Lake Forest City Council
July 1, 2025

line 1 submitted all of the items required on the local agenc y’s submittal line 2 requirement checklist, and the local agenc y upholds this line 3 determination in the final written determination on an appeal filed line 4 pursuant to subdi vision (c) of Section 65943.
line 5 (i v)  If a local agenc y determines that an application is line 6 incomplete under Section 65943 after tw o resubmittals of the line 7 application by the applicant, the local agency shall bear the burden line 8 of establishing that the determination is not an effective disapproval line 9 of a housing de velopment project under this section. line 10 (G)   Violates subparagraph (D) or (E) of paragraph (6) of line 11 subdi vision (f).
line 12 (H)  Makes a written determination that a preliminary application line 13 described in subdi vision (a) of Section 65941.1 has expired or that line 14 the applicant has otherwise lost its v ested rights under the line 15 preliminary application for an y reason other than those described line 16 in subdi visions (c) and (d) of Section 65941.1. line 17 (I)   (i)  Fails to make a determination of whether the project is line 18 e xempt from the California Environmental Quality Act (Division line 19 13 (commencing with Section 21000) of the Public Resources line 20 Code), or commits an abuse of discretion, as defined in subdivision line 21 (b) of Section 65589.5.1 if all of the conditions in Section line 22 65589.5.1 are satisfied.
line 23 (ii)   This subparagraph shall become inoperative on January 1, line 24 2031.
line 25 (J)   (i)  Fails to adopt a ne gative declaration or addendum for line 26 the project, to certify an en vironmental impact report for the line 27 project, or to approve another comparable environmental document, line 28 such as a sustainable communities en vironmental assessment line 29 pursuant to Section 21155.2 of the Public Resources Code, as line 30 required pursuant to the California En vironmental Quality Act line 31 (Di vision 13 (commencing with Section 21000) of the Public line 32 Resources Code), if all of the conditions in Section 65589.5.2 are line 33 satisfied.
line 34 (ii)   This subparagraph shall become inoperative on January 1, line 35 2031.
line 36 (7)  (A)  For purposes of this section and Sections 65589.5.1 and line 37 65589.5.2, “la wful determination” means any final decision about line 38 whether to appro ve or disappro ve a statutory or cate gorical line 39 e xemption or a ne gative declaration, addendum, en vironmental line 40 impact report, or comparable en vironmental re view document 97 AB 650 — 63 —

line 1 under the California En vironmental Quality Act (Di vision 13 line 2 (commencing with Section 21000) of the Public Resources Code) line 3 that is not an ab use of discretion, as defined in subdivision (b) of line 4 Section 65589.5.1 or subdi vision (b) of Section 65589.5.2. line 5 (B)  This paragraph shall become inoperative on January 1, 2031. line 6 (8)   “Lower density” includes any conditions that have the same line 7 ef fect or impact on the ability of the project to provide housing. line 8 (9)   Until January 1, 2030, “objecti ve” means in volving no line 9 personal or subjecti ve judgment by a public official and being line 10 uniformly v erifiable by reference to an e xternal and uniform line 11 benchmark or criterion a vailable and kno wable by both the line 12 de velopment applicant or proponent and the public official. line 13 (10)   Notwithstanding an y other la w, until January 1, 2030, line 14 “determined to be complete” means that the applicant has submitted line 15 a complete application pursuant to Section 65943. line 16 (11)   “Builder’s remedy project” means a project that meets all line 17 of the follo wing criteria:
line 18 (A)   The project is a housing development project that provides line 19 housing for v ery low, low-, or moderate-income households. line 20 (B)   On or after the date an application for the housing line 21 de velopment project or emergency shelter was deemed complete, line 22 the jurisdiction did not ha ve a housing element that w as in line 23 substantial compliance with this article.
line 24 (C)   The project has a density such that the number of units, as line 25 calculated before the application of a density bonus pursuant to line 26 Section 65915, complies with all of the follo wing conditions:
line 27 (i)   The density does not e xceed the greatest of the follo wing line 28 densities:
line 29 (I)   Fifty percent greater than the minimum density deemed line 30 appropriate to accommodate housing for that jurisdiction as line 31 specified in subparagraph (B) of paragraph (3) of subdi vision (c) line 32 of Section 65583.2.
line 33 (II)   Three times the density allowed by the general plan, zoning line 34 ordinance, or state la w, whichever is greater. line 35 (III)   The density that is consistent with the density specified in line 36 the housing element.
line 37 (ii)   Notwithstanding clause (i), the greatest allo wable density line 38 shall be 35 units per acre more than the amount allowable pursuant line 39 to clause (i), if an y portion of the site is located within any of the line 40 follo wing:
97 — 64 — AB 650

line 1 (I)   One-half mile of a major transit stop, as defined in Section line 2 21064.3 of the Public Resources Code.
line 3 (II)   A very low vehicle travel area, as defined in subdi vision line 4 (h).
line 5 (III)   A high or highest resource census tract, as identified by line 6 the latest edition of the “CTCA C/HCD Opportunity Map” line 7 published by the California Tax Credit Allocation Committee and line 8 the Department of Housing and Community De velopment. line 9 (D)   (i)  On sites that have a minimum density requirement and line 10 are located within one-half mile of a commuter rail station or a line 11 hea vy rail station, the density of the project shall not be less than line 12 the minimum density required on the site.
line 13 (I)   For purposes of this subparagraph, “commuter rail” means line 14 a rail way that is not a light rail, streetcar, trolley, or tramway and line 15 that is for urban passenger train service consisting of local short line 16 distance travel operating between a central city and adjacent suburb line 17 with service operated on a re gular basis by or under contract with line 18 a transit operator for the purpose of transporting passengers within line 19 urbanized areas, or between urbanized areas and outlying areas, line 20 using either locomotive-hauled or self-propelled railroad passenger line 21 cars, with multitrip tick ets and specific station-to-station fares. line 22 (II)   For purposes of this subparagraph, “hea vy rail” means an line 23 electric rail way with the capacity for a hea vy volume of traffic line 24 using high speed and rapid acceleration passenger rail cars line 25 operating singly or in multicar trains on fix ed rails, separate line 26 rights-of-w ay from which all other v ehicular and foot traffic are line 27 e xcluded, and high platform loading.
line 28 (ii)   On all other sites with a minimum density requirement, the line 29 density of the project shall not be less than the local agenc y’s line 30 minimum density or one-half of the minimum density deemed line 31 appropriate to accommodate housing for that jurisdiction as line 32 specified in subparagraph (B) of paragraph (3) of subdi vision (c) line 33 of Section 65583.2, whiche ver is lower.
line 34 (E)   The project site does not ab ut a site where more than line 35 one-third of the square footage on the site has been used, within line 36 the past three years, by a hea vy industrial use, or a Title V line 37 industrial use, as those terms are defined in Section 65913.16. line 38 (12)   “Condition approval” includes imposing on the housing line 39 de velopment project, or attempting to subject it to, de velopment line 40 standards, conditions, or policies.
97 AB 650 — 65 —

line 1 (13)   “Unit type” means the form of ownership and the kind of line 2 residential unit, including, b ut not limited to, single-f amily line 3 detached, single-f amily attached, for -sale, rental, multif amily, line 4 to wnhouse, condominium, apartment, manuf actured homes and line 5 mobilehomes, f actory-built housing, and residential hotel. line 6 (14)   “Proposed by the applicant” means the plans and designs line 7 as submitted by the applicant, including, but not limited to, density, line 8 unit size, unit type, site plan, b uilding massing, floor area ratio, line 9 amenity areas, open space, parking, and ancillary commercial uses. line 10 (i)   If any city, county, or city and county denies appro val or line 11 imposes conditions, including design changes, lo wer density, or line 12 a reduction of the percentage of a lot that may be occupied by a line 13 b uilding or structure under the applicable planning and zoning in line 14 force at the time the housing de velopment project’s application is line 15 complete, that ha ve a substantial adverse effect on the viability or line 16 af fordability of a housing de velopment for v ery lo w, lo w-, or line 17 moderate-income households, and the denial of the de velopment line 18 or the imposition of conditions on the de velopment is the subject line 19 of a court action which challenges the denial or the imposition of line 20 conditions, then the burden of proof shall be on the local legislative line 21 body to sho w that its decision is consistent with the findings as line 22 described in subdi vision (d), and that the findings are supported line 23 by a preponderance of the e vidence in the record, and with the line 24 requirements of subdi vision (o).
line 25 (j)  (1)  When a proposed housing development project complies line 26 with applicable, objecti ve general plan, zoning, and subdi vision line 27 standards and criteria, including design re view standards, in effect line 28 at the time that the application w as deemed complete, but the local line 29 agency proposes to disapprove the project or to impose a condition line 30 that the project be de veloped at a lower density, the local agency line 31 shall base its decision regarding the proposed housing development line 32 project upon written findings supported by a preponderance of the line 33 e vidence on the record that both of the following conditions exist:
line 34 (A)   The housing de velopment project w ould have a specific, line 35 adv erse impact upon the public health or safety unless the project line 36 is disappro ved or approved upon the condition that the project be line 37 developed at a lower density. As used in this paragraph, a “specific, line 38 adv erse impact” means a significant, quantifiable, direct, and line 39 una voidable impact, based on objective, identified written public 97 — 66 — AB 650

