. (Based on 02/08/2024 text)
Status: 02/21/2024 - Referred to Coms. on HOUSING and L. GOV.
SB 1077 (Blakespear) Coastal resources: coastal development permits: accessory and junior accessory dwelling units: parking requirements. (Introduced 02/12/2024) 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. The act provides that a coastal development is not required for specified types of development in specified areas, 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
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agency to provide for the creation of junior accessory dwelling units in single-family residential zones, as specified. This bill would provide that a coastal development permit shall not be required for the addition of an accessory dwelling unit or a junior accessory dwelling unit that is proposed to be developed on a lot with an existing residential structure, as provided. The bill would provide, as an exception to the above, that a coastal development permit may be required for the development of an accessory dwelling unit or a junior accessory dwelling unit that is proposed to be located in specified locations. 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 02/12/2024 text)
Status: 03/01/2024 - Set for hearing April 9.
Calendar: 04/09/24 S-NATURAL RESOURCES AND WATER 9 a.m. - 1021 O Street, Room 2100 and 1:30 p.m. - State Capitol, Room 112, if necessary MIN, DAVE, Chair
SB 1134 (Caballero) Surplus land. (Introduced 02/13/2024) Link
Existing law prescribes requirements for the disposal of surplus land by a local agency. Existing law requires a local agency to take formal action in a regular public meeting to declare that land is surplus and is not necessary for the agency’s use and to declare land as either surplus land or exempt surplus land, as supported by written findings, before a local agency may take any action to dispose of it consistent with an agency’s policies or procedures. Different requirements apply to disposal, depending on the declaration as “surplus land” or “exempt surplus land” as existing law defines those terms. Existing law, except as specified, requires any local agency disposing of surplus land to send, before disposing of that property or participating in negotiations to dispose of that property with a prospective transferee, a written notice of availability of the property to entities specific to the purpose of the availability.This bill would correct a cross-reference in that notice provision and make other nonsubstantive changes. (Based on 02/13/2024 text)
Status: 02/21/2024 - Referred to Com. on RLS.
SB 1212 (Skinner) Investment entities: purchasing, acquiring, or leasing interests in housing. (Introduced 02/15/2024) Link
Existing law provides that all property has an owner, whether that owner is the state and the property is public, or the owner is an individual and the property is private. This bill, on and after January 1, 2025, would prohibit an investment entity, as defined, from purchasing, acquiring, or leasing an interest, as defined, in a single-family dwelling or other dwelling that consists of one or 2 residential units within this state. The bill would provide that a purchase, acquisition, or lease of an interest in housing in violation of this prohibition is void. The bill would define “investment entity” as a real estate investment trust or an entity that manages funds pooled from investors and owes a fiduciary duty to those investors. The bill would exempt nonprofit organizations and other entities primarily engaged in the construction or rehabilitation of housing from the definition of “investment entity.” (Based on 02/15/2024 text)
Status: 02/29/2024 - Referred to Com. on JUD.
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SB 1234 (Allen) Coastal resources: local land use plan: zoning ordinances and district maps: modifications: ministerial approval. (Introduced 02/15/2024) Link
The California Coastal Act of 1976 requires a land use plan of a proposed local coastal program to be submitted to the California Coastal Commission for certification. The act authorizes the commission to suggest modifications, which, if adopted and transmitted to the commission by the local government, shall cause the land use plan to be deemed certified upon confirmation of the executive director of the commission. The act requires a local government to submit to the commission the zoning ordinances, zoning district maps and, where necessary, other implementing actions that are required under the act. The act authorizes the commission to suggest modifications in the rejected zoning ordinances, zoning district maps, or other implementing actions, which, if adopted by the local government and transmitted to the commission, shall be deemed approved upon confirmation by the executive director of the commission. This bill would authorize local governments to adopt those suggested modifications from the commission through ministerial approval by its planning director or equivalent position. (Based on 02/15/2024 text)
Status: 03/01/2024 - Set for hearing April 9.
Calendar: 04/09/24 S-NATURAL RESOURCES AND WATER 9 a.m. - 1021 O Street, Room 2100 and 1:30 p.m. - State Capitol, Room 112, if necessary MIN, DAVE, Chair
SB 1342 (Atkins) California Environmental Quality Act: infrastructure projects: County of San Diego. (Introduced 02/16/2024) 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 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
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would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 02/16/2024 text)
Status: 02/29/2024 - Referred to Com. on E.Q.
SB 1395 (Becker) Shelter crisis: Low Barrier Navigation Center: use by right: building standards. (Introduced 02/16/2024) 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. 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 02/16/2024 text)
Status: 02/29/2024 - Referred to Coms. on HOUSING and E.Q.
Calendar: 03/19/24 S-HOUSING 1:30 p.m. - 1021 O Street, Room 2100 SKINNER, NANCY, Chair
SB 1438 (Niello) Housing First: sober housing. (Introduced 02/16/2024) Link
Existing law establishes the California Interagency Council on Homelessness to oversee the implementation of Housing First guidelines and regulations, and, among other things, identify resources, benefits, and services that can be accessed to prevent and end homelessness in California. Existing law requires a state agency or department that funds, implements, or administers a state program that provides housing or housing-related services to people experiencing homelessness or at risk of homelessness to revise or adopt guidelines and regulations to include enumerated Housing First policies. Existing law specifies the core components of Housing First, including prohibiting the use of alcohol or drugs, in and of itself, without other lease violations, from constituting a reason for eviction. This bill would provide an exception to that prohibition, authorizing a tenant’s eviction based upon the use of drugs or alcohol, without other lease violations, when children are housed in the same location. (Based on 02/16/2024 text)
Status: 02/29/2024 - Referred to Coms. on HOUSING and JUD.
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SB 1439 (Ashby) Surplus Land Act: exempt surplus land: health facilities. (Introduced 02/16/2024) Link
Existing law prescribes requirements for the disposal of surplus land by a local agency. Existing law defines “surplus land” for these purposes to mean land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use. Existing law provides that an agency is not required to follow the requirements for the disposal of surplus land for “exempt surplus land,” except as provided. Existing law defines “exempt surplus land” to include certain types of land, including surplus land that the local agency is exchanging for another property necessary for the agency’s use. This bill would define “exempt surplus land” to include land that is being or will be developed for a health facility, as defined and specified. (Based on 02/16/2024 text)
Status: 02/29/2024 - Referred to Com. on L. GOV.
Open Meetings and Transparency
AB 817 (Pacheco) Open meetings: teleconferencing: subsidiary body. (Amended 01/17/2024) Link
Existing law, the Ralph M. Brown Act, requires, with specified exceptions, each legislative body of a local agency to provide notice of the time and place for its regular meetings and an agenda containing a brief general description of each item of business to be transacted. The act also requires that all meetings of a legislative body be open and public, and that all persons be permitted to attend unless a closed session is authorized. The act generally requires for teleconferencing that the legislative body of a local agency that elects to use teleconferencing post agendas at all teleconference locations, identify each teleconference location in the notice and agenda of the meeting or proceeding, and have each teleconference location be accessible to the public. Existing law also requires that, during the teleconference, at least a quorum of the members of the legislative body participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction. Existing law authorizes the legislative body of a local agency to use alternate teleconferencing provisions during a proclaimed state of emergency (emergency provisions) and, until January 1, 2026, in certain circumstances related to the particular member if at least a quorum of its members participate from a singular physical location that is open to the public and situated within the agency’s jurisdiction and other requirements are met (nonemergency provisions). Existing law imposes different requirements for notice, agenda, and public participation, as prescribed, when a legislative body is using alternate teleconferencing provisions. The nonemergency provisions impose restrictions on remote participation by a member of the legislative body and require the legislative body to specific means by which the public may remotely hear and visually observe the meeting. This bill, until January 1, 2026, would authorize a subsidiary body, as defined, to use similar alternative teleconferencing provisions and would impose requirements for notice, agenda, and public participation, as prescribed. In order to use teleconferencing pursuant to this act, the bill would require the legislative body that established the subsidiary body by charter, ordinance, resolution, or other formal action to make specified findings by
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majority vote, before the subsidiary body uses teleconferencing for the first time and every 12 months thereafter. This bill contains other related provisions and other existing laws. (Based on 01/17/2024 text)
Status: 01/25/2024 - Read third time. Passed. Ordered to the Senate. (Ayes 54. Noes 8.) In Senate. Read first time. To Com. on RLS. for assignment.
