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AMENDED IN SENATE JULY 3, 2024
AMENDED IN SENATE JUNE 17, 2024
AMENDED IN ASSEMBLY MAY 6, 2024
AMENDED IN ASSEMBLY MARCH 21, 2024
california legislature—2023–24 regular session
ASSEMBLY BILL No. 3093
Introduced by Assembly Member Ward
(Principal coauthor: Senator Blakespear)
February 16, 2024
An act to amend Sections 65582, 65583, 65583.1, 65583.2, 65584, 65584.01, 65584.04, 65584.07, and 65913.4 of, and to add Section 65583.05 to, the Government Code, relating to land use. legislative counsel’s digest
AB 3093, as amended, Ward. Land use: housing element: streamlined multifamily housing.
(1) The Planning and Zoning Law requires a city or county to adopt a general plan for land use development that includes, among other things, a housing element. That law defines various terms for purposes of requirements applicable to the housing element.
Under existing law, a housing element is required to include specified information, including an analysis of special housing needs, such as those of the elderly, and quantification of the locality’s existing and projected housing needs for all income levels, including extremely low income households, calculated as provided.
This bill would define acutely low, extremely low, very low, lower, moderate, and above moderate income for purposes of requirements
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applicable to the housing element, and would make related changes.
The bill would modify the specified information required to be included in the housing element, including by removing the calculation method for extremely low income households and by specifying acutely and extremely low income households as a special housing need for the 7th and subsequent revisions of the housing element.
This bill would require the Department of Housing and Community Development to publish, by December 31, 2026, advisory guidance, including, but not limited to, sample analyses and programs, pertaining to special housing needs for acutely low and extremely low income households. When drafting the advisory guidance, the bill would require the department to consider programs that promote the financial feasibility of housing at all income levels. households, as specified. (2) Existing law requires the housing element to include an inventory of land suitable and available for residential development, as specified.
Existing law also requires the element to include a program that sets forth a schedule of actions during the planning period that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element, as described, and requires the program to identify actions that will be taken to make sites available during the planning period to accommodate the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites on the inventory, as described. Existing law requires the program to assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate-income households.
This bill would also require, for the 7th and subsequent revisions of the housing element, the program to assist in the development of adequate housing to meet the needs of acutely low income households.
Existing law requires sites to be rezoned, among other things, if the inventory of sites does not identify adequate sites to accommodate the need for groups of all household income levels, as specified, in a manner that accommodates 100% of the need for housing for very low and low-income households, as described.
This bill would also require, for the 7th and subsequent revisions of the housing element, the 100% accommodation of acutely low and extremely low income households in that program.
(3) Existing law requires, for the 4th and subsequent revision of the housing element, the Department of Housing and Community Development to determine the existing and projected need for housing 95 AB 3093 — 2 —
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for each region in a specified manner. That law provides that household income levels are to be determined by the department pursuant to specified law relating to very low, low-, moderate-, and above moderate-income households.
This bill would, for purposes of the above-described determination with respect to the 7th and subsequent revisions of the housing element, include acutely low and extremely low incomes, and direct the determination to be made in accordance with the definitions for those income levels as set forth in the bill.
Existing law also requires, for the 4th and subsequent revision of the housing element, the department to meet and consult with the council of governments regarding the assumptions and methodologies to be used by the department in determining the region’s housing needs and requires the council of governments to provide data assumptions from the council’s projections, including, if available, specified data for the region.
This bill would require the council to provide data regarding the housing needs of individuals and families experiencing homelessness. homelessness, as specified.
(4) Existing law requires, at least 2 years before a scheduled revision, each council of governments, or delegate subregion as applicable, to develop a proposed methodology for distributing the existing and projected regional housing need to cities, counties, and cities and counties within the region or subregion, as specified. Existing law requires the final allocation plan to ensure that the total regional housing need is maintained and that each jurisdiction in the region receives an allocation of units for low- and very low income households.
This bill would require, for the 7th and subsequent revisions of the housing element, the allocation to each region to also include an allocation of units for acutely low and extremely low income households.
(5) Existing law, during a specified timeline, requires the entity that assigned the county’s share of regional housing needs to reduce the share of the regional housing needs of a county if certain conditions are met. Existing law, however, reduces the county’s share of low-income and very low income housing only in proportion to the amount by which the county’s share of moderate- and above moderate-income housing is reduced.
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This bill would also include, for the 7th and subsequent revisions of the housing element, extremely low and acutely low income housing in this proportional reduction.
(6) Existing law authorizes a development proponent to submit an application for a development subject to a streamlined, ministerial approval process if the development complies with certain objective planning standards, among other things. As part of those objective planning standard requirements, existing law requires a development to be located in a specified locality determined by the department and subject to a requirement mandating a minimum percentage of below market rate housing based on certain parameters, depending on whether the locality submitted its latest production report or the conclusions of the report.
If the locality submitted its latest production report and the report reflects that there were fewer units of housing issued building permits affordable to either very low income or low-income households by income category than were required for the regional housing needs assessment cycle for that reporting period, existing law requires the development to dedicate 50% of the total number of units, before calculating any density bonus, to housing affordable to certain households.
This bill would include units affordable to acutely low income and extremely low income households, as those terms are defined, as units affordable to very low income households.
(7) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. (8) By imposing additional requirements on local governments with regard to streamlined housing approvals and their housing element, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
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The people of the State of California do enact as follows:
line 1 SECTION 1. Section 65582 of the Government Code is line 2 amended to read:
line 3 65582. As used in this article, the following definitions apply line 4 unless specified otherwise:
line 5 (a) “Above moderate income” means income exceeding the line 6 moderate-income level described in Section 50093 of the Health line 7 and Safety Code.
line 8 (b) “Acutely low income” has the same meaning as in Section line 9 50063.5 of the Health and Safety Code.
line 10 (c) “Community,” “locality,” “local government,” or line 11 “jurisdiction” means a city, city and county, or county. line 12 (d) “Council of governments” means a single or multicounty line 13 council created by a joint powers agreement pursuant to Chapter line 14 5 (commencing with Section 6500) of Division 1 of Title 1. line 15 (e) “Department” means the Department of Housing and line 16 Community Development.
line 17 (f) “Emergency shelter” has the same meaning as defined in line 18 subdivision (e) of Section 50801 of the Health and Safety Code. line 19 (g) “Extremely low income” means the income for households line 20 exceeding the income limit for acutely low income households, line 21 as defined in this section, and does not exceed the limit for line 22 extremely low income households, as defined in Section 50106 of line 23 the Health and Safety Code.
line 24 (h) “Frequent user coordinated care housing services” means line 25 housing combined with other supportive services for homeless line 26 persons identified by a city or county as the most costly, frequent line 27 users of publicly funded emergency services.
line 28 (i) “Housing element” or “element” means the housing element line 29 of the community’s general plan, as required pursuant to this article line 30 and subdivision (c) of Section 65302.
line 31 (j) “Low income” means the income for households exceeding line 32 the income limit for very low income households, as defined in line 33 this section, and does not exceed the income limit for lower income line 34 households, as defined in subdivision (a) of Section 50079.5 of line 35 the Health and Safety Code.
line 36 (k) “Lower income” means income that is low income, very line 37 low income, extremely low income, or acutely low income. 95 — 5 — AB 3093
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line 1 (l) “Moderate income” means the income for households line 2 exceeding the limit for lower income households, as defined in line 3 this section, and does not exceed the income limit for line 4 moderate-income households, as defined in Section 50093 of the line 5 Health and Safety Code.
line 6 (m) “Supportive housing” means housing with no limit on length line 7 of stay, that is occupied by the target population, and that is linked line 8 to an onsite or offsite service that assists the supportive housing line 9 resident in retaining the housing, improving their health status, line 10 and maximizing their ability to live and, when possible, work in line 11 the community.
line 12 (n) “Supportive services” include, but are not limited to, a line 13 combination of subsidized, permanent housing, intensive case line 14 management, medical and mental health care, substance abuse line 15 treatment, employment services, and benefits advocacy. line 16 (o) “Target population” means persons with low incomes who line 17 have one or more disabilities, including mental illness, HIV or line 18 AIDS, substance abuse, or other chronic health condition, or line 19 individuals eligible for services provided pursuant to the Lanterman line 20 Developmental Disabilities Services Act (Division 4.5 line 21 (commencing with Section 4500) of the Welfare and Institutions line 22 Code) and may include, among other populations, adults, line 23 emancipated minors, families with children, elderly persons, young line 24 adults aging out of the foster care system, individuals exiting from line 25 institutional settings, veterans, and homeless people. line 26 (p) “Transitional housing” means buildings configured as rental line 27 housing developments, but operated under program requirements line 28 that require the termination of assistance and recirculating of the line 29 assisted unit to another eligible program recipient at a line 30 predetermined future point in time that shall be no less than six line 31 months from the beginning of the assistance.
line 32 (q) “Very low income” means income for households exceeding line 33 the income limit for extremely low income households, as defined line 34 in this section, and does not exceed the income limit for very low line 35 income households, as defined in Section 50105 of the Health and line 36 Safety Code.
line 37 SEC. 2. Section 65583 of the Government Code is amended line 38 to read:
line 39 65583. The housing element shall consist of an identification line 40 and analysis of existing and projected housing needs and a 95 AB 3093 — 6 —
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line 1 statement of goals, policies, quantified objectives, financial line 2 resources, and scheduled programs for the preservation, line 3 improvement, and development of housing. The housing element line 4 shall identify adequate sites for housing, including rental housing, line 5 factory-built housing, mobilehomes, and emergency shelters, and line 6 shall make adequate provision for the existing and projected needs line 7 of all economic segments of the community. The element shall line 8 contain all of the following:
line 9 (a) An assessment of housing needs and an inventory of line 10 resources and constraints relevant to the meeting of these needs. line 11 The assessment and inventory shall include all of the following:
line 12 (1) An analysis of population and employment trends and line 13 documentation of projections and a quantification of the locality’s line 14 existing and projected housing needs for all income levels. These line 15 existing and projected needs shall include the locality’s share of line 16 the regional housing need in accordance with Section 65584. line 17 (2) An analysis and documentation of household characteristics, line 18 including level of payment compared to ability to pay, housing line 19 characteristics, including overcrowding, and housing stock line 20 condition.
line 21 (3) An inventory of land suitable and available for residential line 22 development, including vacant sites and sites having realistic and line 23 demonstrated potential for redevelopment during the planning line 24 period to meet the locality’s housing need for a designated income line 25 level, and an analysis of the relationship of zoning and public line 26 facilities and services to these sites, and an analysis of the line 27 relationship of the sites identified in the land inventory to the line 28 jurisdiction’s duty to affirmatively further fair housing. line 29 (4) (A) The identification of one or more zoning designations line 30 that allow residential uses, including mixed uses, where emergency line 31 shelters are allowed as a permitted use without a conditional use line 32 or other discretionary permit and that are suitable for residential line 33 uses. The identified zoning designations shall include sufficient line 34 sites meeting the requirements of subparagraph (H) with sufficient line 35 capacity, as described in subparagraph (I), to accommodate the line 36 need for emergency shelter identified in paragraph (7), except that line 37 each local government shall identify a zoning designation or line 38 designations that can accommodate at least one year-round line 39 emergency shelter. If the local government cannot identify a zoning line 40 designation or designations with sufficient capacity, the local 95 — 7 — AB 3093
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line 1 government shall include a program to amend its zoning ordinance line 2 to meet the requirements of this paragraph within one year of the line 3 adoption of the housing element. The local government may line 4 identify additional zoning designations where emergency shelters line 5 are permitted with a conditional use permit. The local government line 6 shall also demonstrate that existing or proposed permit processing, line 7 development, and management standards that apply to emergency line 8 shelters are objective and encourage and facilitate the development line 9 of, or conversion to, emergency shelters.
line 10 (B) Emergency shelters shall only be subject to the following line 11 written, objective standards:
line 12 (i) The maximum number of beds or persons permitted to be line 13 served nightly by the facility.
line 14 (ii) Sufficient parking to accommodate all staff working in the line 15 emergency shelter, provided that the standards do not require more line 16 parking for emergency shelters than other residential or commercial line 17 uses within the same zone.
line 18 (iii) The size and location of exterior and interior onsite waiting line 19 and client intake areas.
line 20 (iv) The provision of onsite management.
line 21 (v) The proximity to other emergency shelters, provided that line 22 emergency shelters are not required to be more than 300 feet apart. line 23 (vi) The length of stay.
line 24 (vii) Lighting.
line 25 (viii) Security during hours that the emergency shelter is in line 26 operation.
line 27 (C) For purposes of this paragraph, “emergency shelter” shall line 28 include other interim interventions, including, but not limited to, line 29 a navigation center, bridge housing, and respite or recuperative line 30 care.
line 31 (D) The permit processing, development, and management line 32 standards applied under this paragraph shall not be deemed to be line 33 discretionary acts within the meaning of the California line 34 Environmental Quality Act (Division 13 (commencing with Section line 35 21000) of the Public Resources Code).
line 36 (E) If a local government has adopted written, objective line 37 standards pursuant to subparagraph (B), the local government shall line 38 include an analysis of the standards in the analysis of constraints line 39 pursuant to paragraph (5).
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line 1 (F) A local government that can demonstrate, to the satisfaction line 2 of the department, the existence of one or more emergency shelters line 3 either within its jurisdiction or pursuant to a multijurisdictional line 4 agreement that can accommodate that jurisdiction’s need and the line 5 needs of the other jurisdictions that are a part of the agreement for line 6 emergency shelter identified in paragraph (7) may comply with line 7 the zoning requirements of subparagraph (A) by identifying a line 8 zoning designation where new emergency shelters are allowed line 9 with a conditional use permit.
line 10 (G) A local government with an existing ordinance or ordinances line 11 that comply with this paragraph shall not be required to take line 12 additional action to identify zoning designations for emergency line 13 shelters. The housing element must only describe how existing line 14 ordinances, policies, and standards are consistent with the line 15 requirements of this paragraph.
line 16 (H) The zoning designation or designations where emergency line 17 shelters are allowed, as described in subparagraph (A), shall include line 18 sites that meet at least one of the following standards:
line 19 (i) Vacant sites zoned for residential use.
line 20 (ii) Vacant sites zoned for nonresidential use that allow line 21 residential development, if the local government can demonstrate line 22 how the sites with this zoning designation that are being used to line 23 satisfy the requirements of paragraph (1) are located near amenities line 24 and services that serve people experiencing homelessness, which line 25 may include, health care, transportation, retail, employment, and line 26 social services, or that the local government will provide free line 27 transportation to services or offer services onsite. line 28 (iii) Nonvacant sites zoned for residential use or for line 29 nonresidential use that allow residential development that are line 30 suitable for use as a shelter in the current planning period, or which line 31 can be redeveloped for use as a shelter in the current planning line 32 period. A nonvacant site with an existing use shall be presumed line 33 to impede emergency shelter development absent an analysis based line 34 on substantial evidence that the use is likely to be discontinued line 35 during the planning period. The analysis shall consider current line 36 market demand for the current uses, market conditions, and line 37 incentives or standards to encourage shelter development. line 38 (I) The zoning designation or designations shall have sufficient line 39 sites meeting the requirements of subparagraph (H) to line 40 accommodate the need for shelters identified pursuant to paragraph 95 — 9 — AB 3093
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line 1 (7). The number of people experiencing homelessness that can be line 2 accommodated on any site shall be demonstrated by dividing the line 3 square footage of the site by a minimum of 200 square feet per line 4 person, unless the locality can demonstrate that one or more line 5 shelters were developed on sites that have fewer square feet per line 6 person during the prior planning period or the locality provides line 7 similar evidence to the department demonstrating that the site can line 8 accommodate more people experiencing homelessness. Any line 9 standard applied pursuant to this subparagraph is intended only line 10 for calculating site capacity pursuant to this section, and shall not line 11 be constructed as establishing a development standard applicable line 12 to the siting, development, or approval of a shelter. line 13 (J) Notwithstanding subparagraph (H), a local government may line 14 accommodate the need for emergency shelters identified pursuant line 15 to paragraph (7) on sites owned by the local government if it line 16 demonstrates with substantial evidence that the sites will be made line 17 available for emergency shelter during the planning period, they line 18 are suitable for residential use, and the sites are located near line 19 amenities and services that serve people experiencing line 20 homelessness, which may include health care, transportation, retail, line 21 employment, and social services, or that the local government will line 22 provide free transportation to services or offer services onsite. line 23 (5) An analysis of potential and actual governmental constraints line 24 upon the maintenance, improvement, or development of housing line 25 for all income levels, including the types of housing identified in line 26 paragraph (1) of subdivision (c), and for persons with disabilities line 27 as identified in the analysis pursuant to paragraph (7), including line 28 land use controls, building codes and their enforcement, site line 29 improvements, fees and other exactions required of developers, line 30 local processing and permit procedures, and any locally adopted line 31 ordinances that directly impact the cost and supply of residential line 32 development. The analysis shall also demonstrate local efforts to line 33 remove governmental constraints that hinder the locality from line 34 meeting its share of the regional housing need in accordance with line 35 Section 65584 and from meeting the need for housing for persons line 36 with disabilities, supportive housing, transitional housing, and line 37 emergency shelters identified pursuant to paragraph (7). line 38 (6) An analysis of potential and actual nongovernmental line 39 constraints upon the maintenance, improvement, or development line 40 of housing for all income levels, including the availability of 95 AB 3093 — 10 —
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line 1 financing, the price of land, the cost of construction, the requests line 2 to develop housing at densities below those anticipated in the line 3 analysis required by subdivision (c) of Section 65583.2, and the line 4 length of time between receiving approval for a housing line 5 development and submittal of an application for building permits line 6 for that housing development that hinder the construction of a line 7 locality’s share of the regional housing need in accordance with line 8 Section 65584. The analysis shall also demonstrate local efforts line 9 to remove nongovernmental constraints that create a gap between line 10 the locality’s planning for the development of housing for all line 11 income levels and the construction of that housing. line 12 (7) (A) An analysis of any special housing needs, such as those line 13 of the elderly; persons with disabilities, including a developmental line 14 disability, as defined in Section 4512 of the Welfare and line 15 Institutions Code; extremely low income households; large line 16 families; farmworkers; families with female heads of households; line 17 and families and persons in need of emergency shelter. The need line 18 for emergency shelter shall be assessed based on the capacity line 19 necessary to accommodate the most recent homeless point-in-time line 20 count conducted before the start of the planning period, the need line 21 for emergency shelter based on number of beds available on a line 22 year-round and seasonal basis, the number of shelter beds that go line 23 unused on an average monthly basis within a one-year period, and line 24 the percentage of those in emergency shelters that move to line 25 permanent housing solutions. The need for emergency shelter may line 26 be reduced by the number of supportive housing units that are line 27 identified in an adopted 10-year plan to end chronic homelessness line 28 and that are either vacant or for which funding has been identified line 29 to allow construction during the planning period. An analysis of line 30 special housing needs by a city or county may include an analysis line 31 of the need for frequent user coordinated care housing services. line 32 (B) For the seventh and subsequent revisions of the housing line 33 element, the analysis required in subparagraph (A) shall also line 34 include an analysis of the housing needs of acutely and extremely line 35 low income households.
line 36 (8) An analysis of opportunities for energy conservation with line 37 respect to residential development. Cities and counties are line 38 encouraged to include weatherization and energy efficiency line 39 improvements as part of publicly subsidized housing rehabilitation line 40 projects. This may include energy efficiency measures that 95 — 11 — AB 3093
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line 1 encompass the building envelope, its heating and cooling systems, line 2 and its electrical system.
line 3 (9) An analysis of existing assisted housing developments that line 4 are eligible to change from low-income housing uses during the line 5 next 10 years due to termination of subsidy contracts, mortgage line 6 prepayment, or expiration of restrictions on use. “Assisted housing line 7 developments,” for the purpose of this section, shall mean line 8 multifamily rental housing that receives governmental assistance line 9 under federal programs listed in subdivision (a) of Section line 10 65863.10, state and local multifamily revenue bond programs, line 11 local redevelopment programs, the federal Community line 12 Development Block Grant Program, or local in-lieu fees. “Assisted line 13 housing developments” shall also include multifamily rental units line 14 that were developed pursuant to a local inclusionary housing line 15 program or used to qualify for a density bonus pursuant to Section line 16 65916.
line 17 (A) The analysis shall include a listing of each development by line 18 project name and address, the type of governmental assistance line 19 received, the earliest possible date of change from low-income line 20 use, and the total number of elderly and nonelderly units that could line 21 be lost from the locality’s low-income housing stock in each year line 22 during the 10-year period. For purposes of state and federally line 23 funded projects, the analysis required by this subparagraph need line 24 only contain information available on a statewide basis. line 25 (B) The analysis shall estimate the total cost of producing new line 26 rental housing that is comparable in size and rent levels, to replace line 27 the units that could change from low-income use, and an estimated line 28 cost of preserving the assisted housing developments. This cost line 29 analysis for replacement housing may be done aggregately for line 30 each five-year period and does not have to contain a line 31 project-by-project cost estimate.
line 32 (C) The analysis shall identify public and private nonprofit line 33 corporations known to the local government that have legal and line 34 managerial capacity to acquire and manage these housing line 35 developments.
line 36 (D) The analysis shall identify and consider the use of all federal, line 37 state, and local financing and subsidy programs that can be used line 38 to preserve, for lower income households, the assisted housing line 39 developments, identified in this paragraph, including, but not line 40 limited to, federal Community Development Block Grant Program 95 AB 3093 — 12 —
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line 1 funds, tax increment funds received by a redevelopment agency line 2 of the community, and administrative fees received by a housing line 3 authority operating within the community. In considering the use line 4 of these financing and subsidy programs, the analysis shall identify line 5 the amounts of funds under each available program that have not line 6 been legally obligated for other purposes and that could be line 7 available for use in preserving assisted housing developments. line 8 (b) (1) A statement of the community’s goals, quantified line 9 objectives, and policies relative to affirmatively furthering fair line 10 housing and to the maintenance, preservation, improvement, and line 11 development of housing.
line 12 (2) It is recognized that the total housing needs identified line 13 pursuant to subdivision (a) may exceed available resources and line 14 the community’s ability to satisfy this need within the content of line 15 the general plan requirements outlined in Article 5 (commencing line 16 with Section 65300). Under these circumstances, the quantified line 17 objectives need not be identical to the total housing needs. The line 18 quantified objectives shall establish the maximum number of line 19 housing units by income category that can be constructed, line 20 rehabilitated, and conserved over a five-year time period. line 21 (c) A program that sets forth a schedule of actions during the line 22 planning period, each with a timeline for implementation, that may line 23 recognize that certain programs are ongoing, such that there will line 24 be beneficial impacts of the programs within the planning period, line 25 that the local government is undertaking or intends to undertake line 26 to implement the policies and achieve the goals and objectives of line 27 the housing element through the administration of land use and line 28 development controls, the provision of regulatory concessions and line 29 incentives, the utilization of appropriate federal and state financing line 30 and subsidy programs when available, and the utilization of moneys line 31 in a low- and moderate-income housing fund of an agency if the line 32 locality has established a redevelopment project area pursuant to line 33 the Community Redevelopment Law (Division 24 (commencing line 34 with Section 33000) of the Health and Safety Code). In order to line 35 make adequate provision for the housing needs of all economic line 36 segments of the community, the program shall do all of the line 37 following:
line 38 (1) Identify actions that will be taken to make sites available line 39 during the planning period with appropriate zoning and line 40 development standards and with services and facilities to 95 — 13 — AB 3093
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line 1 accommodate that portion of the city’s or county’s share of the line 2 regional housing need for each income level that could not be line 3 accommodated on sites identified in the inventory completed line 4 pursuant to paragraph (3) of subdivision (a) without rezoning, and line 5 to comply with the requirements of Section 65584.09. Sites shall line 6 be identified as needed to affirmatively further fair housing and line 7 to facilitate and encourage the development of a variety of types line 8 of housing for all income levels, including multifamily rental line 9 housing, factory-built housing, mobilehomes, housing for line 10 agricultural employees, supportive housing, single-room occupancy line 11 units, emergency shelters, and transitional housing. line 12 (A) Where the inventory of sites, pursuant to paragraph (3) of line 13 subdivision (a), does not identify adequate sites to accommodate line 14 the need for groups of all household income levels pursuant to line 15 Section 65584, rezoning of those sites, including adoption of line 16 minimum density and development standards, for jurisdictions line 17 with an eight-year housing element planning period pursuant to line 18 Section 65588, shall be completed no later than three years after line 19 either the date the housing element is adopted pursuant to line 20 subdivision (f) of Section 65585 or the date that is 90 days after line 21 receipt of comments from the department pursuant to subdivision line 22 (b) of Section 65585, whichever is earlier, unless the deadline is line 23 extended pursuant to subdivision (f). Notwithstanding the line 24 foregoing, for a local government that fails to adopt a housing line 25 element that the department has found to be in substantial line 26 compliance with this article within 120 days of the statutory line 27 deadline in Section 65588 for adoption of the housing element, line 28 rezoning of those sites, including adoption of minimum density line 29 and development standards, shall be completed no later than one line 30 year from the statutory deadline in Section 65588 for adoption of line 31 the housing element.
line 32 (B) Where the inventory of sites, pursuant to paragraph (3) of line 33 subdivision (a), does not identify adequate sites to accommodate line 34 the need for groups of all household income levels pursuant to line 35 Section 65584, the program shall identify sites that can be line 36 developed for housing within the planning period pursuant to line 37 subdivision (h) of Section 65583.2. The identification of sites shall line 38 include all components specified in Section 65583.2. line 39 (C) Where the inventory of sites pursuant to paragraph (3) of line 40 subdivision (a) does not identify adequate sites to accommodate 95 AB 3093 — 14 —
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line 1 the need for farmworker housing, the program shall provide for line 2 sufficient sites to meet the need with zoning that permits line 3 farmworker housing use by right, including density and line 4 development standards that could accommodate and facilitate the line 5 feasibility of the development of farmworker housing for low- and line 6 very low income households.
line 7 (2) (A) Assist in the development of adequate housing to meet line 8 the needs of extremely low, very low, low-, and moderate-income line 9 households.
line 10 (B) For the seventh and subsequent revisions of the housing line 11 element, the program shall also assist in the development of line 12 adequate housing to meet the needs of acutely low income line 13 households.
line 14 (3) Address and, where appropriate and legally possible, remove line 15 governmental and nongovernmental constraints to the maintenance, line 16 improvement, and development of housing, including housing for line 17 all income levels and housing for persons with disabilities. The line 18 program shall remove constraints to, and provide reasonable line 19 accommodations for housing designed for, intended for occupancy line 20 by, or with supportive services for, persons with disabilities. line 21 Transitional housing and supportive housing shall be considered line 22 a residential use of property and shall be subject only to those line 23 restrictions that apply to other residential dwellings of the same line 24 type in the same zone. Supportive housing, as defined in Section line 25 65650, shall be a use by right in all zones where multifamily and line 26 mixed uses are permitted, as provided in Article 11 (commencing line 27 with Section 65650).
line 28 (4) Conserve and improve the condition of the existing line 29 affordable housing stock, which may include addressing ways to line 30 mitigate the loss of dwelling units demolished by public or private line 31 action.
line 32 (5) Promote and affirmatively further fair housing opportunities line 33 and promote housing throughout the community or communities line 34 for all persons regardless of race, religion, sex, marital status, line 35 ancestry, national origin, color, familial status, or disability, and line 36 other characteristics protected by the California Fair Employment line 37 and Housing Act (Part 2.8 (commencing with Section 12900) of line 38 Division 3 of Title 2), Section 65008, and any other state and line 39 federal fair housing and planning law.
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line 1 (6) Preserve for lower income households the assisted housing line 2 developments identified pursuant to paragraph (9) of subdivision line 3 (a). The program for preservation of the assisted housing line 4 developments shall utilize, to the extent necessary, all available line 5 federal, state, and local financing and subsidy programs identified line 6 in paragraph (9) of subdivision (a), except where a community has line 7 other urgent needs for which alternative funding sources are not line 8 available. The program may include strategies that involve local line 9 regulation and technical assistance.
line 10 (7) Develop a plan that incentivizes and promotes the creation line 11 of accessory dwelling units that can be offered at affordable rent, line 12 as defined in Section 50053 of the Health and Safety Code, for line 13 very low, low-, or moderate-income households. For purposes of line 14 this paragraph, “accessory dwelling units” has the same meaning line 15 as “accessory dwelling unit” as defined in subdivision (a) of line 16 Section 66313.
line 17 (8) Include an identification of the agencies and officials line 18 responsible for the implementation of the various actions and the line 19 means by which consistency will be achieved with other general line 20 plan elements and community goals.
line 21 (9) Include a diligent effort by the local government to achieve line 22 public participation of all economic segments of the community line 23 in the development of the housing element, and the program shall line 24 describe this effort.
line 25 (10) (A) Affirmatively further fair housing in accordance with line 26 Chapter 15 (commencing with Section 8899.50) of Division 1 of line 27 Title 2. The program shall include an assessment of fair housing line 28 in the jurisdiction that shall include all of the following line 29 components:
line 30 (i) A summary of fair housing issues in the jurisdiction and an line 31 assessment of the jurisdiction’s fair housing enforcement and fair line 32 housing outreach capacity.
line 33 (ii) An analysis of available federal, state, and local data and line 34 knowledge to identify integration and segregation patterns and line 35 trends, racially or ethnically concentrated areas of poverty and line 36 affluence, disparities in access to opportunity, and disproportionate line 37 housing needs, including displacement risk. The analysis shall line 38 identify and examine such patterns, trends, areas, disparities, and line 39 needs, both within the jurisdiction and comparing the jurisdiction line 40 to the region in which it is located, based on race and other 95 AB 3093 — 16 —
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line 1 characteristics protected by the California Fair Employment and line 2 Housing Act (Part 2.8 (commencing with Section 12900) of line 3 Division 3 of Title 2) and Section 65008.
line 4 (iii) An assessment of the contributing factors, including the line 5 local and regional historical origins and current policies and line 6 practices, for the fair housing issues identified under clauses (i) line 7 and (ii).
line 8 (iv) An identification of the jurisdiction’s fair housing priorities line 9 and goals, giving highest priority to those factors identified in line 10 clause (iii) that limit or deny fair housing choice or access to line 11 opportunity, or negatively impact fair housing or civil rights line 12 compliance, and identifying the metrics and milestones for line 13 determining what fair housing results will be achieved. line 14 (v) Strategies and actions to implement those priorities and line 15 goals, which may include, but are not limited to, enhancing line 16 mobility strategies and encouraging development of new affordable line 17 housing in areas of opportunity, as well as place-based strategies line 18 to encourage community revitalization, including preservation of line 19 existing affordable housing, and protecting existing residents from line 20 displacement.
line 21 (B) A jurisdiction that completes or revises an assessment of line 22 fair housing pursuant to Subpart A (commencing with Section line 23 5.150) of Part 5 of Subtitle A of Title 24 of the Code of Federal line 24 Regulations, as published in Volume 80 of the Federal Register, line 25 Number 136, page 42272, dated July 16, 2015, or an analysis of line 26 impediments to fair housing choice in accordance with the line 27 requirements of Section 91.225 of Title 24 of the Code of Federal line 28 Regulations in effect before August 17, 2015, may incorporate line 29 relevant portions of that assessment or revised assessment of fair line 30 housing or analysis or revised analysis of impediments to fair line 31 housing into its housing element.
line 32 (C) The requirements of this paragraph shall apply to housing line 33 elements due to be revised pursuant to Section 65588 on or after line 34 January 1, 2021.
line 35 (d) (1) A local government may satisfy all or part of its line 36 requirement to identify a zone or zones suitable for the line 37 development of emergency shelters pursuant to paragraph (4) of line 38 subdivision (a) by adopting and implementing a multijurisdictional line 39 agreement, with a maximum of two other adjacent communities, line 40 that requires the participating jurisdictions to develop at least one 95 — 17 — AB 3093
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line 1 year-round emergency shelter within two years of the beginning line 2 of the planning period.
line 3 (2) The agreement shall allocate a portion of the new shelter line 4 capacity to each jurisdiction as credit toward its emergency shelter line 5 need, and each jurisdiction shall describe how the capacity was line 6 allocated as part of its housing element.
line 7 (3) Each member jurisdiction of a multijurisdictional agreement line 8 shall describe in its housing element all of the following:
line 9 (A) How the joint facility will meet the jurisdiction’s emergency line 10 shelter need.
line 11 (B) The jurisdiction’s contribution to the facility for both the line 12 development and ongoing operation and management of the line 13 facility.
line 14 (C) The amount and source of the funding that the jurisdiction line 15 contributes to the facility.
line 16 (4) The aggregate capacity claimed by the participating line 17 jurisdictions in their housing elements shall not exceed the actual line 18 capacity of the shelter.
line 19 (e) Except as otherwise provided in this article, amendments to line 20 this article that alter the required content of a housing element line 21 shall apply to both of the following:
line 22 (1) A housing element or housing element amendment prepared line 23 pursuant to subdivision (e) of Section 65588 or Section 65584.02, line 24 when a city, county, or city and county submits a draft to the line 25 department for review pursuant to Section 65585 more than 90 line 26 days after the effective date of the amendment to this section. line 27 (2) Any housing element or housing element amendment line 28 prepared pursuant to subdivision (e) of Section 65588 or Section line 29 65584.02, when the city, county, or city and county fails to submit line 30 the first draft to the department before the due date specified in line 31 Section 65588 or 65584.02.
line 32 (f) The deadline for completing required rezoning pursuant to line 33 subparagraph (A) of paragraph (1) of subdivision (c) shall be line 34 extended by one year if the local government has completed the line 35 rezoning at densities sufficient to accommodate at least 75 percent line 36 of the units for lower income households and if the legislative line 37 body at the conclusion of a public hearing determines, based upon line 38 substantial evidence, that any of the following circumstances exist:
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line 1 (1) The local government has been unable to complete the line 2 rezoning because of the action or inaction beyond the control of line 3 the local government of any other state, federal, or local agency. line 4 (2) The local government is unable to complete the rezoning line 5 because of infrastructure deficiencies due to fiscal or regulatory line 6 constraints.
line 7 (3) The local government must undertake a major revision to line 8 its general plan in order to accommodate the housing-related line 9 policies of a sustainable communities strategy or an alternative line 10 planning strategy adopted pursuant to Section 65080. line 11 The resolution and the findings shall be transmitted to the line 12 department together with a detailed budget and schedule for line 13 preparation and adoption of the required rezonings, including plans line 14 for citizen participation and expected interim action. The schedule line 15 shall provide for adoption of the required rezoning within one year line 16 of the adoption of the resolution.
line 17 (g) (1) If a local government fails to complete the rezoning by line 18 the deadline provided in subparagraph (A) of paragraph (1) of line 19 subdivision (c), as it may be extended pursuant to subdivision (f), line 20 except as provided in paragraph (2), a local government may not line 21 disapprove a housing development project, nor require a line 22 conditional use permit, planned unit development permit, or other line 23 locally imposed discretionary permit, or impose a condition that line 24 would render the project infeasible, if the housing development line 25 project, (A) is proposed to be located on a site required to be line 26 rezoned pursuant to the program action required by that line 27 subparagraph and, (B) complies with applicable, objective general line 28 plan and zoning standards and criteria, including design review line 29 standards, described in the program action required by that line 30 subparagraph. Any subdivision of sites shall be subject to the line 31 Subdivision Map Act (Division 2 (commencing with Section line 32 66410)). Design review shall not constitute a “project” for purposes line 33 of Division 13 (commencing with Section 21000) of the Public line 34 Resources Code.
line 35 (2) A local government may disapprove a housing development line 36 described in paragraph (1) if it makes written findings supported line 37 by substantial evidence on the record that both of the following line 38 conditions exist:
line 39 (A) The housing development project would have a specific, line 40 adverse impact upon the public health or safety unless the project 95 — 19 — AB 3093
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line 1 is disapproved or approved upon the condition that the project be line 2 developed at a lower density. As used in this paragraph, a “specific, line 3 adverse impact” means a significant, quantifiable, direct, and line 4 unavoidable impact, based on objective, identified written public line 5 health or safety standards, policies, or conditions as they existed line 6 on the date the application was deemed complete. line 7 (B) There is no feasible method to satisfactorily mitigate or line 8 avoid the adverse impact identified pursuant to paragraph (1), other line 9 than the disapproval of the housing development project or the line 10 approval of the project upon the condition that it be developed at line 11 a lower density.
line 12 (3) The applicant or any interested person may bring an action line 13 to enforce this subdivision. If a court finds that the local agency line 14 disapproved a project or conditioned its approval in violation of line 15 this subdivision, the court shall issue an order or judgment line 16 compelling compliance within 60 days. The court shall retain line 17 jurisdiction to ensure that its order or judgment is carried out. If line 18 the court determines that its order or judgment has not been carried line 19 out within 60 days, the court may issue further orders to ensure line 20 that the purposes and policies of this subdivision are fulfilled. In line 21 any such action, the city, county, or city and county shall bear the line 22 burden of proof.
line 23 (4) For purposes of this subdivision, “housing development line 24 project” means a project to construct residential units for which line 25 the project developer provides sufficient legal commitments to the line 26 appropriate local agency to ensure the continued availability and line 27 use of at least 49 percent of the housing units for very low, low-, line 28 and moderate-income households with an affordable housing cost line 29 or affordable rent, as defined in Section 50052.5 or 50053 of the line 30 Health and Safety Code, respectively, for the period required by line 31 the applicable financing.
line 32 (h) An action to enforce the program actions of the housing line 33 element shall be brought pursuant to Section 1085 of the Code of line 34 Civil Procedure.
line 35 (i) Notwithstanding any other law, the otherwise applicable line 36 timeframe set forth in paragraph (2) of subdivision (b) and line 37 subdivision (d) of Section 21080.3.1 of the Public Resources Code, line 38 and paragraph (3) of subdivision (d) of Section 21082.3 of the line 39 Public Resources Code, for a Native American tribe to respond to line 40 a lead agency and request consultation in writing is extended by 95 AB 3093 — 20 —
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line 1 30 days for any housing development project application line 2 determined or deemed to be complete on or after March 4, 2020, line 3 and prior to December 31, 2021.
line 4 (j) On or after January 1, 2024, at the discretion of the line 5 department, the analysis of government constraints pursuant to line 6 paragraph (5) of subdivision (a) may include an analysis of line 7 constraints upon the maintenance, improvement, or development line 8 of housing for persons with a characteristic identified in subdivision line 9 (b) of Section 51 of the Civil Code. The implementation of this line 10 subdivision is contingent upon an appropriation by the Legislature line 11 in the annual Budget Act or another statute for this purpose. line 12 SEC. 3. Section 65583.05 is added to the Government Code, line 13 to read:
line 14 65583.05. The Department of Housing and Community line 15 Development shall publish, by December 31, 2026, advisory line 16 guidance, including, but not limited to, sample analyses and line 17 programs, pertaining to special housing needs for acutely low and line 18 extremely low income households, as described in paragraph (7) line 19 of subdivision (a) of Section 65583. When drafting the advisory line 20 guidance, the department shall consider programs that promote line 21 the financial feasibility of housing at all income levels. The line 22 guidance shall provide advice regarding the impact of the statutory line 23 requirements pertaining to acutely low and extremely low income line 24 households on both of the following:
line 25 (a) Compliance with the requirements in Section 65583 to line 26 analyze potential and actual governmental constraints and, where line 27 appropriate and legally possible, remove governmental constraints. line 28 (b) Residential development project financial or other factors line 29 that impact feasibility.
line 30 SEC. 4. Section 65583.1 of the Government Code is amended line 31 to read:
line 32 65583.1. (a) The Department of Housing and Community line 33 Development, in evaluating a proposed or adopted housing element line 34 for substantial compliance with this article, may allow a city or line 35 county to identify adequate sites, as required pursuant to Section line 36 65583, by a variety of methods, including, but not limited to, line 37 redesignation of property to a more intense land use category and line 38 increasing the density allowed within one or more categories. The line 39 department may also allow a city or county to identify sites for line 40 accessory dwelling units based on the number of accessory 95 — 21 — AB 3093
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line 1 dwelling units developed in the prior housing element planning line 2 period whether or not the units are permitted by right, the need for line 3 these units in the community, the resources or incentives available line 4 for their development, and any other relevant factors, as determined line 5 by the department. Nothing in this section reduces the responsibility line 6 of a city or county to identify, by income category, the total number line 7 of sites for residential development as required by this article. line 8 (b) Sites that contain permanent housing units located on a line 9 military base undergoing closure or conversion as a result of action line 10 pursuant to the Defense Authorization Amendments and Base line 11 Closure and Realignment Act (Public Law 100-526), the Defense line 12 Base Closure and Realignment Act of 1990 (Public Law 101-510), line 13 or any subsequent act requiring the closure or conversion of a line 14 military base may be identified as an adequate site if the housing line 15 element demonstrates that the housing units will be available for line 16 occupancy by households within the planning period of the line 17 element. No sites containing housing units scheduled or planned line 18 for demolition or conversion to nonresidential uses shall qualify line 19 as an adequate site.
line 20 Any city, city and county, or county using this subdivision shall line 21 address the progress in meeting this section in the reports provided line 22 pursuant to paragraph (1) of subdivision (b) of Section 65400. line 23 (c) (1) The Department of Housing and Community line 24 Development may allow a city or county to substitute the provision line 25 of units for up to 25 percent of the community’s obligation to line 26 identify adequate sites for any income category in its housing line 27 element pursuant to paragraph (1) of subdivision (c) of Section line 28 65583 where the community includes in its housing element a line 29 program committing the local government to provide units in that line 30 income category within the city or county that will be made line 31 available through the provision of committed assistance during line 32 the planning period covered by the element to lower income line 33 households at affordable housing costs or affordable rents, as line 34 defined in Sections 50052.5 and 50053 of the Health and Safety line 35 Code, and which meet the requirements of paragraph (2). Except line 36 as otherwise provided in this subdivision, the community may line 37 substitute one dwelling unit for one dwelling unit site in the line 38 applicable income category. The program shall do all of the line 39 following:
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line 1 (A) Identify the specific, existing sources of committed line 2 assistance and dedicate a specific portion of the funds from those line 3 sources to the provision of housing pursuant to this subdivision. line 4 (B) Indicate the number of units that will be provided to low-, line 5 very low, extremely low, and acutely low income households and line 6 demonstrate that the amount of dedicated funds is sufficient to line 7 develop the units at affordable housing costs or affordable rents. line 8 (C) Demonstrate that the units meet the requirements of line 9 paragraph (2).
line 10 (2) Only units that comply with subparagraph (A), (B), (C), (D), line 11 or (E) qualify for inclusion in the housing element program line 12 described in paragraph (1), as follows:
line 13 (A) Units that are to be substantially rehabilitated with line 14 committed assistance from the city or county and constitute a net line 15 increase in the community’s stock of housing affordable to lower line 16 income households. For purposes of this subparagraph, a unit is line 17 not eligible to be “substantially rehabilitated” unless all of the line 18 following requirements are met:
line 19 (i) At the time the unit is identified for substantial rehabilitation, line 20 (I) the local government has determined that the unit is at imminent line 21 risk of loss to the housing stock, (II) the local government has line 22 committed to provide relocation assistance pursuant to Chapter 16 line 23 (commencing with Section 7260) of Division 7 of Title 1 to any line 24 occupants temporarily or permanently displaced by the line 25 rehabilitation or code enforcement activity, or the relocation is line 26 otherwise provided prior to displacement either as a condition of line 27 receivership, or provided by the property owner or the local line 28 government pursuant to Article 2.5 (commencing with Section line 29 17975) of Chapter 5 of Part 1.5 of Division 13 of the Health and line 30 Safety Code, or as otherwise provided by local ordinance; provided line 31 the assistance includes not less than the equivalent of four months’ line 32 rent and moving expenses and comparable replacement housing line 33 consistent with the moving expenses and comparable replacement line 34 housing required pursuant to Section 7260, (III) the local line 35 government requires that any displaced occupants will have the line 36 right to reoccupy the rehabilitated units, and (IV) the unit has been line 37 found by the local government or a court to be unfit for human line 38 habitation due to the existence of at least four violations of the line 39 conditions listed in subdivisions (a) to (g), inclusive, of Section line 40 17995.3 of the Health and Safety Code.
