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LEGISLATIVE COMMITTEE MEMORANDUM 3.1
TO: Mayor and Town Council March 22, 2022
SUBJECT: March 2022 Legislative Report
BACKGROUND
The month of March marks the second anniversary of the onset of the Coronavirus
pandemic in the United States. Though Governor Newsom has declared that the State
will shift to an endemic approach to the pandemic, the Town and the Tri-Valley coalition
have continued to adapt to changes wrought by COVID-19. The Town’s advocacy focus
has been directed toward supporting legislation that could further facilitate pandemic
recovery and opposing or limiting legislation that erodes local control or increases
unfunded mandates that adversely impact Town service delivery.
Although the business of the legislature remains unchanged, the pandemic continues to
impact how the legislature operates while having broad implications on shaping policy
in the new session. The Legislative Committees’ work enables the Town to once again
advocate and respond quickly to legislation introduced during the 2022 Legislative
Session.
February 18 was the deadline for new bills to be introduced during the 2022 legislative
session. A total of 2139 bills have been introduced for the session, including 1373 bills in
the Assembly and 666 bills in the Senate.
DISCUSSION
The Tri-Valley Cities Legislative Framework forms the basis for regional legislative
advocacy work to be undertaken by the Tri-Valley Coalition during the 2022 State
Legislative session. The Framework identifies five areas of focus: Transportation,
Climate and Environment, Affordable Housing, Mental Health, Economic Development
and Fiscal Sustainability.
The Tri-Valley Cities coalition met on February 10. The agenda included legislative
updates from Townsend Public Affairs and Samantha Caygill from the League of
California Cities. The featured presentation on the Valley Care Level II Trauma Center
was given by Rick Shumway, President and CEO of Stanford Health Care – Valley Care.
At the March 21 Tri-Valley Cities Mayors, Managers and Staff Liaisons meeting, the
coalition discussed bills which could potentially impact the region. As a result of that
discussion, the following bills were identified as legislation to track during the session.
March Legislative Update 2 March 22, 2022
Transportation
AB 1814: (Grayson) Transportation Electrification: Community Choice Aggregators
This bill would, as part of a Public Utilities Commission’s program, authorize community
choice aggregators to file applications for programs and investments to accelerate
widespread transportation electrification.
Climate/Environment
AB 1512: (Bauer-Kahan) Off-highway vehicular recreation: Carnegie State Vehicular
Recreation Area: Alameda-Tesla Expansion Area
This bill would require the department to preserve in perpetuity, land known as the
"Alameda-Tesla Expansion Area," which is currently part of the Carnegie State Vehicular
Recreation Area, for conservation purposes, including for nonmotorized public
recreation. This is a 2-year bill that the TVC coalition supported last year.
AB 2374: (Bauer-Kahan) Crimes against public health and safety: illegal dumping
This bill would increase the maximum fine for the dumping of commercial quantities of
waste to $5000 for the first conviction, $10,000 for the second conviction, and up to $20,000
for the third and any subsequent convictions.
SB 45: (Portantino) Short-lived climate pollutants: organic waste reduction goals: local
jurisdiction assistance
This bill would require the Department of Resource Recycling and Recovery, in
consultation with the state board, to provide assistance to local jurisdictions, including,
but not limited to, any funding appropriated by the Legislature for purposes of assisting
local agencies to comply with Short Lived Climate Pollutant goals.
SB 852: (Dodd) Climate resilience districts: formation: funding mechanisms (Dodd)
This bill would authorize a city, county, special district, or a combination of any of those
entities to form a climate resilience district for the purposes of raising and allocating
funding for eligible projects and the operating expenses of eligible projects.
Economic Development
AB 1001: (Garcia) Environmental: mitigation measures for air and water quality
impacts: environmental justice
This bill would authorize mitigation measures, identified in an environmental impact
report or mitigated negative declaration to mitigate the adverse effects of a project on air
or water quality of a disadvantaged community, to include measures for avoiding,
minimizing, or compensating for the adverse effects on that community.
Affordable Housing
AB 2063: (Berman) Density bonuses: affordable housing impact fees
This bill would prohibit affordable housing impact fees, including inclusionary zoning
fees, in-lieu fees, and public benefit fees, from being imposed on a housing development’s
density bonus units.
March Legislative Update 3 March 22, 2022
SB 1466: (Stern) Affordable Housing and Community Development Investment
Program
This bill would authorize a city, county, joint powers agency, enhanced infrastructure
financing district, affordable housing authority, community revitalization and
investment authority, transit village development district, or a combination of those
entities, to apply to the Affordable Housing and Community Development Investment
Committee to participate in the program and would authorize the committee to approve
or deny plans for projects meeting specific criteria.
Mental Health
AB 988: (Bauer-Kahan) Mental Health: mobile crisis support teams: 988 crisis hotline
This bill would require the Office of Emergency Services to take actions to implement the
hotline system, designating a 988-crisis hotline center or centers to provide crisis
intervention services and crisis care coordination to individuals accessing the 988 hotline.
The Town supported this bill during the 2021 session.
Fiscal Sustainability
AB 1737: (Holden) Children’s Camps: local registration and inspections
This bill would make organized camps minimum standard provisions established by the
State Public Health Department, State Fire Marshal, and local health officer, applicable
to "children’s camps" and would define "children’s camp" as a camp that offers daytime
or overnight experiences administered by professional adults who provide social,
cultural, educational, recreational, or artistic programming to more than 5 children
between 3 and 17 years of age for 5 days or longer during at least one season, except as
specified.
AB 2179: (Grayson) Development fees and charges: deferrals
This bill would prohibit a public agency from imposing a minimum automobile parking
requirement, or enforcing a minimum automobile parking requirement, on residential,
commercial, or other development if the development is located on a parcel that is within
one-half mile of public transit and would prohibit these provisions from reducing,
eliminating, or precluding the enforcement of any requirement imposed on a new
multifamily or nonresidential development to provide electric vehicle supply equipment
installed parking spaces or parking spaces that are accessible to persons with disabilities.
Federal Legislation and Opportunities
The TVC Mayors met with Senator Padilla to discuss important issues facing the growing
the Tri-Valley Cities area. These issues included mental health and mental healthcare
funding and the ValleyLink project. Senator Padilla also touched on the importance of
tackling climate change and the America COMPETES Act, a bill that invests in
manufacturing and high tech for competition and national security.
The Department of Health and Human Services invited stakeholders to a webinar to
introduce a national mental health strategy to strengthen system capacity, connect more
March Legislative Update 4 March 22, 2022
Americans to care, and create a continuum of support, transforming our health and social
services infrastructure to address mental health holistically and equitably. This initiative
includes the launch of the “988” crisis response line this summer, which will create a
national network of local crisis centers fortified by national back up centers to answer
calls and text. Through the American Rescue Plan, the Biden Administration has
provided $180 million to support local capacity to answer crisis calls, with an additional
$700 million dedicated to build on this investment in the 2023 fiscal year budget.
Grants Program
The Biden Administration’s “Building A Better America - Competitive Infrastructure
funding Opportunities for Local Governments” packet. The bipartisan infrastructure law
includes billions of dollars in competitive funding available to municipalities towards
dozens of new and existing programs. Additional funding for non-competitive formula
funding is also available including an increase in revolving funding for states’ Clean
Water and Drinking Water programs.
The Town was awarded $1.35 million in federal grant funding as part of the Omnibus
federal spending bill signed by President Biden on March 15. The request includes
$350,000 for funding Iron Horse Trail Crossings, and $1 million for Town-wide Traffic
Signal Modernization/ITS Project. Town staff met with Congressman DeSaulnier to
discuss next fiscal year funding opportunities and timeline. With an anticipated deadline
of late March/early April, Town staff and the TVC Coalition will work to identify
additional eligible projects that demonstrate a significant impact to the community.
The Town submitted a request for funding to the state for the La Gonda Bridge Project
and Fiber Optic Installation Project totaling $1.2 million.
CONCLUSION
Accept this report and direct any questions and/or direction to Town legislative staff.
Prepared by:
Diane Friedmann
Deputy Town Manager
Reviewed by:
Joseph Calabrigo
Town Manager
March Legislative Update 5 March 22, 2022
Attachment A – TVC Letter of Request for State Funding
Attachment B – TVC Letter of Support for the Restaurant Revitalization Fund
Attachment C – Danville Letters of Support for CCTA’s TIRCP Grant Application
Attachment D – TVC Letter of Support SB 45 (Portantino)
Attachment E – TVC Letter of Support Level II Trauma Center
Attachment F – Danville Letter of Request for State Funding
Tri-Valley Cities
DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON
January 20, 2022
The Honorable Steven Glazer The Honorable Rebecca Bauer-Kahan
California State Senate California State Assembly
10th and O Offices, Suite 7520 10th and O Offices, Suite 6320
Sacramento, CA 95814 Sacramento, CA 95814
Re: 2022 Budget Requests from the Tri-Valley Cities
Dear Senator Glazer and Assembly Member Bauer-Kahan:
On behalf of our four cities and one town, we want to express our gratitude and appreciation for
your leadership and exceptional representation of our communities. As you know, our five
jurisdictions partner together to form one cohesive voice in matters of policy and advocacy.
Our municipalities also work together closely in the field of transportation, together forming the
Tri-Valley Transportation Council (“TVTC”), which is a joint powers authority formed pursuant to
a Joint Exercise of Powers Agreement along with the County of Alameda and the County of Contra
Costa. The TVTC periodically evaluates the impacts of projected land uses on regional
transportation infrastructure in the Tri-Valley area and oversees the expenditures of the Tri-Valley
Transportation Development Fund.
Being vested in our mutual interests in the field of transportation, we seek to partner with you to
secure funding in the 2022 State Budget. The funding requests below would have a strong and
lasting impact on our region.
1.Valley Link Rail Project (Environmental Study and Preliminary Engineering)
Amount Requested: $5,000,000
Project Description:
Funding is needed to help the Tri-Valley – San Joaquin Valley Regional Rail Authority
complete the study of Zero Emission Vehicles for the Valley Link project and the
associated Maintenance Facility. This study would be done in conjunction with the Valley
Link Environmental Studies and 30% Preliminary Design. Over the course of the past year,
the interest in Zero Emissions Vehicles as grown immensely and Valley Link seeks to be
the first start up commuter rail service in the nation to initiate passenger service with zero
emission hydrogen technology. The Valley Link project was not originally scoped to study
100% zero emission vehicles nor the requirements for the maintenance facility. Additional
funding will help to prepare the technical information to further develop zero emission
vehicle technology that focuses on hydrogen, and is critical in completing the
environmental analysis and preliminary design. All of this will come as an enormous
benefit to the residents of the Tri-Valley Region, but also the greater Bay Area and San
Joaquin Valley.
ATTACHMENT A
Tri-Valley Cities
DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON
2.Iron Horse Trail Bridge
Amount Requested: $2,675,000
Or
$15,675,000
Project Description:
The Iron Horse Trail Bridge and Pedestrian Improvements Project is a critical project which
spans across multiple jurisdictions that improves the multi-use, whole access trail of
regional significance for the Tri-Valley Region and beyond. The Tri-Valley Cities currently
have two Congressionally Directed Spending appropriations pending in the amount of
$2,325,000 for the design of a pedestrian and bicycle bridge at a mid-block
crossing over Crow Canyon Road, and $350,000 for pedestrian/bicycle crossing
improvements at four Iron Horse Trail intersections- totaling $2,675,000. This project is
critical for the safety improvements it makes and would provide robust benefits for users
of the trail across the East-Bay region.
If the Federal Government is unable to come to a consensus on a version of their
Appropriations bill that includes the Congressionally Directed Spending allocations, then
the TVC would respectfully request the total of $2,675,000 required for design of the bridge
over Crow Canyon Road and the PED/Bicycle improvements at four intersections of the
trail.
If the Federal Government is, in fact, able to appropriate funding to TVC in early 2022,
then the coalition would respectfully request funding for all or a portion of the additional
$15,675,000 required for construction of the crow canyon bridge. While we understand
that allocating the entire construction amount may not be feasible, a portion of the total
cost would position us to be more competitive for various State and Federal Infrastructure
grant programs to complete the project.
We are proud that our values and priorities align, and we look forward to our continued
partnership. Our advocates, Andres Ramirez and Niccolo De Luca, will follow up to schedule a
time to discuss our proposal in greater detail.
Thank you for your consideration.
Sincerely,
Newell Arnerich Melissa Hernandez Bob Woerner
Mayor of Danville Mayor of Dublin Mayor of Livermore
Karla Brown Dave Hudson
Mayor of Pleasanton Mayor of San Ramon
Tri-Valley Cities
DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON
February 16, 2022
The Honorable Dianne Feinstein The Honorable Alex Padilla
United States Senate United States Senate
331 Hart Senate Office Building 112 Hart Senate Office Building
Washington, DC 20510 Washington, DC 20510
The Honorable Mark DeSaulnier The Honorable Eric Swalwell
U.S. House of Representatives U.S. House of Representatives
503 Cannon House Office Building 174 Cannon House Office Building
Washington, DC 20515 Washington, DC 20515
RE: Support for Replenishing the Restaurant Revitalization Fund
Dear Senators Feinstein and Padilla and Representatives DeSaulnier and Swalwell:
Thank you for your leadership throughout the COVID-19 pandemic. We write today to urge you
to support additional relief funds, particularly for the Restaurant Revitalization Fund.
The Restaurant Revitalization Fund was created by the American Rescue Plan Act in March 2021.
While this program played a pivotal role ensuring our local restaurants were supported during the
most difficult days of the pandemic, California restaurants still need help as they recover from two
years of COVID related restrictions. Of the 36,379 establishments in California that applied for
support through the initial allotment, only 15,988 received funding. There is substantial unmet
demand for this support.
Restaurants continue to face staffing challenges and additional recovery issues as they build back
from months of lost revenue. As our communities continue to recover, an additional round of relief
funding would help restaurants that continue to struggle as new COVID spikes lead to uncertainty
for our local business community.
We request that you support an additional relief fund package to continue to support the recovery
of local business hit hardest by the pandemic. Support for additional relief funds for restaurants
has bipartisan support in Congress as demonstrated by the cosponsors of the Restaurant
Revitalization Fund Replenishment Act of 2021 (H.R.3807, S.2091). Whether it is through
passage of this bipartisan legislation or as part of the pending appropriations bills, please work
with your colleagues to support our local business community by supporting an additional round
of economic relief.
Sincerely,
Newell Arnerich Melissa Hernandez Bob Woerner
Mayor of Danville Mayor of Dublin Mayor of Livermore
Karla Brown Dave Hudson
Mayor of Pleasanton Mayor of San Ramon ATTACHMENT B
“Small Town Atmosphere
Outstanding Quality of Life”
5 1 0 L A G O N D A W A Y, D A N V I L L E , C A L I F O R N I A 9 4 5 2 6
Administration Building Engineering & Planning Transportation Maintenance Police Parks and Recreation
(925) 314-3388 (925) 314-3330 (925) 314-3310 (925) 314-3320 (925) 314-3450 (925) 314-3700 (925) 314-3400
February 22, 2022
The Honorable Toks Omishakin
Secretary, California State Transportation Agency
915 Capital Mall, Suite 350B
Sacramento, CA 95814
Re: Support for the Contra Costa Transportation Authority’s Grant Application for the
2022 Transit and Intercity Rail Capital Program; Interstate 680 Express Bus Project
Dear Secretary Omishakin,
On behalf of the Town of Danville, I would like to offer this letter expressing our strong
support for the Contra Costa Transportation Authority’s (CCTA) application to the
California State Transportation Agency’s (CalSTA) 2022 Transit and Intercity Rail C apital
Program (TIRCP) for the Interstate 680 (I-680) Express Bus Project. This collaborative effort
involving multiple transit agencies utilizing the latest transportation technology will
simultaneously improve mobility and environmental sustainability, making this a model
project deserving of CalSTA support.
This project will fund new, critical Express Bus service along the I-680 Corridor between the
Martinez Amtrak station and the Dublin/Pleasanton Bay Area Rapid Transit (BART) station
–with intermediate stops at Walnut Creek BART and the Bollinger Canyon Road Park-n-
Ride lot – extending to the ACE Pleasanton station during peak periods. Providing a one -
seat ride along this corridor not only provides more transit connectivity to major job centers
in the region with zero-emission vehicles, but it also fills a significant gap identified in the
2018 California State Rail Plan by implementing an express bus service that connects riders
to regional, state, and national passenger rail networks including BART, the Altamont
Commuter Express, the Capitol Corridor and San Joaquin intercity rail lines, Amtrak’s
national network and the future Valley Link rail project.
As a collaborative and coordinated effort between CCTA, the Central Contra Costa Transit
Authority (County Connection), the Livermore-Amador Valley Transit Authority (LAVTA),
and the Tri-Valley – San Joaquin Valley Regional Rail Authority (Valley Link), this project
has been carefully considered to ensure that limited resources are used to facilitate
transformative capital improvements. The I-680 Express Bus Project is seeking funding to
support key elements of the service including hydrogen fuel-cell buses, fuel and
ATTACHMENT C
March 17, 2022
Page 2
maintenance infrastructure to support the fleet, roadway shoulder improvements and
transit signal priority systems to enable Transit Bus on Shoulder (part -time transit lanes)
along I-680, research and development of technology to improve first-and-last mile
connections, and upgrading of planned bus stops to mobility hubs to increase transit access
for neighborhoods along the corridor. The project will also include the construction of a new
hydrogen fuel plant at the Valley Link operations and maintenance facility to provide a
source of “green” hydrogen for the buses operating the I-680 Express Bus service to be
produced with renewable energy.
This new express bus service also fills an unmet need for the congested I -680 corridor by
enhancing transit connectivity for passengers traveling from disadvantaged and low -
income communities throughout the Bay Area region and beyond. The key elements of the
I-680 Express Bus Project are designed to complement each other by strengthening regional
connections to reduce congestion and vehicle miles traveled, implementing technologies
that reduce greenhouse gas emissions, and meeting modern transportation challenges by
reducing barriers to taking transit.
In summary, the I-680 Express Bus Project aligns with CalSTA’s efforts to improve and
better integrate rail and transit services in California. The Town of Danville strongly
supports this project for 2022 TIRCP funding. Thank you for your consideration of this
request, which will help advance California’s climate change goals and highlight the State’s
commitment to transit innovation.
Sincerely,
_____________________________
NEWELL ARNERICH, MAYOR
cc: Lynn Wallace Naylor, CEO, Innovation Tri-Valley Leadership Group,
lnaylor@innovationtrivalley.org
Tim Sbranti, Director, Innovation Tri-Valley Leadership Group,
tsbranti@innovationtrivalley.org
“Small Town Atmosphere
Outstanding Quality of Life”
5 1 0 L A G O N D A W A Y , D A N V I L L E , C A L I F O R N I A 9 4 5 2 6
Administration Building Engineering & Planning Transportation Maintenance Police Parks and Recreation
(925) 314-3388 (925) 314-3330 (925) 314-3310 (925) 314-3320 (925) 314-3450 (925) 314-3700 (925) 314-3400
March 1, 2022
Chad Edison
Chief Deputy Secretary for Rail and Transit
California State Transportation Agency
915 Capital Mall, Suite 350B
Sacramento, CA 95814
Re: Support for the Contra Costa Transportation Authority’s Grant Application for
the 2022 Transit and Intercity Rail Capital Program; Interstate 680 Express Bus
Project
Dear Mr. Edison,
On behalf of the Town of Danville, we would like to offer this letter of support for the
Contra Costa Transportation Authority’s (CCTA) application to the California State
Transportation Agency’s (CalSTA) 2022 Transit and Intercity Rail Capital Program
(TIRCP) for the Interstate 680 (I-680) Express Bus Project.
This project will fund new, critical Express Bus service along the I-680 Corridor between
the Martinez Amtrak station and the Dublin/Pleasanton Bay Area Rapid Transit
(BART) station – with intermediate stops at Walnut Creek BART and the Bollinger
Canyon Road Park-n-Ride lot – extending to the ACE Pleasanton station during peak
periods. Providing a one-seat ride along this corridor not only provides more transit
connectivity to major job centers in the region with zero-emission vehicles, but it also
fills a significant gap identified in the 2018 California State Rail Plan by implementing
an express bus service that connects riders to regional, state, and national passenger rail
networks including BART, the Altamont Commuter Express, the Capitol Corridor and
San Joaquin intercity rail lines, and Amtrak’s national network.
As a collaborative and coordinated effort between CCTA and the Central Contra Costa
Transit Authority (County Connection) and Livermore-Amador Valley Transit
Authority (LAVTA), this project has been carefully considered to ensure that limited
resources are used to facilitate transformative capital improvements. The I-680 Express
Bus Project is seeking funding to support key elements of the service including
hydrogen fuel-cell buses, fuel and maintenance infrastructure to support the fleet,
roadway shoulder improvements and transit signal priority systems to enable Transit
Bus on Shoulder (part-time transit lanes) along I-680, research and development of
March 17, 2022
Page 2
technology to improve first-and-last mile connections, and upgrading of planned bus
stops to mobility hubs to increase transit access for neighborhoods along the corridor.
This new express bus service also fills an unmet need for the congested I-680 corridor
by enhancing transit connectivity for passengers traveling from disadvantaged and
low-income communities throughout the Bay Area region and beyond. The key
elements of the I-680 Express Bus Project are designed to complement each other by
strengthening regional connections to reduce congestion and vehicle miles traveled,
implementing technologies that reduce greenhouse gas emissions, and meeting modern
transportation challenges by reducing barriers to taking transit.
The I-680 Express Bus Project aligns with CalSTA’s efforts to improve and better
integrate rail and transit services in California, and Town of Danville strongly supports
this project for 2022 TIRCP funding. Thank you for your consideration of this request,
which will help advance California’s climate change goals and highlight the State’s
commitment to transit innovation.
Sincerely,
_____________________________
NEWELL ARNERICH, MAYOR
DANVILLE • LIVERMORE • PLEASANTON • SAN RAMON
February 24, 2022
The Honorable Anthony Portantino
California State Senate
10th and O Offices, Suite 7630
Sacramento, CA 95814
Re: Senate Bill 45 (Portantino) Short-lived climate pollutants: Organic waste reduction
goals: Local jurisdiction assistance
Letter of Support from the Cities of Livermore, Pleasanton, San Ramon, and the
Town of Danville
Dear Senator Portantino:
On behalf of the Cities of Livermore, Pleasanton, San Ramon, and the Town of Danville, we write
to express our strong support for your SB 45, which would provide assistance to local jurisdictions
for organic waste diversion programs.
California Senate Bill 1383 directs CalRecycle to divert 75% of organics from landfill and
recover 20% of edible food for human consumption by 2025. The law also establishes
procurement requirements for recovered organic waste products and recycled content paper
products. Jurisdictions are the primary entities responsible for implementation and enforcement
of SB 1383 requirements, which affect all organic waste generators in the residential and
commercial sectors. Waste haulers, food recovery organizations, and procurement partners
also have significant roles to play to advance compliance.
Here are some examples of how implementation of SB 1383 will affect our jurisdictions:
City of Livermore
The financial impact to the City of Livermore to implement SB 1383 is expected to be
significant. For example, based on the formula from the SB 1383 regulations, Livermore
will be required to annually procure 7,236 tons of recovered organic waste product -
enough to cover more than 100 sports fields each year with compost. Staff estimates the
cost to implement and enforce SB 1383 would exceed $200,000; this does not include
procurement requirements. Compliance with the required procurement of qualified
organics-derived products could range from $1.08M to $2.4M per year. The estimated
costs will be adjusted in the future as more information is learned about the actual costs
of implementing SB 1383.
City of Pleasanton
The City of Pleasanton completed a
SB 1383 Action Plan which outlines
the anticipated cost of
implementation that will incrementally
increase over time. Beginning in 2022
at $279,425 and $914,755 in 2025.
These are City costs only, not the
$279,425 $588,467 $763,689 $914,755
2022 2023 2024 2025+
Fiscal Year
Average Annual Cost
ATTACHMENT D
DANVILLE • LIVERMORE • PLEASANTON • SAN RAMON
additional costs that will be required of our Franchise Hauler will be required to expend
to assist the City in ensuring compliance. A large portion of the City costs will be for
procurement of compost or mulch which jurisdictions are not able to recoup through
rates due to Prop 218 requirements. This will be a large ongoing financial burden on
jurisdictions General Funds and ultimately an great impact to the Rate Payers.
It has been difficult to comply with the timelines for the implementation of SB 1383 regulations,
especially with the impact of COVID-19. While we appreciate the efforts that the Legislature made
last year to address penalties, we are committed to meet the State’s organic waste climate goals
but cannot do that without financial assistance from the State. While we would appreciate one-
time funding to support our implementation efforts, we would urge you to create an ongoing
funding mechanism to support SB 1383 implementation for jurisdictions.
SB 45 would be a welcome and necessary help to local governments of all sizes, and for that
reason, we strongly support this bill and look forward to helping your office’s efforts in any way
we can.
Sincerely,
City of Pleasanton City of San Ramon
Mayor Karla Brown Mayor Dave Hudson
CC: Senator Steven Glazer
Assemblymember Rebecca Bauer-Kahan
Town of Danville City of Livermore
Mayor Newell Arnerich Mayor Bob Woerner
Tri-Valley Cities
DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON
March 3, 2022
Alameda County Board of Supervisors
County of Alameda, Administration Building
1221 Oak Street, #536
Oakland, CA 94612
RE: Stanford Health Care – Valley Care Level II Trauma Center
Tri-Valley Cities-- Letter of Support
Dear Alameda County Board of Supervisors,
On behalf of the Tri-Valley Cities of Dublin, Livermore, Pleasanton, San Ramon and the Town of
Danville we write to support the addition of a Level II Trauma Center at the Stanford Health Care
–Valley Care (SHC-VC) main hospital which is located in Pleasanton.
This would be a vital addition to our health care system in the Tri-Valley and would keep Tri-
Valley residents within their community when seeking this level of care. The Tri-Valley is now
the fastest growing region in the Bay Area, and is expected to grow by 17% by 2040. Such growth
requires continued infrastructure investment as well as high quality and proximate trauma care.
Currently to access a Trauma center, Tri-Valley residents must travel many miles, as shown below.
•Eden Medical Center (Castro Valley, CA) – 15 miles
•Highland Hospital (Oakland, CA) – 25 miles
•John Muir Medical Center-Walnut Creek Medical Center (Walnut Creek, CA) – 21 miles
•Children’s Hospital Oakland (Oakland, CA) – 28 miles
•San Joaquin General Hospital (French Camp, CA) – 42 miles
With the level of traffic experienced on I-580 and I-680 it can make it very difficult and stressful
to reach the needed level of care. For Trauma related care, every second counts!
By adding a Level II Trauma Center at Stanford Health Care – Valley Care in Pleasanton we will
be able to decompress the Eden Medical Center and shorten ambulance offload times. This new
Trauma Center could also provide additional support, if needed, to Contra Costa and San Joaquin
patients when needed. Furthermore, with the connection with Stanford Health Care – Palo Alto,
the Level II Trauma Center would have a seamless transfer protocol to a Level I Trauma Center
when required.
Last, but not least, this expansion would ensure that Tri-Valley Residents are able to stay within
their own community to access trauma care. The inclusion of a Level II Trauma Center in
Pleasanton will help further access to and equity in the provision of such services for the
residents of the Tri-Valley who must travel, in times of emergency, to the western portions of the
county where greater investment and access to such services currently exists.
ATTACHMENT E
Tri-Valley Cities
DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON
The Tri-Valley Cities strongly urge the Alameda County Board of Supervisors bring a Level II
Trauma Center to SHC-VC in Pleasanton.
Sincerely,
City of Pleasanton City of San Ramon
Mayor Karla Brown Mayor Dave Hudson
Town of Danville City of Dublin City of Livermore
Mayor Newell Arnerich Mayor Melissa Hernandez Mayor Bob Woerner
5 1 0 L A G O N D A W A Y , D A N V I L L E , C A L I F O R N I A 9 4 5 2 6
Administration Building Engineering & Planning Transportation Maintenance Police Parks and Recreation
(925) 314-3388 (925) 314-3330 (925) 314-3310 (925) 314-3320 (925) 314-3450 (925) 314-3700 (925) 314-3400
March 11, 2022
The Honorable Steven Glazer The Honorable Rebecca Bauer-Kahan
California State Senate California State Assembly
10th and O Offices, Suite 7520 10th and O Offices, Suite 6320
Sacramento, CA 95814 Sacramento, CA 95814
Dear Senator Glazer and Assemblymember Bauer-Kahan
On behalf of the Town of Danville and our Town Council, we are requesting funding for
the following infrastructure projects.
Capital Improvement Project A-620
Amount $500,000
This project will provide a fiber optic interconnect network for the various Town facilities.
It will facilitate the transfer of data, video, audio, and internet connectivity to give the
town facilities capability to provide Public – Educational – Government (PEG) services to
the community at large. The use of existing traffic signal conduit as well as the
construction of new conduit is included in this project. Existing traffic signal
communication (interconnect – twisted pair copper) will also be replaced and converted
to fiber optic transmission as part of this project.
Capital Improvement Project C-599
Amount requested: $700,000
The existing La Gonda Way bridge, built in 1950, is a three-span steel girder structure.
The latest Caltrans inspection report preformed in June 2014 classified the bridge as
“structurally deficient” due to its poor deck condition. The replacement of the bridge will
accommodate two lanes of traffic, bicycles and pedestrians. The project will also include
pedestrian improvements at La Gonda Way/Danville Blvd intersection. The bridge will
be replaced as part of the Caltrans Highway Bridge Program (HBP) making it eligible for
federal reimbursement of 88.53% of participating costs. Our funding request would
bridge the gap to complete this very important infrastructure project.
ATTACHMENT F
March 11, 2022
Page 2
Consideration for this funding would be appreciated as the town continues to recover
from the pandemic. Although we continue to apply for grant funding, historically, we
have found the town is not chosen as recipients due to the competitive nature of the
funding and the funding criteria.
Sincerely,
______________________
Newell Arnerich, Mayor
california legislature—2021–22 regular session
ASSEMBLY BILL No. 1814
Introduced by Assembly Member Grayson
February 7, 2022
An act to amend Section 740.12 of the Public Utilities Code, relating
to electricity.
legislative counsel’s digest
AB 1814, as introduced, Grayson. Transportation electrification:
community choice aggregators.
The California Constitution and the Public Utilities Act vest the Public
Utilities Commission (PUC) with regulatory authority over public
utilities, including electrical corporations. Existing law requires the
PUC, in consultation with the State Energy Resources Conservation
and Development Commission and the State Air Resources Board, to
direct electrical corporations to file applications for programs and
investments to accelerate widespread transportation electrification to
reduce dependence on petroleum, meet air quality standards, achieve
the goals set forth in the Charge Ahead California Initiative, and reduce
emissions of greenhouse gases to 40% below 1990 levels by 2030 and
to 80% below 1990 levels by 2050. Existing law requires that those
programs proposed by electrical corporations seek to minimize overall
costs and maximize overall benefits. Existing law requires the PUC to
approve, or modify and approve, programs and investments in
transportation electrification, including those that deploy charging
infrastructure, through a reasonable cost recovery mechanism, if they
are consistent with the above-described purposes, do not unfairly
compete with nonutility enterprises, include performance accountability
measures, and are in the interests of ratepayers.
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Existing law authorizes a community choice aggregator to aggregate
the electrical load of interested electricity consumers within its
boundaries and requires a community choice aggregator to file an
implementation plan with the PUC, to register with the PUC, and to
enter into an operating service agreement with an electrical corporation.
This bill would, as part of the PUC’s program described above,
authorize community choice aggregators to file applications for
programs and investments to accelerate widespread transportation
electrification, as specified.
Under existing law, a violation of the Public Utilities Act or an order,
decision, rule, direction, demand, or requirement of the PUC is a crime.
Because the provisions of this bill would be a part of the act and
because a violation of a PUC action implementing the bill’s requirements
would be a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 740.12 of the Public Utilities Code is
line 2 amended to read:
line 3 740.12. (a) (1) The Legislature finds and declares all of the
line 4 following:
line 5 (A) Advanced clean vehicles and fuels are needed to reduce
line 6 petroleum use, to meet air quality standards, to improve public
line 7 health, and to achieve greenhouse gas emissions reduction goals.
line 8 (B) Widespread transportation electrification is needed to
line 9 achieve the goals of the Charge Ahead California Initiative
line 10 (Chapter 8.5 (commencing with Section 44258) of Part 5 of
line 11 Division 26 of the Health and Safety Code).
line 12 (C) Widespread transportation electrification requires increased
line 13 access for disadvantaged communities, low- and moderate-income
line 14 communities, and other consumers of zero-emission and
line 15 near-zero-emission vehicles, and increased use of those vehicles
line 16 in those communities and by other consumers to enhance air
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— 2 — AB 1814
line 1 quality, lower emissions of greenhouse gases emissions, gases,
line 2 and promote overall benefits to those communities and other
line 3 consumers.
line 4 (D) Reducing emissions of greenhouse gases to 40 percent below
line 5 1990 levels by 2030 and to 80 percent below 1990 levels by 2050
line 6 will require widespread transportation electrification.
line 7 (E) Widespread transportation electrification requires electrical
line 8 corporations load-serving entities, as defined in Section 380, to
line 9 increase access to the use of electricity as a transportation fuel.
line 10 (F) Widespread transportation electrification should stimulate
line 11 innovation and competition, enable consumer options in charging
line 12 equipment and services, attract private capital investments, and
line 13 create high-quality jobs for Californians, where technologically
line 14 feasible.
line 15 (G) Deploying electric vehicles should assist in grid
line 16 management, integrating generation from eligible renewable energy
line 17 resources, and reducing fuel costs for vehicle drivers who charge
line 18 in a manner consistent with electrical grid conditions.
line 19 (H) Deploying electric vehicle charging infrastructure should
line 20 facilitate increased sales of electric vehicles by making charging
line 21 easily accessible and should provide the opportunity to access
line 22 electricity as a fuel that is cleaner and less costly than gasoline or
line 23 other fossil fuels in public and private locations.
line 24 (I) According to the State Alternative Fuels Plan analysis by
line 25 the Energy Commission and the State Air Resources Board, light-,
line 26 medium-, and heavy-duty vehicle electrification results in
line 27 approximately 70 percent fewer greenhouse gases emitted, over
line 28 85 percent fewer ozone-forming air pollutants emitted, and 100
line 29 percent fewer petroleum used. These reductions will become larger
line 30 as renewable generation increases.
line 31 (2) It is the policy of the state and the intent of the Legislature
line 32 to encourage transportation electrification as a means to achieve
line 33 ambient air quality standards and the state’s climate goals.
line 34 Agencies designing and implementing regulations, guidelines,
line 35 plans, and funding programs to reduce emissions of greenhouse
line 36 gas emissions gases shall take the findings described in paragraph
line 37 (1) into account.
line 38 (b) (1) The commission, in consultation with the State Air
line 39 Resources Board and the Energy Commission, shall direct electrical
line 40 corporations corporations, and authorize community choice
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AB 1814 — 3 —
line 1 aggregators, to file applications for programs and investments to
line 2 accelerate widespread transportation electrification to reduce
line 3 dependence on petroleum, meet air quality standards, achieve the
line 4 goals set forth in the Charge Ahead California Initiative (Chapter
line 5 8.5 (commencing with Section 44258) of Part 5 of Division 26 of
line 6 the Health and Safety Code), and reduce emissions of greenhouse
line 7 gases to 40 percent below 1990 levels by 2030 and to 80 percent
line 8 below 1990 levels by 2050. Programs
line 9 (2) Programs proposed by electrical corporations or community
line 10 choice aggregators shall seek to minimize overall costs and
line 11 maximize overall benefits. The benefits, including through
line 12 leveraging nonratepayer funding sources.
line 13 (3) The commission shall approve, or modify and approve,
line 14 programs and investments in transportation electrification,
line 15 including those that deploy charging infrastructure, via a reasonable
line 16 cost recovery mechanism, if they are consistent with this section,
line 17 do not unfairly compete with nonutility enterprises as required
line 18 under Section 740.3, include performance accountability measures,
line 19 and are in the interests of ratepayers as defined in Section 740.8.
line 20 Not
line 21 (4) If a community choice aggregator’s application is approved,
line 22 the applicable electrical corporation shall collect the approved
line 23 charge from its distribution customers and shall distribute those
line 24 moneys to the community choice aggregator pursuant to the
line 25 approved application.
line 26 (5) Not less than 35 percent of the investments made pursuant
line 27 to this subdivision shall be in underserved communities
line 28 communities, as that term is defined in Section 1601.
line 29 (c) The commission shall review data concerning current and
line 30 future electric transportation adoption and charging infrastructure
line 31 utilization prior to use before authorizing an electrical corporation
line 32 to collect new program costs related to transportation electrification
line 33 in customer rates. If market barriers unrelated to the investment
line 34 made by an electric corporation or community choice aggregator
line 35 prevent electric transportation from adequately utilizing using
line 36 available charging infrastructure, the commission shall not permit
line 37 additional investments in transportation electrification without a
line 38 reasonable showing that the investments would not result in
line 39 long-term stranded costs recoverable from ratepayers.
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— 4 — AB 1814
line 1 (d) This section applies to an application to the commission for
line 2 transportation electrification programs and investments if one of
line 3 the following conditions is met:
line 4 (1) The application is filed on or after January 1, 2016.
line 5 (2) The application is filed before January 1, 2016, but has an
line 6 evidentiary hearing scheduled on or after July 1, 2016.
line 7 SEC. 2. No reimbursement is required by this act pursuant to
line 8 Section 6 of Article XIII B of the California Constitution because
line 9 the only costs that may be incurred by a local agency or school
line 10 district will be incurred because this act creates a new crime or
line 11 infraction, eliminates a crime or infraction, or changes the penalty
line 12 for a crime or infraction, within the meaning of Section 17556 of
line 13 the Government Code, or changes the definition of a crime within
line 14 the meaning of Section 6 of Article XIII B of the California
line 15 Constitution.
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AB 1814 — 5 —
AMENDED IN SENATE SEPTEMBER 3, 2021
AMENDED IN SENATE AUGUST 26, 2021
AMENDED IN SENATE JULY 12, 2021
AMENDED IN ASSEMBLY MARCH 25, 2021
california legislature—2021–22 regular session
ASSEMBLY BILL No. 1512
Introduced by Assembly Member Bauer-Kahan
(Principal coauthor: Senator Glazer)
February 19, 2021
An act to add Section 5090.42 to the Public Resources Code, relating
to parks and recreation.
legislative counsel’s digest
AB 1512, as amended, Bauer-Kahan. Off-highway vehicular
recreation: Carnegie State Vehicular Recreation Area: Alameda-Tesla
Expansion Area.
Existing law, the Off-Highway Motor Vehicle Recreation Act of
2003, states it is the intent of the Legislature that the Department of
Parks and Recreation should support both motorized recreation and
motorized off-highway access to nonmotorized recreation. Existing law
establishes the Off-Highway Vehicle Trust Fund and requires the
revenues in the fund to be available, upon appropriation, for specified
purposes, including the planning, acquisition, development, mitigation,
construction, maintenance, administration, operation, restoration, and
conservation of lands in state vehicular recreation areas and certain
other areas.
