HomeMy WebLinkAbout082322 - 3.1LEGISLATIVE COMMITTEE MEMORANDUM 3.1
TO: Mayor and Town Council August 23, 2022
SUBJECT: August Legislative Report
BACKGROUND
The Legislature reconvened from summer recess on August 1. August marks the final
month of the 2022 Legislative session. Appropriations committees had until August 15 to
pass bills that have a fiscal impact on the state. Floor hearings are held in their respective
houses from August 15 to August 31, the last day for legislators to pass bills for the
Governor’s signature. Governor Newsom will have until September 30 to sign or veto
any bill. Bills signed/approved by the Governor are chaptered into law by the California
Secretary of State and take effect on January 1, 2023.
DISCUSSION
The Town’s Legislative Committee follows legislation that is identified as a priority by
the Danville Town Council based upon the Town’s legislative framework, and the Tri-
Valley Cities coalition.
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.
The Town advocated on the following bills identified as impacting Danville.
AB 2438 (Friedman) Transportation funding: guidelines and plans.
This bill requires various state transportation programs to incorporate strategies from the
Climate Action Plan for Transportation Infrastructure (CAPTI) into program guidelines.
Also requires various state agencies to establish new transparency and accountability
guidelines for certain transportation funding programs, as specified. Vote Status: Senator
Glazer: N/A; Assemblymember Rebecca Bauer-Kahan: Yes (Transportation)
Position: Oppose
August Legislative Update 2 August 23, 2022
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 18 feet on units detached and on a lot within ½ mile
walking distance of a major transit stop or a high-quality transit corridor, or on a lot with
existing multifamily, multi-story dwelling. The 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 attached to a primary dwelling. This bill continues to move
forward in the Assembly. Vote Status: Senator Glazer: No; Assemblymember Rebecca Bauer-
Kahan: N/A (Housing)
Position: Oppose
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. Vote Status: Senator Glazer: N/A;
Assemblymember Rebecca Bauer-Kahan: Yes (Mental Health)
TVC position: Support
AB 1737: (Holden) Children’s Camps: registration and inspections
This bill would require the State Department of Social Services to provide a report to the
Legislature that includes information regarding topics related to the health and safety of
children attending children’s camps and recommendation for developing and issuing
requirements for regulatory oversight of children’s camps. This bill continues to move
forward in the Senate. Vote Status: Senator Glazer: N/A; Assemblymember Rebecca Bauer-
Kahan: Yes (Fiscal Sustainability)
TVC position: Neutral
AB 2011: (Wicks) Affordable Housing and High Roads Jobs Act of 2022
This bill would authorize a development proponent to submit an application for a
housing development that meets specified objective standards and affordability and site
criteria, including being located within a zone where office, retail, or parking are a
principally permitted use, and would make the development a use by right and subject
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. Vote Status: Senator Glazer: N/A;
Assemblymember Rebecca Bauer-Kahan: Yes (Affordable Housing)
TVC position: Oppose with Comments
August Legislative Update 3 August 23, 2022
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 and state board, to undertake and complete a study of the potential
for drought-resilient water supplies to meet the current and future water demands in the
San Francisco Bay Area. This bill was held under submission and is now marked inactive
for the remainder of the legislative session. Vote Status: Senator Glazer: N/A;
Assemblymember Rebecca Bauer-Kahan: Yes (Climate/Environmental)
TVC position: Support
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. Vote Status: Senator Glazer: N/A; Assemblymember Rebecca Bauer-Kahan: Yes
(Climate/Environment)
TVC position: Support
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. This was amended
to also require State-HCS to undertake at least 2 studies of the outcomes of the bill
provisions including the number of projects built and the number of units built. This bill
continues to move forward in the Assembly. Vote Status: Senator Glazer: NVR;
Assemblymember Rebecca Bauer-Kahan: N/A (Housing)
TVC Position: Oppose
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 to assist local
jurisdictions in complying with the short-lived pollutant strategy regulations, and other
additional regulations adopted by the department. This bill continues to move forward
in the Assembly. Vote Status: Senator Glazer: Yes; Assemblymember Rebecca Bauer-Kahan:
N/A (Climate/Environment)
TVC position: Support
SB 490: (Caballero) Community Anti-Displacement and Preservation Program:
technical assistance
This bill would create a program to support qualified entities, including local
governments, in navigating the requirements and process to acquire and preserve
unsubsidized housing units and attached long-term affordability restrictions on the
August Legislative Update 4 August 23, 2022
housing units. This bill continues to move forward in the Assembly. Vote Status: Senator
Glazer: Yes; Assemblymember Rebecca Bauer-Kahan: N/A (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 has
passed both houses and has been ordered to the Governor’s desk. Vote Status: Senator
Glazer: Yes; Assemblymember Rebecca Bauer-Kahan: Yes (Climate/Environment)
TVC position: Support
SB 932: (Portantino) General plans: circulation element: bicycle and pedestrian plans
and traffic calming plans.
This bill would require a city or county, upon any substantive revision of the circulation
element, to incorporate the principles of the Federal Highway Administration’s Safe
System Approach, to develop and incorporate bicycle plans, pedestrian plans, and traffic
calming plans in the circulation element, and sets a goal for completion of all identified
implementation actions within 25 years of the date of adoption of the modified circulation
element. This bill continues to move forward in the Assembly. Vote Status: Senator Glazer:
NVR; Assemblymember Rebecca Bauer-Kahan: Yes (Transportation)
TVC Position: Oppose
The next Tri-Valley Cities Mayors meeting is scheduled for September 12, 2022.
Conclusion
It is recommended that the Town Council Legislative Sub-Committee accept this report
and direct any questions and/or direction to Town legislative staff.
Prepared by:
Cat Bravo
Administrative Analyst
Reviewed by:
Diane J. Friedmann
Deputy Town Manager
August Legislative Update 5 August 23, 2022
Attachment A – Bill Summary and Analysis Packet
Attachment B – TVC Letter of Support for AB 988
Attachment C – 2023 Legislative Committee Meeting Dates
SENATE RULES COMMITTEE
Office of Senate Floor Analyses
(916) 651-1520 Fax: (916) 327-4478
AB 2438
THIRD READING
Bill No: AB 2438
Author: Friedman (D)
Amended: 8/11/22 in Senate
Vote: 21
SENATE TRANSPORTATION COMMITTEE: 9-4, 6/28/22
AYES: Allen, Archuleta, Becker, Dodd, Limón, McGuire, Min, Skinner,
Wieckowski
NOES: Bates, Dahle, Melendez, Wilk
NO VOTE RECORDED: Newman, Cortese, Hertzberg, Rubio
SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/11/22
AYES: Portantino, Bradford, Laird, McGuire, Wieckowski
NOES: Bates, Jones
ASSEMBLY FLOOR: 41-23, 5/25/22 - See last page for vote
SUBJECT: Transportation funding: guidelines and plans
SOURCE: Author
DIGEST: This bill requires various state transportation programs to incorporate
strategies from the Climate Action Plan for Transportation Infrastructure (CAPTI)
into program guidelines. Also requires various state agencies to establish ne w
transparency and accountability guidelines for certain transportation funding
programs, as specified.
ANALYSIS:
Existing law:
1)Vests the California Department of Transportation (Caltrans) with the full
possession and control of all state highways and all property and rights in
property acquired for state highway purposes.
ATTACHMENT A
AB 2438
Page 2
2) Creates the California State Transportation Agency (CalSTA) and vests it
various responsibilities including, but not limited to, the implementation and
programming of the Transit and Intercity Rail Capital (TIRCP) program, which
is a competitive program to fund transformative transit capital improvements
that will modernize California’s intercity, commuter, and urban rail systems an d
bus and ferry transit systems; and the State Rail Assistance (SRA) programs,
which allocates revenue annually, on a formula basis, to intercity rail and
commuter rail for capital and operations.
3) Creates the California Transportation Commission (CTC) and vests it with
various responsibilities, including programming and allocating funds for the
construction of highway, passenger rail, transit, and active transportation
improvements through various transportation programs.
4) Requires Caltrans to prepare a State Highway System Management Plan
(SHSMP) that consists of both a 10-year state highway rehabilitation plan and a
5-year maintenance plan. Requires Caltrans to submit the draft plan to the CTC
for review and comment by February 15 of each odd-numbered year, and to
transmit the final plan to the Governor and the Legislature by June 1 of each
odd-numbered year.
5) Requires Caltrans to develop the State Highway Operations and Protection
Program (SHOPP) based on the Transportation Asset Management Plan, to
guide expenditures of federal and state funds for major capital improvements to
preserve and maintain the state highway system. Limits SHOPP projects to
capital improvements relative to maintenance, safety, and rehabilitation of state
highways and bridges that do not add a new lane to the system.
6) Enacts the Road Repair and Accountability Act of 2017, SB 1 (Beall), Chapter
5, Statutes of 2017, which provides roughly $5.2 billion annually to fund the
state’s highways, local streets and roads, public transportation, and active
transportation programs. SB 1 created new transportation competitive
programs, to be allocated by the CTC, including: (a) Local Partnership Program
(LPP), funded at $200 million annually, for local or regional transportation
agencies that have sought and received voter approval of taxes or that have
imposed certain fees, for which those taxes or fees are dedicated solely to
transportation improvements. (b) Trade Corridor Enhancement Program
(TCEP), funded at $300 million annually, for infrastructure improvements on
federally designated Trade Corridors of National and Regional Significance, on
the Primary Freight Network, and along other corridors that have a high volume
AB 2438
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of freight movement. (c) Solutions for Congested Corridors (SCCP), funded at
$250 million annually, for projects that implement specific transportation
performance improvements and are part of a comprehensive corridor plan, by
providing more transportation choices while preserving the character of local
communities and creating opportunities for neighborhood enhancement.
7) Provides for the funding of projects for state highway improvements, intercity
rail, and regional highway and transit improvements, through the State
Transportation Improvement Program (STIP), which consists of two broad sub-
programs: the Regional Transportation Improvement Program (RTIP) and the
Interregional Transportation Improvement Program (ITIP).
8) Requires Caltrans to produce, and update every five years, the California
Transportation Plan (CTP), a long-range transportation planning document
intended to integrate state and regional transportation planning while
considering specified pertinent subject areas. Requires, Caltrans to update the
CTP, as specified, and requires the Strategic Growth Council (SGC), by
January 31, 2022, to submit a report to the Legislature on interactions of the
CTP and SCS/APS plans, and a review of the potential impacts and
opportunities for coordination between specified programs.
9) Establishes the California Air Resources Board (ARB) as the air pollution
control agency in California and requires ARB, among other things, to control
emissions from a wide array of mobile sources and coordinate, encourage, and
review the efforts of all levels of government as they affect air quality.
Requires ARB to determine the 1990 statewide greenhouse gas (GHG)
emissions level, and achieve that same level by 2020 (AB 32), and achieve a
40% reduction from that level by 2030 (SB 32).
This bill:
CalSTA
1) Requires CalSTA to, no later than January 1, 2024, to establish guidelines to
ensure transparency and accountability, including the project selection
processes, for the TIRCP and SRA programs.
2) Requires the guidelines to do all of the following: (a) ensure project application
summaries is publicly available for public review before a decision to award
funds; (b) ensure the project selection process incorporates strategies
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established in the CAPTI, adopted by CalSTA in July 2021 that are applicable
to the program; (c) require that a recommendation for a project to be funded be
released in an accessible format before a decision to award funds; and (d)
include any other best practices identified through public input solicited, as
specified.
3) Requires CalSTA to hold public workshops to solicit public input prior to
developing the guidelines to ensure that they will provide the public with the
information necessary for meaningful participation in CalSTA’s actions to
award funds for the transportation funding programs that it administers.
4) Stipulates that this shall not supersede any conflicting provision of an existing
guideline process or existing maintenance and rehabilitation requirements.
Caltrans
5) Requires Caltrans to, no later than January 1, 2024, to establish guidelines to
ensure transparency and accountability, including the project selection
processes, for the ITIP and the SHOPP.
6) Requires the guidelines to do all of the following: (a) ensure project
nomination information are publicly available for public review before a
decision to award funds; (b) ensure the project selection process incorporates
strategies established in the CAPTI, adopted by CalSTA in July 2021 , that are
applicable to the programs; (c) require that a recommendation for a project to be
funded be released in an accessible format at least 20 days before a decision to
award funds; and include any other best practices identified through public
input solicited, as specified.
7) Requires Caltrans to hold public workshops to solicit public input prior to
developing the guidelines to ensure that they will provide the public with the
information necessary for meaningful participation in Caltrans’ actions to award
funds for the transportation funding programs that it administers.
8) Stipulates that this shall not supersede any conflicting provision of an existing
guideline process or existing maintenance and rehabilitation requirements.
AB 2438
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CTC
7) Requires CTC to, no later than January 1, 2024, to establish guidelines to
ensure transparency and accountability, including the project selection
processes, for LPP, TCEP, and SCCP.
8) Requires the guidelines to do all of the following: (a) ensure project
nomination information is publicly available for public review before a decision
to award funds; (b) ensure the project selection process incorporates strategies
established in the CAPTI, adopted by CalSTA in July 2021 that are applicable
to the program; (c) require that a recommendation for a project to be funded be
released in an accessible format at least 20 days before a decision to award
funds; and (d) include any other best practices identified through public input
solicited, as specified.
9) Requires CTC to hold public workshops to solicit public input prior to
developing the guidelines to ensure that they will provide the public with the
information necessary for meaningful participation in CTC’s actions to award
funds for the transportation funding programs that it administers.
10) Stipulates that this shall not supersede any conflicting provision of an existing
guideline process or existing maintenance and rehabilitation requirements.
Transportation Programs
11) Requires, that no later than January 1, 2024, program guidelines include the
strategies established in CAPTI as adopted by CalSTA in July 2021, for the
following state transportation programs: ITIP, SHSMP, LPP (competitive
component), TCEP, and SCCP.
12) Clarifies that the comprehensive corridor plans required for projects to receive
funding from the SCCP be “multimodal” corridor plans.
CTP
13) Requires the CTP to include a financial element that contains: (a) a summary
of the full cost of the implementation of the plan; (b) a summary of available
revenues through the planning period; (c) an analysis of what is feasible within
the plan if constrained by a realistic projection of available revenues; and (d)
an evaluation of the feasibility of any policy assumptions or scenarios included
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in the plan. The financial element may also include a discussion of tradeoffs
within the plan considering financial constraints.
Comments
1) Purpose of the bill. According to the author, “AB 2438 requires the state’s
largest transportation funding sources to incorporate the administration’s
Climate Action Plan on Transportation Infrastructure (CAPTI) into the
guidelines process for project selection for transportation funding. The
strategies and principles of CAPTI are something we have been trying to
accomplish at the state and federal level in order to build a more connected
transportation infrastructure based on efficient land use, equity, and reducing
greenhouse gas emissions. We cannot ignore that a $30 billion sector of state
funding is directly tied to 40% of California's greenhouse gas emissions. It i s
time for California to reassess our transportation funding and planning system
to put people before the car.”
2) Transportation and climate change. California’s transportation network
consists of streets, highways, railways, bicycle routes, and pedestrian pathways.
Funding for the network comes from federal, state, and local taxes, fees and
assessments, private investments and tribal investments. Currently, roughly
$35 billion (federal, state, and local funds combined) is spent annually in
California on building and maintaining the transportation network.
Additionally, with the passage of the federal Infrastructure Investment and Jobs
Act (IIJA, P.L. 117-58), California is expected to receive approximately $40
billion over five years.
Emissions from the transportation sector, the state’s largest source of GHGs, are
still on the rise despite statewide GHG emission reduction efforts and
increasingly ambitious targets. According to ARB’s GHG emission inventory,
transportation sector emissions have grown to 41% of California’s total
emissions as of 2017. California has targeted a 22% reduction in vehicle miles
travelled (VMT) per capita below 2019 levels by 2045 as part of its larger
strategy to reduce GHG emissions.
3) What is CAPTI? On September 20, 2019, Governor Newsom issued Executive
Order (EO) N-19-19, which called for actions from multiple state agencies to
reduce GHG emissions and mitigate the impacts of climate change.
Specifically, the EO empowered CalSTA to leverage more than $5 billion in
annual state transportation spending for construction, operations, and
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maintenance to help reverse the trend of increased fuel consumption and reduce
GHG emissions associated with the transportation sector. The EO directed
CalSTA to work to align transportation spending with the state’s Climate
Change Scoping Plan, where feasible; direct investments to strategically
support smart growth to increase infill housing production; reduce congestion
through strategies that encourage a reduction in driving and inv est further in
walking, biking, and transit; and ensure that overall transportation costs for low-
income Californians do not increase as a result of these policies.
To that end, CalSTA adopted the CAPTI in July 2021. The CAPTI is the action
plan to implement the EO. Specifically, the CAPTI is “a framework and
statement of intent for aligning state transportation infrastructure investments
with state climate, health, and social equity goals, built on the foundation of the
‘fix-it-first’ approach established in SB1”. Additionally, CalSTA notes that
CAPTI is a living document that can “adapt, pivot, and modify approaches and
actions, as needed.” The CAPTI contains an overall transportation investment
framework and specific strategies to implement the plan through state agency
actions. In August 2021, the CTC endorsed CAPTI's framework and strategies
and began a process of incorporating it into program guidelines for the
programs they administer.
4) AB 285 report says we need to better align traditional fun ding programs with
state climate goals. AB 285 (Friedman, Chapter 605, Statutes of 2019),
required the SGC to develop a report to look at various aspects of state and
regional transportation planning and funding. The California Transportation
Assessment Report was developed through work of the University of California
Institute for Transportation Studies (UCITS). The report includes findings and
provides recommendations to help the state align transportation funding with
state climate goals. Specifically, the report suggest this could be done through,
“the reviewing and prioritizing various state goals within transportation funding
program guidelines or statute. For example, the statute that governs State
Highway Operation and Protection Program (SHOPP) and State Transportation
Improvement Program (STIP) funding has its goals based on rehabilitation and
maintenance, safety, operations, and expansion, but no reference to climate or
equity. This revisiting of goals could also involve ensuring that additional
funds or future funds (including federal infrastructure funds) are spent in ways
that align with priority goals.”
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The AB 285 process is still ongoing as SGC is in final stages of meeting with
stakeholders to discuss the findings of the report and ulti mately produce
recommendations for the administration and lawmakers to fully consider.
5) SB 1 and “fix it first.” In 2017, the Legislature passed and Governor Brown
signed into law, SB 1 (Beall, Chapter 5, Statutes of 2017), which provides
roughly $5.2 billion annually for highways, local streets and roads, public
transit, and bicycle and pedestrian facilities. SB1’s guiding principle was “fix it
first,” or focusing the state’s transportation spending to maintain a state of good
repair of the existing system. Specifically, SB 1 included performance
outcomes for Caltrans to meet for the state highway system by 2027, through
investments in the SHOPP and maintenance programs. SB 1 also created new
competitive programs to focus on key areas, including 1) TCEP, funded at $300
million annually, for infrastructure improvements on federally designated Trade
Corridors of National and Regional Significance, on the Primary Freight
Network, and along other corridors that have a high volume of freight
movement; 2) SCCP, funded at $250 million annually, for projects that
implement specific transportation performance improvements and are part of a
comprehensive corridor plan, by providing more transportation choices while
preserving the character of local communities and creating opportunities for
neighborhood enhancement; and 3) LPP, funded at $200 million annually, for
local or regional transportation agencies that have sought and received voter
approval of taxes or that have imposed certain fees, for which those taxes or
fees are dedicated solely to transportation improvements.
The state’s climate goals are already reflected in some of the SB 1 programs
criteria, especially the SCCP, which includes “furtherance of state and federal
ambient air standards and GHG emissions reduction standards,” as scoring
criteria for project awards. Additionally, both the TCEP and SCCP require that
nominated projects must be included in a regional transportation plan, including
a sustainable communities strategy if in an MPO area.
6) AB 2438 codifies the CAPTI. One of the recommendations of the AB 285
report is to “align existing funding programs with state goals.” AB 2438 tries to
implement this goal by requiring numerous state funding programs, including
the ITIP, which is 25% of the STIP; the SHSMP, which informs the
development of the SHOPP; and the SB 1 competitive programs, LPP, TCEP,
and SCCP, to incorporate strategies established by the CAPTI.
AB 2438
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As mentioned, the CAPTI details specific strategies relevant to various state
transportation programs. For example, the CAPTI recommends Caltrans,
“update the 2023 SHSMP’s SHOPP and maintenance investment strategies and
performance outcomes to align with CAPTI investment framework. The update
will include the following approaches or considerations, at a minimum: active
transportation, climate resiliency, nature-based solutions, greenhouse gas
emission reduction, and climate smart decision-making.”
Further, for TCEP, the CAPTI recommends, “pursue updated TCEP Guidelines
to prioritize projects that improve trade corridors by demonstrating a significant
benefit to improving the movement of freight and also reduce emissions by
creating or improving zero-emission vehicle charging or fueling infrastructure
either within the project itself or within the larger trade corridor.”
Additionally, some of the CAPTI strategies are cross cutting, such as, updating
SHOPP and SB 1 competitive program guidelines to incentivize climate
adaptation and climate risk assessments/strategies. Specifically, “C alSTA and
CTC will evaluate OPR/Caltrans Climate Risk Assessment Planning and
Implementation Guidance and pursue inclusion in SHOPP, TIRCP, and SB 1
Competitive Program Guidelines.”
As previous noted, the CalSTA describes the CAPTI a living document that can
“adapt, pivot, and modify approaches and actions, as needed.” It is unclear how
codifying the specific 2021 version of the CAPTI may affect the agency’s
ability to update and modify the plan and how that would be incorporated into
these programs.
7) The work has already begun. Much of the work required by AB 2438 has
already begun or been adopted. As noted, in August 2021, the CTC endorsed
CAPTI's framework and strategies. As such, it has already begun to incorporate
CAPTI into the update for the guidelines of the SB 1 competitive programs.
For example, the guidelines now state that the CTC encourages projects that
align with the state’s climate goals. As part of the evaluation criteria for LPP,
CTC will give higher priority to projects that, amon g other things, “address how
a proposed project will reduce GHG emissions and criteria pollutants and
advance the state’s air quality and climate goals; and how a proposed project
will minimize VMT while maximizing person throughput.” For TCEP, CTC is
requiring each project applicant to, “communicate a project’s benefits related to
advancing climate change resilience, by identifying both the climate change
impacts that are occurring or anticipated, and the adaptive strategies.”
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TCEP will also be informed by the Clean Freight Corridor Efficiency
Assessment required by SB 671 (Gonzalez, Chapter 769, Statues of 2021),
which is now being developed by the CTC. The assessment will identify
freight corridors and the infrastructure needed to support the deploymen t of
zero-emission medium and heavy-duty vehicles. CTC, and other relevant state
agencies, are required to then incorporate the recommendations into their
respective programs for freight infrastructure.
The CTC gave an update on its incorporation of CAPTI into the SB1 program
guidelines at their upcoming meeting on June 29, 2022. Of the three programs
named in the bill, SCCP, LPP, and TCEP, CTC reports they have incorporated
11 recommended short-term implementation strategies, with working beginning
on the medium-term strategies. Additionally, at its March 2022 CTC meeting,
changes to the SHOPP guidelines were presented, which include a requirement
that, "Caltrans shall take Climate Action Plan for Transportation Infrastructure
(CAPTI) strategies as well as the Caltrans Equity Statement into consideration
in the development and implementation of the State Highway System
Management Plan.”
8) Increased transparency. AB 2438 also includes provisions aimed at increasing
transparency and accountability. Specifically, the bill requires CalSTA,
Caltrans, and CTC to establish guidelines to ensure transparency and
accountability for the programs named in the bill. The bill requires that prior to
the guidelines being developed each of the departments must hold publ ic
workshops to solicit public input to ensure the guidelines will provide the pubic
with the information necessary for meaningful participation in the department’s
actions to award transportation funding.
The CTC already conducts extensive year-long stakeholder outreach, including
numerous workshops, as part of the guidelines process for all of the programs
they administer. Additionally, they publish staff recommendations of awards
prior to adoption by the commissioners in a public meeting. The SHOPP
statute requires Caltrans to provide a draft SHOPP program to regional
transportation agencies and the CTC, and requires the CTC to hold at least one
hearing in northern California and one hearing in southern California regarding
the proposed program. Finally, the SHOPP is adopted at a public CTC meeting.
To recognize this work, the bill states that the requirements shall not supersede
any conflicting provision of existing guideline processes or existing
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maintenance and rehabilitation requirements. It is unclear how this will be
interpreted by the implementing departments.
9) Fiscally constrain the CTP. Approved in February of 2021, the latest update of
the California Transportation Plan, CTP 2050, is the state’s statutorily fiscally
unconstrained long-range transportation roadmap for policy change. CTP 2050
is designed to provide a unifying and foundational policy framework for
making effective, transparent, and transformational transportation decisions in
California and identify a timeline, roles, and responsibilities for each plan
recommendation. The CTP does not contain specific projects, but rather
policies and strategies to close the gap between what regional plans aim to
achieve and how much more is required to meet 2050 goals. The CTP is seen
as an aspirational document and is difficult to evaluate when compared to
regional plans are required to provide an assessment of expected future funding
to implement the plan. One of the recommendations of the AB 285 report that
is universally supported by stakeholders is “updating and better aligning among
existing state and regional plans,” including adding a fiscal analysis to the CTP.
AB 2438 requires the CTP to include a financial element that summarizes the
full cost of plan implementation constrained by a realistic projection of
available revenues. Additionally, the financial element may include a discussion
of tradeoffs with the plan considering financial constraints.
10) Climate goals vs. Fix it First. According to the author, AB 2438 is attempting
to implement the recommendations of both CAPTI and the AB 285 report.
Adding CAPTI goals to existing transportation funding programs may set up a
difficult debate about state priorities for funding transportation. As noted in
the AB 285 report, some transportation funding programs are considered
“older programs” that prioritized rehabilitation and main tenance, safety,
operations, and expansion, however, most of the programs covered by the bill
were created and updated in the last few years. These programs, specifically
those created by SB 1, were debated by the Legislature with a full
understanding of the state’s climate goals at that time, which is why some of
these contain climate criteria. As discussed, Governor Newsom, through
executive actions, has amplified the state’s commitment to combat climate
change. Even with the infusion of new federal money and historic state
investment in transportation, the SHSMP shows us that there is still a great
need. Pending legislation, SB 1121 (Gonzalez), calls for the CTC develop a
needs assessment, covering a 10 year horizon, of the cost to operate, maintain,
and provide for the future growth and resiliency of the state and local
AB 2438
Page 12
transportation system. The assessment, which includes a look at climate
change impacts to infrastructure, will help inform the conversation.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee:
Caltrans estimates ongoing costs of approximately $572,000 annually and 3.0
PY of staff for work associated with the development of a fiscally constrained
financial element as part of the California Transportation Plan (CTP) and
associated recommendations for funding allocations. In addition, Caltrans
estimates costs of $2 million on a permanent biennial basis for a consultant
contract to prepare the financial element with every update to the Plan. (State
Highway Account)
Minor and absorbable costs for Caltrans, the California Transportation Agency
(CalSTA), and the California Transportation Commission (CTC) to update their
respective specified transportation program guidelines. (State Highway
Account)
Unknown, potentially significant redirection of transportation funding, to the
extent incorporating CAPTI strategies directs allocations to projects and
facilities primarily focused on improving greenhouse gas emissions, public
health, and equity. This could lead to significant cost pressures to provide
additional funding for projects and facilities that would have otherwise received
funding under a “fix it first” model, absent the bill. (General Fund, various
special funds, federal funds, bond funds)
SUPPORT: (Verified 8/11/22)
350 Bay Area Action
Acterra: Action for a Healthy Planet
Active San Gabriel Valley
Acton & Agua Dulce Democratic Club
Alameda County Democratic Party
American Lung Association in California
Asian Pacific Islander Forward Movement
Ban Single Use Plastic
Bike Walk Alameda
California Alliance for Retired Americans
California Democratic Party
California Environmental Voters
AB 2438
Page 13
California Nurses for Environmental Health and Justice
California Walks
Center for Climate Change & Health
Center for Community Action & Environmental Justice
Central California Asthma Collaborative
Central Coast Alliance United for a Sustainable Economy
City of Alhambra
City of Imperial Beach
City of La Mesa
City of South Pasadena
Climate Action Campaign
Climateplan
Coalition for Clean Air
Communities Actively Living Independent & Free
Day One
Endangered Habitats League
Environmental Health Coalition
Glendale Democratic Club
Ground Game LA
Leadership Counsel for Justice and Accountability
Mayor of Richmond Tom Butt
Mothers Out Front California
Move LA
Move La, a Project of Community Partners
NextGen California
No 710 Action Committee
NRDC
Pacific Environment
Pasadena Complete Streets Coalition
People Organized for Westside Renewal
Physicians for Social Responsibility - San Francisco Bay Area Chapter
Planning and Conservation League
Policylink
Progressive Caucus of the California Democratic Party
Public Health Advisory Council, Climate Actions Campaign
Public Health Institute
Regional Asthma Management and Prevention
Safe Routes to School National Partnership
San Diego County Bicycle Coalition
San Diego Pediatricians for Clean Air
AB 2438
Page 14
Sandiego350
Spur
Streets for All
Streets for People Bay Area
Sustainable Claremont
The Climate Center
Throop Unitarian Universalist Church, Pasadena
Transform
U.S. Rep. Nanette Diaz Barragán
Unite Here Local 30
Urban Environmentalists
Yimby Action
OPPOSITION: (Verified 8/11/22)
Auto Care Association
Building Owners and Managers Association of California
California Automotive Wholesalers' Association
California Building Industry Association
California Business Properties Association
California Business Roundtable
California Manufacturers & Technology Association
California Retailers Association
California State Council of Laborers
Chemical Industry Council of California
City of Corona
Contra Costa Transportation Authority
County of Riverside
Inland Empire Economic Partnership
Madera County Transportation Commission
Mobility 21
Mono County Local Transportation Commission
NAIOP of California, the Commercial Real Estate Development Association
Orange County Business Council
Orange County Transportation Authority
Riverside County Transportation Commission
San Bernardino Associated Governments
San Joaquin Valley Policy Council
San Luis Obispo Council of Governments
Santa Barbara County Association of Governments
AB 2438
Page 15
Self-Help Counties Coalition
Stanislaus Council of Governments
State Building & Construction Trades Council of California
Transportation Agency for Monterey County
Transportation Authority of Marin
Western Independent Refiners Association
ARGUMENTS IN SUPPORT: According to a coalition of clean air advocates,
such as the American Lung Association, “California is home to the most difficult
air pollution challenges in the United States, and climate change impacts our clean
air progress through more extreme heat, drought and wildfire smoke impacts. A
recent report from the Strategic Growth Council found that there remains
significant misalignment between State-funded transportation projects and our
climate standards. California’s ability to reach climate standards (and clean air
standards) is significantly impacted by continued investment in land use and
transportation projects that increase our dependence on vehicle travel. We must
focus transportation investments on projects and progra ms that increase affordable,
clean mobility choices for all communities that clean our air and reduce
greenhouse gases.
