HomeMy WebLinkAbout022724-3.1
LEGISLATIVE COMMITTEE MEMORANDUM 3.1
TO: Mayor and Town Council February 27, 2024
SUBJECT: February Legislative Report
BACKGROUND
On behalf of the Town as well as the Tri-Valley Cities Coalition, the Town’s Legislative
Committee identifies and follows priority legislation. Priority determination is based
upon the Town’s legislative framework which is developed and reviewed annually by
the Danville Town Council (ATTACHMENT A) as well as a separate but related
framework developed by the Tri-Valley Cities Coalition. The Legislative Committee’s
work is essential to ensure that the Town is well positioned for advocacy work during
the 2024 Legislative Session.
DISCUSSION
The State Legislature reconvened on January 3, 2024, to start the second year of the 2023-
2024 Legislative Session. The last day to introduce bills was Friday, February 16. This
year, the Legislature produced over 1,500 new vehicle bills. While many bills are still in
spot form and lack substantive language, legislative trends include firearm safety
regulations, fatal drug overdose prevention, housing streamlining, and climate resiliency
programs. As typical in recent years, the sheer volume of bills generated poses a daunting
task for the Town, the coalition and the lobbyists working with both entities to track and
analyze for the purpose of identifying those most critical to the Town and the Tri-Valley.
Tri-Valley Cities Coalition
During the December 4 Tri-Valley Cities Coalition (TVC) meeting, the five Mayors
approved updates to the Tri-Valley Cities Legislative Framework (ATTACHMENT B).
The TVC Legislative Framework identifies seven focus areas for the 2024 State Legislative
session including: Transportation and Infrastructure, Climate, Environment, and Health,
Public Safety, Economic Development, Affordable Housing and Homelessness, Mental
Health, and Fiscal Sustainability.
On February 5, the TVC met to discuss the following bills and recommending positions:
AB 1820 (Schiavo) Housing development projects: applications: fees and exactions.
This bill would authorize a development proponent that submits a preliminary
application for a housing development project to request a preliminary fee and exaction
estimate, as defined, and would require the local agency to provide the estimate within
February Legislative Update 2 February 27, 2024
10 business days of the submission of the preliminary application.
Recommended TVC Position: Seek Amendments
AB 1857 (Jackson) State Air Resources: air quality regulation: valleys.
This bill would require the State Air Resources Board to adopt regulations to improve air
quality in population centers located in valleys and would require each local air district
to implement those regulations with regard to stationary sources located within its
jurisdiction. The bill would make those requirements inoperative on January 1, 2029, and
would require the state board, on or before January 1, 2030, to submit a report to the
Legislature and specified committees of the Legislature describing any air quality
improvements resulting from those regulations.
Recommended TVC Position: Watch
AB 1889 (Friedman) General plan: wildlife connectivity element.
This bill would require a general plan to include a wildlife connectivity element, or
related goals, policies, and objectives integrated in other elements, that considers the
effect of development within the jurisdiction on fish, wildlife, and habitat connectivity.
The bill would require the wildlife connectivity element to, among other things, identify
and analyze connectivity areas, permeability, and natural landscape areas within the
jurisdiction, incorporate and analyze specified guidelines and standards, incorporate and
analyze relevant information from specified sources, and incorporate and analyze
relevant best available science. City or county would be required to adopt or review the
wildlife connectivity element upon the adoption or next revision of one or more elements
on or after January 1, 2025.
Recommended TVC Position: Seek Amendments
AB 1999 (Irwin) Electricity: fixed charges.
The bill would repeal existing provisions and instead permit the Public Utilities
Commission to authorize fixed charges that do not exceed $5 per residential customer
account per month for low-income customers enrolled in the California Alternate Rates
for Energy (CARE) program and that do not exceed $10 per residential customer account
per month for customers not enrolled in the CARE program. These maximum allowable
fixed charges to be adjusted by no more than the annual percentage increase in the
Consumer Price Index for the prior calendar year, beginning January 1, 2016.
Recommended TVC Position: Watch
AB 2021 (Bauer-Kahan) Crimes: selling or furnishing tobacco or related products and
paraphernalia to underage persons.
Existing law prohibits the sale or furnishing of tobacco or tobacco products or
paraphernalia, as specified, to a person who is under 21 years of age. This bill would
increase existing fines from $200 to $1,000 for the first offense, $500 to $5,000 for the 2nd
offense, and $1,000 to $10,000 for the 3rd offense.
Recommended TVC Position: Support
February Legislative Update 3 February 27, 2024
SB 37 (Caballero) Older Adults and Adults with Disabilities Housing Stability Act.
This bill would, upon an appropriation by the Legislature for this express purpose,
require the Department of Housing and Community Development, commencing January
1, 2025, to begin developing the Older Adults and Adults with Disabilities Housing
Stability Pilot Program. The bill would require the department, in administering the
program, to offer competitive grants to nonprofit community-based organizations,
continuums of care, public housing authorities, and area agencies on aging, as specified,
to administer a housing subsidy program for older adults and adults with disabilities
who are experiencing homelessness or at risk of homelessness, as defined, in up to 5
geographic regions or counties.
Recommended TVC Position: Support
SB 402 (Wahab) Involuntary commitment.
Existing law, the Lanterman-Petris-Short Act, authorizes the involuntary commitment
and treatment of persons with specified mental disorders. Under the act, when a person,
as a result of a mental health disorder, is a danger to self or others, or gravely disabled,
the person may, upon probable cause, be taken into custody by specified individuals,
including, among others, by peace officers and designated members of a mobile crisis
team, and placed in a facility designated by the county and approved by the State
Department of Health Care Services for up to 72 hours for evaluation and treatment. This
bill would additionally authorize a person to be taken into custody, pursuant to those
provisions, by a licensed mental health professional, as defined.
Recommended TVC Position: Support
SB 827 (Glazer) San Francisco Bay Area Rapid Transit District: Office of the BART
Inspector General.
This bill would provide that the BART Inspector General is vested with the full authority
to exercise all responsibility for maintaining a full scope, independent, and objective audit
and investigation program. The bill would provide the office with access and authority
to examine all records, files, documents, accounts, reports, correspondence, or other
property of the district and external entities that perform work for the district. The bill
would provide that all books, papers, records, and correspondence of the office are public
records subject to the California Public Records Act, but would prohibit the BART
Inspector General from releasing certain types of records to the public, except under
certain circumstances.
Recommended TVC Position: Support if Amended
SB 905 (Wiener) Unlawful entry of a vehicle.
This bill would make forcibly entering a vehicle, as defined, with the intent to commit a
theft therein a crime punishable by imprisonment in a county jail for a period not to
exceed one year or imprisonment in a county jail for 16 months, or 2 or 3 years. By creating
a new crime, this bill would impose a state-mandated local program.
TVC Position: Support
February Legislative Update 4 February 27, 2024
SB 925 (Wiener) San Francisco Bay Area: local revenue measure: transportation
improvements.
This bill would state the intent of the Legislature to enact subsequent legislation to
authorize the Metropolitan Transportation Commission to propose a revenue measure to
the voters in its jurisdiction to fund the operation, expansion, and transformation of the
San Francisco Bay area’s public transportation system, as well as other transportation
improvements.
Recommended TVC Position: Support if Amended
SB 926 (Wahab) San Francisco Bay area: public transportation.
This bill would require the Transportation Agency to develop a plan to consolidate all
transit agencies that are located within the geographic jurisdiction of the Metropolitan
Transportation Commission.
Recommended TVC Position: Watch
SB 1011 (Jones) Encampments: penalties.
This bill would prohibit a person from sitting, lying, sleeping, or storing, using,
maintaining, or placing personal property upon a street or sidewalk if a homeless shelter
is available to the person. The bill would also prohibit sitting, lying, sleeping, or storing,
using, maintaining, or placing personal property within 500 feet of a public or private
school, open space, or major transit stop, as specified. The bill would specify that a
violation of this prohibition is a public nuisance that can be abated and prevented, as
specified. The bill would also provide that a violation of the prohibition may be charged
as a misdemeanor or an infraction, at the discretion of the prosecutor. The bill would
prohibit a person from being found in violation of the bill’s provisions unless provided
notice, at least 72 hours before commencement of any enforcement action, as specified.
By imposing criminal penalties for a violation of these provisions, this bill would impose
a state-mandated local program.
Recommended TVC Position: Watch
Additional Advocacy Efforts
In January, the TVC Mayors also participated in a federal advocacy trip in Washington
D.C. to meet with Congressional Offices as well as Agency and Department
Administrators to communicate the coalition’s policy priorities and continue to foster
relationships with key stakeholder. Meetings were held with the:
• Joint Services Partnership Committee
• Office of Senator Butler
• Office of Congressman John Garamendi
• Office of Senator Alex Padilla
• Office of Congressman Eric Swalwell
• Office of Congressman Mark DeSaulnier
• Lawrence Livermore National Lab
February Legislative Update 5 February 27, 2024
The Tri-Valley Cities Council will meet on February 28. Agenda items include a
legislative update from Townsend Public Affairs and the League of California Cities,
along with a presentation from the Dublin Police Department on mental health.
State Budget
In January, Governor Newsom released his budget proposal for the 2024-2025 fiscal year.
The Proposed Budget includes a $37.9 billion budget shortfall, which is significantly
lower than the Legislative Analyst’s estimate of $68 billion. In order to address the budget
deficit Governor Newsom is proposing a number of strategies, including utilizing
accumulated reserves, reductions in proposed spending, fund shifts, delay in proposed
funding, and funding deferrals. The budget process will include comments and feedback
from both houses in the form of committee and sub-committee hearings, followed by the
May Revise budget, toward coming to formal agreement by June 15.
Conclusion
It is recommended that the Town Council Legislative Sub-Committee accept this report
and direct any questions and/or direction to Town legislative staff.
Prepared by:
Cat Bravo
Management Analyst
Reviewed by:
Joseph Calabrigo
Town Manager
Attachment A – Danville Legislative Framework
Attachment B – Tri-Valley Cities Legislative Framework
Attachment C – Bill Summaries/Analysis
Attachment D – TVC Letter of Support SB 905 (Weiner)
Town of Danville
Legislative Framework
Town Council Legislative Committee
ATTACHMENT A
2 February 2024
Overview
The Town of Danville is actively engaged in legislative advocacy efforts that are aimed at
protecting and promoting Danville’s best interests at the local, state and federal levels. These
efforts are driven by two primary considerations: 1) continuing to uphold the Town mission of
delivering superior municipal services that make people’s lives better; and 2) an increasing level
of state involvement and regulation in areas that have previously fallen within local control.
The significant increase in bills being introduced in the State Legislature that have the potential
to further impact cities’ local control has prompted the Town to continue to expand advocacy
efforts through various means and channels. Key to these efforts is the development of this
Legislative Framework which outlines the Town’s legislative principles, policies, goals and
strategies. The Framework will be monitored and driven by a Town Council Legislative
Committee.
Legislative Goals
• Advocate the Town’s legislative interests at the federal, state, regional, and county levels
to support our Town’s vision and mission.
• Serve as an active participant with other local governments, the League of California Cities,
regional agencies, and local professional organizations in addressing legislative issues that
are important to the town and our region.
• Participate in the Tri-Valley Cities coalition to work together on legislative issues, projects
and initiatives at the federal, state, regional and county levels.
• Seek grant and funding assistance for Town projects, services, and programs.
• Communicate to the Town’s residents those legislative and agency rule-making matters
which are of potentially general interest or concern.
Legislative Principles
To fulfill the goals identified, the Town supports legislation and policies that favor:
1. Outstanding Quality of Life - provide opportunities to protect and enhance our
residents’ quality of life through active living, a healthy lifestyle and diverse recreational
services. 2. Community Safety - provide access to resources and services for residents, such as
quality police, fire, emergency management, mental health services, emergency medical
services, services for vulnerable populations and community benefit efforts.
3. Local Control over Land Use and Preservation - ensures the Town’s continued
ability and authority to exercise decisions on land use matters and reasonably regulate
new development to ensure consistency with Town design standards. The orderly
growth and development of the Town together with the preservation of open space is a
high priority for the Danville community.
3 February 2024
4. Foster Economic Vitality and Growth - provide funding for initiatives that
promote: economic health and resilience, business development, workforce
development, and small business entrepreneurship training and assistance. 5. Public Infrastructure - enable continued improvement and maintenance of the
Town’s public infrastructure. 6. Transportation - provide funding for planning and implementation of regional
transportation projects. 7. Housing - seek balanced solutions which consider housing, jobs, and transportation
together; does not take a one size fits all approach; provides funding and resources for
infrastructure and allows the Town to exercise local control in developing locally
appropriate plans that meet State objectives in a manner that is compatible with existing
community character. 8. Support Residents Growth and Enrichment - enhance and encourage
recreational programming, exercise, use of parks and services, community engagement,
social and recreational experiences; and performing and visual arts. 9. Sustainability - enable sustainable development, conserve natural resources, provide
resources to enable environmental awareness and health in our community and source
vendors that comply with California environmental requirements that protect public
health and air quality.
10. Fiscal Sustainability - protect existing federal, state, and local funding sources that
provide revenues to the Town of Danville. Oppose Unfunded Mandates and legislation
that seeks to impose any requirement upon the Town that is not fully funded; aid
recovery of Town costs stemming from State and/or Federal mandates.
Town Council Legislative Committee
• The Legislative Committee shall consist of two members of the Town Council to be
appointed annually by the Mayor, supported by appropriate Town staff.
• The committee shall meet as frequently as monthly to review and discuss the Town’s
legislative platform and pending/possible legislation.
• The committee shall develop positions on pending or possible legislation and make
recommendations for consideration by the Town Council. Recommendations will be
based upon a determination of potential legislative impacts upon the Town and its
residents. Potential positions to be considered include:
o Support: Legislation that the Town should support as drafted o Support if Amended: that the Town should support if the author accepts
amendments proposed or supported by the Town
o Oppose: Legislation that the Town should oppose as drafted o Oppose unless amended: Legislation the Town should oppose unless amended o Watch: Town will take no formal position but will watch the Legislation and
consider taking a position as the legislative process progresses
4 February 2024
• Once a determination has been made that a legislative proposal may impact the Town by
the Legislative Committee, a letter outlining the Town’s position will be drafted for the
Mayor’s or Town Manager’s signature.
• Legislative Proposals may sometimes advance or change rapidly. Should the need to
respond to such a proposal arise prior to an opportunity for either the Legislative
Committee or Town Council to meet to consider the matter, then the Town Manager is
authorized to act expeditiously to respond via letter, in a manner that is consistent with
the goals and principles contained in the Framework. All such letters shall be transmitted
to the Town Council, and posted on the Legislative page of the Town website.
• The Committee shall make regular reports to the Town Council at duly noticed public
meetings.
• The Committee shall work collaboratively with Tri-Valley Cities of Dublin, Livermore,
Pleasanton and San Ramon to further the Tri-Valley Legislative Framework.
Strategic Documents
The following documents are available on the Town’s website at www.danville.ca.gov
• Town Vision and Mission Statements
• Town of Danville General Plan 2030
• Town of Danville Adopted Budget and Capital Improvement Program
• Town of Danville Recreation, Arts & Community Services Master Plan
• Town of Danville Climate Action Plan
The Legislative Framework will be reviewed annually by the Town Council. Day to day
oversight of legislative matters is the responsibility of the Town Manager’s Office, consistent
with this Legislative Framework and policy set by the Town Council.
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TRI-VALLEY CITIES
Legislative Framework
2024
ATTACHMENT B
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TRI-VALLEY CITIES VALUES STATEMENT
The Tri-Valley Cities of Dublin, Livermore, Pleasanton, San Ramon, and the Town of Danville value regional leadership, innovation, collaboration, and problem solving to maintain and improve the quality of life for Tri-Valley residents, provide a vibrant climate for businesses, and enable continued opportunities for public and private investment within the
region.
Each City and Town provides a unique perspective on how to meet the needs of their
residents and businesses. The Cities and Town agree to respect the individuality of each
community and are committed to open and honest communication with a goal of building consensus and a united approach to advocacy for solutions that will serve the residents and businesses of the Tri-Valley. TRI-VALLEY CITIES LEGISLATIVE FRAMEWORK
The Tri-Valley Cities Legislative Framework seeks to inform all levels of governmental
interaction (e.g., federal, state, regional, local) regarding legislation, policies, and programs that have a direct impact on the region. The TVC has defined Legislative Focus Areas which have an overarching objective to retain and promote local control and decision-making as it relates to the implementation of laws and regulations and to have the ability to
integrate them in a manner that meets the unique needs of each community. The TVC will
advocate together to achieve outcomes benefiting the region in each of these Focus Areas.
Transportation and Infrastructure Residents of the Tri-Valley region are subject to some of the heaviest commutes in the Bay
Area and are impacted by the heavy flow of traffic along the region’s freeways, which often
spills over onto the local surface streets as commuters pursue alternatives to their commute
through the Tri-Valley. A key objective of the region is to reduce congestion on the region’s freeways, and to increase mobility of goods and people through the Tri-Valley with continued financial investment in transportation infrastructure: developing alternative modes of transportation, modernization of transportation corridors, and creation, modernization,
and expansion of rail systems. The TVC also seeks to partner on other significant non-
transportation infrastructure projects, especially those with regional and multi-regional benefits.
Climate, Environment, and Health The TVC seeks to work collaboratively with federal, state, and regional partners to address the new landscape of year-round wildfires, air quality, public safety power shutoffs, water quality (including PFAS/PFOS contaminants) and supply issues, as well as waste and
recycling mandates. The TVC will advocate for increasing financial and technical support in these areas, as well as for investment in key infrastructure at all levels of government.
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Public Safety The TVC prides itself on providing the highest quality of life for its residents, businesses, workers, and visitors alike – a critical part of which is ensuring the basic right to safety,
without fear of harm to oneself or one’s property. As such, the coalition will advocate for reasonable public safety reforms, especially with regard to retail theft, burglary, and assault, all while maintaining a lens of equity.
Economic Development
The Tri-Valley region is an innovation hub that spurs job growth, sustains a healthy economy, and provides a high quality of life for residents and business. Key objectives are
developing a healthy workforce; and supporting innovation, capacity building, economic stimulus, and growth in the region.
Affordable Housing and Homelessness The TVC supports balanced solutions which consider housing, jobs, and transportation together and seeks to support, promote, protect, and increase affordability in the region’s housing stock. Key objectives are to work with federal, state, and regional partners to
provide funding for affordable housing through a variety of programs and options and to
work to address barriers to building housing at Very Low, Low, and Moderate income levels. TVC also remains committed to mitigating and eliminating homelessness, including working with partners at all levels of government to address the root causes of housing insecurity and homelessness.
