HomeMy WebLinkAbout052725 3.1
LEGISLATIVE COMMITTEE MEMORANDUM 3.1
May 27, 2025
TO: Mayor and Town Council
SUBJECT: May Legislative Report
BACKGROUND
During the month of May, the Legislature continued its work moving bills through the
legislative process. Policy committees had until May 9 to hear and refer non-fiscal bills to
their respective floors.
On May 23, Senate and Assembly Appropriation Committees held their “suspense file”
hearings, which serve as a filter for fiscal bills. Any bill estimated to cost at least $50,000
gets placed on the suspense file. Next month, and again in August, the Appropriations
Committees will either move the bills off of “suspense” so they can advance through the
Legislature or hold them — essentially killing those measures for the session. Last year,
the committees killed about one-third of the bills on suspense.
Bills that successfully passed through the Appropriations Committee have until June 6 to
be heard and passed by the Assembly and Senate Floors in order to advance to the second
house.
DISCUSSION
The Town’s Legislative Committee follows legislation that is identified as a priority
through the Tri-Valley Cities Coalition and by the Danville Town Council based upon
the Town’s legislative framework.
The Tri-Valley Cities Legislative Framework identifies seven focus areas for the 2025 State
Legislative session including: Transportation and Infrastructure, Climate, Environment,
and Health, Public Safety, Economic Development, Affordable Housing and
Homelessness, Mental Health, and Fiscal Sustainability and General Governance. The
bills and positions that are a priority for the Tri-Valley coalition are discussed in the
second half of this report.
The following bills have been identified as having an impact on Danville.
May Legislative Update 2 May 27, 2025
AB 614 (Lee) Claims against public entities.
This bill extends, from six months to one year, the time period in which a person must
present a claim against a government entity for death or injury to a person, personal
property, or growing crops to the government entity before the person may file a civil
lawsuit.
Position: Oppose
SB 231 (Seyarto) California Environmental Quality Act: the Office of Land Use and
Climate Innovation: technical advisory.
This bill would require, on or before July 1, 2027, the Office of Land Use and Climate
Innovation to consult with regional, local, state, and federal agencies to develop a
technical advisory on thresholds of significance for greenhouse gas and noise pollution
effects on the environment to assist local agencies. The bill would require the technical
advisory to provide suggested thresholds of significance for all areas of the state, as
specified, and would provide that lead agencies may elect to adopt these suggested
thresholds of significance. The bill would also require the Office of Land Use and Climate
Innovation to post the technical advisory on its internet website. This bill was amended and
is no longer impactful to Danville.
Recommended Position: Neutral
Tri-Valley Cities Coalition
The following bill(s) have been identified as legislation to track during the 2025
Legislative Session by the Tri-Valley Cities Coalition.
AB 290 (Bauer-Kahan) California FAIR Plan Association: automatic payments
This bill, on or before April 1, 2026, would require the California FAIR Plan Association
to create an automatic payment system and accept automatic payments for premiums
from policyholders. The bill would prohibit an automatic payment amount from being
different than if the policyholder made a payment through another method. The bill
would prohibit cancellation or nonrenewal of a FAIR Plan policy solely because the
policyholder is not enrolled in automatic payments, except as specified. The bill would
provide for a 10-day grace period for the policyholder to pay any outstanding installment
premium. This bill passed on the Assembly Floor with a 75:0:5 vote.
TVC Position: Support
AB 348 (Krell) Full-service partnerships.
This bill would establish criteria for an individual with a serious mental illness to be
presumptively eligible for a full-service partnership, including, among other things, the
person is transitioning to the community after 6 months or more in the state prison or
county jail. The bill would specify that a county is not required to enroll an individual
who meets that presumptive eligibility criteria if doing so would conflict with contractual
Medi-Cal obligations or court orders, or would exceed full-service partnership capacity
or funding. The bill would prohibit deeming an individual with a serious mental illness
May Legislative Update 3 May 27, 2025
ineligible for enrollment in a full-service partnership solely because their primary
diagnosis is a substance use disorder. This bill passed on the Assembly Floor with a 76:0:3
vote.
TVC Position: Support
AB 544 (Davies) Electric bicycles: required equipment.
This bill would require an electric bicycle during all hours to be equipped with a red
reflector or a solid or flashing red light with a built-in reflector on the rear that is visible
from a distance of 500 feet to the rear when directly in front of lawful upper beams of
headlamps on a motor vehicle. This bill provides that a person under 18 years of age who
is cited for operating an electronic bicycle (e-bike) while not wearing a proper helmet may
avoid resulting court notification and fines if the person delivers proof to the agency that
issued the citation that (1) the person has a helmet that meets legal specifications and (2)
the person has completed a specialized e-bike safety course. This bill passed on the Assembly
Floor with a 69:0:10 vote.
TVC Position: Support
AB 647 (Gonzales) Housing development approvals: residential units.
Establishes the Better Urban Infill and Livable Design (BUILD) Housing Act of 2025,
which provides a streamlined and ministerial approval for proposed housing
developments containing no more than eight residential units that are located on a lot
with an existing single-family home and are zoned for eight or fewer residential units
meeting specified requirements. This bill was pulled at the request of the author and will be
marked as inactive for the remainder of the legislative session.
TVC Position: Oppose
AB 650 (Papan) Planning and zoning: housing element: regional housing needs
allocation.
The Planning and Zoning Law requires each county and city to adopt a comprehensive,
long-term general plan for the physical development of the county or city, which
includes, among other mandatory elements, a housing element. Current law requires a
public agency to administer its programs and activities relating to housing and
community development in a manner to affirmatively further fair housing, and take no
action that is materially inconsistent with its obligation to affirmatively further fair
housing. The Planning and Zoning Law requires that a housing element include, among
other things, a program that sets forth a schedule of actions during the planning period.
Current law requires the Department of Housing and Community Development to
develop a standardized reporting format for programs and actions taken pursuant to the
requirement to affirmatively further fair housing. This bill would require the department
to develop the above-described standardized reporting format on or before December 31,
2026.
TVC Position: Support
May Legislative Update 4 May 27, 2025
AB 712 (Wicks) Housing reform laws: enforcement actions: fines and penalties.
This bill, where the applicant for a housing development is a prevailing party in an action
brought by the applicant to enforce the public agency’s compliance with a housing reform
law as applied to the applicant’s housing development project, would entitle an applicant
for a housing development project to reasonable attorney’s fees and costs and would
require a court to impose fines on a local agency, as specified. The bill would prohibit a
public agency from requiring the applicant to indemnify, defend, or hold harmless the
public agency in any action alleging the public agency violated the applicant’s rights or
deprived the applicant of the benefits or protection provide by a housing reform law. The
bill would define housing reform law as a law that establishes or facilitates protections
for the benefit of applicants for housing development projects or imposes limitations on
a public agency for the benefit of housing development projects. This bill passed on the
Assembly Floor with a 64:2:13 vote.
TVC Position: Oppose
AB 888 (Calderon) California Safe Home grant program.
This bill would establish the California Safe Homes grant program to be developed by
the department to reduce local and statewide wildfire losses, among other things. The
bill would require the department to prioritize specified needs when awarding grant
funds, and would require eligible program applicants, which would include individuals,
cities, counties, and special districts, to meet specified criteria. The bill would establish
the Sustainable Insurance Account within the Insurance Fund and would make the funds
available to the department upon appropriation by the Legislature. The bill would
require the department to collect specified information about the performance of the
program and, on or before January 1, 2027, and every 2 years thereafter, to publish a
performance report that would be posted to its internet website and submitted to the
Legislature.
TVC Position: Support
AB 1404 (Ortega) Electrical corporations: connections: affordable housing projects.
Existing law vests the Public Utilities Commission with regulatory authority over public
utilities, including electrical corporations. Existing law requires the commission to
enforce the rules governing the extension of service by a gas or electrical corporation to
new residential, commercial, agricultural, and industrial customers.
This bill would require an electrical corporation to connect an affordable housing project,
as defined, to the electrical distribution grid within 60 days, except as specified. The bill
would require the commission to streamline any necessary review on an affordable
housing project that is ready to connect but sitting vacant and that has not been connected
by an electrical corporation within the required 60 days. The bill would delay the effective
date of a rate increase approved by the commission for the greater of either the amount
of time the electrical corporation took, beyond 90 days from receipt of the project building
plans, to provide a final contract, or the amount of time the electrical corporation took,
beyond the 60 days allowed, to connect the most recently completed affordable housing
May Legislative Update 5 May 27, 2025
project within the electrical corporation’s service area. The bill would repeal these
provisions on January 1, 2029. This bill did not meet the policy committee deadline and is
marked inactive for the remainder of the session.
TVC Position: Support
SB 79 (Wiener) Local government land: public transit use: housing development:
transit-oriented development.
This measure would require cities to approve higher-density residential projects up to 7
stories near public transit stops ministerially regardless of local zoning codes, limit the
use of local development standards on the proposed project, and allow transit agencies
full land authority over residential and commercial development on property they own
or lease.
TVC Position: Oppose
SB 429 (Cortese) Wildfire Safety and Risk Mitigation Program.
This bill, upon appropriation, would establish the Wildfire Safety and Risk Mitigation
Program to fund the development, demonstration, and deployment of a public wildfire
catastrophe model, as defined, and to provide grant funding to one or more universities
for eligible projects with specified criteria for the purpose of creating a research and
educational center responsible for developing, demonstrating, and deploying a public
wildfire catastrophe model that provides significant wildfire safety benefits to California
communities and assists alignment of federal, state, and local wildfire risk reduction
efforts. The bill would create the Wildfire Safety and Risk Mitigation Account within the
Insurance Fund for these purposes.
The bill, also upon appropriation, would require the department to create a framework
and multiyear plan, to the extent possible and with available data, for the development,
demonstration, and deployment of a public wildfire catastrophe model that includes
specified information and to publish the plan on the department’s internet website. The
bill would require the department to provide recommendations to the Legislature,
Budget Committees, and the Governor for future budget allocations related to these
provisions before September 1, 2026.
TVC Position: Support
SB 454 (McNerney) State Water Resources Control Board: PFAS Mitigation Program.
This measure would create the PFAS Mitigation Fund to support cities and local water
agencies treat and remediate PFAS from water and wastewater supplies.
Recommended Position: Support
SB 455 (Blakespear) Electric bicycles: definitions and safety requirements.
The bill would, commencing July 1, 2026, require manufacturers and distributors of low-
power mopeds to apply an etching, an engraving, or a label that is permanently affixed
to each low-power moped that contains, among other things, a statement that the device
is a low-power moped and not an electric bicycle. The bill would set forth provisions
May Legislative Update 6 May 27, 2025
governing the operation of low-power mopeds, including, among other things, licensing
and helmet requirements. The bill would exempt low-power mopeds from being
classified as motor vehicles, thereby exempting these devices from specified financial
responsibility, registration, and license plate requirements. The bill would authorize a
local authority to regulate the parking and operation of low-power mopeds on local
streets and highways, as specified. Because a violation of these provisions would be a
crime, the bill would impose a state-mandated local program.
Beginning July 1, 2026, this bill would revise the labeling requirements described above
to require manufacturers and distributors to apply an etching, an engraving, or label that
is permanently affixed to each electric bicycle and that contains additional information,
including the brand name and manufacturer or distributor of the electric bicycle.
TVC Position: Support
SB 456 (Ashby) Contractors: exemptions: muralists.
This bill would exempt from that law an artist who draws, paints, applies, executes,
restores, or conserves a mural, as defined, pursuant to an agreement with a person who
could legally authorize the work.
TVC Position: Support
SB 559 (Stern) Electricity: reenergization events: communications.
This bill requires electrical corporations to provide specified real-time and other time
interval notification of de-energization events related to mitigating wildfire ignition risks,
and requires specified reporting to, and oversight by, the California Public Utilities
Commission (CPUC).
TVC Position: Support
SB 616 (Rubio) Community Hardening Commission: wildfire mitigation program.
Current law requires the Office of Emergency Services to enter into a joint powers
agreement, as specified, with the Department of Forestry and Fire Protection to develop
and administer a comprehensive wildfire mitigation program, known as the California
wildfire mitigation financial assistance program, that, among other things, encourages
cost-effective structure hardening and retrofitting that creates fire-resistant homes,
businesses, and public buildings. This bill would require the joint powers authority to
revise the wildfire mitigation program in accordance with prescribed community
hardening standards and guidelines developed pursuant to the bill’s provisions, as
specified.
TVC Position: Support
SB 677 (Wiener) Housing development: streamlined approvals.
This measure would limit local government’s ability to impose objective standards on SB
9 projects with 1,750 net habitable square feet in the floor area. It would also eliminate
local agencies’ ability to provide setback requirements, height limits, lot coverage limits,
May Legislative Update 7 May 27, 2025
floor area ratios, or any other standard that would limit residential development capacity
for these projects. Finally, this measure would prohibit local governments from collecting
impact fees for projects less than 1,750 square feet. This bill failed to pass the policy committee
deadline and is considered inactive for the remainder of the session.
TVC Position: Oppose Unless Amended
SB 707 (Durazo) Open meetings: meeting and teleconference requirements.
The Ralph M. Brown Act requires, with specified exceptions, that all meetings of a
legislative body, as defined, of a local agency be open and public and that all persons be
permitted to attend and participate. This bill would, until January 1, 2030, require a city
council or a county board of supervisors to comply with additional meeting
requirements, including that all open and public meetings include an opportunity for
members of the public to attend via a 2-way telephonic service or a 2-way audiovisual
platform, as defined, that a system is in place for requesting and receiving interpretation
services for public meetings, as specified, and that the city council or county board of
supervisors encourage residents to participate in public meetings, as specified.
TVC Position: Oppose unless Amended
Additional Advocacy Efforts
At the end of April, the Tri-Valley Cities Mayors participated in the annual 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 stakeholders. Meetings were held with the
following:
• Office of Congressman Eric Swalwell
• Office of Congressman John Garamendi
• Office of Congressman Adam Gray
• Office of Senator Alex Padilla
• Congressman DeSaulnier
• Senator Adam Schiff
• U.S. Department of Transportation
• House Committee on Transportation and Infrastructure
• National Nuclear Security Administration
• U.S. Department of Housing and Urban Development
Tri-Valley Cities Council met on Wednesday, May 28 for State legislative update from
the League of California Cities and Townsend Public Affairs. Townsend Public Affairs
also provided a federal legislative update.
May Legislative Update 8 May 27, 2025
State Budget
On May 14, Governor Newsom released his revised budget proposal for the 2025-2026
fiscal year. The “May Revise” is an update to the January budget proposal that reflects
new revenue projections, economic trends, caseload updates, and evolving policy
priorities. The $321.9 billion budget proposal accounts for a $12 billion shortfall. The
Governor proposed bridging the deficit through $5 billion in reductions, $5.3 billion in
revenue/borrowing, and $1.7 billion in fund shifts.
While the May Revision balances the 2025-26 budget, the Department of Finance forecasts
annual shortfalls of $14 billion in 2026-27, $19 billion in 2027-28, and $13 billion in 2028-
29—even if all proposed corrective actions are adopted.
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 – Bill Summaries/Analysis
AMENDED IN ASSEMBLY MARCH 27, 2025
california legislature—2025–26 regular session
ASSEMBLY BILL No. 614
Introduced by Assembly Member Lee
February 13, 2025
An act to amend Section 911.2 of the Government Code, relating to
state government.
legislative counsel’s digest
AB 614, as amended, Lee. Claims against public entities.
Existing law, the Government Claims Act, establishes the liability
and immunity of a public entity for its acts or omissions that cause harm
to persons and requires that a claim against a public entity relating to
a cause of action for death or for injury to person, personal property,
or growing crops be presented not later than 6 months after accrual of
the cause of action. Under existing law, claims relating to any other
cause of action are required to be presented no later than one year after
the accrual of the cause of action.
This bill would remove the provisions requiring a claim against a
public entity relating to a cause of action for death or for injury to
person, personal property, or growing crops to be presented not later
than 6 months after accrual of the cause of action and would instead
require a claim relating to any cause of action to be presented not later
than one year after accrual of the cause of action. action, unless
otherwise specified by law.
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 911.2 of the Government Code is
line 2 amended to read:
line 3 911.2. (a) A Unless otherwise specified by law, a claim relating
line 4 to any cause of action shall be presented as provided in Article 2
line 5 (commencing with Section 915) not later than one year after the
line 6 accrual of the cause of action.
line 7 (b) For purposes of determining whether a claim was
line 8 commenced within the period provided by law, the date the claim
line 9 was presented to the Department of General Services is one of the
line 10 following:
line 11 (1) The date the claim is submitted with a twenty-five dollar
line 12 ($25) filing fee.
line 13 (2) If a fee waiver is granted, the date the claim was submitted
line 14 with the affidavit requesting the fee waiver.
line 15 (3) If a fee waiver is denied, the date the claim was submitted
line 16 with the affidavit requesting the fee waiver, provided the filing
line 17 fee is paid to the department within 10 calendar days of the mailing
line 18 of the notice of the denial of the fee waiver.
O
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— 2 — AB 614
AMENDED IN SENATE MARCH 20, 2025
SENATE BILL No. 231
Introduced by Senator Seyarto
(Coauthors: Senators Choi, Niello, Ochoa Bogh, and Valladares)
(Coauthors: Assembly Members Alanis, Chen, and Lackey)
January 28, 2025
An act to add Section 21083.06 to the Public Resources Code, relating
to environmental quality.
legislative counsel’s digest
SB 231, as amended, Seyarto. California Environmental Quality Act:
guidelines. the Office of Land Use and Climate Innovation: technical
advisory.
The California Environmental Quality Act (CEQA) requires a lead
agency, as defined, to prepare, or cause to be prepared, and certify the
completion of an environmental impact report on a project that it
proposes to carry out or approve that may have a significant effect on
the environment or to adopt a negative declaration if it finds that the
project will not have that effect. CEQA also requires a lead agency to
prepare a mitigated negative declaration for a project that may have a
significant effect on the environment if revisions in the project would
avoid or mitigate that effect and there is no substantial evidence that
the project, as revised, would have a significant effect on the
environment.
CEQA requires the Office of Land Use and Climate Innovation,
formerly named the Office of Planning and Research, to prepare and
develop, and the Secretary of the Natural Resources Agency to certify
and adopt, guidelines for the implementation of CEQA. CEQA requires
the guidelines to specifically include criteria for public agencies to
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follow in determining whether or not a proposed project may have a
significant effect on the environment.
This bill would require, on or before July 1, 2027, the Office of Land
Use and Climate Innovation to prepare and develop, and the Secretary
of the Natural Resources Agency to certify and adopt, guidelines in
Appendix O of the CEQA guidelines to establish best practices for
public agencies to follow in determining whether or not a proposed
project may have a significant effect on the environment when
completing Appendix G of the CEQA guidelines. The bill would require
the best practices to consider, and include identifiable thresholds of
significance based on, specified state and federal environmental laws.
The bill would authorize the office, in developing those guidelines, to
consult with local, regional, state, and federal agencies that have
authority and expertise on those subjects.
Under existing law, the recommendation, continuous evaluation, and
execution of statewide environmental goals, policies, and plans are
included within the scope of the executive functions of the Governor.
Existing law establishes the Office of Land Use and Climate Innovation
in the Governor’s office for the purpose of serving the Governor and
the Governor’s cabinet as staff for long-range planning and research
and constituting the comprehensive state planning agency.
This bill would require, on or before July 1, 2027, the Office of Land
Use and Climate Innovation to consult with regional, local, state, and
federal agencies to develop a technical advisory on thresholds of
significance for greenhouse gas and noise pollution effects on the
environment to assist local agencies. The bill would require the technical
advisory to provide suggested thresholds of significance for all areas
of the state, as specified, and would provide that lead agencies may
elect to adopt these suggested thresholds of significance. The bill would
also require the Office of Land Use and Climate Innovation to post the
technical advisory on its internet website.
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 21083.06 is added to the Public Resources
line 2 Code, to read:
line 3 21083.06. (a) On or before July 1, 2027, the Office of Land
line 4 Use and Climate Innovation shall consult with regional, local,
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— 2 — SB 231
line 1 state, and federal agencies to develop a technical advisory on
line 2 thresholds of significance for greenhouse gas and noise pollution
line 3 effects on the environment to assist local agencies. The technical
line 4 advisory shall provide suggested thresholds of significance for all
line 5 areas of the state. In developing the suggested thresholds of
line 6 significance for specific areas of the state, the Office of Land Use
line 7 and Climate Innovation may consider all of the following:
line 8 (1) If the area is rural or urban.
line 9 (2) The applicable air district.
line 10 (3) Disadvantaged communities as designated by
line 11 CalEnviroScreen.
line 12 (4) The California Global Warming Solutions Act of 2006
line 13 (Division 25.5 (commencing with Section 38500) of the Health
line 14 and Safety Code) and the California Noise Control Act of 1973
line 15 (Division 28 (commencing with Section 46000) of the Health and
line 16 Safety Code) as applicable.
line 17 (5) Any other factor relevant to determine the suggested
line 18 threshold of significance for a specific area.
line 19 (b) Lead agencies may elect to adopt the suggested thresholds
line 20 of significance provided in the technical advisory.
line 21 (c) The Office of Land Use and Climate Innovation shall post
line 22 the technical advisory prepared pursuant to this section on its
line 23 internet website.
line 24 SECTION 1. Section 21083.06 is added to the Public Resources
line 25 Code, to read:
line 26 21083.06. (a) On or before July 1, 2027, the Office of Land
line 27 Use and Climate Innovation shall prepare and develop, and the
line 28 Secretary of the Natural Resources Agency shall certify and adopt,
line 29 guidelines in Appendix O of Chapter 3 (commencing with Section
line 30 15000) of Division 6 of Title 14 of the California Code of
line 31 Regulations to establish best practices for public agencies to follow
line 32 in determining whether or not a proposed project may have a
line 33 significant effect on the environment, as described in subdivision
line 34 (b) of Section 21083, when completing Appendix G of Chapter 3
line 35 (commencing with Section 15000) of Division 6 of Title 14 of the
line 36 California Code of Regulations. The best practices shall consider,
line 37 and include identifiable thresholds of significance based on, all of
line 38 the following:
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SB 231 — 3 —
line 1 (1) The California Global Warming Solutions Act of 2006
line 2 (Division 25.5 (commencing with Section 38500) of the Health
line 3 and Safety Code) for greenhouse gas emissions.
line 4 (2) The federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) for
line 5 vehicle miles traveled.
line 6 (3) The California Noise Control Act of 1973 (Division 28
line 7 (commencing with Section 46000) of the Health and Safety Code)
line 8 for noise pollution.
line 9 (b) In developing guidelines pursuant to subdivision (a), the
line 10 Office of Land Use and Climate Innovation may consult with local,
line 11 regional, state, and federal agencies that have authority and
line 12 expertise on those subjects.
O
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— 4 — SB 231
AMENDED IN ASSEMBLY MAY 1, 2025
AMENDED IN ASSEMBLY APRIL 21, 2025
AMENDED IN ASSEMBLY APRIL 3, 2025
AMENDED IN ASSEMBLY FEBRUARY 18, 2025
california legislature—2025–26 regular session
ASSEMBLY BILL No. 290
Introduced by Assembly Member Bauer-Kahan
(Coauthors: Assembly Members Addis, Gipson, Hadwick, and
Harabedian)
January 22, 2025
An act to add Sections 10095.8 and 10095.9 Section 10095.8 to the
Insurance Code, relating to insurance.
legislative counsel’s digest
AB 290, as amended, Bauer-Kahan. California FAIR Plan
Association: automatic payments.
Existing law establishes the California FAIR Plan Association, a joint
reinsurance association in which all insurers licensed to write basic
property insurance participate to administer a program for the equitable
apportionment of basic property insurance for persons who are unable
to obtain that coverage through normal channels. Existing law authorizes
cancellation of an insurance policy for nonpayment of premium, and
requires an insurer to notify a policyholder at least 10 business days
before the policy will be canceled for nonpayment.
This bill bill, on or before April 1, 2026, would require the California
FAIR Plan Association to create an automatic payment system and
accept automatic payments for premiums from policyholders. The bill
95
would prohibit an automatic payment amount from being different than
if the policyholder made a payment through another method. The bill
would prohibit cancellation or nonrenewal of a FAIR Plan policy solely
because the policyholder is not enrolled in automatic payments, except
as specified, or because the policyholder failed to confirm a payment
when making a one-time payment on the association’s internet website,
as specified. specified. The bill would provide for a 15-day a 10-day
grace period for late premium payments. the policyholder to pay any
outstanding installment premium.
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 10095.8 is added to the Insurance Code,
line 2 to read:
line 3 10095.8. (a) The On or before April 1, 2026, the association
line 4 shall create an automatic payment system and accept automatic
line 5 payments for premiums from policyholders.
line 6 (b) An automatic payment amount charged by the association
line 7 to a policyholder shall not be different than if the policyholder
line 8 made a payment through another method.
line 9 (c) A policy shall not be canceled or nonrenewed solely because
line 10 the policyholder is not enrolled in automatic payments, unless the
line 11 policyholder failed to make the payment within the grace period
line 12 provided in subdivision (d).
line 13 (d) If a policyholder fails to timely pay their any outstanding
line 14 installment premium, the policyholder shall have a 15-day 10-day
line 15 grace period to pay the outstanding installment premium.
line 16 SEC. 2. Section 10095.9 is added to the Insurance Code, to
line 17 read:
line 18 10095.9. (a) A policy shall not be canceled or nonrenewed by
line 19 the association solely because the policyholder failed to confirm
line 20 a payment when making a one-time payment on the association’s
line 21 internet website, unless the policyholder failed to make the payment
line 22 within the grace period provided in subdivision (b).
95
— 2 — AB 290
line 1 (b) If a policyholder fails to timely pay their premium, the
line 2 policyholder shall have a 15-day grace period to pay the
line 3 outstanding premium.
O
95
AB 290 — 3 —
AMENDED IN ASSEMBLY APRIL 24, 2025
AMENDED IN ASSEMBLY APRIL 10, 2025
california legislature—2025–26 regular session
ASSEMBLY BILL No. 348
Introduced by Assembly Member Krell
January 29, 2025
An act to amend Section 5887 of the Welfare and Institutions Code,
relating to behavioral health.
legislative counsel’s digest
AB 348, as amended, Krell. Full-service partnerships.
Existing law, the Mental Health Services Act (MHSA), an initiative
measure enacted by the voters as Proposition 63 at the November 2,
2004, statewide general election, funds a system of county mental health
plans for the provision of mental health services, as specified. The
MHSA establishes the Mental Health Services Fund, a continuously
appropriated fund, which is administered by the State Department of
Health Care Services (department), to fund specified county mental
health programs. Existing law, the Behavioral Health Services Act
(BHSA), a legislative act amending the MHSA that was approved by
the voters as Proposition 1 at the March 5, 2024, statewide primary
election, recast the MHSA by, among other things, renaming the fund
to the Behavioral Health Services Fund and reallocating how moneys
from that fund may be spent. The BHSA requires each county to
establish and administer a full-service partnership program that includes,
among other things, outpatient behavioral health services, as specified,
and housing interventions.
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This bill would establish criteria for an individual with a serious
mental illness to be presumptively eligible for a full-service partnership,
including, among other things, the person is transitioning to the
community after 6 months or more in the state prison or county jail.
The bill would specify that a county is not required to enroll an
individual who meets that presumptive eligibility criteria if doing so
would conflict with contractual Medi-Cal obligations or court orders,
or exceed full-service partnership funding. capacity or funding, as
specified. The bill would make enrollment of a presumptively eligible
individual contingent upon the individual meeting specified criteria
and receiving a recommendation for enrollment by a licensed behavioral
health clinician, as specified. The bill would prohibit deeming an
individual with a serious mental illness ineligible for enrollment in a
full-service partnership solely because their primary diagnosis is a
substance use disorder.
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. The Legislature finds and declares all of the
line 2 following:
line 3 (a) Individuals with serious mental illness face significant
line 4 barriers to accessing necessary services, which results in adverse
line 5 health outcomes and system inefficiencies.
line 6 (b) High-risk individuals with serious mental illness, including
line 7 individuals experiencing homelessness, frequent psychiatric crises,
line 8 or recent transitions from incarceration or institutional settings,
line 9 are disproportionately affected by gaps in care, which leads to
line 10 repeated hospitalizations, emergency room visits, and interactions
line 11 with the criminal justice system.
line 12 (c) Full-service partnerships have been shown to improve
line 13 outcomes for individuals with serious mental illness by providing
line 14 comprehensive, coordinated care tailored to individual needs.
line 15 (d) Establishing presumptive eligibility for high-risk individuals
line 16 ensures timely access to critical services, which reduces delays
line 17 that exacerbate mental health crises and system costs.
line 18 (e) Presumptive eligibility aligns with California’s goals to
line 19 improve behavioral health equity, reduce health disparities, and
line 20 advance whole-person care for individuals with complex needs.
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line 1 SEC. 2. Section 5887 of the Welfare and Institutions Code is
line 2 amended to read:
line 3 5887. (a) Each county shall establish and administer a
line 4 full-service partnership program that include the following services:
line 5 (1) Mental health services, supportive services, and substance
line 6 use disorder treatment services.
line 7 (2) Assertive Community Treatment and Forensic Assertive
line 8 Community Treatment fidelity, Individual Placement and Support
line 9 model of Supported Employment, high fidelity wraparound, or
line 10 other evidence-based services and treatment models, as specified
line 11 by the State Department of Health Care Services. Counties with
line 12 a population of less than 200,000 may request an exemption from
line 13 these requirements. Exemption requests shall be subject to approval
line 14 by the State Department of Health Care Services. The State
line 15 Department of Health Care Services shall collaborate with the
line 16 California State Association of Counties and the County Behavioral
line 17 Health Directors Association of California on reasonable criteria
line 18 for those requests and a timely and efficient exemption process.
line 19 (3) Assertive field-based initiation for substance use disorder
line 20 treatment services, including the provision of medications for
line 21 addiction treatment, as specified by the State Department of Health
line 22 Care Services.
line 23 (4) Outpatient behavioral health services, either clinic or field
line 24 based, necessary for the ongoing evaluation and stabilization of
line 25 an enrolled individual.
line 26 (5) Ongoing engagement services necessary to maintain enrolled
line 27 individuals in their treatment plan inclusive of clinical and
line 28 nonclinical services, including services to support maintaining
line 29 housing.
line 30 (6) Other evidence-based services and treatment models, as
line 31 specified by the State Department of Health Care Services.
line 32 (7) The service planning process pursuant to Sections 5806 or
line 33 5868 and all services identified during the applicable process.
line 34 (8) Housing interventions pursuant to Section 5830.
line 35 (b) (1) (A) Full-service partnership services shall be provided
line 36 pursuant to a whole-person approach that is trauma informed, age
line 37 appropriate, and in partnership with families or an individual’s
line 38 natural supports.
line 39 (B) These services shall be provided in a streamlined and
line 40 coordinated manner so as to reduce any barriers to services.
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AB 348 — 3 —
line 1 (2) Full-service partnership services shall support the individual
line 2 in the recovery process, reduce health disparities, and be provided
line 3 for the length of time identified during the service planning process
line 4 pursuant to Sections 5806 and 5868.
line 5 (c) Full-service partnership programs shall employ
line 6 community-defined evidence practices, as specified by the State
line 7 Department of Health Care Services.
line 8 (d) (1) (A) Full-service partnership programs shall enroll
line 9 eligible adults and older adults, as defined in Section 5892, who
line 10 meet the priority population criteria specified in subdivision (d)
line 11 of Section 5892 and other criteria, as specified by the State
line 12 Department of Health Care Services.
line 13 (B) Full-service partnership programs shall enroll eligible
line 14 children and youth, as defined in Section 5892.
line 15 (2) (A) An individual with a serious mental illness is
line 16 presumptively eligible for a full-service partnership if they meet
line 17 one or more of the following criteria:
line 18 (i) Is currently experiencing unsheltered homelessness as
line 19 described in Section 91.5 of Title 24 of the Code of Federal
line 20 Regulations.
line 21 (ii) Is transitioning to the community after six months or more
line 22 in a secured treatment or residential setting, including, but not
line 23 limited to, a mental health rehabilitation center, institution for
line 24 mental disease, or secured skilled nursing facility, or out-of-county
line 25 placement. facility.
line 26 (iii) Has experienced two or more emergency department visits
line 27 related to a serious mental illness or a psychiatric event in the last
line 28 six months.
line 29 (iii) Has been detained five or more times pursuant to Section
line 30 5150 over the last five years.
line 31 (iv) Is transitioning to the community after six months or more
line 32 in the state prison or county jail.
line 33 (v) Has experienced two or more arrests in the last six months.
line 34 (B) A county is not required to enroll an individual who meets
line 35 the presumptive eligibility criteria in subparagraph (A) if doing
line 36 so would conflict with contractual Medi-Cal obligations or court
line 37 orders, or exceed full-service partnership capacity or funding
line 38 pursuant to Section 5892.
line 39 (C) Enrollment of a presumptively eligible individual pursuant
line 40 to subparagraph (A) shall be contingent upon both of the following:
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— 4 — AB 348
line 1 (i) The individual meets the criteria established pursuant to
line 2 subdivision (e).
line 3 (ii) The individual receives a recommendation by a licensed
line 4 behavioral health clinician who, after assessing the individual’s
line 5 mental health needs, finds enrollment appropriate. This
line 6 recommendation shall be documented in the individual’s clinical
line 7 record.
line 8 (3) An individual with a serious mental illness shall not be
line 9 deemed ineligible for enrollment in a full-service partnership solely
line 10 because their primary diagnosis is a substance use disorder.
line 11 (e) Full-service partnership programs shall have an established
line 12 standard of care with levels based on an individual’s acuity and
line 13 criteria for step-down into the least intensive level of care, as
line 14 specified by the State Department of Health Care Services, in
line 15 consultation with the Behavioral Health Services Oversight and
line 16 Accountability Commission, counties, providers, and other
line 17 stakeholders.
line 18 (f) All behavioral health services, as defined in subdivision (k)
line 19 of Section 5892, and supportive services provided to a client
line 20 enrolled in a full-service partnership shall be paid from the funds
line 21 allocated pursuant to paragraph (2) of subdivision (a) of Section
line 22 5892, subject to Section 5891.
line 23 (g) (1) The clinical record of each client participating in a
line 24 full-service partnership program shall describe all services
line 25 identified during the service planning process pursuant to Sections
line 26 5806 and 5868 that are provided to the client pursuant to this
line 27 section.
line 28 (2) The State Department of Health Care Services may develop
line 29 and revise documentation standards for service planning to be
line 30 consistent with the standards developed pursuant to paragraph (3)
line 31 of subdivision (h) of Section 14184.402.
line 32 (3) Documentation of the service planning process in the client’s
line 33 clinical record pursuant to paragraph (1) may fulfill the
line 34 documentation requirements for both the Medi-Cal program and
line 35 this section.
line 36 (h) For purposes of this part, the following definitions shall
line 37 apply:
line 38 (1) “Community-defined evidence practices” means an
line 39 alternative or complement to evidence-based practices that offer
line 40 culturally anchored interventions that reflect the values, practices,
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AB 348 — 5 —
line 1 histories, and lived-experiences of the communities they serve.
line 2 These practices come from the community and the organizations
line 3 that serve them and are found to yield positive results as determined
line 4 by community consensus over time.
line 5 (2) “Substance use disorder treatment services” means those
line 6 services as defined in subdivision (c) of Section 5891.5.
line 7 (3) “Supportive services” means those services necessary to
line 8 support clients’ recovery and wellness, including, but not limited
line 9 to, food, clothing, linkages to needed social services, linkages to
line 10 programs administered by the federal Social Security
line 11 Administration, vocational and education-related services,
line 12 employment assistance, including supported employment,
line 13 psychosocial rehabilitation, family engagement, psychoeducation,
line 14 transportation assistance, occupational therapy provided by an
line 15 occupational therapist, and group and individual activities that
line 16 promote a sense of purpose and community participation.
line 17 (i) This section shall be implemented only to the extent that
line 18 funds are provided from the Behavioral Health Services Fund for
line 19 purposes of this section. This section does not obligate the counties
line 20 to use funds from any other source for services pursuant to this
line 21 section.
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AMENDED IN ASSEMBLY MARCH 24, 2025
AMENDED IN ASSEMBLY MARCH 5, 2025
california legislature—2025–26 regular session
ASSEMBLY BILL No. 544
Introduced by Assembly Member Davies
February 11, 2025
An act to amend Sections 21201 and 21212 of the Vehicle Code,
relating to vehicles.
legislative counsel’s digest
AB 544, as amended, Davies. Electric bicycles: required equipment.
(1) Existing law requires a bicycle, as defined, bicycle operated during
darkness on a highway, sidewalk, or bikeway to be equipped with,
among other things, a red reflector or a solid or flashing red light with
a built-in reflector on the rear that is visible from a distance of 500 feet
to the rear when directly in front of lawful upper beams of headlamps
on a motor vehicle. Existing law defines “bicycle” for these purposes
to, among other things, include an electric bicycle. Existing law defines
an electric bicycle as a bicycle equipped with fully operable pedals and
an electric motor that does not exceed 750 watts of power and
categorizes electric bicycles into 3 classes. A violation of the provisions
relating to the requirements for equipping a bicycle or an electric bicycle
is punishable as an infraction.
This bill would require an electric bicycle during all hours to be
equipped with a red reflector or a solid or flashing red light with a
built-in reflector on the rear that is visible from a distance of 500 feet
to the rear when directly in front of lawful upper beams of headlamps
on a motor vehicle. By expanding the requirements for equipping an
97
electric bicycle, the violation of which would be a crime, this bill would
expand an existing crime, thereby imposing a state-mandated local
program.
(2) Existing law requires a minor to wear a properly fitted and
fastened helmet when engaged in specified activities, including operating
a bicycle, nonmotorized scooter, or skateboard or wearing in-line or
roller skates, skates and requires that the helmet meet the standards of
the American Society for Testing and Materials or the United States
Consumer Product Safety Commission. Existing law prohibits a record
of a violation of those provisions from being transmitted to the court
and prohibits the imposition of a fee if the parent or guardian of the
minor delivers proof that the minor has a helmet that meets specific
standards and has completed a bicycle safety course, as specified.
Existing law prohibits a person from selling or offering for sale a helmet
that does not meet these safety standards. Existing law makes a violation
of these provisions an infraction punishable by a fine of not more than
$25, except as specified.
This bill would require a minor to wear a properly fitted and fastened
helmet that meets specified standards when operating an electric bicycle.
For would, for a violation of these provisions, the bill would provisions
involving an electric bicycle, prohibit a record of a violation from being
transmitted to the court and the imposition of a fee if the parent or
guardian of the minor delivers proof that the minor has a helmet that
meets the specified safety standards and has completed a specialized
electric bicycle safety course, as specified. This course. The bill would
also specify that the specialized electric bicycle safety course developed
by the Department of the California Highway Patrol satisfies the
requirement that a person complete a specialized electric bicycle safety
course. The bill would prohibit a person from selling or offering to sell
a helmet for an electric bicycle that does not meet the specified safety
standards. By imposing new requirements with respect to electric
bicycles, the violation of which would be an infraction, this bill would
impose a state-mandated local program.
(3) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
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The people of the State of California do enact as follows:
line 1 SECTION 1. Section 21201 of the Vehicle Code is amended
line 2 to read:
line 3 21201. (a) A person shall not operate a bicycle on a roadway
line 4 unless it is equipped with a brake that will enable the operator to
line 5 make one braked wheel skid on dry, level, clean pavement.
line 6 (b) A person shall not operate on the highway a bicycle equipped
line 7 with handlebars so raised that the operator must elevate their hands
line 8 above the level of their shoulders in order to grasp the normal
line 9 steering grip area.
line 10 (c) A person shall not operate upon a highway a bicycle that is
line 11 of a size that prevents the operator from safely stopping the bicycle,
line 12 supporting it in an upright position with at least one foot on the
line 13 ground, and restarting it in a safe manner.
line 14 (d) A bicycle or an electric bicycle operated during darkness
line 15 on a highway, a sidewalk where bicycle operation is not prohibited
line 16 by the local jurisdiction, or a bikeway, as defined in Section 890.4
line 17 of the Streets and Highways Code, shall be equipped with all of
line 18 the following:
line 19 (1) A lamp emitting a white light that, while the bicycle is in
line 20 motion, illuminates the highway, sidewalk, or bikeway in front of
line 21 the bicyclist and is visible from a distance of 300 feet in front and
line 22 from the sides of the bicycle.
line 23 (2) A red reflector or a solid or flashing red light with a built-in
line 24 reflector on the rear that shall be visible from a distance of 500
line 25 feet to the rear when directly in front of lawful upper beams of
line 26 headlamps on a motor vehicle.
line 27 (3) A white or yellow reflector on each pedal, shoe, or ankle
line 28 visible from the front and rear of the bicycle from a distance of
line 29 200 feet.
line 30 (4) A white or yellow reflector on each side forward of the
line 31 center of the bicycle, and a white or red reflector on each side to
line 32 the rear of the center of the bicycle, except that bicycles that are
line 33 equipped with reflectorized tires on the front and the rear need not
line 34 be equipped with these side reflectors.
line 35 The reflectors and reflectorized tires shall be of a type meeting
line 36 requirements established by the department.
line 37 (e) A lamp or lamp combination, emitting a white light, attached
line 38 to the operator and visible from a distance of 300 feet in front and
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AB 544 — 3 —
line 1 from the sides of the bicycle, may be used in lieu of the lamp
line 2 required by paragraph (1) of subdivision (d).
line 3 (f) An electric bicycle shall comply with paragraph (2) of
line 4 subdivision (d) during all hours.
line 5 SEC. 2. Section 21212 of the Vehicle Code is amended to read:
line 6 21212. (a) (1) A person under 18 years of age shall not operate
line 7 a bicycle, a nonmotorized scooter, or a skateboard, wear in-line
line 8 or roller skates, or ride upon a bicycle, nonmotorized scooter, or
line 9 skateboard as a passenger upon a street, bikeway, as defined in
line 10 Section 890.4 of the Streets and Highways Code, or any other
line 11 public bicycle path or trail unless they are wearing a properly fitted
line 12 and fastened bicycle helmet that meets the standards of either the
line 13 American Society for Testing and Materials (ASTM) or the United
line 14 States Consumer Product Safety Commission (CPSC), or a standard
line 15 subsequently established by those entities. This requirement also
line 16 applies to a person who rides upon a bicycle while in a restraining
line 17 seat that is attached to the bicycle or in a trailer towed by the
line 18 bicycle.
line 19 (2) A person under 18 years of age shall not operate an electric
line 20 bicycle upon a street, bikeway, as defined in Section 890.4 of the
line 21 Streets and Highways Code, or any other public bicycle path or
line 22 trail unless they are wearing a properly fitted and fastened bicycle
line 23 helmet that meets the NTA-8776 standard or a helmet approved
line 24 by either the ASTM or the CPSC with a multidirectional impact
line 25 protection system (MIPS) designation.
line 26 (b) (1) A helmet sold or offered for sale for use by an operator
line 27 or passenger of a bicycle, nonmotorized scooter, skateboard, or
line 28 in-line or roller skates shall be conspicuously labeled in accordance
line 29 with the standard described in paragraph (1) of subdivision (a),
line 30 which shall constitute the manufacturer’s certification that the
line 31 helmet conforms to the applicable safety standard.
line 32 (2) A helmet sold or offered for sale for use by an operator or
line 33 passenger of an electric bicycle shall be conspicuously labeled in
line 34 accordance with the standard described in paragraph (2) of
line 35 subdivision (a), which shall constitute the manufacturer’s
line 36 certification that the helmet conforms to the applicable safety
line 37 standard.
line 38 (c) A person shall not sell or offer for sale, for use by an operator
line 39 or passenger of a bicycle, nonmotorized scooter, electric bicycle,
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— 4 — AB 544
line 1 skateboard, or in-line or roller skates, a helmet that is not of a type
line 2 meeting requirements established by this section.
line 3 (d) A charge under this section shall be dismissed if the person
line 4 charged alleges in court, under oath, that the charge against the
line 5 person is the first charge against that person under this section,
line 6 unless it is otherwise established in court that the charge is not the
line 7 first charge against the person.
line 8 (e) (1) Except as provided in subdivision (d), a violation of this
line 9 section is an infraction punishable by a fine of not more than
line 10 twenty-five dollars ($25).
line 11 (2) The parent or legal guardian having control or custody of
line 12 an unemancipated minor whose conduct violates this section shall
line 13 be jointly and severally liable with the minor for the amount of
line 14 the fine imposed pursuant to this subdivision.
line 15 (f) A record of the action shall not be transmitted to the court
line 16 and a fee shall not be imposed pursuant to Section 40611 for a
line 17 citation for not wearing a properly fitted and fastened bicycle
line 18 helmet pursuant to subdivision (a) if the parent or legal guardian
line 19 of the person described in subdivision (a) delivers proof to the
line 20 issuing agency within 120 days after the citation was issued that
line 21 the person has a helmet meeting the requirements specified in
line 22 subdivision (a) and the person has completed an applicable a local
line 23 bicycle safety course, course or, if the violation involved an electric
line 24 bicycle, a specialized electric bicycle safety course, which may
line 25 include, but is not limited to, the electric bicycle safety and training
line 26 program developed by the Department of the California Highway
line 27 Patrol pursuant to Section 894 of the Streets and Highways Code,
line 28 or a related safety course, if one is available, as prescribed by
line 29 authorities in the local jurisdiction.
line 30 (g) Notwithstanding Section 1463 of the Penal Code or any
line 31 other law, the fines collected for a violation of this section shall
line 32 be allocated as follows:
line 33 (1) Seventy-two and one-half percent of the amount collected
line 34 shall be deposited in a special account of the county health
line 35 department, to be used for bicycle, nonmotorized scooter,
line 36 skateboard, and in-line and roller skate safety education and for
line 37 assisting low-income families in obtaining approved bicycle
line 38 helmets for persons under 18 years of age, either on a loan or
line 39 purchase basis. The county may contract for the implementation
line 40 of this program, which, to the extent practicable, shall be operated
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AB 544 — 5 —
line 1 in conjunction with the child passenger restraint program pursuant
line 2 to Section 27360.
line 3 (2) Two and one-half percent of the amount collected shall be
line 4 deposited in the county treasury to be used by the county to
line 5 administer the program described in paragraph (1).
line 6 (3) If the violation occurred within a city, 25 percent of the
line 7 amount collected shall be transferred to, and deposited in, the
line 8 treasury of that city. If the violation occurred in an unincorporated
line 9 area, this 25 percent shall be deposited and used pursuant to
line 10 paragraph (1).
line 11 SEC. 3. No reimbursement is required by this act pursuant to
line 12 Section 6 of Article XIIIB of the California Constitution because
line 13 the only costs that may be incurred by a local agency or school
line 14 district will be incurred because this act creates a new crime or
line 15 infraction, eliminates a crime or infraction, or changes the penalty
line 16 for a crime or infraction, within the meaning of Section 17556 of
line 17 the Government Code, or changes the definition of a crime within
line 18 the meaning of Section 6 of Article XIII B of the California
line 19 Constitution.
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AMENDED IN ASSEMBLY APRIL 24, 2025
AMENDED IN ASSEMBLY MARCH 28, 2025
california legislature—2025–26 regular session
ASSEMBLY BILL No. 650
Introduced by Assembly Member Papan
(Coauthor: Assembly Member Pacheco)
February 13, 2025
An act to amend Sections 65583, 65584, 65584.01, 65584.03,
65584.04, 65584.05, 65585, and 65589.5 and 65585 of the Government
Code, relating to land use.
legislative counsel’s digest
AB 650, as amended, Papan. Planning and zoning: housing element:
regional housing needs allocation.
(1) Existing law, the Planning and Zoning Law, requires each county
and city to adopt a comprehensive, long-term general plan for the
physical development of the county or city, which includes, among
other mandatory elements, a housing element. Existing law requires a
public agency to administer its programs and activities relating to
housing and community development in a manner to affirmatively
further fair housing, and take no action that is materially inconsistent
with its obligation to affirmatively further fair housing. Existing law
defines “affirmatively furthering fair housing,” as provided.
The Planning and Zoning Law requires that a housing element include,
among other things, a program that sets forth a schedule of actions
during the planning period. Existing law requires the Department of
Housing and Community Development to develop a standardized
Revised 5-1-25—See last page.97
reporting format for programs and actions taken pursuant to the
requirement to affirmatively further fair housing.
This bill would require the department to develop the above-described
standardized reporting format on or before December 31, 2026.
(2) Existing law requires, for the 4th and subsequent revisions of the
housing element, the department to determine the existing and projected
need for housing for each region, as specified. Existing law requires
the department, in consultation with the council of governments, to
determine the existing and projected need of housing for each region
at least 2 years prior to the scheduled revision of the housing element,
as provided. Existing law requires the department to meet and consult
with the council of governments regarding the assumptions and
methodology to be used to determine the region’s housing needs at least
26 months prior to the scheduled revision of the housing element, as
provided.
This bill bill, except as specified, would extend the above-described
timeline for the department to determine the existing and projected need
of housing for each region from 2 years to 30 months 3 years prior to
the scheduled revision of the housing element, and the above-described
timeline to meet and consult with a council of governments from at
least 26 months to at least 32 38 months prior to the scheduled revision
of the housing element, respectively.
(3) Existing law authorizes at least 2 or more cities and a county, or
counties, and at least 28 months prior to the scheduled housing element
revision, to form a subregional entity to allocate the subregion’s existing
and projected housing need among its members. If the council of
governments does not receive a notification of this formation at least
28 months prior to the update, existing law requires the council of
governments to implement specified requirements regarding the regional
housing need process. Existing law requires the council of governments
to determine the share of regional housing need assigned to each
delegate subregion at least 25 months prior to the scheduled revision.
This bill would extend the above-described timeline for cities and
counties to form a subregional entity to allocate the subregion’s housing
need, as provided, from 28 months to 34 months, and the
above-described timeline for the council of governments to determine
the share of regional housing need assigned to each subregion from 25
months to 31 months, respectively.
(3)
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— 2 — AB 650
(4) Existing law, at least 2 years before a scheduled revision of the
housing element, as specified, requires each council of governments,
or delegate subregion as applicable, to develop, in consultation with
the department, a proposed methodology for distributing the existing
and projected regional housing need to jurisdictions, as specified.
Existing law, at least 1 1⁄2 years before a scheduled revision of the
housing element, as specified, requires each council of governments
and delegate subregion, as applicable, to distribute a draft allocation of
regional housing needs to each local government in the region or
subregion, where applicable, and the department, as specified.
This bill, except with respect to the 7th housing element cycle for
councils of governments with a housing element revision due date
during the 2027 calendar year, would instead require that the
above-described methodology be developed from at least 2 1⁄2 years
before a scheduled revision of the housing element, and that the
distribution of the draft allocation plan be made at least 2 years before
a scheduled revision of the housing element, respectively.
(4)
(5) Existing law requires a planning agency to submit a copy of its
draft housing element or amendments to its housing element or housing
element revision to the department for review, and requires the
department to notify the city, county, or city and county with written
findings if the department finds that the housing element or the
amendment does not substantially comply with specified law. If the
department finds that the draft housing element or draft amendment is
not in substantial compliance, existing law requires the jurisdiction to
either update the draft to substantially comply with specified law, or
adopt the draft housing element or amendment without changes, as
provided.
This bill would require the department, if the department finds that
a draft element or draft amendment does not substantially comply, as
described above, to (A) identify and explain the specific deficiencies
in the draft element or draft amendment and (B) provide the specific
analysis or text that the department expects the planning agency to
include in the draft element or draft amendment to remedy those
deficiencies, as specified. The bill would require a jurisdiction, in
updating a noncompliant housing element or amendment under the
above-described provisions, to include the specific analysis or text in
its draft element or amendment. The bill would also exempt a
jurisdiction from certain requirements to approve a so-called “builder’s
97
AB 650 — 3 —
remedy project” under specified law for the period during which the
department is reviewing that jurisdiction’s updated draft element or
draft amendment after submission of the updated element or amendment,
as described above, or for 90 days from the date the department notifies
the planning agency of additional deficiencies with the draft, as
provided. The bill would make various conforming changes in this
regard.
(5)
(6) By imposing additional duties on local governments, this bill
would create 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 65583 of the Government Code is
line 2 amended to read:
line 3 65583. The housing element shall consist of an identification
line 4 and analysis of existing and projected housing needs and a
line 5 statement of goals, policies, quantified objectives, financial
line 6 resources, and scheduled programs for the preservation,
line 7 improvement, and development of housing. The housing element
line 8 shall identify adequate sites for housing, including rental housing,
line 9 factory-built housing, mobilehomes, and emergency shelters, and
line 10 shall make adequate provision for the existing and projected needs
line 11 of all economic segments of the community. The housing element
line 12 shall contain all of the following:
line 13 (a) An assessment of housing needs and an inventory of
line 14 resources and constraints that are relevant to the meeting of these
line 15 needs. The assessment and inventory shall include all of the
line 16 following:
line 17 (1) An analysis of population and employment trends and
line 18 documentation of projections and a quantification of the locality’s
line 19 existing and projected housing needs for all income levels. These
97
— 4 — AB 650
line 1 existing and projected needs shall include the locality’s share of
line 2 the regional housing need in accordance with Section 65584.
line 3 (2) An analysis and documentation of household characteristics,
line 4 including level of payment compared to ability to pay, housing
line 5 characteristics, including overcrowding, and housing stock
line 6 condition.
line 7 (3) An inventory of land suitable and available for residential
line 8 development, including vacant sites and sites having realistic and
line 9 demonstrated potential for redevelopment during the planning
line 10 period to meet the locality’s housing need for a designated income
line 11 level, and an analysis of the relationship of zoning and public
line 12 facilities and services to these sites, and an analysis of the
line 13 relationship of the sites identified in the land inventory to the
line 14 jurisdiction’s duty to affirmatively further fair housing.
line 15 (4) (A) The identification of one or more zoning designations
line 16 that allow residential uses, including mixed uses, where emergency
line 17 shelters are allowed as a permitted use without a conditional use
line 18 or other discretionary permit and that are suitable for residential
line 19 uses. The identified zoning designations shall include sufficient
line 20 sites meeting the requirements of subparagraph (H) with sufficient
line 21 capacity, as described in subparagraph (I), to accommodate the
line 22 need for emergency shelter identified in paragraph (7), except that
line 23 each local government shall identify a zoning designation or
line 24 designations that can accommodate at least one year-round
line 25 emergency shelter. If the local government cannot identify a zoning
line 26 designation or designations with sufficient capacity, the local
line 27 government shall include a program to amend its zoning ordinance
line 28 to meet the requirements of this paragraph within one year of the
line 29 adoption of the housing element. The local government may
line 30 identify additional zoning designations where emergency shelters
line 31 are permitted with a conditional use permit. The local government
line 32 shall also demonstrate that existing or proposed permit processing,
line 33 development, and management standards that apply to emergency
line 34 shelters are objective and encourage and facilitate the development
line 35 of, or conversion to, emergency shelters.
line 36 (B) Emergency shelters shall only be subject to the following
line 37 written, objective standards:
line 38 (i) The maximum number of beds or persons permitted to be
line 39 served nightly by the facility.
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AB 650 — 5 —
line 1 (ii) Sufficient parking to accommodate all staff working in the
line 2 emergency shelter, provided that the standards do not require more
line 3 parking for emergency shelters than other residential or commercial
line 4 uses within the same zone.
line 5 (iii) The size and location of exterior and interior onsite waiting
line 6 and client intake areas.
line 7 (iv) The provision of onsite management.
line 8 (v) The proximity to other emergency shelters, provided that
line 9 emergency shelters are not required to be more than 300 feet apart.
line 10 (vi) The length of stay.
line 11 (vii) Lighting.
line 12 (viii) Security during hours that the emergency shelter is in
line 13 operation.
line 14 (C) For purposes of this paragraph, “emergency shelter” shall
line 15 include other interim interventions, including, but not limited to,
line 16 a navigation center, bridge housing, and respite or recuperative
line 17 care.
line 18 (D) The permit processing, development, and management
line 19 standards applied under this paragraph shall not be deemed to be
line 20 discretionary acts within the meaning of the California
line 21 Environmental Quality Act (Division 13 (commencing with Section
line 22 21000) of the Public Resources Code).
line 23 (E) If a local government has adopted written, objective
line 24 standards pursuant to subparagraph (B), the local government shall
line 25 include an analysis of the standards in the analysis of constraints
line 26 pursuant to paragraph (5).
line 27 (F) A local government that can demonstrate, to the satisfaction
line 28 of the department, the existence of one or more emergency shelters
line 29 either within its jurisdiction or pursuant to a multijurisdictional
line 30 agreement that can accommodate that jurisdiction’s need and the
line 31 needs of the other jurisdictions that are a part of the agreement for
line 32 emergency shelter identified in paragraph (7) may comply with
line 33 the zoning requirements of subparagraph (A) by identifying a
line 34 zoning designation where new emergency shelters are allowed
line 35 with a conditional use permit.
line 36 (G) A local government with an existing ordinance or ordinances
line 37 that comply with this paragraph shall not be required to take
line 38 additional action to identify zoning designations for emergency
line 39 shelters. The housing element must only describe how existing
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line 1 ordinances, policies, and standards are consistent with the
line 2 requirements of this paragraph.
line 3 (H) The zoning designation or designations where emergency
line 4 shelters are allowed, as described in subparagraph (A), shall include
line 5 sites that meet at least one of the following standards:
line 6 (i) Vacant sites zoned for residential use.
line 7 (ii) Vacant sites zoned for nonresidential use that allow
line 8 residential development, if the local government can demonstrate
line 9 how the sites with this zoning designation that are being used to
line 10 satisfy the requirements of paragraph (1) are located near amenities
line 11 and services that serve people experiencing homelessness, which
line 12 may include health care, transportation, retail, employment, and
line 13 social services, or that the local government will provide free
line 14 transportation to services or offer services onsite.
line 15 (iii) Nonvacant sites zoned for residential use or for
line 16 nonresidential use that allow residential development that are
line 17 suitable for use as a shelter in the current planning period, or which
line 18 can be redeveloped for use as a shelter in the current planning
line 19 period. A nonvacant site with an existing use shall be presumed
line 20 to impede emergency shelter development absent an analysis based
line 21 on substantial evidence that the use is likely to be discontinued
line 22 during the planning period. The analysis shall consider current
line 23 market demand for the current uses, market conditions, and
line 24 incentives or standards to encourage shelter development.
line 25 (I) The zoning designation or designations shall have sufficient
line 26 sites meeting the requirements of subparagraph (H) to
line 27 accommodate the need for shelters identified pursuant to paragraph
line 28 (7). The number of people experiencing homelessness that can be
line 29 accommodated on any site shall be demonstrated by dividing the
line 30 square footage of the site by a minimum of 200 square feet per
line 31 person, unless the locality can demonstrate that one or more
line 32 shelters were developed on sites that have fewer square feet per
line 33 person during the prior planning period or the locality provides
line 34 similar evidence to the department demonstrating that the site can
line 35 accommodate more people experiencing homelessness. Any
line 36 standard applied pursuant to this subparagraph is intended only
line 37 for calculating site capacity pursuant to this section, and shall not
line 38 be construed as establishing a development standard applicable to
line 39 the siting, development, or approval of a shelter.
