HomeMy WebLinkAbout062425 - 03.1
LEGISLATIVE COMMITTEE MEMORANDUM 3.1
June 24, 2025
TO: Mayor and Town Council
SUBJECT: June Legislative Report
BACKGROUND
At the end of May, Senate and Assembly Appropriations Committees held their
“suspense file” hearings, to review any bills introduced that have a fiscal impact to the
State. In total, there were 1,098 bills in the Suspense Files between both Committees; 742
passed to their House Floors, with 356 measures held in committee, for a 32.4% hold rate.
Policy committees slowed during the month of June. This is a result of bills moving into
their second house and the need for Rules Committees to refer them to the appropriate
policy committee(s). The pause allows time for legislators to rework language and to
introduce bill amendments prior to the second house referral process.
On June 15, the legislature approved their budget bill, SB 101, which outlines a $232
billion General Fund spending plan that emphasizes fiscal stability, the preservation of
essential services, and support for local implementation. The next steps are for the
Governor, Senate, and Assembly to negotiate the final framework. Negotiations are
expected continue; and the Governor has until July 1 to take action.
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 following bills have been identified as legislation to track during the 2025 Legislative
Session by the Tri-Valley Cities Coalition the Tri-Valley Cities Coalition:
June Legislative Update 2 June 24, 2025
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 provide for a 10-day grace period for the policyholder
to pay any outstanding installment premium.
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. 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 ineligible for enrollment in a full-service
partnership solely because their primary diagnosis is a substance use disorder.
TVC Position: Support
AB 544 (Davies) Electric bicycles: required equipment.
This bill would require electric bicycles to have red reflectors on the bicycle at all hours if
the day and allows a minor cited for no wearing a helmet while riding an e-bike to
complete a specialized electric bicycle safety course development by the Department of
California Highway Patrol in lieu of paying a fine.
TVC Position: Support
AB 650 (Papan) Planning and zoning: housing element: regional housing needs
allocation.
This bill would extend a number of timelines in the process of determining regional
housing needs, regional housing needs allocation, and housing element revisions. This
bill also requires the Department of Housing and Community Development to provide
specific analysis or text to local governments to remedy deficiencies in their draft housing
element revisions.
TVC Position: Support
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
June Legislative Update 3 June 24, 2025
for the benefit of applicants for housing development projects or imposes limitations on
a public agency for the benefit of housing development projects.
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 of the Legislature or receipt of federal or
other funds.
TVC Position: Support
SB 79 (Wiener) 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, administered by the Department of Insurance, for the purpose of guiding and
funding the development and deployment of a public wildfire catastrophe model, and
creates the Wildfire Safety and Risk Mitigation Account within the Insurance Fund to
support this purpose.
TVC Position: Support
SB 454 (McNerney) State Water Resources Control Board: PFAS Mitigation Program.
This bill, upon appropriation by the Legislature, would create the PFAS Mitigation
program, and create the PFAS Mitigation Fund with in the State Treasury to support cities
and local water agencies treat and remediate PFAS from water and wastewater supplies.
Recommended 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
June Legislative Update 4 June 24, 2025
SB 616 (Rubio) Community Hardening Commission: wildfire mitigation program.
This bill creates an independent Community Hardening Commission with in the
Department of Insurance, with the goals of developing a unified and centralized fire
mitigation standard for all level of government across the state, as well as generating
guidelines to enable the creation of a wildfire data sharing platform.
TVC Position: Support
SB 707 (Durazo) Open meetings: meeting and teleconference requirements.
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
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.
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 SENATE JUNE 17, 2025
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 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.
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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. payments. The bill would provide a 10-day grace period
for 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) On or before April 1, 2026, the association shall
line 4 create an automatic payment system and accept automatic payments
line 5 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). payments.
line 13 (d) If a policyholder fails to timely pay any outstanding
line 14 installment premium, the policyholder shall have a 10-day grace
line 15 period to pay the outstanding installment premium.
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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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— 6 — AB 348
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
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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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— 2 — AB 544
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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— 6 — AB 544
AB 650
Page 1
ASSEMBLY THIRD READING
AB 650 (Papan)
As Amended April 24, 2025
Majority vote
SUMMARY
Extends a number of timelines in the process of determining regional housing needs (RHND),
regional housing needs allocations (RHNA), and housing element revisions, and requires the
Department of Housing and Community Development (HCD) to provide specific analysis or text
to local governments to remedy deficiencies in their draft housing element revisions.
Major Provisions
1) Revises the time by which HCD, in consultation with each council of governments (COG),
must determine each region's existing and projected housing need (RHND) from two years
prior to the scheduled housing element revision in existing law, to three years prior to the
scheduled revision. Provides an exception in the following circumstances:
a) For regions with a scheduled housing element revision due date in the 2027 calendar
year, HCD must provide the RHND at least two years before the scheduled revision; and
b) For regions with a scheduled housing element revision due date in the 2028 calendar
year or the first six months of the 2029 calendar year, HCD must provide the RHND at
least 32 months before the scheduled revision.
2) Specifies that, for cities and counties without a COG, HCD must determine each region's
existing and projected housing need at least 30 months before the scheduled housing element
revision. Provides an exception for cities and counties with a scheduled housing element
revision due date in the 2027 calendar year or the first six months of the 2028 calendar year,
by requiring HCD to provide the RHND at least two years before the scheduled revision.
3) Revises the required timeline for HCD to meet and consult with each COG regarding the
assumptions and methodology to be used by HCD to determine the region's housing needs,
from at least 26 months prior to the scheduled housing element revision in existing law, to 38
months prior to the due date. Provides an exception for the seventh housing element cycle, by
requiring HCD to meet and consult with the COG at least two months prior to developing the
existing and projected housing need pursuant to the timelines in 1) and 2) above.
4) Revises the time by which two or more cities and a county, or counties, may form a
subregional entity for the purpose of allocating the subregion's RHNA among its members,
from 28 months prior to the scheduled housing element update to 34 months prior to the
scheduled housing element update.
5) Revises the time by which a COG must determine the share of RHNA assigned to each
delegate subregion specified in 4) above, from 25 months prior to the scheduled revision to
31 months prior to the scheduled revision.
6) Revises the time by which each COG or delegate subregion shall develop, in consultation
with HCD, a proposed methodology for distributing the RHNA to local governments within
the region or subregion, from at least two years prior to the scheduled housing element
AB 650
Page 2
revision in existing law, to at least two and one-half years prior to the scheduled revision.
Provides an exemption for COGs with a housing element revision due date during the 2027
calendar year.
7) Revises the time by which each COG and delegate subregion shall distribute a draft RHNA
to each local government in the region or subregion and to HCD based on the methodology
described in 6) above and to publish the draft RHNA on its website, from at least one and
one-half years before the scheduled housing element revision in existing law, to at least two
years prior to the scheduled revision. Provides an exemption for the seventh housing element
cycle for COGs with a housing element revision due date during the 2027 calendar year.
8) Requires HCD, if it finds that a draft housing element or draft amendment does not
substantially comply with housing element law, to do both of the following in a written
communication to the planning agency:
a) Identify and explain the specific deficiencies in the draft element or draft amendment,
including a reference to each subdivision of specified portions of housing element law
that the draft does not comply with; and
b) Provide the specific analysis or text that HCD expects the planning agency to include in
the draft to remedy the deficiencies identified pursuant to 8) a) above.
9) Requires a local government's legislative body to consider HCD's findings and the specific
analysis or text required by HCD pursuant to 8) above prior to the adoption of its draft
element or draft amendment.
10) Requires the local government's legislative body, if HCD finds that the draft element or draft
amendment does not substantially comply with housing element law, to do one of the
following:
a) Include the specific analysis or text from HCD specified in 8) above in the draft element
or draft amendment to substantially comply; or
b) Adopt the draft element or draft amendment without the specific analysis or text
required by HCD and include written findings in its resolution of adoption that explain
the reasons the legislative body believes that the draft substantially complies with the
law, despite the specific analysis or text required by HCD.
11) Requires HCD, when reviewing adopted housing elements or amendments and any findings
under 10) b) above, if it finds the adopted element or amendment is not in substantial
compliance, to identify each subdivision of housing element law that the housing element
does not substantially comply with and provide the specific analysis or text to the planning
agency that, if adopted, would bring the housing element into substantial compliance.
