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Cotati Extension Rate Table 7.1.26 - R3 Support - Rate Tables Recology Sonoma Marin - City of Cotati
Exhibit D: Maximum Rates
Proposed Rates Effective 6/1/2026
RESIDENTIAL Cart Size
Regular Accounts 20 Gal 32 Gal 64 Gal 96 Gal
Collection Element 10.04 14.14 36.99 57.02
Disposal Element 9.52 13.35 35.08 54.05
Organics Element 2.32 3.27 8.53 13.16
Total 21.88 30.76 80.60 124.23
Low Income (20% discount from Regular Accounts)
Collection Element 11.31 8.03 29.59 45.62
Disposal Element 10.68 7.62 28.06 43.24
Organics Element 1.86 2.62 6.82 10.53
Total 17.50 24.61 64.48 99.38
Extra Collection (MSW Only)
Collection Element 7.71
Disposal Element 4.69
Total 12.40
Additional Recycling or
Green Waste Cart after 2 Cart Size
20 Gal 32 Gal 64 Gal 96 Gal
Collection Element 10.04 14.14 36.99 57.02
Disposal Element
Organics Element 2.32 3.27 8.53 13.16
Total 12.36 17.41 45.52 70.18
Debris Boxes Compactors
Debris Box & Compactors 10 or 20 YD 30 or 40 YD 10 or 20 YD 30 or 40 YD Collection 622.16 897.05 622.16 897.05
Disposal
Loads charged at per ton rate based on
disposal rate below.
Loads charged at per ton rate based on
disposal rate below.
Total 897.05 622.16 622.16 897.05
Demurrage Over 7 Days 58.41 58.41
Trip Charge (for Debris Box Service with no Dump)/Relocation (unless on service day) 189.82 $ Compactor Cleaning (must be on service day) 569.48
Tires 43.61
SPECIAL CHARGES Charge
Administrative Start-up Fee for New Accounts or Transfer Existing Account 18.64 $ Road Charge/ Walk-In Service (Collection component only) 10.75 Lock Service (per locking bin per month & per lock provided) 12.65 Return for Service (blocked bin/bin not out) 41.51
City Requested for abatement of nuisance (s) Set by City Contamination Charge
Cart Contamination 12.22
Bin Contamination (Per yard) 48.95
Overflowing Cart 6.32
Overflowing Bin (per yd) 25.31
Cart Exchange/Replace (after 1/year) 66.45
Bin Exchange/Replace (after 1/year) 278.41
Commercial or Additional Residential Bulky Items
Mattress 132.37
Other Item with Freon 152.75
Other Item without Freon 101.83
Freon Extraction charge for Free BIC and Debris Box 72.26 DISPOSAL FEE (with Franchise Fee) 209.76 per Ton
(1) A la Carte Recycling or Organics service is not available. (2) On-call service is only available for debris box and compactor service.
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Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: DISCUSS CAL CITIES REQUEST FOR LETTERS OPPOSING AB 1383 (MCKINNOR) AND SB 866 (BLAKESPEAR)
Date: May 26, 2026
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council review the Cal Cities request for opposition letters for AB 1383 and SB 866; and, if supportive of the Cal Cities positions, adopt a motion authorizing the Mayor to sign and transmit the two attached letters.
Background
The City Council is a member of the League of California Cities (Cal Cities), as are most cities in California. Cal Cities supports education of member cities and also support advocacy at the State Legislature, particularly on issues of local control and unfunded state mandates.
In cases of urgent matters, the City Council rules allow the Mayor to sign legislative position letters from Cal Cities. However, if there is sufficient time, Cal Cities requests are to come to the full City Council for consideration.
Analysis/Discussion
The City recently received two requests from Cal Cities, to oppose AB 1383 and SB 866. The summary provided by Cal Cities is below, with template letters attached.
Assembly Bill (AB) 1383: Public Employees’ Retirement Benefits (Oppose) What the Bill Does:
• Increases the pensionable compensation cap for PEPRA public employees. • Reduces the retirement age for public safety employees from 57 to 55, applied 133 of 182
prospectively.
• Creates a new fourth safety tier, establishing a 3% @ 55 formula that is prospective and subject to collective bargaining.
• Allows local agencies to adjust their local pension formulas prospectively, providing them with the authority to modify benefit structures going forward.
Why AB 1383 is Important to Cal Cities Members:
• PEPRA reforms have generated an estimated $5.8 billion in savings to date and $26.5 billion projected over 10 years.
• Changing these reforms would increase employer and employee contribution rates, create new administrative and long-term solvency challenges for cities, and would undermine a decade of progress in stabilizing pension systems and managing long-term liabilities. • Cities are already facing rising pension obligations, stagnant revenues, and new federal and state mandates that strain local budgets.
• Higher pension costs would threaten core city services, staffing levels, and overall fiscal stability.
• Increased mandated costs would limit cities’ ability to invest in workforce compensation, community programs, and essential public services.
AB 1383 has passed through the Assembly and has been referred to the Senate Committee on Labor, Public Employment and Retirement. It is expected to be heard in June.
Senate Bill (SB) 866: Planning and Zoning: Housing Element Mandates - Oppose What the Bill Does:
SB 866 would require all but 14 cities to add extensive homelessness reporting to their housing elements. SB 866 targets cities without direct access to homelessness funding, placing extensive new reporting burdens on cities with the fewest resources.
Background: Since 2019, HHAP has provided state funding to the 14 largest cities, all 58 counties, and 44 Continuums of Care. The other 469 cities in California do not get direct state support. To receive funding, HHAP recipients must submit regional plans that include system performance metrics. SB 866 would impose those same performance metrics as a new housing element requirement only for those cities that do not receive HHAP funding.
Why SB 866 is bad for cities:
• SB 866 mandates reporting on systems operated by counties, the state, and private entities, not cities. Despite a city's best intentions, it may be unable to collect this data, and under SB 866, it would have a non-compliant housing element as a result. • The reporting required in SB 866 does not belong in a long-term housing planning document that, for most cities, is updated every eight years. The information would quickly become outdated and would no longer be responsive to the evolving needs of unhoused residents.
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• SB 866 would create siloed data, requiring 469 cities to report this information through housing elements, while counties and larger cities do so through regional plans, raising concerns about how the state would synthesize this data into meaningful policy. • Over 300 of the 483 cities in California have populations under 50,000, representing very small numbers of unhoused individuals. Requiring these cities to report this level of data without funding for homelessness programs will not move California forward in addressing homelessness.
SB 866 is eligible for a floor vote at any time. If successful, it will pass to the Assembly.
Financial Considerations
There are no direct impacts from transmitting these letters to the State. If the legislation passes, there may be related, currently unknown financial impacts.
Environmental Issues
Where it can be determined with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA review.
This general rule can be applied to activities which could be subject to the CEQA process, but which logic dictates should not be subject to CEQA review. Therefore, based on the information provided above, the proposed resolution is exempt from CEQA pursuant to Section 14.03.021 of the CEQA Guidelines in that there is no possibility that the activity may have a significant impact on the environment.
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***CITY LETTERHEAD***
DATE
The Honorable Tina McKinnor
Chair, Assembly Committee on Public Employment and Retirement 1020 N Street, Room 153
Sacramento, CA 95814
RE: AB 1383 (McKinnor) Public employees’ retirement benefits.
OPPOSE (As Amended May 13, 2026)
Dear Assembly Member McKinnor,
The City of Cotati must respectfully oppose AB 1383, which would make several significant changes to public employees’ retirement benefits and lead to increased pension liability for public agencies.
The Public Employees’ Pension Reform Act (PEPRA) was designed to address a wide range of issues involving public employee pensions and was a major step in helping local agencies better manage future pension costs and prevent the California Public Employees Retirement System from sliding into insolvency. AB 1383 would upend many of the reforms put in place in 2013 by PEPRA.
While we recognize and appreciate the intent of the bill to support recruitment and retention of essential public safety professionals, the bill would increase mandated costs without funding.
The potential cost of this bill comes at a time of uncertainty. The fiscal volatility in the market compounded with the increased benefit costs from this bill could lead to serious cost increases for local government.
While our city supports competitive recruitment and retention for all public employees, AB 1383 represents an unfunded mandate that fails to balance sustainable retirement benefits with taxpayer fairness and long-term financial stability.
For these reasons, the City of Cotati respectfully opposes AB 1383.
Sincerely,
Sylvia Lemus
Mayor
City of Cotati
Cc: The Honorable Tina McKinnor, Chair, Assembly Committee on Public Employment and Retirement
Honorable Members, Senate Labor, Public Employment and Retirement Committee The Honorable Senator Chris Cabaldon
The Honorable Assembly Member Damon Connolly
Nancy Hall Bennett, Public Affairs Manager, Cal Cities North Bay (via email) League of California Cities, (via email: [email protected]) 136 of 182
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***CITY LETTERHEAD***
DATE
The Honorable Senator Chris Cabaldon
Member, California State Senate
RE: SB 866 (Blakespear) Homeless Housing, Assistance, and Prevention program:
housing element.
Notice of OPPOSITION
Dear Senator Cabaldon,
The City of Cotati must respectfully oppose SB 866 (Blakespear). SB 866 would require all but 14 cities to add extensive homelessness reporting requirements to their housing elements, targeting cities that do not receive state funding to address homelessness.
Currently, the state’s flagship homelessness grant program, the Homeless Housing, Assistance, and Prevention (HHAP) program, allocates funding to all 58 counties, 44 Continuums of Care (CoCs), and the 14 cities in California with populations over 300,000. To receive HHAP funding, grantees must submit a regionally coordinated homelessness action plan to the Housing and Community Development (HCD) Department that includes specific system performance metrics.
SB 866 would copy these system performance metrics from the HHAP regional plans and impose them as a separate reporting requirement only on cities not receiving state funding – forcing them to track these metrics in their housing elements. Some of the metrics are nearly impossible for cities to collect. For example, the bill requires cities to share information about the number of people who become homeless after exiting institutional settings, including jails, prisons, and hospitals. These are systems operated by counties, the state, or private entities, not cities.
Additionally, some of the data required under SB 866 is already collected through existing systems. CoCs receive federal funding to conduct annual point-in-time counts to gather key homelessness data. This data includes the number of individuals who are unhoused and if an individual has been unhoused long enough to be considered chronically homeless. Despite this information being collected and publicly shared by CoCs, SB 866 shifts the responsibility for collecting and reporting it to cities, without providing us with any additional funding to do so.
The data requirements in SB 866 would create significant administrative burdens for communities that already do not receive state financial support to address homelessness. The challenge of collecting and reporting this data may
jeopardize our ability to achieve a compliant housing element and potentially subject us to legal action by the state.
Our city is also concerned that this measure would create siloed data. SB 866 would require over 400 cities to collect and report data independently through their housing elements, while counties and larger cities continue to do so through regional plans. It is unclear how HCD would synthesize this data into meaningful, actionable policy at the statewide level. 138 of 182
Although we understand the goal of increasing transparency around the efforts of smaller cities to address the state’s homelessness crisis, it can’t be at the expense of burdening the smallest cities with housing element requirements that will not be equally applied to other local governments.
PLEASE CITE SPECIFIC REASONS OF HOW YOUR CITY WILL BE AFFECTED BY THIS BILL.
Each year, the Legislature introduces bills that significantly complicate cities’ efforts to secure housing element certification. These multi-year planning efforts are already complex, timeconsuming, and expensive. SB 866 would add yet another layer of reporting requirements – through a non-reimbursable state mandate – placing a disproportionate burden on smaller cities.
For these reasons, the City of Cotati respectfully oppose SB 866 (Blakespear).