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This bill would require the department to preserve, in perpetuity, land
known as the “Alameda-Tesla Expansion Area,” which is currently part
of the Carnegie State Vehicular Recreation Area, for conservation
purposes, including for nonmotorized public recreation, as provided.
The bill would require the department to work with other entities to
have $9,000,000 appropriated, transferred, or donated to the
Off-Highway Vehicle Trust Fund by January 1, 2025.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares all of the
line 2 following:
line 3 (a) To support the global effort to combat the biodiversity and
line 4 climate crises, Governor Gavin Newsom’s Executive Order No.
line 5 N-82-20 establishes a goal of the state to conserve at least 30
line 6 percent of California’s land and coastal waters by 2030. The
line 7 executive order directs the Natural Resources Agency, along with
line 8 other relevant state agencies, in consultation with the California
line 9 Biodiversity Collaborative, to develop and report strategies to the
line 10 Governor no later than February 1, 2022, to achieve this goal in a
line 11 manner that:
line 12 (1) Protects and restores biodiversity.
line 13 (2) Enables enduring conservation measures on a broad range
line 14 of landscapes, including natural areas and working lands, in
line 15 partnership with land managers and natural resource user groups.
line 16 (3) Expands equitable outdoor access and recreation for all
line 17 Californians.
line 18 (b) To advance efforts to conserve biodiversity, the Natural
line 19 Resources Agency is directed pursuant to Governor Gavin
line 20 Newsom’s Executive Order No. N-82-20 to take the following
line 21 actions within existing authority and resources:
line 22 (1) Strategically prioritize investments in cooperative,
line 23 high-priority actions that promote biodiversity protection, habitat
line 24 restoration, wildfire-resilient, sustainably managed landscapes,
line 25 and other conservation outcomes.
line 26 (2) Implement actions to increase the pace and scale of
line 27 environmental restoration and land management efforts by
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— 2 — AB 1512
line 1 streamlining the state’s process to approve and facilitate these
line 2 projects.
line 3 (3) Collaborate with federal and state research institutions to
line 4 utilize innovative scientific observation technology and with tribal
line 5 partners to incorporate tribal expertise and traditional ecological
line 6 knowledge to better understand our biodiversity and threats it
line 7 faces.
line 8 (c) On January 12, 2021, a court ruling on a petition by the
line 9 County of Alameda challenging the Carnegie State Vehicular
line 10 Recreation Area environmental impact report and general plan,
line 11 which included opening the Alameda-Tesla Expansion Area to
line 12 off-highway vehicle recreation, found that the environmental
line 13 impact report and general plan violated the California
line 14 Environmental Quality Act (Division 13 (commencing with Section
line 15 21000) of the Public Resources Code) and ordered that the
line 16 environmental impact report and general plan be set aside and that
line 17 the Department of Parks and Recreation’s Off-Highway Motor
line 18 Vehicle Recreation Division can use moneys from the Off-Highway
line 19 Vehicle Trust Fund for conservation and nonmotorized recreation,
line 20 including to preserve the Alameda-Tesla Expansion Area.
line 21 (d) Specifically, the court said, “The Court, exercising its
line 22 independent judgment with regard to Respondents’ statutory
line 23 interpretation finds Respondents have failed to proceed in the
line 24 manner required by law. Paragraph (3) of subdivision (c) of Section
line 25 5090.02 of the Public Resources Code directs Respondents to
line 26 support both motorized recreation and motorized off-highway
line 27 access to nonmotorized recreation.”
line 28 (e) The court also said the “statute does not mandate
line 29 Respondents to prioritize OHV [off-highway vehicle] use, but
line 30 rather directs Respondents to strike a balance to support both
line 31 activities. Respondents have not cited to any authority that prohibits
line 32 them from adding acreage to an existing SVRA [state vehicular
line 33 recreation area] without including OHV recreation opportunities
line 34 on the newly acquired acreage or, considering the Carnegie SVRA
line 35 as a whole, utilizing the additional acreage with a reduced use
line 36 alternative.”
line 37 (f) Furthermore, the court said, “Clearly, in the present
line 38 circumstances OHV recreation opportunities are already available
line 39 in the Carnegie SVRA, therefore if the [Alameda-Tesla] Expansion
line 40 Area includes solely off-highway motorized access to
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AB 1512 — 3 —
line 1 nonmotorized recreation (or, more likely, minimal OHV recreation
line 2 as was presented in the reduced use alternative) the Carnegie SVRA
line 3 as a whole complies with the legislative intent concerning SVRAs.”
line 4 (g) The Alameda-Tesla Expansion Area hosts highly sensitive,
line 5 biologically diverse, and irreplaceable natural, cultural, and
line 6 historical resources, including rare, threatened, and endangered
line 7 plant and wildlife wildlife and plant species, designated critical
line 8 habitats, sensitive vegetation communities and unusual vegetation
line 9 assemblages, a critical habitat corridor along the Diablo Range,
line 10 Native American archeologic and sacred ceremonial sites, and the
line 11 historic Tesla town site. These resources could be irreparably
line 12 damaged by off-highway vehicle recreation.
line 13 (h) The location of the Alameda-Tesla Expansion Area in eastern
line 14 Alameda County makes it particularly accessible for large urban
line 15 communities and underserved populations in the region.
line 16 (i) It is the intent of the Legislature to preserve the
line 17 Alameda-Tesla Expansion Area for conservation purposes and as
line 18 a resource for nonmotorized recreation.
line 19 SEC. 2. Section 5090.42 is added to the Public Resources Code,
line 20 to read:
line 21 5090.42. (a) For purposes of this section, “land” means the
line 22 land known as the “Alameda-Tesla Expansion Area,” which
line 23 encompasses approximately 3,100 acres in the County of Alameda
line 24 and is currently part of Carnegie State Vehicular Recreation Area.
line 25 (b) The department shall preserve, in perpetuity, the land for
line 26 conservation purposes, including for nonmotorized public
line 27 recreation, consistent with Sections 5019.71 and 5019.74.
line 28 (c) The department shall work with other entities to have nine
line 29 million dollars ($9,000,000) appropriated, donated, or transferred
line 30 to the Off-Highway Vehicle Trust Fund, established pursuant to
line 31 subdivision (c) of Section 38225 of the Vehicle Code, by January
line 32 1, 2025.
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california legislature—2021–22 regular session
ASSEMBLY BILL No. 2374
Introduced by Assembly Member Bauer-Kahan
February 16, 2022
An act to amend Section 374.3 of the Penal Code, relating to crimes.
legislative counsel’s digest
AB 2374, as introduced, Bauer-Kahan. Crimes against public health
and safety: illegal dumping.
Existing law prohibits the dumping of waste matter upon a road or
highway or in other locations, as specified. A violation of this
prohibition, generally, is an infraction punishable by specified fines
that escalate for subsequent convictions. Under existing law, the court
may, as a condition of probation, order the convicted person to remove,
or pay for the removal of, the waste matter.
Under existing law, the dumping of commercial quantities of waste,
as defined, is punishable as a misdemeanor and also includes escalating
fines.
This bill would increase the maximum fine for the dumping of
commercial quantities of waste from $3000 to $5000 for the first
conviction, from $6000 to $10,000 for the second conviction, and from
$10,000 to $20,000 for the third and any subsequent convictions.
This bill would also require, instead of authorize, the court to order
a person convicted of dumping commercial quantities of waste to
remove, or pay for the removal of, the waste matter that was illegally
dumped. The bill would authorize the court to order the surrender of a
professional or business license that is related to the illegal dumping
activity for which the person has been convicted, as a condition of
probation. The bill would authorize the court, as a condition of
99
probation, to order the name of a person convicted of dumping
commercial quantities of waste to be publicly posted or published.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 374.3 of the Penal Code is amended to
line 2 read:
line 3 374.3. (a) It is unlawful to dump or cause to be dumped waste
line 4 matter in or upon a public or private highway or road, including
line 5 any portion of the right-of-way thereof, or in or upon private
line 6 property into or upon which the public is admitted by easement or
line 7 license, or upon private property without the consent of the owner,
line 8 or in or upon a public park or other public property other than
line 9 property designated or set aside for that purpose by the governing
line 10 board or body having charge of that property.
line 11 (b) It is unlawful to place, deposit, or dump, or cause to be
line 12 placed, deposited, or dumped, rocks, concrete, asphalt, or dirt in
line 13 or upon a private highway or road, including any portion of the
line 14 right-of-way of the private highway or road, or private property,
line 15 without the consent of the owner or a contractor under contract
line 16 with the owner for the materials, or in or upon a public park or
line 17 other public property, without the consent of the state or local
line 18 agency having jurisdiction over the highway, road, or property.
line 19 (c) A person violating this section is guilty of an infraction.
line 20 Each day that waste placed, deposited, or dumped in violation of
line 21 subdivision (a) or (b) remains is a separate violation.
line 22 (d) This section does not restrict a private owner in the use of
line 23 his or her their own private property, unless the placing, depositing,
line 24 or dumping of the waste matter on the property creates a public
line 25 health and safety hazard, a public nuisance, or a fire hazard, as
line 26 determined by a local health department, local fire department or
line 27 district providing fire protection services, or the Department of
line 28 Forestry and Fire Protection, in which case this section applies.
line 29 (e) A person convicted of a violation of this section shall be
line 30 punished by a mandatory fine of not less than two hundred fifty
line 31 dollars ($250) nor more than one thousand dollars ($1,000) upon
line 32 a first conviction, by a mandatory fine of not less than five hundred
line 33 dollars ($500) nor more than one thousand five hundred dollars
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— 2 — AB 2374
line 1 ($1,500) upon a second conviction, and by a mandatory fine of
line 2 not less than seven hundred fifty dollars ($750) nor more than
line 3 three thousand dollars ($3,000) upon a third or subsequent
line 4 conviction. If the court finds that the waste matter placed,
line 5 deposited, or dumped was used tires, the fine prescribed in this
line 6 subdivision shall be doubled.
line 7 (f) The court may require, in addition to any fine imposed upon
line 8 a conviction, that, as a condition of probation and in addition to
line 9 any other condition of probation, a person convicted under this
line 10 section remove, or pay the cost of removing, any waste matter
line 11 which the convicted person dumped or caused to be dumped upon
line 12 public or private property.
line 13 (g) Except when the court requires the convicted person to
line 14 remove waste matter which he or she is they are responsible for
line 15 dumping as a condition of probation, the court may, in addition to
line 16 the fine imposed upon a conviction, require as a condition of
line 17 probation, in addition to any other condition of probation, that a
line 18 person convicted of a violation of this section pick up waste matter
line 19 at a time and place within the jurisdiction of the court for not less
line 20 than 12 hours.
line 21 (h) (1) A person who places, deposits, or dumps, or causes to
line 22 be placed, deposited, or dumped, waste matter in violation of this
line 23 section in commercial quantities shall be guilty of a misdemeanor
line 24 punishable by imprisonment in a county jail for not more than six
line 25 months and by a fine. The fine is mandatory and shall amount to
line 26 not less than one thousand dollars ($1,000) nor more than three
line 27 five thousand dollars ($3,000) ($5,000) upon a first conviction,
line 28 not less than three thousand dollars ($3,000) nor more than six ten
line 29 thousand dollars ($6,000) ($10,000) upon a second conviction,
line 30 and not less than six thousand dollars ($6,000) nor more than ten
line 31 twenty thousand dollars ($10,000) ($20,000) upon a third or
line 32 subsequent conviction.
line 33 (2) The court shall require, in addition to the fine imposed upon
line 34 a conviction, that, as a condition of probation and in addition to
line 35 any other condition of probation, a person convicted under this
line 36 subdivision to remove, or pay the cost of removing, any waste
line 37 matter which the convicted person dumped or caused to be dumped
line 38 upon public or private property.
line 39 (3) The court may require, in addition to the fine imposed upon
line 40 a conviction, that, as a condition of probation, in addition to any
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AB 2374 — 3 —
line 1 other condition of probation, a person convicted under this
line 2 subdivision surrender, for the duration of the term of probation,
line 3 any license or permit to conduct business in the State of California,
line 4 including, but not limited to, a license issued by the Department
line 5 of Consumer Affairs Contractors State License Board, that is
line 6 related to the illegal dumping activity for which the person was
line 7 convicted.
line 8 (4) The court may require, in addition to the fine imposed upon
line 9 a conviction, that, as a condition of probation, in addition to any
line 10 other condition of probation, that the name of the person convicted
line 11 under this subdivision be posted publicly in a manner set forth by
line 12 the court.
line 13 (2)
line 14 (5) “Commercial quantities” means an amount of waste matter
line 15 generated in the course of a trade, business, profession, or
line 16 occupation, or an amount equal to or in excess of one cubic yard.
line 17 This subdivision does not apply to the dumping of household waste
line 18 at a person’s residence.
line 19 (i) For purposes of this section, “person” means an individual,
line 20 trust, firm, partnership, joint stock company, joint venture, or
line 21 corporation.
line 22 (j) Except in unusual cases where the interests of justice would
line 23 be best served by waiving or reducing a fine, the minimum fines
line 24 provided by this section shall not be waived or reduced.
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— 4 — AB 2374
AMENDED IN SENATE JANUARY 3, 2022
AMENDED IN SENATE APRIL 8, 2021
SENATE BILL No. 45
Introduced by Senators Portantino, Allen, Hurtado, Stern,
Hertzberg, and Rubio Senator Portantino
(Coauthors: Senators Archuleta, Atkins, Cortese, Dodd, Glazer,
and Gonzalez)
December 7, 2020
An act to add Division 47 (commencing with Section 80200) to the
Public Resources Code, relating to a wildfire prevention, safe drinking
water, drought preparation, and flood protection program, by providing
the funds necessary therefor through an election for the issuance and
sale of bonds of the State of California and for the handling and
disposition of those funds. Section 42655 to the Public Resources Code,
relating to solid waste.
legislative counsel’s digest
SB 45, as amended, Portantino. Wildfire Prevention, Safe Drinking
Water, Drought Preparation, and Flood Protection Bond Act of 2022.
Short-lived climate pollutants: organic waste reduction goals: local
jurisdiction assistance.
Existing law requires the State Air Resources Board, no later than
January 1, 2018, to approve and begin implementing a short-lived
climate pollutant strategy to achieve a reduction in the statewide
emissions of methane by 40%, hydrofluorocarbon gases by 40%, and
anthropogenic black carbon by 50% below 2013 levels by 2030. Existing
law requires that the methane emissions reduction goals include a 50%
reduction in the level of statewide disposal of organic waste from the
97
2014 level by 2020 and a 75% reduction in the level of 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 the organic waste reduction goals established by the state board
for 2020 and 2025, as provided. Existing law requires the department,
no later than July 1, 2020, and in consultation with the state board, to
analyze the progress that the waste sector, state government, and local
governments have made in achieving these organic waste reduction
goals. Existing law authorizes the department, if it determines that
significant progress has not been made toward achieving the organic
waste reduction goals established by the state board, to include
incentives or additional requirements in its regulations to facilitate
progress towards achieving the goals.
This bill would require the department, in consultation with the state
board, to provide assistance to local jurisdictions, including, but not
limited to, any funding appropriated by the Legislature in the annual
Budget Act, for purposes of assisting local agencies to comply with
these provisions, including any regulations adopted by the department.
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 $4,100,000,000
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 Wildfire Prevention, Safe Drinking Water,
Drought Preparation, and Flood Protection Bond Act of 2022, which,
if approved by the voters, would authorize the issuance of bonds in the
amount of $5,595,000,000 pursuant to the State General Obligation
Bond Law to finance projects for a wildfire prevention, safe drinking
water, drought preparation, and flood protection program.
This bill would provide for the submission of these provisions to the
voters at the November 8, 2022, statewide general election.
Vote: 2⁄3 majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
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— 2 — SB 45
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 42655 is added to the Public Resources
line 2 Code, immediately following Section 42654, to read:
line 3 42655. The department, in consultation with the State Air
line 4 Resources Board, shall provide assistance to local jurisdictions,
line 5 including, but not limited to, any funding appropriated by the
line 6 Legislature in the annual Budget Act, for purposes of assisting
line 7 local jurisdictions to comply with this chapter, including any
line 8 regulations adopted by the department pursuant to Section 42652.5.
line 9
line 10
line 11 All matter omitted in this version of the bill
line 12 appears in the bill as amended in the
line 13 Senate, April 8, 2021. (JR11)
line 14
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SB 45 — 3 —
AMENDED IN SENATE MARCH 9, 2022
SENATE BILL No. 852
Introduced by Senator Dodd
January 18, 2022
An act to add Division 6 (commencing with Section 62300) of Title
6 to the Government Code, relating to climate resilience districts.
legislative counsel’s digest
SB 852, as amended, Dodd. Climate resilience districts: formation:
funding mechanisms.
Existing law authorizes certain local agencies to form a community
revitalization authority (authority) within a community revitalization
and investment area, as defined, to carry out provisions of the
Community Redevelopment Law in that area for purposes related to,
among other things, infrastructure, affordable housing, and economic
revitalization. Existing law provides for the financing of these activities
by, among other things, the issuance of bonds serviced by property tax
increment revenues, and requires the authority to adopt a community
revitalization and investment plan for the community revitalization and
investment area that includes elements describing and governing
revitalization activities.
This bill would authorize a city, county, city and county, special
district, or a combination of any of those entities to form a climate
resilience district for the purposes of raising and allocating funding for
eligible projects and the operating expenses of eligible projects. The
bill would define “eligible project” to mean projects that address sea
level rise, extreme heat, extreme cold, the risk of wildfire, drought, and
the risk of flooding, as specified. The bill would authorize a district
created pursuant to these provisions to have boundaries that are identical
98
to the boundaries of the participating entities or within the boundaries
of the participating entities. The bill would authorize specified local
entities to adopt a resolution to provide property tax increment revenues
to the district. The bill would also authorize specified local entities to
adopt a resolution allocating other tax revenues to the district, subject
to certain requirements. The bill would provide for the financing of the
activities of the district by, among other things, levying a benefit
assessment, special tax, property-related fee, or other service charge or
fee consistent with the requirements of the California Constitution. The
bill would require each district to prepare an annual expenditure plan
and an operating budget and capital improvement budget, which must
be adopted by the governing body of the district and subject to review
and revision at least annually. By imposing duties on counties in the
administration of tax revenues and elections of a climate resilience
district, the bill would impose a state-mandated local program.
Existing law creates the Sonoma County Regional Climate Protection
Authority, requires the authority to be governed by the same board as
that governing the Sonoma County Transportation Authority, and
imposes certain duties on the authority. Existing law authorizes the
authority to apply for and to receive grants of funds to carry out its
functions.
This bill would deem the Sonoma County Regional Climate Protection
Authority as a climate resilience district and grant the authority all of
the powers available to such a district, except that the authority may
not use any tax increment revenue unless it complies with the
requirements for receiving and using tax increment revenue applicable
to a new climate resilience district.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
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The people of the State of California do enact as follows:
line 1 SECTION 1. Division 6 (commencing with Section 62300) is
line 2 added to Title 6 of the Government Code, to read:
line 3
line 4 DIVISION 6. CLIMATE RESILIENCE DISTRICTS
line 5
line 6 62300. This division shall be known, and may be cited, as the
line 7 Climate Resilience Districts Act.
line 8 62301. It is the intent of Legislature in enacting this division
line 9 to provide the ability for local governments to create districts for
line 10 the purpose of addressing climate change effects and impacts
line 11 through activities and actions that include mitigation and
line 12 adaptation, as necessary and appropriate, to achieve all of the
line 13 following:
line 14 (a) Providing a sustained and certain level and source of funding
line 15 at the local level.
line 16 (b) Allowing activities and actions on an appropriate geographic
line 17 basis.
line 18 (c) Facilitating the receipt and use of federal, state, local, and
line 19 private funds.
line 20 62302. For purposes of this division:
line 21 (a) “District” means a climate resilience district formed pursuant
line 22 to this division.
line 23 (b) “Eligible project” means a capital project that is designed
line 24 and implemented to address climate change mitigation or
line 25 adaptation, including, but not limited to, all of the following:
line 26 (1) A project that addresses river, bay, or sea level rise, including
line 27 sea walls, wetlands restoration, erosion control, and levies.
line 28 (2) A project that addresses extreme heat, including constructing,
line 29 improving, or modifying new or existing facilities.
line 30 (3) A project that addresses extreme cold, rain, or snow,
line 31 including constructing, improving, or modifying new or existing
line 32 facilities.
line 33 (4) A project that addresses the risk of wildfire, including
line 34 establishing fire breaks, prescribed burning, structure hardening,
line 35 and vegetation control.
line 36 (5) A project that addresses drought, including multiuse land
line 37 repurposing, groundwater replenishment, groundwater storage,
line 38 and conjunctive use.
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SB 852 — 3 —
line 1 (6) A project that addresses the risk of flooding, including
line 2 structure elevation or relocation, wetlands restoration, flood
line 3 easements, and levees.
line 4 (c) “Participating entity” means a city, county, or special district
line 5 within a climate resilience district that adopts a resolution directing
line 6 the county auditor or auditor-controller to allocate its share of
line 7 property tax increment within the area covered by the district to
line 8 the district pursuant to Section 62306.
line 9 (d) “Property tax increment” means that portion of the ad
line 10 valorem taxes, as defined under subdivision (a) of Section 1 of
line 11 Article XIII A of the California Constitution, excluding any ad
line 12 valorem taxes or assessments levied pursuant to subdivision (b)
line 13 of Section 1 of Article XIII A of the California Constitution, levied
line 14 each year in excess of the amount levied by or for a taxing agency
line 15 upon the total sum of the assessed value of the taxable property in
line 16 the boundaries of a district as defined in the resolution first
line 17 establishing the district, as shown upon the assessment roll used
line 18 in connection with the taxation of that property by the taxing
line 19 agency as of the last equalized roll prior to either the effective date
line 20 of the authorizing resolution or, if specified in the authorizing
line 21 resolution, another fiscal year no more than five years prior to the
line 22 effective date of the authorizing resolution.
line 23 62303. (a) (1) A city, county, city and county, special district,
line 24 or a combination of any of those entities may form a climate
line 25 resilience district pursuant to this division.
line 26 (2) The boundaries of the district shall be one of the following:
line 27 (A) Coterminous with the county, city, or special district forming
line 28 the district.
line 29 (B) Within a city or a county forming the district.
line 30 (C) Across two or more counties, cities, or special districts that
line 31 are forming the district.
line 32 (b) (1) A district shall be formed for the purpose of raising and
line 33 allocating funding for eligible projects and the operating expenses
line 34 of eligible projects.
line 35 (2) Operating expenses may include any of the following:
line 36 (A) The expenses of operating the district.
line 37 (B) The planning of eligible projects.
line 38 (C) The operational expenses of any eligible project.
line 39 (c) A district shall be deemed to be an “agency” described in
line 40 subdivision (b) of Section 16 of Article XVI of the California
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— 4 — SB 852
line 1 Constitution only for purposes of receiving property tax increment
line 2 revenues.
line 3 62303.5. (a) Notwithstanding the procedures for establishing
line 4 a district under this division, the authority shall be deemed a
line 5 climate resilience district and is hereby granted all of the powers
line 6 described in Section 62307, except as provided in subdivision (c).
line 7 (b) Notwithstanding subdivision (a) of Section 62305, the
line 8 legislative body of the district formed pursuant to this section shall
line 9 be the legislative body of the authority.
line 10 (c) This section shall not grant the district the power to use any
line 11 tax increment revenues unless it complies with the requirements
line 12 for receiving and using tax increment revenue pursuant to
line 13 subdivision (d) of Section 62304 and Section 62306.
line 14 (d) For purposes of this section, “authority” means the Sonoma
line 15 County Regional Climate Protection Authority created pursuant
line 16 to Division 19.1 (commencing with Section 181000) of the Public
line 17 Utilities Code.
line 18 62304. Proceedings for the establishment of a district shall be
line 19 instituted by the adoption of a resolution of intention to establish
line 20 the proposed district and shall do all of the following:
line 21 (a) State that a district is proposed to be established pursuant to
line 22 this division and describe the boundaries of the proposed district,
line 23 which may be accomplished by reference to a map on file in the
line 24 office of the clerk of the city or in the office of the recorder of the
line 25 county, as applicable.
line 26 (b) State the type of eligible projects proposed to be financed
line 27 or assisted by the district.
line 28 (c) State the need for the district and the goals the district
line 29 proposes to achieve.
line 30 (d) (1) State that any property tax increment revenue from some
line 31 or all affected taxing entities within the district, if approved by
line 32 resolution pursuant to Section 62306, may be used to finance these
line 33 activities.
line 34 (2) The city, county, city and county, or special district shall
line 35 not enact a resolution proposing formation of a district and
line 36 providing for the division of taxes of any participating entity unless
line 37 a resolution approving the plan has been adopted by the governing
line 38 body of each participating entity pursuant to Section 62306, which
line 39 is proposed to be subject to division of taxes and has been filed
line 40 with the legislative body at or prior to the time of the hearing.
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SB 852 — 5 —
line 1 62305. (a) A district shall have a membership consisting of
line 2 one of the following, as appropriate:
line 3 (1) If a district has only one participating entity the district shall
line 4 consist of three members of the legislative body of the participating
line 5 entity, and two members of the public chosen by the legislative
line 6 body. The legislative body may appoint one of its members to be
line 7 an alternate member of the legislative body, who may serve and
line 8 vote in place of a member who is absent or disqualifies themselves
line 9 from participating in a meeting of the district. The appointment of
line 10 the public members shall be subject to the provisions of Sections
line 11 54970 and 54972.
line 12 (2) If a district has two or more participating entities the district
line 13 shall consist of a majority of members from the legislative bodies
line 14 of the participating entities, and a minimum of two members of
line 15 the public chosen by the legislative bodies of the participating
line 16 entities. A legislative body of a participating entity may appoint
line 17 one of its members to be an alternate member of the legislative
line 18 body, who may serve and vote in place of a member who is absent
line 19 or disqualifies themselves from participating in a meeting of the
line 20 district. The appointment of the public members shall be subject
line 21 to the provisions of Sections 54970 and 54972.
line 22 (3) If a district has more than three participating entities, the
line 23 legislative bodies of the entities may, upon agreement by all
line 24 participating entities, appoint only one member and one alternate
line 25 member of their respective legislative bodies to the district and a
line 26 minimum of two members of the public chosen by the legislative
line 27 bodies of the participating entities. The appointment of the public
line 28 members shall be subject to the provisions of Sections 54970 and
line 29 54972.
line 30 (b) The legislative body shall ensure the district board is
line 31 established at the same time that it adopts a resolution of intention
line 32 pursuant to Section 62304.
line 33 (c) Board members of the district established pursuant to this
line 34 division shall not receive compensation but may receive
line 35 reimbursement for actual and necessary expenses incurred in the
line 36 performance of official duties pursuant to Article 2.3 (commencing
line 37 with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title
line 38 5.
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line 1 (d) Board members of the district are subject to Article 2.4
line 2 (commencing with Section 53234) of Chapter 2 of Part 1 of
line 3 Division 2 of Title 5.
line 4 (e) Notwithstanding any other law, any member of the legislative
line 5 body of a participating entity who serves as a member of the district
line 6 board pursuant to this section may also serve as a member of the
line 7 governing body of an agency or entity formed pursuant to an
line 8 agreement for the joint exercise of power that the participating
line 9 entity has entered into in accordance with the Joint Exercise of
line 10 Powers Act (Chapter 5 (commencing with Section 6500) of
line 11 Division 7 of Title 1).
line 12 62306. (a) (1) At any time before or after adoption of the
line 13 resolution establishing the district pursuant to Section 62304, any
line 14 city, county, or special district, other than a school entity as defined
line 15 in subdivision (n) of Section 95 of the Revenue and Taxation Code,
line 16 or a successor agency as defined in subdivision (j) of Section 34171
line 17 of the Health and Safety Code, that receives ad valorem property
line 18 taxes from property located within an area may adopt a resolution
line 19 directing the county auditor or auditor-controller to allocate its
line 20 share of property tax increment within the area covered by the
line 21 district to the district. The resolution adopted pursuant to this
line 22 subdivision may direct the county auditor or auditor-controller to
line 23 allocate less than the full amount of the property tax increment,
line 24 and to establish a maximum amount of time in years that the
line 25 allocation takes place. These amounts shall be allocated to the
line 26 district and, when collected, shall be held in a separate fund by the
line 27 district. Before adopting a resolution pursuant to this subdivision,
line 28 a city, county, or special district shall approve a memorandum of
line 29 understanding with the district governing the use of property tax
line 30 increment funds by the district for administrative and overhead
line 31 expenses.
line 32 (2) The provision for the receipt of property tax increment shall
line 33 become effective in the property tax year that begins after the
line 34 December 1 immediately following the adoption of a resolution
line 35 pursuant paragraph (1). A resolution adopted pursuant to paragraph
line 36 (1) shall be provided to the county auditor or auditor-controller no
line 37 later than the December 1 immediately following its adoption.
line 38 (3) A resolution adopted pursuant to this subdivision may be
line 39 repealed and be of no further effect beginning in the fiscal year
line 40 following the adoption of any repeal, by giving the county auditor
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SB 852 — 7 —
line 1 or auditor-controller at least 90 days’ notice prior to the end of the
line 2 current fiscal year, provided, however, that the county auditor or
line 3 auditor-controller shall continue to allocate the participating
line 4 entity’s share of ad valorem property taxes that have been pledged
line 5 to the repayment of debt issued by the district to the district until
line 6 that debt has been fully repaid, including by means of a refinancing
line 7 or refunding, unless otherwise agreed upon by the district and the
line 8 participating entity. For purposes of determining the annual amount
line 9 of a participating entity’s share of ad valorem property taxes that
line 10 shall continue to be allocated to a district following a repeal, the
line 11 annual amount allocated for all years until the debt has been fully
line 12 repaid shall be the maximum amount required to service the debt
line 13 for any single annual period as provided in the district’s debt
line 14 service schedule.
line 15 (4) When the loans, advances, and indebtedness of a district, if
line 16 any, and interest thereon, have been paid, or the maximum amount
line 17 of time in years has passed in accordance with a resolution adopted
line 18 pursuant to this subdivision, all funds thereafter received from
line 19 taxes upon the taxable property in the district’s boundaries shall
line 20 be paid into the funds of the respective taxing agencies as taxes
line 21 on all other property are paid.
line 22 (5) All of the taxes levied and collected upon the taxable
line 23 property in the boundaries of the district shall be paid into the
line 24 funds of the respective taxing agencies as though the district had
line 25 not been created unless the total assessed valuation of the taxable
line 26 property in the boundaries of a district exceeds the total assessed
line 27 value of the taxable property in the boundaries as shown by the
line 28 last equalized assessment roll.
line 29 (b) (1) At any time before or after the adoption of the resolution
line 30 establishing the district pursuant to Section 62304, a city, county,
line 31 or special district, other than a school entity as defined in
line 32 subdivision (n) of Section 95 of the Revenue and Taxation Code
line 33 or a successor agency as defined in subdivision (j) of Section 34171
line 34 of the Health and Safety Code, may adopt a resolution to allocate
line 35 tax revenues of that entity to the district, including revenues derived
line 36 from local sales and use taxes imposed pursuant to the
line 37 Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5
line 38 (commencing with Section 7200) of Division 2 of the Revenue
line 39 and Taxation Code) or transactions and use taxes imposed pursuant
line 40 to the Transactions and Use Tax Law (Part 1.6 (commencing with
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— 8 — SB 852
line 1 Section 7251)of Division 2 of the Revenue and Taxation Code),
line 2 provided that both of the following apply:
line 3 (A) The use of those revenues by the district for purposes of
line 4 this division is consistent with the purposes for which that tax was
line 5 imposed.
line 6 (B) The boundaries of the district are coterminous with the city
line 7 or county that established the district.
line 8 (2) A resolution adopted pursuant to this subdivision may be
line 9 repealed and be of no further effect, provided, however, that the
line 10 tax revenues allocated to the district that have been pledged to the
line 11 repayment of debt issued by the district shall continue to be so
line 12 allocated until that debt has been fully repaid, including by means
line 13 of a refinancing or refunding, unless otherwise agreed upon by the
line 14 district and the participating entity.
line 15 (c) A minimum of 95 percent of the allocated property tax
line 16 increment revenues pursuant to subdivision (a), and allocated tax
line 17 revenues pursuant to subdivision (b), shall be used to fund eligible
line 18 projects and the operating expenses of eligible projects. Not more
line 19 than 5 percent of allocated revenues may be used for
line 20 administration.
line 21 62307. A district has, and may exercise, all powers, expressed
line 22 or implied, that are necessary to carry out the intent and purposes
line 23 of this division, including, but not limited to, the power to do all
line 24 of the following:
line 25 (a) (1) Levy a benefit assessment, special tax levied pursuant
line 26 to Article 3.5 (commencing with Section 50075) of Chapter 1 of
line 27 Part 1 of Division 1 of Title 5, or property-related fee or other
line 28 service charge or fee consistent with the requirements of Articles
line 29 XIII A, XIII C, and XIII D of the California Constitution,
line 30 including, but not limited to, a benefit assessment levied pursuant
line 31 to paragraph (2).
line 32 (2) The district may levy a benefit assessment for any of the
line 33 purposes authorized by this division pursuant to any of the
line 34 following:
line 35 (A) The Improvement Act of 1911 (Division 7 (commencing
line 36 with Section 5000) of the Streets and Highways Code).
line 37 (B) The Improvement Bond Act of 1915 (Division 10
line 38 (commencing with Section 8500) of the Streets and Highways
line 39 Code).
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SB 852 — 9 —
line 1 (C) The Municipal Improvement Act of 1913 (Division 12
line 2 (commencing with Section 10000) of the Streets and Highways
line 3 Code).
line 4 (D) The Landscaping and Lighting Act of 1972 (Part 2
line 5 (commencing with Section 22500) of Division 15 of the Streets
line 6 and Highways Code), notwithstanding Section 22501 of the Streets
line 7 and Highways Code.
line 8 (E) Any other statutory authorization.
line 9 (b) Apply for and receive grants from federal and state agencies.
line 10 (c) Solicit and accept gifts, fees, grants, and allocations from
line 11 public and private entities.
line 12 (d) Issue revenue bonds for any of the purposes authorized by
line 13 this division pursuant to the Revenue Bond Law of 1941 (Chapter
line 14 6 (commencing with Section 54300) of Part 1 of Division 2 of
line 15 Title 5), subject to any applicable constitutional requirements.
line 16 (e) Incur general obligation bonded indebtedness for the
line 17 acquisition or improvement of real property or for funding or
line 18 refunding of any outstanding indebtedness, subject to any
line 19 applicable constitutional requirements.
line 20 (f) Receive and manage a dedicated revenue source.
line 21 (g) Deposit or invest moneys of the district in banks or financial
line 22 institutions in the state in accordance with state law.
line 23 (h) Sue and be sued, except as otherwise provided by law, in
line 24 all actions and proceedings, in all courts and tribunals of competent
line 25 jurisdiction.
line 26 (i) Engage counsel and other professional services.
line 27 (j) Enter into and perform all necessary contracts.
line 28 (k) Enter into joint powers agreements pursuant to the Joint
line 29 Exercise of Powers Act (Chapter 5 (commencing with Section
line 30 6500) of Division 7 of Title 1).
line 31 (l) Hire staff, define their qualifications and duties, and provide
line 32 a schedule of compensation for the performance of their duties.
line 33 (m) Use interim or temporary staff provided by local agencies
line 34 that are a members of the district. A person who performs duties
line 35 as interim or temporary staff shall not be considered an employee
line 36 of the district.
line 37 62308. (a) If a district proposes a measure that will generate
line 38 revenues for the district that requires voter approval pursuant to
line 39 the California Constitution, the board of supervisors of the county
line 40 or counties in which the district has determined to place the
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line 1 measure on the ballot shall call a special election on the measure.
line 2 The special election shall be consolidated with the next regularly
line 3 scheduled statewide election and the measure shall be submitted
line 4 to the voters in the appropriate counties, consistent with the
line 5 requirements of Articles XIII A, XIII C, and XIII, or Article XVI
line 6 of, the California Constitution, as applicable.
line 7 (b) A district shall be deemed a district for purposes of Section
line 8 317 of the Elections Code. A measure proposed by a district that
line 9 requires voter approval shall be submitted to the voters of within
line 10 the boundaries of the district in accordance with the provisions of
line 11 the Elections Code applicable to districts, including the provisions
line 12 of Chapter 4 (commencing with Section 9300) of Division 9 of
line 13 the Elections Code.
line 14 (c) The district shall file with the board of supervisors of each
line 15 county in which the measure shall appear on the ballot a resolution
line 16 of the district requesting consolidation, and setting forth the exact
line 17 form of the ballot question, in accordance with Section 10403 of
line 18 the Elections Code.
line 19 (d) The legal counsel for the district shall prepare an impartial
line 20 analysis of the measure. The impartial analysis prepared by the
line 21 legal counsel for the district shall be subject to review and revision
line 22 by the county counsel of the county that contains the largest
line 23 population, as determined by the most recent federal decennial
line 24 census, among those counties in which the measure will be
line 25 submitted to the voters.
line 26 (e) Each county included in the measure shall use the exact
line 27 ballot question, impartial analysis, and ballot language provided
line 28 by the district. If two or more counties included in the measure
line 29 are required to prepare a translation of ballot materials into the
line 30 same language other than English, the county that contains the
line 31 largest population, as determined by the most recent federal
line 32 decennial census, among those counties that are required to prepare
line 33 a translation of ballot materials into the same language other than
line 34 English shall prepare the translation and that translation shall be
line 35 used by the other county or counties, as applicable.
line 36 (f) Notwithstanding Section 13116 of the Elections Code, if a
line 37 measure proposed by a district pursuant to this division is submitted
line 38 to the voters of the district in two or more counties, the elections
line 39 officials of those counties shall mutually agree to use the same
line 40 letter designation for the measure.
