negative impact, supported by a preponderance of the evidence in the record, on the public agency’s ability to meet its share of specified housing needs or existing residential or commercial parking within 1/2 mile of the housing development.
AB 2106 (Rivas, Robert D) Water quality: permits.
Current Text: Vetoed: 9/28/2022 html pdf
Introduced: 2/14/2022
Status: 9/28/2022-Vetoed by Governor.
Location: Assembly Vetoed
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would require, on or before December 31, 2025, the State Water Resources Control Board to update its stormwater data collection systems and software through specified actions.
AB 2142 (Gabriel D) Income taxes: exclusion: turf replacement water conservation program.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/15/2022
Status: 9/28/2022-Signed by the Governor
Location: Assembly Chaptered
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Personal Income Tax Law and the Corporation Tax Law, in conformity with federal income tax law, generally defines “gross income” as income from whatever source derived, except as specifically excluded, and provides various exclusions from gross income. Current law provides an exclusion from gross income for any amount received as a rebate or voucher from a local water or energy agency or supplier for the purchase or installation of a water conservation water closet, energy efficient clothes washers, and plumbing devices, as specified. This bill would, for taxable years beginning on or after January 1, 2022, and before January 1, 2027, under both of these laws, provide an exclusion from gross income for any amount received as a rebate, voucher, or other financial incentive issued by a public water system, as defined, local government, or state agency for participation in a turf replacement water conservation program.
AB 2234 (Rivas, Robert D) Planning and zoning: housing: postentitlement phase permits.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/15/2022
Status: 9/28/2022-Signed by the Governor
Location: Assembly Chaptered
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Housing Accountability Act, among other things, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, specified housing development projects, including projects for very low, low, or moderate-income households and projects for emergency shelters, that comply with applicable, objective general plan, zoning, and subdivision standards and criteria in effect at the time the application for the project is deemed complete, unless the local agency makes specified written findings supported by a preponderance of the evidence in the record. The act authorizes a project applicant, a person who would be eligible to apply for residency in the housing development or emergency shelter, or a housing organization to bring a lawsuit to enforce its provisions. This bill would require a local agency to compile a list of information needed to approve or deny a postentitlement phase permit, as defined, to post an example of a complete, approved application and an example of a complete set of postentitlement phase permits for at least 5 types of housing development projects, as defined, in the jurisdiction, as specified, and to make those items available to all applicants for these permits no later than January 1, 2024. The bill would define “local agency” for these purposes to mean a city, county, or city and county.
AB 2264 (Bloom D) Pedestrian crossing signals.
Current Text: Chaptered: 9/23/2022 html pdf
Introduced: 2/16/2022
Status: 9/23/2022-Approved by the Governor. Chaptered by Secretary of State - Chapter 496, Statutes of 2022.
Location: Assembly Chaptered
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would require a traffic-actuated signal to be installed and maintained to have a leading
pedestrian interval, and to include the installation, activation, and maintenance of an accessible pedestrian signal and detector, upon the first placement or replacement of a state-owned or operated traffic-actuated signal. The bill would also require an existing state-owned or operated traffic-actuated signal capable of being implemented with remote installation or in-person programming to be programmed with a leading pedestrian interval when maintenance work is done on the intersection in which the traffic-actuated signal is located, if the signal is in a residential, business, or business activity district, a safety corridor, a school zone, or an area with a high concentration of pedestrians and cyclists, as specified. These requirements would not apply when prohibited by the California Manual on Uniform Traffic Control Devices. The bill would, for these purposes, define a “leading pedestrian interval” as an official traffic control signal that advances the “WALK” signal for 3 to 7 seconds while the red signal halting traffic continues to be displayed on parallel through or turning traffic, and define “accessible pedestrian signal and detector” as an integrated device that communicates information about the “WALK” and “DON’T WALK” intervals at signalized intersections in nonvisual formats, including audible tones, speech messages, and vibrotactile surfaces, to pedestrians who are blind or have low vision. T
AB 2271 (Gipson D) Los Angeles County Metropolitan Transportation Authority: contracting: local businesses.
Current Text: Chaptered: 9/22/2022 html pdf
Introduced: 2/16/2022
Status: 9/22/2022-Approved by the Governor. Chaptered by Secretary of State - Chapter 460, Statutes of 2022.
Location: Assembly Chaptered
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law creates the Los Angeles County Metropolitan Transportation Authority (LA Metro), with various powers and duties with respect to transportation planning, programming, construction, and operations. Current law authorizes LA Metro to provide for a small business preference of 5% of the lowest responsible bidder meeting specifications, with respect to contracts in construction, the construction component of a design-build team, the procurement of goods, or the delivery of services. Current law also authorizes LA Metro to set aside work for competition, until January 1, 2024, (1) among certified small business enterprises and award each contract to the certified small business enterprise that is the lowest responsible bidder whenever the expected expenditure required exceeds $5,000 but is less than $3,000,000, as specified, and (2) among medium business enterprises for no more than 20 contracts and award each contract to the medium business enterprise that is the lowest responsible bidder whenever the expected expenditure required exceeds $3,000,000 but is less than $30,000,000, as provided. Current law defines a small business enterprise and medium business enterprise for these purposes. This bill would authorize LA Metro to also provide for a local small business enterprise preference of 5% of the lowest responsible bidder meeting specifications, with respect to contracts in construction, the construction component of a design-build team, the procurement of goods, or the delivery of services, and to provide the preference to nonlocal businesses if the bid includes a 30% participation by local small business enterprises.
The bill would define a local small business enterprise for these purposes.
AB 2295 (Bloom D) Local educational agencies: housing development projects.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/16/2022
Status: 9/28/2022-Signed by the Governor
Location: Assembly Chaptered
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would deem a housing development project an allowable use on any real property owned by a local educational agency, as defined, if the housing development satisfies certain conditions, including other local objective zoning standards, objective subdivision standards, and objective design review standards, as described. The bill would deem a housing development that meets these requirements consistent, compliant, and in conformity with local development standards, zoning codes or maps, and the general plan. The bill, among other things, would authorize the land used for the development of the housing development to be jointly used or jointly occupied by the local educational agency and any other party, subject to specified requirements. The bill would exempt a housing development project subject to these provisions from various requirements regarding the disposal of surplus land. The bill would make these provisions effective on January 1, 2024, except that the bill would require the Department of Housing and Community Development to provide a specified notice to the planning agency of each county and city on or before January 31, 2023.
The bill would repeal its provisions on January 1, 2033.
AB 2339 (Bloom D) Housing element: emergency shelters: regional housing need.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/16/2022
Status: 9/28/2022-Signed by the Governor
Location: Assembly Chaptered
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: (1)The Planning and Zoning Law requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city that includes a housing element. Existing law requires that the housing element identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and make adequate provision for the existing and projected needs of all economic segments of a community. Existing law also requires that the housing element include an analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels. This bill would revise the requirements of the housing element, as described above, in connection with zoning designations that allow residential use, including mixed use, where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit. The bill would delete language regarding emergency shelter standards structured in relation to residential and commercial developments and instead require that emergency shelters only be subject to specified written, objective standards. The bill would specify that emergency shelters for purposes of these provisions include other interim intervention, including, but not limited to, navigation centers, bridge housing, and respite or recuperative care. This bill contains other related provisions and other existing laws.
AB 2342 (Cervantes D) Community Economic Resilience Fund Program.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/16/2022
Status: 9/27/2022-Approved by the Governor. Chaptered by Secretary of State - Chapter 568, Statutes of 2022.
Location: Assembly Chaptered
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law establishes the Community Economic Resilience Fund Program within the Workforce Services Branch of the Employment Development Department within the Labor and Workforce Development Agency. Current law requires the program to provide financial support to establish and support high road transition collaboratives, as specified, and sets forth requirements for the program and collaboratives. Current law provides planning grants to establish and support at least one collaborative per region in areas that have had disproportionate impacts due to COVID-19 and requires that implementation grants be awarded on a rolling and competitive basis to fund economic recovery, as specified. Current law requires the Labor and Workforce Development Agency, working with the Office of Planning and Research, and the Governor’s Office of Business and Economic Development to manage the design and operation of the program solicitation and award processes. Current law also sets forth outcome and reporting requirements for program grantees. This bill would, among other things, require the Inter-Agency Leadership Team to include policies for grant funds to fund business and workforce investments in multiple sectors, and connect, in each of those sectors, to any existing or emerging high road training partnerships, state and federal recognized apprenticeship and preapprenticeship programs, and high road construction career training programs, in addition to other workforce programs that support career pathways to high road jobs, require collaboratives to engage local and regional planning efforts, and require the Workforce Services Branch to make available copies of the reports on the internet websites of each agency of the Inter-Agency Leadership Team within 30 days of submitting the reports.
AB 2668 (Grayson D) Planning and zoning.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/18/2022
Status: 9/28/2022-Signed by the Governor
Location: Assembly Chaptered
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Planning and Zoning Law, until January 1, 2026, authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit, if the development satisfies specified objective planning standards. Current law specifies that a development is consistent with the objective planning standards if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. This bill would clarify that a development subject to these provisions is subject to a streamlined, ministerial approval process, and not subject to a conditional use permit or any other nonlegislative discretionary approval. The bill would specify that a local government is required to approve a development if it determines that the development is
consistent with objective planning standards, as specified.
AB 2780 (Arambula D) Dissolution of redevelopment agencies: enhanced infrastructure financing districts: City of Selma.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/18/2022
Status: 9/27/2022-Approved by the Governor. Chaptered by Secretary of State - Chapter 598, Statutes of 2022.
Location: Assembly Chaptered
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law dissolved all redevelopment agencies in accordance with a detailed statutory process and provides for the designation of successor agencies to wind down the affairs of the dissolved redevelopment agencies. Current law authorizes the legislative body of a city or county to establish an enhanced infrastructure financing district to finance public capital facilities or other specified projects of communitywide significance that provide significant benefits to the district or the surrounding community.
Current law prohibits a city or county that created a redevelopment agency from initiating the creation of an enhanced infrastructure financing district or participating in the governance or financing of an enhanced infrastructure financing district until certain specified events occur, including that the successor agency for the former redevelopment agency created by the city or county has received a finding of completion, as specified. This bill would, notwithstanding those provisions, authorize the City of Selma to initiate, participate in, govern, or finance an enhanced infrastructure financing district if those specified events have occurred, except the requirement to have received a finding of completion, and if the City of Selma, acting as the successor agency to the former Selma Redevelopment Agency, has paid in full the amount outstanding demanded by the county auditor-controller from the funds of the successor agency for subsequent distribution to taxing entities, as specified.
AB 2817 (Reyes D) House California Challenge Program.
Current Text: Vetoed: 9/28/2022 html pdf
Introduced: 2/18/2022
Status: 9/28/2022-Vetoed by Governor.
Location: Assembly Vetoed
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would, upon appropriation of funds by the Legislature, establish the House California Challenge Program, to be administered by the Department of Housing and Community Development, in partnership with the California Health and Human Services Agency, for the purpose of providing direct rental assistance to help persons who are experiencing homelessness obtain housing. The bill would require the department, upon appropriation of those funds by the Legislature, to allocate $1,000,000,000 for purposes of the program each fiscal year for 5 years, beginning with the 2022–23 fiscal year. The bill would require 10% of the funds to be awarded as grants to recipients, as defined, for the purpose of helping participants locate and obtain permanent housing and would require 80% of the funds to be allocated by the department for specified uses, including long-term rental assistance, master leasing of units, and short-term funds for prevention, self-resolution, and diversion services, as specified. The bill would authorize up to 10% of the funds to be used for administrative costs. Under the bill, and to the extent allowable under federal law, any assistance, services, or supports received pursuant to the program would not be considered income or a resource of the participant for purposes of determining eligibility for, or benefits pursuant to, any public assistance program.
SB 6 (Caballero D) Local planning: housing: commercial zones.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 12/7/2020
Status: 9/28/2022-Signed by the Governor
Location: Senate Chaptered
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Planning and Zoning Law requires each county and city to adopt a comprehensive, longterm general plan for its physical development, and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a housing element. Current law requires that the housing element include, among other things, an inventory of land suitable and available for residential development.
If the inventory of sites does not identify adequate sites to accommodate the need for groups of all households pursuant to specified law, existing law requires the local government to rezone sites within specified time periods and that this rezoning accommodate 100% of the need for housing for very low and
low-income households on sites that will be zoned to permit owner-occupied and rental multifamily residential use by right for specified developments. This bill, the Middle Class Housing Act of 2022, would deem a housing development project, as defined, an allowable use on a parcel that is within a zone where office, retail, or parking are a principally permitted use, if specified conditions are met, including requirements relating to density, public notice, comment, hearing, or other procedures, site location and size, consistency with sustainable community strategy or alternative plans, prevailing wage, and a skilled and trained workforce.
SB 222 (Dodd D) Water Rate Assistance Program.
Current Text: Vetoed: 9/28/2022 html pdf
Introduced: 1/14/2021
Status: 9/28/2022-Vetoed by the Governor
Location: Senate Vetoed
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health. Existing law declares it to be the established policy of the state that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes. This bill would establish the Water Rate Assistance Fund in the State Treasury to help provide water affordability assistance, for both drinking water and wastewater services, to low-income residential ratepayers. The bill would make moneys in the fund available upon appropriation by the Legislature to the state board to provide, in consultation with relevant agencies, direct water bill assistance to low-income residential ratepayers served by eligible systems, as defined, and would require 80% of total expenditures from the fund to be directly applied to residential ratepayer accounts.
SB 450 (Hertzberg D) Fire protection: Special District Fire Response Fund: Office of Emergency Services.
Current Text: Chaptered: 9/22/2022 html pdf
Introduced: 2/16/2021
Status: 9/22/2022-Approved by the Governor. Chaptered by Secretary of State. Chapter 466, Statutes of 2022.
Location: Senate Chaptered
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would require the Office of Emergency Services to administer the Special District Fire Response Fund and, in cooperation with the board of directors of the FIRESCOPE Program, to develop a standard grant application form, establish an annual timeline to apply for grants, employ strategies to ensure that underfunded special district that provide fire protection services are aware of the availability of the Special District Fire Response Fund, establish reporting requirements for grant recipients, and develop metrics for consideration of grant applications, as specified.
SB 490 (Caballero D) The Buy American Food Act: public institutions: purchase of nondomestic agricultural food products.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/17/2021
Status: 9/27/2022-Approved by the Governor. Chaptered by Secretary of State. Chapter 602, Statutes of 2022.
Location: Senate Chaptered
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would enact the Buy American Food Act to require public institutions, as defined, that receive federal meal reimbursement funding to provide prepared meals and that solicit bids for the purchase of agricultural food products, as defined, to include in their solicitation for bids and contracts that only the purchase of agricultural food products grown, packed, or processed domestically is authorized, unless the bid or price of the nondomestic agricultural food product is more than 25% lower than the bid or price of the domestic agricultural food product, the quality of the domestic agricultural food product is inferior to the quality of the agricultural food product grown, packed, or produced nondomestically, or the agricultural food product is not produced or manufactured domestically in sufficient and reasonably available quantities of a satisfactory quality to meet the needs of the public institution. The bill would exempt local educational agencies with annual federal meal reimbursement funding of less than $1,000,000 from these provisions.
The bill would require the public institution to retain documentation relating to the purchase of agricultural food products for 3 years and to make that documentation available to the public upon request. The bill
would provide that the bill’s provisions neither limit nor expand California’s obligations under the Agreement on Government Procurement of the World Trade Organization. The bill would provide that these provisions do not apply to the Child and Adult Care Food Program, the Summer Food Service Program, the Department of Corrections and Rehabilitation, or to agricultural food products purchased by or provided to a public institution through the United States Department of Agriculture.
SB 649 (Cortese D) Local governments: affordable housing: local tenant preference.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/19/2021
Status: 9/28/2022-Signed by the Governor
Location: Senate Chaptered
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would provide that, to the extent feasible and consistent with other laws, the low-income housing tax credit program and tax-exempt bonds for qualified residential rental property used for affordable housing may be used to support access to housing that would allow households facing or at risk of displacement to remain in the community. The bill would specify that a local tenant preference adopted pursuant to the bill’s provisions is subject to the duty of public agencies to affirmatively further fair housing, as specified. The bill would require any local government adopting a local tenant preference policy to create a webpage on its internet website containing the ordinance and its supporting materials, and to annually submit a link to its tenant preference webpage to the Department of Housing and Community Development.