Sincerely,
Sylvia Lemus
Mayor
City of Cotati
cc. The Honorable Assembly Member Damon Connolly
Nancy Hall Bennett, Public Affairs Manager, Cal Cities North Bay Division(via email) League of California Cities, [email protected]
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AMENDED IN SENATE MAY 13, 2026
AMENDED IN ASSEMBLY JANUARY 22, 2026
AMENDED IN ASSEMBLY APRIL 11, 2025
AMENDED IN ASSEMBLY MARCH 10, 2025
california legislature—2025–26 regular session
ASSEMBLY BILL No. 1383
Introduced by Assembly Member McKinnor
(Coauthors: Assembly MembersAddis,Ahrens, Alanis, Ávila Farías, Boerner, Calderon, Castillo, Chen, Connolly, Flora, Hoover, Krell, Nguyen, Ortega, Pacheco, Patel, Patterson, Ramos, Ransom, Sharp-Collins, and Solache)
(Coauthors: Senators Grayson Gonzalez, Grayson, and Pérez) February 21, 2025
An act to amend Sections 7522.10 and 7522.25 7522.02, 7522.10, 7522.15, 7522.25, and 20516 of, and to add Sections 7522.19 and 7522.26 to, the Government Code, relating to public employees’ retirement, and making an appropriation therefor.
legislative counsel’s digest
AB 1383, as amended, McKinnor. Public employees’ retirement benefits: safety members. benefits.
The Public Employees’ Retirement Law (PERL) establishes the Public Employees’ Retirement System (PERS) to provide a defined benefit to members of the system based on final compensation, credited service, and age at retirement, subject to certain variations. Existing law creates the Public Employees’ Retirement Fund, which is continuously appropriated for purposes of PERS, including depositing employer and
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employee contributions. Under the California Constitution, assets of a public pension or retirement system are trust funds.
The California Public Employees’ Pension Reform Act of 2013 (PEPRA) establishes a variety of requirements and restrictions on public employers offering defined benefit pension plans. In this regard, PEPRA restricts the amount of compensation that may be applied for purposes of calculating a defined pension benefit for a new member, as defined, by restricting it to specified percentages of the contribution and benefit base under a specified federal law with respect to old age, survivors, and disability insurance benefits.
Existing law, the Teachers’ Retirement Law, establishes the State Teachers’ Retirement System (STRS) and creates the Defined Benefit Program of the State Teachers’ Retirement Plan, which provides a defined benefit to members of the program, based on final compensation, creditable service, and age at retirement, subject to certain variations.
This bill, for service performed on and after January 1, 2027, would require a retirement system subject to PEPRA to adjust pensionable compensation limits to be consistent with prohibit the pensionable compensation for calendar year 2027 used to calculate the defined benefit paid to a new member of a retirement system subject to PEPRA who retires from the system from exceeding specified percentages of the contribution and benefit base under the specified federal law with respect to old age, survivors, and disability insurance benefits. The bill would make related, conforming changes to these provisions on pensionable compensation. The bill also would require a new member of STRS to be subject to specified limits of the Teachers’ Retirement Law.
PEPRA requires each retirement system that offers a defined benefit plan for safety members of the system to use one of 3 formulas for safety members, 2% at age 57, 2.5% at age 57, or 2.7% at age 57.
This bill would establish new retirement formulas, for employees first hired on or after January 1, 2027, as 2.5% at age 55, 2.7% at age 55, or 3% at age 55. 55, subject to certain exceptions. For new members hired on or after January 1, 2013, who are safety members, the bill would require employers to adjust the formulas for service performed on or after January 1, 2027, to offer one of the 3 formulas for safety members that is closest to the formula that has the same fraction at age 55 as the fraction at age 57 in the formula the employer provided offered pursuant to existing law. The bill would authorize a public employer and a recognized employee organization to negotiate a prospective 95 AB 1383 — 2 —
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increase to the retirement benefit formulas for safety members and new safety members, consistent with the formulas permitted under PEPRA, including the new formulas described above.
This bill would authorize an employer and its employees to agree in a memorandum of understanding to be subject to a higher safety plan or a lower safety plan, subject to certain requirements, including that the memorandum of understanding is collectively bargained in accordance with applicable laws.
By increasing the contribution to continuously appropriated funds, and by increasing expenditures from those funds, this bill would make an appropriation.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares the following:
line 2 (a) California is experiencing significant challenges in the line 3 recruitment and retention of safety personnel, including firefighters, line 4 police officers, and other first responders. Competitive retirement line 5 benefits are critical to ensuring an adequate and well-trained public line 6 safety workforce.
line 7 (b) Firefighters face heightened risks of occupational diseases, line 8 including elevated cancer rates. Studies have shown that firefighters line 9 have a significantly higher risk of developing multiple types of line 10 cancer due to prolonged exposure to carcinogens and hazardous line 11 materials in the line of duty. In 2022, the International Agency for line 12 Research on Cancer identified the occupation of firefighting as a line 13 Class 1 carcinogen.
line 14 (c) The physical demands of safety positions are extraordinary, line 15 requiring peak physical performance, endurance, and exposure to line 16 high-stress, life-threatening situations on a daily basis. These line 17 factors contribute to increased rates of disability, injury, and early line 18 retirement compared to other professions.
line 19 (d) Adjusting the retirement age and pension formulas for safety line 20 employees is necessary to maintain a sustainable and effective line 21 workforce while addressing the unique health and occupational line 22 challenges faced by these personnel.
line 23 (e) California has a strong history of protecting and promoting line 24 collective bargaining rights and providing opportunities for 95 — 3 — AB 1383
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line 1 employees and employers to bargain over certain retirement line 2 benefits that further enhances opportunities for public employers line 3 and employees to partner on stronger retirement security. line 4 (f) The compensation cap established under the California Public line 5 Employees’ Pension Reform Act of 2013 places limits that are line 6 significantly less than the current federal limit. To reflect current line 7 wage rates across both safety and miscellaneous employees, it is line 8 necessary to reconsider the appropriate compensation cap level, line 9 consistent with federal limits.
line 10 SEC. 2. Section 7522.02 of the Government Code is amended line 11 to read:
line 12 7522.02. (a) (1) Notwithstanding any other law, except as line 13 provided in this article, on and after January 1, 2013, this article line 14 shall apply to all state and local public retirement systems and to line 15 their participating employers, including the Public Employees’ line 16 Retirement System, the State Teachers’ Retirement System, the line 17 Legislators’ Retirement System, the Judges’ Retirement System, line 18 the Judges’ Retirement System II, county and district retirement line 19 systems created pursuant to the County Employees Retirement line 20 Law of 1937 (Chapter 3 (commencing with Section 31450) of Part line 21 3 of Division 4 of Title 3), independent public retirement systems, line 22 and to individual retirement plans offered by public employers. line 23 However, this article shall be subject to the Internal Revenue Code line 24 and Section 17 of Article XVI of the California Constitution. The line 25 administration of the requirements of this article shall comply with line 26 applicable provisions of the Internal Revenue Code and the line 27 Revenue and Taxation Code.
line 28 (2) Notwithstanding paragraph (1), this article shall not apply line 29 to the entities described in Section 9 of Article IX of, and Sections line 30 4 and 5 of Article XI of, the California Constitution, except to the line 31 extent that these entities continue to be participating employers in line 32 any retirement system governed by state statute. Accordingly, any line 33 retirement plan approved before January 1, 2013, by the voters of line 34 any entity excluded from coverage by this section shall not be line 35 affected by this article.
line 36 (3) (A) Notwithstanding paragraph (1), this article shall not line 37 apply to a public employee whose interests are protected under line 38 Section 5333(b) of Title 49 of the United States Code until a federal line 39 district court rules that the United States Secretary of Labor, or line 40 their designee, erred in determining that the application of this 95 AB 1383 — 4 —
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line 1 article precludes certification under that section, or until January line 2 1, 2016, whichever is sooner.
line 3 (B) If a federal district court upholds the determination of the line 4 United States Secretary of Labor, or their designee, that application line 5 of this article precludes them from providing a certification under line 6 Section 5333(b) of Title 49 of the United States Code, this article line 7 shall not apply to a public employee specified in subparagraph line 8 (A).
line 9 (4) Notwithstanding paragraph (1), this article shall not apply line 10 to a multiemployer plan authorized by Section 302(c)(5) of the line 11 federal Taft-Hartley Act (29 U.S.C. Sec. 186(c)(5)) if the public line 12 employer began participation in that plan prior to January 1, 2013, line 13 and the plan is regulated by the federal Employee Retirement line 14 Income Security Act of 1974 (29 U.S.C. Sec. 1001 et seq.). line 15 (b) The benefit plan required by this article shall apply to public line 16 employees who are new members as defined in Section 7522.04. line 17 (c) (1) Individuals who were employed by any public employer line 18 before January 1, 2013, and who became employed by a subsequent line 19 public employer for the first time on or after January 1, 2013, shall line 20 be subject to the retirement plan that would have been available line 21 to employees of the subsequent employer who were first employed line 22 by the subsequent employer on or before December 31, 2012, if line 23 the individual was subject to concurrent membership for which line 24 creditable service was performed in the previous six months or line 25 reciprocity established under any of the following provisions:
line 26 (A) Article 5 (commencing with Section 20350) of Chapter 3 line 27 of Part 3 of Division 5 of Title 2.
line 28 (B) Chapter 3 (commencing with Section 31450) of Part 3 of line 29 Division 4 of Title 3.
line 30 (C) Any agreement between public retirement systems to provide line 31 reciprocity to members of the systems.
line 32 (D) Section 22115.2 of the Education Code.
line 33 (2) An individual who was employed before January 1, 2013, line 34 and who, without a separation from employment, changed line 35 employment positions and became subject to a different defined line 36 benefit plan in a different public retirement system offered by their line 37 employer shall be subject to that defined benefit plan as it would line 38 have been available to employees who were first employed on or line 39 before December 31, 2012.
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line 1 (d) If a public employer, before January 1, 2013, offers a defined line 2 benefit pension plan that provides a defined benefit formula with line 3 a lower benefit factor at normal retirement age and results in a line 4 lower normal cost than the defined benefit formula required by line 5 this article, that employer may continue to offer that defined benefit line 6 formula instead of the defined benefit formula required by this line 7 article, and shall not be subject to the requirements of Section line 8 7522.10 for pensionable compensation subject to that formula. line 9 However, if the employer adopts a new defined benefit formula line 10 on or after January 1, 2013, that formula must conform to the line 11 requirements of this article or must be determined and certified by line 12 the retirement system’s chief actuary and the retirement board to line 13 have no greater risk and no greater cost to the employer than the line 14 defined benefit formula required by this article and must be line 15 approved by the Legislature. New members of the defined benefit line 16 plan may only participate in the lower cost defined benefit formula line 17 that was in place before January 1, 2013, or a defined benefit line 18 formula that conforms to the requirements of this article or is line 19 approved by the Legislature as provided in this subdivision. line 20 (e) If a public employer, before January 1, 2013, offers a line 21 retirement benefit plan that consists solely of a defined contribution line 22 plan, that employer may continue to offer that plan instead of the line 23 defined benefit pension plan required by this article. However, if line 24 the employer adopts a new defined benefit pension plan or defined line 25 benefit formula on or after January 1, 2013, that plan or formula line 26 must conform to the requirements of this article or must be line 27 determined and certified by the retirement system’s chief actuary line 28 and the system’s board to have no greater risk and no greater cost line 29 to the employer than the defined benefit formula required by this line 30 article and must be approved by the Legislature. New members of line 31 the employer’s plan may only participate in the defined line 32 contribution plan that was in place before January 1, 2013, or a line 33 defined contribution plan or defined benefit formula that conforms line 34 to the requirements of this article. This subdivision shall not be line 35 construed to prohibit an employer from offering a defined line 36 contribution plan on or after January 1, 2013, either with or without line 37 a defined benefit plan, whether or not the employer offered a line 38 defined contribution plan prior to that date.