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SB 852 — 11 —
line 1 (g) The county clerk of each county shall report the results of
line 2 the special election to the authority. If two-thirds of all voters
line 3 voting on the question at the special election vote affirmatively,
line 4 or a different approval threshold required by the California
line 5 Constitution at the time the election is achieved, the measure shall
line 6 take effect in the counties in which the measure appeared on the
line 7 ballot within the timeframe specified in the measure.
line 8 (h) The county clerk of each county shall report the results of
line 9 the special election to the district.
line 10 62309. (a) Each district shall prepare an annual expenditure
line 11 plan that identifies and describes the operations and eligible
line 12 projects undertaken by the district. The expenditure plan shall be,
line 13 after public review and hearing, adopted by the governing body
line 14 of the district and subject to review and revision at least annually.
line 15 (b) Each district shall also prepare and adopt an annual operating
line 16 budget and capital improvement budget. The annual operating
line 17 budget and capital improvement budget shall be, after public review
line 18 and hearing, adopted by the governing body of the district and
line 19 subject to review and revision at least annually.
line 20 62310. (a) A district shall provide for regular audits of its
line 21 accounts and records, maintain accounting records, and report
line 22 accounting transactions in accordance with generally accepted
line 23 accounting principles adopted by the Governmental Accounting
line 24 Standards Board of the Financial Accounting Foundation for both
line 25 public reporting purposes and for reporting of activities to the
line 26 Controller.
line 27 (b) A district shall provide for annual financial reports and make
line 28 copies of the annual financial reports available to the public.
line 29 (c) Commencing in the calendar year in which a district has
line 30 allocated a cumulative total of more than one million dollars
line 31 ($1,000,000) in property tax increment revenues under this division
line 32 or other revenues pursuant to subdivision (b) of Section 62253,
line 33 including any proceeds of a debt issuance, and each year thereafter,
line 34 the district shall contract for an independent audit conducted in
line 35 accordance with generally accepted governmental auditing
line 36 standards.
line 37 62311. (a) All meetings of the district shall be subject to the
line 38 Ralph M. Brown Act (Chapter 9 (commencing with Section 54950)
line 39 of Part 1 of Division 2 of Title 5.)
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— 12 — SB 852
line 1 (b) All records prepared, owned, used, or retained by the district
line 2 are public records for purposes of the California Public Records
line 3 Act (Division 10 (commencing with Section 7920.000) of Title
line 4 1.)
line 5 SEC. 2. The Legislature finds and declares that the allocation
line 6 of revenues derived from a sales and use tax or a transactions and
line 7 use tax to climate resilience district pursuant to Division 6
line 8 (commencing with Section 62300) of Title 6 to the Government
line 9 Code, as added by this act, is not subject to Section 29 of Article
line 10 XIII of the California Constitution because a district is not a city,
line 11 county, or city and county within the meaning of that provision,
line 12 but is rather a separate political entity as described in subdivision
line 13 (c) of Section 62303 of the Government Code, as added by this
line 14 act.
line 15 SEC. 3. If the Commission on State Mandates determines that
line 16 this act contains costs mandated by the state, reimbursement to
line 17 local agencies and school districts for those costs shall be made
line 18 pursuant to Part 7 (commencing with Section 17500) of Division
line 19 4 of Title 2 of the Government Code.
O
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AMENDED IN ASSEMBLY JANUARY 24, 2022
AMENDED IN ASSEMBLY JANUARY 3, 2022
AMENDED IN ASSEMBLY APRIL 20, 2021
AMENDED IN ASSEMBLY MARCH 15, 2021
california legislature—2021–22 regular session
ASSEMBLY BILL No. 1001
Introduced by Assembly Member Cristina Garcia
(Coauthor: Assembly Member Reyes)
February 18, 2021
An act to add Sections 21081.8 and 21098.5 to the Public Resources
Code, relating to the environment.
legislative counsel’s digest
AB 1001, as amended, Cristina Garcia. Environment: mitigation
measures for air and water quality impacts: environmental justice.
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.
95
This bill would require authorize mitigation measures, identified in
an environmental impact report or mitigated negative declaration to
mitigate the adverse effects of a project on air or water quality of a
disadvantaged community, to include measures for avoiding, minimizing,
or compensating for the adverse effects on that community. The bill
would require compensating measures, included as mitigation measures,
to mitigate those effects directly in the affected disadvantaged
community. The bill would require all public agencies, in implementing
CEQA, to act consistently with give consideration to the principles of
environmental justice, as provided, by ensuring the fair treatment and
meaningful involvement of people of all races, cultures, incomes, and
national origins. Because the bill would impose additional duties on
the lead agency, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 21081.8 is added to the Public Resources
line 2 Code, to read:
line 3 21081.8. (a) For projects that have adverse effects on the air
line 4 or water quality of a disadvantaged community as identified
line 5 pursuant to Section 39711 of the Health and Safety Code,
line 6 mitigation measures identified in an environmental impact report
line 7 or mitigated negative declaration to mitigate those adverse effects
line 8 shall may include measures for avoiding, minimizing, or
line 9 compensating for the adverse effects on that community.
line 10 (b) If the mitigation measures include compensating for adverse
line 11 effects on the air or water quality of a disadvantaged community,
line 12 the compensating measures shall mitigate those effects directly in
line 13 the affected disadvantaged communities.
line 14 SEC. 2. Section 21098.5 is added to the Public Resources Code,
line 15 to read:
line 16 21098.5. In implementing this division, all public agencies
line 17 shall act consistently with give consideration to the principles of
95
— 2 — AB 1001
line 1 environmental justice, as set forth in subdivision (e) of Section
line 2 65040.12 of the Government Code, by ensuring the fair treatment
line 3 and meaningful involvement of people of all races, cultures,
line 4 incomes, and national origins.
line 5 SEC. 3. No reimbursement is required by this act pursuant to
line 6 Section 6 of Article XIII B of the California Constitution because
line 7 a local agency or school district has the authority to levy service
line 8 charges, fees, or assessments sufficient to pay for the program or
line 9 level of service mandated by this act, within the meaning of Section
line 10 17556 of the Government Code.
O
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AB 1001 — 3 —
california legislature—2021–22 regular session
ASSEMBLY BILL No. 2063
Introduced by Assembly Member Berman
February 14, 2022
An act to amend Section 65915 of the Government Code, relating to
housing.
legislative counsel’s digest
AB 2063, as introduced, Berman. Density bonuses: affordable housing
impact fees.
Existing law, known as the Density Bonus Law, requires a city or
county to provide a developer that proposes a housing development in
the city or county with a density bonus and other incentives or
concessions for the production of lower income housing units, or for
the donation of land within the development, if the developer agrees
to, among other things, construct a specified percentage of units for
very low income, low-income, or moderate-income households or
qualifying residents, including lower income students. Existing law
requires the amount of a density bonus and the number of incentives
or concessions a qualifying developer receives to be pursuant to a certain
formula based on the total number of units in the housing development,
as specified. Existing law prohibits affordable housing impact fees,
including inclusionary zoning fees and in-lieu fees, from being imposed
on a housing development’s affordable units.
This bill would prohibit affordable housing impact fees, including
inclusionary zoning fees, in-lieu fees, and public benefit fees, from
being imposed on a housing development’s density bonus units. By
imposing new restrictions on the ability of a local government to impose
99
affordable housing impact fees, the bill would impose a state-mandated
local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 65915 of the Government Code is
line 2 amended to read:
line 3 65915. (a) (1) When an applicant seeks a density bonus for
line 4 a housing development within, or for the donation of land for
line 5 housing within, the jurisdiction of a city, county, or city and county,
line 6 that local government shall comply with this section. A city,
line 7 county, or city and county shall adopt an ordinance that specifies
line 8 how compliance with this section will be implemented. Except as
line 9 otherwise provided in subdivision (s), failure to adopt an ordinance
line 10 shall not relieve a city, county, or city and county from complying
line 11 with this section.
line 12 (2) A local government shall not condition the submission,
line 13 review, or approval of an application pursuant to this chapter on
line 14 the preparation of an additional report or study that is not otherwise
line 15 required by state law, including this section. This subdivision does
line 16 not prohibit a local government from requiring an applicant to
line 17 provide reasonable documentation to establish eligibility for a
line 18 requested density bonus, incentives or concessions, as described
line 19 in subdivision (d), waivers or reductions of development standards,
line 20 as described in subdivision (e), and parking ratios, as described in
line 21 subdivision (p).
line 22 (3) In order to provide for the expeditious processing of a density
line 23 bonus application, the local government shall do all of the
line 24 following:
line 25 (A) Adopt procedures and timelines for processing a density
line 26 bonus application.
line 27 (B) Provide a list of all documents and information required to
line 28 be submitted with the density bonus application in order for the
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— 2 — AB 2063
line 1 density bonus application to be deemed complete. This list shall
line 2 be consistent with this chapter.
line 3 (C) Notify the applicant for a density bonus whether the
line 4 application is complete in a manner consistent with the timelines
line 5 specified in Section 65943.
line 6 (D) (i) If the local government notifies the applicant that the
line 7 application is deemed complete pursuant to subparagraph (C),
line 8 provide the applicant with a determination as to the following
line 9 matters:
line 10 (I) The amount of density bonus, calculated pursuant to
line 11 subdivision (f), for which the applicant is eligible.
line 12 (II) If the applicant requests a parking ratio pursuant to
line 13 subdivision (p), the parking ratio for which the applicant is eligible.
line 14 (III) If the applicant requests incentives or concessions pursuant
line 15 to subdivision (d) or waivers or reductions of development
line 16 standards pursuant to subdivision (e), whether the applicant has
line 17 provided adequate information for the local government to make
line 18 a determination as to those incentives, concessions, or waivers or
line 19 reductions of development standards.
line 20 (ii) Any determination required by this subparagraph shall be
line 21 based on the development project at the time the application is
line 22 deemed complete. The local government shall adjust the amount
line 23 of density bonus and parking ratios awarded pursuant to this section
line 24 based on any changes to the project during the course of
line 25 development.
line 26 (b) (1) A city, county, or city and county shall grant one density
line 27 bonus, the amount of which shall be as specified in subdivision
line 28 (f), and, if requested by the applicant and consistent with the
line 29 applicable requirements of this section, incentives or concessions,
line 30 as described in subdivision (d), waivers or reductions of
line 31 development standards, as described in subdivision (e), and parking
line 32 ratios, as described in subdivision (p), if an applicant for a housing
line 33 development seeks and agrees to construct a housing development,
line 34 excluding any units permitted by the density bonus awarded
line 35 pursuant to this section, that will contain at least any one of the
line 36 following:
line 37 (A) Ten percent of the total units of a housing development for
line 38 rental or sale to lower income households, as defined in Section
line 39 50079.5 of the Health and Safety Code.
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AB 2063 — 3 —
line 1 (B) Five percent of the total units of a housing development for
line 2 rental or sale to very low income households, as defined in Section
line 3 50105 of the Health and Safety Code.
line 4 (C) A senior citizen housing development, as defined in Sections
line 5 51.3 and 51.12 of the Civil Code, or a mobilehome park that limits
line 6 residency based on age requirements for housing for older persons
line 7 pursuant to Section 798.76 or 799.5 of the Civil Code.
line 8 (D) Ten percent of the total dwelling units of a housing
line 9 development are sold to persons and families of moderate income,
line 10 as defined in Section 50093 of the Health and Safety Code,
line 11 provided that all units in the development are offered to the public
line 12 for purchase.
line 13 (E) Ten percent of the total units of a housing development for
line 14 transitional foster youth, as defined in Section 66025.9 of the
line 15 Education Code, disabled veterans, as defined in Section 18541,
line 16 or homeless persons, as defined in the federal McKinney-Vento
line 17 Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). The units
line 18 described in this subparagraph shall be subject to a recorded
line 19 affordability restriction of 55 years and shall be provided at the
line 20 same affordability level as very low income units.
line 21 (F) (i) Twenty percent of the total units for lower income
line 22 students in a student housing development that meets the following
line 23 requirements:
line 24 (I) All units in the student housing development will be used
line 25 exclusively for undergraduate, graduate, or professional students
line 26 enrolled full time at an institution of higher education accredited
line 27 by the Western Association of Schools and Colleges or the
line 28 Accrediting Commission for Community and Junior Colleges. In
line 29 order to be eligible under this subclause, the developer shall, as a
line 30 condition of receiving a certificate of occupancy, provide evidence
line 31 to the city, county, or city and county that the developer has entered
line 32 into an operating agreement or master lease with one or more
line 33 institutions of higher education for the institution or institutions
line 34 to occupy all units of the student housing development with
line 35 students from that institution or institutions. An operating
line 36 agreement or master lease entered into pursuant to this subclause
line 37 is not violated or breached if, in any subsequent year, there are not
line 38 sufficient students enrolled in an institution of higher education
line 39 to fill all units in the student housing development.
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line 1 (II) The applicable 20-percent units will be used for lower
line 2 income students.
line 3 (III) The rent provided in the applicable units of the development
line 4 for lower income students shall be calculated at 30 percent of 65
line 5 percent of the area median income for a single-room occupancy
line 6 unit type.
line 7 (IV) The development will provide priority for the applicable
line 8 affordable units for lower income students experiencing
line 9 homelessness. A homeless service provider, as defined in paragraph
line 10 (3) of subdivision (e) of Section 103577 of the Health and Safety
line 11 Code, or institution of higher education that has knowledge of a
line 12 person’s homeless status may verify a person’s status as homeless
line 13 for purposes of this subclause.
line 14 (ii) For purposes of calculating a density bonus granted pursuant
line 15 to this subparagraph, the term “unit” as used in this section means
line 16 one rental bed and its pro rata share of associated common area
line 17 facilities. The units described in this subparagraph shall be subject
line 18 to a recorded affordability restriction of 55 years.
line 19 (G) One hundred percent of all units in the development,
line 20 including total units and density bonus units, but exclusive of a
line 21 manager’s unit or units, are for lower income households, as
line 22 defined by Section 50079.5 of the Health and Safety Code, except
line 23 that up to 20 percent of the units in the development, including
line 24 total units and density bonus units, may be for moderate-income
line 25 households, as defined in Section 50053 of the Health and Safety
line 26 Code.
line 27 (2) For purposes of calculating the amount of the density bonus
line 28 pursuant to subdivision (f), an applicant who requests a density
line 29 bonus pursuant to this subdivision shall elect whether the bonus
line 30 shall be awarded on the basis of subparagraph (A), (B), (C), (D),
line 31 (E), (F), or (G) of paragraph (1).
line 32 (c) (1) (A) An applicant shall agree to, and the city, county,
line 33 or city and county shall ensure, the continued affordability of all
line 34 very low and low-income rental units that qualified the applicant
line 35 for the award of the density bonus for 55 years or a longer period
line 36 of time if required by the construction or mortgage financing
line 37 assistance program, mortgage insurance program, or rental subsidy
line 38 program.
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AB 2063 — 5 —
line 1 (B) (i) Except as otherwise provided in clause (ii), rents for the
line 2 lower income density bonus units shall be set at an affordable rent,
line 3 as defined in Section 50053 of the Health and Safety Code.
line 4 (ii) For housing developments meeting the criteria of
line 5 subparagraph (G) of paragraph (1) of subdivision (b), rents for all
line 6 units in the development, including both base density and density
line 7 bonus units, shall be as follows:
line 8 (I) The rent for at least 20 percent of the units in the
line 9 development shall be set at an affordable rent, as defined in Section
line 10 50053 of the Health and Safety Code.
line 11 (II) The rent for the remaining units in the development shall
line 12 be set at an amount consistent with the maximum rent levels for
line 13 a housing development that receives an allocation of state or federal
line 14 low-income housing tax credits from the California Tax Credit
line 15 Allocation Committee.
line 16 (2) (A) An applicant shall agree to ensure, and the city, county,
line 17 or city and county shall ensure, that a for-sale unit that qualified
line 18 the applicant for the award of the density bonus meets either of
line 19 the following conditions:
line 20 (i) The unit is initially occupied by a person or family of very
line 21 low, low, or moderate income, as required, and it is offered at an
line 22 affordable housing cost, as that cost is defined in Section 50052.5
line 23 of the Health and Safety Code and is subject to an equity sharing
line 24 agreement.
line 25 (ii) The unit is purchased by a qualified nonprofit housing
line 26 corporation pursuant to a recorded contract that satisfies all of the
line 27 requirements specified in paragraph (10) of subdivision (a) of
line 28 Section 402.1 of the Revenue and Taxation Code and that includes
line 29 all of the following:
line 30 (I) A repurchase option that requires a subsequent purchaser of
line 31 the property that desires to resell or convey the property to offer
line 32 the qualified nonprofit corporation the right to repurchase the
line 33 property prior to selling or conveying that property to any other
line 34 purchaser.
line 35 (II) An equity sharing agreement.
line 36 (III) Affordability restrictions on the sale and conveyance of
line 37 the property that ensure that the property will be preserved for
line 38 lower income housing for at least 45 years for owner-occupied
line 39 housing units and will be sold or resold only to persons or families
99
— 6 — AB 2063
line 1 of very low, low, or moderate income, as defined in Section
line 2 50052.5 of the Health and Safety Code.
line 3 (B) For purposes of this paragraph, a “qualified nonprofit
line 4 housing corporation” is a nonprofit housing corporation organized
line 5 pursuant to Section 501(c)(3) of the Internal Revenue Code that
line 6 has received a welfare exemption under Section 214.15 of the
line 7 Revenue and Taxation Code for properties intended to be sold to
line 8 low-income families who participate in a special no-interest loan
line 9 program.
line 10 (2) An applicant shall agree to, and the city, county, or city and
line 11 county shall ensure that, the initial occupant of all for-sale units
line 12 that qualified the applicant for the award of the density bonus are
line 13 persons and families of very low, low, or moderate income, as
line 14 required, and that the units are offered at an affordable housing
line 15 cost, as that cost is defined in Section 50052.5 of the Health and
line 16 Safety Code.
line 17 (C) The local government shall enforce an equity sharing
line 18 agreement required pursuant to clause (i) or (ii) of subparagraph
line 19 (A), unless it is in conflict with the requirements of another public
line 20 funding source or law. The following apply to the equity sharing
line 21 agreement:
line 22 (i) Upon resale, the seller of the unit shall retain the value of
line 23 any improvements, the downpayment, and the seller’s proportionate
line 24 share of appreciation.
line 25 (ii) Except as provided in clause (v), the local government shall
line 26 recapture any initial subsidy, as defined in clause (iii), and its
line 27 proportionate share of appreciation, as defined in clause (iv), which
line 28 amount shall be used within five years for any of the purposes
line 29 described in subdivision (e) of Section 33334.2 of the Health and
line 30 Safety Code that promote home ownership.
line 31 (iii) For purposes of this subdivision, the local government’s
line 32 initial subsidy shall be equal to the fair market value of the home
line 33 at the time of initial sale minus the initial sale price to the
line 34 moderate-income household, plus the amount of any downpayment
line 35 assistance or mortgage assistance. If upon resale the market value
line 36 is lower than the initial market value, then the value at the time of
line 37 the resale shall be used as the initial market value.
line 38 (iv) For purposes of this subdivision, the local government’s
line 39 proportionate share of appreciation shall be equal to the ratio of
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AB 2063 — 7 —
line 1 the local government’s initial subsidy to the fair market value of
line 2 the home at the time of initial sale.
line 3 (v) If the unit is purchased or developed by a qualified nonprofit
line 4 housing corporation pursuant to clause (ii) of subparagraph (A)
line 5 the local government may enter into a contract with the qualified
line 6 nonprofit housing corporation under which the qualified nonprofit
line 7 housing corporation would recapture any initial subsidy and its
line 8 proportionate share of appreciation if the qualified nonprofit
line 9 housing corporation is required to use 100 percent of the proceeds
line 10 to promote homeownership for lower income households as defined
line 11 by Health and Safety Code Section 50079.5 within the jurisdiction
line 12 of the local government.
line 13 (3) (A) An applicant shall be ineligible for a density bonus or
line 14 any other incentives or concessions under this section if the housing
line 15 development is proposed on any property that includes a parcel or
line 16 parcels on which rental dwelling units are or, if the dwelling units
line 17 have been vacated or demolished in the five-year period preceding
line 18 the application, have been subject to a recorded covenant,
line 19 ordinance, or law that restricts rents to levels affordable to persons
line 20 and families of lower or very low income; subject to any other
line 21 form of rent or price control through a public entity’s valid exercise
line 22 of its police power; or occupied by lower or very low income
line 23 households, unless the proposed housing development replaces
line 24 those units, and either of the following applies:
line 25 (i) The proposed housing development, inclusive of the units
line 26 replaced pursuant to this paragraph, contains affordable units at
line 27 the percentages set forth in subdivision (b).
line 28 (ii) Each unit in the development, exclusive of a manager’s unit
line 29 or units, is affordable to, and occupied by, either a lower or very
line 30 low income household.
line 31 (B) For the purposes of this paragraph, “replace” shall mean
line 32 either of the following:
line 33 (i) If any dwelling units described in subparagraph (A) are
line 34 occupied on the date of application, the proposed housing
line 35 development shall provide at least the same number of units of
line 36 equivalent size to be made available at affordable rent or affordable
line 37 housing cost to, and occupied by, persons and families in the same
line 38 or lower income category as those households in occupancy. If
line 39 the income category of the household in occupancy is not known,
line 40 it shall be rebuttably presumed that lower income renter households
99
— 8 — AB 2063
line 1 occupied these units in the same proportion of lower income renter
line 2 households to all renter households within the jurisdiction, as
line 3 determined by the most recently available data from the United
line 4 States Department of Housing and Urban Development’s
line 5 Comprehensive Housing Affordability Strategy database. For
line 6 unoccupied dwelling units described in subparagraph (A) in a
line 7 development with occupied units, the proposed housing
line 8 development shall provide units of equivalent size to be made
line 9 available at affordable rent or affordable housing cost to, and
line 10 occupied by, persons and families in the same or lower income
line 11 category as the last household in occupancy. If the income category
line 12 of the last household in occupancy is not known, it shall be
line 13 rebuttably presumed that lower income renter households occupied
line 14 these units in the same proportion of lower income renter
line 15 households to all renter households within the jurisdiction, as
line 16 determined by the most recently available data from the United
line 17 States Department of Housing and Urban Development’s
line 18 Comprehensive Housing Affordability Strategy database. All
line 19 replacement calculations resulting in fractional units shall be
line 20 rounded up to the next whole number. If the replacement units will
line 21 be rental dwelling units, these units shall be subject to a recorded
line 22 affordability restriction for at least 55 years. If the proposed
line 23 development is for-sale units, the units replaced shall be subject
line 24 to paragraph (2).
line 25 (ii) If all dwelling units described in subparagraph (A) have
line 26 been vacated or demolished within the five-year period preceding
line 27 the application, the proposed housing development shall provide
line 28 at least the same number of units of equivalent size as existed at
line 29 the highpoint of those units in the five-year period preceding the
line 30 application to be made available at affordable rent or affordable
line 31 housing cost to, and occupied by, persons and families in the same
line 32 or lower income category as those persons and families in
line 33 occupancy at that time, if known. If the incomes of the persons
line 34 and families in occupancy at the highpoint is not known, it shall
line 35 be rebuttably presumed that low-income and very low income
line 36 renter households occupied these units in the same proportion of
line 37 low-income and very low income renter households to all renter
line 38 households within the jurisdiction, as determined by the most
line 39 recently available data from the United States Department of
line 40 Housing and Urban Development’s Comprehensive Housing
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AB 2063 — 9 —
line 1 Affordability Strategy database. All replacement calculations
line 2 resulting in fractional units shall be rounded up to the next whole
line 3 number. If the replacement units will be rental dwelling units,
line 4 these units shall be subject to a recorded affordability restriction
line 5 for at least 55 years. If the proposed development is for-sale units,
line 6 the units replaced shall be subject to paragraph (2).
line 7 (C) Notwithstanding subparagraph (B), for any dwelling unit
line 8 described in subparagraph (A) that is or was, within the five-year
line 9 period preceding the application, subject to a form of rent or price
line 10 control through a local government’s valid exercise of its police
line 11 power and that is or was occupied by persons or families above
line 12 lower income, the city, county, or city and county may do either
line 13 of the following:
line 14 (i) Require that the replacement units be made available at
line 15 affordable rent or affordable housing cost to, and occupied by,
line 16 low-income persons or families. If the replacement units will be
line 17 rental dwelling units, these units shall be subject to a recorded
line 18 affordability restriction for at least 55 years. If the proposed
line 19 development is for-sale units, the units replaced shall be subject
line 20 to paragraph (2).
line 21 (ii) Require that the units be replaced in compliance with the
line 22 jurisdiction’s rent or price control ordinance, provided that each
line 23 unit described in subparagraph (A) is replaced. Unless otherwise
line 24 required by the jurisdiction’s rent or price control ordinance, these
line 25 units shall not be subject to a recorded affordability restriction.
line 26 (D) For purposes of this paragraph, “equivalent size” means
line 27 that the replacement units contain at least the same total number
line 28 of bedrooms as the units being replaced.
line 29 (E) Subparagraph (A) does not apply to an applicant seeking a
line 30 density bonus for a proposed housing development if the
line 31 applicant’s application was submitted to, or processed by, a city,
line 32 county, or city and county before January 1, 2015.
line 33 (d) (1) An applicant for a density bonus pursuant to subdivision
line 34 (b) may submit to a city, county, or city and county a proposal for
line 35 the specific incentives or concessions that the applicant requests
line 36 pursuant to this section, and may request a meeting with the city,
line 37 county, or city and county. The city, county, or city and county
line 38 shall grant the concession or incentive requested by the applicant
line 39 unless the city, county, or city and county makes a written finding,
line 40 based upon substantial evidence, of any of the following:
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— 10 — AB 2063
line 1 (A) The concession or incentive does not result in identifiable
line 2 and actual cost reductions, consistent with subdivision (k), to
line 3 provide for affordable housing costs, as defined in Section 50052.5
line 4 of the Health and Safety Code, or for rents for the targeted units
line 5 to be set as specified in subdivision (c).
line 6 (B) The concession or incentive would have a specific, adverse
line 7 impact, as defined in paragraph (2) of subdivision (d) of Section
line 8 65589.5, upon public health and safety or on any real property that
line 9 is listed in the California Register of Historical Resources and for
line 10 which there is no feasible method to satisfactorily mitigate or avoid
line 11 the specific, adverse impact without rendering the development
line 12 unaffordable to low-income and moderate-income households.
line 13 (C) The concession or incentive would be contrary to state or
line 14 federal law.
line 15 (2) The applicant shall receive the following number of
line 16 incentives or concessions:
line 17 (A) One incentive or concession for projects that include at least
line 18 10 percent of the total units for lower income households, at least
line 19 5 percent for very low income households, or at least 10 percent
line 20 for persons and families of moderate income in a development in
line 21 which the units are for sale.
line 22 (B) Two incentives or concessions for projects that include at
line 23 least 17 percent of the total units for lower income households, at
line 24 least 10 percent for very low income households, or at least 20
line 25 percent for persons and families of moderate income in a
line 26 development in which the units are for sale.
line 27 (C) Three incentives or concessions for projects that include at
line 28 least 24 percent of the total units for lower income households, at
line 29 least 15 percent for very low income households, or at least 30
line 30 percent for persons and families of moderate income in a
line 31 development in which the units are for sale.
line 32 (D) Four incentives or concessions for a project meeting the
line 33 criteria of subparagraph (G) of paragraph (1) of subdivision (b).
line 34 If the project is located within one-half mile of a major transit stop,
line 35 the applicant shall also receive a height increase of up to three
line 36 additional stories, or 33 feet.
line 37 (E) One incentive or concession for projects that include at least
line 38 20 percent of the total units for lower income students in a student
line 39 housing development.
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AB 2063 — 11 —
line 1 (3) The applicant may initiate judicial proceedings if the city,
line 2 county, or city and county refuses to grant a requested density
line 3 bonus, incentive, or concession. If a court finds that the refusal to
line 4 grant a requested density bonus, incentive, or concession is in
line 5 violation of this section, the court shall award the plaintiff
line 6 reasonable attorney’s fees and costs of suit. This subdivision shall
line 7 not be interpreted to require a local government to grant an
line 8 incentive or concession that has a specific, adverse impact, as
line 9 defined in paragraph (2) of subdivision (d) of Section 65589.5,
line 10 upon health or safety, and for which there is no feasible method
line 11 to satisfactorily mitigate or avoid the specific adverse impact. This
line 12 subdivision shall not be interpreted to require a local government
line 13 to grant an incentive or concession that would have an adverse
line 14 impact on any real property that is listed in the California Register
line 15 of Historical Resources. The city, county, or city and county shall
line 16 establish procedures for carrying out this section that shall include
line 17 legislative body approval of the means of compliance with this
line 18 section.
line 19 (4) The city, county, or city and county shall bear the burden
line 20 of proof for the denial of a requested concession or incentive.
line 21 (e) (1) In no case may a city, county, or city and county apply
line 22 any development standard that will have the effect of physically
line 23 precluding the construction of a development meeting the criteria
line 24 of subdivision (b) at the densities or with the concessions or
line 25 incentives permitted by this section. Subject to paragraph (3), an
line 26 applicant may submit to a city, county, or city and county a
line 27 proposal for the waiver or reduction of development standards that
line 28 will have the effect of physically precluding the construction of a
line 29 development meeting the criteria of subdivision (b) at the densities
line 30 or with the concessions or incentives permitted under this section,
line 31 and may request a meeting with the city, county, or city and county.
line 32 If a court finds that the refusal to grant a waiver or reduction of
line 33 development standards is in violation of this section, the court
line 34 shall award the plaintiff reasonable attorney’s fees and costs of
line 35 suit. This subdivision shall not be interpreted to require a local
line 36 government to waive or reduce development standards if the waiver
line 37 or reduction would have a specific, adverse impact, as defined in
line 38 paragraph (2) of subdivision (d) of Section 65589.5, upon health
line 39 or safety, and for which there is no feasible method to satisfactorily
line 40 mitigate or avoid the specific adverse impact. This subdivision
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line 1 shall not be interpreted to require a local government to waive or
line 2 reduce development standards that would have an adverse impact
line 3 on any real property that is listed in the California Register of
line 4 Historical Resources, or to grant any waiver or reduction that would
line 5 be contrary to state or federal law.
line 6 (2) A proposal for the waiver or reduction of development
line 7 standards pursuant to this subdivision shall neither reduce nor
line 8 increase the number of incentives or concessions to which the
line 9 applicant is entitled pursuant to subdivision (d).
line 10 (3) A housing development that receives a waiver from any
line 11 maximum controls on density pursuant to clause (ii) of
line 12 subparagraph (D) of paragraph (3) of subdivision (f) shall only be
line 13 eligible for a waiver or reduction of development standards as
line 14 provided in subparagraph (D) of paragraph (2) of subdivision (d)
line 15 and clause (ii) of subparagraph (D) of paragraph (3) of subdivision
line 16 (f), unless the city, county, or city and county agrees to additional
line 17 waivers or reductions of development standards.
line 18 (f) For the purposes of this chapter, “density bonus” means a
line 19 density increase over the otherwise maximum allowable gross
line 20 residential density as of the date of application by the applicant to
line 21 the city, county, or city and county, or, if elected by the applicant,
line 22 a lesser percentage of density increase, including, but not limited
line 23 to, no increase in density. The amount of density increase to which
line 24 the applicant is entitled shall vary according to the amount by
line 25 which the percentage of affordable housing units exceeds the
line 26 percentage established in subdivision (b).
line 27 (1) For housing developments meeting the criteria of
line 28 subparagraph (A) of paragraph (1) of subdivision (b), the density
line 29 bonus shall be calculated as follows:
line 30
line 31 Percentage Density
line 32 Bonus
Percentage Low-Income Units
line 33 20 10
line 34 21.5 11
line 35 23 12
line 36 24.5 13
line 37 26 14
line 38 27.5 15
line 39 29 16
line 40 30.5 17
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AB 2063 — 13 —
line 1 32 18
line 2 33.5 19
line 3 35 20
line 4 38.75 21
line 5 42.5 22
line 6 46.25 23
line 7 50 24
line 8
line 9
line 10
line 11
line 12
line 13
line 14
line 15
line 16
line 17
line 18 (2) For housing developments meeting the criteria of
line 19 subparagraph (B) of paragraph (1) of subdivision (b), the density
line 20 bonus shall be calculated as follows:
line 21
line 22 Percentage Density Bonus Percentage Very Low Income Units
line 23 20 5
line 24 22.5 6
line 25 25 7
line 26 27.5 8
line 27 30 9
line 28 32.5 10
line 29 35 11
line 30 38.75 12
line 31 42.5 13
line 32 46.25 14
line 33 50 15
line 34
line 35
line 36
line 37
line 38
line 39
line 40
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line 1
line 2
line 3
line 4
line 5
line 6
line 7 (3) (A) For housing developments meeting the criteria of
line 8 subparagraph (C) of paragraph (1) of subdivision (b), the density
line 9 bonus shall be 20 percent of the number of senior housing units.
line 10 (B) For housing developments meeting the criteria of
line 11 subparagraph (E) of paragraph (1) of subdivision (b), the density
line 12 bonus shall be 20 percent of the number of the type of units giving
line 13 rise to a density bonus under that subparagraph.
line 14 (C) For housing developments meeting the criteria of
line 15 subparagraph (F) of paragraph (1) of subdivision (b), the density
line 16 bonus shall be 35 percent of the student housing units.
line 17 (D) For housing developments meeting the criteria of
line 18 subparagraph (G) of paragraph (1) of subdivision (b), the following
line 19 shall apply:
line 20 (i) Except as otherwise provided in clause (ii), the density bonus
line 21 shall be 80 percent of the number of units for lower income
line 22 households.
line 23 (ii) If the housing development is located within one-half mile
line 24 of a major transit stop, the city, county, or city and county shall
line 25 not impose any maximum controls on density.
line 26 (4) For housing developments meeting the criteria of
line 27 subparagraph (D) of paragraph (1) of subdivision (b), the density
line 28 bonus shall be calculated as follows:
line 29
line 30 Percentage Density Bonus Percentage Moderate-Income Units
line 31 5 10
line 32 6 11
line 33 7 12
line 34 8 13
line 35 9 14
line 36 10 15
line 37 11 16
line 38 12 17
line 39 13 18
line 40 14 19
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AB 2063 — 15 —
line 1 15 20
line 2 16 21
line 3 17 22
line 4 18 23
line 5 19 24
line 6 20 25
line 7 21 26
line 8 22 27
line 9 23 28
line 10 24 29
line 11 25 30
line 12 26 31
line 13 27 32
line 14 28 33
line 15 29 34
line 16 30 35
line 17 31 36
line 18 32 37
line 19 33 38
line 20 34 39
line 21 35 40
line 22 38.75 41
line 23 42.5 42
line 24 46.25 43
line 25 50 44
line 26
line 27 (5) All density calculations resulting in fractional units shall be
line 28 rounded up to the next whole number. The granting of a density
line 29 bonus shall not require, or be interpreted, in and of itself, to require
line 30 a general plan amendment, local coastal plan amendment, zoning
line 31 change, or other discretionary approval.
line 32 (6) Affordable housing impact fees, including inclusionary
line 33 zoning fees, in-lieu fees, and public benefit fees, shall not be
line 34 imposed on a housing development’s density bonus units.
line 35 (g) (1) When an applicant for a tentative subdivision map,
line 36 parcel map, or other residential development approval donates
line 37 land to a city, county, or city and county in accordance with this
line 38 subdivision, the applicant shall be entitled to a 15-percent increase
line 39 above the otherwise maximum allowable residential density for
line 40 the entire development, as follows:
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— 16 — AB 2063
line 1 Percentage Density Bonus Percentage Very Low Income
line 2 15 10
line 3 16 11
line 4 17 12
line 5 18 13
line 6 19 14
line 7 20 15
line 8 21 16
line 9 22 17
line 10 23 18
line 11 24 19
line 12 25 20
line 13 26 21
line 14 27 22
line 15 28 23
line 16 29 24
line 17 30 25
line 18 31 26
line 19 32 27
line 20 33 28
line 21 34 29
line 22 35 30
line 23
line 24 (2) This increase shall be in addition to any increase in density
line 25 mandated by subdivision (b), up to a maximum combined mandated
line 26 density increase of 35 percent if an applicant seeks an increase
line 27 pursuant to both this subdivision and subdivision (b). All density
line 28 calculations resulting in fractional units shall be rounded up to the
line 29 next whole number. Nothing in this subdivision shall be construed
line 30 to enlarge or diminish the authority of a city, county, or city and
line 31 county to require a developer to donate land as a condition of
line 32 development. An applicant shall be eligible for the increased
line 33 density bonus described in this subdivision if all of the following
line 34 conditions are met:
line 35 (A) The applicant donates and transfers the land no later than
line 36 the date of approval of the final subdivision map, parcel map, or
line 37 residential development application.
line 38 (B) The developable acreage and zoning classification of the
line 39 land being transferred are sufficient to permit construction of units
line 40 affordable to very low income households in an amount not less
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AB 2063 — 17 —
line 1 than 10 percent of the number of residential units of the proposed
line 2 development.
line 3 (C) The transferred land is at least one acre in size or of
line 4 sufficient size to permit development of at least 40 units, has the
line 5 appropriate general plan designation, is appropriately zoned with
line 6 appropriate development standards for development at the density
line 7 described in paragraph (3) of subdivision (c) of Section 65583.2,
line 8 and is or will be served by adequate public facilities and
line 9 infrastructure.
line 10 (D) The transferred land shall have all of the permits and
line 11 approvals, other than building permits, necessary for the
line 12 development of the very low income housing units on the
line 13 transferred land, not later than the date of approval of the final
line 14 subdivision map, parcel map, or residential development
line 15 application, except that the local government may subject the
line 16 proposed development to subsequent design review to the extent
line 17 authorized by subdivision (i) of Section 65583.2 if the design is
line 18 not reviewed by the local government before the time of transfer.
line 19 (E) The transferred land and the affordable units shall be subject
line 20 to a deed restriction ensuring continued affordability of the units
line 21 consistent with paragraphs (1) and (2) of subdivision (c), which
line 22 shall be recorded on the property at the time of the transfer.
line 23 (F) The land is transferred to the local agency or to a housing
line 24 developer approved by the local agency. The local agency may
line 25 require the applicant to identify and transfer the land to the
line 26 developer.
line 27 (G) The transferred land shall be within the boundary of the
line 28 proposed development or, if the local agency agrees, within
line 29 one-quarter mile of the boundary of the proposed development.
line 30 (H) A proposed source of funding for the very low income units
line 31 shall be identified not later than the date of approval of the final
line 32 subdivision map, parcel map, or residential development
line 33 application.
line 34 (h) (1) When an applicant proposes to construct a housing
line 35 development that conforms to the requirements of subdivision (b)
line 36 and includes a childcare facility that will be located on the premises
line 37 of, as part of, or adjacent to, the project, the city, county, or city
line 38 and county shall grant either of the following:
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— 18 — AB 2063
line 1 (A) An additional density bonus that is an amount of square
line 2 feet of residential space that is equal to or greater than the amount
line 3 of square feet in the childcare facility.
line 4 (B) An additional concession or incentive that contributes
line 5 significantly to the economic feasibility of the construction of the
line 6 childcare facility.
line 7 (2) The city, county, or city and county shall require, as a
line 8 condition of approving the housing development, that the following
line 9 occur:
line 10 (A) The childcare facility shall remain in operation for a period
line 11 of time that is as long as or longer than the period of time during
line 12 which the density bonus units are required to remain affordable
line 13 pursuant to subdivision (c).
line 14 (B) Of the children who attend the childcare facility, the children
line 15 of very low income households, lower income households, or
line 16 families of moderate income shall equal a percentage that is equal
line 17 to or greater than the percentage of dwelling units that are required
line 18 for very low income households, lower income households, or
line 19 families of moderate income pursuant to subdivision (b).
line 20 (3) Notwithstanding any requirement of this subdivision, a city,
line 21 county, or city and county shall not be required to provide a density
line 22 bonus or concession for a childcare facility if it finds, based upon
line 23 substantial evidence, that the community has adequate childcare
line 24 facilities.