The bill would require the department to post on its internet website a list of jurisdictions that have tenant preference policies. The bill would repeal these provisions on January 1, 2033.
SB 679 (Kamlager D) Los Angeles County: affordable housing.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/19/2021
Status: 9/28/2022-Signed by the Governor
Location: Senate Chaptered
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The San Francisco Bay Area Regional Housing Finance Act establishes the Bay Area Housing Finance Authority to raise, administer, and allocate funding for affordable housing in the San Francisco Bay area, as defined, and provide technical assistance at a regional level for tenant protection, affordable housing preservation, and new affordable housing production. This bill, the Los Angeles County Regional Housing Finance Act, would establish the Los Angeles County Affordable Housing Solutions Agency and would state that the agency’s purpose is to increase the supply of affordable housing in Los Angeles County by providing for significantly enhanced funding and technical assistance at a regional level for renter protections, affordable housing preservation, and new affordable housing production, as specified. The bill would require a board composed of 21 voting members and one nonvoting member from Los Angeles County, as specified, to govern the agency.
SB 869 (Leyva D) Housing: mobilehome parks: recreational vehicle parks: manager training.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 1/24/2022
Status: 9/28/2022-Signed by the Governor
Location: Senate Chaptered
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law establishes a director of the Department of Housing and Community Development and authorizes them to perform all duties, exercise all powers, discharge all responsibility, and administer and enforce all laws, rules, and regulations under the jurisdiction of the department, among other duties.This bill would require the Department of Housing and Community Development, by May 1, 2025, to adopt regulations to require at least one person per mobilehome park or recreational vehicle park employed or acting under contract as an onsite manager or assistant manager, or otherwise acting in an onsite or offsite managerial capacity or role, on behalf of a mobilehome park or recreational vehicle park to receive training, as specified. The bill would require the training to be at least 6 hours, and no more than 8 hours, during the initial year and would require an online end-of-year examination to occur, as specified. The bill would require, every 2 years thereafter, a training of at least 2 hours, and no more than 4 hours, on rules and regulations for the park, among other matters. The bill would require the director of the department to permit a third-party provider to offer the training, as specified. Once permitted, the bill would require the director to review the training curriculum and materials of the permitted third-party provider every 2 years for compliance with the provisions of this bill. The bill would require the department to adopt regulations for
the qualification and disqualification of third-party providers, as specified. The bill would require the department to adopt these regulations by May 1, 2025.
SB 886 (Wiener D) California Environmental Quality Act: exemption: public universities: university housing development projects.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 1/27/2022
Status: 9/28/2022-Signed by the Governor
Location: Senate Chaptered
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would, until January 1, 2030, exempt from CEQA a university housing development project, as defined, carried out by a public university, as defined, on real property owned by the public university if the project meets certain requirements, including that each building within the project is certified as Leadership in Energy and Environmental Design (LEED) platinum or better by the United States Green Building Council, that the project’s construction impacts are fully mitigated, and that the project is not located, in whole or in part, on certain types of sites, including a site that is within a special flood hazard area subject to inundation by a 1% annual chance flood or within a regulatory floodway as determined by the Federal Emergency Management Agency, as provided. The bill, with respect to a site that is within a special flood hazard area subject to inundation by a 1% annual chance flood or within a regulatory floodway, would prohibit a local government from denying an application on the basis that a public university did not comply with any additional permit requirement, standard, or action adopted by that local government applicable to the site if the public university is able to satisfy all applicable federal qualifying criteria in order to demonstrate that the site meets these criteria and is otherwise eligible to be exempt from CEQA pursuant to the above requirements. By imposing additional duties on local governments, this bill would impose a state-mandated local program.
SB 897 (Wieckowski D) Accessory dwelling units: junior accessory dwelling units.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/1/2022
Status: 9/28/2022-Signed by the Governor
Location: Senate Chaptered
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law authorizes a local agency to impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, and maximum size of a unit. This bill would require that the standards imposed on accessory dwelling units be objective. For purposes of this requirement, the bill would define “objective standard” as a standard that involves no personal or subjective judgment by a public official and is uniformly verifiable, as specified. The bill would also prohibit a local agency from denying an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.
SB 914 (Rubio D) HELP Act.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/2/2022
Status: 9/28/2022-Signed by the Governor
Location: Senate Chaptered
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would require cities, counties, and continuums of care receiving state funding to address homelessness, on or after January 1, 2024, to include families, people fleeing or attempting to flee domestic violence, and unaccompanied women within the vulnerable populations for whom specific system supports are developed to maintain homeless services and housing delivery. The bill would also impose other homelessness planning and data analysis requirements on these cities, counties, and continuums of care.
The bill would prohibit victim service providers, as defined, from being required or expected to enter clientlevel data into specified homeless data systems and would permit any funding provided to cities, counties, and continuums of care, consistent with authorized program uses and limitations, to be used to support the development and the maintenance of comparable databases, as specified.
SB 932 (Portantino D) General plans: circulation element: bicycle and pedestrian plans and traffic
calming plans.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/7/2022
Status: 9/28/2022-Signed by the Governor
Location: Senate Chaptered
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law states the Legislature’s intention that a county or city general plan and the elements and parts of that general plan comprise an integrated, internally consistent and compatible statement of policies for the adopting agency. This bill would emphasize the intent of the Legislature to support and encourage communities in reaching environmental and climate change objectives with these provisions.
SB 972 (Gonzalez D) California Retail Food Code.
Current Text: Chaptered: 9/23/2022 html pdf
Introduced: 2/10/2022
Status: 9/23/2022-Approved by the Governor. Chaptered by Secretary of State. Chapter 489, Statutes of 2022.
Location: Senate Chaptered
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would authorize a cottage food operation or microenterprise home kitchen operation to serve as a commissary or mobile support unit for up to 2 compact mobile food operations if the cottage food operation or microenterprise home kitchen operation permit includes an endorsement from the local enforcement agency that the cottage food operation or microenterprise home kitchen operation is capable of supporting the preparation and storage of the food being sold from the compact mobile food operation and the storage and cleaning of the compact mobile food operation. The bill would authorize nonpotentially hazardous foods prepared in a cottage food operation to be served from a compact mobile food operation. The bill would define “compact mobile food operation” as a mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance. The bill would require compact food operations to conduct only limited food preparation.
SB 1052 (Kamlager D) Baldwin Hills Conservancy: urban watersheds conservancy expansion.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/15/2022
Status: 9/28/2022-Signed by the Governor
Location: Senate Chaptered
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Baldwin Hills Conservancy Act establishes, until January 1, 2026, in the Natural Resources Agency, the Baldwin Hills Conservancy, created with the purpose, among other purposes, to acquire and manage public lands within the Baldwin Hills area, as defined. This bill would provide that the purposes of the conservancy additionally include acquiring and managing public lands within the southern Ballona Creek Watershed and Upper Dominguez Channel area, rename the conservancy the Baldwin Hills and Urban Watersheds Conservancy, and make conforming changes. The bill would repeal the January 1, 2026, sunset date, thereby extending the act indefinitely.
SB 1065 (Eggman D) California Abandoned and Derelict Commercial Vessel Program.
Current Text: Vetoed: 9/28/2022 html pdf
Introduced: 2/15/2022
Status: 9/28/2022-Vetoed by the Governor
Location: Senate Vetoed
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would establish the California Abandoned and Derelict Commercial Vessel Program within the Natural Resources Agency, to be administered by the commission, upon appropriation by the Legislature, to bring federal, state, and local agencies together to identify, prioritize, and fund the removal and proper disposal of abandoned and derelict commercial vessels and other debris from commercially navigable waters, as defined. The bill would require the commission, upon appropriation by the Legislature, on or before July 1, 2024, to create, and regularly update and maintain thereafter, an inventory of abandoned and derelict commercial vessels on or in commercially navigable waters, as provided, and, on or before July 1, 2025, to develop a plan to prevent or reduce abandoned and derelict commercial vessels on or in commercially
navigable waters, as provided.
SB 1087 (Gonzalez D) Vehicles: catalytic converters.
Current Text: Chaptered: 9/25/2022 html pdf
Introduced: 2/15/2022
Status: 9/25/2022-Approved by the Governor. Chaptered by Secretary of State. Chapter 514, Statutes of 2022.
Location: Senate Chaptered
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would prohibit any person from purchasing a used catalytic converter from anybody other than certain specified sellers, including an automobile dismantler, an automotive repair dealer, or an individual possessing documentation, as specified, that they are the lawful owner of the catalytic converter. A violation of this provision would be an infraction, punishable by a fine, as specified.
SB 1117 (Becker D) State Public Defender: grants.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/16/2022
Status: 9/27/2022-Approved by the Governor. Chaptered by Secretary of State. Chapter 615, Statutes of 2022.
Location: Senate Chaptered
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would authorize the State Public Defender to administer and award grants to improve indigent defense services.
SB 1122 (Allen D) San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy: territory.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/16/2022
Status: 9/28/2022-Signed by the Governor
Location: Senate Chaptered
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law establishes the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy in the Natural Resources Agency and prescribes the functions and duties of the conservancy with regard to the protection, preservation, and enhancement of specified areas of the Counties of Los Angeles and Orange located along the San Gabriel River and the lower Los Angeles River and tributaries along those rivers. Current law, for purposes of those provisions, defines “territory” to mean the territory of the conservancy that consists of those portions of the Counties of Los Angeles and Orange located within the San Gabriel River and its tributaries, the lower Los Angeles River and its tributaries, and the San Gabriel Mountains, as described. This bill would additionally include the Dominguez Channel watershed and Santa Catalina Island, as described, within that definition of territory, and would make various related changes to the boundaries of that territory.
SB 1157 (Hertzberg D) Urban water use objectives.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/17/2022
Status: 9/28/2022-Signed by the Governor
Location: Senate Chaptered
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law requires the Department of Water Resources, in coordination with the State Water Resources Control Board, and including collaboration with and input from stakeholders, to conduct necessary studies and investigations and authorizes the department and the board to jointly recommend to the Legislature a standard for indoor residential water use. Current law, until January 1, 2025, establishes 55 gallons per capita daily as the standard for indoor residential water use. Current law establishes, beginning January 1, 2025, the greater of 52.5 gallons per capita daily or a standard recommended by the department and the board as the standard for indoor residential water use, and beginning January 1, 2030, establishes the greater of 50 gallons per capita daily or a standard recommended by the department and the board as the standard for indoor residential water use. Current law requires the board, in coordination with the department, to adopt by regulation variances recommended by the department and guidelines and
methodologies pertaining to the calculation of an urban retail water supplier’s urban water use objective recommended by the department. This bill would eliminate the option of using the greater of 52.5 gallons per capita daily and the greater of 50 gallons per capita daily, as applicable, or a standard recommended by the department and the board as the standard for indoor residential water use. The bill would instead require that from January 1, 2025, to January 1, 2030, the standard for indoor residential water use be 47 gallons per capita daily and beginning January 1, 2030, the standard be 42 gallons per capita daily.
SB 1187 (Kamlager D) Fabric recycling: pilot project.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/17/2022
Status: 9/27/2022-Approved by the Governor. Chaptered by Secretary of State. Chapter 616, Statutes of 2022.
Location: Senate Chaptered
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would require the Department of Resources Recycling and Recovery to establish a pilot project of up to 3 years located in the Counties of Los Angeles and Ventura in partnership with garment manufacturers in order to study and report on the feasibility of recycling fabric, as specified. The bill would require the pilot project to be submitted by an applicant jurisdiction and designed to create a circular economy for the highest and best use of waste textiles. The bill would require the pilot project operator to annually report to the department, the amount, in pounds, of textiles that were collected and that were diverted from disposal in the prior year of the pilot project, among other information. The bill would require the pilot project to conclude no later than January 1, 2027. The bill would specify that any state funding provided for the pilot project is subject to an appropriation by the Legislature for this purpose.
SB 1444 (Allen D) Joint powers authorities: South Bay Regional Housing Trust.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/18/2022
Status: 9/28/2022-Signed by the Governor
Location: Senate Chaptered
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Joint Exercise of Powers Act authorizes 2 or more public agencies, by agreement, to form a joint powers authority to exercise any power common to the contracting parties, as specified. The act authorizes the agreement to set forth the manner by which the joint powers authority will be governed. The act specifically authorizes the establishment of specified joint powers authorities, including the San Gabriel Valley Regional Housing Trust, for the purposes of funding housing specifically assisting the homeless population and persons and families of extremely low, very low, and low income, as specified. This bill would similarly authorize the establishment of the South Bay Regional Housing Trust, a joint powers authority, by the County of Los Angeles and any or all of the cities within the jurisdiction of the South Bay Cities Council of Governments, with the stated purpose of funding housing to assist the homeless population and persons and families of extremely low, very low, and low income within the South Bay. The bill would authorize the South Bay Regional Housing Trust to fund the planning and construction of housing, receive public and private financing and funds, and authorize and issue bonds.
SB 1449 (Caballero D) Office of Planning and Research: grant program: annexation of unincorporated areas.
Current Text: Vetoed: 9/28/2022 html pdf
Introduced: 2/18/2022
Status: 9/28/2022-Vetoed by the Governor
Location: Senate Vetoed
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law requires the Office of Planning and Research to, among other things, accept and allocate or expend grants and gifts from any source, public or private, for the purpose of state planning and undertake other planning and coordinating activities, as specified, and encourage the formation and proper functioning of, and provide planning assistance to, city, county, district, and regional planning agencies. This bill would require the office to, upon appropriation by the Legislature, establish the Unincorporated Area Annexation Incentive Program, authorizing the office to issue a grant to a city for the purpose of funding infrastructure projects related to the proposed or completed annexation of a substantially surrounded unincorporated area, as defined, subject to approval by the director after the city submits an application containing specified information. The bill would require the office to match, on a dollar-for-dollar basis, any dollar contribution a city makes toward a project funded by the program, subject to a maximum funding
threshold as determined by the director.
SB 1472 (Stern D) Vehicular manslaughter: speeding and reckless driving.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/18/2022
Status: 9/27/2022-Approved by the Governor. Chaptered by Secretary of State. Chapter 626, Statutes of 2022.
Location: Senate Chaptered
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law defines the crime of vehicular manslaughter as the unlawful killing of a human being without malice while driving a vehicle under specified circumstances, including in the commission of an unlawful act, not amounting to felony, with or without gross negligence, and provides that vehicular manslaughter is punishable as a misdemeanor or a felony. This bill would specify a list of circumstances that may, based on the totality of the circumstances, constitute gross negligence for manslaughter, including, among other circumstances, when a person has participated in a sideshow or has sped over 100 miles per hour. By expanding the definition of a crime, the bill would impose a state-mandated local program.
SB 1475 (Glazer D) Blood banks: collection.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/18/2022
Status: 9/28/2022-Signed by the Governor
Location: Senate Chaptered
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law requires a blood bank to be licensed by the State Department of Health Care Services. Existing law authorizes specified individuals to collect human blood at a blood bank that meets specified requirements if the collection is under the direct and responsible supervision of a licensed physician or surgeon. Current regulations authorize blood collection when a physician is not present on the blood bank premises when specified requirements are met, including that a qualified physician or emergency medical facility is no more than 15 minutes away. Current law requires a health care provider to obtain verbal or written consent from a patient before the use of telehealth to deliver health care services. An existing executive order has suspended that requirement during the COVID-19 pandemic. This bill would authorize blood collection at a blood bank when a physician or surgeon is not physically present if the medical director and their medical advisory committee approve and if the employee placed in charge is a registered nurse.
Total Measures: 53
Total Tracking Forms: 109
Housing & Community Development
Legislative Summary 2022
AB 682 (Bloom D) Planning and zoning: density bonuses: shared housing buildings.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/12/2021
Status: 9/28/2022-Signed by the Governor
Location: Assembly Chaptered
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Density Bonus Law requires a city or county to provide a developer that proposes a housing development within the city or county with a density bonus and other incentives or concessions, as specified, if the developer agrees to construct, among other options, 10% of the total units of a housing development for rental or sale to lower income households, as defined; or 5% of the total units for rental or sale to very low income households, as defined; a senior citizen housing development, as defined, or a mobilehome park that limits residency based on age requirements, as specified; or 100% of all units in the development for lower income households, as defined, subject to certain exceptions, and meets other requirements. This bill would provide that a housing development eligible for a density bonus be provide under these provisions includes a shared housing building, as defined, that will contain 10% of the total units for lower income households; contain or 5% of the total units for very low income households; is a senior housing development; or in which 100% of all the units are for lower income households, as described above. The bill would prohibit the city, county, or city and county from requiring any minimum unit size requirements or minimum bedroom requirements in conflict with the bill’s provisions with respect to a shared housing building eligible for a density bonus under these provisions.