12) Adds a deadline of December 31, 2026, to an existing requirement for HCD to develop a
standardized reporting format for programs and actions taken to affirmatively further fair
housing via the housing element.
AB 650
Page 3
COMMENTS
RHNA and Housing Elements: The RHNA process is used to determine how many new homes,
and the affordability level of those homes, each local government must plan for in its housing
element to cover the duration of the next planning cycle. The state is currently in the sixth
housing element cycle. The RHND is assigned at the COG level, while RHNA is suballocated to
subregions of the COG or directly to local governments. RHNA is currently assigned via six
income categories: very low-income or 0-50% of area median income (AMI), low-income or 50-
80% of AMI, moderate income or 80-120% of AMI, and above moderate income at 120% or
more of AMI. Beginning with the seventh cycle, two new income categories will be incorporated
for acutely low-income (0-15% of AMI) and extremely low-income (15-30% of AMI).
The cycle begins with HCD and the Department of Finance (DOF) projecting new RHND
numbers every five or eight years, depending on the region (and for regions without a COG,
HCD allocates the RHND directly to local governments). DOF produces population projections
and COGs also develops projections during their Regional Transportation Plan updates. Then, 26
months before the housing element due date for the region, HCD must meet and consult with the
COG and share the data assumptions and methodology that they will use to produce the RHND.
The COG provides HCD with its own regional data on specific criteria. HCD can take this
information and use it to modify its own methodology, if it agrees with the data the COG
produced, or can reject it if there are other factors or data that HCD feels are better or more
accurate. Then, after a consultation with the COG, HCD makes written determinations on the
data it is using for specified factors. HCD uses that data to produce the final RHND, which must
be distributed at least two years prior to the region's expected housing element due date. The
COG must then take the RHND and create an allocation methodology that distributes the
housing need equitably amongst all the local governments in its region. The RHNA methodology
is statutorily obligated to further all of the following objectives:
1) Increase the housing supply and mix of housing types, tenure, and affordability in all cities
and counties within the regional in an equitable manner, which must result in each
jurisdiction receiving an allocation of units for low- and very low-income households;
2) Promote infill development, socioeconomic equity, the protection of environmental and
agricultural resources, and achievement of regional climate change reduction targets;
3) Promote an improved intraregional relationship between jobs and housing, including an
improved balance between the number of low-wage jobs and the number of housing units
affordable to low-wage workers in each jurisdiction;
4) Allocate a lower proportion of housing need to an income category when a jurisdiction
already has a disproportionately high share of households in that income category; and
5) Affirmatively further fair housing.
This bill would push back several RHND and RHNA deadlines for the seventh housing element
cycle and beyond by six months, as follows:
1) HCD would be required to consult with each COG at least 38 months prior to the scheduled
housing element revision, rather than 26 months prior under existing law;
AB 650
Page 4
2) HCD must determine each region's RHND three years (36 months) prior to the scheduled
housing element revision, rather than two years under existing law;
3) Each COG must develop its proposed RHNA methodology at least 2.5 years prior to the
scheduled housing element revision, rather than two years under existing law; and
4) Each COG must distribute its draft RHNA allocation plan at least two years prior to the
scheduled housing element revision, rather than 1.5 years under existing law.
This bill also contains some differences or exceptions to these extended timelines to provide
feasible timelines for jurisdictions with due dates earlier in the upcoming seventh housing
element cycle. Generally, the additional six months provided by this bill would mean that COGs
would have to distribute their draft RHNA plan at least two years before the housing element due
date. With the 195-day RHNA methodology appeal timeline in existing law, this change would
result in local governments receiving their final RHNA numbers about 1.5 years prior to the
housing element due date, providing them an extra six months to prepare housing elements and
submit them to HCD for review and approval.
Adoption and Implementation of Housing Elements: All of the state's 539 cities and counties are
required to appropriately plan for new housing through the housing element of each community's
General Plan, which outlines a long-term plan for meeting the community's existing and
projected housing needs. Cities and counties are required to update their housing elements every
eight years in most of the high population parts of the state, and five years in areas with smaller
populations. Localities must adopt a legally valid housing element by their statutory deadline for
adoption. Failure to do so can result in escalating penalties, including an accelerated deadline for
completing rezoning, exposure to the "builder's remedy," public or private lawsuits, financial
penalties, potential loss of permitting authority, or court receivership.
Among other things, the housing element must demonstrate how the community plans to
accommodate its share of its region's RHNA. To do so, each community establishes an inventory
of sites designated for new housing that is sufficient to accommodate its fair share. Where a
community does not already contain the existing capacity to accommodate its fair share of
housing, it must undertake a rezoning program. It is critical that local jurisdictions adopt legally
compliant housing elements on time in order to meet statewide housing goals and create the
environment locally for the successful construction and preservation of desperately needed
housing at all income levels. Adequate zoning, removal of regulatory barriers, protection of
existing stock and targeting of resources are essential to obtaining a sufficient permanent supply
of housing affordable to all economic segments of the community. Recognizing that local
governments may lack adequate resources to house all those in need, the law nevertheless
mandates that the community do all it can and not engage in exclusionary and harmful practices.
Local governments have a statutory deadline to submit a housing element based on region. At
least ninety days before the deadline to adopt a housing element, localities must submit a draft to
HCD. HCD is required to review the draft element within 90 days of receipt and provide written
findings as to whether the draft amendment substantially complies with housing element law. If
HCD finds that the draft element does not substantially comply with the law, the local agency
may either make changes to the draft element or adopt the element and make findings as to why
it complies with the law despite the findings of the department. Following adoption of a housing
element, a local agency submits it to HCD. Despite the fact that the process allows a local
agency to adopt a housing element without making the changes required by HCD to be in
AB 650
Page 5
substantial compliance, a local agency is not considered compliant until receiving ultimate
approval from HCD. Last year, AB 1886 (Alvarez), Chapter 267, Statutes of 2024 further
clarified that a housing element is in compliance when both a local agency has adopted a housing
element and HCD had found the element in compliance.
This bill would require HCD's findings of noncompliance for either a draft or adopted housing
element to identify and explain the specific deficiencies, by reference to each subdivision of
housing element law, that the draft does not comply with, and would require HCD to provide the
specific analysis or text that would address the deficiencies if the local government were to
include them in a revised element or amendment.
According to the Author
"AB 650 will improve the housing element review process by addressing the delays and
challenges local governments face in dealing with HCD. This bill makes two key improvements:
first, it starts the Regional Housing Needs Allocation (RHNA) process six months earlier, giving
municipalities more time work on their housing elements and allowing them to engage with
HCD sooner; second, it mandates clear and actionable feedback from HCD to ensure local
governments have the guidance they need to comply. These changes will help local governments
develop compliant housing elements on time, supporting the production of much-needed housing
and ensuring clarity in the process."
Arguments in Support
According to the League of California Cities, the bill's sponsor, "During the 6th RHNA cycle,
local governments experienced various challenges in obtaining certification from HCD. Some of
the challenges include a short timeline for completing these complex documents and responding
to HCD's feedback, a lack of clarity regarding what the state expects from local governments
when reviewing additional housing element drafts, and the introduction of new requirements late
in the housing element review process. AB 650 would address these issues by allowing local
governments to begin updating their housing element six months early. The bill would also
require HCD to provide specific text and analysis that must be included in the housing element to
remedy deficiencies, ensuring that local governments are not penalized when HCD identifies
additional deficiencies not previously identified in prior review letters. AB 650 would provide
greater clarity and certainty to the housing element process and help ensure that all jurisdictions
adopt a certified housing element on time."
Arguments in Opposition
According to YIMBY Action, "We appreciate the amendments made to this bill in [Assembly]
Housing Committee on April 24th. However, we still oppose this bill because it limits the ability
of California's Department of Housing & Community Development (HCD) to comment on
multiple drafts of a city's Housing Element. In order to adequately enforce Housing Element
Law, HCD must be given the ability to provide guidance throughout the very technical process.
… California's severe housing shortage is causing skyrocketing homelessness and poverty,
crippling our economy, and exacerbating our global climate crisis. These impacts fall
disproportionately on California's low-income workers and families and disproportionately affect
communities of color. AB 650 will put up more hurdles to addressing our housing shortage and
ensuring a welcoming California where everyone can thrive."
