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HomeMy WebLinkAbout2024-04-09; City Council Legislative Subcommittee; ; Legislative and Advocacy UpdateMeeting Date: April 9, 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 April 9, 2024 Item #2 Page 1 of 105 Exhibit 1 1 April 1, 2024 City of Carlsbad Federal Update www.carpiclay.com Congress Completes FY 2024 Appropriations This month, at nearly the halfway mark of the new fiscal year, Congress finally finished their work on the Fiscal Year (FY) 2024 appropriations bills and passed two minibus packages. The first package (H.R. 4366), comprising of six bills and totaling around $459 billion in discretionary spending, was signed into law on March 9th. Two weeks later, the second package (H.R. 2882), encompassing the remaining six bills and totaling approximately $1.2 trillion in discretionary spending, was signed into law on March 23rd. The FY24 appropriations bills also contained funding for community project requests, included the following project for the City:  $850,000 for Traffic Safety Improvements (Rep. Levin and Sen. Padilla) With all 12 spending bills now enacted, the federal government's funding is secured through the FY 2024 which ends on September 30, 2024. Congress has now shifted its focus to the funding for FY25, with Members currently accepting requests for programmatic and community project funding. President Biden Submits FY 2025 Budget to Congress Following the State of the Union Address, President Biden submitted his FY 2025 Budget Proposal to Congress for consideration. The budget includes funding priorities for the Biden administration for Congress to consider when drafting FY 2025 appropriations bills. The budget details $7.2 trillion in spending for FY 2025 and protects a deficit reduction of two percentage points by FY 2034. A list of fact sheets on programs included in the budget can be found HERE. FHWA Publishes Manufactured Products NPRM The Federal Highway Administration (FHWA) is proposing to discontinue its general waiver of Buy America requirements for manufactured products and in doing so, require FHWA recipients to start applying Buy America requirements to manufactured products. FHWA is also proposing standards for applying Buy America to manufactured products if the agency discontinues the waiver. Comments are due by May 6th. April 9, 2024 Item #2 Page 2 of 105 2 www.carpiclay.com Reclamation Releases Final SEIS for Near-Term Colorado River Operations The Bureau of Reclamation has released the Final Supplemental Environmental Impact Statement (SEIS) for Near-Term Colorado River Operations. The preferred alternative will allow the conservation of 3 million acre-feet through the end of 2026, which is when the current guidelines expire. Reclamation is developing a long-term solution to develop new guidelines to replace the 2007 Colorado River Interim Guidelines for post-2026 operations. Reclamation expects to release a draft long-term EIS by the end of 2024, and the final EIS is expected by late 2025. House Appropriations Chair Steps Down House Appropriations Committee Chair Kay Granger (R-TX) announced her intent to step down as Chair of the House Appropriations Committee and is urging the House Republican Leadership to immediately appoint a new Committee Chair. Granger, who has confirmed she won't seek re-election, plans to fulfill her current term in Congress, but anticipates the fiscal 2025 government funding package to materialize "well into the next fiscal year." As a result, she has requested for her replacement to begin before the end of the current Congress. Two seasoned members of the Appropriations Committee, Representatives Tom Cole (R-OK) and Robert Aderholt (R-AL), have signaled their interest in the position. Additional Members Announce Resignations and Retirements In March, additional Members of Congress announced their resignation or plans to retire. Representative Ken Buck (R-CO) resigned from the House on March 22nd, and a special election to fill the remainder of his term is scheduled for June 25th. Representative Mike Gallagher (R-WI) announced his intent to resign effective April 19th. In the race to replace former Representative and Speaker of the House Kevin McCarthy (R-CA), two Republicans, Vince Fong and Mike Boudreaux, advanced to a runoff scheduled for May 21st. On the Senate side, Senator Kyrsten Sinema (I-AZ) announced her intent to retire at the end of the 118th Congress. Legislative Activity FAA Authorization Extended Through May 10th. On March 8th, President Biden signed the Airport and Airway Extension Act of 2024 (H.R. 7454), extending authorizations for the Federal Aviation Administration (FAA) through May 10th. The bill extends Unmanned Aircraft Systems (UAS) pilot programs, weather reporting programs, the Remote Tower Pilot Program, and the Essential Air Service Program. The law also extends authorization for the Airport Improvement Program, the Airport and Airway Trust Fund, and a partnership with the Departments of Homeland Security and Justice to mitigate credible threats from UAS. Legislators in the House and Senate continue to reconcile differing long-term FAA reauthorization bills, which necessitated the stop-gap extension until May 10th. April 9, 2024 Item #2 Page 3 of 105 3 www.carpiclay.com President Biden Signs Disaster Assistance Deadlines Bill. On March 18th, President Biden signed the Disaster Assistance Deadlines Alignment Act (S. 1858) into law. The law updates the deadline for applying for disaster unemployment insurance, aligning it with the application deadline for other assistance programs under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (P.L. 100-707). The law aims to minimize confusion among disaster survivors by setting deadlines for both the Individual and Households Program and the Disaster Unemployment Assistance program to at least 60 days following a federal disaster declaration. EDA Reauthorization Bill Introduced. Senate Committee on Environment and Public Works (EPW) Chairman Tom Carper (D-DE) and Ranking Member Shelley Moore Capito (R-WV), along with EPW Transportation and Infrastructure Subcommittee Chairman Mark Kelly (D-AZ), and Ranking Member Kevin Cramer (R-ND) introduced the Economic Development Act of 2024 (S. 3891). The bill would reauthorize and reform programs at the Economic Development Administration (EDA) for workforce development and disaster assistance. The legislation would also update and authorize laws regarding federal regional commissions and would establish two new regional commissions. Following a markup, EPW reported the bill favorably and it now heads to the full Senate for consideration. Legislators Reintroduce HOME Investment Partnerships Program Reauthorization. Senator Catherine Cortez Masto (D-NV), along with Representatives Joyce Beatty (D-OH) and John Garamendi (D-CA), reintroduced companion HOME Investment Partnerships Reauthorization and Improvement Act (S. 3644/H.R. 7075). The bill would reauthorize the HOME Investment Partnerships Program (HOME), authorize $5 billion in HOME funding for FY 2024, and would increase funding by 5 percent through FY 2028. The legislation would also increase access to HOME funding for non-profits and would provide loan guarantees for county and state governments, streamline and coordinate property inspections for HOME-assisted properties, provide down payment assistance, and support other aspects of the HOME program. The Senate version was referred to the Committee on Finance and the House version was referred to the Committee on Financial Services for consideration. Federal Funding Opportunities & Announcements BJA Releases Improving Adult and Youth Crisis Stabilization NOFO. The Department of Justice’s (DOJ) Bureau of Justice Assistance (BJA) released a notice of funding opportunity (NOFO) for the availability of $825,000 through the FY24 Improving Adult and Youth Crisis Stabilization and Community Reentry Program. Funding will support cross-system collaboration between criminal justice and juvenile justice agencies, mental health and substance abuse agencies, community-based organizations that provide reentry services, community-based behavioral health providers, and support continuity of care for individuals mental illness, substance use disorders, or co-occurring disorders as they transition out of incarceration. Applications are due by April 25th. April 9, 2024 Item #2 Page 4 of 105 4 www.carpiclay.com BJA Releases Second Chance Act Pay for Success NOFO. BJA released a NOFO for the availability of $1 million through the Second Chance Act Pay for Success Program. The program funds state, local, and tribal government projects to improve reentry of formerly incarcerated individuals, reduce recidivism, and address the treatment and recovery needs of people currently or formerly in the criminal justice system. Applications are due April 25th. COPS Office Releases CPD – Microgrants NOFO. DOJ’s Office of Community Oriented Policing Services (COPS Office) released a NOFO for the availability of $5 million through the Community Policing Development (CPD) – Microgrants program. The funding will support local, state, tribal, and territorial law enforcement agencies with community violence intervention programs, officer recruitment and retention, hate crime and domestic terrorism enforcement, underserved populations, and building community trust and legitimacy. Applications are due by May 21st. COPS Office Releases CPD – PACT NOFO. The COPS Office released a NOFO for the availability of $4 million through the CPD – Promoting Access to Crisis Teams (PACT) grant program. The goal of FY 2024 CPD – PACT solicitation is to provide funding to support the implementation of crisis intervention teams, including embedding behavioral or mental health professionals with law enforcement agencies, training for law enforcement officers and embedded behavioral or mental health professionals in crisis intervention response, or a combination of these. Applications are due by May 21st. DOE Publishes RECI NOFO. The Department of Energy (DOE) released a NOFO for availability of $90 million through the Resilient and Efficient Codes Implementation (RECI) program. The funding supports the cost-effective implementation of updated energy codes to reduce greenhouse gas emissions and promote resilient infrastructure. Applications are due by June 6th. DOE Announces Battery Recycling Awards. DOE announced $62 million for 17 projects through the Consumer Battery Recycling, Reprocessing, and Battery Collection program. The funding supports expanding participation in consumer electronics recycling, growing the market for recycled batteries, and establishing new state and local programs to collect, recycle, and reprocess lithium ion batteries. DOT Publishes Innovative Finance and Asset Concession Grant Program NOFO. The Department of Transportation (DOT) published a NOFO for the availability of $57.72 million through the Innovative Finance and Asset Concession Grant Program. Eligible applicants are public entities that own, control, or maintain assets that could be enhanced through projects eligible for Transportation Infrastructure Finance and Innovation Act (TIFIA) credit assistance. Grants can support a variety of asset development tasks, such as: identification of appropriate assets; planning and design; soliciting and negotiating contracts or concession agreements; cost/benefit or value for money analyses; lifecycle cost analysis; securing financial expertise or legal service; or other pre-construction or pre-development activities. Applicants can seek either type of grant but must choose one for this round of funding. Applications are due by May 10th. April 9, 2024 Item #2 Page 5 of 105 5 www.carpiclay.com DOT Announces Reconnecting Communities Grant Awards. DOT announced $3.33 billion for 132 projects through the Reconnecting Communities Pilot and Neighborhood Access and Equity discretionary grant program. The funding is aimed at reconnecting communities that were cut off by transportation infrastructure decades ago, leaving entire neighborhoods without direct access to opportunity, like schools, jobs, medical offices, and places of worship. In this round of funding for the Reconnecting Communities Pilot and Neighborhood Access and Equity program, the Department is awarding 72 Planning Grants, 52 Capital Construction grants and 8 Regional Planning grants. DOT Announces SMART Grant Awards. DOT announced over $50 million in grant awards for 34 technology demonstration projects through the Strengthening Mobility and Revolutionizing Transportation (SMART) Grants Program. Projects funded help to leverage advances in technology to create safer, more efficient, and more innovative transportation systems. DOT Releases SIRC Program NOFO. DOT released a NOFO for the availability of $45 million through the Strategic Innovation for Revenue Collection (SIRC) Program. This grant funds projects that test the feasibility of a road usage fee and other user-based alternative revenue mechanisms to maintain the long-term solvency of the Highway Trust Fund. Applications are due by May 27th. FAA Announces Aviation Maintenance Technical Workers Workforce Development Grant Awards. FAA announced $9 million in grant awards will go to 20 schools to help establish new educational programs; provide scholarships or apprenticeships; conduct outreach about careers in the aviation maintenance industry; and support educational opportunities related to aviation maintenance in economically disadvantaged areas. FAA Announces AIG Awards. FAA announced $110 million in the third round of Airport Infrastructure Grant (AIG) awards to 74 airports in 32 states. The funding will help fund airport and runway infrastructure. FAA Announces Contract Tower Competitive Grant Awards. FAA announced $20 million for 20 airport-owned airport control towers in 17 states. The funding will be used to upgrade existing or build new control towers. FEMA Releases SAFER NOFO. The Federal Emergency Management Agency (FEMA) has released a NOFO for the availability of $360 million through the Staffing for Adequate Fire and Emergency Response (SAFER) grant program. The SAFER program provides financial assistance to help fire departments increase frontline firefighters by hiring firefighters or recruiting and retaining volunteer firefighters. Applications are due by April 12th. FHWA Publishes Competitive Grant Matrix. FHWA published a competitive grant matrix that lists grant programs, which can be matched with the potential applicant the April 9, 2024 Item #2 Page 6 of 105 6 www.carpiclay.com program can fund. Potential applicants are encouraged to review program specific guidance to make informed decisions about each program. FHWA Publishes ATIIP Grants NOFO. FHWA published a NOFO for the availability of $44.55 million through the Active Transportation Infrastructure Investment Program (ATIIP). Grants will help fund projects that build networks of connected bicycle and pedestrian infrastructure improvements, including to better connect trail networks between communities. Funding will be available in two different categories (1) planning and design grants and (2) construction grants. Applications are due by June 17, 2024. FHWA Publishes Low-Carbon Transportation Materials Grants Program. FHWA announced the availability of $2 billion to fund low carbon materials that create less pollution by reducing the levels of embodied greenhouse gas emissions, including concrete (and cement), glass, asphalt mix, and steel. In FHWA's Low Carbon Transportation Materials (LCTM) Program $1.2 Billion is available to State Departments of Transportation (including District of Columbia and Puerto Rico) through a request for applications (RFA) to fund activities and projects that advance the use of low carbon materials and products. This RFA approach allows FHWA to quickly provide reimbursement or incentive funds to states to begin eligible activities and incorporate low carbon materials on construction projects now. In the coming months FHWA will also make available $800 million to target non-State applicants, including metropolitan planning organizations, local governments or agencies, federally recognized tribes, Federal Lands Management Agencies, and other agencies through a Notice of Funding Opportunity (NOFO). FHWA encourages non-State applicants to partner with states on applications and projects. Applications are due by June 10th. FHWA Publishes RFC on PROTECT Discretionary Grant Metrics. FHWA published metrics for the purpose of evaluating the effectiveness and impacts of projects under the Promoting Resilient Operations for Transformative, Efficient, and Cost-Saving Transportation (PROTECT) Discretionary Grant Program. The FHWA will select a representative sample of projects to evaluate using these metrics. Comments are due by May 20th. FRA Releases FY 2023 and FY 2024 CRISI NOFO. FRA released a NOFO for the availability of $2.48 billion through the Consolidated Rail Infrastructure and Safety Improvements (CRISI) Program for FY 2023 and FY 2024. Funding will support projects that improve railroad safety, efficiency, and reliability, mitigate congestion at both intercity passenger rail and freight rail chokepoints, enhance multi-modal connections, and new or improved Intercity Passenger Rail Transportation corridors. Applications are due by May 28th. FRA Announces IRC Grant Awards. FRA announced an award of $900,000 to three entities through the Interstate Rail Compacts (IRC) Grant Program. The program helps fund activities that improve, promote, and develop intercity passenger rail service, including activities related to the financing of such service, and to encourage multi-state grant applications. The awardees include: April 9, 2024 Item #2 Page 7 of 105 7 www.carpiclay.com  Illinois – Midwest Interstate Passenger Rail Commission Expansion Project (up to $300,000)  Louisiana – Southern Rail Commission Rail-Ready Project (up to $400,000)  North Carolina – VA-NC Compact Administration & Southeast Rail Network Analysis Project (up to $200,000) HUD Announces GRRP Loan and Grant Awards. The Department of Housing and Urban Development (HUD) announced $173.8 million in loan and grant awards through the Green and Resilient Retrofit Program (GRRP). The funding will support energy efficiency and climate resilient renovations at 25 properties in seven states participating in HUD’s multifamily project-based rental assistance programs for low-income individuals, families, and senior citizens. Reclamation Extends WaterSMART Planning and Project Design Deadline. The Reclamation extended the submission deadline for the WaterSMART Planning and Project Design NOFO. The program includes funding for Water Strategy grants to conduct water supply planning activities, Project Design grants to conduct project-specific design, and Drought Contingency Plan grants to conduct comprehensive drought planning. The new deadline for applications is May 21st. Reclamation Extends WaterSMART Large-Scale Recycling Projects Deadlines. Reclamation announced NOFO deadline extensions for Round 2 and Round 3 of funding through the WaterSMART Large-Scale Water Recycling grant program. A total of $180 million is available for local water agencies to plan, design, and construct water reclamation and reuse projects. The extended deadline for Round 2 is May 31st, and the deadline for Round 3 is November 26th. Federal Agency Personnel & Regulatory Announcements HUD Secretary Announces Departure. Department of Housing and Urban Development (HUD) Secretary Marcia Fudge announced her resignation, effective March 22nd. HUD Deputy Secretary Adrianne Todman will serve as Acting Secretary until President Biden submits a nomination to the Senate for the role. CPSC Publishes e-Bike ANPR. The Consumer Product Safety Commission (CPSC) published an advanced notice of proposed rulemaking (ANPR) that addresses the risk of injury associated with electric bicycles (e-bikes). The purpose of this ANPR is to collect information related to potential regulatory requirements to address the risk of injury associated with mechanical hazards of e-bikes. Electrical hazards such as those related to batteries are not within the scope of this ANPR. CPSC is separately working to address those hazards for e-bikes and other micromobility products. Comments are due by May 14th. DHS Releases AI Roadmap. The Department of Homeland Security (DHS) released its report titled “Artificial Intelligence (AI) Roadmap 2024” to provide a basis for developing April 9, 2024 Item #2 Page 8 of 105 8 www.carpiclay.com AI technology while protecting the public from irresponsible or adversarial use of the technology. The roadmap aligns with President Biden’s Executive Order 14110, Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. DOE Releases Biomass Production Report. DOE released the “2023 Billion-Ton Report” on the sustainable production of biomass. The report details how the US could triple annual biomass production to more than one billion tons in a sustainable manner. DOT Publishes New Report on Best Practices to Expand Access to Jobs and Economic Opportunity Through Transportation Infrastructure Investments. DOT has published a new report titled “Investing in America: Best Practices to Expand Access to Jobs and Economic Opportunity Through Transportation Infrastructure Investments.” The report includes detailed recommendations on how state and local transportation agencies can expand access to jobs and opportunities for several underrepresented groups. It also explains how DOT has been successful in getting more transportation agencies to include workforce plans for their projects and to make use of tools such as local and economic hiring preferences. EPA and NSC Highlight Cyber Threats for Water Sector. EPA Administrator Michael Regan and National Security Advisor Jake Sullivan sent a letter to all governors requesting attendance of state environmental, health, and homeland security agencies to a summit on the need to safeguard water sector critical infrastructure against cybersecurity threats. The virtual meeting took place on March 21st, and EPA and the National Security Council (NSC) urged rapid improvements to water cybersecurity and reinforced collaboration between state and federal entities on securing water systems. EPA Publishes Final CWA Hazardous Substance Facility Response Rule. EPA published a final rule titled “Clean Water Act Hazardous Substance Worst Case Discharge Planning.” Facilities subject to the rule are required to prepare response plans under the Clean Water Act (CWA) to prepare for the potential of worst-case discharge scenarios within 36 months of the effective date of the rule. A worst-case discharge is the largest foreseeable discharge in adverse or extreme weather conditions. The rule is effective on May 28th. EPA Releases 2023 WIFIA Report. EPA released the Water Infrastructure Finance and Innovation Act (WIFIA) program 2023 Annual Report. In 2023, EPA closed $3 billion in WIFIA loans to support water infrastructure in 10 states. Since 2018, EPA has loaned $19 billion through the WIFIA program to support $43 billion in water infrastructure projects. FAA Ends Discretionary Enforcement Policy on Drone Remote ID. FAA announced that the agency will no longer exercise discretion in determining whether to take enforcement action for drone operators that are not in compliance with the Remote ID rule. As of March 16th, drone operators are required to be registered and must comply with the Remote ID rule. Operators who do not comply after that date could face fines and suspension or revocation of their drone pilot certificates. April 9, 2024 Item #2 Page 9 of 105 9 www.carpiclay.com FAA Launches ARV at ATC Towers. FAA launched a new surface safety tool, Approach Runway Verification (ARV), at thirteen air traffic control (ATC) towers across the nation. ARV provides controllers with visual and audible alerts if an approaching aircraft is lined up to land on the wrong airport surface, or even the wrong airport. FAA will deploy ARV at other facilities across the nation throughout the rest of the year and into 2025. FAA Announces Policy on Requiring Disclosure of Payload Contents. FAA announced a clarification of the FAA's Office of Commercial Space Transportation (AST) policy regarding the review of payloads to be launched or reentered