AB 777 (McCarty D) State property: transfer: University of California.
Current Text: Vetoed: 9/28/2022 html pdf
Introduced: 2/16/2021
Status: 9/28/2022-Vetoed by Governor.
Location: Assembly Vetoed
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law authorizes the Department of General Services (department) to dispose of surplus state real property by sale, lease, exchange, sale combined with an exchange, or other manner of disposition authorized by the Legislature, upon terms and conditions and subject to any reservation and exceptions the department deems to be in the best interests of the state. This authorization also declares that the provision of housing for Californians is a goal of the highest priority, and the intent of the Legislature that priority be given in the disposal of surplus state real property to housing for persons and families of low or moderate income. Current law requires each state agency, on or before December 31 of each year, to make a review of all proprietary state lands, with specified exceptions, over which it has jurisdiction, to determine what, if any, land is in excess of its foreseeable needs and report thereon in writing to the department. Current law, the California Public Records Act, requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies. This bill would require colleges, universities, and nonprofit entities, as specified, for projects, as defined, to ensure a skilled and trained workforce is used to complete those projects, including by sending a notice of solicitation to specific entities, requiring contractors and subcontractors to pay prevailing wages to employees, establishing a process to prequalify prime contractors and subcontractors, and providing a monthly compliance report, among other things.
AB 916 (Salas D) Zoning: bedroom addition.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/17/2021
Status: 9/28/2022-Signed by the Governor
Location: Assembly Chaptered
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would prohibit a city or county legislative body from adopting or enforcing an ordinance requiring a public hearing as a condition of reconfiguring existing space to increase the bedroom count within an existing dwelling unit. The bill would apply these provisions only to a permit application for no more than 2 additional bedrooms within an existing dwelling unit. The bill would specify that these provisions are not to be construed to prohibit a local agency from requiring a public hearing for a proposed project that would increase the number of dwelling units within an existing structure. The bill would include findings that ensuring adequate housing is a matter of statewide concern and is not a municipal affair, and that the provision applies to all cities, including charter cities.
AB 1206 (Bennett D) Property taxation: affordable housing: welfare exemption.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/19/2021
Status: 9/28/2022-Signed by the Governor
Location: Assembly Chaptered
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current property tax law, in accordance with the California Constitution, provides for a “welfare exemption” for property used exclusively for religious, hospital, scientific, or charitable purposes and that is owned or operated by certain types of nonprofit entities, if certain qualifying criteria are met. Under current property tax law, property that meets these requirements that is used exclusively for rental housing and related facilities is entitled to a partial exemption, equal to that percentage of the value of the property that is equal to the percentage that the number of units serving lower income households represents of the total number of residential units, in any year that any of certain criteria apply, including that the property be subject to a legal restriction that provides that units designated for use by lower income households are continuously available to or occupied by lower income households, at rents not exceeding specified limits. For the 2018–19 fiscal year through the 2027–28 fiscal year, in the case of an owner of property receiving a low-income housing tax credit under specified federal law, current property tax law requires that a unit continue to be treated as occupied by a lower income household for these purposes if the occupants were lower income households on the lien date in the fiscal year in which their occupancy of the unit commenced and the unit continues to be rent restricted, notwithstanding an increase in the income of the occupants of the unit to 140% of area median income, adjusted for family size. This bill, for the 2022–23 fiscal year through the 2027–28 fiscal year, would require that a unit continue to be treated as occupied by a lower income household, as described above, if the owner is a community land trust whose land is leased to lowincome households, subject to a contract that complies with specified requirements.
AB 1322 (Rivas, Robert D) California Global Warming Solutions Act of 2006: aviation greenhouse gas emissions reduction plan.
Current Text: Vetoed: 9/28/2022 html pdf
Introduced: 2/19/2021
Status: 9/28/2022-Vetoed by Governor.
Location: Assembly Vetoed
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would require the State Air Resources Board, on or before July 1, 2024, to develop a plan, consistent with federal law, to reduce aviation greenhouse gas emissions and help the state reach its goal of net-zero greenhouse gas emissions by 2045, including a sustainable fuels target for the aviation sector of at least 20% by 2030. Contingent upon an appropriation, the bill would require the state board, on or before July 1, 2024, to commence implementation of the plan to achieve these goals.
AB 1445 (Levine D) Planning and zoning: regional housing need allocation: climate change impacts.
Current Text: Enrollment: 9/7/2022 html pdf
Introduced: 2/19/2021
Status: 9/7/2022-Enrolled and presented to the Governor at 4 p.m.
Location: Assembly Enrolled
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Planning and Zoning Law requires each county and city to adopt a comprehensive, longPage 2/20
term general plan for the physical development of the county or city, and specified land outside its boundaries, that includes, among other mandatory elements, a housing element. For the 4th and subsequent revisions of the housing element, existing law requires the Department of Housing and Community Development to determine the existing and projected need for housing for each region. Current law requires the appropriate council of governments, or the department for cities and counties without a council of governments, to adopt a final regional housing need plan that allocates a share of the regional housing need to each city, county, or city and county, as provided. Current law requires that the final regional housing plan adopted by a council of governments, or a delegate subregion, as applicable, be based on a methodology that includes specified factors, and similarly requires that the department take into consideration specified factors in distributing regional housing need, as provided. Commencing January 1, 2025, this bill would instead require a council of governments or a delegate subregion to consider including specified factors in developing the above-mentioned methodology.
AB 1551 (Santiago D) Planning and zoning: development bonuses: mixed-use projects.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/19/2021
Status: 9/28/2022-Signed by the Governor
Location: Assembly Chaptered
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law, commonly referred to as the Density Bonus Law, requires a city or county to provide a developer that proposes a housing development within the city or county with a density bonus and other incentives or concessions, as specified, if the developer agrees to construct specified percentages of units for lower income, very low income, or senior citizen housing, among other things, and meets other requirements. Previously law, until January 1, 2022, required a city, county, or city and county to grant a commercial developer a development bonus, as specified, when an applicant for approval of a commercial development had entered into an agreement for partnered housing with an affordable housing developer to contribute affordable housing through a joint project or 2 separate projects encompassing affordable housing. This bill would reenact the above-described provisions regarding the granting of development bonuses to certain projects. The bill would require a city or county to annually submit to the Department of Housing and Community Development information describing an approved commercial development bonus.
The bill would repeal these provisions on January 1, 2028.
AB 1654 (Rivas, Robert D) Low-income housing: insurance tax: income tax: credits: farmworker housing.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 1/14/2022
Status: 9/28/2022-Signed by the Governor
Location: Assembly Chaptered
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law requires the Department of Housing and Community Development to develop and publish specified reports, including an annual report containing specified information on the operations and accomplishments during the previous fiscal year of the housing programs administered by the department.
This bill would additionally require the department to commission a study of farmworker housing conditions, needs, and solutions. The bill would also require the department to develop a comprehensive strategy for meeting the housing needs of the state’s farmworkers based on that study. The bill would require the department to evaluate whether an update and revision of the comprehensive strategy is necessary, and would authorize the department to update and revise the comprehensive strategy at its discretion.
AB 1685 (Bryan D) Vehicles: parking violations.
Current Text: Enrollment: 9/12/2022 html pdf
Introduced: 1/24/2022
Status: 9/12/2022-Enrolled and presented to the Governor at 4 p.m.
Location: Assembly Enrolled
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law requires a processing agency to offer a payment plan for unpaid parking citations to qualified indigent persons. This bill would require a processing agency, if it seeks to collect an unpaid parking penalty by requesting the Department of Motor Vehicles to place a registration hold on the vehicle, to forgive at least $1,500 in parking fines and fees annually for a qualified homeless person, provide certain information regarding the parking citation forgiveness program, including on its internet website, and collect and have readily available specified information.
AB 1695 (Santiago D) Affordable housing loan and grant programs: adaptive reuse.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 1/25/2022
Status: 9/28/2022-Signed by the Governor
Location: Assembly Chaptered
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law establishes various programs and funding sources administered by the Department of Housing and Community Development to enable the development of affordable housing, including, among others, the Building Homes and Jobs Act, the Multifamily Housing Program, and the Housing for a Healthy California Program. This bill would provide that any notice of funding availability issued by the department for an affordable multifamily housing loan program shall state that adaptive reuse of a property for affordable housing purposes is an eligible activity. The bill would define “adaptive reuse” for these purposes to mean the retrofitting and repurposing of an existing building to create new residential units, as specified.
AB 1837 (Bonta, Mia D) Residential real property: foreclosure.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/7/2022
Status: 9/28/2022-Signed by the Governor
Location: Assembly Chaptered
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law prescribes various requirements to be satisfied before the exercise of a power of sale under a mortgage or deed of trust and prescribes a procedure for the exercise of that power. Current law authorizes a trustee, or their agent or successor in interest, upon the sale of property pursuant to a power of sale, to demand and receive from a beneficiary, or their agent or successor in interest, or deduct from the proceeds of the sale, specified reasonable costs and expenses that are actually incurred in enforcing the terms of the obligation and trustee’s or attorney’s fees. Current law, until January 1, 2026, requires a specified notice to tenants and prescribes a process in connection with a trustee’s sale of property under a power of sale contained in a deed of trust or mortgage on real property containing 1 to 4 residential units, inclusive. Under current law, if a prospective owner-occupant, as defined, is the last highest bidder, the date upon which specified conditions required of the bidder at the trustee sale to become final are met. Existing law requires the trustee to require the prospective owner-occupant to provide certain information confirming the owner-occupant’s status. Current law, until January 1, 2026, grants eligible tenant buyers, as defined, and other eligible bidders, as defined, certain rights and priorities to make bids on the property after the initial trustee sale, and potentially to purchase it as the last and highest bidder, subject to certain requirements and timelines, if a prospective owner-occupant is not the last highest bidder. Current law requires prospective owner-occupants, eligible tenant buyers, and other eligible bidders to submit affidavits or declarations under penalty of perjury in connection with this process. Current law, until January 1, 2026, for purposes of the exercise of a power of sale as described above, prohibits a trustee from bundling properties for the purpose of sale, instead requiring each property to be bid on separately, unless the deed of trust or mortgage provides otherwise. This bill would revise the process described above and extend its operation and the operation of the related provisions described above until January 1, 2031, and make conforming changes.
AB 1933 (Friedman D) Property taxation: welfare exemption: nonprofit corporation: low-income families.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/10/2022
Status: 9/28/2022-Signed by the Governor
Location: Assembly Chaptered
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current property tax law, in accordance with the California Constitution, provides for a “welfare exemption” for property used exclusively for religious, hospital, scientific, or charitable purposes and that is owned or operated by certain types of nonprofit entities, if certain qualifying criteria are met. Current property tax law states that property is within that welfare exemption if the property is owned and operated by a nonprofit corporation, otherwise qualifying for the welfare exemption, that is organized and operated for the specific and primary purpose of building and rehabilitating single or multifamily residences for sale at cost to low-income families, with financing in the form of a zero interest rate loan and without regard to religion, race, national origin, or the sex of the head of household. This bill would also provide, for lien dates occurring on or after January 1, 2023, and before January 1, 2028, that property is fully exempt from property
taxation and is also within that welfare exemption if that property is owned and operated by a nonprofit corporation, as described, that is organized and operated for the specific and primary purpose of building and rehabilitating single or multifamily residential units and the property has units that meet specified requirements. The bill would limit the exemption to the portion of the property proposed to be built or rehabilitated with units meeting the requirements and would limit, following completion of construction, the exemption to the portion of the property with units that meet the requirements, as specified.
AB 1978 (Ward D) Department of Housing and Community Development: powers.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/10/2022
Status: 9/28/2022-Signed by the Governor
Location: Assembly Chaptered
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law establishes the Department of Housing and Community Development and requires it to, among other things, administer various programs intended to fund the acquisition of property to develop or preserve affordable housing. This bill would authorize the department, in administering federally funded grant programs administered by the department, to (1) publish a notice of funding availability and application deadlines ahead of, and contingent upon, availability of funding, (2) issue funding to an award recipient up-front rather than as a reimbursement, and (3) provide technical assistance to applicants that meet program submission deadlines to correct technical errors or provide missing information. The bill would require the department to establish and publish on its internet website a tracking system for the programs it administers that provides the deadlines for each step of a program application.
AB 1991 (Gabriel D) Motels and hotels: publicly funded shelter programs.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/10/2022
Status: 9/28/2022-Signed by the Governor
Location: Assembly Chaptered
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law regulates the terms and conditions of tenancies and defines the term “persons who hire” for the purpose of regulating residential tenancies. Current law excludes from these provisions, among other things, occupancy at a hotel or motel if certain conditions are met. This bill would provide that the continued occupancy of a shelter program participant, as defined, in a motel or hotel does not constitute a new tenancy and is not considered a “person who hires” for purposes of an unlawful detainer action if the shelter program meets the core components of Housing First, as defined, and specified requirements related to termination policies and grievance processes. The bill would define “shelter program participant” as an occupant of a motel or hotel, as defined, who participates in specified city-, county-, continuum of care-, state-, or federally funded shelter, interim housing, motel voucher, or emergency shelter programs.
AB 2011 (Wicks D) Affordable Housing and High Road Jobs Act of 2022.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/14/2022
Status: 9/28/2022-Signed by the Governor
Location: Assembly Chaptered
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would create the Affordable Housing and High Road Jobs Act of 2022, which would authorize a development proponent to submit an application for a housing development that meets specified objective standards and affordability and site criteria, including being located within a zone where office, retail, or parking are a principally permitted use, and would make the development a use by right and subject to one of 2 streamlined, ministerial review processes. The bill would require a development proponent for a housing development project approved pursuant to the streamlined, ministerial review process to require, in contracts with construction contractors, that certain wage and labor standards will be met, including a requirement that all construction workers be paid at least the general prevailing rate of wages, as specified.
The bill would require a development proponent to certify to the local government that those standards will be met in project construction. By expanding the crime of perjury, the bill would impose a state-mandated local program.
AB 2094 (Rivas, Robert D) General plan: annual report: extremely low-income housing.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/14/2022
Status: 9/28/2022-Signed by the Governor
Location: Assembly Chaptered
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Current law requires the planning agency of a city or county to provide an annual report to certain specified entities by April 1 of each year that includes, among other information, the city or county’s progress in meeting its share of regional housing needs and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing, as specified. This bill would additionally require a city or county’s annual report to include the locality’s progress in meeting the housing needs of extremely low income households, as specified.
AB 2097 (Friedman D) Residential, commercial, or other development types: parking requirements.
Current Text: Chaptered: 9/22/2022 html pdf
Introduced: 2/14/2022
Status: 9/22/2022-Approved by the Governor. Chaptered by Secretary of State - Chapter 459, Statutes of 2022.
Location: Assembly Chaptered
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Planning and Zoning Law requires each county and city to adopt a comprehensive, longterm general plan for its physical development, and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a land use element, and a conservation element. Current law also authorizes the legislative body of a city or a county to adopt ordinances establishing requirements for parking, and permits variances to be granted from the parking requirements of a zoning ordinance for nonresidential development if the variance will be an incentive to the development and the variance will facilitate access to the development by patrons of public transit facilities. This bill would prohibit a public agency from imposing any minimum automobile parking requirement on any residential, commercial, or other development project, as defined, that is located within 1/2 mile of public transit, as defined. The bill, notwithstanding the above-described prohibition, would authorize a city, county, or city and county to impose or enforce minimum automobile parking requirements on a housing development project if the public agency makes written findings, within 30 days of the receipt of a completed application, that not imposing or enforcing minimum automobile parking requirements on the development would have a substantially negative impact, supported by a preponderance of the evidence in the record, on the public agency’s ability to meet its share of specified housing needs or existing residential or commercial parking within 1/2 mile of the housing development.
AB 2170 (Grayson D) Residential real property: foreclosure sales.
Current Text: Enrolled: 8/26/2022 html pdf
Introduced: 2/15/2022
Status: 8/31/2022-Enrolled and presented to the Governor at 4 p.m.
