HomeMy WebLinkAbout092623 - 03.1
LEGISLATIVE COMMITTEE MEMORANDUM 3.1
TO: Mayor and Town Council September 26, 2023
SUBJECT: September 2023 Legislative Report
BACKGROUND
The 2023 Legislature session officially ended on September 14, the last day for bills to be
passed out of their respective houses. At the start of the session, 2,632 bills were
introduced—the largest number of bill introductions in a single session over the last
decade. Approximately 900 bills successfully passed through the legislative process and
were forwarded to the Governor for his consideration. Governor Newsom will have
until October 14 to sign or veto the final batch of bills passed by the Legislature.
DISCUSSION
Both individually and as part of the Tri-Valley Cities Coalition, 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 Framework. The Danville Legislative Committee’s work is essential to ensure
the Town is well positioned for advocacy work during the 2023 Legislative Session.
The following bills were identified as having an impact on Danville.
AB 894 (Friedman) Parking requirements: shared parking.
This bill would require a public agency to allow entities with underutilized parking to
share their underutilized parking with the public, a private entity, a public agency, or
other users, if those entities submit a shared parking agreement to the public agency,
and information demonstrating the benefit of the proposed shared parking agreement.
This bill passed through the Legislature and has been presented to the Governor. Vote Status:
Assembly Rebecca Bauer-Kahan: Yes; Senator Glazer: Yes (Affordable Housing and
Homelessness, Transportation and Infrastructure)
Recommended TVC Position: Neutral
SB 43 (Eggman) Behavioral Health
This bill would expand the definition of “gravely disabled,” for purposes of
involuntarily detaining an individual, to include a condition in which a person, as a
September Legislative Update 2 September 26, 2023
result of a mental health disorder or a substance use disorder, or both, is at substantial
risk of serious harm or is currently experiencing serious harm to their physical or
mental health. The bill defines “serious harm” for purposes of these provisions to mean
significant deterioration, debilitation, or illness due to a person’s failure to meet certain
conditions, including, among other things, attend to needed personal or medical care
and attend to self-protection or personal safety. This bill passed through the Legislature and
has been presented to the Governor. Vote Status: Senator Glazer: Yes; Assembly Rebecca Bauer-
Kahan: Yes (Mental Health)
TVC Position: Support
SB 423 (Wiener) Land use: streamlined housing approvals: multifamily housing
developments.
This bill would modify provisions of SB 35 (Wiener) by extending the operation of the
streamline, ministerial approval process to January 1, 2036. This bill would also make
specified revisions to provisions including eliminating the authorization for a local
government’s planning commission to conduct public oversight of a development and
would only authorize design review. This bill passed through the Legislature and has been
presented to the Governor. Vote Status: Senator Glazer: No; Assembly Rebecca Bauer-Kahan:
NVR (Affordable Housing and Homelessness)
TVC Position: Oppose unless Amended
SB 746 (Eggman) Energy conservation contracts: alternate energy equipment: green
hydrogen. Tri-Valley-San Joaquin Valley Regional Rail Authority
This bill would specifically authorize the Tri-Valley San Joaquin Valley Regional Rail
Authority to enter into energy service contracts, facility financing contracts, and
contracts for the sale of specified energy resources relating to green electrolytic
hydrogen, for purposes of financing the construction and operation of passenger rail
service through the Altamont Pass Corridor. This bill passed through the Legislature and
has been presented to the Governor. Vote Status: Senator Glazer: Yes; Assembly Rebecca Bauer-
Kahan: Yes (Economic Development, Transportation and Infrastructure)
TVC Position: Support
ACA 1 (Aguiar-Curry) Local government financing: affordable housing and public
infrastructure: voter approval.
This measure would authorize a local government to impose, extend, or increase a sales
and use tax or transactions and use tax imposed for the purposes of funding the
construction, reconstructions, rehabilitation, or replacement of public infrastructure,
affordable housing, or permanent supportive housing, or the acquisition or lease of real
property for those purposes, if the proposition proposing that tax is approved by a
majority vote of the membership of the governing board of the local government and by
55% of its voters voting on the proposition. This measure passed through the Legislature and
will be included on the November 2024 general election ballot. Vote Status: Assembly Rebecca
Bauer-Kahan: Yes; Senator Glazer: Yes (Affordable Housing and Homelessness,
Transportation and Infrastructure)
TVC Position: Support
September Legislative Update 3 September 26, 2023
ACA 13 (Ward) Voting thresholds.
This measure would require an initiative constitutional amendment to comply with an
increased voter approval threshold that it seeks to impose of future ballot measures.
Additionally, this measure would also preserve the right of cities to place advisory
questions of the ballot to ask voters their opinion on issues. This measure passed through
the Legislature and will be included on the November 2024 general election ballot. Vote Status:
Assembly Rebecca Bauer-Kahan: Yes; Senator Glazer: Yes (Fiscal Sustainability)
TVC Position: Support
Additional Advocacy Efforts
The Tri-Valley Cities Mayors met on Monday, September 11 to receive a legislative
update from Townsend Public Affairs, discuss potential regional projects to submit for
future federal and state funding, and to discuss the upcoming Tri-Valley Cities Council
meeting.
The Tri-Valley Cities Council will meet on September 27. Agenda items include an
update from the Tri-Valley Cities Affordable Housing Committee, a legislative update
from the League of California Cities and Townsend Public Affairs, and Discovery
Counseling Center and Teen Esteem+ will also be giving a presentation on mental
health.
CONCLUSION
Accept this report and direct any questions and/or direction to Town legislative staff.
Prepared by:
Cat Bravo
Management Analyst
Reviewed by:
Tai Williams
Assistant Town Manager
Attachment A – Bill Summary and Analysis Packet
Assembly Bill No. 894
Passed the Assembly September 13, 2023
Chief Clerk of the Assembly
Passed the Senate September 12, 2023
Secretary of the Senate
This bill was received by the Governor this day
of , 2023, at o’clock m.
Private Secretary of the Governor
ATTACHMENT A
CHAPTER
An act to add Section 65863.1 to the Government Code, relating
to land use.
legislative counsel’s digest
AB 894, Friedman. Parking requirements: shared parking.
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 also authorizes the legislative body
of a city or a county to adopt ordinances establishing requirements
for parking.
When an entity receiving parking is not using that parking to
meet public automobile parking requirements, this bill would
require a local agency, as defined, to allow entities with
underutilized parking to share their underutilized parking with the
public, local agencies, or other entities, if those entities submit a
shared parking agreement, as defined, to the local agency, and
information identifying the benefits of the proposed shared parking
agreement. The bill would require a local agency to allow parking
spaces identified in a shared parking agreement to count toward
meeting automobile parking requirements for a new or existing
development or use, including, but not limited to, shared parking
in underutilized spaces and in parking lots and garages that will
be constructed as part of the development or developments when
specified conditions regarding the distance between the entities
that will share the parking are met. The bill would require a local
agency to approve the shared parking agreement if it includes,
among other things, a parking analysis using peer-reviewed
methodologies developed by a professional planning association,
as specified. The bill would require a local agency to decide
whether to approve or deny the shared parking agreement and
determine how many parking spaces can be reasonably shared
between uses to fulfill parking requirements if the shared parking
agreement does not include this parking analysis. If the local
agency is required to decide whether to approve or deny an
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agreement for specified developments under these provisions, the
bill would require the local agency to notify all property owners
within 300 feet of the shared parking spaces of the proposed
agreement and to hold a public meeting if it receives a request to
do so within 14 days of notifying property owners, as provided.
The bill would specify that these notification and public meeting
requirements would not apply to local agencies that enact an
ordinance that provides for shared parking agreements, including
ordinances enacted before January 1, 2024. The bill would require
a local agency, private landowner, or lessor to examine the
feasibility of shared parking agreements to replace new parking
construction or limit the number of new parking spaces that will
be constructed when state funds are being used on a proposed new
development or other public funds are being used to develop a
parking structure or surface parking, as specified. The bill would
specify that these provisions do not apply to land owned or leased
by the state.
By imposing new requirements on local governments when
reviewing and approving new developments, the bill would impose
a state-mandated local program.
The bill would include findings that changes proposed by this
bill address a matter of statewide concern rather than a municipal
affair and, therefore, apply to all cities, including charter cities.
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.
The people of the State of California do enact as follows:
SECTION 1. Section 65863.1 is added to the Government
Code, to read:
65863.1. (a) For the purposes of this section:
(1) “Automobile parking requirements” means any parking that
a local agency requires an entity to provide, including, but not
limited to, parking imposed via ordinance, pursuant to the
California Environmental Quality Act (Division 13 (commencing
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AB 894 — 3 —
with Section 21000) of the Public Resources Code), or a
development agreement.
(2) “Local agency” means any city, county, city and county,
including charter cities, or special district, or any agency, board,
or commission of the city, county, city and county, special district,
joint powers authority, or other political subdivision.
(3) “Shared parking agreement” means an agreement that
outlines the terms under which underutilized parking will be shared
between the entities that are a party to the agreement.
(4) “Underutilized parking” means parking where 20 percent
or more of a development’s parking spaces are not occupied during
the period that the parking is proposed to be shared by another
user, group, development, or the public.
(b) When an entity receiving parking is not using that parking
to meet local agency automobile parking requirements, a local
agency shall allow entities with underutilized parking to share their
underutilized parking spaces with the public, local agencies, or
other entities, if those entities submit a shared parking agreement
to the local agency and information identifying the benefits of the
proposed shared parking agreement.
(c) In cases where an entity is entering into a shared parking
agreement and proposes to use the shared parking spaces to meet
local agency automobile parking requirements, all of the following
shall apply:
(1) A local agency shall approve a shared parking agreement if
it:
(A) Includes a parking analysis using peer-reviewed
methodologies developed by a professional planning association,
such as the methodology established by the Urban Land Institute,
National Parking Association, and the International Council of
Shopping Centers, sufficient to determine how many parking
spaces can be reasonably shared between uses to fulfill parking
requirements.
(B) Secures long-term provision of parking spaces or affords
the opportunity for periodic review and approval by the local
agency.
(2) A local agency shall allow parking spaces identified in a
shared parking agreement to count toward meeting any automobile
parking requirement for a new or existing development or use,
including, but not limited to, shared parking in underutilized spaces
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— 4 — AB 894
and in parking lots and garages that will be constructed as part of
the development or developments under any of the following
conditions:
(A) The entities that will share the parking are located on the
same, or contiguous, parcels.
(B) The sites of the entities that will share parking are separated
by no more than 2,000 feet of travel by the shortest walking route.
(C) The sites of the entities that will share the parking are
separated by more than 2,000 feet of travel by the shortest walking
route, but there is a plan for shuttles or other accommodations to
move between the parking and site, including a demonstrated
commitment to sustain such transportation accommodations.
(3) The local agency may require that shared parking agreements
be recorded against the parcels that are part of the agreement.
(4) (A) If entities submit a shared parking agreement without
the parking analysis described in paragraph (1), the local agency
shall decide whether to approve or deny the shared parking
agreement, and determine the number of parking spaces that can
be reasonably shared between uses to fulfill parking requirements.
(B) For shared parking agreements for developments of 10
residential units or more, or 18,000 square feet or more, before
making the determination, the local agency shall:
(i) Notify all property owners within 300 feet of the shared
parking spaces of the proposed agreement, including that the
property owner has 14 days to request a public meeting before the
local agency decides whether to approve or deny the shared parking
agreement.
(ii) If the local agency receives a request to hold a public
meeting within 14 days of notifying property owners pursuant to
clause (i), the local agency shall hold a public meeting on the
shared parking agreement to approve or deny the shared parking
agreement and determine the number of parking spaces that can
be reasonably shared between uses to fulfill parking requirements.
(C) This paragraph shall not apply to local agencies that enact
an ordinance that provides for shared parking agreements, including
ordinances enacted before January 1, 2024.
(5) A local agency approving a project proposing to use a shared
parking agreement may request and confirm reasonable verification
that shared parking agreements have been or will be secured as a
condition for such approval.
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AB 894 — 5 —
(d) A local agency shall not require the curing of any preexisting
deficit of the number of parking spaces as a condition for approval
of the shared parking agreement.
(e) A local agency shall not withhold approval of a shared
parking agreement between entities solely on the basis that it will
temporarily reduce or eliminate the availability of parking spaces
for the original proposed uses.
(f) For a development project in which a designated historical
resource on a federal, state, or local register of historic places is
being converted or adapted, a local agency shall allow the project
applicant to meet minimum parking requirements through the use
of offsite shared parking.
(g) This section shall not reduce, eliminate, or preclude the
enforcement of any requirement imposed on a residential or
nonresidential development to provide parking spaces that are
accessible to persons with disabilities that would have otherwise
applied to the development if subdivision (c) did not apply.
(h) This section shall not reduce the percentage of parking spaces
that are designated for electric vehicles that would otherwise have
applied.
(i) (1) A local agency, private landowner, or lessor shall
examine the feasibility of shared parking agreements to replace
new parking construction or limit the number of new parking
spaces that will be constructed, in either of the following
circumstances:
(A) When state funds are being used on a proposed new
development and the funding availability is announced after June
30, 2024.
(B) When public funds are being used to develop a parking
structure or surface parking and the public funding has not been
awarded as of June 30, 2024.
(2) The public agency providing the most funding for the
proposed new development, as set forth in subparagraphs (A) and
(B) or paragraph (1), shall require that the feasibility of shared
parking be examined pursuant to paragraph (1).
(3) An examination of the feasibility of shared parking shall
include, at a minimum, identification of parking facilities on
contiguous properties or nearby properties that would not require
users to cross a street and then consideration of the apparent
availability of those facilities for shared parking.
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— 6 — AB 894
(j) This section does not apply to land owned or leased by the
state.
(k) Nothing in this section shall be interpreted to require that
parking be offered without cost or at a reduced cost to the user.
(l) Nothing in this section shall be interpreted to give local
agencies a right to compel private parties to enter into a shared
parking agreement.
(m) (1) The Legislature finds and declares that sharing parking
can help preserve land, lower the cost of housing, and allow more
compact land use that promotes walking, biking, and public transit.
Therefore, this section shall be interpreted in favor of rules and
guidelines that support shared parking as outlined in this section.
(2) The Legislature finds and declares that preserving land and
lowering the cost of housing production by sharing parking is a
matter of statewide concern and is not a municipal affair as that
term is used in Section 5 of Article XI of the California
Constitution. Therefore, this section applies to all cities, including
charter cities.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
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AB 894 — 7 —
Approved , 2023
Governor
Senate Bill No. 43
Passed the Senate September 14, 2023
Secretary of the Senate
Passed the Assembly September 14, 2023
Chief Clerk of the Assembly
This bill was received by the Governor this day
of , 2023, at o’clock m.
Private Secretary of the Governor
CHAPTER
An act to amend Section 1799.111 of the Health and Safety
Code, and to amend Sections 5008, 5350, 5354, and 5402 of, and
to add Section 5122 to, the Welfare and Institutions Code, relating
to mental health.
legislative counsel’s digest
SB 43, Eggman. Behavioral health.
Existing law, the Lanterman-Petris-Short Act, provides for the
involuntary commitment and treatment of a person who is a danger
to themselves or others or who is gravely disabled. Existing law,
for purposes of involuntary commitment, defines “gravely
disabled” as either a condition in which a person, as a result of a
mental health disorder, is unable to provide for their basic personal
needs for food, clothing, or shelter or has been found mentally
incompetent, as specified.
This bill expands the definition of “gravely disabled” to also
include a condition in which a person, as a result of a severe
substance use disorder, or a co-occurring mental health disorder
and a severe substance use disorder, is, in addition to the basic
personal needs described above, unable to provide for their personal
safety or necessary medical care, as defined. The bill would also
expand the definition of “gravely disabled,” as it applies to
specified sections, to include, in addition to the basic needs
described above, the inability for a person to provide for their
personal safety or necessary medical care as a result of chronic
alcoholism. The bill would authorize counties to defer
implementation of these provisions to January 1, 2026, as specified.
The bill would make conforming changes. To the extent that this
change increases the level of service required of county mental
health departments, the bill would impose a state-mandated local
program.
Existing law also authorizes the appointment of a conservator,
in the County of Los Angeles, the County of San Diego, or the
City and County of San Francisco, for a person who is incapable
of caring for the person’s own health and well-being due to a
serious mental illness and substance use disorder. Existing law
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establishes the hearsay rule, under which evidence of a statement
is generally inadmissible if it was made other than by a witness
while testifying at a hearing and is offered to prove the truth of
the matter stated. Existing law sets forth exceptions to the hearsay
rule to permit the admission of specified kinds of evidence.
Under this bill, for purposes of an opinion offered by an expert
witness in any proceeding relating to the appointment or
reappointment of a conservator pursuant to the above-described
provisions, the statements of specified health practitioners or a
licensed clinical social worker included in the medical record
would not be made inadmissible by the hearsay rule under specified
conditions. The bill would authorize the court to grant a reasonable
continuance if an expert witness in a proceeding relied on the
medical record and the medical record has not been provided to
the parties or their counsel.
Existing law requires the State Department of Health Care
Services to collect data quarterly and publish, on or before May 1
of each year, a specified report that includes, among other things,
the number of persons for whom temporary conservatorship are
established in each county and an analysis and evaluation of the
efficacy of mental health assessments, detentions, treatments, and
supportive services provided, as specified.
This bill would, beginning with the report due May 1, 2024,
require the report to also include the number of persons admitted
or detained, as specified, for conditions that include, among others,
grave disability due to a mental health disorder, severe substance
use disorder, or both a mental health disorder and a severe
substance use disorder.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State
Mandates determines that the bill contains costs mandated by the
state, reimbursement for those costs shall be made pursuant to the
statutory provisions noted above.
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SB 43 — 3 —
The people of the State of California do enact as follows:
SECTION 1. Section 1799.111 of the Health and Safety Code
is amended to read:
1799.111. (a) Subject to subdivision (b), a licensed general
acute care hospital, as defined in subdivision (a) of Section 1250,
that is not a county-designated facility pursuant to Section 5150
of the Welfare and Institutions Code, a licensed acute psychiatric
hospital, as defined in subdivision (b) of Section 1250, that is not
a county-designated facility pursuant to Section 5150 of the
Welfare and Institutions Code, licensed professional staff of those
hospitals, or any physician and surgeon, providing emergency
medical services in any department of those hospitals to a person
at the hospital is not civilly or criminally liable for detaining a
person if all of the following conditions exist during the detention:
(1) The person cannot be safely released from the hospital
because, in the opinion of the treating physician and surgeon, or
a clinical psychologist with the medical staff privileges, clinical
privileges, or professional responsibilities provided in Section
1316.5, the person, as a result of a mental health disorder, presents
a danger to themselves, or others, or is gravely disabled. For
purposes of this paragraph, “gravely disabled” has the same
definition as in paragraph (1) of subdivision (h) of Section 5008
of the Welfare and Institutions Code.
