(C) The extension of the new construction exclusion to the initial purchaser of a newly constructed new building shall remain in effect only until there is a subsequent change in ownership of the new building. (2) The State Board of Equalization, in consultation with the California Assessors’ Association, shall prescribe the manner, documentation, and form for claiming the new construction exclusion required by this subdivision. (f) Notwithstanding any other law, the exclusion from new construction provided by this section shall remain in effect only until there is a subsequent change in ownership. (g) This (1) For all active solar energy systems, this section applies to property tax lien dates for the 1999–2000 fiscal year to the 2025–26 fiscal year, inclusive.
(2) For customer-sited, active solar energy systems with a system size of less than or equal to two megawatts and for customer-sited, active solar energy systems that are sited on the property of a public entity customer, this section shall continue to apply to property tax lien dates occurring on or after January 1, 2027, and before January 1, 2031.
(h) (1) The amendments made to this section by the act that added this subdivision Chapter 358 of the Statutes of 2008 apply beginning with the lien date for the 2008–09 fiscal year. (2) The amendments made to this section by the act that added this paragraph apply beginning with the lien date occurring on January 1, 2027.
(i) (1) Except as provided in paragraph (2), this section shall remain in effect only until January 1, 2027. 2032. (2) Notwithstanding paragraph (1), active energy solar systems that qualify for an exclusion under this section prior to January 1, 2027, 2032, shall continue to be excluded on and after January 1, 2027, 2032, until there is a subsequent change in ownership.
(j) Section 41 shall not apply to the extension of the exclusion under this section made by the act adding this subdivision. the exclusion provided by this section, including any extensions of the exclusion.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 3. Notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act.
SEC. 4. This act provides for a tax levy within the meaning of Article IV of the California Constitution and shall go into immediate effect.
3/31/26, 9:21 AM Bill Text - AB-2389 Property taxation: active solar energy systems: customer sited: extension. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260AB2389 4/4
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Date Published: 03/23/2026 02:30 PM
SENATE BILL NO. 868
SB-868 Electricity: portable solar generation devices. (2025-2026)
AMENDED IN SENATE MARCH 23, 2026
AMENDED IN SENATE MARCH 05, 2026
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Introduced by Senator Wiener
(Principal coauthor: Assembly Member Schultz)
(Coauthor: Senator Becker)(Coauthors: Senators Arreguín, Becker, and McNerney) (Coauthors: Assembly Members Connolly and Ward)
January 05, 2026
An act to add Chapter 13 (commencing with Section 8530) to Division 4.1 of the Public Utilities Code, relating to electricity.
LEGISLATIVE COUNSEL'S DIGEST
SB 868, as amended, Wiener. Electricity: portable solar generation devices.
Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations, while local publicly owned electric utilities are under the direction of their governing boards.
This bill would exempt a portable solar generation device, as defined, from all interconnection requirements imposed by state law, the commission, electrical corporation rules, or local publicly owned electric utility rules, as specified. The bill would prohibit an electrical corporation or a local publicly owned electric utility from requiring a customer using a portable solar generation device to take specified actions, including, among other things, paying any fee or charge related to the device or the electricity the device feeds into a building’s electrical system.
The bill would authorize an electrical corporation or a local publicly owned electric utility to require a customer using a portable solar generation device to notify the electrical corporation or local publicly owned electric utility, using a simple online registration form, of the address and size of the portable solar generation device, as provided.
Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime.
Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites 3/31/26, 8:52 AM Bill Text - SB-868 Electricity: portable solar generation devices. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB868 1/3
Because a violation of a commission action implementing the bill’s requirements would be a crime, the bill would impose a state-mandated local program.
Additionally, by imposing new duties on local publicly owned electric utilities, 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 specified reasons.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares all of the following:
(1) Electricity is an essential resource, especially on hot summer days. (2) The rising cost of electricity is a barrier to basic necessities, such as air conditioning. (3) Interconnection fees and processes can add substantial costs and time to the adoption of customer-sited solar and energy storage projects.
(4) It is the policy of the state to promote and encourage the use of solar energy systems and to limit obstacles to their use.
(b) It is the intent of the Legislature to encourage the installation of solar energy systems by removing obstacles to, and minimizing the costs of, those systems.
SEC. 2. Chapter 13 (commencing with Section 8530) is added to Division 4.1 of the Public Utilities Code, to read:
CHAPTER 13. Portable Solar Generation Devices
8530. For purposes of this chapter, all of the following definitions apply:
(a) “Electrical corporation” has the same meaning as defined in Section 218. (b) “Local publicly owned electric utility” has the same meaning as defined in Section 224.3. (c) “Portable solar generation device” means a moveable photovoltaic energy generation device that meets all of the following conditions:
(1) Has a maximum aggregated AC output of 1,200 watts to a building’s electrical system. per dwelling. (2) Is designed to be connected to a building’s electrical system through a single standard electrical outlet. (3) Is intended to offset the customer’s onsite electricity consumption. (4) Meets the standards of the most recent version of the National Electrical Code. (4)
(5) Is certified as a plug-in photovoltaic system by Underwriters Laboratories or an equivalent nationally recognized testing laboratory.