FISCAL COMMENTS
According to the Assembly Committee on Appropriations:
AB 650
Page 6
1) HCD estimates ongoing General Fund costs of $11.1 million annually for 52 positions to
meet their new obligations. HCD indicates this bill shifts core responsibilities for preparing
compliant housing elements from local jurisdictions to HCD. Additional staff will be needed
to research local conditions such as site availability, zoning ordinances, and demographic
trends, draft housing element content tailored to each jurisdiction, and conduct stakeholder
outreach with developers, experts, and community members, in order to provide the required
feedback to local governments.
2) Costs of an unknown amount, but likely minor and potentially cost-saving to local agencies
to adjust their housing element revision processes. These costs are not reimbursable by the
state because local agencies have general authority to charge and adjust planning and
permitting fees to offset increased costs associated with the provisions of this bill.
VOTES
ASM HOUSING AND COMMUNITY DEVELOPMENT: 11-0-1
YES: Haney, Ávila Farías, Caloza, Garcia, Kalra, Lee, Quirk-Silva, Ta, Tangipa, Wicks, Wilson
ABS, ABST OR NV: Patterson
ASM LOCAL GOVERNMENT: 9-0-1
YES: Carrillo, Ta, Pacheco, Ramos, Ransom, Blanca Rubio, Stefani, Ward, Wilson
ABS, ABST OR NV: Hoover
ASM APPROPRIATIONS: 14-0-1
YES: Wicks, Arambula, Calderon, Caloza, Dixon, Elhawary, Fong, Mark González, Hart,
Pacheco, Pellerin, Solache, Ta, Tangipa
ABS, ABST OR NV: Sanchez
UPDATED
VERSION: April 24, 2025
CONSULTANT: Nicole Restmeyer / H. & C.D. / (916) 319-2085 FN: 0000616
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
96
— 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.
O
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— 4 — AB 712
AMENDED IN ASSEMBLY MAY 29, 2025
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.
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.
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 for the program
upon appropriation by the Legislature. Legislature or upon receipt of
97
federal or other grants or funds. 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: 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. 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.
line 24 (f) Home hardening is essential to community risk mitigation
line 25 and future insurability in communities that face the threats of
line 26 wildfires.
line 27 (g) Communitywide implementation of structure hardening and
line 28 forest and watershed management are critical to long-term
line 29 mitigation of insured losses.
97
— 2 — AB 888
line 1 SEC. 2. Section 2033 is added to the Insurance Code,
line 2 immediately following Section 2032, to read:
line 3 2033. (a) The California Safe Homes grant program is hereby
line 4 established to be developed and administered by the department
line 5 for the purpose of achieving the following goals:
line 6 (1) Reducing local and statewide wildfire losses.
line 7 (2) Improving insurability and resilience of vulnerable
line 8 communities.
line 9 (3) Home hardening of insurable properties to mitigate wildfire
line 10 risk and enable consumers to get access to insurance premium
line 11 incentives offered by insurance companies and in alignment with
line 12 the department’s rules.
line 13 (b) (1) The Sustainable Insurance Account is hereby established
line 14 within the Insurance Fund. Funds in the Sustainable Insurance
line 15 Account shall be available to the department for the program upon
line 16 appropriation by the Legislature. Legislature, upon receipt of
line 17 federal grants or funds, or upon receipt of other sources of grants
line 18 or funds.
line 19 (2) Special funds in the Sustainable Insurance Account shall
line 20 not be redistributed. Funds shall be used to support activities
line 21 necessary to carry out the functions and purposes of the program.
line 22 (c) The department may adopt rules and establish eligibility
line 23 requirements and additional procedures as necessary for the
line 24 effective administration of the program and in accordance with
line 25 any conditions associated with grants or funds received by the
line 26 program. The department may contract with a third party to assist
line 27 with program administration.
line 28 (d) When awarding grant funds under the program, the
line 29 department shall prioritize the following, in descending order:
line 30 (1) The replacement of roofs to align with the standards specified
line 31 in the department’s Safer from Wildfires regulations (Section
line 32 2644.9 of Title 10 of California Code of Regulations).
line 33 (2) The creation of a five-foot noncombustible zone around the
line 34 structure, to align with the standards specified in the department’s
line 35 Safer from Wildfires regulations (Section 2644.9 of Title 10 of
line 36 California Code of Regulations).
line 37 (3) Projects that improve communitywide mitigation to reduce
line 38 the risk of losses caused by wildfires, with consideration of all of
line 39 the following priorities:
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AB 888 — 3 —
line 1 (A) Collective actions that mitigate risks before a disaster occurs
line 2 by addressing risk factors on structures and in the surrounding area
line 3 that exacerbate insurable wildfire losses.
line 4 (B) Alignment with existing risk mitigations identified in Section
line 5 2644.4.5 or 2644.9 of Title 10 of California Code of Regulations.
line 6 (C) Anticipated benefit to insurance policyholders.
line 7 (e) Eligible program applicants shall be qualifying individuals
line 8 and qualifying cities, counties, and special districts, as follows:
line 9 (1) For a qualifying individual, grant funds related to incentives
line 10 specified in paragraphs (1) and (2) of subdivision (d) may be
line 11 awarded if the following criteria are met:
line 12 (A) The property of the applicant is covered by an admitted
line 13 insurer or the California FAIR Plan Association.
line 14 (B) The property of the applicant is in a ZIP Code that overlaps
line 15 with a high or very high fire hazard severity zone, as shown on
line 16 current maps published by the Department of Forestry and Fire
line 17 Protection.
line 18 (C) The income of the applicant is no higher than the
line 19 low-income limit for the county in which they reside, as designated
line 20 by the Department of Housing and Community Development.
line 21 (2) For a qualifying city, county, or special district, the applicant
line 22 shall demonstrate the alignment of the use of grant funds to
line 23 enhance and expand the priorities stated in subdivision (d) and the
line 24 criteria for tracking performance.
line 25 (f) The department shall collect information to account for the
line 26 performance of the program over time, including both of the
line 27 following:
line 28 (1) The department shall require that grantees provide
line 29 subsequent information on the use of grant funds, including receipt
line 30 for contractor services, if appropriate, written attestation of work
line 31 done by the recipient, and documentation that demonstrates if the
line 32 grantee qualified for wildfire incentives from their insurance
line 33 company after the grant funds were used to reduce wildfire risk
line 34 of loss to the home.
line 35 (2) Regional information on the geographic distribution of grant
line 36 funding.
line 37 (g) The California FAIR Plan Association shall submit an annual
line 38 report to the department stating the number of policyholders that
line 39 have qualified for each of the wildfire mitigation rating factors
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line 1 specified in the department’s Safer from Wildfires regulations
line 2 (Section 2644.9 of Title 10 of California Code of Regulations).
line 3 (h) On or before January 1, 2027, and every two years thereafter,
line 4 the department shall publish a performance report using aggregate
line 5 information collected from grantees and metrics for the beneficial
line 6 impacts of the grants awarded, including an accounting of the
line 7 funding for each of the mitigation actions, geographic distributions,
line 8 and present recommendations on how to improve the
line 9 implementation of the program. The report shall be posted on the
line 10 department’s internet website and submitted to the Legislature
line 11 pursuant to Section 9795 of the Government Code.
O
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AB 888 — 5 —
AMENDED IN ASSEMBLY JUNE 16, 2025
AMENDED IN SENATE MAY 29, 2025
AMENDED IN SENATE MAY 28, 2025
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 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. Housing development: transit-oriented
development: California Environmental Quality Act: public transit
agency land. development.
(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, 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
92
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
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, or commercial development, 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,
as specified. The bill would provide that a local government that denies
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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 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, 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
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 authorize a local government to enact an ordinance to
make its zoning code consistent with these provisions, as provided. The
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SB 79 — 3 —
bill would require the local government to submit a copy of this
ordinance to the department within 60 days of 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.
By increasing the duties of local officials, this bill would impose a
state-mandated local program.
(2) 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
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
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— 4 — SB 79
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.
(3)
(2) This bill would provide that the provisions of this bill are
severable.
(4) By increasing the duties of local officials, this bill would impose
a state-mandated local program.
The
(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.