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AB 650 — 7 —
line 1 (J) Notwithstanding subparagraph (H), a local government may
line 2 accommodate the need for emergency shelters identified pursuant
line 3 to paragraph (7) on sites owned by the local government if it
line 4 demonstrates with substantial evidence that the sites will be made
line 5 available for emergency shelter during the planning period, they
line 6 are suitable for residential use, and the sites are located near
line 7 amenities and services that serve people experiencing
line 8 homelessness, which may include health care, transportation, retail,
line 9 employment, and social services, or that the local government will
line 10 provide free transportation to services or offer services onsite.
line 11 (5) An analysis of potential and actual governmental constraints
line 12 upon the maintenance, improvement, or development of housing
line 13 for all income levels, including the types of housing identified in
line 14 paragraph (1) of subdivision (c), and for persons with disabilities
line 15 as identified in the analysis pursuant to paragraph (7), including
line 16 land use controls, building codes and their enforcement, site
line 17 improvements, fees, and other exactions required of developers,
line 18 local processing and permit procedures, historic preservation
line 19 practices and policies and an assessment of how existing and
line 20 proposed historic designations affect the locality’s ability to meet
line 21 its share of the housing need pursuant to paragraph (1), and any
line 22 locally adopted ordinances that directly impact the cost and supply
line 23 of residential development. The analysis shall also demonstrate
line 24 local efforts to remove governmental constraints that hinder the
line 25 locality from meeting its share of the regional housing need in
line 26 accordance with Section 65584 and from meeting the need for
line 27 housing for persons with disabilities, supportive housing,
line 28 transitional housing, and emergency shelters identified pursuant
line 29 to paragraph (7).
line 30 (6) An analysis of potential and actual nongovernmental
line 31 constraints upon the maintenance, improvement, or development
line 32 of housing for all income levels, including the availability of
line 33 financing, the price of land, the cost of construction, the requests
line 34 to develop housing at densities below those anticipated in the
line 35 analysis required by subdivision (c) of Section 65583.2, and the
line 36 length of time between receiving approval for a housing
line 37 development and submittal of an application for building permits
line 38 for that housing development that hinder the construction of a
line 39 locality’s share of the regional housing need in accordance with
line 40 Section 65584. The analysis shall also demonstrate local efforts
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line 1 to remove nongovernmental constraints that create a gap between
line 2 the locality’s planning for the development of housing for all
line 3 income levels and the construction of that housing.
line 4 (7) (A) An analysis of any special housing needs, such as those
line 5 of the elderly; persons with disabilities, including a developmental
line 6 disability, as defined in Section 4512 of the Welfare and
line 7 Institutions Code; extremely low income households; large
line 8 families; farmworkers; families with female heads of households;
line 9 and families and persons in need of emergency shelter. The need
line 10 for emergency shelter shall be assessed based on the capacity
line 11 necessary to accommodate the most recent homeless point-in-time
line 12 count conducted before the start of the planning period, the need
line 13 for emergency shelter based on number of beds available on a
line 14 year-round and seasonal basis, the number of shelter beds that go
line 15 unused on an average monthly basis within a one-year period, and
line 16 the percentage of those in emergency shelters that move to
line 17 permanent housing solutions. The need for emergency shelter may
line 18 be reduced by the number of supportive housing units that are
line 19 identified in an adopted 10-year plan to end chronic homelessness
line 20 and that are either vacant or for which funding has been identified
line 21 to allow construction during the planning period. An analysis of
line 22 special housing needs by a city or county may include an analysis
line 23 of the need for frequent user coordinated care housing services.
line 24 (B) For the seventh and subsequent revisions of the housing
line 25 element, the analysis required in subparagraph (A) shall also
line 26 include an analysis of the housing needs of acutely and extremely
line 27 low income households.
line 28 (8) An analysis of opportunities for energy conservation with
line 29 respect to residential development. Cities and counties are
line 30 encouraged to include weatherization and energy efficiency
line 31 improvements as part of publicly subsidized housing rehabilitation
line 32 projects. This may include energy efficiency measures that
line 33 encompass the building envelope, its heating and cooling systems,
line 34 and its electrical system.
line 35 (9) An analysis of existing assisted housing developments that
line 36 are eligible to change from low-income housing uses during the
line 37 next 10 years due to termination of subsidy contracts, mortgage
line 38 prepayment, or expiration of restrictions on use. “Assisted housing
line 39 developments,” for the purpose of this section, shall mean
line 40 multifamily rental housing that receives governmental assistance
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AB 650 — 9 —
line 1 under federal programs listed in subdivision (a) of Section
line 2 65863.10, state and local multifamily revenue bond programs,
line 3 local redevelopment programs, the federal Community
line 4 Development Block Grant Program, or local in-lieu fees. “Assisted
line 5 housing developments” shall also include multifamily rental units
line 6 that were developed pursuant to a local inclusionary housing
line 7 program or used to qualify for a density bonus pursuant to Section
line 8 65916.
line 9 (A) The analysis shall include a listing of each development by
line 10 project name and address, the type of governmental assistance
line 11 received, the earliest possible date of change from low-income
line 12 use, and the total number of elderly and nonelderly units that could
line 13 be lost from the locality’s low-income housing stock in each year
line 14 during the 10-year period. For purposes of state and federally
line 15 funded projects, the analysis required by this subparagraph need
line 16 only contain information available on a statewide basis.
line 17 (B) The analysis shall estimate the total cost of producing new
line 18 rental housing that is comparable in size and rent levels, to replace
line 19 the units that could change from low-income use, and an estimated
line 20 cost of preserving the assisted housing developments. This cost
line 21 analysis for replacement housing may be done aggregately for
line 22 each five-year period and does not have to contain a
line 23 project-by-project cost estimate.
line 24 (C) The analysis shall identify public and private nonprofit
line 25 corporations known to the local government that have legal and
line 26 managerial capacity to acquire and manage these housing
line 27 developments.
line 28 (D) The analysis shall identify and consider the use of all federal,
line 29 state, and local financing and subsidy programs that can be used
line 30 to preserve, for lower income households, the assisted housing
line 31 developments, identified in this paragraph, including, but not
line 32 limited to, federal Community Development Block Grant Program
line 33 funds, tax increment funds received by a redevelopment agency
line 34 of the community, and administrative fees received by a housing
line 35 authority operating within the community. In considering the use
line 36 of these financing and subsidy programs, the analysis shall identify
line 37 the amounts of funds under each available program that have not
line 38 been legally obligated for other purposes and that could be
line 39 available for use in preserving assisted housing developments.
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line 1 (b) (1) A statement of the community’s goals, quantified
line 2 objectives, and policies relative to affirmatively furthering fair
line 3 housing and to the maintenance, preservation, improvement, and
line 4 development of housing.
line 5 (2) It is recognized that the total housing needs identified
line 6 pursuant to subdivision (a) may exceed available resources and
line 7 the community’s ability to satisfy this need within the content of
line 8 the general plan requirements outlined in Article 5 (commencing
line 9 with Section 65300). Under these circumstances, the quantified
line 10 objectives need not be identical to the total housing needs. The
line 11 quantified objectives shall establish the maximum number of
line 12 housing units by income category that can be constructed,
line 13 rehabilitated, and conserved over a five-year time period.
line 14 (c) A program that sets forth a schedule of actions during the
line 15 planning period, each with a timeline for implementation, that may
line 16 recognize that certain programs are ongoing, such that there will
line 17 be beneficial impacts of the programs within the planning period,
line 18 that the local government is undertaking or intends to undertake
line 19 to implement the policies and achieve the goals and objectives of
line 20 the housing element through the administration of land use and
line 21 development controls, the provision of regulatory concessions and
line 22 incentives, the utilization of appropriate federal and state financing
line 23 and subsidy programs when available, and the utilization of moneys
line 24 in a low- and moderate-income housing fund of an agency if the
line 25 locality has established a redevelopment project area pursuant to
line 26 the Community Redevelopment Law (Division 24 (commencing
line 27 with Section 33000) of the Health and Safety Code). In order to
line 28 make adequate provision for the housing needs of all economic
line 29 segments of the community, the program shall do all of the
line 30 following:
line 31 (1) Identify actions that will be taken to make sites available
line 32 during the planning period with appropriate zoning and
line 33 development standards and with services and facilities to
line 34 accommodate that portion of the city’s or county’s share of the
line 35 regional housing need for all income levels that could not be
line 36 accommodated on sites identified in the inventory completed
line 37 pursuant to paragraph (3) of subdivision (a) without rezoning, and
line 38 to comply with the requirements of Section 65584.09. Sites shall
line 39 be identified as needed to affirmatively further fair housing and
line 40 to facilitate and encourage the development of a variety of types
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AB 650 — 11 —
line 1 of housing for all income levels, including multifamily rental
line 2 housing, factory-built housing, mobilehomes, housing for
line 3 agricultural employees, supportive housing, single-room occupancy
line 4 units, emergency shelters, and transitional housing.
line 5 (A) Where the inventory of sites, pursuant to paragraph (3) of
line 6 subdivision (a), does not identify adequate sites to accommodate
line 7 the need for groups of all household income levels pursuant to
line 8 Section 65584, a program for rezoning of those sites, subject to
line 9 the following deadlines:
line 10 (i) For the adoption of the sixth revision of the housing element,
line 11 jurisdictions with an eight-year housing element planning period
line 12 pursuant to Section 65588, including adoption of minimum density
line 13 and development standards or, for a jurisdiction in the coastal zone,
line 14 any necessary local coastal program amendments related to land
line 15 use designations, changes in intensity of land use, zoning
line 16 ordinances, or zoning district maps, consistent with Sections 30512,
line 17 30512.2, 30513, and 30514 of the Public Resources Code, shall
line 18 be completed no later than three years after either the date the
line 19 housing element is adopted pursuant to subdivision (f) of Section
line 20 65585 or the date that is 90 days after receipt of comments from
line 21 the department pursuant to subdivision (b) of Section 65585,
line 22 whichever is earlier, unless the deadline is extended pursuant to
line 23 subdivision (f). Notwithstanding the foregoing, for a local
line 24 government that fails to adopt a housing element that the
line 25 department has found to be in substantial compliance with this
line 26 article within 120 days of the statutory deadline in Section 65588
line 27 for adoption of the housing element, rezoning of those sites,
line 28 including adoption of minimum density and development standards
line 29 or, for a jurisdiction in the coastal zone, any necessary local coastal
line 30 program amendments related to land use designations, changes in
line 31 intensity of land use, zoning ordinances, or zoning district maps,
line 32 consistent with Sections 30512, 30512.2, 30513, and 30514 of the
line 33 Public Resources Code, shall be completed no later than one year
line 34 from the statutory deadline in Section 65588 for adoption of the
line 35 housing element.
line 36 (ii) For adoption of the seventh and all subsequent revisions of
line 37 the housing element, rezonings shall be completed no later than
line 38 one year from the statutory deadline in Section 65588 for adoption
line 39 of the housing element.
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line 1 (iii) Notwithstanding clause (ii), for the adoption of the seventh
line 2 and all subsequent revisions of the housing element, rezonings
line 3 shall be completed no later than three years and 90 days after the
line 4 statutory deadline in Section 65588 for adoption of the housing
line 5 element, unless the deadline is extended pursuant to subdivision
line 6 (f). This clause shall apply only if the local government complies
line 7 with all of the following:
line 8 (I) The local government submits a draft element or draft
line 9 amendment to the department for review pursuant to paragraph
line 10 (1) of subdivision (b) of Section 65585 at least 90 days before the
line 11 statutory deadline established in Section 65588 for adoption of the
line 12 housing element.
line 13 (II) The local government receives from the department findings
line 14 that the draft element or draft amendment substantially complies
line 15 with this article pursuant to paragraph (3) of subdivision (b) of
line 16 Section 65585 on or before the statutory deadline set forth in
line 17 Section 65588 for adoption of the housing element.
line 18 (III) The local government adopts the draft element or draft
line 19 amendment that the department found to substantially comply with
line 20 this article no later than 120 days after the statutory deadline set
line 21 forth in Section 65588.
line 22 (B) Where the inventory of sites, pursuant to paragraph (3) of
line 23 subdivision (a), does not identify adequate sites to accommodate
line 24 the need for groups of all household income levels pursuant to
line 25 Section 65584, the program shall identify sites that can be
line 26 developed for housing within the planning period pursuant to
line 27 subdivision (h) of Section 65583.2. The identification of sites shall
line 28 include all components specified in Section 65583.2.
line 29 (C) Where the inventory of sites pursuant to paragraph (3) of
line 30 subdivision (a) does not identify adequate sites to accommodate
line 31 the need for farmworker housing, the program shall provide for
line 32 sufficient sites to meet the need with zoning that permits
line 33 farmworker housing use by right, including density and
line 34 development standards that could accommodate and facilitate the
line 35 feasibility of the development of farmworker housing for low- and
line 36 very low income households.
line 37 (2) (A) Assist in the development of adequate housing to meet
line 38 the needs of extremely low, very low, low-, and moderate-income
line 39 households.
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AB 650 — 13 —
line 1 (B) For the seventh and subsequent revisions of the housing
line 2 element, the program shall also assist in the development of
line 3 adequate housing to meet the needs of acutely low income
line 4 households.
line 5 (3) Address and, where appropriate and legally possible, remove
line 6 governmental and nongovernmental constraints to the maintenance,
line 7 improvement, and development of housing, including housing for
line 8 all income levels and housing for persons with disabilities. The
line 9 program shall remove constraints to, and provide reasonable
line 10 accommodations for housing designed for, intended for occupancy
line 11 by, or with supportive services for, persons with disabilities.
line 12 Transitional housing and supportive housing shall be considered
line 13 a residential use of property and shall be subject only to those
line 14 restrictions that apply to other residential dwellings of the same
line 15 type in the same zone. Supportive housing, as defined in Section
line 16 65650, shall be a use by right in all zones where multifamily and
line 17 mixed uses are permitted, as provided in Article 11 (commencing
line 18 with Section 65650).
line 19 (4) Conserve and improve the condition of the existing
line 20 affordable housing stock, which may include addressing ways to
line 21 mitigate the loss of dwelling units demolished by public or private
line 22 action.
line 23 (5) Promote and affirmatively further fair housing opportunities
line 24 and promote housing throughout the community or communities
line 25 for all persons regardless of race, religion, sex, marital status,
line 26 ancestry, national origin, color, familial status, or disability, and
line 27 other characteristics protected by the California Fair Employment
line 28 and Housing Act (Part 2.8 (commencing with Section 12900) of
line 29 Division 3 of Title 2), Section 65008, and any other state and
line 30 federal fair housing and planning law.
line 31 (6) Preserve for lower income households the assisted housing
line 32 developments identified pursuant to paragraph (9) of subdivision
line 33 (a). The program for preservation of the assisted housing
line 34 developments shall utilize, to the extent necessary, all available
line 35 federal, state, and local financing and subsidy programs identified
line 36 in paragraph (9) of subdivision (a), except where a community has
line 37 other urgent needs for which alternative funding sources are not
line 38 available. The program may include strategies that involve local
line 39 regulation and technical assistance.
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line 1 (7) Develop a plan that incentivizes and promotes the creation
line 2 of accessory dwelling units that can be offered at affordable rent,
line 3 as defined in Section 50053 of the Health and Safety Code, for
line 4 very low, low-, or moderate-income households. For purposes of
line 5 this paragraph, “accessory dwelling units” has the same meaning
line 6 as “accessory dwelling unit” as defined in subdivision (a) of
line 7 Section 66313.
line 8 (8) Include an identification of the agencies and officials
line 9 responsible for the implementation of the various actions and the
line 10 means by which consistency will be achieved with other general
line 11 plan elements and community goals.
line 12 (9) Include a diligent effort by the local government to achieve
line 13 public participation of all economic segments of the community
line 14 in the development of the housing element, and the program shall
line 15 describe this effort.
line 16 (10) (A) Affirmatively further fair housing in accordance with
line 17 Chapter 15 (commencing with Section 8899.50) of Division 1 of
line 18 Title 2. The program shall include an assessment of fair housing
line 19 in the jurisdiction that shall include all of the following
line 20 components:
line 21 (i) A summary of fair housing issues in the jurisdiction and an
line 22 assessment of the jurisdiction’s fair housing enforcement and fair
line 23 housing outreach capacity.
line 24 (ii) An analysis of available federal, state, and local data and
line 25 knowledge to identify integration and segregation patterns and
line 26 trends, racially or ethnically concentrated areas of poverty and
line 27 affluence, disparities in access to opportunity, and disproportionate
line 28 housing needs, including displacement risk. The analysis shall
line 29 identify and examine such patterns, trends, areas, disparities, and
line 30 needs, both within the jurisdiction and comparing the jurisdiction
line 31 to the region in which it is located, based on race and other
line 32 characteristics protected by the California Fair Employment and
line 33 Housing Act (Part 2.8 (commencing with Section 12900) of
line 34 Division 3 of Title 2) and Section 65008.
line 35 (iii) An assessment of the contributing factors, including the
line 36 local and regional historical origins and current policies and
line 37 practices, for the fair housing issues identified under clauses (i)
line 38 and (ii).
line 39 (iv) An identification of the jurisdiction’s fair housing priorities
line 40 and goals, giving highest priority to those factors identified in
97
AB 650 — 15 —
line 1 clause (iii) that limit or deny fair housing choice or access to
line 2 opportunity, or negatively impact fair housing or civil rights
line 3 compliance, and identifying the metrics and milestones for
line 4 determining what fair housing results will be achieved.
line 5 (v) Strategies and actions to implement those priorities and
line 6 goals, which may include, but are not limited to, enhancing
line 7 mobility strategies and encouraging development of new affordable
line 8 housing in areas of opportunity, as well as place-based strategies
line 9 to encourage community revitalization, including preservation of
line 10 existing affordable housing, and protecting existing residents from
line 11 displacement.
line 12 (B) A jurisdiction that completes or revises an assessment of
line 13 fair housing pursuant to Subpart A (commencing with Section
line 14 5.150) of Part 5 of Subtitle A of Title 24 of the Code of Federal
line 15 Regulations, as published in Volume 80 of the Federal Register,
line 16 Number 136, page 42272, dated July 16, 2015, or an analysis of
line 17 impediments to fair housing choice in accordance with the
line 18 requirements of Section 91.225 of Title 24 of the Code of Federal
line 19 Regulations in effect before August 17, 2015, may incorporate
line 20 relevant portions of that assessment or revised assessment of fair
line 21 housing or analysis or revised analysis of impediments to fair
line 22 housing into its housing element.
line 23 (C) (i) The requirements of this paragraph shall apply to housing
line 24 elements due to be revised pursuant to Section 65588 on or after
line 25 January 1, 2021.
line 26 (ii) The assessment required pursuant to this paragraph shall be
line 27 completed before the planning agency makes its first draft revision
line 28 of a housing element available for public comment pursuant to
line 29 subdivision (b) of Section 65585.
line 30 (D) (i) On or before December 31, 2026, the department shall
line 31 develop a standardized reporting format for programs and actions
line 32 taken pursuant to this paragraph. The standardized reporting format
line 33 shall enable the reporting of all of the assessment components
line 34 listed in subparagraph (A) and, at a minimum, include all of the
line 35 following fields:
line 36 (I) Timelines for implementation.
line 37 (II) Responsible party or parties.
line 38 (III) Resources committed from the local budget to affirmatively
line 39 further fair housing.
line 40 (IV) Action areas.
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line 1 (V) Potential impacts of the program.
line 2 (ii) A local government shall utilize the standardized report
line 3 format developed pursuant to this subparagraph for the seventh
line 4 and each subsequent revision of the housing element.
line 5 (d) (1) A local government may satisfy all or part of its
line 6 requirement to identify a zone or zones suitable for the
line 7 development of emergency shelters pursuant to paragraph (4) of
line 8 subdivision (a) by adopting and implementing a multijurisdictional
line 9 agreement, with a maximum of two other adjacent communities,
line 10 that requires the participating jurisdictions to develop at least one
line 11 year-round emergency shelter within two years of the beginning
line 12 of the planning period.
line 13 (2) The agreement shall allocate a portion of the new shelter
line 14 capacity to each jurisdiction as credit toward its emergency shelter
line 15 need, and each jurisdiction shall describe how the capacity was
line 16 allocated as part of its housing element.
line 17 (3) Each member jurisdiction of a multijurisdictional agreement
line 18 shall describe in its housing element all of the following:
line 19 (A) How the joint facility will meet the jurisdiction’s emergency
line 20 shelter need.
line 21 (B) The jurisdiction’s contribution to the facility for both the
line 22 development and ongoing operation and management of the
line 23 facility.
line 24 (C) The amount and source of the funding that the jurisdiction
line 25 contributes to the facility.
line 26 (4) The aggregate capacity claimed by the participating
line 27 jurisdictions in their housing elements shall not exceed the actual
line 28 capacity of the shelter.
line 29 (e) Except as otherwise provided in this article, amendments to
line 30 this article that alter the required content of a housing element
line 31 shall apply to both of the following:
line 32 (1) A housing element or housing element amendment prepared
line 33 pursuant to subdivision (e) of Section 65588 or Section 65584.02,
line 34 when a city, county, or city and county submits a draft to the
line 35 department for review pursuant to Section 65585 more than 90
line 36 days after the effective date of the amendment to this section.
line 37 (2) Any housing element or housing element amendment
line 38 prepared pursuant to subdivision (e) of Section 65588 or Section
line 39 65584.02, when the city, county, or city and county fails to submit
97
AB 650 — 17 —
line 1 the first draft to the department before the due date specified in
line 2 Section 65588 or 65584.02.
line 3 (f) The deadline for completing required rezoning pursuant to
line 4 subparagraph (A) of paragraph (1) of subdivision (c) shall be
line 5 extended by one year if the local government has completed the
line 6 rezoning at densities sufficient to accommodate at least 75 percent
line 7 of the units for lower income households and if the legislative
line 8 body at the conclusion of a public hearing determines, based upon
line 9 substantial evidence, that any of the following circumstances exists:
line 10 (1) The local government has been unable to complete the
line 11 rezoning because of the action or inaction beyond the control of
line 12 the local government of any other state, federal, or local agency.
line 13 (2) The local government is unable to complete the rezoning
line 14 because of infrastructure deficiencies due to fiscal or regulatory
line 15 constraints.
line 16 (3) The local government must undertake a major revision to
line 17 its general plan in order to accommodate the housing-related
line 18 policies of a sustainable communities strategy or an alternative
line 19 planning strategy adopted pursuant to Section 65080.
line 20 The resolution and the findings shall be transmitted to the
line 21 department together with a detailed budget and schedule for
line 22 preparation and adoption of the required rezonings, including plans
line 23 for citizen participation and expected interim action. The schedule
line 24 shall provide for adoption of the required rezoning within one year
line 25 of the adoption of the resolution.
line 26 (g) (1) If a local government fails to complete the rezoning by
line 27 the deadline provided in subparagraph (A) of paragraph (1) of
line 28 subdivision (c), as it may be extended pursuant to subdivision (f),
line 29 except as provided in paragraph (2), a local government may not
line 30 disapprove a housing development project, nor require a
line 31 conditional use permit, planned unit development permit, or other
line 32 locally imposed discretionary permit, or impose a condition that
line 33 would render the project infeasible, if the housing development
line 34 project, (A) is proposed to be located on a site required to be
line 35 rezoned pursuant to the program action required by that
line 36 subparagraph and, (B) complies with applicable, objective general
line 37 plan and zoning standards and criteria, including design review
line 38 standards, described in the program action required by that
line 39 subparagraph. Any subdivision of sites shall be subject to the
line 40 Subdivision Map Act (Division 2 (commencing with Section
97
— 18 — AB 650
line 1 66410)). Design review shall not constitute a “project” for purposes
line 2 of Division 13 (commencing with Section 21000) of the Public
line 3 Resources Code.
line 4 (2) A local government may disapprove a housing development
line 5 described in paragraph (1) if it makes written findings supported
line 6 by substantial evidence on the record that both of the following
line 7 conditions exist:
line 8 (A) The housing development project would have a specific,
line 9 adverse impact upon the public health or safety unless the project
line 10 is disapproved or approved upon the condition that the project be
line 11 developed at a lower density. As used in this paragraph, a “specific,
line 12 adverse impact” means a significant, quantifiable, direct, and
line 13 unavoidable impact, based on objective, identified written public
line 14 health or safety standards, policies, or conditions as they existed
line 15 on the date the application was deemed complete.
line 16 (B) There is no feasible method to satisfactorily mitigate or
line 17 avoid the adverse impact identified pursuant to paragraph (1), other
line 18 than the disapproval of the housing development project or the
line 19 approval of the project upon the condition that it be developed at
line 20 a lower density.
line 21 (3) The applicant or any interested person may bring an action
line 22 to enforce this subdivision. If a court finds that the local agency
line 23 disapproved a project or conditioned its approval in violation of
line 24 this subdivision, the court shall issue an order or judgment
line 25 compelling compliance within 60 days. The court shall retain
line 26 jurisdiction to ensure that its order or judgment is carried out. If
line 27 the court determines that its order or judgment has not been carried
line 28 out within 60 days, the court may issue further orders to ensure
line 29 that the purposes and policies of this subdivision are fulfilled. In
line 30 any such action, the city, county, or city and county shall bear the
line 31 burden of proof.
line 32 (4) For purposes of this subdivision, “housing development
line 33 project” means a project to construct residential units for which
line 34 the project developer provides sufficient legal commitments to the
line 35 appropriate local agency to ensure the continued availability and
line 36 use of at least 49 percent of the housing units for very low, low-,
line 37 and moderate-income households with an affordable housing cost
line 38 or affordable rent, as defined in Section 50052.5 or 50053 of the
line 39 Health and Safety Code, respectively, for the period required by
line 40 the applicable financing.
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AB 650 — 19 —
line 1 (h) An action to enforce the program actions of the housing
line 2 element shall be brought pursuant to Section 1085 of the Code of
line 3 Civil Procedure.
line 4 (i) Notwithstanding any other law, the otherwise applicable
line 5 timeframe set forth in paragraph (2) of subdivision (b) and
line 6 subdivision (d) of Section 21080.3.1 of the Public Resources Code,
line 7 and paragraph (3) of subdivision (d) of Section 21082.3 of the
line 8 Public Resources Code, for a Native American tribe to respond to
line 9 a lead agency and request consultation in writing is extended by
line 10 30 days for any housing development project application
line 11 determined or deemed to be complete on or after March 4, 2020,
line 12 and prior to December 31, 2021.
line 13 (j) On or after January 1, 2024, at the discretion of the
line 14 department, the analysis of government constraints pursuant to
line 15 paragraph (5) of subdivision (a) may include an analysis of
line 16 constraints upon the maintenance, improvement, or development
line 17 of housing for persons with a characteristic identified in subdivision
line 18 (b) of Section 51 of the Civil Code. The implementation of this
line 19 subdivision is contingent upon an appropriation by the Legislature
line 20 in the annual Budget Act or another statute for this purpose.
line 21 SEC. 2. Section 65584 of the Government Code is amended
line 22 to read:
line 23 65584. (a) (1) For the fourth and subsequent revisions of the
line 24 housing element pursuant to Section 65588, the department shall
line 25 determine the existing and projected need for housing for each
line 26 region pursuant to this article. For purposes of subdivision (a) of
line 27 Section 65583, the share of a city or county of the regional housing
line 28 need shall include that share of the housing need of persons at all
line 29 income levels within the area significantly affected by the general
line 30 plan of the city or county.
line 31 (2) It is the intent of the Legislature that cities, counties, and
line 32 cities and counties should undertake all necessary actions to
line 33 encourage, promote, and facilitate the development of housing to
line 34 accommodate the entire regional housing need, and reasonable
line 35 actions should be taken by local and regional governments to
line 36 ensure that future housing production meets, at a minimum, the
line 37 regional housing need established for planning purposes. These
line 38 actions shall include applicable reforms and incentives in Section
line 39 65582.1.
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line 1 (3) The Legislature finds and declares that insufficient housing
line 2 in job centers hinders the state’s environmental quality and runs
line 3 counter to the state’s environmental goals. In particular, when
line 4 Californians seeking affordable housing are forced to drive longer
line 5 distances to work, an increased amount of greenhouse gases and
line 6 other pollutants are released and puts in jeopardy the achievement
line 7 of the state’s climate goals, as established pursuant to Section
line 8 38566 of the Health and Safety Code, and clean air goals.
line 9 (b) (1) (A) The department, in consultation with each council
line 10 of governments, shall determine each region’s existing and
line 11 projected housing need pursuant to Section 65584.01 at least 30
line 12 months three years prior to the scheduled revision required
line 13 pursuant to Section 65588. The 65588, except in the following
line 14 circumstances:
line 15 (i) For regions with a scheduled housing element revision due
line 16 date in the 2027 calendar year, the department shall determine
line 17 the region’s housing need at least two years before the scheduled
line 18 revision.
line 19 (ii) For regions with a scheduled housing element revision due
line 20 date in the 2028 calendar year or the first six months of the 2029
line 21 calendar year, the department shall determine the region’s housing
line 22 need at least 32 months before the scheduled revision.
line 23 (B) For cities and counties without a council of governments,
line 24 the department shall determine each region’s existing and
line 25 projected housing need pursuant to Section 65584.01 at least 30
line 26 months before the scheduled revision required pursuant to Section
line 27 65588, except for cities and counties with a scheduled housing
line 28 element revision due date in the 2027 calendar year or the first
line 29 six months of the 2028 calendar year, the department shall
line 30 determine their existing and projected housing need at least two
line 31 years before the scheduled revision.
line 32 (2) The appropriate council of governments, or for cities and
line 33 counties without a council of governments, the department, shall
line 34 adopt a final regional housing need plan that allocates a share of
line 35 the regional housing need to each city, county, or city and county
line 36 at least one year prior to the scheduled revision for the region
line 37 required by Section 65588. The allocation plan prepared by a
line 38 council of governments shall be prepared pursuant to Sections
line 39 65584.04 and 65584.05.
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AB 650 — 21 —
line 1 (c) Notwithstanding any other provision of law, the due dates
line 2 for the determinations of the department or for the council of
line 3 governments, respectively, regarding the regional housing need
line 4 may be extended by the department by not more than 60 days if
line 5 the extension will enable access to more recent critical population
line 6 or housing data from a pending or recent release of the United
line 7 States Census Bureau or the Department of Finance. If the due
line 8 date for the determination of the department or the council of
line 9 governments is extended for this reason, the department shall
line 10 extend the corresponding housing element revision deadline
line 11 pursuant to Section 65588 by not more than 60 days.
line 12 (d) The regional housing needs allocation plan shall further all
line 13 of the following objectives:
line 14 (1) Increasing the housing supply and the mix of housing types,
line 15 tenure, and affordability in all cities and counties within the region
line 16 in an equitable manner, which shall result in each jurisdiction
line 17 receiving an allocation of units for low- and very low income
line 18 households. The regional housing needs allocation plan shall
line 19 allocate units for extremely low- low and acutely low income
line 20 households in a manner that is roughly proportional to, and within
line 21 a range of 3 percent of, the housing need for very low income
line 22 households.
line 23 (2) Promoting infill development and socioeconomic equity,
line 24 the protection of environmental and agricultural resources, the
line 25 encouragement of efficient development patterns, and the
line 26 achievement of the region’s greenhouse gas reductions targets
line 27 provided by the State Air Resources Board pursuant to Section
line 28 65080.
line 29 (3) Promoting an improved intraregional relationship between
line 30 jobs and housing, including an improved balance between the
line 31 number of low-wage jobs and the number of housing units
line 32 affordable to low-wage workers in each jurisdiction.
line 33 (4) Allocating a lower proportion of housing need to an income
line 34 category when a jurisdiction already has a disproportionately high
line 35 share of households in that income category, as compared to the
line 36 countywide distribution of households in that category from the
line 37 most recent American Community Survey.
line 38 (5) Affirmatively furthering fair housing.
line 39 (e) For purposes of this section, “affirmatively furthering fair
line 40 housing” means taking meaningful actions, in addition to
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line 1 combating discrimination, that overcome patterns of segregation
line 2 and foster inclusive communities free from barriers that restrict
line 3 access to opportunity based on protected characteristics.
line 4 Specifically, affirmatively furthering fair housing means taking
line 5 meaningful actions that, taken together, address significant
line 6 disparities in housing needs and in access to opportunity, replacing
line 7 segregated living patterns with truly integrated and balanced living
line 8 patterns, transforming racially and ethnically concentrated areas
line 9 of poverty into areas of opportunity, and fostering and maintaining
line 10 compliance with civil rights and fair housing laws.
line 11 (f) (1) Subject to paragraph (2), for purposes of this section
line 12 with respect to revisions of the housing element through the sixth
line 13 revision, “household income levels” are as determined by the
line 14 department pursuant to the following code sections:
line 15 (A) Very low incomes, as defined by Section 50105 of the
line 16 Health and Safety Code.
line 17 (B) Lower incomes, as defined by Section 50079.5 of the Health
line 18 and Safety Code.
line 19 (C) Moderate incomes, as defined by Section 50093 of the
line 20 Health and Safety Code.
line 21 (D) Above moderate incomes are those exceeding the
line 22 moderate-income level of Section 50093 of the Health and Safety
line 23 Code.
line 24 (2) For purposes of this section with respect to the seventh and
line 25 subsequent revisions of the housing element, “household income
line 26 levels” are as determined by the department in accordance with
line 27 the definitions of acutely low, extremely low, very low, low,
line 28 moderate, and above moderate income in Section 65582.
line 29 (g) Notwithstanding any other provision of law, determinations
line 30 made by the department, a council of governments, or a city or
line 31 county pursuant to this section or Section 65584.01, 65584.02,
line 32 65584.03, 65584.04, 65584.05, 65584.06, 65584.07, or 65584.08
line 33 are exempt from the California Environmental Quality Act
line 34 (Division 13 (commencing with Section 21000) of the Public
line 35 Resources Code).
line 36 SEC. 3. Section 65584.01 of the Government Code is amended
line 37 to read:
line 38 65584.01. For the fourth and subsequent revision of the housing
line 39 element pursuant to Section 65588, the department, in consultation
line 40 with each council of governments, where applicable, shall
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AB 650 — 23 —
line 1 determine the existing and projected need for housing for each
line 2 region in the following manner:
line 3 (a) The department’s determination shall be based upon
line 4 population projections produced by the Department of Finance
line 5 and regional population forecasts used in preparing regional
line 6 transportation plans, in consultation with each council of
line 7 governments. If the total regional population forecast for the
line 8 projection year, developed by the council of governments and used
line 9 for the preparation of the regional transportation plan, is within a
line 10 range of 1.5 percent of the total regional population forecast for
line 11 the projection year by the Department of Finance, then the
line 12 population forecast developed by the council of governments shall
line 13 be the basis from which the department determines the existing
line 14 and projected need for housing in the region. If the difference
line 15 between the total population projected by the council of
line 16 governments and the total population projected for the region by
line 17 the Department of Finance is greater than 1.5 percent, then the
line 18 department and the council of governments shall meet to discuss
line 19 variances in methodology used for population projections and seek
line 20 agreement on a population projection for the region to be used as
line 21 a basis for determining the existing and projected housing need
line 22 for the region. If agreement is not reached, then the population
line 23 projection for the region shall be the population projection for the
line 24 region prepared by the Department of Finance as may be modified
line 25 by the department as a result of discussions with the council of
line 26 governments.
line 27 (b) (1) At least 32 38 months prior to the scheduled revision
line 28 pursuant to Section 65588 and prior to developing the existing and
line 29 projected housing need for a region, the department shall meet and
line 30 consult with the council of governments regarding the assumptions
line 31 and methodology to be used by the department to determine the
line 32 region’s housing needs. needs, except for the seventh housing
line 33 element cycle, for which the department shall meet and consult
line 34 with the council of governments at least two months prior to
line 35 developing the existing and projected housing need for a region
line 36 pursuant to the timelines in subparagraph (A) of paragraph (1)
line 37 of subdivision (b) of Section 65584. The council of governments
line 38 shall provide data assumptions from the council’s projections,
line 39 including, if available, the following data for the region:
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line 1 (A) Anticipated household growth associated with projected
line 2 population increases.
line 3 (B) Household size data and trends in household size.
line 4 (C) The percentage of households that are overcrowded and the
line 5 overcrowding rate for a comparable housing market. For purposes
line 6 of this subparagraph:
line 7 (i) The term “overcrowded” means more than one resident per
line 8 room in each room in a dwelling.
line 9 (ii) The term “overcrowded rate for a comparable housing
line 10 market” means that the overcrowding rate is no more than the
line 11 average overcrowding rate in comparable regions throughout the
line 12 nation, as determined by the council of governments.
line 13 (D) The rate of household formation, or headship rates, based
line 14 on age, gender, ethnicity, or other established demographic
line 15 measures.
line 16 (E) The vacancy rates in existing housing stock, and the vacancy
line 17 rates for healthy housing market functioning and regional mobility,
line 18 as well as housing replacement needs. For purposes of this
line 19 subparagraph, the vacancy rate for a healthy rental housing market
line 20 shall be considered no less than 5 percent.
line 21 (F) Other characteristics of the composition of the projected
line 22 population.
line 23 (G) The relationship between jobs and housing, including any
line 24 imbalance between jobs and housing.
line 25 (H) The percentage of households that are cost burdened and
line 26 the rate of housing cost burden for a healthy housing market. For
line 27 the purposes of this subparagraph:
line 28 (i) The term “cost burdened” means the share of very low, low-,
line 29 moderate-, and above moderate-income households that are paying
line 30 more than 30 percent of household income on housing costs.
line 31 (ii) The term “rate of housing cost burden for a healthy housing
line 32 market” means that the rate of households that are cost burdened
line 33 is no more than the average rate of households that are cost
line 34 burdened in comparable regions throughout the nation, as
line 35 determined by the council of governments.
line 36 (I) The loss of units during a state of emergency that was
line 37 declared by the Governor pursuant to the California Emergency
line 38 Services Act (Chapter 7 (commencing with Section 8550) of
line 39 Division 1 of Title 2), during the planning period immediately
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AB 650 — 25 —
line 1 preceding the relevant revision pursuant to Section 65588 that
line 2 have yet to be rebuilt or replaced at the time of the data request.
line 3 (J) The housing needs of individuals and families experiencing
line 4 homelessness.
line 5 (i) The data utilized by the council of governments shall align
line 6 with homelessness data best practices as determined by the
line 7 department.
line 8 (ii) Sources of homelessness data may include the Homeless
line 9 Data Integration System administered by the Interagency Council
line 10 on Homelessness, the homeless point-in-time count, or other
line 11 sources deemed appropriate by the department.
line 12 (2) The department may accept or reject the information
line 13 provided by the council of governments or modify its own
line 14 assumptions or methodology based on this information. After
line 15 consultation with the council of governments, the department shall
line 16 make determinations in writing on the assumptions for each of the
line 17 factors listed in subparagraphs (A) to (I), inclusive, of paragraph
line 18 (1) and the methodology it shall use and shall provide these
line 19 determinations to the council of governments. The methodology
line 20 submitted by the department may make adjustments based on the
line 21 region’s total projected households, which includes existing
line 22 households as well as projected households.
line 23 (c) (1) After consultation with the council of governments, the
line 24 department shall make a determination of the region’s existing
line 25 and projected housing need based upon the assumptions and
line 26 methodology determined pursuant to subdivision (b). The region’s
line 27 existing and projected housing need shall reflect the achievement
line 28 of a feasible balance between jobs and housing within the region
line 29 using the regional employment projections in the applicable
line 30 regional transportation plan. Within 30 days following notice of
line 31 the determination from the department, the council of governments
line 32 may file an objection to the department’s determination of the
line 33 region’s existing and projected housing need with the department.
line 34 (2) The objection shall be based on and substantiate either of
line 35 the following:
line 36 (A) The department failed to base its determination on the
line 37 population projection for the region established pursuant to
line 38 subdivision (a), and shall identify the population projection which
line 39 the council of governments believes should instead be used for the
line 40 determination and explain the basis for its rationale.
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line 1 (B) The regional housing need determined by the department
line 2 is not a reasonable application of the methodology and assumptions
line 3 determined pursuant to subdivision (b). The objection shall include
line 4 a proposed alternative determination of its regional housing need
line 5 based upon the determinations made in subdivision (b), including
line 6 analysis of why the proposed alternative would be a more
line 7 reasonable application of the methodology and assumptions
line 8 determined pursuant to subdivision (b).
line 9 (3) If a council of governments files an objection pursuant to
line 10 this subdivision and includes with the objection a proposed
line 11 alternative determination of its regional housing need, it shall also
line 12 include documentation of its basis for the alternative determination.
line 13 Within 45 days of receiving an objection filed pursuant to this
line 14 section, the department shall consider the objection and make a
line 15 final written determination of the region’s existing and projected
line 16 housing need that includes an explanation of the information upon
line 17 which the determination was made.
line 18 (4) In regions in which the department is required to distribute
line 19 the regional housing need pursuant to Section 65584.06, no city
line 20 or county may file an objection to the regional housing need
line 21 determination.
line 22 (d) Statutory changes enacted after the date the department
line 23 issued a final determination pursuant to this section shall not be a
line 24 basis for a revision of the final determination.
line 25 SEC. 4. Section 65584.03 of the Government Code is amended
line 26 to read:
line 27 65584.03. (a) At least 28 34 months prior to the scheduled
line 28 housing element update required by Section 65588, at least two
line 29 or more cities and a county, or counties, may form a subregional
line 30 entity for the purpose of allocation of the subregion’s existing and
line 31 projected need for housing among its members in accordance with
line 32 the allocation methodology established pursuant to Section
line 33 65584.04. The purpose of establishing a subregion shall be to
line 34 recognize the community of interest and mutual challenges and
line 35 opportunities for providing housing within a subregion. A
line 36 subregion formed pursuant to this section may include a single
line 37 county and each of the cities in that county or any other
line 38 combination of geographically contiguous local governments and
line 39 shall be approved by the adoption of a resolution by each of the
line 40 local governments in the subregion as well as by the council of
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AB 650 — 27 —
line 1 governments. All decisions of the subregion shall be approved by
line 2 vote as provided for in rules adopted by the local governments
line 3 comprising the subregion or shall be approved by vote of the
line 4 county or counties, if any, and the majority of the cities with the
line 5 majority of population within a county or counties.
line 6 (b) Upon formation of the subregional entity, the entity shall
line 7 notify the council of governments of this formation. If the council
line 8 of governments has not received notification from an eligible
line 9 subregional entity at least 28 34 months prior to the scheduled
line 10 housing element update required by Section 65588, the council of
line 11 governments shall implement the provisions of Sections 65584
line 12 and 65584.04. The delegate subregion and the council of
line 13 governments shall enter into an agreement that sets forth the
line 14 process, timing, and other terms and conditions of the delegation
line 15 of responsibility by the council of governments to the subregion.
line 16 (c) At least 25 31 months prior to the scheduled revision, the
line 17 council of governments shall determine the share of regional
line 18 housing need assigned to each delegate subregion. The share or
line 19 shares allocated to the delegate subregion or subregions by a
line 20 council of governments shall be in a proportion consistent with
line 21 the distribution of households assumed for the comparable time
line 22 period of the applicable regional transportation plan. Prior to
line 23 allocating the regional housing needs to any delegate subregion
line 24 or subregions, the council of governments shall hold at least one
line 25 public hearing, and may consider requests for revision of the
line 26 proposed allocation to a subregion. If a proposed revision is
line 27 rejected, the council of governments shall respond with a written
line 28 explanation of why the proposed revised share has not been
line 29 accepted.
line 30 (d) Each delegate subregion shall fully allocate its share of the
line 31 regional housing need to local governments within its subregion.
line 32 If a delegate subregion fails to complete the regional housing need
line 33 allocation process among its member jurisdictions in a manner
line 34 consistent with this article and with the delegation agreement
line 35 between the subregion and the council of governments, the
line 36 allocations to member jurisdictions shall be made by the council
line 37 of governments.
line 38 SEC. 4.
line 39 SEC. 5. Section 65584.04 of the Government Code is amended
line 40 to read:
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line 1 65584.04. (a) At least two and one-half years before a
line 2 scheduled revision required by Section 65588, each council of
line 3 governments, or delegate subregion as applicable, shall develop,
line 4 in consultation with the department, a proposed methodology for
line 5 distributing the existing and projected regional housing need to
line 6 cities, counties, and cities and counties within the region or within
line 7 the subregion, where applicable pursuant to this section. The
line 8 methodology shall further the objectives listed in subdivision (d)
line 9 of Section 65584.
line 10 (b) (1) No more than six months before the development of a
line 11 proposed methodology for distributing the existing and projected
line 12 housing need, each council of governments shall survey each of
line 13 its member jurisdictions to request, at a minimum, information
line 14 regarding the factors listed in subdivision (e) that will allow the
line 15 development of a methodology based upon the factors established
line 16 in subdivision (e).
line 17 (2) With respect to the objective in paragraph (5) of subdivision
line 18 (d) of Section 65584, the survey shall review and compile
line 19 information that will allow the development of a methodology
line 20 based upon the issues, strategies, and actions that are included, as
line 21 available, in an Analysis of Impediments to Fair Housing Choice
line 22 or an Assessment of Fair Housing completed by any city or county
line 23 or the department that covers communities within the area served
line 24 by the council of governments, and in housing elements adopted
line 25 pursuant to this article by cities and counties within the area served
line 26 by the council of governments.
line 27 (3) The council of governments shall seek to obtain the
line 28 information in a manner and format that is comparable throughout
line 29 the region and utilize readily available data to the extent possible.
line 30 (4) The information provided by a local government pursuant
line 31 to this section shall be used, to the extent possible, by the council
line 32 of governments, or delegate subregion as applicable, as source
line 33 information for the methodology developed pursuant to this section.
line 34 The survey shall state that none of the information received may
line 35 be used as a basis for reducing the total housing need established
line 36 for the region pursuant to Section 65584.01.
line 37 (5) If the council of governments fails to conduct a survey
line 38 pursuant to this subdivision, a city, county, or city and county may
line 39 submit information related to the items listed in subdivision (e)
line 40 before the public comment period provided for in subdivision (d).
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AB 650 — 29 —
line 1 (c) The council of governments shall electronically report the
line 2 results of the survey of fair housing issues, strategies, and actions
line 3 compiled pursuant to paragraph (2) of subdivision (b). The report
line 4 shall describe common themes and effective strategies employed
line 5 by cities and counties within the area served by the council of
line 6 governments, including common themes and effective strategies
line 7 around avoiding the displacement of lower income households.
line 8 The council of governments shall also identify significant barriers
line 9 to affirmatively furthering fair housing at the regional level and
line 10 may recommend strategies or actions to overcome those barriers.
line 11 A council of governments or metropolitan planning organization,
line 12 as appropriate, may use this information for any other purpose,
line 13 including publication within a regional transportation plan adopted
line 14 pursuant to Section 65080 or to inform the land use assumptions
line 15 that are applied in the development of a regional transportation
line 16 plan.
line 17 (d) Public participation and access shall be required in the
line 18 development of the methodology and in the process of drafting
line 19 and adoption of the allocation of the regional housing needs.
line 20 Participation by organizations other than local jurisdictions and
line 21 councils of governments shall be solicited in a diligent effort to
line 22 achieve public participation of all economic segments of the
line 23 community as well as members of protected classes under Section
line 24 12955 and households with special housing needs under paragraph
line 25 (7) of subdivision (a) of Section 65583. The proposed
line 26 methodology, along with any relevant underlying data and
line 27 assumptions, an explanation of how information about local
line 28 government conditions gathered pursuant to subdivision (b) has
line 29 been used to develop the proposed methodology, how each of the
line 30 factors listed in subdivision (e) is incorporated into the
line 31 methodology, and how the proposed methodology furthers the
line 32 objectives listed in subdivision (d) of Section 65584, shall be
line 33 distributed to all cities, counties, any subregions, and members of
line 34 the public who have made a written or electronic request for the
line 35 proposed methodology and published on the council of
line 36 governments’, or delegate subregion’s, internet website. The
line 37 council of governments, or delegate subregion, as applicable, shall
line 38 conduct at least one public hearing to receive oral and written
line 39 comments on the proposed methodology.
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line 1 (e) To the extent that sufficient data is available from local
line 2 governments pursuant to subdivision (b) or other sources, each
line 3 council of governments, or delegate subregion as applicable, shall
line 4 consider including the following factors in developing the
line 5 methodology that allocates regional housing needs:
line 6 (1) Each member jurisdiction’s existing and projected jobs and
line 7 housing relationship. This shall include an estimate based on
line 8 readily available data on the number of low-wage jobs within the
line 9 jurisdiction and how many housing units within the jurisdiction
line 10 are affordable to low-wage workers as well as an estimate based
line 11 on readily available data, of projected job growth and projected
line 12 household growth by income level within each member jurisdiction
line 13 during the planning period.
line 14 (2) The opportunities and constraints to development of
line 15 additional housing in each member jurisdiction, including all of
line 16 the following:
line 17 (A) Lack of capacity for sewer or water service due to federal
line 18 or state laws, regulations or regulatory actions, or supply and
line 19 distribution decisions made by a sewer or water service provider
line 20 other than the local jurisdiction that preclude the jurisdiction from
line 21 providing necessary infrastructure for additional development
line 22 during the planning period.
line 23 (B) The availability of land suitable for urban development or
line 24 for conversion to residential use, the availability of underutilized
line 25 land, and opportunities for infill development and increased
line 26 residential densities. The council of governments may not limit
line 27 its consideration of suitable housing sites or land suitable for urban
line 28 development to existing zoning ordinances and land use restrictions
line 29 of a locality, but shall consider the potential for increased
line 30 residential development under alternative zoning ordinances and
line 31 land use restrictions. The determination of available land suitable
line 32 for urban development may exclude lands where the Federal
line 33 Emergency Management Agency (FEMA) or the Department of
line 34 Water Resources has determined that the flood management
line 35 infrastructure designed to protect that land is not adequate to avoid
line 36 the risk of flooding.
line 37 (C) Lands preserved or protected from urban development under
line 38 existing federal or state programs, or both, designed to protect
line 39 open space, farmland, environmental habitats, and natural resources
line 40 on a long-term basis, including land zoned or designated for
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AB 650 — 31 —
line 1 agricultural protection or preservation that is subject to a local
line 2 ballot measure that was approved by the voters of that jurisdiction
line 3 that prohibits or restricts conversion to nonagricultural uses.
line 4 (D) County policies to preserve prime agricultural land, as
line 5 defined pursuant to Section 56064, within an unincorporated area
line 6 and land within an unincorporated area zoned or designated for
line 7 agricultural protection or preservation that is subject to a local
line 8 ballot measure that was approved by the voters of that jurisdiction
line 9 that prohibits or restricts its conversion to nonagricultural uses.
line 10 (E) Emergency evacuation route capacity, wildfire risk, sea
line 11 level rise, and other impacts caused by climate change.
line 12 (3) The distribution of household growth assumed for purposes
line 13 of a comparable period of regional transportation plans and
line 14 opportunities to maximize the use of public transportation and
line 15 existing transportation infrastructure.
line 16 (4) Agreements between a county and cities in a county to direct
line 17 growth toward incorporated areas of the county and land within
line 18 an unincorporated area zoned or designated for agricultural
line 19 protection or preservation that is subject to a local ballot measure
line 20 that was approved by the voters of the jurisdiction that prohibits
line 21 or restricts conversion to nonagricultural uses.
line 22 (5) The loss of units contained in assisted housing developments,
line 23 as defined in paragraph (9) of subdivision (a) of Section 65583,
line 24 that changed to non-low-income use through mortgage prepayment,
line 25 subsidy contract expirations, or termination of use restrictions.
line 26 (6) The percentage of existing households at each of the income
line 27 levels listed in subdivision (f) of Section 65584 that are paying
line 28 more than 30 percent and more than 50 percent of their income in
line 29 rent.
line 30 (7) The rate of overcrowding.
line 31 (8) The housing needs of farmworkers.
line 32 (9) The housing needs generated by the presence of a private
line 33 university or a campus of the California State University or the
line 34 University of California within any member jurisdiction.
line 35 (10) The housing needs of individuals and families experiencing
line 36 homelessness. If a council of governments has surveyed each of
line 37 its member jurisdictions pursuant to subdivision (b) on or before
line 38 January 1, 2020, this paragraph shall apply only to the development
line 39 of methodologies for the seventh and subsequent revisions of the
line 40 housing element.
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line 1 (11) The loss of units during a state of emergency that was
line 2 declared by the Governor pursuant to the California Emergency
line 3 Services Act (Chapter 7 (commencing with Section 8550) of
line 4 Division 1 of Title 2), during the planning period immediately
line 5 preceding the relevant revision pursuant to Section 65588 that
line 6 have yet to be rebuilt or replaced at the time of the analysis.
line 7 (12) The region’s greenhouse gas emissions targets provided
line 8 by the State Air Resources Board pursuant to Section 65080.
line 9 (13) Any other factors adopted by the council of governments,
line 10 that further the objectives listed in subdivision (d) of Section
line 11 65584, provided that the council of governments specifies which
line 12 of the objectives each additional factor is necessary to further. The
line 13 council of governments may include additional factors unrelated
line 14 to furthering the objectives listed in subdivision (d) of Section
line 15 65584 so long as the additional factors do not undermine the
line 16 objectives listed in subdivision (d) of Section 65584 and are applied
line 17 equally across all household income levels as described in
line 18 subdivision (f) of Section 65584 and the council of governments
line 19 makes a finding that the factor is necessary to address significant
line 20 health and safety conditions.
line 21 (f) The council of governments, or delegate subregion, as
line 22 applicable, shall explain in writing how each of the factors
line 23 described in subdivision (e) was incorporated into the methodology
line 24 and how the methodology furthers the objectives listed in
line 25 subdivision (d) of Section 65584. The methodology may include
line 26 numerical weighting. This information, and any other supporting
line 27 materials used in determining the methodology, shall be posted
line 28 on the council of governments’, or delegate subregion’s, internet
line 29 website.
line 30 (g) The following criteria shall not be a justification for a
line 31 determination or a reduction in a jurisdiction’s share of the regional
line 32 housing need:
line 33 (1) Any ordinance, policy, voter-approved measure, or standard
line 34 of a city or county that directly or indirectly limits the number of
line 35 residential building permits issued by a city or county.
line 36 (2) Prior underproduction of housing in a city or county from
line 37 the previous regional housing need allocation, as determined by
line 38 each jurisdiction’s annual production report submitted pursuant
line 39 to subparagraph (H) of paragraph (2) of subdivision (a) of Section
line 40 65400.
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AB 650 — 33 —
line 1 (3) Stable population numbers in a city or county from the
line 2 previous regional housing needs cycle.
line 3 (h) Following the conclusion of the public comment period
line 4 described in subdivision (d) on the proposed allocation
line 5 methodology, and after making any revisions deemed appropriate
line 6 by the council of governments, or delegate subregion, as applicable,
line 7 as a result of comments received during the public comment period,
line 8 and as a result of consultation with the department, each council
line 9 of governments, or delegate subregion, as applicable, shall publish
line 10 a draft allocation methodology on its internet website and submit
line 11 the draft allocation methodology, along with the information
line 12 required pursuant to subdivision (e), to the department.
line 13 (i) Within 60 days, the department shall review the draft
line 14 allocation methodology and report its written findings to the
line 15 council of governments, or delegate subregion, as applicable. In
line 16 its written findings the department shall determine whether the
line 17 methodology furthers the objectives listed in subdivision (d) of
line 18 Section 65584. If the department determines that the methodology
line 19 is not consistent with subdivision (d) of Section 65584, the council
line 20 of governments, or delegate subregion, as applicable, shall take
line 21 one of the following actions:
line 22 (1) Revise the methodology to further the objectives listed in
line 23 subdivision (d) of Section 65584 and adopt a final regional, or
line 24 subregional, housing need allocation methodology.
line 25 (2) Adopt the regional, or subregional, housing need allocation
line 26 methodology without revisions and include within its resolution
line 27 of adoption findings, supported by substantial evidence, as to why
line 28 the council of governments, or delegate subregion, believes that
line 29 the methodology furthers the objectives listed in subdivision (d)
line 30 of Section 65584 despite the findings of the department.
line 31 (j) If the department’s findings are not available within the time
line 32 limits set by subdivision (i), the council of governments, or delegate
line 33 subregion, may act without them.
line 34 (k) Upon either action pursuant to subdivision (i), the council
line 35 of governments, or delegate subregion, shall provide notice of the
line 36 adoption of the methodology to the jurisdictions within the region,
line 37 or delegate subregion, as applicable, and to the department, and
line 38 shall publish the adopted allocation methodology, along with its
line 39 resolution and any adopted written findings, on its internet website.