(5)
(6) Includes a feature, certified by Underwriters Laboratories or an equivalent nationally recognized testing laboratory, that isolates the portable solar generation device from the building’s electrical system to prevent the portable solar generation device from backfeeding electricity to the electrical grid during a power outage. 8531. (a) A portable solar generation device is exempt from all interconnection requirements imposed by state law, the commission, electrical corporation rules, or local publicly owned electric utility rules, including, but not limited to, any requirement to enter into an interconnection agreement. 3/31/26, 8:52 AM Bill Text - SB-868 Electricity: portable solar generation devices. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB868 2/3
(b) An electrical corporation or a local publicly owned electric utility shall not require a customer using a portable solar generation device to do any of the following:
(1) Obtain the electrical corporation’s or local publicly owned electric utility’s approval before installing or using the portable solar generation device.
(2)Provide notification or registration for the use of a portable solar generation device. (3)
(2) Pay any fee or charge related to the portable solar generation device or the electricity the portable solar generation device feeds into a building’s electrical system. (4)
(3) Install any additional controls or equipment beyond what is integrated into the portable solar generation device.
(c) An electrical corporation or a local publicly owned electric utility may require a customer using a portable solar generation device to notify the electrical corporation or local publicly owned electric utility, using a simple online registration form, of the address and size of the portable solar generation device. The notification shall not require approval of the customer’s use of the portable solar generation device by the electrical corporation or local publicly owned electric utility.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
3/31/26, 8:52 AM Bill Text - SB-868 Electricity: portable solar generation devices. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB868 3/3
SB 868 (Wiener) Plug Into The Sun Coalition Sign on Letter Click here to sign on
March 10, 2026
Senator Scott Wiener
California State Senate
Sacramento, CA 95814
RE: Support for SB 868 (Wiener) – The Plug Into The Sun Act
Dear Senator Wiener,
As a coalition of leading environmental, consumer, low-income, tenants’ rights, and clean energy organizations, we write to express our collective support for SB 868, the Plug Into The Sun Act.
We thank you for your outstanding leadership in addressing the dual problems of energy insecurity and air pollution by clearing the way for the growth of a new consumer-oriented solution: Balcony Solar.
Californians need greater access to affordable and reliable electricity. This is a matter of public health, especially as temperatures rise. Meanwhile, the state’s continued reliance on fossil fuels for electricity, heating and transportation perpetuates air quality problems which, in turn, drive more extreme temperatures. These dual problems are inextricably linked and require California’s immediate attention.
Fortunately, California is not without solutions to help our state move forward. One of the most effective solutions is also the most obvious and the most politically popular: reduce red tape and expand access to the sun through “Balcony Solar”.
This new technology, aka “plug-in solar,” involves small, portable solar panels that require nothing more than a patch of sunlight and a standard electrical outlet to immediately provide power for a home. Because the devices are small, affordable and portable they are especially promising for California renters, giving them increased access to the sun.
Through SB 868, California can bring immediate utility bill relief to millions of households while contributing to the state’s clean energy goals.
Energy Insecurity
As electricity bills soar, more and more California households face energy insecurity. In 2025, the California Public Policy Institute (PPIC) reported that 1.9 million California households had overdue electricity bills, and 50,000 had their service disconnected.1 1 From PPIC blog, “Low-Income Households Struggle with the Cost of Electricity Bills”, August 2025. https://www.ppic.org/blog/low-income-households-struggle-with-the-cost-of-electricity-bills/#:~:text=California%20household%20elec tricity%20costs%20have,costs%20that%20exceed%20this%20threshold.
Statistics about families falling behind in their monthly bill payments tell only part of the story. According to the Lawrence Berkeley National Labs (LBNL), the Energy Information Administration reports that millions of families facing energy insecurity resort to coping strategies such as keeping homes at uncomfortable and potentially dangerous temperatures or choosing between adequate heating or cooling and purchasing food. Researchers refer to this as the “heat or eat” dilemma.2
While California has a number of critical safety net strategies to help low-income households keep the lights on, there is a limit to these programs’ effectiveness as electricity costs and temperatures rise.3 As the PPIC reports, most households receiving some form of assistance see their utility bills reduced by 45% or less. Tellingly, households receiving some form of assistance make up a substantial proportion of utility service disconnects.4
Furthermore, families earning an annual income above the cutoff for utility bill assistance still suffer when energy becomes unaffordable, as does the overall California economy as families spend a higher percentage of their income on utility bills instead of saving or making other investments.
The Dirty Energy-Increased Costs Feedback Loop
While California has made significant progress promoting clean energy, the state is falling behind its 100% clean energy goals. Meanwhile, climate researchers continue to sound the alarm that the world must accelerate carbon reductions in order to stave off the worst impacts of climate change.
Yet, as temperatures rise, Californians will consume more energy, making zero carbon goals even harder to reach. And, as utility rates rise, the ability for working- and middle-class Californians to embrace decarbonization strategies such as switching to electric cars or electric appliances in the home is jeopardized.