The people of the State of California do enact as follows:
line 1 SECTION 1. Chapter 4.1.5 (commencing with Section
line 2 65912.155) is added to Division 1 of Title 7 of the Government
line 3 Code, to read:
line 4
line 5 Chapter 4.1.5. Transit-Oriented Development
line 6
line 7 65912.155. The Legislature finds and declares all of the
line 8 following:
line 9 (a) California faces a housing shortage both acute and chronic,
line 10 particularly in areas with access to robust public transit
line 11 infrastructure.
line 12 (b) Building more homes near transit access reduces housing
line 13 and transportation costs for California families, and promotes
line 14 environmental sustainability, economic growth, and reduced traffic
line 15 congestion.
line 16 (c) Public transit systems require sustainable funding to provide
line 17 reliable service, especially in areas experiencing increased density
line 18 and ridership. The state does not invest in public transit service to
line 19 the same degree as it does in roads, and the state funds a smaller
line 20 proportion of the state’s major transit agencies’ operations costs
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SB 79 — 5 —
line 1 than other states with comparable systems. Transit systems in other
line 2 countries derive significant revenue from transit-oriented
line 3 development at and near their stations.
line 4 65912.156. For purposes of this chapter, the following
line 5 definitions apply:
line 6 (a) “Adjacent” means sharing a property line with a transit stop,
line 7 including any parcels that serve a parking or circulation purpose
line 8 related to the stop.
line 9 (b) “Commuter rail” means a rail transit service not meeting
line 10 the standards for heavy rail or light rail, excluding California
line 11 High-Speed Rail and Amtrak Long Distance Service.
line 12 (c) “Department” means the Department of Housing and
line 13 Community Development.
line 14 (d) “Frequent commuter rail” means a commuter rail service
line 15 with a total of at least 24 daily trains per weekday across both
line 16 directions and not meeting the standard for very high or
line 17 high-frequency commuter rail at any point in the past three years.
line 18 (e) “Heavy rail transit” means an electric railway with the
line 19 capacity for a heavy volume of traffic using high-speed and rapid
line 20 acceleration passenger rail cars operating singly or in multicar
line 21 trains on fixed rails, separate rights-of-way from which all other
line 22 vehicular and foot traffic are excluded, and high platform loading.
line 23 (f) “High-frequency commuter rail” means a commuter rail
line 24 service operating a total of at least 48 trains per day across both
line 25 directions at any point in the past three years.
line 26 (g) “High-resource area” means a highest resource or
line 27 high-resource neighborhood opportunity area, as used in the
line 28 opportunity area maps published annually by the California Tax
line 29 Credit Allocation Committee and the department.
line 30 (h) “Housing development project” has the same meaning as
line 31 defined in Section 65589.5.
line 32 (i) “Light rail transit” includes streetcar, trolley, and tramway
line 33 service.
line 34 (j) “Net habitable square footage” means the finished and heated
line 35 floor area fully enclosed by the inside surface of walls, windows,
line 36 doors, and partitions, and having a headroom of at least six and
line 37 one-half feet, including working, living, eating, cooking, sleeping,
line 38 stair, hall, service, and storage areas, but excluding garages,
line 39 carports, parking spaces, cellars, half-stories, and unfinished attics
line 40 and basements.
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line 1 (k) “Rail transit” has the same meaning as defined in Section
line 2 99602 of the Public Utilities Code.
line 3 (l) “Residential floor area ratio” means the ratio of net habitable
line 4 square footage dedicated to residential use to the area of the lot.
line 5 (m) “Tier 1 transit-oriented development stop” means a
line 6 transit-oriented development stop within an urban transit county
line 7 served by heavy rail transit or very high frequency commuter rail.
line 8 (n) “Tier 2 transit-oriented development stop” means a
line 9 transit-oriented development stop within an urban transit county,
line 10 excluding a Tier 1 transit-oriented development stop, served by
line 11 light rail transit, by high-frequency commuter rail, or by bus service
line 12 meeting the standards of paragraph (1) of subdivision (a) of Section
line 13 21060.2 of the Public Resources Code.
line 14 (o) “Tier 3 transit-oriented development stop” means a
line 15 transit-oriented development stop within an urban transit county,
line 16 excluding a Tier 1 or Tier 2 transit-oriented development stop,
line 17 served by frequent commuter rail service or by ferry service; or
line 18 any transit-oriented development stop not within an urban transit
line 19 county; or any major transit stop otherwise so designated by the
line 20 applicable authority.
line 21 (p) “Transit-oriented development stop” means a major transit
line 22 stop, as defined by Section 21155 of the Public Resources Code,
line 23 served by heavy rail transit, very high frequency commuter rail,
line 24 high frequency commuter rail, light rail transit, bus service meeting
line 25 the standards of paragraph (1) of subdivision (a) of Section 21060.2
line 26 of the Public Resources Code, frequent commuter rail service, or
line 27 ferry service, or otherwise so designated by the applicable
line 28 authority.
line 29 (q) “Urban transit county” means a county with more than 15
line 30 rail stations.
line 31 (r) “Very high frequency commuter rail” means a commuter
line 32 rail service with a total of at least 72 trains per day across both
line 33 directions at any point in the past three years.
line 34 65912.157. (a) A housing development project within one-half
line 35 or one-quarter mile of a transit-oriented development stop shall
line 36 be an allowed use on any site zoned for residential, mixed, or
line 37 commercial development, if the development complies with the
line 38 applicable of all of the following requirements:
line 39 (1) For a residential development within one-quarter mile of a
line 40 Tier 1 transit-oriented development stop, all of the following apply:
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SB 79 — 7 —
line 1 (A) A development may be built up to 75 feet high, or up to the
line 2 local height limit, whichever is greater.
line 3 (B) A local government shall not impose any maximum density
line 4 of less than 120 dwelling units per acre. The development
line 5 proponent may seek a further increased density in accordance with
line 6 applicable density bonus law.
line 7 (C) A local government shall not enforce any other local
line 8 development standard or combination of standards that would
line 9 prevent achieving a residential floor area ratio of up to 3.5.
line 10 (D) A development that otherwise meets the eligibility
line 11 requirements of Section 65915, including, but not limited to,
line 12 affordability requirements, shall be eligible for three additional
line 13 concessions pursuant to Section 65915.
line 14 (2) For a residential development further than one-quarter mile
line 15 but within one-half mile of a Tier 1 transit-oriented development
line 16 stop, all of the following apply:
line 17 (A) A development may be built up to 65 feet high, or up to the
line 18 local height limit, whichever is greater.
line 19 (B) A local government shall not impose any maximum density
line 20 standard of less than 100 dwelling units per acre. The development
line 21 proponent may seek a further increased density in accordance with
line 22 applicable density bonus law.
line 23 (C) A local government shall not enforce any other local
line 24 development standard or combination of standards that would
line 25 prevent achieving a residential floor area ratio of up to 3.
line 26 (D) A development that otherwise meets the eligibility
line 27 requirements of Section 65915, including, but not limited to,
line 28 affordability requirements, shall be eligible for two additional
line 29 concessions pursuant to Section 65915.
line 30 (3) For a residential development within one-quarter mile of a
line 31 Tier 2 transit-oriented development stop, all of the following apply:
line 32 (A) A development may be built up to 65 feet high, or up to the
line 33 local height limit, whichever is greater.
line 34 (B) A local government shall not impose any maximum density
line 35 standard of less than 100 dwelling units per acre. The development
line 36 proponent may seek a further increased density in accordance with
line 37 applicable density bonus law.
line 38 (C) A local government shall not enforce any other local
line 39 development standard or combination of standards that would
line 40 prevent achieving a residential floor area ratio of up to 3.