line 1 health or safety standards, policies, or conditions as the y existed line 2 on the date the application w as deemed complete. line 3 (B)   There is no feasible method to satisf actorily mitig ate or line 4 avoid the adverse impact identified pursuant to paragraph (1), other line 5 than the disappro val of the housing de velopment project or the line 6 appro val of the project upon the condition that it be de veloped at line 7 a lo wer density.
line 8 (2)   (A)  If the local agenc y considers a proposed housing line 9 de velopment project to be inconsistent, not in compliance, or not line 10 in conformity with an applicable plan, program, polic y, ordinance, line 11 standard, requirement, or other similar pro vision as specified in line 12 this subdi vision, it shall pro vide the applicant with written line 13 documentation identifying the pro vision or pro visions, and an line 14 e xplanation of the reason or reasons it considers the housing line 15 de velopment to be inconsistent, not in compliance, or not in line 16 conformity as follo ws:
line 17 (i)  Within 30 days of the date that the application for the housing line 18 de velopment project is determined to be complete, if the housing line 19 de velopment project contains 150 or fewer housing units. line 20 (ii)   Within 60 days of the date that the application for the line 21 housing de velopment project is determined to be complete, if the line 22 housing de velopment project contains more than 150 units. line 23 (B)   If the local agenc y f ails to pro vide the required line 24 documentation pursuant to subparagraph (A), the housing line 25 de velopment project shall be deemed consistent, compliant, and line 26 in conformity with the applicable plan, program, policy, ordinance, line 27 standard, requirement, or other similar pro vision. line 28 (3)   For purposes of this section, the receipt of a density bonus, line 29 incenti ve, concession, w aiver, or reduction of de velopment line 30 standards pursuant to Section 65915 shall not constitute a v alid line 31 basis on which to find a proposed housing de velopment project is line 32 inconsistent, not in compliance, or not in conformity , with an line 33 applicable plan, program, policy, ordinance, standard, requirement, line 34 or other similar pro vision specified in this subdivision. line 35 (4)  For purposes of this section, a proposed housing development line 36 project is not inconsistent with the applicable zoning standards line 37 and criteria, and shall not require a rezoning, if the housing line 38 de velopment project is consistent with the objective general plan line 39 standards and criteria b ut the zoning for the project site is line 40 inconsistent with the general plan. If the local agency has complied 97 AB 650 — 67 —

line 1 with paragraph (2), the local agenc y may require the proposed line 2 housing de velopment project to comply with the objecti ve line 3 standards and criteria of the zoning which is consistent with the line 4 general plan, ho wever, the standards and criteria shall be applied line 5 to f acilitate and accommodate development at the density allowed line 6 on the site by the general plan and proposed by the proposed line 7 housing de velopment project.
line 8 (k)   (1)  (A)  (i)  The applicant, a person who would be eligible line 9 to apply for residenc y in the housing de velopment project or line 10 emer gency shelter, or a housing organization may bring an action line 11 to enforce this section. If, in an y action brought to enforce this line 12 section, a court finds that an y of the following are met, the court line 13 shall issue an order pursuant to clause (ii):
line 14 (I)  The local agency, in violation of subdivision (d), disapproved line 15 a housing de velopment project or conditioned its appro val in a line 16 manner rendering it infeasible for the development of an emergency line 17 shelter , or housing for v ery lo w, lo w-, or moderate-income line 18 households, including f armworker housing, without making the line 19 findings required by this section.
line 20 (II)  The local agency, in violation of subdivision (j), disapproved line 21 a housing de velopment project complying with applicable, line 22 objective general plan and zoning standards and criteria, or imposed line 23 a condition that the project be developed at a lower density, without line 24 making the findings required by this section.
line 25 (III)   (ia)  Subject to sub-subclause (ib), the local agenc y, in line 26 violation of subdi vision (o), required or attempted to require a line 27 housing de velopment project to comply with an ordinance, policy, line 28 or standard not adopted and in ef fect when a preliminary line 29 application w as submitted.
line 30 (ib)  This subclause shall become inoperative on January 1, 2030. line 31 (IV)   The local agenc y violated a pro vision of this section line 32 applicable to a b uilder’s remedy project.
line 33 (ii)   If the court finds that one of the conditions in clause (i) is line 34 met, the court shall issue an order or judgment compelling line 35 compliance with this section within a time period not to e xceed line 36 60 days, including, but not limited to, an order that the local agency line 37 tak e action on the housing de velopment project or emer gency line 38 shelter . The court may issue an order or judgment directing the line 39 local agenc y to appro ve the housing de velopment project or line 40 emer gency shelter if the court finds that the local agency acted in 97 — 68 — AB 650

line 1 bad f aith when it disappro ved or conditionally appro ved the line 2 housing de velopment or emer gency shelter in violation of this line 3 section. The court shall retain jurisdiction to ensure that its order line 4 or judgment is carried out and shall a ward reasonable attorney’s line 5 fees and costs of suit to the plaintif f or petitioner , pro vided, line 6 ho wever, that the court shall not award attorney’s fees in either of line 7 the follo wing instances:
line 8 (I)   The court finds, under e xtraordinary circumstances, that line 9 a warding fees would not further the purposes of this section. line 10 (II)   (ia)  In a case concerning a disapproval within the meaning line 11 of subparagraph (I) or (J) of paragraph (6) of subdi vision (h), the line 12 court finds that the local agenc y acted in good f aith and had line 13 reasonable cause to disappro ve the housing development project line 14 due to the e xistence of a controlling question of la w about the line 15 application of the California En vironmental Quality Act (Division line 16 13 (commencing with Section 21000) of the Public Resources line 17 Code) or implementing guidelines as to which there w as a line 18 substantial ground for dif ference of opinion at the time of the line 19 disappro val.
line 20 (ib)  This subclause shall become inoperative on January 1, 2031. line 21 (B)   Upon a determination that the local agenc y has f ailed to line 22 comply with the order or judgment compelling compliance with line 23 this section within the time period prescribed by the court, the line 24 court shall impose fines on a local agenc y that has violated this line 25 section and require the local agenc y to deposit an y fine le vied line 26 pursuant to this subdi vision into a local housing trust fund. The line 27 local agenc y may elect to instead deposit the fine into the Building line 28 Homes and Jobs Trust Fund. The fine shall be in a minimum line 29 amount of ten thousand dollars ($10,000) per housing unit in the line 30 housing de velopment project on the date the application w as line 31 deemed complete pursuant to Section 65943. In determining the line 32 amount of the fine to impose, the court shall consider the local line 33 agenc y’s progress in attaining its target allocation of the regional line 34 housing need pursuant to Section 65584 and an y prior violations line 35 of this section. Fines shall not be paid out of funds already line 36 dedicated to affordable housing, including, but not limited to, Low line 37 and Moderate Income Housing Asset Funds, funds dedicated to line 38 housing for v ery low, low-, and moderate-income households, and line 39 federal HOME In vestment Partnerships Program and Community line 40 De velopment Block Grant Program funds. The local agency shall 97 AB 650 — 69 —

line 1 commit and e xpend the mone y in the local housing trust fund line 2 within fiv e years for the sole purpose of financing ne wly line 3 constructed housing units af fordable to extremely low, very low, line 4 or lo w-income households. After five years, if the funds have not line 5 been expended, the money shall revert to the state and be deposited line 6 in the Building Homes and Jobs Trust Fund for the sole purpose line 7 of financing ne wly constructed housing units af fordable to line 8 e xtremely low, very low, or low-income households. line 9 (C)   If the court determines that its order or judgment has not line 10 been carried out within 60 days, the court may issue further orders line 11 as pro vided by law to ensure that the purposes and policies of this line 12 section are fulfilled, including, but not limited to, an order to vacate line 13 the decision of the local agenc y and to appro ve the housing line 14 de velopment project, in which case the application for the housing line 15 de velopment project, as proposed by the applicant at the time the line 16 local agenc y took the initial action determined to be in violation line 17 of this section, along with an y standard conditions determined by line 18 the court to be generally imposed by the local agenc y on similar line 19 projects, shall be deemed to be appro ved unless the applicant line 20 consents to a dif ferent decision or action by the local agency. line 21 (D)   Nothing in this section shall limit the court’ s inherent line 22 authority to mak e an y other orders to compel the immediate line 23 enforcement of an y writ brought under this section, including the line 24 imposition of fees and other sanctions set forth under Section 1097 line 25 of the Code of Ci vil Procedure.
line 26 (2)   For purposes of this subdi vision, “housing or ganization” line 27 means a trade or industry group whose local members are primarily line 28 eng aged in the construction or management of housing units or a line 29 nonprofit or ganization whose mission includes pro viding or line 30 adv ocating for increased access to housing for lo w-income line 31 households and ha ve filed written or oral comments with the local line 32 agenc y prior to action on the housing de velopment project. A line 33 housing or ganization may only file an action pursuant to this line 34 section to challenge the disappro val of a housing development by line 35 a local agenc y. A housing or ganization shall be entitled to line 36 reasonable attorne y’s fees and costs if it is the prevailing party in line 37 an action to enforce this section.
line 38 ( l)  If the court finds that the local agency (1) acted in bad faith line 39 when it violated this section and (2) f ailed to carry out the court’s line 40 order or judgment within the time period prescribed by the court, 97 — 70 — AB 650

line 1 the court, in addition to an y other remedies pro vided by this line 2 section, shall multiply the fine determined pursuant to subparagraph line 3 (B) of paragraph (1) of subdivision (k) by a factor of five. If a court line 4 has pre viously found that the local agenc y violated this section line 5 within the same planning period, the court shall multiply the fines line 6 by an additional f actor for each previous violation. For purposes line 7 of this section, “bad f aith” includes, but is not limited to, an action line 8 or inaction that is fri volous, prete xtual, intended to cause line 9 unnecessary delay , or entirely without merit.
line 10 (m)   (1)  Any action brought to enforce the pro visions of this line 11 section shall be brought pursuant to Section 1094.5 of the Code line 12 of Ci vil Procedure, and the local agency shall prepare and certify line 13 the record of proceedings in accordance with subdi vision (c) of line 14 Section 1094.6 of the Code of Ci vil Procedure no later than 30 line 15 days after the petition is serv ed, pro vided that the cost of line 16 preparation of the record shall be borne by the local agency, unless line 17 the petitioner elects to prepare the record as provided in subdivision line 18 (n) of this section. A petition to enforce the pro visions of this line 19 section shall be filed and serv ed no later than 90 days from the line 20 later of (1) the ef fective date of a decision of the local agenc y line 21 imposing conditions on, disappro ving, or any other final action on line 22 a housing de velopment project or (2) the e xpiration of the time line 23 periods specified in subparagraph (B) of paragraph (5) of line 24 subdi vision (h). Upon entry of the trial court’s order, a party may, line 25 in order to obtain appellate re view of the order , file a petition line 26 within 20 days after service upon it of a written notice of the entry line 27 of the order, or within such further time not exceeding an additional line 28 20 days as the trial court may for good cause allo w, or may appeal line 29 the judgment or order of the trial court under Section 904.1 of the line 30 Code of Ci vil Procedure. If the local agency appeals the judgment line 31 of the trial court, the local agenc y shall post a bond, in an amount line 32 to be determined by the court, to the benefit of the plaintif f if the line 33 plaintif f is the project applicant.
line 34 (2)   (A)  A disapproval within the meaning of subparagraph (I) line 35 of paragraph (6) of subdi vision (h) shall be final for purposes of line 36 this subdi vision, if the local agenc y did not mak e a la wful line 37 determination within the time period set forth in paragraph (5) of line 38 subdi vision (a) of Section 65589.5.1 after the applicant’ s timely line 39 written notice.
line 40 (B)  This paragraph shall become inoperative on January 1, 2031. 97 AB 650 — 71 —