under an FAA license. Given the increasing complexity of payloads on the growing volume of FAA-licensed launches or reentries, the FAA is updating its payload review policy to require applicants for a payload review to disclose the contents and composition of all payloads, including those of all hosted payloads. The policy is effective on March 14, 2024. FCC Announces New Intergovernmental Advisory Committee Members. The Federal Communications Commission (FCC) announced new members of the Intergovernmental Advisory Council (IAC), including seven representatives from county governments. IAC provides guidance, expertise, and recommendations to the FCC on telecommunications policies that affect state and local governments. Members serve a two-year term and are tasked with explaining FCC policy decisions to other local and state government officials. FCC Releases 988 Suicide and Crisis Lifeline NPRM. FCC released a NPRM to streamline the 988 Suicide and Crisis Lifeline and connect individuals dialing 988 to local crisis centers. The NPRM is a first step toward geo-routing 988 calls based on a caller’s proximity to the nearest cellular tower. Currently, 988 calls are routed based on a caller’s area code, connecting individuals to crisis centers in cities where they may no longer live. Comments are due 60 days following publication in the Federal Register. FHWA Publishes RFI on Minimum Requirements for Certain EV Chargers. FHWA issued regulations establishing minimum standards and requirements for certain electric vehicle (EV) chargers. After the publication of this final rule, the Society of Automotive Engineers (SAE) published a Technical Information Report for a new connector standard, known as J3400, which multiple automakers have announced an intention to adopt in the coming years. To ensure the effective implementation of programs that are subject to the minimum standards and requirements and to inform a potential update to the minimum standards, FHWA, in coordination with the Joint Office of Energy and Transportation, is seeking additional information in five areas: on the expectations surrounding market availability for J3400 within EVs and EV chargers; on the technical compatibility of J3400 with existing regulations and safety considerations; on considerations regarding challenges and benefits of the implementation of J3400 at charging stations; on market demands for the continued availability of Combined Charging System (CCS) and J1772 connectors; and potential options for performance-based standards that can reduce the need for future regulatory updates or changes as technology evolves. Comments are due by April 5th. April 9, 2024 Item #2 Page 10 of 105 10 www.carpiclay.com FHWA Requests Comments on Adoption of Cyber Security Evaluation Tool. FHWA, in coordination with the Department of Homeland Security, is requesting comments on a proposal to adopt the Cyber Security Evaluation Tool (CSET) is a voluntary tool transportation authorities can use to assist in identifying, detecting, protecting against, responding to, and recovering from cyber incidents. Comments are due by April 19th. HHS Releases LIHWAP Affordability Report. The Department of Health and Human Services (HHS) released a report titled “Understanding Water Affordability Across Contexts: LIHWAP Water Affordability Survey Report.” The report includes information from over 1,800 water and wastewater providers nationwide on the affordability of clean water and wastewater services supplemented by the Low Income Household Water Assistance Program (LIHWAP). The report highlights cost disparities between urban, suburban, and rural communities and the impact of water assistance programs like LIHWAP, which concludes March 31st due to grant funding expiring. Joint Office Launces EV Workforce Development Webpage. DOT and DOE’s Joint Office of Energy and Transportation (Joint Office) launched a new webpage on workforce development. The webpage includes resources to support workforce development activities for electric vehicles (EV) and EV infrastructure. Joint Office Publishes National Zero-Emission Freight Corridor Strategy. The Joint Office released the National Zero-Emission Freight Corridor Strategy. The strategy will guide the deployment of zero-emission medium- and heavy-duty vehicle (ZE-MHDV) charging and hydrogen fueling infrastructure from 2024 to 2040. The strategy is also designed to meet growing market demands by targeting public investment to amplify private sector momentum, focus utility and regulatory energy planning, align industry activity, and improve air quality in local communities heavily impacted by diesel emissions. OVC Releases Victim Compensation Program NPRM. DOJ’s Office for Victims of Crime (OVC) released a NPRM to replace the Victim Compensation Program Guidelines and update program requirements for the Victims of Crime Act (VOCA) Victim Compensation Formula Grant Program. The program supports state victim compensation programs to reimburse victims of crime for certain expenses incurred because of crime. Comments on the proposed changes are due by April 5th. ## ## ## April 9, 2024 Item #2 Page 11 of 105 1 April 3, 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 – March 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. Legislative Subcommittee Presentation On March 12, Sharon Gonsalves presented to the City’s legislative subcommittee on items of interest to the City. AB 2715 Meeting On March 13, Sharon Gonsalves had a meeting with Assembly Local Government Committee about the City’s sponsored bill, AB 2715. Draft Surplus Lands Act Guidelines On March 4, RPPG sent the City an email alert of a Department Housing and Community Development (HCD) webinar on the Department’s release of draft guidelines for the Surplus Lands Act (SLA) to be held on March 6. On March 8, RPPG sent the City a memo which provided an overview of the HCD webinar and included a link to learn more about the draft SLA guidelines and a link to submit a letter. On March 15, RPPG sent the City a California Association for Local Economic Development (CALED) comment letter on the proposed SLA guidelines. A recording of the HCD webinar, the slides presented during it, and the draft SLA guidelines can all be found HERE. Update on Positioned Legislation RPPG is closely monitoring and providing updates on bills on which the City has adopted a position. •AB 817 (Pacheco) Open meetings: teleconferencing: subsidiary body o Status: Senate awaiting assignment o City Position: Support Exhibit 2 April 9, 2024 Item #2 Page 12 of 105 2 • AB 1802 (Jones-Sawyer) Crimes: organized theft o Status: Assembly Public Safety 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 o City Position: Support • AJR 12 (Alvarez) Tijuana River: cross-border pollution o Status: Senate Environmental Quality o City Position: Support • SB 905 (Wiener) Crimes: theft from a vehicle o Status: Senate Appropriations o City Position: Support • SB 1011 (Jones) Encampments: penalties o Status: Senate Public Safety o City Position: Support Priority Bills RPPG has tagged 171 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 Session in Full Swing The 2024 legislative session is in full swing with hundreds of bills having been set in their respective policy committees. Committee hearings are well underway with stacked agendas and will continue to increase in frequency until mid-May. All policy bills tagged as fiscal must pass out of their referred policy committees in their house of origin by April 26. From there, all bills must be voted on and passed to the opposite house (i.e., all Senate Bills must advance to the Assembly and vice versa) by May 24. Additionally, March 22 was the deadline for all “spot” bills—those bills that did not yet have substance—to be amended. With that, there has been an influx in amended bills and therefore what RPPG is tracking for the City, including as priority, continues to evolve. The Legislature was on Spring Recess the last week of March and returned April 1 in a sprint toward legislative deadlines and balancing a budget by the July deadline. Ahead of elections this year lawmakers are looking to local solutions, and we are seeing policy trends related to addressing crime, including retail theft, tightening Proposition 47 provisions, and addressing the fentanyl crisis; the use of artificial intelligence in government operations; employer-employee relations; housing, including further enforcement of the housing element process, a renewed interest in development impact fees, and affordable housing; homelessness and behavioral health; climate solutions and sustainable energy; and addressing the budget gap, among others. April 9, 2024 Item #2 Page 13 of 105 3 Early Budget Action In mid-March, it became clear that the state’s personal income tax receipts exceeded the Administration’s budget estimates in February by 12.6%, while other taxes came in below estimates. However, total General Fund revenues were 3% above budget estimates for the month. According to the Administration, for the 2023-24 fiscal year to date, tax agencies’ General Fund receipts are 4.3% below its January budget estimates. The Legislative Analyst’s Office (LAO), the Legislature’s nonpartisan research division, reported that personal income tax withholding in March came in $634 million above the January budget proposal’s estimate. The LAO also noted that agency data suggests that other income tax receipts, net of refunds, came in about $100 million above January estimates. However, the Administration anticipates making large payouts for tax returns. April receipts will guide where the May Budget Revision lands, and— ultimately—the final budget. Governor Gavin Newsom is expected to release his May Revise by May 15 which will begin the final march to a budget deal by July 1. As part of budget negotiations, on March 14, 2024 Senate leaders announced a plan to address the budget deficit, now estimated at up to $53 billion. The plan, titled “Shrink The Shortfall”, will reduce the deficit by more than $17 billion. Senate President pro Tem Mike McGuire (D, Geyserville) said, “The Senate’s plan to shrink the shortfall protects core programs, includes no new tax increases for Californians, makes necessary reductions, and takes a prudent approach to utilizing the Rainy Day Fund so we can be prepared for any future tough times.” The Assembly has not yet signed off on what the Senate announced and is expected to release their own plan. However, on March 20, Governor Newsom, Speaker of the Assembly Robert Rivas (D, Hollister), and Senator McGuire announced in a joint press release that they plan to take early action with savings of $12-$18 billion. Assembly Informational Hearing on Water The Assembly Committee on Environmental Safety and Toxic Materials held a hearing entitled “The Human Right To Water: Is California Achieving Its Drinking Water Goals?” on March 13. Panelists for this hearing included E. Joaquin Esquivel, Chair of the State Water Resources Control Board, Cástulo R. Estrada, Board Vice-President and Director of Division 5 of the Coachella Valley Water District, Kyle Jones, Policy and Legal Director at Community Water Center, Karina Cervantez, Managing Director of the California Association of Mutual Water Companies, and Rami Kahlon, Director of Regulatory Affairs of the California Water Service. Committee members and panelists agreed that Californians have a right to clean, accessible, affordable, reliable, and good quality water. It was mentioned several times that, while most Californians do have proper access to water, many disadvantaged communities around the state do not due to various barriers. Committee members posed many questions about what the legislature can do to help. Speakers mentioned programs that are currently working, things that need improvement, and solutions recommended for the state. Many speakers identified the Safe and Affordable Funding for Equity and Resilience (SAFER) program’s effects and suggested ways that state efforts can improve. There was an overall agreement that consolidation of smaller water systems is crucial to help the water crisis facing Californian’s, but there are many roadblocks to consolidation like lack of public trust and technological assistance expertise and funding. LOOKING FORWARD • APRIL 26: Deadline for fiscal bills to pass out of their policy committees • MAY 24: Deadline for bills to pass out of their house of origin • JUNE 15: Legislature must pass the main budget bill April 9, 2024 Item #2 Page 14 of 105 4 • 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 April 9, 2024 Item #2 Page 15 of 105 1 City of Carlsbad: Priority Legislation as of April 4, 2024 Cannabis AB 2850 (Rodriguez) Cannabis. (Amended 03/21/2024) Link Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), approved by the voters as Proposition 64 at the November 8, 2016, statewide general election, regulates the cultivation, distribution, transport, storage, manufacturing, testing, processing, sale, and use of marijuana for nonmedical purposes by people 21 years of age and older. Under AUMA, a person 18 years of age or older who plants, cultivates, harvests, dries, or processes more than 6 living cannabis plants, or any part thereof, is guilty of a misdemeanor and may be charged with a felony if specified conditions exist, including when the offense causes substantial environmental harm to public lands or other public resources. The act additionally makes it an infraction for a person less than 21 years of age to plant, cultivate, harvest, dry, or process fewer than 6 living cannabis plants.This bill would amend AUMA to make it a felony, punishable by 16 months or 2 or 3 years in county jail, for a person over 18 years of age, but under 21 years of age to plant, cultivate, harvest, dry, or process any quantity of living cannabis plants. The bill would additionally make it a felony, punishable by 16 months or 2 or 3 years in county jail, for a person over 21 years of age to plant, cultivate, harvest, dry, or process more than 6 living cannabis plants. By increasing the penalty for a crime, this bill would impose a state-mandated local program. This bill contains other existing laws. (Based on 03/21/2024 text) Status: 04/01/2024 - Re-referred to Com. on PUB. S. SB 512 (Bradford) Cannabis: taxation: gross receipts. (Amended 05/03/2023) Link The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. This bill, beginning January 1, 2024, would exclude from the terms “gross receipts” and “sales price” under the Sales and Use Tax Law the amount of the cannabis excise tax imposed under the Cannabis Tax Law and the amount of any tax imposed by a city or county on the privilege of engaging in commercial cannabis activity, as specified. The bill would also Exhibit 3 April 9, 2024 Item #2 Page 16 of 105 {city of Carlsbad California 2 prohibit a city or county from including in the definition of gross receipts, for purposes of any local tax or fee on a licensed cannabis retailer the amount of any cannabis excise tax imposed under the Cannabis Tax Law or any sales and use taxes. By imposing new requirements on local governments with respect to their taxes and fees, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 05/03/2023 text) Status: 07/10/2023 - July 10 set for first hearing. Placed on suspense file. July 10 hearing. Held in committee and under submission. Economic Development AB 2922 (Garcia) Economic development: capital investment incentive programs. (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: 03/11/2024 - Referred to Com. on L. GOV. Calendar: 04/10/24 A-LOCAL GOVERNMENT 1:30 p.m. - State Capitol, Room 447 CARRILLO, JUAN, Chair 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 April 9, 2024 Item #2 Page 17 of 105 3 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, and make available to local agency officials an ethics training course, as specified. (Based on 02/14/2024 text) Status: 03/20/2024 - From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (March 20). Re-referred to Com. on APPR. Notes: CalCities sponsored Emergency Response and Disaster Preparedness AB 2330 (Holden) Endangered species: incidental take: wildfire preparedness activities. (Amended 04/01/2024) Link The California Endangered Species Act prohibits the taking of an endangered, threatened, or candidate species, except as specified. Under the act, the Department of Fish and Wildlife (department) may authorize the take of listed species by certain entities through permits or memorandums of understanding for specified purposes. Existing law requires the State Fire Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Existing law requires a local agency to designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal, as provided. This bill would authorize a city, county, city and county, special district, or other local agency to submit to the department a locally designed voluntary program to conduct wildfire preparedness activities on land designated as a fire hazard severity zone, as defined, that minimizes impacts to wildlife and habitat for candidate, threatened, and endangered species, and meets specified criteria. The bill would require the department to approve or deny the application and notify the local agency of the approval or denial within 90 days of receipt of the application, and would allow for resubmission of a denied application, as specified. The bill would require the department to provide an approved applicant with the terms and conditions within 30 days of approval to initiate the locally designed voluntary program, in lieu of an incidental take permit, as provided. The bill would require the department, commencing January 1, 2026, to annually post a summary of the locally designed voluntary program submissions on its internet website, as specified. The bill would require the department, by January 1, 2026, in consultation with the Office of the State Fire Marshal, and using existing data and information collected by the department and the office, to develop maps identifying critical habitats within fire hazard severity zones, as provided. The bill would require the maps to be updated at least once every 5 years, and would require the maps to be made available to a city, county, city and county, special district, or other local agency for wildfire planning and preparedness purposes in order to protect life and property. (Based on 04/01/2024 text) April 9, 2024 Item #2 Page 18 of 105 4 Status: 04/02/2024 - Re-referred to Com. on W., P., & W. Calendar: 04/23/24 A-WATER, PARKS AND WILDLIFE 9 a.m. - State Capitol, Room 444 PAPAN, DIANE, Chair Notes: CalCities sponsored Energy and Utilities AB 1912 (Pacheco) Electricity: legislation imposing mandated programs and requirements: third-party review. (Amended 03/18/2024) Link Existing law regulates public utilities, including electrical corporations. The California Council on Science and Technology is organized as a nonprofit corporation in response to an Assembly Concurrent Resolution in 1988. This bill would request the council to establish a program to, upon request of the Legislature, assess legislation that would establish a mandated requirement or program or otherwise affect electrical ratepayers, as specified. The bill would request the council to develop and implement conflict-of-interest provisions that would prohibit a person from participating in an analysis for which the person knows or has reasons to know that the person has a financial interest. The bill would request the council to annually inform the State Controller of the amount necessary to fund the work of the council pursuant to the bill, not to exceed $2,000,000. The bill would require the State Controller, on June 15 of each year, to assess large electrical corporations, as defined, their proportionate share of the amount reported by the council, as provided. The bill would require the large electrical corporations to pay their proportionate shares no later than August 1 of each year. The bill would require the moneys collected to be deposited into the Electric Programs Benefit Fund, which would be created by the bill. The bill would continuously appropriate the moneys in the fund to the council to support the work of the council in providing analyses under this bill. The bill would repeal these provisions on January 1, 2030. This bill contains other related provisions. (Based on 03/18/2024 text) Status: 03/19/2024 - Re-referred to Com. on APPR. AB 1999 (Irwin) Electricity: fixed charges. (Introduced 01/30/2024) Link Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. Existing law authorizes the commission to adopt new, or expand existing, fixed charges, as defined, for the purpose of collecting a reasonable portion of the fixed costs of providing 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 April 9, 2024 Item #2 Page 19 of 105 5 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. Position: Pending Support Notes: 3/12/24: EN tagged as pending support. 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: 04/03/2024 - VOTE: Do pass as amended, and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar (PASS) AB 2805 (Essayli) Electricity: fixed charges: repeal. (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. Existing law requires the commission to continue a program of assistance to low-income electrical and gas customers April 9, 2024 Item #2 Page 20 of 105 6 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: 03/11/2024 - Referred to Com. on U. & E. 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 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. April 9, 2024 Item #2 Page 21 of 105 7 Calendar: 04/16/24 S-ENERGY, UTILITIES AND COMMUNICATIONS 9 a.m. - 1021 O Street, Room 1200 BRADFORD, STEVEN, Chair 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. Calendar: 04/22/24 S-ENERGY, UTILITIES AND COMMUNICATIONS 10 a.m. - 1021 O Street, Room 1200 BRADFORD, STEVEN, Chair 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 April 9, 2024 Item #2 Page 22 of 105 8 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. Calendar: 04/22/24 S-ENERGY, UTILITIES AND COMMUNICATIONS 10 a.m. - 1021 O Street, Room 1200 BRADFORD, STEVEN, Chair SB 1374 (Becker) Net energy metering. (Amended 03/18/2024) Link Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. Existing law requires the commission to develop a standard contract or tariff, which may include net energy metering, for eligible customer-generators, as defined, with a renewable electrical generation facility, as defined, that is a customer of a large electrical corporation. Existing law requires, in developing the standard contract or tariff for large electrical corporations, the commission to take specified actions. This bill would require, no later than July 1, 2025, the commission to ensure that any contract or tariff established by April 9, 2024 Item #2 Page 23 of 105 9 the commission pursuant to the above described provisions for renewable electrical generation facilities configured to serve either multiple customers with meters on a single property, or multiple meters of a single customer on a property or a set of contiguous properties owned, leased, or rented by the customer, meets certain requirements, including that eligible customer-generators are authorized to elect to aggregate the electrical load, as specified. This bill contains other related provisions and other existing laws. (Based on 03/18/2024 text) Status: 04/02/2024 - April 2 set for first hearing canceled at the request of author. Calendar: 04/22/24 S-ENERGY, UTILITIES AND COMMUNICATIONS 10 a.m. - 1021 O Street, Room 1200 BRADFORD, STEVEN, Chair 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 April 9, 2024 Item #2 Page 24 of 105 10 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: 03/20/2024 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (March 19). Re-referred to Com. on APPR. AB 2236 (Bauer-Kahan) Solid waste: reusable grocery bags: standards: plastic film prohibition. (Amended 03/21/2024) Link Existing law prohibits a store, as defined, from providing a single-use carryout bag, as defined, to a customer, with specified exceptions, including an exemption for bags used to contain unwrapped food. Existing law requires a reusable grocery bag sold by a store to a customer at the point of sale to be made by a certified reusable grocery bag producer and to meet specified requirements with regard to the bag’s durability, material, labeling, heavy metal content, and, with regard to reusable grocery bags made from plastic film, recycled material content. Existing law prohibits a producer of reusable grocery bags made from plastic film from selling or distributing those bags unless the producer is certified by a third-party certification entity, and provides proof of that certification and a certification fee to the department, as specified. Existing law also prohibits a store from selling or distributing a recycled paper bag at the point of sale unless the store makes that bag available for purchase for not less than $0.10. Existing law defines “recycled paper bag,” in part, as a paper carryout bag that contains a minimum of 40% postconsumer recycled materials, except as provided, and meets other requirements. Existing law allows a retail establishment to voluntarily comply with these requirements, if the retail establishment provides the department with irrevocable notice. This bill would, commencing January 1, 2026, revise and recast those provisions to, among other things, revise the single-use carryout bag exception to include a bag provided to a customer before the customer reaches the point of sale, that is designed to protect a purchased item from damaging or contaminating other purchased items in a checkout bag, or to contain an unwrapped food item, as specified. The bill would revise the definition of “recycled paper bag” to require it be made from 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 would repeal a provision relating to certain obsolete at-store recycling program requirements. The bill would make related conforming changes. (Based on 03/21/2024 text) Status: 04/01/2024 - Re-referred to Com. on APPR. 