Mental Health
The TVC recognizes that social services are vital to supporting residents and providing
crucial safety net services in our region. While the TVC cities do not provide direct delivery of social services, the Cities seek to work together to support local non-profits and organizations that do provide these services, and advocate together for these vital resources and services from all levels of government. Mental health support is a growing need in our region, and the TVC seeks to advocate for the resources to meet the needs of
all our residents.
Fiscal Sustainability
Fiscal Sustainability is an important role for all levels of government. The TVC seeks to advocate against the imposition of unfunded mandates and the removal of funding streams from local governments.
2024
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1
AMENDED IN ASSEMBLY FEBRUARY 20, 2024
california legislature—2023–24 regular session
ASSEMBLY BILL No. 1820
Introduced by Assembly Member Schiavo
(Coauthor: Assembly Member Grayson)
January 11, 2024
An act to amend Section Sections 65940.1 and 65941.1 of, and to
add Section 65943.1 to, the Government Code, relating to housing.
legislative counsel’s digest
AB 1820, as amended, Schiavo. Housing development projects:
applications: fees and exactions.
(1) Existing law requires a city or county to deem an applicant for a
housing development project to have submitted a preliminary application
upon providing specified information about the proposed project to the
city or county from which approval for the project is being sought.
Existing law requires a housing development project be subject only to
the ordinances, policies, and standards adopted and in effect when the
preliminary application was submitted.
This bill would authorize a development proponent that submits a
preliminary application for a housing development project to request a
preliminary fee and exaction estimate, as defined. The bill defined, and
would require a the local agency to comply with the request provide
the estimate within 10 business days of the submission of the preliminary
application, except as specified. application.
(2) Existing law requires a public agency that receives an application
for a development project to, within 30 calendar days, determine in
writing whether the application is complete and immediately transmit
98
ATTACHMENT C
its determination to the applicant for the development project, as
specified.
This bill would require a public agency that determines an application
for a housing development project is complete to provide the
development proponent with an itemized list and total sum amount of
all fees and exactions that will apply to the project with within 10 days
of the above-described determination of completeness transmitted to
the applicant.
(3) Existing law requires a city, county, or special district that has
an internet website to make specified information available on its
internet website, as applicable, including a current schedule of fees,
exactions, affordability requirements it has imposed that are applicable
to a proposed housing development project, and an archive of impact
fee nexus studies, cost of service studies, or equivalent, conducted by
that city, county, or special district on or after January 1, 2018. Existing
law requires a city or county to request from a development proponent,
upon issuance of a certificate of occupancy or the final inspection,
whichever occurs last, the total amount of fees and exactions associated
with the project for which the certificate was issued.
This bill would clarify that these provisions may not be construed to
impose any obligation on any entity, including a development proponent,
other than a city, county, or special district, as specified. The bill would
also require the request from the city or county for the total amount of
fees and exactions associated with the project to clearly state that the
request does not create any obligation to respond and that the
development proponent will not be subjected to any consequences for
not responding or for the content of a response.
(3)
(4) 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.
(4)
(5) By imposing new duties on local governments when receiving
and reviewing certain development project applications, the bill would
impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
98
— 2 — AB 1820
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 65940.1 of the Government Code is
line 2 amended to read:
line 3 65940.1. (a) (1) A city, county, or special district that has an
line 4 internet website shall make all of the following available on its
line 5 internet website, as applicable:
line 6 (A) (i) A current schedule of fees, exactions, and affordability
line 7 requirements imposed by that city, county, or special district,
line 8 including any dependent special districts, as defined in Section
line 9 56032.5, of the city or county applicable to a proposed housing
line 10 development project.
line 11 (ii) The city, county, or special district shall present the
line 12 information described in clause (i) in a manner that clearly
line 13 identifies the fees, exactions, and affordability requirements that
line 14 apply to each parcel and the fees that apply to each new water and
line 15 sewer utility connection.
line 16 (iii) The city, county, or special district shall post a written fee
line 17 schedule or a link directly to the written fee schedule on its internet
line 18 website.
line 19 (B) All zoning ordinances and development standards adopted
line 20 by the city or county presenting the information, which shall
line 21 specify the zoning, design, and development standards that apply
line 22 to each parcel.
line 23 (C) The list required to be compiled pursuant to Section 65940
line 24 by the city or county presenting the information.
line 25 (D) The current and five previous annual fee reports or the
line 26 current and five previous annual financial reports, that were
line 27 required pursuant to subdivision (b) of Section 66006 and
line 28 subdivision (d) of Section 66013.
line 29 (E) An archive of impact fee nexus studies, cost of service
line 30 studies, or equivalent, conducted by that city, county, or special
line 31 district on or after January 1, 2018. For purposes of this
line 32 subparagraph, “cost of service study” means the data provided to
line 33 the public pursuant to subdivision (a) of Section 66016.
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AB 1820 — 3 —
line 1 (2) A city, county, or special district shall update the information
line 2 made available under this subdivision within 30 days of any
line 3 changes.
line 4 (3) (A) A city or county shall request from a development
line 5 proponent, upon issuance of a certificate of occupancy or the final
line 6 inspection, whichever occurs last, the total amount of fees and
line 7 exactions associated with the project for which the certificate was
line 8 issued. The request shall clearly state that the development
line 9 proponent is under no obligation to respond to the request for
line 10 information and that the development proponent will not be
line 11 subjected to any consequences for not responding or for the content
line 12 of a response. The city or county shall post this information on its
line 13 internet website, and update it at least twice per year.
line 14 (B) A city or county shall not be responsible for the accuracy
line 15 for the information received and posted pursuant to subparagraph
line 16 (A). A city or county may include a disclaimer regarding the
line 17 accuracy of the information posted on its internet website under
line 18 this paragraph.
line 19 (b) For purposes of this section:
line 20 (1) “Affordability requirement” means a requirement imposed
line 21 as a condition of a development of residential units, that the
line 22 development include a certain percentage of the units affordable
line 23 for rent or sale to households with incomes that do not exceed the
line 24 limits for moderate-income, lower income, very low income, or
line 25 extremely low income households specified in Sections 50079.5,
line 26 50093, 50105, and 50106 of the Health and Safety Code, or an
line 27 alternative means of compliance with that requirement including,
line 28 but not limited to, in-lieu fees, land dedication, off-site
line 29 construction, or acquisition and rehabilitation of existing units.
line 30 (2) (A) “Exaction” means any of the following:
line 31 (i) A construction excise tax.
line 32 (ii) A requirement that the housing development project provide
line 33 public art or an in-lieu payment.
line 34 (iii) Dedications of parkland or in-lieu fees imposed pursuant
line 35 to Section 66477.
line 36 (iv) A special tax levied on new housing units pursuant to the
line 37 Mello-Roos Community Facilities Act of 1982 (Chapter 2.5
line 38 (commencing with Section 53311) of Part 1 of Division 2 of Title
line 39 5).
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— 4 — AB 1820
line 1 (B) “Exaction” does not include fees or charges pursuant to
line 2 Section 66013 that are not imposed (i) in connection with issuing
line 3 or approving a permit for development or (ii) as a condition of
line 4 approval of a proposed development, as held in Capistrano Beach
line 5 Water Dist. v. Taj Development Corp. (1999) 72 Cal.App.4th 524.
line 6 (3) “Fee” means a fee or charge described in the Mitigation Fee
line 7 Act (Chapter 5 (commencing with Section 66000), Chapter 6
line 8 (commencing with Section 66010), Chapter 7 (commencing with
line 9 Section 66012), Chapter 8 (commencing with Section 66016), and
line 10 Chapter 9 (commencing with Section 66020)).
line 11 (4) “Housing development project” means a use consisting of
line 12 any of the following:
line 13 (A) Residential units only.
line 14 (B) Mixed-use developments consisting of residential and
line 15 nonresidential uses with at least two-thirds of the square footage
line 16 designated for residential use.
line 17 (C) Transitional housing or supportive housing.
line 18 (c) This section shall not be construed to alter the existing
line 19 authority of a city, county, or special district to adopt or impose
line 20 an exaction or fee.
line 21 (d) This section shall not be construed to impose any obligation
line 22 on any entity, including a development proponent, other than a
line 23 city, county, or special district. This subdivision does not constitute
line 24 a change in, but is declaratory of, existing law.
line 25 SECTION 1.
line 26 SEC. 2. Section 65941.1 of the Government Code, as amended
line 27 by Section 27 of Chapter 258 of the Statutes of 2022, is amended
line 28 to read:
line 29 65941.1. (a) An applicant for a housing development project,
line 30 as defined in paragraph (3) of subdivision (b) of Section 65905.5,
line 31 shall be deemed to have submitted a preliminary application upon
line 32 providing all of the following information about the proposed
line 33 project to the city, county, or city and county from which approval
line 34 for the project is being sought and upon payment of the permit
line 35 processing fee:
line 36 (1) The specific location, including parcel numbers, a legal
line 37 description, and site address, if applicable.
line 38 (2) The existing uses on the project site and identification of
line 39 major physical alterations to the property on which the project is
line 40 to be located.
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AB 1820 — 5 —
line 1 (3) A site plan showing the location on the property, elevations
line 2 showing design, color, and material, and the massing, height, and
line 3 approximate square footage, of each building that is to be occupied.
line 4 (4) The proposed land uses by number of units and square feet
line 5 of residential and nonresidential development using the categories
line 6 in the applicable zoning ordinance.
line 7 (5) The proposed number of parking spaces.
line 8 (6) Any proposed point sources of air or water pollutants.
line 9 (7) Any species of special concern known to occur on the
line 10 property.
line 11 (8) Whether a portion of the property is located within any of
line 12 the following:
line 13 (A) A very high fire hazard severity zone, as determined by the
line 14 Department of Forestry and Fire Protection pursuant to Section
line 15 51178.
line 16 (B) Wetlands, as defined in the United States Fish and Wildlife
line 17 Service Manual, Part 660 FW 2 (June 21, 1993).
line 18 (C) A hazardous waste site that is listed pursuant to Section
line 19 65962.5 or a hazardous waste site designated by the Department
line 20 of Toxic Substances Control pursuant to Article 5 (commencing
line 21 with Section 78760) of Chapter 4 of Part 2 of Division 45 of the
line 22 Health and Safety Code.
line 23 (D) A special flood hazard area subject to inundation by the 1
line 24 percent annual chance flood (100-year flood) as determined by
line 25 the Federal Emergency Management Agency in any official maps
line 26 published by the Federal Emergency Management Agency.
line 27 (E) A delineated earthquake fault zone as determined by the
line 28 State Geologist in any official maps published by the State
line 29 Geologist, unless the development complies with applicable seismic
line 30 protection building code standards adopted by the California
line 31 Building Standards Commission under the California Building
line 32 Standards Law (Part 2.5 (commencing with Section 18901) of
line 33 Division 13 of the Health and Safety Code), and by any local
line 34 building department under Chapter 12.2 (commencing with Section
line 35 8875) of Division 1 of Title 2.
line 36 (F) A stream or other resource that may be subject to a
line 37 streambed alteration agreement pursuant to Chapter 6 (commencing
line 38 with Section 1600) of Division 2 of the Fish and Game Code.
line 39 (9) Any historic or cultural resources known to exist on the
line 40 property.
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line 1 (10) The number of proposed below market rate units and their
line 2 affordability levels.
line 3 (11) The number of bonus units and any incentives, concessions,
line 4 waivers, or parking reductions requested pursuant to Section 65915.
line 5 (12) Whether any approvals under the Subdivision Map Act,
line 6 including, but not limited to, a parcel map, a tentative map, or a
line 7 condominium map, are being requested.
line 8 (13) The applicant’s contact information and, if the applicant
line 9 does not own the property, consent from the property owner to
line 10 submit the application.
line 11 (14) For a housing development project proposed to be located
line 12 within the coastal zone, whether any portion of the property
line 13 contains any of the following:
line 14 (A) Wetlands, as defined in subdivision (b) of Section 13577
line 15 of Title 14 of the California Code of Regulations.
line 16 (B) Environmentally sensitive habitat areas, as defined in
line 17 Section 30240 of the Public Resources Code.
line 18 (C) A tsunami run-up zone.
line 19 (D) Use of the site for public access to or along the coast.
line 20 (15) The number of existing residential units on the project site
line 21 that will be demolished and whether each existing unit is occupied
line 22 or unoccupied.
line 23 (16) A site map showing a stream or other resource that may
line 24 be subject to a streambed alteration agreement pursuant to Chapter
line 25 6 (commencing with Section 1600) of Division 2 of the Fish and
line 26 Game Code and an aerial site photograph showing existing site
line 27 conditions of environmental site features that would be subject to
line 28 regulations by a public agency, including creeks and wetlands.
line 29 (17) The location of any recorded public easement, such as
line 30 easements for storm drains, water lines, and other public rights of
line 31 way.
line 32 (b) (1) A development proponent that submits a preliminary
line 33 application pursuant to this section providing the information
line 34 required by subdivision (a) may include in its preliminary
line 35 application a request for a preliminary fee and exaction estimate.
line 36 A estimate, which the local agency shall comply with the request
line 37 of the development proponent provide within 10 business days of
line 38 the submission of the preliminary application unless the local
line 39 government otherwise determines that the preliminary application
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AB 1820 — 7 —
line 1 does not include all of the information required by subdivision (a).
line 2 application.
line 3 (2) For purposes of this subdivision:
line 4 (A) “Fee” and “exaction” mean the same as those terms are
line 5 defined in Section 65940.1.
line 6 (B) “Fee and exaction estimate” means a good faith estimate of
line 7 the total amount of fees and exactions expected to be imposed in
line 8 connection with the project.
line 9 (3) Except for the provision of the fee and exaction estimate by
line 10 the local agency, nothing in this subdivision shall create or affect
line 11 any rights or obligations with respect to fees or exactions.
line 12 (c) (1) Each local agency shall compile a checklist and
line 13 application form that applicants for housing development projects
line 14 may use for the purpose of satisfying the requirements for submittal
line 15 of a preliminary application.
line 16 (2) The Department of Housing and Community Development
line 17 shall adopt a standardized form that applicants for housing
line 18 development projects may use for the purpose of satisfying the
line 19 requirements for submittal of a preliminary application if a local
line 20 agency has not developed its own application form pursuant to
line 21 paragraph (1). Adoption of the standardized form shall not be
line 22 subject to Chapter 3.5 (commencing with Section 11340) of Part
line 23 1 of Division 3 of Title 2 of the Government Code.
line 24 (3) A checklist or form shall not require or request any
line 25 information beyond that expressly identified in subdivision (a).
line 26 (d) After submittal of all of the information required by
line 27 subdivision (a), if the development proponent revises the project
line 28 such that the number of residential units or square footage of
line 29 construction changes by 20 percent or more, exclusive of any
line 30 increase resulting from the receipt of a density bonus, incentive,
line 31 concession, waiver, or similar provision, the housing development
line 32 project shall not be deemed to have submitted a preliminary
line 33 application that satisfies this section until the development
line 34 proponent resubmits the information required by subdivision (a)
line 35 so that it reflects the revisions. For purposes of this subdivision,
line 36 “square footage of construction” means the building area, as
line 37 defined by the California Building Standards Code (Title 24 of the
line 38 California Code of Regulations).
line 39 (e) (1) Within 180 calendar days after submitting a preliminary
line 40 application with all of the information required by subdivision (a)
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line 1 to a city, county, or city and county, the development proponent
line 2 shall submit an application for a development project that includes
line 3 all of the information required to process the development
line 4 application consistent with Sections 65940, 65941, and 65941.5.
line 5 (2) If the public agency determines that the application for the
line 6 development project is not complete pursuant to Section 65943,
line 7 the development proponent shall submit the specific information
line 8 needed to complete the application within 90 days of receiving the
line 9 agency’s written identification of the necessary information. If the
line 10 development proponent does not submit this information within
line 11 the 90-day period, then the preliminary application shall expire
line 12 and have no further force or effect.
line 13 (3) This section shall not require an affirmative determination
line 14 by a city, county, or city and county regarding the completeness
line 15 of a preliminary application or a development application for
line 16 purposes of compliance with this section.
line 17 (f) Notwithstanding any other law, submission of a preliminary
line 18 application in accordance with this section shall not preclude the
line 19 listing of a tribal cultural resource on a national, state, tribal, or
line 20 local historic register list on or after the date that the preliminary
line 21 application is submitted. For purposes of Section 65589.5 or any
line 22 other law, the listing of a tribal cultural site on a national, state,
line 23 tribal, or local historic register on or after the date the preliminary
line 24 application was submitted shall not be deemed to be a change to
line 25 the ordinances, policies, and standards adopted and in effect at the
line 26 time that the preliminary application was submitted.
line 27 (g) This section shall remain in effect only until January 1, 2030,
line 28 and as of that date is repealed.
line 29 SEC. 2.
line 30 SEC. 3. Section 65943.1 is added to the Government Code, to
line 31 read:
line 32 65943.1. (a) A public agency that determines an application
line 33 for a housing development project is complete pursuant to Section
line 34 65943 shall provide the development proponent with an itemized
line 35 list and total sum amount of all fees and exactions that will apply
line 36 to the project with within 10 days of its formal determination of
line 37 completeness transmitted to the applicant.
line 38 (b) For purposes of complying with subdivision (a), a public
line 39 agency that calculates fees using a cost recovery method to cover
line 40 administrative cost shall provide fee estimates for those cost
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AB 1820 — 9 —
line 1 recovery fees based on the average amount of the fees imposed
line 2 on similar projects.
line 3 (c) For purposes of this section:
line 4 (1) (A) “Exaction” means any of the following:
line 5 (i) A construction excise tax.
line 6 (ii) A requirement that the housing development project provide
line 7 public art or an in-lieu payment.
line 8 (iii) Dedications of parkland or in-lieu fees imposed pursuant
line 9 to Section 66477.
line 10 (iv) A special tax levied on new housing units pursuant to the
line 11 Mello-Roos Community Facilities Act of 1982 (Chapter 2.5
line 12 (commencing with Section 53311) of Part 1 of Division 2 of Title
line 13 5).
line 14 (B) “Exaction” does not include fees or charges pursuant to
line 15 Section 66013 that are not imposed (i) in connection with issuing
line 16 or approving a permit for development or (ii) as a condition of
line 17 approval of a proposed development, as held in Capistrano Beach
line 18 Water Dist. v. Taj Development Corp. (1999) 72 Cal.App.4th 524.
line 19 (2) “Fee” means a fee or charge described in the Mitigation Fee
line 20 Act (Chapter 5 (commencing with Section 66000), Chapter 6
line 21 (commencing with Section 66010), Chapter 7 (commencing with
line 22 Section 66012), Chapter 8 (commencing with Section 66016), and
line 23 Chapter 9 (commencing with Section 66020)).
line 24 (3) “Housing development project” means a use consisting of
line 25 any of the following:
line 26 (A) Residential units only.
line 27 (B) Mixed-use developments consisting of residential and
line 28 nonresidential uses with at least two-thirds of the square footage
line 29 designated for residential use.
line 30 (C) Transitional housing or supportive housing.
line 31 (4) “Public agency” means a city, including a charter city, a
line 32 county, including a charter county, or special district.
line 33 SEC. 3.
line 34 SEC. 4. The Legislature finds and declares all of the following:
line 35 (a) A recent study conducted by the Terner Center for Housing
line 36 Innovation at the University of California, Berkeley, found that
line 37 fees and exactions can amount to up to 18 percent of the median
line 38 home price, that these fees and exactions are extremely difficult
line 39 to estimate, and that fees and exactions continue to rise in
line 40 California while decreasing nationally. Further, escalating fee and
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line 1 exaction costs make it more difficult for builders to deliver new
line 2 housing for sale or rent at affordable prices.
line 3 (b) Ensuring access to affordable housing is a matter of statewide
line 4 concern rather than a municipal affair as that term is used in Section
line 5 5 of Article XI of the California Constitution. Therefore, Section
line 6 1 2 of this act amending Section 65941.1 of the Government Code,
line 7 and Section 2 3 of this act adding Section 65943.1 to the
line 8 Government Code apply to all cities, including charter cities.
line 9 SEC. 4.
line 10 SEC. 5. No reimbursement is required by this act pursuant to
line 11 Section 6 of Article XIIIB of the California Constitution because
line 12 a local agency or school district has the authority to levy service
line 13 charges, fees, or assessments sufficient to pay for the program or
line 14 level of service mandated by this act, within the meaning of Section
line 15 17556 of the Government Code.