(2) The hospital staff, treating physician and surgeon, or
appropriate licensed mental health professional, have made, and
documented, repeated unsuccessful efforts to find appropriate
mental health treatment for the person.
(A) Telephone calls or other contacts required pursuant to this
paragraph shall commence at the earliest possible time when the
treating physician and surgeon has determined the time at which
the person will be medically stable for transfer.
(B) The contacts required pursuant to this paragraph shall not
begin after the time when the person becomes medically stable for
transfer.
(3) The person is not detained beyond 24 hours.
(4) There is probable cause for the detention.
(b) If the person is detained pursuant to subdivision (a) beyond
eight hours, but less than 24 hours, both of the following additional
conditions shall be met:
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(1) A discharge or transfer for appropriate evaluation or
treatment for the person has been delayed because of the need for
continuous and ongoing care, observation, or treatment that the
hospital is providing.
(2) In the opinion of the treating physician and surgeon, or a
clinical psychologist with the medical staff privileges or
professional responsibilities provided for in Section 1316.5, the
person, as a result of a mental health disorder, is still a danger to
themselves, or others, or is gravely disabled, as defined in
paragraph (1) of subdivision (a).
(c) In addition to the immunities set forth in subdivision (a), a
licensed general acute care hospital, as defined in subdivision (a)
of Section 1250, that is not a county-designated facility pursuant
to Section 5150 of the Welfare and Institutions Code, a licensed
acute psychiatric hospital, as defined by subdivision (b) of Section
1250, that is not a county-designated facility pursuant to Section
5150 of the Welfare and Institutions Code, licensed professional
staff of those hospitals, or a physician and surgeon, providing
emergency medical services in any department of those hospitals
to a person at the hospital shall not be civilly or criminally liable
for the actions of a person detained up to 24 hours in those hospitals
who is subject to detention pursuant to subdivision (a) after that
person’s release from the detention at the hospital, if all of the
following conditions exist during the detention:
(1) The person has not been admitted to a licensed general acute
care hospital or a licensed acute psychiatric hospital for evaluation
and treatment pursuant to Section 5150 of the Welfare and
Institutions Code.
(2) The release from the licensed general acute care hospital or
the licensed acute psychiatric hospital is authorized by a physician
and surgeon or a clinical psychologist with the medical staff
privileges or professional responsibilities provided for in Section
1316.5, who determines, based on a face-to-face examination of
the person detained, that the person does not present a danger to
themselves or others and is not gravely disabled, as defined in
paragraph (1) of subdivision (a). In order for this paragraph to
apply to a clinical psychologist, the clinical psychologist shall have
a collaborative treatment relationship with the physician and
surgeon. The clinical psychologist may authorize the release of
the person from the detention, but only after the clinical
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SB 43 — 5 —
psychologist has consulted with the physician and surgeon. In the
event of a clinical or professional disagreement regarding the
release of a person subject to the detention, the detention shall be
maintained unless the hospital’s medical director overrules the
decision of the physician and surgeon opposing the release. Both
the physician and surgeon and the clinical psychologist shall enter
their findings, concerns, or objections in the person’s medical
record.
(d) Notwithstanding any other law, an examination, assessment,
or evaluation that provides the basis for a determination or opinion
of a physician and surgeon or a clinical psychologist with the
medical staff privileges or professional responsibilities provided
for in Section 1316.5 that is specified in this section may be
conducted using telehealth.
(e) This section does not affect the responsibility of a general
acute care hospital or an acute psychiatric hospital to comply with
all state laws and regulations pertaining to the use of seclusion and
restraint and psychiatric medications for psychiatric patients.
Persons detained under this section shall retain their legal rights
regarding consent for medical treatment.
(f) A person detained under this section shall be credited for the
time detained, up to 24 hours, if the person is placed on a
subsequent 72-hour hold pursuant to Section 5150 of the Welfare
and Institutions Code.
(g) The amendments to this section made by Chapter 308 of the
Statutes of 2007 do not limit any existing duties for
psychotherapists contained in Section 43.92 of the Civil Code.
(h) This section does not expand the scope of licensure of
clinical psychologists.
SEC. 2. Section 5008 of the Welfare and Institutions Code is
amended to read:
5008. Unless the context otherwise requires, the following
definitions shall govern the construction of this part:
(a) “Evaluation” consists of multidisciplinary professional
analyses of a person’s medical, psychological, educational, social,
financial, and legal conditions as may appear to constitute a
problem. Persons providing evaluation services shall be properly
qualified professionals and may be full-time employees of an
agency providing face-to-face, which includes telehealth,
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evaluation services or may be part-time employees or may be
employed on a contractual basis.
(b) “Court-ordered evaluation” means an evaluation ordered by
a superior court pursuant to Article 2 (commencing with Section
5200) or by a superior court pursuant to Article 3 (commencing
with Section 5225) of Chapter 2.
(c) “Intensive treatment” consists of such hospital and other
services as may be indicated. Intensive treatment shall be provided
by properly qualified professionals and carried out in facilities
qualifying for reimbursement under the California Medical
Assistance Program (Medi-Cal) set forth in Chapter 7 (commencing
with Section 14000) of Part 3 of Division 9, or under Title XVIII
of the federal Social Security Act and regulations thereunder.
Intensive treatment may be provided in hospitals of the United
States government by properly qualified professionals. This part
does not prohibit an intensive treatment facility from also providing
72-hour evaluation and treatment.
(d) “Referral” is referral of persons by each agency or facility
providing assessment, evaluation, crisis intervention, or treatment
services to other agencies or individuals. The purpose of referral
shall be to provide for continuity of care, and may include, but
need not be limited to, informing the person of available services,
making appointments on the person’s behalf, discussing the
person’s problem with the agency or individual to which the person
has been referred, appraising the outcome of referrals, and
arranging for personal escort and transportation when necessary.
Referral shall be considered complete when the agency or
individual to whom the person has been referred accepts
responsibility for providing the necessary services. All persons
shall be advised of available precare services that prevent initial
recourse to hospital treatment or aftercare services that support
adjustment to community living following hospital treatment.
These services may be provided through county or city mental
health departments, state hospitals under the jurisdiction of the
State Department of State Hospitals, regional centers under contract
with the State Department of Developmental Services, or other
public or private entities.
Each agency or facility providing evaluation services shall
maintain a current and comprehensive file of all community
services, both public and private. These files shall contain current
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SB 43 — 7 —
agreements with agencies or individuals accepting referrals, as
well as appraisals of the results of past referrals.
(e) “Crisis intervention” consists of an interview or series of
interviews within a brief period of time, conducted by qualified
professionals, and designed to alleviate personal or family
situations that present a serious and imminent threat to the health
or stability of the person or the family. The interview or interviews
may be conducted in the home of the person or family, or on an
inpatient or outpatient basis with such therapy, or other services,
as may be appropriate. The interview or interviews may include
family members, significant support persons, providers, or other
entities or individuals, as appropriate and as authorized by law.
Crisis intervention may, as appropriate, include suicide prevention,
psychiatric, welfare, psychological, legal, or other social services.
(f) “Prepetition screening” is a screening of all petitions for
court-ordered evaluation as provided in Article 2 (commencing
with Section 5200) of Chapter 2, consisting of a professional
review of all petitions; an interview with the petitioner and,
whenever possible, the person alleged, as a result of a mental health
disorder, to be a danger to others, or to themselves, or to be gravely
disabled, to assess the problem and explain the petition; when
indicated, efforts to persuade the person to receive, on a voluntary
basis, comprehensive evaluation, crisis intervention, referral, and
other services specified in this part.
(g) “Conservatorship investigation” means investigation by an
agency appointed or designated by the governing body of cases in
which conservatorship is recommended pursuant to Chapter 3
(commencing with Section 5350).
(h) (1) For purposes of Article 1 (commencing with Section
5150), Article 2 (commencing with Section 5200), Article 3
(commencing with Section 5225), and Article 4 (commencing with
Section 5250) of Chapter 2, and for the purposes of Chapter 3
(commencing with Section 5350), “gravely disabled” means any
of the following, as applicable:
(A) A condition in which a person, as a result of a mental health
disorder, a severe substance use disorder, or a co-occurring mental
health disorder and a severe substance use disorder, is unable to
provide for their basic personal needs for food, clothing, shelter,
personal safety, or necessary medical care.
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(B) A condition in which a person has been found mentally
incompetent under Section 1370 of the Penal Code and all of the
following facts exist:
(i) The complaint, indictment, or information pending against
the person at the time of commitment charges a felony involving
death, great bodily harm, or a serious threat to the physical
well-being of another person.
(ii) There has been a finding of probable cause on a complaint
pursuant to paragraph (2) of subdivision (a) of Section 1368.1 of
the Penal Code, a preliminary examination pursuant to Section
859b of the Penal Code, or a grand jury indictment, and the
complaint, indictment, or information has not been dismissed.
(iii) As a result of a mental health disorder, the person is unable
to understand the nature and purpose of the proceedings taken
against them and to assist counsel in the conduct of their defense
in a rational manner.
(iv) The person represents a substantial danger of physical harm
to others by reason of a mental disease, defect, or disorder.
(2) For purposes of Article 3 (commencing with Section 5225)
and Article 4 (commencing with Section 5250), of Chapter 2, and
for the purposes of Chapter 3 (commencing with Section 5350),
“gravely disabled” includes a condition in which a person, as a
result of impairment by chronic alcoholism, is unable to provide
for their basic personal needs for food, clothing, shelter, personal
safety, or necessary medical care.
(3) The term “gravely disabled” does not include persons with
intellectual disabilities by reason of that disability alone.
(4) A county, by adoption of a resolution of its governing body,
may elect to defer implementation of the changes made to this
section by Senate Bill 43 of the 2022–2023 Regular Legislative
Session until January 1, 2026.
(i) “Peace officer” means a duly sworn peace officer as that
term is defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2 of the Penal Code who has completed the basic
training course established by the Commission on Peace Officer
Standards and Training, or any parole officer or probation officer
specified in Section 830.5 of the Penal Code when acting in relation
to cases for which the officer has a legally mandated responsibility.
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(j) “Postcertification treatment” means an additional period of
treatment pursuant to Article 6 (commencing with Section 5300)
of Chapter 2.
(k) “Court,” unless otherwise specified, means a court of record.
(l) “Antipsychotic medication” means any medication
customarily prescribed for the treatment of symptoms of psychoses
and other severe mental and emotional disorders.
(m) “Emergency” means a situation in which action to impose
treatment over the person’s objection is immediately necessary
for the preservation of life or the prevention of serious bodily harm
to the patient or others, and it is impracticable to first gain consent.
It is not necessary for harm to take place or become unavoidable
prior to treatment.
(n) “Designated facility” or “facility designated by the county
for evaluation and treatment” means a facility that is licensed or
certified as a mental health treatment facility or a hospital, as
defined in subdivision (a) or (b) of Section 1250 of the Health and
Safety Code, by the State Department of Public Health, and may
include, but is not limited to, a licensed psychiatric hospital, a
licensed psychiatric health facility, and a certified crisis
stabilization unit.
(o) “Severe substance use disorder” means a diagnosed
substance-related disorder that meets the diagnostic criteria of
“severe” as defined in the most current version of the Diagnostic
and Statistical Manual of Mental Disorders.
(p) “Personal safety” means the ability of one to survive safely
in the community without involuntary detention or treatment
pursuant to this part.
(q) “Necessary medical care” means care that a licensed health
care practitioner, while operating within the scope of their practice,
determines to be necessary to prevent serious deterioration of an
existing physical medical condition which, if left untreated, is
likely to result in serious bodily injury as defined in Section
15610.67.
SEC. 3. Section 5122 is added to the Welfare and Institutions
Code, to read:
5122. (a) For purposes of an opinion offered by an expert
witness in a proceeding relating to the appointment or
reappointment of a conservator pursuant to Chapter 3 (commencing
with Section 5350) or Chapter 5 (commencing with Section 5450),
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the statement of a health practitioner, as defined in subdivision
(d), included in the medical record is not made inadmissible by
the hearsay rule when the statement pertains to the person’s
symptoms or behavior stemming from a mental health disorder or
severe substance use disorder that the expert relies upon to explain
the basis for their opinion, if the statement is based on the
observation of the declarant, and the court finds, in a hearing
conducted outside the presence of the jury, that the time, content,
and circumstances of the statement provide sufficient indicia of
reliability.
(b) This section does not affect the ability of a party to call as
a witness the declarant of any statement contained in the medical
record, whether or not the declarant’s statement was relied on by
the expert witness.
(c) The court may grant a reasonable continuance if an expert
witness in a proceeding relied on the medical record and the
medical record has not been provided to the parties or their counsel.
(d) (1) “Health practitioner” means a physician and surgeon,
psychiatrist, psychologist, resident, intern, registered nurse,
licensed clinical social worker or associate clinical social worker,
licensed marriage and family therapist or associate marriage and
family therapist, licensed professional clinical counselor or
associate professional clinical counselor, any emergency medical
technician I or II, paramedic, or person certified pursuant to
Division 2.5 (commencing with Section 1797) of the Health and
Safety Code, and a psychological associate registered pursuant to
Section 2913 of the Business and Professions Code.
(2) “Medical record” means any record, in any form or medium,
maintained or lawfully obtained by, or in the custody or control
of, the office of the public conservator or public guardian that is
prepared by a health practitioner and relates to the health history,
diagnosis, or condition of a patient, or relating to treatment
provided or proposed to be provided to the patient who is subject
to a conservatorship pursuant to Chapter 3 (commencing with
Section 5350). Medical record includes records of care in any
health-related setting used by health care professionals while
providing patient care services, for reviewing patient data or
documenting observations, actions, or instructions, including
records that are considered part of the active, overflow, and
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discharge chart. Medical record also includes, but is not limited
to, all alcohol and substance use and treatment records.
(e) Nothing in this section affects the application of Section
1201 of the Evidence Code.
SEC. 4. Section 5350 of the Welfare and Institutions Code is
amended to read:
5350. A conservator of the person, of the estate, or of the person
and the estate may be appointed for a person who is gravely
disabled as a result of a mental health disorder or impairment by
chronic alcoholism.
The procedure for establishing, administering, and terminating
a conservatorship under this chapter shall be the same as that
provided in Division 4 (commencing with Section 1400) of the
Probate Code, except as follows:
(a) A conservator may be appointed for a gravely disabled
minor.
(b) (1) Appointment of a conservator under this part, including
the appointment of a conservator for a person who is gravely
disabled, as defined in subparagraph (A) of paragraph (1) of
subdivision (h) of Section 5008, shall be subject to the list of
priorities in Section 1812 of the Probate Code unless the officer
providing conservatorship investigation recommends otherwise
to the superior court.
(2) In appointing a conservator for a person who is gravely
disabled, as defined in subparagraph (B) of paragraph (1) of
subdivision (h) of Section 5008, the court shall consider the
purposes of protection of the public and the treatment of the
conservatee. Notwithstanding any other provision of this section,
the court shall not appoint the proposed conservator if the court
determines that appointment of the proposed conservator will not
result in adequate protection of the public.
(c) A conservatorship of the estate pursuant to this chapter shall
not be established if a conservatorship or guardianship of the estate
exists under the Probate Code. When a gravely disabled person
already has a guardian or conservator of the person appointed
under the Probate Code, the proceedings under this chapter shall
not terminate the prior proceedings but shall be concurrent with
and superior thereto. The superior court may appoint the existing
guardian or conservator of the person or another person as
conservator of the person under this chapter.
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(d) (1) The person for whom conservatorship is sought shall
have the right to demand a court or jury trial on the issue of whether
the person is gravely disabled. Demand for court or jury trial shall
be made within five days following the hearing on the
conservatorship petition. If the proposed conservatee demands a
court or jury trial before the date of the hearing as provided for in
Section 5365, the demand shall constitute a waiver of the hearing.
(2) Court or jury trial shall commence within 10 days of the
date of the demand, except that the court shall continue the trial
date for a period not to exceed 15 days upon the request of counsel
for the proposed conservatee. Failure to commence the trial within
that period of time is grounds for dismissal of the conservatorship
proceedings.
(3) This right shall also apply in subsequent proceedings to
reestablish conservatorship.
(e) (1) Notwithstanding subparagraph (A) of paragraph (1) of
subdivision (h) of Section 5008, a person is not “gravely disabled”
if that person can survive safely without involuntary detention
with the help of responsible family, friends, or others who are both
willing and able to help provide for the person’s basic personal
needs.
(2) However, unless they specifically indicate in writing their
willingness and ability to help, family, friends, or others shall not
be considered willing or able to provide this help.
(3) The purpose of this subdivision is to avoid the necessity for,
and the harmful effects of, requiring family, friends, and others to
publicly state, and requiring the court to publicly find, that no one
is willing or able to assist a person with a mental health disorder
in providing for the person’s basic needs for food, clothing, or
shelter.
(4) This subdivision does not apply to a person who is gravely
disabled, as defined in subparagraph (B) of paragraph (1) of
subdivision (h) of Section 5008.
(f) Conservatorship investigation shall be conducted pursuant
to this part and shall not be subject to Section 1826 or Chapter 2
(commencing with Section 1850) of Part 3 of Division 4 of the
Probate Code.
(g) Notice of proceedings under this chapter shall be given to
a guardian or conservator of the person or estate of the proposed
conservatee appointed under the Probate Code.
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(h) As otherwise provided in this chapter.
SEC. 5. Section 5354 of the Welfare and Institutions Code is
amended to read:
5354. (a) The officer providing conservatorship investigation
shall investigate all available alternatives to conservatorship,
including, but not limited to, assisted outpatient treatment pursuant
to Section 5346 and the Community Assistance, Recovery, and
Empowerment (CARE) Act program pursuant to Section 5978, as
applicable, and shall recommend conservatorship to the court only
if no suitable alternatives are available. This officer shall render
to the court a written report of investigation prior to the hearing.
The report to the court shall be comprehensive and shall contain
all relevant aspects of the person’s medical, psychological,
financial, family, vocational, and social condition, and information
obtained from the person’s family members, close friends, social
worker, or principal therapist. The report shall also contain all
available information concerning the person’s real and personal
property. The facilities providing intensive treatment or
comprehensive evaluation shall disclose any records or information
that may facilitate the investigation. If the officer providing
conservatorship investigation recommends either for or against
conservatorship, the officer shall set forth all alternatives available,
including conservatorship, assisted outpatient treatment pursuant
to Section 5346 and the CARE Act program pursuant to Section
5978, as applicable, and all other less restrictive alternatives. A
copy of the report shall be transmitted to the individual who
originally recommended conservatorship, to the person or agency,
if any, recommended to serve as conservator, and to the person
recommended for conservatorship. The court may receive the
report in evidence and may read and consider the contents thereof
in rendering its judgment.