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line 1 (D) A development that otherwise meets the eligibility
line 2 requirements of Section 65915, including, but not limited to,
line 3 affordability requirements, shall be eligible for two additional
line 4 concessions pursuant to Section 65915.
line 5 (4) For a residential development further than one-quarter mile
line 6 but within one-half mile of a Tier 2 transit-oriented development
line 7 stop, all of the following apply:
line 8 (A) A development may be built up to 55 feet high, or up to the
line 9 local height limit, whichever is greater.
line 10 (B) A local government shall not impose any maximum density
line 11 standard of less than 80 dwelling units per acre. The development
line 12 proponent may seek a further increased density in accordance with
line 13 applicable density bonus law.
line 14 (C) A local government shall not enforce any other local
line 15 development standard or combination of standards that would
line 16 prevent achieving a residential floor area ratio of up to 2.5.
line 17 (D) A development that otherwise meets the eligibility
line 18 requirements of Section 65915, including, but not limited to,
line 19 affordability requirements, shall be eligible for one additional
line 20 concession pursuant to Section 65915.
line 21 (5) For a residential development within one-quarter mile of a
line 22 Tier 3 transit-oriented development stop, all of the following apply:
line 23 (A) A development may be built up to 55 feet high, or up to the
line 24 local height limit, whichever is greater.
line 25 (B) A local government shall not impose any maximum density
line 26 standard of less than 80 dwelling units per acre. The development
line 27 proponent may seek a further increased density in accordance with
line 28 applicable density bonus law.
line 29 (C) A local government shall not enforce any other local
line 30 development standard or combination of standards that would
line 31 prevent achieving a residential floor area ratio of up to 2.5.
line 32 (D) A development that otherwise meets the eligibility
line 33 requirements of Section 65915, including, but not limited to,
line 34 affordability requirements, shall be eligible for one additional
line 35 concession pursuant to Section 65915.
line 36 (6) For a residential development further than one-quarter mile
line 37 but within one-half mile of a Tier 3 transit-oriented development
line 38 stop, all of the following apply:
line 39 (A) A development within an urban transit county may be built
line 40 up to 45 feet high, or up to the local height limit, whichever is
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SB 79 — 9 —
line 1 greater. A development not within an urban transit county may be
line 2 built up to the local height limit.
line 3 (B) A local government shall not impose any maximum density
line 4 standard of less than 60 dwelling units per acre. The development
line 5 proponent may seek a further increased density in accordance with
line 6 applicable density bonus law.
line 7 (C) A local government shall not enforce any other local
line 8 development standard or combination of standards that would
line 9 prevent achieving a residential floor area ratio of up to 2.
line 10 (b) A local government may still enact and enforce standards,
line 11 including an inclusionary zoning requirement that applies generally
line 12 within the jurisdiction, that do not, alone or in concert, prevent
line 13 achieving the applicable development standards of subdivision
line 14 (a).
line 15 (c) If a development proposes a height under this section in
line 16 excess of the local height limit, then a local government shall not
line 17 be required to grant a waiver, incentive, or concession pursuant to
line 18 Section 65915 for additional height beyond that specified in this
line 19 section, except as provided in subparagraph (D) of paragraph (2)
line 20 of subdivision (d) of Section 65915.
line 21 (d) Notwithstanding any other law, a housing development
line 22 project that meets any of the eligibility criteria under subdivision
line 23 (a) and is immediately adjacent to a Tier 1, Tier 2, or Tier 3
line 24 transit-oriented development stop shall be eligible for an adjacency
line 25 intensifier to increase the height limit by an additional 20 feet, the
line 26 maximum density standard by an additional 40 dwelling units per
line 27 acre, and the residential floor area ratio by 1.
line 28 (e) A development proposed pursuant to this section shall
line 29 comply with the antidisplacement requirements of Section 66300.6.
line 30 This subdivision shall apply to any city or county.
line 31 (f) A development proposed pursuant to this section shall include
line 32 housing for lower income households in one of the following ways:
line 33 (1) If there is a local inclusionary zoning ordinance or affordable
line 34 housing fee, it shall comply with the requirements of that ordinance
line 35 or fee.
line 36 (2) (A) If there is no local inclusionary ordinance or affordable
line 37 housing fee, a development of more than 10 units shall meet the
line 38 requirements to qualify for a density bonus pursuant to subdivision
line 39 (b) of Section 65915 or a local ordinance.
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line 1 (B) This paragraph shall not apply to any development of 10
line 2 units or less.
line 3 (g) For purposes of subdivision (j) of Section 65589.5, a
line 4 proposed housing development project that is consistent with the
line 5 applicable standards from this chapter shall be deemed consistent,
line 6 compliant, and in conformity with an applicable plan, program,
line 7 policy, ordinance, standard, requirement, or other similar provision.
line 8 This subdivision shall not require a ministerial approval process
line 9 or modify the requirements of Division 13 (commencing with
line 10 Section 21000) of the Public Resources Code.
line 11 (h) A local government that denies a housing development
line 12 project meeting the requirements of this section that is located in
line 13 a high-resource area shall be presumed to be in violation of the
line 14 Housing Accountability Act (Section 65589.5) and immediately
line 15 liable for penalties pursuant to subparagraph (B) of paragraph (1)
line 16 of subdivision (k) of Section 65589.5, unless the local government
line 17 demonstrates, pursuant to the standards in subdivisions (j) and (o)
line 18 of Section 65589.5, that it has a health, life, or safety reason for
line 19 denying the project.
line 20 65912.158. (a) Notwithstanding any other provision of this
line 21 chapter, a transit agency may adopt objective standards for both
line 22 residential and commercial developments proposed to be
line 23 constructed on land owned by the transit agency or on which the
line 24 transit agency has a permanent operating easement, if the land is
line 25 within one-half mile of a transit-oriented development stop and
line 26 the objective standards allow for the same or greater development
line 27 intensity as that allowed by local standards or applicable state law.
line 28 (b) The board of a transit agency may vote to designate a major
line 29 transit stop served by the agency as a Tier 3 transit-oriented
line 30 development stop for the purposes of this section.
line 31 65912.159. (a) A housing development project proposed
line 32 pursuant to Section 65912.157 shall be eligible for streamlined
line 33 ministerial approval pursuant to Section 65913.4 in accordance
line 34 with all of the following:
line 35 (1) The proposed project shall be exempt from subparagraph
line 36 (A) of paragraph (4) of, paragraph (5) of, and clause (iv) of
line 37 subparagraph (A) of paragraph (6) of, subdivision (a) of Section
line 38 65913.4.
line 39 (2) The proposed project shall comply with the affordability
line 40 requirements in subclauses (I) to (III), inclusive, of clause (i) of
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SB 79 — 11 —
line 1 subparagraph (B) of paragraph (4) of subdivision (a) of Section
line 2 65913.4.
line 3 (3) The proposed project shall comply with all other
line 4 requirements of Section 65913.4, including, but not limited to, the
line 5 prohibition against a site that is within a very high fire hazard
line 6 severity zone, pursuant to subparagraph (D) of paragraph (6) of
line 7 subdivision (a) of Section 65913.4.
line 8 (b) Any housing development proposed pursuant to Section
line 9 65912.157 not seeking streamlined approval under Section 65913.4
line 10 shall be reviewed according to the jurisdiction’s development
line 11 review process and Section 65589.5, except that any local zoning
line 12 standard conflicting with the requirements of this chapter shall not
line 13 apply.
line 14 65912.160. (a) The department shall oversee compliance with
line 15 this chapter, including, but not limited to, promulgating standards
line 16 on how to account for capacity pursuant to this chapter in a city
line 17 or county’s inventory of land suitable for residential development,
line 18 pursuant to Section 65583.2.
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 described in paragraph (1) shall not be
line 28 considered a project under Division 13 (commencing with Section
line 29 21000) of the Public Resources Code.
line 30 (3) (A) A local government shall submit a copy of any
line 31 ordinance enacted pursuant to this section to the department within
line 32 60 days of enactment.
line 33 (B) Upon receipt of an ordinance pursuant to this paragraph,
line 34 the department shall review that ordinance and determine whether
line 35 it complies with this section. If the department determines that the
line 36 ordinance does not comply with this section, the department shall
line 37 notify the local government in writing and provide the local
line 38 government a reasonable time, not to exceed 30 days, to respond
line 39 before taking further action as authorized by this section.
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line 1 (C) The local government shall consider any findings made by
line 2 the department pursuant to subparagraph (B) and shall do one of
line 3 the following:
line 4 (i) Amend the ordinance to comply with this section.
line 5 (ii) Enact the ordinance without changes. The local government
line 6 shall include findings in its resolution adopting the ordinance that
line 7 explain the reasons the local government believes that the
line 8 ordinance complies with this section despite the findings of the
line 9 department.
line 10 (D) If the local government does not amend its ordinance in
line 11 response to the department’s findings or does not adopt a resolution
line 12 with findings explaining the reason the ordinance complies with
line 13 this section and addressing the department’s findings, the
line 14 department shall notify the local government and may notify the
line 15 Attorney General that the local government is in violation of this
line 16 section.
line 17 65912.161. (a) A local government may enact a local
line 18 transit-oriented development alternative plan as an amendment to
line 19 the housing element and land use element of its general plan,
line 20 subject to review by the department.
line 21 (1) (A) A local transit-oriented development alternative plan
line 22 shall maintain at least the same total increase in feasible zoned
line 23 capacity, in terms of both total units and residential floor area, as
line 24 provided for in this chapter across all transit-oriented development
line 25 zones within the jurisdiction.
line 26 (i) The plan shall not reduce the capacity in any station area, in
line 27 total units or residential floor area, by more than 50 percent.
line 28 (ii) The plan shall not reduce the allowed density for any
line 29 individual site allowing residential use by more than 50 percent
line 30 below that permitted under this chapter.
line 31 (iii) A site’s maximum feasible capacity counted toward the
line 32 plan shall be not more than 200 percent of the maximum density
line 33 established under this chapter.
line 34 (B) For the purposes of this paragraph, both of the following
line 35 definitions apply:
line 36 (i) “Feasible” means capable of being accomplished in a
line 37 successful manner within a reasonable period of time, taking into
line 38 account economic, environmental, social, and technological factors.
line 39 (ii) “Transit-oriented development zone” means the eligible
line 40 area around a qualifying transit-oriented development stop.
