Attachment 3
created new mixed-use zoning districts that provide for consistency with mixed-use land use designations recently established (2020) in the General Plan.
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PUBLIC NOTICE
PUBLIC REVIEW PERIOD AND
PUBLIC HEARING TO BE HELD BY
THE CITY OF LAKE FOREST CITY COUNCIL
CDBG CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT
FOR THE PERIOD OF JULY 1, 2022 THROUGH JUNE 30, 2023
NOTICE IS HEREBY GIVEN: The City of Lake Forest has completed its draft Consolidated Annual Performance Evaluation Report ("CAPER") for Program Year 2022/2023. The CAPER describes the use of Community Development Block Grant (CDBG) and Community Development Block Grant-Coronavirus (CDBG-CV) funds received from the U.S. Department of Housing and Urban Development (HUD) and expended by the City of Lake Forest between July 1, 2022 and June 30, 2023 (Program Year 2022/2023).
Specifically, CDBG funds were expended for the following activities:
• Social Services • Housing Rehabilitation Programs
• Program Administration and Fair Housing
Advocacy
• Public Infrastructure and Facility
Improvements
• COVID-related Assistance • COVID-related facility improvements
All activities undertaken by the City are consistent with HUD national program objectives of providing decent housing, fair housing opportunities, public services, and other community development activities that primarily benefit low- and moderate-income persons. CDBG-CV funds have been used to prevent, prepare for, or respond to local impacts of the Coronavirus pandemic.
All persons interested in reviewing the draft 2022/2023 CAPER may do so from September 5, 2023 through September 19, 2023, online at www.lakeforestca.gov/854/Community- Development-Block-Grant or at Lake Forest City Hall, located at 100 Civic Center Drive, during regular business hours. Written comments or requests for additional information should be directed to Ron Santos – Senior Planner, 100 Civic Center Drive, Lake Forest, CA 92630, or [email protected] by 4:00 PM September 19, 2023.
NOTICE IS FURTHER GIVEN: The City Council will hold a Public Hearing to consider the draft CAPER.
Hearing Date: September 19, 2023
Hearing Time: 6:30 PM
Hearing Location: City of Lake Forest City Council Chambers 100 Civic Center Drive, Lake Forest, CA
Environmental Documentation: The activity is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) because the activity, which involves approval of an annual report, will not result in a direct or reasonably foreseeable indirect physical change in the environment; and 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
All persons either favoring or opposing this proposal are invited to present their views before or at this hearing. It is requested that any supportive documents and/or written comments be submitted prior to the public hearing.
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Agenda on the Internet: The meeting Agenda will be available on the City website at https://lakeforestca.gov/129/Agendas. You can access the document on the Friday before the meeting. The meeting will also be livestreamed on the City website.
Agenda Document Review: The full Agenda including all back up information will be available at City Hall, 100 Civic Center Drive, Lake Forest, California, on the Friday before the meeting.
Agenda Description: The Agenda descriptions are intended to give notice to members of the public of a general summary of items of business to be transacted or discussed. The listed Recommended Action represents the City staff's recommendation. The City Council may take any action which it deems to be appropriate on the agenda item and is not limited in any way by the recommended action.
Public Comment prior to meeting: Members of the public may submit email comments to [email protected] . Email comments will be uploaded to the agenda packet and made part of the official public record of the meeting and will not be read at the meeting. To ensure staff reviews all comments prior to the City Council meeting, please submit email comments no later than 5:00 p.m. the day of the meeting.
Public Comment at meeting: Members of the public may provide in-person, verbal comments for any item during the meeting. Those wishing to provide comments will be asked to fill out a speaker card and provide it to the City Clerk prior to the commencement of the meeting.
Any petition for judicial review of a decision of the Lake Forest City Council is controlled by the statute of limitations provisions set forth in Sections 2.50.010 and 2.50.020 of the Lake Forest Municipal Code ("LFMC") and Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. Any action or proceeding to attack, review, set aside, or void any decision of the Lake Forest City Council is controlled by Section 2.50.010 and Section 2.50.020 of the LFMC.
Any such action or proceeding that seeks judicial review of, attacks, or seeks to set aside or void any decision of the Lake Forest City Council shall be limited to those issues raised at the hearing described in this notice or in written correspondence delivered to the City Clerk, at, or prior to, the public hearing described in this notice, and must be commenced within the time limits specified in Chapter 2.50 of the LFMC.
WHO TO CONTACT FOR INFORMATION - For additional information, please contact Ron Santos – Senior Planner, at (949) 461-3449 or via e-mail at [email protected]
If you need special assistance to participate in this meeting, please contact the City Clerk at (949) 461-3420. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
/s/ Lisa Berglund, MPA
City Clerk
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SUMMARY OF PUBLIC COMMENTS
15-DAY COMMENT PERIOD
TBD
PUBLIC HEARING
TBD
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1 ATTACHMENT 3
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1 RESOLUTION NO. 2023-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
FOREST, CALIFORNIA, APPROVING THE FY 2022-2023
CONSOLIDATED ANNUAL PERFORMANCE EVALUATION
REPORT FOR THE CITY’S COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
WHEREAS, the City of Lake Forest (“City”) is an entitlement grantee participating in the Federal Community Development Block Grant (“CDBG”) program; and
WHEREAS, the City is required to annually submit a Consolidated Annual Performance Evaluation Report (“CAPER”) to the U.S. Department of Housing and Urban Development (“HUD”), and the purpose of the CAPER is to provide a detailed accounting of the City’s progress on CDBG funded activities for that given program year; and
WHEREAS, the City received $509,742 in CDBG funds for program year 2022-2023 and continued to expend CDBG-Coronavirus (“CDBG-CV”) and has or will spend the funds in accordance with the City’s approved Action Plan, which the City Council approved in May 2022.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE FOREST AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are incorporated herein and made an operative part of this Resolution.
SECTION 2. The City Council finds that this Resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines, as the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen 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.
SECTION 3. The City of Lake Forest prepared a CAPER for program year 2022-2023 and made it available for public review and comment for 15 days prior to Council review.
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1 SECTION 4. The City of Lake Forest City Council reviewed the CAPER at a duly noticed public meeting held on September 19, 2023, and provided the opportunity for public comment.
SECTION 5. The City of Lake Forest City Council hereby approves the City’s 2022-2023 CAPER on September 19, 2023.
SECTION 6. If any provision of this Resolution is held invalid, the remainder of this Resolution shall not be affected by such invalidity, and the provisions of this Resolution are severable.
SECTION 7. This Resolution shall become effective upon its adoption.
SECTION 8. The Mayor shall sign this Resolution and the City Clerk shall certify the adoption thereof.
PASSED, APPROVED AND ADOPTED this 19th day of September 2023 by the following vote, to wit:
DOUG CIRBO
MAYOR
ATTEST:
LISA BERGLUND, MPA
CITY CLERK
APPROVED AS TO FORM:
MATTHEW E. RICHARDSON
CITY ATTORNEY
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1 STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF LAKE FOREST )
I, Lisa Berglund, City Clerk of the City of Lake Forest, California, do hereby certify that the foregoing Resolution No. 2023-_____ was duly passed and adopted at a regular meeting of the Lake Forest City Council on the 19th day of September 2023, by the following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
_____________________________
LISA BERGLUND, MPA
CITY CLERK
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 9/19/2023
DEPARTMENT: City Manager
SUBJECT:
ANNUAL REVIEW OF DEVELOPMENT AGREEMENTS
RECOMMENDED ACTION(S):
1. Conduct the annual review of Development Agreements between the City and the following parties:
a. USA Portola Properties, LLC (“Baldwin”);
b. Landsea Holdings (“Landsea”);
c. Lennar Homes (“Lennar”);
d. Shea Homes (“Shea”);
e. Toll Brothers West, Inc. (“Toll Brothers”)
2. Find that Baldwin, Landsea, Lennar, Shea, and Toll Brothers are each in good faith compliance with their respective Development Agreements.
EXECUTIVE SUMMARY:
State law and the terms of the City’s Development Agreements ("DAs") require the City to conduct an annual review of active DAs for compliance with their respective terms and conditions. "Good faith compliance" is established if the owner complies with every term and condition of its DA. In conjunction with the City Attorney's Office, staff reviewed each of the DAs relative to the activity that occurred during the previous fiscal year to assess compliance. This report also provides a summary of the development activities associated with each property owner through Fiscal Year (“FY”) 2022-23. After conducting a review of each DA, staff recommends the City Council find each property owner to be in good faith compliance with the terms of their respective agreement.
The DAs enable the City to collectively seek reimbursement from the landowners for all costs associated with the annual review. Each year, the City escalates development fees as authorized in the Lake Forest Municipal Code and DAs. For example, the DA between Baldwin and the City specifies the annual adjustment is based on the Engineering News-Record (“ENR”) Building Cost Index for the Los Angeles Area. The annual adjustment, applicable to non-affordable housing in-lieu fees beginning July 1, 2023, is 7.8 percent. The DA between Toll Brothers and the City specifies the annual adjustment is based upon the change in the Consumer Price All Urban Index. The change beginning July 1, 2023, is 3.0 Item: 14
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percent for Toll Brothers. The amount due to the City is divided proportionately among the developers. Staff will provide each of the developers with a letter indicating the individual pro-rata share.
BACKGROUND:
Under Government Code Section 65865.1, the City must conduct an annual review of its DAs. During the review period, a property owner is required to establish good faith compliance with the terms and conditions of their DA. If the City Council finds and determines that an owner is not in good faith compliance, the City may terminate or modify the DA.
The City Council approved DAs with property owners in the Opportunities Studies Area dating back to 2008. Since 2009, the City Council has conducted annual reviews of active DAs. During each of these reviews, the City Council found that each firm has been in good faith compliance with its respective DA requirements and obligations. Table 1 outlines completed developments and corresponding final DA reviews, and therefore, are no longer subject to the Annual DA Review:
Table 1: Completed Developments
Developer Final Development
Agreement Review
KB Homes (Whisler Trust DA) 2013
Brookfield 2016
Trumark 2018
Shea/Baker Ranch Associates 2019
Toll Brothers (Parkside) 2019
Meritage Homes 2019
KB Homes (Portola Center Project) 2022
DISCUSSION:
This report includes the annual review of DAs active during FY 2022-23. The DAs require that the City notify the respective owners in writing at least 60 days prior to the date scheduled for annual review. Staff provided written notice of annual review to property owners on February 28, 2023. This DA review includes the following developers and related development projects:
• Portola Center – Baldwin and Landsea
• Serrano Summit – Lennar
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• Teresina – Shea
• The Meadows – Toll Brothers
Current development is in various stages and the requirements of each DA vary based on site-specific conditions or other timing factors associated with each development project. The attached matrix summarizes each development project for FY 2022-23 (Attachment). The following narrative outlines each development project and the total number of units and permits issued through FY 2022-23.
A. Portola Center
Staff found the developers of Portola Center in compliance with the DA. Portola Center totals nearly 196 acres, bifurcated by Glenn Ranch Road east to west and Saddleback Ranch Road north/Portola Oaks Drive south. The City Council previously approved the development of single-family and multi-family homes, a mixed-use building with senior affordable apartments and commercial retail space, public and private neighborhood parks, and public trails at Portola Center.
All single-family homes in Portola Center South have been constructed and sold.
All but one lot of single-family homes in Portola Center Northwest have been constructed and sold. Single-family units in Portola Center Northeast continue to be constructed. In addition, the mixed-use project consisting of senior affordable apartments and retail commercial space in Portola South continues to be constructed and is anticipated to be finalized in the next month.
Portola Center is generally separated into the three planning areas illustrated in Table 2 below.
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Table 2: Portola Center Planning Areas
Planning Area Developer Number/Type of Units Status
Portola Center
Northwest
Baldwin 81 single-family units 80 permits
issued to date
Portola Center
Northeast
Baldwin 223 single-family units 93 permits
issued to date
Portola Center South
Areas R-3, R-5,
R-6, and R-7
Landsea 230 single-family units
and 251 multi-family
condos (total of 481
units)
Construction
Complete
Area 4 KB Homes 83 single-family units Construction
Complete,
project closed
out
Senior affordable
apartments/retail
Baldwin
(Community
Housing
Works)
Mixed-use development
comprised of 57
affordable one-bedroom
apartments for senior
citizens, one apartment
for an on-site manager,
and 10,000 square feet
of commercial retail
space.
Construction
nearing
completion
Permit Status FY 2022-23:
Baldwin
Of the 362 total units approved for development by Baldwin, 231 units have either been built or are under construction, as follows:
• Portola Center Northwest (The Oaks): Baldwin has been issued 80 of its 81 single-family permits.1
• Portola Center Northeast (The Oaks): Baldwin has been issued 93 of the 223 total single-family units approved.
• Portola Center South (senior affordable apartments/retail): Baldwin has been working with affordable housing developer, Community Housing Works, to construct the senior affordable apartments. Construction of the 57 affordable senior apartments and one-market-rate unit, along with 10,000 square-feet of retail commercial on the first floor, is nearing completion. Completion is expected in the next month.
1 The 2021-22 DA Review indicated the Portola Center Northwest (The Oaks) project was built out with 81 single-family unit permits issued. This has been adjusted and updated in this report.
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Landsea
Of the 481 units approved for development by Landsea, all units have been built out. Based upon the completion of its development, staff found Landsea to be in good faith compliance with each of the requirements of the DA. As the project is complete, no further review is required in future years.
B. Serrano Summit – Lennar
Lennar has completed construction of all 537 units. Once the acceptance of streets is satisfied, the project will be considered complete and no further review would be required in future years. Staff found Lennar in compliance with its DA.
C. Teresina – Shea Homes
Shea Homes completed constructing homes during FY 2021-22. Once the acceptance of streets is satisfied, the project will be considered complete and no further review would be required in future years. Staff found Shea in compliance with its DA.
D. The Meadows – Toll Brothers
Toll Brothers is the developer for “The Meadows” community, which consists of a 126-acre site located at the southeast corner of Rancho Parkway and Bake Parkway. As approved by the City Council, this development will include single- family and multi-family (affordable senior) apartments, a public trail, and public and private neighborhood parks. Of the 541 single-family units approved, 481 single-family units are under construction or complete and occupied. The senior affordable apartment site has been rough graded in anticipation of commencing construction later this year.
Based on transactions between the Saddleback Valley Unified School District (“SVUSD”) and Toll Brothers, Toll Brothers is responsible to pay 125% of school fees. Staff confirmed Toll Brothers pays the SVUSD fees as building permits are issued. Staff found Toll Brothers in compliance with its DA.
Escalation of City Fees and Credits
Under the DAs, the City is required to apply a fee escalator to the costs of specified City fees and credits on July 1 of each year. The DA between Baldwin and the City specifies the annual adjustment is based on the ENR building Cost Index for the Los Angeles Area. The annual adjustment, applicable to non- affordable housing in-lieu fees beginning July 1, 2023, is 7.8 percent. The DA between Toll Brothers and the City specifies the annual adjustment is based Item: 14
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upon the change in the Consumer Price All Urban Index. The change beginning July 1, 2023, is 3.0 percent for Toll Brothers.
Subject to the City Council's final determination that the developers are in compliance with their respective DAs, staff would provide each landowner with a letter confirming the City's completion of the annual review process. In addition, the DAs require developers to share in the cost of conducting the annual review.
For this review period, the cost of the DA review totaled approximately $1,064.25. Staff will calculate each developer's pro-rated share based upon the total number of units approved within each DA and bill this amount to the developers.
FISCAL IMPACT:
There is no fiscal impact to the City associated with the review of the DAs. As specified in the DAs, the landowners will reimburse the City for costs associated with the preparation of the DA review. The reimbursement would be divided proportionately among the current developers.
ATTACHMENTS:
Development Agreement Matrix
Initiated By: Adrian Grijalva, Economic Development/Housing Manager Submitted By: Keith Neves, Assistant City Manager
Approved By: Debra Rose, City Manager
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ATTACHMENT
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Development Developer Agreement
Date
Units Approved in
DA
Actual Units Planned by
Developer
Permits Issued
through FY 2022-23
In
Compliance?
Comments
USA Portola
Properties, LLC
(Baldwin &
Sons)
8/1/2008 308 304 173 Yes Portola Center Northeast - 223 approved single- family homes. Developer has been issued 93
permits to date. The remaining area continues to
be graded and prepared for development.
Portola Center Northwest - The Developer has
been issued 80 permits, all prior to fiscal year
2019-2020. Portola Center Northwest has one
unit remaining.
USA Portola
Properties, LLC
(Baldwin &
Sons)
8/1/2008 58 (57 senior
affordable rental
units + 1 market
rate unit)
58 1 for 58 units Yes The building permit issued for 58 units also includes a 10,000 square foot commercial space
located in the mixed use site. The development is
nearing completion.
Landsea 12/1/2015 486 481 481 Yes Landsea has completed construction of all its 230 single-family homes and its 251 multi-family units
for a combined total of 481 units. No further
review is required in future years.
Serrano Summit Lennar Homes 9/1/2017 608 537 537 Yes
Construction is complete. Once the acceptance of
streets is satisfied, the project will be considered
complete and no further review would be
required in future years.
Teresina Shea Homes 4/16/2018 85 85 85 Yes
Construction is complete. Once the acceptance of
streets is satisfied, the project will be considered
complete and no further review would be
required in future years.
Toll Brothers 1/21/2020 675 541 481 Yes
Toll Brothers 1/21/2020 65 65 (senior affordable
rental units)
1 for 65 units Yes
Portola Center
Development Agreement ("DA") Matrix: Fiscal Year 2022-23 The Meadows All five single-family neighborhoods in The Meadows are actively under construction, as are
the five mini parks, two community parks, and
private recreation center. A rough grading permit
for the senior affordable apartment units has
been issued.
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 9/19/2023
DEPARTMENT: City Manager
SUBJECT:
LEGISLATIVE AND REGULATORY MATTERS
RECOMMENDED ACTION(S):
Receive and file a report summarizing legislative and regulatory matters with the potential to impact the City of Lake Forest.
EXECUTIVE SUMMARY:
As part of its Legislative Program, the City Council adopts a Legislative Platform before the State’s Legislative Session starts. This platform contains policy guidelines rooted in the preservation of local control and municipal financial independence. The City Council adopted the 2023 Legislative Platform (Attachment 1) on February 21, 2023.
This report provides a summary of proposed legislation with the potential to significantly impact the operational, financial position, or decision-making capacity of the City of Lake Forest. For each piece of legislation, the City’s position is described along with the status of the bill.
Assembly Bill 550
Staff Recommendation Position: Oppose
CalCities Position: Concerns
Status: Not passed
AB 550 would require cities and counties to agendize point in time (“PIT”) count results at a meeting of the city, county, or city and county. Both cities and counties would have to hold a public hearing to present the PIT data gathered and discuss plans to solve issues related to homelessness in that jurisdiction prior to January 1, 2026, and annually thereafter. Additionally, cities and counties are required to after six months of the public hearing to develop a plan to reduce homelessness within that jurisdiction.
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Assembly Bill 972
Staff Recommendation Position: Support
CalCities Position: Support
Status: Not passed
AB 972 would require the Governor’s Office of Planning and Research (“OPR”) to convene a specified statewide, cross-agency Local Assistance and Grant Program Streamlining Workgroup (“Workgroup”) by January 1, 2025, to centralize local assistance and develop a coordinated system to manage available state and federal funding, as specified. The workgroup must submit a report of findings, plans, and recommendations to the Legislature and Department of Finance (DOF) by June 30, 2026.
Assembly Bill 1166
Staff Recommended Position: Support
CalCities Position: Support
Result: Passed
This measure would provide that a person who, in good faith and not for compensation, renders emergency treatment at the scene of an opioid overdose or suspected opioid overdose by administering an opioid antagonist, as defined, is not liable for civil damages resulting from an act or omission, except as specified. The bill would also provide that a person who furnishes an opioid antagonist for use at the scene of an opioid overdose or suspected opioid overdose is not liable for civil damages resulting from an act or omission, except as specified.
Assembly Bill 1270
Staff Recommended Position: Support
CalCities Position: Watch
Result: Passed, awaiting Governor approval
AB 1270 would allow the City of Lake Forest’s successor agency to receive redevelopment property tax revenues directly from the County Auditor-Controller; like other successor agencies. By eliminating the requirement that the funds flow through the County successor agency this will eliminate administrative costs incurred by the County of Orange associated with operation of the County successor agency.
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Assembly Bill 1463
Staff Recommended Position: Oppose
CalCities Position: Concerns
Result: Not Passed
Current law requires automated license plate recognition (“ALPR”) operators and ALPR end-users, as those terms are defined, to implement usage and privacy policies and to maintain reasonable security procedures and practices regarding ALPR information, as specified. Current law requires the usage and privacy policy implemented by an ALPR operator or an ALPR end-user to include the length of time ALPR information will be retained and the process the ALPR operator or ALPR end-user will utilize to determine when to destroy retained ALPR information. This bill would require an ALPR operator or ALPR end-user that is a public agency, excluding an airport authority, to include in those policies, procedures, and practices a requirement that ALPR information that does not match information on a hot list, as defined, be purged in 30 days, as specified.
The bill would also prohibit those ALPR operators and end-users from accessing ALPR information that is older than 60 days, except as specified.
Assembly Bill 1572
Staff Recommended Position: Oppose Unless Amended Neutral CalCities Position: Neutral
Result: Passed, awaiting Governor approval
AB 1572 would prohibit the use of potable water to irrigate nonfunctional turf on commercial, municipal, institutional, and multifamily residential properties.
Restrictions would impact local governments beginning January 1, 2031, or when state-provided funding for turf conversions, whichever is later. AB 1572 has been amended several times and now includes reference to a funding component for local government turf conversions. As a result, staff recommends the position of “Neutral” on this bill.
Assembly Bill 1637
Staff Recommendation Position: Oppose
CalCities Position: Oppose
Result: Passed, awaiting Governor approval
This measure would, no later than January 1, 2029, require a local agency, as defined, that maintains an internet website for use by the public to ensure that the internet website utilizes a “.gov” top-level domain or a “.ca.gov” second-level domain and would require a local agency that maintains an internet website that Item: 15
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is noncompliant with that requirement to redirect that internet website to a domain name that does utilize a “.gov” or “.ca.gov” domain. This bill, no later than January 1, 2029, would also require a local agency that maintains public email addresses to ensure that each email address provided to its employees utilizes a “.gov” domain name or a “.ca.gov” domain name. By adding to the duties of local officials, the bill would impose a state-mandated local program.
Assembly Bill 1708
Staff Recommended Position: Support
CalCities Position: Support
Result: Not Passed
The Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014 statewide general election, defines and prohibits an act of shoplifting and prohibits prosecution for an act of shoplifting under any other law. This bill would refine the definition of shoplifting and would specifically exclude certain offenses from prosecution such as shoplifting, including, among others, the theft of a firearm or vehicle, identity theft, and credit card fraud.
Senate Bill 7
Staff Recommendation Position: Oppose
CalCities Position: Concerns
Result: Not Passed
This measure requires, on or after January 1, 2025, local governments to provide housing fit for habitation for homeless individuals within its jurisdiction based on a jurisdiction-specific point in time (“PIT”) count. Requires each locality to develop a housing obligation plan to fulfill its housing obligation to be updated annually and posted to a website.
Senate Bill 43
Staff Recommended Position: Support
CalCities Position: Support
Result: Pending Review in Final House
This measure modernizes the definition of "gravely disabled" within the Lanterman Petris-Short Act to include conditions that result in a substantial risk of serious harm to an individual's physical or mental health. This includes the inability to seek medical care, adequate shelter, or self-protection and safety.
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This bill argues conservatorship is occasionally the last resort to provide critical treatment to those who are gravely disabled. Individuals are the hardest to reach and often suffer from conditions that prevent them from being aware of the severity of their illness, and the current definition and interpretation of “gravely disabled” does not accurately reflect the realities being seen in communities and on the streets. SB 43 would also ensure an individual’s relevant medical history can be considered by the court in a uniform manner across the state and ensure that a complete and accurate picture is presented in court when considering the serious step of conservatorship.
Senate Bill 252
Staff Recommended Position: Oppose
CalCities Position: Oppose
Result: Not Passed
This bill would prohibit the boards of the Public Employees Retirement System and the State Teachers Retirement System from making new investments or renewing existing investments of public employee retirement funds in a fossil fuel company, as defined. The bill would require the boards to liquidate investments in a fossil fuel company on or before July 1, 2031. The bill would temporarily suspend the above-described liquidation provision upon a good faith determination by the board that certain conditions materially impact normal market mechanisms for pricing assets, as specified, and would make this suspension provision inoperative on January 1, 2035. The bill would provide that it does not require a board to take any action unless the board determines in good faith that the action is consistent with the board’s fiduciary responsibilities established in the California Constitution.
Senate Bill 363
Staff Recommended Position: Support
CalCities Position: Support
Status: Pending Review in Final House
This measure would require the State Department of Health Care Services to develop a database by 2025 to collect, aggregate, and display information about beds in inpatient psychiatric facilities, crisis stabilization units, community care facilities, and licensed residential alcoholism or drug abuse recovery or treatment facilities. This information would help provide timely access to care and increase coordination between service settings.
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Senate Bill 423
Staff Recommended Position: Oppose
CalCities Position: Oppose
Status: 09/01/2023 Read second time and amended. Ordered to second reading.
Result: Passed
This bill would modify and expand SB 35 provisions that allow certain multifamily housing developments to take advantage of a streamlined, ministerial approval process. Specifically, this bill would: 1) Extends the Jan. 1, 2026, sunset to Jan. 1, 2036. 2) Applies SB 35 provisions to the Coastal Zone. 3) Allows the State to approve housing developments on property they own or lease. 4) Prohibits a city from enforcing its inclusionary housing ordinance if the income limits are higher than those in SB 35.
This bill extends the sunset on SB 35, which expedites the approval of new homes.
Currently, California ranks 49th out of 50 states in per capita housing units. To help address this crisis, the Legislature passed SB 35 in 2017. The Terner Center reported that over 18,000 units have been proposed under SB 35, with 13,000 built. Although the bill has successfully increased affordable housing production, SB 35 under-performed producing market-rate housing, something this bill seeks to address.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
ATTACHMENTS:
1. 2023 Legislative Platform
2. Bill Texts
Initiated By: Hana Ebrahim, City Manager Intern
Submitted By: Sean McGovern, Assistant to the City Manager Approved By: Debra Rose, City Manager
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ATTACHMENT 1
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CITY OF LAKE FOREST
2023 LEGISLATIVE PLATFORM
The Legislative Platform (“Platform”) defines the City’s Policy guidelines and provides the foundation for advocacy efforts at the federal, state, and local levels.
Staff uses this Platform to identify relevant topic areas and subject matter, and makes recommendations to the City Council on specific legislation consistent with the policy guidelines. Additionally, in the event it is necessary for the City to respond to a legislative proposal in a timeframe that does not allow the City Council to take formal action, staff would express positions on bills in accordance with these guidelines, and then seek City Council direction at the appropriate time.
Policy Guidelines:
1. The City supports legislation that leads to greater financial independence from federal, state and/or county government, and protects local resources from seizure by federal, state and/or county agencies.
2. The City supports legislation maintaining maximum local flexibility in all areas of its responsibility and operations and opposes legislation that imposes intrusive, unnecessary or unfunded state-imposed mandates or preempts local authority.
3. The City supports legislation that advocates fair and proportionate representation on countywide and regional boards.
4. The City supports modification to the California Environmental Quality Act (“CEQA”) to eliminate duplicative and unnecessary provisions of the existing law.
5. The City supports efforts to reestablish the authority and financing capability previously afforded to local governments by redevelopment through legislation designed to support businesses through economic development and the City supports efforts to facilitate economic development efforts that enhance opportunities for local businesses.
6. The City supports legislative efforts that would amend existing law to ensure that prevailing wage rates do not impede its ability to pursue small-dollar projects and lower operating costs.
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7. The City supports efforts to amend the current occupancy calculation in the Uniform Housing Code (“UHC”) to achieve a more reasonable standard, thereby, improving the health, safety, and residential character of our community.
8. The City supports efforts, at both the federal and state level, to provide local agencies with regulatory tools related to short-term rentals and other uses in residential areas that have the ability to affect the quality of life.
9. The City supports bills that would lower taxation rates for businesses and residents.
10. The City supports religious freedom and legislation protecting religious freedom at both the state and federal level.
11. The City opposes legislation or policies that limit the type and or number of clean, renewable, sustainable energy sources available to consumers.
12. The City opposes legislation that makes the City more dependent on federal, state, and/or county government or agencies for policy direction.
13. The City opposes any legislation that is inconsistent with the doctrine of home rule, interferes with local exercise of police powers over local land use, or requires a federal, state, and/or county entity to develop model planning practices and policies.
14. The City opposes legislation or ballot initiatives that would alter the legislative intent of Proposition 13, including a split real-property tax roll that would affect commercial property and any amendment that would affect residential property.
15. The City opposes legislation to create new financial burdens or erode public safety through realignment implementation.
16. The City opposes legislation to limit the City’s ability to contract for municipal services.
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17. The City opposes legislation that seeks to impede the construction Portola Parkway and the construction of Foothill-South, the proposed extension of the 241 Toll Road south to the 1-5 near San Clemente.
18. The City Council opposes efforts by the State Legislature to assess taxes on public goods and services such as water and electricity.
19. The City opposes legislation that would lower the vote threshold as a method to impose new taxes or create new financing opportunities.
20. The City supports legislative efforts that reduce or delay the financial and compliance impacts of State-mandated organics recycling.
21. The City supports maximum flexibility with regard to expending grant funds that address economic recovery associated with public health declarations, natural disasters, and other emergencies.
22. The City will take into consideration the strategic goals adopted by the League of California Cities.
23. Staff is authorized to continue to advocate a position for a bill which has been amended into a new bill number as long as the language and intent remain substantially unchanged.
24. The City supports legislation that advances the practice or policy of favoring individuals in hiring and similar contexts based solely on their abilities and personal merits, including education, skills, experience, and other similar factors.
25. The City supports legislation that invests in, provides for the research of, and promotes desalination technologies for seawater, brackish water, and contaminated freshwater in order to develop and reclaim new water supplies.
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ATTACHMENT 2
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AMENDED IN ASSEMBLY APRIL 5, 2023
AMENDED IN ASSEMBLY MARCH 2, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 550
Introduced by Assembly Member Schiavo
(Coauthors: Assembly Members Addis, Bonta, J uan Carrillo, Gipson, Grayson, Haney , McCarty , Quirk-Silv a, Ramos, and Ting)
February 8, 2023
An act to add Section 50034 50035 to the Government Code, relating to homelessness.
legislative counsel’s digest
AB 550, as amended, Schiavo. Homelessness: public hearings. point-in-time count results: meetings.
Existing law, the Planning and Zoning Law, requires each city, county, and city and county to prepare and adopt a general plan that contains certain mandatory elements, including a housing element. Existing law requires the housing element to identify the e xisting and pr ojected housing needs of all economic segments of the community.
Existing federal law requires a continuum of care, a group organized under the federal McKinney-Vento Homeless Assistance Act, to develop a plan that includes planning for and conducting , at least biennially, a point-in-time count of homeless persons within the geographic area.
Existing law requires that information from the point-in-time count be used to, among other things, allocate funding for the Homeless Emergency Aid pr ogram and Homeless Housing , Assistance, and Prevention program.
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This bill would require a city, county, and city and county, within 60 days after the local continuum of car e r eleases the r esults of a point-in-time count for a city, county, or city and county’s jurisdiction, to, among other things, a gendize the point-in-time count r esults at a meeting of the city, county, or city and county and present the steps the city, county , or city and county is taking to pr event and end homelessness, including, but not limited to, consideration of specified actions. By imposing ne w duties on local a gencies, this bill would impose a state-mandated local program.
The bill would include findings that c hanges proposed by this bill address a matter of state wide concern rather than a municipal af fair and, therefore, apply to all cities, including charter cities.
The California Constitution r equires the state to r eimburse local agencies and school districts for certain costs mandated by the state .
Statutory pr ovisions establish pr ocedures for making that reimbursement.
This bill would pr ovide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state , reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law authorizes a county board of supervisors, by ordinance, to cause a v alidated census of the county or an y district therein to be taken in years other than those in which a census is taken by the United States that enumerates all the inhabitants of the county or district, as specified. Existing la w, the Planning and Zoning La w, requires each city, county, and city and county to prepare and adopt a general plan that contains certain mandatory elements, including a housing element.
Existing law requires the housing element to identify the e xisting and projected housing needs of all economic segments of the community.
This bill w ould require a city , county, and city and county , on or before January 1, 2025, and annually thereafter , to conduct a point-in-time count of homeless persons within that jurisdiction and, on or before January 1, 2026, and annually thereafter, to hold a public hearing to present the data g athered and discuss plans to solv e issues related to homelessness in that jurisdiction. The bill would require the city, county, and city and county to, at least 30 days before the public hearing, publish the results of the data g athered on that jurisdiction’s internet website and, within 6 months after the public hearing, to develop a plan to reduce homelessness within that jurisdiction. By requiring local agencies to conduct a point-in-time count of homeless persons 97 — 2 — AB 550
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and develop a plan to reduce homelessness, this bill w ould impose a state-mandated local program.
The California Constitution requires the state to reimb urse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 50035 is added to the Government Code, line 2 to read:
line 3 50035. (a) For purposes of this section, “continuum of care” line 4 and “point-in-time count” have the same meanings as defined by line 5 the United States Department of Housing and Urban Development line 6 at Section 578.3 of Title 24 of the Code of Federal Regulations. line 7 (b) Within 60 days after the local continuum of car e releases line 8 the results of a point-in-time count for a city , county, or city and line 9 county’s jurisdiction, a city, county, and city and county shall do line 10 all of the following:
line 11 (1) Agendize the point-in-time count results at a meeting of the line 12 city, county, or city and county . The results may be a gendized at line 13 a regular or special meeting.
line 14 (2) Designate a member of their staf f to present the results at line 15 the meeting, if a staff member from the local continuum of care is line 16 unable to present the results.
line 17 (3) At the meeting described in paragraph (1) or a subsequent line 18 meeting of the city , county, or city and county , present the steps line 19 the city, county, or city and county is taking to pr event and end line 20 homelessness, including, but not limited to, consider ation of all line 21 of the following:
line 22 (A) Making publicly owned land available for de velopment of line 23 affordable and supportive housing.
line 24 (B) Zoning to allow for the de velopment of af fordable, line 25 supportive, and interim housing.
