HomeMy WebLinkAbout062822 - 3.1
LEGISLATIVE COMMITTEE MEMORANDUM 3.1
TO: Mayor and Town Council June 28, 2022
SUBJECT: June Legislative Report
BACKGROUND
At the end of May, Senate and Assembly Appropriations Committees held their
“suspense file” hearings, to review any bills introduced that have a fiscal impact to the
State. In the Assembly Appropriations Committee, there were 601 bills reviewed, of
which 175 were held under submission (29%). The Senate Appropriations Committee
reviewed 358 bills, of which 48 bills were held under submission (13%). Bills held under
submission will not move forward in the 2022 legislative session.
Policy committees slowed during the month of June. This is a result of bills moving into
their second house along with the need for Rules Committees to refer them to the
appropriate committee(s). The pause allows time for legislators to rework language and
to introduce bill amendments prior to the second house referral process.
On June 13, the legislature approved their budget bill, SB 154, which includes $300 billion
in state expenditures over the next fiscal year. Passage of this bill meets the legislature’s
constitutional obligation to approve a budget by the June 30 deadline. However, the
legislature and the Governor’s Administration have yet to arrive at a comprehensive
budget agreement and negotiations on a complete budget package will continue. A final
state budget will be implemented through additional budget trailer bills that are likely to
materialize in the coming weeks.
DISCUSSION
The Town’s Legislative Committee follows legislation that is identified as a priority
through the Tri-Valley Cities coalition and by the Danville Town Council based upon the
Town’s legislative framework.
The Tri-Valley Cities Legislative Framework identifies six focus areas for the 2022 State
Legislative session including: Transportation, Climate and Environment, Affordable
Housing, Mental Health, Economic Development and Fiscal Sustainability. The bills and
positions that are a priority for the Tri-Valley coalition are discussed in the second half of
this report.
June Legislative Update 2 June 28, 2022
The Town has identified the following bills that impact Danville.
AB 1551 (Santiago) Planning and zoning: development bonuses: mixed-use projects
This bill would reenact current provisions regarding the granting of development
bonuses to certain projects and would require a city or county to annually submit to the
Department of Housing and Community Development information describing an
approved commercial development bonus. This bill continues to move forward in the
Senate. (Housing)
Position: Watch
AB 1771 (Ward) The California Housing Speculation Act: income taxes: capital gains:
sales or exchange of qualified asset: housing
This bill would, for taxable years beginning on or after January 1, 2023, impose an
additional 25% tax on that portion of a qualified taxpayer’s net capital gain from the sale
or exchange of a qualified asset, as defined. This bill did not move out of the Assembly and is
now marked inactive. (Housing)
Position: Watch
AB 2053 (Lee) The Social Housing Act
This measure would create the California Housing Authority as an independent state
body, the mission of which would be to produce and acquire social housing
developments for the purpose of eliminating the gap between housing production and
regional housing needs assessment targets. This bill continues to move forward in the
Senate. (Housing)
Position: Oppose
AB 2170 (Grayson) Residential real property: foreclosure sales.
This bill would prescribe requirements applicable to sales of real property containing one
to 4 residential dwelling units, that a federal government-sponsored enterprise, acquired
by foreclosure. During the first 30 days that a property is listed, an enterprise would be
required to consider purchase offers only from prospective owner-occupants and eligible
bidders, consistent with the federal First Look Program. Investor purchasers would be
authorized to submit offers which could be considered after the initial 30-day period has
expired. This bill continues to move forward in the Senate. (Housing)
Position: Watch
AB 2237 (Friedman) Transportation planning: regional transportation improvement
plan: sustainable communities strategies: climate goals.
This bill would require all projects and programs included in the regional transportation
improvement program be consistent with the most recently prepared sustainable
communities strategy of the regional transportation planning agency or county
transportation commission. Moving forward, this bill would prohibit funds collected
June Legislative Update 3 June 28, 2022
from any local transportation tax measure passed on or after January 1, 2023, from being
spent until the transportation projects or programs receiving funding are included in the
most recently adopted sustainable communities strategy, or, if applicable, the alternative
planning strategy. This bill continues to move forward in the Senate. (Transportation)
Position: Oppose
AB 2295 (Bloom) Local educational agencies: housing development projects.
This bill provides that a housing development project would be an authorized use on any
real property owned by a local educational agency (LEA) if it meets specified
affordability criteria and planning standards. This bill was heard in the Committee on
Environmental Quality and is moving forward in the Senate. This bill continues to move
forward in the Senate. (Housing)
Position: Watch
AB 2328 (Flora) Local ordinances: home experience: sharing.
This bill would prohibit a city or county from prohibiting the use of property as a home
experience sharing unit, defined as a privately owned, noncommercial property or
residential dwelling unit that is rented partially for a fee for a period of fewer than 18
continuous hours and that does not provide sleeping accommodation to transients. This
bill did not pass through the Assembly and is now marked inactive. (Housing)
Position: Oppose
AB 2428 (Ramos) Mitigation Fee Act: fees for improvements: timeline for expenditure
This bill would require a local agency that requires a qualified applicant, to deposit
development fees for improvements, into an escrow account as a condition for receiving
a conditional use permit or equivalent development permit to expend the fees within 5
years of the deposit. The bill would require any fees not expended within this period to
be returned to the qualified applicant. This bill did not pass through the Assembly and is now
marked inactive. (Housing)
Position: Oppose
AB 2438 (Friedman) Transportation funding: alignment with state plans and
greenhouse gas emissions reduction standards
This bill requires specified state transportation funding programs to align with state
climate action plans and goals. The bill requires the agencies that administer those
programs to revise the guidelines or plans applicable to those programs to ensure that
projects included in the program align with the California Transportation Plan, the
Climate Action Plan for Transportation Infrastructure adopted by the Transportation
Agency, and specified greenhouse gas emissions reduction standards. This bill continues
to move forward in the Senate. (Transportation)
Position: Oppose
June Legislative Update 4 June 28, 2022
AB 2631 (O’Donnell) Government Claims Act
This bill establishes the liability and immunity of a public entity for its acts or omissions
that cause harm to persons. This bill would provide that a public entity is liable for injury
relating to the effects of that public entity’s homelessness policies on another public
entity. This bill did not pass through the Assembly and is now marked inactive. (Government
Code)
Position: Oppose
SB 6: (Caballero): The Neighborhood Homes Act
This bill authorizes residential development on existing lots currently zoned for
commercial office and retail space, such as strip malls or large “big box” retail spaces,
that are not adjacent to industrial use zones. The bill would require the density for a
housing development under these provisions to meet or exceed densities deemed
appropriate to accommodate housing for lower income households, including a
minimum density of at least 20 du/ac for a suburban jurisdiction and 30 du/ac for an
urban jurisdiction. (Housing)
Position: Oppose
SB 379: (Wiener) Residential solar energy systems: permitting.
This bill would require every city and county to implement an online, automated
permitting platform that verifies code compliance and issues permits in real time for a
solar energy system. This bill continues to move forward in the Assembly.
(Climate/Environment)
Position: Watch
SB 897: (Wieckowski) Accessory dwelling units: junior accessory dwelling units
This bill would change the height limitation applicable to an accessory dwelling unit
subject to ministerial approval to 25 feet. If an existing multifamily dwelling exceeds a
height of 25 feet or has a rear or side yard setback of less than 4 feet, would prohibit a
local agency from requiring any modification to the existing multifamily dwelling to
satisfy these requirements. This bill continues to move forward in the Assembly.
(Housing)
Position: Oppose
SB 1338: (Umberg) Community Assistance, Recovery, and Empowerment (CARE)
Court Program.
This bill would authorize specified people to petition a civil court to create a CARE plan
and implement services, to be provided by county behavioral health agencies, to provide
behavioral health care, stabilization medication, and housing support to adults who are
suffering from schizophrenia spectrum and psychotic disorders and who lack medical
decision-making capacity. This bill continues to move forward in the Assembly. (Mental
Health)
Position: Watch
June Legislative Update 5 June 28, 2022
Tri-Valley Cities Coalition
Below is the list of bills the TVC identified at the beginning of the 2021/22 Legislative
session to track.
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 9-8-8
hotline. This bill continues to move forward in the Senate. (Mental Health)
TVC position: Support
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 bill was ordered to the inactive file. (Climate/Environment)
TVC position: Support
AB 1737: (Holden) Children’s Camps: registration and inspections
This bill would require the Department of Social Services to convene a stakeholder
group to develop and implement a master plan for children’s camp safety.
Additionally, this bill requires a camp operator, camp director, staff member, counselor
18 years of age or older, or regular volunteer of a children’s camp to complete training
in child abuse and neglect identification and reporting. All specific staff would also be
required to undergo a background check. This bill continues to move forward in
the Senate. (Fiscal Sustainability)
TVC position: Oppose Unless Amended
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. This bill did not pass through the
Assembly and is now marked inactive. (Transportation)
TVC position: Support
AB 1988: (Bauer-Kahan) 9-8-8 Mental Health Crisis Hotline System
This bill provides that the hotline may be referred to as the Miles Hall Mental Health and
Suicide Prevention Lifeline and provides that the Office of Emergency Services (CalOES)
shall administer the system components of the 9-8-8 system. This bill did not pass through
the Assembly and is now marked inactive. (Mental Health)
TVC position: Support
June Legislative Update 6 June 28, 2022
AB 2011: (Wicks) Affordable Housing and High Roads Jobs Act of 2022
This bill would make certain housing developments that meet specified affordability and
site criteria and objective development standards a use by right within a zone where
office, retail, or parking are a principally permitted use, and would subject these
development projects to one of 2 streamlined, ministerial review processes. The bill
would require that development projects meet certain wage and labor standards
including prevailing wage. This bill continues to move forward in the Senate.
(Affordable Housing)
TVC position: Oppose with Comments
AB 2016: (Bauer-Kahan) State Water Resources Control Board: desalination plant:
feasibility study.
This bill would request the California Council on Science and Technology, in consultation
with the department, subject to an appropriation by the Legislature for this purpose, to
undertake and complete a comprehensive feasibility study of the desalination of ocean
water, brackish water, and groundwater and the potential impact of desalination plants
along the San Francisco Bay and inland lakes and streams. This bill continues to move
forward in the Senate. (Climate/Environmental)
TVC position: Support
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. This bill did not pass through the Assembly and is now marked inactive.
(Affordable Housing)
TVC position: Oppose with comments
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. This bill continues to move forward in the
Senate. (Climate/Environment)
TVC position: Support
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. This bill continues to
move forward in the Assembly. (Climate/Environment)
TVC position: Support
June Legislative Update 7 June 28, 2022
SB 490: (Caballero) Community Anti-Displacement and Preservation Program:
technical assistance
This bill would authorize a program with the purpose of providing technical assistance
to qualified entities engaged in acquisition-rehabilitation projects. An “acquisition-
rehabilitation project” is defined as a project to acquire and preserve unsubsidized
housing units and attaching long-term affordability restrictions on the housing units.
This bill continues to move forward in the Assembly. (Affordable Housing)
TVC position: Support
SB 852: (Dodd) Climate resilience districts: formation: funding mechanisms
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. This bill
continues to move forward in the Assembly. (Climate/Environment)
TVC position: Support
SB 932: (Portantino) General plans: circulation element: bicycle and pedestrian plans
and traffic calming plans.
This bill requires the circulation element of a general plan to include specified contents
related to bicycle plans, pedestrian plans, and traffic calming plans, and to implement
those plans; provides that failure to implement the plans creates a cause of action for
victims of traffic violence in specified counties from January 1, 2024 to January 1, 2028.
This bill continues to move forward in the Assembly. (Transportation)
TVC Position: Oppose
SB 1229: (McGuire) Mental Health Workforce Grant Program
This bill would establish a grant program to increase the number of mental health
professionals serving children and youth. This bill continues to move forward in the
Assembly. (Mental Health)
TVC Position: Support
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. This bill did not pass through the Senate
and is now marked inactive. (Affordable Housing)
TVC position: Support
June Legislative Update 8 June 28, 2022
The Tri-Valley Cities Mayors did not meet in May. The next meeting is scheduled for
September 12, 2022.
Grants Program
The TVC Coalition previously submitted earmark request for the Valley Link project and
AXIS Bridge. Due to Valley Link seeking funding through Capital Investments Grant
(CIG) Program, the project was determined by the Appropriations Committee to be
ineligible for earmark funding. Senator Padilla and Senator Feinstein released their final
selections for earmarks in the Labor, Health and Human Services, Education
Appropriations bill which included the AXIS Bridge for the full amount of $450,000. The
bill will continue to move through the appropriations process.
Conclusion
Accept the report and direct any questions and/or direction to Town legislative staff.
Prepared by:
Cat Bravo
Administrative Analyst
Reviewed by:
Joseph Calabrigo
Town Manager
Attachment A – Bill Summary and Analysis Packet
Attachment B – TVC Letter of Oppose with Comments AB 1737
Attachment C – Danville Letter of Oppose with Comments AB 2063
Attachment D – Danville Letter of Oppose AB 2328
Attachment E – Danville Letter of Oppose AB 2631
Attachment F – Danville Letter of Oppose SB 897
Attachment G – TVC Letter of Oppose with Comments AB 2011
Attachment H – TVC Letter of Support AB 2016
Attachment I – TVC Comment Letter SB 932
June Legislative Update 9 June 28, 2022
Attachment J – Danville Letter of Oppose SB 2237
Attachment K – Danville Letter of Oppose Unless Amended SB 2438
Attachment L – TVC Letter of Support AB 988
Attachment M – TVC Letter of Support SB 490
Attachment N – TVC Letter of Support SB 1229
Attachment O - Letter from Stanford Health Care – Trauma Center Application Status
SENATE COMMITTEE ON HOUSING
Senator Scott Wiener, Chair
2021 - 2022 Regular
Bill No: AB 2053 Hearing Date: 6/21/2022
Author: Lee
Version: 6/14/2022 Amended
Urgency: No Fiscal: Yes
Consultant: Mehgie Tabar
SUBJECT: The Social Housing Act
DIGEST: This bill establishes the California Housing Authority (CHA) for the
purposes of developing mixed-income social housing.
ANALYSIS:
Existing law:
1)Specifies that a housing authority may engage in a number of activities in order
to provide housing to low income individuals, including:
a)Preparing, carrying out, acquiring, leasing and operating housing projects
and developments for persons of low-income;
b)Providing for the construction, reconstruction, improvement, alteration, or
repair of all or part of any housing project;
c)Providing leased housing to persons of low-income; and
d)Offering counseling, referral, and advisory services to persons and families
of low or moderate income in connection with the purchase, rental,
occupancy, maintenance, or repair of housing.
2)Requires each city and county to prepare, adopt, and administer a general plan
for their jurisdiction, which must include a housing element, to shape the future
growth of its community.
3)Specifies that each community’s fair share of housing be determined through
the regional housing needs allocation (RHNA) process, which involves three
main stages: (a) the Department of Finance (DOF) and the Department of
Housing and Community Development (HCD) develop regional housing needs
estimates at four income levels: very low-income, low-income, moderate-
income, and above moderate-income; (b) councils of government (COGs) use
these estimates to allocate housing within each region (HCD is to make theATTACHMENT A
AB 2053 (Lee) Page 2 of 13
determinations where a COG does not exist); and (c) cities and counties plan for
accommodating these allocations in their housing elements.
4)Establishes HCD oversight of the housing element process, including the
following:
a)Local governments must submit a draft of their housing element to HCD for
review;
b)HCD must review the draft housing element, and determine whether it
substantially complies with housing element law, in addition to making other
findings;
c)Local governments must incorporate HCD feedback into their housing
element; and
d)HCD must review any action or failure to act by local governments that it
deems to be inconsistent with an adopted housing element. HCD must notify
any local government, and at its discretion the office of the Attorney
General, if it finds that the jurisdiction has violated state law.
5)Requires each city and county to submit an Annual Progress Report (APR) to
the Governor’s Office of Planning and Research (OPR) and HCD by April 1 of
each year, including the following:
a)The report must evaluate the general plan’s implementation, including the
implementation of their housing element, and provide specified quantitative
outcomes, such as number of applications for housing projects received and
housing units approved;
b)Authorizes a court to issue a judgement to compel compliance sh ould a city
or county fail to submit their APR within 60 days of the statutory deadline;
and
c)Requires HCD to post all city and county APRs on their website within a
reasonable time after receipt.
This bill:
1)Creates CHA as an independent state entity with the mission of producing and
acquiring social housing for all California residents, eliminating the gap
between housing production and regional housing needs assessment targets, and
preserving affordable housing.
2)Specifies that the CHA board will consist of nine members, as specified, who
will elect a chair and make decisions by majority vote.
AB 2053 (Lee) Page 3 of 13
3) Provides that each CHA-owned multifamily social housing development must
form a governance council with specified powers and responsibilities.
4) States that CHA will seek to achieve revenue neutrality over the long term and
seek to recuperate the cost of development and operations over the life of its
properties through rent cross-subsidization.
5) States that CHA must prioritize development on vacant parcels, certain
underutilized parcels with deed-restricted units, surplus public properties, and
parcels near transit.
6) Requires that each multi-unit property must include a variety of mixed income
units.
7) Specifies that CHA will make an annual determination of the required amount
of social housing units to be produced as follows:
a) Annual regional housing needs assessment (RHNA) targets calculated as the
total RHNA cycle targets for each jurisdiction divided by the length of the
RHNA cycle;
b) On or before January 1, 2027, and each year thereafter, CHA will determine
the gap between the previous year's RHNA and actual housing construction;
and
c) Within a given year, CHA can construct at least the number of units to meet
the gap between the previous year's construction of units and the RHNA
targets.
8) Specifies that, in creating housing, the authority shall employ two different
leasing models, the rental model and the ownership model, as specified.
9) Provides that CHA can conduct ground-up construction and rehabilitation of
existing structures and may lease mixed-use space to small businesses and
nonprofits.
10) States that CHA must accept a local government's preference on project
location if certain conditions are met.
11) Requires specified labor standards for production and rehabilitatio n of CHA
developments, including community workforce agreements and payment of
prevailing wages.
12) States that it is the intent of the Legislature to develop and implement high -
road labor policies to use a skilled construction workforce to build projects
utilizing bond funds.
AB 2053 (Lee) Page 4 of 13
COMMENTS:
1) Author’s statement. According to the author, “Housing is too expensive for
millions of Californians, where more than two in five households spend over
30% of their income on housing, and more than one in five households spend
over 50% of their income on housing. Over 97% of cities and counties haven’t
produced enough affordable housing, and existing strategies to address the lack
of affordable housing have not produced nearly enough to meet demand.
Affordable housing relies on government subsidies, and there is much more
demand for them than supply.
Social housing is an important tool to ensure housing is affordable to people of
all income levels. Social housing is publicly backed, self-sustaining housing
that accommodates a mix of household income ranges. Housing is protected
from being sold to a private for-profit entity for the duration of its life, and
residents are granted the same protections as tenants in private property, if not
more. Residents can provide their perspectives to property management. Many
countries throughout the world have successful social housing programs, and in
the US, there are social housing developments such as in Montgomery County,
Maryland using a similar model. Social Housing is how we provide and realize
housing as a human right.”
2) What is “Social Housing”? Social housing is simply publicly-subsidized
housing, but within a specific framework, most commonly used outside of the
United States. All definitions of social housing distinguish it in various ways
from privately-owned, for-profit housing provided through market mechanisms.
The Assembly Select Committee on Social Housing held an informational
hearing on October 20, 2021 and Rob Weiner from the California Coalition for
Rural Housing shared the Organization for Economic Cooperation and
Development (OECD) definition of social housing as: “the stock of residential
rental accommodations provided at sub-market prices and allocated according
to specific rules rather than according to market mechanisms.”1
Under this definition, there are an estimated 480,000 subsidized housing units
available for rent in California, or about 3.5% of the state’s housing stock.
These deed-restricted affordable rental units are generally built using a mix of
public and private financing and residency is restricted to low-income
households that make no more than 80% of county area median income (AMI).
Other versions of social housing specify permanent affordability requirements
1 California Assembly Select Committee on Social Housing. October 20, 2021.
https://www.assembly.ca.gov/media/assembly-select-committee-social-housing-20211020/video
AB 2053 (Lee) Page 5 of 13
and ownership by the government or a non-profit entity. Most of California’s
deed-restricted affordable housing is not publicly owned and the length of
affordability requirements varies, though permanent affordability is not required
in most cases.
Another variation of social housing involves making accommodations available
to all individuals regardless of their household income. In particular, Vienna,
Austria is often held up as an example of a large city with widespread mixed -
income social housing and an estimated 40% of the city’s housing stock is
social housing. In the Viennese model, higher income households pay market
rate rents which then subsidize the below market rents for lower-income
households. This mechanism is referred to as “cross-subsidization” and it is the
same logic that underlies California’s density bonus law, a policy that allows
residential developers to receive added density and other concessions and
incentives from a local government in exchange for building a certain
percentage of affordable units, and inclusionary housing ordinances, which
mandate housing developers build a cert ain percentage of affordable units or
pay in-lieu fees that are used to pay for future affordable housing.
3) Planning for housing and the RHNA process. California, along with the rest of
the country, generally relies on the private sector to develop its affordable
housing stock. However, cities and counties are required to plan for a certain
amount of housing development across various income categories. This
happens through “general plans” for future land use development that each city
and county’s legislative body adopts. Every general plan must include a
“housing element” that details existing housing conditions within the
jurisdiction, the need for new housing at various household income levels, and
the strategy that the jurisdiction will use to address that need. The need for new
housing is determined through the RHNA process, which involves three main
stages:
a) DOF and HCD develop regional housing needs estimates at four income
levels: very low-income, low-income, moderate-income, and above
moderate-income;
b) COGs use these estimates to allocate housing needs within each region to
cities and counties (HCD makes the determinations where a COG does not
exist); and
c) Cities and counties plan for accommodating these allocations in their
housing elements
Local governments must adopt a new housing element every eight years
(though some rural jurisdictions must do so every five). These adopted housing
elements must be approved by HCD, which must find them in “substantial
AB 2053 (Lee) Page 6 of 13
compliance” with the law. Every eight years a new RHNA cycle begins and the
process restarts. Currently the state is in the 6th RHNA cycle and housing
element updates in this cycle will also need to include information on steps the
local government is taking to affirmatively further fair housing objectives.
Each year, the local government’s planning agency must submit an APR to
HCD and OPR that documents implementation of its housing element and
progress towards meetings its RHNA target. The APR must include
information about all proposed and approved development projects, a list of
rezoned sites to accommodate housing for each income level, and information
on density bonus applications and approvals, among other provisions. The
APRs provide statewide and local data across California’s 539 cities and
counties which allow for tracking the amount, type, location, and affordability
of new housing development. In addition to providing completed residential
construction data in the jurisdiction, APRs also include data on the number
residential developments which are still in the initial permitting and entitlement
phases. It should be noted, HCD and OPR are unable validate the accuracy of
data submitted to them, as there is no comprehensive statewide parcel map for
comparison; therefore the quality of data submitted through APRs are an
important aspect to understanding how cities and counties are meeting RHNA.
4) Planning vs. building affordable housing. While the RHNA process requires
local governments to plan to address housing need in their jurisdiction, it does
not mean housing will actually get built. A number of factors affect housing
development and, in order to build affordable units for low-income and very
low-income households, government subsidies are generally needed to make
the project economically viable. According to the California Housing
Partnership Corporation (CHPC), while California has more than doubled its
production of deed-restricted affordable units in the prior three years, in 2021
the available public funding for affordable housing provided just 16% of the
units that would be needed to meet the state’s targets for low-income homes.2
The lack of affordable housing disproportionately impacts California’s most
economically-vulnerable households. According to data from the 2019
American Communities Survey, over half of the state’s renter households are
considered rent-burdened, which is defined as paying more than 30% of their
income towards housing costs. For low-income renter households in the state
the share of cost-burdened families is even higher at 80%. To address the
shortage of affordable housing options, California must plan for more than 2.5
2 California Housing Partnership. “California Affordable Housing Needs Report”. (March 2022)
https://1p08d91kd0c03rlxhmhtydpr-wpengine.netdna-ssl.com/wp-content/uploads/2022/03/California-Affordable-
Housing-Needs-Report-2022.pdf
AB 2053 (Lee) Page 7 of 13
million homes over the next eight years, and no less than one million of those
homes must meet the needs of lower-income households.3
5) Creation of the California Housing Authority (CHA). This bill proposes to
establish the California Housing Authority (CHA) as a new, independent entity
within the state government to develop social housing, which is defined as
mixed-income rental and ownership housing that is publicly owned and
permanently affordable. The CHA’s mission would be to close the gap between
a jurisdiction’s current level of housing production and their RHNA amount
while maintaining revenue neutrality. The CHA would be governed by a nine-
member board consisting of: three resident representatives living in CHA
accommodations, a housing development and finance expert, a housing
construction expert, a property maintenance expert, an appointee of the Speaker
of the Assembly, an appointee of the Senate Committee on Rules, and an
appointee of the Governor. Decisions would be made by majority vote of the
board and the board would also have the authority to appoint a board chair and
an executive officer.
6) Development of CHA housing. This bill specifies that the CHA could build
residential housing to make up the difference between a jurisdiction’s RHNA
and the actual amount of housing built. These calculations would be made
annually using each local government’s APR data beginning on January 1,
2027. Development would be prioritized on vacant parcels, surplus public
properties, and parcels near transit, though the bill does not indicate a particular
distance from transit or the frequency of transit service that would be required
for a parcel to be considered “near transit”. Additionally, underutilized parcels
(i.e., those containing fewer than the maximum number of allowable units per
the jurisdiction’s zoning) would be prioritized for CHA developments so long
as they do not contain rent controlled units or deed -restricted affordable
housing.
This bill requires the CHA to seek input from the local government about
certain aspects of a proposed development including the number of units and
the timeline for completing the project. When the CHA has multiple potential
sites for development in a jurisdiction it would need to defer to the local
government on their preferred site if property acquisition costs and amenities
are generally similar and if the site would allow the local government to meet
its RHNA targets. If a CHA development would lead to the displacement of
existing residents, those households would be eligible for relocation assistance
and would have the first right of refusal to live in a CHA housing unit. CHA
3 California Statewide Housing Plan. https://statewide-housing-plan-cahcd.hub.arcgis.com/
AB 2053 (Lee) Page 8 of 13
housing would use community workforce agreements to the maximum extent
feasible.
CHA housing developments are required to be mixed-income housing
developments, though the specific mix is not spelled out in the bill and there is
no intent language indicating minimum proportions of affordable units nor the
depth of affordability. The CHA also has the ability to develop mixed-use
buildings with commercial space that could be leased to small businesses and
nonprofits.
7) Policies governing residency in CHA-built housing. In CHA-built
developments individuals could either rent or purchase a unit through an
ownership model and the CHA unit would need to be the person’s sole
residence unless they fall into the above-moderate income category. In the
ownership model CHA provides the resident a 99-year lease and they would
need to commit to a minimum of five years of residency in the CHA building.
The ownership model requires a down payment of 15 % of the purchase price.
When a resident in the ownership model wishes to sell th eir unit, the CHA
would have first right of refusal to purchase the unit. If the CHA declines to
repurchase the unit then it can be resold to a qualified buyer in a manner that
allows the resident to have a reasonable return on investment. The bill states
that ownership units would be sold for the original purchase price plus
documented capital improvements and an adjustment for inflation.
Renters in CHA units would be required to commit to a year of residency,
though exceptions would be allowed in some cases such as illness or
employment changes. Renters living in CHA-owned properties are provided
tenant protections including protection against termination of tenancy without
just cause. Additionally, the bill specifies that each multifamily social housing
development produced by the CHA will have a resident governance council
elected by residents of the housing complex. Governance councils will host
regular meetings, interact with property management, handle budgeting for
development, and represent the community at biannual meetings with the CHA
board. Though the bill specifies that the governance council is made up of no
more than 10% of the overall population for development, it is unclear if this is
per unit or per resident. In a 20-unit building with only one individual per unit
there would be only two members on the council, which would pose an issue
for any decisions that the two members disagree on.
8) Financing start-up costs and revenue neutrality. This bill states that the CHA
would “seek to achieve” revenue neutrality over the long term, though it does
not specify the time-period over which revenue neutrality would be achieved
AB 2053 (Lee) Page 9 of 13
and does not guarantee that it will be achieved. Presumably a significant
amount of start-up capital would be needed to create the CHA itself and it
would have ongoing expenses including the costs of developing and managing
mixed-income housing, mortgage servicing, staff time, facilities, legal services,
and information technology.
This bill also includes language stating that it is the intent of the Legislature to
fund the CHA’s activities through the issuance of general obligations bonds,
though no specific timeline or dollar amount for bond issuance is included in
the bill text. However, because the Legislature lacks the ability to issue general
obligation bonds without voter approval another bill would need to pass with a
two-thirds vote of both houses of the Legislature to put the question of CHA
general obligation bond issuance before the voters.
Given that there is no other bill this legislative session proposing to put a CHA
general obligation bond measure to the voters, it is unclear where the initial
funds for the CHA would originate from. The Governor did not specify any
funding for social housing or for the creation of an entity like the CHA in his
January 2022 budget or May 2022 revision. The bill also includes language
giving the CHA the ability to issue revenue bonds that would ostensibly be
secured with the rental income generated from CHA-provided housing, but such
bonds could only be issued after a reliable stream of rental income is being
generated from CHA-owned properties. The author has made a budget request
for the initial startup costs and/or initial pre-development costs. Without further
specificity on initial start-up costs and the timeframe for achieving revenue
neutrality it is challenging to predict the amount of housing the CHA could be
reasonably expected to produce.
9) Location of CHA developments. While the bill includes some parameters the
CHA would need to use for site selection for its developments (i.e., vacant
parcels, ones near transit), the author may wish to consider further expanding
these provisions. Since it is generally rare for a city or county to meet its
RHNA goals the CHA could theoretically build in wide swaths of the state.
However, it may be beneficial to prioritize CHA development in high-
opportunity areas and locations that have been identified as beneficial for
climate mitigation and adaption goals. For example, urban infill locations with
low existing per capita vehicle miles traveled would be preferable from a
climate change mitigation perspective relative to more remote suburban or rural
locations that are heavily dependent on automobiles.
10) Addressing displacement concerns. The bill currently contains protections
for existing residents living on sites the CHA develops, but new housing can
AB 2053 (Lee) Page 10 of 13
also affect neighboring residents and the larger community. To the extent CHA
developments must include a high proportion of market rate units to achieve
revenue neutrality, the result may be a program that disproportionately benefits
moderate-income and higher income Californians. In an attempt to ensure that
CHA developments do not adversely impact vuln erable low and moderate-
income communities, the bill requires an annual report analyzing the effect of
CHA’s developments on gentrification.
11) The CHA and social housing in the context of other efforts to address the
housing crisis. There are exiting processing underway to increase coordination
amongst state agencies. For example, AB 434 (Daly), Chapter 192, Statutes of
2020, required HCD to align several rental housing programs administered by
HCD with the Multifamily Housing Program (MHP), to allow HCD to issue a
single application and scoring system for making coordinated awards under
seven different programs. As a result of this bill, HCD recently released the
guidelines for the first MHP “super Notice of Funding Availability (NOFA)” to
allow developers to apply for seven different affordable rental programs at one
time, beginning in the spring of 2022. This committee is also considering AB
2305 (Grayson) this year which would create a committee for allocating state-
controlled resources for affordable housing.
On the other hand, the CHA would generally not be aiming to duplicate the
funding, oversight, policy, or technical assistance work of other state housing
entities. Instead it seeks to do something the state has never attempted to do:
build large amounts of permanently affordable mixed-income rental and
ownership housing to close the gap between actual housing production and the
estimated need for additional housing in a community. This may prove to be a
tall order for a state, which has a decidedly mixed record with delivering
ambitious new programs and infrastructure in recent decades.
This bill proposes creating a new entity to take on housing development and
ongoing management of properties it builds. There may be cost savings and
potential efficiencies in state-sponsored housing development through the CHA,
but it could also end up costing more to establish a new entity that would be
taking on work state governments have not typically engaged in.
12) Opposition. The California Association of Realtors writes in opposition to
the bill that it “will create a new and expensive bureaucracy, as well as
unintended adverse consequences for the housing market.” Their letter further
notes that the bill “runs contrary to the Legislature’s recent efforts to streamline
housing programs” and that the bill would reduce local property tax revenue
since CHA developments, including ones with market rate units, would
presumably not pay property taxes. The Regional Council of the Southern
AB 2053 (Lee) Page 11 of 13
California Association of Governments (SCAG) also writes in opposition, with
similar concerns as the Realtors, arguing for more funding for existing
programs rather than creating another housing agency.
13) Triple-referral. Due to the COVID-19 Pandemic and the unprecedented
nature of the 2021 Legislative Session, all Senate Policy Committees are
working under a compressed timeline. This timeline does not allow this bill to
be referred and heard by more than two committees as a typical timel ine would
allow. This bill will go to the Senate Governance and Finance Committee next.
The referral to the Senate Labor, Public Employment and Retirement
Committee was rescinded.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
POSITIONS: (Communicated to the committee before noon on Wednesday,
June 15, 2022.)
SUPPORT:
East Bay for Everyone (Co-Sponsor)
San Jose State University Human Rights Institute (Co-Sponsor)
YIMBY Action (Co-Sponsor)
Abundant Housing LA
Aids Healthcare Foundation
Alameda County Democratic Party
Autistic People of Color Fund
California Apartment Association
California State Council of Laborers
California State Council of Service Employees International Union (SEIU
California)
California YIMBY
City of Berkeley
Climate Resolve
Common Ground California
Council Member Zach Hilton, City of Gilroy
Councilmember Sean Elo-rivera, City of San Diego, District 9
Councilmember Terry Taplin, City of Berkeley
Culver City Democratic Club
Culver City for More Homes
Davis College Democrats
DSA - Santa Barbara
East Bay YIMBY
AB 2053 (Lee) Page 12 of 13
First 5 Alameda County
Freemont for Everyone
Green Party of Santa Clara County CA
Greenbelt Alliance
Housing Action Coalition
Housing Is a Human Right
Indivisible CA Statestrong
Indivisible CA-37
Indivisible Sacramento
Indivisible San Francisco
Indivisible South Bay LA
Indivisible Yolo
Los Angeles County Democratic Party
Mountain View YIMBY
Neighborly Santa Cruz
Peninsula for Everyone
Progressive Zionists of California
San Francisco YIMBY
Santa Cruz YIMBY
Sierra Club California
South Bay YIMBY
South Pasadena Residents for Responsible Growth
Sunrise Silicon Valley
Sv@home Action Fund
Tenderloin Housing Clinic
Westside Young Democrats
Yimby Democrats of San Diego County
YIMBY SLO
OPPOSITION:
California Association of Realtors
Catalysts for Local Control
City of Thousand Oaks
Hills 2000 Friends of The Hills
Resident Information Resource of Santa Monica
Save Lafayette
Southern California Association Of Governments (SCAG)
Sunset Square Neighborhood Organization
United Neighbors
Village At Sherman Oaks Business Improvement District
AB 2053 (Lee) Page 13 of 13
-- END --
AMENDED IN SENATE JUNE 13, 2022
AMENDED IN ASSEMBLY MAY 19, 2022
AMENDED IN ASSEMBLY APRIL 18, 2022
AMENDED IN ASSEMBLY MARCH 22, 2022
california legislature—2021–22 regular session
ASSEMBLY BILL No. 2237
Introduced by Assembly Member Friedman
(Coauthor: Senator Allen)
February 16, 2022
An act to amend Section 65082 of, and to add Section 65082.5 to,
the Government Code, and to add Section 168 to the Streets and
Highways Code, relating to transportation planning. transportation.
legislative counsel’s digest
AB 2237, as amended, Friedman. Transportation planning: regional
transportation improvement plan: sustainable communities strategies:
climate goals. alternative planning strategy: state transportation
funding.
Existing law requires certain transportation planning agencies to
prepare and adopt regional transportation plans directed at achieving a
coordinated and balanced regional transportation system. Existing law
requires each regional transportation plan to also include a sustainable
communities strategy prepared by each metropolitan planning
organization.. organization in order to, among other things, achieve
certain targets established by the State Air Resources Board for the
reduction of greenhouse gas emissions from automobiles and light
trucks in the region for 2020 and 2035, respectively. Existing law, to
95
the extent the sustainable communities strategy is unable to achieve the
greenhouse gas emissions reduction targets, requires the affected
metropolitan planning organization to prepare an alternative planning
strategy showing how the targets may be achieved through alternative
development patterns, infrastructure, or additional transportation
measures or policies.
Existing law requires each regional transportation planning agency
or county transportation commission to biennially adopt and submit to
the California Transportation Commission and the Department of
Transportation a 5-year regional transportation improvement program
that includes, among other things, regional transportation improvement
projects and programs proposed to be funded, in whole or in part, in
the state transportation improvement program.