line 1 (3)   (A)  A disapproval within the meaning of subparagraph (J) line 2 of paragraph (6) of subdi vision (h) shall be final for purposes of line 3 this subdi vision, if the local agenc y did not mak e a la wful line 4 determination within 90 days of the applicant’ s timely written line 5 notice.
line 6 (B)  This paragraph shall become inoperative on January 1, 2031. line 7 (n)   In any action, the record of the proceedings before the local line 8 agenc y shall be filed as e xpeditiously as possible and, line 9 notwithstanding Section 1094.6 of the Code of Ci vil Procedure or line 10 subdi vision (m) of this section, all or part of the record may be line 11 prepared (1) by the petitioner with the petition or petitioner’s points line 12 and authorities, (2) by the respondent with respondent’s points and line 13 authorities, (3) after payment of costs by the petitioner , or (4) as line 14 otherwise directed by the court. If the e xpense of preparing the line 15 record has been borne by the petitioner and the petitioner is the line 16 pre vailing party, the expense shall be taxable as costs. line 17 (o)   (1)  Subject to paragraphs (2), (6), and (7), and subdivision line 18 (d) of Section 65941.1, a housing de velopment project shall be line 19 subject only to the ordinances, policies, and standards adopted and line 20 in ef fect when a preliminary application including all of the line 21 information required by subdi vision (a) of Section 65941.1 w as line 22 submitted.
line 23 (2)   Paragraph (1) shall not prohibit a housing de velopment line 24 project from being subject to ordinances, policies, and standards line 25 adopted after the preliminary application w as submitted pursuant line 26 to Section 65941.1 in the follo wing circumstances:
line 27 (A)   In the case of a fee, charge, or other monetary exaction, to line 28 an increase resulting from an automatic annual adjustment based line 29 on an independently published cost inde x that is referenced in the line 30 ordinance or resolution establishing the fee or other monetary line 31 e xaction.
line 32 (B)   A preponderance of the evidence in the record establishes line 33 that subjecting the housing de velopment project to an ordinance, line 34 polic y, or standard be yond those in ef fect when a preliminary line 35 application w as submitted is necessary to mitig ate or a void a line 36 specific, adverse impact upon the public health or safety, as defined line 37 in subparagraph (A) of paragraph (1) of subdi vision (j), and there line 38 is no feasible alternati ve method to satisfactorily mitigate or avoid line 39 the adv erse impact.
97 — 72 — AB 650

line 1 (C)  Subjecting the housing development project to an ordinance, line 2 policy, standard, or any other measure, beyond those in effect when line 3 a preliminary application w as submitted is necessary to a void or line 4 substantially lessen an impact of the project under the California line 5 Environmental Quality Act (Division 13 (commencing with Section line 6 21000) of the Public Resources Code).
line 7 (D)   The housing de velopment project has not commenced line 8 construction within tw o and one-half years, or three and one-half line 9 years for an af fordable housing project, following the date that the line 10 project received final approval. For purposes of this subparagraph:
line 11 (i)   “Affordable housing project” means a housing development line 12 that satisfies both of the follo wing requirements:
line 13 (I)   Units within the de velopment are subject to a recorded line 14 af fordability restriction for at least 55 years for rental housing and line 15 45 years for owner-occupied housing, or the first purchaser of each line 16 unit participates in an equity sharing agreement as described in line 17 subparagraph (C) of paragraph (2) of subdi vision (c) of Section line 18 65915.
line 19 (II)  All of the units within the development, excluding managers’ line 20 units, are dedicated to lo wer income households, as defined by line 21 Section 50079.5 of the Health and Safety Code.
line 22 (ii)  “Final approval” means that the housing development project line 23 has recei ved all necessary appro vals to be eligible to apply for , line 24 and obtain, a building permit or permits and either of the following line 25 is met:
line 26 (I)   The e xpiration of all applicable appeal periods, petition line 27 periods, reconsideration periods, or statute of limitations for line 28 challenging that final appro val without an appeal, petition, request line 29 for reconsideration, or le gal challenge having been filed. line 30 (II)   If a challenge is filed, that challenge is fully resolv ed or line 31 settled in f avor of the housing development project. line 32 (E)   The housing de velopment project is re vised follo wing line 33 submittal of a preliminary application pursuant to Section 65941.1 line 34 such that the number of residential units or square footage of line 35 construction changes by 20 percent or more, e xclusive of an y line 36 increase resulting from the receipt of a density bonus, incenti ve, line 37 concession, waiver, or similar provision, including any other locally line 38 authorized program that of fers additional density or other line 39 de velopment bonuses when af fordable housing is pro vided. For line 40 purposes of this subdi vision, “square footage of construction” 97 AB 650 — 73 —

line 1 means the b uilding area, as defined by the California Building line 2 Standards Code (T itle 24 of the California Code of Regulations). line 3 (3)   This subdi vision does not pre vent a local agenc y from line 4 subjecting the additional units or square footage of construction line 5 that result from project re visions occurring after a preliminary line 6 application is submitted pursuant to Section 65941.1 to the line 7 ordinances, policies, and standards adopted and in ef fect when the line 8 preliminary application w as submitted.
line 9 (4)   For purposes of this subdivision, “ordinances, policies, and line 10 standards” includes general plan, community plan, specific plan, line 11 zoning, design review standards and criteria, subdivision standards line 12 and criteria, and an y other rules, re gulations, requirements, and line 13 policies of a local agenc y, as defined in Section 66000, including line 14 those relating to de velopment impact fees, capacity or connection line 15 fees or char ges, permit or processing fees, and other exactions. line 16 (5)   This subdivision shall not be construed in a manner that line 17 w ould lessen the restrictions imposed on a local agency, or lessen line 18 the protections af forded to a housing development project, that are line 19 established by an y other la w, including an y other part of this line 20 section.
line 21 (6)   This subdivision shall not restrict the authority of a public line 22 agenc y or local agenc y to require mitig ation measures to lessen line 23 the impacts of a housing de velopment project under the California line 24 Environmental Quality Act (Division 13 (commencing with Section line 25 21000) of the Public Resources Code).
line 26 (7)   With respect to completed residential units for which the line 27 project approval process is complete and a certificate of occupancy line 28 has been issued, nothing in this subdi vision shall limit the line 29 application of later enacted ordinances, policies, and standards line 30 that re gulate the use and occupancy of those residential units, such line 31 as ordinances relating to rental housing inspection, rent line 32 stabilization, restrictions on short-term renting, and b usiness line 33 licensing requirements for o wners of rental housing. line 34 (8)   (A)  This subdivision shall apply to a housing development line 35 project that submits a preliminary application pursuant to Section line 36 65941.1 before January 1, 2030.
line 37 (B)   This subdivision shall become inoperati ve on January 1, line 38 2034.
line 39 (p)   (1)  Upon an y motion for an a ward of attorne y’s fees line 40 pursuant to Section 1021.5 of the Code of Ci vil Procedure, in a 97 — 74 — AB 650

line 1 case challenging a local agenc y’s appro val of a housing line 2 de velopment project, a court, in weighing whether a significant line 3 benefit has been conferred on the general public or a lar ge class line 4 of persons and whether the necessity of private enforcement makes line 5 the award appropriate, shall give due weight to the degree to which line 6 the local agenc y’s appro val furthers policies of this section, line 7 including, b ut not limited to, subdi visions (a), (b), and (c), the line 8 suitability of the site for a housing de velopment, and the line 9 reasonableness of the decision of the local agenc y. It is the intent line 10 of the Legislature that attorney’s fees and costs shall rarely, if ever, line 11 be a warded if a local agenc y, acting in good f aith, approved a line 12 housing de velopment project that satisfies conditions established line 13 in paragraph (1), (2), or (3) of subdivision (a) of Section 65589.5.1 line 14 or paragraph (1), (2), or (3) of subdivision (a) of Section 65589.5.2. line 15 (2)   This subdi vision shall become inoperati ve on January 1, line 16 2031.
line 17 (q)   This section shall be kno wn, and may be cited, as the line 18 Housing Accountability Act.
line 19 (r)   The provisions of this section are severable. If any provision line 20 of this section or its application is held in valid, that invalidity shall line 21 not af fect other provisions or applications that can be given effect line 22 without the in valid provision or application.
line 23 SEC. 8. No reimbursement is required by this act pursuant to line 24 Section 6 of Article XIIIB of the California Constitution because line 25 a local agency or school district has the authority to levy service line 26 charges, fees, or assessments sufficient to pay for the program or line 27 level of service mandated by this act, within the meaning of Section line 28 17556 of the Government Code.
line 29
line 30
REVISIONS: line 31
Heading—Line 2. line 32
line 33
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97 AB 650 — 75 —

AMENDED IN SENATE JUNE 9, 2025
AMENDED IN ASSEMBLY MARCH 27, 2025
california legislature—2025–26 regular session
ASSEMBLY BILL No. 1206
Introduced by Assembly Member Harabedian
(Coauthor: Assembly Member Haney) (Coauthors: Assembly
Members Haney and Wicks)
February 21, 2025
An act to add Section 65852.29 to the Government Code, relating to housing.
legislative counsel’s digest
AB 1206, as amended, Harabedian. Single-family and multifamily housing units: preapproved plans.