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line 1 (C) Creating appropriate eviction protections and other tenant line 2 protections.
line 3 (D) Coordinating with neighboring cities, the county, or other line 4 governmental entities to ensure people in their jurisdiction have line 5 access to services and housing.
line 6 (E) Providing hygiene and sanitation services to people living line 7 unsheltered.
line 8 SEC. 2. The Legislature finds and declar es that Section 1 of line 9 this act adding Section 50035 to the Government Code addresses line 10 a matter of state wide concern r ather than a municipal af fair as line 11 that term is used in Section 5 of Article XI of the California line 12 Constitution. Therefore, Section 1 of this act applies to all cities, line 13 including charter cities.
line 14 SEC. 3. If the Commission on State Mandates determines that line 15 this act contains costs mandated by the state , reimbursement to line 16 local agencies and school districts for those costs shall be made line 17 pursuant to Part 7 (commencing with Section 17500) of Division line 18 4 of Title 2 of the Government Code.
line 19 SECTION 1. Section 50034 is added to the Government Code, line 20 to read:
line 21 50034. (a) On or before January 1, 2025, and annually line 22 thereafter, a city , county, and city and county shall conduct a line 23 point-in-time count of homeless persons within that jurisdiction. line 24 “Point-in-time count” means a count of sheltered and unsheltered line 25 homeless persons carried out on one night in the last 10 calendar line 26 days of January or at another time as specified by the jurisdiction. line 27 (b) On or before January 1, 2026, and annually thereafter , the line 28 city, county, and city and county shall hold a public hearing to line 29 present the data gathered pursuant to subdivision (a) and discuss line 30 plans to solve issues related to homelessness in that jurisdiction. line 31 (c) At least 30 days before the public hearing, the city, county, line 32 and city and county shall publish the results of the data g athered line 33 pursuant to subdivision (a) on that jurisdiction’s internet website. line 34 (d) Within six months after the public hearing, the city, county, line 35 and city and county shall de velop a plan to reduce homelessness line 36 within that jurisdiction.
line 37 SEC. 2. If the Commission on State Mandates determines that line 38 this act contains costs mandated by the state, reimb ursement to line 39 local agencies and school districts for those costs shall be made 97 — 4 — AB 550
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line 1 pursuant to Part 7 (commencing with Section 17500) of Division line 2 4 of Title 2 of the Government Code.
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AMENDED IN SENATE JUNE 29, 2023
AMENDED IN ASSEMBLY MAY 18, 2023
AMENDED IN ASSEMBLY MARCH 23, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 972
Introduced by Assembly Member Maienschein
February 14, 2023
An act to add Section 65040.16 to the Government Code, relating to local government.
legislative counsel’s digest
AB 972, as amended, Maienschein. Local Assistance and Grant Program Streamlining Workgroup.
Existing law establishes the Office of Planning and Research in the Governor’s office for the purpose of serving the Go vernor and the Governor’s cabinet as staf f for long-range planning and research and constituting the comprehensive state planning agency.
This bill w ould require the Office of Planning and Research, in consultation with the League of California Cities, the California State Association of Counties, and the California Special Districts Association, to convene a statewide, cross-agency Local Assistance and Grant Program Streamlining Workgroup, no later than January 1, 2025, to centralize local assistance and de velop a coordinated system to manage available state and federal funding to deli ver the maximum number of projects as efficiently as possible. The bill would require the Office of Planning and Research to appoint the w orkgroup members, as specified. The bill would require the workgroup to develop a report that includes the w orkgroup’s findings, plans, and recommendations
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for short-term, medium-term, and long-term goals, as specified, no later than June 30, 2026. The bill would require the report to be posted on the Office of Planning and Research’s internet website and require the workgroup to pro vide the report to the Department of Finance and relevant polic y and fiscal committees of the Le gislature. Subject to appropriation by the Le gislature, the bill w ould require the Office of Planning and Research and any other relevant state entities to implement the workgroup’s recommendations pursuant to the specified deadlines.
The bill would pr ohibit the implementation of the r ecommendations without an appropriation by the Legislature.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. (a) Local government assistance is a critical tool line 2 for advancing equity and shared state and local polic y goals by line 3 increasing access to state funding programs and other opportunities line 4 for the state’s most underresourced and historically underinvested line 5 communities. As such, it becomes increasingly necessary to line 6 coordinate and align local assistance resources to ensure that every line 7 community has the same opportunity to compete for the funding line 8 that is available to meet those goals.
line 9 (b) Local municipalities often lack the resources, staff capacity, line 10 implementation experience, and technical e xpertise to apply for line 11 and secure competiti ve state wide tar geted grant funding. line 12 Additionally, like other sectors, California cities local governments line 13 are facing staffing shortages, a wave of early retirement, and other line 14 workforce stressors on existing municipal staff. In order for cities line 15 local governments to effectively access state funding opportunities, line 16 streamlined application processes and rob ust, uniform local line 17 assistance from the state is crucial.
line 18 SEC. 2. Section 65040.16 is added to the Government Code, line 19 to read:
line 20 65040.16. (a) To confront the ef fects of fragmented, line 21 decentralized state funding opportunities and in recognition of the line 22 importance of state and local partnerships, the Office of Planning line 23 and Research shall, in consultation with the League of California line 24 Cities, the California State Association of Counties, and the line 25 California Special Districts Association, con vene a state wide, 96 — 2 — AB 972
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line 1 cross-agency Local Assistance and Grant Program Streamlining line 2 Workgroup, no later than January 1, 2025, to centralize local line 3 assistance and develop a coordinated system to manage available line 4 state and federal funding to deli ver the maximum number of line 5 projects as efficiently as possible.
line 6 (b) The w orkgroup shall prioritize the unique needs of line 7 underresourced and disadv antaged communities and shall tak e line 8 into consideration achieving more equitable distribution of funding. line 9 (c) The workgroup members shall be appointed by the Office line 10 of Planning and Research and serve without compensation. line 11 (1) The workgroup members shall include, but are not limited line 12 to, representatives from the following entities and stakeholders:
line 13 (A) The Office of Planning and Research.
line 14 (B) The California En vironmental Protection Agency and, as line 15 necessary and appropriate as deemed by the w orkgroup chair , line 16 representatives of its boards, departments, and offices. line 17 (C) The Natural Resources Agency and, as necessary and line 18 appropriate as deemed by the w orkgroup chair, its departments, line 19 representatives of its conservancies, and commissions. line 20 (D) The Department of Finance.
line 21 (E) The Department of Technology.
line 22 (F) A city with a population of fewer than 50,000. line 23 (G) A city with a population between 50,000 and 149,999. line 24 (H) A city with a population between 150,000 and 249,999. line 25 (I) A city with a population of more than 250,000. line 26 (J) A rural city.
line 27 (K) A suburban city.
line 28 (L) An urban city.
line 29 (M) The League of California Cities.
line 30 (N) A county with a population of fewer than 75,000. line 31 (O) A county with a population between 75,000 and 249,999. line 32 (P) A county with a population between 250,000 and 749,999. line 33 (Q) A county with a population of more than 750,000. line 34 (R) A rural county.
line 35 (S) A suburban county.
line 36 (T) An urban county.
line 37 (U) The California State Association of Counties. line 38 (V) The California Special Districts Association. line 39 (2) The workgroup members may include, b ut are not limited line 40 to, other partners or representati ves of entities in volved in grant 96 AB 972 — 3 —
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line 1 application development, project management, implementation, line 2 and monitoring, as needed.
line 3 (3) The workgroup shall be chaired by the representative from line 4 the Office of Planning and Research.
line 5 (d) The workgroup shall meet as often as is necessary to develop line 6 robust, informed plans and recommendations and is disbanded as line 7 of June 30, 2026.
line 8 (e) The w orkgroup shall consider , b ut is not limited to, line 9 developing plans and recommendations that accomplish an y of line 10 the following:
line 11 (1) Creation, coordination, and implementation of an integrated, line 12 statewide, centralized program for assistance and training to local line 13 governments in grant application de velopment, project line 14 management, implementation, and monitoring.
line 15 (2) Identify substantially similar state climate resilienc y and line 16 other environmental or natural resources programs to enable the line 17 state to implement a single application, with aligned scoring criteria line 18 and deadlines, for making coordinated awards under all programs, line 19 pursuant to the timeline included in subdivision (f). line 20 (3) Identify information technology solutions to impro ve line 21 processes, support uniform applications, and manage data. line 22 (f) The w orkgroup shall de velop a report that includes the line 23 workgroup’s findings, plans, and recommendations no later than line 24 June 30, 2026. The report shall include all of the following:
line 25 (1) Short-term solutions that can be accomplished by January line 26 31, 2027.
line 27 (2) Medium-term solutions that can be accomplished by July line 28 1, 2027.
line 29 (3) Long-term solutions that can be accomplished by July 1, line 30 2028.
line 31 (g) The w orkgroup shall post the report on the Office of line 32 Planning and Research’s internet website and pro vide the report line 33 to the Department of Finance and rele vant polic y and fiscal line 34 committees of the Legislature.
line 35 (h) Subject to appropriation by the Le gislature, the Office of line 36 Planning and Research and an y other relevant state entities shall line 37 implement the w orkgroup’s recommendations pursuant to the line 38 deadlines included in subdi vision (f). The workgr oup’s line 39 recommendations pursuant to the report described in subdivision 96 — 4 — AB 972
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line 1 (f) shall not be implemented without an appr opriation by the line 2 Legislature.
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AMENDED IN ASSEMBLY MARCH 23, 2023
AMENDED IN ASSEMBLY MARCH 16, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 1270
Introduced by Assembly Member Dixon
February 16, 2023
An act to amend Section 34182.1 of the Health and Safety Code, relating to redevelopment.
legislative counsel’s digest
AB 1270, as amended, Dixon. Redevelopment: successor agenc y:
City of Lake Forest.
Existing la w dissolv ed rede velopment agencies and community development agencies as of February 1, 2012, and pro vides for the designation of successor agencies to, among other things, wind do wn the affairs of the dissolved redevelopment agencies and make payments due for enforceable oblig ations. In that re gard, existing law requires the county auditor -controller to create within the county treasury a Redevelopment Property Tax Trust Fund (Fund) for the property tax revenues related to each former redevelopment agency for administration by the county auditor-controller.
Existing law requires the Orange County Auditor Controller to allocate property tax revenues attributable to the El Toro Project Area between the Fund established for the former Orange County De velopment Agency and the Fund established for the former Lak e F orest Redevelopment Agency, as pro vided, to implement a specified agreement that transferred territorial jurisdiction of the El Toro Project
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Area from the Orange County Rede velopment Agency to the Lak e Forest Redevelopment Agency.
This bill would instead require the Orange County Auditor Controller Controller, upon r eceipt of the final r esolution of dissolution for the successor agency to the former Or ange County Development Agency, to allocate property tax revenues attributable to the El Toro Project Area to the Fund established for the former Lak e F orest Rede velopment Agency. By revising the duties of local go vernment officials, the bill would impose a state-mandated local program.
Existing law g enerally r equires a successor a gency to submit a Recognized Obligation Payment Schedule to certain entities, including the Department of Finance, and requires the successor agency to make payments pursuant to that schedule. When all enforceable obligations have been retired or paid of f, all real property has been disposed of , and all outstanding litigation has been resolved, existing law requires the successor a gency to submit a r equest to formally dissolve to its oversight board, which is required to approve the request and submit it to the department for approval, as specified.
Under this bill, the allocation of revenues into the Fund established for the former Lak e Forest Rede velopment Agency pur suant to the transfer agreement and the listing of those payments by the successor agency to the Orange County Development Agency on its Recognized Obligation Payment Schedule would not pr eclude the appr oval of a request for dissolution of the successor a gency to the Orange County Development Agency.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Lake Forest.
The California Constitution requires the state to reimb urse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
97 — 2 — AB 1270
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The people of the State of California do enact as follows:
line 1 SECTION 1. Section 34182.1 of the Health and Safety Code line 2 is amended to read:
line 3 34182.1. (a) The Orange County Auditor Controller shall line 4 allocate property tax revenues attributable to the El Toro Project line 5 Area to the Redevelopment Property Tax Trust Fund established line 6 for the former Lake Forest Redevelopment Agency. line 7 (b) The Orange County Auditor-Controller shall allocate money line 8 in the Rede velopment Property Tax Trust Fund for the former line 9 Lake Forest Redevelopment Agency in accordance with Section line 10 34183.
line 11 (c) This section is intended to implement the transfer agreement line 12 in light of the enactment of P art 1.8 (commencing with Section line 13 34161) and this part and the dissolution of the successor agenc y line 14 to the former Orange County Development Agency. line 15 (d) For purposes of this section, both of the following definitions line 16 shall apply:
line 17 (1) “El Toro Project Area” means the portion of the former line 18 Orange County Development Agency’s Neighborhood Preservation line 19 and Development Project Area that w as transferred to the Lak e line 20 Forest Redevelopment Agency pursuant to the transfer agreement line 21 and Sections 33216 and 33216.1.
line 22 (2) “Transfer agreement” means the Agreement to Transfer line 23 Territorial Jurisdiction of a Noncontiguous Portion of a line 24 Redevelopment Project Area dated as of July 6, 1999, entered into line 25 among the County of Orange, the Orange County De velopment line 26 Agency, the City of Lake Forest, the Lake Forest Redevelopment line 27 Agency, and the City of Laguna Hills.
line 28 SECTION 1. Section 34182.1 of the Health and Safety Code line 29 is amended to read:
line 30 34182.1. (a) The Until a final resolution of dissolution for the line 31 successor a gency to the former Or ange County De velopment line 32 Agency has been submitted to the Or ange County Auditor line 33 Controller pursuant to subdivision (f) of Section 34187, the Orange line 34 County Auditor Controller shall allocate property tax re venues line 35 attributable to the El Toro Project Area between the Redevelopment line 36 Property Tax Fund established for the former Orange County line 37 Development Agency and the Redevelopment Property Tax Trust 97 AB 1270 — 3 —
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line 1 Fund established for the former Lak e F orest Rede velopment line 2 Agency as provided in subdivision (b). follows:
line 3 (b) (1)
line 4 (1) All property tax revenues deposited by the Orange County line 5 Auditor Controller pursuant to paragraph (1) of subdivision (c) of line 6 Section 34182 during each fiscal year that are attrib utable to the line 7 Neighborhood Preserv ation and De velopment Project Area, line 8 including the El Toro Project Area, shall initially be placed into line 9 the Redevelopment Property Tax Trust Fund for the former Orange line 10 County Development Agency.
line 11 (2) After deducting the administrati ve costs allo wed under line 12 Section 34182 and Section 95.3 of the Revenue and Taxation Code, line 13 as described in subdivision (a) of Section 34183, and remitting the line 14 amounts required under paragraph (1) of subdivision (a) of Section line 15 34183, the Orange County Auditor Controller shall transfer the line 16 sum of both of the following, determined for the entire fiscal year, line 17 into the redevelopment obligation retirement fund of the successor line 18 agency to the Orange County Development Agency for distribution line 19 as required by law and applicable bond covenants:
line 20 (A) The amount required by Section 33670.9.
line 21 (B) All other obligations secured by a prior claim on, or pledge line 22 of, moneys in the Redevelopment Property Tax Trust Fund of the line 23 former Orange County De velopment Agency, including tax line 24 allocation bonds, as applicable, that are payable on a basis prior line 25 to any transfer to the former Lake Forest Redevelopment Agency line 26 pursuant to the transfer agreement or pursuant to P art 1.8 line 27 (commencing with Section 34161), this part, or other law. line 28 (3) After depositing the amount described in paragraph (2) into line 29 the rede velopment oblig ation retirement fund of the successor line 30 agency to the Orange County De velopment Agency, the Orange line 31 County Auditor Controller shall deposit into the Rede velopment line 32 Property Tax Trust Fund established for the former Lak e Forest line 33 Redevelopment Agency the transfer agreement amount, as set forth line 34 in the applicable Recognized Oblig ation P ayment Schedule line 35 submitted by the successor agenc y to the Orange County line 36 Development Agency and approved by the Department of Finance, line 37 to the extent moneys are available from the portion of the former line 38 Orange County Development Agency’s Redevelopment Property line 39 Tax Trust Fund attributable to the El Toro Project Area. 97 — 4 — AB 1270
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line 1 (4) The payment described in paragraph (3) shall be paid prior line 2 to all payments listed on the recognized oblig ation payment line 3 schedule of the successor agenc y to the former Orange County line 4 Development Agency other than the payments described in line 5 paragraph (2), unless otherwise required by statute or applicable line 6 bond covenants.
line 7 (c) This section shall not be construed to affect the obligations line 8 of the successor agenc y to the Orange County De velopment line 9 Agency under Section 33670.9. Such obligations shall be prior to line 10 any transfer of property tax revenues directed by this section and line 11 this section shall be interpreted and construed in a manner line 12 consistent with Section 33670.9.
line 13 (b) Upon receipt of the final r esolution of dissolution for the line 14 successor a gency to the former Or ange County De velopment line 15 Agency submitted pursuant to subdivision (f) of Section 34187, the line 16 Orange County Auditor Contr oller shall allocate pr operty tax line 17 revenues attrib utable to the El Toro Pr oject Area, to the line 18 Redevelopment Pr operty Tax Trust Fund for the former Lak e line 19 Forest Rede velopment Agency and allocate mone y in this fund line 20 pursuant to Section 34183.
line 21 (d)
line 22 (c) This section is intended to implement the transfer agreement line 23 in light of the enactment of P art 1.8 (commencing with Section line 24 34161) and this part and, except as expressly set forth herein, this line 25 section is not intended to alter the transfer agreement, which shall line 26 continue in full force and effect in accordance with its terms. and line 27 the dissolution of the successor a gency to the former Or ange line 28 County Development Agency. Notwithstanding Section 34187, the line 29 allocation of revenues into the Redevelopment Property Tax Trust line 30 Fund established for the former Lak e F orest Rede velopment line 31 Agency pursuant to the transfer agreement and the listing of those line 32 payments by the successor a gency to the Or ange County line 33 Development Agency on its Reco gnized Obligation P ayment line 34 Schedule shall not pr eclude the appr oval of a r equest for line 35 dissolution of the successor a gency to the Or ange County line 36 Development Agency.
line 37 (e)
line 38 (d) For purposes of this section, both of the following definitions line 39 shall apply:
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line 1 (1) “El Toro Project Area” means the portion of the former line 2 Orange County Development Agency’s Neighborhood Preservation line 3 and Development Project Area that w as transferred to the Lak e line 4 Forest Redevelopment Agency pursuant to the transfer agreement line 5 and Sections 33216 and 33216.1.
line 6 (2) “Transfer agreement” means the Agreement to Transfer line 7 Territorial Jurisdiction of a Noncontiguous Portion of a line 8 Redevelopment Project Area dated as of July 6, 1999, entered into line 9 among the County of Orange, the Orange County De velopment line 10 Agency, the City of Lake Forest, the Lake Forest Redevelopment line 11 Agency, and the City of Laguna Hills.
line 12 (3) “Transfer agreement amount” means the amount of the line 13 payment required to be made by the former Orange County line 14 Development Agency to the former Lak e Forest Redevelopment line 15 Agency pursuant to the transfer agreement, less the amount of line 16 passthrough payments attributable to the El Toro Project Area that line 17 are disbursed by the Orange County Auditor Controller pursuant line 18 to paragraph (1) of subdivision (a) of Section 34183. line 19 SEC. 2. The Legislature finds and declares that a special statute line 20 is necessary and that a general statute cannot be made applicable line 21 within the meaning of Section 16 of Article IV of the California line 22 Constitution because of the unique financial circumstances in the line 23 City of Lake Forest relating to the repayment of its redevelopment line 24 obligations.
line 25 SEC. 3. If the Commission on State Mandates determines that line 26 this act contains costs mandated by the state, reimb ursement to line 27 local agencies and school districts for those costs shall be made line 28 pursuant to Part 7 (commencing with Section 17500) of Division line 29 4 of Title 2 of the Government Code.
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AMENDED IN SENATE JULY 3, 2023
AMENDED IN ASSEMBLY MAY 1, 2023
AMENDED IN ASSEMBLY MARCH 22, 2023
AMENDED IN ASSEMBLY MARCH 9, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 1463
Introduced by Assembly Member Lowenthal
(Coauthor: Senator Wiener)
February 17, 2023
An act to amend Sections 1798.90.5, 1798.90.51, 1798.90.52, 1798.90.53, and 1798.90.55 of, and to add Section 1798.90.56 to, the Civil Code, relating to personal information.
legislative counsel’s digest
AB 1463, as amended, Lowenthal. Automated license plate recognition systems: retention and use of information.
Existing law authorizes the Department of the California Highw ay Patrol to retain license plate data captured by license plate reader technology, also referred to as an automated license plate recognition (ALPR) system, for not more than 60 days unless the data is being used as evidence or for the investigation of felonies. Existing law authorizes the department to share that data with la w enforcement agencies for specified purposes.
Existing law requires ALPR operators and ALPR end-users, as those terms are defined, to implement usage and pri vacy policies and to maintain reasonable security procedures and practices regarding ALPR information, as specified. Existing law requires the usage and privacy
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policy implemented by an ALPR operator or an ALPR end-user to include the length of time ALPR information will be retained and the process the ALPR operator or ALPR end-user will utilize to determine if and when to destroy retained ALPR information.
This bill would require an ALPR operator or ALPR end-user that is a public agenc y, e xcluding an airport authority , to include in those policies, procedures, and practices a requirement that ALPR information that does not match information on a hot list, as defined, be pur ged in 30 days, as specified. The bill would also prohibit those ALPR operators and end-users from accessing an ALPR system that retains that unmatched ALPR information for more than 60 days, as specified.
ALPR information that is older than 60 days, except as specified.
The bill would impose annual audit requirements to review and assess ALPR end-user searches during the pre vious year to determine compliance with the usage and privacy policy, as specified.
Existing la w prohibits a public agenc y from selling, sharing, or transferring ALPR information, except to another public agenc y, and only as otherwise permitted by law.
This bill would prohibit ALPR information from being sold, shared, or transferred to an out-of-state or federal agency without a court order or warrant issued by a California court.
The bill would make related findings and declarations.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. The Le gislature finds and declares all of the line 2 following:
line 3 (a) It is well documented that agencies eng aged in federal line 4 immigration enforcement are e xploiting automated license plate line 5 reader (ALPR) databases containing the locations of immigrant line 6 drivers as part of their ef forts to locate and deport Californians. line 7 Following the Dobbs v . Jackson Women’s Health Or ganization line 8 decision by the United States Supreme Court, several states have line 9 ended the right to abortion and allo wed a private right of action line 10 regarding the receipt or provision of an abortion. Some states have line 11 implemented similar laws regarding gender-affirming medical care line 12 for minors.
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line 1 (b) The selling, sharing, or transferring of ALPR information line 2 by a California state or local public agenc y to an out-of-state or line 3 federal agenc y is prohibited under subdi vision (b) of Section line 4 1798.90.55 of the Civil Code.
line 5 (c) Despite e xisting la w, public agencies in California share line 6 ALPR information with out-of-state and federal law enforcement line 7 agencies engaged in enforcing federal immigration laws, bans on line 8 abortion services, or bans on gender-affirming medical care. line 9 (d) Further le gislation is needed to ensure that ALPR line 10 information is retained only for immediate comparison with a hot line 11 list and is prevented from being retained and used for purposes of line 12 enforcing federal immigration law, bans on abortion services, or line 13 bans on gender-affirming medical care.
line 14 SEC. 2. Section 1798.90.5 of the Civil Code is amended to line 15 read:
line 16 1798.90.5. The following definitions shall apply for purposes line 17 of this title:
line 18 (a) “Automated license plate recognition end-user” or “ ALPR line 19 end-user” means a person that accesses or uses an ALPR system, line 20 but does not include any of the following:
line 21 (1) A transportation agency when subject to Section 31490 of line 22 the Streets and Highways Code.
line 23 (2) A person that is subject to Sections 6801 to 6809, inclusive, line 24 of Title 15 of the United States Code and state or federal statutes line 25 or regulations implementing those sections, if the person is subject line 26 to compliance o versight by a state or federal re gulatory agency line 27 with respect to those sections.
line 28 (3) A person, other than a la w enforcement agenc y, to whom line 29 information may be disclosed as a permissible use pursuant to line 30 Section 2721 of Title 18 of the United States Code. line 31 (b) “Automated license plate recognition information, ” or line 32 “ALPR information” means information or data collected through line 33 the use of an ALPR system.
line 34 (c) “Automated license plate recognition operator” or “ ALPR line 35 operator” means a person that operates an ALPR system, but does line 36 not include a transportation agency when subject to Section 31490 line 37 of the Streets and Highways Code.
line 38 (d) “Automated license plate recognition system” or “ ALPR line 39 system” means a searchable computerized database resulting from line 40 the operation of one or more mobile or fix ed cameras combined 95 AB 1463 — 3 —
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line 1 with computer algorithms to read and convert images of registration line 2 plates and the characters they contain into computer-readable data. line 3 (e) “Hot list” means a list or lists of license plates of v ehicles line 4 of interest against which the ALPR system is comparing vehicles line 5 on the roadways.
line 6 (f) “Person” means an y natural person, public agenc y, line 7 partnership, firm, association, corporation, limited liability line 8 company, or other legal entity.
line 9 (g) “Public agency” means the state, an y city, county, or city line 10 and county, or any agency or political subdivision of the state or line 11 a city, county, or city and county, including, but not limited to, a line 12 law enforcement agency.
line 13 SEC. 3. Section 1798.90.51 of the Civil Code is amended to line 14 read:
line 15 1798.90.51. An ALPR operator shall do all of the following:
line 16 (a) Maintain reasonable security procedures and practices, line 17 including operational, administrati ve, technical, and ph ysical line 18 safeguards, to protect ALPR information from unauthorized access, line 19 destruction, use, modification, or disclosure. These reasonable line 20 security procedures and practices shall include, but not be limited line 21 to, an annual audit to review and assess ALPR end-user searches line 22 during the pre vious year to determine if all searches were in line 23 compliance with the usage and pri vacy polic y. If the ALPR line 24 operator is a public agency other than an airport authority, the audit line 25 shall assess whether all ALPR information that does not match line 26 information on a hot list has been pur ged no more than 30 days line 27 from the date of collection. If the ALPR oper ator is a private line 28 corporation or limited liability company which provides an ALPR line 29 system to a public agency, the auditing requirements in this section line 30 shall apply to the public agency and shall not apply to the private line 31 entity providing the ALPR system.
line 32 (b) (1) Implement a usage and privacy policy in order to ensure line 33 that the collection, use, maintenance, sharing, and dissemination line 34 of ALPR information is consistent with respect for indi viduals’ line 35 privacy and civil liberties. The usage and privacy policy shall be line 36 available to the public in writing, and, if the ALPR operator has line 37 an internet website, the usage and pri vacy policy shall be posted line 38 conspicuously on that internet website.
line 39 (2) The usage and privacy policy shall, at a minimum, include line 40 all of the following:
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line 1 (A) The authorized purposes for using the ALPR system and line 2 collecting ALPR information.
line 3 (B) A description of the job title or other designation of the line 4 employees and independent contractors who are authorized to use line 5 or access the ALPR system, or to collect ALPR information. The line 6 policy shall identify the training requirements necessary for those line 7 authorized employees and independent contractors. line 8 (C) A description of how the ALPR system will be monitored line 9 to ensure the security of the information and compliance with line 10 applicable privacy laws.
line 11 (D) The purposes of, process for, and restrictions on, the sale, line 12 sharing, or transfer of ALPR information to other persons. line 13 (E) The title of the official custodian, or o wner, of the ALPR line 14 system responsible for implementing this section. line 15 (F) A description of the reasonable measures that will be used line 16 to ensure the accuracy of ALPR information and correct data errors. line 17 (G) The length of time ALPR information will be retained, and line 18 the process the ALPR operator will utilize to determine if and line 19 when to destroy retained ALPR information. If the ALPR operator line 20 is a public agency other than an airport authority, the policy shall line 21 require ALPR information that does not match information on a line 22 hot list to be pur ged no more than 30 days after the date of line 23 collection.
line 24 SEC. 4. Section 1798.90.52 of the Civil Code is amended to line 25 read:
line 26 1798.90.52. If an ALPR operator accesses or provides access line 27 to ALPR information, the ALPR operator shall do all of the line 28 following:
line 29 (a) Maintain a record of that access. At a minimum, the record line 30 shall include all of the following:
line 31 (1) The date and time the information is accessed. line 32 (2) The license plate number or other data elements used to line 33 query the ALPR system.
line 34 (3) The username of the person who accesses the information, line 35 and, as applicable, the organization or entity with whom the person line 36 is affiliated.
line 37 (4) The purpose for accessing the information. line 38 (b) Require that ALPR information only be used for the line 39 authorized purposes described in the usage and pri vacy polic y line 40 required by subdivision (b) of Section 1798.90.51. 95 AB 1463 — 5 —
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line 1 (c) Conduct an annual audit to review and assess ALPR end-user line 2 searches during the previous year to determine if all searches were line 3 in compliance with the usage and pri vacy policy. If the ALPR line 4 operator is a public agency other than an airport authority, the audit line 5 shall assess whether all ALPR information that does not match line 6 information on a hot list has been pur ged no more than 30 days line 7 after the date of collection. If the ALPR oper ator is a private line 8 corporation or limited liability company which provides an ALPR line 9 system to a public agency, the auditing requirements in this section line 10 shall apply to the public agency and shall not apply to the private line 11 entity providing the ALPR system.
line 12 SEC. 5. Section 1798.90.53 of the Civil Code is amended to line 13 read:
line 14 1798.90.53. An ALPR end-user shall do all of the following:
line 15 (a) Maintain reasonable security procedures and practices, line 16 including operational, administrati ve, technical, and ph ysical line 17 safeguards, to protect ALPR information from unauthorized access, line 18 destruction, use, modification, or disclosure. These reasonable line 19 security procedures and practices shall include, but not be limited line 20 to, an annual audit to review and assess ALPR end-user searches line 21 during the pre vious year to determine if all searches were in line 22 compliance with the usage and pri vacy polic y. If the ALPR line 23 end-user is a public agenc y other than an airport authority , the line 24 audit shall include an assessment of whether all ALPR information line 25 that does not match information on a hot list has been pur ged no line 26 more than 30 days after the date of collection. line 27 (b) (1) Implement a usage and privacy policy in order to ensure line 28 that the access, use, sharing, and dissemination of ALPR line 29 information is consistent with respect for individuals’ privacy and line 30 civil liberties. The usage and privacy policy shall be available to line 31 the public in writing, and, if the ALPR end-user has an internet line 32 website, the usage and privacy policy shall be posted conspicuously line 33 on that internet website.
line 34 (2) The usage and privacy policy shall, at a minimum, include line 35 all of the following:
line 36 (A) The authorized purposes for accessing and using ALPR line 37 information.
line 38 (B) A description of the job title or other designation of the line 39 employees and independent contractors who are authorized to line 40 access and use ALPR information. The policy shall identify the 95 — 6 — AB 1463
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line 1 training requirements necessary for those authorized emplo yees line 2 and independent contractors.
line 3 (C) A description of how the ALPR system will be monitored line 4 to ensure the security of the information accessed or used, and line 5 compliance with all applicable pri vacy la ws and a process for line 6 periodic system audits.
line 7 (D) The purposes of, process for, and restrictions on, the sale, line 8 sharing, or transfer of ALPR information to other persons. line 9 (E) The title of the official custodian, or o wner, of the ALPR line 10 information responsible for implementing this section. line 11 (F) A description of the reasonable measures that will be used line 12 to ensure the accuracy of ALPR information and correct data errors. line 13 (G) The length of time ALPR information will be retained, and line 14 the process the ALPR end-user will utilize to determine if and line 15 when to destroy retained ALPR information. If the ALPR end-user line 16 is a public agency other than an airport authority, the policy shall line 17 require pur ging of ALPR information that does not match line 18 information on a hot list no more than 30 days after the date of line 19 collection.
line 20 SEC. 6. Section 1798.90.55 of the Civil Code is amended to line 21 read:
line 22 1798.90.55. Notwithstanding any other law or regulation:
line 23 (a) A public agency that operates or intends to operate an ALPR line 24 system shall pro vide an opportunity for public comment at a line 25 regularly scheduled public meeting of the go verning body of the line 26 public agency before implementing the program.
line 27 (b) A public agenc y shall not sell, share, or transfer ALPR line 28 information, except to another public agency, and only as otherwise line 29 permitted by California state law. ALPR information shall not be line 30 sold, shared, or transferred to out-of-state or federal agencies line 31 without a court order or warrant issued by a California court. For line 32 purposes of this section, the pro vision of data hosting or to wing line 33 services shall not be considered the sale, sharing, or transferring line 34 of ALPR information.
line 35 SEC. 7. Section 1798.90.56 is added to the Civil Code , line 36 immediately following Section 1798.90.55, to read:
line 37 1798.90.56. An ALPR operator or ALPR end-user that is a line 38 public agency, excluding an airport authority, shall not access an line 39 ALPR system that retains ALPR information that does not match line 40 information on a hot list for more than 60 days after the date of 95 AB 1463 — 7 —
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line 1 collection unless ALPR information that is older than 60 days line 2 unless the data matches information on a hot list, has been entered line 3 into evidence in a criminal matter under California law , or the line 4 ALPR system is operated by an airport authority.
O
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AMENDED IN SENATE AUGUST 16, 2023
AMENDED IN SENATE JULY 10, 2023
AMENDED IN SENATE JUNE 19, 2023
AMENDED IN ASSEMBLY MAY 18, 2023
AMENDED IN ASSEMBLY APRIL 20, 2023
AMENDED IN ASSEMBLY APRIL 11, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 1572
Introduced by Assembly Member Friedman
(Coauthor: Senator Stern)
February 17, 2023
An act to amend Sections 10540, 10608.12, and 10608.22 of, to add Section 110 to, and to add Chapter 2.5 (commencing with Section 10608.14) to P art 2.55 of Di vision 6 of, the Water Code, relating to water.
legislative counsel’s digest
AB 1572, as amended, Friedman. Potable water: nonfunctional turf. (1) Existing law establishes v arious state w ater policies, including the policy that the use of water for domestic purposes is the highest use of water.
This bill would make legislative findings and declarations concerning water use, including that the use of potable w ater to irrig ate nonfunctional turf is wasteful and incompatible with state policy relating to climate change, w ater conserv ation, and reduced reliance on the Sacramento-San Joaquin Delta ecosystem. The bill w ould direct all
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appropriate state agencies to encourage and support the elimination of irrigation of nonfunctional turf with potable water.
(2) Existing la w, the Inte grated Re gional Water Management Planning Act, authorizes a regional water management group to prepare and adopt an integrated regional water management plan in accordance with specified requirements, including, among other things, the identification and consideration of the w ater-related needs of disadvantaged communities in the area within the boundaries of the plan.