These negative dynamics work together in unfortunate harmony, making solving a variety of problems more and more difficult. Multi-dimensional solutions that can solve energy insecurity and climate change are urgently needed.
Customer-Sited Solar Energy: A Win-Win Solution
Putting the power of the sun in the hands of everyone helps address all of the problems discussed above. When consumers can plug into the sun themselves, reducing their purchases of utility-supplied electricity, they can see immediate and significant utility bill reductions while contributing to the state’s clean energy goals.
According to LBNL, customer-sited solar panels significantly reduce energy insecurity.
Their research shows that solar households are “44% less likely to report being unable to 4 Ibid, PPIC.
3 Social security net programs include CARE and FERA rate discounts, one-time bill payment assistance by the utilities, LIHEAP grants, and community-based organization support.
2 See Lawrence Berkeley National Labs, “The effect of residential solar on energy insecurity among low- to moderate-income households,” March 2025, https://emp.lbl.gov/publications/effect-residential-solar-energy
pay their electricity bills, 46% less likely to receive a disconnection notice from their electricity provider, 15% less likely to reduce their energy consumption to save money on energy costs, 34% less likely to forgo necessary expenses to pay an energy bill, and 20% less likely to keep the home at an uncomfortable temperature.”5
Meanwhile, customer-sited solar systems add together to make a sizable contribution to California’s clean energy goals and climate change solutions. To date, California consumers have collectively built 20 gigawatts of customer-sited solar, making up over 40% of the state’s total solar energy resources. Expanding the state’s market to include Balcony Solar can expand upon the state’s critically important rooftop solar market. In Germany, for example, consumers have added at least 4 gigawatts of solar energy in just four years through their emergent Balcony Solar market. California’s potential for Balcony Solar is even greater.
SB 868 Is Urgently Needed
While portable solar energy devices are a no-brainer solution to many problems, unnecessary utility red tape threatens prohibitive costs and delays. A single, 400-watt Balcony Solar panel can, at its peak energy production, provide enough electricity to power a standard refrigerator, a home computer and a few lights. Two or more panels strung together can provide enough electricity to power a window-unit air conditioner. Throughout the year, a Balcony Solar system could cut a household utility bill by up to 20%-25% while costing between $500-$3,000 depending on size and the addition of a battery. As the market grows and red tape is reduced, costs will inevitably decline.
Yet, California utilities are already threatening to require, for even the smallest portable solar devices, interconnection agreements designed for larger, hard‑wired systems. Utility interconnection will make Balcony Solar more expensive and time-consuming and put it out of reach for many California consumers before the technology reaches the market.
Meanwhile, California’s emergent Balcony Solar industry will also benefit modern safety standards.
Specifically, SB 868 will:
● Define a portable solar energy device as a device that meets a consumer’s on-site electricity needs;
● Establish mandatory safety standards for a portable solar energy device; ● Prohibit unnecessary utility red tape;
● Drive economies of scale for portable solar energy devices to help lower costs for all consumers.
Conclusion
Growing consumer access to solar energy via modernizing and reducing red tape for Balcony Solar will lower energy bills, especially for renters, diversify energy resources, reduce strain on the electric grid, and help cut air pollution. For these and many other reasons, we enthusiastically support SB 868.
5 Ibid, LBNL
Thank you, again, for your leadership.
Signed Sign On Here,
Bernadette Del Chiaro
Senior Vice President-California
Environmental Working Group
Laura Deehan
State Director
Environment California
Caroline Torosis
Mayor, City of Santa Monica
Dave Rosenfeld
Executive Director
Solar Rights Alliance
Jenn Engstrom
State Director, CALPIRG
Brad Heavner
Executive Director, CALSSA
Ellie Cohen
Chief Executive Officer
The Climate Center
Roger Lin
Senior Attorney
Center for Biological Diversity
Laura Niesh
Executive Director
350 Bay Area Action
Ben Stapleton
Executive Director
USGBC California
Jessica Guadalupe Tovar
Executive Director
Local Clean Energy Alliance
Merrian Borgeson
CA Policy Director, Climate & Energy
Natural Resources Defense Council
Tamlyn Hunt
Chief Executive Officer
