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HomeMy WebLinkAbout032426 3.1 TO: Mayor and Town Council March 24, 2026 SUBJECT: March Legislative Report BACKGROUND Historically, over 2,000 bills are introduced in the legislature each year. For the 2026 Legislative session, legislators had until February 20 to introduced new legislation. This session has seen the lowest number of bill introductions in the past twenty years, with 1,798 introductions. This is due to both chambers adopting new rules last session limiting the number of bill introductions to 35 bills per member. Through the month of March, the Legislature will continue to move bills through the legislative process with the first round of policy committee hearings. These hearings serve as an important benchmark for determining which proposed bill will move forward, and which will be amended or fail to process. The Legislature will adjourn for spring recess March 26 through April 5. Upon returning, policy committees will have until May 1 to hear and pass bills to the floor for a full chamber vote. 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 2026 State Legislative session including: Transportation and Infrastructure, Climate, Environment, and Health, Public Safety, Economic Development, Affordable Housing and Homelessness, Mental Health, and Fiscal Sustainability and General Governance. The bills and positions that are a priority for the Tri-Valley coalition are discussed in the second half of this report. The following bills have been identified as having an impact on Danville. March Legislative Update 2 March 24, 2026 AB 1421 (Wilson) Vehicles: Road Usage Charge Technical Advisory Committee This bill would require the California Transportation Commission, in consultation with the Transportation Agency, to consolidate and prepare research and recommendations related to a road user charge or a mileage-based fee system. The bill would require the commission to submit a report on the research and recommendations to the appropriate policy and fiscal committees for the Legislature no later than January 1, 2027. The bill would require the commission to consult with appropriate state agencies and other stakeholders in preparing the research and recommendations. (Fiscal Sustainability & General Governance) Position: Watch AB 2139 (Garcia) Surplus lands: economic opportunities. This bill would exempt from the requirements for the disposal of surplus property the disposal of real property acquired by a local agency on or after, January 1, 2029, for the purpose of creating an economic opportunity, when the local agency adopts a specified resolution that includes plans for anticipated improvement and future use of the property and disposes of the property to a public or private entity consistent with the planned used identified in the resolution. (Economic Development) Recommended Position: Support SB 222 (Weiner) Residential heat pump systems: water heaters and HVAC: installations. The bill would require a city, county, or city and county, on or before July 1, 2028, to implement an online, automated permitting process that issues permits in real time to a licensed contractor for the installation of a residential heat pump water heater or residential heat pump HVAC system that meets certain criteria. (Fiscal Sustainability & General Governance) Recommended Position: Oppose The following bill(s) have been identified as legislation to track during the 2026 Legislative Session by the Tri-Valley Cities Coalition. AB 1557 (Papan) Vehicles: electric bicycles. This bill would redefine class 1, and class 2 electric bicycles, and would also prohibit a manufacturer from equipping and a retailer from offering for sale or advertising, a device labeled as an electric bicycle with a motor capable of exceeding 750 watts of peak power; and any device labeled as a class 1 or class 2 e-bike with a motor that is capable of exceeding 250 watts of continuous power or that is capable of providing assistance to reach speeds greater than 16 miles per hour. (Public Safety) Recommended TVC Position: Support AB 1569 (Davies) Pupil safety: electric bicycle parking: safety program. This bill would require schools that allows students in grades K-12, to park a class 1, 2, March Legislative Update 3 March 24, 2026 or 3 electric bicycle on campus during regular school hours, to adopt a policy requiring described students to complete the electric bicycle safety and training program developed by the Department of California Highway Patrol or a related safety course as conditions for parking on campus. The bill would also require described students to submit proof of completion of the course to their school before parking their bicycle on the school campus during school hours. The bill would exempt schools that adopted a policy related to electric bicycle safety, on or before January 1, 2027, from the above- described requirements. (Public Safety) Recommended TVC Position: Concern AB 1614 (Dixon) Vehicles: bicycles. This bill would require a person operating a bicycle, including electric bicycles, on a Class I bikeway to ride on or astride a permanent or regular seat unless designed to be ridden without a seat. The bill also requires passengers to be on a separate seat attached to the bicycle. (Public Safety) Recommended TVC Position: Support AB 1632 (Johnson) Trespass. Existing law requires a property owner, or owner’s agent, that makes a single request for peace office assistance with trespassing when there is a fire hazard to the premises or property, the owner is absent from the premises or property, or the premises or property is closed to the public and posted as being closed. for a period not exceeding 12 months. Existing law also requires the requestor to notify the requested law enforcement agency when assistance is no longer needed by submitting a notarized form. This bill would remove the requirement that submitted form be notarized and will extend the maximum period of time for a request to 3 years. (Public Safety) Recommended TVC Position: Support AB 1708 (Solache) Homeless Housing, Assistance, and Prevention program: round 7. This bill would require a continuum of care receiving funding pursuant to round 7, to allocate funds to a smaller jurisdiction, defined as a city with a population under 300,000. This bill would require a smaller jurisdiction, in order to be eligible, to adopt a resolution, have a compliant housing element, and have adopted a local encampment policy. (Affordable Housing & Homelessness) TVC Position: Support AB 1738 (Carrillo) State Housing Law: remote inspections. This bill would require a city, including a charter city, county, or city and county to offer a homeowner the option of requesting remote inspections for all or a subset of an inspection required by a building permit for specified works in one- or 2-family dwelling units, by July 1, 2027. (Fiscal Sustainability & General Governance) Recommended Position: Oppose March Legislative Update 4 March 24, 2026 AB 1751 (Quirk-Silva) Missing Middle Town home Ownership Act This bill would authorize a development proponent to submit an application for a townhome housing development project that is subject to a prescribed ministerial approval process if the development complies with certain procedural requirements and satisfies specified objective planning standards. The bill would also require a local agency to ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a townhome development project that meets all of specified requirements, including that the proposed subdivision will result in parcels and residential units that will meet prescribed densities and that the newly created parcels are no smaller than 600 square feet. (Affordable Housing & Homelessness) Recommended Position: Oppose AB 1821 (Pacheco) California Public Records Act: fees and agency response time. This bill would require, if a single request exceeds 2 hours of search time, or if the total requests by a requestor exceed 10 hours of search time in one month, the requestor to also submit to the agency a payment of fees in an amount determined by the agency as reasonable to compensate the agency for the administrative time of completing the requests. The bill would exempt from that requirement a journalist, a newspaper, and an educational or noncommercial scientific institution, as specified. The bill would define “search” for purposes of that requirement to mean to review, either manually or by automated means, agency records for the purpose of locating those records that are responsive to a request. (Fiscal Sustainability & General Governance) Recommended TVC Position: Support AB 1942 (Bauer-Kahan) Electric bicycles: registration and special license plates. This bill would require class 2 electric bicycles and class 3 electric bicycles to be registered with the Department of Motor Vehicles and to display a special license plate issued by the department. The bill would require the department to adopt regulations to implement these requirements and would make a person operating a class 2 or class 3 electric bicycle in violation of these requirements guilty of an infraction punishable by specified fines. (Public Safety) Recommended Position: Support AB 1997 (Lee) Land use: housing development approvals: timelines and processes. This bill would prohibit a plan, entitlement, or permit that has been approved by a previous local utility or agency from being overturned or revised by a subsequent utility or agency, unless the development proponent makes a material change to the project, as described. This bill would reduce various of those approval or disapproval timelines under the Permit Streamlining Act and would also require project approval or disapproval within 30 days from the date of certification by the lead agency of the EIR, if the EIR is prepared pursuant to specified provisions of CEQA and certain other conditions are met. (Affordable Housing & Homelessness) Recommended TVC Position: Oppose March Legislative Update 5 March 24, 2026 SB 922 (Laird) Vehicles: local agency charges: use of streets or highways. This bill would explicitly state that a fee, charge, or surcharge imposed by or for a local agency to recover the cost of street maintenance and repair and other costs associated with the use of its streets, roads, or highways to provide public service or public. (Transportation & Infrastructure) TVC Position: Support SB 959 (Grayson) Average daily attendance: emergencies: major safety hazard. Existing law allows local law enforcement agencies to determine an imminence of a major safety hazard resulting in school closure without impacting the average daily attendance for funding purposes. This bill would extend the authority to make the determination of the imminence of a major safety hazard to local fire agencies. (Public Safety) Recommended TVC Position: Support SB 1313 (McNerney) Public water systems: grants and loans: perfluoroalkyl and polyfluoroalkyl This bill would authorize the state board to fund projects, upon the appropriation of funds by the Legislature, through grants or loans to public water systems to address perfluoroalkyl and polyfluoroalkyl substances in drinking water or source water. The bill would prescribe sources from which those funds may originate and permissible activities for those projects. The bill would authorize the state board to implement the bill through a policy handbook or workplan exempt from the rulemaking provisions of the Administrative Procedure Act. (Climate, Environment and Health) Recommended TVC Position: Support Additional Advocacy Efforts The Tri-Valley Cities Council will meet on March 25. Agenda items include a legislative update from Townsend Public Affairs and the League of California Cities. 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 March Legislative Update 6 March 24, 2026 Reviewed by: Tai J. Williams Town Manager Attachment A – Bill Summaries/Analysis Attachment B – TVC Letter of Support AB 1708 (Solache) Attachment C – TVC Letter of Support SB 922 (Laird) AB 1421 Page 1 ASSEMBLY THIRD READING AB 1421 (Wilson) As Amended January 5, 2026 Majority vote SUMMARY Requires the California Transportation Commission (CTC), in consultation with the Transportation Agency (CalSTA) and other specified state, local and private entities, to consolidate and prepare research and recommendations related to a road user charge or a mileage-based fee system, which the CTC is to submit in a report to the Legislature by January 1, 2027. Major Provisions 1)Requires the CTC to prepare and submit a report to the appropriate policy and fiscal committees of the Legislature by January 1, 2027 that covers: a)Current and future inequities related to low-income drivers commuting farther in less efficient vehicles; b)The impact of a weight-per-mile fee for commercial and electric vehicles on the motor vehicle industry; and, c)Regional and state solutions for implementing a road user charge in California, including capturing out-of-state vehicles. 2)Requires the research and recommendations to incorporate existing findings from state and academic sources including the report CalSTA prepared pursuant to Section 3092.5. 3)Requires the CTC to consult with state agencies including but not limited to, the California Department of Transportation, the Department of Motor Vehicles, the California Department of Tax and Fee Administration, and the Controller, in addition to representatives of local governments, regional transportation planning agencies, privacy and data security experts, equity and environmental justice organizations, academic researchers, transportation user groups, and organizations representing zero-emission vehicle owners and manufacturers. COMMENTS Construction of the California's state highway system began in 1912 and today its transportation network today consists of approximately 394,383 miles of roadway, including 51,326 miles within the State Highway System, with the remainder being rural and urban roads. The state also has 25,737 bridges. California's highway system is the ninth largest in the country and needs significant and stable funding to maintain the infrastructure. California's network of roads, highways, and bridges are foundational to the state's transportation infrastructure which supports multimodal forms of travel including personal vehicles, public transit, rail, bicycle and pedestrian lanes, and freight. Transportation funding in California comes from federal, state, and local sources and was estimated to total $44 billion in 2022‑23. Roughly one‑fifth of funding comes from the federal ATTACHMENT A AB 1421 Page 2 government—primarily from federal excise taxes on gasoline and diesel. Federal funds are distributed on both a formula and competitive basis to the state and local governments. The state suballocates a portion of the federal funds it receives to local governments. Approximately one‑third of funding comes from state revenue sources—primarily state fuel taxes and vehicle fees. Most of these funds remain at the state level, with a smaller portion provided to local governments on both a formula and competitive basis. Slightly less than half of funding comes from local sources—such as local sales taxes and transit fares. State transportation funding is primarily supported by six different fuel taxes and vehicle fees. These sources are projected to generate $14.4 billion in 2024‑25 as shown in the figure below. In recognition of the increased need for additional funding to maintain California's transportation infrastructure, in 2017, the Legislature passed SB 1 (Beall), Chapter 5, Statutes of 2017, the Road Repair and Accountability Act (SB 1). SB 1 is forecast to provide roughly $6 billion in 2023-24 for road maintenance and additional funding for transit and safety projects. SB 1 also provided for an annual adjustment for inflation. The gas tax is the primary source of state funding for the state's transportation infrastructure system. Article XIX of the California Constitution mandates that the gas tax revenue be used exclusively for "research, planning, construction, improvement, maintenance, and operations of public streets and highways (and their related public facilities for nonmotorized traffic)" and the "research, planning, construction, and improvement of exclusive public mass transit guideways (and their related fixed facilities)." In addition to funding road maintenance, the gas tax funds transportation programs such as the State Highway System and Local Streets and Roads programs that support state, regional, and local government transportation projects. Advancements in the automotive industry and a desire to reduce the dependence on fossil fuels have led to the development of more fuel-efficient vehicles, such as hybrids and zero-emission vehicles (ZEVs). Recently, California's goals to reduce greenhouse gas (GHG) emissions have driven the adoption of more fuel-efficient vehicles, which has reduced fuel consumption. The growing adoption of zero‑emission vehicles and increasing fuel efficiency in internal combustion engine vehicles will lead to a decline in state transportation revenues over the long run, particularly from the gasoline excise tax. These revenue declines will affect state transportation programs. Funding provided to Caltrans' highway maintenance and rehabilitation programs and to cities and counties to support local streets and roads will be heavily impacted. According to a preliminary estimate by the California Transportation Commission, the state and local communities are facing a $31 billion shortfall over the next 10 years due to declining gas tax revenues. This problem is not unique to California. For example, Connecticut estimates that their gas tax revenues fell by 4.2% between 2012 and 2021 due primarily to vehicle electrification. West Virginia estimates that their gas tax revenue will fall 11–20% by 2030 and 31–50% by 2050 due to vehicle electrification. A recent study in Michigan estimated that despite ZEVs representing only 6% of the new vehicle market, vehicle electrification resulted in a funding deficit of $20.8 million in 2022. That funding deficit is expected to increase to over $95 million per year by 2030. In addition to the loss of revenue, the transition to cleaner and more fuel-efficient vehicles is not AB 1421 Page 3 benefitting all income groups equally. Lower-income individuals tend to drive older, less fuel- efficient vehicles and sometimes have to commute farther to work. Moreover, higher income persons have purchased a disproportionate share of ZEVs in the state. As a result, lower-income populations over time will pay more in gas taxes than moderate and high-income individuals. SB 1 included a transportation improvement fee that EV owners pay as part of the vehicle licensing process. However, this fee is relatively small compared to the average annual amount a combustion-engine vehicle's owner pays in gas taxes in a year. This disparity emphasizes the critical need to reevaluate the current gas tax model. This bill establishes a focused, research-driven process to inform future transportation funding decisions to replace declining gas tax revenues in a fair, sustainable and effective way to ensure the state's transportation infrastructure improvements meet Californians' needs. According to the Author "Robust and seamless multimodal transportation infrastructure is a cornerstone of economic opportunity. Nearly every trip begins on a city street or county road – whether by foot, bicycle, vehicle or mass transit. Our transportation system is critical for the movement of goods and services, supporting the world's fourth-largest economy and creating thousands of good-paying jobs statewide. As California leads the transition to fuel-efficient and zero-emission vehicles, we must modernize our transportation funding system. Most Californians agree that users of state and local roads should contribute to their maintenance, but the state's funding system for critical transportation improvements is becoming increasingly unfair, unaffordable, and unreliable. We need to continue to examine proposed solutions to address the state's funding needs in a way that is fair, affordable, transparent, and built to last." Arguments in Support The Fair Transportation Funding Coalition writes "As fuel-efficient and zero-emission vehicles (ZEVs) become more common on California roads, fewer drivers are paying their fair share of the user-based fuel taxes that local communities rely on to fix roads and bridges, enhance public safety and improve public transportation. According to the CTC, the transportation funding shortfall that the state and local communities are already facing is expected to grow by approximately $31 billion over the next 10 years. "Given the vital role of transportation infrastructure in supporting the world's fourth-largest economy, creating good-paying jobs and helping more than 39 million people get from one place to another, it is critical that we protect our ability to fund future fixes and enhancements. An evidence-based approach – grounded in research and community engagement – will help ensure that our system for funding improvements to California's transportation infrastructure is effective, fair and works for all Californians." Arguments in Opposition No opposition on file. FISCAL COMMENTS According to the Assembly Appropriations Committee, costs of an unknown, but significant amount, likely in the hundreds of thousands to low millions of dollars, for CTC, CalSTA and others to consolidate and prepare research and recommendations. Regardless of costs, because AB 1421 Page 4 the bill has the primary purpose of creating a study, it is a candidate for the committee's suspense file, consistent with the committee rules and its custom and practice. VOTES ASM TRANSPORTATION: 12-1-3 YES: Wilson, Aguiar-Curry, Ahrens, Carrillo, Harabedian, Hart, Jackson, Lackey, Papan, Ransom, Rogers, Ward NO: Macedo ABS, ABST OR NV: Davies, Hoover, Lowenthal ASM APPROPRIATIONS: 11-1-3 YES: Wicks, Stefani, Calderon, Caloza, Fong, Mark González, Krell, Bauer-Kahan, Pacheco, Pellerin, Solache NO: Ta ABS, ABST OR NV: Hoover, Dixon, Tangipa UPDATED VERSION: January 5, 2026 CONSULTANT: Farra Bracht / TRANS. / (916) 319-2093 0002217 california legislature—2025–26 regular session ASSEMBLY BILL No. 2139 Introduced by Assembly Member Garcia February 18, 2026 An act to add Section 54222.3.2 of the Government Code, relating to surplus land. legislative counsel’s digest AB 2139, as introduced, Garcia. Surplus lands: economic opportunities. Existing law prescribes requirements for the disposal of surplus land by a local agency, including sending a written notice of the availability of the property before disposal of that property or participating in negotiations to dispose of that property with a prospective transferee, as specified. Existing law specifies that certain disposals of land are not subject to these provisions, including, disposal of land by a city with a population exceeding 2,500,000 for certain purposes, as specified. Existing law authorizes a city, county, or city and county, with the approval of its legislative body by resolution after a public hearing, to acquire, sell, or lease property in furtherance of the creation of an economic opportunity, as defined. This bill would exempt from the requirements for the disposal of surplus property the disposal of real property acquired by a local agency on or after, January 1, 2029, for the purpose of creating an economic opportunity, when the local agency adopts a specified resolution that includes plans for anticipated improvement and future use of the property and disposes of the property to a public or private entity consistent with the planned used identified in the resolution. 99 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 54222.3.2 is added to the Government line 2 Code, to read: line 3 54222.3.2. This article shall not apply to the disposal of real line 4 property acquired by a local agency on and after, January 1, 2029, line 5 for the purpose of creating an economic opportunity pursuant to line 6 Section 52201, when that local agency does both of the following: line 7 (a)  Before acquiring the property, adopts a resolution authorizing line 8 the acquisition of the property and includes in that resolution the line 9 reasons for the acquisition of the property and plans for anticipated line 10 improvements and future use of the property. line 11 (b)  Disposes of the property to a public or private entity line 12 consistent with the planned use identified in the resolution pursuant line 13 to subdivision (a). O 99 — 2 — AB 2139 AMENDED IN SENATE JANUARY 15, 2026 AMENDED IN SENATE JANUARY 5, 2026 AMENDED IN SENATE MARCH 28, 2025 SENATE BILL No. 222 Introduced by Senator Wiener (Coauthors: Senators Allen, Becker, and Stern) January 27, 2025 An act to add Section 4737 to the Civil Code, and to add Chapter 7.5 (commencing with Section 51297.50) to Part 1 of Division 1 of Title 5 of the Government Code, relating to housing. legislative counsel’s digest SB 222, as amended, Wiener. Residential heat pump systems: water heaters and HVAC: installations. (1)  Existing law establishes the State Energy Resources Conservation and Development Commission and prescribes the authorities, duties, and responsibilities of the commission pertaining to energy matters. Existing law requires the commission, on or before January 1, 2019, in consultation with the Contractors State License Board, local building officials, and other stakeholders, to approve a plan that promotes compliance with specified regulations relating to building energy efficiency standards in the installation of central air-conditioning and heat pumps, as specified. Existing law authorizes the commission to adopt regulations to increase compliance with permitting and inspection requirements for central air-conditioning and heat pumps, and associated sales and installations, consistent with the above-described plan. The bill would require a city, county, or city and county, beginning July 1, 2027, to adopt and offer asynchronous inspections for 96 installations of residential heat pump water heater or heat pump HVAC systems, as defined, that do not require a licensed contractor and building inspector to be simultaneously present during the inspection. The bill would authorize a building inspector to contact the licensed contractor who performed the installation by telephone call or real-time video conferencing during their inspection, and, if the building inspector determines during an asynchronous inspection that there is an issue with an installation of the heat pump water heater or heat pump HVAC system and that the licensed contractor who performed the installation must be present to perform tests or cure the installation, to require the licensed contractor who performed the installation to schedule an additional inspection in which the building inspector and the licensed contractor who performed the installation are required to be simultaneously present during the additional inspection. The bill would specify that these provisions do not require a local entity described above to discontinue offering inspections for the installation of a residential heat pump water heater or heat pump HVAC system where in a building inspector and licensed contractor who performed the installation are simultaneously present. The bill would authorize a city, county, or city and county, on or before July 1, 2028, and except as specified, to issue up to one nondiscretionary permit per installation of a residential heat pump water heater or heat pump HVAC system in which the local entity administratively approves an application to install the residential heat pump water heater or heat pump HVAC system. The bill would specify that nothing in that provision is to be construed to prevent a local entity described above from issuing separate permits for a panel replacement or demolition work conducted as part of the residential heat pump installation. The bill would authorize a city, county, or city and county to apply only certain planning or zoning or workforce labor standards on the installation of a residential heat pump water heater or residential heat pump HVAC system that are in addition to any state-level requirements, including additional standards that conform to local laws, including reach codes, designed to encourage the adoption of zero-emission equipment or improvement of building efficiency. The bill would prohibit a local entity described above from requiring a permit or inspection for plug-in ready window air-conditioner or window heat pump HVAC systems, provided that certain requirements are met, 96 — 2 — SB 222 including that the appliance has a voltage rating of 120 volts or less and the appliance is a self-contained unit. The bill would require a city, county, or city and county, on or before July 1, 2028, to implement an online, instant automated permitting process that issues permits in real time to a licensed contractor for the installation of a residential heat pump water heater or residential heat pump HVAC system that meets certain criteria, including that the installation is for a residential heat pump water heater or heat pump HVAC system that does not require installation of a new electrical panel, or demolition panel or structural work. work, and if the installation is for a residential heat pump HVAC system, that the licensed contractor certifies under penalty of perjury that they have performed a load calculation to properly size the new residential heat pump HVAC equipment per certain provisions and provides the load calculation to the local authority having jurisdiction upon request. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would authorize specify the methods that a local entity described above to may use to comply with the above-described requirement by using, requirement, including, among other things, an automated platform that can issue permits in real time. The bill would require require, for an installation of a residential heat pump water heater or heat pump HVAC system, the local entity to publish and make publicly available, among other things, any required permitting documentation, on their internet website. The bill would require the local entity to allow an applicant to, among other things, submit a permit application and associated documentation electronically. The bill would require a local entity described above that applies to receive any funding from the commission to self-certify to the commission its compliance with any applicable portions of the bill’s provisions. The bill would exempt from these provisions a city with a population of fewer than 5,000 persons or a county with a population of fewer than 150,000 persons, as specified. The bill would, except as provided, prohibit a city, county, or city and county from charging a permit fee for a residential heat pump water heater and heat pump HVAC system that exceeds the estimated reasonable cost of providing the service for which the fee is charged, subject to specified requirements, including that the permit fee for a residential heat pump water heater system does not exceed $150. The bill would, notwithstanding that provision, authorize a local entity described above to charge a permit fee, as specified, for the installation 96 SB 222 — 3 — of a residential heat pump water heater or heat pump HVAC system that exceeds the above-described fee limit, as specified, if the local entity, as part of a written finding and an adopted resolution or ordinance, provides substantial evidence of the reasonable cost to issue the permit, and would prohibit a local entity described above from applying additional charges above the publicly listed fee. The bill would require a local entity described above that applies to receive any funding from the commission to self-certify to the commission its compliance with any applicable portions of the bill’s provisions. By imposing additional duties on local entities described above, the bill would impose a state-mandated local program. The bill would include findings and declarations related to these provisions. (2)  Existing law, the Davis-Stirling Common Interest Development Act, defines and regulates common interest developments. Among other things, the act makes a provision of the governing document or architectural or landscaping guidelines or policies void and unenforceable if, among other things, the provision prohibits, or includes conditions that have the effect of prohibiting, the use of low water-using plants as a group or as a replacement of existing turf. This bill would additionally make any provision of the governing documents, architectural guidelines, or policies void and unenforceable if the provision prevents the replacement of a fuel-gas-burning appliance with an electric appliance. The bill would also make any covenant, restriction, or condition contained in any, among other specified agreements, deed, and any provision of a governing document, that effectively prohibits or restricts the installation or use of a residential heat pump water heater or heat pump HVAC system, void and unenforceable. (3)  The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. (4)  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. 96 — 4 — SB 222 (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, with regard to certain mandates, no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so 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 4737 is added to the Civil Code, to read: line 2 4737. (a)  Notwithstanding any other law, any provision of the line 3 governing documents, architectural guidelines, or policies shall line 4 be void and unenforceable if the provision prevents the replacement line 5 of a fuel-gas-burning appliance with an electric appliance. line 6 (b)  Any covenant, restriction, or condition contained in any line 7 deed, contract, security instrument, or other instrument affecting line 8 the transfer or sale of, or any interest in, real property, and any line 9 provision of a governing document, that effectively prohibits or line 10 restricts the installation or use of a residential heat pump water line 11 heater or heat pump heating, ventilation, and air-conditioning line 12 (HVAC) system is void and unenforceable. line 13 SEC. 2. Chapter 7.5 (commencing with Section 51297.50) is line 14 added to Part 1 of Division 1 of Title 5 of the Government Code, line 15 to read: line 16 line 17 Chapter 7.5. Residential Heat Pump System Installation line 18 line 19 51297.50. The Legislature finds and declares all of the line 20 following: line 21 (a)  The oversight of permitting for residential heat pump water line 22 heater and heat pump heating, ventilation, and air-conditioning line 23 (HVAC) systems is a matter of statewide concern and not a line 24 municipal affair. Therefore, this chapter shall apply to all cities line 25 and counties, including a charter city. 96 SB 222 — 5 — line 1 (b)  Nothing in this chapter is intended to imply the approval of line 2 any other local fees for heat pump permitting not specified in this line 3 chapter. line 4 (c)  It is the intent of the Legislature that local agencies do not line 5 adopt ordinances that create unreasonable barriers to the installation line 6 of heat pumps and not unreasonably restrict the ability of home line 7 and residential property owners to install heat pumps. line 8 (d)  It is the policy of the state to promote and encourage the use line 9 of zero-emission water heating and space heating and cooling line 10 systems, and to limit obstacles to their use. line 11 (e)  It is the intent of the Legislature that local agencies comply line 12 not only with provisions declared in this section, but also the line 13 legislative intent to encourage the installation of residential heat line 14 pump systems by removing obstacles to, and minimizing costs of, line 15 permitting, so long as the action does not supersede the building line 16 official’s authority to identify and address higher priority life-safety line 17 situations. line 18 (f)  Each state entity, including the commission and the line 19 Department of Housing and Community Development, should line 20 streamline codes and standards compliance processes with the line 21 intent of increasing permitted work without undermining the line 22 integrity of the code measures, especially when it comes to line 23 appliance retrofits. line 24 51297.51. For purposes of this chapter, the following line 25 definitions apply: line 26 (a)  “Commission” means the State Energy Resources line 27 Conservation and Development Commission, which is also known line 28 as the Energy Commission. line 29 (b)  “HVAC” means heating, ventilation, and air-conditioning. line 30 (c)  “Residential heat pump water heater or heat pump HVAC line 31 system” means a single heat pump water heater or heat pump line 32 HVAC system that serves one residential dwelling unit. line 33 (d)  (1)  “Swapout” means a residential heat pump water heater line 34 or residential heat pump HVAC system installation where a new line 35 heat pump water heater or HVAC air handler and outdoor coil is line 36 being installed in the same location on a property as the prior line 37 water heater or air handler and condenser that it is replacing. line 38 (2)  “Swapout” does not include either of the following: line 39 (A)  An installation that requires modification, replacement, or line 40 installation of more than 25 linear feet of ductwork. 96 — 6 — SB 222 line 1 (B)  An installation that replaces a package unit with a split line 2 system or a split system with a package unit. line 3 51297.52. (a)  Beginning July 1, 2027, a city, county, or city line 4 and county shall adopt and offer asynchronous inspections for line 5 installations of residential heat pump water heater or heat pump line 6 HVAC systems that do not require a licensed contractor and line 7 building inspector to be simultaneously present during the line 8 inspection of an installation of a residential heat pump water heater line 9 or heat pump HVAC system. line 10 (b)  A building inspector may contact the licensed contractor line 11 who performed the installation of the heat pump water heater or line 12 heat pump HVAC system by telephone call or real-time video line 13 conferencing during their inspection. line 14 (c)  If a building inspector determines during an asynchronous line 15 inspection that there is an issue with an installation of the heat line 16 pump water heater or heat pump HVAC system and that the line 17 licensed contractor who performed the installation must be present line 18 to perform tests or cure the installation, the building inspector may line 19 require the licensed contractor who performed the installation to line 20 schedule an additional inspection in which the building inspector line 21 and the licensed contractor who performed the installation are both line 22 required to be simultaneously present during the additional line 23 inspection. line 24 (d)  Nothing in this section shall be construed to require a city, line 25 county, or city and county to discontinue offering inspection line 26 options for the installation of a residential heat pump water heater line 27 or heat pump HVAC system where in a building inspector and line 28 licensed contractor who performed the installation are line 29 simultaneously present. line 30 51297.53. (a)  On or before January 1, 2028, a city, county, or line 31 city and county may issue up to one nondiscretionary permit per line 32 installation of a residential heat pump water heater or heat pump line 33 HVAC system in which the city, county, or city and county line 34 administratively approves an application to install the residential line 35 heat pump water heater or heat pump HVAC system. line 36 (b)  This section shall not be construed to prevent a city, county, line 37 or city and county from issuing separate permits for a panel line 38 replacement or demolition structural work conducted as part of line 39 the residential heat pump installation. 