“AB 2438 would support transportation investments that align with California
climate standards by requiring state transportation funding guidelines to be updated
to align with the California Transportation Plan (CTP), the Climate Action Plan for
Transportation Infrastructure (CAPTI) and state clean air and climate standards.
The bill would also require relevant state agencies (CalSTA, Caltrans, CTC) to
include CAPTI strategies in funding program guidelines by January 1, 2024, and
ensure accountability and transparency measures for those programs and project
selection.”
ARGUMENTS IN OPPOSITION: According to the State Building and
Construction Trades Council, AFL-CIO, “AB 2438 subverts the fundamental
purpose for which all projects in the State Highway Operation and Protection
Program (SHOPP) were authorized. At the same time, it is not clear how these
maintenance, rehabilitation, and safety programs interfere with achievement of the
state’s climate goals. Even under a scenario where vehicles are zero -emission and
significant majorities of Californians shift from single occupancy vehicles to
biking, walking, and taking transit, Californians will still need highways, streets
and roads, and bridges in a safe and well-maintained condition. And the shift to
these alternative modes of transportation are still years away, necessitating ongoing
AB 2438
Page 16
maintenance of our existing infrastructure and creation of new roads, bridges, and
highways to handle the state’s current transportation needs.”
ASSEMBLY FLOOR: 41-23, 5/25/22
AYES: Arambula, Bauer-Kahan, Bennett, Bloom, Boerner Horvath, Mia Bonta,
Bryan, Calderon, Carrillo, Mike Fong, Friedman, Gabriel, Cristina Garcia,
Eduardo Garcia, Gipson, Haney, Holden, Irwin, Jones-Sawyer, Kalra, Lee, Low,
McCarty, Medina, Mullin, Muratsuchi, Nazarian, Quirk, Reyes, Luz Rivas,
Robert Rivas, Rodriguez, Santiago, Stone, Ting, Ward, Akilah Weber, Wicks,
Wilson, Wood, Rendon
NOES: Bigelow, Chen, Choi, Cunningham, Megan Dahle, Davies, Flora, Fong,
Gallagher, Gray, Kiley, Lackey, Levine, Mathis, Mayes, Nguyen, Patterson,
Salas, Seyarto, Smith, Valladares, Voepel, Waldron
NO VOTE RECORDED: Aguiar-Curry, Berman, Cervantes, Cooley, Cooper,
Daly, Grayson, Maienschein, O'Donnell, Petrie-Norris, Quirk-Silva, Ramos,
Blanca Rubio, Villapudua
Prepared by: Melissa White / TRANS. / (916) 651-4121
8/15/22 13:49:53
**** END ****
SB 897
Page 1
SENATE THIRD READING
SB 897 (Wieckowski)
As Amended August 1, 2022
Majority vote
SUMMARY
Makes numerous changes to the laws governing accessory dwelling units (ADUs) and junior
accessory dwelling units (JADUs), as specified.
Major Provisions
1) Increases the minimum ADU height limit that a local agency may impose, as follows:
a) For ADUs attached to a primary dwelling, increases the minimum height limit from 16
feet to the lower of 25 feet or the local agency's applicable height limit;
b) For a detached ADU within a half-mile walking distance of a major transit stop or a high-
quality transit corridor, increases the minimum height limit from 16 feet to 18 feet for a
detached ADU. Requires that a local agency must allow an additional two feet in height
to accommodate a roof pitch on an ADU that is aligned with the roof pitch of the primary
dwelling unit; and
c) For detached ADUs that do not meet the criteria in a), above, but are on a lot that has an
existing multifamily, multistory dwelling, increases the minimum height from 16 feet to
18 feet.
2) Requires that standards imposed on ADUs by local governments must be objective.
3) Specifies that the requirement for a permitting agency to act within 60 days on an ADU or
JADU application means that they must either approve or deny the application in that
timeframe.
4) Prohibits a local agency from requiring a zoning clearance or separate zoning review for
either an attached or detached ADUs that meets the objective criteria specified in state law.
5) Prohibits a local agency from denying a permit for a constructed, unpermitted ADU built
before January 1, 2018, for any of the following reasons:
a) The ADU is in violation of building standards, but correction of the violation is not
necessary to protect the health and safety of the public or occupants of the structure; and
b) The ADU does not comply with state or local ADU law.
6) Provides that JADUs can be built within attached garages.
7) Provides that the construction of an ADU on a property does not trigger a requirement for
fire sprinklers to be installed in the proposed or existing primary dwelling.
8) Provides that a local agency cannot require, as a condition for ministerial approval of a
permit application for the creation of an ADU or a JADU, the correction of a violation on the
SB 897
Page 2
primary dwelling unit, provided that correcting the violation is not necessary to protect health
and safety.
9) Moves into the currently operative version of Government Code Section 658582.2 the ability
for local agencies to impose owner-occupancy standards after January 1, 2025. Enables the
elimination of the version of Government Code Section 65852.2 that would have become
operative as of January 1, 2025.
COMMENTS
Second Units as a Solution to California's Housing Crisis: In California, most of the land
suitable for housing has already been developed. The remaining developable areas are typically
far from job centers, in high-risk wildfire areas, and/or land that is environmentally sensitive or
important for agriculture. Therefore, addressing the housing crisis in an environmentally
responsible way will require an increase in density in already developed areas.
Increasing density can occur in multiple ways. In recent decades, this has often meant high-
density housing near major transit stops. However, such housing is both expensive to build, and
limited in geographic scope. Recently, there has been a national trend to allow for more "gentle
density," e.g., ADUs, duplexes, four-plexes, townhomes, and other moderately dense
developments that were common before the imposition of zoning. In recent years, the Legislature
has taken a more active role in facilitating such gentle density. In 2016 SB 1069 (Wieckowski)
and AB 2299 (Bloom) permitted accessory dwelling units (ADUs) by right on all residentially-
zoned parcels in the state. By permitting an ADU as a second unit on all single-family lots, these
laws effectively doubled their allowed density. Last year, SB 9 (Atkins) furthered this trend by
making duplexes by right on single-family zoned properties.
These state laws have transformed ADUs from being less than one percent of permitted new
construction before 2017 to now being approximately 10 percent, at over 9,600 completed units
in 2022.1 The number of ADUs is expected to continue growing as the ADU construction and
financing industry matures, which will help meet the market feasibility for ADUs that is
estimated to be approximately 1.8 million units in California.2
Additionally, because ADUs are typically smaller than the average home in a community, they
tend to be more affordable than other market-rate units, thereby better serving lower income
households. A survey of ADU owners in coastal markets found that over a third of the owners
were renting their ADUs at a rate affordable to lower income households.3 With thousands of
affordable ADUs being added every year, ADUs have already become an important part of the
state's stock of new affordable housing, with a growth potential that is not subject to the state's
funding allocations.
Challenges in Implementing ADU Law: It has been about five and a half years since the state
made ADUs and JADUs permitted by right. In that time, a substantial amount of knowledge and
1 Per HCDs "APR Dashboard", page 11: https://www.hcd.ca.gov/apr-data-dashboard-and-downloads
2 Monkonnen et al, 2020, One to Four: The Market Potential of Fourplexes in California's Single-Family
Neighborhoods, UCLA Working Paper Series: https://www.lewis.ucla.edu/research/market-potential-fourplexes/
3 Chapple et al, Implementing the Backyard Revolution: Perspectives of California 's ADU Owners, UC Berkeley
Center for Community Innovation, April 2021, Table 3: https://www.aducalifornia.org/wp-
content/uploads/2021/04/Implementing-the-Backyard-Revolution.pdf
SB 897
Page 3
expertise has been developed by invested parties, such as ADU developers, financiers, and
regulators such as local planning and permitting staff, special districts, utilities, and HCD. Not
surprisingly, these parties have been able to identify areas of the law that are impeding the
development of ADUs and JADUs, or where additional clarity could facilitate more timely
permitting of ADUs and JADUs.
This bill would make multiple changes to ADU and JADU law intended to address identified
issues and facilitate the development of more ADUs. These include expanding the space
available to build ADUs and JADUs and/or reducing their cost, including:
1) Raising, in certain circumstances, the minimum height limit that local governments may
impose on ADUs. This change would facilitate two-story ADUs in certain locations that are
amenable to that height, such as near transit, when the ADUs are part of a multi-story
multifamily project, or when the ADU is attached to the primary home;
2) Expanding where JADUs can be built to include garages that are attached to the primary
dwelling unit; and
3) Providing that the new ADU would not trigger building standard upgrades in the primary
dwelling.
Proposed changes also include efforts to make it easier to permit unpermitted ADUs that were
built before January 1, 2018. Specifically, this bill would prohibit local agencies from denying a
permit for such ADUs if:
4) The existing ADU is in violation of building standards, but correction of the violation is not
necessary to protect the health and safety of the public or occupants of the structure; or
5) The existing ADU does not comply with state or local ADU law.
Finally, proposed changes include clarifications to the approval process for ADUs and JADUs,
including that:
6) Standards imposed on ADUs by local governments must be objective;
7) A permitting agency should not just "act" on an application within 60 days, it must either
approve or deny the application;
8) A local agency cannot require a zoning clearance or separate zoning review for either
attached or detached ADUs if they meet the objective criteria specified in state law; and
9) A demolition permit for a detached garage that will be replaced with an ADU must be
reviewed and issued at the same time as the ADU application.
According to the Author
California was and continues to be in an ongoing housing crisis since I introduced my first ADU
bill in 2016. While California has seen a significant increase in the amount of ADU building
permit applications and ADU construction since that time, the lack of housing, and in particular
affordable housing, is one of the most significant drivers of institutional and generational poverty
cycles and will not be resolved until more housing can be developed. With localities across the
SB 897
Page 4
state facing large regional housing needs allocations ADUs and JADUs represent a key
instrument in our state's housing production.
Further eliminating some of the unnecessary barriers to ADU production is a cost-effective
approach that will allow homeowners to make better use of their property. ADU's can provide
additional rental availability in their communities and allow homeowners to create more
financial stability for themselves. Additionally, ADU's provide housing options for those
homeowners who want to age in place as well as providing flexible living space for their family,
friends, or caregivers. SB 897 builds upon successful ADU legislation that has already in our
state by addressing some of the remaining barriers to ADU construction and permitting, which
supports the development of housing that is more affordable by design."
Arguments in Support
Supporters of the bill are generally groups that support the production of housing, particularly
ADUs. They argue that the state continue to implement measures that make it easier to build
ADUs, since they are medium density housing that are often affordable by design. According to
the Bay Area Council (the bill's sponsor), "SB 897 will make it easier for homeowners to add
Accessory Dwelling Units (ADUs) to their properties by eliminating remaining barriers to ADU
construction."
Arguments in Opposition
Opponents of the bill argue that some of its provisions would remove local control in a manner
that would let ADUs unduly impact existing communities. According to the League of California
Cities, "we must be careful not to change the look and feel of an existing community which already
maintains specific height and design limitations."
FISCAL COMMENTS
According to the Assembly Committee on Appropriations:
1) The Department of Housing and Community Development (HCD) estimates minor and
absorbable costs.
2) Costs to local agencies of an unknown amount to update ADU and JADU ordinances to
conform to the bill's statutory changes. These costs are not reimbursable by the state because
affected local agencies have the authority to charge various permit, planning, and developer
fees to offset any increased costs associated with the provisions of this bill.
VOTES
SENATE FLOOR: 24-9-7
YES: Allen, Archuleta, Atkins, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman,
Gonzalez, Hueso, Hurtado, Kamlager, Laird, Leyva, Limón, Newman, Pan, Roth, Skinner, Stern,
Umberg, Wieckowski, Wiener
NO: Bates, Becker, Dahle, Glazer, Grove, Jones, Min, Nielsen, Wilk
ABS, ABST OR NV: Borgeas, Hertzberg, McGuire, Melendez, Ochoa Bogh, Portantino, Rubio
ASM HOUSING AND COMMUNITY DEVELOPMENT: 7-0-1
YES: Wicks, Carrillo, Gabriel, Kalra, Kiley, Quirk-Silva, Ward
ABS, ABST OR NV: Seyarto
SB 897
Page 5
ASM LOCAL GOVERNMENT: 5-3-0
YES: Aguiar-Curry, Bloom, Ramos, Luz Rivas, Santiago
NO: Lackey, Boerner Horvath, Voepel
ASM APPROPRIATIONS: 10-4-2
YES: Holden, Bryan, Calderon, Carrillo, Mike Fong, Gabriel, Levine, Quirk, Robert Rivas,
Wilson
NO: Bigelow, Megan Dahle, Davies, Fong
ABS, ABST OR NV: Eduardo Garcia, Akilah Weber
UPDATED
VERSION: August 1, 2022
CONSULTANT: Steve Wertheim / H. & C.D. / (916) 319-2085 FN: 0003307
SENATE RULES COMMITTEE
Office of Senate Floor Analyses
(916) 651-1520 Fax: (916) 327-4478
AB 988
THIRD READING
Bill No: AB 988
Author: Bauer-Kahan (D), Berman (D), Gipson (D), Quirk-Silva (D), Ramos
(D) and Ting (D), et al.
Amended: 6/16/22 in Senate
Vote: 27 - Urgency
SENATE GOVERNMENTAL ORG. COMMITTEE: 12-0, 6/28/22
AYES: Dodd, Nielsen, Allen, Archuleta, Becker, Bradford, Hueso, Jones,
Kamlager, Portantino, Rubio, Wilk
NO VOTE RECORDED: Borgeas, Glazer, Melendez
SENATE HEALTH COMMITTEE: 10-0, 6/29/22
AYES: Pan, Melendez, Eggman, Grove, Hurtado, Leyva, Limón, Roth, Rubio,
Wiener
NO VOTE RECORDED: Gonzalez
SENATE APPROPRIATIONS COMMITTEE: 5-0, 8/11/22
AYES: Portantino, Bradford, Jones, Laird, Wieckowski
NO VOTE RECORDED: Bates, McGuire
ASSEMBLY FLOOR NOT RELEVANT
SUBJECT: Mental health: 988 crisis hotline
SOURCE: Author
DIGEST: This bill establishes the Miles Hall Lifeline Act (Act) to establish a
988 Crisis Hotline Center for the purpose of connecting individuals experiencing a
mental health crisis with suicide prevention and mental health services, as
specified. Additionally, this bill establishes a 988 surcharge for the 2023 and 2024
calendar years at $0.08 per access line per month, and for years beginning January
1, 2025 at an amount based on a specified formula, but not greater than $0.30 per
access line per month. Furthermore, this bill requires the Office of Emergency
Services (OES) to ensure that designated 988 centers utilize technology that allows
AB 988
Page 2
for transfers between 988 centers as well as between 988 centers and 911 public
safety answering points. Finally, this bill requires the California Health and
Human Services Agency (CalHHS) to designate a 988 center to provide crisis
intervention services and crisis care coordination to individuals accessing 988.
ANALYSIS:
Existing law:
1) Establishes OES and makes OES responsible for addressing natural,
technological, or man-made disaster and emergencies, including responsibility
for activities necessary to prevent, respond to, recover from, and mitigate the
effects of emergencies and disasters to people and property.
2) Requires, under the Warren-911-Emergency Services Act, every local public
agency, as defined, to have an emergency communication system and requires
that digits “911” be the primary emergency telephone number within the
system.
3) Requires OES to develop a plan and timeline of target dates for the testing,
implementation, and operation of a Next Generation (NextGen 911) emergency
coordination system that includes a text to 911 service, throughout California.
4) Provides that OES is responsible for administration and oversight of the State
Emergency Telephone Number Account (SETNA) used to fund the 911 system
in California, and for the design and development of the statewide network that
supports delivery of 911 calls to the state’s 452 Public Safety Answering Points
(PSAPs).
5) Specifies provisions governing the operation and financing of community
mental health services for the mentally disordered in every county through
locally administered and locally controlled community mental health programs.
6) Provides that county mental health services should be organized to provide
immediate response to individuals in pre-crisis and crisis and to members of the
individual’s support system on a 24 hour, 7-day-per-week basis and authorizes
provisions of crisis services offsite as mobile services.
7) Designates, under the National Suicide Hotline Designation Act, the three -digit
telephone number “988” as the universal number within the United States for
AB 988
Page 3
the purpose of the national suicide prevention and mental health crisis hotline
system operating through the National Suicide Prevention Lifeline (NSPL)
maintained by the Assistant Secretary for Mental Health and Substance Abuse
and the Veterans Crisis Line maintained by the Secretary of Veterans Affairs.
8) Generally imposes, under the Emergency Telephone Users Surcharges Act, a
surcharge on each access line for each month or part thereof for which a service
user subscribes with a service supplier, at an amount no greater than $0.80,
based on OES’ estimate on the number of access lines to which the surcharge
will be applied per month for a calendar year period that it estimates, pursuant
to a specified formula, will produce sufficient revenue to fund the current fiscal
year’s 911 costs.
9) Imposes a surcharge on the purchase of prepaid mobile telephone services at a
time of each retail transaction, at a rate equal to the monthly surcharge amount
per access line, to be paid by prepaid consumers and collected by sellers, as
defined.
This bill:
1) Enacts the Miles Hall Lifeline and Suicide Prevention Act, as specified.
2) Requires OES to ensure that designated 988 centers utilize technology that
allows for transfers between 988 centers, as well as between 988 centers and
911 PSAPs.
3) Requires OES, no later than 90 days after passage of this bill, to appoint a 988
crisis hotline system director to implement and oversee the administration and
coordinating the emergency mental health crisis response with emergency crisis
lines.
4) Requires OES, no later than 90 days after passage of this bill to establish and
convene the State 988 Technical Advisory Board for purposes of advising OES,
as specified.
5) Requires OES, no later than July 1, 2024, to ensure interoperability between
and across crisis and emergency response systems used throughout the state,
including 911, emergency services, behavioral health crisis services, and other
non-behavioral health crisis services. This shall include ensuring
AB 988
Page 4
interoperability of telephone calls, texts, chats, and other similar capabilities
consistent with the implementation of NextGen 911.
6) Requires OES to consult with the National Suicide Prevention Lifeline (NSPL)
and the Substance Abuse and Mental Health Services Administration on any
technology requirement for 988 centers.
7) Requires CalHHS, no later than July 16, 2022, to designate a 988 center or
centers to provide crisis intervention services and crisis care coordination to
individuals accessing 988. Each designated 988 center is required to do all of
the following:
a) Meet federal Substance Abuse and Mental Health Services Administration
requirements and national best practices guidelines for operational and
clinical standards, including training requirements and policies for
transferring callers to an appropriate specialized center, or subnetworks,
within or external to, the NSPL Network.
b) Maintain an active agreement with the administrator of the NSPL for
participation within the network.
c) Comply with the state technology requirements or guidelines for the
operation of 988.
8) Requires CalHHS, no later than 90 days after the passage of this bill, to appoint
a 988 crisis services director to provide direction and oversight of the
implementation and administration of behavioral health crisis services accessed
through 988.
9) Requires CalHHS, no later than 90 days after the passage of this bill, to appoint
and convene a state 988 policy advisory group for purposes of advising the
agency on the implementation and administration of mental health crisis
services accessible through 988, as specified.
10) Requires CalHHS, no later than December 31, 2023, to create a five-year
implementation plan, as specified, for a comprehensive 988 system that
includes the following components:
a) Access to crisis counselors through telephone calls, text, and chat, 24 hours
per day, seven days a week.
b) Mobile crisis teams that operate 24 hours per day, seven days per week, and
can respond to individuals in crisis in a timely manner. Mobile crisis teams
shall be able to respond to clearly articulate suicidal or behavioral health
AB 988
Page 5
contracts made our routed to 988 as an alternative to law enforcement unless
there is a medical emergency, someone is in immediate danger, or there is a
reported crime where law enforcement is mandated to respond by stat e or
federal law.
c) Access to crisis receiving and stabilization services.
11) Established the 988 State Mental Health and Crisis Services Fund (Fund) in the
state treasury and requires the fees to be deposited along with other specified
moneys into the Fund, as specified.
12) Creates a 988 surcharge, beginning January 1, 2023, on each access line for
each month or part thereof for which a service user subscribes with a service
supplier.
13) Sets the 988 surcharge for the 2023 and 2024 calendar year at $0.08 per ac cess
line per month and, for years beginning January 1, 2025, at an amount based on
a specific formula, but no greater than $0.30 per access line per month.
14) Makes applicable relevant provisions of the Emergency Telephone Users
Surcharge Act to the 988 surcharge, as provided, including existing surcharge
exemptions.
15) Makes conforming changes in regard to the 988 surcharge.
16) Authorizes the 911 and 988 surcharges to be combined into a single-line item,
as described.
17) Provides that all revenue generated by the 988 surcharge shall only be expended
for the operations of the 988 center and mobile crisis teams.
18) Requires revenue generated by the 988 surcharge shall be prioritized to fund:
a) First, the 988 centers, including the efficient and effective routing of
telephone calls, personnel, and the provision of acute mental health services
through telephone call, text, and chat to the 988 number.
b) Second, the operation of mobile crisis teams.
19) Provides that the revenue generated by the 988 surcharge shall be used to
supplement and not supplant federal, state, and local funding for mobile crisis
AB 988
Page 6
services and crisis receiving and stabilization services as calculated in the 2019-
20 fiscal year.
20) Provides that revenue generated by the 988 surcharge may only be used to fund
service and operation expenses that are not reimbursable through federal
Medicaid match, Medicare, health care service plans, or disability insurers.
21) Requires OES to require an entity seeking funds available through the Fund to
annually file an expenditure and outcomes report with information including,
but not limited to, the following, as applicable to each modality, including call
center, mobile crisis services, and crisis receiving and stabilization services:
a) The total budget, by fund source.
b) Number of job classifications of personnel allocated to each modality.
c) The number of individuals served.
d) The outcomes for individuals served.
e) The health coverage status of individuals served, if known.
f) The amount billed to and reimbursed by Medi-Cal or other public and
private health care service plans or insurers.
g) Measures of system performance, including capacity, wait time, and the
ability to meet demand for services.
22) Appropriates $8,035,700 from the General Fund to the Fund and requires the
sum be appropriated for the following purposes:
a) To cover the state’s first year of administrative costs in implementing the
provisions of this bill.
b) To fund designated 988 centers to support the first year of their
implementation of the 988 system.
23) Contains an urgency clause.
Background
Purpose of the Bill. According to the author’s office, “AB 988 creates a new three-
digit phone line, 988, for suicide prevention and immediate, localized emergency
response for individuals in mental health crisis by trained mental health
professionals. The current system relies on law enforcement and confinement and
puts people suffering from mental illness through an expensive and traumatizing
revolving door as they shuttle between jails, emergency rooms and the street. A
AB 988
Page 7
comprehensive crisis response system can help prevent avoidable tragedies, save
money, and increase access to the right kind of care. We must make significant
changes in how we respond to those suffering from a mental health crisis.”
National Suicide Hotline Designation Act (NSHD) of 2020. The NSHD designated
988 as the new three-digit number for the national suicide prevention and mental
health crisis hotline. Specifically, the NSHD requires the Federal Communication
Commission (FCC) to designate 988 as the universal telephone number for a
national suicide prevention and mental health crisis hotline, which operates
through the NSPL Network.
To adequately fund the 988 system, the NSHD authorizes states to impose a fee on
access lines for providing 988 related services. In the California Emergency
Telephone User Surcharge Act, an access line is defined as a wireline
communication service (landline), a wireless communication service line (cell
phones), and Voice Over Internet Protocol (VoIP). Revenue from the fee must be
held in a designated account to be spent only in support of 988 services, and the
FCC must submit an annual report on state administration of these fees. The fees
may only be spent on (1) ensuring the efficient and effective routing of calls made
to the 988 suicide prevention and mental health crisis hotline to an appropriate
crisis center; (2) personnel; and, (3) the provision of acute mental health crisis
outreach and stabilization by directly responding to the 988 national suicide
prevention and mental health crisis hotline.
The United States Department of Health and Human Services (HHS) and the
Department of Veteran Affairs are required, within 180 days of the enactment of
the NSHD, to jointly report on how to make the use of 988 operational and
effective across the country, and HHS must develop a strategy to provide access to
competent, specialized services for high-risk populations such as lesbian, gay,
bisexual, and queer youth, minorities, and rural individuals.
National Suicide Prevention Lifeline. The NSPL is a national network of
approximately 180 local crisis centers that provide free and confidential support for
people in suicidal crisis or emotional distress. There are 13 NSPL affiliated
centers currently operating in California. Lifeline call centers in California set the
hours and coverage areas for when they will take lifeline calls based on funding
and staffing levels. When an individual calls the national number, (800) 273 -
TALK, they are routed to the local crisis center that is closest to them. If a crisis
center is unable to respond to all callers at any time, calls are diverted to backup
centers. When calls are re-routed to centers out-of-state, California callers in crisis
AB 988
Page 8
often wait two to three house longer, receive fewer linkages to effective local care,
and are more likely to abandon their calls.
In 2019, the NSLP Network received nearly 2.3 million crisis calls from across the
United States and 290,619 of those calls were from California. Of those 199,192
were connected to crisis centers in the state. Since 2016, California Lifeline call
volume has increased 60% and this is expected to rise even higher.
911 System. OES is responsible for administration and oversight of the SETNA
used to fund the 911 system in California, and for the design developmen t of the
statewide network that supports delivery of 911 calls to the state’s 452 PSAPs.
OES also serves as California’s point of contact for the design and development of
the National First Responders Network that is being designed and implemented to
provide broadband data to the emergency service personnel on a nationwide basis.
The Warren 911 Act authorizes cities and counties to form contracts regulating the
implementation of a 911 system. The basic structure of the 911 system is designed
to ensure that when a person dials 911, a law enforcement agency serving as a
primary PSAP receives 911 requests from the area where the person is calling. If a
911-caller requests emergency medical assistance, the primary PSAP may retain
the caller if it directly provides emergency medical services (EMS) dispatch, or
may transfer the caller to a secondary PSAP for emergency medical response. The
medical secondary PSAP can be a public agency, public/private partnership, or
private EMS provider designated or recognized by the local EMS agency as
serving the entire EMS area or portion of the EMS area.
Role of OES in 988. This bill requires, no later than July 16, 2022, which is the
date that the 988 number is set to go live, OES to ensure that designated 988
centers utilize technology that allow for transfers between 988 centers, as well as
between 988 centers and 911 PSAPs.