Community Renewable Solutions
Jakob Evans
Senior Policy Strategist
Sierra Club California
Ronnie Lipschutz
President, Sustainable Systems Research Foundation
Daniell Howard
Chief Executive Officer
Quantum Energy
Alice Sung, AIA
Principal
Greenbank Associates
Cooper Marcus
Chief Executive Officer
QuitCarbon
Faye Johnson
Leadership Team
Indivisible Santa Cruz County
Daniel Chandler
Steering Committee
350 Humboldt
Bart Ziegler
President
Samuel Lawrence Foundation
Eric Lever
Vice-President, Democratic Club of West Orange County
Ben Schwartz
Policy Director, Clean Coalition
Elise Kalfayan
Board Member
Glendale Environmental Coalition
Gopal Shanker
President, Recolte Energy
Nick Peterson
Founding Member
Albany Climate Action Coalition
Veronica Jacobi
Founder, Our Green Challenge
Claudine Custodio
Regulatory Director, West
Vote Solar
Kae Bender
Secretary
SocioEnergetics Foundation
Anthony Dang
Policy & Communications Outreach Manager, Climate Action Campaign
Eileen Mitro
Coordinator
Climate Action Mendocino
Jose Torre-Bueno
Executive Director
Center for Community Energy
James Schoonover
Liaison, Climate Crisis Workgroup of Grassroots Institute
Glayol Sahba
Co-Facilitator
Third Act Sacramento
John Carrese
Facilitator/Member
Neighbors for Progressive Action
Todd Weber and Richard Burke
Chapter Co-Leaders, Elders Climate Action NoCal Chapter
Alan Weiner
Chapter Lead
350 Conejo/San Fernando Valley
Cher Gilmore
Group Leader, Citizens’ Climate Lobby, Santa Clara
Heather Turpin
Co-Facilitator, SCV Eco Alliance
Emma Searson
Managing Policy Director
GRID Alternatives
Dave Shukla
Operations, Long Beach Alliance for Clean Energy
David Diaz
Executive Director
Active San Gabriel Valley
Kevin Chou
Executive Director
Bright Saver
Max Feinland
Orange County Environmental Justice
Jorge Rivera
Executive Co-Director
Healing and Justice Center
Sanford Krasner
Group Leader, Pasadena-Foothills Chapter of Citizens Climate Lobby
Lauren Weston
Executive Director
Acterra: Action for a Healthy Planet
Alice Sung
Principal
Greenbank Associates
Janice Schroeder, Core Member
West Berkeley Alliance for Clean Air and Safe Jobs
Mark Rutkowski, Founder
Laudate Deum Prayer Network for Climate Healing
Sven Thesen
Co-Founder
Project Green Home
Marilyn Price
Co-Chair
Sustainable Mill Valley
Pauline Seales
Organizer
Santa Cruz Climate Action Network
Sonoma County Climate Activist Network (SoCoCAN!)
Demian Hardman
LGSEC Board Chair
Local Government Sustainable Energy Coalition
Emi Yoko-Young
Policy Organizer, Co-Director
Reclaim Our Power: Utility Justice Campaign
Amy Moas, Ph.D.
Climate Director
Greenpeace USA
Helene Rouvier
Chair
Humboldt Progressive Democrats
Nancy Tierney
Co-chair
Pacifica Climate Committee
Suzanne Moore
Co-chair
Pacifica Housing For All (PH4A)
Wendy Caesar
Rachael Biale
Third Act
Kate Harrison
Member
350 Berkeley Hub
David Kaskowitz
Third Act San Francisco Bay Area
Sarah Hubbard
Executive Director
Sustainable San Mateo County
Craig Perkins
Executive Director
The Energy Coalition
Ashley McClure
Executive Director
Climate Health Now Action Fund
Phil Glosserman
Lead Facilitator
Third Act SoCal
Todd Weber, Co-Leader
Richard Burke, Founder/Leader
Elders Climate Action Northern California Chapter
Benjamin Henderson
Housing Policy Advocate
Western Center on Law and Poverty
Tekira Briscoe
Alliance Coordinator
CA Alliance for Community Energy
Finn Alden, self
Heather Seggel, self
Caroline Hicks, self
Debbie Mytels, Chair
Peninsula Interfaith Climate Action
Rachel Mandelbaum, Deputy Dir. of Campaigns and Organizing Dayenu: A Jewish Call to Climate Action
Bill Magavern, Policy Director
Coalition for Clean Air
Carleen Cullen, Exec. Director
Cool the Earth
Joon Rainwater, Exec. Director
Peace Action
Martin Bourque, Exec. Director
Ecology Center
Katharine Harrison, Co-Lead
SanDiego350
Shannon Olivieri Hovis
Chief Strategy Officer, California Environmental Voters
Sigrid Wright, CEO/Exec. Director
Community Environmental Council
Dan Silver, Exec. Director
Endangered Habitats League
Larry Glass, Exec. Director
Safe Alternatives for our Forest Environment
Micah Perlin, Director
California Climate Voters PAC
Susan Hartje, Owner
Saddles That Fit
Susan St. Louis, Climate Chair
Courageous Resistance of the Desert/Indivisible
Susan Stephenson, Exec. Director
California Interfaith Power & Light
Manuel Jose Espinosa, Principal
The Phoenix Group
Kristel Rietesel, Administrator
Bay Area Clean Air Coalition
Pete Marsh, Chapter Leader
Citizens’ Climate Lobby Long Beach
Ayn Craciun, Policy Director
Climate Action Campaign
Sue Bock, Board Director
San Ramon Valley Climate Coalition
Jane Cox, CEO
Climate Action California
Josh Hart, Director
Feather River Action!
Steve Bardwell, President
Morongo Basin Conservation Assoc.