Location: Assembly Enrolled
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law prescribes various requirements to be satisfied before the exercise of a power of sale under a mortgage or deed of trust and prescribes a procedure for the exercise of that power. Current law, until January 1, 2026, prescribes a process in connection with a trustee’s sale of property under a power of sale contained in a deed of trust or mortgage on real property containing one to 4 residential units, inclusive, that provides specified bidding priorities to certain parties, including prospective owner-occupants.
This bill would prescribe requirements that would apply to sales of real property containing one to 4 residential dwelling units, inclusive, that is acquired through foreclosure under a mortgage or deed of trust by an institution or that is acquired at a foreclosure sale by an institution, as defined. The bill would require the institution, during the first 30 days after a property is listed, as specified, to only accept offers from eligible bidders, as defined, and to respond, in writing, to all offers received from eligible bidders before considering any other offers.
AB 2188 (Quirk D) Discrimination in employment: use of cannabis.
Current Text: Chaptered: 9/18/2022 html pdf
Introduced: 2/15/2022
Status: 9/18/2022-Approved by the Governor. Chaptered by Secretary of State - Chapter 392, Statutes of 2022.
Location: Assembly Chaptered
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would, on and after January 1, 2024, make it unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalize a person, if the discrimination is based upon the person’s use of cannabis off the job and away from the workplace, except for preemployment drug screening, as specified, or upon an employer-required drug screening test that has found the person to have nonpsychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids. The bill would exempt certain applicants and employees from the bill’s provisions, including employees in the building and construction trades and applicants and employees in positions requiring a federal background investigation or clearance, as specified. The bill would specify that the bill does not preempt state or federal laws requiring applicants or employees to be tested for controlled substances as a condition of employment, receiving federal funding or federal licensing-related benefits, or entering into a federal contract.
AB 2217 (Reyes D) CalHome Program: grant allocation.
Current Text: Chaptered: 8/29/2022 html pdf
Introduced: 2/15/2022
Status: 8/29/2022-Approved by the Governor. Chaptered by Secretary of State - Chapter 207, Statutes of 2022.
Location: Assembly Chaptered
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law establishes the CalHome Program, administered by the Department of Housing and Community Development, to support existing home ownership programs aimed at lower and very low income households, among other purposes. Under the CalHome program, the department issues grants and loans to local public agencies and nonprofit corporations for specified purposes, including the construction of home ownership units. This bill would require the department to consider setting higher per-unit and total project allocations based on local development costs when appropriate. The bill would also require the department to consider adjustments to the maximum unit and project allocations for each new round of funding.
AB 2221 (Quirk-Silva D) Accessory dwelling units.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/15/2022
Status: 9/28/2022-Signed by the Governor
Location: Assembly Chaptered
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Planning and Zoning Law, among other things, provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions. Current law requires a local ordinance to require an accessory dwelling unit to be either attached to, or located within, the proposed or existing primary dwelling, as specified, or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.This bill would specify that an accessory dwelling unit that is detached from the proposed or existing primary dwelling may include a detached garage.
AB 2230 (Gipson D) CalWORKs: temporary shelter and permanent housing benefits.
Current Text: Vetoed: 9/22/2022 html pdf
Introduced: 2/15/2022
Status: 9/22/2022-Vetoed by Governor.
Location: Assembly Vetoed
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Under current law, homeless assistance is available to a family that is homeless and seeking shelter when the family is eligible for aid under the CalWORKs program. Under current law, a nonrecurring special needs benefit of $85 per day is available to families of up to 4 members for the costs of temporary shelter, and the 5th and additional members of the family each receive $15 per day, up to a daily maximum of $145, as specified. Current law requires the temporary shelter special needs benefit to be granted or denied the same day that the family’s application for homeless assistance is submitted. Current law authorizes the temporary shelter benefit for an initial period of up to 3 working days, and then, after homelessness has been verified, the 3-day limit is extended for a period of time that does not exceed a total of 16 calendar days, as specified. Current law requires the extension of benefits to be done in increments of
one week and to be based upon documentation that the family is searching for permanent housing, good cause, or other circumstances defined by the department. This bill, instead, would require the family, if the special needs benefit is granted, to receive the benefits for 16 calendar days, in a one-time payment. The bill would repeal a related obsolete provision.
AB 2233 (Quirk-Silva D) Excess state land: development of affordable housing.
Current Text: Chaptered: 9/19/2022 html pdf
Introduced: 2/15/2022
Status: 9/19/2022-Approved by the Governor. Chaptered by Secretary of State - Chapter 438, Statutes of 2022.
Location: Assembly Chaptered
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Specifically, Executive Order No. N-06-19 (E.O. N-06-19) required the Department of General Services (DGS) to create a digitized inventory of excess state land no later than April 30, 2019, and required the DGS, the Department of Housing and Community Development (HCD), and the California Housing Finance Agency to collaborate to develop 2 new screening tools for prioritizing affordable housing development on excess state land no later than March 29, 2019. This bill would require the DGS to develop, in consultation with the HCD, no later than September 1, 2023, a set of criteria to consistently evaluate state-owned parcels for suitability as affordable housing sites. The bill would also require, on or before July 1, 2024, and every 4 years thereafter, the DGS to, among other things, conduct a review of all state-owned property and identify state-owned parcels that are potentially viable for affordable housing based on those criteria. The bill would require the DGS to update the digitized inventory created pursuant to E.O. N-06-19 of all excess state land, as defined, suitable for affordable housing identified by its review. The bill would require the DGS and the HCD to evaluate and update the 2 screening tools created pursuant to E.O. N-06-19.
AB 2234 (Rivas, Robert D) Planning and zoning: housing: postentitlement phase permits.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/15/2022
Status: 9/28/2022-Signed by the Governor
Location: Assembly Chaptered
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Housing Accountability Act, among other things, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, specified housing development projects, including projects for very low, low, or moderate-income households and projects for emergency shelters, that comply with applicable, objective general plan, zoning, and subdivision standards and criteria in effect at the time the application for the project is deemed complete, unless the local agency makes specified written findings supported by a preponderance of the evidence in the record. The act authorizes a project applicant, a person who would be eligible to apply for residency in the housing development or emergency shelter, or a housing organization to bring a lawsuit to enforce its provisions. This bill would require a local agency to compile a list of information needed to approve or deny a postentitlement phase permit, as defined, to post an example of a complete, approved application and an example of a complete set of postentitlement phase permits for at least 5 types of housing development projects, as defined, in the jurisdiction, as specified, and to make those items available to all applicants for these permits no later than January 1, 2024. The bill would define “local agency” for these purposes to mean a city, county, or city and county.
AB 2295 (Bloom D) Local educational agencies: housing development projects.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/16/2022
Status: 9/28/2022-Signed by the Governor
Location: Assembly Chaptered
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would deem a housing development project an allowable use on any real property owned by a local educational agency, as defined, if the housing development satisfies certain conditions, including other local objective zoning standards, objective subdivision standards, and objective design review standards, as described. The bill would deem a housing development that meets these requirements consistent, compliant, and in conformity with local development standards, zoning codes or maps, and the general plan. The bill, among other things, would authorize the land used for the development of the housing development to be jointly used or jointly occupied by the local educational agency and any other party, subject to specified requirements. The bill would exempt a housing development project subject to these provisions from various requirements regarding the disposal of surplus land. The bill would make these provisions effective on
January 1, 2024, except that the bill would require the Department of Housing and Community Development to provide a specified notice to the planning agency of each county and city on or before January 31, 2023.
The bill would repeal its provisions on January 1, 2033.
AB 2334 (Wicks D) Density Bonus Law: affordability: incentives or concessions in very low vehicle travel areas: parking standards: definitions.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/16/2022
Status: 9/28/2022-Signed by the Governor
Location: Assembly Chaptered
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Existing law, for developments where 100% of all units are for lower income households, except as provided, requires that rent for 20% of the units be set at an affordable rent and that rent for the remaining units be at an amount consistent with the maximum rent levels for a housing development that receives an allocation of state or federal low-income housing tax credits from the California Tax Credit Allocation Committee (CTCAC). Existing law, with respect to a for-sale unit that qualified the applicant for a density bonus, also requires that the local government enforce an equity sharing agreement, as provided, unless it is in conflict with the requirements of another public funding source or law. This bill, with respect to the affordability requirements applicable to 100% lower income developments, would instead require the rent for the remaining units in the development be set at an amount consistent with the maximum rent levels for lower income households, as those rents and incomes are determined by CTCAC. The bill, with regard to the enforcement of equity sharing agreements for for-sale units, would also permit the local government to defer to the recapture provisions of the public funding source. The bill would also make a technical change to the Density Bonus Law by deleting duplicative provisions relating to for-sale units subject to the abovedescribed provisions. This bill contains other related provisions and other existing laws.
AB 2339 (Bloom D) Housing element: emergency shelters: regional housing need.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/16/2022
Status: 9/28/2022-Signed by the Governor
Location: Assembly Chaptered
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: (1)The Planning and Zoning Law requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city that includes a housing element. Existing law requires that the housing element identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and make adequate provision for the existing and projected needs of all economic segments of a community. Existing law also requires that the housing element include an analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels. This bill would revise the requirements of the housing element, as described above, in connection with zoning designations that allow residential use, including mixed use, where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit. The bill would delete language regarding emergency shelter standards structured in relation to residential and commercial developments and instead require that emergency shelters only be subject to specified written, objective standards. The bill would specify that emergency shelters for purposes of these provisions include other interim intervention, including, but not limited to, navigation centers, bridge housing, and respite or recuperative care. This bill contains other related provisions and other existing laws.
AB 2483 (Maienschein D) Housing for individuals experiencing homelessness.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/17/2022
Status: 9/28/2022-Signed by the Governor
Location: Assembly Chaptered
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would require the Department of Housing and Community Development, by December 31, 2023, to award incentives, as specified, to Multifamily Housing Program project applicants that agree to set aside at least 20% of the project’s units, or no more than 50% of the projects units if the project includes more than 100 units, for individuals that are either experiencing homelessness, as defined, or eligible to receive specified services, including, among others, those received under the Program of All-Inclusive Care for the Elderly. The bill would also require the department to partner with the State Department of Health
Care Services to determine the most effective way to align qualifying services in housing projects funded by the Multifamily Housing Program. The bill would require the department to assess tenant outcomes and engage with an evaluator to identify specified information with respect to projects receiving incentives under these provisions, including the number and demographics, including age, race, or ethnicity, and presubsidy housing status, of people being served.
AB 2503 (Garcia, Cristina D) Landlords and tenants: California Law Revision Commission: study.
Current Text: Chaptered: 9/22/2022 html pdf
Introduced: 2/17/2022
Status: 9/22/2022-Approved by the Governor. Chaptered by Secretary of State - Chapter 462, Statutes of 2022.
Location: Assembly Chaptered
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would require the California Law Revision Commission to, on or before December 31, 2024, deliver to the Legislature a study regarding, among other things, the establishment of consistent terminology across the California codes to describe the parties to an agreement, lease, or other contract for the rental of residential real property, including in mobilehome parks, that meets certain criteria, specifically, among other things, that the study addresses whether the continued use of the terms “landlord” and “tenant,” including related terms including “cotenant” and “subtenant,” is useful and appropriate in code provisions that involve the rental of residential real property.
AB 2517 (Bonta, Mia D) California Coordinated Neighborhood and Community Services Grant Program.
Current Text: Vetoed: 9/27/2022 html pdf
Introduced: 2/17/2022
Status: 9/27/2022-Vetoed by the Governor
Location: Assembly Vetoed
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: This bill, the It Takes a Village Act of 2022, subject upon an appropriation in the annual Budget Act or another statute for these purposes, would establish the California Coordinated Neighborhood and Community Services Grant Program to be administered by the State Department of Social Services or another department within the California Health and Human Services Agency. The bill would require the department to grant awards on a competitive basis to eligible entities that are Promise Neighborhoods, other community-based networks, or multineighborhood regional cradle-to-career networks, as those terms are defined, to either implement a comprehensive, integrated continuum of cradle-to-career solutions at the neighborhood level or support the civic infrastructure and backbone of cradle-to-career networks that support their network partners to accomplish systems change. The bill would define “cradle-to-career” to mean a system of integrated services that begins before birth and leads to appropriate postsecondary success, including academic, occupational, and independent living, that benefits the individual and community as a whole.
AB 2651 (Petrie-Norris D) Property taxes: welfare exemption: community land trust.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/18/2022
Status: 9/28/2022-Signed by the Governor
Location: Assembly Chaptered
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current property tax law, in accordance with the California Constitution, provides for a “welfare exemption” for property used exclusively for religious, hospital, scientific, or charitable purposes and that is owned or operated by certain types of nonprofit entities, if certain qualifying criteria are met. Current law provides that property is within the welfare exemption if that property is owned by a community land trust, as defined, otherwise qualifying for the welfare exemption, and specified conditions are met, including that the property is being or will be developed or rehabilitated as housing, as specified. Current law requires the exemption to apply for 5 lien dates, as provided. Current law requires the community land trust to be liable for property tax for the years for which the property was exempt if the property was not developed or rehabilitated, or if the development or rehabilitation is not in the course of construction, within a specified timeframe, depending on when the community land trust acquired the property. Current law requires the community land trust to notify the assessor if property owned by the community land trust is not in the course of construction by these dates. Current law repeals these provisions on January 1, 2025. This bill would extend the operation of these provisions until January 1, 2027.
AB 2653 (Santiago D) Planning and Zoning Law: housing elements.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/18/2022
Status: 9/28/2022-Signed by the Governor
Location: Assembly Chaptered
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law, the Planning and Zoning Law, requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Current law requires the planning agency of a city or county to provide an annual report to the Department of Housing and Community Development by April 1 of each year that includes, among other information, a housing element portion that includes, as provided, the city or county’s progress in meeting its share of regional housing needs and local efforts to remove governmental constraints on the maintenance, improvement, and development of housing, as specified; the net number of new units of housing; and data from a sample of projects, selected by the planning agency, that were approved to receive a density bonus from the city or county.This bill would require the planning agency to additionally include in its annual report the number of all new housing units, the number of housing units demolished, and data from all projects approved to receive a density bonus from the city or county, as specified.
AB 2663 (Ramos D) Youth Acceptance Project.
Current Text: Vetoed: 9/19/2022 html pdf
Introduced: 2/18/2022
Status: 9/19/2022-Vetoed by Governor.
Location: Assembly Vetoed
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would, on or before July 1, 2023, require the State Department of Social Services to establish a 5-year pilot program, the Youth Acceptance Project (YAP), in order to increase permanency outcomes for lesbian, gay, bisexual, transgender, queer, or plus (LGBTQ+) and gender-expansive youth, as defined, in up to 5 counties, to be selected to participate on a voluntary basis in the pilot program, as specified. The bill would set forth qualifying conditions for YAP services, including the youth’s receipt of child welfare services or being at risk of entering foster care, or being homeless or at risk of homelessness.
AB 2668 (Grayson D) Planning and zoning.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/18/2022
Status: 9/28/2022-Signed by the Governor
Location: Assembly Chaptered
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Planning and Zoning Law, until January 1, 2026, authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit, if the development satisfies specified objective planning standards. Current law specifies that a development is consistent with the objective planning standards if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. This bill would clarify that a development subject to these provisions is subject to a streamlined, ministerial approval process, and not subject to a conditional use permit or any other nonlegislative discretionary approval. The bill would specify that a local government is required to approve a development if it determines that the development is consistent with objective planning standards, as specified.
AB 2817 (Reyes D) House California Challenge Program.
Current Text: Vetoed: 9/28/2022 html pdf
Introduced: 2/18/2022
Status: 9/28/2022-Vetoed by Governor.
Location: Assembly Vetoed
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would, upon appropriation of funds by the Legislature, establish the House California Challenge Program, to be administered by the Department of Housing and Community Development, in partnership with the California Health and Human Services Agency, for the purpose of providing direct rental assistance
to help persons who are experiencing homelessness obtain housing. The bill would require the department, upon appropriation of those funds by the Legislature, to allocate $1,000,000,000 for purposes of the program each fiscal year for 5 years, beginning with the 2022–23 fiscal year. The bill would require 10% of the funds to be awarded as grants to recipients, as defined, for the purpose of helping participants locate and obtain permanent housing and would require 80% of the funds to be allocated by the department for specified uses, including long-term rental assistance, master leasing of units, and short-term funds for prevention, self-resolution, and diversion services, as specified. The bill would authorize up to 10% of the funds to be used for administrative costs. Under the bill, and to the extent allowable under federal law, any assistance, services, or supports received pursuant to the program would not be considered income or a resource of the participant for purposes of determining eligibility for, or benefits pursuant to, any public assistance program.