This bill would require that those projects and programs included in
each regional transportation improvement program also be consistent
with the most recently prepared sustainable communities strategy of
the regional transportation planning agency or county transportation
commission and the state’s climate goals, as defined. The bill would
require each regional transportation planning agency or county
transportation commission to rank all transportation projects and
prioritize projects based on adherence to its most recently adopted
sustainable communities strategy and the state’s climate goals, prioritize
funding and implementing projects in the order of prioritization, and
submit the prioritized list to the state board and the California
Transportation Commission. The bill would require the state board, in
consultation with the commission, to determine whether those projects
and programs are consistent with the sustainable communities strategy
and the state’s climate goals, and would prohibit a regional
transportation planning agency or county transportation commission
from funding inconsistent projects or programs, as specified.
commission, or, if applicable, the alternative planning strategy, and
state and federal air quality standards. The bill would prohibit funds
collected from any local transportation tax measure passed on or after
January 1, 2023, from being spent until the transportation projects or
programs to be funded by the tax measure are included in the most
recently adopted sustainable communities strategy of the applicable
regional transportation planning agency or county transportation
commission or, if applicable, the alternative planning strategy. The bill
would also prohibit the expenditure of funds from local tax measures
that passed before January 1, 2023, but that exclusively provide for the
95
— 2 — AB 2237
collection and expenditure of funds on or after January 1, 2023, until
the transportation projects or programs to be funded by the tax measure
are included in the most recently adopted sustainable communities
strategy, or, if applicable, the alternative planning strategy.
The bill would also require each regional transportation planning
agency or county transportation commission to submit a report on local
transportation tax measures to the California Transportation Commission
on or before March 30, 2023, as provided. The bill would require the
commission, in consultation with the state board, to propose
recommendations on alignment of local tax measures with the state’s
climate goals. The bill would require, to the extent permitted by the
local tax measures, projects funded by local tax measures to be included
in regional transportation plans and to adhere to the most recently
adopted sustainable communities strategy of the applicable regional
transportation agency or county transportation commission and the
state’s climate goals.
By imposing additional requirements on local government, including
regional transportation planning agencies and county transportation
commissions, this bill would impose a state-mandated local program.
Existing law authorizes the Department of Transportation to do any
act necessary, convenient, or proper for the construction, improvement,
maintenance, or use of all highways that are under its jurisdiction,
possession, or control. Existing law requires the department to prepare
and submit to the Governor a proposed budget, as provided.
This bill would prohibit state funds from being used for a project that
increases single-occupancy vehicle capacity, unless the project is
included in an adopted sustainable communities strategy, or, if
applicable, alternative planning strategy, provides sufficient enforceable
mitigation to ensure that including the project in the sustainable
communities strategy or alternative planning strategy will not increase
the emissions of greenhouse gases, and the metropolitan planning
organization finds that the project helps advance other regional goals,
as provided.
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.
95
AB 2237 — 3 —
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 65082 of the Government Code is
line 2 amended to read:
line 3 65082. (a) For purposes of this section, the following
line 4 definitions apply: “regional transportation planning agency or
line 5 county transportation commission” means a regional
line 6 transportation planning agency or county transportation
line 7 commission required to adopt and submit a regional transportation
line 8 improvement program to the California Transportation
line 9 Commission and the Department of Transportation pursuant to
line 10 Section 14527.
line 11 (1) “Regional transportation planning agency or county
line 12 transportation commission” means a regional transportation
line 13 planning agency or county transportation commission required to
line 14 adopt and submit a regional transportation improvement program
line 15 to the California Transportation Commission and the Department
line 16 of Transportation pursuant to Section 14527.
line 17 (2) “State’s climate goals” means the goals expressed in any of
line 18 the following:
line 19 (A) Climate Action Plan for Transportation Infrastructure
line 20 prepared by the Transportation Agency, including the guiding
line 21 principles in the final draft as adopted by the Transportation
line 22 Agency and endorsed by the California Transportation Commission
line 23 in July 2021.
line 24 (B) State and federal air quality standards set by the federal
line 25 Clean Air Act (42 U.S.C. Sec. 7401 et seq.), including all state
line 26 ambient air quality standards, as set forth in Section 70200 of Title
line 27 17 of the California Code of Regulations, and national ambient air
line 28 quality standards, as established pursuant to Section 7409 of Title
line 29 42 of the United States Code, in all areas of the state, as described
line 30 in California’s state implementation plans required by the federal
line 31 Clean Air Act (42 U.S.C. Sec. 7401 et seq.).
line 32 (C) Senate Bill 375 (Chapter 728 of the Statutes of 2008).
line 33 (D) Senate Bill 32 (Chapter 249 of the Statutes of 2016).
line 34 (b) (1) Each regional transportation planning agency or county
line 35 transportation commission shall prepare, adopt, and submit a
95
— 4 — AB 2237
line 1 five-year regional transportation improvement program to the
line 2 California Transportation Commission on or before December 15
line 3 of each odd-numbered year thereafter, updated every two years,
line 4 pursuant to Sections 65080 and 65080.5 and the guidelines adopted
line 5 pursuant to Section 14530.1, to include regional transportation
line 6 improvement projects and programs it proposes to be funded, in
line 7 whole or in part, in the state transportation improvement program
line 8 and that are consistent with its most recently prepared sustainable
line 9 communities strategy and the state’s climate goals. strategy, or, if
line 10 required by subparagraph (I) of paragraph (2) of subdivision (b)
line 11 of Section 65080, alternative planning strategy, and the state and
line 12 federal air quality standards set by the federal Clean Air Act (42
line 13 U.S.C. Sec. 7401 et seq.).
line 14 (2) Major projects shall include current costs updated as of
line 15 November 1 of the year of submittal and escalated to the
line 16 appropriate year, and be listed by relative priority, taking into
line 17 account need, delivery milestone dates, and the availability of
line 18 funding.
line 19 (c) Except for those counties that do not prepare a congestion
line 20 management program pursuant to Section 65088.3, congestion
line 21 management programs adopted pursuant to Section 65089 shall
line 22 be incorporated into the regional transportation improvement
line 23 program submitted to the commission by December 15 of each
line 24 odd-numbered year.
line 25 (d) Local projects not included in a congestion management
line 26 program shall not be included in the regional transportation
line 27 improvement program. Projects and programs adopted pursuant
line 28 to subdivision (b) shall be consistent with the capital improvement
line 29 program adopted pursuant to paragraph (5) of subdivision (b) of
line 30 Section 65089, and the guidelines adopted pursuant to Section
line 31 14530.1.
line 32 (e) Other projects may be included in the regional transportation
line 33 improvement program if listed separately.
line 34 (f) Unless a county not containing urbanized areas of over
line 35 50,000 population notifies the Department of Transportation by
line 36 July 1 that it intends to prepare a regional transportation
line 37 improvement program for that county, the department shall, in
line 38 consultation with the affected local agencies, prepare the program
line 39 for all counties for which it prepares a regional transportation plan.
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AB 2237 — 5 —
line 1 (g) The requirements for incorporating a congestion management
line 2 program into a regional transportation improvement program
line 3 specified in this section do not apply in those counties that do not
line 4 prepare a congestion management program in accordance with
line 5 Section 65088.3.
line 6 (h) The regional transportation improvement program may
line 7 include a reserve of county shares for providing funds in order to
line 8 match federal funds.
line 9 SEC. 2. Section 65082.5 is added to the Government Code, to
line 10 read:
line 11 65082.5. (a) For purposes of this section, the following
line 12 definitions apply: “regional transportation planning agency or
line 13 county transportation commission” has the same meaning as
line 14 defined in Section 65082.
line 15 (1) “Regional transportation planning agency or county
line 16 transportation commission” has the same meaning as defined in
line 17 Section 65082.
line 18 (2) “State’s climate goals” has the same meaning as defined in
line 19 Section 65082.
line 20 (b) (1) Each regional transportation planning agency or county
line 21 transportation commission shall rank all transportation projects
line 22 and prioritize projects based on their adherence to its most recently
line 23 adopted sustainable communities strategy and the state’s climate
line 24 goals. Ranked projects shall accelerate sustainable communities
line 25 strategies implementation and shall not induce vehicle miles
line 26 traveled. Each regional transportation planning agency or county
line 27 transportation commission shall fund and implement projects in
line 28 the order of prioritization.
line 29 (2) Each regional transportation planning agency or county
line 30 transportation commission shall submit the prioritized list
line 31 developed pursuant to paragraph (1) to the State Air Resources
line 32 Board and the California Transportation Commission. This
line 33 prioritized list shall be due according to the same timeline as the
line 34 applicable sustainable communities strategy described in paragraph
line 35 (2) of subdivision (b) of Section 65080.
line 36 (c) Upon receiving a list submitted pursuant to subdivision (b),
line 37 the State Air Resources Board, in consultation with the California
line 38 Transportation Commission, shall determine whether each project
line 39 is consistent with the most recently adopted sustainable
line 40 communities strategy of the regional transportation planning
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— 6 — AB 2237
line 1 agency or county transportation commission and the state’s climate
line 2 goals.
line 3 (d) (1) Each regional transportation planning agency or county
line 4 transportation commission shall submit a report on local
line 5 transportation tax measures to the California Transportation
line 6 Commission on or before March 30, 2023. This report shall include
line 7 all of the following information:
line 8 (A) The text of the local transportation tax measure.
line 9 (B) A description of whether the local transportation tax measure
line 10 aligns with the most recently adopted sustainable communities
line 11 strategy and the state’s climate goals.
line 12 (C) A description of the transportation projects funded by the
line 13 local transportation tax measure.
line 14 (D) A timeline of the transportation projects, including when
line 15 they were passed and when they will expire.
line 16 (2) The California Transportation Commission, in consultation
line 17 with the State Air Resources Board, shall conduct an analysis and
line 18 propose recommendations on alignment of local tax measures with
line 19 the state’s climate goals.
line 20 (e) Projects funded by local tax measures shall, to the extent
line 21 permitted by the terms of the local tax measures, be included in
line 22 the regional transportation plans prepared pursuant to Section
line 23 65080 and adhere to the most recently adopted sustainable
line 24 communities strategy of the applicable regional transportation
line 25 agency or county transportation commission and the state’s climate
line 26 goals.
line 27 (f) Regional transportation planning agencies or county
line 28 transportation commissions that approve projects that adhere to
line 29 their most recently adopted sustainable communities strategies
line 30 and the state’s climate goals shall, upon appropriation by the
line 31 Legislature, receive additional funds from surplus state
line 32 transportation funds and federal funds.
line 33 (g) A regional transportation planning agency or county
line 34 transportation commission shall not fund a project or program
line 35 determined to be inconsistent with its most recently adopted
line 36 sustainable communities strategy or the state’s climate goals
line 37 pursuant to subdivision (c).
line 38 (b) (1) Funds collected from any local transportation tax
line 39 measure passed on or after January 1, 2023, shall not be spent
line 40 until the transportation projects or programs to be funded by the
95
AB 2237 — 7 —
line 1 tax measure are included in the most recently adopted sustainable
line 2 communities strategy, or, if required by subparagraph (K) of
line 3 paragraph (2) of subdivision (b) of Section 65080, the alternative
line 4 planning strategy, of the applicable regional transportation
line 5 planning agency or county transportation commission.
line 6 (2) If a local tax measure is passed before January 1, 2023, but
line 7 the entirety of the collection and expenditure of funds for the
line 8 projects related to that tax measure is scheduled to occur on or
line 9 after January 1, 2023, then those funds collected from that tax
line 10 measure shall not be spent until the transportation projects or
line 11 programs to be funded by the tax measure are included in the most
line 12 recently adopted sustainable communities strategy, or, if required
line 13 by subparagraph (K) of paragraph (2) of subdivision (b) of Section
line 14 65080, the alternative planning strategy, of the applicable regional
line 15 transportation planning agency or county transportation
line 16 commission.
line 17 SEC. 3. Section 168 is added to the Streets and Highways Code,
line 18 to read:
line 19 168. (a) The state shall not use state funds from any source
line 20 for any project that increases single-occupancy vehicle capacity,
line 21 unless all of the following occur:
line 22 (1) The project is included in an adopted sustainable
line 23 communities strategy described in Section 65080 of the
line 24 Government Code, or, if required by subparagraph (I) of
line 25 paragraph (2) of subdivision (b) of Section 65080 of the
line 26 Government Code, alternative planning strategy.
line 27 (2) The project provides sufficient enforceable mitigation to
line 28 ensure that including the project in the sustainable communities
line 29 strategy or, if applicable, alternative planning strategy will not
line 30 increase emissions of greenhouse gases.
line 31 (3) The metropolitan planning organization that developed the
line 32 sustainable communities strategy or, if applicable, the alternative
line 33 planning strategy, makes findings that the project helps advance
line 34 other regional goals, including, but not limited to, safety, freight
line 35 travel, maintenance, or equity.
line 36 (b) Nothing in this section shall alter or change the requirements
line 37 of Senate Bill 1 of the 2017–18 Regular Session.
line 38 SEC. 3.
line 39 SEC. 4. If the Commission on State Mandates determines that
line 40 this act contains costs mandated by the state, reimbursement to
95
— 8 — AB 2237
line 1 local agencies and school districts for those costs shall be made
line 2 pursuant to Part 7 (commencing with Section 17500) of Division
line 3 4 of Title 2 of the Government Code.
O
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AB 2237 — 9 —
AMENDED IN SENATE JUNE 16, 2022
AMENDED IN ASSEMBLY MARCH 21, 2022
california legislature—2021–22 regular session
ASSEMBLY BILL No. 2438
Introduced by Assembly Member Friedman
February 17, 2022
An act to amend Sections 14526.4, 14526.5, 14529, 14530.1, 14530.1
and 65072 of, and to add and repeal Section 13978.7 of, Sections 13985,
14011.5, and 14524.5 to, the Government Code, and to amend Sections
164.6, 2033, 2034, 2192, 2394, 2391, and 2396 of, and to add Section
2103.5 to, of the Streets and Highways Code, relating to transportation.
legislative counsel’s digest
AB 2438, as amended, Friedman. Transportation funding: alignment
with state plans and greenhouse gas emissions reduction standards.
guidelines and plans.
(1) Existing law provides for the funding of projects on the state
highway system and other transportation improvements, including under
the state interregional transportation improvement program, the state
highway operation and protection program, the Solutions for Congested
Corridors Program, the Trade Corridor Enhancement Program, and the
program within the Road Maintenance and Rehabilitation Program
commonly known as the Local Partnership Program.
This bill would require the agencies that administer those programs
to revise the guidelines or plans applicable to those programs to ensure
that projects included in the applicable program align with the California
Transportation Plan, the Climate Action Plan for Transportation
Infrastructure adopted by the Transportation Agency, and specified
97
greenhouse gas emissions reduction standards. require, no later than
January 1, 2024, the guidelines or plans applicable to those programs
to include the strategies established in the Climate Action Plan for
Transportation Infrastructure adopted by the Transportation Agency.
The bill would also require the Transportation Agency, the California
Transportation Commission, and the Department of Transportation,
no later than January 1, 2024, to each establish guidelines to ensure
transparency and accountability for the transportation funding programs
that they respectively administer and for the project selection processes
applicable to those programs. The bill would require those guidelines
to meet certain requirements and would require those agencies to hold
public workshops to solicit input before establishing the guidelines.
The bill would require the Transportation Agency, the Department
of Transportation, and the California Transportation Commission, in
consultation with the State Air Resources Board and the Strategic
Growth Council, to jointly prepare and submit a report to the Legislature
on or before January 1, 2025, that comprehensively reevaluates
transportation program funding levels, projects, and eligibility criteria
with the objective of aligning the largest funding programs with the
goals set forth in the above-described plans and away from projects that
increase vehicle capacity.
(2) Existing law provides for the apportionment of funding to cities
and counties, including under the program within the Road Maintenance
and Rehabilitation Program commonly known as the Local Streets and
Roads Program, for local streets and roads and other transportation
improvements.
This bill would require funds apportioned to cities or counties under
the Local Streets and Roads Program to be expended consistent with
the California Transportation Plan, the Climate Action Plan for
Transportation Infrastructure adopted by the Transportation Agency,
and specified greenhouse gas emissions reduction standards. The bill
would also express Legislative intent that other funds apportioned to
cities and counties for these purposes be expended consistent with those
plans and standards.
The bill, with regard to the Solutions for Congested Corridors
Program, would require a project that receives funding under the
program to be part of a comprehensive multimodal corridor plan rather
than a comprehensive corridor plan.
(3)
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— 2 — AB 2438
(2) Existing law requires the Department of Transportation to prepare
the California Transportation Plan for submission to the Governor and
the Legislature, to complete the 3rd update to the plan by December
31, 2025, and to update the plan every 5 years thereafter, as a long-range
planning document that incorporates various elements and is consistent
with specified expressions of legislative intent.
This bill would also require the California Transportation Plan to
include a financial element that summarizes the full cost of plan
implementation constrained by a realistic projection of available
revenues. The bill would require the financial element to also contain
recommendations for allocation of funds. implementation, a summary
of available revenues through the planning period, and an analysis of
what is feasible within the plan if constrained by a realistic projection
of available revenues.
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 13978.7 is added to the Government
line 2 Code, to read:
line 3 13978.7. (a) (1) The agency, the Department of
line 4 Transportation, and the California Transportation Commission, in
line 5 consultation with the State Air Resources Board and the Strategic
line 6 Growth Council, shall jointly prepare and submit a report to the
line 7 Legislature on or before January 1, 2025, that comprehensively
line 8 reevaluates transportation program funding levels, projects, and
line 9 eligibility criteria with the objective of aligning the largest funding
line 10 programs with the goals set forth in the Climate Action Plan for
line 11 Transportation Infrastructure adopted by the agency and the
line 12 California Transportation Plan updated pursuant to Chapter 2.3
line 13 (commencing with Section 65070) of Division 1 of Title 7 and
line 14 away from projects that increase vehicle capacity.
line 15 (2) The report shall identify statutory changes that need to be
line 16 enacted to accomplish the objective described in paragraph (1)
line 17 and changes that can be accomplished through state agency action
line 18 without statutory changes.
line 19 (b) (1) A report to be submitted pursuant to subdivision (a)
line 20 shall be submitted in compliance with Section 9795.
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AB 2438 — 3 —
line 1 (2) Pursuant to Section 10231.5, this section is repealed on
line 2 January 1, 2029.
line 3 SEC. 2. Section 14526.4 of the Government Code is amended
line 4 to read:
line 5 14526.4. (a) The department, in consultation with the
line 6 commission, shall prepare a robust asset management plan to guide
line 7 selection of projects for the state highway operation and protection
line 8 program required by Section 14526.5. The asset management plan
line 9 shall be consistent with any applicable state and federal
line 10 requirements.
line 11 (b) The department may prepare the asset management plan in
line 12 phases, with the first phase to be implemented with the 2016 state
line 13 highway operation and protection program, and the complete asset
line 14 management plan to be prepared no later than the 2020 state
line 15 highway operation and protection program.
line 16 (c) The department shall prepare revisions to the asset
line 17 management plan to ensure that a project selected for the state
line 18 highway operation and protection program and the complete
line 19 program of projects selected for the state highway operation and
line 20 protection program align with all of the following:
line 21 (1) The California Transportation Plan updated pursuant to
line 22 Chapter 2.3 (commencing with Section 65070) of Division 1 of
line 23 Title 7.
line 24 (2) The Climate Action Plan for Transportation Infrastructure
line 25 adopted by the Transportation Agency.
line 26 (3) The greenhouse gas emissions reduction standards set forth
line 27 in the California Global Warming Solutions Act of 2006 (Division
line 28 25.5 (commencing with Section 38550) of the Health and Safety
line 29 Code) and Senate Bill 375 (Chapter 728 of the Statutes of 2008).
line 30 (d) In connection with the asset management plan, the
line 31 commission shall do both of the following:
line 32 (1) Adopt targets and performance measures reflecting state
line 33 transportation goals and objectives.
line 34 (2) Review and approve the asset management plan, including
line 35 the final version of the first phase, the complete plan prepared by
line 36 the department pursuant to subdivision (b), and the revisions
line 37 prepared by the department pursuant to subdivision (c).
line 38 (e) As used in this section, “asset management plan” means a
line 39 document assessing the health and condition of the state highway
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line 1 system with which the department is able to determine the most
line 2 effective way to apply the state’s limited resources.
line 3 SEC. 3. Section 14526.5 of the Government Code is amended
line 4 to read:
line 5 14526.5. (a) Based on the asset management plan prepared
line 6 and approved pursuant to Section 14526.4, the department shall
line 7 prepare a state highway operation and protection program for the
line 8 expenditure of transportation funds for major capital improvements
line 9 that are necessary to preserve and protect the state highway system.
line 10 Projects included in the program shall be limited to improvements
line 11 relative to the maintenance, safety, operation, and rehabilitation
line 12 of state highways and bridges that do not add a new traffic lane to
line 13 the system. A project may only be included in the state highway
line 14 operation and protection program if it is consistent with the
line 15 guidelines adopted pursuant to subdivision (c) of Section 14526.4.
line 16 (b) The program shall include projects that are expected to be
line 17 advertised prior to July 1 of the year following submission of the
line 18 program, but that have not yet been funded. The program shall
line 19 include those projects for which construction is to begin within
line 20 four fiscal years, starting July 1 of the year following the year the
line 21 program is submitted.
line 22 (c) (1) The department, at a minimum, shall specify, for each
line 23 project in the state highway operation and protection program, the
line 24 capital and support budget, as applicable, for each of the following
line 25 project phases:
line 26 (A) Project approval and environmental documents, support
line 27 only.
line 28 (B) Plans, specifications, and estimates, support only.
line 29 (C) Rights-of-way.
line 30 (D) Construction.
line 31 (2) The department shall specify, for each project in the state
line 32 highway operation and protection program, a projected delivery
line 33 date for each of the following components:
line 34 (A) Project approval and environmental document completion.
line 35 (B) Plans, specifications, and estimates completion.
line 36 (C) Right-of-way certification.
line 37 (D) Start of construction.
line 38 (d) The department shall submit its proposed program to the
line 39 commission not later than January 31 of each even-numbered year.
line 40 Prior to submitting its proposed program, the department shall
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AB 2438 — 5 —
line 1 make a draft of its proposed program available to transportation
line 2 planning agencies for review and comment and shall include the
line 3 comments in its submittal to the commission. The department shall
line 4 provide the commission with detailed information for all
line 5 programmed projects on cost, scope, schedule, and performance
line 6 metrics as determined by the commission.
line 7 (e) The commission shall review the proposed program relative
line 8 to its overall adequacy, consistency with the asset management
line 9 plan prepared and approved pursuant to Section 14526.4 and
line 10 funding priorities established in Section 167 of the Streets and
line 11 Highways Code, the level of annual funding needed to implement
line 12 the program, and the impact of those expenditures on the state
line 13 transportation improvement program. The commission shall adopt
line 14 the program and submit it to the Legislature and the Governor not
line 15 later than April 1 of each even-numbered year. The commission
line 16 may decline to adopt the program if the commission determines
line 17 that the program is not sufficiently consistent with the asset
line 18 management plan prepared and approved pursuant to Section
line 19 14526.4.
line 20 (f) As part of the commission’s review of the program required
line 21 pursuant to subdivision (a), the commission shall hold at least one
line 22 hearing in northern California and one hearing in southern
line 23 California regarding the proposed program.
line 24 (g) On or after July 1, 2017, to provide sufficient and transparent
line 25 oversight of the department’s capital outlay support resources
line 26 composed of both state staff and contractors, the commission shall
line 27 be required to allocate the department’s capital outlay support
line 28 resources by project phase, including preconstruction. Through
line 29 this action, the commission will provide public transparency for
line 30 the department’s budget estimates by increasing assurance that the
line 31 annual budget forecast is reasonable. The commission shall develop
line 32 guidelines, in consultation with the department, to implement this
line 33 subdivision. Guidelines adopted by the commission to implement
line 34 this subdivision shall be exempt from the Administrative Procedure
line 35 Act (Chapter 3.5 (commencing with Section 11340) of Part 1).
line 36 (h) Beginning July 1, 2017, for a project that experiences
line 37 increases in capital or support costs above the amounts in the
line 38 commission’s allocation pursuant to subdivision (g), the
line 39 commission shall establish a threshold for requiring a supplemental
line 40 project allocation. The commission’s guidelines adopted pursuant
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line 1 to subdivision (g) shall also establish the threshold that the
line 2 commission determines is necessary to ensure efficiency and may
line 3 provide exceptions as necessary so that projects are not
line 4 unnecessarily delayed.
line 5 (i) The department, for each project requiring a supplemental
line 6 project allocation pursuant to subdivision (h), shall submit a request
line 7 to the commission for its approval.
line 8 (j) Expenditures for these projects shall not be subject to
line 9 Sections 188 and 188.8 of the Streets and Highways Code.
line 10 SEC. 4. Section 14529 of the Government Code is amended
line 11 to read:
line 12 14529. (a) The state transportation improvement program shall
line 13 include a listing of all capital improvement projects that are
line 14 expected to receive an allocation of state transportation funds under
line 15 Section 164 of the Streets and Highways Code, including revenues
line 16 from transportation bond acts, from the commission during the
line 17 following five fiscal years. It shall include, and be limited to, the
line 18 projects to be funded with the following:
line 19 (1) Interregional improvement funds.
line 20 (2) Regional improvement funds.
line 21 (b) For each project, the program shall specify the allocation or
line 22 expenditure amount and the allocation or expenditure year for each
line 23 of the following project components:
line 24 (1) Completion of all permits and environmental studies.
line 25 (2) Preparation of plans, specifications, and estimates.
line 26 (3) The acquisition of rights-of-way, including, but not limited
line 27 to, support activities.
line 28 (4) Construction and construction management and engineering,
line 29 including surveys and inspection.
line 30 (c) Funding for right-of-way acquisition and construction for a
line 31 project may be included in the program only if the commission
line 32 makes a finding that the sponsoring agency will complete the
line 33 environmental process and can proceed with right-of-way
line 34 acquisition or construction within the five-year period. An
line 35 allocation for right-of-way acquisition or construction shall not be
line 36 made until the completion of the environmental studies and the
line 37 selection of a preferred alternative.
line 38 (d) The commission shall adopt and submit to the Legislature
line 39 and the Governor, not later than April 1 of each even-numbered
line 40 year, a state transportation improvement program. The program
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AB 2438 — 7 —
line 1 shall cover a period of five years, beginning July 1 of the year it
line 2 is adopted, and shall be a statement of intent by the commission
line 3 for the allocation or expenditure of funds during those five years.
line 4 The program shall include projects that are expected to receive
line 5 funds before July 1 of the year of adoption, but for which the
line 6 commission has not yet allocated funds.
line 7 (e) (1) The projects included in the adopted state transportation
line 8 improvement program shall be limited to those projects submitted
line 9 or recommended pursuant to Sections 14526 and 14527. The total
line 10 amount programmed in each fiscal year for each program category
line 11 shall not exceed the amount specified in the fund estimate adopted
line 12 under Section 14525.
line 13 (2) A project may only be included in the state transportation
line 14 improvement program if it is consistent with the guidelines adopted
line 15 pursuant to subdivision (c) of Section 14530.1.
line 16 (f) The state transportation improvement program is a resource
line 17 management document to assist the state and local entities to plan
line 18 and implement transportation improvements and to use available
line 19 resources in a cost-effective manner. It is a document for each
line 20 county and each region to declare their intent to use available state
line 21 and federal funds in a timely and cost-effective manner.
line 22 (g) Before the adoption of the state transportation improvement
line 23 program, the commission shall hold not less than one hearing in
line 24 northern California and one hearing in southern California to
line 25 reconcile any objections by any county or regional agency to the
line 26 department’s program or the department’s objections to any
line 27 regional program.
line 28 (h) The commission shall incorporate projects that are included
line 29 in the regional transportation improvement program and are to be
line 30 funded with regional improvement funds, unless the commission
line 31 finds that the regional transportation improvement program is
line 32 inconsistent with paragraph (2) of subdivision (e), is inconsistent
line 33 with the guidelines adopted by the commission, or is not a
line 34 cost-effective expenditure of state funds, in which case the
line 35 commission may reject the regional transportation improvement
line 36 program in its entirety. The finding shall be based on an objective
line 37 analysis, including, but not limited to, travel forecast, cost, and air
line 38 quality. The commission shall hold a public hearing in the affected
line 39 county or region before rejecting the program, or not later than 60
line 40 days after rejecting the program. If a regional transportation
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line 1 improvement program is rejected, the regional entity may submit
line 2 a new regional transportation improvement program for inclusion
line 3 in the state transportation improvement program. The commission
line 4 shall not reject a regional transportation improvement program
line 5 unless, not later than 60 days after the date it received the program,
line 6 it provided notice to the affected agency that specified the factual
line 7 basis for its proposed action.
line 8 (i) A project may be funded with more than one of the program
line 9 categories listed in Section 164 of the Streets and Highways Code.
line 10 (j) Notwithstanding any other law, local or regional matching
line 11 funds shall not be required for projects that are included in the
line 12 state transportation improvement program.
line 13 (k) The commission may include a project recommended by a
line 14 regional transportation planning agency or county transportation
line 15 commission pursuant to subdivision (c) of Section 14527, if the
line 16 commission makes a finding, based on an objective analysis, that
line 17 the recommended project is more cost-effective than a project
line 18 submitted by the department pursuant to Section 14526.
line 19 SECTION 1. Section 13985 is added to the Government Code,
line 20 immediately following Section 13984, to read:
line 21 13985. (a) No later than January 1, 2024, the agency shall
line 22 establish guidelines to ensure transparency and accountability for
line 23 the transportation funding programs it administers, including, but
line 24 not limited to, the Transit and Intercity Rail Capital Program (Part
line 25 2 (commencing with Section 75220) of Division 44 of the Public
line 26 Resources Code), and for the project selection processes applicable
line 27 to the transportation funding programs it administers.
line 28 (b) The guidelines required by this section shall, at a minimum,
line 29 do all of the following:
line 30 (1) Ensure project nominations are publicly available for public
line 31 review before a decision by the agency to award funds.
line 32 (2) Ensure the project selection process incorporates strategies
line 33 established in the Climate Action Plan for Transportation
line 34 Infrastructure adopted by the agency in July 2021 that are
line 35 applicable to the transportation funding program.
line 36 (3) Require that a recommendation for a project to be funded
line 37 be released in an accessible format at least 20 days before a
line 38 decision by the agency to award funds.
line 39 (4) Include any other best practices identified through public
line 40 input solicited pursuant to subdivision (c).
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AB 2438 — 9 —
line 1 (c) Before the agency establishes the guidelines pursuant to
line 2 subdivision (a), the agency shall hold public workshops to solicit
line 3 public input to ensure that the guidelines adopted pursuant to this
line 4 section will provide the public with the information necessary for
line 5 meaningful participation in the agency’s actions to award funds
line 6 for the transportation funding programs that it administers.
line 7 (d) This section shall not supersede any conflicting provision
line 8 of an existing guideline process or existing maintenance and
line 9 rehabilitation requirements.
line 10 SEC. 2. Section 14011.5 is added to the Government Code, to
line 11 read:
line 12 14011.5. (a) No later than January 1, 2024, the department
line 13 shall establish guidelines to ensure transparency and
line 14 accountability for the transportation funding programs it
line 15 administers, including, but not limited to, the interregional
line 16 transportation improvement program and the State Highway
line 17 Operation and Protection Program, and for the project selection
line 18 processes applicable to the transportation funding programs it
line 19 administers.
line 20 (b) The guidelines required by this section shall, at a minimum,
line 21 do all of the following:
line 22 (1) Ensure project nominations are publicly available for public
line 23 review before a decision to award funds.
line 24 (2) Ensure the project selection process incorporates strategies
line 25 established in the Climate Action Plan for Transportation
line 26 Infrastructure adopted by the Transportation Agency in July 2021
line 27 that are applicable to the transportation funding program.
line 28 (3) Require that a recommendation for a project to be funded
line 29 be released in an accessible format at least 20 days before a
line 30 decision to award funds.
line 31 (4) Include any other best practices identified through public
line 32 input solicited pursuant to subdivision (c).
line 33 (c) Before the department establishes the guidelines pursuant
line 34 to subdivision (a), the department shall hold public workshops to
line 35 solicit public input to ensure that the guidelines adopted pursuant
line 36 to this section will provide the public with the information
line 37 necessary for meaningful participation in the department’s actions
line 38 to award funds for the transportation funding programs that it
line 39 administers.
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line 1 (d) This section shall not supersede any conflicting provision
line 2 of an existing guideline process or existing maintenance and
line 3 rehabilitation requirements.
line 4 SEC. 3. Section 14524.5 is added to the Government Code, to
line 5 read:
line 6 14524.5. (a) No later than January 1, 2024, the commission
line 7 shall establish guidelines to ensure transparency and
line 8 accountability for the transportation funding programs it
line 9 administers, including, but not limited to, the program established
line 10 pursuant to Section 2192 of the Streets and Highways Code and
line 11 the Solutions for Congested Corridors Program (Chapter 8.5
line 12 (commencing with Section 2390) of Division 3 of the Streets and
line 13 Highways Code), and for the project selection processes applicable
line 14 to the transportation funding programs it administers.
line 15 (b) The guidelines required by this section shall, at a minimum,
line 16 do all of the following:
line 17 (1) Ensure project nominations are publicly available for public
line 18 review before a decision by the commission to award funds.
line 19 (2) Ensure the project selection process incorporates strategies
line 20 established in the Climate Action Plan for Transportation
line 21 Infrastructure adopted by the Transportation Agency in July 2021
line 22 that are applicable to the transportation funding program.
line 23 (3) Require that a recommendation for a project to be funded
line 24 be released in an accessible format at least 20 days before a
line 25 decision by the commission to award funds.
line 26 (4) Include any other best practices identified through public
line 27 input solicited pursuant to subdivision (c).
line 28 (c) Before the commission establishes the guidelines pursuant
line 29 to subdivision (a), the commission shall hold public workshops to
line 30 solicit public input to ensure that the guidelines adopted pursuant
line 31 to this section will provide the public with the information
line 32 necessary for meaningful participation in the commission’s actions
line 33 to award funds for the transportation funding programs that it
line 34 administers.
line 35 (d) This section shall not supersede any conflicting provision
line 36 of an existing guideline process or existing maintenance and
line 37 rehabilitation requirements.
line 38 SEC. 5.
line 39 SEC. 4. Section 14530.1 of the Government Code is amended
line 40 to read:
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AB 2438 — 11 —
line 1 14530.1. (a) The department, in cooperation with the
line 2 commission, transportation planning agencies, and county
line 3 transportation commissions and local governments, shall develop
line 4 guidelines for the development of the state transportation
line 5 improvement program and the incorporation of projects into the
line 6 state transportation improvement program.
line 7 (b) The guidelines shall include, but not be limited to, all of the
line 8 following:
line 9 (1) Standards for project deliverability.
line 10 (2) Standards for identifying projects and project components.
line 11 (3) Standards for cost estimating.
line 12 (4) Programming methods for increases and schedule changes.
line 13 (5) Objective criteria for measuring system performance and
line 14 cost-effectiveness of candidate projects.
line 15 (c) The department, in cooperation with the commission,
line 16 transportation planning agencies, and county transportation
line 17 commissions and local governments, shall revise the guidelines
line 18 developed pursuant to subdivision (a) to ensure that a project
line 19 selected to be included in the state transportation improvement
line 20 program and the complete program of projects selected for the
line 21 state transportation improvement program align with all of the
line 22 following:
line 23 (1) The California Transportation Plan updated pursuant to
line 24 Chapter 2.3 (commencing with Section 65070) of Division 1 of
line 25 Title 7.
line 26 (2) The Climate Action Plan for Transportation Infrastructure
line 27 adopted by the Transportation Agency.
line 28 (3) The greenhouse gas emissions reduction standards set forth
line 29 in the California Global Warming Solutions Act of 2006 (Division
line 30 25.5 (commencing with Section 38550) of the Health and Safety
line 31 Code) and Senate Bill 375 (Chapter 728 of the Statutes of 2008).
line 32 (6) No later than January 1, 2024, the strategies established in
line 33 the Climate Action Plan for Transportation Infrastructure adopted
line 34 by the Transportation Agency in July 2021 that are applicable to
line 35 the interregional transportation improvement program.
line 36 (d)
line 37 (c) The guidelines shall be the complete and full statement of
line 38 the policy, standards, and criteria that the commission intends to
line 39 use in selecting projects to be included in the state transportation
line 40 improvement program.