O
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AB 1820 — 11 —
california legislature—2023–24 regular session
ASSEMBLY BILL No. 1857
Introduced by Assembly Member Jackson
January 18, 2024
An act to add and repeal Section 39601.7 of the Health and Safety
Code, relating to air quality.
legislative counsel’s digest
AB 1857, as introduced, Jackson. State Air Resources Board: air
quality regulation: valleys.
Existing law imposes various limitations on emissions of air
contaminants for the control of air pollution from vehicular and
nonvehicular sources. Existing law generally designates the State Air
Resources Board as the state agency with the primary responsibility for
the control of vehicular air pollution and air pollution control and air
quality management districts with the primary responsibility for the
control of air pollution from all sources other than vehicular sources.
This bill would require the state board to adopt regulations to improve
air quality in population centers located in valleys and would require
each local air district to implement those regulations with regard to
stationary sources located within its jurisdiction. The bill would make
those requirements inoperative on January 1, 2029, and would require
the state board, on or before January 1, 2030, to submit a report to the
Legislature and specified committees of the Legislature describing any
air quality improvements resulting from those regulations.
By adding to the duties of local air districts, this bill would impose
a state-mandated local program.
99
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to the statutory
provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 39601.7 is added to the Health and Safety
line 2 Code, to read:
line 3 39601.7. (a) The state board shall adopt regulations to improve
line 4 air quality in population centers located in valleys.
line 5 (b) Each district shall implement the regulations adopted
line 6 pursuant to subdivision (a) with regard to stationary sources located
line 7 within its jurisdiction.
line 8 (c) Subdivisions (a) and (b) shall become inoperative on January
line 9 1, 2029.
line 10 (d) (1) The state board shall submit a report to the Legislature
line 11 on or before January 1, 2030, summarizing the regulations adopted
line 12 pursuant to subdivision (a) and describing any air quality
line 13 improvements resulting from those regulations.
line 14 (2) The report to be submitted pursuant to paragraph (1) shall
line 15 be submitted in compliance with Section 9795 of the Government
line 16 Code.
line 17 (3) The state board shall also submit the report required pursuant
line 18 to paragraph (1) to the Assembly Committee on Natural Resources
line 19 and the Senate Committee on Environmental Quality.
line 20 (e) For purposes of this section, “valley” means an elongate
line 21 depression of the earth's surface usually between ranges of hills
line 22 or mountains.
line 23 (f) This section shall remain in effect only until January 1, 2034,
line 24 and as of that date is repealed.
line 25 SEC. 2. If the Commission on State Mandates determines that
line 26 this act contains costs mandated by the state, reimbursement to
line 27 local agencies and school districts for those costs shall be made
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line 1 pursuant to Part 7 (commencing with Section 17500) of Division
line 2 4 of Title 2 of the Government Code.
O
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AB 1857 — 3 —
california legislature—2023–24 regular session
ASSEMBLY BILL No. 1889
Introduced by Assembly Member Friedman
January 22, 2024
An act to amend Section 65302 of the Government Code, relating to
land use.
legislative counsel’s digest
AB 1889, as introduced, Friedman. General plan: wildlife connectivity
element.
Existing law, the Planning and Zoning Law, requires the legislative
body of a city or county to adopt a comprehensive general plan that
includes various elements, including land use and housing elements, as
specified.
This bill would require a general plan to include a wildlife connectivity
element, or related goals, policies, and objectives integrated in other
elements, that considers the effect of development within the jurisdiction
on fish, wildlife, and habitat connectivity, as specified. The bill would
require the wildlife connectivity element to, among other things, identify
and analyze connectivity areas, permeability, and natural landscape
areas within the jurisdiction, incorporate and analyze specified
guidelines and standards, incorporate and analyze relevant information
from specified sources, and incorporate and analyze relevant best
available science. The bill would require a city or county subject to
these provisions to adopt or review the wildlife connectivity element,
or related goals, policies, and objectives integrated in other elements,
upon the adoption or next revision of one or more elements on or after
January 1, 2025. The bill would include related legislative findings and
declarations. By adding to the duties of county and city officials in the
99
administrating of their land use planning duties, this bill would impose
a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. (a) The Legislature finds and declares all of the
line 2 following:
line 3 (1) Development and human activities adversely impact wildlife
line 4 by reducing or eliminating their core habitat, severing connections
line 5 between habitats, and interfering with their behavioral patterns
line 6 and ability to access food, water, shelter, and genetically diverse
line 7 mates.
line 8 (2) Climate change is a significant threat to California’s
line 9 biodiversity. As climate change alters the habitat, ranges, and
line 10 movement patterns of numerous animals and plants, wildlife must
line 11 have the ability to shift their ranges to effectively adapt to changed
line 12 climatic conditions and resource availability. Moreover, wildlife
line 13 must be able to move to effectively respond to extreme weather
line 14 events, includes wildfire, drought, and floods.
line 15 (3) Executive Order No. N-82-20, codified by the Legislature
line 16 in Section 71450 of the Public Resources Code, declared that it is
line 17 the goal of the state to conserve at least 30 percent of California’s
line 18 land and coastal waters by 2030 to combat the climate and
line 19 biodiversity crisis. Wildlife connectivity contributes to the
line 20 preservation and restoration of biodiversity by ensuring that
line 21 wildlife has the opportunity to move through the landscape to
line 22 forage, find mates and reproduce, seek shelter from stochastic
line 23 events including flooding or wildfires, and adapt to the impacts of
line 24 climate change.
line 25 (4) The public trust doctrine, codified in Section 1600 of the
line 26 Fish and Game Code among other sections, holds that wildlife is
line 27 held in trust for the people and that the protection and conservation
line 28 of fish and wildlife is of utmost public interest. The California
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— 2 — AB 1889
line 1 Constitution grants cities and counties the power to control and
line 2 organize development within their boundaries as a means of serving
line 3 the general welfare. Because cities and counties have the power
line 4 to control development decisions within their boundaries, they
line 5 have a responsibility under the public trust doctrine to do so in a
line 6 manner that protects fish and wildlife and habitat connectivity.
line 7 (5) It is therefore the policy of the state to protect, restore, and
line 8 improve the functioning of fish, wildlife, and habitat connectivity
line 9 through local government land use planning and zoning.
line 10 (b) It is the intent of the Legislature that, in carrying out the
line 11 policy of the state, local jurisdictions, including cities and counties,
line 12 shall consider and implement measures to avoid, minimize, and
line 13 mitigate impacts to fish, wildlife, and habitat connectivity from
line 14 existing and planned land uses within their jurisdictions. It is
line 15 further the intent of the Legislature that local jurisdictions,
line 16 including cities and counties, implement measures to remediate
line 17 barriers to wildlife connectivity within their jurisdictions to the
line 18 maximum extent feasible.
line 19 (c) This act shall be known, and may be cited, as the Room to
line 20 Roam Act.
line 21 SEC. 2. Section 65302 of the Government Code is amended
line 22 to read:
line 23 65302. The general plan shall consist of a statement of
line 24 development policies and shall include a diagram or diagrams and
line 25 text setting forth objectives, principles, standards, and plan
line 26 proposals. The plan shall include the following elements:
line 27 (a) A land use element that designates the proposed general
line 28 distribution and general location and extent of the uses of the land
line 29 for housing, business, industry, open space, including agriculture,
line 30 natural resources, recreation, and enjoyment of scenic beauty,
line 31 education, public buildings and grounds, solid and liquid waste
line 32 disposal facilities, greenways, as defined in Section 816.52 of the
line 33 Civil Code, and other categories of public and private uses of land.
line 34 The location and designation of the extent of the uses of the land
line 35 for public and private uses shall consider the identification of land
line 36 and natural resources pursuant to paragraph (3) of subdivision (d).
line 37 The land use element shall include a statement of the standards of
line 38 population density and building intensity recommended for the
line 39 various districts and other territory covered by the plan. The land
line 40 use element shall identify and annually review those areas covered
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AB 1889 — 3 —
line 1 by the plan that are subject to flooding identified by flood plain
line 2 mapping prepared by the Federal Emergency Management Agency
line 3 (FEMA) or the Department of Water Resources. The land use
line 4 element shall also do both of the following:
line 5 (1) Designate in a land use category that provides for timber
line 6 production those parcels of real property zoned for timberland
line 7 production pursuant to the California Timberland Productivity Act
line 8 of 1982 (Chapter 6.7 (commencing with Section 51100) of Part 1
line 9 of Division 1 of Title 5).
line 10 (2) Consider the impact of new growth on military readiness
line 11 activities carried out on military bases, installations, and operating
line 12 and training areas, when proposing zoning ordinances or
line 13 designating land uses covered by the general plan for land, or other
line 14 territory adjacent to military facilities, or underlying designated
line 15 military aviation routes and airspace.
line 16 (A) In determining the impact of new growth on military
line 17 readiness activities, information provided by military facilities
line 18 shall be considered. Cities and counties shall address military
line 19 impacts based on information from the military and other sources.
line 20 (B) The following definitions govern this paragraph:
line 21 (i) “Military readiness activities” mean all of the following:
line 22 (I) Training, support, and operations that prepare the members
line 23 of the military for combat.
line 24 (II) Operation, maintenance, and security of any military
line 25 installation.
line 26 (III) Testing of military equipment, vehicles, weapons, and
line 27 sensors for proper operation or suitability for combat use.
line 28 (ii) “Military installation” means a base, camp, post, station,
line 29 yard, center, homeport facility for any ship, or other activity under
line 30 the jurisdiction of the United States Department of Defense as
line 31 defined in paragraph (1) of subsection (e) of Section 2687 of Title
line 32 10 of the United States Code.
line 33 (b) (1) A circulation element consisting of the general location
line 34 and extent of existing and proposed major thoroughfares,
line 35 transportation routes, terminals, any military airports and ports,
line 36 and other local public utilities and facilities, all correlated with the
line 37 land use element of the plan.
line 38 (2) (A) Commencing January 1, 2011, upon any substantive
line 39 revision of the circulation element, the legislative body shall
line 40 modify the circulation element to plan for a balanced, multimodal
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— 4 — AB 1889
line 1 transportation network that meets the needs of all users of streets,
line 2 roads, and highways for safe and convenient travel in a manner
line 3 that is suitable to the rural, suburban, or urban context of the
line 4 general plan.
line 5 (B) Upon any substantive revision of the circulation element
line 6 on or after January 1, 2025, the legislative body shall do all of the
line 7 following:
line 8 (i) Incorporate the principles of the Federal Highway
line 9 Administration’s Safe System Approach, in the circulation element
line 10 by including policies that aim to eliminate fatal and serious injuries
line 11 for all road users through a holistic view of the roadway system,
line 12 including provisions that account for human error, recognize
line 13 vulnerable road users, and promote redundant and proactive safety
line 14 measures.
line 15 (ii) Develop bicycle plans, pedestrian plans, and traffic calming
line 16 plans based on the policies and goals in the circulation element
line 17 that shall address all of the following for any urbanized area within
line 18 the scope of the general plan:
line 19 (I) Identify safety corridors and any land or facility that
line 20 generates high concentrations of bicyclists or pedestrians.
line 21 (II) Use evidence-based strategies, including strategies identified
line 22 in the United States Department of Transportation’s Strategic
line 23 Highway Safety Plan to develop safety measures specific to those
line 24 areas that are intended to eliminate traffic fatalities, with an
line 25 emphasis on fatalities of bicyclists, pedestrians, and users of any
line 26 other form of micromobility device in the areas identified in
line 27 subclause (I).
line 28 (III) Set goals for initiation and completion of all actions
line 29 identified in the plans within 25 years of the date of adoption of
line 30 the modified circulation element based upon projected development
line 31 activities within urbanized areas within the scope of the general
line 32 plan and projected availability of revenues.
line 33 (C) (i) A county or city shall begin implementation of the
line 34 modified circulation element plan specified in subparagraph (B)
line 35 within two years of the date of adoption of the plan.
line 36 (ii) A county or city shall regularly review the progress towards
line 37 and identify impediments to completing implementation of the
line 38 plan for a multimodal transportation network, including all bicycle
line 39 plans, pedestrian plans, and traffic calming plans iterated in the
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AB 1889 — 5 —
line 1 modified circulation element, and the construction of any related
line 2 infrastructure.
line 3 (iii) A county or city shall consider revising the circulation
line 4 element if, following the review under clause (ii), the county or
line 5 city determines it will not reach the goals of the bicycle, pedestrian,
line 6 or traffic calming plans within 25 years of the date of adoption of
line 7 the modified circulation element.
line 8 (D) For the purposes of this paragraph, the following definitions
line 9 shall apply:
line 10 (i) “Business activity district” has the same meaning as defined
line 11 in Section 22358.9 of the Vehicle Code.
line 12 (ii) “Land facilities that generate high concentrations of
line 13 bicyclists or pedestrians” has the same meaning as described in
line 14 Section 22358.7 of the Vehicle Code.
line 15 (iii) “Micromobility device” means a bicycle, electric bicycle,
line 16 or motorized scooter as those terms are defined and described in
line 17 Division 1 (commencing with Section 100) of the Vehicle Code.
line 18 (iv) “Safety corridor” has the same meaning as defined in
line 19 Section 22358.7 of the Vehicle Code.
line 20 (v) “Urbanized area” has the same meaning as defined in Section
line 21 21071 of the Public Resources Code.
line 22 (E) For purposes of this paragraph, “users of streets, roads, and
line 23 highways” mean bicyclists, children, persons with disabilities,
line 24 motorists, movers of commercial goods, pedestrians, users of public
line 25 transportation, and seniors.
line 26 (c) A housing element as provided in Article 10.6 (commencing
line 27 with Section 65580).
line 28 (d) (1) A conservation element for the conservation,
line 29 development, and utilization of natural resources, including water
line 30 and its hydraulic force, forests, soils, rivers and other waters,
line 31 harbors, fisheries, wildlife, minerals, and other natural resources.
line 32 The conservation element shall consider the effect of development
line 33 within the jurisdiction, as described in the land use element, on
line 34 natural resources located on public lands, including military
line 35 installations. That portion of the conservation element including
line 36 waters shall be developed in coordination with any countywide
line 37 water agency and with all district and city agencies, including
line 38 flood management, water conservation, or groundwater agencies
line 39 that have developed, served, controlled, managed, or conserved
line 40 water of any type for any purpose in the county or city for which
99
— 6 — AB 1889
line 1 the plan is prepared. Coordination shall include the discussion and
line 2 evaluation of any water supply and demand information described
line 3 in Section 65352.5, if that information has been submitted by the
line 4 water agency to the city or county.
line 5 (2) The conservation element may also cover all of the
line 6 following:
line 7 (A) The reclamation of land and waters.
line 8 (B) Prevention and control of the pollution of streams and other
line 9 waters.
line 10 (C) Regulation of the use of land in stream channels and other
line 11 areas required for the accomplishment of the conservation plan.
line 12 (D) Prevention, control, and correction of the erosion of soils,
line 13 beaches, and shores.
line 14 (E) Protection of watersheds.
line 15 (F) The location, quantity, and quality of the rock, sand, and
line 16 gravel resources.
line 17 (3) Upon the next revision of the housing element on or after
line 18 January 1, 2009, the conservation element shall identify rivers,
line 19 creeks, streams, flood corridors, riparian habitats, and land that
line 20 may accommodate floodwater for purposes of groundwater
line 21 recharge and stormwater management.
line 22 (e) An open-space element as provided in Article 10.5
line 23 (commencing with Section 65560).
line 24 (f) (1) A noise element that shall identify and appraise noise
line 25 problems in the community. The noise element shall analyze and
line 26 quantify, to the extent practicable, as determined by the legislative
line 27 body, current and projected noise levels for all of the following
line 28 sources:
line 29 (A) Highways and freeways.
line 30 (B) Primary arterials and major local streets.
line 31 (C) Passenger and freight online railroad operations and ground
line 32 rapid transit systems.
line 33 (D) Commercial, general aviation, heliport, helistop, and military
line 34 airport operations, aircraft overflights, jet engine test stands, and
line 35 all other ground facilities and maintenance functions related to
line 36 airport operation.
line 37 (E) Local industrial plants, including, but not limited to, railroad
line 38 classification yards.