line 25 (4) “Childcare facility,” as used in this section, means a child
line 26 daycare facility other than a family daycare home, including, but
line 27 not limited to, infant centers, preschools, extended daycare
line 28 facilities, and schoolage childcare centers.
line 29 (i) “Housing development,” as used in this section, means a
line 30 development project for five or more residential units, including
line 31 mixed-use developments. For the purposes of this section, “housing
line 32 development” also includes a subdivision or common interest
line 33 development, as defined in Section 4100 of the Civil Code,
line 34 approved by a city, county, or city and county and consists of
line 35 residential units or unimproved residential lots and either a project
line 36 to substantially rehabilitate and convert an existing commercial
line 37 building to residential use or the substantial rehabilitation of an
line 38 existing multifamily dwelling, as defined in subdivision (d) of
line 39 Section 65863.4, where the result of the rehabilitation would be a
line 40 net increase in available residential units. For the purpose of
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AB 2063 — 19 —
line 1 calculating a density bonus, the residential units shall be on
line 2 contiguous sites that are the subject of one development
line 3 application, but do not have to be based upon individual
line 4 subdivision maps or parcels. The density bonus shall be permitted
line 5 in geographic areas of the housing development other than the
line 6 areas where the units for the lower income households are located.
line 7 (j) (1) The granting of a concession or incentive shall not require
line 8 or be interpreted, in and of itself, to require a general plan
line 9 amendment, local coastal plan amendment, zoning change, study,
line 10 or other discretionary approval. For purposes of this subdivision,
line 11 “study” does not include reasonable documentation to establish
line 12 eligibility for the concession or incentive or to demonstrate that
line 13 the incentive or concession meets the definition set forth in
line 14 subdivision (k). This provision is declaratory of existing law.
line 15 (2) Except as provided in subdivisions (d) and (e), the granting
line 16 of a density bonus shall not require or be interpreted to require the
line 17 waiver of a local ordinance or provisions of a local ordinance
line 18 unrelated to development standards.
line 19 (k) For the purposes of this chapter, concession or incentive
line 20 means any of the following:
line 21 (1) A reduction in site development standards or a modification
line 22 of zoning code requirements or architectural design requirements
line 23 that exceed the minimum building standards approved by the
line 24 California Building Standards Commission as provided in Part 2.5
line 25 (commencing with Section 18901) of Division 13 of the Health
line 26 and Safety Code, including, but not limited to, a reduction in
line 27 setback and square footage requirements and in the ratio of
line 28 vehicular parking spaces that would otherwise be required that
line 29 results in identifiable and actual cost reductions, to provide for
line 30 affordable housing costs, as defined in Section 50052.5 of the
line 31 Health and Safety Code, or for rents for the targeted units to be
line 32 set as specified in subdivision (c).
line 33 (2) Approval of mixed-use zoning in conjunction with the
line 34 housing project if commercial, office, industrial, or other land uses
line 35 will reduce the cost of the housing development and if the
line 36 commercial, office, industrial, or other land uses are compatible
line 37 with the housing project and the existing or planned development
line 38 in the area where the proposed housing project will be located.
line 39 (3) Other regulatory incentives or concessions proposed by the
line 40 developer or the city, county, or city and county that result in
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— 20 — AB 2063
line 1 identifiable and actual cost reductions to provide for affordable
line 2 housing costs, as defined in Section 50052.5 of the Health and
line 3 Safety Code, or for rents for the targeted units to be set as specified
line 4 in subdivision (c).
line 5 (l) Subdivision (k) does not limit or require the provision of
line 6 direct financial incentives for the housing development, including
line 7 the provision of publicly owned land, by the city, county, or city
line 8 and county, or the waiver of fees or dedication requirements.
line 9 (m) This section does not supersede or in any way alter or lessen
line 10 the effect or application of the California Coastal Act of 1976
line 11 (Division 20 (commencing with Section 30000) of the Public
line 12 Resources Code). Any density bonus, concessions, incentives,
line 13 waivers or reductions of development standards, and parking ratios
line 14 to which the applicant is entitled under this section shall be
line 15 permitted in a manner that is consistent with this section and
line 16 Division 20 (commencing with Section 30000) of the Public
line 17 Resources Code.
line 18 (n) If permitted by local ordinance, nothing in this section shall
line 19 be construed to prohibit a city, county, or city and county from
line 20 granting a density bonus greater than what is described in this
line 21 section for a development that meets the requirements of this
line 22 section or from granting a proportionately lower density bonus
line 23 than what is required by this section for developments that do not
line 24 meet the requirements of this section.
line 25 (o) For purposes of this section, the following definitions shall
line 26 apply:
line 27 (1) “Development standard” includes a site or construction
line 28 condition, including, but not limited to, a height limitation, a
line 29 setback requirement, a floor area ratio, an onsite open-space
line 30 requirement, or a parking ratio that applies to a residential
line 31 development pursuant to any ordinance, general plan element,
line 32 specific plan, charter, or other local condition, law, policy,
line 33 resolution, or regulation.
line 34 (2) “Located within one-half mile of a major transit stop” means
line 35 that any point on a proposed development, for which an applicant
line 36 seeks a density bonus, other incentives or concessions, waivers or
line 37 reductions of development standards, or a vehicular parking ratio
line 38 pursuant to this section, is within one-half mile of any point on
line 39 the property on which a major transit stop is located, including
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AB 2063 — 21 —
line 1 any parking lot owned by the transit authority or other local agency
line 2 operating the major transit stop.
line 3 (3) “Lower income student” means a student who has a
line 4 household income and asset level that does not exceed the level
line 5 for Cal Grant A or Cal Grant B award recipients as set forth in
line 6 paragraph (1) of subdivision (k) of Section 69432.7 of the
line 7 Education Code. The eligibility of a student to occupy a unit for
line 8 lower income students under this section shall be verified by an
line 9 affidavit, award letter, or letter of eligibility provided by the
line 10 institution of higher education in which the student is enrolled or
line 11 by the California Student Aid Commission that the student receives
line 12 or is eligible for financial aid, including an institutional grant or
line 13 fee waiver from the college or university, the California Student
line 14 Aid Commission, or the federal government.
line 15 (4) “Major transit stop” has the same meaning as defined in
line 16 subdivision (b) of Section 21155 of the Public Resources Code.
line 17 (5) “Maximum allowable residential density” means the density
line 18 allowed under the zoning ordinance and land use element of the
line 19 general plan, or, if a range of density is permitted, means the
line 20 maximum allowable density for the specific zoning range and land
line 21 use element of the general plan applicable to the project. If the
line 22 density allowed under the zoning ordinance is inconsistent with
line 23 the density allowed under the land use element of the general plan,
line 24 the general plan density shall prevail.
line 25 (6) “Total units” or “total dwelling units” means a calculation
line 26 of the number of units that:
line 27 (A) Excludes a unit added by a density bonus awarded pursuant
line 28 to this section or any local law granting a greater density bonus.
line 29 (B) Includes a unit designated to satisfy an inclusionary zoning
line 30 requirement of a city, county, or city and county.
line 31 (p) (1) Except as provided in paragraphs (2), (3), and (4), upon
line 32 the request of the developer, a city, county, or city and county shall
line 33 not require a vehicular parking ratio, inclusive of parking for
line 34 persons with a disability and guests, of a development meeting the
line 35 criteria of subdivisions (b) and (c), that exceeds the following
line 36 ratios:
line 37 (A) Zero to one bedroom: one onsite parking space.
line 38 (B) Two to three bedrooms: one and one-half onsite parking
line 39 spaces.
line 40 (C) Four and more bedrooms: two and one-half parking spaces.
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line 1 (2) (A) Notwithstanding paragraph (1), if a development
line 2 includes at least 20 percent low-income units for housing
line 3 developments meeting the criteria of subparagraph (A) of paragraph
line 4 (1) of subdivision (b) or at least 11 percent very low income units
line 5 for housing developments meeting the criteria of subparagraph
line 6 (B) of paragraph (1) of subdivision (b), is located within one-half
line 7 mile of a major transit stop, and there is unobstructed access to
line 8 the major transit stop from the development, then, upon the request
line 9 of the developer, a city, county, or city and county shall not impose
line 10 a vehicular parking ratio, inclusive of parking for persons with a
line 11 disability and guests, that exceeds 0.5 spaces per unit.
line 12 Notwithstanding paragraph (1), if a development includes at least
line 13 40 percent moderate-income units for housing developments
line 14 meeting the criteria of subparagraph (D) of paragraph (1) of
line 15 subdivision (b), is located within one-half mile of a major transit
line 16 stop, as defined in subdivision (b) of Section 21155 of the Public
line 17 Resources Code, and the residents of the development have
line 18 unobstructed access to the major transit stop from the development
line 19 then, upon the request of the developer, a city, county, or city and
line 20 county shall not impose a vehicular parking ratio, inclusive of
line 21 parking for persons with a disability and guests, that exceeds 0.5
line 22 spaces per bedroom.
line 23 (B) For purposes of this subdivision, “unobstructed access to
line 24 the major transit stop” means a resident is able to access the major
line 25 transit stop without encountering natural or constructed
line 26 impediments. For purposes of this subparagraph, “natural or
line 27 constructed impediments” includes, but is not limited to, freeways,
line 28 rivers, mountains, and bodies of water, but does not include
line 29 residential structures, shopping centers, parking lots, or rails used
line 30 for transit.
line 31 (3) Notwithstanding paragraph (1), if a development consists
line 32 solely of rental units, exclusive of a manager’s unit or units, with
line 33 an affordable housing cost to lower income families, as provided
line 34 in Section 50052.5 of the Health and Safety Code, then, upon the
line 35 request of the developer, a city, county, or city and county shall
line 36 not impose vehicular parking standards if the development meets
line 37 either of the following criteria:
line 38 (A) The development is located within one-half mile of a major
line 39 transit stop and there is unobstructed access to the major transit
line 40 stop from the development.
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AB 2063 — 23 —
line 1 (B) The development is a for-rent housing development for
line 2 individuals who are 62 years of age or older that complies with
line 3 Sections 51.2 and 51.3 of the Civil Code and the development has
line 4 either paratransit service or unobstructed access, within one-half
line 5 mile, to fixed bus route service that operates at least eight times
line 6 per day.
line 7 (4) Notwithstanding paragraphs (1) and (8), if a development
line 8 consists solely of rental units, exclusive of a manager’s unit or
line 9 units, with an affordable housing cost to lower income families,
line 10 as provided in Section 50052.5 of the Health and Safety Code, and
line 11 the development is either a special needs housing development,
line 12 as defined in Section 51312 of the Health and Safety Code, or a
line 13 supportive housing development, as defined in Section 50675.14
line 14 of the Health and Safety Code, then, upon the request of the
line 15 developer, a city, county, or city and county shall not impose any
line 16 minimum vehicular parking requirement. A development that is
line 17 a special needs housing development shall have either paratransit
line 18 service or unobstructed access, within one-half mile, to fixed bus
line 19 route service that operates at least eight times per day.
line 20 (5) If the total number of parking spaces required for a
line 21 development is other than a whole number, the number shall be
line 22 rounded up to the next whole number. For purposes of this
line 23 subdivision, a development may provide onsite parking through
line 24 tandem parking or uncovered parking, but not through onstreet
line 25 parking.
line 26 (6) This subdivision shall apply to a development that meets
line 27 the requirements of subdivisions (b) and (c), but only at the request
line 28 of the applicant. An applicant may request parking incentives or
line 29 concessions beyond those provided in this subdivision pursuant
line 30 to subdivision (d).
line 31 (7) This subdivision does not preclude a city, county, or city
line 32 and county from reducing or eliminating a parking requirement
line 33 for development projects of any type in any location.
line 34 (8) Notwithstanding paragraphs (2) and (3), if a city, county,
line 35 city and county, or an independent consultant has conducted an
line 36 areawide or jurisdictionwide parking study in the last seven years,
line 37 then the city, county, or city and county may impose a higher
line 38 vehicular parking ratio not to exceed the ratio described in
line 39 paragraph (1), based upon substantial evidence found in the parking
line 40 study, that includes, but is not limited to, an analysis of parking
99
— 24 — AB 2063
line 1 availability, differing levels of transit access, walkability access
line 2 to transit services, the potential for shared parking, the effect of
line 3 parking requirements on the cost of market-rate and subsidized
line 4 developments, and the lower rates of car ownership for low-income
line 5 and very low income individuals, including seniors and special
line 6 needs individuals. The city, county, or city and county shall pay
line 7 the costs of any new study. The city, county, or city and county
line 8 shall make findings, based on a parking study completed in
line 9 conformity with this paragraph, supporting the need for the higher
line 10 parking ratio.
line 11 (9) A request pursuant to this subdivision shall neither reduce
line 12 nor increase the number of incentives or concessions to which the
line 13 applicant is entitled pursuant to subdivision (d).
line 14 (q) Each component of any density calculation, including base
line 15 density and bonus density, resulting in fractional units shall be
line 16 separately rounded up to the next whole number. The Legislature
line 17 finds and declares that this provision is declaratory of existing law.
line 18 (r) This chapter shall be interpreted liberally in favor of
line 19 producing the maximum number of total housing units.
line 20 (s) Notwithstanding any other law, if a city, including a charter
line 21 city, county, or city and county has adopted an ordinance or a
line 22 housing program, or both an ordinance and a housing program,
line 23 that incentivizes the development of affordable housing that allows
line 24 for density bonuses that exceed the density bonuses required by
line 25 the version of this section effective through December 31, 2020,
line 26 that city, county, or city and county is not required to amend or
line 27 otherwise update its ordinance or corresponding affordable housing
line 28 incentive program to comply with the amendments made to this
line 29 section by the act adding this subdivision, and is exempt from
line 30 complying with the incentive and concession calculation
line 31 amendments made to this section by the act adding this subdivision
line 32 as set forth in subdivision (d), particularly subparagraphs (B) and
line 33 (C) of paragraph (2) of that subdivision, and the amendments made
line 34 to the density tables under subdivision (f).
line 35 (t) (1) The Legislature finds and declares that the intent behind
line 36 the Density Bonus Law is to allow public entities to reduce or even
line 37 eliminate subsidies for a particular project by allowing a developer
line 38 to include more total units in a project than would otherwise be
line 39 allowed by the local zoning ordinance in exchange for affordable
line 40 units. It further reaffirms that the intent is to cover at least some
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AB 2063 — 25 —
line 1 of the financing gap of affordable housing with regulatory
line 2 incentives, rather than additional public subsidy.
line 3 (2) It is therefore the intent of the Legislature to make
line 4 modifications to the Density Bonus Law by the act adding this
line 5 subdivision to further incentivize the construction of very low,
line 6 low-, and moderate-income housing units. It is further the intent
line 7 of the Legislature in making these modifications to the Density
line 8 Bonus Law to ensure that any additional benefits conferred upon
line 9 a developer are balanced with the receipt of a public benefit in the
line 10 form of adequate levels of affordable housing. The Legislature
line 11 further intends that these modifications will ensure that the Density
line 12 Bonus Law creates incentives for the construction of more housing
line 13 across all areas of the state.
line 14 SEC. 2. No reimbursement is required by this act pursuant to
line 15 Section 6 of Article XIII B of the California Constitution because
line 16 a local agency or school district has the authority to levy service
line 17 charges, fees, or assessments sufficient to pay for the program or
line 18 level of service mandated by this act, within the meaning of Section
line 19 17556 of the Government Code.
O
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— 26 — AB 2063
SENATE BILL No. 1466
Introduced by Senators Stern and Portantino
February 18, 2022
An act to add Section 41202.6 to the Education Code, to add Part 4
(commencing with Section 55900) to Division 2 of Title 5 of, and to
add Division 7 (commencing with Section 62350) to Title 6 of, the
Government Code, and to add Section 97.68.1 to the Revenue and
Taxation Code, relating to local government finance.
legislative counsel’s digest
SB 1466, as introduced, Stern. Affordable Housing and Community
Development Investment Program.
Existing property tax law requires the county auditor, in each fiscal
year, to allocate property tax revenue to local jurisdictions in accordance
with specified formulas and procedures, subject to certain modifications.
Existing law requires an annual reallocation of property tax revenue
from local agencies in each county to the Educational Revenue
Augmentation Fund (ERAF) in that county for allocation to specified
educational entities.
Existing law authorizes certain local agencies to form an enhanced
infrastructure financing district, affordable housing authority, transit
village development district, or community revitalization and investment
authority for purposes of, among other things, infrastructure, affordable
housing, and economic revitalization.
This bill would establish in state government the Affordable Housing
and Community Development Investment Program, which would be
administered by the Affordable Housing and Community Development
Investment Committee. The bill would authorize a city, county, city
and county, joint powers agency, enhanced infrastructure financing
district, affordable housing authority, community revitalization and
99
investment authority, transit village development district, or a
combination of those entities, to apply to the Affordable Housing and
Community Development Investment Committee to participate in the
program and would authorize the committee to approve or deny plans
for projects meeting specific criteria. The bill would also authorize
certain local agencies to establish an affordable housing and community
development investment agency and authorize an agency to apply for
funding under the program and issue bonds, as provided, to carry out
a project under the program.
The bill would require the Affordable Housing and Community
Development Investment Committee to adopt guidelines for plans.
Subject to the Legislature enacting a budget bill for the applicable fiscal
year that specifies the amount for the committee to allocate pursuant
to the program, the bill would require the committee to approve no more
than $200,000,000 per year from July 1, 2024, to June 30, 2029, and
$250,000,000 per year from July 1, 2029, to June 30, 2033, in transfers
from a county’s ERAF for applicants for plans approved pursuant to
this program. This bill would provide that eligible projects include,
among other things, the predevelopment, development, acquisition,
rehabilitation, and preservation of workforce and affordable housing,
certain transit-oriented development, and projects promoting strong
neighborhoods.
The bill would require the Affordable Housing and Community
Development Investment Committee, upon approval of a plan and
subject to specified conditions, to issue an order directing the county
auditor to transfer an amount of ad valorem property tax revenue that
is equal to the affordable housing and community development
investment amount approved by the committee, except as provided,
from the county’s ERAF. The bill would require the county auditor to
either deposit that amount into the Affordable Housing and Community
Development Investment Fund, which this bill would create in the
treasury of each county, or, if the applicant is a specified type of
authority or special district to transfer to the city or county that created
the authority or district an amount of property tax revenue equal to the
amount approved by the Affordable Housing and Community
Development Investment Committee for that authority or district. The
bill would require the city or county that created the district to, upon
receipt, transfer those funds to the authority or district in an amount
equal to the affordable housing and community development investment
amount for that authority or district. By imposing additional duties on
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— 2 — SB 1466
local officials, the bill would impose a state-mandated local program.
The bill would authorize applicants to use approved amounts to incur
debt or issue bonds or other financing to support an approved project.
The bill also would require each applicant that has received funding
to submit annual reports, as specified, and would require the Affordable
Housing and Community Development Investment Committee to
provide a report to the Joint Legislative Budget Committee, if it approves
funding under the program, that includes certain project information.
Section 8 of Article XVI of the California Constitution sets forth a
formula for computing the minimum amount of revenues that the state
is required to appropriate for the support of school districts and
community college districts for each fiscal year.
This bill would require the Director of Finance to adjust the percentage
of General Fund revenues appropriated for school districts and
community college districts for these purposes in a manner that ensures
that the transfers from a county’s ERAF pursuant to the Affordable
Housing and Community Development Investment Program have no
net fiscal impact upon the total amount of the General Fund revenue
and local property tax revenue allocated to school districts and
community college districts pursuant to Section 8 of Article XVI of the
California Constitution, as specified.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares all of the
line 2 following:
line 3 (a) In recent years the Legislature has created several new
line 4 opportunities to use tax increment financing, which include the
line 5 formation of enhanced infrastructure financing districts, affordable
line 6 housing authorities, and community revitalization investment
line 7 authorities. While these new tools can be useful to local agencies,
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SB 1466 — 3 —
line 1 they are widely viewed as lacking sufficient financial capacity
line 2 compared to what existed under the former tax increment financing
line 3 tool utilized by community redevelopment agencies.
line 4 (1) Under redevelopment, all of the growth in property tax (tax
line 5 increment) within a project area over a base year, net of mandatory
line 6 pass-through payments, that would otherwise be allocated to cities,
line 7 counties, special districts, and school districts, was dedicated to
line 8 redevelopment purposes. Under the new tax increment tools,
line 9 however, property tax increment from affected taxing agencies
line 10 other than the initiating city or county can only be dedicated with
line 11 the approval of the affected local agencies.
line 12 (2) While potential local partnerships between cities, counties,
line 13 and special districts involving new economic development tools
line 14 continue to be explored by the state and local governments, a reality
line 15 is that the state and local governments often have other policy and
line 16 budget priorities, and lack incentives to participate.
line 17 (3) The language in the new tax increment laws currently
line 18 prohibits school districts from participating, largely reflecting state
line 19 concerns over potential backfill requirements for school funding
line 20 under the requirements of Proposition 98 of 1988.
line 21 (b) The state shares many policy priorities with local
line 22 governments, including affordable housing and economic
line 23 development, that can be advanced by creating a new infrastructure
line 24 financing tool that would focus on the following:
line 25 (1) Increasing the production of affordable housing available
line 26 to very low, low-, and moderate-income families.
line 27 (2) Expanding transit-oriented development at higher densities.
line 28 (3) Reducing jobs-housing imbalances in areas with high job
line 29 growth.
line 30 (4) Increasing the availability of high-quality jobs through the
line 31 rehabilitation, construction, and maintenance of housing and
line 32 infrastructure.
line 33 (5) Improving the quality of life in neighborhoods and
line 34 disadvantaged communities.
line 35 (6) Incentivizing growth in urban areas, thereby reducing sprawl
line 36 and ensuring that open space is preserved throughout the state.
line 37 (7) Reducing poverty and caseloads of state and county safety
line 38 net support programs by incentivizing the training and hiring of
line 39 affected individuals to jobs where they can be self-supporting.
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line 1 (8) Protecting communities dealing with the effects of sea level
line 2 rise, which is one of the most significant threats of climate change.
line 3 (c) The Legislature has declared that the policy priorities listed
line 4 in subdivision (b) are matters of statewide concern. It is therefore
line 5 appropriate that the state and local governments contribute
line 6 financially to the realization of these priorities.
line 7 (d) By allowing local agencies to reduce their contributions to
line 8 their county’s Educational Revenue Augmentation Fund (ERAF)
line 9 to fund affordable housing projects and related infrastructure, the
line 10 state can advance its policy priorities while also protecting funding
line 11 for schools and limiting effects on the state budget. The state’s
line 12 interests can be ensured and protected in the following manner:
line 13 (1) Requiring approval of the newly created Affordable Housing
line 14 and Community Development Investment Committee, to ensure
line 15 that the investment of property taxes otherwise allocated to schools
line 16 through a county’s ERAF are used only for projects that maximize
line 17 state policy benefits while ensuring that an economic analysis
line 18 projects increased property tax revenues for schools in the affected
line 19 territory upon project completion.
line 20 (2) Offering additional incentives to participating counties and
line 21 special districts.
line 22 (3) Establishing an annual cap on the total affordable housing
line 23 and community development investment amount that may be
line 24 approved to be allocated by the Affordable Housing and
line 25 Community Development Investment Committee, as follows:
line 26 (A) Not to exceed two hundred million dollars ($200,000,000)
line 27 annually between July 1, 2024, and June 30, 2029.
line 28 (B) Not to exceed two hundred fifty million dollars
line 29 ($250,000,000) annually between July 1, 2029, and June 30, 2033.
line 30 (4) Requiring annual reports to the Legislature on the status of
line 31 all projects funded through this program.
line 32 (e) It is the intent of the Legislature that schools and community
line 33 colleges receive no less total funding from General Fund and local
line 34 property tax revenue as a result of the bill.
line 35 (f) It is the intent of the Legislature to have the state provide
line 36 increased funding in an amount that equals reductions in local
line 37 ERAF funds to the point necessary for schools to meet their
line 38 minimum funding guarantee pursuant to existing law.
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line 1 (g) It is the intent of the Legislature that local agencies receive
line 2 the same amount of excess ERAF as they would have if the
line 3 program established by this bill were not in effect.
line 4 SEC. 2. Section 41202.6 is added to the Education Code, to
line 5 read:
line 6 41202.6. (a) It is the intent of the Legislature to ensure that
line 7 the program authorized by the Affordable Housing and Community
line 8 Development Investment Program established by Part 4
line 9 (commencing with Section 55900) of Division 2 of Title 5 of the
line 10 Government Code does not affect the amount of funding required
line 11 to be applied for the support of school districts and community
line 12 college districts pursuant to Section 8 of Article XVI of the
line 13 California Constitution.
line 14 (b) The Director of Finance shall adjust “the percentage of
line 15 General Fund revenues appropriated for school districts and
line 16 community college districts” for the purpose of applying paragraph
line 17 (1) of subdivision (b) of Section 8 of Article XVI of the California
line 18 Constitution in a manner that ensures that transfers from a county’s
line 19 Educational Revenue Augmentation Fund authorized by Section
line 20 97.68.1 of the Revenue and Taxation Code shall have no net fiscal
line 21 impact upon the total amount of General Fund revenue and local
line 22 property tax revenue allocated to school districts and community
line 23 college districts pursuant to Section 8 of Article XVI of the
line 24 California Constitution. The Director of Finance shall make this
line 25 adjustment effective with the 2024–25 fiscal year, consistent with
line 26 the start of the grant program pursuant to paragraph (1) of
line 27 subdivision (a) of Section 55906 of the Government Code. The
line 28 Director of Finance shall update the adjustment for subsequent
line 29 increases or decreases in the amount of transfers authorized by the
line 30 Affordable Housing and Community Development Investment
line 31 Program.
line 32 SEC. 3. Part 4 (commencing with Section 55900) is added to
line 33 Division 2 of Title 5 of the Government Code, to read:
line 34
line 35 PART 4. AFFORDABLE HOUSING AND COMMUNITY
line 36 DEVELOPMENT INVESTMENT PROGRAM
line 37
line 38 55900. This part is known and may be cited as the Affordable
line 39 Housing and Community Development Investment Program.
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line 1 55901. The Affordable Housing and Community Development
line 2 Investment Program is hereby established to create a local-state
line 3 partnership to reduce poverty and advance other state priorities
line 4 financed, in part, by property tax increment.
line 5 55902. As used in this part, the following terms have the
line 6 following meanings:
line 7 (a) “Affordable housing and community development investment
line 8 amount” is the amount of property tax revenue allocated pursuant
line 9 to Section 97.68.1 of the Revenue and Taxation Code.
line 10 (b) “Applicant” means any entity identified in subdivision (a)
line 11 of Section 55905 that has submitted a plan to the committee
line 12 pursuant to that section.
line 13 (c) “Committee” means the Affordable Housing and Community
line 14 Development Investment Committee established by Section 55904.
line 15 (d) “Plan” means an application for one or more projects that
line 16 is submitted to the committee.
line 17 (e) “Program” means the Affordable Housing and Community
line 18 Development Investment Program established by this part.
line 19 (f) “Project” shall include:
line 20 (1) A project undertaken by a city, county, city or county, joint
line 21 powers authority, enhanced infrastructure financing district,
line 22 affordable housing authority, community revitalization and
line 23 investment authority, affordable housing and community
line 24 development investment agency, or a transit village development
line 25 district.
line 26 (2) A transit priority project that meets the requirements of
line 27 subdivision (d) of Section 65470.
line 28 (g) “Skilled and trained workforce” has the same meaning as
line 29 set forth in Chapter 2.9 (commencing with Section 2600) of Part
line 30 1 of Division 2 of the Public Contract Code.
line 31 (h) “Transit Priority Project Program” has the same meaning
line 32 as contained in Section 65470.
line 33 55903. (a) (1) Funding allocated to the program shall be used
line 34 to support a plan that includes affordable housing. Subject to
line 35 paragraph (2), eligible uses of this funding include:
line 36 (A) Predevelopment, development, acquisition, rehabilitation,
line 37 and preservation of affordable housing, as provided in subdivision
line 38 (b). For purposes of this section, the term “affordable housing”
line 39 means housing affordable to households earning under 120 percent
line 40 of area median income.
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line 1 (B) Transit-oriented development for the purpose of developing
line 2 or facilitating the development of higher density uses within close
line 3 proximity to transit stations that will increase public transit
line 4 ridership and contribute to the reduction of vehicle miles traveled
line 5 and greenhouse gas emissions. Fiscal incentives shall be offered
line 6 to offset local community impacts associated with greater densities.
line 7 (C) Infill development to assist in the new construction and
line 8 rehabilitation of infrastructure that supports high-density,
line 9 affordable, and mixed-income housing in locations designated as
line 10 infill, including, but not limited to, any of the following:
line 11 (i) Park creation, development, or rehabilitation to encourage
line 12 infill development.
line 13 (ii) Water, sewer, or other public infrastructure costs associated
line 14 with infill development.
line 15 (iii) Transportation improvements related to infill development
line 16 projects.
line 17 (iv) Traffic mitigation.
line 18 (D) Promoting strong neighborhoods through support of local
line 19 community planning and engagement efforts to revitalize and
line 20 restore neighborhoods, including repairing infrastructure and parks,
line 21 rehabilitating and building housing and public facilities, promoting
line 22 public-private partnerships, and supporting small businesses and
line 23 job growth for affected residents.
line 24 (E) Protecting communities dealing with the effects of climate
line 25 change, including, but not limited to, sea level rise, wildfires,
line 26 seismic safety, and flood protection. Eligible projects include the
line 27 construction, repair, replacement, and maintenance of
line 28 infrastructure, including natural infrastructure, related to protecting
line 29 communities from climate change.
line 30 (F) The acquisition, construction, or rehabilitation of land or
line 31 property pursuant to eligible uses of funding specified in
line 32 subparagraphs (A) to (E), inclusive.
line 33 (2) Eligible uses allocated to an applicant under the program
line 34 shall be limited to those uses described in subparagraphs (A) to
line 35 (C), inclusive, of paragraph (1) if the applicant has taken any
line 36 action, whether by the legislative body of the applicant or the
line 37 electorate exercising its local initiative or referendum power, that
line 38 has any of the following effects:
line 39 (A) Established or implemented any provision that:
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line 1 (i) Limits the number of land use approvals or permits necessary
line 2 for the approval and construction of housing that will be issued or
line 3 allocated within all or a portion of the applicant.
line 4 (ii) Acts as a cap on the number of housing units that can be
line 5 approved or constructed either annually or for some other time
line 6 period.
line 7 (iii) Limits the population of the applicant.
line 8 (B) Imposes a moratorium or enforces an existing moratorium
line 9 on housing development, including mixed-use development, within
line 10 all or a portion of the jurisdiction of the applicant, except pursuant
line 11 to a zoning ordinance that complies with the requirements of
line 12 Section 65858.
line 13 (C) Requires voter approval of any updates to the applicant’s
line 14 housing element to comply with Article 10.6 (commencing with
line 15 Section 65580) of Chapter 3 of Division 1 of Title 7, or any
line 16 rezoning of sites or general plan amendment to comply with an
line 17 updated housing element or Section 65863.
line 18 (D) Changes the zoning of a parcel or parcels of property to a
line 19 less intensive use or reduces the intensity of land use within an
line 20 existing zoning district below what was allowed under the general
line 21 plan land use designation and zoning ordinances of the applicant
line 22 in effect on January 1, 2018. For purposes of this subparagraph,
line 23 “less intensive use” includes, but is not limited to, reductions to
line 24 height, density, floor area ratio, or new or increased open space
line 25 or lot size requirements, for property zoned for residential use in
line 26 the applicant’s general plan or other planning document.
line 27 (b) At least 50 percent of the funding provided pursuant to the
line 28 program and at least 50 percent of the funding of each plan shall
line 29 be allocated according to subparagraph (A) of paragraph (1) of
line 30 subdivision (a), to be used as follows:
line 31 (1) At least 80 percent of the funds subject to this subdivision
line 32 shall be used to provide rental and owner-occupied housing for
line 33 low-income households with an annual income equal to or less
line 34 than 80 percent of the area median income, subject to the following:
line 35 (A) Funds used for rental housing shall have average
line 36 property-level affordability at or below the maximum level
line 37 established by the California Tax Credit Allocation Committee to
line 38 be eligible for low-income housing tax credits at the percentage
line 39 prescribed in accordance with Section 42(b)(1)(B)(ii) of Title 26
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SB 1466 — 9 —
line 1 of the United States Code, relating to the method of prescribing
line 2 percentages.
line 3 (B) Funds used for owner-occupied housing shall not exceed
line 4 20 percent of the funds used for purposes of this paragraph.
line 5 (2) No more than 20 percent of the funds subject to this
line 6 subdivision may be used for the production of moderate-income
line 7 housing for households with an annual income greater than 80
line 8 percent, but no more than 120 percent, of the area median income.
line 9 (3) The rent or sales price of any housing assisted with funds
line 10 subject to this subdivision shall be in the following amounts:
line 11 (A) For housing for low-income households with an annual
line 12 income equal to or less than 80 percent of the area median income,
line 13 an amount that is at least 10 percent below the prevailing rent or
line 14 sales price for the region.
line 15 (B) For housing for moderate-income households with greater
line 16 than 80 percent, but no more than 120 percent, of the area median
line 17 income, an amount that is at least 20 percent below the prevailing
line 18 rent or sales price for the region.
line 19 (4) (A) Except as otherwise provided in subparagraph (B),
line 20 housing assisted with funds subject to this subdivision shall be
line 21 subject to a recorded affordability restriction for the following
line 22 time periods:
line 23 (i) For rental housing, at least 55 years, except as otherwise
line 24 provided.
line 25 (ii) For owner-occupied housing, at least 45 years.
line 26 (B) Notwithstanding subparagraph (A), self-help housing
line 27 assisted with funds subject to this subdivision shall be subject to
line 28 a recorded affordability restriction for at least 15 years.
line 29 (c) (1) Except as provided in paragraph (2), any plan approved
line 30 pursuant to the program shall be subject to a recorded affordability
line 31 restriction that requires the project or projects to include a
line 32 minimum of 30 percent of the total number of housing units to be
line 33 available at an affordable rent or affordable housing cost to, and
line 34 occupied by, households earning below 120 percent of the area
line 35 median income for at least 55 years.
line 36 (2) If the local agency has adopted a local ordinance that requires
line 37 that greater than 30 percent of the units in a project be dedicated
line 38 to housing affordable to households making below 120 percent of
line 39 the area median income, that ordinance shall apply.
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line 1 (d) The affordable housing and community development
line 2 investment amount shall not be used to subsidize the construction
line 3 of market rate units. It is the intent of the Legislature to preserve
line 4 the incentives for affordable housing provided by existing density
line 5 bonus law.
line 6 (e) (1) At least 12 percent of the overall funding for the program
line 7 shall be set aside for counties with populations of less than 200,000.
line 8 Of this amount, 2 percent shall be set aside to provide technical
line 9 assistance for counties with populations of less than 200,000, which
line 10 shall not be considered administrative costs for purposes of a plan.
line 11 (2) Notwithstanding subdivision (a) of Section 55906, to the
line 12 extent that all funds set aside in one year for counties with
line 13 populations of less than 200,000 are not dedicated to plans
line 14 approved by the committee, the amount of funds not dedicated
line 15 shall be available to counties with populations of less than 200,000
line 16 residents in the following year pursuant to this program.
line 17 (f) (1) Except as provided in paragraph (2), a project approved
line 18 pursuant to the program shall be considered a public work and
line 19 subject to the requirements of Chapter 1 (commencing with Section
line 20 1720) of Part 7 of Division 2 of the Labor Code, regardless of
line 21 whether an exemption under Section 1720 of the Labor Code
line 22 applies to the project.
line 23 (2) Notwithstanding paragraph (1), the approval pursuant to the
line 24 program of the following privately owned residential projects shall
line 25 not make the projects public works and subject to the requirements
line 26 of Chapter 1 (commencing with Section 1720) of Part 7 of Division
line 27 2 of the Labor Code if the project would not otherwise be
line 28 considered a public work and subject to those requirements:
line 29 (A) Construction or rehabilitation of a self-help housing project
line 30 of 10 or fewer units in which no fewer than 500 hours of
line 31 construction work associated with the homes are to be performed
line 32 by the home buyers.
line 33 (B) A rehabilitation project for which the only financial support
line 34 provided by the program is financial assistance to the household.
line 35 55904. (a) The Affordable Housing and Community
line 36 Development Investment Committee is hereby established and
line 37 shall be comprised of the following:
line 38 (1) The Chair of the Strategic Growth Council, or the chair’s
line 39 designee.
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line 1 (2) The Chair of the California Housing Finance Agency, or the
line 2 chair’s designee.
line 3 (3) The Chair of California Workforce Investment Board, or
line 4 the chair’s designee.
line 5 (4) The Director of Housing and Community Development, or
line 6 the director’s designee.
line 7 (5) Two people appointed by the Speaker of the Assembly who
line 8 have knowledge and experience in finance, housing finance,
line 9 housing planning or development, or land use and planning.
line 10 (6) Two people appointed by the Senate Committee on Rules
line 11 who have knowledge and experience in finance, housing finance,
line 12 housing planning or development, or land use and planning.
line 13 (7) One public member appointed by the Joint Legislative
line 14 Budget Committee who has expertise in education finance.
line 15 (b) The committee shall review and approve or deny plans
line 16 received pursuant to Section 55905.
line 17 (c) The Department of Housing and Community Development
line 18 shall provide the technical assistance and administrative support
line 19 necessary for the committee to consider plans.
line 20 (d) Members of the committee shall serve without compensation,
line 21 but shall be reimbursed for actual and necessary expenses incurred
line 22 in connection with the performance of their duties.
line 23 55905. (a) A plan for the affordable housing and community
line 24 development investment amount may be submitted by any of the
line 25 following:
line 26 (1) A city, county, or city and county.
line 27 (2) A joint powers authority formed pursuant to Chapter 5
line 28 (commencing with Section 6500) of Division 7 of Title 1 that is
line 29 composed of entities that may submit a plan pursuant to this
line 30 subdivision.
line 31 (3) An enhanced infrastructure financing district established
line 32 pursuant to Chapter 2.99 (commencing with Section 53398.50) of
line 33 Part 1 of Division 2 of Title 5.
line 34 (4) An affordable housing authority established pursuant to
line 35 Division 5 (commencing with Section 62250) of Title 6.
line 36 (5) A community revitalization and investment authority
line 37 established pursuant to Division 4 (commencing with Section
line 38 62000) of Title 6.