Position: Support
Notes: 4/20/23: EN tagged as support and added Carlsbad to support coalition letter and submitted to the portal. 1/2/24: EN submitted coalition letter to Assembly LG and emailed delegation. 1/5/24: EN submitted coalition letter to Assembly LG and emailed delegation. 1/10/24: AS testified in support in Assembly LG. 1/23/24: EN sent Assembly coalition floor alert to all Assembly offices. 1/25/24: EN sent Assembly coalition floor alert to all Assembly offices. 1/25/24: EN emailed coalition support letter to the City.
AB 2095 (Maienschein) Publication: newspapers of general circulation. (Introduced 02/05/2024) 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 bonafide 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 a person or other specified entity that is legally required to publish a notice in a newspaper of general circulation or other newspaper to publish that notice in a manner that ensures it appears in the newspaper’s print publication, on the newspaper’s internet website or electronic newspaper available on the internet, and on a statewide internet website maintained as a repository for notices by a majority of California newspapers of general circulation, as specified. The bill would permit a newspaper that does not maintain its own internet website to satisfy these notice requirements by publishing the notice on a 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 from charging any fee or surcharge specifically to access public notices on their internet website, except as specified. This bill contains other related provisions and other existing laws. (Based on 02/05/2024 text)
Status: 02/20/2024 - Referred to Com. on JUD.
Calendar: 03/19/24 A-JUDICIARY 9 a.m. - State Capitol, Room 437 KALRA, ASH, Chair
AB 2302 (Addis) Open meetings: local agencies: teleconferences. (Introduced 02/12/2024) Link
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Existing law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body, as defined, of a local agency be open and public and that all persons be permitted to attend and participate. The act generally requires for teleconferencing that the legislative body of a local agency that elects to use teleconferencing post agendas at all teleconference locations, identify each teleconference location in the notice and agenda of the meeting or proceeding, and have each teleconference location be accessible to the public. Existing law also requires that, during the teleconference, at least a quorum of the members of the legislative body participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. Existing law, until January 1, 2026, authorizes the legislative body of a local agency to use alternative teleconferencing in specified circumstances if, during the teleconference meeting, at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda that is open to the public and situated within the boundaries of the territory over which the local agency exercises jurisdiction, and the legislative body complies with prescribed requirements. Existing law imposes prescribed restrictions on remote participation by a member under these alternative teleconferencing provisions, including establishing limits on the number of meetings a member may participate in solely by teleconference from a remote location, prohibiting such participation for a period of more than 3 consecutive months or 20% of the regular meetings for the local agency within a calendar year, or more than 2 meetings if the legislative body regularly meets fewer than 10 times per calendar year. This bill would revise those limits, instead prohibiting such participation for more than a specified number of meetings per year, based on how frequently the legislative body regularly meets. The bill, for the purpose of counting meetings attended by teleconference, would define a “meeting” as any number of meetings of the legislative body of a local agency that begin on the same calendar day. This bill contains other related provisions and other existing laws. (Based on 02/12/2024 text)
Status: 02/26/2024 - Referred to Com. on L. GOV.
AB 2715 (Boerner) Ralph M. Brown Act: closed sessions. (Introduced 02/14/2024) 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 on, among other things, matters posing a threat to the security of essential public services, as specified. This bill would additionally authorize a closed session to consider or evaluate matters related to cybersecurity, as specified, provided that any action taken on those matters is done in open session. This bill contains other related provisions and other existing laws. (Based on 02/14/2024 text)
Status: 03/04/2024 - Referred to Com. on L. GOV.
Position: Sponsor
Notes: 2/14/24: EN tagged as sponsor. 2/26/24: SG sent a draft sponsor letter to the City for review.
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SB 537 (Becker) Open meetings: multijurisdictional, cross-county agencies: teleconferences. (Amended 09/05/2023) Link
Existing law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body, as defined, of a local agency be open and public and that all persons be permitted to attend and participate. The act generally requires for teleconferencing that the legislative body of a local agency that elects to use teleconferencing post agendas at all teleconference locations, identify each teleconference location in the notice and agenda of the meeting or proceeding, and have each teleconference location be accessible to the public. Existing law also requires that, during the teleconference, at least a quorum of the members of the legislative body participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. Existing law, until January 1, 2026, authorizes the legislative body of a local agency to use alternative teleconferencing in certain circumstances related to the particular member if at least a quorum of its members participate from a singular physical location that is open to the public and situated within the agency’s jurisdiction and other requirements are met, including restrictions on remote participation by a member of the legislative body. These circumstances include if a member shows “just cause,” including for a childcare or caregiving need of a relative that requires the member to participate remotely. This bill would expand the circumstances of “just cause” to apply to the situation in which an immunocompromised child, parent, grandparent, or other specified relative requires the member to participate remotely. The bill would authorize the legislative body of a multijurisdictional, cross-county agency, as specified, to use alternate teleconferencing provisions if the eligible legislative body has adopted an authorizing resolution, as specified. The bill would also require the legislative body to provide a record of attendance of the members of the legislative body, the number of community members in attendance in the teleconference meeting, and the number of public comments on its internet website within 10 days after a teleconference meeting, as specified. The bill would require at least a quorum of members of the legislative body to participate from one or more physical locations that are open to the public and within the boundaries of the territory over which the local agency exercises jurisdiction. The bill would require a member who receives compensation for their service, as specified, on the legislative body to participate from a physical location that is open to the public. The bill would require the legislative body to identify in the agenda each member who plans to participate remotely and to include the address of the publicly accessible building from which each member will participate via teleconference. The bill would prohibit a member from participating remotely pursuant to these provisions unless the remote location is the member’s office or another location in a publicly accessible building and is more than 40 miles from the in-person location of the meeting. The bill would repeal these alternative teleconferencing provisions on January 1, 2026. This bill contains other related provisions and other existing laws. (Based on 09/05/2023 text)
Status: 09/14/2023 - Ordered to inactive file on request of Assembly Member Bryan.
Notes: 9/12/23: EN tagged as pending support, City requested a request for signature letter. 9/14/23: Bill ordered to inactive file. EN removed position.
Public Safety and EMS
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AB 667 (Maienschein) Firearms: gun violence restraining orders. (Amended 01/03/2024) Link
Existing law allows a court to issue a gun violence restraining order prohibiting and enjoining a named person from having custody or control of any firearms or ammunition if the person poses a significant danger of causing personal injury to themselves or another by having custody or control of a firearm or ammunition. Existing law authorizes a court to issue a gun violence restraining order to prohibit a person from purchasing or possessing a firearm or ammunition for a period of one to 5 years, subject to renewal for additional one- to 5-year periods, if the subject of the petition poses a significant danger of self-harm or harm to another in the near future by having a firearm and the order is necessary to prevent personal injury to the subject of the petition or another. Existing law makes it a crime to own or possess a firearm in violation of a gun violence restraining order. If the court finds evidence of an extreme risk of violence, including repeated and egregious instances of specified facts, and those facts existed 12 months prior to a petition being filed, this bill would require a court to issue a gun violence restraining order for 5 years. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. This bill contains other existing laws. (Based on 01/03/2024 text)
Status: 01/25/2024 - Read third time. Passed. Ordered to the Senate. (Ayes 61. Noes 1.) In Senate. Read first time. To Com. on RLS. for assignment.
AB 1772 (Ramos) Theft. (Amended 02/01/2024) Link
Existing law, the Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, defines and prohibits an act of shoplifting and prohibits prosecution for an act of shoplifting under any other law. Existing law defines shoplifting as entering a commercial establishment with intent to commit larceny while the establishment is open during regular business hours. This bill would revise the definition of shoplifting to require an intent to steal retail property or merchandise. This bill contains other related provisions and other existing laws. (Based on 02/01/2024 text)
Status: 02/05/2024 - Re-referred to Com. on PUB. S.