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line 1 (l) The department may, within 45 days, review the adopted
line 2 methodology and report its findings to the council of governments,
line 3 or delegate subregion.
line 4 (m) (1) It is the intent of the Legislature that housing planning
line 5 be coordinated and integrated with the regional transportation plan.
line 6 To achieve this goal, the allocation plan shall allocate housing
line 7 units within the region consistent with the development pattern
line 8 included in the sustainable communities strategy.
line 9 (2) (A) The final allocation plan shall ensure that the total
line 10 regional housing need, by income category, as determined under
line 11 Section 65584, is maintained, and that each jurisdiction in the
line 12 region receive an allocation of units for low- and very low income
line 13 households.
line 14 (B) For the seventh and subsequent revisions of the housing
line 15 element, the allocation to each region required under subparagraph
line 16 (A) shall also include an allocation of units for acutely low and
line 17 extremely low income households.
line 18 (3) The resolution approving the final housing need allocation
line 19 plan shall demonstrate that the plan is consistent with the
line 20 sustainable communities strategy in the regional transportation
line 21 plan and furthers the objectives listed in subdivision (d) of Section
line 22 65584.
line 23 (n) This section shall become operative on January 1, 2025.
line 24 (o) For the seventh housing element cycle, the changes to this
line 25 section made by the act adding this subdivision shall not apply to
line 26 councils of governments with a housing element revision due date
line 27 during the 2027 calendar year.
line 28 SEC. 5.
line 29 SEC. 6. Section 65584.05 of the Government Code is amended
line 30 to read:
line 31 65584.05. (a) At least two years before the scheduled revision
line 32 required by Section 65588, each council of governments and
line 33 delegate subregion, as applicable, shall distribute a draft allocation
line 34 of regional housing needs to each local government in the region
line 35 or subregion, where applicable, and the department, based on the
line 36 methodology adopted pursuant to Section 65584.04 and shall
line 37 publish the draft allocation on its internet website. The council of
line 38 governments may additionally distribute the draft allocation plan
line 39 upon adoption of the final methodology reviewed and accepted
line 40 by the department pursuant to paragraph (2) of subdivision (i) of
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AB 650 — 35 —
line 1 Section 65584.04. The draft allocation shall include the underlying
line 2 data and methodology on which the allocation is based, and a
line 3 statement as to how it furthers the objectives listed in subdivision
line 4 (d) of Section 65584. It is the intent of the Legislature that the draft
line 5 allocation should be distributed before the completion of the update
line 6 of the applicable regional transportation plan. The draft allocation
line 7 shall distribute to localities and subregions, if any, within the region
line 8 the entire regional housing need determined pursuant to Section
line 9 65584.01 or within subregions, as applicable, the subregion’s entire
line 10 share of the regional housing need determined pursuant to Section
line 11 65584.03.
line 12 (b) Within 30 days following receipt of the draft allocation, a
line 13 local government within the region or the delegate subregion, as
line 14 applicable, or the department may appeal to the council of
line 15 governments or the delegate subregion for a revision of the share
line 16 of the regional housing need proposed to be allocated to one or
line 17 more local governments. Appeals shall be based upon comparable
line 18 data available for all affected jurisdictions and accepted planning
line 19 methodology, and supported by adequate documentation, and shall
line 20 include a statement as to why the revision is necessary to further
line 21 the intent of the objectives listed in subdivision (d) of Section
line 22 65584. An appeal pursuant to this subdivision shall be consistent
line 23 with, and not to the detriment of, the development pattern in an
line 24 applicable sustainable communities strategy developed pursuant
line 25 to paragraph (2) of subdivision (b) of Section 65080. Appeals shall
line 26 be limited to any of the following circumstances:
line 27 (1) The council of governments or delegate subregion, as
line 28 applicable, failed to adequately consider the information submitted
line 29 pursuant to subdivision (b) of Section 65584.04.
line 30 (2) The council of governments or delegate subregion, as
line 31 applicable, failed to determine the share of the regional housing
line 32 need in accordance with the information described in, and the
line 33 methodology established pursuant to, Section 65584.04, and in a
line 34 manner that furthers, and does not undermine, the intent of the
line 35 objectives listed in subdivision (d) of Section 65584.
line 36 (3) A significant and unforeseen change in circumstances has
line 37 occurred in the local jurisdiction or jurisdictions that merits a
line 38 revision of the information submitted pursuant to subdivision (b)
line 39 of Section 65584.04. Appeals on this basis shall only be made by
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line 1 the jurisdiction or jurisdictions where the change in circumstances
line 2 has occurred.
line 3 (c) At the close of the period for filing appeals pursuant to
line 4 subdivision (b), the council of governments or delegate subregion,
line 5 as applicable, shall notify all other local governments within the
line 6 region or delegate subregion and the department of all appeals and
line 7 shall make all materials submitted in support of each appeal
line 8 available on a publicly available internet website. Local
line 9 governments and the department may, within 45 days, comment
line 10 on one or more appeals. If no appeals are filed, the draft allocation
line 11 may be adopted pursuant to subdivision (g).
line 12 (d) No later than 30 days after the close of the comment period,
line 13 and after providing all local governments within the region or
line 14 delegate subregion, as applicable, at least 10 days prior notice, the
line 15 council of governments or delegate subregion shall conduct one
line 16 public hearing to consider all appeals filed pursuant to subdivision
line 17 (b) and all comments received pursuant to subdivision (c).
line 18 (e) No later than 45 days after the public hearing pursuant to
line 19 subdivision (d), the council of governments or delegate subregion,
line 20 as applicable, shall do all of the following:
line 21 (1) Make a final determination that either accepts, rejects, or
line 22 modifies each appeal for a revised share filed pursuant to
line 23 subdivision (b). Final determinations shall be based upon the
line 24 information and methodology described in Section 65584.04 and
line 25 whether the revision is necessary to further the objectives listed
line 26 in subdivision (d) of Section 65584. The final determination shall
line 27 be in writing and shall include written findings as to how the
line 28 determination is consistent with this article. The final determination
line 29 on an appeal may require the council of governments or delegate
line 30 subregion, as applicable, to adjust the share of the regional housing
line 31 need allocated to one or more local governments that are not the
line 32 subject of an appeal.
line 33 (2) Issue a proposed final allocation plan.
line 34 (3) Submit the proposed final allocation plan to the department.
line 35 (4) Set a date for a public hearing to adopt a final allocation
line 36 plan pursuant to subdivision (g).
line 37 (f) In the proposed final allocation plan, the council of
line 38 governments or delegate subregion, as applicable, shall adjust
line 39 allocations to local governments based upon the results of the
line 40 appeals process. If the adjustments total 7 percent or less of the
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AB 650 — 37 —
line 1 regional housing need determined pursuant to Section 65584.01,
line 2 or, as applicable, total 7 percent or less of the subregion’s share
line 3 of the regional housing need as determined pursuant to Section
line 4 65584.03, then the council of governments or delegate subregion,
line 5 as applicable, shall distribute the adjustments proportionally to all
line 6 local governments. If the adjustments total more than 7 percent of
line 7 the regional housing need, then the council of governments or
line 8 delegate subregion, as applicable, shall develop a methodology to
line 9 distribute the amount greater than the 7 percent to local
line 10 governments. The total distribution of housing need shall not equal
line 11 less than the regional housing need, as determined pursuant to
line 12 Section 65584.01, nor shall the subregional distribution of housing
line 13 need equal less than its share of the regional housing need as
line 14 determined pursuant to Section 65584.03.
line 15 (g) Within 45 days after the issuance of the proposed final
line 16 allocation plan by the council of governments and each delegate
line 17 subregion, as applicable, the council of governments shall hold a
line 18 public hearing to adopt a final allocation plan. To the extent that
line 19 the final allocation plan fully allocates the regional share of
line 20 statewide housing need, as determined pursuant to Section
line 21 65584.01 and has taken into account all appeals, the council of
line 22 governments shall have final authority to determine the distribution
line 23 of the region’s existing and projected housing need as determined
line 24 pursuant to Section 65584.01. The council of governments shall
line 25 submit its final allocation plan to the department within three days
line 26 of adoption. Within 15 days after the department’s receipt of the
line 27 final allocation plan adopted by the council of governments, the
line 28 department shall determine if the final allocation plan is consistent
line 29 with the existing and projected housing need for the region, as
line 30 determined pursuant to Section 65584.01. The department may
line 31 revise the determination of the council of governments if necessary
line 32 to obtain this consistency.
line 33 (h) Any authority of the council of governments to review and
line 34 revise the share of a city or county of the regional housing need
line 35 under this section shall not constitute authority to revise, approve,
line 36 or disapprove the manner in which the share of the city or county
line 37 of the regional housing need is implemented through its housing
line 38 program.
line 39 (i) Any time period in subdivision (d) or (e) may be extended
line 40 by a council of governments or delegate subregion, as applicable,
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line 1 for up to 30 days. Any time period in subdivision (b), (c), (d), (e),
line 2 or (g) may be reduced by a council of governments or delegate
line 3 subregion, as applicable, to facilitate earlier adoption of the final
line 4 allocation plan. No time period shall be reduced to fewer than a
line 5 minimum of 10 days.
line 6 (j) The San Diego Association of Governments may follow the
line 7 process in this section for the draft and final allocation plan for
line 8 the sixth revision of the housing element notwithstanding such
line 9 actions being carried out before the adoption of an updated regional
line 10 transportation plan and sustainable communities strategy.
line 11 (k) For the seventh housing element cycle, the changes to this
line 12 section made by the act adding this subdivision shall not apply to
line 13 councils of governments with a housing element revision due date
line 14 during the 2027 calendar year.
line 15 SEC. 6.
line 16 SEC. 7. Section 65585 of the Government Code is amended
line 17 to read:
line 18 65585. (a) In the preparation of its housing element, each city
line 19 and county shall consider the guidelines adopted by the department
line 20 pursuant to Section 50459 of the Health and Safety Code. Those
line 21 guidelines shall be advisory to each city or county in the
line 22 preparation of its housing element.
line 23 (b) (1) (A) At least 90 days prior to adoption of a revision of
line 24 its housing element pursuant to subdivision (e) of Section 65588,
line 25 or at least 60 days prior to the adoption of a subsequent amendment
line 26 to this element, the planning agency shall submit a draft element
line 27 revision or draft amendment to the department. The local
line 28 government of the planning agency shall make the first draft
line 29 revision of a housing element available for public comment for at
line 30 least 30 days and, if any comments are received, the local
line 31 government shall take at least 10 business days after the 30-day
line 32 public comment period to consider and incorporate public
line 33 comments into the draft revision prior to submitting it to the
line 34 department. For any subsequent draft revision, the local
line 35 government shall post the draft revision on its internet website and
line 36 shall email a link to the draft revision to all individuals and
line 37 organizations that have previously requested notices relating to
line 38 the local government’s housing element at least seven days before
line 39 submitting the draft revision to the department.
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AB 650 — 39 —
line 1 (B) The planning agency staff shall collect and compile the
line 2 public comments regarding the housing element received by the
line 3 city, county, or city and county and provide these comments to
line 4 each member of the legislative body before it adopts the housing
line 5 element.
line 6 (C) The department shall review the draft and report its written
line 7 findings to the planning agency within 90 days of its receipt of the
line 8 first draft submittal for each housing element revision pursuant to
line 9 subdivision (e) of Section 65588 or within 60 days of its receipt
line 10 of a subsequent draft amendment or an adopted revision or adopted
line 11 amendment to an element. The department shall not review the
line 12 first draft submitted for each housing element revision pursuant
line 13 to subdivision (e) of Section 65588 until the local government has
line 14 made the draft available for public comment for at least 30 days
line 15 and, if comments were received, has taken at least 10 business
line 16 days to consider and incorporate public comments pursuant to
line 17 paragraph (1).
line 18 (2) (A) At least 90 days prior to the initial adoption of a revision
line 19 of its housing element pursuant to subdivision (e) of Section 65588,
line 20 and at least 7 days prior to any subsequent adoption submittal if
line 21 changes have occurred to the inventory of sites, a local government
line 22 shall do both of the following:
line 23 (i) Make a draft of its inventory of sites required pursuant to
line 24 paragraph (3) of subdivision (a) of Section 65583 available to the
line 25 department and the public and post the draft inventory on its
line 26 internet website.
line 27 (ii) Send an email to all individuals and organizations that have
line 28 previously requested notices notifying them that the inventory has
line 29 been updated that includes a link to the draft inventory on its
line 30 website.
line 31 (B) The requirements of this paragraph shall apply to the seventh
line 32 and each subsequent revision of the housing element.
line 33 (c) In the preparation of its findings, the department may consult
line 34 with any public agency, group, or person. The department shall
line 35 receive and consider any written comments from any public
line 36 agency, group, or person regarding the draft or adopted element
line 37 or amendment under review.
line 38 (d) In its written findings, the department shall determine
line 39 whether the draft element or draft amendment substantially
line 40 complies with this article. If the department finds that the draft
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line 1 element or draft amendment does not substantially comply with
line 2 this article, the department shall in a written communication to the
line 3 planning agency do both of the following:
line 4 (1) Identify and explain the specific deficiencies in the draft
line 5 element or draft amendment, including a reference to each
line 6 subdivision of Section 65583 that the draft element or draft
line 7 amendment does not comply with.
line 8 (2) Provide the specific analysis or text that the department
line 9 expects the planning agency to include in the draft element or draft
line 10 amendment to remedy the deficiencies identified in paragraph (1).
line 11 (e) Prior to the adoption of its draft element or draft amendment,
line 12 the legislative body shall consider the findings made, and the
line 13 specific analysis or text required, by the department. If the
line 14 department’s findings are not available within the time limits set
line 15 by this section, the legislative body may act without them.
line 16 (f) If the department finds that the draft element or draft
line 17 amendment does not substantially comply with this article, the
line 18 legislative body shall take one of the following actions:
line 19 (1) (A) Include the specific analysis or text in the draft element
line 20 or draft amendment to substantially comply with this article, as
line 21 required by the department pursuant to subdivision (d).
line 22 (B) Any change to a draft element or draft amendment pursuant
line 23 to subparagraph (A) shall be completed in accordance with
line 24 subdivision (b). This subparagraph does not constitute a change
line 25 in, but is declaratory of, existing law.
line 26 (C) Notwithstanding Section 65589.5, a jurisdiction shall not
line 27 be required to approve a builder’s remedy project, as defined in
line 28 paragraph (11) of subdivision (h) of Section 65889.5, within the
line 29 planning agency’s jurisdiction during either of the following
line 30 periods:
line 31 (i) The duration of the department’s review of a draft element
line 32 or draft amendment revised pursuant to this paragraph.
line 33 (ii) Ninety days from the date the department notifies the
line 34 planning agency of additional deficiencies not previously identified
line 35 by the department in response to the prior submission of the draft
line 36 element or draft amendment.
line 37 (2) Adopt the draft element or draft amendment without the
line 38 specific analysis or text required by the department pursuant to
line 39 subdivision (d). The legislative body shall include in its resolution
line 40 of adoption written findings that explain the reasons the legislative
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AB 650 — 41 —
line 1 body believes that the draft element or draft amendment
line 2 substantially complies with this article despite the findings of, and
line 3 specific analysis or text required by, the department.
line 4 (g) (1) Promptly following the adoption of its element or
line 5 amendment, the planning agency shall submit a copy of the adopted
line 6 element or amendment and any findings made pursuant to
line 7 paragraph (2) of subdivision (f) to the department.
line 8 (2) This subdivision shall not be construed to excuse a legislative
line 9 body from complying with subdivision (f). This paragraph does
line 10 not constitute a change in, but is declaratory of, existing law.
line 11 (h) The department shall, within 60 days, review adopted
line 12 housing elements or amendments and any findings pursuant to
line 13 paragraph (2) of subdivision (f), make a finding as to whether the
line 14 adopted element or amendment is in substantial compliance with
line 15 this article, and report its findings to the planning agency. If the
line 16 department finds that the adopted element or amendment is not in
line 17 substantial compliance with this article, the department shall
line 18 identify each subdivision of Section 65583 that the housing element
line 19 does not substantially comply with and provide the specific analysis
line 20 or text to the planning agency that, if adopted, would bring the
line 21 housing element or amendment into substantial compliance.
line 22 (i) (1) (A) The department shall review any action or failure
line 23 to act by the city, county, or city and county that it determines is
line 24 inconsistent with an adopted housing element or Section 65583,
line 25 including any failure to implement any program actions included
line 26 in the housing element pursuant to Section 65583. The department
line 27 shall issue written findings to the city, county, or city and county
line 28 as to whether the action or failure to act substantially complies
line 29 with this article, and provide a reasonable time no longer than 30
line 30 days for the city, county, or city and county to respond to the
line 31 findings before taking any other action authorized by this section,
line 32 including the action authorized by subparagraph (C).
line 33 (B) If the department finds that the city’s, county’s, or city and
line 34 county’s action or failure to act does not substantially comply with
line 35 its adopted housing element or its obligations pursuant to Section
line 36 65583, there shall be a rebuttable presumption of invalidity in any
line 37 legal action challenging that action or failure to act.
line 38 (C) If the department finds that the action or failure to act by
line 39 the city, county, or city and county does not substantially comply
line 40 with this article, and if it has issued findings pursuant to this section
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line 1 that an amendment to the housing element substantially complies
line 2 with this article, the department may revoke its findings until it
line 3 determines that the city, county, or city and county has come into
line 4 compliance with this article.
line 5 (2) The department may consult with any local government,
line 6 public agency, group, or person, and shall receive and consider
line 7 any written comments from any public agency, group, or person,
line 8 regarding the action or failure to act by the city, county, or city
line 9 and county described in paragraph (1), in determining whether the
line 10 housing element substantially complies with this article.
line 11 (j) The department shall notify the city, county, or city and
line 12 county and may notify the office of the Attorney General that the
line 13 city, county, or city and county is in violation of state law if the
line 14 department finds that the housing element or an amendment to this
line 15 element, or any action or failure to act described in subdivision
line 16 (j), does not substantially comply with this article or that any local
line 17 government has taken an action in violation of the following:
line 18 (1) Housing Accountability Act (Section 65589.5).
line 19 (2) Section 65863.
line 20 (3) Chapter 4.3 (commencing with Section 65915).
line 21 (4) Section 65008.
line 22 (5) Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019,
line 23 Sections 65941.1, 65943, and 66300).
line 24 (6) Section 8899.50.
line 25 (7) Section 65913.4.
line 26 (8) Article 11 (commencing with Section 65650).
line 27 (9) Article 12 (commencing with Section 65660).
line 28 (10) Section 65913.11.
line 29 (11) Section 65400.
line 30 (12) Section 65863.2.
line 31 (13) Chapter 4.1 (commencing with Section 65912.100).
line 32 (14) Section 65905.5.
line 33 (15) Chapter 13 (commencing with Section 66310).
line 34 (16) Section 65852.21.
line 35 (17) Section 65852.24.
line 36 (18) Section 66411.7.
line 37 (19) Section 65913.16.
line 38 (20) Article 2 (commencing with Section 66300.5) of Chapter
line 39 12.
line 40 (21) Section 65852.28.
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AB 650 — 43 —
line 1 (22) Section 65913.4.5.
line 2 (23) Section 66499.41.
line 3 (24) Homeless Housing, Assistance, and Prevention program
line 4 (Chapter 6 (commencing with Section 50216) and Chapter 6.5
line 5 (commencing with Section 50230) of Part 1 of Division 31 of the
line 6 Health and Safety Code).
line 7 (25) Encampment Resolution Funding program (Chapter 7
line 8 (commencing with Section 50250) of Part 1 of Division 31 of the
line 9 Health and Safety Code).
line 10 (26) Family Homelessness Challenge Grants and Technical
line 11 Assistance Program (Chapter 8 (commencing with Section 50255)
line 12 of Part 1 of Division 31 of the Health and Safety Code).
line 13 (27) (A) Article 11.5 (commencing with Section 65658).
line 14 (B) This paragraph shall become operative only if Assembly
line 15 Bill 3068 of the 2023–24 Regular Session of the Legislature is
line 16 enacted and takes effect on or before January 1, 2025.
line 17 (k) Commencing July 1, 2019, prior to the Attorney General
line 18 bringing any suit for a violation of the provisions identified in
line 19 subdivision (j) related to housing element compliance and seeking
line 20 remedies available pursuant to this subdivision, the department
line 21 shall offer the jurisdiction the opportunity for two meetings in
line 22 person or via telephone to discuss the violation, and shall provide
line 23 the jurisdiction written findings regarding the violation. This
line 24 paragraph does not affect any action filed prior to the effective
line 25 date of this section. The requirements set forth in this subdivision
line 26 do not apply to any suits brought for a violation or violations of
line 27 paragraphs (1) and (3) to (9), inclusive, of subdivision (j).
line 28 (l) In any action or special proceeding brought by the Attorney
line 29 General relating to housing element compliance pursuant to a
line 30 notice or referral under subdivision (j), the Attorney General may
line 31 request, upon a finding of the court that the housing element does
line 32 not substantially comply with the requirements of this article
line 33 pursuant to this section, that the court issue an order or judgment
line 34 directing the jurisdiction to bring its housing element into
line 35 substantial compliance with the requirements of this article. The
line 36 court shall retain jurisdiction to ensure that its order or judgment
line 37 is carried out. If a court determines that the housing element of
line 38 the jurisdiction substantially complies with this article, it shall
line 39 have the same force and effect, for purposes of eligibility for any
line 40 financial assistance that requires a housing element in substantial
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line 1 compliance and for purposes of any incentives provided under
line 2 Section 65589.9, as a determination by the department that the
line 3 housing element substantially complies with this article.
line 4 (1) If the jurisdiction has not complied with the order or
line 5 judgment after 12 months, the court shall conduct a status
line 6 conference. Following the status conference, upon a determination
line 7 that the jurisdiction failed to comply with the order or judgment
line 8 compelling substantial compliance with the requirements of this
line 9 article, the court shall impose fines on the jurisdiction, which shall
line 10 be deposited into the Building Homes and Jobs Trust Fund. Any
line 11 fine levied pursuant to this paragraph shall be in a minimum
line 12 amount of ten thousand dollars ($10,000) per month, but shall not
line 13 exceed one hundred thousand dollars ($100,000) per month, except
line 14 as provided in paragraphs (2) and (3). In the event that the
line 15 jurisdiction fails to pay fines imposed by the court in full and on
line 16 time, the court may require the Controller to intercept any available
line 17 state and local funds and direct such funds to the Building Homes
line 18 and Jobs Trust Fund to correct the jurisdiction’s failure to pay.
line 19 The intercept of the funds by the Controller for this purpose shall
line 20 not violate any provision of the California Constitution.
line 21 (2) If the jurisdiction has not complied with the order or
line 22 judgment after three months following the imposition of fees
line 23 described in paragraph (1), the court shall conduct a status
line 24 conference. Following the status conference, if the court finds that
line 25 the fees imposed pursuant to paragraph (1) are insufficient to bring
line 26 the jurisdiction into compliance with the order or judgment, the
line 27 court may multiply the fine determined pursuant to paragraph (1)
line 28 by a factor of three. In the event that the jurisdiction fails to pay
line 29 fines imposed by the court in full and on time, the court may
line 30 require the Controller to intercept any available state and local
line 31 funds and direct such funds to the Building Homes and Jobs Trust
line 32 Fund to correct the jurisdiction’s failure to pay. The intercept of
line 33 the funds by the Controller for this purpose shall not violate any
line 34 provision of the California Constitution.
line 35 (3) If the jurisdiction has not complied with the order or
line 36 judgment six months following the imposition of fees described
line 37 in paragraph (1), the court shall conduct a status conference. Upon
line 38 a determination that the jurisdiction failed to comply with the order
line 39 or judgment, the court may impose the following:
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line 1 (A) If the court finds that the fees imposed pursuant to
line 2 paragraphs (1) and (2) are insufficient to bring the jurisdiction into
line 3 compliance with the order or judgment, the court may multiply
line 4 the fine determined pursuant to paragraph (1) by a factor of six.
line 5 In the event that the jurisdiction fails to pay fines imposed by the
line 6 court in full and on time, the court may require the Controller to
line 7 intercept any available state and local funds and direct such funds
line 8 to the Building Homes and Jobs Trust Fund to correct the
line 9 jurisdiction’s failure to pay. The intercept of the funds by the
line 10 Controller for this purpose shall not violate any provision of the
line 11 California Constitution.
line 12 (B) The court may order remedies available pursuant to Section
line 13 564 of the Code of Civil Procedure, under which the agent of the
line 14 court may take all governmental actions necessary to bring the
line 15 jurisdiction’s housing element into substantial compliance pursuant
line 16 to this article in order to remedy identified deficiencies. The court
line 17 shall determine whether the housing element of the jurisdiction
line 18 substantially complies with this article and, once the court makes
line 19 that determination, it shall have the same force and effect, for all
line 20 purposes, as the department’s determination that the housing
line 21 element substantially complies with this article. An agent appointed
line 22 pursuant to this paragraph shall have expertise in planning in
line 23 California.
line 24 (4) This subdivision does not limit a court’s discretion to apply
line 25 any and all remedies in an action or special proceeding for a
line 26 violation of any law identified in subdivision (j).
line 27 (m) In determining the application of the remedies available
line 28 under subdivision (l), the court shall consider whether there are
line 29 any mitigating circumstances delaying the jurisdiction from coming
line 30 into compliance with state housing law. The court may consider
line 31 whether a city, county, or city and county is making a good faith
line 32 effort to come into substantial compliance or is facing substantial
line 33 undue hardships.
line 34 (n) Nothing in this section shall limit the authority of the office
line 35 of the Attorney General to bring a suit to enforce state law in an
line 36 independent capacity. The office of the Attorney General may seek
line 37 all remedies available under law including those set forth in this
line 38 section.
line 39 (o) Notwithstanding Sections 11040 and 11042, if the Attorney
line 40 General declines to represent the department in any action or
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line 1 special proceeding brought pursuant to a notice or referral under
line 2 subdivision (j), the department may appoint or contract with other
line 3 counsel for purposes of representing the department in the action
line 4 or special proceeding.
line 5 (p) Notwithstanding any other provision of law, the statute of
line 6 limitations set forth in subdivision (a) of Section 338 of the Code
line 7 of Civil Procedure shall apply to any action or special proceeding
line 8 brought by the office of the Attorney General or pursuant to a
line 9 notice or referral under subdivision (j), or by the department
line 10 pursuant to subdivision (o).
line 11 (q) The amendments to this section made by the act adding this
line 12 subdivision shall not be construed to limit the department’s ability
line 13 to enforce programmatic requirements or remedies against cities,
line 14 counties, and continuums of care pursuant to the Homeless
line 15 Housing, Assistance, and Prevention program (Chapter 6
line 16 (commencing with Section 50216) and Chapter 6.5 (commencing
line 17 with Section 50230) of Part 1 of Division 31 of the Health and
line 18 Safety Code), the Encampment Resolution Funding program
line 19 (Chapter 7 (commencing with Section 50250)), and the Family
line 20 Homelessness Challenge Grants and Technical Assistance Program
line 21 (Chapter 8 (commencing with Section 50255)).
line 22 SEC. 7. Section 65589.5 of the Government Code is amended
line 23 to read:
line 24 65589.5. (a) (1) The Legislature finds and declares all of the
line 25 following:
line 26 (A) The lack of housing, including emergency shelters, is a
line 27 critical problem that threatens the economic, environmental, and
line 28 social quality of life in California.
line 29 (B) California housing has become the most expensive in the
line 30 nation. The excessive cost of the state’s housing supply is partially
line 31 caused by activities and policies of many local governments that
line 32 limit the approval of housing, increase the cost of land for housing,
line 33 and require that high fees and exactions be paid by producers of
line 34 housing.
line 35 (C) Among the consequences of those actions are discrimination
line 36 against low-income and minority households, lack of housing to
line 37 support employment growth, imbalance in jobs and housing,
line 38 reduced mobility, urban sprawl, excessive commuting, and air
line 39 quality deterioration.
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line 1 (D) Many local governments do not give adequate attention to
line 2 the economic, environmental, and social costs of decisions that
line 3 result in disapproval of housing development projects, reduction
line 4 in density of housing projects, and excessive standards for housing
line 5 development projects.
line 6 (2) In enacting the amendments made to this section by the act
line 7 adding this paragraph, the Legislature further finds and declares
line 8 the following:
line 9 (A) California has a housing supply and affordability crisis of
line 10 historic proportions. The consequences of failing to effectively
line 11 and aggressively confront this crisis are hurting millions of
line 12 Californians, robbing future generations of the chance to call
line 13 California home, stifling economic opportunities for workers and
line 14 businesses, worsening poverty and homelessness, and undermining
line 15 the state’s environmental and climate objectives.
line 16 (B) While the causes of this crisis are multiple and complex,
line 17 the absence of meaningful and effective policy reforms to
line 18 significantly enhance the approval and supply of housing affordable
line 19 to Californians of all income levels is a key factor.
line 20 (C) The crisis has grown so acute in California that supply,
line 21 demand, and affordability fundamentals are characterized in the
line 22 negative: underserved demands, constrained supply, and protracted
line 23 unaffordability.
line 24 (D) According to reports and data, California has accumulated
line 25 an unmet housing backlog of nearly 2,000,000 units and must
line 26 provide for at least 180,000 new units annually to keep pace with
line 27 growth through 2025.
line 28 (E) California’s overall home ownership rate is at its lowest
line 29 level since the 1940s. The state ranks 49th out of the 50 states in
line 30 home ownership rates as well as in the supply of housing per capita.
line 31 Only one-half of California’s households are able to afford the
line 32 cost of housing in their local regions.
line 33 (F) Lack of supply and rising costs are compounding inequality
line 34 and limiting advancement opportunities for many Californians.
line 35 (G) The majority of California renters, more than 3,000,000
line 36 households, pay more than 30 percent of their income toward rent
line 37 and nearly one-third, more than 1,500,000 households, pay more
line 38 than 50 percent of their income toward rent.
line 39 (H) When Californians have access to safe and affordable
line 40 housing, they have more money for food and health care; they are
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line 1 less likely to become homeless and in need of
line 2 government-subsidized services; their children do better in school;
line 3 and businesses have an easier time recruiting and retaining
line 4 employees.
line 5 (I) An additional consequence of the state’s cumulative housing
line 6 shortage is a significant increase in greenhouse gas emissions
line 7 caused by the displacement and redirection of populations to states
line 8 with greater housing opportunities, particularly working- and
line 9 middle-class households. California’s cumulative housing shortfall
line 10 therefore has not only national but international environmental
line 11 consequences.
line 12 (J) California’s housing picture has reached a crisis of historic
line 13 proportions despite the fact that, for decades, the Legislature has
line 14 enacted numerous statutes intended to significantly increase the
line 15 approval, development, and affordability of housing for all income
line 16 levels, including this section.
line 17 (K) The Legislature’s intent in enacting this section in 1982 and
line 18 in expanding its provisions since then was to significantly increase
line 19 the approval and construction of new housing for all economic
line 20 segments of California’s communities by meaningfully and
line 21 effectively curbing the capability of local governments to deny,
line 22 reduce the density for, or render infeasible housing development
line 23 projects and emergency shelters. That intent has not been fulfilled.
line 24 (L) It is the policy of the state that this section be interpreted
line 25 and implemented in a manner to afford the fullest possible weight
line 26 to the interest of, and the approval and provision of, housing.
line 27 (3) It is the intent of the Legislature that the conditions that
line 28 would have a specific, adverse impact upon the public health and
line 29 safety, as described in paragraph (2) of subdivision (d) and
line 30 paragraph (1) of subdivision (j), arise infrequently.
line 31 (4) It is the intent of the Legislature that the amendments
line 32 removing provisions from subparagraphs (D) and (E) of paragraph
line 33 (6) of subdivision (h) and adding those provisions to Sections
line 34 65589.5.1 and 65589.5.2 by Assembly Bill 1413 (2023), insofar
line 35 as they are substantially the same as existing law, shall be
line 36 considered restatements and continuations of existing law, and not
line 37 new enactments.
line 38 (b) It is the policy of the state that a local government not reject
line 39 or make infeasible housing development projects, including
line 40 emergency shelters, that contribute to meeting the need determined
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line 1 pursuant to this article without a thorough analysis of the economic,
line 2 social, and environmental effects of the action and without
line 3 complying with subdivision (d).
line 4 (c) The Legislature also recognizes that premature and
line 5 unnecessary development of agricultural lands for urban uses
line 6 continues to have adverse effects on the availability of those lands
line 7 for food and fiber production and on the economy of the state.
line 8 Furthermore, it is the policy of the state that development should
line 9 be guided away from prime agricultural lands; therefore, in
line 10 implementing this section, local jurisdictions should encourage,
line 11 to the maximum extent practicable, in filling existing urban areas.
line 12 (d) For a housing development project for very low, low-, or
line 13 moderate-income households, or an emergency shelter, a local
line 14 agency shall not disapprove the housing development project or
line 15 emergency shelter, or condition approval in a manner that renders
line 16 the housing development project or emergency shelter infeasible,
line 17 including through the use of design review standards, unless it
line 18 makes written findings, based upon a preponderance of the
line 19 evidence in the record, as to one of the following:
line 20 (1) The jurisdiction has adopted a housing element pursuant to
line 21 this article that has been revised in accordance with Section 65588,
line 22 is in substantial compliance with this article, and the jurisdiction
line 23 has met or exceeded its share of the regional housing need
line 24 allocation pursuant to Section 65584 for the planning period for
line 25 the income category proposed for the housing development project,
line 26 provided that any disapproval or conditional approval shall not be
line 27 based on any of the reasons prohibited by Section 65008. If the
line 28 housing development project includes a mix of income categories,
line 29 and the jurisdiction has not met or exceeded its share of the regional
line 30 housing need for one or more of those categories, then this
line 31 paragraph shall not be used to disapprove or conditionally approve
line 32 the housing development project. The share of the regional housing
line 33 need met by the jurisdiction shall be calculated consistently with
line 34 the forms and definitions that may be adopted by the Department
line 35 of Housing and Community Development pursuant to Section
line 36 65400. In the case of an emergency shelter, the jurisdiction shall
line 37 have met or exceeded the need for emergency shelter, as identified
line 38 pursuant to paragraph (7) of subdivision (a) of Section 65583. Any
line 39 disapproval or conditional approval pursuant to this paragraph
line 40 shall be in accordance with applicable law, rule, or standards.
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line 1 (2) The housing development project or emergency shelter as
line 2 proposed would have a specific, adverse impact upon the public
line 3 health or safety, and there is no feasible method to satisfactorily
line 4 mitigate or avoid the specific, adverse impact without rendering
line 5 the development unaffordable to low- and moderate-income
line 6 households or rendering the development of the emergency shelter
line 7 financially infeasible. As used in this paragraph, a “specific,
line 8 adverse impact” means a significant, quantifiable, direct, and
line 9 unavoidable impact, based on objective, identified written public
line 10 health or safety standards, policies, or conditions as they existed
line 11 on the date the application was deemed complete. The following
line 12 shall not constitute a specific, adverse impact upon the public
line 13 health or safety:
line 14 (A) Inconsistency with the zoning ordinance or general plan
line 15 land use designation.
line 16 (B) The eligibility to claim a welfare exemption under
line 17 subdivision (g) of Section 214 of the Revenue and Taxation Code.
line 18 (3) The denial of the housing development project or imposition
line 19 of conditions is required in order to comply with specific state or
line 20 federal law, and there is no feasible method to comply without
line 21 rendering the development unaffordable to low- and
line 22 moderate-income households or rendering the development of the
line 23 emergency shelter financially infeasible.
line 24 (4) The housing development project or emergency shelter is
line 25 proposed on land zoned for agriculture or resource preservation
line 26 that is surrounded on at least two sides by land being used for
line 27 agricultural or resource preservation purposes, or which does not
line 28 have adequate water or wastewater facilities to serve the project.
line 29 (5) On the date an application for the housing development
line 30 project or emergency shelter was deemed complete, the jurisdiction
line 31 had adopted a revised housing element that was in substantial
line 32 compliance with this article, and the housing development project
line 33 or emergency shelter was inconsistent with both the jurisdiction’s
line 34 zoning ordinance and general plan land use designation as specified
line 35 in any element of the general plan.
line 36 (A) This paragraph shall not be utilized to disapprove or
line 37 conditionally approve a housing development project proposed on
line 38 a site, including a candidate site for rezoning, that is identified as
line 39 suitable or available for very low, low-, or moderate-income
line 40 households in the jurisdiction’s housing element if the housing
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AB 650 — 51 —
line 1 development project is consistent with the density specified in the
line 2 housing element, even though the housing development project
line 3 was inconsistent with both the jurisdiction’s zoning ordinance and
line 4 general plan land use designation on the date the application was
line 5 deemed complete.
line 6 (B) If the local agency has failed to identify a zone or zones
line 7 where emergency shelters are allowed as a permitted use without
line 8 a conditional use or other discretionary permit, has failed to
line 9 demonstrate that the identified zone or zones include sufficient
line 10 capacity to accommodate the need for emergency shelter identified
line 11 in paragraph (7) of subdivision (a) of Section 65583, or has failed
line 12 to demonstrate that the identified zone or zones can accommodate
line 13 at least one emergency shelter, as required by paragraph (4) of
line 14 subdivision (a) of Section 65583, then this paragraph shall not be
line 15 utilized to disapprove or conditionally approve an emergency
line 16 shelter proposed for a site designated in any element of the general
line 17 plan for industrial, commercial, or multifamily residential uses. In
line 18 any action in court, the burden of proof shall be on the local agency
line 19 to show that its housing element does satisfy the requirements of
line 20 paragraph (4) of subdivision (a) of Section 65583.
line 21 (6) On the date an application for the housing development
line 22 project or emergency shelter was deemed complete, the jurisdiction
line 23 did not have an adopted revised housing element that was in
line 24 substantial compliance with this article and the housing
line 25 development project is not a builder’s remedy project.
line 26 (7) On the date an application for the housing development
line 27 project or emergency shelter was deemed complete, the jurisdiction
line 28 did not have an adopted revised housing element that was in
line 29 substantial compliance with this article, and the housing
line 30 development project is a builder’s remedy project, and at least one
line 31 of the conditions described in subparagraph (C) of paragraph (1)
line 32 of subdivision (f) of Section 65585 applies.
line 33 (e) Nothing in this section shall be construed to relieve the local
line 34 agency from complying with the congestion management program
line 35 required by Chapter 2.6 (commencing with Section 65088) of
line 36 Division 1 of Title 7 or the California Coastal Act of 1976
line 37 (Division 20 (commencing with Section 30000) of the Public
line 38 Resources Code). Neither shall anything in this section be
line 39 construed to relieve the local agency from making one or more of
line 40 the findings required pursuant to Section 21081 of the Public
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line 1 Resources Code or otherwise complying with the California
line 2 Environmental Quality Act (Division 13 (commencing with Section
line 3 21000) of the Public Resources Code).
line 4 (f) (1) Except as provided in paragraphs (6) and (8) of this
line 5 subdivision, and subdivision (o), nothing in this section shall be
line 6 construed to prohibit a local agency from requiring the housing
line 7 development project to comply with objective, quantifiable, written
line 8 development standards, conditions, and policies appropriate to,
line 9 and consistent with, meeting the jurisdiction’s share of the regional
line 10 housing need pursuant to Section 65584. However, the
line 11 development standards, conditions, and policies shall be applied
line 12 to facilitate and accommodate development at the density permitted
line 13 on the site and proposed by the development. Nothing in this
line 14 section shall limit a project’s eligibility for a density bonus,
line 15 incentive, or concession, or waiver or reduction of development
line 16 standards and parking ratios, pursuant to Section 65915.
line 17 (2) Except as provided in subdivision (o), nothing in this section
line 18 shall be construed to prohibit a local agency from requiring an
line 19 emergency shelter project to comply with objective, quantifiable,
line 20 written development standards, conditions, and policies that are
line 21 consistent with paragraph (4) of subdivision (a) of Section 65583
line 22 and appropriate to, and consistent with, meeting the jurisdiction’s
line 23 need for emergency shelter, as identified pursuant to paragraph
line 24 (7) of subdivision (a) of Section 65583. However, the development
line 25 standards, conditions, and policies shall be applied by the local
line 26 agency to facilitate and accommodate the development of the
line 27 emergency shelter project.
line 28 (3) Except as provided in subdivision (o), nothing in this section
line 29 shall be construed to prohibit a local agency from imposing fees
line 30 and other exactions otherwise authorized by law that are essential
line 31 to provide necessary public services and facilities to the housing
line 32 development project or emergency shelter.
line 33 (4) For purposes of this section, a housing development project
line 34 or emergency shelter shall be deemed consistent, compliant, and
line 35 in conformity with an applicable plan, program, policy, ordinance,
line 36 standard, requirement, or other similar provision if there is
line 37 substantial evidence that would allow a reasonable person to
line 38 conclude that the housing development project or emergency
line 39 shelter is consistent, compliant, or in conformity.
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AB 650 — 53 —
line 1 (5) For purposes of this section, a change to the zoning ordinance
line 2 or general plan land use designation subsequent to the date the
line 3 application was deemed complete shall not constitute a valid basis
line 4 to disapprove or condition approval of the housing development
line 5 project or emergency shelter.
line 6 (6) Notwithstanding paragraphs (1) to (5), inclusive, all of the
line 7 following apply to a housing development project that is a builder’s
line 8 remedy project:
line 9 (A) A local agency may only require the project to comply with
line 10 the objective, quantifiable, written development standards,
line 11 conditions, and policies that would have applied to the project had
line 12 it been proposed on a site with a general plan designation and
line 13 zoning classification that allow the density and unit type proposed
line 14 by the applicant. If the local agency has no general plan designation
line 15 or zoning classification that would have allowed the density and
line 16 unit type proposed by the applicant, the development proponent
line 17 may identify any objective, quantifiable, written development
line 18 standards, conditions, and policies associated with a different
line 19 general plan designation or zoning classification within that
line 20 jurisdiction, that facilitate the project’s density and unit type, and
line 21 those shall apply.
line 22 (B) (i) Except as authorized by paragraphs (1) to (4), inclusive,
line 23 of subdivision (d), a local agency shall not apply any individual
line 24 or combination of objective, quantifiable, written development
line 25 standards, conditions, and policies to the project that do any of the
line 26 following:
line 27 (I) Render the project infeasible.
line 28 (II) Preclude a project that meets the requirements allowed to
line 29 be imposed by subparagraph (A), as modified by any density bonus,
line 30 incentive, or concession, or waiver or reduction of development
line 31 standards and parking ratios, pursuant to Section 65915, from
line 32 being constructed as proposed by the applicant.
line 33 (ii) The local agency shall bear the burden of proof of complying
line 34 with clause (i).
line 35 (C) (i) A project applicant that qualifies for a density bonus
line 36 pursuant to Section 65915 shall receive two incentives or
line 37 concessions in addition to those granted pursuant to paragraph (2)
line 38 of subdivision (d) of Section 65915.
line 39 (ii) For a project seeking density bonuses, incentives,
line 40 concessions, or any other benefits pursuant to Section 65915, and
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line 1 notwithstanding paragraph (6) of subdivision (o) of Section 65915,
line 2 for purposes of this paragraph, maximum allowable residential
line 3 density or base density means the density permitted for a builder’s
line 4 remedy project pursuant to subparagraph (C) of paragraph (11) of
line 5 subdivision (h).
line 6 (iii) A local agency shall grant any density bonus pursuant to
line 7 Section 65915 based on the number of units proposed and
line 8 allowable pursuant to subparagraph (C) of paragraph (11) of
line 9 subdivision (h).
line 10 (iv) A project that dedicates units to extremely low-income
line 11 households pursuant to subclause (I) of clause (i) of subparagraph
line 12 (C) of paragraph (3) of subdivision (h) shall be eligible for the
line 13 same density bonus, incentives or concessions, and waivers or
line 14 reductions of development standards as provided to a housing
line 15 development project that dedicates three percentage points more
line 16 units to very low income households pursuant to paragraph (2) of
line 17 subdivision (f) of Section 65915.
line 18 (v) All units dedicated to extremely low-income, very low
line 19 income, low-income, and moderate-income households pursuant
line 20 to paragraph (11) of subdivision (h) shall be counted as affordable
line 21 units in determining whether the applicant qualifies for a density
line 22 bonus pursuant to Section 65915.
line 23 (D) (i) The project shall not be required to apply for, or receive
line 24 approval of, a general plan amendment, specific plan amendment,
line 25 rezoning, or other legislative approval.
line 26 (ii) The project shall not be required to apply for, or receive,
line 27 any approval or permit not generally required of a project of the
line 28 same type and density proposed by the applicant.
line 29 (iii) Any project that complies with this paragraph shall be
line 30 deemed consistent, compliant, and in conformity with an applicable
line 31 plan, program, policy, ordinance, standard, requirement,
line 32 redevelopment plan and implementing instruments, or other similar
line 33 provision for all purposes, and shall not be considered or treated
line 34 as a nonconforming lot, use, or structure for any purpose.
line 35 (E) A local agency shall not adopt or impose any requirement,
line 36 process, practice, or procedure or undertake any course of conduct,
line 37 including, but not limited to, increased fees or inclusionary housing
line 38 requirements, that applies to a project solely or partially on the
line 39 basis that the project is a builder’s remedy project.
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AB 650 — 55 —
line 1 (F) (i) A builder’s remedy project shall be deemed to be in
line 2 compliance with the residential density standards for the purposes
line 3 of complying with subdivision (b) of Section 65912.123.
line 4 (ii) A builder’s remedy project shall be deemed to be in
line 5 compliance with the objective zoning standards, objective
line 6 subdivision standards, and objective design review standards for
line 7 the purposes of complying with paragraph (5) of subdivision (a)
line 8 of Section 65913.4.
line 9 (G) (i) (I) If the local agency had a local affordable housing
line 10 requirement, as defined in Section 65912.101, that on January 1,
line 11 2024, required a greater percentage of affordable units than
line 12 required under subparagraph (A) of paragraph (11) of subdivision
line 13 (h), or required an affordability level deeper than what is required
line 14 under subparagraph (A) of paragraph (11) of subdivision (h), then,
line 15 except as provided in subclauses (II) and (III), the local agency
line 16 may require a housing development for mixed-income households
line 17 to comply with an otherwise lawfully applicable local affordability
line 18 percentage or affordability level. The local agency shall not require
line 19 housing for mixed-income households to comply with any other
line 20 aspect of the local affordable housing requirement.
line 21 (II) Notwithstanding subclause (I), the local affordable housing
line 22 requirements shall not be applied to require housing for
line 23 mixed-income households to dedicate more than 20 percent of the
line 24 units to affordable units of any kind.
line 25 (III) Housing for mixed-income households that is required to
line 26 dedicate 20 percent of the units to affordable units shall not be
line 27 required to dedicate any of the affordable units at an income level
line 28 deeper than lower income households, as defined in Section
line 29 50079.5 of the Health and Safety Code.
line 30 (IV) A local agency may only require housing for mixed-income
line 31 households to comply with the local percentage requirement or
line 32 affordability level described in subclause (I) if it first makes written
line 33 findings, supported by a preponderance of evidence, that
line 34 compliance with the local percentage requirement or the
line 35 affordability level, or both, would not render the housing
line 36 development project infeasible. If a reasonable person could find
line 37 compliance with either requirement, either alone or in combination,
line 38 would render the project infeasible, the project shall not be required
line 39 to comply with that requirement.
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line 1 (ii) Affordable units in the development project shall have a
line 2 comparable bedroom and bathroom count as the market rate units.
line 3 (iii) Each affordable unit dedicated pursuant to this subparagraph
line 4 shall count toward satisfying a local affordable housing
line 5 requirement. Each affordable unit dedicated pursuant to a local
line 6 affordable housing requirement that meets the criteria established
line 7 in this subparagraph shall count towards satisfying the requirements
line 8 of this subparagraph. This is declaratory of existing law.
line 9 (7) (A) For a housing development project application that is
line 10 deemed complete before January 1, 2025, the development
line 11 proponent for the project may choose to be subject to the provisions
line 12 of this section that were in place on the date the preliminary
line 13 application was submitted, or, if the project meets the definition
line 14 of a builder’s remedy project, it may choose to be subject to any
line 15 or all of the provisions of this section applicable as of January 1,
line 16 2025.
line 17 (B) Notwithstanding subdivision (c) of Section 65941.1, for a
line 18 housing development project deemed complete before January 1,
line 19 2025, the development proponent may choose to revise their
line 20 application so that the project is a builder’s remedy project, without
line 21 being required to resubmit a preliminary application, even if the
line 22 revision results in the number of residential units or square footage
line 23 of construction changing by 20 percent or more.
line 24 (8) A housing development project proposed on a site that is
line 25 identified as suitable or available for very low, low-, or
line 26 moderate-income households in the jurisdiction’s housing element,
line 27 that is consistent with the density specified in the most recently
line 28 updated and adopted housing element, and that is inconsistent with
line 29 both the jurisdiction’s zoning ordinance and general plan land use
line 30 designation on the date the application was deemed complete, shall
line 31 be subject to the provisions of subparagraphs (A), (B), and (D) of
line 32 paragraph (6) and paragraph (9).
line 33 (9) For purposes of this subdivision, “objective, quantifiable,
line 34 written development standards, conditions, and policies” means
line 35 criteria that involve no personal or subjective judgment by a public
line 36 official and are uniformly verifiable by reference to an external
line 37 and uniform benchmark or criterion available and knowable by
line 38 both the development applicant or proponent and the public official
line 39 before submittal, including, but not limited to, any standard,
line 40 ordinance, or policy described in paragraph (4) of subdivision (o).
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AB 650 — 57 —
line 1 Nothing herein shall affect the obligation of the housing
line 2 development project to comply with the minimum building
line 3 standards approved by the California Building Standards
line 4 Commission as provided in Part 2.5 (commencing with Section
line 5 18901) of Division 13 of the Health and Safety Code. In the event
line 6 that applicable objective, quantifiable, written development
line 7 standards, conditions, and policies are mutually inconsistent, a
line 8 development shall be deemed consistent with the criteria that
line 9 permits the density and unit type closest to that of the proposed
line 10 project.
line 11 (g) This section shall be applicable to charter cities because the
line 12 Legislature finds that the lack of housing, including emergency
line 13 shelter, is a critical statewide problem.
line 14 (h) The following definitions apply for the purposes of this
line 15 section:
line 16 (1) “Feasible” means capable of being accomplished in a
line 17 successful manner within a reasonable period of time, taking into
line 18 account economic, environmental, social, and technological factors.
line 19 (2) “Housing development project” means a use consisting of
line 20 any of the following:
line 21 (A) Residential units only.
line 22 (B) Mixed-use developments consisting of residential and
line 23 nonresidential uses that meet any of the following conditions:
line 24 (i) At least two-thirds of the new or converted square footage
line 25 is designated for residential use.
line 26 (ii) At least 50 percent of the new or converted square footage
line 27 is designated for residential use and the project meets both of the
line 28 following:
line 29 (I) The project includes at least 500 net new residential units.
line 30 (II) No portion of the project is designated for use as a hotel,
line 31 motel, bed and breakfast inn, or other transient lodging, except a
line 32 portion of the project may be designated for use as a residential
line 33 hotel, as defined in Section 50519 of the Health and Safety Code.
line 34 (iii) At least 50 percent of the net new or converted square
line 35 footage is designated for residential use and the project meets all
line 36 of the following:
line 37 (I) The project includes at least 500 net new residential units.
line 38 (II) The project involves the demolition or conversion of at least
line 39 100,000 square feet of nonresidential use.
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line 1 (III) The project demolishes at least 50 percent of the existing
line 2 nonresidential uses on the site.
line 3 (IV) No portion of the project is designated for use as a hotel,
line 4 motel, bed and breakfast inn, or other transient lodging, except a
line 5 portion of the project may be designated for use as a residential
line 6 hotel, as defined in Section 50519 of the Health and Safety Code.
line 7 (C) Transitional housing or supportive housing.
line 8 (D) Farmworker housing, as defined in subdivision (h) of
line 9 Section 50199.7 of the Health and Safety Code.
line 10 (3) (A) “Housing for very low, low-, or moderate-income
line 11 households” means housing for lower income households,
line 12 mixed-income households, or moderate-income households.
line 13 (B) “Housing for lower income households” means a housing
line 14 development project in which 100 percent of the units, excluding
line 15 managers’ units, are dedicated to lower income households, as
line 16 defined in Section 50079.5 of the Health and Safety Code, at an
line 17 affordable cost, as defined by Section 50052.5 of the Health and
line 18 Safety Code, or an affordable rent set in an amount consistent with
line 19 the rent limits established by the California Tax Credit Allocation
line 20 Committee. The units shall be subject to a recorded deed restriction
line 21 for a period of 55 years for rental units and 45 years for
line 22 owner-occupied units.
line 23 (C) (i) “Housing for mixed-income households” means any of
line 24 the following:
line 25 (I) A housing development project in which at least 7 percent
line 26 of the total units, as defined in subparagraph (A) of paragraph (8)
line 27 of subdivision (o) of Section 65915, are dedicated to extremely
line 28 low income households, as defined in Section 50106 of the Health
line 29 and Safety Code.
line 30 (II) A housing development project in which at least 10 percent
line 31 of the total units, as defined in subparagraph (A) of paragraph (8)
line 32 of subdivision (o) of Section 65915, are dedicated to very low
line 33 income households, as defined in Section 50105 of the Health and
line 34 Safety Code.
line 35 (III) A housing development project in which at least 13 percent
line 36 of the total units, as defined in subparagraph (A) of paragraph (8)
line 37 of subdivision (o) of Section 65915, are dedicated to lower income
line 38 households, as defined in Section 50079.5 of the Health and Safety
line 39 Code.