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, April 9, 2024 Item #2 Page 25 of 105 11 as provided. The department’s organic waste regulations require local jurisdictions to annually procure a quantity of recovered organic waste products and to comply with their procurement targets by directly procuring recovered organic waste products for use or giveaway or by requiring, through a written agreement, that a direct service provider to the jurisdiction procure recovered organic waste products, or both. Those regulations specify the types of recovered organic waste products that a jurisdiction may procure, including compost that is produced at a compostable material handling operation or facility, or a specified digestion facility that composts onsite. Other regulations of the department require all compostable materials handling activities to obtain a facility permit from the department prior to commencing operations and meet other specified requirements, but exclude from those requirements certain activities that the regulations state do not constitute a compostable material handling operation or facility, including the composting of green material, agricultural material, food material, and vegetative food material, and the handling of compostable materials under certain conditions, as provided. This bill would authorize local jurisdictions to be credited for the procurement of recovered organic waste products through an agreement with a direct service provider, as defined, and would allow the direct service provider agreement to include the procurement of recovered organic waste products on a prospective or retrospective basis as long as the purchase of those products occurs during the year for which the local jurisdiction seeks credit. The bill would also authorize local jurisdictions to count towards their procurement targets, compost produced and procured from specified compost operations, as defined, and, until 2030, investments made for the expansion of the capacity of compostable materials handling operations or community composting operations, as provided. (Based on 02/12/2024 text) Status: 02/26/2024 - Referred to Com. on NAT. RES. Calendar: 04/08/24 A-NATURAL RESOURCES 2:30 p.m. - State Capitol, Room 447 BRYAN, ISAAC, Chair 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 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) April 9, 2024 Item #2 Page 26 of 105 12 Status: 03/04/2024 - Referred to Coms. on TRANS. and NAT. RES. 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. 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: 03/13/2024 - Referred to Com. on E.Q. Position: Support Notes: 2/14/24: EN tagged as pending support. 2/15/24: EN sent draft support letter to the City for review. 3/12/24: EN received finalized letter, tagged as support, and emailed author's office; bill is in rules. 3/14/24: EN submitted letter to Senate EQ and emailed delegation. SB 638 (Eggman) Climate Resiliency and Flood Protection Bond Act of 2024. (Amended 06/28/2023) Link The California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018, approved by the voters as Proposition 68 at the June 5, 2018, statewide primary direct election, authorizes the issuance of bonds in the amount of $4,000,000,000 pursuant to the State General Obligation Bond Law to finance a drought, water, parks, climate, coastal protection, and outdoor access for all program. Article XVI of the California Constitution requires measures authorizing general obligation bonds to specify the single object or work to be funded by the bonds and further requires a bond act to be approved by a 2/3 vote of each house of the Legislature and a majority of the voters. This bill would enact the Climate April 9, 2024 Item #2 Page 27 of 105 13 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 03/18/2024) 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. Existing law prohibits the distribution, sale, or offering for sale in the state of certain food packaging that contains regulated PFAS. Existing law prohibits the sale or distribution in commerce in the state of any new, not previously owned, juvenile product, as defined, that contains regulated perfluoroalkyl and polyfluoroalkyl chemicals. 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 April 9, 2024 Item #2 Page 28 of 105 14 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 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 contains other related provisions and other existing laws. (Based on 03/18/2024 text) Status: 04/03/2024 - VOTE: Do pass, but first be re-referred to the Committee on [Judiciary] (PASS) 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: 03/12/2024 - Set for hearing April 24. Calendar: 04/24/24 S-ENVIRONMENTAL QUALITY 9 a.m. - State Capitol, Room 113 ALLEN, BENJAMIN, Chair 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 April 9, 2024 Item #2 Page 29 of 105 15 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 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: 03/12/2024 - Set for hearing April 17. Calendar: 04/17/24 S-ENVIRONMENTAL QUALITY 9 a.m. - 1021 O Street, Room 1200 ALLEN, BENJAMIN, Chair 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: 04/03/2024 - VOTE: Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] (PASS) SB 1193 (Menjivar) Airports: leaded aviation gasoline. (Introduced 02/14/2024) Link Existing law, the State Aeronautics Act, governs various matters relative to aviation in the state, and authorizes the Department of Transportation to adopt, administer, and enforce rules and regulations for the administration of the act. Under existing law, a violation of the State Aeronautics Act is a crime. This bill would prohibit an airport operator or aviation retail establishment, as defined, from selling, distributing, or otherwise making available leaded aviation gasoline to consumers, consistent with a specified timeline, as provided. This bill contains other related provisions and other existing laws. (Based on 02/14/2024 text) Status: 03/06/2024 - Set for hearing April 9. April 9, 2024 Item #2 Page 30 of 105 16 Calendar: 04/09/24 S-TRANSPORTATION 1:30 p.m. - 1021 O Street, Room 1200 CORTESE, DAVE, Chair 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 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: 04/03/2024 - VOTE: Do pass as amended, but first amend, and re-refer to the Committee on [Housing] (PASS) 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) April 9, 2024 Item #2 Page 31 of 105 17 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 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: 03/21/2024 - Referred to Com. on JUD. 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 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: 03/13/2024 - In committee: Set, first hearing. Hearing canceled at the request of author. April 9, 2024 Item #2 Page 32 of 105 18 AB 2257 (Wilson) Local government: property-related water and sewer fees and assessments: remedies. (Amended 03/20/2024) Link The California Constitution specifies various requirements with respect to the levying of assessments and property-related fees and charges by a local agency, including notice, hearing, and protest procedures, depending on the character of the assessment, fee, or charge. Existing law, known as the Proposition 218 Omnibus Implementation Act, prescribes specific procedures and parameters for local jurisdictions to comply with these requirements. This bill would prohibit, if a local agency complies with specified procedures, a person or entity from bringing a judicial action or proceeding alleging noncompliance with the constitutional provisions for any new, increased, or extended fee or assessment, as defined, unless that person or entity has timely submitted to the local agency a written objection to that fee or assessment that specifies the grounds for alleging noncompliance, as specified. This bill would provide that local agency responses to the timely submitted written objections shall go to the weight of the evidence supporting the agency’s compliance with the substantive limitations on fees and assessments imposed by the constitutional provisions. The bill would also prohibit an independent cause of action as to the adequacy of the local agency’s responses. This bill would, if the local agency complies with the specified procedures, provide that in any judicial action or proceeding to review, invalidate, challenge, set aside, rescind, void, or annul the fee or assessment for failure to comply with the procedural and substantive requirements of specified constitutional provisions, provisions in the fee or assessment setting process, the court’s review is limited to a record of proceedings containing specified documents, except as otherwise provided. The bill would provide that this limitation does not preclude any civil action related to a local agency’s failure to implement a fee or assessment in compliance with the manner adopted by the local agency. The bill would make related findings and declarations. (Based on 03/20/2024 text) Status: 03/21/2024 - Re-referred to Com. on L. GOV. Position: Pending Support Notes: 3/28/24: EN marked as pending support. 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) Status: 02/26/2024 - Referred to Com. on JUD. April 9, 2024 Item #2 Page 33 of 105 19 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. Calendar: 04/16/24 A-HEALTH 1:30 p.m. - 1021 O Street, Room 1100 BONTA, MIA, Chair AB 2404 (Lee) State and local public employees: labor relations: strikes. (Amended 03/21/2024) Link The Meyers-Milias-Brown Act and the Ralph C. Dills Act regulate the labor relations of employees and employers of local public agencies and the state, respectively. The acts grant specified employees of local public agencies and the state the right to form, join, and participate in the activities of employee organizations of their choosing. This bill would provide, except as specified, that it is not unlawful or a cause for discipline or other adverse action against a public employee for that public employee to refuse to enter property that is the site of a primary strike, perform work for a public employer involved in a primary strike, or go through or work behind a primary strike line. The bill would prohibit a public employer from directing a public employee to take those actions. The bill would authorize a recognized employee organization to inform employees of these rights and encourage them to exercise those rights. The bill would also state that a provision in a public employer policy or collective bargaining agreement that purports to limit or waive the rights set forth in this provision shall be void as against public policy, except that the bill would require the parties to negotiate over the bill’s provisions if the bill is in conflict with a collective bargaining agreement entered into before January 1, 2025, as prescribed. The bill would exempt certain public employees of fire departments and certain peace officers from these provisions. (Based on 03/21/2024 text) Status: 04/01/2024 - Re-referred to Com. on P.E. & R. 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 April 9, 2024 Item #2 Page 34 of 105 20 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: 04/03/2024 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (April 3). Re-referred to Com. on APPR. AB 2439 (Quirk-Silva) Public works: prevailing wages: access to records. (Amended 04/01/2024) Link Existing law defines “public works,” for the purposes of regulating public works contracts, as, among other things, construction, alteration, demolition, installation, or repair work done under contract and paid for, in whole or in part, out of public funds. Existing law requires each contractor and subcontractor on a public works project to keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the contractor or subcontractor in connection with the public work. Existing law requires any copy of records made available for inspection as copies and furnished upon request to the public or any public agency to be marked or obliterated to prevent disclosure of an individual’s name, address, and social security number but specifies that any copy of records made available to a Taft-Hartley trust fund for the purposes of allocating contributions to participants be marked or obliterated only to prevent disclosure of an individual’s full social security number, as specified.This bill would require an owner, a developer, or the agent of an owner or developer, that, among other things, receives public funds from a public agency to perform specified public works projects, to make available upon written request from a joint labor-management committee, a multiemployer Taft-Hartley trust fund, or a specified tax-exempt organization specified public works records in their possession, including requests for bids and submitted bid documents, inspection and work logs, and funding documentation. The bill would subject an owner, a developer, the agent of an owner or developer, a contractor, and a subcontractor, for failing to comply with the provisions of this bill, to a penalty by the Labor Commissioner, as specified, and would deposit the penalties into a specified fund. (Based on 04/01/2024 text) Status: 04/02/2024 - Re-referred to Com. on JUD. AB 2455 (Gabriel) Whistleblower protection: state and local government procedures. (Amended 03/21/2024) Link Existing law authorizes a city, county, or city and county auditor or controller to maintain a whistleblower hotline to receive calls from persons who have information regarding fraud, April 9, 2024 Item #2 Page 35 of 105 21 waste, or abuse by local government employees, as specified. Existing law authorizes the county auditor to refer calls received on the whistleblower hotline to the appropriate government authority for review and possible investigation. During the initial review of a call, existing law requires the auditor, controller, or other appropriate governmental agency to hold in confidence information disclosed through the whistleblower hotline, as specified. Upon receiving specific information that an employee or local government has engaged in an improper activity, as defined, existing law authorizes a city or county auditor to conduct an investigative audit of the matter, as specified. This bill would expand the above-described duties and authorizations to the auditor’s or controller’s designee, as specified. The bill would recast information regarding fraud, waste, or abuse by local government employees as improper governmental activity, as defined, and expand its scope to include activity by a local agency, employee, or contractor or subcontractor. (Based on 03/21/2024 text) Status: 04/01/2024 - Re-referred to Com. on JUD. Calendar: 04/09/24 A-JUDICIARY 9 a.m. - State Capitol, Room 437 KALRA, ASH, Chair AB 2489 (Ward) Local agencies: contracts for special services and temporary help. (Amended 03/21/2024) Link Existing law relating to the government of counties authorizes a county board of supervisors to contract for certain types of special services on behalf of the county, any county officer or department, or any district or court in the county. Existing law requires those special services contracts to be with persons who are specially trained, experienced, expert, and competent to perform those services. This bill would require the board or a representative, at least 10 months before beginning a procurement process to contract with persons for special services that are currently, or were in the previous 10 years, performed by employees of the county represented by an employee organization, to notify, in writing, the exclusive employee representative of the workforce affected by the contract of its determination to begin that process. The bill would require persons with whom the board of supervisors enter into a contract for special services to perform functions that are currently, or were in the previous 10 years, performed by employees of the county, any county officer or department, or any district or court in the county represented by an employee organization to use employees who meet or exceed the minimum qualifications and standards required of bargaining unit civil service employees who perform or performed the same job functions, as specified. The bill would also require those persons to provide information to the county sufficient to show that their employees meet the minimum qualifications and standards. The bill would specify that these provisions do not apply to contracts between governmental entities. (Based on 03/21/2024 text) Status: 04/01/2024 - Re-referred to Com. on P.E. & R. 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 April 9, 2024 Item #2 Page 36 of 105 22 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. AB 2557 (Ortega) Local agencies: contracts for special services and temporary help: performance reports. (Amended 03/21/2024) Link (1)Existing law relating to the government of counties authorizes a county board of supervisors to contract for certain types of special services on behalf of the county, any county officer or department, or any district or court in the county. Existing law requires those special services contracts to be with persons who are specially trained, experienced, expert, and competent to perform those services.This bill would require each contract for special services to include specific performance standards and requirements. The bill would require the board or a representative, at least 10 months before beginning a procurement process to contract with persons for special services that are currently, or were in the prior 10 years, performed by employees of the county represented by an employee organization, to notify, in writing, the exclusive employee representative of the workforce affected by the contract of its determination to begin that process. The bill would require each person who enters into such a contract with the board of supervisors to submit quarterly performance reports, as prescribed, every 90 days, to the board of supervisors and the exclusive representative of the employee organization. The bill would require the board or its representative to monitor quarterly performance reports to evaluate the quality of services and withhold payments to the contractor under prescribed circumstances, which circumstances the bill would deem to be a breach of contract. The bill would require contract terms exceeding 2 years to undergo a performance audit, as prescribed, by an independent auditor approved by the board to determine whether the performance standards are being met.(2)Existing law authorizes a county board of supervisors to contract with temporary help firms for temporary help to assist county agencies, departments, or offices during any peak load, temporary absence, or emergency other than a labor dispute, if the board determines that it is in the economic interest of the county to do so. Existing law limits the use of temporary help to no more than 90 days for any single peak load, temporary absence, or emergency situation.This bill would impose requirements similar to those described in paragraph (1) for board contracts for temporary help, with reports and monitoring on a monthly basis.(3)Existing law relating to the government of cities authorizes the legislative body of a city to contract with any specially trained and experienced person, firm, or corporation for special services and advice in financial, economic, accounting, engineering, legal, or administrative matters.This bill would impose requirements similar to those described in paragraph (1) for city council contracts for special services.(4)Existing law authorizes the legislative body of a public or municipal corporation or district to contract with persons performing special services in regard to financial, economic, accounting, engineering, legal, and administrative matters if those persons are specially trained and experienced and competent to perform the special services required.This bill would impose requirements similar to those described in paragraph (1) for legislative body contracts for special services.(5)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 counties and cities, including charter counties and charter cities.(6)By imposing new duties on local government agencies, the bill would create a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs April 9, 2024 Item #2 Page 37 of 105 23 mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. (Based on 03/21/2024 text) Status: 04/01/2024 - Re-referred to Com. on P.E. & R. AB 2561 (McKinnor) Local public employees: vacant positions. (Amended 03/11/2024) Link Existing law, the Meyers-Milias-Brown Act (act), authorizes local public employees, as defined, to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on matters of labor relations. The act prohibits a public agency from, among other things, imposing or threatening to impose reprisals on employees, discriminating or threatening to discriminate against employees, or otherwise interfering with specified employee rights guaranteed by the act. This bill would require each public agency with bargaining unit vacancy rates exceeding 10% for more than 90 days within the past 180 days to meet and confer with a representative of the recognized employee organization to produce, publish, and implement a plan consisting of specified components to fill all vacant positions within the subsequent 180 days. The bill would require the public agency to present this plan during a public hearing to the governing legislative body and to publish the plan on its internet website for public review for at least one year. By imposing new duties on local public agencies, the bill would impose a state-mandated local program. The bill would also include findings that changes proposed by this bill address a matter of statewide concern. (Based on 03/11/2024 text) Status: 03/19/2024 - In committee: Hearing postponed by committee. 