This bill w ould additionally require an inte grated re gional w ater management plan to address the identification and consideration of the water-related needs of o wners and occupants of af fordable housing, including the removal and replacement of nonfunctional turf. (3) Existing law provides various findings and declarations of the Legislature related to sustainable w ater use and demand reduction.
Existing law imposes v arious water use reduction requirements that apply to urban retail water suppliers, including a requirement that the state achieve a 20% reduction in urban per capita water use by December 31, 2020.
This bill would prohibit the use of potable water, as defined, for the irrigation of nonfunctional turf located on commercial, industrial, and institutional properties properties, other than a cemetery cemetery, and on properties of homeo wners’ associations, common interest developments, and community service organizations or similar entities, as specified. The bill would require authorize the State Water Resources Control Board to establish, no later than July 1, 2026, specified create a form for compliance and certification requirements. The bill and would require owners of covered properties to certify their compliance with these provisions, compliance, as specified. The bill would authorize a public water system, city, county, or city and county to enforce these provisions, as specified. The bill would require the Governor’s Office of Business and Economic De velopment to support small and minority-owned b usinesses that pro vide services that adv ance compliance with these provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 110 is added to the Water Code, to read:
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line 1 110. (a) The Legislature hereby finds and declares all of the line 2 following:
line 3 (1) The use of potable w ater to irrig ate nonfunctional turf is line 4 wasteful and incompatible with state polic y relating to climate line 5 change, w ater conserv ation, and reduced reliance on the line 6 Sacramento-San Joaquin Delta ecosystem.
line 7 (2) The Governor reported in August 2022 that climate change line 8 will bring significant enduring reductions in California’ s water line 9 supply and that the state must take steps to respond to this reality. line 10 (3) The State of Nevada enacted AB 356 in 2021 to prohibit the line 11 use of Colorado Ri ver water to irrigate nonfunctional turf on all line 12 properties except single-family residences by January 1, 2027. line 13 (b) It is the intent of the Legislature that the irrigation of grasses line 14 for agricultural production shall not be limited by requirements to line 15 eliminate the use of potable water to irrigate nonfunctional turf. line 16 (c) The Legislature hereby directs all appropriate state agencies line 17 to encourage and support the elimination of irrig ation of line 18 nonfunctional turf with potable water.
line 19 SEC. 2. Section 10540 of the Water Code is amended to read:
line 20 10540. (a) A regional water management group may prepare line 21 and adopt an inte grated re gional w ater management plan in line 22 accordance with this part.
line 23 (b) A re gional w ater management group may coordinate its line 24 planning activities to address or incorporate all or part of an y of line 25 the following actions of its members into its plan:
line 26 (1) Groundwater management planning pursuant to P art 2.75 line 27 (commencing with Section 10750), groundw ater sustainability line 28 planning pursuant to Part 2.74 (commencing with Section 10720), line 29 or other specific groundwater management authority. line 30 (2) Urban w ater management planning pursuant to P art 2.6 line 31 (commencing with Section 10610).
line 32 (3) The preparation of a w ater supply assessment required line 33 pursuant to Part 2.10 (commencing with Section 10910). line 34 (4) Agricultural water management planning pursuant to P art line 35 2.8 (commencing with Section 10800).
line 36 (5) City and county general planning pursuant to Section 65350 line 37 of the Government Code.
line 38 (6) Stormwater resource planning that is undertak en pursuant line 39 to Part 2.3 (commencing with Section 10560).
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line 1 (7) Other water resource management planning, including flood line 2 protection, w atershed management planning, and multipurpose line 3 program planning.
line 4 (c) At a minimum, all plans shall address all of the following:
line 5 (1) Protection and impro vement of w ater supply reliability , line 6 including identification of feasible agricultural and urban w ater line 7 use efficiency strategies.
line 8 (2) Identification and consideration of the drinking water quality line 9 of communities within the area of the plan.
line 10 (3) Protection and improvement of water quality within the area line 11 of the plan, consistent with the relevant basin plan. line 12 (4) Identification of an y significant threats to groundw ater line 13 resources from overdrafting.
line 14 (5) Protection, restoration, and improvement of stewardship of line 15 aquatic, riparian, and watershed resources within the region. line 16 (6) Protection of groundwater resources from contamination. line 17 (7) Identification and consideration of the w ater-related needs line 18 of disadv antaged communities and o wners and occupants of line 19 affordable housing, including the remo val and replacement of line 20 nonfunctional turf, as defined in Section 10608.12, in the area line 21 within the boundaries of the plan.
line 22 (d) This section does not oblig ate a local agenc y to fund the line 23 implementation of any project or program.
line 24 SEC. 3. Section 10608.12 of the Water Code is amended to line 25 read:
line 26 10608.12. Unless the context otherwise requires, the following line 27 definitions govern the construction of this part:
line 28 (a) “Affordable housing” has the same meaning as defined in line 29 Section 34191.30 of the Health and Safety Code. line 30 (b) “Agricultural water supplier” means a water supplier, either line 31 publicly or pri vately owned, providing water to 10,000 or more line 32 irrigated acres, e xcluding rec ycled w ater. “ Agricultural w ater line 33 supplier” includes a supplier or contractor for water, regardless of line 34 the basis of right, that distributes or sells water for ultimate resale line 35 to customers. “Agricultural water supplier” does not include the line 36 department.
line 37 (c) “Base daily per capita water use” means any of the following:
line 38 (1) The urban retail w ater supplier’s estimate of its a verage line 39 gross w ater use, reported in g allons per capita per day and 93 — 4 — AB 1572
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line 1 calculated over a continuous 10-year period ending no earlier than line 2 December 31, 2004, and no later than December 31, 2010. line 3 (2) For an urban retail w ater supplier that meets at least 10 line 4 percent of its 2008 measured retail water demand through recycled line 5 water that is deli vered within the service area of an urban retail line 6 water supplier or its urban wholesale w ater supplier, the urban line 7 retail w ater supplier may e xtend the calculation described in line 8 paragraph (1) up to an additional fiv e years to a maximum of a line 9 continuous 15-year period ending no earlier than December 31, line 10 2004, and no later than December 31, 2010.
line 11 (3) For the purposes of Section 10608.22, the urban retail water line 12 supplier’s estimate of its a verage gross w ater use, reported in line 13 gallons per capita per day and calculated o ver a continuous line 14 five-year period ending no earlier than December 31, 2007, and line 15 no later than December 31, 2010.
line 16 (d) “Baseline commercial, industrial, and institutional w ater line 17 use” means an urban retail w ater supplier’s base daily per capita line 18 water use for commercial, industrial, and institutional users. line 19 (e) “CII w ater use” means w ater used by commercial w ater line 20 users, industrial w ater users, institutional w ater users, and lar ge line 21 landscape water users.
line 22 (f) “Commercial water user” means a water user that provides line 23 or distributes a product or service.
line 24 (g) “Common area” means that portion of a multif amily line 25 residential property or common interest de velopment or of a line 26 property owned or managed by a homeo wners’ association or a line 27 community service or ganization or similar entity that is not line 28 assigned or allocated to the e xclusive use of the occupants of an line 29 individual dwelling unit within the property.
line 30 (h) “Common interest development” has the same meaning as line 31 in Section 4100 of the Civil Code.
line 32 (i) “Community service organization or similar entity” has the line 33 same meaning as in Section 4110 of the Civil Code. line 34 (j) “Community space” means an area designated by a property line 35 owner or a go vernmental agenc y to accommodate human foot line 36 traffic for civic, ceremonial, or other community events or social line 37 gatherings.
line 38 (k) “Compliance daily per capita w ater use” means the gross line 39 water use during the final year of the reporting period, reported in line 40 gallons per capita per day.
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line 1 (l) “Disadvantaged community” means a community with an line 2 annual median household income that is less than 80 percent of line 3 the statewide annual median household income.
line 4 (m) “Functional turf” means a ground co ver surf ace of turf line 5 located in a recreational use area or community space. Turf line 6 enclosed by fencing or other barriers to permanently preclude line 7 human access for recreation or assembly is not functional turf. line 8 (n) “Gross water use” means the total volume of water, whether line 9 treated or untreated, entering the distrib ution system of an urban line 10 retail water supplier, excluding all of the following:
line 11 (1) Recycled water that is delivered within the service area of line 12 an urban retail water supplier or its urban wholesale water supplier. line 13 (2) The net volume of water that the urban retail water supplier line 14 places into long-term storage.
line 15 (3) The volume of water the urban retail water supplier conveys line 16 for use by another urban water supplier.
line 17 (4) The volume of water delivered for agricultural use, e xcept line 18 as otherwise provided in subdivision (f) of Section 10608.24. line 19 (o) “Homeowners’ association” means an “association” as line 20 defined in Section 4080 of the Civil Code.
line 21 (p) “Industrial water user” means a water user that is primarily line 22 a manufacturer or processor of materials as defined by the North line 23 American Industry Classification System code sectors 31 to 33, line 24 inclusive, or an entity that is a w ater user primarily eng aged in line 25 research and development.
line 26 (q) “Institutional water user” means a w ater user dedicated to line 27 public service. This type of user includes, among other users, line 28 higher education institutions, schools, courts, churches, hospitals, line 29 government facilities, and nonprofit research institutions. line 30 (r) “Interim urban water use target” means the midpoint between line 31 the urban retail w ater supplier’s base daily per capita w ater use line 32 and the urban retail w ater supplier’s urban w ater use tar get for line 33 2020.
line 34 (s) “Large landscape” means a nonresidential landscape as line 35 described in the performance measures for CII water use adopted line 36 pursuant to Section 10609.10.
line 37 (t) “Locally cost effective” means that the present value of the line 38 local benefits of implementing an agricultural efficienc y w ater line 39 management practice is greater than or equal to the present value line 40 of the local cost of implementing that measure. 93 — 6 — AB 1572
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line 1 (u) “Multifamily residential property” means a property that line 2 includes a building containing more than four dwelling units. line 3 (v) “Nonfunctional turf” means an y turf that is not functional line 4 turf, and includes turf located within street rights-of-w ay and line 5 parking lots.
line 6 (w) “Performance measures” means actions to be taken by urban line 7 retail w ater suppliers that will result in increased w ater use line 8 efficiency by CII water users. Performance measures may include, line 9 but are not limited to, educating CII w ater users on best line 10 management practices, conducting water use audits, and preparing line 11 water management plans. Performance measures do not include line 12 process water.
line 13 (x) “Potable reuse” means direct potable reuse, indirect potable line 14 reuse for groundwater recharge, and reservoir water augmentation line 15 as those terms are defined in Section 13561.
line 16 (y) “Potable w ater” means w ater that is suitable for human line 17 consumption.
line 18 (z) “Process water” means water used by industrial water users line 19 for producing a product or product content or w ater used for line 20 research and de velopment. Process w ater includes, b ut is not line 21 limited to, continuous manuf acturing processes, and w ater used line 22 for testing, cleaning, and maintaining equipment. Water used to line 23 cool machinery or buildings used in the manufacturing process or line 24 necessary to maintain product quality or chemical characteristics line 25 for product manuf acturing or control rooms, data centers, line 26 laboratories, clean rooms, and other industrial f acility units that line 27 are inte gral to the manuf acturing or research and de velopment line 28 process is process water. Water used in the manufacturing process line 29 that is necessary for complying with local, state, and federal health line 30 and safety la ws, and is not incidental w ater, is process w ater. line 31 Process water does not mean incidental water uses. line 32 (aa) “Public water system” has the same meaning as defined in line 33 Section 116275 of the Health and Safety Code.
line 34 (ab) “Recreational use area” means an area designated by a line 35 property owner or a governmental agency to accommodate human line 36 foot traffic for recreation, including, b ut not limited to, sports line 37 fields, golf courses, playgrounds, picnic grounds, or pet e xercise line 38 areas. This recreation may be either formal or informal. line 39 (ac) “Recycled w ater” means rec ycled w ater, as defined in line 40 subdivision (n) of Section 13050.
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line 1 (ad) “Regional water resources management” means sources line 2 of supply resulting from watershed-based planning for sustainable line 3 local water reliability or any of the following alternative sources line 4 of water:
line 5 (1) The capture and reuse of stormwater or rainwater. line 6 (2) The use of recycled water.
line 7 (3) The desalination of brackish groundwater.
line 8 (4) The conjunctive use of surface water and groundwater in a line 9 manner that is consistent with the safe yield of the groundw ater line 10 basin.
line 11 (ae) “Reporting period” means the years for which an urban line 12 retail water supplier reports compliance with the urban water use line 13 targets.
line 14 (af) “Turf” has the same meaning as defined in Section 491 of line 15 Title 23 of the California Code of Regulations. line 16 (ag) “Urban retail water supplier” means a water supplier, either line 17 publicly or pri vately o wned, that directly pro vides potable line 18 municipal water to more than 3,000 end users or that supplies more line 19 than 3,000 acre-feet of potable w ater annually at retail for line 20 municipal purposes.
line 21 (ah) “Urban water supplier” has the same meaning as defined line 22 in Section 10617.
line 23 (ai) “Urban water use objective” means an estimate of aggregate line 24 efficient water use for the pre vious year based on adopted w ater line 25 use efficiency standards and local service area characteristics for line 26 that year, as described in Section 10609.20.
line 27 (aj) “Urban w ater use tar get” means the urban retail w ater line 28 supplier’s targeted future daily per capita water use. line 29 (ak) “Urban wholesale water supplier” means a water supplier, line 30 either publicly or privately owned, that provides more than 3,000 line 31 acre-feet of w ater annually at wholesale for potable municipal line 32 purposes.
line 33 SEC. 4. Chapter 2.5 (commencing with Section 10608.14) is line 34 added to Part 2.55 of Division 6 of the Water Code, to read:
line 35
line 36 Chapter 2.5. Nonfunctional Turf
line 37
line 38 10608.14. (a) The use of potable w ater for the irrig ation of line 39 nonfunctional turf located on commercial, industrial, and line 40 institutional properties properties, other than a cemetery cemetery, 93 — 8 — AB 1572
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line 1 and on properties of homeowners’ associations, common interest line 2 developments, and community service or ganizations or similar line 3 entities is prohibited as of the following dates:
line 4 (1) All properties owned or leased by the Department of General line 5 Services, beginning January 1, 2027.
line 6 (2) All properties owned by local governments, local or regional line 7 public agencies, and public water systems, except those specified line 8 in paragraph (5), beginning January 1, 2027.
line 9 (3) All other institutional properties and all commercial and line 10 industrial properties, beginning January 1, 2028. line 11 (4) All common areas of properties of homeo wners’ line 12 associations, common interest de velopments, and community line 13 service organizations or similar entities, beginning January 1, 2029. line 14 (5) All properties o wned by local go vernments, local public line 15 agencies, and public water systems in a disadvantaged community, line 16 beginning January 1, 2031, or the date upon which a state funding line 17 source is made available to fund conversion of nonfunctional turf line 18 on these properties to climate-appropriate landscapes, whichever line 19 is later.
line 20 (b) Notwithstanding subdivision (a), the use of potable w ater line 21 is not prohibited by this section to the e xtent necessary to ensure line 22 the health of trees and other perennial nonturf plantings, or to the line 23 extent necessary to address an immediate health and safety need. line 24 (c) The board may, upon a showing of good cause for reasons line 25 including economic hardship, critical business need, and potential line 26 impacts to human health or safety, postpone a compliance deadline line 27 in subdi vision (a) by up to three years for certain persons, line 28 institutions, and businesses, and may create a form to be used for line 29 compliance certification to the board by property owners. line 30 (d) Public water systems shall, by no later than January 1, 2027, line 31 revise their re gulations, ordinances, or policies go verning water line 32 service to include the requirements of subdivisions (a) and (b), as line 33 revised by the board pursuant to subdi vision (c), and shall line 34 communicate the requirements to their customers on or before that line 35 date.
line 36 (e) (1) An o wner of commercial, industrial, or institutional line 37 property with more than 5,000 square feet of irrig ated area other line 38 than a cemetery shall certify to the board, commencing June 30, line 39 2030, and e very three years thereafter through 2039, that their line 40 property is in compliance with the requirements of this chapter. 93 AB 1572 — 9 —
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line 1 (2) An owner of a property with more than 5,000 square feet of line 2 irrigated common area that is a homeowners’ association, common line 3 interest development, or community service organization or similar line 4 entity shall certify to the board, commencing June 30, 2031, and line 5 every three years thereafter through 2040, that their property is in line 6 compliance with the requirements of this chapter. line 7 (f) Noncompliance by a person or entity with this chapter or line 8 regulations adopted thereunder shall be subject to ci vil liability line 9 and penalties set forth in Section 1846, or to ci vil liability and line 10 penalties imposed by an urban retail water supplier pursuant to a line 11 locally adopted ordinance or policy.
line 12 (g) (1) A public water system, city, county, or city and county line 13 may enforce the provisions of this chapter.
line 14 (2) To avoid duplication of enforcement, an y entity identified line 15 in paragraph (1) that is not a retail public water system shall notify line 16 the retail public water system 30 days prior to enforcement of the line 17 provisions of this chapter against a property served by such system. line 18 (3) Nothing in paragraph (2) shall preclude enforcement by any line 19 entity identified in paragraph (1) once adequate notice is given. line 20 (h) The department shall, when using funds appropriated for line 21 water conserv ation for turf replacement, prioritize financial line 22 assistance for nonfunctional turf replacement to public w ater line 23 systems serving disadv antaged communities and to o wners of line 24 affordable housing.
line 25 (i) The department shall utilize the sa veourwater.com internet line 26 website and outreach campaign to pro vide information and line 27 resources on converting nonfunctional turf to native vegetation. line 28 (j) The Go vernor’s Office of Business and Economic line 29 Development shall support small and minority-owned businesses line 30 that provide services that advance compliance with this chapter. line 31 SEC. 5. Section 10608.22 of the Water Code is amended to line 32 read:
line 33 10608.22. Notwithstanding the method adopted by an urban line 34 retail water supplier pursuant to Section 10608.20, an urban retail line 35 water supplier’s per capita daily w ater use reduction shall be no line 36 less than 5 percent of base daily per capita water use as defined in line 37 paragraph (3) of subdivision (c) of Section 10608.12. This section 93 — 10 — AB 1572
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line 1 does not apply to an urban retail water supplier with a base daily line 2 per capita water use at or below 100 gallons per capita per day.
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AMENDED IN SENATE JUNE 29, 2023
AMENDED IN ASSEMBLY MAY 18, 2023
AMENDED IN ASSEMBLY APRIL 27, 2023
AMENDED IN ASSEMBLY MARCH 16, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 1637
Introduced by Assembly Member Irwin
February 17, 2023
An act to add Section 50034 to the Go vernment Code, relating to local government.
legislative counsel’s digest
AB 1637, as amended, Irwin. Local government: internet websites and email addresses.
(1) The California Constitution authorizes cities and counties to make and enforce within their limits all local, police, sanitary , and other ordinances and regulations not in conflict with general laws and further authorizes cities or ganized under a charter to mak e and enforce all ordinances and re gulations in respect to municipal af fairs, which supersede inconsistent general laws.
The California Public Records Act requires a local agenc y to make public records a vailable for inspection and allo ws a local agenc y to comply by posting the record on its internet website and directing a member of the public to the internet website, as specified.
This bill, no later than January 1, 2027, 2029, would require a local agency, as defined, that maintains an internet website for use by the public to ensure that the internet website utilizes a “.go v” top-level
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domain or a “.ca.gov” second-level domain and would require a local agency that maintains an internet website that is noncompliant with that requirement to redirect that internet website to a domain name that does utilize a “.gov” or “.ca.gov” domain. This bill, no later than January 1, 2027, 2029, would also require a local agenc y that maintains public email addresses to ensure that each email address pro vided to its employees utilizes a “.gov” domain name or a “.ca.gov” domain name.
By adding to the duties of local officials, the bill w ould impose a state-mandated local program.
(2) The bill w ould 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. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. The Le gislature finds and declares all of the line 2 following:
line 3 (a) The Cybersecurity and Infrastructure Security Agency line 4 (CISA), within the Department of Homeland Security , sponsors line 5 the “.gov” top-level domain and makes it available solely to United line 6 States-based go vernment or ganizations and publicly controlled line 7 entities, including California’s local agencies. line 8 (b) California’s local agencies qualify for a “.go v” domain line 9 without paying any fee.
line 10 (c) Using “.go v” increases security by enforcing multif actor line 11 authentication on all accounts in the “.go v” registrar, requiring line 12 browsers to only use a Hyperte xt Transfer Protocol Secure line 13 (HTTPS) connection with “.go v” domains, and enabling the line 14 addition of a security contact, making it easier for the public to line 15 alert the agency about potential security issues with the agency’s line 16 online services.
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line 1 (d) The Government Operations Agency oversees the “.ca.gov” line 2 domain name program, and the Department of Technology line 3 manages the registration, change, and renewal process for “.ca.gov” line 4 domains. Agencies are not required to pay any fee for a “.ca.gov” line 5 domain.
line 6 (e) To administer the “.ca.go v” second-le vel domain, the line 7 Department of Technology has established policies and protocols line 8 consistent with federal polic y, including, b ut not limited to, the line 9 federal Interagenc y Committee on Go vernment Information’ s line 10 Recommended Policies and Guidelines for Federal Public Websites line 11 and the federal .gov Registrar administered by CISA. line 12 (f) Users of websites or other internet services with a “.ca.gov” line 13 domain can be assured the y are accessing an official California line 14 governmental resource.
line 15 SEC. 2. Section 50034 is added to the Government Code, to line 16 read:
line 17 50034. (a) (1) No later than January 1, 2027, 2029, a local line 18 agency that maintains an internet website for use by the public line 19 shall ensure that the internet website utilizes a “.go v” top-level line 20 domain or a “.ca.gov” second-level domain.
line 21 (2) If a local agency that is subject to paragraph (1) maintains line 22 an internet website for use by the public that is noncompliant with line 23 paragraph (1) by January 1, 2027, 2029, that local agenc y shall line 24 redirect that internet website to a domain name that does comply line 25 with paragraph (1).
line 26 (b) No later than January 1, 2027, 2029, a local agenc y that line 27 maintains public email addresses for its emplo yees shall ensure line 28 that each email address provided to its employees utilizes a “.gov” line 29 domain name or a “.ca.gov” domain name.
line 30 (c) For purposes of this section, “local agenc y” means a city , line 31 county, or city and county.
line 32 SEC. 3. The Legislature finds and declares that Section 2 of line 33 this act adding Section 50034 to the Government Code addresses line 34 a matter of statewide concern and is not a municipal affair as that line 35 term is used in Section 5 of Article XI of the California line 36 Constitution. Therefore, Section 1 of this act adding Section 50034 line 37 to the Go vernment Code applies to all cities, including charter line 38 cities.
line 39 SEC. 4. If the Commission on State Mandates determines that line 40 this act contains costs mandated by the state, reimb ursement to 95 AB 1637 — 3 —
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line 1 local agencies and school districts for those costs shall be made line 2 pursuant to Part 7 (commencing with Section 17500) of Division line 3 4 of Title 2 of the Government Code.
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AMENDED IN ASSEMBLY APRIL 12, 2023
AMENDED IN ASSEMBLY MARCH 9, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 1708
Introduced by Assembly Member Muratsuchi Members Muratsuchi, Cervantes, Gipson, Low, Petrie-Norris, Blanca Rubio, Villapudua, and Essayli
February 17, 2023
An act to amend Sections 459.5 and 490.2 of, to add Section 666.1 to, and to add Chapter 2.97 (commencing with Section 1001.98) to Title 6 of Part 2 of, the Penal Code, relating to theft.
legislative counsel’s digest
AB 1708, as amended, Muratsuchi. Theft.
(1) Existing law, the Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, defines and prohibits an act of shoplifting and prohibits prosecution for an act of shoplifting under any other law.
This bill w ould refine the definition of shoplifting and w ould specifically exclude certain offenses from prosecution as shoplifting, including, among others, the theft of a firearm or vehicle, identity theft, and credit card fraud.
(2) Existing law requires, except as excluded, the theft of any property valued below $950 to be charged as petty theft, a misdemeanor.
This bill would similarly exclude certain offenses from this provision, including, among others, the theft of a vehicle, identity theft, and credit card fraud.
Revised 4-19-23—See last page. 97
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(3) Existing law provides that a person with a prior con viction for specified sex offenses may be charged with a felony for shoplifting or for theft of property not exceeding $950 in value.
This bill would require a person convicted of petty theft or shoplifting, if the person has 2 or more prior convictions for specified theft-related offenses, to be punished by imprisonment in the county jail for up to one year, or for 16 months, or 2 or 3 years.
(4) Existing law, until January 1, 2026, authorizes a city or county prosecuting authority or county probation department to create a diversion or deferred entry of judgment program pursuant to this section for persons who commit a theft of fense or repeat theft of fenses, as specified.
This bill w ould authorize a city or county prosecuting authority or county probation department to create a diversion program for persons who commit theft or repeat theft offenses, as specified. (5) This bill would provide that the provisions of the bill that amend Proposition 47 would become effective only upon approval of the voters, and would provide for the submission of those provisions to the voters for approval at the next statewide general election.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 459.5 of the Penal Code is amended to line 2 read:
line 3 459.5. (a) Notwithstanding Section 459, shoplifting is defined line 4 as entering a commercial establishment while that establishment line 5 is open during regular business hours, with the intent to steal retail line 6 property or merchandise, where the v alue of the property that is line 7 taken or intended to be tak en does not exceed nine hundred fifty line 8 dollars ($950). Any other entry into a commercial establishment line 9 with intent to commit larcen y is b urglary. Shoplifting shall be line 10 punished as a misdemeanor, except that a person with one or more line 11 prior con victions for an of fense specified in clause (i v) of line 12 subparagraph (C) of paragraph (2) of subdi vision (e) of Section line 13 667 or for an offense requiring registration pursuant to subdivision line 14 (c) of Section 290 may be punished pursuant to subdivision (h) of line 15 Section 1170.
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line 1 (b) Any act of shoplifting as defined in subdivision (a) shall be line 2 charged as shoplifting. No A person who is charged with shoplifting line 3 may shall not also be charged with burglary or theft of the same line 4 property.
line 5 (c) This section does not apply to theft of a firearm; forgery, as line 6 described in Chapter 4 (commencing with Section 470); the line 7 unlawful sale, transfer, or conveyance of an access card in violation line 8 of Section 484e; forgery of an access card in violation of Section line 9 484f; the unla wful use of an access card in violation of Section line 10 484g; theft from an elder or dependent adult in violation of line 11 subdivision (e) of Section 368; recei ving stolen property in line 12 violation of Section 496; embezzlement, as described in Chapter line 13 6 (commencing with Section 503); identity theft in violation of line 14 Section 530.5; or the theft or unauthorized use of a v ehicle in line 15 violation of Section 10851 of the Vehicle Code. line 16 (d) As used in this section, the follo wing terms ha ve the line 17 following meanings:
line 18 (1) “Retail property or merchandise” means any article, product, line 19 commodity, item, or component intended to be sold in retail line 20 commerce.
line 21 (2) “Value” means the retail v alue of an item as adv ertised by line 22 the affected retail establishment, including applicable taxes. line 23 SEC. 2. Section 490.2 of the Penal Code is amended to read:
line 24 490.2. (a) Notwithstanding Section 487 or any other provision line 25 of law defining grand theft, obtaining any property by theft where line 26 the value of the money, labor, real or personal property taken does line 27 not exceed nine hundred fifty dollars ($950) shall be considered line 28 petty theft and shall be punished as a misdemeanor , except that line 29 such person may instead be punished pursuant to subdivision (h) line 30 of Section 1170 if that person has one or more prior con victions line 31 for an of fense specified in clause (i v) of subparagraph (C) of line 32 paragraph (2) of subdivision (e) of Section 667 or for an of fense line 33 requiring registration pursuant to subdivision (c) of Section 290. line 34 (b) This section shall not be applicable to any theft that may be line 35 charged as an infraction pursuant to any other provision of law. line 36 (c) This section does not apply to theft of a firearm; forgery, as line 37 described in Chapter 4 (commencing with Section 470); the line 38 unlawful sale, transfer, or conveyance of an access card in violation line 39 of Section 484e; forgery of an access card in violation of Section line 40 484f; the unla wful use of an access card in violation of Section 97 AB 1708 — 3 —
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line 1 484g; theft from an elder or dependent adult in violation of line 2 subdivision (e) of Section 368; recei ving stolen property in line 3 violation of Section 496; embezzlement, as described in Chapter line 4 6 (commencing with Section 503); identity theft in violation of line 5 Section 530.5; or the theft or unauthorized use of a v ehicle in line 6 violation of Section 10851 of the Vehicle Code.
line 7 SEC. 3. Section 666.1 is added to the Penal Code, to read:
line 8 666.1. (a) (1) Notwithstanding any other law, a person who, line 9 having two or more con victions for any of the of fenses listed in line 10 paragraph (2), and who is subsequently convicted of petty theft or line 11 shoplifting, is punishable by imprisonment in the county jail not line 12 exceeding one year, or pursuant to subdivision (h) of Section 1170. line 13 (2) This section applies to the following offenses:
line 14 (A) Petty theft, as described in Section 488.
line 15 (B) Grand theft, as described in Section 487.
line 16 (C) Theft from an elder or dependent adult in violation of line 17 subdivision (e) of Section 368.
line 18 (D) The theft or unauthorized use of a vehicle, as described in line 19 Section 10851 of the Vehicle Code.
line 20 (E) Burglary, as described in Section 459.
line 21 (F) Carjacking, as described in Section 215.
line 22 (G) Robbery, as described in Section 211.
line 23 (H) Receiving stolen property, as described in Section 496. line 24 (I) Shoplifting, as described in Section 459.5. line 25 (J) Mail theft, as described in subdivision (e) of Section 530.5. line 26 (b) This section shall not be construed to preclude prosecution line 27 or punishment pursuant to any other law.
line 28 SEC. 4. Chapter 2.97 (commencing with Section 1001.98) is line 29 added to Title 6 of Part 2 of the Penal Code, to read:
line 30
line 31 Chapter 2.97. Theft Crimes Diversion
line 32
line 33 1001.98. (a) The city or county prosecuting attorney or county line 34 probation department may create a diversion program pursuant to line 35 this section for persons who commit a theft offense or repeat theft line 36 offenses. The program may be conducted by the prosecuting line 37 attorney’s office or the county probation department. line 38 (b) Except as provided in subdivision (e), this chapter does not line 39 limit the power of the prosecuting attorne y to prosecute theft or line 40 repeat theft.
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line 1 (c) If a county creates a diversion or deferred entry of judgment line 2 program for individuals committing theft or repeat theft offenses, line 3 on receipt of a case or at arraignment, the prosecuting attorne y line 4 shall either refer the case to the county probation department to line 5 conduct a prefiling in vestigation report to assess the line 6 appropriateness of program placement or , if the prosecuting line 7 attorney’s office operates the program, determine if the case is one line 8 that is appropriate to be referred to the program. In determining line 9 whether to refer a case to the program, the probation department line 10 or prosecuting attorney shall consider, but is not limited to, all of line 11 the following factors:
line 12 (1) Any prefiling investigation report conducted by the county line 13 probation department or nonprofit contract agenc y operating the line 14 program that e valuates the indi vidual’s risk and needs and the line 15 appropriateness of program placement.
line 16 (2) If the person demonstrates a willingness to eng age in line 17 community service, restitution, or other mechanisms to repair the line 18 harm caused by the criminal acti vity and address the underlying line 19 drivers of the criminal activity.
line 20 (3) If a risk and needs assessment identifies underlying substance line 21 abuse or mental health needs or other drivers of criminal activity line 22 that can be addressed through the di version or deferred entry of line 23 judgment program.
line 24 (4) If the person has a violent or serious prior criminal record line 25 or has previously been referred to a diversion program and failed line 26 that program.
line 27 (5) Any rele vant information concerning the efficac y of the line 28 program in reducing the lik elihood of participants committing line 29 future offenses.
line 30 (d) On referral of a case to the program, a notice shall be line 31 provided to the person alleged to have committed the offense with line 32 both of the following information:
line 33 (1) The date by which the person must contact the di version line 34 program or deferred entry of judgment program in the manner line 35 designated by the supervising agency.
line 36 (2) A statement of the penalty for the of fense or offenses with line 37 which that person has been charged.
line 38 (e) The prosecuting attorney may enter into a written agreement line 39 with the person to refrain from, or defer, prosecution on the offense line 40 or offenses on the following conditions:
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line 1 (1) Completion of the program requirements such as community line 2 service or courses reasonably required by the prosecuting attorney. line 3 (2) Making adequate restitution or an appropriate substitute for line 4 restitution to the victim or victims.
line 5 SEC. 5. This act amends the Safe Neighborhoods and Schools line 6 Act, an initiative statute approved by the voters at the November line 7 4, 2014, state wide general election as Proposition 47, and shall line 8 become effective only when submitted to and appro ved by the line 9 voters. The Secretary of State shall submit Sections 1, 2, and 3 of line 10 this act for appro val by the v oters at a state wide election in line 11 accordance with Section 9040 of the Elections Code. line 12
line 13
REVISIONS: line 14
Heading—Line 3. line 15
line 16
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AMENDED IN SENATE MAY 1, 2023
AMENDED IN SENATE APRIL 19, 2023
AMENDED IN SENATE APRIL 10, 2023
AMENDED IN SENATE FEBRUARY 13, 2023
SENATE BILL No. 7
Introduced by Senator Blakespear
December 5, 2022
An act to amend Section 65584 of the Government Code, and to add Chapter 10 (commencing with Section 50270) to Part 1 of Division 31 of the Health and Safety Code, relating to housing.
legislative counsel’s digest
SB 7, as amended, Blakespear. The Homeless Housing Oblig ation Act.
Existing law establishes various programs to address homelessness, including requiring the Governor to create an Interagency Council on Homelessness and establishing the Homeless Housing, Assistance, and Prevention program for the purpose of pro viding jurisdictions, as defined, with one-time grant funds to support regional coordination and expand or de velop local capacity to address their immediate homelessness challenges, as specified.
This bill bill, by January 1, 2030, would require each city and county to pro vide housing fit for habitation opportunities, as defined, for homeless individuals within its jurisdiction, based on their most recent point-in-time count, as defined. count. The bill would require each city and county to develop a housing obligation plan that includes specified information to fulfill its housing oblig ation and post the plan to its internet website. describes how the city or county plans to incr ease
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housing opportunities in its jurisdiction so that it can offer at least one housing opportunity to each homeless individual, as specified. In this regard, the bill w ould require a housing oblig ation plan to include, among other things, goals and plans to fulfill the city or county’s housing obligation, including specific projects and completion timelines, and the city or county’ s progress in reducing the number of homeless individuals in its jurisdiction. The bill would r equire a housing obligation plan to identify steps tak en by the city or county to consult with other jurisdictions to ensure that the plan is consistent with regional homelessness planning efforts. The bill would require a city or county to submit its housing obligation plan to the Department of Housing and Community Development for r eview and post the plan to its internet website by January 1, 2025. The bill would require a city or county to update its housing obligation plan on or befor e January 1 of eac h subsequent year.