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line 1 (6) An affordable housing and community development
line 2 investment agency established pursuant to Division 7 (commencing
line 3 with Section 62350) of Title 6.
line 4 (7) A transit village development district established pursuant
line 5 to Article 8.5 (commencing with Section 65460) of Chapter 3 of
line 6 Division 1 of Title 7.
line 7 (b) A plan to participate in the program may be submitted to
line 8 the committee and shall include all of the following information:
line 9 (1) A description of the proposed project or projects to be
line 10 completed by the applicant pursuant to the plan and the funding
line 11 amount necessary for each year the applicant requests funding
line 12 pursuant to the program. The applicant may request funding for
line 13 no more than 30 years for each project included in the plan.
line 14 (2) Information necessary to demonstrate that each project
line 15 proposed by the plan complies with all of the statutory requirements
line 16 of any statutory authorization pursuant to which the project is
line 17 proposed.
line 18 (3) Certification that any low- and moderate-income housing
line 19 or other projects or portions of other projects that receive funding
line 20 from the program will comply with paragraph (8) of subdivision
line 21 (a) of Section 65913.4.
line 22 (4) A strategy for outreach to, and retention of, women, minority,
line 23 disadvantaged youth, formerly incarcerated, and other
line 24 underrepresented subgroups in coordination with the California
line 25 Workforce Investment Board and local boards, to increase their
line 26 representation and employment opportunities in the building and
line 27 construction trades.
line 28 (5) For each project identified in the plan, a requirement that
line 29 no eviction has been made on any project site within the last 10
line 30 years, and protections to avoid displacement of individuals affected
line 31 by the project.
line 32 (6) A requirement that any project included in the plan would
line 33 not require the demolition of any of the following types of housing:
line 34 (A) Housing that is subject to a recorded covenant, ordinance,
line 35 or law that restricts rents to levels affordable to persons and
line 36 families of moderate, low, or very low income.
line 37 (B) Housing that is subject to any form of rent or price control
line 38 through a public entity’s valid exercise of its police power.
line 39 (C) Housing that has been occupied by tenants within the past
line 40 10 years.
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line 1 (7) A requirement that the site was not previously used for
line 2 housing that was occupied by tenants that was demolished within
line 3 10 years before the applicant submits a plan pursuant to this
line 4 section.
line 5 (8) A requirement that the development of the project or projects
line 6 included in the plan would not require the demolition of a historic
line 7 structure that was placed on a national, state, or local historic
line 8 register.
line 9 (9) A requirement that the project or projects included in the
line 10 plan would not contain present or former tenant-occupied housing
line 11 units that will be, or were, subsequently offered for sale to the
line 12 general public by the subdivider or subsequent owner of the
line 13 property.
line 14 (10) An economic and fiscal analysis, paid for by the applicant
line 15 and prepared by the applicant or an individual or entity approved
line 16 by the committee that includes the following information as it
line 17 pertains to the plan:
line 18 (A) The estimated cost of providing services or facilities for
line 19 each project included in the plan.
line 20 (B) The estimated revenue available to provide services or
line 21 facilities for each project included in the plan.
line 22 (C) Identification of the taxing entities that are participating in
line 23 the financing of each project included in the plan through the
line 24 pledge of an amount equal to the entity’s incremental share of the
line 25 property tax or other means.
line 26 (D) Identification of the property tax, sales tax, and other public
line 27 funding available to invest in each project included in the plan or
line 28 the services or facilities needed by each project included in the
line 29 plan, as proposed, including, but not limited to, information from
line 30 the county auditor describing how the county or counties where
line 31 the applicant is from has historically distributed its educational
line 32 revenue augmentation fund revenue to schools and local agencies.
line 33 (E) Identification of the funding and financing methods that
line 34 will be used by each project included in the plan, including whether
line 35 the applicant intends to issue bonds that will be repaid from
line 36 property tax increment.
line 37 (F) The affordable housing and community development
line 38 investment amount requested by the applicant to complete each
line 39 project included in the plan or the services or facilities needed by
line 40 each project included in the plan, as proposed, and the proposed
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line 1 date on which the annual allocation of the affordable housing and
line 2 community development investment amount will terminate.
line 3 (G) The amount of administrative costs associated with the plan.
line 4 The plan may set aside not more than 5 percent of the total
line 5 affordable housing and community development investment
line 6 amount requested in the plan for administrative costs.
line 7 (c) (1) Except as provided in paragraph (3), the applicant shall
line 8 certify that a skilled and trained workforce will be used to complete
line 9 the project if the plan is approved.
line 10 (2) If the applicant has certified that a skilled and trained
line 11 workforce will be used to complete the project or projects and the
line 12 plan is approved, the following shall apply:
line 13 (A) The applicant shall require every contractor and
line 14 subcontractor at every tier performing work on the project to
line 15 provide the applicant with an enforceable commitment that the
line 16 contractor or subcontractor will individually use a skilled and
line 17 trained workforce to complete the project.
line 18 (B) Every contractor and subcontractor shall individually use
line 19 a skilled and trained workforce to complete the project.
line 20 (C) The applicant shall be considered an awarding body for
line 21 purposes of Section 2602 of the Public Contract Code.
line 22 (3) This subdivision shall not apply to a housing project that
line 23 meets any of the following criteria:
line 24 (A) One hundred percent of the housing project’s units,
line 25 exclusive of any legally required manager’s unit or units, are
line 26 affordable to households earning 80 percent or below of the area
line 27 median income.
line 28 (B) The housing project consists of 25 units or less.
line 29 (C) The housing project is located in a county with a population
line 30 of 100,000 or less.
line 31 (d) (1) Within 30 days of receipt of a plan pursuant to this
line 32 section, the committee shall provide the applicant with a written
line 33 statement identifying any questions about the plan.
line 34 (2) If the committee denies approval of the plan, the committee
line 35 shall, not more than 30 days following the date the committee has
line 36 issued a decision, provide the applicant with a written statement
line 37 explaining the reasons why the plan was denied.
line 38 (3) Subject to subdivision (e), the committee shall develop a
line 39 rubric to determine which plan to approve. The rubric shall give
line 40 priority to plans based on, but not limited to, the following factors:
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SB 1466 — 15 —
line 1 (A) The number of housing units created.
line 2 (B) The depth of affordability of the new housing units,
line 3 including:
line 4 (i) The share of housing units to be constructed that are available
line 5 to individuals with an area median income below 120 percent.
line 6 (ii) The share of housing units to be constructed that are
line 7 available to individuals with an area median income below 80
line 8 percent.
line 9 (iii) The share of housing units to be constructed that are
line 10 available to individuals with an area median income below 50
line 11 percent.
line 12 (iv) The share of housing units to be constructed that are
line 13 available to individuals with an area median income below 30
line 14 percent.
line 15 (C) The level of local, state, and federal funds that will be
line 16 dedicated toward the projects included in the plan, including, but
line 17 not limited to, tax credits, in-kind transfers, personnel costs and
line 18 services, and land.
line 19 (D) Whether the applicant adopts plans that streamline
line 20 development, including the following:
line 21 (i) Plans adopted through a workforce housing opportunity zone
line 22 (Article 10.10 (commencing with Section 65620) of Chapter 3 of
line 23 Division 1 of Title 7) or a housing sustainability district (Chapter
line 24 11 (commencing with Section 66200) of Division 1 of Title 7).
line 25 (ii) Plans to streamline development funded by the Building
line 26 Homes and Jobs Act (Chapter 2.5 (commencing with Section
line 27 50470) of Part 2 of Division 31 of the Health and Safety Code).
line 28 (iii) Other local measures adopted to reduce development costs,
line 29 including, but not limited to, accelerating housing approvals,
line 30 reducing the average time for issuing a conditional use or other
line 31 development permit to less than one year, reducing fees imposed
line 32 in connection with the approval of accessory dwelling units, and
line 33 increasing density near transit.
line 34 (e) Notwithstanding any other provision of this part, the
line 35 committee may approve a plan submitted to it pursuant to this
line 36 section only if it finds all of the following:
line 37 (1) The conditions specified in paragraph (1) of subdivision (a)
line 38 of Section 55906 have been satisfied for the applicable fiscal year.
line 39 (2) (A) Except as otherwise provided in subparagraph (B), the
line 40 applicant will provide matching resources, including, but not
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line 1 limited to, financial, in-kind land dedication, or public-private
line 2 funds, for the state investment in the program.
line 3 (B) This paragraph shall not apply in the case of an applicant
line 4 located in a rural area of the state.
line 5 (3) (A) If applicable, the applicant has a housing element that
line 6 the Department of Housing and Community Development has
line 7 determined to be in substantial compliance with Article 10.6
line 8 (commencing with Section 65580) of Chapter 3 of Division 1 of
line 9 Title 7, pursuant to Section 65585.
line 10 (B) An applicant subject to this paragraph shall annually submit
line 11 its housing element to the Department of Housing and Community
line 12 Development for review to ensure that its housing element remains
line 13 in substantial compliance with state law. The Department of
line 14 Housing and Community Development shall certify to the
line 15 committee whether the housing element is in substantial
line 16 compliance and whether any rezoning of sites required by law,
line 17 including, but not limited to, Sections 65583, 65583.2, and 65863,
line 18 have been completed.
line 19 (4) If applicable, the applicant has not been found to have
line 20 violated the Housing Accountability Act (Section 65589.5) or the
line 21 Density Bonus Law (Chapter 4.3 (commencing with Section
line 22 65915) of Division 1 of Title 7) within the following time periods:
line 23 (A) Until January 1, 2027, the applicant has not been found to
line 24 have violated the provisions specified in this paragraph on or after
line 25 January 1, 2019.
line 26 (B) On and after January 1, 2027, the applicant has not been
line 27 found to have violated the provisions specified in this paragraph
line 28 within the five years preceding the date of the submission of the
line 29 applicant’s plan pursuant to this section.
line 30 55906. (a) The committee shall adopt annual priorities
line 31 consistent with the objectives set forth in Section 55903 and shall
line 32 adhere to the following funding schedule:
line 33 (1) (A) Commencing January 1, 2024, the committee may only
line 34 approve a plan for funding pursuant to Section 55905 if the
line 35 Legislature enacts a budget bill for the applicable fiscal year that
line 36 specifies the amount available for the committee to allocate
line 37 pursuant to the program, subject to the limits of this section.
line 38 (B) Nothing in this paragraph shall affect or have any financial
line 39 impact upon previously approved funding pursuant to the program.
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SB 1466 — 17 —
line 1 (2) Subject to paragraph (1), for the five-year period
line 2 commencing July 1, 2024, and ending June 30, 2029, the committee
line 3 may approve no more than two hundred million dollars
line 4 ($200,000,000) in funding in any year for plans approved pursuant
line 5 to the program.
line 6 (3) Subject to paragraph (1), for the four-year period
line 7 commencing July 1, 2029, and ending June 30, 2033, the committee
line 8 may approve no more than two hundred fifty million dollars
line 9 ($250,000,000) in funding in any year for plans approved pursuant
line 10 to the program.
line 11 (4) The Legislature, by statute, may direct the committee to
line 12 suspend consideration of plans submitted pursuant to Section 55903
line 13 in any fiscal year in which the Legislature passes a bill described
line 14 in Section 22 of Article XVI of the California Constitution. Nothing
line 15 in this paragraph shall affect or have any financial impact upon
line 16 previously approved funding pursuant to this program.
line 17 (5) The Legislature, by statute, may direct the committee to
line 18 suspend consideration of plans submitted pursuant to Section 55903
line 19 in any fiscal year in which the Legislature passes a bill described
line 20 in Section 8 of Article XVI of the California Constitution. Nothing
line 21 in this paragraph shall affect or have any financial impact upon
line 22 previously approved funding pursuant to this program.
line 23 (b) The annual amounts dedicated to individual approved
line 24 projects shall be allocated based on the schedule of funding
line 25 included in the plan that includes the project, unless the committee
line 26 decides to allocate a different level of funding or change the
line 27 number of years that the project is to receive funding pursuant to
line 28 the program in accordance with the plan approved pursuant to
line 29 subdivision (d).
line 30 (c) The committee shall adopt guidelines to explain how
line 31 geographic equity will be maintained in the approval of plans
line 32 pursuant to this program.
line 33 (d) (1) The committee shall approve or deny a plan submitted
line 34 pursuant to Section 55905 upon both of the following:
line 35 (A) Receipt of the information required to be submitted pursuant
line 36 to paragraphs (1) through (4) of subdivision (b) of Section 55905.
line 37 (B) A determination that the affordable housing and community
line 38 development investment amount requested is consistent with the
line 39 guidelines adopted pursuant to subdivision (b).
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line 1 (2) The approval shall state the amount of the affordable housing
line 2 and community development investment amount approved and
line 3 the date upon which the affordable housing and community
line 4 development investment amount terminates.
line 5 (e) The committee may require the applicant to reimburse it for
line 6 the reasonable cost incurred to review the plan to participate in
line 7 the program.
line 8 (f) The committee shall review, and may approve or deny, any
line 9 changes to a plan submitted by the applicant.
line 10 55907. (a) Upon approval of a plan pursuant to subdivision
line 11 (d) of Section 55906, and subject to paragraph (1) of subdivision
line 12 (a) of Section 55906, the committee shall issue an order directing
line 13 the county auditor to transfer an amount of ad valorem property
line 14 tax revenue pursuant to Section 97.68.1 of the Revenue and
line 15 Taxation Code in an amount equal to the annual affordable housing
line 16 and community development investment amount approved by the
line 17 committee.
line 18 (b) The revenues allocated to an applicant pursuant to Section
line 19 97.68.1 of the Revenue and Taxation Code may be used for the
line 20 purposes set forth in Section 55903.
line 21 (c) The applicant may use the additional revenue received
line 22 pursuant to Section 97.68.1 of the Revenue and Taxation Code to
line 23 incur debt or issue bonds or other financing to support the project
line 24 or projects included in the plan.
line 25 55908. (a) On or before July 1, 2025, and annually thereafter,
line 26 each applicant that has received financing pursuant to the program
line 27 for any fiscal year shall provide a report to the committee that
line 28 includes all of the following information for the previous fiscal
line 29 year:
line 30 (1) The affordable housing and community development
line 31 investment amount that the county auditor reallocated to the
line 32 applicant pursuant to Section 97.68.1 of the Revenue and Taxation
line 33 Code.
line 34 (2) The purposes for which that reallocated money was used,
line 35 including the number of housing units constructed and at which
line 36 income level.
line 37 (3) The actions taken during the prior fiscal year to implement
line 38 the project.
line 39 (4) The total amount of funds expended for planning and general
line 40 administrative costs.
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line 1 (b) Notwithstanding Section 10231.5, on or before March 1,
line 2 2024, and annually thereafter, if the committee has approved
line 3 funding pursuant to the program, the committee shall provide a
line 4 report to the Joint Legislative Budget Committee that includes all
line 5 of the following information for the preceding fiscal year:
line 6 (1) The name, location, and general description, including the
line 7 number of housing units constructed and at which income level,
line 8 of each project that received an affordable housing and community
line 9 development investment amount pursuant to this program.
line 10 (2) The total amount of money that county auditors reallocated
line 11 from affordable housing and community development investment
line 12 funds pursuant to the program in the previous fiscal year.
line 13 (3) An evaluation of the value of the state’s investment through
line 14 the funding provided by this program as measured by a net revenue
line 15 increase to the General Fund and progress towards achieving the
line 16 purposes and intent of the program.
line 17 (c) The committee shall develop a corrective action plan for
line 18 noncompliance with the requirement of this part.
line 19 55909. (a) If, based on annual reports submitted to the
line 20 committee pursuant to Section 55908, the committee determines
line 21 that any of the following has occurred, the committee shall direct
line 22 the applicant to develop a corrective action plan based on
line 23 recommendations made by the committee:
line 24 (1) The applicant is not on track to produce the number of
line 25 housing units included in the plan.
line 26 (2) The applicant is not on track to spend at least 50 percent of
line 27 plan funds on affordable housing, as required by subdivision (b)
line 28 of Section 55903.
line 29 (3) The applicant is on track to exceed 5 percent of the
line 30 administrative limit.
line 31 (4) The applicant is found to have used funding provided by the
line 32 program for purposes not authorized by the act.
line 33 (5) The applicant is found to have used funds to subsidize market
line 34 rate housing.
line 35 (6) The applicant has violated antidisplacement provisions
line 36 pursuant to paragraph (6), (7), (8), or (9) of subdivision (a) of
line 37 Section 55905.
line 38 (7) The applicant is not on track to complete all of the projects
line 39 included in the plan according to the timeline included in the plan.
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line 1 (b) The applicant shall have one year from the date that the
line 2 committee directed the applicant to develop a corrective action
line 3 plan.
line 4 (c) The committee shall issue a finding that the applicant is out
line 5 of compliance with the program if the committee finds either of
line 6 the following apply:
line 7 (1) The applicant has not provided an adequate corrective action
line 8 plan to the committee within one year of the date the committee
line 9 directed the applicant to develop a corrective action plan.
line 10 (2) The annual report provided to the committee pursuant to
line 11 Section 55908 does not demonstrate that the applicant has taken
line 12 adequate steps to implement the corrective action plan that was
line 13 provided to the committee within one year of the date the
line 14 committee directed the applicant to develop a corrective action
line 15 plan.
line 16 (d) (1) Except as provided in paragraph (2), if the committee
line 17 finds that the applicant is out of compliance with the program, the
line 18 committee shall direct the auditor to stop transferring moneys from
line 19 the county’s ERAF pursuant to the program under Section 97.68.1
line 20 of the Revenue and Taxation Code, and prohibit the applicant from
line 21 applying for additional funds for this program for a period of five
line 22 years.
line 23 (2) The auditor shall continue to transfer money from the
line 24 county’s ERAF pursuant to the program under Section 97.68.1 of
line 25 the Revenue and Taxation Code in an amount that allows for
line 26 payment of the following obligations:
line 27 (A) Bonds, notes, interim certificates, debentures, or other
line 28 obligations issued by the agency.
line 29 (B) Loans or moneys advanced to the agency, including, but
line 30 not limited to, loans from federal, state, or local agencies, or a
line 31 private entity.
line 32 (C) Contractual obligations that, if breached, could subject the
line 33 applicant to damages or other liabilities or remedies.
line 34 (3) If the auditor continues to transfer money from the county’s
line 35 ERAF pursuant to paragraph (2), the applicant shall continue to
line 36 provide matching resources pursuant to paragraph (2) of
line 37 subdivision (e) of Section 55905, but shall be prohibited from
line 38 entering into any new debts, loans, or obligations related to the
line 39 plan unless approved by the committee.
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SB 1466 — 21 —
line 1 (4) The committee shall take all actions necessary to abide by
line 2 the obligations described in paragraph (1).
line 3 (5) The committee may reduce the scope of the plan approved
line 4 pursuant to subdivision (e) of Section 55905 to align with available
line 5 financial resources and the purposes of the Affordable Housing
line 6 and Community Investment Program, which include the option of
line 7 using the remaining resources to support the construction of
line 8 affordable housing in the community of the applicant.
line 9 (e) If an applicant is found to be out of compliance with the
line 10 program, the applicant shall be ineligible to apply for other state
line 11 grant programs for a period of five years.
line 12 SEC. 4. Division 7 (commencing with Section 62350) is added
line 13 to Title 6 of the Government Code, to read:
line 14
line 15 DIVISION 7. AFFORDABLE HOUSING AND COMMUNITY
line 16 DEVELOPMENT INVESTMENT AGENCIES
line 17
line 18 62350. As used in this division:
line 19 (a) “Agency” means an affordable housing and community
line 20 development investment agency created pursuant to this division.
line 21 (b) “Affordable housing and community development
line 22 investment amount” means the amount approved by the Affordable
line 23 Housing and Community Development Investment Committee
line 24 pursuant to Part 4 (commencing with Section 55900) of Division
line 25 2 of Title 5 and allocated to an agency pursuant to Section 97.68.1
line 26 of the Revenue and Taxation Code.
line 27 (c) “Program” means the Affordable Housing and Community
line 28 Development Investment Program established pursuant to Part 4
line 29 (commencing with Section 55900) of Division 2 of Title 5.
line 30 (d) “Project” has the same meaning as defined in Section 55902.
line 31 (e) “Plan area” means the area that includes the territory
line 32 described in any plan submitted by an agency pursuant to
line 33 subdivision (b) of Section 55905.
line 34 62352. (a) An affordable housing and community development
line 35 investment agency created pursuant to this division shall be a
line 36 public body, corporate and politic, with jurisdiction to carry out
line 37 one or more projects within a project area. The agency shall have
line 38 only those powers and duties specifically set forth in Section
line 39 62354.
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line 1 (b) (1) Subject to paragraphs (2) and (3), an agency may be
line 2 created in any one of the following ways:
line 3 (A) A city, county, or city and county may adopt a resolution
line 4 creating an agency. The composition of the governing board shall
line 5 be comprised as set forth in subdivision (c).
line 6 (B) Any of the following entities may create an agency by
line 7 entering into a joint powers agreement pursuant to Chapter 5
line 8 (commencing with Section 6500) of Division 7 of Title 1:
line 9 (i) A city.
line 10 (ii) A county.
line 11 (iii) A city and county.
line 12 (iv) A special district, as that term is defined in subdivision (m)
line 13 of Section 95 of the Revenue and Taxation Code.
line 14 (v) Any combination of entities described in clauses (i) to (iv),
line 15 inclusive.
line 16 (2) (A) A school entity, as defined in subdivision (f) of Section
line 17 95 of the Revenue and Taxation Code, shall not participate in an
line 18 agency created pursuant to this division.
line 19 (B) A successor agency, as defined in subdivision (j) of Section
line 20 34171 of the Health and Safety Code, shall not participate in an
line 21 agency created pursuant to this division, and an agency created
line 22 pursuant to this division shall not receive any portion of the
line 23 property tax revenues or other moneys distributed pursuant to
line 24 Section 34188 of the Health and Safety Code.
line 25 (3) An agency created by a city or county that created a
line 26 redevelopment agency that was dissolved pursuant to Part 1.85
line 27 (commencing with Section 34170) of Division 24 of the Health
line 28 and Safety Code shall not become effective until the successor
line 29 agency or designated local authority for the former redevelopment
line 30 agency has adopted findings of fact stating all of the following:
line 31 (A) The successor agency has received a finding of completion
line 32 from the Department of Finance pursuant to Section 34179.7 of
line 33 the Health and Safety Code.
line 34 (B) Former redevelopment agency assets that are the subject of
line 35 litigation against the state, where the city or county or its successor
line 36 agency or designated local authority are a named plaintiff, have
line 37 not been or will not be used to benefit any efforts of an agency
line 38 created under this division unless the litigation has been resolved
line 39 by entry of a final judgment by any court of competent jurisdiction
line 40 and any appeals have been exhausted.
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SB 1466 — 23 —
line 1 (C) The successor agency has complied with all orders of the
line 2 Controller pursuant to Section 34167.5 of the Health and Safety
line 3 Code.
line 4 (c) (1) The governing board of an agency created pursuant to
line 5 subparagraph (A) of paragraph (1) of subdivision (b) shall be
line 6 appointed by the legislative body of the city, county, or city and
line 7 county that created the agency and shall include three members
line 8 of the legislative body of the city, county, or city and county that
line 9 created the agency and two public members. The appointment of
line 10 the two public members shall be subject to Section 54974. The
line 11 two public members shall live or work within the plan area.
line 12 (2) The governing body of an agency created pursuant to
line 13 subparagraph (B) of paragraph (1) of subdivision (b) shall be
line 14 comprised of a majority of members from the legislative bodies
line 15 of the public agencies that created the agency and a minimum of
line 16 two public members who live or work within the plan area. The
line 17 majority of the board shall appoint the public members to the
line 18 governing body. The appointment of the public members shall be
line 19 subject to Section 54974.
line 20 62354. An agency may do all of the following in order to carry
line 21 out a project:
line 22 (a) Apply for funding to carry out the project pursuant to the
line 23 program.
line 24 (b) Accept an allocation of property tax revenues, in the form
line 25 of an affordable housing and community development investment
line 26 amount allocated under the program pursuant to Section 97.68.1
line 27 of the Revenue and Taxation Code.
line 28 (c) Issue bonds in accordance with Article 4.5 (commencing
line 29 with Section 53506) and Article 5 (commencing with Section
line 30 53510) of Chapter 3 of Part 1 of Division 2 of Title 5.
line 31 (d) Borrow money, receive grants, or accept financial or other
line 32 assistance or investment from the state or the federal government
line 33 or any other public agency or private lending institution for any
line 34 project within its area of operation. The agency may comply with
line 35 any conditions of a loan or grant received pursuant to this
line 36 subdivision.
line 37 (e) Receive funds allocated to it pursuant to a resolution adopted
line 38 by a city, county, or special district to transfer these funds from a
line 39 source described in subdivision (d), (e), or (f) of Section 53398.75,
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line 1 subject to any requirements upon, or imposed by, the city, county,
line 2 or special district as to the use of these funds.
line 3 (f) Acquire and transfer real property.
line 4 SEC. 5. Section 97.68.1 is added to the Revenue and Taxation
line 5 Code, to read:
line 6 97.68.1. Notwithstanding any other provision of law, for each
line 7 fiscal year for which funding for a plan for the county is approved
line 8 under Part 4 (commencing with Section 55900) of Division 2 of
line 9 Title 5 of the Government Code, in allocating ad valorem property
line 10 tax revenue, all of the following shall apply:
line 11 (a) The county auditor shall transfer an amount, equal to the
line 12 countywide affordable housing and community development
line 13 investment amount, from the county’s Educational Revenue
line 14 Augmentation Fund, up to the amount available in the Educational
line 15 Revenue Augmentation Fund after complying with subdivision
line 16 (d), and deposit that amount into the Affordable Housing and
line 17 Community Development Investment Fund established pursuant
line 18 to subdivision (b).
line 19 (b) (1) The county auditor shall, except as provided in paragraph
line 20 (2), deposit the countywide affordable housing and community
line 21 development investment amount into the Affordable Housing and
line 22 Community Development Investment Fund, which shall be
line 23 established in the treasury of each county. Moneys in the
line 24 Affordable Housing and Community Development Investment
line 25 Fund shall only be used for plans approved pursuant to Part 4
line 26 (commencing with Section 55900) of Division 2 of Title 5 of the
line 27 Government Code, and shall be allocated to the applicant as
line 28 directed by the committee.
line 29 (2) In the case of an applicant that is an enhanced infrastructure
line 30 financing district, affordable housing authority, community
line 31 revitalization investment authority, affordable housing and
line 32 community development investment agency, or transit village
line 33 development district, the auditor shall allocate an amount from the
line 34 county’s Educational Revenue Augmentation Fund equal to the
line 35 enhanced infrastructure financing district’s, affordable housing
line 36 authority’s, community revitalization investment authority’s,
line 37 affordable housing and community development investment
line 38 agency’s, or transit village development district’s affordable
line 39 housing and community development investment amount to the
line 40 city or county that created the enhanced infrastructure financing
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SB 1466 — 25 —
line 1 district, affordable housing authority, community revitalization
line 2 investment authority, affordable housing and community
line 3 development investment agency, or transit village development
line 4 district. The city or county shall, upon receipt, transfer those funds
line 5 to that enhanced infrastructure financing district, affordable housing
line 6 authority, community revitalization investment authority,
line 7 affordable housing and community development investment
line 8 agency, or transit village development district, in an amount equal
line 9 to the affordable housing and community development investment
line 10 amount for that enhanced infrastructure financing district,
line 11 affordable housing authority, community revitalization investment
line 12 authority, affordable housing and community development
line 13 investment agency, or transit village development district.
line 14 (3) The county auditor shall allocate one-half of an amount
line 15 specified in paragraph (1) or (2) on or before January 31 of each
line 16 fiscal year, and the other one-half on or before May 31 of each
line 17 fiscal year.
line 18 (c) For purposes of this section, all of the following shall apply:
line 19 (1) “Affordable housing and community development
line 20 investment amount” for a particular city, county, or city and county
line 21 means the amount approved by the Affordable Housing and
line 22 Community Development Committee pursuant to Part 4
line 23 (commencing with Section 55900) of Division 2 of Title 5 of the
line 24 Government Code.
line 25 (2) “Countywide affordable housing and community
line 26 development investment amount” means, for any fiscal year, the
line 27 total sum of the amounts described in paragraph (1) for a county
line 28 or a city and county, and each city and county.
line 29 (d) This section shall not be construed to do any of the
line 30 following:
line 31 (1) Reduce any allocations of excess, additional, or remaining
line 32 funds that would otherwise have been allocated to county
line 33 superintendents of schools, cities, counties, special districts, and
line 34 cities and counties pursuant to clause (i) of subparagraph (B) of
line 35 paragraph (4) of subdivision (d) of Sections 97.2 and 97.3, Section
line 36 97.70, and Article 4 (commencing with Section 98) had this section
line 37 not been enacted. The allocations required by this section shall be
line 38 adjusted to comply with this paragraph.
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line 1 (2) Require an increased ad valorem property tax revenue
line 2 allocation or increased tax increment allocation to a community
line 3 redevelopment agency.
line 4 (3) Alter the manner in which ad valorem property tax revenue
line 5 growth from fiscal year to fiscal year is otherwise determined or
line 6 allocated in a county.
line 7 (4) Reduce ad valorem property tax revenue allocations required
line 8 under Article 4 (commencing with Section 98).
line 9 (e) If, for the fiscal year, after complying with subparagraph
line 10 (B) of paragraph (1) of subdivision (a) of Section 97.70, there is
line 11 not enough ad valorem property tax revenue that is otherwise
line 12 required to be allocated to a county Educational Revenue
line 13 Augmentation Fund for the county auditor to complete the transfer
line 14 required by subdivision (a), the county auditor shall reduce the
line 15 total amount of ad valorem property tax revenue that is otherwise
line 16 required to be allocated to all school districts and community
line 17 college districts in the county for that fiscal year by an amount
line 18 equal to the difference between the countywide affordable housing
line 19 and community development investment amount and the amount
line 20 of ad valorem property tax revenue that is otherwise required to
line 21 be allocated to the county Educational Revenue Augmentation
line 22 Fund for that fiscal year. This reduction for each school district
line 23 and community college district in the county shall be the percentage
line 24 share of the total reduction that is equal to the proportion that the
line 25 total amount of ad valorem property tax revenue that is otherwise
line 26 required to be allocated to the school district or community college
line 27 district bears to the total amount of ad valorem property tax revenue
line 28 that is otherwise required to be allocated to all school districts and
line 29 community college districts in a county. For purposes of this
line 30 subdivision, “school districts” and “community college districts”
line 31 do not include any districts that are excess tax school entities, as
line 32 defined in Section 95.
line 33 (f) Any transfer of ad valorem property tax revenues deposited
line 34 in the county’s Educational Revenue Augmentation Fund as a
line 35 result of subdivision (a) shall be applied exclusively to reduce the
line 36 amounts that are allocated from that fund to school districts and
line 37 county offices of education, and shall not be applied to reduce the
line 38 amounts of ad valorem property tax revenues that are otherwise
line 39 required to be allocated from that fund to community college
line 40 districts.
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SB 1466 — 27 —
line 1 (g) (1) A property tax revenue allocation or transfer made
line 2 pursuant to subdivision (a) or (b) shall not be considered for
line 3 purposes of determining under Section 96.1 the amount of property
line 4 tax revenue allocated to a jurisdiction in the prior fiscal year.
line 5 (2) The county auditor may deduct its administrative costs
line 6 related to this section from the affordable housing and community
line 7 development investment amount before depositing that amount
line 8 into the county’s Affordable Housing and Community
line 9 Development Investment Fund pursuant to subdivision (a).
line 10 SEC. 6. If the Commission on State Mandates determines that
line 11 this act contains costs mandated by the state, reimbursement to
line 12 local agencies and school districts for those costs shall be made
line 13 pursuant to Part 7 (commencing with Section 17500) of Division
line 14 4 of Title 2 of the Government Code.
line 15 SEC. 7. Each provision of this act is a material and integral
line 16 part of the act, and the provisions of this act are not severable. If
line 17 any provision of this act or its application is held invalid, the entire
line 18 act shall be null and void.
O
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AMENDED IN SENATE JUNE 22, 2021
AMENDED IN ASSEMBLY MAY 24, 2021
AMENDED IN ASSEMBLY MAY 13, 2021
california legislature—2021–22 regular session
ASSEMBLY BILL No. 988
Introduced by Assembly Members Bauer-Kahan, Berman, Chiu,
Quirk-Silva, Ting, Gipson, and Ramos
(Coauthors: Assembly Members Aguiar-Curry, Bloom, Burke,
Gabriel, Cristina Garcia, Grayson, Low, McCarty, Mullin,
Luz Rivas, Robert Rivas, Rodriguez, Santiago, Stone, Villapudua,
Wicks, Lackey, Lee, Akilah Weber, and Wood)
(Coauthors: Senators Archuleta, Eggman, Glazer, Leyva, Wiener,
Nielsen, Ochoa Bogh, and Umberg)
February 18, 2021
An act to amend Section 1714.55 of the Civil Code, to add Article
6.1 (commencing with Section 53123) to Chapter 1 of Part 1 of Division
2 of Title 5 of the Government Code, to add Section 324.9 to the Public
Utilities Code, and to amend Sections 41007.2, 41007.3, 41013, 41020,
41021, 41022, 41023, 41024, 41026, 41028, 41030, 41031, 41032,
41046, 41050, 41098, 41100, 41128, 41135, 41136, and 41150 of, to
amend Article 1 (commencing with Section 41020) and Article 2
(commencing with Section 41030) of Chapter 2 of Part 20 of Division
2 of, and to amend the heading of Chapter 2 (commencing with Section
41020) of Part 20 of Division 2 of, the Revenue and Taxation Code,
relating to emergency services. services, and declaring the urgency
thereof, to take effect immediately.
96
legislative counsel’s digest
AB 988, as amended, Bauer-Kahan. Mental health: 988 crisis hotline.
Existing law, the Warren-911-Emergency Assistance Act, requires
every local public agency, as defined, to have an emergency
communication system and requires the digits “911” to be the primary
emergency telephone number within the system.
Existing law specifies provisions governing the operation and
financing of community mental health services for the mentally
disordered in every county through locally administered and locally
controlled community mental health programs. Existing law specifies
that county mental health services should be organized to provide
immediate response to individuals in precrisis and crisis and to members
of the individual’s support system, on a 24-hour, 7-day-a-week basis
and authorizes provision of crisis services offsite, as mobile services.
Existing federal law, the National Suicide Hotline Designation Act,
designates the 3-digit telephone number “988” as the universal number
within the United States for the purpose of the national suicide
prevention and mental health crisis hotline system operating through
the National Suicide Prevention Lifeline maintained by the Assistant
Secretary for Mental Health and Substance Abuse and the Veterans
Crisis Line maintained by the Secretary of Veterans Affairs.
This bill would state the Legislature’s intent to enact legislation that
would implement the National Suicide Hotline Designation Act of 2020,
in compliance with the Federal Communication Commission’s rules
adopted by July 16, 2022, designating “988” as a 3-digit number for
the National Suicide Prevention Hotline.
This bill would require 988 centers, as defined, to, by July 16, 2022,
provide a person experiencing a behavioral health crisis access to a
trained counselor by call and, by January 1, 2027, provide access to a
trained counselor by call, text, and chat. The bill would require mobile
crisis teams, as defined, to respond to any individual in need of
immediate suicidal or behavioral health crisis intervention in a timely
manner in all jurisdictions, and would require any call made to 911
pertaining to a clearly articulated suicidal or behavioral health crisis
to be transferred to a 988 center, except under specified circumstances.
The bill would require 988 centers to provide follow-up services to
individuals accessing 988 consistent with guidance and policies
established by the National Suicide Prevention Lifeline and within
specified timelines.
96
— 2 — AB 988
The bill would require the Office of Emergency Services to take
specified actions to implement the provisions of the bill related to
emergency communications system components and operations of the
988 system, including, not later than January 1, 2022, appointing a
director to implement and oversee the administration coordinating
emergency mental health crisis response with emergency crisis lines,
determining an anticipated operating budget for fiscal years 2021–2022
and 2022–2023, and designating a 988 center or centers to provide
crisis intervention services and crisis care coordination to individuals
accessing the 988 system, as provided. The bill would establish the
State 988 Technical Advisory Board consisting of enumerated
individuals, including representatives of the National Suicide Prevention
Lifeline call centers, county behavioral health directors, specified
emergency personnel, and others, for the purposes of expediting the
implementation of the 988 system prior to July 16, 2022, and would
require the director to appoint and convene the board. The board would
be responsible for advising on developing policies, practices, and
procedures for 988 system communications, technical and operational
standards for the California 988 system, and initial budget, funding,
and reimbursement decisions. The bill would require the board to meet
monthly beginning January 30, 2022, through December 31, 2022, and
follow open meeting requirements. The bill would prohibit board
members from receiving compensation for their service on the board,
but would specify that the board may be reimbursed for travel and per
diem for time spent in attending meetings of the board.
This bill would require the Office of Emergency Services to, no later
than October 31, 2023, and in partnership with the California Health
and Human Services Agency, to develop and release a plan to fully
implement the provisions of the bill by January 1, 2027, as specified.
This bill would require the California Health and Human Services
Agency to provide direction and oversight of the implementation and
administration of mental health crisis services accessible through 988,
through specified duties, including establishing standards for behavioral
health crisis services accessible through 988, seeking to maximize all
available federal funding sources for the purposes of 988
implementation, and coordinating with the Department of Insurance
to ensure efficient and timely reimbursement to counties for medically
necessary crisis intervention, mobile crisis, crisis stabilization, and
crisis residential services, among others. The bill would require the
agency to, no later than January 1, 2022, appoint a 988 crisis services
96
AB 988 — 3 —
director with specified experience to provide direction and oversight
of the implementation and administration of mental health crisis
services, and to issue an administrative claiming policy and procedure
letter in accordance for the local drawdown of federal reimbursement
for services provided by, and operations of, the 988 system, as specified.
This bill would require the California Health and Human Services
Agency to, beginning January 1, 2024, and annually thereafter, prepare
a report, as specified, and deliver it to the Legislature, the Substance
Abuse and Mental Health Services Administration, and the Federal
Communications Commission.
This bill would require county boards of supervisors to, no later than
July 1, 2022, appoint a 988 Local Planning Council, consisting of
specified individuals and entities, to implement the guidelines, standards,
and regulations established by the Office of Emergency Services and
the California Health and Human Services Agency for the coordination
of county behavioral health crisis services with 988 centers, emergency
medical services, law enforcement, cities, and when appropriate, other
specialty behavioral health warm lines and hotlines. The bill would
require the California Health and Human Services Agency to oversee
the local and regional planning and coordination of the 988 system by
the 988 Local Planning Council. The bill would require, no later than
January 1, 2023, the council to prepare and submit to the Office of
Emergency Services and the California Health and Human Services
Agency, a landscape analysis of existing local behavioral health crisis
services, and the state of coordination and integration of services with
National Suicide Prevention Lifeline Call Centers, and to, by January
1, 2026, submit a 988 Local Services Plan, as specified. Beginning
January 1, 2024, counties seeking to coordinate with 988 centers for
the deployment of mobile crisis teams would be required to submit a
supplemental 988 Local Services Plan, as provided.
This bill would require that those entities responsible for implementing
the 988 system shall ensure the system is designed and implemented to
ensure equitable access to services, as provided.