line 39 (f) (1) If, on or after January 1, 2013, the Cities of Brea and line 40 Fullerton form a joint powers authority pursuant to the provisions 95 AB 1383 — 6 —
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line 1 of the Joint Exercise of Powers Act (Article 1 (commencing with line 2 Section 6500) of Chapter 5), that joint powers authority may line 3 provide employees the defined benefit plan or formula that those line 4 employees received from their respective employers prior to the line 5 exercise of a common power, to which the employee is associated, line 6 by the joint powers authority to any employee of the City of Brea, line 7 the City of Fullerton, or a city described in paragraph (2) who is line 8 not a new member and subsequently is employed by the joint line 9 powers authority within 180 days of the city providing for the line 10 exercise of a common power, to which the employee was line 11 associated, by the joint powers authority.
line 12 (2) On or before January 1, 2017, a city in Orange County that line 13 is contiguous to the City of Brea or the City of Fullerton may join line 14 the joint powers authority described in paragraph (1) but not more line 15 than three cities shall be permitted to join.
line 16 (3) The formation of a joint powers authority on or after January line 17 1, 2013, shall not act in a manner as to exempt a new employee line 18 or a new member, as defined by Section 7522.04, from the line 19 requirements of this article. New members may only participate line 20 in a defined benefit plan or formula that conforms to the line 21 requirements of this article.
line 22 (g) (1) If, on or after January 1, 2013, the Belmont Fire line 23 Protection District, the Estero Municipal Improvement District, line 24 and the City of San Mateo form a joint powers authority pursuant line 25 to the provisions of the Joint Exercise of Powers Act (Article 1 line 26 (commencing with Section 6500) of Chapter 5), that joint powers line 27 authority may provide employees the defined benefit plan or line 28 formula that those employees received from their respective line 29 employers prior to the exercise of a common power, to which the line 30 employee is associated, by the joint powers authority to any line 31 employee of the Belmont Fire Protection District, the Estero line 32 Municipal Improvement District, and the City of San Mateo who line 33 is not a new member and subsequently is employed by the joint line 34 powers authority within 180 days of the agency providing for the line 35 exercise of a common power, to which the employee was line 36 associated, by the joint powers authority.
line 37 (2) The formation of a joint powers authority on or after January line 38 1, 2013, shall not act in a manner as to exempt a new employee line 39 or a new member, as defined by Section 7522.04, from the line 40 requirements of this article. New members may only participate 95 — 7 — AB 1383
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line 1 in a defined benefit plan or formula that conforms to the line 2 requirements of this article.
line 3 (h) (1) On or after January 1, 2026, the Pajaro Regional Flood line 4 Management Agency, a joint powers authority formed pursuant line 5 to the provisions of the Joint Exercise of Powers Act (Chapter 5 line 6 (commencing with Section 6500)), may provide a defined benefit line 7 plan or formula pursuant to paragraph (2) to an employee of a line 8 member agency of the joint powers authority or of another public line 9 agency, as defined in Section 20056, who is not a new member line 10 and who is subsequently employed by the joint powers authority line 11 within 180 days of the effective date of the retirement plan contract line 12 amendment made pursuant to this section.
line 13 (2) On or before April 1, 2026, the Pajaro Regional Flood line 14 Management Agency may select a defined benefit plan or formula line 15 offered by one of its member agencies prior to the exercise of a line 16 common power which the member agency offered to its employees line 17 on December 31, 2012, and designate that formula for its line 18 employees as specified in paragraph (1).
line 19 (3) This subdivision does not exempt a new employee or a new line 20 member from the requirements of this article. New members may line 21 only participate in a defined benefit plan or formula that conforms line 22 to the requirements of this article.
line 23 (i) The Judges’ Retirement System and the Judges’ Retirement line 24 System II shall not be required to adopt the defined benefit formula line 25 required by Section 7522.20 or 7522.25 7522.20, 7522.25, or line 26 7522.26, or the compensation limitations defined in Section line 27 7522.10.
line 28 (j) This article shall not be construed to provide membership in line 29 any public retirement system for an individual who would not line 30 otherwise be eligible for membership under that system’s line 31 applicable rules or laws.
line 32 (k) On and after January 1, 2013, each public retirement system line 33 shall modify its plan or plans to comply with the requirements of line 34 this article and may adopt regulations or resolutions for this line 35 purpose.
line 36 (l) On and after January 1, 2024, a county and a trial court that line 37 separate their joint contract into individual contracts pursuant to line 38 Section 20471.2 may provide employees the defined benefit plan line 39 or formula that those employees received from their respective line 40 employers prior to the exercise of the option to separate, provided 95 AB 1383 — 8 —
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line 1 that the employee subsequently does not otherwise meet the line 2 definition of a new employee.
line 3 SEC. 2.
line 4 SEC. 3. Section 7522.10 of the Government Code is amended line 5 to read:
line 6 7522.10. (a) On and after January 1, 2013, each public line 7 retirement system shall modify its plan or plans to comply with line 8 the requirements of this section for each public employer that line 9 participates in the system.
line 10 (b) Whenever pensionable compensation, as defined in Section line 11 7522.34, is used in the calculation of a benefit, the pensionable line 12 compensation shall be subject to the limitations set forth in line 13 subdivision (c).
line 14 (c) (1) The For service performed on January 1, 2013, to line 15 December 31, 2026, inclusive, the pensionable compensation used line 16 to calculate the defined benefit paid to a new member who retires line 17 from the system shall not exceed the following applicable line 18 percentage of the contribution and benefit base specified in Section line 19 430(b) of Title 42 of the United States Code on January 1, 2013:
line 20 2013, as adjusted under paragraph (1) of subdivision (d):
line 21 (A) One hundred percent for a member whose service is included line 22 in the federal system.
line 23 (B) One hundred twenty percent for a member whose service line 24 is not included in the federal system.
line 25 (2) On For service performed on and after January 1, 2027, a line 26 retirement system subject to this article shall adjust the pensionable line 27 compensation limits established by this subdivision to be consistent line 28 with used to calculate the defined benefit paid to a new member line 29 who retires from the system shall not exceed the following line 30 applicable percentage of the contribution and benefit base specified line 31 in Section 430(b) of Title 42 of the United States Code on January line 32 1, 2027: 2027, as adjusted under paragraph (1) of subdivision (d):
line 33 (A) One hundred percent for a member whose service is included line 34 in the federal system.
line 35 (B) One hundred thirty-five percent for a member whose service line 36 is not included in the federal system.
line 37 (3) A new member of the State Teachers’ Retirement System line 38 shall be subject to the limit established pursuant to subdivision (d) line 39 of Section 22119.3 of, or subdivision (c) of Section 26139.5 of, line 40 the Education Code.
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line 1 (d) (1) The retirement system shall adjust the pensionable line 2 compensation described in subdivision (c) based on the annual line 3 changes to the Consumer Price Index for All Urban Consumers:
line 4 U.S. City Average, calculated by dividing the Consumer Price line 5 Index for All Urban Consumers: U.S. City Average, for the month line 6 of September in the calendar year preceding the adjustment by the line 7 Consumer Price Index for All Urban Consumers: U.S. City line 8 Average, for the month of September of the previous year rounded line 9 to the nearest thousandth. The adjustment shall be effective line 10 annually on January 1, beginning in 2014. 2014 for paragraph (1) line 11 of subdivision (c) and 2028 for paragraph (2) of subdivision (c). line 12 (2) The Legislature reserves the right to modify the requirements line 13 of this subdivision with regard to all public employees subject to line 14 this section, except that the Legislature may not modify these line 15 provisions in a manner that would result in a decrease in benefits line 16 accrued prior to the effective date of the modification. line 17 (e) A public employer shall not offer a defined benefit or any line 18 combination of defined benefits, including a defined benefit offered line 19 by a private provider, on compensation in excess of the limitation line 20 in subdivision (c).
line 21 (f) (1) Subject to the limitation in subdivision (c) of Section line 22 7522.42, a public employer may provide a contribution to a defined line 23 contribution plan for compensation in excess of the limitation in line 24 subdivision (c) provided the plan and the contribution meet the line 25 requirements and limits of federal law.
line 26 (2) A public employee who receives an employer contribution line 27 to a defined contribution plan shall not have a vested right to line 28 continue receiving the employer contribution.
line 29 (g) Any employer contributions to any employee defined line 30 contribution plan above the pensionable compensation limits in line 31 subdivision (c) shall not exceed the employer’s contribution rate, line 32 as a percentage of pay, required to fund the defined benefit plan line 33 for income subject to the limitation in subdivision (c) of Section line 34 7522.42.
line 35 (h) The retirement system shall limit the pensionable line 36 compensation used to calculate the contributions required of an line 37 employer or a new member to the amount of compensation that line 38 would be used for calculating a defined benefit as set forth in line 39 subdivision (c) or (d).
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line 1 SEC. 4. Section 7522.15 of the Government Code is amended line 2 to read:
line 3 7522.15. Except as provided in subdivisions (d) and (e) of line 4 Section 7522.02, each public employer and each public retirement line 5 system that offers a defined benefit plan shall offer only the defined line 6 benefit formulas established pursuant to Sections 7522.20 and line 7 7522.25 7522.20, 7522.25, and 7522.26 to new members. line 8 SEC. 3.
line 9 SEC. 5. Section 7522.19 is added to the Government Code, to line 10 read:
line 11 7522.19. (a) Notwithstanding any other law, provision of this line 12 article, a public employer and a recognized employee organization line 13 may negotiate a prospective increase to the retirement benefit line 14 formulas for safety members and new safety members, consistent line 15 with the formulas permitted under this article, including Section line 16 7522.26.
line 17 (b) Benefit formula increases adopted pursuant to this section line 18 shall be established in accordance with Section 7522.44. line 19 SEC. 4.
line 20 SEC. 6. Section 7522.25 of the Government Code is amended line 21 to read:
line 22 7522.25. (a) Each retirement system that offers a defined line 23 benefit plan for safety members of the system shall use one or line 24 more of the defined benefit formulas prescribed by this section. A line 25 member may retire for service under any of the formulas in this line 26 section after five years of service and upon reaching 50 years of line 27 age.
line 28 (b) The Basic Safety Plan shall provide a pension at retirement line 29 for service equal to the percentage of the member’s final line 30 compensation set forth opposite the member’s age at retirement, line 31 taken to the preceding quarter year, in the following table, line 32 multiplied by the number of years of service in the system as a line 33 safety member.
line 34
line 35 Age at Retirement Fraction
line 36 50 ......................................................................... 1.426 line 37 50 1.447 1
⁄4....................................................................... line 38 50 1.467 1
⁄2....................................................................... line 39 50 1.488 3
⁄4....................................................................... line 40 51 ......................................................................... 1.508 95 — 11 — AB 1383
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line 1 51 1.529 1
⁄4....................................................................... line 2 51 1.549 1
⁄2....................................................................... line 3 51 1.570 3
⁄4....................................................................... line 4 52 ......................................................................... 1.590 line 5 52 1.611 1
⁄4....................................................................... line 6 52 1.631 1
⁄2....................................................................... line 7 52 1.652 3
⁄4....................................................................... line 8 53 ......................................................................... 1.672 line 9 53 1.693 1
⁄4....................................................................... line 10 53 1.713 1
⁄2....................................................................... line 11 53 1.734 3
⁄4....................................................................... line 12 54 ......................................................................... 1.754 line 13 54 1.775 1
⁄4....................................................................... line 14 54 1.795 1
⁄2....................................................................... line 15 54 1.816 3
⁄4....................................................................... line 16 55 ......................................................................... 1.836 line 17 55 1.857 1
⁄4....................................................................... line 18 55 1.877 1
⁄2....................................................................... line 19 55 1.898 3
⁄4....................................................................... line 20 56 ......................................................................... 1.918 line 21 56 1.939 1
⁄4....................................................................... line 22 56 1.959 1
⁄2....................................................................... line 23 56 1.980 3
⁄4....................................................................... line 24 57 and over .......................................................... 2.000 line 25
line 26 (c) The Safety Option Plan One shall provide a pension at line 27 retirement for service equal to the percentage of the member’s line 28 final compensation set forth opposite the member’s age at line 29 retirement, taken to the preceding quarter year, in the following line 30 table, multiplied by the number of years of service in the system line 31 as a safety member.