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. Calendar: 04/10/24 A-AGRICULTURE 1:30 p.m. - State Capitol, Room 126 SORIA, ESMERALDA, Chair April 9, 2024 Item #2 Page 38 of 105 24 AB 2751 (Haney) Employer communications during nonworking hours. (Amended 03/21/2024) Link Existing law, including statutory provisions and orders of the Industrial Welfare Commission, as enforced by the Division of Labor Standards Enforcement, regulates the wages, hours, and working conditions of employees. Existing law makes it a crime for an employer to require or cause any employee to work for longer hours than those fixed or under conditions of labor prohibited by an order of the commission or to violate or refuse or neglect to comply with specified statutes on wages, hours, and working conditions or any order or ruling of the commission.This bill would require a public or private employer to establish a workplace policy that provides employees the right to disconnect from communications from the employer during nonworking hours, except as specified. The bill would define the “right to disconnect” to mean that, except for an emergency or for scheduling, as defined, an employee has the right to ignore communications from the employer during nonworking hours. The bill would require nonworking hours to be established by written agreement between an employer and employee. The bill would authorize an employee to file a complaint of a pattern of violation of the bill’s provisions with the Labor Commissioner, punishable by a specified civil penalty. (Based on 03/21/2024 text) Status: 04/01/2024 - Re-referred to Com. on L. & E. AB 3219 (Sanchez) Advanced Clean Fleets Regulation: local governments. (Amended 03/11/2024) 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 provide that the requirements of the Advanced Clean Fleets Regulation do not apply to the purchase by a local government of vehicles with a gross vehicle weight rating greater than 8,500 pounds if the price of the zero-emission version of a vehicle is more than an unspecified percentage of the price of a comparable internal combustion engine version of that vehicle. This bill contains other existing laws. (Based on 03/11/2024 text) Status: 03/12/2024 - Re-referred to Com. on TRANS. SB 689 (Blakespear) Local coastal program: bicycle lane: amendment. (Amended 01/03/2024) Link April 9, 2024 Item #2 Page 39 of 105 25 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: Bill is on the Senate Floor. EN received finalized letter, tagged as support, submitted to Senate, and emailed delegation. 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. April 9, 2024 Item #2 Page 40 of 105 26 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: 04/03/2024 - From committee: Do pass as amended and re-refer to Com. on E. & C.A. (Ayes 9. Noes 2.) (April 2). Calendar: 04/04/24 #4 S-SENATE BILLS - SECOND READING FILE Health and Human Services SB 363 (Eggman) Facilities for inpatient and residential mental health and substance use disorder: database. (Amended 05/18/2023) Link Existing law generally requires the State Department of Public Health to license, inspect, and regulate health facilities, defined to include, among other types of health facilities, an acute psychiatric hospital. Existing law generally requires the State Department of Social Services to license, inspect, and regulate various types of care facilities, including, among others, a community crisis home. Existing law requires the State Department of Health Care Services to license and regulate facilities that provide residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services. This bill would require, by January 1, 2026, the State Department of Health Care Services, in consultation with the State Department of Public Health and the State Department of Social Services, and by conferring with specified stakeholders, to develop a real-time, internet-based database to collect, aggregate, and display information about beds in specified types of facilities, such as chemical dependency recovery hospitals, acute psychiatric hospitals, and April 9, 2024 Item #2 Page 41 of 105 27 mental health rehabilitation centers, among others, to identify the availability of inpatient and residential mental health or substance use disorder treatment. The bill would require the database to include a minimum of specific information, including the contact information for a facility’s designated employee, the types of diagnoses or treatments for which the bed is appropriate, and the target populations served at the facility, and have the capacity to, among other things, enable searches to identify beds that are appropriate for individuals in need of inpatient or residential mental health or substance use disorder treatment. This bill contains other related provisions. (Based on 05/18/2023 text) Status: 09/01/2023 - September 1 hearing: Held in committee and under submission. Position: Support Notes: 3/14/23 SG: Subcommittee approved support position 3/22/23 SG: Testified in support in Senate Health Committee 4/7/23 AB: Submitted letter of support to the Judiciary Committee and the Author. 4/7/23: EN emailed letter to delegation. 4/11/23 SG: Testified in support in Senate Judiciary Committee 4/24/23 SG: Testified in support in Senate Approps 6/6/23: EN submitted to Asm Health and emailed City, delegation, and governor's office. 6/13/23: AS testified in Asm Health. Homelessness AB 2338 (Jones-Sawyer) Statewide Homelessness Coordinator. (Amended 03/04/2024) Link Existing law establishes various programs to address homelessness, including requiring the Governor to create an Interagency Council on Homelessness. Existing law requires the council to, among other things, identify mainstream resources, benefits, and services that can be accessed to prevent and end homelessness in California and promote systems integration to increase efficiency and effectiveness to address the needs of people experiencing homelessness. This bill would require the Governor to appoint a Statewide Homelessness Coordinator, within the Governor’s office, to serve as the lead person for ending homelessness in California. This bill would require the coordinator to perform prescribed duties, including, among others, identifying a local leader in each relevant city, county, city and county, or other jurisdiction to serve as a liaison between the coordinator and that jurisdiction, overseeing homelessness programs, services, data, and policies between federal, state, and local agencies, coordinating the timing of release of funds and applications for funding for housing and housing-based services impacting Californians experiencing homelessness, and, in collaboration with local leaders, providing annual recommendations to the Legislature and the Governor, as specified. This bill contains other related provisions. (Based on 03/04/2024 text) Status: 03/13/2024 - In committee: Set, first hearing. Hearing canceled at the request of author. Housing and Land Use April 9, 2024 Item #2 Page 42 of 105 28 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 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 1657 (Wicks) The Affordable Housing Bond Act of 2024. (Amended 03/04/2024) Link Under existing law, there are programs providing assistance for, among other things, emergency housing, multifamily housing, farmworker housing, home ownership for very low and low-income households, and downpayment assistance for first-time home buyers. Existing law also authorizes the issuance of bonds in specified amounts pursuant to the State General Obligation Bond Law and requires that proceeds from the sale of these bonds be used to finance various existing housing programs, capital outlay related to infill development, brownfield cleanup that promotes infill development, and housing-related parks. This bill would enact the Affordable Housing Bond Act of 2024, which, if adopted, would authorize the issuance of bonds in the amount of $10,000,000,000 pursuant to the State General Obligation Bond Law. Proceeds from the sale of these bonds would be used to finance programs to fund affordable rental housing and homeownership programs, including, among others, the Multifamily Housing Program, the CalHome Program, and the Joe Serna, Jr. Farmworker April 9, 2024 Item #2 Page 43 of 105 29 Housing Grant Program. This bill would provide for submission of the bond act to the voters at the March 5, 2024, statewide general election in accordance with specified law. This bill contains other related provisions. (Based on 03/04/2024 text) Status: 03/04/2024 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. AB 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 04/01/2024) 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 20 business days of the submission of the preliminary application. For development fees imposed by an agency other than a city or county, the bill would require the development proponent to request the preliminary fee and exaction estimate from the agency that imposes the fee. This bill contains other related provisions and other existing laws. (Based on 04/01/2024 text) Status: 04/02/2024 - Re-referred to Com. on H. & C.D. April 9, 2024 Item #2 Page 44 of 105 30 Calendar: 04/10/24 A-HOUSING AND COMMUNITY DEVELOPMENT 9 a.m. - State Capitol, Room 437 WARD, CHRISTOPHER, Chair AB 1835 (Muratsuchi) Local educational agencies: housing development projects: allowable use: California Environmental Quality Act. (Introduced 01/16/2024) 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 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. (Amended 04/01/2024) Link The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Existing law, commonly referred to as the Housing Element Law, prescribes requirements for a city’s or county’s preparation of, and compliance with, its housing element, and requires the Department of Housing and Community Development to review and determine whether the housing element substantially complies with the Housing Element Law, as specified. If the department finds that a draft housing element or amendment does not substantially comply with the Housing Element Law, existing law requires the legislative body of the city or county to either (A) change the draft element or amendment to substantially comply with the Housing Element Law or (B) adopt the draft housing element or amendment without changes and make specified findings as to why the draft element or amendment substantially complies with the Housing Element Law despite the findings of the department. Existing law requires a planning agency to promptly submit an adopted housing element or amendment to the department and requires the department to review the adopted housing element or amendment and report its findings to the planning agency within 60 days. This bill would require a planning agency that makes the above-described findings as to why a draft housing element or amendment substantially complies with the Housing Element Law despite the findings of the department to submit those findings to the department. The bill would require the department to review April 9, 2024 Item #2 Page 45 of 105 31 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 04/01/2024 text) Status: 04/02/2024 - Re-referred to Com. on H. & C.D. Calendar: 04/10/24 A-HOUSING AND COMMUNITY DEVELOPMENT 9 a.m. - State Capitol, Room 437 WARD, CHRISTOPHER, Chair AB 1889 (Friedman) conservation element: wildlife and habitat connectivity. (Amended 04/01/2024) Link Existing law, the Planning and Zoning Law, requires the legislative body of a city or county to adopt a comprehensive general plan that includes various elements, including land use, housing, and conservation elements, as specified. Existing law requires the conservation element to consider the effect of development within the jurisdiction on natural resources located on public lands. This bill would additionally require the conservation element to consider the effect of development within the jurisdiction on the movement of wildlife and habitat connectivity. The bill would require the conservation element, upon the next update of one or more elements on or after January 1, 2026, to, among other things, identify and analyze connectivity areas, permeability, and natural landscape areas within the jurisdiction, identify and analyze existing or planned wildlife passage features, and consider the impacts of development and the barriers caused by development to wildlife and habitat connectivity. The bill would authorize a city, county, or city and county to incorporate by reference into their general plan an existing plan that meets these requirements. The bill would require a city, county, or city and county preparing to update its conservation element to consider incorporating appropriate standards, policies, and zoning, consult with specified entities, and consider relevant best available science. The bill would authorize a city, county, or city and county to consult with other appropriate entities and include the above-described required information in a separate component or section of the general plan entitled a wildlife connectivity element. The bill would include related legislative findings and declarations. By adding to the duties of county and city officials in the 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 04/01/2024 text) Status: 04/02/2024 - Re-referred to Com. on L. GOV. Calendar: 04/10/24 A-LOCAL GOVERNMENT 1:30 p.m. - State Capitol, Room 447 CARRILLO, JUAN, Chair AB 1893 (Wicks) Housing Accountability Act: housing disapprovals: required local findings. (Amended 04/01/2024) Link April 9, 2024 Item #2 Page 46 of 105 32 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 Under the act, one set of conditions available to a local agency for the finding necessary to disapprove a housing development project for very low, low-, or moderate-income households is that (A) the jurisdiction has adopted a housing element that is in substantial compliance with the Housing Element Law, and (B) the jurisdiction has met or exceeded its share of the regional housing need allocation for the planning period for the income category proposed for the housing development project. Existing law defines “housing for very low, low-, or moderate-income households” for purposes of the Housing Accountability Act to mean at least 20% of the total units shall be sold or rented to lower income households or 100% of the units are sold or rented to persons and families of moderate income. This bill would revise that definition to mean at least 10% of the units are dedicated to lower income households, 100% of the units are dedicated to lower income households at an affordable rent consistent with rent limits established by the California Tax Credit Allocation Committee, 100% of the units are sold or rented to persons and families of moderate income, or the housing development consists of 10 units or fewer. This bill would also repeal that set of conditions described above as a basis for the findings necessary to disapprove a housing development project for very low, low-, or moderate-income households. This bill contains other existing laws. (Based on 04/01/2024 text) Status: 04/02/2024 - Re-referred to Com. on H. & C.D. Calendar: 04/17/24 A-HOUSING AND COMMUNITY DEVELOPMENT 9 a.m. - State Capitol, Room 127 WARD, CHRISTOPHER, Chair AB 1932 (Ward) Personal income tax: mortgage interest deduction. (Amended 04/03/2024) Link The Personal Income Tax Law allows various deductions in computing the income that is subject to the taxes imposed by that law, including, in modified conformity with federal income tax laws, a deduction for a limited amount of interest paid on acquisition indebtedness, as defined, with respect to a qualified residence of the taxpayer. Existing law limits the aggregate amount treated as acquisition indebtedness for these purposes to $1,000,000, or $500,000 in the case of a married individual filing a separate return. Existing law specifies for these purposes that a qualified residence includes the taxpayer’s principal residence and one other residence selected by the taxpayer, as provided. This bill, for taxable years beginning on or after January 1, 2025, would disallow the deduction of acquisition indebtedness with respect to a qualified residence of a taxpayer other than the principal residence. This bill would require the Franchise Tax Board, in consultation with the Department of Finance, to estimate the amount of additional revenue resulting from the above-described modifications made with respect to the calculation of taxable income under the Personal Income Tax Law by this bill and to notify the Controller of that amount, as provided. The bill would establish the continuously appropriated Housing, April 9, 2024 Item #2 Page 47 of 105 33 Homeownership, and Homelessness Prevention Response Fund in the State Treasury, and would direct the Controller to transfer an amount from the General Fund to that fund equal to the above-described estimates. The bill would require the moneys be used for housing purposes, as specified. By establishing a continuously appropriated fund, this bill would make an appropriation. (Based on 04/03/2024 text) Status: 04/03/2024 - From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended. AB 2023 (Quirk-Silva) Housing element: inventory of land: rebuttable presumptions. (Amended 03/21/2024) Link The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Existing law, commonly referred to as the Housing Element Law, prescribes requirements for a city’s or county’s preparation of, and compliance with, its housing element, and requires the Department of Housing and Community Development to review and determine whether the housing element substantially complies with the Housing Element Law, as specified. Existing law requires the housing element to include an inventory of land suitable and available for residential development. If that inventory of sites does not identify adequate sites to accommodate the need for groups of all household income levels, as provided, existing law requires that the local government rezone sites within 3 years after the date the housing element is adopted or within one year if the local government fails to adopt a housing element that the department finds to be in substantial compliance with the Housing Element Law within 120 days of the statutory deadline to adopt the housing element. This bill, for the 7th and each subsequent revision of the housing element, would require a local government to complete the rezoning of sites within one year of the statutory deadline for the adoption of the housing element or the earlier of 3 years after the date the housing element is adopted or 90 days after receipt of comments from the department, as specified, if the local government satisfies certain requirements, including submitting a draft element or draft amendment to the department for review within specified timeframes and adopting a draft element or draft amendment that the department finds to be insubstantial compliance with the Housing Element Law, as specified. This bill contains other related provisions and other existing laws. (Based on 03/21/2024 text) Status: 04/01/2024 - Re-referred to Com. on H. & C.D. Calendar: 04/10/24 A-HOUSING AND COMMUNITY DEVELOPMENT 9 a.m. - State Capitol, Room 437 WARD, CHRISTOPHER, Chair 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 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. April 9, 2024 Item #2 Page 48 of 105 34 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: 04/02/2024 - In committee: Set, first hearing. Hearing canceled at the request of author. Calendar: 04/17/24 A-LOCAL GOVERNMENT 1:30 p.m. - State Capitol, Room 127 CARRILLO, JUAN, Chair AB 2199 (Berman) California Environmental Quality Act: exemption: residential or mixed-use housing projects. (Amended 03/18/2024) Link The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. Existing law, until January 1, 2025, exempts from CEQA residential or mixed-use housing projects, as defined, located in unincorporated areas of a county meeting certain requirements. Existing law requires a lead agency, if the lead agency determines that a residential or mixed-use housing project qualifies for this exemption from CEQA and determines to approve or carry out the project, to file a notice of exemption with the Office of Planning and Research and the county clerk in the county in which the project is located. This bill would extend the operation of that exemption indefinitely. By also extending indefinitely the requirement on a lead agency to determine the applicability of the exemption and to file a notice of exemption with the office and the county clerk, this bill would impose a state-mandated local program. (Based on 03/18/2024 text) Status: 03/19/2024 - Re-referred to Com. on NAT. RES. AB 2243 (Wicks) Affordable Housing and High Road Jobs Act of 2022: objective standards and affordability and site criteria. (Amended 03/19/2024) Link Existing law, the Affordable Housing and High Road Jobs Act of 2022, until January 1, 2033, authorizes a development proponent to submit an application for an affordable housing development or a mixed-income housing development that meets specified objective standards and affordability and site criteria, including being located within a zone where office, retail, or parking are a principally permitted use. The act makes a development that meets those objective standards and affordability and site criteria a use by right and subject to one of 2 streamlined, ministerial review processes depending on, among other things, the affordability requirements applicable to the project. This bill would make various changes to the objective standards and affordability and site criteria applicable to an affordable housing development or mixed-income housing development subject to the streamlined, ministerial review process April 9, 2024 Item #2 Page 49 of 105 35 under the act. Among other changes to those objective standards, the bill would prohibit an affordable housing development subject to the act from demolishing a historic structure that was placed on a national, state, or local historic register. (Based on 03/19/2024 text) Status: 03/20/2024 - Re-referred to Com. on H. & C.D. Calendar: 04/17/24 A-HOUSING AND COMMUNITY DEVELOPMENT 9 a.m. - State Capitol, Room 127 WARD, CHRISTOPHER, Chair 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. Calendar: 04/10/24 A-HOUSING AND COMMUNITY DEVELOPMENT 9 a.m. - State Capitol, Room 437 WARD, CHRISTOPHER, Chair 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. Calendar: 04/10/24 A-LOCAL GOVERNMENT 1:30 p.m. - State Capitol, Room 447 CARRILLO, JUAN, Chair April 9, 2024 Item #2 Page 50 of 105 36 AB 2485 (Carrillo, Juan) Regional housing need: determination. (Amended 03/19/2024) Link The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, which includes, among other mandatory elements, a housing element. That law requires, for the 4th and subsequent revisions of the housing element, the Department of Housing and Community Development (department) to determine the existing and projected need for housing for each region, as specified. That law requires the department, in consultation with the council of governments, to determine the existing and projected need of housing for each region in a specified manner. That law requires the department’s determination to be based upon population projections produced by the Department of Finance, as specified. That law also requires the department to meet and consult with the council of governments regarding the assumptions and methodologies to be used to determine each region’s housing need and requires the council of governments to provide data assumptions from the council of governments’ projections, as specified. That law authorizes the department to accept or reject the information provided by the council of governments and, after consultation with each council of governments, to make determinations on the council of governments’ data assumptions and the methodology the department will use to determine each region’s housing need. That law requires the department to provide its determinations to each council of governments, as specified. This bill would require the department to publish on its internet website the data sources, analyses, and methodology, as specified, prior to finalization of the regional determination. The bill would also require the department, for the 7th and subsequent revisions of the housing element, to assemble and convene an advisory panel that includes, among others, an expert on the data assumptions by each council of governments to advise the department on the assumptions and methodology it will use to determine each region housing need. The bill would also require the department to consult with the advisory panel before making determinations on the council of governments’ data assumptions and methodology it will use to determine each region’s housing need for the 7th and subsequent revisions