Existing law, the Planning and Zoning Law, provides for the adoption and administration of zoning laws, ordinances, rules and regulations by counties and cities and the implementation of those general plans as may be in effect in those counties or cities. In that regard, existing law requires each local agency, by January 1, 2025, to develop a program for the preapproval of accessory dwelling unit plans.

This bill would require each local agency, as defined and by July 1, 2026, to develop a program for the preapproval of single-family and multifamily residential housing plans, whereby the local agency accepts single-family and multifamily plan submissions for preapproval and approves or denies the preapproval applications, as specified. The bill would authorize a local agency to charge a fee to an applicant for the preapproval of a single-family or multifamily residential housing plan, as specified. The bill would require the local agency to post preapproved

97

single-family or multifamily residential housing plans and the contact information of the applicant on the local agency’s internet website. The bill would prohibit the preapproval program from applying to single-family or multifamily residential housing plans intended for use in certain communities and developments, as specified.

The bill would
require a local agency to either approve or deny an application for a single-family or multifamily residential housing unit, both as defined, within 30 days if the lot meets certain conditions and the application utilizes either a single-family or multifamily residential housing unit plan preapproved within the current triennial California Building Standards Code rulemaking cycle or a plan that is identical to a plan used in an application for a single-family or multifamily residential housing unit approved by the local agency within the current triennial California Building Standards Code rulemaking cycle. The bill would also provide that its provisions do not prevent a local agency from voluntarily accepting or admitting additional plans at higher densities in additional zoning districts into the preapproved housing plan program, at the local agency’s discretion. By imposing new duties on local agencies, the bill would create a state-mandated local program.

Existing law, the California Environmental Quality Act (CEQA), requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects.

To the extent that the ministerial review process established by the bill would apply to final, discretionary approval of an application for a single-family or multifamily housing unit, the bill would exempt those projects from CEQA.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

V ote: majority.

Appropriation: no. Fiscal committee: yes.​
State-mandated local program: yes.​
97 — 2 — AB 1206

The people of the State of California do enact as follows:
line 1 SECTION 1. Section 65852.29 is added to the Government line 2 Code , to read:
line 3 65852.29. (a)  Each local agency shall, by July 1, 2026, develop line 4 a program for the preapproval of single-family and multifamily line 5 residential housing plans. The program shall comply with all of line 6 the following:
line 7 (1)  The local agency shall accept single-family and multifamily line 8 residential housing plan submissions for preapproval. line 9 (2)   (A)  The local agency shall approve or deny the application line 10 for preapproval pursuant to the standards established in applicable line 11 state and local housing regulations.
line 12 (B)  The local agency may charge the applicant the same line 13 permitting fees that the local agency would charge an applicant line 14 seeking approval for the same-sized single-family or multifamily line 15 residential housing unit in reviewing and approving a preapproved line 16 housing plan submission.
line 17 (3)  (A)  (i)  Single-family and multifamily residential housing line 18 plans that are preapproved pursuant to this subdivision shall be line 19 posted on the local agency’s internet website.
line 20 (ii)  The posting of a preapproved housing plan pursuant to clause line 21 (i) shall not be considered an endorsement of the applicant or line 22 approval of the applicant’s application for a single-family or line 23 multifamily residential housing unit by the local agency. line 24 (B)   (i)  The local agency shall also post the contact information line 25 of the applicant of a preapproved housing plan, as provided by the line 26 applicant.
line 27 (ii)   The local agency shall not be responsible for the accuracy line 28 of the contact information posted pursuant to clause (i). line 29 (C)   A local agency shall remove a preapproved housing plan line 30 from their internet website within 30 days of receiving a request line 31 for removal from the applicant.
line 32 (4)   A local agency may also admit plans that have been line 33 developed and preapproved by the local agency for single-family line 34 and multifamily residential housing plans into the program. line 35 (5)   Nothing in this section shall prevent a local agency from line 36 voluntarily accepting or admitting additional plans at higher line 37 densities in additional zoning districts into the preapproved housing line 38 plan program, at the local agency’s discretion. 97 AB 1206 — 3 —

line 1 (b)  The preapproval program established pursuant to this line 2 section shall not apply to single-family or multifamily residential line 3 housing plans intended for use in a master-planned community, a line 4 planned unit development, or a similar large-scale development line 5 that includes the subdivision of land for the construction of multiple line 6 new housing units.
line 7 (b)
line 8 (c)  A local agency shall approve or deny an application for a line 9 single-family or multifamily residential housing unit ministerially line 10 without discretionary review, except that the local agency shall line 11 either approve or deny the application within 30 days from the line 12 date the local agency receives a completed application, if the lot line 13 for which the application is proposed meet meets the soil line 14 conditions, topography, flood zone, zoning regulations, and design line 15 review standards for which the preapproved plan was designed line 16 and the application utilizes either of the following:
line 17 (1)  A plan for a single-family or multifamily residential housing line 18 unit that has been preapproved by the local agency within the line 19 current triennial California Building Standards Code rulemaking line 20 cycle.
line 21 (2)   A plan that is identical to a plan used in an application for line 22 a single- or multifamily residential housing unit approved by the line 23 local agency within the current triennial California Building line 24 Standards Code rulemaking cycle.
line 25 (c)
line 26 (d)  For purposes of this section:
line 27 (1)   “Local agency” means a city, county, or city and county. line 28 (2)  “Multifamlily “Multifamily residential housing unit” means line 29 a building containing 2 to 10 residential units. line 30 (3)  “Single-family residential housing unit” has the same line 31 meaning as defined in applicable housing regulations. line 32 (d)
line 33 (e)  The Legislature finds and declares that the lack of housing line 34 is a matter of statewide concern and is not a municipal affair as line 35 that term is used in Section 5 of Article XI of the California line 36 Constitution. Therefore, this section applies to all cities, including line 37 charter cities.
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 a local agency or school district has the authority to levy service 97 — 4 — AB 1206

line 1 charges, fees, or assessments sufficient to pay for the program or line 2 level of service mandated by this act, within the meaning of Section line 3 17556 of the Government Code.

O
97 AB 1206 — 5 —

AMENDED IN ASSEMBLY MAY 5, 2025
AMENDED IN ASSEMBLY APRIL 24, 2025
AMENDED IN ASSEMBLY MARCH 24, 2025
california legislature—2025–26 regular session
ASSEMBLY BILL No. 609
Introduced by Assembly Members Wicks, Alvarez, Carrillo, Flora, Quirk-Silva, and Wilson
(Principal coauthor: Senator Wiener)
(Coauthors: Assembly Members Ávila Farías, Harabedian, Hoover, Lee, and Wallis)
(Coauthor: Senator Arreguín)
February 13, 2025
An act to add Section 21080.66 to the Public Resources Code, relating to environmental quality.
legislative counsel’s digest
AB 609, as amended, Wicks. California Environmental Quality Act:
exemption: housing development projects.

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the 96

environment. CEQA exempts from its requirements various projects, including, but not limited to, housing projects that meet certain requirements.

This bill would exempt from the requirements of CEQA a housing development project, as defined, that meets certain
conditions.
conditions relating to, for example, size, density, and location, including specific requirements for any housing on the project site located within 500 feet of a freeway.

The bill would require a local government, as a
condition of approval for the development, to require the development proponent to complete a
phase I specified environmental assessment,
as provided. assessment regarding hazardous substance releases. If a recognized environmental condition is found, the bill would require the development proponent to complete a preliminary endangerment assessment and specified mitigation based on that assessment.

Because
a lead agency would be required to determine whether a housing development project qualifies for this exemption, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

V ote: 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 21080.66 is added to the Public Resources line 2 Code , to read:
line 3 21080.66. (a)  Without limiting any other statutory or line 4 categorical exemption, this division does not apply to a housing line 5 development project, as defined in subdivision (b) of Section line 6 65905.5 of the Government Code, that meets the following line 7 conditions:
line 8 (1)   The project site is not more than 20 acres. line 9 (2)   The project site meets either of the following criteria:
line 10 (A)   Is located within the boundaries of an incorporated line 11 municipality.
line 12 (B)  Is located within an urban area, as defined by the United line 13 States Census Bureau.
96 — 2 — AB 609

line 1 (3)   The project site meets either of the following criteria:
line 2 (A)   Has been previously developed with an urban use. line 3 (B)  At least 75 percent of the perimeter of the site adjoins parcels line 4 that are developed with urban uses. For purposes of this section, line 5 parcels that are only separated by a street, pedestrian path, or line 6 bicycle path shall be considered to be adjoined. line 7 (4)  (A)  The project is consistent with the applicable general line 8 plan and zoning ordinance, as well as any applicable local coastal line 9 program as defined in Section 30108.6. For purposes of this line 10 section, a housing development project shall be deemed consistent line 11 with the applicable general plan and zoning ordinance, and any line 12 applicable local coastal program, if there is substantial evidence line 13 that would allow a reasonable person to conclude that the housing line 14 development project is consistent.
line 15 (B)   If the zoning and general plan are not consistent with one line 16 another, a project shall be deemed consistent with both if the line 17 project is consistent with one.
line 18 (5)  The project will be at least one-half of the applicable density line 19 specified in subparagraph (B) of paragraph (3) of subdivision (c) line 20 of Section 65583.2 of the Government Code.
line 21 (6)  The project satisfies the requirements specified in paragraph line 22 (6) of subdivision (a) of Section 65913.4 of the Government Code. line 23 (7)  For a site not developed with urban uses, the project site line 24 does not contain tribal cultural resources, found pursuant to a line 25 consultation described in Section 21080.3.1, that could be affected line 26 by the development and the effects cannot be mitigated pursuant line 27 to the process described in Section 21080.3.2.
line 28 (8)  The project does not require the demolition of a historic line 29 structure that was placed on a national, state, or local historic line 30 register.
line 31 (b)  (1)   (A)  The local government shall, as a condition of line 32 approval for the development, require the development proponent line 33 to complete a phase I environmental assessment, as defined in line 34 Section 78090 of the Health and Safety Code.
line 35 (2)  (A)
line 36 (B)  If a recognized environmental condition is found, the line 37 development proponent shall complete a preliminary endangerment line 38 assessment, as defined in Section 78095 of the Health and Safety line 39 Code, prepared by an environmental assessor to determine the line 40 existence of any release of a hazardous substance on the site and 96 AB 609 — 3 —