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SB 79 — 13 —
line 1 (2) A local transit-oriented development alternative plan may
line 2 designate any other major transit stop or stop along a high-quality
line 3 transit corridor that is not already identified as a transit-oriented
line 4 development stop as a Tier 3 transit-oriented development stop.
line 5 A local transit-oriented development plan consisting solely of
line 6 adding additional major transit stops as transit-oriented
line 7 development stops shall be exempt from the requirements of
line 8 paragraph (4).
line 9 (3) A local transit-oriented development alternative plan may
line 10 consist of an existing local transit-oriented zoning ordinance,
line 11 overlay zone, specific plan, or zoning incentive ordinance, provided
line 12 that it applies to all residential properties within the transit-oriented
line 13 development area and provides at least the same total feasible
line 14 capacity for units and floor area as Section 65912.157.
line 15 (4) Prior to enacting a local transit-oriented development
line 16 alternative plan, the local government shall submit the draft plan
line 17 to the department for review. The submission shall include any
line 18 amendments to the local zoning ordinances, any applicable
line 19 objective design standards that would apply to transit-oriented
line 20 developments, and assessments of the plan’s impact on
line 21 development feasibility and fair housing. The department shall
line 22 assess whether the plan maintains at least an equal feasible
line 23 developable housing capacity as the baseline established under
line 24 this section as well as the plan’s effects on fair housing relative to
line 25 the baseline established under this section, and shall recommend
line 26 changes to remove unnecessary constraints on housing from the
line 27 plan.
line 28 (b) Section 65912.157 shall not apply within a jurisdiction that
line 29 has a local transit-oriented alternative plan that has been approved
line 30 by the department as satisfying the requirements of this section in
line 31 effect. The department’s approval pursuant to this subdivision
line 32 shall be valid through the jurisdiction’s next amendment to the
line 33 housing element of its general plan.
line 34 65912.162. The Legislature finds and declares that the state
line 35 faces a housing crisis of availability and affordability, in large part
line 36 due to a severe shortage of housing, and solving the housing crisis
line 37 therefore requires a multifaceted, statewide approach, including,
line 38 but not limited to, encouraging an increase in the overall supply
line 39 of housing, encouraging the development of housing that is
line 40 affordable to households at all income levels, removing barriers
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— 14 — SB 79
line 1 to housing production, expanding homeownership opportunities,
line 2 and expanding the availability of rental housing, and is a matter
line 3 of statewide concern and is not a municipal affair as that term is
line 4 used in Section 5 of Article XI of the California Constitution.
line 5 Therefore, this chapter applies to all cities, including charter cities.
line 6 SEC. 2. Section 21080.26.5 is added to the Public Resources
line 7 Code, to read:
line 8 21080.26.5. (a) For the purposes of this section, “public
line 9 project” means a project constructed by either a public agency or
line 10 private entity, that, upon the completion of the construction, will
line 11 be operated by a public agency.
line 12 (b) This division shall not apply to a public or private residential,
line 13 commercial, or mixed-use project that, at the time the project
line 14 application is filed, is located entirely or principally on land owned
line 15 by a public transit agency, or fully or partially encumbered by an
line 16 existing operating easement in favor of a public transit agency,
line 17 and that includes at least one of the following:
line 18 (1) A project component identified in paragraphs (1) to (5),
line 19 inclusive, or paragraph (7) of subdivision (b) of Section 21080.25.
line 20 (2) A public project for passenger rail service facilities, other
line 21 than light rail service eligible under paragraph (5) of subdivision
line 22 (b) of Section 21080.25, including the construction,
line 23 reconfiguration, or rehabilitation of stations, terminals, rails,
line 24 platforms, or existing operations facilities, which will be
line 25 exclusively used by zero-emission or electric trains. The project
line 26 shall be located on land owned by a public transit agency, or land
line 27 fully or partially encumbered by an existing operating easement
line 28 in favor of a public transit agency, at the time the project
line 29 application is filed.
line 30 (3) An agreement between the project applicant and public
line 31 transit agency that owns the land or has the permanent operating
line 32 easement to finance transit capital infrastructure, transit
line 33 maintenance, or transit operations, including through a proposed
line 34 public financing district, community financing district, or tax
line 35 increment generated by the project.
line 36 (c) If the project described in paragraph (1) of subdivision (b)
line 37 is located on land fully or partially encumbered by an existing
line 38 operating easement in favor of a public transit agency at the time
line 39 the project application is filed, the transit agency, the grantor of
line 40 the easement, and all fee owners of the property encumbered by
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SB 79 — 15 —
line 1 the easement must sponsor or consent to the application. Nothing
line 2 in this section shall be interpreted to authorize a transit agency to
line 3 construct a project described in paragraph (1) of subdivision (b)
line 4 unless permitted by its operating easement or unless the easement
line 5 is terminated, in each case prior to the commencement of
line 6 construction.
line 7 (d) If a project described in subdivision (b) requires the
line 8 construction of new passenger rail storage and maintenance
line 9 facilities at a publicly or privately owned offsite location distinct
line 10 from the principal project site, then that project shall be considered
line 11 a wholly separate project from the project described in subdivision
line 12 (b) and shall not be exempt from this division. Any required
line 13 environmental review shall not affect or render invalid the
line 14 exemption provided in subdivision (b), regardless of whether the
line 15 project described in subdivision (b) cannot proceed unless the
line 16 offsite facilities are constructed.
line 17 SEC. 3.
line 18 SEC. 2. The provisions of this act are severable. If any
line 19 provision of this act or its application is held invalid, that invalidity
line 20 shall not affect other provisions or applications that can be given
line 21 effect without the invalid provision or application.
line 22 SEC. 4.
line 23 SEC. 3. 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 government or school district has the authority to levy
line 26 service charges, fees, or assessments sufficient to pay for the
line 27 program or level of service mandated by this act, within the
line 28 meaning of Section 17556 of the Government Code.
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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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— 2 — SB 429
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
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— 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 MAY 23, 2025
AMENDED IN SENATE APRIL 8, 2025
AMENDED IN SENATE MARCH 24, 2025
SENATE BILL No. 454
Introduced by Senator McNerney
(Coauthors: Senators Arreguín and Limón)
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. water.
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 bill, which would become operative upon an appropriation
by the Legislature, would enact a PFAS mitigation program. As part
of that program, the 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
specified purposes. The bill would authorize the state board to seek out
and deposit nonstate, federal, and private funds, require those funds to
be deposited into the PFAS Mitigation Fund, and continuously
appropriate the nonstate, federal, and private funds in the fund to the
96
state board for specified purposes, thereby making an appropriation.
purposes. 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 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, board to adopt
guidelines to implement these provisions, as provided.
Vote: 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. 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.