This bill also requires OES to appoint a 988 hotline crisis hotline director to
implement and oversee the administration coordinating the emergency mental
health crisis response with emergency crisis lines and convene the State 988
Technical Advisory Board (Board). The bill also requires OES, by July 1, 2024, to
ensure interoperability between and across crisis and an emergency response
system. The bill specifically states that this shall include interoperability of
telephone calls, texts, chats, and other similar capabilities consistent with the
implantation of NextGen 911.
AB 988
Page 9
Related/Prior Legislation
AB 270 (Ramos, 2021) would have created the Core Behavioral Health Crisis
Services System, using the digits 988 for the Suicide Prevention and Behavioral
Health Crisis Hotline, in compliance with existing federal law and standards
governing the NSPL. (Never Heard in the Assembly Health Committee)
FISCAL EFFECT: Appropriation: Yes Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee, OES anticipates
approximately $55.6 million in annual revenue from the monthly surcharge of
$0.08 per access line, to be deposited into the 988 State Mental Health and Crisis
Services Special Fund. Revenue from the surcharge will offset, to some extent,
OES’s stand-up and administrative costs, which include:
One-time costs of approximately $35 million for information technology
equipment and services.
Ongoing annual costs of approximately $31.5 million to impleme nt and
administer the program.
Unknown, likely significant fiscal impact to the California Health and Human
Services Agency (CHHS) to among other things, designate centers and create the
988 system implementation plan, convene the working group, and admin ister the
program.
The California Department of Tax and Fee Administration (CDTFA) anticipates:
Implementation costs of approximately $50,000 to $250,000.
Beginning in FY 2023-24, ongoing administrative costs of approximately
$445,000.
The California Department of Insurance (CDI) estimates costs of $377,000 in FY
2021-22, $902,000 in FY 2022-23, and $679,000 ongoing to coordinate with
CHHS and the Department of Managed Health Care to develop a guidance and
adopt regulations (Insurance Fund). CDI does not anticipate these costs to be
absorbable.
The bill appropriates $8,035,700 from the General Fund to the 988 State Mental
Health and Crisis Services Fund to cover the state’s first year of administrative
costs and to fund the designated 988 centers to support the first year of their
implementation of the 988 system.
AB 988
Page 10
SUPPORT: (Verified 8/11/22)
American Academy of Pediatrics, California
American Foundation for Suicide Prevention
Association of Regional Center Agencies
Bend the Arc: Jewish Action
Board of Behavioral Sciences
Buckelew Programs
CA Council of Community Behavioral Health Agencies
Cal Cities
Cal Voices
California Access Coalition
California Alliance of Child and Family Services
California Association of Alcohol and Drug Executives
California Association of Local Behavioral Health Boards and Commissions
California Association of Marriage and Family Therapists
California Association of Social Rehabilitation Agencies
California Clubhouse
California Commission on Aging
California Commission on the Status of Women and Girls
California Legislative Women's Caucus
California Psychological Association
California State Association of Psychiatrists
California State Parent Teacher Association
Casa Pacifica Centers for Children and Families
Che Behavioral Health Services
City of Brentwood
City of Clayton
City of Concord
City of Concord
City of Dublin
City of El Cerrito
City of Lafayette
City of Livermore
City of Martinez
City of Mountain View
City of Pittsburg
City of Pleasant Hill
City of Pleasanton
City of Sacramento
City of San Diego
AB 988
Page 11
City of San Pablo
City of San Ramon
Contra Costa County
County of Orange
Crisis Support Services of Alameda County
Crisis Text Line
Dbsa California
Democrats of Rossmoor
Didi Hirsch Mental Health Services
Everytown for Gun Safety Action Fund
Fountain House
Generation Up
Hathaway-sycamores
Interfaith Council of Contra Costa County
Kings View
Los Angeles County
Los Angeles County District Attorney's Office
MHA California
Miles Hall Foundation
Mobilize 4 Mental Health
Moms Demand Action for Gun Sense in America
NAMI - Mt. San Jacinto
NAMI –California
NAMI Contra Costa
NAMI Greater LA County
NAMI Santa Barbara County
NAMI Westside LA
National Alliance on Mental Illness
National Association of Social Workers, California Chapter
Neveragainca
Occupational Therapy Association of California
Orinda Progressive Action Alliance
Peace Officers Research Association of California
Peninsula Temple Sholom
Putnam Clubhouse
San Diego County District Attorney's Office
San Francisco Board of Supervisors
San Francisco Municipal Transportation Agency
Southern California Psychiatric Society
Steinberg Institute
AB 988
Page 12
Students Demand Action for Gun Sense in America
Sycamores
The Democrats of Rossmoor
The Greater Oxnard Organization of Democrats
The Kennedy Forum
The Meeting Place Clubhouse, Inc.
The Miles Hall Foundation
Town of Danville
Venture Clergy and Laity United for Economic Justice
Wellspace Health
OPPOSITION: (Verified 8/11/22)
California Taxpayers Association
California’s Independent Telecommunications Companies
Consolidated Communications
ARGUMENTS IN SUPPORT: According to the Miles Hall Foundation, “the
current mental health crisis response system relies on law enforcement and puts
people suffering from mental illness through an expensive and traumatizing
revolving-door as they shuttle between jails, emergency rooms, and the street, A
comprehensive crisis response system can prevent these tragedies, save money,
and increase access to appropriate care. AB 988 takes a monumental step forward
in addressing these systemic inequities in our mental health system by creating a
crisis response system that provides support to help individuals and communities
thrive.”
According to the Steinberg Institute, “California is currently in the process of
transforming its technology infrastructure through NextGen 911. Implementing
988 now will allow the state to leverage 9111’s new technology. First and
foremost, this will allow for critical interoperability between 911 and 988.
Building out of the 988 system in parallel to NextGen 911 will also allow the state
to avoid paying for two separate infrastructure to receive calls saving local
governments significant costs that they would otherwise incur from upgrading their
local call centers to comply with the federal 988 law.
ARGUMENTS IN OPPOSITION: According to California’s Independent
Telecommunications Companies (CITC), “CITC supports the creation of an easy-
to-remember three-digit phone number for connecting individuals facing a mental
health crisis with trained mental health professionals. Like the 911 surcharge, the
AB 988
Page 13
988 surcharge should be calculated to cover only the costs related to the efficient
and effective routing of 988 calls to the crisis centers. Using the 988 surcharge to
cover anything other than telecommunications expenses would undermine the
appropriate nexus of levying the fee on telecommunications customers.”
According to the California Taxpayers association, “a phone surcharge should be
narrowly focused to funding the cost of connecting calls to a crisis hotline, ra ther
than funding a broad healthcare program that requires ongoing funding for this
critical service. The nexus between phone service and connecting a call makes
sense, but using the phone bill as a funding source for a healthcare program goes
beyond the scope of what is appropriate.”
Prepared by: Felipe Lopez / G.O. / (916) 651-1530
8/13/22 9:56:09
**** END ****
SENATE RULES COMMITTEE
Office of Senate Floor Analyses
(916) 651-1520 Fax: (916) 327-4478
AB 1737
THIRD READING
Bill No: AB 1737
Author: Holden (D)
Amended: 8/11/22 in Senate
Vote: 21
SENATE HUMAN SERVICES COMMITTEE: 3-1, 6/20/22
AYES: Hurtado, Kamlager, Pan
NOES: Jones
NO VOTE RECORDED: Cortese
SENATE PUBLIC SAFETY COMMITTEE: 5-0, 6/28/22
AYES: Bradford, Ochoa Bogh, Kamlager, Skinner, Wiener
SENATE APPROPRIATIONS COMMITTEE: 6-1, 8/11/22
AYES: Portantino, Bates, Bradford, Laird, McGuire, Wieckowski
NOES: Jones
ASSEMBLY FLOOR: 52-3, 5/26/22 - See last page for vote
SUBJECT: Children’s camps: registration and inspection
SOURCE: Author
DIGEST: This bill requires, on or before January 1, 2024, CDSS, in consultation
other departments and stakeholders, to provide a report to the Legislature that
includes information regarding topics related to the health and safety of childr en
attending children’s camps and recommendations for developing and issuing
requirements for the regulatory oversight of children’s camps
ANALYSIS:
Existing law:
1) Defines “organized camp” as meaning a site with program and facilities
established for the primary purposes of providing an outdoor group living
AB 1737
Page 2
experience with social, spiritual, educational, or recreational objectives, for
five days or more during one or more seasons of the year. Further specifies that
an “organized camp” does not include a motel, tourist camp, trailer park,
resort, hunting camp, auto court, labor camp, penal or correctional camp, does
not include a child care institution or home -finding agency, nor does it include
any charitable or recreational organization that complies with the rules and
regulations for recreational trailer parks. (HSC 18897)
2) Defines “camper” as meaning any person in an organized camp on a fee or
nonfee basis who is a participant in the regular program and training of an
organized camp, and who may take on duties relating to such program and
training. (HSC 18897.1)
3) Requires the director of the California Department of Public Health (CDPH) to
adopt rules and regulations establishing minimum standards for organized
camps and regulating the operation of organized camps that the director
determines are necessary to protect the health and safety of campers. Further
requires organized camps to comply with the building standards of the
jurisdiction in which the camp is located, to the extent that those standards are
not contrary to, or inconsistent with, the building standards adopted by the
director of CDPH. (HSC 18897.2(a))
4) Requires the director of CDPH to adopt and enforce building standards relating
to organized camps, as provided. (HSC 18897.2(a)-(b))
5) Requires the State Fire Marshall to adopt minimum fire safety regulations for
organized camps, as provided. (HSC 18897.3)
6) Requires local health officers to enforce, within their jurisdiction, the building
standards published in the State Building Standards Code relating to organized
camps and other rules and regulations adopted by the director of CDPH, as
provided.
7) Prohibits organized camps from being subject to regulation by any state agency
other than CDPH, the California regional water quality control boards, the
State Water Resources Control Board, and the State Fire Marshal; provided,
that this section shall not affect the authority of the Department of Industrial
Relations to regulate the wages or hours of employees of organized camps and
this section shall not be construed to limit the application of building standards
published in the State Building Standards Code to structures in organized
camps. (HSC 18897.6)
AB 1737
Page 3
8) Prohibits an organized camp from operating in California unless each site or
location in which the camp operates satisfies the minimum standards for
organized camps prescribed in building standards published in the State
Buildings Code relating to organized camps, and in other rules and regulations
adopted by the director of CDPH and the State Fire marshal, as provided. (HSC
18897.7)
9) Establishes the Child Care and Development Services Act for the purpose of
providing a comprehensive, coordinated, and cost -effective system of child
care and development services, as specified, for children from infancy to 13
years of age, and their parents, through full- and part-time programs. (EDC
8200 et seq.)
10) Establishes the Child Day Care Facilities Act (CDCFA), with the California
Department of Social Services (CDSS) as the licensing entity for child care
centers and family child care homes, to ensure that working families have
access to healthy and safe child care providers and that child care programs
contribute positively to a child’s emotional, cognitive, and educational
development, and are able to respond to, and provide for, the unique
characteristics and needs of children. Further creates a separate licensing
category for child daycare centers and family daycare homes within CDSS’s
existing licensing structure through the CDCFA. (HSC 1596.70 et seq.)
This bill:
1) Requires, on or before January 1, 2024, CDSS, in consultation with CDPH,
California Department of Education, the Office of the State Fire Marshal, the
Department of Industrial Relations, parent advocate organizations, and other
stakeholders, to provide a report to the Legislature that includes information
regarding topics related to the health and safety of children attending children’s
camps and recommendations for developing and issuing requirements for the
regulatory oversight of children’s camps.
2) Requires the produced report to be submitted in compliance with existing law,
as provided.
Background
Child Care in California. Child care comes in many forms, including unlicensed
care provided by family, friends and neighbors; early childhood education
programs; licensed family daycare homes; and licensed child care centers. Within
these categories are additional subcategories that allow parents to further refine the
AB 1737
Page 4
setting in which their children will receive care. Regardless of the setting, child
care is largely unavailable and unaffordable for parents throughout California.
The licensure, maintenance, and operation of child day care centers and family
daycare homes in the state are governed by the CDCFA. This law and the
corresponding regulations establish, among other things, general health and safety
requirements, staff-to-child ratios, and provider training requirements for licensed
child care. CDSS is charged with ensuring licensed child care facilities meet health
and safety standards through monitoring facilities, providing technical assistance,
and establishing partnerships with providers, parents, and the child care
community. These requirements also set parameters around the age, educational,
and background requirements of those working or volunteering within licensed
child care settings.
Providers Exempted from the CDCFA. Under existing law, per CDSS, there are
four main groups of childcare providers that are exempt from CDFCA licensing
requirements. These include: individuals who care for the children of a relative, or
who care for the children of one family in addition to their own, as well as certain
parent cooperatives, in which families rotate care on an unpaid basis; public, as
well as private non-profit programs, that offer recreational services, including
community center programs and park and recreation programs; business that offer
limited child care to their clients and customers, that are time limited and require
the parent or guardian to remain on the premises, as provided; and programs that
are overseen by other state agencies, such as organized camps which are licensed
by the Department of Public Health and heritage schools, which are overseen by
the Department of Education. Thus, for many of these unlicensed forms of care,
another entity is responsible for overseeing and licensing the facility or program,
while for others, like a family childcare home providing care for the child of only
one family in addition to the operator’s own children or for a parent cooperative
arrangement when no payment is involved, the licensing requirements would be
prohibitive to enabling parents and families to arrange their own less formal
childcare arrangements.
This bill requires CDSS, in consultation with specified stakeholders, to provide a
report to the Legislature that includes recommendations for developing and issuing
requirements for the regulatory oversight of children’s camps.
Camp Oversight. Existing law establishes a limited regulatory framework for
“organized camps”, which are defined as “a site with a program and facilities
established for the primary purposes of providing an outdoor group l iving
experience with social, spiritual, educational, or recreational objectives, for five
AB 1737
Page 5
days or more during one or more seasons of the year.” These “organized camps”
must comply with minimum standards put in place through rules and regulations
adopted by the CDPH, as determined necessary by the CDPH to protect the health
and safety of campers. Additionally, existing law requires “organized camps” to
comply with building standards adopted by the CDPH, as well as the building
standards of the jurisdiction in which the camp is located, to the extent that those
standards are not contrary to, or inconsistent with, the building standards adopted
by the director of CDPH. “Organized camps” must also comply with minimum fire
safety regulations adopted by the Fire Marshall specifically for such sites.
This existing, although limited, regulatory framework only applies to sites that are
established to provide an outdoor group living experience, meaning those sites that
ostensibly house campers overnight. Thus, this existing law, and the resulting
regulations, do not apply to the majority of day camps, which provide children and
youth with activities and programming during periods of the year when school is
not in session. These camps typically do not have a fixed site, but rather operate at
parks, beaches, churches, schools, Boys and Girls Clubs, or YMCA facilities, and
are therefore not subject to the laws that currently regulate “organized camps.”
These day camps typically provide parents with an alternative form of child care
when school is out of session. Their operation fills in a week day child care need
faced by families during the summer months, in addition to providing children and
youth with organized recreation and learning opportunities. However, these camps
are not child day care facilities, and thus are not covered by the licensing
requirements a day care or child care center must comply with.
Los Angeles (LA) County is attempting to address this lack of oversight through a
2021 directive to the LA Office of County Counsel, in coordination with the LA
County Department of Public Health, to consult with relevant county departments
and report back to the County Board of Supervisors within 180 day with draft
Ordinance language that defines children’s camp and establishes feasible and
enforceable regulations for children’s camps.
At this time, LA County has released draft ordinance language and is holding
community meetings on the draft language and accepting feedback on the language
from community stakeholders. The proposed ordinance would define children’s
camps as camps that serve five or more children ages three to seven, and operates
for more than three hours per day for at least five days a year. Under the proposed
ordinance, day camps would only allow for one overnight stay per 12 months and
those with more than one overnight stay would be classified as overnight camps.
Sites licensed by CDSS, recreational drop-in programs and detention facilities are
AB 1737
Page 6
exempt from the ordinance. Children’s camps that provide four or more overnight
stays will need to follow existing organized camp state regulations. A permit to
operate will be required of day and overnight camps. The proposed ordinance
includes various requirements relating to written operating procedures, emergency
plans, staffing requirements, staff to camper ratios, and camper health supervision
and plan requirements. This bill seeks to correct this lack of regulation and
oversight of children’s day camps by creating a new licensing framework for
children’s camps in statute under the oversight of CDSS. However, there is a much
greater variety among day camp offerings than there is child care, which results in
questions as to how this oversight framework might be implemented.
Comments
According to the author, “this summer, children from all over California attended
camps. Of these camps, only overnight camps are required to follow state
regulations and virtually none are inspected to ensure the safety of children
attending. Day camps, which constitute the vast majority of camps in California,
are not required to follow any regulations or laws regarding child safety. This large
hole in regulation has contributed to harm many children have experienced while
attending camp. The Department of Social Services must collaborate with other
state agencies, parents and stakeholders to help change our state’s camp safety
laws so every parent can rest assured their child will return home safely.”
Committee staff notes that there has been ample support and opposition to prior
versions of this bill. Recent amendments have removed many groups opposition
and may have changed certain support positions, so not all are reflected in this
analysis. Staff verified the support and opposition of the groups listed below,
however, their letters on file are not specific to the version of the bill and print. As
such, excerpts from these letters are not reflected in this floor analysis.
Related/Prior Legislation
SB 217 (Portantino, 2020) would have required organized or recreational camps to
obtain a license from their LHA, as well as required the camp to meet various
requirements such as: staffing and supervision requirements; criminal history
background check; camp safety; establishment of emergency action plan;
requirements for swimming and aquatic activities; archery; horseback riding; and,
firearm activities, among other changes. The Assembly Health Committee hearing
for SB 217 was canceled at the request of the author.
AB 1964 (Mainschein, 2018) would have required the California Department of
Public Health (CDPH) to issue regulations related to day camps and requires local
AB 1737
Page 7
enforcement agencies to issue permits for and regulate day camps. AB 1964 was
held on the Assembly Appropriations Committee suspense file.
SB 476 (Mendoza, 2015) would have redefined organized camps and separated
them into two types: resident camps and day camp. It would have required
organized day camps to follow existing public health and safet y codes and
regulations. SB 476 was held on the Assembly Appropriations Committee
suspense file.
SB 443 (Walters, 2014) would have defined organized camps and organized day
camps and would have established requirements regarding their operation. SB 443
was held on the Assembly Appropriations Committee suspense file.
SB 1087 (Walters, Chapter 652, Statues of 2012) exempted organized camps from
licensure required for day care centers.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT: (Verified 8/12/22)
Los Angeles County Board of Supervisors
OPPOSITION: (Verified 8/12/22)
MeowMeow Foundation
ASSEMBLY FLOOR: 52-3, 5/26/22
AYES: Aguiar-Curry, Arambula, Bauer-Kahan, Bennett, Bloom, Boerner
Horvath, Mia Bonta, Bryan, Calderon, Carrillo, Cervantes, Cooley, Cooper,
Daly, Mike Fong, Friedman, Gabriel, Cristina Garcia, Eduardo Garcia, Gipson,
Grayson, Haney, Holden, Irwin, Jones-Sawyer, Kalra, Lee, Levine, Low,
Maienschein, McCarty, Medina, Mullin, Muratsuchi, Nazarian, Petrie-Norris,
Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Salas,
Santiago, Stone, Ward, Akilah Weber, Wicks, Wilson, Wood, Rendon
NOES: Gallagher, Mathis, Mayes
NO VOTE RECORDED: Berman, Bigelow, Chen, Choi, Cunningham, Megan
Dahle, Davies, Flora, Fong, Gray, Kiley, Lackey, Nguyen, O'Donnell, Patterson,
Blanca Rubio, Seyarto, Smith, Ting, Valladares, Villapudua, Voepel, Waldron
Prepared by: Marisa Shea / HUMAN S. / (916) 651-1524
8/13/22 10:41:03
**** END ****
SENATE RULES COMMITTEE
Office of Senate Floor Analyses
(916) 651-1520 Fax: (916) 327-4478
AB 2011
THIRD READING
Bill No: AB 2011
Author: Wicks (D), Bloom (D), Grayson (D), Quirk-Silva (D) and Villapudua
(D), et al.
Amended: 8/11/22 in Senate
Vote: 21
SENATE HOUSING COMMITTEE: 6-1, 6/21/22
AYES: Wiener, Caballero, McGuire, Roth, Skinner, Umberg
NOES: Bates
NO VOTE RECORDED: Cortese, Ochoa Bogh
SENATE GOVERNANCE & FIN. COMMITTEE: 5-0, 6/29/22
AYES: Caballero, Nielsen, Durazo, Hertzberg, Wiener
SENATE APPROPRIATIONS COMMITTEE: 6-1, 8/11/22
AYES: Portantino, Jones, Laird, McGuire, Wieckowski
NOES: Bates
NO VOTE RECORDED: Bradford
ASSEMBLY FLOOR: 48-11, 5/23/22 - See last page for vote
SUBJECT: Affordable Housing and High Road Jobs Act of 2022
SOURCE: California Conference of Carpenters
California Housing Consortium
DIGEST: This bill authorizes 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.
AB 2011
Page 2
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 regional housing needs allocation (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
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 o r strategies
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
AB 2011
Page 3
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 may submit an application for a
housing development that shall be a use by right and subject to a streamlined
ministerial review 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,
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) 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.
f) The project has at least 2/3 of the square footage designated for residential
use.
g) The residential density will meet or exceed the Mullin Densities.
h) The project complies with specified objective zoning standards.
i) The development proponent completes a Phase 1 environmental
assessment, as specified.
j) None of the housing on the site are located within 500 feet of a freeway.
k) None of the housing on the site is located within 2,500 feet of a facility that
actively extracts or refines oil or natural gas.
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.
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Mixed-Income Housing Developments Along Commercial Corridors
4) Provides that a housing development project may submit an application for a
housing development that 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,
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) The property contains one to four units.
e) The property is vacant and zoned for housing but not for multifamily
residential use.
f) 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.
g) It is not on a specified environmentally sensitive site.
h) 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.
i) The project is at least 2/3 of the square footage is designated for residential
use.
j) The project complies with specified objectives zoning standards.
k) The project completes a phase I environmental assessment, as specified.
l) None of the housing on the site are located within 500 feet of a freeway.
m) None of the housing on the site is located within 2,500 feet of a facility that
actively extracts or refines oil or natural gas.
5) Requires a project to meet the following affordability requirements:
a) For rental units either of the following:
i) 15% of the units are affordable to lower-income households for 55
years; or
ii) 8% of the units for very low-income households and 5% for extremely
low income households for 55 years.
AB 2011
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b) For owner-occupied units, 30% of the units affordable to moderate-income
or 15% affordable to lower-income households for 45 years.
6) Requires that if the local government has an affordable housing requirement,
the housing development project shall comply with all of the following:
a) The development project shall include the higher percentage between this
bill and the local housing requirement;
b) The project shall meet the lowest income targeting in either policy;
c) If the local requirement requires at least 15% of the units for lower income,
but does not require units affordable to extremely low-income or very low-
income households, the development shall do both of the following:
i) Include 8% of the units for very low income households, and 5% for
extremely low income households, and
ii) Subtract 15% from the percentage required by the local policy.
7) Requires that, if a local government has an affordable housing requirement the
housing development project shall comply with both of the following:
a) The project shall include the higher percentage of affordable units between
this bill and the local requirement;
b) The project shall meet the lowest income targeting in either policy.
8) 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;
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.
AB 2011
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9) 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.
10) 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.
11) Provides that no parking is required except for bike parking, electrical vehicle
equipment installed, or parking spaces accessible for persons with disabilities.
Additional Provisions
12) Defines “neighborhood plan” as a specific pl an, area plan, precise plan, or
master plan that has been adopted by a local government. Provides that if the
site is within a “neighborhood plan,” the site satisfies both of the following:
a) As of January 1, 2022, there was a neighborhood plan applicable to the site
that permitted multifamily housing development on the site;
AB 2011
Page 7
b) As of January 1, 2024, there was a neighborhood plan applicable to the site
that permitted multifamily housing development on the site and all of the
following occurred: (i) a notice was issued before January 1, 2022; (ii) the
neighborhood plan was adopted on or after January 1, 2022 and before
January 1, 2024, and (iii) the environmental review was completed before
January 1, 2024.
13) Authorizes a local government to exempt a parcel from the requirements in this
bill before a development proponent submits an application if the local
government makes written findings, as specified.
14) Requires the development proponent to provide written notice of the pending
application to each eligible tenant located on the site and provide relocation
assistance as specified. The funds shall be used to pay for the business to
relocated or for costs of a new business.
15) Permits a local government to adopt an ordinance to implement the provisions
of this bill, and exempts that ordinance from the California Environmental
Quality Act.
16) Requires a local agency to include in its APR data related to this bill.
17) Requires HCD to conduct two studies on the outcomes of this bill, as specified.
18) Establishes July 1, 2023 as the implementation date and imposes a sunset date
of January 1, 2033.
Labor Standards
19) Provides that 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;
20) Provides that 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;
AB 2011
Page 8
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.
21) Provides that the obligation of the contractors and subcontractors to pay
prevailing wages pursuant to this bill are subject to the following enforcement
provisions: (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 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.
22) Provides that 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;
23) Provides that for a development of 50 or more housing units, the development
proponent 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
AB 2011
Page 9
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 expendit ures on health
care for employees and dependents; and
d) The development proponent is subject to reporting requirements, as
specified.
Background
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 elemen t, 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 RHN A
process.
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 the California Environmental
Quality Act (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 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
AB 2011
Page 10
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 administrative review. Most housing projects that require
discretionary review and approval are subject to review under the CEQA, while
projects permitted ministerially generally are not.
Comments
1) 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 Cores ight
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.
This bill helps 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 or a, and not adjoined to
a site with more than 1/3 of the uses are dedicated to industrial use.
Streamlined approval is limited to 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 a combination of 8% very low-income and 5% extremely low
income, or alternatively, ownership units in which to 15% are affordable to
lower income households or 30% are 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
AB 2011
Page 11
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. This bill
takes effect on July 1, 2023 and will sunset on January 1, 2033.
2) Senate Appropriations Amendments. Author’s amendments taken in the Senate
Appropriations Committee make the following changes:
a) Impose a sunset date of January 1, 2033;
b) Delay the enactment date by 6 months (beginning July 1, 2023);
c) Require developers to provide relocation assistance for displaced small
businesses;
d) Direct HCD to perform at least two studies of the outcomes of the bill;
e) Require rental projects to include either 15% lower income units or 8% very
low and 5% extremely low, and associated conforming changes;
f) Require a specified environmental assessment and mitigation of any hazards
identified;
g) Excludes housing within 2,500 feet of an oil or gas extraction facility or
refinery;
h) Allows local governments to adopt an ordinance to implement the bill,
which is not subject to CEQA; and
i) Make other technical and clarifying changes.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee:
HCD estimates ongoing costs of $204,000 annually for 1.0 PY of staff to
coordinate with local governments, provide guidance and technical assistance,
and manage enforcement activities. HCD estimates additional costs of
$102,000 in contract costs each year in 2023-24 and 2025-25 to develop and
revise guidelines for developers and local jurisdictions related to the new
streamlining and ministerial approval provisions. (General Fund)
The Department of Industrial Relations estimates costs of approximately $3.8
million in the first year and $3.6 million annually ongoing for oversight and
enforcement activities related to prevailing wage and apprenticeship standards
on projects constructed pursuant to the provisions of this bill. There would also
be penalty revenue gains, potentially in the hundreds of thousands of dollars
annually, to partially offset these costs. Actual costs and penalty revenues
would depend upon the number of qualifying projects constructed under this
bill and the number of complaints and referrals to the Division of Labor
AB 2011
Page 12
Standards and Enforcement that require enforcement actions, investigations,
and appeals. (State Public Works Enforcement Fund)
Unknown local mandated costs. While the bill could impose new costs on local
agencies to revise planning requirements for certain developments, and providing
for streamlined and expedited review of those projects, these 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. (Local funds)
SUPPORT: (Verified 8/11/22)
California Conference of Carpenters (co-source)
California Housing Consortium (co-source)
AARP
Abundant Housing LA
Affirmed Housing
Alameda County Democratic Party
All Home
Alta Housing
American Planning Association, California Chapter
Bay Area Council
Black Leadership Council
Bridge Housing Corporation
Brotherhood Crusade
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
California Forward Action Fund
California Housing Partnership
California School Employees Association
California YIMBY
Carpenters Local Union 22, 46, 152, 180, 405, 505, 605, 562, 619, 661, 701, 713,
714, 721, 805, 909, 951, 1109, 1599, 1789, and 2236
Carpenters Women's Auxiliary 001, 007, 66, 91, 101, 417, 710, and 1904
Central City Association
Central Valley Urban Institute
Cities of Berkeley, Maywood, and Oakland
AB 2011
Page 13
CivicWell
Clinica Romero
Community Coalition
Community Corporation of Santa Monica
Congress for The New Urbanism
Construction Employers' Association
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 Corporation
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
League of Women Voters of California
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 Corporation
Millwrights Local 102
AB 2011
Page 14
Modular Installers Association
Monterey Bay Economic Partnership
Mountain View YIMBY
New Way Homes
Non Profit Housing Association of Northern California
Nor Cal Carpenters Union
Novin Development Corp.