(b) Notwithstanding Section 5328, when a court with jurisdiction
over a person in a criminal case orders an evaluation of the person’s
mental condition pursuant to Section 5200, and that evaluation
leads to a conservatorship investigation, the officer providing the
conservatorship investigation shall serve a copy of the report
required under subdivision (a) upon the defendant or the
defendant’s counsel. Upon the prior written request of the
defendant or the defendant’s counsel, the officer providing the
conservatorship investigation shall also submit a copy of the report
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to the court hearing the criminal case, the district attorney, and the
county probation department. The conservatorship investigation
report and the information contained in that report, shall be kept
confidential and shall not be further disclosed to anyone without
the prior written consent of the defendant. After disposition of the
criminal case, the court shall place all copies of the report in a
sealed file, except as follows:
(1) The defendant and the defendant’s counsel may retain their
copy.
(2) If the defendant is placed on probation status, the county
probation department may retain a copy of the report for the
purpose of supervision of the defendant until the probation is
terminated, at which time the probation department shall return
its copy of the report to the court for placement into the sealed file.
SEC. 6. Section 5402 of the Welfare and Institutions Code is
amended to read:
5402. (a) The State Department of Health Care Services shall
collect data quarterly and publish, on or before May 1 of each year,
a report including quantitative, deidentified information concerning
the operation of this division. The report shall include an evaluation
of the effectiveness of achieving the legislative intent of this part
pursuant to Section 5001. Based on information that is available
from each county, the report shall include all of the following
information:
(1) The number of persons in designated and approved facilities
admitted or detained for 72-hour evaluation and treatment, admitted
for 14-day and 30-day periods of intensive treatment, and admitted
for 180-day postcertification intensive treatment in each county.
(2) The number of persons transferred to mental health facilities
pursuant to Section 4011.6 of the Penal Code in each county.
(3) The number of persons for whom temporary conservatorships
are established in each county.
(4) The number of persons for whom conservatorships are
established in each county.
(5) The number of persons admitted or detained either once,
between two and five times, between six and eight times, and
greater than eight times for each type of detention, including
72-hour evaluation and treatment, 14-day and 30-day periods of
intensive treatment, and 180-day postcertification intensive
treatment.
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(6) The clinical outcomes for individuals identified in paragraphs
(1) to (4), inclusive.
(7) The services provided or offered to individuals identified in
paragraphs (1) to (4), inclusive. Data pertaining to services
provided or offered to individuals placed on each type of hold shall
include, but not be limited to, assessment, evaluation, medication
treatment, crisis intervention, and psychiatric and psychological
treatment services. Data pertaining to services shall specify the
payer information or funding used to pay for services.
(8) The waiting periods for individuals prior to receiving an
evaluation in a designated and approved facility pursuant to Section
5150 or 5151 and waiting periods for individuals prior to receiving
treatment services in a designated facility, including the reasons
for waiting periods. The waiting period shall be calculated from
the date and time when the hold began and end on the date and
time when the individual received an evaluation or received
evaluation and treatment services in a designated facility.
(9) If the source of admission is an emergency department, the
date and time of service and release from emergency care.
(10) Demographic data of those receiving care, including age,
sex, gender identity, race, ethnicity, primary language, sexual
orientation, veteran status, and housing status, to the extent those
data are available.
(11) The number of all county-contracted beds.
(12) The number and outcomes of all of the following:
(A) The certification review hearings held pursuant to Section
5256.
(B) The petitions for writs of habeas corpus filed pursuant to
Section 5275.
(C) The judicial review hearings held pursuant to Section 5276.
(D) The petitions for capacity hearings filed pursuant to Section
5332.
(E) The capacity hearings held pursuant to Section 5334 in each
superior court.
(13) Analysis and evaluation of the efficacy of mental health
assessments, detentions, treatments, and supportive services
provided both under this part and subsequent to release.
(14) Recommendations for improving mental health
assessments, detentions, treatments, and supportive services
provided under this part and subsequent to release.
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(15) An assessment of the disproportionate use of detentions
and conservatorships on various groups, including an assessment
of use by the race, ethnicity, gender identity, age group, veteran
status, housing status, and Medi-Cal enrollment status of detained
and conserved persons. This assessment shall evaluate
disproportionate use at the county, regional, and state levels.
(16) An explanation for the absence of any data required
pursuant to this section that are not included in the report.
(17) Beginning with the report due May 1, 2025, the report shall
also include the progress that has been made on implementing
recommendations from prior reports issued under this subdivision.
(18) Beginning with the report due May 1, 2024, the number
of persons admitted or detained, including 72-hour evaluations
and treatment, 14-day and 30-day periods of intensive treatment,
and 180-day postcertification intensive treatment, for each of the
following conditions:
(A) Danger to self.
(B) Danger to others.
(C) Grave disability due to a mental health disorder.
(D) Grave disability due to a severe substance use disorder.
(E) Grave disability due to both a mental health disorder and a
severe substance use disorder.
(b) (1) (A) Each county behavioral health director shall provide
accurate and complete data to the department in a form and manner,
and in accordance with timelines, prescribed by the department.
(B) County behavioral health directors shall provide the data
specified in paragraphs (1) to (11), inclusive, of subdivision (a),
and any other information, records, and reports that the department
deems necessary for the purposes of this section.
(C) Data shall be submitted on a quarterly basis, or more
frequently, as required by the department. The department shall
not have access to patient name identifiers.
(2) (A) Each designated and approved facility that admits,
detains, or provides services to persons pursuant to this part and
Part 1.5 (commencing with Section 5585) and each other entity
involved in implementing Section 5150 shall collect and provide
accurate and complete data to the county behavioral health director
in the county in which they operate to meet the reporting
obligations specified in paragraphs (1) to (11), inclusive, of
subdivision (a) and any other information, records, and reports
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that the county or the department deems necessary for the purposes
of this section.
(B) A county may establish policies and procedures for this
paragraph to ensure compliance with the requirements of this
section. These facilities and entities shall collect and report data
to the county behavioral health director consistent with the county’s
policies and procedures, if established.
(C) Data shall be submitted to the county behavioral health
director on a quarterly basis, or more frequently, as required by
the county.
(3) A county behavioral health director shall provide the accurate
and complete data it receives pursuant to paragraph (2) to the
department pursuant to paragraph (1).
(4) All data submitted to the department by each county
behavioral health director shall be transmitted in a secure manner
in compliance with all applicable state and federal requirements,
including, but not limited to, Section 164.312 of Title 45 of the
Code of Federal Regulations.
(c) Information published pursuant to subdivision (a) shall not
contain data that may lead to the identification of patients receiving
services under this division and shall contain statistical data only.
Data published by the department shall be deidentified in
compliance with subdivision (b) of Section 164.514 of Title 45 of
the Code of Federal Regulations.
(d) The Judicial Council shall provide the department, by
October 1 of each year, with data from each superior court to
complete the report described in this section, including the number
and outcomes of certification review hearings held pursuant to
Section 5256, petitions for writs of habeas corpus filed pursuant
to Section 5275, judicial review hearings held pursuant to Section
5276, petitions for capacity hearings filed pursuant to Section
5332, and capacity hearings held pursuant to Section 5334 in each
superior court. The department shall not have access to patient
name identifiers.
(e) The department shall make the report publicly available on
the department’s internet website.
(f) (1) The department may impose a plan of correction or
assess civil money penalties, pursuant to paragraph (3), or both,
against a designated and approved facility that fails to submit data
on a timely basis or as otherwise required by this section.
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(2) The department may impose a plan of correction or assess
civil money penalties, pursuant to paragraph (3), or both, against
a county that fails to submit data on a timely basis or as otherwise
required by this section.
(3) The department may assess civil money penalties against a
designated and approved facility or county in the amount of fifty
dollars ($50) per day from the date specified in the notice to impose
civil money penalties from the department.
(4) (A) A designated and approved facility or county may
submit an informal written appeal of a civil money penalty to the
department within 30 calendar days of the date of issuance of a
notice to impose civil money penalties.
(B) The designated and approved facility or county shall include
any supporting documentation and explain any mitigating
circumstances.
(C) The department shall make a determination on the appeal
within 60 calendar days of receipt of the informal written appeal.
(5) (A) A designated and approved facility or county may
request a formal hearing within 30 calendar days following the
issuance of the department’s final determination on the appeal
pursuant to paragraph (4).
(B) All hearings to review the imposition of civil money
penalties shall be held pursuant to the procedures set forth in
Section 100171 of the Health and Safety Code.
(C) Civil money penalties imposed upon a designated and
approved facility or county shall continue to accrue until the
effective date of the final decision of the department.
(g) (1) The Lanterman-Petris-Short Act Data and Reporting
Oversight Fund is hereby created in the State Treasury.
(2) The Lanterman-Petris-Short Act Data and Reporting
Oversight Fund shall be administered by the State Department of
Health Care Services.
(3) Civil money penalties assessed and collected pursuant to
subdivision (f) shall be deposited into this fund.
(4) (A) Notwithstanding Section 13340 of the Government
Code, moneys deposited in the Lanterman-Petris-Short Act Data
and Reporting Oversight Fund shall be continuously appropriated,
without regard to fiscal year, to the State Department of Health
Care Services for the purposes of funding its oversight activities
and administrative costs associated with implementing this section.
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(B) Notwithstanding any other law, the Controller may use the
moneys in the Lanterman-Petris-Short Act Data and Reporting
Oversight Fund for cashflow loans to the General Fund as provided
in Sections 16310 and 16381 of the Government Code.
(h) Notwithstanding Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code,
the department may implement, interpret, or make specific this
section, in whole or in part, by means of information notices,
provider bulletins, or other similar instructions, without taking any
further regulatory action.
(i) The department may enter into exclusive or nonexclusive
contracts, or amend existing contracts, on a bid or negotiated basis
for purposes of administering or implementing the requirements
of this section. Contracts entered into or amended pursuant to this
section shall be exempt from Chapter 6 (commencing with Section
14825) of Part 5.5 of Division 3 of Title 2 of the Government
Code, Section 19130 of the Government Code, and Part 2
(commencing with Section 10100) of Division 2 of the Public
Contract Code, and shall be exempt from the review or approval
of any division of the Department of General Services.
SEC. 7. If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.
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Approved , 2023
Governor
Senate Bill No. 423
Passed the Senate September 11, 2023
Secretary of the Senate
Passed the Assembly September 7, 2023
Chief Clerk of the Assembly
This bill was received by the Governor this day
of , 2023, at o’clock m.
Private Secretary of the Governor
CHAPTER
An act to amend Section 65913.4 of the Government Code,
relating to land use.
legislative counsel’s digest
SB 423, Wiener. Land use: streamlined housing approvals:
multifamily housing developments.
Existing law, the Planning and Zoning Law, authorizes a
development proponent to submit an application for a multifamily
housing development that is subject to a streamlined, ministerial
approval process, as provided, and not subject to a conditional use
permit, if the development satisfies specified objective planning
standards, including, among others, that the development proponent
has committed to record, prior to the issuance of the first building
permit, a land use restriction or covenant providing that any lower
or moderate-income housing units required, as specified, remain
available at affordable housing costs, as defined, or rent to persons
and families of lower or moderate income for no less than specified
periods of time. Existing law repeals these provisions on January
1, 2026.
This bill would authorize the Department of General Services
to act in the place of a locality or local government, at the discretion
of that department, for purposes of the ministerial, streamlined
review for development in compliance with the above-described
requirements on property owned by or leased to the state. The bill
would extend the operation of the streamlined, ministerial approval
process to January 1, 2036. The bill would provide that the
streamlined, ministerial approval process does not apply to
applications for developments proposed on qualified sites, defined
as a site that is located within an equine or equestrian district and
meets certain other requirements, that are submitted on or after
January 1, 2024, but before July 1, 2025.
This bill would modify the above-described objective planning
standards, including by revising the standard that prohibits a
multifamily housing development from being subject to the
streamlined, ministerial approval process if the development is
located in a coastal zone to apply only if the development that is
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located in the coastal zone meets any one of specified conditions.
The bill would require a development that is located in a coastal
zone that satisfies the specified conditions to obtain a coastal
development permit. The bill would require a public agency with
coastal development permitting authority to approve a coastal
development permit if it determines that the development is
consistent with all objective standards of the local government’s
certified local coastal program, as specified. The bill would provide
that the changes made by this act would apply in a coastal zone
on or after January 1, 2025.
This bill would modify the objective planning standard that
prohibits a development subject to the streamlined, ministerial
approval process from being located in a high fire severity zone
by deleting the prohibition for a development to be located within
a high or very high fire hazard severity zone as indicated on maps
adopted by the Department of Forestry and Fire Protection, and
would instead prohibit a development from being located with the
state responsibility area, as defined, unless the site has adopted
specified standards. The bill would also remove an exception for
sites excluded from specified hazard zones by a local agency, as
specified.
This bill would also provide an alternative definition for
“affordable rent” for a development that dedicates 100% of units,
exclusive of a manager’s unit or units, to lower income households.
The bill would, among other modifications, delete the objective
planning standards requiring development proponents to pay at
least the general prevailing rate of per diem wages and utilize a
skilled and trained workforce and would instead require a
development proponent to certify to the local government that
certain wage and labor standards will be met, including a
requirement that all construction workers be paid at least the
general prevailing rate of wages, as specified. The bill would
require the Labor Commissioner to enforce the obligation to pay
prevailing wages. By expanding the crime of perjury, the bill would
impose a state-mandated local program. The bill would specify
that the requirements to pay prevailing wages, use a workforce
participating in an apprenticeship, or provide health care
expenditures do not apply to a project that consists of 10 or fewer
units and is not otherwise a public work.
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SB 423 — 3 —
Existing law requires a local government to approve a
development if the local government determines the development
is consistent with the objective planning standards. Existing law
requires, if the local government determines a submitted
development is in conflict with any of the objective planning
standards, the local government to provide the development
proponent written documentation of the standards the development
conflicts with and an explanation for the conflict within certain
timelines depending on the size of the development. Existing law,
the Housing Accountability Act, prohibits a local agency from
disapproving a housing development project, as described, unless
it makes specified written findings.
This bill would instead require approval if a local government’s
planning director or equivalent position determines the
development is consistent with the objective planning standards.
The bill would make conforming changes. The bill would require
all departments of the local government that are required to issue
an approval of the development prior to the granting of an
entitlement to also comply with the above-described streamlined
approval requirements within specified time periods. The bill would
prohibit a local government from requiring, prior to approving a
development that meets the requirements of the above-described
streamlining provisions, compliance with any standards necessary
to receive a postentitlement permit or studies, information, or other
materials that do not pertain directly to determining whether the
development is consistent with the objective planning standards
applicable to the development.
The bill would, for purposes of these provisions, establish that
the total number of units in a development includes (1) all projects
developed on a site, regardless of when those developments occur,
and (2) all projects developed on sites adjacent to a site developed
pursuant to these provisions if, after January 1, 2023, the adjacent
site had been subdivided from the site developed pursuant to these
provisions.
Existing law requires, before submitting an application for a
development subject to the above-described streamlined, ministerial
approval process, the development proponent to submit to the local
government a notice of its intent to submit an application, as
described.
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For developments proposed in a census tract that is designated
either as a moderate resource area, low resource area, or an area
of high segregation and poverty, as described, this bill would
require local governments to provide, within 45 days of receiving
a notice of intent and before the development proponent submits
an application for the proposed development that is subject to the
streamlined, ministerial approval process, for a public meeting, as
described, to provide an opportunity for the public and the local
government to comment on the development. The bill would
require this public meeting to be held by the jurisdiction’s planning
commission if the development proposal is located within a city
with a population greater than 250,000 or an unincorporated area
of a county with a population of greater than 250,000.
Existing law authorizes the local government’s planning
commission or any equivalent board or commission responsible
for review and approval of development projects, or as otherwise
specified, to conduct any design review or public oversight of the
development.
This bill would remove the above-described authorization to
conduct public oversight of the development and would only
authorize design review to be conducted by the local government’s
planning commission or any equivalent board or commission
responsible for design review.
By imposing additional duties on local officials, the bill would
impose a state-mandated local program.
The bill would include findings that changes proposed by this
bill address a matter of statewide concern rather than a municipal
affair and, therefore, apply to all cities, including charter cities.
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.
The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares that it has
provided reforms and incentives to facilitate and expedite the
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construction of affordable housing. Those reforms and incentives
can be found in the following provisions:
(a) Housing element law (Article 10.6 (commencing with
Section 65580) of Chapter 3 of Division 1 of Title 7 of the
Government Code).
(b) Extension of statute of limitations in actions challenging the
housing element and brought in support of affordable housing
(subdivision (d) of Section 65009 of the Government Code).
(c) Restrictions on disapproval of housing developments
(Section 65589.5 of the Government Code).
(d) Priority for affordable housing in the allocation of water and
sewer hookups (Section 65589.7 of the Government Code).
(e) Least cost zoning law (Section 65913.1 of the Government
Code).
(f) Density Bonus Law (Section 65915 of the Government
Code).
(g) Accessory dwelling units (Sections 65852.150 and 65852.2
of the Government Code).
(h) By-right housing, in which certain multifamily housing is
designated a permitted use (Section 65589.4 of the Government
Code).
(i) No-net-loss-in zoning density law limiting downzonings and
density reductions (Section 65863 of the Government Code).
(j) Requiring persons who sue to halt affordable housing to pay
attorney’s fees (Section 65914 of the Government Code) or post
a bond (Section 529.2 of the Code of Civil Procedure).
(k) Reduced time for action on affordable housing applications
under the approval of development permits process (Article 5
(commencing with Section 65950) of Chapter 4.5 of Division 1
of Title 7 of the Government Code).
(l) Limiting moratoriums on multifamily housing (Section 65858
of the Government Code).
(m) Prohibiting discrimination against affordable housing
(Section 65008 of the Government Code).
(n) California Fair Employment and Housing Act (Part 2.8
(commencing with Section 12900) of Division 3 of Title 2 of the
Government Code).
(o) Community Redevelopment Law (Part 1 (commencing with
Section 33000) of Division 24 of the Health and Safety Code, and
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in particular Sections 33334.2 and 33413 of the Health and Safety
Code).
(p) Streamlining housing approvals during a housing shortage
(Section 65913.4 of the Government Code).
(q) Housing sustainability districts (Chapter 11 (commencing
with Section 66200) of Division 1 of Title 7 of the Government
Code).
(r) Streamlining agricultural employee housing development
approvals (Section 17021.8 of the Health and Safety Code).
(s) The Housing Crisis Act of 2019 (Senate Bill 330 (Chapter
654 of the Statutes of 2019)).
(t) Allowing four units to be built on single-family parcels
statewide (Senate Bill 9 (Chapter 162 of the Statutes of 2021)).
(u) The Middle Class Housing Act of 2022 (Section 65852.24
of the Government Code).
(v) Affordable Housing and High Road Jobs Act of 2022
(Chapter 4.1 (commencing with Section 65912.100) of Division
1 of Title 7 of the Government Code).
SEC. 2. Section 65913.4 of the Government Code is amended
to read:
65913.4. (a) Except as provided in subdivision (r), a
development proponent may submit an application for a
development that is subject to the streamlined, ministerial approval
process provided by subdivision (c) and is not subject to a
conditional use permit or any other nonlegislative discretionary
approval if the development complies with subdivision (b) and
satisfies all of the following objective planning standards:
(1) The development is a multifamily housing development that
contains two or more residential units.