AB 2873 (Jones-Sawyer D) California Tax Credit Allocation Committee: low-income housing credit:
women, minority, disabled veteran, and LGBT business enterprises.
Current Text: Chaptered: 9/13/2022 html pdf
Introduced: 2/18/2022
Status: 9/13/2022-Approved by the Governor. Chaptered by Secretary of State - Chapter 316, Statutes of 2022.
Location: Assembly Chaptered
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The California Tax Credit Allocation Committee administers the federal and state low-income housing tax credit programs. Current law requires the committee to allocate the housing credit on a specified regular basis, and to only allocate credits to a project if the housing sponsor enters into a specified regulatory agreement. Current law authorizes the committee to make any allocation or reservation of the state’s housing credit ceiling to a housing credit applicant subject to specified terms and conditions. This bill would require a housing sponsor that receives a credit allocation on or after January 1, 2024, and that has completed 5 or more housing projects by January 1, 2023, or that has received an annual low-income housing tax credit allocation of $1,000,000 or more, to annually submit a report to the committee, in a form and at the time designated by the committee, that includes, among other things, a detailed and verifiable supplier and contractor plan for increasing procurement from women, minority, disabled veteran, and LGBT business enterprises, as defined, and short- and long-term diversity goals and timetables. The bill would require a housing sponsor that has not completed 5 or more housing projects by January 1 2023, or has not received an annual low-income housing tax credit allocation of $1,000,000 or more to comply with the plan and reporting requirements in the year following the commencement of construction on their 5th housing project for which the housing sponsor has received public money or in the year following the receipt of an annual low-income housing tax credit allocation of $1,000,000 or more.
SB 6 (Caballero D) Local planning: housing: commercial zones.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 12/7/2020
Status: 9/28/2022-Signed by the Governor
Location: Senate Chaptered
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Planning and Zoning Law requires each county and city to adopt a comprehensive, longterm general plan for its physical development, and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a housing element. Current law requires that the housing element include, among other things, an inventory of land suitable and available for residential development.
If the inventory of sites does not identify adequate sites to accommodate the need for groups of all households pursuant to specified law, existing law requires the local government to rezone sites within specified time periods and that this rezoning accommodate 100% of the need for housing for very low and low-income households on sites that will be zoned to permit owner-occupied and rental multifamily residential use by right for specified developments. This bill, the Middle Class Housing Act of 2022, would deem a housing development project, as defined, an allowable use on a parcel that is within a zone where office, retail, or parking are a principally permitted use, if specified conditions are met, including requirements relating to density, public notice, comment, hearing, or other procedures, site location and size, consistency with sustainable community strategy or alternative plans, prevailing wage, and a skilled and trained workforce.
SB 45 (Portantino D) Short-lived climate pollutants: organic waste reduction goals: local jurisdiction assistance.
Current Text: Chaptered: 9/19/2022 html pdf
Introduced: 12/7/2020
Status: 9/19/2022-Approved by the Governor. Chaptered by Secretary of State. Chapter 445, Statutes of 2022.
Location: Senate Chaptered
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law requires the Department of Resources Recycling and Recovery, in consultation with the State Air Resources Board, to adopt regulations to achieve the organic waste reduction goals established by the state board for 2020 and 2025, as provided. Current law requires the department, no later than July 1, 2020, and in consultation with the state board, to analyze the progress that the waste sector, state government, and local governments have made in achieving these organic waste reduction goals. Current law authorizes the department, if it determines that significant progress has not been made toward achieving the organic waste reduction goals established by the state board, to include incentives or additional requirements in its regulations to facilitate progress towards achieving the goals. This bill would require the department, in consultation with the state board, to assist local jurisdictions in complying with these provisions, including any regulations adopted by the department.
SB 57 (Wiener D) Controlled substances: overdose prevention program.
Current Text: Vetoed: 8/22/2022 html pdf
Introduced: 12/7/2020
Status: 8/22/2022-Vetoed by the Governor. In Senate. Consideration of Governor's item veto pending.
Location: Senate Vetoed
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would, until January 1, 2028, authorize the City and County of San Francisco, the County of Los Angeles, the City of Los Angeles, and the City of Oakland to approve entities to operate overdose prevention programs for persons that satisfy specified requirements, including, among other things, providing a hygienic space supervised by trained staff where people who use drugs can consume pre-obtained drugs, providing sterile consumption supplies, providing access or referrals to substance use disorder treatment, and that program staff be authorized and trained to provide emergency administration of an opioid antagonist, as defined by existing law. The bill would require the City and County of San Francisco, the County of Los Angeles, the City of Los Angeles, and the City of Oakland, prior to authorizing an overdose prevention program in its jurisdiction, to provide local law enforcement officials, local public health officials, and the public with an opportunity to comment in a public meeting. The bill would require an entity operating a program to provide an annual report to the city or the city and county, as specified. The bill would require all local jurisdictions that choose to participate in the overdose prevention program to confer and choose a single independent entity, as specified, to conduct a peer-reviewed study, funded by the participating jurisdictions, of the statewide efficacy of the overdose prevention programs and the community impacts of the programs, to be submitted to the Legislature and the Governor’s office on or before January 15, 2027.
SB 490 (Caballero D) The Buy American Food Act: public institutions: purchase of nondomestic agricultural food products.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/17/2021
Status: 9/27/2022-Approved by the Governor. Chaptered by Secretary of State. Chapter 602, Statutes of 2022.
Location: Senate Chaptered
Calendar:
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would enact the Buy American Food Act to require public institutions, as defined, that receive federal meal reimbursement funding to provide prepared meals and that solicit bids for the purchase of agricultural food products, as defined, to include in their solicitation for bids and contracts that only the purchase of agricultural food products grown, packed, or processed domestically is authorized, unless the bid or price of the nondomestic agricultural food product is more than 25% lower than the bid or price of the domestic agricultural food product, the quality of the domestic agricultural food product is inferior to the quality of the agricultural food product grown, packed, or produced nondomestically, or the agricultural food product is not produced or manufactured domestically in sufficient and reasonably available quantities of a satisfactory quality to meet the needs of the public institution. The bill would exempt local educational agencies with annual federal meal reimbursement funding of less than $1,000,000 from these provisions.
The bill would require the public institution to retain documentation relating to the purchase of agricultural food products for 3 years and to make that documentation available to the public upon request. The bill would provide that the bill’s provisions neither limit nor expand California’s obligations under the Agreement on Government Procurement of the World Trade Organization. The bill would provide that these provisions do not apply to the Child and Adult Care Food Program, the Summer Food Service Program, the Department of Corrections and Rehabilitation, or to agricultural food products purchased by or provided to a public institution
through the United States Department of Agriculture.
SB 561 (Dodd D) State surplus property: digital inventory: affordable housing.
Current Text: Chaptered: 9/19/2022 html pdf
Introduced: 2/18/2021
Status: 9/19/2022-Approved by the Governor. Chaptered by Secretary of State. Chapter 446, Statutes of 2022.
Location: Senate Chaptered
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would require the Department of General Services to, by September 1, 2023, develop criteria to evaluate the suitability of state-owned parcels to be used for affordable housing, in consultation with the Department of Housing and Community Development. The bill would require the Department of General Services to conduct a comprehensive survey of all state-owned parcels using that criteria by July 1, 2024, and every 4 years thereafter. The bill would require the department to update its digitized inventory of all state-owned parcels that are in excess of the state’s foreseeable needs and suitable for affordable housing development, as specified.
SB 649 (Cortese D) Local governments: affordable housing: local tenant preference.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/19/2021
Status: 9/28/2022-Signed by the Governor
Location: Senate Chaptered
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would provide that, to the extent feasible and consistent with other laws, the low-income housing tax credit program and tax-exempt bonds for qualified residential rental property used for affordable housing may be used to support access to housing that would allow households facing or at risk of displacement to remain in the community. The bill would specify that a local tenant preference adopted pursuant to the bill’s provisions is subject to the duty of public agencies to affirmatively further fair housing, as specified. The bill would require any local government adopting a local tenant preference policy to create a webpage on its internet website containing the ordinance and its supporting materials, and to annually submit a link to its tenant preference webpage to the Department of Housing and Community Development.
The bill would require the department to post on its internet website a list of jurisdictions that have tenant preference policies. The bill would repeal these provisions on January 1, 2033.
SB 679 (Kamlager D) Los Angeles County: affordable housing.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/19/2021
Status: 9/28/2022-Signed by the Governor
Location: Senate Chaptered
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The San Francisco Bay Area Regional Housing Finance Act establishes the Bay Area Housing Finance Authority to raise, administer, and allocate funding for affordable housing in the San Francisco Bay area, as defined, and provide technical assistance at a regional level for tenant protection, affordable housing preservation, and new affordable housing production. This bill, the Los Angeles County Regional Housing Finance Act, would establish the Los Angeles County Affordable Housing Solutions Agency and would state that the agency’s purpose is to increase the supply of affordable housing in Los Angeles County by providing for significantly enhanced funding and technical assistance at a regional level for renter protections, affordable housing preservation, and new affordable housing production, as specified. The bill would require a board composed of 21 voting members and one nonvoting member from Los Angeles County, as specified, to govern the agency.
SB 852 (Dodd D) Climate resilience districts: formation: funding mechanisms.
Current Text: Chaptered: 9/9/2022 html pdf
Introduced: 1/18/2022
Status: 9/9/2022-Approved by the Governor. Chaptered by Secretary of State. Chapter 266, Statutes of 2022.
Location: Senate Chaptered
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law authorizes the legislative body of a city or a county to establish an enhanced infrastructure financing district to finance public capital facilities or other specified projects of communitywide significance, including projects that enable communities to adapt to the impacts of climate change. Current law also requires the legislative body to establish a public financing authority, defined as the governing board of the enhanced infrastructure financing district, prior to the adoption of a resolution to form an enhanced infrastructure district and adopt an infrastructure financing plan. This bill would authorize a city, county, city and county, special district, or a combination of any of those entities to form a climate resilience district, as defined, for the purposes of raising and allocating funding for eligible projects and the operating expenses of eligible projects. The bill would deem each district to be an enhanced infrastructure financing district and would require each district to comply with existing law concerning enhanced infrastructure financing districts, except as specified. The bill would require a district to finance only specified projects that meet the definition of an eligible project. The bill would define “eligible project” to mean projects that address sea level rise, extreme heat, extreme cold, the risk of wildfire, drought, and the risk of flooding, as specified.
SB 869 (Leyva D) Housing: mobilehome parks: recreational vehicle parks: manager training.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 1/24/2022
Status: 9/28/2022-Signed by the Governor
Location: Senate Chaptered
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law establishes a director of the Department of Housing and Community Development and authorizes them to perform all duties, exercise all powers, discharge all responsibility, and administer and enforce all laws, rules, and regulations under the jurisdiction of the department, among other duties.This bill would require the Department of Housing and Community Development, by May 1, 2025, to adopt regulations to require at least one person per mobilehome park or recreational vehicle park employed or acting under contract as an onsite manager or assistant manager, or otherwise acting in an onsite or offsite managerial capacity or role, on behalf of a mobilehome park or recreational vehicle park to receive training, as specified. The bill would require the training to be at least 6 hours, and no more than 8 hours, during the initial year and would require an online end-of-year examination to occur, as specified. The bill would require, every 2 years thereafter, a training of at least 2 hours, and no more than 4 hours, on rules and regulations for the park, among other matters. The bill would require the director of the department to permit a third-party provider to offer the training, as specified. Once permitted, the bill would require the director to review the training curriculum and materials of the permitted third-party provider every 2 years for compliance with the provisions of this bill. The bill would require the department to adopt regulations for the qualification and disqualification of third-party providers, as specified. The bill would require the department to adopt these regulations by May 1, 2025.
SB 886 (Wiener D) California Environmental Quality Act: exemption: public universities: university housing development projects.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 1/27/2022
Status: 9/28/2022-Signed by the Governor
Location: Senate Chaptered
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would, until January 1, 2030, exempt from CEQA a university housing development project, as defined, carried out by a public university, as defined, on real property owned by the public university if the project meets certain requirements, including that each building within the project is certified as Leadership in Energy and Environmental Design (LEED) platinum or better by the United States Green Building Council, that the project’s construction impacts are fully mitigated, and that the project is not located, in whole or in part, on certain types of sites, including a site that is within a special flood hazard area subject to inundation by a 1% annual chance flood or within a regulatory floodway as determined by the Federal Emergency Management Agency, as provided. The bill, with respect to a site that is within a special flood hazard area subject to inundation by a 1% annual chance flood or within a regulatory floodway, would prohibit a local government from denying an application on the basis that a public university did not comply with any additional permit requirement, standard, or action adopted by that local government applicable to the site if the public university is able to satisfy all applicable federal qualifying criteria in order to demonstrate that the site meets these criteria and is otherwise eligible to be exempt from CEQA pursuant to the above requirements. By imposing additional duties on local governments, this bill would impose a state-mandated local program.
SB 896 (Dodd D) Wildfires: defensible space: grant programs: local governments.
Current Text: Chaptered: 8/29/2022 html pdf
Introduced: 2/1/2022
Status: 8/29/2022-Approved by the Governor. Chaptered by Secretary of State. Chapter 222, Statutes of 2022.
Location: Senate Chaptered
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law requires the Director of Forestry and Fire Protection to establish a statewide program to allow qualified entities, including counties and other political subdivisions of the state, to support and augment the Department of Forestry and Fire Protection in its defensible space and home hardening assessment and education efforts. Current law requires the director to establish a common reporting platform that allows defensible space and home hardening assessment data, collected by the qualified entities, to be reported to the department. This bill would require any local governmental entity that is qualified to conduct these defensible space assessments in very high and high fire hazard severity zones, as specified, and that reports that information to the department, to report that information using the common reporting platform. The bill would require the department, on December 31, 2023, and annually thereafter, to report to the Legislature all defensible space data collected through the common reporting platform, as provided.
SB 897 (Wieckowski D) Accessory dwelling units: junior accessory dwelling units.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/1/2022
Status: 9/28/2022-Signed by the Governor
Location: Senate Chaptered
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law authorizes a local agency to impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, and maximum size of a unit. This bill would require that the standards imposed on accessory dwelling units be objective. For purposes of this requirement, the bill would define “objective standard” as a standard that involves no personal or subjective judgment by a public official and is uniformly verifiable, as specified. The bill would also prohibit a local agency from denying an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.
SB 914 (Rubio D) HELP Act.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/2/2022
Status: 9/28/2022-Signed by the Governor
Location: Senate Chaptered
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would require cities, counties, and continuums of care receiving state funding to address homelessness, on or after January 1, 2024, to include families, people fleeing or attempting to flee domestic violence, and unaccompanied women within the vulnerable populations for whom specific system supports are developed to maintain homeless services and housing delivery. The bill would also impose other homelessness planning and data analysis requirements on these cities, counties, and continuums of care.
The bill would prohibit victim service providers, as defined, from being required or expected to enter clientlevel data into specified homeless data systems and would permit any funding provided to cities, counties, and continuums of care, consistent with authorized program uses and limitations, to be used to support the development and the maintenance of comparable databases, as specified.
SB 940 (Laird D) Mobilehome parks: local ordinances.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/8/2022
Status: 9/28/2022-Signed by the Governor
Location: Senate Chaptered
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Mobilehome Residency Law, prescribes various terms and conditions of tenancies in
mobilehome parks. Current law exempts new construction, defined as spaces initially held out for rent after January 1, 1990, from any ordinance, rule, regulation, or initiative measure adopted by a city or county, that establishes a maximum amount that a landlord may charge a tenant for rent. This bill would specify that a mobilehome park space shall be considered “initially held out for rent” on the date of issuance of a permit or certificate of occupancy for that space, as specified. The bill would define “new mobilehome park construction” to mean all spaces contained in a newly constructed mobilehome park for which a permit to operate is first issued on or after January 1, 2023, as specified. The bill would limit the above-described exemption for new construction to a period of 15 years from the date upon which the space is initially held out for rent.