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AB 1889 — 7 —
line 1 (F) Other ground stationary noise sources, including, but not
line 2 limited to, military installations, identified by local agencies as
line 3 contributing to the community noise environment.
line 4 (2) Noise contours shall be shown for all of these sources and
line 5 stated in terms of community noise equivalent level (CNEL) or
line 6 day-night average sound level (Ldn). The noise contours shall be
line 7 prepared on the basis of noise monitoring or following generally
line 8 accepted noise modeling techniques for the various sources
line 9 identified in subparagraphs (A) to (F) of paragraph (1), inclusive.
line 10 (3) The noise contours shall be used as a guide for establishing
line 11 a pattern of land uses in the land use element that minimizes the
line 12 exposure of community residents to excessive noise.
line 13 (4) The noise element shall include implementation measures
line 14 and possible solutions that address existing and foreseeable noise
line 15 problems, if any. The adopted noise element shall serve as a
line 16 guideline for compliance with the state’s noise insulation standards.
line 17 (g) (1) A safety element for the protection of the community
line 18 from any unreasonable risks associated with the effects of
line 19 seismically induced surface rupture, ground shaking, ground
line 20 failure, tsunami, seiche, and dam failure; slope instability leading
line 21 to mudslides and landslides; subsidence; liquefaction; and other
line 22 seismic hazards identified pursuant to Chapter 7.8 (commencing
line 23 with Section 2690) of Division 2 of the Public Resources Code,
line 24 and other geologic hazards known to the legislative body; flooding;
line 25 and wildland and urban fires. The safety element shall include
line 26 mapping of known seismic and other geologic hazards. It shall
line 27 also address evacuation routes, military installations, peakload
line 28 water supply requirements, and minimum road widths and
line 29 clearances around structures, as those items relate to identified fire
line 30 and geologic hazards.
line 31 (2) The safety element, upon the next revision of the housing
line 32 element on or after January 1, 2009, shall also do the following:
line 33 (A) Identify information regarding flood hazards, including,
line 34 but not limited to, the following:
line 35 (i) Flood hazard zones. As used in this subdivision, “flood
line 36 hazard zone” means an area subject to flooding that is delineated
line 37 as either a special hazard area or an area of moderate or minimal
line 38 hazard on an official flood insurance rate map issued by FEMA.
line 39 The identification of a flood hazard zone does not imply that areas
99
— 8 — AB 1889
line 1 outside the flood hazard zones or uses permitted within flood
line 2 hazard zones will be free from flooding or flood damage.
line 3 (ii) National Flood Insurance Program maps published by
line 4 FEMA.
line 5 (iii) Information about flood hazards that is available from the
line 6 United States Army Corps of Engineers.
line 7 (iv) Designated floodway maps that are available from the
line 8 Central Valley Flood Protection Board.
line 9 (v) Dam failure inundation maps prepared pursuant to Section
line 10 6161 of the Water Code that are available from the Department of
line 11 Water Resources.
line 12 (vi) Awareness Floodplain Mapping Program maps and 200-year
line 13 flood plain maps that are or may be available from, or accepted
line 14 by, the Department of Water Resources.
line 15 (vii) Maps of levee protection zones.
line 16 (viii) Areas subject to inundation in the event of the failure of
line 17 project or nonproject levees or floodwalls.
line 18 (ix) Historical data on flooding, including locally prepared maps
line 19 of areas that are subject to flooding, areas that are vulnerable to
line 20 flooding after wildfires, and sites that have been repeatedly
line 21 damaged by flooding.
line 22 (x) Existing and planned development in flood hazard zones,
line 23 including structures, roads, utilities, and essential public facilities.
line 24 (xi) Local, state, and federal agencies with responsibility for
line 25 flood protection, including special districts and local offices of
line 26 emergency services.
line 27 (B) Establish a set of comprehensive goals, policies, and
line 28 objectives based on the information identified pursuant to
line 29 subparagraph (A), for the protection of the community from the
line 30 unreasonable risks of flooding, including, but not limited to:
line 31 (i) Avoiding or minimizing the risks of flooding to new
line 32 development.
line 33 (ii) Evaluating whether new development should be located in
line 34 flood hazard zones, and identifying construction methods or other
line 35 methods to minimize damage if new development is located in
line 36 flood hazard zones.
line 37 (iii) Maintaining the structural and operational integrity of
line 38 essential public facilities during flooding.
line 39 (iv) Locating, when feasible, new essential public facilities
line 40 outside of flood hazard zones, including hospitals and health care
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AB 1889 — 9 —
line 1 facilities, emergency shelters, fire stations, emergency command
line 2 centers, and emergency communications facilities or identifying
line 3 construction methods or other methods to minimize damage if
line 4 these facilities are located in flood hazard zones.
line 5 (v) Establishing cooperative working relationships among public
line 6 agencies with responsibility for flood protection.
line 7 (C) Establish a set of feasible implementation measures designed
line 8 to carry out the goals, policies, and objectives established pursuant
line 9 to subparagraph (B).
line 10 (3) Upon the next revision of the housing element on or after
line 11 January 1, 2014, the safety element shall be reviewed and updated
line 12 as necessary to address the risk of fire for land classified as state
line 13 responsibility areas, as defined in Section 4102 of the Public
line 14 Resources Code, and land classified as very high fire hazard
line 15 severity zones, as defined in Section 51177. This review shall
line 16 consider the advice included in the Office of Planning and
line 17 Research’s most recent publication of “Fire Hazard Planning,
line 18 General Plan Technical Advice Series” and shall also include all
line 19 of the following:
line 20 (A) Information regarding fire hazards, including, but not limited
line 21 to, all of the following:
line 22 (i) Fire hazard severity zone maps available from the Office of
line 23 the State Fire Marshal.
line 24 (ii) Any historical data on wildfires available from local agencies
line 25 or a reference to where the data can be found.
line 26 (iii) Information about wildfire hazard areas that may be
line 27 available from the United States Geological Survey.
line 28 (iv) General location and distribution of existing and planned
line 29 uses of land in very high fire hazard severity zones and in state
line 30 responsibility areas, including structures, roads, utilities, and
line 31 essential public facilities. The location and distribution of planned
line 32 uses of land shall not require defensible space compliance measures
line 33 required by state law or local ordinance to occur on publicly owned
line 34 lands or open space designations of homeowner associations.
line 35 (v) Local, state, and federal agencies with responsibility for fire
line 36 protection, including special districts and local offices of
line 37 emergency services.
line 38 (B) A set of goals, policies, and objectives based on the
line 39 information identified pursuant to subparagraph (A) for the
line 40 protection of the community from the unreasonable risk of wildfire.
99
— 10 — AB 1889
line 1 (C) A set of feasible implementation measures designed to carry
line 2 out the goals, policies, and objectives based on the information
line 3 identified pursuant to subparagraph (B), including, but not limited
line 4 to, all of the following:
line 5 (i) Avoiding or minimizing the wildfire hazards associated with
line 6 new uses of land.
line 7 (ii) Locating, when feasible, new essential public facilities
line 8 outside of high fire risk areas, including, but not limited to,
line 9 hospitals and health care facilities, emergency shelters, emergency
line 10 command centers, and emergency communications facilities, or
line 11 identifying construction methods or other methods to minimize
line 12 damage if these facilities are located in a state responsibility area
line 13 or very high fire hazard severity zone.
line 14 (iii) Designing adequate infrastructure if a new development is
line 15 located in a state responsibility area or in a very high fire hazard
line 16 severity zone, including safe access for emergency response
line 17 vehicles, visible street signs, and water supplies for structural fire
line 18 suppression.
line 19 (iv) Working cooperatively with public agencies with
line 20 responsibility for fire protection.
line 21 (D) If a city or county has adopted a fire safety plan or document
line 22 separate from the general plan, an attachment of, or reference to,
line 23 a city or county’s adopted fire safety plan or document that fulfills
line 24 commensurate goals and objectives and contains information
line 25 required pursuant to this paragraph.
line 26 (4) Upon the next revision of a local hazard mitigation plan,
line 27 adopted in accordance with the federal Disaster Mitigation Act of
line 28 2000 (Public Law 106-390), on or after January 1, 2017, or, if a
line 29 local jurisdiction has not adopted a local hazard mitigation plan,
line 30 beginning on or before January 1, 2022, the safety element shall
line 31 be reviewed and updated as necessary to address climate adaptation
line 32 and resiliency strategies applicable to the city or county. This
line 33 review shall consider advice provided in the Office of Planning
line 34 and Research’s General Plan Guidelines and shall include all of
line 35 the following:
line 36 (A) (i) A vulnerability assessment that identifies the risks that
line 37 climate change poses to the local jurisdiction and the geographic
line 38 areas at risk from climate change impacts, including, but not limited
line 39 to, an assessment of how climate change may affect the risks
line 40 addressed pursuant to paragraphs (2) and (3).
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AB 1889 — 11 —
line 1 (ii) Information that may be available from federal, state,
line 2 regional, and local agencies that will assist in developing the
line 3 vulnerability assessment and the adaptation policies and strategies
line 4 required pursuant to subparagraph (B), including, but not limited
line 5 to, all of the following:
line 6 (I) Information from the internet-based Cal-Adapt tool.
line 7 (II) Information from the most recent version of the California
line 8 Adaptation Planning Guide.
line 9 (III) Information from local agencies on the types of assets,
line 10 resources, and populations that will be sensitive to various climate
line 11 change exposures.
line 12 (IV) Information from local agencies on their current ability to
line 13 deal with the impacts of climate change.
line 14 (V) Historical data on natural events and hazards, including
line 15 locally prepared maps of areas subject to previous risk, areas that
line 16 are vulnerable, and sites that have been repeatedly damaged.
line 17 (VI) Existing and planned development in identified at-risk
line 18 areas, including structures, roads, utilities, and essential public
line 19 facilities.
line 20 (VII) Federal, state, regional, and local agencies with
line 21 responsibility for the protection of public health and safety and
line 22 the environment, including special districts and local offices of
line 23 emergency services.
line 24 (B) A set of adaptation and resilience goals, policies, and
line 25 objectives based on the information specified in subparagraph (A)
line 26 for the protection of the community.
line 27 (C) A set of feasible implementation measures designed to carry
line 28 out the goals, policies, and objectives identified pursuant to
line 29 subparagraph (B), including, but not limited to, all of the following:
line 30 (i) Feasible methods to avoid or minimize climate change
line 31 impacts associated with new uses of land.
line 32 (ii) The location, when feasible, of new essential public facilities
line 33 outside of at-risk areas, including, but not limited to, hospitals and
line 34 health care facilities, emergency shelters, emergency command
line 35 centers, and emergency communications facilities, or identifying
line 36 construction methods or other methods to minimize damage if
line 37 these facilities are located in at-risk areas.
line 38 (iii) The designation of adequate and feasible infrastructure
line 39 located in an at-risk area.
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— 12 — AB 1889
line 1 (iv) Guidelines for working cooperatively with relevant local,
line 2 regional, state, and federal agencies.
line 3 (v) The identification of natural infrastructure that may be used
line 4 in adaptation projects, where feasible. Where feasible, the plan
line 5 shall use existing natural features and ecosystem processes, or the
line 6 restoration of natural features and ecosystem processes, when
line 7 developing alternatives for consideration. For purposes of this
line 8 clause, “natural infrastructure” means using natural ecological
line 9 systems or processes to reduce vulnerability to climate change
line 10 related hazards, or other related climate change effects, while
line 11 increasing the long-term adaptive capacity of coastal and inland
line 12 areas by perpetuating or restoring ecosystem services. This
line 13 includes, but is not limited to, the conservation, preservation, or
line 14 sustainable management of any form of aquatic or terrestrial
line 15 vegetated open space, such as beaches, dunes, tidal marshes, reefs,
line 16 seagrass, parks, rain gardens, and urban tree canopies. It also
line 17 includes systems and practices that use or mimic natural processes,
line 18 such as permeable pavements, bioswales, and other engineered
line 19 systems, such as levees that are combined with restored natural
line 20 systems, to provide clean water, conserve ecosystem values and
line 21 functions, and provide a wide array of benefits to people and
line 22 wildlife.
line 23 (D) (i) If a city or county has adopted the local hazard
line 24 mitigation plan, or other climate adaptation plan or document that
line 25 fulfills commensurate goals and objectives and contains the
line 26 information required pursuant to this paragraph, separate from the
line 27 general plan, an attachment of, or reference to, the local hazard
line 28 mitigation plan or other climate adaptation plan or document.
line 29 (ii) Cities or counties that have an adopted hazard mitigation
line 30 plan, or other climate adaptation plan or document that substantially
line 31 complies with this section, or have substantially equivalent
line 32 provisions to this subdivision in their general plans, may use that
line 33 information in the safety element to comply with this subdivision,
line 34 and shall summarize and incorporate by reference into the safety
line 35 element the other general plan provisions, climate adaptation plan
line 36 or document, specifically showing how each requirement of this
line 37 subdivision has been met.
line 38 (5) Upon the next revision of the housing element on or after
line 39 January 1, 2020, the safety element shall be reviewed and updated
line 40 as necessary to identify residential developments in any hazard
99
AB 1889 — 13 —
line 1 area identified in the safety element that do not have at least two
line 2 emergency evacuation routes.
line 3 (6) After the initial revision of the safety element pursuant to
line 4 paragraphs (2), (3), (4), and (5), the planning agency shall review
line 5 and, if necessary, revise the safety element upon each revision of
line 6 the housing element or local hazard mitigation plan, but not less
line 7 than once every eight years, to identify new information relating
line 8 to flood and fire hazards and climate adaptation and resiliency
line 9 strategies applicable to the city or county that was not available
line 10 during the previous revision of the safety element.
line 11 (7) Cities and counties that have flood plain management
line 12 ordinances that have been approved by FEMA that substantially
line 13 comply with this section, or have substantially equivalent
line 14 provisions to this subdivision in their general plans, may use that
line 15 information in the safety element to comply with this subdivision,
line 16 and shall summarize and incorporate by reference into the safety
line 17 element the other general plan provisions or the flood plain
line 18 ordinance, specifically showing how each requirement of this
line 19 subdivision has been met.
line 20 (8) Before the periodic review of its general plan and before
line 21 preparing or revising its safety element, each city and county shall
line 22 consult the California Geological Survey of the Department of
line 23 Conservation, the Central Valley Flood Protection Board, if the
line 24 city or county is located within the boundaries of the Sacramento
line 25 and San Joaquin Drainage District, as set forth in Section 8501 of
line 26 the Water Code, and the Office of Emergency Services for the
line 27 purpose of including information known by and available to the
line 28 department, the agency, and the board required by this subdivision.
line 29 (9) To the extent that a county’s safety element is sufficiently
line 30 detailed and contains appropriate policies and programs for
line 31 adoption by a city, a city may adopt that portion of the county’s
line 32 safety element that pertains to the city’s planning area in
line 33 satisfaction of the requirement imposed by this subdivision.
line 34 (h) (1) An environmental justice element, or related goals,
line 35 policies, and objectives integrated in other elements, that identifies
line 36 disadvantaged communities within the area covered by the general
line 37 plan of the city, county, or city and county, if the city, county, or
line 38 city and county has a disadvantaged community. The
line 39 environmental justice element, or related environmental justice
99
— 14 — AB 1889
line 1 goals, policies, and objectives integrated in other elements, shall
line 2 do all of the following:
line 3 (A) Identify objectives and policies to reduce the unique or
line 4 compounded health risks in disadvantaged communities by means
line 5 that include, but are not limited to, the reduction of pollution
line 6 exposure, including the improvement of air quality, and the
line 7 promotion of public facilities, food access, safe and sanitary homes,
line 8 and physical activity.
line 9 (B) Identify objectives and policies to promote civic engagement
line 10 in the public decisionmaking process.
line 11 (C) Identify objectives and policies that prioritize improvements
line 12 and programs that address the needs of disadvantaged communities.
line 13 (2) A city, county, or city and county subject to this subdivision
line 14 shall adopt or review the environmental justice element, or the
line 15 environmental justice goals, policies, and objectives in other
line 16 elements, upon the adoption or next revision of two or more
line 17 elements concurrently on or after January 1, 2018.
line 18 (3) By adding this subdivision, the Legislature does not intend
line 19 to require a city, county, or city and county to take any action
line 20 prohibited by the United States Constitution or the California
line 21 Constitution.
line 22 (4) For purposes of this subdivision, the following terms shall
line 23 apply:
line 24 (A) “Disadvantaged communities” means an area identified by
line 25 the California Environmental Protection Agency pursuant to
line 26 Section 39711 of the Health and Safety Code or an area that is a
line 27 low-income area that is disproportionately affected by
line 28 environmental pollution and other hazards that can lead to negative
line 29 health effects, exposure, or environmental degradation.
line 30 (B) “Public facilities” includes public improvements, public
line 31 services, and community amenities, as defined in subdivision (d)
line 32 of Section 66000.
line 33 (C) “Low-income area” means an area with household incomes
line 34 at or below 80 percent of the statewide median income or with
line 35 household incomes at or below the threshold designated as low
line 36 income by the Department of Housing and Community
line 37 Development’s list of state income limits adopted pursuant to
line 38 Section 50093 of the Health and Safety Code.
line 39 (i) (1) A wildlife connectivity element, or related goals, policies,
line 40 and objectives integrated in other elements, that considers the
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AB 1889 — 15 —
line 1 effect of development within the jurisdiction, as described in the
line 2 land use element, on fish, wildlife, and habitat connectivity. The
line 3 wildlife connectivity element shall be designed to avoid, minimize,
line 4 and mitigate impacts and barriers to wildlife movement.
line 5 (2) The wildlife connectivity element shall be developed in
line 6 consultation with the Department of Fish and Wildlife and in
line 7 coordination with other appropriate state and local entities,
line 8 including, but not limited to, Tribes, open space districts, and
line 9 agencies that manage or conserve open space, parklands, or
line 10 wildlife habitat within or adjacent to the jurisdiction.
line 11 (3) The wildlife connectivity element shall do all of the
line 12 following:
line 13 (A) Identify and analyze connectivity areas, permeability, and
line 14 natural landscape areas within the jurisdiction, as those terms are
line 15 defined by Section 158 of the Streets and Highways Code.
line 16 (B) Incorporate and analyze guidelines and standards in
line 17 applicable habitat conservation plans approved pursuant to Section
line 18 1539 of Title 16 of the United States Code, natural community
line 19 conservation plans approved pursuant to Chapter 10 (commencing
line 20 with Section 2800) of Division 3 of the Fish and Game Code, and
line 21 regional conservation investment strategies approved pursuant to
line 22 Chapter 9 (commencing with Section 1850) of Division 2 of the
line 23 Fish and Game Code.
line 24 (C) Incorporate and analyze relevant information from the
line 25 California Essential Habitat Connectivity Project, State Wildlife
line 26 Action Plan, Regional Advance Mitigation Plan, Areas of
line 27 Conservation Emphasis, Restoring California’s Wildlife
line 28 Connectivity 2022, other relevant plans, policies, and ordinances
line 29 adopted by neighboring jurisdictions, and regional wildlife
line 30 connectivity assessments.
line 31 (D) Incorporate and analyze relevant best available science,
line 32 including, but not limited to, peer-reviewed literature, citable
line 33 publicly available datasets, community science, and information
line 34 and reports from government agencies, Tribes, nongovernmental
line 35 organizations, and academic institutions.
line 36 (E) Incorporate standards, policies, and zoning including, but
line 37 not limited to, wildlife-friendly fencing and lighting, buffers from
line 38 sensitive resources, prohibitions on invasive plants, habitat
line 39 connectivity overlay zones, and compact development standards.