line 32
line 33 Age at Retirement Fraction
line 34 50 ............................................................................... 2.000 line 35 50 2.018 1
⁄4............................................................................. line 36 50 2.036 1
⁄2............................................................................. line 37 50 2.054 3
⁄4............................................................................. line 38 51 ............................................................................... 2.071 line 39 51 2.089 1
⁄4............................................................................. line 40 51 2.107 1
⁄2............................................................................. 95 AB 1383 — 12 —
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line 1 51 2.125 3
⁄4............................................................................. line 2 52 ............................................................................... 2.143 line 3 52 2.161 1
⁄4............................................................................. line 4 52 2.179 1
⁄2............................................................................. line 5 52 2.196 3
⁄4............................................................................. line 6 53 ............................................................................... 2.214 line 7 53 2.232 1
⁄4............................................................................. line 8 53 2.250 1
⁄2............................................................................. line 9 53 2.268 3
⁄4............................................................................. line 10 54 ............................................................................... 2.286 line 11 54 2.304 1
⁄4............................................................................. line 12 54 2.321 1
⁄2............................................................................. line 13 54 2.339 3
⁄4............................................................................. line 14 55................................................................................. 2.357 line 15 55 2.375 1
⁄4............................................................................. line 16 55 2.393 1
⁄2............................................................................. line 17 55 2.411 3
⁄4............................................................................. line 18 56................................................................................. 2.429 line 19 56 2.446 1
⁄4............................................................................. line 20 56 2.464 1
⁄2............................................................................. line 21 56 2.482 3
⁄4............................................................................. line 22 57 and over.................................................................. 2.500 line 23
line 24 (d) The Safety Option Plan Two shall provide a pension at line 25 retirement for service equal to the percentage of the member’s line 26 final compensation set forth opposite the member’s age at line 27 retirement, taken to the preceding quarter year, in the following line 28 table, multiplied by the number of years of service in the system line 29 as a safety member.
line 30
line 31 Age at Retirement Fraction
line 32 50 .................................................................................... 2.000 line 33 50 2.025 1
⁄4.................................................................................. line 34 50 2.050 1
⁄2.................................................................................. line 35 50 2.075 3
⁄4.................................................................................. line 36 51 .................................................................................... 2.100 line 37 51 2.125 1
⁄4.................................................................................. line 38 51 2.150 1
⁄2.................................................................................. line 39 51 2.175 3
⁄4.................................................................................. line 40 52 .................................................................................... 2.200 95 — 13 — AB 1383
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line 1 52 2.225 1
⁄4.................................................................................. line 2 52 2.250 1
⁄2.................................................................................. line 3 52 2.275 3
⁄4.................................................................................. line 4 53 .................................................................................... 2.300 line 5 53 2.325 1
⁄4.................................................................................. line 6 53 2.350 1
⁄2.................................................................................. line 7 53 2.375 3
⁄4.................................................................................. line 8 54 .................................................................................... 2.400 line 9 54 2.425 1
⁄4.................................................................................. line 10 54 2.450 1
⁄2.................................................................................. line 11 54 2.475 3
⁄4.................................................................................. line 12 55 .................................................................................... 2.500 line 13 55 2.525 1
⁄4.................................................................................. line 14 55 2.550 1
⁄2.................................................................................. line 15 55 2.575 3
⁄4.................................................................................. line 16 56 .................................................................................... 2.600 line 17 56 2.625 1
⁄4.................................................................................. line 18 56 2.650 1
⁄2.................................................................................. line 19 56 2.675 3
⁄4.................................................................................. line 20 57 and over ..................................................................... 2.700 line 21
line 22 (e) On and after January 1, 2013, an employer shall offer one line 23 or more of the safety formulas prescribed by this section to new line 24 members who are safety employees. The formula offered shall be line 25 the formula that is closest to, and provides a lower benefit at 55 line 26 years of age than, the formula provided to members in the same line 27 retirement classification offered by the employer on December line 28 31, 2012.
line 29 (f) On and after January 1, 2013, an employer and its employees line 30 subject to Safety Option Plan One or Safety Option Plan Two may line 31 agree in a memorandum of understanding to be subject to Safety line 32 Option Plan One or the Basic Safety Plan, subject to the following:
line 33 (1) The lower plan shall apply to members first employed on line 34 or after the effective date of the lower plan, plan and shall be line 35 agreed to in a memorandum of understanding that has been line 36 collectively bargained in accordance with applicable laws. line 37 (2) A retirement plan contract amendment with a public line 38 retirement system to alter a retirement formula pursuant to this line 39 subdivision shall not be implemented by the employer in the 95 AB 1383 — 14 —
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line 1 absence of a memorandum of understanding that has been line 2 collectively bargained in accordance with applicable laws. line 3 (3) An employer shall not use impasse procedures to impose line 4 the lower plan.
line 5 (4) An employer shall not provide a different defined benefit line 6 for nonrepresented, managerial, or supervisory employees than line 7 the employer provides for other public employees, including line 8 represented employees, of the same employer who are in the same line 9 membership classifications.
line 10 (g) Pensionable compensation used to calculate the defined line 11 benefit shall be limited as described in Section 7522.10. line 12 (h) This section shall only apply to service performed between line 13 January 1, 2013, and December 31, 2026.
line 14 SEC. 5.
line 15 SEC. 7. Section 7522.26 is added to the Government Code, to line 16 read:
line 17 7522.26. (a) On and after January 1, 2027, each retirement line 18 system that offers a defined benefit plan for safety members of the line 19 system shall use one or more of the defined benefit formulas line 20 prescribed by this section. A member may retire for service under line 21 any of the formulas in this section after five years of service and line 22 upon reaching 50 years of age.
line 23 (b) The Basic Safety Plan shall provide a pension at retirement line 24 for service equal to the percentage of the member’s final line 25 compensation set forth opposite the member’s age at retirement, line 26 taken to the preceding quarter year, in the following table, line 27 multiplied by the number of years of service in the system as a line 28 safety member.
line 29
line 30
line 31 Age at Retirement Fraction
line 32 50 .......................................................................... 1.426 line 33 50 1.450 1
⁄4........................................................................ line 34 50 1.474 1
⁄2........................................................................ line 35 50 1.498 3
⁄4........................................................................ line 36 51 .......................................................................... 1.522 line 37 51 1.550 1
⁄4........................................................................ line 38 51 1.576 1
⁄2........................................................................ line 39 51 1.602 3
⁄4........................................................................ line 40 52 .......................................................................... 1.628 95 — 15 — AB 1383
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line 1
line 2 Age at Retirement Fraction
line 3 52 1.656 1
⁄4........................................................................ line 4 52 1.686 1
⁄2........................................................................ line 5 52 1.714 3
⁄4........................................................................ line 6 53 .......................................................................... 1.742 line 7 53 1.772 1
⁄4........................................................................ line 8 53 1.804 1
⁄2........................................................................ line 9 53 1.834 3
⁄4........................................................................ line 10 54 .......................................................................... 1.866 line 11 54 1.900 1
⁄4........................................................................ line 12 54 1.932 1
⁄2........................................................................ line 13 54 1.966 3
⁄4........................................................................ line 14 55 and over.............................................................. 2.000 line 15
line 16 (c) The Safety Option Plan One shall provide a pension at line 17 retirement for service equal to the percentage of the member’s line 18 final compensation set forth opposite the member’s age at line 19 retirement, taken to the preceding quarter year, in the following line 20 table, multiplied by the number of years of service in the system line 21 as a safety member.
line 22
line 23
line 24 Age at Retirement Fraction
line 25 50 .......................................................................... 2.000 line 26 50 2.025 1
⁄4........................................................................ line 27 50 2.050 1
⁄2........................................................................ line 28 50 2.075 3
⁄4........................................................................ line 29 51 .......................................................................... 2.100 line 30 51 2.125 1
⁄4........................................................................ line 31 51 2.150 1
⁄2........................................................................ line 32 51 2.175 3
⁄4........................................................................ line 33 52 .......................................................................... 2.200 line 34 52 2.225 1
⁄4........................................................................ line 35 52 2.250 1
⁄2........................................................................ line 36 52 2.275 3
⁄4........................................................................ line 37 53 .......................................................................... 2.300 line 38 53 2.325 1
⁄4........................................................................ line 39 53 2.350 1
⁄2........................................................................ line 40 53 2.375 3
⁄4........................................................................ 95 AB 1383 — 16 —
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line 1
line 2 Age at Retirement Fraction
line 3 54 .......................................................................... 2.400 line 4 54 2.425 1
⁄4........................................................................ line 5 54 2.450 1
⁄2........................................................................ line 6 54 2.475 3
⁄4........................................................................ line 7 55 and over.............................................................. 2.500 line 8
line 9 (d) The Safety Option Plan Two shall provide a pension at line 10 retirement for service equal to the percentage of the member’s line 11 final compensation set forth opposite the member’s age at line 12 retirement, taken to the preceding quarter year, in the following line 13 table, multiplied by the number of years of service in the system line 14 as a safety member.
line 15
line 16
line 17 Age at Retirement Fraction
line 18 50 .......................................................................... 2.000 line 19 50 2.035 1
⁄4........................................................................ line 20 50 2.070 1
⁄2........................................................................ line 21 50 2.105 3
⁄4........................................................................ line 22 51 .......................................................................... 2.140 line 23 51 2.175 1
⁄4........................................................................ line 24 51 2.210 1
⁄2........................................................................ line 25 51 2.245 3
⁄4........................................................................ line 26 52 .......................................................................... 2.280 line 27 52 2.315 1
⁄4........................................................................ line 28 52 2.350 1
⁄2........................................................................ line 29 52 2.385 3
⁄4........................................................................ line 30 53 .......................................................................... 2.420 line 31 53 2.455 1
⁄4........................................................................ line 32 53 2.490 1
⁄2........................................................................ line 33 53 2.525 3
⁄4........................................................................ line 34 54 .......................................................................... 2.560 line 35 54 2.595 1
⁄4........................................................................ line 36 54 2.630 1
⁄2........................................................................ line 37 54 2.665 3
⁄4........................................................................ line 38 55 and over.............................................................. 2.700 line 39
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line 1 (e) The Safety Option Plan Three shall provide a pension at line 2 retirement for service equal to the percentage of the member’s line 3 final compensation set forth opposite the member’s age at line 4 retirement, taken to the preceding quarter year, in the following line 5 table, multiplied by the number of years of service in the system line 6 as a safety member. For service subject to this subdivision, the line 7 benefit limit shall be 90 percent of final compensation. line 8
line 9
line 10 Age at Retirement Fraction
line 11 50 ........................................................................... 2.400 line 12 50 2.430 1
⁄4......................................................................... line 13 50 2.460 1
⁄2......................................................................... line 14 50 2.490 3
⁄4......................................................................... line 15 51 ........................................................................... 2.520 line 16 51 2.550 1
⁄4......................................................................... line 17 51 2.580 1
⁄2......................................................................... line 18 51 2.610 3
⁄4......................................................................... line 19 52 ........................................................................... 2.640 line 20 52 2.670 1
⁄4......................................................................... line 21 52 2.700 1
⁄2......................................................................... line 22 52 2.730 3
⁄4......................................................................... line 23 53 ........................................................................... 2.760 line 24 53 2.790 1
⁄4......................................................................... line 25 53 2.820 1
⁄2......................................................................... line 26 53 2.850 3
⁄4......................................................................... line 27 54 ........................................................................... 2.880 line 28 54 2.910 1
⁄4......................................................................... line 29 54 2.940 1
⁄2......................................................................... line 30 54 2.970 3
⁄4......................................................................... line 31 55 and over............................................................... 3.000 line 32
line 33 (f) For new members hired on or after January 1, 2027, who are line 34 safety members, an employer shall offer one or more of the safety line 35 formulas prescribed by this section to new members who are safety line 36 employees. The formula offered shall maintain the percentage of line 37 compensation factor offered as of December 31, 2026. the formula line 38 in this section that has the same fraction at age 55 as the fraction line 39 at age 57 in the formula the employer offered pursuant to Section line 40 7522.25 as of December 31, 2026, unless the employer and 95 AB 1383 — 18 —
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line 1 employees have agreed to a higher or lower safety plan pursuant line 2 to subdivisions (h) or (i).