96 SB 222 — 7 — line 1 (c)  Notwithstanding subdivision (a), a city, county, or city and line 2 county may issue more than one nondiscretionary permit requested line 3 by a licensed contractor per installation of a residential heat pump line 4 water heater or heat pump HVAC system if the building official line 5 makes written findings based upon substantial evidence that the line 6 proposed installation would have a specific, adverse impact on line 7 public health or safety, and there is no feasible method to line 8 satisfactorily mitigate or avoid the specific, adverse impact. line 9 51297.54. (a)  A city, county, or city and county may apply line 10 only any of the following planning or zoning or workforce labor line 11 standards on the installation of a residential heat pump water heater line 12 or residential heat pump HVAC system that are in addition to any line 13 state-level requirements: line 14 (1)  Additional standards for setbacks for installations not to line 15 exceed 3 feet in side yards and backyards or 10 feet in front yards. line 16 If a city, county, or city and county requires the submission of site line 17 plans for applications for permits for installations of residential line 18 heat pump water heater or residential heat pump HVAC systems, line 19 the city, county, or city and county shall require only site plan line 20 information directly relevant to the installation or to determining line 21 setback compliance. Site plans shall not be required for applications line 22 for permits for same-place swapout installations of residential heat line 23 pump water heater or residential heat pump HVAC systems, when line 24 those installations are replacing equipment in the same location line 25 that performed the same purpose. a swapout. line 26 (2)  Additional standards that conform to local laws, including line 27 reach codes, designed to encourage the adoption of zero-emission line 28 equipment or improvement of building efficiency. line 29 (3)  Additional planning or zoning standards relating to the line 30 installation of a residential heat pump water heater or heat pump line 31 HVAC system if the city, county, or city and county adopts an line 32 ordinance that includes substantial evidence that the standard is line 33 designed to mitigate the specific, adverse impact on the public line 34 health or safety at the lowest cost possible. line 35 (4)  Additional standards to regulate noise in a residential setting line 36 for inverter-based heat pump technologies, not to be less than 15 line 37 decibels higher than any statutory maximum regulating decibel line 38 limits for noninverter-based technologies. line 39 (5)  Any additional standards, including workforce labor line 40 standards, on an installation of a residential heat pump water heater 96 — 8 — SB 222 line 1 or heat pump HVAC system that receives public subsidies or other line 2 public funding. For purposes of this paragraph, “workforce labor line 3 standards” include, but are not limited to, the payment of prevailing line 4 wages and the employment of apprentices from apprenticeship line 5 programs approved by the Division of Apprenticeship Standards. line 6 (b)  A city, county, or city and county shall not require a permit line 7 or inspection for plug-in ready window air-conditioner or window line 8 heat pump HVAC systems, provided that all of the following line 9 requirements are met: line 10 (1)  The appliance has a voltage rating of 120 volts or less. line 11 (2)  The appliance is a self-contained unit. line 12 (3)  The installation of the appliance does not require the line 13 installation of a dedicated circuit for the appliance. line 14 (4)  The installation of the appliance does not require an upgrade line 15 to the electrical panel to accommodate the additional load of the line 16 appliance. line 17 (5)  The installation of the appliance does not require the line 18 installation of drainage or structural modifications. line 19 51297.55. (a)  On or before July 1, 2028, a city, county, or city line 20 and county, other than a city, county, or city and county described line 21 in subdivision (f), (c), shall, consistent with the goals and intent line 22 of this chapter, implement an online, instant automated permitting line 23 process that issues permits in real time to a licensed contractor in line 24 real time for the installation of a residential heat pump water heater line 25 or heat pump HVAC system that meets both all of the following line 26 criteria: line 27 (1)  The installation is for a residential heat pump water heater line 28 or heat pump HVAC system that does not require installation of line 29 a new electrical panel, or demolition panel or structural work. line 30 (2)  The installation is for a residential heat pump water heater line 31 or heat pump HVAC system swapout, and either of the following line 32 apply, as applicable: line 33 (A)  The new residential heat pump water heater is being installed line 34 in the same location as the prior water heater that it is being line 35 replacing. line 36 (B)  The new residential heat pump HVAC system is being line 37 installed in the same location as the prior furnace or air line 38 conditioning system that it is replacing. line 39 (2)  The installation is a swapout. 96 SB 222 — 9 — line 1 (3)  If the installation is for a residential heat pump HVAC line 2 system, the licensed contractor certifies under penalty of perjury line 3 that they have performed a load calculation to properly size the line 4 new residential heat pump HVAC equipment per the Air line 5 Conditioning Contractors of America Association, Inc. Manual J line 6 Residential Load Calculation, the Sheet Metal and Air line 7 Conditioning Contractors’ National Association Residential line 8 Comfort Systems Installation Standards Manual, the California line 9 Mechanical Code, or successor provisions, and provides the load line 10 calculation to the local authority having jurisdiction upon request. line 11 (b)  (1)  A The methods that a city, county, or city and county line 12 may use to comply with the requirements described in subdivision line 13 (a) by using may include, but are not limited to, an automated line 14 platform that can issue permits in real time or using an online line 15 form-based system that can instantly issue permits upon completion line 16 of the online form. line 17 (2)  If a city, county, or city and county requires a CF1R form line 18 at the time of the permit application, the city, county, or city and line 19 county shall not otherwise require information duplicative to and line 20 supplied on the CF1R form provided by the applicant, except for line 21 the applicant’s name and the residential address of the project. line 22 (c)  The city, county, or city and county shall publish and make line 23 publicly available a list of the requirements adopted pursuant to line 24 Section 51297.54, any required permitting documentation, and a line 25 list of all relevant fees and fee amounts that may be imposed by line 26 the city, county, or city and county on a residential heat pump line 27 water heater or heat pump HVAC system, including, but not limited line 28 to, permit fees and inspection fees, on their internet website. line 29 (d)  The city, county, or city and county shall allow an applicant line 30 to submit a permit application and associated documentation line 31 electronically, and shall allow the applicant to submit an electronic line 32 signature on all forms, applications, and other documentation line 33 instead of a wet signature by an applicant. line 34 (e)  If a city, county, or city and county applies to receive any line 35 funding from the State Energy Resources Conservation and line 36 Development Commission, the city, county, or city and county line 37 shall self-certify to the commission its compliance with any line 38 applicable provisions of this chapter, including subdivision (b). line 39 (f) 96 — 10 — SB 222 line 1 (c)  This section shall not apply to a city with a population of line 2 fewer than 5,000 persons or a county with a population of fewer line 3 than 150,000 persons, including each city within that county. line 4 51297.56. (a)  For an installation of a residential heat pump line 5 water heater or heat pump HVAC system, a city, county, or city line 6 and county, other than a city, county, or city and county described line 7 in subdivision (c), shall publish and make publicly available a list line 8 of the requirements adopted pursuant to Section 51297.54, any line 9 required permitting documentation, and a list of all relevant fees line 10 and fee amounts that may be imposed by the city, county, or city line 11 and county on a residential heat pump water heater or heat pump line 12 HVAC system, including, but not limited to, permit fees and line 13 inspection fees, on their internet website. line 14 (b)  The city, county, or city and county shall allow an applicant line 15 to submit a permit application and associated documentation line 16 electronically, and shall allow the applicant to submit an electronic line 17 signature on all forms, applications, and other documentation line 18 instead of a wet signature by an applicant. line 19 (c)  This section shall not apply to a city with a population of line 20 fewer than 5,000 persons or a county with a population of fewer line 21 than 150,000 persons, including each city within that county. line 22 51297.56. line 23 51297.57. (a)  (1)  A city, county, or city and county, except line 24 as provided in subdivision (b), shall not charge a permit fee for a line 25 residential heat pump water heater or heat pump HVAC system line 26 that exceeds the estimated reasonable cost of providing the service line 27 for which the fee is charged, subject to the following limitations: line 28 (A)  The permit fee for a residential heat pump water heater line 29 system shall not exceed one hundred fifty dollars ($150). line 30 (B)  The permit fee for a residential heat pump HVAC system line 31 shall not exceed two hundred dollars ($200). line 32 (2)  Paragraph (1) shall not apply to a city with a population of line 33 fewer than 5,000 persons and a county with a population of fewer line 34 than 150,000 persons, including each city within that county. line 35 (3)  The limitations imposed by paragraph (1) shall not be line 36 construed to apply to technology fees charged by third-party line 37 vendors for services adopted by jurisdictions to process compliance line 38 checks and issue permits. line 39 (b)  (1)  Notwithstanding subdivision (a), a city, county, or city line 40 and county may charge a permit fee for the installation of a 96 SB 222 — 11 — line 1 residential heat pump water heater or a heat pump HVAC system line 2 that exceeds the fee limits specified in subdivision (a) if the city, line 3 county, or city and county, as part of a written finding and an line 4 adopted resolution or ordinance, provides substantial evidence of line 5 the reasonable cost to issue the permit. line 6 (2)  A permit fee described in paragraph (1) shall be subject to line 7 all of the following requirements: line 8 (A)  The fee shall correspond to the typical reasonable cost line 9 demonstrated by the city, county, or city and county for the line 10 equipment type. line 11 (B)  The fee shall be set at a regular fixed amount per appliance line 12 type. line 13 (C)  The fee shall be listed publicly. line 14 (c)  A city, county, or city and county shall not apply additional line 15 charges above the publicly listed fee. line 16 51297.58. If a city, county, or city and county applies to receive line 17 any funding from the State Energy Resources Conservation and line 18 Development Commission, the city, county, or city and county line 19 shall self-certify to the commission its compliance with any line 20 applicable provisions of this chapter. line 21 SEC. 3. The Legislature finds and declares that the oversight line 22 of permitting for residential heat pump water heater and heat pump line 23 heating, ventilation, and air-conditioning (HVAC) systems is a line 24 matter of statewide concern and is not a municipal affair as that line 25 term is used in Section 5 of Article XI of the California line 26 Constitution. Therefore, Section 2 of this act, adding Chapter 7.5 line 27 (commencing with Section 51297.50) to Part 1 of Division 1 of line 28 Title 5 of the Government Code, applies to all cities, including line 29 charter cities. line 30 SEC. 4. If the Commission on State Mandates determines that line 31 this act contains costs mandated by the state, reimbursement to line 32 local agencies and school districts for those costs shall be made line 33 pursuant to Part 7 (commencing with Section 17500) of Division line 34 4 of Title 2 of the Government Code. line 35 SEC. 4. No reimbursement is required by this act pursuant to line 36 Section 6 of Article XIIIB of the California Constitution for certain line 37 costs that may be incurred by a local agency or school district line 38 because, in that regard, this act creates a new crime or infraction, line 39 eliminates a crime or infraction, or changes the penalty for a crime line 40 or infraction, within the meaning of Section 17556 of the 96 — 12 — SB 222 line 1 Government Code, or changes the definition of a crime within the line 2 meaning of Section 6 of Article XIII B of the California line 3 Constitution. line 4 However, if the Commission on State Mandates determines that line 5 this act contains other costs mandated by the state, reimbursement line 6 to local agencies and school districts for those costs shall be made line 7 pursuant to Part 7 (commencing with Section 17500) of Division line 8 4 of Title 2 of the Government Code. O 96 SB 222 — 13 — AMENDED IN ASSEMBLY MARCH 16, 2026 california legislature—2025–26 regular session ASSEMBLY BILL No. 1557 Introduced by Assembly Member Papan (Coauthors: Assembly Members Ahrens, Alanis, Bennett, Boerner, Bonta, Carrillo, Connolly, Davies, Dixon, Haney, Harabedian, Hart, Jackson, and Schiavo) January 8, 2026 An act to amend Section 312.5 of of, and to add Section 28171 to, the Vehicle Code, relating to vehicles. legislative counsel’s digest AB 1557, as amended, Papan. Vehicles: electric bicycles. 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. Existing law classifies electric bicycles into 3 classes with different restrictions. Existing law defines a “class 1 electric bicycle” as a bicycle equipped with a motor that provides assistance only when the rider is pedaling, that is not capable of exclusively propelling the bicycle, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour. Existing defines a “class 2 electric bicycle” as a bicycle equipped with a motor that may be used exclusively to propel the bicycle and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour. Existing law defines a “class 3 electric bicycle” as a bicycle equipped with a speedometer and a motor that, in pertinent part, provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour. A violation of the Vehicle Code is a crime. 98 This bill would clarify that an electric bicycle is a bicycle equipped with fully operable pedals and an electric motor that is not capable of exceeding 750 watts of peak power. This bill would instead define a class 1 electric bicycle as a bicycle equipped with a motor that provides assistance only when the rider is pedaling, that is not capable of exclusively propelling the bicycle, and that ceases to provide assistance when the bicycle reaches the speed of 16 miles per hour. The bill would define a class 2 electric bicycle as a bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 16 miles per hour. The bill would provide that, notwithstanding these definitions, an electric bicycle manufactured prior to January 1, 2027, that was equipped with a motor that is not capable of exceeding 750 watts of peak power and otherwise met the legal requirements for the relevant class at the time of manufacture shall retain its classification. The bill would prohibit a manufacturer from equipping, and a retailer from offering for sale or advertising, any device labeled as an electric bicycle with a motor that is capable of exceeding 750 watts of peak power. The bill would also prohibit a manufacturer from equipping, and a retailer from offering for sale or advertising, any device labeled as a class 1 or class 2 electric bicycle with a motor that is capable of exceeding 250 watts of continuous power or that is capable of providing assistance to reach speeds greater than 16 miles per hour. The bill would make a violation of these provisions punishable by a civil penalty not to exceed $15,000 for a first violation and not to exceed $50,000 for each subsequent violation, upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney. The bill would specify that a violation of this provision is not a criminal offense. Vote: majority. Appropriation: no. Fiscal committee: no yes.​ State-mandated local program: no.​ The people of the State of California do enact as follows: line 1 SECTION 1. Section 312.5 of the Vehicle Code is amended line 2 to read: line 3 312.5. (a)  An “electric bicycle” is a bicycle equipped with line 4 fully operable pedals and an electric motor that is not capable of line 5 exceeding 750 watts of peak power. 98 — 2 — AB 1557 line 1 (1)  A “class 1 electric bicycle,” or “low-speed pedal-assisted line 2 electric bicycle,” is a bicycle equipped with a motor that provides line 3 assistance only when the rider is pedaling, that is not capable of line 4 exclusively propelling the bicycle, except as provided in paragraph line 5 (4), and that ceases to provide assistance when the bicycle reaches line 6 the speed of 20 16 miles per hour, and that is not capable of line 7 providing assistance to reach speeds greater than 20 miles per hour. line 8 (2)  A “class 2 electric bicycle,” or “low-speed throttle-assisted line 9 electric bicycle,” is a bicycle equipped with a motor that may be line 10 used exclusively to propel the bicycle, and that is not capable of line 11 providing assistance when the bicycle reaches the speed of 20 16 line 12 miles per hour. line 13 (3)  A “class 3 electric bicycle,” or “speed pedal-assisted electric line 14 bicycle,” is a bicycle equipped with a motor that provides line 15 assistance only when the rider is pedaling, that is not capable of line 16 exclusively propelling the bicycle, except as provided in paragraph line 17 (4), and that ceases to provide assistance when the bicycle reaches line 18 the speed of 28 miles per hour, and equipped with a speedometer. line 19 (4)  A class 1 or class 3 electric bicycle may have start assistance line 20 or a walk mode that propels the electric bicycle on motor power line 21 alone, up to a maximum speed of 3.7 miles per hour. line 22 (5)  Notwithstanding paragraphs (1), (2), and (3), an electric line 23 bicycle manufactured prior to January 1, 2027, that was equipped line 24 with a motor that is not capable of exceeding 750 watts of peak line 25 power and otherwise met the legal requirements for the relevant line 26 class at the time of manufacture shall retain its classification. line 27 (b)  A person riding an electric bicycle, as defined in this section, line 28 is subject to Article 4 (commencing with Section 21200) of Chapter line 29 1 of Division 11. line 30 (c)  On and after January 1, 2017, manufacturers Manufacturers line 31 and distributors of electric bicycles shall apply a label that is line 32 permanently affixed, in a prominent location, to each electric line 33 bicycle. The label shall contain the classification number, top line 34 assisted speed, and motor wattage of the electric bicycle, and shall line 35 be printed in Arial font in at least 9-point type. line 36 (d)  The following vehicles are not electric bicycles under this line 37 code and shall not be advertised, sold, offered for sale, or labeled line 38 as electric bicycles: line 39 (1)  A vehicle with two or three wheels powered by an electric line 40 motor that is intended by the manufacturer to be modifiable to 98 AB 1557 — 3 — line 1 attain a speed greater than 20 miles per hour on motor power alone line 2 or to attain more than 750 watts of power. line 3 (2)  A vehicle that is modified to attain a speed greater than 20 line 4 miles per hour on motor power alone or to have motor power of line 5 more than 750 watts. line 6 (3)  A vehicle that is modified to have its operable pedals line 7 removed. line 8 SEC. 2. Section 28171 is added to the Vehicle Code, to read: line 9 28171. (a)  (1)  A manufacturer shall not equip any device line 10 labeled as an electric bicycle with a motor that is capable of line 11 exceeding 750 watts of peak power. line 12 (2)  A manufacturer shall not equip any device labeled as a class line 13 1 or class 2 electric bicycle with a motor that is capable of line 14 exceeding 250 watts of continuous power or that is capable of line 15 providing assistance to reach speeds greater than 16 miles per line 16 hour. line 17 (b)  (1)  A retailer shall not offer for sale or advertise any device line 18 labeled as an electric bicycle with a motor that is capable of line 19 exceeding 750 watts of peak power. line 20 (2)  A retailer shall not offer for sale or advertise any device line 21 labeled as a class 1 or class 2 electric bicycle with a motor that line 22 is capable of exceeding 250 watts of continuous power or that is line 23 capable of providing assistance to reach speeds greater than 16 line 24 miles per hour. line 25 (c)  (1)  Notwithstanding Section 40000.1, a violation of this line 26 section is not a criminal offense. line 27 (2)  Upon an action brought by the Attorney General, a city line 28 attorney, a county counsel, or a district attorney, a person or entity line 29 that violates this section shall be liable for a civil penalty not to line 30 exceed fifteen thousand dollars ($15,000) for a first violation, and line 31 not to exceed fifty thousand dollars ($50,000) for each subsequent line 32 violation. line 33 (3)  A prevailing plaintiff in an action brought for a violation of line 34 this section shall be entitled to an award of reasonable attorney’s line 35 fees and costs. O 98 — 4 — AB 1557 AMENDED IN ASSEMBLY MARCH 9, 2026 california legislature—2025–26 regular session ASSEMBLY BILL No. 1569 Introduced by Assembly Members Davies and Chen January 12, 2026 An act to add Article 9 (commencing with Section 49397) to Chapter 8 of Part 27 of Division 4 of Title 2 of the Education Code, relating to pupil safety. legislative counsel’s digest AB 1569, as amended, Davies. Pupil safety: electric bicycle parking: safety program. Existing law authorizes the governing board of any school district having jurisdiction over elementary, intermediate, junior high, or high school to provide time and facilities to local law enforcement agency having jurisdiction over the school of the district for bicycle, scooter, electric bicycle, motorized bicycle, or motorized scooter safety instruction. Existing law prohibits a person from driving or parking a vehicle or animal upon the driveways, paths, parking facilities, or grounds of specific public entities, including a public school or an educational institution exempted, in whole or in part, from taxation, except with the permission of, and subject to any condition or regulation that may be imposed by, the governing body of the specified public entity. Existing law authorizes a public agency to adopt rules or regulations to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, electric bicycles, skateboards, electrically motorized boards, and roller skates on public property under the jurisdiction of that agency. 98 This bill would require each school district and county office of education that allows pupils in kindergarten or any of grades 1 to 12, inclusive, to park a class 1, 2, or 3 electric bicycle, as defined, on campus during regular school hours to require pupils to complete the electric bicycle safety and training program developed by the Department of the California Highway Patrol, as provided, or a related safety course, as specified, as a condition for parking on campus. The bill would also require a pupil to submit proof of completion of the above-described course to their school before parking their class 1, 2, or 3 electric bicycle on the school campus during school hours. campus. The bill would exempt schools school districts and county offices of education that adopted a policy related to electric bicycle safety, on or before January 1, 2027, from the above-described requirements. 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. Article 9 (commencing with Section 49397) is line 2 added to Chapter 9 of Part 27 of Division 4 of Title 2 of the line 3 Education Code, to read: line 4 SECTION 1. Article 9 (commencing with Section 49397) is line 5 added to Chapter 8 of Part 27 of Division 4 of Title 2 of the line 6 Education Code, to read: line 7 line 8 Article 9. Electric Bicycle Safety line 9 line 10 49397. (a)  Commencing with the 2027–28 school year, a line 11 school local educational agency that allows pupils in kindergarten line 12 or any of grades 1 to 12, inclusive, to park a class 1, 2, or 3 electric line 13 bicycle on campus during regular school hours shall require pupils line 14 to complete the electric bicycle safety and training program line 15 developed by the Department of the California Highway Patrol line 16 pursuant to Section 894 of the Streets and Highway Code, or a line 17 related safety course, if one is available, as prescribed by a local line 18 government or the local law enforcement authority having line 19 jurisdiction over the school, as a condition for parking on campus. line 20 (b)  A pupil shall submit proof of completion from one of the line 21 prescribed courses described in subdivision (a) to their school 98 — 2 — AB 1569 line 1 before parking their class 1, 2, or 3 electric bicycle on the school line 2 campus during regular school hours. campus. line 3 (c)  A school local educational agency that has adopted a policy line 4 related to electric bicycle safety on or before January 1, 2027, shall line 5 be exempt from the requirements of this section. line 6 (d)  For purposes of this section, “class the following definitions line 7 apply: line 8 (1)  “Class 1 electric bicycle,” “class 2 electric bicycle,” and line 9 “class 3 electric bicycle” shall have the same meanings as line 10 prescribed in Section 312.5 of the Vehicle Code. line 11 (2)  “Local educational agency” means a school district or line 12 county office of education. O 98 AB 1569 — 3 — california legislature—2025–26 regular session ASSEMBLY BILL No. 1614 Introduced by Assembly Member Dixon January 21, 2026 An act to amend Section 21204 of the Vehicle Code, relating to vehicles. legislative counsel’s digest AB 1614, as introduced, Dixon. Vehicles: bicycles. Existing law, the California Bicycle Transportation Act, establishes 4 classifications of facilities, referred to as bikeways, that provide primarily for, and promote, bicycle travel. Existing law requires a person operating a bicycle, which includes an electric bicycle, upon a highway to ride the bicycle upon or astride a permanent and regular seat unless the bicycle was designed by the manufacturer to be ridden without a seat. Existing law requires a person riding as a passenger on a bicycle upon a highway to be upon or astride a seat attached to the bicycle, as specified. A violation of these provisions in punishable as an infraction. This bill would make those provisions applicable to the operation of a bicycle upon a Class I bikeway. By expanding an existing infraction, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes.​ State-mandated local program: yes.​ 99 The people of the State of California do enact as follows: line 1 SECTION 1. Section 21204 of the Vehicle Code is amended line 2 to read: line 3 21204. (a)   A person operating a bicycle upon a highway or line 4 a Class I bikeway, as defined in Section 890.4 of the Streets and line 5 Highways Code, shall not ride other than upon or astride a line 6 permanent and regular seat attached thereto, unless the bicycle line 7 was designed by the manufacturer to be ridden without a seat. line 8 (b)   An operator shall not allow a person riding as a passenger, line 9 and a person shall not ride as a passenger, on a bicycle upon a line 10 highway or a Class I bikeway, as defined in Section 890.4 of the line 11 Streets and Highways Code, other than upon or astride a separate line 12 seat attached thereto. If the passenger is four years of age or line 13 younger, or weighs 40 pounds or less, the seat shall have adequate line 14 provision for retaining the passenger in place and for protecting line 15 the passenger from the moving parts of the bicycle. line 16 SEC. 2. No reimbursement is required by this act pursuant to line 17 Section 6 of Article XIIIB of the California Constitution because line 18 the only costs that may be incurred by a local agency or school line 19 district will be incurred because this act creates a new crime or line 20 infraction, eliminates a crime or infraction, or changes the penalty line 21 for a crime or infraction, within the meaning of Section 17556 of line 22 the Government Code, or changes the definition of a crime within line 23 the meaning of Section 6 of Article XIII B of the California line 24 Constitution. O 99 — 2 — AB 1614 AB 1632 Page 1 Date of Hearing: March 17, 2026 Counsel: Ilan Zur ASSEMBLY COMMITTEE ON PUBLIC SAFETY Nick Schultz, Chair AB 1632 (Johnson) – As Introduced January 26, 2026 As Proposed to be Amended in Committee SUMMARY: Removes the requirement that trespass letters of authorization be submitted in notarized writing on a law enforcement agency (LEA)-provided form, to cover a period of time of up to 12 months, during a period where there is a fire hazard or the owner, owner’s agent, or person in lawful possession is absent from the premises or property, or when the premises or property are closed to the public and posted as being closed. EXISTING LAW: 1) Provides that a person is guilty of misdemeanor trespass if they enter and occupy real property or structures of any kind without the consent of the owner, the owner’s agent, or the person in lawful possession (hereafter “owner”). (Pen. Code, § 602, subd. (m).) 2) Generally punishes trespass as a misdemeanor, punishable by imprisonment in county jail for up to six months, a fine of up to $1,000, or both. (Pen. Code, §§ 19, 602.) 3) Provides that a person is guilty of misdemeanor trespass if they refuse or fail to leave land, real property, or structures belonging to, or lawfully occupied by, another and not open to the general public, upon being requested to leave by the owner or by a peace officer at the request of the owner and upon being informed by the officer that they are acting at the request of the owner, subject to the following: a) Generally requires the owner to make a separate request to an officer on each occasion when an officer's assistance in dealing with a trespass is requested. b) Authorizes an owner to make a single request for an officer’s assistance, made in a notarized writing on an LEA-provided form, to cover up to 12 months or a period determined by local ordinance, whichever is shorter, and identified by specific dates, during a period where there is a fire hazard or the owner is absent from the premises or property. c) Authorizes an owner to make a single request for an officer’s assistance, made in a notarized writing on an LEA-provided form, to cover up to 12 months when the premises or property is closed to the public and posted as being closed. d) Requires the requester to inform the LEA to which the request was made, in writing, if assistance is no longer desired before the 12-month authorization period expires. AB 1632 Page 2 e) Specifies that this offense does not apply to persons engaged in lawful labor union activities that are permitted to be carried out on the property, as specified. f) Provides that land, real property, or structures owned or operated by a housing authority for tenants, as defined, constitutes property not open to the general public, although this offense does not apply to persons on the premises who are engaging in constitutionally protected activities, or who are there at the request of a resident or management and who are not loitering or otherwise suspected of violating a law or ordinance. g) Provides that a request for a peace officer’s assistance shall expire upon transfer of ownership of the property or upon a change in the person in lawful possession. h) Provides that a request for an officer’s assistance in dealing with a trespass may be submitted electronically, and a local government may accept electronic submissions of requests. (Pen. Code § 602, subd. (o).) 4) Establishes numerous other trespass crimes, as specified. (Pen. Code, § 602, subds. (a)-(y).) FISCAL EFFECT: Unknown COMMENTS: 1) Author's Statement: According to the author, “As a former Mayor and Council Member for Lake Elsinore, I’ve seen firsthand how administrative red tape can hinder public safety. Law enforcement relies on 602 Letters to enforce trespassing laws and prevent unauthorized entry of unoccupied properties, but current standards requiring notarization and limiting duration of such letters poses undue burden on property owners and local governments. AB 1632 provides a crucial, commonsense tool for law enforcement to better protect property rights by extending the duration of 602 Letters to three yea[r]s and removing onerous notarization requirements. These changes ensure that property rights are upheld and trespassing enforcement can be performed proactively.” 2) Trespass Letters of Authority: California’s primary trespass statute – Penal Code section 602 – has nearly an entire alphabet of subdivisions. Most of the subdivisions in Section 602 define separate crimes, typically each with slightly different elements than the other subdivisions. As a general rule, a person who enters and occupies real property or structures of any kind without the consent of the owner is guilty of misdemeanor trespass. (Pen. Code, § 602, subd. (m).) Trespass is typically a misdemeanor, though California law does include a felony for aggravated trespass. (Pen. Code, § 601.) For misdemeanor trespass, the penalty is up to six months of jail time or up to a $1,000 fine, or both. (Pen. Code, §§ 19, 602.) Most relevant here, a person is guilty of misdemeanor trespass if they refuse or fail to leave land, real property, or structures belonging to, or lawfully occupied by, another and not open to the general public, upon being requested to leave by the owner or by a peace officer at the request of the owner. (Pen. Code, § 602, subd. (o).) Owners of such property may request law enforcement assistance in ejecting trespassers from their property. (Ibid.) Owners are generally required to submit a separate request to law enforcement for each occasion where law enforcement assistance in ejecting the trespasser is required. (Ibid.) However, during a period where there is a fire hazard or the owner is absent, or when the premises or property is AB 1632 Page 3 closed to the public and posted as such, a single request for assistance may be valid for the shorter of either 12 months or a period determined by local ordinance. (Ibid.) Such requests must be made in a notarized writing on an LEA-provided form and may be submitted electronically. (Ibid.) A request for assistance expires upon transfer of ownership of the property or upon a change in the person in lawful possession. (Ibid.) Lastly, the owner must inform the LEA to which the request was made, in writing, when assistance is no longer desired, before the period not exceeding 12 months expires. Requests for law enforcement assistance in enforcing trespass laws are generally made via a “Trespass Letter of Authority.”1 These letters – also known as “602 Letters” – authorize local authorities to enter the premises to enforce trespass laws in the owner’s absence.2 3) Effect of this Bill: This bill removes a procedural requirement that applies to trespass authorization letters for the trespass offense of refusing or failing to leave private property upon being requested to leave by the owner or a peace officer. Specifically, it removes the requirement that the request for assistance in dealing with a trespasser be made in a notarized writing on an LEA-provided form, during a period where there is a fire hazard or the owner is absent, or when the premises or property are closed to the public and posted as such. The author contends that this notarization requirement is onerous and overly burdensome. This notarization requirement was added just several years ago by SB 602 (Archuleta), Chapter 404, Statutes of 2023, and has only been in effect for approximately two years. This requirement largely functions to protect the credibility of 602 Letter submissions by verifying the identity of the owner submitting the letter. 4) Trespass Letters Enforcement Against Unhoused Persons: As of 2024, California had the highest poverty rate in the country.3 California’s poverty rate rose from 11.7% in 2021 to 13.2% in 2023, and nearly a third of Californians are living in or near poverty.4 This rising poverty rate, as well as increased costs of living, has coincided with a significant increase in California’s homelessness population, increasing by as much as 7.5% between 2022 and 2023.5 Recent data suggests that more than 180,000 people were experiencing homelessness in California in 2024.6 Racial disparities among the homeless population are well- documented. The share of Black, American Indian, Alaska Native, or Indigenous people experiencing homelessness is five times greater than their share of the total population. 7 Poverty and lack of shelter are associated with numerous criminal penalties. As summarized by a peer-reviewed journal, Transport Reviews: 1 City of Merced, Letter of Authority/No Trespass Letter <https://www.cityofmerced.gov/public-safety/police/letter- of-authority-no-trespass-letter> (as of Feb. 17, 2026). 2 Merced Police Department, Letter of Authority Online Form <https://survey123.arcgis.com/share/bd2dc7789f0b449c9948274381074be3> (as of Feb. 17, 2026). 3 Dan Walters, Once again, California beats every other state when it comes to poverty (Sept. 11, 2024) <https://calmatters.org/commentary/2024/09/california-again-top-state-poverty/> (as of Mar. 12, 2026). 4 Bohn et. al., Poverty in California, Public Policy Institute of California (Oct. 2023) <https://www.ppic.org/publication/poverty-in-california/> (as of Mar. 12, 2026). 5 Cuellar et al., An Update on Homelessness in California, PPIC (March 21, 2024) <https://www.ppic.org/blog/an- update-on-homelessness-in-california/> (as of Mar. 12, 2026). 6 Ibid. 7 Business, Consumer Services and Housing Agency, Acting to Prevent, Reduce, and End Homelessness (accessed March 6, 2025) <https://bcsh.ca.gov/calich/hdis.html> (as of Mar. 12, 2026). AB 1632 Page 4 [There has been] a general trend of increasing criminalization of homelessness over the last three decades; transit environments are no exception. Broadly, this has entailed the adoption of ordinances restricting activities associated with homelessness (such as camping, loitering, and panhandling), more intensive policing, and the use of hostile architecture in public spaces [citation omitted]). For example, a number of municipalities have enacted since the early 1990s “sit-lie” ordinances, which prohibit individuals from lingering, sitting, or sleeping in public spaces.8 This is particularly true following the U.S. Supreme Court decision in City of Grants Pass v. Johnson, which overturned legal precedent and permitted local governments to arrest and fine unhoused persons in public spaces, even when no alternative shelter is available. (City of Grants Pass v. Johnson (2024) 603 U.S. 52.) Following this court case, there has been an uptick in criminal penalties associated with being unhoused.9 For example, the City of Fresno has since made it a misdemeanor to camp anywhere, even if no shelter is available.10 As of September 2024, at least 15 local jurisdictions in California have modified their ordinances to further punish conduct associated with homelessness.11 Criminal trespass laws, enforced in part through trespass authorization letters, are often used to address homelessness. For example, in 2019, Bakersfield officials proposed a program to fight homelessness by more aggressively prosecuting and incarcerating trespassers.12 In 2025, the city of San Jose voted to adopt a new ordinance subjecting an unhoused person to arrest for trespass if that person has rejected three offers for shelter.13 Critics argue that trespass authorization letters exacerbate homelessness by disproportionately targeting homeless individuals. According to a report by the ACLU, “trespass letters of authorization enable police, local businesses, public services, and even homelessness service providers to work together to control the movements of unhoused people and exclude them from both public and private spaces.”14 In a case study conducted in Laguna Beach, the ACLU found that “[s]eventy percent of trespass letters of authorization reference unhoused people as an impetus for the letter” and that from 2020 to April 2021, “three-quarters of all trespassing citations were issued to people that police officers identified as being unhoused.”15 8 Ding et al., Homelessness on public transit: A review of problems and responses, Transportation Reviews, 2022, Vol. 42: 2, 134-156, at p. 135 <https://doi.org/10.1080/01441647.2021.1923583> (as of Mar. 12, 2026). 