Existing law, the Emergency Telephone Users Surcharges Act,
generally imposes a surcharge on each access line for each month or
part thereof for which a service user subscribes with a service supplier,
at an amount no greater than $0.80, based on the Office of Emergency
Services’ estimate of the number of access lines to which the surcharge
will be applied per month for a calendar year period, that it estimates,
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— 4 — AB 988
pursuant to a specified formula, will produce sufficient revenue to fund
the current fiscal year’s 911 costs.
Existing law imposes a surcharge on the purchase of prepaid mobile
telephony services at the time of each retail transaction in this state, at
the rate equal to the monthly surcharge amount per access line, to be
paid by prepaid consumers and collected by sellers, as defined. Existing
law exempts certain lines from the surcharge, including lines supplying
lifeline service. Existing law requires the surcharge to be remitted to,
and administered by, the California Department of Tax and Fee
Administration, in accordance with specified provisions. Existing law
makes certain violations of the Emergency Telephone Users Surcharge
Act a crime.
Existing law requires amounts to be paid to the state pursuant to the
Emergency Telephone Users Surcharge Act to be deposited into the
State Emergency Telephone Number Account and that the amounts
deposited, upon appropriation by the Legislature, be spent solely for
specified purposes, including payment for the installation of, and
ongoing expenses for, a basic system.
This bill would create a separate surcharge, beginning January 1,
2022, on each access line for each month or part thereof for which a
service user subscribes with a service supplier, based on the Office of
Emergency Services’ estimate of 988 costs which would be calculated
in the same fashion as the office’s estimate of 911 charges, but in no
event would the surcharge amount in any month be greater than $0.80.
The bill would provide that the 988 surcharge for the years 2022 and
2023 is set at the same amount as the 911 surcharge. This bill would
make applicable relevant provisions of the Emergency Telephone Users
Surcharge Act to the 988 surcharge, as provided, including existing
surcharge exemptions. The bill would provide for specified costs to be
paid by the fees prior to distribution to the Office of Emergency Services.
The bill would make conforming changes in regard to the 988 surcharge.
This bill would create the 988 State Mental Health and Crisis Services
Special Fund and would require the fees to be deposited along with
other specified moneys into the fund. The bill would provide that the
funds be used, upon appropriation by the Legislature, for specified
purposes, in accordance with federal law and as prioritized, including
funding 988 crisis hotline centers and the operation of mobile crisis
teams. The bill would require counties to use funds made available
through the 988 State Mental Health and Crisis Services Special Fund
to expand access to mental health crisis services, as provided. The bill
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AB 988 — 5 —
would require the Office of Emergency Services to require an entity
seeking funds available through the 988 State Mental Health and Crisis
Services Special Fund to annually file an expenditure and outcomes
report containing specified information.
Existing law requires the Public Utilities Commission to publish
specified information on its internet website, including contract and
audit information.
This bill would require the Public Utilities Commission to publish
specified information on its internet website relevant to these provisions.
Existing law provides that a retail or wholesale service provider of
telecommunications service, or other service, involved in providing
9-1-1 service is liable for any civil claim, damage, or loss caused by
an act or omission in the design, development, installation, maintenance,
or provision of 9-1-1 service, as prescribed, and except as specified.
This bill would extend that provision to 9-8-8 services, as prescribed,
and except as specified.
By imposing new requirements on counties and by expanding the
scope of crimes imposed by the Emergency Telephone Users Surcharge
Act, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if
the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall be
made pursuant to the statutory provisions noted above.
This bill would declare that it is to take effect immediately as an
urgency statute.
Vote: majority 2⁄3. Appropriation: no. Fiscal committee: no yes.
State-mandated local program: no yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. (a) It is the intent of the Legislature to implement
line 2 the National Suicide Hotline Designation Act of 2020 by July 16,
line 3 2022, in compliance with the Federal Communication
line 4 Commission’s rules designating “988” as a three-digit number
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— 6 — AB 988
line 1 for the National Suicide Prevention Hotline to assure all persons
line 2 residing in and visiting the State of California have access to the
line 3 “988” suicide prevention and behavioral health crisis hotline and
line 4 care 24 hours a day, seven days a week.
line 5 (b) It is the intent of the Legislature that the 988 system in
line 6 California operate as an emergency suicidal and behavioral health
line 7 crisis system which provides compassionate, appropriate, and
line 8 easily-accessible care to reduce unnecessary hospitalizations and
line 9 arrests.
line 10 (c) It is the intent of the Legislature that the 988 system be
line 11 designed to provide individuals with the least restrictive care
line 12 necessary to stabilize an individual in crisis and to set them up for
line 13 success on their recovery and wellness journey.
line 14 (d) It is the intent of the Legislature that in order to provide the
line 15 most appropriate level of care that the 988 system provides a
line 16 continuum of crisis services, including high-quality crisis
line 17 counseling, in-person intervention by trained mental health
line 18 professionals as an alternative to law enforcement, and linking
line 19 individuals with crisis and ongoing services.
line 20 (e) It is the intent of the Legislature that in order to reduce
line 21 unnecessary hospitalizations and arrests, suicidal and behavioral
line 22 health crisis calls to 911 be transferred to 988 so that trained
line 23 mental health professionals respond to all suicidal and behavioral
line 24 health crises that are not criminal or medical in nature.
line 25 (f) It is the intent of the Legislature that the 988 system in
line 26 California reach full operability, including statewide 24 hours a
line 27 day, seven days a week mobile crisis teams, by January 1, 2027,
line 28 according to the following timeline:
line 29 (1) By July 16, 2022, the Congressionally established go-live
line 30 date for the 988 number nationwide, 988 centers will be designated
line 31 by the Office of Emergency Services and prepared to receive and
line 32 respond to the anticipated 30 percent rise in call volume. To ensure
line 33 the success of this transition, the Office of Emergency Services
line 34 and the California Health and Human Services Agency will provide
line 35 call centers with necessary technology, financing, and guidelines
line 36 by July 16, 2022.
line 37 (2) By January 1, 2024, the California Health and Human
line 38 Services Agency and the Office of Emergency Services will develop
line 39 a plan for the statewide coordination of 988, 911, and county
line 40 behavioral health crisis services, including mobile crisis teams.
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AB 988 — 7 —
line 1 The plan will be based on a landscape analysis of existing services
line 2 and describe how to expand, improve, and link services to fully
line 3 implement this act by January 1, 2027. Additionally, the plan will
line 4 outline intermediary steps for 988 centers coordinating the
line 5 deployment of existing mobile crisis teams prior to January 1,
line 6 2027.
line 7 (3) By January 1, 2027, the 988 system will be fully implemented
line 8 statewide and will function as an alternative suicidal and
line 9 behavioral health emergency response system.
line 10 SEC. 2. Section 1714.55 of the Civil Code is amended to read:
line 11 1714.55. (a) A retail or wholesale service provider of
line 12 telecommunications service, or other service, involved in providing
line 13 9-1-1 service in accordance with the Warren-911-Emergency
line 14 Assistance Act (Article 6 (commencing with Section 53100) of
line 15 Chapter 1 of Part 1 of Division 2 of Title 5 of the Government
line 16 Code), or 9-8-8 service in accordance with the Miles Hall Lifeline
line 17 and Suicide Prevention Act (Article 6.1 (commencing with Section
line 18 53123) of Chapter 1 of Part 1 of Division 2 of Title 5 of the
line 19 Government Code), shall not be liable for any civil claim, damage,
line 20 or loss caused by an act or omission in the design, development,
line 21 installation, maintenance, or provision of 9-1-1 or 9-8-8 service,
line 22 unless the act or omission that proximately caused the claim,
line 23 damage, or loss constituted gross negligence, wanton or willful
line 24 misconduct, or intentional misconduct.
line 25 (b) For purposes of this section:
line 26 (1) “Public safety agency” means a public safety agency as
line 27 defined in accordance with the Warren-911-Emergency Assistance
line 28 Act (Article 6 (commencing with Section 53100) of Chapter 1 of
line 29 Part 1 of Division 2 of Title 5 of the Government Code).
line 30 (2)
line 31 (1) “9-1-1 service” means a telecommunications service, or
line 32 other wireline or wireless service, that provides to the user of the
line 33 public telephone system the ability to reach a public safety agency
line 34 by utilizing the digits 9-1-1 or otherwise facilitates the provision
line 35 of emergency services pursuant to the Warren-911-Emergency
line 36 Assistance Act (Article 6 (commencing with Section 53100) of
line 37 Chapter 1 of Part 1 of Division 2 of Title 5 of the Government
line 38 Code). “9-1-1 service” includes a 9-1-1 service that utilizes in
line 39 whole or in part an Internet Protocol.
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— 8 — AB 988
line 1 (2) ”9-8-8 center” shall have the same meaning as defined in
line 2 Section 53123.1 of the Miles Hall Lifeline and Suicide Prevention
line 3 Act (Article 6.1 (commencing with Section 53123) of Chapter 1 of
line 4 Part 1 of Division 2 of Title 5 of the Government Code)
line 5 (3) “9-8-8 service” means a telecommunications service, or
line 6 other wireline or wireless service, that provides to the user of the
line 7 public telephone system the ability to reach a 9-8-8 center by
line 8 utilizing the digits 9-8-8 or otherwise facilitates the provision of
line 9 services pursuant to Miles Hall Lifeline and Suicide Prevention
line 10 Act (Article 6.1 (commencing with Section 53123) of Chapter 1 of
line 11 Part 1 of Division 2 of Title 5 of the Government Code). “9-8-8
line 12 service” includes a 9-8-8 service that utilizes in whole or in part
line 13 an Internet Protocol.
line 14 (4) “Behavioral health crisis services” shall have the same
line 15 meaning as defined in Section 53123.1 of the Miles Hall Lifeline
line 16 and Suicide Prevention Act (Article 6.1 (commencing with Section
line 17 53123) of Chapter 1 of Part 1 of Division 2 of Title 5 of the
line 18 Government Code).
line 19 (5) “Public safety agency” shall have the same meaning as
line 20 defined in Section 53102 of the Warren-911-Emergency Assistance
line 21 Act (Article 6 (commencing with Section 53100) of Chapter 1 of
line 22 Part 1 of Division 2 of Title 5 of the Government Code).
line 23 (c) This section shall not apply to services provided under tariff.
line 24 (d) This section shall not be construed to modify the liability
line 25 of a manufacturer, distributor, or other person arising from a claim,
line 26 damage, or loss, related to the operation or performance of an
line 27 end-user device that is not related to the provision of 9-1-1 service.
line 28 or 9-8-8 services.
line 29 SEC. 3. Article 6.1 (commencing with Section 53123) is added
line 30 to Chapter 1 of Part 1 of Division 2 of Title 5 of the Government
line 31 Code, to read:
line 32
line 33 Article 6.1. Miles Hall Lifeline and Suicide Prevention Act
line 34
line 35 53123. This article is known and may be cited as the “Miles
line 36 Hall Lifeline and Suicide Prevention Act.”
line 37 53123.1. (a) “988” means the three-digit phone number
line 38 designated by the Federal Communications Commission for the
line 39 purpose of connecting individuals experiencing a mental health
line 40 crisis with suicide prevention and mental health crisis counselors,
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AB 988 — 9 —
line 1 mobile crisis teams, and crisis receiving and stabilization services
line 2 and other behavioral health crisis services through the National
line 3 Suicide Prevention Lifeline Network.
line 4 (b) “988 Center” means a county or county contractor operated
line 5 center, operating on a county or regional basis and participating
line 6 in the National Suicide Prevention Lifeline Network to respond to
line 7 statewide or regional 988 calls.
line 8 (c) “988 Local Planning Council” means the regional or county
line 9 advisory body of designated stakeholders as defined in section
line 10 53123.6 working on a county or regional basis to plan, coordinate,
line 11 and oversee the dispatch or deployment of county behavioral health
line 12 crisis services and crisis receiving and stabilization services
line 13 accessible through 988.
line 14 (d) “Agency” shall mean the California Health and Human
line 15 Services Agency.
line 16 (e) “Behavioral health crisis services” means the continuum
line 17 of services to address crisis intervention, crisis stabilization, and
line 18 crisis residential treatment needs that are wellness, resiliency, and
line 19 recovery oriented. These include, but are not limited to, crisis
line 20 intervention, including counseling provided by 988 centers, mobile
line 21 crisis teams, and crisis receiving and stabilization services.
line 22 (f) “Mobile crisis team” means a jurisdiction-based behavioral
line 23 health team, as defined in the American Rescue Plan Act of 2021
line 24 (Section 1947(b)(2) of Public Law 117-2). Mobile crisis teams
line 25 provide onsite interventions including de-escalation, stabilization,
line 26 and referrals to behavioral health and other social services to
line 27 individuals who are experiencing a behavioral health crisis. mobile
line 28 crisis teams may include:
line 29 (1) Teams that include both medical professionals and a team
line 30 of behavioral health professionals that are embedded in emergency
line 31 medical services.
line 32 (2) Specialized teams that can provide coordinated care for
line 33 individuals experiencing chronic homelessness.
line 34 (g) “Coresponder teams” means a jurisdiction-based behavioral
line 35 health team in which a trained mental health professional and law
line 36 enforcement officer jointly respond to a suicidal or mental health
line 37 crisis. Coresponder mobile crisis teams shall include at least one
line 38 mental health professional and officers shall dress in plain clothes
line 39 and travel in unmarked vehicles.
96
— 10 — AB 988
line 1 (h) “Crisis receiving and stabilization services” means facilities
line 2 with capacity for diagnosis, initial management, observation, crisis
line 3 stabilization, and followup referral services. They include crisis
line 4 stabilization units, sobering centers, crisis residential treatment,
line 5 peer respite services, and services related to involuntary
line 6 commitments under the Lanterman-Petris-Short Act (Part 1
line 7 (commencing with Section 5000) of Division 5 of the Welfare and
line 8 Institutions Code).
line 9 (i) “National Suicide Prevention Lifeline” means the national
line 10 network of local crisis hotline centers that provide free and
line 11 confidential emergency support to people in suicidal crisis or
line 12 emotional distress 24 hours a day, 7 days a week via a toll-free
line 13 hotline number, which receives calls made through the 988 system.
line 14 The toll-free number is maintained by the Assistant Secretary for
line 15 Mental Health and Substance Use under Section 520E-3 of the
line 16 Public Health Service Act, Section 290bb-36c of Title 42 of the
line 17 United States Code (42 U.S.C. Sec. 290bb-36c).
line 18 (j) “Office” shall mean the Office of Emergency Services.
line 19 (k) “Substance Abuse and Mental Health Services
line 20 Administration” means that agency of the United States
line 21 Department of Health and Human Services.
line 22 (l) “Veterans Crisis Line” means the hotline which provides
line 23 crisis intervention to veterans and that is maintained by the
line 24 Secretary of Veterans Affairs under Section 1720F(h) of Title 38
line 25 of the United States Code (38 U.S.C. Sec. 1720F(h)).
line 26 53123.2. (a) By January 1, 2027, 988 centers shall provide a
line 27 person experiencing a behavioral health crisis access to a trained
line 28 counselor to address their immediate needs 24 hours a day, seven
line 29 days a week via call, text, and chat. Beginning July 16, 2022, these
line 30 services shall be provided by call.
line 31 (b) By January 1, 2027, 988 centers shall coordinate with the
line 32 relevant program or programs, as determined by the 988 Local
line 33 Planning Council, for the deployment of mental health crisis
line 34 services, including mobile crisis teams, and coordinate access to
line 35 crisis receiving and stabilization services, as follows:
line 36 (1) Mobile crisis teams shall respond to any individual in need
line 37 of immediate suicidal or behavioral health crisis intervention in
line 38 a timely manner in all jurisdictions 24 hours a day, seven days a
line 39 week.
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AB 988 — 11 —
line 1 (2) (A) Any call made to 911 pertaining to a clearly articulated
line 2 suicidal or behavioral health crisis shall be transferred to a 988
line 3 center unless both of the following conditions are met in which
line 4 case 988 and 911 operators shall coordinate the simultaneous
line 5 deployment of law enforcement, medical, or fire with mobile crisis
line 6 teams:
line 7 (i) Based on the information provided and known facts available
line 8 at the time of a call, a 911 operator has reason to believe there is
line 9 a medical emergency, someone is in immediate danger, other than
line 10 the suicidal person, the person is threatening others’ personal
line 11 safety, or there are reported conditions where law enforcement is
line 12 mandated to investigate a potential crime, or crimes, by federal
line 13 or state statute.
line 14 (ii) The situation cannot be reasonably managed without law
line 15 enforcement, medical, or fire assistance.
line 16 (B) Law enforcement, medical, or fire may only be deployed
line 17 independently if the simultaneous deployment of a mobile crisis
line 18 team would delay a timely response that a reasonable person would
line 19 believe will lead to personal injury or death.
line 20 (i) In the event that a law enforcement response is authorized
line 21 under subparagraph (A), any available coresponder team shall
line 22 respond or law enforcement shall be deployed simultaneously with
line 23 a mobile crisis team. If a coresponder team or a mobile crisis team
line 24 deployed with law enforcement is present, mental health
line 25 professionals shall have primary jurisdiction over the situation.
line 26 (ii) Only in the event that no coresponder team is available and
line 27 the simultaneous deployment of a mobile crisis team would delay
line 28 a timely response that a reasonable person would believe will lead
line 29 to personal injury or death may uniformed law enforcement officers
line 30 respond independently.
line 31 (iii) If law enforcement other than a coresponder team responds
line 32 independently to a suicidal or behavioral health crisis and it is
line 33 determined that none of the conditions in subparagraph (A) are
line 34 met, law enforcement shall request the response of a mobile crisis
line 35 team.
line 36 (c) The 988 centers shall provide follow-up services to
line 37 individuals accessing 988 consistent with guidance and policies
line 38 established by the National Suicide Prevention Lifeline and within
line 39 the timeframes established by all plan letters pursuant to Section
line 40 1374.73 of the Health and Safety Code.
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line 1 53123.3. The Office of Emergency Services, the California
line 2 Health and Human Services Agency, the 988 Local Planning
line 3 Council, and all other entities responsible for implementing the
line 4 988 system shall ensure the system is designed and implemented
line 5 to ensure equitable access to services regardless of an individual’s
line 6 race, ethnicity, gender, socioeconomic status, sexual orientation,
line 7 gender identity or expression, disability status, or geographic
line 8 location. This shall include meeting the unique needs of specific
line 9 populations, including all of the following:
line 10 (a) Populations at greater risk of suicide as identified by the
line 11 Substance Abuse and Mental Health Services Administration.
line 12 (b) Black, Hispanic, Latino, Asian, Pacific Islander, Native
line 13 American, Native Hawaiian, Alaska Native, and other underserved
line 14 communities, and the diverse communities and backgrounds within
line 15 these categories.
line 16 (c) Individuals experiencing homelessness, housing instability,
line 17 or who are at risk of experiencing homelessness in the future.
line 18 (d) Children and youth.
line 19 (e) Older adults.
line 20 (f) Individuals with disabilities.
line 21 (g) Lesbian, gay, bisexual, transgender, nonbinary, queer, and
line 22 questioning individuals.
line 23 (h) Immigrants and refugees.
line 24 (i) Individuals who are limited-English proficient.
line 25 (j) Low-income persons.
line 26 (k) Religious communities.
line 27 (l) Individuals who are incarcerated or those who have been
line 28 incarcerated.
line 29 (m) Veterans.
line 30 53123.4. (a) The Office of Emergency Services shall
line 31 implement, oversee, and enforce the provisions of this act related
line 32 to emergency communications system components and operations
line 33 of the 988 system. Duties shall include all of the following:
line 34 (1) Adopting regulations for the purposes of implementing this
line 35 act, which shall be regularly reviewed and updated.
line 36 (2) Developing technology that does both of the following:
line 37 (A) Is interoperable between and across crisis and emergency
line 38 response systems used throughout the state, including 911,
line 39 emergency services, behavioral health crisis services, and other
line 40 nonbehavioral health crisis services. This shall include ensuring
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AB 988 — 13 —
line 1 interoperability of phone calls, texts, chats, and other similar
line 2 capabilities consistent with the county’s implementation of Next
line 3 Generation 911 pursuant to Section 53121.
line 4 (B) Tracks bed and service availability to crisis responders and
line 5 individuals in crisis for all mental health bed types, such as crisis
line 6 stabilization, psychiatric inpatient, substance use disorder inpatient
line 7 treatment, withdrawal management, and peer crisis respite.
line 8 (3) Establishing training guidelines, in collaboration with the
line 9 California Health and Human Services Agency, for employees
line 10 involved in the implementation of 988 including 988 center staff,
line 11 911 operators, emergency medical services, law enforcement, and
line 12 firefighters. Training guidelines shall be written consistent with
line 13 Section 53123.3.
line 14 (b) The office, in partnership with the agency, shall hold
line 15 quarterly stakeholder convenings until December 31, 2026, to
line 16 provide input and guidance during, and following, the adoption
line 17 of regulations. Beginning January 1, 2027, the office shall hold
line 18 biannual stakeholder convenings. The convenings shall include,
line 19 but not be limited to, representatives from all of the following:
line 20 (1) Organizations representing behavioral health consumers
line 21 and peers who are receiving or have received mental health
line 22 services and their relatives.
line 23 (2) Behavioral health and disability rights advocates.
line 24 (3) Local governments, including county behavioral health
line 25 departments and California Indian tribes as defined in subdivision
line 26 (c) of Section 8012 of the Health and Safety Code.
line 27 (4) Mental health and suicide hotline centers.
line 28 (5) First responders, including law enforcement, emergency
line 29 medical services, fire, and 911 operators.
line 30 (c) The office may adopt emergency regulations implementing
line 31 this act by July 16, 2022. The office may readopt any emergency
line 32 regulation authorized by this section that is the same as or
line 33 substantially equivalent to an emergency regulation previously
line 34 adopted under this section.
line 35 (d) No later than January 1, 2022, the office shall do all of the
line 36 following:
line 37 (1) Appoint a 988 crisis hotline system director to implement
line 38 and oversee the administration coordinating emergency mental
line 39 health crisis response with emergency crisis lines.
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line 1 (2) (A) Determine the anticipated operating budget for the
line 2 fiscal years 2021–2022 and 2022–2023 pursuant to Section 41030
line 3 of the Revenue and Taxation Code. This budget shall be used to
line 4 establish the 988 surcharge rate under Section 41020 of the
line 5 Revenue and Taxation Code to be assessed on access lines and
line 6 prepaid lines beginning January 1, 2022.
line 7 (B) If the office determines that the anticipated operating budget
line 8 will exceed anticipated 988 surcharge revenue generated within
line 9 fiscal years 2021–22 and 2022–23, the office may seek an
line 10 emergency appropriation outside of the Budget Act of 2022. The
line 11 Director of Finance shall recommend an appropriation to provide
line 12 additional resources to the Office of Emergency Services for the
line 13 purposes of implementing the 988 system. The Director of Finance
line 14 shall not approve any augmentation unless the approval is made
line 15 in writing to the Chairperson of the Joint Legislative Budget
line 16 Committee and the chairpersons of the committees in each house
line 17 of the Legislature that considers appropriations not later than 30
line 18 days prior to the effective date of the approval, or not sooner than
line 19 whatever lesser time the chairperson of the joint committee, or
line 20 their designee, may determine. Additional funding shall be
line 21 available for encumbrance or expenditure until June 30, 2022.
line 22 (3) (A) Designate a 988 center or centers to provide crisis
line 23 intervention services and crisis care coordination to individuals
line 24 accessing 988. Each designated 988 center shall do both of the
line 25 following:
line 26 (i) Meet federal Substance Abuse and Mental Health Services
line 27 Administration requirements and national best practice guidelines
line 28 for operational and clinical standards, including training
line 29 requirements and policies for transferring callers to an appropriate
line 30 specialized center, or subnetworks, within or external to, the
line 31 National Suicide Prevention Lifeline network.
line 32 (ii) Maintain an active agreement with the administrator of the
line 33 National Suicide Prevention Lifeline for participation within the
line 34 network.
line 35 (B) Ensure that designated 988 centers utilize technology that
line 36 allows for transfers between 988 centers as well as between 988
line 37 centers and 911 public safety answering points beginning July 16,
line 38 2022.
line 39 (4) Appoint and convene the State 988 Technical Advisory
line 40 Board, which is, by this reference hereby established, for the
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AB 988 — 15 —
line 1 purposes of expediting the implementation of 988 prior to July 16,
line 2 2022.
line 3 (A) The board shall advise the office on all of the following:
line 4 (i) Developing policies, practices, and procedures for 988 system
line 5 communications.
line 6 (ii) Technical and operational standards for the California 988
line 7 system.
line 8 (iii) Initial budget, funding, and reimbursement decisions.
line 9 (B) The board shall be comprised of all of the following:
line 10 (i) Two representatives from National Suicide Prevention
line 11 Lifeline call centers.
line 12 (ii) Two County Behavioral Health Directors.
line 13 (iii) One regional representative from a 911 Public Safety
line 14 Answering Point from the Northern, Southern, Central, and Los
line 15 Angeles regions.
line 16 (iv) One 911 County Coordinator representative with significant
line 17 experience as a County Coordinator to ensure that the details of
line 18 receiving and transferring calls is represented.
line 19 (v) One representative from the California Highway Patrol
line 20 Communications Support Section.
line 21 (vi) Two representatives from secondary fire and emergency
line 22 medical services Public Safety Answering Points.
line 23 (vii) One police chief.
line 24 (viii) One sheriff.
line 25 (ix) One fire chief.
line 26 (x) One chief emergency medical services officer.
line 27 (xi) Two representatives on the recommendation of the
line 28 California Health and Human Services Agency.
line 29 (C) Board members shall not receive compensation for their
line 30 service on the board, but may be reimbursed for travel and per
line 31 diem for time spent in attending meetings of the board.
line 32 (D) The board shall begin meeting no later than January 30,
line 33 2022, and shall meet monthly through December 31, 2022, at
line 34 which point the advisory board may be disbanded by the office.
line 35 (E) The board shall meet in public sessions in accordance with
line 36 the Bagley-Keene Open Meeting Act (Article 9 (commencing with
line 37 Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2).
line 38 The board shall, at its first meeting, adopt bylaws and operating
line 39 procedures consistent with this article and establish committees
line 40 as necessary.
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line 1 (e) No later than October 31, 2023, the office, in partnership
line 2 with the California Health and Human Services Agency, shall
line 3 develop and release a plan to fully implement this act by January
line 4 1, 2027. This plan shall be informed by the local landscape
line 5 analyses provided by the 988 Local Planning Council pursuant to
line 6 Section 53123.5. The plan shall include guidelines to allow 988
line 7 centers to coordinate with counties for the deployment of existing
line 8 mobile crisis teams beginning January 1, 2024.
line 9 53123.5. (a) The California Health and Human Services
line 10 Agency shall provide direction and oversight of the implementation
line 11 and administration of mental health crisis services accessible
line 12 through 988. The duties of the agency shall include all of the
line 13 following:
line 14 (1) Establishing standards for behavioral health crisis services
line 15 accessible through 988.
line 16 (2) Seeking to maximize all available federal funding sources
line 17 for the purposes of 988 implementation, including federal Medicaid
line 18 reimbursement for services; federal Medicaid reimbursement for
line 19 administrative expenses, including the development and
line 20 maintenance of information technology to support the 988 system
line 21 and crisis services; and federal grants, including the funding of
line 22 mental health crisis services.
line 23 (3) Coordinating with the Department of Insurance to ensure
line 24 efficient and timely reimbursement to counties for medically
line 25 necessary crisis intervention, mobile crisis, crisis stabilization,
line 26 and crisis residential services by health care service plans and
line 27 disability insurers, pursuant to Section 1374.72 of the Health and
line 28 Safety Code and Section 10144.5 of the Insurance Code and
line 29 consistent with the requirements of the federal Mental Health
line 30 Parity and Addiction Equity Act of 2008 (29 U.S.C. 1189(a)). The
line 31 Department of Managed Health Care and the Department of
line 32 Insurance shall issue guidance and may adopt emergency
line 33 regulations relating to efficient and timely reimbursement to
line 34 counties. The departments may readopt any emergency regulation
line 35 authorized by this subdivision that is the same as or substantially
line 36 equivalent to an emergency regulation previously adopted under
line 37 this subdivision.
line 38 (4) Overseeing the local and regional planning and coordination
line 39 of the 988 system by the 988 Local Planning Council, including
line 40 approving the 988 Local Services Plans, pursuant to Section
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AB 988 — 17 —
line 1 53123.6. In consultation with the Office of Emergency Services,
line 2 the agency shall approve or deny a 988 Local Services Plan within
line 3 30 business days of receiving a completed proposal.
line 4 (5) Maintaining and evaluating data on the usage of, services
line 5 provided for, and outcomes from the 988 system.
line 6 (b) No later than January 1, 2022, the agency shall appoint a
line 7 988 crisis services director to provide direction and oversight of
line 8 the implementation and administration of mental health crisis
line 9 services. The director shall have experience in suicide prevention
line 10 and behavioral health crisis services, including coordination of
line 11 county and state mental health administrative services
line 12 organizations for the provision of mental health and substance
line 13 use disorder services.
line 14 (c) No later than January 1, 2022, the agency shall issue an
line 15 administrative claiming policy and procedure letter for the local
line 16 drawdown of federal reimbursement for services provided by and
line 17 operations of the 988 system, including any federal reimbursement
line 18 opportunities included in the American Rescue Plan Act of 2021
line 19 (Public Law 117-2).
line 20 (d) Beginning January 1, 2024, and annually thereafter, the
line 21 agency shall prepare a report and deliver it to the Legislature, the
line 22 Substance Abuse and Mental Health Services Administration, and
line 23 the Federal Communications Commission, in compliance with
line 24 Section 9795 and including information on all of the following:
line 25 (1) Data gathered pursuant to paragraph (4) of subdivision (a).
line 26 (2) Revenue generated by the 988 surcharge as reported by the
line 27 California Department of Tax and Fee Administration pursuant
line 28 to Section 41135 of the Revenue and Taxation Code.
line 29 (3) Deposits made to and expenditures from the Mental Health
line 30 and Crisis Services Special Fund as reported by the State Treasurer
line 31 per subdivision (e) of the Section 53123.7.
line 32 (4) The state of county behavioral health crisis services, how
line 33 funds from the Mental Health and Crisis Services Special Fund
line 34 are being used to support these services, and how additional funds
line 35 would be used to improve, create, or expand access to mental
line 36 health crisis services pursuant to paragraph (4) of subdivision (e)
line 37 of Section 53123.7.
line 38 53123.6. No later than July 1, 2022, each county board of
line 39 supervisors shall appoint a 988 Local Planning Council to
line 40 implement the guidelines, standards, and regulations established
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line 1 by the Office of Emergency Services and the Health and Human
line 2 Services Agency for the coordination of county behavioral health
line 3 crisis services with 988 centers, emergency medical services, law
line 4 enforcement, cities, and when appropriate, other specialty
line 5 behavioral health warm lines and hotlines.
line 6 (a) The council shall include, but not be limited to, the following:
line 7 (1) Organizations representing mental health consumers and
line 8 peers who are receiving or have received mental health services
line 9 and relatives of mental health consumers.
line 10 (2) The 988 center or centers.
line 11 (3) The County Behavioral Health Director or directors.
line 12 (4) Mental health and substance use disorder service providers,
line 13 including public service employees.
line 14 (5) First responders, including law enforcement, emergency
line 15 medical services, fire, and 911 operators.
line 16 (6) California Indian tribes, as defined in subdivision (c) of
line 17 Section 8012 of the Health and Safety Code.
line 18 (b) No later than January 1, 2023, the council shall prepare
line 19 and submit to the office and the agency a landscape analysis of
line 20 existing local behavioral health crisis services, including mobile
line 21 crisis teams and coresponse teams, and the state of coordination
line 22 and integration of services with National Suicide Prevention
line 23 Lifeline Call Centers, which may or may not be designated 988
line 24 centers.
line 25 (c) By January 1, 2026, the council shall prepare and submit
line 26 the 988 Local Services Plan outlining how the county or region
line 27 will implement the plan developed by the office and the agency.
line 28 (1) Beginning January 1, 2024, counties seeking to coordinate
line 29 with 988 centers for the deployment of mobile crisis teams, at the
line 30 discretion of the council, shall submit a supplemental 988 Local
line 31 Services Plan outlining a proposal for mobile crisis team
line 32 deployment to the agency and the office.
line 33 (2) In the event that the council cannot reach consensus on the
line 34 988 Local Services Plan, the local or regional planning shall be
line 35 completed by the agency.
line 36 53123.7. (a) The 988 State Mental Health and Crisis Services
line 37 Special Fund is hereby established in the State Treasury.
line 38 (b) The fund shall consist of all of the following:
line 39 (1) Revenue generated by the 988 surcharge assessed on users
line 40 under Section 41020 of the Revenue and Taxation Code.
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AB 988 — 19 —
line 1 (2) Appropriations made by the Legislature.
line 2 (3) Grants and gifts intended for deposit in the fund.
line 3 (4) Interest, premiums, gains, or other earnings on the fund.
line 4 (5) Money from any other source that is deposited in or
line 5 transferred to the fund.
line 6 (c) Notwithstanding Section 11754 of the Health and Safety
line 7 Code, federal funds payable directly to the state by the Substance
line 8 Abuse and Mental Health Services Administration to implement
line 9 988 may be made directly to the fund.
line 10 (d) Money in the fund is subject to all of the following:
line 11 (1) Money shall not revert at the end of any fiscal year and shall
line 12 remain available for the purposes of the fund in subsequent state
line 13 fiscal years.
line 14 (2) Money shall not be subject to transfer to any other fund or
line 15 to transfer, assignment, or reassignment for any other use or
line 16 purpose outside of those specified in this article.
line 17 (3) Money in the fund shall be available, upon appropriation
line 18 by the Legislature, for the purposes specified in this article.
line 19 (e) (1) All revenue generated by the 988 surcharge assessed
line 20 on users under Section 41020 of the Revenue and Taxation Code
line 21 shall only be expended on purposes authorized by the National
line 22 Suicide Hotline Designation Act of Section 251a(a)(2) of Title 47
line 23 of the United States Code (47 U.S.C. 251a(a)(2)).
line 24 (2) The revenue generated by the 988 surcharge shall be
line 25 prioritized to fund the following, in order of priority:
line 26 (A) The 988 centers, including the efficient and effective routing
line 27 of calls, personnel, and the provision of acute mental health
line 28 services through call, text, and chat to the 988 number.
line 29 (B) The operation of mobile crisis support teams.
line 30 (C) All other eligible expenses under the federal act.
line 31 (3) The revenue generated by the 988 surcharge shall be used
line 32 to supplement and not supplant federal, state, and local funding
line 33 for mobile crisis services and crisis receiving and stabilization
line 34 services as calculated in fiscal year 2019–2020.
line 35 (4) The revenue generated by the 988 surcharge may only be
line 36 used to fund service and operation expenses that are not
line 37 reimbursable through federal Medicaid match, Medicare, health
line 38 care service plans, or disability insurers.
line 39 (f) The Office of Emergency Services may adopt regulations
line 40 regarding the process for counties to receive funds.
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line 1 (g) The office shall require an entity seeking funds available
line 2 through the 988 State Mental Health and Crisis Services Special
line 3 Fund to annually file an expenditure and outcomes report with
line 4 information including, but not limited to, the following, as
line 5 applicable to each modality, including call center, mobile crisis
line 6 services, and crisis receiving and stabilization services:
line 7 (1) The total budget, by fund source.
line 8 (2) Number and job classification of personnel allocated to each
line 9 modality.
line 10 (3) The number of individuals served.
line 11 (4) The outcomes for individuals served.
line 12 (5) The health coverage status of individuals served, if known.
line 13 (6) The amount billed to and reimbursed by Medi-Cal or other
line 14 public and private health care service plans or insurers.
line 15 (7) Measures of system performance, including capacity, wait
line 16 time, and the ability to meet demand for services.
line 17 (h) The State Treasurer shall report annually to the office on
line 18 fund deposits and expenditures.
line 19 SEC. 4. Section 324.9 is added to the Public Utilities Code, to
line 20 read:
line 21 324.9. The California Public Utilities Commission shall publish
line 22 on its internet website relevant information regarding the Miles
line 23 Hall Lifeline and Suicide Prevention Act (Article 6.1 (commencing
line 24 with Section 53123) Chapter 1 of Part 1 of Division 2 of Title 5
line 25 of the Government Code) and Federal Communications
line 26 Commission and North American Numbering Plan Administrator
line 27 guidelines regarding 988 implementation, including customer
line 28 education and network modification.
line 29 SEC. 5. Section 41007.2 of the Revenue and Taxation Code is
line 30 amended to read:
line 31 41007.2. (a) “Wireline communications service” shall mean
line 32 a local exchange service provided at a physical location in this
line 33 state that allows the user to make an outbound communication to
line 34 the 911 emergency communications system. or 988 crisis hotline.
line 35 (b) For the purposes of the surcharge imposed by Chapter 2
line 36 (commencing with Section 41020):
line 37 (1) A wireline communications service access line does not
line 38 include a direct inward dialing number, extension, or other similar
line 39 feature that routes an inbound call and cannot provide access to
line 40 the 911 emergency communications system.