99
— 16 — AB 1889
line 1 (F) Incorporate and analyze existing or planned wildlife passage
line 2 features, as defined in Section 158 of the Streets and Highways
line 3 Code, including, but not limited to, wildlife passage features
line 4 included in the inventory of connectivity needs on the state highway
line 5 system, as described in Section 158.1 of the Streets and Highways
line 6 Code, to ensure that planned development does not undermine the
line 7 effectiveness of existing and potential wildlife passage features,
line 8 as defined in Section 158 of the Streets and Highways Code.
line 9 (G) Incorporate and analyze remediation of existing barriers
line 10 to wildlife connectivity, restoration of degraded habitat and open
line 11 space, and rewilding opportunities, as defined in Section 65565.5,
line 12 while furthering the state policy to ensure that all Californians
line 13 have equitable opportunities to safe and affordable access to nature
line 14 and the benefits of nature, as described in Section 1002 of the
line 15 Public Resources Code.
line 16 (4) A wildlife connectivity element shall consider whether
line 17 adoption of ordinances is necessary to fully implement the
line 18 element’s standards, policies, guidelines, and zoning, and shall
line 19 include goals to adopt necessary ordinances.
line 20 (5) A city or county subject to this subdivision shall adopt or
line 21 review the wildlife connectivity element, or the wildlife connectivity
line 22 goals, policies, and objectives in other elements, upon the adoption
line 23 or next revision of one or more elements on or after January 1,
line 24 2025.
line 25 SEC. 3. No reimbursement is required by this act pursuant to
line 26 Section 6 of Article XIIIB of the California Constitution because
line 27 a local agency or school district has the authority to levy service
line 28 charges, fees, or assessments sufficient to pay for the program or
line 29 level of service mandated by this act, within the meaning of Section
line 30 17556 of the Government Code.
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99
AB 1889 — 17 —
california legislature—2023–24 regular session
ASSEMBLY BILL No. 1999
Introduced by Assembly Members Irwin, Addis, Berman, Connolly,
Muratsuchi, Papan, Pellerin, Quirk-Silva, Ting, Ward, and
Weber
(Principal coauthor: Assembly Member Bauer-Kahan)
(Principal coauthor: Senator Wiener)
(Coauthors: Assembly Members Boerner, Bonta, Friedman, Lee,
Low, and Maienschein)
(Coauthor: Senator Blakespear)
January 30, 2024
An act to amend Section 739.9 of the Public Utilities Code, relating
to electricity.
legislative counsel’s digest
AB 1999, as introduced, Irwin. Electricity: fixed charges.
Existing law vests the Public Utilities Commission with regulatory
authority over public utilities, including electrical corporations. Existing
law authorizes the commission to adopt new, or expand existing, fixed
charges, as defined, for the purpose of collecting a reasonable portion
of the fixed costs of providing electrical service to residential customers.
Under existing law, the commission may authorize fixed charges for
any rate schedule applicable to a residential customer account. Existing
law requires the commission, no later than July 1, 2024, to authorize a
fixed charge for default residential rates. Existing law requires these
fixed charges to be established on an income-graduated basis, with no
fewer than 3 income thresholds, so that low-income ratepayers in each
baseline territory would realize a lower average monthly bill without
making any changes in usage.
Corrected 1-31-24—See last page.99
This bill would repeal the provisions described in the preceding
paragraph. The bill would instead permit the commission to authorize
fixed charges that, as of January 1, 2015, do not exceed $5 per residential
customer account per month for low-income customers enrolled in the
California Alternate Rates for Energy (CARE) program and that do not
exceed $10 per residential customer account per month for customers
not enrolled in the CARE program. The bill would authorize these
maximum allowable fixed charges to be adjusted by no more than the
annual percentage increase in the Consumer Price Index for the prior
calendar year, beginning January 1, 2016.
Under existing law, a violation of the Public Utilities Act or any order,
decision, rule, direction, demand, or requirement of the commission is
a crime.
Because certain provisions of this bill would be a part of the act and
therefore a violation of the bill’s requirements or of a commission action
implementing its requirements would be a crime, the bill would impose
a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 739.9 of the Public Utilities Code is
line 2 amended to read:
line 3 739.9. (a) “Fixed charge” means any fixed customer charge,
line 4 basic service fee, demand differentiated basic service fee, demand
line 5 charge, or other charge not based on the volume of electricity
line 6 consumed.
line 7 (b) Increases to electrical rates and charges in rate design
line 8 proceedings, including any reduction in the California Alternate
line 9 Rates for Energy (CARE) program discount, shall be reasonable
line 10 and subject to a reasonable phase-in schedule relative to the rates
line 11 and charges in effect before January 1, 2014.
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— 2 — AB 1999
line 1 (c) Consistent with the requirements of Section 739, the
line 2 commission may modify the seasonal definitions and applicable
line 3 percentage of average consumption for one or more climatic zones.
line 4 (d) The commission may adopt new, or expand existing, fixed
line 5 charges for the purpose of collecting a reasonable portion of the
line 6 fixed costs of providing electrical service to residential customers.
line 7 The commission shall ensure that any approved charges do all of
line 8 the following:
line 9 (1) Reasonably reflect an appropriate portion of the different
line 10 costs of serving small and large customers.
line 11 (2) Not unreasonably impair incentives for conservation, energy
line 12 efficiency, and beneficial electrification and greenhouse gas
line 13 emissions reduction.
line 14 (3) Are set at levels that do not overburden low-income
line 15 customers.
line 16 (e) (1) For the purposes of this section and Section 739.1, the
line 17 commission may authorize fixed charges for any rate schedule
line 18 applicable to a residential customer account. The fixed charge shall
line 19 be established on an income-graduated basis with no fewer than
line 20 three income thresholds so that a low-income ratepayer in each
line 21 baseline territory would realize a lower average monthly bill
line 22 without making any changes in usage. The commission shall, no
line 23 later than July 1, 2024, authorize a fixed charge for default
line 24 residential rates.
line 25 (2) For purposes of this subdivision, “income-graduated” means
line 26 that low-income customers pay a smaller fixed charge than
line 27 high-income customers.
line 28 (e) For purposes of this section and Section 739.1, the
line 29 commission may, beginning January 1, 2015, authorize fixed
line 30 charges that do not exceed ten dollars ($10) per residential
line 31 customer account per month for customers not enrolled in the
line 32 CARE program and five dollars ($5) per residential customer
line 33 account per month for customers enrolled in the CARE program.
line 34 Beginning January 1, 2016, the maximum allowable fixed charge
line 35 may be adjusted by no more than the annual percentage increase
line 36 in the Consumer Price Index for the prior calendar year. This
line 37 subdivision applies to any default rate schedule, at least one
line 38 optional tiered rate schedule, and at least one optional time-variant
line 39 rate schedule.
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AB 1999 — 3 —
line 1 (f) Notwithstanding the requirements of subdivision (d) of
line 2 Section 739 and Section 739.7, the commission shall not apply
line 3 the composite tier method to the treatment of any revenues resulting
line 4 from any fixed charge adopted pursuant to this section.
line 5 SEC. 2. No reimbursement is required by this act pursuant to
line 6 Section 6 of Article XIIIB of the California Constitution because
line 7 the only costs that may be incurred by a local agency or school
line 8 district will be incurred because this act creates a new crime or
line 9 infraction, eliminates a crime or infraction, or changes the penalty
line 10 for a crime or infraction, within the meaning of Section 17556 of
line 11 the Government Code, or changes the definition of a crime within
line 12 the meaning of Section 6 of Article XIII B of the California
line 13 Constitution.
line 14
line 15
CORRECTIONS: line 16
Heading—Lines 4 and 7. line 17
line 18
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99
— 4 — AB 1999
california legislature—2023–24 regular session
ASSEMBLY BILL No. 2021
Introduced by Assembly Member Bauer-Kahan
January 31, 2024
An act to amend Section 308 of the Penal Code, relating to crimes.
legislative counsel’s digest
AB 2021, as introduced, Bauer-Kahan. Crimes: selling or furnishing
tobacco or related products and paraphernalia to underage persons.
Existing law prohibits the sale or furnishing of tobacco or tobacco
products or paraphernalia, as specified, to a person who is under 21
years of age. Under existing law, a violation of this prohibition is
punishable by a fine of $200 for the first offense, $500 for the 2nd
offense, and $1,000 for the 3rd offense, either as a misdemeanor or by
a civil action, as specified.
This bill would increase these fines to $1,000 for the first offense,
$5,000 for the 2nd offense, and $10,000 for the 3rd offense.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 308 of the Penal Code is amended to
line 2 read:
line 3 308. (a) (1) (A) (i) Every person, firm, or corporation that
line 4 knowingly or under circumstances in which it has knowledge, or
line 5 should otherwise have grounds for knowledge, sells, gives, or in
line 6 any way furnishes to another person who is under 21 years of age
line 7 any tobacco, cigarette, or cigarette papers, or blunt wraps, or any
99
line 1 other preparation of tobacco, or any other instrument or
line 2 paraphernalia that is designed for the smoking or ingestion of
line 3 tobacco, tobacco products, or any controlled substance, is subject
line 4 to either a criminal action for a misdemeanor or a civil action
line 5 brought by a city attorney, a county counsel, or a district attorney,
line 6 punishable by a fine of two hundred dollars ($200) one thousand
line 7 dollars ($1,000) for the first offense, five hundred dollars ($500)
line 8 thousand dollars ($5,000) for the second offense, and one ten
line 9 thousand dollars ($1,000) ($10,000) for the third offense.
line 10 (ii) This subparagraph does not apply to the sale, giving, or
line 11 furnishing of any of the products specified in clause (i) to active
line 12 duty military personnel who are 18 years of age or older. An
line 13 identification card issued by the United States Armed Forces shall
line 14 be used as proof of age for this purpose.
line 15 (B) Notwithstanding Section 1464 or any other law, 25 percent
line 16 of each civil and criminal penalty collected pursuant to this
line 17 subdivision shall be paid to the office of the city attorney, county
line 18 counsel, or district attorney, whoever is responsible for bringing
line 19 the successful action.
line 20 (C) Proof that a defendant, or his or her employee or agent,
line 21 demanded, was shown, and reasonably relied upon evidence of
line 22 majority shall be defense to any action brought pursuant to this
line 23 subdivision. Evidence of majority of a person is a facsimile of, or
line 24 a reasonable likeness of, a document issued by a federal, state,
line 25 county, or municipal government, or subdivision or agency thereof,
line 26 including, but not limited to, a motor vehicle operator’s license, a
line 27 registration certificate issued under the federal Military Selective
line 28 Service Act (50 U.S.C. Sec. 3801 et seq.), or an identification card
line 29 issued to a member of the Armed Forces.
line 30 (D) For purposes of this section, the person liable for selling or
line 31 furnishing tobacco products to persons under 21 years of age by
line 32 a tobacco vending machine shall be the person authorizing the
line 33 installation or placement of the tobacco vending machine upon
line 34 premises he or she manages or otherwise controls and under
line 35 circumstances in which he or she has knowledge, or should
line 36 otherwise have grounds for knowledge, that the tobacco vending
line 37 machine will be utilized by persons under 21 years of age.
line 38 (2) For purposes of this section, “blunt wraps” means cigar
line 39 papers or cigar wrappers of all types that are designed for smoking
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line 1 or ingestion of tobacco products and contain less than 50 percent
line 2 tobacco.
line 3 (b) Every person, firm, or corporation that sells, or deals in
line 4 tobacco or any preparation thereof, shall post conspicuously and
line 5 keep so posted in his, her, or their place of business at each point
line 6 of purchase the notice required pursuant to subdivision (b) of
line 7 Section 22952 of the Business and Professions Code, and any
line 8 person failing to do so shall, upon conviction, be punished by a
line 9 fine of fifty dollars ($50) for the first offense, one hundred dollars
line 10 ($100) for the second offense, two hundred fifty dollars ($250) for
line 11 the third offense, and five hundred dollars ($500) for the fourth
line 12 offense and each subsequent violation of this provision, or by
line 13 imprisonment in a county jail not exceeding 30 days.
line 14 (c) For purposes of determining the liability of persons, firms,
line 15 or corporations controlling franchises or business operations in
line 16 multiple locations for the second and subsequent violations of this
line 17 section, each individual franchise or business location shall be
line 18 deemed a separate entity.
line 19 (d) It is the Legislature’s intent to regulate the subject matter
line 20 of this section. As a result, a city, county, or city and county shall
line 21 not adopt any ordinance or regulation inconsistent with this section.
line 22 (e) For purposes of this section, “smoking” has the same
line 23 meaning as in subdivision (c) of Section 22950.5 of the Business
line 24 and Professions Code.
line 25 (f) For purposes of this section, “tobacco products” means a
line 26 product or device as defined in subdivision (d) of Section 22950.5
line 27 of the Business and Professions Code.
O
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AB 2021 — 3 —
AMENDED IN SENATE JANUARY 22, 2024
AMENDED IN SENATE MARCH 13, 2023
AMENDED IN SENATE FEBRUARY 15, 2023
SENATE BILL No. 37
Introduced by Senator Caballero
(Coauthor: Senator Smallwood-Cuevas)
(Coauthor: Assembly Member Wicks)
December 5, 2022
An act to add Part 4.6 (commencing with Section 19905) to Division
13 of the Health and Safety Code, relating to homelessness.
legislative counsel’s digest
SB 37, as amended, Caballero. Older Adults and Adults with
Disabilities Housing Stability Act.
Existing law establishes various programs to address homelessness,
including requiring the Governor to create an Interagency Council on
Homelessness and establishing the Homeless Emergency Aid program
for the purpose of providing localities with one-time grant funds to
address their immediate homelessness challenges, as specified. Existing
law commits to the Department of Housing and Community
Development the administration of various housing assistance programs,
including provisions relating to residential hotel rehabilitation and tasks
the department, in consultation with each council of governments, with
the determination of each region’s existing and projected housing need.
This bill would, upon an appropriation by the Legislature for this
express purpose, require the Department of Housing and Community
Development, commencing January 1, 2024, 2025, to begin developing
the Older Adults and Adults with Disabilities Housing Stability Pilot
96
Program. The bill would require the department, in administering the
program, to offer competitive grants to nonprofit community-based
organizations, continuums of care, public housing authorities, and area
agencies on aging, as specified, to administer a housing subsidy program
for older adults and adults with disabilities who are experiencing
homelessness or at risk of homelessness, as defined. defined, in up to
5 geographic regions or counties.
This bill would require the department, in establishing the program
guidelines, to prioritize communities in which a higher proportion of
older adult renters face severe rental cost burden than the state average.
The bill would create the Older Adults and Adults with Disabilities
Housing Stability Fund from which funds would be allocated by the
department to eligible recipients though December 31, 2028, selected
recipients for a 3-year period for these purposes.
This bill would require an award recipient to use grant funds for
specified activities, including housing subsidies up to the amount of
reasonable rent the rent cap, as defined, until the participant is able to
access a longer-term subsidy, no longer requires the housing subsidy,
or the specified expenditure period expires and relocation costs if a
landlord decides not to continue participating in the program or evicts
a tenant, as specified. The bill would authorize a grantee to utilize up
to 15% of its allocation for landlord recruitment and tenancy acquisition
services, landlord incentives, and housing navigation and tenancy
transition services, as defined.
This bill would require the department to conduct specified oversight
activities, including imposing reporting requirements on award recipients
and contracting with an independent evaluator to conduct an interim
evaluation of program outcomes and a final report. The bill would
require the department to submit those reports and submit that report
to the Legislature, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Part 4.6 (commencing with Section 19905) is
line 2 added to Division 13 of the Health and Safety Code, to read:
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line 1 PART 4.6. OLDER ADULTS AND ADULTS WITH
line 2 DISABILITIES HOUSING STABILITY ACT
line 3
line 4 19905. This part shall be known, and may be cited, as the Older
line 5 Adults and Adults with Disabilities Housing Stability Act.
line 6 19905.2. The Legislature finds and declares all of the following:
line 7 (a) Californians who are older or experience disabilities, many
line 8 of whom live on fixed incomes, face increasing rental cost burdens,
line 9 with roughly 8 out of 10 extremely low income older renters paying
line 10 more than one-half of their monthly income on rent. Fair market
line 11 rents in California for an efficiency apartment range from six
line 12 hundred twenty-nine dollars ($629) to two thousand two hundred
line 13 twenty-three dollars ($2,223) per month, far more than an older
line 14 adult or adult with a disability on a fixed income can afford,
line 15 particularly when the maximum Supplemental Security Income
line 16 (SSI) payment for an individual in 2023 is one thousand one
line 17 hundred thirty-three dollars ($1,133) per month. The SSI payment
line 18 in 2019 covered only 40 percent of the basic cost of living for a
line 19 senior living alone. In the County of Los Angeles, the SSI
line 20 individual payment level has not been enough to afford an
line 21 apartment since 2008.
line 22 (b) The state has also estimated that over 11,000 people living
line 23 in nursing facilities could be discharged to the community if they
line 24 had an affordable place to live.
line 25 (c) Older adults are at the epicenter of California’s housing
line 26 affordability and homelessness crisis, with over 40,000 people 55
line 27 years of age or older experiencing homelessness. In the four-year
line 28 period from 2017 to 2021, the number of older Californians, 65
line 29 years of age or older, accessing homeless services has increased
line 30 by 138 percent. The California Master Plan for Aging has a key
line 31 goal of preventing and ending older adult homelessness.
line 32 (d) Housing subsidies are highly effective in both preventing
line 33 and reducing homelessness. Studies show that low-income renters
line 34 accessing “shallow” housing subsidies of two hundred dollars
line 35 ($200) to five hundred dollars ($500) per month are able to remain
line 36 stably housed. Moreover, people experiencing homelessness are
line 37 able to move into permanent housing quickly, and remain stably
line 38 housed, with a housing subsidy and the right services and
line 39 interventions.