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line 1 (e)
line 2 (d) The commission may amend the adopted guidelines after
line 3 conducting at least one public hearing. The commission shall make
line 4 a reasonable effort to adopt the amended guidelines prior to its
line 5 adoption of the fund estimate pursuant to Section 14525. In no
line 6 event shall the adopted guidelines be amended, or otherwise
line 7 revised, modified, or altered during the period commencing 30
line 8 days after the adoption of the fund estimate pursuant to Section
line 9 14525 and before the adoption of the state transportation
line 10 improvement program pursuant to Section 14529.
line 11 SEC. 6.
line 12 SEC. 5. Section 65072 of the Government Code is amended
line 13 to read:
line 14 65072. The California Transportation Plan shall include all of
line 15 the following:
line 16 (a) A policy element that describes the state’s transportation
line 17 policies and system performance objectives. These policies and
line 18 objectives shall be consistent with legislative intent described in
line 19 Sections 14000, 14000.5, 14000.6, and 65088.
line 20 (b) A strategies element that shall incorporate the broad system
line 21 concepts and strategies synthesized from the adopted regional
line 22 transportation plans prepared pursuant to Section 65080. The
line 23 California Transportation Plan shall not be project specific.
line 24 (c) A financial element that summarizes the full cost of the
line 25 implementation of the California Transportation Plan constrained
line 26 by a realistic projection of available revenues. The financial
line 27 element shall also contain recommendations for allocation of funds.
line 28 Plan, a summary of available revenues through the planning
line 29 period, and an analysis of what is feasible within the plan if
line 30 constrained by a realistic projection of available revenues. The
line 31 financial element shall also evaluate the feasibility of any policy
line 32 assumptions or scenarios included in the plan. The financial
line 33 element may include a discussion of tradeoffs within the plan
line 34 considering financial constraints.
line 35 (d) A recommendations element that includes economic
line 36 forecasts and recommendations to the Legislature and the Governor
line 37 to achieve the plan’s broad system concepts, strategies, and
line 38 performance objectives.
line 39 SEC. 6. Section 164.6 of the Streets and Highways Code is
line 40 amended to read:
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AB 2438 — 13 —
line 1 164.6. (a) (1) The department shall prepare a State Highway
line 2 System Management Plan. The plan shall include a 10-year state
line 3 highway system rehabilitation plan for the rehabilitation or
line 4 reconstruction, or the combination thereof, by the State Highway
line 5 Operation and Protection Program, of all state highways and
line 6 bridges owned by the state. The plan shall identify all rehabilitation
line 7 needs for the 10-year period beginning on July 1, 1998, and ending
line 8 on June 30, 2008, and shall include a schedule of improvements
line 9 to complete all needed rehabilitation during the life of the plan not
line 10 later than June 30, 2008. The plan shall be updated every two years
line 11 beginning in 2000.
line 12 (2) The State Highway System Management Plan shall also
line 13 include a five-year maintenance plan that addresses the
line 14 maintenance needs of the state highway system. The maintenance
line 15 plan shall be updated every two years, concurrent with the
line 16 rehabilitation plan described in paragraph (1). The maintenance
line 17 plan shall include only maintenance activities that, if the activities
line 18 are not performed, could result in increased State Highway
line 19 Operation and Protection Program costs in the future. The
line 20 maintenance plan shall identify any existing backlog in those
line 21 maintenance activities and shall recommend a strategy, specific
line 22 activities, and an associated funding level to reduce or prevent any
line 23 backlog during the plan five-year period.
line 24 (b) The State Highway System Management Plan shall include
line 25 specific quantifiable accomplishments, goals, objectives, costs,
line 26 and performance measures consistent with the asset management
line 27 plan required by Section 14526.4 of the Government Code. The
line 28 plan shall contain strategies to control costs and improve efficiency
line 29 of the State Highway Operation and Protection Program.
line 30 (c) The State Highway System Management Plan for
line 31 rehabilitation and maintenance shall attempt to balance resources
line 32 between State Highway Operation and Protection Program
line 33 activities and maintenance activities in order to achieve identified
line 34 goals at the lowest possible long-term total cost. If the maintenance
line 35 plan recommends increases in maintenance spending, it shall
line 36 identify projected future State Highway Operation and Protection
line 37 Program costs that would be avoided by increasing maintenance
line 38 spending. The department’s maintenance division shall identify
line 39 highway maintenance projects and associated costs that allow it
line 40 to achieve the requirements of this subdivision.
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line 1 (d) The draft State Highway System Management Plan shall be
line 2 submitted to the commission for review and comments not later
line 3 than February 15 of each odd-numbered year, and the final plan
line 4 shall be transmitted by the department to the Governor and the
line 5 Legislature not later than June 1 of each odd-numbered year. The
line 6 department shall make the draft of its proposed plan available to
line 7 regional transportation agencies for review and comment, and shall
line 8 include and respond to the comments in the final plan.
line 9 (e) The State Highway System Management Plan shall be the
line 10 basis for the department’s budget request and for the adoption of
line 11 fund estimates pursuant to Section 163.
line 12 (f) The State Highway System Management Plan shall, no later
line 13 than January 1, 2024, incorporate strategies established in the
line 14 Climate Action Plan for Transportation Infrastructure adopted by
line 15 the Transportation Agency in July 2021 that are applicable to the
line 16 State Highway Operation and Protection Program.
line 17 SEC. 7. Section 2033 of the Streets and Highways Code is
line 18 amended to read:
line 19 2033. (a) (1) On or before January 1, 2018, the commission,
line 20 in cooperation with the department, transportation planning
line 21 agencies, county transportation commissions, and other local
line 22 agencies, shall develop guidelines for the allocation of funds
line 23 pursuant to subdivision (a) of Section 2032. No later than January
line 24 1, 2024, the guidelines shall incorporate the strategies established
line 25 in the Climate Action Plan for Transportation Infrastructure
line 26 adopted by the Transportation Agency in July 2021 applicable to
line 27 the program established to allocate the funds made available
line 28 pursuant to subdivision (a) of Section 2032.
line 29 (2) The commission, in cooperation with the department,
line 30 transportation planning agencies, county transportation
line 31 commissions, and other local agencies, shall revise the guidelines
line 32 developed pursuant to subdivision (a) to ensure that funds allocated
line 33 pursuant to subdivision (a) of Section 2032 align with all of the
line 34 following:
line 35 (A) The California Transportation Plan updated pursuant to
line 36 Chapter 2.3 (commencing with Section 65070) of Division 1 of
line 37 Title 7 of the Government Code.
line 38 (B) The Climate Action Plan for Transportation Infrastructure
line 39 adopted by the Transportation Agency.
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AB 2438 — 15 —
line 1 (C) The greenhouse gas emissions reduction standards set forth
line 2 in the California Global Warming Solutions Act of 2006 (Division
line 3 25.5 (commencing with Section 38550) of the Health and Safety
line 4 Code) and Senate Bill 375 (Chapter 728 of the Statutes of 2008).
line 5 (b) The guidelines shall be the complete and full statement of
line 6 the policy, standards, and criteria that the commission intends to
line 7 use to determine how these funds will be allocated.
line 8 (c) The commission may amend the adopted guidelines after
line 9 conducting at least one public hearing.
line 10 (d) The guidelines may include streamlining of project delivery
line 11 by authorizing local or regional transportation agencies to seek
line 12 commission approval of a letter of no prejudice that allows the
line 13 agency to expend its own funds in advance of an allocation of
line 14 funds by the commission, and to be reimbursed at a later time for
line 15 eligible expenditures. A letter of no prejudice shall only be
line 16 available to local or regional transportation agencies for moneys
line 17 that have been identified for future allocation to the applicant
line 18 agency. Moneys designated pursuant to subdivision (a) of Section
line 19 2032 shall only be reimbursed when there is funding available in
line 20 an amount sufficient to make the reimbursement.
line 21 SEC. 8. Section 2034 of the Streets and Highways Code is
line 22 amended to read:
line 23 2034. (a) (1) (A) Before receiving an apportionment of funds
line 24 under the program pursuant to paragraph (2) of subdivision (h) of
line 25 Section 2032 from the Controller in a fiscal year, an eligible city
line 26 or county shall submit to the commission a list of projects proposed
line 27 to be funded with these funds.
line 28 (B) A project may only be included in a list of projects submitted
line 29 pursuant to this section if it is consistent with all of the following:
line 30 (i) The California Transportation Plan updated pursuant to
line 31 Chapter 2.3 (commencing with Section 65070) of Division 1 of
line 32 Title 7 of the Government Code.
line 33 (ii) The Climate Action Plan for Transportation Infrastructure
line 34 adopted by the Transportation Agency.
line 35 (iii) The greenhouse gas emissions reduction standards set forth
line 36 in the California Global Warming Solutions Act of 2006 (Division
line 37 25.5 (commencing with Section 38550) of the Health and Safety
line 38 Code) and Senate Bill 375 (Chapter 728 of the Statutes of 2008).
line 39 (C) Two or more eligible cities, or one or more cities and a
line 40 county, may propose a project to be jointly funded with these
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line 1 funds. Each city or county that proposes to jointly fund a project
line 2 shall include its participation in the project in its list of projects
line 3 submitted to the commission. All projects proposed to receive
line 4 funding shall be adopted by resolution by the applicable city
line 5 council or county board of supervisors at a regular public meeting.
line 6 A proposed jointly funded project shall additionally be endorsed
line 7 by a memorandum of understanding that is approved by the entities
line 8 proposing to jointly fund the project and that includes the identity
line 9 of the project’s lead agency and a description of the individual
line 10 contributions of each participating city and county to the project.
line 11 (D) The list of projects proposed to be funded with the funds
line 12 described in subparagraph (A), including jointly funded projects,
line 13 shall include a description and the location of each proposed
line 14 project, a proposed schedule for that project’s completion, and the
line 15 estimated useful life of the improvement.
line 16 (E) The project list shall not limit the flexibility of an eligible
line 17 city or county to fund projects in accordance with local needs and
line 18 priorities so long as the projects are consistent with subparagraph
line 19 (B) and subdivision (b) of Section 2030.
line 20 (2) The commission shall submit an initial report to the
line 21 Controller that indicates the cities and counties that have submitted
line 22 a list of projects consistent with this subdivision and that are
line 23 therefore eligible to receive an apportionment of funds under the
line 24 program for the applicable fiscal year. If the commission receives
line 25 a list of projects from a city or county after it submits its initial
line 26 report to the Controller, the commission shall submit a subsequent
line 27 report to the Controller that indicates the cities and counties that
line 28 submitted a list of projects after the commission submitted its
line 29 initial report.
line 30 (3) The Controller, upon receipt of the initial report, shall
line 31 apportion funds to eligible cities and counties.
line 32 (4) (A) For any city or county that is not included in the initial
line 33 report submitted to the Controller pursuant to paragraph (2), the
line 34 Controller shall retain the monthly share of funds that would
line 35 otherwise be apportioned and distributed to the city or county
line 36 pursuant to paragraph (3).
line 37 (B) If the Controller receives a subsequent report from the
line 38 commission within 90 days of receiving the initial report from the
line 39 commission that a city or county has become eligible to receive
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AB 2438 — 17 —
line 1 an apportionment, the Controller shall apportion the funds retained
line 2 pursuant to subparagraph (A) to the city or county.
line 3 (C) The Controller shall reapportion to all eligible cities and
line 4 counties pursuant to the formula in clauses (i) and (ii) of
line 5 subparagraph (C) of paragraph (3) of subdivision (a) of Section
line 6 2103 any funds that were retained pursuant to subparagraph (A)
line 7 but that were not apportioned and distributed pursuant to
line 8 subparagraph (B).
line 9 (b) For each fiscal year, each city or county receiving an
line 10 apportionment of funds shall, upon expending program funds,
line 11 submit documentation to the commission that details the
line 12 expenditures of all funds under the program, including a description
line 13 and location of each completed project, the amount of funds
line 14 expended on the project, the completion date, if applicable, and
line 15 the estimated useful life of the improvement. For projects jointly
line 16 funded pursuant to subparagraph (C) of paragraph (1) of
line 17 subdivision (a), each participating city and county shall submit to
line 18 the commission the documentation required pursuant to this
line 19 subdivision.
line 20 (c) Before receiving an apportionment of funds under the
line 21 program pursuant to paragraph (2) of subdivision (h) of Section
line 22 2032, an eligible city or county may expend other funds on eligible
line 23 projects and may reimburse the source of those other funds when
line 24 it receives its apportionment from the Controller over one or more
line 25 years.
line 26 SEC. 9. Section 2103.5 is added to the Streets and Highways
line 27 Code, to read:
line 28 2103.5. It is the intent of the Legislature that funds apportioned
line 29 by the Controller to cities and counties pursuant to this chapter be
line 30 expended consistent with all of the following:
line 31 (a) The California Transportation Plan updated pursuant to
line 32 Chapter 2.3 (commencing with Section 65070) of Division 1 of
line 33 Title 7 of the Government Code.
line 34 (b) The Climate Action Plan for Transportation Infrastructure
line 35 adopted by the Transportation Agency.
line 36 (c) The greenhouse gas emissions reduction standards set forth
line 37 in the California Global Warming Solutions Act of 2006 (Division
line 38 25.5 (commencing with Section 38550) of the Health and Safety
line 39 Code) and Senate Bill 375 (Chapter 728 of the Statutes of 2008).
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line 1 SEC. 10.
line 2 SEC. 8. Section 2192 of the Streets and Highways Code is
line 3 amended to read:
line 4 2192. (a) The following revenues shall be allocated for
line 5 infrastructure projects pursuant to this section:
line 6 (1) The revenues deposited in the Trade Corridor Enhancement
line 7 Account pursuant to Section 2192.4, except for those revenues in
line 8 the account that were appropriated by Senate Bill 132 of the
line 9 2017–18 Regular Session (Chapter 7 of the Statutes of 2017).
line 10 (2) An amount of federal funds equal to the amount of revenue
line 11 apportioned to the state under Section 167 of Title 23 of the United
line 12 States Code from the national highway freight programs, pursuant
line 13 to the federal Fixing America’s Surface Transportation Act (“FAST
line 14 Act,” Public Law 114-94).
line 15 (b) The funding described in subdivision (a) shall be available
line 16 upon appropriation for allocation by the California Transportation
line 17 Commission for infrastructure improvements in this state on
line 18 federally designated Trade Corridors of National and Regional
line 19 Significance, on the Primary Freight Network, and along other
line 20 corridors that have a high volume of freight movement, as
line 21 determined by the commission and as identified in the state freight
line 22 plan developed pursuant to Section 13978.8 of the Government
line 23 Code. Projects eligible for funding shall be included in an adopted
line 24 regional transportation plan. Projects within the boundaries of a
line 25 metropolitan planning organization shall be included in an adopted
line 26 regional transportation plan that includes a sustainable communities
line 27 strategy determined by the State Air Resources Board to achieve
line 28 the region’s greenhouse gas emissions reduction targets. In
line 29 developing guidelines for implementing this section, the
line 30 commission shall (1) apply the guiding principles, to the maximum
line 31 extent practicable, in the California Sustainable Freight Action
line 32 Plan released in July 2016 pursuant to Executive Order No.
line 33 B-32-15, and (2) consult the state freight plan and the applicable
line 34 port master plan.
line 35 (c) Eligible projects for these funds include, but are not limited
line 36 to, all of the following:
line 37 (1) Highway improvements to more efficiently accommodate
line 38 the movement of freight, particularly for ingress and egress to and
line 39 from the state’s land ports of entry, rail terminals, and seaports,
line 40 including navigable inland waterways used to transport freight
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AB 2438 — 19 —
line 1 between seaports, land ports of entry, and airports, and to relieve
line 2 traffic congestion along major trade or goods movement corridors.
line 3 (2) Freight rail system improvements to enhance the ability to
line 4 move goods from seaports, land ports of entry, and airports to
line 5 warehousing and distribution centers throughout California,
line 6 including projects that separate rail lines from highway or local
line 7 road traffic, improve freight rail mobility, and other projects that
line 8 improve the safety, efficiency, and capacity of the rail freight
line 9 system.
line 10 (3) Projects to enhance the capacity and efficiency of ports,
line 11 except that funds available under this section shall not be allocated
line 12 to a project that includes the purchase of fully automated cargo
line 13 handling equipment. For the purposes of this paragraph, “fully
line 14 automated” means equipment that is remotely operated or remotely
line 15 monitored, with or without the exercise of human intervention or
line 16 control. Nothing in this paragraph shall prohibit the use of funds
line 17 available pursuant to this section for a project that includes the
line 18 purchase of human-operated zero-emission equipment,
line 19 human-operated near-zero-emission equipment, and infrastructure
line 20 supporting that human-operated equipment. Furthermore, nothing
line 21 in this section shall prohibit the purchase of devices that support
line 22 that human-operated equipment, including equipment to evaluate
line 23 the utilization and environmental benefits of that human-operated
line 24 equipment.
line 25 (4) Truck corridor improvements, including dedicated truck
line 26 facilities or truck toll facilities, including the mitigation of the
line 27 emissions from trucks or these facilities.
line 28 (5) Border access improvements that enhance goods movement
line 29 between California and Mexico and that maximize the state’s
line 30 ability to access funds made available to the state by federal law.
line 31 (6) Surface transportation, local road, and connector road
line 32 improvements to effectively facilitate the movement of goods,
line 33 particularly for ingress and egress to and from the state’s land ports
line 34 of entry, airports, and seaports, to relieve traffic congestion along
line 35 major trade or goods movement corridors.
line 36 (7) Projects that employ advanced and innovative technology
line 37 to improve the flow of freight, such as intelligent transportation
line 38 systems, public infrastructure, excluding vehicles, that enables
line 39 zero-emission or near-zero emission goods movement, real time
line 40 information systems, weigh-in-motion devices, electronic screening
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line 1 and credentialing systems, traffic signal optimization, work zone
line 2 management and information systems, ramp metering, and
line 3 electronic cargo and border security technologies.
line 4 (8) Environmental and community mitigation or efforts to reduce
line 5 environmental impacts of freight movement, such as projects that
line 6 reduce noise, overnight truck idling, or truck queues, and advanced
line 7 traveler information systems such as freight advanced traveler
line 8 information systems that optimize operations to reduce empty-load
line 9 trips.
line 10 (d) Projects funded with revenues identified in paragraph (1)
line 11 of subdivision (a) shall be consistent with Article XIX of the
line 12 California Constitution.
line 13 (e) (1) In adopting the program of projects to be funded with
line 14 funds described in subdivision (a), the commission shall evaluate
line 15 the total potential economic and noneconomic benefits of the
line 16 program of projects to California’s economy, environment, and
line 17 public health. The evaluation shall specifically assess localized
line 18 impacts in disadvantaged communities. The commission shall
line 19 consult with the agencies identified in Executive Order No.
line 20 B-32-15 and metropolitan planning organizations in order to use
line 21 the appropriate models, techniques, and methods to develop the
line 22 parameters for evaluating the program of projects. The commission
line 23 shall allocate the funding from subdivision (a) for trade
line 24 infrastructure improvements as follows:
line 25 (A) Sixty percent of the funds shall be available for projects
line 26 nominated by regional transportation agencies and other public
line 27 agencies, including counties, cities, and port authorities, in
line 28 consultation with the department. The commission shall provide
line 29 reasonable geographic targets for funding allocations without
line 30 constraining what an agency may propose or what the commission
line 31 may approve.
line 32 (B) Forty percent of the funds shall be available for projects
line 33 nominated by the department, in consultation with regional
line 34 transportation agencies.
line 35 (2) In adopting a program of projects pursuant to paragraph (1),
line 36 the commission shall prioritize projects jointly nominated and
line 37 jointly funded by the state and local agencies. In considering
line 38 geographic balance for the overall program, the commission may
line 39 adjust the corridor-based targets in subparagraph (A) of paragraph
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AB 2438 — 21 —
line 1 (1) to account for projects programmed pursuant to subparagraph
line 2 (B) of paragraph (1).
line 3 (3) A project may only be included in the program of projects
line 4 adopted pursuant to paragraph (1) if it is consistent with the
line 5 guidelines adopted pursuant to paragraph (3) of subdivision (f).
line 6 (f) (1) The commission shall adopt guidelines, including a
line 7 transparent process to evaluate projects and to allocate the funding
line 8 described in subdivision (a) for trade infrastructure improvements
line 9 in a manner that (A) addresses the state’s most urgent needs, (B)
line 10 balances the demands of various land ports of entry, seaports, and
line 11 airports, (C) places emphasis on projects that improve trade
line 12 corridor mobility and safety while reducing emissions of diesel
line 13 particulates, greenhouse gases, and other pollutants and reducing
line 14 other negative community impacts, especially in disadvantaged
line 15 communities, (D) makes a significant contribution to the state’s
line 16 economy, (E) recognizes the key role of the state in project
line 17 identification, (F) supports integrating statewide goods movement
line 18 priorities in a corridor approach, and (G) includes disadvantaged
line 19 communities measures, as established by the California
line 20 Environmental Protection Agency pursuant to Section 39711 of
line 21 the Health and Safety Code, and other tools the commission
line 22 determines, for evaluating benefits or costs for disadvantaged
line 23 communities and low-income communities. Project nominations
line 24 shall include either a quantitative or qualitative assessment of the
line 25 benefits the project is expected to achieve relative to the evaluation
line 26 criteria.
line 27 (2) No later than January 1, 2024, the guidelines shall also
line 28 incorporate the strategies established in the Climate Action Plan
line 29 for Transportation Infrastructure adopted by the Transportation
line 30 Agency in July 2021 that are applicable to the program established
line 31 pursuant to this section.
line 32 (2)
line 33 (3) The guidelines adopted pursuant to paragraph (1) may
line 34 include streamlining of project delivery by authorizing regional
line 35 transportation agencies and other public agencies to seek
line 36 commission approval of a letter of no prejudice that allows the
line 37 agency to expend its own funds for a project programmed in a
line 38 future year of the adopted program of projects, in advance of
line 39 allocation of funds to the project by the commission, and to be
line 40 reimbursed at a later time for eligible expenditures. A letter of no
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line 1 prejudice shall only be available to local or regional transportation
line 2 agencies for moneys that have been identified for future allocation
line 3 to the applicant agency. Moneys designated for the program shall
line 4 only be reimbursed when there is funding available in an amount
line 5 sufficient to make the reimbursement.
line 6 (3) The commission shall revise the guidelines adopted pursuant
line 7 to paragraph (1) to ensure that a project included in the program
line 8 of projects and the complete program of projects are aligned with
line 9 the California Transportation Plan updated pursuant to Chapter
line 10 2.3 (commencing with Section 65070) of Division 1 of Title 7 of
line 11 the Government Code, the Climate Action Plan for Transportation
line 12 Infrastructure adopted by the Transportation Agency, and the
line 13 greenhouse gas emissions reduction standards set forth in the
line 14 California Global Warming Solutions Act of 2006 (Division 25.5
line 15 (commencing with Section 38550) of the Health and Safety Code)
line 16 and Senate Bill 375 (Chapter 728 of the Statutes of 2008).
line 17 (g) In addition, the commission shall also consider the following
line 18 factors when allocating these funds:
line 19 (1) “Velocity,” which means the speed by which large cargo
line 20 would travel from the land port of entry or seaport through the
line 21 distribution system.
line 22 (2) “Throughput,” which means the volume of cargo that would
line 23 move from the land port of entry or seaport through the distribution
line 24 system.
line 25 (3) “Reliability,” which means a reasonably consistent and
line 26 predictable amount of time for cargo to travel from one point to
line 27 another on any given day or at any given time in California.
line 28 (4) “Congestion reduction,” which means the reduction in
line 29 recurrent daily hours of delay to be achieved.
line 30 (h) For purposes of this section, the following terms have the
line 31 following meanings: definitions apply:
line 32 (1) “Disadvantaged communities” are those communities
line 33 identified by the California Environmental Protection Agency
line 34 pursuant to Section 39711 of the Health and Safety Code.
line 35 (2) “Low-income communities” are census tracts with median
line 36 household incomes at or below 80 percent of the statewide median
line 37 income or with median household incomes at or below the
line 38 threshold designated as low income by the Department of Housing
line 39 and Community Development’s list of state income limits adopted
line 40 pursuant to Section 50093 of the Health and Safety Code.
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AB 2438 — 23 —
line 1 (i) It is the intent of the Legislature for the commission to adopt
line 2 an initial program of projects using the state and federal funds
line 3 described in subdivision (a) for eligible projects as soon as
line 4 practicable and no later than May 17, 2018.
line 5 SEC. 11. Section 2394 of the Streets and Highways Code is
line 6 amended to read:
line 7 2394. The commission shall allocate program funds to projects
line 8 after reviewing the corridor plans submitted by the regional
line 9 agencies or the department and making a determination that a
line 10 proposed project is consistent with the objectives of the corridor
line 11 plan and is consistent with the guidelines adopted pursuant to
line 12 paragraph (2) of subdivision (a) of Section 2396. In addition to
line 13 making a consistency determination with respect to project
line 14 nominations, the commission shall score the proposed projects on
line 15 the following criteria:
line 16 (a) Safety.
line 17 (b) Congestion.
line 18 (c) Accessibility.
line 19 (d) Economic development and job creation and retention.
line 20 (e) Furtherance of state and federal ambient air standards.
line 21 (f) Efficient land use.
line 22 (g) Matching funds.
line 23 (h) Project deliverability.
line 24 SEC. 9. Section 2391 of the Streets and Highways Code is
line 25 amended to read:
line 26 2391. Pursuant to subdivision (b) of Section 11053 of the
line 27 Revenue and Taxation Code, two hundred fifty million dollars
line 28 ($250,000,000) in the State Highway Account shall be available
line 29 for appropriation to the Department of Transportation in each
line 30 annual Budget Act for the Solutions for Congested Corridors
line 31 Program. Funds made available for the program shall be allocated
line 32 by the California Transportation Commission to projects designed
line 33 to achieve a balanced set of transportation, environmental, and
line 34 community access improvements within highly congested travel
line 35 corridors throughout the state. Funding shall be available for
line 36 projects that make specific performance improvements and are
line 37 part of a comprehensive multimodal corridor plan designed to
line 38 reduce congestion in highly traveled corridors by providing more
line 39 transportation choices for residents, commuters, and visitors to the
line 40 area of the corridor while preserving the character of the local
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line 1 community and creating opportunities for neighborhood
line 2 enhancement projects. In order to mitigate increases in vehicle
line 3 miles traveled, greenhouse gases, and air pollution, highway lane
line 4 capacity-increasing projects funded by this program shall be limited
line 5 to high-occupancy vehicle lanes, managed lanes as defined in
line 6 Section 14106 of the Government Code, and other non-general
line 7 purpose lane improvements primarily designed to improve safety
line 8 for all modes of travel, such as auxiliary lanes, truck climbing
line 9 lanes, or dedicated bicycle lanes. Project elements within the
line 10 corridor plans may include improvements to state highways, local
line 11 streets and roads, public transit facilities, bicycle and pedestrian
line 12 facilities, and restoration or preservation work that protects critical
line 13 local habitat or open space.
line 14 SEC. 12.
line 15 SEC. 10. Section 2396 of the Streets and Highways Code is
line 16 amended to read:
line 17 2396. (a) (1) The commission, in consultation with the State
line 18 Air Resources Board, shall develop and adopt guidelines for the
line 19 program consistent with the requirements of this chapter.
line 20 Guidelines adopted by the commission shall be exempt from the
line 21 Administrative Procedure Act (Chapter 3.5 (commencing with
line 22 Section 11340) of Part 1 of Division 3 of Title 2 of the Government
line 23 Code). Prior to adopting the guidelines, the commission shall
line 24 conduct at least one public hearing in northern California and one
line 25 public hearing in southern California to review and provide an
line 26 opportunity for public comment. The commission shall adopt the
line 27 final guidelines no sooner than 30 days after the commission
line 28 provides the proposed guidelines to the Joint Legislative Budget
line 29 Committee and the transportation policy committees in the Senate
line 30 and the Assembly. No later than January 1, 2024, the guidelines
line 31 shall incorporate the strategies established in the Climate Action
line 32 Plan for Transportation Infrastructure adopted by the
line 33 Transportation Agency in July 2021 that are applicable to the
line 34 Solutions for Congested Corridors Program.
line 35 (2) The commission, in consultation with the State Air Resources
line 36 Board, shall revise the guidelines to ensure that a project to be
line 37 included in the program of projects and the complete program of
line 38 projects adopted pursuant to Section 2395 align with all of the
line 39 following:
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AB 2438 — 25 —
line 1 (A) The California Transportation Plan updated pursuant to
line 2 Chapter 2.3 (commencing with Section 65070) of Division 1 of
line 3 Title 7 of the Government Code.
line 4 (B) The Climate Action Plan for Transportation Infrastructure
line 5 adopted by the Transportation Agency.
line 6 (C) The greenhouse gas emissions reduction standards set forth
line 7 in the California Global Warming Solutions Act of 2006 (Division
line 8 25.5 (commencing with Section 38550) of the Health and Safety
line 9 Code) and Senate Bill 375 (Chapter 728 of the Statutes of 2008).
line 10 (b) The guidelines adopted pursuant to subdivision (a) may
line 11 include streamlining of project delivery by authorizing regional
line 12 agencies to seek commission approval of a letter of no prejudice
line 13 that allows the agency to expend its own funds for a project
line 14 programmed in a future year of the adopted program of projects,
line 15 in advance of allocation of funds to the project by the commission,
line 16 and to be reimbursed at a later time for eligible expenditures. A
line 17 letter of no prejudice shall only be available to local or regional
line 18 transportation agencies for moneys that have been identified for
line 19 future allocation to the applicant agency. Moneys designated for
line 20 the program shall only be reimbursed when there is funding
line 21 available in an amount sufficient to make the reimbursement.
O
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AMENDED IN ASSEMBLY JUNE 20, 2022
AMENDED IN ASSEMBLY JUNE 16, 2022
AMENDED IN SENATE MAY 19, 2022
AMENDED IN SENATE APRIL 18, 2022
AMENDED IN SENATE MARCH 14, 2022
SENATE BILL No. 897
Introduced by Senator Wieckowski
February 1, 2022
An act to amend Section 65852.22 of, to add Section 65852.23 to,
and to repeal and amend Section 65852.2 of, the Government Code,
and to amend Section 17980.12 of the Health and Safety Code, relating
to land use.
legislative counsel’s digest
SB 897, as amended, Wieckowski. Accessory dwelling units: junior
accessory dwelling units.
(1) Existing law, the Planning and Zoning Law, authorizes a local
agency, by ordinance or ministerial approval, to provide for the creation
of accessory dwelling units in areas zoned for residential use, as
specified. Existing law authorizes a local agency to impose standards
on accessory dwelling units that include, but are not limited to, parking,
height, setback, landscape, architectural review, and maximum size of
a unit.
This bill would require that the standards imposed on accessory
dwelling units be objective. For purposes of this requirement, the bill
would define “objective standard” as a standard that involves no personal
or subjective judgment by a public official and is uniformly verifiable,
94
as specified. The bill would also prohibit a local agency from denying
an application for a permit to create an accessory dwelling unit due to
the correction of nonconforming zoning conditions or unpermitted
structures that are not affected by the construction of the accessory
dwelling unit.
This bill would require a local agency to review and issue a demolition
permit for a detached garage that is to be replaced by an accessory
dwelling unit at the same time as it reviews and issues the permit for
the accessory dwelling unit. The bill would prohibit an applicant from
being required to provide written notice or post a placard for the
demolition of a detached garage that is to be replaced by an accessory
dwelling unit, as specified.
Existing law provides that an accessory dwelling unit may either be
an attached or detached residential dwelling unit, and prescribes the
minimum and maximum unit size requirements, height limitations, and
setback requirements that a local agency may establish, including a
16-foot height limitation and a 4-foot side and rear setback requirement.
This bill would increase the maximum height limitation that may be
imposed by a local agency on an accessory dwelling unit to 25 feet if
the accessory dwelling unit is within 1⁄2 mile walking distance of a major
transit stop or a high-quality transit corridor, as those terms are defined,
or if the accessory dwelling unit is attached to a primary dwelling, as
specified.
Existing law requires an ordinance that provides for the creation of
an accessory dwelling unit to require accessory dwelling units to comply
with local building code requirements that apply to detached dwellings,
as appropriate. Existing law also prohibits an ordinance from requiring
an accessory dwelling unit to provide fire sprinklers if they are not
required for the primary residence.
This bill would provide that the construction of an accessory dwelling
unit does not constitute a Group R occupancy change under the local
building code, as specified. The bill would also prohibit the construction
of an accessory dwelling unit from triggering a requirement that fire
sprinklers be installed in the proposed or existing primary dwelling.
Existing law provides that a local agency shall ministerially approve
an application for a building permit within a residential or mixed-use
zone to create not more than 2 accessory dwelling units that are located
on a lot that has an existing multifamily dwelling, but are detached from
that multifamily dwelling and are subject to a height limitation of 16
feet and a 4-foot side and rear setback requirement.
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— 2 — SB 897
This bill would change the height limitation applicable to an accessory
dwelling unit subject to ministerial approval to 25 feet if the accessory
dwelling unit is within 1⁄2 mile walking distance of a major transit stop
or a high-quality transit corridor, as those terms are defined, or if the
accessory dwelling unit is attached to a primary dwelling, as specified.
The bill, if the existing multifamily dwelling exceeds applicable height
requirements or has a rear or side setback of less than 4 feet, would
prohibit a local agency from requiring any modification to the existing
multifamily dwelling to satisfy these requirements. The bill would
prohibit a local agency from rejecting an application for an accessory
dwelling unit because the existing multifamily dwelling exceeds
applicable height requirements or has a rear or side setback of less than
4 feet.
Existing law prohibits a local agency from imposing parking standards
on certain accessory dwelling units, including those that are located
within 1⁄2 -mile walking distance of public transit.
This bill would require a local agency, when a permit application for
an accessory dwelling unit is submitted with a permit application to
create new multifamily dwelling units, to reduce the number of required
parking spaces for the multifamily dwelling by 2 parking spaces for
each accessory dwelling unit located on the lot.
(2) Existing law also provides for the creation of junior accessory
dwelling units by local ordinance, or, if a local agency has not adopted
an ordinance, by ministerial approval, in accordance with specified
standards and conditions. Existing law requires an ordinance that
provides for the creation of a junior accessory dwelling unit to, among
other things, (A) require that the unit be constructed within the walls
of the proposed or existing single-family residence, (B) require that the
unit include a separate entrance from the main entrance to the proposed
or existing single-family residence, and (C) require owner-occupancy
in the single-family residence in which the junior accessory dwelling
unit is permitted.
This bill would specify that enclosed uses within the proposed or
existing single-family residence, such as attached garages, are considered
a part of the proposed or existing single-family residence. The bill would
require a junior accessory dwelling unit that does not include a separate
sanitation facilities bathroom to include a separate entrance from the
main entrance to the structure, with an interior entry to the main living
area. The bill would also prohibit a local agency from denying an
application for a permit to create a junior accessory dwelling unit due
94
SB 897 — 3 —
to the correction of nonconforming zoning conditions or unpermitted
structures that are not affected by the construction of the junior
accessory dwelling unit.
(3) Existing law requires a local agency, in enforcing building
standards applicable to accessory dwelling units, to delay enforcement
for up to 5 years upon the owner submitting an application requesting
the delay on the basis that correcting the violation is not necessary to
protect health and safety.
This bill would extend that delay in enforcement to the building
standards applicable to the primary dwelling of the accessory dwelling
unit, provided that correcting the violation is not necessary to protect
health and safety.
This bill would prohibit a local agency from denying a permit for an
unpermitted accessory dwelling unit that was constructed before January
1, 2018, because, among other things, the unit is in violation of building
standards or state or local standards applicable to accessory dwelling
units, unless the local agency makes a finding that correcting the
violation is necessary to protect the health and safety of the public or
occupants of the structure. This bill would specify that this prohibition
does not apply to a building that is deemed substandard under specified
provisions of law.
(4) Existing law requires the Department of Housing and Community
Development to administer various programs intended to promote the
development of housing, including the Multifamily Housing Program,
pursuant to which the department provides financial assistance in the
form of deferred payment loans to pay for the eligible costs of
development for specified activities.
This bill would state the intent of the Legislature that accessory
dwelling unit grant programs provide funding for predevelopment costs
and facilitate accountability and oversight, as specified.
(5) By imposing new duties on local governments with respect to
the approval of accessory dwelling units and junior accessory dwelling
units, 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.
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— 4 — SB 897
The people of the State of California do enact as follows:
line 1 SECTION 1. It is the intent of the Legislature to ensure that
line 2 grant programs that fund the construction and maintenance of
line 3 accessory dwelling units undertake both of the following:
line 4 (a) Provide funding for predevelopment costs, such as
line 5 development of plans and permitting of accessory dwelling units.
line 6 (b) Facilitate accountability and oversight, including annual
line 7 reporting on outcomes to the Legislature.
line 8 SEC. 2. Section 65852.2 of the Government Code, as amended
line 9 by Section 1 of Chapter 343 of the Statutes of 2021, is amended
line 10 to read:
line 11 65852.2. (a) (1) A local agency may, by ordinance, provide
line 12 for the creation of accessory dwelling units in areas zoned to allow
line 13 single-family or multifamily dwelling residential use. The
line 14 ordinance shall do all of the following:
line 15 (A) Designate areas within the jurisdiction of the local agency
line 16 where accessory dwelling units may be permitted. The designation
line 17 of areas may be based on the adequacy of water and sewer services
line 18 and the impact of accessory dwelling units on traffic flow and
line 19 public safety. A local agency that does not provide water or sewer
line 20 services shall consult with the local water or sewer service provider
line 21 regarding the adequacy of water and sewer services before
line 22 designating an area where accessory dwelling units may be
line 23 permitted.
line 24 (B) (i) Impose objective standards on accessory dwelling units
line 25 that include, but are not limited to, parking, height, setback,
line 26 landscape, architectural review, maximum size of a unit, and
line 27 standards that prevent adverse impacts on any real property that
line 28 is listed in the California Register of Historical Resources. These
line 29 standards shall not include requirements on minimum lot size.
line 30 (ii) Notwithstanding clause (i), a local agency may reduce or
line 31 eliminate parking requirements for any accessory dwelling unit
line 32 located within its jurisdiction.
line 33 (C) Provide that accessory dwelling units do not exceed the
line 34 allowable density for the lot upon which the accessory dwelling
line 35 unit is located, and that accessory dwelling units are a residential
line 36 use that is consistent with the existing general plan and zoning
line 37 designation for the lot.