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AB 988 — 21 —
line 1 (2) The number of surcharges imposed shall not exceed the total
line 2 number of concurrent outbound calls that can be placed to the
line 3 emergency communications system at a single point of time.
line 4 (c) This definition shall apply only to this part.
line 5 (d) Commencing January 1, 2022, the definition shall include
line 6 a local exchange service provided at a physical location in this
line 7 state that allows the user to make an outbound communication to
line 8 the 988 crisis hotline as defined in the Miles Hall Lifeline and
line 9 Suicide Prevention Act (Article 6.1 (commencing with Section
line 10 53123) of Chapter 1 of Part 1 of Division 2 of Title 5 of the
line 11 Government Code).
line 12 SEC. 6. Section 41007.3 of the Revenue and Taxation Code is
line 13 amended to read:
line 14 41007.3. (a) “Wireless communications service line” shall
line 15 mean a telecommunications service provided to an end user with
line 16 a place of primary use in this state that allows the end user to make
line 17 an outbound communication to the 911 emergency communications
line 18 system. A wireless communications service line shall not include
line 19 prepaid mobile telephony service.
line 20 (b) For the purposes of the surcharge imposed by Chapter 2
line 21 (commencing with Section 41020), not more than one surcharge
line 22 may be imposed per wireless communications service line number
line 23 assigned to an end user of mobile telecommunications service.
line 24 (c) This definition shall apply only to this part.
line 25 (d) Commencing January 1, 2022, the definition shall include
line 26 a local exchange service provided at a physical location in this
line 27 state that allows the user to make an outbound communication to
line 28 the 988 crisis hotline as defined in the Miles Hall Lifeline and
line 29 Suicide Prevention Act (Article 6.1 (commencing with Section
line 30 53123) of Chapter 1 of Part 1 of Division 2 of Title 5 of the
line 31 Government Code).
line 32 SEC. 7. Section 41013 of the Revenue and Taxation Code is
line 33 amended to read:
line 34 41013. “Surcharge” means a tax or taxes levied by this state.
line 35 “Surcharge,” or “surcharges” as used in this part, refers to two
line 36 separate charges, one related to 911 service and one related to
line 37 988 service.
line 38 SEC. 8. The heading of Chapter 2 (commencing with Section
line 39 41020) of Part 20 of Division 2 of the Revenue and Taxation Code
line 40 is amended to read:
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line 1 Chapter 2. The Surcharge Surcharges
line 2
line 3 SEC. 9. The heading of Article 1 (commencing with Section
line 4 41020) of Chapter 2 of Part 20 of Division 2 of the Revenue and
line 5 Taxation Code is amended to read:
line 6
line 7 Article 1. Imposition of the SurchargeSurcharges
line 8
line 9 SEC. 10. Section 41020 of the Revenue and Taxation Code is
line 10 amended to read:
line 11 41020. (a) (1) (A) On and after January 1, 2020, a 911
line 12 surcharge is hereby imposed on each access line for each month
line 13 or part thereof for which a service user subscribes with a service
line 14 supplier, at an amount determined under Article 2 (commencing
line 15 with Section 41030). Beginning January 1, 2022, a separate 988
line 16 surcharge is hereby imposed on each access line for each month
line 17 or part thereof for which a service user subscribes with a service
line 18 supplier, at an amount determined under Article 2 (commencing
line 19 with Section 41030).
line 20 (B) The surcharge surcharges shall be paid by the service user
line 21 as hereinafter provided.
line 22 (2) On and after January 1, 2020, the purchase of prepaid mobile
line 23 telephony services in this state shall be subject to a surcharge set
line 24 forth under Article 2 (commencing with Section 41030). The
line 25 surcharge shall be paid by the prepaid consumer in accordance
line 26 with Section 41028 and remitted and administered in accordance
line 27 with this part. Beginning January 1, 2022, a separate 988
line 28 surcharge is hereby imposed on the purchase of prepaid mobile
line 29 telephony services, at an amount determined under Article 2
line 30 (commencing with Section 41030).
line 31 (b) The surcharge surcharges imposed shall not apply to either
line 32 of the following:
line 33 (1) In accordance with the Mobile Telecommunications Sourcing
line 34 Act (Public Law 106-252), which is incorporated herein by
line 35 reference, to any charges for mobile telecommunications services
line 36 billed to a customer where those services are provided, or deemed
line 37 provided, to a customer whose place of primary use is outside this
line 38 state. Mobile telecommunications services shall be deemed
line 39 provided by a customer’s home service provider to the customer
line 40 if those services are provided in a taxing jurisdiction to the
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AB 988 — 23 —
line 1 customer, and the charges for those services are billed by or for
line 2 the customer’s home service provider.
line 3 (2) To any charges for VoIP service billed to a customer where
line 4 those services are provided to a customer whose place of primary
line 5 use of VoIP service is outside this state.
line 6 (c) For purposes of this section:
line 7 (1) “Access line in this state” means a telephone line as defined
line 8 in Section 233 of the Public Utilities Code associated with a billing
line 9 address located in California.
line 10 (2) “Charges for mobile telecommunications services” means
line 11 any charge for, or associated with, the provision of commercial
line 12 mobile radio service, as defined in Section 20.3 of Title 47 of the
line 13 Code of Federal Regulations, as in effect on June 1, 1999, or any
line 14 charge for, or associated with, a service provided as an adjunct to
line 15 a commercial mobile radio service, that is billed to the customer
line 16 by or for the customer’s home service provider, regardless of
line 17 whether individual transmissions originate or terminate within the
line 18 licensed service area of the home service provider.
line 19 (3) “Customer” means (A) the person or entity that contracts
line 20 with the home service provider for mobile telecommunications
line 21 services, or with a VoIP service provider for VoIP service, or (B)
line 22 if the end user of mobile telecommunications services or VoIP
line 23 service is not the contracting party, the end user of the mobile
line 24 telecommunications service or VoIP service. This paragraph applies
line 25 only for the purpose of determining the place of primary use. The
line 26 term “customer” does not include (A) a reseller of mobile
line 27 telecommunications service or VoIP communication service, or
line 28 (B) a serving carrier under an arrangement to serve the mobile
line 29 customer outside the home service provider’s licensed service
line 30 area.
line 31 (4) “Home service provider” means the facilities-based carrier
line 32 or reseller with which the customer contracts for the provision of
line 33 mobile telecommunications services.
line 34 (5) “Licensed service area” means the geographic area in which
line 35 the home service provider is authorized by law or contract to
line 36 provide commercial mobile radio service to the customer.
line 37 (6) “Mobile telecommunications service” means commercial
line 38 mobile radio service, as defined in Section 20.3 of Title 47 of the
line 39 Code of Federal Regulations, as in effect on June 1, 1999.
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line 1 (7) “Place of primary use” means the street address
line 2 representative of where the customer’s use of the mobile
line 3 telecommunications service or VoIP service primarily occurs, that
line 4 must be:
line 5 (A) The residential street address or the primary business street
line 6 address of the customer.
line 7 (B) With respect to mobile telecommunications service, within
line 8 the licensed service area of the home service provider.
line 9 (8) (A) “Reseller” means a provider who purchases
line 10 telecommunications services or VoIP service from another
line 11 telecommunications service provider or VoIP service and then
line 12 resells the services, or uses the services as a component part of,
line 13 or integrates the purchased services into, a mobile
line 14 telecommunications service or VoIP service.
line 15 (B) “Reseller” does not include a serving carrier with which a
line 16 home service provider arranges for the services to its customers
line 17 outside the home service provider’s licensed service area.
line 18 (9) “Serving carrier” means a facilities-based carrier providing
line 19 mobile telecommunications service to a customer outside a home
line 20 service provider’s or reseller’s licensed area.
line 21 (10) “Taxing jurisdiction” means any of the several states, the
line 22 District of Columbia, or any territory or possession of the United
line 23 States, any municipality, city, county, township, parish,
line 24 transportation district, or assessment jurisdiction, or any other
line 25 political subdivision within the territorial limits of the United States
line 26 with the authority to impose a tax, charge, or fee.
line 27 (11) “VoIP service provider” means that provider of VoIP
line 28 service with whom the end user customer contracts for the
line 29 provision of VoIP services for the customer’s own use and not for
line 30 resale.
line 31 SEC. 11. Section 41021 of the Revenue and Taxation Code is
line 32 amended to read:
line 33 41021. (a) A service supplier shall collect the surcharge
line 34 surcharges from each service user at the time it collects its billings
line 35 from the service user, provided that the duty to collect the surcharge
line 36 from a service user shall commence with the beginning of the first
line 37 regular billing period applicable to that person which starts on or
line 38 after the operative date of the surcharge imposed by this part. If
line 39 the stations or lines of more than one service supplier are utilized
line 40 in furnishing the telephone communication services to the service
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AB 988 — 25 —
line 1 user, the service supplier that bills the customer shall collect the
line 2 surcharge from the customer.
line 3 (b) Only one payment under this part shall be required with
line 4 respect to the surcharge surcharges on a service, notwithstanding
line 5 that the lines or stations of one or more service suppliers are used
line 6 in furnishing that service.
line 7 SEC. 12. Section 41022 of the Revenue and Taxation Code is
line 8 amended to read:
line 9 41022. The surcharge surcharges required to be collected by
line 10 the service supplier shall be added to and stated separately in its
line 11 billings to the service user.
line 12 SEC. 13. Section 41023 of the Revenue and Taxation Code is
line 13 amended to read:
line 14 41023. The surcharge surcharges required to be collected by
line 15 the service supplier, and any amount unreturned to the service user
line 16 which is not a surcharge but was collected from the service user
line 17 as representing a surcharge, constitute debts owed by the service
line 18 supplier to this state.
line 19 A service supplier that has collected any amount of surcharge
line 20 surcharges in excess of the amount of surcharge surcharges
line 21 imposed by this part and actually due from a service user, may
line 22 refund such amount to the service user, even though such surcharge
line 23 amount has already been paid over to the board and no
line 24 corresponding credit or refund has yet been secured. Any service
line 25 supplier making a refund of any charge to a service user upon
line 26 which surcharge is collected under this part from the service user
line 27 may repay therewith the amount of the surcharge paid. The service
line 28 supplier may claim credit for such overpayment against the amount
line 29 of surcharge surcharges imposed by this part which is due upon
line 30 any other quarterly return, providing such credit is claimed in a
line 31 return dated no later than three years from the date of overpayment.
line 32 SEC. 14. Section 41024 of the Revenue and Taxation Code is
line 33 amended to read:
line 34 41024. Every service user in this state is liable for the surcharge
line 35 surcharges until it has been paid to this state, except that payment
line 36 to a service supplier registered under this part is sufficient to relieve
line 37 the user from further liability for the tax.
line 38 Any surcharge collected from a service user which has not been
line 39 remitted to the board shall be deemed a debt owed to the State of
line 40 California by the person required to collect and remit such
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line 1 surcharge. Nothing in this part shall impose any obligation upon
line 2 a service supplier to take any legal action to enforce the collection
line 3 of the utility users surcharge imposed by this part. The service
line 4 supplier shall provide the board with amounts uncollected which
line 5 total three dollars ($3) or more on a cumulative basis with respect
line 6 to a single service user along with the names, addresses and reasons
line 7 of the service users refusing to pay the surcharge surcharges
line 8 imposed by this part.
line 9 SEC. 15. Section 41026 of the Revenue and Taxation Code is
line 10 amended to read:
line 11 41026. In the payment of the surcharge surcharges imposed
line 12 by this part, a fractional part of a cent shall be disregarded unless
line 13 it amounts to one-half or more, in which case it shall be increased
line 14 to one cent.
line 15 SEC. 16. Section 41028 of the Revenue and Taxation Code is
line 16 amended to read:
line 17 41028. (a) (1) On and after January 1, 2020, the surcharge
line 18 amount amounts imposed by Section 41020 on the purchase of
line 19 prepaid mobile telephony services in this state shall be collected
line 20 by a seller from each prepaid consumer at the time of each retail
line 21 transaction in this state.
line 22 (2) The amount of the surcharge surcharges shall be separately
line 23 stated on an invoice, receipt, or other similar document that is
line 24 provided to the prepaid consumer of mobile telephony services by
line 25 the seller, or otherwise disclosed electronically to the prepaid
line 26 consumer, at the time of the retail transaction.
line 27 (b) (1) The surcharge surcharges that is required to be collected
line 28 by a seller and any amount unreturned to the prepaid consumer of
line 29 mobile telephony services that is not owed as part of the surcharge,
line 30 but was collected from the prepaid consumer under the
line 31 representation by the seller that it was owed as part of the
line 32 surcharge, constitutes debts owed by the seller to this state.
line 33 (2) A seller that has collected any amount of surcharge in excess
line 34 of the amount of the surcharge imposed by this part and actually
line 35 due from a prepaid consumer may refund that amount to the
line 36 prepaid consumer, even though the surcharge amount has already
line 37 been paid over to the department and no corresponding credit or
line 38 refund has yet been secured. Any seller making a refund of any
line 39 charge to a prepaid consumer may repay therewith the amount of
line 40 the surcharge paid. The seller may claim credit for such
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AB 988 — 27 —
line 1 overpayment against the amount of surcharge imposed by this part
line 2 which is due upon any other quarterly return, providing such credit
line 3 is claimed in a return dated no later than three years from the date
line 4 of overpayment.
line 5 (c) (1) Every prepaid consumer of prepaid mobile telephony
line 6 services in this state is liable for the surcharge surcharges until it
line 7 has been paid to this state, except that payment to a seller registered
line 8 under this part relieves the prepaid consumer from further liability
line 9 for the surcharge. surcharges. Any surcharge collected from a
line 10 prepaid consumer that has not been remitted to the department
line 11 shall be a debt owed to the state by the person required to collect
line 12 and remit the surcharge. Nothing in this part shall impose any
line 13 obligation upon a seller to take any legal action to enforce the
line 14 collection of the surcharge imposed by this section.
line 15 (2) A credit shall be allowed against, but shall not exceed, the
line 16 surcharge amount amounts imposed on any prepaid consumer of
line 17 mobile telephony services by this part to the extent that the prepaid
line 18 consumer has paid emergency telephone users charges on the
line 19 purchase to any other state, political subdivision thereof, or the
line 20 District of Columbia. The credit shall be apportioned to the charges
line 21 against which it is allowed in proportion to the amounts of those
line 22 charges.
line 23 (d) A seller is relieved from liability to collect the prepaid MTS
line 24 surcharge imposed by this part that became due and payable,
line 25 insofar as the base upon which the surcharge is imposed is
line 26 represented by accounts that have been found to be worthless and
line 27 charged off for income tax purposes by the seller or, if the seller
line 28 is not required to file income tax returns, charged off in accordance
line 29 with generally accepted accounting principles. A seller that has
line 30 previously paid the surcharge may, under rules and regulations
line 31 prescribed by the board, take as a deduction on its return the
line 32 amount found worthless and charged off by the seller. If any such
line 33 accounts are thereafter in whole or in part collected by the seller,
line 34 the amount so collected shall be included in the first return filed
line 35 after such collection and the surcharge shall be paid with the return.
line 36 (e) For purposes of this part, all of the following definitions
line 37 shall apply:
line 38 (1) “Prepaid consumer” means a person who purchases prepaid
line 39 mobile telephony services in a retail transaction.
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line 1 (2) “Retail transaction” means the purchase of prepaid mobile
line 2 telephony services, either alone or in combination with mobile
line 3 data or other services, from a seller for any purpose other than
line 4 resale in the regular course of business. For these purposes, a
line 5 “purchase” means any transfer of title or possession, exchange, or
line 6 barter, conditional or otherwise.
line 7 (3) “Seller” means a person that sells prepaid mobile telephony
line 8 service to a person in a retail transaction.
line 9 (f) For purposes of this section, a retail transaction occurs in
line 10 the state under any of the following circumstances:
line 11 (1) The prepaid consumer makes the retail transaction in person
line 12 at a business location in the state (point-of-sale transaction).
line 13 (2) If paragraph (1) is not applicable, the prepaid consumer’s
line 14 address is in the state (known-address transaction). A
line 15 known-address transaction occurs in the state under any of the
line 16 following circumstances:
line 17 (A) The retail sale involves shipping of an item to be delivered
line 18 to, or picked up by, the prepaid consumer at a location in the state.
line 19 (B) If the prepaid consumer’s address is known by the seller to
line 20 be in the state, including if the seller’s records maintained in the
line 21 ordinary course of business indicate that the prepaid consumer’s
line 22 address is in the state and the records are not made or kept in bad
line 23 faith.
line 24 (C) The prepaid consumer provides an address during
line 25 consummation of the retail transaction that is in the state, including
line 26 an address provided with respect to the payment instrument if no
line 27 other address is available and the address is not given in bad faith.
line 28 (3) If an address is not available to the seller to determine
line 29 whether any of the circumstances in paragraph (2) exist, the
line 30 transaction will be deemed to be a known-address transaction
line 31 occurring in this state if the mobile telephone number is associated
line 32 with a location in this state.
line 33 (g) The surcharge amounts imposed under this section shall be
line 34 remitted by every seller, except a service supplier, as prescribed
line 35 under Part 1 (commencing with Section 6001), along with a return
line 36 filed using electronic media. The department shall administer such
line 37 remittance and returns as prescribed under Part 1 (commencing
line 38 with Section 6001).
line 39 (h) The purchase in a retail transaction in this state of prepaid
line 40 mobile telephony services, either alone or in combination with
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AB 988 — 29 —
line 1 mobile data or other services, by a prepaid consumer is exempt
line 2 from the surcharge surcharges if all of the following apply:
line 3 (1) The prepaid consumer is certified as eligible for the state
line 4 lifeline program or federal lifeline program.
line 5 (2) The seller is authorized to provide lifeline service under the
line 6 state lifeline program or federal lifeline program.
line 7 (3) The exemption is applied only to the amount paid for the
line 8 portion of the prepaid mobile telephony service that the lifeline
line 9 program specifies is exempt from the surcharges and fees.
line 10 SEC. 17. The heading of Article 2 (commencing with Section
line 11 41030) of Chapter 2 of Part 20 of Division 2 of the Revenue and
line 12 Taxation Code is amended to read:
line 13
line 14 Article 2. Adjustment of Surcharge AmountAmounts
line 15
line 16 SEC. 18. Section 41030 of the Revenue and Taxation Code is
line 17 amended to read:
line 18 41030. (a) The Office of Emergency Services shall determine
line 19 annually, on or before October 1, to be effective on January 1 of
line 20 the following year, a surcharge amount pursuant to subdivision
line 21 (b) that it estimates will produce sufficient revenue to fund the
line 22 current fiscal year’s 911 and 988 costs.
line 23 (b) For determinations made that are applicable to the calendar
line 24 year beginning on January 1, 2020, and each calendar year
line 25 thereafter, the surcharge amount shall be determined annually by
line 26 dividing the costs, including incremental costs, the Office of
line 27 Emergency Services estimates for the current fiscal year 911 of
line 28 the following:
line 29 (1) The 911 costs approved pursuant to Article 6 (commencing
line 30 with Section 53100) of Chapter 1 of Part 1 of Division 2 of Title
line 31 5 of the Government Code, less the available balance in the State
line 32 Emergency Telephone Number Account in the General Fund, by
line 33 its estimate of the number of access lines to which the surcharge
line 34 will apply per month for the period of January 1 to December 31,
line 35 inclusive, of the next succeeding calendar year, but in no event
line 36 shall the surcharge amount in any month be greater than eighty
line 37 cents ($0.80) per access line per month.
line 38 (2) For the calendar years 2022 and 2023, the 988 surcharge
line 39 shall be set at the same amount as the 911 surcharge.
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line 1 (3) For the year beginning January 1, 2023, and each calendar
line 2 year thereafter, 988 costs approved pursuant to Article 6.1
line 3 (commencing with Section 53123) of Chapter 1 of Part 1 of
line 4 Division 2 of Title 5 of the Government Code, less the available
line 5 balance in the State Mental Health and Crisis Services Special
line 6 Fund, by its estimate of the number of access lines to which the
line 7 surcharge will apply per month for the period of January 1 to
line 8 December 31, inclusive, of the next succeeding calendar year, but
line 9 in no event shall the surcharge amount in any month be greater
line 10 than eighty cents ($0.80) per access line per month.
line 11 (c) When determining the surcharge amount pursuant to this
line 12 section, the office shall include the costs it expects to incur to plan,
line 13 test, implement, and operate Next Generation 911 technology and
line 14 services, including text to 911 service, and alerts and warnings,
line 15 consistent with the plan and timeline required by Section 53121
line 16 of the Government Code.
line 17 (d) (1) Service suppliers shall report the total number of access
line 18 lines to the Office of Emergency Services, on or before August 1,
line 19 for the previous period of January 1 to December 31, inclusive.
line 20 (2) The total number of access lines required to be reported in
line 21 paragraph (1) shall include all lines from the categories of wireline
line 22 communication service line, wireless communication service line,
line 23 prepaid mobile telephony service line, and VoIP service line. The
line 24 number of access line figures shall be reported individually for
line 25 these categories.
line 26 (e) The office shall perform a validation of the number of access
line 27 lines using subscription data or other comparable data collected
line 28 by appropriate federal or state agencies. This subscription data or
line 29 other comparable data shall be used to validate the access line data
line 30 required to be reported by service suppliers in subdivision (d).
line 31 (f) (1) The office shall notify the department of the surcharge
line 32 amount imposed under this part, determined pursuant to this section
line 33 on or before October 1 of each year.
line 34 (2) The surcharge imposed on the purchase of prepaid mobile
line 35 telephony services shall be equal to the amount set forth in
line 36 subdivision (b) for each retail transaction in this state.
line 37 (g) (1) At least 30 days prior to determining the surcharge
line 38 pursuant to subdivision (a), the Office of Emergency Services shall
line 39 prepare a summary of the calculation of the proposed surcharge
line 40 and make it available to the public, the Legislature, the 911
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AB 988 — 31 —
line 1 Advisory Board, Advisory Board, the Mental Health Services
line 2 Oversight and Accountability Commission, the State Department
line 3 of Public Health, and on its internet website.
line 4 (2) For determinations made on or before October 1, 2019, the
line 5 summary shall contain all of the following:
line 6 (A) The prior year revenues to fund 911 costs, including, but
line 7 not limited to, revenues from prepaid service.
line 8 (B) Projected expenses and revenues from all sources, including,
line 9 but not limited to, prepaid service to fund 911 costs.
line 10 (C) The rationale for adjustment to the surcharge determined
line 11 pursuant to subdivision (b), including, but not limited to, all
line 12 impacts from the surcharge collected pursuant to Part 21
line 13 (commencing with Section 42001).
line 14 (h) For purposes of this section, for the determination made by
line 15 the office on or before October 1, 2019, that is applicable for the
line 16 calendar year beginning on January 1, 2020, and ending on
line 17 December 31, 2020, the following definitions shall apply:
line 18 (1) “Service supplier” shall mean a person supplying an access
line 19 line to a service user in this state.
line 20 (2) “Service user” means any person that subscribes for the right
line 21 to utilize an access line in this state who is required to pay a
line 22 surcharge under the provisions of this part.
line 23 SEC. 19. Section 41031 of the Revenue and Taxation Code is
line 24 amended to read:
line 25 41031. The Office of Emergency Services shall make its
line 26 determination of the surcharge amount amounts each year no later
line 27 than October 1 and shall notify the department of the new amount,
line 28 amounts which shall be fixed by the department to be effective
line 29 with respect to access lines on or after January 1 of the next
line 30 succeeding calendar year.
line 31 SEC. 20. Section 41032 of the Revenue and Taxation Code is
line 32 amended to read:
line 33 41032. Immediately upon notification by the Office of
line 34 Emergency Services and fixing the surcharge amount, amounts
line 35 the department shall each year no later than November 15 publish
line 36 in its minutes the new amount, and it shall notify every service
line 37 supplier registered with it of the new amount by a means, or means
line 38 determined by the department, that may include, but is not limited
line 39 to, mail, electronic mail, or internet website postings.
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line 1 SEC. 21. Section 41046 of the Revenue and Taxation Code is
line 2 amended to read:
line 3 41046. (a) There are exempt from the surcharge surcharges
line 4 the following access lines and nonaccess line services:
line 5 (1) Those lines supplying lifeline service.
line 6 (2) Those lines connected to public telephones.
line 7 (3) Those lines for which no charges are billed by a service
line 8 supplier to a service user.
line 9 (b) This section shall become operative on January 1, 2020.
line 10 SEC. 22. Section 41050 of the Revenue and Taxation Code is
line 11 amended to read:
line 12 41050. The surcharge surcharges imposed by Section 41020
line 13 attaches attach at the time charges for the intrastate telephone
line 14 communication services and VoIP service are billed by the service
line 15 supplier to the service user and shall be paid by the service user
line 16 when paying for such services.
line 17 SEC. 23. Section 41098 of the Revenue and Taxation Code is
line 18 amended to read:
line 19 41098. (a) If the board finds that a person’s failure to make a
line 20 timely return or payment is due to the person’s reasonable reliance
line 21 on written advice from the board, the person may be relieved of
line 22 the surcharge surcharges imposed by this part and any penalty or
line 23 interest added thereto.
line 24 (b) For purposes of this section, a person’s failure to make a
line 25 timely return or payment shall be considered to be due to
line 26 reasonable reliance on written advice from the board, only if the
line 27 board finds that all of the following conditions are satisfied:
line 28 (1) The person requested in writing that the board advise him
line 29 or her them whether a particular activity or transaction is subject
line 30 to the surcharge under this part. The specific facts and
line 31 circumstances of the activity or transaction shall be fully described
line 32 in the request.
line 33 (2) The board responded in writing to the person regarding the
line 34 written request for advice, stating whether or not the described
line 35 activity or transaction is subject to the surcharge, surcharges, or
line 36 stating the conditions under which the activity or transaction is
line 37 subject to the surcharge. surcharges.
line 38 (3) The liability for surcharges applied to a particular activity
line 39 or transaction which occurred before either of the following:
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AB 988 — 33 —
line 1 (A) Before the board rescinded or modified the advice so given,
line 2 by sending written notice to the person of rescinded or modified
line 3 advice.
line 4 (B) Before a change in statutory or constitutional law, a change
line 5 in the board’s regulations, or a final decision of a court, which
line 6 renders the board’s earlier written advice no longer valid.
line 7 (c) Any person seeking relief under this section shall file with
line 8 the board all of the following:
line 9 (1) A copy of the person’s written request to the board and a
line 10 copy of the board’s written advice.
line 11 (2) A statement under penalty of perjury setting forth the facts
line 12 on which the claim for relief is based.
line 13 (3) Any other information which the board may require.
line 14 (d) Only the person making the written request shall be entitled
line 15 to rely on the board’s written advice to that person.
line 16 SEC. 24. Section 41100 of the Revenue and Taxation Code is
line 17 amended to read:
line 18 41100. If the department determines that any amount, penalty,
line 19 or interest has been paid more than once or has been erroneously
line 20 or illegally collected or computed, the department shall set forth
line 21 that fact in the records of the department, certify the amount
line 22 collected in excess of the amount legally due and the person from
line 23 whom it was collected or by whom paid, and credit the excess
line 24 amount collected or paid on any amounts then due and payable
line 25 from the person from whom the excess amount was collected or
line 26 by whom it was paid under this part, and the balance shall be
line 27 refunded to the person, or their successors, administrators, or
line 28 executors. Any proposed determination by the department pursuant
line 29 to this section with respect to an amount in excess of fifty thousand
line 30 dollars ($50,000) shall be available as a public record for at least
line 31 10 days prior to the effective date of that determination.
line 32 Any overpayment of the a surcharge by a service user to a service
line 33 supplier or seller who is required to collect the surcharge shall be
line 34 credited or refunded by the state to the service user. However, if
line 35 the service supplier or seller has paid the amount to the department
line 36 and establishes to the satisfaction of the department that it has not
line 37 collected the amount from the service user or has refunded the
line 38 amount to the service user, the overpayment may be credited or
line 39 refunded by the state to the service supplier.
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— 34 — AB 988
line 1 SEC. 25. Section 41128 of the Revenue and Taxation Code is
line 2 amended to read:
line 3 41128. The board shall enforce the provisions of this part and
line 4 may prescribe, adopt, and enforce rules and regulations relating
line 5 to the administration and enforcement of this part. The board shall
line 6 not prescribe, adopt or enforce any rule or regulation which has
line 7 the effect, directly or indirectly, of altering the terms and conditions
line 8 of service of a service supplier serving the general public, other
line 9 than the imposition of the surcharge. surcharges.
line 10 SEC. 26. Section 41135 of the Revenue and Taxation Code is
line 11 amended to read:
line 12 41135. (a) All amounts required to be paid to the state under
line 13 this part shall be paid to the department in the form of remittances
line 14 payable to the California Department of Tax and Fee
line 15 Administration. The department shall transmit the payments to the
line 16 State Treasurer to be deposited in the State Treasury to either the
line 17 credit of the State Emergency Telephone Number Account in the
line 18 General Fund, which is hereby created. Fund, or the 988 State
line 19 Mental Health and Crisis Services Special Fund depending on the
line 20 apportionment of the surcharge arising from the 911 emergency
line 21 communication system or the 988 crisis hotline.
line 22 (b) The department, in consultation with the Office of Emergency
line 23 Services, may adopt regulations to implement the apportionment
line 24 of the surcharge.
line 25 (c) The department shall submit an annual report to the Office
line 26 of Emergency Services on revenue generated by the 988 surcharge.
line 27 SEC. 27. Section 41136 of the Revenue and Taxation Code is
line 28 amended to read:
line 29 41136. (a) From the funds in the State Emergency Telephone
line 30 Number Account, all amounts of the surcharge collected shall,
line 31 when appropriated by the Legislature, be spent solely for the
line 32 following purposes:
line 33 (a)
line 34 (1) To pay refunds authorized by this part.
line 35 (b)
line 36 (2) To pay the department for the cost of the administration of
line 37 this part.
line 38 (c)
line 39 (3) To pay the Office of Emergency Services for its costs in
line 40 administration of the “911” emergency telephone number system.
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AB 988 — 35 —
line 1 (d)
line 2 (4) To pay bills submitted to the Office of Emergency Services
line 3 by service suppliers or communications equipment companies for
line 4 the installation of, and ongoing expenses for, the following
line 5 communications services supplied to local agencies in connection
line 6 with the “911” emergency phone number system:
line 7 (1)
line 8 (A) A basic system, defined as 911 systems, including, but not
line 9 limited to, Next Generation 911, and the subsequent technologies,
line 10 and interfaces needed to deliver 911 voice and data information
line 11 from the 911 caller to the emergency responder and the subsequent
line 12 technologies, and interfaces needed to send information, including,
line 13 but not limited to, alerts and warnings, to potential 911 callers.
line 14 (2)
line 15 (B) A basic system with telephone central office identification.
line 16 (3)
line 17 (C) A system employing automatic call routing.
line 18 (4)
line 19 (D) Approved incremental costs.
line 20 (e)
line 21 (5) To pay claims of local agencies for approved incremental
line 22 costs, not previously compensated for by another governmental
line 23 agency.
line 24 (f)
line 25 (6) To pay claims of local agencies for incremental costs and
line 26 amounts, not previously compensated for by another governmental
line 27 agency, incurred prior to the effective date of this part, for the
line 28 installation and ongoing expenses for the following communication
line 29 services supplied in connection with the “911” emergency
line 30 telephone number system:
line 31 (1)
line 32 (A) A basic system, defined as 911 systems, including, but not
line 33 limited to, Next Generation 911, and the subsequent technologies,
line 34 and interfaces needed to deliver 911 voice and data information
line 35 from the 911 caller to the emergency responder and the subsequent
line 36 technologies, and interfaces needed to send information, including,
line 37 but not limited to, alerts and warnings, to potential 911 callers.
line 38 (2)
line 39 (B) A basic system with telephone central office identification.
line 40 (3)
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line 1 (C) A system employing automatic call routing.
line 2 (4)
line 3 (D) Approved incremental costs. Incremental costs shall not be
line 4 allowed unless the costs are concurred in by the Office of
line 5 Emergency Services.
line 6 (b) (1) From the funds in the 988 State Mental Health and
line 7 Crisis Services Special Fund, all amounts of the 988 surcharge
line 8 collected shall be spent for purposes identified in Section 53123.7
line 9 of the Government Code. However, before funds are disbursed as
line 10 provide in Section 53123.7 of the Government Code, funds shall
line 11 be used for all of the following:
line 12 (A) To pay refunds authorized by this part.
line 13 (B) To pay the department for the cost of the administration of
line 14 this part.
line 15 (C) To pay the Office of Emergency Services for its costs in
line 16 administration of the 988 crisis hotline.
line 17 (2) The remainder of the revenue shall be disbursed to the Office
line 18 of Emergency Services for the purposes identified in Section
line 19 53123.7 of the Government Code.
line 20 SEC. 28. Section 41150 of the Revenue and Taxation Code is
line 21 amended to read:
line 22 41150. (a) The Legislature hereby declares and finds that to
line 23 enable public agencies to implement “911” emergency phone
line 24 systems required by the provisions of Chapter 1005 of the 1972
line 25 Regular Session (Article 6 (commencing with Section 53100) of
line 26 Chapter 1 of Part 1 of Division 2 of Title 5 of the Government
line 27 Code) it is necessary that a surcharge be imposed upon access lines
line 28 purchased by every person in the state for access to the 911
line 29 emergency communication system. This act will provide funding
line 30 for basic 911, as defined in Section 41136, and the technology and
line 31 interfaces needed to deliver 911 voice and data information from
line 32 the 911 caller to the emergency responder and the subsequent
line 33 technologies, and interfaces needed to send information, including,
line 34 but not limited to, alerts and warnings, to potential 911 callers. In
line 35 addition, this part will provide funding for incremental costs.
line 36 (b) The Legislature hereby finds and declares that to enable
line 37 public agencies to implement the 988 hotline required by the
line 38 provisions of the Miles Hall Lifeline and Suicide Prevention Act
line 39 (Article 6.1 (commencing with Section 53123) of Chapter 1 of Part
line 40 1 of Division 2 of Title 5 of the Government Code) it is necessary
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AB 988 — 37 —
line 1 that a surcharge be imposed upon access lines purchased by every
line 2 person in the state for access to the 988 crisis hotline. This act, as
line 3 amended by the act adding this subdivision, will provide funding,
line 4 in part, for 988 centers operated by counties and mobile crisis
line 5 teams and crisis receiving and stabilization services.
line 6 SEC. 29. No reimbursement is required by this act pursuant
line 7 to Section 6 of Article XIII B of the California Constitution for
line 8 certain costs that may be incurred by a local agency or school
line 9 district because, in that regard, this act creates a new crime or
line 10 infraction, eliminates a crime or infraction, or changes the penalty
line 11 for a crime or infraction, within the meaning of Section 17556 of
line 12 the Government Code, or changes the definition of a crime within
line 13 the meaning of Section 6 of Article XIII B of the California
line 14 Constitution.
line 15 However, if the Commission on State Mandates determines that
line 16 this act contains other costs mandated by the state, reimbursement
line 17 to local agencies and school districts for those costs shall be made
line 18 pursuant to Part 7 (commencing with Section 17500) of Division
line 19 4 of Title 2 of the Government Code.
line 20 SEC. 30. This act is an urgency statute necessary for the
line 21 immediate preservation of the public peace, health, or safety within
line 22 the meaning of Article IV of the California Constitution and shall
line 23 go into immediate effect. The facts constituting the necessity are:
line 24 The national 988 system will be fully operationalized on July
line 25 16, 2022, by which point California must establish the means to
line 26 answer and respond to calls. Given the Office of Emergency
line 27 Services, counties, and 988 crisis hotline centers must implement
line 28 this act within less than one year of its passage, it is necessary for
line 29 this act to take immediate effect.
line 30 SECTION 1. It is the intent of the Legislature to enact
line 31 legislation to implement the National Suicide Hotline Designation
line 32 Act of 2020, in compliance with the Federal Communication
line 33 Commission’s rules adopted by July 16, 2022, designating “988”
line 34 as a three-digit number for the National Suicide Prevention Hotline.
O
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california legislature—2021–22 regular session
ASSEMBLY BILL No. 1737
Introduced by Assembly Member Holden
January 31, 2022
An act to amend Sections 18897, 18897.1, 18897.2, 18897.3, 18897.4,
and 18897.7 of, to add Division 40 (commencing with Section 60000)
to, and to repeal Section 18897.6 of, the Health and Safety Code, to
amend Section 1182.4 of the Labor Code, and to amend Section 11165.7
of the Penal Code, relating to children’s camps.
legislative counsel’s digest
AB 1737, as introduced, Holden. Children’s camps: local registration
and inspections.
Existing law requires the State Public Health Officer to establish rules
and regulations establishing minimum standards for organized camps.
Existing law requires the State Fire Marshal to adopt minimum fire
safety regulations for organized camps. Existing law requires local
health officers to enforce building standards relating to organized camps
and the other rules and regulations adopted by the State Public Health
Officer. Existing law defines “organized camp,” for these purposes, as
a site with a program and facilities established for the primary purposes
of providing an outdoor group living experience with social, spiritual,
educational, or recreational objectives, for 5 days or more during one
or more seasons of the year, except as specified. Existing law requires
the Director of Public Health to consider the Camp Standards of the
American Camping Association when adopting rules and regulations
pursuant to these provisions.
This bill would make these provisions applicable to “children’s
camps” instead of organized camps and would define “children’s camp”
99
as a camp that offers daytime or overnight experiences administered
by professional adults who provide social, cultural, educational,
recreational, or artistic programming to more than 5 children between
3 and 17 years of age for 5 days or longer during at least one season,
except as specified. The bill would make other conforming changes in
this regard. The bill would also delete the requirement for the Director
of Public Health to consider the Camp Standards of the American
Camping Association when adopting rules and regulations.
This bill would require the operator of a children’s camp to annually
register with the local agency of the jurisdiction where the children’s
camp is located at least 90 days before commencing operations. The
bill would require each local agency to develop a registration form for
a children’s camp to file with the local agency that includes specified
information, including the name and location of the camp and the name
and contact information of the camp operator and camp director. The
bill would authorize each local agency to charge a registration fee that
does not exceed the reasonable costs incurred by the local agency to
register and inspect the children’s camps in its jurisdiction.
This bill would require each local agency to make at least one
unannounced inspection and one scheduled inspection of each children’s
camp within its jurisdiction during the calendar year and to make
additional inspections in specified circumstances. If the local agency
identifies any violation of these provisions during an inspection, the
bill would require the local agency to issue a notice to correct the
violation to the camp operator and the camp director. The bill would
require the children’s camp to post the cited violation on the premises
of the camp until mitigation of the violation has been confirmed by the
local agency. The bill would require the local agency to conduct a
followup inspection to confirm the mitigation of a cited violation. The
bill would require the local agency to maintain all records of children’s
camp inspections and make the records available for public inspection.
By creating new duties for a local agency in the administration of
children’s camps, the bill would impose a state-mandated local program.
This bill would require each children’s camp to develop and maintain
an operating plan that includes specified information, including, but
not limited to, the camp’s admission policy, proposed operating hours,
proposed fee schedule, health and safety policies, and discipline policies.
The bill would require each children’s camp to develop and maintain
an emergency action plan that contains procedures to address emergency
situations, including, but not limited to, natural disasters, lost campers,
99
— 2 — AB 1737
fires, severe illnesses and injuries, and active shooters. The bill would
require all camp staff to be trained in implementation of the operating
plan and emergency action plan.
This bill would require a camp operator or camp director to check
the background and character of each prospective camp staffer or
counselor, regardless of age, on an annual basis through character
references, background checks, and a sex offender registry information
check. The bill would require each children’s camp to ensure that a
full-time adult health supervisor, as defined, is available on the premises
of the children’s camp whenever campers are present. The bill would
require a camp operator, camp director, and all camp staff to complete
training in child abuse and neglect identification and training in child
abuse and neglect reporting, as specified.
This bill would require each local agency that registers a children’s
camp pursuant to these provisions to submit an annual report to the
State Department of Public Health that contains specified information,
including the names of the children’s camps in its jurisdiction, the
number of attending campers, and any violations cited by the local
agency. The bill would require the State Department of Public Health
to develop and maintain a public database on its internet website that
contains all the information submitted by local agencies and an annual
summary, as specified.
Existing law provides that a student employee, camp counselor, or
program counselor of an organized camp is not subject to a minimum
wage or maximum hour order if the employee receives a weekly salary
of at least 85% of the minimum wage for a 40-hour week, as specified.
This bill would instead apply these provisions to a student employee,
camp counselor, or program counselor of a children’s camp.
Existing law requires a mandated reporter to report whenever they,
in their professional capacity or within the scope of their employment,
have knowledge of or observed a child who the mandated reporter
knows or reasonably suspects has been the victim of child abuse or
neglect. Under existing law, failure by a mandated reporter to report an
incident of known or reasonably suspected child abuse or neglect is a
misdemeanor punishable by up to 6 months of confinement in a county
jail, by a fine of $1,000, or by both that imprisonment and fine. Existing
law includes an administrator of a public or private day camp as a
mandated reporter.