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SB 37 — 3 —
line 1 (e) The housing stabilization program could prevent and end
line 2 homelessness for thousands of older adults and adults with
line 3 disabilities.
line 4 19905.4. For purposes of this part, the following definitions
line 5 apply:
line 6 (a) “Adult with a disability” means an individual or head of
line 7 household who is 18 years of age or older and is experiencing a
line 8 condition that limits a major life activity, including, but not limited
line 9 to, the following:
line 10 (1) A “physical disability,” as defined in subdivision (m) of
line 11 Section 12926 of the Government Code.
line 12 (2) A “mental disability,” as defined in subdivision (j) of Section
line 13 12926 of the Government Code, except it shall also include a
line 14 substance use condition.
line 15 (3) A “medical condition,” as defined in subdivision (i) of
line 16 Section 12926 of the Government Code.
line 17 (4) A “developmental disability,” as defined in subdivision (a)
line 18 of Section 4512 of the Welfare and Institutions Code.
line 19 (5) A chronic illness, including, but not limited to, HIV.
line 20 (6) A traumatic brain injury.
line 21 (b) “Affordable housing” means multifamily rental housing
line 22 receiving a public subsidy that allows eligible populations
line 23 occupying that housing to pay no more than 30 percent of their
line 24 household income on rent.
line 25 (c) “Area agency on aging” has the same meaning as set forth
line 26 in Section 9006 of the Welfare and Institutions Code.
line 27 (d) “Area median income” has the same meaning as set forth
line 28 in Section 50093.
line 29 (e) “At risk of homelessness” means a household that meets all
line 30 of the following criteria:
line 31 (1) The household has an income that is not greater than 20
line 32 percent of the area’s median income, as determined using the
line 33 Department of Housing and Community Development’s area
line 34 median income annual standards.
line 35 (2) The household is severely rent burdened, as defined in
line 36 subdivision (v), or is otherwise moving frequently without any
line 37 leaseholder agreement because of an inability to afford rent.
line 38 (3) The household meets one or more of the following risk
line 39 factors:
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line 1 (A) The household is living in a census tract with rates higher
line 2 than the state’s mean rate of poverty, displacement, gentrification,
line 3 or homelessness.
line 4 (B) The household has experienced one or more previous
line 5 incidents of homelessness.
line 6 (C) The household receives services from multiple county or
line 7 other public or publicly funded agencies.
line 8 (D) The household is exiting an institution or would be able to
line 9 exit with affordable housing, including, but not limited to, people
line 10 living in a skilled nursing facility or other residential care facility,
line 11 but could live independently with rental subsidies and appropriate
line 12 services or supports.
line 13 (E) The household is staying with family or friends, but has
line 14 been told by the leaseholder to vacate.
line 15 (F) The household recently experienced a death of a family
line 16 member or separation or divorce from an adult partner.
line 17 (f) “Continuum of care” has the same meaning as defined by
line 18 the United States Department of Housing and Urban Development
line 19 pursuant to Section 578.3 of Title 24 of the Code of Federal
line 20 Regulations.
line 21 (g) “Department” means the Department of Housing and
line 22 Community Development.
line 23 (h) “Eligible population” means an older adult or an adult with
line 24 a disability whose household meets either of the following criteria:
line 25 (1) The household is experiencing homelessness.
line 26 (2) The household is at risk of homelessness.
line 27 (i) “Experiencing homelessness” has the same meaning as
line 28 “homeless” and “homelessness,” as those terms are each defined
line 29 in Section 578.3 of Title 24 of the Code of Federal Regulations,
line 30 as that section read on January 1, 2022, except that people who
line 31 were homeless upon admission to an institutional setting shall
line 32 continue to be considered homeless upon discharge, regardless of
line 33 the length of time spent residing in the institutional setting.
line 34 (j) “Fair market rent” means the rent, including the cost of
line 35 utilities, as established by the United States Department of Housing
line 36 and Urban Development pursuant to Parts 888 and 982 of Title
line 37 24 of the Code of Federal Regulations, as those parts read on
line 38 January 1, 2022, for units by number of bedrooms, that must be
line 39 paid in the market area to rent privately owned, existing, decent,
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SB 37 — 5 —
line 1 safe, and sanitary rental housing of nonluxury nature with suitable
line 2 amenities.
line 3 (j)
line 4 (k) “Holding fees” and “vacancy costs” mean payment to
line 5 private-market landlords as incentives to hold a housing unit as
line 6 available to an eligible program participant while the participant
line 7 or landlord is waiting for approval to rent the housing unit.
line 8 (k)
line 9 (l) “Housing Choice Voucher” means the program described in
line 10 subsection (o) of Section 1437f of Title 42 of the United States
line 11 Code.
line 12 (l)
line 13 (m) “Housing first” means adhering to the core components
line 14 described in subdivision (b) of Section 8255 of the Welfare and
line 15 Institutions Code.
line 16 (m)
line 17 (n) “Homeless Management Information System” means the
line 18 information system designated by a continuum of care to comply
line 19 with federal reporting requirements as defined in Section 578.3 of
line 20 Title 24 of the Code of Federal Regulations. The term “Homeless
line 21 Management Information System” also includes the use of a
line 22 comparable database by a victim provider or legal services provider
line 23 that is permitted by the federal government under Part 576 of Title
line 24 24 of the Code of Federal Regulations.
line 25 (n)
line 26 (o) “Housing navigation” means services that assist program
line 27 participants with locating permanent housing with private-market
line 28 landlords or property managers who are willing to accept rental
line 29 assistance or operating subsidies for the program participants to
line 30 assist those program participants in doing any of the following:
line 31 (1) Obtaining local, state, or federal assistance or subsidies.
line 32 (2) Completing housing applications for permanent housing or
line 33 housing subsidies.
line 34 (3) Move-in assistance, if applicable.
line 35 (4) Obtaining documentation needed to access permanent
line 36 housing and rental assistance or subsidies.
line 37 (o)
line 38 (p) “Housing subsidy” means a tenant-based rental subsidy
line 39 provided to a tenant, landlord, or property manager to assist a
line 40 tenant in paying the difference between 30 what the tenant can
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line 1 pay as a percent of the tenant’s household income and the
line 2 reasonable rent for the unit.
line 3 (p)
line 4 (q) “Master lease” means a single lease that covers multiple
line 5 properties leased from a landlord or property manager to a recipient
line 6 or subrecipient that the recipient or subrecipient sublets to program
line 7 participants. The single lease shall comply with all applicable
line 8 provisions of this part and shall be subject to the rights and
line 9 responsibilities of tenancy under the laws of this state.
line 10 (q)
line 11 (r) “Older adult” means an individual or head of household who
line 12 is 50 years of age or older.
line 13 (r)
line 14 (s) “Permanent housing” means a structure or set of structures
line 15 with no limit on length of stay, even if accompanied by a
line 16 time-limited rental subsidy, that is subject to applicable
line 17 landlord-tenant law and has no requirement to participate in
line 18 supportive services as a condition of access to or continued
line 19 occupancy in the housing.
line 20 (s)
line 21 (t) “Program” means the Older Adults and Adults with
line 22 Disabilities Housing Stability Pilot Program established pursuant
line 23 to this part.
line 24 (t)
line 25 (u) “Public housing authority” means the same as “public
line 26 housing agency,” as defined in Section 5.100 of Title 24 of the
line 27 Code of Federal Regulations.
line 28 (u) “Reasonable rent” means an amount of rental payments that
line 29 does not exceed 120 percent of the fair market rent and is consistent
line 30 with the market rent in the community in which the affordable
line 31 housing is located. For purposes of this subdivision, “fair market
line 32 rent” means the rent, including the cost of utilities, as established
line 33 by the United States Department of Housing and Urban
line 34 Development pursuant to Parts 888 and 982 of Title 24 of the Code
line 35 of Federal Regulations, as those parts read on January 1, 2022, for
line 36 units by number of bedrooms, that must be paid in the market area
line 37 to rent privately owned, existing, decent, safe, and sanitary rental
line 38 housing of nonluxury nature with suitable amenities.
line 39 (v) “Rent cap” means the maximum rent subsidy paid towards
line 40 participants’ rent. The individual rent cap is the lesser of the
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SB 37 — 7 —
line 1 maximum rent subsidy for that county as established by the
line 2 department pursuant to subdivision (c) of Section 19905.6 or the
line 3 dollar amount needed to reduce tenant rent and utilities to 30
line 4 percent of their gross income.
line 5 (v)
line 6 (w) “Severely rent burdened” means a condition in which a
line 7 household pays more than 50 percent of their total household
line 8 income for rent and utilities.
line 9 (w)
line 10 (x) “Tenancy acquisition services” means services provided by
line 11 staff dedicated to engaging property owners to rent housing units
line 12 to the eligible population through a housing subsidy.
line 13 (x)
line 14 (y) “Tenancy sustaining services” means any of the following:
line 15 (1) Early identification and intervention of behaviors that may
line 16 jeopardize housing security.
line 17 (2) Education and training on the rights and responsibilities of
line 18 the tenant and the landlord.
line 19 (3) Coaching on developing and maintaining key relationships
line 20 with landlords and property managers.
line 21 (4) Assistance in resolving disputes with landlords and neighbors
line 22 to reduce the risk of eviction.
line 23 (5) Advocacy and linkage with community resources to prevent
line 24 eviction when housing may become jeopardized.
line 25 (6) Care coordination and advocacy with health care
line 26 professionals.
line 27 (7) Assistance with a housing recertification process.
line 28 (8) Coordinating with the tenant to review and update a housing
line 29 support and crisis plan.
line 30 (9) Training in being a good tenant and lease compliance.
line 31 (10) Benefits advocacy.
line 32 (11) Employment services.
line 33 (12) Services connecting individuals to education.
line 34 (13) Any other service that supports individuals and families to
line 35 promote housing stability, foster community integration and
line 36 inclusion, and develop natural support networks, and that are
line 37 offered through a trauma-informed, culturally competent approach.
line 38 (y)
line 39 (z) “Tenancy transition services” means using evidence-based
line 40 service models to provide any of the following:
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line 1 (1) Screening and assessing the tenant’s preferences and barriers
line 2 to successful tenancy.
line 3 (2) Developing an individualized housing support plan that
line 4 includes motivational interviewing and goal setting.
line 5 (3) Assistance with the housing application and search process.
line 6 (4) Identifying resources to cover expenses for one-time costs
line 7 associated with move-in, including first month’s rent and security
line 8 deposits, home modification, utility connection, and furniture costs.
line 9 (5) Ensuring that the living environment is safe and ready for
line 10 move-in.
line 11 (6) Assisting and arranging for the details of the move.
line 12 (7) Developing a housing supports crisis plan that includes
line 13 prevention and early intervention when housing is jeopardized.
line 14 (8) Engagement services.
line 15 (9) Any other evidence-based services that an individual tenant
line 16 may require to move into permanent housing.
line 17 19905.6. (a) (1) Upon appropriation by the Legislature
line 18 pursuant to Section 19905.14, the department shall, commencing
line 19 January 1, 2024, 2025, begin developing the Older Adults and
line 20 Adults with Disabilities Housing Stability Pilot Program. In
line 21 administering the program, the department shall offer competitive
line 22 grants, as described in paragraph (2) of subdivision (b), to
line 23 administer a housing subsidy program for the eligible population.
line 24 population in up to five geographic regions or counties.
line 25 (2) The Older Adults and Adults with Disabilities Housing
line 26 Stability Fund is hereby established within the State Treasury.
line 27 Upon appropriation by the Legislature, the department shall
line 28 allocate program funds to eligible selected recipients through
line 29 December 31, 2028, for a three-year period, in accordance with
line 30 this part. The department shall select recipients based on the
line 31 proportion of people 50 years of age and over experiencing housing
line 32 cost burden in the jurisdictions the applicant intends to serve.
line 33 (3) The department may use up to 5 percent of program funds
line 34 to administer and oversee the program.
line 35 (4) The department shall ensure that at least 30 percent of overall
line 36 program funding shall be awarded to grantees that serve people
line 37 experiencing homelessness among their populations served and
line 38 have experience and competency in serving people experiencing
line 39 homelessness, as determined by the department.
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SB 37 — 9 —
line 1 (b) In developing the guidelines and competitive application
line 2 for the program, the department shall do all of the following:
line 3 (1) Prioritize communities in which a higher proportion of older
line 4 adult renters face severe rental cost burden than the state average.
line 5 In awarding grants, the department may issue grants to select
line 6 counties, if the department ensures shall ensure geographic
line 7 diversity in awards. awards and select at least one rural county.
line 8 (2) Award funding on a competitive basis to any of the following
line 9 types of recipients, or a combination of partnering recipients:
line 10 (A) Nonprofit community-based organizations.
line 11 (B) Continuums of care.
line 12 (C) Public housing authorities.
line 13 (D) Area agencies on aging.
line 14 (3) Prioritize grant awards to applicants that demonstrate all of
line 15 the following:
line 16 (A) Cultural sensitivity and specificity in serving eligible
line 17 populations in an equitable manner.
line 18 (B) Capacity to administer grant funds expeditiously.
line 19 (C) Expertise and experience administering Housing First
line 20 housing subsidy programs.
line 21 (D) Expertise and experience providing tenancy acquisition,
line 22 housing navigation, and tenancy transition services.
line 23 (E) Ability to use cross-sector partnerships with local agencies,
line 24 including aging service providers, aging disability resource centers,
line 25 and homeless continuums of care to achieve the ability to help
line 26 eligible populations access available housing opportunities and
line 27 needed services by doing all of the following, as needed by each
line 28 participant:
line 29 (i) Linking people to tenancy sustaining services.
line 30 (ii) Assisting people in navigating local coordinated entry
line 31 systems.
line 32 (iii) Providing a “no wrong door” approach through cross-sector
line 33 partnerships.
line 34 (c) (1) Grant recipients shall use grant funds for housing
line 35 subsidies up to the amount of reasonable rent rent cap for a unit
line 36 that is master leased, private-market rentals within individual units,
line 37 or for affordable or supportive housing projects that need operating
line 38 support, until the participant is able to access a longer-term subsidy,
line 39 no longer requires the housing subsidy, or the expenditure period
96
— 10 — SB 37
line 1 expires pursuant to subdivision (f). Subsidies provided pursuant
line 2 to this paragraph include either or both of the following:
line 3 (1)
line 4 (A) Subsidies for households at risk of homelessness to remain
line 5 stably housed in their current housing or to relocate to a housing
line 6 unit that is more affordable or appropriate to the household.
line 7 (2)
line 8 (B) Subsidies for households experiencing homelessness to
line 9 access housing units.
line 10 (2) For purposes of determining the rent cap, the department
line 11 shall establish three levels of caps, one for lower-cost,
line 12 medium-cost, and high-cost counties based on fair market rents
line 13 in the jurisdictions the selected recipients will serve.
line 14 (d) A grant recipient may use grant funding for the following
line 15 additional costs:
line 16 (1) Relocation costs if a landlord decides not to continue
line 17 participating in the program, evicts a tenant, or refuses to accept
line 18 a Housing Choice Voucher.
line 19 (2) Up to a total of 15 percent of a grantee’s allocation for all
line 20 of the following:
line 21 (A) Landlord recruitment and tenancy acquisition services.
line 22 (B) Landlord incentives, including, but not limited to, holding
line 23 or vacancy fees, security deposits, and repair and improvement
line 24 costs to meet housing quality standards required by the United
line 25 States Department of Housing and Urban Development for Housing
line 26 Choice Vouchers.
line 27 (C) Housing navigation and tenancy transition services.
line 28 (D) Any other grantee administrative costs.
line 29 (e) Each award recipient shall, as a condition of receiving state
line 30 funds, report data into the Homeless Management Information
line 31 System and enter data elements into the Homeless Management
line 32 Information System pursuant to subdivision (d) of Section 8256
line 33 of the Welfare and Institutions Code.
line 34 (f) The department shall enter into a standard agreement with
line 35 each award recipient. Recipients shall obligate all funding received
line 36 within four three years of signing the standard agreement, and
line 37 shall expend all funding within six five years of signing the
line 38 standard agreement.
line 39 (g) An award recipient that is not a continuum of care shall
line 40 collaborate with a continuum of care operating in the geographic
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SB 37 — 11 —
line 1 area in which the recipient is serving participants, both in planning
line 2 for the use of funds and in allocation of funding, to ensure that the
line 3 program is consistent and coordinated with local homeless
line 4 response.
line 5 19905.8. In all designated geographic regions in which the
line 6 department has awarded grants, the department shall establish
line 7 partnerships with one or more public housing authorities to achieve
line 8 both of the following:
line 9 (a) Create a plan for program participants to transition into a
line 10 federally subsidized voucher or project-based housing subsidy
line 11 program.
line 12 (b) Work with award recipients and recruited landlords to ensure
line 13 recruited landlords meet the requirements of the Housing Choice
line 14 Voucher Program.
line 15 19905.10. The department shall conduct oversight of the
line 16 program that includes, but is not limited to, all of the following
line 17 activities:
line 18 (a) Requiring award recipients to report regularly on all of the
line 19 following:
line 20 (1) The number and demographics, including age, race or
line 21 ethnicity, and presubsidy housing status, of people being served,
line 22 as compared to the number of demographics of people experiencing
line 23 homelessness in the community.
line 24 (2) Housing retention rates of program participants one year,
line 25 and if data is available, two years, following the commencement
line 26 of assistance.
line 27 (3) The number and demographics of participants accessing
line 28 Housing Choice Vouchers or other federally subsidized housing
line 29 and the length of time each participant receives the program’s
line 30 housing subsidies before accessing housing subsidies.
line 31 (4) Tenant satisfaction survey results, to include questions
line 32 regarding the tenant’s choice in where to live.
line 33 (5) Monitoring to ensure that apartments meet the state’s
line 34 habitability and safety standards while award recipients work with
line 35 landlords to meet housing quality standards.
line 36 (6) The number of participants admitted to a licensed care or
line 37 nursing facility, and the number of participants who were able to
line 38 leave a licensed care or nursing facility as a result of the program.
line 39 (7) Activities to coordinate and collaborate with continuums of
line 40 care and other local agencies.