AB 1775 (Haney) Cannabis: retail preparation, sale, and consumption of noncannabis food and beverage products. (Introduced 01/03/2024) Link
The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, 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. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. MAUCRSA establishes the Department of Cannabis Control (department) within the Business, Consumer Services, and Housing Agency to administer the act, and requires the department to be under the supervision and control of a director. Existing law provides that a local jurisdiction may allow for the smoking, vaporizing, and ingesting of cannabis or cannabis products on the
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premises of a retailer or microbusiness licensed under this division if certain conditions are met. Existing administrative law specifies that a licensed retailer or licensed microbusiness authorized for retail sales who operates a consumption area on the licensed premises in accordance with this provision may also sell prepackaged, noncannabis-infused, nonalcoholic food and beverages if the applicable local jurisdiction allows. This bill would authorize a local jurisdiction, if specified conditions are met, to allow for the preparation or sale of noncannabis food or beverage products, as specified, by a licensed retailer or microbusiness in the area where the consumption of cannabis is allowed, to allow for the sale of prepackaged, noncannabis-infused, nonalcoholic food and beverages by a licensed retailer, and to allow, and to sell tickets for, live musical or other performances on the premises of a licensed retailer or microbusiness in the area where the consumption of cannabis is allowed. The bill would additionally specify that these provisions do not authorize a licensed retailer or microbusiness to prepare or sell industrial hemp or products containing industrial hemp, as provided. (Based on 01/03/2024 text)
Status: 01/16/2024 - Referred to Coms. on B. & P. and G.O.
AB 1779 (Irwin) Theft: jurisdiction. (Introduced 01/03/2024) Link
Existing law defines types of theft, including petty theft, grand theft, and shoplifting. Existing law also defines the crimes of robbery and burglary. Existing law sets forth specific rules relating to the jurisdiction for the prosecution of theft by fraud, organized retail theft, and receiving stolen property, including that the jurisdiction for prosecution includes the county where an offense involving the theft or receipt of the stolen merchandise occurred, the county in which the merchandise was recovered, or the county where any act was done by the defendant in instigating, procuring, promoting, or aiding or abetting in the commission of a theft offense or other qualifying offense. Existing law jurisdictionally limits prosecution of each of the above to criminal actions brought by the Attorney General. This bill would no longer limit the jurisdictional rules for the above crimes to criminal actions brought by the Attorney General. (Based on 01/03/2024 text)
Status: 01/16/2024 - Referred to Com. on PUB. S.
AB 1794 (McCarty) Crimes. (Introduced 01/04/2024) Link
Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, makes the theft of money, labor, or property petty theft punishable as a misdemeanor, whenever the value of the property taken does not exceed $950. Under existing law, if the value of the property taken exceeds $950, the theft is grand theft, punishable as a misdemeanor or a felony. Proposition 47 requires shoplifting, defined as entering a commercial establishment with the intent to commit larceny if the value of the property taken does not exceed $950, to be punished as a misdemeanor. This bill would state the intent of the Legislature to enact legislation relating to theft. (Based on 01/04/2024 text)
Status: 01/05/2024 - From printer. May be heard in committee February 4.
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Notes: Note: This bill is part of the Assembly’s Public Safety Retail Theft Package and an intent bill.
AB 1802 (Jones-Sawyer) Crimes: organized theft. (Introduced 01/08/2024) Link
Existing law, until January 1, 2026, makes a person guilty of organized retail theft, punishable as a misdemeanor or a felony, as specified, if the person acts in concert with one or more persons to steal merchandise from one or more merchant’s premises or online marketplaces with the intent to sell or return the merchandise for value, acts in concert with 2 or more persons to receive, purchase, or possess merchandise knowing or believing it to have been stolen, acts as an agent of another to steal merchandise from one or more merchant’s premises or online marketplaces as part of an organized plan to commit theft, or recruits, coordinates, organizes, supervises, directs, manages, or finances another to undertake acts of theft. This bill would extend the operation of the crime of organized retail theft until January 1, 2031. By extending the operation of an existing crime, this bill would create a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 01/08/2024 text)
Status: 01/22/2024 - Referred to Com. on PUB. S.
Position: Pending Support
Notes: 2/22/24: EN tagged as pending support. 2/26/24: SG sent a draft support letter to the City for review.
AB 1843 (Rodriguez) Emergency Ambulance Employee Safety and Preparedness Act. (Introduced 01/16/2024) Link
Under the Emergency Ambulance Employee Safety and Preparedness Act, an initiative measure enacted by the voters as Proposition 11 at the November 6, 2018, statewide general election, every emergency ambulance employee is entitled to employer-paid mental health services through an employee assistance program (EAP), and requires the EAP coverage to provide up to 10 mental health treatments per issue per calendar year. The act defines “issue” for purposes of those provisions to mean mental health conditions such as, among other things, stress, depression, or substance abuse. This bill would instead require the EAP program to provide up to 20 mental health treatments per issue per calendar year, and would include post-traumatic stress disorder in the definition of “issue” for purposes of those provisions. This bill contains other related provisions and other existing laws. (Based on 01/16/2024 text)
Status: 01/29/2024 - Referred to Com. on L. & E.
Calendar: 03/13/24 A-LABOR AND EMPLOYMENT 1:30 p.m. - State Capitol, Room 447 ORTEGA, LIZ, Chair
AB 1990 (Carrillo, Wendy) Criminal procedure: arrests: shoplifting. (Introduced 01/30/2024) Link
Existing law prohibits shoplifting, defined as entering a commercial establishment with intent to commit theft while that establishment is open during regular business hours, where the value
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of the property that is taken or intended to be taken does not exceed $950. Existing law requires an act that falls within this definition to be charged as shoplifting and not as burglary or theft. Under existing law, shoplifting is punishable as a misdemeanor, except when the defendant has prior convictions, as specified. This bill would authorize a peace officer to make a warrantless arrest for a misdemeanor shoplifting offense not committed in the officer’s presence if the officer has probable cause to believe that person has committed shoplifting. This bill contains other related provisions and other existing laws. (Based on 01/30/2024 text)
Status: 02/12/2024 - Referred to Com. on PUB. S.
AB 2021 (Bauer-Kahan) Crimes: selling or furnishing tobacco or related products and paraphernalia to underage persons. (Introduced 01/31/2024) 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 increase these fines to $1,000 for the first offense, $5,000 for the 2nd offense, and $10,000 for the 3rd offense. (Based on 01/31/2024 text)
Status: 02/12/2024 - Referred to Com. on PUB. S.
Calendar: 03/12/24 A-PUBLIC SAFETY 9 a.m. - State Capitol, Room 126 MCCARTY, KEVIN, Chair
AB 2042 (Jackson) Police canines: standards and training. (Introduced 02/01/2024) Link
Existing law requires all law enforcement agencies to maintain a use of force policy, as specified, and requires the Commission on Peace Officer Standards and Training to implement courses of instruction for the training of law enforcement officers in the use of force. This bill would require the commission, on or before January 1, 2026, to develop standards and training guidelines, as specified, for the use of canines by law enforcement. The bill would require each law enforcement agency in California, on or before January 1, 2027, to adopt a policy for the use of canines that, at a minimum, complies with the standards developed by the commission, and to require regular and periodic training for all canines and canine handlers that covers, at a minimum, the training guidelines developed by the commission. Because the bill would impose additional requirements on local law enforcement agencies, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 02/01/2024 text)
Status: 02/02/2024 - From printer. May be heard in committee March 3.
AB 2081 (Davies) Substance abuse: recovery and treatment programs. (Introduced 02/05/2024) 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,
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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 a disclosure on its internet website if a legal, disciplinary, or other enforcement action has been brought by the department and the facility or program was determined to be in violation. The bill would require the internet website disclosure to include the date and nature of the violation. The bill would impose a $2,500 civil penalty for failure to comply with the internet website posting requirement. (Based on 02/05/2024 text)
Status: 02/20/2024 - Referred to Coms. on HEALTH and JUD.