line 1 to determine the potential for exposure of future occupants to line 2 significant health hazards from any nearby property or activity. line 3 (B)
line 4 (C)  If a release of a hazardous substance is found to exist on line 5 the site, the release shall be removed or any effects of the release line 6 shall be mitigated to levels required by current federal and state line 7 statutory and regulatory standards before the local government line 8 issues a certificate of occupancy.
line 9 (C)
line 10 (D)  If a potential for exposure to significant hazards from line 11 surrounding properties or activities is found to exist, the effects of line 12 the potential exposure shall be mitigated to levels required by line 13 current federal and state statutory and regulatory standards before line 14 the local government issues a certificate of occupancy. line 15 (2)  For any housing on the site located within 500 feet of a line 16 freeway, all of the following shall apply:
line 17 (A)  The building shall have a centralized heating, ventilation, line 18 and air-conditioning system.
line 19 (B)  The outdoor air intakes for the heating, ventilation, and line 20 air-conditioning system shall face away from the freeway. line 21 (C)  The building shall provide air filtration media for outside line 22 and return air that provides a minimum efficiency reporting value line 23 of 16.
line 24 (D)  The air filtration media shall be replaced at the line 25 manufacturer’s designated interval.
line 26 (E)  The building shall not have any balconies facing the freeway. line 27 (c)  A housing development proposed pursuant to this section line 28 shall be eligible for a density bonus, incentives or concessions, line 29 waivers or reductions of development standards, and parking line 30 ratios pursuant to Section 65915 of the Government Code. line 31 (c)
line 32 (d)  For purposes of this section, “urban use” means any current line 33 or previous residential or commercial development, public line 34 institution, or public park that is surrounded by other urban uses, line 35 parking lot or structure, transit or transportation passenger facility, line 36 or retail use, or any combination of those uses. line 37 SEC. 2. No reimbursement is required by this act pursuant to line 38 Section 6 of Article XIIIB of the California Constitution because line 39 a local agency or school district has the authority to levy service line 40 charges, fees, or assessments sufficient to pay for the program or 96 — 4 — AB 609

line 1 level of service mandated by this act, within the meaning of Section line 2 17556 of the Government Code.

O
96 AB 609 — 5 —

AMENDED IN ASSEMBLY JUNE 11, 2025
AMENDED IN SENATE MAY 1, 2025
AMENDED IN SENATE MARCH 10, 2025
SENATE BILL No. 35
Introduced by Senator Umberg
December 3, 2024
An act to amend Sections 11833.05 and 11834.31 of the Health and Safety Code, relating to public health.
legislative counsel’s digest
SB 35, as amended, Umberg. Alcohol and drug programs.

Existing law provides for the licensure and regulation of adult alcohol or other drug recovery or treatment facilities by the State Department of Public Health and prohibits the operation of one of those facilities without a current valid license. Existing law requires the department, if a facility is alleged to be in violation of that prohibition, to conduct a site visit to investigate the allegation. Existing law requires, if the department’s employee or agent finds evidence that the facility is providing services without a license, the employee or agent to take specified actions, including, among others, submitting the findings of the investigation to the department and issuing a written notice to the facility that includes the date by which the facility is required to cease providing services.

Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services, through fee-for-service or managed care delivery systems. The Medi-Cal program is, in part, governed and funded by federal Medicaid program

96

provisions. Existing law establishes the Drug Medi-Cal Treatment Program (Drug Medi-Cal) and authorizes the department to enter into a Drug Medi-Cal contract with each county for the provision of alcohol and drug use services within the county service area.

This bill would require the department, if it determines it has jurisdiction over the allegation, to initiate that investigation within 10 days of receiving the allegation and, except as specified, complete the investigation within 60 days of initiating the investigation. The bill would require the department, if it receives a complaint that does not fall under its jurisdiction, to notify the complainant that it does not investigate that type of complaint. The bill would require the employee or agent to provide the notice described above within 10 days of the employee or agency submitting their findings to the department and to conduct a followup site visit to determine whether the facility has ceased providing services by the date specified in the notice.

This bill would
require, The bill would authorize, in counties that elect to administer the Drug Medi-Cal organized delivery system and that provide optional recovery housing services, the county behavioral health agency to request approval from the department to conduct a site visit of a recovery residence that is alleged to be operating without a license, upon request of the department. license. The bill would permit the department to mak e approve that request in certain circumstances, including that the department has sufficient evidence to substantiate the allegation.

Existing law requires licensed adult alcohol or other drug recovery or treatment facilities and certified alcohol or other drug programs to disclose to the department whether any of its agents, partners, directors, officers, or owners has a specified interest in a recovery residence and requires the department to take action against an unlicensed facility that is disclosed as a recovery residence.

This bill would require the department, if it takes action against a recovery residence pursuant to that provision, to conduct a site visit of a certified program or licensed facility that has disclosed the specified interest in the recovery residence. The bill would also require, no later than July 15, 2026, and by July 15 each year thereafter, that all programs certified or facilities licensed by the department submit to the department a report of all money transfers between the program or facility and a recovery residence during the previous fiscal year.

V ote: majority.

Appropriation: no. Fiscal committee: yes.​
State-mandated local program: no.​
96 — 2 — SB 35

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)  A program certified by the department pursuant line 4 to Chapter 7.1 (commencing with Section 11832) or a facility line 5 licensed by the department pursuant to Chapter 7.5 (commencing line 6 with Section 11834.01) shall disclose to the department if any of line 7 its agents, partners, directors, officers, or owners, including a sole line 8 proprietor and member, has either of the following:
line 9 (1)   Ownership or control of, or financial interest in, a recovery line 10 residence.
line 11 (2)   Any contractual relationship with an entity that regularly line 12 provides professional services or substance use disorder treatment line 13 or recovery services to clients of programs certified or facilities line 14 licensed by the department, if the entity is not part of the program line 15 certified or facility licensed by the department. line 16 (b)  All programs certified or facilities licensed by the department line 17 shall make the disclosures pursuant to subdivision (a) upon initial line 18 licensure or certification, upon renewal of licensure or certification, line 19 and upon a licensed facility or certified program acquiring or line 20 starting a relationship that meets the description in paragraph (1) line 21 or (2) of subdivision (a).
line 22 (c)   The department may suspend or revoke the certification of line 23 a program or license of a facility for failing to disclose the line 24 information required in subdivision (a).
line 25 (d)   (1)  The department shall take action pursuant to Section line 26 11834.31 against an unlicensed facility that is disclosed as a line 27 recovery residence pursuant to paragraph (1) of subdivision (a). line 28 This subdivision does not require an investigation of a recovery line 29 residence that is not alleged to be operating in violation of Section line 30 11834.30.
line 31 (2)  If the department takes action against a recovery residence, line 32 as described in paragraph (1), the department shall conduct a site line 33 visit of a certified program or licensed facility that has disclosed line 34 an interest in the recovery residence pursuant to subdivision (a). line 35 (e)  The department may refer a substantiated complaint against line 36 a recovery residence to other enforcement entities as appropriate line 37 under state or federal law, including the Department of Insurance, 96 SB 35 — 3 —

line 1 the Department of Managed Health Care, the Attorney General, line 2 and the United States Attorney General.
line 3 (f)   No later than July 15, 2026, and by July 15 of each year line 4 thereafter, all programs certified or facilities licensed by the line 5 department shall submit to the department a report of all money line 6 transfers between the program or facility and a recovery residence line 7 during the previous fiscal year.
line 8 (g)  For the purposes of this section, “recovery residence” means line 9 a residential dwelling that provides primary housing for individuals line 10 who seek a cooperative living arrangement that supports personal line 11 recovery from a substance use disorder and that does not require line 12 licensure by the department or does not provide licensable services, line 13 pursuant to Chapter 7.5 (commencing with Section 11834.01). A line 14 recovery residence may include, but is not limited to, residential line 15 dwellings commonly referred to as “sober living homes,” “sober line 16 living environments,” or “unlicensed alcohol and drug free line 17 residences.”
line 18 SEC. 2. Section 11834.31 of the Health and Safety Code is line 19 amended to read:
line 20 11834.31. (a)  (1)  If a facility is alleged to be in violation of line 21 Section 11834.30, the department shall conduct a site visit to line 22 investigate the allegation.
line 23 (2)  In conducting the investigation, the department shall do both line 24 of the following:
line 25 (A)  (i)  If the department determines that it has jurisdiction over line 26 the allegation, initiate an investigation of the allegation within 10 line 27 days of receiving the allegation.
line 28 (ii)   If the department receives a complaint that does not fall line 29 under its jurisdiction, the department shall notify the complainant line 30 in writing, including, but not limited to, through electronic means, line 31 that it does not investigate that type of complaint. line 32 (B)   Complete the investigation within 60 days of the initiation line 33 of the investigation, unless the department requires either of the line 34 following:
line 35 (i)   Assistance from local or other state agencies to complete the line 36 investigation.
line 37 (ii)   Significant additional resources to complete the line 38 investigation, as determined by the department. line 39 (3)  If the department is not able to complete an investigation line 40 within 60 days, the department shall notify the person that 96 — 4 — SB 35