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line 1 (D) Require the accessory dwelling units to comply with all of
line 2 the following:
line 3 (i) Except as provided in Section 65852.26, the accessory
line 4 dwelling unit may be rented separate from the primary residence,
line 5 but may not be sold or otherwise conveyed separate from the
line 6 primary residence.
line 7 (ii) The lot is zoned to allow single-family or multifamily
line 8 dwelling residential use and includes a proposed or existing
line 9 dwelling.
line 10 (iii) The accessory dwelling unit is either attached to, or located
line 11 within, the proposed or existing primary dwelling, including
line 12 attached garages, storage areas or similar uses, or an accessory
line 13 structure or detached from the proposed or existing primary
line 14 dwelling and located on the same lot as the proposed or existing
line 15 primary dwelling.
line 16 (iv) If there is an existing primary dwelling, the total floor area
line 17 of an attached accessory dwelling unit shall not exceed 50 percent
line 18 of the existing primary dwelling.
line 19 (v) The total floor area for a detached accessory dwelling unit
line 20 shall not exceed 1,200 square feet.
line 21 (vi) No passageway shall be required in conjunction with the
line 22 construction of an accessory dwelling unit.
line 23 (vii) No setback shall be required for an existing living area or
line 24 accessory structure or a structure constructed in the same location
line 25 and to the same dimensions as an existing structure that is
line 26 converted to an accessory dwelling unit or to a portion of an
line 27 accessory dwelling unit, and a setback of no more than four feet
line 28 from the side and rear lot lines shall be required for an accessory
line 29 dwelling unit that is not converted from an existing structure or a
line 30 new structure constructed in the same location and to the same
line 31 dimensions as an existing structure.
line 32 (viii) Local building code requirements that apply to detached
line 33 dwellings, except that the construction of an accessory dwelling
line 34 unit shall not constitute a Group R occupancy change under the
line 35 local building code, as described in Section 310 of the California
line 36 Building Code (Title 24 of the California Code of Regulations).
line 37 (ix) Approval by the local health officer where a private sewage
line 38 disposal system is being used, if required.
line 39 (x) (I) Parking requirements for accessory dwelling units shall
line 40 not exceed one parking space per accessory dwelling unit or per
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line 1 bedroom, whichever is less. These spaces may be provided as
line 2 tandem parking on a driveway.
line 3 (II) Offstreet parking shall be permitted in setback areas in
line 4 locations determined by the local agency or through tandem
line 5 parking, unless specific findings are made that parking in setback
line 6 areas or tandem parking is not feasible based upon specific site or
line 7 regional topographical or fire and life safety conditions.
line 8 (III) This clause shall not apply to an accessory dwelling unit
line 9 that is described in subdivision (d).
line 10 (xi) When a garage, carport, or covered parking structure is
line 11 demolished in conjunction with the construction of an accessory
line 12 dwelling unit or converted to an accessory dwelling unit, the local
line 13 agency shall not require that those offstreet parking spaces be
line 14 replaced.
line 15 (xii) Accessory dwelling units shall not be required to provide
line 16 fire sprinklers if they are not required for the primary residence.
line 17 The construction of an accessory dwelling unit shall not trigger a
line 18 requirement for fire sprinklers to be installed in the proposed or
line 19 existing primary dwelling.
line 20 (2) The ordinance shall not be considered in the application of
line 21 any local ordinance, policy, or program to limit residential growth.
line 22 (3) A permit application for an accessory dwelling unit or a
line 23 junior accessory dwelling unit shall be considered and approved
line 24 ministerially without discretionary review or a hearing,
line 25 notwithstanding Section 65901 or 65906 or any local ordinance
line 26 regulating the issuance of variances or special use permits. The
line 27 permitting agency shall either approve or deny the application to
line 28 create an accessory dwelling unit or a junior accessory dwelling
line 29 unit within 60 days from the date the local agency receives a
line 30 completed application if there is an existing single-family or
line 31 multifamily dwelling on the lot. If the permit application to create
line 32 an accessory dwelling unit or a junior accessory dwelling unit is
line 33 submitted with a permit application to create a new single-family
line 34 or multifamily dwelling on the lot, the permitting agency may
line 35 delay approving or denying the permit application for the accessory
line 36 dwelling unit or the junior accessory dwelling unit until the
line 37 permitting agency approves or denies on the permit application to
line 38 create the new single-family dwelling, but the application to create
line 39 the accessory dwelling unit or junior accessory dwelling unit shall
line 40 be considered without discretionary review or hearing. If the
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line 1 applicant requests a delay, the 60-day time period shall be tolled
line 2 for the period of the delay. If the local agency has not approved
line 3 or denied the completed application within 60 days, the application
line 4 shall be deemed approved. A local agency may charge a fee to
line 5 reimburse it for costs incurred to implement this paragraph,
line 6 including the costs of adopting or amending any ordinance that
line 7 provides for the creation of an accessory dwelling unit.
line 8 (4) The ordinance shall require that a demolition permit for a
line 9 detached garage that is to be replaced with an accessory dwelling
line 10 unit be reviewed with the application for the accessory dwelling
line 11 unit and issued at the same time.
line 12 (5) The ordinance shall not require, and the applicant shall not
line 13 be otherwise required, to provide written notice or post a placard
line 14 for the demolition of a detached garage that is to be replaced with
line 15 an accessory dwelling unit, unless the property is located within
line 16 an architecturally and historically significant historic district.
line 17 (6) An existing ordinance governing the creation of an accessory
line 18 dwelling unit by a local agency or an accessory dwelling ordinance
line 19 adopted by a local agency shall provide an approval process that
line 20 includes only ministerial provisions for the approval of accessory
line 21 dwelling units and shall not include any discretionary processes,
line 22 provisions, or requirements for those units, except as otherwise
line 23 provided in this subdivision. If a local agency has an existing
line 24 accessory dwelling unit ordinance that fails to meet the
line 25 requirements of this subdivision, that ordinance shall be null and
line 26 void and that agency shall thereafter apply the standards established
line 27 in this subdivision for the approval of accessory dwelling units,
line 28 unless and until the agency adopts an ordinance that complies with
line 29 this section.
line 30 (7) No other local ordinance, policy, or regulation shall be the
line 31 basis for the delay or denial of a building permit or a use permit
line 32 under this subdivision.
line 33 (8) (A) This subdivision establishes the maximum standards
line 34 that local agencies shall use to evaluate a proposed accessory
line 35 dwelling unit on a lot that includes a proposed or existing
line 36 single-family dwelling. No additional standards, other than those
line 37 provided in this subdivision, shall be used or imposed, except that,
line 38 subject to subparagraph (B), a local agency may require an
line 39 applicant for a permit issued pursuant to this subdivision to be an
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line 1 owner-occupant or that the property be used for rentals of terms
line 2 longer than 30 days.
line 3 (B) (i) Notwithstanding subparagraph (A), a local agency shall
line 4 not impose an owner-occupant requirement on an accessory
line 5 dwelling unit before January 1, 2025.
line 6 (ii) Notwithstanding subparagraph (A), a local agency shall not
line 7 impose an owner-occupant requirement on an accessory dwelling
line 8 unit that was permitted between January 1, 2020, and January 1,
line 9 2025.
line 10 (9) A local agency may amend its zoning ordinance or general
line 11 plan to incorporate the policies, procedures, or other provisions
line 12 applicable to the creation of an accessory dwelling unit if these
line 13 provisions are consistent with the limitations of this subdivision.
line 14 (10) An accessory dwelling unit that conforms to this
line 15 subdivision shall be deemed to be an accessory use or an accessory
line 16 building and shall not be considered to exceed the allowable density
line 17 for the lot upon which it is located, and shall be deemed to be a
line 18 residential use that is consistent with the existing general plan and
line 19 zoning designations for the lot. The accessory dwelling unit shall
line 20 not be considered in the application of any local ordinance, policy,
line 21 or program to limit residential growth.
line 22 (b) When a local agency that has not adopted an ordinance
line 23 governing accessory dwelling units in accordance with subdivision
line 24 (a) receives an application for a permit to create an accessory
line 25 dwelling unit pursuant to this subdivision, the local agency shall
line 26 approve or disapprove the application ministerially without
line 27 discretionary review pursuant to subdivision (a). The permitting
line 28 agency shall either approve or deny the application to create an
line 29 accessory dwelling unit or a junior accessory dwelling unit within
line 30 60 days from the date the local agency receives a completed
line 31 application if there is an existing single-family or multifamily
line 32 dwelling on the lot. If the permit application to create an accessory
line 33 dwelling unit or a junior accessory dwelling unit is submitted with
line 34 a permit application to create a new single-family or multifamily
line 35 dwelling on the lot, the permitting agency may delay approving
line 36 or denying the permit application for the accessory dwelling unit
line 37 or the junior accessory dwelling unit until the permitting agency
line 38 approves or denies the permit application to create the new
line 39 single-family dwelling, but the application to create the accessory
line 40 dwelling unit or junior accessory dwelling unit shall still be
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SB 897 — 9 —
line 1 considered ministerially without discretionary review or a hearing.
line 2 If the applicant requests a delay, the 60-day time period shall be
line 3 tolled for the period of the delay. If the local agency has not
line 4 approved or denied the completed application within 60 days, the
line 5 application shall be deemed approved.
line 6 (c) (1) Subject to paragraph (2), a local agency may establish
line 7 minimum and maximum unit size requirements for both attached
line 8 and detached accessory dwelling units.
line 9 (2) Notwithstanding paragraph (1), a local agency shall not
line 10 establish by ordinance any of the following:
line 11 (A) A minimum square footage requirement for either an
line 12 attached or detached accessory dwelling unit that prohibits an
line 13 efficiency unit.
line 14 (B) A maximum square footage requirement for either an
line 15 attached or detached accessory dwelling unit that is less than either
line 16 of the following:
line 17 (i) 850 square feet.
line 18 (ii) 1,000 square feet for an accessory dwelling unit that provides
line 19 more than one bedroom.
line 20 (C) Any requirement for a zoning clearance or separate zoning
line 21 review or any other minimum or maximum size for an accessory
line 22 dwelling unit, size based upon a percentage of the proposed or
line 23 existing primary dwelling, or limits on lot coverage, floor area
line 24 ratio, open space, and minimum lot size, for either attached or
line 25 detached dwellings that does not permit at least an 800 square foot
line 26 accessory dwelling unit that is lower than the applicable height
line 27 limitation in clause (ii) of subparagraph (B) of paragraph (1) of
line 28 subdivision (e) with four-foot side and rear yard setbacks to be
line 29 constructed in compliance with all other local development
line 30 standards.
line 31 (D) Any requirement for a zoning clearance or separate zoning
line 32 review for either attached or detached dwellings that does not
line 33 permit at least an 800 square foot accessory dwelling unit that is
line 34 lower than the applicable height limitation in clause (ii) of
line 35 subparagraph (B) of paragraph (1) of subdivision (e) with four-foot
line 36 side and rear yard setbacks to be constructed in compliance with
line 37 all other local development standards.
line 38 (d) Notwithstanding any other law, a local agency, and whether
line 39 or not it the local agency has adopted an ordinance governing
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line 1 accessory dwelling units in accordance with subdivision (a), both
line 2 all of the following shall apply:
line 3 (1) The local agency shall not impose any parking standards for
line 4 an accessory dwelling unit in any of the following instances:
line 5 (A) Where the accessory dwelling unit is located within one-half
line 6 mile walking distance of public transit.
line 7 (B) Where the accessory dwelling unit is located within an
line 8 architecturally and historically significant historic district.
line 9 (C) Where the accessory dwelling unit is part of the proposed
line 10 or existing primary residence or an accessory structure.
line 11 (D) When on-street parking permits are required but not offered
line 12 to the occupant of the accessory dwelling unit.
line 13 (E) When there is a car share vehicle located within one block
line 14 of the accessory dwelling unit.
line 15 (F) When a permit application for an accessory dwelling unit
line 16 is submitted with a permit application to create a new single-family
line 17 dwelling on the same lot.
line 18 (2) When a permit application for an accessory dwelling unit
line 19 is submitted with a permit application to create new multifamily
line 20 dwelling units, the local agency shall reduce the number of required
line 21 parking spaces for the multifamily dwelling by 2 parking spaces
line 22 for each proposed detached accessory dwelling unit on the same
line 23 lot.
line 24 (3) The local agency shall not deny an application for a permit
line 25 to create an accessory dwelling unit due to the correction of
line 26 nonconforming zoning conditions or unpermitted structures that
line 27 are not affected by the construction of the accessory dwelling unit.
line 28 (e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a
line 29 local agency shall ministerially approve an application for a
line 30 building permit within a residential or mixed-use zone to create
line 31 any of the following:
line 32 (A) One accessory dwelling unit and one junior accessory
line 33 dwelling unit per lot with a proposed or existing single-family
line 34 dwelling if all of the following apply:
line 35 (i) The accessory dwelling unit or junior accessory dwelling
line 36 unit is within the proposed space of a single-family dwelling or
line 37 existing space of a single-family dwelling or accessory structure
line 38 and may include an expansion of not more than 150 square feet
line 39 beyond the same physical dimensions as the existing accessory
line 40 structure. An expansion beyond the physical dimensions of the
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line 1 existing accessory structure shall be limited to accommodating
line 2 ingress and egress.
line 3 (ii) The space has exterior access from the proposed or existing
line 4 single-family dwelling.
line 5 (iii) The side and rear setbacks are sufficient for fire and safety.
line 6 (iv) The junior accessory dwelling unit complies with the
line 7 requirements of Section 65852.22.
line 8 (B) One detached, new construction, accessory dwelling unit
line 9 that does not exceed four-foot side and rear yard setbacks for a lot
line 10 with a proposed or existing single-family dwelling. The accessory
line 11 dwelling unit may be combined with a junior accessory dwelling
line 12 unit described in subparagraph (A). A local agency may impose
line 13 the following conditions on the accessory dwelling unit:
line 14 (i) A total floor area limitation of not more than 800 square feet.
line 15 (ii) A height limitation of 16 feet, except as follows:
line 16 (I) The local agency may impose a height limitation of not less
line 17 than 25 feet if the accessory dwelling unit is within one-half mile
line 18 walking distance of a major transit stop or a high-quality transit
line 19 corridor, as those terms are defined in Section 21155 of the Public
line 20 Resources Code.
line 21 (II) The local agency may impose a height limitation of not less
line 22 than 25 feet or the height limitation in the local zoning ordinance
line 23 that applies to the primary dwelling, whichever is lower, if the
line 24 accessory dwelling units is attached to a primary dwelling.
line 25 (C) (i) Multiple accessory dwelling units within the portions
line 26 of existing multifamily dwelling structures that are not used as
line 27 livable space, including, but not limited to, storage rooms, boiler
line 28 rooms, passageways, attics, basements, or garages, if each unit
line 29 complies with state building standards for dwellings.
line 30 (ii) A local agency shall allow at least one accessory dwelling
line 31 unit within an existing multifamily dwelling and shall allow up to
line 32 25 percent of the existing multifamily dwelling units.
line 33 (D) (i) Not more than two accessory dwelling units that are
line 34 located on a lot that has an existing or proposed multifamily
line 35 dwelling, but are detached from that multifamily dwelling and are
line 36 subject to the applicable height limitation in clause (ii) of
line 37 subparagraph (B) and rear yard and side setbacks of no more than
line 38 4 feet.
line 39 (ii) If the existing multifamily dwelling exceeds the applicable
line 40 height limitation in clause (ii) of subparagraph (B) or has a rear
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line 1 or side setback of less than 4 feet, the local agency shall not require
line 2 any modification of the existing multifamily dwelling to satisfy
line 3 the requirements of this subparagraph.
line 4 (iii) A local agency shall not reject an application to construct
line 5 an accessory dwelling unit authorized under this subparagraph on
line 6 the basis that the existing multifamily dwelling exceeds the
line 7 applicable height limitation in clause (ii) of subparagraph (B) or
line 8 has a rear or side setback of less than 4 feet.
line 9 (2) A local agency shall not require, as a condition for ministerial
line 10 approval of a permit application for the creation of an accessory
line 11 dwelling unit or a junior accessory dwelling unit, the correction
line 12 of nonconforming zoning conditions.
line 13 (3) The installation of fire sprinklers shall not be required in an
line 14 accessory dwelling unit if sprinklers are not required for the
line 15 primary residence. The construction of an accessory dwelling unit
line 16 shall not trigger a requirement for fire sprinklers to be installed in
line 17 the proposed or existing multifamily dwelling.
line 18 (4) A local agency may require owner-occupancy for either the
line 19 primary dwelling or the accessory dwelling unit on a single-family
line 20 lot, subject to the requirements of paragraph (8) of subdivision (a).
line 21 (5) A local agency shall require that a rental of the accessory
line 22 dwelling unit created pursuant to this subdivision be for a term
line 23 longer than 30 days.
line 24 (6) A local agency may require, as part of the application for a
line 25 permit to create an accessory dwelling unit connected to an onsite
line 26 wastewater treatment system, a percolation test completed within
line 27 the last five years, or, if the percolation test has been recertified,
line 28 within the last 10 years.
line 29 (7) Notwithstanding subdivision (c) and paragraph (1) a local
line 30 agency that has adopted an ordinance by July 1, 2018, providing
line 31 for the approval of accessory dwelling units in multifamily
line 32 dwelling structures shall ministerially consider a permit application
line 33 to construct an accessory dwelling unit that is described in
line 34 paragraph (1), and may impose objective standards including, but
line 35 not limited to, design, development, and historic standards on said
line 36 accessory dwelling units. These standards shall not include
line 37 requirements on minimum lot size.
line 38 (f) (1) Fees charged for the construction of accessory dwelling
line 39 units shall be determined in accordance with Chapter 5
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SB 897 — 13 —
line 1 (commencing with Section 66000) and Chapter 7 (commencing
line 2 with Section 66012).
line 3 (2) An accessory dwelling unit shall not be considered by a
line 4 local agency, special district, or water corporation to be a new
line 5 residential use for purposes of calculating connection fees or
line 6 capacity charges for utilities, including water and sewer service,
line 7 unless the accessory dwelling unit was constructed with a new
line 8 single-family dwelling.
line 9 (3) (A) A local agency, special district, or water corporation
line 10 shall not impose any impact fee upon the development of an
line 11 accessory dwelling unit less than 750 square feet. Any impact fees
line 12 charged for an accessory dwelling unit of 750 square feet or more
line 13 shall be charged proportionately in relation to the square footage
line 14 of the primary dwelling unit.
line 15 (B) For purposes of this paragraph, “impact fee” has the same
line 16 meaning as the term “fee” is defined in subdivision (b) of Section
line 17 66000, except that it also includes fees specified in Section 66477.
line 18 “Impact fee” does not include any connection fee or capacity
line 19 charge charged by a local agency, special district, or water
line 20 corporation.
line 21 (4) For an accessory dwelling unit described in subparagraph
line 22 (A) of paragraph (1) of subdivision (e), a local agency, special
line 23 district, or water corporation shall not require the applicant to
line 24 install a new or separate utility connection directly between the
line 25 accessory dwelling unit and the utility or impose a related
line 26 connection fee or capacity charge, unless the accessory dwelling
line 27 unit was constructed with a new single-family dwelling.
line 28 (5) For an accessory dwelling unit that is not described in
line 29 subparagraph (A) of paragraph (1) of subdivision (e), a local
line 30 agency, special district, or water corporation may require a new
line 31 or separate utility connection directly between the accessory
line 32 dwelling unit and the utility. Consistent with Section 66013, the
line 33 connection may be subject to a connection fee or capacity charge
line 34 that shall be proportionate to the burden of the proposed accessory
line 35 dwelling unit, based upon either its square feet or the number of
line 36 its drainage fixture unit (DFU) values, as defined in the Uniform
line 37 Plumbing Code adopted and published by the International
line 38 Association of Plumbing and Mechanical Officials, upon the water
line 39 or sewer system. This fee or charge shall not exceed the reasonable
line 40 cost of providing this service.
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line 1 (g) This section does not limit the authority of local agencies
line 2 to adopt less restrictive requirements for the creation of an
line 3 accessory dwelling unit.
line 4 (h) (1) A local agency shall submit a copy of the ordinance
line 5 adopted pursuant to subdivision (a) to the Department of Housing
line 6 and Community Development within 60 days after adoption. After
line 7 adoption of an ordinance, the department may submit written
line 8 findings to the local agency as to whether the ordinance complies
line 9 with this section.
line 10 (2) (A) If the department finds that the local agency’s ordinance
line 11 does not comply with this section, the department shall notify the
line 12 local agency and shall provide the local agency with a reasonable
line 13 time, no longer than 30 days, to respond to the findings before
line 14 taking any other action authorized by this section.
line 15 (B) The local agency shall consider the findings made by the
line 16 department pursuant to subparagraph (A) and shall do one of the
line 17 following:
line 18 (i) Amend the ordinance to comply with this section.
line 19 (ii) Adopt the ordinance without changes. The local agency
line 20 shall include findings in its resolution adopting the ordinance that
line 21 explain the reasons the local agency believes that the ordinance
line 22 complies with this section despite the findings of the department.
line 23 (3) (A) If the local agency does not amend its ordinance in
line 24 response to the department’s findings or does not adopt a resolution
line 25 with findings explaining the reason the ordinance complies with
line 26 this section and addressing the department’s findings, the
line 27 department shall notify the local agency and may notify the
line 28 Attorney General that the local agency is in violation of state law.
line 29 (B) Before notifying the Attorney General that the local agency
line 30 is in violation of state law, the department may consider whether
line 31 a local agency adopted an ordinance in compliance with this section
line 32 between January 1, 2017, and January 1, 2020.
line 33 (i) The department may review, adopt, amend, or repeal
line 34 guidelines to implement uniform standards or criteria that
line 35 supplement or clarify the terms, references, and standards set forth
line 36 in this section. The guidelines adopted pursuant to this subdivision
line 37 are not subject to Chapter 3.5 (commencing with Section 11340)
line 38 of Part 1 of Division 3 of Title 2.
line 39 (j) As used in this section, the following terms mean:
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SB 897 — 15 —
line 1 (1) “Accessory dwelling unit” means an attached or a detached
line 2 residential dwelling unit that provides complete independent living
line 3 facilities for one or more persons and is located on a lot with a
line 4 proposed or existing primary residence. It shall include permanent
line 5 provisions for living, sleeping, eating, cooking, and sanitation on
line 6 the same parcel as the single-family or multifamily dwelling is or
line 7 will be situated. An accessory dwelling unit also includes the
line 8 following:
line 9 (A) An efficiency unit.
line 10 (B) A manufactured home, as defined in Section 18007 of the
line 11 Health and Safety Code.
line 12 (2) “Accessory structure” means a structure that is accessory
line 13 and incidental to a dwelling located on the same lot.
line 14 (3) “Efficiency unit” has the same meaning as defined in Section
line 15 17958.1 of the Health and Safety Code.
line 16 (4) “Living area” means the interior habitable area of a dwelling
line 17 unit, including basements and attics, but does not include a garage
line 18 or any accessory structure.
line 19 (5) “Local agency” means a city, county, or city and county,
line 20 whether general law or chartered.
line 21 (6) “Nonconforming zoning condition” means a physical
line 22 improvement on a property that does not conform with current
line 23 zoning standards.
line 24 (7) “Objective standards” means standards that involve no
line 25 personal or subjective judgment by a public official and are
line 26 uniformly verifiable by reference to an external and uniform
line 27 benchmark or criterion available and knowable by both the
line 28 development applicant or proponent and the public official prior
line 29 to submittal.
line 30 (8) “Passageway” means a pathway that is unobstructed clear
line 31 to the sky and extends from a street to one entrance of the accessory
line 32 dwelling unit.
line 33 (9) “Proposed dwelling” means a dwelling that is the subject of
line 34 a permit application and that meets the requirements for permitting.
line 35 (10) “Public transit” means a location, including, but not limited
line 36 to, a bus stop or train station, where the public may access buses,
line 37 trains, subways, and other forms of transportation that charge set
line 38 fares, run on fixed routes, and are available to the public.
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line 1 (11) “Tandem parking” means that two or more automobiles
line 2 are parked on a driveway or in any other location on a lot, lined
line 3 up behind one another.
line 4 (k) A local agency shall not issue a certificate of occupancy for
line 5 an accessory dwelling unit before the local agency issues a
line 6 certificate of occupancy for the primary dwelling.
line 7 (l) Nothing in this section shall be construed to supersede or in
line 8 any way alter or lessen the effect or application of the California
line 9 Coastal Act of 1976 (Division 20 (commencing with Section
line 10 30000) of the Public Resources Code), except that the local
line 11 government shall not be required to hold public hearings for coastal
line 12 development permit applications for accessory dwelling units.
line 13 (m) A local agency may count an accessory dwelling unit for
line 14 purposes of identifying adequate sites for housing, as specified in
line 15 subdivision (a) of Section 65583.1, subject to authorization by the
line 16 department and compliance with this division.
line 17 (n) In enforcing building standards pursuant to Article 1
line 18 (commencing with Section 17960) of Chapter 5 of Part 1.5 of
line 19 Division 13 of the Health and Safety Code for an accessory
line 20 dwelling unit described in paragraph (1) or (2) below or the primary
line 21 dwelling for one of those units, a local agency, upon request of an
line 22 owner of an accessory dwelling unit for a delay in enforcement,
line 23 shall delay enforcement of a building standard, subject to
line 24 compliance with Section 17980.12 of the Health and Safety Code:
line 25 (1) The accessory dwelling unit was built before January 1,
line 26 2020.
line 27 (2) The accessory dwelling unit was built on or after January
line 28 1, 2020, in a local jurisdiction that, at the time the accessory
line 29 dwelling unit was built, had a noncompliant accessory dwelling
line 30 unit ordinance, but the ordinance is compliant at the time the
line 31 request is made.
line 32 SEC. 3. Section 65852.2 of the Government Code, as amended
line 33 by Section 2 of Chapter 343 of the Statutes of 2021, is repealed.
line 34 SEC. 4. Section 65852.22 of the Government Code is amended
line 35 to read:
line 36 65852.22. (a) Notwithstanding Section 65852.2, a local agency
line 37 may, by ordinance, provide for the creation of junior accessory
line 38 dwelling units in single-family residential zones. The ordinance
line 39 may require a permit to be obtained for the creation of a junior
line 40 accessory dwelling unit, and shall do all of the following:
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SB 897 — 17 —
line 1 (1) Limit the number of junior accessory dwelling units to one
line 2 per residential lot zoned for single-family residences with a
line 3 single-family residence built, or proposed to be built, on the lot.
line 4 (2) Require owner-occupancy in the single family residence in
line 5 which the junior accessory dwelling unit will be permitted. The
line 6 owner may reside in either the remaining portion of the structure
line 7 or the newly created junior accessory dwelling unit.
line 8 Owner-occupancy shall not be required if the owner is another
line 9 governmental agency, land trust, or housing organization.
line 10 (3) Require the recordation of a deed restriction, which shall
line 11 run with the land, shall be filed with the permitting agency, and
line 12 shall include both of the following:
line 13 (A) A prohibition on the sale of the junior accessory dwelling
line 14 unit separate from the sale of the single-family residence, including
line 15 a statement that the deed restriction may be enforced against future
line 16 purchasers.
line 17 (B) A restriction on the size and attributes of the junior accessory
line 18 dwelling unit that conforms with this section.
line 19 (4) Require a permitted junior accessory dwelling unit to be
line 20 constructed within the walls of the proposed or existing
line 21 single-family residence or attached to a detached accessory
line 22 dwelling unit. For purposes of this paragraph, enclosed uses within
line 23 the residence, such as attached garages, are considered a part of
line 24 the proposed or existing single-family residence.
line 25 (5) (A) Require a permitted junior accessory dwelling unit to
line 26 include a separate entrance from the main entrance to the proposed
line 27 or existing single-family residence or attached to a detached
line 28 accessory dwelling unit.
line 29 (B) If a permitted junior accessory dwelling unit does not include
line 30 a separate sanitation facilities, bathroom, the permitted junior
line 31 accessory dwelling unit shall include a separate entrance from the
line 32 main entrance to the structure, with an interior entry to the main
line 33 living area.
line 34 (6) Require the permitted junior accessory dwelling unit to
line 35 include an efficiency kitchen, which shall include all of the
line 36 following:
line 37 (A) A cooking facility with appliances.
line 38 (B) A food preparation counter and storage cabinets that are of
line 39 reasonable size in relation to the size of the junior accessory
line 40 dwelling unit.
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line 1 (b) (1) An ordinance shall not require additional parking as a
line 2 condition to grant a permit.
line 3 (2) This subdivision shall not be interpreted to prohibit the
line 4 requirement of an inspection, including the imposition of a fee for
line 5 that inspection, to determine if the junior accessory dwelling unit
line 6 complies with applicable building standards.
line 7 (c) An application for a permit pursuant to this section shall,
line 8 notwithstanding Section 65901 or 65906 or any local ordinance
line 9 regulating the issuance of variances or special use permits, be
line 10 considered ministerially, without discretionary review or a hearing.
line 11 The permitting agency shall either approve or deny the application
line 12 to create a junior accessory dwelling unit within 60 days from the
line 13 date the local agency receives a completed application if there is
line 14 an existing single-family dwelling on the lot. If the permit
line 15 application to create a junior accessory dwelling unit is submitted
line 16 with a permit application to create a new single-family dwelling
line 17 on the lot, the permitting agency may delay approving or denying
line 18 the permit application for the junior accessory dwelling unit until
line 19 the permitting agency approves or denies the permit application
line 20 to create the new single-family dwelling, but the application to
line 21 create the junior accessory dwelling unit shall still be considered
line 22 ministerially without discretionary review or a hearing. If the
line 23 applicant requests a delay, the 60-day time period shall be tolled
line 24 for the period of the delay. A local agency may charge a fee to
line 25 reimburse the local agency for costs incurred in connection with
line 26 the issuance of a permit pursuant to this section.
line 27 (d) A local agency shall not deny an application for a permit
line 28 to create a junior accessory dwelling unit pursuant to this section
line 29 due to the correction of nonconforming zoning conditions or
line 30 unpermitted structures that are not affected by the construction of
line 31 the junior accessory dwelling unit.
line 32 (d)
line 33 (e) For purposes of any fire or life protection ordinance or
line 34 regulation, a junior accessory dwelling unit shall not be considered
line 35 a separate or new dwelling unit. This section shall not be construed
line 36 to prohibit a city, county, city and county, or other local public
line 37 entity from adopting an ordinance or regulation relating to fire and
line 38 life protection requirements within a single-family residence that
line 39 contains a junior accessory dwelling unit so long as the ordinance
line 40 or regulation applies uniformly to all single-family residences
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SB 897 — 19 —
line 1 within the zone regardless of whether the single-family residence
line 2 includes a junior accessory dwelling unit or not.
line 3 (e)
line 4 (f) For purposes of providing service for water, sewer, or power,
line 5 including a connection fee, a junior accessory dwelling unit shall
line 6 not be considered a separate or new dwelling unit.
line 7 (f)
line 8 (g) This section shall not be construed to prohibit a local agency
line 9 from adopting an ordinance or regulation related to a service or a
line 10 connection fee for water, sewer, or power, that applies to a
line 11 single-family residence that contains a junior accessory dwelling
line 12 unit, so long as that ordinance or regulation applies uniformly to
line 13 all single-family residences regardless of whether the single-family
line 14 residence includes a junior accessory dwelling unit.
line 15 (g)
line 16 (h) If a local agency has not adopted a local ordinance pursuant
line 17 to this section, the local agency shall ministerially approve a permit
line 18 to construct a junior accessory dwelling unit that satisfies the
line 19 requirements set forth in subparagraph (A) of paragraph (1) of
line 20 subdivision (e) of Section 65852.2 and the requirements of this
line 21 section.
line 22 (h)
line 23 (i) For purposes of this section, the following terms have the
line 24 following meanings:
line 25 (1) “Junior accessory dwelling unit” means a unit that is no
line 26 more than 500 square feet in size and contained entirely within a
line 27 single-family residence. A junior accessory dwelling unit may
line 28 include separate sanitation facilities, or may share sanitation
line 29 facilities with the existing structure.
line 30 (2) “Local agency” means a city, county, or city and county,
line 31 whether general law or chartered.
line 32 SEC. 5. Section 65852.23 is added to the Government Code,
line 33 to read:
line 34 65852.23. (a) Notwithstanding any other law, and except as
line 35 otherwise provided in subdivision (b), a local agency shall not
line 36 deny a permit for an unpermitted accessory dwelling unit that was
line 37 constructed before January 1, 2018, due to any either of the
line 38 following:
line 39 (1) The accessory dwelling unit is in violation of building
line 40 standards pursuant to Article 1 (commencing with Section 17960)
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line 1 of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety
line 2 Code.
line 3 (2) The accessory dwelling unit does not comply with Section
line 4 65852.2 or any local ordinance regulating accessory dwelling units.
line 5 (3) The correction of nonconforming zoning conditions or
line 6 unpermitted structures that are not affected by the construction of
line 7 the accessory dwelling unit.
line 8 (b) Notwithstanding subdivision (a), a local agency may deny
line 9 a permit for an accessory dwelling unit subject to subdivision (a)
line 10 if the local agency makes a finding that correcting the violation is
line 11 necessary to protect the health and safety of the public or occupants
line 12 of the structure.
line 13 (c) The section shall not apply to a building that is deem
line 14 substandard pursuant to Section 17920.3 of the Health and Safety
line 15 Code.
line 16 SEC. 6. Section 17980.12 of the Health and Safety Code is
line 17 amended to read:
line 18 17980.12. (a) (1) An enforcement agency, until January 1,
line 19 2030, that issues to an owner of an accessory dwelling unit
line 20 described in subparagraph (A) or (B) below, a notice to correct a
line 21 violation of any provision of any building standard pursuant to
line 22 this part shall include in that notice a statement that the owner of
line 23 the unit has a right to request a delay in enforcement pursuant to
line 24 this subdivision:
line 25 (A) The accessory dwelling unit was built before January 1,
line 26 2020.
line 27 (B) The accessory dwelling unit was built on or after January
line 28 1, 2020, in a local jurisdiction that, at the time the accessory
line 29 dwelling unit was built, had a noncompliant accessory dwelling
line 30 unit ordinance, but the ordinance is compliant at the time the
line 31 request is made.
line 32 (2) The owner of an accessory dwelling unit that receives a
line 33 notice to correct violations or abate nuisances as described in
line 34 paragraph (1) may, in the form and manner prescribed by the
line 35 enforcement agency, submit an application to the enforcement
line 36 agency requesting that enforcement of the violation be delayed for
line 37 five years on the basis that correcting the violation is not necessary
line 38 to protect health and safety.
line 39 (3) A delay in enforcement granted for an accessory dwelling
line 40 unit, as described in paragraph (2), shall also apply to a violation
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SB 897 — 21 —
line 1 of any provision of any building standard that applies to the
line 2 primary dwelling of the accessory dwelling unit, provided that
line 3 correcting the violation is not necessary to protect health and safety.
line 4 (4) The enforcement agency shall grant an application described
line 5 in paragraph (2) if the enforcement agency determines that
line 6 correcting the violation is not necessary to protect health and safety.
line 7 In making this determination, the enforcement agency shall consult
line 8 with the entity responsible for enforcement of building standards
line 9 and other regulations of the State Fire Marshal pursuant to Section
line 10 13146.
line 11 (5) The enforcement agency shall not approve any applications
line 12 pursuant to this section on or after January 1, 2030. However, any
line 13 delay that was approved by the enforcement agency before January
line 14 1, 2030, shall be valid for the full term of the delay that was
line 15 approved at the time of the initial approval of the application
line 16 pursuant to paragraph (4).
line 17 (b) For purposes of this section, “accessory dwelling unit” has
line 18 the same meaning as defined in Section 65852.2.
line 19 (c) This section shall remain in effect only until January 1, 2035,
line 20 and as of that date is repealed.
line 21 SEC. 7. No reimbursement is required by this act pursuant to
line 22 Section 6 of Article XIII B of the California Constitution because
line 23 a local agency or school district has the authority to levy service
line 24 charges, fees, or assessments sufficient to pay for the program or
line 25 level of service mandated by this act, within the meaning of Section
line 26 17556 of the Government Code.