Calendar: 04/02/24 A-HEALTH 1:30 p.m. - 1021 O Street, Room 1100 BONTA, MIA, Chair
Notes: CalCities sponsored
AB 2438 (Petrie-Norris) Property crimes: enhancements. (Introduced 02/13/2024) Link
Existing law makes a person guilty of organized retail theft if, among other things, the person acts in concert with one or more persons to steal merchandise from one or more merchant’s premises or online marketplace with the intent to sell, exchange, or return the merchandise for value. Under existing law, these crimes are punishable as either misdemeanors or felonies, as specified. Existing law requires that a court dismiss an enhancement if it is in the furtherance of justice to do so, as specified. This bill would, notwithstanding the limitations on imposing an enhancement, make any person who acts in concert with 2 or more persons to take, attempt to take, damage, or destroy any property in the commission or attempted commission of a felony punishable by an additional and consecutive term of imprisonment of one, 2, or 3 years. By creating a new enhancement, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 02/13/2024 text)
Status: 02/26/2024 - Referred to Com. on PUB. S.
AB 2943 (Zbur) Crimes: shoplifting. (Introduced 02/15/2024) Link
Existing law divides theft into grand theft and petty theft. Existing law punishes petty theft as a misdemeanor while grand theft is punished as either a misdemeanor or a felony. Existing law lists specific types of theft which are grand theft and all other cases of theft as petty theft. Existing law authorizes a person to be charged with grand theft if the property taken exceeds $950 over the course of distinct but related acts. This bill would clarify that those related acts include acts committed against multiple victims or in counties other than the county of the current offense. This bill contains other related provisions and other existing laws. (Based on 02/15/2024 text)
Status: 02/16/2024 - From printer. May be heard in committee March 17.
AB 3241 (Pacheco) Law enforcement: police canines. (Introduced 02/16/2024) Link
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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 to adopt uniform, minimum guidelines regarding the use of canines by law enforcement, including legal standards established by the bill, and to certify courses of training for all law enforcement canine handlers and those law enforcement supervisors directly overseeing canine programs, as specified. The bill would require, on or before July 1, 2025, each law enforcement agency to maintain a policy for the use of canines by the agency that, at a minimum, complies with the guidelines adopted by POST, and would require law enforcement agencies to establish a training regimen that includes a course certified by the commission. Because the bill would impose additional duties on local law enforcement agencies, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 02/16/2024 text)
Status: 02/17/2024 - From printer. May be heard in committee March 18.
SB 53 (Portantino) Firearms: storage. (Amended 01/03/2024) 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 July 1, 2025, prohibit a person from keeping or storing a firearm in a residence owned or controlled by that person unless the firearm is stored in a locked box or safe that is listed on the Department of Justice’s list of approved firearms safety devices and is properly engaged so as to render it inaccessible by any person other than the owner, as specified. The bill would make a first violation of this offense punishable as an infraction, and a second or subsequent violation punishable as a misdemeanor. The bill would exempt firearms that are permanently inoperable from these provisions. The bill would require the Department of Justice to promptly engage in a public awareness and education campaign to inform residents about these standards for storage of firearms. The bill would additionally prohibit a person convicted under these provisions from owning, purchasing, receiving, or possessing a firearm within one year of the conviction, as specified. The bill would make a violation of this provision punishable as a misdemeanor or felony. By creating a new crime, this bill would impose a state-mandated local program. This bill contains other existing laws. (Based on 01/03/2024 text)
Status: 01/29/2024 - Read third time. Passed. (Ayes 27. Noes 9.) Ordered to the Assembly. In Assembly. Read first time. Held at Desk.
SB 905 (Wiener) Unlawful entry of a vehicle. (Introduced 01/04/2024) Link
Existing law defines the crime of burglary to include entering a vehicle when the doors are locked with the intent to commit grand or petit larceny or a felony. Existing law makes the burglary of a vehicle punishable as a misdemeanor or a felony. This bill would make forcibly entering a vehicle, as defined, with the intent to commit a theft therein a crime punishable by imprisonment in a county jail for a period not to exceed one year or imprisonment in a county jail for 16 months, or 2 or 3 years. By creating a new crime, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 01/04/2024 text)
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Status: 02/14/2024 - Referred to Com. on PUB S.
Position: Pending Support
Notes: 2/22/24: EN tagged as pending support. 2/26/24: SG sent a draft support letter to the City for review.
SB 923 (Archuleta) Theft. (Introduced 01/11/2024) Link
Existing law, the Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, defines and prohibits an act of shoplifting and prohibits prosecution for an act of shoplifting under any other law. Existing law defines shoplifting as entering a commercial establishment with intent to commit larceny while the establishment is open during regular business hours. This bill would revise the definition of shoplifting to require an intent to steal retail property or merchandise. This bill contains other related provisions and other existing laws. (Based on 01/11/2024 text)
Status: 03/01/2024 - Set for hearing April 2.
Calendar: 04/02/24 S-PUBLIC SAFETY 8:30 a.m. - 1021 O Street, Room 2200 WAHAB, AISHA, Chair
SB 982 (Wahab) Crimes: organized theft. (Amended 03/05/2024) Link
Existing law, until January 1, 2026, makes a person guilty of organized retail theft, punishable as a misdemeanor or a felony, as specified, if the person acts in concert with one or more persons to steal merchandise from one or more merchant’s premises or online marketplaces with the intent to sell or return the merchandise for value, acts in concert with 2 or more persons to receive, purchase, or possess merchandise knowing or believing it to have been stolen, acts as an agent of another to steal merchandise from one or more merchant’s premises or online marketplaces as part of an organized plan to commit theft, or recruits, coordinates, organizes, supervises, directs, manages, or finances another to undertake acts of theft. This bill would extend the operation of the crime of organized retail theft indefinitely. By extending the operation of an existing crime, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 03/05/2024 text)
Status: 03/05/2024 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB S.
Calendar: 03/12/24 S-PUBLIC SAFETY 9:30 a.m. - 1021 O Street, Room 2200 WAHAB, AISHA, Chair
SB 1011 (Jones) Encampments: penalties. (Introduced 02/05/2024) Link
Under existing law, a person who lodges in a public or private place without permission is guilty of disorderly conduct, a misdemeanor. Existing law also provides that a person who willfully and maliciously obstructs the free movement of any person on any street, sidewalk, or other public place is guilty of a misdemeanor. Under existing law, a nuisance is anything that is
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injurious to health or indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. Existing law also provides that a nuisance is anything that obstructs the free passage or use of any public park, square, street, or highway, among other things. Under existing law, a public nuisance is a nuisance that affects the entire community, neighborhood, or a considerable number of persons. Existing law provides various remedies against a public nuisance, including abatement by any public body or officer authorized by law. This bill would prohibit a person from sitting, lying, sleeping, or storing, using, maintaining, or placing personal property upon a street or sidewalk if a homeless shelter, as defined, is available to the person. The bill would also prohibit sitting, lying, sleeping, or storing, using, maintaining, or placing personal property within 500 feet of a public or private school, open space, or major transit stop, as specified. The bill would specify that a violation of this prohibition is a public nuisance that can be abated and prevented, as specified. The bill would also provide that a violation of the prohibition may be charged as a misdemeanor or an infraction, at the discretion of the prosecutor. The bill would prohibit a person from being found in violation of the bill’s provisions unless provided notice, at least 72 hours before commencement of any enforcement action, as specified. By imposing criminal penalties for a violation of these provisions, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 02/05/2024 text)
Status: 02/23/2024 - Set for hearing April 16.
Position: Pending Support
Calendar: 04/16/24 S-PUBLIC SAFETY 8:30 a.m. - 1021 O Street, Room 2200 WAHAB, AISHA, Chair
Notes: 2/13/23: EN tagged as pending support. 2/26/24: SG sent a draft support letter to the City for review.