SB 948 (Becker D) Housing finance programs: development reserves.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/9/2022
Status: 9/28/2022-Signed by the Governor
Location: Senate Chaptered
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law establishes various programs and funding sources administered by the Department of Housing and Community Development to enable the development of affordable housing, including the Building Homes and Jobs Act, the Multifamily Housing Program, the Housing for a Healthy California Program, and the Veterans Housing and Homeless Prevention Act of 2014. Under current law governing the State Community Development Block Grant Program, the department is required to distribute funds made available under the program in order to provide decent housing, a suitable living environment, and expand economic opportunities, consistent with federal requirements. Current federal law also establishes the HOME Investment Partnership Program to, among other things, expand the supply of affordable housing. Current law designates the department as the state agency responsible for administering the HOME Investment Partnership Act. This bill would prohibit the department from requiring a project-specific transition reserve, as defined, for any unit subject to a qualified project rental or operating subsidy. This bill would create the Pooled Transition Reserve Fund and would continuously appropriate moneys in that fund to the department for the purpose of establishing and maintaining a pooled transition reserve, as defined. This bill would prescribe the sources from which the fund may receive moneys, and would make a transfer of $5,000,000 to the Pooled Transition Reserve Fund from the Housing Rehabilitation Loan Fund.
SB 971 (Newman D) Housing: household pets.
Current Text: Chaptered: 9/2/2022 html pdf
Introduced: 2/10/2022
Status: 9/2/2022-Approved by the Governor. Chaptered by Secretary of State. Chapter 241, Statutes of 2022.
Location: Senate Chaptered
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would require any housing development that is financed on or after January 1, 2023, pursuant to the Zenovich-Moscone-Chacon Housing and Home Finance Act or by any moneys administered or otherwise provided by the Department of Housing and Community Development, or that is the basis for the receipt, on or after January 1, 2023, of any low-income housing tax credit, as described, to authorize a resident of the housing development to own or otherwise maintain one or more common household pets, as defined, within the resident’s dwelling unit, subject to applicable state laws and local government ordinances related to public health, animal control, and animal anticruelty and other reasonable conditions, as defined.
The bill would, among other things, prohibit the imposition of a monthly fee for the ownership or maintenance of a common household pet in these housing developments.
SB 1083 (Skinner D) CalWORKs: pregnancy and homeless assistance.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/15/2022
Status: 9/28/2022-Signed by the Governor
Location: Senate Chaptered
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals. Current law requires $47 per month to be paid to a pregnant person qualified for CalWORKs aid to meet special needs resulting from pregnancy, and requires county human services agencies to refer all these recipients of aid to a local provider of the California Special Supplemental Nutrition Program
for Women, Infants, and Children. This bill would, among other things, commencing October 1, 2023, also require county human services agencies to refer those recipients to perinatal home visiting services administered by county public health agencies, county human services agencies, or applicable county home visiting providers.
SB 1252 (Committee on Housing) Housing.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/17/2022
Status: 9/28/2022-Signed by the Governor
Location: Senate Chaptered
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Davis-Stirling Common Interest Development Act defines and regulates common interest developments. Current law requires an association to distribute specified annual reports to its members, to solicit members’ delivery preference for notices from the association, and to record the collected preferences at least 30 days before distributing the annual budget report. This bill would require an association to record the collected preferences at least 30 days before distributing the annual budget report and the annual policy statement.
SB 1307 (Rubio D) Department of Housing and Community Development: Mobilehome Parks Act:
Special Occupancy Parks Act.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/18/2022
Status: 9/28/2022-Signed by the Governor
Location: Senate Chaptered
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Mobilehome Parks Act establishes requirements for the construction, maintenance, occupancy, use, and design of mobilehome parks and requires the Department of Housing and Community Development to enforce the act. The Special Occupancy Parks Act establishes requirements for the construction, maintenance, occupancy, use, and design of special occupancy parks and requires the department to enforce the act. Current law authorizes a city, county, or city and county to assume responsibility for the enforcement of the Mobilehome Parks Act, the Special Occupancy Parks Act, and the regulations adopted pursuant to those acts, following approval by the department for the assumption, as specified. This bill would require the department to post an explanation of the process for a city, county, or city and county to assume the enforcement responsibilities pursuant to the acts described above, on its internet website, in multiple languages.
SB 1396 (Bradford D) Tenancy: credit reporting: lower income households: evaluation.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/18/2022
Status: 9/28/2022-Signed by the Governor
Location: Senate Chaptered
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law, beginning July 1, 2021, and until July 1, 2025, requires a landlord of an assisted housing development, as defined, to offer tenants obligated on the lease of units in the development the option of having their rental payments reported to at least one consumer reporting agency. Current law authorizes a landlord to charge a tenant that elects to have rent reported and prescribes requirements regarding how the offer of rent reporting is to be made. This bill would require an independent evaluator, upon appropriation by the Legislature for this purpose, to be selected by the Department of Financial Protection and Innovation and to be responsible for conducting an evaluation on the impact of rental payment reporting in this state, as prescribed. The bill would require the evaluator to be chosen through a competitive process to be completed on or before March 1, 2024. The bill would require the evaluator to create a report based on the evaluation described above that contains certain information, including the estimated percentage of assisted housing developments in compliance with this provision and the number of participating tenants.
SB 1421 (Jones R) California Interagency Council on Homelessness.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/18/2022
Status: 9/28/2022-Signed by the Governor
Location: Senate Chaptered
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law requires the Governor to establish the California Interagency Council on Homelessness, and requires the council to, among other things, identify mainstream resources, benefits, and services that can be accessed to prevent and end homelessness in California and promote systems integration to increase efficiency and effectiveness to address the needs of people experiencing homelessness. Current law requires the council to seek guidance from an advisory committee that includes, among others, a survivor of gender-based violence who formerly experienced homelessness. This bill would add a current or formerly homeless person with a developmental disability to the advisory committee.
SB 1444 (Allen D) Joint powers authorities: South Bay Regional Housing Trust.
Current Text: Chaptered: 9/28/2022 html pdf
Introduced: 2/18/2022
Status: 9/28/2022-Signed by the Governor
Location: Senate Chaptered
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Joint Exercise of Powers Act authorizes 2 or more public agencies, by agreement, to form a joint powers authority to exercise any power common to the contracting parties, as specified. The act authorizes the agreement to set forth the manner by which the joint powers authority will be governed. The act specifically authorizes the establishment of specified joint powers authorities, including the San Gabriel Valley Regional Housing Trust, for the purposes of funding housing specifically assisting the homeless population and persons and families of extremely low, very low, and low income, as specified. This bill would similarly authorize the establishment of the South Bay Regional Housing Trust, a joint powers authority, by the County of Los Angeles and any or all of the cities within the jurisdiction of the South Bay Cities Council of Governments, with the stated purpose of funding housing to assist the homeless population and persons and families of extremely low, very low, and low income within the South Bay. The bill would authorize the South Bay Regional Housing Trust to fund the planning and construction of housing, receive public and private financing and funds, and authorize and issue bonds.
SB 1446 (Stern D) Behavioral health-related treatment, housing that heals, and other services or supports.
Current Text: Vetoed: 9/28/2022 html pdf
Introduced: 2/18/2022
Status: 9/27/2022-Vetoed by the Governor. In Senate. Consideration of Governor's veto pending.
Location: Senate Vetoed
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would declare that it is the public policy of the state that the State Department of Health Care Services when revising, adopting, or establishing policies, regulations, or grant program criteria relating to access to behavioral health-related treatment, housing that heals, or other services or supports, are required to ensure that any individual with a severe behavioral health disorder who, as a result, lacks supportive housing and behavioral health services and is otherwise not living safely in the community receives an individualized, clinically appropriate range of behavioral health-related treatment, housing that heals, as defined, and other services or supports. The bill would specify that these provisions do not expand any obligation of the state or other entities to provide access to services or supports beyond requiring the department to consider the state policy, as specified.
SCA 2 (Allen D) Public housing projects.
Current Text: Chaptered: 9/13/2022 html pdf
Introduced: 12/7/2020
Status: 9/13/2022-Chaptered by Secretary of State- Chapter 182, Statutes of 2022.
Location: Senate Chaptered
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The California Constitution prohibits the development, construction, or acquisition of a low-rent housing project, as defined, in any manner by any state public body until a majority of the qualified electors of the city, town, or county in which the development, construction, or acquisition of the low-rent housing project is proposed approve the project by voting in favor at an election, as specified. This measure would repeal these provisions. Page 19/20
Total Measures: 60
Total Tracking Forms: 60
Bill Number Sponsors Title and/or Summary Summary/Status Latest Action Recently Enacted Legislation
H.R.6833 Rep. Angie Craig (D-MN) Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023
This legislation extends government
funding through December 16, 2022 and
provides additional funding to assist
Ukraine in response to the Russian
invasion. The legislation extends certain
authorities and provides funding for
FEMA to respond to recent disasters.
The substitute amendment was introduced
on Tuesday, September 27. Changes to the
amendment to drop the text of Sen.
Manchin’s permitting reform were released
later in the Day.
The Senate passed the legislation on
Thursday, September 29 and the House
passed it on September 30. The legislation
was signed into law on September 30.
H.R.5376 President Joe Biden /
Congressional Democrats
Build Back Better Act / Inflation
Reduction Act of 2022
The Build Back Better Act (as passed by
the House) proposes spending nearly $2
trillion over a 10-year period, with certain
programs expiring after only a year or
two to keep the total cost of the bill
down.
Efforts to pass the legislation in 2021
through reconciliation were unsuccessful
even after the House passed a modified
version of the legislation.
Senate Democrats unveiled a new
reconciliation package on in late July. The
new legislation will raise $739 billion in
new revenue, with $433 billion going to
“Energy Security and Climate Change” and
an “Affordable Care Act Extension”. The
remaining revenue generated will go to
deficit reduction.
The legislation passed the Senate on
August 7, 2022 and passed the House on
August 12, 2022. President Biden signed
the bill into law on August 16, 2022.
Other Pending Legislation
Status of
individual
bills included
below
Various FY23 Appropriations Bills
The House and Senate Appropriations
Committee Deadlines have all passed as
of the end of May for lawmakers to
submit programmatic, language, and
Community Project Funding /
Congressionally Directed Spending
Requests.
The House Appropriations Committee
completed markups of its versions of the
FY23 bills in June. The House passed the
first 12 bills in July in a minibus
appropriations package along party lines.
The Senate Appropriations Committee
released their “draft” FY23 bills on
Thursday, July 28. The Committee is not
scheduled to mark up any of the Senate
bills due to disagreements over the topline
spending amount and split between
defense and non-defense spending.
H.R. 8295 /
S.4659
Rep. Rosa DeLauro (D-CT) /
Sen. Patty Murray (D-WA)
Departments of Labor, Health and
Human Services, and Education, and
Related Agencies Appropriations Act,
2023
This bill provides FY23 appropriations to
the Departments of Labor, Health and
Human Services, and Education; and
related agencies.
The legislation was reported out of
committee on June 30, 2022.
The Senate bill was released on July 28,
2022.
H.R. 8294 /
S.4670
Rep. David Price (D-NC) /
Senator Brian Schatz (D-HI)
Transportation, Housing and Urban
Development, and Related Agencies
Appropriations Act, 2023
This bill provides FY23 appropriations to
the Department of Transportation (DOT),
the Department of Housing and Urban
Development (HUD), and several related
agencies.
The legislation was reported out of
committee on June 30, 2022. The
legislation passed the House on July 20,
2022 in a package with 5 other
appropriations bills.
The Senate bill was released on July 28,
2022.
H.R. 8262 /
S.4686
Rep. Chellie Pingree (D-ME)
/ Sen. Jeff Merkley (D-OR)
Department of the Interior,
Environment, and Related Agencies
Appropriations Act, 2023
This bill provides FY23 appropriations for
the Department of the Interior, the EPA,
the Forest Service, the Department of
Health and Human Services, and several
related agencies. Funding for the US Fish
and Wildlife Service is included in the
legislation along with the Clean and
Drinking Water State Revolving Funds.
The legislation was reported out of
committee on June 28, 2022. The
legislation passed the House on July 20,
2022 in a package with 5 other
appropriations bills.
The Senate bill was released on July 28,
2022.
H.R. 8256 /
S.4664
Rep. Matt Cartwright (D-PA)
/ Sen. Jeanne Shaheen (DNH)
Commerce, Justice, and Science
Appropriations Act, 2023
This bill provides FY23 appropriations to
the Department of Commerce, the
Department of Justice (DOJ), the science
agencies, and several related agencies.
This bill provides funding for the CBDG
program.
The legislation was reported out of
committee on June 28, 2022.
The Senate bill was released on July 28,
2022.
H.R. 8255 /
S.4660
Rep. Marcy Kaptur (D-OH) /
Sen. Dianne Feinstein (D-CA)
Energy and Water Development and
Related Agencies Appropriations Act,
2023
This bill provides FY23 appropriations for
U.S. Army Corps of Engineers civil works
projects, Interior's Bureau of Reclamation
(including WaterSMART funding), and the
Department of Energy. The bill also
provides appropriations to several
independent agencies, including the
Federal Energy Regulatory Commission
and the Nuclear Regulatory Commission.
The legislation was reported out of
committee on June 28, 2022. The
legislation passed the House on July 20,
2022 in a package with 5 other
appropriations bills.
The Senate bill was released on July 28,
2022.
H.R. 8239 /
S.4661
Rep. Sanford Bishop (D-GA)
/ Sen. Tammy Baldwin (DWI)
Agriculture, Rural Development, Food
and Drug Administration, and Related
Agencies Appropriations Act, 2023
This bill provides FY23 appropriations for
the Department of Agriculture (USDA),
the Food and Drug Administration, the
Federal Crop Insurance Corporation
Fund, the Food and Nutrition Service, the
Foreign Agricultural Service, and other
related agencies.
The legislation was reported out of
committee on June 27, 2022. The
legislation passed the House on July 20,
2022 in a package with 5 other
appropriations bills on the TransportationHUD bill.
The Senate bill was released on July 28,
2022.
H.R. 8238 /
S.4759
Rep. Debbie Wasserman
Schultz (D-FL) / Sen. Martin
Heinrich (D-NM)
Military Construction, Veterans Affairs,
and Related Agencies Appropriations
Act, 2023
This bill provides FY23 appropriations for
DOD military construction, the
Department of Veterans Affairs (VA), and
several related agencies including the
American Battle Monuments
Commission, the U.S. Court of Appeals for
Veterans Claims, Cemeterial Expenses of
the Army, and
the Armed Forces Retirement Home.
The legislation was reported out of
committee on June 27, 2022. The
legislation passed the House on July 20,
2022 in a package with 5 other
appropriations bills.
The Senate bill was released on July 28,
2022.
H.R. 8257 /
S.4678
Rep. Lucille Roybal-Allard
(D-CA) / Sen. Chris Murphy
(D-CT)
Department of Homeland Security
Appropriations Act, 2023
This bill provides FY2023 appropriations
for the Department of Homeland
Security.
The legislation was reported out of
committee on June 23, 2022.
The Senate bill was released on July 28,
2022.
H.R.9084 Rep. David Valadao (R-CA)
Working to Advance Tangible and
Effective Reforms (WATER) for California
Act
This legislation focuses on operational
stability, infrastructure, and
accountability to bring more water to the
Central Valley.
The legislation would require the Central
Valley Project (CVP) and State Water
Project (SWP) be operated consistent
with the 2019 regulations, helps to
ensure CVP and SWP water stakeholders
receive the water they contract and pay
for, provides eligibility for funding for the
Shasta Enlargement Project, and
reauthorizes the surface water storage
project program and coordinated
operations of the CVP and SWP
established by the WIIN Act.
The legislation was introduced by Rep.
David Valadao along with all California
Republicans on September 29, 2022.
The legislation is unlikely to move during
the current Congress, but is a blueprint for
water priorities for California Republicans
in the next Congress if they win a majority.
H.R.5118 Rep. Joe Neguse (D-CO) Legislative vehicle for the Wildfire Response and Drought Resiliency Act
This legislation addresses programs and
grants related to wildfire risks, ecological
restoration, droughts, and environmental
justice. The legislative package — which
includes more than 40 bills — would also:
- Authorize billions of dollars of funding
for federal agencies, including the
Agriculture and Interior departments, to
implement various forest management,
water, and climate programs.
- Expand federal disaster relief assistance,
research efforts related to the effects of
wildfire on public health.
The House Rules Committee packaged a
number of existing bills together to create
the Wildfire Response and Drought
Resiliency Act during the week of July 25.