of the housing element. The bill would also additionally require the department to publish its determination on its internet website. (Based on 03/19/2024 text) Status: 03/20/2024 - Re-referred to Com. on H. & C.D. Calendar: 04/17/24 A-HOUSING AND COMMUNITY DEVELOPMENT 9 a.m. - State Capitol, Room 127 WARD, CHRISTOPHER, Chair 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, April 9, 2024 Item #2 Page 51 of 105 37 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: 03/21/2024 - Referred to Coms. on L. GOV. and H. & C.D. Calendar: 04/10/24 A-LOCAL GOVERNMENT 1:30 p.m. - State Capitol, Room 447 CARRILLO, JUAN, Chair AB 2560 (Alvarez) Density Bonus Law: California Coastal Act of 1976. (Introduced 02/14/2024) Link Existing law, referred to as the Density Bonus Law, requires a city or county to provide a developer that proposes a housing development within the city or county with a density bonus and other incentives or concessions, as specified, if the developer agrees to construct specified percentages of units for lower income households or very low income households, and meets other requirements. Existing law, the California Coastal Act of 1976 (act), regulates development, as defined, in the coastal zone, as defined, and requires a new development to comply with specified requirements. The Density Bonus Law provides that its provisions do not supersede or in any way alter or lessen the effect or application of the act, and requires that any density bonus, concessions, incentives, waivers or reductions of development standards, and parking ratios to which an applicant is entitled under the Density Bonus Law be permitted in a manner consistent with the act. This bill would provide that any density bonus, concessions, incentives, waivers or reductions of development standards, and parking ratios to which an applicant is entitled under the Density Bonus Law be permitted notwithstanding the act. (Based on 02/14/2024 text) Status: 03/04/2024 - Referred to Coms. on H. & C.D. and NAT. RES. Calendar: 04/10/24 A-HOUSING AND COMMUNITY DEVELOPMENT 9 a.m. - State Capitol, Room 437 WARD, CHRISTOPHER, Chair 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 April 9, 2024 Item #2 Page 52 of 105 38 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 2583 (Berman) School zones and walk zones. (Amended 03/12/2024) Link Existing law, the Planning and Zoning Law, requires the legislative body of a city or county to adopt a comprehensive general plan that includes various elements, including a circulation element to plan for transportation routes. This bill would require, upon any substantive revision of the circulation element on or after January 1, 2025, the legislative body of a city or county, to identify and establish school walk zones for all schools located within the scope of the general plan. The bill would define a “school walk zone” to mean all roadways and sidewalks within1/2 mile 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 03/12/2024 text) Status: 03/13/2024 - Re-referred to Com. on TRANS. Calendar: 04/15/24 A-TRANSPORTATION 2:30 p.m. - 1021 O Street, Room 1100 WILSON, LORI, Chair 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) April 9, 2024 Item #2 Page 53 of 105 39 Status: 03/04/2024 - Referred to Com. on L. GOV. AB 2667 (Santiago) Affirmatively furthering fair housing: housing element: reporting. (Amended 04/01/2024) Link Existing law requires a public agency to administer its programs and activities relating to housing and community development in a manner to affirmatively further fair housing, and take no action that is materially inconsistent with its obligation to affirmatively further fair housing. Existing law defines “affirmatively furthering fair housing” as taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws.This bill would require the Department of Housing and Community Development to develop a standardized reporting format for programs and actions taken with regards to the local agency affirmatively further fair housing that enables the reporting of the assessment components described-above, as specified. The bill would require local governments to utilize the standardized reporting format for the 7th and each subsequent revision of the housing element. This bill contains other related provisions and other existing laws. (Based on 04/01/2024 text) Status: 04/02/2024 - Re-referred to Com. on H. & C.D. Calendar: 04/17/24 A-HOUSING AND COMMUNITY DEVELOPMENT 9 a.m. - State Capitol, Room 127 WARD, CHRISTOPHER, Chair AB 2684 (Bryan) Safety element: extreme heat. (Introduced 02/14/2024) Link The Planning and Zoning Law requires the legislative body of a city or county to adopt a comprehensive, long-term general plan that includes various elements, including, among others, a safety element for the protection of the community from unreasonable risks associated with the effects of various geologic and seismic hazards, flooding, and wildland and urban fires. Existing law requires the planning agency to review and, if necessary, revise the safety element upon each revision of its housing element or local hazard mitigation plan, but not less than once every 8 years, to identify new information relating to flood and fire hazards and climate adaptation and resiliency strategies applicable to the city or county that was not available during the previous revision of the safety element. This bill would require a city or county, upon the next revision of its local hazard mitigation plan on or after January 1, 2024, to review and update its safety element as necessary to address the hazard of extreme heat, as specified. The bill, after the initial revision of the safety element pursuant to these provisions, would require the planning agency to review and revise the safety element upon each revision of the housing element or local hazard mitigation plan to identify new information relating to extreme heat hazards and climate adaptation and resiliency strategies that was not available during the previous revision of the safety element. 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 02/14/2024 text) April 9, 2024 Item #2 Page 54 of 105 40 Status: 03/04/2024 - Referred to Coms. on L. GOV. and E.M. Calendar: 04/10/24 A-LOCAL GOVERNMENT 1:30 p.m. - State Capitol, Room 447 CARRILLO, JUAN, Chair Notes: 4/3/24: S. Gonsalves requested priority tag. AB 2712 (Friedman) Preferential parking privileges: transit-oriented development. (Amended 03/21/2024) Link Existing law authorizes a local authority, by ordinance or resolution, to prohibit or restrict the stopping, parking, or standing of vehicles on certain streets or highways during all or certain hours of the day. Existing law authorizes the ordinance or resolution to include a designation of certain streets upon which preferential parking privileges are given to residents and merchants adjacent to the streets for their use and the use of their guests, under which the residents and merchants may be issued permits that exempt them from the prohibition or restriction of the ordinance or resolution.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 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, for a residential, commercial, or other development project that is exempt from minimum automobile parking requirements and located within a preferential parking area, would require the development project to be excluded from the boundaries of the preferential parking area and would prohibit the local authority, as defined, from issuing any permit to the residents, vendors, or visitors of the development project that grants preferential parking privileges. The bill would also authorize a local authority to issue permits to residents, vendors, and visitors of the development project that is within the boundaries of a preferential parking area if the local authority makes written findings that including the development project would not have a substantially negative impact on the preferential parking area, as specified.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. (Based on 03/21/2024 text) Status: 04/01/2024 - Re-referred to Com. on L. GOV. Calendar: 04/10/24 A-LOCAL GOVERNMENT 1:30 p.m. - State Capitol, Room 447 CARRILLO, JUAN, Chair AB 2728 (Gabriel) Planning and zoning: housing development: independent institutions of higher education and religious institutions. (Amended 03/11/2024) Link The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan that includes, among other mandatory elements, a housing element. That law requires the housing element to include a program that sets forth a schedule of actions during the planning period, each with a timeline for implementation, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and April 9, 2024 Item #2 Page 55 of 105 41 objectives of the housing element, as specified. That law requires the city’s or county’s planning agency, after the legislative body has adopted a general plan, to submit an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development. Existing law, the Affordable Housing on Faith and Higher Education Lands Act of 2023 (the act), requires a housing development project on certain lands owned by an independent institution of higher education or a religious institution to be a use by right if the development project satisfies specified criteria, including that a specified percentage of the development project’s total units are for lower income households. This bill would require the program in the housing element to develop a plan that incentivizes and promotes the production of very low, low-, and moderate-income housing on land owned by religious institutions and independent institutions of higher education. The bill would require a local government to include in the annual report specified information relating to housing development projects under the act, including the number of applications submitted and the total number of building permits issued under the act. The bill would require the Department of Housing and Community Development to develop a list of existing state grants and financial incentives in connection with the planning, construction, and operation of very low, low-, and moderate-income housing on land owned by religious institutions and independent institutions of higher education, and to develop a set of model partnership agreements that can be used by those institutions when they partner with an affordable housing builder. (Based on 03/11/2024 text) Status: 03/12/2024 - Re-referred to Com. on H. & C.D. Calendar: 04/10/24 A-HOUSING AND COMMUNITY DEVELOPMENT 9 a.m. - State Capitol, Room 437 WARD, CHRISTOPHER, Chair 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. Calendar: 04/10/24 A-LOCAL GOVERNMENT 1:30 p.m. - State Capitol, Room 447 CARRILLO, JUAN, Chair AB 2746 (Villapudua) Employee Housing Act: agricultural housing. (Introduced 02/15/2024) Link April 9, 2024 Item #2 Page 56 of 105 42 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. AB 2825 (Boerner) Accessory dwelling units: inspections: housing purposes. (Amended 03/21/2024) Link Existing law, the Planning and Zoning Law, authorizes a local agency, by ordinance, to provide for the creation of accessory dwelling units (ADUs) in areas zoned for residential use, as specified. Existing law requires ministerial approval of ADUs, as specified, if the local agency does not adopt an ordinance governing ADUs. Under existing law, a local agency is also required to ministerially approve an application for a building permit within a residential or mixed-use zone to create any of specified variations of ADUs. Existing law also authorizes a local agency to provide for the creation of junior accessory dwelling units (JADUs) in single-family residential zones, as specified. This bill would authorize a local agency to adopt an ordinance that allows the local agency to inspect an ADU or JADU to ensure that the unit is used for dwelling purposes consistent with specified requirements. (Based on 03/21/2024 text) Status: 04/01/2024 - Re-referred to Com. on H. & C.D. 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 April 9, 2024 Item #2 Page 57 of 105 43 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: 03/11/2024 - Referred to Com. on H. & C.D. 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: 03/11/2024 - Referred to Com. on L. GOV. Calendar: 04/17/24 A-LOCAL GOVERNMENT 1:30 p.m. - State Capitol, Room 127 CARRILLO, JUAN, Chair 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 April 9, 2024 Item #2 Page 58 of 105 44 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: 03/11/2024 - Referred to Coms. on L. GOV. and H. & C.D. Calendar: 04/10/24 A-LOCAL GOVERNMENT 1:30 p.m. - State Capitol, Room 447 CARRILLO, JUAN, Chair AB 2967 (Ting) Teacher Housing Act of 2016: definitions. (Amended 03/21/2024) 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 “teacher or school district employee” to mean any person employed by a unified school district maintaining prekindergarten, transitional kindergarten, and grades 1 to 12, inclusive, an elementary school district maintaining prekindergarten, transitional kindergarten, and grades 1 to 8, inclusive, or a high school district maintaining grades 9 to 12, inclusive, including, but not limited to, certificated and classified staff. This bill would expand the definition of a teacher or school district employee to include a person employed by a nonprofit organization operating early childhood, prekindergarten, or school-aged childcare classrooms and programs on school district property with funding from the State Department of Education, the federal Head Start program, or other public funding targeted to children from families of low and moderate income. (Based on 03/21/2024 text) Status: 04/01/2024 - Re-referred to Com. on H. & C.D. Calendar: 04/17/24 A-HOUSING AND COMMUNITY DEVELOPMENT 9 a.m. - State Capitol, Room 127 WARD, CHRISTOPHER, Chair AB 3012 (Grayson) Development fees: fee schedule template: fee estimate tool. (Amended 03/11/2024) Link Existing law, the Permit Streamlining Act, which is part of the Planning and Zoning Law, requires each public agency to provide a development project applicant with a list that specifies the information that will be required from any applicant for a development project. The act requires a city, county, or special district that has an internet website to make available on its internet website certain information, as applicable, including its current schedule of fees and exactions. This bill would require a city or county that has an internet website to make a fee estimate tool that the public can use to calculate an estimate of fees and exactions, as specified, for a proposed housing development project available on its internet website. The bill authorizes the city or county to choose the format of the fee estimate tool. The bill would require a city or county with a population of greater than 500,000 to meet these requirements on or before July 1, 2031. The bill would require a city or county with a population of 500,000 or less to meet these requirements on or before July 1, 2032. By requiring a city or county to include a fee estimate tool on its internet website, the bill would impose a state-mandated local program. (Based on 03/11/2024 text) April 9, 2024 Item #2 Page 59 of 105 45 Status: 03/12/2024 - Re-referred to Com. on L. GOV. Calendar: 04/17/24 A-LOCAL GOVERNMENT 1:30 p.m. - State Capitol, Room 127 CARRILLO, JUAN, Chair 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 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: 04/03/2024 - In committee: Hearing postponed by committee. 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: 03/11/2024 - Referred to Coms. on H. & C.D. and L. GOV. AB 3122 (Kalra) Streamlined housing approvals: objective planning standards. (Introduced 02/16/2024) Link April 9, 2024 Item #2 Page 60 of 105 46 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 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: 03/21/2024 - Referred to Coms. on H. & C.D. and L. GOV. Calendar: 04/17/24 A-HOUSING AND COMMUNITY DEVELOPMENT 9 a.m. - State Capitol, Room 127 WARD, CHRISTOPHER, Chair 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 April 9, 2024 Item #2 Page 61 of 105 47 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: 03/21/2024 - Referred to Coms. on H. & C.D. and L. GOV. 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. SB 37 (Caballero) Older Adults and Adults with Disabilities Housing Stability Act. (Amended 01/22/2024) Link Existing law establishes various programs to address homelessness, including requiring the Governor to create an Interagency Council on Homelessness and establishing the Homeless Emergency Aid program for the purpose of providing localities with one-time grant funds to address their immediate homelessness challenges, as specified. Existing law commits to the Department of Housing and Community Development the administration of various housing assistance programs, including provisions relating to residential hotel rehabilitation and tasks the department, in consultation with each council of governments, with the determination of each region’s existing and projected housing need. This bill would, upon an appropriation by the Legislature for this express purpose, require the Department of Housing and Community Development, commencing January 1, 2025, to begin developing the Older Adults and Adults with Disabilities Housing Stability Pilot Program. The bill would require the department, in administering the program, to offer competitive grants to nonprofit community-based organizations, continuums of care, public housing authorities, and area agencies on aging, as specified, to administer a housing subsidy program for older adults and adults with disabilities who are experiencing homelessness or at risk of homelessness, as defined, in up to 5 April 9, 2024 Item #2 Page 62 of 105 48 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. 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 April 9, 2024 Item #2 Page 63 of 105 49 adopt ordinances establishing requirements for parking, and permits variances to be granted from the parking requirements of a zoning ordinance for nonresidential development if the variance will be an incentive to the development and the variance will facilitate access to the development by patrons of public transit facilities. Existing law prohibits a public agency from imposing any minimum automobile parking requirement on any residential, commercial, or other development project, as defined, that is located within 1/2 mile of public transit, as defined. Existing law, notwithstanding the above-described prohibition, authorizes a city, county, or city and county to impose or enforce minimum automobile parking requirements on a housing development project if specified conditions are met. Existing law authorizes a local authority to authorize preferential parking for designated groups to park on specified streets if the local authority determines that use of the permits will not adversely affect parking conditions for residents and merchants in the area. This bill would prohibit a local authority from issuing any permit conferring preferential parking privileges to any residents or vendors of any developments within 1/2 mile of public transit and exempt from parking minimums. The bill would require the local authority to revise the boundaries of any such preferential parking district to exclude those developments from its boundaries. The bill would make related findings and declarations, and state that it is the intent of the Legislature to discourage car use by incentivizing development near public transit. The bill finds that reducing greenhouse gases and dependence on car use is a matter of statewide concern and not a municipal affair, and this bill applies to all cities, including charter cities. By changing the duties of local planning officials, this bill would impose a state-mandated local program. (Based on 02/22/2024 text) Status: 02/29/2024 - Re-referred to Com. on RLS. pursuant to Assembly Rule 96. SB 937 (Wiener) Development projects: permits and other entitlements: fees and charges. (Amended 04/01/2024) Link The Planning and Zoning Law requires each county and each city to adopt a comprehensive, long-term general plan for its physical development, and the development of specified land outside its boundaries, that includes, among other mandatory elements, a housing element. Existing law, the Permit Streamlining Act, among other things, requires a public agency that is the lead agency for a development project to approve or disapprove that project within specified time periods. Existing law extended by 18 months the period for the expiration, effectuation, or utilization of a housing entitlement, as defined, that was issued before, and was in effect on, March 4, 2020, and that would expire before December 31, 2021, except as specified. Existing law provides that if the state or a local agency extended the otherwise applicable time for the expiration, effectuation, or utilization of a housing entitlement for not less than 18 months, as specified, that housing entitlement would not be extended an additional 18 months pursuant to these provisions. This bill would extend by 24 months the period for the expiration, effectuation, or utilization of a housing entitlement, 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 24-month extension during any time that the housing entitlement is the subject of a legal challenge. By adding to the duties of local officials with respect to housing entitlements, this bill would impose a state-mandated local program. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. This bill contains other related provisions and other existing laws. (Based on 04/01/2024 text) April 9, 2024 Item #2 Page 64 of 105 50 Status: 04/03/2024 - VOTE: Do pass as amended, but first amend, and re-refer to the Committee on [Housing] (PASS) Position: Pending Oppose Notes: 3/21/24: EN tagged as pending oppose. Sharon sent draft letter to the City for review. SB 951 (Wiener) California Coastal Act of 1976: coastal zone: coastal development. (Amended 04/03/2024) Link Existing law requires a city or county to prepare and adopt a general plan for its jurisdiction that contains certain mandatory elements, including a housing element. Existing law requires the housing element to identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, among other things. Existing law requires the housing element to contain an assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. Existing law requires rezoning, including adoption of minimum density and development standards, as specified, when an inventory of sites does not identify adequate sites to accommodate the need for groups of specified household income levels. This bill would additionally apply specified rezoning standards for any necessary local coastal program updates for jurisdictions located within the coastal zone. By imposing new duties on local governments with regard to the administration of housing elements, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 04/03/2024 text) Status: 04/03/2024 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on N.R. & W. 