9 Kendall, No sleeping bags, keep moving: California cities increase crackdown on homeless encampments (Sept. 12, 2024) <https://calmatters.org/housing/homelessness/2024/09/camping-ban-ordinances/> (as of Mar. 12, 2026). 10 Ibid. 11 Ibid. 12 Julia Wick, Throwing people in jail on drug charges? That’s Bakersfield’s idea to fight homelessness.” Los Angeles Times (Sept. 27, 2019) <https://www.latimes.com/california/story/2019-09-26/homeless-bakersfield-jail- misdemeanor-drug-trespassing> (as of Mar. 12, 2026). 13 Janie Har, San Jose makes homeless people eligible for arrest if they refuse 3 offers of shelter, NBC Bay Area (June 10, 2025) <https://www.nbcbayarea.com/news/local/san-jose-homeless-people-arrests-shelter-offer/3889306/> (as of Mar. 12, 2026). 14 ACLU California, Outside the Law: The Legal War Against Unhoused People (Oct. 2021), at p. 47 <https://www.aclusocal.org/app/uploads/2021/11/outsidethelaw-aclufdnsca-report.pdf> (as of Mar. 12, 2026). 15 Id. at pp. 50-51. AB 1632 Page 5 Trespass letters can constitute a significant portion of the total citations issued to unhoused persons. According to the ACLU Report, of the 97 citations issued to unhoused people in Laguna Beach from January 2020 to April 2021, 67 (69 percent) resulted from trespass authorization letters.16 Such strict enforcement of trespass laws can contribute to a cycle of arrests, hearings, and fines that make emerging from homelessness more difficult. 5) Argument in Support: According to the City of Riverside, “As a city committed to public safety and property protection, Riverside is taking proactive steps to address persistent challenges related to trespass and unauthorized property occupation. We are proud to sponsor AB 1632, which amends Section 602 of the Penal Code to strengthen enforcement tools and improve property protection for communities across California. “AB 1632 makes two critical improvements: 1. Removes the notarization requirement for submitting a request for peace officer assistance in dealing with trespass incidents. This change streamlines the process for property owners and local agencies, reducing administrative burdens and improving responsiveness. 2. Extends the duration of a single request for peace officer assistance from 12 months to 3 years for properties that are closed to the public, present a fire hazard, or where the owner is absent. This extension provides greater efficiency and continuity in enforcement, particularly for properties that remain vulnerable for extended periods. “Riverside faces ongoing challenges with unauthorized entry and occupation of properties, which can lead to public safety hazards, fire risks, and significant costs for property owners and taxpayers. By simplifying the request process and allowing longer coverage periods, AB 1632 will help law enforcement respond more effectively and reduce repeated administrative filings.” 6) Argument in Opposition: According to the National Alliance to End Homelessness, AB 1632 “significantly expand[s] the scope of existing trespassing procedures without regard for due process protections or other unintended consequences of this expansion. Moreover, this bill would disproportionately target people experiencing homelessness and lead to more sanctions and penalties that add more impediments to getting back into housing. “Under existing law, property owners that are seeking to remove a suspected trespasser can submit a letter to local law enforcement, giving them the mandate to remove people from the designated property for up to one year. Up until recently, the submittal of these trespass letters, often referred as “602 letters” in reference to California Penal Code Section 602, led to a 30 day period where law enforcement was authorized to remove potential trespassers. As of January 1, 2024, Penal Code Section 602 was changed to dramatically extend this 30 day period to one year, and gave additional flexibility to allow property owners to submit these letters electronically. Meanwhile, AB 1632 proposes to expand this period from one year to three years, and to remove the requirement for these letters to be notarized. 16 Id. at p. 51. AB 1632 Page 6 “Given this very recent expansion of Penal Code 602, it would not [be] appropriate to further expand the scope while California is still seeking to understand the ramifications of recent changes. Additionally, crime data do not substantiate any need for this expansion—in 2024, property crime declined nearly 10% from the prior year, reaching its lowest levels in 30 years. “Moreover, expanding the length of time that 602 letters can remain in effect, coupled with the ability to submit these letters electronically without notarization, increases the likelihood of letters being submitted in absentia, and leading to arrests based on extremely outdated information, which would likely undermine critical due process protections. “Finally, this policy would fall disproportionately on people experiencing homelessness, and extensive evidence shows it would likely exacerbate and prolong their homelessness. Trespassing is often one of the most common offenses used to cite people experiencing homelessness. Yet the arrests, citations, and fines that arise from these offenses often make it harder for people to move back into housing—one recent study showed citations and arrests prolonged a person’s homelessness for nearly two years, even when controlling for other factors “Public safety and homelessness consistently top the list of priorities for California voters. However, given recent changes to Penal Code 602, AB 1632 would only exacerbate homelessness while providing now discernible benefit to communities other than to increase arbitrary penalties falling hardest on a community’s poorest residents.” 7) Related Legislation: AB 1097 (Avila Farias), of the 2025-2026 Legislative Session, would have made it a misdemeanor for a person to enter upon private property within 48 hours of the owner requesting that person to leave the premises or having received an order of exclusion from a tribal government. The hearing on AB 1097 in this committee was canceled at the request of the author. 8) Prior Legislation: a) AB 2120 (Chen), of the 2023-2024 Legislative Session, would have allowed a licensed repossession agency and its employees to enter upon real property, not open to the public and without the consent of the owner, when they are searching for collateral or repossessing collateral, and upon completing the search or repossession, leave the private property within a reasonable amount of time. AB 2120 was vetoed by the Governor. b) SB 468 (Seyarto), of the 2023-2024 Legislative Session, was substantially similar to this bill. SB 468 was never heard in Senate Public Safety. c) SB 602 (Archuleta), Chapter 404, Statutes of 2023, extended the operative timeframe for trespass letters of authorization from 30 days to 12 months, as specified. d) SB 1110 (Melendez), of the 2021-2022 Legislative Session, was substantially similar to this bill. SB 1110 failed passage on the Assembly floor. e) AB 515 (Chen), of the 2021-2022 Legislative Session, was substantially similar to AB 2120 (Chen), of the 2023-2024 Legislative Session. AB 515 was vetoed by the Governor. AB 1632 Page 7 f) AB 660 (Rubio), Chapter 381, Statutes of 2017, expanded the crime of trespass on the property of a public agency. g) AB 1686 (Medina), Chapter 453, Statutes of 2014, extended from six months to 12 months the time in which a property owner may authorize a peace officer to arrest a trespasser on private property, closed to the public and posted as being closed, without the owner of the property being present. h) SB 1295 (Block), Chapter 373, Statutes of 2014, extended from six months to 12 months the time in which a property owner may authorize a peace officer to arrest a trespasser on private property, closed to the public and posted as being closed, without the owner of the property being present, and provides that a request for assistance shall expire upon transfer of ownership of the property or upon change of the person in lawful possession. i) AB 668 (Lieu) Chapter 531, Statutes of 2010, expanded the scope of criminal trespass by providing that during a specified timeframe it is unlawful for a person who has been convicted of any felony, any misdemeanor, or any specified infraction, committed upon a particular private property, to enter or refuse or fail to leave that property after being informed by a peace officer that the property is not open to the particular person, or to refuse or fail to leave when asked, as specified. REGISTERED SUPPORT / OPPOSITION: Support California Police Chiefs Association City of Bellflower City of Beverly Hills City of Concord City of Corona City of Eastvale City of Indio City of LA Quinta, Riverside County, California City of Martinez City of Menifee City of Palm Desert City of Riverside City of San Jacinto City of Temecula City of Walnut Creek Elsinore Valley Municipal Water District League of California Cities Southwest California Legislative Council AB 1632 Page 8 Oppose ACLU California Action California Public Defenders Association Californians United for a Responsible Budget Cd11 Coalition for Human Rights Ella Baker Center for Human Rights Felony Murder Elimination Project Homefirst Services of Santa Clara County Homeless Action Center Alameda County Housing California Initiate Justice Justice2jobs Coalition LA Defensa Legal Services for Prisoners With Children / All of US or None Local 148 Los Angeles County Public Defender's Union National Alliance to End Homelessness San Francisco Public Defender The Bride's Chamber The Translatin@ Coalition University of the Pacific McGeorge School of Law Homeless Advocacy Clinic Western Center on Law & Poverty, INC. Western Regional Advocacy Project Analysis Prepared by: Ilan Zur / PUB. S. / (916) 319-3744 california legislature—2025–26 regular session ASSEMBLY BILL No. 1708 Introduced by Assembly Member Solache February 4, 2026 An act to add Section 50246 to the Health and Safety Code, relating to housing. legislative counsel’s digest AB 1708, as introduced, Solache. Homeless Housing, Assistance, and Prevention program: round 7. Existing law establishes the Homeless Housing, Assistance, and Prevention (HHAP) program for the purpose of providing jurisdictions with grant funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges, as specified. Existing law provides for the allocation of funding under the program among continuums of care, cities, counties, and tribes in 6 rounds, with rounds 1 to 5, inclusive, administered by the Interagency Council on Homelessness and round 6 administered by the Department of Housing and Community Development, as provided. Existing law establishes round 7 of the program and states the intent of the Legislature to enact future legislation that specifies the parameters, as specified. Existing law, effective July 1, 2026, appropriates $500,000,000, as specified, provided that these funds be disbursed in accordance with specified requirements, including that funds from this appropriation be disbursed to a city, county, tribe, or continuum of care for round 7 of the program after a declaration by the director of the department, in consultation with the Director of Finance, that the department has substantially completed its initial disbursement of round 6 funds to the city, county, tribe, or continuum of care and that the city, county, tribe, 99 or continuum of care has obligated at least 50% of its total round 6 award. Existing law requires the department, during the 2025–26 fiscal year, to prepare to administer round 7 of the program with the goal that initial round 7 disbursements will be available to grantees meeting the statutory provisions for disbursement beginning September 1, 2026, as specified. This bill would require a continuum of care receiving funding pursuant to round 7, as described above, to allocate funds to a smaller jurisdiction, defined as a city with a population under 300,000. The bill would require a smaller jurisdiction, in order to be eligible for funding, to, among other things, adopt a resolution, as specified, have a compliant housing element, and have adopted a local encampment policy, as described. The bill would require a continuum of care to accept applications for funding in accordance with specified procedures. 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 50246 is added to the Health and Safety line 2 Code, to read: line 3 50246. (a)  A continuum of care receiving funding pursuant to line 4 paragraph (2) of subdivision (b) of Section 50245 shall allocate line 5 funds to smaller jurisdictions pursuant to this section. line 6 (b)  In order to be eligible to receive funding pursuant to this line 7 section, the smaller jurisdiction shall comply with each of the line 8 following: line 9 (1)  (A)  Adopt a resolution that does both of the following: line 10 (i)  Commits to participating in, and complying with, the line 11 regionally coordinated homelessness action plan. line 12 (ii)  Directs the mayor to sign the memorandum of understanding line 13 that reflects the regionally coordinated homelessness action plan. line 14 (B)  (i)  Prior to adopting the resolution described in this line 15 paragraph, the smaller jurisdiction shall hold a public hearing to line 16 consider the regionally coordinated homelessness action plan. line 17 (ii)  At least 30 days prior to the public hearing, the smaller line 18 jurisdiction shall post on its internet website the proposed, line 19 approved, and amended regionally coordinated homelessness action line 20 plan. line 21 (2)  Have a compliant housing element. 99 — 2 — AB 1708 line 1 (3)  Have adopted a local encampment policy consistent with line 2 administration guidance. line 3 (4)  Demonstrate how its past actions, programs, and line 4 appropriation of funds have served the objectives and goals of the line 5 adopted regionally coordinated homelessness action plan and the line 6 intent of the Homeless Housing, Assistance, and Prevention line 7 program to prevent and expeditiously reduce unsheltered line 8 homelessness through homelessness prevention activities. line 9 (c)  A continuum of care shall accept applications for funding line 10 in accordance with the following procedure: line 11 (1)  During an initial period of 30 days, for round 7 funding, a line 12 continuum of care shall accept only applications from smaller line 13 jurisdictions determined to be eligible pursuant to subdivision (b). line 14 (2)  (A)  The continuum of care shall evaluate the applications line 15 submitted pursuant to paragraph (1) and award funds in compliance line 16 with all round 7 rules and regulations. line 17 (B)  The continuum of care shall prioritize applications in which line 18 a smaller jurisdiction agrees to utilize round 7 funding in line 19 partnership with a nonprofit, another smaller jurisdiction, or other line 20 private organization eligible for round 7 funding. line 21 (3)  If funding remains after the awards made pursuant to line 22 paragraph (2), the continuum of care shall accept and evaluate line 23 applications from other eligible applicants. line 24 (d)  For purposes of this section, “smaller jurisdiction” means a line 25 city with a population under 300,000. O 99 AB 1708 — 3 — AMENDED IN ASSEMBLY MARCH 16, 2026 california legislature—2025–26 regular session ASSEMBLY BILL No. 1738 Introduced by Assembly Member Carrillo (Principal coauthor: Assembly Member Wicks) (Coauthors: Assembly Members Harabedian and Quirk-Silva) (Coauthor: Senator Wiener) February 5, 2026 An act to amend Section 65400 of the Government Code, and to add Section 17970.9 to the Health and Safety Code, relating to housing. legislative counsel’s digest AB 1738, as amended, Carrillo. State Housing Law: remote inspections. Existing law, the State Housing Law, establishes statewide construction and occupancy standards for buildings used for human habitation. Existing law requires the building department of every city or county to enforce the provisions of the State Housing Law, the State Building Standards Code, and other specified rules and regulations promulgated pursuant to the State Housing Law pertaining to standards for buildings used for human habitation. Existing law, in the event of nonenforcement of the provisions of the State Housing Law, the State Building Standards Code, and the other rules and regulations promulgated pursuant to the State Housing Law, requires the Department of Housing and Community Development (HCD) to enforce these provisions, as provided. Existing law authorizes an officer, employee, or agent of an enforcement agency to enter and inspect any building or premises whenever necessary to secure compliance with, or prevent a violation of, any provision of the State Housing Law, the building 98 standards published in the State Building Standards Code, and other rules and regulations promulgated pursuant to the provisions of the State Housing Law. Existing law provides certain immunities to a public entity or employee immunity relative to an inspection or license, as provided. This bill would require a city, including a charter city, county, or city and county to offer a homeowner or contractor the option of requesting remote inspections for all or a subset of an inspection required by a building permit for specified works in one- or 2-family dwelling units, by July 1, 2027, as provided. The bill would apply the above-described immunities to remote inspections. The bill would authorize these local agencies, at their discretion, to set up a process to perform onsite audits to confirm that a homeowner or contractor accurately represented the work subject to the remote inspection and to temporarily ban the homeowner or contractor from using the remote inspection if the homeowner is found to have willfully misrepresented the work, as provided. The bill would require these local agencies, by July 1, 2027 and annually thereafter, to provide a report to HCD that confirms that these local agencies have implemented remote inspections in compliance with these provisions and authorize HCD to post these reports on its internet website. The bill would authorize HCD to request information from these local agencies in order to assess whether these local agencies are in compliance with these provisions, to post this information on the HCD’s internet website, and to take appropriate enforcement action to ensure compliance with these provisions. By imposing new duties on local agencies, the bill would impose a state-mandated local program. The Planning and Zoning Law requires cities and counties to prepare and adopt a comprehensive, long-term general plan for the physical development of the county or city, and of any land outside its boundaries which bears relation to its planning, as provided. After the city or county has adopted all or part of a general plan, existing law requires the city or county to provide by April 1 of each year an annual report to specified entities that includes certain information, including the status of the plan and progress of its implementation. This bill would require the city or county to include in the report a report that confirms that the city or county has implemented remote inspection in compliance with the above-described provisions, beginning with the report due April 1, 2028, as specified. By requiring cities and counties to include additional information in these annual reports, the bill would impose a state-mandated local program. 98 — 2 — AB 1738 The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. 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. The Legislature finds and declares all of the line 2 following: line 3 (a)  California faces a housing affordability crisis where every line 4 unnecessary cost and time increase compounds the challenge of line 5 building homes. line 6 (b)  A meaningful portion of the staff time at a building line 7 department is spent inspecting simple home renovations, which line 8 takes time away from the more urgent need for getting new housing line 9 built and drives up the cost that families face in making line 10 improvements to their homes, including in adding additional line 11 dwelling units. line 12 (c)  The City of Palo Alto found in a recent audit that the most line 13 critical issue in the permit process is the long lead time for building line 14 inspections, which is typically about two weeks between request line 15 and inspection. line 16 (d)  Many homeowners and contractors circumvent permitting line 17 processes altogether for home renovation projects. A 2019 Public line 18 Utilities Commission report found just one-third of heating, line 19 ventilation, and air conditioning air-conditioning systems line 20 changeouts had permits. line 21 (e)  The COVID-19 pandemic disrupted the operations of local line 22 jurisdictions across the country, forcing many building inspection line 23 departments to pivot to remote inspections for routine building line 24 inspections. line 25 (f)  Remote virtual inspections (RVIs) are becoming increasingly line 26 widespread, both in California and the rest of the country, with 98 AB 1738 — 3 — line 1 over a dozen municipalities in California currently offering remote line 2 inspections for at least one type of permit. line 3 (g)  Remote virtual inspections can reduce travel costs and free line 4 up time for building construction inspectors, speed up permitting line 5 timelines, reduce the cost of renovations, improve building line 6 construction inspector safety, and streamline disaster recovery by line 7 reducing permit delays and reducing work backlogs. line 8 (h)  The International Code Council (ICC) has issued best line 9 practices for remote inspections, and the National Fire Protection line 10 Association and federal Department of Housing and Urban line 11 Development have also issued remote inspection standards. line 12 (i)  According to the ICC, “all inspections may qualify for an line 13 RVI, depending on the authority having jurisdiction’s resources line 14 and policies.” line 15 (j)  The oversight of permitting and inspections is a matter of line 16 statewide concern and is not a municipal affair as that term is used line 17 in Section 5 of Article XI of the California Constitution. Therefore, line 18 Section 2 of this act amending Section 65400 of the Government line 19 Code and Section 3 of this act adding Section 17970.9 to the Health line 20 and Safety Code applies apply to all cities, including charter cities. line 21 SEC. 2. Section 65400 of the Government Code is amended to line 22 read: line 23 65400. (a)  After the legislative body has adopted all or part line 24 of a general plan, the planning agency shall do both of the line 25 following: line 26 (1)  Investigate and make recommendations to the legislative line 27 body regarding reasonable and practical means for implementing line 28 the general plan or element of the general plan so that it will serve line 29 as an effective guide for orderly growth and development, line 30 preservation and conservation of open-space land and natural line 31 resources, and the efficient expenditure of public funds relating to line 32 the subjects addressed in the general plan. line 33 (2)  Provide by April 1 of each year an annual report to the line 34 legislative body, the Office of Land Use and Climate Innovation, line 35 and the Department of Housing and Community Development that line 36 includes all of the following: line 37 (A)  The status of the plan and progress in its implementation. line 38 (B)  (i)  (I)  The progress in meeting its share of regional housing line 39 needs determined pursuant to Section 65584, including the need line 40 for extremely low income households, as determined pursuant to 98 — 4 — AB 1738 line 1 Section 65583, and local efforts to remove governmental line 2 constraints to the maintenance, improvement, and development of line 3 housing pursuant to paragraph (3) of subdivision (c) of Section line 4 65583. line 5 (II)  The annual report shall include the progress in meeting the line 6 city’s or county’s progress in meeting its share of regional housing line 7 need, as described in subclause (I), for the sixth and previous line 8 revisions of the housing element. line 9 (ii)  The housing element portion of the annual report, as required line 10 by this paragraph, shall be prepared through the use of standards, line 11 forms, and definitions adopted by the Department of Housing and line 12 Community Development. The department may review, adopt, line 13 amend, and repeal the standards, forms, or definitions to implement line 14 this article. Any standards, forms, or definitions adopted to line 15 implement this article shall not be subject to Chapter 3.5 line 16 (commencing with Section 11340) of Part 1 of Division 3 of Title line 17 2. Before and after adoption of the forms, the housing element line 18 portion of the annual report shall include a section that describes line 19 the actions taken by the local government towards completion of line 20 the programs and status of the local government’s compliance with line 21 the deadlines in its housing element. The report shall be considered line 22 at an annual public meeting before the legislative body where line 23 members of the public shall be allowed to provide oral testimony line 24 and written comments. line 25 (iii)  The report may include the number of units that have been line 26 completed pursuant to subdivision (c) of Section 65583.1. For line 27 purposes of this paragraph, committed assistance may be executed line 28 throughout the planning period, and the program under paragraph line 29 (1) of subdivision (c) of Section 65583.1 shall not be required. line 30 The report shall document how the units meet the standards set line 31 forth in that subdivision. line 32 (iv)  The planning agency shall include the number of units in line 33 a student housing development for lower income students for which line 34 the developer of the student housing development was granted a line 35 density bonus pursuant to subparagraph (F) of paragraph (1) of line 36 subdivision (b) of Section 65915. line 37 (v)  The report may include the number of units of existing line 38 deed-restricted affordable housing with an average affordability line 39 no greater than 45 percent of area median income that are at least line 40 15 years old and have been substantially rehabilitated with at least 98 AB 1738 — 5 — line 1 sixty thousand dollars ($60,000) per unit in funds awarded from line 2 the city or, for unincorporated areas, the county, inclusive of line 3 forgiveness of principal or interest on existing debt. Any units line 4 included in the report pursuant to this clause shall not be considered line 5 when determining affordability requirements for purposes of line 6 paragraph (4) of subdivision (a) of Section 65913.4. line 7 (C)  The number of housing development applications received line 8 in the prior year, including both of the following, when applicable: line 9 (i)  Whether each housing development application is subject to line 10 a ministerial or discretionary approval process. line 11 (ii)  Beginning with the report due by April 1, 2027, whether line 12 each application is subject to a replacement housing or relocation line 13 assistance obligation pursuant to local, state, or federal law, line 14 including, but not limited to, Section 65583.2, 65915, or 66300.6. line 15 (D)  The number of units included in all development line 16 applications in the prior year. line 17 (E)  (i)  The number of units approved and disapproved in the line 18 prior year, which shall include all of the following subcategories: line 19 (I)  The number of units located within an opportunity area. line 20 (II)  For the seventh and each subsequent revision of the housing line 21 element, the number of units approved and disapproved for acutely line 22 low income households within each opportunity area. line 23 (III)  For the seventh and each subsequent revision of the housing line 24 element, the number of units approved and disapproved for line 25 extremely low income households within each opportunity area. line 26 (IV)  The number of units approved and disapproved for very line 27 low income households within each opportunity area. line 28 (V)  The number of units approved and disapproved for lower line 29 income households within each opportunity area. line 30 (VI)  The number of units approved and disapproved for line 31 moderate-income households within each opportunity area. line 32 (VII)  The number of units approved and disapproved for above line 33 moderate-income households within each opportunity area. line 34 (ii)  For purposes of this subparagraph, “opportunity area” means line 35 a highest, high, moderate, or low resource area pursuant to the line 36 most recent “CTCAC/HCD Opportunity Map” published by the line 37 California Tax Credit Allocation Committee and the Department line 38 of Housing and Community Development. 98 — 6 — AB 1738 line 1 (F)  The degree to which its approved general plan complies line 2 with the guidelines developed and adopted pursuant to Section line 3 65040.2 and the date of the last revision to the general plan. line 4 (G)  A listing of sites rezoned to accommodate that portion of line 5 the city’s or county’s share of the regional housing need for each line 6 income level that could not be accommodated on sites identified line 7 in the inventory required by paragraph (1) of subdivision (c) of line 8 Section 65583 and Section 65584.09. The listing of sites shall also line 9 include any additional sites that may have been required to be line 10 identified by Section 65863. line 11 (H)  (i)  The number of units of housing demolished and new line 12 units of housing, including both rental housing and for-sale housing line 13 and any units that the County of Napa or the City of Napa may line 14 report pursuant to an agreement entered into pursuant to Section line 15 65584.08, that have been issued a completed entitlement, a building line 16 permit, or a certificate of occupancy, thus far in the housing line 17 element cycle, and the income category, by area median income line 18 category, that each unit of housing satisfies. That production report line 19 shall do the following: line 20 (I)  For each income category described in this subparagraph, line 21 distinguish between the number of rental housing units and the line 22 number of for-sale units that satisfy each income category. line 23 (II)  For each entitlement, building permit, or certificate of line 24 occupancy, include a unique site identifier that must include the line 25 assessor’s parcel number, but may also include street address, or line 26 other identifiers. line 27 (III)  Beginning with the report due by April 1, 2027, for each line 28 entitlement, building permit, or certificate of occupancy, include line 29 the total number of replacement housing units by income level line 30 required pursuant to local, state, or federal law, including, but not line 31 limited to, Section 65583.2, 65915, or 66300.6. line 32 (IV)  Beginning with the report due by April 1, 2027, for each line 33 entitlement, building permit, or certificate of occupancy, include line 34 the number, by income level, of replacement housing units entitled, line 35 permitted, or issued a certificate of occupancy. line 36 (ii)  For the County of Napa and the City of Napa, the production line 37 report may report units identified in the agreement entered into line 38 pursuant to Section 65584.08. line 39 (I)  The number of applications submitted pursuant to subdivision line 40 (a) of Section 65913.4, the location and the total number of 98 AB 1738 — 7 — line 1 developments approved pursuant to subdivision (c) of Section line 2 65913.4, the total number of building permits issued pursuant to line 3 subdivision (c) of Section 65913.4, the total number of units line 4 including both rental housing and for-sale housing by area median line 5 income category constructed using the process provided for in line 6 subdivision (c) of Section 65913.4. line 7 (J)  If the city or county has received funding pursuant to the line 8 Local Government Planning Support Grants Program (Chapter 3.1 line 9 (commencing with Section 50515) of Part 2 of Division 31 of the line 10 Health and Safety Code), the information required pursuant to line 11 subdivision (a) of Section 50515.04 of the Health and Safety Code. line 12 (K)  The progress of the city or county in adopting or amending line 13 its general plan or local open-space element in compliance with line 14 its obligations to consult with California Native American tribes, line 15 and to identify and protect, preserve, and mitigate impacts to line 16 places, features, and objects described in Sections 5097.9 and line 17 5097.993 of the Public Resources Code, pursuant to Chapter 905 line 18 of the Statutes of 2004. line 19 (L)  The following information with respect to density bonuses line 20 granted in accordance with Section 65915: line 21 (i)  The number of density bonus applications received by the line 22 city or county. line 23 (ii)  The number of density bonus applications approved by the line 24 city or county. line 25 (iii)  Data from all projects approved to receive a density bonus line 26 from the city or county, including, but not limited to, the percentage line 27 of density bonus received, the percentage of affordable units in line 28 the project, the number of other incentives or concessions granted line 29 to the project, and any waiver or reduction of parking standards line 30 for the project. line 31 (M)  The following information with respect to each application line 32 submitted pursuant to Chapter 4.1 (commencing with Section line 33 65912.100): line 34 (i)  The location of the project. line 35 (ii)  The status of the project, including whether it has been line 36 entitled, whether a building permit has been issued, and whether line 37 or not it has been completed. line 38 (iii)  The number of units in the project. line 39 (iv)  The number of units in the project that are rental housing. line 40 (v)  The number of units in the project that are for-sale housing. 98 — 8 — AB 1738 line 1 (vi)  The household income category of the units, as determined line 2 pursuant to subdivision (f) of Section 65584. line 3 (N)  A list of all historic designations listed on the National line 4 Register of Historic Places, the California Register of Historical line 5 Resources, or a local register of historic places by the city or county line 6 in the past year, and the status of any housing development projects line 7 proposed for the new historic designations, including all of the line 8 following: line 9 (i)  Whether the housing development project has been entitled. line 10 (ii)  Whether a building permit has been issued for the housing line 11 development project. line 12 (iii)  The number of units in the housing development project. line 13 (O)  The following information with respect to housing line 14 development projects under Section 65913.16: line 15 (i)  The number of applications submitted under Section line 16 65913.16. line 17 (ii)  The location and number of developments approved under line 18 Section 65913.16. line 19 (iii)  The total number of building permits issued pursuant to line 20 Section 65913.16. line 21 (iv)  The total number of units constructed under Section line 22 65913.16 and the income category of those units. line 23 (P)  Beginning with the report due by April 1, 2027, a report on line 24 the demolition of housing units for any purpose, which shall line 25 include, but not be limited to, all of the following: line 26 (i)  The total number of housing units approved for demolition line 27 during the year. line 28 (ii)  The total number of housing units demolished during the line 29 year. line 30 (iii)  For each approved or completed demolition, all of the line 31 following: line 32 (I)  The location of the approved or completed demolition, using line 33 a unique site identifier that shall include the assessor’s parcel line 34 number, and may also include the street address or other identifiers. line 35 (II)  The date the demolition was approved. line 36 (III)  The total number of rental and ownership units demolished line 37 or approved for demolition. line 38 (IV)  The number, by income level, of protected units, as defined line 39 in subdivision (h) of Section 66300.5, demolished or approved for line 40 demolition. 