The legislation passed the House on Friday,
July 29 by a vote of 218 – 199.
H.R.7776 Rep. Peter DeFazio (D-OR) /
Sen. Thomas Carper (D-DE)
Water Resources Development Act of
2022
This bill authorizes the U.S. Army Corps of
Engineers to carry out activities
concerning water resources development
projects, water supply and wastewater
infrastructure, flood control, navigation,
or ecosystem restoration, such as
shoreline restoration. In addition, it
modifies the process used to deauthorize
certain inactive water resources
development projects.
The House passed the legislation under a
suspension of the Rules on June 8, 2022 by
a vote of 384-37.
The Senate took up the House-passed bill,
substituted their own text (from S.4136),
and passed it by a vote of 93-1 on
7/28/2022.
The legislation is expected to be
conferenced by the two chambers before
the end of the calendar year.
S. 29 / H.R.
2008
Sen. Amy Klobuchar (D-MN)
/ Rep. Angie Craig (D-MN) Local Water Protection Act
A bill to amend the
Federal Water Pollution Control Act to
reauthorize certain programs relating to
nonpoint source management, and for
other purposes.
The Senate legislation was introduced on
January 22, 2021 and referred to the
Committee on Environment and Public
Works.
The legislation in the House was introduced
on March 18, 2021 and passed the House
under suspension of the rules on June 15.
H.R 1563 Rep. Mike Garcia (R-CA)
To extend the authorities under the
Water Infrastructure
Improvements for the Nation Act of
2016 providing operational flexibility,
drought relief, and other benefits to
the State of California
The legislation would extend the
authorities under the Water
Infrastructure Improvements for the
Nation Act of 2016 providing operational
flexibility, drought relief, and other
benefits to the State of California. The
legislation would extend 4007 authorities
through January 1, 2028.
Introduced on March 3, 2021 and was
referred to the House Committees on
Natural Resources and Science, Space, and
Technology.
H.R 866 Rep. Ken Calvert (R-CA) FISH Act
This bill gives the Fish and Wildlife Service
(FWS) the sole authority to protect
endangered or threatened species that
are anadromous species (species of fish
that spawn in fresh or estuarine waters
and that migrate to ocean waters) or
catadromous species (species of fish that
spawn in ocean waters and migrate to
fresh waters). Currently, the FWS shares
this authority with the National Marine
Fisheries Service.
Introduced on February 5, 2021 and
referred to the House Committee on
Natural Resources.
H.R.1881 Rep. John Garamendi (D-CA)
To amend the Federal Water Pollution
Control Act with respect to permitting
terms, and for other purposes.
The legislation would extend permit
terms for publicly owned water
infrastructure projects under the
National Pollutant Discharge Elimination
System (NPDES) from 5 years to a
maximum of 10 years.
Introduced on March 12, 2021 and referred
to the Committee on Transportation and
Infrastructure.
H.R. 1015 Rep. Grace Napolitano (DCA)
Water Recycling Investment and
Improvement Act
This bill makes permanent, and otherwise
revises, the Bureau of
Reclamation's grant program for the
funding of water recycling and reuse
projects. Specifically, the bill removes
priority under the program for projects in
areas that, in the preceding four-year
period, have been (1) identified as
experiencing severe, extreme, or
exceptional drought; or (2) designated as
a disaster area by a state. Additionally,
the bill increases through FY2025 the
authorization of appropriations for the
program and otherwise revises provisions
related to program funding.
Introduced on February 11, 2021 and
referred to the House Committee on
Natural Resources.
S.4231
Sens. Dianne Feinstein (DCA), Mark Kelly (D-AZ), and
Krysten Sinema (D-AZ)
Support To Rehydrate the Environment,
Agriculture, and Municipalities Act or
“STREAM” Act
This legislation would authorize
additional funding for water
infrastructure; expedites recycling,
desalination and non-federal storage
projects with less than $250 million in
federal funding by allowing Interior to
approve projects; eliminates the WIIN Act
requirement that the Appropriations
Committee must not only appropriate
storage, recycling, and desal funding but
approve funding awards for specific
projects; and expedites future federal
storage projects where Reclamation
notifies Congress of completed feasibility
studies each year to set up an orderly
process to authorize projects.
Sens. Feinstein, Kelly, and Sinema
introduced the legislation on May 17, 2022.
The Senate Energy and Natural Resources
Subcommittee on Water & Power held a
hearing on the legislation on Wednesday,
May 25.
H.R. 737 Rep. David Valadao (R-CA) RENEW WIIN Act
Extends the authorities under the WIIN
Act of 2016 providing operational
flexibility, drought relief, and other
benefits to the State of California.
Introduced on February 2, 2021 and
referred the House Committee on Natural
Resources. 10 members of the CA
delegation have cosponsored the
legislation.
H.R. 2515 Rep. Garret Graves (R-LA)
Building U.S. Infrastructure through
Limited Delays and Efficient Reviews
(BUILDER) Act
The legislation modernizes the National
Environmental Policy Act (NEPA) and
aims to make infrastructure project
reviews more efficient, reduce project
costs, and spur economic recovery.
Introduced on April 14, 2021 and was
referred to the House Committee on
Natural Resources.
The legislation's 46 cosponsors are all
Republican, including members of GOP
leadership.
H.R. 939 Rep. Doug LaMalfa (R-CA) Combustion Avoidance along Rural Roads (CARR) Act
The bill exempts wildfire mitigation
activities conducted within 300 feet of a
road from all laws governing
environmental review of proposed
agency actions or protection of
endangered or threatened species.
Introduced on February 8, 2021 and was
referred to the House Committees on
Natural Resources and Agriculture.
H.R.3267 Rep. Brendan Boyle (D-PA) Protect Drinking Water from PFAS Act The bill amends the Safe Drinking Water
Act to require the Administrator of the
Environmental Protection Agency to
publish a maximum contaminant level
goal and promulgate a national primary
drinking water regulation for total perand polyfluoroalkyl substances.
The legislation was introduced on May 17,
2021 and referred to the House Committee
on Energy and Commerce.
H.R.3293 Rep. Lisa Blunt Rochester
(D-DE)
Low-Income Water Customer Assistance
Programs Act
The legislation would amend the Safe
Drinking Water Act and the Federal
Water Pollution Control Act to establish
programs to assist low-income
households in maintaining access to
drinking water and wastewater services.
The legislation was introduced on May 18,
2021 and referred to the relevant
committees. The legislation has passed out
of the House Energy and Commerce
Committee by a vote of 32-24 and now
moves on to consideration on the House
floor.
S. 953 Sen. Ron Wyden (D-OR) Water for Conservation and Farming Act The legislation would create a
Reclamation fund of $300M to support
water recycling projects, water-use
efficiency projects and dam safety
projects; the WaterSMART program to
increase water supply reliability by
funding infrastructure and conservation
projects; establishes a grant program for
any Reclamation States, Tribes, nonprofit
conservation organizations, irrigation or
water districts, and regional and local
authorities to complete habitat
restoration projects that improve
watershed health and mitigate climate
change; among other actions.
Introduced on March 24, 2021 and referred
to the Committee on Energy and Natural
Resources.
H.R. 3286 Rep. Raul Ruiz (D-CA)
Emergency Order Assurance, Safety, and
Inspection of water Systems (Emergency
OASIS Act)
The legislation would require the EPA to
establish regulations to flush a drinking
water system if contaminants were
present in the system for longer than six
months, or if water stood motionless in
the system for longer than six months.
Introduced on May 17, 2021 and referred
to the House Committee on Energy and
Commerce.
H.R. 3622 / S.
1907
Rep. Chris Pappas (D-NH) /
Sen. Kirsten Gillibrand (DNY)Clean Water Standards for PFAS Act The legislation would require the
Administrator of the Environmental
Protection Agency to develop effluent
limitations guidelines and standards and
water quality criteria for PFAS under the
Federal Water Pollution Control Act, to
provide Federal grants to publicly owned
treatment works to implement such
guidelines and standards
Introduced in the House on May 28, 2021,
and in the Senate on May 27, 2021.
The legislation in the House is bipartisan.
S. 2168 /
S.2567
Sen. Mike Braun (R-IN) /
Sen. Shelley Moore Capito
(R-WV)
Define WOTUS Act / Navigable Waters
Protection Act of 2021
The legislation would amend the Federal
Water Pollution Control Act to modify the
definition of navigable waters, and to
make the definition of the "waters of the
United States" permanent.
These bills were introduced in June and July
of 2021 in response to the EPA's
announcement earlier in June of its intent
to rewrite the Navigable Waters Protection
rule.
H.R. 3814 / S.
717
Rep. Liz Cheney (R-WY) /
Sen. Mike Lee (R-UT)
Undoing NEPA’s Substantial Harm by
Advancing Concepts that Kickstart the
Liberation of the Economy Act
(UNSHACKLE Act)
The legislation combines the following
five stand-alone NEPA reform bills on
agency process, state expansion, legal
changes, and data reporting into one
comprehensive text.
- NEPA Agency Process Accountability Act
- NEPA Accountability and Enforcement
Act
- NEPA State Assignment Expansion Act
- NEPA Legal Reform Act
- NEPA Data Transparency Act
The Senate legislation was introduced on
March 11, 2021 and referred to the
Committee on Environment and Public
Works.
The House legislation was introduced on
June 11, 2021 and referred to the House
Committees on Natural Resources;
Judiciary; Transportation and
Infrastructure; and Energy and Commerce.
H.R. 4647 / S.
2430
Rep. Jared Huffman (D-CA) /
Sen. Dianne Feinstein (D-CA)
Water Conservation Rebate Tax Parity
Act
The legislation would amend federal tax
law so that homeowners wouldn’t pay
income tax on rebates from water
utilities for water conservation and water
runoff management improvements
The House legislation was introduced on
July 22, 2021 and referred to the House
Committee on Ways and Means. The
legislation in the Senate was introduced on
July 22, 2021 and referred to the Senate
Committee on Finance.
S.2454 Sen. Alex Padilla (D-CA) Water Reuse and Resiliency Act The legislation would authorize $1 billion
over five years for the EPA’s Pilot
Program for Alternative Water Source
Projects grants program. This is an
increase from the $125 million over five
years authorized for the program in the
Drinking Water and Wastewater
Infrastructure Act passed by the Senate in
April.
The legislation was introduced on July 22,
2021 and referred to the Senate
Committee on Environment and Public
Works.
H.R.4915 Rep. Tom McClintock (R-CA) Water Supply Permitting Coordination Act
The legislation would authorize the
Secretary of the Interior to coordinate
Federal and State permitting processes
related to the construction of new
surface water storage projects on lands
under the jurisdiction of the Secretary of
the Interior and the Secretary of
Agriculture and to designate the Bureau
of Reclamation as the lead agency for
permit processing.
The legislation was introduced on August 3,
2021 and referred to the House Committee
on Natural Resources.
H.R. 4976 Rep. Elissa Slotkin (D-MI) Ensuring PFAS Cleanup Meets or Exceeds Stringent Standards Act
The legislation directs the Secretary of
Defense to ensure that removal and
remedial actions relating to PFAS
contamination result in levels meeting or
exceeding certain standards.
The legislation was introduced in the House
on August 6, 2021 and was referred to the
House Committees on Armed Services,
Transportation and Infrastructure, and
Energy and Commerce.
S.2372 /
H.R.2773
Sen. Heinrich, Martin (DNM) / Representative
Debbie Dingell (D-MI)
Recovering America’s Wildlife Act of
2021
The legislation would fund conservation
efforts for more than 12,000 species of
wildlife and plants in need of assistance
by providing $1.3 billion in dedicated
annual funding for proactive, on-theground efforts across the country, ensure wildlife recovery efforts will be guided by
the Congressionally-mandated State
Wildlife Action Plans, which identify
specific strategies to restore the
populations of species of greatest
conservation need, accelerate the
recovery of 1,600 U.S. species already
listed as threatened or endangered under
the Endangered Species Act, and include
improvements to ensure funds are
appropriately targeted to the areas of
greatest need and facilitate additional
investments in protecting at-risk plant
species.
In the Senate, RAWA also directs fees and
penalties assessed for environmental
violations to help fund RAWA, using fee
and penalty amounts that aren’t already
targeted for existing environmental
funds.
The legislation was introduced on July 15,
2021 and referred to the Committee on
Environment and Public Works. It was
reported favorably out of Committee on
April 27 and placed on the Senate calendar.
The House bill was introduced on April 22.
The House Natural Resources
Subcommittee on Water, Oceans, and
Wildlife held a hearing on the legislation on
July 29, 2021. On January 19, the legislation
passed out of the House Natural Resources
Committee by a vote of 29-15. It passed the
House on June 14, 2022 by a vote of 231-
190.
The House and Senate hope to come to an
agreement on the legislation prior to the
end of the Congress.
H.R.4602 /
S.3956
Rep. Alan Lowenthal (D-CA)
/ Rep. Lisa McClain (R-MI)
and Sen. Jeff Merkley (DOR) / Sen. Susan Collins (RME)WIPPES Act The legislation would direct the Federal
Trade Commission to issue regulations
requiring certain products to have “Do
Not Flush” labeling
The legislation was introduced on July 21,
2021 and referred to the Committee on
Energy and Commerce. Rep. Lowenthal
introduced the stand-alone bill after
introducing a similar amendment to the
House’s infrastructure bill.
The Senate bill was introduced on March
30, 2022.
H.R.6591 Rep. Lisa McClain (R-MI) /
Rep. Alan Lowenthal (D-CA) PIPES Act
The legislation would require the
Administrator of the Environmental
Protection Agency to publish a rule that
establishes standards for the flushability
of disposable nonwoven wipes.
The legislation was introduced on February
3, 2022 and was referred to the House
Committee on Energy and Commerce.
S. 2806 / H.R.
3534
Sen. Dianne Feinstein (D-CA)
/ Rep. Jimmy Panetta (D-CA) Wildfire Emergency Act of 2021 Amongst other things, the legislation
authorizes $250 million over 5 years for
up to 20 Forest Service projects of
100,000 acres or greater; Establish a new
$100 million grant program to assist
critical facilities like hospitals and police
stations become more energy efficient
and better adapted to function during
power shutoffs; Establishes one or more
Prescribed Fire Centers to coordinate
research and training of foresters and
forest managers in the western United
States in the latest methods and
innovations in prescribed fire (controlled
burns) practices.
The Senate legislation was introduced on
September 22, 2021 and passed the Senate
on October 19, 2021.
The House bill was introduced on May 25,
2021 and was referred to the
Subcommittee on Conservation and
Forestry.
S. 3011 / H.R.
5735
Sen. John Cornyn (R-TX) /
Rep. Dusty Johnson (R-SD)
State, Local, Tribal, and Territorial Fiscal
Recovery, Infrastructure, and Disaster
Relief Flexibility Act
The legislation provides additional
flexibility for States, Tribes, and units of
local government to spend their
allocations of the COVID Relief Funds on
certain infrastructure projects, including
water, wastewater, and broadband
infrastructure projects. The bill also
allows these funds to be used to provide
emergency relief from natural disasters.
There is a cap—the greater of $10 million
or 30% of the funds—on how much of
the COVID money can be spent on these
new purposes.
The legislation was introduced on October
19, 2021 and passed the Senate by
unanimous consent that day.
Senator Alex Padilla (D-CA) is an original
cosponsor of the legislation.
The act was introduced in the House on
October 26 and referred to the House
Committee on Oversight and Reform.
H.R. 6461 / S.
3531
Rep. Scott Peters (D-CA) /
Sen. Chris Coons (D-DE)
National Climate Adaptation and
Resilience Strategy Act
The legislation creates a Chief Resilience
Officer, among other positions, that will
assist the President to streamline the
federal response to climate hazards that
threaten human health, safety, and
critical infrastructure.
The act also calls for a Climate Adaptation
and Resilience Strategy that outlines the
federal government’s response to climate
hazards such as sea level rise, drought,
biodiversity loss, and coastal bank
erosion.
The legislation was introduced in the House
on January 20, 2022 and referred to the
Committee on Energy and Commerce.
The legislation was introduced in the
Senate on January 20, 2022, read twice,
and referred to the Committee on
Homeland Security and Government
Affairs.