Sharon Broberg, Steering Committee Member, 350 Santa Barbara
John Smigelski, Program Lead
United the Central Coast for Action/SLO Climate Coalition
David Prina, Group Leader
Citizens’ Climate Lobby Monterey Bay
Thomas A. Edmund, PhD., Co-Chair
Tri Valley Air Quality Climate Alliance
Philip Petrie, Co-Chairperson
Interfaith Coalition for Earth Justice
Lisa Swanson, Policy Chair
Climate Reality Project Orange County
Deborah Silvey, Co-Founder
Long Beach Alliance for Clean Energy
Terrie Green, Exec. Director
Marin City Climate Resilience
Pamela Squyres, Leadership
Climate Future California
Jill ZamEk, Board Member
San Luis Obispo Mothers for Peace
Stacey Hunt, CEO
Ecologistics, Inc.
Karinna Gonzalez, Deputy Director
Hammond Climate Solutions
Michele Canales
Western States Policy Advocate
Union of Concerned Scientists
Xochitl Cortez, Exec. Director
Frontline Catalysts
Madison Vander Klay
Sr. Manager Govt Affairs
Building Decarbonisation Coalition Action Fund
Jeanna Harris, Club President
Culver City Democratic Club
Brent Blackaby
Councilmember District 6
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7160 ● TDD: (510) 981-6903 ● Fax: (510) 981-7166 E-Mail: [email protected]
CONSENT CALENDAR
April 21, 2026
To: Honorable Mayor and Members of the City Council
From: Councilmember Blackaby (Author), Councilmember O’Keefe (Co-sponsor), Councilmember Humbert (Co-sponsor)
Subject: Setting Measurable Goals and Metrics for Key City Priorities
RECOMMENDATION
Refer to the City Manager the development of 10-20 measurable goals and metrics that reflect key priorities for the City. These goals should focus on outcomes that matter most to residents, demonstrating both the impact of City government and the quality of life in our community.
After setting annual goals, the City should provide quarterly updates with progress towards those goals via an easily accessible dashboard on the city website or other mechanism. Also, the City should provide updates as a quarterly City Council agenda item, or other appropriate frequency.
Types of goals should be identified by analyzing similar work being done by other jurisdictions, and then quantifiable metrics for each goal should be set by staff and reviewed by City Council. How do peer cities and comparable jurisdictions define, structure, and establish outcome-based goals and metrics? What processes do they use to select them and align them with priorities? How do jurisdictions report on these goals and metrics, including the formatting, frequency, and accessibility of reporting to decision-making bodies and the public?
Goals should span a full range of City priorities, including housing production, public safety, transportation, public works, parks & recreation, homelessness, and economic development.
POLICY COMMITTEE RECOMMENDATION
On January 28, 2026, the Health, Life Enrichment, Equity & Community Committee adopted the following action: M/S/C (Tregub/O’Keefe) to send item to Council with a qualified positive recommendation to: explore a variety of frameworks and methodologies, interface with the public, and explore opportunities to quantify social costs and benefits. Vote: All Ayes
Setting Measurable Goals and Metrics for Key City Priorities CONSENT CALENDAR April 21, 2026
FINANCIAL IMPLICATIONS
Staff time necessary to develop this program and work with Council and community to identify the key goals and metrics. Staff time necessary to develop a dashboard on the city website. Staff time necessary to update metrics on a quarterly basis.
CURRENT SITUATION AND ITS EFFECTS
The Health, Life Enrichment, Equity, & Community Policy Committee (HLEEC) reviewed this item on January 28, 2026 and voted to send the item to Council with a qualified positive recommendation to explore a variety of frameworks and methodologies, interface with the public, and explore opportunities to quantify social costs and benefits.
The Auditor’s Office prepared a special report, A Guide to Measuring Performance in the City of Berkeley, which addresses the HLEEC recommendations. The report outlines performance management best practices from the Government Finance Officers Association (GFOA) and the International City/County Management Association (ICMA), reviews common approaches used by comparable jurisdictions, and highlights examples of current performance measures within the City.
The report was presented at the February 24 Council meeting. Public comments reflected concern that the City does not already have comprehensive performance measures in place for its $829 million budget, along with support for using performance measures to better direct limited resources to the areas of biggest impact.
Establishing clear goals and metrics is a Strategic Plan Priority Project, advancing our goals to:
provide an efficient and financially healthy City government; and be a customer-focused organization that provides excellent, timely, easily accessible service and information to the community.
Currently, the city collects a significant amount of data about operations, but it is scattered among a wide variety of reports. Some data is hard to find.
To reach our goals and ensure transparency, it is essential to set measurable targets, track progress with synthesized data in a single accessible location, and regularly report results to City leadership and the public.
Outcome-based goals and metrics can also help inform resource allocation decisions.
By showing our City is achieving intended results and where we need improvement, these goals provide insight into whether resources should be reallocated, increased, or adjusted to better support the City’s priorities -- especially critical during times of budget shortages.