This bill would establish the Homeless Housing Obligation Fund in the State Treasury. The bill would require moneys to be deposited in the fund upon appropriation by the Legislature and would require those moneys to be awarded by the Department of Housing and Community Development as grants to cities, counties, and nonprofit housing entities for the purpose of fulfilling the housing oblig ations required by these provisions, and would specify eligible uses of the grant funding. The bill would require the grant funding to be allocated to projects that provide housing to indi viduals that are homeless, indi viduals that are previously homeless, individuals that are at risk of homelessness, and extremely low income households, as specified.
This bill would authorize the Department of Housing and Community Development to adopt regulations to implement these provisions.
Existing law additionally requires the Department of Housing and Community De velopment, in consultation with each council of governments, to determine each region’s existing and projected housing need, as provided. Existing law requires each council of governments, or the department for cities and counties without a council of governments, to adopt a final regional housing need plan that allocates a share of the re gional housing need to each city , county, or city and county and that furthers specified objectives. Existing law requires the regional housing needs allocation plan to further specified objecti ves, including that each jurisdiction receives an allocation of units for low- and very low income households, as defined.
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This bill, for regional housing need assessments on or after January 1, 2024, would require “homeless” to be included as an income category for purposes of the re gional housing needs allocation plan and w ould require the regional housing needs allocation plan to further fulfilling the city’s or county’ s above-described obligation to pro vide housing fit for human habitation. opportunities. By requiring each council of governments to revise the income categories used in regional housing needs allocations, the bill would impose a state-mandated local program.
The bill w ould include findings that changes proposed by this bill address a matter of state wide concern rather than a municipal af fair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimb urse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill w ould pro vide that with re gard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. (a) The legislature Legislature finds and declares line 2 all of the following:
line 3 (1) The recommendations to impro ve the e xisting re gional line 4 housing needs allocation process by the Department of Housing line 5 and Community Development, in collaboration with the Office of line 6 Planning and Research and stak eholders, pursuant to Section line 7 50515.05 of the Health and Safety Code, are critically important line 8 in promoting and streamlining housing de velopment to line 9 substantially address California’s housing shortage. line 10 (2) Homelessness in California is an urgent issue and needs to line 11 be considered in local regional housing needs assessments. line 12 (3) While a re vision to the re gional housing needs allocation line 13 process will likely evolve out of the update and recommendations line 14 provided by the Department of Housing and Community line 15 Development to the Le gislature, local jurisdictions are currently 95 SB 7 — 3 —
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line 1 working on their ne xt revision of their re gional housing needs line 2 assessment.
line 3 (b) It is the intent of the Legislature to enact legislation regarding line 4 homelessness and the regional housing needs allocation. line 5 SEC. 2. Section 65584 of the Government Code is amended line 6 to read:
line 7 65584. (a) (1) For the fourth and subsequent revisions of the line 8 housing element pursuant to Section 65588, the department shall line 9 determine the e xisting and projected need for housing for each line 10 region pursuant to this article. For purposes of subdivision (a) of line 11 Section 65583, the share of a city or county of the regional housing line 12 need shall include that share of the housing need of persons at all line 13 income levels within the area significantly affected by the general line 14 plan of the city or county.
line 15 (2) It is the intent of the Le gislature that cities, counties, and line 16 cities and counties should undertak e all necessary actions to line 17 encourage, promote, and facilitate the development of housing to line 18 accommodate the entire re gional housing need, and reasonable line 19 actions should be tak en by local and re gional go vernments to line 20 ensure that future housing production meets, at a minimum, the line 21 regional housing need established for planning purposes. These line 22 actions shall include applicable reforms and incentives in Section line 23 65582.1.
line 24 (3) The Legislature finds and declares that insufficient housing line 25 in job centers hinders the state’ s environmental quality and runs line 26 counter to the state’ s en vironmental goals. In particular , when line 27 Californians seeking affordable housing are forced to drive longer line 28 distances to work, an increased amount of greenhouse g ases and line 29 other pollutants is released and puts in jeopardy the achie vement line 30 of the state’ s climate goals, as established pursuant to Section line 31 38566 of the Health and Safety Code, and clean air goals. line 32 (b) The department, in consultation with each council of line 33 governments, shall determine each region’s existing and projected line 34 housing need pursuant to Section 65584.01 at least two years prior line 35 to the scheduled revision required pursuant to Section 65588. The line 36 appropriate council of go vernments, or for cities and counties line 37 without a council of go vernments, the department, shall adopt a line 38 final re gional housing need plan that allocates a share of the line 39 regional housing need to each city , county, or city and county at line 40 least one year prior to the scheduled revision for the region required 95 — 4 — SB 7
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line 1 by Section 65588. The allocation plan prepared by a council of line 2 governments shall be prepared pursuant to Sections 65584.04 and line 3 65584.05.
line 4 (c) Notwithstanding any other provision of law, the due dates line 5 for the determinations of the department or for the council of line 6 governments, respectively, regarding the re gional housing need line 7 may be extended by the department by not more than 60 days if line 8 the extension will enable access to more recent critical population line 9 or housing data from a pending or recent release of the United line 10 States Census Bureau or the Department of Finance. If the due line 11 date for the determination of the department or the council of line 12 governments is e xtended for this reason, the department shall line 13 extend the corresponding housing element re vision deadline line 14 pursuant to Section 65588 by not more than 60 days. line 15 (d) The regional housing needs allocation plan shall further all line 16 of the following objectives:
line 17 (1) Increasing the housing supply and the mix of housing types, line 18 tenure, and affordability in all cities and counties within the region line 19 in an equitable manner , which shall result in each jurisdiction line 20 receiving an allocation of units for lo w- and v ery lo w income line 21 households.
line 22 (2) Promoting infill de velopment and socioeconomic equity , line 23 the protection of en vironmental and agricultural resources, the line 24 encouragement of efficient de velopment patterns, and the line 25 achievement of the re gion’s greenhouse g as reductions tar gets line 26 provided by the State Air Resources Board pursuant to Section line 27 65080.
line 28 (3) Promoting an improved intraregional relationship between line 29 jobs and housing, including an impro ved balance between the line 30 number of lo w-wage jobs and the number of housing units line 31 affordable to low-wage workers in each jurisdiction. line 32 (4) Allocating a lower proportion of housing need to an income line 33 category when a jurisdiction already has a disproportionately high line 34 share of households in that income cate gory, as compared to the line 35 countywide distribution of households in that cate gory from the line 36 most recent American Community Survey.
line 37 (5) Affirmatively furthering fair housing.
line 38 (6) Fulfilling the city’s or county’s obligation to provide housing line 39 fit for human habitation opportunities pursuant to the Homeless 95 SB 7 — 5 —
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line 1 Housing Obligation Act (Chapter 10 (commencing with Section line 2 50270) of Part 1 of Division 31 of the Health and Safety Code). line 3 (e) For purposes of this section, “affirmati vely furthering f air line 4 housing” means taking meaningful actions, in addition to line 5 combating discrimination, that overcome patterns of segregation line 6 and foster inclusi ve communities free from barriers that restrict line 7 access to opportunity based on protected characteristics. line 8 Specifically, affirmatively furthering f air housing means taking line 9 meaningful actions that, tak en together , address significant line 10 disparities in housing needs and in access to opportunity, replacing line 11 segregated living patterns with truly integrated and balanced living line 12 patterns, transforming racially and ethnically concentrated areas line 13 of poverty into areas of opportunity, and fostering and maintaining line 14 compliance with civil rights and fair housing laws. line 15 (f) For purposes of this section, “household income levels” are line 16 as determined by the department as of the most recent American line 17 Community Survey pursuant to the following code sections:
line 18 (1) Very low incomes as defined by Section 50105 of the Health line 19 and Safety Code.
line 20 (2) Lower incomes, as defined by Section 50079.5 of the Health line 21 and Safety Code.
line 22 (3) Moderate incomes, as defined by Section 50093 of the Health line 23 and Safety Code.
line 24 (4) Above moderate incomes are those e xceeding the line 25 moderate-income level of Section 50093 of the Health and Safety line 26 Code.
line 27 (5) (A) For re gional housing need assessments on or after line 28 January 1, 2024, “homeless” shall be included as an income line 29 category.
line 30 (B) For purposes of this paragraph, “homeless” has the same line 31 meaning as in Section 50271 of the Health and Safety Code. line 32 (g) Notwithstanding any other provision of law, determinations line 33 made by the department, a council of go vernments, or a city or line 34 county pursuant to this section or Section 65584.01, 65584.02, line 35 65584.03, 65584.04, 65584.05, 65584.06, 65584.07, or 65584.08 line 36 are e xempt from the California En vironmental Quality Act line 37 (Division 13 (commencing with Section 21000) of the Public line 38 Resources Code).
line 39 SEC. 3. Chapter 10 (commencing with Section 50270) is added line 40 to Part 1 of Division 31 of the Health and Safety Code, to read:
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line 1 Chapter 10. The Homeless Housing Obligation Act line 2
line 3 50270. (a) This chapter shall be known, and may be cited, as line 4 the Homeless Housing Obligation Act.
line 5 (b) The Legislature finds and declares that local go vernments line 6 and the State of California have an obligation to provide housing line 7 fit for human habitation for individuals residing in the state. line 8 50271. For purposes of this chapter, the following shall apply:
line 9 (a) “At risk of homelessness” and “homeless” ha ve the same line 10 meaning as in Section 578.3 of Title 24 of the Code of Federal line 11 Regulations.
line 12 (b) “Department” means the Department of Housing and line 13 Community Development.
line 14 (b)
line 15 (c) “Extremely low income households” has the same meaning line 16 as defined in Section 50106.
line 17 (d) “Housing opportunity” means providing any of the following line 18 to an individual or household experiencing homelessness:
line 19 (1) Rental subsidies.
line 20 (2) Access to a permanent housing unit.
line 21 (3) Access to prevention and diver sion services to permanent line 22 housing.
line 23 (4) Access to outreach, housing navigation, and tenancy support line 24 stabilizing services.
line 25 (c)
line 26 (e) “Point-in-time count” means the most recent point in time line 27 count completed pursuant to Section 578.3 of Title 24 of the Code line 28 of Federal Regulations.
line 29 50272. (a) Each By January 1, 2030, eac h city and county line 30 shall provide housing fit for habitation opportunities for homeless line 31 individuals within its jurisdiction based on the most recent line 32 point-in-time count conducted.
line 33 (b) Each city and county shall de velop a housing obligation line 34 plan that describes how the city or county plans to increase housing line 35 opportunities in its jurisdiction so that it can of fer at least one line 36 housing opportunity to eac h homeless individual by J anuary 1, line 37 2030, based on the most recent point-in-time count. line 38 (1) Each city and county shall submit its housing obligation line 39 plan to the department and post the plan to its internet website by 95 SB 7 — 7 —
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line 1 January 1, 2025. Eac h city and county shall update its housing line 2 obligation plan on or before January 1 of each subsequent year. line 3 (b) Each city and county shall develop a housing obligation plan line 4 to fulfill its housing obligation required under subdivision (a), to line 5 be updated annually, and shall post the plan to its internet website. line 6 The
line 7 (2) The housing obligation plan shall include, but not be limited line 8 to, all of the following:
line 9 (1)
line 10 (A) Goals and plans to fulfill the city or county’ s housing line 11 obligation, including specific projects and completion timelines. line 12 (2)
line 13 (B) Progress completed to date by the city or county to reduce line 14 the number of homeless individuals in its jurisdiction. line 15 (3)
line 16 (C) Integration with the city or county’s regional housing needs line 17 allocation plan created pursuant to Section 65584 of the line 18 Government Code.
line 19 (D) (i) For cities, the housing obligation plan shall identify the line 20 steps the city took to consult with the county in which it is located line 21 to ensure that its plan is consistent with r egional homelessness line 22 planning efforts.
line 23 (ii) For counties, the housing obligation plan shall identify the line 24 steps the county took to consult with eac h city located within the line 25 county to ensure its plan is consistent with regional homelessness line 26 planning efforts.
line 27 (3) The department shall review each housing obligation plan line 28 before it distributes grants each year pursuant to Section 50273 line 29 in order to determine whether it includes a sufficient number of line 30 housing opportunities to meet the r equirement described in line 31 subdivision (a). The department shall respond to the city or county line 32 in writing upon the conclusion of its r eview. If the department line 33 determines that a housing obligation plan does not identify a line 34 sufficient number of housing opportunities, the department may line 35 make recommendations for how the city or county can improve its line 36 housing obligation plan. They city or county shall notify the line 37 department if it plans to implement their r ecommendations or line 38 provide alternatives.
line 39 (4) If the city or county applies for, but does not receive, a grant line 40 pursuant to Section 50273, or the department does not offer grants 95 — 8 — SB 7
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line 1 in a given year, the city or county shall have one additional year line 2 to develop a housing obligation plan, as described in subdivision line 3 (a).
line 4 (5) The city or county may submit an e xisting plan that meets line 5 all of the requirements of paragraph (3) to the department in order line 6 to satisfy this subdivision.
line 7 50273. (a) The Homeless Housing Obligation Fund is hereby line 8 created in the State Treasury. Moneys shall be deposited in the line 9 fund upon appropriation by the Legislature and shall be awarded line 10 by the department as grants, beginning on July 1, 2025, to cities, line 11 counties, and nonprofit housing entities for the purpose of fulfilling line 12 the housing obligations required by this chapter. line 13 (b) Eligible uses of grant funds for purposes of fulfilling a city line 14 or county’s housing obligation under Section 50272 shall include line 15 all of the following:
line 16 (1) Rental subsidies.
line 17 (2) Incentives to landlords to tak e rental subsidies, such as line 18 security deposits and holding fees.
line 19 (3) Operating subsidies in ne w and e xisting af fordable or line 20 supportive housing units.
line 21 (4) Capital funding for permanent housing, including hotel and line 22 motel conversions.
line 23 (5) Prevention and diversion to permanent housing, including line 24 rental subsidies, particularly from state-funded and county-run line 25 institutional settings.
line 26 (6) Outreach, housing na vigation, and tenanc y support or line 27 stabilizing services.
line 28 (c) Cities, counties, and nonprofit housing entities may submit line 29 an application for a grant to the department in a form and manner line 30 specified by the department. The application shall include, but is line 31 not limited to, all of the following:
line 32 (1) A copy of the city or county’s most recent regional housing line 33 needs allocation plan created pursuant to Section 65584 of the line 34 Government Code.
line 35 (2) A copy of the city or county’ s most recent point-in-time line 36 count.
line 37 (3) A cop y of the city or county’ s housing oblig ation plan line 38 created pursuant to Section 50272, if already developed. 50272. line 39 (d) The department may use up to 5 percent of mone y line 40 appropriated for administration of this chapter. 95 SB 7 — 9 —
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line 1 (e) (1) The department shall set aside at least 10 percent of the line 2 overall funding in the fund for counties with populations of less line 3 than 200,000, including the cities and nonprofit housing providers line 4 in those counties.
line 5 (2) To the e xtent that all of the funds set aside in one year line 6 pursuant to paragraph (1) are not dedicated to plans approved by line 7 the committee, the amount of funds not dedicated shall be available line 8 to counties with populations of less than 200,000, including cities line 9 and nonprofit housing providers in those counties, in the following line 10 year.
line 11 (f) The department shall distribute funds across the entire state line 12 based on the proportion of the population of a city or county that line 13 experiences homelessness or is at risk of homelessness. line 14 (g) The department shall prioritize gr ants for cities, counties, line 15 and nonprofit housing entities in jurisdictions that wer e able to line 16 demonstrate that their housing obligation plan developed pursuant line 17 to Section 50272 is consistent with regional homelessness planning line 18 efforts, as described in subpar agraph (D) of par agraph (3) of line 19 subdivision (b) of Section 50272.
line 20 50274. (a) Funding a warded to a city , county, or nonprofit line 21 housing entity pursuant to this chapter for purposes of fulfilling a line 22 city or county’s housing obligation under Section 50272 shall be line 23 allocated to projects that provide housing to any of the following:
line 24 (1) Individuals that are homeless.
line 25 (2) Individuals that are previously homeless.
line 26 (3) Individuals that are at risk of homelessness. line 27 (4) Extremely low income households.
line 28 (b) The city, county, or nonprofit housing entity shall ensure line 29 that a project that receives funding awarded pursuant to this chapter line 30 reserves at least 50 percent of the housing units in the project to line 31 individuals that are homeless or previously homeless. line 32 50275. (a) The department may adopt regulations to implement line 33 this chapter. The adoption, amendment, or repeal of a re gulation line 34 authorized by this subdi vision is hereby e xempted from the line 35 rulemaking pro visions of the Administrative Procedure Act line 36 (Chapter 3.5 (commencing with Section 11340) of P art 1 of line 37 Division 3 of Title 2 of the Government Code).
line 38 (b) Before adopting initial guidelines for the oper ation of the line 39 program, the department shall solicit and consider stak eholder line 40 comments in the design and implementation of the program in at 95 — 10 — SB 7
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line 1 least one 30-day public comment period. The department shall line 2 provide r esponses in writing to substantive written comments line 3 received during the comment period.
line 4 50276. The Legislature finds and declares that ensuring every line 5 individual experiencing homelessness in the state has access to line 6 housing is a matter of state wide concern and is not a municipal line 7 affair as that term is used in Section 5 of Article XI of the line 8 California Constitution. Therefore, this chapter applies to all cities, line 9 including charter cities.
line 10 50276. The Le gislature finds and declares that this chapter line 11 addresses a matter of state wide concern rather than a municipal line 12 affair as that term is used in Section 5 of Article XI of the line 13 California Constitution. Therefore, this chapter applies to all cities, line 14 including charter cities.
line 15 SEC. 4. No reimbursement is required by this act pursuant to line 16 Section 6 of Article XIIIB of the California Constitution because line 17 a local agency or school district has the authority to le vy service line 18 charges, fees, or assessments sufficient to pay for the program or line 19 level of service mandated by this act, within the meaning of Section line 20 17556 of the Government Code.
line 21 However, if the Commission on State Mandates determines that line 22 this act contains other costs mandated by the state, reimbursement line 23 to local agencies and school districts for those costs shall be made line 24 pursuant to Part 7 (commencing with Section 17500) of Division line 25 4 of Title 2 of the Government Code.
O
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AMENDED IN ASSEMBLY JULY 13, 2023
AMENDED IN ASSEMBLY JUNE 30, 2023
AMENDED IN SENATE APRIL 27, 2023
AMENDED IN SENATE APRIL 17, 2023
AMENDED IN SENATE MARCH 30, 2023
AMENDED IN SENATE FEBRUARY 28, 2023
SENATE BILL No. 43
Introduced by Senator Eggman
(Principal coauthors: Senators Niello and Wiener)
(Principal coauthor: Assembly Member Santiago)
(Coauthors: Senators Allen, Dodd, Menjivar, Roth, Rubio, and Stern)
(Coauthors: Assembly Members Chen, Dixon, Friedman, Gallagher, Haney, McKinnor, Pacheco, Papan, Quirk-Silva, Sanchez, Wicks, McCarty, and Wood)
December 5, 2022
An act to amend Section 1799.111 of the Health and Safety Code, and to amend Sections 5008, 5350, 5354, and 5402 of, and to add Section 5122 to, the Welfare and Institutions Code, relating to mental health.
legislative counsel’s digest
SB 43, as amended, Eggman. Behavioral health.
Existing la w, the Lanterman-Petris-Short Act, pro vides for the involuntary commitment and treatment of a person who is a danger to themselves or others or who is gra vely disabled. Existing la w, for
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purposes of in voluntary commitment, defines “gra vely disabled” as either a condition in which a person, as a result of a mental health disorder, is unable to pro vide for their basic personal needs for food, clothing, or shelter or has been found mentally incompetent, as specified.
This bill expands the definition of “gravely disabled” to also include a condition in which a person, as a result of a se vere substance use disorder, or a cooccurring co-occurring mental health disorder and a severe substance use disorder, is, in addition to the basic personal needs described above, unable to provide for their personal safety or necessary medical care, as defined. The bill w ould authorize counties to defer implementation of these pro visions to January 1, 2025, as specified.
The bill would make conforming changes. To the extent that this change increases the le vel of service required of county mental health departments, the bill would impose a state-mandated local program.
Existing law also authorizes the appointment of a conservator, in the County of Los Angeles, the County of San Die go, or the City and County of San Francisco, for a person who is incapable of caring for the person’s own health and well-being due to a serious mental illness and substance use disorder. Existing law establishes the hearsay rule, under which evidence of a statement is generally inadmissible if it was made other than by a witness while testifying at a hearing and is offered to prove the truth of the matter stated. Existing law sets forth exceptions to the hearsay rule to permit the admission of specified kinds of evidence.
Under this bill, for purposes of an opinion offered by an expert witness in any proceeding relating to the appointment or reappointment of a conservator pursuant to the above-described provisions, the statements of specified health practitioners or a licensed clinical social w orker included in the medical record would not be hearsay. made inadmissible by the hearsay rule under specified conditions. The bill would authorize the court to grant a reasonable continuance if an e xpert witness in a proceeding relied on the medical record and the medical record has not been provided to the parties or their counsel.
Existing law requires the State Department of Health Care Services to collect data quarterly and publish, on or before May 1 of each year, a specified report that includes, among other things, the number of persons for whom temporary conserv atorship are established in each county and an analysis and evaluation of the efficacy of mental health assessments, detentions, treatments, and supportive services provided, as specified.
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This bill would, beginning with the report due May 1, 2024, require the report to also include the number of persons admitted or detained, as specified, for conditions that include, among others, grave disability due to a mental health disorder, severe substance use disorder, or both a mental health disorder and a severe substance use disorder.
The California Constitution requires the state to reimb urse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 1799.111 of the Health and Safety Code line 2 is amended to read:
line 3 1799.111. (a) Subject to subdi vision (b), a licensed general line 4 acute care hospital, as defined in subdivision (a) of Section 1250, line 5 that is not a county-designated f acility pursuant to Section 5150 line 6 of the Welfare and Institutions Code, a licensed acute psychiatric line 7 hospital, as defined in subdivision (b) of Section 1250, that is not line 8 a county-designated f acility pursuant to Section 5150 of the line 9 Welfare and Institutions Code, licensed professional staff of those line 10 hospitals, or an y ph ysician and sur geon, pro viding emer gency line 11 medical services in any department of those hospitals to a person line 12 at the hospital is not ci villy or criminally liable for detaining a line 13 person if all of the following conditions exist during the detention:
line 14 (1) The person cannot be safely released from the hospital line 15 because, in the opinion of the treating ph ysician and surgeon, or line 16 a clinical psychologist with the medical staf f privileges, clinical line 17 privileges, or professional responsibilities pro vided in Section line 18 1316.5, the person, as a result of a mental health disorder, presents line 19 a danger to themselv es, or others, or is gra vely disabled. F or line 20 purposes of this paragraph, “gra vely disabled” has the same line 21 definition as in paragraph (1) of subdi vision (h) of Section 5008 line 22 of the Welfare and Institutions Code.
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line 1 (2) The hospital staf f, treating ph ysician and sur geon, or line 2 appropriate licensed mental health professional, ha ve made, and line 3 documented, repeated unsuccessful ef forts to find appropriate line 4 mental health treatment for the person.
line 5 (A) Telephone calls or other contacts required pursuant to this line 6 paragraph shall commence at the earliest possible time when the line 7 treating physician and surgeon has determined the time at which line 8 the person will be medically stable for transfer. line 9 (B) The contacts required pursuant to this paragraph shall not line 10 begin after the time when the person becomes medically stable for line 11 transfer.
line 12 (3) The person is not detained beyond 24 hours. line 13 (4) There is probable cause for the detention. line 14 (b) If the person is detained pursuant to subdivision (a) beyond line 15 eight hours, but less than 24 hours, both of the following additional line 16 conditions shall be met:
line 17 (1) A dischar ge or transfer for appropriate e valuation or line 18 treatment for the person has been delayed because of the need for line 19 continuous and ongoing care, observ ation, or treatment that the line 20 hospital is providing.
line 21 (2) In the opinion of the treating ph ysician and sur geon, or a line 22 clinical psychologist with the medical staf f pri vileges or line 23 professional responsibilities pro vided for in Section 1316.5, the line 24 person, as a result of a mental health disorder , is still a danger to line 25 themselves, or others, or is gra vely disabled, as defined in line 26 paragraph (1) of subdivision (a).
line 27 (c) In addition to the immunities set forth in subdi vision (a), a line 28 licensed general acute care hospital, as defined in subdivision (a) line 29 of Section 1250, that is not a county-designated f acility pursuant line 30 to Section 5150 of the Welfare and Institutions Code, a licensed line 31 acute psychiatric hospital, as defined by subdivision (b) of Section line 32 1250, that is not a county-designated f acility pursuant to Section line 33 5150 of the Welfare and Institutions Code, licensed professional line 34 staff of those hospitals, or a ph ysician and sur geon, pro viding line 35 emergency medical services in any department of those hospitals line 36 to a person at the hospital shall not be civilly or criminally liable line 37 for the actions of a person detained up to 24 hours in those hospitals line 38 who is subject to detention pursuant to subdi vision (a) after that line 39 person’s release from the detention at the hospital, if all of the line 40 following conditions exist during the detention:
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line 1 (1) The person has not been admitted to a licensed general acute line 2 care hospital or a licensed acute psychiatric hospital for evaluation line 3 and treatment pursuant to Section 5150 of the Welfare and line 4 Institutions Code.
line 5 (2) The release from the licensed general acute care hospital or line 6 the licensed acute psychiatric hospital is authorized by a physician line 7 and sur geon or a clinical psychologist with the medical staf f line 8 privileges or professional responsibilities provided for in Section line 9 1316.5, who determines, based on a f ace-to-face examination of line 10 the person detained, that the person does not present a danger to line 11 themselves or others and is not gra vely disabled, as defined in line 12 paragraph (1) of subdi vision (a). In order for this paragraph to line 13 apply to a clinical psychologist, the clinical psychologist shall have line 14 a collaborati ve treatment relationship with the ph ysician and line 15 surgeon. The clinical psychologist may authorize the release of line 16 the person from the detention, b ut only after the clinical line 17 psychologist has consulted with the physician and surgeon. In the line 18 event of a clinical or professional disagreement re garding the line 19 release of a person subject to the detention, the detention shall be line 20 maintained unless the hospital’ s medical director o verrules the line 21 decision of the physician and surgeon opposing the release. Both line 22 the physician and surgeon and the clinical psychologist shall enter line 23 their findings, concerns, or objections in the person’ s medical line 24 record.
line 25 (d) Notwithstanding any other law, an examination, assessment, line 26 or evaluation that provides the basis for a determination or opinion line 27 of a ph ysician and sur geon or a clinical psychologist with the line 28 medical staff privileges or professional responsibilities pro vided line 29 for in Section 1316.5 that is specified in this section may be line 30 conducted using telehealth.
line 31 (e) This section does not af fect the responsibility of a general line 32 acute care hospital or an acute psychiatric hospital to comply with line 33 all state laws and regulations pertaining to the use of seclusion and line 34 restraint and psychiatric medications for psychiatric patients. line 35 Persons detained under this section shall retain their le gal rights line 36 regarding consent for medical treatment.
line 37 (f) A person detained under this section shall be credited for the line 38 time detained, up to 24 hours, if the person is placed on a line 39 subsequent 72-hour hold pursuant to Section 5150 of the Welfare line 40 and Institutions Code.
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line 1 (g) The amendments to this section made by Chapter 308 of the line 2 Statutes of 2007 do not limit an y e xisting duties for line 3 psychotherapists contained in Section 43.92 of the Civil Code. line 4 (h) This section does not e xpand the scope of licensure of line 5 clinical psychologists.
line 6 SEC. 2. Section 5008 of the Welfare and Institutions Code is line 7 amended to read:
line 8 5008. Unless the conte xt otherwise requires, the follo wing line 9 definitions shall govern the construction of this part:
line 10 (a) “Evaluation” consists of multidisciplinary professional line 11 analyses of a person’s medical, psychological, educational, social, line 12 financial, and le gal conditions as may appear to constitute a line 13 problem. Persons providing evaluation services shall be properly line 14 qualified professionals and may be full-time emplo yees of an line 15 agency pro viding f ace-to-face, which includes telehealth, line 16 evaluation services or may be part-time emplo yees or may be line 17 employed on a contractual basis.
line 18 (b) “Court-ordered evaluation” means an evaluation ordered by line 19 a superior court pursuant to Article 2 (commencing with Section line 20 5200) or by a superior court pursuant to Article 3 (commencing line 21 with Section 5225) of Chapter 2.
line 22 (c) “Intensive treatment” consists of such hospital and other line 23 services as may be indicated. Intensive treatment shall be provided line 24 by properly qualified professionals and carried out in f acilities line 25 qualifying for reimb ursement under the California Medical line 26 Assistance Program (Medi-Cal) set forth in Chapter 7 (commencing line 27 with Section 14000) of Part 3 of Division 9, or under Title XVIII line 28 of the federal Social Security Act and re gulations thereunder . line 29 Intensive treatment may be pro vided in hospitals of the United line 30 States government by properly qualified professionals. This part line 31 does not prohibit an intensive treatment facility from also providing line 32 72-hour evaluation and treatment.
line 33 (d) “Referral” is referral of persons by each agenc y or facility line 34 providing assessment, evaluation, crisis intervention, or treatment line 35 services to other agencies or indi viduals. The purpose of referral line 36 shall be to pro vide for continuity of care, and may include, b ut line 37 need not be limited to, informing the person of available services, line 38 making appointments on the person’ s behalf, discussing the line 39 person’s problem with the agency or individual to which the person line 40 has been referred, appraising the outcome of referrals, and 93 — 6 — SB 43
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line 1 arranging for personal escort and transportation when necessary . line 2 Referral shall be considered complete when the agenc y or line 3 individual to whom the person has been referred accepts line 4 responsibility for pro viding the necessary services. All persons line 5 shall be advised of a vailable precare services that pre vent initial line 6 recourse to hospital treatment or aftercare services that support line 7 adjustment to community li ving follo wing hospital treatment. line 8 These services may be pro vided through county or city mental line 9 health departments, state hospitals under the jurisdiction of the line 10 State Department of State Hospitals, regional centers under contract line 11 with the State Department of De velopmental Services, or other line 12 public or private entities.
line 13 Each agenc y or f acility pro viding e valuation services shall line 14 maintain a current and comprehensi ve file of all community line 15 services, both public and private. These files shall contain current line 16 agreements with agencies or indi viduals accepting referrals, as line 17 well as appraisals of the results of past referrals. line 18 (e) “Crisis intervention” consists of an intervie w or series of line 19 interviews within a brief period of time, conducted by qualified line 20 professionals, and designed to alle viate personal or f amily line 21 situations that present a serious and imminent threat to the health line 22 or stability of the person or the family. The interview or interviews line 23 may be conducted in the home of the person or f amily, or on an line 24 inpatient or outpatient basis with such therap y, or other services, line 25 as may be appropriate. The interview or interviews may include line 26 family members, significant support persons, pro viders, or other line 27 entities or indi viduals, as appropriate and as authorized by la w. line 28 Crisis intervention may, as appropriate, include suicide prevention, line 29 psychiatric, welfare, psychological, legal, or other social services. line 30 (f) “Prepetition screening” is a screening of all petitions for line 31 court-ordered evaluation as pro vided in Article 2 (commencing line 32 with Section 5200) of Chapter 2, consisting of a professional line 33 review of all petitions; an intervie w with the petitioner and, line 34 whenever possible, the person alleged, as a result of a mental health line 35 disorder, to be a danger to others, or to themselves, or to be gravely line 36 disabled, to assess the problem and e xplain the petition; when line 37 indicated, efforts to persuade the person to receive, on a voluntary line 38 basis, comprehensive evaluation, crisis intervention, referral, and line 39 other services specified in this part.
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line 1 (g) “Conservatorship investigation” means investigation by an line 2 agency appointed or designated by the governing body of cases in line 3 which conserv atorship is recommended pursuant to Chapter 3 line 4 (commencing with Section 5350).
line 5 (h) (1) For purposes of Article 1 (commencing with Section line 6 5150), Article 2 (commencing with Section 5200), and Article 4 line 7 (commencing with Section 5250) of Chapter 2, and for the purposes line 8 of Chapter 3 (commencing with Section 5350), “gravely disabled” line 9 means any of the following:
line 10 (A) A condition in which a person, as a result of a mental health line 11 disorder, a se vere substance use disorder , or a cooccurring line 12 co-occurring mental health disorder and a se vere substance use line 13 disorder, is unable to pro vide for their basic personal needs for line 14 food, clothing, or shelter , personal safety , or necessary medical line 15 care.
line 16 (B) A condition in which a person has been found mentally line 17 incompetent under Section 1370 of the Penal Code and all of the line 18 following facts exist:
line 19 (i) The complaint, indictment, or information pending ag ainst line 20 the person at the time of commitment char ges a felony involving line 21 death, great bodily harm, or a serious threat to the ph ysical line 22 well-being of another person.
line 23 (ii) There has been a finding of probable cause on a complaint line 24 pursuant to paragraph (2) of subdivision (a) of Section 1368.1 of line 25 the Penal Code, a preliminary e xamination pursuant to Section line 26 859b of the Penal Code, or a grand jury indictment, and the line 27 complaint, indictment, or information has not been dismissed. line 28 (iii) As a result of a mental health disorder, the person is unable line 29 to understand the nature and purpose of the proceedings tak en line 30 against them and to assist counsel in the conduct of their defense line 31 in a rational manner.
line 32 (iv) The person represents a substantial danger of physical harm line 33 to others by reason of a mental disease, defect, or disorder. line 34 (2) For purposes of Article 3 (commencing with Section 5225) line 35 and Article 4 (commencing with Section 5250), of Chapter 2, and line 36 for the purposes of Chapter 3 (commencing with Section 5350), line 37 “gravely disabled” means a person described in subparagraph (B) line 38 of paragraph (1).
line 39 (3) The term “gravely disabled” does not include persons with line 40 intellectual disabilities by reason of that disability alone. 93 — 8 — SB 43
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line 1 (4) A county, by adoption of a resolution of its governing body, line 2 may elect to defer implementation of the changes made to this line 3 section by Senate Bill 43 of the 2022–2023 Re gular Legislative line 4 Session until January 1, 2025.
line 5 (i) “Peace officer” means a duly sw orn peace officer as that line 6 term is defined in Chapter 4.5 (commencing with Section 830) of line 7 Title 3 of Part 2 of the Penal Code who has completed the basic line 8 training course established by the Commission on Peace Officer line 9 Standards and Training, or any parole officer or probation officer line 10 specified in Section 830.5 of the Penal Code when acting in relation line 11 to cases for which the officer has a legally mandated responsibility. line 12 (j) “Postcertification treatment” means an additional period of line 13 treatment pursuant to Article 6 (commencing with Section 5300) line 14 of Chapter 2.
line 15 (k) “Court,” unless otherwise specified, means a court of record. line 16 (l) “Antipsychotic medication” means an y medication line 17 customarily prescribed for the treatment of symptoms of psychoses line 18 and other severe mental and emotional disorders. line 19 (m) “Emergency” means a situation in which action to impose line 20 treatment over the person’ s objection is immediately necessary line 21 for the preservation of life or the prevention of serious bodily harm line 22 to the patient or others, and it is impracticable to first gain consent. line 23 It is not necessary for harm to tak e place or become unavoidable line 24 prior to treatment.
line 25 (n) “Designated facility” or “facility designated by the county line 26 for evaluation and treatment” means a f acility that is licensed or line 27 certified as a mental health treatment f acility or a hospital, as line 28 defined in subdivision (a) or (b) of Section 1250 of the Health and line 29 Safety Code, by the State Department of Public Health, and may line 30 include, but is not limited to, a licensed psychiatric hospital, a line 31 licensed psychiatric health f acility, and a certified crisis line 32 stabilization unit.
line 33 (o) “Severe substance use disorder” means a diagnosed line 34 substance-related disorder that meets the diagnostic criteria of line 35 “severe” as defined in the most current version of the Diagnostic line 36 and Statistical Manual of Mental Disorders.
line 37 (p) “Personal safety” means the ability of one to survive safely line 38 in the community without in voluntary detention or treatment line 39 pursuant to this part.