98 AB 1738 — 9 — line 1 (V)  A description of any approved uses on the site. line 2 (VI)  A description of any relocation assistance provided as line 3 required pursuant to local, state, or federal law, including, but not line 4 limited to, the relocation assistance required to be provided to each line 5 displaced occupant of any demolished protected unit pursuant to line 6 Section 66300.6. line 7 (Q)  Beginning with the report due by April 1, 2027, a report on line 8 replacement housing units required pursuant to local, state, or line 9 federal law, including, but not limited to, Section 66300.6, for line 10 approved development projects that are not housing development line 11 projects, which shall include, for each applicable development line 12 project, all of the following: line 13 (i)  The approved or proposed location of the replacement units, line 14 using a unique site identifier that shall include the assessor’s parcel line 15 number, and may also include the street address or other identifiers. line 16 (ii)  The entity that is developing the replacement units. line 17 (iii)  The anticipated completion date of the replacement units. line 18 (R)  Beginning with the report due April 1, 2028, a report that line 19 confirms that the city or county has implemented a remote line 20 inspection program in compliance with Section 17970.9 of the line 21 Health and Safety Code, which shall include all of the following: line 22 (i)  The number of inspections for different types of permits that line 23 are done remotely and in person. line 24 (ii)  The failure rates of remote and in-person inspections for line 25 different types of permits. line 26 (iii)  The number of audits conducted of remote inspections for line 27 different types of permits. line 28 (b)  (1)  (A)  The department may request corrections to the line 29 housing element portion of an annual report submitted pursuant line 30 to paragraph (2) of subdivision (a) within 90 days of receipt. A line 31 planning agency shall make the requested corrections within 30 line 32 days after which the department may reject the report if the report line 33 is not in substantial compliance with the requirements of that line 34 paragraph. line 35 (B)  If the department rejects the housing element portion of an line 36 annual report as authorized by subparagraph (A), the department line 37 shall provide the reasons the report is inconsistent with paragraph line 38 (2) of subdivision (a) to the planning agency in writing. line 39 (2)  If a court finds, upon a motion to that effect, that a city, line 40 county, or city and county failed to submit, within 60 days of the 98 — 10 — AB 1738 line 1 deadline established in this section, the housing element portion line 2 of the report required pursuant to subparagraph (B) of paragraph line 3 (2) of subdivision (a) that substantially complies with the line 4 requirements of this section, the court shall issue an order or line 5 judgment compelling compliance with this section within 60 days. line 6 If the city, county, or city and county fails to comply with the line 7 court’s order within 60 days, the plaintiff or petitioner may move line 8 for sanctions, and the court may, upon that motion, grant line 9 appropriate sanctions. The court shall retain jurisdiction to ensure line 10 that its order or judgment is carried out. If the court determines line 11 that its order or judgment is not carried out within 60 days, the line 12 court may issue further orders as provided by law to ensure that line 13 the purposes and policies of this section are fulfilled. This line 14 subdivision applies to proceedings initiated on or after the first line 15 day of October following the adoption of forms and definitions by line 16 the Department of Housing and Community Development pursuant line 17 to paragraph (2) of subdivision (a), but no sooner than six months line 18 following that adoption. line 19 (c)  The Department of Housing and Community Development line 20 shall post a report submitted pursuant to this section on its internet line 21 website within a reasonable time of receiving the report. line 22 SEC. 2. line 23 SEC. 3. Section 17970.9 is added to the Health and Safety line 24 Code, to read: line 25 17970.9. (a)  By July 1, 2027, a city, including a charter city, line 26 county, or city and county shall offer a homeowner or contractor line 27 the option of requesting a remote inspection, with the inspection line 28 conducted offsite and the homeowner being able to use either line 29 videoconferencing or recorded photos and videos for all or a subset line 30 of an inspection required by a building permit for any the following line 31 in single- or two-family dwelling units: line 32 (1)  Residential and commercial water heaters. line 33 (2)  Residential heating, ventilation, and air conditioning line 34 air-conditioning systems (HVAC). line 35 (3)  Residential and commercial reroofs. line 36 (4)  Minor residential electrical work, including all of the line 37 following: line 38 (A)  Main and subservice panels. line 39 (B)  Rewire work. line 40 (C)  Whole-house fans. 98 AB 1738 — 11 — line 1 (D)  Ceiling fans. line 2 (E)  New electrical circuits. line 3 (5)  Residential plumbing work, including all of the following: line 4 (A)  Sewer repair and replacement. line 5 (B)  Replumbing of supply and drainage piping. line 6 (C)  Fixture replacement. line 7 (6)  Photovoltaic and energy storage systems. line 8 (7)  Smoke and carbon monoxide detectors. line 9 (8)  Accessory dwelling units or junior accessory dwelling units line 10 under 800 square feet. line 11 (9)  Home hardening and defensible space, including line 12 improvements to comply with the California Wildland-Urban line 13 Interface Code (Part 7 of Title 24 of the California Code of line 14 Regulations). line 15 (b)  By July 1, 2027, a city, including a charter city, county, or line 16 city and country county shall offer a homeowner or contractor the line 17 option of requesting a remote inspection with the inspection line 18 conducted offsite and the homeowner being able to use either line 19 videoconferencing or recorded photos and videos, for all or a subset line 20 of the inspections required by a building permit for any of the line 21 following in single- or two-family dwelling units, subject to the line 22 discretion of the building construction inspector: line 23 (1)  Drywall. line 24 (2)  Exterior siding. line 25 (3)  Insulation. line 26 (4)  Signs. line 27 (5)  Window replacements. line 28 (6)  Light foundations and footings. line 29 (7)  Fireplace inserts. line 30 (8)  Patios or decks. line 31 (9)  Temporary power poles. line 32 (10)  Demolition. line 33 (11)  Removing gas lines. line 34 (12)  Residential additions under 800 square feet. line 35 (13)  Storage sheds under 800 square feet. line 36 (c)  A city, charter city, county, or city and county may keep a line 37 digital record of the remote inspection conducted pursuant to line 38 subdivision (a) or (b) for later review, training, or compliance. line 39 (d)  If a homeowner or contractor fails a remote inspection line 40 required by a building permit conducted pursuant to subdivision 98 — 12 — AB 1738 line 1 (a) or (b), a building construction inspector may, at their discretion, line 2 conduct future inspections required by that building permit line 3 remotely or in person. line 4 (e)  A city, including a charter city, county, or city and county line 5 shall offer a remote inspection at no greater cost and with no greater line 6 delay than in-person inspection. line 7 (f)  All liabilities and immunities, including, but not limited to, line 8 the immunities provided in Sections 818.4, 818.6, and 821.2 of line 9 the Government Code, applicable to cities, including charter cities, line 10 counties, and cities and counties and their employees shall apply line 11 to a remote inspection. line 12 (g)  (1)  A city, including a charter city, county, or city and line 13 county county may, at their discretion, set up a process to perform line 14 onsite audits to confirm that a homeowner or contractor accurately line 15 represented the work that is subject of a remote inspection. If the line 16 homeowner or contractor is found to have willfully misrepresented line 17 the work that is the subject of a remote inspection, a city, including line 18 a charter city, county, or city and county may temporarily ban the line 19 homeowner or contractor from using a remote inspection. line 20 (2)  A city, including a charter city, county, or city and county, line 21 may enter into agreements with other cities, including charter line 22 cities, counties, or cities and counties to enforce each other’s line 23 temporary homeowner or contractor bans. line 24 (h)  (1)  By July 1, 2027 and annually thereafter, a city, including line 25 a charter city, county, or city and county shall provide a report to line 26 the department that confirms that it has implemented a remote line 27 inspection program in compliance with this section. The report line 28 shall include both of the following: line 29 (A)  The number of inspections for different types of permits line 30 that are done remotely and in person. line 31 (B)  The failure rates of each inspection. line 32 (2)  The department may determine the form of the report line 33 required by paragraph (1). line 34 (3)  The department may request information from a city, line 35 including a charter city, county, or city and county, in order to line 36 assess whether the city, county, or city and county is in compliance line 37 with this section. line 38 (4)  The department may post the information described in line 39 paragraph (1) on its internet website and take appropriate line 40 enforcement action to ensure compliance with this section. 98 AB 1738 — 13 — line 1 SEC. 3. line 2 SEC. 4. No reimbursement is required by this act pursuant to line 3 Section 6 of Article XIIIB of the California Constitution because line 4 a local agency or school district has the authority to levy service line 5 charges, fees, or assessments sufficient to pay for the program or line 6 level of service mandated by this act, within the meaning of Section line 7 17556 of the Government Code. O 98 — 14 — AB 1738 california legislature—2025–26 regular session ASSEMBLY BILL No. 1751 Introduced by Assembly Member Quirk-Silva February 9, 2026 An act to add Section 65852.29 to, and to add Chapter 9 (commencing with Section 66499.45) to Division 2 of Title 7 of, the Government Code, relating to housing. legislative counsel’s digest AB 1751, as introduced, Quirk-Silva. Missing Middle Townhome Ownership Act. Existing law, the Planning and Zoning Law, contains various provisions requiring a local government that receives an application for certain types of qualified housing developments to review the application under a streamlined, ministerial approval process depending on the type of housing development, as specified. Existing law, the Subdivision Map Act, vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency’s processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification thereof. The act generally requires a subdivider to file a tentative map or vesting tentative map with the local agency, as specified, and the local agency, in turn, to approve, conditionally approve, or disapprove the map within a specified time period. Existing law, known as the Starter Home Revitalization Act of 2021, among other things, requires a local agency to ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets certain requirements, including that the housing development project 99 on the lot proposed to be subdivided will contain 10 or fewer residential units, except as provided. 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 does not apply to the approval of ministerial projects. This bill, the Missing Middle Townhome Ownership Act, would authorize a development proponent to submit an application for a townhome housing development project that is subject to a prescribed ministerial approval process if the development complies with certain procedural requirements and satisfies specified objective planning standards. The bill would also require a local agency to ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a townhome development project that meets all of specified requirements, including that the proposed subdivision will result in parcels and residential units that will meet prescribed densities and that the newly created parcels are no smaller than 600 square feet. The act would define “townhome” for these purposes to mean a single-family dwelling unit that is less than or equal to 3 stories of occupiable square footage and shares a common wall, as specified, or is separated from one or more neighboring units by an air gap, and would define “townhome development project” to mean a housing development project consisting entirely of residential dwelling units that satisfy this definition of townhome. The bill would authorize a local agency to disapprove a townhome housing development project, or deny the issuance of a parcel map, a tentative map, or a final map for a townhome development project, allowed under the bill’s provisions if it makes written findings based upon a preponderance of the evidence that the proposed townhome housing development project would have a specific, adverse impact, as provided in specified law, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The bill 99 — 2 — AB 1751 would authorize a local agency to adopt an ordinance to implement its provisions and would provide that the adoption of such an ordinance is not a project under CEQA. By establishing new ministerial approval processes relating to townhome development projects, as described above, this bill would expand the scope of the exemption from CEQA for ministerial projects. Further, by adding to the duties of local officials with respect to the review and approval of townhome development projects, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes.​ State-mandated local program: yes.​ The people of the State of California do enact as follows: line 1 SECTION 1. This bill shall be known, and may be cited, as line 2 the Missing Middle Townhome Ownership Act line 3 SEC. 2. Section 65852.29 is added to the Government Code, line 4 to read: line 5 65852.29. (a)  A development proponent may submit an line 6 application for a townhome housing development project that line 7 meets the requirements of this section. A townhome housing line 8 development project application under this section includes any line 9 city, or for townhome development projects located in an line 10 unincorporated area of a county, land use and zoning approvals line 11 required to authorize construction and occupation of the townhome line 12 housing development project, including, but not limited to, line 13 subdivision, building, grading, and other permits. line 14 (b)  (1)  For any townhome housing development project line 15 application submitted pursuant to this section, a local agency may line 16 impose objective zoning standards, objective subdivision standards, line 17 or objective design standards that are applicable to the townhome line 18 housing development project, and do not conflict with this section. line 19 (2)  Notwithstanding paragraph (1), a local agency shall not line 20 impose on a townhome housing development project an objective 99 AB 1751 — 3 — line 1 zoning standard, objective subdivision standard, or objective design line 2 standard that does or is any of the following: line 3 (A)  Physically precludes the development of a proposed line 4 townhome housing development project that complies with the line 5 densities specified in subparagraph (B) of paragraph (3) of line 6 subdivision (c) of Section 65583.2. line 7 (B)  Imposes any requirement that applies to a townhome housing line 8 development project solely or partially on the basis that the project line 9 receives approval pursuant to this section. line 10 (C)  Requires that parking be enclosed or covered or requires line 11 parking capacity or parking designs that are prohibited or restricted line 12 by other law. line 13 (c)  (1)  A local agency shall ministerially consider, without line 14 discretionary review or a hearing, an application submitted to a line 15 local agency pursuant to this section. line 16 (2)  This section is subject to the applicable housing application line 17 procedures, inclusive of the preliminary application, process for line 18 completing the application, and standards, permitting timelines as line 19 well as other requirements applicable to housing applications, set line 20 forth in the Housing Accountability Act (Section 65589.5) and the line 21 Permit Streamlining Act (Chapter 4.5 (commencing with Section line 22 65920)). line 23 (d)  A local agency may disapprove a townhome housing line 24 development project that meets the requirements of this section if line 25 it makes a written finding, based upon a preponderance of the line 26 evidence, that the proposed townhome housing development project line 27 would have a specific, adverse impact, as defined and determined line 28 in paragraph (2) of subdivision (d) of Section 65589.5, upon public line 29 health and safety and for which there is no feasible method to line 30 satisfactorily mitigate or avoid the specific, adverse impact. line 31 (e)  A local agency may adopt an ordinance to implement the line 32 provisions of this section. An ordinance adopted to implement this line 33 section shall not be considered a project under Division 13 line 34 (commencing with Section 21000) of the Public Resources Code. line 35 (f)  For purposes of this section: line 36 (1)  “Townhome” means a single-family dwelling unit that is line 37 less than or equal to three stories of occupiable square footage, line 38 and meets either of the following conditions: line 39 (A)  Shares a common wall with other single-family dwelling line 40 units on one or two sides. 99 — 4 — AB 1751 line 1 (B)  Is separated from one or more neighboring units by an air line 2 gap. line 3 (2)  “Townhome development project” means a housing line 4 development project consisting entirely of residential units that line 5 satisfy the definition of townhome. line 6 SEC. 3. Chapter 9 (commencing with Section 66499.45) is line 7 added to Division 2 of Title 7 of the Government Code, to read: line 8 line 9 Chapter 9. The Missing Middle Townhome Ownership line 10 Act line 11 line 12 66499.45. For purposes of this chapter: line 13 (a)  “Townhome” means a single-family dwelling unit that is line 14 less than or equal to three stories of occupiable square footage, line 15 and meets either of the following conditions: line 16 (1)  Shares a common wall with other single-family dwelling line 17 units on one or two sides. line 18 (2)  Is separated from one or more neighboring units by an air line 19 gap. line 20 (b)  “Townhome development project” means a housing line 21 development project consisting entirely of residential units that line 22 satisfy the definition of townhome. line 23 66499.46 A local agency shall ministerially consider, without line 24 discretionary review or a hearing, a parcel map or a tentative and line 25 final map for a townhome development project that meets all of line 26 the following requirements: line 27 (a)  (1)  The proposed subdivision will result in parcels and line 28 residential units that will meet densities as specified in line 29 subparagraph (B) of paragraph (3) of subdivision (c) of Section line 30 65583.2. line 31 (2)  The proposed subdivision meets both of the following line 32 requirements: line 33 (A)  The subdivision site satisfies either of the following line 34 eligibility criteria: line 35 (i)  Zoned to allow multifamily residential dwelling use. line 36 (ii)  Underutilized and zoned for single-family residential line 37 development. For purposes of this clause, “underutilized” means line 38 having no permanent residential structure, unless the permanent line 39 residential structure is abandoned and uninhabitable. line 40 “Underutilized” does not include either of the following: 99 AB 1751 — 5 — line 1 (I)  Housing that is subject to a recorded covenant, ordinance, line 2 or law that restricts rent or sales price to levels affordable to line 3 persons and families of low, very low, or extremely low income. line 4 (II)  Housing that is subject to any form of rent or sales price line 5 control through a local public entity’s valid exercise of its police line 6 power by adopted ordinance. line 7 (B)  The lot is not located on any site where a housing line 8 development would be an allowed use as a transit-oriented housing line 9 development pursuant to the applicable requirements of Section line 10 65912.157. line 11 (3)  The newly created parcels are no smaller than 600 square line 12 feet. line 13 (4)  The housing units on the lot proposed to be subdivided are line 14 one of the following: line 15 (A)  Constructed on fee simple ownership lots. line 16 (B)  Part of a common interest development. line 17 (C)  Part of a limited-equity housing cooperative, as defined in line 18 Section 817 of the Civil Code. line 19 (D)  Constructed on land owned by a nonprofit or community line 20 land trust, and the housing unit is sold to the resident in a shared line 21 equity transaction. For the purpose of this subparagraph, line 22 “community land trust” means a nonprofit corporation organized line 23 pursuant to Section 501(c)(3) of the Internal Revenue Code that line 24 satisfies all of the following: line 25 (i)  Has as its primary purposes the creation and maintenance of line 26 permanently affordable single-family or multifamily residences. line 27 (ii)  All dwellings and units located on the land owned by the line 28 nonprofit corporation are sold to qualified owners to be occupied line 29 as the qualified owner’s primary residence or rented to persons line 30 and families of low or moderate income. For the purpose of this line 31 clause, “qualified owner” means a person or family of low or line 32 moderate income, including a person or family of low or moderate line 33 income who owns a dwelling or unit collectively as a member line 34 occupant or resident shareholder of a limited-equity housing line 35 cooperative. line 36 (iii)  The land owned by the nonprofit corporation or land trust, line 37 on which a dwelling or unit sold to a qualified owner is situated, line 38 is leased by the nonprofit corporation to the qualified owner for line 39 the convenient occupation and use of that dwelling or unit for a line 40 renewable term of 99 years, or is subject to an alternate form of 99 — 6 — AB 1751 line 1 shared equity transaction pursuant to which residents recoup all line 2 or most of the mortgage or similar payments paid to the nonprofit line 3 or land trust, and 10 percent of any increase in the value of the line 4 unit is allocated to the departing resident. line 5 (E)  Part of a tenancy in common, as described in Section 685 line 6 of the Civil Code. line 7 (5)  If the parcel is identified to accommodate any portion of the line 8 jurisdiction’s share of the regional housing need for low-income line 9 or very low income households, the affordable housing units for line 10 the townhome development project shall be subject to a recorded line 11 affordability restriction of at least 45 years. line 12 (6)  The development of a townhome development project on line 13 the lot proposed to be subdivided does not require the demolition line 14 of any of the following types of housing: line 15 (A)  Housing that is subject to a recorded covenant, ordinance, line 16 or law that restricts rent to levels affordable to persons and families line 17 of low, very low, or extremely low income. line 18 (B)  Housing that is subject to any form of rent or price control line 19 through a local public entity’s valid exercise of its police power line 20 through an adopted ordinance. line 21 (7)  The lot proposed to be subdivided is not located on a site line 22 that is any of the following: line 23 (A)  Either prime farmland or farmland of statewide importance, line 24 as defined pursuant to United States Department of Agriculture line 25 land inventory and monitoring criteria, as modified for California, line 26 and designated on the maps prepared by the Farmland Mapping line 27 and Monitoring Program of the Department of Conservation, or line 28 land zoned or designated for agricultural protection or preservation line 29 by a local ballot measure that was approved by the voters of that line 30 jurisdiction. line 31 (B)  Wetlands, as defined in the United States Fish and Wildlife line 32 Service Manual, Part 660 FW 2 (June 21, 1993). line 33 (C)  Within a very high fire hazard severity zone, as determined line 34 by the Department of Forestry and Fire Protection pursuant to line 35 Section 51178, or within a high or very high fire hazard severity line 36 zone as indicated on maps adopted by the Department of Forestry line 37 and Fire Protection pursuant to Section 4202 of the Public line 38 Resources Code. line 39 (D)  A hazardous waste site that is listed pursuant to Section line 40 65962.5 or a hazardous waste site designated by the Department 99 AB 1751 — 7 — line 1 of Toxic Substances Control pursuant to former Section 25356 of line 2 the Health and Safety Code, unless either of the following applies: line 3 (i)  The site is an underground storage tank site that received a line 4 uniform closure letter issued pursuant to subdivision (g) of Section line 5 25296.10 of the Health and Safety Code based on closure criteria line 6 established by the State Water Resources Control Board for line 7 residential use or residential mixed uses. This section does not line 8 alter or change the conditions to remove a site from the list of line 9 hazardous waste sites listed pursuant to Section 65962.5. line 10 (ii)  The State Department of Public Health, State Water line 11 Resources Control Board, Department of Toxic Substances Control, line 12 or a local agency making a determination pursuant to subdivision line 13 (c) of Section 25296.10 of the Health and Safety Code, has line 14 otherwise determined that the site is suitable for residential use or line 15 residential mixed uses. line 16 (E)  Within a delineated earthquake fault zone as determined by line 17 the State Geologist in any official maps published by the State line 18 Geologist, unless the housing development project complies with line 19 applicable seismic protection building code standards adopted by line 20 the California Building Standards Commission under the California line 21 Building Standards Law (Part 2.5 (commencing with Section line 22 18901) of Division 13 of the Health and Safety Code), and by any line 23 local building department under Chapter 12.2 (commencing with line 24 Section 8875) of Division 1 of Title 2. line 25 (F)  Within a special flood hazard area subject to inundation by line 26 the 1-percent annual chance flood (100-year flood) as determined line 27 by the Federal Emergency Management Agency in any official line 28 maps published by the Federal Emergency Management Agency. line 29 If a development proponent is able to satisfy all applicable federal line 30 qualifying criteria in order to provide that the site satisfies this line 31 paragraph and is otherwise eligible for streamlined approval under line 32 this section, a local government shall not deny the application on line 33 the basis that the development proponent did not comply with any line 34 additional permit requirement, standard, or action adopted by that line 35 local government that is applicable to that site. A housing line 36 development project may be located on a site described in this line 37 subparagraph if either of the following is met: line 38 (i)  The site has been subject to a Letter of Map Revision line 39 prepared by the Federal Emergency Management Agency and line 40 issued to the local jurisdiction. 99 — 8 — AB 1751 line 1 (ii)  The site meets Federal Emergency Management Agency line 2 requirements necessary to meet minimum flood plain management line 3 criteria of the National Flood Insurance Program pursuant to Part line 4 59 (commencing with Section 59.1) and Part 60 (commencing line 5 with Section 60.1) of Subchapter B of Chapter I of Title 44 of the line 6 Code of Federal Regulations. line 7 (G)  Within a regulatory floodway as determined by the Federal line 8 Emergency Management Agency in any official maps published line 9 by the Federal Emergency Management Agency, unless the housing line 10 development project has received a no-rise certification in line 11 accordance with Section 60.3(d)(3) of Title 44 of the Code of line 12 Federal Regulations. If a development proponent is able to satisfy line 13 all applicable federal qualifying criteria in order to provide that line 14 the site satisfies this subparagraph and is otherwise eligible for line 15 streamlined approval under this section, a local government shall line 16 not deny the application on the basis that the development line 17 proponent did not comply with any additional permit requirement, line 18 standard, or action adopted by that local government that is line 19 applicable to that site. line 20 (H)  Land identified for conservation in an adopted natural line 21 community conservation plan pursuant to the Natural Community line 22 Conservation Planning Act (Chapter 10 (commencing with Section line 23 2800) of Division 3 of the Fish and Game Code), habitat line 24 conservation plan pursuant to the federal Endangered Species Act line 25 of 1973 (16 U.S.C. Sec. 1531 et seq.), or another adopted natural line 26 resource protection plan. line 27 (I)  Habitat for protected species identified as candidate, line 28 sensitive, or species of special status by state or federal agencies, line 29 fully protected species, or species protected by the federal line 30 Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), line 31 the California Endangered Species Act (Chapter 1.5 (commencing line 32 with Section 2050) of Division 3 of the Fish and Game Code), or line 33 the Native Plant Protection Act (Chapter 10 (commencing with line 34 Section 1900) of Division 2 of the Fish and Game Code). line 35 (J)  Land under conservation easement. line 36 (8)  The proposed subdivision conforms to all applicable line 37 objective requirements of this division, except as otherwise line 38 expressly provided in this section. line 39 (9)  The proposed subdivision complies with all applicable line 40 standards established pursuant to Section 65852.29. 99 AB 1751 — 9 — line 1 (10)  Any parcels proposed to be created pursuant to this section line 2 will be served by a public water system and a municipal sewer line 3 system. line 4 (b)  A townhome development project on a proposed site to be line 5 subdivided pursuant to this section is not required to comply with line 6 either of the following requirements: line 7 (1)  A minimum requirement on the size, width, depth, frontage, line 8 or dimensions of an individual parcel created by the housing line 9 development project beyond the minimum parcel size specified line 10 in, or established pursuant to, paragraph (3) of subdivision (a). line 11 (2)  (A)  The formation of a homeowners’ association, except line 12 as required by the Davis-Stirling Common Interest Development line 13 Act (Part 5 (commencing with Section 4000) of Division 4 of the line 14 Civil Code). line 15 (B)  Subparagraph (A) shall not be construed to prohibit a local line 16 agency from requiring a mechanism for the maintenance of line 17 common space within the subdivision, including, but not limited line 18 to, a road maintenance agreement. line 19 (c)  A local agency shall approve or deny an application for a line 20 parcel map or a tentative map for a townhome development project line 21 submitted to a local agency pursuant to this section pursuant to line 22 the timelines set forth in the Housing Accountability Act (Section line 23 65589.5) and the Permit Streamlining Act (Chapter 4.5 line 24 (commencing with Section 65920) of Division 1). line 25 (d)  Any townhome development project constructed on the lots line 26 proposed to be subdivided pursuant to this section shall comply line 27 with all applicable objective zoning standards, objective line 28 subdivision standards, and objective design standards as established line 29 by the local agency that are not inconsistent with this section and line 30 paragraph (2) of subdivision (a) of Section 65852.29. line 31 (e)  (1)  (A)  Except as provided in paragraph (2), a person shall line 32 not sell, lease, or finance any parcel or parcels of real property line 33 resulting from a subdivision under this section separately from line 34 any other such parcel or parcels, unless each parcel that is sold, line 35 leased, or financed meets one of the following criteria: line 36 (i)  The parcel contains a residential structure completed in line 37 compliance with all applicable provisions of the California Building line 38 Standards Code (Title 24 of the California Code of Regulations) line 39 that includes at least one dwelling unit. 99 — 10 — AB 1751 line 1 (ii)  The parcel already contains an existing legally permitted line 2 residential structure. line 3 (iii)  The parcel is reserved for internal circulation, open space, line 4 or common area. line 5 (iv)  The parcel is the only remaining parcel within the line 6 subdivision that is not developed with a residential structure that line 7 was completed in compliance with all applicable provisions of the line 8 California Building Standards Code (Title 24 of the California line 9 Code of Regulations). line 10 (B)  A violation of this paragraph shall constitute the sale of real line 11 property that has been divided in violation of the provisions of this line 12 division and shall be subject to the penalties and remedies set forth line 13 in Chapter 7 (commencing with Section 66499.30). line 14 (2)  A local agency may, by ordinance or map condition, line 15 authorize the sale, lease, or finance of any parcel or parcels of real line 16 property resulting from a subdivision under this section without line 17 compliance with the provisions of paragraph (1). line 18 (f)  A local agency may deny the issuance of a parcel map, a line 19 tentative map, or a final map for a townhome development project line 20 allowed under this section if it makes a written finding, based upon line 21 a preponderance of the evidence, that the proposed townhome line 22 development project would have a specific, adverse impact, as line 23 defined and determined in paragraph (2) of subdivision (d) of line 24 Section 65589.5, upon public health and safety and for which there line 25 is no feasible method to satisfactorily mitigate or avoid the specific, line 26 adverse impact. line 27 (g)  A local agency’s approval of a townhome development line 28 project pursuant to this section shall not be considered a project line 29 under Division 13 (commencing with Section 21000) of the Public line 30 Resources Code. line 31 (h)  (1)  Notwithstanding Section 66411.7, a local agency is not line 32 required to permit an urban lot split on a parcel created through line 33 the exercise of the authority contained within this section. line 34 (2)  Notwithstanding Sections 65852.21 and 66411.7, those line 35 sections shall not apply to a site that meets both of the following line 36 requirements: line 37 (A)  The site is located within a single-family residential line 38 horsekeeping zone designated in a master plan, adopted before line 39 January 1, 1994, that regulates land zoned single-family 99 AB 1751 — 11 — line 1 horsekeeping, commercial, commercial-recreational, and existing line 2 industrial within the plan area. line 3 (B)  The applicable local government has an adopted housing line 4 element that is compliant with applicable law. line 5 (i)  A local agency may adopt an ordinance to implement the line 6 provisions of this section. An ordinance adopted to implement this line 7 section shall not be considered a project under Division 13 line 8 (commencing with Section 21000) of the Public Resources Code. line 9 SEC. 4. No reimbursement is required by this act pursuant to line 10 Section 6 of Article XIIIB of the California Constitution because line 11 a local agency or school district has the authority to levy service line 12 charges, fees, or assessments sufficient to pay for the program or line 13 level of service mandated by this act, within the meaning of Section line 14 17556 of the Government Code. O 99 — 12 — AB 1751 AMENDED IN ASSEMBLY MARCH 16, 2026 california legislature—2025–26 regular session ASSEMBLY BILL No. 1821 Introduced by Assembly Member Pacheco February 11, 2026 An act to amend Section 7920.000 of the Government Code, relating to public records. An act to amend Sections 7922.530 and 7922.535 of the Government Code, relating to public records. legislative counsel’s digest AB 1821, as amended, Pacheco. California Public Records Act. California Public Records Act: fees and agency response time. Existing law, the California Public Records Act, requires each state or local agency, upon a request for a copy of records that reasonably describes an identifiable record or records, to make the records promptly available to any person upon payment of fees covering direct costs of duplication, or a statutory fee if applicable, except with respect to public records exempt from disclosure by express provisions of law. This bill would require, if a single request exceeds 2 hours of search time, or if the total requests by a requestor exceed 10 hours of search time in one month, the requestor to also submit to the agency a payment of fees in an amount determined by the agency as reasonable to compensate the agency for the administrative time of completing the requests. The bill would exempt from that requirement a journalist, a newspaper, and an educational or noncommercial scientific institution, as specified. The bill would define “search” for purposes of that requirement to mean to review, either manually or by automated means, agency records for the purpose of locating those records that are responsive to a request. 98 Existing law requires each agency, within 10 days of a request for a copy of records, to determine whether the request seeks copies of disclosable public records in possession of the agency and to promptly notify the person of the determination and the reasons therefor. Existing law authorizes that time limit to be extended by no more than 14 days under unusual circumstances, as defined. This bill would instead require each agency to determine whether the request seeks copies of disclosable public records in possession of the agency and to promptly notify the person as described above within 10 business days of a request for a copy of records. The bill would instead authorize the time period for each agency to respond to be extended by no more than 14 business days. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. Existing law, the California Public Records Act, requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies. This bill would make a nonsubstantive change to the provision establishing the title of the act. Vote: majority. Appropriation: no. Fiscal committee: no yes.​ State-mandated local program: no.​ The people of the State of California do enact as follows: line 1 SECTION 1. Section 7922.530 of the Government Code is line 2 amended to read: line 3 7922.530. (a)  (1)  Except with respect to public records exempt line 4 from disclosure by express provisions of law, each state or local line 5 agency, upon a request for a copy of records that reasonably 98 — 2 — AB 1821 line 1 describes an identifiable record or records, shall make the records line 2 promptly available to any person upon payment of fees covering line 3 direct costs of duplication, or a statutory fee if applicable. Upon line 4 request, an exact copy shall be provided unless impracticable to line 5 do so. line 6 (2)  (A)  If a single request exceeds 2 hours of search time, or if line 7 the total requests by a requestor exceed 10 hours of search time line 8 in one month, the requestor shall submit to the agency a payment line 9 of fees in an amount determined by the agency as reasonable to line 10 compensate the agency for the administrative time of completing line 11 the requests. line 12 (B)  Subparagraph (A) shall not apply to any of the following: line 13 (i)  A journalist. line 14 (ii)  A newspaper. line 15 (iii)  An educational or noncommercial scientific institution line 16 whose purpose is scholarly or scientific research. line 17 (C)  For purposes of subparagraph (A), “search” means to line 18 review, either manually or by automated means, agency records line 19 for the purpose of locating those records that are responsive to a line 20 request. line 21 (b)  A requester who inspects a disclosable record on the line 22 premises of the agency has the right to use the requester’s line 23 equipment on those premises, without being charged any fees or line 24 costs, to photograph or otherwise copy or reproduce the record in line 25 a manner that does not require the equipment to make physical line 26 contact with the record, unless the means of copy or reproduction line 27 would result in either of the following: line 28 (1)  Damage to the record. line 29 (2)  Unauthorized access to the agency’s computer systems or line 30 secured networks by using software, equipment, or any other line 31 technology capable of accessing, altering, or compromising the line 32 agency’s electronic records. line 33 (c)  The agency may impose any reasonable limits on the use of line 34 the requester’s equipment that are necessary to protect the safety line 35 of the records or to prevent the copying of records from being an line 36 unreasonable burden to the orderly function of the agency and its line 37 employees. In addition, the agency may impose any limit that is line 38 necessary to maintain the integrity of, or ensure the long-term line 39 preservation of, historic or high-value records. 98 AB 1821 — 3 — line 1 SEC. 2. Section 7922.535 of the Government Code is amended line 2 to read: line 3 7922.535. (a)  Each agency, upon a request for a copy of line 4 records, shall, within 10 business days from receipt of the request, line 5 determine whether the request, in whole or in part, seeks copies line 6 of disclosable public records in the possession of the agency and line 7 shall promptly notify the person making the request of the line 8 determination and the reasons therefor. If the agency determines line 9 that the request seeks disclosable public records, the agency shall line 10 also state the estimated date and time when the records will be line 11 made available. line 12 (b)  In unusual circumstances, the time limit prescribed in this line 13 article and Article 1 (commencing with Section 7922.500) may line 14 be extended by written notice from the head of the agency or a line 15 designee to the person making the request, setting forth the reasons line 16 for the extension and the date on which a determination is expected line 17 to be dispatched. The notice shall not specify a date that would line 18 result in an extension for more than 14 business days. line 19 (c)  As used in this section, “unusual circumstances” means the line 20 following, but only to the extent reasonably necessary to the proper line 21 processing of the particular request: line 22 (1)  The need to search for and collect the requested records line 23 from field facilities or other establishments that are separate from line 24 the office processing the request. line 25 (2)  The need to search for, collect, and appropriately examine line 26 a voluminous amount of separate and distinct records that are line 27 demanded in a single request. line 28 (3)  The need for consultation, which shall be conducted with line 29 all practicable speed, with another agency having substantial line 30 interest in the determination of the request or among two or more line 31 components of the agency having substantial subject matter interest line 32 therein. line 33 (4)  The need to compile data, to write programming language line 34 or a computer program, or to construct a computer report to extract line 35 data. line 36 (5)  The inability of the agency, because of a cyberattack, to line 37 access its electronic servers or systems in order to search for and line 38 obtain a record that the agency believes is responsive to a request line 39 and is maintained on the servers or systems in an electronic format. 