line 1 submitted the allegation in writing, including, but not limited to, line 2 through electronic means, of the reason for the delay. line 3 (b)   If the department’s employee or agent finds evidence that line 4 the facility is providing alcohol or other drug recovery, treatment, line 5 or detoxification services without a license, the employee or agent line 6 shall take the following actions:
line 7 (1)   Submit the findings of the investigation to the department. line 8 (2)  Upon departmental authorization, issue a written notice to line 9 the facility stating that the facility is operating in violation of line 10 Section 11834.30. The notice shall be provided to the facility within line 11 10 days of the employee or agency submitting their findings to the line 12 department pursuant to paragraph (1) and shall include all of the line 13 following:
line 14 (A)  The date by which the facility shall cease providing services. line 15 (B)   Notice that the department will assess against the facility a line 16 civil penalty of two thousand dollars ($2,000) per day for every line 17 day the facility continues to provide services beyond the date line 18 specified in the notice.
line 19 (C)   Notice that the case will be referred for civil proceedings line 20 pursuant to Section 11834.32 in the event the facility continues to line 21 provide services beyond the date specified in the notice. line 22 (3)   Inform the facility of the licensing requirements of this line 23 chapter.
line 24 (4)  Conduct a followup site visit to determine whether the line 25 facility has ceased providing services by the date specified in line 26 subparagraph (A) of paragraph (2).
line 27 (c)   A person or entity found to be in violation of Section line 28 11834.30 shall be prohibited from applying for initial licensure line 29 for a period of five years from the date of the notice specified in line 30 paragraph (2) of subdivision (b).
line 31 (d)   (1)  In a county that elects to administer the Drug Medi-Cal line 32 organized delivery system, pursuant to Section 14184.401 of the line 33 Welfare and Institutions Code, and provides optional recovery line 34 housing services, the county behavioral health agency shall may line 35 request approval from the department to conduct a site visit of a line 36 recovery residence that is alleged to be in violation of Section line 37 11834.30, upon request by the department. 11834.30. The line 38 department may mak e approve that request if it has sufficient line 39 evidence to substantiate the allegation and it fails to initiate or 96 SB 35 — 5 —

line 1 conclude the investigation in accordance with the time limits line 2 specified in subdivision (a).
line 3 (2)   In conducting the site visit, the county behavioral health line 4 agency shall adhere to the provisions set forth in this section. line 5 (3)   For the purpose of this subdivision, “recovery residence” line 6 has the same meaning as in Section 11833.05.

O
96 — 6 — SB 35

AMENDED IN SENATE MARCH 28, 2025
SENATE BILL No. 329
Introduced by Senator Blakespear Senators Blakespear and Umberg (Coauthor: Senator Umberg)
(Coauthors: Assembly Members Davies and Dixon)
February 11, 2025
An act to add Section 11834.11 to the Health and Safety Code, relating to alcohol and drug programs.
legislative counsel’s digest
SB 329, as amended, Blakespear. Alcohol and drug recovery or treatment facilities: investigations.

Existing law provides for the licensure and regulation of alcohol or other drug recovery or treatment facilities by the State Department of Health Care Services. Existing law prohibits operating an alcohol or other drug recovery or treatment facility to provide recovery, treatment, or detoxification services within this state without first obtaining a current valid license. If a facility is alleged to be providing those services without a license, existing law requires the department to conduct a site visit to investigate the allegation. Existing law also authorizes the department to conduct announced or unannounced site visits to licensed facilities for the purpose of reviewing them for compliance, as specified.

This bill would require the department to assign a complaint under
its jurisdiction regarding an alcohol or other drug recovery or treatment facility to an analyst for investigation within 10 days of receiving the complaint.

If the department receives a complaint that does not fall under its jurisdiction, the bill would require the department to notify the complainant, in writing, that it does not investigate that type of complaint.

The bill would require the department to complete an

98

investigation into a complaint regarding a facility within 60 days of receiving the complaint. assigning the complaint unless the department requires additional resources, as specified, to complete the investigation.

If the department is not able to complete an investigation within 60 days, the bill would require the department to notify the complainant, in writing, of the reason for the delay.

V ote: 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 11834.11 is added to the Health and line 2 Safety Code , to read:
line 3 11834.11. The department shall complete conduct an line 4 investigation into a complaint regarding an alcohol or other drug line 5 recovery or treatment facility in accordance with both of the line 6 follo wing requirements: following:
line 7 (a)  The (1)  If the department determines that it has jurisdiction line 8 over a complaint, the department shall assign a complaint to an line 9 analyst for investigation within 10 days of receiving the complaint. line 10 (2)  If the department receives a complaint that does not fall line 11 under its jurisdiction, the department shall notify the complainant line 12 in writing, including through electronic means, that it does not line 13 investigate that type of complaint.
line 14 (b)   (1)  The department shall complete an investigation within line 15 60 days of receiving the complaint. assigning the complaint unless line 16 the department requires either of the following:
line 17 (A)  Assistance from local or other state agencies to complete line 18 the investigation.
line 19 (B)  Significant additional resources to complete the line 20 investigation, as determined by the department. line 21 (2)  If the department is not able to complete an investigation line 22 within 60 days, the department shall notify the complainant in line 23 writing, including through electronic means, of the reason for the line 24 delay.

O
98 — 2 — SB 329

AMENDED IN ASSEMBLY MARCH 19, 2025
california legislature—2025–26 regular session
ASSEMBLY BILL No. 424
Introduced by Assembly Member Davies
February 5, 2025
An act to add Section 11834.33 to the Health and Safety Code, relating to alcohol and other drug programs.
legislative counsel’s digest
AB 424, as amended, Davies. Alcohol and other drug programs:
complaints.

Existing law provides for the licensure and regulation of alcohol or other drug recovery or treatment facilities serving adults by the State Department of Health Care Services, as prescribed. Existing law prohibits the operation, establishment, management, conduct, or maintenance of an alcohol or other drug recovery or treatment facility to provide recovery, treatment, or detoxification services within this state without first obtaining a current valid license.

This bill would, when the department receives a complaint against a licensed alcohol or other drug recovery or treatment facility, or a complaint alleging that a facility is unlawfully operating without a license, from a member of the public, require the department to provide, within
30 10 days of the date of the complaint, notice to the person filing the complaint that the complaint has been received and to provide, upon closing the complaint, notice to the person filing the complaint that the complaint has been closed and whether the department found the facility to be in violation of the provisions governing facility licensure and regulation.

98

V ote: 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 11834.33 is added to the Health and line 2 Safety Code , to read:
line 3 11834.33. When the department receives a complaint against line 4 an alcohol or other drug recovery or treatment facility licensed line 5 pursuant to this chapter, or against a facility alleged to be in line 6 violation of Section 11834.30, from a member of the public, the line 7 department shall do both of the following:
line 8 (a)   Within 30 10 days of the date of the complaint, provide line 9 notice to the person filing the complaint that the complaint has line 10 been received.
line 11 (b)   Upon closing the complaint, provide notice to the person line 12 filing the complaint that the complaint has been closed and whether line 13 the department found the facility to be in violation of this chapter.

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98 — 2 — AB 424

california legislature—2025–26 regular session
ASSEMBLY BILL No. 492
Introduced by Assembly Member Valencia
(Principal coauthor: Senator Umberg)
(Coauthors: Assembly Members Davies, Dixon, and Petrie-Norris, and Sanchez)
February 10, 2025
An act to amend Section 11834.09 of the Health and Safety Code, relating to public health.
legislative counsel’s digest
AB 492, as introduced, Valencia. Alcohol and drug programs:
licensing.

Under existing law, the State Department of Health Care Services is responsible for administering prevention, treatment, and recovery services for alcohol and drug abuse and problem gambling. Existing law authorizes the department to issue a license to operate an alcohol or other drug recovery or treatment facility upon receipt of a completed written application, fire clearance, and licensing fee, as specified.

This bill would require the department, whenever it issues a license to operate an alcohol or other drug recovery or treatment facility, to concurrently provide written notification of the issuance of the license to the city or county in which the facility is located. The bill would require the notice to include the name and mailing address of the licensee and the location of the facility.

V ote: majority.

Appropriation: no. Fiscal committee: yes.​
State-mandated local program: no.​

Revised 4-23-25—See last page. 99

The people of the State of California do enact as follows:
line 1 SECTION 1. Section 11834.09 of the Health and Safety Code line 2 is amended to read:
line 3 11834.09. (a)   (1)  The department may issue a single license line 4 to operate an alcohol or other drug recovery or treatment facility line 5 upon receipt of a completed written application, fire clearance, line 6 and licensing fee subject to the department’s review and line 7 determination that the applicant can comply with this chapter and line 8 regulations adopted pursuant to this chapter.
line 9 (2)  Whenever the department issues a license pursuant to line 10 paragraph (1), the department shall concurrently provide written line 11 notification of the issuance of the license to the city in which the line 12 facility is located. If the facility is located within an unincorporated line 13 area, the notice shall instead be provided to the county. The notice line 14 shall include the name and mailing address of the licensee and line 15 the location of the facility.
line 16 (b)  Failure to submit a completed written application, fire line 17 clearance, and payment of the required licensing fee in a timely line 18 manner shall result in termination of the department’s licensure line 19 review and shall require submission of a new application by the line 20 applicant.
line 21 (c)   Failure of the applicant to demonstrate the ability to comply line 22 with this chapter or the regulations adopted pursuant to this chapter line 23 shall result in departmental denial of the application for licensure. line 24 (d)   Initial licenses for new facilities shall be provisional for one line 25 year. During the term of the provisional license, the department line 26 may revoke the license for good cause. For the purposes of this line 27 section, “good cause” means failure to operate in compliance with line 28 this chapter or the regulations adopted pursuant to this chapter. A line 29 licensee may not reapply for an initial license for five years line 30 following a revocation of a provisional license. line 31 (e)   On or before July 1, 2022, the department shall adopt line 32 regulations to implement this section in accordance with the line 33 Administrative Procedure Act (Chapter 3.5 (commencing with line 34 Section 11340) of Part 1 of Division 3 of Title 2 of the Government line 35 Code).
line 36 (f)  Notwithstanding the rulemaking provisions of the line 37 Administrative Procedure Act, the department may implement, line 38 interpret, or make specific this section by means of provider 99 — 2 — AB 492

line 1 bulletins, written guidelines, or similar instructions, until line 2 regulations are adopted.
line 3
line 4
REVISIONS: line 5
Heading—Line 3. line 6
line 7
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99 AB 492 — 3 —

AMENDED IN ASSEMBLY MARCH 24, 2025
AMENDED IN ASSEMBLY MARCH 5, 2025
california legislature—2025–26 regular session
ASSEMBLY BILL No. 544
Introduced by Assembly Member Davies
February 11, 2025
An act to amend Sections 21201 and 21212 of the Vehicle Code, relating to vehicles.
legislative counsel’s digest
AB 544, as amended, Davies. Electric bicycles: required equipment. (1)  Existing law requires a bicycle, as defined, bicycle operated during darkness on a highway, sidewalk, or bikeway to be equipped with, among other things, a red reflector or a solid or flashing red light with a built-in reflector on the rear that is visible from a distance of 500 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle.