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line 1 (ii) The rehabilitated unit will have long-term affordability line 2 covenants and restrictions that require the unit to be available to, line 3 and occupied by, persons or families of lower income at affordable line 4 housing costs for at least 55 years or the time period required by line 5 any applicable federal or state law or regulation. line 6 (iii) Prior to initial occupancy after rehabilitation, the local code line 7 enforcement agency shall issue a certificate of occupancy indicating line 8 compliance with all applicable state and local building code and line 9 health and safety code requirements.
line 10 (B) Units that are located either on foreclosed property or in a line 11 multifamily rental or ownership housing complex of three or more line 12 units, are converted with committed assistance from the city or line 13 county from nonaffordable to affordable by acquisition of the unit line 14 or the purchase of affordability covenants and restrictions for the line 15 unit, are not acquired by eminent domain, and constitute a net line 16 increase in the community’s stock of housing affordable to lower line 17 income households. For purposes of this subparagraph, a unit is line 18 not converted by acquisition or the purchase of affordability line 19 covenants unless all of the following occur:
line 20 (i) The unit is made available for rent at a cost affordable to line 21 lower income households.
line 22 (ii) At the time the unit is identified for acquisition, the unit is line 23 not available at an affordable housing cost to either of the line 24 following:
line 25 (I) Low-income households, if the unit will be made affordable line 26 to low-income households.
line 27 (II) Very low, extremely low, or acutely low income households, line 28 if the unit will be made affordable to very low income households. line 29 (iii) At the time the unit is identified for acquisition the unit is line 30 not occupied by lower income households or if the acquired unit line 31 is occupied, the local government has committed to provide line 32 relocation assistance prior to displacement, if any, pursuant to line 33 Chapter 16 (commencing with Section 7260) of Division 7 of Title line 34 1 to any occupants displaced by the conversion, or the relocation line 35 is otherwise provided prior to displacement; provided the assistance line 36 includes not less than the equivalent of four months’ rent and line 37 moving expenses and comparable replacement housing consistent line 38 with the moving expenses and comparable replacement housing line 39 required pursuant to Section 7260.
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line 1 (iv) The unit is in decent, safe, and sanitary condition at the line 2 time of occupancy.
line 3 (v) The unit has long-term affordability covenants and line 4 restrictions that require the unit to be affordable to persons of lower line 5 income for not less than 55 years.
line 6 (vi) For units located in multifamily ownership housing line 7 complexes with three or more units, or on or after January 1, 2015, line 8 on foreclosed properties, at least an equal number of line 9 new-construction multifamily rental units affordable to lower line 10 income households have been constructed in the city or county line 11 within the same planning period as the number of ownership units line 12 to be converted.
line 13 (C) Units that will be preserved at affordable housing costs to line 14 persons or families of lower incomes with committed assistance line 15 from the city or county by acquisition of the unit or the purchase line 16 of affordability covenants for the unit. For purposes of this line 17 subparagraph, a unit shall not be deemed preserved unless all of line 18 the following occur:
line 19 (i) The unit has long-term affordability covenants and line 20 restrictions that require the unit to be affordable to, and reserved line 21 for occupancy by, persons of the same or a lower income group line 22 as the current occupants for a period of at least 55 years. line 23 (ii) The unit is within an “assisted housing development,” as line 24 defined in paragraph (3) of subdivision (a) of Section 65863.10. line 25 (iii) The city or county finds, after a public hearing, that the unit line 26 is eligible, and is reasonably expected, to change from housing line 27 affordable to lower income households to any other use during the line 28 next eight years due to termination of subsidy contracts, mortgage line 29 prepayment, or expiration of restrictions on use. line 30 (iv) The unit is in decent, safe, and sanitary condition at the line 31 time of occupancy.
line 32 (v) At the time the unit is identified for preservation it is line 33 available at affordable cost to persons or families of low- low or line 34 very low income.
line 35 (D) Units in a motel, hotel, or hostel that are converted with line 36 committed assistance from the city or county from nonresidential line 37 to residential by the acquisition of the unit or the purchase of line 38 affordability covenants and restrictions for the unit, are not acquired line 39 by eminent domain, and constitute a net increase in the line 40 community’s stock of housing affordable to low- and very low 95 — 25 — AB 3093
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line 1 income households. For purposes of this subparagraph, a unit is line 2 not converted by acquisition or the purchase of affordability line 3 covenants unless all of the following occur:
line 4 (i) The unit is part of a long-term recovery response to line 5 COVID-19.
line 6 (ii) The unit is made available for people experiencing line 7 homelessness as defined in Section 578.3 of Title 24 of the Code line 8 of Federal Regulations.
line 9 (iii) The unit is made available for rent at a cost affordable to line 10 low- or very low income households.
line 11 (iv) The unit is in decent, safe, and sanitary condition at the line 12 time of occupancy.
line 13 (v) The unit has long-term affordability covenants and line 14 restrictions that require the unit to be affordable to persons of low- line 15 low or very low income for not less than 55 years. line 16 (vi) This subparagraph shall remain in effect only for the sixth line 17 revision of the housing element pursuant to Section 65588. line 18 (E) All spaces in a mobilehome park, as defined in subdivision line 19 (a) of Section 18214 of the Health and Safety Code, that is acquired line 20 with committed assistance from the city or county where any of line 21 the following apply:
line 22 (i) The mobilehome park will be acquired with financing that line 23 includes a loan from the department pursuant to Section 50783 or line 24 50784.5 of the Health and Safety Code.
line 25 (ii) At least 50 percent of the current residents in the line 26 mobilehome park to be acquired are lower-income lower income line 27 households and the entity acquiring the park agrees to enter into line 28 a regulatory agreement for a minimum of 55 years that requires line 29 both of the following:
line 30 (I) All vacant spaces shall be rented at a space rent that does line 31 not exceed 50 percent of maximum rent limits established by the line 32 California Tax Credit Allocation Committee at 60 percent of the line 33 area median income.
line 34 (II) The space rent for existing residents at the time of the line 35 acquisition of the property, both during the 12 months preceding line 36 the acquisition and during the term of the regulatory agreement, line 37 shall not increase more than 5 percent in any 12-month period. line 38 (3) This subdivision does not apply to any city or county that, line 39 during the current or immediately prior planning period, as defined line 40 by Section 65588, has not met any of its share of the regional need 95 AB 3093 — 26 —
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line 1 for affordable housing, as defined in Section 65584, for low- and line 2 very low income households. A city or county shall document for line 3 any housing unit that a building permit has been issued and all line 4 development and permit fees have been paid or the unit is eligible line 5 to be lawfully occupied.
line 6 (4) For purposes of this subdivision, “committed assistance” line 7 means that the city or county enters into a legally enforceable line 8 agreement during the period from the beginning of the projection line 9 period until the end of the third year of the planning period that line 10 obligates sufficient available funds or other in-kind services to line 11 provide the assistance necessary to make the identified units line 12 affordable and that requires that the units be made available for line 13 occupancy within two years of the execution of the agreement. line 14 “Committed assistance” does not include tenant-based rental line 15 assistance.
line 16 (5) For purposes of this subdivision, “net increase” includes line 17 only housing units provided committed assistance pursuant to line 18 subparagraph (A) or (B) of paragraph (2) in the current planning line 19 period, as defined in Section 65588, that were not provided line 20 committed assistance in the immediately prior planning period. line 21 (6) For purposes of this subdivision, “the time the unit is line 22 identified” means the earliest time when any city or county agent, line 23 acting on behalf of a public entity, has proposed in writing or has line 24 proposed orally or in writing to the property owner, that the unit line 25 be considered for substantial rehabilitation, acquisition, or line 26 preservation.
line 27 (7) In the fourth year of the planning period, as defined by line 28 Section 65588, in the report required pursuant to Section 65400, line 29 each city or county that has included in its housing element a line 30 program to provide units pursuant to subparagraph (A), (B), (C), line 31 (D), or (E) of paragraph (2) shall report in writing to the legislative line 32 body, and to the department within 30 days of making its report line 33 to the legislative body, on its progress in providing units pursuant line 34 to this subdivision. The report shall identify the specific units for line 35 which committed assistance has been provided or which have been line 36 made available to lower income households, and it shall adequately line 37 document how each unit complies with this subdivision. If, by the line 38 end of the third year of the planning period, the city or county has line 39 not entered into an enforceable agreement of committed assistance line 40 for all units specified in the programs adopted pursuant to 95 — 27 — AB 3093
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line 1 subparagraph (A), (B), (C), (D), or (E) of paragraph (2), the city line 2 or county shall, not later than the end of the fourth year of the line 3 planning period, adopt an amended housing element in accordance line 4 with Section 65585, identifying additional adequate sites pursuant line 5 to paragraph (1) of subdivision (c) of Section 65583 sufficient to line 6 accommodate the number of units for which committed assistance line 7 was not provided. If a city or county does not amend its housing line 8 element to identify adequate sites to address any shortfall, or fails line 9 to complete the rehabilitation, acquisition, purchase of affordability line 10 covenants, or the preservation of any housing unit within two years line 11 after committed assistance was provided to that unit, it shall be line 12 prohibited from identifying units pursuant to subparagraph (A), line 13 (B), (C), (D), or (E) of paragraph (2) in the housing element that line 14 it adopts for the next planning period, as defined in Section 65588, line 15 above the number of units actually provided or preserved due to line 16 committed assistance.
line 17 (d) A city or county may reduce its share of the regional housing line 18 need by the number of units built between the start of the projection line 19 period and the deadline for adoption of the housing element. If the line 20 city or county reduces its share pursuant to this subdivision, the line 21 city or county shall include in the housing element a description line 22 of the methodology for assigning those housing units to an income line 23 category based on actual or projected sales price, rent levels, or line 24 other mechanisms establishing affordability.
line 25 SEC. 5. Section 65583.2 of the Government Code, as amended line 26 by Section 5 of Chapter 7 of the Statutes of 2024, is amended to line 27 read:
line 28 65583.2. (a) A city’s or county’s inventory of land suitable line 29 for residential development pursuant to paragraph (3) of line 30 subdivision (a) of Section 65583 shall be used to identify sites line 31 throughout the community, consistent with paragraph (10) of line 32 subdivision (c) of Section 65583, that can be developed for housing line 33 within the planning period and that are sufficient to provide for line 34 the jurisdiction’s share of the regional housing need for all income line 35 levels pursuant to Section 65584. As used in this section, “land line 36 suitable for residential development” includes all of the following line 37 sites that meet the standards set forth in subdivisions (c) and (g):
line 38 (1) Vacant sites zoned for residential use.
line 39 (2) Vacant sites zoned for nonresidential use that allows line 40 residential development.
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line 1 (3) Residentially zoned sites that are capable of being developed line 2 at a higher density, including sites owned or leased by a city, line 3 county, or city and county.
line 4 (4) Sites zoned for nonresidential use that can be redeveloped line 5 for residential use, and for which the housing element includes a line 6 program to rezone the site, as necessary, rezoned for, to permit line 7 residential use, including sites owned or leased by a city, county, line 8 or city and county.
line 9 (b) The inventory of land shall include all of the following:
line 10 (1) A listing of properties by assessor parcel number. line 11 (2) The size of each property listed pursuant to paragraph (1), line 12 and the general plan designation and zoning of each property. line 13 (3) For nonvacant sites, a description of the existing use of each line 14 property. If a site subject to this paragraph is owned by the city or line 15 county, the description shall also include whether there are any line 16 plans to dispose of the property during the planning period and line 17 how the city or county will comply with Article 8 (commencing line 18 with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title line 19 5.
line 20 (4) A general description of any environmental constraints to line 21 the development of housing within the jurisdiction, the line 22 documentation for which has been made available to the line 23 jurisdiction. This information need not be identified on a line 24 site-specific basis.
line 25 (5) (A) A description of existing or planned water, sewer, and line 26 other dry utilities supply, including the availability and access to line 27 distribution facilities.
line 28 (B) Parcels included in the inventory must have sufficient water, line 29 sewer, and dry utilities supply available and accessible to support line 30 housing development or be included in an existing general plan line 31 program or other mandatory program or plan, including a program line 32 or plan of a public or private entity providing water or sewer line 33 service, to secure sufficient water, sewer, and dry utilities supply line 34 to support housing development. This paragraph does not impose line 35 any additional duty on the city or county to construct, finance, or line 36 otherwise provide water, sewer, or dry utilities to parcels included line 37 in the inventory.
line 38 (6) Sites identified as available for housing for above line 39 moderate-income households in areas not served by public sewer 95 — 29 — AB 3093
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line 1 systems. This information need not be identified on a site-specific line 2 basis.
line 3 (7) A map that shows the location of the sites included in the line 4 inventory, such as the land use map from the jurisdiction’s general line 5 plan, for reference purposes only.
line 6 (c) Based on the information provided in subdivision (b), a city line 7 or county shall determine whether each site in the inventory can line 8 accommodate the development of some portion of its share of the line 9 regional housing need by income level during the planning period, line 10 as determined pursuant to Section 65584. The inventory shall line 11 specify for each site the number of units that can realistically be line 12 accommodated on that site and whether the site is adequate to line 13 accommodate lower income housing, moderate-income housing, line 14 or above moderate-income housing. A nonvacant site identified line 15 pursuant to paragraph (3) or (4) of subdivision (a) in a prior housing line 16 element and a vacant site that has been included in two or more line 17 consecutive planning periods that was not approved to develop a line 18 portion of the locality’s housing need shall not be deemed adequate line 19 to accommodate a portion of the housing need for lower income line 20 households that must be accommodated in the current housing line 21 element planning period unless the site is zoned at residential line 22 densities consistent with paragraph (3) of this subdivision and the line 23 site is subject to a program in the housing element requiring line 24 rezoning within three years of the beginning of the planning period line 25 to allow residential use by right for housing developments in which line 26 at least 20 percent of the units are affordable to lower income line 27 households. Notwithstanding the foregoing, for a local government line 28 that fails to adopt a housing element that the department has found line 29 to be in substantial compliance with state law within 120 days of line 30 the statutory deadline in Section 65588 for adoption of the housing line 31 element, rezoning pursuant to this subdivision shall be completed line 32 no later than one year from the statutory deadline in Section 65588 line 33 for adoption of the housing element. An unincorporated area in a line 34 nonmetropolitan county pursuant to clause (ii) of subparagraph line 35 (B) of paragraph (3) shall not be subject to the requirements of line 36 this subdivision to allow residential use by right. The analysis shall line 37 determine whether the inventory can provide for a variety of types line 38 of housing, including multifamily rental housing, factory-built line 39 housing, mobilehomes, housing for agricultural employees, line 40 supportive housing, single-room occupancy units, emergency 95 AB 3093 — 30 —
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line 1 shelters, and transitional housing, and whether the inventory line 2 affirmatively furthers fair housing. The city or county shall line 3 determine the number of housing units that can be accommodated line 4 on each site as follows:
line 5 (1) If local law or regulations require the development of a site line 6 at a minimum density, the department shall accept the planning line 7 agency’s calculation of the total housing unit capacity on that site line 8 based on the established minimum density. If the city or county line 9 does not adopt a law or regulation requiring the development of a line 10 site at a minimum density, then it shall demonstrate how the line 11 number of units determined for that site pursuant to this subdivision line 12 will be accommodated.
line 13 (2) The number of units calculated pursuant to paragraph (1) line 14 shall be adjusted as necessary, based on the land use controls and line 15 site improvements requirement identified in paragraph (5) of line 16 subdivision (a) of Section 65583, the realistic development capacity line 17 for the site, typical densities of existing or approved residential line 18 developments at a similar affordability level in that jurisdiction, line 19 and on the current or planned availability and accessibility of line 20 sufficient water, sewer, and dry utilities.
line 21 (A) A site smaller than half an acre shall not be deemed adequate line 22 to accommodate lower income housing need unless the locality line 23 can demonstrate that sites of equivalent size were successfully line 24 developed during the prior planning period for an equivalent line 25 number of lower income housing units as projected for the site or line 26 unless the locality provides other evidence to the department that line 27 the site is adequate to accommodate lower income housing. line 28 (B) A site larger than 10 acres shall not be deemed adequate to line 29 accommodate lower income housing need unless the locality can line 30 demonstrate that sites of equivalent size were successfully line 31 developed during the prior planning period for an equivalent line 32 number of lower income housing units as projected for the site or line 33 unless the locality provides other evidence to the department that line 34 the site can be developed as lower income housing. For purposes line 35 of this subparagraph, “site” means that portion of a parcel or parcels line 36 designated to accommodate lower income housing needs pursuant line 37 to this subdivision.
line 38 (C) A site may be presumed to be realistic for development to line 39 accommodate lower income housing need if, at the time of the line 40 adoption of the housing element, a development affordable to 95 — 31 — AB 3093
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line 1 lower income households has been proposed and approved for line 2 development on the site.
line 3 (3) For the number of units calculated to accommodate its share line 4 of the regional housing need for lower income households pursuant line 5 to paragraph (2), a city or county shall do either of the following:
line 6 (A) Provide an analysis demonstrating how the adopted densities line 7 accommodate this need. The analysis shall include, but is not line 8 limited to, factors such as market demand, financial feasibility, or line 9 information based on development project experience within a line 10 zone or zones that provide housing for lower income households. line 11 (B) The following densities shall be deemed appropriate to line 12 accommodate housing for lower income households:
line 13 (i) For an incorporated city within a nonmetropolitan county line 14 and for a nonmetropolitan county that has a micropolitan area:
line 15 sites allowing at least 15 units per acre.
line 16 (ii) For an unincorporated area in a nonmetropolitan county not line 17 included in clause (i): sites allowing at least 10 units per acre. line 18 (iii) For a suburban jurisdiction: sites allowing at least 20 units line 19 per acre.
line 20 (iv) For a jurisdiction in a metropolitan county: sites allowing line 21 at least 30 units per acre.
line 22 (4) (A) For a metropolitan jurisdiction:
line 23 (i) At least 25 percent of the jurisdiction’s share of the regional line 24 housing need for moderate-income housing shall be allocated to line 25 sites with zoning that allows at least four 4 units of housing, but line 26 not more than 100 units per acre of housing.
line 27 (ii) At least 25 percent of the jurisdiction’s share of the regional line 28 housing need for above moderate-income housing shall be allocated line 29 to sites with zoning that allows at least 4 units of housing. line 30 (B) The allocation of moderate-income and above line 31 moderate-income housing to sites pursuant to this paragraph shall line 32 not be a basis for the jurisdiction to do either of the following:
line 33 (i) Deny a project that does not comply with the allocation. line 34 (ii) Impose a price minimum, price maximum, price control, or line 35 any other exaction or condition of approval in lieu thereof. This line 36 clause does not prohibit a jurisdiction from imposing any price line 37 minimum, price maximum, price control, exaction, or condition line 38 in lieu thereof, pursuant to any other law.
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line 1 (iii) The provisions of this subparagraph do not constitute a line 2 change in, but are declaratory of, existing law with regard to the line 3 allocation of sites pursuant to this section.
line 4 (C) This paragraph does not apply to an unincorporated area. line 5 (D) For purposes of this paragraph:
line 6 (i) “Housing development project” has the same meaning as line 7 defined in paragraph (2) of subdivision (h) of Section 65589.5. line 8 (ii) “Unit of housing” does not include an accessory dwelling line 9 unit or junior accessory dwelling unit that could be approved line 10 pursuant to Article 2 (commencing with Section 66314) or Article line 11 3 (commencing with Section 66333) of Chapter 13 or through a line 12 local ordinance or other provision implementing either of those line 13 sections. This paragraph shall not limit the ability of a local line 14 government to count the actual production of accessory dwelling line 15 units or junior accessory dwelling units in an annual progress report line 16 submitted pursuant to Section 65400 or other progress report as line 17 determined by the department.
line 18 (E) Nothing in this subdivision shall preclude the subdivision line 19 of a parcel, provided that the subdivision is subject to the line 20 Subdivision Map Act (Division 2 (commencing with Section line 21 66410)) or any other applicable law authorizing the subdivision line 22 of land.
line 23 (d) For purposes of this section, a metropolitan county, line 24 nonmetropolitan county, and nonmetropolitan county with a line 25 micropolitan area shall be as determined by the United States line 26 Census Bureau. A nonmetropolitan county with a micropolitan line 27 area includes the following counties: Del Norte, Humboldt, Lake, line 28 Mendocino, Nevada, Tehama, and Tuolumne and other counties line 29 as may be determined by the United States Census Bureau to be line 30 nonmetropolitan counties with micropolitan areas in the future. line 31 (e) (1) Except as provided in paragraph (2), a jurisdiction shall line 32 be considered suburban if the jurisdiction does not meet the line 33 requirements of clauses (i) and (ii) of subparagraph (B) of line 34 paragraph (3) of subdivision (c) and is located in a Metropolitan line 35 Statistical Area (MSA) of less than 2,000,000 in population, unless line 36 that jurisdiction’s population is greater than 100,000, in which line 37 case it shall be considered metropolitan. A county, not including line 38 the City and County of San Francisco, shall be considered suburban line 39 unless the county is in an MSA of 2,000,000 or greater in 95 — 33 — AB 3093
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line 1 population, in which case the county shall be considered line 2 metropolitan.
line 3 (2) (A) (i) Notwithstanding paragraph (1), if a county that is line 4 in the San Francisco-Oakland-Fremont California MSA has a line 5 population of less than 400,000, that county shall be considered line 6 suburban. If this county includes an incorporated city that has a line 7 population of less than 100,000, this city shall also be considered line 8 suburban. This paragraph shall apply to a housing element revision line 9 cycle, as described in subparagraph (A) of paragraph (3) of line 10 subdivision (e) of Section 65588, that is in effect from July 1, line 11 2014, to December 31, 2028, inclusive.
line 12 (ii) A county subject to this subparagraph shall utilize the sum line 13 existing in the county’s housing trust fund as of June 30, 2013, for line 14 the development and preservation of housing affordable to low- and line 15 very low income households.
line 16 (B) A jurisdiction that is classified as suburban pursuant to this line 17 paragraph shall report to the Assembly Committee on Housing line 18 and Community Development, the Senate Committee on Housing, line 19 and the Department of Housing and Community Development line 20 regarding its progress in developing low- and very low income line 21 housing consistent with the requirements of Section 65400. The line 22 report shall be provided three times: once, on or before December line 23 31, 2019, which report shall address the initial four years of the line 24 housing element cycle, a second time, on or before December 31, line 25 2023, which report shall address the subsequent four years of the line 26 housing element cycle, and a third time, on or before December line 27 31, 2027, which report shall address the subsequent four years of line 28 the housing element cycle and the cycle as a whole. The reports line 29 shall be provided consistent with the requirements of Section 9795. line 30 (f) A jurisdiction shall be considered metropolitan if the line 31 jurisdiction does not meet the requirements for “suburban area” line 32 above and is located in an MSA of 2,000,000 or greater in line 33 population, unless that jurisdiction’s population is less than 25,000 line 34 in which case it shall be considered suburban.
line 35 (g) (1) For sites described in paragraph (3) of subdivision (b), line 36 the city or county shall specify the additional development potential line 37 for each site within the planning period and shall provide an line 38 explanation of the methodology used to determine the development line 39 potential. The methodology shall consider factors including the line 40 extent to which existing uses may constitute an impediment to 95 AB 3093 — 34 —
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line 1 additional residential development, the city’s or county’s past line 2 experience with converting existing uses to higher density line 3 residential development, the current market demand for the existing line 4 use, an analysis of any existing leases or other contracts that would line 5 perpetuate the existing use or prevent redevelopment of the site line 6 for additional residential development, development trends, market line 7 conditions, and regulatory or other incentives or standards to line 8 encourage additional residential development on these sites. line 9 (2) In addition to the analysis required in paragraph (1), when line 10 a city or county is relying on nonvacant sites described in paragraph line 11 (3) of subdivision (b) to accommodate 50 percent or more of its line 12 housing need for lower income households, the methodology used line 13 to determine additional development potential shall demonstrate line 14 that the existing use identified pursuant to paragraph (3) of line 15 subdivision (b) does not constitute an impediment to additional line 16 residential development during the period covered by the housing line 17 element. An existing use shall be presumed to impede additional line 18 residential development, absent findings based on substantial line 19 evidence that the use is likely to be discontinued during the line 20 planning period.
line 21 (3) Notwithstanding any other law, and in addition to the line 22 requirements in paragraphs (1) and (2), sites that currently have line 23 residential uses, or within the past five years have had residential line 24 uses that have been vacated or demolished, that are or were subject line 25 to a recorded covenant, ordinance, or law that restricts rents to line 26 levels affordable to persons and families of low or very low line 27 income, subject to any other form of rent or price control through line 28 a public entity’s valid exercise of its police power, or occupied by line 29 low- or very low income households, shall be subject to a policy line 30 requiring the replacement of all those units affordable to the same line 31 or lower income level as a condition of any development on the line 32 site. Replacement requirements shall be consistent with those set line 33 forth in paragraph (3) of subdivision (c) of Section 65915. line 34 (h) (1) The program required by subparagraph (A) of paragraph line 35 (1) of subdivision (c) of Section 65583 shall accommodate 100 line 36 percent of the need for housing for very low and low-income line 37 households allocated pursuant to Section 65584 for which site line 38 capacity has not been identified in the inventory of sites pursuant line 39 to paragraph (3) of subdivision (a) on sites that shall be zoned to line 40 permit owner-occupied and rental multifamily residential use by 95 — 35 — AB 3093
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line 1 right for developments in which at least 20 percent of the units are line 2 affordable to lower income households during the planning period. line 3 (2) For the seventh and subsequent revisions of the housing line 4 element, the program in paragraph (1) shall also accommodate line 5 100 percent of the need for housing for acutely low and extremely line 6 low income households allocated pursuant to Section 65584 for line 7 which site capacity has not been identified in the inventory of sites line 8 pursuant to paragraph (3) of subdivision (a) on sites as described line 9 in paragraph (1).
line 10 (3) These sites shall be zoned with minimum density and line 11 development standards that permit at least 16 units per site at a line 12 density of at least 16 units per acre in jurisdictions described in line 13 clause (i) of subparagraph (B) of paragraph (3) of subdivision (c), line 14 shall be at least 20 units per acre in jurisdictions described in line 15 clauses (iii) and (iv) of subparagraph (B) of paragraph (3) of line 16 subdivision (c) (c), and shall meet the standards set forth in line 17 subparagraph (B) of paragraph (5) of subdivision (b). At least 50 line 18 percent of the acutely low, extremely low, very low, and line 19 low-income housing need, as applicable, shall be accommodated line 20 on sites designated for residential use and for which nonresidential line 21 uses or mixed uses are not permitted, except that a city or county line 22 may accommodate all of the acutely low, extremely low, very low, line 23 and low-income housing need, as applicable, on sites designated line 24 for mixed use if those sites allow 100 percent residential use and line 25 require that residential use occupy 50 percent of the total floor line 26 area of a mixed-use project.
line 27 (i) For purposes of this section and Section 65583, the phrase line 28 “use by right” shall mean that the local government’s review of line 29 the owner-occupied or multifamily residential use may not require line 30 a conditional use permit, planned unit development permit, or other line 31 discretionary local government review or approval that would line 32 constitute a “project” for purposes of Division 13 (commencing line 33 with Section 21000) of the Public Resources Code. Any subdivision line 34 of the sites shall be subject to all laws, including, but not limited line 35 to, the local government ordinance implementing the Subdivision line 36 Map Act. A local ordinance may provide that “use by right” does line 37 not exempt the use from design review. However, that design line 38 review shall not constitute a “project” for purposes of Division 13 line 39 (commencing with Section 21000) of the Public Resources Code. 95 AB 3093 — 36 —
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line 1 Use by right for all rental multifamily residential housing shall be line 2 provided in accordance with subdivision (f) of Section 65589.5. line 3 (j) Notwithstanding any other provision of this section, within line 4 one-half mile of a Sonoma-Marin Area Rail Transit station, housing line 5 density requirements in place on June 30, 2014, shall apply. line 6 (k) For purposes of subdivisions (a) and (b), the department line 7 shall provide guidance to local governments to properly survey, line 8 detail, and account for sites listed pursuant to Section 65585. line 9 (l) (1) The changes to this section made by Chapter 193 of the line 10 Statutes of 2020 shall become operative on January 1, 2022. line 11 (2) The changes to this section made by Chapter 193 of the line 12 Statutes of 2020 shall not apply to a housing element revision that line 13 is originally due on or before January 1, 2022, regardless of the line 14 date of adoption by the local agency.
line 15 (m) This section shall remain in effect only until December 31, line 16 2028, and as of that date is repealed.
line 17 SEC. 6. Section 65583.2 of the Government Code, as amended line 18 by Section 6 of Chapter 7 of the Statutes of 2024, is amended to line 19 read:
line 20 65583.2. (a) A city’s or county’s inventory of land suitable line 21 for residential development pursuant to paragraph (3) of line 22 subdivision (a) of Section 65583 shall be used to identify sites line 23 throughout the community, consistent with paragraph (10) of line 24 subdivision (c) of Section 65583, that can be developed for housing line 25 within the planning period and that are sufficient to provide for line 26 the jurisdiction’s share of the regional housing need for all income line 27 levels pursuant to Section 65584. As used in this section, “land line 28 suitable for residential development” includes all of the following line 29 sites that meet the standards set forth in subdivisions (c) and (g):
line 30 (1) Vacant sites zoned for residential use.
line 31 (2) Vacant sites zoned for nonresidential use that allows line 32 residential development.
line 33 (3) Residentially zoned sites that are capable of being developed line 34 at a higher density, and sites owned or leased by a city, county, or line 35 city and county.
line 36 (4) Sites zoned for nonresidential use that can be redeveloped line 37 for residential use, and for which the housing element includes a line 38 program to rezone the site, as necessary, to permit residential use, line 39 including sites owned or leased by a city, county, or city and line 40 county.
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line 1 (b) The inventory of land shall include all of the following:
line 2 (1) A listing of properties by assessor parcel number. line 3 (2) The size of each property listed pursuant to paragraph (1), line 4 and the general plan designation and zoning of each property. line 5 (3) For nonvacant sites, a description of the existing use of each line 6 property. If a site subject to this paragraph is owned by the city or line 7 county, the description shall also include whether there are any line 8 plans to dispose of the property during the planning period and line 9 how the city or county will comply with Article 8 (commencing line 10 with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title line 11 5.
line 12 (4) A general description of any environmental constraints to line 13 the development of housing within the jurisdiction, the line 14 documentation for which has been made available to the line 15 jurisdiction. This information need not be identified on a line 16 site-specific basis.
line 17 (5) (A) A description of existing or planned water, sewer, and line 18 other dry utilities supply, including the availability and access to line 19 distribution facilities.
line 20 (B) Parcels included in the inventory must have sufficient water, line 21 sewer, and dry utilities supply available and accessible to support line 22 housing development or be included in an existing general plan line 23 program or other mandatory program or plan, including a program line 24 or plan of a public or private entity providing water or sewer line 25 service, to secure sufficient water, sewer, and dry utilities supply line 26 to support housing development. This paragraph does not impose line 27 any additional duty on the city or county to construct, finance, or line 28 otherwise provide water, sewer, or dry utilities to parcels included line 29 in the inventory.
line 30 (6) Sites identified as available for housing for above line 31 moderate-income households in areas not served by public sewer line 32 systems. This information need not be identified on a site-specific line 33 basis.
line 34 (7) A map that shows the location of the sites included in the line 35 inventory, such as the land use map from the jurisdiction’s general line 36 plan for reference purposes only.
line 37 (c) Based on the information provided in subdivision (b), a city line 38 or county shall determine whether each site in the inventory can line 39 accommodate the development of some portion of its share of the line 40 regional housing need by income level during the planning period, 95 AB 3093 — 38 —
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line 1 as determined pursuant to Section 65584. The inventory shall line 2 specify for each site the number of units that can realistically be line 3 accommodated on that site and whether the site is adequate to line 4 accommodate lower income housing, moderate-income housing, line 5 or above moderate-income housing. A nonvacant site identified line 6 pursuant to paragraph (3) or (4) of subdivision (a) in a prior housing line 7 element and a vacant site that has been included in two or more line 8 consecutive planning periods that was not approved to develop a line 9 portion of the locality’s housing need shall not be deemed adequate line 10 to accommodate a portion of the housing need for lower income line 11 households that must be accommodated in the current housing line 12 element planning period unless the site is zoned at residential line 13 densities consistent with paragraph (3) of this subdivision and the line 14 site is subject to a program in the housing element requiring line 15 rezoning within three years of the beginning of the planning period line 16 to allow residential use by right for housing developments in which line 17 at least 20 percent of the units are affordable to lower income line 18 households. Notwithstanding the foregoing, for a local government line 19 that fails to adopt a housing element that the department has found line 20 to be in substantial compliance with state law within 120 days of line 21 the statutory deadline in Section 65588 for adoption of the housing line 22 element, rezoning pursuant to this subdivision shall be completed line 23 no later than one year from the statutory deadline in Section 65588 line 24 for adoption of the housing element. An unincorporated area in a line 25 nonmetropolitan county pursuant to clause (ii) of subparagraph line 26 (B) of paragraph (3) shall not be subject to the requirements of line 27 this subdivision to allow residential use by right. The analysis shall line 28 determine whether the inventory can provide for a variety of types line 29 of housing, including multifamily rental housing, factory-built line 30 housing, mobilehomes, housing for agricultural employees, line 31 supportive housing, single-room occupancy units, emergency line 32 shelters, and transitional housing, and whether the inventory line 33 affirmatively furthers fair housing. The city or county shall line 34 determine the number of housing units that can be accommodated line 35 on each site as follows:
line 36 (1) If local law or regulations require the development of a site line 37 at a minimum density, the department shall accept the planning line 38 agency’s calculation of the total housing unit capacity on that site line 39 based on the established minimum density. If the city or county line 40 does not adopt a law or regulation requiring the development of a 95 — 39 — AB 3093
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line 1 site at a minimum density, then it shall demonstrate how the line 2 number of units determined for that site pursuant to this subdivision line 3 will be accommodated.
line 4 (2) The number of units calculated pursuant to paragraph (1) line 5 shall be adjusted as necessary, based on the land use controls and line 6 site improvements requirement identified in paragraph (5) of line 7 subdivision (a) of Section 65583, the realistic development capacity line 8 for the site, typical densities of existing or approved residential line 9 developments at a similar affordability level in that jurisdiction, line 10 and on the current or planned availability and accessibility of line 11 sufficient water, sewer, and dry utilities.
line 12 (A) A site smaller than half an acre shall not be deemed adequate line 13 to accommodate lower income housing need unless the locality line 14 can demonstrate that sites of equivalent size were successfully line 15 developed during the prior planning period for an equivalent line 16 number of lower income housing units as projected for the site or line 17 unless the locality provides other evidence to the department that line 18 the site is adequate to accommodate lower income housing. line 19 (B) A site larger than 10 acres shall not be deemed adequate to line 20 accommodate lower income housing need unless the locality can line 21 demonstrate that sites of equivalent size were successfully line 22 developed during the prior planning period for an equivalent line 23 number of lower income housing units as projected for the site or line 24 unless the locality provides other evidence to the department that line 25 the site can be developed as lower income housing. For purposes line 26 of this subparagraph, “site” means that portion of a parcel or parcels line 27 designated to accommodate lower income housing needs pursuant line 28 to this subdivision.
line 29 (C) A site may be presumed to be realistic for development to line 30 accommodate lower income housing need if, at the time of the line 31 adoption of the housing element, a development affordable to line 32 lower income households has been proposed and approved for line 33 development on the site.
line 34 (3) For the number of units calculated to accommodate its share line 35 of the regional housing need for lower income households pursuant line 36 to paragraph (2), a city or county shall do either of the following:
line 37 (A) Provide an analysis demonstrating how the adopted densities line 38 accommodate this need. The analysis shall include, but is not line 39 limited to, factors such as market demand, financial feasibility, or 95 AB 3093 — 40 —
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line 1 information based on development project experience within a line 2 zone or zones that provide housing for lower income households. line 3 (B) The following densities shall be deemed appropriate to line 4 accommodate housing for lower income households:
line 5 (i) For an incorporated city within a nonmetropolitan county line 6 and for a nonmetropolitan county that has a micropolitan area:
line 7 sites allowing at least 15 units per acre.
line 8 (ii) For an unincorporated area in a nonmetropolitan county not line 9 included in clause (i): sites allowing at least 10 units per acre. line 10 (iii) For a suburban jurisdiction: sites allowing at least 20 units line 11 per acre.