O
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AMENDED IN SENATE JUNE 21, 2022
AMENDED IN SENATE JUNE 8, 2022
AMENDED IN ASSEMBLY MAY 19, 2022
AMENDED IN ASSEMBLY APRIL 20, 2022
AMENDED IN ASSEMBLY MARCH 28, 2022
california legislature—2021–22 regular session
ASSEMBLY BILL No. 1737
Introduced by Assembly Member Holden
January 31, 2022
An act to amend Section 18897 of, and to add Division 40
(commencing with Section 60000) to, the Health and Safety Code, and
to amend Section 11165.7 of the Penal Code, relating to children’s
camps.
legislative counsel’s digest
AB 1737, as amended, Holden. Children’s camps: registration and
inspection. safety.
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,
94
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 include “children’s camps” within the definition of
organized camps and additionally would define “children’s camp” as
a camp that offers daytime or overnight experiences administered by
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, except as specified. The bill would exempt youth
sports leagues and teams, and camps owned or operated by local
education agencies, from the definition of a children’s camp.
This bill would require the operator of a children’s camp to annually
register with the State Department of Social Services (department) at
least 90 days before commencing operations. The bill would require
the department to provide a registration form for a children’s camp to
file with the department 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 a
camp operator of multiple camps to submit a single registration form
for all of the camps they operate, as specified. The bill would authorize
the department to charge a registration fee that does not exceed the
reasonable costs incurred by the department to register and inspect the
children’s camps. The bill would require the department to make
random, unannounced inspections of all children’s camps during the
calendar year.
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,
fires, severe illnesses and injuries, and active shooters. The bill also
would require the camp to submit the operating plan and emergency
action plan to the department. The bill would require all camp staff to
be trained in implementation of the operating plan and emergency action
plan. The bill would exempt children’s programs that do not provide
nonpassive activities, as specified, from the inspection, operating plan,
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and emergency plan requirements. The bill would require each children’s
camp to ensure that an adult supervisor is available on the premises of
the children’s camp whenever campers are present.
This bill would require a camp operator or camp director to check
the background and character of each prospective camp staff member
or counselor, regardless of age, on an annual basis, as specified. The
bill would require a camp operator, camp director, staff member,
counselor 18 years of age or older, or regular volunteer of a children’s
camp to complete training in child abuse and neglect identification and
training in child abuse and neglect reporting, as specified, and to undergo
a background check pursuant to a specified provision.
This bill would require the department to submit an annual report to
the State Department of Public Health that contains specified
information, including, among other things, the types of camps and the
number of each camp type, and the camp locations.
This bill would require the Secretary of the California Health and
Human Services Agency, or their designee, to convene an advisory
committee, with specified membership, to advise and consult on how
to ensure safety in children’s camps. The bill would require the advisory
committee to the advisory committee to convene no later than March
1, 2023. The bill would require the advisory committee to develop a
plan for ensuring the safety of children’s camps in California, and report
the plan to the Governor and specified committees of the Legislature
on or before December 31, 2024. in coordination with the Director of
Social Services, to lead the development and implementation of a master
plan for children’s camp safety, to serve as a blueprint for state
government, local government, and the private sector to implement
strategies and partnerships that promote health and safety in children’s
camps across California. The bill would require the secretary and
director to convene an agency workgroup for camp safety, with specified
membership, to advise the secretary and director in developing and
issuing the master plan, and a children’s camp safety stakeholder
advisory committee to provide advice and input to the administration
on the development of the master plan. The bill would require the State
Department of Social Services to submit a report to the Governor and
the Legislature by January 31, 2024, identifying the recommendations
of the workgroup and advisory committee and outlining the master
plan.
Existing law requires a mandated reporter to report whenever they,
in their professional capacity or within the scope of their employment,
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AB 1737 — 3 —
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 a camp director, camp operator, staff
member, or counselor 18 years of age or older of a children’s camp a
mandated reporter. By expanding the scope of 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 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. It is the intent of the Legislature in enacting this
line 2 act that a master plan for children’s camp safety be developed to
line 3 ensure that all children attending camp in California are protected
line 4 from abuse and harm, and for a clear regulatory framework to be
line 5 established for children’s camps in the state.
line 6 SECTION 1.
line 7 SEC. 2. Section 18897 of the Health and Safety Code is
line 8 amended to read:
line 9 18897. (a) “Organized camp” means a site with a program and
line 10 facilities established for the primary purposes of providing an
line 11 outdoor group living experience with social, spiritual, educational,
line 12 or recreational objectives, for five days or more during one or more
line 13 seasons of the year. “Organized camp” includes a children’s camp.
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line 1 (b) “Children’s camp” means a camp that offers daytime or
line 2 overnight experiences administered by adults who provide social,
line 3 cultural, educational, recreational, or artistic programming to more
line 4 than five children between 3 and 17 years of age for five days or
line 5 longer. A children’s camp does not include a youth sports league
line 6 or team, or a camp owned or operated by a local education agency.
line 7 (c) The term “organized camp” does not include a children’s
line 8 camp, motel, tourist camp, trailer park, resort, hunting camp, auto
line 9 court, labor camp, penal or correctional camp, and does not include
line 10 a childcare institution or home-finding agency.
line 11 (d) The term “organized camp” also does not include any
line 12 charitable or recreational organization that complies with the rules
line 13 and regulations for recreational trailer parks.
line 14 SEC. 2. Division 40 (commencing with Section 60000) is added
line 15 to the Health and Safety Code, to read:
line 16
line 17 DIVISION 40. LOCAL REGULATION OF CHILDREN’S
line 18 CAMPS
line 19
line 20 60000. For purposes of this chapter:
line 21 (a) “Camp director” means a person who is responsible for
line 22 day-to-day decisionmaking and supervision of children’s camp
line 23 programs and staff.
line 24 (b) “Camp operator” means an individual, partnership, joint
line 25 venture, or organization that owns, leases, rents, or operates a
line 26 children’s camp, or an individual, partnership, or joint venture that
line 27 has care, charge, or control of a children’s camp.
line 28 (c) (1) “Children’s camp” means a camp that offers daytime
line 29 or overnight experiences administered by adults who provide
line 30 social, cultural, educational, recreational, or artistic programming
line 31 to more than five children between 3 and 17 years of age for five
line 32 days or longer. A children’s camp does not include a youth sports
line 33 league or team, or a camp owned or operated by a local education
line 34 agency.
line 35 (2) The term “children’s camp” does not include a motel, tourist
line 36 camp, trailer park, resort, hunting camp, auto court, labor camp,
line 37 or penal or correctional camp, and does not include a childcare
line 38 institution or home-finding agency.
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AB 1737 — 5 —
line 1 (3) The term “children’s camp” also does not include any
line 2 charitable or recreational organization that complies with the rules
line 3 and regulations for recreational trailer parks.
line 4 (d) “CPR certification” means pediatric cardiopulmonary
line 5 resuscitation certification, including automated external
line 6 defibrillator certification, issued by the American Red Cross,
line 7 American Heart Association, or an equivalent program approved
line 8 by the Emergency Medical Services Authority under Section
line 9 1797.191. A certification shall be valid as specified by the provider.
line 10 (e) “Department” means the State Department of Social
line 11 Services.
line 12 60001. (a) The operator of a children’s camp shall annually
line 13 register with the department at least 90 days before commencing
line 14 operations.
line 15 (b) The department shall provide a form for an operator to
line 16 submit to the department that documents all of the following
line 17 information:
line 18 (1) The name and contact information of the camp operator.
line 19 (2) The name and location of the children’s camp.
line 20 (3) The name and contact information of the camp director.
line 21 (4) The dates that the children’s camp proposes to operate during
line 22 the calendar year.
line 23 (5) The total number of campers expected to attend.
line 24 (6) The total number of full-time staff.
line 25 (7) The total number of counselors.
line 26 (8) Whether the children’s camp offers any of the following
line 27 activities:
line 28 (A) Contact sports.
line 29 (B) Motorsports.
line 30 (C) Rock climbing.
line 31 (D) Target sports, including rifle ranges or archery.
line 32 (E) Aquatic activities, including sailing.
line 33 (F) Low- and high-level challenge courses, including ziplines.
line 34 (G) Horseback riding.
line 35 (9) Any other information deemed relevant by the department.
line 36 (c) When registering with the department, a children’s camp
line 37 shall submit copies of its operating plan and emergency action
line 38 plan that are required pursuant to Section 60004.
line 39 (d) A camp operator of multiple children’s camps may submit
line 40 a single registration form for all of the camps they operate. In
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line 1 addition to the registration form, the camp operator shall submit
line 2 all attachments and supplemental documentation necessary to
line 3 provide all of the required information for each camp.
line 4 60001.5. (a) A children’s program that does not provide
line 5 nonpassive activities, including the activities described in paragraph
line 6 (8) of subdivision (b) of Section 60001, and similar activities shall
line 7 be required to register pursuant to Section 60001, but shall not be
line 8 required to comply with the requirements of Sections 60004 and
line 9 60004.5, and shall not be subject to the registration fee
line 10 requirements of Section 60005.
line 11 (b) A children’s camp identified in subdivision (a) is required
line 12 to comply with the requirements of Section 60003.5.
line 13 60002. A camp operator or camp director shall check the
line 14 background and character of each prospective camp staff member
line 15 or counselor, regardless of age, on an annual basis, through
line 16 character references, background checks, and a sex offender
line 17 registry information check.
line 18 60003. Each children’s camp shall ensure that an adult
line 19 supervisor is available on the premises of the children’s camp
line 20 whenever campers are present.
line 21 60003.5. (a) A camp operator, camp director, staff member,
line 22 or counselor of a children’s camp shall complete training in child
line 23 abuse and neglect identification and training in child abuse and
line 24 neglect reporting, pursuant to Section 18975 of the Business and
line 25 Professions Code, prior to commencing work at the children’s
line 26 camp. The training requirement may be met by completing the
line 27 online mandated reporter training provided by the Office of Child
line 28 Abuse Prevention in the State Department of Social Services.
line 29 (b) A camp operator, camp director, staff member, counselor,
line 30 or regular volunteer of a children's camp shall undergo a
line 31 background check pursuant to Section 11105.3 of the Penal Code
line 32 to identify and exclude any persons with a history of child abuse.
line 33 (c) A children’s camp shall develop and implement child abuse
line 34 prevention policies and procedures, including, but not limited to,
line 35 both of the following:
line 36 (1) Reporting of suspected incidents of child abuse to persons
line 37 or entities outside of the organization, including the reporting
line 38 required pursuant to Section 11165.9 of the Penal Code.
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AB 1737 — 7 —
line 1 (2) Requiring, to the greatest extent possible, the presence of at
line 2 least two mandated reporters whenever administrators, employees,
line 3 or volunteers are in contact with, or supervising, children.
line 4 (d) Before writing liability insurance for a children’s camp in
line 5 this state, an insurer may request information demonstrating
line 6 compliance with this section from the children’s camp as a part of
line 7 the insurer’s loss control program.
line 8 (e) For purposes of this section, “regular volunteer” means a
line 9 volunteer with the children’s camp who is 18 years of age or older
line 10 and who has direct contact with, or supervision of, children for
line 11 more than 16 hours per month or 32 hours per year.
line 12 60004. (a) Each children’s camp shall develop and maintain
line 13 an operating plan that includes all of the following information:
line 14 (1) The purpose and philosophy of the camp.
line 15 (2) The admission policy of the camp.
line 16 (3) Proposed operating hours.
line 17 (4) Proposed fee schedule.
line 18 (5) The ages of children accepted.
line 19 (6) Procedures for dropping off and picking up campers.
line 20 (7) Discipline policies.
line 21 (8) Parent notification and visitation policies.
line 22 (9) Services offered for children with special needs.
line 23 (10) Security and emergency procedures.
line 24 (11) Health and safety policies.
line 25 (12) Offsite trip policies.
line 26 (13) Policies for the storage of personal belongings.
line 27 (14) Inclement weather policies.
line 28 (15) Special equipment policies.
line 29 (16) A site location description.
line 30 (17) Buildings and facilities descriptions and planned usage of
line 31 those buildings and facilities.
line 32 (18) Environmental hazards.
line 33 (19) Equipment access, control, and maintenance.
line 34 (20) Food service provided.
line 35 (21) Transportation policies.
line 36 (22) Director and operator qualifications and training.
line 37 (23) Staff background check and skills verification procedures.
line 38 (24) Participant eligibility requirements.
line 39 (25) Staff-to-camper supervision ratios.
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line 1 (26) Procedures for onsite and offsite nonrisk and high-risk
line 2 activities.
line 3 (b) (1) Each children’s camp shall develop and maintain an
line 4 emergency action plan that contains procedures to address the
line 5 following emergency situations:
line 6 (A) Natural disasters.
line 7 (B) (i) Lost campers and lost swimmers.
line 8 (ii) All campers, counselors, and staff shall review the written
line 9 lost camper and lost swimmer plans that shall also be kept on file.
line 10 (C) Fires.
line 11 (i) The fire emergency action plan shall require that fire drills
line 12 be held at least once per camp session.
line 13 (ii) The fire emergency action plan shall be submitted in writing
line 14 and be approved by the local fire department.
line 15 (D) Transportation emergencies.
line 16 (E) Severe illnesses and injuries.
line 17 (F) Unidentified individuals on the camp premises.
line 18 (G) Aquatic emergencies, if applicable.
line 19 (H) Active shooters.
line 20 (I) Other emergency situations as appropriate for the site.
line 21 (2) The emergency action plan shall include all of the following
line 22 procedures:
line 23 (A) Evacuation of the camp premises.
line 24 (B) Control of vehicular traffic through the camp.
line 25 (C) Communication from persons at the site of an emergency
line 26 to emergency medical facilities, the nearest fire station, and camp
line 27 staff.
line 28 (c) Camp staff shall be trained in implementation of the
line 29 procedures set forth in the operating plan and emergency action
line 30 plan.
line 31 (d) A children’s camp shall maintain a copy of the operating
line 32 plan and emergency action plan required pursuant to this section
line 33 on file on the camp premises and make the plans available for
line 34 inspection by any camper or their agent.
line 35 60004.5. The department shall conduct random, unannounced
line 36 inspections of all registered children’s camps during the calendar
line 37 year.
line 38 60005. (a) (1) The department may charge a registration fee
line 39 to a children’s camp that files an annual registration pursuant to
line 40 Section 60001.
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AB 1737 — 9 —
line 1 (2) A registration fee charged pursuant to this section shall not
line 2 exceed the reasonable costs incurred for the registration and
line 3 inspection of children’s camps within the jurisdiction.
line 4 (b) A children’s camp that does not register, but is operating as
line 5 a children’s camp, shall be subject to a monetary penalty in the
line 6 amount determined by the department.
line 7 60006. The department shall submit an annual report to the
line 8 State Department of Public Health that provides all of the following
line 9 information regarding each children’s camp registered pursuant
line 10 to Section 60001:
line 11 (a) The types of camps, and number of each camp type.
line 12 (b) The number of participants in each camp.
line 13 (c) The location of each camp.
line 14 (d) The total number of campers for the calendar year.
line 15 60007. The Legislature finds and declares that this division
line 16 addresses a matter of statewide concern rather than a municipal
line 17 affair as that term is used in Section 5 of Article XI of the
line 18 California Constitution. Therefore, this division applies to all cities,
line 19 including charter cities.
line 20 SEC. 3. Division 40 (commencing with Section 60000) is added
line 21 to the Health and Safety Code, to read:
line 22
line 23 DIVISION 40. CHILDREN’S CAMP SAFETY
line 24
line 25 60000. (a) A camp operator, camp director, staff member, or
line 26 counselor 18 years of age or older of a children’s camp shall
line 27 complete training in child abuse and neglect identification and
line 28 training in child abuse and neglect reporting, pursuant to Section
line 29 18975 of the Business and Professions Code, prior to commencing
line 30 work at the children’s camp. The training requirement may be met
line 31 by completing the online mandated reporter training provided by
line 32 the Office of Child Abuse Prevention in the State Department of
line 33 Social Services.
line 34 (b) A camp operator, camp director, staff member, counselor,
line 35 or regular volunteer of a children’s camp shall undergo a
line 36 background check pursuant to Section 11105.3 of the Penal Code
line 37 to identify and exclude any persons with a history of child abuse.
line 38 (c) A children’s camp shall develop and implement child abuse
line 39 prevention policies and procedures, including, but not limited to,
line 40 both of the following:
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line 1 (1) Reporting of suspected incidents of child abuse to persons
line 2 or entities outside of the organization, including the reporting
line 3 required pursuant to Section 11165.9 of the Penal Code.
line 4 (2) Requiring, to the greatest extent possible, the presence of
line 5 at least two mandated reporters whenever administrators,
line 6 employees, or volunteers are in contact with, or supervising,
line 7 children.
line 8 (d) Before writing liability insurance for a children’s camp in
line 9 this state, an insurer may request information demonstrating
line 10 compliance with this section from the children’s camp as a part
line 11 of the insurer’s loss control program.
line 12 (e) The following definitions apply for purposes of this division:
line 13 (1) “Camp director” means a person who is responsible for
line 14 day-to-day decisionmaking and supervision of children’s camp
line 15 programs and staff.
line 16 (2) “Camp operator” means an individual, partnership, joint
line 17 venture, or organization that owns, leases, rents, or operates a
line 18 children’s camp, or an individual, partnership, or joint venture
line 19 that has care, charge, or control of a children’s camp.
line 20 (3) “Regular volunteer” means a volunteer with the children’s
line 21 camp who is 18 years of age or older and who has direct contact
line 22 with, or supervision of, children for more than 16 hours per month
line 23 or 32 hours per year.
line 24 60001. (a) (1) The Secretary of California Health and Human
line 25 Services, in coordination with the Director of Social Services, shall
line 26 lead the development and implementation of a master plan for
line 27 children’s camp safety. The master plan shall serve as a blueprint
line 28 for state government, local government, and the private sector to
line 29 implement strategies and partnerships that promote health and
line 30 safety in children’s camps across California.
line 31 (2) For purposes of this division, “children’s camp” means the
line 32 same as defined in Section 18897.
line 33 (b) The secretary and director shall convene an agency
line 34 workgroup for camp safety to advise the secretary and director in
line 35 the developing and issuing the master plan.
line 36 (c) The secretary and director, with the assistance of the
line 37 workgroup, shall work with the following state agencies, as needed,
line 38 to identify policies, efficiencies, and strategies necessary to
line 39 implement the master plan:
line 40 (1) The State Department of Social Services.
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AB 1737 — 11 —
line 1 (2) The State Department of Public Health.
line 2 (3) The State Department of Health Care Services.
line 3 (4) The State Department of Education.
line 4 (5) The Department of Parks and Recreation.
line 5 (d) The workgroup shall solicit input from stakeholders and
line 6 gather information on the impact of children’s camps on
line 7 California’s children and families, as well as the need for health
line 8 and safety-related licensure and regulation of these programs.
line 9 (e) The secretary and director shall convene a children’s camp
line 10 safety stakeholder advisory committee to provide advice and input
line 11 to the administration on the development of the master plan.
line 12 (f) The stakeholder advisory committee established pursuant to
line 13 this section shall include representation from parents, forprofit
line 14 recreational camps operated in California, nonprofit recreational
line 15 camps operated in California, children’s advocates, children’s
line 16 safety experts, local parks departments, local health departments,
line 17 emergency medical services professionals, community-based
line 18 organizations, academic researchers, and others as the secretary
line 19 or their designee deems appropriate.
line 20 (g) The master plan shall focus on the development of a licensing
line 21 and regulatory framework for California’s children camps, as well
line 22 as increasing access to high quality children’s camp programming.
line 23 (h) (1) The State Department of Social Services shall submit a
line 24 report to the Governor and the Legislature by January 31, 2024,
line 25 identifying the recommendations of the workgroup and advisory
line 26 committee and outlining the master plan.
line 27 (2) A report submitted under paragraph (1) shall be submitted
line 28 pursuant to Section 9795 of the Government Code.
line 29 SEC. 3.
line 30 SEC. 4. Section 11165.7 of the Penal Code is amended to read:
line 31 11165.7. (a) As used in this article, “mandated reporter” is
line 32 defined as any of the following:
line 33 (1) A teacher.
line 34 (2) An instructional aide.
line 35 (3) A teacher’s aide or teacher’s assistant employed by a public
line 36 or private school.
line 37 (4) A classified employee of a public school.
line 38 (5) An administrative officer or supervisor of child welfare and
line 39 attendance, or a certificated pupil personnel employee of a public
line 40 or private school.
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line 1 (6) A camp director, camp operator, staff member, or counselor
line 2 18 years of age or older of a children’s camp. For purposes of this
line 3 paragraph, “children’s camp” means the same as defined in Section
line 4 18897 of the Health and Safety Code.
line 5 (7) An administrator or employee of a public or private youth
line 6 center, youth recreation program, or youth organization.
line 7 (8) An administrator, board member, or employee of a public
line 8 or private organization whose duties require direct contact and
line 9 supervision of children, including a foster family agency.
line 10 (9) An employee of a county office of education or the State
line 11 Department of Education whose duties bring the employee into
line 12 contact with children on a regular basis.
line 13 (10) A licensee, an administrator, or an employee of a licensed
line 14 community care or child daycare facility.
line 15 (11) A Head Start program teacher.
line 16 (12) A licensing worker or licensing evaluator employed by a
line 17 licensing agency, as defined in Section 11165.11.
line 18 (13) A public assistance worker.
line 19 (14) An employee of a childcare institution, including, but not
line 20 limited to, foster parents, group home personnel, and personnel of
line 21 residential care facilities.
line 22 (15) A social worker, probation officer, or parole officer.
line 23 (16) An employee of a school district police or security
line 24 department.
line 25 (17) A person who is an administrator or presenter of, or a
line 26 counselor in, a child abuse prevention program in a public or
line 27 private school.
line 28 (18) A district attorney investigator, inspector, or local child
line 29 support agency caseworker, unless the investigator, inspector, or
line 30 caseworker is working with an attorney appointed pursuant to
line 31 Section 317 of the Welfare and Institutions Code to represent a
line 32 minor.
line 33 (19) A peace officer, as defined in Chapter 4.5 (commencing
line 34 with Section 830) of Title 3 of Part 2, who is not otherwise
line 35 described in this section.
line 36 (20) A firefighter, except for volunteer firefighters.
line 37 (21) A physician and surgeon, psychiatrist, psychologist, dentist,
line 38 resident, intern, podiatrist, chiropractor, licensed nurse, dental
line 39 hygienist, optometrist, marriage and family therapist, clinical social
line 40 worker, professional clinical counselor, or any other person who
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AB 1737 — 13 —
line 1 is currently licensed under Division 2 (commencing with Section
line 2 500) of the Business and Professions Code.
line 3 (22) An emergency medical technician I or II, paramedic, or
line 4 other person certified pursuant to Division 2.5 (commencing with
line 5 Section 1797) of the Health and Safety Code.
line 6 (23) A psychological assistant registered pursuant to Section
line 7 2913 of the Business and Professions Code.
line 8 (24) A marriage and family therapist trainee, as defined in
line 9 subdivision (c) of Section 4980.03 of the Business and Professions
line 10 Code.
line 11 (25) An unlicensed associate marriage and family therapist
line 12 registered under Section 4980.44 of the Business and Professions
line 13 Code.
line 14 (26) A state or county public health employee who treats a minor
line 15 for venereal disease or any other condition.
line 16 (27) A coroner.
line 17 (28) A medical examiner or other person who performs
line 18 autopsies.
line 19 (29) A commercial film and photographic print or image
line 20 processor as specified in subdivision (e) of Section 11166. As used
line 21 in this article, “commercial film and photographic print or image
line 22 processor” means a person who develops exposed photographic
line 23 film into negatives, slides, or prints, or who makes prints from
line 24 negatives or slides, or who prepares, publishes, produces, develops,
line 25 duplicates, or prints any representation of information, data, or an
line 26 image, including, but not limited to, any film, filmstrip, photograph,
line 27 negative, slide, photocopy, videotape, video laser disc, computer
line 28 hardware, computer software, computer floppy disk, data storage
line 29 medium, CD-ROM, computer-generated equipment, or
line 30 computer-generated image, for compensation. The term includes
line 31 any employee of that person; it does not include a person who
line 32 develops film or makes prints or images for a public agency.
line 33 (30) A child visitation monitor. As used in this article, “child
line 34 visitation monitor” means a person who, for financial
line 35 compensation, acts as a monitor of a visit between a child and
line 36 another person when the monitoring of that visit has been ordered
line 37 by a court of law.
line 38 (31) An animal control officer or humane society officer. For
line 39 the purposes of this article, the following terms have the following
line 40 meanings:
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line 1 (A) “Animal control officer” means a person employed by a
line 2 city, county, or city and county for the purpose of enforcing animal
line 3 control laws or regulations.
line 4 (B) “Humane society officer” means a person appointed or
line 5 employed by a public or private entity as a humane officer who is
line 6 qualified pursuant to Section 14502 or 14503 of the Corporations
line 7 Code.
line 8 (32) A clergy member, as specified in subdivision (d) of Section
line 9 11166. As used in this article, “clergy member” means a priest,
line 10 minister, rabbi, religious practitioner, or similar functionary of a
line 11 church, temple, or recognized denomination or organization.
line 12 (33) Any custodian of records of a clergy member, as specified
line 13 in this section and subdivision (d) of Section 11166.
line 14 (34) An employee of any police department, county sheriff ’s
line 15 department, county probation department, or county welfare
line 16 department.
line 17 (35) An employee or volunteer of a Court Appointed Special
line 18 Advocate program, as defined in Rule 5.655 of the California Rules
line 19 of Court.
line 20 (36) A custodial officer, as defined in Section 831.5.
line 21 (37) A person providing services to a minor child under Section
line 22 12300 or 12300.1 of the Welfare and Institutions Code.
line 23 (38) An alcohol and drug counselor. As used in this article, an
line 24 “alcohol and drug counselor” is a person providing counseling,
line 25 therapy, or other clinical services for a state licensed or certified
line 26 drug, alcohol, or drug and alcohol treatment program. However,
line 27 alcohol or drug abuse, or both alcohol and drug abuse, is not, in
line 28 and of itself, a sufficient basis for reporting child abuse or neglect.
line 29 (39) A clinical counselor trainee, as defined in subdivision (g)
line 30 of Section 4999.12 of the Business and Professions Code.
line 31 (40) An associate professional clinical counselor registered
line 32 under Section 4999.42 of the Business and Professions Code.
line 33 (41) An employee or administrator of a public or private
line 34 postsecondary educational institution, whose duties bring the
line 35 administrator or employee into contact with children on a regular
line 36 basis, or who supervises those whose duties bring the administrator
line 37 or employee into contact with children on a regular basis, as to
line 38 child abuse or neglect occurring on that institution’s premises or
line 39 at an official activity of, or program conducted by, the institution.
line 40 Nothing in this paragraph shall be construed as altering the
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AB 1737 — 15 —
line 1 lawyer-client privilege as set forth in Article 3 (commencing with
line 2 Section 950) of Chapter 4 of Division 8 of the Evidence Code.
line 3 (42) An athletic coach, athletic administrator, or athletic director
line 4 employed by any public or private school that provides any
line 5 combination of instruction for kindergarten, or grades 1 to 12,
line 6 inclusive.
line 7 (43) (A) A commercial computer technician as specified in
line 8 subdivision (e) of Section 11166. As used in this article,
line 9 “commercial computer technician” means a person who works for
line 10 a company that is in the business of repairing, installing, or
line 11 otherwise servicing a computer or computer component, including,
line 12 but not limited to, a computer part, device, memory storage or
line 13 recording mechanism, auxiliary storage recording or memory
line 14 capacity, or any other material relating to the operation and
line 15 maintenance of a computer or computer network system, for a fee.
line 16 An employer who provides an electronic communications service
line 17 or a remote computing service to the public shall be deemed to
line 18 comply with this article if that employer complies with Section
line 19 2258A of Title 18 of the United States Code.
line 20 (B) An employer of a commercial computer technician may
line 21 implement internal procedures for facilitating reporting consistent
line 22 with this article. These procedures may direct employees who are
line 23 mandated reporters under this paragraph to report materials
line 24 described in subdivision (e) of Section 11166 to an employee who
line 25 is designated by the employer to receive the reports. An employee
line 26 who is designated to receive reports under this subparagraph shall
line 27 be a commercial computer technician for purposes of this article.
line 28 A commercial computer technician who makes a report to the
line 29 designated employee pursuant to this subparagraph shall be deemed
line 30 to have complied with the requirements of this article and shall be
line 31 subject to the protections afforded to mandated reporters, including,
line 32 but not limited to, those protections afforded by Section 11172.
line 33 (44) Any athletic coach, including, but not limited to, an
line 34 assistant coach or a graduate assistant involved in coaching, at
line 35 public or private postsecondary educational institutions.
line 36 (45) An individual certified by a licensed foster family agency
line 37 as a certified family home, as defined in Section 1506 of the Health
line 38 and Safety Code.
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line 1 (46) An individual approved as a resource family, as defined in
line 2 Section 1517 of the Health and Safety Code and Section 16519.5
line 3 of the Welfare and Institutions Code.
line 4 (47) A qualified autism service provider, a qualified autism
line 5 service professional, or a qualified autism service paraprofessional,
line 6 as defined in Section 1374.73 of the Health and Safety Code and
line 7 Section 10144.51 of the Insurance Code.
line 8 (48) A human resource employee of a business subject to Part
line 9 2.8 (commencing with Section 12900) of Division 3 of Title 2 of
line 10 the Government Code that employs minors. For purposes of this
line 11 section, a “human resource employee” is the employee or
line 12 employees designated by the employer to accept any complaints
line 13 of misconduct as required by Chapter 6 (commencing with Section
line 14 12940) of Part 2.8 of Division 3 of Title 2 of the Government
line 15 Code.
line 16 (49) An adult person whose duties require direct contact with
line 17 and supervision of minors in the performance of the minors’ duties
line 18 in the workplace of a business subject to Part 2.8 (commencing
line 19 with Section 12900) of Division 3 of Title 2 of the Government
line 20 Code is a mandated reporter of sexual abuse, as defined in Section
line 21 11165.1. Nothing in this paragraph shall be construed to modify
line 22 or limit the person’s duty to report known or suspected child abuse
line 23 or neglect when the person is acting in some other capacity that
line 24 would otherwise make the person a mandated reporter.
line 25 (b) Except as provided in paragraph (35) of subdivision (a),
line 26 volunteers of public or private organizations whose duties require
line 27 direct contact with and supervision of children are not mandated
line 28 reporters but are encouraged to obtain training in the identification
line 29 and reporting of child abuse and neglect and are further encouraged
line 30 to report known or suspected instances of child abuse or neglect
line 31 to an agency specified in Section 11165.9.
line 32 (c) (1) Except as provided in subdivision (d) and paragraph (2),
line 33 employers are strongly encouraged to provide their employees
line 34 who are mandated reporters with training in the duties imposed
line 35 by this article. This training shall include training in child abuse
line 36 and neglect identification and training in child abuse and neglect
line 37 reporting. Whether or not employers provide their employees with
line 38 training in child abuse and neglect identification and reporting,
line 39 the employers shall provide their employees who are mandated
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AB 1737 — 17 —
line 1 reporters with the statement required pursuant to subdivision (a)
line 2 of Section 11166.5.
line 3 (2) Employers subject to paragraphs (48) and (49) of subdivision
line 4 (a) shall provide their employees who are mandated reporters with
line 5 training in the duties imposed by this article. This training shall
line 6 include training in child abuse and neglect identification and
line 7 training in child abuse and neglect reporting. The training
line 8 requirement may be met by completing the general online training
line 9 for mandated reporters offered by the Office of Child Abuse
line 10 Prevention in the State Department of Social Services.
line 11 (d) Pursuant to Section 44691 of the Education Code, school
line 12 districts, county offices of education, state special schools and
line 13 diagnostic centers operated by the State Department of Education,
line 14 and charter schools shall annually train their employees and persons
line 15 working on their behalf specified in subdivision (a) in the duties
line 16 of mandated reporters under the child abuse reporting laws. The
line 17 training shall include, but not necessarily be limited to, training in
line 18 child abuse and neglect identification and child abuse and neglect
line 19 reporting.
line 20 (e) (1) On and after January 1, 2018, pursuant to Section
line 21 1596.8662 of the Health and Safety Code, a childcare licensee
line 22 applicant shall take training in the duties of mandated reporters
line 23 under the child abuse reporting laws as a condition of licensure,
line 24 and a childcare administrator or an employee of a licensed child
line 25 daycare facility shall take training in the duties of mandated
line 26 reporters during the first 90 days when that administrator or
line 27 employee is employed by the facility.
line 28 (2) A person specified in paragraph (1) who becomes a licensee,
line 29 administrator, or employee of a licensed child daycare facility shall
line 30 take renewal mandated reporter training every two years following
line 31 the date on which that person completed the initial mandated
line 32 reporter training. The training shall include, but not necessarily be
line 33 limited to, training in child abuse and neglect identification and
line 34 child abuse and neglect reporting.
line 35 (f) Unless otherwise specifically provided, the absence of
line 36 training shall not excuse a mandated reporter from the duties
line 37 imposed by this article.
line 38 (g) Public and private organizations are encouraged to provide
line 39 their volunteers whose duties require direct contact with and
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line 1 supervision of children with training in the identification and
line 2 reporting of child abuse and neglect.
line 3 SEC. 4. (a) The Secretary of the California Health and Human
line 4 Services Agency, or their designee, shall convene an advisory
line 5 committee to advise and consult on how to ensure safety in
line 6 children’s camps.
line 7 (b) The advisory committee shall consist of the following
line 8 members:
line 9 (1) One representative of for-profit recreational camps operated
line 10 in California.
line 11 (2) One representative of nonprofit recreational camps operated
line 12 in California.
line 13 (3) Two representatives of children’s interests who do not
line 14 operate a camp.
line 15 (4) Two children’s safety experts.
line 16 (5) One representative of a local parks department.
line 17 (6) One representative of local health departments.
line 18 (7) An emergency medical services professional.
line 19 (8) One representative from each of the following departments:
line 20 (A) The State Department of Social Services.
line 21 (B) The State Department of Public Health.
line 22 (C) The State Department of Education.
line 23 (9) One pediatric medical professional.
line 24 (10) Any other members the secretary or their designee deems
line 25 appropriate.
line 26 (c) The advisory committee shall begin to convene no later than
line 27 March 1, 2023. The advisory committee shall develop a plan for
line 28 ensuring the safety of children’s camps in California, and report
line 29 this plan to the Governor and the Assembly Committees on Health,
line 30 Human Services, and Public Safety, and the Senate Committees
line 31 on Health, Human Services, and Public Safety, on or before
line 32 December 31, 2024.
line 33 (d) Advisory committee members shall receive no compensation,
line 34 but shall be reimbursed for reasonable travel and other expenses
line 35 incurred in the performance of their official duties.
line 36 SEC. 5. No reimbursement is required by this act pursuant to
line 37 Section 6 of Article XIII B of the California Constitution because
line 38 the only costs that may be incurred by a local agency or school
line 39 district will be incurred because this act creates a new crime or
line 40 infraction, eliminates a crime or infraction, or changes the penalty
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AB 1737 — 19 —
line 1 for a crime or infraction, within the meaning of Section 17556 of
line 2 the Government Code, or changes the definition of a crime within
line 3 the meaning of Section 6 of Article XIII B of the California
line 4 Constitution.
O
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SENATE COMMITTEE ON HOUSING
Senator Scott Wiener, Chair
2021 - 2022 Regular
Bill No: AB 2011 Hearing Date: 6/21/2022
Author: Wicks
Version: 6/14/2022 Amended
Urgency: No Fiscal: Yes
Consultant: Alison Hughes
SUBJECT: Affordable Housing and High Road Jobs Act of 2022
DIGEST: This bill would require specified housing development projects to be a
use by right on specified sites zoned for retail, office, or parking, as specified.
ANALYSIS:
Existing law:
1) Requires a local government to submit an annual progress report (APR)
tracking, among other things, its progress towards meeting its regional housing
needs.
2) Requires a local jurisdiction to give public notice of a hearing whenever a
person applies for a zoning variance, special use permit, conditional use permit,
zoning ordinance amendment, or general or specific plan amendment.
3) Requires the board of zoning adjustment or zoning administrator to hear and
decide applications for conditional uses or other permits when the zoning
ordinance requires.
4) Establishes, pursuant to SB 35 (Wiener, Chapter 366, Statutes of 2017), a
streamlined, ministerial approval process, for certain infill multifamily
affordable housing projects proposed in local jurisdictions that have not met
their RHNA allocation.
5) Requires cities and counties, to prepare and adopt a general plan, including a
housing element, to guide the future growth of a community.
6) Requires that cities and counties produce, and the Department of Housing and
Community Development (HCD) certify, a housing element to help fulfill the
AB 2011 (Wicks) Page 2 of 17
state’s housing goals. In metropolitan areas, these housing elements are
required every eight years. Each housing element must contain.
a) An assessment of housing needs and an inventory of resources and
constraints relevant to meeting those needs;
b) A statement of the community’s goals, quantified objectives, and policies
relative to the maintenance, preservation, improvement, and development of
housing;
c) An implementation plan that identifies any particular programs or st rategies
being undertaken to meet their goals and objectives, including their RHNA
target; and
d) An inventory of land suitable and available for residential development,
including vacant sites and sites having realistic and demonstrated potential
for redevelopment during the planning period.