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
San Francisco Bay Area Rapid Transit District
San Francisco Housing Development Corporation
Sand Hill Property Company
Santa Cruz YIMBY
Satellite Affordable Housing Associates
SEIU California
Sequoia Riverlands Trust
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 John Stewart Company
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
AB 2011
Page 15
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
OPPOSITION: (Verified 8/11/22)
California Cities for Local Control
California Nurses Association
California State Association of Electrical Workers
California State Pipe Trades Council
Calle 24 Latino Cultural District
Care Community Land Trust
Catalysts for Local Control
Cities of Arcata, Beverly Hills, Bishop, Brentwood, Burbank, Clovis, Corona,
Cupertino, Del Mar, El Centro, Fairfield, Fillmore, Fort Bragg, Fortuna,
Fremont, Glendale, Glendora, Huntington Beach, Indian Wells, La Canada
Flintridge, La Mirada, La Puente, Laguna Hills, Menifee, Newport Beach,
Novato, Ontario, Orange, Palm Desert, Pleasant Hill, Pleasanton, Rancho Palos
Verdes, Redlands, Ripon, Rohnert Park, Rolling Hills Estates, Rosemead, San
Clemente, Santa Maria, Solana Beach, Sunnyvale, Torrance, Upland, Vista, and
Whittier
City/County Association of Governments of San Mateo County
District Council of Iron Workers of The State of California and Vicinity
Hills 2000 Friends of The Hills
Livable California
League of California Cities, Los Angeles County Division
Marin County Council of Mayors & Councilmembers
Mission Street Neighbors
Poder
Santa Monica Residents Cross-City
Save Lafayette
South Bay Cities Council of Governments
State Building & Construction Trades Council of California
Town of Truckee
AB 2011
Page 16
Tri-Valley Cities of Dublin, Livermore, Pleasanton, San Ramon, and Town of
Danville
Western States Council Sheet Metal, Air, Rail and Transportation
Young Community Developers
Yuba County Board of Supervisors
Three individuals
ARGUMENTS IN SUPPORT: According to the author, 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.”
ARGUMENTS IN OPPOSITION: According to the State Building &
Construction Trades Council (SBCTC) and affiliated groups, this 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 community
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 this 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 .
ASSEMBLY FLOOR: 48-11, 5/23/22
AYES: Bauer-Kahan, Bennett, Bloom, Bryan, Calderon, Carrillo, Cervantes,
Cooper, Cunningham, Megan Dahle, Daly, Flora, Mike Fong, Fong, Friedman,
Gabriel, Cristina Garcia, Eduardo Garcia, Gipson, Grayson, Haney, Holden,
Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Mathis, Mayes, McCarty, Medina,
Mullin, Quirk, Quirk-Silva, Ramos, Reyes, Robert Rivas, Rodriguez, Salas,
Santiago, Ting, Villapudua, Ward, Akilah Weber, Wicks, Wilson, Wood,
Rendon
AB 2011
Page 17
NOES: Aguiar-Curry, Bigelow, Choi, Cooley, Nguyen, Patterson, Seyarto, Stone,
Valladares, Voepel, Waldron
NO VOTE RECORDED: Arambula, Berman, Boerner Horvath, Mia Bonta, Chen,
Davies, Gallagher, Gray, Irwin, Lee, Low, Maienschein, Muratsuchi, Nazarian,
O'Donnell, Petrie-Norris, Luz Rivas, Blanca Rubio, Smith
Prepared by: Alison Hughes / HOUSING / (916) 651-4124
8/15/22 13:05:08
**** END ****
SENATE RULES COMMITTEE
Office of Senate Floor Analyses
(916) 651-1520 Fax: (916) 327-4478
AB 2374
THIRD READING
Bill No: AB 2374
Author: Bauer-Kahan (D), et al.
Amended: 4/7/22 in Assembly
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 5-0, 6/14/22
AYES: Bradford, Ochoa Bogh, Kamlager, Skinner, Wiener
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 69-0, 5/16/22 - See last page for vote
SUBJECT: Crimes against public health and safety: illegal dumping
SOURCE: Contra Costa County
DIGEST: This bill increases the maximum fines for illegal dumping for persons
employing more than 10 full-time employees, and requires any person convicted of
illegal dumping to remove or pay the cost of removing the waste matter they were
convicted of illegally dumping.
ANALYSIS:
Existing law:
1) States that it is unlawful to dump or cause to be dumped waste matter in or
upon a public or private highway or road, including any portion of the right-of-
way thereof, or in or upon private property into or upon which the public is
admitted by easement or license, or upon private property without the consent
of the owner, or in or upon a public park or other public property other than
property designated or set aside for that purpose by the governing board or body
having charge of that property. (Penal Code § 374.3 (a).)
2) Provides it is unlawful to place, deposit, or dump, or cause to be placed,
deposited, or dumped, rocks, concrete, asphalt, or dirt in or upon a private
AB 2374
Page 2
highway or road, including any portion of the right-of-way of the private
highway or road, or private property, without the consent of the owner or a
contractor under contract with the owner for the materials, or in or upon a
public park or other public property, without the consent of the state or local
agency having jurisdiction over the highway, road, or property. (Penal Code §
374.3 (b).)
3) States that a person violating dumping provisions is guilty of an infraction.
Each day that waste is placed, deposited, or dumped in violation the law is a
separate violation. (Penal Code § 374.3 (c).)
4) Provides that illegal dumping prohibitions do not restrict a private owner in the
use of his or her own private property, unless the placing, depositing, or
dumping of the waste matter on the property creates a public health and safety
hazard, a public nuisance, or a fire hazard, as determined by a local health
department, local fire department or district providing fire protection services,
or the Department of Forestry and Fire Protection, in which case this section
applies. (Penal Code § 374.3 (d).)
5) Provides a person convicted of dumping shall be punished by a mandatory fine
of not less than $250 nor more than $1,000 upon a first conviction, by a
mandatory fine of not less than $500 nor more than $1,500 upon a second
conviction, and by a mandatory fine of not less than $750 nor more than $3,000
upon a third or subsequent conviction. If the court finds that the waste matter
placed, deposited, or dumped was used tires, the fine prescribed in this
subdivision shall be doubled. (Penal Code § 374.3 (e).)
6) Provides that the court may require, in addition to any fine imposed upon a
conviction, that, as a condition of probation the probationer remove, or pay the
cost of removing, any waste matter which the convicted person dumped or
caused to be dumped upon public or private property. (Penal Code § 374.3 (f).)
7) States that except when the court requires the convicted person to remove waste
matter for which he or she is responsible for dumping as a condition of
probation, the court may require the probation to pick up waste matter at a time
and place within the jurisdiction of the court for not less than 12 hours. (Penal
Code § 374.3 (g).)
8) States that a person who illegally dumps waste matter in commercial quantities
is guilty of a misdemeanor punishable by imprisonment in a county jail for not
more than six months and by a fine. The fine is mandatory and shall amount to
not less than $1,000 nor more than $3,000 upon a first conviction, not less than
AB 2374
Page 3
$3,000 nor more than $6,000 upon a second conviction, and not less than
$6,000 nor more than $10,000 upon a third or subsequent conviction. (Penal
Code § 374.3 (h)(1).)
9) Defines “commercial quantities” as an amount of waste matter generated in the
course of a trade, business, profession, or occupation, or an amount equal to or
in excess of one cubic yard. (Penal Code § 374.3 (h)(2).)
This bill:
1) Increases the maximum mandatory fine for illegally placing, depositing,
dumping, or causing to be placed, deposited or dumped, waste matter in
commercial quantities by a person employing more than 10 full-time
employees, as follows:
a) From not more than $3,000 for the first offense to not more than $5,000;
b) From not more than $6,000 for the second conviction to not more than
$10,000; and,
c) From not more than $10,000 for a third or subsequent conviction to not more
than $20,000.
2) Requires the court to order person convicted of illegal dumping, as specified, to
remove, or pay the cost of removing, any waste matter which the convicted
person dumped or caused to be dumped on public or private property.
3) Requires the court, if that person holds a license or permit to conduct business
that is substantially related to the conviction, to notify the applicable licensing
or permitting entity, if any, that a licensee or permittee had been convicted of
illegal dumping.
4) Requires the licensing or permitting entity to record and post the conviction on
the public profile of the licensee or permittee on the entity's website.
5) Provides that any fine shall be based on the person's ability to pay including,
but not limited to, consideration of the following:
a) The defendant's present financial position;
b) The defendant's reasonably discernible future financial position, provided
that the court shall not consider a period of more than one year from the date
of the hearing for purposes of determining the reasonably discernible future
financial position of the defendant;
AB 2374
Page 4
c) The likelihood that the defendant will be able to obtain employment within
one year from the date of the hearing; and,
d) Any other factor that may bear upon the defendant's financial capability to
pay the fine.
Comments
According to the author:
Illegal dumping has been a serious problem in California for many years.
Illegal dumping occurs when solid wastes are discarded or caused to be
dumped or placed on any property, either public or private, without proper
authorization or legitimate purpose. Illegal dumping is a crime of
convenience often by repeat offenders for economic gain. Materials illegally
dumped range from household items such as mattresses, furniture, and large
appliances to other more traditional commercial business items such as tires,
hazardous waste, rock, concrete, asphalt, and dirt.
Illegal dumping is an increasing problem that poses significant health,
social, environmental, and economic impacts on communities. Illegal
dumping contributes to a loss of community pride, discourages investment
and development, decreases property values, and increases a community’s
vulnerability to crime.
Existing law prohibits the dumping of waste matter upon a road or highway
or in other locations. A violation of this prohibition, generally, is an
infraction punishable by specific fines that escalate for subsequent
convictions. Under existing law, the court may, as a condition of probation,
order the convicted person to remove, or pay for the removal of the waste
matter. Under existing law, the dumping of commercial quantities of waste
is punishable as a misdemeanor and includes escalating fines.
Commercial businesses have been caught illegally dumping in an attempt to
“cut corners” and maximize their total profit. Violators assume little risk in
doing so because it is economically feasible, as the fines for violating illegal
dumping laws are relatively minimal.
Existing penalties do not serve as an adequate deterrent. Additionally,
district attorneys throughout California report having difficulty in
prosecuting cases.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
AB 2374
Page 5
SUPPORT: (Verified 6/27/22)
Contra Costa County (source)
California District Attorneys Association
California State Sheriffs' Association
Contractors State License Board
East Bay Municipal Utility District
Los Angeles County District Attorney's Office
Los Angeles County Solid Waste Management Committee/Integrated Waste
Management Task Force
Rural County Representatives of California
OPPOSITION: (Verified 6/27/22)
None received
ASSEMBLY FLOOR: 69-0, 5/16/22
AYES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bigelow, Bloom,
Boerner Horvath, Mia Bonta, Bryan, Calderon, Carrillo, Cervantes, Chen, Choi,
Cooley, Cooper, Megan Dahle, Daly, Davies, Flora, Mike Fong, Fong,
Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gray,
Grayson, Haney, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Lee,
Levine, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, O'Donnell,
Patterson, Petrie-Norris, Quirk, Ramos, Reyes, Luz Rivas, Robert Rivas,
Rodriguez, Salas, Santiago, Seyarto, Smith, Stone, Valladares, Villapudua,
Voepel, Waldron, Ward, Akilah Weber, Wicks, Wilson, Wood, Rendon
NO VOTE RECORDED: Bennett, Cunningham, Low, Muratsuchi, Nazarian,
Nguyen, Quirk-Silva, Blanca Rubio, Ting
Prepared by: Mary Kennedy / PUB. S. /
6/28/22 14:30:50
**** END ****
AMENDED IN ASSEMBLY AUGUST 15, 2022
AMENDED IN ASSEMBLY JUNE 20, 2022
AMENDED IN ASSEMBLY AUGUST 23, 2021
AMENDED IN SENATE APRIL 12, 2021
AMENDED IN SENATE MARCH 8, 2021
SENATE BILL No. 6
Introduced by Senators Caballero, Eggman, and Rubio
(Principal coauthors: Senators Atkins, Durazo, Gonzalez, Hertzberg,
and Wiener)
(Coauthors: Senators Cortese, Hueso, Roth, and McGuire)
(Coauthors: Assembly Members Arambula, Carrillo, Cooper, Gipson,
Quirk-Silva, and Robert Rivas)
December 7, 2020
An act to amend Section 65913.4 of, and to add and repeal Section
65852.23 of, the Government Code, relating to land use.
legislative counsel’s digest
SB 6, as amended, Caballero. Local planning: housing: commercial
zones.
The Planning and Zoning Law requires each county and city to adopt
a comprehensive, long-term general plan for its physical development,
and the development of certain lands outside its boundaries, that
includes, among other mandatory elements, a housing element. Existing
law requires that the housing element include, among other things, an
inventory of land suitable and available for residential development. If
the inventory of sites does not identify adequate sites to accommodate
the need for groups of all households pursuant to specified law, existing
94
law requires the local government to rezone sites within specified time
periods and that this rezoning accommodate 100% of the need for
housing for very low and low-income households on sites that will be
zoned to permit owner-occupied and rental multifamily residential use
by right for specified developments.
This bill, the Neighborhood Homes Act, would deem a housing
development project, as defined, an allowable use on a parcel that is
within a zone where office, retail, or parking are a principally permitted
use, if the development and site meet specified requirements, including
that the site is not adjacent to an industrial use or agricultural use. The
bill would require the density for a housing development under these
provisions to meet or exceed the density deemed appropriate to
accommodate housing for lower income households according to the
type of local jurisdiction, including a density of at least 20 units per
acre for a suburban jurisdiction. The bill would require the housing
development to meet all other local requirements, other than those that
prohibit residential use, or allow residential use at a lower density than
that required by the bill. The bill would provide that a housing
development under these provisions is subject to the local zoning,
parking, design, and other ordinances, local code requirements, and
procedures applicable to the processing and permitting of a housing
development in a zone that allows for the housing with the density
required by the act. If more than one zoning designation of the local
agency allows for housing with the density required by the act, the bill
would require that the zoning standards that apply to the closest parcel
that allows residential use at a density that meets the requirements of
the act would apply. If the existing zoning designation allows residential
use at a density greater than that required by the act, the bill would
require that the existing zoning designation for the parcel would apply.
The bill would also require that a housing development under these
provisions comply with public notice, comment, hearing, or other
procedures applicable to a housing development in a zone with the
applicable density. The bill would require that the housing development
is subject to a recorded deed restriction with a 15% affordability
requirement, as provided. The bill would require that a developer either
certify that the development is a public work, as defined, or is not in
its entirety a public work, but that all construction workers will be paid
prevailing wages, as provided, or certify that a skilled and trained
workforce, as defined, will be used to perform all construction work
on the development, as provided. The bill would require a local agency
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— 2 — SB 6
to require that a rental of any unit created pursuant to the bill’s
provisions be for a term longer than 30 days. The bill would authorize
a local agency to exempt a parcel from these provisions in its land use
element of the general plan if the local agency makes written findings
supported by substantial evidence that the local agency concurrently
reallocated the lost residential density to other lots so that there is no
net loss in residential density in the jurisdiction, as provided. The bill
would specify that it does not alter or affect the application of any
housing, environmental, or labor law applicable to a housing
development authorized by these provisions, including, but not limited
to, the California Coastal Act, the California Environmental Quality
Act, the Housing Accountability Act, obligations to affirmatively further
fair housing, and any state or local affordability laws or tenant protection
laws. The bill would require an applicant of a housing development
under these provisions to provide notice of a pending application to
each commercial tenant of the parcel. The bill would require the
Department of Housing and Community Development to undertake at
least 2 studies of the outcomes of these provisions that include specified
information, including, among other things, the number of projects built
and the number of units built. The bill would repeal these provisions
on January 1, 2029.
The bill would include findings that changes proposed by the
Neighborhood Homes Act address a matter of statewide concern rather
than a municipal affair and, therefore, apply to all cities, including
charter cities.
The Housing Accountability Act, which is part of the Planning and
Zoning Law, prohibits a local agency from disapproving, or conditioning
approval in a manner that renders infeasible, a housing development
project, as defined for purposes of the act, for very low, low-, or
moderate-income households or an emergency shelter unless the local
agency makes specified written findings based on a preponderance of
the evidence in the record. That act states that it shall not be construed
to prohibit a local agency from requiring a housing development project
to comply with objective, quantifiable, written development standards,
conditions, and policies appropriate to, and consistent with, meeting
the jurisdiction’s share of the regional housing need, except as provided.
That act further provides that a housing development project or
emergency shelter shall be deemed consistent, compliant, and in
conformity with an applicable plan, program, policy, ordinance,
standard, requirement, or other similar provision if there is substantial
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SB 6 — 3 —
evidence that would allow a reasonable person to conclude that the
housing development project or emergency shelter is consistent,
compliant, or in conformity.
The bill would provide that for purposes of the Housing
Accountability Act, a proposed housing development project is
consistent, compliant, and in conformity with an applicable plan,
program, policy, ordinance, standard, requirement, or other similar
provision if the housing development project is consistent with the
standards applied to the parcel pursuant to specified provisions of the
Neighborhood Homes Act and if none of the square footage in the
project is designated for hotel, motel, bed and breakfast inn, or other
transient lodging use, except for a residential hotel, as defined.
The Planning and Zoning Law, until January 1, 2026, also authorizes
a development proponent to submit an application for a multifamily
housing development that is subject to a streamlined, ministerial
approval process, as provided, and not subject to a conditional use
permit, if the development satisfies specified objective planning
standards, including a requirement that the site on which the
development is proposed is zoned for residential use or residential
mixed-use development, or has a general plan designation that allows
residential use or a mix of residential and nonresidential uses, with at
least 2⁄3 of the square footage of the development designated for
residential use. Under that law, the proposed development is also
required to be consistent with objective zoning standards, objective
subdivision standards, and objective design review standards in effect
at the time the development is submitted to the local government.
This bill would permit the development to be proposed for a site
consistent with the above-described Neighborhood Homes Act if the
site has had no commercial tenants on 50% or more of its total usable
net interior square footage for a period of at least 3 years prior to the
submission of the application. The bill would also provide that a project
shall be deemed consistent with objective zoning standards, objective
design standards, and objective subdivision standards if the project is
consistent with the applicable provisions of the Neighborhood Homes
Act.
By expanding the crime of perjury and imposing new duties on local
agencies with regard to local planning and zoning, this bill would impose
a state-mandated local program.
94
— 4 — SB 6
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 specified reasons.
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 65852.23 is added to the Government
line 2 Code, to read:
line 3 65852.23. (a) (1) This section shall be known, and may be
line 4 cited, as the Neighborhood Homes Act.
line 5 (2) The Legislature finds and declares that creating more
line 6 affordable housing is critical to the achievement of regional
line 7 housing needs assessment goals, and that housing units developed
line 8 at higher densities may generate affordability by design for
line 9 California residents, without the necessity of public subsidies,
line 10 income eligibility, occupancy restrictions, lottery procedures, or
line 11 other legal requirements applicable to deed restricted affordable
line 12 housing to serve very low and low-income residents and special
line 13 needs residents.
line 14 (b) A housing development project shall be deemed an allowable
line 15 use on a parcel that is within a zone where office, retail, or parking
line 16 are a principally permitted use if it complies with all of the
line 17 following:
line 18 (1) (A) The density for the housing development shall meet or
line 19 exceed the applicable density deemed appropriate to accommodate
line 20 housing for lower income households in that jurisdiction as
line 21 specified in subparagraph (B) of paragraph (3) of subdivision (c)
line 22 of Section 65583.2.
line 23 (2) (A) The housing development shall be subject to local
line 24 zoning, parking, design, and other ordinances, local code
line 25 requirements, and procedures applicable to the processing and
line 26 permitting of a housing development in a zone that allows for the
line 27 housing with the density described in paragraph (1).
line 28 (B) If more than one zoning designation of the local agency
line 29 allows for housing with the density described in paragraph (1), the
line 30 zoning standards applicable to a parcel that allows residential use
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SB 6 — 5 —
line 1 pursuant to this section shall be the zoning standards that apply to
line 2 the closest parcel that allows residential use at a density that meets
line 3 the requirements of paragraph (1).
line 4 (C) If the existing zoning designation for the parcel, as adopted
line 5 by the local government, allows residential use at a density greater
line 6 than that required in paragraph (1), the existing zoning designation
line 7 shall apply.
line 8 (3) The housing development shall comply with any public
line 9 notice, comment, hearing, or other procedures imposed by the
line 10 local agency on a housing development in the applicable zoning
line 11 designation identified in paragraph (2).
line 12 (4) The housing development shall be subject to a recorded deed
line 13 restriction requiring that at least 15 percent of the units have an
line 14 affordable housing cost or affordable rent for lower income
line 15 households.
line 16 (5) All other local requirements for a parcel, other than those
line 17 that prohibit residential use, or allow residential use at a lower
line 18 density than provided in paragraph (1).
line 19 (6) The developer has done both of the following:
line 20 (A) Certified to the local agency that either of the following is
line 21 true:
line 22 (i) The entirety of the development is a public work for purposes
line 23 of Chapter 1 (commencing with Section 1720) of Part 7 of Division
line 24 2 of the Labor Code.
line 25 (ii) The development is not in its entirety a public work for
line 26 which prevailing wages must be paid under Article 2 (commencing
line 27 with Section 1720) of Chapter 1 of Part 2 of Division 2 of the
line 28 Labor Code, but all construction workers employed on construction
line 29 of the development will be paid at least the general prevailing rate
line 30 of per diem wages for the type of work and geographic area, as
line 31 determined by the Director of Industrial Relations pursuant to
line 32 Sections 1773 and 1773.9 of the Labor Code, except that
line 33 apprentices registered in programs approved by the Chief of the
line 34 Division of Apprenticeship Standards may be paid at least the
line 35 applicable apprentice prevailing rate. If the development is subject
line 36 to this subparagraph, then for those portions of the development
line 37 that are not a public work all of the following shall apply:
line 38 (I) The developer shall ensure that the prevailing wage
line 39 requirement is included in all contracts for the performance of all
line 40 construction work.
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line 1 (II) All contractors and subcontractors shall pay to all
line 2 construction workers employed in the execution of the work at
line 3 least the general prevailing rate of per diem wages, except that
line 4 apprentices registered in programs approved by the Chief of the
line 5 Division of Apprenticeship Standards may be paid at least the
line 6 applicable apprentice prevailing rate.
line 7 (III) Except as provided in subclause (V), all contractors and
line 8 subcontractors shall maintain and verify payroll records pursuant
line 9 to Section 1776 of the Labor Code and make those records
line 10 available for inspection and copying as provided therein.
line 11 (IV) Except as provided in subclause (V), the obligation of the
line 12 contractors and subcontractors to pay prevailing wages may be
line 13 enforced by the Labor Commissioner through the issuance of a
line 14 civil wage and penalty assessment pursuant to Section 1741 of the
line 15 Labor Code, which may be reviewed pursuant to Section 1742 of
line 16 the Labor Code, within 18 months after the completion of the
line 17 development, or by an underpaid worker through an administrative
line 18 complaint or civil action, or by a joint labor-management
line 19 committee though a civil action under Section 1771.2 of the Labor
line 20 Code. If a civil wage and penalty assessment is issued, the
line 21 contractor, subcontractor, and surety on a bond or bonds issued to
line 22 secure the payment of wages covered by the assessment shall be
line 23 liable for liquidated damages pursuant to Section 1742.1 of the
line 24 Labor Code.
line 25 (V) Subclauses (III) and (IV) shall not apply if all contractors
line 26 and subcontractors performing work on the development are subject
line 27 to a project labor agreement that requires the payment of prevailing
line 28 wages to all construction workers employed in the execution of
line 29 the development and provides for enforcement of that obligation
line 30 through an arbitration procedure. For purposes of this clause,
line 31 “project labor agreement” has the same meaning as set forth in
line 32 paragraph (1) of subdivision (b) of Section 2500 of the Public
line 33 Contract Code.
line 34 (VI) Notwithstanding subdivision (c) of Section 1773.1 of the
line 35 Labor Code, the requirement that employer payments not reduce
line 36 the obligation to pay the hourly straight time or overtime wages
line 37 found to be prevailing shall not apply if otherwise provided in a
line 38 bona fide collective bargaining agreement covering the worker.
line 39 The requirement to pay at least the general prevailing rate of per
line 40 diem wages does not preclude use of an alternative workweek
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SB 6 — 7 —
line 1 schedule adopted pursuant to Section 511 or 514 of the Labor
line 2 Code.
line 3 (B) Certified to the local agency that a skilled and trained
line 4 workforce will be used to perform all construction work on the
line 5 development.
line 6 (i) For purposes of this section, “skilled and trained workforce”
line 7 has the same meaning as provided in Chapter 2.9 (commencing
line 8 with Section 2600) of Part 1 of Division 2 of the Public Contract
line 9 Code.
line 10 (ii) If the developer has certified that a skilled and trained
line 11 workforce will be used to construct all work on development and
line 12 the application is approved, the following shall apply:
line 13 (I) The developer shall require in all contracts for the
line 14 performance of work that every contractor and subcontractor at
line 15 every tier will individually use a skilled and trained workforce to
line 16 construct the development.
line 17 (II) Every contractor and subcontractor shall use a skilled and
line 18 trained workforce to construct the development.
line 19 (III) Except as provided in subclause (IV), the developer shall
line 20 provide to the local agency, on a monthly basis while the
line 21 development or contract is being performed, a report demonstrating
line 22 compliance with Chapter 2.9 (commencing with Section 2600) of
line 23 Part 1 of Division 2 of the Public Contract Code. A monthly report
line 24 provided to the local government pursuant to this subclause shall
line 25 be a public record under the California Public Records Act (Chapter
line 26 3.5 (commencing with Section 6250) of Division 7 of Title 1) and
line 27 shall be open to public inspection. A developer that fails to provide
line 28 a monthly report demonstrating compliance with Chapter 2.9
line 29 (commencing with Section 2600) of Part 1 of Division 2 of the
line 30 Public Contract Code shall be subject to a civil penalty of ten
line 31 thousand dollars ($10,000) per month for each month for which
line 32 the report has not been provided. Any contractor or subcontractor
line 33 that fails to use a skilled and trained workforce shall be subject to
line 34 a civil penalty of two hundred dollars ($200) per day for each
line 35 worker employed in contravention of the skilled and trained
line 36 workforce requirement. Penalties may be assessed by the Labor
line 37 Commissioner within 18 months of completion of the development
line 38 using the same procedures for issuance of civil wage and penalty
line 39 assessments pursuant to Section 1741 of the Labor Code, and may
line 40 be reviewed pursuant to the same procedures in Section 1742 of
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— 8 — SB 6
line 1 the Labor Code. Penalties shall be paid to the State Public Works
line 2 Enforcement Fund.
line 3 (IV) Subclause (III) shall not apply if all contractors and
line 4 subcontractors performing work on the development are subject
line 5 to a project labor agreement that requires compliance with the
line 6 skilled and trained workforce requirement and provides for
line 7 enforcement of that obligation through an arbitration procedure.
line 8 For purposes of this subparagraph, “project labor agreement” has
line 9 the same meaning as set forth in paragraph (1) of subdivision (b)
line 10 of Section 2500 of the Public Contract Code.
line 11 (c) A local agency shall require that a rental of any unit created
line 12 pursuant to this section be for a term longer than 30 days.
line 13 (d) (1) A local agency may exempt a parcel from this section
line 14 if the local agency makes written findings supported by substantial
line 15 evidence of either of the following:
line 16 (A) The local agency concurrently reallocated the lost residential
line 17 density to other lots so that there is no net loss in residential density
line 18 in the jurisdiction.
line 19 (B) The lost residential density from each exempted parcel can
line 20 be accommodated on a site or sites allowing residential densities
line 21 at or above those specified in paragraph (2) of subdivision (b) and
line 22 in excess of the acreage required to accommodate the local
line 23 agency’s share of housing for lower income households.
line 24 (2) A local agency may reallocate the residential density from
line 25 an exempt parcel pursuant to this subdivision only if the site or
line 26 sites chosen by the local agency to which the residential density
line 27 is reallocated meet both of the following requirements:
line 28 (A) The site or sites are suitable for residential development.
line 29 For purposes of this subparagraph, “site or sites suitable for
line 30 residential development” shall have the same meaning as “land
line 31 suitable for residential development,” as defined in Section
line 32 65583.2.
line 33 (B) The site or sites are subject to an ordinance that allows for
line 34 development by right.
line 35 (e) (1) This section does not alter or lessen the applicability of
line 36 any housing, environmental, or labor law applicable to a housing
line 37 development authorized by this section, including, but not limited
line 38 to, the following:
line 39 (A) The California Coastal Act of 1976 (Division 20
line 40 (commencing with Section 30000) of the Public Resources Code).