line 12 (iv) For a jurisdiction in a metropolitan county: sites allowing line 13 at least 30 units per acre.
line 14 (4) (A) For a metropolitan jurisdiction:
line 15 (i) At least 25 percent of the jurisdiction’s share of the regional line 16 housing need for moderate-income housing shall be allocated to line 17 sites with zoning that allows at least 4 units of housing, but not line 18 more than 100 units per acre of housing.
line 19 (ii) At least 25 percent of the jurisdiction’s share of the regional line 20 housing need for above moderate-income housing shall be allocated line 21 to sites with zoning that allows at least 4 units of housing. line 22 (B) The allocation of moderate-income and above line 23 moderate-income housing to sites pursuant to this paragraph shall line 24 not be a basis for the jurisdiction to do either of the following:
line 25 (i) Deny a project that does not comply with the allocation. line 26 (ii) Impose a price minimum, price maximum, price control, or line 27 any other exaction or condition of approval in lieu thereof. This line 28 clause does not prohibit a jurisdiction from imposing any price line 29 minimum, price maximum, price control, exaction, or condition line 30 in lieu thereof, pursuant to any other law.
line 31 (iii) The provisions of this subparagraph do not constitute a line 32 change in, but are declaratory of, existing law with regard to the line 33 allocation of sites pursuant to this section.
line 34 (C) This paragraph does not apply to an unincorporated area. line 35 (D) For purposes of this paragraph:
line 36 (i) “Housing development project” has the same meaning as line 37 defined in paragraph (2) of subdivision (h) of Section 65589.5. line 38 (ii) “Unit of housing” does not include an accessory dwelling line 39 unit or junior accessory dwelling unit that could be approved line 40 pursuant to Article 2 (commencing with Section 66314) or Article 95 — 41 — AB 3093
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line 1 3 (commencing with Section 66333) of Chapter 13 or through a line 2 local ordinance or other provision implementing either of those line 3 sections. This paragraph shall not limit the ability of a local line 4 government to count the actual production of accessory dwelling line 5 units or junior accessory dwelling units in an annual progress report line 6 submitted pursuant to Section 65400 or other progress report as line 7 determined by the department.
line 8 (E) Nothing in this subdivision shall preclude the subdivision line 9 of a parcel, provided that the subdivision is subject to the line 10 Subdivision Map Act (Division 2 (commencing with Section line 11 66410)) or any other applicable law authorizing the subdivision line 12 of land.
line 13 (d) For purposes of this section, a metropolitan county, line 14 nonmetropolitan county, and nonmetropolitan county with a line 15 micropolitan area shall be as determined by the United States line 16 Census Bureau. A nonmetropolitan county with a micropolitan line 17 area includes the following counties: Del Norte, Humboldt, Lake, line 18 Mendocino, Nevada, Tehama, and Tuolumne and other counties line 19 as may be determined by the United States Census Bureau to be line 20 nonmetropolitan counties with micropolitan areas in the future. line 21 (e) A jurisdiction shall be considered suburban if the jurisdiction line 22 does not meet the requirements of clauses (i) and (ii) of line 23 subparagraph (B) of paragraph (3) of subdivision (c) and is located line 24 in a Metropolitan Statistical Area (MSA) of less than 2,000,000 line 25 in population, unless that jurisdiction’s population is greater than line 26 100,000, in which case it shall be considered metropolitan. A line 27 county, not including the City and County of San Francisco, shall line 28 be considered suburban unless the county is in an MSA of line 29 2,000,000 or greater in population in which case the county shall line 30 be considered metropolitan.
line 31 (f) A jurisdiction shall be considered metropolitan if the line 32 jurisdiction does not meet the requirements for “suburban area” line 33 above and is located in an MSA of 2,000,000 or greater in line 34 population, unless that jurisdiction’s population is less than 25,000 line 35 in which case it shall be considered suburban.
line 36 (g) (1) For sites described in paragraph (3) of subdivision (b), line 37 the city or county shall specify the additional development potential line 38 for each site within the planning period and shall provide an line 39 explanation of the methodology used to determine the development line 40 potential. The methodology shall consider factors including the 95 AB 3093 — 42 —
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line 1 extent to which existing uses may constitute an impediment to line 2 additional residential development, the city’s or county’s past line 3 experience with converting existing uses to higher density line 4 residential development, the current market demand for the existing line 5 use, an analysis of any existing leases or other contracts that would line 6 perpetuate the existing use or prevent redevelopment of the site line 7 for additional residential development, development trends, market line 8 conditions, and regulatory or other incentives or standards to line 9 encourage additional residential development on these sites. line 10 (2) In addition to the analysis required in paragraph (1), when line 11 a city or county is relying on nonvacant sites described in paragraph line 12 (3) of subdivision (b) to accommodate 50 percent or more of its line 13 housing need for lower income households, the methodology used line 14 to determine additional development potential shall demonstrate line 15 that the existing use identified pursuant to paragraph (3) of line 16 subdivision (b) does not constitute an impediment to additional line 17 residential development during the period covered by the housing line 18 element. An existing use shall be presumed to impede additional line 19 residential development, absent findings based on substantial line 20 evidence that the use is likely to be discontinued during the line 21 planning period.
line 22 (3) Notwithstanding any other law, and in addition to the line 23 requirements in paragraphs (1) and (2), sites that currently have line 24 residential uses, or within the past five years have had residential line 25 uses that have been vacated or demolished, that are or were subject line 26 to a recorded covenant, ordinance, or law that restricts rents to line 27 levels affordable to persons and families of low or very low line 28 income, subject to any other form of rent or price control through line 29 a public entity’s valid exercise of its police power, or occupied by line 30 low- or very low income households, shall be subject to a policy line 31 requiring the replacement of all those units affordable to the same line 32 or lower income level as a condition of any development on the line 33 site. Replacement requirements shall be consistent with those set line 34 forth in paragraph (3) of subdivision (c) of Section 65915. line 35 (h) (1) The program required by subparagraph (A) of paragraph line 36 (1) of subdivision (c) of Section 65583 shall accommodate 100 line 37 percent of the need for housing for very low and low-income line 38 households allocated pursuant to Section 65584 for which site line 39 capacity has not been identified in the inventory of sites pursuant line 40 to paragraph (3) of subdivision (a) on sites that shall be zoned to 95 — 43 — AB 3093
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line 1 permit owner-occupied and rental multifamily residential use by line 2 right for developments in which at least 20 percent of the units are line 3 affordable to lower income households during the planning period. line 4 (2) For the seventh and subsequent revisions of the housing line 5 element, the program in paragraph (1) shall also accommodate line 6 100 percent of the need for housing for acutely low and extremely line 7 low income households allocated pursuant to Section 65584 for line 8 which site capacity has not been identified in the inventory of sites line 9 pursuant to paragraph (3) of subdivision (a) on sites as described line 10 in paragraph (1).
line 11 (3) These sites shall be zoned with minimum density and line 12 development standards that permit at least 16 units per site at a line 13 density of at least 16 units per acre in jurisdictions described in line 14 clause (i) of subparagraph (B) of paragraph (3) of subdivision (c), line 15 shall be at least 20 units per acre in jurisdictions described in line 16 clauses (iii) and (iv) of subparagraph (B) of paragraph (3) of line 17 subdivision (c), and shall meet the standards set forth in line 18 subparagraph (B) of paragraph (5) of subdivision (b). At least 50 line 19 percent of the acutely low, extremely low, very low, and line 20 low-income housing need, as applicable, shall be accommodated line 21 on sites designated for residential use and for which nonresidential line 22 uses or mixed uses are not permitted, except that a city or county line 23 may accommodate all of the acutely low, extremely low, very low, line 24 and low-income housing need, as applicable, on sites designated line 25 for mixed use if those sites allow 100 percent residential use and line 26 require that residential use occupy 50 percent of the total floor line 27 area of a mixed-use project.
line 28 (i) For purposes of this section and Section 65583, the phrase line 29 “use by right” shall mean that the local government’s review of line 30 the owner-occupied or multifamily residential use may not require line 31 a conditional use permit, planned unit development permit, or other line 32 discretionary local government review or approval that would line 33 constitute a “project” for purposes of Division 13 (commencing line 34 with Section 21000) of the Public Resources Code. Any subdivision line 35 of the sites shall be subject to all laws, including, but not limited line 36 to, the local government ordinance implementing the Subdivision line 37 Map Act. A local ordinance may provide that “use by right” does line 38 not exempt the use from design review. However, that design line 39 review shall not constitute a “project” for purposes of Division 13 line 40 (commencing with Section 21000) of the Public Resources Code. 95 AB 3093 — 44 —
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line 1 Use by right for all rental multifamily residential housing shall be line 2 provided in accordance with subdivision (f) of Section 65589.5. line 3 (j) For purposes of subdivisions (a) and (b), the department shall line 4 provide guidance to local governments to properly survey, detail, line 5 and account for sites listed pursuant to Section 65585. line 6 (k) This section shall become operative on December 31, 2028. line 7 SEC. 7. Section 65584 of the Government Code is amended line 8 to read:
line 9 65584. (a) (1) For the fourth and subsequent revisions of the line 10 housing element pursuant to Section 65588, the department shall line 11 determine the existing and projected need for housing for each line 12 region pursuant to this article. For purposes of subdivision (a) of line 13 Section 65583, the share of a city or county of the regional housing line 14 need shall include that share of the housing need of persons at all line 15 income levels within the area significantly affected by the general line 16 plan of the city or county.
line 17 (2) It is the intent of the Legislature that cities, counties, and line 18 cities and counties should undertake all necessary actions to line 19 encourage, promote, and facilitate the development of housing to line 20 accommodate the entire regional housing need, and reasonable line 21 actions should be taken by local and regional governments to line 22 ensure that future housing production meets, at a minimum, the line 23 regional housing need established for planning purposes. These line 24 actions shall include applicable reforms and incentives in Section line 25 65582.1.
line 26 (3) The Legislature finds and declares that insufficient housing line 27 in job centers hinders the state’s environmental quality and runs line 28 counter to the state’s environmental goals. In particular, when line 29 Californians seeking affordable housing are forced to drive longer line 30 distances to work, an increased amount of greenhouse gases and line 31 other pollutants are released and puts in jeopardy the achievement line 32 of the state’s climate goals, as established pursuant to Section line 33 38566 of the Health and Safety Code, and clean air goals. line 34 (b) The department, in consultation with each council of line 35 governments, shall determine each region’s existing and projected line 36 housing need pursuant to Section 65584.01 at least two years prior line 37 to the scheduled revision required pursuant to Section 65588. The line 38 appropriate council of governments, or for cities and counties line 39 without a council of governments, the department, shall adopt a line 40 final regional housing need plan that allocates a share of the 95 — 45 — AB 3093
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line 1 regional housing need to each city, county, or city and county at line 2 least one year prior to the scheduled revision for the region required line 3 by Section 65588. The allocation plan prepared by a council of line 4 governments shall be prepared pursuant to Sections 65584.04 and line 5 65584.05.
line 6 (c) Notwithstanding any other provision of law, the due dates line 7 for the determinations of the department or for the council of line 8 governments, respectively, regarding the regional housing need line 9 may be extended by the department by not more than 60 days if line 10 the extension will enable access to more recent critical population line 11 or housing data from a pending or recent release of the United line 12 States Census Bureau or the Department of Finance. If the due line 13 date for the determination of the department or the council of line 14 governments is extended for this reason, the department shall line 15 extend the corresponding housing element revision deadline line 16 pursuant to Section 65588 by not more than 60 days. line 17 (d) The regional housing needs allocation plan shall further all line 18 of the following objectives:
line 19 (1) Increasing the housing supply and the mix of housing types, line 20 tenure, and affordability in all cities and counties within the region line 21 in an equitable manner, which shall result in each jurisdiction line 22 receiving an allocation of units for low- and very low income line 23 households.
line 24 (2) Promoting infill development and socioeconomic equity, line 25 the protection of environmental and agricultural resources, the line 26 encouragement of efficient development patterns, and the line 27 achievement of the region’s greenhouse gas reductions targets line 28 provided by the State Air Resources Board pursuant to Section line 29 65080.
line 30 (3) Promoting an improved intraregional relationship between line 31 jobs and housing, including an improved balance between the line 32 number of low-wage jobs and the number of housing units line 33 affordable to low-wage workers in each jurisdiction. line 34 (4) Allocating a lower proportion of housing need to an income line 35 category when a jurisdiction already has a disproportionately high line 36 share of households in that income category, as compared to the line 37 countywide distribution of households in that category from the line 38 most recent American Community Survey.
line 39 (5) Affirmatively furthering fair housing.
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line 1 (e) For purposes of this section, “affirmatively furthering fair line 2 housing” means taking meaningful actions, in addition to line 3 combating discrimination, that overcome patterns of segregation line 4 and foster inclusive communities free from barriers that restrict line 5 access to opportunity based on protected characteristics. line 6 Specifically, affirmatively furthering fair housing means taking line 7 meaningful actions that, taken together, address significant line 8 disparities in housing needs and in access to opportunity, replacing line 9 segregated living patterns with truly integrated and balanced living line 10 patterns, transforming racially and ethnically concentrated areas line 11 of poverty into areas of opportunity, and fostering and maintaining line 12 compliance with civil rights and fair housing laws. line 13 (f) (1) Subject to paragraph (2), for purposes of this section line 14 with respect to revisions of the housing element through the sixth line 15 revision, “household income levels” are as determined by the line 16 department pursuant to the following code sections:
line 17 (A) Very low incomes, as defined by Section 50105 of the line 18 Health and Safety Code.
line 19 (B) Lower incomes, as defined by Section 50079.5 of the Health line 20 and Safety Code.
line 21 (C) Moderate incomes, as defined by Section 50093 of the line 22 Health and Safety Code.
line 23 (D) Above moderate incomes are those exceeding the line 24 moderate-income level of Section 50093 of the Health and Safety line 25 Code.
line 26 (2) For purposes of this section with respect to the seventh and line 27 subsequent revisions of the housing element, “household income line 28 levels” are as determined by the department in accordance with line 29 the definitions of acutely low, extremely low, very low, low, line 30 moderate, and above moderate income in Section 65582. line 31 (g) Notwithstanding any other provision of law, determinations line 32 made by the department, a council of governments, or a city or line 33 county pursuant to this section or Section 65584.01, 65584.02, line 34 65584.03, 65584.04, 65584.05, 65584.06, 65584.07, or 65584.08 line 35 are exempt from the California Environmental Quality Act line 36 (Division 13 (commencing with Section 21000) of the Public line 37 Resources Code).
line 38 SEC. 8. Section 65584.01 of the Government Code is amended line 39 to read:
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line 1 65584.01. For the fourth and subsequent revision of the housing line 2 element pursuant to Section 65588, the department, in consultation line 3 with each council of governments, where applicable, shall line 4 determine the existing and projected need for housing for each line 5 region in the following manner:
line 6 (a) The department’s determination shall be based upon line 7 population projections produced by the Department of Finance line 8 and regional population forecasts used in preparing regional line 9 transportation plans, in consultation with each council of line 10 governments. If the total regional population forecast for the line 11 projection year, developed by the council of governments and used line 12 for the preparation of the regional transportation plan, is within a line 13 range of 1.5 percent of the total regional population forecast for line 14 the projection year by the Department of Finance, then the line 15 population forecast developed by the council of governments shall line 16 be the basis from which the department determines the existing line 17 and projected need for housing in the region. If the difference line 18 between the total population projected by the council of line 19 governments and the total population projected for the region by line 20 the Department of Finance is greater than 1.5 percent, then the line 21 department and the council of governments shall meet to discuss line 22 variances in methodology used for population projections and seek line 23 agreement on a population projection for the region to be used as line 24 a basis for determining the existing and projected housing need line 25 for the region. If agreement is not reached, then the population line 26 projection for the region shall be the population projection for the line 27 region prepared by the Department of Finance as may be modified line 28 by the department as a result of discussions with the council of line 29 governments.
line 30 (b) (1) At least 26 months prior to the scheduled revision line 31 pursuant to Section 65588 and prior to developing the existing and line 32 projected housing need for a region, the department shall meet and line 33 consult with the council of governments regarding the assumptions line 34 and methodology to be used by the department to determine the line 35 region’s housing needs. The council of governments shall provide line 36 data assumptions from the council’s projections, including, if line 37 available, the following data for the region:
line 38 (A) Anticipated household growth associated with projected line 39 population increases.
line 40 (B) Household size data and trends in household size. 95 AB 3093 — 48 —
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line 1 (C) The percentage of households that are overcrowded and the line 2 overcrowding rate for a comparable housing market. For purposes line 3 of this subparagraph:
line 4 (i) The term “overcrowded” means more than one resident per line 5 room in each room in a dwelling.
line 6 (ii) The term “overcrowded rate for a comparable housing line 7 market” means that the overcrowding rate is no more than the line 8 average overcrowding rate in comparable regions throughout the line 9 nation, as determined by the council of governments. line 10 (D) The rate of household formation, or headship rates, based line 11 on age, gender, ethnicity, or other established demographic line 12 measures.
line 13 (E) The vacancy rates in existing housing stock, and the vacancy line 14 rates for healthy housing market functioning and regional mobility, line 15 as well as housing replacement needs. For purposes of this line 16 subparagraph, the vacancy rate for a healthy rental housing market line 17 shall be considered no less than 5 percent.
line 18 (F) Other characteristics of the composition of the projected line 19 population.
line 20 (G) The relationship between jobs and housing, including any line 21 imbalance between jobs and housing.
line 22 (H) The percentage of households that are cost burdened and line 23 the rate of housing cost burden for a healthy housing market. For line 24 the purposes of this subparagraph:
line 25 (i) The term “cost burdened” means the share of very low, low-, line 26 moderate-, and above moderate-income households that are paying line 27 more than 30 percent of household income on housing costs. line 28 (ii) The term “rate of housing cost burden for a healthy housing line 29 market” means that the rate of households that are cost burdened line 30 is no more than the average rate of households that are cost line 31 burdened in comparable regions throughout the nation, as line 32 determined by the council of governments.
line 33 (I) The loss of units during a state of emergency that was line 34 declared by the Governor pursuant to the California Emergency line 35 Services Act (Chapter 7 (commencing with Section 8550) of line 36 Division 1 of Title 2), during the planning period immediately line 37 preceding the relevant revision pursuant to Section 65588 that line 38 have yet to be rebuilt or replaced at the time of the data request. line 39 (J) The housing needs of individuals and families experiencing line 40 homelessness.
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line 1 (i) The data utilized by the council of governments shall align line 2 with homelessness data best practices as determined by the line 3 department.
line 4 (ii) Sources of homelessness data may include the Homeless line 5 Data Integration System administered by the Interagency Council line 6 on Homelessness, the homeless point-in-time count, or other line 7 sources deemed appropriate by the department.
line 8 (2) The department may accept or reject the information line 9 provided by the council of governments or modify its own line 10 assumptions or methodology based on this information. After line 11 consultation with the council of governments, the department shall line 12 make determinations in writing on the assumptions for each of the line 13 factors listed in subparagraphs (A) to (I), inclusive, of paragraph line 14 (1) and the methodology it shall use and shall provide these line 15 determinations to the council of governments. The methodology line 16 submitted by the department may make adjustments based on the line 17 region’s total projected households, which includes existing line 18 households as well as projected households.
line 19 (c) (1) After consultation with the council of governments, the line 20 department shall make a determination of the region’s existing line 21 and projected housing need based upon the assumptions and line 22 methodology determined pursuant to subdivision (b). The region’s line 23 existing and projected housing need shall reflect the achievement line 24 of a feasible balance between jobs and housing within the region line 25 using the regional employment projections in the applicable line 26 regional transportation plan. Within 30 days following notice of line 27 the determination from the department, the council of governments line 28 may file an objection to the department’s determination of the line 29 region’s existing and projected housing need with the department. line 30 (2) The objection shall be based on and substantiate either of line 31 the following:
line 32 (A) The department failed to base its determination on the line 33 population projection for the region established pursuant to line 34 subdivision (a), and shall identify the population projection which line 35 the council of governments believes should instead be used for the line 36 determination and explain the basis for its rationale. line 37 (B) The regional housing need determined by the department line 38 is not a reasonable application of the methodology and assumptions line 39 determined pursuant to subdivision (b). The objection shall include line 40 a proposed alternative determination of its regional housing need 95 AB 3093 — 50 —
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line 1 based upon the determinations made in subdivision (b), including line 2 analysis of why the proposed alternative would be a more line 3 reasonable application of the methodology and assumptions line 4 determined pursuant to subdivision (b).
line 5 (3) If a council of governments files an objection pursuant to line 6 this subdivision and includes with the objection a proposed line 7 alternative determination of its regional housing need, it shall also line 8 include documentation of its basis for the alternative determination. line 9 Within 45 days of receiving an objection filed pursuant to this line 10 section, the department shall consider the objection and make a line 11 final written determination of the region’s existing and projected line 12 housing need that includes an explanation of the information upon line 13 which the determination was made.
line 14 (d) Statutory changes enacted after the date the department line 15 issued a final determination pursuant to this section shall not be a line 16 basis for a revision of the final determination. line 17 SEC. 9. Section 65584.04 of the Government Code, as added line 18 by Section 3 of Chapter 948 of the Statutes of 2022, is amended line 19 to read:
line 20 65584.04. (a) At least two years before a scheduled revision line 21 required by Section 65588, each council of governments, or line 22 delegate subregion as applicable, shall develop, in consultation line 23 with the department, a proposed methodology for distributing the line 24 existing and projected regional housing need to cities, counties, line 25 and cities and counties within the region or within the subregion, line 26 where applicable pursuant to this section. The methodology shall line 27 further the objectives listed in subdivision (d) of Section 65584. line 28 (b) (1) No more than six months before the development of a line 29 proposed methodology for distributing the existing and projected line 30 housing need, each council of governments shall survey each of line 31 its member jurisdictions to request, at a minimum, information line 32 regarding the factors listed in subdivision (e) that will allow the line 33 development of a methodology based upon the factors established line 34 in subdivision (e).
line 35 (2) With respect to the objective in paragraph (5) of subdivision line 36 (d) of Section 65584, the survey shall review and compile line 37 information that will allow the development of a methodology line 38 based upon the issues, strategies, and actions that are included, as line 39 available, in an Analysis of Impediments to Fair Housing Choice line 40 or an Assessment of Fair Housing completed by any city or county 95 — 51 — AB 3093
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line 1 or the department that covers communities within the area served line 2 by the council of governments, and in housing elements adopted line 3 pursuant to this article by cities and counties within the area served line 4 by the council of governments.
line 5 (3) The council of governments shall seek to obtain the line 6 information in a manner and format that is comparable throughout line 7 the region and utilize readily available data to the extent possible. line 8 (4) The information provided by a local government pursuant line 9 to this section shall be used, to the extent possible, by the council line 10 of governments, or delegate subregion as applicable, as source line 11 information for the methodology developed pursuant to this section. line 12 The survey shall state that none of the information received may line 13 be used as a basis for reducing the total housing need established line 14 for the region pursuant to Section 65584.01.
line 15 (5) If the council of governments fails to conduct a survey line 16 pursuant to this subdivision, a city, county, or city and county may line 17 submit information related to the items listed in subdivision (e) line 18 before the public comment period provided for in subdivision (d). line 19 (c) The council of governments shall electronically report the line 20 results of the survey of fair housing issues, strategies, and actions line 21 compiled pursuant to paragraph (2) of subdivision (b). The report line 22 shall describe common themes and effective strategies employed line 23 by cities and counties within the area served by the council of line 24 governments, including common themes and effective strategies line 25 around avoiding the displacement of lower income households. line 26 The council of governments shall also identify significant barriers line 27 to affirmatively furthering fair housing at the regional level and line 28 may recommend strategies or actions to overcome those barriers. line 29 A council of governments or metropolitan planning organization, line 30 as appropriate, may use this information for any other purpose, line 31 including publication within a regional transportation plan adopted line 32 pursuant to Section 65080 or to inform the land use assumptions line 33 that are applied in the development of a regional transportation line 34 plan.
line 35 (d) Public participation and access shall be required in the line 36 development of the methodology and in the process of drafting line 37 and adoption of the allocation of the regional housing needs. line 38 Participation by organizations other than local jurisdictions and line 39 councils of governments shall be solicited in a diligent effort to line 40 achieve public participation of all economic segments of the 95 AB 3093 — 52 —
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line 1 community as well as members of protected classes under Section line 2 12955. The proposed methodology, along with any relevant line 3 underlying data and assumptions, an explanation of how line 4 information about local government conditions gathered pursuant line 5 to subdivision (b) has been used to develop the proposed line 6 methodology, how each of the factors listed in subdivision (e) is line 7 incorporated into the methodology, and how the proposed line 8 methodology furthers the objectives listed in subdivision (d) of line 9 Section 65584, shall be distributed to all cities, counties, any line 10 subregions, and members of the public who have made a written line 11 or electronic request for the proposed methodology and published line 12 on the council of governments’, or delegate subregion’s, internet line 13 website. The council of governments, or delegate subregion, as line 14 applicable, shall conduct at least one public hearing to receive oral line 15 and written comments on the proposed methodology. line 16 (e) To the extent that sufficient data is available from local line 17 governments pursuant to subdivision (b) or other sources, each line 18 council of governments, or delegate subregion as applicable, shall line 19 consider including the following factors in developing the line 20 methodology that allocates regional housing needs:
line 21 (1) Each member jurisdiction’s existing and projected jobs and line 22 housing relationship. This shall include an estimate based on line 23 readily available data on the number of low-wage jobs within the line 24 jurisdiction and how many housing units within the jurisdiction line 25 are affordable to low-wage workers as well as an estimate based line 26 on readily available data, of projected job growth and projected line 27 household growth by income level within each member jurisdiction line 28 during the planning period.
line 29 (2) The opportunities and constraints to development of line 30 additional housing in each member jurisdiction, including all of line 31 the following:
line 32 (A) Lack of capacity for sewer or water service due to federal line 33 or state laws, regulations or regulatory actions, or supply and line 34 distribution decisions made by a sewer or water service provider line 35 other than the local jurisdiction that preclude the jurisdiction from line 36 providing necessary infrastructure for additional development line 37 during the planning period.
line 38 (B) The availability of land suitable for urban development or line 39 for conversion to residential use, the availability of underutilized line 40 land, and opportunities for infill development and increased 95 — 53 — AB 3093
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line 1 residential densities. The council of governments may not limit line 2 its consideration of suitable housing sites or land suitable for urban line 3 development to existing zoning ordinances and land use restrictions line 4 of a locality, but shall consider the potential for increased line 5 residential development under alternative zoning ordinances and line 6 land use restrictions. The determination of available land suitable line 7 for urban development may exclude lands where the Federal line 8 Emergency Management Agency (FEMA) or the Department of line 9 Water Resources has determined that the flood management line 10 infrastructure designed to protect that land is not adequate to avoid line 11 the risk of flooding.
line 12 (C) Lands preserved or protected from urban development under line 13 existing federal or state programs, or both, designed to protect line 14 open space, farmland, environmental habitats, and natural resources line 15 on a long-term basis, including land zoned or designated for line 16 agricultural protection or preservation that is subject to a local line 17 ballot measure that was approved by the voters of that jurisdiction line 18 that prohibits or restricts conversion to nonagricultural uses. line 19 (D) County policies to preserve prime agricultural land, as line 20 defined pursuant to Section 56064, within an unincorporated area line 21 and land within an unincorporated area zoned or designated for line 22 agricultural protection or preservation that is subject to a local line 23 ballot measure that was approved by the voters of that jurisdiction line 24 that prohibits or restricts its conversion to nonagricultural uses. line 25 (E) Emergency evacuation route capacity, wildfire risk, sea line 26 level rise, and other impacts caused by climate change. line 27 (3) The distribution of household growth assumed for purposes line 28 of a comparable period of regional transportation plans and line 29 opportunities to maximize the use of public transportation and line 30 existing transportation infrastructure.
line 31 (4) Agreements between a county and cities in a county to direct line 32 growth toward incorporated areas of the county and land within line 33 an unincorporated area zoned or designated for agricultural line 34 protection or preservation that is subject to a local ballot measure line 35 that was approved by the voters of the jurisdiction that prohibits line 36 or restricts conversion to nonagricultural uses. line 37 (5) The loss of units contained in assisted housing developments, line 38 as defined in paragraph (9) of subdivision (a) of Section 65583, line 39 that changed to non-low-income use through mortgage prepayment, line 40 subsidy contract expirations, or termination of use restrictions. 95 AB 3093 — 54 —
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line 1 (6) The percentage of existing households at each of the income line 2 levels listed in subdivision (f) of Section 65584 that are paying line 3 more than 30 percent and more than 50 percent of their income in line 4 rent.
line 5 (7) The rate of overcrowding.
line 6 (8) The housing needs of farmworkers.
line 7 (9) The housing needs generated by the presence of a private line 8 university or a campus of the California State University or the line 9 University of California within any member jurisdiction. line 10 (10) The housing needs of individuals and families experiencing line 11 homelessness. If a council of governments has surveyed each of line 12 its member jurisdictions pursuant to subdivision (b) on or before line 13 January 1, 2020, this paragraph shall apply only to the development line 14 of methodologies for the seventh and subsequent revisions of the line 15 housing element.
line 16 (11) The loss of units during a state of emergency that was line 17 declared by the Governor pursuant to the California Emergency line 18 Services Act (Chapter 7 (commencing with Section 8550) of line 19 Division 1 of Title 2), during the planning period immediately line 20 preceding the relevant revision pursuant to Section 65588 that line 21 have yet to be rebuilt or replaced at the time of the analysis. line 22 (12) The region’s greenhouse gas emissions targets provided line 23 by the State Air Resources Board pursuant to Section 65080. line 24 (13) Any other factors adopted by the council of governments, line 25 that further the objectives listed in subdivision (d) of Section line 26 65584, provided that the council of governments specifies which line 27 of the objectives each additional factor is necessary to further. The line 28 council of governments may include additional factors unrelated line 29 to furthering the objectives listed in subdivision (d) of Section line 30 65584 so long as the additional factors do not undermine the line 31 objectives listed in subdivision (d) of Section 65584 and are applied line 32 equally across all household income levels as described in line 33 subdivision (f) of Section 65584 and the council of governments line 34 makes a finding that the factor is necessary to address significant line 35 health and safety conditions.
line 36 (f) The council of governments, or delegate subregion, as line 37 applicable, shall explain in writing how each of the factors line 38 described in subdivision (e) was incorporated into the methodology line 39 and how the methodology furthers the objectives listed in line 40 subdivision (d) of Section 65584. The methodology may include 95 — 55 — AB 3093
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line 1 numerical weighting. This information, and any other supporting line 2 materials used in determining the methodology, shall be posted line 3 on the council of governments’, or delegate subregion’s, internet line 4 website.
line 5 (g) The following criteria shall not be a justification for a line 6 determination or a reduction in a jurisdiction’s share of the regional line 7 housing need:
line 8 (1) Any ordinance, policy, voter-approved measure, or standard line 9 of a city or county that directly or indirectly limits the number of line 10 residential building permits issued by a city or county. line 11 (2) Prior underproduction of housing in a city or county from line 12 the previous regional housing need allocation, as determined by line 13 each jurisdiction’s annual production report submitted pursuant line 14 to subparagraph (H) of paragraph (2) of subdivision (a) of Section line 15 65400.
line 16 (3) Stable population numbers in a city or county from the line 17 previous regional housing needs cycle.
line 18 (h) Following the conclusion of the public comment period line 19 described in subdivision (d) on the proposed allocation line 20 methodology, and after making any revisions deemed appropriate line 21 by the council of governments, or delegate subregion, as applicable, line 22 as a result of comments received during the public comment period, line 23 and as a result of consultation with the department, each council line 24 of governments, or delegate subregion, as applicable, shall publish line 25 a draft allocation methodology on its internet website and submit line 26 the draft allocation methodology, along with the information line 27 required pursuant to subdivision (e), to the department. line 28 (i) Within 60 days, the department shall review the draft line 29 allocation methodology and report its written findings to the line 30 council of governments, or delegate subregion, as applicable. In line 31 its written findings the department shall determine whether the line 32 methodology furthers the objectives listed in subdivision (d) of line 33 Section 65584. If the department determines that the methodology line 34 is not consistent with subdivision (d) of Section 65584, the council line 35 of governments, or delegate subregion, as applicable, shall take line 36 one of the following actions:
line 37 (1) Revise the methodology to further the objectives listed in line 38 subdivision (d) of Section 65584 and adopt a final regional, or line 39 subregional, housing need allocation methodology. 95 AB 3093 — 56 —
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line 1 (2) Adopt the regional, or subregional, housing need allocation line 2 methodology without revisions and include within its resolution line 3 of adoption findings, supported by substantial evidence, as to why line 4 the council of governments, or delegate subregion, believes that line 5 the methodology furthers the objectives listed in subdivision (d) line 6 of Section 65584 despite the findings of the department. line 7 (j) If the department’s findings are not available within the time line 8 limits set by subdivision (i), the council of governments, or delegate line 9 subregion, may act without them.
line 10 (k) Upon either action pursuant to subdivision (i), the council line 11 of governments, or delegate subregion, shall provide notice of the line 12 adoption of the methodology to the jurisdictions within the region, line 13 or delegate subregion, as applicable, and to the department, and line 14 shall publish the adopted allocation methodology, along with its line 15 resolution and any adopted written findings, on its internet website. line 16 (l) The department may, within 90 days, review the adopted line 17 methodology and report its findings to the council of governments, line 18 or delegate subregion.
line 19 (m) (1) It is the intent of the Legislature that housing planning line 20 be coordinated and integrated with the regional transportation plan. line 21 To achieve this goal, the allocation plan shall allocate housing line 22 units within the region consistent with the development pattern line 23 included in the sustainable communities strategy. line 24 (2) (A) The final allocation plan shall ensure that the total line 25 regional housing need, by income category, as determined under line 26 Section 65584, is maintained, and that each jurisdiction in the line 27 region receive an allocation of units for low- and very low income line 28 households.
line 29 (B) For the seventh and subsequent revisions of the housing line 30 element, the allocation to each region required under subparagraph line 31 (A) shall also include an allocation of units for acutely low and line 32 extremely low income households.
line 33 (3) The resolution approving the final housing need allocation line 34 plan shall demonstrate that the plan is consistent with the line 35 sustainable communities strategy in the regional transportation line 36 plan and furthers the objectives listed in subdivision (d) of Section line 37 65584.
line 38 (n) This section shall become operative on January 1, 2025. line 39 SEC. 10. Section 65584.07 of the Government Code is amended line 40 to read:
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line 1 65584.07. (a) During the period between adoption of a final line 2 regional housing needs allocation and the due date of the housing line 3 element update under Section 65588, the council of governments, line 4 subregional entity, or the department, whichever assigned the line 5 county’s share, shall reduce the share of regional housing needs line 6 of a county if all of the following conditions are met:
line 7 (1) One or more cities within the county agree to increase its line 8 share or their shares in an amount equivalent to the reduction. line 9 (2) The transfer of shares shall only occur between a county line 10 and cities within that county.
line 11 (3) (A) Except as provided in subparagraph (B), the county’s line 12 share of low-income and very low income housing shall be reduced line 13 only in proportion to the amount by which the county’s share of line 14 moderate- and above moderate-income housing is reduced. line 15 (B) For the seventh and subsequent revisions of the housing line 16 element, the county’s share of low-, very low, extremely low, and line 17 acutely low income housing shall be reduced only in proportion line 18 to the amount by which the county’s share of moderate- and above line 19 moderate-income housing is reduced.
line 20 (4) The council of governments, subregional entity, or the line 21 department, whichever assigned the county’s share, shall approve line 22 the proposed reduction, if it determines that the conditions set forth line 23 in paragraphs (1), (2), and (3) have been satisfied. The county and line 24 city or cities proposing the transfer shall submit an analysis of the line 25 factors and circumstances, with all supporting data, justifying the line 26 revision to the council of governments, subregional entity, or the line 27 department. The council of governments or subregional entity shall line 28 submit a copy of its decision regarding the proposed reduction to line 29 the department.
line 30 (b) (1) The county and cities that have executed transfers of line 31 regional housing needs pursuant to subdivision (a) shall use the line 32 revised regional housing need allocation in their housing elements line 33 and shall adopt their housing elements by the deadlines set forth line 34 in Section 65588.
line 35 (2) A city that has received a transfer of a regional housing need line 36 pursuant to subdivision (c) shall adopt or amend its housing line 37 element within 30 months of the effective date of incorporation. line 38 (3) A county or city that has received a transfer of regional line 39 housing need pursuant to subdivision (d) shall amend its housing line 40 element within 180 days of the effective date of the transfer. 95 AB 3093 — 58 —
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line 1 (4) A county or city is responsible for identifying sites to line 2 accommodate its revised regional housing need by the deadlines line 3 set forth in paragraphs (1), (2), and (3).
line 4 (5) All materials and data used to justify any revision shall be line 5 made available upon request to any interested party within seven line 6 days upon payment of reasonable costs of reproduction unless the line 7 costs are waived due to economic hardship. A fee may be charged line 8 to interested parties for any additional costs caused by the line 9 amendments made to former subdivision (c) of Section 65584 that line 10 reduced from 45 to 7 days the time within which materials and line 11 data were required to be made available to interested parties. line 12 (c) (1) If an incorporation of a new city occurs after the council line 13 of governments, subregional entity, or the department for areas line 14 with no council of governments, has made its final allocation under line 15 Section 65584.03, 65584.04, or 65584.06, a portion of the county’s line 16 allocation shall be transferred to the new city. The city and county line 17 may reach a mutually acceptable agreement for transfer of a portion line 18 of the county’s allocation to the city, which shall be accepted by line 19 the council of governments, subregional entity, or the department, line 20 whichever allocated the county’s share. If the affected parties line 21 cannot reach a mutually acceptable agreement, then either party line 22 may submit a written request to the council of governments, line 23 subregional entity, or to the department for areas with no council line 24 of governments, to consider the facts, data, and methodology line 25 presented by both parties and determine the number of units, by line 26 income category, that should be transferred from the county’s line 27 allocation to the new city.
line 28 (2) Within 90 days after the date of incorporation, either the line 29 transfer, by income category, agreed upon by the city and county, line 30 or a written request for a transfer, shall be submitted to the council line 31 of governments, subregional entity, or to the department, whichever line 32 allocated the county’s share. A mutually acceptable transfer line 33 agreement shall be effective immediately upon receipt by the line 34 council of governments, the subregional entity, or the department. line 35 A copy of a written transfer request submitted to the council of line 36 governments shall be submitted to the department. The council of line 37 governments, subregional entity, or the department, whichever line 38 allocated the county’s share, shall make the transfer effective within line 39 180 days after receipt of the written request. If the council of line 40 governments allocated the county’s share, the transfer shall be 95 — 59 — AB 3093
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line 1 based on the methodology adopted pursuant to Section 65584.04. line 2 If the subregional entity allocated the subregion’s share, the transfer line 3 shall be based on the methodology adopted pursuant to Section line 4 65584.03. If the department allocated the county’s share, the line 5 transfer shall be based on the considerations specified in Section line 6 65584.06. The transfer shall neither reduce the total regional line 7 housing needs nor change the regional housing needs allocated to line 8 other cities by the council of governments, subregional entity, or line 9 the department. A copy of the transfer finalized by the council of line 10 governments or subregional entity shall be submitted to the line 11 department. The council of governments, the subregional entity, line 12 or the department, as appropriate, may extend the 90-day deadline line 13 if it determines an extension is consistent with the objectives of line 14 this article.
line 15 (d) (1) If an annexation of unincorporated land to a city occurs line 16 after the council of governments, subregional entity, or the line 17 department for areas with no council of governments, has made line 18 its final allocation under Section 65584.03, 65584.04, or 65584.06, line 19 a portion of the county’s allocation may be transferred to the city. line 20 The city and county may reach a mutually acceptable agreement line 21 for transfer of a portion of the county’s allocation to the city, which line 22 shall be accepted by the council of governments, subregional entity, line 23 or the department, whichever allocated the county’s share. If the line 24 affected parties cannot reach a mutually acceptable agreement, line 25 then either party may submit a written request to the council of line 26 governments, subregional entity, or to the department for areas line 27 with no council of governments, to consider the facts, data, and line 28 methodology presented by both parties and determine the number line 29 of units, by income category, that should be transferred from the line 30 county’s allocation to the city.