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line 1 (IV) A housing development project in which there are 10 or
line 2 fewer total units, as defined in subparagraph (A) of paragraph (8)
line 3 of subdivision (o) of Section 65915, that is on a site that is smaller
line 4 than one acre, and that is proposed for development at a minimum
line 5 density of 10 units per acre.
line 6 (ii) All units dedicated to extremely low income, very low
line 7 income, and low-income households pursuant to clause (i) shall
line 8 meet both of the following:
line 9 (I) The units shall have an affordable housing cost, as defined
line 10 in Section 50052.5 of the Health and Safety Code, or an affordable
line 11 rent, as defined in Section 50053 of the Health and Safety Code.
line 12 (II) The development proponent shall agree to, and the local
line 13 agency shall ensure, the continued affordability of all affordable
line 14 rental units included pursuant to this section for 55 years and all
line 15 affordable ownership units included pursuant to this section for a
line 16 period of 45 years.
line 17 (D) “Housing for moderate-income households” means a
line 18 housing development project in which 100 percent of the units are
line 19 sold or rented to moderate-income households, as defined in
line 20 Section 50093 of the Health and Safety Code, at an affordable
line 21 housing cost, as defined in Section 50052.5 of the Health and
line 22 Safety Code, or an affordable rent, as defined in Section 50053 of
line 23 the Health and Safety Code. The units shall be subject to a recorded
line 24 deed restriction for a period of 55 years for rental units and 45
line 25 years for owner-occupied units.
line 26 (4) “Area median income” means area median income as
line 27 periodically established by the Department of Housing and
line 28 Community Development pursuant to Section 50093 of the Health
line 29 and Safety Code.
line 30 (5) Notwithstanding any other law, until January 1, 2030,
line 31 “deemed complete” means that the applicant has submitted a
line 32 preliminary application pursuant to Section 65941.1 or, if the
line 33 applicant has not submitted a preliminary application, has
line 34 submitted a complete application pursuant to Section 65943. The
line 35 local agency shall bear the burden of proof in establishing that the
line 36 application is not complete.
line 37 (6) “Disapprove the housing development project” includes any
line 38 instance in which a local agency does any of the following:
line 39 (A) Votes or takes final administrative action on a proposed
line 40 housing development project application and the application is
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line 1 disapproved, including any required land use approvals or
line 2 entitlements necessary for the issuance of a building permit.
line 3 (B) Fails to comply with the time periods specified in
line 4 subdivision (a) of Section 65950. An extension of time pursuant
line 5 to Article 5 (commencing with Section 65950) shall be deemed to
line 6 be an extension of time pursuant to this paragraph.
line 7 (C) Fails to meet the time limits specified in Section 65913.3.
line 8 (D) Fails to cease a course of conduct undertaken for an
line 9 improper purpose, such as to harass or to cause unnecessary delay
line 10 or needless increases in the cost of the proposed housing
line 11 development project, that effectively disapproves the proposed
line 12 housing development without taking final administrative action if
line 13 all of the following conditions are met:
line 14 (i) The project applicant provides written notice detailing the
line 15 challenged conduct and why it constitutes disapproval to the local
line 16 agency established under Section 65100.
line 17 (ii) Within five working days of receiving the applicant’s written
line 18 notice described in clause (i), the local agency shall post the notice
line 19 on the local agency’s internet website, provide a copy of the notice
line 20 to any person who has made a written request for notices pursuant
line 21 to subdivision (f) of Section 21167 of the Public Resources Code,
line 22 and file the notice with the county clerk of each county in which
line 23 the project will be located. The county clerk shall post the notice
line 24 and make it available for public inspection in the manner set forth
line 25 in subdivision (c) of Section 21152 of the Public Resources Code.
line 26 (iii) The local agency shall consider all objections, comments,
line 27 evidence, and concerns about the project or the applicant’s written
line 28 notice and shall not make a determination until at least 60 days
line 29 after the applicant has given written notice to the local agency
line 30 pursuant to clause (i).
line 31 (iv) Within 90 days of receipt of the applicant’s written notice
line 32 described in clause (i), the local agency shall issue a written
line 33 statement that it will immediately cease the challenged conduct or
line 34 issue written findings that comply with both of the following
line 35 requirements:
line 36 (I) The findings articulate an objective basis for why the
line 37 challenged course of conduct is necessary.
line 38 (II) The findings provide clear instructions on what the applicant
line 39 must submit or supplement so that the local agency can make a
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AB 650 — 61 —
line 1 final determination regarding the next necessary approval or set
line 2 the date and time of the next hearing.
line 3 (v) (I) If a local agency continues the challenged course of
line 4 conduct described in the applicant’s written notice and fails to
line 5 issue the written findings described in clause (iv), the local agency
line 6 shall bear the burden of establishing that its course of conduct does
line 7 not constitute a disapproval of the housing development project
line 8 under this subparagraph in an action taken by the applicant.
line 9 (II) If an applicant challenges a local agency’s course of conduct
line 10 as a disapproval under this subparagraph, the local agency’s written
line 11 findings described in clause (iv) shall be incorporated into the
line 12 administrative record and be deemed to be the final administrative
line 13 action for purposes of adjudicating whether the local agency’s
line 14 course of conduct constitutes a disapproval of the housing
line 15 development project under this subparagraph.
line 16 (vi) A local agency’s action in furtherance of complying with
line 17 the California Environmental Quality Act (Division 13
line 18 (commencing with Section 21000) of the Public Resources Code),
line 19 including, but not limited to, imposing mitigating measures, shall
line 20 not constitute project disapproval under this subparagraph.
line 21 (E) Fails to comply with Section 65905.5. For purposes of this
line 22 subparagraph, a builder’s remedy project shall be deemed to
line 23 comply with the applicable, objective general plan and zoning
line 24 standards in effect at the time an application is deemed complete.
line 25 (F) (i) Determines that an application for a housing development
line 26 project is incomplete pursuant to subdivision (a) or (b) of Section
line 27 65943 and includes in the determination an item that is not required
line 28 on the local agency’s submittal requirement checklist. The local
line 29 agency shall bear the burden of proof that the required item is
line 30 listed on the submittal requirement checklist.
line 31 (ii) In a subsequent review of an application pursuant to Section
line 32 65943, requests the applicant provide new information that was
line 33 not identified in the initial determination and upholds this
line 34 determination in the final written determination on an appeal filed
line 35 pursuant to subdivision (c) of Section 65943. The local agency
line 36 shall bear the burden of proof that the required item was identified
line 37 in the initial determination.
line 38 (iii) Determines that an application for a housing development
line 39 project is incomplete pursuant to subdivision (a) or (b) of Section
line 40 65943, a reasonable person would conclude that the applicant has
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line 1 submitted all of the items required on the local agency’s submittal
line 2 requirement checklist, and the local agency upholds this
line 3 determination in the final written determination on an appeal filed
line 4 pursuant to subdivision (c) of Section 65943.
line 5 (iv) If a local agency determines that an application is
line 6 incomplete under Section 65943 after two resubmittals of the
line 7 application by the applicant, the local agency shall bear the burden
line 8 of establishing that the determination is not an effective disapproval
line 9 of a housing development project under this section.
line 10 (G) Violates subparagraph (D) or (E) of paragraph (6) of
line 11 subdivision (f).
line 12 (H) Makes a written determination that a preliminary application
line 13 described in subdivision (a) of Section 65941.1 has expired or that
line 14 the applicant has otherwise lost its vested rights under the
line 15 preliminary application for any reason other than those described
line 16 in subdivisions (c) and (d) of Section 65941.1.
line 17 (I) (i) Fails to make a determination of whether the project is
line 18 exempt from the California Environmental Quality Act (Division
line 19 13 (commencing with Section 21000) of the Public Resources
line 20 Code), or commits an abuse of discretion, as defined in subdivision
line 21 (b) of Section 65589.5.1 if all of the conditions in Section
line 22 65589.5.1 are satisfied.
line 23 (ii) This subparagraph shall become inoperative on January 1,
line 24 2031.
line 25 (J) (i) Fails to adopt a negative declaration or addendum for
line 26 the project, to certify an environmental impact report for the
line 27 project, or to approve another comparable environmental document,
line 28 such as a sustainable communities environmental assessment
line 29 pursuant to Section 21155.2 of the Public Resources Code, as
line 30 required pursuant to the California Environmental Quality Act
line 31 (Division 13 (commencing with Section 21000) of the Public
line 32 Resources Code), if all of the conditions in Section 65589.5.2 are
line 33 satisfied.
line 34 (ii) This subparagraph shall become inoperative on January 1,
line 35 2031.
line 36 (7) (A) For purposes of this section and Sections 65589.5.1 and
line 37 65589.5.2, “lawful determination” means any final decision about
line 38 whether to approve or disapprove a statutory or categorical
line 39 exemption or a negative declaration, addendum, environmental
line 40 impact report, or comparable environmental review document
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AB 650 — 63 —
line 1 under the California Environmental Quality Act (Division 13
line 2 (commencing with Section 21000) of the Public Resources Code)
line 3 that is not an abuse of discretion, as defined in subdivision (b) of
line 4 Section 65589.5.1 or subdivision (b) of Section 65589.5.2.
line 5 (B) This paragraph shall become inoperative on January 1, 2031.
line 6 (8) “Lower density” includes any conditions that have the same
line 7 effect or impact on the ability of the project to provide housing.
line 8 (9) Until January 1, 2030, “objective” means involving no
line 9 personal or subjective judgment by a public official and being
line 10 uniformly verifiable by reference to an external and uniform
line 11 benchmark or criterion available and knowable by both the
line 12 development applicant or proponent and the public official.
line 13 (10) Notwithstanding any other law, until January 1, 2030,
line 14 “determined to be complete” means that the applicant has submitted
line 15 a complete application pursuant to Section 65943.
line 16 (11) “Builder’s remedy project” means a project that meets all
line 17 of the following criteria:
line 18 (A) The project is a housing development project that provides
line 19 housing for very low, low-, or moderate-income households.
line 20 (B) On or after the date an application for the housing
line 21 development project or emergency shelter was deemed complete,
line 22 the jurisdiction did not have a housing element that was in
line 23 substantial compliance with this article.
line 24 (C) The project has a density such that the number of units, as
line 25 calculated before the application of a density bonus pursuant to
line 26 Section 65915, complies with all of the following conditions:
line 27 (i) The density does not exceed the greatest of the following
line 28 densities:
line 29 (I) Fifty percent greater than the minimum density deemed
line 30 appropriate to accommodate housing for that jurisdiction as
line 31 specified in subparagraph (B) of paragraph (3) of subdivision (c)
line 32 of Section 65583.2.
line 33 (II) Three times the density allowed by the general plan, zoning
line 34 ordinance, or state law, whichever is greater.
line 35 (III) The density that is consistent with the density specified in
line 36 the housing element.
line 37 (ii) Notwithstanding clause (i), the greatest allowable density
line 38 shall be 35 units per acre more than the amount allowable pursuant
line 39 to clause (i), if any portion of the site is located within any of the
line 40 following:
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line 1 (I) One-half mile of a major transit stop, as defined in Section
line 2 21064.3 of the Public Resources Code.
line 3 (II) A very low vehicle travel area, as defined in subdivision
line 4 (h).
line 5 (III) A high or highest resource census tract, as identified by
line 6 the latest edition of the “CTCAC/HCD Opportunity Map”
line 7 published by the California Tax Credit Allocation Committee and
line 8 the Department of Housing and Community Development.
line 9 (D) (i) On sites that have a minimum density requirement and
line 10 are located within one-half mile of a commuter rail station or a
line 11 heavy rail station, the density of the project shall not be less than
line 12 the minimum density required on the site.
line 13 (I) For purposes of this subparagraph, “commuter rail” means
line 14 a railway that is not a light rail, streetcar, trolley, or tramway and
line 15 that is for urban passenger train service consisting of local short
line 16 distance travel operating between a central city and adjacent suburb
line 17 with service operated on a regular basis by or under contract with
line 18 a transit operator for the purpose of transporting passengers within
line 19 urbanized areas, or between urbanized areas and outlying areas,
line 20 using either locomotive-hauled or self-propelled railroad passenger
line 21 cars, with multitrip tickets and specific station-to-station fares.
line 22 (II) For purposes of this subparagraph, “heavy rail” means an
line 23 electric railway with the capacity for a heavy volume of traffic
line 24 using high speed and rapid acceleration passenger rail cars
line 25 operating singly or in multicar trains on fixed rails, separate
line 26 rights-of-way from which all other vehicular and foot traffic are
line 27 excluded, and high platform loading.
line 28 (ii) On all other sites with a minimum density requirement, the
line 29 density of the project shall not be less than the local agency’s
line 30 minimum density or one-half of the minimum density deemed
line 31 appropriate to accommodate housing for that jurisdiction as
line 32 specified in subparagraph (B) of paragraph (3) of subdivision (c)
line 33 of Section 65583.2, whichever is lower.
line 34 (E) The project site does not abut a site where more than
line 35 one-third of the square footage on the site has been used, within
line 36 the past three years, by a heavy industrial use, or a Title V
line 37 industrial use, as those terms are defined in Section 65913.16.
line 38 (12) “Condition approval” includes imposing on the housing
line 39 development project, or attempting to subject it to, development
line 40 standards, conditions, or policies.
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AB 650 — 65 —
line 1 (13) “Unit type” means the form of ownership and the kind of
line 2 residential unit, including, but not limited to, single-family
line 3 detached, single-family attached, for-sale, rental, multifamily,
line 4 townhouse, condominium, apartment, manufactured homes and
line 5 mobilehomes, factory-built housing, and residential hotel.
line 6 (14) “Proposed by the applicant” means the plans and designs
line 7 as submitted by the applicant, including, but not limited to, density,
line 8 unit size, unit type, site plan, building massing, floor area ratio,
line 9 amenity areas, open space, parking, and ancillary commercial uses.
line 10 (i) If any city, county, or city and county denies approval or
line 11 imposes conditions, including design changes, lower density, or
line 12 a reduction of the percentage of a lot that may be occupied by a
line 13 building or structure under the applicable planning and zoning in
line 14 force at the time the housing development project’s application is
line 15 complete, that have a substantial adverse effect on the viability or
line 16 affordability of a housing development for very low, low-, or
line 17 moderate-income households, and the denial of the development
line 18 or the imposition of conditions on the development is the subject
line 19 of a court action which challenges the denial or the imposition of
line 20 conditions, then the burden of proof shall be on the local legislative
line 21 body to show that its decision is consistent with the findings as
line 22 described in subdivision (d), and that the findings are supported
line 23 by a preponderance of the evidence in the record, and with the
line 24 requirements of subdivision (o).
line 25 (j) (1) When a proposed housing development project complies
line 26 with applicable, objective general plan, zoning, and subdivision
line 27 standards and criteria, including design review standards, in effect
line 28 at the time that the application was deemed complete, but the local
line 29 agency proposes to disapprove the project or to impose a condition
line 30 that the project be developed at a lower density, the local agency
line 31 shall base its decision regarding the proposed housing development
line 32 project upon written findings supported by a preponderance of the
line 33 evidence on the record that both of the following conditions exist:
line 34 (A) The housing development project would have a specific,
line 35 adverse impact upon the public health or safety unless the project
line 36 is disapproved or approved upon the condition that the project be
line 37 developed at a lower density. As used in this paragraph, a “specific,
line 38 adverse impact” means a significant, quantifiable, direct, and
line 39 unavoidable impact, based on objective, identified written public
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line 1 health or safety standards, policies, or conditions as they existed
line 2 on the date the application was deemed complete.
line 3 (B) There is no feasible method to satisfactorily mitigate or
line 4 avoid the adverse impact identified pursuant to paragraph (1), other
line 5 than the disapproval of the housing development project or the
line 6 approval of the project upon the condition that it be developed at
line 7 a lower density.
line 8 (2) (A) If the local agency considers a proposed housing
line 9 development project to be inconsistent, not in compliance, or not
line 10 in conformity with an applicable plan, program, policy, ordinance,
line 11 standard, requirement, or other similar provision as specified in
line 12 this subdivision, it shall provide the applicant with written
line 13 documentation identifying the provision or provisions, and an
line 14 explanation of the reason or reasons it considers the housing
line 15 development to be inconsistent, not in compliance, or not in
line 16 conformity as follows:
line 17 (i) Within 30 days of the date that the application for the housing
line 18 development project is determined to be complete, if the housing
line 19 development project contains 150 or fewer housing units.
line 20 (ii) Within 60 days of the date that the application for the
line 21 housing development project is determined to be complete, if the
line 22 housing development project contains more than 150 units.
line 23 (B) If the local agency fails to provide the required
line 24 documentation pursuant to subparagraph (A), the housing
line 25 development project shall be deemed consistent, compliant, and
line 26 in conformity with the applicable plan, program, policy, ordinance,
line 27 standard, requirement, or other similar provision.
line 28 (3) For purposes of this section, the receipt of a density bonus,
line 29 incentive, concession, waiver, or reduction of development
line 30 standards pursuant to Section 65915 shall not constitute a valid
line 31 basis on which to find a proposed housing development project is
line 32 inconsistent, not in compliance, or not in conformity, with an
line 33 applicable plan, program, policy, ordinance, standard, requirement,
line 34 or other similar provision specified in this subdivision.
line 35 (4) For purposes of this section, a proposed housing development
line 36 project is not inconsistent with the applicable zoning standards
line 37 and criteria, and shall not require a rezoning, if the housing
line 38 development project is consistent with the objective general plan
line 39 standards and criteria but the zoning for the project site is
line 40 inconsistent with the general plan. If the local agency has complied
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AB 650 — 67 —
line 1 with paragraph (2), the local agency may require the proposed
line 2 housing development project to comply with the objective
line 3 standards and criteria of the zoning which is consistent with the
line 4 general plan, however, the standards and criteria shall be applied
line 5 to facilitate and accommodate development at the density allowed
line 6 on the site by the general plan and proposed by the proposed
line 7 housing development project.
line 8 (k) (1) (A) (i) The applicant, a person who would be eligible
line 9 to apply for residency in the housing development project or
line 10 emergency shelter, or a housing organization may bring an action
line 11 to enforce this section. If, in any action brought to enforce this
line 12 section, a court finds that any of the following are met, the court
line 13 shall issue an order pursuant to clause (ii):
line 14 (I) The local agency, in violation of subdivision (d), disapproved
line 15 a housing development project or conditioned its approval in a
line 16 manner rendering it infeasible for the development of an emergency
line 17 shelter, or housing for very low, low-, or moderate-income
line 18 households, including farmworker housing, without making the
line 19 findings required by this section.
line 20 (II) The local agency, in violation of subdivision (j), disapproved
line 21 a housing development project complying with applicable,
line 22 objective general plan and zoning standards and criteria, or imposed
line 23 a condition that the project be developed at a lower density, without
line 24 making the findings required by this section.
line 25 (III) (ia) Subject to sub-subclause (ib), the local agency, in
line 26 violation of subdivision (o), required or attempted to require a
line 27 housing development project to comply with an ordinance, policy,
line 28 or standard not adopted and in effect when a preliminary
line 29 application was submitted.
line 30 (ib) This subclause shall become inoperative on January 1, 2030.
line 31 (IV) The local agency violated a provision of this section
line 32 applicable to a builder’s remedy project.
line 33 (ii) If the court finds that one of the conditions in clause (i) is
line 34 met, the court shall issue an order or judgment compelling
line 35 compliance with this section within a time period not to exceed
line 36 60 days, including, but not limited to, an order that the local agency
line 37 take action on the housing development project or emergency
line 38 shelter. The court may issue an order or judgment directing the
line 39 local agency to approve the housing development project or
line 40 emergency shelter if the court finds that the local agency acted in
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line 1 bad faith when it disapproved or conditionally approved the
line 2 housing development or emergency shelter in violation of this
line 3 section. The court shall retain jurisdiction to ensure that its order
line 4 or judgment is carried out and shall award reasonable attorney’s
line 5 fees and costs of suit to the plaintiff or petitioner, provided,
line 6 however, that the court shall not award attorney’s fees in either of
line 7 the following instances:
line 8 (I) The court finds, under extraordinary circumstances, that
line 9 awarding fees would not further the purposes of this section.
line 10 (II) (ia) In a case concerning a disapproval within the meaning
line 11 of subparagraph (I) or (J) of paragraph (6) of subdivision (h), the
line 12 court finds that the local agency acted in good faith and had
line 13 reasonable cause to disapprove the housing development project
line 14 due to the existence of a controlling question of law about the
line 15 application of the California Environmental Quality Act (Division
line 16 13 (commencing with Section 21000) of the Public Resources
line 17 Code) or implementing guidelines as to which there was a
line 18 substantial ground for difference of opinion at the time of the
line 19 disapproval.
line 20 (ib) This subclause shall become inoperative on January 1, 2031.
line 21 (B) Upon a determination that the local agency has failed to
line 22 comply with the order or judgment compelling compliance with
line 23 this section within the time period prescribed by the court, the
line 24 court shall impose fines on a local agency that has violated this
line 25 section and require the local agency to deposit any fine levied
line 26 pursuant to this subdivision into a local housing trust fund. The
line 27 local agency may elect to instead deposit the fine into the Building
line 28 Homes and Jobs Trust Fund. The fine shall be in a minimum
line 29 amount of ten thousand dollars ($10,000) per housing unit in the
line 30 housing development project on the date the application was
line 31 deemed complete pursuant to Section 65943. In determining the
line 32 amount of the fine to impose, the court shall consider the local
line 33 agency’s progress in attaining its target allocation of the regional
line 34 housing need pursuant to Section 65584 and any prior violations
line 35 of this section. Fines shall not be paid out of funds already
line 36 dedicated to affordable housing, including, but not limited to, Low
line 37 and Moderate Income Housing Asset Funds, funds dedicated to
line 38 housing for very low, low-, and moderate-income households, and
line 39 federal HOME Investment Partnerships Program and Community
line 40 Development Block Grant Program funds. The local agency shall
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AB 650 — 69 —
line 1 commit and expend the money in the local housing trust fund
line 2 within five years for the sole purpose of financing newly
line 3 constructed housing units affordable to extremely low, very low,
line 4 or low-income households. After five years, if the funds have not
line 5 been expended, the money shall revert to the state and be deposited
line 6 in the Building Homes and Jobs Trust Fund for the sole purpose
line 7 of financing newly constructed housing units affordable to
line 8 extremely low, very low, or low-income households.
line 9 (C) If the court determines that its order or judgment has not
line 10 been carried out within 60 days, the court may issue further orders
line 11 as provided by law to ensure that the purposes and policies of this
line 12 section are fulfilled, including, but not limited to, an order to vacate
line 13 the decision of the local agency and to approve the housing
line 14 development project, in which case the application for the housing
line 15 development project, as proposed by the applicant at the time the
line 16 local agency took the initial action determined to be in violation
line 17 of this section, along with any standard conditions determined by
line 18 the court to be generally imposed by the local agency on similar
line 19 projects, shall be deemed to be approved unless the applicant
line 20 consents to a different decision or action by the local agency.
line 21 (D) Nothing in this section shall limit the court’s inherent
line 22 authority to make any other orders to compel the immediate
line 23 enforcement of any writ brought under this section, including the
line 24 imposition of fees and other sanctions set forth under Section 1097
line 25 of the Code of Civil Procedure.
line 26 (2) For purposes of this subdivision, “housing organization”
line 27 means a trade or industry group whose local members are primarily
line 28 engaged in the construction or management of housing units or a
line 29 nonprofit organization whose mission includes providing or
line 30 advocating for increased access to housing for low-income
line 31 households and have filed written or oral comments with the local
line 32 agency prior to action on the housing development project. A
line 33 housing organization may only file an action pursuant to this
line 34 section to challenge the disapproval of a housing development by
line 35 a local agency. A housing organization shall be entitled to
line 36 reasonable attorney’s fees and costs if it is the prevailing party in
line 37 an action to enforce this section.
line 38 (l) If the court finds that the local agency (1) acted in bad faith
line 39 when it violated this section and (2) failed to carry out the court’s
line 40 order or judgment within the time period prescribed by the court,
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line 1 the court, in addition to any other remedies provided by this
line 2 section, shall multiply the fine determined pursuant to subparagraph
line 3 (B) of paragraph (1) of subdivision (k) by a factor of five. If a court
line 4 has previously found that the local agency violated this section
line 5 within the same planning period, the court shall multiply the fines
line 6 by an additional factor for each previous violation. For purposes
line 7 of this section, “bad faith” includes, but is not limited to, an action
line 8 or inaction that is frivolous, pretextual, intended to cause
line 9 unnecessary delay, or entirely without merit.
line 10 (m) (1) Any action brought to enforce the provisions of this
line 11 section shall be brought pursuant to Section 1094.5 of the Code
line 12 of Civil Procedure, and the local agency shall prepare and certify
line 13 the record of proceedings in accordance with subdivision (c) of
line 14 Section 1094.6 of the Code of Civil Procedure no later than 30
line 15 days after the petition is served, provided that the cost of
line 16 preparation of the record shall be borne by the local agency, unless
line 17 the petitioner elects to prepare the record as provided in subdivision
line 18 (n) of this section. A petition to enforce the provisions of this
line 19 section shall be filed and served no later than 90 days from the
line 20 later of (1) the effective date of a decision of the local agency
line 21 imposing conditions on, disapproving, or any other final action on
line 22 a housing development project or (2) the expiration of the time
line 23 periods specified in subparagraph (B) of paragraph (5) of
line 24 subdivision (h). Upon entry of the trial court’s order, a party may,
line 25 in order to obtain appellate review of the order, file a petition
line 26 within 20 days after service upon it of a written notice of the entry
line 27 of the order, or within such further time not exceeding an additional
line 28 20 days as the trial court may for good cause allow, or may appeal
line 29 the judgment or order of the trial court under Section 904.1 of the
line 30 Code of Civil Procedure. If the local agency appeals the judgment
line 31 of the trial court, the local agency shall post a bond, in an amount
line 32 to be determined by the court, to the benefit of the plaintiff if the
line 33 plaintiff is the project applicant.
line 34 (2) (A) A disapproval within the meaning of subparagraph (I)
line 35 of paragraph (6) of subdivision (h) shall be final for purposes of
line 36 this subdivision, if the local agency did not make a lawful
line 37 determination within the time period set forth in paragraph (5) of
line 38 subdivision (a) of Section 65589.5.1 after the applicant’s timely
line 39 written notice.
line 40 (B) This paragraph shall become inoperative on January 1, 2031.
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AB 650 — 71 —
line 1 (3) (A) A disapproval within the meaning of subparagraph (J)
line 2 of paragraph (6) of subdivision (h) shall be final for purposes of
line 3 this subdivision, if the local agency did not make a lawful
line 4 determination within 90 days of the applicant’s timely written
line 5 notice.
line 6 (B) This paragraph shall become inoperative on January 1, 2031.
line 7 (n) In any action, the record of the proceedings before the local
line 8 agency shall be filed as expeditiously as possible and,
line 9 notwithstanding Section 1094.6 of the Code of Civil Procedure or
line 10 subdivision (m) of this section, all or part of the record may be
line 11 prepared (1) by the petitioner with the petition or petitioner’s points
line 12 and authorities, (2) by the respondent with respondent’s points and
line 13 authorities, (3) after payment of costs by the petitioner, or (4) as
line 14 otherwise directed by the court. If the expense of preparing the
line 15 record has been borne by the petitioner and the petitioner is the
line 16 prevailing party, the expense shall be taxable as costs.
line 17 (o) (1) Subject to paragraphs (2), (6), and (7), and subdivision
line 18 (d) of Section 65941.1, a housing development project shall be
line 19 subject only to the ordinances, policies, and standards adopted and
line 20 in effect when a preliminary application including all of the
line 21 information required by subdivision (a) of Section 65941.1 was
line 22 submitted.
line 23 (2) Paragraph (1) shall not prohibit a housing development
line 24 project from being subject to ordinances, policies, and standards
line 25 adopted after the preliminary application was submitted pursuant
line 26 to Section 65941.1 in the following circumstances:
line 27 (A) In the case of a fee, charge, or other monetary exaction, to
line 28 an increase resulting from an automatic annual adjustment based
line 29 on an independently published cost index that is referenced in the
line 30 ordinance or resolution establishing the fee or other monetary
line 31 exaction.
line 32 (B) A preponderance of the evidence in the record establishes
line 33 that subjecting the housing development project to an ordinance,
line 34 policy, or standard beyond those in effect when a preliminary
line 35 application was submitted is necessary to mitigate or avoid a
line 36 specific, adverse impact upon the public health or safety, as defined
line 37 in subparagraph (A) of paragraph (1) of subdivision (j), and there
line 38 is no feasible alternative method to satisfactorily mitigate or avoid
line 39 the adverse impact.
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line 1 (C) Subjecting the housing development project to an ordinance,
line 2 policy, standard, or any other measure, beyond those in effect when
line 3 a preliminary application was submitted is necessary to avoid or
line 4 substantially lessen an impact of the project under the California
line 5 Environmental Quality Act (Division 13 (commencing with Section
line 6 21000) of the Public Resources Code).
line 7 (D) The housing development project has not commenced
line 8 construction within two and one-half years, or three and one-half
line 9 years for an affordable housing project, following the date that the
line 10 project received final approval. For purposes of this subparagraph:
line 11 (i) “Affordable housing project” means a housing development
line 12 that satisfies both of the following requirements:
line 13 (I) Units within the development are subject to a recorded
line 14 affordability restriction for at least 55 years for rental housing and
line 15 45 years for owner-occupied housing, or the first purchaser of each
line 16 unit participates in an equity sharing agreement as described in
line 17 subparagraph (C) of paragraph (2) of subdivision (c) of Section
line 18 65915.
line 19 (II) All of the units within the development, excluding managers’
line 20 units, are dedicated to lower income households, as defined by
line 21 Section 50079.5 of the Health and Safety Code.
line 22 (ii) “Final approval” means that the housing development project
line 23 has received all necessary approvals to be eligible to apply for,
line 24 and obtain, a building permit or permits and either of the following
line 25 is met:
line 26 (I) The expiration of all applicable appeal periods, petition
line 27 periods, reconsideration periods, or statute of limitations for
line 28 challenging that final approval without an appeal, petition, request
line 29 for reconsideration, or legal challenge having been filed.
line 30 (II) If a challenge is filed, that challenge is fully resolved or
line 31 settled in favor of the housing development project.
line 32 (E) The housing development project is revised following
line 33 submittal of a preliminary application pursuant to Section 65941.1
line 34 such that the number of residential units or square footage of
line 35 construction changes by 20 percent or more, exclusive of any
line 36 increase resulting from the receipt of a density bonus, incentive,
line 37 concession, waiver, or similar provision, including any other locally
line 38 authorized program that offers additional density or other
line 39 development bonuses when affordable housing is provided. For
line 40 purposes of this subdivision, “square footage of construction”
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AB 650 — 73 —
line 1 means the building area, as defined by the California Building
line 2 Standards Code (Title 24 of the California Code of Regulations).
line 3 (3) This subdivision does not prevent a local agency from
line 4 subjecting the additional units or square footage of construction
line 5 that result from project revisions occurring after a preliminary
line 6 application is submitted pursuant to Section 65941.1 to the
line 7 ordinances, policies, and standards adopted and in effect when the
line 8 preliminary application was submitted.
line 9 (4) For purposes of this subdivision, “ordinances, policies, and
line 10 standards” includes general plan, community plan, specific plan,
line 11 zoning, design review standards and criteria, subdivision standards
line 12 and criteria, and any other rules, regulations, requirements, and
line 13 policies of a local agency, as defined in Section 66000, including
line 14 those relating to development impact fees, capacity or connection
line 15 fees or charges, permit or processing fees, and other exactions.
line 16 (5) This subdivision shall not be construed in a manner that
line 17 would lessen the restrictions imposed on a local agency, or lessen
line 18 the protections afforded to a housing development project, that are
line 19 established by any other law, including any other part of this
line 20 section.
line 21 (6) This subdivision shall not restrict the authority of a public
line 22 agency or local agency to require mitigation measures to lessen
line 23 the impacts of a housing development project under the California
line 24 Environmental Quality Act (Division 13 (commencing with Section
line 25 21000) of the Public Resources Code).
line 26 (7) With respect to completed residential units for which the
line 27 project approval process is complete and a certificate of occupancy
line 28 has been issued, nothing in this subdivision shall limit the
line 29 application of later enacted ordinances, policies, and standards
line 30 that regulate the use and occupancy of those residential units, such
line 31 as ordinances relating to rental housing inspection, rent
line 32 stabilization, restrictions on short-term renting, and business
line 33 licensing requirements for owners of rental housing.
line 34 (8) (A) This subdivision shall apply to a housing development
line 35 project that submits a preliminary application pursuant to Section
line 36 65941.1 before January 1, 2030.
line 37 (B) This subdivision shall become inoperative on January 1,
line 38 2034.
line 39 (p) (1) Upon any motion for an award of attorney’s fees
line 40 pursuant to Section 1021.5 of the Code of Civil Procedure, in a
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line 1 case challenging a local agency’s approval of a housing
line 2 development project, a court, in weighing whether a significant
line 3 benefit has been conferred on the general public or a large class
line 4 of persons and whether the necessity of private enforcement makes
line 5 the award appropriate, shall give due weight to the degree to which
line 6 the local agency’s approval furthers policies of this section,
line 7 including, but not limited to, subdivisions (a), (b), and (c), the
line 8 suitability of the site for a housing development, and the
line 9 reasonableness of the decision of the local agency. It is the intent
line 10 of the Legislature that attorney’s fees and costs shall rarely, if ever,
line 11 be awarded if a local agency, acting in good faith, approved a
line 12 housing development project that satisfies conditions established
line 13 in paragraph (1), (2), or (3) of subdivision (a) of Section 65589.5.1
line 14 or paragraph (1), (2), or (3) of subdivision (a) of Section 65589.5.2.
line 15 (2) This subdivision shall become inoperative on January 1,
line 16 2031.
line 17 (q) This section shall be known, and may be cited, as the
line 18 Housing Accountability Act.
line 19 (r) The provisions of this section are severable. If any provision
line 20 of this section or its application is held invalid, that invalidity shall
line 21 not affect other provisions or applications that can be given effect
line 22 without the invalid provision or application.
line 23 SEC. 8. No reimbursement is required by this act pursuant to
line 24 Section 6 of Article XIIIB of the California Constitution because
line 25 a local agency or school district has the authority to levy service
line 26 charges, fees, or assessments sufficient to pay for the program or
line 27 level of service mandated by this act, within the meaning of Section
line 28 17556 of the Government Code.
line 29
line 30
REVISIONS: line 31
Heading—Line 2. line 32
line 33
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AB 650 — 75 —
AMENDED IN ASSEMBLY MAY 5, 2025
AMENDED IN ASSEMBLY APRIL 10, 2025
AMENDED IN ASSEMBLY MARCH 10, 2025
california legislature—2025–26 regular session
ASSEMBLY BILL No. 712
Introduced by Assembly Member Wicks
February 14, 2025
An act to add Section 65914.2 to the Government Code, relating to
housing.
legislative counsel’s digest
AB 712, as amended, Wicks. Housing reform laws: enforcement
actions: fines and penalties.
Existing law within the Planning and Zoning Law describes various
reforms and incentives enacted by the Legislature to facilitate and
expedite the construction of affordable housing. Existing law within
the Planning and Zoning Law, in certain civil actions or proceedings
against a public entity that has issued specified approvals for a housing
development, authorizes a court to award all reasonably incurred costs
of suit to a prevailing public entity or nonprofit housing corporation
that is a real party in interest and the permit applicant of the low- or
moderate-income housing if the court makes specified findings.
This bill, where the applicant for a housing development is a
prevailing party in an action brought by the applicant to enforce the
public agency’s compliance with a housing reform law against a public
agency, as applied to the applicant’s housing development project,
would entitle an applicant for a housing development project to
reasonable attorney’s fees and costs and would require a court to impose
96
fines on a local agency, as specified. The bill would prohibit a public
agency from requiring the applicant to indemnify, defend, or hold
harmless the public agency in any action alleging the public agency
violated the applicant’s rights or deprived the applicant of the benefits
or protection provide by a housing reform law. The bill would define
housing reform law as a law that establishes or facilitates protections
for the benefit of applicants for housing development projects or imposes
limitations on a public agency for the benefit of housing development
projects.
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 65914.2 is added to the Government
line 2 Code, to read:
line 3 65914.2. (a) It is the intent of the Legislature in enacting this
line 4 section to do both of the following:
line 5 (1) Establish minimum uniform, transparent, fair, and effective
line 6 remedies against public agencies that are found by a court of law
line 7 to have violated the rights established by housing reform laws.
line 8 (2) Prevent public agencies from undermining these minimum
line 9 uniform, transparent, fair, and effective remedies through the
line 10 imposition of reimbursement and indemnification agreements on
line 11 applicants for housing development approvals with respect to legal
line 12 challenges involving the agency’s own alleged violation of the
line 13 applicant’s rights established by housing reform laws.
line 14 (b) Notwithstanding any other law, and in addition to any other
line 15 available remedies, in any action brought by the applicant for a
line 16 housing development project against a public agency to enforce
line 17 the public agency’s compliance with a housing reform law, law
line 18 as applied to the applicant’s housing development project, where
line 19 the applicant is the prevailing party, the following shall apply:
line 20 (1) The applicant shall be entitled to reasonable attorney’s fees
line 21 and costs.
line 22 (2) (A) In the case of an action against a public agency that is
line 23 a local agency:
line 24 (i) If the local agency was advised in writing prior to the
line 25 commencement of the action by either the Attorney General or the
line 26 Department of Housing and Community Development that the
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— 2 — AB 712
line 1 local agency’s decision, action, or inaction would represent a
line 2 violation of law in substantially the same manner as alleged by
line 3 the applicant in its lawsuit, the court shall impose a fine in an
line 4 amount not less than the minimum fines described in subparagraph
line 5 (B) of paragraph (1) of subdivision (k) of Section 65589.5, unless
line 6 the housing development projects consists of four or fewer units,
line 7 in which case, the court shall impose a fine in an amount not less
line 8 than $50,000 fifty thousand dollars ($50,000) per violation.
line 9 (ii) If a court has previously found that the local agency violated
line 10 the same statute on which the applicant prevailed in its lawsuit,
line 11 within the same planning period, the court shall impose a fine in
line 12 an amount not less than the minimum fines described in clause (i)
line 13 multiplied by a factor of five.
line 14 (B) Notwithstanding Chapter 2 (commencing with Section 910)
line 15 of Part 3 of Division 3.6 of Title 1, the applicant shall not be
line 16 required to present a claim to seek the fine described in
line 17 subparagraph (A).
line 18 (C) Nothing in this subdivision limits the application of Section
line 19 1021.5 of the Code of Civil Procedure or limits the availability of
line 20 fees to a successful party under that section.
line 21 (c) (1) A public agency shall not require an applicant for a
line 22 housing development project to indemnify, defend, or hold
line 23 harmless the public agency in any manner with respect to an action
line 24 brought by the applicant, or any other person, alleging that the
line 25 public agency violated the applicant’s rights or deprived the
line 26 applicant of the benefits or protections provided by a housing
line 27 reform law.
line 28 (2) A requirement, condition of approval, or agreement in
line 29 violation of paragraph (1) is against public policy and void and
line 30 unenforceable.
line 31 (3) This subdivision shall not be construed to derogate any claim
line 32 that a requirement as described in paragraph (1) is or was unlawful
line 33 under previously existing law.
line 34 (d) For purposes of this section:
line 35 (1) “Housing development project” has the same meaning as
line 36 provided in paragraph (3) of subdivision (b) of Section 65905.5.
line 37 (2) (A) “Housing reform law” means any law or regulation, or
line 38 provision of any law or regulation, that establishes or facilitates
line 39 rights, safeguards, streamlining benefits, time limitations, or other
line 40 protections for the benefit of applicants for housing development
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AB 712 — 3 —
line 1 projects, or restricts, proscribes, prohibits, or otherwise imposes
line 2 any procedural or substantive limitation on a public agency for the
line 3 benefit of a housing development project.
line 4 (3) “Local agency” has the same meaning as used in Section
line 5 65930.
line 6 (4) “Planning period” has the same meaning as in paragraph (1)
line 7 of subdivision (f) of Section 65588.
line 8 (5) “Public agency” has the same meaning as in Section 65932.
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96
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AMENDED IN ASSEMBLY APRIL 22, 2025
california legislature—2025–26 regular session
ASSEMBLY BILL No. 888
Introduced by Assembly Member Calderon
(Coauthors: Assembly Members Bauer-Kahan, Berman, Gipson,
Hadwick, Haney, Harabedian, and Wallis)
February 19, 2025
An act to add Section 2033 to the Insurance Code, relating to
insurance, and making an appropriation therefor. insurance.
legislative counsel’s digest
AB 888, as amended, Calderon. California Safe Homes grant
program.
Existing law creates the Department of Insurance, headed by the
Insurance Commissioner, and prescribes the department’s powers and
duties. Existing law directs the department and commissioner to
administer various grant programs that, among other things, defray
property retrofitting costs. Existing law requires an insurer doing
business in this state to pay an annual tax based on the amount of gross
premiums the insurer received during that year.
This bill would establish the California Safe Homes grant program
to be developed by the department to reduce local and statewide wildfire
losses, among other things. The bill would require the department to
prioritize specified needs when awarding grant funds, and would require
eligible program applicants, which would include individuals, cities,
counties, and special districts, to meet specified criteria. The bill would
establish the Sustainable Insurance Account within the Insurance Fund,
which would be continuously appropriated to fund the program. The
bill would require 40% of the amount of the gross premiums tax
Revised 4-30-25—See last page.98
collected from property and casualty insurance above the amount
collected from those insurers in 2023 to be deposited into the account.
By depositing general fund moneys into a continuously appropriated
account, the bill would make an appropriation. Fund and would make
the funds available to the department upon appropriation by the
Legislature. The bill would require the department to collect specified
information about the performance of the program and, on or before
January 1, 2027, and every 2 years thereafter, to publish a performance
report that would be posted to its internet website and submitted to the
Legislature.
Vote: 2⁄3 majority. Appropriation: yes no. Fiscal committee:
yes. State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares all of the
line 2 following:
line 3 (a) Since 2006, the state has funded and undertaken four
line 4 comprehensive climate change assessments designed to assess the
line 5 impacts and risks from climate change. In the most recent,
line 6 California’s Fourth Climate Change Assessment identified that if
line 7 greenhouse gas emissions continue to increase, the frequency of
line 8 extreme wildfires will increase.
line 9 (b) Climate change and development into wildland areas has
line 10 increased the frequency and severity of wildfires in California,
line 11 posing increased risks to lives and property.
line 12 (c) The Insurance Commissioner promulgated the first wildfire
line 13 safety regulatory incentives, known as Safer from Wildfires, in
line 14 October 2022.
line 15 (d) Home hardening and community mitigation actions, like
line 16 those in the Safer from Wildfires regulations, are important to
line 17 reduce the risk of loss from wildfires, and, consequently, to
line 18 improve the insurability of communities in areas of the state with
line 19 increased wildfire risk.
line 20 (e) Multiple state governments have successfully used grant
line 21 programs to reduce local risk to structure losses and build a culture
line 22 of resilience among contractors, building codes, and homeowner
line 23 actions.
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— 2 — AB 888
line 1 (f) Home hardening is essential to community risk mitigation
line 2 and future insurability in communities that face the threats of
line 3 wildfires.
line 4 (g) Communitywide implementation of structure hardening and
line 5 forest and watershed management are critical to long-term
line 6 mitigation of insured losses.
line 7 SEC. 2. Section 2033 is added to the Insurance Code,
line 8 immediately following Section 2032, to read:
line 9 2033. (a) The California Safe Homes grant program is hereby
line 10 established to be developed and administered by the department
line 11 for the purpose of achieving the following goals:
line 12 (1) Reducing local and statewide wildfire losses.
line 13 (2) Improving insurability and resilience of vulnerable
line 14 communities.
line 15 (3) Home hardening of insurable properties to mitigate wildfire
line 16 risk and enable consumers to get access to insurance premium
line 17 incentives offered by insurance companies and in alignment with
line 18 the department’s rules.
line 19 (b) The Sustainable Insurance Account is hereby established
line 20 within the Insurance Fund. Funds in the Sustainable Insurance
line 21 Account shall be available to the department upon appropriation
line 22 by the Legislature.
line 23 (1) The Sustainable Insurance Account may receive moneys
line 24 from the insurance premium tax pursuant to paragraph (2) and
line 25 from appropriations established by the federal government.
line 26 (2) If the amount of the annual tax collected in a given year
line 27 from property and casualty insurers pursuant to Section 28 of
line 28 Article XIII of the California Constitution exceeds the amount of
line 29 that tax that was collected from property and casualty insurers in
line 30 2023, 40 percent of the amount of that tax collected above the
line 31 2023 threshold shall be deposited into the Sustainable Insurance
line 32 Account.
line 33 (3) Notwithstanding Section 13340 of the Government Code,
line 34 moneys in the Sustainable Insurance Account shall be continuously
line 35 appropriated to fund the California Safe Homes grant program,
line 36 without regard to fiscal years.
line 37 (c) The department may contract with a third party to assist with
line 38 program administration.
line 39 (d) When awarding grant funds under the program, the
line 40 department shall prioritize the following, in descending order:
98
AB 888 — 3 —
line 1 (1) The replacement of roofs to align with the standards specified
line 2 in the department’s Safer from Wildfires regulations (Section
line 3 2644.9 of Title 10 of California Code of Regulations).
line 4 (2) The creation of a five-foot noncombustible zone around the
line 5 structure, to align with the standards specified in the department’s
line 6 Safer from Wildfires regulations (Section 2644.9 of Title 10 of
line 7 California Code of Regulations).
line 8 (3) Projects that improve communitywide mitigation to reduce
line 9 the risk of losses caused by wildfires, with consideration of all of
line 10 the following priorities:
line 11 (A) Collective actions that mitigate risks before a disaster occurs
line 12 by addressing risk factors on structures and in the surrounding area
line 13 that exacerbate insurable wildfire losses.
line 14 (B) Alignment with existing risk mitigations identified in Section
line 15 2644.4.5 or 2644.9 of Title 10 of California Code of Regulations.
line 16 (C) Anticipated benefit to insurance policyholders.
line 17 (e) Eligible program applicants shall be qualifying individuals
line 18 and qualifying cities, counties, and special districts, as follows:
line 19 (1) For a qualifying individual, grant funds related to incentives
line 20 specified in paragraphs (1) and (2) of subdivision (d) may be
line 21 awarded if the following criteria are met:
line 22 (A) The property of the applicant is covered by an admitted
line 23 insurer or the California FAIR Plan Association.
line 24 (B) The property of the applicant is in a ZIP Code that overlaps
line 25 with a high or very high fire hazard severity zone, as shown on
line 26 current maps published by the Department of Forestry and Fire
line 27 Protection.
line 28 (C) The income of the applicant is no higher than the
line 29 low-income limit for the county in which they reside, as designated
line 30 by the Department of Housing and Community Development.
line 31 (2) For a qualifying city, county, or special district, the applicant
line 32 shall demonstrate the alignment of the use of grant funds to
line 33 enhance and expand the priorities stated in subdivision (d) and the
line 34 criteria for tracking performance.
line 35 (f) The department shall collect information to account for the
line 36 performance of the program over time, including both of the
line 37 following:
line 38 (1) The department shall require that grantees provide
line 39 subsequent information on the use of grant funds, including receipt
line 40 for contractor services, if appropriate, written attestation of work
98
— 4 — AB 888
line 1 done by the recipient, and documentation that demonstrates if the
line 2 grantee qualified for wildfire incentives from their insurance
line 3 company after the grant funds were used to reduce wildfire risk
line 4 of loss to the home.
line 5 (2) Regional information on the geographic distribution of grant
line 6 funding.
line 7 (g) The California FAIR Plan Association shall submit an annual
line 8 report to the department stating the number of policyholders that
line 9 have qualified for each of the wildfire mitigation rating factors
line 10 specified in the department’s Safer from Wildfires regulations
line 11 (Section 2644.9 of Title 10 of California Code of Regulations).
line 12 (h) On or before January 1, 2027, and every two years thereafter,
line 13 the department shall publish a performance report using aggregate
line 14 information collected from grantees and metrics for the beneficial
line 15 impacts of the grants awarded, including an accounting of the
line 16 funding for each of the mitigation actions, geographic distributions,
line 17 and present recommendations on how to improve the
line 18 implementation of the program. The report shall be posted on the
line 19 department’s internet website and submitted to the Legislature
line 20 pursuant to Section 9795 of the Government Code.
line 21
line 22
REVISIONS: line 23
Heading–Line 2. line 24
line 25
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AB 888 — 5 —
AMENDED IN ASSEMBLY APRIL 21, 2025
california legislature—2025–26 regular session
ASSEMBLY BILL No. 1404
Introduced by Assembly Member Ortega
(Principal coauthor: Senator Valladares)
February 21, 2025
An act to add and repeal Section 783.3 to of the Public Utilities Code,
relating to electricity.
legislative counsel’s digest
AB 1404, as amended, Ortega. Electrical corporations: connections:
affordable housing projects.
Existing law vests the Public Utilities Commission with regulatory
authority over public utilities, including electrical corporations. Existing
law requires the commission to enforce the rules governing the extension
of service by a gas or electrical corporation to new residential,
commercial, agricultural, and industrial customers.
This bill would require an electrical corporation to connect an
affordable housing project, as defined, to the electrical distribution grid
within 60 days, except as specified. The bill would require the
commission to streamline any necessary review on an affordable housing
project that is ready to connect but sitting vacant and that has not been
connected by an electrical corporation within the required 60 days. The
bill would delay the effective date of a rate increase approved by the
commission for the greater of either the amount of time the electrical
corporation took, beyond 90 days from receipt of the project building
plans, to provide a final contract, or the amount of time the electrical
corporation took, beyond the 60 days allowed, to connect the most
recently completed affordable housing project within the electrical
98
corporation’s service area. The bill would repeal these provisions on
January 1, 2029.
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 the above requirements would be a part of the act, and a
violation of a commission action implementing the above-described
provisions would be a 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.
The people of the State of California do enact as follows:
line 1 SECTION 1. (a) In 2024, the Public Utilities Commission
line 2 approved six Pacific Gas and Electric Company rate increases, an
line 3 average of one approval every 60 days, while hundreds of newly
line 4 built affordable housing units were ready to connect to the electrical
line 5 distribution grid but sat vacant.
line 6 (b) The Public Utilities Commission and utility companies move
line 7 quickly when it relates to rate increases but find explanations for
line 8 delay when it comes to affordable housing projects that are ready
line 9 to connect to the electrical distribution grid but are sitting vacant.
line 10 (c) Delays are caused by the utility company’s failure to provide
line 11 a final utility installation contract for the affordable housing project,
line 12 and other delays are caused by the utility company’s failure to
line 13 install the work contracted for work for, for many months or even
line 14 years.
line 15 (d) The California Tax Credit Allocation makes preliminary
line 16 awards of tax credits for affordable housing, but the tax credits
line 17 only take effect when the project is occupied. The electrical
line 18 corporations do not prioritize connecting completed affordable
line 19 housing projects so they can be occupied.
line 20 SEC. 2. Section 783.3 is added to the Public Utilities Code, to
line 21 read:
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— 2 — AB 1404
line 1 783.3. (a) For purposes of this section, all of the following
line 2 definitions apply:
line 3 (1) “Affordable housing project” means a project that is
line 4 supported by any form of tax subsidy within the jurisdiction of the
line 5 California Tax Credit Allocation Committee. Committee and the
line 6 electrical corporation has been notified in writing by the affordable
line 7 housing developer that the project has been approved for funding
line 8 by the California Tax Credit Allocation Committee.
line 9 (2) “Connect” means to physically connect an affordable housing
line 10 project to the electrical distribution grid of an electrical corporation,
line 11 including providing all work necessary to make the connection
line 12 effective.
line 13 (3) “Ready” means the phase in an affordable housing project
line 14 in which all necessary inspections, certifications, and permits
line 15 needed to connect have been completed and the affordable housing
line 16 project site is accessible to an electrical corporation to connect to
line 17 the electrical distribution grid. grid and the connection is the next
line 18 step for affordable housing occupancy and is within the full
line 19 discretion of the electrical corporation.
line 20 (b) Except for health and safety reasons, an electrical corporation
line 21 shall have 60 days to connect an affordable housing project that
line 22 is ready to connect to the electrical distribution grid but is sitting
line 23 vacant.
line 24 (c) The commission shall streamline any necessary review of
line 25 an affordable housing project that is ready to connect but sitting
line 26 vacant and that has not been connected by an electrical corporation
line 27 within the required 60 days.
line 28 (d) The effective date of a rate increase approved by the
line 29 commission shall be delayed for the greater of either the amount
line 30 of time the electrical corporation took, beyond 90 days from receipt
line 31 of the project building plans, to provide a final contract, or the
line 32 amount of time the electrical corporation took, beyond the 60 days
line 33 allowed pursuant to subdivision (b), to connect the most recently
line 34 completed affordable housing project within the electrical
line 35 corporation’s service area.
line 36 (e) This section shall remain in effect only until January 1, 2029,
line 37 and as of that date is repealed.
line 38 SEC. 3. No reimbursement is required by this act pursuant to
line 39 Section 6 of Article XIIIB of the California Constitution because
line 40 the only costs that may be incurred by a local agency or school
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AB 1404 — 3 —
line 1 district will be incurred because this act creates a new crime or
line 2 infraction, eliminates a crime or infraction, or changes the penalty
line 3 for a crime or infraction, within the meaning of Section 17556 of
line 4 the Government Code, or changes the definition of a crime within
line 5 the meaning of Section 6 of Article XIII B of the California
line 6 Constitution.
O
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AMENDED IN SENATE MAY 13, 2025
AMENDED IN SENATE APRIL 23, 2025
AMENDED IN SENATE APRIL 9, 2025
AMENDED IN SENATE MARCH 5, 2025
SENATE BILL No. 79
Introduced by Senator Wiener
January 15, 2025
An act to amend Section 54221 of, and to add Chapter 4.1.5
(commencing with Section 65912.155) to Division 1 of Title 7 of, the
Government Code, and to add Section 21080.26.5 to the Public
Resources Code, relating to land use.
legislative counsel’s digest
SB 79, as amended, Wiener. Local government land: public transit
use: housing development: transit-oriented development.
(1) Existing law prescribes requirements for the disposal of surplus
land by a local agency. Existing law defines “surplus land” for these
purposes to mean land owned in fee simple by any local agency for
which the local agency’s governing body takes formal action declaring
that the land is surplus and is not necessary for the agency’s use. Existing
law defines “agency’s use” for these purposes to include land that is
being used for agency work or operations, as provided. Existing law
exempts from this definition of “agency’s use” certain commercial or
industrial uses, except that in the case of a local agency that is a district,
except a local agency whose primary purpose or mission is to supply
the public with a transportation system, “agency’s use” may include
commercial or industrial uses or activities, as specified.
95
This bill would additionally include land leased to support public
transit operations in the definition of “agency’s use,” as described above.
The bill would also revise the definition of “agency’s use” with respect
to commercial or industrial uses to instead provide that a district or a
public transit operator may use land for commercial or industrial uses
or activities, as described above.
(2) Existing law, the Planning and Zoning Law, requires each county
and city to adopt a comprehensive, long-term general plan for the
physical development of the county or city, and specified land outside
its boundaries, that contains certain mandatory elements, including a
land use element and a housing element. Existing law requires that the
land use element designate the proposed general distribution and
general location and extent of the uses of the land, as specified. Existing
law requires that the housing element consist of an identification and
analysis of existing and projected housing needs and a statement of
goals, policies, quantified objectives, financial resources, and scheduled
programs for the preservation, improvement, and development of
housing, as specified. Existing law requires that the housing element
include, among other things, an assessment of housing needs and an
inventory of resources and constraints that are relevant to the meeting
of these needs, including an inventory of land suitable for residential
development, as provided. Existing law, for the 4th and subsequent
revisions of the housing element, requires the Department of Housing
and Community Development to determine the existing and projected
need for housing for each region, as specified, and requires the
appropriate council of local governments, or the department for cities
and counties without a council of governments, to adopt a final regional
housing need plan that allocates a share of the regional housing need
to each locality in the region.
Existing law, the Housing Accountability Act, among other things,
requires a local agency that proposes to disapprove a housing
development project, as defined, or to impose a condition that the project
be developed at a lower density to base its decision on written findings
supported by a preponderance of the evidence that specified conditions
exist if that project complies with applicable, objective general plan,
zoning, and subdivision standards and criteria in effect at the time that
the application was deemed complete. The act authorizes the applicant,
a person who would be eligible to apply for residency in the housing
development project or emergency shelter, or a housing organization
to bring an action to enforce the act’s provisions, as provided, and
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provides for penalties if the court finds that the local agency is in
violation of specified provisions of the act.
This bill would require that a housing development project, as defined,
proposed within a specified distance of a transit-oriented development
(TOD) stop, as defined, be an allowed use on any site zoned for
residential, mixed, commercial, or light industrial or commercial
development, or a qualified light industrial site, as defined, if the
development complies with applicable requirements, as specified. The
bill would establish requirements concerning height limits, density, and
floor area ratio in accordance with a development’s proximity to
specified tiers of TOD stops, as provided. The bill would provide that,
for the purposes of the Housing Accountability Act, a proposed
development consistent with the applicable standards of these provisions
shall be deemed consistent, compliant, and in conformity with prescribed
requirements. requirements, as specified. The bill would provide that
a local government that denies a project meeting the requirements of
these provisions located in a high-resource area, as defined, would be
presumed in violation of the Housing Accountability Act, as specified,
and immediately liable for penalties, as provided. The bill would specify
that a development proposed pursuant to these provisions is eligible for
streamlined, ministerial approval pursuant to specified law, except that
the bill would exempt a project under these provisions from specified
requirements, and would specify that the project is required to comply
with certain affordability requirements, under that law.
This bill would require a proposed development to comply with
specified requirements under existing law relating to the demolition of
existing residential units. units and to include housing for lower income
households, as specified. The bill would also authorize a transit agency
to adopt objective standards for both residential and commercial
development proposed pursuant to these provisions if the development
would be constructed on land owned by the transit agency or on which
the transit agency has a permanent operating easement, provided that
if the land is within 1⁄2 mile of a TOD stop and the objective standards
allow for the same or greater development intensity as allowed by local
standards or applicable state law.
This bill would authorize a local government to enact a local TOD
alternative plan as an amendment to the housing element and land use
element, and would exempt a local government that has enacted a local
TOD alternative plan from the above-specified provisions. The bill
would require the plan to maintain at least the same total increase in
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SB 79 — 3 —
feasible zoned capacity, in terms of both total units and residential floor
area, as provided by these provisions across all TOD zones, as defined.
The bill would require a local government, except as provided, to submit
the draft plan to the department and would require the department to
assess the plan and recommend changes to remove unnecessary
constraints on housing.
This bill would require the Department of Housing and Community
Development to oversee compliance with the bill’s provisions, including,
but not limited to, promulgating specified standards relating to the
inventory of land included within a county’s or city’s housing element.
The bill would authorize the regional council of governments or
metropolitan planning organization to create a map of designated TOD
stops and zones, which would have a rebuttable presumption of validity.
The bill would permit authorize a local government to adopt enact an
ordinance to implement make its zoning code consistent with these
provisions, as provided. The bill would require the local government
to submit a copy of this ordinance to the department within 60 days of
adoption enactment and would require the department to review the
ordinance for compliance, as specified. If the department finds an
ordinance is out of compliance, and the local government does not take
specified steps to address compliance, the bill would require the
department to notify the local government in writing and authorize the
department to notify the Attorney General, as provided.
This bill would define various terms for its purposes and make related
findings and declarations.
This 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.
(3) Existing law, the California Environmental Quality Act (CEQA),
requires a lead agency, as defined, to prepare, or cause to be prepared,
and certify the completion of an environmental impact report on a
project that it proposes to carry out or approve that may have a
significant effect on the environment or to adopt a negative declaration
if it finds that the project will not have that effect. CEQA also requires
a lead agency to prepare a mitigated negative declaration for a project
that may have a significant effect on the environment if revisions in the
project would avoid or mitigate that effect and there is no substantial
evidence that the project, as revised, would have a significant effect on
the environment. CEQA, until January 1, 2030, exempts from its
requirements certain transportation-related projects if specified
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requirements are met, as provided. CEQA includes within these exempt
transportation-related projects a public project for the institution or
increase of bus rapid transit, bus, or light rail service, or other passenger
rail service, that will be exclusively used by low-emission or
zero-emission vehicles, on existing public rights-of-way or existing
highway rights-of-way.
This bill would exempt from CEQA a public or private residential,
commercial, or mixed-used project that, at the time the project
application is filed, is located entirely or principally on land owned by
a public transit agency, or fully or partially encumbered by an existing
operating easement in favor of a public transit agency, and meets
specified requirements. The bill would provide that, for a project that
requires the construction of new passenger rail storage and maintenance
facilities at a publicly or privately owned offsite location distinct from
the principal project site, that project would be considered a wholly
separate project from the project described in these provisions and shall
not be exempt from CEQA.
(4) By increasing the duties of local officials, 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 54221 of the Government Code is
line 2 amended to read:
line 3 54221. As used in this article, the following definitions shall
line 4 apply:
line 5 (a) (1) “Local agency” means every city, whether organized
line 6 under general law or by charter, county, city and county, district,
line 7 including school, sewer, water, utility, and local and regional park
line 8 districts of any kind or class, joint powers authority, successor
line 9 agency to a former redevelopment agency, housing authority, or
line 10 other political subdivision of this state and any instrumentality
line 11 thereof that is empowered to acquire and hold real property.