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— 2 — SB 454
line 1 (3) Perfluoroalkyl and polyfluoroalkyl substances (PFAS)
line 2 continues to be used in a broad range of industrial processes and
line 3 in manufacturing products because of their water and stain resistant,
line 4 nonstick, surfactant, and other properties, including for making
line 5 packaging, plastic food ware, cleaning products, ski waxes,
line 6 menstrual products, metal products, propellants, coatings and
line 7 paints, and much more, despite the growing body of evidence that
line 8 these chemicals may leach into food, water supplies, and even the
line 9 human body through exposures.
line 10 (4) Concentrated PFAS contamination in the environment
line 11 creates cumulative health burdens resulting in communities with
line 12 greater health risks, such as cancer, reproductive health and fertility
line 13 effects, and immune system disorders.
line 14 (5) PFAS makes its way into community water supplies and
line 15 wastewater. Water suppliers and wastewater treatment operators
line 16 are not responsible for the introduction of PFAS into the
line 17 environment, yet these local agencies are responsible for treating
line 18 our water and wastewater.
line 19 (6) Enhancing the long-term sustainability of drinking water
line 20 systems and wastewater systems for all communities increases our
line 21 communities’ resilience and environmental safety.
line 22 (7) Funding for the infrastructure to treat PFAS in water
line 23 supplies, including recycled water, and wastewater systems under
line 24 this chapter promotes investments for communities, including
line 25 disadvantaged communities, and important contributions to those
line 26 communities in adapting to a cleaner climate and environment.
line 27 (b) It is the intent of the Legislature that true environmental
line 28 justice be brought to our state by addressing PFAS contamination,
line 29 including the continuing disproportionate environmental burdens
line 30 in the state and on passive receivers by creating a fund to provide
line 31 for the treatment of PFAS in water, wastewater, and recycled water.
line 32 (c) It is further the intent of the Legislature that the state board,
line 33 in managing the fund, strive to ensure all regions of the state
line 34 receive an equitable level of consideration for funding pursuant
line 35 to this chapter, to the extent practicable.
line 36
line 37 Article 2. PFAS Mitigation Fund
line 38
line 39 116774.21. For the purposes of this chapter, the following
line 40 definitions apply:
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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 (b) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS”
line 4 means a class of fluorinated organic chemicals containing at least
line 5 one fully fluorinated carbon atom.
line 6 (c) “Recycled water” has the same meaning as defined in
line 7 subdivision (n) of Section 13050 of the Water Code.
line 8 (d) “Sewer service provider” has the same meaning as defined
line 9 in subdivision (n) of Section 13288 of the Water Code.
line 10 (e) “State board” means the State Water Resources Control
line 11 Board.
line 12 (f) “Water supplier” means a local public agency or private
line 13 company supplying or storing water, or a mutual water company.
line 14 116774.22. (a) The PFAS Mitigation Fund is hereby created
line 15 in the State Treasury. Upon appropriation by the Legislature,
line 16 moneys deposited into the fund shall be available for the state
line 17 board to expend consistent with the purposes of this chapter.
line 18 (b) The state board may seek out and deposit nonstate, federal,
line 19 and private funds into the fund for purposes of this chapter. The
line 20 state board may establish accounts within the fund.
line 21 Notwithstanding Section 13340 of the Government Code, the
line 22 nonstate, federal, and private funds in the fund shall be
line 23 continuously appropriated without regard to fiscal years to the
line 24 state board for purposes of this chapter.
line 25 116774.23. (a) The state board may expend moneys from the
line 26 fund in the form of a grant, loan, or contract, or to provide technical
line 27 assistance services to water suppliers and sewer system providers
line 28 for one or more of the following purposes:
line 29 (1) Cover or reduce the costs for water suppliers associated with
line 30 treating drinking water, including recycled water, to meet the
line 31 applicable state advisory levels and applicable state and federal
line 32 maximum PFAS contaminant levels.
line 33 (2) (A) Cover or reduce the costs for sewer system providers
line 34 associated with treating wastewater or recycled water to reduce or
line 35 remove PFAS.
line 36 (B) Upon the establishment of state or federal standards
line 37 regarding treating wastewater or recycled water to reduce or
line 38 remove PFAS, cover or reduce the costs for sewer system providers
line 39 to meet the applicable standards.
96
— 4 — SB 454
line 1 (3) Cover or reduce the costs for water suppliers or sewer system
line 2 providers associated with proper disposal of PFAS contamination
line 3 after treating drinking water supplies, recycled water, or
line 4 wastewater.
line 5 (4) Any other costs an applicant claims are associated with the
line 6 removal of PFAS in drinking water, recycled water, and
line 7 wastewater.
line 8 (b) Eligible expenditures made pursuant to subdivision (a) shall
line 9 include, but not be limited to, all of the following:
line 10 (1) Construction of a new treatment facility or to upgrade an
line 11 existing treatment facility that addresses PFAS contamination.
line 12 (2) Infrastructure related to monitoring PFAS.
line 13 (3) The costs associated with planning, design, and infrastructure
line 14 for eligible projects.
line 15 (c) The state board may expend no more than 5 percent of the
line 16 total moneys available in the fund for the purposes of administering
line 17 the fund.
line 18 116774.24. In order to be eligible for funds pursuant to this
line 19 chapter, a water supplier or sewer system provider shall include a
line 20 clear and definite purpose for how the funds will be used to provide
line 21 benefits to their community related to safe drinking water, recycled
line 22 water, or treated wastewater.
line 23 116774.25. (a) On or before July 1, 2027, the The state board
line 24 shall adopt guidelines to implement this chapter.
line 25 (b) The development of the guidelines shall include, but not be
line 26 limited to, all of the following:
line 27 (1) Specific funding criteria from each funding source.
line 28 (2) Identification of minimum and maximum grant amounts,
line 29 based on percentage of the total annual moneys available.
line 30 (3) Opportunities for public comment, where the state board
line 31 shall solicit stakeholder input by doing both of the following:
line 32 (A) Notify the public when draft guidelines are posted on the
line 33 state board’s internet website.
line 34 (B) Conduct two public workshops on the draft guidelines to
line 35 receive and consider public comment prior to finalizing the
line 36 guidelines.
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SB 454 — 5 —
line 1 Article 3. General Provisions
line 2
line 3 116774.26. Actions taken to implement, interpret, or make
line 4 specific this chapter are not subject to the Administrative Procedure
line 5 Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of
line 6 Division 3 of Title 2 of the Government Code).
line 7 116774.27. This chapter does not expand any obligation of the
line 8 state to provide resources for the provisions of this chapter or to
line 9 require the expenditure of additional resources beyond the amount
line 10 of moneys deposited in the fund.
line 11 116774.28. The Legislature finds and declares that participation
line 12 in an activity authorized for funding from the fund or a contribution
line 13 to the fund by a federal, state, or local agency serves a public
line 14 purpose and does not constitute a gift of public funds within the
line 15 meaning of Section 6 of Article XVI of the California Constitution.
line 16
line 17 Article 4. Contingent Operation
line 18
line 19 116774.29. This chapter shall become operative contingent
line 20 upon an appropriation by the Legislature for its purposes.
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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 —
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.
99
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
99
— 2 — SB 616
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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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.
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SB 616 — 9 —
SENATE RULES COMMITTEE
Office of Senate Floor Analyses
(916) 651-1520 Fax: (916) 327-4478
SB 707
THIRD READING
Bill No: SB 707
Author: Durazo (D), et al.
Amended: 5/29/25
Vote: 21
SENATE LOCAL GOVERNMENT COMMITTEE: 5-0, 4/2/25
AYES: Durazo, Arreguín, Laird, Seyarto, Wiener
NO VOTE RECORDED: Choi, Cabaldon
SENATE JUDICIARY COMMITTEE: 9-0, 4/22/25
AYES: Umberg, Arreguín, Ashby, Durazo, Laird, Stern, Wahab, Weber Pierson,
Wiener
NO VOTE RECORDED: Niello, Allen, Caballero, Valladares
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Open meetings: meeting and teleconference requirements
SOURCE: Author
DIGEST: This bill makes various changes to the rules for local agencies to hold
public meetings pursuant to the Ralph M. Brown Act (Brown Act).
Senate Floor Amendments of 5/29/25 (1) alter requirements for teleconferencing
flexibility; (2) remove expansion of definitions for “meeting” and “legislative
body,” and provisions related to closed meetings; (3) modifies the requirement for
certain local agencies to provide remote participation for the public; (4) modifies
translation and interpretation provisions; and (5) makes other technical and
clarifying changes.
SB 707
Page 2
ANALYSIS:
Existing law:
1) Guarantees, pursuant to Article I, Section 3 of the California Constitution, that
“the people have the right to instruct their representatives, petition government
for redress of grievances, and assemble freely to consult for the common
good.” This includes a right to access information concerning the meetings
and writings of public officials.
2) Requires, pursuant to the Constitution, local agencies to comply with certain
state laws that outline the basic requirements for public access to meetings and
public records. If a subsequent bill modifies these laws, it must include
findings demonstrating how it furthers the public’s access to local agencies and
their officials.