line 3 (g) For new members hired on or after January 1, 2013, who line 4 are safety members, the employer shall adjust their formula as line 5 follows:
line 6 (1) For service performed between January 1, 2013, and line 7 December 31, 2026, the retirement age and formula shall be as line 8 offered by the employer between January 1, 2013, and December line 9 31, 2026, and subject to Section 7522.25.
line 10 (2) For service performed on or after January 1, 2027, the line 11 employer shall offer the formula in this section that is closest to line 12 has the same fraction at age 55 as the fraction at age 57 in the line 13 formula the employer provided offered pursuant to Section 7522.25. line 14 The formula offered shall maintain the percentage of compensation line 15 factor offered as of December 31, 2026. 2026, unless the employer line 16 and employees have agreed to a higher or lower safety plan line 17 pursuant to subdivisions (h) or (i).
line 18 (3) This section shall not be construed to provide retroactive line 19 benefits to employees. This section shall adjust the prospective line 20 benefit for safety employees by adjusting the retirement age to 55. line 21 (h) An employer and its employees may agree in a memorandum line 22 of understanding to be subject to a higher safety plan, subject to line 23 the following:
line 24 (1) The higher plan shall apply to members on or after the line 25 effective date of the higher plan, plan and shall be agreed to in a line 26 memorandum of understanding that has been collectively bargained line 27 in accordance with applicable laws.
line 28 (2) The higher plan adopted pursuant to this subdivision shall line 29 be subject to Section 7522.44.
line 30 (i) An employer and its employees may agree in a memorandum line 31 of understanding to be subject to a lower safety plan, subject to line 32 the following:
line 33 (1) The lower plan shall apply to members first employed on line 34 or after the effective date of the lower plan, plan and shall be line 35 agreed to in a memorandum of understanding that has been line 36 collectively bargained in accordance with applicable laws. line 37 (2) A retirement plan contract amendment with a public line 38 retirement system to alter a retirement formula pursuant to this line 39 subdivision shall not be implemented by the employer in the 95 — 19 — AB 1383
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line 1 absence of a memorandum of understanding that has been line 2 collectively bargained in accordance with applicable laws. line 3 (3) An employer shall not use impasse procedures to impose line 4 the lower plan.
line 5 (4) An employer shall not provide a different defined benefit line 6 for nonrepresented, managerial, or supervisory employees than line 7 the employer provides for other public employees, including line 8 represented employees, of the same employer who are in the same line 9 membership classifications.
line 10 (j) Pensionable compensation used to calculate the defined line 11 benefit shall be limited as described in Section 7522.10. line 12 (k) A safety member that is subject to a defined benefit formula line 13 prescribed by this section, who is not a new member, shall be line 14 subject to contribution rates established pursuant to Section line 15 7522.30.
line 16 SEC. 8. Section 20516 of the Government Code is amended to line 17 read:
line 18 20516. (a) Notwithstanding any other provision of this part, line 19 with or without a change in benefits, a contracting agency and its line 20 employees may agree, in writing, to share the costs of the employer line 21 contribution. The cost sharing pursuant to this section shall also line 22 apply for related nonrepresented employees as approved in a line 23 resolution passed by the contracting agency.
line 24 (b) The collective bargaining agreement or memorandum of line 25 understanding ratified by the employee bargaining unit and the line 26 governing body of the contracting agency shall specify the exact line 27 percentage of member compensation that shall be paid toward the line 28 current service cost of the benefits by members or the methodology line 29 for calculating that cost-sharing rate. The member contributions line 30 shall be contributions over and above normal contributions line 31 otherwise required by this part and shall be treated as normal line 32 contributions for all purposes of this part. The contributions shall line 33 be uniform, except as described in subdivision (c), with respect to line 34 all members within each of the following classifications: local line 35 miscellaneous members, local police officers, local firefighters, line 36 county peace officers, and all local safety members other than local line 37 police officers, local firefighters, and county peace officers. The line 38 balance of any costs shall be paid by the contracting agency and line 39 shall be credited to the employer’s account. An employer shall not 95 AB 1383 — 20 —
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line 1 use impasse procedures to impose member cost sharing on any line 2 contribution amount above that which is authorized by law. line 3 (c) Member cost sharing may differ by classification for groups line 4 of employees subject to different levels of benefits pursuant to line 5 Sections 7522.20, 7522.25, 7522.26, and 20475, or by a recognized line 6 collective bargaining unit if agreed to in a memorandum of line 7 understanding reached pursuant to the applicable collective line 8 bargaining laws.
line 9 (d) This section shall not apply to any contracting agency nor line 10 to the employees of a contracting agency until the agency elects line 11 to be subject to this section by contract or by amendment to its line 12 contract made in the manner prescribed for approval of contracts. line 13 Contributions provided by this section shall be withheld from line 14 member compensation or otherwise collected when the contract line 15 amendment becomes effective. Once the contracting agency elects line 16 to be subject to this section, contract amendments shall not be line 17 required to effectuate cost sharing in subsequent collective line 18 bargaining agreements or memoranda of understanding ratified line 19 by the employee bargaining unit and the governing body of the line 20 agency; provided, however, that if a collective bargaining line 21 agreement or memorandum of understanding sets forth a line 22 methodology for calculating the cost-sharing rate instead of an line 23 exact percentage, the contracting agency shall provide the line 24 retirement system with a signed side letter ratified by the employee line 25 bargaining unit and the agency indicating the exact percentage at line 26 least 90 days prior to the effective date of the cost-sharing rate as line 27 set forth in the signed side letter.
line 28 (e) For the purposes of this section, all contributions, liabilities, line 29 actuarial interest rates, and other valuation factors shall be line 30 determined on the basis of actuarial assumptions and methods that, line 31 in the aggregate, are reasonable and that, in combination, offer the line 32 actuary’s best estimate of anticipated experience under this system. line 33 (f) Nothing in this section shall preclude a contracting agency line 34 and its employees from independently agreeing in a memorandum line 35 of understanding to share the costs of any benefit, in a manner line 36 inconsistent with this section. However, any agreement in a line 37 memorandum of understanding that is inconsistent with this section line 38 shall not be part of the contract between this system and the line 39 contracting agency.
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line 1 (g) If, and to the extent that, the board determines that a line 2 cost-sharing agreement under this section would conflict with Title line 3 26 of the United States Code, the board may refuse to approve the line 4 agreement.
line 5 (h) Nothing in this section shall require a contracting agency to line 6 enter into a memorandum of understanding or collective bargaining line 7 agreement with a bargaining representative in order to increase line 8 the amount of member contributions when such a member line 9 contribution increase is authorized by other provisions under this line 10 part.
line 11 SEC. 6.
line 12 SEC. 9. It is the intent of the Legislature that this act shall not line 13 be construed to affect any retirement benefits or pension rights line 14 accrued before its effective date.
O
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AMENDED IN SENATE APRIL 28, 2026
AMENDED IN SENATE APRIL 20, 2026
AMENDED IN SENATE MARCH 25, 2026
SENATE BILL No. 866
Introduced by Senator Blakespear
January 5, 2026
An act to amend Section 65583 of the Government Code, relating to land use.
legislative counsel’s digest
SB 866, as amended, Blakespear. Planning and zoning: housing element: unhoused population.
The Planning and Zoning Law requires a city or county to adopt a general plan for land use development that includes, among other things, a housing element. Existing law requires the housing element to include, among other things, an assessment of housing needs and an inventory of resources and constraints that are relevant to meeting these needs.
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.
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For a local government that does not receive HHAP funding, this bill would require the assessment to include, among other things, specified data regarding the population of individuals who are unhoused and a description of key actions that will be taken to reduce individuals who are unhoused based on the data. By imposing additional duties on local governments, this bill would impose a state-mandated local program.
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. Section 65583 of the Government Code is line 2 amended to read:
line 3 65583. The housing element shall consist of an identification line 4 and analysis of existing and projected housing needs and a line 5 statement of goals, policies, quantified objectives, financial line 6 resources, and scheduled programs for the preservation, line 7 improvement, and development of housing. The housing element line 8 shall identify adequate sites for housing, including rental housing, line 9 factory-built housing, mobilehomes, and emergency shelters, and line 10 shall make adequate provision for the existing and projected needs line 11 of all economic segments of the community. The housing element line 12 shall contain all of the following:
line 13 (a) An assessment of housing needs, and an inventory of line 14 resources and constraints that are relevant to the meeting of those line 15 needs. The assessment and inventory shall include all of the line 16 following:
line 17 (1) An analysis of population and employment trends and line 18 documentation of projections and a quantification of the locality’s line 19 existing and projected housing needs for all income levels. These line 20 existing and projected needs shall include the locality’s share of line 21 the regional housing need in accordance with Section 65584. 96 SB 866 — 2 —
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line 1 (2) An analysis and documentation of household characteristics, line 2 including level of payment compared to ability to pay, housing line 3 characteristics, including overcrowding, and housing stock line 4 condition.
line 5 (3) An inventory of land suitable and available for residential line 6 development, including vacant sites and sites having realistic and line 7 demonstrated potential for redevelopment during the planning line 8 period to meet the locality’s housing need for a designated income line 9 level, and an analysis of the relationship of zoning and public line 10 facilities and services to these sites, and an analysis of the line 11 relationship of the sites identified in the land inventory to the line 12 jurisdiction’s duty to affirmatively further fair housing. line 13 (4) (A) The identification of one or more zoning designations line 14 that allow residential uses, including mixed uses, where emergency line 15 shelters are allowed as a permitted use without a conditional use line 16 or other discretionary permit and that are suitable for residential line 17 uses. The identified zoning designations shall include sufficient line 18 sites meeting the requirements of subparagraph (H) with sufficient line 19 capacity, as described in subparagraph (I), to accommodate the line 20 need for emergency shelter identified in paragraph (7), except that line 21 each local government shall identify a zoning designation or line 22 designations that can accommodate at least one year-round line 23 emergency shelter. If the local government cannot identify a zoning line 24 designation or designations with sufficient capacity, the local line 25 government shall include a program to amend its zoning ordinance line 26 to meet the requirements of this paragraph within one year of the line 27 adoption of the housing element. The local government may line 28 identify additional zoning designations where emergency shelters line 29 are permitted with a conditional use permit. The local government line 30 shall also demonstrate that existing or proposed permit processing, line 31 development, and management standards that apply to emergency line 32 shelters are objective and encourage and facilitate the development line 33 of, or conversion to, emergency shelters.
line 34 (B) Emergency shelters shall only be subject to the following line 35 written, objective standards:
line 36 (i) The maximum number of beds or persons permitted to be line 37 served nightly by the facility.
line 38 (ii) Sufficient parking to accommodate all staff working in the line 39 emergency shelter, provided that the standards do not require more 96 — 3 — SB 866
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line 1 parking for emergency shelters than other residential or commercial line 2 uses within the same zone.
line 3 (iii) The size and location of exterior and interior onsite waiting line 4 and client intake areas.
line 5 (iv) The provision of onsite management.
line 6 (v) The proximity to other emergency shelters, provided that line 7 emergency shelters are not required to be more than 300 feet apart. line 8 (vi) The length of stay.
line 9 (vii) Lighting.
line 10 (viii) Security during hours that the emergency shelter is in line 11 operation.
line 12 (C) For purposes of this paragraph, “emergency shelter” shall line 13 include other interim interventions, including, but not limited to, line 14 a navigation center, bridge housing, and respite or recuperative line 15 care, and all services provided onsite, including the addition or line 16 expansion of services that are consistent with any written, objective line 17 standards pursuant to subparagraph (B).