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line 1 (b) Requiring award recipients to establish a grievance process
line 2 with adequate procedures for contesting denial or termination of
line 3 subsidies for potential participants who did not receive subsidies
line 4 for reasons other than lack of funding.
line 5 (c) Contracting for an evaluation that includes an assessment
line 6 of all both of the following:
line 7 (1) Where people were living when they received subsidies.
line 8 (2) Outcomes of the participants, including the number of
line 9 participants who transition to Housing Choice Vouchers or other
line 10 federal subsidies.
line 11 (3) Populations most impacted by the program.
line 12 (d) Assessing whether the program is advancing equitable
line 13 outcomes, and revising policies to course-correct.
line 14 (e) (1) Contracting with an independent evaluator to conduct
line 15 an interim evaluation of program outcomes and a final report within
line 16 12 months of the conclusion of the fourth year of the program.
line 17 outcomes. The department shall submit both reports a report on
line 18 this evaluation to all of the following:
line 19 (A) The Assembly Committee on Budget.
line 20 (B) The Assembly Committee on Aging and Long-Term Care.
line 21 (C) The Assembly Committee on Housing and Community
line 22 Development.
line 23 (D) The Senate Committee on Budget and Fiscal Review.
line 24 (E) The Senate Committee on Housing.
line 25 (F) The Senate Committee on Human Services.
line 26 (2) The requirement for submitting a report imposed pursuant
line 27 to this subdivision is inoperative on January 1, 2034, pursuant to
line 28 Section 10231.5 of the Government Code.
line 29 19905.12. Notwithstanding any other law, and to the extent
line 30 allowable under federal law, assistance, services, or supports
line 31 received pursuant to this part are not income of the participant for
line 32 purposes of determining eligibility for, or benefits pursuant to, any
line 33 public assistance program. Participation in other benefits or housing
line 34 or housing-based services programs shall not disqualify an
line 35 individual or household from being a participant for purposes of
line 36 housing or services funded pursuant to this part.
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SB 37 — 13 —
line 1 19905.14. This part shall become operative only upon
line 2 appropriation by the Legislature of sufficient funds for the purposes
line 3 of the program.
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96
— 14 — SB 37
AMENDED IN SENATE JANUARY 12, 2024
AMENDED IN SENATE JANUARY 3, 2024
SENATE BILL No. 402
Introduced by Senator Wahab
February 9, 2023
An act to amend Section 5150 of the Welfare and Institutions Code,
relating to mental health.
legislative counsel’s digest
SB 402, as amended, Wahab. Involuntary commitment.
Existing law, the Lanterman-Petris-Short Act, authorizes the
involuntary commitment and treatment of persons with specified mental
disorders. Under the act, when a person, as a result of a mental health
disorder, is a danger to self or others, or gravely disabled, the person
may, upon probable cause, be taken into custody by specified
individuals, including, among others, by peace officers and designated
members of a mobile crisis team, and placed in a facility designated by
the county and approved by the State Department of Health Care
Services for up to 72 hours for evaluation and treatment.
This bill would additionally authorize a person to be taken into
custody, pursuant to those provisions, by a licensed mental health
professional, as defined.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 5150 of the Welfare and Institutions Code
line 2 is amended to read:
97
line 1 5150. (a) (1) When a person, as a result of a mental health
line 2 disorder, is a danger to others or to themselves, or is gravely
line 3 disabled, a peace officer, licensed mental health professional,
line 4 professional person in charge of a facility designated by the county
line 5 for evaluation and treatment, member of the attending staff, as
line 6 defined by regulation, of a facility designated by the county for
line 7 evaluation and treatment, designated members of a mobile crisis
line 8 team, or professional person designated by the county may, upon
line 9 probable cause, take, or cause to be taken, the person into custody
line 10 for a period of up to 72 hours for assessment, evaluation, and crisis
line 11 intervention or placement for evaluation and treatment in a facility
line 12 designated by the county for evaluation and treatment and approved
line 13 by the State Department of Health Care Services. The 72-hour
line 14 period begins at the time when the person is first detained. At a
line 15 minimum, assessment, as defined in Section 5150.4, and
line 16 evaluation, as defined in subdivision (a) of Section 5008, shall be
line 17 conducted and provided on an ongoing basis. Crisis intervention,
line 18 as defined in subdivision (e) of Section 5008, may be provided
line 19 concurrently with assessment, evaluation, or any other service.
line 20 (2) (A) As used in this section, “licensed mental health
line 21 professional” means a psychiatrist, psychologist, licensed clinical
line 22 social worker, licensed marriage and family therapist, or a licensed
line 23 professional clinical counselor who has completed all required
line 24 supervised clinical experience. experience, who is designated by
line 25 the county.
line 26 (B) For purposes of this section, a licensed mental health
line 27 professional does not need to be direct staff of, or contracted by,
line 28 the county.
line 29 (b) When determining if a person should be taken into custody
line 30 pursuant to subdivision (a), the individual making that
line 31 determination shall apply the provisions of Section 5150.05 and
line 32 shall not be limited to consideration of the danger of imminent
line 33 harm.
line 34 (c) The professional person in charge of a facility designated
line 35 by the county for evaluation and treatment, member of the
line 36 attending staff, or professional person designated by the county
line 37 shall assess the person to determine whether the person can be
line 38 properly served without being detained. If, in the judgment of the
line 39 professional person in charge of the facility designated by the
line 40 county for evaluation and treatment, member of the attending staff,
97
— 2 — SB 402
line 1 or professional person designated by the county, the person can
line 2 be properly served without being detained, the person shall be
line 3 provided evaluation, crisis intervention, or other inpatient or
line 4 outpatient services on a voluntary basis. This subdivision does not
line 5 prevent a peace officer from delivering an individual to a
line 6 designated facility for assessment under this section. Furthermore,
line 7 the assessment requirement of this subdivision does not require a
line 8 peace officer to perform any additional duties other than those
line 9 specified in Sections 5150.1 and 5150.2.
line 10 (d) If a person is evaluated by a professional person in charge
line 11 of a facility designated by the county for evaluation or treatment,
line 12 member of the attending staff, or professional person designated
line 13 by the county and is found to be in need of mental health services,
line 14 but is not admitted to the facility, all available alternative services
line 15 provided pursuant to subdivision (c) shall be offered, as determined
line 16 by the county mental health director.
line 17 (e) If, in the judgment of the professional person in charge of
line 18 the facility designated by the county for evaluation and treatment,
line 19 member of the attending staff, or the professional person designated
line 20 by the county, the person cannot be properly served without being
line 21 detained, the admitting facility shall require an application in
line 22 writing stating the circumstances under which the person’s
line 23 condition was called to the attention of the peace officer, licensed
line 24 mental health professional, professional person in charge of the
line 25 facility designated by the county for evaluation and treatment,
line 26 member of the attending staff, or professional person designated
line 27 by the county and stating that the peace officer, licensed mental
line 28 health professional, professional person in charge of the facility
line 29 designated by the county for evaluation and treatment, member of
line 30 the attending staff, or professional person designated by the county
line 31 has probable cause to believe that the person is, as a result of a
line 32 mental health disorder, a danger to others or to themselves, or is
line 33 gravely disabled. The application shall also record whether the
line 34 historical course of the person’s mental disorder was considered
line 35 in the determination pursuant to Section 5150.05. If the probable
line 36 cause is based on the statement of a person other than the peace
line 37 officer, licensed mental health professional, professional person
line 38 in charge of the facility designated by the county for evaluation
line 39 and treatment, member of the attending staff, or professional person
line 40 designated by the county, the person shall be liable in a civil action
97
SB 402 — 3 —
line 1 for intentionally giving a statement that the person knows to be
line 2 false. A copy of the application shall be treated as the original.
line 3 (f) (1) At the time a person is taken into custody for evaluation,
line 4 or within a reasonable time thereafter, unless a responsible relative
line 5 or the guardian or conservator of the person is in possession of the
line 6 person’s personal property, the person taking them into custody
line 7 shall take reasonable precautions to preserve and safeguard the
line 8 personal property in the possession of or on the premises occupied
line 9 by the person. The person taking them into custody shall then
line 10 furnish to the court a report generally describing the person’s
line 11 property so preserved and safeguarded and its disposition, in
line 12 substantially the form set forth in Section 5211, except that if a
line 13 responsible relative or the guardian or conservator of the person
line 14 is in possession of the person’s property, the report shall include
line 15 only the name of the relative or guardian or conservator and the
line 16 location of the property, whereupon responsibility of the person
line 17 taking them into custody for that property shall terminate.
line 18 (2) As used in this section, “responsible relative” includes the
line 19 spouse, parent, adult child, domestic partner, grandparent,
line 20 grandchild, or adult brother or sister of the person.
line 21 (g) (1) Each person, at the time the person is first taken into
line 22 custody under this section, shall be provided, by the person who
line 23 takes them into custody, the following information orally in a
line 24 language or modality accessible to the person. If the person cannot
line 25 understand an oral advisement, the information shall be provided
line 26 in writing. The information shall be in substantially the following
line 27 form:
line 28
line 29 My name is __________________________________________________ .
line 30 I am a
(peace officer/mental health professional)
.
line 31
line 32 with
(name of agency)
.
line 33
line 34 You are not under criminal arrest, but I am taking you for an examination by
line 35 mental health professionals at ____________________________________ .
line 36
(name of facility)
line 37
line 38 You will be told your rights by the mental health staff.
line 39
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— 4 — SB 402
line 1 (2) If taken into custody at the person’s own residence, the
line 2 person shall also be provided the following information:
line 3
line 4 You may bring a few personal items with you, which I will have
line 5 to approve. Please inform me if you need assistance turning off
line 6 any appliance or water. You may make a phone call and leave a
line 7 note to tell your friends or family where you have been taken.
line 8
line 9 (h) The designated facility shall keep, for each patient evaluated,
line 10 a record of the advisement given pursuant to subdivision (g), which
line 11 shall include all of the following:
line 12 (1) The name of the person detained for evaluation.
line 13 (2) The name and position of the peace officer or mental health
line 14 professional taking the person into custody.
line 15 (3) The date the advisement was completed.
line 16 (4) Whether the advisement was completed.
line 17 (5) The language or modality used to give the advisement.
line 18 (6) If the advisement was not completed, a statement of good
line 19 cause as defined by regulations of the State Department of Health
line 20 Care Services.
line 21 (i) (1) Each person admitted to a facility designated by the
line 22 county for evaluation and treatment shall be given the following
line 23 information by admission staff of the facility. The information
line 24 shall be given orally and in writing and in a language or modality
line 25 accessible to the person. The written information shall be available
line 26 to the person in English and in the language that is the person’s
line 27 primary means of communication. Accommodations for other
line 28 disabilities that may affect communication shall also be provided.
line 29 The information shall be in substantially the following form:
line 30
line 31 My name is __________________________________________________.
line 32 My position here is ____________________________________________.
line 33 You are being placed into this psychiatric facility because it is our
line 34 professional opinion that, as a result of a mental health disorder, you are likely
line 35 to (check applicable):
line 36 ◻ Harm yourself.
line 37 ◻ Harm someone else.
line 38 ◻ Be unable to take care of your own food, clothing, and housing needs.
line 39 We believe this is true because
line 40 _____________________________________________________________
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SB 402 — 5 —
line 1 (list of the facts upon which the allegation of dangerous
line 2 or gravely disabled due to mental health disorder is based, including pertinent
line 3 facts arising from the admission interview).
line 4 You will be held for a period up to 72 hours. During the 72 hours you may
line 5 also be transferred to another facility. You may request to be evaluated or
line 6 treated at a facility of your choice. You may request to be evaluated or treated
line 7 by a mental health professional of your choice. We cannot guarantee the facility
line 8 or mental health professional you choose will be available, but we will honor
line 9 your choice if we can.
line 10 During these 72 hours you will be evaluated by the facility staff, and you
line 11 may be given treatment, including medications. It is possible for you to be
line 12 released before the end of the 72 hours. But if the staff decides that you need
line 13 continued treatment you can be held for a longer period of time. If you are
line 14 held longer than 72 hours, you have the right to a lawyer and a qualified
line 15 interpreter and a hearing before a judge. If you are unable to pay for the lawyer,
line 16 then one will be provided to you free of charge.
line 17 If you have questions about your legal rights, you may contact the county
line 18 Patients’ Rights Advocate at
(phone number for the county Patients’ Rights line 19
line 20
Advocacy office)
.
line 21
line 22 Your 72-hour period began
(date/time)
.
line 23
line 24
line 25 (2) If the notice is given in a county where weekends and
line 26 holidays are excluded from the 72-hour period, the person shall
line 27 be informed of this fact.
line 28 (j) For each person admitted for evaluation and treatment, the
line 29 facility shall keep with the person’s medical record a record of the
line 30 advisement given pursuant to subdivision (i), which shall include
line 31 all of the following:
line 32 (1) The name of the person performing the advisement.
line 33 (2) The date of the advisement.
line 34 (3) Whether the advisement was completed.
line 35 (4) The language or modality used to communicate the
line 36 advisement.
line 37 (5) If the advisement was not completed, a statement of good
line 38 cause.
line 39 (k) A facility to which a person who is involuntarily detained
line 40 pursuant to this section is transported shall notify the county
97
— 6 — SB 402
line 1 patients’ rights advocate, as defined in Section 5500, if a person
line 2 has not been released within 72 hours of the involuntary detention.
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97
SB 402 — 7 —
SENATE RULES COMMITTEE
Office of Senate Floor Analyses
(916) 651-1520 Fax: (916) 327-4478
SB 827
THIRD READING
Bill No: SB 827
Author: Glazer (D)
Amended: 1/11/24
Vote: 21
SENATE TRANSPORTATION COMMITTEE: 7-1, 4/11/23 (FAIL)
AYES: Niello, Allen, Becker, Dahle, Dodd, Seyarto, Umberg
NOES: Archuleta
NO VOTE RECORDED: Gonzalez, Blakespear, Cortese, Limón, McGuire,
Newman, Nguyen, Wahab
SENATE TRANSPORTATION COMMITTEE: 15-0, 1/9/24
AYES: Gonzalez, Niello, Allen, Archuleta, Becker, Blakespear, Cortese, Dahle,
Dodd, Limón, Newman, Nguyen, Seyarto, Umberg, Wahab
SENATE JUDICIARY COMMITTEE: 10-0, 1/11/24
AYES: Umberg, Wilk, Allen, Ashby, Caballero, Gonzalez, Laird, Min, Niello,
Wiener
NO VOTE RECORDED: Stern
SUBJECT: San Francisco Bay Area Rapid Transit District: Office of the BART
Inspector General
SOURCE: Author
DIGEST: This bill revises the authority of the San Francisco Bay Area Rapid
Transit District (BART) Inspector General (IG). This bill clarifies the BART IG’s
access to BART facilities, and the authority to examine records and other property,
as specified.
SB 827
Page 2
ANALYSIS:
Existing law:
1) Establishes BART, governed by a board of directors (Board), with specified
powers and duties relative to the construction and operation of a rapid transit
system.
2) Creates an independent Office of the BART IG (OIG) to ensure BART makes
effective use of bridge toll revenue and other revenue and operates efficiently,
effectively, and in compliance with applicable laws.
3) Specifies the duties and responsibilities of the BART IG including, among
others, conducting, supervising, and coordinating audits and investigations
relating to the district’s programs and operations.
This bill:
1) Stipulates that the BART IG is vested with the full authority to exercise all
responsibility for mainlining a full scope, independent, and objective audit and
investigation program, as specified.
2) Requires BART to give the BART IG access and authority to examine all
records, files, documents, accounts, reports, correspondence, or other property
of BART and external entities that perform work for them.
3) Authorizes the BART IG to enter any BART office or facility and access,
examine and reproduce during regular business hours all records, files,
documents, accounts, reports, vouchers, correspondence files, and all other
records for any audit or investigation.
4) Requires any officer or employee of BART or entity having these records or
property in their possession, under their control, or otherwise having access to
them, to permit access to, and examination and reproduction of, the records or
property upon the request of the BART IG or the BART IG’s authorized
representative.
5) Authorizes the BART IG to gain access to confidential records or property that
are obtained in connection with any audit, investigation, or review conducted,
unless a law specifically refers to and precludes it.
SB 827
Page 3
6) Requires that any information or documents obtained in connection with any
audit, evaluation, investigation, or review conducted by the BART IG are
subject to any limitations on release of the information or documents as may
apply to an employee or officer of BART or external entity that provided the
information or documents.
7) Provides that in any interview conducted with a represented employee who is
the subject of an investigation the employee shall be notified by the BART IG
that they are entitled to be accompanied by a union representative.
Comments
1) Purpose of the bill. According to the author, “Inspectors general are supposed
to be independent watchdogs of the agency with which they serve.
Unfortunately, BART’s Board of Directors and management has repeatedly
refused to provide the Inspector General (IG) with the full power and authority
that she requires to do her job. An Alameda County Grand Jury found in June
2022 that BART obstructed the independent watchdog. ‘From the beginning,’
the grand jury report found, BART’s management, Board of Directors and
labor unions ‘sought to undermine Inspector General Harriet Richardson’s role
by limiting access to information and employees.’ This bill would designate
powers and protections already enjoyed by the Caltrans IG to the BART IG to
ensure that the office has the adequate authority to provide its voter-mandated
oversight. The changes proposed in this bill are modeled after existing
language in the Government Code and include nationally-recognized best
practices for auditors and inspectors general. With these changes, the residents
of the Bay Area – BART’s rider base and primary source of revenue – could be
confident that the IG can exercise the independent oversight that was intended
when SB 595 was enacted in 2017 and later ratified by the voters.”
2) BART. BART is a special district created by the State of California consisting
of Alameda County, Contra Costa County, and the City and County of San
Francisco. BART connects San Francisco with cities in the East Bay and
suburbs in northern San Mateo County operating on five lines, 131 miles of
track with 50 stations in five counties. With an average pre-COVID-19
weekday daily ridership of about 405,000 passengers, BART is the fifth-
busiest heavy rail rapid transit system in the nation.
SB 827
Page 4
3) BART IG. SB 595 (Beall, Chapter 650, Statutes of 2017), which authorized
Regional Measure 3 (RM3), also created the BART IG. The measure, which
raised toll rates on the Bay Area’s seven state-owned bridges, was approved by
voters in 2018 in the City and County of San Francisco, and Alameda, Contra
Costa, Marin, Napa, San Mateo, Santa Clara, Solano, and Sonoma Counties.
The BART IG was established to ensure BART makes effective use of bridge
toll and other revenue and operates efficiently, effectively, and in compliance
with applicable federal and state laws. Duties and responsibilities for the
BART IG include, among others, conducting fraud and waste investigations,
conducting audits, making recommendations to improve the efficiency and
effectiveness of BART programs and operations, identifying opportunities to
improve the data used to determine project resource allocations, and
identifying and recommending best practices in the delivery of capital projects.