SB 1381 (McGuire) Crime: graffiti. (Introduced 02/16/2024) Link
Existing law makes it an infraction, punishable by a fine not to exceed $1,000, to deface real or personal property with graffiti, and a misdemeanor, punishable by imprisonment and a fine not to exceed $3,000, if the person has previously been convicted of specified vandalism offenses on 2 separate occasions. This bill would decrease the above fines to $900 and $2,500, respectively. (Based on 02/16/2024 text)
Status: 02/29/2024 - Referred to Com. on PUB S.
Revenue and Taxation
AB 2274 (Dixon) Taxation: sales and use taxes: exemption: tax holiday. (Amended 03/04/2024) Link
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Existing sales and use tax laws impose taxes on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state, and provides various exemptions from the taxes imposed by those laws. This bill, on and after January 1, 2025, would exempt from those taxes the gross receipts from the sale of, and the storage, use, or other consumption of, any tangible personal property 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 03/04/2024 text)
Status: 03/04/2024 - From committee chair, with author's amendments: Amend, and re-refer to Com. on REV. & TAX. Read second time and amended.
Calendar: 03/11/24 A-REVENUE AND TAXATION 2:30 p.m. - State Capitol, Room 126 IRWIN, JACQUI, Chair
AB 2431 (Mathis) Taxation: Transactions and Use Tax Law: limit increase. (Introduced 02/13/2024) Link
Existing law authorizes cities and counties, subject to certain limitations and approval requirements, to levy a transactions and use tax for general or specific purposes, in accordance with the procedures and requirements set forth in the Transactions and Use Tax Law, including a requirement that the combined rate of all taxes that may be imposed in accordance with that law in the county not exceed 2%. This bill would authorize a city, county, or city and county to impose a transactions and use tax at a rate of no more than an unspecified percentage that, in combination with other transactions and use taxes, would exceed the above-described combined rate limit of 2%, if certain conditions are met, including that the city, county, or city and county has reached the 2% rate limitation. The bill would specify that a transactions and use tax established pursuant to its provisions would not be considered for purposes of the 2% combined rate limitation. (Based on 02/13/2024 text)
Status: 03/04/2024 - Referred to Coms. on L. GOV. and REV. & TAX.
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
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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. (Introduced 02/15/2024) Link
The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law. This bill would make nonsubstantive changes to those provisions. (Based on 02/15/2024 text)
Status: 02/16/2024 - From printer. May be heard in committee March 17.
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: 02/17/2024 - From printer. May be heard in committee March 18.
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
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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. (Introduced 02/12/2024) 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, if a property-related fee or charge creates revenues in excess of the local government’s reasonable cost of providing the specific benefit or specific government service, that the excess revenues be used only to reduce the subsequently adopted and following property-related fee or charge. The bill would declare that this provision is declaratory of existing law. This bill contains other existing laws. (Based on 02/12/2024 text)
Status: 02/21/2024 - Referred to Com. on L. GOV.
SB 1164 (Newman) Property taxation: new construction exclusion: accessory dwelling units. (Introduced 02/14/2024) 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, until 15 years have passed since construction on the accessory dwelling unit was completed or there is a subsequent change in ownership of the accessory dwelling unit. The bill would require the property owner to, prior to or within 30 days of completion of the project, notify the assessor that the property owner intends to claim the exclusion for an accessory dwelling unit and submit an affidavit stating that the owner shall make a good faith effort to ensure the unit will be used as residential housing for the duration the owner receives the exclusion. The bill would require the State Board of Equalization to prescribe the manner and form for claiming the exclusion and would require all additional documents necessary to support the exclusion to be filed by the property owner with the assessor not later than 6 months after the completion of the project. 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
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program. This bill contains other related provisions and other existing laws. (Based on 02/14/2024 text)
Status: 02/21/2024 - Referred to Com. on REV. & TAX.
SB 1436 (Allen) California Department of Tax and Fee Administration Board: Office of Tax Appeals Board. (Introduced 02/16/2024) Link
Existing law establishes the California Department of Tax and Fee Administration (CDTFA) in the Government Operations Agency to administer specified taxes. Existing law establishes in state government the Office of Tax Appeals (OTA) to conduct tax appeals hearings. Existing law requires that the director of the OTA administer and direct the day-to-day operations of the office, including that each hearing office is sufficiently staffed and that appeals hearings are heard and resolved in a timely and efficient manner. Existing law prohibits the director from being involved in the decisionmaking process of tax appeal panels. This bill would establish in the Government Operations Agency the California Department of Tax and Fee Board and the Office of Tax Appeal Board to oversee the policy direction of the CDTA and the OTA, respectively, as specified. The bill would require the boards to consist of the Controller, Director of Finance, and Chairperson of the State Board of Equalization. This bill contains other related provisions. (Based on 02/16/2024 text)
Status: 02/29/2024 - Referred to Coms. on REV. & TAX. and G.O.
SB 1494 (Glazer) Local agencies: Sales and Use Tax: retailers. (Introduced 02/16/2024) Link
The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose a local sales and use tax in accordance with that law for tangible personal property sold at retail in the city or county, or purchased for storage, use, or other consumption in the city or county. That law requires the city or county to contract with the California Department of Tax and Fee Administration for the administration of the taxes and requires the department to transmit those taxes to the city or county. That law provides that for the purpose of a local sales tax adopted pursuant to that law, all retail sales are consummated at the place of business of the retailer unless otherwise specified. Existing law prohibits a local agency, defined to mean all cities and counties, 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 additionally prohibit, on or after January 1, 2024, a local agency from entering into, renewing, or extending 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 retailer, as defined, in exchange for the retailer locating or continuing to maintain a place of business that serves as the place of sale, as defined, within the territorial jurisdiction of the local agency if that place of business would generate revenue, from the sale of tangible property delivered to and received by the purchaser in the territorial jurisdiction of another local agency, for the local agency under the Bradley-Burns Uniform Local Sales and Use Tax Law. The bill would make those forms of agreements existing before January 1, 2024, void and unenforceable on January 1, 2030. The
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bill would require a local agency to post those forms of agreements existing before January 1, 2024, on the local agency’s internet website until the form of agreement expires or is made void and unenforceable by these provisions. The bill would make related findings and declarations. This bill contains other related provisions and other existing laws. (Based on 02/16/2024 text)
Status: 02/29/2024 - Referred to Coms. on L. GOV. and REV. & TAX.
Transportation and Public Works
AB 627 (Jackson) Drayage trucks: voucher incentive project. (Amended 01/22/2024) Link
Existing law establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The state board, in this capacity, administers the California Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project under which the agency issues a limited number of vouchers to incentivize the purchase and use of zero-emission commercial vehicles. The Budget Act of 2023 appropriated funds from the Greenhouse Gas Reduction Fund to the state board for zero-emission drayage trucks to be administered through the project and, in expending those funds, requires the state board, before January 1, 2025, to limit the number and award amount levels under the project based on fleet size. This bill would require the state board to ensure that a voucher provided under the project for the purchase of a new, or the retrofit of a used, drayage truck is provided to an operator in an amount determined pursuant to a sliding scale established by the state board, based on the number of drayage trucks the operator owns. In administering the project, the bill would require the state board to prioritize the award of those vouchers to operators meeting certain criteria. The bill would also require the state board to ensure that these vouchers may be used to purchase a new drayage truck using, or to retrofit a used drayage truck to use, hydrogen fuel cell or battery electric technology as its source of propulsion. (Based on 01/22/2024 text)
Status: 01/29/2024 - Read third time. Passed. Ordered to the Senate. (Ayes 67. Noes 1.) In Senate. Read first time. To Com. on RLS. for assignment.