93 SB 43 — 9 —
Item: 15
470
line 1 (q) “Necessary medical care” means care that a licensed health line 2 care practitioner, while operating within the scope of their practice, line 3 determines to be necessary to pre vent serious deterioration of an line 4 existing ph ysical medical condition which, if left untreated, is line 5 likely to result in serious bodily injury as defined in Section line 6 15610.67.
line 7 SEC. 3. Section 5122 is added to the Welfare and Institutions line 8 Code, to read:
line 9 5122. (a) For purposes of an opinion of fered by an e xpert line 10 witness in a proceeding relating to the appointment or line 11 reappointment of a conservator pursuant to Chapter 3 (commencing line 12 with Section 5350) or Chapter 5 (commencing with Section 5450), line 13 the statements statement of a health practitioner , as defined in line 14 subdivision (d), included in the medical record are is not hearsay. line 15 made inadmissible by the hearsay rule when the statement pertains line 16 to the per son’s symptoms or behavior stemming fr om a mental line 17 health disorder or severe substance use disor der that the e xpert line 18 relies upon to explain the basis for their opinion, if the statement line 19 is based on the observation of the declarant, and the court finds, line 20 in a hearing conducted outside the pr esence of the jury, that the line 21 time, content, and circumstances of the statement provide sufficient line 22 indicia of reliability.
line 23 (b) This section does not prevent affect the ability of a party line 24 from calling to call as a witness the author declar ant of an y line 25 statement contained in the medical record, whether or not the line 26 author declarant’s statement was relied on by the expert witness. line 27 (c) The court may grant a reasonable continuance if an e xpert line 28 witness in a proceeding relied on the medical record and the line 29 medical record has not been provided to the parties or their counsel. line 30 (d) (1) “Health practitioner” means a ph ysician and sur geon, line 31 psychiatrist, psychologist, resident, intern, re gistered nurse, line 32 licensed clinical social worker or associate clinical social worker, line 33 marriage and f amily therapist, licensed professional clinical line 34 counselor, any emergency medical technician I or II, paramedic, line 35 or person certified pursuant to Di vision 2.5 (commencing with line 36 Section 1797) of the Health and Safety Code, a psychological line 37 associate registered pursuant to Section 2913 of the Business and line 38 Professions Code, and an unlicensed marriage and family therapist line 39 registered under Section 4980.44 of the Business and Professions line 40 Code.
93 — 10 — SB 43
Item: 15
471
line 1 (2) “Medical record” means any record, in any form or medium, line 2 maintained or lawfully obtained by , or in the custody or contr ol line 3 of, the office of the public conservator or public guar dian that is line 4 prepared by a health practitioner and relates to the health history, line 5 diagnosis, or condition of a patient, or r elating to tr eatment line 6 provided or proposed to be provided to the patient who is subject line 7 to a conservator ship pursuant to Chapter 3 (commencing with line 8 Section 5350). Medical r ecord includes r ecords of car e in any line 9 health-related setting used by health car e pr ofessionals while line 10 providing patient car e services, for r eviewing patient data or line 11 documenting observations, actions, or instructions, including line 12 records that ar e consider ed part of the active , o verflow, and line 13 discharge chart. Medical record also includes, but is not limited line 14 to, all alcohol and substance use and treatment records. line 15 (e) Nothing in this section af fects the application of Section line 16 1201 of the Evidence Code.
line 17 SEC. 4. Section 5350 of the Welfare and Institutions Code is line 18 amended to read:
line 19 5350. A conservator of the person, of the estate, or of the person line 20 and the estate may be appointed for a person who is gra vely line 21 disabled as a result of a mental health disorder or impairment by line 22 chronic alcoholism.
line 23 The procedure for establishing, administering, and terminating line 24 a conserv atorship under this chapter shall be the same as that line 25 provided in Di vision 4 (commencing with Section 1400) of the line 26 Probate Code, except as follows:
line 27 (a) A conserv ator may be appointed for a gra vely disabled line 28 minor.
line 29 (b) (1) Appointment of a conservator under this part, including line 30 the appointment of a conserv ator for a person who is gra vely line 31 disabled, as defined in subparagraph (A) of paragraph (1) of line 32 subdivision (h) of Section 5008, shall be subject to the list of line 33 priorities in Section 1812 of the Probate Code unless the officer line 34 providing conserv atorship in vestigation recommends otherwise line 35 to the superior court.
line 36 (2) In appointing a conserv ator for a person who is gra vely line 37 disabled, as defined in subparagraph (B) of paragraph (1) of line 38 subdivision (h) of Section 5008, the court shall consider the line 39 purposes of protection of the public and the treatment of the line 40 conservatee. Notwithstanding any other provision of this section, 93 SB 43 — 11 —
Item: 15
472
line 1 the court shall not appoint the proposed conserv ator if the court line 2 determines that appointment of the proposed conservator will not line 3 result in adequate protection of the public.
line 4 (c) A conservatorship of the estate pursuant to this chapter shall line 5 not be established if a conservatorship or guardianship of the estate line 6 exists under the Probate Code. When a gra vely disabled person line 7 already has a guardian or conserv ator of the person appointed line 8 under the Probate Code, the proceedings under this chapter shall line 9 not terminate the prior proceedings b ut shall be concurrent with line 10 and superior thereto. The superior court may appoint the existing line 11 guardian or conserv ator of the person or another person as line 12 conservator of the person under this chapter.
line 13 (d) (1) The person for whom conserv atorship is sought shall line 14 have the right to demand a court or jury trial on the issue of whether line 15 the person is gravely disabled. Demand for court or jury trial shall line 16 be made within fiv e days follo wing the hearing on the line 17 conservatorship petition. If the proposed conserv atee demands a line 18 court or jury trial before the date of the hearing as provided for in line 19 Section 5365, the demand shall constitute a waiver of the hearing. line 20 (2) Court or jury trial shall commence within 10 days of the line 21 date of the demand, e xcept that the court shall continue the trial line 22 date for a period not to exceed 15 days upon the request of counsel line 23 for the proposed conservatee. Failure to commence the trial within line 24 that period of time is grounds for dismissal of the conservatorship line 25 proceedings.
line 26 (3) This right shall also apply in subsequent proceedings to line 27 reestablish conservatorship.
line 28 (e) (1) Notwithstanding subparagraph (A) of paragraph (1) of line 29 subdivision (h) of Section 5008, a person is not “gravely disabled” line 30 if that person can survi ve safely without in voluntary detention line 31 with the help of responsible family, friends, or others who are both line 32 willing and able to help pro vide for the person’ s basic personal line 33 needs.
line 34 (2) However, unless they specifically indicate in writing their line 35 willingness and ability to help, family, friends, or others shall not line 36 be considered willing or able to provide this help. line 37 (3) The purpose of this subdivision is to avoid the necessity for, line 38 and the harmful effects of, requiring family, friends, and others to line 39 publicly state, and requiring the court to publicly find, that no one line 40 is willing or able to assist a person with a mental health disorder 93 — 12 — SB 43
Item: 15
473
line 1 in providing for the person’ s basic needs for food, clothing, or line 2 shelter.
line 3 (4) This subdivision does not apply to a person who is gravely line 4 disabled, as defined in subparagraph (B) of paragraph (1) of line 5 subdivision (h) of Section 5008.
line 6 (f) Conservatorship investigation shall be conducted pursuant line 7 to this part and shall not be subject to Section 1826 or Chapter 2 line 8 (commencing with Section 1850) of P art 3 of Di vision 4 of the line 9 Probate Code.
line 10 (g) Notice of proceedings under this chapter shall be gi ven to line 11 a guardian or conservator of the person or estate of the proposed line 12 conservatee appointed under the Probate Code.
line 13 (h) As otherwise provided in this chapter.
line 14 SEC. 5. Section 5402 of the Welfare and Institutions Code is line 15 amended to read:
line 16 5402. (a) The State Department of Health Care Services shall line 17 collect data quarterly and publish, on or before May 1 of each year, line 18 a report including quantitative, deidentified information concerning line 19 the operation of this division. The report shall include an evaluation line 20 of the effectiveness of achieving the legislative intent of this part line 21 pursuant to Section 5001. Based on information that is a vailable line 22 from each county , the report shall include all of the follo wing line 23 information:
line 24 (1) The number of persons in designated and approved facilities line 25 admitted or detained for 72-hour evaluation and treatment, admitted line 26 for 14-day and 30-day periods of intensive treatment, and admitted line 27 for 180-day postcertification intensive treatment in each county. line 28 (2) The number of persons transferred to mental health facilities line 29 pursuant to Section 4011.6 of the Penal Code in each county. line 30 (3) The number of persons for whom temporary conservatorships line 31 are established in each county.
line 32 (4) The number of persons for whom conserv atorships are line 33 established in each county.
line 34 (5) The number of persons admitted or detained either once, line 35 between tw o and fiv e times, between six and eight times, and line 36 greater than eight times for each type of detention, including line 37 72-hour evaluation and treatment, 14-day and 30-day periods of line 38 intensive treatment, and 180-day postcertification intensi ve line 39 treatment.
93 SB 43 — 13 —
Item: 15
474
line 1 (6) The clinical outcomes for individuals identified in paragraphs line 2 (1) to (4), inclusive.
line 3 (7) The services provided or offered to individuals identified in line 4 paragraphs (1) to (4), inclusi ve. Data pertaining to services line 5 provided or offered to individuals placed on each type of hold shall line 6 include, but not be limited to, assessment, evaluation, medication line 7 treatment, crisis interv ention, and psychiatric and psychological line 8 treatment services. Data pertaining to services shall specify payer line 9 information or funding used to pay for services. line 10 (8) The waiting periods for indi viduals prior to recei ving an line 11 evaluation in a designated and approved facility pursuant to Section line 12 5150 or 5151 and waiting periods for individuals prior to receiving line 13 treatment services in a designated f acility, including the reasons line 14 for waiting periods. The waiting period shall be calculated from line 15 the date and time when the hold be gan and end on the date and line 16 time when the indi vidual recei ved an e valuation or recei ved line 17 evaluation and treatment services in a designated facility. line 18 (9) If the source of admission is an emergency department, the line 19 date and time of service and release from emergency care. line 20 (10) Demographic data of those receiving care, including age, line 21 sex, gender identity , race, ethnicity , primary language, se xual line 22 orientation, veteran status, and housing status, to the extent those line 23 data are available.
line 24 (11) The number of all county-contracted beds. line 25 (12) The number and outcomes of all of the following:
line 26 (A) The certification review hearings held pursuant to Section line 27 5256.
line 28 (B) The petitions for writs of habeas corpus filed pursuant to line 29 Section 5275.
line 30 (C) The judicial review hearings held pursuant to Section 5276. line 31 (D) The petitions for capacity hearings filed pursuant to Section line 32 5332.
line 33 (E) The capacity hearings held pursuant to Section 5334 in each line 34 superior court.
line 35 (13) Analysis and e valuation of the efficac y of mental health line 36 assessments, detentions, treatments, and supporti ve services line 37 provided both under this part and subsequent to release. line 38 (14) Recommendations for impro ving mental health line 39 assessments, detentions, treatments, and supporti ve services line 40 provided both under this part and subsequent to release. 93 — 14 — SB 43
Item: 15
475
line 1 (15) An assessment of the disproportionate use of detentions line 2 and conservatorships on various groups, including an assessment line 3 of use by the race, ethnicity , gender identity, age group, v eteran line 4 status, housing status, and Medi-Cal enrollment status of detained line 5 and conserv ed persons. This assessment shall e valuate line 6 disproportionate use at the county, regional, and state levels. line 7 (16) An e xplanation for the absence of an y data required line 8 pursuant to this section that are not included in the report. line 9 (17) Beginning with the report due May 1, 2025, the report shall line 10 also include the progress that has been made on implementing line 11 recommendations from prior reports issued under this subdivision. line 12 (18) Beginning with the report due May 1, 2024, the number line 13 of persons admitted or detained, including 72-hour e valuations line 14 and treatment, 14-day and 30-day periods of intensive treatment, line 15 and 180-day postcertification intensive treatment, for each of the line 16 following conditions:
line 17 (A) Danger to self.
line 18 (B) Danger to others.
line 19 (C) Grave disability due to a mental health disorder. line 20 (D) Grave disability due to a severe substance use disorder. line 21 (E) Grave disability due to both a mental health disorder and a line 22 severe substance use disorder.
line 23 (b) (1) Each county behavioral health director, each designated line 24 and approved facility providing services to persons pursuant to line 25 this di vision, and each other entity in volved in implementing line 26 Section 5150 shall provide accurate and complete data in a form line 27 and manner, and in accordance with timelines, prescribed by the line 28 department. County behavioral health agencies and designated and line 29 approved facilities shall provide the data specified in paragraphs line 30 (1) to (11), inclusive, of subdivision (a), and any other information, line 31 records, and reports that the department deems necessary for the line 32 purposes of this section. Data shall be submitted on a quarterly line 33 basis, or more frequently , as required by the department. The line 34 department shall not have access to any patient name identifiers. line 35 (2) All data submitted to the department by each county line 36 behavioral health director and each designated and appro ved line 37 facility shall be transmitted in a secure manner in compliance with line 38 all applicable state and federal requirements, including, b ut not line 39 limited to, Section 164.312 of Title 45 of the Code of Federal line 40 Regulations.
93 SB 43 — 15 —
Item: 15
476
line 1 (c) Information published pursuant to subdivision (a) shall not line 2 contain data that may lead to the identification of patients receiving line 3 services under this division and shall contain statistical data only. line 4 Data published by the department shall be deidentified in line 5 compliance with subdivision (b) of Section 164.514 of Title 45 of line 6 the Code of Federal Regulations.
line 7 (d) The Judicial Council shall pro vide the department, by line 8 October 1 of each year , with data from each superior court to line 9 complete the report described in this section, including the number line 10 and outcomes of certification re view hearings held pursuant to line 11 Section 5256, petitions for writs of habeas corpus filed pursuant line 12 to Section 5275, judicial review hearings held pursuant to Section line 13 5276, petitions for capacity hearings filed pursuant to Section line 14 5332, and capacity hearings held pursuant to Section 5334 in each line 15 superior court. The department shall not have access to any patient line 16 name identifiers.
line 17 (e) The department shall make the report publicly available on line 18 the department’s internet website.
line 19 (f) (1) The department may impose a plan of correction against line 20 a facility that fails to submit data timely or as required pursuant line 21 to this section.
line 22 (2) The department may impose a plan of correction ag ainst a line 23 county that fails to submit data timely or as required pursuant to line 24 this section.
line 25 (g) Notwithstanding Chapter 3.5 (commencing with Section line 26 11340) of Part 1 of Division 3 of Title 2 of the Government Code, line 27 the department may implement, interpret, or mak e specific this line 28 section, in whole or in part, by means of information notices, line 29 provider bulletins, or other similar instructions, without taking any line 30 further regulatory action.
line 31 (h) The department may enter into e xclusive or none xclusive line 32 contracts, or amend existing contracts, on a bid or negotiated basis line 33 for purposes of administering or implementing the requirements line 34 of this section. Contracts entered into or amended pursuant to this line 35 section shall be exempt from Chapter 6 (commencing with Section line 36 14825) of P art 5.5 of Di vision 3 of Title 2 of the Go vernment line 37 Code, Section 19130 of the Go vernment Code, and P art 2 line 38 (commencing with Section 10100) of Di vision 2 of the Public line 39 Contract Code, and shall be e xempt from the review or approval line 40 of any division of the Department of General Services. 93 — 16 — SB 43
Item: 15
477
line 1 SEC. 5. Section 5354 of the Welfare and Institutions Code is line 2 amended to read:
line 3 5354. (a) The officer providing conservatorship investigation line 4 shall in vestigate all a vailable alternati ves to conserv atorship line 5 conservatorship, including, but not limited to, assisted outpatient line 6 treatment pursuant to Section 5346 and the Community Assistance, line 7 Recovery, and Empowerment (CARE) Act program pursuant to line 8 Section 5978, as applicable, and shall recommend conservatorship line 9 to the court only if no suitable alternati ves are a vailable. This line 10 officer shall render to the court a written report of in vestigation line 11 prior to the hearing. The report to the court shall be comprehensive line 12 and shall contain all rele vant aspects of the person’ s medical, line 13 psychological, financial, family, vocational, and social condition, line 14 and information obtained from the person’s family members, close line 15 friends, social worker, or principal therapist. The report shall also line 16 contain all available information concerning the person’s real and line 17 personal property. The facilities providing intensive treatment or line 18 comprehensive evaluation shall disclose any records or information line 19 which that may facilitate the investigation. If the officer providing line 20 conservatorship investigation recommends either for or ag ainst line 21 conservatorship, the officer shall set forth all alternatives available, line 22 including all conservator ship, assisted outpatient tr eatment line 23 pursuant to Section 5346 and the CARE Act program pursuant to line 24 Section 5978, as applicable , and all other less restricti ve line 25 alternatives. A cop y of the report shall be transmitted to the line 26 individual who originally recommended conserv atorship, to the line 27 person or agenc y, if an y, recommended to serv e as conserv ator, line 28 and to the person recommended for conserv atorship. The court line 29 may receive the report in evidence and may read and consider the line 30 contents thereof in rendering its judgment.
line 31 (b) Notwithstanding Section 5328, when a court with jurisdiction line 32 over a person in a criminal case orders an evaluation of the person’s line 33 mental condition pursuant to Section 5200, and that e valuation line 34 leads to a conservatorship investigation, the officer providing the line 35 conservatorship in vestigation shall serv e a cop y of the report line 36 required under subdi vision (a) upon the defendant or the line 37 defendant’s counsel. Upon the prior written request of the line 38 defendant or the defendant’ s counsel, the officer pro viding the line 39 conservatorship investigation shall also submit a copy of the report line 40 to the court hearing the criminal case, the district attorney, and the 93 SB 43 — 17 —
Item: 15
478
line 1 county probation department. The conservatorship investigation line 2 report and the information contained in that report, shall be k ept line 3 confidential and shall not be further disclosed to an yone without line 4 the prior written consent of the defendant. After disposition of the line 5 criminal case, the court shall place all copies of the report in a line 6 sealed file, except as follows:
line 7 (1) The defendant and the defendant’s counsel may retain their line 8 copy.
line 9 (2) If the defendant is placed on probation status, the county line 10 probation department may retain a cop y of the report for the line 11 purpose of supervision of the defendant until the probation is line 12 terminated, at which time the probation department shall return line 13 its copy of the report to the court for placement into the sealed file. line 14 SEC. 6. Section 5402 of the Welfare and Institutions Code is line 15 amended to read:
line 16 5402. (a) The State Department of Health Care Services shall line 17 collect data quarterly and publish, on or before May 1 of each year, line 18 a report including quantitative, deidentified information concerning line 19 the operation of this division. The report shall include an evaluation line 20 of the effectiveness of achieving the legislative intent of this part line 21 pursuant to Section 5001. Based on information that is a vailable line 22 from each county , the report shall include all of the follo wing line 23 information:
line 24 (1) The number of persons in designated and approved facilities line 25 admitted or detained for 72-hour evaluation and treatment, admitted line 26 for 14-day and 30-day periods of intensive treatment, and admitted line 27 for 180-day postcertification intensive treatment in each county. line 28 (2) The number of persons transferred to mental health facilities line 29 pursuant to Section 4011.6 of the Penal Code in each county. line 30 (3) The number of persons for whom temporary conservatorships line 31 are established in each county.
line 32 (4) The number of persons for whom conserv atorships are line 33 established in each county.
line 34 (5) The number of persons admitted or detained either once, line 35 between tw o and fiv e times, between six and eight times, and line 36 greater than eight times for each type of detention, including line 37 72-hour evaluation and treatment, 14-day and 30-day periods of line 38 intensive treatment, and 180-day postcertification intensi ve line 39 treatment.
93 — 18 — SB 43
Item: 15
479
line 1 (6) The clinical outcomes for individuals identified in paragraphs line 2 (1) to (4), inclusive.
line 3 (7) The services provided or offered to individuals identified in line 4 paragraphs (1) to (4), inclusi ve. Data pertaining to services line 5 provided or offered to individuals placed on each type of hold shall line 6 include, but not be limited to, assessment, evaluation, medication line 7 treatment, crisis interv ention, and psychiatric and psychological line 8 treatment services. Data pertaining to services shall specify the line 9 payer information or funding used to pay for services. line 10 (8) The waiting periods for indi viduals prior to recei ving an line 11 evaluation in a designated and approved facility pursuant to Section line 12 5150 or 5151 and waiting periods for individuals prior to receiving line 13 treatment services in a designated f acility, including the reasons line 14 for waiting periods. The waiting period shall be calculated from line 15 the date and time when the hold be gan and end on the date and line 16 time when the indi vidual recei ved an e valuation or recei ved line 17 evaluation and treatment services in a designated facility. line 18 (9) If the source of admission is an emergency department, the line 19 date and time of service and release from emergency care. line 20 (10) Demographic data of those receiving care, including age, line 21 sex, gender identity , race, ethnicity , primary language, se xual line 22 orientation, veteran status, and housing status, to the extent those line 23 data are available.
line 24 (11) The number of all county-contracted beds. line 25 (12) The number and outcomes of all of the following:
line 26 (A) The certification review hearings held pursuant to Section line 27 5256.
line 28 (B) The petitions for writs of habeas corpus filed pursuant to line 29 Section 5275.
line 30 (C) The judicial review hearings held pursuant to Section 5276. line 31 (D) The petitions for capacity hearings filed pursuant to Section line 32 5332.
line 33 (E) The capacity hearings held pursuant to Section 5334 in each line 34 superior court.
line 35 (13) Analysis and e valuation of the efficac y of mental health line 36 assessments, detentions, treatments, and supporti ve services line 37 provided both under this part and subsequent to release. line 38 (14) Recommendations for impro ving mental health line 39 assessments, detentions, treatments, and supporti ve services line 40 provided under this part and subsequent to release. 93 SB 43 — 19 —
Item: 15
480
line 1 (15) An assessment of the disproportionate use of detentions line 2 and conservatorships on various groups, including an assessment line 3 of use by the race, ethnicity , gender identity, age group, v eteran line 4 status, housing status, and Medi-Cal enrollment status of detained line 5 and conserv ed persons. This assessment shall e valuate line 6 disproportionate use at the county, regional, and state levels. line 7 (16) An e xplanation for the absence of an y data required line 8 pursuant to this section that are not included in the report. line 9 (17) Beginning with the report due May 1, 2025, the report shall line 10 also include the progress that has been made on implementing line 11 recommendations from prior reports issued under this subdivision. line 12 (18) Beginning with the report due May 1, 2024, the number of line 13 persons admitted or detained, including 72-hour evaluations and line 14 treatment, 14-day and 30-day periods of intensive treatment, and line 15 180-day postcertification intensive tr eatment, for eac h of the line 16 following conditions:
line 17 (A) Danger to self.
line 18 (B) Danger to others.
line 19 (C) Grave disability due to a mental health disorder. line 20 (D) Grave disability due to a severe substance use disorder. line 21 (E) Grave disability due to both a mental health disor der and line 22 a severe substance use disorder.
line 23 (b) (1) (A) Each county behavioral health director shall provide line 24 accurate and complete data to the department in a form and manner, line 25 and in accordance with timelines, prescribed by the department. line 26 (B) County behavioral health directors shall pro vide the data line 27 specified in paragraphs (1) to (11), inclusi ve, of subdivision (a), line 28 and any other information, records, and reports that the department line 29 deems necessary for the purposes of this section. line 30 (C) Data shall be submitted on a quarterly basis, or more line 31 frequently, as required by the department. The department shall line 32 not have access to patient name identifiers.
line 33 (2) (A) Each designated and appro ved f acility that admits, line 34 detains, or provides services to persons pursuant to this part and line 35 Part 1.5 (commencing with Section 5585) and each other entity line 36 involved in implementing Section 5150 shall collect and pro vide line 37 accurate and complete data to the county behavioral health director line 38 in the county in which the y operate to meet the reporting line 39 obligations specified in paragraphs (1) to (11), inclusi ve, of line 40 subdivision (a) and an y other information, records, and reports 93 — 20 — SB 43
Item: 15
481
line 1 that the county or the department deems necessary for the purposes line 2 of this section.
line 3 (B) A county may establish policies and procedures for this line 4 paragraph to ensure compliance with the requirements of this line 5 section. These facilities and entities shall collect and report data line 6 to the county behavioral health director consistent with the county’s line 7 policies and procedures, if established.
line 8 (C) Data shall be submitted to the county beha vioral health line 9 director on a quarterly basis, or more frequently , as required by line 10 the county.
line 11 (3) A county behavioral health director shall provide the accurate line 12 and complete data it recei ves pursuant to paragraph (2) to the line 13 department pursuant to paragraph (1).
line 14 (4) All data submitted to the department by each county line 15 behavioral health director shall be transmitted in a secure manner line 16 in compliance with all applicable state and federal requirements, line 17 including, but not limited to, Section 164.312 of Title 45 of the line 18 Code of Federal Regulations.
line 19 (c) Information published pursuant to subdivision (a) shall not line 20 contain data that may lead to the identification of patients receiving line 21 services under this division and shall contain statistical data only. line 22 Data published by the department shall be deidentified in line 23 compliance with subdivision (b) of Section 164.514 of Title 45 of line 24 the Code of Federal Regulations.
line 25 (d) The Judicial Council shall pro vide the department, by line 26 October 1 of each year , with data from each superior court to line 27 complete the report described in this section, including the number line 28 and outcomes of certification re view hearings held pursuant to line 29 Section 5256, petitions for writs of habeas corpus filed pursuant line 30 to Section 5275, judicial review hearings held pursuant to Section line 31 5276, petitions for capacity hearings filed pursuant to Section line 32 5332, and capacity hearings held pursuant to Section 5334 in each line 33 superior court. The department shall not ha ve access to patient line 34 name identifiers.
line 35 (e) The department shall make the report publicly available on line 36 the department’s internet website.
line 37 (f) (1) The department may impose a plan of correction or line 38 assess civil money penalties, pursuant to paragraph (3), or both, line 39 against a designated and approved facility that fails to submit data line 40 on a timely basis or as otherwise required by this section. 93 SB 43 — 21 —
Item: 15
482
line 1 (2) The department may impose a plan of correction or assess line 2 civil money penalties, pursuant to paragraph (3), or both, ag ainst line 3 a county that fails to submit data on a timely basis or as otherwise line 4 required by this section.
line 5 (3) The department may assess civil money penalties against a line 6 designated and approved facility or county in the amount of fifty line 7 dollars ($50) per day from the date specified in the notice to impose line 8 civil money penalties from the department.
line 9 (4) (A) A designated and appro ved f acility or county may line 10 submit an informal written appeal of a civil money penalty to the line 11 department within 30 calendar days of the date of issuance of a line 12 notice to impose civil money penalties.
line 13 (B) The designated and approved facility or county shall include line 14 any supporting documentation and e xplain an y mitig ating line 15 circumstances.
line 16 (C) The department shall mak e a determination on the appeal line 17 within 60 calendar days of receipt of the informal written appeal. line 18 (5) (A) A designated and appro ved f acility or county may line 19 request a formal hearing within 30 calendar days follo wing the line 20 issuance of the department’ s final determination on the appeal line 21 pursuant to paragraph (4).
line 22 (B) All hearings to re view the imposition of ci vil mone y line 23 penalties shall be held pursuant to the procedures set forth in line 24 Section 100171 of the Health and Safety Code.
line 25 (C) Civil mone y penalties imposed upon a designated and line 26 approved f acility or county shall continue to accrue until the line 27 effective date of the final decision of the department. line 28 (g) (1) The Lanterman-Petris-Short Act Data and Reporting line 29 Oversight Fund is hereby created in the State Treasury. line 30 (2) The Lanterman-Petris-Short Act Data and Reporting line 31 Oversight Fund shall be administered by the State Department of line 32 Health Care Services.
line 33 (3) Civil money penalties assessed and collected pursuant to line 34 subdivision (f) shall be deposited into this fund. line 35 (4) (A) Notwithstanding Section 13340 of the Go vernment line 36 Code, moneys deposited in the Lanterman-Petris-Short Act Data line 37 and Reporting Oversight Fund shall be continuously appropriated, line 38 without regard to fiscal year , to the State Department of Health line 39 Care Services for the purposes of funding its o versight activities line 40 and administrative costs associated with implementing this section. 93 — 22 — SB 43
Item: 15
483
line 1 (B) Notwithstanding any other law, the Controller may use the line 2 moneys in the Lanterman-Petris-Short Act Data and Reporting line 3 Oversight Fund for cashflow loans to the General Fund as provided line 4 in Sections 16310 and 16381 of the Government Code. line 5 (h) Notwithstanding Chapter 3.5 (commencing with Section line 6 11340) of Part 1 of Division 3 of Title 2 of the Government Code, line 7 the department may implement, interpret, or mak e specific this line 8 section, in whole or in part, by means of information notices, line 9 provider bulletins, or other similar instructions, without taking any line 10 further regulatory action.
line 11 (i) The department may enter into e xclusive or none xclusive line 12 contracts, or amend existing contracts, on a bid or negotiated basis line 13 for purposes of administering or implementing the requirements line 14 of this section. Contracts entered into or amended pursuant to this line 15 section shall be exempt from Chapter 6 (commencing with Section line 16 14825) of P art 5.5 of Di vision 3 of Title 2 of the Go vernment line 17 Code, Section 19130 of the Go vernment Code, and P art 2 line 18 (commencing with Section 10100) of Di vision 2 of the Public line 19 Contract Code, and shall be e xempt from the review or approval line 20 of any division of the Department of General Services. line 21 SEC. 6.
line 22 SEC. 7. If the Commission on State Mandates determines that line 23 this act contains costs mandated by the state, reimb ursement to line 24 local agencies and school districts for those costs shall be made line 25 pursuant to Part 7 (commencing with Section 17500) of Division line 26 4 of Title 2 of the Government Code.
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AMENDED IN SENATE MAY 18, 2023
AMENDED IN SENATE APRIL 20, 2023
SENATE BILL No. 252
Introduced by Senators Gonzalez, Stern, and Wiener
(Coauthor: Senator Portantino)
January 30, 2023
An act to amend Section 16642 of, and to add Section 7513.76 to, the Government Code, relating to public retirement systems. legislative counsel’s digest
SB 252, as amended, Gonzalez. Public retirement systems: fossil fuels: divestment.
The California Constitution grants the retirement board of a public employee retirement system plenary authority and fiduciary responsibility for in vestment of mone ys and administration of the retirement fund and system. These pro visions qualify this grant of powers by reserving to the Le gislature the authority to prohibit investments if it is in the public interest and the prohibition satisfies standards of fiduciary care and loyalty required of a retirement board.
Existing law prohibits the boards of the Public Employees’ Retirement System and the State Teachers’ Retirement System from making ne w investments or rene wing e xisting in vestments of public emplo yee retirement funds in a thermal coal compan y, as defined. Existing la w requires the boards to liquidate investments in thermal coal companies on or before July 1, 2017, and requires the boards, in making a determination to liquidate in vestments, to constructively engage with thermal coal companies to establish whether the companies are transitioning their business models to adapt to clean energy generation.
Existing law provides that it does not require a board to take any action
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unless the board determines in good f aith that the action is consistent with the board’s fiduciary responsibilities established in the California Constitution.
This bill w ould prohibit the boards of the Public Emplo yees’ Retirement System and the State Teachers’ Retirement System from making new investments or rene wing existing investments of public employee retirement funds in a fossil fuel compan y, as defined. The bill would require the boards to liquidate in vestments in a fossil fuel company on or before July 1, 2031. The bill would temporarily suspend the abo ve-described liquidation pro vision upon a good f aith determination by the board that certain conditions materially impact normal market mechanisms for pricing assets, as specified, and would make this suspension pro vision inoperative on January 1, 2035. The bill would provide that it does not require a board to tak e any action unless the board determines in good f aith that the action is consistent with the board’s fiduciary responsibilities established in the California Constitution.
This bill would require the boards, commencing February 1, 2025, and annually thereafter , to file a report with the Le gislature and the Governor, containing specified information, including a list of fossil fuel companies of which the board has liquidated their in vestments.
The bill w ould pro vide that board members and other officers and employees shall be held harmless and be eligible for indemnification in connection with actions taken pursuant to the bill’s requirements, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 7513.76 is added to the Government line 2 Code, to read:
line 3 7513.76. (a) The Le gislature finds and declares all of the line 4 following:
line 5 (1) The combustion of coal, oil, and natural gas, known as fossil line 6 fuels, is the single largest contributor to global climate change. line 7 (2) Climate change affects all parts of the California economy line 8 and environment, and the Legislature has adopted numerous laws line 9 to mitigate greenhouse gas emissions and to adapt to a changing line 10 climate.