98 — 4 — AB 1821 line 1 (A)  This paragraph does not relieve the agency of its obligation line 2 to comply with subdivision (a) when the requested record is line 3 maintained in a location other than on the electronic server or line 4 system affected by the cyberattack, or maintained in a nonelectronic line 5 format. line 6 (B)  This paragraph applies only until the agency regains its line 7 ability to access its electronic servers or systems and search for line 8 and obtain electronic records that may be responsive to a request. line 9 (6)  The need to search for, collect, and appropriately examine line 10 records during a state of emergency proclaimed by the Governor line 11 in the jurisdiction where the agency is located when the state of line 12 emergency currently and directly affects, due to the state of line 13 emergency, the agency’s ability to timely respond to requests due line 14 to staffing shortages or closure of facilities where the requested line 15 records are located. line 16 (A)  This paragraph shall not apply to a request for records line 17 created during and related to the state of emergency proclaimed line 18 by the Governor. line 19 (B)  For purposes of this paragraph, “state of emergency” means line 20 a state of emergency proclaimed pursuant to Section 8625 of the line 21 California Emergency Services Act (Chapter 7 (commencing with line 22 Section 8550) of Division 1 of Title 2). line 23 SEC. 3. The Legislature finds and declares that Section 1 of line 24 this act, which amends Section 7922.530 of the Government Code, line 25 and Section 2 of this act, which amends Section 7922.535 of the line 26 Government Code, further, within the meaning of paragraph (7) line 27 of subdivision (b) of Section 3 of Article I of the California line 28 Constitution, the purposes of that constitutional section as it relates line 29 to the right of public access to the meetings of local public bodies line 30 or the writings of local public officials and local agencies. line 31 Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article line 32 I of the California Constitution, the Legislature makes the following line 33 findings: line 34 This act balances the right of the public to access public records line 35 in a timely manner while providing public agencies proper line 36 compensation and protection from convoluted requests. line 37 SEC. 4. The Legislature finds and declares that Section 1 of line 38 this act, which amends Section 7922.530 of the Government Code, line 39 and Section 2 of this act, which amends Section 7922.535 of the line 40 Government Code, impose a limitation on the public’s right of 98 AB 1821 — 5 — line 1 access to the meetings of public bodies or the writings of public line 2 officials and agencies within the meaning of Section 3 of Article line 3 I of the California Constitution. Pursuant to that constitutional line 4 provision, the Legislature makes the following findings to line 5 demonstrate the interest protected by this limitation and the need line 6 for protecting that interest: line 7 This act balances the right of the public to access public records line 8 in a timely manner while providing public agencies proper line 9 compensation and protection from convoluted requests. line 10 SECTION 1. Section 7920.000 of the Government Code is line 11 amended to read: line 12 7920.000. This division is known and may be cited as the line 13 California Public Records Act. O 98 — 6 — AB 1821 california legislature—2025–26 regular session ASSEMBLY BILL No. 1942 Introduced by Assembly Member Bauer-Kahan February 13, 2026 An act to add Article 8.2 (commencing with Section 5040) to Chapter 1 of Division 3 of the Vehicle Code, relating to electric bicycles, and making an appropriation therefor. legislative counsel’s digest AB 1942, as introduced, Bauer-Kahan. Electric bicycles: registration and special license plates. Existing law prohibits a person from driving, moving, or leaving standing upon a highway, or in an offstreet public parking facility, any motor vehicle, trailer, semitrailer, pole or pipe dolly, or logging dolly, unless it is registered and the appropriate fees have been paid, except as specified. Existing law requires the Department of Motor Vehicles, upon registering a vehicle, to issue to the owner license plates that identify the vehicles for which they are issued for the period of their validity, as specified. Existing law also requires a motorized bicycle to display a special license plate issued by the department. Existing law authorizes a city or county to adopt a bicycle licensing ordinance or resolution, authorizes the licensing agency, by ordinance or resolution, to adopt rules and regulations for the collection of license fees, as specified, and sets the fee for each new bicycle license and registration certificate at a sum of no more than $4 per year. Existing law defines an electric bicycle as a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts, and classifies electric bicycles into 3 classes with different restrictions. 99 This bill would require class 2 electric bicycles and class 3 electric bicycles to be registered with the department and to display a special license plate issued by the department. The bill would require the department to adopt regulations to implement these requirements, and would make a person operating a class 2 or class 3 electric bicycle in violation of these requirements guilty of an infraction punishable by specified fines. By creating a new crime, the bill would impose a state-mandated local program. The bill would create the Electric Bicycle Registration Fund in the State Treasury, require all moneys received by the department pursuant to these provisions to be deposited in the fund, and require all moneys in the fund to be available, upon appropriation by the Legislature, to the department for the administration of these provisions. The bill would also appropriate an unspecified sum of moneys from the General Fund to the Electric Bicycle Registration Fund as a loan for purposes of administering these provisions, as specified. 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: 2⁄3. Appropriation: yes. Fiscal committee: yes.​ State-mandated local program: yes.​ The people of the State of California do enact as follows: line 1 SECTION 1. Article 8.2 (commencing with Section 5040) is line 2 added to Chapter 1 of Division 3 of the Vehicle Code, to read: line 3 line 4 Article 8.2. Electric Bicycles line 5 line 6 5040. (a)  A class 2 electric bicycle and a class 3 electric bicycle line 7 shall be registered with the department and shall display a special line 8 license plate issued by the department. line 9 (b)  The special license plate shall be affixed to the rear of the line 10 electric bicycle and shall be clearly visible and legible at all times. line 11 5040.5. The department shall adopt regulations to implement line 12 this article, including, but not limited to, regulations on all of the line 13 following: 99 — 2 — AB 1942 line 1 (a)  Application and issuance of registration and special license line 2 plates. line 3 (b)  Plate size, placement, and visibility requirements. line 4 (c)  Registration fees in an amount not to exceed the reasonable line 5 regulatory cost of issuing or renewing the registration. line 6 (d)  Proof of ownership requirements, including the provision line 7 of a serial number for the registered electric bicycle. line 8 5040.7. A person operating a class 2 or class 3 electric bicycle line 9 in violation of this article is guilty of an infraction punishable by line 10 a fine not to exceed one hundred dollars ($100) for the first offense, line 11 two hundred dollars ($200) for a second offense, and two hundred line 12 fifty dollars ($250) for each subsequent offense. line 13 5040.9. (a)  The Electric Bicycle Registration Fund is hereby line 14 created in the State Treasury. All moneys received by the line 15 department pursuant to this article shall be deposited in the fund. line 16 Except as provided in subdivision (b), all moneys in the fund shall line 17 be available, upon appropriation by the Legislature, to the line 18 department for the administration of this article. line 19 (b)  (1)  The sum of ____ dollars (S____) is hereby appropriated line 20 from the General Fund to the Electric Bicycle Registration Fund line 21 as a loan that shall be available for encumbrance and expenditure line 22 until ____ for purposes of administering this article. line 23 (2)  The loan amount shall be repaid by the department to the line 24 General Fund together with interest in the amount that those line 25 moneys would have earned in the Pooled Money Investment line 26 Account. line 27 (3)  Moneys received by the department pursuant to this article line 28 shall be used to repay the loan until the loan is fully repaid. line 29 SEC. 2. No reimbursement is required by this act pursuant to line 30 Section 6 of Article XIIIB of the California Constitution because line 31 the only costs that may be incurred by a local agency or school line 32 district will be incurred because this act creates a new crime or line 33 infraction, eliminates a crime or infraction, or changes the penalty line 34 for a crime or infraction, within the meaning of Section 17556 of line 35 the Government Code, or changes the definition of a crime within line 36 the meaning of Section 6 of Article XIII B of the California line 37 Constitution. O 99 AB 1942 — 3 — california legislature—2025–26 regular session ASSEMBLY BILL No. 1997 Introduced by Assembly Member Lee February 17, 2026 An act to amend Sections 65589.5, 65589.9, and 65950 of, and to add Section 65943.3 to, the Government Code, and to add Section 50411 to the Health and Safety Code, relating to housing. legislative counsel’s digest AB 1997, as introduced, Lee. Land use: housing development approvals: timelines and processes. (1)  Existing law, the Planning and Zoning Law, requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Existing law, the Housing Accountability Act (act), among other things, when a housing development project, as defined, that complies with applicable, objective general plan, zoning, and subdivision standards and criteria in effect at the time that the application was deemed complete, requires a local agency that proposes to disapprove that development, 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. That act, however, sets forth certain limitations with respect to its requirements, including providing that the act does not prohibit a local agency from requiring the housing development project to comply with objective, quantifiable, written development standards, conditions, and policies appropriate to, and consistent with, meeting the jurisdiction’s share of the regional housing need. The act provides for enforcement of its provisions by an enforcement action brought by the applicant, a person 99 who would be eligible to apply for residency in the housing development, or a housing organization, as provided. This bill would, under the act, prohibit a plan, entitlement, or permit that has been approved by a previous local utility or agency from being overturned or revised by a subsequent utility or agency, unless the development proponent makes a material change to the project, as described. (2)  Existing law awards additional points or preference in the scoring of program applications for specified programs, including, among others, the Affordable Housing and Sustainable Communities Program, to jurisdictions that have adopted a substantially compliant housing element and that have been designated as prohousing, as described. Existing law requires the Department of Housing and Community Development to designate jurisdictions as prohousing under these provisions, as specified. This bill would also award, for award cycles commenced after July 1, 2027, additional points or preference to jurisdictions that have adopted a substantially compliant housing element and that have been identified as a housing development expediter, as described. The bill would require the department to develop a housing development benchmark to determine whether a jurisdiction is a housing development expediter. (3)  Existing law, the Permit Streamlining Act, sets forth various procedures for the review and approval of development project applications. Among other things, that act requires that an applicant for a housing development project, as defined, be deemed to have submitted a preliminary application upon providing specified information about the proposed project to the city, county, or city and county from which approval for the project is being sought and upon payment of the permit processing fee. This bill would require a city, county, or city and county with a population of 250,000 or more to assign a project development director to a project that is expected to cost more than $10,000,000 once it has received a development application for that project. The bill would require the project development director to oversee the project until completion and it has received a certificate of occupancy, and would set forth the director’s duties. The bill would also require the city, county, or city and county to assign a lead inspector to coordinate each inspection required of those projects, as described. (4)  The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify 99 — 2 — AB 1997 the completion of an environmental impact report (EIR) 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. The Permit Streamlining Act requires a public agency that is the lead agency for a development project to approve or disapprove the project within a specified period of time, which varies depending on the project’s phase in the CEQA process. This bill would reduce various of those approval or disapproval timelines under the Permit Streamlining Act, as specified. The bill would also require project approval or disapproval within 30 days from the date of certification by the lead agency of the EIR, if the EIR is prepared pursuant to specified provisions of CEQA and certain other conditions are met. (5)  Existing law establishes the Department of Housing and Community Development, which is administered by the Director of Housing and Community Development. Among other things, existing law requires the department to review adopted housing elements or amendments, make a finding as to whether the adopted element or amendment is in substantial compliance with specified law, and report its findings to the planning agency. This bill would require the director, in consultation with the Governor’s Office of Land Use and Climate Innovation, to establish a working group, as specified, for purposes of exploring, considering, and recommending guidance to local jurisdictions on the most effective ways in which to expedite development of housing, as described. (6)  This bill would make related findings and declarations and make conforming changes. By imposing additional duties on local agencies, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. 99 AB 1997 — 3 — 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. The Legislature finds and declares all of the line 2 following: line 3 (a)  According to the Department of Housing and Community line 4 Development, the state needs to build 2,500,000 homes by 2030. line 5 However, by any measure, the state is substantially behind this line 6 goal. The department reports, “During the last ten years, housing line 7 production averaged fewer than 80,000 new homes each year, and line 8 ongoing production continues to fall far below the projected need line 9 of 180,000 additional homes annually.” line 10 (b)  The impediments to more robust housing development are line 11 manifold, including increased cost of construction materials, labor line 12 costs, interest rates, and procedural logjams. line 13 (c)  Despite dozens of laws enacted in recent years to spur line 14 housing development—a few too recent to measure their line 15 impact—housing construction continues to slow-walk its way line 16 toward achieving state and local development goals. line 17 (d)  Realtor.com’s recent report on housing affordability and line 18 construction across all 50 states gave California an F. line 19 (e)  According to the Employment Development Department, line 20 only 94,704 housing construction permits were pulled in 2024, a line 21 17-percent decrease since 2021. The United States Census Bureau line 22 reports that through August of 2025, only 67,502 permits have line 23 been pulled in California, substantially fewer than Florida and line 24 Texas and equivalent to North Carolina. line 25 (f)  Multifamily housing permits, which are permits for five units line 26 or more, plummeted by 31 percent from 52,772 in 2022 to 36,085 line 27 in 2024, the last full year of United States Census Bureau data. line 28 (g)  According to the Metropolitan Transportation Commission, line 29 housing production in the Bay Area in 2024 was 12 percent lower line 30 than the average over the previous five years. According to the line 31 Los Angeles Department of Building and Safety, apartment units line 32 approved by the City of Los Angeles dropped 45 percent over the line 33 previous five years. line 34 (h)  According to an April 25, 2025, article from The San line 35 Francisco Standard, the City and County of San Francisco has 99 — 4 — AB 1997 line 1 achieved only 9 percent of its goal of authorizing 82,000 housing line 2 units by January 2031. In order to reach its goal, it must authorize line 3 12,800 housing units each year for the next five years. Last year, line 4 less than 1,000 housing units were authorized. line 5 (i)  The RAND Corporation reports that the cost per unit in a line 6 multifamily development in California is $430,000, with “the line 7 biggest thing driving up California apartment costs? Time.” The line 8 time to produce a unit from start to finish is over four years. By line 9 comparison to multifamily housing development in Texas, “[i]t line 10 takes twice as long to gain project approvals and the construction line 11 timeline is 1.5 times longer. That means land costs must be carried line 12 for longer, equipment and labor are on jobsites longer, and that line 13 loans are taken out for a longer term, and so on.” line 14 (j)  The development cost per unit ranges from $730,000 in the line 15 San Francisco and Los Angeles areas to $575,000 in the San Diego line 16 area. line 17 (k)  The policies and practices employed by local jurisdictions line 18 at every step in the development approval process are often a major line 19 contributor to the housing construction time problem. line 20 (1)  The Permit Streamlining Act (Chapter 4.5 (commencing line 21 with Section 65920) of Division 1 of Title 7 of the Government line 22 Code) requires that a development project be approved by the city line 23 within 90 or 180 days, depending on the circumstances, from the line 24 date the development project application has been approved. line 25 (2)  However, there is no similar requirement regarding the line 26 approval of the application, so a city can take from one to five line 27 years to approve the application before the Permit Streamlining line 28 Act is applicable. line 29 (3)  Furthermore, there are no requirements for coordinating and line 30 expediting the process within the relevant local agencies. line 31 (l)  In two telling examples in the City of Los Angeles: line 32 (1)  A 99-year-old building was planned to be converted into a line 33 single-room occupancy housing project in downtown Los Angeles. line 34 The developer and the city had reached an agreement on the line 35 structure of the building, and the developer was ready to move line 36 forward. At the last minute, some agencies within the city imposed line 37 new requirements regarding structural improvements and line 38 fortifications that other city agencies did not believe were line 39 necessary. Because these new requirements are prohibitively line 40 expensive, the project remains stalled while the city is deprived 99 AB 1997 — 5 — line 1 of 231 rooms that would house people who are homeless or at risk line 2 of being homeless. line 3 (2)  An 1897 building was renovated with 94 rooms ready for line 4 occupancy to house persons who are homeless or at risk of being line 5 homeless. For more than four years, the city has stood in the way line 6 of opening those rooms for tenants because the city has conflicting line 7 standards and requirements regarding electrical power upgrades. line 8 A complete lack of interdepartmental coordination has led to those line 9 94 rooms languishing in downtown Los Angeles while line 10 homelessness continues to plague the city. line 11 (m)  According to the Terner Center, the City of San Diego has line 12 implemented major reforms to its housing development processes, line 13 including wider latitude for ministerial approvals, dedicated project line 14 managers, and mandatory coordinated review. Between 2022 and line 15 2023, and again in 2024, the number of approved permits nearly line 16 doubled as a result of these policy changes. line 17 (n)  The Terner Center further notes, “By creating dedicated line 18 relationship managers and empowering staff to make decisions on line 19 an accelerated timeline via a mandatory interdepartmental review line 20 meeting, San Diego solves for a major process component of line 21 getting housing built.” line 22 (o)  The RAND Corporation’s April 2025 report recommends line 23 that local jurisdictions do both of the following: line 24 (1)  Approve a housing development in 30 days and deem a line 25 project approved if the jurisdiction does not act in 30 days. line 26 (2)  Synchronize inspections rather than conducting them line 27 sequentially. line 28 (p)  In its final report, the Assembly Select Committee on line 29 Permitting Reform echoes both the Terner Center and the RAND line 30 Corporation by stating, “there should be a project manager from line 31 the regulatory side that is as invested in the project’s success as line 32 the project manager from the applicant’s side...They can also serve line 33 as the liaison between all the permitting entities, making sure all line 34 the parties are openly communicating about their objectives and line 35 timeframes. And, they can use their access to decision makers to line 36 ensure that the project stays on track in terms of timeframe, costs, line 37 and desired outcomes.” line 38 (q)  Therefore, the Legislature declares that while there are other line 39 costs, such as land, labor, and materials that contribute to the high line 40 cost of housing development for all income levels, much of the 99 — 6 — AB 1997 line 1 delay caused by the approval process from start to finish could be line 2 eliminated by more efficient, timely, coordinated, and line 3 nonredundant local permitting and approval policies and practices. line 4 SEC. 2. Section 65589.5 of the Government Code is amended line 5 to read: line 6 65589.5. (a)  (1)  The Legislature finds and declares all of the line 7 following: line 8 (A)  The lack of housing, including emergency shelters, is a line 9 critical problem that threatens the economic, environmental, and line 10 social quality of life in California. line 11 (B)  California housing has become the most expensive in the line 12 nation. The excessive cost of the state’s housing supply is partially line 13 caused by activities and policies of many local governments that line 14 limit the approval of housing, increase the cost of land for housing, line 15 and require that high fees and exactions be paid by producers of line 16 housing. line 17 (C)  Among the consequences of those actions are discrimination line 18 against low-income and minority households, lack of housing to line 19 support employment growth, imbalance in jobs and housing, line 20 reduced mobility, urban sprawl, excessive commuting, and air line 21 quality deterioration. line 22 (D)  Many local governments do not give adequate attention to line 23 the economic, environmental, and social costs of decisions that line 24 result in disapproval of housing development projects, reduction line 25 in density of housing projects, and excessive standards for housing line 26 development projects. line 27 (2)  In enacting the amendments made to this section by the act line 28 adding this paragraph, the Legislature further finds and declares line 29 the following: line 30 (A)  California has a housing supply and affordability crisis of line 31 historic proportions. The consequences of failing to effectively line 32 and aggressively confront this crisis are hurting millions of line 33 Californians, robbing future generations of the chance to call line 34 California home, stifling economic opportunities for workers and line 35 businesses, worsening poverty and homelessness, and undermining line 36 the state’s environmental and climate objectives. line 37 (B)  While the causes of this crisis are multiple and complex, line 38 the absence of meaningful and effective policy reforms to line 39 significantly enhance the approval and supply of housing affordable line 40 to Californians of all income levels is a key factor. 99 AB 1997 — 7 — line 1 (C)  The crisis has grown so acute in California that supply, line 2 demand, and affordability fundamentals are characterized in the line 3 negative: underserved demands, constrained supply, and protracted line 4 unaffordability. line 5 (D)  According to reports and data, California has accumulated line 6 an unmet housing backlog of nearly 2,000,000 units and must line 7 provide for at least 180,000 new units annually to keep pace with line 8 growth through 2025. line 9 (E)  California’s overall home ownership rate is at its lowest line 10 level since the 1940s. The state ranks 49th out of the 50 states in line 11 home ownership rates as well as in the supply of housing per capita. line 12 Only one-half of California’s households are able to afford the line 13 cost of housing in their local regions. line 14 (F)  Lack of supply and rising costs are compounding inequality line 15 and limiting advancement opportunities for many Californians. line 16 (G)  The majority of California renters, more than 3,000,000 line 17 households, pay more than 30 percent of their income toward rent line 18 and nearly one-third, more than 1,500,000 households, pay more line 19 than 50 percent of their income toward rent. line 20 (H)  When Californians have access to safe and affordable line 21 housing, they have more money for food and health care; they are line 22 less likely to become homeless and in need of line 23 government-subsidized services; their children do better in school; line 24 and businesses have an easier time recruiting and retaining line 25 employees. line 26 (I)  An additional consequence of the state’s cumulative housing line 27 shortage is a significant increase in greenhouse gas emissions line 28 caused by the displacement and redirection of populations to states line 29 with greater housing opportunities, particularly working- and line 30 middle-class households. California’s cumulative housing shortfall line 31 therefore has not only national but international environmental line 32 consequences. line 33 (J)  California’s housing picture has reached a crisis of historic line 34 proportions despite the fact that, for decades, the Legislature has line 35 enacted numerous statutes intended to significantly increase the line 36 approval, development, and affordability of housing for all income line 37 levels, including this section. line 38 (K)  The Legislature’s intent in enacting this section in 1982 and line 39 in expanding its provisions since then was to significantly increase line 40 the approval and construction of new housing for all economic 99 — 8 — AB 1997 line 1 segments of California’s communities by meaningfully and line 2 effectively curbing the capability of local governments to deny, line 3 reduce the density for, or render infeasible housing development line 4 projects and emergency shelters. That intent has not been fulfilled. line 5 (L)  It is the policy of the state that this section be interpreted line 6 and implemented in a manner to afford the fullest possible weight line 7 to the interest of, and the approval and provision of, housing. line 8 (3)  It is the intent of the Legislature that the conditions that line 9 would have a specific, adverse impact upon the public health and line 10 safety, as described in paragraph (2) of subdivision (d) and line 11 paragraph (1) of subdivision (j), arise infrequently. line 12 (4)  It is the intent of the Legislature that the amendments line 13 removing provisions from subparagraphs (D) and (E) of paragraph line 14 (6) of subdivision (h) and adding those provisions to Sections line 15 65589.5.1 and 65589.5.2 by Assembly Bill 1413 (2023), insofar line 16 as they are substantially the same as existing law, shall be line 17 considered restatements and continuations of existing law, and not line 18 new enactments. line 19 (b)  It is the policy of the state that a local government not reject line 20 or make infeasible housing development projects, including line 21 emergency shelters, that contribute to meeting the need determined line 22 pursuant to this article without a thorough analysis of the economic, line 23 social, and environmental effects of the action and without line 24 complying with subdivision (d). line 25 (c)  The Legislature also recognizes that premature and line 26 unnecessary development of agricultural lands for urban uses line 27 continues to have adverse effects on the availability of those lands line 28 for food and fiber production and on the economy of the state. line 29 Furthermore, it is the policy of the state that development should line 30 be guided away from prime agricultural lands; therefore, in line 31 implementing this section, local jurisdictions should encourage, line 32 to the maximum extent practicable, in filling existing urban areas. line 33 (d)  For a housing development project for very low, low-, or line 34 moderate-income households, or an emergency shelter, a local line 35 agency shall not disapprove the housing development project or line 36 emergency shelter, or condition approval in a manner that renders line 37 the housing development project or emergency shelter infeasible, line 38 including through the use of design review standards, unless it line 39 makes written findings, based upon a preponderance of the line 40 evidence in the record, as to one of the following: 99 AB 1997 — 9 — line 1 (1)  The jurisdiction has adopted a housing element pursuant to line 2 this article that has been revised in accordance with Section 65588, line 3 is in substantial compliance with this article, and the jurisdiction line 4 has met or exceeded its share of the regional housing need line 5 allocation pursuant to Section 65584 for the planning period for line 6 the income category proposed for the housing development project, line 7 provided that any disapproval or conditional approval shall not be line 8 based on any of the reasons prohibited by Section 65008. If the line 9 housing development project includes a mix of income categories, line 10 and the jurisdiction has not met or exceeded its share of the regional line 11 housing need for one or more of those categories, then this line 12 paragraph shall not be used to disapprove or conditionally approve line 13 the housing development project. The share of the regional housing line 14 need met by the jurisdiction shall be calculated consistently with line 15 the forms and definitions that may be adopted by the Department line 16 of Housing and Community Development pursuant to Section line 17 65400. In the case of an emergency shelter, the jurisdiction shall line 18 have met or exceeded the need for emergency shelter, as identified line 19 pursuant to paragraph (7) of subdivision (a) of Section 65583. Any line 20 disapproval or conditional approval pursuant to this paragraph line 21 shall be in accordance with applicable law, rule, or standards. line 22 (2)  The housing development project or emergency shelter as line 23 proposed would have a specific, adverse impact upon the public line 24 health or safety, and there is no feasible method to satisfactorily line 25 mitigate or avoid the specific, adverse impact without rendering line 26 the development unaffordable to low- and moderate-income line 27 households or rendering the development of the emergency shelter line 28 financially infeasible. As used in this paragraph, a “specific, line 29 adverse impact” means a significant, quantifiable, direct, and line 30 unavoidable impact, based on objective, identified written public line 31 health or safety standards, policies, or conditions as they existed line 32 on the date the application was deemed complete. The following line 33 shall not constitute a specific, adverse impact upon the public line 34 health or safety: line 35 (A)  Inconsistency with the zoning ordinance or general plan line 36 land use designation. line 37 (B)  The eligibility to claim a welfare exemption under line 38 subdivision (g) of Section 214 of the Revenue and Taxation Code. line 39 (3)  The denial of the housing development project or imposition line 40 of conditions is required in order to comply with specific state or 99 — 10 — AB 1997 line 1 federal law, and there is no feasible method to comply without line 2 rendering the development unaffordable to low- and line 3 moderate-income households or rendering the development of the line 4 emergency shelter financially infeasible. line 5 (4)  The housing development project or emergency shelter is line 6 proposed on land zoned for agriculture or resource preservation line 7 that is surrounded on at least two sides by land being used for line 8 agricultural or resource preservation purposes, or which does not line 9 have adequate water or wastewater facilities to serve the project. line 10 (5)  On the date an application for the housing development line 11 project or emergency shelter was deemed complete, the jurisdiction line 12 had adopted a revised housing element that was in substantial line 13 compliance with this article, and the housing development project line 14 or emergency shelter was inconsistent with both the jurisdiction’s line 15 zoning ordinance and general plan land use designation as specified line 16 in any element of the general plan. line 17 (A)  This paragraph shall not be utilized to disapprove or line 18 conditionally approve a housing development project proposed on line 19 a site, including a candidate site for rezoning, that is identified as line 20 suitable or available for very low, low-, or moderate-income line 21 households in the jurisdiction’s housing element if the housing line 22 development project is consistent with the density specified in the line 23 housing element, even though the housing development project line 24 was inconsistent with both the jurisdiction’s zoning ordinance and line 25 general plan land use designation on the date the application was line 26 deemed complete. line 27 (B)  If the local agency has failed to identify a zone or zones line 28 where emergency shelters are allowed as a permitted use without line 29 a conditional use or other discretionary permit, has failed to line 30 demonstrate that the identified zone or zones include sufficient line 31 capacity to accommodate the need for emergency shelter identified line 32 in paragraph (7) of subdivision (a) of Section 65583, or has failed line 33 to demonstrate that the identified zone or zones can accommodate line 34 at least one emergency shelter, as required by paragraph (4) of line 35 subdivision (a) of Section 65583, then this paragraph shall not be line 36 utilized to disapprove or conditionally approve an emergency line 37 shelter proposed for a site designated in any element of the general line 38 plan for industrial, commercial, or multifamily residential uses. In line 39 any action in court, the burden of proof shall be on the local agency 99 AB 1997 — 11 — line 1 to show that its housing element does satisfy the requirements of line 2 paragraph (4) of subdivision (a) of Section 65583. line 3 (6)  On the date an application for the housing development line 4 project or emergency shelter was deemed complete, the jurisdiction line 5 did not have an adopted revised housing element that was in line 6 substantial compliance with this article and the housing line 7 development project is not a builder’s remedy project. line 8 (e)  Nothing in this section shall be construed to relieve the local line 9 agency from complying with the congestion management program line 10 required by Chapter 2.6 (commencing with Section 65088) of line 11 Division 1 of Title 7 or the California Coastal Act of 1976 line 12 (Division 20 (commencing with Section 30000) of the Public line 13 Resources Code). Neither shall anything in this section be line 14 construed to relieve the local agency from making one or more of line 15 the findings required pursuant to Section 21081 of the Public line 16 Resources Code or otherwise complying with the California line 17 Environmental Quality Act (Division 13 (commencing with Section line 18 21000) of the Public Resources Code). line 19 (f)  (1)  Except as provided in paragraphs (6) and (8) (7) and (9) line 20 of this subdivision, and subdivision (o), nothing in this section line 21 shall be construed to prohibit a local agency from requiring the line 22 housing development project to comply with objective, line 23 quantifiable, written development standards, conditions, and line 24 policies appropriate to, and consistent with, meeting the line 25 jurisdiction’s share of the regional housing need pursuant to Section line 26 65584. However, the development standards, conditions, and line 27 policies shall be applied to facilitate and accommodate line 28 development at the density permitted on the site and proposed by line 29 the development. Nothing in this section shall limit a project’s line 30 eligibility for a density bonus, incentive, or concession, or waiver line 31 or reduction of development standards and parking ratios, pursuant line 32 to Section 65915. line 33 (2)  Except as provided in subdivision (o), nothing in this section line 34 shall be construed to prohibit a local agency from requiring an line 35 emergency shelter project to comply with objective, quantifiable, line 36 written development standards, conditions, and policies that are line 37 consistent with paragraph (4) of subdivision (a) of Section 65583 line 38 and appropriate to, and consistent with, meeting the jurisdiction’s line 39 need for emergency shelter, as identified pursuant to paragraph line 40 (7) of subdivision (a) of Section 65583. However, the development 99 — 12 — AB 1997 line 1 standards, conditions, and policies shall be applied by the local line 2 agency to facilitate and accommodate the development of the line 3 emergency shelter project. line 4 (3)  Except as provided in subdivision (o), nothing in this section line 5 shall be construed to prohibit a local agency from imposing fees line 6 and other exactions otherwise authorized by law that are essential line 7 to provide necessary public services and facilities to the housing line 8 development project or emergency shelter. line 9 (4)  For purposes of this section, a housing development project line 10 or emergency shelter shall be deemed consistent, compliant, and line 11 in conformity with an applicable plan, program, policy, ordinance, line 12 standard, requirement, or other similar provision if there is line 13 substantial evidence that would allow a reasonable person to line 14 conclude that the housing development project or emergency line 15 shelter is consistent, compliant, or in conformity. line 16 (5)  For purposes of this section, a change to the zoning ordinance line 17 or general plan land use designation subsequent to the date the line 18 application was deemed complete shall not constitute a valid basis line 19 to disapprove or condition approval of the housing development line 20 project or emergency shelter. line 21 (6)  For purposes of this section, no plan, entitlement, or permit line 22 that has been approved by a local utility or agency shall be line 23 overturned or revised by a subsequent utility or agency unless the line 24 development proponent of the project makes a material change to line 25 the project that a reasonable person would conclude justifies a line 26 change in the previously approved plan, entitlement, or permit. line 27 (6) line 28 (7)  Notwithstanding paragraphs (1) to (5), inclusive, all of the line 29 following apply to a housing development project that is a builder’s line 30 remedy project: line 31 (A)  A local agency may only require the project to comply with line 32 the objective, quantifiable, written development standards, line 33 conditions, and policies that would have applied to the project had line 34 it been proposed on a site with a general plan designation and line 35 zoning classification that allow the density and unit type proposed line 36 by the applicant. If the local agency has no general plan designation line 37 or zoning classification that would have allowed the density and line 38 unit type proposed by the applicant, the development proponent line 39 may identify any objective, quantifiable, written development line 40 standards, conditions, and policies associated with a different 99 AB 1997 — 13 — line 1 general plan designation or zoning classification within that line 2 jurisdiction, that facilitate the project’s density and unit type, and line 3 those shall apply. line 4 (B)  (i)  Except as authorized by paragraphs (1) to (4), inclusive, line 5 of subdivision (d), a local agency shall not apply any individual line 6 or combination of objective, quantifiable, written development line 7 standards, conditions, and policies to the project that do any of the line 8 following: line 9 (I)  Render the project infeasible. line 10 (II)  Preclude a project that meets the requirements allowed to line 11 be imposed by subparagraph (A), as modified by any density bonus, line 12 incentive, or concession, or waiver or reduction of development line 13 standards and parking ratios, pursuant to Section 65915, from line 14 being constructed as proposed by the applicant. line 15 (ii)  The local agency shall bear the burden of proof of complying line 16 with clause (i). line 17 (C)  (i)  A project applicant that qualifies for a density bonus line 18 pursuant to Section 65915 shall receive two incentives or line 19 concessions in addition to those granted pursuant to paragraph (2) line 20 of subdivision (d) of Section 65915. line 21 (ii)  For a project seeking density bonuses, incentives, line 22 concessions, or any other benefits pursuant to Section 65915, and line 23 notwithstanding paragraph (6) of subdivision (o) of Section 65915, line 24 for purposes of this paragraph, maximum allowable residential line 25 density or base density means the density permitted for a builder’s line 26 remedy project pursuant to subparagraph (C) of paragraph (11) of line 27 subdivision (h). line 28 (iii)  A local agency shall grant any density bonus pursuant to line 29 Section 65915 based on the number of units proposed and line 30 allowable pursuant to subparagraph (C) of paragraph (11) of line 31 subdivision (h). line 32 (iv)  A project that dedicates units to extremely low-income line 33 households pursuant to subclause (I) of clause (i) of subparagraph line 34 (C) of paragraph (3) of subdivision (h) shall be eligible for the line 35 same density bonus, incentives or concessions, and waivers or line 36 reductions of development standards as provided to a housing line 37 development project that dedicates three percentage points more line 38 units to very low income households pursuant to paragraph (2) of line 39 subdivision (f) of Section 65915. 