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 April 9, 2024 Item #2 Page 65 of 105 51 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: 03/20/2024 - March 19 set for first hearing. Failed passage in committee. (Ayes 2. Noes 4.) Reconsideration granted. SB 1037 (Wiener) Planning and zoning: housing element: enforcement. (Amended 03/19/2024) Link Existing law, the Planning and Zoning Law, requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. The Planning and Zoning Law requires the Department of Housing and Community Development (HCD) to determine whether the housing element is in substantial compliance with specified provisions of that law. The Planning and Zoning Law requires HCD to notify a city, county, or city and county, and authorizes HCD to notify the office of the Attorney General, that the city, county, or city and county is in violation of state law if the local government has taken action in violation of specified provisions of law. The Planning and Zoning Law also requires, among other things, that an application for a housing development be subject to a specified streamlined, ministerial approval process if the development satisfies certain objective planning standards. This bill, in any action brought by the Attorney General, on behalf of HCD or in an independent capacity, to enforce the adoption of housing element revisions, as specified, or to enforce any state law that requires a city, county, or local agency to ministerially approve any land use decision or permitting application for a housing development project, as specified, would subject the city, county, or local agency to specified remedies, including a civil penalty of, at minimum, $10,000 per month, and not exceeding $50,000 per month, for each violation, as specified. The bill would require these civil penalties, as specified, to be deposited into the Building Homes and Jobs Trust Fund for the sole purpose of supporting the development of affordable housing located in the affected jurisdiction, except as provided, and would require that expenditure of any penalty moneys deposited into the fund under these provisions be subject to appropriation by the Legislature. In the event a city, county, or local agency fails to pay civil penalties imposed by the court, the bill would authorize the court to require the Controller to intercept any available state and local funds and direct those funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay, as specified. The bill would make a related statement of legislative findings and declarations. (Based on 03/19/2024 text) Status: 04/03/2024 - Re-referred to Coms. on HOUSING and JUD. 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, April 9, 2024 Item #2 Page 66 of 105 52 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: 03/13/2024 - March 19 set for first hearing canceled at the request of author. SB 1077 (Blakespear) Coastal resources: coastal development permits: accessory and junior accessory dwelling units. (Amended 04/01/2024) 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 permit is not required for specified types of development in specified areas, as provided, including improvements to existing single-family residences, provided that the commission shall specify, by regulation, those classes of development that involve a risk of adverse environmental effect and shall require that a coastal development permit be obtained pursuant to the act. This bill would specify, for the purposes of a coastal development permit not being required for improvements to existing single-family residences, that the exception includes the addition of an accessory dwelling unit or a junior accessory dwelling unit that is attached to an existing residential structure, as defined, and the conversion of an existing structure into an accessory dwelling unit or a junior accessory dwelling unit. 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 04/01/2024 text) Status: 04/01/2024 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on N.R. & W. 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 1092 (Blakespear) Coastal resources: multifamily housing development: coastal development permits: appeals: report. (Amended 04/03/2024) Link April 9, 2024 Item #2 Page 67 of 105 53 The California Coastal Act of 1976, among other things, requires anyone wishing to perform or undertake any development in the coastal zone, in addition to obtaining any other permit required by law from any local government or from any state, regional, or local agency, to obtain a coastal development permit from the California Coastal Commission or a local government, as provided. The act authorizes an appeal to the commission for any action taken by a local government on coastal development permit applications, as provided. The act requires the commission to hear the appeal and establishes specified appeal procedures, as provided. This bill would require the commission, on or before January 1, 2028, to provide a report to the Legislature that provides information regarding appeals relating to multifamily housing developments, as defined, including, among other things, the percentage of coastal development permits for multifamily housing developments that are appealed, approved, and denied. (Based on 04/03/2024 text) Status: 04/03/2024 - Re-referred to Coms. on N.R. & W. and HOUSING. From committee with author's amendments. Read second time and amended. Re-referred to Com. on N.R. & W. 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. (Amended 03/18/2024) Link Existing law provides for the disposal of land owned by a local agency that is surplus and is not necessary for the agency’s use. The local agency is required to declare the land either “surplus land” or “exempt surplus land,” as prescribed. Existing law sets forth procedures for the disposal of surplus land and provides that these procedures do not apply to exempt surplus land. Existing law, for prescribed surplus land parcels developed with residential units, requires minimum percentages of residential units developed on the parcel to be sold or rented at affordable housing cost or affordable rent.This bill, with regard to surplus land, would require each parcel of land to be considered a distinct unit of surplus land, with the exception of contiguous parcels that are disposed of simultaneously to the same receiving entity or any entity working in concert with another receiving entity, which parcels the bill would require to be treated as a single unit of land. (Based on 03/18/2024 text) Status: 04/03/2024 - Re-referred to Com. on L. GOV. SB 1210 (Skinner) New housing construction: electrical, gas, sewer, and water service connections: charges. (Amended 03/18/2024) Link The California Constitution establishes the Public Utilities Commission, with jurisdiction over all public utilities. Existing law defines the term “public utility” for certain purposes to include, among other corporations, every gas corporation, electrical corporation, water corporation, and sewer system corporation, where the service is performed for, or the commodity is delivered to, the public or any portion thereof. This bill would, for new housing construction, prohibit a connection, capacity, or other point of connection charge from a public utility, as defined, or a special district, including a municipal utility district, for electrical, gas, sewer, or water service from exceeding 1% of the reported building permit value of that housing unit. The bill would require a public utility or special district to issue an above-described charge over a period of at least 10 years commencing on the date when the housing unit is first occupied, as April 9, 2024 Item #2 Page 68 of 105 54 specified. The bill would require a public utility or special district to publicly report on its internet website the amount of any charge issued each year pursuant the above-described provision by the housing unit’s address. The bill would also require a public utility or special district to prioritize the processing, approval, scheduling, and completion of electrical, gas, sewer, and water service connections to new housing construction over the processing, approval, scheduling, and completion of service connections to all other structures. To the extent that this bill imposes new requirements on certain special districts, the bill would impose a state-mandated local program. This bill contains other existing laws. (Based on 03/18/2024 text) Status: 04/02/2024 - VOTE: Do pass as amended, but first amend, and re-refer to the Committee on [Local Government] (PASS) SB 1212 (Skinner) Investment entities: purchasing and acquisition interests in housing. (Amended 03/19/2024) 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 or acquiring 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 or acquisition 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, entities primarily engaged in the construction of housing, and governmental entities from the definition of “investment entity.” The bill would absolve a seller of housing from liability under these provisions if the seller obtains a written release signed by the buyer stating that the buyer is not an investment entity. (Based on 03/19/2024 text) Status: 03/19/2024 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD. Calendar: 04/30/24 S-JUDICIARY 1:30 p.m. - 1021 O Street, Room 2100 UMBERG, THOMAS, Chair 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 April 9, 2024 Item #2 Page 69 of 105 55 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 would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 02/16/2024 text) Status: 03/12/2024 - Set for hearing April 17. Calendar: 04/17/24 S-ENVIRONMENTAL QUALITY 9 a.m. - 1021 O Street, Room 1200 ALLEN, BENJAMIN, Chair 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 April 9, 2024 Item #2 Page 70 of 105 56 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: 03/20/2024 - From committee: Do pass and re-refer to Com. on E.Q. (Ayes 9. Noes 0.) (March 19). Re-referred to Com. on E.Q. SB 1438 (Niello) Housing First: sober housing. (Amended 04/01/2024) 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, among others, services that are informed by a harm reduction philosophy that recognizes drug and alcohol use and addiction as a part of tenants’ lives, where tenants are engaged in nonjudgmental communication regarding drug and alcohol use, and where tenants are offered education regarding how to avoid risky behaviors and engage in safer practices, as specified, and 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 the eviction prohibition described above to authorize a tenant’s eviction based upon the use of drugs or alcohol, without other lease violations, when children are housed in the same location. The bill would also authorize a state department or agency to authorize programs to fund recovery housing or housing models that, in conjunction with nonclinical substance use-specific services, peer support, and physical design features that support individuals and families on a path to recovery from addiction, emphasize abstinence from substance use, if the program uses at least 75% of its funding in each county on housing or housing-based services that use a harm reduction model and meets other specified requirements. The bill would require the authorizing state department or agency to conduct periodic monitoring of the abstinence-focused recovery housing to ensure compliance with these requirements. (Based on 04/01/2024 text) April 9, 2024 Item #2 Page 71 of 105 57 Status: 04/03/2024 - April 2 set for first hearing. Failed passage in committee. (Ayes 2. Noes 5.) Reconsideration granted. 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 April 9, 2024 Item #2 Page 72 of 105 58 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 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. (Amended 03/13/2024) 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 any public notice that is legally required to be published in a newspaper of general circulation to be published in the newspaper’s print publication, on the newspaper’s internet website or electronic newspaper available on the internet, and on a statewide internet website maintained as a repository for notices by a majority of California newspapers of general circulation, as specified. 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. The bill would also require a state or local agency that maintains an internet website and publishes a public notice to include a reasonably accessible link on its internet website to the statewide internet website, currently capublicnotice.com, where the public notice will appear. By imposing new duties on local government agencies, the bill would create a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 03/13/2024 text) April 9, 2024 Item #2 Page 73 of 105 59 Status: 03/19/2024 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (March 19). Re-referred to Com. on APPR. AB 2302 (Addis) Open meetings: local agencies: teleconferences. (Introduced 02/12/2024) Link Existing law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body, as defined, of a local agency be open and public and that all persons be permitted to attend and participate. The act generally requires for teleconferencing that the legislative body of a local agency that elects to use teleconferencing post agendas at all teleconference locations, identify each teleconference location in the notice and agenda of the meeting or proceeding, and have each teleconference location be accessible to the public. Existing law also requires that, during the teleconference, at least a quorum of the members of the legislative body participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. Existing law, until January 1, 2026, authorizes the legislative body of a local agency to use alternative teleconferencing in specified circumstances if, during the teleconference meeting, at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda that is open to the public and situated within the boundaries of the territory over which the local agency exercises jurisdiction, and the legislative body complies with prescribed requirements. Existing law imposes prescribed restrictions on remote participation by a member under these alternative teleconferencing provisions, including establishing limits on the number of meetings a member may participate in solely by teleconference from a remote location, prohibiting such participation for a period of more than 3 consecutive months or 20% of the regular meetings for the local agency within a calendar year, or more than 2 meetings if the legislative body regularly meets fewer than 10 times per calendar year. This bill would revise those limits, instead prohibiting such participation for more than a specified number of meetings per year, based on how frequently the legislative body regularly meets. The bill, for the purpose of counting meetings attended by teleconference, would define a “meeting” as any number of meetings of the legislative body of a local agency that begin on the same calendar day. This bill contains other related provisions and other existing laws. (Based on 02/12/2024 text) Status: 02/26/2024 - Referred to Com. on L. GOV. Calendar: 04/10/24 A-LOCAL GOVERNMENT 1:30 p.m. - State Capitol, Room 447 CARRILLO, JUAN, Chair 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 April 9, 2024 Item #2 Page 74 of 105 60 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 Calendar: 04/17/24 A-LOCAL GOVERNMENT 1:30 p.m. - State Capitol, Room 127 CARRILLO, JUAN, Chair Notes: 2/14/24: EN tagged as sponsor. 2/26/24: SG sent a draft sponsor letter to the City for review. 3/12/24: EN received finalized letter, submitted to Assembly Local Government, and emailed author's office. 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 April 9, 2024 Item #2 Page 75 of 105 61 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 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 04/03/2024) Link Existing law makes theft a crime, and distinguishes between grand theft and petty theft. Existing law 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. Existing law makes a first conviction for petty theft involving merchandise taken from a merchant’s premises punishable by a mandatory fine and as a misdemeanor. This bill would require the Department of Justice to determine the number of misdemeanor convictions for a crime of theft for which the property was taken from a retail April 9, 2024 Item #2 Page 76 of 105 62 establishment during the Governor’s declared state of emergency related to the COVID-19 pandemic, and to report that information to the Legislature on or before January 1, 2026. (Based on 04/03/2024 text) Status: 04/03/2024 - From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. AB 1775 (Haney) Cannabis: retail preparation, sale, and consumption of noncannabis food and beverage products. (Amended 04/03/2024) 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 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, 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 04/03/2024 text) Status: 04/03/2024 - Read second time and amended. AB 1779 (Irwin) Theft: jurisdiction. (Amended 03/11/2024) Link Existing law defines types of theft, including petty theft, grand theft, and shoplifting. Existing law also defines the crimes of robbery and burglary. Existing law sets forth specific rules relating to the jurisdiction for the prosecution of theft by fraud, organized retail theft, and receiving stolen property, including that the jurisdiction for prosecution includes the county where an offense involving the theft or receipt of the stolen merchandise occurred, the county in which the merchandise was recovered, or the county where any act was done by the defendant in instigating, procuring, promoting, or aiding or abetting in the commission of a theft offense or other qualifying offense. Existing law jurisdictionally limits prosecution of each of the above to criminal actions brought by the Attorney General. This bill would no longer limit the jurisdictional rules for the above crimes to criminal actions brought by the Attorney General. If a case is brought by someone other than the Attorney General, the bill would require the April 9, 2024 Item #2 Page 77 of 105 63 prosecution to present written evidence in the jurisdiction of the proposed trial that all district attorneys in counties with jurisdiction over the offenses agree to the venue. The bill would require charged offenses from jurisdictions where there is not a written agreement from the district attorney to be returned to that jurisdiction. (Based on 03/11/2024 text) Status: 03/12/2024 - Re-referred to Com. on PUB. S. Calendar: 04/09/24 A-PUBLIC SAFETY 9 a.m. - State Capitol, Room 126 MCCARTY, KEVIN, Chair AB 1787 (Villapudua) Theft: shoplifting. (Amended 03/18/2024) 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 reduce the threshold amount for petty theft and shoplifting from $950 to $450. The bill would make a person guilty of petty theft with a prior offense if the person is convicted of petty theft or shoplifting and has one or more prior convictions for specified theft-related offenses and would make the crime punishable by imprisonment in the county jail for up to one year or as a felony for a term of 3, 5, or 7 years. This bill would make a person guilty of aggregated theft if the person commits 2 or more offenses of shoplifting within a 12-month period. The bill would require aggregated theft to be punished as a misdemeanor by imprisonment in the county jail not exceeding one year or as a felony for 16 months or for 2 or 3 years. The bill would require each additional offense of shoplifting after a conviction of aggregated theft to be punished as a felony for a term of 3, 5, or 7 years. The bill would make the above provisions effective only upon submission to, and approval by, the voters, as specified. (Based on 03/18/2024 text) Status: 03/19/2024 - Re-referred to Com. on PUB. S. AB 1794 (McCarty) Crimes: larceny. (Amended 04/01/2024) Link Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, makes the theft of money, labor, or property petty theft punishable as a misdemeanor, whenever the value of the property taken does not exceed $950. Under existing law, if the value of the property taken exceeds $950, the theft is grand theft, punishable as a misdemeanor or a felony. Proposition 47 requires shoplifting, defined as entering a commercial establishment with the intent to commit larceny if the value of the property taken does not exceed $950, to be punished as a misdemeanor. Under existing law, if the value of all property taken over the course of distinct but related acts motivated by one intention, general impulse, and plan exceeds $950, those values may be aggregated into a single charge of grand theft. This bill would clarify that those values may be aggregated even though the thefts occurred in different places or from different victims. The bill would also, declarative of existing law, provide that circumstantial evidence may be used to prove that multiple thefts were motivated April 9, 2024 Item #2 Page 78 of 105 64 by one intention, general impulse, and plan. The bill would, until January 1, 2030, also authorize counties to operate a program to allow retailers to submit details of alleged shoplifting directly to the county district attorney through an online portal on the district attorney’s internet website. The bill would require counties that participate in the program to conduct an evaluation and collect specified information, and to report that information to the Department of Justice, as specified. This bill contains other existing laws. (Based on 04/01/2024 text) Status: 04/02/2024 - Re-referred to Com. on PUB. S. Calendar: 04/09/24 A-PUBLIC SAFETY 9 a.m. - State Capitol, Room 126 MCCARTY, KEVIN, Chair Notes: Note: This bill is part of the Assembly’s Public Safety Retail Theft Package and an intent bill. AB 1802 (Jones-Sawyer) Crimes: organized theft. (Amended 04/01/2024) Link Existing law, until January 1, 2026, makes a person guilty of organized retail theft, punishable as a misdemeanor or a felony, as specified, if the person acts in concert with one or more persons to steal merchandise from one or more merchant’s premises or online marketplaces with the intent to sell or return the merchandise for value, acts in concert with 2 or more persons to receive, purchase, or possess merchandise knowing or believing it to have been stolen, acts as an agent of another to steal merchandise from one or more merchant’s premises or online marketplaces as part of an organized plan to commit theft, or recruits, coordinates, organizes, supervises, directs, manages, or finances another to undertake acts of theft. This bill would extend the operation of the crime of organized retail theft indefinitely. By extending the operation of an existing crime, this bill would create a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 04/01/2024 text) Status: 04/02/2024 - Re-referred to Com. on PUB. S. Position: Support Calendar: 04/09/24 A-PUBLIC SAFETY 9 a.m. - State Capitol, Room 126 MCCARTY, KEVIN, Chair Notes: 2/22/24: EN tagged as pending support. 2/26/24: SG sent a draft support letter to the City for review. 