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SB 79 — 5 —
line 1 (2) The Legislature finds and declares that the term “district”
line 2 as used in this article includes all districts within the state,
line 3 including, but not limited to, all special districts, sewer, water,
line 4 utility, and local and regional park districts, and any other political
line 5 subdivision of this state that is a district, and therefore the changes
line 6 in paragraph (1) made by the act adding this paragraph that specify
line 7 that the provisions of this article apply to all districts, including
line 8 school, sewer, water, utility, and local and regional park districts
line 9 of any kind or class, are declaratory of, and not a change in,
line 10 existing law.
line 11 (b) (1) “Surplus land” means land owned in fee simple by any
line 12 local agency for which the local agency’s governing body takes
line 13 formal action in a regular public meeting declaring that the land
line 14 is surplus and is not necessary for the agency’s use. Land shall be
line 15 declared either “surplus land” or “exempt surplus land,” as
line 16 supported by written findings, before a local agency may take any
line 17 action to dispose of it consistent with an agency’s policies or
line 18 procedures. A local agency, on an annual basis, may declare
line 19 multiple parcels as “surplus land” or “exempt surplus land.”
line 20 (2) “Surplus land” includes land held in the Community
line 21 Redevelopment Property Trust Fund pursuant to Section 34191.4
line 22 of the Health and Safety Code and land that has been designated
line 23 in the long-range property management plan approved by the
line 24 Department of Finance pursuant to Section 34191.5 of the Health
line 25 and Safety Code, either for sale or for future development, but
line 26 does not include any specific disposal of land to an identified entity
line 27 described in the plan.
line 28 (3) Nothing in this article prevents a local agency from obtaining
line 29 fair market value for the disposition of surplus land consistent with
line 30 Section 54226.
line 31 (4) Notwithstanding paragraph (1), a local agency is not required
line 32 to make a declaration at a public meeting for land that is “exempt
line 33 surplus land” pursuant to subparagraph (A), (B), (E), (K), (L), or
line 34 (Q) of paragraph (1) of subdivision (f) if the local agency identifies
line 35 the land in a notice that is published and available for public
line 36 comment, including notice to the entities identified in subdivision
line 37 (a) of Section 54222, at least 30 days before the exemption takes
line 38 effect.
line 39 (c) (1) Except as provided in paragraph (2), “agency’s use”
line 40 shall include, but not be limited to, land that is being used, or is
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line 1 planned to be used pursuant to a written plan adopted by the local
line 2 agency’s governing board, for agency work or operations,
line 3 including, but not limited to, utility sites, property owned by a port
line 4 that is used to support logistics uses, watershed property, land
line 5 being used for conservation purposes, land for demonstration,
line 6 exhibition, or educational purposes related to greenhouse gas
line 7 emissions, sites for broadband equipment or wireless facilities,
line 8 land leased to support public transit operations, and buffer sites
line 9 near sensitive governmental uses, including, but not limited to,
line 10 waste disposal sites, and wastewater treatment plants. “Agency’s
line 11 use” by a local agency that is a district shall also include land
line 12 disposed for uses described in subparagraph (B) of paragraph (2).
line 13 (2) (A) “Agency’s use” shall not include commercial or
line 14 industrial uses or activities, including nongovernmental retail,
line 15 entertainment, or office development. Property disposed of for the
line 16 sole purpose of investment or generation of revenue shall not be
line 17 considered necessary for the agency’s use.
line 18 (B) In the case of a local agency that is a district or a public
line 19 transit operator, “agency’s use” may include commercial or
line 20 industrial uses or activities, including nongovernmental retail,
line 21 entertainment, or office development or be for the sole purpose of
line 22 investment or generation of revenue if the agency’s governing
line 23 body takes action in a public meeting declaring that the use of the
line 24 site will do one of the following:
line 25 (i) Directly further the express purpose of agency work or
line 26 operations.
line 27 (ii) Be expressly authorized by a statute governing the local
line 28 agency, provided the district complies with Section 54233.5 if
line 29 applicable.
line 30 (d) (1) “Dispose” means either of the following:
line 31 (A) The sale of the surplus land.
line 32 (B) The entering of a lease for surplus land, which is for a term
line 33 longer than 15 years, inclusive of any extension or renewal options
line 34 included in the terms of the initial lease, entered into on or after
line 35 January 1, 2024.
line 36 (2) “Dispose” shall not mean either of the following:
line 37 (A) The entering of a lease for surplus land, which is for a term
line 38 of 15 years or less, inclusive of any extension or renewal options
line 39 included in the terms of the initial lease.
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line 1 (B) The entering of a lease for surplus land on which no
line 2 development or demolition will occur, regardless of the term of
line 3 the lease.
line 4 (e) “Open-space purposes” means the use of land for public
line 5 recreation, enjoyment of scenic beauty, or conservation or use of
line 6 natural resources.
line 7 (f) (1) Except as provided in paragraph (2), “exempt surplus
line 8 land” means any of the following:
line 9 (A) Surplus land that is transferred pursuant to Section 25539.4
line 10 or 37364.
line 11 (B) Surplus land that is less than one-half acre in area and is
line 12 not contiguous to land owned by a state or local agency that is
line 13 used for open-space or low- and moderate-income housing
line 14 purposes.
line 15 (C) Surplus land that a local agency is exchanging for another
line 16 property necessary for the agency’s use. “Property” may include
line 17 easements necessary for the agency’s use.
line 18 (D) Surplus land that a local agency is transferring to another
line 19 local, state, or federal agency, or to a third-party intermediary for
line 20 future dedication for the receiving agency’s use, or to a federally
line 21 recognized California Indian tribe. If the surplus land is transferred
line 22 to a third-party intermediary, the receiving agency’s use must be
line 23 contained in a legally binding agreement at the time of transfer to
line 24 the third-party intermediary.
line 25 (E) Surplus land that is a former street, right-of-way, or
line 26 easement, and is conveyed to an owner of an adjacent property.
line 27 (F) (i) Surplus land that is to be developed for a housing
line 28 development, which may have ancillary commercial ground floor
line 29 uses, that restricts 100 percent of the residential units to persons
line 30 and families of low or moderate income, with at least 75 percent
line 31 of the residential units restricted to lower income households, as
line 32 defined in Section 50079.5 of the Health and Safety Code, with
line 33 an affordable sales price or an affordable rent, as defined in Section
line 34 50052.5 or 50053 of the Health and Safety Code, for 55 years for
line 35 rental housing, 45 years for ownership housing, and 50 years for
line 36 rental or ownership housing located on tribal trust lands, unless a
line 37 local ordinance or a federal, state, or local grant, tax credit, or other
line 38 project financing requires a longer period of affordability, and in
line 39 no event shall the maximum affordable sales price or rent level be
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line 1 higher than 20 percent below the median market rents or sales
line 2 prices for the neighborhood in which the site is located.
line 3 (ii) The requirements of clause (i) shall be contained in a
line 4 covenant or restriction recorded against the surplus land at the time
line 5 of sale that shall run with the land and be enforceable against any
line 6 owner who violates the covenant or restriction and each successor
line 7 in interest who continues the violation.
line 8 (G) (i) Surplus land that is subject to a local agency’s open,
line 9 competitive solicitation or that is put to open, competitive bid by
line 10 a local agency, provided that all entities identified in subdivision
line 11 (a) of Section 54222 will be invited to participate in the process,
line 12 for a housing or a mixed-use development that is more than one
line 13 acre and less than 10 acres in area, consisting of either a single
line 14 parcel, or two or more adjacent or non-adjacent parcels combined,
line 15 that includes not less than 300 residential units, and that restricts
line 16 at least 25 percent of the residential units to lower income
line 17 households, as defined in Section 50079.5 of the Health and Safety
line 18 Code, with an affordable sales price or an affordable rent, as
line 19 defined in Sections 50052.5 and 50053 of the Health and Safety
line 20 Code, for 55 years for rental housing, 45 years for ownership
line 21 housing, and 50 years for rental or ownership housing located on
line 22 tribal trust lands, unless a local ordinance or a federal, state, or
line 23 local grant, tax credit, or other project financing requires a longer
line 24 period of affordability.
line 25 (ii) The requirements of clause (i) shall be contained in a
line 26 covenant or restriction recorded against the surplus land at the time
line 27 of sale that shall run with the land and be enforceable against any
line 28 owner who violates the covenant or restriction and each successor
line 29 in interest who continues the violation.
line 30 (H) (i) Surplus land totaling 10 or more acres, consisting of
line 31 either a single parcel, or two or more adjacent or non-adjacent
line 32 parcels combined for disposition to one or more buyers pursuant
line 33 to a plan or ordinance adopted by the legislative body of the local
line 34 agency, or a state statute. That surplus land shall be subject to a
line 35 local agency’s open, competitive solicitation process or put out to
line 36 open, competitive bid by a local agency, provided that all entities
line 37 identified in subdivision (a) of Section 54222 will be invited to
line 38 participate in the process for a housing or mixed-use development.
line 39 (ii) The aggregate development shall include the greater of the
line 40 following:
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SB 79 — 9 —
line 1 (I) Not less than 300 residential units.
line 2 (II) A number of residential units equal to 10 times the number
line 3 of acres of the surplus land or 10,000 residential units, whichever
line 4 is less.
line 5 (iii) At least 25 percent of the residential units shall be restricted
line 6 to lower income households, as defined in Section 50079.5 of the
line 7 Health and Safety Code, with an affordable sales price or an
line 8 affordable rent pursuant to Sections 50052.5 and 50053 of the
line 9 Health and Safety Code, for a minimum of 55 years for rental
line 10 housing, 45 years for ownership housing, and 50 years for rental
line 11 or ownership housing located on tribal trust lands, unless a local
line 12 ordinance or a federal, state, or local grant, tax credit, or other
line 13 project financing requires a longer period of affordability.
line 14 (iv) If nonresidential development is included in the
line 15 development pursuant to this subparagraph, at least 25 percent of
line 16 the total planned units affordable to lower income households shall
line 17 be made available for lease or sale and permitted for use and
line 18 occupancy before or at the same time with every 25 percent of
line 19 nonresidential development made available for lease or sale and
line 20 permitted for use and occupancy.
line 21 (v) A violation of this subparagraph is subject to the penalties
line 22 described in Section 54230.5. Those penalties are in addition to
line 23 any remedy a court may order for violation of this subparagraph.
line 24 A local agency shall only dispose of land pursuant to this
line 25 subparagraph through a disposition and development agreement
line 26 that includes an indemnification clause that provides that if an
line 27 action occurs after disposition violates this subparagraph, the
line 28 person or entity that acquired the property shall be liable for the
line 29 penalties.
line 30 (vi) The requirements of clauses (i) to (v), inclusive, shall be
line 31 contained in a covenant or restriction recorded against the surplus
line 32 land at the time of sale that shall run with the land and be
line 33 enforceable against any owner who violates the covenant or
line 34 restriction and each successor in interest who continues the
line 35 violation.
line 36 (I) A mixed-use development, which may include more than
line 37 one publicly owned parcel, that meets all of the following
line 38 conditions:
line 39 (i) The development restricts at least 25 percent of the residential
line 40 units to lower income households, as defined in Section 50079.5
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line 1 of the Health and Safety Code, with an affordable sales price or
line 2 an affordable rent, as defined in Sections 50052.5 and 50053 of
line 3 the Health and Safety Code, for 55 years for rental housing, 45
line 4 years for ownership housing, and 50 years for rental or ownership
line 5 housing located on tribal trust lands, unless a local ordinance or a
line 6 federal, state, or local grant, tax credit, or other project financing
line 7 requires a longer period of affordability.
line 8 (ii) At least 50 percent of the square footage of the new
line 9 construction associated with the development is designated for
line 10 residential use.
line 11 (iii) The development is not located in an urbanized area, as
line 12 defined in Section 21094.5 of the Public Resources Code.
line 13 (J) (i) Surplus land that is subject to a valid legal restriction
line 14 that is not imposed by the local agency and that makes housing
line 15 prohibited, unless there is a feasible method to satisfactorily
line 16 mitigate or avoid the prohibition on the site. A declaration of
line 17 exemption pursuant to this subparagraph shall be supported by
line 18 documentary evidence establishing the valid legal restriction. For
line 19 the purposes of this section, “documentary evidence” includes,
line 20 but is not limited to, a contract, agreement, deed restriction, statute,
line 21 regulation, or other writing that documents the valid legal
line 22 restriction.
line 23 (ii) Valid legal restrictions include, but are not limited to, all of
line 24 the following:
line 25 (I) Existing constraints under ownership rights or contractual
line 26 rights or obligations that prevent the use of the property for
line 27 housing, if the rights or obligations were agreed to prior to
line 28 September 30, 2019.
line 29 (II) Conservation or other easements or encumbrances that
line 30 prevent housing development.
line 31 (III) Existing leases, or other contractual obligations or
line 32 restrictions, if the terms were agreed to prior to September 30,
line 33 2019.
line 34 (IV) Restrictions imposed by the source of funding that a local
line 35 agency used to purchase a property, provided that both of the
line 36 following requirements are met:
line 37 (ia) The restrictions limit the use of those funds to purposes
line 38 other than housing.
line 39 (ib) The proposed disposal of surplus land meets a use consistent
line 40 with that purpose.
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SB 79 — 11 —
line 1 (iii) Valid legal restrictions that would make housing prohibited
line 2 do not include either of the following:
line 3 (I) An existing nonresidential land use designation on the surplus
line 4 land.
line 5 (II) Covenants, restrictions, or other conditions on the property
line 6 rendered void and unenforceable by any other law, including, but
line 7 not limited to, Section 714.6 of the Civil Code.
line 8 (iv) Feasible methods to mitigate or avoid a valid legal
line 9 restriction on the site do not include a requirement that the local
line 10 agency acquire additional property rights or property interests
line 11 belonging to third parties.
line 12 (K) Surplus land that was granted by the state in trust to a local
line 13 agency or that was acquired by the local agency for trust purposes
line 14 by purchase or exchange, and for which disposal of the land is
line 15 authorized or required subject to conditions established by statute.
line 16 (L) Land that is subject to either of the following, unless
line 17 compliance with this article is expressly required:
line 18 (i) Section 17388, 17515, 17536, 81192, 81397, 81399, 81420,
line 19 or 81422 of the Education Code.
line 20 (ii) Part 14 (commencing with Section 53570) of Division 31
line 21 of the Health and Safety Code.
line 22 (M) Surplus land that is a former military base that was
line 23 conveyed by the federal government to a local agency, and is
line 24 subject to Article 8 (commencing with Section 33492.125) of
line 25 Chapter 4.5 of Part 1 of Division 24 of the Health and Safety Code,
line 26 provided that all of the following conditions are met:
line 27 (i) The former military base has an aggregate area greater than
line 28 five acres, is expected to include a mix of residential and
line 29 nonresidential uses, and is expected to include no fewer than 1,400
line 30 residential units upon completion of development or redevelopment
line 31 of the former military base.
line 32 (ii) The affordability requirements for residential units shall be
line 33 governed by a settlement agreement entered into prior to September
line 34 1, 2020. Furthermore, at least 25 percent of the initial 1,400
line 35 residential units developed shall be restricted to lower income
line 36 households, as defined in Section 50079.5 of the Health and Safety
line 37 Code, with an affordable sales price or an affordable rent, as
line 38 defined in Sections 50052.5 and 50053 of the Health and Safety
line 39 Code, for 55 years for rental housing, 45 years for ownership
line 40 housing, and 50 years for rental or ownership housing located on
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line 1 tribal trust lands, unless a local ordinance or a federal, state, or
line 2 local grant, tax credit, or other project financing requires a longer
line 3 period of affordability.
line 4 (iii) Before disposition of the surplus land, the agency adopts
line 5 written findings that the land is exempt surplus land pursuant to
line 6 this subparagraph.
line 7 (iv) Before disposition of the surplus land, the recipient has
line 8 negotiated a project labor agreement consistent with the local
line 9 agency’s project stabilization agreement resolution, as adopted on
line 10 February 2, 2021, and any succeeding ordinance, resolution, or
line 11 policy, regardless of the length of the agreement between the local
line 12 agency and the recipient.
line 13 (v) The agency includes in the annual report required by
line 14 paragraph (2) of subdivision (a) of Section 65400 the status of
line 15 development of residential units on the former military base,
line 16 including the total number of residential units that have been
line 17 permitted and what percentage of those residential units are
line 18 restricted for persons and families of low or moderate income, or
line 19 lower income households, as defined in Section 50079.5 of the
line 20 Health and Safety Code.
line 21 A violation of this subparagraph is subject to the penalties
line 22 described in Section 54230.5. Those penalties are in addition to
line 23 any remedy a court may order for violation of this subparagraph
line 24 or the settlement agreement.
line 25 (N) Real property that is used by a district for an agency’s use
line 26 expressly authorized in subdivision (c).
line 27 (O) Land that has been transferred before June 30, 2019, by the
line 28 state to a local agency pursuant to Section 32667 of the Streets
line 29 and Highways Code and has a minimum planned residential density
line 30 of at least 100 dwelling units per acre, and includes 100 or more
line 31 residential units that are restricted to persons and families of low
line 32 or moderate income, with an affordable sales price or an affordable
line 33 rent, as defined in Sections 50052.5 and 50053 of the Health and
line 34 Safety Code, for 55 years for rental housing, 45 years for ownership
line 35 housing, and 50 years for rental or ownership housing located on
line 36 tribal trust lands, unless a local ordinance or a federal, state, or
line 37 local grant, tax credit, or other project financing requires a longer
line 38 period of affordability. For purposes of this subparagraph, not
line 39 more than 20 percent of the affordable units may be restricted to
line 40 persons and families of moderate income and at least 80 percent
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line 1 of the affordable units must be restricted to lower income
line 2 households as defined in Section 50079.5 of the Health and Safety
line 3 Code.
line 4 (P) (i) Land that meets the following conditions:
line 5 (I) Land that is subject to a sectional planning area document
line 6 that meets both of the following:
line 7 (ia) The sectional planning area was adopted prior to January
line 8 1, 2019.
line 9 (ib) The sectional planning area document is consistent with
line 10 county and city general plans applicable to the land.
line 11 (II) The land identified in the adopted sectional planning area
line 12 document was dedicated prior to January 1, 2019.
line 13 (III) On January 1, 2019, the parcels on the land met at least
line 14 one of the following conditions:
line 15 (ia) The land was subject to an irrevocable offer of dedication
line 16 of fee interest requiring the land to be used for a specified purpose.
line 17 (ib) The land was acquired through a land exchange subject to
line 18 a land offer agreement that grants the land’s original owner the
line 19 right to repurchase the land acquired by the local agency pursuant
line 20 to the agreement if the land will not be developed in a manner
line 21 consistent with the agreement.
line 22 (ic) The land was subject to a grant deed specifying that the
line 23 property shall be used for educational uses and limiting other types
line 24 of uses allowed on the property.
line 25 (IV) At least 25 percent of the units are dedicated to lower
line 26 income households, as defined in Section 50079.5 of the Health
line 27 and Safety Code, at an affordable rent, as defined by Section 50053
line 28 of the Health and Safety Code, or an affordable housing cost, as
line 29 defined by Section 50052.5 of the Health and Safety Code, and
line 30 subject to a recorded deed restriction for a period of 55 years for
line 31 rental units and 45 years for owner-occupied units, unless a local
line 32 ordinance or a federal, state, or local grant, tax credit, or other
line 33 project financing requires a longer period of affordability.
line 34 (V) The land is developed at an average density of at least 10
line 35 units per acre, calculated with respect to the entire sectional
line 36 planning area.
line 37 (VI) No more than 25 percent of the nonresidential square
line 38 footage identified in the sectional planning area document receives
line 39 its first certificate of occupancy before at least 25 percent of the
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line 1 residential square footage identified in the sectional planning area
line 2 document has received its first certificate of occupancy.
line 3 (VII) No more than 50 percent of the nonresidential square
line 4 footage identified in the sectional planning area document receives
line 5 its first certificate of occupancy before at least 50 percent of the
line 6 residential square footage identified in the sectional planning area
line 7 document has received its first certificate of occupancy.
line 8 (VIII) No more than 75 percent of the nonresidential square
line 9 footage identified in the sectional planning area document shall
line 10 receive its first certificate of occupancy before at least 75 percent
line 11 of the residential square footage identified in the sectional planning
line 12 area document has received its first certificate of occupancy.
line 13 (ii) The local agency includes in the annual report required by
line 14 paragraph (2) of subdivision (a) of Section 65400 the status of
line 15 development, including the total square footage of the residential
line 16 and nonresidential development, the number of residential units
line 17 that have been permitted, and what percentage of those residential
line 18 units are restricted for persons and families of low or moderate
line 19 income, or lower income households, as defined in Section 50079.5
line 20 of the Health and Safety Code.
line 21 (iii) The Department of Housing and Community Development
line 22 may request additional information from the agency regarding
line 23 land disposed of pursuant to this subparagraph.
line 24 (iv) At least 30 days prior to disposing of land declared “exempt
line 25 surplus land,” a local agency shall provide the Department of
line 26 Housing and Community Development a written notification of
line 27 its declaration and findings in a form prescribed by the Department
line 28 of Housing and Community Development. Within 30 days of
line 29 receipt of the written notification and findings, the department
line 30 shall notify the local agency if the department has determined that
line 31 the local agency is in violation of this article. A local agency that
line 32 fails to submit the written notification and findings shall be liable
line 33 for a civil penalty pursuant to this subparagraph. A local agency
line 34 shall not be liable for the civil penalty if the Department of Housing
line 35 and Community Development does not notify the agency that the
line 36 agency is in violation of this article within 30 days of receiving
line 37 the written notification and findings. Once the department
line 38 determines that the declarations and findings comply with
line 39 subclauses (I) to (IV), inclusive, of clause (i), the local agency
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SB 79 — 15 —
line 1 may proceed with disposal of land pursuant to this subparagraph.
line 2 This clause is declaratory of, and not a change in, existing law.
line 3 (v) If the local agency disposes of land in violation of this
line 4 subparagraph, the local agency shall be liable for a civil penalty
line 5 calculated as follows:
line 6 (I) For a first violation, 30 percent of the greater of the final
line 7 sale price or the fair market value of the land at the time of
line 8 disposition.
line 9 (II) For a second or subsequent violation, 50 percent of the
line 10 greater of the final sale price or the fair market value of the land
line 11 at the time of disposition.
line 12 (III) For purposes of this subparagraph, fair market value shall
line 13 be determined by an independent appraisal of the land.
line 14 (IV) An action to enforce this subparagraph may be brought by
line 15 any of the following:
line 16 (ia) An entity identified in subdivisions (a) to (e), inclusive, of
line 17 Section 54222.
line 18 (ib) A person who would have been eligible to apply for
line 19 residency in affordable housing had the agency not violated this
line 20 section.
line 21 (ic) A housing organization, as that term is defined in Section
line 22 65589.5.
line 23 (id) A beneficially interested person or entity.
line 24 (ie) The Department of Housing and Community Development.
line 25 (V) A penalty assessed pursuant to this subparagraph shall,
line 26 except as otherwise provided, be deposited into a local housing
line 27 trust fund. The local agency may elect to instead deposit the penalty
line 28 moneys into the Building Homes and Jobs Trust Fund or the
line 29 Housing Rehabilitation Loan Fund. Penalties shall not be paid out
line 30 of funds already dedicated to affordable housing, including, but
line 31 not limited to, Low and Moderate Income Housing Asset Funds,
line 32 funds dedicated to housing for very low, low-, and
line 33 moderate-income households, and federal HOME Investment
line 34 Partnerships Program and Community Development Block Grant
line 35 Program funds. The local agency shall commit and expend the
line 36 penalty moneys deposited into the local housing trust fund within
line 37 five years of deposit for the sole purpose of financing newly
line 38 constructed housing units that are affordable to extremely low,
line 39 very low, or low-income households.
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line 1 (VI) Five years after deposit of the penalty moneys into the
line 2 local housing trust fund, if the funds have not been expended, the
line 3 funds shall revert to the state and be deposited in the Building
line 4 Homes and Jobs Trust Fund or the Housing Rehabilitation Loan
line 5 Fund for the sole purpose of financing newly constructed housing
line 6 units located in the same jurisdiction as the surplus land and that
line 7 are affordable to extremely low, very low, or low-income
line 8 households. Expenditure of any penalty moneys deposited into the
line 9 Building Homes and Jobs Trust Fund or the Housing Rehabilitation
line 10 Loan Fund pursuant to this subdivision shall be subject to
line 11 appropriation by the Legislature.
line 12 (vi) For purposes of this subparagraph, the following definitions
line 13 apply:
line 14 (I) “Sectional planning area” means an area composed of
line 15 identifiable planning units, within which common services and
line 16 facilities, a strong internal unity, and an integrated pattern of land
line 17 use, circulation, and townscape planning are readily achievable.
line 18 (II) “Sectional planning area document” means a document or
line 19 plan that sets forth, at minimum, a site utilization plan of the
line 20 sectional planning area and development standards for each land
line 21 use area and designation.
line 22 (vii) This subparagraph shall become inoperative on January 1,
line 23 2034.
line 24 (Q) Land that is owned by a California public-use airport on
line 25 which residential uses are prohibited pursuant to Federal Aviation
line 26 Administration Order 5190.6B, Airport Compliance Program,
line 27 Chapter 20 – Compatible Land Use and Airspace Protection.
line 28 (R) Land that is transferred to a community land trust, and all
line 29 of the following conditions are met:
line 30 (i) The property is being or will be developed or rehabilitated
line 31 as any of the following:
line 32 (I) An owner-occupied single-family dwelling.
line 33 (II) An owner-occupied unit in a multifamily dwelling.
line 34 (III) A member-occupied unit in a limited equity housing
line 35 cooperative.
line 36 (IV) A rental housing development.
line 37 (ii) Improvements on the property are or will be available for
line 38 use and ownership or for rent by qualified persons, as defined in
line 39 paragraph (6) of subdivision (c) of Section 214.18 of the Revenue
line 40 and Taxation Code.
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line 1 (iii) (I) A deed restriction or other instrument, requiring a
line 2 contract or contracts serving as an enforceable restriction on the
line 3 sale or resale value of owner-occupied units or on the affordability
line 4 of rental units is recorded on or before the lien date following the
line 5 acquisition of the property by the community land trust.
line 6 (II) For the purpose of this clause, the following definitions
line 7 apply:
line 8 (ia) “A contract or contracts serving as an enforceable restriction
line 9 on the sale or resale value of owner-occupied units” means a
line 10 contract described in paragraph (11) of subdivision (a) of Section
line 11 402.1 of the Revenue and Taxation Code.
line 12 (ib) “A contract or contracts serving as an enforceable restriction
line 13 on the affordability of rental units” means an enforceable and
line 14 verifiable agreement with a public agency, a recorded deed
line 15 restriction, or other legal document described in subparagraph (A)
line 16 of paragraph (2) of subdivision (g) of Section 214 of the Revenue
line 17 and Taxation Code.
line 18 (iv) A copy of the deed restriction or other instrument shall be
line 19 provided to the assessor.
line 20 (S) (i) For local agencies whose primary mission or purpose is
line 21 to supply the public with a transportation system, surplus land that
line 22 is developed for commercial or industrial uses or activities,
line 23 including nongovernmental retail, entertainment, or office
line 24 development or for the sole purpose of investment or generation
line 25 of revenue, if the agency meets all of the following conditions:
line 26 (I) The agency has an adopted land use plan or policy that
line 27 designates at least 50 percent of the gross acreage covered by the
line 28 adopted land use plan or policy for residential purposes. The
line 29 adopted land use plan or policy shall also require the development
line 30 of at least 300 residential units, or at least 10 residential units per
line 31 gross acre, averaged across all land covered by the land use plan
line 32 or policy, whichever is greater.
line 33 (II) The agency has an adopted land use plan or policy that
line 34 requires at least 25 percent of all residential units to be developed
line 35 on the parcels covered by the adopted land use plan or policy made
line 36 available to lower income households, as defined in Section 50079
line 37 of the Health and Safety Code, at an affordable sales price or rented
line 38 at an affordable rent, as defined in Sections 50052.5 and 50053 of
line 39 the Health and Safety Code, for 55 years for rental housing and
line 40 45 years for ownership housing, unless a local ordinance or the
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line 1 terms of a federal, state, or local grant, tax credit, or other project
line 2 financing requires a longer period of affordability. These terms
line 3 shall be included in the land use plan or policy and dictate that
line 4 they will be contained in a covenant or restriction recorded against
line 5 the surplus land at the time of disposition that shall run with the
line 6 land and be enforceable against any owner or lessee who violates
line 7 the covenant or restriction and each successor in interest who
line 8 continues the violation.
line 9 (III) Land disposed of for residential purposes shall issue a
line 10 competitive request for proposals subject to the local agency’s
line 11 open, competitive solicitation process or put out to open,
line 12 competitive bid by the local agency, provided that all entities
line 13 identified in subdivision (a) of Section 54222 are invited to
line 14 participate.
line 15 (IV) Prior to entering into an agreement to dispose of a parcel
line 16 for nonresidential development on land designated for the purposes
line 17 authorized pursuant to this subparagraph in an agency’s adopted
line 18 land use plan or policy, the agency, since January 1, 2020, must
line 19 have entered into an agreement to dispose of a minimum of 25
line 20 percent of the land designated for affordable housing pursuant to
line 21 subclause (II).
line 22 (ii) The agency may exempt at one time all parcels covered by
line 23 the adopted land use plan or policy pursuant to this subparagraph.
line 24 (2) Notwithstanding paragraph (1), a written notice of the
line 25 availability of surplus land for open-space purposes shall be sent
line 26 to the entities described in subdivision (b) of Section 54222 before
line 27 disposing of the surplus land, provided the land does not meet the
line 28 criteria in subparagraph (H) of paragraph (1), if the land is any of
line 29 the following:
line 30 (A) Within a coastal zone.
line 31 (B) Adjacent to a historical unit of the State Parks System.
line 32 (C) Listed on, or determined by the State Office of Historic
line 33 Preservation to be eligible for, the National Register of Historic
line 34 Places.
line 35 (D) Within the Lake Tahoe region as defined in Section 66905.5.
line 36 (g) “Persons and families of low or moderate income” has the
line 37 same meaning as provided in Section 50093 of the Health and
line 38 Safety Code.
line 39 SEC. 2. Chapter 4.1.5 (commencing with Section 65912.155)
line 40 is added to Division 1 of Title 7 of the Government Code, to read:
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SB 79 — 19 —
line 1 Chapter 4.1.5. Transit-Oriented Development
line 2
line 3 65912.155. The Legislature finds and declares all of the
line 4 following:
line 5 (a) California faces a housing shortage both acute and chronic,
line 6 particularly in areas with access to robust public transit
line 7 infrastructure.
line 8 (b) Building more homes near transit access reduces housing
line 9 and transportation costs for California families, and promotes
line 10 environmental sustainability, economic growth, and reduced traffic
line 11 congestion.
line 12 (c) Public transit systems require sustainable funding to provide
line 13 reliable service, especially in areas experiencing increased density
line 14 and ridership. The state does not invest in public transit service to
line 15 the same degree as it does in roads, and the state funds a smaller
line 16 proportion of the state’s major transit agencies’ operations costs
line 17 than other states with comparable systems. Transit systems in other
line 18 countries derive significant revenue from transit-oriented
line 19 development at and near their stations.
line 20 65912.156. For purposes of this chapter, the following
line 21 definitions apply:
line 22 (a) “Adjacent” means sharing a property line with a transit stop,
line 23 including any parcels that serve a parking or circulation purpose
line 24 related to the stop.
line 25 (b) “Commuter rail” means a rail transit service not meeting
line 26 the standards for heavy rail or light rail, excluding California
line 27 High-Speed Rail and Amtrak Long Distance Service.
line 28 (c) “Department” means the Department of Housing and
line 29 Community Development.
line 30 (d) “Frequent commuter rail” means a commuter rail service
line 31 with a total of at least 24 daily trains per weekday across both
line 32 directions and not meeting the standard for very high or
line 33 high-frequency commuter rail at any point in the past three years.
line 34 (e) “Heavy rail transit” means an electric railway with the
line 35 capacity for a heavy volume of traffic using high-speed and rapid
line 36 acceleration passenger rail cars operating singly or in multicar
line 37 trains on fixed rails, separate rights-of-way from which all other
line 38 vehicular and foot traffic are excluded, and high platform loading.
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line 1 (f) “High-frequency commuter rail” means a commuter rail
line 2 service operating a total of at least 48 trains per day across both
line 3 directions at any point in the past three years.
line 4 (g) “High-resource area” means a highest resource or
line 5 high-resource neighborhood opportunity area, as used in the
line 6 opportunity area maps published annually by the California Tax
line 7 Credit Allocation Committee and the department.
line 8 (h) “Housing development project” has the same meaning as
line 9 defined in Section 65589.5.
line 10 (i) “Light rail transit” includes streetcar, trolley, and tramway
line 11 service.
line 12 (j) “Net habitable square footage” means the finished and heated
line 13 floor area fully enclosed by the inside surface of walls, windows,
line 14 doors, and partitions, and having a headroom of at least six and
line 15 one-half feet, including working, living, eating, cooking, sleeping,
line 16 stair, hall, service, and storage areas, but excluding garages,
line 17 carports, parking spaces, cellars, half-stories, and unfinished attics
line 18 and basements.
line 19 (k) “Rail transit” has the same meaning as defined in Section
line 20 99602 of the Public Utilities Code.
line 21 (l) “Residential floor area ratio” means the ratio of net habitable
line 22 square footage dedicated to residential use to the area of the lot.
line 23 (m) “Tier 1 transit-oriented development stop” means a major
line 24 transit stop, as defined by Section 21155 of the Public Resources
line 25 Code, transit-oriented development stop within an urban transit
line 26 county served by heavy rail transit or very high frequency
line 27 commuter rail.
line 28 (n) “Tier 2 transit-oriented development stop” means a major
line 29 transit stop, as defined by Section 21155 of the Public Resources
line 30 Code, transit-oriented development stop within an urban transit
line 31 county, excluding a Tier 1 transit-oriented development stop, served
line 32 by light rail transit, by high-frequency commuter rail, or by bus
line 33 service meeting the standards of paragraph (1) of subdivision (a)
line 34 of Section 21060.2 of the Public Resources Code.
line 35 (o) “Tier 3 transit-oriented development stop” means a major
line 36 transit stop, as defined by Section 21155 of the Public Resources
line 37 Code, transit-oriented development stop within an urban transit
line 38 county, excluding a Tier 1 or Tier 2 transit-oriented development
line 39 stop, served by frequent commuter rail service or by ferry service.
line 40 service; or any transit-oriented development stop not within an
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line 1 urban transit county; or any major transit stop otherwise so
line 2 designated by the applicable authority.
line 3 (p) “Transit-oriented development stop” means a major transit
line 4 stop, as defined by Section 21155 of the Public Resources Code,
line 5 excluding any stop served by rail transit with a frequency of fewer
line 6 than 10 total trains per weekday. served by heavy rail transit, very
line 7 high frequency commuter rail, high frequency commuter rail, light
line 8 rail transit, bus service meeting the standards of paragraph (1) of
line 9 subdivision (a) of Section 21060.2 of the Public Resources Code,
line 10 frequent commuter rail service, or ferry service, or otherwise so
line 11 designated by the applicable authority.
line 12 (q) “Urban transit county” means a county with 15 or more
line 13 rail transit stations.
line 14 (q)
line 15 (r) “Very high frequency commuter rail” means a commuter
line 16 rail service with a total of at least 72 trains per day across both
line 17 directions at any point in the past three years.
line 18 (s) “Qualified light industrial site” means a site zoned for light
line 19 industrial use, but not heavy industrial use or Title V industrial
line 20 use and that has not been not been exempted through the local
line 21 implementing ordinance or local transit-oriented development
line 22 alternative plan. “Light industrial use,” “heavy industrial use,”
line 23 and “Title V industrial use” have the same meanings as defined
line 24 in Section 65913.16.
line 25 65912.157. (a) A housing development project within one-half
line 26 or one-quarter mile of a transit-oriented development stop shall
line 27 be an allowed use on any site zoned for residential, mixed,
line 28 commercial, or light industrial or commercial development, or a
line 29 qualified light industrial site, if the development complies with
line 30 the applicable of all of the following requirements:
line 31 (1) For a residential development within one-quarter mile of a
line 32 Tier 1 transit-oriented development stop, all of the following apply:
line 33 (A) A development may be built up to 75 feet high, or up to the
line 34 local height limit, whichever is greater. If a development proposes
line 35 a height under this subparagraph in excess of the local height limit,
line 36 then a local government shall not be required to grant a waiver,
line 37 incentive, or concession pursuant to Section 65915 for additional
line 38 height beyond that specified under this subparagraph, except as
line 39 provided in subparagraph (D) of paragraph (2) of subdivision (d)
line 40 of Section 65915.
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line 1 (B) A local government shall not impose any maximum density
line 2 of less than 120 dwelling units per acre. The development
line 3 proponent may seek a further increased density in accordance with
line 4 applicable density bonus law.
line 5 (C) A local government shall not enforce any other local
line 6 development standard or combination of standards that would
line 7 prevent achieving a residential floor area ratio of up to 3.5.
line 8 (D) A development that otherwise meets the eligibility
line 9 requirements of Section 65915, including, but not limited to,
line 10 affordability requirements, shall be eligible for three additional
line 11 concessions pursuant to Section 65915.
line 12 (2) For a residential development further than one-quarter mile
line 13 but within one-half mile of a Tier 1 transit-oriented development
line 14 stop, all of the following apply:
line 15 (A) A development may be built up to 65 feet high, or up to the
line 16 local height limit, whichever is greater. If a development proposes
line 17 a height under this subparagraph in excess of the local height limit,
line 18 then a local government shall not be required to grant a waiver,
line 19 incentive, or concession pursuant to Section 65915 for additional
line 20 height beyond that specified under this subparagraph, except as
line 21 provided in subparagraph (D) of paragraph (2) of subdivision (d)
line 22 of Section 65915.
line 23 (B) A local government shall not impose any maximum density
line 24 standard of less than 100 dwelling units per acre. The development
line 25 proponent may seek a further increased density in accordance with
line 26 applicable density bonus law.
line 27 (C) A local government shall not enforce any other local
line 28 development standard or combination of standards that would
line 29 prevent achieving a residential floor area ratio of up to 3.
line 30 (D) A development that otherwise meets the eligibility
line 31 requirements of Section 65915, including, but not limited to,
line 32 affordability requirements, shall be eligible for two additional
line 33 concessions pursuant to Section 65915.
line 34 (3) For a residential development within one-quarter mile of a
line 35 Tier 2 transit-oriented development stop, all of the following apply:
line 36 (A) A development may be built up to 65 feet high, or up to the
line 37 local height limit, whichever is greater. If a development proposes
line 38 a height under this subparagraph in excess of the local height limit,
line 39 then a local government shall not be required to grant a waiver,
line 40 incentive, or concession pursuant to Section 65915 for additional
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SB 79 — 23 —
line 1 height beyond that specified under this subparagraph, except as
line 2 provided in subparagraph (D) of paragraph (2) of subdivision (d)
line 3 of Section 65915.
line 4 (B) A local government shall not impose any maximum density
line 5 standard of less than 100 dwelling units per acre. The development
line 6 proponent may seek a further increased density in accordance with
line 7 applicable density bonus law.
line 8 (C) A local government shall not enforce any other local
line 9 development standard or combination of standards that would
line 10 prevent achieving a residential floor area ratio of up to 3.
line 11 (D) A development that otherwise meets the eligibility
line 12 requirements of Section 65915, including, but not limited to,
line 13 affordability requirements, shall be eligible for two additional
line 14 concessions pursuant to Section 65915.
line 15 (4) For a residential development further than one-quarter mile
line 16 but within one-half mile of a Tier 2 transit-oriented development
line 17 stop, all of the following apply:
line 18 (A) A development may be built up to 55 feet high, or up to the
line 19 local height limit, whichever is greater. If a development proposes
line 20 a height under this subparagraph in excess of the local height limit,
line 21 then a local government shall not be required to grant a waiver,
line 22 incentive, or concession pursuant to Section 65915 for additional
line 23 height beyond that specified under this subparagraph, except as
line 24 provided in subparagraph (D) of paragraph (2) of subdivision (d)
line 25 of Section 65915.
line 26 (B) A local government shall not impose any maximum density
line 27 standard of less than 80 dwelling units per acre. The development
line 28 proponent may seek a further increased density in accordance with
line 29 applicable density bonus law.
line 30 (C) A local government shall not enforce any other local
line 31 development standard or combination of standards that would
line 32 prevent achieving a residential floor area ratio of up to 2.5.
line 33 (D) A development that otherwise meets the eligibility
line 34 requirements of Section 65915, including, but not limited to,
line 35 affordability requirements, shall be eligible for one additional
line 36 concession pursuant to Section 65915.
line 37 (5) For a residential development within one-quarter mile of a
line 38 Tier 3 transit-oriented development stop, all of the following apply:
line 39 (A) A development may be built up to 55 feet high, or up to the
line 40 local height limit, whichever is greater. If a development proposes
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line 1 a height under this subparagraph in excess of the local height limit,
line 2 then a local government shall not be required to grant a waiver,
line 3 incentive, or concession pursuant to Section 65915 for additional
line 4 height beyond that specified under this subparagraph, except as
line 5 provided in subparagraph (D) of paragraph (2) of subdivision (d)
line 6 of Section 65915.
line 7 (B) A local government shall not impose any maximum density
line 8 standard of less than 80 dwelling units per acre. The development
line 9 proponent may seek a further increased density in accordance with
line 10 applicable density bonus law.
line 11 (C) A local government shall not enforce any other local
line 12 development standard or combination of standards that would
line 13 prevent achieving a residential floor area ratio of up to 2.5.
line 14 (D) A development that otherwise meets the eligibility
line 15 requirements of Section 65915, including, but not limited to,
line 16 affordability requirements, shall be eligible for one additional
line 17 concession pursuant to Section 65915.
line 18 (6) For a residential development further than one-quarter mile
line 19 but within one-half mile of a Tier 3 transit-oriented development
line 20 stop, stop within an urban transit county, all of the following apply:
line 21 (A) A development may be built up to 45 feet high, or up to the
line 22 local height limit, whichever is greater. If a development proposes
line 23 a height under this subparagraph in excess of the local height limit,
line 24 then a local government shall not be required to grant a waiver,
line 25 incentive, or concession pursuant to Section 65915 for additional
line 26 height beyond that specified under this subparagraph, except as
line 27 provided in subparagraph (D) of paragraph (2) of subdivision (d)
line 28 of Section 65915.
line 29 (B) A local government shall not impose any maximum density
line 30 standard of less than 60 dwelling units per acre. The development
line 31 proponent may seek a further increased density in accordance with
line 32 applicable density bonus law.
line 33 (C) A local government shall not enforce any other local
line 34 development standard or combination of standards that would
line 35 prevent achieving a residential floor area ratio of up to 2.
line 36 (b) A local government may still enact and enforce standards,
line 37 including an inclusionary zoning requirement that applies
line 38 generally within the jurisdiction, that do not, alone or in concert,
line 39 prevent achieving the applicable development standards of
line 40 subdivision (a).
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SB 79 — 25 —
line 1 (c) If a development proposes a height under this section in
line 2 excess of the local height limit, then a local government shall not
line 3 be required to grant a waiver, incentive, or concession pursuant
line 4 to Section 65915 for additional height beyond that specified in
line 5 this section, except as provided in subparagraph (D) of paragraph
line 6 (2) of subdivision (d) of Section 65915.
line 7 (b)
line 8 (d) Notwithstanding any other law, a housing development
line 9 project that meets any of the eligibility criteria under subdivision
line 10 (a) and is immediately adjacent to a Tier 1, Tier 2, or Tier 3
line 11 transit-oriented development stop shall be eligible for an adjacency
line 12 intensifier to increase the height limit by an additional 20 feet, the
line 13 maximum density standard by an additional 40 dwelling units per
line 14 acre, and the residential floor area ratio by 1.
line 15 (c)
line 16 (e) A development proposed pursuant to this section shall
line 17 comply with the antidisplacement requirements of Section 66300.6.
line 18 This subdivision shall apply to any city or county.
line 19 (f) A development proposed pursuant to this section shall include
line 20 housing for lower income households in one of the following ways:
line 21 (1) If there is a local inclusionary zoning ordinance or
line 22 affordable housing fee, it shall comply with the requirements of
line 23 that ordinance or fee.
line 24 (2) (A) If there is no local inclusionary ordinance or affordable
line 25 housing fee, a development of more than 10 units shall meet the
line 26 requirements to qualify for a density bonus pursuant to subdivision
line 27 (b) of Section 65915 or a local ordinance.
line 28 (B) This paragraph shall not apply to any development of 10
line 29 units or less.
line 30 (d)
line 31 (g) For purposes of subdivision (j) of Section 65589.5, a
line 32 proposed housing development project that is consistent with the
line 33 applicable standards from this chapter shall be deemed consistent,
line 34 compliant, and in conformity with an applicable plan, program,
line 35 policy, ordinance, standard, requirement, or other similar provision.
line 36 This subdivision shall not require a ministerial approval process
line 37 or modify the requirements of Division 13 (commencing with
line 38 Section 21000) of the Public Resources Code.
line 39 (e)
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line 1 (h) A local government that denies a housing development
line 2 project meeting the requirements of this section that is located in
line 3 a high-resource area shall be presumed to be in violation of the
line 4 Housing Accountability Act (Section 65589.5) and immediately
line 5 liable for penalties pursuant to subparagraph (B) of paragraph (1)
line 6 of subdivision (k) of Section 65589.5, unless the local government
line 7 demonstrates, pursuant to the standards in subdivisions (j) and (o)
line 8 of Section 65589.5, that it has a health, life, or safety reason for
line 9 denying the project.
line 10 65912.158. (a) Notwithstanding any other provision of this
line 11 chapter, a transit agency may adopt objective standards for both
line 12 residential and commercial developments proposed to be
line 13 constructed on land owned by the transit agency or on which the
line 14 transit agency has a permanent operating easement, if the land is
line 15 within one-half mile of a transit-oriented development stop and
line 16 the objective standards allow for the same or greater development
line 17 intensity as that allowed by local standards or applicable state law.
line 18 (b) The board of a transit agency may vote to designate a major
line 19 transit stop served by the agency as a Tier 3 transit-oriented
line 20 development stop for the purposes of this section.
line 21 65912.159. (a) A housing development project proposed
line 22 pursuant to Section 65912.157 shall be eligible for streamlined
line 23 ministerial approval pursuant to Section 65913.4 in accordance
line 24 with all of the following:
line 25 (a)
line 26 (1) The proposed project shall be exempt from subparagraph
line 27 (A) of paragraph (4) of, paragraph (5) of, and clause (iv) of
line 28 subparagraph (A) of paragraph (6) of, subdivision (a) of Section
line 29 65913.4.
line 30 (b)
line 31 (2) The proposed project shall comply with the affordability
line 32 requirements in subclauses (I) through to (III), inclusive, of clause
line 33 (i) of subparagraph (B) of paragraph (4) of subdivision (a) of
line 34 Section 65913.4.
line 35 (c)
line 36 (3) The proposed project shall comply with all other
line 37 requirements of Section 65913.4, including, but not limited to, the
line 38 prohibition against a site that is within a very high fire hazard
line 39 severity zone, pursuant to subparagraph (D) of paragraph (6) of
line 40 subdivision (a) of Section 65913.4.
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SB 79 — 27 —
line 1 (b) Any housing development proposed pursuant to Section
line 2 65912.157 not seeking streamlined approval under Section 65913.4
line 3 shall be reviewed according to the jurisdiction’s development
line 4 review process and Section 65589.5, except that any local zoning
line 5 standard conflicting with the requirements of this chapter shall
line 6 not apply.
line 7 65912.160. (a) The department shall oversee compliance with
line 8 this chapter, including, but not limited to, promulgating standards
line 9 on how to account for capacity pursuant to this chapter in a city
line 10 or county’s inventory of land suitable for residential development,
line 11 pursuant to Section 65583.2.
line 12 (b) (1) A local government may adopt an ordinance to
line 13 implement the provisions of this chapter, which may include
line 14 revisions to applicable zoning requirements on individual sites
line 15 within a transit-oriented development zone, provided that those
line 16 revisions maintain the average density allowed for the applicable
line 17 tier, or up to a 100-percent increase, subject to review by the
line 18 department pursuant to paragraph (3).
line 19 (b) The regional council of governments or metropolitan
line 20 planning organization may create a map of transit-oriented
line 21 development stops and zones designated under this chapter. This
line 22 map shall have a rebuttable presumption of validity for use by
line 23 project applicants and local governments.
line 24 (c) (1) A local government may enact an ordinance to make its
line 25 zoning code consistent with the provisions of this chapter, subject
line 26 to review by the department pursuant to paragraph (3).
line 27 (2) The ordinance may select qualified light industrial sites to
line 28 designate as exempt from the requirements of this chapter, so long
line 29 as residential uses were not permitted prior to January 1, 2025.
line 30 (2) An
line 31 (3) The ordinance adopted to implement this section described
line 32 in paragraph (2) shall not be considered a project under Division
line 33 13 (commencing with Section 21000) of the Public Resources
line 34 Code.
line 35 (3)
line 36 (4) (A) A local government shall submit a copy of any
line 37 ordinance adopted enacted pursuant to this section to the
line 38 department within 60 days of adoption. enactment.
line 39 (B) Upon receipt of an ordinance pursuant to this paragraph,
line 40 the department shall review that ordinance and determine whether
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line 1 it complies with this section. If the department determines that the
line 2 ordinance does not comply with this section, the department shall
line 3 notify the local government in writing and provide the local
line 4 government a reasonable time, not to exceed 30 days, to respond
line 5 before taking further action as authorized by this section.
line 6 (C) The local government shall consider any findings made by
line 7 the department pursuant to subparagraph (B) and shall do one of
line 8 the following:
line 9 (i) Amend the ordinance to comply with this section.
line 10 (ii) Adopt Enact the ordinance without changes. The local
line 11 government shall include findings in its resolution adopting the
line 12 ordinance that explain the reasons the local government believes
line 13 that the ordinance complies with this section despite the findings
line 14 of the department.
line 15 (D) If the local government does not amend its ordinance in
line 16 response to the department’s findings or does not adopt a resolution
line 17 with findings explaining the reason the ordinance complies with
line 18 this chapter and addressing the department’s findings, the
line 19 department shall notify the local government and may notify the
line 20 Attorney General that the local government is in violation of this
line 21 section.
line 22 65912.161. (a) A local government may enact a local
line 23 transit-oriented development alternative plan as an amendment
line 24 to the housing element and land use element of its general plan,
line 25 subject to review by the department.
line 26 (1) (A) A local transit-oriented development alternative plan
line 27 shall maintain at least the same total increase in feasible zoned
line 28 capacity, in terms of both total units and residential floor area, as
line 29 provided for in this chapter across all transit-oriented development
line 30 zones within the jurisdiction.
line 31 (i) The plan may select qualified light industrial sites to
line 32 designate as exempt from the requirements of this chapter, so long
line 33 as residential uses were not permitted on those sites prior to
line 34 January 1, 2025.
line 35 (ii) The plan shall not reduce the capacity in any station area,
line 36 in total units or residential floor area, by more than 50 percent.
line 37 (iii) The plan shall not reduce the allowed density for any
line 38 individual site allowing residential use by more than 50 percent
line 39 below that permitted under this chapter.
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SB 79 — 29 —
line 1 (iv) A site’s maximum feasible capacity counted toward the plan
line 2 shall be not more than 200 percent of the maximum density
line 3 established under this chapter.
line 4 (B) For the purposes of this paragraph, both of the following
line 5 definitions apply:
line 6 (i) “Feasible” means capable of being accomplished in a
line 7 successful manner within a reasonable period of time, taking into
line 8 account economic, environmental, social, and technological
line 9 factors.
line 10 (ii) “Transit-oriented development zone” means the eligible
line 11 area around a qualifying transit-oriented development stop.
line 12 (2) A local transit-oriented development alternative plan may
line 13 designate any other major transit stop or stop along a high-quality
line 14 transit corridor that is not already identified as a transit-oriented
line 15 development stop as a Tier 3 transit-oriented development stop.
line 16 A local transit-oriented development plan consisting solely of
line 17 adding additional major transit stops as transit-oriented
line 18 development stops shall be exempt from the requirements of
line 19 paragraph (4).
line 20 (3) A local transit-oriented development alternative plan may
line 21 consist of an existing local transit-oriented zoning ordinance,
line 22 overlay zone, specific plan, or zoning incentive ordinance, provided
line 23 that it applies to all residential properties within the
line 24 transit-oriented development area and provides at least the same
line 25 total feasible capacity for units and floor area as Section
line 26 65912.157.
line 27 (4) Prior to enacting a local transit-oriented development
line 28 alternative plan, the local government shall submit the draft plan
line 29 to the department for review. The submission shall include any
line 30 amendments to the local zoning ordinances, any applicable
line 31 objective design standards that would apply to transit-oriented
line 32 developments, and assessments of the plan’s impact on
line 33 development feasibility and fair housing. The department shall
line 34 assess whether the plan maintains at least an equal feasible
line 35 developable housing capacity as the baseline established under
line 36 this section as well as the plan’s effects on fair housing relative
line 37 to the baseline established under this section, and shall recommend
line 38 changes to remove unnecessary constraints on housing from the
line 39 plan.
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line 1 (b) Section 65912.157 shall not apply within a jurisdiction that
line 2 has a local transit-oriented alternative plan that has been approved
line 3 by the department as satisfying the requirements of this section in
line 4 effect. The department’s approval pursuant to this subdivision
line 5 shall be valid through the jurisdiction’s next amendment to the
line 6 housing element of its general plan.
line 7 65912.161.
line 8 65912.162. The Legislature finds and declares that the state
line 9 faces a housing crisis of availability and affordability, in large part
line 10 due to a severe shortage of housing, and solving the housing crisis
line 11 therefore requires a multifaceted, statewide approach, including,
line 12 but not limited to, encouraging an increase in the overall supply
line 13 of housing, encouraging the development of housing that is
line 14 affordable to households at all income levels, removing barriers
line 15 to housing production, expanding homeownership opportunities,
line 16 and expanding the availability of rental housing, and is a matter
line 17 of statewide concern and is not a municipal affair as that term is
line 18 used in Section 5 of Article XI of the California Constitution.
line 19 Therefore, this chapter applies to all cities, including charter cities.
line 20 SEC. 3. Section 21080.26.5 is added to the Public Resources
line 21 Code, to read:
line 22 21080.26.5. (a) For the purposes of this section, “public
line 23 project” means a project constructed by either a public agency or
line 24 private entity, that, upon the completion of the construction, will
line 25 be operated by a public agency.
line 26 (b) This division shall not apply to a public or private residential,
line 27 commercial, or mixed-used mixed-use project that, at the time the
line 28 project application is filed, is located entirely or principally on
line 29 land owned by a public transit agency, or fully or partially
line 30 encumbered by an existing operating easement in favor of a public
line 31 transit agency, and that includes at least one of the following:
line 32 (1) A project component identified in paragraphs (1) to (5),
line 33 inclusive, or paragraph (7) of subdivision (b) of Section 21080.25.
line 34 (2) A public project for passenger rail service facilities, other
line 35 than light rail service eligible under paragraph (5) of subdivision
line 36 (b) of Section 21080.25, including the construction,
line 37 reconfiguration, or rehabilitation of stations, terminals, rails,
line 38 platforms, or existing operations facilities, which will be
line 39 exclusively used by zero-emission or electric trains. The project
line 40 shall be located on land owned by a public transit agency, or land
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SB 79 — 31 —
line 1 fully or partially encumbered by an existing operating easement
line 2 in favor of a public transit agency, at the time the project
line 3 application is filed.
line 4 (3) An agreement between the project applicant and public
line 5 transit agency that owns the land or has the permanent operating
line 6 easement to finance transit capital infrastructure, transit
line 7 maintenance, or transit operations, including through a proposed
line 8 public financing district, community financing district, or tax
line 9 increment generated by the project.
line 10 (c) If the project described in paragraph (1) of subdivision (b)
line 11 is located on land fully or partially encumbered by an existing
line 12 operating easement in favor of a public transit agency at the time
line 13 the project application is filed, the transit agency, the grantor of
line 14 the easement, and all fee owners of the property encumbered by
line 15 the easement must sponsor or consent to the application. Nothing
line 16 in this section shall be interpreted to authorize a transit agency
line 17 to construct a project described in paragraph (1) of subdivision
line 18 (b) unless permitted by its operating easement or unless the
line 19 easement is terminated, in each case prior to the commencement
line 20 of construction.
line 21 (c)
line 22 (d) If a project described in subdivision (b) requires the
line 23 construction of new passenger rail storage and maintenance
line 24 facilities at a publicly or privately owned offsite location distinct
line 25 from the principal project site, then that project shall be considered
line 26 a wholly separate project from the project described in subdivision
line 27 (b) and shall not be exempt from this division. Any required
line 28 environmental review shall not affect or render invalid the
line 29 exemption provided in subdivision (b), regardless of whether the
line 30 project described in subdivision (b) cannot proceed unless the
line 31 offsite facilities are constructed.
line 32 SEC. 4. No reimbursement is required by this act pursuant to
line 33 Section 6 of Article XIIIB of the California Constitution because
line 34 a local government or school district has the authority to levy
line 35 service charges, fees, or assessments sufficient to pay for the
line 36 program or level of service mandated by this act, within the
line 37 meaning of Section 17556 of the Government Code.
O
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AMENDED IN SENATE MARCH 26, 2025
SENATE BILL No. 429
Introduced by Senator Cortese
February 18, 2025
An act to amend Section 679.74 of An act to add Article 12
(commencing with Section 970) to Chapter 1 of Part 2 of Division 1 of
the Insurance Code, relating to insurance.
legislative counsel’s digest
SB 429, as amended, Cortese. Property insurance: discrimination.
Wildfire Safety and Risk Mitigation Program.
Existing law creates the Department of Insurance and prescribes the
department’s powers and duties. Existing law generally regulates the
business of insurance in the state, including the underwriting and
ongoing monitoring of insured risks. Existing law generally requires
an insurer or insurance producer to have underwriting guidelines that
establish the criteria and process under which an insurer makes its
decision to provide or to deny coverage.
Existing law requires an admitted insurer with written California
premiums totaling $10,000,000 or more, to submit a report, as specified,
to the commissioner with specified fire risk information on its residential
property policies. Existing law requires the commissioner to post on
the department’s internet website a report on wildfire risk compiled
from data collected from specified insurers.