99 — 14 — AB 1997 line 1 (v)  All units dedicated to extremely low-income, very low line 2 income, low-income, and moderate-income households pursuant line 3 to paragraph (11) of subdivision (h) shall be counted as affordable line 4 units in determining whether the applicant qualifies for a density line 5 bonus pursuant to Section 65915. line 6 (D)  (i)  The project shall not be required to apply for, or receive line 7 approval of, a general plan amendment, specific plan amendment, line 8 rezoning, or other legislative approval. line 9 (ii)  The project shall not be required to apply for, or receive, line 10 any approval or permit not generally required of a project of the line 11 same type and density proposed by the applicant. line 12 (iii)  Any project that complies with this paragraph shall be line 13 deemed consistent, compliant, and in conformity with an applicable line 14 plan, program, policy, ordinance, standard, requirement, line 15 redevelopment plan and implementing instruments, or other similar line 16 provision for all purposes, and shall not be considered or treated line 17 as a nonconforming lot, use, or structure for any purpose. line 18 (E)  A local agency shall not adopt or impose any requirement, line 19 process, practice, or procedure or undertake any course of conduct, line 20 including, but not limited to, increased fees or inclusionary housing line 21 requirements, that applies to a project solely or partially on the line 22 basis that the project is a builder’s remedy project. line 23 (F)  (i)  A builder’s remedy project shall be deemed to be in line 24 compliance with the residential density standards for the purposes line 25 of complying with subdivision (b) of Section 65912.123. line 26 (ii)  A builder’s remedy project shall be deemed to be in line 27 compliance with the objective zoning standards, objective line 28 subdivision standards, and objective design review standards for line 29 the purposes of complying with paragraph (5) of subdivision (a) line 30 of Section 65913.4. line 31 (G)  (i)  (I)  If the local agency had a local affordable housing line 32 requirement, as defined in Section 65912.101, that on January 1, line 33 2024, required a greater percentage of affordable units than line 34 required under subparagraph (A) of paragraph (11) of subdivision line 35 (h), or required an affordability level deeper than what is required line 36 under subparagraph (A) of paragraph (11) of subdivision (h), then, line 37 except as provided in subclauses (II) and (III), the local agency line 38 may require a housing development for mixed-income households line 39 to comply with an otherwise lawfully applicable local affordability line 40 percentage or affordability level. The local agency shall not require 99 AB 1997 — 15 — line 1 housing for mixed-income households to comply with any other line 2 aspect of the local affordable housing requirement. line 3 (II)  Notwithstanding subclause (I), the local affordable housing line 4 requirements shall not be applied to require housing for line 5 mixed-income households to dedicate more than 20 percent of the line 6 units to affordable units of any kind. line 7 (III)  Housing for mixed-income households that is required to line 8 dedicate 20 percent of the units to affordable units shall not be line 9 required to dedicate any of the affordable units at an income level line 10 deeper than lower income households, as defined in Section line 11 50079.5 of the Health and Safety Code. line 12 (IV)  A local agency may only require housing for mixed-income line 13 households to comply with the local percentage requirement or line 14 affordability level described in subclause (I) if it first makes written line 15 findings, supported by a preponderance of evidence, that line 16 compliance with the local percentage requirement or the line 17 affordability level, or both, would not render the housing line 18 development project infeasible. If a reasonable person could find line 19 compliance with either requirement, either alone or in combination, line 20 would render the project infeasible, the project shall not be required line 21 to comply with that requirement. line 22 (ii)  Affordable units in the development project shall have a line 23 comparable bedroom and bathroom count as the market rate units. line 24 (iii)  Each affordable unit dedicated pursuant to this subparagraph line 25 shall count toward satisfying a local affordable housing line 26 requirement. Each affordable unit dedicated pursuant to a local line 27 affordable housing requirement that meets the criteria established line 28 in this subparagraph shall count towards satisfying the requirements line 29 of this subparagraph. This is declaratory of existing law. line 30 (7) line 31 (8)  (A)  For a housing development project application that is line 32 deemed complete before January 1, 2025, the development line 33 proponent for the project may choose to be subject to the provisions line 34 of this section that were in place on the date the preliminary line 35 application was submitted, or, if the project meets the definition line 36 of a builder’s remedy project, it may choose to be subject to any line 37 or all of the provisions of this section applicable as of January 1, line 38 2025. line 39 (B)  Notwithstanding subdivision (c) of Section 65941.1, for a line 40 housing development project deemed complete before January 1, 99 — 16 — AB 1997 line 1 2025, the development proponent may choose to revise their line 2 application so that the project is a builder’s remedy project, without line 3 being required to resubmit a preliminary application, even if the line 4 revision results in the number of residential units or square footage line 5 of construction changing by 20 percent or more. line 6 (8) line 7 (9)  A housing development project proposed on a site that is line 8 identified as suitable or available for very low, low-, or line 9 moderate-income households in the jurisdiction’s housing element, line 10 that is consistent with the density specified in the most recently line 11 updated and adopted housing element, and that is inconsistent with line 12 both the jurisdiction’s zoning ordinance and general plan land use line 13 designation on the date the application was deemed complete, shall line 14 be subject to the provisions of subparagraphs (A), (B), and (D) of line 15 paragraph (6) and paragraph (9). (10). line 16 (9) line 17 (10)  For purposes of this subdivision, “objective, quantifiable, line 18 written development standards, conditions, and policies” means line 19 criteria that involve no personal or subjective judgment by a public line 20 official and are uniformly verifiable by reference to an external line 21 and uniform benchmark or criterion available and knowable by line 22 both the development applicant or proponent and the public official line 23 before submittal, including, but not limited to, any standard, line 24 ordinance, or policy described in paragraph (4) of subdivision (o). line 25 Nothing herein shall affect the obligation of the housing line 26 development project to comply with the minimum building line 27 standards approved by the California Building Standards line 28 Commission as provided in Part 2.5 (commencing with Section line 29 18901) of Division 13 of the Health and Safety Code. In the event line 30 that applicable objective, quantifiable, written development line 31 standards, conditions, and policies are mutually inconsistent, a line 32 development shall be deemed consistent with the criteria that line 33 permits the density and unit type closest to that of the proposed line 34 project. line 35 (g)  This section shall be applicable to charter cities because the line 36 Legislature finds that the lack of housing, including emergency line 37 shelter, is a critical statewide problem. line 38 (h)  The following definitions apply for the purposes of this line 39 section: 99 AB 1997 — 17 — line 1 (1)  “Feasible” means capable of being accomplished in a line 2 successful manner within a reasonable period of time, taking into line 3 account economic, environmental, social, and technological factors. line 4 (2)  “Housing development project” means a use consisting of line 5 any of the following: line 6 (A)  Residential units only. line 7 (B)  Mixed-use developments consisting of residential and line 8 nonresidential uses that meet any of the following conditions: line 9 (i)  A mixed-use development that meets both of the following: line 10 (I)  At least two-thirds of the new or converted square footage line 11 is designated for residential use. line 12 (II)  (ia)  No portion of the project is designated for use as a line 13 hotel, motel, bed and breakfast inn, or other transient lodging. line 14 (ib)  (Ia)  Notwithstanding sub-subclause (ia), if a mixed-use line 15 project as defined in this paragraph includes a hotel, motel, bed line 16 and breakfast inn, or other transient lodging, the portion of the line 17 mixed-use project which does not include a hotel, motel, bed and line 18 breakfast inn, or other transient lodging shall be considered a line 19 housing development project. line 20 (Ib)  The local agency may separately approve the portion of the line 21 project that includes a hotel, motel, bed and breakfast inn, or other line 22 transient lodging, which shall not be eligible for any benefits line 23 conferred on a housing development project by state law, including, line 24 but not limited to those available to a development under Section line 25 65913.4. line 26 (ic)  For purposes of this subclause, the term “other transient line 27 lodging” does not include either of the following: line 28 (Ia)  A residential hotel, as defined in Section 50519 of the Health line 29 and Safety Code. line 30 (Ib)  After the issuance of a certificate of occupancy, a resident’s line 31 use or marketing of a unit as short-term lodging, as defined in line 32 Section 17568.8 of the Business and Professions Code, in a manner line 33 consistent with local law. line 34 (ii)  At least 50 percent of the new or converted square footage line 35 is designated for residential use and the project meets both of the line 36 following: line 37 (I)  The project includes at least 500 net new residential units. line 38 (II)  No portion of the project is designated for use as a hotel, line 39 motel, bed and breakfast inn, or other transient lodging, except a 99 — 18 — AB 1997 line 1 portion of the project may be designated for use as a residential line 2 hotel, as defined in Section 50519 of the Health and Safety Code. line 3 (iii)  At least 50 percent of the net new or converted square line 4 footage is designated for residential use and the project meets all line 5 of the following: line 6 (I)  The project includes at least 500 net new residential units. line 7 (II)  The project involves the demolition or conversion of at least line 8 100,000 square feet of nonresidential use. line 9 (III)  The project demolishes at least 50 percent of the existing line 10 nonresidential uses on the site. line 11 (IV)  No portion of the project is designated for use as a hotel, line 12 motel, bed and breakfast inn, or other transient lodging, except a line 13 portion of the project may be designated for use as a residential line 14 hotel, as defined in Section 50519 of the Health and Safety Code. line 15 (C)  Transitional housing or supportive housing. line 16 (D)  Farmworker housing, as defined in subdivision (h) of line 17 Section 50199.7 of the Health and Safety Code. line 18 (3)  (A)  “Housing for very low, low-, or moderate-income line 19 households” means housing for lower income households, line 20 mixed-income households, or moderate-income households. line 21 (B)  “Housing for lower income households” means a housing line 22 development project in which 100 percent of the units, excluding line 23 managers’ units, are dedicated to lower income households, as line 24 defined in Section 50079.5 of the Health and Safety Code, at an line 25 affordable cost, as defined by Section 50052.5 of the Health and line 26 Safety Code, or an affordable rent set in an amount consistent with line 27 the rent limits established by the California Tax Credit Allocation line 28 Committee. The units shall be subject to a recorded deed restriction line 29 for a period of 55 years for rental units and 45 years for line 30 owner-occupied units. line 31 (C)  (i)  “Housing for mixed-income households” means any of line 32 the following: line 33 (I)  A housing development project in which at least 7 percent line 34 of the total units, as defined in subparagraph (A) of paragraph (8) line 35 of subdivision (o) of Section 65915, are dedicated to extremely line 36 low income households, as defined in Section 50106 of the Health line 37 and Safety Code. line 38 (II)  A housing development project in which at least 10 percent line 39 of the total units, as defined in subparagraph (A) of paragraph (8) line 40 of subdivision (o) of Section 65915, are dedicated to very low 99 AB 1997 — 19 — line 1 income households, as defined in Section 50105 of the Health and line 2 Safety Code. line 3 (III)  A housing development project in which at least 13 percent line 4 of the total units, as defined in subparagraph (A) of paragraph (8) line 5 of subdivision (o) of Section 65915, are dedicated to lower income line 6 households, as defined in Section 50079.5 of the Health and Safety line 7 Code. line 8 (IV)  A housing development project in which there are 10 or line 9 fewer total units, as defined in subparagraph (A) of paragraph (8) line 10 of subdivision (o) of Section 65915, that is on a site that is smaller line 11 than one acre, and that is proposed for development at a minimum line 12 density of 10 units per acre. line 13 (ii)  All units dedicated to extremely low income, very low line 14 income, and low-income households pursuant to clause (i) shall line 15 meet both of the following: line 16 (I)  The units shall have an affordable housing cost, as defined line 17 in Section 50052.5 of the Health and Safety Code, or an affordable line 18 rent, as defined in Section 50053 of the Health and Safety Code. line 19 (II)  The development proponent shall agree to, and the local line 20 agency shall ensure, the continued affordability of all affordable line 21 rental units included pursuant to this section for 55 years and all line 22 affordable ownership units included pursuant to this section for a line 23 period of 45 years. line 24 (D)  “Housing for moderate-income households” means a line 25 housing development project in which 100 percent of the units are line 26 sold or rented to moderate-income households, as defined in line 27 Section 50093 of the Health and Safety Code, at an affordable line 28 housing cost, as defined in Section 50052.5 of the Health and line 29 Safety Code, or an affordable rent, as defined in Section 50053 of line 30 the Health and Safety Code. The units shall be subject to a recorded line 31 deed restriction for a period of 55 years for rental units and 45 line 32 years for owner-occupied units. line 33 (4)  “Area median income” means area median income as line 34 periodically established by the Department of Housing and line 35 Community Development pursuant to Section 50093 of the Health line 36 and Safety Code. line 37 (5)  Notwithstanding any other law, “deemed complete” means line 38 that the applicant has submitted a preliminary application pursuant line 39 to Section 65941.1 or, if the applicant has not submitted a line 40 preliminary application, has submitted a complete application 99 — 20 — AB 1997 line 1 pursuant to Section 65943. The local agency shall bear the burden line 2 of proof in establishing that the application is not complete. line 3 (6)  “Disapprove the housing development project” includes any line 4 instance in which a local agency does any of the following: line 5 (A)  Votes or takes final administrative action on a proposed line 6 housing development project application and the application is line 7 disapproved, including any required land use approvals or line 8 entitlements necessary for the issuance of a building permit. line 9 (B)  Fails to comply with the time periods specified in line 10 subdivision (a) of Section 65950. An extension of time pursuant line 11 to Article 5 (commencing with Section 65950) shall be deemed to line 12 be an extension of time pursuant to this paragraph. line 13 (C)  Fails to meet the time limits specified in Section 65913.3. line 14 (D)  Fails to meet the time limit specified in Section 17970.3 of line 15 the Health and Safety Code. line 16 (E)  Fails to cease a course of conduct undertaken for an line 17 improper purpose, such as to harass or to cause unnecessary delay line 18 or needless increases in the cost of the proposed housing line 19 development project, that effectively disapproves the proposed line 20 housing development without taking final administrative action if line 21 all of the following conditions are met: line 22 (i)  The project applicant provides written notice detailing the line 23 challenged conduct and why it constitutes disapproval to the local line 24 agency established under Section 65100. line 25 (ii)  Within five working days of receiving the applicant’s written line 26 notice described in clause (i), the local agency shall post the notice line 27 on the local agency’s internet website, provide a copy of the notice line 28 to any person who has made a written request for notices pursuant line 29 to subdivision (f) of Section 21167 of the Public Resources Code, line 30 and file the notice with the county clerk of each county in which line 31 the project will be located. The county clerk shall post the notice line 32 and make it available for public inspection in the manner set forth line 33 in subdivision (c) of Section 21152 of the Public Resources Code. line 34 (iii)  The local agency shall consider all objections, comments, line 35 evidence, and concerns about the project or the applicant’s written line 36 notice and shall not make a determination until at least 60 days line 37 after the applicant has given written notice to the local agency line 38 pursuant to clause (i). line 39 (iv)  Within 90 days of receipt of the applicant’s written notice line 40 described in clause (i), the local agency shall issue a written 99 AB 1997 — 21 — line 1 statement that it will immediately cease the challenged conduct or line 2 issue written findings that comply with both of the following line 3 requirements: line 4 (I)  The findings articulate an objective basis for why the line 5 challenged course of conduct is necessary. line 6 (II)  The findings provide clear instructions on what the applicant line 7 must submit or supplement so that the local agency can make a line 8 final determination regarding the next necessary approval or set line 9 the date and time of the next hearing. line 10 (v)  (I)  If a local agency continues the challenged course of line 11 conduct described in the applicant’s written notice and fails to line 12 issue the written findings described in clause (iv), the local agency line 13 shall bear the burden of establishing that its course of conduct does line 14 not constitute a disapproval of the housing development project line 15 under this subparagraph in an action taken by the applicant. line 16 (II)  If an applicant challenges a local agency’s course of conduct line 17 as a disapproval under this subparagraph, the local agency’s written line 18 findings described in clause (iv) shall be incorporated into the line 19 administrative record and be deemed to be the final administrative line 20 action for purposes of adjudicating whether the local agency’s line 21 course of conduct constitutes a disapproval of the housing line 22 development project under this subparagraph. line 23 (vi)  A local agency’s action in furtherance of complying with line 24 the California Environmental Quality Act (Division 13 line 25 (commencing with Section 21000) of the Public Resources Code), line 26 including, but not limited to, imposing mitigating measures, shall line 27 not constitute project disapproval under this subparagraph. line 28 (F)  Fails to comply with Section 65905.5. For purposes of this line 29 subparagraph, a builder’s remedy project shall be deemed to line 30 comply with the applicable, objective general plan and zoning line 31 standards in effect at the time an application is deemed complete. line 32 (G)  (i)  Determines that an application for a housing line 33 development project is incomplete pursuant to subdivision (a) or line 34 (b) of Section 65943 and includes in the determination an item line 35 that is not required on the local agency’s submittal requirement line 36 checklist. The local agency shall bear the burden of proof that the line 37 required item is listed on the submittal requirement checklist. line 38 (ii)  In a subsequent review of an application pursuant to Section line 39 65943, requests the applicant provide new information that was line 40 not identified in the initial determination and upholds this 99 — 22 — AB 1997 line 1 determination in the final written determination on an appeal filed line 2 pursuant to subdivision (c) of Section 65943. The local agency line 3 shall bear the burden of proof that the required item was identified line 4 in the initial determination. line 5 (iii)  Determines that an application for a housing development line 6 project is incomplete pursuant to subdivision (a) or (b) of Section line 7 65943, a reasonable person would conclude that the applicant has line 8 submitted all of the items required on the local agency’s submittal line 9 requirement checklist, and the local agency upholds this line 10 determination in the final written determination on an appeal filed line 11 pursuant to subdivision (c) of Section 65943. line 12 (iv)  If a local agency determines that an application is line 13 incomplete under Section 65943 after two resubmittals of the line 14 application by the applicant, the local agency shall bear the burden line 15 of establishing that the determination is not an effective disapproval line 16 of a housing development project under this section. line 17 (H)  Violates subparagraph (D) or (E) of paragraph (6) (7) of line 18 subdivision (f). line 19 (I)  Makes a written determination that a preliminary application line 20 described in subdivision (a) of Section 65941.1 has expired or that line 21 the applicant has otherwise lost its vested rights under the line 22 preliminary application for any reason other than those described line 23 in subdivisions(d) and (e) of Section 65941.1. line 24 (J)  (i)  Fails to make a determination of whether the project is line 25 exempt from the California Environmental Quality Act (Division line 26 13 (commencing with Section 21000) of the Public Resources line 27 Code), or commits an abuse of discretion, as defined in subdivision line 28 (b) of Section 65589.5.1 if all of the conditions in Section line 29 65589.5.1 are satisfied. line 30 (ii)  This subparagraph shall become inoperative on January 1, line 31 2031. line 32 (K)  (i)  Fails to adopt a negative declaration or addendum for line 33 the project, to certify an environmental impact report for the line 34 project, or to approve another comparable environmental document, line 35 such as a sustainable communities environmental assessment line 36 pursuant to Section 21155.2 of the Public Resources Code, as line 37 required pursuant to the California Environmental Quality Act line 38 (Division 13 (commencing with Section 21000) of the Public line 39 Resources Code), if all of the conditions in Section 65589.5.2 are line 40 satisfied. 99 AB 1997 — 23 — line 1 (ii)  This subparagraph shall become inoperative on January 1, line 2 2031. line 3 (7)  (A)  For purposes of this section and Sections 65589.5.1 and line 4 65589.5.2, “lawful determination” means any final decision about line 5 whether to approve or disapprove a statutory or categorical line 6 exemption or a negative declaration, addendum, environmental line 7 impact report, or comparable environmental review document line 8 under the California Environmental Quality Act (Division 13 line 9 (commencing with Section 21000) of the Public Resources Code) line 10 that is not an abuse of discretion, as defined in subdivision (b) of line 11 Section 65589.5.1 or subdivision (b) of Section 65589.5.2. line 12 (B)  This paragraph shall become inoperative on January 1, 2031. line 13 (8)  “Lower density” includes any conditions that have the same line 14 effect or impact on the ability of the project to provide housing. line 15 (9)  “Objective” means involving no personal or subjective line 16 judgment by a public official and being uniformly verifiable by line 17 reference to an external and uniform benchmark or criterion line 18 available and knowable by both the development applicant or line 19 proponent and the public official. line 20 (10)  Notwithstanding any other law, “determined to be line 21 complete” means that the applicant has submitted a complete line 22 application pursuant to Section 65943. line 23 (11)  “Builder’s remedy project” means a project that meets all line 24 of the following criteria: line 25 (A)  The project is a housing development project that provides line 26 housing for very low, low-, or moderate-income households. line 27 (B)  On or after the date an application for the housing line 28 development project or emergency shelter was deemed complete, line 29 the jurisdiction did not have a housing element that was in line 30 substantial compliance with this article. line 31 (C)  The project has a density such that the number of units, as line 32 calculated before the application of a density bonus pursuant to line 33 Section 65915, complies with all of the following conditions: line 34 (i)  The density does not exceed the greatest of the following line 35 densities: line 36 (I)  Fifty percent greater than the minimum density deemed line 37 appropriate to accommodate housing for that jurisdiction as line 38 specified in subparagraph (B) of paragraph (3) of subdivision (c) line 39 of Section 65583.2. 99 — 24 — AB 1997 line 1 (II)  Three times the density allowed by the general plan, zoning line 2 ordinance, or state law, whichever is greater. line 3 (III)  The density that is consistent with the density specified in line 4 the housing element. line 5 (ii)  Notwithstanding clause (i), the greatest allowable density line 6 shall be 35 units per acre more than the amount allowable pursuant line 7 to clause (i), if any portion of the site is located within any of the line 8 following: line 9 (I)  One-half mile of a major transit stop, as defined in Section line 10 21064.3 of the Public Resources Code. line 11 (II)  A very low vehicle travel area, as defined in subdivision line 12 (b) of Section 65589.5.1. line 13 (III)  A high or highest resource census tract, as identified by line 14 the latest edition of the “CTCAC/HCD Opportunity Map” line 15 published by the California Tax Credit Allocation Committee and line 16 the Department of Housing and Community Development. line 17 (D)  (i)  On sites that have a minimum density requirement and line 18 are located within one-half mile of a commuter rail station or a line 19 heavy rail station, the density of the project shall not be less than line 20 the minimum density required on the site. line 21 (I)  For purposes of this subparagraph, “commuter rail” means line 22 a railway that is not a light rail, streetcar, trolley, or tramway and line 23 that is for urban passenger train service consisting of local short line 24 distance travel operating between a central city and adjacent suburb line 25 with service operated on a regular basis by or under contract with line 26 a transit operator for the purpose of transporting passengers within line 27 urbanized areas, or between urbanized areas and outlying areas, line 28 using either locomotive-hauled or self-propelled railroad passenger line 29 cars, with multitrip tickets and specific station-to-station fares. line 30 (II)  For purposes of this subparagraph, “heavy rail” means an line 31 electric railway with the capacity for a heavy volume of traffic line 32 using high speed and rapid acceleration passenger rail cars line 33 operating singly or in multicar trains on fixed rails, separate line 34 rights-of-way from which all other vehicular and foot traffic are line 35 excluded, and high platform loading. line 36 (ii)  On all other sites with a minimum density requirement, the line 37 density of the project shall not be less than the local agency’s line 38 minimum density or one-half of the minimum density deemed line 39 appropriate to accommodate housing for that jurisdiction as 99 AB 1997 — 25 — line 1 specified in subparagraph (B) of paragraph (3) of subdivision (c) line 2 of Section 65583.2, whichever is lower. line 3 (E)  The project site does not abut a site where more than line 4 one-third of the square footage on the site has been used, within line 5 the past three years, by a heavy industrial use, or a Title V line 6 industrial use, as those terms are defined in Section 65913.16. line 7 (12)  “Condition approval” includes imposing on the housing line 8 development project, or attempting to subject it to, development line 9 standards, conditions, or policies. line 10 (13)  “Unit type” means the form of ownership and the kind of line 11 residential unit, including, but not limited to, single-family line 12 detached, single-family attached, for-sale, rental, multifamily, line 13 townhouse, condominium, apartment, manufactured homes and line 14 mobilehomes, factory-built housing, and residential hotel. line 15 (14)  “Proposed by the applicant” means the plans and designs line 16 as submitted by the applicant, including, but not limited to, density, line 17 unit size, unit type, site plan, building massing, floor area ratio, line 18 amenity areas, open space, parking, and ancillary commercial uses. line 19 (i)  If any city, county, or city and county denies approval or line 20 imposes conditions, including design changes, lower density, or line 21 a reduction of the percentage of a lot that may be occupied by a line 22 building or structure under the applicable planning and zoning in line 23 force at the time the housing development project’s application is line 24 complete, that have a substantial adverse effect on the viability or line 25 affordability of a housing development for very low, low-, or line 26 moderate-income households, and the denial of the development line 27 or the imposition of conditions on the development is the subject line 28 of a court action which challenges the denial or the imposition of line 29 conditions, then the burden of proof shall be on the local legislative line 30 body to show that its decision is consistent with the findings as line 31 described in subdivision (d), and that the findings are supported line 32 by a preponderance of the evidence in the record, and with the line 33 requirements of subdivision (o). line 34 (j)  (1)  When a proposed housing development project complies line 35 with applicable, objective general plan, zoning, and subdivision line 36 standards and criteria, including design review standards, in effect line 37 at the time that the application was deemed complete, but the local line 38 agency proposes to disapprove the project or to impose a condition line 39 that the project be developed at a lower density, the local agency line 40 shall base its decision regarding the proposed housing development 99 — 26 — AB 1997 line 1 project upon written findings supported by a preponderance of the line 2 evidence on the record that both of the following conditions exist: line 3 (A)  The housing development project would have a specific, line 4 adverse impact upon the public health or safety unless the project line 5 is disapproved or approved upon the condition that the project be line 6 developed at a lower density. As used in this paragraph, a “specific, line 7 adverse impact” means a significant, quantifiable, direct, and line 8 unavoidable impact, based on objective, identified written public line 9 health or safety standards, policies, or conditions as they existed line 10 on the date the application was deemed complete. line 11 (B)  There is no feasible method to satisfactorily mitigate or line 12 avoid the adverse impact identified pursuant to paragraph (1), other line 13 than the disapproval of the housing development project or the line 14 approval of the project upon the condition that it be developed at line 15 a lower density. line 16 (2)  (A)  If the local agency considers a proposed housing line 17 development project to be inconsistent, not in compliance, or not line 18 in conformity with an applicable plan, program, policy, ordinance, line 19 standard, requirement, or other similar provision as specified in line 20 this subdivision, it shall provide the applicant with written line 21 documentation identifying the provision or provisions, and an line 22 explanation of the reason or reasons it considers the housing line 23 development to be inconsistent, not in compliance, or not in line 24 conformity as follows: line 25 (i)  Within 30 days of the date that the application for the housing line 26 development project is determined to be complete, if the housing line 27 development project contains 150 or fewer housing units. line 28 (ii)  Within 60 days of the date that the application for the line 29 housing development project is determined to be complete, if the line 30 housing development project contains more than 150 units. line 31 (B)  If the local agency fails to provide the required line 32 documentation pursuant to subparagraph (A), the housing line 33 development project shall be deemed consistent, compliant, and line 34 in conformity with the applicable plan, program, policy, ordinance, line 35 standard, requirement, or other similar provision. line 36 (3)  For purposes of this section, the receipt of a density bonus, line 37 incentive, concession, waiver, or reduction of development line 38 standards pursuant to Section 65915 shall not constitute a valid line 39 basis on which to find a proposed housing development project is line 40 inconsistent, not in compliance, or not in conformity, with an 99 AB 1997 — 27 — line 1 applicable plan, program, policy, ordinance, standard, requirement, line 2 or other similar provision specified in this subdivision. line 3 (4)  For purposes of this section, a proposed housing development line 4 project is not inconsistent with the applicable zoning standards line 5 and criteria, and shall not require a rezoning, if the housing line 6 development project is consistent with the objective general plan line 7 standards and criteria but the zoning for the project site is line 8 inconsistent with the general plan. If the local agency has complied line 9 with paragraph (2), the local agency may require the proposed line 10 housing development project to comply with the objective line 11 standards and criteria of the zoning which is consistent with the line 12 general plan, however, the standards and criteria shall be applied line 13 to facilitate and accommodate development at the density allowed line 14 on the site by the general plan and proposed by the proposed line 15 housing development project. line 16 (k)  (1)  (A)  (i)  The applicant, a person who would be eligible line 17 to apply for residency in the housing development project or line 18 emergency shelter, or a housing organization may bring an action line 19 to enforce this section. If, in any action brought to enforce this line 20 section, a court finds that any of the following are met, the court line 21 shall issue an order pursuant to clause (ii): line 22 (I)  The local agency, in violation of subdivision (d), disapproved line 23 a housing development project or conditioned its approval in a line 24 manner rendering it infeasible for the development of an emergency line 25 shelter, or housing for very low, low-, or moderate-income line 26 households, including farmworker housing, without making the line 27 findings required by this section. line 28 (II)  The local agency, in violation of