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SB 6 — 9 —
line 1 (B) The California Environmental Quality Act (Division 13
line 2 (commencing with Section 21000) of the Public Resources Code).
line 3 (C) The Housing Accountability Act (Section 65589.5).
line 4 (D) The Density Bonus Law (Section 65915).
line 5 (E) Obligations to affirmatively further fair housing, pursuant
line 6 to Section 8899.50.
line 7 (F) State or local affordable housing laws.
line 8 (G) State or local tenant protection laws.
line 9 (2) All local demolition ordinances shall apply to a project
line 10 developed pursuant to this section.
line 11 (3) For purposes of the Housing Accountability Act (Section
line 12 65589.5), a proposed housing development project that is consistent
line 13 with the provisions of subdivision (b) shall be deemed consistent,
line 14 compliant, and in conformity with an applicable plan, program,
line 15 policy, ordinance, standard, requirement, or other similar provision.
line 16 (4) Notwithstanding any other provision of this section, for
line 17 purposes of the Density Bonus Law (Section 65915), an applicant
line 18 for a housing development under this section may apply for a
line 19 density bonus pursuant to Section 65915.
line 20 (f) An applicant for a housing development under this section
line 21 shall provide written notice of the pending application to each
line 22 commercial tenant on the parcel when the application is submitted.
line 23 (g) Notwithstanding Section 65913.4, a project subject to this
line 24 section shall not be eligible for streamlining pursuant to Section
line 25 65913.4 if it meets either of the following conditions:
line 26 (1) The site has previously been developed pursuant to Section
line 27 65913.4 with a project of 10 units or fewer.
line 28 (2) The developer of the project or any person acting in concert
line 29 with the developer has previously proposed a project pursuant to
line 30 Section 65913.4 of 10 units or fewer on the same or an adjacent
line 31 site.
line 32 (h) Each local agency shall include the number of sites
line 33 developed and the number of units constructed pursuant to this
line 34 section in its annual progress report required pursuant to paragraph
line 35 (2) of subdivision (a) of Section 65400.
line 36 (i) The Department of Housing and Community Development
line 37 shall undertake at least two studies of the outcomes of this section,
line 38 one on or before January 1, 2026, and one on or before January
line 39 1, 2028. These studies shall include, but not be limited to, the
line 40 number of projects built, the number of units built, the
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line 1 jurisdictional and regional location of the housing, the relative
line 2 wealth and access to resources of the communities in which they
line 3 are built, the level of affordability, the effect on greenhouse gas
line 4 emissions, and the creation of construction jobs.
line 5 (i)
line 6 (j) For purposes of this section:
line 7 (1) “Housing development project” means a project consisting
line 8 of any of the following:
line 9 (A) Residential units only.
line 10 (B) Mixed-use developments consisting of residential and
line 11 nonresidential retail commercial or office uses, and at least 50
line 12 percent of the square footage of the new construction associated
line 13 with the project is designated for residential use. None of the square
line 14 footage of any such development shall be designated for hotel,
line 15 motel, bed and breakfast inn, or other transient lodging use, except
line 16 for a residential hotel.
line 17 (2) “Local agency” means a city, including a charter city, county,
line 18 or a city and county.
line 19 (3) “Office or retail commercial zone” means any commercial
line 20 zone, except for zones where office uses and retail uses are not
line 21 permitted, or are permitted only as an accessory use.
line 22 (4) “Residential hotel” has the same meaning as defined in
line 23 Section 50519 of the Health and Safety Code.
line 24 (i)
line 25 (k) The Legislature finds and declares that ensuring access to
line 26 affordable housing is a matter of statewide concern and is not a
line 27 municipal affair as that term is used in Section 5 of Article XI of
line 28 the California Constitution. Therefore, this section applies to all
line 29 cities, including charter cities.
line 30 (j)
line 31 (l) This section shall remain in effect only until January 1, 2029,
line 32 and as of that date is repealed.
line 33 SEC. 2. Section 65913.4 of the Government Code is amended
line 34 to read:
line 35 65913.4. (a) A development proponent may submit an
line 36 application for a development that is subject to the streamlined,
line 37 ministerial approval process provided by subdivision (c) and is
line 38 not subject to a conditional use permit if the development complies
line 39 with subdivision (b) and satisfies all of the following objective
line 40 planning standards:
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SB 6 — 11 —
line 1 (1) The development is a multifamily housing development that
line 2 contains two or more residential units.
line 3 (2) The development and the site on which it is located satisfy
line 4 all of the following:
line 5 (A) It is a legal parcel or parcels located in a city if, and only
line 6 if, the city boundaries include some portion of either an urbanized
line 7 area or urban cluster, as designated by the United States Census
line 8 Bureau, or, for unincorporated areas, a legal parcel or parcels
line 9 wholly within the boundaries of an urbanized area or urban cluster,
line 10 as designated by the United States Census Bureau.
line 11 (B) At least 75 percent of the perimeter of the site adjoins parcels
line 12 that are developed with urban uses. For the purposes of this section,
line 13 parcels that are only separated by a street or highway shall be
line 14 considered to be adjoined.
line 15 (C) (i) A site that meets the requirements of clause (ii) and
line 16 satisfies any of the following:
line 17 (I) The site is zoned for residential use or residential mixed-use
line 18 development.
line 19 (II) The site has a general plan designation that allows residential
line 20 use or a mix of residential and nonresidential uses.
line 21 (III) The site is zoned for office or retail commercial use and
line 22 has had no commercial tenants on 50 percent or more of its total
line 23 usable net interior square footage for a period of at least three years
line 24 prior to the submission of the application.
line 25 (ii) At least two-thirds of the square footage of the development
line 26 is designated for residential use. Additional density, floor area,
line 27 and units, and any other concession, incentive, or waiver of
line 28 development standards granted pursuant to the Density Bonus Law
line 29 in Section 65915 shall be included in the square footage
line 30 calculation. The square footage of the development shall not
line 31 include underground space, such as basements or underground
line 32 parking garages.
line 33 (3) (A) The development proponent has committed to record,
line 34 prior to the issuance of the first building permit, a land use
line 35 restriction or covenant providing that any lower or moderate
line 36 income housing units required pursuant to subparagraph (B) of
line 37 paragraph (4) shall remain available at affordable housing costs
line 38 or rent to persons and families of lower or moderate income for
line 39 no less than the following periods of time:
line 40 (i) Fifty-five years for units that are rented.
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line 1 (ii) Forty-five years for units that are owned.
line 2 (B) The city or county shall require the recording of covenants
line 3 or restrictions implementing this paragraph for each parcel or unit
line 4 of real property included in the development.
line 5 (4) The development satisfies subparagraphs (A) and (B) below:
line 6 (A) Is located in a locality that the department has determined
line 7 is subject to this subparagraph on the basis that the number of units
line 8 that have been issued building permits, as shown on the most recent
line 9 production report received by the department, is less than the
line 10 locality’s share of the regional housing needs, by income category,
line 11 for that reporting period. A locality shall remain eligible under
line 12 this subparagraph until the department’s determination for the next
line 13 reporting period.
line 14 (B) The development is subject to a requirement mandating a
line 15 minimum percentage of below market rate housing based on one
line 16 of the following:
line 17 (i) The locality did not submit its latest production report to the
line 18 department by the time period required by Section 65400, or that
line 19 production report reflects that there were fewer units of above
line 20 moderate-income housing issued building permits than were
line 21 required for the regional housing needs assessment cycle for that
line 22 reporting period. In addition, if the project contains more than 10
line 23 units of housing, the project does either of the following:
line 24 (I) The project dedicates a minimum of 10 percent of the total
line 25 number of units to housing affordable to households making at or
line 26 below 80 percent of the area median income. However, if the
line 27 locality has adopted a local ordinance that requires that greater
line 28 than 10 percent of the units be dedicated to housing affordable to
line 29 households making below 80 percent of the area median income,
line 30 that local ordinance applies.
line 31 (II) (ia) If the project is located within the San Francisco Bay
line 32 area, the project, in lieu of complying with subclause (I), dedicates
line 33 20 percent of the total number of units to housing affordable to
line 34 households making below 120 percent of the area median income
line 35 with the average income of the units at or below 100 percent of
line 36 the area median income. However, a local ordinance adopted by
line 37 the locality applies if it requires greater than 20 percent of the units
line 38 be dedicated to housing affordable to households making at or
line 39 below 120 percent of the area median income, or requires that any
line 40 of the units be dedicated at a level deeper than 120 percent. In
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SB 6 — 13 —
line 1 order to comply with this subclause, the rent or sale price charged
line 2 for units that are dedicated to housing affordable to households
line 3 between 80 percent and 120 percent of the area median income
line 4 shall not exceed 30 percent of the gross income of the household.
line 5 (ib) For purposes of this subclause, “San Francisco Bay area”
line 6 means the entire area within the territorial boundaries of the
line 7 Counties of Alameda, Contra Costa, Marin, Napa, San Mateo,
line 8 Santa Clara, Solano, and Sonoma, and the City and County of San
line 9 Francisco.
line 10 (ii) The locality’s latest production report reflects that there
line 11 were fewer units of housing issued building permits affordable to
line 12 either very low income or low-income households by income
line 13 category than were required for the regional housing needs
line 14 assessment cycle for that reporting period, and the project seeking
line 15 approval dedicates 50 percent of the total number of units to
line 16 housing affordable to households making at or below 80 percent
line 17 of the area median income. However, if the locality has adopted
line 18 a local ordinance that requires that greater than 50 percent of the
line 19 units be dedicated to housing affordable to households making at
line 20 or below 80 percent of the area median income, that local ordinance
line 21 applies.
line 22 (iii) The locality did not submit its latest production report to
line 23 the department by the time period required by Section 65400, or
line 24 if the production report reflects that there were fewer units of
line 25 housing affordable to both income levels described in clauses (i)
line 26 and (ii) that were issued building permits than were required for
line 27 the regional housing needs assessment cycle for that reporting
line 28 period, the project seeking approval may choose between utilizing
line 29 clause (i) or (ii).
line 30 (C) (i) A development proponent that uses a unit of affordable
line 31 housing to satisfy the requirements of subparagraph (B) may also
line 32 satisfy any other local or state requirement for affordable housing,
line 33 including local ordinances or the Density Bonus Law in Section
line 34 65915, provided that the development proponent complies with
line 35 the applicable requirements in the state or local law.
line 36 (ii) A development proponent that uses a unit of affordable
line 37 housing to satisfy any other state or local affordability requirement
line 38 may also satisfy the requirements of subparagraph (B), provided
line 39 that the development proponent complies with applicable
line 40 requirements of subparagraph (B).
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line 1 (iii) A development proponent may satisfy the affordability
line 2 requirements of subparagraph (B) with a unit that is restricted to
line 3 households with incomes lower than the applicable income limits
line 4 required in subparagraph (B).
line 5 (5) The development, excluding any additional density or any
line 6 other concessions, incentives, or waivers of development standards
line 7 granted pursuant to the Density Bonus Law in Section 65915, is
line 8 consistent with objective zoning standards, objective subdivision
line 9 standards, and objective design review standards in effect at the
line 10 time that the development is submitted to the local government
line 11 pursuant to this section, or at the time a notice of intent is submitted
line 12 pursuant to subdivision (b), whichever occurs earlier. For purposes
line 13 of this paragraph, “objective zoning standards,” “objective
line 14 subdivision standards,” and “objective design review standards”
line 15 mean standards that involve no personal or subjective judgment
line 16 by a public official and are uniformly verifiable by reference to
line 17 an external and uniform benchmark or criterion available and
line 18 knowable by both the development applicant or proponent and the
line 19 public official before submittal. These standards may be embodied
line 20 in alternative objective land use specifications adopted by a city
line 21 or county, and may include, but are not limited to, housing overlay
line 22 zones, specific plans, inclusionary zoning ordinances, and density
line 23 bonus ordinances, subject to the following:
line 24 (A) A development shall be deemed consistent with the objective
line 25 zoning standards related to housing density, as applicable, if the
line 26 density proposed is compliant with the maximum density allowed
line 27 within that land use designation, notwithstanding any specified
line 28 maximum unit allocation that may result in fewer units of housing
line 29 being permitted.
line 30 (B) In the event that objective zoning, general plan, subdivision,
line 31 or design review standards are mutually inconsistent, a
line 32 development shall be deemed consistent with the objective zoning
line 33 and subdivision standards pursuant to this subdivision if the
line 34 development is consistent with the standards set forth in the general
line 35 plan.
line 36 (C) It is the intent of the Legislature that the objective zoning
line 37 standards, objective subdivision standards, and objective design
line 38 review standards described in this paragraph be adopted or
line 39 amended in compliance with the requirements of Chapter 905 of
line 40 the Statutes of 2004.
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line 1 (D) The amendments to this subdivision made by the act adding
line 2 this subparagraph do not constitute a change in, but are declaratory
line 3 of, existing law.
line 4 (E) A project that satisfies the requirements of Section 65852.23
line 5 shall be deemed consistent with objective zoning standards,
line 6 objective design standards, and objective subdivision standards if
line 7 the project is consistent with the provisions of subdivision (b) of
line 8 Section 65852.23 and if none of the square footage in the project
line 9 is designated for hotel, motel, bed and breakfast inn, or other
line 10 transient lodging use, except for a residential hotel. For purposes
line 11 of this subdivision, “residential hotel” shall have the same meaning
line 12 as defined in Section 50519 of the Health and Safety Code.
line 13 (6) The development is not located on a site that is any of the
line 14 following:
line 15 (A) A coastal zone, as defined in Division 20 (commencing
line 16 with Section 30000) of the Public Resources Code.
line 17 (B) Either prime farmland or farmland of statewide importance,
line 18 as defined pursuant to United States Department of Agriculture
line 19 land inventory and monitoring criteria, as modified for California,
line 20 and designated on the maps prepared by the Farmland Mapping
line 21 and Monitoring Program of the Department of Conservation, or
line 22 land zoned or designated for agricultural protection or preservation
line 23 by a local ballot measure that was approved by the voters of that
line 24 jurisdiction.
line 25 (C) Wetlands, as defined in the United States Fish and Wildlife
line 26 Service Manual, Part 660 FW 2 (June 21, 1993).
line 27 (D) Within a very high fire hazard severity zone, as determined
line 28 by the Department of Forestry and Fire Protection pursuant to
line 29 Section 51178, or within a high or very high fire hazard severity
line 30 zone as indicated on maps adopted by the Department of Forestry
line 31 and Fire Protection pursuant to Section 4202 of the Public
line 32 Resources Code. This subparagraph does not apply to sites
line 33 excluded from the specified hazard zones by a local agency,
line 34 pursuant to subdivision (b) of Section 51179, or sites that have
line 35 adopted fire hazard mitigation measures pursuant to existing
line 36 building standards or state fire mitigation measures applicable to
line 37 the development.
line 38 (E) A hazardous waste site that is listed pursuant to Section
line 39 65962.5 or a hazardous waste site designated by the Department
line 40 of Toxic Substances Control pursuant to Section 25356 of the
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line 1 Health and Safety Code, unless the State Department of Public
line 2 Health, State Water Resources Control Board, or Department of
line 3 Toxic Substances Control has cleared the site for residential use
line 4 or residential mixed uses.
line 5 (F) Within a delineated earthquake fault zone as determined by
line 6 the State Geologist in any official maps published by the State
line 7 Geologist, unless the development complies with applicable seismic
line 8 protection building code standards adopted by the California
line 9 Building Standards Commission under the California Building
line 10 Standards Law (Part 2.5 (commencing with Section 18901) of
line 11 Division 13 of the Health and Safety Code), and by any local
line 12 building department under Chapter 12.2 (commencing with Section
line 13 8875) of Division 1 of Title 2.
line 14 (G) Within a special flood hazard area subject to inundation by
line 15 the 1 percent annual chance flood (100-year flood) as determined
line 16 by the Federal Emergency Management Agency in any official
line 17 maps published by the Federal Emergency Management Agency.
line 18 If a development proponent is able to satisfy all applicable federal
line 19 qualifying criteria in order to provide that the site satisfies this
line 20 subparagraph and is otherwise eligible for streamlined approval
line 21 under this section, a local government shall not deny the application
line 22 on the basis that the development proponent did not comply with
line 23 any additional permit requirement, standard, or action adopted by
line 24 that local government that is applicable to that site. A development
line 25 may be located on a site described in this subparagraph if either
line 26 of the following are met:
line 27 (i) The site has been subject to a Letter of Map Revision
line 28 prepared by the Federal Emergency Management Agency and
line 29 issued to the local jurisdiction.
line 30 (ii) The site meets Federal Emergency Management Agency
line 31 requirements necessary to meet minimum flood plain management
line 32 criteria of the National Flood Insurance Program pursuant to Part
line 33 59 (commencing with Section 59.1) and Part 60 (commencing
line 34 with Section 60.1) of Subchapter B of Chapter I of Title 44 of the
line 35 Code of Federal Regulations.
line 36 (H) Within a regulatory floodway as determined by the Federal
line 37 Emergency Management Agency in any official maps published
line 38 by the Federal Emergency Management Agency, unless the
line 39 development has received a no-rise certification in accordance
line 40 with Section 60.3(d)(3) of Title 44 of the Code of Federal
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SB 6 — 17 —
line 1 Regulations. If a development proponent is able to satisfy all
line 2 applicable federal qualifying criteria in order to provide that the
line 3 site satisfies this subparagraph and is otherwise eligible for
line 4 streamlined approval under this section, a local government shall
line 5 not deny the application on the basis that the development
line 6 proponent did not comply with any additional permit requirement,
line 7 standard, or action adopted by that local government that is
line 8 applicable to that site.
line 9 (I) Lands identified for conservation in an adopted natural
line 10 community conservation plan pursuant to the Natural Community
line 11 Conservation Planning Act (Chapter 10 (commencing with Section
line 12 2800) of Division 3 of the Fish and Game Code), habitat
line 13 conservation plan pursuant to the federal Endangered Species Act
line 14 of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural
line 15 resource protection plan.
line 16 (J) Habitat for protected species identified as candidate,
line 17 sensitive, or species of special status by state or federal agencies,
line 18 fully protected species, or species protected by the federal
line 19 Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.),
line 20 the California Endangered Species Act (Chapter 1.5 (commencing
line 21 with Section 2050) of Division 3 of the Fish and Game Code), or
line 22 the Native Plant Protection Act (Chapter 10 (commencing with
line 23 Section 1900) of Division 2 of the Fish and Game Code).
line 24 (K) Lands under conservation easement.
line 25 (7) The development is not located on a site where any of the
line 26 following apply:
line 27 (A) The development would require the demolition of the
line 28 following types of housing:
line 29 (i) Housing that is subject to a recorded covenant, ordinance,
line 30 or law that restricts rents to levels affordable to persons and
line 31 families of moderate, low, or very low income.
line 32 (ii) Housing that is subject to any form of rent or price control
line 33 through a public entity’s valid exercise of its police power.
line 34 (iii) Housing that has been occupied by tenants within the past
line 35 10 years.
line 36 (B) The site was previously used for housing that was occupied
line 37 by tenants that was demolished within 10 years before the
line 38 development proponent submits an application under this section.
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line 1 (C) The development would require the demolition of a historic
line 2 structure that was placed on a national, state, or local historic
line 3 register.
line 4 (D) The property contains housing units that are occupied by
line 5 tenants, and units at the property are, or were, subsequently offered
line 6 for sale to the general public by the subdivider or subsequent owner
line 7 of the property.
line 8 (8) The development proponent has done both of the following,
line 9 as applicable:
line 10 (A) Certified to the locality that either of the following is true,
line 11 as applicable:
line 12 (i) The entirety of the development is a public work for purposes
line 13 of Chapter 1 (commencing with Section 1720) of Part 7 of Division
line 14 2 of the Labor Code.
line 15 (ii) If the development is not in its entirety a public work, that
line 16 all construction workers employed in the execution of the
line 17 development will be paid at least the general prevailing rate of per
line 18 diem wages for the type of work and geographic area, as
line 19 determined by the Director of Industrial Relations pursuant to
line 20 Sections 1773 and 1773.9 of the Labor Code, except that
line 21 apprentices registered in programs approved by the Chief of the
line 22 Division of Apprenticeship Standards may be paid at least the
line 23 applicable apprentice prevailing rate. If the development is subject
line 24 to this subparagraph, then for those portions of the development
line 25 that are not a public work all of the following shall apply:
line 26 (I) The development proponent shall ensure that the prevailing
line 27 wage requirement is included in all contracts for the performance
line 28 of the work.
line 29 (II) All contractors and subcontractors shall pay to all
line 30 construction workers employed in the execution of the work at
line 31 least the general prevailing rate of per diem wages, except that
line 32 apprentices registered in programs approved by the Chief of the
line 33 Division of Apprenticeship Standards may be paid at least the
line 34 applicable apprentice prevailing rate.
line 35 (III) Except as provided in subclause (V), all contractors and
line 36 subcontractors shall maintain and verify payroll records pursuant
line 37 to Section 1776 of the Labor Code and make those records
line 38 available for inspection and copying as provided therein.
line 39 (IV) Except as provided in subclause (V), the obligation of the
line 40 contractors and subcontractors to pay prevailing wages may be
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line 1 enforced by the Labor Commissioner through the issuance of a
line 2 civil wage and penalty assessment pursuant to Section 1741 of the
line 3 Labor Code, which may be reviewed pursuant to Section 1742 of
line 4 the Labor Code, within 18 months after the completion of the
line 5 development, by an underpaid worker through an administrative
line 6 complaint or civil action, or by a joint labor-management
line 7 committee through a civil action under Section 1771.2 of the Labor
line 8 Code. If a civil wage and penalty assessment is issued, the
line 9 contractor, subcontractor, and surety on a bond or bonds issued to
line 10 secure the payment of wages covered by the assessment shall be
line 11 liable for liquidated damages pursuant to Section 1742.1 of the
line 12 Labor Code.
line 13 (V) Subclauses (III) and (IV) shall not apply if all contractors
line 14 and subcontractors performing work on the development are subject
line 15 to a project labor agreement that requires the payment of prevailing
line 16 wages to all construction workers employed in the execution of
line 17 the development and provides for enforcement of that obligation
line 18 through an arbitration procedure. For purposes of this clause,
line 19 “project labor agreement” has the same meaning as set forth in
line 20 paragraph (1) of subdivision (b) of Section 2500 of the Public
line 21 Contract Code.
line 22 (VI) Notwithstanding subdivision (c) of Section 1773.1 of the
line 23 Labor Code, the requirement that employer payments not reduce
line 24 the obligation to pay the hourly straight time or overtime wages
line 25 found to be prevailing shall not apply if otherwise provided in a
line 26 bona fide collective bargaining agreement covering the worker.
line 27 The requirement to pay at least the general prevailing rate of per
line 28 diem wages does not preclude use of an alternative workweek
line 29 schedule adopted pursuant to Section 511 or 514 of the Labor
line 30 Code.
line 31 (B) (i) For developments for which any of the following
line 32 conditions apply, certified that a skilled and trained workforce
line 33 shall be used to complete the development if the application is
line 34 approved:
line 35 (I) On and after January 1, 2018, until December 31, 2021, the
line 36 development consists of 75 or more units with a residential
line 37 component that is not 100 percent subsidized affordable housing
line 38 and will be located within a jurisdiction located in a coastal or bay
line 39 county with a population of 225,000 or more.
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line 1 (II) On and after January 1, 2022, until December 31, 2025, the
line 2 development consists of 50 or more units with a residential
line 3 component that is not 100 percent subsidized affordable housing
line 4 and will be located within a jurisdiction located in a coastal or bay
line 5 county with a population of 225,000 or more.
line 6 (III) On and after January 1, 2018, until December 31, 2019,
line 7 the development consists of 75 or more units with a residential
line 8 component that is not 100 percent subsidized affordable housing
line 9 and will be located within a jurisdiction with a population of fewer
line 10 than 550,000 and that is not located in a coastal or bay county.
line 11 (IV) On and after January 1, 2020, until December 31, 2021,
line 12 the development consists of more than 50 units with a residential
line 13 component that is not 100 percent subsidized affordable housing
line 14 and will be located within a jurisdiction with a population of fewer
line 15 than 550,000 and that is not located in a coastal or bay county.
line 16 (V) On and after January 1, 2022, until December 31, 2025, the
line 17 development consists of more than 25 units with a residential
line 18 component that is not 100 percent subsidized affordable housing
line 19 and will be located within a jurisdiction with a population of fewer
line 20 than 550,000 and that is not located in a coastal or bay county.
line 21 (ii) For purposes of this section, “skilled and trained workforce”
line 22 has the same meaning as provided in Chapter 2.9 (commencing
line 23 with Section 2600) of Part 1 of Division 2 of the Public Contract
line 24 Code.
line 25 (iii) If the development proponent has certified that a skilled
line 26 and trained workforce will be used to complete the development
line 27 and the application is approved, the following shall apply:
line 28 (I) The applicant shall require in all contracts for the
line 29 performance of work that every contractor and subcontractor at
line 30 every tier will individually use a skilled and trained workforce to
line 31 complete the development.
line 32 (II) Every contractor and subcontractor shall use a skilled and
line 33 trained workforce to complete the development.
line 34 (III) Except as provided in subclause (IV), the applicant shall
line 35 provide to the locality, on a monthly basis while the development
line 36 or contract is being performed, a report demonstrating compliance
line 37 with Chapter 2.9 (commencing with Section 2600) of Part 1 of
line 38 Division 2 of the Public Contract Code. A monthly report provided
line 39 to the locality pursuant to this subclause shall be a public record
line 40 under the California Public Records Act (Chapter 3.5 (commencing
94
SB 6 — 21 —
line 1 with Section 6250) of Division 7 of Title 1) and shall be open to
line 2 public inspection. An applicant that fails to provide a monthly
line 3 report demonstrating compliance with Chapter 2.9 (commencing
line 4 with Section 2600) of Part 1 of Division 2 of the Public Contract
line 5 Code shall be subject to a civil penalty of ten thousand dollars
line 6 ($10,000) per month for each month for which the report has not
line 7 been provided. Any contractor or subcontractor that fails to use a
line 8 skilled and trained workforce shall be subject to a civil penalty of
line 9 two hundred dollars ($200) per day for each worker employed in
line 10 contravention of the skilled and trained workforce requirement.
line 11 Penalties may be assessed by the Labor Commissioner within 18
line 12 months of completion of the development using the same
line 13 procedures for issuance of civil wage and penalty assessments
line 14 pursuant to Section 1741 of the Labor Code, and may be reviewed
line 15 pursuant to the same procedures in Section 1742 of the Labor
line 16 Code. Penalties shall be paid to the State Public Works
line 17 Enforcement Fund.
line 18 (IV) Subclause (III) shall not apply if all contractors and
line 19 subcontractors performing work on the development are subject
line 20 to a project labor agreement that requires compliance with the
line 21 skilled and trained workforce requirement and provides for
line 22 enforcement of that obligation through an arbitration procedure.
line 23 For purposes of this subparagraph, “project labor agreement” has
line 24 the same meaning as set forth in paragraph (1) of subdivision (b)
line 25 of Section 2500 of the Public Contract Code.
line 26 (C) Notwithstanding subparagraphs (A) and (B), a development
line 27 that is subject to approval pursuant to this section is exempt from
line 28 any requirement to pay prevailing wages or use a skilled and
line 29 trained workforce if it meets both of the following:
line 30 (i) The project includes 10 or fewer units.
line 31 (ii) The project is not a public work for purposes of Chapter 1
line 32 (commencing with Section 1720) of Part 7 of Division 2 of the
line 33 Labor Code.
line 34 (9) The development did not or does not involve a subdivision
line 35 of a parcel that is, or, notwithstanding this section, would otherwise
line 36 be, subject to the Subdivision Map Act (Division 2 (commencing
line 37 with Section 66410)) or any other applicable law authorizing the
line 38 subdivision of land, unless the development is consistent with all
line 39 objective subdivision standards in the local subdivision ordinance,
line 40 and either of the following apply:
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line 1 (A) The development has received or will receive financing or
line 2 funding by means of a low-income housing tax credit and is subject
line 3 to the requirement that prevailing wages be paid pursuant to
line 4 subparagraph (A) of paragraph (8).
line 5 (B) The development is subject to the requirement that
line 6 prevailing wages be paid, and a skilled and trained workforce used,
line 7 pursuant to paragraph (8).
line 8 (10) The development shall not be upon an existing parcel of
line 9 land or site that is governed under the Mobilehome Residency Law
line 10 (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2
line 11 of Division 2 of the Civil Code), the Recreational Vehicle Park
line 12 Occupancy Law (Chapter 2.6 (commencing with Section 799.20)
line 13 of Title 2 of Part 2 of Division 2 of the Civil Code), the
line 14 Mobilehome Parks Act (Part 2.1 (commencing with Section 18200)
line 15 of Division 13 of the Health and Safety Code), or the Special
line 16 Occupancy Parks Act (Part 2.3 (commencing with Section 18860)
line 17 of Division 13 of the Health and Safety Code).
line 18 (b) (1) (A) (i) Before submitting an application for a
line 19 development subject to the streamlined, ministerial approval
line 20 process described in subdivision (c), the development proponent
line 21 shall submit to the local government a notice of its intent to submit
line 22 an application. The notice of intent shall be in the form of a
line 23 preliminary application that includes all of the information
line 24 described in Section 65941.1, as that section read on January 1,
line 25 2020.
line 26 (ii) Upon receipt of a notice of intent to submit an application
line 27 described in clause (i), the local government shall engage in a
line 28 scoping consultation regarding the proposed development with
line 29 any California Native American tribe that is traditionally and
line 30 culturally affiliated with the geographic area, as described in
line 31 Section 21080.3.1 of the Public Resources Code, of the proposed
line 32 development. In order to expedite compliance with this subdivision,
line 33 the local government shall contact the Native American Heritage
line 34 Commission for assistance in identifying any California Native
line 35 American tribe that is traditionally and culturally affiliated with
line 36 the geographic area of the proposed development.
line 37 (iii) The timeline for noticing and commencing a scoping
line 38 consultation in accordance with this subdivision shall be as follows:
line 39 (I) The local government shall provide a formal notice of a
line 40 development proponent’s notice of intent to submit an application
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SB 6 — 23 —
line 1 described in clause (i) to each California Native American tribe
line 2 that is traditionally and culturally affiliated with the geographic
line 3 area of the proposed development within 30 days of receiving that
line 4 notice of intent. The formal notice provided pursuant to this
line 5 subclause shall include all of the following:
line 6 (ia) A description of the proposed development.
line 7 (ib) The location of the proposed development.
line 8 (ic) An invitation to engage in a scoping consultation in
line 9 accordance with this subdivision.
line 10 (II) Each California Native American tribe that receives a formal
line 11 notice pursuant to this clause shall have 30 days from the receipt
line 12 of that notice to accept the invitation to engage in a scoping
line 13 consultation.
line 14 (III) If the local government receives a response accepting an
line 15 invitation to engage in a scoping consultation pursuant to this
line 16 subdivision, the local government shall commence the scoping
line 17 consultation within 30 days of receiving that response.
line 18 (B) The scoping consultation shall recognize that California
line 19 Native American tribes traditionally and culturally affiliated with
line 20 a geographic area have knowledge and expertise concerning the
line 21 resources at issue and shall take into account the cultural
line 22 significance of the resource to the culturally affiliated California
line 23 Native American tribe.
line 24 (C) The parties to a scoping consultation conducted pursuant
line 25 to this subdivision shall be the local government and any California
line 26 Native American tribe traditionally and culturally affiliated with
line 27 the geographic area of the proposed development. More than one
line 28 California Native American tribe traditionally and culturally
line 29 affiliated with the geographic area of the proposed development
line 30 may participate in the scoping consultation. However, the local
line 31 government, upon the request of any California Native American
line 32 tribe traditionally and culturally affiliated with the geographic area
line 33 of the proposed development, shall engage in a separate scoping
line 34 consultation with that California Native American tribe. The
line 35 development proponent and its consultants may participate in a
line 36 scoping consultation process conducted pursuant to this subdivision
line 37 if all of the following conditions are met:
line 38 (i) The development proponent and its consultants agree to
line 39 respect the principles set forth in this subdivision.