line 31 (2) (A) Except as provided under subparagraph (B), within 90 line 32 days after the date of annexation, either the transfer, by income line 33 category, agreed upon by the city and county, or a written request line 34 for a transfer, shall be submitted to the council of governments, line 35 subregional entity, and to the department. A mutually acceptable line 36 transfer agreement shall be effective immediately upon receipt by line 37 the council of governments, the subregional entity, or the line 38 department. The council of governments, subregional entity, or line 39 the department for areas with no council of governments, shall line 40 make the transfer effective within 180 days after receipt of the 95 AB 3093 — 60 —
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line 1 written request. If the council of governments allocated the line 2 county’s share, the transfer shall be based on the methodology line 3 adopted pursuant to Section 65584.04. If the subregional entity line 4 allocated the subregion’s share, the transfer shall be based on the line 5 methodology adopted pursuant to Section 65584.03. If the line 6 department allocated the county’s share, the transfer shall be based line 7 on the considerations specified in Section 65584.06. The transfer line 8 shall neither reduce the total regional housing needs nor change line 9 the regional housing needs allocated to other cities by the council line 10 of governments, subregional entity, or the department for areas line 11 with no council of governments. A copy of the transfer finalized line 12 by the council of governments or subregional entity shall be line 13 submitted to the department. The council of governments, the line 14 subregional entity, or the department, as appropriate, may extend line 15 the 90-day deadline if it determines an extension is consistent with line 16 the objectives of this article.
line 17 (B) If the annexed land is subject to a development agreement line 18 authorized under subdivision (b) of Section 65865 that was entered line 19 into by a city and a landowner prior to January 1, 2008, the revised line 20 determination shall be based upon the number of units allowed by line 21 the development agreement.
line 22 (3) A transfer shall not be made when the council of line 23 governments or the department, as applicable, confirms that the line 24 annexed land was fully incorporated into the methodology used line 25 to allocate the city’s share of the regional housing needs. line 26 SEC. 11. Section 65913.4 of the Government Code is amended line 27 to read:
line 28 65913.4. (a) Except as provided in subdivision (r), a line 29 development proponent may submit an application for a line 30 development that is subject to the streamlined, ministerial approval line 31 process provided by subdivision (c) and is not subject to a line 32 conditional use permit or any other nonlegislative discretionary line 33 approval if the development complies with subdivision (b) and line 34 satisfies all of the following objective planning standards:
line 35 (1) The development is a multifamily housing development that line 36 contains two or more residential units.
line 37 (2) The development and the site on which it is located satisfy line 38 all of the following:
line 39 (A) It is a legal parcel or parcels located in a city if, and only line 40 if, the city boundaries include some portion of either an urbanized 95 — 61 — AB 3093
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line 1 area or urban cluster, as designated by the United States Census line 2 Bureau, or, for unincorporated areas, a legal parcel or parcels line 3 wholly within the boundaries of an urbanized area or urban cluster, line 4 as designated by the United States Census Bureau. line 5 (B) At least 75 percent of the perimeter of the site adjoins parcels line 6 that are developed with urban uses. For the purposes of this section, line 7 parcels that are only separated by a street or highway shall be line 8 considered to be adjoined.
line 9 (C) (i) A site that meets the requirements of clause (ii) and line 10 satisfies any of the following:
line 11 (I) The site is zoned for residential use or residential mixed-use line 12 development.
line 13 (II) The site has a general plan designation that allows residential line 14 use or a mix of residential and nonresidential uses. line 15 (III) The site meets the requirements of Section 65852.24. line 16 (ii) At least two-thirds of the square footage of the development line 17 is designated for residential use. Additional density, floor area, line 18 and units, and any other concession, incentive, or waiver of line 19 development standards granted pursuant to the Density Bonus Law line 20 in Section 65915 shall be included in the square footage line 21 calculation. The square footage of the development shall not line 22 include underground space, such as basements or underground line 23 parking garages.
line 24 (3) (A) The development proponent has committed to record, line 25 prior to the issuance of the first building permit, a land use line 26 restriction or covenant providing that any lower or moderate line 27 income housing units required pursuant to subparagraph (B) of line 28 paragraph (4) shall remain available at affordable housing costs line 29 or rent to persons and families of lower or moderate income for line 30 no less than the following periods of time:
line 31 (i) Fifty-five years for units that are rented. line 32 (ii) Forty-five years for units that are owned. line 33 (B) The city or county shall require the recording of covenants line 34 or restrictions implementing this paragraph for each parcel or unit line 35 of real property included in the development.
line 36 (4) The development satisfies clause (i) or (ii) of subparagraph line 37 (A) and satisfies subparagraph (B) below:
line 38 (A) (i) For a development located in a locality that is in its sixth line 39 or earlier housing element cycle, the development is located in line 40 either of the following:
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line 1 (I) In a locality that the department has determined is subject line 2 to this clause on the basis that the number of units that have been line 3 issued building permits, as shown on the most recent production line 4 report received by the department, is less than the locality’s share line 5 of the regional housing needs, by income category, for that line 6 reporting period. A locality shall remain eligible under this line 7 subclause until the department’s determination for the next line 8 reporting period.
line 9 (II) In a locality that the department has determined is subject line 10 to this clause on the basis that the locality did not adopt a housing line 11 element that has been found in substantial compliance with housing line 12 element law (Article 10.6 (commencing with Section 65580) of line 13 Chapter 3) by the department. A locality shall remain eligible under line 14 this subclause until such time as the locality adopts a housing line 15 element that has been found in substantial compliance with housing line 16 element law (Article 10.6 (commencing with Section 65580) of line 17 Chapter 3) by the department.
line 18 (ii) For a development located in a locality that is in its seventh line 19 or later housing element cycle, is located in a locality that the line 20 department has determined is subject to this clause on the basis line 21 that the locality did not adopt a housing element that has been line 22 found in substantial compliance with housing element law (Article line 23 10.6 (commencing with Section 65580) of Chapter 3) by the line 24 department by the statutory deadline, or that the number of units line 25 that have been issued building permits, as shown on the most recent line 26 production report received by the department, is less than the line 27 locality’s share of the regional housing needs, by income category, line 28 for that reporting period. A locality shall remain eligible under line 29 this subparagraph until the department’s determination for the next line 30 reporting period.
line 31 (B) The development is subject to a requirement mandating a line 32 minimum percentage of below market rate housing based on one line 33 of the following:
line 34 (i) The locality did not adopt a housing element pursuant to line 35 Section 65588 that has been found in substantial compliance with line 36 the housing element law (Article 10.6 (commencing with Section line 37 65580) of Chapter 3) by the department, did not submit its latest line 38 production report to the department by the time period required line 39 by Section 65400, or that production report submitted to the line 40 department reflects that there were fewer units of above 95 — 63 — AB 3093
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line 1 moderate-income housing issued building permits than were line 2 required for the regional housing needs assessment cycle for that line 3 reporting period. In addition, if the project contains more than 10 line 4 units of housing, the project does one of the following:
line 5 (I) For for-rent projects, the project dedicates a minimum of 10 line 6 percent of the total number of units, before calculating any density line 7 bonus, to housing affordable to households making at or below 50 line 8 percent of the area median income. However, if the locality has line 9 adopted a local ordinance that requires that greater than 10 percent line 10 of the units be dedicated to housing affordable to households line 11 making below 50 percent of the area median income, that local line 12 ordinance applies.
line 13 (II) For for-sale projects, the project dedicates a minimum of line 14 10 percent of the total number of units, before calculating any line 15 density bonus, to housing affordable to households making at or line 16 below 80 percent of the area median income. However, if the line 17 locality has adopted a local ordinance that requires that greater line 18 than 10 percent of the units be dedicated to housing affordable to line 19 households making below 80 percent of the area median income, line 20 that local ordinance applies.
line 21 (III) (ia) If the project is located within the San Francisco Bay line 22 area, the project, in lieu of complying with subclause (I) or (II), line 23 may opt to abide by this subclause. Projects utilizing this subclause line 24 shall dedicate 20 percent of the total number of units, before line 25 calculating any density bonus, to housing affordable to households line 26 making below 100 percent of the area median income with the line 27 average income of the units at or below 80 percent of the area line 28 median income. However, a local ordinance adopted by the locality line 29 applies if it requires greater than 20 percent of the units be line 30 dedicated to housing affordable to households making at or below line 31 100 percent of the area median income, or requires that any of the line 32 units be dedicated at a level deeper than 100 percent. In order to line 33 comply with this subclause, the rent or sale price charged for units line 34 that are dedicated to housing affordable to households between 80 line 35 percent and 100 percent of the area median income shall not exceed line 36 30 percent of the gross income of the household. line 37 (ib) For purposes of this subclause, “San Francisco Bay area” line 38 means the entire area within the territorial boundaries of the line 39 Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, 95 AB 3093 — 64 —
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line 1 Santa Clara, Solano, and Sonoma, and the City and County of San line 2 Francisco.
line 3 (ii) (I) The locality’s latest production report reflects that there line 4 were fewer units of housing issued building permits affordable to line 5 either very low income or low-income households by income line 6 category than were required for the regional housing needs line 7 assessment cycle for that reporting period, and the project seeking line 8 approval dedicates 50 percent of the total number of units, before line 9 calculating any density bonus, to housing affordable to households line 10 making at or below 80 percent of the area median income. line 11 However, if the locality has adopted a local ordinance that requires line 12 that greater than 50 percent of the units be dedicated to housing line 13 affordable to households making at or below 80 percent of the area line 14 median income, that local ordinance applies.
line 15 (II) For purposes of this clause, “units affordable to very low line 16 income households” includes units affordable to acutely low line 17 income households, as defined in Section 50063.5 of the Health line 18 and Safety Code, and to extremely low income households, as line 19 defined in Section 50106 of the Health and Safety Code. line 20 (iii) The locality did not submit its latest production report to line 21 the department by the time period required by Section 65400, or line 22 if the production report reflects that there were fewer units of line 23 housing affordable to both income levels described in clauses (i) line 24 and (ii) that were issued building permits than were required for line 25 the regional housing needs assessment cycle for that reporting line 26 period, the project seeking approval may choose between utilizing line 27 clause (i) or (ii).
line 28 (C) (i) A development proponent that uses a unit of affordable line 29 housing to satisfy the requirements of subparagraph (B) may also line 30 satisfy any other local or state requirement for affordable housing, line 31 including local ordinances or the Density Bonus Law in Section line 32 65915, provided that the development proponent complies with line 33 the applicable requirements in the state or local law. If a local line 34 requirement for affordable housing requires units that are restricted line 35 to households with incomes higher than the applicable income line 36 limits required in subparagraph (B), then units that meet the line 37 applicable income limits required in subparagraph (B) shall be line 38 deemed to satisfy those local requirements for higher income units. line 39 (ii) A development proponent that uses a unit of affordable line 40 housing to satisfy any other state or local affordability requirement 95 — 65 — AB 3093
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line 1 may also satisfy the requirements of subparagraph (B), provided line 2 that the development proponent complies with applicable line 3 requirements of subparagraph (B).
line 4 (iii) A development proponent may satisfy the affordability line 5 requirements of subparagraph (B) with a unit that is restricted to line 6 households with incomes lower than the applicable income limits line 7 required in subparagraph (B).
line 8 (D) The amendments to this subdivision made by the act adding line 9 this subparagraph do not constitute a change in, but are declaratory line 10 of, existing law.
line 11 (5) The development, excluding any additional density or any line 12 other concessions, incentives, or waivers of development standards line 13 for which the development is eligible pursuant to the Density Bonus line 14 Law in Section 65915, is consistent with objective zoning line 15 standards, objective subdivision standards, and objective design line 16 review standards in effect at the time that the development is line 17 submitted to the local government pursuant to this section, or at line 18 the time a notice of intent is submitted pursuant to subdivision (b), line 19 whichever occurs earlier. For purposes of this paragraph, “objective line 20 zoning standards,” “objective subdivision standards,” and line 21 “objective design review standards” mean standards that involve line 22 no personal or subjective judgment by a public official and are line 23 uniformly verifiable by reference to an external and uniform line 24 benchmark or criterion available and knowable by both the line 25 development applicant or proponent and the public official before line 26 submittal. These standards may be embodied in alternative line 27 objective land use specifications adopted by a city or county, and line 28 may include, but are not limited to, housing overlay zones, specific line 29 plans, inclusionary zoning ordinances, and density bonus line 30 ordinances, subject to the following:
line 31 (A) A development shall be deemed consistent with the objective line 32 zoning standards related to housing density, as applicable, if the line 33 density proposed is compliant with the maximum density allowed line 34 within that land use designation, notwithstanding any specified line 35 maximum unit allocation that may result in fewer units of housing line 36 being permitted.
line 37 (B) In the event that objective zoning, general plan, subdivision, line 38 or design review standards are mutually inconsistent, a line 39 development shall be deemed consistent with the objective zoning line 40 and subdivision standards pursuant to this subdivision if the 95 AB 3093 — 66 —
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line 1 development is consistent with the standards set forth in the general line 2 plan.
line 3 (C) It is the intent of the Legislature that the objective zoning line 4 standards, objective subdivision standards, and objective design line 5 review standards described in this paragraph be adopted or line 6 amended in compliance with the requirements of Chapter 905 of line 7 the Statutes of 2004.
line 8 (D) The amendments to this subdivision made by the act adding line 9 this subparagraph do not constitute a change in, but are declaratory line 10 of, existing law.
line 11 (E) A project that satisfies the requirements of Section 65852.24 line 12 shall be deemed consistent with objective zoning standards, line 13 objective design standards, and objective subdivision standards if line 14 the project is consistent with the provisions of subdivision (b) of line 15 Section 65852.24 and if none of the square footage in the project line 16 is designated for hotel, motel, bed and breakfast inn, or other line 17 transient lodging use, except for a residential hotel. For purposes line 18 of this subdivision, “residential hotel” shall have the same meaning line 19 as defined in Section 50519 of the Health and Safety Code. line 20 (6) The development is not located on a site that is any of the line 21 following:
line 22 (A) (i) An area of the coastal zone subject to paragraph (1) or line 23 (2) of subdivision (a) of Section 30603 of the Public Resources line 24 Code.
line 25 (ii) An area of the coastal zone that is not subject to a certified line 26 local coastal program or a certified land use plan. line 27 (iii) An area of the coastal zone that is vulnerable to five feet line 28 of sea level rise, as determined by the National Oceanic and line 29 Atmospheric Administration, the Ocean Protection Council, the line 30 United States Geological Survey, the University of California, or line 31 a local government’s coastal hazards vulnerability assessment. line 32 (iv) In a parcel within the coastal zone that is not zoned for line 33 multifamily housing.
line 34 (v) In a parcel in the coastal zone and located on either of the line 35 following:
line 36 (I) On, or within a 100-foot radius of, a wetland, as defined in line 37 Section 30121 of the Public Resources Code.
line 38 (II) On prime agricultural land, as defined in Sections 30113 line 39 and 30241 of the Public Resources Code.
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line 1 (B) Either prime farmland or farmland of statewide importance, line 2 as defined pursuant to United States Department of Agriculture line 3 land inventory and monitoring criteria, as modified for California, line 4 and designated on the maps prepared by the Farmland Mapping line 5 and Monitoring Program of the Department of Conservation, or line 6 land zoned or designated for agricultural protection or preservation line 7 by a local ballot measure that was approved by the voters of that line 8 jurisdiction.
line 9 (C) Wetlands, as defined in the United States Fish and Wildlife line 10 Service Manual, Part 660 FW 2 (June 21, 1993).
line 11 (D) Within a very high fire hazard severity zone, as determined line 12 by the Department of Forestry and Fire Protection pursuant to line 13 Section 51178, or within the state responsibility area, as defined line 14 in Section 4102 of the Public Resources Code. This subparagraph line 15 does not apply to sites that have adopted fire hazard mitigation line 16 measures pursuant to existing building standards or state fire line 17 mitigation measures applicable to the development, including, but line 18 not limited to, standards established under all of the following or line 19 their successor provisions:
line 20 (i) Section 4291 of the Public Resources Code or Section 51182, line 21 as applicable.
line 22 (ii) Section 4290 of the Public Resources Code. line 23 (iii) Chapter 7A of the California Building Code (Title 24 of line 24 the California Code of Regulations).
line 25 (E) A hazardous waste site that is listed pursuant to Section line 26 65962.5 or a hazardous waste site designated by the Department line 27 of Toxic Substances Control pursuant to Section 25356 of the line 28 Health and Safety Code, unless either of the following apply:
line 29 (i) The site is an underground storage tank site that received a line 30 uniform closure letter issued pursuant to subdivision (g) of Section line 31 25296.10 of the Health and Safety Code based on closure criteria line 32 established by the State Water Resources Control Board for line 33 residential use or residential mixed uses. This section does not line 34 alter or change the conditions to remove a site from the list of line 35 hazardous waste sites listed pursuant to Section 65962.5. line 36 (ii) The State Department of Public Health, State Water line 37 Resources Control Board, Department of Toxic Substances Control, line 38 or a local agency making a determination pursuant to subdivision line 39 (c) of Section 25296.10 of the Health and Safety Code, has 95 AB 3093 — 68 —
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line 1 otherwise determined that the site is suitable for residential use or line 2 residential mixed uses.
line 3 (F) Within a delineated earthquake fault zone as determined by line 4 the State Geologist in any official maps published by the State line 5 Geologist, unless the development complies with applicable seismic line 6 protection building code standards adopted by the California line 7 Building Standards Commission under the California Building line 8 Standards Law (Part 2.5 (commencing with Section 18901) of line 9 Division 13 of the Health and Safety Code), and by any local line 10 building department under Chapter 12.2 (commencing with Section line 11 8875) of Division 1 of Title 2.
line 12 (G) Within a special flood hazard area subject to inundation by line 13 the 1 percent annual chance flood (100-year flood) as determined line 14 by the Federal Emergency Management Agency in any official line 15 maps published by the Federal Emergency Management Agency. line 16 If a development proponent is able to satisfy all applicable federal line 17 qualifying criteria in order to provide that the site satisfies this line 18 subparagraph and is otherwise eligible for streamlined approval line 19 under this section, a local government shall not deny the application line 20 on the basis that the development proponent did not comply with line 21 any additional permit requirement, standard, or action adopted by line 22 that local government that is applicable to that site. A development line 23 may be located on a site described in this subparagraph if either line 24 of the following are met:
line 25 (i) The site has been subject to a Letter of Map Revision line 26 prepared by the Federal Emergency Management Agency and line 27 issued to the local jurisdiction.
line 28 (ii) The site meets Federal Emergency Management Agency line 29 requirements necessary to meet minimum flood plain management line 30 criteria of the National Flood Insurance Program pursuant to Part line 31 59 (commencing with Section 59.1) and Part 60 (commencing line 32 with Section 60.1) of Subchapter B of Chapter I of Title 44 of the line 33 Code of Federal Regulations.
line 34 (H) Within a regulatory floodway as determined by the Federal line 35 Emergency Management Agency in any official maps published line 36 by the Federal Emergency Management Agency, unless the line 37 development has received a no-rise certification in accordance line 38 with Section 60.3(d)(3) of Title 44 of the Code of Federal line 39 Regulations. If a development proponent is able to satisfy all line 40 applicable federal qualifying criteria in order to provide that the 95 — 69 — AB 3093
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line 1 site satisfies this subparagraph and is otherwise eligible for line 2 streamlined approval under this section, a local government shall line 3 not deny the application on the basis that the development line 4 proponent did not comply with any additional permit requirement, line 5 standard, or action adopted by that local government that is line 6 applicable to that site.
line 7 (I) Lands identified for conservation in an adopted natural line 8 community conservation plan pursuant to the Natural Community line 9 Conservation Planning Act (Chapter 10 (commencing with Section line 10 2800) of Division 3 of the Fish and Game Code), habitat line 11 conservation plan pursuant to the federal Endangered Species Act line 12 of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural line 13 resource protection plan.
line 14 (J) Habitat for protected species identified as candidate, line 15 sensitive, or species of special status by state or federal agencies, line 16 fully protected species, or species protected by the federal line 17 Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), line 18 the California Endangered Species Act (Chapter 1.5 (commencing line 19 with Section 2050) of Division 3 of the Fish and Game Code), or line 20 the Native Plant Protection Act (Chapter 10 (commencing with line 21 Section 1900) of Division 2 of the Fish and Game Code). line 22 (K) Lands under conservation easement.
line 23 (7) The development is not located on a site where any of the line 24 following apply:
line 25 (A) The development would require the demolition of the line 26 following types of housing:
line 27 (i) Housing that is subject to a recorded covenant, ordinance, line 28 or law that restricts rents to levels affordable 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 was 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 was placed on a national, state, or local historic line 39 register.
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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 provided 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 government, that the following 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 work for line 12 purposes of Chapter 1 (commencing with Section 1720) of Part 7 line 13 of Division 2 of the Labor Code and approved 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 execution of the line 18 development shall be paid at least the general prevailing rate of line 19 per diem wages for the type of work 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, except that line 22 apprentices registered in programs approved 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 development 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 workers employed in the execution line 33 of the work at least the general prevailing rate of per diem wages, line 34 except that apprentices registered in programs approved 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 verify payroll records pursuant to Section line 38 1776 of the Labor Code and make those records available for line 39 inspection and copying as provided in that section. This subclause line 40 does not apply if all contractors and subcontractors performing 95 — 71 — AB 3093
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line 1 work on the development are subject to a project labor agreement line 2 that requires the payment of prevailing wages to all construction line 3 workers employed in the execution of the development and line 4 provides for enforcement of that obligation through an arbitration line 5 procedure. For 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 civil line 12 wage and penalty assessment pursuant to Section 1741 of the Labor line 13 Code, which may be reviewed 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 wages 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 development are subject line 27 to a project labor agreement that requires the payment of prevailing line 28 wages to all construction workers employed in the execution of line 29 the development and provides for enforcement of that obligation line 30 through an arbitration procedure. For purposes of this clause, line 31 “project labor agreement” has the same meaning as set forth in line 32 paragraph (1) of subdivision (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 overtime wages line 37 found to be prevailing 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. 95 AB 3093 — 72 —
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line 1 (D) The requirement of this paragraph to pay at least the general line 2 prevailing rate of per diem wages 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 government 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 registered apprentices and expenditures 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 employees shall show a line 24 contractual obligation that its subcontractors comply with this line 25 clause.
line 26 (iii) Each contractor with construction craft employees shall line 27 make health care expenditures for each employee in an amount line 28 per hour worked on the development equivalent to at least the line 29 hourly pro rata cost of a Covered California Platinum level plan line 30 for two adults 40 years of age and two dependents 0 to 14 years line 31 of age for the Covered California rating area in which the line 32 development is located. A contractor without construction craft line 33 employees shall show a contractual obligation that its line 34 subcontractors comply with this clause. Qualifying expenditures 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 provide 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 95 — 73 — AB 3093
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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 provided, 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 development using the line 15 procedures for issuance of civil wage 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 verify 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 subdivision (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 provided line 30 pursuant to subdivision (e) of Section 1776 of the Labor Code. line 31 (vi) All construction contractors shall report any change in line 32 apprenticeship program participation or health care expenditures 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 have standing to sue a 95 AB 3093 — 74 —
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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 over 85 feet in height above grade, the line 5 following skilled and trained workforce provisions apply:
line 6 (i) Except as provided in clause (ii), the developer shall enter line 7 into construction contracts with prime contractors only if all of the line 8 following are satisfied:
line 9 (I) The contract contains an enforceable commitment that the line 10 prime contractor and subcontractors at every tier will use a skilled line 11 and trained workforce, as defined in Section 2601 of the Public line 12 Contract Code, to perform work on the project that falls within an line 13 apprenticeable occupation in the building and construction trades. line 14 However, this enforceable commitment requirement shall not apply line 15 to any scopes of work where new bids are accepted pursuant to line 16 subclause (I) of clause (ii).
line 17 (II) The developer or prime contractor shall establish minimum line 18 bidding requirements for subcontractors that are objective to the line 19 maximum extent possible. The developer or prime contractor shall line 20 not impose any obstacles in the bid process for subcontractors that line 21 go beyond what is reasonable and commercially customary. The line 22 developer or prime contractor must accept bids submitted by any line 23 bidder that meets the minimum criteria set forth in the bid line 24 solicitation.
line 25 (III) The prime contractor has provided an affidavit under line 26 penalty of perjury that, in compliance with this subparagraph, it line 27 will use a skilled and trained workforce and will obtain from its line 28 subcontractors an enforceable commitment to use a skilled and line 29 trained workforce for each scope of work in which it receives at line 30 least three bids attesting to satisfaction of the skilled and trained line 31 workforce requirements.
line 32 (IV) When a prime contractor or subcontractor is required to line 33 provide an enforceable commitment that a skilled and trained line 34 workforce will be used to complete a contract or project, the line 35 commitment shall be made in an enforceable agreement with the line 36 developer that provides the following:
line 37 (ia) The prime contractor and subcontractors at every tier will line 38 comply with this chapter.
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line 1 (ib) The prime contractor will provide the developer, 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 provide the developer, 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 fails 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 workforce requirements as line 11 described in this subparagraph, the prime contractor may accept line 12 new bids for that scope of work. The prime contractor need not line 13 require that a skilled and trained workforce 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 prevailing wages to all construction line 19 workers employed in the execution of the development 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 work on the project pursuant to Section line 24 1773 of the Labor Code and shall be executed by all applicable line 25 labor organizations regardless of affiliation. For purposes of this line 26 clause, “project labor agreement” means a prehire collective 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 workforce 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. 95 AB 3093 — 76 —
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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 any invitation or bid solicitation for the line 4 project, but no less than seven days before the bid is due, the line 5 developer shall send a notice of the invitation 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 organization representing workers in line 9 the building and construction trades who may perform work line 10 necessary to complete the project and the local building 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 developer 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 Act of 1978 (29 U.S.C. Sec. 175a), provide all of the line 19 following:
line 20 (I) The names and Contractors State License Board numbers of line 21 the prime contractor and any 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 Division 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 civil penalty of 10 percent of the dollar value 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 95 — 77 — AB 3093
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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 workforce requirements line 5 under this subparagraph that fail 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 workforce 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 civil wage line 11 and penalty assessments pursuant to Section 1741 of the Labor line 12 Code and may be reviewed 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 agency, line 17 depending on the lead entity performing the enforcement work. line 18 (III) Any provision of a contract or agreement of any kind line 19 between a developer 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 developer 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 lawfully maintains, shall have standing to take line 25 administrative action or sue a construction contractor for failure line 26 to comply with this paragraph. A prevailing locality or labor line 27 standards enforcement agency shall distribute any wages and line 28 penalties to workers in accordance with law and retain any 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 prevailing wages, use a workforce participating in an line 33 apprenticeship, or provide health care expenditures 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 Part 7 of Division 2 of the line 38 Labor Code.
line 39 (10) The development shall not be upon an existing parcel of line 40 land or site that is governed under the Mobilehome Residency Law 95 AB 3093 — 78 —
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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 Civil Code), the Recreational Vehicle Park line 3 Occupancy Law (Chapter 2.6 (commencing with Section 799.20) line 4 of Title 2 of Part 2 of Division 2 of the Civil 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 approval 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 government shall engage in a line 19 scoping consultation regarding the proposed development with line 20 any California Native 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 any California Native 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 government shall provide 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 Native 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 provided 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 invitation to engage 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 invitation to engage in a scoping line 4 consultation.
line 5 (III) If the local government receives a response accepting an line 6 invitation to engage in a scoping consultation pursuant to this line 7 subdivision, the local government 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 have knowledge and expertise concerning the line 12 resources at issue and shall take into account the cultural line 13 significance of the resources 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 Native American tribe traditionally and culturally line 20 affiliated with the geographic area of the proposed development line 21 may participate in the scoping consultation. However, 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 Native 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 development 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 engage 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 Native American line 36 tribe may rescind its approval at any time during the scoping line 37 consultation, either for the duration of the scoping consultation or line 38 with respect to any 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 Native American tribe participating in the scoping line 12 consultation.
line 13 (E) The California Environmental Quality Act (Division 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 affected by line 25 the proposed development 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 development 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 affected by line 35 the proposed development 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 development shall not line 39 be eligible for the streamlined, ministerial approval 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 faith and after reasonable effort, conclude that a mutual line 9 agreement on methods, measures, and conditions to avoid 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 development or environmental setting substantially line 13 changes after the completion of the scoping consultation, the local line 14 government shall notify the California Native American tribe of line 15 the changes and engage in a subsequent scoping consultation if line 16 requested by the California Native American tribe. line 17 (3) A local government 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 engage in the scoping consultation after repeated line 29 documented attempts by the local government to engage 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 development pursuant to subparagraph line 34 (A) of paragraph (2).
line 35 (D) A scoping consultation between a California Native line 36 American tribe and the local government has occurred in line 37 accordance with this subdivision 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 subdivision 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 subdivision 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 subdivision, a project is not eligible for the streamlined, line 14 ministerial process described in subdivision (c) for any or all of line 15 the following reasons, the local government shall provide written line 16 documentation of that fact, and an explanation of the reason for line 17 which the project is not eligible, to the development 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 development, as described in subparagraph (C) of line 30 paragraph (4).
line 31 (B) The written documentation provided to a development 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 Native American tribe pursuant to other applicable line 39 law, confidentiality provisions under other applicable law, the line 40 protection of religious exercise to the fullest extent permitted under 95 — 83 — AB 3093
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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 views 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 way 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 have traditional tribal line 13 cultural importance. A lead agency 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 investigations between the local government and California line 19 Native American tribe, and the development 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 approval process line 27 provided under this section before the effective 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 equivalent position determines that a line 31 development submitted pursuant to this section is consistent with line 32 the objective planning standards specified in subdivision (a) and line 33 pursuant to paragraph (3) of this subdivision, the local government line 34 shall approve the development. Upon a determination that a line 35 development submitted pursuant to this section is in conflict with line 36 any of the objective planning standards specified in subdivision line 37 (a), the local government staff or relevant local planning and line 38 permitting department that made the determination shall provide line 39 the development proponent written documentation of which line 40 standard or standards the development conflicts with, and an 95 AB 3093 — 84 —
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line 1 explanation for the reason or reasons the development 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 development 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 development contains line 8 more than 150 housing units.
line 9 (2) If the local government’s planning director or equivalent line 10 position fails to provide the required documentation pursuant to line 11 paragraph (1), the development shall be deemed to satisfy the line 12 objective planning standards specified in subdivision (a). line 13 (3) For purposes of this section, a development 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 evidence that would allow 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 government, 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 review. That design line 33 review shall be objective 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 95 — 85 — AB 3093
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line 1 follows and shall not in any way inhibit, chill, or preclude the line 2 ministerial approval provided by this section or its effect, 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 development contains line 6 150 or fewer housing units.
line 7 (B) Within 180 days of submittal of the development to the line 8 local government pursuant to this section if the development line 9 contains more than 150 housing units.
line 10 (2) If the development is consistent with the requirements of line 11 subparagraph (A) or (B) of paragraph (9) of subdivision (a) and line 12 is consistent with all objective subdivision standards in the local line 13 subdivision ordinance, an application for a subdivision 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 government determines that a development line 20 submitted pursuant to this section is in conflict with any of the line 21 standards imposed pursuant to paragraph (1), it shall provide the line 22 development proponent written documentation of which objective line 23 standard or standards the development conflicts with, and an line 24 explanation for the reason or reasons the development conflicts line 25 with that objective standard or standards consistent with the line 26 timelines described in paragraph (1) of subdivision (c). line 27 (e) (1) Notwithstanding any other law, a local government, line 28 whether or not it has adopted an ordinance governing automobile line 29 parking requirements in multifamily developments, 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 developments line 4 approved pursuant to this section that exceed one parking space line 5 per unit.
line 6 (f) Notwithstanding any law, a local government 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 agency from line 15 requiring compliance with any standards necessary to receive 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 provided 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 expire if the project satisfies both of the following line 24 requirements:
line 25 (A) The project includes public investment 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 valid 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 valid for a project provided line 36 construction activity, including demolition and grading activity, line 37 on the development site has begun pursuant to a permit issued by line 38 the local jurisdiction and is in progress. For 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 development requires multiple building permits, an line 4 initial phase has been completed, and the project proponent has line 5 applied for and is diligently pursuing a building permit for a line 6 subsequent phase, provided 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 extension if the project line 10 proponent can provide 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 development proponent requests a modification line 14 pursuant to subdivision (h), then the time during which the approval line 15 shall remain valid shall be extended 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 subdivision by the act that line 24 added this paragraph shall also be retroactively applied to line 25 developments approved prior to January 1, 2022. line 26 (h) (1) (A) A development proponent may request a line 27 modification to a development that has been approved 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 objective 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 government shall evaluate any modifications line 38 requested pursuant to this subdivision for consistency with the line 39 objective planning standards using the same assumptions and line 40 analytical methodology that the local government originally used 95 AB 3093 — 88 —
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line 1 to assess consistency for the development 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 subdivision (n) after a development was approved line 5 through the streamlined, ministerial approval process described in line 6 subdivision (c) shall not be used as a basis to deny proposed line 7 modifications.
line 8 (2) Upon receipt of the development proponent’s application line 9 requesting a modification, the local government shall determine line 10 if the requested modification is consistent with the objective line 11 planning standard and either approve or deny 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 government 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 objective standard beyond those in effect when the line 26 development application was submitted in order to mitigate or line 27 avoid a specific, adverse impact, as that term is defined in line 28 subparagraph (A) of paragraph (1) of subdivision (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 (Title 24 of the California Code of line 35 Regulations), including, but not limited to, building 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. 95 — 89 — AB 3093
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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 retroactively applied to modification line 3 applications submitted prior to January 1, 2022. line 4 (4) The local government’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 waivers, 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 government shall not adopt or impose any line 12 requirement, including, but 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 receive line 15 ministerial or streamlined approval pursuant to this section. line 16 (2) (A) A local government shall issue a subsequent permit line 17 required for a development approved under this section if the line 18 application substantially complies with the development as it was line 19 approved pursuant to subdivision (c). Upon receipt of an line 20 application for a subsequent permit, the local government 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 any state or local laws that line 26 were in effect when the original development application was line 27 submitted, unless the development proponent agrees to a change line 28 in objective standards. Issuance of subsequent permits shall line 29 implement the approved development, and review of the permit line 30 application shall not inhibit, chill, or preclude the development. 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, but 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 retroactively applied to line 37 subsequent permit applications submitted prior to January 1, 2022. line 38 (3) (A) If a public improvement is necessary to implement a line 39 development that is subject to the streamlined, ministerial approval line 40 pursuant to this section, including, but not limited to, a bicycle 95 AB 3093 — 90 —
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line 1 lane, sidewalk or walkway, public transit stop, driveway, 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 above-ground or line 4 underground utility connection, a water line, fire hydrant, 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 extent that the public improvement requires line 8 approval from the local government, the local government 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 improvement described in line 13 subparagraph (A) is submitted to a local government, 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 any state or local laws that were in effect 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 improvement if required by a project line 20 that is not eligible to receive ministerial or streamlined approval line 21 pursuant to this section.
line 22 (C) If an application for a public improvement described in line 23 subparagraph (A) is submitted to a local government, the local line 24 government shall not do either of the following:
line 25 (i) Adopt or impose any 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 government, including the provisions of line 33 subdivision (i) of Section 65583.2.
line 34 (2) This section shall not prevent a development from also line 35 qualifying as a housing development 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 Environmental Quality Act (Division 13 line 39 (commencing with Section 21000) of the Public Resources Code) 95 — 91 — AB 3093
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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, convey, or encumber land owned by the local line 4 government or the San Francisco Bay Area Rapid Transit District line 5 or to facilitate the lease, conveyance, 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 any decisions line 10 associated with that lease, or to provide financial assistance to a line 11 development that receives streamlined approval pursuant to this line 12 section that is to be used for housing for persons and families 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 development that receives line 18 streamlined approval pursuant to this section that is to be used for line 19 housing for persons and families of very 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 development or development line 23 project includes both of the following:
line 24 (1) All projects developed on a site, regardless 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 subdivided from the site developed pursuant to this line 29 chapter.
line 30 (m) For purposes of this section, the following 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 95 AB 3093 — 92 —
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line 1 affordable to households making at, or below, 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 “affordable 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 development 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 providing 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 development 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 expenditures” include contributions under line 24 Section 401(a), 501(c), or 501(d) of the Internal Revenue Code line 25 and payments toward “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 affordable housing cost or affordable 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 subdivision (a) line 38 of Section 65400.
line 39 (11) “State agency” includes every state office, officer, line 40 department, division, bureau, board, and commission, but does not 95 — 93 — AB 3093
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line 1 include the California State University or the University of line 2 California.
line 3 (12) (A) “Reporting period” means either of the following:
line 4 (i) The first half of the regional housing needs assessment cycle. line 5 (ii) The last half of the regional housing needs assessment cycle. line 6 (B) Notwithstanding subparagraph (A), “reporting period” line 7 means annually for the City and County of San Francisco. line 8 (13) “Urban uses” means any current or former residential, line 9 commercial, public institutional, transit or transportation passenger line 10 facility, or retail use, or any combination of those uses. line 11 (n) The department may review, adopt, amend, and repeal line 12 guidelines to implement uniform standards or criteria that line 13 supplement or clarify the terms, references, or standards set forth line 14 in this section. Any guidelines or terms adopted pursuant to this line 15 subdivision shall not be subject to Chapter 3.5 (commencing with line 16 Section 11340) of Part 1 of Division 3 of Title 2 of the Government line 17 Code.
line 18 (o) The determination of whether an application for a line 19 development is subject to the streamlined, ministerial approval line 20 process provided by subdivision (c) is not a “project” as defined line 21 in Section 21065 of the Public Resources Code.
line 22 (p) Notwithstanding any law, for purposes of this section and line 23 for development in compliance with the requirements of this line 24 section on property owned by or leased to the state, the Department line 25 of General Services may act in the place of a locality or local line 26 government, at the discretion of the department. line 27 (q) (1) For developments proposed in a census tract that is line 28 designated either as a moderate resource area, low resource area, line 29 or an area of high segregation and poverty on the most recent line 30 “CTCAC/HCD Opportunity Map” published by the California line 31 Tax Credit Allocation Committee and the Department of Housing line 32 and Community Development, within 45 days after receiving a line 33 notice of intent, as described in subdivision (b), and before the line 34 development proponent submits an application for the proposed line 35 development that is subject to the streamlined, ministerial approval line 36 process described in subdivision (c), the local government shall line 37 provide for a public meeting to be held by the city council or line 38 county board of supervisors to provide an opportunity for the public line 39 and the local government to comment on the development. 95 AB 3093 — 94 —
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line 1 (2) The public meeting shall be held at a regular meeting and line 2 be subject to the Ralph M. Brown Act (Chapter 9 (commencing line 3 with Section 54950) of Part 1 of Division 2 of Title 5). line 4 (3) If the development proposal is located within a city with a line 5 population of greater than 250,000 or the unincorporated area of line 6 a county with a population of greater than 250,000, the public line 7 meeting shall be held by the jurisdiction’s planning commission. line 8 (4) Comments may be provided by testimony during the meeting line 9 or in writing at any time before the meeting concludes. line 10 (5) The development proponent shall attest in writing that it line 11 attended the meeting described in paragraph (1) and reviewed the line 12 public testimony and written comments from the meeting in its line 13 application for the proposed development that is subject to the line 14 streamlined, ministerial approval process described in subdivision line 15 (c).
line 16 (6) If the local government fails to hold the hearing described line 17 in paragraph (1) within 45 days after receiving the notice of intent, line 18 the development proponent shall hold a public meeting on the line 19 proposed development before submitting an application pursuant line 20 to this section.
line 21 (r) (1) This section shall not apply to applications for line 22 developments proposed on qualified sites that are submitted on or line 23 after January 1, 2024, but before July 1, 2025. line 24 (2) For purposes of this subdivision, “qualified site” means a line 25 site that meets the following requirements:
line 26 (A) The site is located within an equine or equestrian district line 27 designated by a general plan or specific or master plan, which may line 28 include a specific narrative reference to a geographically line 29 determined area or map of the same. Parcels adjoined and only line 30 separated by a street or highway shall be considered to be within line 31 an equestrian district.
line 32 (B) As of January 1, 2024, the general plan applicable to the line 33 site contains, and has contained for five or more years, an equine line 34 or equestrian district designation where the site is located. line 35 (C) As of January 1, 2024, the equine or equestrian district line 36 applicable to the site is not zoned to include residential uses, but line 37 authorizes residential uses with a conditional use permit. line 38 (D) The applicable local government has an adopted housing line 39 element that is compliant with applicable law.