3/12/24: EN tagged as support, submitted to Asm PS, and emailed delegation. AB 1843 (Rodriguez) Emergency ambulance employees. (Amended 03/06/2024) Link Under the Emergency Ambulance Employee Safety and Preparedness Act, an initiative measure enacted by the voters as Proposition 11 at the November 6, 2018, statewide general election, every emergency ambulance employee is entitled to employer-paid mental health services through an employee assistance program (EAP), and requires the EAP coverage to provide up to 10 mental health treatments per issue per calendar year. The act defines “issue” for purposes of those provisions to mean mental health conditions such as, among other things, stress, depression, or substance abuse. This bill would instead require an EAP to provide up to 20 mental health treatments per issue per calendar year, and would include post-traumatic stress disorder in the definition of “issue” for purposes of those provisions. The bill would also require April 9, 2024 Item #2 Page 79 of 105 65 an EAP to schedule an appointment with a mental health treatment provider within 48 hours, upon request of an emergency ambulance employee. This bill would require an emergency ambulance provider to offer to all emergency ambulance employees, upon the employee’s request, peer-to-peer services to provide peer representatives who are available to come to the aid of their fellow employees on a broad range of emotional or professional issues. The bill would require a peer support program to be implemented through a labor-management agreement negotiated separately from a collective bargaining agreement covering affected employees. This bill would specify conditions under which prescribed confidential communications between an emergency ambulance employee and a peer support team member may be disclosed. The bill would specify that an emergency ambulance employee who provides peer support services as a member of a peer support team, and the ambulance agency that employs them, shall not be liable for damages unless an act, error, or omission in performing peer support services constitutes gross negligence or intentional misconduct, except for an action for medical malpractice. This bill contains other related provisions and other existing laws. (Based on 03/06/2024 text) Status: 03/14/2024 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (March 13). Re-referred to Com. on APPR. AB 1990 (Carrillo, Wendy) Criminal procedure: arrests: shoplifting. (Amended 03/18/2024) Link Existing law prohibits shoplifting, defined as entering a commercial establishment with intent to commit theft while that establishment is open during regular business hours, where the value of the property that is taken or intended to be taken does not exceed $950. Existing law requires an act that falls within this definition to be charged as shoplifting and not as burglary or theft. Under existing law, shoplifting is punishable as a misdemeanor, except when the defendant has prior convictions, as specified. Existing law authorizes a peace officer to make a warrantless arrest for a misdemeanor when the officer has probable cause to believe the person to be arrested has committed the misdemeanor in the officer’s presence. Existing law also authorizes a private person to make an arrest for a misdemeanor committed in their presence, and requires the person to deliver the arrested person to a peace officer or magistrate. Existing law additionally authorizes a merchant to detain a person for a reasonable time and in a reasonable manner to determine if a person has unlawfully taken merchandise. Existing law authorizes a peace officer to make a warrantless arrest for specified misdemeanors relating to domestic violence, violation of a restraining order, and carrying a concealed firearm at an airport that did not occur in the officer’s presence. This bill would authorize a peace officer to make a warrantless arrest for a misdemeanor shoplifting offense not committed in the officer’s presence if the officer has probable cause to believe that person has committed shoplifting. This bill contains other related provisions and other existing laws. (Based on 03/18/2024 text) Status: 03/19/2024 - Re-referred to Com. on PUB. S. Calendar: 04/09/24 A-PUBLIC SAFETY 9 a.m. - State Capitol, Room 126 MCCARTY, KEVIN, Chair AB 2021 (Bauer-Kahan) Crimes: selling or furnishing tobacco or related products and paraphernalia to underage persons. (Amended 03/20/2024) Link April 9, 2024 Item #2 Page 80 of 105 66 Existing law prohibits the sale or furnishing of tobacco or tobacco products or paraphernalia, as specified, to a person who is under 21 years of age. Under existing law, a violation of this prohibition is punishable by a fine of $200 for the first offense, $500 for the 2nd offense, and $1,000 for the 3rd offense, either as a misdemeanor or by a civil action, as specified. This bill would create a separate fine of $1,000 for the first offense, $5,000 for the 2nd offense, and $10,000 for the 3rd offense for firms, corporations, businesses, retailers, or wholesalers, who violate this prohibition. (Based on 03/20/2024 text) Status: 03/21/2024 - Re-referred to Com. on APPR. AB 2042 (Jackson) Police canines: standards and training. (Amended 03/21/2024) 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 03/21/2024 text) Status: 04/01/2024 - Re-referred to Com. on PUB. S. Calendar: 04/09/24 A-PUBLIC SAFETY 9 a.m. - State Capitol, Room 126 MCCARTY, KEVIN, Chair AB 2081 (Davies) Substance abuse: recovery and treatment programs. (Amended 03/13/2024) Link Existing law grants the State Department of Health Care Services the sole authority in state government to license adult alcoholism or drug abuse recovery or treatment facilities. The department is authorized to issue a license to specified types of facilities if certain criteria are met. Existing law requires licensees to report specified events and incidents to the department, including, among others, the death of a resident at a licensed facility. Existing law authorizes the department to investigate allegations of violations of governing law and take action upon a finding of a violation, as specified. This bill would require an operator of a licensed alcoholism or drug abuse recovery or treatment facility or certified alcohol or other drug program to include 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, and require the disclosure to be posted no later than 14 business days after the determination of violation. The bill would impose a $2,500 civil penalty for failure to comply with the internet website posting requirement. (Based on 03/13/2024 text) April 9, 2024 Item #2 Page 81 of 105 67 Status: 04/03/2024 - From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 15. Noes 0.) (April 2). Calendar: 04/04/24 #15 A-SECOND READING FILE -- ASSEMBLY BILLS 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. Calendar: 04/09/24 A-PUBLIC SAFETY 9 a.m. - State Capitol, Room 126 MCCARTY, KEVIN, Chair AB 2943 (Zbur) Crimes: shoplifting. (Amended 04/03/2024) Link Existing law divides theft into grand theft and petty theft. Existing law punishes petty theft as a misdemeanor while grand theft is punished as either a misdemeanor or a felony. Existing law lists specific types of theft which are grand theft and all other cases of theft as petty theft. Existing law authorizes a person to be charged with grand theft if the property taken exceeds $950 over the course of distinct but related acts. This bill would clarify that those related acts include acts committed against multiple victims or in counties other than the county of the current offense. The bill would also clarify that, in determining whether acts are motivated by one intention, one general impulse, and one plan, the court may consider, but is not limited to, evidence that the acts involve the same defendant or defendants, are substantially similar in nature, or occur within a 60-day period. This bill contains other related provisions and other existing laws. (Based on 04/03/2024 text) Status: 04/03/2024 - From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. Calendar: 04/09/24 A-PUBLIC SAFETY 9 a.m. - State Capitol, Room 126 MCCARTY, KEVIN, Chair AB 3241 (Pacheco) Law enforcement: police canines. (Introduced 02/16/2024) Link Existing law requires all law enforcement agencies to maintain a use of force policy, as specified, and requires the Commission on Peace Officer Standards and Training (POST) to April 9, 2024 Item #2 Page 82 of 105 68 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: 03/11/2024 - Referred to Com. on PUB. S. Calendar: 04/09/24 A-PUBLIC SAFETY 9 a.m. - State Capitol, Room 126 MCCARTY, KEVIN, Chair SB 21 (Umberg) Controlled substances. (Amended 01/17/2024) Link Existing law makes it a crime to possess for sale or purchase for purpose of sale, transport, or sell, various controlled substances, including, among others, fentanyl. This bill would require a person who is convicted of, or who pleads guilty or no contest to, the above-described crimes as they relate to fentanyl to receive a written advisory of the danger of distribution of controlled substances and that, if a person dies as a result of that action, the distributor can be charged with homicide or murder. The bill would require that the fact the advisory was given be on the record and recorded on the abstract of the conviction. This bill would authorize a defendant who is charged with the above-described crimes to undergo a treatment program in lieu of a grant of probation or a jail or prison sentence if certain conditions are met. The bill would require the treatment program to be developed by a drug addiction expert and would authorize a defendant to participate in a substance abuse and mental health evaluation. The bill would make any statement or information from the evaluation inadmissible in any action or proceeding. The bill would require the drug treatment program to be approved by the court and could include mental health treatment and job training. The bill would require the court to dismiss the charges upon successful completion of the treatment program. (Based on 01/17/2024 text) Status: 01/17/2024 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR. 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 April 9, 2024 Item #2 Page 83 of 105 69 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) Crimes: theft from a vehicle. (Amended 03/18/2024) 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 03/18/2024 text) Status: 04/03/2024 - From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (April 2). Position: Support Calendar: 04/04/24 #18 S-SENATE BILLS - SECOND READING FILE Notes: 2/22/24: EN tagged as pending support. 2/26/24: SG sent a draft support letter to the City for review. 3/12/24: EN tagged as support, submitted to Senate PS, and emailed delegation. 4/2/24: EN me too'd in Senate PS. SB 923 (Archuleta) Theft. (Amended 03/18/2024) 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 03/18/2024 text) Status: 03/26/2024 - Set for hearing April 16. Calendar: 04/16/24 S-PUBLIC SAFETY 8:30 a.m. - 1021 O Street, Room 2200 WAHAB, AISHA, Chair April 9, 2024 Item #2 Page 84 of 105 70 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: 03/12/2024 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (March 12). Re-referred to Com. on APPR. Calendar: 04/08/24 S-APPROPRIATIONS 10 a.m. - 1021 O Street, Room 2200 CABALLERO, ANNA, 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 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. April 9, 2024 Item #2 Page 85 of 105 71 Position: 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. 3/12/24: EN tagged as support, submitted to Sen PS, and emailed delegation. Revenue and Taxation AB 2274 (Dixon) Taxation: sales and use taxes: exemption: school supplies tax holiday. (Amended 03/21/2024) Link Existing sales and use tax laws impose taxes on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state, and provides various exemptions from the taxes imposed by those laws. This bill, on and after January 1, 2025, and before January 1, 2030, would exempt from those taxes the gross receipts from the sale of, and the storage, use, or other consumption of, qualified school supplies, as defined, purchased during the first weekend in August, beginning at 12:01 a.m. on Saturday and ending at 11:59 p.m. on Sunday. This bill contains other related provisions and other existing laws. (Based on 03/21/2024 text) Status: 04/01/2024 - Re-referred to Com. on REV. & TAX. In committee: Set, second hearing. Hearing canceled at the request of author. AB 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 April 9, 2024 Item #2 Page 86 of 105 72 The Personal Income Tax Law allows various deductions in computing the income that is subject to the taxes imposed by that law, including, in modified conformity with federal income tax laws, a deduction for a limited amount of interest paid on acquisition indebtedness, as defined, with respect to a qualified residence of the taxpayer. Existing law limits the aggregate amount treated as acquisition indebtedness for these purposes to $1,000,000, or $500,000 in the case of a married individual filing a separate return. Existing law specifies for these purposes that a qualified residence includes the taxpayer’s principal residence and one other residence selected by the taxpayer, as provided. This bill, for taxable years beginning on or after January 1, 2025, would disallow the deduction of acquisition indebtedness with respect to a qualified residence of a taxpayer other than the principal residence. This bill would require the Franchise Tax Board, in consultation with the Department of Finance, to estimate the amount of additional revenue resulting from the above-described modifications made with respect to the calculation of taxable income under the Personal Income Tax Law by this bill and to notify the Controller of that amount, as provided. This bill contains other related provisions and other existing laws. (Based on 02/14/2024 text) Status: 02/15/2024 - From printer. May be heard in committee March 16. AB 2854 (Irwin) Bradley-Burns Uniform Local Sales and Use Tax Law. (Amended 03/18/2024) Link The Bradley-Burns Uniform Local Sales and Use Tax Law (Bradley-Burns) authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law. Existing law, on or after January 1, 2016, prohibits a local agency from entering into any form of agreement that would result, directly or indirectly, in the payment, transfer, diversion, or rebate of Bradley-Burns local tax revenues to any person, as defined, for any purpose, if the agreement results in a reduction in the amount of Bradley-Burns local tax revenues that, in the absence of the agreement, would be received by another local agency and the retailer continues to maintain a physical presence within the territorial jurisdiction of that other local agency, with specified exceptions. This bill would require a local agency, as defined, to annually provide specified information relating to each agreement resulting in the direct or indirect payment, transfer, diversion, or rebate of Bradley-Burns local tax revenues to the California Department of Tax and Fee Administration. The bill would additionally require the local agency to publish that information on its internet website. The bill would impose monetary penalties on any local agency that fails to provide information to the department or fails to publish information to its internet website. By expanding the duties of local agencies, this bill would impose a state-mandated local program. This bill contains other existing laws. (Based on 03/18/2024 text) Status: 03/19/2024 - Re-referred to Com. on REV. & TAX. Calendar: 04/08/24 A-REVENUE AND TAXATION 2:30 p.m. - State Capitol, Room 126 IRWIN, JACQUI, Chair AB 2895 (Gipson) Tax administration. (Amended 03/18/2024) 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 April 9, 2024 Item #2 Page 87 of 105 73 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 appeals panels. This bill would establish in the Government Operations Agency the California Department of Tax and Fee Board and the Office of Tax Appeals Board to control the CDTFA and the OTA, respectively, as specified. The bill would require each board to consist of the Controller, Director of Finance, and Chairperson of the State Board of Equalization. This bill would require the boards to appoint a director, subject to confirmation by the Senate. This bill would specify that the OTA is in the Government Operations Agency and prohibit the Office of Tax Appeals Board from interfering with the decisionmaking process of the tax appeals panels. (Based on 03/18/2024 text) Status: 03/19/2024 - Re-referred to Com. on REV. & TAX. AB 3005 (Wallis) Motor Vehicle Fuel Tax Law: adjustment suspension. (Introduced 02/16/2024) Link The Motor Vehicle Fuel Tax Law, administered by the California Department of Tax and Fee Administration, imposes a tax upon each gallon of motor vehicle fuel removed from a refinery or terminal rack in this state, entered into this state, or sold in this state, at a specified rate per gallon. Existing law requires the department to adjust the tax on July 1 each year by a percentage amount equal to the increase in the California Consumer Price Index, as calculated by the Department of Finance. Article XIX of the California Constitution restricts the expenditure of revenues from the Motor Vehicle Fuel Tax Law, Diesel Fuel Tax Law, and other taxes imposed by the state on fuels used in motor vehicles upon public streets and highways to street and highway and certain mass transit purposes. This bill would authorize the Governor to suspend an adjustment to the motor vehicle fuel tax, as described above, scheduled on or after July 1, 2025, upon making a determination that increasing the rate would impose an undue burden on low-income and middle-class families. The bill would require the Governor to notify the Legislature of an intent to suspend the rate adjustment on or before January 10 of that year, and would require the Department of Finance to submit to the Legislature a proposal by January 10 that would maintain the same level of funding for transportation purposes as would have been generated had the scheduled adjustment not been suspended. This bill contains other related provisions and other existing laws. (Based on 02/16/2024 text) Status: 03/11/2024 - Referred to Com. on TRANS. ACA 18 (Wallis) Road usage charges: vote and voter approval requirements. (Introduced 02/16/2024) Link The California Constitution requires any change in state statute that increases the tax liability of any taxpayer to be imposed by an act passed by 2/3 of the membership of each house of the Legislature, and prohibits specified taxes on real property from being so imposed. For these purposes, the California Constitution defines a “tax” as any state levy, charge, or exaction, except as described in certain exceptions. The California Constitution describes one of those exceptions as a charge imposed for entrance to or use of state property, or the purchase, rental, or lease of state property, except charges governed by a specified provision of the April 9, 2024 Item #2 Page 88 of 105 74 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 April 9, 2024 Item #2 Page 89 of 105 75 program. This bill contains other related provisions and other existing laws. (Based on 02/14/2024 text) Status: 03/19/2024 - Set for hearing April 10. Calendar: 04/10/24 S-REVENUE AND TAXATION 9:30 a.m. - State Capitol, Room 112 GLAZER, STEVE, Chair 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: 03/19/2024 - Set for hearing April 10. Calendar: 04/10/24 S-REVENUE AND TAXATION 9:30 a.m. - State Capitol, Room 112 GLAZER, STEVE, Chair 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 April 9, 2024 Item #2 Page 90 of 105 76 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 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: 04/02/2024 - April 3 set for first hearing canceled at the request of author. 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 April 9, 2024 Item #2 Page 91 of 105 77 with the primary responsibility for the control of vehicular air pollution. Existing law requires the state board to adopt and implement motor vehicle emission standards, in-use performance standards, and motor vehicle fuel specifications for the control of air contaminants and sources of air pollution the state board has found to be necessary, cost effective, and technologically feasible, to carry out specified purposes, unless preempted by federal law. This bill would, if the state board requires a fleet owner to acquire zero-emission vehicles as part of its fleet, require the state board to authorize the rental of a zero-emission vehicle or vehicles for a cumulative total of 260 days in a calendar year to be deemed ownership of one zero-emission vehicle for purposes of meeting that obligation. (Based on 09/06/2023 text) Status: 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: 04/01/2024 - In committee: Set, first hearing. Hearing canceled at the request of author. 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) April 9, 2024 Item #2 Page 92 of 105 78 Status: 01/16/2024 - Referred to Com. on TRANS. Calendar: 04/08/24 A-TRANSPORTATION 2:30 p.m. - 1021 O Street, Room 1100 WILSON, LORI, Chair AB 1890 (Patterson, Joe) Public works: prevailing wage. (Introduced 01/22/2024) Link Existing law defines the term “public works” for the purposes of requirements regarding the payment of prevailing wages, the regulation of working hours, and the securing of workers’ compensation for public works projects. Existing law requires an entity awarding a public works contract, as specified, to provide notice to the Department of Industrial Relations. Existing law requires civil penalties to be imposed on an entity that fails to provide that required notice and authorizes the Labor Commissioner to issue a citation for civil penalties to an entity that fails to provide the required notice. This bill would additionally require the awarding body to provide notice to the department if there is a change in the identity of a contractor or subcontractor performing the project or, within 30 days, if the total amount of the contract change exceeds $10,000. By creating new notification requirements for public agencies, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 01/22/2024 text) Status: 03/14/2024 - Coauthors revised. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (March 13). Re-referred to Com. on APPR. AB 2037 (Papan) Weights and measures: electric vehicle chargers. (Amended 03/14/2024) Link Existing law regulates advertising that indicates the price of motor vehicle fuel, including electricity sold as a motor vehicle fuel. Existing law requires a county sealer to enforce the advertising requirements. Existing law makes a violation of these provisions a crime. Existing law defines “correct,” for purposes of testing and verifying the accuracy of a weighing or measuring device, as a weight or measure or a weighing, measuring, or counting instrument that meets certain tolerance and specification requirements. This bill would authorize a county sealer to test and verify as correct any electric vehicle charger operated by a public agency, as defined, that is located in the county in which the sealer has jurisdiction. The bill would require a county sealer to condemn and seize, or cause to be marked with a tag or other device with the words “out of order,” an incorrect, as defined, electronic vehicle charger operated by a public agency, as specified. The bill would authorize a county board of supervisors to charge an annual registration fee for the cost of inspecting and testing an electric vehicle charger operated by a public agency, as specified. The bill would authorize a county sealer to levy a civil penalty against a public agency, or an employee or agent thereof, that removes or obliterates a tag or device placed on an electric vehicle charger operated by a public agency, as specified. This bill contains other related provisions and other existing laws. (Based on 03/14/2024 text) Status: 03/18/2024 - Re-referred to Com. on APPR. AB 2234 (Boerner) Vehicles: electric bicycles. (Introduced 02/08/2024) Link April 9, 2024 Item #2 Page 93 of 105 79 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: 04/01/2024 - In committee: Hearing postponed by committee. Position: Sponsor Notes: 2/8/24: EN tagged as sponsor. 3/6/24: SG sent the City a draft letter for review. 3/12/24: EN received finalized letter, submitted to Assembly Transportation, and emailed author's office. AB 2290 (Friedman) Transportation: Class III bikeways: bicycle facilities: Bikeway Quick-Build Project Pilot Program. (Amended 04/01/2024) Link Existing law establishes the Active Transportation Program in the Department of Transportation for the purpose of encouraging increased use of active modes of transportation, such as biking and walking, with specified available funds to be allocated to eligible projects by the California Transportation Commission and regional transportation agencies. Existing law requires the commission to develop guidelines and project selection criteria for the program, as provided. Existing law establishes 4 classifications of bikeways and defines a “Class III bikeway” as a bikeway that provides a right-of-way on-street or off-street, designated by signs or permanent markings and shared with pedestrians and motorists. This bill would prohibit the allocation of Active Transportation Program funds for a project that creates a Class III bikeway unless the project is on a street with a design speed limit of 20 miles per hour or less or the project will reduce the design speed limit to 20 miles per hour or less. This bill contains other related provisions and other existing laws. (Based on 04/01/2024 text) Status: 04/02/2024 - Re-referred to Com. on TRANS. Calendar: 04/08/24 A-TRANSPORTATION 2:30 p.m. - 1021 O Street, Room 1100 WILSON, LORI, Chair 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 April 9, 2024 Item #2 Page 94 of 105 80 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: 04/01/2024 - In committee: Hearing postponed by committee. 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: 04/01/2024 - Referred to Com. on L. GOV. 