(2) The development and the site on which it is located satisfy
all of the following:
(A) It is a legal parcel or parcels located in a city if, and only
if, the city boundaries include some portion of either an urbanized
area or urban cluster, as designated by the United States Census
Bureau, or, for unincorporated areas, a legal parcel or parcels
wholly within the boundaries of an urbanized area or urban cluster,
as designated by the United States Census Bureau.
(B) At least 75 percent of the perimeter of the site adjoins parcels
that are developed with urban uses. For the purposes of this section,
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SB 423 — 7 —
parcels that are only separated by a street or highway shall be
considered to be adjoined.
(C) (i) A site that meets the requirements of clause (ii) and
satisfies any of the following:
(I) The site is zoned for residential use or residential mixed-use
development.
(II) The site has a general plan designation that allows residential
use or a mix of residential and nonresidential uses.
(III) The site meets the requirements of Section 65852.24.
(ii) At least two-thirds of the square footage of the development
is designated for residential use. Additional density, floor area,
and units, and any other concession, incentive, or waiver of
development standards granted pursuant to the Density Bonus Law
in Section 65915 shall be included in the square footage
calculation. The square footage of the development shall not
include underground space, such as basements or underground
parking garages.
(3) (A) The development proponent has committed to record,
prior to the issuance of the first building permit, a land use
restriction or covenant providing that any lower or moderate
income housing units required pursuant to subparagraph (B) of
paragraph (4) shall remain available at affordable housing costs
or rent to persons and families of lower or moderate income for
no less than the following periods of time:
(i) Fifty-five years for units that are rented.
(ii) Forty-five years for units that are owned.
(B) The city or county shall require the recording of covenants
or restrictions implementing this paragraph for each parcel or unit
of real property included in the development.
(4) The development satisfies clause (i) or (ii) of subparagraph
(A) and satisfies subparagraph (B) below:
(A) (i) For a development located in a locality that is in its sixth
or earlier housing element cycle, the development is located in
either of the following:
(I) In a locality that the department has determined is subject
to this clause on the basis that the number of units that have been
issued building permits, as shown on the most recent production
report received by the department, is less than the locality’s share
of the regional housing needs, by income category, for that
reporting period. A locality shall remain eligible under this
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subclause until the department’s determination for the next
reporting period.
(II) In a locality that the department has determined is subject
to this clause on the basis that the locality did not adopt a housing
element that has been found in substantial compliance with housing
element law (Article 10.6 (commencing with Section 65580) of
Chapter 3) by the department. A locality shall remain eligible under
this subclause until such time as the locality adopts a housing
element that has been found in substantial compliance with housing
element law (Article 10.6 (commencing with Section 65580) of
Chapter 3) by the department.
(ii) For a development located in a locality that is in its seventh
or later housing element cycle, is located in a locality that the
department has determined is subject to this clause on the basis
that the locality did not adopt a housing element that has been
found in substantial compliance with housing element law (Article
10.6 (commencing with Section 65580) of Chapter 3) by the
department by the statutory deadline, or that the number of units
that have been issued building permits, as shown on the most recent
production report received by the department, is less than the
locality’s share of the regional housing needs, by income category,
for that reporting period. A locality shall remain eligible under
this subparagraph until the department’s determination for the next
reporting period.
(B) The development is subject to a requirement mandating a
minimum percentage of below market rate housing based on one
of the following:
(i) The locality did not adopt a housing element pursuant to
Section 65588 that has been found in substantial compliance with
the housing element law (Article 10.6 (commencing with Section
65580) of Chapter 3) by the department, did not submit its latest
production report to the department by the time period required
by Section 65400, or that production report submitted to the
department reflects that there were fewer units of above
moderate-income housing issued building permits than were
required for the regional housing needs assessment cycle for that
reporting period. In addition, if the project contains more than 10
units of housing, the project does one of the following:
(I) For for-rent projects, the project dedicates a minimum of 10
percent of the total number of units, before calculating any density
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SB 423 — 9 —
bonus, to housing affordable to households making at or below 50
percent of the area median income. However, if the locality has
adopted a local ordinance that requires that greater than 10 percent
of the units be dedicated to housing affordable to households
making below 50 percent of the area median income, that local
ordinance applies.
(II) For for-sale projects, the project dedicates a minimum of
10 percent of the total number of units, before calculating any
density bonus, to housing affordable to households making at or
below 80 percent of the area median income. However, if the
locality has adopted a local ordinance that requires that greater
than 10 percent of the units be dedicated to housing affordable to
households making below 80 percent of the area median income,
that local ordinance applies.
(III) (ia) If the project is located within the San Francisco Bay
area, the project, in lieu of complying with subclause (I) or (II),
may opt to abide by this subclause. Projects utilizing this subclause
shall dedicate 20 percent of the total number of units, before
calculating any density bonus, to housing affordable to households
making below 100 percent of the area median income with the
average income of the units at or below 80 percent of the area
median income. However, a local ordinance adopted by the locality
applies if it requires greater than 20 percent of the units be
dedicated to housing affordable to households making at or below
100 percent of the area median income, or requires that any of the
units be dedicated at a level deeper than 100 percent. In order to
comply with this subclause, the rent or sale price charged for units
that are dedicated to housing affordable to households between 80
percent and 100 percent of the area median income shall not exceed
30 percent of the gross income of the household.
(ib) For purposes of this subclause, “San Francisco Bay area”
means the entire area within the territorial boundaries of the
Counties of Alameda, Contra Costa, Marin, Napa, San Mateo,
Santa Clara, Solano, and Sonoma, and the City and County of San
Francisco.
(ii) The locality’s latest production report reflects that there
were fewer units of housing issued building permits affordable to
either very low income or low-income households by income
category than were required for the regional housing needs
assessment cycle for that reporting period, and the project seeking
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— 10 — SB 423
approval dedicates 50 percent of the total number of units, before
calculating any density bonus, to housing affordable to households
making at or below 80 percent of the area median income.
However, if the locality has adopted a local ordinance that requires
that greater than 50 percent of the units be dedicated to housing
affordable to households making at or below 80 percent of the area
median income, that local ordinance applies.
(iii) The locality did not submit its latest production report to
the department by the time period required by Section 65400, or
if the production report reflects that there were fewer units of
housing affordable to both income levels described in clauses (i)
and (ii) that were issued building permits than were required for
the regional housing needs assessment cycle for that reporting
period, the project seeking approval may choose between utilizing
clause (i) or (ii).
(C) (i) A development proponent that uses a unit of affordable
housing to satisfy the requirements of subparagraph (B) may also
satisfy any other local or state requirement for affordable housing,
including local ordinances or the Density Bonus Law in Section
65915, provided that the development proponent complies with
the applicable requirements in the state or local law. If a local
requirement for affordable housing requires units that are restricted
to households with incomes higher than the applicable income
limits required in subparagraph (B), then units that meet the
applicable income limits required in subparagraph (B) shall be
deemed to satisfy those local requirements for higher income units.
(ii) A development proponent that uses a unit of affordable
housing to satisfy any other state or local affordability requirement
may also satisfy the requirements of subparagraph (B), provided
that the development proponent complies with applicable
requirements of subparagraph (B).
(iii) A development proponent may satisfy the affordability
requirements of subparagraph (B) with a unit that is restricted to
households with incomes lower than the applicable income limits
required in subparagraph (B).
(D) The amendments to this subdivision made by the act adding
this subparagraph do not constitute a change in, but are declaratory
of, existing law.
(5) The development, excluding any additional density or any
other concessions, incentives, or waivers of development standards
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SB 423 — 11 —
for which the development is eligible pursuant to the Density Bonus
Law in Section 65915, is consistent with objective zoning
standards, objective subdivision standards, and objective design
review standards in effect at the time that the development is
submitted to the local government pursuant to this section, or at
the time a notice of intent is submitted pursuant to subdivision (b),
whichever occurs earlier. For purposes of this paragraph, “objective
zoning standards,” “objective subdivision standards,” and
“objective design review standards” mean standards that involve
no personal or subjective judgment by a public official and are
uniformly verifiable by reference to an external and uniform
benchmark or criterion available and knowable by both the
development applicant or proponent and the public official before
submittal. These standards may be embodied in alternative
objective land use specifications adopted by a city or county, and
may include, but are not limited to, housing overlay zones, specific
plans, inclusionary zoning ordinances, and density bonus
ordinances, subject to the following:
(A) A development shall be deemed consistent with the objective
zoning standards related to housing density, as applicable, if the
density proposed is compliant with the maximum density allowed
within that land use designation, notwithstanding any specified
maximum unit allocation that may result in fewer units of housing
being permitted.
(B) In the event that objective zoning, general plan, subdivision,
or design review standards are mutually inconsistent, a
development shall be deemed consistent with the objective zoning
and subdivision standards pursuant to this subdivision if the
development is consistent with the standards set forth in the general
plan.
(C) It is the intent of the Legislature that the objective zoning
standards, objective subdivision standards, and objective design
review standards described in this paragraph be adopted or
amended in compliance with the requirements of Chapter 905 of
the Statutes of 2004.
(D) The amendments to this subdivision made by the act adding
this subparagraph do not constitute a change in, but are declaratory
of, existing law.
(E) A project that satisfies the requirements of Section 65852.24
shall be deemed consistent with objective zoning standards,
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objective design standards, and objective subdivision standards if
the project is consistent with the provisions of subdivision (b) of
Section 65852.24 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. For purposes
of this subdivision, “residential hotel” shall have the same meaning
as defined in Section 50519 of the Health and Safety Code.
(6) The development is not located on a site that is any of the
following:
(A) (i) An area of the coastal zone subject to paragraph (1) or
(2) of subdivision (a) of Section 30603 of the Public Resources
Code.
(ii) An area of the coastal zone that is not subject to a certified
local coastal program or a certified land use plan.
(iii) An area of the coastal zone that is vulnerable to five feet
of sea level rise, as determined by the National Oceanic and
Atmospheric Administration, the Ocean Protection Council, the
United States Geological Survey, the University of California, or
a local government’s coastal hazards vulnerability assessment.
(iv) In a parcel within the coastal zone that is not zoned for
multifamily housing.
(v) In a parcel in the coastal zone and located on either of the
following:
(I) On, or within a 100-foot radius of, a wetland, as defined in
Section 30121 of the Public Resources Code.
(II) On prime agricultural land, as defined in Sections 30113
and 30241 of the Public Resources Code.
(B) Either prime farmland or farmland of statewide importance,
as defined pursuant to United States Department of Agriculture
land inventory and monitoring criteria, as modified for California,
and designated on the maps prepared by the Farmland Mapping
and Monitoring Program of the Department of Conservation, or
land zoned or designated for agricultural protection or preservation
by a local ballot measure that was approved by the voters of that
jurisdiction.
(C) Wetlands, as defined in the United States Fish and Wildlife
Service Manual, Part 660 FW 2 (June 21, 1993).
(D) Within a very high fire hazard severity zone, as determined
by the Department of Forestry and Fire Protection pursuant to
Section 51178, or within the state responsibility area, as defined
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SB 423 — 13 —
in Section 4102 of the Public Resources Code. This subparagraph
does not apply to sites that have adopted fire hazard mitigation
measures pursuant to existing building standards or state fire
mitigation measures applicable to the development, including, but
not limited to, standards established under all of the following or
their successor provisions:
(i) Section 4291 of the Public Resources Code or Section 51182,
as applicable.
(ii) Section 4290 of the Public Resources Code.
(iii) Chapter 7A of the California Building Code (Title 24 of
the California Code of Regulations).
(E) A hazardous waste site that is listed pursuant to Section
65962.5 or a hazardous waste site designated by the Department
of Toxic Substances Control pursuant to Section 25356 of the
Health and Safety Code, unless either of the following apply:
(i) The site is an underground storage tank site that received a
uniform closure letter issued pursuant to subdivision (g) of Section
25296.10 of the Health and Safety Code based on closure criteria
established by the State Water Resources Control Board for
residential use or residential mixed uses. This section does not
alter or change the conditions to remove a site from the list of
hazardous waste sites listed pursuant to Section 65962.5.
(ii) The State Department of Public Health, State Water
Resources Control Board, Department of Toxic Substances Control,
or a local agency making a determination pursuant to subdivision
(c) of Section 25296.10 of the Health and Safety Code, has
otherwise determined that the site is suitable for residential use or
residential mixed uses.
(F) Within a delineated earthquake fault zone as determined by
the State Geologist in any official maps published by the State
Geologist, unless the development complies with applicable seismic
protection building code standards adopted by the California
Building Standards Commission under the California Building
Standards Law (Part 2.5 (commencing with Section 18901) of
Division 13 of the Health and Safety Code), and by any local
building department under Chapter 12.2 (commencing with Section
8875) of Division 1 of Title 2.
(G) Within a special flood hazard area subject to inundation by
the 1 percent annual chance flood (100-year flood) as determined
by the Federal Emergency Management Agency in any official
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maps published by the Federal Emergency Management Agency.
If a development proponent is able to satisfy all applicable federal
qualifying criteria in order to provide that the site satisfies this
subparagraph and is otherwise eligible for streamlined approval
under this section, a local government shall not deny the application
on the basis that the development proponent did not comply with
any additional permit requirement, standard, or action adopted by
that local government that is applicable to that site. A development
may be located on a site described in this subparagraph if either
of the following are met:
(i) The site has been subject to a Letter of Map Revision
prepared by the Federal Emergency Management Agency and
issued to the local jurisdiction.
(ii) The site meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain management
criteria of the National Flood Insurance Program pursuant to Part
59 (commencing with Section 59.1) and Part 60 (commencing
with Section 60.1) of Subchapter B of Chapter I of Title 44 of the
Code of Federal Regulations.
(H) Within a regulatory floodway as determined by the Federal
Emergency Management Agency in any official maps published
by the Federal Emergency Management Agency, unless the
development has received a no-rise certification in accordance
with Section 60.3(d)(3) of Title 44 of the Code of Federal
Regulations. If a development proponent is able to satisfy all
applicable federal qualifying criteria in order to provide that the
site satisfies this subparagraph and is otherwise eligible for
streamlined approval under this section, a local government shall
not deny the application on the basis that the development
proponent did not comply with any additional permit requirement,
standard, or action adopted by that local government that is
applicable to that site.
(I) Lands identified for conservation in an adopted natural
community conservation plan pursuant to the Natural Community
Conservation Planning Act (Chapter 10 (commencing with Section
2800) of Division 3 of the Fish and Game Code), habitat
conservation plan pursuant to the federal Endangered Species Act
of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural
resource protection plan.
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SB 423 — 15 —
(J) Habitat for protected species identified as candidate,
sensitive, or species of special status by state or federal agencies,
fully protected species, or species protected by the federal
Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.),
the California Endangered Species Act (Chapter 1.5 (commencing
with Section 2050) of Division 3 of the Fish and Game Code), or
the Native Plant Protection Act (Chapter 10 (commencing with
Section 1900) of Division 2 of the Fish and Game Code).
(K) Lands under conservation easement.
(7) The development is not located on a site where any of the
following apply:
(A) The development would require the demolition of the
following types of housing:
(i) Housing that is subject to a recorded covenant, ordinance,
or law that restricts rents to levels affordable to persons and
families of moderate, low, or very low income.
(ii) Housing that is subject to any form of rent or price control
through a public entity’s valid exercise of its police power.
(iii) Housing that has been occupied by tenants within the past
10 years.
(B) The site was previously used for housing that was occupied
by tenants that was demolished within 10 years before the
development proponent submits an application under this section.
(C) The development would require the demolition of a historic
structure that was placed on a national, state, or local historic
register.
(D) The property contains housing units that are occupied by
tenants, and units at the property are, or were, subsequently offered
for sale to the general public by the subdivider or subsequent owner
of the property.
(8) Except as provided in paragraph (9), a proponent of a
development project approved by a local government pursuant to
this section shall require in contracts with construction contractors,
and shall certify to the local government, that the following
standards specified in this paragraph will be met in project
construction, as applicable:
(A) A development that is not in its entirety a public work for
purposes of Chapter 1 (commencing with Section 1720) of Part 7
of Division 2 of the Labor Code and approved by a local
government pursuant to Article 2 (commencing with Section
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65912.110) or Article 3 (commencing with Section 65912.120)
shall be subject to all of the following:
(i) All construction workers employed in the execution of the
development shall be paid at least the general prevailing rate of
per diem wages for the type of work and geographic area, as
determined by the Director of Industrial Relations pursuant to
Sections 1773 and 1773.9 of the Labor Code, 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.
(ii) The development proponent shall 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.
(iii) All contractors and subcontractors for those portions of the
development that are not a public work shall comply with both of
the following:
(I) Pay to all construction workers employed in the execution
of the work at least the general prevailing rate of per diem wages,
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.
(II) Maintain and verify payroll records pursuant to Section
1776 of the Labor Code and make those records available for
inspection and copying as provided in that section. This subclause
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. For purposes of this subclause, “project labor
agreement” has the same meaning as set forth in paragraph (1) of
subdivision (b) of Section 2500 of the Public Contract Code.
(B) (i) The obligation of the contractors and subcontractors to
pay prevailing wages pursuant to this paragraph may be enforced
by any of the following:
(I) The Labor Commissioner through the issuance of a civil
wage and penalty assessment pursuant to Section 1741 of the Labor
Code, which may be reviewed pursuant to Section 1742 of the
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SB 423 — 17 —
Labor Code, within 18 months after the completion of the
development.
(II) An underpaid worker through an administrative complaint
or civil action.
(III) A joint labor-management committee through a civil action
under Section 1771.2 of the Labor Code.
(ii) If a civil wage and penalty assessment is issued pursuant to
this paragraph, the contractor, subcontractor, and surety on a bond
or bonds issued to secure the payment of wages covered by the
assessment shall be liable for liquidated damages pursuant to
Section 1742.1 of the Labor Code.
(iii) This paragraph 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. For purposes of this clause,
“project labor agreement” has the same meaning as set forth in
paragraph (1) of subdivision (b) of Section 2500 of the Public
Contract Code.
(C) Notwithstanding subdivision (c) of Section 1773.1 of the
Labor Code, the requirement that employer payments not reduce
the obligation to pay the hourly straight time or overtime wages
found to be prevailing 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.
(D) The requirement of this paragraph to pay at least the general
prevailing rate of per diem wages does not preclude use of an
alternative workweek schedule adopted pursuant to Section 511
or 514 of the Labor Code.
(E) A development of 50 or more housing units approved by a
local government pursuant to this section shall meet all of the
following labor standards:
(i) The development proponent shall require in contracts with
construction contractors and shall 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 shall
satisfy the requirements in clauses (ii) and (iii). A construction
contractor is deemed in compliance with clauses (ii) and (iii) if it
is signatory to a valid collective bargaining agreement that requires
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utilization of registered apprentices and expenditures on health
care for employees and dependents.