95 — 95 — AB 3093
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line 1 (3) The Legislature finds and declares that the purpose of this line 2 subdivision is to allow local governments to conduct general plan line 3 updates to align their general plan with applicable zoning changes. line 4 (s) The provisions of clause (iii) of subparagraph (E) of line 5 paragraph (8) of subdivision (a) relating to health care expenditures line 6 are distinct and severable from the remaining provisions of this line 7 section. However, the remaining portions of paragraph (8) of line 8 subdivision (a) are a material and integral part of this section and line 9 are not severable. If any provision or application of paragraph (8) line 10 of subdivision (a) is held invalid, this entire section shall be null line 11 and void.
line 12 (t) (1) The changes made to this section by the act adding this line 13 subdivision shall apply in a coastal zone, as defined in Division line 14 20 (commencing with Section 30000) of the Public Resources line 15 Code, on and after January 1, 2025.
line 16 (2) In an area of the coastal zone not excluded under paragraph line 17 (6) of subdivision (a), a development that satisfies the requirements line 18 of subdivision (a) shall require a coastal development permit line 19 pursuant to Chapter 7 (commencing with Section 30600) of line 20 Division 20 of the Public Resources Code. A public agency with line 21 coastal development permitting authority shall approve a coastal line 22 development permit if it determines that the development is line 23 consistent with all objective standards of the local government’s line 24 certified local coastal program or, for areas that are not subject to line 25 a fully certified local coastal program, the certified land use plan line 26 of that area.
line 27 (3) For purposes of this section, receipt of any density bonus, line 28 concessions, incentives, waivers or reductions of development line 29 standards, and parking ratios to which the applicant is entitled line 30 under Section 65915 shall not constitute a basis to find the project line 31 inconsistent with the local coastal program.
line 32 (u) It is the policy of the state that this section be interpreted line 33 and implemented in a manner to afford the fullest possible weight line 34 to the interest of, and the approval and provision of, increased line 35 housing supply.
line 36 (v) This section shall remain in effect only until January 1, 2036, line 37 and as of that date is repealed.
line 38 SEC. 12. The Legislature finds and declares that the creation line 39 of affordable housing to combat the state’s housing crisis is a line 40 matter of statewide concern and is not a municipal affair as that 95 AB 3093 — 96 —
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line 1 term is used in Section 5 of Article XI of the California line 2 Constitution. Therefore, Sections 1 to 11, inclusive, of this act line 3 amending Sections 65582, 65583, 65583.1, 65583.2, 65584, line 4 65584.01, 65584.04, 65584.07, and 65913.4 of, and adding Section line 5 65583.05 to, the Government Code, apply to all cities, including line 6 charter cities.
line 7 SEC. 13. No reimbursement is required by this act pursuant to line 8 Section 6 of Article XIIIB of the California Constitution because line 9 a local agency or school district has the authority to levy service line 10 charges, fees, or assessments sufficient to pay for the program or line 11 level of service mandated by this act, within the meaning of Section line 12 17556 of the Government Code.
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95 — 97 — AB 3093
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AMENDED IN ASSEMBLY APRIL 25, 2024
california legislature—2023–24 regular session
ASSEMBLY BILL No. 2574
Introduced by Assembly Member Valencia
(Coauthor: Assembly Member Davies)
February 14, 2024
An act to amend Section 11834.23 11833.05 of the Health and Safety Code, relating to alcohol and drug programs.
legislative counsel’s digest
AB 2574, as amended, Valencia. Alcoholism or drug abuse recovery or treatment facilities. programs and facilities: disclosures.
Existing law grants the sole authority in state government to the State Department of Health Care Services to certify alcohol or other drug programs and to license adult alcoholism or drug abuse recovery or treatment facilities. Existing law requires certified programs and licensed facilities to disclose specified information to the department, including ownership or a financial interest in a recovery residence, as defined, and contractual relationships with entities that provide recovery services to clients of certified programs or licensed facilities if the entity is not a part of a certified program or a licensed facility.
This bill would require an organization that operates, conducts, owns, or maintains a certified program or a licensed facility to disclose to the department whether the licensee, or a general partner, director, or officer of the licensee owns or has a financial interest in a recovery residence and whether it has contractual relationships with entities that provide recovery services to clients of certified programs or licensed facilities if the entity is not a part of a certified program or a licensed facility.
Revised 5-15-24—See last page. 98
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Existing law declares that it is the policy of the state that each county and city shall permit and encourage the development of sufficient numbers and types of alcoholism or drug abuse recovery or treatment facilities as are commensurate with local need. Existing law requires an alcoholism or drug abuse recovery or treatment facility that serves 6 or fewer persons to be considered a residential use of property for the purposes of local regulations, regardless of whether or not unrelated persons are living together.
This bill would exempt an unlicensed home for persons recovering from alcoholism or drug abuse in a neighborhood zoned for residential use from being considered a residential use of property when specified evidence demonstrates that the facility is an integral part of a licensed drug treatment facility located elsewhere.
Vote: majority. Appropriation: no. Fiscal committee: no yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 11833.05 of the Health and Safety Code line 2 is amended to read:
line 3 11833.05. (a) All programs Each organization that operates, line 4 conducts, owns, or maintains a program certified by the department line 5 pursuant to Chapter 7.1 (commencing with Section 11832) or line 6 facilities a facility licensed by the department pursuant to Chapter line 7 7.5 (commencing with Section 11834.01) shall disclose to the line 8 department the following information: whether the licensee, or a line 9 general partner, director, or officer of the licensee, has either of line 10 the following:
line 11 (1) Ownership or control of, or financial interest in, a recovery line 12 residence.
line 13 (2) Any contractual relationship with an entity that regularly line 14 provides professional services or addiction treatment or recovery line 15 services to clients of programs certified or facilities licensed by line 16 the department, if the entity is not part of the program certified or line 17 facility licensed by the department.
line 18 (b) All programs certified or facilities licensed by the department line 19 shall make the disclosures pursuant to subdivision (a) upon initial line 20 licensure or certification, upon renewal of licensure or certification, line 21 and upon a licensed facility or certified program acquiring or 98 AB 2574 — 2 —
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line 1 starting a relationship that meets paragraph (1) or (2) of subdivision line 2 (a).
line 3 (c) The department may suspend or revoke the certification of line 4 a program or license of a facility for failing to disclose the line 5 information required in subdivision (a).
line 6 (d) The department shall take action pursuant to Section line 7 11834.31 against an unlicensed facility that is disclosed as a line 8 recovery residence pursuant to paragraph (1) of subdivision (a). line 9 This subdivision does not require an investigation of a recovery line 10 residence that is not alleged to be operating in violation of Section line 11 11834.30.
line 12 (e) The department may refer a substantiated complaint against line 13 a recovery residence to other enforcement entities as appropriate line 14 under state or federal law, including the Department of Insurance, line 15 the Department of Managed Health Care, the Attorney General, line 16 and the United States Attorney General.
line 17 (f) For the purposes of this section, “recovery residence” means line 18 a residential dwelling that provides primary housing for individuals line 19 who seek a cooperative living arrangement that supports personal line 20 recovery from a substance use disorder and that does not require line 21 licensure by the department or does not provide licensable services, line 22 pursuant to Chapter 7.5 (commencing with Section 11834.01). A line 23 recovery residence may include, but is not limited to, residential line 24 dwellings commonly referred to as “sober living homes,” “sober line 25 living environments,” or “unlicensed alcohol and drug free line 26 residences.”
line 27 SECTION 1. Section 11834.23 of the Health and Safety Code line 28 is amended to read:
line 29 11834.23. (a) Whether or not unrelated persons are living line 30 together, an alcoholism or drug abuse recovery or treatment facility line 31 that serves six or fewer persons shall be considered a residential line 32 use of property for the purposes of this article. In addition, the line 33 residents and operators of the facility shall be considered a family line 34 for the purposes of any law or zoning ordinance that relates to the line 35 residential use of property pursuant to this article. line 36 (b) For the purpose of all local ordinances, an alcoholism or line 37 drug abuse recovery or treatment facility that serves six or fewer line 38 persons shall not be included within the definition of a boarding line 39 house, rooming house, institution or home for the care of minors, line 40 the aged, or persons with mental health disorders, foster care home, 98 — 3 — AB 2574
Item: 13
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line 1 guest home, rest home, community residence, or other similar term line 2 that implies that the alcoholism or drug abuse recovery or treatment line 3 home is a business run for profit or differs in any other way from line 4 a single-family residence.
line 5 (c) This section shall not be construed to forbid a city, county, line 6 or other local public entity from placing restrictions on building line 7 heights, setback, lot dimensions, or placement of signs of an line 8 alcoholism or drug abuse recovery or treatment facility that serves line 9 six or fewer persons as long as the restrictions are identical to those line 10 applied to other single-family residences.
line 11 (d) This section shall not be construed to forbid the application line 12 to an alcoholism or drug abuse recovery or treatment facility of line 13 any local ordinance that deals with health and safety, building line 14 standards, environmental impact standards, or any other matter line 15 within the jurisdiction of a local public entity. However, the line 16 ordinance shall not distinguish alcoholism or drug abuse recovery line 17 or treatment facilities that serve six or fewer persons from other line 18 single-family dwellings or distinguish residents of alcoholism or line 19 drug abuse recovery or treatment facilities from persons who reside line 20 in other single-family dwellings.
line 21 (e) No conditional use permit, zoning variance, or other zoning line 22 clearance shall be required of an alcoholism or drug abuse recovery line 23 or treatment facility that serves six or fewer persons that is not line 24 required of a single-family residence in the same zone. line 25 (f) Use of a single-family dwelling for purposes of an alcoholism line 26 or drug abuse recovery facility serving six or fewer persons shall line 27 not constitute a change of occupancy for purposes of Part 1.5 line 28 (commencing with Section 17910) of Division 13 or local building line 29 codes. However, nothing in this section is intended to supersede line 30 Section 13143 or 13143.6, to the extent those sections are line 31 applicable to alcoholism or drug abuse recovery or treatment line 32 facilities serving six or fewer residents.
line 33 (g) (1) A sober living home in a neighborhood zoned for line 34 residential use need not be considered a residential use of property line 35 when evidence demonstrates that the sober living home is an line 36 integral part of a licensed drug treatment facility located elsewhere. line 37 Evidence may include, but not be limited to, any of the following:
line 38 (A) Transportation provided by the licensed facility to and from line 39 the sober living home.
line 40 (B) Advertising connecting the facility to the sober living home. 98 AB 2574 — 4 —
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line 1 (C) Employees of the licensed facilities providing services or line 2 supervision at the sober living home.
line 3 (2) For purposes of this subdivision, “sober living home” means line 4 an unlicensed home for persons recovering from alcoholism or line 5 drug abuse.
line 6
line 7
REVISIONS: line 8
Heading—Line 2. line 9
line 10
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98 — 5 — AB 2574
Item: 13
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AMENDED IN ASSEMBLY APRIL 4, 2024
AMENDED IN ASSEMBLY MARCH 13, 2024
california legislature—2023–24 regular session
ASSEMBLY BILL No. 2081
Introduced by Assembly Member Davies
February 5, 2024
An act to add Section 11831.10 11831.5 to the Health and Safety Code, relating to substance abuse treatment.
legislative counsel’s digest
AB 2081, as amended, Davies. Substance abuse: recovery and treatment programs.
Existing law grants the State Department of Health Care Services the sole authority in state government to license adult alcoholism or drug abuse recovery or treatment facilities. The department is authorized to issue a license to specified types of facilities if certain criteria are met.
Existing law requires licensees to report specified events and incidents to the department, including, among others, the death of a resident at a licensed facility. Existing law authorizes the department to investigate allegations of violations of governing law and take action upon a finding of a violation, as specified.
This bill would require an operator of a licensed alcoholism or drug abuse recovery or treatment facility or certified alcohol or other drug program to include a disclosure on its internet website if a legal, disciplinary, or other enforcement action has been brought by the department and the facility or program was determined to be in violation.
The bill would require the internet website disclosure to include the date and nature of the violation, and require the disclosure to be posted
97 Item: 13
404
no later than 14 business days after the determination of violation. The bill would impose a $2,500 civil penalty for failure to comply with the internet website posting requirement. on its internet website and intake form paperwork a disclosure that an individual may check the internet website of the State Department of Health Care Services to confirm whether the facility’s license or program’s certification has been placed in probationary status, been subject to a temporary suspension order, been revoked, or the operator has been given a notice of operation in violation of law. The bill would require the disclosure to include a link to the department’s internet website that contains the Probationary Status, Temporary Suspension Order, Revoked and Notice of Operation in Violation of Law Program List. The bill would authorize a violation of this requirement to be subject to penalty imposed by the department.
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 11831.5 is added to the Health and Safety line 2 Code, to read:
line 3 11831.5. (a) An operator of a licensed alcoholism or drug line 4 abuse recovery or treatment facility, as defined in Section line 5 11834.02, or a certified alcohol or other drug program shall line 6 include on its internet website and intake form paperwork a line 7 disclosure that an individual may check the internet website of the line 8 Department of Health Care Services to confirm whether the line 9 facility’s license or program’s certification has been placed in line 10 probationary status, been subject to a temporary suspension order, line 11 been revoked, or the operator has been given a notice of operation line 12 in violation of law. The disclosure shall include a link to the line 13 department’s internet website that contains the Probationary line 14 Status, Temporary Suspension Order, Revoked and Notice of line 15 Operation in Violation of Law Program List.
line 16 (b) A violation of subdivision (a) shall be subject to penalty by line 17 the department pursuant to Section 11831.7.
line 18 SECTION 1. Section 11831.10 is added to the Health and line 19 Safety Code, immediately following Section 11831.9, to read:
line 20 11831.10. (a) An operator of a licensed alcoholism or drug line 21 abuse recovery or treatment facility, as defined in Section line 22 11834.02, or a certified alcohol or other drug program shall include 97 AB 2081 — 2 —
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line 1 a disclosure on its internet website if a legal, disciplinary, or other line 2 enforcement action has been brought by the department and the line 3 facility or program has been determined through that action to be line 4 in violation of this chapter. The disclosure shall include the date line 5 of the violation and nature of the violation, and shall be posted line 6 within 14 business days following the determination of violation. line 7 (b) A violation of subdivision (a) shall be subject to a line 8 two-thousand-five-hundred-dollar ($2,500) civil penalty.
O
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AMENDED IN SENATE JUNE 29, 2024
AMENDED IN SENATE JUNE 20, 2024
AMENDED IN SENATE JUNE 5, 2024
AMENDED IN ASSEMBLY MAY 20, 2024
AMENDED IN ASSEMBLY APRIL 11, 2024
AMENDED IN ASSEMBLY APRIL 3, 2024
california legislature—2023–24 regular session
ASSEMBLY BILL No. 2943
Introduced by Assembly Members Zbur and Robert Rivas
(Principal coauthors: Assembly Members Alanis, Haney, Ortega, Pacheco, Petrie-Norris, and Schiavo)
(Coauthors: Assembly Members Cervantes, Gipson,Lackey, Reyes, and Rodriguez) and Reyes)
(Coauthor: Senator Allen)
February 15, 2024
An act to amend Section 853.6 of, to amend, repeal, and add Sections 487 and 836 of, to add and repeal Sections 836, 853.6, and 1001.82 of, and to add Sections 372.7, 496.6, 372.7 and 1203g of, and to repeal and add Section 1001.82 of, to, the Penal Code, relating to crimes, and declaring the urgency thereof, to take effect immediately. crimes. legislative counsel’s digest
AB 2943, as amended, Zbur. Crimes: shoplifting.
(1) Existing law divides theft into grand theft and petty theft. Existing law punishes petty theft as a misdemeanor while grand theft is punished as either a misdemeanor or a felony. Existing law lists specific types
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of theft which are grand theft and all other cases of theft as petty theft.
Existing law authorizes a person to be charged with grand theft if the property taken exceeds $950 over the course of distinct but related acts.
This bill would clarify that those related acts include acts committed against multiple victims or in counties other than the county of the current offense. The bill would also clarify that evidence that distinct acts are motivated by one intention, one general impulse, and one plan may include, but is not limited to, evidence that the acts involve the same defendant or defendants, are substantially similar in nature, or occur within a 90-day period.
(2) Existing law prohibits the possession or receipt of stolen property, as specified. A violation of this prohibition is punishable as either a misdemeanor or a felony, depending on the value of the property and whether the offender has certain prior convictions.
This bill would make it a crime for any person to possess property unlawfully that was acquired through one or more acts of shoplifting, theft, or burglary from a retail business, if the property is not possessed for personal use and the person has intent to sell, exchange, or return the merchandise for value, or the intent to act in concert with one or more persons to sell, exchange, or return the merchandise for value, and the value of the possessed property exceeds $950.
The bill would, for the purpose of determining the value of the property, aggregate the property with any other property possessed by the person with that intent within the prior 2 years and with any property possessed by another person acting in concert with the first person to sell, exchange, or return the merchandise for value, if that property was also acquired unlawfully. The bill would make this crime punishable as a misdemeanor or a felony. By creating a new crime, this bill would impose a state-mandated local program.
(3)
(1) Existing law prohibits shoplifting, defined as entering a commercial establishment with intent to commit theft while that establishment is open during regular business hours, where the value of the property that is taken or intended to be taken does not exceed $950. Existing law requires an act that falls within this definition to be charged as shoplifting and not as burglary or theft. Under existing law, shoplifting is punishable as a misdemeanor, except when the defendant has prior convictions, as specified.
Existing law authorizes a peace officer to make a warrantless arrest for a misdemeanor when the officer has probable cause to believe the 93 AB 2943 — 2 —
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person to be arrested has committed the misdemeanor in the officer’s presence. Existing law also authorizes a private person to make an arrest for a misdemeanor committed in their presence, and requires the person to deliver the arrested person to a peace officer or magistrate. Existing law additionally authorizes a merchant to detain a person for a reasonable time and in a reasonable manner to determine if a person has unlawfully taken merchandise.
Existing law authorizes a peace officer to make a warrantless arrest for specified misdemeanors relating to domestic violence, violation of a restraining order, and carrying a concealed firearm at an airport that did not occur in the officer’s presence.
This bill would authorize a peace officer to make a warrantless arrest for a misdemeanor shoplifting offense not committed in the officer’s presence if the officer has probable cause to believe that person has committed shoplifting, as specified.
The bill would clarify that local law enforcement or a local jurisdiction is prohibited from bringing a nuisance action against a business solely for the act of reporting retail crime, unless the report is knowingly false. (4)
(2) Existing law requires a peace officer to release upon a signed promise to appear any person arrested for a misdemeanor, unless the person demands to be taken before a magistrate. Existing law provides certain reasons a person arrested for a misdemeanor shall not be released including that the person is intoxicated or in need of medical attention, the person is unable to provide satisfactory proof of identification, or there are outstanding arrest warrants for the person. Additionally, existing law exempts from this provision persons arrested for specified crimes including domestic violence, stalking, threatening a witness, and, until January 1, 2026, organized retail theft.
This bill would extend that exemption for organized retail theft until January 1, 2031.
(5)
(3) 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 for persons who commit a theft offense or repeat theft offenses, as specified.
This bill would extend that authorization until January 1, 2031. (6)
(4) Existing law authorizes the court to suspend a criminal sentence and make and enforce terms of probation for a period not to exceed 2 93 — 3 — AB 2943
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years, and in misdemeanor cases, for a period not to exceed one year.
Existing law authorizes the court to make and enforce the terms of probation for specified theft cases for a period not to exceed 3 years.
This bill would, for an offense of shoplifting or petty theft, authorize the court to make and enforce the terms of probation for a period not to exceed 2 years. The bill would require a court that imposes a term longer than one year to consider referring the defendant to a collaborative court or rehabilitation program that is relevant to the underlying factor or factors that led to the commission of the offense, as specified. For a defendant under 25 years of age, the bill would require the court, to the extent such a program is available, to refer the defendant to a program modeled on healing-centered, restorative, trauma-informed, and positive youth development approaches that is provided in collaboration with community-based organizations. By increasing the period of probation, this bill would impose a state-mandated local program.
(7) The bill would make all of these changes inoperative if a specified initiative is approved by the voters.
(8) This bill would incorporate additional changes to Section 487 of the Penal Code that are substantively the same as those proposed by AB 1794 to be operative only if this bill and AB 1794 are enacted and this bill is enacted last.
(9) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(10) This bill would declare that it is to take effect immediately as an urgency statute.
(5) 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, 93 AB 2943 — 4 —
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reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: 2⁄3 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 372.7 is added to the Penal Code, to read:
line 2 372.7. (a) Local law enforcement or a local jurisdiction shall line 3 not bring or threaten a nuisance action pursuant to Section 372 or line 4 373a against a business, or impose fines pursuant to Section 372 line 5 or 373a upon a business, solely for the act of reporting retail crime, line 6 unless the report is knowingly false.
line 7 (b) If the proposed initiative measure titled “The Homelessness, line 8 Drug Addiction, and Theft Reduction Act” (Initiative 23-0017A1) line 9 is approved by the voters at the statewide general election on line 10 November 5, 2024, this section shall become inoperative on the line 11 fifth day after the Secretary of State files the statement of the vote line 12 for the election, and shall be repealed on January 1, 2025. line 13 SEC. 2. Section 487 of the Penal Code is amended to read:
line 14 487. Grand theft is theft committed in any of the following line 15 cases:
line 16 (a) When the money, labor, real property, or personal property line 17 taken is of a value exceeding nine hundred fifty dollars ($950), line 18 except as provided in subdivision (b).
line 19 (b) Notwithstanding subdivision (a), grand theft is committed line 20 in any of the following cases:
line 21 (1) (A) When domestic fowls, avocados, olives, citrus or line 22 deciduous fruits, other fruits, vegetables, nuts, artichokes, or other line 23 farm crops are taken of a value exceeding two hundred fifty dollars line 24 ($250).
line 25 (B) For the purposes of establishing that the value of domestic line 26 fowls, avocados, olives, citrus or deciduous fruits, other fruits, line 27 vegetables, nuts, artichokes, or other farm crops under this line 28 paragraph exceeds two hundred fifty dollars ($250), that value line 29 may be shown by the presentation of credible evidence which line 30 establishes that on the day of the theft domestic fowls, avocados, line 31 olives, citrus or deciduous fruits, other fruits, vegetables, nuts, line 32 artichokes, or other farm crops of the same variety and weight line 33 exceeded two hundred fifty dollars ($250) in wholesale value. 93 — 5 — AB 2943
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line 1 (2) When fish, shellfish, mollusks, crustaceans, kelp, algae, or line 2 other aquacultural products are taken from a commercial or line 3 research operation which is producing that product, of a value line 4 exceeding two hundred fifty dollars ($250).
line 5 (3) Where the money, labor, real property, or personal property line 6 is taken by a servant, agent, or employee from their principal or line 7 employer and aggregates nine hundred fifty dollars ($950) or more line 8 in any 12 consecutive month period.
line 9 (c) When the property is taken from the person of another. line 10 (d) When the property taken is any of the following:
line 11 (1) An automobile.
line 12 (2) A firearm.
line 13 (e) If the value of the money, labor, real property, or personal line 14 property taken exceeds nine hundred fifty dollars ($950) over the line 15 course of distinct but related acts, including acts committed against line 16 multiple victims or in counties other than the county of the current line 17 offense, the value of the money, labor, real property, or personal line 18 property taken may properly be aggregated to charge a count of line 19 grand theft, if the acts are motivated by one intention, one general line 20 impulse, and one plan. Evidence that distinct acts are motivated line 21 by one intention, one general impulse, and one plan may include, line 22 but is not limited to, evidence that the acts involve the same line 23 defendant or defendants, are substantially similar in nature, or line 24 occur within a 90-day period.
line 25 (f) If the proposed initiative measure titled “The Homelessness, line 26 Drug Addiction, and Theft Reduction Act” (Initiative 23-0017A1) line 27 is approved by the voters at the statewide general election on line 28 November 5, 2024, this section shall become inoperative on the line 29 fifth day after the Secretary of State files the statement of the vote line 30 for the election, and shall be repealed on January 1, 2025. line 31 SEC. 2.5. Section 487 of the Penal Code is amended to read:
line 32 487. Grand theft is theft committed in any of the following line 33 cases:
line 34 (a) When the money, labor, real property, or personal property line 35 taken is of a value exceeding nine hundred fifty dollars ($950), line 36 except as provided in subdivision (b).
line 37 (b) Notwithstanding subdivision (a), grand theft is committed line 38 in any of the following cases:
line 39 (1) (A) When domestic fowls, avocados, olives, citrus or line 40 deciduous fruits, other fruits, vegetables, nuts, artichokes, or other 93 AB 2943 — 6 —
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line 1 farm crops are taken of a value exceeding two hundred fifty dollars line 2 ($250).
line 3 (B) For the purposes of establishing that the value of domestic line 4 fowls, avocados, olives, citrus or deciduous fruits, other fruits, line 5 vegetables, nuts, artichokes, or other farm crops under this line 6 paragraph exceeds two hundred fifty dollars ($250), that value line 7 may be shown by the presentation of credible evidence which line 8 establishes that on the day of the theft domestic fowls, avocados, line 9 olives, citrus or deciduous fruits, other fruits, vegetables, nuts, line 10 artichokes, or other farm crops of the same variety and weight line 11 exceeded two hundred fifty dollars ($250) in wholesale value. line 12 (2) When fish, shellfish, mollusks, crustaceans, kelp, algae, or line 13 other aquacultural products are taken from a commercial or line 14 research operation which is producing that product, of a value line 15 exceeding two hundred fifty dollars ($250).
line 16 (3) Where the money, labor, real property, or personal property line 17 is taken by a servant, agent, or employee from their principal or line 18 employer and aggregates nine hundred fifty dollars ($950) or more line 19 in any 12 consecutive month period.
line 20 (c) When the property is taken from the person of another. line 21 (d) When the property taken is any of the following:
line 22 (1) An automobile.
line 23 (2) A firearm.
line 24 (e) (1) If the value of the money, labor, real property, or line 25 personal property taken exceeds nine hundred fifty dollars ($950) line 26 over the course of distinct but related acts, including acts line 27 committed against multiple victims or in counties other than the line 28 county of the current offense, the value of the money, labor, real line 29 property, or personal property taken may properly be aggregated line 30 to charge a count of grand theft, if the acts are motivated by one line 31 intention, one general impulse, and one plan.
line 32 (2) Circumstantial evidence may be used to determine whether line 33 multiple takings are motivated by one intention, general impulse, line 34 and plan. The following types of evidence are relevant, but not line 35 exclusive, in determining whether a defendant acted with a single line 36 intent, impulse, and plan in committing a series of thefts:
line 37 (A) Whether the defendant took particular items of property. line 38 (B) Whether the defendant took the property within a 90-day line 39 period or from a similar location.
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line 1 (C) Whether the defendant employed a single method to take line 2 the property or the acts are substantially similar in nature. line 3 (D) Whether the acts involved the same defendant or defendants. line 4 (f) If the proposed initiative measure titled “The Homelessness, line 5 Drug Addiction, and Theft Reduction Act” (Initiative 23-0017A1) line 6 is approved by the voters at the statewide general election on line 7 November 5, 2024, this section shall become inoperative on the line 8 fifth day after the Secretary of State files the statement of the vote line 9 for the election, and shall be repealed on January 1, 2025. line 10 SEC. 3. Section 487 is added to the Penal Code, to read:
line 11 487. Grand theft is theft committed in any of the following line 12 cases:
line 13 (a) When the money, labor, real property, or personal property line 14 taken is of a value exceeding nine hundred fifty dollars ($950), line 15 except as provided in subdivision (b).
line 16 (b) Notwithstanding subdivision (a), grand theft is committed line 17 in any of the following cases:
line 18 (1) (A) When domestic fowls, avocados, olives, citrus or line 19 deciduous fruits, other fruits, vegetables, nuts, artichokes, or other line 20 farm crops are taken of a value exceeding two hundred fifty dollars line 21 ($250).
line 22 (B) For the purposes of establishing that the value of domestic line 23 fowls, avocados, olives, citrus or deciduous fruits, other fruits, line 24 vegetables, nuts, artichokes, or other farm crops under this line 25 paragraph exceeds two hundred fifty dollars ($250), that value line 26 may be shown by the presentation of credible evidence which line 27 establishes that on the day of the theft domestic fowls, avocados, line 28 olives, citrus or deciduous fruits, other fruits, vegetables, nuts, line 29 artichokes, or other farm crops of the same variety and weight line 30 exceeded two hundred fifty dollars ($250) in wholesale value. line 31 (2) When fish, shellfish, mollusks, crustaceans, kelp, algae, or line 32 other aquacultural products are taken from a commercial or line 33 research operation which is producing that product, of a value line 34 exceeding two hundred fifty dollars ($250).
line 35 (3) Where the money, labor, real property, or personal property line 36 is taken by a servant, agent, or employee from their principal or line 37 employer and aggregates nine hundred fifty dollars ($950) or more line 38 in any 12 consecutive month period.
line 39 (c) When the property is taken from the person of another. line 40 (d) When the property taken is any of the following:
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line 1 (1) An automobile.
line 2 (2) A firearm.
line 3 (e) If the value of the money, labor, real property, or personal line 4 property taken exceeds nine hundred fifty dollars ($950) over the line 5 course of distinct but related acts, the value of the money, labor, line 6 real property, or personal property taken may properly be line 7 aggregated to charge a count of grand theft, if the acts are motivated line 8 by one intention, one general impulse, and one plan. line 9 (f) If the proposed initiative measure titled “The Homelessness, line 10 Drug Addiction, and Theft Reduction Act” (Initiative 23-0017A1) line 11 is approved by the voters at the statewide general election on line 12 November 5, 2024, this section shall become operative on the fifth line 13 day after the Secretary of State files the statement of the vote for line 14 the election.
line 15 SEC. 4. Section 496.6 is added to the Penal Code, to read:
line 16 496.6. (a) Any person who possesses property unlawfully that line 17 was acquired through one or more acts of shoplifting, theft, or line 18 burglary from a retail business, whether or not the person line 19 committed the act of shoplifting, theft, or burglary, is guilty of the line 20 unlawful deprivation of a retail business opportunity when both line 21 of the following apply:
line 22 (1) The property is not possessed for personal use and the person line 23 has the intent to sell, exchange, or return the merchandise for value, line 24 or the intent to act in concert with one or more persons to sell, line 25 exchange, or return the merchandise for value.
line 26 (2) The value of the possessed property exceeds nine hundred line 27 fifty dollars ($950). For purposes of determining the value of the line 28 property, the property described in paragraph (1) can be considered line 29 in the aggregate with either of the following:
line 30 (A) Any other such property possessed by the person with such line 31 intent within the prior two years.
line 32 (B) Any property possessed by another person acting in concert line 33 with the first person to sell, exchange, or return the merchandise line 34 for value, when such property was acquired through one or more line 35 acts of shoplifting, theft, or burglary from a retail business, line 36 regardless of the identity of the person committing the act of line 37 shoplifting, theft, or burglary.
line 38 (b) For the purpose of determining in any proceeding whether line 39 the defendant has the intent to sell, exchange, or return the 93 — 9 — AB 2943
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line 1 merchandise for value, the trier of fact may consider any competent line 2 evidence, including, but not limited to, the following:
line 3 (1) Whether the defendant has in the prior two years sold, line 4 exchanged, or returned for value merchandise acquired through line 5 shoplifting, theft, or burglary from a retail business, or through line 6 any related offense, including any conduct that occurred in other line 7 jurisdictions, if relevant to demonstrate a fact other than the line 8 defendant’s disposition to commit the act, as provided by line 9 subdivision (b) of Section 1101 of the Evidence Code. line 10 (2) The property involved in the offense is of a type or quantity line 11 that would not normally be purchased for personal use or line 12 consumption, including use or consumption by one’s immediate line 13 family.
line 14 (c) The criminal deprivation of a retail business opportunity is line 15 punishable by imprisonment in the county jail for up to one year line 16 or pursuant to subdivision (h) of Section 1170. line 17 (d) If the proposed initiative measure titled “The Homelessness, line 18 Drug Addiction, and Theft Reduction Act” (Initiative 23-0017A1) line 19 is approved by the voters at the statewide general election on line 20 November 5, 2024, this section shall become inoperative on the line 21 fifth day after the Secretary of State files the statement of the vote line 22 for the election, and shall be repealed on January 1, 2025. line 23 SEC. 5.
line 24 SEC. 2. Section 836 of the Penal Code is amended to read:
line 25 836. (a) A peace officer may arrest a person in obedience to line 26 a warrant, or, pursuant to the authority granted by Chapter 4.5 line 27 (commencing with Section 830) of Title 3 of Part 2, without a line 28 warrant, may arrest a person whenever any of the following line 29 circumstances occur:
line 30 (1) The officer has probable cause to believe that the person to line 31 be arrested has committed a public offense in the officer’s presence. line 32 (2) The person arrested has committed a felony, although not line 33 in the officer’s presence.
line 34 (3) The officer has probable cause to believe that the person to line 35 be arrested has committed a felony, whether or not a felony, in line 36 fact, has been committed.
line 37 (b) Any time a peace officer is called out on a domestic violence line 38 call, it shall be mandatory that the officer make a good faith effort line 39 to inform the victim of their right to make a citizen’s arrest, unless line 40 the peace officer makes an arrest for a violation of paragraph (1) 93 AB 2943 — 10 —
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line 1 of subdivision (e) of Section 243 or of Section 273.5. This line 2 information shall include advising the victim how to safely execute line 3 the arrest.
line 4 (c) (1) When a peace officer is responding to a call alleging a line 5 violation of a domestic violence protective or restraining order line 6 issued under Section 527.6 of the Code of Civil Procedure, the line 7 Family Code, Section 136.2, 646.91, or paragraph (2) of line 8 subdivision (a) of Section 1203.097 of this code, Section 213.5 or line 9 15657.03 of the Welfare and Institutions Code, or of a domestic line 10 violence protective or restraining order issued by the court of line 11 another state, tribe, or territory and the peace officer has probable line 12 cause to believe that the person against whom the order is issued line 13 has notice of the order and has committed an act in violation of line 14 the order, the officer shall, consistent with subdivision (b) of line 15 Section 13701, make a lawful arrest of the person without a warrant line 16 and take that person into custody whether or not the violation line 17 occurred in the presence of the arresting officer. The officer shall, line 18 as soon as possible after the arrest, confirm with the appropriate line 19 authorities or the Domestic Violence Protection Order Registry line 20 maintained pursuant to Section 6380 of the Family Code that a line 21 true copy of the protective order has been registered, unless the line 22 victim provides the officer with a copy of the protective order. line 23 (2) The person against whom a protective order has been issued line 24 shall be deemed to have notice of the order if the victim presents line 25 to the officer proof of service of the order, the officer confirms line 26 with the appropriate authorities that a true copy of the proof of line 27 service is on file, or the person against whom the protective order line 28 was issued was present at the protective order hearing or was line 29 informed by a peace officer of the contents of the protective order. line 30 (3) In situations where mutual protective orders have been issued line 31 under Division 10 (commencing with Section 6200) of the Family line 32 Code, liability for arrest under this subdivision applies only to line 33 those persons who are reasonably believed to have been the line 34 dominant aggressor. In those situations, prior to making an arrest line 35 under this subdivision, the peace officer shall make reasonable line 36 efforts to identify, and may arrest, the dominant aggressor involved line 37 in the incident. The dominant aggressor is the person determined line 38 to be the most significant, rather than the first, aggressor. In line 39 identifying the dominant aggressor, an officer shall consider (A) line 40 the intent of the law to protect victims of domestic violence from 93 — 11 — AB 2943
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line 1 continuing abuse, (B) the threats creating fear of physical injury, line 2 (C) the history of domestic violence between the persons involved, line 3 and (D) whether either person involved acted in self-defense. line 4 (d) Notwithstanding paragraph (1) of subdivision (a), if a suspect line 5 commits an assault or battery upon a current or former spouse, line 6 fiancé, fiancée, a current or former cohabitant as defined in Section line 7 6209 of the Family Code, a person with whom the suspect currently line 8 is having or has previously had an engagement or dating line 9 relationship, as defined in paragraph (10) of subdivision (f) of line 10 Section 243, a person with whom the suspect has parented a child, line 11 or is presumed to have parented a child pursuant to the Uniform line 12 Parentage Act (Part 3 (commencing with Section 7600) of Division line 13 12 of the Family Code), a child of the suspect, a child whose line 14 parentage by the suspect is the subject of an action under the line 15 Uniform Parentage Act, a child of a person in one of the above line 16 categories, any other person related to the suspect by consanguinity line 17 or affinity within the second degree, or any person who is 65 years line 18 of age or older and who is related to the suspect by blood or legal line 19 guardianship, a peace officer may arrest the suspect without a line 20 warrant where both of the following circumstances apply:
line 21 (1) The peace officer has probable cause to believe that the line 22 person to be arrested has committed the assault or battery, whether line 23 or not it has in fact been committed.
line 24 (2) The peace officer makes the arrest as soon as probable cause line 25 arises to believe that the person to be arrested has committed the line 26 assault or battery, whether or not it has in fact been committed. line 27 (e) In addition to the authority to make an arrest without a line 28 warrant pursuant to paragraphs (1) and (3) of subdivision (a), a line 29 peace officer may, without a warrant, arrest a person for a violation line 30 of Section 25400 when all of the following apply:
line 31 (1) The officer has reasonable cause to believe that the person line 32 to be arrested has committed the violation of Section 25400. line 33 (2) The violation of Section 25400 occurred within an airport, line 34 as defined in Section 21013 of the Public Utilities Code, in an area line 35 to which access is controlled by the inspection of persons and line 36 property.
line 37 (3) The peace officer makes the arrest as soon as reasonable line 38 cause arises to believe that the person to be arrested has committed line 39 the violation of Section 25400.
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line 1 (f) In addition to the authority to make an arrest without a line 2 warrant pursuant to paragraphs (1) and (3) of subdivision (a), a line 3 peace officer may, without a warrant, arrest a person for a violation line 4 of Section 459.5 when the violation was not committed in the line 5 officer’s presence if all of the following conditions are met:
line 6 (1) The officer has probable cause to believe the person line 7 committed the violation.
line 8 (2) The arrest is made without undue delay after the violation. line 9 (3) Any of the following takes place:
line 10 (A) The officer obtains a sworn statement from a person who line 11 witnessed the person to be arrested committing the alleged line 12 violation.
line 13 (B) The officer observes video footage that shows the person line 14 to be arrested committing the alleged violation. line 15 (C) The person to be arrested possesses a quantity of goods line 16 inconsistent with personal use and the goods bear security devices line 17 affixed by a retailer that would customarily be removed upon line 18 purchase.
line 19 (D) The person to be arrested confesses to the alleged violation line 20 to the arresting officer.
line 21 (g) If the proposed initiative measure titled “The Homelessness, line 22 Drug Addiction, and Theft Reduction Act” (Initiative 23-0017A1) line 23 is approved by the voters at the statewide general election on line 24 November 5, 2024, this section shall become inoperative on the line 25 fifth day after the Secretary of State files the statement of the vote line 26 for the election, and shall be repealed on January 1, 2025. line 27 SEC. 6. Section 836 is added to the Penal Code, to read:
line 28 836. (a) A peace officer may arrest a person in obedience to line 29 a warrant, or, pursuant to the authority granted by Chapter 4.5 line 30 (commencing with Section 830) of Title 3 of Part 2, without a line 31 warrant, may arrest a person whenever any of the following line 32 circumstances occur:
line 33 (1) The officer has probable cause to believe that the person to line 34 be arrested has committed a public offense in the officer’s presence. line 35 (2) The person arrested has committed a felony, although not line 36 in the officer’s presence.
line 37 (3) The officer has probable cause to believe that the person to line 38 be arrested has committed a felony, whether or not a felony, in line 39 fact, has been committed.