This bill would instead make an administrator or a full-time employee
of a children’s camp a mandated reporter. By expanding the scope of
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AB 1737 — 3 —
individuals classified as mandated reporters, the bill would expand the
scope of a crime and 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.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the
Commission on State Mandates determines that the bill contains costs
so mandated by the state, reimbursement for those costs shall be made
pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 18897 of the Health and Safety Code is
line 2 amended to read:
line 3 18897. (a) “Organized camp” means a site with program and
line 4 facilities established for the primary purposes of providing an
line 5 outdoor group living experience with social, spiritual, educational,
line 6 or recreational objectives, for five days or more during one or more
line 7 seasons of the year.
line 8 18897. (a) “Children’s camp” means a camp that offers
line 9 daytime or overnight experiences administered by professional
line 10 adults who provide social, cultural, educational, recreational, or
line 11 artistic programming to more than five children between 3 and 17
line 12 years of age for five days or longer during at least one season.
line 13 (b) The term “organized “children’s camp” does not include a
line 14 motel, tourist camp, trailer park, resort, hunting camp, auto court,
line 15 labor camp, penal or correctional camp and does not include a
line 16 child care childcare institution or home-finding agency.
line 17 (c) The term “organized “children’s camp” also does not include
line 18 any charitable or recreational organization that complies with the
line 19 rules and regulations for recreational trailer parks.
line 20 SEC. 2. Section 18897.1 of the Health and Safety Code is
line 21 amended to read:
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— 4 — AB 1737
line 1 18897.1. “Camper” means any person in an organized a
line 2 children’s camp on a fee or nonfee basis who is a participant in
line 3 the regular program and training of an organized a children’s camp,
line 4 and who may take on duties relating to such that program and
line 5 training.
line 6 SEC. 3. Section 18897.2 of the Health and Safety Code is
line 7 amended to read:
line 8 18897.2. (a) Except as provided in Section 18930, the Director
line 9 of Public Health shall adopt, in accordance with the provisions of
line 10 Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
line 11 3 of Title 2 of the Government Code, rules and regulations
line 12 establishing minimum standards for organized children’s camps
line 13 and regulating the operation of organized children’s camps that
line 14 the director determines are necessary to protect the health and
line 15 safety of the campers. Organized Children’s camps also shall
line 16 comply with the building standards of the jurisdiction in which
line 17 the camp is located, to the extent that those standards are not
line 18 contrary to, or inconsistent with, the building standards adopted
line 19 by the Director of Public Health. The Director of Public Health
line 20 shall adopt and submit building standards for approval pursuant
line 21 to Chapter 4 (commencing with Section 18935) of Part 2.5 for the
line 22 purposes described in this section. The State Department of Public
line 23 Health shall enforce building standards published in the State
line 24 Building Standards Code relating to organized children’s camps
line 25 and such other rules and regulations adopted by such director
line 26 pursuant to the provisions of this section as the director determines
line 27 are necessary to protect the health and safety of campers. In
line 28 adopting building standards for approval pursuant to Chapter 4
line 29 (commencing with Section 18935) of Part 2.5 and in adopting such
line 30 other rules and regulations pursuant to the provisions of this
line 31 section, the Director of Public Health shall consider the Camp
line 32 Standards of the American Camping Association.
line 33 (b) The Director of Public Health shall adopt and submit
line 34 building standards for approval pursuant to Chapter 4 (commencing
line 35 with Section 18935) of Part 2.5 and shall adopt such other rules
line 36 and regulations pursuant to the provisions of this section
line 37 establishing minimum standards for intermittent short-term
line 38 organized camps operated by a city or a county as the director
line 39 deems necessary to protect the health and safety of campers. For
line 40 purposes of this subdivision, “intermittent short-term organized
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AB 1737 — 5 —
line 1 camps” means a site for camping by any group of people for a
line 2 period of not more than 72 consecutive hours for that group.
line 3 SEC. 4. Section 18897.3 of the Health and Safety Code is
line 4 amended to read:
line 5 18897.3. Except as provided in Section 18930, the State Fire
line 6 Marshal shall adopt minimum fire safety regulations for organized
line 7 children’s camps in accordance with the provisions of Chapter 3.5
line 8 (commencing with Section 11340) of Part 1 of Division 3 of Title
line 9 2 of the Government Code. The State Fire Marshal shall adopt and
line 10 submit building standards for approval pursuant to Chapter 4
line 11 (commencing with Section 18935) of Part 2.5 of this division for
line 12 the purposes described in this section.
line 13 SEC. 5. Section 18897.4 of the Health and Safety Code is
line 14 amended to read:
line 15 18897.4. Every local health officer shall enforce within his or
line 16 her their jurisdiction the building standards published in the State
line 17 Building Standards Code relating to organized children’s camps
line 18 and the other rules and regulations adopted by the Director of
line 19 Public Health pursuant to Section 18897.2.
line 20 SEC. 6. Section 18897.6 of the Health and Safety Code is
line 21 repealed.
line 22 18897.6. Organized camps shall not be subject to regulation
line 23 by any state agency other than the State Department of Public
line 24 Health, California regional water quality control boards, the State
line 25 Water Resources Control Board, and the State Fire Marshal;
line 26 provided, that this section shall not affect the authority of the
line 27 Department of Industrial Relations to regulate the wages or hours
line 28 of employees of organized camps and this section shall not be
line 29 construed to limit the application of building standards published
line 30 in the State Building Standards Code to structures in organized
line 31 camps.
line 32 SEC. 7. Section 18897.7 of the Health and Safety Code is
line 33 amended to read:
line 34 18897.7. No organized A children’s camp shall not be operated
line 35 in this state unless each site or location in which the camp operates
line 36 satisfies the minimum standards for organized children’s camps
line 37 prescribed in building standards published in the State Building
line 38 Standards Code relating to organized children’s camps, and in
line 39 other rules and regulations adopted by the Director of Public Health
line 40 and the State Fire Marshal. Any violation of this section or of any
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line 1 building standard published in the State Building Standards Code
line 2 relating to organized children’s camps or any other rule or
line 3 regulation adopted pursuant to Section 18897.2 or 18897.3 in the
line 4 operation of organized children’s camps is a misdemeanor.
line 5 SEC. 8. Division 40 (commencing with Section 60000) is added
line 6 to the Health and Safety Code, to read:
line 7
line 8 DIVISION 40. LOCAL REGULATION OF CHILDREN’S
line 9 CAMPS
line 10
line 11 60000. For purposes of this chapter:
line 12 (a) “Camp director” means a person who is responsible for
line 13 day-to-day decisionmaking and supervision of children’s camp
line 14 programs and staff.
line 15 (b) “Camp operator” means an individual, partnership, joint
line 16 venture, or organization that owns, leases, rents, or operates a
line 17 children’s camp, or an individual, partnership, or joint venture that
line 18 has care, charge, or control of a children’s camp.
line 19 (c) (1) “Children’s camp” means a camp that offers daytime
line 20 or overnight experiences administered by professional adults who
line 21 provide social, cultural, educational, recreational, or artistic
line 22 programming to more than five children between 3 and 17 years
line 23 of age for five days or longer during at least one season.
line 24 (2) The term “children’s camp” does not include a motel, tourist
line 25 camp, trailer park, resort, hunting camp, auto court, labor camp,
line 26 or penal or correctional camp, and does not include a childcare
line 27 institution or home-finding agency.
line 28 (3) The term “children’s camp” also does not include any
line 29 charitable or recreational organization that complies with the rules
line 30 and regulations for recreational trailer parks.
line 31 (d) “CPR certification” means pediatric cardiopulmonary
line 32 resuscitation certification, including automated external
line 33 defibrillator certification, issued by the American Red Cross,
line 34 American Heart Association, or an equivalent program approved
line 35 by the Emergency Medical Services Authority under Section
line 36 1797.191. A certification shall be valid as specified by the provider,
line 37 but shall not exceed one year from the date of course completion.
line 38 (e) “Health supervisor” means a person who is any of the
line 39 following:
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line 1 (1) A person who obtained the training required under Section
line 2 1596.866.
line 3 (2) A physician and surgeon licensed pursuant to Chapter 5
line 4 (commencing with Section 2000) of Division 2 of the Business
line 5 and Professions Code.
line 6 (3) A registered nurse licensed pursuant to Chapter 6
line 7 (commencing with Section 2700) of Division 2 of the Business
line 8 and Professions Code.
line 9 (4) A licensed vocational nurse who is licensed pursuant to
line 10 Chapter 6.5 (commencing with Section 2840) of Division 2 of the
line 11 Business and Professions Code.
line 12 (f) “Local agency” means a city, county, or city and county.
line 13 60001. (a) The operator of a children’s camp shall annually
line 14 register with the local agency of the jurisdiction where the
line 15 children’s camp is located at least 90 days before commencing
line 16 operations.
line 17 (b) Each local agency shall develop a form for an operator to
line 18 submit to the local agency that documents all of the following
line 19 information:
line 20 (1) The name and contact information of the camp operator.
line 21 (2) The name and location of the children’s camp.
line 22 (3) The name and contact information of the camp director.
line 23 (4) The name and contact information of the health supervisor
line 24 required pursuant to Section 60003.
line 25 (5) The dates that the children’s camp proposes to operate during
line 26 the calendar year.
line 27 (6) The total number of campers expected to attend.
line 28 (7) The total number of full-time staff.
line 29 (8) The total number of seasonal counselors.
line 30 (9) Whether the children’s camp offers any of the following
line 31 activities:
line 32 (A) Contact sports.
line 33 (B) Motorsports.
line 34 (C) Rock climbing.
line 35 (D) Weaponry, including rifle ranges or archery.
line 36 (E) Aquatic activities.
line 37 (F) Ziplines or high-wire ropes.
line 38 (G) Horseback riding.
line 39 (10) Any other information deemed relevant by the local agency.
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line 1 (c) When registering with the local agency, a children’s camp
line 2 shall submit copies of its operating plan and emergency action
line 3 plan that are required pursuant to Section 60004.
line 4 60002. (a) (1) A local agency shall make at least one
line 5 unannounced inspection and one scheduled inspection of each
line 6 children’s camp within its jurisdiction during the calendar year,
line 7 and at any other time the local agency has reason to believe a
line 8 violation of this division or Part 2.4 (commencing with Section
line 9 18897) of Division 13 exists.
line 10 (2) A local agency shall make additional unannounced or
line 11 scheduled inspections of a children’s camp that is the subject of a
line 12 request or complaint filed with the local agency by any person
line 13 with a legitimate basis for submitting the request or complaint.
line 14 (3) A local agency shall make an additional inspection as soon
line 15 as practically possible of a children’s camp that reports a death
line 16 pursuant to subdivision (e) of section 60003.
line 17 (b) A local agency conducting an inspection pursuant to this
line 18 section shall confirm that all necessary certifications for the
line 19 activities offered at the children’s camp are current and on file. If
line 20 any of the camp’s certifications are expired or cannot be confirmed
line 21 by the local agency, the camp shall immediately cease operation
line 22 of the activity lacking the relevant certification until proper
line 23 certification is confirmed by the local agency.
line 24 (c) (1) If, upon inspection, the local agency determines that a
line 25 children’s camp is in violation of any provision of this division or
line 26 Part 2.4 (commencing with Section 18897) of Division 13, the
line 27 local agency shall promptly issue a notice to correct the violation
line 28 to the camp operator and the camp director.
line 29 (2) In the event that the local agency determines that a violation
line 30 constitutes an imminent threat to the health and safety of any
line 31 individual attending the children’s camp, the notice of violation
line 32 shall be issued immediately and served on the camp operator and
line 33 camp director.
line 34 (3) In the event that the local agency determines that
line 35 deficiencies, violations, or conditions exist at a children’s camp
line 36 that are dangerous, hazardous, imminently detrimental to life or
line 37 health, or otherwise render the children’s camp unfit for human
line 38 habitation, the local agency may issue an emergency order directing
line 39 the camp operator or camp director to take immediate measures
line 40 to rectify those deficiencies, violations, or conditions.
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line 1 (4) (A) A children’s camp shall post any violation issued
line 2 pursuant to this subdivision in a highly visible location on the
line 3 camp premises and on the camp’s internet website, if one exists,
line 4 until the local agency confirms that the camp has mitigated the
line 5 violation.
line 6 (B) A local agency shall post any violation issued pursuant to
line 7 this subdivision on its internet website until the local agency
line 8 confirms mitigation of the violation.
line 9 (5) A local agency shall conduct a followup inspection to
line 10 confirm the mitigation of any violation issued pursuant to this
line 11 subdivision.
line 12 (d) (1) The local agency shall maintain all records of each
line 13 children’s camp inspection. These records shall be made available
line 14 to the public for inspection.
line 15 (2) A local agency shall provide free, certified copies of any
line 16 inspection report or citation issued pursuant to this division, if any,
line 17 to a complaining party or their agent. If an inspection reveals a
line 18 condition potentially affecting health or safety of the campers,
line 19 then the local agency shall provide free copies of the inspection
line 20 report and citations issued to any potentially affected campers or
line 21 their agents.
line 22 60003. (a) A camp operator or camp director shall check the
line 23 background and character of each prospective camp staffer or
line 24 counselor, regardless of age, on an annual basis through character
line 25 references, background checks, and a sex offender registry
line 26 information check.
line 27 (b) Each children’s camp shall ensure that a full-time adult
line 28 health supervisor charged with health supervision is available on
line 29 the premises of the children’s camp whenever campers are present.
line 30 (c) The health supervisor, aquatics supervisor, and all lifeguards,
line 31 shall possess current CPR certifications and first aid certifications.
line 32 (d) The camp operator, camp director, and all camp staff and
line 33 counselors shall be required to complete training in child abuse
line 34 and neglect identification and training in child abuse and neglect
line 35 reporting pursuant to Section 18975 of the Business and
line 36 Professions Code.
line 37 (e) A children’s camp shall report the death of any camper or
line 38 any camp staff that occurs at the children’s camp to the relevant
line 39 local agency within 24 hours of occurrence.
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line 1 60004. (a) Each children’s camp shall develop and maintain
line 2 an operating plan that includes all of the following information:
line 3 (1) The purpose and philosophy of the camp.
line 4 (2) The admission policy of the camp.
line 5 (3) Proposed operating hours.
line 6 (4) Proposed fee schedule.
line 7 (5) The ages of children accepted.
line 8 (6) Procedures for dropping off and picking up campers.
line 9 (7) Discipline policies.
line 10 (8) Parent notification and visitation policies.
line 11 (9) Services offered for children with special needs.
line 12 (10) Security and emergency procedures.
line 13 (11) Health and safety policies.
line 14 (12) Offsite trip policies.
line 15 (13) Policies for the storage of personal belongings.
line 16 (14) Inclement weather policies.
line 17 (15) Special equipment policies.
line 18 (16) A site location description.
line 19 (17) Buildings and facilities descriptions and planned usage of
line 20 those buildings and facilities.
line 21 (18) Environmental hazards.
line 22 (19) Equipment access, control, and maintenance.
line 23 (20) Food service provided.
line 24 (21) Transportation policies.
line 25 (22) Director and operator qualifications and training.
line 26 (23) Staff background check and skills verification procedures.
line 27 (24) Participant eligibility requirements.
line 28 (25) Staff-to-camper supervision ratios.
line 29 (26) Procedures for onsite and offsite nonrisk and high-risk
line 30 activities.
line 31 (b) (1) Each children’s camp shall develop and maintain an
line 32 emergency action plan that contains procedure to address the
line 33 following emergency situations:
line 34 (A) Natural disasters.
line 35 (B) (i) Lost campers and lost swimmers.
line 36 (ii) All campers, counselors, and staff shall review the written
line 37 lost camper and lost swimmer plans that shall also be kept on file.
line 38 (C) Fires.
line 39 (i) The fire emergency action plan shall require that fire drills
line 40 be held at least every week.
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AB 1737 — 11 —
line 1 (ii) The fire emergency action plan shall be submitted in writing
line 2 and be approved by the local fire department.
line 3 (D) Transportation emergencies.
line 4 (E) Severe illnesses and injuries.
line 5 (F) Unidentified individuals on the camp premises.
line 6 (G) Aquatic emergencies, if necessary.
line 7 (H) Active shooters.
line 8 (I) Other emergency situations as appropriate for the site.
line 9 (2) The emergency action plan shall include all of the following
line 10 procedures:
line 11 (A) Evacuation of the camp premises.
line 12 (B) Control of vehicular traffic through the camp.
line 13 (C) Communication from persons at the site of an emergency
line 14 to emergency medical facilities, the nearest fire station, and camp
line 15 staff.
line 16 (c) Camp staff shall be trained in implementation of the
line 17 procedures set forth in the operating plan and emergency action
line 18 plan.
line 19 (d) A children’s camp shall maintain a copy of the operating
line 20 plan and emergency action plan required pursuant to this section
line 21 on file on the camp premises and make the plans available for
line 22 inspection by any camper or their agent.
line 23 60005. (a) (1) A local agency may charge a registration fee
line 24 to a children’s camp that files an annual registration pursuant to
line 25 Section 60001.
line 26 (2) A registration fee charged pursuant to this section shall not
line 27 exceed the reasonable costs incurred for the registration and
line 28 inspection of children’s camps within the jurisdiction.
line 29 (b) A children’s camp that does not register, but is operating as
line 30 a children’s camp, shall be subject to a monetary penalty in the
line 31 amount determined by the local agency.
line 32 60006. (a) Each local agency that registers a children’s camp
line 33 pursuant to Section 60001 shall submit an annual report to the
line 34 State Department of Public Health that provides all of the following
line 35 information regarding each children’s camp operating within its
line 36 jurisdiction:
line 37 (1) The name of the children’s camp.
line 38 (2) The number of attending campers.
line 39 (3) The operating dates.
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line 1 (4) The high-risk activities described in paragraph (6) of
line 2 subdivision (b) of Section 60001 offered.
line 3 (5) Any violations cited by the local agency against the
line 4 children’s camp.
line 5 (b) (1) The State Department of Public Health shall develop
line 6 and maintain a public database on its internet website that contains
line 7 all the information submitted by local agencies pursuant to
line 8 subdivision (a).
line 9 (2) The database shall include an annual summary that includes
line 10 the following information:
line 11 (A) The total number of children’s camps offered in the state.
line 12 (B) The total number of campers attending children’s camps in
line 13 the state.
line 14 (C) The total number of citations issued by local agencies
line 15 pursuant to this division.
line 16 60007. The Legislature finds and declares that this division
line 17 addresses a matter of statewide concern rather than a municipal
line 18 affair as that term is used in Section 5 of Article XI of the
line 19 California Constitution. Therefore, this division applies to all cities,
line 20 including charter cities.
line 21 SEC. 9. Section 1182.4 of the Labor Code is amended to read:
line 22 1182.4. (a) No A student employee, camp counselor, or
line 23 program counselor of an organized a children’s camp shall not be
line 24 subject to a minimum wage or maximum hour order of the
line 25 commission if the student employee, camp counselor, or program
line 26 counselor receives a weekly salary of at least 85 percent of the
line 27 minimum wage for a 40-hour week, regardless of the number of
line 28 hours per week the student employee, camp counselor, or program
line 29 counselor might work at the organized children’s camp. If the
line 30 student employee, camp counselor, or program counselor works
line 31 less than 40 hours per week, the student employee, camp counselor,
line 32 or program counselor shall be paid at least 85 percent of the
line 33 minimum hourly wage for each hour worked.
line 34 (b) An organized A children’s camp may deduct the value of
line 35 meals and lodging from the salary of a student employee, camp
line 36 counselor, or program counselor pursuant to appropriate orders of
line 37 the commission.
line 38 (c) As used in this section, “organized “children’s camp” means
line 39 an organized a children’s camp, as defined in Section 18897 of
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AB 1737 — 13 —
line 1 the Health and Safety Code, which meets the standards of the
line 2 American Camping Association. Code.
line 3 SEC. 10. Section 11165.7 of the Penal Code is amended to
line 4 read:
line 5 11165.7. (a) As used in this article, “mandated reporter” is
line 6 defined as any of the following:
line 7 (1) A teacher.
line 8 (2) An instructional aide.
line 9 (3) A teacher’s aide or teacher’s assistant employed by a public
line 10 or private school.
line 11 (4) A classified employee of a public school.
line 12 (5) An administrative officer or supervisor of child welfare and
line 13 attendance, or a certificated pupil personnel employee of a public
line 14 or private school.
line 15 (6) An administrator or full-time employee of a public or private
line 16 day children’s camp. For purposes this paragraph, “children’s
line 17 camp” means the same as defined in Section 18897 of the Health
line 18 and Safety Code.
line 19 (7) An administrator or employee of a public or private youth
line 20 center, youth recreation program, or youth organization.
line 21 (8) An administrator, board member, or employee of a public
line 22 or private organization whose duties require direct contact and
line 23 supervision of children, including a foster family agency.
line 24 (9) An employee of a county office of education or the State
line 25 Department of Education whose duties bring the employee into
line 26 contact with children on a regular basis.
line 27 (10) A licensee, an administrator, or an employee of a licensed
line 28 community care or child daycare facility.
line 29 (11) A Head Start program teacher.
line 30 (12) A licensing worker or licensing evaluator employed by a
line 31 licensing agency, as defined in Section 11165.11.
line 32 (13) A public assistance worker.
line 33 (14) An employee of a childcare institution, including, but not
line 34 limited to, foster parents, group home personnel, and personnel of
line 35 residential care facilities.
line 36 (15) A social worker, probation officer, or parole officer.
line 37 (16) An employee of a school district police or security
line 38 department.
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line 1 (17) A person who is an administrator or presenter of, or a
line 2 counselor in, a child abuse prevention program in a public or
line 3 private school.
line 4 (18) A district attorney investigator, inspector, or local child
line 5 support agency caseworker, unless the investigator, inspector, or
line 6 caseworker is working with an attorney appointed pursuant to
line 7 Section 317 of the Welfare and Institutions Code to represent a
line 8 minor.
line 9 (19) A peace officer, as defined in Chapter 4.5 (commencing
line 10 with Section 830) of Title 3 of Part 2, who is not otherwise
line 11 described in this section.
line 12 (20) A firefighter, except for volunteer firefighters.
line 13 (21) A physician and surgeon, psychiatrist, psychologist, dentist,
line 14 resident, intern, podiatrist, chiropractor, licensed nurse, dental
line 15 hygienist, optometrist, marriage and family therapist, clinical social
line 16 worker, professional clinical counselor, or any other person who
line 17 is currently licensed under Division 2 (commencing with Section
line 18 500) of the Business and Professions Code.
line 19 (22) An emergency medical technician I or II, paramedic, or
line 20 other person certified pursuant to Division 2.5 (commencing with
line 21 Section 1797) of the Health and Safety Code.
line 22 (23) A psychological assistant registered pursuant to Section
line 23 2913 of the Business and Professions Code.
line 24 (24) A marriage and family therapist trainee, as defined in
line 25 subdivision (c) of Section 4980.03 of the Business and Professions
line 26 Code.
line 27 (25) An unlicensed associate marriage and family therapist
line 28 registered under Section 4980.44 of the Business and Professions
line 29 Code.
line 30 (26) A state or county public health employee who treats a minor
line 31 for venereal disease or any other condition.
line 32 (27) A coroner.
line 33 (28) A medical examiner or other person who performs
line 34 autopsies.
line 35 (29) A commercial film and photographic print or image
line 36 processor as specified in subdivision (e) of Section 11166. As used
line 37 in this article, “commercial film and photographic print or image
line 38 processor” means a person who develops exposed photographic
line 39 film into negatives, slides, or prints, or who makes prints from
line 40 negatives or slides, or who prepares, publishes, produces, develops,
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AB 1737 — 15 —
line 1 duplicates, or prints any representation of information, data, or an
line 2 image, including, but not limited to, any film, filmstrip, photograph,
line 3 negative, slide, photocopy, videotape, video laser disc, computer
line 4 hardware, computer software, computer floppy disk, data storage
line 5 medium, CD-ROM, computer-generated equipment, or
line 6 computer-generated image, for compensation. The term includes
line 7 any employee of that person; it does not include a person who
line 8 develops film or makes prints or images for a public agency.
line 9 (30) A child visitation monitor. As used in this article, “child
line 10 visitation monitor” means a person who, for financial
line 11 compensation, acts as a monitor of a visit between a child and
line 12 another person when the monitoring of that visit has been ordered
line 13 by a court of law.
line 14 (31) An animal control officer or humane society officer. For
line 15 the purposes of this article, the following terms have the following
line 16 meanings:
line 17 (A) “Animal control officer” means a person employed by a
line 18 city, county, or city and county for the purpose of enforcing animal
line 19 control laws or regulations.
line 20 (B) “Humane society officer” means a person appointed or
line 21 employed by a public or private entity as a humane officer who is
line 22 qualified pursuant to Section 14502 or 14503 of the Corporations
line 23 Code.
line 24 (32) A clergy member, as specified in subdivision (d) of Section
line 25 11166. As used in this article, “clergy member” means a priest,
line 26 minister, rabbi, religious practitioner, or similar functionary of a
line 27 church, temple, or recognized denomination or organization.
line 28 (33) Any custodian of records of a clergy member, as specified
line 29 in this section and subdivision (d) of Section 11166.
line 30 (34) An employee of any police department, county sheriff ’s
line 31 department, county probation department, or county welfare
line 32 department.
line 33 (35) An employee or volunteer of a Court Appointed Special
line 34 Advocate program, as defined in Rule 5.655 of the California Rules
line 35 of Court.
line 36 (36) A custodial officer, as defined in Section 831.5.
line 37 (37) A person providing services to a minor child under Section
line 38 12300 or 12300.1 of the Welfare and Institutions Code.
line 39 (38) An alcohol and drug counselor. As used in this article, an
line 40 “alcohol and drug counselor” is a person providing counseling,
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— 16 — AB 1737
line 1 therapy, or other clinical services for a state licensed or certified
line 2 drug, alcohol, or drug and alcohol treatment program. However,
line 3 alcohol or drug abuse, or both alcohol and drug abuse, is not, in
line 4 and of itself, a sufficient basis for reporting child abuse or neglect.
line 5 (39) A clinical counselor trainee, as defined in subdivision (g)
line 6 of Section 4999.12 of the Business and Professions Code.
line 7 (40) An associate professional clinical counselor registered
line 8 under Section 4999.42 of the Business and Professions Code.
line 9 (41) An employee or administrator of a public or private
line 10 postsecondary educational institution, whose duties bring the
line 11 administrator or employee into contact with children on a regular
line 12 basis, or who supervises those whose duties bring the administrator
line 13 or employee into contact with children on a regular basis, as to
line 14 child abuse or neglect occurring on that institution’s premises or
line 15 at an official activity of, or program conducted by, the institution.
line 16 Nothing in this paragraph shall be construed as altering the
line 17 lawyer-client privilege as set forth in Article 3 (commencing with
line 18 Section 950) of Chapter 4 of Division 8 of the Evidence Code.
line 19 (42) An athletic coach, athletic administrator, or athletic director
line 20 employed by any public or private school that provides any
line 21 combination of instruction for kindergarten, or grades 1 to 12,
line 22 inclusive.
line 23 (43) (A) A commercial computer technician as specified in
line 24 subdivision (e) of Section 11166. As used in this article,
line 25 “commercial computer technician” means a person who works for
line 26 a company that is in the business of repairing, installing, or
line 27 otherwise servicing a computer or computer component, including,
line 28 but not limited to, a computer part, device, memory storage or
line 29 recording mechanism, auxiliary storage recording or memory
line 30 capacity, or any other material relating to the operation and
line 31 maintenance of a computer or computer network system, for a fee.
line 32 An employer who provides an electronic communications service
line 33 or a remote computing service to the public shall be deemed to
line 34 comply with this article if that employer complies with Section
line 35 2258A of Title 18 of the United States Code.
line 36 (B) An employer of a commercial computer technician may
line 37 implement internal procedures for facilitating reporting consistent
line 38 with this article. These procedures may direct employees who are
line 39 mandated reporters under this paragraph to report materials
line 40 described in subdivision (e) of Section 11166 to an employee who
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AB 1737 — 17 —
line 1 is designated by the employer to receive the reports. An employee
line 2 who is designated to receive reports under this subparagraph shall
line 3 be a commercial computer technician for purposes of this article.
line 4 A commercial computer technician who makes a report to the
line 5 designated employee pursuant to this subparagraph shall be deemed
line 6 to have complied with the requirements of this article and shall be
line 7 subject to the protections afforded to mandated reporters, including,
line 8 but not limited to, those protections afforded by Section 11172.
line 9 (44) Any athletic coach, including, but not limited to, an
line 10 assistant coach or a graduate assistant involved in coaching, at
line 11 public or private postsecondary educational institutions.
line 12 (45) An individual certified by a licensed foster family agency
line 13 as a certified family home, as defined in Section 1506 of the Health
line 14 and Safety Code.
line 15 (46) An individual approved as a resource family, as defined in
line 16 Section 1517 of the Health and Safety Code and Section 16519.5
line 17 of the Welfare and Institutions Code.
line 18 (47) A qualified autism service provider, a qualified autism
line 19 service professional, or a qualified autism service paraprofessional,
line 20 as defined in Section 1374.73 of the Health and Safety Code and
line 21 Section 10144.51 of the Insurance Code.
line 22 (48) A human resource employee of a business subject to Part
line 23 2.8 (commencing with Section 12900) of Division 3 of Title 2 of
line 24 the Government Code that employs minors. For purposes of this
line 25 section, a “human resource employee” is the employee or
line 26 employees designated by the employer to accept any complaints
line 27 of misconduct as required by Chapter 6 (commencing with Section
line 28 12940) of Part 2.8 of Division 3 of Title 2 of the Government
line 29 Code.
line 30 (49) An adult person whose duties require direct contact with
line 31 and supervision of minors in the performance of the minors’ duties
line 32 in the workplace of a business subject to Part 2.8 (commencing
line 33 with Section 12900) of Division 3 of Title 2 of the Government
line 34 Code is a mandated reporter of sexual abuse, as defined in Section
line 35 11165.1. Nothing in this paragraph shall be construed to modify
line 36 or limit the person’s duty to report known or suspected child abuse
line 37 or neglect when the person is acting in some other capacity that
line 38 would otherwise make the person a mandated reporter.
line 39 (b) Except as provided in paragraph (35) of subdivision (a),
line 40 volunteers of public or private organizations whose duties require
99
— 18 — AB 1737
line 1 direct contact with and supervision of children are not mandated
line 2 reporters but are encouraged to obtain training in the identification
line 3 and reporting of child abuse and neglect and are further encouraged
line 4 to report known or suspected instances of child abuse or neglect
line 5 to an agency specified in Section 11165.9.
line 6 (c) (1) Except as provided in subdivision (d) and paragraph (2),
line 7 employers are strongly encouraged to provide their employees
line 8 who are mandated reporters with training in the duties imposed
line 9 by this article. This training shall include training in child abuse
line 10 and neglect identification and training in child abuse and neglect
line 11 reporting. Whether or not employers provide their employees with
line 12 training in child abuse and neglect identification and reporting,
line 13 the employers shall provide their employees who are mandated
line 14 reporters with the statement required pursuant to subdivision (a)
line 15 of Section 11166.5.
line 16 (2) Employers subject to paragraphs (48) and (49) of subdivision
line 17 (a) shall provide their employees who are mandated reporters with
line 18 training in the duties imposed by this article. This training shall
line 19 include training in child abuse and neglect identification and
line 20 training in child abuse and neglect reporting. The training
line 21 requirement may be met by completing the general online training
line 22 for mandated reporters offered by the Office of Child Abuse
line 23 Prevention in the State Department of Social Services.
line 24 (d) Pursuant to Section 44691 of the Education Code, school
line 25 districts, county offices of education, state special schools and
line 26 diagnostic centers operated by the State Department of Education,
line 27 and charter schools shall annually train their employees and persons
line 28 working on their behalf specified in subdivision (a) in the duties
line 29 of mandated reporters under the child abuse reporting laws. The
line 30 training shall include, but not necessarily be limited to, training in
line 31 child abuse and neglect identification and child abuse and neglect
line 32 reporting.
line 33 (e) (1) On and after January 1, 2018, pursuant to Section
line 34 1596.8662 of the Health and Safety Code, a childcare licensee
line 35 applicant shall take training in the duties of mandated reporters
line 36 under the child abuse reporting laws as a condition of licensure,
line 37 and a childcare administrator or an employee of a licensed child
line 38 daycare facility shall take training in the duties of mandated
line 39 reporters during the first 90 days when that administrator or
line 40 employee is employed by the facility.
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line 1 (2) A person specified in paragraph (1) who becomes a licensee,
line 2 administrator, or employee of a licensed child daycare facility shall
line 3 take renewal mandated reporter training every two years following
line 4 the date on which that person completed the initial mandated
line 5 reporter training. The training shall include, but not necessarily be
line 6 limited to, training in child abuse and neglect identification and
line 7 child abuse and neglect reporting.
line 8 (f) Unless otherwise specifically provided, the absence of
line 9 training shall not excuse a mandated reporter from the duties
line 10 imposed by this article.
line 11 (g) Public and private organizations are encouraged to provide
line 12 their volunteers whose duties require direct contact with and
line 13 supervision of children with training in the identification and
line 14 reporting of child abuse and neglect.
line 15 SEC. 11. No reimbursement is required by this act pursuant to
line 16 Section 6 of Article XIII B of the California Constitution for certain
line 17 costs that may be incurred by a local agency or school district
line 18 because, in that regard, this act creates a new crime or infraction,
line 19 eliminates a crime or infraction, or changes the penalty for a crime
line 20 or infraction, within the meaning of Section 17556 of the
line 21 Government Code, or changes the definition of a crime within the
line 22 meaning of Section 6 of Article XIII B of the California
line 23 Constitution.
line 24 However, if the Commission on State Mandates determines that
line 25 this act contains other costs mandated by the state, reimbursement
line 26 to local agencies and school districts for those costs shall be made
line 27 pursuant to Part 7 (commencing with Section 17500) of Division
line 28 4 of Title 2 of the Government Code.
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california legislature—2021–22 regular session
ASSEMBLY BILL No. 2179
Introduced by Assembly Member Grayson
February 15, 2022
An act to add Section 66007.5 to the Government Code, relating to
land use.
legislative counsel’s digest
AB 2179, as introduced, Grayson. Development fees and charges:
deferral.
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 under specified circumstances.
This bill would similarly prohibit a noncompliant local agency, as
defined, that imposes any fees or charges on a qualified development,
as defined, from requiring the payment of those fees or charges until
20 years from the date of the final inspection, or the date the certificate
of occupancy is issued, whichever occurs first. The bill would authorize
a noncompliant local agency that defers a fee or charge to require the
property owner, or lessee if the lessee’s interest appears of record, as a
condition of issuance of the building permit, to execute a contract to
pay the fee or charge if the fee or charge is not fully paid before the
issuance of a building permit for the construction of any portion of the
qualified development encumbered by the fee or charge, as provided.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
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The people of the State of California do enact as follows:
line 1 SECTION 1. Section 66007.5 is added to the Government
line 2 Code, to read:
line 3 66007.5. (a) Notwithstanding any other law, a noncompliant
line 4 local agency that imposes any fees or charges on a qualified
line 5 development shall not require the payment of those fees or charges
line 6 until 20 years from the date of the final inspection, or the date the
line 7 certificate of occupancy is issued, whichever occurs first.
line 8 (b) (1) If any fee or charge deferred pursuant to subdivision (a)
line 9 is not fully paid before the issuance of a building permit for the
line 10 construction of any portion of the qualified development
line 11 encumbered by the fee or charge, the noncompliant local agency
line 12 issuing the building permit may require the property owner, or
line 13 lessee if the lessee’s interest appears of record, as a condition of
line 14 issuance of the building permit, to execute a contract to pay the
line 15 fee or charge within the time specified in subdivision (a).
line 16 (2) (A) The contract shall be in the form of a promissory note
line 17 secured by a deed of trust on the qualified development.
line 18 (B) The deed of trust described in subparagraph (A) shall be
line 19 subordinate in priority to construction and permanent loans used
line 20 to construct the qualified development.
line 21 (3) The obligation to pay the fee or charge shall inure to the
line 22 benefit of, and be enforceable by, the noncompliant local agency
line 23 that imposed the fee or charge, regardless of whether it is a party
line 24 to the contract.
line 25 (4) The contract may require the owner of the qualified
line 26 development or lessee to provide appropriate notification of the
line 27 opening of any escrow for the sale of the qualified development
line 28 for which the building permit was issued and to provide in the
line 29 escrow instructions that the fee or charge be paid to the
line 30 noncompliant local agency that imposed the fee or charge from
line 31 the sale proceeds in escrow before disbursing proceeds to the seller.
line 32 (c) Any fees or charges deferred pursuant to subdivision (a)
line 33 may accrue interest at the applicable federal rate published by the
line 34 United States Internal Revenue Service and in effect on the date
line 35 the contract is entered into.
line 36 (d) Any fees or charges deferred pursuant to subdivision (a)
line 37 shall become immediately due and payable if the qualified
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line 1 development is sold, refinanced, or no longer meets the
line 2 requirements of this section.
line 3 (e) This section applies only to fees collected by a local agency
line 4 to fund the construction of public improvements or facilities. It
line 5 does not apply to fees collected to cover the cost of code
line 6 enforcement or inspection services, or to other fees collected to
line 7 pay for the cost of enforcement of local ordinances or state law.
line 8 (f) For purposes of this section, the following definitions shall
line 9 apply:
line 10 (1) “Final inspection” or “certificate of occupancy” has the same
line 11 meaning as described in Sections 305 and 307 of the Uniform
line 12 Building Code, International Conference of Building Officials,
line 13 1985 edition.
line 14 (2) “Noncompliant local agency” means a local agency that did
line 15 not meet its regional housing needs during the most recent complete
line 16 regional housing needs assessment cycle and for the current
line 17 regional housing needs assessment cycle, the local agency meets
line 18 either of the following:
line 19 (A) The local agency has not submitted its latest production
line 20 report to the department by the deadline set forth in Section 65400.
line 21 (B) The local agency has submitted its latest production report
line 22 to the department by the deadline set forth in Section 65400 and
line 23 that production report reflects that there were fewer units of low-
line 24 or moderate-income housing issued building permits than were
line 25 required for the regional housing needs assessment cycle for that
line 26 reporting period.
line 27 (3) “Production report” means the information reported pursuant
line 28 to subparagraph (H) of paragraph (2) of subdivision (a) of Section
line 29 65400.
line 30 (4) “Qualified development” means a mixed income residential
line 31 rental development proposed by a nonprofit housing developer,
line 32 including a limited partnership in which the managing partner is
line 33 an eligible nonprofit corporation, in which at least 40 percent of
line 34 the total units are reserved for occupancy by persons and families
line 35 of low- or moderate-income, as defined in Section 50053 of the
line 36 Health and Safety Code, at an affordable rent, as defined in Section
line 37 50053 of the Health and Safety Code.
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