This bill, upon appropriation for these purposes, would establish the
Wildfire Safety and Risk Mitigation Program to fund the development,
demonstration, and deployment of a public wildfire catastrophe model,
as defined, and to provide grant funding to one or more universities for
eligible projects with specified criteria for the purpose of creating a
98
research and educational center responsible for developing,
demonstrating, and deploying a public wildfire catastrophe model that
provides significant wildfire safety benefits to California communities
and assists alignment of federal, state, and local wildfire risk reduction
efforts. The bill would create the Wildfire Safety and Risk Mitigation
Account within the Insurance Fund for these purposes.
The bill, also upon appropriation for these purposes, would require
the department to create a framework and multiyear plan, to the extent
possible and with available data, for the development, demonstration,
and deployment of a public wildfire catastrophe model that includes
specified information and to publish the plan on the department’s
internet website. The bill would require the department to provide
recommendations to the Legislature, Budget Committees, and the
Governor for future budget allocations related to these provisions before
September 1, 2026.
Existing law prohibits an admitted insurer licensed to issue policies
of residential property insurance from failing or refusing to accept an
application for, or issuing a policy to an applicant for, that insurance,
except as specified, or from canceling the insurance, under conditions
less favorable to the insured than in other comparable cases, except for
reasons applicable alike to persons of every sex, race, color, religion,
ancestry, national origin, disability, medical condition, genetic
information, marital status, or sexual orientation. Existing law provides
that sex, race, color, religion, ancestry, national origin, disability,
medical condition, genetic information, marital status, or sexual
orientation shall not, of itself, constitute a condition or risk for which
a higher rate, premium, or charge may be required of the insured.
Existing law also adds, for specified types of real property, certain
other characteristics relating to the insured or the insured property to
the categories that an insurer is prohibited from using for the purposes
described above, including, under certain circumstances, the level or
source of income and the receipt of government or public assistance by
an individual or group of individuals residing or intending to reside
upon the property, as specified.
This bill would make a nonsubstantive, technical change to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no 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. Article 12 (commencing with Section 970) is
line 2 added to Chapter 1 of Part 2 of Division 1 of the Insurance Code,
line 3 to read:
line 4
line 5 Article 12. Wildfire Safety and Risk Mitigation Program
line 6
line 7 970. (a) The Wildfire Safety and Risk Mitigation Program is
line 8 hereby established.
line 9 (b) The purpose of the program is to provide funding to one or
line 10 more universities for the purpose of creating a research and
line 11 educational center responsible for developing, demonstrating, and
line 12 deploying a public wildfire catastrophe model that provides
line 13 significant wildfire safety benefits to California communities and
line 14 assists alignment of federal, state, and local wildfire risk reduction
line 15 efforts.
line 16 (c) Projects eligible for a grant under this article include either
line 17 of the following:
line 18 (1) The development of a public wildfire catastrophe model that
line 19 can provide insight for state and local emergency planners, aid
line 20 wildfire safety efforts that protect lives and property, increase
line 21 research and development on wildfire risk mitigation strategies,
line 22 inform actuarial analyses, create training opportunities for students
line 23 and professionals, and support effective regulation and financial
line 24 oversight of insurance rates, risk assessments, and insurance
line 25 company solvency risks and risk management.
line 26 (2) The development of outreach initiatives to identify and
line 27 educate potential users of a public wildfire catastrophe model,
line 28 including, but not limited to, state and local emergency planners,
line 29 wildfire safety groups, agricultural and business groups, research
line 30 organizations, and educators.
line 31 (d) For the purposes of this article, a “public wildfire
line 32 catastrophe model” means a computerized process that uses the
line 33 best available science to simulate potential property damage
line 34 caused by major wildfires and has readily accessible
line 35 documentation and programs for use by public agencies,
line 36 organizations, and individuals.
line 37 971. (a) The Wildfire Safety and Risk Mitigation Program
line 38 shall be administered by the department.
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SB 429 — 3 —
line 1 (b) The department shall award grants on a competitive basis.
line 2 The department shall establish minimum standards, funding
line 3 schedules, and procedures for awarding grants. In determining
line 4 these standards, the department shall do all of the following:
line 5 (1) Outline performance criteria and metrics.
line 6 (2) Ensure that the program is administered in furtherance of
line 7 applicable insurance laws and regulations, including, but not
line 8 limited to, Sections 2642.7, 2644.16, 2644.25, 2644.4.5, and 2644.9
line 9 of Title 10 of the California Code of Regulations.
line 10 (3) Consider research and development of modeling techniques
line 11 and actuarial analyses specific to the effectiveness of actions to
line 12 mitigate and prevent the risk of loss due to wildfires, including
line 13 those actions at the property, community, and regional scale by
line 14 utilities and local, state, and federal governments.
line 15 (4) Promote publicly accessible information to inform individual
line 16 property and community-scale mitigation planning, focusing on
line 17 reducing the primary risk factors for wildfire catastrophes.
line 18 (5) Leverage, to the maximum extent feasible, federal or private
line 19 funding.
line 20 (6) Ensure activities undertaken pursuant to this article
line 21 complement efforts by the federal government and private
line 22 industries, including insurance, to achieve wildfire safety at the
line 23 community scale.
line 24 (7) Consider recommendations to the commissioner by the
line 25 Public Wildfire Catastrophe Model Strategy Group.
line 26 972. In evaluating grant proposals pursuant to this article, the
line 27 department shall give priority to projects that demonstrate one or
line 28 more of the following:
line 29 (a) A benefit to disadvantaged communities determined under
line 30 Sections 39711 and 39713 of the Health and Safety Code,
line 31 vulnerable communities as defined in subdivision (d) of Section
line 32 71340 of the Public Resources Code, and where insurance access
line 33 has become a major challenge for the public due to wildfire risk.
line 34 (b) Assistance to state and local governments in protecting
line 35 communities from devastating wildfire disasters and promoting
line 36 equitable recovery.
line 37 (c) An educational benefit for California students to train a
line 38 future workforce in the effective use of available data and modeling
line 39 tools for planning, risk analysis and reduction, and actuarial
98
— 4 — SB 429
line 1 approaches, with a focus on collaboration between multiple
line 2 universities and public higher education institutions.
line 3 (d) The availability for use by governments and others in
line 4 running scenarios to help reduce the risks of loss of life and
line 5 property.
line 6 (e) The availability of publicly accessible information useful
line 7 for property level risk assessments with sufficient detail to be useful
line 8 for community and property mitigation planning, focusing on
line 9 reducing the primary risk factors for wildfire catastrophes,
line 10 including property- and community-level actions.
line 11 (f) The understanding of environmental factors that affect the
line 12 risk of loss, including extreme temperatures, drought, and other
line 13 conditions.
line 14 (g) The ability to improve consumer information, relief,
line 15 transparency, and understanding about catastrophe modeling.
line 16 973. (a) The department shall create a framework and plan,
line 17 to the extent possible and with available data, for the development,
line 18 demonstration, and deployment of a public wildfire catastrophe
line 19 model created pursuant to a grant provided by this article.
line 20 (b) The framework and plan shall articulate a multiyear plan
line 21 for the development, demonstration, and deployment of a public
line 22 wildfire catastrophe model.
line 23 (c) The framework and plan shall be published on the
line 24 department’s internet website upon completion.
line 25 974. The Wildfire Safety and Risk Mitigation Account is hereby
line 26 created within the Insurance Fund. Funds in the account shall
line 27 fund the development, demonstration, and deployment of public
line 28 wildfire catastrophe modeling.
line 29 975. Upon implementation of the first round of grants issued
line 30 pursuant to this article, the department shall identify, publish, and
line 31 make available on its internet website key milestones for the
line 32 completion of a public wildfire catastrophe model, including
line 33 additional research, outreach, and operational steps needed to
line 34 fully establish the model.
line 35 976. The department shall provide recommendations to the
line 36 Legislature, Budget Committees, and the Governor for future
line 37 budget allocations related to this article before September 1, 2026.
line 38 977. This article shall not be construed to limit or conflict with
line 39 the commissioner’s authority regarding rate regulation, or any
line 40 other provisions of this code.
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SB 429 — 5 —
line 1 978. This article shall be operative upon appropriation by the
line 2 Legislature for these purposes.
line 3 SECTION 1. Section 679.74 of the Insurance Code is amended
line 4 to read:
line 5 679.74. (a) An admitted insurer that is licensed to issue a policy
line 6 of insurance upon real property of the type described in paragraph
line 7 (1) of subdivision (a) of Section 675 or paragraph (1) of subdivision
line 8 (b) of Section 675.5, when that real property is used for residential
line 9 purposes, or property of the type described in subdivision (a) of
line 10 Section 10087, shall not fail or refuse to accept an application for,
line 11 or to issue a policy to an applicant for, that insurance unless the
line 12 insurance is to be issued to the applicant by another insurer under
line 13 the same management and control, or cancel that insurance, based
line 14 upon the following characteristics:
line 15 (1) The level or source of income of an individual or group of
line 16 individuals residing or intending to reside upon the property to be
line 17 insured, if the individual or group of individuals is not the owner
line 18 of the real property.
line 19 (2) The receipt of assistance, intended for housing, from the
line 20 federal or state government, or from a local public entity, as defined
line 21 in Section 50079 of the Health and Safety Code, including, but
line 22 not limited to, federal vouchers issued under Section 8 of the
line 23 United States Housing Act of 1937 (42 U.S.C. Sec. 1437f), by an
line 24 individual or group of individuals residing or intending to reside
line 25 upon the property insured or to be insured.
line 26 (b) An application for a policy of insurance upon real property
line 27 of the type described in subdivision (a), or an insurance
line 28 investigation report furnished by an insurer to its agents or
line 29 employees for use in determining the insurability of an applicant
line 30 under such a policy, shall not carry any identification, or any
line 31 requirement for identification, of the following characteristics:
line 32 (1) The level or source of income of an individual or group of
line 33 individuals residing or intending to reside upon the property to be
line 34 insured, if the individual or group of individuals is not the owner
line 35 of the real property.
line 36 (2) The receipt of assistance, intended for housing, from the
line 37 federal or state government, or from a local public entity, as defined
line 38 in Section 50079 of the Health and Safety Code, including, but
line 39 not limited to, federal vouchers issued under Section 8 of the
line 40 United States Housing Act of 1937 (42 U.S.C. Sec. 1437f), by an
98
— 6 — SB 429
line 1 individual or group of individuals residing or intending to reside
line 2 upon the property insured or to be insured.
line 3 (c) In the case of real property of the type described in paragraph
line 4 (1) of subdivision (a) of Section 675, paragraph (1) of subdivision
line 5 (b) of Section 675.5, or subdivision (a) of Section 10087 that is
line 6 used for both residential and commercial purposes, the insurer, or
line 7 its agent or employee, may consider the source of income of a
line 8 nonresidential tenant of the property in determining the insurability
line 9 of an applicant.
line 10 (d) Nothing in this section prohibits an insurer from failing or
line 11 refusing to accept an application for, issuing, canceling, or failing
line 12 to renew, a policy of insurance covered by this chapter as a result
line 13 of underwriting or assessment of factors other than those
line 14 characteristics listed in subdivision (a), or as otherwise prohibited
line 15 by law.
O
98
SB 429 — 7 —
AMENDED IN SENATE APRIL 8, 2025
AMENDED IN SENATE MARCH 24, 2025
SENATE BILL No. 454
Introduced by Senator McNerney
February 19, 2025
An act to add Chapter 4.9 (commencing with Section 116774.20) to
Part 12 of Division 104 of the Health and Safety Code, relating to water,
and making an appropriation therefor.
legislative counsel’s digest
SB 454, as amended, McNerney. State Water Resources Control
Board: PFAS Mitigation Program.
Existing law designates the State Water Resources Control Board as
the agency responsible for administering specific programs related to
drinking water, including, among others, the California Safe Drinking
Water Act and the Emerging Contaminants for Small or Disadvantaged
Communities Funding Program.
This bill would create the PFAS Mitigation Fund in the State Treasury
and would authorize certain moneys in the fund to be expended by the
state board, upon appropriation by the Legislature, for purposes of these
provisions. specified purposes. The bill would authorize the state board
to seek out and accept deposit nonstate, federal, and private funds,
require those funds to be deposited into the PFAS Reduction Account
within the PFAS Mitigation Fund, and continuously appropriate the
moneys nonstate, federal, and private funds in the account fund to the
state board for purposes of these provisions, specified purposes, thereby
making an appropriation. The bill would authorize the state board to
establish accounts within the PFAS Mitigation Fund. The bill would
authorize the state board to expend moneys from the fund and account
97
in the form of a grant, loan, or contract, or to provide assistance services
to water suppliers and sewer system providers, as those terms are
defined, for multiple purposes, including, among other things, to cover
or reduce the costs for water suppliers associated with treating drinking
water to meet the applicable state and federal maximum perfluoroalkyl
and polyfluoroalkyl substances (PFAS) contaminant levels. The bill
would require a water supplier or sewer system provider to include a
clear and definite purpose for how the funds will be used to provide
public benefits to their community related to safe drinking water,
recycled water, or treated wastewater in order to be eligible to receive
funds. The bill would require the state board, on or before July 1, 2027,
to adopt guidelines to implement these provisions, as provided.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Chapter 4.9 (commencing with Section
line 2 116774.20) is added to Part 12 of Division 104 of the Health and
line 3 Safety Code, to read:
line 4
line 5 Chapter 4.9. PFAS Mitigation Program
line 6
line 7 Article 1. Findings and Declarations
line 8
line 9 116774.20. (a) The Legislature finds and declares all of the
line 10 following:
line 11 (1) Every Californian should enjoy the same degree of protection
line 12 from environmental and health hazards. No single group of people
line 13 should bear a disproportionate share of the negative environmental
line 14 consequences and adverse health impacts arising from industrial,
line 15 governmental, or commercial operations or policies.
line 16 (2) State law also declares that it is the established policy of the
line 17 state that every human being has the right to safe, clean, affordable,
line 18 and accessible water adequate for human consumption, cooking,
line 19 and sanitary purposes.
line 20 (3) Perfluoroalkyl and polyfluoroalkyl substances (PFAS)
line 21 continues to be used in a broad range of industrial processes and
line 22 in manufacturing products because of their water and stain resistant,
line 23 nonstick, surfactant, and other properties, including for making
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line 1 packaging, plastic food ware, cleaning products, ski waxes,
line 2 menstrual products, metal products, propellants, coatings and
line 3 paints, and much more, despite the growing body of evidence that
line 4 these chemicals may leach into food, water supplies, and even the
line 5 human body through exposures.
line 6 (4) Concentrated PFAS contamination in the environment
line 7 creates cumulative health burdens resulting in communities with
line 8 greater health risks, such as cancer, reproductive health and fertility
line 9 effects, and immune system disorders.
line 10 (5) PFAS makes its way into community water supplies and
line 11 wastewater. Water suppliers and wastewater treatment operators
line 12 are not responsible for the introduction of PFAS into the
line 13 environment, yet these local agencies are responsible for treating
line 14 our water and wastewater.
line 15 (6) Enhancing the long-term sustainability of drinking water
line 16 systems and wastewater systems for all communities increases our
line 17 communities’ resilience and environmental safety.
line 18 (7) Funding for the infrastructure to treat PFAS in water
line 19 supplies, including recycled water, and wastewater systems under
line 20 this chapter promotes investments for communities, including
line 21 disadvantaged communities, and important contributions to those
line 22 communities in adapting to a cleaner climate and environment.
line 23 (b) It is the intent of the Legislature that true environmental
line 24 justice be brought to our state by addressing PFAS contamination,
line 25 including the continuing disproportionate environmental burdens
line 26 in the state and on passive receivers by creating a fund to provide
line 27 for the treatment of PFAS in water, wastewater, and recycled water.
line 28 (c) It is further the intent of the Legislature that the state board,
line 29 in managing the fund, strive to ensure all regions of the state
line 30 receive an equitable level of consideration for funding pursuant
line 31 to this chapter, to the extent practicable.
line 32
line 33 Article 2. PFAS Mitigation Fund
line 34
line 35 116774.21. For the purposes of this chapter, the follow
line 36 following definitions apply:
line 37 (a) “Account” means the PFAS Reduction Account established
line 38 pursuant to Section 116774.22.
line 39 (b)
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SB 454 — 3 —
line 1 (a) “Fund” means the PFAS Mitigation Fund established
line 2 pursuant to Section 116774.22.
line 3 (c)
line 4 (b) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS”
line 5 means a class of fluorinated organic chemicals containing at least
line 6 one fully fluorinated carbon atom.
line 7 (d)
line 8 (c) “Recycled water” has the same meaning as defined in
line 9 subdivision (n) of Section 13050 of the Water Code.
line 10 (e)
line 11 (d) “Sewer service provider” has the same meaning as defined
line 12 in subdivision (n) of Section 13288 of the Water Code.
line 13 (f)
line 14 (e) “State board” means the State Water Resources Control
line 15 Board.
line 16 (g)
line 17 (f) “Water supplier” means a local public agency or private
line 18 company supplying or storing water, or a mutual water company.
line 19 116774.22. (a) The PFAS Mitigation Fund is hereby created
line 20 in the State Treasury. Upon appropriation by the Legislature,
line 21 moneys deposited into the fund shall be available for the state
line 22 board to expend consistent with the purposes of this chapter.
line 23 (b) The state board may seek out and accept deposit nonstate,
line 24 federal, and private funds for purposes of this chapter, and those
line 25 funds shall be deposited into the PFAS Reduction Account, which
line 26 is hereby created within the PFAS Mitigation Fund. into the fund
line 27 for purposes of this chapter. The state board may establish
line 28 accounts within the fund. Notwithstanding Section 13340 of the
line 29 Government Code, moneys the nonstate, federal, and private funds
line 30 in the account fund shall be continuously appropriated without
line 31 regard to fiscal years to the state board for purposes of this chapter.
line 32 116774.23. (a) The state board may expend moneys from the
line 33 fund and account in the form of a grant, loan, or contract, or to
line 34 provide technical assistance services to water suppliers and sewer
line 35 system providers for one or more of the following purposes:
line 36 (1) Cover or reduce the costs for water suppliers associated with
line 37 treating drinking water, including recycled water, to meet the
line 38 applicable state advisory levels and applicable state and federal
line 39 maximum PFAS contaminant levels.
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line 1 (2) (A) Cover or reduce the costs for sewer system providers
line 2 associated with treating wastewater or recycled water to reduce or
line 3 remove PFAS.
line 4 (B) Upon the establishment of state or federal standards
line 5 regarding treating wastewater or recycled water to reduce or
line 6 remove PFAS, cover or reduce the costs for sewer system providers
line 7 to meet the applicable standards.
line 8 (3) Cover or reduce the costs for water suppliers or sewer system
line 9 providers associated with proper disposal of PFAS contamination
line 10 after treating drinking water supplies, recycled water, or
line 11 wastewater.
line 12 (4) Any other costs an applicant claims are associated with the
line 13 removal of PFAS in drinking water, recycled water, and
line 14 wastewater.
line 15 (b) Eligible expenditures made pursuant to subdivision (a) shall
line 16 include, but not be limited to, all of the following:
line 17 (1) Construction of a new treatment facility or to upgrade an
line 18 existing treatment facility that addresses PFAS contamination.
line 19 (2) Infrastructure related to monitoring or pilot testing for PFAS
line 20 treatment alternatives. PFAS.
line 21 (3) The costs associated with planning, design, and infrastructure
line 22 for eligible projects.
line 23 (c) The state board may expend no more than 5 percent of the
line 24 total moneys available in the fund for the purposes of administering
line 25 the fund.
line 26 116774.24. In order to be eligible for funds pursuant to this
line 27 chapter, a water supplier or sewer system provider shall include a
line 28 clear and definite purpose for how the funds will be used to provide
line 29 benefits to their community related to safe drinking water, recycled
line 30 water, or treated wastewater.
line 31 116774.25. (a) On or before July 1, 2027, the state board shall
line 32 adopt guidelines to implement this chapter.
line 33 (b) The development of the guidelines shall include, but not be
line 34 limited to, all of the following:
line 35 (1) Specific funding criteria from each funding source.
line 36 (2) Identification of minimum and maximum grant amounts,
line 37 based on percentage of the total annual moneys available.
line 38 (3) Opportunities for public comment, where the state board
line 39 shall solicit stakeholder input by doing both of the following:
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SB 454 — 5 —
line 1 (A) Notify the public when draft guidelines are posted on the
line 2 state board’s internet website.
line 3 (B) Conduct two public workshops on the draft guidelines to
line 4 receive and consider public comment prior to finalizing the
line 5 guidelines.
line 6
line 7 Article 3. General Provisions
line 8
line 9 116774.26. Actions taken to implement, interpret, or make
line 10 specific this chapter are not subject to the Administrative Procedure
line 11 Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of
line 12 Division 3 of Title 2 of the Government Code).
line 13 116774.27. This chapter does not expand any obligation of the
line 14 state to provide resources for the provisions of this chapter or to
line 15 require the expenditure of additional resources beyond the amount
line 16 of moneys deposited in the fund.
line 17 116774.28. The Legislature finds and declares that participation
line 18 in an activity authorized for funding from the fund or a contribution
line 19 to the fund by a federal, state, or local agency serves a public
line 20 purpose and does not constitute a gift of public funds within the
line 21 meaning of Section 6 of Article XVI of the California Constitution.
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AMENDED IN SENATE APRIL 21, 2025
AMENDED IN SENATE MARCH 25, 2025
SENATE BILL No. 455
Introduced by Senator Blakespear
February 19, 2025
An act to amend Sections 312.5 312.5, 405, 406, and 24016 of, and
to add Section Sections 406.5 and 21065 to, and to add Article 5.4
(commencing with Section 21240) and Article 9 (commencing with
Section 21310) to Chapter 1 of Division 11 of, the Vehicle Code, relating
to vehicles.
legislative counsel’s digest
SB 455, as amended, Blakespear. Electric bicycles.
Existing law governs the operation of motor vehicles and other
devices, including, among other things, motor-driven cycles and
motorized bicycles or mopeds. A violation of the Vehicle Code is a
crime.
This bill would revise the definitions of the above-described devices
and refer to motorized bicycles as mopeds or low-power mopeds, as
specified. The bill would, commencing July 1, 2026, require
manufacturers and distributors of low-power mopeds to apply an
etching, an engraving, or a label that is permanently affixed to each
low-power moped that contains, among other things, a statement that
the device is a low-power moped and not an electric bicycle. The bill
would set forth provisions governing the operation of low-power
mopeds, including, among other things, licensing and helmet
requirements. The bill would exempt low-power mopeds from being
classified as motor vehicles, thereby exempting these devices from
specified financial responsibility, registration, and license plate
97
requirements. The bill would authorize a local authority to regulate the
parking and operation of low-power mopeds on local streets and
highways, as specified. Because a violation of these provisions would
be a crime, the bill would impose a state-mandated local program.
Existing law defines an electric bicycle as a bicycle equipped with
fully operable pedals and an electric motor that does not exceed 750
watts of power, and requires electric bicycles to comply with specified
equipment and manufacturing requirements. Existing law also governs
the operation of electric bicycles and requires manufacturers and
distributors of electric bicycles to apply a label that is permanently
affixed to each electric bicycle that contains, among other things, the
classification number of the electric bicycle, as specified. Existing law
prohibits specified vehicles from being advertised, sold, offered for
sale, or labeled as electric bicycles, including a vehicle that is modified
to attain a speed greater than 20 miles per hour on motor power alone
or to have motor power of more than 750 watts. Existing law prohibits
the sale of a product or device that can modify the speed capability of
an electric bicycle such that it no longer meets the definition of an
electric bicycle. A violation of the Vehicle Code is a crime.
This bill would, commencing July 1, 2026, revise the labeling
requirements described above to require manufacturers and distributors
to apply an etching, an engraving, or label that is permanently affixed
skyward on the frame of the to each electric bicycle and that contains
additional information, including the brand name and manufacturer or
distributor of the electric bicycle. The bill would revise the
above-described list of vehicles prohibited from being advertised, sold,
offered for sale, or labeled as electric bicycles, as specified, and include
on the list, among other things, a vehicle that is capable of providing
assistance when the bicycle reaches a speed exceeding 28 miles per
hour. The bill would require any incident report filed by a peace officer
for an injury or crash involving an electric bicycle to include all of the
information provided in the etching, engraving, or label described above
or to indicate that a marking was not available. The bill would,
commencing January 1, 2026, require any product or device sold in the
previous 5 years as an electric bicycle that no longer meets the definition
of electric bicycle as of January 1, 2026, to be subject to a written
customer notification by the retailer or manufacturer that includes among
other things, notification that the product or device no longer meets the
definition of an electric bicycle under state law. Because the bill would
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impose new requirements for electric bicycles, the violation of which
would be a crime, the bill would impose a state-mandated local program.
The bill would also prohibit 2-wheeled or 3-wheeled devices from
operating on any highway or public right-of-way unless the device
meets the definition of a device that is explicitly defined in, and
authorized for use on a highway or public right-of-way by, the Vehicle
Code. The bill would authorize 2-wheeled or 3-wheeled devices that
do not meet the above requirements to only be operated on private
property or in off-highway environments, as specified. Because a
violation of these provisions 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 312.5 of the Vehicle Code is amended
line 2 to read:
line 3 312.5. (a) An “electric bicycle” is a bicycle equipped with
line 4 fully operable pedals and an electric motor that does not exceed
line 5 750 watts of power.
line 6 (1) A “class 1 electric bicycle,” or “low-speed pedal-assisted
line 7 electric bicycle,” is a bicycle equipped with a motor that provides
line 8 assistance only when the rider is pedaling, that is not capable of
line 9 exclusively propelling the bicycle, except as provided in paragraph
line 10 (4), that ceases to provide assistance when the bicycle reaches the
line 11 speed of 20 miles per hour, and that is not capable of providing
line 12 assistance to reach speeds greater than 20 miles per hour.
line 13 (2) A “class 2 electric bicycle,” or “low-speed throttle-assisted
line 14 electric bicycle,” is a bicycle equipped with a motor that may be
line 15 used exclusively to propel the bicycle, and that is not capable of
line 16 providing assistance when the bicycle reaches the speed of 20
line 17 miles per hour.
line 18 (3) A “class 3 electric bicycle,” or “speed pedal-assisted electric
line 19 bicycle,” is a bicycle equipped with a motor that provides
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SB 455 — 3 —
line 1 assistance only when the rider is pedaling, that is not capable of
line 2 exclusively propelling the bicycle, except as provided in paragraph
line 3 (4), and that ceases to provide assistance when the bicycle reaches
line 4 the speed of 28 miles per hour, and equipped with a speedometer.
line 5 (4) A class 1 or class 3 electric bicycle may have start assistance
line 6 or a walk mode that propels the electric bicycle on motor power
line 7 alone, up to a maximum speed of 3.7 miles per hour.
line 8 (b) A person riding an electric bicycle, as defined in this section,
line 9 is subject to Article 4 (commencing with Section 21200) of Chapter
line 10 1 of Division 11.
line 11 (c) (1) On and after January 1, 2017, and until July 1, 2026,
line 12 manufacturers and distributors of electric bicycles shall apply a
line 13 label that is permanently affixed, in a prominent location, to each
line 14 electric bicycle. The label shall contain the classification number,
line 15 top assisted speed, and motor wattage of the electric bicycle, and
line 16 shall be printed in Arial font in at least 9-point type.
line 17 (2) On and after July 1, 2026, manufacturers and distributors
line 18 of electric bicycles shall apply an etching, an engraving, or a label
line 19 that is permanently affixed to each electric bicycle. The marking
line 20 shall be positioned skyward on the frame and contain the brand
line 21 name, manufacturer or distributor, classification number, top
line 22 assisted speed, and motor wattage of the electric bicycle, and shall
line 23 be printed in Arial font in at least 9-point type.
line 24 (d) The following vehicles are not electric bicycles under this
line 25 code and shall not be advertised, sold, offered for sale, or labeled
line 26 as electric bicycles:
line 27 (1) A vehicle with motor power of more than 750 watts.
line 28 (2) A vehicle with no more than three wheels powered by an
line 29 electric motor that is intended by the manufacturer to be modifiable
line 30 to attain a speed greater than 20 miles per hour on motor power
line 31 alone.
line 32 (3) A vehicle that is modified to attain a speed greater than 20
line 33 miles per hour on motor power alone.
line 34 (4) A vehicle that is modified to have its operable pedals
line 35 removed.
line 36 (5) A vehicle that is capable of providing assistance when the
line 37 vehicle reaches a speed exceeding 28 miles per hour.
line 38 (6) A vehicle that meets the definitions of Sections Section 400,
line 39 405, or 406. 406, or 406.5.
line 40 SEC. 2. Section 405 of the Vehicle Code is amended to read:
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line 1 405. (a) A “motor-driven cycle” is any motorcycle with a
line 2 motor that displaces less than 150 cubic centimeters. A
line 3 motor-driven cycle does not include a motorized bicycle, as defined
line 4 in Section 406. meets either of the following requirements:
line 5 (1) Gas powered and displaces less than 150 cubic centimeters.
line 6 (2) Electric powered with a maximum output of less than 10,000
line 7 watts and is capable of reaching speeds greater than 40 miles per
line 8 hour.
line 9 (b) A motor-driven cycle may have pedals.
line 10 (c) A motor-driven cycle does not include a moped, as defined
line 11 in Section 406, or a low-power moped, as defined in Section 406.5.
line 12 SEC. 3. Section 406 of the Vehicle Code is amended to read:
line 13 406. (a) A “motorized bicycle” or “moped” is a two-wheeled
line 14 or three-wheeled device having fully operative pedals for
line 15 propulsion by human power, or having no pedals if powered solely
line 16 by electrical energy, and an automatic transmission and a motor
line 17 that produces less than 4 gross brake horsepower and is device,
line 18 with or without operative pedals, that has an automatic
line 19 transmission and a motor capable of propelling the device at a
line 20 maximum speed of not more than 30 miles per hour on level
line 21 ground. ground that meets either of the following requirements:
line 22 (1) The motor is gas powered and produces greater than 3 gross
line 23 brake horsepower, but less than 4 gross brake horsepower.
line 24 (2) The motor is electrically powered with a potential output of
line 25 greater than 2,250 watts, but less than 3,000 watts.
line 26 (b) Every manufacturer of a motorized bicycle or moped, as
line 27 defined in this section, shall provide a disclosure to buyers that
line 28 advises buyers that their existing insurance policies may not
line 29 provide coverage for these bicycles and that they should contact
line 30 their insurance company or insurance agent to determine if
line 31 coverage is provided. The disclosure shall meet both of the
line 32 following requirements:
line 33 (1) The disclosure shall be printed in not less than 14-point
line 34 boldface type on a single sheet of paper that contains no
line 35 information other than the disclosure.
line 36 (2) The disclosure shall include the following language in capital
line 37 letters:
line 38
line 39 “YOUR INSURANCE POLICIES MAY NOT PROVIDE
line 40 COVERAGE FOR ACCIDENTS INVOLVING THE USE OF
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SB 455 — 5 —
line 1 THIS BICYCLE. TO DETERMINE IF COVERAGE IS
line 2 PROVIDED YOU SHOULD CONTACT YOUR INSURANCE
line 3 COMPANY OR AGENT.”
line 4
line 5 (c) Any reference in this code to “motorized bicycle” shall be
line 6 deemed to refer to a moped, as defined in this section, unless the
line 7 device being referenced meets the definition of a low-powered
line 8 moped, as defined in Section 406.5, in which case the reference
line 9 to “motorized bicycle” shall be deemed to refer to a low-power
line 10 moped.
line 11 SEC. 4. Section 406.5 is added to the Vehicle Code, to read:
line 12 406.5. (a) A “low-power moped” is a two-wheeled or
line 13 three-wheeled device, with or without operative pedals, and has
line 14 a motor capable of propelling the device at a maximum speed of
line 15 not more than 30 miles per hour on level ground and meets either
line 16 of the following requirements:
line 17 (1) The motor is gas powered and produces less than 3 gross
line 18 brake horsepower.
line 19 (2) The motor is electrically powered with a potential output of
line 20 2,250 watts or less.
line 21 (b) On and after July 1, 2026, manufacturers and distributors
line 22 of low-power mopeds shall apply an etching, an engraving, or a
line 23 label that is permanently affixed to each low-power moped. The
line 24 marking shall be positioned skyward on the frame and contain the
line 25 brand name, manufacturer or distributor, top assisted speed, motor
line 26 wattage, and the line “this is a low-power moped, not an electric
line 27 bicycle,” and shall be printed in Arial font in at least 9-point type.
line 28 (c) A low-power moped does not include an electric bicycle, as
line 29 defined in Section 312.5.
line 30 SEC. 2.
line 31 SEC. 5. Section 21065 is added to the Vehicle Code, to read:
line 32 21065. Any incident report filed by a peace officer for an injury
line 33 or crash involving an electric bicycle shall include all of the
line 34 information provided on the marking described in subdivision (c)
line 35 of Section 312.5. If the electric bicycle does not have the marking,
line 36 the incident report shall indicate that a marking was not available.
line 37 SEC. 6. Article 5.4 (commencing with Section 21240) is added
line 38 to Chapter 1 of Division 11 of the Vehicle Code, to read:
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— 6 — SB 455
line 1
line 2 Article 5.4. Operation of Low-Power Mopeds
line 3
line 4 21240. A person shall meet the following requirements to
line 5 operate a low-power moped:
line 6 (a) If under 18 years of age, the person possesses a valid class
line 7 M1 or M2 license.
line 8 (b) If 18 years of age or older, the person possesses a valid
line 9 driver’s license of any class.
line 10 21241. Every person operating a low-power moped upon a
line 11 highway has all the rights and is subject to all the provisions
line 12 applicable to the driver of a vehicle by this division, including, but
line 13 not limited to, provisions concerning driving under the influence
line 14 of alcoholic beverages or drugs, and by Division 10 (commencing
line 15 with Section 20000), Division 17 (commencing with Section
line 16 40000.1), and Division 18 (commencing with Section 42000),
line 17 except those provisions that, by their very nature, can have no
line 18 application.
line 19 21242. A person operating a low-power moped is not subject
line 20 to the provisions of this code relating to financial responsibility,
line 21 registration, and license plate requirements, and, for those
line 22 purposes, a low-power moped is not a motor vehicle.
line 23 21243. This article does not prevent a local authority, by
line 24 ordinance, from regulating the parking and operation of low-power
line 25 mopeds on local streets and highways if that regulation is not in
line 26 conflict with this code.
line 27 21244. (a) A person shall only operate a low-power moped
line 28 upon a highway subject to the following requirements:
line 29 (1) The posted speed limit is 35 miles per hour or less.
line 30 (2) The low-speed moped is capable of sustaining a speed that
line 31 is within five miles of the posted speed limit.
line 32 (b) A low-power moped shall not be operated on sidewalks,
line 33 paths, trails, or Class I, Class II, or Class IV bikeways.
line 34 21245. Any person operating a low-power moped upon a
line 35 highway shall ride as close as practicable to the right-hand curb
line 36 or right edge of the roadway, except under the following situations:
line 37 (a) When preparing for, and taking, a left turn.
line 38 (b) When preparing for, and taking, a U-turn.
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SB 455 — 7 —
line 1 21246. The operator of a low-power moped shall not operate
line 2 a low-power moped without wearing a properly fitted and fastened
line 3 bicycle helmet that meets the standards described in Section 21212.
line 4 SEC. 7. Article 9 (commencing with Section 21310) is added
line 5 to Chapter 1 of Division 11 of the Vehicle Code, to read:
line 6
line 7 Article 9. Unauthorized Devices
line 8
line 9 21310. (a) Notwithstanding any other law, a two-wheeled or
line 10 three-wheeled device shall not operate on any highway or public
line 11 right-of-way unless the device meets a definition of a device that
line 12 is explicitly defined in Division 1 (commencing with Section 100)
line 13 and is explicitly authorized for use on a highway or public
line 14 right-of-way pursuant to this code.
line 15 (b) A two-wheeled or three-wheeled device that does not meet
line 16 the requirements described in subdivision (a) shall only be
line 17 operated on private property or in off-highway environments,
line 18 subject to all relevant local, state, and federal laws.
line 19 SEC. 3.
line 20 SEC. 8. Section 24016 of the Vehicle Code is amended to read:
line 21 24016. (a) An electric bicycle described in subdivision (a) of
line 22 Section 312.5 shall meet the following criteria:
line 23 (1) Comply with the equipment and manufacturing requirements
line 24 for bicycles adopted by the United States Consumer Product Safety
line 25 Commission (16 C.F.R. 1512.1, et seq.).
line 26 (2) Operate in a manner so that the electric motor is disengaged
line 27 or ceases to function when the brakes are applied, or operate in a
line 28 manner such that the motor is engaged through a switch or
line 29 mechanism that, when released or activated, will cause the electric
line 30 motor to disengage or cease to function.
line 31 (b) A person operating an electric bicycle is not subject to the
line 32 provisions of this code relating to financial responsibility, driver’s
line 33 licenses, registration, and license plate requirements, and an electric
line 34 bicycle is not a motor vehicle.
line 35 (c) Every manufacturer of an electric bicycle shall certify that
line 36 it complies with the equipment and manufacturing requirements
line 37 for bicycles adopted by the United States Consumer Product Safety
line 38 Commission (16 C.F.R. 1512.1, et seq.).
line 39 (d) A person shall not tamper with or modify an electric bicycle
line 40 described in subdivision (a) of Section 312.5 so as to change the
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line 1 speed capability of the bicycle, unless the bicycle continues to
line 2 meet the definition of an electric bicycle under subdivision (a) of
line 3 Section 312.5 and the person appropriately replaces the label
line 4 indicating the classification required in subdivision (c) of Section
line 5 312.5.
line 6 (e) A person shall not sell a product or device that can modify
line 7 the speed capability of an electric bicycle such that it no longer
line 8 meets the definition of an electric bicycle under subdivision (a) of
line 9 Section 312.5.
line 10 (f) Commencing January 1, 2026, any product or device sold
line 11 in the previous five years as an electric bicycle that no longer meets
line 12 the definition of electric bicycle pursuant to Section 312.5 as of
line 13 January 1, 2026, shall be subject to customer notification by the
line 14 retailer or manufacturer of that product. The retailer or
line 15 manufacturer shall provide written notification to affected
line 16 customers, including by email, that the product or device no longer
line 17 meets the definition of an electric bicycle under state law. If the
line 18 product meets the current definition of another type of device under
line 19 this code, the notice shall include that information and inform the
line 20 customer that they may be required to meet additional legal
line 21 requirements, including, but not limited to, registration and
line 22 licensing.
line 23 SEC. 4.
line 24 SEC. 9. No reimbursement is required by this act pursuant to
line 25 Section 6 of Article XIIIB of the California Constitution because
line 26 the only costs that may be incurred by a local agency or school
line 27 district will be incurred because this act creates a new crime or
line 28 infraction, eliminates a crime or infraction, or changes the penalty
line 29 for a crime or infraction, within the meaning of Section 17556 of
line 30 the Government Code, or changes the definition of a crime within
line 31 the meaning of Section 6 of Article XIII B of the California
line 32 Constitution.
O
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SB 455 — 9 —
AMENDED IN SENATE APRIL 2, 2025
SENATE BILL No. 456
Introduced by Senator Ashby
(Coauthor: Senator Laird)
February 19, 2025
An act to amend add Section 7044 of 7050 to the Business and
Professions Code, relating to professions and vocations.
legislative counsel’s digest
SB 456, as amended, Ashby. Contractors: exemptions: muralists.
Existing law, the Contractors State License Law, establishes the
Contractors State License Board within the Department of Consumer
Affairs and sets forth its powers and duties relating to the licensure and
regulation of contractors. Existing law makes it a misdemeanor for a
person to engage in the business, or act in the capacity, of a contractor
without a license, unless exempted. Existing law exempts from the
Contractors State License Law, among other things, a nonprofit
corporation providing assistance to an owner, as specified.
This bill would exempt from that law a muralist, as defined, who
produces a mural, as defined, pursuant to an agreement with a person
who could legally authorize the work.
This bill would exempt from that law an artist who draws, paints,
applies, executes, restores, or conserves a mural, as defined, pursuant
to an agreement with a person who could legally authorize the work.
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 7050 is added to the Business and
line 2 Professions Code, to read:
line 3 7050. (a) This chapter does not apply to an artist who draws,
line 4 paints, applies, executes, restores, or conserves a mural pursuant
line 5 to an agreement with a person who could legally authorize the
line 6 work.
line 7 (b) For purposes of this section, ”mural” means a unique work
line 8 of fine art that is protected by copyright, trademark, label, or
line 9 patent and that is drawn or painted by hand directly onto interior
line 10 or exterior walls or ceilings, fixtures, or other appurtenances of
line 11 a building or structure. “Mural” does not include painted wall
line 12 signs.
line 13 SECTION 1. Section 7044 of the Business and Professions
line 14 Code is amended to read:
line 15 7044. (a) This chapter does not apply to any of the following:
line 16 (1) An owner who builds or improves a structure on the owner’s
line 17 property, provided that both of the following conditions are met:
line 18 (A) None of the improvements are intended or offered for sale.
line 19 (B) The property owner personally performs all of the work or
line 20 any work not performed by the owner is performed by the owner’s
line 21 employees with wages as their sole compensation.
line 22 (2) An owner who builds or improves a structure on the owner’s
line 23 property, provided that both of the following conditions are met:
line 24 (A) The owner directly contracts with licensees who are duly
line 25 licensed to contract for the work of the respective trades involved
line 26 in completing the project.
line 27 (B) For projects involving single-family residential structures,
line 28 no more than four of these structures are intended or offered for
line 29 sale in a calendar year. This subparagraph shall not apply if the
line 30 owner contracts with a general contractor for the construction.
line 31 (3) A homeowner improving the homeowner’s principal place
line 32 of residence or appurtenances thereto, provided that all of the
line 33 following conditions exist:
line 34 (A) The work is performed prior to sale.
line 35 (B) The homeowner has actually resided in the residence for
line 36 the 12 months prior to completion of the work.
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line 1 (C) The homeowner has not claimed the exemption in this
line 2 paragraph on more than two structures more than once during any
line 3 three-year period.
line 4 (4) A nonprofit corporation providing assistance to an
line 5 owner-builder, as defined in subdivision (a) of Section 50692 of
line 6 the Health and Safety Code, who is participating in a mutual
line 7 self-help housing program, as defined in Section 50078 of the
line 8 Health and Safety Code.
line 9 (5) A muralist who produces a mural.
line 10 (A) For purposes of this section, a “muralist” means an artist
line 11 who draws, paints, applies, executes, restores, conserves, or affixes
line 12 visual art directly onto walls, ceilings, or other fixtures of a
line 13 building or structure pursuant to an agreement with a person who
line 14 could legally authorize the work.
line 15 (B) For purposes of this section, a “mural” means a unique work
line 16 of visual art that is protected by copyright, trademark, label, or
line 17 patent and that is drawn or painted by hand directly upon, or affixed
line 18 directly to, an exterior or interior wall or ceiling of a building or
line 19 structure.
line 20 (b) In all actions brought under this chapter, both of the
line 21 following shall apply:
line 22 (1) Except as provided in paragraph (2), proof of the sale or
line 23 offering for sale of a structure by or for the owner-builder within
line 24 one year after completion of the structure constitutes a rebuttable
line 25 presumption affecting the burden of proof that the structure was
line 26 undertaken for purposes of sale.
line 27 (2) Proof of the sale or offering for sale of five or more
line 28 structures by the owner-builder within one year after completion
line 29 constitutes a conclusive presumption that the structures were
line 30 undertaken for purposes of sale.
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SB 456 — 3 —
AMENDED IN SENATE APRIL 2, 2025
SENATE BILL No. 559
Introduced by Senator Stern
February 20, 2025
An act to add Section 8386.7 to the Public Utilities Code, relating to
electricity.
legislative counsel’s digest
SB 559, as amended, Stern. Electricity: deenergization events:
communications.
Existing law requires each electrical corporation to annually prepare
a wildfire mitigation plan and to submit the plan to the Office of Energy
Infrastructure Safety for review and approval, as specified. Existing
law requires a wildfire mitigation plan of an electrical corporation to
include, among other things, protocols for deenergizing portions of the
electrical distribution system that consider the associated impacts on
public safety, and protocols related to mitigating the public safety
impacts of those protocols, including impacts on critical first responders
and on health and communications infrastructure. Existing law requires
a wildfire mitigation plan of an electrical corporation to also include
appropriate and feasible procedures for notifying a customer who may
be impacted by the deenergizing of electrical lines and requires these
procedures to consider the need to notify, as a priority, critical first
responders, health care facilities, and operators of telecommunications
infrastructure with premises within the footprint of a potential
deenergization event.
This bill would require, at the start of a deenergization event,
consistent with the above-described protocols, an electrical corporation
to immediately notify local emergency management organizations and
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local utility districts notify, when possible and at the time a decision to
conduct a deenergization event is made, public safety partners about
the potential public safety impacts of the deenergization, deenergization
event, as specified. The bill would require detailed status information
on restoration efforts to be made available to emergency management
organizations, public safety officials, customers, and the public in
real-time, public, where feasible, with regular progress updates issued
at intervals of no more than 12 hours, for all impacted circuits, as
specified. The bill would require, at the start in advance of a
deenergization event, an electrical corporation to make a reasonable
effort to publish and make available real-time weather conditions
observed within the affected circuit being considered for deenergization,
as provided. Once hazardous weather conditions subside, the bill would
require an electrical corporation to prioritize the restoration of electricity
and begin efforts to reenergize lines without unnecessary delays. delays
when safe to do so. The bill would make electrical corporations
responsible for the continual monitoring and eventual restoration of
circuits affected by a deenergization event. The bill would require each
electrical corporation to submit an annual report to the Public Utilities
Commission that details its compliance with the transparency and
restoration requirements of these provisions, as provided.
This bill would require the commission to oversee each electrical
corporation’s compliance with these provisions to ensure that electrical
corporations are meeting the transparency, communication, and
restoration requirements. If an electrical corporation fails to comply
with any of these provisions, including by failing to publish required
weather data, notify public safety agencies, or meet communication
standards, the bill would authorize the commission to impose financial
penalties.
Under existing law, a violation of any order, decision, rule, direction,
demand, or requirement of the commission is a crime.
Because this bill requires action by the commission to implement its
requirements, and because a violation of that action 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.
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Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 8386.7 is added to the Public Utilities
line 2 Code, to read:
line 3 8386.7. (a) For purposes of this section, both of the following
line 4 definitions apply:
line 5 (1) “Critical facilities and infrastructure” means publicly or
line 6 privately owned facilities and services vital to the safety and
line 7 well-being of the community, including infrastructure that are
line 8 essential to the public safety and that require additional assistance
line 9 and advanced planning to ensure resiliency during deenergization
line 10 events, including, but not limited to, drinking water and wastewater
line 11 facilities, healthcare medical facilities, communications systems,
line 12 carrier infrastructure, emergency services, and other critical
line 13 systems. systems as defined by the protocols adopted by the
line 14 commission pursuant to paragraphs (6) and (7) of subdivision (c)
line 15 of Section 8386.
line 16 (2) “Deenergization” means the action taken by an electrical
line 17 corporation to turn off electricity to specific areas or circuits in
line 18 response to conditions that could lead to wildfire risk.
line 19 (3) “Deenergization event” means a planned electricity outage
line 20 initiated by an electrical corporation to reduce the risk of wildfire
line 21 during extreme weather conditions, such as high winds, dry
line 22 conditions, or other hazardous factors.
line 23 (4)
line 24 (2) “Weather data” means real-time weather conditions observed
line 25 by an electrical corporation at the time of deenergization, including
line 26 wind speed, wind gust speed, relative humidity, and temperature.
line 27 (b) (1) At the start of a deenergization event Consistent with
line 28 the protocols adopted by the commission pursuant to paragraphs
line 29 (6) and (7) of subdivision (c) of Section 8386, an electrical
line 30 corporation shall immediately notify local emergency management
line 31 organizations and local utility districts notify, when possible, and
line 32 at the time a decision to conduct a deenergization event is made,
line 33 public safety partners, including emergency response providers
line 34 and first responders, about the potential public safety impacts of
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SB 559 — 3 —
line 1 the deenergization. deenergization event. The notification shall
line 2 include the following information:
line 3 (A) The specific critical facilities and infrastructure impacted,
line 4 including healthcare including, but not limited to, health care
line 5 facilities, water treatment facilities, communications towers, and
line 6 other public safety critical facilities and infrastructure.
line 7 (B) An assessment of the potential risks posed to public health,
line 8 safety, and emergency response capabilities resulting from the loss
line 9 of electricity at those critical facilities.
line 10 (2)
line 11 (c) The electrical corporation shall make every effort to maintain
line 12 direct lines of communication with public safety agencies partners
line 13 to ensure the timely sharing of updates regarding deenergization
line 14 events, including restoration efforts and any damage or other issues
line 15 affecting all areas. issues.
line 16 (3)
line 17 (d) During a deenergization event event, the electrical
line 18 corporation shall work jointly with local emergency management
line 19 agencies to establish identify restoration priorities. Priority shall
line 20 shall, where reasonable, be given to circuits that contain a high
line 21 number of critical facilities. facilities and infrastructure.
line 22 (c)
line 23 (e) Detailed status information on restoration efforts shall be
line 24 made available to emergency management organizations, public
line 25 safety officials, customers, and the public in real-time, public,
line 26 where feasible, with regular progress updates issued at intervals
line 27 of no more than 12 hours, for all impacted circuits. This
line 28 information shall include when the circuit is scheduled for
line 29 inspection, anticipated restoration date and time, and any adverse
line 30 findings discovered during the inspection process that may delay
line 31 the restoration process.
line 32 (d)
line 33 (f) (1) At the start In advance of a deenergization event, an
line 34 electrical corporation shall make a reasonable effort to publish
line 35 and make available real-time weather conditions observed within
line 36 the affected circuit being considered for deenergization. This
line 37 weather data shall be included within the notices provided pursuant
line 38 to subdivisions (b) and (c). (e). The data shall may include all of
line 39 the following information:
line 40 (A) The sustained wind speed in miles per hour (mph).
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line 1 (B) The maximum wind gust speed in miles per hour (mph).
line 2 (C) The measured percentage of relative humidity in the affected
line 3 area.
line 4 (D) The recorded temperature in degrees Fahrenheit (°F).
line 5 (2) Throughout the course of a deenergization event an electrical
line 6 corporation shall make reasonable efforts to publish and make
line 7 available data, including the real-time weather conditions observed
line 8 within the affected circuit pursuant to paragraph (1). This
line 9 information shall be updated on an hourly basis and used to
line 10 substantiate the ongoing need for continued deenergization.
line 11 (3) The data published pursuant to paragraphs (1) and (2) shall
line 12 be made publicly available on the electrical corporation’s internet
line 13 website, mobile applications, and other communication channels
line 14 and shall be accessible in real-time. real time.
line 15 (e)
line 16 (g) (1) Once hazardous weather conditions subside, the
line 17 electrical corporation shall prioritize the restoration of electricity
line 18 and begin efforts to reenergize lines without unnecessary delays.
line 19 delays when safe to do so. The electrical corporation shall ensure
line 20 that restoration is carried out as quickly and safely as possible,
line 21 taking into consideration the safety of the electrical corporation’s
line 22 crews and affected communities.
line 23 (2) The electrical corporation shall be responsible for the
line 24 continual monitoring and eventual restoration of circuits affected
line 25 by a deenergization event. Using real-time weather monitoring
line 26 technology, an electrical corporation shall be responsible for
line 27 initiating the inspection and restoration process as soon as the
line 28 observed weather conditions and safety considerations permit.
line 29 (3) The primary factor used to evaluate eligibility for
line 30 reenergization for circuits shall be real-time weather and the
line 31 inspection of the circuit by electrical corporation personnel.
line 32 (4)
line 33 (3) Inspection of circuits deenergized due to a deenergization
line 34 event shall commence within four hours of windspeeds falling
line 35 below 25 mph and wind gusts not exceeding 40 mph. as soon as
line 36 it is safe to do so.
line 37 (f)
line 38 (h) (1) Each electrical corporation shall annually submit a report
line 39 to the commission detailing its compliance with the transparency
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SB 559 — 5 —
line 1 and restoration requirements of this section. The report shall
line 2 include all of the following:
line 3 (A) The number of deenergization events activated in the
line 4 previous year.
line 5 (B) The timeliness and accuracy of weather data publishing.
line 6 published and observed during the deenergization event.
line 7 (C) The extent of communications with customers and public
line 8 safety agencies.
line 9 (D) The restoration timelines and any issues encountered during
line 10 the restoration process.
line 11 (2) The annual reports provided pursuant to paragraph (1) shall
line 12 be made publicly available by the commission and the electrical
line 13 corporation to ensure transparency for stakeholders and the public.
line 14 (g)
line 15 (i) The commission shall oversee each electrical corporation’s
line 16 compliance with this section to ensure that electrical corporations
line 17 are meeting its transparency, communication, and restoration
line 18 requirements. The commission shall assess whether an electrical
line 19 corporation is effectively implementing real-time weather
line 20 reporting, notifying public safety agencies, and providing timely
line 21 and accurate restoration information.
line 22 (h)
line 23 (j) If an electrical corporation fails to comply with any provision
line 24 of this section, including failure to publish required weather data,
line 25 notify public safety agencies, or meet communication standards,
line 26 the commission may impose financial penalties.
line 27 SEC. 2. No reimbursement is required by this act pursuant to
line 28 Section 6 of Article XIIIB of the California Constitution because
line 29 the only costs that may be incurred by a local agency or school
line 30 district will be incurred because this act creates a new crime or
line 31 infraction, eliminates a crime or infraction, or changes the penalty
line 32 for a crime or infraction, within the meaning of Section 17556 of
line 33 the Government Code, or changes the definition of a crime within
line 34 the meaning of Section 6 of Article XIII B of the California
line 35 Constitution.
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SENATE BILL No. 616
Introduced by Senators Rubio, Cortese, and Stern
(Principal coauthors: Senators Cervantes, Gonzalez, Hurtado,
Pérez, Reyes, Richardson, Smallwood-Cuevas, Umberg, and
Wiener)
(Coauthor: Senator Laird)
February 20, 2025
An act to add Section 8654.11 to, and to add Chapter 16.5
(commencing with Section 8899.80) to Division 1 of Title 2 of, the
Government Code, relating to state government.
legislative counsel’s digest
SB 616, as introduced, Rubio. Community Hardening Commission:
wildfire mitigation program.
(1) Existing law requires the Office of Emergency Services to enter
into a joint powers agreement, as specified, with the Department of
Forestry and Fire Protection to develop and administer a comprehensive
wildfire mitigation program, known as the California wildfire mitigation
financial assistance program, that, among other things, encourages
cost-effective structure hardening and retrofitting that creates
fire-resistant homes, businesses, and public buildings.
This bill would require the joint powers authority to revise the wildfire
mitigation program in accordance with prescribed community hardening
standards and guidelines developed pursuant to the bill’s provisions,
as specified below.
(2) Existing law establishes the Department of Insurance, headed by
the Insurance Commissioner, which regulates insurers and insurance
practices. Existing law generally regulates classes of insurance, including
fire insurance.
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This bill would establish the Community Hardening Commission as
an independent unit within the Department of Insurance, to be composed
of specified members, including, among others, the Insurance
Commissioner and the State Fire Marshal or Secretary of the Natural
Resources Agency, or their designee. The bill would require the
Insurance Commissioner to be the chair of the commission. The bill
would also require the commission to be advised by an advisory council
consisting of specified members, including, among others, a local
representative on behalf of a city or county, or association representing
cities and counties, and a local representative on behalf of fire chiefs,
as specified. By imposing additional duties on local representatives of
a city or county, this bill would impose a state-mandated local program.
This bill would also require the Insurance Commissioner, beginning
January 1, 2026, and at least quarterly thereafter, to convene the
commission to perform specified duties, including developing new
wildfire community hardening standards to reduce fire risk and improve
access to fire insurance. The bill would require the commission to make
certain recommendations to the Insurance Commissioner, the Office of
Emergency Services, and the Department of Forestry and Fire Protection
in accordance with specified standards. The bill would require the
commission to consult with specified stakeholders, including those from
public safety districts and the insurance industry, in performing the
duties described above.
The bill would require the commission, on or before July 1, 2027, to
complete the new standards described above and submit a report to the
Legislature on additional actions needed to support cities, counties, and
members of those communities in home hardening and wildfire
mitigation. The bill would also require the commission to periodically
review and update those standards, as specified. The bill would further
authorize the commission to take various other related actions, including
entering into confidential data sharing agreements and issuing
subpoenas.
This bill would also require the Department of Insurance, on or before
July 1, 2027, in consultation with the commission, to develop guidelines
for state and local agencies to aggregate and make available data related
to wildfire risk for purposes of a data sharing platform.
(3) Existing constitutional provisions require that a statute that limits
the right of access to the meetings of public bodies or the writings of
public officials and agencies be adopted with findings demonstrating
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the interest protected by the limitation and the need for protecting that
interest.
This bill would make legislative findings to that effect.