3) Provides, under the Ralph M. Brown Act, guidelines for how local agencies
must hold public meetings:
a) Defines a “meeting” as “any congregation of a majority of the members of
a legislative body at the same time and location, including teleconference
locations, to hear, discuss, deliberate, or take action on any item that is
within the subject matter jurisdiction of the legislative body.”
b) Requires local agencies to notice meetings in advance, including the
posting of an agenda, and requires these meetings to be open and
accessible to the public.
c) Requires members of the public to have an opportunity to comment on
agenda items, and generally prohibits deliberation or action on items not
listed on the agenda.
d) If a member of the public, including the respective district attorney,
believes a local agency violated the Brown Act, it must first send an order
to the local agency to correct the violation. If the local agency disagrees
with the complaint and does not correct it, the submitter can pursue the
complaint through the courts. If the court agrees with the complaint,
outcomes range from invalidating certain actions of the local agency to a
misdemeanor.
4) Authorizes the legislative body of a local agency to use teleconferencing for
the benefit of the public and the legislative body of a local agency in
SB 707
Page 3
connection with any meeting or proceeding authorized by law, provided that
the teleconferenced meeting complies with all of the following conditions:
a) Teleconferencing, as authorized, may be used for all purposes in
connection with any meeting within the subject matter jurisdiction of the
legislative body. All votes taken during a teleconferenced meeting must be
by rollcall.
b) If the legislative body elects to use teleconferencing, it must post agendas
at all teleconference locations and conduct teleconference meetings in a
manner that protects the statutory and constitutional rights of the parties or
in the public appearing before the legislative body of the local agency.
c) Each teleconferencing location must be identified in the notice and agenda
of the meeting or proceeding, and each teleconference location must be
accessible to the public.
d) During the teleconference, at least a quorum of the members of the
legislative body shall participate from locations within the boundaries of
the territory over which the local agency exercised jurisdiction, except as
otherwise specified.
e) The agenda must provide an opportunity for members of the public to
address the legislative body directly, as the Brown Act requires for in-
person meetings, at each teleconference location.
f) For purposes of these requirements, “teleconference” means a meeting of a
legislative body, the members of which are in different locations,
connected by electronic means, through either audio or video, or both.
5) Authorizes, until January 1, 2026, a local agency to use teleconferencing for a
public meeting without complying with the Brown Act’s teleconferencing
quorum, meeting notice, and agenda requirements, in any of the following
circumstances:
a) The legislative body holds a meeting during a proclaimed state of
emergency as specified;
b) Allows members of legislative bodies to participate remotely for “just
cause” and “emergency circumstances” as specified.
c) The legislative body is a community college student organization or a
neighborhood council.
SB 707
Page 4
This bill:
1) Revises and recasts existing alternative teleconferencing provisions, until
January 1, 2030, by providing a standard set of requirements that must be
complied with, including:
a) Clearly identifying the location of the in-person meeting on the agenda,
which must be open to the public and within the boundaries of the local
agency’s jurisdiction;
b) Providing means by which the public may remotely hear and visually
observe the meeting, and remotely address the legislative body;
c) Providing notice of the means for the public to access the meeting and
offer public comment;
d) Identifying and including an opportunity for all persons to attend and
address the legislative body directly via a call-in or internet-based service
option, including at any in-person location;
e) Including in meeting minutes any member of the legislative body who
participates from a remote location;
f) Having and implementing a procedure for receiving and swiftly resolving
requests for reasonable accommodations for individuals with disabilities;
g) Requiring instructions on joining the meeting by the telephonic or internet-
based service option be made available 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 speaks English less than “very
well” and jointly speaks a language other than English according to data
from the most recent American Community Survey or data from an equally
reliable source; and
h) Identifying and making available to subsidiary bodies a list of meeting
locations they may use to conduct their meetings.
2) Authorizes, until January 1, 2030, alternative teleconferencing provisions for
an eligible subsidiary body, which is defined as one which:
a) Serves exclusively in an advisory capacity;
b) Cannot take final action on legislation, regulations, contracts, licenses,
permits, or any other entitlements, grants, or allocations of funds;
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c) Does not have a majority of its membership made up of members of the
legislative body that created it or its staff; and
d) Does not have subject matter jurisdiction over elections, budgets, police
oversight, or removing materials from, or restricting access to, library
materials.
3) Authorizes, until January 1, 2030, alternative teleconferencing provisions for
an eligible multijurisdictional body, which is defined as a legislative body that
includes representatives from more than one county, city, city and county,
special district, or joint powers entity.
4) Expands the teleconferencing flexibility authorized during state-declared
emergencies to include local emergencies.
5) Removes the requirement for the legislative body to approve each instance a
member of the legislative body wants to participate remotely for “emergency
circumstances,” and applies the same rules for participating remotely for “just
cause” to “emergency circumstances.”
6) Specifies that “just cause” teleconference flexibility does not limit the ability
of a legislative body to use another alternative teleconferencing provision
provided for under the Brown Act.
7) Lowers the vote requirement to a simple majority for members of a
neighborhood council to meet via teleconference.
8) Allows members of legislative bodies with physical or mental disabilities to
participate remotely and count towards any applicable in-person quorum
requirements.
9) Requires eligible legislative bodies to:
a) Provide a two-way telephonic option or audiovisual platform for the public
at all their open and public meetings. If it elects to use a two-way
audiovisual platform, it must publicly post and provide a call-in option,
and have active captioning functions included in the system.
b) Make efforts to encourage residents, including those in underrepresented
communities and non-English-speaking communities, to participate in
public meetings, by creating and maintaining a public meetings website
and providing public meeting information to the public, as specified.
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10) Removes the ability of any legislative body to decline to provide public
comment on items previously discussed in committee before they come to the
full legislative body.
11) Expands language access services, as specified, including requiring legislative
bodies to translate their agendas in all other languages spoken jointly by 20%
or more of the population in the county in which the local agency is located
that speaks English less than “very well” and jointly speaks a language other
than English according to data from the most recent American Community
Survey or data from an equally reliable source.
12) Makes various other changes to the Brown Act.
Background
On March 19, 2025, the Senate Local Government held a hearing on the Brown
Act called Meeting the Moment: Strengthening Community Voices in Local
Government Meetings. At this hearing, the Committee:
Heard from experts on the factors that make for effective local meetings;
Learned strategies for communicating with the community throughout
disasters;
Considered different local agencies’ experiences holding public meetings; and
Engaged with community groups to identify strategies to improve local agency
meetings.
The Committee heard that public meetings are an imperfect, but valuable, tool for
public participation, and key to democratic responsibility. The challenge local
agencies face is a gap between what is administratively sustainable and politically
acceptable. The City of Los Angeles brought up their recent experiences dealing
with the aftermath of the January 2025 fires, and setting up disaster recovery
centers as well as worker and family support centers, ensuring those affected,
regardless of their language ability, had access to services. Various local agencies
highlighted the challenges they have faced with disruptions during teleconferenced
meetings, and, along with some community groups, expressed an interest in further
expansion of recent teleconference flexibility. Finally, the Committee heard
concerns about how additional flexibility could lead to public transparency
challenges. For more information on the Brown Act, please see the Committee’s
backgrounder and recording of the meeting.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
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SUPPORT: (Verified 5/29/25)
California Association of Licensed Investigators
Democratic Party of the San Fernando Valley
Hispanas Organized for Political Equality
LA Defensa
North Westwood Neighborhood Council, All Voting Members
Streets for All
OPPOSITION: (Verified 5/29/25)
City of La Verne
City of Redwood City
County of Kern
County of Shasta
County of Solano
Town of Hillsborough
ARGUMENTS IN SUPPORT: According to the author, “SB 707 will modernize
Brown Act rules for government bodies to improve transparency and allow public
access to their governments. This bill will allow governments to better serve their
communities and increase the public’s access to meetings, especially for disabled,
working, and non-English speaking communities. I am proud to author SB 707
because we must take steps to strengthen our governments and empower our
community members to be engaged. Ultimately, we hope to create robust
meetings and increase participation across the state.”
ARGUMENTS IN OPPOSITION: According to the County of Kern, “I am
writing on behalf of the Kern County Board of Supervisors to express our concerns
with SB 707, which would impose unfunded mandates on local governments and
significantly increase administrative and financial burdens without providing state
reimbursement. While we support public access and transparency in government,
SB 707 imposes impractical and costly requirements that would strain county
resources and create logistical challenges in conducting public meetings.”
Prepared by: Jonathan Peterson / L. GOV. / (916) 651-4119
6/2/25 23:06:12
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