BACKGROUND
Setting goals and measuring progress towards those goals is a key management practice of high-performing organizations. This practice unites stakeholders around a shared mission and clear definition of success, fostering transparency, accountability, and trust with the community by demonstrating our focus on key city priorities. It also
Setting Measurable Goals and Metrics for Key City Priorities CONSENT CALENDAR April 21, 2026
makes visible both the areas where we are excelling and the areas that require greater attention to achieve our goals.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
No direct environmental impact.
CONTACT PERSON
Councilmember Brent Blackaby Council District 6 510-981-7160 Attachments:
1: A Guide to Measuring Performance in the City of Berkeley, Auditor’s Report
Setting Measurable Goals and Metrics for Key City Priorities CONSENT CALENDAR April 21, 2026
Setting Measurable Goals and Metrics for Key City Priorities CONSENT CALENDAR April 21, 2026
Setting Measurable Goals and Metrics for Key City Priorities CONSENT CALENDAR April 21, 2026
Setting Measurable Goals and Metrics for Key City Priorities CONSENT CALENDAR April 21, 2026
Setting Measurable Goals and Metrics for Key City Priorities CONSENT CALENDAR April 21, 2026
Setting Measurable Goals and Metrics for Key City Priorities CONSENT CALENDAR April 21, 2026
Setting Measurable Goals and Metrics for Key City Priorities CONSENT CALENDAR April 21, 2026
Setting Measurable Goals and Metrics for Key City Priorities CONSENT CALENDAR April 21, 2026
Setting Measurable Goals and Metrics for Key City Priorities CONSENT CALENDAR April 21, 2026
Setting Measurable Goals and Metrics for Key City Priorities CONSENT CALENDAR April 21, 2026
Setting Measurable Goals and Metrics for Key City Priorities CONSENT CALENDAR April 21, 2026
Setting Measurable Goals and Metrics for Key City Priorities CONSENT CALENDAR April 21, 2026
Setting Measurable Goals and Metrics for Key City Priorities CONSENT CALENDAR April 21, 2026
Setting Measurable Goals and Metrics for Key City Priorities CONSENT CALENDAR April 21, 2026
Setting Measurable Goals and Metrics for Key City Priorities CONSENT CALENDAR April 21, 2026
Setting Measurable Goals and Metrics for Key City Priorities CONSENT CALENDAR April 21, 2026
Setting Measurable Goals and Metrics for Key City Priorities CONSENT CALENDAR April 21, 2026
Setting Measurable Goals and Metrics for Key City Priorities CONSENT CALENDAR April 21, 2026
Setting Measurable Goals and Metrics for Key City Priorities CONSENT CALENDAR April 21, 2026
Setting Measurable Goals and Metrics for Key City Priorities CONSENT CALENDAR April 21, 2026
Setting Measurable Goals and Metrics for Key City Priorities CONSENT CALENDAR April 21, 2026
OFFICE OF THE CITY MANAGER
PUBLIC HEARING
April 21, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Janelle Rodrigues, Director of Human Resources Subject: Conduct Public Hearing in Compliance with Assembly Bill 2561 / Government Code § 3502.3 Regarding Vacancies, Recruitment, and Retention Efforts
RECOMENDATION
Conduct a public hearing in compliance with Assembly Bill 2561 (AB 2561) / Government Code § 3502.3 (GC § 3502.3) regarding vacancies, recruitment, and retention efforts.
FISCAL IMPACTS OF RECOMMENDATION
There is no direct fiscal impact associated with conducting the public hearing required under GC § 3502.3.
CURRENT SITUATION AND ITS EFFECTS
Status of Vacancies
In calendar year 2025, the City of Berkeley’s average month-end vacancy rate was
15.0%, with a high of 16.1% and a low of 14.7%.
Conduct Public Hearing in Compliance with Assembly Bill 2561 / PUBLIC HEARING Government Code Section 3502.3 Regarding Vacancies, April 21, 2026 Recruitment, and Retention Efforts
Bargaining Units with Vacancy Rates of at Least 20%
Of the City’s eight bargaining units, only two had vacancy rates exceeding 20% as of December 31, 2025: the International Brotherhood of Electrical Workers (IBEW) and the Berkeley Chief Fire Officers Association (BFCOA).
IBEW ended the year with a vacancy rate of 29.4%, representing 5 vacant FTEs out of 17 budgeted FTEs. The vacancies included Electrician (2 out of 7 budgeted FTEs), Lead Electrician (2 out of 3 budgeted FTEs), and Lead Communications Technician (1 out of 1 budgeted FTE). The Lead Communications vacancy resulted from a recent promotion of a bargaining unit member into the Communications Supervisor vacancy.
Conduct Public Hearing in Compliance with Assembly Bill 2561 / PUBLIC HEARING Government Code Section 3502.3 Regarding Vacancies, April 21, 2026 Recruitment, and Retention Efforts
BFCOA ended the year with a vacancy rate of 28.6%, representing 2 vacant FTEs out of 7 budgeted FTEs. Both vacancies were Battalion Chief positions vacated by retirements on December 26 and December 29, 2025. These positions were filled in January 2026, reducing the vacancy rate to 0% within one month.
All represented employee groups have been notified of the public hearing and given the opportunity to attend and present, as required by the statute.