subdivision (j), disapproved line 29 a housing development project complying with applicable, line 30 objective general plan and zoning standards and criteria, or imposed line 31 a condition that the project be developed at a lower density, without line 32 making the findings required by this section. line 33 (III)  The local agency, in violation of subdivision (o), required line 34 or attempted to require a housing development project to comply line 35 with an ordinance, policy, or standard not adopted and in effect line 36 when a preliminary application was submitted. line 37 (IV)  The local agency violated a provision of this section line 38 applicable to a builder’s remedy project. line 39 (ii)  If the court finds that one of the conditions in clause (i) is line 40 met, the court shall issue an order or judgment compelling 99 — 28 — AB 1997 line 1 compliance with this section within a time period not to exceed line 2 60 days, including, but not limited to, an order that the local agency line 3 take action on the housing development project or emergency line 4 shelter. The court may issue an order or judgment directing the line 5 local agency to approve the housing development project or line 6 emergency shelter if the court finds that the local agency acted in line 7 bad faith when it disapproved or conditionally approved the line 8 housing development or emergency shelter in violation of this line 9 section. The court shall retain jurisdiction to ensure that its order line 10 or judgment is carried out and shall award reasonable attorney’s line 11 fees and costs of suit to the plaintiff or petitioner, provided, line 12 however, that the court shall not award attorney’s fees in either of line 13 the following instances: line 14 (I)  The court finds, under extraordinary circumstances, that line 15 awarding fees would not further the purposes of this section. line 16 (II)  (ia)  In a case concerning a disapproval within the meaning line 17 of subparagraph (J) or (K) of paragraph (6) of subdivision (h), the line 18 court finds that the local agency acted in good faith and had line 19 reasonable cause to disapprove the housing development project line 20 due to the existence of a controlling question of law about the line 21 application of the California Environmental Quality Act (Division line 22 13 (commencing with Section 21000) of the Public Resources line 23 Code) or implementing guidelines as to which there was a line 24 substantial ground for difference of opinion at the time of the line 25 disapproval. line 26 (ib)  This subclause shall become inoperative on January 1, 2031. line 27 (B)  Upon a determination that the local agency has failed to line 28 comply with the order or judgment compelling compliance with line 29 this section within the time period prescribed by the court, the line 30 court shall impose fines on a local agency that has violated this line 31 section and require the local agency to deposit any fine levied line 32 pursuant to this subdivision into a local housing trust fund. The line 33 local agency may elect to instead deposit the fine into the Building line 34 Homes and Jobs Trust Fund. The fine shall be in a minimum line 35 amount of ten thousand dollars ($10,000) per housing unit in the line 36 housing development project on the date the application was line 37 deemed complete pursuant to Section 65943. In determining the line 38 amount of the fine to impose, the court shall consider the local line 39 agency’s progress in attaining its target allocation of the regional line 40 housing need pursuant to Section 65584 and any prior violations 99 AB 1997 — 29 — line 1 of this section. Fines shall not be paid out of funds already line 2 dedicated to affordable housing, including, but not limited to, Low line 3 and Moderate Income Housing Asset Funds, funds dedicated to line 4 housing for very low, low-, and moderate-income households, and line 5 federal HOME Investment Partnerships Program and Community line 6 Development Block Grant Program funds. The local agency shall line 7 commit and expend the money in the local housing trust fund line 8 within five years for the sole purpose of financing newly line 9 constructed housing units affordable to extremely low, very low, line 10 or low-income households. After five years, if the funds have not line 11 been expended, the money shall revert to the state and be deposited line 12 in the Building Homes and Jobs Trust Fund for the sole purpose line 13 of financing newly constructed housing units affordable to line 14 extremely low, very low, or low-income households. line 15 (C)  If the court determines that its order or judgment has not line 16 been carried out within 60 days, the court may issue further orders line 17 as provided by law to ensure that the purposes and policies of this line 18 section are fulfilled, including, but not limited to, an order to vacate line 19 the decision of the local agency and to approve the housing line 20 development project, in which case the application for the housing line 21 development project, as proposed by the applicant at the time the line 22 local agency took the initial action determined to be in violation line 23 of this section, along with any standard conditions determined by line 24 the court to be generally imposed by the local agency on similar line 25 projects, shall be deemed to be approved unless the applicant line 26 consents to a different decision or action by the local agency. line 27 (D)  Nothing in this section shall limit the court’s inherent line 28 authority to make any other orders to compel the immediate line 29 enforcement of any writ brought under this section, including the line 30 imposition of fees and other sanctions set forth under Section 1097 line 31 of the Code of Civil Procedure. line 32 (2)  For purposes of this subdivision, “housing organization” line 33 means a trade or industry group whose local members are primarily line 34 engaged in the construction or management of housing units or a line 35 nonprofit organization whose mission includes providing or line 36 advocating for increased access to housing for low-income line 37 households and have filed written or oral comments with the local line 38 agency prior to action on the housing development project. A line 39 housing organization may only file an action pursuant to this line 40 section to challenge the disapproval of a housing development by 99 — 30 — AB 1997 line 1 a local agency. A housing organization shall be entitled to line 2 reasonable attorney’s fees and costs if it is the prevailing party in line 3 an action to enforce this section. line 4 (l)  If the court finds that the local agency (1) acted in bad faith line 5 when it violated this section and (2) failed to carry out the court’s line 6 order or judgment within the time period prescribed by the court, line 7 the court, in addition to any other remedies provided by this line 8 section, shall multiply the fine determined pursuant to subparagraph line 9 (B) of paragraph (1) of subdivision (k) by a factor of five. If a court line 10 has previously found that the local agency violated this section line 11 within the same planning period, the court shall multiply the fines line 12 by an additional factor for each previous violation. For purposes line 13 of this section, “bad faith” includes, but is not limited to, an action line 14 or inaction that is frivolous, pretextual, intended to cause line 15 unnecessary delay, or entirely without merit. line 16 (m)  (1)  Any action brought to enforce the provisions of this line 17 section shall be brought pursuant to Section 1094.5 of the Code line 18 of Civil Procedure, and the local agency shall prepare and certify line 19 the record of proceedings in accordance with subdivision (c) of line 20 Section 1094.6 of the Code of Civil Procedure no later than 30 line 21 days after the petition is served, provided that the cost of line 22 preparation of the record shall be borne by the local agency, unless line 23 the petitioner elects to prepare the record as provided in subdivision line 24 (n) of this section. A petition to enforce the provisions of this line 25 section shall be filed and served no later than 90 days from the line 26 later of (1) the effective date of a decision of the local agency line 27 imposing conditions on, disapproving, or any other final action on line 28 a housing development project or (2) the expiration of the time line 29 periods specified in subparagraph (B) of paragraph (5) of line 30 subdivision (h). Upon entry of the trial court’s order, a party may, line 31 in order to obtain appellate review of the order, file a petition line 32 within 20 days after service upon it of a written notice of the entry line 33 of the order, or within such further time not exceeding an additional line 34 20 days as the trial court may for good cause allow, or may appeal line 35 the judgment or order of the trial court under Section 904.1 of the line 36 Code of Civil Procedure. If the local agency appeals the judgment line 37 of the trial court, the local agency shall post a bond, in an amount line 38 to be determined by the court, to the benefit of the plaintiff if the line 39 plaintiff is the project applicant. 99 AB 1997 — 31 — line 1 (2)  (A)  A disapproval within the meaning of subparagraph (J) line 2 of paragraph (6) of subdivision (h) shall be final for purposes of line 3 this subdivision, if the local agency did not make a lawful line 4 determination within the time period set forth in paragraph (5) of line 5 subdivision (a) of Section 65589.5.1 after the applicant’s timely line 6 written notice. line 7 (B)  This paragraph shall become inoperative on January 1, 2031. line 8 (3)  (A)  A disapproval within the meaning of subparagraph (K) line 9 of paragraph (6) of subdivision (h) shall be final for purposes of line 10 this subdivision, if the local agency did not make a lawful line 11 determination within 90 days of the applicant’s timely written line 12 notice. line 13 (B)  This paragraph shall become inoperative on January 1, 2031. line 14 (n)  In any action, the record of the proceedings before the local line 15 agency shall be filed as expeditiously as possible and, line 16 notwithstanding Section 1094.6 of the Code of Civil Procedure or line 17 subdivision (m) of this section, all or part of the record may be line 18 prepared (1) by the petitioner with the petition or petitioner’s points line 19 and authorities, (2) by the respondent with respondent’s points and line 20 authorities, (3) after payment of costs by the petitioner, or (4) as line 21 otherwise directed by the court. If the expense of preparing the line 22 record has been borne by the petitioner and the petitioner is the line 23 prevailing party, the expense shall be taxable as costs. line 24 (o)  (1)  Subject to paragraphs (2), (6), and (7), and subdivision line 25 (d) of Section 65941.1, a housing development project shall be line 26 subject only to the ordinances, policies, and standards adopted and line 27 in effect when a preliminary application including all of the line 28 information required by subdivision (a) of Section 65941.1 was line 29 submitted. line 30 (2)  Paragraph (1) shall not prohibit a housing development line 31 project from being subject to ordinances, policies, and standards line 32 adopted after the preliminary application was submitted pursuant line 33 to Section 65941.1 in the following circumstances: line 34 (A)  In the case of a fee, charge, or other monetary exaction, to line 35 an increase resulting from an automatic annual adjustment based line 36 on an independently published cost index that is referenced in the line 37 ordinance or resolution establishing the fee or other monetary line 38 exaction. line 39 (B)  A preponderance of the evidence in the record establishes line 40 that subjecting the housing development project to an ordinance, 99 — 32 — AB 1997 line 1 policy, or standard beyond those in effect when a preliminary line 2 application was submitted is necessary to mitigate or avoid a line 3 specific, adverse impact upon the public health or safety, as defined line 4 in subparagraph (A) of paragraph (1) of subdivision (j), and there line 5 is no feasible alternative method to satisfactorily mitigate or avoid line 6 the adverse impact. line 7 (C)  Subjecting the housing development project to an ordinance, line 8 policy, standard, or any other measure, beyond those in effect when line 9 a preliminary application was submitted is necessary to avoid or line 10 substantially lessen an impact of the project under the California line 11 Environmental Quality Act (Division 13 (commencing with Section line 12 21000) of the Public Resources Code). line 13 (D)  The housing development project has not commenced line 14 construction within two and one-half years, or three and one-half line 15 years for an affordable housing project, following the date that the line 16 project received final approval. For purposes of this subparagraph: line 17 (i)  “Affordable housing project” means a housing development line 18 that satisfies both of the following requirements: line 19 (I)  Units within the development are subject to a recorded line 20 affordability restriction for at least 55 years for rental housing and line 21 45 years for owner-occupied housing, or the first purchaser of each line 22 unit participates in an equity sharing agreement as described in line 23 subparagraph (C) of paragraph (2) of subdivision (c) of Section line 24 65915. line 25 (II)  All of the units within the development, excluding managers’ line 26 units, are dedicated to lower income households, as defined by line 27 Section 50079.5 of the Health and Safety Code. line 28 (ii)  “Final approval” means that the housing development project line 29 has received all necessary approvals to be eligible to apply for, line 30 and obtain, a building permit or permits and either of the following line 31 is met: line 32 (I)  The expiration of all applicable appeal periods, petition line 33 periods, reconsideration periods, or statute of limitations for line 34 challenging that final approval without an appeal, petition, request line 35 for reconsideration, or legal challenge having been filed. line 36 (II)  If a challenge is filed, that challenge is fully resolved or line 37 settled in favor of the housing development project. line 38 (E)  The housing development project is revised following line 39 submittal of a preliminary application pursuant to Section 65941.1 line 40 such that the number of residential units or square footage of 99 AB 1997 — 33 — line 1 construction changes by 20 percent or more, exclusive of any line 2 increase resulting from the receipt of a density bonus, incentive, line 3 concession, waiver, or similar provision, including any other locally line 4 authorized program that offers additional density or other line 5 development bonuses when affordable housing is provided. For line 6 purposes of this subdivision, “square footage of construction” line 7 means the building area, as defined by the California Building line 8 Standards Code (Title 24 of the California Code of Regulations). line 9 (3)  This subdivision does not prevent a local agency from line 10 subjecting the additional units or square footage of construction line 11 that result from project revisions occurring after a preliminary line 12 application is submitted pursuant to Section 65941.1 to the line 13 ordinances, policies, and standards adopted and in effect when the line 14 preliminary application was submitted. line 15 (4)  For purposes of this subdivision, “ordinances, policies, and line 16 standards” includes general plan, community plan, specific plan, line 17 zoning, design review standards and criteria, subdivision standards line 18 and criteria, and any other rules, regulations, requirements, and line 19 policies of a local agency, as defined in Section 66000, including line 20 those relating to development impact fees, capacity or connection line 21 fees or charges, permit or processing fees, and other exactions. line 22 (5)  This subdivision shall not be construed in a manner that line 23 would lessen the restrictions imposed on a local agency, or lessen line 24 the protections afforded to a housing development project, that are line 25 established by any other law, including any other part of this line 26 section. line 27 (6)  This subdivision shall not restrict the authority of a public line 28 agency or local agency to require mitigation measures to lessen line 29 the impacts of a housing development project under the California line 30 Environmental Quality Act (Division 13 (commencing with Section line 31 21000) of the Public Resources Code). line 32 (7)  With respect to completed residential units for which the line 33 project approval process is complete and a certificate of occupancy line 34 has been issued, nothing in this subdivision shall limit the line 35 application of later enacted ordinances, policies, and standards line 36 that regulate the use and occupancy of those residential units, such line 37 as ordinances relating to rental housing inspection, rent line 38 stabilization, restrictions on short-term renting, and business line 39 licensing requirements for owners of rental housing. 99 — 34 — AB 1997 line 1 (p)  (1)  Upon any motion for an award of attorney’s fees line 2 pursuant to Section 1021.5 of the Code of Civil Procedure, in a line 3 case challenging a local agency’s approval of a housing line 4 development project, a court, in weighing whether a significant line 5 benefit has been conferred on the general public or a large class line 6 of persons and whether the necessity of private enforcement makes line 7 the award appropriate, shall give due weight to the degree to which line 8 the local agency’s approval furthers policies of this section, line 9 including, but not limited to, subdivisions (a), (b), and (c), the line 10 suitability of the site for a housing development, and the line 11 reasonableness of the decision of the local agency. It is the intent line 12 of the Legislature that attorney’s fees and costs shall rarely, if ever, line 13 be awarded if a local agency, acting in good faith, approved a line 14 housing development project that satisfies conditions established line 15 in paragraph (1), (2), or (3) of subdivision (a) of Section 65589.5.1 line 16 or paragraph (1), (2), or (3) of subdivision (a) of Section 65589.5.2. line 17 (2)  This subdivision shall become inoperative on January 1, line 18 2031. line 19 (q)  This section shall be known, and may be cited, as the line 20 Housing Accountability Act. line 21 (r)  The provisions of this section are severable. If any provision line 22 of this section or its application is held invalid, that invalidity shall line 23 not affect other provisions or applications that can be given effect line 24 without the invalid provision or application. line 25 SEC. 3. Section 65589.9 of the Government Code is amended line 26 to read: line 27 65589.9. (a)  It is the intent of the Legislature to create line 28 incentives for jurisdictions that are compliant with housing element line 29 requirements and have enacted prohousing local policies. It is the line 30 intent of the Legislature that these incentives be in the form of line 31 additional points or other preference in the scoring of competitive line 32 housing and infrastructure programs. It is the intent of the line 33 Legislature that, in adopting regulations related to prohousing local line 34 policy criteria, the department shall create criteria that consider line 35 the needs of rural, suburban, and urban jurisdictions and how those line 36 criteria may differ in those areas. line 37 (b)  (1)  For award cycles commenced after July 1, 2021, line 38 qualified jurisdictions that have adopted a housing element that line 39 has been found by the department to be in substantial compliance line 40 with the requirements of this article pursuant to Section 65585, 99 AB 1997 — 35 — line 1 and that have been designated prohousing pursuant to subdivision line 2 (c) based upon their adoption of prohousing local policies, shall line 3 be awarded additional points or preference in the scoring of line 4 program applications for the following programs: line 5 (1) line 6 (A)  The Affordable Housing and Sustainable Communities line 7 Program established by Part 1 (commencing with Section 75200) line 8 of Division 44 of the Public Resources Code. line 9 (2) line 10 (B)  The Transformative Climate Communities Program line 11 established by Part 4 (commencing with Section 75240) of Division line 12 44 of the Public Resources Code. line 13 (3) line 14 (C)  The qualifying infill area portion of the Infill Incentive Grant line 15 Program of 2007 established by Section 53545.13 of the Health line 16 and Safety Code. line 17 (4) line 18 (D)  The qualifying infill area and catalytic qualifying infill area line 19 portions of the Infill Infrastructure Grant Program of 2019 line 20 established by Section 53559 of the Health and Safety Code. line 21 (5) line 22 (E)  Additional bonus points may be awarded to other state line 23 programs when already allowable under state law. line 24 (2)  For purposes of paragraph (1), “qualified jurisdiction” line 25 means a jurisdiction that has adopted a housing element that has line 26 been found by the department to be in substantial compliance with line 27 the requirements of this article pursuant to Section 65585, and line 28 that meets either of the following conditions: line 29 (A)  Has been designated prohousing pursuant to subdivision line 30 (c) based on their adoption of prohousing local policies. line 31 (B)  For award cycles commenced after July 1, 2027, has been line 32 identified as a housing development expediter. line 33 (c)  (1)  The department shall designate jurisdictions as line 34 prohousing pursuant to the permanent regulations adopted pursuant line 35 to subdivision (d) and report these designations to the Office of line 36 Land Use and Climate Innovation, and any other applicable agency line 37 or department, annually and upon request. line 38 (2)  (A)  Beginning with the seventh housing element cycle, the line 39 department shall, upon request by a small rural jurisdiction, to the line 40 extent feasible, evaluate materials from the small rural 99 — 36 — AB 1997 line 1 jurisdiction’s housing element submission, pursuant to Section line 2 65585, for evidence of prohousing local policies in order to line 3 minimize the need for jurisdictions to submit supplementary line 4 documentation. line 5 (B)  The department shall only conduct the evaluation described line 6 in subparagraph (A) for small rural jurisdictions that have a line 7 compliant housing element. line 8 (3)  (A)  The department shall not require small rural jurisdictions line 9 to renew their prohousing designations for at least four years. line 10 (B)  This paragraph shall not be construed to limit the authority line 11 of the department to revoke a jurisdiction’s prohousing designation. line 12 (4)  Any additional points or preferences awarded for a line 13 prohousing local policy described in subparagraphs (L) to (N), line 14 inclusive, of paragraph (3) (4) of subdivision (f) (g) shall not line 15 exceed the minimum value of points or preferences awarded for line 16 a prohousing local policy that directly relates to the planning, line 17 approval, or construction of housing. line 18 (d)  (1)  By July 1, 2021, the department, in collaboration with line 19 stakeholders, shall adopt emergency regulations to implement this line 20 section. line 21 (2)  Notwithstanding Section 11346.1, the emergency regulations line 22 adopted pursuant to this subdivision shall remain in effect until line 23 the date that permanent regulations to implement this section line 24 become effective. line 25 (e)  On or before January 1, 2021, and annually thereafter, the line 26 department shall publish on its internet website the list of programs line 27 included under subdivision (b). line 28 (f)  The department shall develop a housing development line 29 benchmark to determine whether a jurisdiction is a housing line 30 development expediter, as defined in this section. line 31 (f) line 32 (g)  For purposes of this section, the following definitions shall line 33 apply: line 34 (1)  “Adaptive reuse” shall have the same meaning as in Section line 35 53559.1 of the Health and Safety Code. line 36 (2)  “Compliant housing element” means an adopted housing line 37 element that has been found to be in substantial compliance with line 38 the requirements of this article by the department pursuant to line 39 Section 65585. 99 AB 1997 — 37 — line 1 (3)  “Housing development expediter” means a jurisdiction that line 2 develops housing at a pace that demonstrably increases the number line 3 of single-family homes and multifamily residential buildings in line 4 the jurisdiction in the 12-month period prior to its designation as line 5 prohousing. line 6 (3) line 7 (4)  “Prohousing local policies” means policies that facilitate line 8 the planning, approval, or construction of housing, or policies that line 9 keep people housed. These policies may include, but are not limited line 10 to, the following: line 11 (A)  Local financial incentives for housing, including, but not line 12 limited to, establishing a local housing trust fund. line 13 (B)  Reduced parking requirements for sites that are zoned for line 14 residential development. line 15 (C)  Adoption of zoning allowing for use by right for residential line 16 and mixed-use development. line 17 (D)  Zoning more sites for residential development or zoning line 18 sites at higher densities than is required to accommodate the line 19 minimum existing regional housing need allocation for the current line 20 housing element cycle. line 21 (E)  Adoption of accessory dwelling unit ordinances or other line 22 mechanisms that reduce barriers for property owners to create line 23 accessory dwelling units beyond the requirements outlined in line 24 Article 2 (commencing with Section 66314) of Chapter 13, as line 25 determined by the department. line 26 (F)  Reduction of permit processing time. line 27 (G)  Creation of objective development standards. line 28 (H)  Reduction of development impact fees. line 29 (I)  Establishment of a Workforce Housing Opportunity Zone, line 30 as defined in Section 65620, or a housing sustainability district, line 31 as defined in Section 66200. line 32 (J)  Preservation of affordable housing units through the line 33 extension of existing project-based rental assistance covenants to line 34 avoid the displacement of affected tenants and a reduction in line 35 available affordable housing units. line 36 (K)  Facilitation of the conversion or redevelopment of line 37 commercial properties into housing, including the adoption of line 38 adaptive reuse ordinances or other mechanisms that reduce barriers line 39 for these conversions. 99 — 38 — AB 1997 line 1 (L)  A safe parking program that provides safe parking locations line 2 and options for individuals and families living in their vehicles line 3 and that does all of the following: line 4 (i)  Provides a bathroom facility and onsite security. line 5 (ii)  Establishes an application or enrollment process for the line 6 program that may include a background check requirement. line 7 (iii)  Establishes rules and regulations for the program. line 8 (M)  A safe camping program that provides safe camping line 9 locations and options for individuals and families experiencing line 10 unsheltered homelessness. line 11 (N)  Adoption of ordinances, processes, or other mechanisms line 12 that expedite, or remove barriers to, the approval of any of the line 13 following: line 14 (i)  Low-barrier navigation centers beyond the requirements in line 15 Article 12 (commencing with Section 65660). line 16 (ii)  Emergency shelters beyond the requirements in Section line 17 65583. line 18 (iii)  Supportive housing beyond the requirements in Article 11 line 19 (commencing with Section 65650). line 20 (4) line 21 (5)  “Small rural jurisdiction” means either of the following: line 22 (A)  A city with a population of fewer than 25,000 persons. line 23 (B)  A county with a population of fewer than 200,000 persons. line 24 SEC. 4. Section 65943.3 is added to the Government Code, to line 25 read: line 26 65943.3. (a)  (1)  Once a city, county, or city and county with line 27 a population of 250,000 or more has received a development line 28 application, the city, county, or city and county, as applicable, line 29 shall assign a project development director to the project. line 30 (2)  For purposes of paragraph (1), population numbers shall be line 31 based on data from the most recent decennial United States Census. line 32 (b)  The project development director shall oversee the project line 33 until the project is completed and has received a certificate of line 34 occupancy. line 35 (c)  The responsibilities of the project development director shall line 36 include, but are not limited to, all of the following: line 37 (1)  Monitor compliance with all state and local laws, regulations, line 38 and policies relative to the development and construction of the line 39 project. 99 AB 1997 — 39 — line 1 (2)  Coordinate the local and state responsibilities of every local line 2 agency involved at each stage of the development and construction line 3 of the project. line 4 (3)  Act as the central point of contact between the local line 5 jurisdiction and the project applicant. line 6 (4)  Mediate and resolve any conflict among and between local line 7 agencies and utilities relative to any obligation or requirement line 8 imposed on the project. line 9 (5)  Mediate and resolve any conflict between a local agency or line 10 utility and the project applicant relative to any obligation or line 11 requirement imposed on the project. line 12 (6)  Ensure, to the extent feasible and consistent with existing line 13 law, that inspections are scheduled in a manner that is synchronized line 14 rather than sequential. line 15 (d)  (1)  Once the city, county, or city and county has approved line 16 the project application and the project enters the construction phase, line 17 the city, county, or city and county shall assign a lead inspector to line 18 coordinate each inspection required of the project. line 19 (2)  The lead inspector shall coordinate with the project line 20 development director in order to ensure, to the extent feasible, that line 21 all inspections are synchronized and expedited and that any conflict line 22 between and among local agencies and utilities or the project line 23 applicant is resolved expeditiously. line 24 (3)  This subdivision shall only apply to a project that is expected line 25 to cost more than ten million dollars ($10,000,000). line 26 SEC. 5. Section 65950 of the Government Code is amended line 27 to read: line 28 65950. (a)  A public agency that is the lead agency for a line 29 development project shall approve or disapprove the project within line 30 whichever of the following periods is applicable: line 31 (1)  One hundred eighty Ninety days from the date of certification line 32 by the lead agency of the environmental impact report, if an line 33 environmental impact report is prepared pursuant to Section 21100 line 34 or 21151 of the Public Resources Code for the development project. line 35 (2)  Ninety Sixty days from the date of certification by the lead line 36 agency of the environmental impact report, if an environmental line 37 impact report is prepared pursuant to Section 21100 or 21151 of line 38 the Public Resources Code for a development project defined in line 39 subdivision (c). 99 — 40 — AB 1997 line 1 (3)  Sixty days from the date of certification by the lead agency line 2 of the environmental impact report, if an environmental impact line 3 report is prepared pursuant to Section 21100 or 21151 of the Public line 4 Resources Code for a development project defined in subdivision line 5 (c) and all of the following conditions are met: line 6 (A)  At least 49 percent of the units in the development project line 7 are affordable to very low or low-income households, as defined line 8 by Sections 50105 and 50079.5 of the Health and Safety Code, line 9 respectively. Rents for the lower income units shall be set at an line 10 affordable rent, as that term is defined in Section 50053 of the line 11 Health and Safety Code, for at least 30 years. Owner-occupied line 12 units shall be available at an affordable housing cost, as that term line 13 is defined in Section 50052.5 of the Health and Safety Code. line 14 (B)  Prior to the application being deemed complete for the line 15 development project pursuant to Article 3 (commencing with line 16 Section 65940), the lead agency received written notice from the line 17 project applicant that an application has been made or will be made line 18 for an allocation or commitment of financing, tax credits, bond line 19 authority, or other financial assistance from a public agency or line 20 federal agency, and the notice specifies the financial assistance line 21 that has been applied for or will be applied for and the deadline line 22 for application for that assistance, the requirement that one of the line 23 approvals of the development project by the lead agency is a line 24 prerequisite to the application for or approval of the application line 25 for financial assistance, and that the financial assistance is line 26 necessary for the project to be affordable as required pursuant to line 27 subparagraph (A). line 28 (C)  There is confirmation that the application has been made line 29 to the public agency or federal agency prior to certification of the line 30 environmental impact report. line 31 (4)  Thirty days from the date of certification by the lead agency line 32 of the environmental impact report, if an environmental impact line 33 report is prepared pursuant to Section 21100 or 21151 of the line 34 Public Resources Code for a development project defined in line 35 subdivision (c) and all of the following conditions are met: line 36 (A)  At least 90 percent of the units in the development project line 37 are affordable to very low or extremely low income households, line 38 as defined by Sections 50105 and 50079.5 of the Health and Safety line 39 Code, respectively. Rents for the lower income units shall be set line 40 at an affordable rent, as that term is defined in Section 50053 of 99 AB 1997 — 41 — line 1 the Health and Safety Code, for at least 30 years. Owner-occupied line 2 units shall be available at an affordable housing cost, as that term line 3 is defined in Section 50052.5 of the Health and Safety Code. line 4 (B)  Prior to the application being deemed complete for the line 5 development project pursuant to Article 3 (commencing with line 6 Section 65940), the lead agency received written notice from the line 7 project applicant that an application has been made or will be line 8 made for an allocation or commitment of financing, tax credits, line 9 bond authority, or other financial assistance from a public agency line 10 or federal agency, and the notice specifies the financial assistance line 11 that has been applied for or will be applied for, the deadline for line 12 application for that assistance, the requirement that one of the line 13 approvals of the development project by the lead agency is a line 14 prerequisite to the application for or approval of the application line 15 for financial assistance, and that the financial assistance is line 16 necessary for the project to be affordable as required pursuant to line 17 subparagraph (A). line 18 (C)  There is confirmation that the application has been made line 19 to the public agency or federal agency prior to certification of the line 20 environmental impact report. line 21 (4)  Sixty line 22 (5)  Thirty days from the date of adoption by the lead agency of line 23 the negative declaration, if a negative declaration is completed and line 24 adopted for the development project. line 25 (5)  Sixty line 26 (6)  Thirty days from the determination by the lead agency that line 27 the project is exempt from the California Environmental Quality line 28 Act (Division 13 (commencing with Section 21000) of the Public line 29 Resources Code), if the project is exempt from that act. line 30 (6) line 31 (7)  Except as provided in subdivision (a) of Section 65912.114 line 32 and subdivision (a) of Section 65912.124, sixty thirty days from line 33 the date of receipt of a complete application if the project is subject line 34 to ministerial review by the public agency. line 35 (7) line 36 (8)  If a development project is exempt from the California line 37 Environmental Quality Act (Division 13 (commencing with Section line 38 21000) of the Public Resources Code) pursuant to Section 21080.66 line 39 of the Public Resources Code, 30 days from the later of the line 40 following dates: 99 — 42 — AB 1997 line 1 (A)  The conclusion of the process outlined in subdivision (b) line 2 of Section 21080.66 of the Public Resources Code. line 3 (B)  The expiration of the applicable time limit in paragraph (2) line 4 of subdivision (j) of Section 65589.5. line 5 (b)  This section does not preclude a project applicant and a line 6 public agency from mutually agreeing in writing to an extension line 7 of any time limit provided by this section pursuant to Section line 8 65957. line 9 (c)  For purposes of paragraphs (2) and (3) of subdivision (a) line 10 and Section 65952, “development project” means a housing line 11 development project, as defined in paragraph (3) of subdivision line 12 (b) of Section 65905.5. line 13 (d)  For purposes of this section, “lead agency” and “negative line 14 declaration” have the same meaning as defined in Sections 21067 line 15 and 21064 of the Public Resources Code, respectively. line 16 SEC. 6. Section 50411 is added to the Health and Safety Code, line 17 to read: line 18 50411. (a)  The director, in consultation with the Governor’s line 19 Office of Land Use and Climate Innovation, shall establish a line 20 working group for purposes of exploring, considering, and line 21 recommending guidance to local jurisdictions on the most effective line 22 ways in which to expedite development of housing. The line 23 recommendations may include, but are not limited to, proposals line 24 for amendments to state law to achieve the same objective. line 25 (b)  The director shall ensure that the working group includes line 26 an equal number of local government representatives, housing line 27 developers, and housing advocates. line 28 SEC. 7. No reimbursement is required by this act pursuant to line 29 Section 6 of Article XIIIB of the California Constitution because line 30 a local agency or school district has the authority to levy service line 31 charges, fees, or assessments sufficient to pay for the program or line 32 level of service mandated by this act, within the meaning of Section line 33 17556 of the Government Code. O 99 AB 1997 — 43 — SENATE COMMITTEE ON LOCAL GOVERNMENT Senator María Elena Durazo, Chair 2025 - 2026 Regular Bill No: SB 922 Hearing Date: 3/18/26 Author: Laird Fiscal: No Version: 3/11/26 Consultant: Peterson VEHICLES: LOCAL AGENCY CHARGES: USE OF STREETS OR HIGHWAYS Allows local agencies to impose taxes, permit fees, or other charges for the privilege of using its streets or highways provided they are not based on weight to recover costs for street repair and public services. Background Local taxes, fees, and charges. The California Constitution and various statutes grant local agencies the authority to impose various fees, charges, and taxes to pay for public services. Prior to 1978, local agencies could enact taxes by ordinance. Proposition 13 (1978) amended the Constitution to require a 2/3 vote of the electorate to enact a local special tax. Proposition 62 (1986) prohibited local agencies from imposing general taxes without majority approval of local voters, and clarified the 2/3 vote necessary to impose special taxes. Proposition 218 (1996) extended those vote thresholds to charter cities and required local agencies’ to obtain voter approval to levy new assessments, fees, and taxes, which was subsequently limited by Proposition 26 (2010). Under Proposition 26, any levy, charge, or exaction of any kind imposed by a local government is a tax, requiring voter approval, except for: • A charge for a benefit or privilege conveyed directly to the payor and not conveyed to those not charged; • A charge for a service or product provided directly to the payor and not provided to those not charged; • A fee to cover certain costs of regulation; • Entrance fees for state or local property; • Fines imposed by a court or a local government; • A charge imposed as a condition of property development; and • Assessments and property related fees governed by Proposition 218. Local agencies impose taxes, fees, and charges to finance a variety of public services. For example, state law requires local agencies to provide solid waste handling services, or contract with another local agency or solid waste enterprise. If the local agency provides the service, they charge customers directly. Most jurisdictions in the state operate with some form of “franchise,” or contract, that limits solid waste hauling within the jurisdiction to one or more specified companies. Under these agreements, the local agency charges the franchisee for the benefit of operating within the public right-of-way. The franchisee then charges customers for providing waste hauling services. Many local agencies include the costs to cover the wear and tear on the roads from the heavy waste hauling trucks in their fees. A typical car weighs roughly 4,400 pounds, while a loaded garbage truck can weigh as much as 60,000 pounds. SB 922 (Laird) 3/11/26 Page 2 of 4 Weight fees. California collects fees based on weight from commercial vehicles to finance transportation projects, which generates over $1 billion annually. In 1989, the Legislature passed Senate Constitutional Amendment 1, which became Proposition 111 on the June 1990 ballot. Proposition 111, along with its implementing legislation (AB 471, Katz, 1989) increased weight fees. Along with these measures, the Legislature passed SB 286 (Campbell), which, when Proposition 111 passed, prohibited local agencies from imposing taxes, permit fees, or other charges for the privilege of using its streets or highways, other than a permit fee for particularly large loads, after December 31, 1990, unless the local agency had imposed the fee prior to June 1, 1989. The Legislature intended for this measure to assuage concerns that local agencies would follow suit and increase local fees, charges, or taxes for the privilege of using their roads. Rogers v. Redlands. In 2025, a resident of Redlands, a city of over 70,000 residents in San Bernardino County, sued the city alleging that the portion of their waste hauling fees used to repair road damage from garbage trucks constituted a charge for the privilege of using the city’s roads, violating SB 286’s prohibition on these charges. In Rogers v. Redlands 112 Cal. App. 5th 667, the California Court of Appeals affirmed the Superior Court of San Bernardino’s decision that agreed with the resident and required Redlands to stop factoring road repair into their waste hauling fees. The California Supreme Court denied the opportunity to review the case. Local agencies want to restore local agencies’ authority to include road repair costs in certain fees, charges, and taxes. Proposed Law Senate Bill 922 states that fees, charges, or surcharges for local agencies to recover costs of street maintenance, repair, and other costs to provide public services do not count as a tax, permit fee, or other charge for the privilege of using its streets or highways. SB 922 explicitly allows local agencies to impose such a fee, charge, or surcharge. The measure also allows local agencies to impose taxes, permit fees, or other charges for the privilege of using its streets or highways, provided they are not based on weight. SB 922 also makes findings and declarations to further its intent. Comments 1. Purpose of the bill. According to the author, “Senate Bill 922 affirms the local agency authority to collect service-related fees from public service operations, such as waste hauling, to recover street maintenance and repair costs. While local agencies have historically integrated these infrastructure costs into utility rates or franchise agreements, a 2025 court interpretation of existing law challenged this practice. SB 922 clarifies the statute to restore regulatory certainty, ensuring local agencies will continue to have funding for the repair of pavement deterioration caused by heavy-duty service vehicles.” 