AB 637 (Jackson) Zero-emission vehicles: fleet owners: rental vehicles. (Amended 09/06/2023) Link
The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. Existing law also generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution. Existing law requires the state board to adopt and implement motor vehicle emission standards, in-use performance standards, and motor vehicle fuel specifications for the control of air contaminants and sources of air pollution the state board has found to be necessary, cost effective, and technologically feasible, to carry out specified purposes, unless preempted by federal law. This bill would, if the state board requires a fleet owner to acquire zero-emission vehicles as part of its fleet, require
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the state board to authorize the rental of a zero-emission vehicle or vehicles for a cumulative total of 260 days in a calendar year to be deemed ownership of one zero-emission vehicle for purposes of meeting that obligation. (Based on 09/06/2023 text)
Status: 01/25/2024 - Read third time. Passed. Ordered to the Senate. (Ayes 70. Noes 0.) In Senate. Read first time. To Com. on RLS. for assignment.
AB 1773 (Dixon) Vehicles: electric bicycles. (Amended 02/22/2024) Link
Existing law prohibits the use of a motorized bicycle on a bicycle path or trail, bikeway, bicycle lane, equestrian trial, or hiking or recreational trail, as specified, unless the governing body of a local public agency, which has jurisdiction over the path or trail, permits the operation. Existing law authorizes a governing body of a local public agency, which has jurisdiction over the path or trail, to prohibit the use of an electric bicycle on an equestrian trial, or hiking or recreational trail. A violation of the Vehicle Code is a crime and a person convicted of an infraction for a violation of either the Vehicle Code or a local ordinance adopted pursuant to the code is subject to a specified fine schedule, except as otherwise provided. This bill would clarify that a recreational trail for these purposes includes a boardwalk, as defined, regardless of whether the facility also provides bicycle access. Notwithstanding specified law, the bill would impose a fine, not to exceed $35, against a person convicted of an infraction for a violation of an ordinance prohibiting or regulating electric bicycles on recreational trails. By expanding the scope of a crime, this bill would impose a state-mandated local program. (Based on 02/22/2024 text)
Status: 02/26/2024 - Re-referred to Com. on TRANS.
AB 1774 (Dixon) Vehicles: electric bicycles. (Introduced 01/03/2024) Link
Existing law defines an electric bicycle as a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts, and requires electric bicycles to comply with specified equipment and manufacturing requirements. Existing law prohibits a person from tampering with or modifying an electric bicycle so as to change the speed capability of the bicycle, unless they appropriately replace the label indicating the classification required, as specified. A violation of the Vehicle Code is a crime. This bill would clarify that the exception to this prohibition only applies if the bicycle continues to meet the definition of an electric bicycle. This bill would prohibit a person from selling a product or device that can modify the speed capability of an electric bicycle such that it no longer meets the definition of an electric bicycle. Because the bill would prohibit a person from selling certain products, the violation of which would be a crime, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 01/03/2024 text)
Status: 01/16/2024 - Referred to Com. on TRANS.
AB 1778 (Connolly) Vehicles: electric bicycles. (Introduced 01/03/2024) Link
Existing law defines an electric bicycle and classifies electric bicycles into 3 classes with different restrictions. 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 that is not capable of providing
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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. Existing law requires a person operating, or riding upon, a class 3 electric bicycle to wear a helmet, as specified. A violation of the Vehicle Code is a crime. This bill would additionally prohibit a person under 16 years of age from operating a class 2 electric bicycle. The bill would require a person operating, or riding upon, a class 2 electric bicycle to wear a helmet, as specified. The bill would clarify that an electric bicycle can only be placed in a certain class if it ceases to provide assistance when the bicycle reaches a max speed regardless of the mode. This bill contains other related provisions and other existing laws. (Based on 01/03/2024 text)
Status: 01/16/2024 - Referred to Com. on TRANS.
AB 2234 (Boerner) Vehicles: electric bicycles. (Introduced 02/08/2024) Link
Existing law requires the Department of the California Highway Patrol to develop, on or before September 1, 2023, statewide safety and training programs based on evidence-based practices for users of electric bicycles, as defined, including, but not limited to, general electric bicycle riding safety, emergency maneuver skills, rules of the road, and laws pertaining to electric bicycles. Existing law requires the safety and training programs to be developed in collaboration with relevant stakeholders and to be posted on the department’s internet website. This bill would require the department, on or before June 30, 2025, to issue a skills waiver containing specific information, in an electronic format, to each person who completes the electric bicycle safety and training programs described above. The bill would state the intent of the Legislature to create a diversion program, comprised of traffic safety training and community service, for a person who is cited for a traffic violation while operating an electric bicycle. This bill contains other related provisions and other existing laws. (Based on 02/08/2024 text)
Status: 02/26/2024 - Referred to Com. on TRANS.
Position: Sponsor
Notes: 2/8/24: EN tagged as sponsor.
AB 2290 (Friedman) Transportation: Class III bikeways: bicycle facilities: Bikeway Quick-Build Project Pilot Program. (Introduced 02/12/2024) Link
Existing law establishes the Active Transportation Program in the Department of Transportation for the purpose of encouraging increased use of active modes of transportation, such as biking and walking, with specified available funds to be allocated to eligible projects by the California Transportation Commission and regional transportation agencies. Existing law requires the commission to develop guidelines and project selection criteria for the program, as provided. Existing law establishes 4 classifications of bikeways and defines a “Class III bikeway” as a bikeway that provides a right-of-way on-street or off-street, designated by signs or permanent markings and shared with pedestrians and motorists. This bill would prohibit the allocation of Active Transportation Program funds for a project that creates a Class III bikeway unless the
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project is on a residential street with a posted speed limit of 20 miles per hour or less. This bill contains other related provisions and other existing laws. (Based on 02/12/2024 text)
Status: 02/26/2024 - Referred to Com. on TRANS.
AB 2744 (McCarty) Vehicles: pedestrian, bicycle, and vehicle safety. (Introduced 02/15/2024) Link
Existing law authorizes the legislative body of a city to do any and all things necessary to lay out, acquire, and construct a section or portion of a street or highway within its jurisdiction as a freeway and to make an existing street or highway a freeway. Existing law authorizes a legislative body of a city, whenever this legislative body determines that it is necessary for the more efficient maintenance, construction, or repair of streets and roads within the city, to contract with the board of supervisors of any county for the rental of the county’s equipment, as specified. This bill would, beginning on January 1, 2025, prohibit the addition of a right-turn or travel lane within 20 feet of a marked or unmarked crosswalk where there is not already a dedicated and marked right-turn or travel lane, and would prohibit vehicles from using this 20-foot area for right turns unless the area is already marked as a dedicated right-turn lane before January 1, 2025. This bill contains other related provisions and other existing laws. (Based on 02/15/2024 text)
Status: 03/04/2024 - Referred to Com. on TRANS.
SB 768 (Caballero) California Environmental Quality Act: State Air Resources Board: vehicle miles traveled: study. (Amended 01/11/2024) Link
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. Existing law requires the Office of Planning and Research to prepare, develop, and transmit to the Secretary of the Natural Resources Agency for certification and adoption proposed revisions to guidelines establishing criteria for determining the significance of transportation impacts of projects within transit priority areas to promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses. Existing law creates the State Air Resources Board as the state agency charged with coordinating efforts to attain and maintain ambient air quality standards, to conduct research into the causes of and solution to air pollution, and to systematically attack the serious problem caused by motor vehicles, which is the major source of air pollution in many areas of the state. Existing law authorizes the state board to do those acts as may be necessary for the proper execution of the powers and duties granted to, and imposed upon, the state board. This bill would require the state board, by January 1, 2026, to conduct and submit to the Legislature a study on how vehicle miles traveled is used as a metric for measuring transportation impacts pursuant to CEQA, as specified. This bill contains other existing laws. (Based on 01/11/2024 text)
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Status: 01/29/2024 - Read third time. Passed. (Ayes 34. Noes 4.) Ordered to the Assembly. In Assembly. Read first time. Held at Desk.