(4) 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 8654.11 is added to the Government
line 2 Code, to read:
line 3 8654.11. (a) The joint powers authority shall revise the wildfire
line 4 mitigation program in accordance with the community hardening
line 5 standards and home hardening guidelines developed pursuant to
line 6 subdivision (a) of Section 8899.82.
line 7 (b) Additional moneys to fund the wildfire mitigation program,
line 8 in accordance with subdivision (a) of Section 8899.82, shall be
line 9 subject to appropriation by the Legislature in the annual Budget
line 10 Act or another statute.
line 11 SEC. 2. Chapter 16.5 (commencing with Section 8899.80) is
line 12 added to Division 1 of Title 2 of the Government Code, to read:
line 13
line 14 Chapter 16.5. Community Hardening Commission
line 15
line 16 8899.80. (a) There is created in the state government the
line 17 Community Hardening Commission as an independent unit within
line 18 the Department of Insurance.
line 19 (b) The commission exists as a separate unit within the
line 20 Department of Insurance, and has the functions of prescribing
line 21 policy, holding meetings and setting dates of the meetings, and
line 22 holding hearings insofar as those powers are given by statute to
line 23 the commission.
line 24 (c) The decisions and actions of the commission, with respect
line 25 to exercising its authority and carrying out its duties under this
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SB 616 — 3 —
line 1 chapter or any other applicable law, are not subject to review by
line 2 the Insurance Commissioner, but are final within the limits
line 3 provided by this chapter.
line 4 8899.81. (a) The commission shall consist of the following
line 5 seven members:
line 6 (1) The Insurance Commissioner or their designee.
line 7 (2) The State Fire Marshal or Secretary of the Natural Resources
line 8 Agency, or their designee.
line 9 (3) The Director of Housing and Community Development or
line 10 their designee.
line 11 (4) The Director of Emergency Services or their designee.
line 12 (5) The Director of the Office of Energy Infrastructure Safety
line 13 or their designee.
line 14 (6) A member of the legislative body appointed by the Speaker
line 15 of the Assembly.
line 16 (7) A member of the legislative body appointed by the Senate
line 17 President pro Tempore.
line 18 (b) The Insurance Commissioner shall be the chair of the
line 19 commission.
line 20 (c) The commission shall be advised by an advisory council,
line 21 consisting of the following members:
line 22 (1) Three representatives from scientific research institutions
line 23 with expertise in wildfire science, as appointed by the Insurance
line 24 Commissioner.
line 25 (2) A representative on behalf of the insurance industry, as
line 26 appointed by the Insurance Commissioner.
line 27 (3) A representative on behalf of the Insurance Institute for
line 28 Business and Home Safety, as appointed by the Insurance
line 29 Commissioner.
line 30 (4) A representative on behalf of consumers and policyholders,
line 31 as appointed by the Insurance Commissioner.
line 32 (5) A local representative on behalf of a city or county, or
line 33 association representing cities or counties, as appointed by the
line 34 Insurance Commissioner.
line 35 (6) A representative on behalf of the business community, as
line 36 appointed by the Insurance Commissioner.
line 37 (7) A local representative on behalf of fire chiefs representing
line 38 cities or counties, as appointed by the Insurance Commissioner.
line 39 (8) A public member appointed by the Governor.
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— 4 — SB 616
line 1 8899.82. (a) Beginning January 1, 2026, and at least quarterly
line 2 thereafter, the Insurance Commissioner shall convene the
line 3 commission to perform all of the following duties:
line 4 (1) Develop new wildfire community hardening standards to
line 5 reduce fire risk and improve access to fire insurance that address
line 6 all of the following:
line 7 (A) Guidelines and best practices for home hardening. The
line 8 commission shall consult existing home hardening regulations
line 9 adopted by the Insurance Commissioner, the Department of
line 10 Forestry and Fire Protection (CAL FIRE), and the California
line 11 wildfire mitigation financial assistance program described in
line 12 Article 16.5 (commencing with Section 8654.2) of Chapter 7.
line 13 (B) Community wildfire mitigation for cities, counties, and
line 14 members of those communities, including, but not limited to, all
line 15 of the following:
line 16 (i) Infrastructure improvements for water and electrical supply
line 17 to support fire suppression efforts and disaster recovery.
line 18 (ii) Enhanced ingress and egress routes, mandating primary and
line 19 secondary access roads, along with mandated public safety vehicle
line 20 access.
line 21 (iii) Mandated funding mechanisms for defensible space
line 22 maintenance, fire breaks, and vegetation management.
line 23 (C) Means of reducing barriers for cities, counties, and members
line 24 of those communities in home hardening and wildfire mitigation.
line 25 (2) Review existing home hardening regulations adopted by the
line 26 Insurance Commissioner, CAL FIRE, and the California wildfire
line 27 mitigation financial assistance program described in Article 16.5
line 28 (commencing with Section 8654.2) of Chapter 7, and provide
line 29 recommendations to the Office of Emergency Services, CAL FIRE,
line 30 and the Insurance Commissioner for changes to their regulations
line 31 and programs to reduce fire risk and improve access to fire
line 32 insurance, including outlining the most cost-effective strategies
line 33 that will lower the risk for loss in a community in a useful manner
line 34 insurers are able to reflect in underwriting.
line 35 (3) Make recommendations to expedite proven and cost-effective
line 36 community hardening practices that reduce fire risk and improve
line 37 insurability, including recommendations for reducing barriers for
line 38 cities, counties, and members of those communities to invest in
line 39 effective home hardening and wildfire mitigation strategies.
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SB 616 — 5 —
line 1 (4) Make recommendations to increase the pace and scale of
line 2 forest health and landscape management projects with priority for
line 3 mitigation near vulnerable communities.
line 4 (5) Oversee and facilitate state and local agency participation
line 5 in a wildfire data sharing platform.
line 6 (b) The commission shall consult with stakeholders from public
line 7 safety districts, including fire and police protection districts, the
line 8 insurance industry, the building trades industry, planning
line 9 associations, utilities, and cities and counties in performing the
line 10 duties described in subdivision (a).
line 11 (c) The commission shall make recommendations to do both of
line 12 the following:
line 13 (1) Promote alignment of programs, inspections, and regulations
line 14 across state departments and agencies, including, but not limited
line 15 to, the Insurance Commissioner, the Office of Emergency Services,
line 16 and CAL FIRE in accordance with the standards developed in
line 17 paragraph (1) of subdivision (a).
line 18 (2) (A) Revise the home inspection program developed by CAL
line 19 FIRE to more directly align with the home hardening regulations
line 20 adopted by the Insurance Commissioner, CAL FIRE, and the
line 21 California wildfire mitigation financial assistance program
line 22 described in Article 16.5 (commencing with Section 8654.2) of
line 23 Chapter 7.
line 24 (B) CAL FIRE shall revise their program to align with these
line 25 recommendations.
line 26 (d) The recommendations specified in subdivision (c) shall
line 27 include both of the following:
line 28 (1) Proposed local and state funding mechanisms.
line 29 (2) Certification processes that property owners can use or
line 30 access to demonstrate to an insurer that a home hardening action
line 31 has been achieved to meet relevant home hardening regulations.
line 32 (e) (1) On or before July 1, 2027, the commission shall complete
line 33 the new standards outlined in paragraph (1) of subdivision (a) and
line 34 shall submit a report to the Legislature on additional actions needed
line 35 to support cities, counties, and members of those communities in
line 36 home hardening and wildfire mitigation described in paragraph
line 37 (3) of subdivision (a). The commission shall periodically review
line 38 and update the standards described in subdivision (a), incorporating
line 39 the best available science, and findings informed by the wildfire
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line 1 risk data sharing platform specified in paragraph (4) of subdivision
line 2 (a).
line 3 (2) A report to be submitted pursuant to this subdivision shall
line 4 be submitted in compliance with Section 9795.
line 5 (3) Pursuant to Section 10231.5, this subdivision becomes
line 6 inoperative on January 1, 2032.
line 7 (f) The commission shall identify specific catastrophe events,
line 8 and for those events, the commission shall complete an after-action
line 9 investigation and report. To prepare the report, the commission
line 10 shall assemble relevant and standardized postdisaster data, analyze
line 11 the effectiveness of the community hardening measures in place
line 12 in impacted communities, and issue recommendations to update
line 13 future wildfire community hardening standards developed by the
line 14 commission.
line 15 (1) The chair of the commission may enter into data sharing
line 16 agreements, including confidential data sharing agreements with
line 17 commission and advisory group members, as well as relevant
line 18 catastrophe modelers, actuaries, research organizations, federal
line 19 agencies, and state and local agencies as necessary, to assemble,
line 20 evaluate, and standardize the information needed for analysis.
line 21 (2) The after-action report shall include recommendations on
line 22 improved and standardized collection of future predisaster and
line 23 postdisaster data to inform comprehensive recommendations for
line 24 reducing the severity of future events.
line 25 (3) The after-action report shall include a review of the lessons
line 26 learned regarding the performance of mitigation strategies,
line 27 including, but not limited to, the standards developed in paragraph
line 28 (1) of subdivision (a), mitigation actions in existing regulations
line 29 by the Insurance Commissioner, and risk mitigation at landscape
line 30 scales, such as forest and watershed management.
line 31 (4) The commission may issue subpoenas for the production of
line 32 documentation or specific information to assemble relevant
line 33 postdisaster data where it applies to future home and community
line 34 standards aligned with paragraph (1) of subdivision (a).
line 35 8899.83. (a) On or before July 1, 2027, the Department of
line 36 Insurance, in consultation with the commission established pursuant
line 37 to Section 8899.80, shall develop guidelines for state and local
line 38 agencies to aggregate and make available data related to parcel-,
line 39 neighborhood-, and community-level wildfire risk for the purpose
line 40 of enabling a wildfire data sharing platform. The purpose of this
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SB 616 — 7 —
line 1 wildfire data sharing platform is to accurately measure, monitor,
line 2 and enable targeted mitigation of wildfire risk in wildland-urban
line 3 interface communities.
line 4 (b) In developing guidelines for participation in a wildfire data
line 5 sharing platform, the department shall consider all of the following:
line 6 (1) Data collection standards and data specifications.
line 7 (2) Data synthesis and aggregation standards that allow
line 8 progression of mitigation efforts to be tracked over time and
line 9 available for reporting at appropriate levels.
line 10 (3) Data access standards for state and local agencies and
line 11 homeowners.
line 12 (4) Verification measures to ensure data integrity.
line 13 (5) Consumer protection and appropriate equity and privacy
line 14 measures.
line 15 (6) Geographic and topographic diversity.
line 16 (c) (1) On or before July 1, 2027, and on or before January 1
line 17 thereafter through January 1, 2032, the commission shall report
line 18 to the Legislature its assessment of any statutory changes or
line 19 budgetary resources needed to facilitate the optimal participation
line 20 of state and local agencies in a wildfire data sharing platform.
line 21 (2) A report submitted pursuant to this subdivision shall be
line 22 submitted in compliance with Section 9795.
line 23 (d) The commission shall appoint from within its membership
line 24 a governing board to provide oversight of state and local agency
line 25 participation in a wildfire data sharing platform.
line 26 (e) This chapter does not prohibit a state or local agency from
line 27 participating in a public-private partnership to establish a wildfire
line 28 data sharing platform before the completion of guidelines
line 29 developed by the department.
line 30 (f) The department may enter into data sharing agreements with
line 31 participating insurers, modelers, actuaries, and state and local
line 32 agencies as necessary to enable a wildfire data sharing platform,
line 33 subject to the oversight of the commission.
line 34 (g) This chapter shall not be construed to require participation
line 35 of a person or entity in a wildfire data sharing platform. A person
line 36 or policyholder subject to the data collection efforts initiated under
line 37 the wildfire data sharing platform may opt out in writing by
line 38 notifying the department.
line 39 SEC. 3. The Legislature finds and declares that Section 2 of
line 40 this act, which adds Section 8899.82 to the Government Code,
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line 1 imposes a limitation on the public’s right of access to the meetings
line 2 of public bodies or the writings of public officials and agencies
line 3 within the meaning of Section 3 of Article I of the California
line 4 Constitution. Pursuant to that constitutional provision, the
line 5 Legislature makes the following findings to demonstrate the interest
line 6 protected by this limitation and the need for protecting that interest:
line 7 In order to protect the privacy of California residents while also
line 8 gathering useful data related to wildfire mitigation, it is necessary
line 9 to allow the Community Hardening Commission to enter into
line 10 confidential data sharing agreements for purposes of reviewing
line 11 information to help protect the public from wildfires.
line 12 SEC. 4. If the Commission on State Mandates determines that
line 13 this act contains costs mandated by the state, reimbursement to
line 14 local agencies and school districts for those costs shall be made
line 15 pursuant to Part 7 (commencing with Section 17500) of Division
line 16 4 of Title 2 of the Government Code.
O
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SB 616 — 9 —
AMENDED IN SENATE APRIL 7, 2025
SENATE BILL No. 707
Introduced by Senator Durazo
February 21, 2025
An act to amend Sections 54952, 54952.7, 54953, 54953.5, 54953.7,
54954.2, and 54954.3 54954.3, 54956, 54956.5, 54957.1, 54957.6,
54960, and 54960.2 of, to amend and repeal Section 54952.2 of, to add
Sections 54953.8, 54953.8.1, and 54953.8.2 to, and to add and repeal
Sections 54953.8.3, 54953.8.4, 54953.8.5, 54953.8.6, 54953.8.7, and
54953.9 of, the Government Code, relating to local government.
legislative counsel’s digest
SB 707, as amended, Durazo. Open meetings: meeting and
teleconference requirements.
(1) Existing law, the Ralph M. Brown Act, requires, with specified
exceptions, that all meetings of a legislative body, as defined, of a local
agency be open and public and that all persons be permitted to attend
and participate.
This bill would, until January 1, 2030, require a city council or a
county board of supervisors to comply with additional meeting
requirements, including that all open and public meetings include an
opportunity for members of the public to attend via a two-way 2-way
telephonic option service or a two-way 2-way audiovisual platform, as
defined, that a system is in place for requesting and receiving
interpretation services for public meetings, as specified, and that good
faith efforts are made to the city council or county board of supervisors
encourage residents to participate in public meetings, as specified. By
imposing additional meeting requirements on city councils and county
98
boards of supervisors, this bill would impose a state-mandated local
program.
(2)
(2) Existing law defines “legislative body” for these purposes to
mean, among other things, a commission, committee, board, or other
body of a local agency, whether permanent or temporary,
decisionmaking or advisory, created by charter, ordinance, resolution,
or formal action of a legislative body. Existing law specifies that
“legislative body” does not include advisory committees, composed
solely of the members of the legislative body that are less than a quorum
of the legislative body, except for specified standing committees of a
legislative bodies.
This bill would revise and recast the above-described definition of a
legislative body and would specify that bodies with certain subject
matter jurisdiction, including elections, and advisory committees with
a continuing subject matter jurisdiction or a fixed meeting schedule,
as specified, are legislative bodies.
Existing law prohibits a majority of the members of a legislative body,
outside a meeting authorized by the act, from using a series of
communications of any kind to discuss, deliberate, or take action on
any item of business that is within the subject matter jurisdiction of the
legislative body. Existing law defines “meetings” for these purposes
to mean any congregation of a majority of the members of a legislative
body at the same time and location, as specified, to hear, discuss,
deliberate, or take action on any item that is within the subject matter
jurisdiction of the legislative body. Until January 1, 2026, existing law
excepts from the prohibition a member engaging in separate
conversations or communications outside of a meeting with any other
person using an internet-based social media platform for specified
purposes, provided, among other things, that a majority of the members
do not use the internet-based social media platform to discuss among
themselves business of a specific nature that is within the subject matter
jurisdiction of the legislative body.
This bill would also include as a “meeting” any conversation between
members of a legislative body regarding, among other things, boundary
lines of the districts of the legislative body. The bill would make the
above-described exception related to communications on an
internet-based social media platform applicable indefinitely.
(3) Existing law requires a legislative body of a local agency or its
designee, at least 72 hours before a regular meeting, to post an agenda
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that meets specified requirements, including that the agenda contain a
brief general description of each item of business to be transacted or
discussed at the meeting, as specified.
This bill would also require the agenda to be provided in English and
in all other languages spoken jointly by 20% or more of the population
in the county in which the local agency is located that, among other
things, speaks English less than “very well,” as specified. By imposing
additional agenda requirements on legislative bodies of local agencies,
this bill would impose a state-mandated local program. specified, and
except as provided.
Existing law requires every agenda for regular meetings to provide
an opportunity for members of the public to directly address the
legislative body on any item of interest of the public, as specified.
Existing law specifies that the agenda is not required to provide an
opportunity for members of the public to address the legislative body
on any item that has already been considered by a committee, as
specified.
This bill would remove the provision related to an item that has
already been considered by a committee.
(3)
(4) Existing law authorizes a legislative body of a local agency to
require a copy of the act to be given to each member of the legislative
body and specified persons elected to serve as a member of the
legislative body, and authorizes an elected legislative body member to
require a copy to be given to each member of each legislative body all
or a majority of whose members are appointed by or under the authority
of the elected legislative body.
This bill would instead require a legislative body of a local agency
to provide a copy of the act to each member of the legislative body and
specified persons elected or appointed to serve as a member of the
legislative body, as described above.
Existing law authorizes legislative bodies of local agencies to impose
requirements upon themselves which allow greater access to their
meetings than prescribed by the minimal standards set forth in the act,
and authorizes an elected legislative body of a local agency to also
impose those requirements on those appointed legislative bodies of the
local agency of which all or a majority of the members are appointed
by or under the authority of the elected legislative body.
This bill would remove the above-described requirement that members
of an appointed legislative body of a local agency must be appointed
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SB 707 — 3 —
by or under the authority of the elected legislative body of a local agency
in order for the elected legislative body to impose the above-described
requirements on the appointed legislative body.
(5) Existing law requires the legislative body of any local agency to
publicly report any action taken in closed session and the vote or
abstention on that action of every member present pursuant to specified
requirements, including that action taken to appoint, employ, dismiss,
accept the resignation of, or otherwise affect the employment status of
a public employee in closed session held under specified provisions is
reported at the public meeting during that closed session and that the
report identifies the title of the position.
This bill would require any report subject to the above-described
requirement to also include an estimate of the fiscal impact of the action
taken.
Existing law authorizes a court in its discretion to order a legislative
body, upon a judgment of a violation of specified closed session
provisions, to audio record closed sessions and preserve the audio
recordings for the period and under specified terms the court deems
appropriate. Existing law authorizes a district attorney or any interested
person to file an action to determine the applicability of the act to past
actions of the legislative body pursuant to specified provisions relating
to violations of the act if specified conditions are met, including that
the district attorney or interested person first submits a cease and desist
letter to the clerk or secretary of the legislative body being accused of
the violation, as specified, within 9 months of the alleged violation.
This bill would expand the violations for specified closed sessions
described above to instead include a violation of any provision under
the act authorizing a closed session. The bill would instead require that
a cease and desist letter described above be submitted within 12 months
of the alleged violation.
(6) Existing law provides any person attending an open and public
meeting of a legislative body of a local agency with the right to record
the proceedings with an audio or visual recorder or a still or motion
picture camera, as specified.
This bill would remove the reference to an audio or visual recorder
or a still or motion picture camera for purposes of recording the
proceedings, as described above.
(7) Existing law authorizes the a legislative body of a local agency
to use teleconferencing, as specified, and requires a legislative body of
a local agency that elects to use teleconferencing to comply with
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— 4 — SB 707
specified general requirements, including that the local agency post
agendas at all teleconference locations, identify each teleconference
location in the notice and agenda of the meeting or proceeding, and
have each teleconference location be accessible to the public. Existing
law also requires that, during the teleconference, at least a quorum of
the members of the legislative body participate from locations within
the boundaries of the territory over which the local agency exercises
jurisdiction, except as specified.
Existing law authorizes members who are outside the jurisdiction of
a health authority, as defined, that conducts a teleconferencing meeting
to, notwithstanding the above-described general teleconference
provisions, count towards the establishment of a quorum when
participating in the teleconference if, among other things, at least 50
percent 50% of the number of members that would establish a quorum
are present within the boundaries of the territory over which the
authority exercises jurisdiction.
Existing law, law authorizes, in certain circumstances, the legislative
body of a local agency to use specified alternative teleconferencing
which include provisions related to, among others, notice of the means
by which members of the public may access the meeting and offer
public comment and identifying and including an opportunity for all
persons to attend via a call-in option or an internet-based service option.
Those circumstances in which the legislative body of a local agency is
authorized to use the alternative teleconferencing provisions include
specified circumstances relating to a state of emergency, as defined,
and, until January 1, 2026, subject to specified limitations, a member’s
need to participate remotely due to just cause or emergency
circumstances, as defined.
Existing law also authorizes certain eligible legislative bodies,
including neighborhood councils and student body associations and
student-run community college organizations to, until January 1, 2026,
use alternate teleconferencing if, among other requirements, the city
council or board of trustees, as applicable, has adopted an authorizing
resolution and 2⁄3 of the neighborhood city council or specified student
organization, as applicable, votes to use alternate teleconference
provisions, as specified.
This bill would revise and recast the above-specified alternative
teleconferencing provisions to uniformly apply certain noticing,
accessibility, and public commenting provisions. The bill would require
a legislative body of a local agency that elects to use teleconferencing
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SB 707 — 5 —
pursuant to these alternative teleconferencing provisions to comply with
specified requirements, including that the legislative body provides at
least either two-way 2-way audiovisual platform or two-way 2-way
telephonic service and a live webcasting of the meeting as a means by
which the public may, among other things, remotely hear and visually
observe the meeting, and that a member of the legislative body who
participates in a teleconference meeting from a remote location is listed
in the minutes of the meeting. The bill would require the local agency
to identify and make available to legislative bodies a list of meeting
locations that the legislative bodies may use to conduct their meetings.
The bill would instead authorize a health authority, as defined, to
conduct a teleconference meeting pursuant to the above-described
alternative teleconferencing provisions.
The bill would revise and recast the alternative teleconferencing
provisions applicable in a state of emergency, as defined. The bill would
also include a local emergency, as defined, as a circumstance in which
a legislative body of a local agency is authorized to use the alternative
teleconferencing provisions.
The bill would revise and recast the alternative teleconferencing
provisions applicable in cases of a member’s need to participate remotely
due to just cause or emergency circumstances, as defined, to remove
the provision applicable to emergency circumstances and to broaden
the definition of just cause to include a physical or family medical
emergency that prevents a member from attending in person. The bill
would extend the authorization to use the alternative teleconferencing
provision until January 1, 2030.
The bill would revise and recast the alternative teleconferencing
provisions applicable to neighborhood councils and student body
associations and student-run community college organizations and
would extend the authorization to use the alternative teleconferencing
provision until January 1, 2030.
The bill would, until January 1, 2030, also authorize specified
subsidiary bodies of local agencies to conduct a teleconference meeting
pursuant to the above-described alternative teleconferencing provisions,
provided that it complies with the requirements for alternative
teleconferencing described above and additional requirements, including
that the subsidiary body designates a primary physical meeting location
where members of the public may physically attend, observe, hear, and
participate in the meeting, as specified.
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The bill would, until January 1, 2030, also authorize specified
multijurisdictional bodies of local agencies to conduct a teleconference
meeting pursuant to the above-described alternative teleconferencing
provisions, provided that it complies with the requirements for
alternative teleconferencing described above and additional
requirements, including that the eligible multijurisdictional body has
adopted a resolution that authorizes the multijurisdictional body to use
teleconferencing at a regular meeting in open session.
(8) Existing law authorizes a special meeting to be called any time
by, among other persons, the presiding officer of the legislative body
of a local agency, by delivering specified written notices and posting
a notice on the local agency’s internet website, if the local agency has
one. Existing law requires specified legislative bodies to comply with
the internet website posting requirement. Existing law prohibits a
legislative body of a local agency from calling a special meeting
regarding the salaries, salary schedules, or compensation paid in the
form of fringe benefits of a local agency executive, as defined.
The bill would remove the requirement that only specified legislative
bodies comply with the internet website posting requirement, thereby
imposing that requirement on all legislative bodies.
The bill would also prohibit a legislative body of a local agency from
calling a special meeting regarding the evaluation of performance,
discipline, or dismissal of a local agency executive, or a member of the
legislative body. The bill would prohibit a legislative body from, among
other things, considering the appointment, employment, evaluation of
performance, discipline, or dismissal of a public employee, at a special
meeting, unless the item is properly before the legislative body, as
specified, and certain criteria are met, including that at least 4 /5 of
the legislative body vote at the start of the meeting to proceed with the
meeting.
(9) Existing law authorizes a legislative body of a local agency to
hold an emergency meeting without complying with specified notice
and posting requirements in the case of specified emergency
circumstances, as specified, and imposes various requirements under
these provisions applicable to either legislative bodies generally or
legislative bodies which are a school board.
This bill would remove the school board distinction from the
above-described provisions, thereby imposing the same requirements
to hold an emergency meeting on all legislative bodies of local agencies.
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SB 707 — 7 —
By imposing additional duties on legislative bodies of local agencies,
the bill would impose a state-mandated local program.
(4)
(10) Existing constitutional provisions require that a statute that limits
the right of access to the meetings of public bodies or the writings of
public officials and agencies be adopted with findings demonstrating
the interest protected by the limitation and the need for protecting that
interest.
This bill would make legislative findings to that effect.
(5)
(11) The California Constitution requires local agencies, for the
purpose of ensuring public access to the meetings of public bodies and
the writings of public officials and agencies, to comply with a statutory
enactment that amends or enacts laws relating to public records or open
meetings and contains findings demonstrating that the enactment furthers
the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
(6)
(12) 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.
(7)
(13) 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 54952 of the Government Code is
line 2 amended to read:
line 3 54952. As used in this chapter, “legislative body” means:
line 4 (a) The governing body of a local agency or any other local
line 5 body created by state or federal statute.
line 6 (b) A commission, committee, board, or other body of a local
line 7 agency, whether permanent or temporary, decisionmaking or
line 8 advisory, created by charter, ordinance, resolution, or formal action
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line 1 of a legislative body. However, advisory committees, composed
line 2 solely of the members of the legislative body that are less than a
line 3 quorum of the legislative body are not legislative bodies, except
line 4 that standing committees of a legislative body, irrespective of their
line 5 composition, which have a continuing subject matter jurisdiction,
line 6 or a meeting schedule fixed by charter, ordinance, resolution, or
line 7 formal action of a legislative body are legislative bodies for
line 8 purposes of this chapter.
line 9 (c) (1) A board, commission, committee, or other multimember
line 10 body that governs a private corporation, limited liability company,
line 11 or other entity that either:
line 12 (A) Is created by the elected legislative body in order to exercise
line 13 authority that may lawfully be delegated by the elected governing
line 14 body to a private corporation, limited liability company, or other
line 15 entity.
line 16 (B) Receives funds from a local agency and the membership of
line 17 whose governing body includes a member of the legislative body
line 18 of the local agency appointed to that governing body as a full
line 19 voting member by the legislative body of the local agency.
line 20 (2) Notwithstanding subparagraph (B) of paragraph (1), no
line 21 board, commission, committee, or other multimember body that
line 22 governs a private corporation, limited liability company, or other
line 23 entity that receives funds from a local agency and, as of February
line 24 9, 1996, has a member of the legislative body of the local agency
line 25 as a full voting member of the governing body of that private
line 26 corporation, limited liability company, or other entity shall be
line 27 relieved from the public meeting requirements of this chapter by
line 28 virtue of a change in status of the full voting member to a
line 29 nonvoting member.
line 30 (d) The lessee of any hospital the whole or part of which is first
line 31 leased pursuant to subdivision (p) of Section 32121 of the Health
line 32 and Safety Code after January 1, 1994, where the lessee exercises
line 33 any material authority of a legislative body of a local agency
line 34 delegated to it by that legislative body whether the lessee is
line 35 organized and operated by the local agency or by a delegated
line 36 authority.
line 37 (e) (1) An advisory or standing committee of a legislative body,
line 38 irrespective of its composition, which has a continuing subject
line 39 matter jurisdiction, or a meeting schedule fixed by charter,
line 40 ordinance, resolution, or formal action of a legislative body.
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SB 707 — 9 —
line 1 (2) However, advisory committees, composed solely of the
line 2 members of the legislative body that are less than a quorum of the
line 3 legislative body are not legislative bodies.
line 4 (3) Notwithstanding paragraph (2), any commission, committee,
line 5 board, or other body of a local agency, decisionmaking or
line 6 advisory, with subject matter jurisdiction over elections, budgets,
line 7 police oversight, or removing materials from, or restricting access
line 8 to, facilities of the legislative body that created it is a legislative
line 9 body.
line 10 SEC. 2. Section 54952.2 of the Government Code, as amended
line 11 by Section 1 of Chapter 89 of the Statutes of 2020, is amended to
line 12 read:
line 13 54952.2. (a) As used in this chapter, “meeting” means any
line 14 either of the following:
line 15 (1) Any congregation of a majority of the members of a
line 16 legislative body at the same time and location, including
line 17 teleconference location as permitted by Section 54953, to hear,
line 18 discuss, deliberate, or take action on any item that is within the
line 19 subject matter jurisdiction of the legislative body.
line 20 (2) Any conversation between members of the legislative body
line 21 regarding any of the following:
line 22 (A) Boundary lines of the districts of the legislative body.
line 23 (B) Compensation of members of the legislative body or a local
line 24 agency executive, as defined in subdivision (d) of Section 3511.1.
line 25 (C) The appointment, employment, evaluation of performance,
line 26 discipline, or dismissal of a public employee.
line 27 (b) (1) A majority of the members of a legislative body shall
line 28 not, outside a meeting authorized by this chapter, use a series of
line 29 communications of any kind, directly or through intermediaries,
line 30 to discuss, deliberate, or take action on any item of business that
line 31 is within the subject matter jurisdiction of the legislative body.
line 32 (2) Paragraph (1) shall not be construed as preventing an
line 33 employee or official of a local agency, from engaging in separate
line 34 conversations or communications outside of a meeting authorized
line 35 by this chapter with members of a legislative body in order to
line 36 answer questions or provide information regarding a matter that
line 37 is within the subject matter jurisdiction of the local agency, if that
line 38 person does not communicate to members of the legislative body
line 39 the comments or position of any other member or members of the
line 40 legislative body.
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line 1 (3) (A) Paragraph (1) shall not be construed as preventing a
line 2 member of the legislative body from engaging in separate
line 3 conversations or communications on an internet-based social media
line 4 platform to answer questions, provide information to the public,
line 5 or to solicit information from the public regarding a matter that is
line 6 within the subject matter jurisdiction of the legislative body
line 7 provided that a majority of the members of the legislative body
line 8 do not use the internet-based social media platform to discuss
line 9 among themselves business of a specific nature that is within the
line 10 subject matter jurisdiction of the legislative body. A member of
line 11 the legislative body shall not respond directly to any
line 12 communication on an internet-based social media platform
line 13 regarding a matter that is within the subject matter jurisdiction of
line 14 the legislative body that is made, posted, or shared by any other
line 15 member of the legislative body.
line 16 (B) For purposes of this paragraph, all of the following
line 17 definitions shall apply:
line 18 (i) “Discuss among themselves” means communications made,
line 19 posted, or shared on an internet-based social media platform
line 20 between members of a legislative body, including comments or
line 21 use of digital icons that express reactions to communications made
line 22 by other members of the legislative body.
line 23 (ii) “Internet-based social media platform” means an online
line 24 service that is open and accessible to the public.
line 25 (iii) “Open and accessible to the public” means that members
line 26 of the general public have the ability to access and participate, free
line 27 of charge, in the social media platform without the approval by
line 28 the social media platform or a person or entity other than the social
line 29 media platform, including any forum and chatroom, and cannot
line 30 be blocked from doing so, except when the internet-based social
line 31 media platform determines that an individual violated its protocols
line 32 or rules.
line 33 (c) Nothing in this section shall impose the requirements of this
line 34 chapter upon any of the following:
line 35 (1) Individual contacts or conversations between a member of
line 36 a legislative body and any other person that do not violate
line 37 subdivision (b).
line 38 (2) The attendance of a majority of the members of a legislative
line 39 body at a conference or similar gathering open to the public that
line 40 involves a discussion of issues of general interest to the public or
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SB 707 — 11 —
line 1 to public agencies of the type represented by the legislative body,
line 2 provided that a majority of the members do not discuss among
line 3 themselves, other than as part of the scheduled program, business
line 4 of a specified nature that is within the subject matter jurisdiction
line 5 of the local agency. Nothing in this paragraph is intended to allow
line 6 members of the public free admission to a conference or similar
line 7 gathering at which the organizers have required other participants
line 8 or registrants to pay fees or charges as a condition of attendance.
line 9 (3) The attendance of a majority of the members of a legislative
line 10 body at an open and publicized meeting organized to address a
line 11 topic of local community concern by a person or organization other
line 12 than the local agency, provided that a majority of the members do
line 13 not discuss among themselves, other than as part of the scheduled
line 14 program, business of a specific nature that is within the subject
line 15 matter jurisdiction of the legislative body of the local agency.
line 16 (4) The attendance of a majority of the members of a legislative
line 17 body at an open and noticed meeting of another body of the local
line 18 agency, or at an open and noticed meeting of a legislative body of
line 19 another local agency, provided that a majority of the members do
line 20 not discuss among themselves, other than as part of the scheduled
line 21 meeting, business of a specific nature that is within the subject
line 22 matter jurisdiction of the legislative body of the local agency.
line 23 (5) The attendance of a majority of the members of a legislative
line 24 body at a purely social or ceremonial occasion, provided that a
line 25 majority of the members do not discuss among themselves business
line 26 of a specific nature that is within the subject matter jurisdiction of
line 27 the legislative body of the local agency.
line 28 (6) The attendance of a majority of the members of a legislative
line 29 body at an open and noticed meeting of a standing committee of
line 30 that body, provided that the members of the legislative body who
line 31 are not members of the standing committee attend only as
line 32 observers.
line 33 (d) This section shall remain in effect only until January 1, 2026,
line 34 and as of that date is repealed.
line 35 SEC. 3. Section 54952.2 of the Government Code, as added
line 36 by Section 2 of Chapter 89 of the Statutes of 2020, is repealed.
line 37 54952.2. (a) As used in this chapter, “meeting” means any
line 38 congregation of a majority of the members of a legislative body
line 39 at the same time and location, including teleconference location
line 40 as permitted by Section 54953, to hear, discuss, deliberate, or take
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— 12 — SB 707
line 1 action on any item that is within the subject matter jurisdiction of
line 2 the legislative body.
line 3 (b) (1) A majority of the members of a legislative body shall
line 4 not, outside a meeting authorized by this chapter, use a series of
line 5 communications of any kind, directly or through intermediaries,
line 6 to discuss, deliberate, or take action on any item of business that
line 7 is within the subject matter jurisdiction of the legislative body.
line 8 (2) Paragraph (1) shall not be construed as preventing an
line 9 employee or official of a local agency, from engaging in separate
line 10 conversations or communications outside of a meeting authorized
line 11 by this chapter with members of a legislative body in order to
line 12 answer questions or provide information regarding a matter that
line 13 is within the subject matter jurisdiction of the local agency, if that
line 14 person does not communicate to members of the legislative body
line 15 the comments or position of any other member or members of the
line 16 legislative body.
line 17 (c) Nothing in this section shall impose the requirements of this
line 18 chapter upon any of the following:
line 19 (1) Individual contacts or conversations between a member of
line 20 a legislative body and any other person that do not violate
line 21 subdivision (b).
line 22 (2) The attendance of a majority of the members of a legislative
line 23 body at a conference or similar gathering open to the public that
line 24 involves a discussion of issues of general interest to the public or
line 25 to public agencies of the type represented by the legislative body,
line 26 provided that a majority of the members do not discuss among
line 27 themselves, other than as part of the scheduled program, business
line 28 of a specified nature that is within the subject matter jurisdiction
line 29 of the local agency. Nothing in this paragraph is intended to allow
line 30 members of the public free admission to a conference or similar
line 31 gathering at which the organizers have required other participants
line 32 or registrants to pay fees or charges as a condition of attendance.
line 33 (3) The attendance of a majority of the members of a legislative
line 34 body at an open and publicized meeting organized to address a
line 35 topic of local community concern by a person or organization other
line 36 than the local agency, provided that a majority of the members do
line 37 not discuss among themselves, other than as part of the scheduled
line 38 program, business of a specific nature that is within the subject
line 39 matter jurisdiction of the legislative body of the local agency.
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SB 707 — 13 —
line 1 (4) The attendance of a majority of the members of a legislative
line 2 body at an open and noticed meeting of another body of the local
line 3 agency, or at an open and noticed meeting of a legislative body of
line 4 another local agency, provided that a majority of the members do
line 5 not discuss among themselves, other than as part of the scheduled
line 6 meeting, business of a specific nature that is within the subject
line 7 matter jurisdiction of the legislative body of the local agency.
line 8 (5) The attendance of a majority of the members of a legislative
line 9 body at a purely social or ceremonial occasion, provided that a
line 10 majority of the members do not discuss among themselves business
line 11 of a specific nature that is within the subject matter jurisdiction of
line 12 the legislative body of the local agency.
line 13 (6) The attendance of a majority of the members of a legislative
line 14 body at an open and noticed meeting of a standing committee of
line 15 that body, provided that the members of the legislative body who
line 16 are not members of the standing committee attend only as
line 17 observers.
line 18 (d) This section shall become operative on January 1, 2026.
line 19 SEC. 4. Section 54952.7 of the Government Code is amended
line 20 to read:
line 21 54952.7. A legislative body of a local agency may require that
line 22 shall provide a copy of this chapter be given to each member of
line 23 the legislative body and any person elected or appointed to serve
line 24 as a member of the legislative body who has not assumed the duties
line 25 of office. An elected legislative body of a local agency may require
line 26 that a copy of this chapter be given to each member of each
line 27 legislative body all or a majority of whose members are appointed
line 28 by or under the authority of the elected legislative body.
line 29 SECTION 1.
line 30 SEC. 5. Section 54953 of the Government Code, as amended
line 31 by Section 2 of Chapter 534 of the Statutes of 2023, is amended
line 32 to read:
line 33 54953. (a) All meetings of the legislative body of a local
line 34 agency shall be open and public, and all persons shall be permitted
line 35 to attend any meeting of the legislative body of a local agency,
line 36 except as otherwise provided in this chapter.
line 37 (b) (1) Notwithstanding any other provision of law, the
line 38 legislative body of a local agency may use teleconferencing for
line 39 the benefit of the public and the legislative body of a local agency
line 40 in connection with any meeting or proceeding authorized by law.
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line 1 The teleconferenced meeting or proceeding shall comply with all
line 2 otherwise applicable requirements of this chapter and all otherwise
line 3 applicable provisions of law relating to a specific type of meeting
line 4 or proceeding.
line 5 (2) Teleconferencing, as authorized by this section, may be used
line 6 for all purposes in connection with any meeting within the subject
line 7 matter jurisdiction of the legislative body. If the legislative body
line 8 of a local agency elects to use teleconferencing, the legislative
line 9 body of a local agency shall comply with all of the following:
line 10 (A) All votes taken during a teleconferenced meeting shall be
line 11 by rollcall.
line 12 (B) The teleconferenced meetings shall be conducted in a
line 13 manner that protects the statutory and constitutional rights of the
line 14 parties or the public appearing before the legislative body of a
line 15 local agency.
line 16 (C) The legislative body shall give notice of the meeting and
line 17 post agendas as otherwise required by this chapter.
line 18 (D) The legislative body shall allow members of the public to
line 19 access the meeting and the agenda shall provide an opportunity
line 20 for members of the public to address the legislative body directly
line 21 pursuant to Section 54954.3.
line 22 (3) If the legislative body of a local agency elects to use
line 23 teleconferencing, it shall post agendas at all teleconference
line 24 locations. Each teleconference location shall be identified in the
line 25 notice and agenda of the meeting or proceeding, and each
line 26 teleconference location shall be accessible to the public. During
line 27 the teleconference, at least a quorum of the members of the
line 28 legislative body shall participate from locations within the
line 29 boundaries of the territory over which the local agency exercises
line 30 jurisdiction, except as provided in subdivisions (d) and (e).
line 31 (c) (1) No legislative body shall take action by secret ballot,
line 32 whether preliminary or final.
line 33 (2) The legislative body of a local agency shall publicly report
line 34 any action taken and the vote or abstention on that action of each
line 35 member present for the action.
line 36 (3) Prior to taking final action, the legislative body shall orally
line 37 report a summary of a recommendation for a final action on the
line 38 salaries, salary schedules, or compensation paid in the form of
line 39 fringe benefits of a local agency executive, as defined in
line 40 subdivision (d) of Section 3511.1, during the open meeting in
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line 1 which the final action is to be taken. This paragraph shall not affect
line 2 the public’s right under the California Public Records Act (Division
line 3 10 (commencing with Section 7920.000) of Title 1) to inspect or
line 4 copy records created or received in the process of developing the
line 5 recommendation.
line 6 (d) “Teleconference” means a meeting of a legislative body,
line 7 the members of which are in different locations, connected by
line 8 electronic means, through either audio or video, or both.
line 9 SEC. 6. Section 54953.5 of the Government Code is amended
line 10 to read:
line 11 54953.5. (a) Any person attending an open and public meeting
line 12 of a legislative body of a local agency shall have the right to record
line 13 the proceedings with an audio or video recorder or a still or motion
line 14 picture camera in the absence of a reasonable finding by the
line 15 legislative body of the local agency that the recording cannot
line 16 continue without noise, illumination, or obstruction of view that
line 17 constitutes, or would constitute, a persistent disruption of the
line 18 proceedings.
line 19 (b) Any audio or video recording of an open and public meeting
line 20 made for whatever purpose by or at the direction of the local
line 21 agency shall be subject to inspection pursuant to the California
line 22 Public Records Act (Division 10 (commencing with Section
line 23 7920.000) of Title 1), but, notwithstanding Section 34090, may
line 24 be erased or destroyed 30 days after the recording. Any inspection
line 25 of an audio or video recording shall be provided without charge
line 26 on equipment made available by the local agency.
line 27 SEC. 7. Section 54953.7 of the Government Code is amended
line 28 to read:
line 29 54953.7. Notwithstanding any other provision of law,
line 30 legislative bodies of local agencies may impose requirements upon
line 31 themselves which allow greater access to their meetings than
line 32 prescribed by the minimal standards set forth in this chapter. In
line 33 addition thereto, an elected legislative body of a local agency may
line 34 impose such those requirements on those appointed legislative
line 35 bodies of the local agency of which all or a majority of the
line 36 members are appointed by or under the authority of the elected
line 37 legislative body. agency.
line 38 SEC. 2.
line 39 SEC. 8. Section 54953.8 is added to the Government Code, to
line 40 read:
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line 1 54953.8. (a) The legislative body of a local agency may use
line 2 teleconferencing as authorized by subdivision (b) of Section 54953
line 3 without complying with the requirements of paragraph (3) of
line 4 subdivision (b) of Section 54953 in any of the circumstances
line 5 described in Sections 54953.8.1 to 54953.8.7, inclusive.
line 6 (b) A legislative body that holds a meeting pursuant to this
line 7 section shall comply with all of the following:
line 8 (1) The legislative body shall provide at least one of the
line 9 following as a means by which the public may remotely hear and
line 10 visually observe the meeting, and remotely address the legislative
line 11 body:
line 12 (A) A two-way audiovisual platform.
line 13 (B) A two-way telephonic service and a live webcasting of the
line 14 meeting.
line 15 (2) In each instance in which notice of the time of the
line 16 teleconferenced meeting is otherwise given or the agenda for the
line 17 meeting is otherwise posted, the legislative body shall also give
line 18 notice of the means by which members of the public may access
line 19 the meeting and offer public comment. The agenda shall identify
line 20 and include an opportunity for all persons to attend via a call-in
line 21 option or an internet-based service option.
line 22 (3) In the event of a disruption that prevents the legislative body
line 23 from broadcasting the meeting to members of the public using the
line 24 call-in option or internet-based service option, or in the event of
line 25 a disruption within the local agency’s control that prevents
line 26 members of the public from offering public comments using the
line 27 call-in option or internet-based service option, the legislative body
line 28 shall take no further action on items appearing on the meeting
line 29 agenda until public access to the meeting via the call-in option or
line 30 internet-based service option is restored. Actions taken on agenda
line 31 items during a disruption that prevents the legislative body from
line 32 broadcasting the meeting may be challenged pursuant to Section
line 33 54960.1.
line 34 (4) The legislative body shall not require public comments to
line 35 be submitted in advance of the meeting and must provide an
line 36 opportunity for the public to address the legislative body and offer
line 37 comment in real time.
line 38 (5) Notwithstanding Section 54953.3, an individual desiring to
line 39 provide public comment through the use of an internet website, or
line 40 other online platform, not under the control of the local legislative
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SB 707 — 17 —
line 1 body, that requires registration to log in to a teleconference may
line 2 be required to register as required by the third-party internet
line 3 website or online platform to participate.
line 4 (6) (A) A legislative body that provides a timed public comment
line 5 period for each agenda item shall not close the public comment
line 6 period for the agenda item, or the opportunity to register, pursuant
line 7 to paragraph (5), to provide public comment until that timed public
line 8 comment period has elapsed.
line 9 (B) A legislative body that does not provide a timed public
line 10 comment period, but takes public comment separately on each
line 11 agenda item, shall allow a reasonable amount of time per agenda
line 12 item to allow public members the opportunity to provide public
line 13 comment, including time for members of the public to register
line 14 pursuant to paragraph (5), or otherwise be recognized for the
line 15 purpose of providing public comment.
line 16 (C) A legislative body that provides a timed general public
line 17 comment period that does not correspond to a specific agenda item
line 18 shall not close the public comment period or the opportunity to
line 19 register, pursuant to paragraph (5), until the timed general public
line 20 comment period has elapsed.
line 21 (7) Any member of the legislative body who participates in a
line 22 teleconference meeting from a remote location shall be listed in
line 23 the minutes of the meeting.
line 24 (8) The legislative body shall have and implement a procedure
line 25 for receiving and swiftly resolving requests for reasonable
line 26 accommodation for individuals with disabilities, consistent with
line 27 the federal Americans with Disabilities Act of 1990 (42 U.S.C.
line 28 Sec. 12132), and resolving any doubt in favor of accessibility. In
line 29 each instance in which notice of the time of the meeting is
line 30 otherwise given or the agenda for the meeting is otherwise posted,
line 31 the legislative body shall also give notice of the procedure for
line 32 receiving and resolving requests for accommodation.
line 33 (9) The legislative body shall conduct meetings subject to this
line 34 chapter consistent with applicable civil rights and
line 35 nondiscrimination laws.
line 36 (10) Instructions on joining the meeting by the telephonic or
line 37 internet-based service option, including any requirements for
line 38 registration for public comment, shall be made available in English
line 39 and in all other languages spoken jointly by 20 percent or more of
line 40 the population in the county in which the local agency is located
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line 1 that speaks English less than “very well” and jointly speaks a
line 2 language other than English according to data from the most recent
line 3 American Community Survey or data from an equally reliable
line 4 source.
line 5 (11) If the meeting is outside regular business hours, the
line 6 legislative body shall make reasonable efforts to accommodate
line 7 any member of the public that requests an accommodation to
line 8 participate in the meeting, including, but not limited to, providing
line 9 access to a computer.
line 10 (c) A local agency shall identify and make available to
line 11 legislative bodies a list of meeting locations that the legislative
line 12 bodies may use to conduct their meetings.
line 13 (d) (1) Nothing in this section shall prohibit a legislative body
line 14 from providing the public with additional teleconference locations.
line 15 (2) Nothing in this section shall prohibit a legislative body from
line 16 providing the public with additional physical locations in which
line 17 the public may observe and address the legislative body by
line 18 electronic means
line 19 (e) For purposes of this section, the following definitions apply:
line 20 (1) “Remote location” means a location from which a member
line 21 of a legislative body participates in a meeting pursuant to paragraph
line 22 (7) of subdivision (b), other than any physical meeting location
line 23 designated in the notice of the meeting. Remote locations need not
line 24 be accessible to the public.
line 25 (2) “Remote participation” means participation in a meeting by
line 26 teleconference at a location other than any physical meeting
line 27 location designated in the notice of the meeting. Watching or
line 28 listening to a meeting via webcasting or another similar electronic
line 29 medium that does not permit members to interactively hear,
line 30 discuss, or deliberate on matters, does not constitute remote
line 31 participation.
line 32 (3) “Teleconference” means a meeting of a legislative body,
line 33 the members of which are in different locations, connected by
line 34 electronic means, through either audio or video, or both.
line 35 (4) “Two-way audiovisual platform” means an online platform
line 36 that provides participants with the ability to participate in a meeting
line 37 via both an interactive video conference and a two-way telephonic
line 38 function. service.
line 39 (5) “Two-way telephonic service” means a telephone service
line 40 that does not require internet access, is not provided as part of a
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SB 707 — 19 —
line 1 two-way audiovisual platform, access and allows participants to
line 2 dial a telephone number to listen and verbally participate.
line 3 (6) “Webcasting” means a streaming video broadcast online or
line 4 on television, using streaming media technology to distribute a
line 5 single content source to many simultaneous listeners and viewers.
line 6 SEC. 3.
line 7 SEC. 9. Section 54953.8.1 is added to the Government Code,
line 8 to read:
line 9 54953.8.1. (a) A health authority may conduct a teleconference
line 10 meeting pursuant to Section 54953.8, provided that it complies
line 11 with the requirements of that section.
line 12 (b) Nothing in this section or Section 54953.8 shall be construed
line 13 as discouraging health authority members from regularly meeting
line 14 at a common physical site within the jurisdiction of the authority
line 15 or from using teleconference locations within or near the
line 16 jurisdiction of the authority.
line 17 (c) For purposes of this section, a health authority means any
line 18 entity created pursuant to Sections 14018.7, 14087.31, 14087.35,
line 19 14087.36, 14087.38, and 14087.9605 of the Welfare and
line 20 Institutions Code, any joint powers authority created pursuant to
line 21 Article 1 (commencing with Section 6500) of Chapter 5 of Division
line 22 7 for the purpose of contracting pursuant to Section 14087.3 of
line 23 the Welfare and Institutions Code, and any advisory committee to
line 24 a county-sponsored health plan licensed pursuant to Chapter 2.2
line 25 (commencing with Section 1340) of Division 2 of the Health and
line 26 Safety Code if the advisory committee has 12 or more members.
line 27 SEC. 4.
line 28 SEC. 10. Section 54953.8.2 is added to the Government Code,
line 29 to read:
line 30 54953.8.2. (a) A legislative body of a local agency may
line 31 conduct a teleconference meeting pursuant to Section 54953.8
line 32 during a proclaimed state of emergency or local emergency,
line 33 provided that it complies with the requirements of that section and
line 34 the teleconferencing is used in either of the following
line 35 circumstances:
line 36 (1) For the purpose of determining, by majority vote, whether
line 37 as a result of the emergency, meeting in person would present
line 38 imminent risks to the health or safety of attendees.
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line 1 (2) After a determination described in paragraph (1) is made
line 2 that, as a result of the emergency, meeting in person would present
line 3 imminent risks to the health or safety of attendees.
line 4 (b) If the state of emergency or local emergency remains active,
line 5 in order to continue to teleconference pursuant to this section, the
line 6 legislative body shall, no later than 45 days after teleconferencing
line 7 for the first time pursuant to this section, and every 45 days
line 8 thereafter, make the following findings by majority vote:
line 9 (1) The legislative body has reconsidered the circumstances of
line 10 the state of emergency or local emergency.
line 11 (2) The state of emergency or local emergency continues to
line 12 directly impact the ability of the members to meet safely in person.
line 13 (c) This section shall not be construed to require the legislative
line 14 body to provide a physical location from which the public may
line 15 attend or comment.
line 16 (d)
line 17 (d) Notwithstanding paragraph (1) of subdivision (b) of Section
line 18 54953.8, a legislative body conducting a teleconference meeting
line 19 pursuant to this section may elect to use a two-way telephonic
line 20 service without a live webcasting of the meeting.
line 21 (e) For purposes of this section, the following definitions apply:
line 22 (1) “Local emergency” means a condition of extreme peril to
line 23 persons or property proclaimed by the governing body of the local
line 24 agency affected, in accordance with Section 8630 of the California
line 25 Emergency Services Act (Chapter 7 (commencing with Section
line 26 8550) of Division 1 of Title 2), as defined in Section 8680.9, or a
line 27 local health emergency declared pursuant to Section 101080 of
line 28 the Health and Safety Code. Local emergency, as used in this
line 29 section, refers only to local emergencies in the jurisdiction in which
line 30 the legislative body is located.
line 31 (2) “State of emergency” means state of emergency proclaimed
line 32 pursuant to Section 8625 of the California Emergency Services
line 33 Act (Chapter 7 (commencing with Section 8550) of Division 1 of
line 34 Title 2).
line 35 SEC. 5.
line 36 SEC. 11. Section 54953.8.3 is added to the Government Code,
line 37 to read:
line 38 54953.8.3. (a) (1) A legislative body of a local agency may
line 39 conduct a teleconference meeting pursuant to Section 54953.8 if,
line 40 during the teleconference meeting, at least a quorum of the
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SB 707 — 21 —
line 1 members of the legislative body participates in person from a
line 2 singular physical location clearly identified on the agenda, which
line 3 location shall be open to the public and situated within the
line 4 boundaries of the territory over which the local agency exercises
line 5 jurisdiction, provided that the legislative body complies with the
line 6 requirements of Section 54953.8 and all of the following additional
line 7 requirements:
line 8 (2) A member of the legislative body notifies the legislative
line 9 body at the earliest opportunity possible, including at the start of
line 10 a regular meeting, of their need to participate remotely for just
line 11 cause, including a general description of the circumstances relating
line 12 to their need to appear remotely at the given meeting. The
line 13 provisions of this clause shall not be used by any member of the
line 14 legislative body for more than two meetings per calendar year.
line 15 (3) The member shall publicly disclose at the meeting before
line 16 any action is taken, whether any other individuals 18 years of age
line 17 or older are present in the room at the remote location with the
line 18 member, and the general nature of the member’s relationship with
line 19 those individuals.
line 20 (4) The member shall participate through both audio and visual
line 21 technology.
line 22 (5) (A) The provisions of this subdivision shall not serve as a
line 23 means for any member of a legislative body to participate in
line 24 meetings of the legislative body solely by teleconference from a
line 25 remote location for more than the following number of meetings,
line 26 as applicable:
line 27 (i) Two meetings per year, if the legislative body regularly meets
line 28 once per month or less.
line 29 (ii) Five meetings per year, if the legislative body regularly
line 30 meets twice per month.
line 31 (iii) Seven meetings per year, if the legislative body regularly
line 32 meets three or more times per month.
line 33 (B) For the purpose of counting meetings attended by
line 34 teleconference under this paragraph, a “meeting” shall be defined
line 35 as any number of meetings of the legislative body of a local agency
line 36 that begin on the same calendar day.
line 37 (b) For purposes of this section, “just cause” means any of the
line 38 following:
line 39 (1) Childcare or caregiving need of a child, parent, grandparent,
line 40 grandchild, sibling, spouse, or domestic partner that requires them
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line 1 to participate remotely. “Child,” “parent,” “grandparent,”
line 2 “grandchild,” and “sibling” have the same meaning as those terms
line 3 do in Section 12945.2.
line 4 (2) A contagious illness that prevents a member from attending
line 5 in person.
line 6 (3) A need related to a physical or mental disability, as defined
line 7 in Sections 12926 and 12926.1, not otherwise accommodated by
line 8 any reasonable accommodations provided.
line 9 (4) Travel while on official business of the legislative body or
line 10 another state or local agency.
line 11 (5) An immunocompromised child, parent, grandparent,
line 12 grandchild, sibling, spouse, or domestic partner of the member
line 13 that requires the member to participate remotely.
line 14 (6) A physical or family medical emergency that prevents a
line 15 member from attending in person.
line 16 (c) This section shall not be construed to limit the ability of a
line 17 legislative body to use alternative teleconferencing provisions.
line 18 (d) This section shall remain in effect only until January 1, 2030,
line 19 and as of that date is repealed.
line 20 SEC. 6.
line 21 SEC. 12. Section 54953.8.4 is added to the Government Code,
line 22 to read:
line 23 54953.8.4. (a) An eligible neighborhood council may conduct
line 24 a teleconference meeting pursuant to Section 54953.8, provided
line 25 that it complies with the requirements of that section and all of the
line 26 following have occurred:
line 27 (1) (A) The city council for a city described in paragraph (2)
line 28 of subdivision (b) considers whether to adopt a resolution to
line 29 authorize eligible neighborhood councils to use teleconferencing
line 30 as described in this section at an open and regular meeting.
line 31 (B) If the city council adopts a resolution described in
line 32 subparagraph (A), an eligible neighborhood council may elect to
line 33 use teleconferencing pursuant to this section if a majority of the
line 34 eligible neighborhood council votes to do so. The eligible
line 35 neighborhood council shall notify the city council if it elects to
line 36 use teleconferencing pursuant to this section and its justification
line 37 for doing so.
line 38 (C) Upon receiving notification from an eligible neighborhood
line 39 council described in subparagraph (B), the city council may adopt
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SB 707 — 23 —
line 1 a resolution to prohibit the eligible neighborhood council from
line 2 using teleconferencing pursuant to this section.
line 3 (2) After completing the requirements of subparagraph (A) of
line 4 paragraph (1), an eligible neighborhood council that holds a
line 5 meeting pursuant to this subdivision shall do all of the following:
line 6 (A) At least a quorum of the members of the eligible
line 7 neighborhood council shall participate from locations within the
line 8 boundaries of the city in which the eligible neighborhood council
line 9 is established.
line 10 (B) At least once per year, at least a quorum of the members of
line 11 the eligible neighborhood council shall participate in person from
line 12 a singular physical location that is open to the public and within
line 13 the boundaries of the eligible neighborhood council.
line 14 (3) If the meeting is during regular business hours of the offices
line 15 of the city council member that represents the area that includes
line 16 the eligible neighborhood council, the eligible neighborhood
line 17 council shall provide a publicly accessible physical location from
line 18 which the public may attend or comment, which shall be the offices
line 19 of the city council member who represents the area where the
line 20 eligible neighborhood council is located, unless the eligible
line 21 neighborhood council identifies an alternative location.
line 22 (b) For purposes of this section, the following definitions apply:
line 23 (1) “Accommodation” means providing a publicly accessible
line 24 physical location for the member of the public to participate from,
line 25 providing access to technology necessary to participate in the
line 26 meeting, or identifying locations or resources available that could
line 27 provide the member of the public with an opportunity to participate
line 28 in the meeting.
line 29 (2) “Eligible neighborhood council” means a neighborhood
line 30 council that is an advisory body with the purpose to promote more
line 31 citizen participation in government and make government more
line 32 responsive to local needs that is established pursuant to the charter
line 33 of a city with a population of more than 3,000,000 people that is
line 34 subject to this chapter.
line 35 (c) This section shall remain in effect only until January 1, 2030,
line 36 and as of that date is repealed.
line 37 SEC. 7.
line 38 SEC. 13. Section 54953.8.5 is added to the Government Code,
line 39 to read:
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line 1 54953.8.5. (a) An eligible community college student
line 2 organization may conduct a teleconference meeting pursuant to
line 3 the Section 54953.8, provided that it complies with the
line 4 requirements of that section and all of the following additional
line 5 requirements:
line 6 (1) An eligible community college student organization may
line 7 only use teleconferencing as described in Section 54953.8 after
line 8 all the following have occurred:
line 9 (A) The board of trustees for a community college district
line 10 considers whether to adopt a resolution to authorize eligible
line 11 community college student organizations to use teleconferencing
line 12 as described in this section at an open and regular meeting.
line 13 (B) If the board of trustees for a community college district
line 14 adopts a resolution described in subparagraph (A), an eligible
line 15 community college student organization may elect to use
line 16 teleconferencing pursuant to this section if a majority of the eligible
line 17 community college student organization votes to do so. The eligible
line 18 community college student organization shall notify the board of
line 19 trustees if it elects to use teleconferencing pursuant to this section
line 20 and its justification for doing so.
line 21 (C) Upon receiving notification from an eligible community
line 22 college student organization as described in subparagraph (B), the
line 23 board of trustees may adopt a resolution to prohibit the eligible
line 24 community college student organization from using
line 25 teleconferencing pursuant to this section.
line 26 (D) (i) At least a quorum of the members of the eligible
line 27 community college student organization shall participate from a
line 28 singular physical location that is accessible to the public and is
line 29 within the community college district in which the eligible
line 30 community college student organization is established.
line 31 (ii) Notwithstanding the requirements of clause (i), a person
line 32 may count toward the establishment of a quorum pursuant to clause
line 33 (i) regardless of whether the person is participating at the in-person
line 34 location of the meeting or remotely if the person meets any of the
line 35 following criteria:
line 36 (I) The person has a disability that requires accommodation
line 37 pursuant to the Americans with Disabilities Act of 1990 (42 U.S.C.
line 38 Sec. 12132).
line 39 (II) The person is under 18 years of age.
line 40 (III) The person is incarcerated.