line 18 (D) The permit processing, development, and management line 19 standards applied under this paragraph shall not be deemed to be line 20 discretionary acts within the meaning of the California line 21 Environmental Quality Act (Division 13 (commencing with Section line 22 21000) of the Public Resources Code).
line 23 (E) If a local government has adopted written, objective line 24 standards pursuant to subparagraph (B), the local government shall line 25 include an analysis of the standards in the analysis of constraints line 26 pursuant to paragraph (5).
line 27 (F) A local government that can demonstrate, to the satisfaction line 28 of the department, the existence of one or more emergency shelters line 29 either within its jurisdiction or pursuant to a multijurisdictional line 30 agreement that can accommodate that jurisdiction’s need and the line 31 needs of the other jurisdictions that are a part of the agreement for line 32 emergency shelter identified in paragraph (7) may comply with line 33 the zoning requirements of subparagraph (A) by identifying a line 34 zoning designation where new emergency shelters are allowed line 35 with a conditional use permit.
line 36 (G) A local government with an existing ordinance or ordinances line 37 that comply with this paragraph shall not be required to take line 38 additional action to identify zoning designations for emergency line 39 shelters. The housing element must only describe how existing 96 SB 866 — 4 —
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line 1 ordinances, policies, and standards are consistent with the line 2 requirements of this paragraph.
line 3 (H) The zoning designation or designations where emergency line 4 shelters are allowed, as described in subparagraph (A), shall include line 5 sites that meet at least one of the following standards:
line 6 (i) Vacant sites zoned for residential use.
line 7 (ii) Vacant sites zoned for nonresidential use that allow line 8 residential development, if the local government can demonstrate line 9 how the sites with this zoning designation that are being used to line 10 satisfy the requirements of paragraph (1) are located near amenities line 11 and services that serve people experiencing homelessness, which line 12 may include health care, transportation, retail, employment, and line 13 social services, or that the local government will provide free line 14 transportation to services or offer services onsite. line 15 (iii) Nonvacant sites zoned for residential use or for line 16 nonresidential use that allow residential development that are line 17 suitable for use as a shelter in the current planning period, or which line 18 can be redeveloped for use as a shelter in the current planning line 19 period. A nonvacant site with an existing use shall be presumed line 20 to impede emergency shelter development absent an analysis based line 21 on substantial evidence that the use is likely to be discontinued line 22 during the planning period. The analysis shall consider current line 23 market demand for the current uses, market conditions, and line 24 incentives or standards to encourage shelter development. line 25 (I) The zoning designation or designations shall have sufficient line 26 sites meeting the requirements of subparagraph (H) to line 27 accommodate the need for shelters identified pursuant to paragraph line 28 (7). The number of people experiencing homelessness that can be line 29 accommodated on any site shall be demonstrated by dividing the line 30 square footage of the site by a minimum of 200 square feet per line 31 person, unless the locality can demonstrate that one or more line 32 shelters were developed on sites that have fewer square feet per line 33 person during the prior planning period or the locality provides line 34 similar evidence to the department demonstrating that the site can line 35 accommodate more people experiencing homelessness. Any line 36 standard applied pursuant to this subparagraph is intended only line 37 for calculating site capacity pursuant to this section, and shall not line 38 be construed as establishing a development standard applicable to line 39 the siting, development, or approval of a shelter. 96 — 5 — SB 866
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line 1 (J) Notwithstanding subparagraph (H), a local government may line 2 accommodate the need for emergency shelters identified pursuant line 3 to paragraph (7) on sites owned by the local government if it line 4 demonstrates with substantial evidence that the sites will be made line 5 available for emergency shelter during the planning period, they line 6 are suitable for residential use, and the sites are located near line 7 amenities and services that serve people experiencing line 8 homelessness, which may include health care, transportation, retail, line 9 employment, and social services, or that the local government will line 10 provide free transportation to services or offer services onsite. line 11 (5) An analysis of potential and actual governmental constraints line 12 upon the maintenance, improvement, or development of housing line 13 for all income levels, including the types of housing identified in line 14 paragraph (1) of subdivision (c), and for persons with disabilities line 15 as identified in the analysis pursuant to paragraph (7), including line 16 land use controls, building codes and their enforcement, site line 17 improvements, fees, and other exactions required of developers, line 18 local processing and permit procedures, historic preservation line 19 practices and policies policies, and an assessment of how existing line 20 and proposed historic designations affect the locality’s ability to line 21 meet its share of the housing need pursuant to paragraph (1), and line 22 any locally adopted ordinances that directly impact the cost and line 23 supply of residential development.
line 24 (A) The analysis shall also demonstrate local efforts to remove line 25 governmental constraints that hinder the locality from meeting its line 26 share of the regional housing need in accordance with Section line 27 65584 and from meeting the need for housing for persons with line 28 disabilities, supportive housing, transitional housing, and line 29 emergency shelters identified pursuant to paragraph (7). line 30 (B) (i) For adoption of the seventh and all subsequent revisions line 31 of the housing element, the analysis shall also include a potential line 32 and actual governmental constraints disclosure statement containing line 33 both of the following:
line 34 (I) An identification of each new or amended potential or actual line 35 governmental constraint, or revision increasing the stringency of line 36 a governmental constraint, adopted after the due date of the line 37 previous housing element and before submittal of the current draft line 38 housing element to the department.
line 39 (II) An identification of any new or amended potential or actual line 40 governmental constraint, or revision increasing the stringency of 96 SB 866 — 6 —
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line 1 a governmental constraint, that the governing body of the local line 2 government can anticipate adopting during the first three years of line 3 the planning period commencing on the date that a local agency’s line 4 housing element is considered to be in substantial compliance line 5 pursuant to Section 65585.03.
line 6 (ii) For the purposes of this subparagraph, “anticipate adopting” line 7 means a legislative body of the local government had, after the line 8 due date of the previous housing element and before submittal of line 9 the current draft housing element, identified in an agenda published line 10 by a legislative body of the local government pursuant to the Ralph line 11 M. Brown Act (Chapter 9 (commencing with Section 54950) of line 12 Part 1 of Division 2 of Title 5) an action to consider the adoption, line 13 amendment, or increase in the stringency of a potential or actual line 14 governmental constraint.
line 15 (iii) This subparagraph shall not be construed to prohibit a local line 16 government from adopting, amending, or increasing the stringency line 17 of a potential or actual governmental constraint regardless of line 18 whether it was included in a potential and actual governmental line 19 constraints disclosure statement pursuant to this subparagraph. line 20 (6) An analysis of potential and actual nongovernmental line 21 constraints upon the maintenance, improvement, or development line 22 of housing for all income levels, including the availability of line 23 financing, the price of land, the cost of construction, the requests line 24 to develop housing at densities below those anticipated in the line 25 analysis required by subdivision (c) of Section 65583.2, and the line 26 length of time between receiving approval for a housing line 27 development and submittal of an application for building permits line 28 for that housing development that hinder the construction of a line 29 locality’s share of the regional housing need in accordance with line 30 Section 65584. The analysis shall also demonstrate local efforts line 31 to remove nongovernmental constraints that create a gap between line 32 the locality’s planning for the development of housing for all line 33 income levels and the construction of that housing. line 34 (7) (A) An analysis of any special housing needs, such as those line 35 of the elderly; persons with disabilities, including a developmental line 36 disability, as defined in Section 4512 of the Welfare and line 37 Institutions Code; extremely low income households; large line 38 families; farmworkers; families with female heads of households; line 39 and families and persons in need of emergency shelter. The need line 40 for emergency shelter shall be assessed based on the capacity 96 — 7 — SB 866
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line 1 necessary to accommodate the most recent homeless point-in-time line 2 count conducted before the start of the planning period, the need line 3 for emergency shelter based on number of beds available on a line 4 year-round and seasonal basis, the number of shelter beds that go line 5 unused on an average monthly basis within a one-year period, and line 6 the percentage of those in emergency shelters that move to line 7 permanent housing solutions. The need for emergency shelter may line 8 be reduced by the number of supportive housing units that are line 9 identified in an adopted 10-year plan to end chronic homelessness line 10 and that are either vacant or for which funding has been identified line 11 to allow construction during the planning period. An analysis of line 12 special housing needs by a city or county may include an analysis line 13 of the need for frequent user coordinated care housing services. line 14 (B) For the seventh and subsequent revisions of the housing line 15 element, the analysis required in subparagraph (A) shall also line 16 include an analysis of the housing needs of acutely and extremely line 17 low income households.
line 18 (8) An analysis of opportunities for energy conservation with line 19 respect to residential development. Cities and counties are line 20 encouraged to include weatherization and energy efficiency line 21 improvements as part of publicly subsidized housing rehabilitation line 22 projects. This may include energy efficiency measures that line 23 encompass the building envelope, its heating and cooling systems, line 24 and its electrical system.
line 25 (9) An analysis of existing assisted housing developments that line 26 are eligible to change from low-income housing uses during the line 27 next 10 years due to termination of subsidy contracts, mortgage line 28 prepayment, or expiration of restrictions on use. “Assisted housing line 29 developments,” for the purpose of this section, shall mean line 30 multifamily rental housing that receives governmental assistance line 31 under federal programs listed in subdivision (a) of Section line 32 65863.10, state and local multifamily revenue bond programs, line 33 local redevelopment programs, the federal Community line 34 Development Block Grant Program, or local in-lieu fees. “Assisted line 35 housing developments” shall also include multifamily rental units line 36 that were developed pursuant to a local inclusionary housing line 37 program or used to qualify for a density bonus pursuant to Section line 38 65916.
line 39 (A) The analysis shall include a listing of each development by line 40 project name and address, the type of governmental assistance 96 SB 866 — 8 —
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line 1 received, the earliest possible date of change from low-income line 2 use, and the total number of elderly and nonelderly units that could line 3 be lost from the locality’s low-income housing stock in each year line 4 during the 10-year period. For purposes of state and federally line 5 funded projects, the analysis required by this subparagraph need line 6 only contain information available on a statewide basis. line 7 (B) The analysis shall estimate the total cost of producing new line 8 rental housing that is comparable in size and rent levels, to replace line 9 the units that could change from low-income use, and an estimated line 10 cost of preserving the assisted housing developments. This cost line 11 analysis for replacement housing may be done aggregately for line 12 each five-year period and does not have to contain a line 13 project-by-project cost estimate.
line 14 (C) The analysis shall identify public and private nonprofit line 15 corporations known to the local government that have legal and line 16 managerial capacity to acquire and manage these housing line 17 developments.
line 18 (D) The analysis shall identify and consider the use of all federal, line 19 state, and local financing and subsidy programs that can be used line 20 to preserve, for lower income households, the assisted housing line 21 developments, identified in this paragraph, including, but not line 22 limited to, federal Community Development Block Grant Program line 23 funds, tax increment funds received by a redevelopment agency line 24 of the community, and administrative fees received by a housing line 25 authority operating within the community. In considering the use line 26 of these financing and subsidy programs, the analysis shall identify line 27 the amounts of funds under each available program that have not line 28 been legally obligated for other purposes and that could be line 29 available for use in preserving assisted housing developments. line 30 (10) For a local government that does not receive funding line 31 pursuant to the Homeless Housing, Assistance, and Prevention line 32 program (Chapter 6 (commencing with Section 50216)) or the line 33 Regionally Coordinated Homelessness Housing, Assistance, and line 34 Prevention Program (Chapter 6.5 (commencing with Section line 35 50230) of Part 1 of Division 31 of the Health and Safety Code), line 36 all of the following, which shall be updated at least every two years line 37 following the completion of the point-in-time count:
line 38 (A) An itemized list of the specific federal, state, and local line 39 resources available to assist individuals who are unhoused, 96 — 9 — SB 866
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line 1 including interim and permanent housing, and mental and line 2 behavioral health services.
line 3 (B) A description of the actions taken by the local government line 4 to connect individuals who are unhoused to the resources described line 5 in subparagraph (A).