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line 1 (ii) The development proponent and its consultants engage in
line 2 the scoping consultation in good faith.
line 3 (iii) The California Native American tribe participating in the
line 4 scoping consultation approves the participation of the development
line 5 proponent and its consultants. The California Native American
line 6 tribe may rescind its approval at any time during the scoping
line 7 consultation, either for the duration of the scoping consultation or
line 8 with respect to any particular meeting or discussion held as part
line 9 of the scoping consultation.
line 10 (D) The participants to a scoping consultation pursuant to this
line 11 subdivision shall comply with all of the following confidentiality
line 12 requirements:
line 13 (i) Subdivision (r) of Section 6254.
line 14 (ii) Section 6254.10.
line 15 (iii) Subdivision (c) of Section 21082.3 of the Public Resources
line 16 Code.
line 17 (iv) Subdivision (d) of Section 15120 of Title 14 of the
line 18 California Code of Regulations.
line 19 (v) Any additional confidentiality standards adopted by the
line 20 California Native American tribe participating in the scoping
line 21 consultation.
line 22 (E) The California Environmental Quality Act (Division 13
line 23 (commencing with Section 21000) of the Public Resources Code)
line 24 shall not apply to a scoping consultation conducted pursuant to
line 25 this subdivision.
line 26 (2) (A) If, after concluding the scoping consultation, the parties
line 27 find that no potential tribal cultural resource would be affected by
line 28 the proposed development, the development proponent may submit
line 29 an application for the proposed development that is subject to the
line 30 streamlined, ministerial approval process described in subdivision
line 31 (c).
line 32 (B) If, after concluding the scoping consultation, the parties
line 33 find that a potential tribal cultural resource could be affected by
line 34 the proposed development and an enforceable agreement is
line 35 documented between the California Native American tribe and the
line 36 local government on methods, measures, and conditions for tribal
line 37 cultural resource treatment, the development proponent may submit
line 38 the application for a development subject to the streamlined,
line 39 ministerial approval process described in subdivision (c). The local
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SB 6 — 25 —
line 1 government shall ensure that the enforceable agreement is included
line 2 in the requirements and conditions for the proposed development.
line 3 (C) If, after concluding the scoping consultation, the parties
line 4 find that a potential tribal cultural resource could be affected by
line 5 the proposed development and an enforceable agreement is not
line 6 documented between the California Native American tribe and the
line 7 local government regarding methods, measures, and conditions
line 8 for tribal cultural resource treatment, the development shall not
line 9 be eligible for the streamlined, ministerial approval process
line 10 described in subdivision (c).
line 11 (D) For purposes of this paragraph, a scoping consultation shall
line 12 be deemed to be concluded if either of the following occur:
line 13 (i) The parties to the scoping consultation document an
line 14 enforceable agreement concerning methods, measures, and
line 15 conditions to avoid or address potential impacts to tribal cultural
line 16 resources that are or may be present.
line 17 (ii) One or more parties to the scoping consultation, acting in
line 18 good faith and after reasonable effort, conclude that a mutual
line 19 agreement on methods, measures, and conditions to avoid or
line 20 address impacts to tribal cultural resources that are or may be
line 21 present cannot be reached.
line 22 (E) If the development or environmental setting substantially
line 23 changes after the completion of the scoping consultation, the local
line 24 government shall notify the California Native American tribe of
line 25 the changes and engage in a subsequent scoping consultation if
line 26 requested by the California Native American tribe.
line 27 (3) A local government may only accept an application for
line 28 streamlined, ministerial approval pursuant to this section if one of
line 29 the following applies:
line 30 (A) A California Native American tribe that received a formal
line 31 notice of the development proponent’s notice of intent to submit
line 32 an application pursuant to subclause (I) of clause (iii) of
line 33 subparagraph (A) of paragraph (1) did not accept the invitation to
line 34 engage in a scoping consultation.
line 35 (B) The California Native American tribe accepted an invitation
line 36 to engage in a scoping consultation pursuant to subclause (II) of
line 37 clause (iii) of subparagraph (A) of paragraph (1) but substantially
line 38 failed to engage in the scoping consultation after repeated
line 39 documented attempts by the local government to engage the
line 40 California Native American tribe.
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line 1 (C) The parties to a scoping consultation pursuant to this
line 2 subdivision find that no potential tribal cultural resource will be
line 3 affected by the proposed development pursuant to subparagraph
line 4 (A) of paragraph (2).
line 5 (D) A scoping consultation between a California Native
line 6 American tribe and the local government has occurred in
line 7 accordance with this subdivision and resulted in agreement
line 8 pursuant to subparagraph (B) of paragraph (2).
line 9 (4) A project shall not be eligible for the streamlined, ministerial
line 10 process described in subdivision (c) if any of the following apply:
line 11 (A) There is a tribal cultural resource that is on a national, state,
line 12 tribal, or local historic register list located on the site of the project.
line 13 (B) There is a potential tribal cultural resource that could be
line 14 affected by the proposed development and the parties to a scoping
line 15 consultation conducted pursuant to this subdivision do not
line 16 document an enforceable agreement on methods, measures, and
line 17 conditions for tribal cultural resource treatment, as described in
line 18 subparagraph (C) of paragraph (2).
line 19 (C) The parties to a scoping consultation conducted pursuant
line 20 to this subdivision do not agree as to whether a potential tribal
line 21 cultural resource will be affected by the proposed development.
line 22 (5) (A) If, after a scoping consultation conducted pursuant to
line 23 this subdivision, a project is not eligible for the streamlined,
line 24 ministerial process described in subdivision (c) for any or all of
line 25 the following reasons, the local government shall provide written
line 26 documentation of that fact, and an explanation of the reason for
line 27 which the project is not eligible, to the development proponent
line 28 and to any California Native American tribe that is a party to that
line 29 scoping consultation:
line 30 (i) There is a tribal cultural resource that is on a national, state,
line 31 tribal, or local historic register list located on the site of the project,
line 32 as described in subparagraph (A) of paragraph (4).
line 33 (ii) The parties to the scoping consultation have not documented
line 34 an enforceable agreement on methods, measures, and conditions
line 35 for tribal cultural resource treatment, as described in subparagraph
line 36 (C) of paragraph (2) and subparagraph (B) of paragraph (4).
line 37 (iii) The parties to the scoping consultation do not agree as to
line 38 whether a potential tribal cultural resource will be affected by the
line 39 proposed development, as described in subparagraph (C) of
line 40 paragraph (4).
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SB 6 — 27 —
line 1 (B) The written documentation provided to a development
line 2 proponent pursuant to this paragraph shall include information on
line 3 how the development proponent may seek a conditional use permit
line 4 or other discretionary approval of the development from the local
line 5 government.
line 6 (6) This section is not intended, and shall not be construed, to
line 7 limit consultation and discussion between a local government and
line 8 a California Native American tribe pursuant to other applicable
line 9 law, confidentiality provisions under other applicable law, the
line 10 protection of religious exercise to the fullest extent permitted under
line 11 state and federal law, or the ability of a California Native American
line 12 tribe to submit information to the local government or participate
line 13 in any process of the local government.
line 14 (7) For purposes of this subdivision:
line 15 (A) “Consultation” means the meaningful and timely process
line 16 of seeking, discussing, and considering carefully the views of
line 17 others, in a manner that is cognizant of all parties’ cultural values
line 18 and, where feasible, seeking agreement. Consultation between
line 19 local governments and Native American tribes shall be conducted
line 20 in a way that is mutually respectful of each party’s sovereignty.
line 21 Consultation shall also recognize the tribes’ potential needs for
line 22 confidentiality with respect to places that have traditional tribal
line 23 cultural importance. A lead agency shall consult the tribal
line 24 consultation best practices described in the “State of California
line 25 Tribal Consultation Guidelines: Supplement to the General Plan
line 26 Guidelines” prepared by the Office of Planning and Research.
line 27 (B) “Scoping” means the act of participating in early discussions
line 28 or investigations between the local government and California
line 29 Native American tribe, and the development proponent if
line 30 authorized by the California Native American tribe, regarding the
line 31 potential effects a proposed development could have on a potential
line 32 tribal cultural resource, as defined in Section 21074 of the Public
line 33 Resources Code, or California Native American tribe, as defined
line 34 in Section 21073 of the Public Resources Code.
line 35 (8) This subdivision shall not apply to any project that has been
line 36 approved under the streamlined, ministerial approval process
line 37 provided under this section before the effective date of the act
line 38 adding this subdivision.
line 39 (c) (1) If a local government determines that a development
line 40 submitted pursuant to this section is in conflict with any of the
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line 1 objective planning standards specified in subdivision (a), it shall
line 2 provide the development proponent written documentation of
line 3 which standard or standards the development conflicts with, and
line 4 an explanation for the reason or reasons the development conflicts
line 5 with that standard or standards, as follows:
line 6 (A) Within 60 days of submittal of the development to the local
line 7 government pursuant to this section if the development contains
line 8 150 or fewer housing units.
line 9 (B) Within 90 days of submittal of the development to the local
line 10 government pursuant to this section if the development contains
line 11 more than 150 housing units.
line 12 (2) If the local government fails to provide the required
line 13 documentation pursuant to paragraph (1), the development shall
line 14 be deemed to satisfy the objective planning standards specified in
line 15 subdivision (a).
line 16 (3) For purposes of this section, a development is consistent
line 17 with the objective planning standards specified in subdivision (a)
line 18 if there is substantial evidence that would allow a reasonable person
line 19 to conclude that the development is consistent with the objective
line 20 planning standards.
line 21 (d) (1) Any design review or public oversight of the
line 22 development may be conducted by the local government’s planning
line 23 commission or any equivalent board or commission responsible
line 24 for review and approval of development projects, or the city council
line 25 or board of supervisors, as appropriate. That design review or
line 26 public oversight shall be objective and be strictly focused on
line 27 assessing compliance with criteria required for streamlined projects,
line 28 as well as any reasonable objective design standards published
line 29 and adopted by ordinance or resolution by a local jurisdiction
line 30 before submission of a development application, and shall be
line 31 broadly applicable to development within the jurisdiction. That
line 32 design review or public oversight shall be completed as follows
line 33 and shall not in any way inhibit, chill, or preclude the ministerial
line 34 approval provided by this section or its effect, as applicable:
line 35 (A) Within 90 days of submittal of the development to the local
line 36 government pursuant to this section if the development contains
line 37 150 or fewer housing units.
line 38 (B) Within 180 days of submittal of the development to the
line 39 local government pursuant to this section if the development
line 40 contains more than 150 housing units.
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SB 6 — 29 —
line 1 (2) If the development is consistent with the requirements of
line 2 subparagraph (A) or (B) of paragraph (9) of subdivision (a) and
line 3 is consistent with all objective subdivision standards in the local
line 4 subdivision ordinance, an application for a subdivision pursuant
line 5 to the Subdivision Map Act (Division 2 (commencing with Section
line 6 66410)) shall be exempt from the requirements of the California
line 7 Environmental Quality Act (Division 13 (commencing with Section
line 8 21000) of the Public Resources Code) and shall be subject to the
line 9 public oversight timelines set forth in paragraph (1).
line 10 (e) (1) Notwithstanding any other law, a local government,
line 11 whether or not it has adopted an ordinance governing automobile
line 12 parking requirements in multifamily developments, shall not
line 13 impose automobile parking standards for a streamlined
line 14 development that was approved pursuant to this section in any of
line 15 the following instances:
line 16 (A) The development is located within one-half mile of public
line 17 transit.
line 18 (B) The development is located within an architecturally and
line 19 historically significant historic district.
line 20 (C) When on-street parking permits are required but not offered
line 21 to the occupants of the development.
line 22 (D) When there is a car share vehicle located within one block
line 23 of the development.
line 24 (2) If the development does not fall within any of the categories
line 25 described in paragraph (1), the local government shall not impose
line 26 automobile parking requirements for streamlined developments
line 27 approved pursuant to this section that exceed one parking space
line 28 per unit.
line 29 (f) (1) If a local government approves a development pursuant
line 30 to this section, then, notwithstanding any other law, that approval
line 31 shall not expire if the project satisfies both of the following
line 32 requirements:
line 33 (A) The project includes public investment in housing
line 34 affordability, beyond tax credits.
line 35 (B) At least 50 percent of the units are affordable to households
line 36 making at or below 80 percent of the area median income.
line 37 (2) (A) If a local government approves a development pursuant
line 38 to this section, and the project does not satisfy the requirements
line 39 of subparagraphs (A) and (B) of paragraph (1), that approval shall
line 40 remain valid for three years from the date of the final action
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line 1 establishing that approval, or if litigation is filed challenging that
line 2 approval, from the date of the final judgment upholding that
line 3 approval. Approval shall remain valid for a project provided
line 4 construction activity, including demolition and grading activity,
line 5 on the development site has begun pursuant to a permit issued by
line 6 the local jurisdiction and is in progress. For purposes of this
line 7 subdivision, “in progress” means one of the following:
line 8 (i) The construction has begun and has not ceased for more than
line 9 180 days.
line 10 (ii) If the development requires multiple building permits, an
line 11 initial phase has been completed, and the project proponent has
line 12 applied for and is diligently pursuing a building permit for a
line 13 subsequent phase, provided that once it has been issued, the
line 14 building permit for the subsequent phase does not lapse.
line 15 (B) Notwithstanding subparagraph (A), a local government may
line 16 grant a project a one-time, one-year extension if the project
line 17 proponent can provide documentation that there has been
line 18 significant progress toward getting the development construction
line 19 ready, such as filing a building permit application.
line 20 (3) If the development proponent requests a modification
line 21 pursuant to subdivision (g), then the time during which the approval
line 22 shall remain valid shall be extended for the number of days
line 23 between the submittal of a modification request and the date of its
line 24 final approval, plus an additional 180 days to allow time to obtain
line 25 a building permit. If litigation is filed relating to the modification
line 26 request, the time shall be further extended during the pendency of
line 27 the litigation. The extension required by this paragraph shall only
line 28 apply to the first request for a modification submitted by the
line 29 development proponent.
line 30 (4) The amendments made to this subdivision by the act that
line 31 added this paragraph shall also be retroactively applied to
line 32 developments approved prior to January 1, 2022.
line 33 (g) (1) (A) A development proponent may request a
line 34 modification to a development that has been approved under the
line 35 streamlined, ministerial approval process provided in subdivision
line 36 (c) if that request is submitted to the local government before the
line 37 issuance of the final building permit required for construction of
line 38 the development.
line 39 (B) Except as provided in paragraph (3), the local government
line 40 shall approve a modification if it determines that the modification
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SB 6 — 31 —
line 1 is consistent with the objective planning standards specified in
line 2 subdivision (a) that were in effect when the original development
line 3 application was first submitted.
line 4 (C) The local government shall evaluate any modifications
line 5 requested pursuant to this subdivision for consistency with the
line 6 objective planning standards using the same assumptions and
line 7 analytical methodology that the local government originally used
line 8 to assess consistency for the development that was approved for
line 9 streamlined, ministerial approval pursuant to subdivision (c).
line 10 (D) A guideline that was adopted or amended by the department
line 11 pursuant to subdivision (l) after a development was approved
line 12 through the streamlined, ministerial approval process described in
line 13 subdivision (c) shall not be used as a basis to deny proposed
line 14 modifications.
line 15 (2) Upon receipt of the development proponent’s application
line 16 requesting a modification, the local government shall determine
line 17 if the requested modification is consistent with the objective
line 18 planning standard and either approve or deny the modification
line 19 request within 60 days after submission of the modification, or
line 20 within 90 days if design review is required.
line 21 (3) Notwithstanding paragraph (1), the local government may
line 22 apply objective planning standards adopted after the development
line 23 application was first submitted to the requested modification in
line 24 any of the following instances:
line 25 (A) The development is revised such that the total number of
line 26 residential units or total square footage of construction changes
line 27 by 15 percent or more. The calculation of the square footage of
line 28 construction changes shall not include underground space.
line 29 (B) The development is revised such that the total number of
line 30 residential units or total square footage of construction changes
line 31 by 5 percent or more and it is necessary to subject the development
line 32 to an objective standard beyond those in effect when the
line 33 development application was submitted in order to mitigate or
line 34 avoid a specific, adverse impact, as that term is defined in
line 35 subparagraph (A) of paragraph (1) of subdivision (j) of Section
line 36 65589.5, upon the public health or safety and there is no feasible
line 37 alternative method to satisfactorily mitigate or avoid the adverse
line 38 impact. The calculation of the square footage of construction
line 39 changes shall not include underground space.
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line 1 (C) (i) Objective building standards contained in the California
line 2 Building Standards Code (Title 24 of the California Code of
line 3 Regulations), including, but not limited to, building plumbing,
line 4 electrical, fire, and grading codes, may be applied to all
line 5 modification applications that are submitted prior to the first
line 6 building permit application. Those standards may be applied to
line 7 modification applications submitted after the first building permit
line 8 application if agreed to by the development proponent.
line 9 (ii) The amendments made to clause (i) by the act that added
line 10 clause (i) shall also be retroactively applied to modification
line 11 applications submitted prior to January 1, 2022.
line 12 (4) The local government’s review of a modification request
line 13 pursuant to this subdivision shall be strictly limited to determining
line 14 whether the modification, including any modification to previously
line 15 approved density bonus concessions or waivers, modify the
line 16 development’s consistency with the objective planning standards
line 17 and shall not reconsider prior determinations that are not affected
line 18 by the modification.
line 19 (h) (1) A local government shall not adopt or impose any
line 20 requirement, including, but not limited to, increased fees or
line 21 inclusionary housing requirements, that applies to a project solely
line 22 or partially on the basis that the project is eligible to receive
line 23 ministerial or streamlined approval pursuant to this section.
line 24 (2) (A) A local government shall issue a subsequent permit
line 25 required for a development approved under this section if the
line 26 application substantially complies with the development as it was
line 27 approved pursuant to subdivision (c). Upon receipt of an
line 28 application for a subsequent permit, the local government shall
line 29 process the permit without unreasonable delay and shall not impose
line 30 any procedure or requirement that is not imposed on projects that
line 31 are not approved pursuant to this section. The local government
line 32 shall consider the application for subsequent permits based upon
line 33 the objective standards specified in any state or local laws that
line 34 were in effect when the original development application was
line 35 submitted, unless the development proponent agrees to a change
line 36 in objective standards. Issuance of subsequent permits shall
line 37 implement the approved development, and review of the permit
line 38 application shall not inhibit, chill, or preclude the development.
line 39 For purposes of this paragraph, a “subsequent permit” means a
line 40 permit required subsequent to receiving approval under subdivision
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SB 6 — 33 —
line 1 (c), and includes, but is not limited to, demolition, grading,
line 2 encroachment, and building permits and final maps, if necessary.
line 3 (B) The amendments made to subparagraph (A) by the act that
line 4 added this subparagraph shall also be retroactively applied to
line 5 subsequent permit applications submitted prior to January 1, 2022.
line 6 (3) (A) If a public improvement is necessary to implement a
line 7 development that is subject to the streamlined, ministerial approval
line 8 pursuant to this section, including, but not limited to, a bicycle
line 9 lane, sidewalk or walkway, public transit stop, driveway, street
line 10 paving or overlay, a curb or gutter, a modified intersection, a street
line 11 sign or street light, landscape or hardscape, an above-ground or
line 12 underground utility connection, a water line, fire hydrant, storm
line 13 or sanitary sewer connection, retaining wall, and any related work,
line 14 and that public improvement is located on land owned by the local
line 15 government, to the extent that the public improvement requires
line 16 approval from the local government, the local government shall
line 17 not exercise its discretion over any approval relating to the public
line 18 improvement in a manner that would inhibit, chill, or preclude the
line 19 development.
line 20 (B) If an application for a public improvement described in
line 21 subparagraph (A) is submitted to a local government, the local
line 22 government shall do all of the following:
line 23 (i) Consider the application based upon any objective standards
line 24 specified in any state or local laws that were in effect when the
line 25 original development application was submitted.
line 26 (ii) Conduct its review and approval in the same manner as it
line 27 would evaluate the public improvement if required by a project
line 28 that is not eligible to receive ministerial or streamlined approval
line 29 pursuant to this section.
line 30 (C) If an application for a public improvement described in
line 31 subparagraph (A) is submitted to a local government, the local
line 32 government shall not do either of the following:
line 33 (i) Adopt or impose any requirement that applies to a project
line 34 solely or partially on the basis that the project is eligible to receive
line 35 ministerial or streamlined approval pursuant to this section.
line 36 (ii) Unreasonably delay in its consideration, review, or approval
line 37 of the application.
line 38 (i) (1) This section shall not affect a development proponent’s
line 39 ability to use any alternative streamlined by right permit processing
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line 1 adopted by a local government, including the provisions of
line 2 subdivision (i) of Section 65583.2.
line 3 (2) This section shall not prevent a development from also
line 4 qualifying as a housing development project entitled to the
line 5 protections of Section 65589.5. This paragraph does not constitute
line 6 a change in, but is declaratory of, existing law.
line 7 (j) The California Environmental Quality Act (Division 13
line 8 (commencing with Section 21000) of the Public Resources Code)
line 9 does not apply to actions taken by a state agency, local government,
line 10 or the San Francisco Bay Area Rapid Transit District to:
line 11 (1) Lease, convey, or encumber land owned by the local
line 12 government or the San Francisco Bay Area Rapid Transit District
line 13 or to facilitate the lease, conveyance, or encumbrance of land
line 14 owned by the local government, or for the lease of land owned by
line 15 the San Francisco Bay Area Rapid Transit District in association
line 16 with an eligible TOD project, as defined pursuant to Section
line 17 29010.1 of the Public Utilities Code, nor to any decisions
line 18 associated with that lease, or to provide financial assistance to a
line 19 development that receives streamlined approval pursuant to this
line 20 section that is to be used for housing for persons and families of
line 21 very low, low, or moderate income, as defined in Section 50093
line 22 of the Health and Safety Code.
line 23 (2) Approve improvements located on land owned by the local
line 24 government or the San Francisco Bay Area Rapid Transit District
line 25 that are necessary to implement a development that receives
line 26 streamlined approval pursuant to this section that is to be used for
line 27 housing for persons and families of very low, low, or moderate
line 28 income, as defined in Section 50093 of the Health and Safety Code.
line 29 (k) For purposes of this section, the following terms have the
line 30 following meanings:
line 31 (1) “Affordable housing cost” has the same meaning as set forth
line 32 in Section 50052.5 of the Health and Safety Code.
line 33 (2) (A) Subject to the qualification provided by subparagraph
line 34 (B), “affordable rent” has the same meaning as set forth in Section
line 35 50053 of the Health and Safety Code.
line 36 (B) For a development for which an application pursuant to this
line 37 section was submitted prior to January 1, 2019, that includes 500
line 38 units or more of housing, and that dedicates 50 percent of the total
line 39 number of units to housing affordable to households making at,
line 40 or below, 80 percent of the area median income, affordable rent
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SB 6 — 35 —
line 1 for at least 30 percent of these units shall be set at an affordable
line 2 rent as defined in subparagraph (A) and “affordable rent” for the
line 3 remainder of these units shall mean a rent that is consistent with
line 4 the maximum rent levels for a housing development that receives
line 5 an allocation of state or federal low-income housing tax credits
line 6 from the California Tax Credit Allocation Committee.
line 7 (3) “Department” means the Department of Housing and
line 8 Community Development.
line 9 (4) “Development proponent” means the developer who submits
line 10 an application for streamlined approval pursuant to this section.
line 11 (5) “Completed entitlements” means a housing development
line 12 that has received all the required land use approvals or entitlements
line 13 necessary for the issuance of a building permit.
line 14 (6) “Locality” or “local government” means a city, including a
line 15 charter city, a county, including a charter county, or a city and
line 16 county, including a charter city and county.
line 17 (7) “Moderate income housing units” means housing units with
line 18 an affordable housing cost or affordable rent for persons and
line 19 families of moderate income, as that term is defined in Section
line 20 50093 of the Health and Safety Code.
line 21 (8) “Production report” means the information reported pursuant
line 22 to subparagraph (H) of paragraph (2) of subdivision (a) of Section
line 23 65400.
line 24 (9) “State agency” includes every state office, officer,
line 25 department, division, bureau, board, and commission, but does not
line 26 include the California State University or the University of
line 27 California.
line 28 (10) “Subsidized” means units that are price or rent restricted
line 29 such that the units are affordable to households meeting the
line 30 definitions of very low and lower income, as defined in Sections
line 31 50079.5 and 50105 of the Health and Safety Code.
line 32 (11) “Reporting period” means either of the following:
line 33 (A) The first half of the regional housing needs assessment
line 34 cycle.
line 35 (B) The last half of the regional housing needs assessment cycle.
line 36 (12) “Urban uses” means any current or former residential,
line 37 commercial, public institutional, transit or transportation passenger
line 38 facility, or retail use, or any combination of those uses.
line 39 (l) The department may review, adopt, amend, and repeal
line 40 guidelines to implement uniform standards or criteria that
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— 36 — SB 6
line 1 supplement or clarify the terms, references, or standards set forth
line 2 in this section. Any guidelines or terms adopted pursuant to this
line 3 subdivision shall not be subject to Chapter 3.5 (commencing with
line 4 Section 11340) of Part 1 of Division 3 of Title 2 of the Government
line 5 Code.
line 6 (m) The determination of whether an application for a
line 7 development is subject to the streamlined ministerial approval
line 8 process provided by subdivision (c) is not a “project” as defined
line 9 in Section 21065 of the Public Resources Code.
line 10 (n) It is the policy of the state that this section be interpreted
line 11 and implemented in a manner to afford the fullest possible weight
line 12 to the interest of, and the approval and provision of, increased
line 13 housing supply.
line 14 (o) This section shall remain in effect only until January 1, 2026,
line 15 and as of that date is repealed.
line 16 SEC. 3. No reimbursement is required by this act pursuant to
line 17 Section 6 of Article XIII B of the California Constitution because
line 18 a local agency or school district has the authority to levy service
line 19 charges, fees, or assessments sufficient to pay for the program or
line 20 level of service mandated by this act or because costs that may be
line 21 incurred by a local agency or school district will be incurred
line 22 because this act creates a new crime or infraction, eliminates a
line 23 crime or infraction, or changes the penalty for a crime or infraction,
line 24 within the meaning of Section 17556 of the Government Code, or
line 25 changes the definition of a crime within the meaning of Section 6
line 26 of Article XIII B of the California Constitution.