(ii) A contractor with construction craft employees shall either
participate in an apprenticeship program approved by the California
Division of Apprenticeship Standards pursuant to Section 3075 of
the Labor Code, or request the dispatch of apprentices from a
state-approved apprenticeship program under the terms and
conditions set forth in Section 1777.5 of the Labor Code. A
contractor without construction craft employees shall show a
contractual obligation that its subcontractors comply with this
clause.
(iii) Each contractor with construction craft employees shall
make health care expenditures for each employee in an amount
per hour worked on the development equivalent to at least the
hourly pro rata cost of a Covered California Platinum level plan
for two adults 40 years of age and two dependents 0 to 14 years
of age for the Covered California rating area in which the
development is located. A contractor without construction craft
employees shall show a contractual obligation that its
subcontractors comply with this clause. Qualifying expenditures
shall be credited toward compliance with prevailing wage payment
requirements set forth in this paragraph.
(iv) (I) The development proponent shall provide to the local
government, on a monthly basis while its construction contracts
on the development are being performed, a report demonstrating
compliance with clauses (ii) and (iii). The reports shall be
considered public records under the California Public Records Act
(Division 10 (commencing with Section 7920.000) of Title 1) and
shall be open to public inspection.
(II) A development proponent that fails to provide the monthly
report shall be subject to a civil penalty for each month for which
the report has not been provided, in the amount of 10 percent of
the dollar value of construction work performed by that contractor
on the development in the month in question, up to a maximum
of ten thousand dollars ($10,000). Any contractor or subcontractor
that fails to comply with clauses (ii) and (iii) shall be subject to a
civil penalty of two hundred dollars ($200) per day for each worker
employed in contravention of clauses (ii) and (iii).
(III) Penalties may be assessed by the Labor Commissioner
within 18 months of completion of the development using the
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procedures for issuance of civil wage and penalty assessments
specified in Section 1741 of the Labor Code, and may be reviewed
pursuant to Section 1742 of the Labor Code. Penalties shall be
deposited in the State Public Works Enforcement Fund established
pursuant to Section 1771.3 of the Labor Code.
(v) Each construction contractor shall maintain and verify
payroll records pursuant to Section 1776 of the Labor Code. Each
construction contractor shall submit payroll records directly to the
Labor Commissioner at least monthly in a format prescribed by
the Labor Commissioner in accordance with subparagraph (A) of
paragraph (3) of subdivision (a) of Section 1771.4 of the Labor
Code. The records shall include a statement of fringe benefits.
Upon request by a joint labor-management cooperation committee
established pursuant to the federal Labor Management Cooperation
Act of 1978 (29 U.S.C. Sec. 175a), the records shall be provided
pursuant to subdivision (e) of Section 1776 of the Labor Code.
(vi) All construction contractors shall report any change in
apprenticeship program participation or health care expenditures
to the local government within 10 business days, and shall reflect
those changes on the monthly report. The reports shall be
considered public records pursuant to the California Public Records
Act (Division 10 (commencing with Section 7920.000) of Title 1)
and shall be open to public inspection.
(vii) A joint labor-management cooperation committee
established pursuant to the federal Labor Management Cooperation
Act of 1978 (29 U.S.C. Sec. 175a) shall have standing to sue a
construction contractor for failure to make health care expenditures
pursuant to clause (iii) in accordance with Section 218.7 or 218.8
of the Labor Code.
(F) For any project over 85 feet in height above grade, the
following skilled and trained workforce provisions apply:
(i) Except as provided in clause (ii), the developer shall enter
into construction contracts with prime contractors only if all of the
following are satisfied:
(I) The contract contains an enforceable commitment that the
prime contractor and subcontractors at every tier will use a skilled
and trained workforce, as defined in Section 2601 of the Public
Contract Code, to perform work on the project that falls within an
apprenticeable occupation in the building and construction trades.
However, this enforceable commitment requirement shall not apply
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to any scopes of work where new bids are accepted pursuant to
subclause (I) of clause (ii).
(II) The developer or prime contractor shall establish minimum
bidding requirements for subcontractors that are objective to the
maximum extent possible. The developer or prime contractor shall
not impose any obstacles in the bid process for subcontractors that
go beyond what is reasonable and commercially customary. The
developer or prime contractor must accept bids submitted by any
bidder that meets the minimum criteria set forth in the bid
solicitation.
(III) The prime contractor has provided an affidavit under
penalty of perjury that, in compliance with this subparagraph, it
will use a skilled and trained workforce and will obtain from its
subcontractors an enforceable commitment to use a skilled and
trained workforce for each scope of work in which it receives at
least three bids attesting to satisfaction of the skilled and trained
workforce requirements.
(IV) When a prime contractor or subcontractor is required to
provide an enforceable commitment that a skilled and trained
workforce will be used to complete a contract or project, the
commitment shall be made in an enforceable agreement with the
developer that provides the following:
(ia) The prime contractor and subcontractors at every tier will
comply with this chapter.
(ib) The prime contractor will provide the developer, on a
monthly basis while the project or contract is being performed, a
report demonstrating compliance by the prime contractor.
(ic) The prime contractor shall provide the developer, on a
monthly basis while the project or contract is being performed,
the monthly reports demonstrating compliance submitted to the
prime contractor by the affected subcontractors.
(ii) (I) If a prime contractor fails to receive at least three bids
in a scope of construction work from subcontractors that attest to
satisfying the skilled and trained workforce requirements as
described in this subparagraph, the prime contractor may accept
new bids for that scope of work. The prime contractor need not
require that a skilled and trained workforce be used by the
subcontractors for that scope of work.
(II) The requirements of this subparagraph shall not apply if all
contractors, subcontractors, and craft unions performing work on
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the development are subject to a multicraft 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. The multicraft project labor agreement shall include
all construction crafts with applicable coverage determinations for
the specified scopes of work on the project pursuant to Section
1773 of the Labor Code and shall be executed by all applicable
labor organizations regardless of affiliation. For purposes of this
clause, “project labor agreement” means a prehire collective
bargaining agreement that establishes terms and conditions of
employment for a specific construction project or projects and is
an agreement described in Section 158(f) of Title 29 of the United
States Code.
(III) Requirements set forth in this subparagraph shall not apply
to projects where 100 percent of the units, exclusive of a manager’s
unit or units, are dedicated to lower income households, as defined
by Section 50079.5 of the Health and Safety Code.
(iii) If the skilled and trained workforce requirements of this
subparagraph apply, the prime contractor shall require
subcontractors to provide, and subcontractors on the project shall
provide, the following to the prime contractor:
(I) An affidavit signed under penalty of perjury that a skilled
and trained workforce shall be employed on the project.
(II) Reports on a monthly basis, while the project or contract is
being performed, demonstrating compliance with this chapter.
(iv) Upon issuing any invitation or bid solicitation for the
project, but no less than seven days before the bid is due, the
developer shall send a notice of the invitation or solicitation that
describes the project to the following entities within the jurisdiction
of the proposed project site:
(I) Any bona fide labor organization representing workers in
the building and construction trades who may perform work
necessary to complete the project and the local building and
construction trades council.
(II) Any organization representing contractors that may perform
work necessary to complete the project, including any contractors’
association or regional builders’ exchange.
(v) The developer or prime contractor shall, within three
business days of a request by a joint labor-management cooperation
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committee established pursuant to the federal Labor Management
Cooperation 8 Act of 1978 (29 U.S.C. Sec. 175a), provide all of
the following:
(I) The names and Contractors State License Board numbers of
the prime contractor and any subcontractors that submitted a
proposal or bid for the development project.
(II) The names and Contractors State License Board numbers
of contractors and subcontractors that are under contract to perform
construction work.
(vi) (I) For all projects subject to this subparagraph, the
development proponent shall provide to the locality, on a monthly
basis while the project or contract is being performed, a report
demonstrating that the self-performing prime contractor and all
subcontractors used a skilled and trained workforce, as defined in
Section 2601 of the Public Contract Code, unless otherwise exempt
under this subparagraph. A monthly report provided to the locality
pursuant to this subclause shall be a public record under the
California Public Records Act Division 10 (commencing with
Section 7920.000) of Title 1 and shall be open to public inspection.
A developer that fails to provide a complete monthly report shall
be subject to a civil penalty of 10 percent of the dollar value of
construction work performed by that contractor on the project in
the month in question, up to a maximum of ten thousand dollars
($10,000) per month for each month for which the report has not
been provided.
(II) Any subcontractors or prime contractor self-performing
work subject to the skilled and trained workforce requirements
under this subparagraph that fail to use a skilled and trained
workforce shall be subject to a civil penalty of two hundred dollars
($200) per day for each worker employed in contravention of the
skilled and trained workforce requirement. Penalties may be
assessed by the Labor Commissioner within 18 months of
completion of the project using the same issuance of civil wage
and penalty assessments pursuant to Section 1741 of the Labor
Code and may be reviewed pursuant to the same procedures in
Section 1742 of the Labor Code. Prime contractors shall not be
jointly liable for violations of this subparagraph by subcontractors.
Penalties shall be paid to the State Public Works Enforcement
Fund or the locality or its labor standards enforcement agency,
depending on the lead entity performing the enforcement work.
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(III) Any provision of a contract or agreement of any kind
between a developer and a prime contractor that purports to
delegate, transfer, or assign to a prime contractor any obligations
of or penalties incurred by a developer shall be deemed contrary
to public policy and shall be void and unenforceable.
(G) A locality, and any labor standards enforcement agency the
locality lawfully maintains, shall have standing to take
administrative action or sue a construction contractor for failure
to comply with this paragraph. A prevailing locality or labor
standards enforcement agency shall distribute any wages and
penalties to workers in accordance with law and retain any fees,
additional penalties, or assessments.
(9) Notwithstanding paragraph (8), a development that is subject
to approval pursuant to this section is exempt from any requirement
to pay prevailing wages, use a workforce participating in an
apprenticeship, or provide health care expenditures if it satisfies
both of the following:
(A) The project consists of 10 or fewer units.
(B) The project is not a public work for purposes of Chapter 1
(commencing with Section 1720) of Part 7 of Division 2 of the
Labor Code.
(10) The development shall not be upon an existing parcel of
land or site that is governed under the Mobilehome Residency Law
(Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2
of Division 2 of the Civil Code), the Recreational Vehicle Park
Occupancy Law (Chapter 2.6 (commencing with Section 799.20)
of Title 2 of Part 2 of Division 2 of the Civil Code), the
Mobilehome Parks Act (Part 2.1 (commencing with Section 18200)
of Division 13 of the Health and Safety Code), or the Special
Occupancy Parks Act (Part 2.3 (commencing with Section 18860)
of Division 13 of the Health and Safety Code).
(b) (1) (A) (i) Before submitting an application for a
development subject to the streamlined, ministerial approval
process described in subdivision (c), the development proponent
shall submit to the local government a notice of its intent to submit
an application. The notice of intent shall be in the form of a
preliminary application that includes all of the information
described in Section 65941.1, as that section read on January 1,
2020.
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(ii) Upon receipt of a notice of intent to submit an application
described in clause (i), the local government shall engage in a
scoping consultation regarding the proposed development with
any California Native American tribe that is traditionally and
culturally affiliated with the geographic area, as described in
Section 21080.3.1 of the Public Resources Code, of the proposed
development. In order to expedite compliance with this subdivision,
the local government shall contact the Native American Heritage
Commission for assistance in identifying any California Native
American tribe that is traditionally and culturally affiliated with
the geographic area of the proposed development.
(iii) The timeline for noticing and commencing a scoping
consultation in accordance with this subdivision shall be as follows:
(I) The local government shall provide a formal notice of a
development proponent’s notice of intent to submit an application
described in clause (i) to each California Native American tribe
that is traditionally and culturally affiliated with the geographic
area of the proposed development within 30 days of receiving that
notice of intent. The formal notice provided pursuant to this
subclause shall include all of the following:
(ia) A description of the proposed development.
(ib) The location of the proposed development.
(ic) An invitation to engage in a scoping consultation in
accordance with this subdivision.
(II) Each California Native American tribe that receives a formal
notice pursuant to this clause shall have 30 days from the receipt
of that notice to accept the invitation to engage in a scoping
consultation.
(III) If the local government receives a response accepting an
invitation to engage in a scoping consultation pursuant to this
subdivision, the local government shall commence the scoping
consultation within 30 days of receiving that response.
(B) The scoping consultation shall recognize that California
Native American tribes traditionally and culturally affiliated with
a geographic area have knowledge and expertise concerning the
resources at issue and shall take into account the cultural
significance of the resource to the culturally affiliated California
Native American tribe.
(C) The parties to a scoping consultation conducted pursuant
to this subdivision shall be the local government and any California
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Native American tribe traditionally and culturally affiliated with
the geographic area of the proposed development. More than one
California Native American tribe traditionally and culturally
affiliated with the geographic area of the proposed development
may participate in the scoping consultation. However, the local
government, upon the request of any California Native American
tribe traditionally and culturally affiliated with the geographic area
of the proposed development, shall engage in a separate scoping
consultation with that California Native American tribe. The
development proponent and its consultants may participate in a
scoping consultation process conducted pursuant to this subdivision
if all of the following conditions are met:
(i) The development proponent and its consultants agree to
respect the principles set forth in this subdivision.
(ii) The development proponent and its consultants engage in
the scoping consultation in good faith.
(iii) The California Native American tribe participating in the
scoping consultation approves the participation of the development
proponent and its consultants. The California Native American
tribe may rescind its approval at any time during the scoping
consultation, either for the duration of the scoping consultation or
with respect to any particular meeting or discussion held as part
of the scoping consultation.
(D) The participants to a scoping consultation pursuant to this
subdivision shall comply with all of the following confidentiality
requirements:
(i) Section 7927.000.
(ii) Section 7927.005.
(iii) Subdivision (c) of Section 21082.3 of the Public Resources
Code.
(iv) Subdivision (d) of Section 15120 of Title 14 of the
California Code of Regulations.
(v) Any additional confidentiality standards adopted by the
California Native American tribe participating in the scoping
consultation.
(E) The California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code)
shall not apply to a scoping consultation conducted pursuant to
this subdivision.
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(2) (A) If, after concluding the scoping consultation, the parties
find that no potential tribal cultural resource would be affected by
the proposed development, the development proponent may submit
an application for the proposed development that is subject to the
streamlined, ministerial approval process described in subdivision
(c).
(B) If, after concluding the scoping consultation, the parties
find that a potential tribal cultural resource could be affected by
the proposed development and an enforceable agreement is
documented between the California Native American tribe and the
local government on methods, measures, and conditions for tribal
cultural resource treatment, the development proponent may submit
the application for a development subject to the streamlined,
ministerial approval process described in subdivision (c). The local
government shall ensure that the enforceable agreement is included
in the requirements and conditions for the proposed development.
(C) If, after concluding the scoping consultation, the parties
find that a potential tribal cultural resource could be affected by
the proposed development and an enforceable agreement is not
documented between the California Native American tribe and the
local government regarding methods, measures, and conditions
for tribal cultural resource treatment, the development shall not
be eligible for the streamlined, ministerial approval process
described in subdivision (c).
(D) For purposes of this paragraph, a scoping consultation shall
be deemed to be concluded if either of the following occur:
(i) The parties to the scoping consultation document an
enforceable agreement concerning methods, measures, and
conditions to avoid or address potential impacts to tribal cultural
resources that are or may be present.
(ii) One or more parties to the scoping consultation, acting in
good faith and after reasonable effort, conclude that a mutual
agreement on methods, measures, and conditions to avoid or
address impacts to tribal cultural resources that are or may be
present cannot be reached.
(E) If the development or environmental setting substantially
changes after the completion of the scoping consultation, the local
government shall notify the California Native American tribe of
the changes and engage in a subsequent scoping consultation if
requested by the California Native American tribe.
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(3) A local government may only accept an application for
streamlined, ministerial approval pursuant to this section if one of
the following applies:
(A) A California Native American tribe that received a formal
notice of the development proponent’s notice of intent to submit
an application pursuant to subclause (I) of clause (iii) of
subparagraph (A) of paragraph (1) did not accept the invitation to
engage in a scoping consultation.
(B) The California Native American tribe accepted an invitation
to engage in a scoping consultation pursuant to subclause (II) of
clause (iii) of subparagraph (A) of paragraph (1) but substantially
failed to engage in the scoping consultation after repeated
documented attempts by the local government to engage the
California Native American tribe.
(C) The parties to a scoping consultation pursuant to this
subdivision find that no potential tribal cultural resource will be
affected by the proposed development pursuant to subparagraph
(A) of paragraph (2).
(D) A scoping consultation between a California Native
American tribe and the local government has occurred in
accordance with this subdivision and resulted in agreement
pursuant to subparagraph (B) of paragraph (2).
(4) A project shall not be eligible for the streamlined, ministerial
process described in subdivision (c) if any of the following apply:
(A) There is a tribal cultural resource that is on a national, state,
tribal, or local historic register list located on the site of the project.
(B) There is a potential tribal cultural resource that could be
affected by the proposed development and the parties to a scoping
consultation conducted pursuant to this subdivision do not
document an enforceable agreement on methods, measures, and
conditions for tribal cultural resource treatment, as described in
subparagraph (C) of paragraph (2).
(C) The parties to a scoping consultation conducted pursuant
to this subdivision do not agree as to whether a potential tribal
cultural resource will be affected by the proposed development.
(5) (A) If, after a scoping consultation conducted pursuant to
this subdivision, a project is not eligible for the streamlined,
ministerial process described in subdivision (c) for any or all of
the following reasons, the local government shall provide written
documentation of that fact, and an explanation of the reason for
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which the project is not eligible, to the development proponent
and to any California Native American tribe that is a party to that
scoping consultation:
(i) There is a tribal cultural resource that is on a national, state,
tribal, or local historic register list located on the site of the project,
as described in subparagraph (A) of paragraph (4).
(ii) The parties to the scoping consultation have not documented
an enforceable agreement on methods, measures, and conditions
for tribal cultural resource treatment, as described in subparagraph
(C) of paragraph (2) and subparagraph (B) of paragraph (4).
(iii) The parties to the scoping consultation do not agree as to
whether a potential tribal cultural resource will be affected by the
proposed development, as described in subparagraph (C) of
paragraph (4).
(B) The written documentation provided to a development
proponent pursuant to this paragraph shall include information on
how the development proponent may seek a conditional use permit
or other discretionary approval of the development from the local
government.
(6) This section is not intended, and shall not be construed, to
limit consultation and discussion between a local government and
a California Native American tribe pursuant to other applicable
law, confidentiality provisions under other applicable law, the
protection of religious exercise to the fullest extent permitted under
state and federal law, or the ability of a California Native American
tribe to submit information to the local government or participate
in any process of the local government.
(7) For purposes of this subdivision:
(A) “Consultation” means the meaningful and timely process
of seeking, discussing, and considering carefully the views of
others, in a manner that is cognizant of all parties’ cultural values
and, where feasible, seeking agreement. Consultation between
local governments and Native American tribes shall be conducted
in a way that is mutually respectful of each party’s sovereignty.