2. Getting it right. SB 922 seeks to address two issues. First, it seeks to restore local agencies’ ability to include road repair costs in their waste hauling fees, which the Rogers decision prohibited. Second, it seeks to limit the prohibition on fees for the privilege of using roads to weight fees so that other charges do not face similar legal challenges to those in Rogers. However, making these two changes could lead some local agencies to seek to impose fees, charges, and taxes for the privilege of using their roads—contrary to what may have been the intent of SB 286—merely by avoiding basing those fees on weight. For example, in 2019, the SB 922 (Laird) 3/11/26 Page 3 of 4 Legislature passed AB 1605 (Ting), which sought to impose a fee to mitigate congestion on and around the 1000 block of Lombard Street in the City and County of San Francisco (known as the “Crooked Street”). However, Governor Newsom vetoed the measure in part because it violated SB 286’s prohibition. If SB 922 becomes law, San Francisco could decide to revisit this fee without legislation so long as the fee is not based on weight. The Committee may wish to consider narrowing the types of fees, charges, and taxes that local agencies can impose for the privilege of using its roads. Support and Opposition (3/13/2026) Support: American Federation of State, County and Municipal Employees, Afl-cio California Police Chiefs Association California Special Districts Association California State Association of Counties (CSAC) California State Council of Service Employees International Union (seiu California) Californians Against Waste City and County of San Francisco City of Beverly Hills City of Capitola City of Fullerton City of Glendale City of Goleta City of Gonzales City of Grover Beach City of Hollister City of Lakewood CA City of Marina City of Moreno Valley City of Oxnard City of Oxnard Public Works City of Port Hueneme City of Rancho Cucamonga City of Redondo Beach City of Salinas City of San Bernardino City of Santa Paula City of Scotts Valley City of Stanton City of Tulare City of Upland League of California Cities Recology Recyclesmart Republic Services Rural County Representatives of California (RCRC) Town of Apple Valley Town of Truckee West Valley Solid Waste Management Authority SB 922 (Laird) 3/11/26 Page 4 of 4 Opposition: California Building Industry Association California Taxpayers Association -- END -- AMENDED IN SENATE MARCH 9, 2026 SENATE BILL No. 959 Introduced by Senator Grayson (Coauthors: Senators Allen, Archuleta, Arreguín, Ashby, Blakespear, Cabaldon, Caballero, Cortese, Gonzalez, McNerney, Menjivar, Reyes, Wahab, and Weber Pierson) (Coauthor: Assembly Member Wicks) (Coauthors: Assembly Members Schultz and Wicks) February 3, 2026 An act to amend Section 46392 of the Education Code, relating to education finance, and declaring the urgency thereof, to take effect immediately. legislative counsel’s digest SB 959, as amended, Grayson. Average daily attendance: emergencies: major safety hazard. For purposes of state apportionments based on average daily attendance, as provided, if the average daily attendance of a school district, county office of education, or charter school has been materially decreased during a fiscal year because of a specified emergency, including, among others, the imminence of a major safety hazard as determined by a local law enforcement agency, existing law requires the Superintendent of Public Instruction to estimate the average daily attendance in a manner that credits to the school district, county office of education, or charter school approximately the total average daily attendance that would have been credited to the school district, county office of education, or charter school had the emergency not occurred. 98 This bill, for the above-described purposes, would additionally allow a local fire agency to make a determination of the imminence of a major safety hazard. This bill would declare that it is to take effect immediately as an urgency statute. Vote: 2⁄3. 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 46392 of the Education Code is amended line 2 to read: line 3 46392. (a)  If the average daily attendance of a school district, line 4 county office of education, or charter school during a fiscal year line 5 has been materially decreased during a fiscal year because of any line 6 of the following, the fact shall be established to the satisfaction of line 7 the Superintendent by affidavits of the members of the governing line 8 board or body of the school district, county office of education, or line 9 charter school and the county superintendent of schools: line 10 (1)  Fire. line 11 (2)  Flood. line 12 (3)  Impassable roads. line 13 (4)  Epidemic. line 14 (5)  Earthquake. line 15 (6)  The imminence of a major safety hazard as determined by line 16 the local law enforcement or fire agency. line 17 (7)  A strike involving transportation services to pupils provided line 18 by a nonschool entity. line 19 (8)  An order provided for in Section 41422. line 20 (9)  Snowstorm. line 21 (b)  (1)  In the event a state of emergency is declared by the line 22 Governor in a county, a decrease in average daily attendance in line 23 the county below the approximate total average daily attendance line 24 that would have been credited to a school district, county office line 25 of education, or charter school had the state of emergency not line 26 occurred shall be deemed material. The Superintendent shall line 27 determine the length of the period during which average daily line 28 attendance has been reduced by the state of emergency. line 29 (2)  The period determined by the Superintendent shall not extend line 30 into the next fiscal year following the declaration of the state of 98 — 2 — SB 959 line 1 emergency by the Governor, except upon a showing by a school line 2 district, county office of education, or charter school, to the line 3 satisfaction of the Superintendent, that extending the period into line 4 the next fiscal year is essential to alleviate continued reductions line 5 in average daily attendance attributable to the state of emergency. line 6 (3)  Notwithstanding any other law, the Superintendent shall line 7 extend through the 2018–19 fiscal year the period during which it line 8 is essential to alleviate continued reductions in average daily line 9 attendance attributable to a state of emergency declared by the line 10 Governor in October 2017, for a school district where no less than line 11 5 percent of the residences within the school district or school line 12 district facilities were destroyed by the qualifying emergency. line 13 (c)  (1)  The average daily attendance of the school district, line 14 county office of education, or charter school for the fiscal year line 15 shall be estimated by the Superintendent in a manner that credits line 16 to the school district, county office of education, or charter school line 17 for determining the apportionments to be made to the school line 18 district, county office of education, or charter school from the State line 19 School Fund approximately the total average daily attendance that line 20 would have been credited to the school district, county office of line 21 education, or charter school had the emergency not occurred or line 22 had the order not been issued. line 23 (2)  (A)  From September 1, 2021, to June 30, 2022, inclusive, line 24 with the exception of a material loss of attendance for pupils who line 25 are individuals with exceptional needs, as that term is defined in line 26 Section 56026, whose individualized education program developed line 27 pursuant to Article 3 (commencing with Section 56340) of Chapter line 28 4 of Part 30 does not specifically provide for participation in line 29 independent study or pupils who are enrolled in community day line 30 schools pursuant to Article 3 (commencing with Section 48660) line 31 of Chapter 4 of Part 27, a school district, county office of line 32 education, or charter school shall not receive average daily line 33 attendance credit pursuant to this section for pupils that have been line 34 quarantined and are unable to attend in-person instruction due to line 35 exposure to, or infection with, COVID-19 pursuant to local or state line 36 public health guidance. line 37 (B)  Notwithstanding subparagraph (A), from September 1, 2021, line 38 to June 30, 2022, inclusive, a school district, county office of line 39 education, or charter school may receive average daily attendance line 40 credit pursuant to this section for school closures related to impacts 98 SB 959 — 3 — line 1 from COVID-19 or material loss of attendance due to COVID-19 line 2 related staffing shortages if the following conditions are established line 3 to the satisfaction of the Superintendent by affidavits of the line 4 members of the governing board or body of the school district, line 5 county office of education, or charter school and the county line 6 superintendent of schools: line 7 (i)  The school district, county office of education, or charter line 8 school is unable to provide in person instruction to pupils due to line 9 staffing shortages as a result of staff quarantine due to exposure line 10 to, or infection with, COVID-19 pursuant to local or state public line 11 health guidance. line 12 (ii)  For certificated staff shortages, the school district, county line 13 office of education, or charter school has exhausted all options for line 14 obtaining staff coverage, including using all certificated staff and line 15 substitute teacher options, and has consulted with their county line 16 office of education and the Superintendent in determining that line 17 staffing needs cannot be met through any option. line 18 (iii)  For classified staff shortages, the school district, county line 19 office of education, or charter school has exhausted all options for line 20 obtaining staff coverage, including using all staff options, and has line 21 consulted with their county office of education and the line 22 Superintendent in determining that staffing needs cannot be met line 23 through any option. line 24 (d)  Notwithstanding any other law, for a school district or charter line 25 school physically located within a school district, where no less line 26 than 5 percent of the residences within the school district, or the line 27 school district’s facilities, were destroyed as a result of a state of line 28 emergency that was declared by the Governor in November 2018, line 29 all of the following shall apply: line 30 (1)  (A)  In the 2020–21 fiscal year, for school districts, the line 31 Superintendent shall calculate the difference between the school line 32 district’s certified second principal apportionment local control line 33 funding formula entitlement pursuant to Section 42238.02 in the line 34 2020–21 fiscal year and the 2019–20 fiscal year and, if there is a line 35 difference, allocate the amount of that difference to the school line 36 district. line 37 (B)  In the 2021–22 fiscal year, for school districts, the line 38 Superintendent shall allocate an amount equal to 25 percent of the line 39 difference calculated in subparagraph (A) to the school district. 98 — 4 — SB 959 line 1 (C)  In the 2022–23 fiscal year, for school districts, the line 2 Superintendent shall allocate an amount equal to 12.5 percent of line 3 the difference calculated in subparagraph (A) to the school district. line 4 (2)  (A)  In the 2019–20 and 2020–21 fiscal years, for charter line 5 schools, the Superintendent shall calculate the difference between line 6 the charter school’s certified second principal apportionment local line 7 control funding formula entitlement pursuant to 42238.02 in the line 8 current year and each respective prior year and, if there is a line 9 difference, allocate the amount of that difference to the charter line 10 school. line 11 (B)  In the 2021–22 fiscal year, for charter schools that operate line 12 a minimum of 175 school days and report at least 75 percent of line 13 the total second period average daily attendance for the 2019–20 line 14 fiscal year, as described in Section 41601, the Superintendent shall line 15 allocate 25 percent of the difference calculated in subparagraph line 16 (A) to the charter school. line 17 (3)  For a county office of education funded pursuant to line 18 paragraph (1) of subdivision (g) of Section 2575 that has within line 19 the boundaries of the county school districts or charter schools line 20 affected pursuant to this subdivision and that has in the schools line 21 operated by the county office of education at least a 10-percent line 22 decrease in average daily attendance in the current fiscal year, in line 23 the 2019–20 and 2020–21 fiscal years, the Superintendent shall line 24 calculate the difference between the county office of education’s line 25 alternative education grant entitlement certified at the annual line 26 principal apportionment pursuant to Section 2574 in the current line 27 fiscal year and each respective prior fiscal year and, if there is a line 28 difference, allocate the amount of that difference to the county line 29 office of education. line 30 (4)  A school district may transfer funds received pursuant to line 31 paragraph (1) to the county office of education for the portion of line 32 the funds that represents pupils served by the county office of line 33 education who are funded through the school district’s local control line 34 funding formula apportionment pursuant to Section 2576. line 35 (5)  In each fiscal year, the allocations made pursuant to this line 36 subdivision shall be made to school districts and charter schools line 37 by the Superintendent as soon as practicable after the second line 38 principal apportionment and to county offices of education as soon line 39 as practicable after the annual principal apportionment. The line 40 allocations made shall be final. The Superintendent may provide 98 SB 959 — 5 — line 1 a preliminary allocation of up to 50 percent no sooner than the line 2 first principal apportionment. line 3 (6)  (A)  The amounts described in this subdivision shall be line 4 continuously appropriated from the General Fund to the line 5 Superintendent for these purposes. line 6 (B)  For purposes of making the computations required by line 7 Section 8 of Article XVI of the California Constitution, the line 8 appropriation made by this subdivision shall be deemed to be line 9 “General Fund revenues appropriated for school districts,” as line 10 defined in subdivision (c) of Section 41202, for the fiscal year in line 11 which they are appropriated, and included within the “total line 12 allocations to school districts and community college districts from line 13 General Fund proceeds of taxes appropriated pursuant to Article line 14 XIII B,” as defined in subdivision (e) of Section 41202. line 15 (e)  Notwithstanding any other law, for a school district or charter line 16 school physically located within a school district, where no less line 17 than 5 percent of the residences within the school district, or the line 18 school district’s facilities, were destroyed as a result of a state of line 19 emergency that was declared by the Governor in September 2020, line 20 all of the following shall apply: line 21 (1)  For the 2021–22 fiscal year, for school districts, the line 22 Superintendent shall calculate the difference between the school line 23 district’s certified annual principal apportionment local control line 24 funding formula revenues pursuant to Section 42238.02 in the line 25 2021–22 fiscal year and the 2019–20 fiscal year, including local line 26 revenue, pursuant to subdivision (j) of Section 42238.02, and any line 27 additional funds received pursuant to subdivision (e) of Section line 28 42238.03 in excess of the entitlement calculated pursuant to Section line 29 42238.02 and 42238.03 and, if there is a difference, allocate the line 30 amount of that difference to the school district. line 31 (2)  For the 2021–22 fiscal year, for charter schools that operate line 32 a minimum of 175 school days and report at least 75 percent of line 33 the total second period average daily attendance for the 2019–20 line 34 fiscal year, as described in Section 41601, the Superintendent shall line 35 calculate the difference between the charter school’s certified line 36 second principal apportionment local control funding formula line 37 revenues pursuant to Section 42238.02 in the 2021–22 fiscal year line 38 and the 2019–20 fiscal year, and, if there is a difference, allocate line 39 the amount of that difference to the charter school. 98 — 6 — SB 959 line 1 (3)  School districts and charter schools shall notify the line 2 Superintendent of their eligibility pursuant to this subdivision by line 3 November 1, 2021, in the manner prescribed by the Superintendent. line 4 (4)  Preliminary allocations made pursuant to paragraph (1) shall line 5 be made to school districts by the Superintendent through the line 6 principal apportionment beginning with the 2021–22 fiscal year line 7 first principal apportionment certification and shall be made final line 8 as of the annual principal apportionment. line 9 (5)  Allocations made pursuant to paragraph (2) shall be made line 10 to charter schools by the Superintendent as soon as practicable line 11 after the second principal apportionment and shall be made final line 12 as of the annual principal apportionment. The Superintendent may line 13 provide a preliminary allocation of up to 50 percent no sooner than line 14 the first principal apportionment. line 15 (f)  Notwithstanding any other law, for a school district where line 16 a school eligible for funding pursuant to Article 4 (commencing line 17 with Section 42280) of Chapter 7 of Part 24 of Division 3 was line 18 destroyed as a result of a state of emergency that was declared by line 19 the Governor in August 2021, the following shall apply: line 20 (1)  The school district may continue to report the amount of line 21 attendance generated by pupils enrolled in another school of the line 22 school district that would have otherwise attended the destroyed line 23 school, and the number of full-time teachers employed by the line 24 school district that would have otherwise provided instructional line 25 services at the school, as if the school were operational in the line 26 2021–22, 2022–23, and 2023–24 fiscal years. line 27 (2)  The school shall be considered a necessary small school for line 28 the purpose of Section 42282 in the 2022–23 and 2023–24 fiscal line 29 years. line 30 (g)  (1)  Notwithstanding any other law, paragraphs (2) and (3) line 31 shall apply for the following charter schools identified in line 32 subparagraph (A), (B), or (C) that were damaged, destroyed, or line 33 directly impacted, as a result of a state of emergency that was line 34 declared by the Governor in January 2025: line 35 (A)  Marquez Charter, Palisades Charter Elementary, and line 36 Palisades Charter High within the Los Angeles Unified School line 37 District. line 38 (B)  Aveson Global Leadership Academy, Aveson School of line 39 Leaders, Odyssey Charter, OCS - South, and Pasadena Rosebud line 40 Academy in the Pasadena Unified School District. 98 SB 959 — 7 — line 1 (C)  Alma Fuerte Public in the City of Pasadena. line 2 (2)  For the 2025–26 fiscal year, for charter schools identified line 3 in paragraph (1) that operate a minimum of 175 school days, as line 4 described in Section 41601, the Superintendent shall calculate the line 5 difference between the charter school’s certified local control line 6 funding formula entitlement pursuant to Section 42238.02 as of line 7 the annual principal apportionment in the 2025–26 fiscal year and line 8 the first principal apportionment in the 2024–25 fiscal year, and, line 9 if there is a difference, allocate the amount of that difference to line 10 the charter school. line 11 (3)  Allocations made pursuant to paragraph (2) shall be made line 12 final as of the annual principal apportionment. The Superintendent line 13 may provide a preliminary allocation no sooner than the first line 14 principal apportionment. line 15 (h)  This section applies to any average daily attendance that line 16 occurs during any part of a school year. line 17 SEC. 2. This act is an urgency statute necessary for the line 18 immediate preservation of the public peace, health, or safety within line 19 the meaning of Article IV of the California Constitution and shall line 20 go into immediate effect. The facts constituting the necessity are: line 21 Due to the eminent danger of wildfires throughout the state and line 22 the need to address the safety of pupils on campuses in high line 23 wildfire danger areas, it is necessary for this act to take effect line 24 immediately. O 98 — 8 — SB 959 SENATE BILL No. 1313 Introduced by Senator McNerney February 20, 2026 An act to add Chapter 4.9 (commencing with Section 116774.5) to Part 12 of Division 104 of the Health and Safety Code, relating to water. legislative counsel’s digest SB 1313, as introduced, McNerney. Public water systems: grants and loans: perfluoroalkyl and polyfluoroalkyl substances. The California Safe Drinking Water Act provides for the operation of public water systems and imposes on the State Water Resources Control Board various duties and responsibilities for the regulation and control of drinking water in the state. Existing law authorizes the state board, upon the appropriation of funds by the Legislature, to provide grants and direct expenditures to public water systems that serve small or disadvantaged communities to address emerging contaminants in those communities, consistent with federal grant terms, as provided. This bill would authorize the state board to fund projects, upon the appropriation of funds by the Legislature, through grants or loans to public water systems to address perfluoroalkyl and polyfluoroalkyl substances in drinking water or source water. The bill would prescribe sources from which those funds may originate and permissible activities for those projects. The bill would authorize the state board to implement the bill through a policy handbook or workplan exempt from the rulemaking provisions of the Administrative Procedure Act. Vote: majority. Appropriation: no. Fiscal committee: yes.​ State-mandated local program: no.​ 99 The people of the State of California do enact as follows: line 1 SECTION 1. (a)  The Legislature finds and declares all of the line 2 following: line 3 (1)  Every Californian should enjoy the same degree of protection line 4 from environmental and health hazards. No single group of people line 5 should bear a disproportionate share of the negative environmental line 6 consequences and adverse health impacts arising from industrial, line 7 governmental, or commercial operations or policies. line 8 (2)  State law declares that it is the established policy of the state line 9 that every human being has the right to safe, clean, affordable, and line 10 accessible water adequate for human consumption, cooking, and line 11 sanitary purposes. line 12 (3)  Perfluoroalkyl and polyfluoroalkyl substances (PFAS) line 13 continue to be used in a broad range of industrial processes and in line 14 manufacturing products because of their water- and stain-resistant, line 15 nonstick, surfactant, and other properties, including for making line 16 packaging, plastic food ware, cleaning products, ski waxes, line 17 menstrual products, metal products, propellants, coatings and line 18 paints, and much more, despite the growing body of evidence that line 19 these chemicals may leach into food, water supplies, and even the line 20 human body through exposures. line 21 (4)  Concentrated PFAS contamination in the environment line 22 creates cumulative health burdens resulting in communities with line 23 greater health risks, such as cancer, reproductive health and fertility line 24 effects, and immune system disorders. line 25 (5)  PFAS makes its way into community water supplies and line 26 wastewater. Water suppliers and wastewater treatment operators line 27 are not responsible for the introduction of PFAS into the line 28 environment, yet these local agencies are responsible for treating line 29 our water and wastewater. line 30 (6)  Enhancing the long-term sustainability of drinking water line 31 systems and wastewater systems for all communities increases our line 32 communities’ resilience and environmental safety. line 33 (7)  Funding for the infrastructure to treat PFAS in water line 34 supplies, including recycled water, and wastewater systems line 35 promotes investments for communities, including, but not limited line 36 to, small or disadvantaged communities, and important line 37 contributions to help those communities create a cleaner line 38 environment. 99 — 2 — SB 1313 line 1 (b)  It is the intent of the Legislature that true environmental line 2 justice be brought to our state by addressing PFAS contamination, line 3 including the continuing disproportionate environmental burdens line 4 in the state and on passive receivers by ensuring that existing line 5 funding programs specifically recognize the need for the treatment line 6 of PFAS in water, wastewater, and recycled water. line 7 (c)  It is further the intent of the Legislature that the policies of line 8 the state strive to ensure all regions of the state receive an equitable line 9 level of consideration for funding, to the extent practicable. line 10 SEC. 2. Chapter 4.9 (commencing with Section 116774.5) is line 11 added to Part 12 of Division 104 of the Health and Safety Code, line 12 to read: line 13 line 14 Chapter 4.9. Drinking Water and Source Water line 15 Contaminant Funding for Public Water Systems line 16 line 17 116774.5. For purposes of this chapter, the following line 18 definitions apply: line 19 (a)  “Board” means the State Water Resources Control Board. line 20 (b)  “Community water system” means a public water system line 21 that serves at least 15 service connections used by year-long line 22 residents or regularly serves at least 25 year-long residents of the line 23 area served by the system. line 24 (c)  “Disadvantaged community” means a community with an line 25 annual median household income that is less than 80 percent of line 26 the statewide annual median household income, including a line 27 community water system solely serving a school. line 28 (d)  “Federal act” means the federal Safe Drinking Water Act line 29 (42 U.S.C. Sec. 300f et seq.) and acts amendatory thereof or line 30 supplemental thereto. line 31 (e)  “Noncommunity water system” means a public water system line 32 that is not a community water system. line 33 (f)  “PFAS” means perfluoroalkyl and polyfluoroalkyl line 34 substances. line 35 (g)  “Public water system” means privately and publicly owned line 36 community water systems and nonprofit noncommunity water line 37 systems, including systems utilizing point of entry or residential line 38 central treatment. line 39 (h)  “Small community” means a community with a population line 40 of less than 10,000 individuals that the board determines does not 99 SB 1313 — 3 — line 1 have the capacity to incur debt sufficient to finance a project or line 2 activity otherwise eligible under this chapter. line 3 116774.6. (a)  To the extent permitted by federal law, the board line 4 may fund projects under this chapter, upon the appropriation of line 5 funds by the Legislature for this purpose, through grants or loans line 6 to address PFAS in drinking water or source water. Funds may line 7 originate from any of the following: line 8 (1)  The Safe Drinking Water State Revolving Fund created by line 9 Section 116760.30. line 10 (2)  The federal Clean Water State Revolving Fund. line 11 (3)  The federal Emerging Contaminants in Small or line 12 Disadvantaged Communities grant program authorized by Section line 13 300j-19a of Title 42 of the United States Code (Section 1459A of line 14 the federal act). line 15 (b)  Funding may be administered as grants or loans under line 16 subdivision (a) to public water systems, including, but not limited, line 17 public water systems serving small or disadvantaged communities. line 18 (c)  Moneys appropriated for purposes of this chapter may be line 19 used for activities consistent with federal law, including all of the line 20 following: line 21 (1)  Activities relating to source water, including, but not limited line 22 to, research and investigation to identify the presence, source, or line 23 extent of PFAS in a water system, source exploration, and new line 24 source development. line 25 (2)  Planning and design. line 26 (3)  Providing households access to drinking water services. line 27 (4)  Public communication, engagement, and education. line 28 (5)  Technical assistance. line 29 (6)  Testing or sampling for baseline assessment. line 30 (7)  Treatment. line 31 (d)  This chapter does not expand any obligation of the state to line 32 provide resources for the provisions of this chapter. line 33 (e)  The board may implement this chapter through a policy line 34 handbook or workplan. The policy handbook or workplan is not line 35 subject to the requirements of Chapter 3.5 (commencing with line 36 Section 11340) of Part 1 of Division 3 of Title 2 of the Government line 37 Code. O 99 — 4 — SB 1313 Tri-Valley Cities DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON March 9, 2026 The Honorable José Luis Solache, Jr. California State Assembly 1021 O Street, Suite 5110 Sacramento, CA 95814 RE: AB 1708 (Solache) – Homeless, Housing Assistance, and Prevention Program (HHAP) Pathway for Cities Tri Valley Cities Coalition – Notice of Support Dear Assemblymember Solache, On behalf of the Tri-Valley Cities Coalition—representing the Cities of Dublin, Livermore, Pleasanton, San Ramon, and the Town of Danville—we write to express our strong support for AB 1708, which would establish a clear and equitable pathway for cities under 300,000 in population to access existing Homeless, Housing Assistance, and Prevention (HHAP) funding while reinforcing accountability and alignment with the state’s homelessness goals. Since 2019, HHAP has provided critical and flexible funding to large cities, counties, and Continuums of Care (CoCs). However, under current law, only 14 cities statewide receive HHAP funds directly, and there is no statutory requirement that smaller cities receive equitable allocations as subrecipients. As a result, many communities that are actively investing local resources to address homelessness lack a reliable pathway to access state funding. AB 1708 addresses this structural gap by requiring CoCs to open a 30-day application window exclusively for cities under 300,000 before allocating funds to other subrecipients. To be eligible, cities must demonstrate alignment with regional action plans, maintain a compliant housing element, and adopt encampment policies consistent with state guidance. This approach appropriately balances access with accountability and ensures that state funding supports jurisdictions that are committed to measurable progress and coordinated regional solutions. The Tri-Valley communities have made significant local investments in homelessness prevention, outreach, interim housing, permanent supportive housing, and regional coordination. Yet, despite these efforts, access to HHAP funds has been inconsistent and dependent on regional discretion. AB 1708 would provide a structured and transparent opportunity for our cities to compete for funding to supplement and scale the work already underway. Local governments are often best positioned to identify programs and projects that will have the most immediate and meaningful impact in their communities. By creating a fair application pathway while preserving regional coordination and oversight, AB 1708 strengthens California’s collective response to homelessness and ensures that cities of all sizes have the tools necessary to contribute to statewide progress. ATTACHEMENT B Tri-Valley Cities DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON For these reasons, the Tri-Valley Cities Coalition respectfully supports AB 1708 and thanks you for your leadership on this important issue. Sincerely, ______________________ ____________________ City of Pleasanton City of San Ramon Mayor Jack Balch Mayor Mark Armstrong Tri-Valley Cities Coalition Cc: Assembly Member Rebecca Bauer Kahan Assembly Member Liz Ortega Senator Jerry McNerney Senator Tim Grayson __________________ ____________________ ____________________ Town of Danville City of Dublin City of Livermore Mayor Newell Arnerich Mayor Sherry Hu Mayor John Marchand Tri-Valley Cities DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON March 9, 2026 The Honorable John Laird California State Senate 1021 O Street, Suite 8720 Sacramento, CA 95814 RE: SB 922 (Laird) – Vehicles: Local Agency Charges: Use of Streets or Highways Tri Valley Cities Coalition – Notice of Support Dear Senator Laird, On behalf of the Tri-Valley Cities Coalition—representing the Cities of Dublin, Livermore, Pleasanton, San Ramon, and the Town of Danville—we write to express our strong support for SB 922. This legislation provides necessary and timely clarification of state law to preserve long-standing local authority to recover the costs of maintaining and repairing public streets and infrastructure used to deliver essential public services. SB 922 responds directly to uncertainty created by the recent decision in Rogers v. City of Redlands, which interpreted California Vehicle Code in a manner that extends far beyond the original purpose of that statute. The statute was enacted in conjunction with state-imposed vehicle weight fees and was intended to prevent duplicative, weight-based charges at the local level. SB 922 appropriately restores this understanding by expressly limiting the prohibition to charges based on vehicle weight. Equally important, SB 922 affirms that cost-recovery fees imposed by or for local agencies to address street maintenance, repair, and other infrastructure impacts associated with the provision of public services or public works are not prohibited charges for the privilege of using streets or highways. Cities have long relied on this authority to ensure that the costs generated by vehicle- intensive services are borne by those services rather than shifted to residents or the General Fund. This clarification is particularly important for franchise-based services such as solid waste and recycling collection, utilities, and other regulated services that depend on consistent use of public rights-of-way. These operations place significant demands on local street infrastructure and require ongoing oversight and maintenance. Cost-recovery mechanisms tied to these services are a core component of responsible municipal fiscal management and are essential to maintaining safe and reliable infrastructure. By explicitly rejecting the interpretation adopted in Rogers v. City of Redlands, SB 922 restores predictability and stability for local agencies statewide. At a time when cities are facing rising infrastructure costs, aging roadways, and constrained revenue options, maintaining clear authority to recover service-related costs is critical. The Tri-Valley Cities Coalition appreciates your leadership in advancing SB 922 and respectfully urges the Legislature to approve this measure. We look forward to continuing to work with you to ATTACHMENT C Tri-Valley Cities DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON protect local control and ensure cities retain the tools necessary to serve their communities effectively. Sincerely, ______________________ ____________________ City of Pleasanton City of San Ramon Mayor Jack Balch Mayor Mark Armstrong Tri-Valley Cities Coalition Cc: Assembly Member Rebecca Bauer Kahan Assembly Member Liz Ortega Senator Jerry McNerney Senator Tim Grayson __________________ ____________________ ____________________ Town of Danville City of Dublin City of Livermore Mayor Newell Arnerich Mayor Sherry Hu Mayor John Marchand