Recruitment and Retention Efforts
The City continues to actively address vacancy rates through multi-pronged recruitment and outreach strategy. Efforts include maintaining a contract with branding and marketing consultants; operating a dedicated career website (www.berkeley.careers) to showcase employment opportunities; enhancing the City’s social media presence on platforms such as Instagram, Facebook, LinkedIn through professionally designed advertisements; and conducting targeted outreach through paid, algorithm-based advertisements, specialized mailing lists for candidates with relevant certifications or professional affiliations, and tools such as LinkedIn Recruiter for direct candidate engagement.
These strategies have enabled the City to consistently hire at a rate that exceeds attrition and to maintain a low overall vacancy rate.
To address vacancies in IBEW-represented classifications, the City maintained a continuous Electrician recruitment throughout the year, utilized marketing and outreach tools, regularly screened applications, and administered multiple examinations.
Approximately 230 applicants applied throughout the year; of these, 25 applicants 17 5 7 2
2 Electricians 2 Battalion Chiefs
2 Lead Electricians (Retired December 2025)
1 Lead Communications Technician
IBEW BFCOA
Conduct Public Hearing in Compliance with Assembly Bill 2561 / PUBLIC HEARING Government Code Section 3502.3 Regarding Vacancies, April 21, 2026 Recruitment, and Retention Efforts
passed the minimum qualification screening, and 8 passed both the written and performance exam.
Obstacles in the Hiring Process
In April 2025, the City instituted a hiring freeze to address the structural deficit in the General Fund. To balance the fiscal year 2026 budget, the City implemented several measures, including removing funding for 44.4 vacant positions and one temporary position. In addition, all budgeted and authorized positions were required to undergo an exception review process by the City Manager and Budget team before proceeding with recruitment, exam, selection, and appointment. Exceptions were granted when a position was deemed mission‑critical, essential to business operations, had a significant impact on public health and safety, posed a substantial compliance risk, could result in potential liability, or could lead to a significant loss of revenue. In anticipation of addressing the ongoing structural deficit positions were held vacant while the City made efforts to develop departmental budget reduction plans.
BACKGROUND
On September 22, 2024, Governor Newsom signed AB 2561 into law, codified as GC § 3502.3, effective January 1, 2025, amending the Meyers-Milias-Brown Act (MMBA). AB 2561 creates a new obligation for public agencies to publicly address the status of their vacancies. Under AB 2561 and GC § 3502.3, public agencies are required to assess and address vacancy rates on an annual basis; information on the status of vacancies, recruitment, and retention efforts at least once per fiscal year prior to the adoption of the next fiscal year’s budget; and identifying any policies, procedures, and recruitment activities that may present obstacles in the hiring process. Additional obligations may apply if the vacancy rate in a bargaining unit exceeds 20%.
Effective January 1, 2025, in compliance with the new legal obligations for public agencies under AB 2561 / Government Code (GC) § 3502.3, the City is required to do the following:
1. Public Hearing: At least once each fiscal year, at a public hearing before the City Council, the City shall present information regarding the status of vacancies, recruitment, and retention efforts (GC § 3502.3 (a)(1)) and identify any necessary changes to policies, procedures, and recruitment activities that may lead to obstacles in the hiring process (GC § 3502.3(a)(3)). If the City adopts an annual or multi-year budget during the fiscal year, this presentation must occur prior to the City Council’s adoption of the final budget. (GC § 3502.3 (a)(2).)
2. Employee Organization Participation: The City shall allow the recognized employee organization for each bargaining unit at the City to make presentations
Conduct Public Hearing in Compliance with Assembly Bill 2561 / PUBLIC HEARING Government Code Section 3502.3 Regarding Vacancies, April 21, 2026 Recruitment, and Retention Efforts
during the public hearing concerning vacancies, recruitment, and retention efforts. The City has eight bargaining units. (GC § 3502.3 (b).)
3. Additional Reporting for High Vacancy Rates: If vacancies within a single bargaining unit meet or exceed 20% of authorized full-time positions in that bargaining unit, upon request of the recognized employee organization for that bargaining unit, the City must provide additional information during the public hearing, including: (1) the total number of vacancies; (2) the number of applicants; (3) the average time to fill positions; and (4) opportunities to improve compensation and working conditions for employees in that bargaining unit. (GC § 3502.3 (c).)
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental impacts or opportunities associated with the subject of the report.
RATIONALE FOR RECOMMENDATION
The City fulfills its legal compliance with AB 2561 / GC § 3502.3 by conducting a public hearing before the agency’s governing body at least once per fiscal year prior to the adoption of the next fiscal year’s budget and identifying any necessary changes to policies, procedures, and recruitment activities that may lead to obstacles in the hiring process.
ALTERNATIVE ACTIONS CONSIDERED
None.
CONTACT PERSON
Janelle Rodrigues, Director of Human Resources, (510) 981-6807.
ATTACHMENT
1. Assembly Bill 2561 (AB 2561) - Text
Assembly Bill No. 2561
CHAPTER 409
An act to add Section 3502.3 to the Government Code, relating to public employment.
