TO: City of Cupertino
Legislative Review Committee
FROM: Anthony, Jason, And Paul Gonsalves
SUBJECT: Consider adopting a support or watch position on AB 1857 (AguiarCurry) Unlawfully restrictive covenants: grocery stores and supermarkets DATE: August 17, 2026
The official text of AB 1857 (Aguiar-Curry) can be found at the California Legislative Information webpage.
Summary:
AB 1857 (Aguiar-Curry), as amended on June 15, 2026, seeks to increase access to grocery stores by invalidating restrictive covenants that prevent former grocery store sites from being reused as grocery stores or supermarkets. The bill makes void and unenforceable any covenant, restriction, or condition contained in a deed, lease, contract, or other instrument that prohibits or restricts the operation of a grocery store or supermarket on a property where one previously operated and has since closed. It also establishes a process for property owners, prospective tenants, and other interested parties to record a restrictive covenant modification that removes these restrictions from the property.
The bill includes findings that increasing grocery store access serves an important public purpose by promoting food security, public health, and economic development.
Support:
Cities: City of Escondido
Additional Support: California Food and Farming Network (co-sponsor), Economic Security California Action (co-sponsor), Acterra: Action for a Healthy Planet, Agricultural Institute of Marin, Alameda County Community Food Bank, Alchemist CDC, American Economic Liberties Project, Asian Pacific Islander Forward Movement, Californians for Disability Rights INC, Cameo Network, Casa Visco, Ceres Community Project, Community Alliance With Family Farmers, End Child Poverty CA Powered by Grace, Faacts (Food and Agriculture Action Coalition Toward Sovereignty), Farm2people, Food Access LA, Food Bank of Contra Costa and Solano, Food Empowerment Project, Food for People, Foodshed Coop, Fresh Approach, Fullwell, Glide Foundation, Health Right 360, Institute for Local Self-reliance, Los Angeles Community Action Network, Los Angeles Food Policy Council, National Right to Food Community of Practice, Native American Environmental Protection Coalition (NAEPC), Nextgen California, Nourish California, Nutrition and Fitness Collaborative of the Central Coast, Pesticide Action and Agroecology Network, Roots of Change, Sacramento Food Policy Council, San Diego Food System Alliance, San Diego Hunger Coalition, Second Harvest Food Bank of Orange County, Shalom Farms, Sierra Harvest, Sola Food Co-op, Techequity Action, Women Advancing Nutrition Dietetics and Agriculture (WANDA), World Be Well Organization, Yolo Food Hub Network Opposition:
None
Status:
AB 1857 was referred to the Appropriations Suspense File on August 3, 2026.
Legislative Platform:
This bill falls under the Economic Development and Fiscal Strategy section Page 4, Item #12, “Support legislation that preserves retail and commercial spaces.” Recommended Action:
Adopt one of the following positions on AB 1857:
1. Support and authorize the Mayor to send letters to the State Legislature.
2. Watch position.
The LRC could support this bill, based on the Legislative Platform, but it could also remain neutral as the measure has generated little engagement from cities or local government organizations. Given the limited concern and advocacy by peer cities, there is no compelling need for the City to take a formal position this late in the session.
Instead, the City can continue to monitor the legislation and reserve its advocacy resources for measures with more immediate or significant local impacts.