4) BART IG struggled to get up and running. In June 2019, Governor Newsom
appointed Harriet Richardson as the first BART IG. Ms. Richardson has
detailed issues getting the office running, specifically the development and
approval of a charter for the office to clarify roles and responsibilities. The
charter was built on both the BART IG statute and additional requirements and
authority given to other IGs in California and throughout the nation. The
BART IG presented the charter to the Board in January 2021 but it has not yet
been adopted.
5) Previous legislation to increase BART IG’s authority. In 2022, SB 1488
(Glazer, 2022) was introduced to revise the duties and responsibilities of the
BART IG based upon statutory powers and explicit authorities of other IG
offices, including the California State Auditor, the California Department of
Transportation (Caltrans) IG, and the Los Angeles Metropolitan Transportation
Authority (LA Metro) IG.
BART and the affected labor representatives had concerns about the bill and
worked with the author on amendments as it moved through the process. One
of the main concerns was the ability for the BART IG to have access to and
authority to meet with any employee or officer or contractor as necessary to
complete an audit, investigation, or review. Currently, a represented BART
employee has the right to be represented by their exclusive representative in an
investigatory interview that the employee reasonably agrees might result in
disciplinary action, commonly known as a “Weingarten right.”
SB 827
Page 5
BART and the affected labor representatives wanted to clarify that when the
BART IG meets with any represented employee to complete an audit,
investigation, or review the BART IG would comply with “all the rights
afforded to employees under current collective bargaining agreements.”
SB 1488 was approved by Legislature, but was ultimately vetoed by Governor
Newsom. In his veto message, the Governor stated, “While I agree with the
intent of the legislation and appreciate the author's collaboration with the
BART Board on many of the bill's provisions, I understand there is one
unresolved issue regarding the notification of all represented employees of
their right to representation. I encourage the author to work with the IG and
the BART Board to resolve this remaining issue in either a charter or future
legislation.”
6) BART IG leaves post early. In March 2023, four months before the end of her
term, BART IG Harriet Richardson resigned from her post. In the Fiscal Year
2022, BART IG Annual Report, Ms. Richardson states, “Although the
accomplishments are ones that my team and I take great pride in, we are
discouraged by BART’s attempts to diminish our work. Words cannot fully
express how demeaning it is to have our credibility challenged, and to face
attempts to remove our ability to do our work in compliance with the
professional standards that we hold in high regard.”
7) Alameda County Grand Jury also concerned with treatment of the BART IG.
The Alameda County Grand Jury, which is tasked with investigating the
operations of various officers, departments, and agencies in Alameda County,
looked into the issues surrounding the BART IG. In its 2021-2022 Final
Report, the Grand Jury states, “The Grand Jury found that from the beginning,
both BART’s board and management impeded the IG’s efforts to conduct
independent oversight. In addition, board members and management
supported union efforts to limit OIG access to their members, which stymied
OIG independence and the confidentiality of investigations.”
BART responded to the Alameda County Grand Jury report disagreeing with
many of its findings, noting that management has been receptive and
responsive to recommendations made by the BART IG. Specifically, BART
cites accepting 40 of 47 recent recommendations during the BART IG’s audits
and investigations, and that the Board has created an Audit Committee, which
includes two public members and meets on a regular basis. BART also
SB 827
Page 6
clarified that, “The Board and management are neutral to the conditions of
engagement between the labor unions and the OIG.”
8) This bill takes a more narrow approach to increasing BART IG authority. As
noted by the author, the changes included in this bill are modeled after existing
IG authorities, specifically, the existing authorities afforded by the Caltrans IG.
This bill is a slimmed-down version of its predecessor and mainly focuses on
the BART IG’s authority to have access to facilities, records, and documents
needed for the performance of the BART IG’s duties. Specifically, this bill
clarifies the purpose of the BART IG by stating that the BART IG is vested
with the full authority to exercise all responsibility for maintaining a full scope,
independent, and objective audit and investigation program. This bill also
clarifies the BART IG’s access and authority to examine all records, files,
documents, accounts, reports, correspondence, and other property of BART
and external entities, and requires any BART employee or external entity to
permit access.
9) Recent Amendments Intended to Remove Opposition. This bill was recently
amended to address the two primary concerns of the opposition. First, the
amendments remove the misdemeanor penalties for obstructing the BART IG’s
work. Second, the amendments clarify that an employee’s Weingarten rights
(see comment 5 above) are preserved. The opponents testified in the Senate
Transportation Committee hearing that adoption of the amendments would
remove their opposition. But letters removing the opposition have not been
submitted to the Senate portal as of the date of this analysis.
10) It’s Getting Better. In May 2023 Governor Newsom appointed a new BART
IG, Claudette Biemeret, and relations between the BART IG and BART have
improved significantly. In her Fiscal Year 2023 Annual Report she notes a
number of achievements including closing 35 investigations and releasing 21
reports. The 2023 report did not raise concerns over the BART IG’s ability to
carry out her responsibilities nor was it critical of BART management, unlike
the 2022 Annual Report. Increasing the BART IG’s budget from $1 million
annually to $2.7 million must have also played a role in improving relations.
But important work remains to be done, including approving the long overdue
charter for the BART IG. Yet even here there are reports of progress. Labor
representatives have said that the charter is 90% done, and the BART Board
President has called for approval of the charter by the end of the first quarter of
2024. If that happens the need for this bill greatly diminishes.
SB 827
Page 7
11) More Accountability then More Money – Bay Area transit agencies are
considering asking the public for additional funding to make up for lower fare
revenue and higher expenses in the COVID aftermath. Recent polling
indicates that the public is not inclined to support more funding without better
service and greater accountability, which is supported by a robust and
independent BART IG.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
SUPPORT: (Verified 1/30/24)
Association of Local Government Auditors
Bay Area Council
Livable California
Mission Street Neighbors
OPPOSITION: (Verified 1/30/24)
AFSCME
Prepared by: Randy Chinn / TRANS. / (916) 651-4121
1/30/24 10:11:04
**** END ****
SENATE BILL No. 905
Introduced by Senator Wiener
(Principal coauthor: Senator Jones)
(Principal coauthors: Assembly Members Cervantes, Friedman, and
Villapudua)
(Coauthors: Senators Allen, Blakespear, Dodd, Glazer, Niello, Roth,
Rubio, Seyarto, and Umberg)
(Coauthors: Assembly Members Lackey, Pellerin, Blanca Rubio, Ting,
Wallis, and Wilson)
January 4, 2024
An act to add Section 465 to the Penal Code, relating to crime.
legislative counsel’s digest
SB 905, as introduced, Wiener. Unlawful entry of a vehicle.
Existing law defines the crime of burglary to include entering a vehicle
when the doors are locked with the intent to commit grand or petit
larceny or a felony. Existing law makes the burglary of a vehicle
punishable as a misdemeanor or a felony.
This bill would make forcibly entering a vehicle, as defined, with the
intent to commit a theft therein a crime punishable by imprisonment in
a county jail for a period not to exceed one year or imprisonment in a
county jail for 16 months, or 2 or 3 years. By creating a new crime, this
bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
99
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 465 is added to the Penal Code, to read:
line 2 465. (a) A person who forcibly enters a vehicle, as defined in
line 3 Section 670 of the Vehicle Code, with the intent to commit a theft
line 4 therein is guilty of unlawful entry of a vehicle.
line 5 (b) Unlawful entry of a vehicle is punishable by imprisonment
line 6 in a county jail for a period not to exceed one year or imprisonment
line 7 pursuant to subdivision (h) of Section 1170.
line 8 (c) As used in this section, forcible entry of a vehicle means the
line 9 entry of a vehicle accomplished through either of the following
line 10 means:
line 11 (1) Force that damages the exterior of the vehicle, including,
line 12 but not limited to, breaking a window, cutting a convertible top,
line 13 punching a lock, or prying open a door.
line 14 (2) Use of a tool or device that manipulates the locking
line 15 mechanism, including, without limitation, a slim jim or other
line 16 lockout tool, a shaved key, jiggler key, or lock pick, or an electronic
line 17 device such as a signal extender.
line 18 (d) No person may be convicted both pursuant to this section
line 19 and pursuant to Section 459.
line 20 SEC. 2. No reimbursement is required by this act pursuant to
line 21 Section 6 of Article XIIIB of the California Constitution because
line 22 the only costs that may be incurred by a local agency or school
line 23 district will be incurred because this act creates a new crime or
line 24 infraction, eliminates a crime or infraction, or changes the penalty
line 25 for a crime or infraction, within the meaning of Section 17556 of
line 26 the Government Code, or changes the definition of a crime within
line 27 the meaning of Section 6 of Article XIII B of the California
line 28 Constitution.
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99
— 2 — SB 905
SENATE BILL No. 925
Introduced by Senator Wiener
January 11, 2024
An act relating to transportation.
legislative counsel’s digest
SB 925, as introduced, Wiener. San Francisco Bay area: local revenue
measure: transportation improvements.
Existing law creates the Metropolitan Transportation Commission as
a local area planning agency for the 9-county San Francisco Bay area
with comprehensive regional transportation planning and other related
responsibilities. Existing law creates various transit districts located in
the San Francisco Bay area, with specified powers and duties relating
to providing public transit services.
This bill would state the intent of the Legislature to enact subsequent
legislation to authorize the Metropolitan Transportation Commission
to propose a revenue measure to the voters in its jurisdiction to fund
the operation, expansion, and transformation of the San Francisco Bay
area’s public transportation system, as well as other transportation
improvements.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. It is the intent of the Legislature to enact
line 2 subsequent legislation to authorize the Metropolitan Transportation
line 3 Commission to propose a revenue measure to the voters in its
line 4 jurisdiction to fund the operation, expansion, and transformation
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line 1 of the San Francisco Bay area’s public transportation system, as
line 2 well as other transportation improvements.
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SENATE BILL No. 926
Introduced by Senator Wahab
January 12, 2024
An act to add Section 13978.9 to the Government Code, relating to
transportation.
legislative counsel’s digest
SB 926, as introduced, Wahab. San Francisco Bay area: public
transportation.
Existing law creates the Metropolitan Transportation Commission as
a local area planning agency for the 9-county San Francisco Bay area
with comprehensive regional transportation planning and other related
responsibilities. Existing law creates various transit districts located in
the San Francisco Bay area, with specified powers and duties relating
to providing public transit services.
Existing law establishes the Transportation Agency, consisting of
various state agencies under the supervision of an executive officer
known as the Secretary of Transportation, who is required to develop
and report to the Governor on legislative, budgetary, and administrative
programs to accomplish comprehensive, long-range, and coordinated
planning and policy formulation in the matters of public interest related
to the agency.
This bill would require the Transportation Agency to develop a plan
to consolidate all transit agencies, as defined, that are located within
the geographic jurisdiction of the Metropolitan Transportation
Commission.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
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The people of the State of California do enact as follows:
line 1 SECTION 1. Section 13978.9 is added to the Government
line 2 Code, to read:
line 3 13978.9. (a) For purposes of this section, “transit agency” has
line 4 the same meaning as “public transportation operator” as defined
line 5 in subdivision (b) of Section 99312.2 of the Public Utilities Code.
line 6 (b) The Transportation Agency shall develop a plan to
line 7 consolidate all transit agencies that are located within the
line 8 geographic jurisdiction of the Metropolitan Transportation
line 9 Commission, as described in Section 66502.
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SENATE BILL No. 1011
Introduced by Senator Jones
(Principal coauthor: Senator Blakespear)
(Coauthors: Senators Alvarado-Gil, Dahle, Dodd, Grove, Nguyen,
Niello, Ochoa Bogh, Seyarto, and Wilk)
(Coauthors: Assembly Members Alanis, Megan Dahle, Davies, Essayli,
Flora, Gallagher, Joe Patterson, and Sanchez)
February 5, 2024
An act to add Section 647.10 to the Penal Code, relating to public
safety.
legislative counsel’s digest
SB 1011, as introduced, Jones. Encampments: penalties.
Under existing law, a person who lodges in a public or private place
without permission is guilty of disorderly conduct, a misdemeanor.
Existing law also provides that a person who willfully and maliciously
obstructs the free movement of any person on any street, sidewalk, or
other public place is guilty of a misdemeanor.
Under existing law, a nuisance is anything that is injurious to health
or indecent or offensive to the senses, or an obstruction to the free use
of property, so as to interfere with the comfortable enjoyment of life or
property. Existing law also provides that a nuisance is anything that
obstructs the free passage or use of any public park, square, street, or
highway, among other things. Under existing law, a public nuisance is
a nuisance that affects the entire community, neighborhood, or a
considerable number of persons. Existing law provides various remedies
against a public nuisance, including abatement by any public body or
officer authorized by law.
This bill would prohibit a person from sitting, lying, sleeping, or
storing, using, maintaining, or placing personal property upon a street
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or sidewalk if a homeless shelter, as defined, is available to the person.
The bill would also prohibit sitting, lying, sleeping, or storing, using,
maintaining, or placing personal property within 500 feet of a public
or private school, open space, or major transit stop, as specified. The
bill would specify that a violation of this prohibition is a public nuisance
that can be abated and prevented, as specified. The bill would also
provide that a violation of the prohibition may be charged as a
misdemeanor or an infraction, at the discretion of the prosecutor. The
bill would prohibit a person from being found in violation of the bill’s
provisions unless provided notice, at least 72 hours before
commencement of any enforcement action, as specified. By imposing
criminal penalties for a violation of these provisions, this bill would
impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 647.10 is added to the Penal Code, to
line 2 read:
line 3 647.10. (a) For the purposes of this section, the following
line 4 definitions apply:
line 5 (1) “Homeless shelter” means any of the following:
line 6 (A) An emergency shelter, as defined in Section 576.2 of Title
line 7 24 of the Code of Federal Regulations.
line 8 (B) An emergency shelter, as defined in subdivision (e) of
line 9 Section 50801 of the Health and Safety Code.
line 10 (C) A navigation center, as defined in Section 50216 of the
line 11 Health and Safety Code.
line 12 (2) “Major transit stop” has the same meaning as defined in
line 13 Section 21064.3 of the Public Resources Code.
line 14 (3) “Open space” means a parcel or area of land or water that
line 15 is substantially unimproved and devoted to an open-space use, as
line 16 defined in Section 65560 of the Government Code.
line 17 (4) “Peace officer” means a person described in Section 830.
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line 1 (b) A person shall not sit, lie, sleep, or store, use, maintain, or
line 2 place personal property upon a street or sidewalk if a homeless
line 3 shelter is available to the person.
line 4 (c) A person shall not sit, lie, sleep, or store, use, maintain, or
line 5 place personal property upon a street, sidewalk, or other public
line 6 property within the following locations:
line 7 (1) Five hundred feet of a public or private school providing
line 8 instruction in kindergarten or grades 1 to 12, inclusive.
line 9 (2) An open space.
line 10 (3) A major transit stop.
line 11 (d) Subject to subdivision (e), this section may be enforced as
line 12 follows:
line 13 (1) A violation of this section is a public nuisance that may be
line 14 enjoined, abated, and prevented. The district attorney, county
line 15 counsel of the county, or the city attorney of any incorporated city
line 16 or of any city and county, in the name of the people, may maintain
line 17 an action to abate and prevent the nuisance. Before pursuing
line 18 abatement authorized by this paragraph, the district attorney, county
line 19 counsel, or city attorney, as applicable, shall ensure that the person
line 20 found to be in violation of this section has received verbal or
line 21 written information regarding alternative locations to sleep,
line 22 homeless and mental health services, or homeless shelters in the
line 23 area.
line 24 (2) A violation of this section may be charged as a misdemeanor
line 25 or an infraction, at the discretion of the prosecutor.
line 26 (e) A person shall not be found to be in violation of this section
line 27 unless a peace officer employed by the county or city, as applicable,
line 28 with jurisdiction over the location has provided that person written
line 29 notice, at least 72 hours before commencement of any enforcement
line 30 action described in subdivision (d), that the person is prohibited
line 31 from sitting, lying, sleeping, or storing, using, maintaining, or
line 32 placing personal property upon a street, sidewalk, or other public
line 33 property pursuant to this section. A written notice shall only be
line 34 deemed to have been provided for the purposes of this subdivision
line 35 if the notice is given in a language understood by the person
line 36 receiving the notice.
line 37 SEC. 2. No reimbursement is required by this act pursuant to
line 38 Section 6 of Article XIIIB of the California Constitution because
line 39 the only costs that may be incurred by a local agency or school
line 40 district will be incurred because this act creates a new crime or
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SB 1011 — 3 —
line 1 infraction, eliminates a crime or infraction, or changes the penalty
line 2 for a crime or infraction, within the meaning of Section 17556 of
line 3 the Government Code, or changes the definition of a crime within
line 4 the meaning of Section 6 of Article XIII B of the California
line 5 Constitution.
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Tri-Valley Cities
DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON
February 7, 2024
The Honorable Scott Wiener California State Senate 1021 O Street, Suite 8620
Sacramento, CA 95814
Re: SB 905 (Wiener) Unlawful entry of a vehicle Letter of Support – Tri-Valley Cities Coalition
Dear Senator Wiener,
On behalf of the Tri-Valley Cities Coalition which includes the cities of Dublin, Livermore, Pleasanton, San Ramon, and the Town of Danville, we write to express our support for your bill, SB 905, which would make forcibly entering a vehicle with the intent to commit a theft therein a crime punishable by imprisonment in a county jail for a period not to exceed one year (if charged with a misdemeanor) or imprisonment in a county jail for 16 months, or 2 or 3 years (if charged with a felony).
As you know, throughout the Bay Area, including in our communities, there has been a significant uptick in crime year after year – whether that be petty theft, car burglary, and even more violent crimes. While we understand that there are various approaches to dealing with crime and ways
to mitigate it, bills like this, along with proper enforcement, are absolutely essential to safe, vibrant, and prosperous cities, be they urban, suburban, or rural.
We applaud your efforts to tackle the issue of auto burglary and break-ins and stand ready to provide you and your staff with any resources or information that may be helpful in moving this bill forward. Thank you again for your dedicated work and we are pleased to support SB 905.
Sincerely,
______________________ ____________________
City of Pleasanton City of San Ramon
Mayor Karla Brown Mayor David E. Hudson
__________________ ____________________ ____________________
Town of Danville City of Dublin City of Livermore Mayor Karen Stepper Mayor Melissa Hernandez Mayor John Marchand
ATTACHMENT D