line 6 (C) (i) Most up-to-date data on the population of individuals line 7 who are unhoused, which shall include all of the following:
line 8 (I) The number of individuals who are unhoused. line 9 (II) The average length of time individuals are unhoused. line 10 (III) The number and percentage of individuals who are line 11 unhoused that moved into permanent housing.
line 12 (IV) The number of people who become unhoused after moving line 13 into permanent housing.
line 14 (V) The number of people who became unhoused for the first line 15 time.
line 16 (VI) The number of people who become unhoused after exiting line 17 institutional settings, including, but not limited to, jails, prisons, line 18 and hospitals.
line 19 (ii) The data specified in clause (i) shall be disaggregated by line 20 age, racial, and ethnic demographics.
line 21 (D) A description of key actions that will be taken to reduce line 22 individuals who are unhoused based on the data points described line 23 in subparagraph (C).
line 24 (E) Actions taken to coordinate with cities in the region, counties line 25 or council of governments, including entering into a memorandum line 26 of understanding as part of a regional action plan as required by line 27 the Homeless Housing, Assistance, and Prevention program line 28 (Chapter 6 (commencing with Section 50216) of Part 1 of Division line 29 1 of the Health and Safety Code), and identification and analysis line 30 of the specific roles and responsibilities regarding all of the line 31 following:
line 32 (i) Outreach and site coordination.
line 33 (ii) Siting and use of available land, the development of shelter, line 34 interim, and permanent housing options.
line 35 (iii) Coordination and connection with a county to the delivery line 36 of services to individuals who are unhoused, or at risk of becoming line 37 unhoused, including specifying roles and coordination plans in line 38 relation to accessing services provided by the Mental Health line 39 Services Act or Behavioral Health Services Act, within the region. 96 SB 866 — 10 —
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line 1 (F) Identification programs that prevent individuals from line 2 becoming unhoused and other actions taken to prevent vulnerable line 3 populations from becoming unhoused, such as current and former line 4 foster youth, veterans, persons exiting the judicial system, and line 5 persons with special housing needs.
line 6 (b) (1) A statement of the community’s goals, quantified line 7 objectives, and policies relative to affirmatively furthering fair line 8 housing and to the maintenance, preservation, improvement, and line 9 development of housing.
line 10 (2) It is recognized that the total housing needs identified line 11 pursuant to subdivision (a) may exceed available resources and line 12 the community’s ability to satisfy this need within the content of line 13 the general plan requirements outlined in Article 5 (commencing line 14 with Section 65300). Under these circumstances, the quantified line 15 objectives need not be identical to the total housing needs. The line 16 quantified objectives shall establish the maximum number of line 17 housing units by income category that can be constructed, line 18 rehabilitated, and conserved over a five-year time period. line 19 (c) A program that sets forth a schedule of actions during the line 20 planning period, each with a timeline for implementation, that may line 21 recognize that certain programs are ongoing, such that there will line 22 be beneficial impacts of the programs within the planning period, line 23 that the local government is undertaking or intends to undertake line 24 to implement the policies and achieve the goals and objectives of line 25 the housing element through the administration of land use and line 26 development controls, the provision of regulatory concessions and line 27 incentives, the utilization of appropriate federal and state financing line 28 and subsidy programs when available, and the utilization of moneys line 29 in a low- and moderate-income housing fund of an agency if the line 30 locality has established a redevelopment project area pursuant to line 31 the Community Redevelopment Law (Division 24 (commencing line 32 with Section 33000) of the Health and Safety Code). In order to line 33 make adequate provision for the housing needs of all economic line 34 segments of the community, the program shall do all of the line 35 following:
line 36 (1) Identify actions that will be taken to make sites available line 37 during the planning period with appropriate zoning and line 38 development standards and with services and facilities to line 39 accommodate that portion of the city’s or county’s share of the line 40 regional housing need for all income levels that could not be 96 — 11 — SB 866
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line 1 accommodated on sites identified in the inventory completed line 2 pursuant to paragraph (3) of subdivision (a) without rezoning, and line 3 to comply with the requirements of Section 65584.09. Sites shall line 4 be identified as needed to affirmatively further fair housing and line 5 to facilitate and encourage the development of a variety of types line 6 of housing for all income levels, including multifamily rental line 7 housing, factory-built housing, mobilehomes, housing for line 8 agricultural employees, supportive housing, single-room occupancy line 9 units, emergency shelters, and transitional housing. line 10 (A) Where the inventory of sites, pursuant to paragraph (3) of line 11 subdivision (a), does not identify adequate sites to accommodate line 12 the need for groups of all household income levels pursuant to line 13 Section 65584, a program for rezoning of those sites, subject to line 14 the following deadlines:
line 15 (i) For the adoption of the sixth revision of the housing element, line 16 jurisdictions with an eight-year housing element planning period line 17 pursuant to Section 65588, including adoption of minimum density line 18 and development standards or, for a jurisdiction in the coastal zone, line 19 any necessary local coastal program amendments related to land line 20 use designations, changes in intensity of land use, zoning line 21 ordinances, or zoning district maps, consistent with Sections 30512, line 22 30512.2, 30513, and 30514 of the Public Resources Code, shall line 23 be completed no later than three years after either the date the line 24 housing element is adopted pursuant to subdivision (f) of Section line 25 65585 or the date that is 90 days after receipt of comments from line 26 the department pursuant to subdivision (b) of Section 65585, line 27 whichever is earlier, unless the deadline is extended pursuant to line 28 subdivision (f). Notwithstanding the foregoing, for a local line 29 government that fails to adopt a housing element that the line 30 department has found to be in substantial compliance with this line 31 article within 120 days of the statutory deadline in Section 65588 line 32 for adoption of the housing element, rezoning of those sites, line 33 including adoption of minimum density and development standards line 34 or, for a jurisdiction in the coastal zone, any necessary local coastal line 35 program amendments related to land use designations, changes in line 36 intensity of land use, zoning ordinances, or zoning district maps, line 37 consistent with Sections 30512, 30512.2, 30513, and 30514 of the line 38 Public Resources Code, shall be completed no later than one year line 39 from the statutory deadline in Section 65588 for adoption of the line 40 housing element.
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line 1 (ii) For adoption of the seventh and all subsequent revisions of line 2 the housing element, rezonings shall be completed no later than line 3 one year from the statutory deadline in Section 65588 for adoption line 4 of the housing element.
line 5 (iii) Notwithstanding clause (ii), for the adoption of the seventh line 6 and all subsequent revisions of the housing element, rezonings line 7 shall be completed no later than three years and 90 days after the line 8 statutory deadline in Section 65588 for adoption of the housing line 9 element, unless the deadline is extended pursuant to subdivision line 10 (f). This clause shall apply only if the local government complies line 11 with all of the following:
line 12 (I) The local government submits a draft element or draft line 13 amendment to the department for review pursuant to paragraph line 14 (1) of subdivision (b) of Section 65585 at least 90 days before the line 15 statutory deadline established in Section 65588 for adoption of the line 16 housing element.
line 17 (II) The local government receives from the department findings line 18 that the draft element or draft amendment substantially complies line 19 with this article pursuant to paragraph (3) of subdivision (b) of line 20 Section 65585 on or before the statutory deadline set forth in line 21 Section 65588 for adoption of the housing element. line 22 (III) The local government adopts the draft element or draft line 23 amendment that the department found to substantially comply with line 24 this article no later than 120 days after the statutory deadline set line 25 forth in Section 65588.
line 26 (B) Where the inventory of sites, pursuant to paragraph (3) of line 27 subdivision (a), does not identify adequate sites to accommodate line 28 the need for groups of all household income levels pursuant to line 29 Section 65584, the program shall identify sites that can be line 30 developed for housing within the planning period pursuant to line 31 subdivision (h) of Section 65583.2. The identification of sites shall line 32 include all components specified in Section 65583.2. line 33 (C) Where the inventory of sites pursuant to paragraph (3) of line 34 subdivision (a) does not identify adequate sites to accommodate line 35 the need for farmworker housing, the program shall provide for line 36 sufficient sites to meet the need with zoning that permits line 37 farmworker housing use by right, including density and line 38 development standards that could accommodate and facilitate the line 39 feasibility of the development of farmworker housing for low- and line 40 very low income households.
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line 1 (2) (A) Assist in the development of adequate housing to meet line 2 the needs of extremely low, very low, low-, and moderate-income line 3 households.
line 4 (B) For the seventh and subsequent revisions of the housing line 5 element, the program shall also assist in the development of line 6 adequate housing to meet the needs of acutely low income line 7 households.
line 8 (3) Address and, where appropriate and legally possible, remove line 9 governmental and nongovernmental constraints to the maintenance, line 10 improvement, and development of housing, including housing for line 11 all income levels and housing for persons with disabilities. The line 12 program shall remove constraints to, and provide reasonable line 13 accommodations for housing designed for, intended for occupancy line 14 by, or with supportive services for, persons with disabilities. line 15 Transitional housing and supportive housing shall be considered line 16 a residential use of property and shall be subject only to those line 17 restrictions that apply to other residential dwellings of the same line 18 type in the same zone. Supportive housing, as defined in Section line 19 65650, shall be a use by right in all zones where multifamily and line 20 mixed uses are permitted, as provided in Article 11 (commencing line 21 with Section 65650).
line 22 (4) Conserve and improve the condition of the existing line 23 affordable housing stock, which may include addressing ways to line 24 mitigate the loss of dwelling units demolished by public or private line 25 action.
line 26 (5) Promote and affirmatively further fair housing opportunities line 27 and promote housing throughout the community or communities line 28 for all persons regardless of race, religion, sex, marital status, line 29 ancestry, national origin, color, familial status, or disability, and line 30 other characteristics protected by the California Fair Employment line 31 and Housing Act (Part 2.8 (commencing with Section 12900) of line 32 Division 3 of Title 2), Section 65008, and any other state and line 33 federal fair housing and planning law.
line 34 (6) Preserve for lower income households the assisted housing line 35 developments identified pursuant to paragraph (9) of subdivision line 36 (a). The program for preservation of the assisted housing line 37 developments shall utilize, to the extent necessary, all available line 38 federal, state, and local financing and subsidy programs identified line 39 in paragraph (9) of subdivision (a), except where a community has line 40 other urgent needs for which alternative funding sources are not 96 SB 866 — 14 —
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line 1 available. The program may include strategies that involve local line 2 regulation and technical assistance.
line 3 (7) Develop a plan that incentivizes and promotes the creation line 4 of accessory dwelling units that can be offered at affordable rent, line 5 as defined in Section 50053 of the Health and Safety Code, for line 6 very low, low-, or moderate-income households. For purposes of line 7 this paragraph, “accessory dwelling units” has the same meaning line 8 as “accessory dwelling unit” as defined in subdivision (a) of line 9 Section 66313.
line 10 (8) Include an identification of the agencies and officials line 11 responsible for the implementation of the various actions and the line 12 means by which consistency will be achieved with other general line 13 plan elements and community goals.
line 14 (9) Include a diligent effort by the local government to achieve line 15 public participation of all economic segments of the community line 16 in the development of the housing element, and the program shall line 17 describe this effort.
line 18 (10) (A) Affirmatively further fair housing in accordance with line 19 Chapter 15 (commencing with Section 8899.50) of Division 1 of line 20 Title 2. The program shall include an assessment of fair housing line 21 in the jurisdiction that shall include all of the following line 22 components:
line 23 (i) A summary of fair housing issues in the jurisdiction and an line 24 assessment of the jurisdiction’s fair housing enforcement and fair line 25 housing outreach capacity.
line 26 (ii) An analysis of available federal, state, and local data and line 27 knowledge to identify integration and segregation patterns and line 28 trends, racially or ethnically concentrated areas of poverty and line 29 affluence, disparities in access to opportunity, and disproportionate line 30 housing needs, including displacement risk. The analysis shall line 31 identify and examine such patterns, trends, areas, disparities, and line 32 needs, both within the jurisdiction and comparing the jurisdiction line 33 to the region in which it is located, based on race and other line 34 characteristics protected by the California Fair Employment and line 35 Housing Act (Part 2.8 (commencing with Section 12900) of line 36 Division 3 of Title 2) and Section 65008.
line 37 (iii) An assessment of the contributing factors, including the line 38 local and regional historical origins and current policies and line 39 practices, for the fair housing issues identified under clauses (i) line 40 and (ii).