SB 915 (Cortese) Local government: autonomous vehicles. (Introduced 01/09/2024) Link
Existing law authorizes an autonomous vehicle, as defined, to be operated on public roads for testing purposes by a driver who possesses the proper class of license for the type of vehicle being operated if certain requirements are met, including that the vehicle is being operated solely by employees, contractors, or other persons designated by the manufacturer. Existing law prohibits an autonomous vehicle from being operated on public roads until the manufacturer submits an application to the Department of Motor Vehicles containing certain certifications regarding safety and other technological requirements and the department approves that application pursuant to adopted regulations. Existing law, commencing January 1, 2030, and to the extent authorized by federal law, prohibits the operation of certain new autonomous vehicles that are not zero-emission vehicles, as defined. This bill would prohibit an autonomous vehicle service, which has received approval to conduct commercial passenger service or engage in commercial activity using driverless vehicles by the Department of Motor Vehicles, the Public Utilities Commission, or another state agency, from commencing operation within a local jurisdiction until authorized by a local ordinance enacted pursuant to the bill’s provisions. The bill would authorize each city, county, or city and county in which an autonomous vehicle has received authorization to operate, to protect the public health, safety, and welfare by adopting an ordinance or resolution in regard to autonomous vehicle services within that jurisdiction. The bill would require each city, county, or city and county that adopts an ordinance or resolution to include certain provisions within that ordinance or resolution. These would include a policy for entry into the business of providing autonomous vehicle services including a permitting program, the establishment of reasonable vehicle caps and hours of service restrictions, and the establishment of an interoperability or override system accessible by first responders in case of an emergency. This bill contains other related provisions and other existing laws. (Based on 01/09/2024 text)
Status: 02/21/2024 - Referred to Coms. on L. GOV. and TRANS.
Notes: Cal Cities Sponsored
SB 955 (Seyarto) Office of Planning and Research: Infrastructure Gap-Fund Program. (Introduced 01/22/2024) Link
Existing law establishes the Office of Planning and Research in the Governor’s office for the purpose of serving the Governor and the Governor’s cabinet as staff for long-range planning and research and constituting the comprehensive state planning agency. Existing law authorizes a local agency to finance infrastructure projects through various means, including by establishing an enhanced infrastructure financing district to finance public capital facilities or other specified projects of communitywide significance that provide significant benefits to the district or the surrounding community. This bill would require the office, upon appropriation by the Legislature, to establish the Infrastructure Gap-Fund Program to provide grants to assist local agencies in developing and constructing infrastructure projects. The bill would require the office to develop guidelines and criteria to implement the program. (Based on 01/22/2024 text)
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Status: 02/21/2024 - Referred to Com. on L. GOV.
Calendar: 03/20/24 S-LOCAL GOVERNMENT 9:30 a.m. - 1021 O Street, Room 2200 DURAZO, MARIA ELENA, Chair
SB 1098 (Blakespear) Passenger and freight rail: LOSSAN Rail Corridor. (Introduced 02/13/2024) Link
Existing law establishes the Department of Transportation in the Transportation Agency under the control of an executive officer known as the Director of Transportation. Existing law authorizes the Department of Transportation, subject to approval of the Secretary of Transportation, to enter into an interagency transfer agreement under which a joint powers board assumes responsibility for administering the state-funded intercity rail service in certain rail corridors, including the LOSSAN Rail Corridor. Existing law defines the LOSSAN Rail Corridor as the intercity passenger rail corridor between San Diego, Los Angeles, and San Luis Obispo. Pursuant to this authority, the department entered into an interagency transfer agreement with the LOSSAN Rail Corridor Agency to administer intercity passenger rail service in the LOSSAN Rail Corridor. This bill would require the Secretary of Transportation to provide strategic guidance, recommendations, and facilitate all necessary coordination, collaboration, and intervention when necessary between stakeholders, to ensure the performance of the LOSSAN Rail Corridor, as specified. This bill would also require the Secretary of Transportation, in consultation with the Director of Transportation, to submit a report to the Legislature on or before January 1, 2026, regarding the LOSSAN Rail Corridor that includes specified information, including certain recommendations made by the department and the California Transportation Commission, in consultation with the Secretary for Environmental Protection. The bill would also require the Secretary of Transportation to submit a report to the Legislature on or before January 1, 2027, and biennially thereafter, on the management of the LOSSAN Rail Corridor, as provided. This bill contains other related provisions and other existing laws. (Based on 02/13/2024 text)
Status: 02/21/2024 - Referred to Com. on TRANS.
Calendar: 04/09/24 S-TRANSPORTATION 1:30 p.m. - 1021 O Street, Room 1200 CORTESE, DAVE, Chair
SB 1216 (Blakespear) Transportation projects: Class III bikeways: prohibition. (Introduced 02/15/2024) Link
Existing law establishes 4 classifications of bikeways and defines a “Class III bikeway” as a bikeway that provide a right-of-way on-street or off-street, designated by signs or permanent markings and shared with pedestrians and motorists. This bill would prohibit, on and after January 1, 2025, an agency responsible for the development or operation of bikeways or highways where bicycle travel is permitted from installing a Class III bikeway or restriping a Class III bikeway on a highway that has a posted speed limit greater than 30 miles per hour. This bill contains other related provisions and other existing laws. (Based on 02/15/2024 text)
Status: 02/29/2024 - Referred to Com. on TRANS.
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SB 1383 (Bradford) California Advanced Services Fund: Broadband Public Housing Account. (Introduced 02/16/2024) 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 for grants and loans to finance projects to connect broadband networks that offer broadband service for residents of low-income communities and would eliminate the requirement that the broadband service be free. 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. (Based on 02/16/2024 text)
Status: 02/29/2024 - Referred to Com. on E., U. & C.
Notes: CalCities sponsored
SB 1393 (Niello) Advanced Clean Fleets Regulation Appeals Advisory Committee. (Introduced 02/16/2024) Link
Existing law requires the State Air Resources 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 that the state board has found necessary, cost effective, and technologically feasible. The California Global Warming Solutions Act of 2006 establishes the state board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases and requires the state board to adopt rules and regulations to achieve the maximum technologically feasible and cost-effective greenhouse gas emission reductions from those sources. Pursuant to its authority, the state board has adopted the Advanced Clean Fleets Regulation, which imposes various requirements for transitioning local, state, and federal government fleets of medium- and heavy-duty trucks, other high-priority fleets of medium- and heavy-duty trucks, and drayage trucks to zero-emission vehicles. The Advanced Clean Fleets Regulation authorizes entities subject to the regulation to apply for exemptions from its requirements under certain circumstances. This bill would require the state board to establish the Advanced Clean Fleets Regulation Appeals Advisory Committee by an unspecified date for purposes of reviewing appeals of denied requests for exemptions from the requirements of the Advanced Clean Fleets Regulation. The bill would require the committee to include representatives of specified state agencies, other state and local government representatives, and representatives of private fleet owners, the electric vehicle manufacturing industry, and electrical corporations, as provided. The bill would require the committee to meet monthly and would require recordings of its meetings to be made publicly available on the state board’s internet website. The bill would require the committee to consider, and make a recommendation on, an appeal of an exemption request denial no later than 60 days after the appeal is made. The bill would require specified information relating to the committee’s consideration of an appeal to be made publicly available on the state board’s internet website. The bill would require the state board to consider a recommendation of the committee at a public meeting no later than 60 days after the recommendation is made. This bill contains other existing laws. (Based on 02/16/2024 text)
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Status: 02/29/2024 - Referred to Coms. on E.Q. and TRANS.
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: 06/14/2023 - Referred to Coms. on N.R. & W. and GOV. & F.