7) Requires a local government to determine whether each site in the site
inventory can accommodate some portion of the jurisdiction’s share of the
RHNA by income category during the housing element planning period. A
community either must use the “default zoning densities” or “Mullin densities”
to determine whether a site is adequately zoned for lower income housing or
must provide an alternative analysis. Current Mullin densities:
a) 15 units/acre—cities within non-metropolitan counties; nonmetropolitan
counties with metropolitan areas
b) 10 units/acre—unincorporated areas in all non-metropolitan counties not
included in the 15 units/acre category
c) 20 units/acre—suburban jurisdictions
d) 30 units/acre—jurisdictions in metropolitan counties
This bill:
1) Establishes the Affordable Housing and High Road Jobs At of 2022.
Affordable Housing Developments in Commercial Zones
2) Provides that a housing development project shall be a use by right in a zone
where office, retail, or parking are a principally permitted use and subject to a
streamlined ministerial review if the following apply:
a) It is a legal parcel that is either in a city where the boundaries include some
portion of an urbanized area or urban cluster, or in an unincorporated area,
AB 2011 (Wicks) Page 3 of 17
the parcel is wholly within the boundaries of an urbanized area or urban
cluster.
b) At least 75% of the perimeter of the site adjoins parcels that are developed
with urban uses.
c) It is not on a site or adjoined to any site where more than 1/3 of the square
footage of the site is dedicated to industrial use.
d) It is not on a specified environmentally sensitive site.
e) It is not located within 500 feet of a freeway.
f) For a vacant site, it does not contain tribal cultural resources that could be
affected by the development that were found prior to a tribal consultation
and the effects of which cannot be mitigated.
g) The project has at least 2/3 of the square footage designated for residential
use.
h) The residential density will meet or exceed the Mullin Densities.
i) The project complies with specified objective zoning standards.
3) Requires a project to meet the following affordability requirements:
a) 100% of the units are affordable to lower income households.
b) The units are subject to a recorded deed restriction for 55 years for rental
and 45 years for owner-occupied units.
4) Provides that if the site is within a “neighborhood plan,” the site satisfies both
of the following:
a) The plan applicable to the site was adopted prior to January 1, 2024, as
specified.
b) The neighborhood plan allows residential use on the site.
c) Defines neighborhood plan as a specific plan, area plan, precise plan, or
master plan that has been adopted by a local government.
Mixed-Income Housing Developments Along Commercial Corridors
5) Provides that a housing development project shall be a use by right within a
zone where office, retail, or parking are a principally permitted use and shall be
subject to a streamlined ministerial review if the proposed housing development
abuts a commercial corridor and has a frontage along a commercial corridor of
a minimum of 50 feet, is a site that is less than 20 acres, and meets the
following requirements:
a) It is a legal parcel that is either in a city where the boundaries include some
portion of an urbanized area or urban cluster, or in an unincorporated area,
AB 2011 (Wicks) Page 4 of 17
the parcel is wholly within the boundaries of an urbanized area or urban
cluster.
b) The site would not require the demolition of housing subject to a recorded
covenant, rent control, or occupied by tenants in the last 10 years.
c) The site would not require the demolition of a historic structure placed on a
national, state, or local historic register.
d) It is not on a site or adjoined to any site where more than 1/3 of the square
footage of the site is dedicated to industrial use.
e) It is not on a specified environmentally sensitive site.
f) It is not located within 500 feet of a freeway.
g) For a vacant site, it does not contain tribal cultural resources that could be
affected by the development that were found prior to a tribal consultation
and the effects of which cannot be mitigated.
h) The project is at least 2/3 of the square footage is designated for residential
use.
i) The project complies with specified objectives zoning standards.
6) Requires a project to meet the following affordability requirements:
a) For rental units, 15% of the units are affordable to lower-income households
for 55 years; or
b) For owner-occupied units, 30% of the units affordable to moderate-income
or 15% affordable to lower-income households for 45 years.
7) Provides that the following density requirements shall apply:
a) In a metropolitan jurisdiction, the development shall meet or exceed the
greater of the following:
i) The residential density allowed on the parcel by the local government;
ii) For sites of less than one acre, 30 units per acre;
iii) For sites greater than one acre located on a commercial corridor of less
than 100 feet, 40 units per acre;
iv) For sites of one acre in size or greater located on a commercial corridor
of 100 feet or greater in width, 60 units per acre; or
v) For sites within ½ mile of a major transit stop, 80 units per acre.
b) In a nonmetropolitan jurisdiction, the development shall meet or exceed the
greater of the following:
i) The residential density allowed on the parcel by the local government;
ii) For sites of less than one acre, 20 units per acre;
AB 2011 (Wicks) Page 5 of 17
iii) For sites greater than one acre located on a commercial corridor of less
than 100 feet, 30 units per acre;
iv) For sites of one acre in size or greater located on a commercial corridor
of 100 feet or greater in width, 50 units per acre; or
v) For sites within ½ mile of a major transit stop, 70 units per acre.
8) Provides that the height shall be the greater of the following:
a) The height allowed on a parcel by the local government;
b) For sites located on a commercial corridor of less than 100 feet in width, 35
feet;
c) For sites located on a commercial corridor of 100 feet or greater in width, 45
feet;
d) For sites within ½ mile of a major transit stop and within a city with a
population of greater than 100,000, 65 feet.
9) Provides that the following setback requirements apply:
a) For the portion that fronts a commercial corridor,
i) No setbacks are required.
ii) All parking must be set back at least 25 feet.
iii) On the ground follow, a building must be within 10 feet of the property
line for at least 80% of the frontage.
b) For the portion that fronts a side street, a building or buildings must abut
within 10 feet of the property line for at least 60% of the frontage.
c) For the portion that abuts an adjoining property but also abuts the same
commercial corridor, no setbacks required unless the adjoining property
contains a residential use, as specified.
d) For the portion of the street line that does not abut a commercial corridor, a
side street, or an adjoining property that also abuts the same commercial
corridor as the property, the following shall occur:
i) Along property lines that abut a property that contains a residential use,
the following shall occur:
(1) The ground floor shall be set back at 10 feet.
(2) Starting on the second floor, each subsequent floor shall be stepped
back an amount equal to seven feet multiplied by the floor number.
(3) Along property lines that abut a property that does not contain a
residential use, the development shall be set back 15 feet.
AB 2011 (Wicks) Page 6 of 17
10) No parking is required except for bike parking, electrical vehicle equipment
installed, or parking spaces accessible for persons with disabilities.
11) Provides that if the site is within a “neighborhood plan,” the site satisfies
both of the following:
a) The plan applicable to the site was adopted prior to January 1, 2024, as
specified.
b) The neighborhood plan allows residential use on the site.
c) Defines neighborhood plan as a specific plan, area plan, precise plan, or
master plan that has been adopted by a local government.
Labor Standards:
12) A proponent of a development project approved pursuant to the provisions
of this bill must require, in contracts with construction contractors, that all of
the labor provisions of this bill's standards will be met in project construction.
The proponent must certify this to the local government;
13) A development that is not in its entirety a public work, as specified, must be
subject to all of the following wage provisions:
a) All construction workers employed in the execution of the development
must be paid at least the general prevailing rate of per diem wages for the
type of work and geographic area, as specified, except that apprentices
registered in programs approved by the Chief of the Division of
Apprenticeship Standards may be paid at least the applicable apprentice
prevailing rate;
b) The development proponent must ensure that the prevailing wage
requirement is included in all contracts for the performance of the work for
those portions of the development that are not a public work; and
c) All contractors and subcontractors for those portions of the development that
are not a public work must maintain and verify payroll records, as specified,
and make those records available for inspection and copying. This
requirement does not apply if all contractors and subcontractors performing
work on the development are subject to a project labor agreement that
requires the payment of prevailing wages to all construction workers
employed in the execution of the development and provides for enforcement
of that obligation through an arbitration procedure.
14) The obligation of the contractors and subcontractors to pay prevailing wages
pursuant to this bill are subject to the following enforcement provisions:
AB 2011 (Wicks) Page 7 of 17
a) They may be enforced by The Labor Commissioner, an underpaid worker,
and a joint labor-management committee through a civil action, as
specified; and
b) These enforcement provisions do not apply if all contractors and
subcontractors performing work on the development are subject to a p roject
labor agreement that requires the payment of prevailing wages to all
construction workers employed in the execution of the development and
provides for enforcement of that obligation through an arbitration procedure.
15) The requirement that the employer pay prevailing wages does not apply to
those portions of development that are not a public work if otherwise provided
in a bona fide collective bargaining agreement covering the worker;
16) For a development of 50 or more housing units, the development pro ponent
must require in contracts with construction contractors, and must certify to the
local government, that each contractor of any tier who will employ construction
craft employees or will let subcontracts for at least 1,000 hours must ensure all
of the following:
a) A contractor with construction craft employees must either participate in an
apprenticeship program approved by the State of California Division of
Apprenticeship Standards, as specified, or request the dispatch of
apprentices from a state-approved apprenticeship program, as specified. A
contractor without construction craft employees must show a contractual
obligation that its subcontractors meet these requirements.
b) Each contractor with construction craft employees must make health care
expenditures for each employee, as specified. A contractor without
construction craft employees must show a contractual obligation that its
subcontractors comply with this requirement. Qualifying expenditures are
credited toward compliance with prevailing wage payment requirements.
c) A construction contractor is deemed in compliance with the requirements of
A and B, above, if it is signatory to a valid collective bargaining agreement
that requires utilization of registered apprentices and expenditures on health
care for employees and dependents; and
d) The development proponent is subject to reporting requirements, as
specified.
17) Requires a local agency to include in its APR data related to this bill.
AB 2011 (Wicks) Page 8 of 17
COMMENTS:
1) Author’s statement. “This bill combines some of the best ideas advanced in the
Legislature over the last several years for promoting affordable housing
development with a requirement to create ‘high road’ jobs. To effectively take
on our state’s housing issues, I firmly believe we need to do both. This
legislation gives us all the opportunity to work together toward our shared goal:
Building more affordable housing for struggling Californians, while also
growing the thriving, high-wage construction workforce every community
needs.”
2) Housing needs and approvals generally. Every city and county in California is
required to develop a general plan that outlines the community’s vision of
future development through a series of policy statements and goals. A
community’s general plan lays the foundation for all future land use decisions,
as these decisions must be consistent with the plan. General plans are
comprised of several elements that address various land use topics. Seven
elements are mandated by state law: land use, circulation, housing,
conservation, open-space, noise, and safety. Each community’s general plan
must include a housing element, which outlines a long-term plan for meeting
the community’s existing and projected housing needs. The housing element
demonstrates how the community plans to accommodate its “fair share” of its
region’s housing needs, which is completed through the regional housing needs
allocation (RHNA) process. To do so, each community establishes an inventory
of sites (“site inventory”) designated for new housing that is sufficient to
accommodate its fair share. Each jurisdiction then has three years to complete
any rezoning necessary to accommodate the units identified in their housing
element and in the site inventory than identifies where potential development
would occur. Communities also identify regulatory barriers to housing
development and propose strategies to address those barriers. State law
requires cities and counties to update their housing elements every eight years.
3) Zoning ordinances generally. Cities and counties enact zoning ordinances to
implement their general plans. Zoning determines the type of housing that can
be built. In addition, before building new housing, housing developers must
obtain one or more permits from local planning departments and must also
obtain approval from local planning commissions, city councils, or county
board of supervisors. A zoning ordinance may be subject to CEQA if it will
have a significant impact upon the environment. The adoption of ADU
ordinances, however, are explicitly exempt from CEQA. There are also some
several statutory exemptions that provide limited environmental review for
AB 2011 (Wicks) Page 9 of 17
projects that are consistent with a previously adopted general plan, community
plan, specific plan, or zoning ordinance.
In addition, before building new housing, housing developers must obtain one
or more permits from local planning departments and must also obtain approval
from local planning commissions, city councils, or county board of supervisors.
Some housing projects can be permitted by city or county planning staff
ministerially or without further approval from elected officials. Projects
reviewed ministerially, or by-right, require only an administrative review
designed to ensure they are consistent with existing general plan and zoning
rules, as well as meet standards for building quality, health, and safety. Most
large housing projects are not allowed ministerial review. Instead, these
projects are vetted through both public hearings and admin istrative review.
Most housing projects that require discretionary review and approval are
subject to review under the CEQA, while projects permitted ministerially
generally are not.
4) Mullin densities. A local government must determine whether each site in its
site inventory for its housing element can accommodate some portion of the
jurisdiction’s share of the regional housing needs assessment requirement by
income category during the housing element planning period. A community
must use the “default zoning densities,” also referred to as “Mullin densities,”
to determine whether a site is adequately zoned for lower income housing or
must provide an alternative analysis. Current default densities are as follows:
a) 15 units per acre: cities within non-metropolitan counties; non-metropolitan
counties with metropolitan areas.
b) 10 units per acre: unincorporated areas in all nonmetropolitan counties not
included in the 15 units per acre category.
c) 20 units per acre: suburban jurisdictions.
d) 30 units per acre: jurisdictions in metropolitan counties.
5) Need for more residential zoning. The concept of the “fiscalization of land use”
is familiar to many. Ever since the passage of Proposition 13 in 1978, property
taxes have constituted a diminishing source of revenue fo r governments. This
situation was exacerbated in the early 1990s when the state effectively
commandeered local property tax revenues to meets its obligation to the public
schools through the Education Revenue Augmentation Fund (ERAF). In many
cases, the additional revenues a local government now earns from each new
housing unit are insufficient to cover the added expense of providing services to
the new residents of that home. Some of the fixed costs of infrastructure can be
recouped through fees, but the on-going service costs remain at issue. Thus, a
AB 2011 (Wicks) Page 10 of 17
city council deciding the fate of a new housing development faces the
unenviable dilemma of denying needed housing or reducing services to existing
constituents. As one might expect, new housing developments tend to be the
loser.
At the same time, when a city council considers an alternate proposal to
develop a parcel of land as a retail center, the fiscal incentives strongly support
approval. Local governments receive a large portion of all sales tax revenue
generated within their borders. The additional revenue received from a large
retail facility—such as a big-box retailer, online distribution center, or a car
dealer—easily outweighs the costs of providing services to the facility. Local
government can use these surplus revenues to enhance services to its
constituents. As a result, housing is subject to a double whammy. Not only can
it be difficult to get approval for a new housing development on residentially-
zoned land, but more land is zoned commercial in the hope that re tail
establishments can be attracted. The only real fiscal incentive local
governments have to approve housing is to ensure there are enough residents to
support the retailers.
6) COVID-19 and impacts to brick-and-mortar retail. According to an April 24,
2020 brief published by McKinsey and Company, the onset of COVID-19 has
aggravated the existing challenges that the retail sector faces, including:
a) A shift to online purchasing over brick-and-mortar sales;
b) Customers seeking safe and healthy purchasing options;
c) Increased emphasis on value for money when purchasing goods;
d) Movement towards more flexible and versatile labor; and
e) Reduced consumer loyalty in favor of less expensive brands.
With several large retailers such as Neiman Marcus, J.C. Penney, J. Crew, and
Pier 1 filing for bankruptcy, store closings have already been announced or are
expected in the future. According to the research and advisory firm Coresight
Research, 2020 saw the closures of 8,741 stores, and 2021 could bring as many
as 10,000 additional closures. The investment firm UBS estimates that by
2025, 100,000 stores in the United States will close as online sales grow from
15% to 25% of total retail sales.
7) Authorizing residential in commercial zones. This bill would help facilitate the
production of more housing by providing that specified housing developments
would be a use by right in a zone where office, retail, or parking are a
principally permitted use. Eligible infill sites must be in an urbanized area or
urban cluster, not near a freeway, and not adjoined to a site with more than 1/3
of the uses are dedicated to industrial use. Streamlined approval is limited to
AB 2011 (Wicks) Page 11 of 17
projects with 100% of the units affordable to lower income families, subject to
Mullin densities; approval is not limited to any specified site size. On sites that
are less than 20 acres and on a commercial corridor, mixed income projects are
eligible for streamlined approval. These projects must contain at least 15% of
the units affordable to lower income renters, or alternatively, ownership units in
which to 15% are affordable to lower income households or 30% affordable to
moderate income households. These projects are subject to specified density
requirements depending on the size of the site and size of the commercial
corridor, minimum height requirements depending on the size of the
commercial corridor, specified setback requirements, and no parking minimums
except for bike parking, electrical vehicle equipment or spaces for persons with
disabilities.
8) Looks familiar. This bill is similar to SB 6 (Caballero, 2022), which was part of
the Senate Housing Production Package in 2021. That bill provided that
residential developments shall be deemed an allowable use in an office or retail
zone not adjacent to an industrial use. Additionally, projects that otherwise
meet the requirements for SB 35 streamlining would additionally receive
streamlined, ministerial approval.
Similar to this bill, that bill authorizes housing on sites that are in an urban area
or urban cluster, infill sites, and not be environmentally sensitive. Projects must
contain 15% units affordable to lower income households, and meet the Mullin
densities.
9) Opposition. The State Building and Construction Trades Council (SBCTC) and
affiliated groups, argue that the bill should require the utilization of a skilled
and trained workforce, as defined in labor law, that would in effect require a
certain percentage of each construction craft and trade to be unionized unless
the project is subject to a Project Labor Agreement. They argue that, absent
these provisions, the bill provides a path to developer profits with little
protections for workers and meaningful input from commu nity members.
According to the SBCTC, "We remain opposed to any effort that would create a
statewide right to develop mostly market-rate and luxury housing without, at a
very minimum, basic community protections, including the requirement to use a
skilled and trained workforce and pay area prevailing wages."
The cities in opposition to the bill argue that it would remove local control and
the ability of cities to determine the adequacy of sites for housing and the
ability to provide affiliated infrastructure. They also express concern over a
potential reduction in tax revenue from the loss of commercial properties .
AB 2011 (Wicks) Page 12 of 17
10) Triple-referral. The Senate Rules Committee has ordered this bill be tripled
referred to the Senate Housing Committee, the Senate Governance and Finance
Committee, and the Senate Environmental Quality Committee. Due to the
COVID-19 Pandemic and the unprecedented nature of the 2021 Legislative
Session, all Senate Policy Committees are working under a compressed
timeline. This timeline does not allow this bill to be referred and heard by more
than two committees as a typical timeline would allow. In order to fully vet the
contents of this measure for the benefit of Senators and the public, this analysis
includes information from the third committee included in the original referral,
the Senate Environmental Quality Committee.
RELATED LEGISLATION:
SB 6 (Caballero, 2021) — enacts, until January 1, 2029, the Neighborhood Homes
Act, which establishes housing as an allowable use on any parcel zoned for office
or retail uses. This bill is pending in the Assembly Housing and Community
Development Committee.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
POSITIONS: (Communicated to the committee before noon on Wednesday,
June 15, 2022.)
SUPPORT:
California Conference of Carpenters (Co-Sponsor)
California Housing Consortium (Co-Sponsor)
AARP
Abundant Housing LA
Affirmed Housing
All Home
Alta Housing
American Planning Association, California Chapter
Bay Area Council
Black Leadership Council
Bridge Housing Corporation
Burbank Housing Development Corporation
California Apartment Association
California Association of Local Housing Finance Agencies
California Coalition for Rural Housing
California Community Builders
California Community Economic Development Association (CCEDA)
California Forward Action Fund
AB 2011 (Wicks) Page 13 of 17
California Housing Partnership
California Housing Partnership Corporation
California School Employees Association
California YIMBY
Carpenter Local Union 1599
Carpenters Local 152
Carpenters Local 22
Carpenters Local 562
Carpenters Local 619
Carpenters Local 661
Carpenters Local 701
Carpenters Local 714
Carpenters Local 721
Carpenters Local 909
Carpenters Local 951
Carpenters Local Union 1109
Carpenters Local Union 1789
Carpenters Local Union 2236
Carpenters Union Local 180
Carpenters Union Local 405
Carpenters Union Local 46
Carpenters Union Local 505
Carpenters Union Local 605
Carpenters Union Local 713
Carpenters Union Local 805
Carpenters Women's Auxiliary 001
Carpenters Women's Auxiliary 007
Carpenters Women's Auxiliary 101
Carpenters Women's Auxiliary 1904
Carpenters Women's Auxiliary 417
Carpenters Women's Auxiliary 66
Carpenters Women's Auxiliary 710
Carpenters Women's Auxiliary 91
Central City Association
Central Valley Urban Institute
City of Maywood
Civicwell
Clinica Romero
Community Coalition
Community Corporation of Santa Monica
Congress for The New Urbanism
Construction Employers' Association
AB 2011 (Wicks) Page 14 of 17
Council of Infill Builders
Councilmember Zach Hilton, City of Gilroy
Destination: Home
Drywall Lathers Local 9109
Drywall Local Union 9144
East Bay Asian Local Development Corpor
East Bay for Everyone
East Bay Yimby
Eden Housing
Endangered Habitats League
Enterprise Community Partners, INC.
Fieldstead and Company, INC.
Generation Housing
Govern for California
Greenbelt Alliance
Housing Action Coalition
Housing California
ICON
IKAR
Lathers Local 68l
Linc Housing
Lisc San Diego
Los Angeles Business Council
Los Angeles County Young Democrats
Making Housing and Community Happen
Mayor Jesse Arreguín, City of Berkeley
Mayor John Bauters City of Emeryville
Mayor Rick Bonilla City of San Mateo
Mayor Ron Rowlett City of Vacaville
Mercy Housing
Merritt Community Capital Corporation
Midpen Housing
Midpen Housing Corporation
Millwrights Local 102
Modular Installers Association
Monterey Bay Economic Partnership
Mountain View YIMBY
New Way Homes
Non Profit Housing Association of Northern California (NPH)
Nor Cal Carpenters Union
Northern California Carpenters Regional Council
Novin Development Corp.
AB 2011 (Wicks) Page 15 of 17
Peninsula for Everyone
People for Housing - Orange County
Pile Drivers Local 34
Richmond Community Foundation
SALEF
San Diego Housing Federation
San Francisco Bay Area Planning & Urban Research Association (SPUR)
San Francisco Housing Development Corporation
Sand Hill Property Company
Santa Cruz Yimby
Satellite Affordable Housing Associates
Sequoia Riverlands Trust
Service Employees International Union (SEIU) California
Sierra Business Council
Silicon Valley Community Foundation
Silicon Valley Leadership Group
Southern California Association of Nonprofit Housing
Southern California Contractors Association
Southwest Regional Council of Carpenters
Southwest Regional Council of Carpenters Local 562
Southwest Regional Council of Carpenters Local 721
SV@Home Action Fund
The Greenlining Institute
The Kennedy Commission
The Los Angeles Coalition for The Economy & Jobs
The Pacific Companies
The San Francisco Foundation
The Two Hundred
United Latinos Action
United Lutheran Church of Oakland
United Ways of California
Urban Environmentalists
Urban League, San Diego County
USA Properties Fund, INC.
Ventura County Clergy and Laity United for Economic Justice
Wall and Ceiling Alliance
West Angeles Community Development Corporation
Wildlands Network
YIMBY Action
YIMBY Democrats of San Diego County
AB 2011 (Wicks) Page 16 of 17
OPPOSITION
California Nurses Association
California State Association of Electrical Workers
California State Pipe Trades Council
Calle 24 Latino Cultural District
Care Clt (a Division of Care Assn, Inc)
Catalysts for Local Control
City of Arcata
City of Beverly Hills
City of Bishop
City of Burbank
City of Clovis
City of Corona
City of Del Mar
City of El Centro
City of Fairfield
City of Fillmore
City of Fort Bragg
City of Fortuna
City of Fremont
City of Glendale
City of Glendora
City of Huntington Beach
City of Indian Wells
City of La Canada Flintridge
City of La Mirada
City of La Puente
City of Laguna Hills
City of Menifee
City of Novato
City of Orange
City of Palm Desert
City of Pleasant Hill
City of Rancho Palos Verdes
City of Redlands
City of Ripon
City of Rohnert Park
City of Rolling Hills Estates
City of Rosemead
City of San Clemente
City of Santa Maria
AB 2011 (Wicks) Page 17 of 17
City of Solana Beach
City of Sunnyvale
City of Torrance
City of Vista
City of Whittier
District Council of Iron Workers of The State of California and Vicinity
Los Angeles County Division, League of California Cities
Marin County Council of Mayors & Councilmembers (MCCMC)
Poder
South Bay Cities Council of Governments
State Building & Construction Trades Council of California
Town of Truckee
Tri-valley Cities of Dublin, Livermore, Pleasanton, San Ramon, and Town of
Danville
Western States Council Sheet Metal, Air, Rail and Transportation
Young Community Developer
1 Individual
-- END --
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Henry Stern, Chair
2021 - 2022 Regular
Bill No: AB 2016 Hearing Date: June 20, 2022
Author: Bauer-Kahan
Version: May 19, 2022 Amended
Urgency: No Fiscal: Yes
Consultant: Dennis O'Connor
Subject: State Water Resources Control Board: desalination plant: feasibility study
BACKGROUND AND EXISTING LAW
1) The Cobey-Porter Saline Water Conversion Law (Water Code (WC) §§12945 et
seq.):
a) Authorizes the Department of Water Resources (DWR), either independently or
in cooperation with public or private entities to conduct a program of
investigation, study, and evaluation in the field of saline water conversion, to
provide assistance to persons or entities seeking to construct desalination
facilities, and after submission of a written report and upon appropriation from the
Legislature, to finance, construct, and ope rate saline water conversion facilities.
b) Requires DWR to convene a Water Desalination Task Force to help develop a
report to evaluate the role of desalination in California and submit the report to
the Legislature no later than July 1, 2004 (Water Code § 12949.6).
2) The California Council on Science and Technology (CCST) was organized as a
nonprofit corporation pursuant to Section 501(c)(3) of the Internal Revenue Code in
response to ACR 162 (Farr, 1988).
a) The mission of CCST is: To engage leading experts in science and technology to
advise State policymakers - ensuring that California policy is strengthened and
informed by scientific knowledge, research, and innovation.
b) The Legislature has asked the CCST to analyze and report on a number of
important science and policy questions. Recent codified requests include:
i) An analysis of the regional and gas corporation specific issues relating to
minimum heating value and maximum siloxane specifications for biomethane
before it can be injected into common carrier gas pipelines. (Public Utilities
Code (PUC) §784.1, added by SB 840 (Committee on Budget and Fiscal
Review, 2016))
ii) An analysis of the effects of legislation proposing to mandate procurement of
electricity products, gas products, energy storage resources, or electrical or
gas infrastructure by an electrical corporation, gas corporation, community
choice aggregator, electric service provider, local publicly owned electric or
gas utility, or any state-level energy procurement entity. (PUC §636, added by
AB 1083 (Burke, 2019))
AB 2016 (Bauer-Kahan) Page 2 of 5
PROPOSED LAW
This bill would:
1) Delete the obsolete provisions requiring DWR to convene a Water Desalination Task
Force by July 1, 2004.
2) Request CCST to undertake and complete a comprehensive feasibility study of the
desalination of ocean water, brackish water, and groundwater and the potential
impact of desalination plants along the San Francisco Bay and inland lakes and
streams.
a) The study would be required to:
i) Consider the short-term and long-term history of drought within the state and
the extent to which desalination can help meet current and future water
demand in California.
ii) Also include, but not be limited to, the following:
(1) The potential job creation and work opportunities related to the
construction and operation of desalination plants, including the use of a
skilled and trained workforce for these purposes.
(2) The impact of desalination plants to fish and wildlife, including sea life, sea
plants, and sea microorganisms.
(3) The shortage of chlorine and the possibility of desalination plants
alleviating that shortage.
(4) The feasibility of integrating the use of renewable energy into desalination
facilities to reduce costs and any greenhouse gas emissions associated
with desalination.
b) Require, if CCST agrees to undertake and complete the study, the study be
completed by January 1, 2025, and transmitted to DWR, the State Water
Resources Control Board (water board), and the Legislature.
ARGUMENTS IN SUPPORT
According to the author, “As we see it today, California's precious water resources are
overdrawn, and demands are increasing. Severe water scarcity will eventually become
a reality if we do not identify other sources of water. AB 2016 looks to study and identity
how desalination can be a resource for Californians in the future.
ARGUMENTS IN OPPOSITION: None received
COMMENTS
Desalination Of Brackish Water Is Well Established. Successful large-scale brackish
groundwater desalination projects have been implemented through out California,
including desalters operated by:
The Alameda County Water District
The Chino Basin Desalter Authority
The South Coast Water District
The Eastern Municipal Water District
AB 2016 (Bauer-Kahan) Page 3 of 5
The Water Replenishment District
The West Basin Municipal Water District
Seawater Desalination Has Been More Controversial. Issues regarding seawater
desalination include:
Energy demand.
Entrainment of marine life.
Discharge of the resulting brine.
Construction and operational costs and their impact on water rates.
Even so, there are four seawater desalters currently operating in California:
Santa Barbara’s Charles E. Meyer Desalination Plant
Catalina’s two desalination plants
Carlsbad’s Claude “Bud” Lewis Desalination Plant
Recently, the California Coastal Commission denied a permit for a large desalination
plant in Huntington Beach. Nonetheless, there are other seawater desalination plants
currently under consideration. These include:
The California American Water Company (CalAm) Desalination Project in Marina
The Doheny Ocean Desalination Project in Dana Point
The West Basin Ocean Water Desalination Project in El Segundo
Other Cutting Edge Drought-Resilient Supplies. While desalination has shown, in some
circumstances, to be a cost effective and drought resilient supply, it is not the only
emerging technology that is potentially drought resilient. Recycled water, specifically
potable reuse, is another such technology. It might make sense to also ask CCST to
investigate this technology, as well.
Impacts & Feasibility Vs. Design Considerations. The potential impacts and feasibility
of desalination and potable reuse are fairly well documented. However, design options
to minimize those impacts are not as clearly explored. This is especially true of outfall
design for brine-lines discharging into the San Francisco bay. It might make sense to
ask CCST to explore these considerations instead of rehashing potential impacts and
feasibility.
Just Chlorine? The bill asks CCST to explore the possibility of recovering chlorine from
desalinated water. This makes sense, but there are other useful chemicals that might
also be recovered that might also help reduce waste volume and/or enhance facility
efficiency through on-site reuse. Chemicals such as sodium hydroxide, and
hydrochloric acid. It might make sense to ask CCST to take a broader look at
chemicals that might potential be recovered.
Renewable Energy. Again, the bill asks CCST to look at the feasibility of integrating
renewable energy into desalination plants. As with the provisions regarding impacts
and feasibility of the plants, it might make better sense to ask CCST to look at the
design options. Also, as desalination and potable reuse are in some sense competing
technologies, it might also make sense to ask CCST to compare energy demand and
greenhouse gas emissions between potable recycled water and desalination
infrastructure.
AB 2016 (Bauer-Kahan) Page 4 of 5
Useful Beyond The San Francisco Bay Area. The bill is focused on the San Francisco
Bay Area. Given the unique ecological and tidal conditions of the bay as well as water
supply constraints, that makes some sense. Nonetheless, the results of this study will
undoubtedly help inform design option decisions in other parts of the State as well.
SUGGESTED AMENDMENTS: Amend Sec. 2 per the following mock-up:
12949.6. (a) The Legislature requests that the California Council on Science and
Technology, in consultation with the department, department and the State Water
Resources Control Board, subject to an appropriation by the Legislature for this
purpose, undertake and complete a comprehensive feasibility study of the potential for
drought-resilient water supplies, such as potable recycled water and desalination, to
meet the current and future water demand in the San Francisco Bay area. desalination
of ocean water, brackish water, and groundwater and the potential impact of
desalination plants along the San Francisco Bay and inland lakes and streams. The
study shall consider the short-term and long-term history of drought within the state and
the extent to which potable recycled water and desalination can help meet current and
future water demand in California. The study shall also include, but shall not be limited
to, the following:
(1) The potential job creation and work opportunities related to the construction
and operation of potable recycled water and desalination plants, facilities, including the
use of a skilled and trained workforce for these purposes.
(2) An assessment of technologies to:
(A) Minimize the intake and mortality of all forms of marine, brackish, and
freshwater life in the construction and operation of desalination facilities.
(B) Minimize the adverse impacts of outfalls on marine, brackish, and freshwater
life in the construction and operation of potable recycled water and desalination
facilities. The impact of desalination plants to fish and wildlife, including sea life, sea
plants, and sea microorganisms.
(3) The potential for extraction of useful chemicals such as chlorine, sodium
hydroxide, and hydrochloric acid from waste brine to reduce waste volume and e nhance
facility efficiency through on-site reuse. The shortage of chlorine and the possibility of
desalination plants alleviating that shortage.
(4) The feasibility of design consideration for integrating the use of renewable
energy into potable reuse and desalination facilities to reduce costs and any
greenhouse gas emissions associated with desalination. the construction and operation
of those facilities, including a comparison of energy demand and greenhouse gas
emissions between potable recycled water and desalination infrastructure.
(b) If the California Council on Science and Technology agrees to undertake and
complete the study pursuant to subdivision (a), the study shall be completed by January
1, 2025, and transmitted to the department, the board, and the Legislature.
(c) (1) The requirement for submitting a report imposed under subdivision (b) is
inoperative on January 1, 2029, pursuant to Section 10231.5 of the Government Code.
(2) A report to be submitted to the Legislature pursuant to paragraph (1) shall be
submitted in compliance with Section 9795 of the Government Code.
AB 2016 (Bauer-Kahan) Page 5 of 5
SUPPORT
American Council of Engineering Companies of California
The Bay Area Council
Caldesal
California Association of Professional Scientists
California Chamber of Commerce
Santa Clara Valley Water District
OPPOSITION
None Received
-- END --
AMENDED IN ASSEMBLY JUNE 20, 2022
AMENDED IN SENATE MAY 4, 2022
AMENDED IN SENATE MARCH 23, 2022
SENATE BILL No. 932
Introduced by Senator Portantino
February 7, 2022
An act to amend Sections 65300.5 and 65302 of the Government
Code, relating to land use.
legislative counsel’s digest
SB 932, as amended, Portantino. General plans: circulation element:
bicycle and pedestrian plans and traffic calming plans.
Existing law states the Legislature’s intention that a county or city
general plan and the elements and parts of that general plan comprise
an integrated, internally consistent and compatible statement of policies
for the adopting agency.
This bill would emphasize the intent of the Legislature to fight climate
change with these provisions.
Existing law, the Planning and Zoning Law, requires the legislative
body of a city or county to adopt a comprehensive general plan that
includes various elements, including a circulation element. Existing
law requires the circulation element to consist of the general location
and extent of existing and proposed major thoroughfares, transportation
routes, terminals, any military airports and ports, and other local public
utilities and facilities. Existing law requires the legislative body, upon
any substantive revision of the circulation element, to modify the
circulation element to plan for a balanced, multimodal transportation
network that meets the needs of all users of streets, roads, and highways
96
for safe and convenient travel in a manner that is suitable to the rural,
suburban, or urban context of the general plan. Existing law defines
“users of streets, roads, and highways” to mean bicyclists, children,
persons with disabilities, motorists, movers of commercial goods,
pedestrians, users of public transportation, and seniors.
This bill would require the legislative body, upon the next any
substantive revision of the circulation element, on or before June 30,
2024, after January 1, 2025, to develop or update the plan for a
balanced, multimodal transportation network, as specified, and to ensure
that the plan includes bicycle and pedestrian plans and traffic calming
plans for any urbanized area, as defined, within the scope of the county
or city general plan. By adding to the duties of county and city officials
in the administration of their land use planning duties, this bill would
impose a state-mandated local program.
This bill would require a county or city to begin implementation of
the plan within 2 years of the date of adoption of the plan. The bill
would allow a county or city to have 20 25 years to implement the plan.
This bill would increase the 20-year 25-year implementation period
based on whether the measures introduced by a county or city work to
reduce its percentage of traffic violence within a specified period of
time. The bill would allow a county or city that fails to comply with
the implementation provisions due to unforeseen circumstances to be
exempt from the provisions upon a written finding, as specified.
Commencing January 1, 2024, 2025, this bill would allow a person
injured within the right-of-way right-of-way, in specified areas, in a
collision with a motor vehicle to have a cause of action for failure to
comply with these provisions against specified counties. The bill would
make this cause of action inoperative after January 1, 2028.
This bill would state the intent of the Legislature to create an annual
grant program, relating to the above provisions, to award funding to
any county or city upon a showing of its implementation of timely and
effective short-term efforts to mitigate bicycle, pedestrian, and other
human-powered transportation micromobility device, as defined, injuries
and fatalities, as provided. The bill would define various terms for its
purposes.
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.