[Approved by Governor September 22, 2024. Filed with
Secretary of State September 22, 2024.]
legislative counsel’s digest
AB 2561, McKinnor. Local public employees: vacant positions.
Existing law, the Meyers-Milias-Brown Act (act), authorizes local public employees, as defined, to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on matters of labor relations. The act requires the governing body of a public agency to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations and to consider fully presentations that are made by the employee organization on behalf of its members before arriving at a determination of policy or course of action.
This bill would, as specified, require a public agency to present the status of vacancies and recruitment and retention efforts at a public hearing at least once per fiscal year, and would entitle the recognized employee organization to present at the hearing. If the number of job vacancies within a single bargaining unit meets or exceeds 20% of the total number of authorized full-time positions, the bill would require the public agency, upon request of the recognized employee organization, to include specified information during the public hearing. By imposing new duties on local public agencies, the bill would impose a state-mandated local program. The bill would also include related legislative findings.
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.
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 shall be made pursuant to these statutory provisions for costs mandated by the state pursuant to this act, but would recognize that a local agency or school district may pursue any available remedies to seek reimbursement for these costs.
92
The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares as follows:
(a) Job vacancies in local government are a widespread and significant problem for the public sector affecting occupations across wage levels and educational requirements.
(b) High job vacancies impact public service delivery and the workers who are forced to handle heavier workloads, with understaffing leading to burnout and increased turnover that further exacerbate staffing challenges. (c) There is a statewide interest in ensuring that public agency operations are appropriately staffed and that high vacancy rates do not undermine public employee labor relations.
SEC. 2. Section 3502.3 is added to the Government Code, to read:
3502.3. (a) (1) A public agency shall present the status of vacancies and recruitment and retention efforts during a public hearing before the governing board at least once per fiscal year.
(2) If the governing board will be adopting an annual or multiyear budget during the fiscal year, the presentation shall be made prior to the adoption of the final budget.
(3) During the hearing, the public agency shall identify any necessary changes to policies, procedures, and recruitment activities that may lead to obstacles in the hiring process.
(b) The recognized employee organization for a bargaining unit shall be entitled to make a presentation at the public hearing at which the public agency presents the status of vacancies and recruitment and retention efforts for positions within that bargaining unit.
(c) If the number of job vacancies within a single bargaining unit meets or exceeds 20 percent of the total number of authorized full-time positions, the public agency shall, upon request of the recognized employee organization, include all of the following information during the public hearing:
(1) The total number of job vacancies within the bargaining unit. (2) The total number of applicants for vacant positions within the bargaining unit.
(3) The average number of days to complete the hiring process from when a position is posted.
(4) Opportunities to improve compensation and other working conditions. (d) This section shall not prevent the governing board from holding additional public hearings about vacancies.
(e) The provisions of this section are severable. If any provision of this section or its application is held invalid, the invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(f) For purposes of this section, “recognized employee organization” has the same meaning as defined in subdivision (a) of Section 3501.
SEC. 3. The Legislature finds and declares that Section 2 of this act, which adds Section 3502.3 to the Government Code, furthers, within the 92 — 2 — Ch. 409
meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
It is in the public interest, and it furthers the purposes of paragraph (7) of subdivision (b) of Section (3) of Article I of the California Constitution, to ensure that information concerning public agency employment is available to the public.
SEC. 4. No reimbursement shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code for costs mandated by the state pursuant to this act. It is recognized, however, that a local agency or school district may pursue any remedies to obtain reimbursement available to it under Part 7 (commencing with Section 17500) and any other law.
O
92 Ch. 409 — 3 —
NOTICE OF PUBLIC HEARING
BERKELEY CITY COUNCIL
CALIFORNIA GOVERNMENT CODE § 3502.3 (ASSEMBLY BILL 2561) The public may participate in this hearing by remote video or in-person.
The Department of Human Resources is proposing a public hearing in accordance with California Government Code § 3502.3 (Assembly Bill 2561), which states that a public agency must once per fiscal year present the status of vacancies, recruitment and retentions efforts at a public hearing before the adoption of an annual budget.
The hearing will be held on April 21, 2026, at 6:00 p.m. in the School District Board Room, located at 1231 Addison Street, Berkeley CA 94702.
A copy of the agenda material for this hearing will be available on the City’s website at https://berkeleyca.gov/ as of April 9, 2026. Once posted, the agenda for this meeting will include a link for public participation using Zoom video technology, as well as any health and safety requirements for in-person attendance.
For further information, please contact Janelle Rodrigues at 510-981-6807. Written comments should be mailed or delivered directly to the City Clerk, 2180 Milvia Street, Berkeley, CA 94704, or e-mailed to [email protected] in order to ensure delivery to all Councilmembers and inclusion in the agenda packet.
Communications to the Berkeley City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the City Clerk. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk at (510) 981-6900 or [email protected] for further information.
Published: April 10, 2026 – The Berkeley Voice
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the Notice for this Public Hearing of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on April 9, 2026.
__________________________________
Mark Numainville, City Clerk
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