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line 1 (3) Fossil fuel companies’ plans to e xpand production, public line 2 relations campaigns, and ef forts to obstruct climate stabilization line 3 policies are incompatible with California’s climate goals, and our line 4 obligation to current and future generations.
line 5 (4) The production of fossil fuels and the ef fects of climate line 6 change resulting from the use of fossil fuels all lead to line 7 disproportionate adverse impacts on low-income communities and line 8 communities of color.
line 9 (5) A transition a way from fossil fuels to clean ener gy will line 10 create greater emplo yment, support the economy , and impro ve line 11 public health.
line 12 (6) The purpose of this section is to require the Public line 13 Employees’ Retirement System and the State Teachers’ Retirement line 14 System, consistent with, and not in violation of, their fiduciary line 15 responsibilities, to di vest their holdings of fossil fuel compan y line 16 investments as one part of the state’s broader efforts to decarbonize line 17 the California economy and to transition to clean, pollution-free line 18 energy resources.
line 19 (b) As used in this section, the following definitions shall apply:
line 20 (1) “Board” means the Board of Administration of the Public line 21 Employees’ Retirement System or the Teachers’ Retirement Board line 22 of the State Teachers’ Retirement System, as applicable. line 23 (2) “Company” means a sole proprietorship, or ganization, line 24 association, corporation, partnership, v enture, or other entity , or line 25 its subsidiary or affiliate, that exists for profitmaking purposes or line 26 to otherwise secure economic advantage.
line 27 (3) “Investment” means the purchase, ownership, or control of line 28 publicly issued stock, corporate bonds, or other debt instruments line 29 issued by a compan y. “In vestments” also includes purchase, line 30 ownership, or control of mutual funds and exchange-traded funds, line 31 unless the board is satisfied on reasonable grounds that a mutual line 32 fund or e xchange-traded fund is unlik ely to ha ve in e xcess of 2 line 33 percent of its assets, a veraged annually , directly or indirectly line 34 invested in fossil fuel companies.
line 35 (4) “Public emplo yee retirement funds” means the Public line 36 Employees’ Retirement Fund described in Section 20062 of this line 37 code, and the Teachers’ Retirement Fund described in Section line 38 22167 of the Education Code.
line 39 (5) “Fossil fuel” means petroleum oil, natural gas, and thermal line 40 coal. Thermal coal is coal used to generate electricity, such as that 97 SB 252 — 3 —
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line 1 which is burned to create steam to run turbines. Thermal coal does line 2 not mean metallurgical coal or coking coal used to produce steel. line 3 (6) “Fossil fuel company” means one of the 200 largest publicly line 4 traded fossil fuel companies, as established by carbon content in line 5 the companies’ proven oil, gas, and coal reserves. line 6 (c) The board shall not make additional or new investments or line 7 renew existing investments of public emplo yee retirement funds line 8 in a fossil fuel company.
line 9 (d) (1) The board shall liquidate in vestments in a fossil fuel line 10 company on or before July 1, 2031.
line 11 (2) Notwithstanding paragraph (1), this subdi vision shall be line 12 suspended upon a good f aith determination by the board that an line 13 act of God, w ar, or other unforeseeable e vent creates conditions line 14 that materially impact normal market mechanisms for pricing assets line 15 and shall only be reinstated upon a subsequent good faith finding line 16 of the board that market conditions have substantially returned to line 17 normal e x-ante. Upon such a finding, the board shall ha ve six line 18 months to liquidate an y remaining in vestments in a fossil fuel line 19 company.
line 20 (3) Paragraph (2) shall remain in ef fect only until January 1, line 21 2035, and as of that date is inoperative.
line 22 (e) (1) Commencing February 1, 2025, and annually on line 23 February 1 thereafter, the board shall create a report that includes line 24 the following:
line 25 (A) A list of fossil fuel companies of which the board has line 26 liquidated its investments pursuant to subdivision (d). line 27 (B) A list of fossil fuel companies with which the board still line 28 has not liquidated its investments.
line 29 (C) A list of fossil fuel companies of which the board has not line 30 liquidated its in vestments as a result of a determination made line 31 pursuant to subdivision (f) that a sale or transfer of investments is line 32 inconsistent with the fiduciary responsibilities of the board as line 33 described in Section 17 of Article XVI of the California line 34 Constitution and the board’ s findings adopted in support of that line 35 determination.
line 36 (D) An analysis of methods and opportunities to rapidly and line 37 effectively reduce dependence on fossil fuels and transition to line 38 alternative ener gy sources in a realistic timeframe that a voids line 39 negatively contrib uting to economic conditions particularly 97 — 4 — SB 252
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line 1 damaging to public employee retirement funds and to overall net line 2 employment earnings of the state’s workforce.
line 3 (2) The board shall submit the report to the Le gislature, in line 4 compliance with Section 9795, and to the Governor, and shall post line 5 the report on the board’s internet website.
line 6 (f) Nothing in this section shall require a board to tak e action line 7 as described in this section unless the board determines in good line 8 faith that the action described in this section is consistent with the line 9 fiduciary responsibilities of the board described in Section 17 of line 10 Article XVI of the California Constitution.
line 11 SEC. 2. Section 16642 of the Government Code, as amended line 12 by Section 3 of Chapter 459 of the Statutes of 2019, is amended line 13 to read:
line 14 16642. (a) Present, future, and former board members of the line 15 Public Emplo yees’ Retirement System or the State Teachers’ line 16 Retirement System, jointly and indi vidually, state officers and line 17 employees, research firms described in subdivision (d) of Section line 18 7513.6, and investment managers under contract with the Public line 19 Employees’ Retirement System or the State Teachers’ Retirement line 20 System shall be indemnified from the General Fund and held line 21 harmless by the State of California from all claims, demands, suits, line 22 actions, damages, judgments, costs, char ges, and e xpenses, line 23 including court costs and attorney’s fees, and against all liability, line 24 losses, and damages of any nature whatsoever that these present, line 25 future, or former board members, officers, emplo yees, research line 26 firms as described in subdivision (d) of Section 7513.6, or contract line 27 investment managers shall or may at an y time sustain by reason line 28 of an y decision to restrict, reduce, or eliminate in vestments line 29 pursuant to Sections 7513.6, 7513.7, 7513.74, 7513.75, and line 30 7513.76.
line 31 (b) This section shall remain in effect only until Section 7513.74 line 32 is repealed, and as of that date is repealed.
line 33 SEC. 3. Section 16642 of the Government Code, as added by line 34 Section 4 of Chapter 459 of the Statutes of 2019, is amended to line 35 read:
line 36 16642. (a) Present, future, and former board members of the line 37 Public Emplo yees’ Retirement System or the State Teachers’ line 38 Retirement System, jointly and indi vidually, state officers and line 39 employees, research firms described in subdivision (d) of Section line 40 7513.6, and investment managers under contract with the Public 97 SB 252 — 5 —
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line 1 Employees’ Retirement System or the State Teachers’ Retirement line 2 System shall be indemnified from the General Fund and held line 3 harmless by the State of California from all claims, demands, suits, line 4 actions, damages, judgments, costs, char ges, and e xpenses, line 5 including court costs and attorney’s fees, and against all liability, line 6 losses, and damages of any nature whatsoever that these present, line 7 future, or former board members, officers, emplo yees, research line 8 firms as described in subdivision (d) of Section 7513.6, or contract line 9 investment managers shall or may at an y time sustain by reason line 10 of an y decision to restrict, reduce, or eliminate in vestments line 11 pursuant to Sections 7513.6, 7513.7, 7513.75, and 7513.76. line 12 (b) This section shall become operati ve upon the repeal of line 13 Section 7513.74.
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AMENDED IN SENATE MAY 18, 2023
SENATE BILL No. 363
Introduced by Senator Eggman
(Coauthors: Senators Allen and Rubio)
(Coauthor: Assembly Member Gallagher)
February 8, 2023
An act to add Article 7.1 (commencing with Section 1323.2) to Chapter 2 of Division 2 of the Health and Safety Code, relating to health and care facilities, and making an appropriation therefor. legislative counsel’s digest
SB 363, as amended, Eggman. Facilities for inpatient and residential mental health and substance use disorder: database.
Existing law generally requires the State Department of Public Health to license, inspect, and re gulate health f acilities, defined to include, among other types of health f acilities, an acute psychiatric hospital.
Existing law generally requires the State Department of Social Services to license, inspect, and regulate various types of care facilities, including, among others, a community crisis home. Existing law requires the State Department of Health Care Services to license and re gulate facilities that provide residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug reco very treatment or detoxification services.
This bill w ould require, by January 1, 2025, 2026, the State Department of Health Care Services, in consultation with the State Department of Public Health and the State Department of Social Services, and by conferring with specified stak eholders, to develop a real-time, internet-based database to collect, aggre gate, and display
98 Item: 15
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information about beds in specified types of facilities, such as chemical dependency recovery hospitals, acute psychiatric hospitals, and mental health rehabilitation centers, among others, to identify the a vailability of inpatient and residential mental health or substance use disorder treatment. The bill would require the database to include a minimum of specific information, including the contact information for a facility’s designated employee, the types of diagnoses or treatments for which the bed is appropriate, and the target populations served at the facility, and have the capacity to, among other things, enable searches to identify beds that are appropriate for indi viduals in need of inpatient or residential mental health or substance use disorder treatment.
This bill would authorize the department to impose a plan of correction or assess penalties against a facility that fails to submit data accurately, timely, or as otherwise required and w ould establish a process for facilities to appeal these penalties. The bill would create the Available Care for Inpatient and Residential Mental Health or Substance Use Disorder Treatment Database Maintenance and Oversight Fund for the receipt of any penalties. Because the bill would continuously appropriate moneys in the fund for administrati ve costs of implementing the database, it would create an appropriation.
Vote: 2⁄3. 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. Article 7.1 (commencing with Section 1323.2) line 2 is added to Chapter 2 of Division 2 of the Health and Safety Code, line 3 to read:
line 4
line 5 Article 7.1. Availability of Inpatient and Residential Mental line 6 Health and Substance Use Disorder Treatment Beds line 7
line 8 1323.2. (a) (1) The State Department of Health Care Services, line 9 in consultation with the State Department of Public Health and the line 10 State Department of Social Services, shall de velop a real-time, line 11 internet-based database to collect, aggre gate, and display line 12 information about beds in all of the following facilities to identify line 13 the a vailability of inpatient and residential mental health or line 14 substance use disorder treatment:
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line 1 (A) General acute care hospitals designated as part of line 2 supplemental psychiatric unit or chemical dependency service. line 3 (B) Chemical dependency recovery hospitals.
line 4 (C) Acute psychiatric hospitals and licensed long-term care line 5 facilities with a mental health program appro val or certification line 6 from the State Department of Health Care Services. line 7 (D) Psychiatric health facilities.
line 8 (E) Mental health rehabilitation centers.
line 9 (F) Inpatient psychiatric facilities.
line 10 (G) Crisis stabilization units.
line 11 (H) Licensed community care f acilities with a mental health line 12 program approval or certification from the State Department of line 13 Health Care Services.
line 14 (I) Licensed residential alcoholism or drug ab use recovery or line 15 treatment facilities.
line 16 (2) The facilities specified in paragraph (1) shall submit accurate line 17 and timely data to the database in a form and manner prescribed line 18 by the State Department of Health Care Services in consultation line 19 with the State Department of Public Health and the State line 20 Department of Social Services.
line 21 (3) The database shall be operational by January 1, 2025. 2026. line 22 (b) (1) Except as described in paragraph (3), the database line 23 created pursuant to subdi vision (a) shall include, at a minimum, line 24 all of the following:
line 25 (A) The contact information for the f acility’s designated line 26 employee.
line 27 (B) The facility’s license type.
line 28 (C) Whether the f acility pro vides substance use disorder line 29 treatment, mental health treatment, medical treatment, or an y line 30 combination of those treatments.
line 31 (D) Whether the bed is secure for the treatment of a person who, line 32 as a result of a mental health disorder , is a danger to others or to line 33 themselves or gravely disabled, pursuant to P art 1 (commencing line 34 with Section 5000) of Di vision 5 of the Welfare and Institutions line 35 Code.
line 36 (E) The types of diagnoses or treatments for which the bed is line 37 appropriate.
line 38 (F) The age ranges for which the bed is appropriate. line 39 (G) Whether the bed is available.
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line 1 (H) Whether the bed is a vailable for children subject to a line 2 petition, and those adjudicated a dependent, pursuant to Section line 3 300 of the Welfare and Institutions Code, nonminor dependents line 4 as defined in subdivision (v) of Section 11400 of the Welfare and line 5 Institutions Code, or minors subject to a petition, and those line 6 adjudicated a ward, pursuant to Section 601 or 602 of the Welfare line 7 and Institutions Code.
line 8 (I) For perinatal residential alcoholism or drug abuse recovery line 9 or treatment f acilities, whether the bed is a vailable for a minor line 10 child of individuals receiving treatment at the facility. line 11 (J) The target populations served at the facility. line 12 (K) The levels of care pro vided at the f acility, including, b ut line 13 not limited to, medically or clinically managed detoxification. line 14 (L) Specific services available, by bed, to assist with determining line 15 appropriate placement for treatment, including, but not limited to, line 16 medications for addiction treatment.
line 17 (M) Type of payment accepted at the facility.
line 18 (2) The database created pursuant to subdivision (a) shall have line 19 the following capabilities, at minimum:
line 20 (A) To collect data.
line 21 (B) To enable searches to identify beds that are appropriate for line 22 individuals in need of inpatient or residential mental health or line 23 substance use disorder treatment.
line 24 (3) The database shall not include an y information relating to line 25 state hospitals under the jurisdiction of the State Department of line 26 State Hospitals.
line 27 (4) The database and the information contained therein shall be line 28 maintained in a manner that complies with all applicable state and line 29 federal confidentiality la ws. The database and the information line 30 contained therein shall not be publicly a vailable, and the State line 31 Department of Health Care Services may limit access to entities line 32 authorized by the department in a manner that is consistent with line 33 state and federal confidentiality laws.
line 34 (c) (1) The State Department of Health Care Services shall have line 35 the authority to impose a plan of correction or assess civil money line 36 penalties pursuant to paragraph (2), or both, ag ainst a f acility line 37 specified in subdi vision (a) that f ails to submit data accurately , line 38 timely, or as required pursuant to this section. line 39 (2) The department may determine a reasonable length of time line 40 for completion of a plan of correction. The department may issue 98 — 4 — SB 363
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line 1 a notice of imposition of civil money penalties if the facility fails line 2 to complete a plan of correction by the time specified. The line 3 department may assess penalties ag ainst a facility in the amount line 4 of one hundred dollars ($100) per day from the date of notice of line 5 imposition of penalties.
line 6 (3) A facility may submit a written appeal to the department line 7 within 15 working days of the issuance of the notice specified in line 8 paragraph (2). The f acility shall include an y supporting line 9 documentation and e xplain an y mitig ating circumstances. The line 10 department shall mak e a determination on the appeal within 30 line 11 calendar days of receipt of a complete appeal.
line 12 (4) A facility may request a formal hearing within 30 calendar line 13 days of the department’s determination on the appeal pursuant to line 14 paragraph (3). Except for licensed residential alcoholism or drug line 15 abuse reco very or treatment f acilities, hearings to re view the line 16 imposition of civil money penalties shall be conducted pursuant line 17 to the requirements set forth in Section 100171. Ci vil mone y line 18 penalties ag ainst a f acility shall continue to accrue until the line 19 effective date of the final decision of the department. line 20 (5) Notwithstanding Section 100171, hearings to re view the line 21 imposition of ci vil money penalties ag ainst licensed residential line 22 alcoholism or drug abuse recovery or treatment facilities shall be line 23 conducted pursuant to the requirements set forth in Section line 24 11834.37.
line 25 (6) The State Department of Health Care Services may obtain line 26 a court order to reco ver unpaid ci vil money penalties ag ainst a line 27 facility identified in subdivision (a).
line 28 (d) The Available Care for Inpatient and Residential Mental line 29 Health or Substance Use Disorder Treatment Database Maintenance line 30 and Oversight Fund is hereby created in the State Treasury, to be line 31 administered and overseen by the State Department of Health Care line 32 Services. Civil money penalties assessed and collected pursuant line 33 to this section shall be deposited into this fund. Notwithstanding line 34 Section 13340 of the Go vernment Code, the funds deposited in line 35 this fund shall be continuously appropriated, without re gard to line 36 fiscal year, to the State Department of Health Care Services for line 37 purposes of funding its administrati ve costs associated with line 38 implementing this section.
line 39 (e) The department shall confer with stakeholders to inform the line 40 development of the database. Stak eholders represented in this 98 SB 363 — 5 —
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line 1 process shall include, but are not limited to, the State Department line 2 of Public Health, the State Department of Social Services, the line 3 County Behavioral Health Directors Association of California, the line 4 California Hospital Association, or ganizations representing line 5 providers, consumers, and f amily members, or ganizations that line 6 have experience providing inpatient psychiatric le vel of care or line 7 services in a general acute care hospital, chemical dependenc y line 8 recovery hospital or an acute psychiatric hospital, licensed line 9 long-term care facilities with a mental health program approval or line 10 certification from the State Department of Health Care Services, line 11 organizations that ha ve e xperience pro viding psychiatric crisis line 12 stabilization, organizations that have experience providing services line 13 in community care f acilities with a State Department of Health line 14 Care Services mental health program appro val or certification, line 15 psychiatric health facilities and mental health rehabilitation centers, line 16 and or ganizations that ha ve e xperience pro viding residential line 17 alcoholism or drug ab use reco very or treatment services. The line 18 department and stakeholders shall consider strategies for facility line 19 use of the database.
line 20 (f) (1) The State Department of Health Care Services and the line 21 State Department of Social Services may enter into e xclusive or line 22 nonexclusive contracts, or amend e xisting contracts, on a bid or line 23 negotiated basis for purposes of administering or implementing line 24 the requirements of this section.
line 25 (2) Contracts entered into or amended pursuant to this section line 26 shall be exempt from Chapter 6 (commencing with Section 14825) line 27 of P art 5.5 of Di vision 3 of Title 2 of the Go vernment Code, line 28 Section 19130 of the Government Code, and Part 2 (commencing line 29 with Section 10100) of Di vision 2 of the Public Contract Code, line 30 and shall be exempt from the review or approval of any division line 31 of the Department of General Services.
line 32 (g) Notwithstanding Chapter 3.5 (commencing with Section line 33 11340) of Part 1 of Division 3 of Title 2 of the Government Code, line 34 the State Department of Health Care Services may implement, line 35 interpret, or mak e specific this section, in whole or in part, by line 36 means of information notices, provider bulletins, or other similar line 37 instructions, without further regulatory action.
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AMENDED IN ASSEMBLY AUGUST 14, 2023
AMENDED IN ASSEMBLY JUNE 30, 2023
AMENDED IN ASSEMBLY JUNE 19, 2023
AMENDED IN SENATE MAY 23, 2023
AMENDED IN SENATE MARCH 28, 2023
SENATE BILL No. 423
Introduced by Senator Wiener
(Principal coauthor: Assembly Member Wicks)
(Coauthor: Senator Hurtado)
(Coauthor: Assembly Member Grayson)
February 13, 2023
An act to amend Section 65913.4 of the Government Code, relating to land use.
legislative counsel’s digest
SB 423, as amended, Wiener. Land use: streamlined housing approvals: multifamily housing developments.
Existing law, the Planning and Zoning Law, authorizes a development proponent to submit an application for a multif amily housing development that is subject to a streamlined, ministerial appro val process, as provided, and not subject to a conditional use permit, if the development satisfies specified objective planning standards, including, among others, that the development proponent has committed to record, prior to the issuance of the first b uilding permit, a land use restriction or covenant providing that any lower or moderate-income housing units required, as specified, remain available at affordable housing costs, as defined, or rent to persons and f amilies of lower or moderate-income
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for no less than specified periods of time. Existing la w repeals these provisions on January 1, 2026.
This bill would authorize the Department of General Services to act in the place of a locality or local go vernment, at the discretion of that department, for purposes of the ministerial, streamlined re view for development in compliance with the above-described requirements on property owned by or leased to the state. The bill w ould extend the operation of the streamlined, ministerial appro val process to January 1, 2036. The bill would provide that the streamlined, ministerial approval process does not apply to applications for de velopments proposed on qualified sites, defined as a site that is located within an equine or equestrian district and meets certain other requirements, that are submitted on or after January 1, 2024, but before July 1, 2025.
This bill w ould modify the abo ve-described objecti ve planning standards, including by deleting revising the standard that prohibits a multifamily housing development from being subject to the streamlined, ministerial approval process if the development is located in a coastal zone, and by providing zone to apply only if the de velopment located in the coastal zone meets any one of specified conditions. The bill would require that a development located in a coastal zone that satisfies the specified conditions obtain a coastal development permit. The bill would require a local go vernment to approve a coastal de velopment permit if it determines that the de velopment is consistent with all objective standards of the local go vernment’s certified local coastal pr ogram, as specified. The bill would provide that the changes made by this act would apply in a coastal zone on or after January 1, 2025.
The bill would also modify the abo ve-described objective planning standards by deleting the standard that prohibits a multifamily housing development from being subject to the streamlined, ministerial approval process if the development is located in a high or very high fire hazard severity zone, as specified. The bill would instead state the intent of the Legislature to consult with the Department of Housing and Community Development, the Department of F orestry and F ire Protection, and other appropriate experts and stakeholders to identify whether, and to what extent, the str eamlined, ministerial appr oval of pr ojects under this section will apply in high and very high fire hazard severity zones, taking into consider ation topographies, physical cir cumstances, and uses. The bill would also provide an alternative definition for “affordable rent” for a de velopment that dedicates 100% of units, e xclusive of a manager’s unit or units, to lo wer income households. The bill would, 94 — 2 — SB 423
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among other modifications, delete the objecti ve planning standards requiring development proponents to pay at least the general prevailing rate of per diem wages and utilize a skilled and trained workforce and would instead require a de velopment proponent to certify to the local government that certain wage and labor standards will be met, including a requirement that all construction workers be paid at least the general prevailing rate of wages, as specified. The bill would require the Labor Commissioner to enforce the oblig ation to pay pre vailing wages. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill w ould specify that the requirements to pay prevailing wages, use a w orkforce participating in an apprenticeship, or provide health care expenditures do not apply to a project that consists of 10 or fewer units and is not otherwise a public work.
Existing law requires a local government to approve a development if the local government determines the development is consistent with the objecti ve planning standards. Existing la w requires, if the local government determines a submitted development is in conflict with any of the objecti ve planning standards, the local go vernment to pro vide the development proponent written documentation of the standards the development conflicts with and an e xplanation for the conflict within certain timelines depending on the size of the de velopment. Existing law, the Housing Accountability Act, prohibits a local agenc y from disapproving a housing de velopment project, as described, unless it makes specified written findings.
This bill w ould instead require appro val if a local go vernment’s planning director or equivalent position determines the development is consistent with the objective planning standards. The bill would make conforming changes. The bill would require all departments of the local government that are required to issue an appro val of the development prior to the granting of an entitlement to also comply with the above-described streamlined appro val requirements within specified time periods. The bill would prohibit a local government from requiring, prior to appro ving a de velopment that meets the requirements of the above-described streamlining provisions, compliance with any standards necessary to receive a postentitlement permit or studies, information, or other materials that do not pertain directly to determining whether the development is consistent with the objecti ve planning standards applicable to the development.
The bill w ould, for purposes of these pro visions, establish that the total number of units in a de velopment includes (1) all projects 94 SB 423 — 3 —
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developed on a site, regardless of when those developments occur, and (2) all projects developed on sites adjacent to a site developed pursuant to these provisions if, after January 1, 2023, the adjacent site had been subdivided from the site developed pursuant to these provisions.
Existing la w requires, before submitting an application for a development subject to the abo ve-described streamlined, ministerial approval process, the de velopment proponent to submit to the local government a notice of its intent to submit an application, as described.
For developments proposed in a census tract that is designated either as a moderate resource area, lo w resource area, or an area of high segregation and po verty, as described, this bill w ould require local governments to provide, within 45 days of receiving a notice of intent and before the de velopment proponent submits an application for the proposed development that is subject to the streamlined, ministerial approval process, for a public meeting, as described, to pro vide an opportunity for the public and the local government to comment on the development.
Existing law authorizes the local government’s planning commission or an y equi valent board or commission responsible for re view and approval of development projects, or as otherwise specified, to conduct any design review or public oversight of the development.
This bill would remove the above-described authorization to conduct public oversight of the development and would only authorize design review to be conducted by the local government’s planning commission or any equivalent board or commission responsible for design review.
By imposing additional duties on local officials, the bill would impose a state-mandated local program.
The bill w ould include findings that changes proposed by this bill address a matter of state wide concern rather than a municipal af fair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimb urse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for specified reasons.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
94 — 4 — SB 423
Item: 15
500
The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares that it has line 2 provided reforms and incenti ves to f acilitate and e xpedite the line 3 construction of affordable housing. Those reforms and incentives line 4 can be found in the following provisions:
line 5 (a) Housing element la w (Article 10.6 (commencing with line 6 Section 65580) of Chapter 3 of Di vision 1 of Title 7 of the line 7 Government Code).
line 8 (b) Extension of statute of limitations in actions challenging the line 9 housing element and brought in support of af fordable housing line 10 (subdivision (d) of Section 65009 of the Government Code). line 11 (c) Restrictions on disappro val of housing de velopments line 12 (Section 65589.5 of the Government Code).
line 13 (d) Priority for affordable housing in the allocation of water and line 14 sewer hookups (Section 65589.7 of the Government Code). line 15 (e) Least cost zoning law (Section 65913.1 of the Government line 16 Code).
line 17 (f) Density Bonus La w (Section 65915 of the Go vernment line 18 Code).
line 19 (g) Accessory dwelling units (Sections 65852.150 and 65852.2 line 20 of the Government Code).
line 21 (h) By-right housing, in which certain multif amily housing is line 22 designated a permitted use (Section 65589.4 of the Go vernment line 23 Code).
line 24 (i) No-net-loss-in zoning density law limiting downzonings and line 25 density reductions (Section 65863 of the Government Code). line 26 (j) Requiring persons who sue to halt affordable housing to pay line 27 attorney’s fees (Section 65914 of the Go vernment Code) or post line 28 a bond (Section 529.2 of the Code of Civil Procedure). line 29 (k) Reduced time for action on affordable housing applications line 30 under the appro val of de velopment permits process (Article 5 line 31 (commencing with Section 65950) of Chapter 4.5 of Di vision 1 line 32 of Title 7 of the Government Code).
line 33 (l) Limiting moratoriums on multifamily housing (Section 65858 line 34 of the Government Code).
line 35 (m) Prohibiting discrimination ag ainst af fordable housing line 36 (Section 65008 of the Government Code).
94 SB 423 — 5 —
Item: 15
501
line 1 (n) California F air Emplo yment and Housing Act (P art 2.8 line 2 (commencing with Section 12900) of Division 3 of Title 2 of the line 3 Government Code).
line 4 (o) Community Redevelopment Law (Part 1 (commencing with line 5 Section 33000) of Division 24 of the Health and Safety Code, and line 6 in particular Sections 33334.2 and 33413 of the Health and Safety line 7 Code).
line 8 (p) Streamlining housing approvals during a housing shortage line 9 (Section 65913.4 of the Government Code).
line 10 (q) Housing sustainability districts (Chapter 11 (commencing line 11 with Section 66200) of Di vision 1 of Title 7 of the Go vernment line 12 Code).
line 13 (r) Streamlining agricultural emplo yee housing de velopment line 14 approvals (Section 17021.8 of the Health and Safety Code). line 15 (s) The Housing Crisis Act of 2019 (Senate Bill 330 (Chapter line 16 654 of the Statutes of 2019)).
line 17 (t) Allowing four units to be b uilt on single-f amily parcels line 18 statewide (Senate Bill 9 (Chapter 162 of the Statutes of 2021)). line 19 (u) The Middle Class Housing Act of 2022 (Section 65852.24 line 20 of the Government Code).
line 21 (v) Affordable Housing and High Road Jobs Act of 2022 line 22 (Chapter 4.1 (commencing with Section 65912.100) of Di vision line 23 1 of Title 7 of the Government Code).
line 24 SEC. 2. Section 65913.4 of the Government Code is amended line 25 to read:
line 26 65913.4. (a) Except as pro vided in subdi vision (r), a line 27 development proponent may submit an application for a line 28 development that is subject to the streamlined, ministerial approval line 29 process pro vided by subdi vision (c) and is not subject to a line 30 conditional use permit or an y other nonle gislative discretionary line 31 approval if the de velopment complies with subdi vision (b) and line 32 satisfies all of the following objective planning standards:
line 33 (1) The development is a multifamily housing development that line 34 contains two or more residential units.
line 35 (2) The development and the site on which it is located satisfy line 36 all of the following:
line 37 (A) It is a legal parcel or parcels located in a city if, and only line 38 if, the city boundaries include some portion of either an urbanized line 39 area or urban cluster, as designated by the United States Census line 40 Bureau, or , for unincorporated areas, a le gal parcel or parcels 94 — 6 — SB 423
Item: 15
502
line 1 wholly within the boundaries of an urbanized area or urban cluster, line 2 as designated by the United States Census Bureau. line 3 (B) At least 75 percent of the perimeter of the site adjoins parcels line 4 that are developed with urban uses. For the purposes of this section, line 5 parcels that are only separated by a street or highw ay shall be line 6 considered to be adjoined.
line 7 (C) (i) A site that meets the requirements of clause (ii) and line 8 satisfies any of the following:
line 9 (I) The site is zoned for residential use or residential mixed-use line 10 development.
line 11 (II) The site has a general plan designation that allows residential line 12 use or a mix of residential and nonresidential uses. line 13 (III) The site meets the requirements of Section 65852.24. line 14 (ii) At least two-thirds of the square footage of the development line 15 is designated for residential use. Additional density, floor area, line 16 and units, and an y other concession, incenti ve, or w aiver of line 17 development standards granted pursuant to the Density Bonus Law line 18 in Section 65915 shall be included in the square footage line 19 calculation. The square footage of the de velopment shall not line 20 include underground space, such as basements or under ground line 21 parking garages.
line 22 (3) (A) The development proponent has committed to record, line 23 prior to the issuance of the first b uilding permit, a land use line 24 restriction or co venant pro viding that an y lo wer or moderate line 25 income housing units required pursuant to subparagraph (B) of line 26 paragraph (4) shall remain a vailable at af fordable housing costs line 27 or rent to persons and f amilies of lower or moderate-income for line 28 no less than the following periods of time:
line 29 (i) Fifty-five years for units that are rented. line 30 (ii) Forty-five years for units that are owned. line 31 (B) The city or county shall require the recording of covenants line 32 or restrictions implementing this paragraph for each parcel or unit line 33 of real property included in the development.
line 34 (4) The development satisfies clause (i) or (ii) of subparagraph line 35 (A) and satisfies subparagraph (B) below:
line 36 (A) (i) For a development located in a locality that is in its sixth line 37 or earlier housing element c ycle, the de velopment is located in line 38 either of the following:
line 39 (I) In a locality that the department has determined is subject line 40 to this clause on the basis that the number of units that have been 94 SB 423 — 7 —
Item: 15
503
line 1 issued building permits, as shown on the most recent production line 2 report received by the department, is less than the locality’s share line 3 of the re gional housing needs, by income cate gory, for that line 4 reporting period. A locality shall remain eligible under this line 5 subclause until the department’ s determination for the ne xt line 6 reporting period.
line 7 (II) In a locality that the department has determined is subject line 8 to this clause on the basis that the locality did not adopt a housing line 9 element that has been found in substantial compliance with housing line 10 element law (Article 10.6 (commencing with Section 65580) of line 11 Chapter 3) by the department. A locality shall remain eligible under line 12 this subclause until such time as the locality adopts a housing line 13 element that has been found in substantial compliance with housing line 14 element law (Article 10.6 (commencing with Section 65580) of line 15 Chapter 3) by the department.
line 16 (ii) For a development located in a locality that is in its seventh line 17 or later housing element c ycle, is located in a locality that the line 18 department has determined is subject to this clause on the basis line 19 that the locality did not adopt a housing element that has been line 20 found in substantial compliance with housing element law (Article line 21 10.6 (commencing with Section 65580) of Chapter 3) by the line 22 department by the statutory deadline, or that the number of units line 23 that have been issued building permits, as shown on the most recent line 24 production report recei ved by the department, is less than the line 25 locality’s share of the regional housing needs, by income category, line 26 for that reporting period. A locality shall remain eligible under line 27 this subparagraph until the department’s determination for the next line 28 reporting period.
line 29 (B) The development is subject to a requirement mandating a line 30 minimum percentage of below market rate housing based on one line 31 of the following:
line 32 (i) The locality did not adopt a housing element pursuant to line 33 Section 65588 that has been found in substantial compliance with line 34 the housing element law (Article 10.6 (commencing with Section line 35 65580) of Chapter 3) by the department, did not submit its latest line 36 production report to the department by the time period required line 37 by Section 65400, or that production report submitted to the line 38 department reflects that there were fe wer units of abo ve line 39 moderate-income housing issued b uilding permits than were line 40 required for the regional housing needs assessment cycle for that 94 — 8 — SB 423
Item: 15
504
line 1 reporting period. In addition, if the project contains more than 10 line 2 units of housing, the project does one of the following:
line 3 (I) For for-rent projects, the project dedicates a minimum of 10 line 4 percent of the total number of units, before calculating any density line 5 bonus, to housing affordable to households making at or below 50 line 6 percent of the area median income. Ho wever, if the locality has line 7 adopted a local ordinance that requires that greater than 10 percent line 8 of the units be dedicated to housing af fordable to households line 9 making below 50 percent of the area median income, that local line 10 ordinance applies.
line 11 (II) For for-sale projects, the project dedicates a minimum of line 12 10 percent of the total number of units, before calculating an y line 13 density bonus, to housing af fordable to households making at or line 14 below 80 percent of the area median income. Ho wever, if the line 15 locality has adopted a local ordinance that requires that greater line 16 than 10 percent of the units be dedicated to housing affordable to line 17 households making below 80 percent of the area median income, line 18 that local ordinance applies.
line 19 (III) (ia) If the project is located within the San Francisco Bay line 20 area, the project, in lieu of complying with subclause (I) or (II), line 21 may opt to abide by this subclause. Projects utilizing this subclause line 22 shall dedicate 20 percent of the total number of units, before line 23 calculating any density bonus, to housing affordable to households line 24 making below 100 percent of the area median income with the line 25 average income of the units at or belo w 80 percent of the area line 26 median income. However, a local ordinance adopted by the locality line 27 applies if it requires greater than 20 percent of the units be line 28 dedicated to housing affordable to households making at or below line 29 100 percent of the area median income, or requires that any of the line 30 units be dedicated at a le vel deeper than 100 percent. In order to line 31 comply with this subclause, the rent or sale price charged for units line 32 that are dedicated to housing affordable to households between 80 line 33 percent and 100 percent of the area median income shall not exceed line 34 30 percent of the gross income of the household. line 35 (ib) For purposes of this subclause, “San Francisco Bay area” line 36 means the entire area within the territorial boundaries of the line 37 Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, line 38 Santa Clara, Solano, and Sonoma, and the City and County of San line 39 Francisco.