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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 65300.5 of the Government Code is
line 2 amended to read:
line 3 65300.5. (a) In construing the provisions of this article, the
line 4 Legislature intends that the general plan and elements and parts
line 5 thereof comprise an integrated, internally consistent and compatible
line 6 statement of policies for the adopting agency.
line 7 (b) The Legislature intends that the provisions of this article,
line 8 as stated in paragraph (4) of subdivision (g) of Section 65302,
line 9 support and encourage communities in reaching the state’s
line 10 environmental and climate objectives. Climate change causes
line 11 catastrophic threats to lives, property, and resources in California,
line 12 and continues to affect all parts of the Californian economy and
line 13 environment. This provision is intended to encourage measures
line 14 that enable communities to adapt to the impacts of climate change
line 15 including, but not limited to, higher average temperatures,
line 16 decreased air and water quality, the spread of infectious and
line 17 vectorborne diseases, other public health impacts, extreme weather
line 18 events, sea level rise, flooding, heat waves, wildfires, drought, and
line 19 community planning and zoning development. and drought.
line 20 SEC. 2. Section 65302 of the Government Code is amended
line 21 to read:
line 22 65302. The general plan shall consist of a statement of
line 23 development policies and shall include a diagram or diagrams and
line 24 text setting forth objectives, principles, standards, and plan
line 25 proposals. The plan shall include the following elements:
line 26 (a) A land use element that designates the proposed general
line 27 distribution and general location and extent of the uses of the land
line 28 for housing, business, industry, open space, including agriculture,
line 29 natural resources, recreation, and enjoyment of scenic beauty,
line 30 education, public buildings and grounds, solid and liquid waste
line 31 disposal facilities, greenways, as defined in Section 816.52 of the
line 32 Civil Code, and other categories of public and private uses of land.
line 33 The location and designation of the extent of the uses of the land
line 34 for public and private uses shall consider the identification of land
line 35 and natural resources pursuant to paragraph (3) of subdivision (d).
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line 1 The land use element shall include a statement of the standards of
line 2 population density and building intensity recommended for the
line 3 various districts and other territory covered by the plan. The land
line 4 use element shall identify and annually review those areas covered
line 5 by the plan that are subject to flooding identified by flood plain
line 6 mapping prepared by the Federal Emergency Management Agency
line 7 (FEMA) or the Department of Water Resources. The land use
line 8 element shall also do both of the following:
line 9 (1) Designate in a land use category that provides for timber
line 10 production those parcels of real property zoned for timberland
line 11 production pursuant to the California Timberland Productivity Act
line 12 of 1982 (Chapter 6.7 (commencing with Section 51100) of Part 1
line 13 of Division 1 of Title 5).
line 14 (2) Consider the impact of new growth on military readiness
line 15 activities carried out on military bases, installations, and operating
line 16 and training areas, when proposing zoning ordinances or
line 17 designating land uses covered by the general plan for land, or other
line 18 territory adjacent to military facilities, or underlying designated
line 19 military aviation routes and airspace.
line 20 (A) In determining the impact of new growth on military
line 21 readiness activities, information provided by military facilities
line 22 shall be considered. Cities and counties shall address military
line 23 impacts based on information from the military and other sources.
line 24 (B) The following definitions govern this paragraph:
line 25 (i) “Military readiness activities” mean all of the following:
line 26 (I) Training, support, and operations that prepare the members
line 27 of the military for combat.
line 28 (II) Operation, maintenance, and security of any military
line 29 installation.
line 30 (III) Testing of military equipment, vehicles, weapons, and
line 31 sensors for proper operation or suitability for combat use.
line 32 (ii) “Military installation” means a base, camp, post, station,
line 33 yard, center, homeport facility for any ship, or other activity under
line 34 the jurisdiction of the United States Department of Defense as
line 35 defined in paragraph (1) of subsection (e) of Section 2687 of Title
line 36 10 of the United States Code.
line 37 (b) (1) A circulation element consisting of the general location
line 38 and extent of existing and proposed major thoroughfares,
line 39 transportation routes, terminals, any military airports and ports,
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line 1 and other local public utilities and facilities, all correlated with the
line 2 land use element of the plan.
line 3 (2) (A) Commencing January 1, 2011, upon any substantive
line 4 revision of the circulation element, the legislative body shall
line 5 modify the circulation element to plan for a balanced, multimodal
line 6 transportation network that meets the needs of all users of streets,
line 7 roads, and highways for safe and convenient travel in a manner
line 8 that is suitable to the rural, suburban, or urban context of the
line 9 general plan.
line 10 (B) Upon the next any substantive revision of the circulation
line 11 element on or after June 30, 2024, January 1, 2025, the legislative
line 12 body shall develop or update the plan for a balanced, multimodal
line 13 transportation network required by subparagraph (A), and shall
line 14 ensure the plan includes the following for any urbanized area, as
line 15 defined in Section 21071 of the Public Resources Code, area within
line 16 the scope of the general plan:
line 17 (i) The development of and implementation of bicycle plans,
line 18 pedestrian plans, and traffic calming plans for which
line 19 implementation shall commence no later than two years from the
line 20 date the circulation element is modified. The modified circulation
line 21 element The bicycle plans, pedestrian plans, and traffic calming
line 22 plans shall address all of the following:
line 23 (I) Use evidence-based strategies intended to eliminate traffic
line 24 fatalities, with an emphasis on fatalities of bicyclists, pedestrians,
line 25 and users of any other form of human-powered transportation.
line 26 (II)
line 27 (I) Identify safety corridors and any land or facility that
line 28 generates high concentrations of bicyclists or pedestrians, as those
line 29 terms are defined in Section 22358.7 of the Vehicle Code, and
line 30 include safety measures specific to those areas. pedestrians.
line 31 (II) Use evidence-based strategies to develop safety measures
line 32 specific to those areas that are intended to eliminate traffic
line 33 fatalities, with an emphasis on fatalities of bicyclists, pedestrians,
line 34 and users of any other form of micromobility device in the areas
line 35 identified in subclause (I).
line 36 (III) Establish traffic calming measures around schools and
line 37 parks, and within business activity districts, as defined in Section
line 38 22358.9 of the Vehicle Code. districts.
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line 1 (ii) (I) A county or city shall begin implementation of the
line 2 modified circulation element plan within two years of the date of
line 3 adoption of the plan.
line 4 (II) A county or city shall complete implementation of the plan
line 5 for a multimodal transportation network, including all bicycle
line 6 plans, pedestrian plans, and traffic calming plans iterated in the
line 7 modified circulation element, and the construction of any related
line 8 infrastructure, within 20 25 years of the date of adoption of the
line 9 modified circulation element.
line 10 (III) A county or city shall have an additional 10 years to
line 11 complete implementation if the circulation element contains
line 12 measures that decrease traffic fatalities by at least 20 percent within
line 13 the first 5 years of its implementation period, and the county or
line 14 city implements those measures within those 5 years.
line 15 (IV) A county or city shall not be required to comply with the
line 16 requirements of this clause upon making a written finding based
line 17 on substantial evidence that its failure to comply with the
line 18 requirements of this clause are the result of unforeseen
line 19 circumstances outside of the control of the county or city.
line 20 (iii) (I) Beginning January 1, 2024, 2025, failure by a county
line 21 or city to comply with the requirements of this subparagraph shall
line 22 create a cause of action for bicyclists, pedestrians, and users of
line 23 any other form of human-powered transportation micromobility
line 24 device injured within the right-of-way in the areas identified in
line 25 subclause (I) of clause (i) in a collision with a motor vehicle in
line 26 high injury areas in the Counties of Alameda, Contra Costa, Los
line 27 Angeles, Orange, Riverside, Sacramento, San Bernardino, San
line 28 Diego, San Francisco, and Santa Clara. For the purposes of this
line 29 subdivision, “high injury areas” means:
line 30 (ia) The 10 locations within a county or city that have the
line 31 highest rate of incidents of injuries to bicyclists, pedestrians, and
line 32 users of any other form of human-powered transportation.
line 33 (ib) If less than 10 locations, the locations within a county or
line 34 city that, when combined, account for 50.1 percent or more of all
line 35 incidents of injuries to bicyclists, pedestrians, and users of any
line 36 other form of human-powered transportation.
line 37 (II) This clause shall become inoperative on January 1, 2028.
line 38 (iv) For the purposes of this subparagraph, the following
line 39 definitions shall apply:
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line 1 (I) “Business activity district” has the same meaning as defined
line 2 in Section 22358.9 of the Vehicle Code.
line 3 (II) “Land facilities that generate high concentrations of
line 4 bicyclists or pedestrians” has the same meaning as described in
line 5 Section 22358.7 of the Vehicle Code.
line 6 (III) “Micromobility device” means a bicycle, electric bicycle,
line 7 or motorized scooter as those terms are defined and described in
line 8 Division 1 (commencing with Section 100) of the Vehicle Code.
line 9 (IV) “Safety corridor” has the same meaning as defined in
line 10 Section 22358.7 of the Vehicle Code.
line 11 (V) “Urbanized area” has the same meaning as defined in
line 12 Section 21071 of the Public Resources Code.
line 13 (C) For purposes of this paragraph, “users of streets, roads, and
line 14 highways” mean bicyclists, children, persons with disabilities,
line 15 motorists, movers of commercial goods, pedestrians, users of public
line 16 transportation, and seniors.
line 17 (c) A housing element as provided in Article 10.6 (commencing
line 18 with Section 65580).
line 19 (d) (1) A conservation element for the conservation,
line 20 development, and utilization of natural resources, including water
line 21 and its hydraulic force, forests, soils, rivers and other waters,
line 22 harbors, fisheries, wildlife, minerals, and other natural resources.
line 23 The conservation element shall consider the effect of development
line 24 within the jurisdiction, as described in the land use element, on
line 25 natural resources located on public lands, including military
line 26 installations. That portion of the conservation element including
line 27 waters shall be developed in coordination with any countywide
line 28 water agency and with all district and city agencies, including
line 29 flood management, water conservation, or groundwater agencies
line 30 that have developed, served, controlled, managed, or conserved
line 31 water of any type for any purpose in the county or city for which
line 32 the plan is prepared. Coordination shall include the discussion and
line 33 evaluation of any water supply and demand information described
line 34 in Section 65352.5, if that information has been submitted by the
line 35 water agency to the city or county.
line 36 (2) The conservation element may also cover all of the
line 37 following:
line 38 (A) The reclamation of land and waters.
line 39 (B) Prevention and control of the pollution of streams and other
line 40 waters.
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line 1 (C) Regulation of the use of land in stream channels and other
line 2 areas required for the accomplishment of the conservation plan.
line 3 (D) Prevention, control, and correction of the erosion of soils,
line 4 beaches, and shores.
line 5 (E) Protection of watersheds.
line 6 (F) The location, quantity, and quality of the rock, sand, and
line 7 gravel resources.
line 8 (3) Upon the next revision of the housing element on or after
line 9 January 1, 2009, the conservation element shall identify rivers,
line 10 creeks, streams, flood corridors, riparian habitats, and land that
line 11 may accommodate floodwater for purposes of groundwater
line 12 recharge and stormwater management.
line 13 (e) An open-space element as provided in Article 10.5
line 14 (commencing with Section 65560).
line 15 (f) (1) A noise element that shall identify and appraise noise
line 16 problems in the community. The noise element shall analyze and
line 17 quantify, to the extent practicable, as determined by the legislative
line 18 body, current and projected noise levels for all of the following
line 19 sources:
line 20 (A) Highways and freeways.
line 21 (B) Primary arterials and major local streets.
line 22 (C) Passenger and freight online railroad operations and ground
line 23 rapid transit systems.
line 24 (D) Commercial, general aviation, heliport, helistop, and military
line 25 airport operations, aircraft overflights, jet engine test stands, and
line 26 all other ground facilities and maintenance functions related to
line 27 airport operation.
line 28 (E) Local industrial plants, including, but not limited to, railroad
line 29 classification yards.
line 30 (F) Other ground stationary noise sources, including, but not
line 31 limited to, military installations, identified by local agencies as
line 32 contributing to the community noise environment.
line 33 (2) Noise contours shall be shown for all of these sources and
line 34 stated in terms of community noise equivalent level (CNEL) or
line 35 day-night average sound level (Ldn). The noise contours shall be
line 36 prepared on the basis of noise monitoring or following generally
line 37 accepted noise modeling techniques for the various sources
line 38 identified in subparagraphs (A) to (F) of paragraph (1), inclusive.
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line 1 (3) The noise contours shall be used as a guide for establishing
line 2 a pattern of land uses in the land use element that minimizes the
line 3 exposure of community residents to excessive noise.
line 4 (4) The noise element shall include implementation measures
line 5 and possible solutions that address existing and foreseeable noise
line 6 problems, if any. The adopted noise element shall serve as a
line 7 guideline for compliance with the state’s noise insulation standards.
line 8 (g) (1) A safety element for the protection of the community
line 9 from any unreasonable risks associated with the effects of
line 10 seismically induced surface rupture, ground shaking, ground
line 11 failure, tsunami, seiche, and dam failure; slope instability leading
line 12 to mudslides and landslides; subsidence; liquefaction; and other
line 13 seismic hazards identified pursuant to Chapter 7.8 (commencing
line 14 with Section 2690) of Division 2 of the Public Resources Code,
line 15 and other geologic hazards known to the legislative body; flooding;
line 16 and wildland and urban fires. The safety element shall include
line 17 mapping of known seismic and other geologic hazards. It shall
line 18 also address evacuation routes, military installations, peakload
line 19 water supply requirements, and minimum road widths and
line 20 clearances around structures, as those items relate to identified fire
line 21 and geologic hazards.
line 22 (2) The safety element, upon the next revision of the housing
line 23 element on or after January 1, 2009, shall also do the following:
line 24 (A) Identify information regarding flood hazards, including,
line 25 but not limited to, the following:
line 26 (i) Flood hazard zones. As used in this subdivision, “flood
line 27 hazard zone” means an area subject to flooding that is delineated
line 28 as either a special hazard area or an area of moderate or minimal
line 29 hazard on an official flood insurance rate map issued by FEMA.
line 30 The identification of a flood hazard zone does not imply that areas
line 31 outside the flood hazard zones or uses permitted within flood
line 32 hazard zones will be free from flooding or flood damage.
line 33 (ii) National Flood Insurance Program maps published by
line 34 FEMA.
line 35 (iii) Information about flood hazards that is available from the
line 36 United States Army Corps of Engineers.
line 37 (iv) Designated floodway maps that are available from the
line 38 Central Valley Flood Protection Board.
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line 1 (v) Dam failure inundation maps prepared pursuant to Section
line 2 6161 of the Water Code that are available from the Department of
line 3 Water Resources.
line 4 (vi) Awareness Floodplain Mapping Program maps and 200-year
line 5 flood plain maps that are or may be available from, or accepted
line 6 by, the Department of Water Resources.
line 7 (vii) Maps of levee protection zones.
line 8 (viii) Areas subject to inundation in the event of the failure of
line 9 project or nonproject levees or floodwalls.
line 10 (ix) Historical data on flooding, including locally prepared maps
line 11 of areas that are subject to flooding, areas that are vulnerable to
line 12 flooding after wildfires, and sites that have been repeatedly
line 13 damaged by flooding.
line 14 (x) Existing and planned development in flood hazard zones,
line 15 including structures, roads, utilities, and essential public facilities.
line 16 (xi) Local, state, and federal agencies with responsibility for
line 17 flood protection, including special districts and local offices of
line 18 emergency services.
line 19 (B) Establish a set of comprehensive goals, policies, and
line 20 objectives based on the information identified pursuant to
line 21 subparagraph (A), for the protection of the community from the
line 22 unreasonable risks of flooding, including, but not limited to:
line 23 (i) Avoiding or minimizing the risks of flooding to new
line 24 development.
line 25 (ii) Evaluating whether new development should be located in
line 26 flood hazard zones, and identifying construction methods or other
line 27 methods to minimize damage if new development is located in
line 28 flood hazard zones.
line 29 (iii) Maintaining the structural and operational integrity of
line 30 essential public facilities during flooding.
line 31 (iv) Locating, when feasible, new essential public facilities
line 32 outside of flood hazard zones, including hospitals and health care
line 33 facilities, emergency shelters, fire stations, emergency command
line 34 centers, and emergency communications facilities or identifying
line 35 construction methods or other methods to minimize damage if
line 36 these facilities are located in flood hazard zones.
line 37 (v) Establishing cooperative working relationships among public
line 38 agencies with responsibility for flood protection.
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line 1 (C) Establish a set of feasible implementation measures designed
line 2 to carry out the goals, policies, and objectives established pursuant
line 3 to subparagraph (B).
line 4 (3) Upon the next revision of the housing element on or after
line 5 January 1, 2014, the safety element shall be reviewed and updated
line 6 as necessary to address the risk of fire for land classified as state
line 7 responsibility areas, as defined in Section 4102 of the Public
line 8 Resources Code, and land classified as very high fire hazard
line 9 severity zones, as defined in Section 51177. This review shall
line 10 consider the advice included in the Office of Planning and
line 11 Research’s most recent publication of “Fire Hazard Planning,
line 12 General Plan Technical Advice Series” and shall also include all
line 13 of the following:
line 14 (A) Information regarding fire hazards, including, but not limited
line 15 to, all of the following:
line 16 (i) Fire hazard severity zone maps available from the Office of
line 17 the State Fire Marshal.
line 18 (ii) Any historical data on wildfires available from local agencies
line 19 or a reference to where the data can be found.
line 20 (iii) Information about wildfire hazard areas that may be
line 21 available from the United States Geological Survey.
line 22 (iv) General location and distribution of existing and planned
line 23 uses of land in very high fire hazard severity zones and in state
line 24 responsibility areas, including structures, roads, utilities, and
line 25 essential public facilities. The location and distribution of planned
line 26 uses of land shall not require defensible space compliance measures
line 27 required by state law or local ordinance to occur on publicly owned
line 28 lands or open space designations of homeowner associations.
line 29 (v) Local, state, and federal agencies with responsibility for fire
line 30 protection, including special districts and local offices of
line 31 emergency services.
line 32 (B) A set of goals, policies, and objectives based on the
line 33 information identified pursuant to subparagraph (A) for the
line 34 protection of the community from the unreasonable risk of wildfire.
line 35 (C) A set of feasible implementation measures designed to carry
line 36 out the goals, policies, and objectives based on the information
line 37 identified pursuant to subparagraph (B), including, but not limited
line 38 to, all of the following:
line 39 (i) Avoiding or minimizing the wildfire hazards associated with
line 40 new uses of land.
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line 1 (ii) Locating, when feasible, new essential public facilities
line 2 outside of high fire risk areas, including, but not limited to,
line 3 hospitals and health care facilities, emergency shelters, emergency
line 4 command centers, and emergency communications facilities, or
line 5 identifying construction methods or other methods to minimize
line 6 damage if these facilities are located in a state responsibility area
line 7 or very high fire hazard severity zone.
line 8 (iii) Designing adequate infrastructure if a new development is
line 9 located in a state responsibility area or in a very high fire hazard
line 10 severity zone, including safe access for emergency response
line 11 vehicles, visible street signs, and water supplies for structural fire
line 12 suppression.
line 13 (iv) Working cooperatively with public agencies with
line 14 responsibility for fire protection.
line 15 (D) If a city or county has adopted a fire safety plan or document
line 16 separate from the general plan, an attachment of, or reference to,
line 17 a city or county’s adopted fire safety plan or document that fulfills
line 18 commensurate goals and objectives and contains information
line 19 required pursuant to this paragraph.
line 20 (4) Upon the next revision of a local hazard mitigation plan,
line 21 adopted in accordance with the federal Disaster Mitigation Act of
line 22 2000 (Public Law 106-390), on or after January 1, 2017, or, if a
line 23 local jurisdiction has not adopted a local hazard mitigation plan,
line 24 beginning on or before January 1, 2022, the safety element shall
line 25 be reviewed and updated as necessary to address climate adaptation
line 26 and resiliency strategies applicable to the city or county. This
line 27 review shall consider advice provided in the Office of Planning
line 28 and Research’s General Plan Guidelines and shall include all of
line 29 the following:
line 30 (A) (i) A vulnerability assessment that identifies the risks that
line 31 climate change poses to the local jurisdiction and the geographic
line 32 areas at risk from climate change impacts, including, but not limited
line 33 to, an assessment of how climate change may affect the risks
line 34 addressed pursuant to paragraphs (2) and (3).
line 35 (ii) Information that may be available from federal, state,
line 36 regional, and local agencies that will assist in developing the
line 37 vulnerability assessment and the adaptation policies and strategies
line 38 required pursuant to subparagraph (B), including, but not limited
line 39 to, all of the following:
line 40 (I) Information from the internet-based Cal-Adapt tool.
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line 1 (II) Information from the most recent version of the California
line 2 Adaptation Planning Guide.
line 3 (III) Information from local agencies on the types of assets,
line 4 resources, and populations that will be sensitive to various climate
line 5 change exposures.
line 6 (IV) Information from local agencies on their current ability to
line 7 deal with the impacts of climate change.
line 8 (V) Historical data on natural events and hazards, including
line 9 locally prepared maps of areas subject to previous risk, areas that
line 10 are vulnerable, and sites that have been repeatedly damaged.
line 11 (VI) Existing and planned development in identified at-risk
line 12 areas, including structures, roads, utilities, and essential public
line 13 facilities.
line 14 (VII) Federal, state, regional, and local agencies with
line 15 responsibility for the protection of public health and safety and
line 16 the environment, including special districts and local offices of
line 17 emergency services.
line 18 (B) A set of adaptation and resilience goals, policies, and
line 19 objectives based on the information specified in subparagraph (A)
line 20 for the protection of the community.
line 21 (C) A set of feasible implementation measures designed to carry
line 22 out the goals, policies, and objectives identified pursuant to
line 23 subparagraph (B), including, but not limited to, all of the following:
line 24 (i) Feasible methods to avoid or minimize climate change
line 25 impacts associated with new uses of land.
line 26 (ii) The location, when feasible, of new essential public facilities
line 27 outside of at-risk areas, including, but not limited to, hospitals and
line 28 health care facilities, emergency shelters, emergency command
line 29 centers, and emergency communications facilities, or identifying
line 30 construction methods or other methods to minimize damage if
line 31 these facilities are located in at-risk areas.
line 32 (iii) The designation of adequate and feasible infrastructure
line 33 located in an at-risk area.
line 34 (iv) Guidelines for working cooperatively with relevant local,
line 35 regional, state, and federal agencies.
line 36 (v) The identification of natural infrastructure that may be used
line 37 in adaptation projects, where feasible. Where feasible, the plan
line 38 shall use existing natural features and ecosystem processes, or the
line 39 restoration of natural features and ecosystem processes, when
line 40 developing alternatives for consideration. For purposes of this
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SB 932 — 13 —
line 1 clause, “natural infrastructure” means using natural ecological
line 2 systems or processes to reduce vulnerability to climate change
line 3 related hazards, or other related climate change effects, while
line 4 increasing the long-term adaptive capacity of coastal and inland
line 5 areas by perpetuating or restoring ecosystem services. This
line 6 includes, but is not limited to, the conservation, preservation, or
line 7 sustainable management of any form of aquatic or terrestrial
line 8 vegetated open space, such as beaches, dunes, tidal marshes, reefs,
line 9 seagrass, parks, rain gardens, and urban tree canopies. It also
line 10 includes systems and practices that use or mimic natural processes,
line 11 such as permeable pavements, bioswales, and other engineered
line 12 systems, such as levees that are combined with restored natural
line 13 systems, to provide clean water, conserve ecosystem values and
line 14 functions, and provide a wide array of benefits to people and
line 15 wildlife.
line 16 (D) (i) If a city or county has adopted the local hazard
line 17 mitigation plan, or other climate adaptation plan or document that
line 18 fulfills commensurate goals and objectives and contains the
line 19 information required pursuant to this paragraph, separate from the
line 20 general plan, an attachment of, or reference to, the local hazard
line 21 mitigation plan or other climate adaptation plan or document.
line 22 (ii) Cities or counties that have an adopted hazard mitigation
line 23 plan, or other climate adaptation plan or document that substantially
line 24 complies with this section, or have substantially equivalent
line 25 provisions to this subdivision in their general plans, may use that
line 26 information in the safety element to comply with this subdivision,
line 27 and shall summarize and incorporate by reference into the safety
line 28 element the other general plan provisions, climate adaptation plan
line 29 or document, specifically showing how each requirement of this
line 30 subdivision has been met.
line 31 (5) Upon the next revision of the housing element on or after
line 32 January 1, 2020, the safety element shall be reviewed and updated
line 33 as necessary to identify residential developments in any hazard
line 34 area identified in the safety element that do not have at least two
line 35 emergency evacuation routes.
line 36 (6) After the initial revision of the safety element pursuant to
line 37 paragraphs (2), (3), (4), and (5), the planning agency shall review
line 38 and, if necessary, revise the safety element upon each revision of
line 39 the housing element or local hazard mitigation plan, but not less
line 40 than once every eight years, to identify new information relating
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line 1 to flood and fire hazards and climate adaptation and resiliency
line 2 strategies applicable to the city or county that was not available
line 3 during the previous revision of the safety element.
line 4 (7) Cities and counties that have flood plain management
line 5 ordinances that have been approved by FEMA that substantially
line 6 comply with this section, or have substantially equivalent
line 7 provisions to this subdivision in their general plans, may use that
line 8 information in the safety element to comply with this subdivision,
line 9 and shall summarize and incorporate by reference into the safety
line 10 element the other general plan provisions or the flood plain
line 11 ordinance, specifically showing how each requirement of this
line 12 subdivision has been met.
line 13 (8) Before the periodic review of its general plan and before
line 14 preparing or revising its safety element, each city and county shall
line 15 consult the California Geological Survey of the Department of
line 16 Conservation, the Central Valley Flood Protection Board, if the
line 17 city or county is located within the boundaries of the Sacramento
line 18 and San Joaquin Drainage District, as set forth in Section 8501 of
line 19 the Water Code, and the Office of Emergency Services for the
line 20 purpose of including information known by and available to the
line 21 department, the agency, and the board required by this subdivision.
line 22 (9) To the extent that a county’s safety element is sufficiently
line 23 detailed and contains appropriate policies and programs for
line 24 adoption by a city, a city may adopt that portion of the county’s
line 25 safety element that pertains to the city’s planning area in
line 26 satisfaction of the requirement imposed by this subdivision.
line 27 (h) (1) An environmental justice element, or related goals,
line 28 policies, and objectives integrated in other elements, that identifies
line 29 disadvantaged communities within the area covered by the general
line 30 plan of the city, county, or city and county, if the city, county, or
line 31 city and county has a disadvantaged community. The
line 32 environmental justice element, or related environmental justice
line 33 goals, policies, and objectives integrated in other elements, shall
line 34 do all of the following:
line 35 (A) Identify objectives and policies to reduce the unique or
line 36 compounded health risks in disadvantaged communities by means
line 37 that include, but are not limited to, the reduction of pollution
line 38 exposure, including the improvement of air quality, and the
line 39 promotion of public facilities, food access, safe and sanitary homes,
line 40 and physical activity.
96
SB 932 — 15 —
line 1 (B) Identify objectives and policies to promote civic engagement
line 2 in the public decisionmaking process.
line 3 (C) Identify objectives and policies that prioritize improvements
line 4 and programs that address the needs of disadvantaged communities.
line 5 (2) A city, county, or city and county subject to this subdivision
line 6 shall adopt or review the environmental justice element, or the
line 7 environmental justice goals, policies, and objectives in other
line 8 elements, upon the adoption or next revision of two or more
line 9 elements concurrently on or after January 1, 2018.
line 10 (3) By adding this subdivision, the Legislature does not intend
line 11 to require a city, county, or city and county to take any action
line 12 prohibited by the United States Constitution or the California
line 13 Constitution.
line 14 (4) For purposes of this subdivision, the following terms shall
line 15 apply:
line 16 (A) “Disadvantaged communities” means an area identified by
line 17 the California Environmental Protection Agency pursuant to
line 18 Section 39711 of the Health and Safety Code or an area that is a
line 19 low-income area that is disproportionately affected by
line 20 environmental pollution and other hazards that can lead to negative
line 21 health effects, exposure, or environmental degradation.
line 22 (B) “Public facilities” includes public improvements, public
line 23 services, and community amenities, as defined in subdivision (d)
line 24 of Section 66000.
line 25 (C) “Low-income area” means an area with household incomes
line 26 at or below 80 percent of the statewide median income or with
line 27 household incomes at or below the threshold designated as low
line 28 income by the Department of Housing and Community
line 29 Development’s list of state income limits adopted pursuant to
line 30 Section 50093 of the Health and Safety Code.
line 31 SEC. 3. It is the intent of the Legislature to create an annual
line 32 grant program, and an appropriation thereof, to be awarded to any
line 33 county or city for the purposes of meeting the requirements of
line 34 Section 65302 of the Government Code, as amended by this act,
line 35 upon a showing of its implementation of timely and effective
line 36 short-term efforts to mitigate bicycle, pedestrian, and other
line 37 human-powered transportation injuries and fatalities. micromobility
line 38 device injuries and fatalities, as that term is defined in subclause
line 39 (III) of clause (iv) of subparagraph (B) of paragraph (2) of
line 40 subdivision (b). It is the intent of the Legislature that the creation
96
— 16 — SB 932
line 1 of this grant program will incentivize any county or city with few
line 2 financial resources to take small, affordable steps towards fulfilling
line 3 its traffic and street safety goals.
line 4 SEC. 4. No reimbursement is required by this act pursuant to
line 5 Section 6 of Article XIII B of the California Constitution because
line 6 a local agency or school district has the authority to levy service
line 7 charges, fees, or assessments sufficient to pay for the program or
line 8 level of service mandated by this act, within the meaning of Section
line 9 17556 of the Government Code.
O
96
SB 932 — 17 —
SENATE RULES COMMITTEE
Office of Senate Floor Analyses
(916) 651-1520 Fax: (916) 327-4478
SB 1229
THIRD READING
Bill No: SB 1229
Author: McGuire (D)
Amended: 4/28/22
Vote: 21
SENATE EDUCATION COMMITTEE: 7-0, 4/27/22
AYES: Leyva, Ochoa Bogh, Cortese, Dahle, Glazer, McGuire, Pan
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/19/22
AYES: Portantino, Bates, Bradford, Jones, Kamlager, Laird, Wieckowski
SUBJECT: Mental Health Workforce Grant Program
SOURCE: State Superintendent of Public Instruction Tony Thurmond
DIGEST: This bill requires, upon appropriation by the Legislature, the California
Student Aid Commission (Commission) to administer the Mental Health
Workforce Grant Program (Program), as established by this bill, to increase the
number of mental health professionals serving children and youth.
ANALYSIS:
Existing law:
1) Provides that the minimum requirements for the services credential with a
specialization in pupil personnel services are a baccalaureate degree or higher
degree from a regionally accredited institution of higher education, a fifth year
of study, and any specialized and professional preparation that the commission
shall require, including completion of a commission-approved program of
supervised field experience that includes direct classroom contact, jointly
sponsored by a school district and a college or university. (Education Code §
44266)
2) Provides that, to qualify for a license or registration in marriage, family, and
child counseling, marriage and family therapy, couple and family therapy,
SB 1229
Page 2
psychology, clinical psychology, counseling psychology, or eith er counseling
or clinical mental health counseling with an emphasis in either marriage,
family, and child counseling or marriage and family therapy, an applicant must
possess a doctoral or master’s degree meeting the requirements in those
professions (Business and Professions Code § 4980.36)
3) Provides that, to qualify for licensure or registration in counseling or
psychotherapy, applicants shall possess a master’s or doctoral degree that
meets the requirements of the profession and be obtained from an accredited
or approved institution (BPC 4999.33)
4) Specifies that the Board of Behavioral Science (BBS) may issue a license as an
educational psychologist if the applicant satisfies, with proof satisfactory to the
BBS, the following requirements:
a) Possession of, at minimum, a master’s degree in psychology, educational
psychology, school psychology, counseling and guidance, or a degree
deemed equivalent by the board; attainment of 18 years of age; not subject
to denial of licensure; successful completion of 60 semester hours of
postgraduate work in pupil personnel services; and two years of full-time,
or the equivalent to full-time, experience as a credentialed school
psychologist in the public schools. (BPC § 4989.20)
This bill:
1) States the Legislature finds and declares that California is experiencing a
shortage of licensed behavioral health professionals while the state is
experiencing a behavioral health crisis among its youth.
2) Stipulates the Program, as established by this bill, shall become enacted upon
an appropriation from the Legislature.
3) Clarifies the Commission shall award up to 10,000 grants over a three-year
period.
4) Specifies each grant cannot exceed $25,000.
5) Requires each grant to be awarded to an applicant who meets all of the
following requirements:
SB 1229
Page 3
a) To be enrolled in a California postgraduate program or pupil personnel
services credential program at an accredited school or department of social
work, on or after January 1, 2022, that meets the requirements for licensure
for educational psychologists or for the pupil personnel services credential.
b) An applicant who commits to all of the following:
i) Working with an eligible California-based nonprofit entity or a local
educational agency for their required supervised experience hours
pursuant to BPC or meeting the requirements of the services credential
with a specialization in pupil personnel services described in the
Education Code.
ii) Working with an eligible California-based nonprofit entity or a local
educational agency for two years upon completion of the postgraduate
or credential program.
iii) Upon completion of the postgraduate or credential program, satisfying
the requirements to become a registered associate clinical social
worker, associate professional clinical counselor, or associate marriage
and family therapist.
6) Requires a grant recipient to repay the state annually a proportional percentage
of the total grant funds up to full repayment of the received grant funds, for
each year the recipient fails to fulfill their commitments.
7) Authorizes the Commission to determine any exceptions to the requirement for
repayment.
8) Allows the Commission, to include but is not limited to, counting a school year
towards the fulfillment of a grant recipient’s two-year work commitment, if a
grant recipient is unable to complete the school year when any of the following
occurs:
a) The employer deems the recipient to have fulfilled the recipient’s
contractual requirements for the school year for purposes of salary
increases, probationary or permanent status, and retirement.
b) The recipient was unable to fulfill their contractual requirements due to the
financial circumstances of the nonprofit entity or local educational agency,
SB 1229
Page 4
including a decision to not reelect or rehire the recipient for the next
succeeding school year.
c) The recipient has a condition covered under the federal Family and Medical
Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.) or similar state law.
d) The recipient was called or ordered to active duty status for more than 30
days as a member of a reserve component of the Armed Forces of the
United States.
9) Provides the California Department of Education the authority to determine
nonperformance of the commitment to work with an eligible California-based
nonprofit entity or local education agency.
10) Provides the Commission authority to determine nonperformance of the
commitment to earn an eligible degree in a postgraduate or credential program.
11) Clarifies funds appropriated for the program in the 2022 Budget Act shall be
available for encumbrance or expenditure by th e commission until June 30,
2025.
12) States grants shall be used to supplement and not supplant other sources of
grant financial aid.
13) Specifies that one-time grants issued by this Program should exceed the
amount appropriated for the Program as allocated by the 2022 Budget Act.
14) Allows the Commission to use up to one and one-half percent of funding
appropriated for program outreach and administration.
15) Requires the Commission to award at least 60 percent of the grants to eligible
applicants who commit to working with a local educational agency for their
required supervised experience hours.
16) Specifies the Commission shall give priority in awarding grants to
communities with the greatest need, as determined by the department,
including factors such as ACES (adverse childhood experiences) scores.
17) Allows the Commission to award a grant to a grant recipient in a one -time
payment or two installment payments.
SB 1229
Page 5
18) Defines, unless the context requires otherwise, “Eligible California-based
nonprofit entity” to mean a nonprofit entity located in California that provides
mental health services to children and youth.
19) Defines, unless the context requires otherwise, “Grant program” or “program”
to mean the Mental Health Workforce Grant Program established pursuant to
this article.
20) Allows the Commission to adopt regulations necessary for the implementation
of the program.
21) Authorizes the Commission to adopt emergency regulations it deems necessary
for the implementation of this program, in accordance with the rulemaking
provisions of the Administrative Procedure Act.
Comments
1) Need for this bill. According to the author “California is experiencing a
shortage of licensed behavioral health professionals, and the shortage is
expected to grow over the next decade. Currently, just under eight million
Californian’s – the majority of them Latinx, African American, and Native
American – live in Behavioral Health Professional Shortage Areas (BHPSA’s),
a federal designation for geographic regions experiencing shortfalls of mental
health care providers.[…] SB 1229 seeks to address the behavioral health
professional shortage and increasing demand for mental health services among
our youth by providing 10,00 grants of up to $25,000 each for students
pursuing qualifying postgraduate degrees or PPS credentials to increase the
number of behavioral health professionals serving children and youth at
California public schools and community-based organizations.”
2) Mental Health Professional Shortage. The Census Bureau reported that 30
percent of American adults had symptoms consistent with an anxiety or
depression diagnosis. While the pandemic has exacerbated underlying mental
health issues for many Americans, barriers to receiving mental health care have
existed for years. A central issue is the lack of mental health care professionals.