Existing law defines “bicycle” for these purposes
to, among other things, include an electric bicycle. Existing law defines an electric bicycle as a bicycle equipped with fully operable pedals and an electric motor that does not exceed 750 watts of power and categorizes electric bicycles into 3 classes. A violation of the provisions relating to the requirements for equipping a bicycle or an electric bicycle is punishable as an infraction.

This bill would require an electric bicycle during all hours to be equipped with a red reflector or a solid or flashing red light with a built-in reflector on the rear that is visible from a distance of 500 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle. By expanding the requirements for equipping an

97

electric bicycle, the violation of which would be a crime, this bill would expand an existing crime, thereby imposing a state-mandated local program.
(2)
Existing law requires a minor to wear a properly fitted and fastened helmet when engaged in specified activities, including operating a bicycle, nonmotorized scooter, or skateboard or wearing in-line or roller
skates, skates and requires that the helmet meet the standards of the American Society for Testing and Materials or the United States Consumer Product Safety Commission. Existing law prohibits a record of a violation of those provisions from being transmitted to the court and prohibits the imposition of a fee if the parent or guardian of the minor delivers proof that the minor has a helmet that meets specific standards and has completed a bicycle safety course, as specified.

Existing law prohibits a person from selling or offering for sale a helmet that does not meet these safety standards. Existing law makes a violation of these provisions an infraction punishable by a fine of not more than $25, except as specified.

This bill
would require a minor to wear a properly fitted and fastened helmet that meets specified standards when operating an electric bicycle.

For would, for a violation of these provisions, the bill would provisions involving an electric bicycle, prohibit a record of a violation from being transmitted to the court and the imposition of a fee if the parent or guardian of the minor delivers proof that the minor has a helmet that meets the specified safety standards and has completed a specialized electric bicycle safety
course, as specified. This course. The bill would
also specify that the specialized electric bicycle safety course developed by the Department of the California Highway Patrol satisfies the requirement that a person complete a
specialized electric bicycle safety
course. The bill would prohibit a person from selling or offering to sell a helmet for an electric bicycle that does not meet the specified safety standards. By imposing new requirements with respect to electric bicycles, the violation of which would be an infraction, this bill would impose a state-mandated local program.
(3)
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

V ote: majority.

Appropriation: no. Fiscal committee: yes.​
State-mandated local program: yes.​
97 — 2 — AB 544

The people of the State of California do enact as follows:
line 1 SECTION 1. Section 21201 of the Vehicle Code is amended line 2 to read:
line 3 21201. (a)  A person shall not operate a bicycle on a roadway line 4 unless it is equipped with a brake that will enable the operator to line 5 make one braked wheel skid on dry, level, clean pavement. line 6 (b)  A person shall not operate on the highway a bicycle equipped line 7 with handlebars so raised that the operator must elevate their hands line 8 above the level of their shoulders in order to grasp the normal line 9 steering grip area.
line 10 (c)   A person shall not operate upon a highway a bicycle that is line 11 of a size that prevents the operator from safely stopping the bicycle, line 12 supporting it in an upright position with at least one foot on the line 13 ground, and restarting it in a safe manner.
line 14 (d)  A bicycle or an electric bic ycle operated during darkness line 15 on a highway, a sidewalk where bicycle operation is not prohibited line 16 by the local jurisdiction, or a bikeway, as defined in Section 890.4 line 17 of the Streets and Highways Code, shall be equipped with all of line 18 the following:
line 19 (1)   A lamp emitting a white light that, while the bicycle is in line 20 motion, illuminates the highway, sidewalk, or bikeway in front of line 21 the bicyclist and is visible from a distance of 300 feet in front and line 22 from the sides of the bicycle.
line 23 (2)   A red reflector or a solid or flashing red light with a built-in line 24 reflector on the rear that shall be visible from a distance of 500 line 25 feet to the rear when directly in front of lawful upper beams of line 26 headlamps on a motor vehicle.
line 27 (3)  A white or yellow reflector on each pedal, shoe, or ankle line 28 visible from the front and rear of the bicycle from a distance of line 29 200 feet.
line 30 (4)   A white or yellow reflector on each side forward of the line 31 center of the bicycle, and a white or red reflector on each side to line 32 the rear of the center of the bicycle, except that bicycles that are line 33 equipped with reflectorized tires on the front and the rear need not line 34 be equipped with these side reflectors.
line 35 The reflectors and reflectorized tires shall be of a type meeting line 36 requirements established by the department.
line 37 (e)  A lamp or lamp combination, emitting a white light, attached line 38 to the operator and visible from a distance of 300 feet in front and 97 AB 544 — 3 —

line 1 from the sides of the bicycle, may be used in lieu of the lamp line 2 required by paragraph (1) of subdivision (d).
line 3 (f)   An electric bicycle shall comply with paragraph (2) of line 4 subdivision (d) during all hours.
line 5 SEC. 2. Section 21212 of the Vehicle Code is amended to read:
line 6 21212. (a)   (1)  A person under 18 years of age shall not operate line 7 a bicycle, a nonmotorized scooter, or a skateboard, wear in-line line 8 or roller skates, or ride upon a bicycle, nonmotorized scooter, or line 9 skateboard as a passenger upon a street, bikeway, as defined in line 10 Section 890.4 of the Streets and Highways Code, or any other line 11 public bicycle path or trail unless they are wearing a properly fitted line 12 and fastened bicycle helmet that meets the standards of either the line 13 American Society for Testing and Materials (ASTM) or the United line 14 States Consumer Product Safety Commission (CPSC), or a standard line 15 subsequently established by those entities. This requirement also line 16 applies to a person who rides upon a bicycle while in a restraining line 17 seat that is attached to the bicycle or in a trailer towed by the line 18 bicycle.
line 19 (2)  A person under 18 years of age shall not operate an electric line 20 bic ycle upon a street, bikeway, as defined in Section 890.4 of the line 21 Streets and Highw ays Code, or an y other public bic ycle path or line 22 trail unless the y are wearing a properly fitted and fastened bicycle line 23 helmet that meets the NT A-8776 standard or a helmet appro ved line 24 by either the ASTM or the CPSC with a multidirectional impact line 25 protection system (MIPS) designation.
line 26 (b)   (1)  A helmet sold or offered for sale for use by an operator line 27 or passenger of a bicycle, nonmotorized scooter, skateboard, or line 28 in-line or roller skates shall be conspicuously labeled in accordance line 29 with the standard described in paragraph (1) of subdivision (a), line 30 which shall constitute the manufacturer’s certification that the line 31 helmet conforms to the applicable safety standard. line 32 (2)  A helmet sold or offered for sale for use by an operator or line 33 passenger of an electric bic ycle shall be conspicuously labeled in line 34 accordance with the standard described in paragraph (2) of line 35 subdi vision (a), which shall constitute the manuf acturer’s line 36 certification that the helmet conforms to the applicable safety line 37 standard.
line 38 (c)  A person shall not sell or offer for sale, for use by an operator line 39 or passenger of a bicycle, nonmotorized scooter, electric bicycle, 97 — 4 — AB 544

line 1 skateboard, or in-line or roller skates, a helmet that is not of a type line 2 meeting requirements established by this section. line 3 (d)  A charge under this section shall be dismissed if the person line 4 charged alleges in court, under oath, that the charge against the line 5 person is the first charge against that person under this section, line 6 unless it is otherwise established in court that the charge is not the line 7 first charge against the person.
line 8 (e)   (1)  Except as provided in subdivision (d), a violation of this line 9 section is an infraction punishable by a fine of not more than line 10 twenty-five dollars ($25).
line 11 (2)   The parent or legal guardian having control or custody of line 12 an unemancipated minor whose conduct violates this section shall line 13 be jointly and severally liable with the minor for the amount of line 14 the fine imposed pursuant to this subdivision.
line 15 (f)   A record of the action shall not be transmitted to the court line 16 and a fee shall not be imposed pursuant to Section 40611 for a line 17 citation for not wearing a properly fitted and fastened bicycle line 18 helmet pursuant to subdivision (a) if the parent or legal guardian line 19 of the person described in subdivision (a) delivers proof to the line 20 issuing agency within 120 days after the citation was issued that line 21 the person has a helmet meeting the requirements specified in line 22 subdivision (a) and the person has completed an applicable a local line 23 bicycle safety course, course or, if the violation involved an electric line 24 bicycle, a specialized electric bicycle safety course, which may line 25 include, but is not limited to, the electric bicycle safety and training line 26 program developed by the Department of the California Highway line 27 Patrol pursuant to Section 894 of the Streets and Highways Code, line 28 or a related safety course, if one is available, as prescribed by line 29 authorities in the local jurisdiction.
line 30 (g)  Notwithstanding Section 1463 of the Penal Code or any line 31 other law, the fines collected for a violation of this section shall line 32 be allocated as follows:
line 33 (1)   Seventy-two and one-half percent of the amount collected line 34 shall be deposited in a special account of the county health line 35 department, to be used for bicycle, nonmotorized scooter, line 36 skateboard, and in-line and roller skate safety education and for line 37 assisting low-income families in obtaining approved bicycle line 38 helmets for persons under 18 years of age, either on a loan or line 39 purchase basis. The county may contract for the implementation line 40 of this program, which, to the extent practicable, shall be operated 97 AB 544 — 5 —

line 1 in conjunction with the child passenger restraint program pursuant line 2 to Section 27360.
line 3 (2)  Two and one-half percent of the amount collected shall be line 4 deposited in the county treasury to be used by the county to line 5 administer the program described in paragraph (1). line 6 (3)  If the violation occurred within a city, 25 percent of the line 7 amount collected shall be transferred to, and deposited in, the line 8 treasury of that city. If the violation occurred in an unincorporated line 9 area, this 25 percent shall be deposited and used pursuant to line 10 paragraph (1).
line 11 SEC. 3. No reimbursement is required by this act pursuant to line 12 Section 6 of Article XIIIB of the California Constitution because line 13 the only costs that may be incurred by a local agency or school line 14 district will be incurred because this act creates a new crime or line 15 infraction, eliminates a crime or infraction, or changes the penalty line 16 for a crime or infraction, within the meaning of Section 17556 of line 17 the Government Code, or changes the definition of a crime within line 18 the meaning of Section 6 of Article XIII B of the California line 19 Constitution.