94 SB 423 — 9 —
Item: 15
505
line 1 (ii) The locality’s latest production report reflects that there line 2 were fewer units of housing issued building permits affordable to line 3 either v ery lo w income or lo w-income households by income line 4 category than were required for the re gional housing needs line 5 assessment cycle for that reporting period, and the project seeking line 6 approval dedicates 50 percent of the total number of units, before line 7 calculating any density bonus, to housing affordable to households line 8 making at or belo w 80 percent of the area median income. line 9 However, if the locality has adopted a local ordinance that requires line 10 that greater than 50 percent of the units be dedicated to housing line 11 affordable to households making at or below 80 percent of the area line 12 median income, that local ordinance applies.
line 13 (iii) The locality did not submit its latest production report to line 14 the department by the time period required by Section 65400, or line 15 if the production report reflects that there were fe wer units of line 16 housing affordable to both income levels described in clauses (i) line 17 and (ii) that were issued b uilding permits than were required for line 18 the re gional housing needs assessment c ycle for that reporting line 19 period, the project seeking approval may choose between utilizing line 20 clause (i) or (ii).
line 21 (C) (i) A development proponent that uses a unit of affordable line 22 housing to satisfy the requirements of subparagraph (B) may also line 23 satisfy any other local or state requirement for affordable housing, line 24 including local ordinances or the Density Bonus La w in Section line 25 65915, provided that the de velopment proponent complies with line 26 the applicable requirements in the state or local la w. If a local line 27 requirement for affordable housing requires units that are restricted line 28 to households with incomes higher than the applicable income line 29 limits required in subparagraph (B), then units that meet the line 30 applicable income limits required in subparagraph (B) shall be line 31 deemed to satisfy those local requirements for higher income units. line 32 (ii) A de velopment proponent that uses a unit of af fordable line 33 housing to satisfy any other state or local affordability requirement line 34 may also satisfy the requirements of subparagraph (B), pro vided line 35 that the de velopment proponent complies with applicable line 36 requirements of subparagraph (B).
line 37 (iii) A de velopment proponent may satisfy the af fordability line 38 requirements of subparagraph (B) with a unit that is restricted to line 39 households with incomes lower than the applicable income limits line 40 required in subparagraph (B).
94 — 10 — SB 423
Item: 15
506
line 1 (D) The amendments to this subdivision made by the act adding line 2 this subparagraph do not constitute a change in, but are declaratory line 3 of, existing law.
line 4 (5) The development, excluding any additional density or an y line 5 other concessions, incentives, or waivers of development standards line 6 for which the development is eligible pursuant to the Density Bonus line 7 Law in Section 65915, is consistent with objecti ve zoning line 8 standards, objective subdivision standards, and objecti ve design line 9 review standards in ef fect at the time that the de velopment is line 10 submitted to the local go vernment pursuant to this section, or at line 11 the time a notice of intent is submitted pursuant to subdivision (b), line 12 whichever occurs earlier. For purposes of this paragraph, “objective line 13 zoning standards, ” “objecti ve subdi vision standards, ” and line 14 “objective design review standards” mean standards that in volve line 15 no personal or subjecti ve judgment by a public official and are line 16 uniformly v erifiable by reference to an e xternal and uniform line 17 benchmark or criterion a vailable and kno wable by both the line 18 development applicant or proponent and the public official before line 19 submittal. These standards may be embodied in alternati ve line 20 objective land use specifications adopted by a city or county, and line 21 may include, but are not limited to, housing overlay zones, specific line 22 plans, inclusionary zoning ordinances, and density bonus line 23 ordinances, subject to the following:
line 24 (A) A development shall be deemed consistent with the objective line 25 zoning standards related to housing density , as applicable, if the line 26 density proposed is compliant with the maximum density allowed line 27 within that land use designation, notwithstanding an y specified line 28 maximum unit allocation that may result in fewer units of housing line 29 being permitted.
line 30 (B) In the event that objective zoning, general plan, subdivision, line 31 or design re view standards are mutually inconsistent, a line 32 development shall be deemed consistent with the objective zoning line 33 and subdi vision standards pursuant to this subdi vision if the line 34 development is consistent with the standards set forth in the general line 35 plan.
line 36 (C) It is the intent of the Le gislature that the objective zoning line 37 standards, objective subdivision standards, and objecti ve design line 38 review standards described in this paragraph be adopted or line 39 amended in compliance with the requirements of Chapter 905 of line 40 the Statutes of 2004.
94 SB 423 — 11 —
Item: 15
507
line 1 (D) The amendments to this subdivision made by the act adding line 2 this subparagraph do not constitute a change in, but are declaratory line 3 of, existing law.
line 4 (E) A project that satisfies the requirements of Section 65852.24 line 5 shall be deemed consistent with objecti ve zoning standards, line 6 objective design standards, and objective subdivision standards if line 7 the project is consistent with the pro visions of subdivision (b) of line 8 Section 65852.24 and if none of the square footage in the project line 9 is designated for hotel, motel, bed and breakf ast inn, or other line 10 transient lodging use, except for a residential hotel. For purposes line 11 of this subdivision, “residential hotel” shall have the same meaning line 12 as defined in Section 50519 of the Health and Safety Code. line 13 (6) The development is not located on a site that is an y of the line 14 following:
line 15 (A) An area of the coastal zone subject to paragraph (1) or (2) line 16 of subdivision (a) of Section 30603 of the Public Resources Code. line 17 (B) An area of the coastal zone that is not subject to a certified line 18 local coastal program or a certified land use plan. line 19 (C) In a coastal zone , an area vulnerable to three feet of sea line 20 level rise, as determined by the National Oceanic and Atmospheric line 21 Administration or the Ocean Protection Council. line 22 (D) In a parcel in the coastal zone and located on either of the line 23 following:
line 24 (i) On, or within a 100-foot radius of, a wetland, as defined in line 25 Section 30121 of the Public Resources Code.
line 26 (ii) On prime a gricultural land, as defined in Sections 30113 line 27 and 30241 of the Public Resources Code.
line 28 (A)
line 29 (E) Either prime farmland or farmland of statewide importance, line 30 as defined pursuant to United States Department of Agriculture line 31 land inventory and monitoring criteria, as modified for California, line 32 and designated on the maps prepared by the F armland Mapping line 33 and Monitoring Program of the Department of Conserv ation, or line 34 land zoned or designated for agricultural protection or preservation line 35 by a local ballot measure that w as approved by the voters of that line 36 jurisdiction.
line 37 (B)
line 38 (F) Wetlands, as defined in the United States Fish and Wildlife line 39 Service Manual, Part 660 FW 2 (June 21, 1993).
94 — 12 — SB 423
Item: 15
508
line 1 (C) Within a very high fire hazard severity zone, as determined line 2 by the Department of F orestry and Fire Protection pursuant to line 3 Section 51178, or within a high or v ery high fire hazard severity line 4 zone as indicated on maps adopted by the Department of Forestry line 5 and Fire Protection pursuant to Section 4202 of the Public line 6 Resources Code. This subparagraph does not apply to sites line 7 excluded from the specified hazard zones by a local agenc y, line 8 pursuant to subdi vision (b) of Section 51179, or sites that ha ve line 9 adopted fire hazard mitig ation measures pursuant to e xisting line 10 building standards or state fire mitigation measures applicable to line 11 the development.
line 12 (G) It is the intent of the Le gislature to consult with the line 13 Department of Housing and Community De velopment, the line 14 Department of Forestry and Fire Protection, and other appropriate line 15 experts and stakeholders to identify whether, and to what e xtent, line 16 the streamlined ministerial approval of projects under this section line 17 will apply in high and very high fire hazard severity zones, taking line 18 into consideration topographies, physical circumstances, and uses. line 19 (D)
line 20 (H) A hazardous w aste site that is listed pursuant to Section line 21 65962.5 or a hazardous substances release site designated by the line 22 Department of Toxic Substances Control pursuant to Section 25356 line 23 of the Health and Safety Code, unless either of the following apply:
line 24 (i) The site is an underground storage tank site that received a line 25 uniform closure letter issued pursuant to subdivision (g) of Section line 26 25296.10 of the Health and Safety Code based on closure criteria line 27 established by the State Water Resources Control Board for line 28 residential use or residential mix ed uses. This section does not line 29 alter or change the conditions to remo ve a site from the list of line 30 hazardous waste sites listed pursuant to Section 65962.5. line 31 (ii) The State Department of Public Health, State Water line 32 Resources Control Board, Department of Toxic Substances Control, line 33 or a local agency making a determination pursuant to subdivision line 34 (c) of Section 25296.10 of the Health and Safety Code, has line 35 otherwise determined that the site is suitable for residential use or line 36 residential mixed uses.
line 37 (E)
line 38 (I) Within a delineated earthquake fault zone as determined by line 39 the State Geologist in an y official maps published by the State line 40 Geologist, unless the development complies with applicable seismic 94 SB 423 — 13 —
Item: 15
509
line 1 protection b uilding code standards adopted by the California line 2 Building Standards Commission under the California Building line 3 Standards La w (P art 2.5 (commencing with Section 18901) of line 4 Division 13 of the Health and Safety Code), and by an y local line 5 building department under Chapter 12.2 (commencing with Section line 6 8875) of Division 1 of Title 2.
line 7 (F)
line 8 (J) Within a special flood hazard area subject to inundation by line 9 the 1 percent annual chance flood (100-year flood) as determined line 10 by the Federal Emer gency Management Agency in an y official line 11 maps published by the Federal Emergency Management Agency. line 12 If a development proponent is able to satisfy all applicable federal line 13 qualifying criteria in order to pro vide that the site satisfies this line 14 subparagraph and is otherwise eligible for streamlined appro val line 15 under this section, a local government shall not deny the application line 16 on the basis that the development proponent did not comply with line 17 any additional permit requirement, standard, or action adopted by line 18 that local government that is applicable to that site. A development line 19 may be located on a site described in this subparagraph if either line 20 of the following are met:
line 21 (i) The site has been subject to a Letter of Map Re vision line 22 prepared by the Federal Emer gency Management Agency and line 23 issued to the local jurisdiction.
line 24 (ii) The site meets Federal Emer gency Management Agency line 25 requirements necessary to meet minimum flood plain management line 26 criteria of the National Flood Insurance Program pursuant to Part line 27 59 (commencing with Section 59.1) and P art 60 (commencing line 28 with Section 60.1) of Subchapter B of Chapter I of Title 44 of the line 29 Code of Federal Regulations.
line 30 (G)
line 31 (K) Within a regulatory floodway as determined by the Federal line 32 Emergency Management Agency in any official maps published line 33 by the Federal Emer gency Management Agency, unless the line 34 development has recei ved a no-rise certification in accordance line 35 with Section 60.3(d)(3) of Title 44 of the Code of Federal line 36 Regulations. If a de velopment proponent is able to satisfy all line 37 applicable federal qualifying criteria in order to pro vide that the line 38 site satisfies this subparagraph and is otherwise eligible for line 39 streamlined approval under this section, a local government shall line 40 not den y the application on the basis that the de velopment 94 — 14 — SB 423
Item: 15
510
line 1 proponent did not comply with any additional permit requirement, line 2 standard, or action adopted by that local go vernment that is line 3 applicable to that site.
line 4 (H)
line 5 (L) Lands identified for conserv ation in an adopted natural line 6 community conservation plan pursuant to the Natural Community line 7 Conservation Planning Act (Chapter 10 (commencing with Section line 8 2800) of Di vision 3 of the Fish and Game Code), habitat line 9 conservation plan pursuant to the federal Endangered Species Act line 10 of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural line 11 resource protection plan.
line 12 (I)
line 13 (M) Habitat for protected species identified as candidate, line 14 sensitive, or species of special status by state or federal agencies, line 15 fully protected species, or species protected by the federal line 16 Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), line 17 the California Endangered Species Act (Chapter 1.5 (commencing line 18 with Section 2050) of Division 3 of the Fish and Game Code), or line 19 the Native Plant Protection Act (Chapter 10 (commencing with line 20 Section 1900) of Division 2 of the Fish and Game Code). line 21 (J)
line 22 (N) Lands under conservation easement.
line 23 (7) The development is not located on a site where an y of the line 24 following apply:
line 25 (A) The de velopment w ould require the demolition of the line 26 following types of housing:
line 27 (i) Housing that is subject to a recorded co venant, ordinance, line 28 or la w that restricts rents to le vels af fordable to persons and line 29 families of moderate, low, or very low income.
line 30 (ii) Housing that is subject to any form of rent or price control line 31 through a public entity’s valid exercise of its police power. line 32 (iii) Housing that has been occupied by tenants within the past line 33 10 years.
line 34 (B) The site was previously used for housing that was occupied line 35 by tenants that w as demolished within 10 years before the line 36 development proponent submits an application under this section. line 37 (C) The development would require the demolition of a historic line 38 structure that w as placed on a national, state, or local historic line 39 register.
94 SB 423 — 15 —
Item: 15
511
line 1 (D) The property contains housing units that are occupied by line 2 tenants, and units at the property are, or were, subsequently offered line 3 for sale to the general public by the subdivider or subsequent owner line 4 of the property.
line 5 (8) Except as pro vided in paragraph (9), a proponent of a line 6 development project approved by a local government pursuant to line 7 this section shall require in contracts with construction contractors, line 8 and shall certify to the local go vernment, that the follo wing line 9 standards specified in this paragraph will be met in project line 10 construction, as applicable:
line 11 (A) A development that is not in its entirety a public w ork for line 12 purposes of Chapter 1 (commencing with Section 1720) of Part 7 line 13 of Di vision 2 of the Labor Code and appro ved by a local line 14 government pursuant to Article 2 (commencing with Section line 15 65912.110) or Article 3 (commencing with Section 65912.120) line 16 shall be subject to all of the following:
line 17 (i) All construction workers employed in the e xecution of the line 18 development shall be paid at least the general pre vailing rate of line 19 per diem w ages for the type of w ork and geographic area, as line 20 determined by the Director of Industrial Relations pursuant to line 21 Sections 1773 and 1773.9 of the Labor Code, e xcept that line 22 apprentices registered in programs appro ved by the Chief of the line 23 Division of Apprenticeship Standards may be paid at least the line 24 applicable apprentice prevailing rate.
line 25 (ii) The development proponent shall ensure that the prevailing line 26 wage requirement is included in all contracts for the performance line 27 of the work for those portions of the de velopment that are not a line 28 public work.
line 29 (iii) All contractors and subcontractors for those portions of the line 30 development that are not a public work shall comply with both of line 31 the following:
line 32 (I) Pay to all construction w orkers employed in the e xecution line 33 of the work at least the general prevailing rate of per diem wages, line 34 except that apprentices re gistered in programs appro ved by the line 35 Chief of the Division of Apprenticeship Standards may be paid at line 36 least the applicable apprentice prevailing rate. line 37 (II) Maintain and v erify payroll records pursuant to Section line 38 1776 of the Labor Code and mak e those records a vailable for line 39 inspection and copying as provided in that section. This subclause line 40 does not apply if all contractors and subcontractors performing 94 — 16 — SB 423
Item: 15
512
line 1 work on the development are subject to a project labor agreement line 2 that requires the payment of pre vailing wages to all construction line 3 workers emplo yed in the e xecution of the de velopment and line 4 provides for enforcement of that obligation through an arbitration line 5 procedure. F or purposes of this subclause, “project labor line 6 agreement” has the same meaning as set forth in paragraph (1) of line 7 subdivision (b) of Section 2500 of the Public Contract Code. line 8 (B) (i) The obligation of the contractors and subcontractors to line 9 pay prevailing wages pursuant to this paragraph may be enforced line 10 by any of the following:
line 11 (I) The Labor Commissioner through the issuance of a ci vil line 12 wage and penalty assessment pursuant to Section 1741 of the Labor line 13 Code, which may be re viewed pursuant to Section 1742 of the line 14 Labor Code, within 18 months after the completion of the line 15 development.
line 16 (II) An underpaid worker through an administrative complaint line 17 or civil action.
line 18 (III) A joint labor-management committee through a civil action line 19 under Section 1771.2 of the Labor Code.
line 20 (ii) If a civil wage and penalty assessment is issued pursuant to line 21 this paragraph, the contractor, subcontractor, and surety on a bond line 22 or bonds issued to secure the payment of w ages covered by the line 23 assessment shall be liable for liquidated damages pursuant to line 24 Section 1742.1 of the Labor Code.
line 25 (iii) This paragraph does not apply if all contractors and line 26 subcontractors performing work on the de velopment are subject line 27 to a project labor agreement that requires the payment of prevailing line 28 wages to all construction w orkers employed in the e xecution of line 29 the development and provides for enforcement of that oblig ation line 30 through an arbitration procedure. F or purposes of this clause, line 31 “project labor agreement” has the same meaning as set forth in line 32 paragraph (1) of subdi vision (b) of Section 2500 of the Public line 33 Contract Code.
line 34 (C) Notwithstanding subdivision (c) of Section 1773.1 of the line 35 Labor Code, the requirement that employer payments not reduce line 36 the obligation to pay the hourly straight time or o vertime wages line 37 found to be pre vailing does not apply to those portions of line 38 development that are not a public work if otherwise provided in a line 39 bona fide collective bargaining agreement covering the worker. 94 SB 423 — 17 —
Item: 15
513
line 1 (D) The requirement of this paragraph to pay at least the general line 2 prevailing rate of per diem w ages does not preclude use of an line 3 alternative workweek schedule adopted pursuant to Section 511 line 4 or 514 of the Labor Code.
line 5 (E) A development of 50 or more housing units approved by a line 6 local go vernment pursuant to this section shall meet all of the line 7 following labor standards:
line 8 (i) The development proponent shall require in contracts with line 9 construction contractors and shall certify to the local government line 10 that each contractor of any tier who will employ construction craft line 11 employees or will let subcontracts for at least 1,000 hours shall line 12 satisfy the requirements in clauses (ii) and (iii). A construction line 13 contractor is deemed in compliance with clauses (ii) and (iii) if it line 14 is signatory to a valid collective bargaining agreement that requires line 15 utilization of re gistered apprentices and e xpenditures on health line 16 care for employees and dependents.
line 17 (ii) A contractor with construction craft employees shall either line 18 participate in an apprenticeship program approved by the California line 19 Division of Apprenticeship Standards pursuant to Section 3075 of line 20 the Labor Code, or request the dispatch of apprentices from a line 21 state-approved apprenticeship program under the terms and line 22 conditions set forth in Section 1777.5 of the Labor Code. A line 23 contractor without construction craft emplo yees shall sho w a line 24 contractual oblig ation that its subcontractors comply with this line 25 clause.
line 26 (iii) Each contractor with construction craft emplo yees shall line 27 make health care e xpenditures for each emplo yee in an amount line 28 per hour w orked on the de velopment equivalent to at least the line 29 hourly pro rata cost of a Co vered California Platinum le vel plan line 30 for two adults 40 years of age and tw o dependents 0 to 14 years line 31 of age for the Co vered California rating area in which the line 32 development is located. A contractor without construction craft line 33 employees shall sho w a contractual oblig ation that its line 34 subcontractors comply with this clause. Qualifying e xpenditures line 35 shall be credited toward compliance with prevailing wage payment line 36 requirements set forth in this paragraph.
line 37 (iv) (I) The development proponent shall pro vide to the local line 38 government, on a monthly basis while its construction contracts line 39 on the development are being performed, a report demonstrating line 40 compliance with clauses (ii) and (iii). The reports shall be 94 — 18 — SB 423
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line 1 considered public records under the California Public Records Act line 2 (Division 10 (commencing with Section 7920.000) of Title 1), and line 3 shall be open to public inspection.
line 4 (II) A development proponent that fails to provide the monthly line 5 report shall be subject to a civil penalty for each month for which line 6 the report has not been pro vided, in the amount of 10 percent of line 7 the dollar value of construction work performed by that contractor line 8 on the development in the month in question, up to a maximum line 9 of ten thousand dollars ($10,000). Any contractor or subcontractor line 10 that fails to comply with clauses (ii) and (iii) shall be subject to a line 11 civil penalty of two hundred dollars ($200) per day for each worker line 12 employed in contravention of clauses (ii) and (iii). line 13 (III) Penalties may be assessed by the Labor Commissioner line 14 within 18 months of completion of the de velopment using the line 15 procedures for issuance of ci vil w age and penalty assessments line 16 specified in Section 1741 of the Labor Code, and may be reviewed line 17 pursuant to Section 1742 of the Labor Code. Penalties shall be line 18 deposited in the State Public Works Enforcement Fund established line 19 pursuant to Section 1771.3 of the Labor Code.
line 20 (v) Each construction contractor shall maintain and v erify line 21 payroll records pursuant to Section 1776 of the Labor Code. Each line 22 construction contractor shall submit payroll records directly to the line 23 Labor Commissioner at least monthly in a format prescribed by line 24 the Labor Commissioner in accordance with subparagraph (A) of line 25 paragraph (3) of subdi vision (a) of Section 1771.4 of the Labor line 26 Code. The records shall include a statement of fringe benefits. line 27 Upon request by a joint labor-management cooperation committee line 28 established pursuant to the federal Labor Management Cooperation line 29 Act of 1978 (29 U.S.C. Sec. 175a), the records shall be pro vided line 30 pursuant to subdivision (e) of Section 1776 of the Labor Code. line 31 (vi) All construction contractors shall report an y change in line 32 apprenticeship program participation or health care e xpenditures line 33 to the local government within 10 business days, and shall reflect line 34 those changes on the monthly report. The reports shall be line 35 considered public records pursuant to the California Public Records line 36 Act (Division 10 (commencing with Section 7920.000) of Title 1) line 37 and shall be open to public inspection.
line 38 (vii) A joint labor -management cooperation committee line 39 established pursuant to the federal Labor Management Cooperation line 40 Act of 1978 (29 U.S.C. Sec. 175a) shall ha ve standing to sue a 94 SB 423 — 19 —
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line 1 construction contractor for failure to make health care expenditures line 2 pursuant to clause (iii) in accordance with Section 218.7 or 218.8 line 3 of the Labor Code.
line 4 (F) For any project having floors used for human occupanc y line 5 that are located more than over 85 feet above the grade plane, in line 6 height above grade, the following skilled and trained w orkforce line 7 provisions apply:
line 8 (i) Except as provided in clause (ii), the de veloper shall enter line 9 into construction contracts with prime contractors only if all of the line 10 following are satisfied:
line 11 (I) The contract contains an enforceable commitment that the line 12 prime contractor and subcontractors at every tier will use a skilled line 13 and trained w orkforce, as defined in Section 2601 of the Public line 14 Contract Code, to perform work on the project that falls within an line 15 apprenticeable occupation in the building and construction trades. line 16 However, this enforceable commitment requirement shall not apply line 17 to any scopes of w ork where new bids are accepted pursuant to line 18 subclause (I) of clause (ii).
line 19 (II) The developer or prime contractor shall establish minimum line 20 bidding requirements for subcontractors that are objecti ve to the line 21 maximum extent possible. The developer or prime contractor shall line 22 not impose any obstacles in the bid process for subcontractors that line 23 go beyond what is reasonable and commercially customary . The line 24 developer or prime contractor must accept bids submitted by any line 25 bidder that meets the minimum criteria set forth in the bid line 26 solicitation.
line 27 (III) The prime contractor has pro vided an affida vit under line 28 penalty of perjury that, in compliance with this subparagraph, it line 29 will use a skilled and trained w orkforce and will obtain from its line 30 subcontractors an enforceable commitment to use a skilled and line 31 trained workforce for each scope of w ork in which it recei ves at line 32 least three bids attesting to satisf action of the skilled and trained line 33 workforce requirements.
line 34 (IV) When a prime contractor or subcontractor is required to line 35 provide an enforceable commitment that a skilled and trained line 36 workforce will be used to complete a contract or project, the line 37 commitment shall be made in an enforceable agreement with the line 38 developer that provides the following:
line 39 (ia) The prime contractor and subcontractors at e very tier will line 40 comply with this chapter.
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line 1 (ib) The prime contractor will pro vide the de veloper, on a line 2 monthly basis while the project or contract is being performed, a line 3 report demonstrating compliance by the prime contractor. line 4 (ic) The prime contractor shall pro vide the de veloper, on a line 5 monthly basis while the project or contract is being performed, line 6 the monthly reports demonstrating compliance submitted to the line 7 prime contractor by the affected subcontractors. line 8 (ii) (I) If a prime contractor f ails to receive at least three bids line 9 in a scope of construction work from subcontractors that attest to line 10 satisfying the skilled and trained w orkforce requirements as line 11 described in this subparagraph, the prime contractor may accept line 12 new bids for that scope of w ork. The prime contractor need not line 13 require that a skilled and trained w orkforce be used by the line 14 subcontractors for that scope of work.
line 15 (II) The requirements of this subparagraph shall not apply if all line 16 contractors, subcontractors, and craft unions performing work on line 17 the development are subject to a multicraft project labor agreement line 18 that requires the payment of pre vailing wages to all construction line 19 workers emplo yed in the e xecution of the de velopment and line 20 provides for enforcement of that obligation through an arbitration line 21 procedure. The multicraft project labor agreement shall include line 22 all construction crafts with applicable coverage determinations for line 23 the specified scopes of w ork on the project pursuant to Section line 24 1773 of the Labor Code and shall be e xecuted by all applicable line 25 labor organizations regardless of affiliation. For purposes of this line 26 clause, “project labor agreement” means a prehire collecti ve line 27 bargaining agreement that establishes terms and conditions of line 28 employment for a specific construction project or projects and is line 29 an agreement described in Section 158(f) of Title 29 of the United line 30 States Code.
line 31 (III) Requirements set forth in this subparagraph shall not apply line 32 to projects where 100 percent of the units, exclusive of a manager’s line 33 unit or units, are dedicated to lower income households, as defined line 34 by Section 50079.5 of the Health and Safety Code. line 35 (iii) If the skilled and trained w orkforce requirements of this line 36 subparagraph apply , the prime contractor shall require line 37 subcontractors to provide, and subcontractors on the project shall line 38 provide, the following to the prime contractor:
line 39 (I) An affidavit signed under penalty of perjury that a skilled line 40 and trained workforce shall be employed on the project. 94 SB 423 — 21 —
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line 1 (II) Reports on a monthly basis, while the project or contract is line 2 being performed, demonstrating compliance with this chapter. line 3 (iv) Upon issuing an y in vitation or bid solicitation for the line 4 project, b ut no less than se ven days before the bid is due, the line 5 developer shall send a notice of the in vitation or solicitation that line 6 describes the project to the following entities within the jurisdiction line 7 of the proposed project site:
line 8 (I) Any bona fide labor or ganization representing w orkers in line 9 the b uilding and construction trades who may perform w ork line 10 necessary to complete the project and the local b uilding and line 11 construction trades council.
line 12 (II) Any organization representing contractors that may perform line 13 work necessary to complete the project, including any contractors’ line 14 association or regional builders’ exchange.
line 15 (v) The de veloper or prime contractor shall, within three line 16 business days of a request by a joint labor-management cooperation line 17 committee established pursuant to the federal Labor Management line 18 Cooperation 8 Act of 1978 (29 U.S.C. Sec. 175a), pro vide all of line 19 the following:
line 20 (I) The names and Contractors State License Board numbers of line 21 the prime contractor and an y subcontractors that submitted a line 22 proposal or bid for the development project.
line 23 (II) The names and Contractors State License Board numbers line 24 of contractors and subcontractors that are under contract to perform line 25 construction work.
line 26 (vi) (I) For all projects subject to this subparagraph, the line 27 development proponent shall provide to the locality, on a monthly line 28 basis while the project or contract is being performed, a report line 29 demonstrating that the self-performing prime contractor and all line 30 subcontractors used a skilled and trained workforce, as defined in line 31 Section 2601 of the Public Contract Code, unless otherwise exempt line 32 under this subparagraph. A monthly report provided to the locality line 33 pursuant to this subclause shall be a public record under the line 34 California Public Records Act Di vision 10 (commencing with line 35 Section 7920.000) of Title 1 and shall be open to public inspection. line 36 A developer that fails to provide a complete monthly report shall line 37 be subject to a ci vil penalty of 10 percent of the dollar v alue of line 38 construction work performed by that contractor on the project in line 39 the month in question, up to a maximum of ten thousand dollars 94 — 22 — SB 423
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line 1 ($10,000) per month for each month for which the report has not line 2 been provided.
line 3 (II) Any subcontractors or prime contractor self-performing line 4 work subject to the skilled and trained w orkforce requirements line 5 under this subparagraph that f ail to use a skilled and trained line 6 workforce shall be subject to a civil penalty of two hundred dollars line 7 ($200) per day for each worker employed in contravention of the line 8 skilled and trained w orkforce requirement. Penalties may be line 9 assessed by the Labor Commissioner within 18 months of line 10 completion of the project using the same issuance of ci vil wage line 11 and penalty assessments pursuant to Section 1741 of the Labor line 12 Code and may be re viewed pursuant to the same procedures in line 13 Section 1742 of the Labor Code. Prime contractors shall not be line 14 jointly liable for violations of this subparagraph by subcontractors. line 15 Penalties shall be paid to the State Public Works Enforcement line 16 Fund or the locality or its labor standards enforcement agenc y, line 17 depending on the lead entity performing the enforcement work. line 18 (III) Any pro vision of a contract or agreement of an y kind line 19 between a de veloper and a prime contractor that purports to line 20 delegate, transfer, or assign to a prime contractor any obligations line 21 of or penalties incurred by a de veloper shall be deemed contrary line 22 to public policy and shall be void and unenforceable. line 23 (G) A locality, and any labor standards enforcement agency the line 24 locality la wfully maintains, shall ha ve standing to tak e line 25 administrative action or sue a construction contractor for f ailure line 26 to comply with this paragraph. A pre vailing locality or labor line 27 standards enforcement agenc y shall distrib ute an y w ages and line 28 penalties to workers in accordance with la w and retain an y fees, line 29 additional penalties, or assessments.
line 30 (9) Notwithstanding paragraph (8), a development that is subject line 31 to approval pursuant to this section is exempt from any requirement line 32 to pay pre vailing w ages, use a w orkforce participating in an line 33 apprenticeship, or provide health care e xpenditures if it satisfies line 34 both of the following:
line 35 (A) The project consists of 10 or fewer units. line 36 (B) The project is not a public work for purposes of Chapter 1 line 37 (commencing with Section 1720) of P art 7 of Di vision 2 of the line 38 Labor Code.
line 39 (10) The development shall not be upon an e xisting parcel of line 40 land or site that is governed under the Mobilehome Residency Law 94 SB 423 — 23 —
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line 1 (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 line 2 of Division 2 of the Ci vil Code), the Recreational Vehicle Park line 3 Occupancy Law (Chapter 2.6 (commencing with Section 799.20) line 4 of Title 2 of P art 2 of Di vision 2 of the Ci vil Code), the line 5 Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) line 6 of Division 13 of the Health and Safety Code), or the Special line 7 Occupancy Parks Act (Part 2.3 (commencing with Section 18860) line 8 of Division 13 of the Health and Safety Code).
line 9 (b) (1) (A) (i) Before submitting an application for a line 10 development subject to the streamlined, ministerial appro val line 11 process described in subdivision (c), the development proponent line 12 shall submit to the local government a notice of its intent to submit line 13 an application. The notice of intent shall be in the form of a line 14 preliminary application that includes all of the information line 15 described in Section 65941.1, as that section read on January 1, line 16 2020.
line 17 (ii) Upon receipt of a notice of intent to submit an application line 18 described in clause (i), the local go vernment shall eng age in a line 19 scoping consultation re garding the proposed de velopment with line 20 any California Nati ve American tribe that is traditionally and line 21 culturally affiliated with the geographic area, as described in line 22 Section 21080.3.1 of the Public Resources Code, of the proposed line 23 development. In order to expedite compliance with this subdivision, line 24 the local government shall contact the Native American Heritage line 25 Commission for assistance in identifying an y California Nati ve line 26 American tribe that is traditionally and culturally affiliated with line 27 the geographic area of the proposed development. line 28 (iii) The timeline for noticing and commencing a scoping line 29 consultation in accordance with this subdivision shall be as follows:
line 30 (I) The local go vernment shall pro vide a formal notice of a line 31 development proponent’s notice of intent to submit an application line 32 described in clause (i) to each California Nati ve American tribe line 33 that is traditionally and culturally affiliated with the geographic line 34 area of the proposed development within 30 days of receiving that line 35 notice of intent. The formal notice pro vided pursuant to this line 36 subclause shall include all of the following:
line 37 (ia) A description of the proposed development. line 38 (ib) The location of the proposed development. line 39 (ic) An in vitation to eng age in a scoping consultation in line 40 accordance with this subdivision.
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line 1 (II) Each California Native American tribe that receives a formal line 2 notice pursuant to this clause shall have 30 days from the receipt line 3 of that notice to accept the in vitation to eng age in a scoping line 4 consultation.
line 5 (III) If the local go vernment receives a response accepting an line 6 invitation to eng age in a scoping consultation pursuant to this line 7 subdivision, the local go vernment shall commence the scoping line 8 consultation within 30 days of receiving that response. line 9 (B) The scoping consultation shall recognize that California line 10 Native American tribes traditionally and culturally affiliated with line 11 a geographic area ha ve knowledge and expertise concerning the line 12 resources at issue and shall tak e into account the cultural line 13 significance of the resource to the culturally affiliated California line 14 Native American tribe.
line 15 (C) The parties to a scoping consultation conducted pursuant line 16 to this subdivision shall be the local government and any California line 17 Native American tribe traditionally and culturally affiliated with line 18 the geographic area of the proposed development. More than one line 19 California Nati ve American tribe traditionally and culturally line 20 affiliated with the geographic area of the proposed de velopment line 21 may participate in the scoping consultation. Ho wever, the local line 22 government, upon the request of any California Native American line 23 tribe traditionally and culturally affiliated with the geographic area line 24 of the proposed development, shall engage in a separate scoping line 25 consultation with that California Nati ve American tribe. The line 26 development proponent and its consultants may participate in a line 27 scoping consultation process conducted pursuant to this subdivision line 28 if all of the following conditions are met:
line 29 (i) The de velopment proponent and its consultants agree to line 30 respect the principles set forth in this subdivision. line 31 (ii) The development proponent and its consultants eng age in line 32 the scoping consultation in good faith.
line 33 (iii) The California Native American tribe participating in the line 34 scoping consultation approves the participation of the development line 35 proponent and its consultants. The California Nati ve American line 36 tribe may rescind its appro val at an y time during the scoping line 37 consultation, either for the duration of the scoping consultation or line 38 with respect to an y particular meeting or discussion held as part line 39 of the scoping consultation.