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SB 707 — 25 —
line 1 (IV) The person is unable to disclose the location that they are
line 2 participating from because of either of the following circumstances:
line 3 (ia) The person has been issued a protective court order,
line 4 including, but not limited to, a domestic violence restraining order.
line 5 (ib) The person is participating in a program that has to remain
line 6 confidential, including, but not limited to, an independent living
line 7 program.
line 8 (V) The person provides childcare or caregiving to a child,
line 9 parent, grandparent, grandchild, sibling, spouse, or domestic partner
line 10 that requires them to participate remotely. For purposes of this
line 11 subclause, “child,” “parent,” “grandparent,” “grandchild,” and
line 12 “sibling” have the same meaning as those terms are defined in
line 13 Section 12945.2.
line 14 (2) An eligible community college student organization that
line 15 holds a meeting by teleconference as described in Section 54953.8
line 16 shall do the following, as applicable:
line 17 (A) If the meeting is during regular business hours of the offices
line 18 of the board of trustees of the community college district, the
line 19 eligible community college student organization shall provide a
line 20 publicly accessible physical location from which the public may
line 21 attend or comment, which shall be the offices of the board of
line 22 trustees of the community college district, unless the eligible
line 23 community college student organization identifies an alternative
line 24 location.
line 25 (B) If the meeting is outside regular business hours, the eligible
line 26 community college student organization shall make reasonable
line 27 efforts to accommodate any member of the public that requests an
line 28 accommodation to participate in the meeting. For the purposes of
line 29 this subparagraph, “accommodation” means providing a publicly
line 30 accessible physical location for the member of the public to
line 31 participate from, providing access to technology necessary to
line 32 participate in the meeting, or identifying locations or resources
line 33 available that could provide the member of the public with an
line 34 opportunity to participate in the meeting.
line 35 (b) For purposes of this section, “eligible community college
line 36 student organization” means a student body association organized
line 37 pursuant to Section 76060 of the Education Code, or any other
line 38 student-run community college organization that is required to
line 39 comply with the meeting requirements of this chapter.
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line 1 (c) This section shall remain in effect only until January 1, 2030,
line 2 and as of that date is repealed.
line 3 SEC. 8.
line 4 SEC. 14. Section 54953.8.6 is added to the Government Code,
line 5 to read:
line 6 54953.8.6. (a) An eligible subsidiary body may conduct a
line 7 teleconference meeting pursuant to Section 54953.8, provided that
line 8 it complies with the requirements of that section and all of the
line 9 following additional requirements:
line 10 (1) The eligible subsidiary body shall designate a primary
line 11 physical meeting location where members of the public may
line 12 physically attend, observe, hear, and participate in the meeting.
line 13 At least one staff member of the local agency of the subsidiary
line 14 body shall be present at the primary physical meeting location
line 15 during the meeting. The local agency of the subsidiary body shall
line 16 post the agenda at the primary physical meeting location, but need
line 17 not post the agenda at a remote location.
line 18 (2) (A) The members of the eligible subsidiary body shall
line 19 visibly appear on camera during the open portion of a meeting that
line 20 is publicly accessible via the internet or other online platform.
line 21 (B) The visual appearance of a member of the eligible subsidiary
line 22 body on camera may cease only when the appearance would be
line 23 technologically impracticable, including, but not limited to, when
line 24 the member experiences a lack of reliable broadband or internet
line 25 connectivity that would be remedied by joining without video, or
line 26 when the visual display of meeting materials, information, or
line 27 speakers on the internet or other online platform requires the visual
line 28 appearance of a member of a subsidiary body on camera to cease.
line 29 (C) If a member of the eligible subsidiary body does not appear
line 30 on camera due to challenges with internet connectivity, the member
line 31 shall announce the reason for their nonappearance when they turn
line 32 off their camera.
line 33 (3) Any member who receives compensation for their service
line 34 on the subsidiary body shall not participate in a teleconference
line 35 meeting from a remote location pursuant to this section. receive
line 36 compensation if they participate in a teleconference meeting from
line 37 a remote location pursuant to this section. For purposes of this
line 38 paragraph, “compensation” does not include reimbursement for
line 39 actual and necessary expenses.
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line 1 (4) A quorum of the eligible subsidiary body cannot be
line 2 established solely by members of the legislative body that created
line 3 it or its staff.
line 4 (5) (A) At least a quorum of the members of the eligible
line 5 subsidiary body shall participate from a singular physical location
line 6 that is accessible to the public and is within the jurisdiction in
line 7 which the eligible subsidiary body is established.
line 8 (B) Notwithstanding the requirements of subparagraph (A), a
line 9 person may count toward the establishment of a quorum pursuant
line 10 to subparagraph (A) regardless of whether the person is
line 11 participating at the in-person location of the meeting or remotely
line 12 if the person meets any either of the following criteria: criteria is
line 13 met:
line 14 (i)
line 15 (i) The person meets any of the following criteria:
line 16 (I) The person has a disability that requires accommodation
line 17 pursuant to the Americans with Disabilities Act of 1990 (42 U.S.C.
line 18 Sec. 12132).
line 19 (ii)
line 20 (II) The person is under 18 years of age.
line 21 (iii)
line 22 (III) The person is incarcerated.
line 23 (iv)
line 24 (IV) The person is unable to disclose the location that they are
line 25 participating from because of either of the following circumstances:
line 26 (I)
line 27 (ia) The person has been issued a protective court order,
line 28 including, but not limited to, a domestic violence restraining order.
line 29 (II)
line 30 (ib) The person is participating in a program that has to remain
line 31 confidential, including, but not limited to, an independent living
line 32 program.
line 33 (v)
line 34 (V) The person provides childcare or caregiving to a child,
line 35 parent, grandparent, grandchild, sibling, spouse, or domestic partner
line 36 that requires them to participate remotely. For purposes of this
line 37 clause, “child,” “parent,” “grandparent,” “grandchild,” and
line 38 “sibling” have the same meaning as those terms are defined in
line 39 Section 12945.2.
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line 1 (ii) The local agency that created the subsidiary body has
line 2 determined by a majority vote of the legislative body to include
line 3 one or more of the following criteria for persons to count toward
line 4 the establishment of a quorum as described in this subparagraph,
line 5 and the person meets any of the applicable criteria:
line 6 (I) The person has an immunocompromised child, parent,
line 7 grandparent, grandchild, sibling, spouse, or domestic partner with
line 8 whom the person has regular contact with that requires the person
line 9 to participate remotely.
line 10 (II) The person provides a doctor’s note before the
line 11 commencement of the meeting documenting that the person has a
line 12 contagious illness and that the person is recommended to avoid
line 13 in-person contact with other individuals.
line 14 (III) The person is coming to the meeting from an area where
line 15 the local agency that created the subsidiary body has notified the
line 16 subsidiary body before the commencement of the meeting that
line 17 inclement weather events have compelled the local agency to issue
line 18 a local advisory, including, but not limited to, tire chain control,
line 19 flood danger, or risk of landslide, and that the local agency does
line 20 not recommend travel to an in-person meeting unless any members
line 21 of the legislative body can identify an alternative route that allows
line 22 them to attend the meeting in person.
line 23 (IV) The person plans to commute to the meeting via public
line 24 transportation and the local agency has notified the subsidiary
line 25 body of an unforeseen closure or failure of public transportation
line 26 that may prevent members of the subsidiary body from attending
line 27 the meeting in person.
line 28 (6) The eligible subsidiary body shall submit its
line 29 recommendations in writing to the legislative body that created it.
line 30 (A) The eligible subsidiary body shall present its
line 31 recommendations to the legislative body that created it at a regular
line 32 meeting in open session of that legislative body.
line 33 (B) The legislative body shall hold the discussion of the
line 34 recommendations at its next regular meeting, unless it determines
line 35 it is infeasible, and then shall hold it at the following regular
line 36 meeting.
line 37 (C) The legislative body shall not place discussions of the
line 38 recommendations on a consent calendar.
line 39 (7) (A) In order to use teleconferencing pursuant to this section,
line 40 the legislative body that established the eligible subsidiary body
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line 1 by charter, ordinance, resolution, or other formal action shall make
line 2 the following findings by majority vote before the eligible
line 3 subsidiary body uses teleconferencing pursuant to this section for
line 4 the first time, and every 12 months thereafter:
line 5 (i) The legislative body has considered the circumstances of the
line 6 eligible subsidiary body.
line 7 (ii) Teleconference meetings of the eligible subsidiary body
line 8 would enhance public access to meetings of the eligible subsidiary
line 9 body.
line 10 (iii) Teleconference meetings of the eligible subsidiary body
line 11 would promote the attraction, retention, and diversity of eligible
line 12 subsidiary body members.
line 13 (B) After the legislative body makes the findings described in
line 14 subparagraph (A), the eligible subsidiary body shall approve the
line 15 use of teleconferencing by majority vote before using
line 16 teleconference pursuant to this section.
line 17 (C) The legislative body that created the eligible subsidiary
line 18 body may elect to prohibit the eligible subsidiary body from using
line 19 teleconferencing pursuant this section at any time.
line 20 (b) For purposes of this section, “eligible subsidiary body”
line 21 means a legislative body that meets all of the following:
line 22 (1) Is described in subdivision (b) of Section 54952.
line 23 (2) Serves exclusively in an advisory capacity.
line 24 (3) Is not authorized to take final action on legislation,
line 25 regulations, contracts, licenses, permits, or any other entitlements,
line 26 grants, or allocations of funds.
line 27 (4) One-half of the members or more of the eligible subsidiary
line 28 body are not members of the legislative body that created it or its
line 29 staff.
line 30 (5) Does not have subject matter jurisdiction over elections,
line 31 budgets, police oversight, or removing materials from, or restricting
line 32 access to, facilities of the legislative body that created it.
line 33 (c) This section shall remain in effect only until January 1, 2030,
line 34 and as of that date is repealed.
line 35 SEC. 9.
line 36 SEC. 15. Section 54953.8.7 is added to the Government Code,
line 37 to read:
line 38 54953.8.7. (a) An eligible multijurisdictional body may
line 39 conduct a teleconference meeting pursuant to Section 54953.8,
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line 1 provided that it complies with the requirements of that section and
line 2 all of the following additional requirements:
line 3 (1) The eligible multijurisdictional body has adopted a resolution
line 4 that authorizes the eligible multijurisdictional body to use
line 5 teleconferencing pursuant to this section at a regular meeting in
line 6 open session.
line 7 (2) At least a quorum of the members of the eligible
line 8 multijurisdictional body shall participate from one or more physical
line 9 locations that are open to the public and within the boundaries of
line 10 the territory over which the local agency exercises jurisdiction.
line 11 (3) A member of the eligible multijurisdictional body who
line 12 receives compensation for their service on the eligible
line 13 multijurisdictional body shall participate from a physical location
line 14 that is open to the public. For purposes of this paragraph,
line 15 “compensation” does not include reimbursement for actual and
line 16 necessary expenses.
line 17 (4) The eligible multijurisdictional body shall identify each
line 18 member of the eligible multijurisdictional body who plans to
line 19 participate remotely in the agenda.
line 20 (5) A member of the eligible multijurisdictional body shall not
line 21 participate in a meeting remotely pursuant to this section, unless
line 22 the location from which the member participates is more than 20
line 23 miles round trip from the in-person location of the meeting.
line 24 (b) For the purposes of this section, both of the following
line 25 definitions apply:
line 26 (1) “Eligible multijurisdictional body” means a board,
line 27 commission, or advisory body of a multijurisdictional, cross-county
line 28 agency, the membership of which board, commission, or advisory
line 29 body is appointed, and the board, commission, or advisory body
line 30 is otherwise subject to this chapter.
line 31 (2) “Multijurisdictional” means a legislative body that includes
line 32 representatives from more than one county, city, city and county,
line 33 special district, or a joint powers entity formed pursuant to an
line 34 agreement entered into in accordance with Article 1 (commencing
line 35 with Section 6500) of Chapter 5 of Division 7 of Title 1.
line 36 (c) This section shall remain in effect only until January 1, 2030,
line 37 and as of that date is repealed.
line 38 SEC. 10.
line 39 SEC. 16. Section 54953.9 is added to the Government Code,
line 40 to read:
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SB 707 — 31 —
line 1 54953.9. (a) In addition to any other applicable requirements
line 2 of this chapter, a city council or a county board of supervisors shall
line 3 comply with the following requirements:
line 4 (1) (A) All open and public meetings shall include an
line 5 opportunity for members of the public to attend via a two-way
line 6 telephonic option service or a two-way audiovisual platform.
line 7 (B) If a city council or a county board of supervisors elects to
line 8 provide a two-way audiovisual platform, the city council or a
line 9 county board of supervisors shall publicly post and provide a call-in
line 10 option, and activate any automatic captioning function during the
line 11 meeting if an automatic captioning function is included with the
line 12 system.
line 13 (2) If a city council or county board of supervisors has provided
line 14 video streaming for at least one open and public meeting on or
line 15 before January 1, 2026, the city council or county board of
line 16 supervisors shall continue to provide video streaming consistent
line 17 with the previously provided video streaming.
line 18 (3)
line 19 (2) All open and public meetings shall provide the public with
line 20 an opportunity to comment on proposed legislation agenda items
line 21 via a two-way telephonic or two-way audiovisual platform, and
line 22 ensure the opportunity for the members of the public participating
line 23 via a two-way telephonic or two-way audiovisual platform to
line 24 comment on agenda items with the same time allotment as a person
line 25 attending a meeting in person.
line 26 (b) (1) A city council or a county board of supervisors described
line 27 in subdivision (a) shall have in place a system for requesting and
line 28 receiving interpretation services for public meetings, including the
line 29 public comment period. The city council or a county board of
line 30 supervisors shall publicize the online system described in this
line 31 paragraph and any instructions on how to request certified
line 32 interpretation services for public meetings online.
line 33 (2) If interpretation services are requested for a public meeting
line 34 and public comment period, the city council or a county board of
line 35 supervisors shall make reasonable efforts to accommodate any
line 36 member of the public that requests the interpretation services.
line 37 (c) A city council or a county board of supervisors described in
line 38 subdivision (a) shall make a good faith effort to shall encourage
line 39 residents, including those in underrepresented communities and
line 40 non-English-speaking communities, to participate in public
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line 1 meetings, which shall include, meetings by, at a minimum, doing
line 2 all of the following:
line 3 (1) Making a good faith effort to provide Providing public
line 4 meeting information to all of the following:
line 5 (A) Media organizations that provide news coverage in the
line 6 jurisdiction of the city council or a county board of supervisors,
line 7 including media organizations that serve non-English-speaking
line 8 communities.
line 9 (B) Good government, civil rights, civic engagement,
line 10 neighborhood, and community group organizations, or other
line 11 organizations that are active in the jurisdiction of the city council
line 12 or a county board of supervisors, including organizations active
line 13 in non-English-speaking communities.
line 14 (C) Any person that has requested to be notified concerning the
line 15 city council’s or a county board of supervisors’ public meetings.
line 16 The city council or a county board of supervisors shall maintain
line 17 a contact list for all people requesting notification and provide
line 18 them with regular updates regarding public meetings, including,
line 19 at minimum, notices of upcoming public meetings.
line 20 (2) Creating and maintaining an accessible internet webpage
line 21 dedicated to public meetings, in which a prominent link on the
line 22 webpage is included on the homepage of the city council’s or a
line 23 county board of supervisors’ internet website, and that includes,
line 24 or provides a link to, all of the following information:
line 25 (A) A general explanation of the public meeting process for the
line 26 city council or a county board of supervisors that is provided in
line 27 English and any other applicable languages.
line 28 (B) An explanation of the procedures for a member of the public
line 29 to provide in-person or remote oral public comment during a public
line 30 meeting or to submit written public comment that is provided in
line 31 English and any other applicable languages.
line 32 (C) A calendar of all public meeting dates with calendar listings
line 33 that include the date, time, and location of each public meeting.
line 34 (D) A notice of the applicable languages in which the city
line 35 council or a county board of supervisors will provide live
line 36 translation of a public meeting upon request and instructions for
line 37 making the request that is provided in English and any other
line 38 applicable languages.
line 39 (E) Instructions and a method for a person to sign up to receive
line 40 regular notices regarding public meetings, including notices of
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line 1 public meetings that are provided in English and any other
line 2 applicable languages.
line 3 (F) A notice and agenda for each public meeting.
line 4 (G) Any available recordings of each public meeting, to the
line 5 extent applicable.
line 6 (d) For purposes of this section, the following definitions apply:
line 7 (1) “Applicable language” means languages spoken jointly by
line 8 20 percent or more of the population in the county in which the
line 9 city council or a county board of supervisors is located that speaks
line 10 English less than “very well” and jointly speaks a language other
line 11 than English according to data from the most recent American
line 12 Community Survey or data from an equally reliable source.
line 13 (2) “Two-way audiovisual platform” means an online platform
line 14 that provides participants with the ability to participate in a meeting
line 15 via both an interactive video conference and a two-way telephonic
line 16 function. service.
line 17 (3) “Two-way telephonic service” means a telephone service
line 18 that does not require internet access, is not provided as part of a
line 19 two-way audiovisual platform, access and allows participants to
line 20 dial a telephone number to listen and verbally participate.
line 21 (4) “Video streaming” means media in which the data from a
line 22 live filming or a video file is continuously delivered via the internet
line 23 to a remote user, allowing a video to be viewed online by the public
line 24 without being downloaded on a host computer or device.
line 25 (e) This section shall remain in effect only until January 1, 2030,
line 26 and as of that date is repealed.
line 27 SEC. 11.
line 28 SEC. 17. Section 54954.2 of the Government Code, as amended
line 29 by Section 92 of Chapter 131 of the Statutes of 2023, is amended
line 30 to read:
line 31 54954.2. (a) (1) At least 72 hours before a regular meeting,
line 32 the legislative body of the local agency, or its designee, shall post
line 33 an agenda that meets all of the following requirements:
line 34 (A) The agenda shall contain a brief general description of each
line 35 item of business to be transacted or discussed at the meeting,
line 36 including items to be discussed in closed session. A brief general
line 37 description of an item generally need not exceed 20 words.
line 38 (B) The agenda shall specify the time and location of the regular
line 39 meeting and shall be posted in a location that is freely accessible
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line 1 to members of the public and on the local agency’s internet website,
line 2 if the local agency has one.
line 3 (C) (i) If requested, the agenda shall be made available in
line 4 appropriate alternative formats to persons with a disability, as
line 5 required by Section 202 of the Americans with Disabilities Act of
line 6 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations
line 7 adopted in implementation thereof.
line 8 (ii) The agenda shall include information regarding how, to
line 9 whom, and when a request for disability-related modification or
line 10 accommodation, including auxiliary aids or services, may be made
line 11 by a person with a disability who requires a modification or
line 12 accommodation in order to participate in the public meeting.
line 13 (D) (i) The agenda shall be provided in English and in all other
line 14 languages spoken jointly by 20 percent or more of the population
line 15 in the county in which the local agency is located that speaks
line 16 English less than “very well” and jointly speaks a language other
line 17 than English according to data from the most recent American
line 18 Community Survey or data from an equally reliable source.
line 19 (ii) A legislative body may use a digital translation service to
line 20 translate its agenda for purposes of clause (i).
line 21 (ii) (I) A legislative body shall be exempt from the requirements
line 22 described in clause (i) if the legislative body, pursuant to a majority
line 23 vote of its legislative body at a regular meeting, adopts a resolution
line 24 declaring its determination that a hardship exists that prevents
line 25 the legislative body from translating the agenda into any languages
line 26 other than English.
line 27 (II) A resolution adopted pursuant to this clause shall include
line 28 detailed findings, based upon evidence set forth in the minutes of
line 29 the meeting, supporting the legislative body’s determination that
line 30 a hardship prevents it from translating the agenda into any
line 31 languages other than English. The findings may include, but shall
line 32 not be limited to, significantly limited financial resources or
line 33 insufficient staff resources.
line 34 (III) A resolution adopted pursuant to this clause shall be valid
line 35 for one year. A legislative body shall, in order to continue to be
line 36 exempt from the requirements described in clause (i), annually
line 37 adopt a resolution that meets the requirements of this clause so
line 38 long as the hardship exists.
line 39 (2) For a meeting occurring on and after January 1, 2019, of a
line 40 legislative body of a city, county, city and county, special district,
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SB 707 — 35 —
line 1 school district, or political subdivision established by the state that
line 2 has an internet website, the following provisions shall apply:
line 3 (A) An online posting of an agenda shall be posted on the
line 4 primary internet website home page of a city, county, city and
line 5 county, special district, school district, or political subdivision
line 6 established by the state that is accessible through a prominent,
line 7 direct link to the current agenda. The direct link to the agenda shall
line 8 not be in a contextual menu; however, a link in addition to the
line 9 direct link to the agenda may be accessible through a contextual
line 10 menu.
line 11 (B) An online posting of an agenda, including, but not limited
line 12 to, an agenda posted in an integrated agenda management platform,
line 13 shall be posted in an open format that meets all of the following
line 14 requirements:
line 15 (i) Retrievable, downloadable, indexable, and electronically
line 16 searchable by commonly used internet search applications.
line 17 (ii) Platform independent and machine readable.
line 18 (iii) Available to the public free of charge and without any
line 19 restriction that would impede the reuse or redistribution of the
line 20 agenda.
line 21 (C) A legislative body of a city, county, city and county, special
line 22 district, school district, or political subdivision established by the
line 23 state that has an internet website and an integrated agenda
line 24 management platform shall not be required to comply with
line 25 subparagraph (A) if all of the following are met:
line 26 (i) A direct link to the integrated agenda management platform
line 27 shall be posted on the primary internet website home page of a
line 28 city, county, city and county, special district, school district, or
line 29 political subdivision established by the state. The direct link to the
line 30 integrated agenda management platform shall not be in a contextual
line 31 menu. When a person clicks on the direct link to the integrated
line 32 agenda management platform, the direct link shall take the person
line 33 directly to an internet website with the agendas of the legislative
line 34 body of a city, county, city and county, special district, school
line 35 district, or political subdivision established by the state.
line 36 (ii) The integrated agenda management platform may contain
line 37 the prior agendas of a legislative body of a city, county, city and
line 38 county, special district, school district, or political subdivision
line 39 established by the state for all meetings occurring on or after
line 40 January 1, 2019.
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line 1 (iii) The current agenda of the legislative body of a city, county,
line 2 city and county, special district, school district, or political
line 3 subdivision established by the state shall be the first agenda
line 4 available at the top of the integrated agenda management platform.
line 5 (iv) All agendas posted in the integrated agenda management
line 6 platform shall comply with the requirements in clauses (i), (ii),
line 7 and (iii) of subparagraph (B).
line 8 (D) For the purposes of this paragraph, both of the following
line 9 definitions shall apply:
line 10 (i) “Integrated agenda management platform” means an internet
line 11 website of a city, county, city and county, special district, school
line 12 district, or political subdivision established by the state dedicated
line 13 to providing the entirety of the agenda information for the
line 14 legislative body of the city, county, city and county, special district,
line 15 school district, or political subdivision established by the state to
line 16 the public.
line 17 (ii) “Legislative body” has the same meaning as that term is
line 18 used in subdivision (a) of Section 54952.
line 19 (E) The provisions of this paragraph shall not apply to a political
line 20 subdivision of a local agency that was established by the legislative
line 21 body of the city, county, city and county, special district, school
line 22 district, or political subdivision established by the state.
line 23 (3) No action or discussion shall be undertaken on any item not
line 24 appearing on the posted agenda, except that members of a
line 25 legislative body or its staff may briefly respond to statements made
line 26 or questions posed by persons exercising their public testimony
line 27 rights under Section 54954.3. In addition, on their own initiative
line 28 or in response to questions posed by the public, a member of a
line 29 legislative body or its staff may ask a question for clarification,
line 30 make a brief announcement, or make a brief report on their own
line 31 activities. Furthermore, a member of a legislative body, or the
line 32 body itself, subject to rules or procedures of the legislative body,
line 33 may provide a reference to staff or other resources for factual
line 34 information, request staff to report back to the body at a subsequent
line 35 meeting concerning any matter, or take action to direct staff to
line 36 place a matter of business on a future agenda.
line 37 (b) Notwithstanding subdivision (a), the legislative body may
line 38 take action on items of business not appearing on the posted agenda
line 39 under any of the conditions stated below. Prior to discussing any
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line 1 item pursuant to this subdivision, the legislative body shall publicly
line 2 identify the item.
line 3 (1) Upon a determination by a majority vote of the legislative
line 4 body that an emergency situation exists, as defined in Section
line 5 54956.5.
line 6 (2) Upon a determination by a two-thirds vote of the members
line 7 of the legislative body present at the meeting, or, if less than
line 8 two-thirds of the members are present, a unanimous vote of those
line 9 members present, that there is a need to take immediate action and
line 10 that the need for action came to the attention of the local agency
line 11 subsequent to the agenda being posted as specified in subdivision
line 12 (a).
line 13 (3) The item was posted pursuant to subdivision (a) for a prior
line 14 meeting of the legislative body occurring not more than five
line 15 calendar days prior to the date action is taken on the item, and at
line 16 the prior meeting the item was continued to the meeting at which
line 17 action is being taken.
line 18 (c) This section is necessary to implement and reasonably within
line 19 the scope of paragraph (1) of subdivision (b) of Section 3 of Article
line 20 I of the California Constitution.
line 21 (d) For purposes of subdivision (a), the requirement that the
line 22 agenda be posted on the local agency’s internet website, if the
line 23 local agency has one, shall only apply to a legislative body that
line 24 meets either of the following standards:
line 25 (1) A legislative body as that term is defined by subdivision (a)
line 26 of Section 54952.
line 27 (2) A legislative body as that term is defined by subdivision (b)
line 28 of Section 54952, if the members of the legislative body are
line 29 compensated for their appearance, and if one or more of the
line 30 members of the legislative body are also members of a legislative
line 31 body as that term is defined by subdivision (a) of Section 54952.
line 32 SEC. 12.
line 33 SEC. 18. Section 54954.3 of the Government Code is amended
line 34 to read:
line 35 54954.3. (a) (1) Every agenda for regular meetings shall
line 36 provide an opportunity for members of the public to directly
line 37 address the legislative body on any item of interest to the public,
line 38 before or during the legislative body’s consideration of the item,
line 39 that is within the subject matter jurisdiction of the legislative body,
line 40 provided that no action shall be taken on any item not appearing
98
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line 1 on the agenda unless the action is otherwise authorized by
line 2 subdivision (b) of Section 54954.2
line 3 (2) Every notice for a special meeting shall provide an
line 4 opportunity for members of the public to directly address the
line 5 legislative body concerning any item that has been described in
line 6 the notice for the meeting before or during consideration of that
line 7 item.
line 8 (b) (1) The legislative body of a local agency may adopt
line 9 reasonable regulations to ensure that the intent of subdivision (a)
line 10 is carried out, including, but not limited to, regulations limiting
line 11 the total amount of time allocated for public testimony on particular
line 12 issues and for each individual speaker.
line 13 (2) Notwithstanding paragraph (1), when the legislative body
line 14 of a local agency limits time for public comment, the legislative
line 15 body of a local agency shall provide at least twice the allotted time
line 16 to a member of the public who utilizes a translator to ensure that
line 17 non-English speakers receive the same opportunity to directly
line 18 address the legislative body of a local agency.
line 19 (3) Paragraph (2) shall not apply if the legislative body of a
line 20 local agency utilizes simultaneous translation equipment in a
line 21 manner that allows the legislative body of a local agency to hear
line 22 the translated public testimony simultaneously.
line 23 (c) The legislative body of a local agency shall not prohibit
line 24 public criticism of the policies, procedures, programs, or services
line 25 of the agency, or of the acts or omissions of the legislative body.
line 26 Nothing in this subdivision shall confer any privilege or protection
line 27 for expression beyond that otherwise provided by law.
line 28 SEC. 19. Section 54956 of the Government Code is amended
line 29 to read:
line 30 54956. (a) A special meeting may be called at any time by the
line 31 presiding officer of the legislative body of a local agency, or by a
line 32 majority of the members of the legislative body, by delivering
line 33 written notice to each member of the legislative body and to each
line 34 local newspaper of general circulation and radio or television
line 35 station requesting notice in writing and posting a notice on the
line 36 local agency’s Internet Web site, internet website, if the local
line 37 agency has one. The notice shall be delivered personally or by any
line 38 other means and shall be received at least 24 hours before the time
line 39 of the meeting as specified in the notice. The call and notice shall
line 40 specify the time and place of the special meeting and the business
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SB 707 — 39 —
line 1 to be transacted or discussed. No other business shall be considered
line 2 at these meetings by the legislative body. The written notice may
line 3 be dispensed with as to any member who at or prior to the time
line 4 the meeting convenes files with the clerk or secretary of the
line 5 legislative body a written waiver of notice. The waiver may be
line 6 given by telegram. The written notice may also be dispensed with
line 7 as to any member who is actually present at the meeting at the
line 8 time it convenes.
line 9 The call and notice shall be posted at least 24 hours prior to the
line 10 special meeting in a location that is freely accessible to members
line 11 of the public.
line 12 (b) Notwithstanding any other law, a legislative body shall not
line 13 call a special meeting regarding the salaries, salary schedules, or
line 14 compensation paid in the form of fringe benefits, evaluation of
line 15 performance, discipline, or dismissal of the members of the
line 16 legislative body or of a local agency executive, as defined in
line 17 subdivision (d) of Section 3511.1. However, this subdivision does
line 18 not apply to a local agency calling a special meeting to discuss the
line 19 local agency’s budget.
line 20 (c) For purposes of subdivision (a), the requirement that the
line 21 agenda be posted on the local agency’s Internet Web site, if the
line 22 local agency has one, shall only apply to a legislative body that
line 23 meets either of the following standards:
line 24 (1) A legislative body as that term is defined by subdivision (a)
line 25 of Section 54952.
line 26 (2) A legislative body as that term is defined by subdivision (b)
line 27 of Section 54952, if the members of the legislative body are
line 28 compensated for their appearance, and if one or more of the
line 29 members of the legislative body are also members of a legislative
line 30 body as that term is defined by subdivision (a) of Section 54952.
line 31 (c) A legislative body shall not consider the appointment,
line 32 employment, evaluation of performance, discipline, or dismissal
line 33 of a public employee or hear complaints or charges brought
line 34 against the employee by another person or employee at a special
line 35 meeting, unless the item is properly before the legislative body, as
line 36 specified in Section 54954.2, and both of the following are met:
line 37 (1) At the start of the meeting, at least four-fifths of the
line 38 legislative body votes to proceed with the meeting.
line 39 (2) Any discussion related to the topics described in this
line 40 subdivision is held during open session.
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line 1 SEC. 20. Section 54956.5 of the Government Code is amended
line 2 to read:
line 3 54956.5. (a) For purposes of this section, “emergency
line 4 situation” means both of the following:
line 5 (1) An emergency, which shall be defined as a work stoppage,
line 6 crippling activity, or other activity that severely impairs public
line 7 health, safety, or both, as determined by a majority of the members
line 8 of the legislative body.
line 9 (2) A dire emergency, which shall be defined as a crippling
line 10 disaster, mass destruction, terrorist act, or threatened terrorist
line 11 activity that poses peril so immediate and significant that requiring
line 12 a legislative body to provide one-hour notice before holding an
line 13 emergency meeting under this section may endanger the public
line 14 health, safety, or both, as determined by a majority of the members
line 15 of the legislative body.
line 16 (b) (1) Subject to paragraph (2), in the case of an emergency
line 17 situation involving matters upon which prompt action is necessary
line 18 due to the disruption or threatened disruption of public facilities,
line 19 a legislative body may hold an emergency meeting without
line 20 complying with either the 24-hour notice requirement or the
line 21 24-hour posting requirement of Section 54956 or both of the notice
line 22 and posting requirements.
line 23 (2) Each local newspaper of general circulation and radio or
line 24 television station that has requested notice of special meetings
line 25 pursuant to Section 54956 shall be notified by the presiding officer
line 26 of the legislative body, or designee thereof, one hour prior to the
line 27 emergency meeting, or, in the case of a dire emergency, at or near
line 28 the time that the presiding officer or designee notifies the members
line 29 of the legislative body of the emergency meeting.
line 30 (A) Except as provided in subparagraph (B), the notice required
line 31 by this paragraph shall be given by telephone and all telephone
line 32 numbers provided in the most recent request of a newspaper or
line 33 station for notification of special meetings shall be exhausted. In
line 34 the event that telephone services are not functioning and the
line 35 legislative body is not a school board, functioning, the notice
line 36 requirements of this paragraph shall be deemed waived, and the
line 37 legislative body, or designee of the legislative body, shall notify
line 38 those newspapers, radio stations, or television stations of the fact
line 39 of the holding of the emergency meeting, the purpose of the
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SB 707 — 41 —
line 1 meeting, and any action taken at the meeting as soon after the
line 2 meeting as possible.
line 3 (B) For an emergency meeting held by a school board pursuant
line 4 to this section, the presiding officer of the school board, legislative
line 5 body, or designee thereof, may send the notifications required by
line 6 this paragraph by email instead of by telephone, as provided in
line 7 subparagraph (A), to all local newspapers of general circulation,
line 8 and radio or television stations, that have requested those
line 9 notifications by email, and all email addresses provided by
line 10 representatives of those newspapers or stations shall be exhausted.
line 11 In the event that internet services and telephone services are not
line 12 functioning, the notice requirements of this paragraph shall be
line 13 deemed waived, and the school board, legislative body, or designee
line 14 of the school board, legislative body, shall notify those newspapers,
line 15 radio stations, or television stations of the fact of the holding of
line 16 the emergency meeting, the purpose of the meeting, and any action
line 17 taken at the meeting as soon after the meeting as possible.
line 18 (c) During a meeting held pursuant to this section, the legislative
line 19 body may meet in closed session pursuant to Section 54957 if
line 20 agreed to by a two-thirds vote of the members of the legislative
line 21 body present, or, if less than two-thirds of the members are present,
line 22 by a unanimous vote of the members present.
line 23 (d) All special meeting requirements, as prescribed in Section
line 24 54956 shall be applicable to a meeting called pursuant to this
line 25 section, with the exception of the 24-hour notice requirement.
line 26 (e) The minutes of a meeting called pursuant to this section, a
line 27 list of persons who the presiding officer of the legislative body,
line 28 or designee of the legislative body, notified or attempted to notify,
line 29 a copy of the rollcall vote, and any actions taken at the meeting
line 30 shall be posted for a minimum of 10 days in a public place as soon
line 31 after the meeting as possible.
line 32 SEC. 21. Section 54957.1 of the Government Code is amended
line 33 to read:
line 34 54957.1. (a) The legislative body of any local agency shall
line 35 publicly report any action taken in closed session and the vote or
line 36 abstention on that action of every member present, as follows:
line 37 (1) Approval of an agreement concluding real estate negotiations
line 38 pursuant to Section 54956.8 shall be reported after the agreement
line 39 is final, as follows:
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line 1 (A) If its own approval renders the agreement final, the body
line 2 shall report that approval and the substance of the agreement in
line 3 open session at the public meeting during which the closed session
line 4 is held.
line 5 (B) If final approval rests with the other party to the negotiations,
line 6 the local agency shall disclose the fact of that approval and the
line 7 substance of the agreement upon inquiry by any person, as soon
line 8 as the other party or its agent has informed the local agency of its
line 9 approval.
line 10 (2) Approval given to its legal counsel to defend, or seek or
line 11 refrain from seeking appellate review or relief, or to enter as an
line 12 amicus curiae in any form of litigation as the result of a
line 13 consultation under Section 54956.9 shall be reported in open
line 14 session at the public meeting during which the closed session is
line 15 held. The report shall identify, if known, the adverse party or
line 16 parties and the substance of the litigation. In the case of approval
line 17 given to initiate or intervene in an action, the announcement need
line 18 not identify the action, the defendants, or other particulars, but
line 19 shall specify that the direction to initiate or intervene in an action
line 20 has been given and that the action, the defendants, and the other
line 21 particulars shall, once formally commenced, be disclosed to any
line 22 person upon inquiry, unless to do so would jeopardize the agency’s
line 23 ability to effectuate service of process on one or more unserved
line 24 parties, or that to do so would jeopardize its ability to conclude
line 25 existing settlement negotiations to its advantage.
line 26 (3) Approval given to its legal counsel of a settlement of pending
line 27 litigation, as defined in Section 54956.9, at any stage prior to or
line 28 during a judicial or quasi-judicial proceeding shall be reported
line 29 after the settlement is final, as follows:
line 30 (A) If the legislative body accepts a settlement offer signed by
line 31 the opposing party, the body shall report its acceptance and identify
line 32 the substance of the agreement in open session at the public
line 33 meeting during which the closed session is held.
line 34 (B) If final approval rests with some other party to the litigation
line 35 or with the court, then as soon as the settlement becomes final,
line 36 and upon inquiry by any person, the local agency shall disclose
line 37 the fact of that approval, and identify the substance of the
line 38 agreement.
line 39 (4) Disposition reached as to claims discussed in closed session
line 40 pursuant to Section 54956.95 shall be reported as soon as reached
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SB 707 — 43 —
line 1 in a manner that identifies the name of the claimant, the name of
line 2 the local agency claimed against, the substance of the claim, and
line 3 any monetary amount approved for payment and agreed upon by
line 4 the claimant.
line 5 (5) Action taken to appoint, employ, dismiss, accept the
line 6 resignation of, or otherwise affect the employment status of a
line 7 public employee in closed session pursuant to Section 54957 shall
line 8 be reported at the public meeting during which the closed session
line 9 is held. Any report required by this paragraph shall identify the
line 10 title of the position. position and an estimate of the fiscal impact
line 11 of the action taken. The general requirement of this paragraph
line 12 notwithstanding, the report of a dismissal or of the nonrenewal of
line 13 an employment contract shall be deferred until the first public
line 14 meeting following the exhaustion of administrative remedies, if
line 15 any.
line 16 (6) Approval of an agreement concluding labor negotiations
line 17 with represented employees pursuant to Section 54957.6 shall be
line 18 reported after the agreement is final and has been accepted or
line 19 ratified by the other party. The report shall identify the item
line 20 approved and the other party or parties to the negotiation.
line 21 (7) Pension fund investment transaction decisions made pursuant
line 22 to Section 54956.81 shall be disclosed at the first open meeting of
line 23 the legislative body held after the earlier of the close of the
line 24 investment transaction or the transfer of pension fund assets for
line 25 the investment transaction.
line 26 (b) Reports that are required to be made pursuant to this section
line 27 may be made orally or in writing. The legislative body shall provide
line 28 to any person who has submitted a written request to the legislative
line 29 body within 24 hours of the posting of the agenda, or to any person
line 30 who has made a standing request for all documentation as part of
line 31 a request for notice of meetings pursuant to Section 54954.1 or
line 32 54956, if the requester is present at the time the closed session
line 33 ends, copies of any contracts, settlement agreements, or other
line 34 documents that were finally approved or adopted in the closed
line 35 session. If the action taken results in one or more substantive
line 36 amendments to the related documents requiring retyping, the
line 37 documents need not be released until the retyping is completed
line 38 during normal business hours, provided that the presiding officer
line 39 of the legislative body or his or her their designee orally
line 40 summarizes the substance of the amendments for the benefit of
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line 1 the document requester or any other person present and requesting
line 2 the information.
line 3 (c) The documentation referred to in subdivision (b) shall be
line 4 available to any person on the next business day following the
line 5 meeting in which the action referred to is taken or, in the case of
line 6 substantial amendments, when any necessary retyping is complete.
line 7 (d) Nothing in this section shall be construed to require that the
line 8 legislative body approve actions not otherwise subject to legislative
line 9 body approval.
line 10 (e) No action for injury to a reputational, liberty, or other
line 11 personal interest may be commenced by or on behalf of any
line 12 employee or former employee with respect to whom a disclosure
line 13 is made by a legislative body in an effort to comply with this
line 14 section.
line 15 (f) This section is necessary to implement, and reasonably within
line 16 the scope of, paragraph (1) of subdivision (b) of Section 3 of
line 17 Article I of the California Constitution.
line 18 SEC. 22. Section 54957.6 of the Government Code is amended
line 19 to read:
line 20 54957.6. (a) Notwithstanding any other provision of law, a
line 21 legislative body of a local agency may hold closed sessions with
line 22 the local agency’s designated representatives regarding the salaries,
line 23 salary schedules, or compensation paid in the form of fringe
line 24 benefits of its represented and unrepresented employees, and, for
line 25 represented employees, any other matter within the statutorily
line 26 provided scope of representation. However, prior representation,
line 27 subject to all of the following conditions:
line 28 (1) Prior to the closed session, the legislative body of the local
line 29 agency shall hold an open and public session in which it identifies
line 30 its designated representatives.
line 31 Closed sessions of a legislative body of a local agency, as
line 32 permitted in this section,
line 33 (2) The closed session shall be for the purpose of reviewing its
line 34 position and instructing the local agency’s designated
line 35 representatives.
line 36 Closed sessions, as permitted in this section
line 37 (3) The closed session may take place prior to and during
line 38 consultations and discussions with representatives of employee
line 39 organizations and unrepresented employees.
line 40 Closed sessions
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SB 707 — 45 —
line 1 (4) Any closed session with the local agency’s designated
line 2 representative regarding the salaries, salary schedules, or
line 3 compensation paid in the form of fringe benefits may include
line 4 discussion of an agency’s available funds and funding priorities,
line 5 but only insofar as these discussions relate to providing instructions
line 6 to the local agency’s designated representative.
line 7 Closed sessions held pursuant to this section
line 8 (5) The closed session shall not include final action on the
line 9 proposed compensation of one or more unrepresented employees.
line 10 For
line 11 (6) For the purposes enumerated in this section, a legislative
line 12 body of a local agency may also meet with a state conciliator who
line 13 has intervened in the proceedings.
line 14 (b) For the purposes of this section, the term “employee” shall
line 15 include an officer or an independent contractor who functions as
line 16 an officer or an employee, but shall not include any elected official,
line 17 member of a legislative body, or other independent contractors.
line 18 SEC. 23. Section 54960 of the Government Code is amended
line 19 to read:
line 20 54960. (a) The district attorney or any interested person may
line 21 commence an action by mandamus, injunction, or declaratory relief
line 22 for the purpose of stopping or preventing violations or threatened
line 23 violations of this chapter by members of the legislative body of a
line 24 local agency or to determine the applicability of this chapter to
line 25 ongoing actions or threatened future actions of the legislative body,
line 26 or to determine the applicability of this chapter to past actions of
line 27 the legislative body, subject to Section 54960.2, or to determine
line 28 whether any rule or action by the legislative body to penalize or
line 29 otherwise discourage the expression of one or more of its members
line 30 is valid or invalid under the laws of this state or of the United
line 31 States, or to compel the legislative body to audio record its closed
line 32 sessions as hereinafter provided.
line 33 (b) The court in its discretion may, upon a judgment of a
line 34 violation of Section 54956.7, 54956.8, 54956.9, 54956.95, 54957,
line 35 or 54957.6, any provision of this chapter authorizing a closed
line 36 session, order the legislative body to audio record its closed
line 37 sessions and preserve the audio recordings for the period and under
line 38 the terms of security and confidentiality the court deems
line 39 appropriate.
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line 1 (c) (1) Each recording so kept shall be immediately labeled
line 2 with the date of the closed session recorded and the title of the
line 3 clerk or other officer who shall be custodian of the recording.
line 4 (2) The audio recordings shall be subject to the following
line 5 discovery procedures:
line 6 (A) In any case in which discovery or disclosure of the audio
line 7 recording is sought by either the district attorney or the plaintiff
line 8 in a civil action pursuant to Section 54959, 54960, or 54960.1
line 9 alleging that a violation of this chapter has occurred in a closed
line 10 session that has been recorded pursuant to this section, the party
line 11 seeking discovery or disclosure shall file a written notice of motion
line 12 with the appropriate court with notice to the governmental agency
line 13 that has custody and control of the audio recording. The notice
line 14 shall be given pursuant to subdivision (b) of Section 1005 of the
line 15 Code of Civil Procedure.
line 16 (B) The notice shall include, in addition to the items required
line 17 by Section 1010 of the Code of Civil Procedure, all of the
line 18 following:
line 19 (i) Identification of the proceeding in which discovery or
line 20 disclosure is sought, the party seeking discovery or disclosure, the
line 21 date and time of the meeting recorded, and the governmental
line 22 agency that has custody and control of the recording.
line 23 (ii) An affidavit that contains specific facts indicating that a
line 24 violation of the act occurred in the closed session.
line 25 (3) If the court, following a review of the motion, finds that
line 26 there is good cause to believe that a violation has occurred, the
line 27 court may review, in camera, the recording of that portion of the
line 28 closed session alleged to have violated the act.
line 29 (4) If, following the in camera review, the court concludes that
line 30 disclosure of a portion of the recording would be likely to
line 31 materially assist in the resolution of the litigation alleging violation
line 32 of this chapter, the court shall, in its discretion, make a certified
line 33 transcript of the portion of the recording a public exhibit in the
line 34 proceeding.
line 35 (5) This section shall not permit discovery of communications
line 36 that are protected by the attorney-client privilege.
line 37 SEC. 24. Section 54960.2 of the Government Code is amended
line 38 to read:
line 39 54960.2. (a) The district attorney or any interested person may
line 40 file an action to determine the applicability of this chapter to past
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SB 707 — 47 —
line 1 actions of the legislative body pursuant to subdivision (a) of Section
line 2 54960 only if all of the following conditions are met:
line 3 (1) The district attorney or interested person alleging a violation
line 4 of this chapter first submits a cease and desist letter by postal mail
line 5 or facsimile transmission to the clerk or secretary of the legislative
line 6 body being accused of the violation, as designated in the statement
line 7 pertaining to that public agency on file pursuant to Section 53051,
line 8 or if the agency does not have a statement on file designating a
line 9 clerk or a secretary, to the chief executive officer of that agency,
line 10 clearly describing the past action of the legislative body and nature
line 11 of the alleged violation.
line 12 (2) The cease and desist letter required under paragraph (1) is
line 13 submitted to the legislative body within nine 12 months of the
line 14 alleged violation.
line 15 (3) The time during which the legislative body may respond to
line 16 the cease and desist letter pursuant to subdivision (b) has expired
line 17 and the legislative body has not provided an unconditional
line 18 commitment pursuant to subdivision (c).
line 19 (4) Within 60 days of receipt of the legislative body’s response
line 20 to the cease and desist letter, other than an unconditional
line 21 commitment pursuant to subdivision (c), or within 60 days of the
line 22 expiration of the time during which the legislative body may
line 23 respond to the cease and desist letter pursuant to subdivision (b),
line 24 whichever is earlier, the party submitting the cease and desist letter
line 25 shall commence the action pursuant to subdivision (a) of Section
line 26 54960 or thereafter be barred from commencing the action.
line 27 (b) The legislative body may respond to a cease and desist letter
line 28 submitted pursuant to subdivision (a) within 30 days of receiving
line 29 the letter. This subdivision shall not be construed to prevent the
line 30 legislative body from providing an unconditional commitment
line 31 pursuant to subdivision (c) at any time after the 30-day period has
line 32 expired, except that in that event the court shall award court costs
line 33 and reasonable attorney fees to the plaintiff in an action brought
line 34 pursuant to this section, in accordance with Section 54960.5.
line 35 (c) (1) If the legislative body elects to respond to the cease and
line 36 desist letter with an unconditional commitment to cease, desist
line 37 from, and not repeat the past action that is alleged to violate this
line 38 chapter, that response shall be in substantially the following form:
line 39
line 40 To ______________________:
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line 1
line 2 The [name of legislative body] has received your cease and desist
line 3 letter dated [date] alleging that the following described past action
line 4 of the legislative body violates the Ralph M. Brown Act:
line 5
line 6 [Describe alleged past action, as set forth in the cease and desist
line 7 letter submitted pursuant to subdivision (a)]
line 8
line 9 In order to avoid unnecessary litigation and without admitting
line 10 any violation of the Ralph M. Brown Act, the [name of legislative
line 11 body] hereby unconditionally commits that it will cease, desist
line 12 from, and not repeat the challenged past action as described above.
line 13
line 14 The [name of legislative body] may rescind this commitment
line 15 only by a majority vote of its membership taken in open session
line 16 at a regular meeting and noticed on its posted agenda as
line 17 “Rescission of Brown Act Commitment.” You will be provided
line 18 with written notice, sent by any means or media you provide in
line 19 response to this message, to whatever address or addresses you
line 20 specify, of any intention to consider rescinding this commitment
line 21 at least 30 days before any such regular meeting. In the event that
line 22 this commitment is rescinded, you will have the right to commence
line 23 legal action pursuant to subdivision (a) of Section 54960 of the
line 24 Government Code. That notice will be delivered to you by the
line 25 same means as this commitment, or may be mailed to an address
line 26 that you have designated in writing.
line 27
line 28 Very truly yours,
line 29 ________________________________________________
line 30 [Chairperson or acting chairperson of the legislative body]
line 31
line 32 (2) An unconditional commitment pursuant to this subdivision
line 33 shall be approved by the legislative body in open session at a
line 34 regular or special meeting as a separate item of business, and not
line 35 on its consent agenda.
line 36 (3) An action shall not be commenced to determine the
line 37 applicability of this chapter to any past action of the legislative
line 38 body for which the legislative body has provided an unconditional
line 39 commitment pursuant to this subdivision. During any action
line 40 seeking a judicial determination regarding the applicability of this
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SB 707 — 49 —
line 1 chapter to any past action of the legislative body pursuant to
line 2 subdivision (a), if the court determines that the legislative body
line 3 has provided an unconditional commitment pursuant to this
line 4 subdivision, the action shall be dismissed with prejudice. Nothing
line 5 in this subdivision shall be construed to modify or limit the existing
line 6 ability of the district attorney or any interested person to commence
line 7 an action to determine the applicability of this chapter to ongoing
line 8 actions or threatened future actions of the legislative body.
line 9 (4) Except as provided in subdivision (d), the fact that a
line 10 legislative body provides an unconditional commitment shall not
line 11 be construed or admissible as evidence of a violation of this
line 12 chapter.
line 13 (d) If the legislative body provides an unconditional commitment
line 14 as set forth in subdivision (c), the legislative body shall not
line 15 thereafter take or engage in the challenged action described in the
line 16 cease and desist letter, except as provided in subdivision (e).
line 17 Violation of this subdivision shall constitute an independent
line 18 violation of this chapter, without regard to whether the challenged
line 19 action would otherwise violate this chapter. An action alleging
line 20 past violation or threatened future violation of this subdivision
line 21 may be brought pursuant to subdivision (a) of Section 54960,
line 22 without regard to the procedural requirements of this section.
line 23 (e) The legislative body may resolve to rescind an unconditional
line 24 commitment made pursuant to subdivision (c) by a majority vote
line 25 of its membership taken in open session at a regular meeting as a
line 26 separate item of business not on its consent agenda, and noticed
line 27 on its posted agenda as “Rescission of Brown Act Commitment,”
line 28 provided that not less than 30 days prior to such regular meeting,
line 29 the legislative body provides written notice of its intent to consider
line 30 the rescission to each person to whom the unconditional
line 31 commitment was made, and to the district attorney. Upon
line 32 rescission, the district attorney or any interested person may
line 33 commence an action pursuant to subdivision (a) of Section 54960.
line 34 An action under this subdivision may be brought pursuant to
line 35 subdivision (a) of Section 54960, without regard to the procedural
line 36 requirements of this section.
line 37 SEC. 13.
line 38 SEC. 25. The Legislature finds and declares that Section 1 5
line 39 of this act, which amends Section 54953 of the Government Code,
line 40 and Sections 2 to 9, of, Sections 8 to 15, inclusive, of this act,
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line 1 which add Sections 54953.8 to 54953.8.7, respectively, to to, and
line 2 Section 20 of this act, which amends Section 54956.5 of, the
line 3 Government Code, impose a limitation on the public’s right of
line 4 access to the meetings of public bodies or the writings of public
line 5 officials and agencies within the meaning of Section 3 of Article
line 6 I of the California Constitution. Pursuant to that constitutional
line 7 provision, the Legislature makes the following findings to
line 8 demonstrate the interest protected by this limitation and the need
line 9 for protecting that interest:
line 10 (a) This act is necessary to provide opportunities for public
line 11 participation in meetings of specified public agencies and to
line 12 promote the recruitment and retention of members of those
line 13 agencies.
line 14 (b) This act is necessary to ensure minimum standards for public
line 15 participation and notice requirements allowing for greater public
line 16 participation in meetings.
line 17 (c) This act is necessary to modernize the Ralph M. Brown Act
line 18 to reflect recent technological changes that can promote greater
line 19 public access to local officials.
line 20 SEC. 14.
line 21 SEC. 26. The Legislature finds and declares that Section 1 of
line 22 this act, which amends Section 54952 of, Sections 2 and 3 of this
line 23 act, which amend and repeal Section 54952.2, respectively, of,
line 24 Section 4 of this act, which amends Section 54952.7 of, Section 5
line 25 of this act, which amends Section 54953 of the Government Code,
line 26 Sections 2 to 9, of, Section 6 of this act, which amends Section
line 27 54953.5 of, Section 7 of this act, which amends Section 54953.7
line 28 of, Sections 8 to 15, inclusive, of this act, which add Sections
line 29 54953.8 to 54953.8.7, respectively, to the Government Code,
line 30 Section 10 to, Section 16 of this act, which adds Section 54953.9
line 31 to the Government Code, and Sections 11 to 12, to, Sections 17 to
line 32 18, inclusive, of this act, which amend Sections 54954.2 and
line 33 54954.3, respectively, of of, Section 19 of this act, which amends
line 34 Section 54956 of, Section 20 of this act, which amends Section
line 35 54956.5 of, Section 21 of this act, which amends Section 54957.1
line 36 of, Section 22 of this act, which amends Section 54957.6 of, Section
line 37 23 of this act, which amends Section 54960 of, and Section 24 of
line 38 this act, which amends Section 54960.2 of, the Government Code,
line 39 further, within the meaning of paragraph (7) of subdivision (b) of
line 40 Section 3 of Article I of the California Constitution, the purposes
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SB 707 — 51 —
line 1 of that constitutional section as it relates to the right of public
line 2 access to the meetings of local public bodies or the writings of
line 3 local public officials and local agencies. Pursuant to paragraph (7)
line 4 of subdivision (b) of Section 3 of Article I of the California
line 5 Constitution, the Legislature makes the following findings:
line 6 (a) This act is necessary to provide opportunities for public
line 7 participation in meetings of specified public agencies and to
line 8 promote the recruitment and retention of members of those
line 9 agencies.
line 10 (b) This act is necessary to ensure minimum standards for public
line 11 participation and notice requirements allowing for greater public
line 12 participation in meetings.
line 13 (c) This act is necessary to modernize the Ralph M. Brown Act
line 14 to reflect recent technological changes that can promote greater
line 15 public access to local officials.
line 16 SEC. 15.
line 17 SEC. 27. The Legislature finds and declares that adequate
line 18 public access to meetings is a matter of statewide concern and is
line 19 not a municipal affair as that term is used in Section 5 of Article
line 20 XI of the California Constitution. Therefore, Section 10 of this act
line 21 adding Section 54953.9 to, and Section 11 of this act amending
line 22 Section 54954.2 of, the Government Code this bill would apply
line 23 to all cities, including charter cities.
line 24 SEC. 16.
line 25 SEC. 28. No reimbursement is required by this act pursuant to
line 26 Section 6 of Article XIII B of the California Constitution because
line 27 the only costs that may be incurred by a local agency or school
line 28 district under this act would result from a legislative mandate that
line 29 is within the scope of paragraph (7) of subdivision (b) of Section
line 30 3 of Article I of the California Constitution.
O
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