According to the National Survey on Drug Use and Health, 12.3 percent of
adolescents had a major depressive episode in 2014 -2015. In 2014-2015, 6.6
percent of persons age 12 or older had an alcohol use disord er. Historically,
many Californians with behavioral health needs have had difficulty obtaining
SB 1229
Page 6
the services they need. Among California adolescents who had a major
depressive episode between 2011 and 2015, only 32.1 percent reported that
they received treatment within the past year.
In a report published by the California Future Health Workforce Commission,
without significant changes to the system, the situation in California will only
get worse. The Commission projects that California will have 41 percent fewer
psychiatrists and 11 percent fewer psychologists, marriage and family
therapists, clinical counselors, and social workers than needed by 2030. Gaps
in care are particularly acute for millions of Californians already living in
communities facing overall shortages of health professionals, including both
rural and underserved urban areas. Meeting behavioral health needs is critical
to optimizing the health and well-being of Californians. SB 1229 (McGuire)
aims to address this shortage by providing a g rant to postgraduate students
working toward their licensure.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee:
While the establishment of the program would be contingent upon an
appropriation, this bill could result in General Fund cost pressure of up to $250
million over a three-year period to fund it. This estimate assumes that the
maximum grant amount of $25,000 would be awarded to approximately 10,000
applicants.
The Commission estimates ongoing General Fund costs of approximately
$909,000 to implement this program. Staff notes that the bill allows the use of
up to one and one-half percent of the funds appropriated for program outreach
and administration.
SUPPORT: (Verified 5/19/22)
State Superintendent of Public Instruction Tony Thurmond (source)
Association of Independent California Colleges and Universities
Board of Behavioral Sciences
Calaveras County Office of Education
California Alliance of Child and Family Services
California Association of School Psychologist
California Catholic Conference
California Federation of Teachers, AFL-CIO
California State Parent Teacher Association
SB 1229
Page 7
Children Now
Children’s Institute
Community Solutions for Children, Families and Individuals
DBSA California
Family Care Network, Inc.
Fred Finch Youth Center
Hillsides
Jewish Family and Children’s Service of San Francisco, the Peninsula Marin and
Sonoma Counties
Los Angeles County Office of Education
Los Angles Trust For Children’s Health
National Association of Social Workers, California Chapter
Office of the Riverside County Superintendent of schools
Penny Lane Centers
Seneca Family of Agencies
Stanford Youth Solution
Sycamores
Tuolumne County Superintendent of Schools
16 Individuals
OPPOSITION: (Verified 5/19/22)
None received
Prepared by: Kordell Hampton / ED. / (916) 651-4105
5/21/22 16:00:48
**** END ****
Tri-Valley Cities
DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON
May 5, 2022
The Honorable Chris Holden
California State Assembly
1021 O Street, Suite 5650
Sacramento, CA 95814
RE: Assembly Bill 1737 (Holden) Children’s camps: local registration and inspections
Letter of Opposition Unless Amended from the Tri-Valley Cities
(As Amended 4.20.2022)
Dear Assemblymember Holden,
On behalf of the Tri-Valley Cities Coalition, which includes the Cities of Dublin, Livermore,
Pleasanton, San Ramon, and the Town of Danville, we write to express our respectful opposition
to your bill, AB 1737, unless amended to specify that the various provisions related to oversight,
reporting, and other requirements, do not apply to cities and city staff.
As you know, children’s camps are extremely important to the growth and maturation of youth,
while also functioning as necessary respite for parents or guardians who work or have various
other obligations which preclude them from being with their children at all times. Additionally, we
agree with the intent of this bill – providing greater oversight of these camps to ensure the safety
of children.
Nevertheless, AB 1737, as currently written, is unclear as to whether cities will be the local entities
incurring a number of new responsibilities related to the oversight, reporting, and operations of
children’s camps. As you know, cities and municipal staff are already over stretched and
understaffed, and do not have the resources, background, nor time to handle the additional
responsibilities laid out in this bill.
•We would urge you and the Legislature to consider amending this bill to clarify that cities
are in no way tasked with these new responsibilities, as there are other entities at the
State level better suited and equipped with the necessary infrastructure to handle the
proposed requirements.
•Additionally, we would urge you to consider exempting City sponsored children’s camps
and camps that are provided via a contract with Cities from the bill. Many city attorneys
already vet risk management/mitigation protocols for camps run by a municipality due to
the tremendous amount of liability that cities cannot afford to incur. As such, we believe
the additional requirements are not necessary for city-run children’s camps or camps that
run via a contract with cities.
Again, we must respectfully oppose Assembly Bill 1737. Thank you for your consideration of our
concerns and we hope to continue engaging in dialogue with your office on amendments to
address them.
Sincerely,
ATTACHMENT B
Tri-Valley Cities
DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON
CC: Senator Steve Glazer
Assemblymember Rebecca Bauer-Kahan
__________________ ____________________ ____________________
Town of Danville City of Dublin City of Livermore
Mayor Newell Arnerich Mayor Melissa Hernandez Mayor Bob Woerner
__________________________ __________________________
City of Pleasanton City of San Ramon
Mayor Karla Brown Mayor Dave Hudson
DANVILLE • LIVERMORE • PLEASANTON • SAN RAMON
May 9, 2022
The Honorable Marc Berman
California State Assembly
1021 O Street, Suite 6130
Sacramento, CA 95814
RE: Assembly Bill 2063 (Berman) Density bonuses: affordable housing impact fees
Letter of Opposition with Comments from the Cities of Livermore, Pleasanton, San
Ramon, and the Town of Danville
(As Amended 4.21.2022)
Dear Assemblymember Berman,
On behalf of the Cities of Livermore, Pleasanton, San Ramon, and the Town of Danville, we write
to express our respectful opposition to your bill, AB 2063 (As amended 4.21.2022), and seek to
provide thoughtful comments as to why we must continue to oppose.
First, we would like to thank you for taking the recent committee amendments to remove “public
benefit fees” from the list of prohibited fees, as that provision was concerning due to the ambiguity
of the definition for said fees. As we mentioned in a previous letter, it is a top priority for cities to
ensure their residents are provided with quality services and key infrastructure. Cities across
California, our 5 jurisdictions included, use various fees such as development fees to pay for those
critical services and capital facilities. AB 2063 would remove our ability to collect some of these
critical fees.
While we understand and appreciate the overall goal of this bill – allowing more affordable housing
to be built by providing affordable developments concessions with density bonus units – we want
to express our concerns:
•We are principally concerned about the fact that the bill applies the exemption to all of the
bonus units of the project, not just those that are affordable.
•One suggestion is that the exemption of fees might be applied only to density bonus units
that are actually deed restricted as affordable. This is important because the largest gap
that our cities need to fill is that of affordable units, not market rate units. In the current
market, affordable units often require a subsidy. The only way many of our cities are
helping foster the creation of these units is through requirements for new residential
development to provide a certain percentage of their units as affordable, or charging an
equivalent in-lieu fee that is used by the City to develop 100% affordable projects.
•By exempting market rate density bonus units from paying fees, including affordable
housing fees, the bill may encourage additional production of market rate units, but not
production of needed affordable units. And once again, with density bonus projects paying
less affordable housing fees, cities would receive less funding to construct
additional affordable units.
Again, we must respectfully oppose Assembly Bill 2063, but we thank you for your consideration
of our concerns and hope that they can be addressed in this bill.
Sincerely,
ATTACHMENT C
DANVILLE • LIVERMORE • PLEASANTON • SAN RAMON
_________________________ _________________________
Town of Danville City of Livermore
Mayor Newell Arnerich Mayor Bob Woerner
CC: Senator Steven Glazer
Assemblymember Rebecca Bauer-Kahan
__________________________ __________________________
City of Pleasanton City of San Ramon
Mayor Karla Brown Mayor Dave Hudson
“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
May 11, 2022
The Honorable Cecilia Aguiar-Curry
Chair, Assembly Local Government Committee
1020 N Street, Room 157
Sacramento, CA 95814
Re: Assembly Bill 2328 (Flora) Local Ordinance: Home Experience Sharing
Notice of Opposition
Dear Assembly Member Aguiar-Curry:
The Town of Danville is writing to respectfully oppose AB 2328. This measure would
prohibit a city or county from prohibiting or effectively prohibiting the use of property
as a home experience sharing unit. This measure is premature and creates a broad
preemption that poses health, safety, and litigation risks. Furthermore, legislation is not
needed to reaffirm local authority to regulate these activities.
Home sharing as contemplated in this measure is not widely used in California so there
is not enough information for state and local policy makers to carefully consider
treatment of home experience sharing platforms. Without enough information, there
should be hesitation to blanketly preempt local ordinances deemed by a new industry
to be unreasonable or effectively prohibiting its operations.
In this instance, the Legislature is being asked to condone and protect the activities of a
burgeoning industry without review of its business practices or impacts on land use,
public safety, environmental and other quality of life factors. In other similar cases, state
and local policy makers have carefully considered the laws and regulations of various
types of sharing economy enterprises from ridesharing to short-term rentals. This
approach has allowed state and local lawmakers to adapt and respond to the ever-
evolving sharing economy.
The Legislature should allow for local governments to maintain their sufficient existing
authority to regulate home experience sharing. This approach allows local government
to protect public health and safety and meet local land use needs while adapting to the
latest sharing economy trends.
ATTACHMENT D
June 21, 2022
Page 2
For these reasons, the Town of Danville respectfully opposes AB 2328.
Sincerely,
_____________________________
NEWELL ARNERICH, MAYOR
cc Senator Steven Glazer, George.Escutia@sen.ga.gov
Assemblymember Rebecca Bauer-Kahan, John.Skoglund@asm.ca.gov
League of California Cities, scaygill@calcities.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
May 11, 2022
The Honorable Cecilia Aguiar-Curry
Chair, Assembly Local Government Committee
1020 N Street, Room 157
Sacramento, CA 95814
Re: Assembly Bill 2631 (O'Donnell) Government Claims Act.
Notice of Opposition
Dear Assembly Member Aguiar-Curry,
The Town of Danville must respectfully oppose AB 2631 (O'Donnell), which would
provide that a city or county could be held liable for injury relating to the effects of their
homelessness policies on another public entity.
Specifically, AB 2631 contradicts the Government Claims Act as the Government Claims
Act specifies that a public entity cannot file a claim against another public entity and
includes a long list of immunities that protect local governments from lawsuits. These
immunities, among other things, include failing to adopt an enactment or failing to
enforce any law. AB 2631 is contrary to these key sections of the Act, creating confusion
and concern about how cities and counties would be held liable for any potential
damages sought by another public entity.
AB 2631 would also pit local agencies against one another at a time when the state is
encouraging collaboration across all branches of government to address the
homelessness crisis. Instead, the Legislature should focus on helping cities and counties
take steps to house unhoused individuals, not award damages for failure to do so.
Additionally, to be liable for damages or be sued for not doing something, a city or
county needs to have a legal responsibility to take action. A vague reference to
"homelessness policies," as included in AB 2631, without more notice of what is
required, should not be the basis of imposing legal responsibility.
Collaboration, cooperation, and support at the local level are key to addressing the
homelessness crisis. Cities and counties across the state are working hard to support
our unhoused residents and invest in solutions that create results. Unfortunately, AB
(925) 314-3400ATTACHMENT E
June 21, 2022
Page 2
2631 will undercut these efforts, likely resulting in no meaningful progress toward
helping the homeless population in California.
For these reasons, the Town of Danville must respectfully oppose AB 2631.
Sincerely,
_____________________________
NEWELL ARNERICH, MAYOR
cc Senator Steven Glazer, George.Escutia@sen.ga.gov
Assemblymember Rebecca Bauer-Kahan, John.Skoglund@asm.ca.gov
League of California Cities, scaygill@calcities.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
(925) 314-3388 (925) 314-3330 (925) 314-3310 (925) 314-3320 (925) 314-3450 (925) 314-3700
May 11, 2022
The Honorable Bob Wieckowski
Member, California State Senate
1021 O Street, Room 6530
Sacramento, CA 95814
Re: Senate Bill 897 Accessory Dwelling Units
Notice of Opposition
Dear Senator Wieckowski:
The Town of Danville must respectfully oppose SB 897, which would significantly
amend the statewide standards that apply to locally adopted ordinances concerning the
construction of accessory dwelling units (ADUs), even though the law has been
substantially amended nearly every year since 2016.
Specifically, SB 897 would require local jurisdictions to:
•Allow ADUs to be constructed with a height of up to 25 feet. Current law
appropriately authorizes cities and counties to restrict ADU height to 16 feet,
thus helping ensure that these accessary units blend into the existing
neighborhood. Mandating that local jurisdictions allow essentially two-story
ADUs is completely contrary to the stated belief that ADUs are a way to increase
density in a modest fashion that is not disruptive to established communities.
Shoehorning a 25-foot structure into a backyard of a single-story ranch style
home calls to question the idea that these are “accessory dwelling units.”
•Permit constructed ADUs in violation of State building standards and in
violation of local zoning requirements. Current law already requires cities and
counties to approve ADUs ministerially, without discretionary review.
Expanding this to prohibit local jurisdictions from denying permits for already
constructed ADUs that fail to comply with State mandated building standards or
local zoning requirements could result in dangerous or substandard living
conditions.
•Allow two ADUs to be constructed on a lot if a multifamily dwelling is proposed
to be developed. SB 897 would allow a property owner to construct two ADUs
Parks and Recreation
(925) 314-3400ATTACHMENT F
May 11, 2022
Page 2
on a vacant parcel years before the proposed multifamily structure begins
construction. Additionally, there is no guarantee that the multifamily structure
will ever be constructed. It is unclear why local jurisdictions should be forced to
allow ADUs to be constructed before the originally proposed multifamily
structure. Constructing an ADU without a primary structure makes them
accessory to nothing, but rather a standalone unit.
For these reasons, the Town of Danville must respectfully oppose SB 897.
Sincerely,
_____________________________
NEWELL ARNERICH, MAYOR
cc Members, Senate Appropriations Committee
Senator Steven Glazer, George.Escutia@sen.ga.gov
Assemblymember Rebecca Bauer-Kahan, John.Skoglund@asm.ca.gov
League of California Cities, scaygill@calcities.org
Tri-Valley Cities
DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON
May 31, 2022
The Honorable Buffy Wicks
California State Assembly
1021 O Street, Suite 6320
Sacramento, CA 95814
Re: Assembly Bill 2011 (Wicks) Affordable Housing and High Roads Jobs Act of 2022
Tri-Valley Cities Coalition – Letter of Opposition with Comments and Suggestions
Dear Assemblymember Wicks:
On behalf of the Tri-Valley Cities Coalition, which includes the Cities of Dublin, Livermore,
Pleasanton, San Ramon, and the Town of Danville, we write to express our respectful opposition
to Assembly Bill 2011, and to provide some feedback and commentary on how this bill can be
made more reasonable for municipalities.
First, we want to acknowledge and commend your efforts to ensure that there is ample affordable
housing in California. We agree that more affordable housing is needed and are supportive of
increased development of affordable housing in places where it is contextually appropriate in each
local jurisdiction. As you know, not all cities are built the same or were planned the same, and as
such, we ask that you and your staff work with us to mitigate the impacts of how certain zoning
requirements may be extremely detrimental to various communities.
Here are some concerns we have with the bill as well as some suggestions which we hope to
engage with your office on:
1.Need for Retail and Commercial Zones
Some of our cities have a number of locations zoned for retail use that we need to keep
as such. If housing is built there, we lose the opportunity to create jobs, garner local
revenue, and provide essential services and amenities to residents. Furthermore, with less
opportunity for retail and commercial properties to be established, our most vulnerable
populations will be forced into longer commutes to jobs. One suggestion is to give
municipalities, via their local legislative bodies, the ability to re-zone those retail or
commercial properties, if they so choose – thus empowering democratically locally elected
officials to make land use decisions, not for-profit developers.
2.Replacing Industrial and Commercial Zones with Residential Housing Results in
Critical Local Revenue Loss
By allowing residential land uses by-right in commercial zones, AB 2011 removes the
ability of a local jurisdiction to continue to carefully zone and balance revenues generated
by all its land uses. It would trigger the loss of revenue-producing commercial uses with
housing, with no ability of a local jurisdiction to intervene and mitigate the economic offset.
Our Coalition firmly believes that increasing housing production can be done in tandem
with protecting economic viability. Local rezonings are done with the engagement of
residents, property owners, elected officials, and developers, who all collectively
contribute to the local vision for each of our communities – visions that see beyond
immediate housing needs and into the critical balancing of retail and commercial zones,
which include our current and hopeful local restaurant and small business owners.
Overriding planning processes to inappropriately place housing developments within
ATTACHMENT G
Tri-Valley Cities
DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON
commercial and industrial zones damages our prospects of connecting local businesses
and their workforces with proximate housing, simply because it erases our vision for how
to create vibrant, connected communities utilizing strategic mixed land use combinations.
3.Encouraging Local Governments to Defy State-Certified Housing Plans Undermines
the RHNA Process
AB 2011 disregards this state mandated local planning effort and forces cities to allow
housing developments in nearly all areas of a city, which undermines the rationale for the
regional housing needs allocation (RHNA) process. This bill empowers for profit
developers – not democratically elected officials – to build housing in retail, commercial,
and industrial zones. Why, then, should cities go through the multiyear planning process
to identify sites suitable for new housing units if those plans will be overwritten by
developers who plan to build on sites never deemed suitable for residential use? AB 2011
sets a concerning precedent for the function and legitimacy of state-mandated housing
production targets and the tools for effectively planning to develop new units. Shifting land
use discretion away from local officials and public engagement will result in confusion,
poorly constructed units, and likely legal challenges to existing and future housing laws.
For the reasons listed above, we must respectfully oppose AB 2011, but hope to work with you
and your staff on amendments to make the bill more realistic and manageable for local
jurisdictions.
Sincerely,
CC: Assemblymember Rebecca Bauer-Kahan
Senator Steven Glazer
__________________ ____________________ ____________________
Town of Danville City of Dublin City of Livermore
Mayor Newell Arnerich Mayor Melissa Hernandez Mayor Bob Woerner
__________________________ __________________________
City of Pleasanton City of San Ramon
Mayor Karla Brown Mayor Dave Hudson
Tri-Valley Cities
DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON
May 31, 2022
The Honorable Rebecca Bauer-Kahan
California State Assembly
1021 O Street, Suite 6320
Sacramento, CA 95814
RE: Assembly Bill 2016 (Bauer-Kahan) State Water Resources Control Board:
desalination plant: feasibility study
Tri-Valley Cities Coalition – Letter of Support
Dear Assemblymember Bauer-Kahan:
On behalf of the Tri-Valley Cities Coalition, which includes the Cities of Dublin, Livermore,
Pleasanton, San Ramon, and the Town of Danville, we write to express our support for your bill,
AB 2016, which requests the California Council on Science and Technology (CCST), in
coordination with the Department of Water Resources (DWR), to undertake a comprehensive
feasibility study of brackish water, ocean water, and groundwater desalination along the San
Francisco Bay and submit the study to the Legislature no later than January 1, 2025.
As our State deals with ongoing drought conditions, water quality issues, and looks for innovative
solutions to addressing water supply and access, we feel that this bill is a critical step in the right
direction. It is absolutely necessary that California explore all options for water sustainability and
continue to lead the nation in innovation and technology.
For these reasons, we are pleased to support AB 2016.
Sincerely,
CC: Senator Steven Glazer
__________________ ____________________ ____________________
Town of Danville City of Dublin City of Livermore
Mayor Newell Arnerich Mayor Melissa Hernandez Mayor Bob Woerner
__________________________ __________________________
City of Pleasanton City of San Ramon
Mayor Karla Brown Mayor Dave Hudson
ATTACHMENT H
Tri-Valley Cities
DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON
May 31, 2022
The Honorable Anthony Portantino
California State Senate
1021 O street, Suite 7630
Sacramento, CA 95814
Re: Senate Bill 932 (Portantino) General plans: circulation element: bicycle and
pedestrian plans and traffic calming plans.
Tri-Valley Cities Coalition – Comment Letter
Dear Senator Portantino:
On behalf of the Tri-Valley Cities Coalition, which includes the Cities of Dublin, Livermore,
Pleasanton, San Ramon, and the Town of Danville, we write to express some concerns and share
some comments on your bill, Senate Bill 932.
The bill’s addition of a cause of action in high injury areas causes serious concern and is a
troubling policy stance. It would create needless liability exposure for cities in Alameda, Contra
Costa, and other counties without considering underlying facts. It would also create new
arguments that are likely to erode design immunity and other competing policies, and disregards
other factors that contribute to collisions. If the bill passes as written, Cities would need to
determine which areas qualify as “high injury areas” and then plan for increased litigation.
Additionally, we are troubled by the inclusion of “local fee disclaimer” language indicating that the
bill’s costs are not state-reimbursable because local agencies have general authority to charge
and adjust planning and permitting fees to cover their administrative expenses associated with
new planning mandates. The costs associated with the provisions in the bill could be significant
and increasing local fees to pay for such costs would be detrimental to local communities.
We thank you for your consideration of our concerns and comments.
Sincerely,
__________________ ____________________ ____________________
Town of Danville City of Dublin City of Livermore
Mayor Newell Arnerich Mayor Melissa Hernandez Mayor Bob Woerner
ATTACHMENT I
Tri-Valley Cities
DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON
CC: Senator Steve Glazer
Assemblymember Rebecca Bauer-Kahan
__________________________ __________________________
City of Pleasanton City of San Ramon
Mayor Karla Brown Mayor Dave Hudson
“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
(925) 314-3388 (925) 314-3330 (925) 314-3310 (925) 314-3320 (925) 314-3450 (925) 314-3700
June 2, 2022
The Honorable Laura Friedman
Member, California State Assembly
1021 O Street, Suite 8220
Sacramento, CA 95814
Re: AB 2237 (Friedman): Transportation planning: regional transportation
improvement plan: sustainable communities strategies: climate goals.
Notice of OPPOSITION
Dear Assembly Member Friedman,
The Town of Danville must respectfully oppose your measure AB 2237, which takes an
overly prescriptive approach that impacts regional and local flexibility to meet the
greenhouse gas (GHG) emission reduction targets expected under SB 375 (Steinberg, 2008).
We are concerned that AB 2237 is based on the conclusions of the California Transportation
Assessment Report (AB 285, 2019) which used limited data and excluded local project-level
data provided pursuant to SB 1 (Beall, 2017). Also, the report relies heavily on Federal
Transportation Improvement Program (FTIP) data sets, which exclude many local complete
streets and maintenance expenditures that are broadly consistent with state transportation
climate goals, as well as significant transit funding.
As a result, the report incorrectly concludes that a disproportionate amount of
transportation funds have been and continue to be spent on capacity-increasing highway
and road projects. The report lacks important granular data such as transit operating and
maintenance costs and local fix-it-first expenditures, which are not included in the FTIPs.
AB 2237 would also upend the existing framework for regional transportation planning in
the state’s metropolitan areas in favor of a new ranking process, which would prohibit any
project that increases vehicle miles traveled. Local governments are working collaboratively
to develop sustainable community strategies (SCS) to align regional transportation projects
with the state’s climate goals.
Parks and Recreation
(925) 314-3400ATTACHMENT J
June 2, 2022
Page 2
Our communities rely on a safe and strong transportation infrastructure network. AB 2237
would threaten many fix-it-first and safety enhancement projects that may reach the state’s
climate goals, but don’t reduce vehicle miles traveled.
For these reasons, the Town of Danville opposes AB 2237.
Sincerely,
_____________________________
NEWELL ARNERICH, MAYOR
cc: The Honorable Steven Glazer, George.Escutia@sen.ga.gov
The Honorable Rebecca Bauer-Kahan, John.Skoglund@asm.ca.gov
Sam Caygill East Bay Regional Public Affairs Manager, scaygill@cacities.org
League of California Cities, cityletters@calcities.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
(925) 314-3388 (925) 314-3330 (925) 314-3310 (925) 314-3320 (925) 314-3450 (925) 314-3700
June 2, 2022
The Honorable Laura Friedman
Member, California State Assembly
1021 O Street, Suite 6310
Sacramento, CA 95814
Re: Assembly Bill 2438 (Friedman): Local transportation funding: alignment with state
plans
As amended March 21, 2022 – OPPOSE UNLESS AMENDED
Referred to the Assembly Committee on Appropriations
Dear Assembly Member Friedman,
The Town of Danville has regrettably taken an oppose unless amended position on your
Assembly Bill 2438. This bill would retroactively impose new requirements on vitally
important funding that local governments receive pursuant to SB 1 (Beall, 2017) for local
street and road maintenance, as well as safety and active transportation projects. The bill
would also give the Administration unprecedented levels of control in setting priorities that
apply to a broad array of transportation funding programs, both competitive and formula
based.
The Town of Danville broadly supports the state’s efforts to promote multimodal
transportation opportunities as a means of achieving state environmental goals. In fact,
increasing funding for local streets and roads in the face of significant shortfalls for
maintaining existing roadways ($37.6 billion shortfall over the next decade) and their
essential complete streets components ($22.1 billion shortfall over the next decade) will be
vital, as local roadways, rather than state highways, are the primary right-of-way for transit,
as well as people walking or riding bikes. Unfortunately, AB 2438 shifts the authority for
prioritizing transportation investments too far away from local decision-making in favor of
the state-- especially the Administration. Moreover, the bill’s requirements for consistency
with various state plans and policies are unclear and could be at odds with statutory
purposes of some funding programs.
Local Road Maintenance and Rehabilitation Account Spending Already Aligned with
State Goals
Parks and Recreation
(925) 314-3400ATTACHMENT K
June 2, 2022
Page 2
AB 2438 appears to be based on the premise that flexible local transportation subventions
are being spent contrary to state priorities and additional state oversight is warranted.
SB 1 established unprecedented levels of project reporting from cities and counties as a
prerequisite for receiving Road Maintenance and Rehabilitation Account (RMRA) formula
funding. A review of the data submitted in these reports illustrates how local agencies are
focusing on system preservation, while also retrofitting local streets and roads to improve
safety and provide multimodal access for people walking and riding bikes.
During the first two and a half fiscal years when SB 1 RMRA funds were available, cities
and counties reported spending $1.5 billion to complete over 3,100 projects, with another
1,300 plus projects in progress. In addition to repairing 10,000 miles of local roads, local
governments also installed or improved 4,700 Americans with Disabilities Act curb ramps
and over 1,223 miles of bicycle lanes. These vital multi-modal projects were delivered
through maintenance programs, whereas prior to SB 1 they may have required limited,
competitive funding from the Active Transportation Program or federal funds. Given the
demonstrated local government focus on system preservation, safety, and promoting active
modes that directly support the state’s climate goals, we question the need for additional
state oversight of SB 1 local RMRA spending.
Climate Action Plan for Transportation Infrastructure (CAPTI) Explicitly Excluded Local
Formula Funds
The state’s Climate Action Plan for Transportation Infrastructure (CAPTI) was developed
to implement the Governor’s Climate Change Executive Order (N-19-19) and describes
CalSTA’s plans to invest discretionary state transportation funds to address climate change
and promote public health, safety, and equity. Although we believe local transportation
expenditures are aligned with CAPTI goals, especially its “foundation [on] the ‘fix -it-first’
approach established in SB 1,” we object to codifying a requirement that local and regional
transportation expenditures be consistent with a plan that has no specific statutory
authorization, and which has been characterized by the Administration as a “living
document.”
California Transportation Plan Consistency
We support AB 2438’s requirement that the California Transportation Plan (CTP) consider
actual funding available for implementation. This simple policy change will help facilitate
more meaningful comparisons between various state, regional, and local transportat ion
plans. It will also better illustrate the difficult tradeoffs between different transportation
priorities—for example, how do local governments address deferred maintenance and
preservation while also making costly capital improvements to facilitate walking and
June 2, 2022
Page 3
biking. While the state law governing the CTP (Government Code Section 65072.1(d))
already requires consideration of system preservation, adding a fiscal constraint to the
planning process should be a prerequisite to requiring consistency between the CTP and
specified local and regional plans and funding programs.
Consistency with Greenhouse Gas Reduction Goals
We are uncertain what the requirement for consistency with the state’s greenhouse gas
emissions reductions goals will mean in practice and whether this consistency requirement
will be applied on a programmatic basis or to each individual project. For many local road
projects, there are greater greenhouse gas emissions associated with the physical
construction of the roadway than its ongoing operations—once again providing a strong
rationale for a continued fix-it-first approach. We are uncertain, however, whether a fix-it-
first or safety improvement project that has a negligible impact on driving or greenhouse
gas emissions would be deemed consistent with greenhouse gas emissions reduction goals
pursuant to AB 2438 and how that determination would be made. The bill also seems to
depart from a program-level analysis of the impacts of transportation investments on
greenhouse gas emissions, in favor of reviewing individual projects or programs. We would
be concerned if a capacity-increasing project that is consistent with a regional plan that
reduces greenhouse gas emissions would be deemed inconsistent with state transportation
goals pursuant to AB 2438.
For these reasons, the Town of Danville has taken an oppose unless amended position on
AB 2438 based on our significant concerns with the current version of the bill.
Sincerely,
_____________________________
NEWELL ARNERICH, MAYOR
cc: The Honorable Chris Holden, Chair, Assembly Appropriations Committee
Honorable Members, Assembly Appropriations Committee
Jay Dickenson, Chief Consultant, Assembly Appropriations Committee
Joe Shinstock, Consultant, Assembly Republican Caucus
Sam Caygill East Bay Regional Public Affairs Manager, scaygill@cacities.org
Tri-Valley Cities
DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON
June 15, 2022
The Honorable Rebecca Bauer-Kahan
California State Assembly
1021 O Street, Suite 6320
Sacramento, CA 95814
RE: Assembly Bill 988 (Bauer-Kahan) Mental health: 988 crisis hotline
Tri-Valley Cities Coalition – Letter of Support
Dear Assemblymember Bauer-Kahan:
On behalf of the Tri-Valley Cities Coalition, which includes the Cities of Dublin, Livermore,
Pleasanton, San Ramon, and the Town of Danville, we write to express our support for your bill,
AB 988, which would enact the Miles Hall Lifeline and Suicide Prevention Act.
As you know, our State and National behavioral health crisis response system is lacking and in
disarray. Too often people suffering from mental illness go through a traumatizing and expensive
revolving-door as they shuttle between jails, emergency rooms, and the street. A comprehensive
crisis response system will increase access to appropriate care for those facing behavioral health
crises.
AB 988 would require the Office of Emergency Services to ensure, no later than July 16, 2022,
that designated 988 centers utilize technology that allows for transfers between 988 centers as
well as between 988 centers and 911 public safety answering points. Additionally, 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.
There are efforts in Contra Costa and Alameda Counties on ways to improve social service crisis
response for those suffering from mental health challenges and their families. A dedicated phone
line for mental health emergencies is a critical factor to being successful in treating these
emergencies. Along with the services such as mobile crisis teams, access to the appropriate
mental health resources during times of need is an enormous benefit to our respective local
communities, the region, and the State. This bill is a tremendous step towards meeting the
behavioral health needs of Californians.
Thank you for your commitment to championing this critical bill, and we are pleased to support
AB 988.
Sincerely,
__________________ ____________________ ____________________
Town of Danville City of Dublin City of Livermore
Mayor Newell Arnerich Mayor Melissa Hernandez Mayor Bob Woerner
ATTACHMENT L
Tri-Valley Cities
DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON
CC: Senator Steven Glazer
__________________________ __________________________
City of Pleasanton City of San Ramon
Mayor Karla Brown Mayor Dave Hudson
Tri-Valley Cities
DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON
June 15, 2022
The Honorable Anna Caballero
California State Senate
1021 O Street, Suite 7620
Sacramento, CA 95814
RE: Senate Bill 490 (Caballero) Community Anti-Displacement and Preservation
Program: technical assistance
Tri-Valley Cities Coalition – Letter of Support
Dear Senator Caballero:
On behalf of the Tri-Valley Cities Coalition, which includes the Cities of Dublin, Livermore,
Pleasanton, San Ramon, and the Town of Danville, we write to express our support for your bill,
SB 490.
The overwhelming majority of low-income Californians live in unsubsidized rental housing. Over
the last several decades, the supply of this housing at rents that are affordable to low-income
households has sharply declined, forcing residents out of their neighborhoods in order to find
affordable housing. It has been demonstrated that acquiring this housing, removing it from the
speculative market, and preserving it as affordable, communities are able to keep vulnerable
residents housed, reduce displacement, and grow the supply of deed-restricted affordable
housing.
This bill would, upon appropriation by the Legislature, establish the Community Anti-
Displacement and Preservation Technical Assistance Program, with the purpose of providing
technical assistance to qualified entities engaged in acquisition-rehabilitation projects. Qualified
entities would include an eligible nonprofit corporation, community land trust, public housing
authority, a nonprofit, limited-equity, or workforce housing cooperative, a resident association or
organization, and a local or regional government agency administering an acquisition-
rehabilitation project funding program.
As part of our legislative framework which provides guiding principles as to how our coalition
advocates, we seek to support, promote and protect affordability in the region’s housing stock.
This bill aligns with this key principle and as such, we are pleased to support SB 490.
Sincerely,
__________________ ____________________ ____________________
Town of Danville City of Dublin City of Livermore
Mayor Newell Arnerich Mayor Melissa Hernandez Mayor Bob Woerner
ATTACHMENT M
Tri-Valley Cities
DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON
CC: Assembly Member Rebecca Bauer-Kahan
Senator Steven Glazer
__________________________ __________________________
City of Pleasanton City of San Ramon
Mayor Karla Brown Mayor Dave Hudson
Tri-Valley Cities
DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON
June 15, 2022
The Honorable Mike McGuire
California State Senate
1021 O Street, Suite 8620
Sacramento, CA 95814
RE: Senate Bill 1229 (McGuire) Mental Health Workforce Grant Program
Tri-Valley Cities Coalition – Letter of Support
Dear Senator McGuire:
On behalf of the Tri-Valley Cities Coalition, which includes the Cities of Dublin, Livermore,
Pleasanton, San Ramon, and the Town of Danville, we write to express our support for your bill,
SB 1229, to create the Mental Health Workforce Grant Program in California.
California is experiencing a shortage of licensed behavioral health professionals, and the shortage
is expected to grow over the next decade. The key to addressing our behavioral health crisis is
recruiting and retaining more professionals in the field, so that they can help people take
preventative measures to reduce the chance of significant behavioral health issues or episodes
in that population.
Upon appropriation by the Legislature, this bill would require the California Student Aid
Commission to administer the Mental Health Workforce Grant Program to increase the number
of mental health professionals serving children and youth. In awarding up to 10,000 grants of up
to $25,000 to qualified applicants who will then work with eligible California-based non-profits or
local educational agencies, this bill can tangibly help address one of California’s greatest crises.
We thank you for your work on this critical bill, and we are pleased to support SB 1229.
Sincerely,
CC: Assembly Member Rebecca Bauer-Kahan
Senator Steven Glazer
__________________ ____________________ ____________________
Town of Danville City of Dublin City of Livermore
Mayor Newell Arnerich Mayor Melissa Hernandez Mayor Bob Woerner
__________________________ __________________________
City of Pleasanton City of San Ramon
Mayor Karla Brown Mayor Dave Hudson
ATTACHMENT N
1111 E. Stanley Boulevard | Livermore, CA 94550 (mailing address)
5555 W. Las Positas Boulevard | Pleasanton, CA 94588
Date: June 17, 2022
Dear Colleague,
Thank you for your support of the Stanford Health Care – ValleyCare (SHC – VC) application to bring a
Level II Trauma Center to our Tri-Valley community. Because you have been such a strong supporter of
this initiative, I want you to know that we have been notified by Alameda County Health Services Agency
that they have decided to follow the consultants’ recommendation and designate Washington Hospital
Healthcare System as a Level II adult trauma center in the next five years. They will consider adding
Stanford Health Care – ValleyCare in the next ten to twenty years. A formal statement from the agency is
being issued to publicly announce their decision.
This is clearly not the outcome that we desired, and while we were certainly supportive of the process
used to evaluate the county’s trauma system at large, we still feel strongly that key parts of our service
area were not included in the assessment of our projected trauma volumes. As a result, the consultant
came to the determination that the overall size of the population in our region does not justify the
addition of a new center. With all of that said, the County and their consultants were very complimentary
of, and expressed their high confidence in, the clinical capabilities provided here in our region at Stanford
Health Care – ValleyCare.
We are so grateful for the overwhelming show of support by members of our surrounding communities,
for the time and energy that you have dedicated to sending letters, making phone calls, and otherwise
showing your support for this project. You have inspired us every step of the way. We want you to know
that Stanford Health Care – ValleyCare will continue to expand and bring new complex and critical
services to the region, and we will continue to progress toward readiness for a trauma center according to
our 5-year strategic plan. We remain firmly committed to providing the highest-level quality of care to
best meet the needs of our community every day.
Thank you for your continued support in helping us to care for the communities that we serve. If you have
any questions, please don’t hesitate to reach out to me directly (rshumway@stanfordhealthcare.org or
my cell number – 801-970-2990).
Best Regards,
Rick Shumway
President & CEO, Stanford Health Care - ValleyCare
ATTACHMENT O