Consultation shall also recognize the tribes’ potential needs for
confidentiality with respect to places that have traditional tribal
cultural importance. A lead agency shall consult the tribal
consultation best practices described in the “State of California
Tribal Consultation Guidelines: Supplement to the General Plan
Guidelines” prepared by the Office of Planning and Research.
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(B) “Scoping” means the act of participating in early discussions
or investigations between the local government and California
Native American tribe, and the development proponent if
authorized by the California Native American tribe, regarding the
potential effects a proposed development could have on a potential
tribal cultural resource, as defined in Section 21074 of the Public
Resources Code, or California Native American tribe, as defined
in Section 21073 of the Public Resources Code.
(8) This subdivision shall not apply to any project that has been
approved under the streamlined, ministerial approval process
provided under this section before the effective date of the act
adding this subdivision.
(c) (1) Notwithstanding any local law, if a local government’s
planning director or equivalent position determines that a
development submitted pursuant to this section is consistent with
the objective planning standards specified in subdivision (a) and
pursuant to paragraph (3) of this subdivision, the local government
shall approve the development. Upon a determination that a
development submitted pursuant to this section is in conflict with
any of the objective planning standards specified in subdivision
(a), the local government staff or relevant local planning and
permitting department that made the determination shall provide
the development proponent written documentation of which
standard or standards the development conflicts with, and an
explanation for the reason or reasons the development conflicts
with that standard or standards, as follows:
(A) Within 60 days of submittal of the development to the local
government pursuant to this section if the development contains
150 or fewer housing units.
(B) Within 90 days of submittal of the development to the local
government pursuant to this section if the development contains
more than 150 housing units.
(2) If the local government’s planning director or equivalent
position fails to provide the required documentation pursuant to
paragraph (1), the development shall be deemed to satisfy the
objective planning standards specified in subdivision (a).
(3) For purposes of this section, a development is consistent
with the objective planning standards specified in subdivision (a)
if there is substantial evidence that would allow a reasonable person
to conclude that the development is consistent with the objective
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planning standards. The local government shall not determine that
a development, including an application for a modification under
subdivision (h), is in conflict with the objective planning standards
on the basis that application materials are not included, if the
application contains substantial evidence that would allow a
reasonable person to conclude that the development is consistent
with the objective planning standards.
(4) Upon submittal of an application for streamlined, ministerial
approval pursuant to this section to the local government, all
departments of the local government that are required to issue an
approval of the development prior to the granting of an entitlement
shall comply with the requirements of this section within the time
periods specified in paragraph (1).
(d) (1) Any design review of the development may be conducted
by the local government’s planning commission or any equivalent
board or commission responsible for design review. That design
review shall be objective and be strictly focused on assessing
compliance with criteria required for streamlined projects, as well
as any reasonable objective design standards published and adopted
by ordinance or resolution by a local jurisdiction before submission
of a development application, and shall be broadly applicable to
development within the jurisdiction. That design review shall be
completed, and if the development is consistent with all objective
standards, the local government shall approve the development as
follows and shall not in any way inhibit, chill, or preclude the
ministerial approval provided by this section or its effect, as
applicable:
(A) Within 90 days of submittal of the development to the local
government pursuant to this section if the development contains
150 or fewer housing units.
(B) Within 180 days of submittal of the development to the
local government pursuant to this section if the development
contains more than 150 housing units.
(2) If the development is consistent with the requirements of
subparagraph (A) or (B) of paragraph (9) of subdivision (a) and
is consistent with all objective subdivision standards in the local
subdivision ordinance, an application for a subdivision pursuant
to the Subdivision Map Act (Division 2 (commencing with Section
66410)) shall be exempt from the requirements of the California
Environmental Quality Act (Division 13 (commencing with Section
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21000) of the Public Resources Code) and shall be subject to the
public oversight timelines set forth in paragraph (1).
(3) If a local government determines that a development
submitted pursuant to this section is in conflict with any of the
standards imposed pursuant to paragraph (1), it shall provide the
development proponent written documentation of which objective
standard or standards the development conflicts with, and an
explanation for the reason or reasons the development conflicts
with that objective standard or standards consistent with the
timelines described in paragraph (1) of subdivision (c).
(e) (1) Notwithstanding any other law, a local government,
whether or not it has adopted an ordinance governing automobile
parking requirements in multifamily developments, shall not
impose automobile parking standards for a streamlined
development that was approved pursuant to this section in any of
the following instances:
(A) The development is located within one-half mile of public
transit.
(B) The development is located within an architecturally and
historically significant historic district.
(C) When on-street parking permits are required but not offered
to the occupants of the development.
(D) When there is a car share vehicle located within one block
of the development.
(2) If the development does not fall within any of the categories
described in paragraph (1), the local government shall not impose
automobile parking requirements for streamlined developments
approved pursuant to this section that exceed one parking space
per unit.
(f) Notwithstanding any law, a local government shall not
require any of the following prior to approving a development that
meets the requirements of this section:
(1) Studies, information, or other materials that do not pertain
directly to determining whether the development is consistent with
the objective planning standards applicable to the development.
(2) (A) Compliance with any standards necessary to receive a
postentitlement permit.
(B) This paragraph does not prohibit a local agency from
requiring compliance with any standards necessary to receive a
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postentitlement permit after a permit has been issued pursuant to
this section.
(C) For purposes of this paragraph, “postentitlement permit”
has the same meaning as provided in subparagraph (A) of
paragraph (3) of subdivision (j) of Section 65913.3.
(g) (1) If a local government approves a development pursuant
to this section, then, notwithstanding any other law, that approval
shall not expire if the project satisfies both of the following
requirements:
(A) The project includes public investment in housing
affordability, beyond tax credits.
(B) At least 50 percent of the units are affordable to households
making at or below 80 percent of the area median income.
(2) (A) If a local government approves a development pursuant
to this section, and the project does not satisfy the requirements
of subparagraphs (A) and (B) of paragraph (1), that approval shall
remain valid for three years from the date of the final action
establishing that approval, or if litigation is filed challenging that
approval, from the date of the final judgment upholding that
approval. Approval shall remain valid for a project provided
construction activity, including demolition and grading activity,
on the development site has begun pursuant to a permit issued by
the local jurisdiction and is in progress. For purposes of this
subdivision, “in progress” means one of the following:
(i) The construction has begun and has not ceased for more than
180 days.
(ii) If the development requires multiple building permits, an
initial phase has been completed, and the project proponent has
applied for and is diligently pursuing a building permit for a
subsequent phase, provided that once it has been issued, the
building permit for the subsequent phase does not lapse.
(B) Notwithstanding subparagraph (A), a local government may
grant a project a one-time, one-year extension if the project
proponent can provide documentation that there has been
significant progress toward getting the development construction
ready, such as filing a building permit application.
(3) If the development proponent requests a modification
pursuant to subdivision (h), then the time during which the approval
shall remain valid shall be extended for the number of days
between the submittal of a modification request and the date of its
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final approval, plus an additional 180 days to allow time to obtain
a building permit. If litigation is filed relating to the modification
request, the time shall be further extended during the pendency of
the litigation. The extension required by this paragraph shall only
apply to the first request for a modification submitted by the
development proponent.
(4) The amendments made to this subdivision by the act that
added this paragraph shall also be retroactively applied to
developments approved prior to January 1, 2022.
(h) (1) (A) A development proponent may request a
modification to a development that has been approved under the
streamlined, ministerial approval process provided in subdivision
(c) if that request is submitted to the local government before the
issuance of the final building permit required for construction of
the development.
(B) Except as provided in paragraph (3), the local government
shall approve a modification if it determines that the modification
is consistent with the objective planning standards specified in
subdivision (a) that were in effect when the original development
application was first submitted.
(C) The local government shall evaluate any modifications
requested pursuant to this subdivision for consistency with the
objective planning standards using the same assumptions and
analytical methodology that the local government originally used
to assess consistency for the development that was approved for
streamlined, ministerial approval pursuant to subdivision (c).
(D) A guideline that was adopted or amended by the department
pursuant to subdivision (n) after a development was approved
through the streamlined, ministerial approval process described in
subdivision (c) shall not be used as a basis to deny proposed
modifications.
(2) Upon receipt of the development proponent’s application
requesting a modification, the local government shall determine
if the requested modification is consistent with the objective
planning standard and either approve or deny the modification
request within 60 days after submission of the modification, or
within 90 days if design review is required.
(3) Notwithstanding paragraph (1), the local government may
apply objective planning standards adopted after the development
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application was first submitted to the requested modification in
any of the following instances:
(A) The development is revised such that the total number of
residential units or total square footage of construction changes
by 15 percent or more. The calculation of the square footage of
construction changes shall not include underground space.
(B) The development is revised such that the total number of
residential units or total square footage of construction changes
by 5 percent or more and it is necessary to subject the development
to an objective standard beyond those in effect when the
development application was submitted in order to mitigate or
avoid a specific, adverse impact, as that term is defined in
subparagraph (A) of paragraph (1) of subdivision (j) of Section
65589.5, upon the public health or safety and there is no feasible
alternative method to satisfactorily mitigate or avoid the adverse
impact. The calculation of the square footage of construction
changes shall not include underground space.
(C) (i) Objective building standards contained in the California
Building Standards Code (Title 24 of the California Code of
Regulations), including, but not limited to, building plumbing,
electrical, fire, and grading codes, may be applied to all
modification applications that are submitted prior to the first
building permit application. Those standards may be applied to
modification applications submitted after the first building permit
application if agreed to by the development proponent.
(ii) The amendments made to clause (i) by the act that added
clause (i) shall also be retroactively applied to modification
applications submitted prior to January 1, 2022.
(4) The local government’s review of a modification request
pursuant to this subdivision shall be strictly limited to determining
whether the modification, including any modification to previously
approved density bonus concessions or waivers, modify the
development’s consistency with the objective planning standards
and shall not reconsider prior determinations that are not affected
by the modification.
(i) (1) A local government shall not adopt or impose any
requirement, including, but not limited to, increased fees or
inclusionary housing requirements, that applies to a project solely
or partially on the basis that the project is eligible to receive
ministerial or streamlined approval pursuant to this section.
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(2) (A) A local government shall issue a subsequent permit
required for a development approved under this section if the
application substantially complies with the development as it was
approved pursuant to subdivision (c). Upon receipt of an
application for a subsequent permit, the local government shall
process the permit without unreasonable delay and shall not impose
any procedure or requirement that is not imposed on projects that
are not approved pursuant to this section. The local government
shall consider the application for subsequent permits based upon
the objective standards specified in any state or local laws that
were in effect when the original development application was
submitted, unless the development proponent agrees to a change
in objective standards. Issuance of subsequent permits shall
implement the approved development, and review of the permit
application shall not inhibit, chill, or preclude the development.
For purposes of this paragraph, a “subsequent permit” means a
permit required subsequent to receiving approval under subdivision
(c), and includes, but is not limited to, demolition, grading,
encroachment, and building permits and final maps, if necessary.
(B) The amendments made to subparagraph (A) by the act that
added this subparagraph shall also be retroactively applied to
subsequent permit applications submitted prior to January 1, 2022.
(3) (A) If a public improvement is necessary to implement a
development that is subject to the streamlined, ministerial approval
pursuant to this section, including, but not limited to, a bicycle
lane, sidewalk or walkway, public transit stop, driveway, street
paving or overlay, a curb or gutter, a modified intersection, a street
sign or street light, landscape or hardscape, an above-ground or
underground utility connection, a water line, fire hydrant, storm
or sanitary sewer connection, retaining wall, and any related work,
and that public improvement is located on land owned by the local
government, to the extent that the public improvement requires
approval from the local government, the local government shall
not exercise its discretion over any approval relating to the public
improvement in a manner that would inhibit, chill, or preclude the
development.
(B) If an application for a public improvement described in
subparagraph (A) is submitted to a local government, the local
government shall do all of the following:
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(i) Consider the application based upon any objective standards
specified in any state or local laws that were in effect when the
original development application was submitted.
(ii) Conduct its review and approval in the same manner as it
would evaluate the public improvement if required by a project
that is not eligible to receive ministerial or streamlined approval
pursuant to this section.
(C) If an application for a public improvement described in
subparagraph (A) is submitted to a local government, the local
government shall not do either of the following:
(i) Adopt or impose any requirement that applies to a project
solely or partially on the basis that the project is eligible to receive
ministerial or streamlined approval pursuant to this section.
(ii) Unreasonably delay in its consideration, review, or approval
of the application.
(j) (1) This section shall not affect a development proponent’s
ability to use any alternative streamlined by right permit processing
adopted by a local government, including the provisions of
subdivision (i) of Section 65583.2.
(2) This section shall not prevent a development from also
qualifying as a housing development project entitled to the
protections of Section 65589.5. This paragraph does not constitute
a change in, but is declaratory of, existing law.
(k) The California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code)
does not apply to actions taken by a state agency, local government,
or the San Francisco Bay Area Rapid Transit District to:
(1) Lease, convey, or encumber land owned by the local
government or the San Francisco Bay Area Rapid Transit District
or to facilitate the lease, conveyance, or encumbrance of land
owned by the local government, or for the lease of land owned by
the San Francisco Bay Area Rapid Transit District in association
with an eligible TOD project, as defined pursuant to Section
29010.1 of the Public Utilities Code, nor to any decisions
associated with that lease, or to provide financial assistance to a
development that receives streamlined approval pursuant to this
section that is to be used for housing for persons and families of
very low, low, or moderate income, as defined in Section 50093
of the Health and Safety Code.
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(2) Approve improvements located on land owned by the local
government or the San Francisco Bay Area Rapid Transit District
that are necessary to implement a development that receives
streamlined approval pursuant to this section that is to be used for
housing for persons and families of very low, low, or moderate
income, as defined in Section 50093 of the Health and Safety Code.
(l) For purposes of establishing the total number of units in a
development under this chapter, a development or development
project includes both of the following:
(1) All projects developed on a site, regardless of when those
developments occur.
(2) All projects developed on sites adjacent to a site developed
pursuant to this chapter if, after January 1, 2023, the adjacent site
had been subdivided from the site developed pursuant to this
chapter.
(m) For purposes of this section, the following terms have the
following meanings:
(1) “Affordable housing cost” has the same meaning as set forth
in Section 50052.5 of the Health and Safety Code.
(2) (A) Subject to the qualification provided by subparagraphs
(B) and (C), “affordable rent” has the same meaning as set forth
in Section 50053 of the Health and Safety Code.
(B) For a development for which an application pursuant to this
section was submitted prior to January 1, 2019, that includes 500
units or more of housing, and that dedicates 50 percent of the total
number of units, before calculating any density bonus, to housing
affordable to households making at, or below, 80 percent of the
area median income, affordable rent for at least 30 percent of these
units shall be set at an affordable rent as defined in subparagraph
(A) and “affordable rent” for the remainder of these units shall
mean a rent that is consistent with the maximum rent levels for a
housing development that receives an allocation of state or federal
low-income housing tax credits from the California Tax Credit
Allocation Committee.
(C) For a development that dedicates 100 percent of units,
exclusive of a manager’s unit or units, to lower income households,
“affordable rent” shall mean a rent that is consistent with the
maximum rent levels stipulated by the public program providing
financing for the development.
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(3) “Department” means the Department of Housing and
Community Development.
(4) “Development proponent” means the developer who submits
a housing development project application to a local government
under the streamlined ministerial review process pursuant to this
section.
(5) “Completed entitlements” means a housing development
that has received all the required land use approvals or entitlements
necessary for the issuance of a building permit.
(6) “Health care expenditures” include contributions under
Section 401(a), 501(c), or 501(d) of the Internal Revenue Code
and payments toward “medical care,” as defined in Section
213(d)(1) of the Internal Revenue Code.
(7) “Housing development project” has the same meaning as in
Section 65589.5.
(8) “Locality” or “local government” means a city, including a
charter city, a county, including a charter county, or a city and
county, including a charter city and county.
(9) “Moderate-income housing units” means housing units with
an affordable housing cost or affordable rent for persons and
families of moderate income, as that term is defined in Section
50093 of the Health and Safety Code.
(10) “Production report” means the information reported
pursuant to subparagraph (H) of paragraph (2) of subdivision (a)
of Section 65400.
(11) “State agency” includes every state office, officer,
department, division, bureau, board, and commission, but does not
include the California State University or the University of
California.
(12) (A) “Reporting period” means either of the following:
(i) The first half of the regional housing needs assessment cycle.
(ii) The last half of the regional housing needs assessment cycle.
(B) Notwithstanding subparagraph (A), “reporting period”
means annually for the City and County of San Francisco.
(13) “Urban uses” means any current or former residential,
commercial, public institutional, transit or transportation passenger
facility, or retail use, or any combination of those uses.
(n) The department may review, adopt, amend, and repeal
guidelines to implement uniform standards or criteria that
supplement or clarify the terms, references, or standards set forth
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in this section. Any guidelines or terms adopted pursuant to this
subdivision shall not be subject to Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.
(o) The determination of whether an application for a
development is subject to the streamlined ministerial approval
process provided by subdivision (c) is not a “project” as defined
in Section 21065 of the Public Resources Code.
(p) Notwithstanding any law, for purposes of this section and
for development in compliance with the requirements of this
section on property owned by or leased to the state, the Department
of General Services may act in the place of a locality or local
government, at the discretion of the department.
(q) (1) For developments proposed in a census tract that is
designated either as a moderate resource area, low resource area,
or an area of high segregation and poverty on the most recent
“CTCAC/HCD Opportunity Map” published by the California
Tax Credit Allocation Committee and the Department of Housing
and Community Development, within 45 days after receiving a
notice of intent, as described in subdivision (b), and before the
development proponent submits an application for the proposed
development that is subject to the streamlined, ministerial approval
process described in subdivision (c), the local government shall
provide for a public meeting to be held by the city council or
county board of supervisors to provide an opportunity for the public
and the local government to comment on the development.
(2) The public meeting shall be held at a regular meeting and
be subject to the Ralph M. Brown Act (Chapter 9 (commencing
with Section 54950) of Part 1 of Division 2 of Title 5).
(3) If the development proposal is located within a city with a
population of greater than 250,000 or the unincorporated area of
a county with a population of greater than 250,000, the public
meeting shall be held by the jurisdiction’s planning commission.
(4) Comments may be provided by testimony during the meeting
or in writing at any time before the meeting concludes.
(5) The development proponent shall attest in writing that it
attended the meeting described in paragraph (1) and reviewed the
public testimony and written comments from the meeting in its
application for the proposed development that is subject to the
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streamlined, ministerial approval process described in subdivision
(c).
(6) If the local government fails to hold the hearing described
in paragraph (1) within 45 days after receiving the notice of intent,
the development proponent shall hold a public meeting on the
proposed development before submitting an application pursuant
to this section.
(r) (1) This section shall not apply to applications for
developments proposed on qualified sites that are submitted on or
after January 1, 2024, but before July 1, 2025.