O
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SB 6 — 37 —
AMENDED IN ASSEMBLY AUGUST 15, 2022
AMENDED IN SENATE JANUARY 3, 2022
AMENDED IN SENATE APRIL 8, 2021
SENATE BILL No. 45
Introduced by Senator Portantino
December 7, 2020
An act to add Section 42655 to the Public Resources Code, relating
to solid waste.
legislative counsel’s digest
SB 45, as amended, Portantino. Short-lived climate pollutants: organic
waste reduction goals: local jurisdiction assistance.
Existing law requires the State Air Resources Board, no later than
January 1, 2018, to approve and begin implementing a short-lived
climate pollutant strategy to achieve a reduction in the statewide
emissions of methane by 40%, hydrofluorocarbon gases by 40%, and
anthropogenic black carbon by 50% below 2013 levels by 2030. Existing
law requires that the methane emissions reduction goals include a 50%
reduction in the level of statewide disposal of organic waste from the
2014 level by 2020 and a 75% reduction in the level of statewide
disposal of organic waste from the 2014 level by 2025.
Existing law requires the Department of Resources Recycling and
Recovery, in consultation with the state board, to adopt regulations to
achieve the organic waste reduction goals established by the state board
for 2020 and 2025, as provided. Existing law requires the department,
no later than July 1, 2020, and in consultation with the state board, to
analyze the progress that the waste sector, state government, and local
governments have made in achieving these organic waste reduction
96
goals. Existing law authorizes the department, if it determines that
significant progress has not been made toward achieving the organic
waste reduction goals established by the state board, to include
incentives or additional requirements in its regulations to facilitate
progress towards achieving the goals.
This bill would require the department, in consultation with the state
board, to provide assistance to local jurisdictions, including, but not
limited to, any funding appropriated by the Legislature in the annual
Budget Act, for purposes of assisting local agencies to comply assist
local jurisdictions in complying with these provisions, including any
regulations adopted by the department.
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 42655 is added to the Public Resources
line 2 Code, immediately following Section 42654, to read:
line 3 42655. (a) The department, in consultation with the State Air
line 4 Resources Board, shall provide assistance to local jurisdictions,
line 5 including, but not limited to, any funding appropriated by the
line 6 Legislature in the annual Budget Act, for purposes of assisting
line 7 local jurisdictions to comply with assist local jurisdictions in
line 8 complying with the requirements of this chapter, including any
line 9 regulations adopted by the department pursuant to Section 42652.5.
line 10 (b) This section does not limit a local government’s obligation
line 11 to comply with the requirements of this chapter, including any
line 12 regulations adopted by the department pursuant to Section 42652.5.
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96
— 2 — SB 45
SB 490
Page 1
Date of Hearing: August 3, 2022
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
SB 490 (Caballero) – As Amended June 8, 2022
Policy Committee: Housing and Community Development Vote: 7 - 0
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill establishes, upon appropriation by the Legislature, the Community Anti-Displacement
and Preservation Technical Assistance Program (CAPP), within the Department of Housing and
Community Development (HCD), to provide support to qualified entities navigating the
requirements and processes to apply for housing acquisition-rehabilitation projects.
Specifically, this bill:
1) Requires HCD, upon appropriation by the Legislature, to develop, implement and administer
CAPP.
2) Requires CAPP to provide technical assistance to community land trusts (CLTS), public
housing authorities, eligible non-profit organizations, local governments and resident
organizations to acquire and preserve unsubsidized housing units and attach long-term
affordability restrictions on the housing units, while safeguarding against the displacement of
current residents.
3) Requires HCD to do all of the following in creating and implementing CAPP:
a) Develop best practices for the development and ongoing operation of acquisition-
rehabilitation projects.
b) Support qualified entities in navigating the requirements and processes to apply for
acquisition-rehabilitation project funding.
c) Develop technical assistance tools, including training modules, acquisition-rehabilitation-
specific financing templates and guidance, and best practice guides, as specified.
4) Requires CAPP to support collaboration and peer-to-peer learning amongst qualified entities.
5) Requires HCD to contract with third-party consultants to assist with the development,
implementation and administration of the program.
FISCAL EFFECT:
SB 490
Page 2
The requirements of the bill are contingent upon an appropriation by the Legislature. There is no
identified funding source for the bill. If the bill is successful, there would be General Fund cost
pressures to fund the following:
1) HCD estimates one-time General Fund (GF) costs of approximately $1.5 million for a
consulting contract to develop and implement the program, and $204,000 for one staff
position to develop the request for proposal for technical assistance consultants, oversee the
selection process, work with the consultants on program development, and oversee program
implementation by the consultants.
2) HCD estimates ongoing costs of $1.2 million (GF) annually to maintain the program,
including staff to administer the contract and provide ongoing technical assistance to
qualified entities applying for acquisition-rehabilitation project funding.
COMMENTS:
1) Purpose. This bill seeks to support a relatively new strategy of acquiring and rehabilitating
unsubsidized housing as a means to create and preserve affordable housing. According to the
author:
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 by 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. Because this is a relatively new and innovative strategy, many
local jurisdictions and organizations lack the necessary capacity and
expertise needed to do this work effectively and equitably across the
state. [This bill] responds to this need by creating a statewide capacity
building and technical assistance (TA) program.
2) Background. The California Housing Partnership Corporation (CHPC) annually assesses the
loss and the risk of loss of affordable rental properties that receive public financing. Between
1997 and 2020, California lost 18,043 affordable homes with project-based rental assistance
contracts or loans from the US Department of Housing and Urban Development (HUD), the
California Housing Finance Agency (CalHFA) or HCD, or with low income housing tax
credits (LIHTCs), due to owner decisions to opt out, sell, or allow their developments to
convert to market rate.
Additionally, 30,102 affordable rental homes, representing 7% of the total current supply, are
at risk of conversion in the next 10 years, and 6,785 homes may no longer be affordable by
next year. Of homes at very high, high, and moderate risk of losing affordability, 43% serve
seniors, 43% serve families, and 34% are concentrated in the counties of Los Angeles,
Orange, Santa Clara, San Francisco, and San Diego.
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Several existing state programs (mostly notably the Multifamily Housing Program (MHP) at
HCD) finance the acquisition and rehabilitation of affordable housing units. These programs
tend to target new construction and the acquisition-rehabilitation of existing deed-restricted
affordable housing nearing the expiration of its affordability term. More recently, according
to one of the sponsors, Enterprise Partners, both housing practitioners and residents have
shown a growing interest in the acquisition and rehabilitation of unsubsidized affordable
housing currently on the private market as a means to create or preserve affordable housing.
According to the sponsors, occupied acquisition-rehabilitation projects present challenges,
even for experienced developers, and acquisition-rehabilitation projects may require new
skills to support tenant engagement and property management. This bill creates CAPP at
HCD to provide mission-driven organizations and public sector partners the tools and
resources they need to carry out unsubsidized acquisition-rehabilitation housing projects.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
SENATE RULES COMMITTEE
Office of Senate Floor Analyses
(916) 651-1520 Fax: (916) 327-4478
SB 852
UNFINISHED BUSINESS
Bill No: SB 852
Author: Dodd (D), et al.
Amended: 8/8/22
Vote: 21
SENATE GOVERNANCE & FIN. COMMITTEE: 5-0, 4/7/22
AYES: Caballero, Nielsen, Durazo, Hertzberg, Wiener
SENATE NATURAL RES. & WATER COMMITTEE: 7-1, 4/26/22
AYES: Stern, Allen, Eggman, Hertzberg, Hueso, Laird, Limón
NOES: Jones
NO VOTE RECORDED: Grove
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 29-7, 5/24/22
AYES: Allen, Atkins, Becker, Bradford, Cortese, Dodd, Durazo, Eggman, Glazer,
Gonzalez, Hueso, Hurtado, Kamlager, Laird, Leyva, Limón, McGuire, Min,
Newman, Pan, Portantino, Roth, Rubio, Skinner, Stern, Umberg, Wieckowski,
Wiener, Wilk
NOES: Bates, Dahle, Grove, Jones, Melendez, Nielsen, Ochoa Bogh
NO VOTE RECORDED: Archuleta, Borgeas, Caballero, Hertzberg
ASSEMBLY FLOOR: 51-14, 8/15/22 - See last page for vote
SUBJECT: Climate resilience districts: formation: funding mechanisms
SOURCE: Ricardo Lara, California Department of Insurance
Civic Well
DIGEST: This bill allows cities and counties to create climate resilience districts
and provides these new districts various financing powers.
SB 852
Page 2
Assembly Amendments clarify the process for a climate resilience district to use tax
increment financing, and limit district powers to the jurisdictions that have agreed
to participate in the district.
ANALYSIS:
Existing law:
1) Creates enhanced infrastructure financing districts (EIFDs) and allows them to
finance public capital facilities or other specified projects of communitywide
significance that provide significant benefits to the district or the surrounding
community with an estimated useful life of 15 years or more. This includes
projects that enable communities to adapt to the impacts of climate change.
2) Allows, in addition to construction costs, EIFDs to finance planning and design
work, displacement of affordable housing residents, defending the district
against protests over their formation, and the ongoing or capitalized costs to
maintain the projects the district finances.
3) Prohibits EIFDs from using bond proceeds to finance maintenance of any kind,
and provides that EIFDs must not finance costs for ongoing operations or
providing services.
4) Provides that an EIFD is governed by a public financing authority (PF A) with
three members of each participating taxing entity’s legislative body and a
minimum of two public members. Member agencies can also appoint an
alternate member from their legislative body. If at least three taxing entities
participate in the district, upon agreement of all taxing entities participating,
the district’s governing board can be reduced to one member and one alternate
member of each legislative body and a minimum of two public members.
5) Provides that, to create an EIFD, the legislative body of a city or county must
adopt a resolution of intention to establish the financing district. The
resolution must state a time and place for a hearing on the proposal, the
proposed district’s boundaries, the types of facilities and development to be
financed, the need for the district, the goals the district proposes to achieve,
and that incremental property tax revenues may be used to finance the EIFD’s
activities. The city or county must create the public financing authority at the
same time it adopts the resolution of intention. The public financing authority
then provides public notice, as specified, and directs an official to prepare an
infrastructure financing plan that includes specified information.
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6) Requires the PFA to make the draft-enhanced infrastructure financing plan
available to the public and to each landowner within the area at least 30 days
before noticing the first public hearing. The PFA must hold three public
hearings to hear and comment on all public comments to consider the EIFD
infrastructure plan. It requires the PFA terminate the EIFD infrastructure plan
if there is a majority protest. A majority protest exists if protests have been
filed representing over 50 percent of the combined number of landowners and
residents in the area who are at least 18 years of age. Finally, it requires an
election if between 25 percent and 50 percent of the combined number of
landowners and residents in the area who are at least 18 years of age file a
protest.
7) Provides that, upon approval by the initiating city or county, an EIFD can
receive funding from three revenue streams to fund its infrastructure financing
plan:
a) EIFDs can use a portion of the property tax increment, if the local
governments approve it.
b) They may also use revenue that the infrastructure project generates, such as
money generated from user fees, public-private partnerships, loans, and
grants.
c) Finally, an EIFD may receive the local share of sales and use taxes (SUT)
and transactions and use taxes (TUTs).
8) Provides procedures for the division of property tax increment from affected
taxing entities.
9) Permits an EIFD to issue bonds backed by these revenues to pay for projects.
This bill:
1) Authorizes a city, county, city and county, or a combination of these to form a
climate resilience district (CRD) for the purpose of raising and allocating
funding for eligible projects and the operating expenses of eligible projects.
2) Requires the agency forming the CRD to adopt a resolution describing the
intent, boundaries, projects, goals for the district, as well as whether it intends
to use property tax increment to finance projects.
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3) Defines a “participating entity” to mean a city, county, or special district that is
an affected taxing entity within the CRD and has adopted a resolution to
provide for the division of taxes.
4) Defines a “participating member city or county” to mean a city or county that
does not adopt a resolution to provide for the division of taxes, but instead
adopts a resolution at a public hearing to participate in, and have its territory
subject to, the jurisdiction, powers, and authority of the CRD provided that it
receives representation on the CRD board.
5) Provides that the agency forming the CRD must enact a resolution providing
for the division of taxes of any participating entity pursuant to the procedures
for the preparation and adoption of an infrastructure financing plan in EIFD
law. A district that completes these procedures must follow the procedures for
the division of taxes and issuance of tax increment bonds described in EIFD
law.
6) Provides that the boundaries of the district shall be one of the following:
a) Coterminous with the city, county, or city and county forming the district.
b) Within a city, county, or city and county forming the district.
c) Across two or more cities, counties, or cities and counties that are forming
the district.
d) A special district may join a district initiated by a city, county, city and
county, or a combination of cities and counties.
7) Deems the Sonoma County Regional Climate Protection Authority to be a
CRD, except that it does not have the power to use tax increment financing
until it complies with the requirements for CRDs to use tax increment
financing.
8) Provides that a district must be governed by a board that has the same
membership as a public financing authority as described in EIFD law. The
board shall have the same powers and requirements as a public financing
authority, unless otherwise specified.
9) Defines eligible projects to mean a project, including a capital project, that is
designed and implemented to address climate change mitigation, adaptation, or
resilience as specified.
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10) Provides that CRDs can only use bond proceeds to finance eligible projects
that meet the requirements for capital projects EIFDs can finance.
11) Provides that, at a minimum, a district must give priority to projects that utilize
natural infrastructure and addresses the needs of under-resourced or vulnerable
communities as specified. CRDs must seek the input of these communities in
the planning, development, and implementation of projects. CRDs may adopt
additional priorities for projects.
12) Requires a CRD to allocate a minimum of 95 percent of the allocated tax
increment revenues to fund eligible projects, and provides that not more than 5
percent of allocated revenues may be used for administration.
13) Provides that, except as otherwise specified, a district formed pursuant to this
division is hereby deemed to also be an EIFD and is subject to statutory
provisions for EIFDs.
14) Provides that, in addition to the powers granted to EIFDs, CRDs have the
power to do all of the following within the territory of participating entities or
participating member cities and counties as applicable:
a) Levy a benefit assessment as specified.
b) Apply for and receive grants from federal and state agencies.
c) Solicit and accept gifts, fees, grants, and allocations from public and
private entities.
d) Issue revenue bonds or general obligation bonds as specified and subject to
any applicable constitutional requirements.
e) Receive and manage a dedicated revenue source.
f) Deposit or invest moneys of the district in banks or financial institutions in
the state in accordance with state law.
g) Sue and be sued, except as otherwise provided by law, in all actions and
proceedings, in all courts and tribunals of competent jurisdiction.
h) Engage counsel and other professional services.
i) Enter into and perform all necessary contracts.
j) Enter into joint powers agreements.
SB 852
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k) Hire staff, define their qualifications and duties, and provide a schedule of
compensation for the performance of their duties.
l) Use interim or temporary staff provided by local agencies that are a
members of the district as specified.
15) Provides that, if a CRD proposes a measure that will generate revenues for the
district that requires voter approval, the board of supervisors of the county or
counties in which the district has determined to place the measure on the ballot
must call a special election on the measure consolidated with the next
scheduled statewide election as specified.
16) Requires each district to prepare an annual expenditure plan that identifies and
describes the operations and eligible projects undertaken by the district. The
expenditure plan shall be, after public review and hearing, adopted by the
governing body of the district and subject to review and revision at least
annually.
17) Requires each district to also prepare and adopt an annual operating budget and
capital improvement budget. The annual operating budget and capital
improvement budget shall be, after public review and hearing, adopted by the
governing body of the district and subject to review and revision at least
annually.
18) Requires a district to provide for regular audits of its accounts and records,
maintain accounting records, and report accounting transactions as specified,
and provide for annual financial reports available to the public.
19) Requires, commencing in the calendar year in which a district has allocated a
cumulative total of more than one million dollars ($1,000,000) in specified
revenues, to contract for an independent audit conducted as specified.
20) Requires that CRDs follow specified state laws on public meetings and
records.
21) Requires that projects CRDs finance pay prevailing wages and employ a
skilled-and-trained workforce as specified.
Background
Other financing tools. Since the dissolution of redevelopment agencies (RDAs),
local agencies have also relied on other tools to finance projects. For example,
many local agencies can impose taxes. These include general taxes, which cities
SB 852
Page 7
and counties can levy with majority voter approval for general purposes. Cities,
counties, and some special districts can also levy special taxes for specific
purposes, which require 2/3 voter approval. Article XIII A, Section 4 of the
California Constitution prohibits ad valorem taxes on real property. However,
many local agencies can impose parcel taxes that impose a uniform rate across
each class of parcels regardless of their assessed value. Proposition 218 (1996)
added Article XIII D to the California Constitution, which imposed voter approval
requirements for most “property-related fees”—any levy other than an ad valorem
tax, a special tax, or an assessment imposed by an agency on a parcel or on a
person as an incident of property ownership, including a user fee o r charge for a
property-related service.
Bonds. When public agencies issue bonds, they borrow money from investors,
who provide cash in exchange for the agencies’ commitment to repay the principal
amount of the bond plus interest. Bonds are usually either revenue bonds, which
repay investors out of revenue generated from the project the agency buys with
bond proceeds, or general obligation bonds, which the public agency pays out of
general revenues and the agency guarantees with its full faith and credit. Since
bonds produce interest costs, they are generally used for financing projects with
useful lives that correspond to the bond’s term, such as an affordable housing
project. Public agencies generally do not use bonds to fund services, such as
procuring legal services. Generally, issuing bonds requires a 2/3 voter approval.
However, some types of revenue bonds do not require a 2/3 vote, or any vote at all.
For example, the Revenue Bond Law of 1941 only requires majority voter
approval.
Comments
1) Purpose of this bill. According to the author, “The Legislature has taken a
number of steps to respond to the climate crisis including AB 32 in 2006 and
SB 32 in 2016. SB 852 fills a significant gap in the framework of addressing
climate change by permitting local governments to establish climate financing
districts which would have the authority to finance, plan, and implement
projects and programs to tackle global warming. The bill will give
communities and regions the means of establishing local entit ies which span
jurisdictional boundaries and focus resources on the most urgent aspects of
climate change as determined locally. The bill will also allow local
governments to channel local, state, federal, and private funds in a coordinated
manner within a jurisdiction or across jurisdictional lines to have the greatest
impact possible.”
SB 852
Page 8
2) Alphabet soup. After the Supreme Court’s 2011 Matosantos decision dissolved
all RDAs, legislators enacted a slew of measures creating new tax increment
financing tools to pay for local economic development, including EIFDs.
Despite their ability to finance infrastructure projects with TIF, these tools have
seldom been used in part because they do not have access to the school share of
property tax increment like RDAs did, and which the state backfilled from the
General Fund in many cases. Rather than rely on these existing districts to
finance climate projects, SB 852 creates yet another financing tool. While SB
852 does not grant CRDs access to a greater share of property tax increment, it
does give CRDs significant new powers that these other districts do not have.
For example, EIFDs cannot issue general obligation bonds, revenue bonds, or
impose special taxes or property-related fees. Will creating a new district with
such broad financing powers help local agencies address infrastructure needs in
a way that these existing tools have not?
3) Every tool in the toolbox. Should SB 852 pass, CRDs would have a broader set
of powers than other financing districts created si nce RDAs. AB 733 (Berman,
Chapter 657, Statutes of 2017) already made sure that EIFDs could finance
projects that enable communities to adapt to the impacts of climate change. If
access to different financing mechanisms has limited the success of existing
tools, why not give these existing tools these additional powers instead of
creating a new district? Why should CRDs have these powers for climate
projects when other tools that finance projects to meet other important goals,
like affordable housing, do not?
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Assembly Appropriations Committee, “This bill authorizes, but
does not require, a city or county to form a CRD. Because formation of a CRD
pursuant to this bill is voluntary action, costs incurred by a city or county to form
and administer a CRD are not reimbursable by the state. However, local costs with
respect to elections procedures for revenue measures proposed by the CRD and the
administration of taxes imposed pursuant to the bill are potentially reimbursable by
the state (GF), subject to a determination by the Commission on State Mandates.”
SUPPORT: (Verified 8/15/22)
Ricardo Lara, California Department of Insurance (co-source)
Civic Well (co-source)
350 Bay Area Action
American Planning Association, California Chapter
SB 852
Page 9
California Forward Action Fund
California Association for Local Economic Development
California Special Districts Association
City of Alameda
City of Culver City
City of Encinitas
City of El Cerrito
County of Humboldt
City of Oakland
City of Rohnert Park
City of Santa Rosa
City of Thousand Oaks
Climate Resolve
County of Monterey
Los Angeles Regional Collaborative for Climate Action and Sustainability
Napa Valley Transportation Authority
Sierra Business Council
Sonoma County Regional Climate Protection Authority
Sonoma County Transportation Authority
State Building and Construction Trades Council of California
The Climate Center
The Nature Conservancy
Zach Hilton, Council Member, City of Gilroy
OPPOSITION: (Verified 8/15/22)
California Association of Realtors
California Chamber of Commerce
California Taxpayers Association
ASSEMBLY FLOOR: 51-14, 8/15/22
AYES: Aguiar-Curry, Alvarez, Arambula, Bauer-Kahan, Bennett, Berman,
Bloom, Boerner Horvath, Mia Bonta, Bryan, Calderon, Carrillo, Cervantes,
Cooper, Daly, Mike Fong, Friedman, Gabriel, Cristina Garcia, Eduardo Garcia,
Gipson, Grayson, Holden, Jones-Sawyer, Kalra, Lee, Levine, Low, McCarty,
McKinnor, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk -
Silva, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Santiago,
Stone, Ting, Ward, Akilah Weber, Wicks, Wilson, Wood, Rendon
NOES: Bigelow, Cooley, Megan Dahle, Davies, Fong, Gallagher, Kiley, Lackey,
Mathis, Nguyen, Salas, Seyarto, Smith, Waldron
SB 852
Page 10
NO VOTE RECORDED: Chen, Choi, Cunningham, Flora, Gray, Haney, Irwin,
Maienschein, Mayes, Patterson, Petrie-Norris, Ramos, Valladares, Villapudua,
Voepel
Prepared by: Jonathan Peterson / GOV. & F. / (916) 651-4119
8/15/22 18:49:43
**** END ****
AMENDED IN ASSEMBLY AUGUST 15, 2022
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
95
network that meets the needs of all users of streets, roads, and highways
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 any substantive
revision of the circulation element, on or 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. to
incorporate the principles of the Federal Highway Administration’s
Safe System Approach, to develop and incorporate, or otherwise include,
bicycle plans, pedestrian plans, and traffic calming plans in the
circulation element, among other things; and sets a goal for completion
of all identified implementation actions within 25 years of the date of
adoption of the modified circulation element. 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 25 years to implement the plan.
This bill would increase the 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. plan and to
regularly review its progress towards completing implementation of
the modified circulation element and to consider revising the circulation
element if it determines it will not reach the goals of the bicycle,
pedestrian, or traffic calming plans within 25 years of the date of
adoption of the modified circulation element.
Commencing January 1, 2025, this bill would allow a person injured
within the 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.
95
— 2 — SB 932
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
micromobility device, as defined, injuries and fatalities, as provided.
that cities and counties use existing transportation funding to achieve
the goals of these provisions. 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.
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, and drought.
line 19 SEC. 2. Section 65302 of the Government Code is amended
line 20 to read:
line 21 65302. The general plan shall consist of a statement of
line 22 development policies and shall include a diagram or diagrams and
95
SB 932 — 3 —
line 1 text setting forth objectives, principles, standards, and plan
line 2 proposals. The plan shall include the following elements:
line 3 (a) A land use element that designates the proposed general
line 4 distribution and general location and extent of the uses of the land
line 5 for housing, business, industry, open space, including agriculture,
line 6 natural resources, recreation, and enjoyment of scenic beauty,
line 7 education, public buildings and grounds, solid and liquid waste
line 8 disposal facilities, greenways, as defined in Section 816.52 of the
line 9 Civil Code, and other categories of public and private uses of land.
line 10 The location and designation of the extent of the uses of the land
line 11 for public and private uses shall consider the identification of land
line 12 and natural resources pursuant to paragraph (3) of subdivision (d).
line 13 The land use element shall include a statement of the standards of
line 14 population density and building intensity recommended for the
line 15 various districts and other territory covered by the plan. The land
line 16 use element shall identify and annually review those areas covered
line 17 by the plan that are subject to flooding identified by flood plain
line 18 mapping prepared by the Federal Emergency Management Agency
line 19 (FEMA) or the Department of Water Resources. The land use
line 20 element shall also do both of the following:
line 21 (1) Designate in a land use category that provides for timber
line 22 production those parcels of real property zoned for timberland
line 23 production pursuant to the California Timberland Productivity Act
line 24 of 1982 (Chapter 6.7 (commencing with Section 51100) of Part 1
line 25 of Division 1 of Title 5).
line 26 (2) Consider the impact of new growth on military readiness
line 27 activities carried out on military bases, installations, and operating
line 28 and training areas, when proposing zoning ordinances or
line 29 designating land uses covered by the general plan for land, or other
line 30 territory adjacent to military facilities, or underlying designated
line 31 military aviation routes and airspace.
line 32 (A) In determining the impact of new growth on military
line 33 readiness activities, information provided by military facilities
line 34 shall be considered. Cities and counties shall address military
line 35 impacts based on information from the military and other sources.
line 36 (B) The following definitions govern this paragraph:
line 37 (i) “Military readiness activities” mean all of the following:
line 38 (I) Training, support, and operations that prepare the members
line 39 of the military for combat.