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line 1 (D) The participants to a scoping consultation pursuant to this line 2 subdivision shall comply with all of the following confidentiality line 3 requirements:
line 4 (i) Section 7927.000.
line 5 (ii) Section 7927.005.
line 6 (iii) Subdivision (c) of Section 21082.3 of the Public Resources line 7 Code.
line 8 (iv) Subdivision (d) of Section 15120 of Title 14 of the line 9 California Code of Regulations.
line 10 (v) Any additional confidentiality standards adopted by the line 11 California Nati ve American tribe participating in the scoping line 12 consultation.
line 13 (E) The California En vironmental Quality Act (Di vision 13 line 14 (commencing with Section 21000) of the Public Resources Code) line 15 shall not apply to a scoping consultation conducted pursuant to line 16 this subdivision.
line 17 (2) (A) If, after concluding the scoping consultation, the parties line 18 find that no potential tribal cultural resource would be affected by line 19 the proposed development, the development proponent may submit line 20 an application for the proposed development that is subject to the line 21 streamlined, ministerial approval process described in subdivision line 22 (c).
line 23 (B) If, after concluding the scoping consultation, the parties line 24 find that a potential tribal cultural resource could be af fected by line 25 the proposed de velopment and an enforceable agreement is line 26 documented between the California Native American tribe and the line 27 local government on methods, measures, and conditions for tribal line 28 cultural resource treatment, the development proponent may submit line 29 the application for a de velopment subject to the streamlined, line 30 ministerial approval process described in subdivision (c). The local line 31 government shall ensure that the enforceable agreement is included line 32 in the requirements and conditions for the proposed development. line 33 (C) If, after concluding the scoping consultation, the parties line 34 find that a potential tribal cultural resource could be af fected by line 35 the proposed de velopment and an enforceable agreement is not line 36 documented between the California Native American tribe and the line 37 local government regarding methods, measures, and conditions line 38 for tribal cultural resource treatment, the de velopment shall not line 39 be eligible for the streamlined, ministerial appro val process line 40 described in subdivision (c).
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line 1 (D) For purposes of this paragraph, a scoping consultation shall line 2 be deemed to be concluded if either of the following occur:
line 3 (i) The parties to the scoping consultation document an line 4 enforceable agreement concerning methods, measures, and line 5 conditions to avoid or address potential impacts to tribal cultural line 6 resources that are or may be present.
line 7 (ii) One or more parties to the scoping consultation, acting in line 8 good f aith and after reasonable ef fort, conclude that a mutual line 9 agreement on methods, measures, and conditions to a void or line 10 address impacts to tribal cultural resources that are or may be line 11 present cannot be reached.
line 12 (E) If the de velopment or en vironmental setting substantially line 13 changes after the completion of the scoping consultation, the local line 14 government shall notify the California Nati ve American tribe of line 15 the changes and eng age in a subsequent scoping consultation if line 16 requested by the California Native American tribe. line 17 (3) A local go vernment may only accept an application for line 18 streamlined, ministerial approval pursuant to this section if one of line 19 the following applies:
line 20 (A) A California Native American tribe that received a formal line 21 notice of the development proponent’s notice of intent to submit line 22 an application pursuant to subclause (I) of clause (iii) of line 23 subparagraph (A) of paragraph (1) did not accept the invitation to line 24 engage in a scoping consultation.
line 25 (B) The California Native American tribe accepted an invitation line 26 to engage in a scoping consultation pursuant to subclause (II) of line 27 clause (iii) of subparagraph (A) of paragraph (1) but substantially line 28 failed to eng age in the scoping consultation after repeated line 29 documented attempts by the local go vernment to eng age the line 30 California Native American tribe.
line 31 (C) The parties to a scoping consultation pursuant to this line 32 subdivision find that no potential tribal cultural resource will be line 33 affected by the proposed de velopment pursuant to subparagraph line 34 (A) of paragraph (2).
line 35 (D) A scoping consultation between a California Nati ve line 36 American tribe and the local go vernment has occurred in line 37 accordance with this subdi vision and resulted in agreement line 38 pursuant to subparagraph (B) of paragraph (2).
line 39 (4) A project shall not be eligible for the streamlined, ministerial line 40 process described in subdivision (c) if any of the following apply:
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line 1 (A) There is a tribal cultural resource that is on a national, state, line 2 tribal, or local historic register list located on the site of the project. line 3 (B) There is a potential tribal cultural resource that could be line 4 affected by the proposed development and the parties to a scoping line 5 consultation conducted pursuant to this subdi vision do not line 6 document an enforceable agreement on methods, measures, and line 7 conditions for tribal cultural resource treatment, as described in line 8 subparagraph (C) of paragraph (2).
line 9 (C) The parties to a scoping consultation conducted pursuant line 10 to this subdi vision do not agree as to whether a potential tribal line 11 cultural resource will be affected by the proposed development. line 12 (5) (A) If, after a scoping consultation conducted pursuant to line 13 this subdi vision, a project is not eligible for the streamlined, line 14 ministerial process described in subdi vision (c) for an y or all of line 15 the following reasons, the local government shall provide written line 16 documentation of that f act, and an e xplanation of the reason for line 17 which the project is not eligible, to the de velopment proponent line 18 and to any California Native American tribe that is a party to that line 19 scoping consultation:
line 20 (i) There is a tribal cultural resource that is on a national, state, line 21 tribal, or local historic register list located on the site of the project, line 22 as described in subparagraph (A) of paragraph (4). line 23 (ii) The parties to the scoping consultation have not documented line 24 an enforceable agreement on methods, measures, and conditions line 25 for tribal cultural resource treatment, as described in subparagraph line 26 (C) of paragraph (2) and subparagraph (B) of paragraph (4). line 27 (iii) The parties to the scoping consultation do not agree as to line 28 whether a potential tribal cultural resource will be affected by the line 29 proposed de velopment, as described in subparagraph (C) of line 30 paragraph (4).
line 31 (B) The written documentation pro vided to a de velopment line 32 proponent pursuant to this paragraph shall include information on line 33 how the development proponent may seek a conditional use permit line 34 or other discretionary approval of the development from the local line 35 government.
line 36 (6) This section is not intended, and shall not be construed, to line 37 limit consultation and discussion between a local government and line 38 a California Nati ve American tribe pursuant to other applicable line 39 law, confidentiality pro visions under other applicable la w, the line 40 protection of religious exercise to the fullest extent permitted under 94 — 28 — SB 423
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line 1 state and federal law, or the ability of a California Native American line 2 tribe to submit information to the local government or participate line 3 in any process of the local government.
line 4 (7) For purposes of this subdivision:
line 5 (A) “Consultation” means the meaningful and timely process line 6 of seeking, discussing, and considering carefully the vie ws of line 7 others, in a manner that is cognizant of all parties’ cultural values line 8 and, where feasible, seeking agreement. Consultation between line 9 local governments and Native American tribes shall be conducted line 10 in a w ay that is mutually respectful of each party’ s sovereignty. line 11 Consultation shall also recognize the tribes’ potential needs for line 12 confidentiality with respect to places that ha ve traditional tribal line 13 cultural importance. A lead agenc y shall consult the tribal line 14 consultation best practices described in the “State of California line 15 Tribal Consultation Guidelines: Supplement to the General Plan line 16 Guidelines” prepared by the Office of Planning and Research. line 17 (B) “Scoping” means the act of participating in early discussions line 18 or in vestigations between the local go vernment and California line 19 Native American tribe, and the de velopment proponent if line 20 authorized by the California Native American tribe, regarding the line 21 potential effects a proposed development could have on a potential line 22 tribal cultural resource, as defined in Section 21074 of the Public line 23 Resources Code, or California Native American tribe, as defined line 24 in Section 21073 of the Public Resources Code.
line 25 (8) This subdivision shall not apply to any project that has been line 26 approved under the streamlined, ministerial appro val process line 27 provided under this section before the ef fective date of the act line 28 adding this subdivision.
line 29 (c) (1) Notwithstanding any local law, if a local government’s line 30 planning director or equi valent position determines that a line 31 development submitted pursuant to this section is consistent with line 32 the objective planning standards specified in subdi vision (a) and line 33 pursuant to paragraph (3) of this subdivision, the local government line 34 shall appro ve the de velopment. Upon a determination that a line 35 development submitted pursuant to this section is in conflict with line 36 any of the objecti ve planning standards specified in subdi vision line 37 (a), the local go vernment staf f or rele vant local planning and line 38 permitting department that made the determination shall pro vide line 39 the de velopment proponent written documentation of which line 40 standard or standards the de velopment conflicts with, and an 94 SB 423 — 29 —
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line 1 explanation for the reason or reasons the de velopment conflicts line 2 with that standard or standards, as follows:
line 3 (A) Within 60 days of submittal of the development to the local line 4 government pursuant to this section if the de velopment contains line 5 150 or fewer housing units.
line 6 (B) Within 90 days of submittal of the development to the local line 7 government pursuant to this section if the de velopment contains line 8 more than 150 housing units.
line 9 (2) If the local go vernment’s planning director or equi valent line 10 position fails to provide the required documentation pursuant to line 11 paragraph (1), the de velopment shall be deemed to satisfy the line 12 objective planning standards specified in subdivision (a). line 13 (3) For purposes of this section, a de velopment is consistent line 14 with the objective planning standards specified in subdivision (a) line 15 if there is substantial evidence that would allow a reasonable person line 16 to conclude that the development is consistent with the objective line 17 planning standards. The local government shall not determine that line 18 a development, including an application for a modification under line 19 subdivision (h), is in conflict with the objective planning standards line 20 on the basis that application materials are not included, if the line 21 application contains substantial e vidence that w ould allo w a line 22 reasonable person to conclude that the development is consistent line 23 with the objective planning standards.
line 24 (4) Upon submittal of an application for streamlined, ministerial line 25 approval pursuant to this section to the local go vernment, all line 26 departments of the local government that are required to issue an line 27 approval of the development prior to the granting of an entitlement line 28 shall comply with the requirements of this section within the time line 29 periods specified in paragraph (1).
line 30 (d) (1) Any design review of the development may be conducted line 31 by the local government’s planning commission or any equivalent line 32 board or commission responsible for design re view. That design line 33 review shall be objecti ve and be strictly focused on assessing line 34 compliance with criteria required for streamlined projects, as well line 35 as any reasonable objective design standards published and adopted line 36 by ordinance or resolution by a local jurisdiction before submission line 37 of a development application, and shall be broadly applicable to line 38 development within the jurisdiction. That design review shall be line 39 completed, and if the development is consistent with all objective line 40 standards, the local government shall approve the development as 94 — 30 — SB 423
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line 1 follows and shall not in an y way inhibit, chill, or preclude the line 2 ministerial appro val pro vided by this section or its ef fect, as line 3 applicable:
line 4 (A) Within 90 days of submittal of the development to the local line 5 government pursuant to this section if the de velopment contains line 6 150 or fewer housing units.
line 7 (B) Within 180 days of submittal of the de velopment to the line 8 local go vernment pursuant to this section if the de velopment line 9 contains more than 150 housing units.
line 10 (2) If the de velopment is consistent with the requirements of line 11 subparagraph (A) or (B) of paragraph (9) of subdi vision (a) and line 12 is consistent with all objecti ve subdivision standards in the local line 13 subdivision ordinance, an application for a subdi vision pursuant line 14 to the Subdivision Map Act (Division 2 (commencing with Section line 15 66410)) shall be exempt from the requirements of the California line 16 Environmental Quality Act (Division 13 (commencing with Section line 17 21000) of the Public Resources Code) and shall be subject to the line 18 public oversight timelines set forth in paragraph (1). line 19 (3) If a local go vernment determines that a de velopment line 20 submitted pursuant to this section is in conflict with an y of the line 21 standards imposed pursuant to paragraph (1), it shall pro vide the line 22 development proponent written documentation of which objective line 23 standard or standards the de velopment conflicts with, and an line 24 explanation for the reason or reasons the de velopment conflicts line 25 with that objecti ve standard or standards consistent with the line 26 timelines described in paragraph (1) of subdivision (c). line 27 (e) (1) Notwithstanding an y other la w, a local go vernment, line 28 whether or not it has adopted an ordinance governing automobile line 29 parking requirements in multif amily de velopments, shall not line 30 impose automobile parking standards for a streamlined line 31 development that was approved pursuant to this section in any of line 32 the following instances:
line 33 (A) The development is located within one-half mile of public line 34 transit.
line 35 (B) The development is located within an architecturally and line 36 historically significant historic district.
line 37 (C) When on-street parking permits are required but not offered line 38 to the occupants of the development.
line 39 (D) When there is a car share vehicle located within one block line 40 of the development.
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line 1 (2) If the development does not fall within any of the categories line 2 described in paragraph (1), the local government shall not impose line 3 automobile parking requirements for streamlined de velopments line 4 approved pursuant to this section that e xceed one parking space line 5 per unit.
line 6 (f) Notwithstanding an y la w, a local go vernment shall not line 7 require any of the following prior to approving a development that line 8 meets the requirements of this section:
line 9 (1) Studies, information, or other materials that do not pertain line 10 directly to determining whether the development is consistent with line 11 the objective planning standards applicable to the development. line 12 (2) (A) Compliance with any standards necessary to receive a line 13 postentitlement permit.
line 14 (B) This paragraph does not prohibit a local agenc y from line 15 requiring compliance with an y standards necessary to recei ve a line 16 postentitlement permit after a permit has been issued pursuant to line 17 this section.
line 18 (C) For purposes of this paragraph, “postentitlement permit” line 19 has the same meaning as pro vided in subparagraph (A) of line 20 paragraph (3) of subdivision (j) of Section 65913.3. line 21 (g) (1) If a local government approves a development pursuant line 22 to this section, then, notwithstanding any other law, that approval line 23 shall not e xpire if the project satisfies both of the follo wing line 24 requirements:
line 25 (A) The project includes public in vestment in housing line 26 affordability, beyond tax credits.
line 27 (B) At least 50 percent of the units are affordable to households line 28 making at or below 80 percent of the area median income. line 29 (2) (A) If a local government approves a development pursuant line 30 to this section, and the project does not satisfy the requirements line 31 of subparagraphs (A) and (B) of paragraph (1), that approval shall line 32 remain v alid for three years from the date of the final action line 33 establishing that approval, or if litigation is filed challenging that line 34 approval, from the date of the final judgment upholding that line 35 approval. Approval shall remain v alid for a project pro vided line 36 construction activity, including demolition and grading acti vity, line 37 on the development site has begun pursuant to a permit issued by line 38 the local jurisdiction and is in progress. F or purposes of this line 39 subdivision, “in progress” means one of the following:
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line 1 (i) The construction has begun and has not ceased for more than line 2 180 days.
line 3 (ii) If the de velopment requires multiple b uilding permits, an line 4 initial phase has been completed, and the project proponent has line 5 applied for and is diligently pursuing a b uilding permit for a line 6 subsequent phase, pro vided that once it has been issued, the line 7 building permit for the subsequent phase does not lapse. line 8 (B) Notwithstanding subparagraph (A), a local government may line 9 grant a project a one-time, one-year e xtension if the project line 10 proponent can pro vide documentation that there has been line 11 significant progress toward getting the development construction line 12 ready, such as filing a building permit application. line 13 (3) If the de velopment proponent requests a modification line 14 pursuant to subdivision (h), then the time during which the approval line 15 shall remain v alid shall be e xtended for the number of days line 16 between the submittal of a modification request and the date of its line 17 final approval, plus an additional 180 days to allow time to obtain line 18 a building permit. If litigation is filed relating to the modification line 19 request, the time shall be further extended during the pendency of line 20 the litigation. The extension required by this paragraph shall only line 21 apply to the first request for a modification submitted by the line 22 development proponent.
line 23 (4) The amendments made to this subdi vision by the act that line 24 added this paragraph shall also be retroacti vely applied to line 25 developments approved prior to January 1, 2022. line 26 (h) (1) (A) A de velopment proponent may request a line 27 modification to a development that has been appro ved under the line 28 streamlined, ministerial approval process provided in subdivision line 29 (c) if that request is submitted to the local government before the line 30 issuance of the final building permit required for construction of line 31 the development.
line 32 (B) Except as provided in paragraph (3), the local government line 33 shall approve a modification if it determines that the modification line 34 is consistent with the objecti ve planning standards specified in line 35 subdivision (a) that were in effect when the original development line 36 application was first submitted.
line 37 (C) The local go vernment shall e valuate an y modifications line 38 requested pursuant to this subdi vision for consistenc y with the line 39 objective planning standards using the same assumptions and line 40 analytical methodology that the local government originally used 94 SB 423 — 33 —
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line 1 to assess consistency for the de velopment that was approved for line 2 streamlined, ministerial approval pursuant to subdivision (c). line 3 (D) A guideline that was adopted or amended by the department line 4 pursuant to subdi vision (n) after a de velopment w as appro ved line 5 through the streamlined, ministerial approval process described in line 6 subdivision (c) shall not be used as a basis to den y proposed line 7 modifications.
line 8 (2) Upon receipt of the de velopment proponent’s application line 9 requesting a modification, the local go vernment shall determine line 10 if the requested modification is consistent with the objecti ve line 11 planning standard and either appro ve or den y the modification line 12 request within 60 days after submission of the modification, or line 13 within 90 days if design review is required.
line 14 (3) Notwithstanding paragraph (1), the local go vernment may line 15 apply objective planning standards adopted after the development line 16 application was first submitted to the requested modification in line 17 any of the following instances:
line 18 (A) The development is revised such that the total number of line 19 residential units or total square footage of construction changes line 20 by 15 percent or more. The calculation of the square footage of line 21 construction changes shall not include underground space. line 22 (B) The development is revised such that the total number of line 23 residential units or total square footage of construction changes line 24 by 5 percent or more and it is necessary to subject the development line 25 to an objecti ve standard be yond those in ef fect when the line 26 development application w as submitted in order to mitig ate or line 27 avoid a specific, adv erse impact, as that term is defined in line 28 subparagraph (A) of paragraph (1) of subdi vision (j) of Section line 29 65589.5, upon the public health or safety and there is no feasible line 30 alternative method to satisfactorily mitigate or avoid the adverse line 31 impact. The calculation of the square footage of construction line 32 changes shall not include underground space.
line 33 (C) (i) Objective building standards contained in the California line 34 Building Standards Code (T itle 24 of the California Code of line 35 Regulations), including, b ut not limited to, b uilding plumbing, line 36 electrical, fire, and grading codes, may be applied to all line 37 modification applications that are submitted prior to the first line 38 building permit application. Those standards may be applied to line 39 modification applications submitted after the first building permit line 40 application if agreed to by the development proponent. 94 — 34 — SB 423
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line 1 (ii) The amendments made to clause (i) by the act that added line 2 clause (i) shall also be retroacti vely applied to modification line 3 applications submitted prior to January 1, 2022. line 4 (4) The local go vernment’s review of a modification request line 5 pursuant to this subdivision shall be strictly limited to determining line 6 whether the modification, including any modification to previously line 7 approved density bonus concessions or w aivers, modify the line 8 development’s consistency with the objective planning standards line 9 and shall not reconsider prior determinations that are not affected line 10 by the modification.
line 11 (i) (1) A local go vernment shall not adopt or impose an y line 12 requirement, including, b ut not limited to, increased fees or line 13 inclusionary housing requirements, that applies to a project solely line 14 or partially on the basis that the project is eligible to recei ve line 15 ministerial or streamlined approval pursuant to this section. line 16 (2) (A) A local go vernment shall issue a subsequent permit line 17 required for a de velopment appro ved under this section if the line 18 application substantially complies with the development as it was line 19 approved pursuant to subdi vision (c). Upon receipt of an line 20 application for a subsequent permit, the local go vernment shall line 21 process the permit without unreasonable delay and shall not impose line 22 any procedure or requirement that is not imposed on projects that line 23 are not approved pursuant to this section. The local government line 24 shall consider the application for subsequent permits based upon line 25 the objective standards specified in an y state or local la ws that line 26 were in ef fect when the original de velopment application w as line 27 submitted, unless the development proponent agrees to a change line 28 in objecti ve standards. Issuance of subsequent permits shall line 29 implement the appro ved development, and re view of the permit line 30 application shall not inhibit, chill, or preclude the de velopment. line 31 For purposes of this paragraph, a “subsequent permit” means a line 32 permit required subsequent to receiving approval under subdivision line 33 (c), and includes, b ut is not limited to, demolition, grading, line 34 encroachment, and building permits and final maps, if necessary. line 35 (B) The amendments made to subparagraph (A) by the act that line 36 added this subparagraph shall also be retroacti vely applied to line 37 subsequent permit applications submitted prior to January 1, 2022. line 38 (3) (A) If a public impro vement is necessary to implement a line 39 development that is subject to the streamlined, ministerial approval line 40 pursuant to this section, including, b ut not limited to, a bic ycle 94 SB 423 — 35 —
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line 1 lane, sidewalk or w alkway, public transit stop, dri veway, street line 2 paving or overlay, a curb or gutter, a modified intersection, a street line 3 sign or street light, landscape or hardscape, an abo ve-ground or line 4 underground utility connection, a w ater line, fire h ydrant, storm line 5 or sanitary sewer connection, retaining wall, and any related work, line 6 and that public improvement is located on land owned by the local line 7 government, to the e xtent that the public impro vement requires line 8 approval from the local go vernment, the local go vernment shall line 9 not exercise its discretion over any approval relating to the public line 10 improvement in a manner that would inhibit, chill, or preclude the line 11 development.
line 12 (B) If an application for a public impro vement described in line 13 subparagraph (A) is submitted to a local go vernment, the local line 14 government shall do all of the following:
line 15 (i) Consider the application based upon any objective standards line 16 specified in an y state or local la ws that were in ef fect when the line 17 original development application was submitted. line 18 (ii) Conduct its review and approval in the same manner as it line 19 would evaluate the public impro vement if required by a project line 20 that is not eligible to recei ve ministerial or streamlined appro val line 21 pursuant to this section.
line 22 (C) If an application for a public impro vement described in line 23 subparagraph (A) is submitted to a local go vernment, the local line 24 government shall not do either of the following:
line 25 (i) Adopt or impose an y requirement that applies to a project line 26 solely or partially on the basis that the project is eligible to receive line 27 ministerial or streamlined approval pursuant to this section. line 28 (ii) Unreasonably delay in its consideration, review, or approval line 29 of the application.
line 30 (j) (1) This section shall not affect a development proponent’s line 31 ability to use any alternative streamlined by right permit processing line 32 adopted by a local go vernment, including the pro visions of line 33 subdivision (i) of Section 65583.2.
line 34 (2) This section shall not pre vent a de velopment from also line 35 qualifying as a housing de velopment project entitled to the line 36 protections of Section 65589.5. This paragraph does not constitute line 37 a change in, but is declaratory of, existing law. line 38 (k) The California En vironmental Quality Act (Di vision 13 line 39 (commencing with Section 21000) of the Public Resources Code) 94 — 36 — SB 423
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line 1 does not apply to actions taken by a state agency, local government, line 2 or the San Francisco Bay Area Rapid Transit District to:
line 3 (1) Lease, con vey, or encumber land o wned by the local line 4 government or the San Francisco Bay Area Rapid Transit District line 5 or to f acilitate the lease, con veyance, or encumbrance of land line 6 owned by the local government, or for the lease of land owned by line 7 the San Francisco Bay Area Rapid Transit District in association line 8 with an eligible TOD project, as defined pursuant to Section line 9 29010.1 of the Public Utilities Code, nor to an y decisions line 10 associated with that lease, or to pro vide financial assistance to a line 11 development that recei ves streamlined appro val pursuant to this line 12 section that is to be used for housing for persons and f amilies of line 13 very low, low, or moderate income, as defined in Section 50093 line 14 of the Health and Safety Code.
line 15 (2) Approve improvements located on land owned by the local line 16 government or the San Francisco Bay Area Rapid Transit District line 17 that are necessary to implement a de velopment that recei ves line 18 streamlined approval pursuant to this section that is to be used for line 19 housing for persons and f amilies of v ery low, low, or moderate line 20 income, as defined in Section 50093 of the Health and Safety Code. line 21 (l) For purposes of establishing the total number of units in a line 22 development under this chapter , a de velopment or de velopment line 23 project includes both of the following:
line 24 (1) All projects developed on a site, re gardless of when those line 25 developments occur.
line 26 (2) All projects developed on sites adjacent to a site developed line 27 pursuant to this chapter if, after January 1, 2023, the adjacent site line 28 had been subdi vided from the site de veloped pursuant to this line 29 chapter.
line 30 (m) For purposes of this section, the follo wing terms have the line 31 following meanings:
line 32 (1) “Affordable housing cost” has the same meaning as set forth line 33 in Section 50052.5 of the Health and Safety Code. line 34 (2) (A) Subject to the qualification provided by subparagraphs line 35 (B) and (C), “affordable rent” has the same meaning as set forth line 36 in Section 50053 of the Health and Safety Code. line 37 (B) For a development for which an application pursuant to this line 38 section was submitted prior to January 1, 2019, that includes 500 line 39 units or more of housing, and that dedicates 50 percent of the total line 40 number of units, before calculating any density bonus, to housing 94 SB 423 — 37 —
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line 1 affordable to households making at, or belo w, 80 percent of the line 2 area median income, affordable rent for at least 30 percent of these line 3 units shall be set at an affordable rent as defined in subparagraph line 4 (A) and “af fordable rent” for the remainder of these units shall line 5 mean a rent that is consistent with the maximum rent levels for a line 6 housing development that receives an allocation of state or federal line 7 low-income housing tax credits from the California Tax Credit line 8 Allocation Committee.
line 9 (C) For a de velopment that dedicates 100 percent of units, line 10 exclusive of a manager’s unit or units, to lower income households, line 11 “affordable rent” shall mean a rent that is consistent with the line 12 maximum rent levels stipulated by the public program pro viding line 13 financing for the development.
line 14 (3) “Department” means the Department of Housing and line 15 Community Development.
line 16 (4) “Development proponent” means the developer who submits line 17 a housing development project application to a local government line 18 under the streamlined, ministerial review process pursuant to this line 19 section.
line 20 (5) “Completed entitlements” means a housing de velopment line 21 that has received all the required land use approvals or entitlements line 22 necessary for the issuance of a building permit. line 23 (6) “Health care e xpenditures” include contrib utions under line 24 Section 401(a), 501(c), or 501(d) of the Internal Re venue Code line 25 and payments to ward “medical care, ” as defined in Section line 26 213(d)(1) of the Internal Revenue Code.
line 27 (7) “Housing development project” has the same meaning as in line 28 Section 65589.5.
line 29 (8) “Locality” or “local government” means a city, including a line 30 charter city, a county , including a charter county , or a city and line 31 county, including a charter city and county.
line 32 (9) “Moderate-income housing units” means housing units with line 33 an af fordable housing cost or af fordable rent for persons and line 34 families of moderate income, as that term is defined in Section line 35 50093 of the Health and Safety Code.
line 36 (10) “Production report” means the information reported line 37 pursuant to subparagraph (H) of paragraph (2) of subdi vision (a) line 38 of Section 65400.
line 39 (11) “State agenc y” includes e very state office, officer , line 40 department, division, bureau, board, and commission, but does not 94 — 38 — SB 423
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line 1 include the California State Uni versity or the Uni versity of line 2 California.
line 3 (12) “Reporting period” means either of the following:
line 4 (A) The first half of the re gional housing needs assessment line 5 cycle.
line 6 (B) The last half of the regional housing needs assessment cycle. line 7 (13) “Urban uses” means an y current or former residential, line 8 commercial, public institutional, transit or transportation passenger line 9 facility, or retail use, or any combination of those uses. line 10 (n) The department may re view, adopt, amend, and repeal line 11 guidelines to implement uniform standards or criteria that line 12 supplement or clarify the terms, references, or standards set forth line 13 in this section. Any guidelines or terms adopted pursuant to this line 14 subdivision shall not be subject to Chapter 3.5 (commencing with line 15 Section 11340) of Part 1 of Division 3 of Title 2 of the Government line 16 Code.
line 17 (o) The determination of whether an application for a line 18 development is subject to the streamlined ministerial appro val line 19 process provided by subdivision (c) is not a “project” as defined line 20 in Section 21065 of the Public Resources Code.
line 21 (p) Notwithstanding any law, for purposes of this section and line 22 for de velopment in compliance with the requirements of this line 23 section on property owned by or leased to the state, the Department line 24 of General Services may act in the place of a locality or local line 25 government, at the discretion of the department. line 26 (q) (1) For de velopments proposed in a census tract that is line 27 designated either as a moderate resource area, low resource area, line 28 or an area of high se gregation and po verty on the most recent line 29 “CTAC/HCD Opportunity Map” published by the California Tax line 30 Credit Allocation Committee and the Department of Housing and line 31 Community Development, within 45 days after receiving a notice line 32 of intent, as described in subdi vision (b), and before the line 33 development proponent submits an application for the proposed line 34 development that is subject to the streamlined, ministerial approval line 35 process described in subdi vision (c), the local go vernment shall line 36 provide for a public meeting to be held by the city council or line 37 county board of supervisors to provide an opportunity for the public line 38 and the local government to comment on the development. 94 SB 423 — 39 —
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line 1 (2) The public meeting shall be held at a re gular meeting and line 2 be subject to the Ralph M. Bro wn Act (Chapter 9 (commencing line 3 with Section 54950) of Part 1 of Division 2 of Title 5). line 4 (3) Comments may be provided by testimony during the meeting line 5 or in writing at any time before the meeting concludes. line 6 (4) The development proponent shall attest in writing that it line 7 attended the meeting described in paragraph (1) and reviewed the line 8 public testimony and written comments from the meeting in its line 9 application for the proposed de velopment that is subject to the line 10 streamlined, ministerial approval process described in subdivision line 11 (c).
line 12 (5) If the local government fails to hold the hearing described line 13 in paragraph (1) within 45 days after receiving the notice of intent, line 14 the development proponent shall hold a public meeting on the line 15 proposed development before submitting an application pursuant line 16 to this section.
line 17 (r) (1) This section shall not apply to applications for line 18 developments proposed on qualified sites that are submitted on or line 19 after January 1, 2024, but before July 1, 2025. line 20 (2) For purposes of this subdi vision, “qualified site” means a line 21 site that meets the following requirements:
line 22 (A) The site is located within an equine or equestrian district line 23 designated by a general plan or specific or master plan, which may line 24 include a specific narrati ve reference to a geographically line 25 determined area or map of the same. P arcels adjoined and only line 26 separated by a street or highway shall be considered to be within line 27 an equestrian district.
line 28 (B) As of January 1, 2024, the general plan applicable to the line 29 site contains, and has contained for five or more years, an equine line 30 or equestrian district designation where the site is located. line 31 (C) As of January 1, 2024, the equine or equestrian district line 32 applicable to the site is not zoned to include residential uses, b ut line 33 authorizes residential uses with a conditional use permit. line 34 (D) The applicable local go vernment has an adopted housing line 35 element that is compliant with applicable law.
line 36 (3) The Legislature finds and declares that the purpose of this line 37 subdivision is to allow local governments to conduct general plan line 38 updates to align their general plan with applicable zoning changes. line 39 (s) The pro visions of clause (iii) of subparagraph (E) of line 40 paragraph (8) of subdivision (a) relating to health care expenditures 94 — 40 — SB 423
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line 1 are distinct and se verable from the remaining pro visions of this line 2 section. Ho wever, the remaining portions of paragraph (8) of line 3 subdivision (a) are a material and integral part of this section and line 4 are not severable. If any provision or application of paragraph (8) line 5 of subdivision (a) is held invalid, this entire section shall be null line 6 and void.
line 7 (t) (1) The changes made to this section by the act adding this line 8 subdivision shall apply in a coastal zone , as defined in Division line 9 20 (commencing with Section 30000) of the Public Resour ces line 10 Code, on and after January 1, 2025.
line 11 (2) In an area of the coastal zone not excluded under paragraph line 12 (6) of subdivision (a), a development that satisfies the requirements line 13 of subdivision (a) shall r equire a coastal de velopment permit line 14 pursuant to Chapter 7 (commencing with Section 30600) of line 15 Division 20 of the Public Resour ces Code. A local go vernment line 16 shall approve a coastal de velopment permit if it determines that line 17 the development is consistent with all objective standar ds of the line 18 local government’s certified local coastal program. line 19 (3) For purposes of this section, r eceipt of any density bonus, line 20 concessions, incentives, waiver s or r eductions of de velopment line 21 standards, and parking r atios to whic h the applicant is entitled line 22 under Section 65915 shall not constitute a basis to find the project line 23 inconsistent with the local coastal program.
line 24 (t)
line 25 (u) It is the polic y of the state that this section be interpreted line 26 and implemented in a manner to afford the fullest possible weight line 27 to the interest of, and the appro val and pro vision of, increased line 28 housing supply.
line 29 (u)
line 30 (v) This section shall remain in effect only until January 1, 2036, line 31 and as of that date is repealed.
line 32 SEC. 3. The Legislature finds and declares that ensuring access line 33 to affordable housing is a matter of state wide concern and is not line 34 a municipal affair as that term is used in Section 5 of Article XI line 35 of the California Constitution. Therefore, Section 2 of this act line 36 amending Section 65913.4 of the Government Code applies to all line 37 cities, including charter cities.
line 38 SEC. 4. No reimbursement is required by this act pursuant to line 39 Section 6 of Article XIIIB of the California Constitution because line 40 a local agency or school district has the authority to le vy service 94 SB 423 — 41 —
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line 1 charges, fees, or assessments sufficient to pay for the program or line 2 level of service mandated by this act or because costs that may be line 3 incurred by a local agenc y or school district will be incurred line 4 because this act creates a ne w crime or infraction, eliminates a line 5 crime or infraction, or changes the penalty for a crime or infraction, line 6 within the meaning of Section 17556 of the Government Code, or line 7 changes the definition of a crime within the meaning of Section 6 line 8 of Article XIII B of the California Constitution.
O
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