(2) For purposes of this subdivision, “qualified site” means a
site that meets the following requirements:
(A) The site is located within an equine or equestrian district
designated by a general plan or specific or master plan, which may
include a specific narrative reference to a geographically
determined area or map of the same. Parcels adjoined and only
separated by a street or highway shall be considered to be within
an equestrian district.
(B) As of January 1, 2024, the general plan applicable to the
site contains, and has contained for five or more years, an equine
or equestrian district designation where the site is located.
(C) As of January 1, 2024, the equine or equestrian district
applicable to the site is not zoned to include residential uses, but
authorizes residential uses with a conditional use permit.
(D) The applicable local government has an adopted housing
element that is compliant with applicable law.
(3) The Legislature finds and declares that the purpose of this
subdivision is to allow local governments to conduct general plan
updates to align their general plan with applicable zoning changes.
(s) The provisions of clause (iii) of subparagraph (E) of
paragraph (8) of subdivision (a) relating to health care expenditures
are distinct and severable from the remaining provisions of this
section. However, the remaining portions of paragraph (8) of
subdivision (a) are a material and integral part of this section and
are not severable. If any provision or application of paragraph (8)
of subdivision (a) is held invalid, this entire section shall be null
and void.
(t) (1) The changes made to this section by the act adding this
subdivision shall apply in a coastal zone, as defined in Division
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SB 423 — 41 —
20 (commencing with Section 30000) of the Public Resources
Code, on and after January 1, 2025.
(2) In an area of the coastal zone not excluded under paragraph
(6) of subdivision (a), a development that satisfies the requirements
of subdivision (a) shall require a coastal development permit
pursuant to Chapter 7 (commencing with Section 30600) of
Division 20 of the Public Resources Code. A public agency with
coastal development permitting authority shall approve a coastal
development permit if it determines that the development is
consistent with all objective standards of the local government’s
certified local coastal program or, for areas that are not subject to
a fully certified local coastal program, the certified land use plan
of that area.
(3) For purposes of this section, receipt of any density bonus,
concessions, incentives, waivers or reductions of development
standards, and parking ratios to which the applicant is entitled
under Section 65915 shall not constitute a basis to find the project
inconsistent with the local coastal program.
(u) It is the policy of the state that this section be interpreted
and implemented in a manner to afford the fullest possible weight
to the interest of, and the approval and provision of, increased
housing supply.
(v) This section shall remain in effect only until January 1, 2036,
and as of that date is repealed.
SEC. 3. The Legislature finds and declares that ensuring access
to affordable housing is a matter of statewide concern and is not
a municipal affair as that term is used in Section 5 of Article XI
of the California Constitution. Therefore, Section 2 of this act
amending Section 65913.4 of the Government Code applies to all
cities, including charter cities.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act or because costs that may be
incurred by a local agency or school district will be incurred
because this act creates a new crime or infraction, eliminates a
crime or infraction, or changes the penalty for a crime or infraction,
within the meaning of Section 17556 of the Government Code, or
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changes the definition of a crime within the meaning of Section 6
of Article XIII B of the California Constitution.
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SB 423 — 43 —
Approved , 2023
Governor
Senate Bill No. 746
Passed the Senate September 7, 2023
Secretary of the Senate
Passed the Assembly August 31, 2023
Chief Clerk of the Assembly
This bill was received by the Governor this day
of , 2023, at o’clock m.
Private Secretary of the Governor
CHAPTER
An act to add Section 4217.19 to the Government Code, relating
to public contracts.
legislative counsel’s digest
SB 746, Eggman. Energy conservation contracts: alternate
energy equipment: green hydrogen: Tri-Valley-San Joaquin Valley
Regional Rail Authority.
Under existing law, a public agency, as defined, may enter into
specified energy conservation contracts, including into contracts
for the sale of electricity, electrical generating capacity, or thermal
energy produced by the energy conservation facility, as defined,
at such rates and on such terms as are approved by its governing
body.
Existing law authorizes a public agency to enter into an energy
service contract and related facility ground lease if the governing
body finds, among other things, that the anticipated cost to the
public agency for thermal or electrical energy or conservation
services provided by the energy conservation facility under the
contract will be less than the anticipated marginal cost to the
agency of thermal, electrical, or other energy that would have been
consumed by the public agency in the absence of those purchases.
Existing law additionally authorizes a public agency to enter
into a facility financing contract and a facility ground lease upon
meeting certain requirements and finding that funds for the
repayment of the financing or other specified contract costs are
projected to be available from revenues resulting from sales of
electricity or thermal energy from the facility or other sources.
Existing law authorizes a public agency to enter into contracts
for the sale of electricity, electrical generating capacity, or thermal
energy produced by the energy conservation facility at such rates
and terms as are approved by its governing body.
This bill would authorize the Tri-Valley-San Joaquin Valley
Regional Rail Authority, in addition to its authority to enter into
contracts described above, to enter into energy service contracts,
facility financing contracts, and contracts for the sale of specified
energy resources relating to green electrolytic hydrogen, as defined,
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— 2 — SB 746
for use by the authority for purposes of financing the construction
and operation of passenger rail service through the Altamont Pass
Corridor.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the Tri-Valley-San Joaquin
Valley Regional Rail Authority.
The people of the State of California do enact as follows:
SECTION 1. Section 4217.19 is added to the Government
Code, immediately following Section 4217.18, to read:
4217.19. The Tri-Valley-San Joaquin Valley Regional Rail
Authority, as established in Chapter 8 (commencing with Section
132651) of Division 12.7 of the Public Utilities Code, in addition
to the authority to enter into energy service contracts, facility
financing contracts, and contracts for the sale of specified energy
resources, as specified in Sections 4217.12 to 4217.14, inclusive,
may enter into energy service contracts, facility financing contracts,
and contracts for the sale of energy resources relating to green
electrolytic hydrogen, as that term is defined in Section 400.2 of
the Public Utilities Code, for use by the authority for purposes of
financing the construction and operation of passenger rail service
through the Altamont Pass Corridor.
SEC. 2. The Legislature finds and declares that a special statute
is necessary and that a general statute cannot be made applicable
within the meaning of Section 16 of Article IV of the California
Constitution because of the unique nature of the Valley Link
project, and the potential concerns if the exceptions made
applicable to this specific project were expanded statewide.
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SB 746 — 3 —
Approved , 2023
Governor
Assembly Constitutional Amendment No. 1
Adopted in Assembly September 6, 2023
Chief Clerk of the Assembly
Adopted in Senate September 14, 2023
Secretary of the Senate
This resolution was received by the Secretary of State this
day of , 2023, at
o’clock m.
Deputy Secretary of State
RESOLUTION CHAPTER
Assembly Constitutional Amendment No. 1—A resolution to
propose to the people of the State of California an amendment to
the Constitution of the State, by amending Sections 1 and 4 of
Article XIII A thereof, by amending Section 2 of, and by adding
Section 2.5 to, Article XIII C thereof, by amending Section 3 of
Article XIII D thereof, and by amending Section 18 of Article XVI
thereof, relating to local finance.
legislative counsel’s digest
ACA 1, Aguiar-Curry. Local government financing: affordable
housing and public infrastructure: voter approval.
(1) The California Constitution prohibits the ad valorem tax
rate on real property from exceeding 1% of the full cash value of
the property, subject to certain exceptions.
This measure would create an additional exception to the 1%
limit that would authorize a city, county, city and county, or special
district to levy an ad valorem tax to service bonded indebtedness
incurred to fund the construction, reconstruction, rehabilitation,
or replacement of public infrastructure, affordable housing,
including downpayment assistance, or permanent supportive
housing, or the acquisition or lease of real property for those
purposes, if the proposition proposing that tax is approved by 55%
of the voters of the city, county, city and county, or special district,
as applicable, and the proposition includes specified accountability
requirements. The measure would prohibit a city, county, city and
county, or special district from placing a proposition on the ballot
pursuant to these provisions if the voters have previously approved
a proposition pursuant to these provisions or the below special tax
provisions until all funds from the previous proposition are
committed to programs and projects listed in the specific local
program or ordinance, as described. The measure, subject to certain
vote thresholds, would authorize the Legislature to enact laws
establishing additional accountability measures and laws for the
downpayment assistance programs authorized by the measure, as
specified. The measure would specify that these provisions apply
to any city, county, city and county, or special district measure
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imposing an ad valorem tax to pay the interest and redemption
charges on bonded indebtedness for these purposes that is
submitted at the same election as this measure.
(2) The California Constitution conditions the imposition of a
special tax by a local government upon the approval of 2⁄3 of the
voters of the local government voting on that tax.
This measure would authorize a local government to impose,
extend, or increase a sales and use tax or transactions and use tax
imposed in accordance with specified law or a parcel tax for the
purposes of funding the construction, reconstruction, rehabilitation,
or replacement of public infrastructure, affordable housing,
including downpayment assistance, or permanent supportive
housing, or the acquisition or lease of real property for those
purposes, if the proposition proposing that tax is approved by a
majority vote of the membership of the governing board of the
local government and by 55% of its voters voting on the
proposition and the proposition includes specified accountability
requirements. The measure would prohibit a local government
from placing a proposition on the ballot pursuant to these
provisions if the voters have previously approved a proposition
pursuant to these provisions or the above ad valorem tax provisions
until all funds from the previous proposition are committed to
programs and projects listed in the specific local program or
ordinance, as described. The measure, subject to certain vote
thresholds, would authorize the Legislature to enact laws
establishing additional accountability measures and laws for the
downpayment assistance programs authorized by the measure, as
specified. This measure would also make conforming changes to
related provisions. The measure would specify that these provisions
apply to any local measure imposing, extending, or increasing a
sales and use tax, transactions and use tax, or parcel tax for these
purposes that is submitted at the same election as this measure.
(3) The California Constitution prohibits specified local
government agencies from incurring any indebtedness exceeding
in any year the income and revenue provided in that year, without
the assent of 2⁄3 of the voters and subject to other conditions. In
the case of a school district, community college district, or county
office of education, the California Constitution permits a
proposition for the incurrence of indebtedness in the form of
general obligation bonds for the construction, reconstruction,
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ACA 1 — 3 —
rehabilitation, or replacement of school facilities, including the
furnishing and equipping of school facilities, or the acquisition or
lease of real property for school facilities, to be adopted upon the
approval of 55% of the voters of the district or county, as
appropriate, voting on the proposition at an election.
This measure would expressly prohibit a special district, other
than a board of education or school district, from incurring any
indebtedness or liability exceeding any applicable statutory limit,
as prescribed by the statutes governing the special district. The
measure would also similarly require the approval of 55% of the
voters of the city, county, city and county, or special district, as
applicable, to incur bonded indebtedness, exceeding in any year
the income and revenue provided in that year, that is in the form
of general obligation bonds issued to fund the construction,
reconstruction, rehabilitation, or replacement of public
infrastructure, affordable housing, or permanent supportive housing
projects, if the proposition proposing that bond includes specified
accountability requirements. The measure would specify that this
55% threshold applies to any proposition for the incurrence of
indebtedness by a city, county, city and county, or special district
for these purposes that is submitted at the same election as this
measure.
(4) This measure would deem another measure on the same
statewide election ballot relating to state or local requirements for
the imposition, adoption, creation, or establishment of taxes,
charges, and other revenue measures in conflict with it and would
make the other measure null and void if this measure receives more
affirmative votes.
Resolved by the Assembly, the Senate concurring, That the
Legislature of the State of California at its 2023–24 Regular
Session commencing on the fifth day of December 2022, two-thirds
of the membership of each house concurring, hereby proposes to
the people of the State of California, that the Constitution of the
State be amended as follows:
First—That Section 1 of Article XIII A thereof is amended to
read:
SECTION 1. (a) The maximum amount of any ad valorem
tax on real property shall not exceed 1 percent of the full cash
value of that property. The 1 percent tax shall be collected by the
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— 4 — ACA 1
counties and apportioned according to law to the districts within
the counties.
(b) The limitation provided for in subdivision (a) shall not apply
to ad valorem taxes or special assessments to pay the interest and
redemption charges on any of the following:
(1) Indebtedness approved by the voters before July 1, 1978.
(2) Bonded indebtedness to fund the acquisition or improvement
of real property approved on or after July 1, 1978, by two-thirds
of the votes cast by the voters voting on the proposition.
(3) Bonded indebtedness incurred by a school district,
community college district, or county office of education for the
construction, reconstruction, rehabilitation, or replacement of
school facilities, including the furnishing and equipping of school
facilities, or the acquisition or lease of real property for school
facilities, approved by 55 percent of the voters of the district or
county, as appropriate, voting on the proposition on or after
November 8, 2000. This paragraph shall apply only if the
proposition approved by the voters and resulting in the bonded
indebtedness includes all of the following accountability
requirements:
(A) A requirement that the proceeds from the sale of the bonds
be used only for the purposes specified in this paragraph, and not
for any other purpose, including teacher and administrator salaries
and other school operating expenses.
(B) A list of the specific school facilities projects to be funded
and certification that the school district board, community college
board, or county office of education has evaluated safety, class
size reduction, and information technology needs in developing
that list.
(C) A requirement that the school district board, community
college board, or county office of education conduct an annual,
independent performance audit to ensure that the funds have been
expended only on the specific projects listed.
(D) A requirement that the school district board, community
college board, or county office of education conduct an annual,
independent financial audit of the proceeds from the sale of the
bonds until all of those proceeds have been expended for the school
facilities projects.
(4) (A) Bonded indebtedness incurred by a city, county, city
and county, or special district for the construction, reconstruction,
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ACA 1 — 5 —
rehabilitation, or replacement of public infrastructure, affordable
housing, or permanent supportive housing for persons at risk of
chronic homelessness, including persons with mental illness, or
the acquisition or lease of real property for public infrastructure,
affordable housing, or permanent supportive housing for persons
at risk of chronic homelessness, including persons with mental
illness, approved by 55 percent of the voters of the city, county,
city and county, or special district, as appropriate, voting on the
proposition on or after the effective date of the measure adding
this paragraph. This paragraph shall apply only if the proposition
approved by the voters and resulting in the bonded indebtedness
includes all of the following accountability requirements:
(i) A requirement that the proceeds from the sale of the bonds
be used only for the purposes specified in this paragraph, and not
for any other purpose, including city, county, city and county, or
special district employee salaries and other operating expenses.
The administrative cost of the city, county, city and county, or
special district executing the projects and programs of the
proposition shall not exceed 5 percent of the proceeds from the
sale of the bonds.
(ii) A requirement that the proceeds from the sale of the bonds
only be spent on projects and programs that serve the jurisdiction
of the city, county, city and county, or special district.
(iii) The specific local program or ordinance through which
projects will be funded and a certification that the city, county,
city and county, or special district has evaluated alternative funding
sources.
(iv) A requirement that the city, county, city and county, or
special district conduct an annual, independent performance audit
to ensure that the funds have been expended pursuant to the local
program or ordinance specified in clause (iii).
(v) A requirement that the city, county, city and county, or
special district conduct an annual, independent financial audit of
the proceeds from the sale of the bonds until all of those proceeds
have been expended for the public infrastructure or affordable
housing projects, as applicable.
(vi) A requirement that the city, county, city and county, or
special district post the audits required by clauses (iv) and (v) in
a manner that is easily accessible to the public.
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— 6 — ACA 1
(vii) A requirement that the audits required by clauses (iv) and
(v) will be submitted to the California State Auditor for review.
(viii) (I) A requirement that the city, county, city and county,
or special district appoint a citizens’ oversight committee to ensure
that bond proceeds are expended only for the purposes described
in the measure approved by the voters.
(II) Members appointed to an oversight committee established
pursuant to subclause (I) shall receive educational training about
bonds and fiscal oversight.
(ix) A requirement that an entity owned or controlled by a local
official that votes on whether to put a proposition on the ballot
pursuant to this section will be prohibited from bidding on any
work funded by the proposition.
(B) Notwithstanding any other law, if the voters of the local
government have previously approved a proposition pursuant to
this paragraph or Section 2.5 of Article XIII C, the local
government shall not place a proposition on the ballot pursuant to
this section until all funds from the previous proposition are
committed to programs and projects listed in the proposition’s
specific local program or ordinance described in clause (iii) of
subparagraph (A) or subparagraph (C) of paragraph (2) of
subdivision (a) of Section 2.5 of Article XIII C, as applicable.
(C) The Legislature may, by two-thirds vote, enact laws
establishing accountability measures in addition to those listed in
subparagraph (A), provided such laws are consistent with the
purposes and intent of this paragraph.
(D) The Legislature may, by majority vote, enact laws for the
downpayment assistance programs established pursuant to this
paragraph, provided that those laws further the purposes of this
paragraph.
(E) For purposes of this paragraph:
(i) (I) “Affordable housing” shall include housing
developments, or portions of housing developments, that provide
workforce housing affordable to households earning up to 150
percent of countywide median income, and housing developments,
or portions of housing developments, that provide housing
affordable to extremely low, very low, low-, or moderate-income
households, as those terms are defined in state law. Affordable
housing may include capitalized operating reserves, as the term is
defined in state law.
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ACA 1 — 7 —
(II) “Affordable housing” shall also include downpayment
assistance programs.
(ii) “At risk of chronic homelessness” includes, but is not limited
to, persons who are at high risk of long-term or intermittent
homelessness, including persons with mental illness exiting
institutionalized settings, including, but not limited to, jail and
mental health facilities, who were homeless prior to admission,
transition age youth experiencing homelessness or with significant
barriers to housing stability, and others, as defined in program
guidelines.
(iii) “Permanent supportive housing” means housing with no
limit on length of stay, that is occupied by the target population,
and that is linked to onsite or offsite services that assist residents
in retaining the housing, improving their health status, and
maximizing their ability to live and, when possible, work in the
community. “Permanent supportive housing” includes associated
facilities, if those facilities are used to provide services to housing
residents.
(iv) “Public infrastructure” shall include, but is not limited to,
projects that provide any of the following:
(I) Water or protection of water quality.
(II) Sanitary sewer.
(III) Treatment of wastewater or reduction of pollution from
stormwater runoff.
(IV) Protection of property from impacts of sea level rise.
(V) Parks and recreation facilities.
(VI) Open space.
(VII) Improvements to transit and streets and highways.
(VIII) Flood control.
(IX) Broadband internet access service expansion in underserved
areas.
(X) Local hospital construction.
(XI) Public safety buildings or facilities, equipment related to
fire suppression, emergency response equipment, or interoperable
communications equipment for direct and exclusive use by fire,
emergency response, police, or sheriff personnel.
(XII) Public library facilities.
(v) “Special district” has the same meaning as provided in
subdivision (c) of Section 1 of Article XIII C and specifically
includes a transit district, a regional transportation commission,
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and an association of governments, except that “special district”
does not include a school district, redevelopment agency, or
successor agency to a dissolved redevelopment agency.
(F) This paragraph shall apply to any city, county, city and
county, or special district measure imposing an ad valorem tax to
pay the interest and redemption charges on bonded indebtedness
for those purposes described in this paragraph that is submitted at
the same election as the measure adding this paragraph.