AB 805 (Arambula) Sewer service: disadvantaged communities. (Amended 01/22/2024) 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 to require a sewer service provider to contract with an administrator designated or approved by the state board for administrative, technical, operational, legal, or managerial services to assist a designated sewer system with the provision of adequate sewer service, as defined. The bill would also authorize the state board to order a designated sewer system to accept those services, including full management and control of all aspects of the designated sewer system, from an administrator. The bill would define “designated sewer system” for these purposes as a sewer system that serves a disadvantaged community and that the state board finds to be either an inadequate sewage treatment system or a sewer system that has demonstrated difficulty in maintaining technical, managerial, and financial capacity to prevent fraud and mismanagement, or a sewer system that voluntarily accepts financial assistance for the provision of adequate sewer service. The bill would require the state board to take specified actions before determining that a sewer service provider is a designated sewer system, including providing the sewer service provider an opportunity to show that it has taken steps to timely address its failure to provide adequate sewer service, conducting a public meeting, and providing an opportunity for public comment. The bill would authorize the state board to grant specified authority over the designated sewer
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system to the administrator, including the authority to expend money for various purposes and to set and collect sewer rates and fees, subject to approval by the state board. The bill would require the state board to work with the administrator and the communities served by the designated sewer system to develop, within the shortest practicable time, adequate technical, managerial, and financial capacity to deliver adequate sewer service so that the services of the administrator are no longer necessary. (Based on 01/22/2024 text)
Status: 01/30/2024 - Read third time. Urgency clause adopted. Passed. Ordered to the Senate. (Ayes 76. Noes 0.). In Senate. Read first time. To Com. on RLS. for assignment.
AB 3073 (Haney) Wastewater testing: illicit substances. (Introduced 02/16/2024) Link
Existing law requires the State Water Resources Control Board to classify types of wastewater treatment plants, as defined, for the purpose of determining the levels of competence necessary to operate them. Existing law requires a person who operates a nonexempt wastewater treatment plant to possess a valid, unexpired wastewater certificate of the appropriate grade. This bill would require the state board to create a program to test for illicit substances, including, but not limited to, cocaine, fentanyl, methamphetamine, and morphine, in wastewater, as provided. The bill would require local sanitation agencies to collect wastewater sample for testing by the state board. By imposing additional duties on local agencies, this bill would impose a state-mandated local program. The bill would require the state board to transmit the results of its wastewater testing to the State Department of Public Health for the department to post on its internet website. 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.
AB 3121 (Hart) Urban retail water suppliers: written notice: conservation order: dates. (Introduced 02/16/2024) Link
Existing law authorizes the State Water Resources Control Board, on and after January 1, 2025, to issue a written notice to an urban retail water supplier that does not meet its urban water use objective. Existing law authorizes the board, on and after January 1, 2026, to issue a conservation order to an urban retail water supplier that does not meet its urban water use objective. This bill would instead provide that the date the board is authorized to issue a written notice to January 1, 2026 and a conservation order to January 1, 2027. (Based on 02/16/2024 text)
Status: 02/17/2024 - From printer. May be heard in committee March 18.
ACA 2 (Alanis) Public resources: Water and Wildfire Resiliency Act of 2023. (Introduced 12/05/2022) Link
Existing provisions of the California Constitution require the specified use of General Fund revenues, as described. This measure would establish the Water and Wildfire Resiliency Fund within the State Treasury, and would require the Treasurer to annually transfer an amount equal to 3% of all state revenues that may be appropriated as described from the General Fund to the Water and Wildfire Resiliency Fund. The measure would require the moneys in the fund
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to be appropriated by the Legislature and would require that 50% of the moneys in the fund be used for water projects, as specified, and that the other 50% of the moneys in the fund be used for forest maintenance and health projects, as specified. (Based on 12/05/2022 text)
Status: 04/20/2023 - Referred to Coms. on W., P., & W. and NAT. RES.
Calendar: 03/19/24 A-WATER, PARKS AND WILDLIFE 9 a.m. - State Capitol, Room 444 PAPAN, DIANE, Chair
SB 1110 (Ashby) Urban retail water suppliers: informational order: conservation order. (Introduced 02/13/2024) Link
Existing law authorizes the State Water Resources Control Board, on and after January 1, 2024, to issue informational orders pertaining to water production, water use, and water conservation to an urban retail water supplier that does not meet its urban water use objective. Existing law requires the board to consider certain information in determining whether to issue an informational order.This bill would require the board to additionally consider lower cost actions the water supplier has implemented or will implement in order to help the water supplier achieve overall water supply resiliency in determining whether to issue an informational order. This bill contains other related provisions and other existing laws. (Based on 02/13/2024 text)
Status: 02/21/2024 - Referred to Com. on N.R. & W.
SB 1178 (Padilla) Tijuana River. (Introduced 02/14/2024) Link
Under existing law, the State Water Resources Control Board and the 9 California regional water quality control boards regulate water quality and prescribe waste discharge requirements in accordance with the federal national pollutant discharge elimination system permit program established by the federal Clean Water Act and the Porter-Cologne Water Quality Control Act. This bill would state the intent of the Legislature to enact legislation relating to pollution in the Tijuana River. (Based on 02/14/2024 text)
Status: 02/21/2024 - Referred to Com. on RLS.
SB 1255 (Durazo) Public water systems: needs analysis. (Introduced 02/15/2024) Link
The California Safe Drinking Water Act provides for the operation of public water systems and imposes on the State Water Resources Control Board various responsibilities and duties relating to the regulation of drinking water to protect public health. Existing law establishes the Safe and Affordable Drinking Water Fund in the State Treasury to help water systems provide an adequate and affordable supply of safe drinking water in both the near and long terms. Existing law requires the state board to annually adopt a fund expenditure plan, as provided, and requires expenditures from the fund to be consistent with the fund expenditure plan. Existing law requires the state board to base the fund expenditure plan on data and analysis drawn from a specified drinking water needs assessment. This bill would require the state board to develop a needs analysis of the state’s public water systems on or before May 1, 2025, and on or before May 1 of each year thereafter. (Based on 02/15/2024 text)
March 12, 2024 Item #2 Page 81 of 83
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Status: 02/29/2024 - Referred to Com. on E.Q.
SB 1330 (Archuleta) Urban retail water supplier: water use. (Introduced 02/16/2024) Link
Existing law requires the Department of Water Resources, in coordination with the State Water Resources Control Board, to conduct necessary studies and investigations, and recommend for adoption by the board appropriate variances for unique uses that can have a material effect on an urban retail water supplier’s urban water use objective. Existing law requires the department, in recommending variances, to also recommend a threshold of significance for each recommended variance. Existing law requires an urban retail water supplier to request and receive approval by the board for inclusion of a variance in calculating their water use objective. Existing law requires the board to post specified information on its internet website relating to variances, including a list of all urban retail water suppliers with approved variances. This bill would require the board to adopt variances recommended by the department for unique uses that can have a material effect on an urban retail water supplier’s urban water use objective. The bill would provide that variances adopted by the board shall not be subject to a threshold of significance. The bill would require an urban retail water supplier to self-certify the amount of water included in its urban water use objective that is attributable to a variance. The bill would require the board to randomly audit a select number of variances each year to ensure the self-certifications are based on variances adopted by the board. The bill would delete the provision relating to posting specified information about variances on the board’s internet website and the provision requiring an urban retail water supplier to request and receive approval by the board for inclusion of a variance in calculating their water use objective. This bill contains other related provisions and other existing laws. (Based on 02/16/2024 text)
Status: 02/29/2024 - Referred to Com. on N.R. & W.
SB 1390 (Caballero) Groundwater recharge: floodflows: diversion. (Introduced 02/16/2024) 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 flood flows for groundwater recharge does not require an appropriative water right if certain conditions are met, including that a local or regional agency has adopted a local plan of flood control or has considered flood risks part of its most recently adopted general plan. Existing law also requires the person or entity making the diversion to file with the State Water Resources Control Board a final report after the diversions cease, as provided. These requirements apply to diversions commenced before January 1, 2029. This bill would extend the operation of these requirements to diversions commenced before January 1, 2034. The bill would revise, recast, and expand the conditions that are required to be met to include a requirement that a local or regional agency make a declaration that its proposed diversion is in accordance with one of certain enumerated plans relating to flood control or flood risk, as specified, or a county emergency operations plan. The bill would also require the final report to contain information, if applicable, describing the forecasting models used to determine a likely imminent escape of surface water and a description of the methodology used to determine the abatement of flood conditions. (Based on 02/16/2024 text)
March 12, 2024 Item #2 Page 82 of 83
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Status: 02/29/2024 - Referred to Com. on N.R. & W.
March 12, 2024 Item #2 Page 83 of 83