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line 1 (II) Operation, maintenance, and security of any military
line 2 installation.
line 3 (III) Testing of military equipment, vehicles, weapons, and
line 4 sensors for proper operation or suitability for combat use.
line 5 (ii) “Military installation” means a base, camp, post, station,
line 6 yard, center, homeport facility for any ship, or other activity under
line 7 the jurisdiction of the United States Department of Defense as
line 8 defined in paragraph (1) of subsection (e) of Section 2687 of Title
line 9 10 of the United States Code.
line 10 (b) (1) A circulation element consisting of the general location
line 11 and extent of existing and proposed major thoroughfares,
line 12 transportation routes, terminals, any military airports and ports,
line 13 and other local public utilities and facilities, all correlated with the
line 14 land use element of the plan.
line 15 (2) (A) Commencing January 1, 2011, upon any substantive
line 16 revision of the circulation element, the legislative body shall
line 17 modify the circulation element to plan for a balanced, multimodal
line 18 transportation network that meets the needs of all users of streets,
line 19 roads, and highways for safe and convenient travel in a manner
line 20 that is suitable to the rural, suburban, or urban context of the
line 21 general plan.
line 22 (B) Upon any substantive revision of the circulation element
line 23 on or after January 1, 2025, the legislative body shall develop or
line 24 update the plan for a balanced, multimodal transportation network
line 25 required by subparagraph (A), and shall ensure the plan includes
line 26 the following for any urbanized area within the scope of the general
line 27 plan: do both of the following:
line 28 (i) The bicycle plans, pedestrian plans, and traffic calming plans
line 29 shall address all of the following: Incorporate the principles of the
line 30 Federal Highway Administration’s Safe System Approach, as
line 31 provided in the United States Department of Transportation’s
line 32 Strategic Highway Safety Plan, in the circulation element.
line 33 (ii) Develop and incorporate, or otherwise include, bicycle
line 34 plans, pedestrian plans, and traffic calming plans in the circulation
line 35 element that shall address all of the following for any urbanized
line 36 area within the scope of the general plan:
line 37 (I) Identify safety corridors and any land or facility that
line 38 generates high concentrations of bicyclists or pedestrians.
line 39 (II) Use evidence-based strategies strategies, including strategies
line 40 identified in the United States Department of Transportation’s
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line 1 Strategic Highway Safety Plan and the California State
line 2 Transportation Agency’s Zero Traffic Fatalities Task Force Report,
line 3 to develop safety measures specific to those areas that are intended
line 4 to eliminate traffic fatalities, with an emphasis on fatalities of
line 5 bicyclists, pedestrians, and users of any other form of
line 6 micromobility device in the areas identified in subclause (I).
line 7 (III) Establish traffic calming measures around schools and
line 8 parks, and within business activity districts.
line 9 (III) Set a goal for completion of all identified implementation
line 10 actions within 25 years of the date of adoption of the modified
line 11 circulation element.
line 12 (ii) (I)
line 13 (C) (i) A county or city shall begin implementation of the
line 14 modified circulation element plan specified in subparagraph (B)
line 15 within two years of the date of adoption of the plan.
line 16 (II)
line 17 (ii) A county or city shall complete regularly review the progress
line 18 towards and identify impediments to completing implementation
line 19 of the plan for a multimodal transportation network, including all
line 20 bicycle plans, pedestrian plans, and traffic calming plans iterated
line 21 in the modified circulation element, and the construction of any
line 22 related infrastructure, within 25 years of the date of adoption of
line 23 the modified circulation element. infrastructure.
line 24 (III)
line 25 (iii) A county or city shall have an additional 10 years to
line 26 complete implementation if the circulation element contains
line 27 measures that decrease traffic fatalities by at least 20 percent within
line 28 the first 5 years of its implementation period, and the county or
line 29 city implements those measures within those 5 years. consider
line 30 revising the circulation element if the review under clause (ii)
line 31 determines that the county or city will not reach the goals of the
line 32 bicycle, pedestrian, or traffic calming plans within 25 years of the
line 33 date of adoption of the modified circulation element.
line 34 (IV) A county or city shall not be required to comply with the
line 35 requirements of this clause upon making a written finding based
line 36 on substantial evidence that its failure to comply with the
line 37 requirements of this clause are the result of unforeseen
line 38 circumstances outside of the control of the county or city.
line 39 (iii) (I) Beginning January 1, 2025, failure by a county or city
line 40 to comply with the requirements of this subparagraph shall create
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line 1 a cause of action for bicyclists, pedestrians, and users of any other
line 2 form of micromobility device injured within the right-of-way in
line 3 the areas identified in subclause (I) of clause (i) in a collision with
line 4 a motor vehicle in the Counties of Alameda, Contra Costa, Los
line 5 Angeles, Orange, Riverside, Sacramento, San Bernardino, San
line 6 Diego, San Francisco, and Santa Clara.
line 7 (II) This clause shall become inoperative on January 1, 2028.
line 8 (iv)
line 9 (D) For the purposes of this subparagraph, paragraph, the
line 10 following definitions shall apply:
line 11 (I)
line 12 (i) “Business activity district” has the same meaning as defined
line 13 in Section 22358.9 of the Vehicle Code.
line 14 (II)
line 15 (ii) “Land facilities that generate high concentrations of
line 16 bicyclists or pedestrians” has the same meaning as described in
line 17 Section 22358.7 of the Vehicle Code.
line 18 (III)
line 19 (iii) “Micromobility device” means a bicycle, electric bicycle,
line 20 or motorized scooter as those terms are defined and described in
line 21 Division 1 (commencing with Section 100) of the Vehicle Code.
line 22 (IV)
line 23 (iv) “Safety corridor” has the same meaning as defined in
line 24 Section 22358.7 of the Vehicle Code.
line 25 (V)
line 26 (v) “Urbanized area” has the same meaning as defined in Section
line 27 21071 of the Public Resources Code.
line 28 (C)
line 29 (E) For purposes of this paragraph, “users of streets, roads, and
line 30 highways” mean bicyclists, children, persons with disabilities,
line 31 motorists, movers of commercial goods, pedestrians, users of public
line 32 transportation, and seniors.
line 33 (c) A housing element as provided in Article 10.6 (commencing
line 34 with Section 65580).
line 35 (d) (1) A conservation element for the conservation,
line 36 development, and utilization of natural resources, including water
line 37 and its hydraulic force, forests, soils, rivers and other waters,
line 38 harbors, fisheries, wildlife, minerals, and other natural resources.
line 39 The conservation element shall consider the effect of development
line 40 within the jurisdiction, as described in the land use element, on
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line 1 natural resources located on public lands, including military
line 2 installations. That portion of the conservation element including
line 3 waters shall be developed in coordination with any countywide
line 4 water agency and with all district and city agencies, including
line 5 flood management, water conservation, or groundwater agencies
line 6 that have developed, served, controlled, managed, or conserved
line 7 water of any type for any purpose in the county or city for which
line 8 the plan is prepared. Coordination shall include the discussion and
line 9 evaluation of any water supply and demand information described
line 10 in Section 65352.5, if that information has been submitted by the
line 11 water agency to the city or county.
line 12 (2) The conservation element may also cover all of the
line 13 following:
line 14 (A) The reclamation of land and waters.
line 15 (B) Prevention and control of the pollution of streams and other
line 16 waters.
line 17 (C) Regulation of the use of land in stream channels and other
line 18 areas required for the accomplishment of the conservation plan.
line 19 (D) Prevention, control, and correction of the erosion of soils,
line 20 beaches, and shores.
line 21 (E) Protection of watersheds.
line 22 (F) The location, quantity, and quality of the rock, sand, and
line 23 gravel resources.
line 24 (3) Upon the next revision of the housing element on or after
line 25 January 1, 2009, the conservation element shall identify rivers,
line 26 creeks, streams, flood corridors, riparian habitats, and land that
line 27 may accommodate floodwater for purposes of groundwater
line 28 recharge and stormwater management.
line 29 (e) An open-space element as provided in Article 10.5
line 30 (commencing with Section 65560).
line 31 (f) (1) A noise element that shall identify and appraise noise
line 32 problems in the community. The noise element shall analyze and
line 33 quantify, to the extent practicable, as determined by the legislative
line 34 body, current and projected noise levels for all of the following
line 35 sources:
line 36 (A) Highways and freeways.
line 37 (B) Primary arterials and major local streets.
line 38 (C) Passenger and freight online railroad operations and ground
line 39 rapid transit systems.
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line 1 (D) Commercial, general aviation, heliport, helistop, and military
line 2 airport operations, aircraft overflights, jet engine test stands, and
line 3 all other ground facilities and maintenance functions related to
line 4 airport operation.
line 5 (E) Local industrial plants, including, but not limited to, railroad
line 6 classification yards.
line 7 (F) Other ground stationary noise sources, including, but not
line 8 limited to, military installations, identified by local agencies as
line 9 contributing to the community noise environment.
line 10 (2) Noise contours shall be shown for all of these sources and
line 11 stated in terms of community noise equivalent level (CNEL) or
line 12 day-night average sound level (Ldn). The noise contours shall be
line 13 prepared on the basis of noise monitoring or following generally
line 14 accepted noise modeling techniques for the various sources
line 15 identified in subparagraphs (A) to (F) of paragraph (1), inclusive.
line 16 (3) The noise contours shall be used as a guide for establishing
line 17 a pattern of land uses in the land use element that minimizes the
line 18 exposure of community residents to excessive noise.
line 19 (4) The noise element shall include implementation measures
line 20 and possible solutions that address existing and foreseeable noise
line 21 problems, if any. The adopted noise element shall serve as a
line 22 guideline for compliance with the state’s noise insulation standards.
line 23 (g) (1) A safety element for the protection of the community
line 24 from any unreasonable risks associated with the effects of
line 25 seismically induced surface rupture, ground shaking, ground
line 26 failure, tsunami, seiche, and dam failure; slope instability leading
line 27 to mudslides and landslides; subsidence; liquefaction; and other
line 28 seismic hazards identified pursuant to Chapter 7.8 (commencing
line 29 with Section 2690) of Division 2 of the Public Resources Code,
line 30 and other geologic hazards known to the legislative body; flooding;
line 31 and wildland and urban fires. The safety element shall include
line 32 mapping of known seismic and other geologic hazards. It shall
line 33 also address evacuation routes, military installations, peakload
line 34 water supply requirements, and minimum road widths and
line 35 clearances around structures, as those items relate to identified fire
line 36 and geologic hazards.
line 37 (2) The safety element, upon the next revision of the housing
line 38 element on or after January 1, 2009, shall also do the following:
line 39 (A) Identify information regarding flood hazards, including,
line 40 but not limited to, the following:
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line 1 (i) Flood hazard zones. As used in this subdivision, “flood
line 2 hazard zone” means an area subject to flooding that is delineated
line 3 as either a special hazard area or an area of moderate or minimal
line 4 hazard on an official flood insurance rate map issued by FEMA.
line 5 The identification of a flood hazard zone does not imply that areas
line 6 outside the flood hazard zones or uses permitted within flood
line 7 hazard zones will be free from flooding or flood damage.
line 8 (ii) National Flood Insurance Program maps published by
line 9 FEMA.
line 10 (iii) Information about flood hazards that is available from the
line 11 United States Army Corps of Engineers.
line 12 (iv) Designated floodway maps that are available from the
line 13 Central Valley Flood Protection Board.
line 14 (v) Dam failure inundation maps prepared pursuant to Section
line 15 6161 of the Water Code that are available from the Department of
line 16 Water Resources.
line 17 (vi) Awareness Floodplain Mapping Program maps and 200-year
line 18 flood plain maps that are or may be available from, or accepted
line 19 by, the Department of Water Resources.
line 20 (vii) Maps of levee protection zones.
line 21 (viii) Areas subject to inundation in the event of the failure of
line 22 project or nonproject levees or floodwalls.
line 23 (ix) Historical data on flooding, including locally prepared maps
line 24 of areas that are subject to flooding, areas that are vulnerable to
line 25 flooding after wildfires, and sites that have been repeatedly
line 26 damaged by flooding.
line 27 (x) Existing and planned development in flood hazard zones,
line 28 including structures, roads, utilities, and essential public facilities.
line 29 (xi) Local, state, and federal agencies with responsibility for
line 30 flood protection, including special districts and local offices of
line 31 emergency services.
line 32 (B) Establish a set of comprehensive goals, policies, and
line 33 objectives based on the information identified pursuant to
line 34 subparagraph (A), for the protection of the community from the
line 35 unreasonable risks of flooding, including, but not limited to:
line 36 (i) Avoiding or minimizing the risks of flooding to new
line 37 development.
line 38 (ii) Evaluating whether new development should be located in
line 39 flood hazard zones, and identifying construction methods or other
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line 1 methods to minimize damage if new development is located in
line 2 flood hazard zones.
line 3 (iii) Maintaining the structural and operational integrity of
line 4 essential public facilities during flooding.
line 5 (iv) Locating, when feasible, new essential public facilities
line 6 outside of flood hazard zones, including hospitals and health care
line 7 facilities, emergency shelters, fire stations, emergency command
line 8 centers, and emergency communications facilities or identifying
line 9 construction methods or other methods to minimize damage if
line 10 these facilities are located in flood hazard zones.
line 11 (v) Establishing cooperative working relationships among public
line 12 agencies with responsibility for flood protection.
line 13 (C) Establish a set of feasible implementation measures designed
line 14 to carry out the goals, policies, and objectives established pursuant
line 15 to subparagraph (B).
line 16 (3) Upon the next revision of the housing element on or after
line 17 January 1, 2014, the safety element shall be reviewed and updated
line 18 as necessary to address the risk of fire for land classified as state
line 19 responsibility areas, as defined in Section 4102 of the Public
line 20 Resources Code, and land classified as very high fire hazard
line 21 severity zones, as defined in Section 51177. This review shall
line 22 consider the advice included in the Office of Planning and
line 23 Research’s most recent publication of “Fire Hazard Planning,
line 24 General Plan Technical Advice Series” and shall also include all
line 25 of the following:
line 26 (A) Information regarding fire hazards, including, but not limited
line 27 to, all of the following:
line 28 (i) Fire hazard severity zone maps available from the Office of
line 29 the State Fire Marshal.
line 30 (ii) Any historical data on wildfires available from local agencies
line 31 or a reference to where the data can be found.
line 32 (iii) Information about wildfire hazard areas that may be
line 33 available from the United States Geological Survey.
line 34 (iv) General location and distribution of existing and planned
line 35 uses of land in very high fire hazard severity zones and in state
line 36 responsibility areas, including structures, roads, utilities, and
line 37 essential public facilities. The location and distribution of planned
line 38 uses of land shall not require defensible space compliance measures
line 39 required by state law or local ordinance to occur on publicly owned
line 40 lands or open space designations of homeowner associations.
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line 1 (v) Local, state, and federal agencies with responsibility for fire
line 2 protection, including special districts and local offices of
line 3 emergency services.
line 4 (B) A set of goals, policies, and objectives based on the
line 5 information identified pursuant to subparagraph (A) for the
line 6 protection of the community from the unreasonable risk of wildfire.
line 7 (C) A set of feasible implementation measures designed to carry
line 8 out the goals, policies, and objectives based on the information
line 9 identified pursuant to subparagraph (B), including, but not limited
line 10 to, all of the following:
line 11 (i) Avoiding or minimizing the wildfire hazards associated with
line 12 new uses of land.
line 13 (ii) Locating, when feasible, new essential public facilities
line 14 outside of high fire risk areas, including, but not limited to,
line 15 hospitals and health care facilities, emergency shelters, emergency
line 16 command centers, and emergency communications facilities, or
line 17 identifying construction methods or other methods to minimize
line 18 damage if these facilities are located in a state responsibility area
line 19 or very high fire hazard severity zone.
line 20 (iii) Designing adequate infrastructure if a new development is
line 21 located in a state responsibility area or in a very high fire hazard
line 22 severity zone, including safe access for emergency response
line 23 vehicles, visible street signs, and water supplies for structural fire
line 24 suppression.
line 25 (iv) Working cooperatively with public agencies with
line 26 responsibility for fire protection.
line 27 (D) If a city or county has adopted a fire safety plan or document
line 28 separate from the general plan, an attachment of, or reference to,
line 29 a city or county’s adopted fire safety plan or document that fulfills
line 30 commensurate goals and objectives and contains information
line 31 required pursuant to this paragraph.
line 32 (4) Upon the next revision of a local hazard mitigation plan,
line 33 adopted in accordance with the federal Disaster Mitigation Act of
line 34 2000 (Public Law 106-390), on or after January 1, 2017, or, if a
line 35 local jurisdiction has not adopted a local hazard mitigation plan,
line 36 beginning on or before January 1, 2022, the safety element shall
line 37 be reviewed and updated as necessary to address climate adaptation
line 38 and resiliency strategies applicable to the city or county. This
line 39 review shall consider advice provided in the Office of Planning
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line 1 and Research’s General Plan Guidelines and shall include all of
line 2 the following:
line 3 (A) (i) A vulnerability assessment that identifies the risks that
line 4 climate change poses to the local jurisdiction and the geographic
line 5 areas at risk from climate change impacts, including, but not limited
line 6 to, an assessment of how climate change may affect the risks
line 7 addressed pursuant to paragraphs (2) and (3).
line 8 (ii) Information that may be available from federal, state,
line 9 regional, and local agencies that will assist in developing the
line 10 vulnerability assessment and the adaptation policies and strategies
line 11 required pursuant to subparagraph (B), including, but not limited
line 12 to, all of the following:
line 13 (I) Information from the internet-based Cal-Adapt tool.
line 14 (II) Information from the most recent version of the California
line 15 Adaptation Planning Guide.
line 16 (III) Information from local agencies on the types of assets,
line 17 resources, and populations that will be sensitive to various climate
line 18 change exposures.
line 19 (IV) Information from local agencies on their current ability to
line 20 deal with the impacts of climate change.
line 21 (V) Historical data on natural events and hazards, including
line 22 locally prepared maps of areas subject to previous risk, areas that
line 23 are vulnerable, and sites that have been repeatedly damaged.
line 24 (VI) Existing and planned development in identified at-risk
line 25 areas, including structures, roads, utilities, and essential public
line 26 facilities.
line 27 (VII) Federal, state, regional, and local agencies with
line 28 responsibility for the protection of public health and safety and
line 29 the environment, including special districts and local offices of
line 30 emergency services.
line 31 (B) A set of adaptation and resilience goals, policies, and
line 32 objectives based on the information specified in subparagraph (A)
line 33 for the protection of the community.
line 34 (C) A set of feasible implementation measures designed to carry
line 35 out the goals, policies, and objectives identified pursuant to
line 36 subparagraph (B), including, but not limited to, all of the following:
line 37 (i) Feasible methods to avoid or minimize climate change
line 38 impacts associated with new uses of land.
line 39 (ii) The location, when feasible, of new essential public facilities
line 40 outside of at-risk areas, including, but not limited to, hospitals and
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line 1 health care facilities, emergency shelters, emergency command
line 2 centers, and emergency communications facilities, or identifying
line 3 construction methods or other methods to minimize damage if
line 4 these facilities are located in at-risk areas.
line 5 (iii) The designation of adequate and feasible infrastructure
line 6 located in an at-risk area.
line 7 (iv) Guidelines for working cooperatively with relevant local,
line 8 regional, state, and federal agencies.
line 9 (v) The identification of natural infrastructure that may be used
line 10 in adaptation projects, where feasible. Where feasible, the plan
line 11 shall use existing natural features and ecosystem processes, or the
line 12 restoration of natural features and ecosystem processes, when
line 13 developing alternatives for consideration. For purposes of this
line 14 clause, “natural infrastructure” means using natural ecological
line 15 systems or processes to reduce vulnerability to climate change
line 16 related hazards, or other related climate change effects, while
line 17 increasing the long-term adaptive capacity of coastal and inland
line 18 areas by perpetuating or restoring ecosystem services. This
line 19 includes, but is not limited to, the conservation, preservation, or
line 20 sustainable management of any form of aquatic or terrestrial
line 21 vegetated open space, such as beaches, dunes, tidal marshes, reefs,
line 22 seagrass, parks, rain gardens, and urban tree canopies. It also
line 23 includes systems and practices that use or mimic natural processes,
line 24 such as permeable pavements, bioswales, and other engineered
line 25 systems, such as levees that are combined with restored natural
line 26 systems, to provide clean water, conserve ecosystem values and
line 27 functions, and provide a wide array of benefits to people and
line 28 wildlife.
line 29 (D) (i) If a city or county has adopted the local hazard
line 30 mitigation plan, or other climate adaptation plan or document that
line 31 fulfills commensurate goals and objectives and contains the
line 32 information required pursuant to this paragraph, separate from the
line 33 general plan, an attachment of, or reference to, the local hazard
line 34 mitigation plan or other climate adaptation plan or document.
line 35 (ii) Cities or counties that have an adopted hazard mitigation
line 36 plan, or other climate adaptation plan or document that substantially
line 37 complies with this section, or have substantially equivalent
line 38 provisions to this subdivision in their general plans, may use that
line 39 information in the safety element to comply with this subdivision,
line 40 and shall summarize and incorporate by reference into the safety
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line 1 element the other general plan provisions, climate adaptation plan
line 2 or document, specifically showing how each requirement of this
line 3 subdivision has been met.
line 4 (5) Upon the next revision of the housing element on or after
line 5 January 1, 2020, the safety element shall be reviewed and updated
line 6 as necessary to identify residential developments in any hazard
line 7 area identified in the safety element that do not have at least two
line 8 emergency evacuation routes.
line 9 (6) After the initial revision of the safety element pursuant to
line 10 paragraphs (2), (3), (4), and (5), the planning agency shall review
line 11 and, if necessary, revise the safety element upon each revision of
line 12 the housing element or local hazard mitigation plan, but not less
line 13 than once every eight years, to identify new information relating
line 14 to flood and fire hazards and climate adaptation and resiliency
line 15 strategies applicable to the city or county that was not available
line 16 during the previous revision of the safety element.
line 17 (7) Cities and counties that have flood plain management
line 18 ordinances that have been approved by FEMA that substantially
line 19 comply with this section, or have substantially equivalent
line 20 provisions to this subdivision in their general plans, may use that
line 21 information in the safety element to comply with this subdivision,
line 22 and shall summarize and incorporate by reference into the safety
line 23 element the other general plan provisions or the flood plain
line 24 ordinance, specifically showing how each requirement of this
line 25 subdivision has been met.
line 26 (8) Before the periodic review of its general plan and before
line 27 preparing or revising its safety element, each city and county shall
line 28 consult the California Geological Survey of the Department of
line 29 Conservation, the Central Valley Flood Protection Board, if the
line 30 city or county is located within the boundaries of the Sacramento
line 31 and San Joaquin Drainage District, as set forth in Section 8501 of
line 32 the Water Code, and the Office of Emergency Services for the
line 33 purpose of including information known by and available to the
line 34 department, the agency, and the board required by this subdivision.
line 35 (9) To the extent that a county’s safety element is sufficiently
line 36 detailed and contains appropriate policies and programs for
line 37 adoption by a city, a city may adopt that portion of the county’s
line 38 safety element that pertains to the city’s planning area in
line 39 satisfaction of the requirement imposed by this subdivision.
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line 1 (h) (1) An environmental justice element, or related goals,
line 2 policies, and objectives integrated in other elements, that identifies
line 3 disadvantaged communities within the area covered by the general
line 4 plan of the city, county, or city and county, if the city, county, or
line 5 city and county has a disadvantaged community. The
line 6 environmental justice element, or related environmental justice
line 7 goals, policies, and objectives integrated in other elements, shall
line 8 do all of the following:
line 9 (A) Identify objectives and policies to reduce the unique or
line 10 compounded health risks in disadvantaged communities by means
line 11 that include, but are not limited to, the reduction of pollution
line 12 exposure, including the improvement of air quality, and the
line 13 promotion of public facilities, food access, safe and sanitary homes,
line 14 and physical activity.
line 15 (B) Identify objectives and policies to promote civic engagement
line 16 in the public decisionmaking process.
line 17 (C) Identify objectives and policies that prioritize improvements
line 18 and programs that address the needs of disadvantaged communities.
line 19 (2) A city, county, or city and county subject to this subdivision
line 20 shall adopt or review the environmental justice element, or the
line 21 environmental justice goals, policies, and objectives in other
line 22 elements, upon the adoption or next revision of two or more
line 23 elements concurrently on or after January 1, 2018.
line 24 (3) By adding this subdivision, the Legislature does not intend
line 25 to require a city, county, or city and county to take any action
line 26 prohibited by the United States Constitution or the California
line 27 Constitution.
line 28 (4) For purposes of this subdivision, the following terms shall
line 29 apply:
line 30 (A) “Disadvantaged communities” means an area identified by
line 31 the California Environmental Protection Agency pursuant to
line 32 Section 39711 of the Health and Safety Code or an area that is a
line 33 low-income area that is disproportionately affected by
line 34 environmental pollution and other hazards that can lead to negative
line 35 health effects, exposure, or environmental degradation.
line 36 (B) “Public facilities” includes public improvements, public
line 37 services, and community amenities, as defined in subdivision (d)
line 38 of Section 66000.
line 39 (C) “Low-income area” means an area with household incomes
line 40 at or below 80 percent of the statewide median income or with
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line 1 household incomes at or below the threshold designated as low
line 2 income by the Department of Housing and Community
line 3 Development’s list of state income limits adopted pursuant to
line 4 Section 50093 of the Health and Safety Code.
line 5 SEC. 3. It is the intent of the Legislature to create an annual
line 6 grant program, and an appropriation thereof, to be awarded to any
line 7 county or city for the purposes of meeting the requirements of
line 8 Section 65302 of the Government Code, as amended by this act,
line 9 upon a showing of its implementation of timely and effective
line 10 short-term efforts to mitigate bicycle, pedestrian, and other
line 11 micromobility device injuries and fatalities, as that term is defined
line 12 in subclause (III) of clause (iv) of subparagraph (B) of paragraph
line 13 (2) of subdivision (b). It is the intent of the Legislature that the
line 14 creation of this grant program will incentivize any county or city
line 15 with few financial resources to take small, affordable steps towards
line 16 fulfilling its traffic and street safety goals.
line 17 SEC. 3. (a) It is the intent of the Legislature that cities and
line 18 counties use existing transportation funding to achieve the goals
line 19 of the circulation element, including, but not limited to, funding
line 20 provided by the Road Maintenance and Rehabilitation Account in
line 21 subdivision (h) of Section 2032 of Chapter 2 of Division 3 of the
line 22 Streets and Highways Code, the Highway Users Tax Account
line 23 (Chapter 3 (commencing with Section 2100) of Division 3 of the
line 24 Streets and Highways Code) for local streets and roads, the Active
line 25 Transportation Program (Chapter 8 (commencing with Section
line 26 2380) of Division 3 of the Streets and Highways Code), the
line 27 State-Local Partnership Program (Article 11 (commencing with
line 28 Section 8879.66) of Chapter 12.491 of Division 1 of Title 2 of the
line 29 Government Code); local planning grants as described in Sections
line 30 2032 and 2033.5 of the Streets and Highways Code, the
line 31 Department of Transportation’s Sustainable Transportation
line 32 Planning Grant Program, the state Highway Safety Improvement
line 33 Program (Chapter 6.5 (commencing with Section 2330) of Division
line 34 3 of the Streets and Highways Code), the federal Highway Safety
line 35 Improvement Program (23 U.S.C. Sec. 148), the Surface
line 36 Transportation Block Grant Program (23 U.S.C. Sec. 133), and
line 37 the Congestion Mitigation and Air Quality Improvement Program
line 38 (23 U.S.C. Sec. 149).
line 39 (b) It is the intent of the Legislature that the cities and counties
line 40 use these existing funds consistently with the purposes for which
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line 1 the funds were allocated to the cities and counties to achieve the
line 2 goals of the circulation element.
line 3 (c) It is not the intent of the Legislature to make an additional
line 4 appropriation of these funds by the reference in this section.
line 5 SEC. 4. No reimbursement is required by this act pursuant to
line 6 Section 6 of Article XIII B of the California Constitution because
line 7 a local agency or school district has the authority to levy service
line 8 charges, fees, or assessments sufficient to pay for the program or
line 9 level of service mandated by this act, within the meaning of Section
line 10 17556 of the Government Code.
O
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— 18 — SB 932
Tri-Valley Cities
DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON
August 5, 2022
The Honorable Anthony Portantino, Chair
Senate Committee on Appropriations
State Capitol, Room 412
Sacramento, CA 95814
RE: Assembly Bill 988 (Bauer-Kahan) Mental health: 988 crisis hotline
Tri-Valley Cities Coalition – Letter of Support
Dear Chair 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 our strong support for AB
988 (Bauer-Kahan), which would enact the Miles Hall Lifeline and Suicide Prevention Act, and
respectfully request your support.
As you know, our State and National behavioral health crisis response system has been lacking
for far too long. With the new 988 phone line having become available in July nationwide, we have
taken a significant step forward.
Nevertheless, ongoing costs to sustain the 988-crisis response system are significant. To
maintain an effective crisis response system that every Californian has universal and reliable
access to, it must have a permanent and sustainable funding source. AB 988 introduces a small
telephone surcharge, as permitted in federal 988 legislation, set at only $0.08 per line per month
for the first two years with a lifetime cap of $0.30 per line per month to fund the California crisis
centers and mobile crisis teams. Current 988 funding does not include sustained funding for these
critical elements of transformational crisis response.
There are efforts in our respective counties on ways to improve social service crisis response for
those suffering from mental health challenges and their families. In addition to sustaining the crisis
centers and mobile response, this bill will ensure that people in crises are responded to in the
same professional and compassionate way throughout all California Counties.
Thank you for your consideration, and we respectfully urge you to support AB 988.
Sincerely,
__________________ ____________________ ____________________
Town of Danville City of Dublin City of Livermore
Mayor Newell Arnerich Mayor Melissa Hernandez Mayor Bob Woerner
ATTACHMENT B
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
DATE: August 23, 2022
TO: Mayor Arnerich, Councilmember Stepper
FROM: Cat Bravo, Management Analyst
SUBJECT: 2023 Legislative Committee Dates
The following are the dates for the 2023 Town of Danville Legislative Committee
Meetings:
January 24, 2023
February 28, 2023
March 28, 2023
April 25, 2023
May 23, 2023
June 27, 2023
July 25, 2023
August 22, 2023
September 26, 2023
October 24, 2023
November 28, 2023
*December 19, 2023
*All dates are the 4th Tuesday of the month at 9:00 a.m. with the exception of December
due to town furlough.