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97 — 6 — AB 544

AMENDED IN ASSEMBLY MARCH 24, 2025
california legislature—2025–26 regular session
ASSEMBLY BILL No. 545
Introduced by Assembly Member Davies
February 11, 2025
An act to amend Section 312.5 24016 of the Vehicle Code, relating to vehicles.
legislative counsel’s digest
AB 545, as amended, Davies. Vehicles: electric bicycles.

Existing law defines an electric bicycle and classifies electric bicycles into 3 classes with different restrictions. Under existing law, a “class 1 electric bicycle” is a bicycle equipped with a motor that, among other things, provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour. Under existing law, a “class 2 electric bicycle” is a bicycle equipped with a motor that may be used exclusively to propel the bicycle and is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour. Under existing law, a “class 3 electric bicycle” is a bicycle equipped with a speedometer and a motor that, in pertinent part, provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour. Existing law prohibits a person from selling a product or device that can modify the speed capability of an electric bicycle so that it no longer meets the definition of an electric bicycle.

A violation of the Vehicle Code is an infraction.

This bill would also prohibit a person from selling an application that can modify the speed capability of an electric bicycle. By creating a new prohibition with respect to the modification of an electric bicycle,

98

the violation of which is an infraction, 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.

Existing law defines an electric bic ycle as a bic ycle equipped with fully operable pedals and an electric motor that does not e xceed 750 watts. A violation of the Vehicle Code is a crime.

This bill would clarify that an electric bicycle is a bicycle equipped with fully operable pedals and an electric motor that is not ph ysically capable of exceeding 750 watts of power.

V ote: majority. Appropriation: no. Fiscal committee: no yes.​ State-mandated local program: no yes.​
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 24016 of the Vehicle Code is amended to line 2 read:
line 3 24016. (a)  An electric bicycle described in subdivision (a) of line 4 Section 312.5 shall meet the following criteria:
line 5 (1)  Comply with the equipment and manufacturing requirements line 6 for bicycles adopted by the United States Consumer Product Safety line 7 Commission (16 C.F.R. 1512.1, et seq.).
line 8 (2)  Operate in a manner so that the electric motor is disengaged line 9 or ceases to function when the brakes are applied, or operate in a line 10 manner such that the motor is engaged through a switch or line 11 mechanism that, when if released or activated, will cause the line 12 electric motor to disengage or cease to function. line 13 (b)  A person operating an electric bicycle is not subject to the line 14 provisions of this code relating to financial responsibility, driver’s line 15 licenses, registration, and license plate requirements, and an electric line 16 bicycle is not a motor vehicle.
line 17 (c)  Every manufacturer of an electric bicycle shall certify that line 18 it complies with the equipment and manufacturing requirements line 19 for bicycles adopted by the United States Consumer Product Safety line 20 Commission (16 C.F.R. 1512.1, et seq.).
98 — 2 — AB 545

line 1 (d)   A person shall not tamper with or modify an electric bicycle line 2 described in subdivision (a) of Section 312.5 so as to change the line 3 speed capability of the bicycle, unless the bicycle continues to line 4 meet the definition of an electric bicycle under subdivision (a) of line 5 Section 312.5 and the person appropriately replaces the label line 6 indicating the classification required in subdivision (c) of Section line 7 312.5.
line 8 (e)   A person shall not sell a product or device product, device, line 9 or application that can modify the speed capability of an electric line 10 bicycle such that it no longer meets the definition of an electric line 11 bicycle under subdivision (a) of Section 312.5. line 12 SEC. 2. No reimbursement is required by this act pursuant to line 13 Section 6 of Article XIII B of the California Constitution because line 14 the only costs that may be incurred by a local agency or school line 15 district will be incurred because this act creates a new crime or line 16 infraction, eliminates a crime or infraction, or changes the penalty line 17 for a crime or infraction, within the meaning of Section 17556 of line 18 the Government Code, or changes the definition of a crime within line 19 the meaning of Section 6 of Article XIII B of the California line 20 Constitution.
line 21 SECTION 1. Section 312.5 of the Vehicle Code is amended line 22 to read:
line 23 312.5. (a)  An “electric bic ycle” is a bic ycle equipped with line 24 fully operable pedals and an electric motor that is not ph ysically line 25 capable of e xceeding 750 watts of power.
line 26 (1)   A “class 1 electric bic ycle,” or “lo w-speed pedal-assisted line 27 electric bic ycle,” is a bicycle equipped with a motor that provides line 28 assistance only when the rider is pedaling, that is not capable of line 29 exclusively propelling the bicycle, except as provided in paragraph line 30 (4), that ceases to pro vide assistance when the bicycle reaches the line 31 speed of 20 miles per hour , and that is not capable of pro viding line 32 assistance to reach speeds greater than 20 miles per hour . line 33 (2)   A “class 2 electric bicycle,” or “low-speed throttle-assisted line 34 electric bic ycle,” is a bicycle equipped with a motor that may be line 35 used e xclusively to propel the bic ycle, and that is not capable of line 36 pro viding assistance when the bic ycle reaches the speed of 20 line 37 miles per hour .
line 38 (3)  A “class 3 electric bicycle,” or “speed pedal-assisted electric line 39 bic ycle,” is a bic ycle equipped with a motor that pro vides line 40 assistance only when the rider is pedaling, that is not capable of 98 AB 545 — 3 —

line 1 exclusively propelling the bicycle, except as provided in paragraph line 2 (4), and that ceases to pro vide assistance when the bicycle reaches line 3 the speed of 28 miles per hour , and equipped with a speedometer. line 4 (4)  A class 1 or class 3 electric bicycle may have start assistance line 5 or a w alk mode that propels the electric bic ycle on motor power line 6 alone, up to a maximum speed of 3.7 miles per hour . line 7 (b)  A person riding an electric bicycle, as defined in this section, line 8 is subject to Article 4 (commencing with Section 21200) of Chapter line 9 1 of Di vision 11.
line 10 (c)  On and after January 1, 2017, manufacturers and distributors line 11 of electric bic ycles shall apply a label that is permanently affixed, line 12 in a prominent location, to each electric bic ycle. The label shall line 13 contain the classification number , top assisted speed, and motor line 14 w attage of the electric bic ycle, and shall be printed in Arial font line 15 in at least 9-point type.
line 16 (d)   The following vehicles are not electric bic ycles under this line 17 code and shall not be adv ertised, sold, offered for sale, or labeled line 18 as electric bic ycles:
line 19 (1)   A vehicle with two or three wheels powered by an electric line 20 motor that is intended by the manuf acturer to be modifiable to line 21 attain a speed greater than 20 miles per hour on motor power alone line 22 or to attain more than 750 w atts of power.
line 23 (2)   A vehicle that is modified to attain a speed greater than 20 line 24 miles per hour on motor po wer alone or to ha ve motor power of line 25 more than 750 w atts.
line 26 (3)   A v ehicle that is modified to ha ve its operable pedals line 27 remo ved.

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98 — 4 — AB 545

AMENDED IN ASSEMBLY APRIL 21, 2025
AMENDED IN ASSEMBLY APRIL 10, 2025
AMENDED IN ASSEMBLY MARCH 18, 2025
california legislature—2025–26 regular session
ASSEMBLY BILL No. 965
Introduced by Assembly Member Dixon
February 20, 2025
An act to add Section 21212.5 to the Vehicle Code, relating to vehicles.
legislative counsel’s digest
AB 965, as amended, Dixon. Vehicles: electric bicycles.

Existing law defines an electric bicycle and classifies electric bicycles into 3 classes with different restrictions. Under existing law, a “class 1 electric bicycle” is a bicycle equipped with a motor that, among other things, provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour. Under existing law, a “class 2 electric bicycle” is a bicycle equipped with a motor that may be used exclusively to propel the bicycle and is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour. Under existing law, a “class 3 electric bicycle” is a bicycle equipped with a speedometer and a motor that, in pertinent part, provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour. Existing law prohibits a person under 16 years of age from operating a class 3 electric bicycle. A violation of this provision is punishable as an infraction.

96

This bill would prohibit a person from selling a new class 3 electric bicycle to a person under 16 years of age and would make a violation of that prohibition an infraction punishable by a fine not to exceed $250.

By creating a new infraction, 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.

V ote: 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 21212.5 is added to the Vehicle Code, line 2 to read:
line 3 21212.5. (a)  A person shall not sell a new class 3 electric line 4 bicycle to a person under 16 years of age.
line 5 (b)   A violation of this section is an infraction and shall be line 6 punishable by a fine not to exceed two hundred and fifty dollars line 7 ($250).
line 8 SEC. 2. No reimbursement is required by this act pursuant to line 9 Section 6 of Article XIIIB of the California Constitution because line 10 the only costs that may be incurred by a local agency or school line 11 district will be incurred because this act creates a new crime or line 12 infraction, eliminates a crime or infraction, or changes the penalty line 13 for a crime or infraction, within the meaning of Section 17556 of line 14 the Government Code, or changes the definition of a crime within line 15 the meaning of Section 6 of Article XIII B of the California line 16 Constitution.

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96 — 2 — AB 965