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line 1 (iv) An identification of the jurisdiction’s fair housing priorities line 2 and goals, giving highest priority to those factors identified in line 3 clause (iii) that limit or deny fair housing choice or access to line 4 opportunity, or negatively impact fair housing or civil rights line 5 compliance, and identifying the metrics and milestones for line 6 determining what fair housing results will be achieved. line 7 (v) Strategies and actions to implement those priorities and line 8 goals, which may include, but are not limited to, enhancing line 9 mobility strategies and encouraging development of new affordable line 10 housing in areas of opportunity, as well as place-based strategies line 11 to encourage community revitalization, including preservation of line 12 existing affordable housing, and protecting existing residents from line 13 displacement.
line 14 (B) A jurisdiction that completes or revises an assessment of line 15 fair housing pursuant to Subpart A (commencing with Section line 16 5.150) of Part 5 of Subtitle A of Title 24 of the Code of Federal line 17 Regulations, as published in Volume 80 of the Federal Register, line 18 Number 136, page 42272, dated July 16, 2015, or an analysis of line 19 impediments to fair housing choice in accordance with the line 20 requirements of Section 91.225 of Title 24 of the Code of Federal line 21 Regulations in effect before August 17, 2015, may incorporate line 22 relevant portions of that assessment or revised assessment of fair line 23 housing or analysis or revised analysis of impediments to fair line 24 housing into its housing element.
line 25 (C) (i) The requirements of this paragraph shall apply to housing line 26 elements due to be revised pursuant to Section 65588 on or after line 27 January 1, 2021.
line 28 (ii) The assessment required pursuant to this paragraph shall be line 29 completed before the planning agency makes its first draft revision line 30 of a housing element available for public comment pursuant to line 31 subdivision (b) of Section 65585.
line 32 (D) (i) The department shall develop a standardized reporting line 33 format for programs and actions taken pursuant to this paragraph. line 34 The standardized reporting format shall enable the reporting of all line 35 of the assessment components listed in subparagraph (A) and, at line 36 a minimum, include all of the following fields:
line 37 (I) Timelines for implementation.
line 38 (II) Responsible party or parties.
line 39 (III) Resources committed from the local budget to affirmatively line 40 further fair housing.
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line 1 (IV) Action areas.
line 2 (V) Potential impacts of the program.
line 3 (ii) A local government shall utilize the standardized report line 4 format developed pursuant to this subparagraph for the seventh line 5 and each subsequent revision of the housing element. line 6 (d) (1) A local government may satisfy all or part of its line 7 requirement to identify a zone or zones suitable for the line 8 development of emergency shelters pursuant to paragraph (4) of line 9 subdivision (a) by adopting and implementing a multijurisdictional line 10 agreement, with a maximum of two other adjacent communities, line 11 that requires the participating jurisdictions to develop at least one line 12 year-round emergency shelter within two years of the beginning line 13 of the planning period.
line 14 (2) The agreement shall allocate a portion of the new shelter line 15 capacity to each jurisdiction as credit toward its emergency shelter line 16 need, and each jurisdiction shall describe how the capacity was line 17 allocated as part of its housing element.
line 18 (3) Each member jurisdiction of a multijurisdictional agreement line 19 shall describe in its housing element all of the following:
line 20 (A) How the joint facility will meet the jurisdiction’s emergency line 21 shelter need.
line 22 (B) The jurisdiction’s contribution to the facility for both the line 23 development and ongoing operation and management of the line 24 facility.
line 25 (C) The amount and source of the funding that the jurisdiction line 26 contributes to the facility.
line 27 (4) The aggregate capacity claimed by the participating line 28 jurisdictions in their housing elements shall not exceed the actual line 29 capacity of the shelter.
line 30 (e) Except as otherwise provided in this article, amendments to line 31 this article that alter the required content of a housing element line 32 shall apply to both of the following:
line 33 (1) A housing element or housing element amendment prepared line 34 pursuant to subdivision (e) of Section 65588 or Section 65584.02, line 35 when a city, county, or city and county submits a draft to the line 36 department for review pursuant to Section 65585 more than 90 line 37 days after the effective date of the amendment to this section. line 38 (2) Any housing element or housing element amendment line 39 prepared pursuant to subdivision (e) of Section 65588 or Section line 40 65584.02, when the city, county, or city and county fails to submit 96 — 17 — SB 866
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line 1 the first draft to the department before the due date specified in line 2 Section 65588 or 65584.02.
line 3 (f) The deadline for completing required rezoning pursuant to line 4 subparagraph (A) of paragraph (1) of subdivision (c) shall be line 5 extended by one year if the local government has completed the line 6 rezoning at densities sufficient to accommodate at least 75 percent line 7 of the units for lower income households and if the legislative line 8 body at the conclusion of a public hearing determines, based upon line 9 substantial evidence, that any of the following circumstances exists:
line 10 (1) The local government has been unable to complete the line 11 rezoning because of the action or inaction beyond the control of line 12 the local government of any other state, federal, or local agency. line 13 (2) The local government is unable to complete the rezoning line 14 because of infrastructure deficiencies due to fiscal or regulatory line 15 constraints.
line 16 (3) The local government must undertake a major revision to line 17 its general plan in order to accommodate the housing-related line 18 policies of a sustainable communities strategy or an alternative line 19 planning strategy adopted pursuant to Section 65080. line 20 The resolution and the findings shall be transmitted to the line 21 department together with a detailed budget and schedule for line 22 preparation and adoption of the required rezonings, including plans line 23 for citizen participation and expected interim action. The schedule line 24 shall provide for adoption of the required rezoning within one year line 25 of the adoption of the resolution.
line 26 (g) (1) If a local government fails to complete the rezoning by line 27 the deadline provided in subparagraph (A) of paragraph (1) of line 28 subdivision (c), as it may be extended pursuant to subdivision (f), line 29 except as provided in paragraph (2), a local government may not line 30 disapprove a housing development project, nor require a line 31 conditional use permit, planned unit development permit, or other line 32 locally imposed discretionary permit, or impose a condition that line 33 would render the project infeasible, if the housing development line 34 project, (A) is proposed to be located on a site required to be line 35 rezoned pursuant to the program action required by that line 36 subparagraph and, (B) complies with applicable, objective general line 37 plan and zoning standards and criteria, including design review line 38 standards, described in the program action required by that line 39 subparagraph. Any subdivision of sites shall be subject to the line 40 Subdivision Map Act (Division 2 (commencing with Section 96 SB 866 — 18 —
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line 1 66410)). Design review shall not constitute a “project” for purposes line 2 of Division 13 (commencing with Section 21000) of the Public line 3 Resources Code.
line 4 (2) A local government may disapprove a housing development line 5 described in paragraph (1) if it makes written findings supported line 6 by substantial evidence on the record that both of the following line 7 conditions exist:
line 8 (A) The housing development project would have a specific, line 9 adverse impact upon the public health or safety unless the project line 10 is disapproved or approved upon the condition that the project be line 11 developed at a lower density. As used in this paragraph, a “specific, line 12 adverse impact” means a significant, quantifiable, direct, and line 13 unavoidable impact, based on objective, identified written public line 14 health or safety standards, policies, or conditions as they existed line 15 on the date the application was deemed complete. line 16 (B) There is no feasible method to satisfactorily mitigate or line 17 avoid the adverse impact identified pursuant to paragraph (1), other line 18 than the disapproval of the housing development project or the line 19 approval of the project upon the condition that it be developed at line 20 a lower density.
line 21 (3) The applicant or any interested person may bring an action line 22 to enforce this subdivision. If a court finds that the local agency line 23 disapproved a project or conditioned its approval in violation of line 24 this subdivision, the court shall issue an order or judgment line 25 compelling compliance within 60 days. The court shall retain line 26 jurisdiction to ensure that its order or judgment is carried out. If line 27 the court determines that its order or judgment has not been carried line 28 out within 60 days, the court may issue further orders to ensure line 29 that the purposes and policies of this subdivision are fulfilled. In line 30 any such action, the city, county, or city and county shall bear the line 31 burden of proof.
line 32 (4) For purposes of this subdivision, “housing development line 33 project” means a project to construct residential units for which line 34 the project developer provides sufficient legal commitments to the line 35 appropriate local agency to ensure the continued availability and line 36 use of at least 49 percent of the housing units for very low, low-, line 37 and moderate-income households with an affordable housing cost line 38 or affordable rent, as defined in Section 50052.5 or 50053 of the line 39 Health and Safety Code, respectively, for the period required by line 40 the applicable financing.
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line 1 (h) An action to enforce the program actions of the housing line 2 element shall be brought pursuant to Section 1085 of the Code of line 3 Civil Procedure.
line 4 (i) Notwithstanding any other law, the otherwise applicable line 5 timeframe set forth in paragraph (2) of subdivision (b) and line 6 subdivision (d) of Section 21080.3.1 of the Public Resources Code, line 7 and paragraph (3) of subdivision (d) of Section 21082.3 of the line 8 Public Resources Code, for a Native American tribe to respond to line 9 a lead agency and request consultation in writing is extended by line 10 30 days for any housing development project application line 11 determined or deemed to be complete on or after March 4, 2020, line 12 and prior to December 31, 2021.
line 13 (j) On or after January 1, 2024, at the discretion of the line 14 department, the analysis of government constraints pursuant to line 15 paragraph (5) of subdivision (a) may include an analysis of line 16 constraints upon the maintenance, improvement, or development line 17 of housing for persons with a characteristic identified in subdivision line 18 (b) of Section 51 of the Civil Code. The implementation of this line 19 subdivision is contingent upon an appropriation by the Legislature line 20 in the annual Budget Act or another statute for this purpose. line 21 SEC. 2. The Legislature finds and declares that Section 1 of line 22 this act amending Section 65583 of the Government Code line 23 addresses a matter of statewide concern rather than a municipal line 24 affair as that term is used in Section 5 of Article XI of the line 25 California Constitution. Therefore, Section 1 of this act applies to line 26 all cities, including charter cities.
line 27 SEC. 3. No reimbursement is required by this act pursuant to line 28 Section 6 of Article XIIIB of the California Constitution because line 29 a local agency or school district has the authority to levy service line 30 charges, fees, or assessments sufficient to pay for the program or line 31 level of service mandated by this act, within the meaning of Section line 32 17556 of the Government Code.
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Cotati City Council
Agenda Staff Report
Item type: INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED To: City Council
Subject: INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED Date: May 26, 2026
Written by: Kevin Patterson, City Clerk
Recommendation
Information or written comments pertaining to this meeting, and which was received after the agenda was posted, is attached below.
Pursuant to City Council Policy 2025-03: City Council Rules section IV A., written Communications, interested persons or their authorized representative may address the Council by written communication on any matters concerning the City’s business, or any matters over which the Council has control.
1. To be considered for inclusion in the agenda packet, such written communication shall be delivered to the City Clerk no later than 11:00 a.m. of the Wednesday the week preceding the regular Council meeting for which such written communication is intended.
2. If received after the above date and time, but no later than noon the day before the meeting, written communications received by the City Clerk shall be posted on the website by the end of that day and notification provided to the electronic Agenda mailing list by the end of the day. All written communications received by the City Clerk by 5 pm on the City Council meeting day shall be made available to the City Council and public at the City Council meeting.
City Council Policy 2025-03 is available at the online meeting portal at www.cotaticity.gov or by request from the City Clerk at 707-665-3622 or [email protected]. 182 of 182