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line 1 (b) Any time a peace officer is called out on a domestic violence line 2 call, it shall be mandatory that the officer make a good faith effort line 3 to inform the victim of their right to make a citizen’s arrest, unless line 4 the peace officer makes an arrest for a violation of paragraph (1) line 5 of subdivision (e) of Section 243 or of Section 273.5. This line 6 information shall include advising the victim how to safely execute line 7 the arrest.
line 8 (c) (1) When a peace officer is responding to a call alleging a line 9 violation of a domestic violence protective or restraining order line 10 issued under Section 527.6 of the Code of Civil Procedure, the line 11 Family Code, Section 136.2, 646.91, or paragraph (2) of line 12 subdivision (a) of Section 1203.097 of this code, Section 213.5 or line 13 15657.03 of the Welfare and Institutions Code, or of a domestic line 14 violence protective or restraining order issued by the court of line 15 another state, tribe, or territory and the peace officer has probable line 16 cause to believe that the person against whom the order is issued line 17 has notice of the order and has committed an act in violation of line 18 the order, the officer shall, consistent with subdivision (b) of line 19 Section 13701, make a lawful arrest of the person without a warrant line 20 and take that person into custody whether or not the violation line 21 occurred in the presence of the arresting officer. The officer shall, line 22 as soon as possible after the arrest, confirm with the appropriate line 23 authorities or the Domestic Violence Protection Order Registry line 24 maintained pursuant to Section 6380 of the Family Code that a line 25 true copy of the protective order has been registered, unless the line 26 victim provides the officer with a copy of the protective order. line 27 (2) The person against whom a protective order has been issued line 28 shall be deemed to have notice of the order if the victim presents line 29 to the officer proof of service of the order, the officer confirms line 30 with the appropriate authorities that a true copy of the proof of line 31 service is on file, or the person against whom the protective order line 32 was issued was present at the protective order hearing or was line 33 informed by a peace officer of the contents of the protective order. line 34 (3) In situations where mutual protective orders have been issued line 35 under Division 10 (commencing with Section 6200) of the Family line 36 Code, liability for arrest under this subdivision applies only to line 37 those persons who are reasonably believed to have been the line 38 dominant aggressor. In those situations, prior to making an arrest line 39 under this subdivision, the peace officer shall make reasonable line 40 efforts to identify, and may arrest, the dominant aggressor involved 93 AB 2943 — 14 —
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line 1 in the incident. The dominant aggressor is the person determined line 2 to be the most significant, rather than the first, aggressor. In line 3 identifying the dominant aggressor, an officer shall consider (A) line 4 the intent of the law to protect victims of domestic violence from line 5 continuing abuse, (B) the threats creating fear of physical injury, line 6 (C) the history of domestic violence between the persons involved, line 7 and (D) whether either person involved acted in self-defense. line 8 (d) Notwithstanding paragraph (1) of subdivision (a), if a suspect line 9 commits an assault or battery upon a current or former spouse, line 10 fiancé, fiancée, a current or former cohabitant as defined in Section line 11 6209 of the Family Code, a person with whom the suspect currently line 12 is having or has previously had an engagement or dating line 13 relationship, as defined in paragraph (10) of subdivision (f) of line 14 Section 243, a person with whom the suspect has parented a child, line 15 or is presumed to have parented a child pursuant to the Uniform line 16 Parentage Act (Part 3 (commencing with Section 7600) of Division line 17 12 of the Family Code), a child of the suspect, a child whose line 18 parentage by the suspect is the subject of an action under the line 19 Uniform Parentage Act, a child of a person in one of the above line 20 categories, any other person related to the suspect by consanguinity line 21 or affinity within the second degree, or any person who is 65 years line 22 of age or older and who is related to the suspect by blood or legal line 23 guardianship, a peace officer may arrest the suspect without a line 24 warrant where both of the following circumstances apply:
line 25 (1) The peace officer has probable cause to believe that the line 26 person to be arrested has committed the assault or battery, whether line 27 or not it has in fact been committed.
line 28 (2) The peace officer makes the arrest as soon as probable cause line 29 arises to believe that the person to be arrested has committed the line 30 assault or battery, whether or not it has in fact been committed. line 31 (e) In addition to the authority to make an arrest without a line 32 warrant pursuant to paragraphs (1) and (3) of subdivision (a), a line 33 peace officer may, without a warrant, arrest a person for a violation line 34 of Section 25400 when all of the following apply:
line 35 (1) The officer has reasonable cause to believe that the person line 36 to be arrested has committed the violation of Section 25400. line 37 (2) The violation of Section 25400 occurred within an airport, line 38 as defined in Section 21013 of the Public Utilities Code, in an area line 39 to which access is controlled by the inspection of persons and line 40 property.
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line 1 (3) The peace officer makes the arrest as soon as reasonable line 2 cause arises to believe that the person to be arrested has committed line 3 the violation of Section 25400.
line 4 (f) If the proposed initiative measure titled “The Homelessness, line 5 Drug Addiction, and Theft Reduction Act” (Initiative 23-0017A1) line 6 is approved by the voters at the statewide general election on line 7 November 5, 2024, this section shall become operative on the fifth line 8 day after the Secretary of State files the statement of the vote for line 9 the election.
line 10 SEC. 7.
line 11 SEC. 3. Section 853.6 of the Penal Code, as amended by line 12 Section 1 of Chapter 856 of the Statutes of 2022, is amended to line 13 read:
line 14 853.6. (a) (1) When a person is arrested for an offense declared line 15 to be a misdemeanor, including a violation of a city or county line 16 ordinance, and does not demand to be taken before a magistrate, line 17 that person shall, instead of being taken before a magistrate, be line 18 released according to the procedures set forth by this chapter, line 19 although nothing prevents an officer from first booking an arrestee line 20 pursuant to subdivision (g). If the person is released, the officer line 21 or the officer’s superior shall prepare in duplicate a written notice line 22 to appear in court, containing the name and address of the person, line 23 the offense charged, and the time when, and place where, the line 24 person shall appear in court. If, pursuant to subdivision (i), the line 25 person is not released prior to being booked and the officer in line 26 charge of the booking or the officer’s superior determines that the line 27 person should be released, the officer or the officer’s superior shall line 28 prepare a written notice to appear in a court.
line 29 (2) When a person is arrested for a misdemeanor violation of a line 30 protective court order involving domestic violence, as defined in line 31 Section 13700, or arrested pursuant to a policy, as described in line 32 Section 13701, the person shall be taken before a magistrate instead line 33 of being released according to the procedures set forth in this line 34 chapter, unless the arresting officer determines that there is not a line 35 reasonable likelihood that the offense will continue or resume or line 36 that the safety of persons or property would be imminently line 37 endangered by release of the person arrested. Prior to adopting line 38 these provisions, each city, county, or city and county shall develop line 39 a protocol to assist officers to determine when arrest and release line 40 is appropriate, rather than taking the arrested person before a 93 AB 2943 — 16 —
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line 1 magistrate. The county shall establish a committee to develop the line 2 protocol, consisting of, at a minimum, the police chief or county line 3 sheriff within the jurisdiction, the district attorney, county counsel, line 4 city attorney, representatives from domestic violence shelters, line 5 domestic violence councils, and other relevant community line 6 agencies.
line 7 (3) This subdivision does not apply to the crimes specified in line 8 Section 1270.1, including crimes defined in each of the following:
line 9 (A) Paragraph (1) of subdivision (e) of Section 243. line 10 (B) Section 273.5.
line 11 (C) Section 273.6, if the detained person made threats to kill or line 12 harm, has engaged in violence against, or has gone to the residence line 13 or workplace of, the protected party.
line 14 (D) Section 646.9.
line 15 (4) This subdivision shall not affect a defendant’s ability to be line 16 released on bail or on their own recognizance, except as specified line 17 in Section 1270.1.
line 18 (b) Unless waived by the person, the time specified in the notice line 19 to appear shall be at least 10 days after arrest if the duplicate notice line 20 is to be filed by the officer with the magistrate. line 21 (c) The place specified in the notice shall be the court of the line 22 magistrate before whom the person would be taken if the line 23 requirement of taking an arrested person before a magistrate were line 24 complied with, or shall be an officer authorized by that court to line 25 receive a deposit of bail.
line 26 (d) The officer shall deliver one copy of the notice to appear to line 27 the arrested person, and the arrested person, in order to secure line 28 release, shall give their written promise to appear in court as line 29 specified in the notice by signing the duplicate notice, which shall line 30 be retained by the officer, and the officer may require the arrested line 31 person, if the arrested person has no satisfactory identification, to line 32 place a right thumbprint, or a left thumbprint or fingerprint if the line 33 person has a missing or disfigured right thumb, on the notice to line 34 appear. Except for law enforcement purposes relating to the identity line 35 of the arrestee, a person or entity shall not sell, give away, allow line 36 the distribution of, include in a database, or create a database with, line 37 this print. Upon the signing of the duplicate notice, the arresting line 38 officer shall immediately release the person arrested from custody. line 39 (e) The officer shall, as soon as practicable, file the duplicate line 40 notice, as follows:
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line 1 (1) It shall be filed with the magistrate if the offense charged is line 2 an infraction.
line 3 (2) It shall be filed with the magistrate if the prosecuting attorney line 4 has previously directed the officer to do so.
line 5 (3) (A) The duplicate notice and underlying police reports in line 6 support of the charge or charges shall be filed with the prosecuting line 7 attorney in cases other than those specified in paragraphs (1) and line 8 (2).
line 9 (B) If the duplicate notice is filed with the prosecuting attorney, line 10 the prosecuting attorney, within their discretion, may initiate line 11 prosecution by filing the notice or a formal complaint with the line 12 magistrate specified in the duplicate notice within 25 days from line 13 the time of arrest. If the prosecution is not to be initiated, the line 14 prosecutor shall send notice to the person arrested at the address line 15 on the notice to appear. The failure by the prosecutor to file the line 16 notice or formal complaint within 25 days of the time of the arrest line 17 shall not bar further prosecution of the misdemeanor charged in line 18 the notice to appear. However, any further prosecution shall be line 19 preceded by a new and separate citation or an arrest warrant. line 20 (C) Upon the filing of the notice with the magistrate by the line 21 officer, or the filing of the notice or formal complaint by the line 22 prosecutor, the magistrate may fix the amount of bail that in the line 23 magistrate’s judgment, in accordance with Section 1275, is line 24 reasonable and sufficient for the appearance of the defendant and line 25 shall endorse upon the notice a statement signed by the magistrate line 26 in the form set forth in Section 815a. The defendant may, prior to line 27 the date upon which the defendant promised to appear in court, line 28 deposit with the magistrate the amount of bail set by the magistrate. line 29 At the time the case is called for arraignment before the magistrate, line 30 if the defendant does not appear, either in person or by counsel, line 31 the magistrate may declare the bail forfeited, and may, in the line 32 magistrate’s discretion, order that further proceedings shall not be line 33 had in the case, unless the defendant has been charged with a line 34 violation of Section 374.3 or 374.7 of this code or of Section line 35 11357, 11360, or 13002 of the Health and Safety Code, or a line 36 violation punishable under Section 5008.7 of the Public Resources line 37 Code, and the defendant has previously been convicted of a line 38 violation of that section or a violation that is punishable under that line 39 section, except when the magistrate finds that undue hardship will line 40 be imposed upon the defendant by requiring the defendant to 93 AB 2943 — 18 —
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line 1 appear, the magistrate may declare the bail forfeited and order that line 2 further proceedings not be had in the case.
line 3 (D) Upon the making of the order that further proceedings not line 4 be had, all sums deposited as bail shall immediately be paid into line 5 the county treasury for distribution pursuant to Section 1463. line 6 (f) A warrant shall not be issued for the arrest of a person who line 7 has given a written promise to appear in court, unless and until the line 8 person has violated that promise or has failed to deposit bail, to line 9 appear for arraignment, trial, or judgment, or to comply with the line 10 terms and provisions of the judgment, as required by law. line 11 (g) The officer may book the arrested person at the scene or at line 12 the arresting agency prior to release or indicate on the citation that line 13 the arrested person shall appear at the arresting agency to be booked line 14 or indicate on the citation that the arrested person shall appear at line 15 the arresting agency to be fingerprinted prior to the date the arrested line 16 person appears in court. If it is indicated on the citation that the line 17 arrested person shall be booked or fingerprinted prior to the date line 18 of the person’s court appearance, the arresting agency, at the time line 19 of booking or fingerprinting, shall provide the arrested person with line 20 verification of the booking or fingerprinting by making an entry line 21 on the citation. If it is indicated on the citation that the arrested line 22 person is to be booked or fingerprinted, the magistrate, judge, or line 23 court shall, before the proceedings begin, order the defendant to line 24 provide verification that the defendant was booked or fingerprinted line 25 by the arresting agency. If the defendant cannot produce the line 26 verification, the magistrate, judge, or court shall require that the line 27 defendant be booked or fingerprinted by the arresting agency before line 28 the next court appearance, and that the defendant provide the line 29 verification at the next court appearance unless both parties line 30 stipulate that booking or fingerprinting is not necessary. line 31 (h) A peace officer shall use the written notice to appear line 32 procedure set forth in this section for any misdemeanor offense in line 33 which the officer has arrested a person without a warrant pursuant line 34 to Section 836 or in which the officer has taken custody of a person line 35 pursuant to Section 847.
line 36 (i) When a person is arrested by a peace officer for a line 37 misdemeanor, that person shall be released according to the line 38 procedures set forth in this chapter unless one of the following is line 39 a reason for nonrelease, in which case the arresting officer may line 40 release the person, except as provided in subdivision (a), or the 93 — 19 — AB 2943
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line 1 arresting officer shall indicate, on a form to be established by the line 2 officer’s employing law enforcement agency, which of the line 3 following was a reason for the nonrelease:
line 4 (1) The person arrested was so intoxicated that they could have line 5 been a danger to themselves or to others.
line 6 (2) The person arrested required medical examination or medical line 7 care or was otherwise unable to care for their own safety. line 8 (3) The person was arrested under one or more of the line 9 circumstances listed in Sections 40302 and 40303 of the Vehicle line 10 Code.
line 11 (4) There were one or more outstanding arrest warrants for the line 12 person.
line 13 (5) The person could not provide satisfactory evidence of line 14 personal identification.
line 15 (6) The prosecution of the offense or offenses for which the line 16 person was arrested, or the prosecution of any other offense or line 17 offenses, would be jeopardized by immediate release of the person line 18 arrested.
line 19 (7) There was a reasonable likelihood that the offense or offenses line 20 would continue or resume, or that the safety of persons or property line 21 would be imminently endangered by release of the person arrested. line 22 (8) The person arrested demanded to be taken before a line 23 magistrate or refused to sign the notice to appear. line 24 (9) There is reason to believe that the person would not appear line 25 at the time and place specified in the notice. The basis for this line 26 determination shall be specifically stated.
line 27 (10) (A) The person was subject to Section 1270.1. line 28 (B) The form shall be filed with the arresting agency as soon line 29 as practicable and shall be made available to any party having line 30 custody of the arrested person, subsequent to the arresting officer, line 31 and to any person authorized by law to release the arrested person line 32 from custody before trial.
line 33 (11) The person has been cited, arrested, or convicted for line 34 misdemeanor or felony theft from a store in the previous six line 35 months.
line 36 (12) There is probable cause to believe that the person arrested line 37 is guilty of committing organized retail theft, as defined in line 38 subdivision (a) of Section 490.4.
line 39 (j) (1) Once the arresting officer has prepared the written notice line 40 to appear and has delivered a copy to the person arrested, the officer 93 AB 2943 — 20 —
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line 1 shall deliver the remaining original and all copies as provided by line 2 subdivision (e).
line 3 (2) Any person, including the arresting officer and any member line 4 of the officer’s department or agency, or any peace officer, who line 5 alters, conceals, modifies, nullifies, or destroys, or causes to be line 6 altered, concealed, modified, nullified, or destroyed, the face side line 7 of the remaining original or a copy of a citation that was retained line 8 by the officer, for any reason, before it is filed with the magistrate line 9 or with a person authorized by the magistrate to receive deposit line 10 of bail, is guilty of a misdemeanor.
line 11 (3) If, after an arrested person has signed and received a copy line 12 of a notice to appear, the arresting officer determines that, in the line 13 interest of justice, the citation or notice should be dismissed, the line 14 arresting agency may recommend, in writing, to the magistrate line 15 that the charges be dismissed. The recommendation shall cite the line 16 reasons for the recommendation and shall be filed with the court. line 17 (4) If the magistrate makes a finding that there are grounds for line 18 dismissal, the finding shall be entered in the record and the charges line 19 dismissed.
line 20 (5) A personal relationship with any officer, public official, or line 21 law enforcement agency shall not be grounds for dismissal. line 22 (k) (1) A person contesting a charge by claiming under penalty line 23 of perjury not to be the person issued the notice to appear may line 24 choose to submit a right thumbprint, or a left thumbprint if the line 25 person has a missing or disfigured right thumb, to the issuing court line 26 through the person’s local law enforcement agency for comparison line 27 with the one placed on the notice to appear. A local law line 28 enforcement agency providing this service may charge the requester line 29 no more than the actual costs. The issuing court may refer the line 30 thumbprint submitted and the notice to appear to the prosecuting line 31 attorney for comparison of the thumbprints. When there is no line 32 thumbprint or fingerprint on the notice to appear, or when the line 33 comparison of thumbprints is inconclusive, the court shall refer line 34 the notice to appear or copy thereof back to the issuing agency for line 35 further investigation, unless the court finds that referral is not in line 36 the interest of justice.
line 37 (2) Upon initiation of the investigation or comparison process line 38 by referral of the court, the court shall continue the case and the line 39 speedy trial period shall be tolled for 45 days. 93 — 21 — AB 2943
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line 1 (3) Upon receipt of the issuing agency’s or prosecuting line 2 attorney’s response, the court may make a finding of factual line 3 innocence pursuant to Section 530.6 if the court determines that line 4 there is insufficient evidence that the person cited is the person line 5 charged and shall immediately notify the Department of Motor line 6 Vehicles of its determination. If the Department of Motor Vehicles line 7 determines the citation or citations in question formed the basis line 8 of a suspension or revocation of the person’s driving privilege, the line 9 department shall immediately set aside the action. line 10 (4) If the prosecuting attorney or issuing agency fails to respond line 11 to a court referral within 45 days, the court shall make a finding line 12 of factual innocence pursuant to Section 530.6, unless the court line 13 finds that a finding of factual innocence is not in the interest of line 14 justice.
line 15 (5) The citation or notice to appear may be held by the line 16 prosecuting attorney or issuing agency for future adjudication line 17 should the arrestee who received the citation or notice to appear line 18 be found.
line 19 (l) For purposes of this section, the term “arresting agency” line 20 includes any other agency designated by the arresting agency to line 21 provide booking or fingerprinting services.
line 22 (m) (1) If the proposed initiative measure titled “The line 23 Homelessness, Drug Addiction, and Theft Reduction Act” line 24 (Initiative 23-0017A1) is approved by the voters at the statewide line 25 general election on November 5, 2024, this section shall become line 26 inoperative on January 1, 2026, and as of that date is repealed. line 27 (2) If the proposed initiative measure titled “The Homelessness, line 28 Drug Addiction, and Theft Reduction Act” (Initiative 23-0017A1) line 29 is not approved by the voters at the statewide general election on line 30 November 5, 2024, this section shall become inoperative on line 31 January 1, 2031, and as of that date is repealed. line 32 (m) This section shall remain in effect only until January 1, line 33 2031, and as of that date is repealed.
line 34 SEC. 8.
line 35 SEC. 4. Section 853.6 of the Penal Code, as added by Section line 36 2 of Chapter 856 of the Statutes of 2022, is amended to read:
line 37 853.6. (a) (1) When a person is arrested for an offense declared line 38 to be a misdemeanor, including a violation of a city or county line 39 ordinance, and does not demand to be taken before a magistrate, line 40 that person shall, instead of being taken before a magistrate, be 93 AB 2943 — 22 —
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line 1 released according to the procedures set forth by this chapter, line 2 however an officer may first book an arrestee pursuant to line 3 subdivision (g). If the person is released, the officer or the officer’s line 4 superior shall prepare, in duplicate, a written notice to appear in line 5 court, containing the name and address of the person, the offense line 6 charged, and the time when, and place where, the person shall line 7 appear in court. If, pursuant to subdivision (i), the person is not line 8 released prior to being booked and the officer in charge of the line 9 booking or the officer’s superior determines that the person should line 10 be released, the officer or the officer’s superior shall prepare a line 11 written notice to appear in a court.
line 12 (2) When a person is arrested for a misdemeanor violation of a line 13 protective court order involving domestic violence, as defined in line 14 subdivision (b) of Section 13700, or arrested pursuant to a policy line 15 described in Section 13701, the person shall be taken before a line 16 magistrate instead of being released according to the procedures line 17 set forth in this chapter, unless the arresting officer determines that line 18 there is not a reasonable likelihood that the offense will continue line 19 or resume or that the safety of persons or property would be line 20 imminently endangered by release of the person arrested. Prior to line 21 adopting these provisions, each city, county, or city and county line 22 shall develop a protocol to assist officers to determine when arrest line 23 and release is appropriate, rather than taking the arrested person line 24 before a magistrate. The county shall establish a committee to line 25 develop the protocol, consisting of, at a minimum, the police chief line 26 or county sheriff within the jurisdiction, the district attorney, county line 27 counsel, city attorney, representatives from domestic violence line 28 shelters, domestic violence councils, and other relevant community line 29 agencies.
line 30 (3) This subdivision shall not apply to the crimes specified in line 31 Section 1270.1, including crimes defined in each of the following:
line 32 (A) Paragraph (1) of subdivision (e) of Section 243. line 33 (B) Section 273.5.
line 34 (C) Section 273.6, if the detained person made threats to kill or line 35 harm, has engaged in violence against, or has gone to the residence line 36 or workplace of, the protected party.
line 37 (D) Section 646.9.
line 38 (4) This subdivision does not affect a defendant’s ability to be line 39 released on bail or on their own recognizance, except as specified line 40 in Section 1270.1.
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line 1 (b) Unless waived by the person, the time specified in the notice line 2 to appear shall be at least 10 days after arrest if the duplicate notice line 3 is to be filed by the officer with the magistrate. line 4 (c) The place specified in the notice shall be the court of the line 5 magistrate before whom the person would be taken if the line 6 requirement of taking an arrested person before a magistrate were line 7 complied with, or shall be an officer authorized by that court to line 8 receive a deposit of bail.
line 9 (d) The officer shall deliver one copy of the notice to appear to line 10 the arrested person, and the arrested person, in order to secure line 11 release, shall give their written promise to appear in court as line 12 specified in the notice by signing the duplicate notice, which shall line 13 be retained by the officer. The officer may require the arrested line 14 person, if the arrested person has no satisfactory identification, to line 15 place a right thumbprint, or a left thumbprint or fingerprint if the line 16 person has a missing or disfigured right thumb, on the notice to line 17 appear. Except for law enforcement purposes relating to the identity line 18 of the arrestee, a person or entity may not sell, give away, allow line 19 the distribution of, include in a database, or create a database with, line 20 this print. Upon the person signing the duplicate notice, the line 21 arresting officer shall immediately release the person arrested from line 22 custody.
line 23 (e) The officer shall, as soon as practicable, file the duplicate line 24 notice, as follows:
line 25 (1) It shall be filed with the magistrate if the offense charged is line 26 an infraction.
line 27 (2) It shall be filed with the magistrate if the prosecuting attorney line 28 has previously directed the officer to do so.
line 29 (3) (A) The duplicate notice and underlying police reports in line 30 support of the charge or charges shall be filed with the prosecuting line 31 attorney in cases other than those specified in paragraphs (1) and line 32 (2).
line 33 (B) If the duplicate notice is filed with the prosecuting attorney, line 34 the prosecuting attorney, within their discretion, may initiate line 35 prosecution by filing the notice or a formal complaint with the line 36 magistrate specified in the duplicate notice within 25 days from line 37 the time of arrest. If the prosecution is not to be initiated, the line 38 prosecutor shall send notice to the person arrested at the address line 39 on the notice to appear. The failure by the prosecutor to file the line 40 notice or formal complaint within 25 days of the time of the arrest 93 AB 2943 — 24 —
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line 1 shall not bar further prosecution of the misdemeanor charged in line 2 the notice to appear. However, any further prosecution shall be line 3 preceded by a new and separate citation or an arrest warrant. line 4 (C) Upon the filing of the notice with the magistrate by the line 5 officer, or the filing of the notice or formal complaint by the line 6 prosecutor, the magistrate may fix the amount of bail that in the line 7 magistrate’s judgment, in accordance with Section 1275, is line 8 reasonable and sufficient for the appearance of the defendant and line 9 shall endorse upon the notice a statement signed by the magistrate line 10 in the form set forth in Section 815a. The defendant may, prior to line 11 the date upon which the defendant promised to appear in court, line 12 deposit with the magistrate the amount of bail set by the magistrate. line 13 When the case is called for arraignment before the magistrate, if line 14 the defendant does not appear, either in person or by counsel, the line 15 magistrate may declare the bail forfeited, and may, in the line 16 magistrate’s discretion, order that no further proceedings shall be line 17 had in the case, unless the defendant has been charged with a line 18 violation of Section 374.3 or 374.7 of this code or of Section line 19 11357, 11360, or 13002 of the Health and Safety Code, or a line 20 violation punishable under Section 5008.7 of the Public Resources line 21 Code, and the defendant has previously been convicted of a line 22 violation of that section or a violation that is punishable under that line 23 section, except in cases where the magistrate finds that undue line 24 hardship will be imposed upon the defendant by requiring the line 25 defendant to appear, the magistrate may declare the bail forfeited line 26 and order that no further proceedings be had in the case. line 27 (D) Upon the making of the order that no further proceedings line 28 be had, all sums deposited as bail shall immediately be paid into line 29 the county treasury for distribution pursuant to Section 1463. line 30 (f) A warrant shall not be issued for the arrest of a person who line 31 has given a written promise to appear in court, unless and until the line 32 person has violated that promise or has failed to deposit bail, to line 33 appear for arraignment, trial, or judgment or to comply with the line 34 terms and provisions of the judgment, as required by law. line 35 (g) The officer may book the arrested person at the scene or at line 36 the arresting agency prior to release or indicate on the citation that line 37 the arrested person shall appear at the arresting agency to be booked line 38 or indicate on the citation that the arrested person shall appear at line 39 the arresting agency to be fingerprinted prior to the date the arrested line 40 person appears in court. If it is indicated on the citation that the 93 — 25 — AB 2943
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line 1 arrested person shall be booked or fingerprinted prior to the date line 2 of the person’s court appearance, the arresting agency, at the time line 3 of booking or fingerprinting, shall provide the arrested person with line 4 verification of the booking or fingerprinting by making an entry line 5 on the citation. If it is indicated on the citation that the arrested line 6 person is to be booked or fingerprinted, the magistrate, judge, or line 7 court shall, before the proceedings begin, order the defendant to line 8 provide verification that the defendant was booked or fingerprinted line 9 by the arresting agency. If the defendant cannot produce the line 10 verification, the magistrate, judge, or court shall require that the line 11 defendant be booked or fingerprinted by the arresting agency before line 12 the next court appearance, and that the defendant provide the line 13 verification at the next court appearance unless both parties line 14 stipulate that booking or fingerprinting is not necessary. line 15 (h) A peace officer shall use the written notice to appear line 16 procedure set forth in this section for any misdemeanor offense in line 17 which the officer has arrested a person without a warrant pursuant line 18 to Section 836 or in which the officer has taken custody of a person line 19 pursuant to Section 847.
line 20 (i) When a person is arrested by a peace officer for a line 21 misdemeanor, that person shall be released according to the line 22 procedures set forth by this chapter unless one of the following is line 23 a reason for nonrelease, in which case the arresting officer may line 24 release the person, except as provided in subdivision (a), or the line 25 arresting officer shall indicate, on a form to be established by the line 26 officer’s employing law enforcement agency, which of the line 27 following was a reason for the nonrelease:
line 28 (1) The person arrested was so intoxicated that they could have line 29 been a danger to themselves or to others.
line 30 (2) The person arrested required medical examination or medical line 31 care or was otherwise unable to care for their own safety. line 32 (3) The person was arrested under one or more of the line 33 circumstances listed in Sections 40302 and 40303 of the Vehicle line 34 Code.
line 35 (4) There were one or more outstanding arrest warrants for the line 36 person.
line 37 (5) The person could not provide satisfactory evidence of line 38 personal identification.
line 39 (6) The prosecution of the offense or offenses for which the line 40 person was arrested, or the prosecution of any other offense or 93 AB 2943 — 26 —
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line 1 offenses, would be jeopardized by immediate release of the person line 2 arrested.
line 3 (7) There was a reasonable likelihood that the offense or offenses line 4 would continue or resume, or that the safety of persons or property line 5 would be imminently endangered by release of the person arrested. line 6 (8) The person arrested demanded to be taken before a line 7 magistrate or refused to sign the notice to appear. line 8 (9) There is reason to believe that the person would not appear line 9 at the time and place specified in the notice. The basis for this line 10 determination shall be specifically stated.
line 11 (10) (A) The person was subject to Section 1270.1. line 12 (B) The form shall be filed with the arresting agency as soon line 13 as practicable and shall be made available to any party having line 14 custody of the arrested person, subsequent to the arresting officer, line 15 and to any person authorized by law to release the arrested person line 16 from custody before trial.
line 17 (j) (1) Once the arresting officer has prepared the written notice line 18 to appear and has delivered a copy to the person arrested, the officer line 19 shall deliver the remaining original and all copies as provided by line 20 subdivision (e).
line 21 (2) A person, including the arresting officer and any member line 22 of the officer’s department or agency, or any peace officer, who line 23 alters, conceals, modifies, nullifies, or destroys, or causes to be line 24 altered, concealed, modified, nullified, or destroyed, the face side line 25 of the remaining original or any copy of a citation that was retained line 26 by the officer, for any reason, before it is filed with the magistrate line 27 or with a person authorized by the magistrate to receive deposit line 28 of bail, is guilty of a misdemeanor.
line 29 (3) If, after an arrested person has signed and received a copy line 30 of a notice to appear, the arresting officer determines that, in the line 31 interest of justice, the citation or notice should be dismissed, the line 32 arresting agency may recommend, in writing, to the magistrate line 33 that the charges be dismissed. The recommendation shall cite the line 34 reasons for the recommendation and shall be filed with the court. line 35 (4) If the magistrate makes a finding that there are grounds for line 36 dismissal, the finding shall be entered in the record and the charges line 37 dismissed.
line 38 (5) A personal relationship with any officer, public official, or line 39 law enforcement agency shall not be grounds for dismissal. 93 — 27 — AB 2943
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line 1 (k) (1) A person contesting a charge by claiming under penalty line 2 of perjury not to be the person issued the notice to appear may line 3 choose to submit a right thumbprint, or a left thumbprint if the line 4 person has a missing or disfigured right thumb, to the issuing court line 5 through the person’s local law enforcement agency for comparison line 6 with the one placed on the notice to appear. A local law line 7 enforcement agency providing this service may charge the requester line 8 no more than the actual costs. The issuing court may refer the line 9 thumbprint submitted and the notice to appear to the prosecuting line 10 attorney for comparison of the thumbprints. When there is no line 11 thumbprint or fingerprint on the notice to appear, or when the line 12 comparison of thumbprints is inconclusive, the court shall refer line 13 the notice to appear, or a copy thereof, back to the issuing agency line 14 for further investigation, unless the court finds that referral is not line 15 in the interest of justice.
line 16 (2) Upon initiation of the investigation or comparison process line 17 by referral of the court, the court shall continue the case and the line 18 speedy trial period shall be tolled for 45 days. line 19 (3) Upon receipt of the issuing agency’s or prosecuting line 20 attorney’s response, the court may make a finding of factual line 21 innocence pursuant to Section 530.6 if the court determines that line 22 there is insufficient evidence that the person cited is the person line 23 charged and shall immediately notify the Department of Motor line 24 Vehicles of its determination. If the Department of Motor Vehicles line 25 determines the citation or citations in question formed the basis line 26 of a suspension or revocation of the person’s driving privilege, the line 27 department shall immediately set aside the action. line 28 (4) If the prosecuting attorney or issuing agency fails to respond line 29 to a court referral within 45 days, the court shall make a finding line 30 of factual innocence pursuant to Section 530.6, unless the court line 31 finds that a finding of factual innocence is not in the interest of line 32 justice.
line 33 (5) The citation or notice to appear may be held by the line 34 prosecuting attorney or issuing agency for future adjudication line 35 should the arrestee who received the citation or notice to appear line 36 be found.
line 37 (l) For purposes of this section, the term “arresting agency” line 38 includes any other agency designated by the arresting agency to line 39 provide booking or fingerprinting services.
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line 1 (m) (1) If the proposed initiative measure titled “The line 2 Homelessness, Drug Addiction, and Theft Reduction Act” line 3 (Initiative 23-0017A1) is approved by the voters at the statewide line 4 general election on November 5, 2024, this section shall become line 5 operative on January 1, 2026.
line 6 (2) If the proposed initiative measure titled “The Homelessness, line 7 Drug Addiction, and Theft Reduction Act” (Initiative 23-0017A1) line 8 is not approved by the voters at the statewide general election on line 9 November 5, 2024, this section shall become operative on January line 10 1, 2031.
line 11 (m) This section shall become operative on January 1, 2031. line 12 SEC. 9. Section 1001.82 of the Penal Code is repealed. line 13 SEC. 10. Section 1001.82 is added to the Penal Code, to read:
line 14 1001.82. (a) If the proposed initiative measure titled “The line 15 Homelessness, Drug Addiction, and Theft Reduction Act” line 16 (Initiative 23-0017A1) is approved by the voters at the statewide line 17 general election on November 5, 2024, this chapter shall become line 18 inoperative on January 1, 2026, and as of that date is repealed. line 19 (b) If the proposed initiative measure titled “The Homelessness, line 20 Drug Addiction, and Theft Reduction Act” (Initiative 23-0017A1) line 21 is not approved by the voters at the statewide general election on line 22 November 5, 2024, this chapter shall become inoperative on line 23 January 1, 2031, and as of that date is repealed. line 24 SEC. 5. Section 1001.82 of the Penal Code is amended to read:
line 25 1001.82. This chapter shall remain in effect only until January line 26 1, 2026, 2031, and as of that date is repealed. line 27 SEC. 11.
line 28 SEC. 6. Section 1203g is added to the Penal Code, to read:
line 29 1203g. (a) Notwithstanding Section 1203a, for a violation of line 30 shoplifting, as defined in Section 459.5, or petty theft, as described line 31 in Section 488 or 490.2, the court may suspend the imposition or line 32 execution of the sentence and make and enforce the terms of line 33 probation for a period not to exceed two years. line 34 (b) If a court imposes a term of probation that exceeds the line 35 maximum period of time specified in subdivision (a) of Section line 36 1203a, the court, as a condition of probation, shall consider line 37 referring the defendant to a collaborative court or rehabilitation line 38 program that is relevant to the underlying factor or factors that led line 39 to the commission of the offense. If the defendant who is referred line 40 to a rehabilitative program is under 25 years of age, the court shall, 93 — 29 — AB 2943
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line 1 to the extent such a program is available, refer the defendant to a line 2 program modeled on healing-centered, restorative, line 3 trauma-informed, and positive youth development approaches and line 4 that is provided in collaboration with community-based line 5 organizations. If the court finds that referral to a collaborative court line 6 or rehabilitation program is not an appropriate condition of line 7 probation, it must state the reasons for its finding on the record. line 8 (c) Upon successful completion of the rehabilitation program, line 9 as determined by the program provider, or successful participation line 10 in the collaborative court, as determined by the collaborative court, line 11 the court shall discharge the defendant from probation. line 12 (d) Participation in a collaborative court or a rehabilitation line 13 program by the defendant shall not exceed the maximum period line 14 of time of probation specified in subdivision (a), except with the line 15 consent of the defendant.
line 16 (e) If the proposed initiative measure titled “The Homelessness, line 17 Drug Addiction, and Theft Reduction Act” (Initiative 23-0017A1) line 18 is approved by the voters at the statewide general election on line 19 November 5, 2024, this section shall become inoperative on the line 20 fifth day after the Secretary of State files the statement of the vote line 21 for the election, and shall be repealed on January 1, 2025. line 22 SEC. 12. No reimbursement is required by this act pursuant to line 23 Section 6 of Article XIIIB of the California Constitution for certain line 24 costs that may be incurred by a local agency or school district line 25 because, in that regard, this act creates a new crime or infraction, line 26 eliminates a crime or infraction, or changes the penalty for a crime line 27 or infraction, within the meaning of Section 17556 of the line 28 Government Code, or changes the definition of a crime within the line 29 meaning of Section 6 of Article XIII B of the California line 30 Constitution.
line 31 However, if the Commission on State Mandates determines that line 32 this act contains other costs mandated by the state, reimbursement line 33 to local agencies and school districts for those costs shall be made line 34 pursuant to Part 7 (commencing with Section 17500) of Division line 35 4 of Title 2 of the Government Code.
line 36 SEC. 13. Section 2.5 of this bill incorporates amendments to line 37 Section 487 of the Penal Code proposed by this bill and Assembly line 38 Bill 1794. That section of this bill shall only become operative if line 39 (1) both bills are enacted and become effective on or before January line 40 1, 2025, (2) each bill amends Section 487 of the Penal Code, and 93 AB 2943 — 30 —
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line 1 (3) this bill is enacted after Assembly Bill 1794, in which case line 2 Section 487 of the Penal Code, as amended by Assembly Bill 1794, line 3 shall remain operative only until the operative date of this bill, at line 4 which time Section 2.5 of this bill shall become operative, and line 5 Sections 2 and 3 of this bill shall not become operative. line 6 SEC. 14. This act is an urgency statute necessary for the line 7 immediate preservation of the public peace, health, or safety within line 8 the meaning of Article IV of the California Constitution and shall line 9 go into immediate effect. The facts constituting the necessity are:
line 10 To address the increase in community-based crime and retail line 11 theft and to provide broader public safety, it is necessary that this line 12 act take effect immediately.
line 13 SEC. 7. If the Commission on State Mandates determines that line 14 this act contains costs mandated by the state, reimbursement to line 15 local agencies and school districts for those costs shall be made line 16 pursuant to Part 7 (commencing with Section 17500) of Division line 17 4 of Title 2 of the Government Code.
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AMENDED IN SENATE JUNE 30, 2024
AMENDED IN SENATE JUNE 20, 2024
AMENDED IN ASSEMBLY MAY 16, 2024
california legislature—2023–24 regular session
ASSEMBLY BILL No. 1960
Introduced by Assembly Member Robert Rivas
(Coauthors: Assembly Members Alanis, Stephanie Nguyen,
Blanca Rubio, and Villapudua)
January 29, 2024
An act to add and repeal Section 12022.6 of the Penal Code, relating to sentencing, and declaring the urgency thereof, to take effect immediately. sentencing.
legislative counsel’s digest
AB 1960, as amended, Robert Rivas. Sentencing enhancements:
property loss.
State law, repealed as of January 1, 2018, required a court to impose an additional term of imprisonment, as specified, on a person who takes, damages, or destroys property in the commission or attempted commission of a felony, as specified.
This bill would, until January 1, 2030, create sentencing enhancements for taking, damaging, or destroying property in the commission or attempted commission of a felony, as specified. By adding new sentencing enhancements, this bill would impose a state-mandated local program.
The bill would additionally make these provisions inoperative if a specified initiative is approved by the voters.
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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2⁄3 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 12022.6 is added to the Penal Code, to line 2 read:
line 3 12022.6. (a) If a person takes, damages, or destroys property line 4 in the commission or attempted commission of a felony, or line 5 commits a felony in violation of Section 496, the court shall impose line 6 an additional and consecutive term of imprisonment as follows:
line 7 (1) If the loss or property value exceeds fifty thousand dollars line 8 ($50,000), the court shall impose an additional term of one year. line 9 (2) If the loss or property value exceeds two hundred thousand line 10 dollars ($200,000), the court shall impose an additional term of line 11 two years.
line 12 (3) If the loss or property value exceeds one million dollars line 13 ($1,000,000), the court shall impose an additional term of three line 14 years.
line 15 (4) If the loss or property value exceeds three million dollars line 16 ($3,000,000), the court shall impose an additional term of four line 17 years.
line 18 (5) For each additional loss or property value of three million line 19 dollars ($3,000,000), the court shall impose a term of one year in line 20 addition to the term specified in paragraph (4). line 21 (b) In an accusatory pleading involving multiple charges of line 22 taking, damage, or destruction, or multiple violations of Section line 23 496, the additional terms provided in this section may be imposed line 24 if the aggregate losses to the victims or aggregate property values line 25 from all felonies exceed the amounts specified in this section and line 26 arise from a common scheme or plan. All pleadings under this line 27 section are subject to the rules of joinder and severance stated in line 28 Section 954.