(c) (1) Notwithstanding any other provisions of law or of this
Constitution, a school district, community college district, or
county office of education may levy a 55-percent vote ad valorem
tax pursuant to paragraph (3) of subdivision (b).
(2) Notwithstanding any other provisions of law or this
Constitution, a city, county, city and county, or special district
may levy a 55-percent vote ad valorem tax pursuant to paragraph
(4) of subdivision (b).
Second—That Section 4 of Article XIII A thereof is amended
to read:
SEC. 4. Except as provided by Section 2.5 of Article XIII C,
a city, county, or special district, by a two-thirds vote of its voters
voting on the proposition, may impose a special tax within that
city, county, or special district, except an ad valorem tax on real
property or a transactions tax or sales tax on the sale of real
property within that city, county, or special district.
Third—That Section 2 of Article XIII C thereof is amended to
read:
SEC. 2. Notwithstanding any other provision of this
Constitution:
(a) Any tax imposed by a local government is either a general
tax or a special tax. A special district or agency, including a school
district, has no authority to levy a general tax.
(b) A local government may not impose, extend, or increase
any general tax unless and until that tax is submitted to the
electorate and approved by a majority vote. A general tax is not
deemed to have been increased if it is imposed at a rate not higher
than the maximum rate so approved. The election required by this
subdivision shall be consolidated with a regularly scheduled general
election for members of the governing body of the local
government, except in cases of emergency declared by a unanimous
vote of the governing body.
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ACA 1 — 9 —
(c) Any general tax imposed, extended, or increased, without
voter approval, by any local government on or after January 1,
1995, and before the effective date of this article, may continue to
be imposed only if that general tax is approved by a majority vote
of the voters voting in an election on the issue of the imposition,
which election shall be held no later than November 6, 1996, and
in compliance with subdivision (b).
(d) Except as provided by Section 2.5, a local government may
not impose, extend, or increase any special tax unless and until
that tax is submitted to the electorate and approved by a two-thirds
vote. A special tax is not deemed to have been increased if it is
imposed at a rate not higher than the maximum rate so approved.
Fourth—That Section 2.5 is added to Article XIII C thereof, to
read:
SEC. 2.5. (a) The imposition, extension, or increase of a sales
and use tax imposed in accordance with the Bradley-Burns Uniform
Local Sales and Use Tax Law (Part 1.5 (commencing with Section
7200) of Division 2 of the Revenue and Taxation Code) or a
successor law, a transactions and use tax imposed in accordance
with the Transactions and Use Tax Law (Part 1.6 (commencing
with Section 7251) of Division 2 of the Revenue and Taxation
Code) or a successor law, or a parcel tax imposed by a local
government for the purpose of funding the construction,
reconstruction, rehabilitation, or replacement of public
infrastructure, affordable housing, or permanent supportive housing
for persons at risk of chronic homelessness, including persons with
mental illness, or the acquisition or lease of real property for public
infrastructure, affordable housing, or permanent supportive housing
for persons at risk of chronic homelessness, including persons with
mental illness, is subject to approval by 55 percent of the voters
in the local government voting on the proposition, if both of the
following conditions are met:
(1) The proposition is approved by a majority vote of the
membership of the governing board of the local government.
(2) The proposition contains all of the following accountability
requirements:
(A) A requirement that the proceeds of the tax only be used for
the purposes specified in the proposition, and not for any other
purpose, including general employee salaries and other operating
expenses of the local government. The administrative cost of the
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local government executing the projects and programs funded by
the proposition shall not exceed 5 percent of the proceeds of the
tax.
(B) A requirement that the proceeds of the tax only be spent on
projects and programs that serve the jurisdiction of the local
government.
(C) The specific local program or ordinance through which
projects will be funded and a certification that the local government
has evaluated alternative funding sources.
(D) A requirement that the local government conduct an annual,
independent performance audit to ensure that the proceeds of the
special tax have been expended pursuant to the local program or
ordinance specified in subparagraph (C).
(E) A requirement that the local government conduct an annual,
independent financial audit of the proceeds from the tax during
the lifetime of that tax.
(F) A requirement that the audits required by subparagraphs
(D) and (E) will be submitted to the California State Auditor for
review.
(G) A requirement that the local government post the audits
required by subparagraphs (D) and (E) in a manner that is easily
accessible to the public.
(H) (i) A requirement that the local government appoint a
citizens’ oversight committee to ensure the proceeds of the special
tax are expended only for the purposes described in the measure
approved by the voters.
(ii) (I) A requirement that members appointed to an oversight
committee established pursuant to clause (i) receive educational
training about local taxation and fiscal oversight.
(II) A requirement that an entity owned or controlled by a local
official that votes on whether to put a proposition on the ballot
pursuant to this section will be prohibited from bidding on any
work funded by the proposition.
(3) The Legislature may, by two-thirds vote, enact laws
establishing accountability measures in addition to those listed in
paragraph (2), provided such laws are consistent with the purposes
and intent of this section.
(b) Notwithstanding any other law, if the voters of the local
government have previously approved a proposition pursuant to
this section or paragraph (4) of subdivision (b) of Section 1 of
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ACA 1 — 11 —
Article XIII A, the local government shall not place a proposition
on the ballot pursuant to this section until all funds from the
previous proposition are committed to programs and projects listed
in the specific local program or ordinance described in
subparagraph (C) of paragraph (2) of subdivision (a) of this section
or clause (iii) of subparagraph (A) of paragraph (4) of subdivision
(b) of Section 1 of Article XIII A.
(c) The Legislature may, by majority vote, enact laws for the
downpayment assistance programs established pursuant to this
section, provided that those laws further the purposes of this
section.
(d) For purposes of this section, the following terms have the
following meanings:
(1) (A) “Affordable housing” shall include housing
developments, or portions of housing developments, that provide
workforce housing affordable to households earning up to 150
percent of countywide median income, and housing developments,
or portions of housing developments, that provide housing
affordable to extremely low, very low, low-, or moderate-income
households, as those terms are defined in state law. Affordable
housing may include capitalized operating reserves, as the term is
defined in state law.
(B) “Affordable housing” shall also include downpayment
assistance programs.
(2) “At risk of chronic homelessness” includes, but is not limited
to, persons who are at high risk of long-term or intermittent
homelessness, including persons with mental illness exiting
institutionalized settings, including, but not limited to, jail and
mental health facilities, who were homeless prior to admission,
transition age youth experiencing homelessness or with significant
barriers to housing stability, and others, as defined in program
guidelines.
(3) “Permanent supportive housing” means housing with no
limit on length of stay, that is occupied by the target population,
and that is linked to onsite or offsite services that assist residents
in retaining the housing, improving their health status, and
maximizing their ability to live and, when possible, work in the
community. “Permanent supportive housing” includes associated
facilities, if those facilities are used to provide services to housing
residents.
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(4) “Local government” has the same meaning as provided in
subdivision (b) of Section 1 of this article and specifically includes
a transit district, a regional transportation commission, and an
association of governments.
(5) “Public infrastructure” shall include, but is not limited to,
the projects that provide any of the following:
(A) Water or protection of water quality.
(B) Sanitary sewer.
(C) Treatment of wastewater or reduction of pollution from
stormwater runoff.
(D) Protection of property from impacts of sea level rise.
(E) Parks and recreation facilities.
(F) Open space.
(G) Improvements to transit and streets and highways.
(H) Flood control.
(I) Broadband internet access service expansion in underserved
areas.
(J) Local hospital construction.
(K) Public safety buildings or facilities, equipment related to
fire suppression, emergency response equipment, or interoperable
communications equipment for direct and exclusive use by fire,
emergency response, police, or sheriff personnel.
(L) Public library facilities.
(e) This section shall apply to any local measure imposing,
extending, or increasing a sales and use tax imposed pursuant to
the Bradley-Burns Uniform Local Sales and Use Tax Law, a
transactions and use tax imposed in accordance with the
Transactions and Use Tax Law, or a parcel tax imposed by a local
government for those purposes described in subdivision (a) that
is submitted at the same election as the measure adding this section.
Fifth—That Section 3 of Article XIII D thereof is amended to
read:
SEC. 3. (a) An agency shall not assess a tax, assessment, fee,
or charge upon any parcel of property or upon any person as an
incident of property ownership except:
(1) The ad valorem property tax imposed pursuant to Article
XIII and Article XIII A.
(2) Any special tax receiving a two-thirds vote pursuant to
Section 4 of Article XIII A or receiving a 55-percent approval
pursuant to Section 2.5 of Article XIII C.
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ACA 1 — 13 —
(3) Assessments as provided by this article.
(4) Fees or charges for property-related services as provided by
this article.
(b) For purposes of this article, fees for the provision of electrical
or gas service are not deemed charges or fees imposed as an
incident of property ownership.
Sixth—That Section 18 of Article XVI thereof is amended to
read:
SEC. 18. (a) A county, city, town, township, board of
education, or school district, shall not incur any indebtedness or
liability in any manner or for any purpose exceeding in any year
the income and revenue provided for that year, without the assent
of two-thirds of the voters of the public entity voting at an election
to be held for that purpose, except that with respect to any such
public entity that is authorized to incur indebtedness for public
school purposes, any proposition for the incurrence of indebtedness
in the form of general obligation bonds for the purpose of repairing,
reconstructing, or replacing public school buildings determined,
in the manner prescribed by law, to be structurally unsafe for school
use, shall be adopted upon the approval of a majority of the voters
of the public entity voting on the proposition at the election; nor
unless before or at the time of incurring such indebtedness
provision shall be made for the collection of an annual tax
sufficient to pay the interest on such indebtedness as it falls due,
and to provide for a sinking fund for the payment of the principal
thereof, on or before maturity, which shall not exceed 40 years
from the time of contracting the indebtedness. A special district,
other than a board of education or school district, shall not incur
any indebtedness or liability exceeding any applicable statutory
limit, as prescribed by the statutes governing the special district
as they currently read or may thereafter be amended by the
Legislature.
(b) (1) Notwithstanding subdivision (a), any proposition for
the incurrence of indebtedness in the form of general obligation
bonds for the purposes described in paragraph (3) or (4) of
subdivision (b) of Section 1 of Article XIII A shall be adopted
upon the approval of 55 percent of the voters of the school district,
community college district, county office of education, city, county,
city and county, or other special district, as appropriate, voting on
the proposition at an election. This subdivision shall apply to a
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proposition for the incurrence of indebtedness in the form of
general obligation bonds for the purposes specified in this
subdivision only if the proposition meets all of the accountability
requirements of paragraph (3) or (4) of subdivision (b), as
appropriate, of Section 1 of Article XIII A.
(2) The amendments made to this subdivision by the measure
adding this paragraph shall apply to any proposition for the
incurrence of indebtedness in the form of general obligation bonds
pursuant to this subdivision for the purposes described in paragraph
(4) of subdivision (b) of Section 1 of Article XIII A that is
submitted at the same election as the measure adding this
paragraph.
(c) When two or more propositions for incurring any
indebtedness or liability are submitted at the same election, the
votes cast for and against each proposition shall be counted
separately, and if two-thirds or a majority or 55 percent of the
voters, as the case may be, voting on any one of those propositions,
vote in favor thereof, the proposition shall be deemed adopted.
Seventh—In the event that this measure and another measure
or measures relating to state or local requirements for the
imposition, adoption, creation, or establishment of taxes, charges,
and other revenue measures shall appear on the same statewide
election ballot, the other measure or measures shall be deemed to
be in conflict with this measure. In the event that this measure
receives a greater number of affirmative votes, the provisions of
this measure shall prevail in their entirety, and the provisions of
the other measure or measures shall be null and void.
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ACA 1 — 15 —
Attest:
Secretary of State
AMENDED IN SENATE SEPTEMBER 11, 2023
AMENDED IN ASSEMBLY SEPTEMBER 1, 2023
AMENDED IN ASSEMBLY AUGUST 17, 2023
california legislature—2023–24 regular session
Assembly Constitutional Amendment No. 13
Introduced by Assembly Member Ward
(Principal coauthors: Assembly Members Aguiar-Curry, Berman,
and Lee)
(Coauthors: Assembly Members Robert Rivas, Haney, Jackson,
Ortega, and Rendon)
(Coauthors: Senators Durazo, Gonzalez, Skinner, Smallwood-Cuevas,
and Wiener)
July 13, 2023
Assembly Constitutional Amendment No. 13—A resolution to
propose to the people of the State of California an amendment to the
Constitution of the State, by amending Section 10 of, and adding Section
10.5 to, Article II thereof, and adding Section 7.8 to Article XI thereof,
relating to voting.
legislative counsel’s digest
ACA 13, as amended, Ward. Voting thresholds.
The California Constitution provides that a proposed constitutional
amendment and a statewide initiative measure each take effect only if
approved by a majority of the votes cast on the amendment or measure.
This measure would further provide that an initiative measure that
includes one or more provisions that would amend the Constitution to
increase the voter approval requirement to adopt any state or local
measure would be approved by the voters only if the proportion of votes
96
cast in favor of the initiative measure is equal to or greater than the
highest voter approval requirement that the initiative measure would
impose. The measure would specify that this voter approval requirement
would apply to statewide initiative measures that appear on the ballot
on or after January 1, 2024.
The California Constitution also permits initiative and referendum
powers to be exercised by the voters of each city or county under
procedures provided by the Legislature.
This measure would expressly authorize a local governing body to
hold an advisory vote concerning any issue of governance for the
purpose of allowing voters within the jurisdiction to voice their opinions
on the issue. The measure would specify that an advisory question is
approved only if a majority of the votes cast on the question are in favor.
This measure would further declare that its provisions are severable
and that if any provision is held invalid, the other provisions of the act
remain valid, as specified.
Vote: 2⁄3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
line 1 WHEREAS, In an era of special interests and others attempting
line 2 to manipulate the electoral process, it is important to preserve the
line 3 fundamental right of California citizens to approve statewide
line 4 initiative statutes and referenda by a majority vote; and
line 5 WHEREAS, Initiative measures proposing to amend the
line 6 Constitution to increase the vote requirement above a majority
line 7 vote to pass other state and local measures violate the principle of
line 8 majority rule; and
line 9 WHEREAS, Citizens have a substantial interest in voicing their
line 10 opinions on issues of local governance and must be allowed to
line 11 approve local advisory measures by majority vote; and
line 12 WHEREAS, The provisions of this measure are not intended to
line 13 reverse or invalidate provisions of the Constitution in effect before
line 14 January 1, 2024, including the provisions of Proposition 13 of
line 15 1978; and
line 16 WHEREAS, The purpose of this measure is to do all of the
line 17 following:
line 18 (a) Retain the majority vote requirement to pass statewide
line 19 initiative statutes and referenda;
line 20 (b) Provide that any proposed initiative measure that would
line 21 amend the Constitution to increase the voter approval requirement
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line 1 to pass other state or local measures is effective only if the initiative
line 2 is approved by the highest vote requirement it imposes on other
line 3 measures;
line 4 (c) Constitutionally authorize local governments to submit
line 5 questions to voters asking for their opinion on issues of governance;
line 6 now, therefore, be it
line 7 Resolved, That this measure shall be known, and may be cited,
line 8 as the Protect and Retain the Majority Vote Act; and be it further
line 9 Resolved by the Assembly, the Senate concurring, That the
line 10 Legislature of the State of California at its 2023–24 Regular
line 11 Session, commencing on the fifth day of December 2022,
line 12 two-thirds of the membership of each house concurring, hereby
line 13 proposes to the people of the State of California, California that
line 14 the Constitution of the State be amended as follows:
line 15 First—That Section 10 of Article II thereof is amended to read:
line 16 SEC. 10. (a) An initiative statute or referendum approved by
line 17 the electors pursuant to Section 10.5 takes effect on the fifth day
line 18 after the Secretary of State files the statement of the vote for the
line 19 election at which the measure is voted on, but the measure may
line 20 provide that it becomes operative after its effective date. If a
line 21 referendum petition is filed against a part of a statute, the remainder
line 22 of the statute shall not be delayed from going into effect.
line 23 (b) If provisions of two or more measures approved at the same
line 24 election conflict, the provisions of the measure receiving the
line 25 highest number of affirmative votes shall prevail.
line 26 (c) The Legislature may amend or repeal a referendum statute.
line 27 The Legislature may amend or repeal an initiative statute by
line 28 another statute that becomes effective only when approved by the
line 29 electors unless the initiative statute permits amendment or repeal
line 30 without the electors’ approval.
line 31 (d) Before circulation of an initiative or referendum petition for
line 32 signatures, a copy shall be submitted to the Attorney General who
line 33 shall prepare a title and summary of the measure as provided by
line 34 law.
line 35 (e) The Legislature shall provide for the manner in which a
line 36 petition shall be circulated, presented, and certified, and the manner
line 37 in which a measure shall be submitted to the electors.
line 38 Second—That Section 10.5 is added to Article II thereof, to
line 39 read:
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ACA 13 — 3 —
line 1 SEC. 10.5. (a) Except as provided in subdivision (b), a
line 2 statewide initiative statute or referendum is approved if a majority
line 3 of the votes cast on the measure are in favor.
line 4 (b) Notwithstanding Section 4 of Article XVIII or any other
line 5 provision of the Constitution, an initiative measure that includes
line 6 one or more provisions that amend the Constitution to increase the
line 7 voter approval requirement to adopt any state or local measure is
line 8 approved by the voters only if the proportion of votes cast in favor
line 9 of the initiative measure is equal to or greater than the highest
line 10 voter approval requirement that the initiative measure would
line 11 impose for the adoption of any state or local measure.
line 12 (c) This section applies to all statewide initiative measures
line 13 submitted to the electors on or after January 1, 2024, including
line 14 measures that appear on the ballot at the same election at which
line 15 the measure adding this section is approved by the electors.
line 16 Third—That Section 7.8 is added to Article XI thereof, to read:
line 17 SEC. 7.8. At any election, pursuant to procedures that the
line 18 Legislature shall provide, a local governing body may hold an
line 19 advisory vote concerning any issue of governance for the purpose
line 20 of allowing voters within the jurisdiction to voice their opinions
line 21 on the issue. An advisory question is approved only if a majority
line 22 of the votes cast on the question are in favor. The results of the
line 23 advisory vote shall in no manner be controlling on the sponsoring
line 24 local governing body.
line 25 Fourth—The provisions of this measure are severable. If any
line 26 portion, section, subdivision, paragraph, clause, sentence, phrase,
line 27 word, or application of this measure is for any reason held to be
line 28 invalid by a decision of any court of competent jurisdiction, that
line 29 decision shall not affect the validity of the remaining portions of
line 30 this measure. The people of the State of California hereby declare
line 31 that they would have adopted this measure and each and every
line 32 portion, section, subdivision, paragraph, clause, sentence, phrase,
line 33 word, and application not declared invalid or unconstitutional
line 34 without regard to whether any portion of this measure or
line 35 application thereof would be subsequently declared invalid.
O
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