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 April 9, 2024 Item #2 Page 95 of 105 81 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) 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. (Amended 04/01/2024) 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, that 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 enacting an ordinance in regard to autonomous vehicle services within that jurisdiction. The bill would require each city, county, or city and county that enacts an ordinance to include certain provisions within that ordinance. These would include a policy for entry into the business of providing autonomous vehicle services including a permitting program that includes, among other things, the establishment of reasonable vehicle caps and hours of service restrictions. This bill contains other related provisions and other existing laws. (Based on 04/01/2024 text) Status: 04/02/2024 - April 3 set for first hearing canceled at the request of author. April 9, 2024 Item #2 Page 96 of 105 82 Notes: Cal Cities Sponsored SB 955 (Seyarto) Office of Planning and Research: Infrastructure Gap-Fund Program. (Amended 03/19/2024) 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 local agencies to develop and construct infrastructure projects, as defined. The bill would authorize the office to provide funding for up to 20% of a project’s total cost, as specified. The bill would require the office to develop guidelines and criteria to implement the program. The bill would make these provisions operative January 1, 2027. (Based on 03/19/2024 text) Status: 04/03/2024 - From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 3). Calendar: 04/04/24 #10 S-SENATE BILLS - SECOND READING FILE SB 1098 (Blakespear) Passenger and freight rail: LOSSAN Rail Corridor. (Amended 03/20/2024) Link Existing law establishes the Department of Transportation in the Transportation Agency under the control of an executive officer known as the Director of Transportation. Existing law authorizes the Department of Transportation, subject to approval of the Secretary of Transportation, to enter into an interagency transfer agreement under which a joint powers board assumes responsibility for administering the state-funded intercity rail service in certain rail corridors, including the LOSSAN Rail Corridor. Existing law defines the LOSSAN Rail Corridor as the intercity passenger rail corridor between San Diego, Los Angeles, and San Luis Obispo. Pursuant to this authority, the department entered into an interagency transfer agreement with the LOSSAN Rail Corridor Agency to administer intercity passenger rail service in the LOSSAN Rail Corridor. This bill would require the Secretary of Transportation to provide guidance and recommendations to, and coordination between, stakeholders as necessary to ensure the performance of the LOSSAN Rail Corridor, as specified. This bill would also require the Secretary of Transportation, in consultation with the Director of Transportation, the California Transportation Commission, the Secretary for Environmental Protection, and the Secretary of the Natural Resources Agency, to submit a report to the Legislature on or before January 1, 2026, regarding the LOSSAN Rail Corridor that includes specified information. The bill would also require the Secretary of Transportation, in coordination with stakeholders responsible for operating rail services along the LOSSAN Rail Corridor, to submit a report to the Legislature on or before January 1, 2027, and biennially thereafter, on the performance of the LOSSAN Rail Corridor, as provided. This bill contains other related provisions and other existing laws. (Based on 03/20/2024 text) April 9, 2024 Item #2 Page 97 of 105 83 Status: 03/20/2024 - From committee with author's amendments. Read second time and amended. Re-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: 04/03/2024 - Set for hearing April 23. Calendar: 04/23/24 S-TRANSPORTATION 1:30 p.m. - 1021 O Street, Room 1200 CORTESE, DAVE, Chair SB 1271 (Min) Electric bicycles, powered mobility devices, and storage batteries. (Amended 03/20/2024) Link Existing law defines an electric bicycle as a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts, and classifies electric bicycles into 3 classes with different restrictions. Existing law requires manufacturers and distributors of electric bicycles to apply a label that is permanently affixed to each electric bicycle that contains, among other things, the classification number and motor wattage of the electric bicycle, as specified. A violation of the Vehicle Code is a crime. This bill would clarify that an electric bicycle is a bicycle equipped with fully operable pedals and an electric motor with continuous rated mechanical power of not more than 750 watts. The bill would, if an electric bicycle is capable of operating in multiple modes, require a manufacturer and distributor to include on the label the classification number of the highest classes of which it is capable of operating. Because the bill would impose new requirements for electric bicycles, the violation of which would be a crime, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 03/20/2024 text) Status: 03/26/2024 - Set for hearing April 9. Calendar: 04/09/24 S-TRANSPORTATION 1:30 p.m. - 1021 O Street, Room 1200 CORTESE, DAVE, Chair SB 1383 (Bradford) California Advanced Services Fund: Broadband Public Housing Account. (Amended 03/18/2024) Link April 9, 2024 Item #2 Page 98 of 105 84 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 revise the requirement that the broadband service be free to require certain grantees to provide residential subscribers with low-income communities with a free or low-cost broadband internet access service plan, as provided. The bill would authorize the commission to make grants to support the deployment of network devices to address barriers to consistent deployment of broadband services in a low-income community. The bill would specify that the requirement to provide a free or low-cost broadband internet access plan does not apply to a grantee that is awarded grants for the sole purpose of deployment network devices to improve broadband services. This bill contains other existing laws. (Based on 03/18/2024 text) Status: 04/02/2024 - VOTE: Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] (PASS) 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 April 9, 2024 Item #2 Page 99 of 105 85 public meeting no later than 60 days after the recommendation is made. This bill contains other existing laws. (Based on 02/16/2024 text) Status: 04/03/2024 - April 3 set for first hearing. Failed passage in committee. (Ayes 3. Noes 1.) Reconsideration granted. 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 April 9, 2024 Item #2 Page 100 of 105 86 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 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 2592 (Grayson) Local planning: housing elements: water and sewer services. (Amended 03/19/2024) Link The Planning and Zoning Law requires each city, county, or city and county to prepare and adopt a general plan for its jurisdiction that contains certain mandatory elements, including a housing element. Existing law requires a housing element to include an assessment of housing needs and an inventory of resources and constraints relevant to meeting those needs. That law also requires that the housing element adopted by the legislative body of the city, county, or city and county and any amendments made to that element be delivered to all public agencies or private entities that provide water or sewer services, as described, within the territory of the legislative body. Existing law requires each public agency or private entity providing water or sewer services to grant a priority for the provision of these services to proposed developments that include housing units affordable to lower income households. Existing law also requires a public agency or private entity providing water or sewer services to adopt written policies and procedures not later than July 1, 2006, and at least once every 5 years thereafter, with specific objective standards for provision of services, as described. This bill would instead require each public agency or private entity providing water or sewer services to grant a priority for the provision of these services to proposed housing developments, which the bill would define for these purposes to include both housing developments that include units sold or rented to lower income households, as provided in existing law as described above, and housing developments constructed pursuant to specified laws providing for ministerial approval of certain housing developments or subdivision maps. The bill would also update the compliance date to adopt written policies and procedures to July 1, 2025, and continue to require the adoption of those written policies and procedures at least once every 5 years thereafter. (Based on 03/19/2024 text) Status: 03/20/2024 - Re-referred to Com. on H. & C.D. Calendar: 04/17/24 A-HOUSING AND COMMUNITY DEVELOPMENT 9 a.m. - State Capitol, Room 127 WARD, CHRISTOPHER, Chair AB 3073 (Haney) Wastewater testing: illicit substances. (Amended 03/21/2024) Link April 9, 2024 Item #2 Page 101 of 105 87 Existing law establishes the State Department of Public Health to implement various programs throughout the state relating to public health. The department administers the CDPH Wastewater Surveillance Network Dashboard that provides an overview of wastewater surveillance of SARS-CoV-2 in California. The dashboard includes wastewater samples collected and analyzed by the department, wastewater utilities, and academic, laboratory, and other partners across the state. This bill would require the department, in consultation with participating wastewater treatment facilities, local public health agencies, and other subject matter experts, to create a pilot program to test for high-risk substances and related treatment medications in wastewater. Under the bill, the goal of the program would be to determine how wastewater data can be used by state and local public health programs to address substance abuse in California. The bill would require the department to develop a list of target substances to be analyzed during the program that may include cocaine, fentanyl, methamphetamine, xylazine, methadone, buprenorphine, and naloxone. The bill would require the department, on or before July 1, 2025, to solicit voluntary participation from local public health agencies and wastewater treatment facilities, as specified. The bill would require the department to work with the participating agencies and facilities to collect samples and to arrange for those samples to be tested by qualified laboratories. The bill would require the department, in consultation with public health agencies and subject matter experts, to analyze test results to determine possible public health interventions. This bill contains other related provisions. (Based on 03/21/2024 text) Status: 04/01/2024 - Re-referred to Com. on E.S. & T.M. Calendar: 04/09/24 A-ENVIRONMENTAL SAFETY AND TOXIC MATERIALS 1:30 p.m. - State Capitol, Room 444 GARCIA, EDUARDO, Chair 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: 03/11/2024 - Referred to Com. on W., P., & W. Calendar: 04/23/24 A-WATER, PARKS AND WILDLIFE 9 a.m. - State Capitol, Room 444 PAPAN, DIANE, Chair ACA 2 (Alanis) Water Resiliency Act of 2024. (Amended 03/06/2024) Link The California Constitution declares that the general welfare requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable, and that the right to the use of water does not extend to the waste or unreasonable use, method of use, or method of diversion of water. This measure would require the Treasurer to annually transfer an April 9, 2024 Item #2 Page 102 of 105 88 amount equal to 1.5% of all state revenues from the General Fund to the California Water Resiliency Trust Fund, which the measure would create. The measure would continuously appropriate moneys in the fund to the California Water Commission for its actual costs of implementing these provisions and for specified water infrastructure projects. The measure would require the California State Auditor to annually conduct a programmatic review and an audit of expenditures from the California Water Resiliency Trust Fund and to report those findings, as specified. The measure would authorize a project funded pursuant to these provisions to elect to be subject to a streamlined review pursuant to the California Environmental Quality Act, as specified. The measure would provide that its provisions are severable and would require the Attorney General to defend against any action challenging the validity of the measure, except as provided. (Based on 03/06/2024 text) Status: 03/19/2024 - In committee: Set, first hearing. Hearing canceled at the request of author. SB 1110 (Ashby) Urban retail water suppliers: informational order: conservation order. (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: 04/02/2024 - Set for hearing April 23. Calendar: 04/23/24 S-NATURAL RESOURCES AND WATER 9 a.m. - 1021 O Street, Room 2100 MIN, DAVE, Chair SB 1255 (Durazo) Public water systems: needs analysis. (Amended 04/01/2024) 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 update a needs analysis of the state’s public water systems to include an assessment, as specified, of the funds necessary to provide a 20% discount for low-income households served by community water systems with fewer than 3,000 service connections and for community water systems with fewer than 3,000 service connections to meet a specified affordability April 9, 2024 Item #2 Page 103 of 105 89 threshold on or before July 1, 2026, and on or before July 1 of every 3 years thereafter. (Based on 04/01/2024 text) Status: 04/03/2024 - Set for hearing April 17. Calendar: 04/17/24 S-ENVIRONMENTAL QUALITY 9 a.m. - 1021 O Street, Room 1200 ALLEN, BENJAMIN, Chair SB 1330 (Archuleta) Urban retail water supplier: water use. (Amended 03/19/2024) 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 03/19/2024 text) Status: 04/02/2024 - Set for hearing April 23. Calendar: 04/23/24 S-NATURAL RESOURCES AND WATER 9 a.m. - 1021 O Street, Room 2100 MIN, DAVE, Chair 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. April 9, 2024 Item #2 Page 104 of 105 90 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) Status: 04/02/2024 - Set for hearing April 23. Calendar: 04/23/24 S-NATURAL RESOURCES AND WATER 9 a.m. - 1021 O Street, Room 2100 MIN, DAVE, Chair April 9, 2024 Item #2 Page 105 of 105 City of Carlsbad Legislative Subcommittee Sharon Gonsalves, Director of Government Affairs, Renne Public Policy Group April 9, 2024 Renne Public Policy Group I www.publicpolicygroup.com • January l O Governor's Budget Proposal • January 31 House of Origin Deadline { l st Year bills) • February 16 Introduction Deadline {200 Year Bills) • !v'.arch 21 April l Legislative Spring Recess • Mid-May-Governor's May Budget Revise • May 24-House of origin deadline; last day for 2nd year bills to advance to the opposite house • June 15-Legislature must pass FY 24-25 Budget • June 30-Governor must sign FY 24-25 Budget • August 31-Last day for the Legislature to pass bills 2 • September 30-Last day for the Governor to sign or veto bills Renne Public Policy Group I www.publicpolicygroup.com Bills that the committee has or may want to position on. 3 Renne Public Policy Group I www;publicpolicygroup.com AB 2234 (Boerner) Vehicles: electric bicycles Prohibits a person under 12 years of age from operating an e-bike and prohibits anyone without a driver's license from operating an e-bike unless they possess a skills waiver. Requires the CHP to issue the skills waiver in electronic format to anyone who completes safety and training programs. City Position: Sponsor Status: Assembly Transportation, hearing not set. AB 2715 (Boerner) Ralph M. Brown Act: closed sessions Authorizes the legislative body of a local agency to consider matters related to cybersecurity during closed session, provided that any action taken on those matters is done in open session. City Position: Sponsor Status: Assembly Local Government, hearing set for 04/ 17 /24. Renne Public Policy Group I www.publicpolicygroup.com Legislative Update: Transportation SB 689 {Blakespear) Local coastal program: bicycle lane: amendment This bill would provide that an application by a local government to convert an existing motorized vehicle travel lane into a dedicated bicycle lane shall not require a traffic study for the processing of either a coastal development permit or an amendment to a local coastal program. 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, that the amendment be processed according to specified law. City Position: Support Status: Assembly pending referral. Renne Public Policy Group I www.publicpolicygroup.com AB 817 (Pacheco) Open Meetings Subsidiary Bodies This bill would permit subsidiary bodies currently covered by the Ralph M. Brown Act to continue to meet via virtual teleconference without complying with physical location posting requirements. Defines a subsidiary body as any Brown Act body that serves exclusively in an advisory capacity, that is not authorized to take final action on legislation, regulations, contracts, licensees, permits, or any other entitlements (e.g., council and multi-jurisdictional subcommittees, appointed advisory bodies, boards, commissions who do not take final action, etc.) City Position: Support Status: Senate pending referral. Renne Public Policy Group I www.publicpolicygroup.com AB 1802 (Jones-Sawyer) Crimes: organized theft This bill would extend the operation of the crime of organized retail theft and the operation of the regional property crimes task force indefinitely. City Position: Support Status: Assembly Public Safety, hearing set for 04 /09 /24. Renne Public Policy Group I www.publicpolicygroup.com SB 905 {Wiener) Crimes: theft from a vehicle This bill would make forcibly entering a vehicle with the intent to commit a theft therein a crime. This bill would also make it a crime for a person to unlawfully possess property that was acquired through one or more acts of theft from a vehicle City Position: Support Status: Assembly Appropriations, hearing not set. Renne Public Policy Group I www.publicpolicygroup.com SB 1011 (Jones) Encampments: penalties This bill would prohibit homeless encampments within 500 feet of a school, open space, or major transit stop. City Position: Support Status : Senate Public Safety, hearing set for 04/ 16/24. Renne Public Policy Group I www.publicpolicygroup.com Legislative Update: Housing and Land Use AB 1820 (Schiavo) Housing development proiects: applications: fees and exactions This bill would require a local agency to provide a preliminary fee and exaction estimate within ten days, if requested by a development proponent, and to provide an itemized list and total sum amount of all fees and exactions that will apply to the project within ten days of notice of determination of completeness. City Position: For Discussion Status: Assembly Housing, hearing set for 04/ 10/24. Renne Public Policy Group I www.publicpolicygroup.com Legislative Update: Housing and Land Use AB 2684 (Bryan) Safety element: extreme heat This bill would require a City or County to review and update its safety element as necessary upon the next revision of its local hazard mitigation plan. City Position: For Discussion Status: Assembly Local Government, hearing set for 04/ l 0/24. Renne Public Policy Group I www.publicpolicygroup.com Legislative Update: Housing and Land Use AB 2560 (Alvarez) Density Bonus Law: California Coastal Act of 197 6 This bill would provide that any density bonus, concessions, incentives, waivers or reductions of development standards, and parking ratios to which an applicant is entitled under the Density Bonus Law be permitted notwithstanding the California Coastal Act. City Position: For Discussion Status: Assembly Housing, hearing set for 04/ 10/24. Renne Public Policy Group I www.publicpolicygroup.com Legislative Update: Housing and Land Use SB 937 (Wiener) Development proiects: permits and other entitlements: fees and charges This bill would prohibit 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. City Position: For Discussion Status: Passed Senate Local Government, 6-0 Senate Housing, hearing not set. Renne Public Policy Group I www.publicpolicygroup.com Legislative Update: Housing and Land Use SB 951 (Wiener) California Coastal Act of 1976: coastal zone: coastal development This bill would apply specified rezoning standards for any necessary local coastal program updates for jurisdictions located within the coastal zone. City Position: For Discussion Status: Senate Natural Resources and Water, hearing set for 04/09/24. Renne Public Policy Group I www.publicpolicygroup.com Legislative Update: Housing and Land Use SB 1077 (Blakespear) Coastal resources: coastal development permits: accessory and junior accessory dwelling units This bill would specify, for the purposes of a coastal development permit not being required for improvements to existing single-family residences, that the exception includes the addition of an accessory dwelling unit or a junior accessory dwelling unit that is attached to an existing residential structure, as defined, and the conversion of an existing structure into an accessory dwelling unit or a junior accessory dwelling unit. City Position: For Discussion Status: Senate Natural Resources and Water, hearing set for 04/09/24. Renne Public Policy Group I www.publicpolicygroup.com Legislative Update: Housing and Land Use SB 1092 (Blakespear) Coastal resources: multifamily housing development: coastal development permits: appeals: report This bill would require the Coastal Commission or before January 1, 2028, to provide a report to the Legislature that provides information regarding appeals relating to multifamily housing developments including, among other things, the percentage of coastal development permits for multifamily housing developments that are appealed, approved, and denied. City Position: For Discussion Status: Senate Natural Resources and Water, hearing set for 04/09/24. Renne Public Policy Group I www.publicpolicygroup.com Legislative Update: Housing and Land Use SB 1234 (Allen) Coastal resources: local land use plan: zoning ordinances and district maps: modifications: ministerial approval This bill would authorize local governments to adopt those suggested modifications from the commission through ministerial approval by its planning director or equivalent position. City Position: For Discussion Status: Senate Natural Resources and Water, hearing set for 04/09/24. Renne Public Policy Group I www.publicpolicygroup.com Legislative Update: Labor Relations AB 2561 (McKinnorl Local public employees: vacant positions This bill would require each public agency with bargaining unit vacancy rates exceeding 10% for more than 90 days within the past 180 days to meet and confer with a representative of the recognized employee organization to produce, publish, and implement a plan consisting of specified components to fill all vacant positions within the subsequent 180 days. The bill would require the public agency to present this plan during a public hearing to the governing legislative body and to publish the plan on its internet website for public review for at least one year. City Position: For Discussion Status: Assembly Public Employment and Retirement, hearing not set. Renne Public Policy Group I www.publicpolicygroup.com Legislative Update: Labor Relations SB 1116 (Portantino and Durazo) Unemployment insurance: trade disputes: eligibility for benefits This measure would grant employees unemployment eligibility after two weeks of leaving work to strike . City Position: For Discussion Status: Senate Labor, hearing not set Renne Public Policy Group I www.publicpolicygroup.com Legislative Update: Environment and Climate SB 1193 (Meniivar) Airports: leaded aviation gasoline This bill would prohibit an airport operator or aviation retail establishment from selling, distributing, or otherwise making available leaded aviation gasoline to consumers. City Position: For Discussion Status: Senate Transportation, hearing set for 04/09 /24. Renne Public Policy Group I www.publicpolicygroup.com Legislative Update: Energy and Utilities AB 1999 (Irwin) Electricity: fixed charges The bill would repeal the graduated-income fixed-charge provision in AB 205 (2022). City Position: For Discussion Status: Referred to Committee on Utilities and Energy, hearing not set Renne Public Policy Group I www.publicpolicygroup.com Renne Public Policy Group I www.publicpolicygroup.com