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line 1 (c) The additional terms provided in this section shall not be line 2 imposed unless the facts relating to the amounts provided in this line 3 section are charged in the accusatory pleading and admitted by the line 4 defendant or found to be true by the trier of fact. line 5 (d) Notwithstanding any other law, the court may impose an line 6 enhancement pursuant to this section and another section on a line 7 single count.
line 8 (e) (1) It is the intent of the Legislature that the provisions of line 9 this section be reviewed within five years to consider the effects line 10 of inflation on the additional terms imposed. This section shall line 11 remain in effect only until January 1, 2030, and as of that date is line 12 repealed, unless a later enacted statute that is enacted before line 13 January 1, 2030, deletes or extends that date.
line 14 (2) If the proposed initiative measure titled “The Homelessness, line 15 Drug Addiction, and Theft Reduction Act” (Initiative 23-0017A1) line 16 is approved by the voters at the statewide general election on line 17 November 5, 2024, this section shall become inoperative on the line 18 fifth day after the Secretary of State files the statement of the vote line 19 for the election, and shall be repealed on January 1, 2025. line 20 SEC. 2. No reimbursement is required by this act pursuant to line 21 Section 6 of Article XIIIB of the California Constitution because line 22 the only costs that may be incurred by a local agency or school line 23 district will be incurred because this act creates a new crime or line 24 infraction, eliminates a crime or infraction, or changes the penalty line 25 for a crime or infraction, within the meaning of Section 17556 of line 26 the Government Code, or changes the definition of a crime within line 27 the meaning of Section 6 of Article XIII B of the California line 28 Constitution.
line 29 SEC. 3. This act is an urgency statute necessary for the line 30 immediate preservation of the public peace, health, or safety within line 31 the meaning of Article IV of the California Constitution and shall line 32 go into immediate effect. The facts constituting the necessity are:
line 33 To address the increase in community-based crime and retail line 34 theft and to provide broader public safety, it is necessary that this line 35 act take effect immediately.
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AMENDED IN SENATE JUNE 29, 2024
AMENDED IN SENATE JUNE 20, 2024
AMENDED IN ASSEMBLY APRIL 25, 2024
AMENDED IN ASSEMBLY MARCH 11, 2024
california legislature—2023–24 regular session
ASSEMBLY BILL No. 1779
Introduced by Assembly Member Irwin
(Principal coauthors: Assembly Members Cervantes and
Petrie-Norris)
(Principal coauthor: Assembly Member Cervantes)
(Coauthors: Assembly Members Alanis, Juan Carrillo,Dixon,Flora, Gipson, Hoover, Lackey, Stephanie Nguyen, Pacheco, Ramos, Rodriguez, Villapudua, Wallis, and Zbur)
(Coauthors: Senators Newman and Wilk)
(Coauthor: Senator Newman)
January 3, 2024
An act to amend, repeal, and add amend Section 786.5 of the Penal Code, relating to crimes, and declaring the urgency thereof, to take effect immediately. crimes.
legislative counsel’s digest
AB 1779, as amended, Irwin. Theft: jurisdiction.
Existing law defines types of theft, including petty theft, grand theft, and shoplifting. Existing law also defines the crimes of robbery and burglary. Existing law sets forth specific rules relating to the jurisdiction for the prosecution of theft by fraud, organized retail theft, and receiving stolen property, including that the jurisdiction for prosecution includes
95 Item: 13
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the county where an offense involving the theft or receipt of the stolen merchandise occurred, the county in which the merchandise was recovered, or the county where any act was done by the defendant in instigating, procuring, promoting, or aiding or abetting in the commission of a theft offense or other qualifying offense. Existing law jurisdictionally limits prosecution of each of the above to criminal actions brought by the Attorney General.
This bill would no longer limit the jurisdictional rules for the above crimes to criminal actions brought by the Attorney General. If a case is brought by someone other than the Attorney General and multiple offenses are committed by the same defendant in multiple jurisdictions, the bill would allow a criminal action to be brought in any of those jurisdictions subject to a hearing on consolidation of the offenses, as specified. The bill would require the prosecution to present written evidence at the hearing that all district attorneys in counties with jurisdiction over the offenses agree to the venue. The bill would require charged offenses from jurisdictions where there is not a written agreement from the district attorney to be returned to that jurisdiction.
The bill would make these changes inoperative if a specified initiative is approved by the voters.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2⁄3 majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 786.5 of the Penal Code is amended to line 2 read:
line 3 786.5. (a) The jurisdiction of a criminal action brought by the line 4 Attorney General for theft, as defined in subdivision (a) of Section line 5 484, or a violation of Section 490.4 or 496, shall also include the line 6 county where an offense involving the theft or receipt of the stolen line 7 merchandise occurred, the county in which the merchandise was line 8 recovered, or the county where any act was done by the defendant line 9 in instigating, procuring, promoting, or aiding in the commission line 10 of a theft offense or a violation of Section 490.4 or 496 or in line 11 abetting the parties concerned therein. If multiple offenses of theft line 12 or violations of Section 490.4 or 496, either all involving the same line 13 defendant or defendants and the same merchandise, or all involving 95 AB 1779 — 2 —
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line 1 the same defendant or defendants and the same scheme or line 2 substantially similar activity, occur in multiple jurisdictions, then line 3 any of those jurisdictions are a proper jurisdiction for all of the line 4 offenses. Jurisdiction also extends to all associated offenses line 5 connected together in their commission to the underlying theft line 6 offenses or violations of Section 490.4 or 496.
line 7 (b) The jurisdiction of a criminal action for theft, as defined in line 8 subdivision (a) of Section 484, or a violation of Section 490.4 or line 9 496, shall also include the county where an offense involving the line 10 theft or receipt of the stolen merchandise occurred, the county in line 11 which the merchandise was recovered, or the county where any line 12 act was done by the defendant in instigating, procuring, promoting, line 13 or aiding in the commission of a theft offense or a violation of line 14 Section 490.4 or 496 or in abetting the parties concerned therein. line 15 If multiple offenses of theft or violations of Section 490.4 or 496, line 16 either all involving the same defendant or defendants and the same line 17 merchandise, or all involving the same defendant or defendants line 18 and the same scheme or substantially similar activity, occur in line 19 multiple jurisdictions, then any of those jurisdictions are a proper line 20 jurisdiction for all of the offenses, subject to a hearing pursuant to line 21 Section 954 in the jurisdiction of the proposed trial. At the hearing line 22 pursuant to Section 954, the prosecution shall present written line 23 evidence that all district attorneys in counties with jurisdiction line 24 over the offenses agree to the venue. Charged offenses from line 25 jurisdictions where there is not a written agreement from the district line 26 attorney shall be returned to that jurisdiction. Jurisdiction also line 27 extends to all associated offenses connected together in their line 28 commission to the underlying theft offenses or violations of Section line 29 490.4 or 496.
line 30 (c) If the proposed initiative measure titled “The Homelessness, line 31 Drug Addiction, and Theft Reduction Act” (Initiative 23-0017A1) line 32 is approved by the voters at the statewide general election on line 33 November 5, 2024, this section shall become inoperative on the line 34 fifth day after the Secretary of State files the statement of the vote line 35 for the election, and shall be repealed on January 1, 2025. line 36 SEC. 2. Section 786.5 is added to the Penal Code, to read:
line 37 786.5. (a) The jurisdiction of a criminal action brought by the line 38 Attorney General for theft, as defined in subdivision (a) of Section line 39 484, or a violation of Section 490.4 or 496, shall also include the line 40 county where an offense involving the theft or receipt of the stolen 95 — 3 — AB 1779
Item: 13
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line 1 merchandise occurred, the county in which the merchandise was line 2 recovered, or the county where any act was done by the defendant line 3 in instigating, procuring, promoting, or aiding in the commission line 4 of a theft offense or a violation of Section 490.4 or 496 or in line 5 abetting the parties concerned therein. If multiple offenses of theft line 6 or violations of Section 490.4 or 496, either all involving the same line 7 defendant or defendants and the same merchandise, or all involving line 8 the same defendant or defendants and the same scheme or line 9 substantially similar activity, occur in multiple jurisdictions, then line 10 any of those jurisdictions are a proper jurisdiction for all of the line 11 offenses. Jurisdiction also extends to all associated offenses line 12 connected together in their commission to the underlying theft line 13 offenses or violations of Section 490.4 or 496. line 14 (b) If the proposed initiative measure titled “The Homelessness, line 15 Drug Addiction, and Theft Reduction Act” (Initiative 23-0017A1) line 16 is approved by the voters at the statewide general election on line 17 November 5, 2024, this section shall become operative on the fifth line 18 day after the Secretary of State files the statement of the vote for line 19 the election.
line 20 SEC. 3. This act is an urgency statute necessary for the line 21 immediate preservation of the public peace, health, or safety within line 22 the meaning of Article IV of the California Constitution and shall line 23 go into immediate effect. The facts constituting the necessity are:
line 24 To address the increase in community-based crime and retail line 25 theft and to provide broader public safety, it is necessary that this line 26 act take effect immediately.
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AMENDED IN ASSEMBLY JULY 1, 2024
AMENDED IN ASSEMBLY JUNE 20, 2024
AMENDED IN SENATE MAY 16, 2024
AMENDED IN SENATE MARCH 5, 2024
SENATE BILL No. 982
Introduced by Senator Wahab
(Coauthors: Senators Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, McGuire, Min, Newman, Rubio, Stern, and Wilk)
(Coauthors: Assembly Members Juan Carrillo, and Cervantes) January 29, 2024
An act to amend Section 490.4 of the Penal Code, relating to crimes, and declaring the urgency thereof, to take effect immediately. crimes. legislative counsel’s digest
SB 982, as amended, Wahab. Crimes: organized theft.
Existing law, until January 1, 2026, makes a person guilty of organized retail theft, punishable as a misdemeanor or a felony, as specified, if the person acts in concert with one or more persons to steal merchandise from one or more merchant’s premises or online marketplaces with the intent to sell or return the merchandise for value, acts in concert with 2 or more persons to receive, purchase, or possess merchandise knowing or believing it to have been stolen, acts as an agent of another to steal merchandise from one or more merchant’s premises or online marketplaces as part of an organized plan to commit theft, or recruits, coordinates, organizes, supervises, directs, manages, or finances another to undertake acts of theft.
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This bill would extend the operation of the crime of organized retail theft indefinitely, unless a specified initiative is approved by the voters. indefinitely. By extending the operation of an existing crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2⁄3 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 490.4 of the Penal Code is amended to line 2 read:
line 3 490.4. (a) A person who commits any of the following acts is line 4 guilty of organized retail theft and shall be punished pursuant to line 5 subdivision (b):
line 6 (1) Acts in concert with one or more persons to steal line 7 merchandise from one or more merchant’s premises or online line 8 marketplace with the intent to sell, exchange, or return the line 9 merchandise for value.
line 10 (2) Acts in concert with two or more persons to receive, line 11 purchase, or possess merchandise described in paragraph (1), line 12 knowing or believing it to have been stolen.
line 13 (3) Acts as an agent of another individual or group of individuals line 14 to steal merchandise from one or more merchant’s premises or line 15 online marketplaces as part of an organized plan to commit theft. line 16 (4) Recruits, coordinates, organizes, supervises, directs, line 17 manages, or finances another to undertake any of the acts described line 18 in paragraph (1) or (2) or any other statute defining theft of line 19 merchandise.
line 20 (b) Organized retail theft is punishable as follows:
line 21 (1) If violations of paragraph (1), (2), or (3) of subdivision (a) line 22 are committed on two or more separate occasions within a line 23 12-month period, and if the aggregated value of the merchandise line 24 stolen, received, purchased, or possessed within that 12-month 95 SB 982 — 2 —
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line 1 period exceeds nine hundred fifty dollars ($950), the offense is line 2 punishable by imprisonment in a county jail not exceeding one line 3 year or pursuant to subdivision (h) of Section 1170. line 4 (2) Any other violation of paragraph (1), (2), or (3) of line 5 subdivision (a) that is not described in paragraph (1) of this line 6 subdivision is punishable by imprisonment in a county jail not line 7 exceeding one year.
line 8 (3) A violation of paragraph (4) of subdivision (a) is punishable line 9 by imprisonment in a county jail not exceeding one year or line 10 pursuant to subdivision (h) of Section 1170.
line 11 (c) For the purpose of determining whether the defendant acted line 12 in concert with another person or persons in any proceeding, the line 13 trier of fact may consider any competent evidence, including, but line 14 not limited to, all of the following:
line 15 (1) The defendant has previously acted in concert with another line 16 person or persons in committing acts constituting theft, or any line 17 related offense, including any conduct that occurred in counties line 18 other than the county of the current offense, if relevant to line 19 demonstrate a fact other than the defendant’s disposition to commit line 20 the act.
line 21 (2) That the defendant used or possessed an artifice, instrument, line 22 container, device, or other article capable of facilitating the removal line 23 of merchandise from a retail establishment without paying the line 24 purchase price and use of the artifice, instrument, container, or line 25 device or other article is part of an organized plan to commit theft. line 26 (3) The property involved in the offense is of a type or quantity line 27 that would not normally be purchased for personal use or line 28 consumption, and the property is intended for resale. line 29 (d) In a prosecution under this section, the prosecutor shall not line 30 be required to charge any other coparticipant of the organized retail line 31 theft.
line 32 (e) Upon conviction of an offense under this section, the court line 33 shall consider ordering, as a condition of probation, that the line 34 defendant stay away from retail establishments with a reasonable line 35 nexus to the crime committed.
line 36 (f) If the proposed initiative measure titled “The Homelessness, line 37 Drug Addiction, and Theft Reduction Act” (Initiative 23-0017A1) line 38 is approved by the voters at the statewide general election on line 39 November 5, 2024, this section shall become inoperative on line 40 January 1, 2026, and as of that date is repealed. 95 — 3 — SB 982
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line 1 SEC. 2. No reimbursement is required by this act pursuant to line 2 Section 6 of Article XIIIB of the California Constitution because line 3 the only costs that may be incurred by a local agency or school line 4 district will be incurred because this act creates a new crime or line 5 infraction, eliminates a crime or infraction, or changes the penalty line 6 for a crime or infraction, within the meaning of Section 17556 of line 7 the Government Code, or changes the definition of a crime within line 8 the meaning of Section 6 of Article XIII B of the California line 9 Constitution.
line 10 SEC. 3. This act is an urgency statute necessary for the line 11 immediate preservation of the public peace, health, or safety within line 12 the meaning of Article IV of the California Constitution and shall line 13 go into immediate effect. The facts constituting the necessity are:
line 14 To address the increase in community-based crime and retail line 15 theft and to provide broader public safety, it is necessary that this line 16 act take effect immediately.
O
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AMENDED IN ASSEMBLY JULY 1, 2024
AMENDED IN ASSEMBLY JUNE 20, 2024
AMENDED IN SENATE MAY 16, 2024
AMENDED IN SENATE MARCH 19, 2024
SENATE BILL No. 1242
Introduced by Senator Min
(Coauthors: Senators Atkins, Becker, Blakespear, Cortese, Dodd, McGuire, Rubio, and Stern)
February 15, 2024
An act to amend, repeal, and add amend Section 452 of the Penal Code, relating to crimes, and declaring the urgency thereof, to take effect immediately. crimes.
legislative counsel’s digest
SB 1242, as amended, Min. Crimes: fires.
Existing law prohibits unlawfully causing a fire by recklessly setting fire to, burning, or causing to be burned, any structure, forest land, or property. A violation of this prohibition is punishable as either a misdemeanor or a felony.
This bill would, for the purposes of sentencing for a violation of these provisions, make it a factor in aggravation that the offense was carried out within a merchant’s premises in order to facilitate organized retail theft. By increasing the punishment for a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
95 Item: 13
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This bill would provide that no reimbursement is required by this act for a specified reason.
The bill would make the factor-in-aggravation provision inoperative if a specified initiative is approved by the voters.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2⁄3 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 452 of the Penal Code is amended to line 2 read:
line 3 452. A person is guilty of unlawfully causing a fire when they line 4 recklessly set fire to, burn, or cause to be burned any structure, line 5 forest land, or property.
line 6 (a) Unlawfully causing a fire that causes great bodily injury is line 7 a felony punishable by imprisonment in the state prison for two, line 8 four, or six years, or by imprisonment in the county jail for not line 9 more than one year, or by a fine, or by both such imprisonment line 10 and fine.
line 11 (b) Unlawfully causing a fire that causes an inhabited structure line 12 or inhabited property to burn is a felony punishable by line 13 imprisonment in the state prison for two, three, or four years, or line 14 by imprisonment in the county jail for not more than one year, or line 15 by a fine, or by both such imprisonment and fine. line 16 (c) Unlawfully causing a fire of a structure or forest land is a line 17 felony punishable by imprisonment in the state prison for 16 line 18 months, two or three years, or by imprisonment in the county jail line 19 for not more than six months, or by a fine, or by both such line 20 imprisonment and fine.
line 21 (d) Unlawfully causing a fire of property is a misdemeanor. For line 22 purposes of this paragraph, unlawfully causing a fire of property line 23 does not include one burning or causing to be burned their own line 24 personal property unless there is injury to another person or to line 25 another person’s structure, forest land, or property. line 26 (e) In the case of any person convicted of violating this section line 27 while confined in a state prison, prison road camp, prison forestry line 28 camp, or other prison camp or prison farm, or while confined in a line 29 county jail while serving a term of imprisonment for a felony or 95 SB 1242 — 2 —
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line 1 misdemeanor conviction, any sentence imposed shall be line 2 consecutive to the sentence for which the person was then confined. line 3 (f) For purposes of sentencing for a violation of this section, line 4 the fact that the offense was carried out within a merchant’s line 5 premises in order to facilitate organized retail theft, as defined in line 6 Section 490.4, shall be a factor in aggravation. line 7 (g) If the proposed initiative measure titled “The Homelessness, line 8 Drug Addiction, and Theft Reduction Act” (Initiative 23-0017A1) line 9 is approved by the voters at the statewide general election on line 10 November 5, 2024, this section shall become inoperative on the line 11 fifth day after the Secretary of State files the statement of the vote line 12 for the election, and shall be repealed on January 1, 2025. line 13 SEC. 2. Section 452 is added to the Penal Code, to read:
line 14 452. A person is guilty of unlawfully causing a fire when they line 15 recklessly set fire to or burn or cause to be burned, any structure, line 16 forest land, or property.
line 17 (a) Unlawfully causing a fire that causes great bodily injury is line 18 a felony punishable by imprisonment in the state prison for two, line 19 four or six years, or by imprisonment in the county jail for not line 20 more than one year, or by a fine, or by both such imprisonment line 21 and fine.
line 22 (b) Unlawfully causing a fire that causes an inhabited structure line 23 or inhabited property to burn is a felony punishable by line 24 imprisonment in the state prison for two, three, or four years, or line 25 by imprisonment in the county jail for not more than one year, or line 26 by a fine, or by both such imprisonment and fine. line 27 (c) Unlawfully causing a fire of a structure or forest land is a line 28 felony punishable by imprisonment in the state prison for 16 line 29 months, two or three years, or by imprisonment in the county jail line 30 for not more than six months, or by a fine, or by both such line 31 imprisonment and fine.
line 32 (d) Unlawfully causing a fire of property is a misdemeanor. For line 33 purposes of this paragraph, unlawfully causing a fire of property line 34 does not include one burning or causing to be burned their own line 35 personal property unless there is injury to another person or to line 36 another person’s structure, forest land or property. line 37 (e) In the case of any person convicted of violating this section line 38 while confined in a state prison, prison road camp, prison forestry line 39 camp, or other prison camp or prison farm, or while confined in a line 40 county jail while serving a term of imprisonment for a felony or 95 — 3 — SB 1242
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line 1 misdemeanor conviction, any sentence imposed shall be line 2 consecutive to the sentence for which the person was then confined. line 3 (f) If the proposed initiative measure titled “The Homelessness, line 4 Drug Addiction, and Theft Reduction Act” (Initiative 23-0017A1) line 5 is approved by the voters at the statewide general election on line 6 November 5, 2024, this section shall become operative on the fifth line 7 day after the Secretary of State files the statement of the vote for line 8 the election.
line 9 SEC. 3.
line 10 SEC. 2. No reimbursement is required by this act pursuant to line 11 Section 6 of Article XIIIB of the California Constitution because line 12 the only costs that may be incurred by a local agency or school line 13 district will be incurred because this act creates a new crime or line 14 infraction, eliminates a crime or infraction, or changes the penalty line 15 for a crime or infraction, within the meaning of Section 17556 of line 16 the Government Code, or changes the definition of a crime within line 17 the meaning of Section 6 of Article XIII B of the California line 18 Constitution.
line 19 SEC. 4. This act is an urgency statute necessary for the line 20 immediate preservation of the public peace, health, or safety within line 21 the meaning of Article IV of the California Constitution and shall line 22 go into immediate effect. The facts constituting the necessity are:
line 23 To address the increase in community-based crime and retail line 24 theft and to provide broader public safety, it is necessary that this line 25 act take effect immediately.
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AMENDED IN ASSEMBLY JULY 1, 2024
AMENDED IN ASSEMBLY JUNE 20, 2024
AMENDED IN ASSEMBLY JUNE 4, 2024
AMENDED IN SENATE MAY 16, 2024
AMENDED IN SENATE APRIL 16, 2024
AMENDED IN SENATE MARCH 20, 2024
SENATE BILL No. 1416
Introduced by Senator Newman
(Coauthors: Senators Atkins, Allen, Becker, Blakespear, Cortese, Dodd, McGuire, Min, Rubio, and Stern)
February 16, 2024
An act to add and repeal Section 12022.10 of the Penal Code, relating to crimes, and declaring the urgency thereof, to take effect immediately. crimes.
legislative counsel’s digest
SB 1416, as amended, Newman. Sentencing enhancements: sale, exchange, or return of stolen property.
Existing law defines types of theft, including petty theft, grand theft, and shoplifting. Existing law also defines the crime of burglary, which consists of entering specified buildings, places, or vehicles with the intent to commit grand or petty theft or a felony.
This bill would, until January 1, 2030, create sentencing enhancements for selling, exchanging, or returning for value, or attempting to sell, exchange, or return for value, any property acquired through one or more acts of shoplifting, theft, or burglary from a retail business, if the
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property value exceeds specified amounts. The bill would additionally make these enhancements apply to any person acting in concert with another person to violate these provisions. By adding new sentencing enhancements, this bill would impose a state-mandated local program.
The bill would make these changes inoperative if a specified initiative is approved by the voters.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2⁄3 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 12022.10 is added to the Penal Code, to line 2 read:
line 3 12022.10. (a) When a person sells, exchanges, or returns for line 4 value, or attempts to sell, exchange, or return for value, property line 5 acquired through one or more acts of shoplifting, theft, or burglary line 6 from a retail business, whether or not the person committed the line 7 act of shoplifting, theft, or burglary, the court shall impose an line 8 additional term as follows:
line 9 (1) If the property value exceeds fifty thousand dollars line 10 ($50,000), the court, in addition and consecutive to the punishment line 11 prescribed for the crime of which the defendant has been convicted, line 12 shall impose an additional term of one year.
line 13 (2) If the property value exceeds two hundred thousand dollars line 14 ($200,000), the court, in addition and consecutive to the line 15 punishment prescribed for the crime of which the defendant has line 16 been convicted, shall impose an additional term of two years. line 17 (3) If the property value exceeds one million dollars line 18 ($1,000,000), the court, in addition and consecutive to the line 19 punishment prescribed for the crime of which the defendant has line 20 been convicted, shall impose an additional term of three years. line 21 (4) If the property value exceeds three million dollars line 22 ($3,000,000), the court, in addition and consecutive to the 93 SB 1416 — 2 —
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line 1 punishment prescribed for the crime of which the defendant has line 2 been convicted, shall impose an additional term of four years. line 3 (5) For each property value of three million dollars ($3,000,000), line 4 the court shall impose a term of one year in addition to the term line 5 specified in paragraph (4).
line 6 (b) When a person acts in concert with another to sell, exchange, line 7 or return for value, or attempts to sell, exchange, or return for line 8 value, property acquired through one or more acts of shoplifting, line 9 theft, or burglary from a retail business, whether or not the person line 10 committed the act of shoplifting, theft, or burglary, the court shall line 11 impose the additional term specified in subdivision (a). line 12 (c) In an accusatory pleading involving multiple charges of line 13 sales, exchanges, or returns for value, or attempts to do the same, line 14 the additional terms provided in this section may be imposed when line 15 the aggregate value of the property involved exceeds the amounts line 16 specified in this section and arises from a common scheme or plan. line 17 All pleadings under this section are subject to the rules of joinder line 18 and severance stated in Section 954.
line 19 (d) The additional terms provided in this section shall not be line 20 imposed unless the facts relating to the amounts provided in this line 21 section are charged in the accusatory pleading and admitted by the line 22 defendant or found to be true by the trier of fact. line 23 (e) Notwithstanding any other law, the court may impose an line 24 enhancement pursuant to this section and another section on a line 25 single count.
line 26 (f) (1) It is the intent of the Legislature that the provisions of line 27 this section be reviewed within five years to consider the effects line 28 of inflation on the additional terms imposed. For that reason, this line 29 section shall remain in effect only until January 1, 2030, and as of line 30 that date is repealed unless a later enacted statute, that is enacted line 31 before January 1, 2030, deletes or extends that date. line 32 (2) If the proposed initiative measure titled “The Homelessness, line 33 Drug Addiction, and Theft Reduction Act” (Initiative 23-0017A1) line 34 is approved by the voters at the statewide general election on line 35 November 5, 2024, this section shall become inoperative on the line 36 fifth day after the Secretary of State files the statement of the vote line 37 for the election, and shall be repealed on January 1, 2025. line 38 SEC. 2. No reimbursement is required by this act pursuant to line 39 Section 6 of Article XIIIB of the California Constitution because line 40 the only costs that may be incurred by a local agency or school 93 — 3 — SB 1416
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line 1 district will be incurred because this act creates a new crime or line 2 infraction, eliminates a crime or infraction, or changes the penalty line 3 for a crime or infraction, within the meaning of Section 17556 of line 4 the Government Code, or changes the definition of a crime within line 5 the meaning of Section 6 of Article XIII B of the California line 6 Constitution.
line 7 SEC. 3. This act is an urgency statute necessary for the line 8 immediate preservation of the public peace, health, or safety within line 9 the meaning of Article IV of the California Constitution and shall line 10 go into immediate effect. The facts constituting the necessity are:
line 11 To address the increase in community-based crime and retail line 12 theft and to provide broader public safety, it is necessary that this line 13 act take effect immediately.
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AMENDED IN ASSEMBLY JUNE 18, 2024
AMENDED IN SENATE MAY 16, 2024
SENATE BILL No. 1218
Introduced by Senator Newman
February 15, 2024
An act to add Section 106.6 to the Water Code, relating to water. legislative counsel’s digest
SB 1218, as amended, Newman. Water: emergency water supplies.
Existing law, the Urban Water Management Planning Act, requires every public and private urban water supplier that directly or indirectly provides water for municipal purposes to prepare and adopt an urban water management plan. The act requires an urban water management plan to include a water shortage contingency plan, as provided.
This bill would declare that it is the established policy of the state to encourage, but not mandate, the development of emergency water supplies, and to support their use during times of water shortage. drought or unplanned service or supply disruption, as provided.
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 Legislature hereby finds and declares all of line 2 the following:
line 3 (a) California has a climate that cycles between periods of large line 4 amounts of precipitation and times of drought.
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line 1 (b) California’s weather cycles are already affecting water line 2 resources throughout the state, which in turn negatively impact line 3 ecosystems, economies, and communities.
line 4 (c) In addition to enhancing water efficiency, California can line 5 and should take action to build water resilience into its water line 6 resource management and planning that accounts for these changes, line 7 allowing the state to better adapt to and mitigate the impacts of line 8 climate change on water supplies and watersheds. line 9 (d) With climate change likely bringing more frequent and line 10 intense droughts to California, the state needs to evaluate how it line 11 will ensure sufficient water supplies during times of shortage. line 12 (e) An emergency water supply is one way the state can ensure line 13 sufficient water supplies during times of drought, and the line 14 development of emergency water supplies can aid the state in line 15 mitigating the impacts of more frequent droughts. line 16 (f) Despite this, few water suppliers have made an investment line 17 in emergency water supplies.
line 18 (g) Establishing as state policy a role for emergency water line 19 supplies can help encourage and incentivize greater investment line 20 and development of those supplies across the state. line 21 SEC. 2. Section 106.6 is added to the Water Code, to read:
line 22 106.6. (a) It is hereby declared to be the established policy of line 23 this state to encourage, but not mandate, the development of line 24 emergency water supplies, and to support their use during times line 25 of water shortage. drought or unplanned service or supply line 26 disruption.
line 27 (b) For purposes of this section, “emergency water supplies” line 28 means water supplies identified in a water shortage contingency line 29 plan or drought plan that has have been developed to increase a line 30 water supplier’s water supply reliability during times of shortage, line 31 including, but not limited to, during a drought or unplanned service line 32 disruption, or supply disruption and that are in addition to the line 33 baseline water supplies the water supplier draws on during line 34 nonshortage times to meet water demands within its service area. line 35 (c) This section does not require a water supplier to add or line 36 modify any operation or demand management plan, or to interfere line 37 with any water right or contractual right related to water exchange, line 38 conveyance, or storage.
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AMENDED IN ASSEMBLY JUNE 26, 2024
AMENDED IN ASSEMBLY JUNE 13, 2024
AMENDED IN ASSEMBLY APRIL 8, 2024
AMENDED IN ASSEMBLY JUNE 29, 2023
AMENDED IN SENATE MAY 23, 2023
AMENDED IN SENATE APRIL 27, 2023
AMENDED IN SENATE MARCH 22, 2023
SENATE BILL No. 366
Introduced by Senator Caballero
(Coauthors: Senators Ochoa Bogh, Roth, and Seyarto)
(Coauthors: Assembly Members Essayli and Blanca Rubio)
February 8, 2023
An act to amend Section 10004.6 of, to repeal Sections 10004.5, 10005, and 10013 of, and to repeal and add Section 10004 of, the Water Code, relating to water.
legislative counsel’s digest
SB 366, as amended, Caballero. The California Water Plan: long-term supply targets.
Existing law requires the Department of Water Resources to update every 5 years the plan for the orderly and coordinated control, protection, conservation, development, and use of the water resources of the state, which is known as “The California Water Plan.” Existing law requires the department to include a discussion of various strategies in the plan update, including, but not limited to, strategies relating to the development of new water storage facilities, water conservation, water
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recycling, desalination, conjunctive use, water transfers, and alternative pricing policies that may be pursued in order to meet the future needs of the state. Existing law requires the department to establish an advisory committee to assist the department in updating the plan.
This bill would revise and recast certain provisions regarding The California Water Plan to, among other things, require the department to instead establish a stakeholder advisory committee and to expand the membership of the committee to include tribes, labor, and environmental justice interests. The bill would require the department to coordinate with the California Water Commission, the State Water Resources Control Board, other state and federal agencies as appropriate, and the stakeholder advisory committee to develop a comprehensive plan for addressing the state’s water needs and meeting specified long-term water supply targets established by the bill for purposes of The California Water Plan. The bill would require the plan to provide recommendations and strategies to ensure enough water supply for all designated beneficial uses. The bill would require the plan to include specified components, including a discussion of various strategies that may be pursued in order to meet the water supply targets, a discussion of agricultural water needs, and an analysis of the costs and benefits of achieving the water supply targets. The bill would require the department to submit to the Legislature an annual report between updates to the plan that includes progress made toward meeting the water supply targets once established, as specified. The bill would also require the department to conduct public workshops to give interested parties an opportunity to comment on the plan and to post the preliminary draft of the plan on the department’s internet website.
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 Legislature finds and declares all of the line 2 following:
line 3 (a) To thrive as a state, California needs a reliable supply of line 4 water for urban, agricultural, and environmental uses that is line 5 resilient to climate change.
line 6 (b) California’s existing water usage is highly reliant on line 7 capturing the snow melt on an annual basis. That water is stored line 8 in lakes, reservoirs, and groundwater basins and is then transported 92 SB 366 — 2 —
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line 1 around the state for environmental, residential, business, and line 2 agricultural use when needed.
line 3 (c) California has the most intricate and elaborate system of line 4 water conveyance in the world.
line 5 (d) Dependent on the extent of drought or flood conditions, the line 6 Department of Water Resources has calculated that the volume of line 7 water used by people in California for agricultural, urban, and line 8 environmental purposes ranges from 60,000,000 acre-feet per year line 9 to 90,000,000 acre-feet per year.
line 10 (e) Per capita water use has declined over time, thanks to a line 11 conservation ethic encouraged by water agencies and other line 12 stakeholders, water-saving indoor plumbing fixtures and line 13 appliances, better leak detection, and efforts to reduce outdoor line 14 water use.
line 15 (f) Water use also has significantly declined in the agricultural line 16 sector thanks to proactive steps taken by irrigation districts and line 17 farmers, such as installing drip irrigation systems. line 18 (g) California is experiencing significant impacts of a changing line 19 climate on our water supply systems and environment, including line 20 fisheries and ecosystems.
line 21 (h) According to the Department of Water Resources, hotter line 22 and drier weather is estimated to diminish our existing water supply line 23 even further and likely by 10 percent.
line 24 (i) A 10-percent loss could mean the disappearance of about line 25 6,000,000 acre-feet to 9,000,000 acre-feet of water supply. line 26 (j) Many rivers, lakes, and estuaries are being impacted by line 27 declining water quality, including increases in harmful algal line 28 blooms.
line 29 (k) The California central valley has a groundwater overdraft line 30 of 2,000,000 to 3,000,000 acre-feet of water.
line 31 (l) Following more than two decades of “megadrought” in the line 32 Colorado Basin, reservoir levels are so low that supply cuts are line 33 likely.
line 34 (m) California’s precipitation is changing from seasonal snow line 35 in the Sierra to periods of substantial rainfall, including from line 36 atmospheric rivers.
line 37 (n) The shift to drier dry years and wetter wet years makes it line 38 imperative that the state of California develop comprehensive wet line 39 year strategies that take full advantage of times of abundance, line 40 while also ensuring public safety from floods.
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line 1 (o) California is the nation’s agricultural powerhouse, accounting line 2 for 12 percent of agricultural production in 2021, including more line 3 than 70 percent of the nation’s fruits and nuts. line 4 (p) The agricultural sector produces annual revenues of more line 5 than $50 billion, employs more than 420,000 people, and supports line 6 large food and beverage processing industries.
line 7 (q) The Department of Water Resources describes a statewide line 8 capacity in groundwater basins in the range of 1,000,000,000 line 9 acre-feet or approximately 20 times the total surface water storage line 10 capacity statewide.
line 11 (r) California is the home to cutting-edge job-creating industries, line 12 such as those in Silicon Valley and southern California’s biotech line 13 industry.
line 14 (s) Local and regional water suppliers are at the forefront of line 15 implementing projects to build resiliency, but need additional line 16 support from the state and federal governments through funding line 17 and regulatory frameworks that are adapted for the new climate line 18 reality.
line 19 (t) It is essential for our economy, environment, and well-being line 20 that California increases the resilience of the state’s water supplies. line 21 (u) The implementation of projects to increase the resilience of line 22 the state’s water supplies can also create good jobs for California line 23 workers.
line 24 (v) Governor Gavin Newsom released “California’s Water line 25 Supply Strategy: Adapting to a Hotter, Drier Future” in August line 26 2022 that began to outline strategies for increasing California’s line 27 water supply and streamlining approvals, but California must make line 28 a historic change in the state’s comprehensive water plan and how line 29 water is provided for environmental, residential, business, and line 30 agricultural uses.
line 31 (w) The Sacramento-San Joaquin Delta Reform Act of 2009 line 32 establishes a state policy to meet California’s future water needs line 33 through the coequal goals for the Delta of increased water supply line 34 reliability and Sacramento-San Joaquin Delta ecosystem line 35 restoration.
line 36 (x) The State Water Resources Control Board and other line 37 authorities estimate that over one million Californians lack access line 38 to safe and affordable drinking water.
line 39 SEC. 2. Section 10004 of the Water Code is repealed. line 40 SEC. 3. Section 10004 is added to the Water Code, to read:
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line 1 10004. (a) The department shall develop a comprehensive line 2 plan for addressing the state’s water needs and meeting the line 3 long-term water supply targets established in Section 10004.6, line 4 which shall be known as “The California Water Plan.” The plan line 5 shall provide recommendations and strategies to ensure enough line 6 water supply for all designated beneficial uses, including, but not line 7 limited to, compliance with Division 35 (commencing with Section line 8 85000). uses.
line 9 (b) The department shall coordinate with the California Water line 10 Commission, the board, other state and federal agencies as line 11 appropriate, and the stakeholder advisory committee outlined in line 12 subparagraph (A) of paragraph (3) of subdivision (f) to develop line 13 the plan.
line 14 (c) It is hereby declared that the people of the state have a line 15 primary interest in the orderly and coordinated control, protection, line 16 conservation, development, and utilization of the water resources line 17 of the state by all individuals and entities and that it is the policy line 18 of the state that The California Water Plan, with any necessary line 19 amendments, supplements, and additions to the plan, is accepted line 20 as the master plan that guides the orderly and coordinated control, line 21 protection, conservation, development, management, and efficient line 22 utilization of the water resources of the state. line 23 (d) The department shall update The California Water Plan on line 24 or before December 31, 2028, and every five years thereafter. Each line 25 update of the plan shall include the following components:
line 26 (1) (A) A discussion of various strategies, including, but not line 27 limited to, those relating to the development of new water storage line 28 facilities, water conservation, groundwater recharge, water line 29 recycling, desalination, conjunctive use, conveyance, stormwater line 30 capture, water transfers, compliance with Division 35 (commencing line 31 with Section 85000), and demand management activities that may line 32 be pursued in order to meet the water supply targets developed by line 33 the department and the coequal goals for the Sacramento-San line 34 Joaquin Delta. department. The department shall also include a line 35 discussion of options to finance projects within the various line 36 strategies and the potential for alternative water pricing policies line 37 to change current and projected uses. The department shall include line 38 in the plan a discussion of the potential advantages and line 39 disadvantages of each strategy, how to maximize the strategy for line 40 long-term sustainability, how innovation and research can spur 92 — 5 — SB 366
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line 1 the implementation of each strategy, and an identification of all line 2 federal and state permits, approvals, or entitlements that may be line 3 required in order to implement the various components of the line 4 strategy.
line 5 (B) In carrying out this chapter, a public water system, irrigation line 6 district, or wastewater service provider shall not be required to line 7 implement a specific strategy or project.
line 8 (2) A discussion of environmental needs, including regulatory line 9 instream flow requirements, nonregulated instream uses, and water line 10 needs by wetlands, preserves, refuges, and other managed and line 11 unmanaged natural resource lands.
line 12 (3) A discussion of urban sector water needs, including line 13 maintaining tree health, residential and commercial landscapes, line 14 single-family and multifamily housing needs, community open line 15 green spaces, and a world-class economy.
line 16 (4) A discussion of agricultural water needs, including line 17 maintaining a viable and sustainable food supply, restoring line 18 groundwater tables, agricultural water use efficiency, surface water line 19 reliability for irrigation purposes, and an assessment of line 20 communities that rely directly and indirectly on agricultural line 21 activities for their livelihood.
line 22 (5) An analysis of the costs and benefits of achieving the water line 23 supply targets developed by the department or established in line 24 statute, including a cost-benefit analysis of various strategies and line 25 projects necessary to meet those supply targets. The cost-benefit line 26 analysis shall take into account the water needs of the economy line 27 and disadvantaged communities, and the water supplies required line 28 by regulation to protect the environment. The department shall line 29 also consider and incorporate into the analysis, if appropriate, line 30 existing studies or planning documents that quantify the costs and line 31 impacts to the state if it has inadequate water supplies to meet line 32 sustainable demands for all sectors.
line 33 (6) A report on the development of regional and local water line 34 projects within each hydrologic region of the state to improve line 35 water supplies to meet municipal, agricultural, and environmental line 36 water needs, meet the water supply targets, and minimize the need line 37 to import water from other hydrologic regions.
line 38 (e) The declaration set forth in subdivision (c) does not constitute line 39 approval for the construction of specific projects or routes for line 40 transfer of water, or for financial assistance, by the state without 92 SB 366 — 6 —
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line 1 further legislative action, nor shall the declaration be construed as line 2 a prohibition of the development of the water resources of the state line 3 by any entity.
line 4 (f) (1) Notwithstanding Section 10231.5 of the Government line 5 Code, the department shall report the amendments, supplements, line 6 and additions included in the updates of The California Water line 7 Plan, together with a summary of the department’s conclusions line 8 and recommendations, to the Legislature, in compliance with line 9 Section 9795 of the Government Code, in the session in which the line 10 updated plan is issued.
line 11 (2) The department shall submit to the Legislature an annual line 12 report between updates to the plan that includes progress made line 13 toward meeting the water supply targets once established. The line 14 Legislature may hold a hearing to review and accept public line 15 testimony on the report. The report shall include the list of line 16 recommended actions that require legislative intervention and line 17 those that can be implemented by the department or other state line 18 agencies. The written report shall be posted on the department’s line 19 internet website.
line 20 (3) (A) The department, in consultation with the California line 21 Water Commission, shall establish a stakeholder advisory line 22 committee, comprised of representatives of agricultural and urban line 23 water suppliers, local government, business, production agriculture, line 24 and tribes, labor representatives from building and construction line 25 trades, representatives of environmental justice and environmental line 26 interests, and other interested parties, to provide substantive input line 27 to assist the department in updating The California Water Plan. line 28 The department shall consult with and consider recommendations line 29 from the advisory committee in carrying out this section. The line 30 department shall accept applications for the stakeholder advisory line 31 committee before each update and ensure a balanced representation line 32 of members. The department shall provide written notice of line 33 meetings of the advisory committee to any interested person or line 34 entity that requests the notice. The meetings shall be open to the line 35 public.
line 36 (B) The department shall seek out and consider all relevant line 37 information from retail and wholesale water agencies, agriculture, line 38 business, labor, tribes, environmental and environmental justice line 39 communities, and any other communities potentially impacted by line 40 the plan and from researchers and experts on climate science, 92 — 7 — SB 366
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line 1 climate science solutions, water storage, water conveyance, and line 2 environmental protection.
line 3 (C) The department may add members to the stakeholder line 4 advisory committee to carry out the purposes of Section 10004.7. line 5 Additional stakeholder advisory committee members may include line 6 those from environmental justice sectors, local water supply line 7 agencies, and researchers and experts on climate science, climate line 8 science solutions, water storage, water conveyance, and line 9 environmental protection.
line 10 (4) In preparing any update of The California Water Plan, the line 11 department shall conduct a series of public workshops to give line 12 interested parties an opportunity to comment on the plan. The line 13 department shall conduct a portion of these workshops in regions line 14 of the state that have been impacted the most by drought and other line 15 weather extremes, including, but not limited to, communities with line 16 minority populations, communities with low-income populations, line 17 or both.
line 18 (5) The department shall release a preliminary draft of The line 19 California Water Plan, as updated, upon request, to interested line 20 persons and entities throughout the state for their review and line 21 comments. The department shall provide these persons and entities line 22 an opportunity to present written or oral comments on the line 23 preliminary draft. The department also shall post the preliminary line 24 draft on the department’s internet website. The department shall line 25 consider these comments in the preparation of the final publication line 26 of The California Water Plan, as updated.
line 27 (g) In carrying out this section, the department shall line 28 acknowledge state and federal requirements impacting the urban, line 29 agricultural, and environmental sectors at the time of the update. line 30 (h) Nothing in The California Water Plan shall be construed as line 31 a regulatory requirement.
line 32 SEC. 4. Section 10004.5 of the Water Code is repealed. line 33 SEC. 5. Section 10004.6 of the Water Code is amended to read:
line 34 10004.6. (a) As part of the 2028 update of The California line 35 Water Plan, the department shall conduct a study to determine the line 36 amount of additional water needed to meet the state’s future water line 37 needs and to establish a long-term water supply target for 2050. line 38 The target shall ensure sufficient water for all designated beneficial line 39 uses, recognize the impacts of climate change on the state’s water line 40 resources, support a sustainable economy, agricultural sector, and 92 SB 366 — 8 —
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line 1 environment, ensure safe drinking water for all Californians, and line 2 reflect statewide, regional, and local planning efforts. In line 3 establishing the long-term supply target, the department shall line 4 analyze current and future water trends, including identifying line 5 additional water necessary to sustain public trust resources. On or line 6 before December 31, 2027, the department shall release a line 7 preliminary draft of the assumptions and other estimates upon line 8 which the study will be based, to interested persons and entities line 9 throughout the state for their review and comments. The department line 10 shall provide these persons and entities an opportunity to present line 11 written or oral comments on the preliminary draft. The department line 12 shall consider these documents when adopting the final line 13 assumptions and estimates for the study. For the purpose of line 14 carrying out this subdivision, the department shall release, at a line 15 minimum, assumptions and other estimates relating to all of the line 16 following:
line 17 (1) Basin hydrology, including annual rainfall, estimated line 18 unimpaired streamflow, depletions, and consumptive uses. line 19 (2) Groundwater supplies, including estimates of sustainable line 20 yield, supplies necessary to recover overdraft basins, and supplies line 21 lost due to pollution and other groundwater contaminants. line 22 (3) Current and projected land use patterns, including the mix line 23 of residential, commercial, industrial, agricultural, and undeveloped line 24 lands.
line 25 (4) The supplies needed to meet environmental requirements at line 26 the time of the update, Environmental water needs, including line 27 regulatory instream flow requirements and water needs by line 28 wetlands, preserves, refuges, and other managed and unmanaged line 29 natural resource lands.
line 30 (5) Opportunities for demand management.
line 31 (6) Current and projected population.
line 32 (7) Current and projected water use for all of the following:
line 33 (A) Interior uses in a single-family dwelling. line 34 (B) Exterior uses in a single-family dwelling. line 35 (C) All uses in a multifamily dwelling.
line 36 (D) Commercial uses.
line 37 (E) Industrial uses.
line 38 (F) Parks and open spaces.
line 39 (G) Agricultural water diversion and use.
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line 1 (8) Evapotranspiration rates for major crop types, including line 2 estimates of evaporative losses by irrigation practice and the extent line 3 to which evaporation reduces transpiration.
line 4 (9) Current and projected adoption of urban and agricultural line 5 conservation practices.
line 6 (10) Current and projected supplies of water provided by water line 7 recycling and reuse.
line 8 (11) Current and projected water and infrastructure needs of line 9 disadvantaged communities, as defined in Section 79505.5, served line 10 by public water systems, state small water systems, and individual line 11 domestic wells, including, but not limited to, access to safe and line 12 affordable drinking water and sanitation, water quality, and water line 13 supply. The department may incorporate by reference the State line 14 Water Resources Control Board’s Drinking Water Needs line 15 Assessment or other available relevant assessments or reports. line 16 (12) Climate change impacts by region and resulting water line 17 supply trends, including changes in timing and intensity of line 18 snowmelt runoff.
line 19 (b) The department shall include a discussion of the potential line 20 for alternative water pricing policies to change current and line 21 projected water uses identified pursuant to paragraph (7) of line 22 subdivision (a).
line 23 (c) As part of the 2028 update to the plan, the department shall line 24 include a water supply an interim planning interim target of line 25 10,000,000 9,000,000 acre-feet of additional water water, water line 26 conservation, or water storage capacity to be achieved by 2040 line 27 which, in addition to traditional sources of supply, includes water line 28 that contributes to that supply through 2040. This target may be line 29 achieved through the development of new or expanded surface or line 30 groundwater storage, conservation efforts, or the development of line 31 stormwater capture, graywater, and recycled water. recycled water, line 32 or other water supplies.
line 33 (d) This section does not require or prohibit the department from line 34 updating any data necessary to update The California Water Plan line 35 pursuant to subdivision (d) of Section 10004.
line 36 SEC. 6. Section 10005 of the Water Code is repealed. line 37 SEC. 7. Section 10013 of the Water Code is repealed.
O
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 7/16/2024
DEPARTMENT: City Manager
SUBJECT:
STRATEGIC PLAN QUARTERLY UPDATE
RECOMMENDED ACTION(S):
Receive and file.
EXECUTIVE SUMMARY:
On June 20, 2023, the City Council approved the City’s Strategic Plan covering Fiscal Years 2023-24 through 2029-30 (“Strategic Plan”). The Strategic Plan includes major goals established by the City Council and a series of initiatives that facilitate progress towards each goal. The Strategic Plan’s Implementation Matrix includes 80 initiatives (Attachment 1). Each initiative has been assigned to a lead department and includes a description of the funding source. The Strategic Plan is updated every two years in conjunction with the development of the City’s two-year operating budget.
Each quarter, the City Manager’s Office provides an update to the City Council summarizing the progress made on the Strategic Plan during the preceding three months. This is the fourth quarterly report submitted to the City Council since the Strategic Plan’s inception on June 20, 2023. The City has either started, completed, or made substantial progress on 70 of the initiatives in the Implementation Matrix. 30 of the 80 initiatives have been completed. A complete progress report for Year 1, Quarter 3 of the Strategic Plan is provided as Attachment 2.
BACKGROUND:
The City’s Strategic Plan was approved on June 20, 2023. The Strategic Plan was developed through a comprehensive public engagement process that included residents, each commission, and the City Council. The Strategic Plan includes three major goals:
Goal A – Our City is well-planned, attractive, and safe.
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Goal B – Our connected City is engaged, informed, and technologically current.
Goal C – Our healthy City government is sustainable and well-run with committed people.
The Strategic Plan’s Implementation Matrix includes 80 initiatives that are assigned to one of the three goals. Each of these initiatives facilitate progress towards one of the goals.
DISCUSSION:
The City Manager’s Office actively manages the City’s Strategic Plan, receiving periodic reports from departments to assess the progress made towards plan goals. Since the Strategic Plan’s inception, the City has either started, completed, or made substantial progress on 70 of the initiatives in the Implementation Matrix. The overall progress made on the Strategic Plan is illustrated in Attachment 2. The City Manager’s Office has selected 10 completed Strategic Plan initiatives to highlight for this quarterly report (Table 1).
Table 1: Year 1, Q4 Strategic Plan Quarterly Report
Initiative Description Update
Goal A: Our livable City is well-planned, attractive, and safe.
SP#17 – New
Franchise
Agreement
Enter into new franchise
agreement that incorporates State
mandates with reasonable pricing
for residents and businesses,
rollout of new bins, and
commercial bin inspection.
**Most Lake Forest residents are
aware of organics recycling
requirements, but many cite
barriers to compliance in 2023
Community Satisfaction Survey
(pg. 49-57)**
Successfully led a joint
effort with the City of
Laguna Hills to procure a
new solid waste services
agreement, effective July
1, 2025.
SP#20 – Taste of
Lake Forest 2.0
Reintroduce "Taste of Lake
Forest" with financial support from
the Strategic Economic
Investment Program for Fall 2023
and 2024.
**Promoting/advertising local
businesses was the most
The event took place on
June 21, 2024, at the
Heritage Hill Historical Park
and was a successful
partnership with the County
of Orange, the Lake Forest
Chamber of Commerce,
and all participating
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Initiative Description Update
common suggestions provided by
residents on how the City can
improve business climate (pg.
20)**
sponsors, restaurants, and
vendors present.
SP#21 – Hotel
Marketing
Campaign
Procure marketing consultant to
develop and initiate a "Stay in
Lake Forest" marketing campaign
to bolster occupancy rates and
assist hotels recovering from the
COVID-19 pandemic.
**Promoting/advertising local
businesses was the most
common suggestions provided by
residents on how the City can
improve business climate (pg.
20)**
This effort will transition
into the Citywide Branding
Services effort. Per input
from the Audit Committee,
the effort will be expanded
into a comprehensive Citywide branding campaign
that would include
promoting the City’s 14
hotels in addition to
highlighting the unique
attributes of the City.
SP#43 – Senior
Mobility Program
Expansion
Expand marketing for Senior
Mobility Program and add
locations to increase participation.
**Residents think providing
recreational opportunities to
various resident demographics is
important and are appreciate
services for seniors in 2023
Community Satisfaction Survey
(pg. 6 & 34)**
The program expansion
has been completed and
staff has begun to
advertise the expansion.
SP#47 –
Neighborhoodbased Emergency
Management Team
Merge existing Neighborhood
Watch program with an
emergency management-focused
program to increase
neighborhood familiarity with
emergency response and
evacuation procedures. Fire
watch on foothills.
**Residents value the City's
neighborhood watch efforts and
remain interested in emergency
preparedness in the 2023
Community Satisfaction Survey
(pg. 39)**
During all Neighborhood
Watch meetings, the City
has added a component to
talk about emergency
management, including
CERT, and emergency
notification protocols. Staff
also shares this at public
safety meetings with
Homeowners’
Associations.
Goal B: Our connected City is engaged, informed, and technologically current.
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Initiative Description Update
SP#54 – Inaugural
Lunar New Year
Produce the City's first Lunar New
Year and Mid-Autumn Festival
events - open to the community.
**Providing community events
(and more of them) remains
important to both residents and
local businesses (pg. 6-7)**
Initiative was transitioned
into the Multicultural
Festival held on June 8,
2024, which was a big
success.
SP#56 – Citywide
Translation
Services
SP#57 –
Translation
Services Policy
Procure translation services for all
City departments to ensure
communications accommodate
language needs.
For those members of the
public that believe their
public comments would
more effectively
communicated in their
primary language,
interpretation services are
available for City Council
meetings. An
administrative procedure
has been written and
signed by the City
Manager. The procedure is
listed on the cover sheet of
the City Council agenda
and is advertised on the
city website and social
media. The policy includes
translation services for
Spanish and Chinese.
Goal C: Our healthy City government is sustainable and well-run with committed people.
SP#71 – Upgrade
Community Facility
Amenities
Procure a fold-away dance floor
and decorations, moving lights,
piano, and spider box to
accommodate more events that
sustain facility rental revenue.
All upgrades have been
procured and are in use at
the Civic Center.
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Initiative Description Update
SP#76 – Enhanced
Internal Survey
System
Procure enhanced employee
survey system to track the
productivity and wellbeing of Lake
Forest workforce.
Human Resources
designed and launched
internal surveys to engage
employees on topics such
as training and
development, stay and exit
interviews, and employee
benefits. HR will continue
to deploy periodic surveys
to gather employee input
on an ongoing basis and
maintain a productive and
well-engaged workforce.
Additionally, an Employee
Survey shall be deployed
prior to 2025 Strategic Plan
Update that will allow for
comparison with other
cities/agencies.
SP#78 – Modernize
Recruitment
System
Advertise job opportunities on
contemporary platforms and
establish a remote interview
process.
Human Resources updated
modes of communications
including the use of text
messaging, a preferred
method of communication,
and the integration of a
video interviewing platform
to accommodate virtual
interviews. The initiative
also has included updates
to standard interview
questions and expanding
the engagement of
prospective candidates
across a broader range of
social networks.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
ATTACHMENTS:
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1. 2023-24 – 2029-30 Strategic Plan
2. Strategic Plan Progress Report: Year 1, Q4
Initiated By: Nidia Ruelas, Assistant to the City Manager Submitted By: Debra Rose, City Manager
Approved By: Keith Neves, Assistant City Manager
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ATTACHMENT 2
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Strategic Plan Quarterly Report
Year 1, Q4
Initiative # Initiative Title Initiative/Project Description Lead Department Estimated Completion Date Status Complete infrastructure projects that increase mobility and reduce congestion with Lake Forest Transportation Mitigation (LFTM) funds paid for by developments. - Lake Forest Rd & Rancho Pkwy (LFTM) (24T05)
- El Toro Rd & Portola Pkwy/Santa Margarita Pkwy (LFTM) (PW2019-03) - Bake Pkwy & Irvine Blvd/Trabuco Rd (LFTM) (PW2019-02) - Bake Pkwy & Jeronimo Rd (LFTM) (PW2020-04)
- Lake Forest Dr & Jeronimo Rd (LFTM) (24T06)
Lake Forest Transportation
Mitigation Program
SP#1 Public Works FY 2021-22 - FY 2025-26 Substantial Progress - Lake Forest Dr & Rockfield Blvd (LFTM) (PW2025-03)
- Los Alisos & Rockfield (LFTM) (24T0Z)
- Lake Forest Dr. & I-5 - not within City-limits (LFTM/NITM) - Bake Pkwy & Rockfield - not within City-limits (LFTM) Use Meadows Traffic Improvement Funds (MTIF) to manage impacts related to the Meadows development. Meadows Traffic Mitigation
Program
SP#2
SP#3
Public Works
Public Works
FY 2022-23 - FY 2023-24
FY 2022-23 - FY 2023-24
Substantial Progress
Substantial Progress
- Bake Pkwy/Baffin Bay Intersection Improvements (PW2020-19) - Bake Pkwy/Toledo Way Intersection Improvements (PW2020-18) Utilize developer-funded Foothill Circulation Phasing Plan (FCPP) to make various transportation improvements that reduce congestion and improve traffic flow.
Foothill Circulation Phasing Plan - Los Alisos Blvd/Muirlands Blvd Intersection Improvements (24T08) - Jeronimo Rd Widening at El Toro Rd (PW2019-08)
- El Toro Rd Raised Medians from Jeronimo Rd to Trabuco Rd (PW2020-07) Projects which increase mobility and implement new approaches to traffic circulation.
New Traffic Circulation/Mobility
Projects
SP#4
SP#5
- Protective Permissive Left Turn Project (24T02)
- Increase Bike Lanes in Lake Forest
- Trabuco Rd Ascension Cemetery Left Turn Holding Pocket (24S03) Public Works
Public Works
FY 2021-22 - FY 2025-26
FY 2021-22 - FY 2023-24
Substantial Progress
Substantial Progress
Utilize grants and other transportation funds to complete traffic signal synchronization projects that provide more efficient traffic flow.
- Alton Pkwy (PW2020-16)
- Lake Forest Dr (18T03) Traffic Signal Synchronization - Portola Pkwy (PW2020-15)
- Bake Pkwy and Rockfield Blvd (25T03)
- Irvine Blvd./Trabuco Rd (25T04)
Construct pavement rehabilitation projects to repair and maintain the quality of the roads (# PW 2021-05A/B, # PW 2022-05A/B, # PW 2023-05A/B, # PW 2024-05A/B, # PW 2025-05A/B, # PW 2026-05A/B, # PW 2027-05A/B, # PW 2027-8-05A/B)(various projects to be changed upon CIP adoption)
Study intersections throughout the City to consider operational improvements, such as dedicated turn lanes and other traffic flow improvements.
Maintain "Good" Pavement
Condition of the City's Roads SP#6
SP#7
Public Works
Public Works
FY 2021-22 - FY 2027-28
FY 2023-24
Substantial Progress
Started Traffic Operational Improvement
Study & Improvement Project **"Traffic congestion" is the highest rated community concern in the 2023 Community Satisfaction Survey (pg. 6 & 32)**
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Strategic Plan Quarterly Report
Year 1, Q4
Initiative # Initiative Title Initiative/Project Description Lead Department Estimated Completion Date Status Trail Connection from Nature Park to Meadows Development Trail System - preliminary studies and concept.
Nature Park to Meadows
Development Trail Connection SP#8 **38% of residents would like to see more part amenities and additional trails was walking trails is a component of that category from 2023 Community Satisfaction Survey (pg. 6 & 32)**
Public Works FY 2024-25 Not Started
-Trabuco Road/Ascension Cemetery Left Turn Holding Pocket Addition (24S03) -Trabuco Asphalt Trail Rehabilitation Project (24P16)
-Trabuco Road Resurfacing (24S01A)
SP#9 Trabuco Road Improvements
Parking Enforcement
Public Works FY 2024-25
FY 2023-24
Substantial Progress
Completed
**"Traffic congestion" is the highest rated community concern in the 2023 Community Satisfaction Survey (pg. 6 & 32)**
Procure private parking enforcement service to increase enforcement response and facilitate cleaner neighborhood streets and adjust staffing accordingly.
SP#10 City Manager/ Police Services
Public Works
**Parking issues remain a moderate to significant neighborhood concern for many residents in the 2023 Community Satisfaction Survey (pg. 48)**
Installation of raised hardscaped medians would improve traffic safety. These locations include Trabuco Rd north of El Toro Rd, and on Rockfield Blvd south of Lake Forest Dr. (24S09)
Develop and implement programs to promote energy conservation in construction and transportation projects. Procure consultant to assist with implementing energy conservation Community Development and pollution reduction strategies.
Arterial Median Improvement
Project
SP#11
SP#12
FY 2023-24
FY 2023-24
Substantial Progress
General Plan Implementation Substantial Progress
Procure consultant and conduct study related to current and projected demand for commercial and industrial uses. Commercial & Industrial Property Alignment Study SP#13
SP#14
Community Development FY 2023-24
FY 2023-24
Started
**Residents are interested in attracting new businesses, but concerned about impacts growth can have in 2023 Community Satisfaction Survey (pg. 20) Procure consultant to report on the City's current shopping center inventory and recommend transition or re-tenant options based on shopper preferences and other economic trends. Shopping Center Study Economic Development Substantial Progress **Attracting new restaurants and stores is the most common specific suggestion residents provide when asked how the City can improve the community (pg. 5)** Effectuate the City's AFFH Implementation Plan, which includes landlord, tenant, and developer education. Affirmatively Furthering Fair
Housing
SP#15
SP#16
Community Development
Management Services
FY 2023-24
FY 2023-24
Completed
Completed
**Housing affordability and homelessness are key issues both businesses and residents cited in the 2023 Community Satisfaction Survey (pg. 5, 20-21)** Market affordable housing opportunities to the community.
Affordable Housing
Opportunities Promotion **Housing affordability and homelessness are key issues both businesses and residents cited in the 2023 Community Satisfaction Survey (pg. 5, 20-21)** 2 of 11
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Strategic Plan Quarterly Report
Year 1, Q4
Initiative # Initiative Title Initiative/Project Description Lead Department Estimated Completion Date Status Enter into new franchise agreement that incorporates State mandates with reasonable pricing for residents and businesses, rollout of new bins, and commercial bin inspection.
SP#17 New Franchise Agreement Public Works FY 2023-24 Completed **Most Lake Forest residents are aware of organics recycling requirements, but many cite barriers to compliance in 2023 Community Satisfaction Survey (pg. 49-57)** Expand non-profit administered pilot program providing "bridge" housing vouchers to prevent homelessness.
SP#18
SP#19
SP#20
Pilot Gap Housing Program
Legislative Advocacy
City Manager FY 2023-24
FY 2024-25
FY 2023-24
Substantial Progress
Completed
**Housing affordability and homelessness are key issues both businesses and residents cited in the 2023 Community Satisfaction Survey (pg. 5, 20-21)** Procure multi-year government affairs contract to advocate for Lake Forest's interests at the State and Federal levels.
City Manager **Issues related to housing, homelessness, and infrastructure remain top concerns of Lake Forest residents and all have connections to State- and Federal-level policymaking. Issues are highlighted throughout 2023 Community Satisfaction Survey** Reintroduce "Taste of Lake Forest" with financial support from the Strategic Economic Investment Program for Fall 2023 and 2024.
Taste of Lake Forest 2.0 Economic Development Completed **Promoting/advertising local businesses was the most common suggestions provided by residents on how the City can improve business climate (pg. 20)** Procure marketing consultant to develop and initiate a "Stay in Lake Forest" marketing campaign to bolster occupancy rates and assist hotels recovering from the COVID-19 pandemic.
SP#21
SP#22
Hotel Marketing Campaign Economic Development FY 2023-24 FY 2024-25
In Transition
Completed
**Promoting/advertising local businesses was the most common suggestions provided by residents on how the City can improve business climate (pg. 20)** Establish a brewery-focused grant or microloan program.
Brewery Attraction
Grant/Microloan **Attracting new restaurants is the most common specific recommendation residents have Economic Development for the City and some desire more nightlife options in 2023 Community Satisfaction Survey (pg. 19-20)**
Develop and present plan to reformulate the City's SEIP SP#23
SP#24
SEIP 2.0 Economic Development FY 2023-24
FY 2023-24
Substantial Progress
Substantial Progress
**Attracting new and promoting existing businesses remains a top resident suggestion for the City in the 2023 Community Satisfaction Survey (pg. 19-20)** Create new street name sign design and replace street signs citywide, beginning in southwest Lake Forest. Citywide Street Sign Refresh Public Works
Public Works
Alterations to landscaping, grade, and retaining wall structure in response to Neighborhood Improvement Program outreach. Cavanaugh Park Upgrade Project - Phase 1 SP#25 FY 2023-24 Completed
**Maintaining parks is one of the top three concerns residents have related to the Public Works Department in the 2023 Community Satisfaction Survey (pg. 6 & 32)** 3 of 11
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Strategic Plan Quarterly Report
Year 1, Q4
Initiative # Initiative Title Initiative/Project Description Lead Department Estimated Completion Date Status Develop and implement noise mitigation strategies to protect residents from excessive exposure to noise.
SP#26 Noise Ordinance Update Community Development FY 2023-24 Substantial Progress -El Toro Road Bus Shelter Renovations (24S04)
-Arterial Wall Enhancements in Southwest Lake Forest (24S06) -Ridge Route Median Improvement Projects (24S07)
-Cavanaugh Park Neighborhood Outreach Response Upgrades (25P08) -Audible Pedestrian Signals (25T01) Southwest Lake Forest Investment Projects
SP#27 Public Works FY 2024-25 Started
**Maintaining local roads, parks, and other infrastructure are top concerns for residents and businesses in 2023 Community Satisfaction Survey, along with improving the appearance of deteriorating areas (pg. 6-10, & 20)**
Design and launch volunteer effort to provide landscaping and other basic maintenance services to low-income residents. Property Maintenance Volunteer Program
SP#28
SP#29
Community Development
Community Development
FY 2024-25
FY 2023-24
Started
**Nearly half of Lake Forest residents cite lack of building upkeep and landscaping issues as neighborhood issue (pg. 48)**
Transition from pilot to long-term program for neighborhood improvement activities.
Procure multi-year outreach consulting contract and establish basic framework to be replicated. Neighborhood Improvement
Task Force Substantial Progress
**Nearly 2/3 of residents cite significant neighborhood issues that should be improved by the City, such as parking, lack of property maintenance, homelessness, and overcrowding (pg. 10 & 48)**
Develop and implement new citywide community preservation program to assist residents in need who may be unable to address code violations, deteriorated property, and neglected Community Preservation maintenance.
Program
SP#30 Community Development FY 2024-25 Started
**Almost half of residents surveyed reported that lack of property maintenance, noise, parking, and graffiti are having a negative impact on their neighborhood (pg. 48)** Reactivate Arbor Mini Parks through new uses, perimeter fencing, and new landscaping. (PW2019-17) SP#31
SP#32
Arbor Mini Parks Public Works FY 2023-24
FY 2024-25
Completed
Started
Conduct public engagement campaigns for the redevelopment of Lake Forest Nature Park and Lake Forest Park and present conceptual plans for City Council consideration. (25P08) Lake Forest Nature Park & Lake Forest Park Concept Design Management Services
**Maintaining local roads, parks, and other infrastructure are top concerns for residents and businesses in 2023 Community Satisfaction Survey (pg. 6-10)** Procure specialist consultant and conduct public engagement campaign centered around changes to the Etnie's Skate Park and present conceptual plans for City Council Etnie's Skate Park Remodel consideration. (25P03)
Concept Design
SP#33
SP#34
Management Services FY 2024-25
FY 2024-25
Not Started
Completed
**Maintaining local roads, parks, and other infrastructure are top concerns for residents and businesses in 2023 Community Satisfaction Survey (pg. 6-10)** Public Works project to mitigate vandalism at public bathrooms in parks. Neighborhood outreach to assess usership of bathrooms by adjacent neighborhood. (25P14) Park Usability Enhancements Public Works/ Management Services **Maintaining local roads, parks, and other infrastructure are top concerns for residents and businesses in 2023 Community Satisfaction Survey (pg. 6-10)** 4 of 11
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Strategic Plan Quarterly Report
Year 1, Q4
Initiative # Initiative Title Initiative/Project Description Lead Department Estimated Completion Date Status Perform renovations at sports fields at Heroes Park, including irrigation, baseball field improvements, and leveling. (25P10) Heroes Park Sports Field Renovations
SP#35 Public Works FY 2024-25 Not Started
**Maintaining local roads, parks, and other infrastructure are top concerns for residents and businesses in 2023 Community Satisfaction Survey (pg. 6-10)** Sports park lighting study to assess feasibility of lighting upgrades and potential cost savings.
SP#36 Sports Park LED Lighting Study Public Works FY 2024-25 Completed **Maintaining local roads, parks, and other infrastructure are top concerns for residents and businesses in 2023 Community Satisfaction Survey (pg. 6-10)** Complete various significant maintenance or enhancement projects to retain the high-quality of the City's park facilities.
- Playground Resurfacing Projects
- Heroes Park Electrical Repairs and LED/Efficiency Upgrades (PW2023-08) - El Toro Lodge Pole Fencing Repairs (PW2021-09)
SP#37 Park Enhancements Public Works FY 2021-22 - FY 2024-25 Substantial Progress - Park Gazebo Repair & Replacement (PW2022-09)
- Replace synthetic fields installed in 2014 at the Lake Forest Sports Park (25P02) Neighborhood Park Renovations -
Phase 3 SP#38
SP#39
Renovate Lake Forest Park and the Nature Park based upon a community input process Public Works Public Works
FY 2024-25
FY 2023-24
Not Started
Not Started
Procure consultant to produce a study highlighting the impact that heavy freight traffic has on the City's roadway network. Heavyweight Vehicle Impact Study **Maintaining local roads, parks, and other infrastructure are top concerns for residents and businesses in 2023 Community Satisfaction Survey (pg. 6-10)** Foothill Ranch Park – 1 Hockey Rink Conversion to Box Lacrosse Foothill Ranch Sport Rink
Conversion
SP#40
SP#41
Management Services/ Public Works
Management Services/ Public Works
FY 2024-25
FY 2024-25
Started
Started
**Providing recreation opportunities to a wide range of users is an important issue for residents in 2023 Community & Business Satisfaction Survey (pg. 6)** Study existing court offerings and potentially repurpose existing tennis and other courts to pickleball.
Pickleball Court Study
**Providing recreation opportunities to a wide range of users is an important issue for residents in 2023 Community & Business Satisfaction Survey (pg. 6)** Establish community-based focus groups to improve programming offerings to the public.
SP#42 Community Focus Groups Management Services FY 2023-24 Started **Providing recreation opportunities to a wide range of users is an important issue for residents in 2023 Community & Business Satisfaction Survey (pg. 6 & 34)** 5 of 11
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Strategic Plan Quarterly Report
Year 1, Q4
Initiative # Initiative Title Initiative/Project Description Lead Department Estimated Completion Date Status Expand marketing for Senior Mobility Program and add locations to increase participation.
Senior Mobility Program
Expansion
SP#43 **Residents think providing recreational opportunities to various resident demographics is important and are appreciate services for seniors in 2023 Community Satisfaction Survey (pg. 6 & 34)**
Management Services FY 2023-24 Completed
Expand special needs programming to include resource fair and Special Olympics.
SP#44
SP#45
Special Needs Programming **A majority of residents surveyed for the 2023 Community Satisfaction Survey stated providing special needs programming from Community Services was very or extremely important (pg. 6 & 34)**
Negotiate lease extensions at Lake Forest Golf & Practice Center (expires January 2025) and Equestrian Center (expires August 2026) to continue program offerings and maintain strong Economic Development relationships with tenants.
Management Services FY 2024-25
FY 2025-26
Started
Started Golf Course & Equestrian Center
Lease Extensions
Complete implementation of Lake Forest geofence and procure mobile ALPR cameras.
SP#46
SP#47
SP#48
Lake Forest Geofence **Maintaining a low crime rate and investigating crimes are the most important issue related Police Services to Police Services for both residents and businesses in the 2023 Community Satisfaction Survey (pg. 6)**
FY 2023-24
FY 2023-24
FY 2023-24
Completed
Completed
Merge existing Neighborhood Watch program with an emergency management-focused program to increase neighborhood familiarity with emergency response and evacuation Neighborhood-based Emergency procedures. Fire watch on foothills.
Management Team
City Manager/ Police Services
City Manager/ Police Services
**Residents value the City's neighborhood watch efforts and remain interested in emergency preparedness in the 2023 Community Satisfaction Survey (pg. 39)** Public awareness campaign regarding e-bike regulations and collaborate with local schools to enhance rider safety. E-Bike Public Awareness & Safety
Campaign
Substantial Progress
**Improving public safety at/near parks and maintaining a low crime rate were important issues for residents in the 2023 Community Satisfaction Survey (pg. 6 & 37)** Identify risks and vulnerability associated with natural disasters and develop long-term strategies for protecting people and property from future hazards.
Procure advanced emergency notification system to notify residents and stakeholders of emergency evacuations.
SP#49
SP#50
Local Hazard Mitigation Plan Community Development
Police Services
FY 2023-24
FY 2024-25
Substantial Progress
Emergency Notification Strategy In Transition
**Residents remain interested in emergency preparedness in the 2023 Community Satisfaction Survey (pg. 39)**
Procure drone and provide formal drone pilot training to staff for event and facility marketing, implement website chatbot, and stream LFTV on City website.
SP#51
SP#52
Modernize Marketing Tools
Expand Holiday Lighting
Management Services
Management Services
FY 2024-25
FY 2024-25
Substantial Progress
Substantial Progress
**Most residents are satisfied with the City's communication efforts and increasingly rely on social media and electronic forms of communication (pg. 60-76)** Expand holiday lighting display along El Toro Road corridor. **Providing community events (and more of them) remains important to both residents and local businesses (pg. 6-7)**
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Item: 14
527
Strategic Plan Quarterly Report
Year 1, Q4
Initiative # Initiative Title Initiative/Project Description Lead Department Estimated Completion Date Status 20th anniversary celebration of the Etnie's Skatepark of Lake Forest.
Etnie's Skate Park of Lake Forest
20th Anniversary Celebration SP#53 Management Services FY 2023-24 Completed **Providing community events (and more of them) remains important to both residents and local businesses (pg. 6-7)**
Produce the City's first Lunar New Year and Mid-Autumn Festival events - open to the community.
SP#54
SP#55
Inaugural Lunar New Year
Accessibility Enhancements
Management Services
City Clerk
FY 2023-24
FY 2022-23
Completed
Completed
**Providing community events (and more of them) remains important to both residents and local businesses (pg. 6-7)**
Expand and preserve access to City Hall by analyzing how Census data may impact resident communication, increase disability accommodations, and provide other services to ensure broad community participation.
Procure translation services for all City departments to ensure communications accommodate language needs. SP#56 Citywide Translation Services City Clerk FY 2023-24 Completed SP#57
SP#58
Translation Services Policy
Passport Issuance Program
Establish policy related to language translation services at public meetings and gatherings.
Relaunch passport service provided by the City Clerk's Office City Clerk
City Clerk
FY 2023-24
FY 2023-24
Completed
Completed
SP#59 Youth in Government Day Partner with SVUSD and student organizations to institute Youth in Government Day Procure informal resident survey system to gather quick feedback on neighborhood issues.
City Clerk/ Management Services FY 2023-24 Completed
SP#60 Informal Resident Survey System Management Services FY 2023-24 Completed **Most residents are satisfied with the City's communication efforts and increasingly rely on social media and electronic forms of communication (pg. 60-76)** Digitalization of Community
Services
Modernize payment system for City events and programming, credit card payments for special events, and provide electronic submission of event applications and insurance. SP#61 SP#62
Management Services
City Clerk
FY 2023-24
FY 2023-24
Started
Provide Convenient Access to
Permit and Other City Records
Link EnerGov to the City's Laserfiche system to provide the public with more convenient access to public records related to permits, property information, previous PRA's, etc. Completed Establish new firewalls at Civic Center, Lake Forest Sports Park, and Etnie's Skate Park site and conduct cyber security assessment.
Complete Microsoft 365 Implementation and transition all conference rooms to Teamscompatible SP#63
SP#64
Cyber Security Enhancement
Microsoft 365 Full Integration
Information Technology
Information Technology
FY 2023-24
FY 2024-25
Completed
Substantial Progress
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Strategic Plan Quarterly Report
Year 1, Q4
Initiative # Initiative Title Initiative/Project Description Lead Department Estimated Completion Date Status Use technology to enhance access to permitting, plan check, and building records for the public. SP#65 Building Services Modernization Community Development FY 2023-24 Started SP#66
SP#67
SP#68
SP#69
Online Permitting Configure and implement online permitting and plan check review for solar-related permits. Community Development Develop a strategy or policy with Audit Committee for determining how to appropriate oneFY 2023-24 FY 2023-24
Completed
Strategy for "One Time" Revenue City Manager/ Finance Not Started time revenues (development fees, stimulus funds, etc.).
General Fund Risk Reserve Policy
Update Update the City's risk-based reserves policy to reflect long-term strategic planning goals. Finance FY 2024-25 Not Started Conduct a comparative analysis of City of Lake Forest fees vs fees charged for similar services in nearby communities. Biennial Fee Study Finance FY 2020-21 - FY 2024-25 Substantial Progress Study locations within the City where non-functional turf could be replaced with different drought tolerant landscaping, improving water conservation and efficiency. Non-Functional Turf Removal Study SP#70 Public Works FY 2024-25 Not Started
**Residents consistently rank maintaining public landscaping as a top issue for services provided by the Public Works Department (pg. 32)**
Upgrade Community Facility
Amenities
Payroll Insourcing Study &
Implementation
Evaluate Housing Authority
Elimination
Implement New Procurement
System
Procure a fold-away dance floor and decorations, moving lights, piano, and spider box to accommodate more events that sustain facility rental revenue.
Produce analysis comparing in-house payroll processing costs vs outsourced arrangement and implement in-house system if financially justified.
Evaluate the potential dissolution of the Lake Forest Housing Authority to reduce administrative costs.
SP#71
SP#72
SP#73
SP#74
SP#75
Management Services FY 2024-25
FY 2024-25
FY 2024-25
FY 2023-24
FY 2023-24
Completed
Finance Not Started
Finance Not Started
Implement new procurement system that accommodates the City's internal processes. Finance Completed Develop and implement policies that preserve the City's ability to effectively manage services provided by contract staff. Contract Staffing Policy City Manager/ Management Services Substantial Progress Procure enhanced employee survey system to track the productivity and wellbeing of Lake Forest workforce. SP#76 Enhanced Internal Survey System City Manager/ Management Services FY 2023-24 Completed 8 of 11
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529
Strategic Plan Quarterly Report
Year 1, Q4
Initiative # Initiative Title
Lake Forest Research &
Development Team
Initiative/Project Description
Internal team of emerging leaders to research, develop, and recommend key policy initiatives.
Lead Department
City Manager
Estimated Completion Date Status
SP#77 FY 2023-24 Completed
Advertise job opportunities on contemporary platforms and establish a remote interview process.
SP#78
SP#79
Modernize Recruitment System
Succession Planning
City Manager/ Management Services
City Manager/ Management Services
FY 2023-24
FY 2024-25
Completed
Started Implement employee growth program that includes formal stretch assignments, development tracking, and cross-departmental learning opportunities.
Develop standard for assessing staffing needs for the OCSD contract and the potential of adding two deputies with an approximate first year cost $900,000 and $700,000 annually thereafter.
Law Enforcement Staffing Needs
Evaluation SP#80 City Manager/ Police Services FY 2023-24 Started 9 of 11
Item: 14
530
Strategic Plan Quarterly Report
Year 1, Q4
Overall Progress (Quarterly)
80 70
60 50
40 30
20 10
0 Q1 Q2 Q3 Q4
In Transition 2
Completed
Substantial Progress
Started
3 12
22 22
24 17
27 21
15 30
23 15
10 18
14 Not Started 45
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Item: 14
531
Strategic Plan Quarterly Report
Year 1, Q4
Goal Progress to Date, Y1, Q4
100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
Goal A Goal B Goal C
Not Started Started Substantial Progress Completed In Transition 11 of 11
Item: 14
532