H.R. 6396 Rep. Earl Blumenauer (DOR) Climate RESILIENCE Act The act amends FEMA's disaster
definition to include extreme
temperature events, like heat waves and
freezes; changes FEMA's definitions and
cost share eligibility requirements for
disadvantaged communities and
underserved communities; includes a
focus on resiliency planning and
investments; provides both financial and
non-financial technical assistance for
hazard mitigation planning, as well as for
grant applications for small impoverished
and disadvantaged communities; and
expands Pre-Disaster Mitigation
Assistance funding to address FEMA’s
oversubscription issues.
The legislation was introduced in the House
on January 13, 2022 and referred to the
Committee on Transportation and
Infrastructure.
The legislation has 32 cosponsors, including
8 members of the California delegation.
H.R.6492 Rep. Pramila Jayapal (D-WA) Climate Resilience Workforce Act The bill establishes a climate resilience
workforce in communities most affected
by the climate crisis. It also funds the
development of regional, state, local, and
community-based climate resilience
action plans.
The legislation creates an Office of
Climate Resilience within the White
House, starts new workforce
development programs, and removes
barriers to employment in climate
resilience jobs based on immigration
status and prior involvement with the
criminal justice system.
The legislation was introduced in the House
on January 25, 2022 and referred to the
Subcommittee on Conservation and
Forestry.
The legislation has 38 cosponsors, including
9 members of the California delegation.
H.R. 6989 Rep. Ted Lieu (D-CA) Housing for All Act of 2022 This legislation would address affordable
housing shortages across the country by
investing in hotel conversions to
permanent housing with services;
investing in the Eviction Protection Grant
Program; investing in mobile crisis
intervention teams; investing in libraries
that support people experiencing
homelessness; investing in programs that
offer a safe place to park and facilitate
access to rehousing and essential
services; and investing in transit-oriented
development and infill development.
The legislation was introduced in the House
on March 8, 2022 and referred to the
Subcommittee on Highways and Transit.
The legislation has 14 cosponsors, including
12 members of the California delegation.
S. 623 Sen. Marco Rubio (R-FL) Sunshine Protection Act of 2021 This bill makes daylight saving time the
new, permanent standard time, effective
November 5, 2023.
The legislation passed the Senate on March
15, 2022 and sent to the House.
S. 4081 / H.R.
8018
Sen. Tammy Baldwin (D-WI)
/ Rep. Chellie Pingree (DME)Healthy H2O Act
The bill provides grants for water testing
and treatment technology directly to
individuals, non-profits and local
governments in rural communities.
Grants, provided by the USDA, would
allow the purchase and installation of
point-of-use or point-of-entry water
quality improvement systems that
remove or significantly reduce
contaminants from drinking water.
The legislation was introduced in the
Senate on April 26, 2022 and referred to
the Senate Committee on Agriculture,
Nutrition, and Forestry.
The bill was introduced in the House on
June 9, 2022 and referred to the House
Committee on Agriculture.
H.R. 7696 / S.
4161
Rep. Chris Pappas (D-NH) /
Sen. Kirsten Gillibrand (DNY)
Clean Water Standards for PFAS 2.0 Act
of 2022
The bill would further regulate PFAS by
setting deadlines for the EPA to develop
water quality criteria and limits on
industrial PFAS discharges into water and
to water treatment plants. The bill would
also authorize $200 million per year in
grants to assist Publicly Owned
Treatment Works with program
implementation, which would be
appropriated through Fiscal Years 2022-
2026.
The legislation was introduced in the House
on May 10, 2022 and referred to the
Subcommittee on Water Resources and
Environment.
The legislation was introduced in the
Senate on May 9, 2022 and referred to the
Committee on Environment and Public
Works.
S.1179 /
H.R.2552 Sen. Dianne Feinstein (D-CA) Canal Conveyance Capacity Restoration Act
This bill authorizes the Bureau of
Reclamation to provide financial
assistance for various projects in
California to mitigate the sinking or
settling of the ground (i.e., subsidence
mitigation), specifically for projects
related to the Friant-Kern Canal, the
Delta-Mendota Canal, and certain parts
of the San Luis Canal/California
Aqueduct.
This legislation was introduced on April 15,
2021 in the Senate. The House Companion
bill was introduced the same day.
The Senate Energy and Natural Resources
Subcommittee on Water & Power held a
hearing on the legislation on Wednesday,
May 25.
The House Natural Resources Committee
has not yet considered the legislation.
INNOVATIVE FEDERAL STRATEGIES, LLC
Comprehensive Government Relations
511 C Street, NE • Washington, DC 20002 • 202-347-5990 • Fax 202-347-5941
MEMORANDUM
To: Frank Luckino, City Manager, City of Twentynine Palms From: Letitia White, Jean Denton, and Drew Tatum
Date: October 3, 2022
Re: September Monthly Legislative Update
Congress Punts Spending Decisions to Lame Duck Session
During the last week of September, lawmakers agreed to a continuing resolution (CR) that runs through December 16, 2022, punting major spending decisions until after the November elections.
The original version of the legislation included the Energy Independence and Security Act of 2022, the permitting reform legislation authored by Senator Joe Manchin (D-WV). Manchin, who indicated he would likely need 20 Republican votes to offset Democrats who would vote against it, worked to secure votes for the CR with his legislation included. After it became clear that he would not have 60-votes to advance the CR with his legislation included, he asked Senate Majority Leader Chuck Schumer (D-NY) to remove it and allow a “cleaner CR” to move forward.
In addition to funding all government agencies through December 16, the bill provides $12.4 billion to Ukraine to aid its war effort against Russia, slightly more than the $11.7 billion requested by the Biden administration. It also authorizes the Biden administration to transfer up to $3.7 billion more in US defense equipment to Ukraine.
The bill provides $2 billion for unmet needs from recent disasters and a $1 billion for home heating assistance. The CR also provides FEMA the ability to obligate full-year funding to respond to natural disasters.
In addition, Food and Drug Administration is authorized to collect user fees for five years, preventing a funding shortfall that threatens layoffs.
The bill provides money to assist resettlement of Afghan refugees but does not provide the smoother path to permanent residency as requested by the Administration.
The CR did not include the $22 billion in funding to fight Covid-19 sought by the Biden administration or the $4 billion request to combat monkeypox. Even before President Joe Biden declaring the coronavirus pandemic “over” in a 60 Minutes interview, Republicans indicated they would be unwilling to provide more emergency funds for it and cuts should be made elsewhere to fund future efforts.
Innovative Federal Strategies LLC
IFS Monthly Report 2 | Page
The CR passed the Senate on Thursday, September 29 by a vote of 72-25 after Senators reached a time agreement to hold the vote at 1:45pm that day subject to a 60-vote threshold.
The House passed the legislation on Friday, September 30 by a vote of 230-201. Only 10 Republicans voted in support of the CR in the House, despite the broad bipartisan support in the Senate.
President Joe Biden signed the legislation into law on Friday, September 30, avoiding a government shutdown.
EPA Submits Water Infrastructure Cybersecurity Plan to Congress The U.S. Environmental Protection Agency recently submitted its water infrastructure cybersecurity plan to Congress, which was mandated by the Bipartisan Infrastructure Law. The plan is titled “Technical Cybersecurity Support Plan for Public Water Systems.” This report comes on the heels of a separate report, also required by the Bipartisan Infrastructure Law, called the Prioritization Framework that describes the agency's methodology for prioritizing certain public water systems for technical support related to cybersecurity.
The EPA has also created a webpage outlining cybersecurity best practices for the water sector, which includes a list of cyber resilience resources, information on incident response, information about alerts from the Cybersecurity and Infrastructure Security Agency, and more.
The EPA is also reportedly mulling revealing a new federal implementation memo this fall using its authority under the Safe Drinking Water Act that would require states to expand inspections at about 1,600 water systems to include cybersecurity threats. EPA is not issuing a new rule but instead will release a so-called implementation memo based on the agency’s existing authority under the Safe Drinking Water Act.
Ultimately, states already responsible for inspecting everything from tanks to pumps and operations at hundreds of public water systems across the nation would also be responsible for ensuring utilities are protected against hackers.
The plan, which has been debated for almost a year now, has fueled concerns in the water sector about the ability of cash-strapped states with limited cyber expertise to shoulder such a hefty and quickly evolving responsibility.
EPA in a statement highlighted the various ways the agency is boosting cybersecurity across the water sector using its available authorities and resources, as well as actively implementing the Biden administration's strategy for securing critical infrastructure.
The agency also said it's partnering with states to help them identify assessment and technical assistance and has encouraged states to use an influx of funding through the infrastructure package to tackle both resiliency and emerging threats like cyberattacks.
Innovative Federal Strategies LLC
IFS Monthly Report 3 | Page
In July, Anne Neuberger, deputy national security adviser for cyber and emerging technology for the White House, said at an event hosted by the Center for a New American Security that EPA would soon issue a rule requiring states to oversee more than 1,000 water utilities’ cybersecurity plans as part of ongoing sanitary surveys.
Touting Biden’s “relentless” focus on securing critical infrastructure from cyberthreats, Neuberger said EPA has the “basis of knowledge” to ensure that the water sector is protected from hackers, but the agency needs Congress to add additional authorities.
The water sector has acknowledged there’s a need to boost its cyber protections.
Last year, a survey of 606 drinking and wastewater organizations by the Water Sector Coordinating Council found half spent less than 5 percent of their budget on IT security. The smallest utilities that service less than 3,300 people spent less than 1 percent on information or operational technology security.
Senate Won’t Vote on Same-Sex Marriage Bill Until After Election Sen. Tammy Baldwin (D-WI), the lead Democratic negotiator on the Respect for Marriage Act, which passed the House overwhelmingly in July, announced that the Senate will postpone action on the bill until after the midterm elections.
“After the election,” she said, when asked about when the bill will come to the floor.
Baldwin had said signaled she wanted the legislation to come to the floor in September, even though it wasn’t assured that it would have enough votes to overcome an expected GOP filibuster.
Baldwin’s announcement came shortly after retiring Sen. Roy Blunt (R-MO), a key vote, said the bill would be much more likely to get 10 Republican votes to overcome a filibuster if it were considered after Election Day.
Blunt was spotted on the Senate floor speaking with Sen. Rob Portman (R-OH), one of the lead Republican negotiators on the legislation, shortly before the announced delay.
The bipartisan group of negotiators met to make a decision on whether to release the text of an amendment designed to respond to the concerns of GOP lawmakers who feared the legislation could put churches and other religious institutions at legal risk if Congress voted to codify samesex marriage rights.
The group of senators met throughout the September to modify the legislation in an effort to muster enough votes to bring it to the floor. It became apparent, however, that it was losing momentum.
They released a statement announcing they would have at least 10 Republican votes for the legislation in late November or December, during the so-called lame-duck session.
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“We’ve asked [Senate Majority] Leader [Charles] Schumer (D-NY) for additional time and we appreciate he has agreed. We are confident that when our legislation comes to the Senate floor for a vote, we will have the bipartisan support to pass this bill,” they said in a joint statement.
Baldwin, Portman and Sens. Kyrsten Sinema (D-AZ), Susan Collins (R-ME) and Thom Tillis (R-NC) signed it.
A spokesman for Schumer said his boss agreed to postpone action because it was clear the bill could not get enough Republican support to pass in September. “Leader Schumer is extremely disappointed that there aren’t 10 Republicans in the Senate willing to vote yes on marriage equality legislation at this time,” said Justin Goodman, Schumer’s aide.
“Because Leader Schumer’s main objective is to pass this important legislation, he will adhere to the bipartisan group of senators’ request to delay floor action, and he is 100 percent committed to holding a vote on the legislation this year,” he added.
The legislation passed by the House would repeal the Defense of Marriage Act, which defines marriage as the union of one man and one woman, and would require states to recognize samesex marriages performed in other states.
The Supreme Court defended the right to same-sex marriage in its landmark 2015 decision Obergefell v. Hodges, which ruled that the 14th Amendment protected the right of same-sex couples to marry.
Supreme Court Justice Clarence Thomas urged the court to review that decision and others relying on the concept of substantive due process under the 14th Amendment in his concurrence to Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade, the landmark abortion rights case, earlier this year.
Schumer’s spokesman said his boss is committed to holding a vote on marriage equality legislation “before Justice Thomas has a chance to make good on his threat to overturn Obergefell.”
The House passed the Respect for Marriage Act overwhelmingly by a vote of 267 to 157, with 47 Republicans voting “yes.”
Biden Condemns Republicans for Using Migrants as ‘Props’ President Biden on recently condemned Republican governors for using migrants as “props” for “political stunts” as he defended his administration’s handling of the southern border.
Biden, addressing a Congressional Hispanic Caucus Institute gala, did not directly name GOP governors who have in recent weeks transported migrants out of their states and to blue states
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and Washington, D.C. But he and other White House officials have pushed back hard on the tactic, dismissing it as a political ploy that puts migrant families at risk. “Republicans are playing politics with human beings, using them as props. What they’re doing is simply wrong, it’s un-American, it’s reckless,” Biden said. “And we have a process in place to manage migrants at the border. We’re working to make sure it’s safe and orderly and humane,” Biden continued. “Republican officials should not interfere with that process by waging these political stunts.”
Biden called for Senate Republicans to negotiate with Democrats on a pathway to citizenship for so-called Dreamers, who were brought to the U.S. as children and granted protections, as well as farm laborers and other essential workers.
Gov. Ron DeSantis (R-FL) flew two planes of migrants to Martha’s Vineyard in Massachusetts.
He has been sending migrants to “sanctuary” cities or states, which limit their cooperation with federal immigration authorities
Gov. Greg Abbott (R-TX) has repeatedly made similar moves, including sending at least two buses of migrants to Vice President Harris’s residence in Washington.
Republicans have argued the Biden administration has mismanaged the situation at the U.S.- Mexico border, leading to a major influx of migrants flowing into the country. In sending some migrants to blue states, GOP governors have argued those areas should take on some of the responsibility of caring for them.
White House officials have condemned the moves as pure politics and disrespectful to the individuals being sent across the country.
House Passes January 6th Election Reform Bill
House lawmakers voted to approve legislation crafted by two members of the House Select Committee to Investigate the January 6th Attack on the US Capitol that seeks to protect elections from interference by lawmakers.
The Presidential Election Reform Act reaffirms the vice president’s role in certifying the election is purely ceremonial, and drastically increases the number of lawmakers in each chamber needed to object to the certification of electors from one member of each chamber to one-third of each chamber.
It also targets other actions taken by former President Trump in the lead up to the Jan. 6, 2021, attack, making explicit the role governors play in the electoral process. The bill takes aim at the faux election certificates crafted by Trump’s team and the pressure campaign in various states to replace their electors with those who would vote for then-President Trump.
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The bill passed in a 229-203 vote, with nine Republicans joining all Democrats present in supporting the measure: Reps. Liz Cheney (R-WY), Adam Kinzinger (R-IL), Fred Upton (RMI), Jaime Herrera Beutler (R-WA), Peter Meijer (R-MI), Tom Rice (R-SC), John Katko (RNY), Anthony Gonzalez (R-OH) and Chris Jacobs (R-NY).
During debate on the House floor, Rep. Zoe Lofgren (D-CA) — a sponsor of the bill and a member of the January 6 select committee — said the legislation “will make it harder to convince people that they have the right to overthrow the election.” “Ultimately, this bill is about protecting the will of the American voters, which is a principle that is beyond partisanship. The bottom line is this — if you want to object to the vote, you better have your colleagues and the Constitution on your side. Don’t try to overturn our democracy,” she added.
Cheney, the second sponsor of the bill and one of two Republicans on the January 6 panel, argued that the measure would “prevent Congress from illegally choosing the president itself.” After reading a host of conservative commentary praising the legislation, the Wyoming Republican urged her GOP colleagues to support the measure.
House Republican leadership whipped against the bill, urging members of the conference to vote against the “flawed” measure, and arguing that it “tramples on state sovereignty and opens the door for destructive private rights of action that will only delay results and inject more uncertainty into our elections.”
Rep. Rodney Davis (R-IL), the ranking member of the House Administration Committee, during debate argued that Democrats are trying to put a spotlight on Trump just weeks away from the midterm elections.
Also during debate, Democrats criticized Republicans for failing to back legislation they say largely reaffirms principles laid out in the U.S. Constitution.
The Presidential Election Reform Act, which adjusts the 1887 Electoral College Act, is the first of a number of legislative proposals that could stem from the House January 6 committee’s review. The panel has been tasked with investigating the events of the Capitol riot and presenting improvements to ensure that a similar event does not occur in the future.
The passage of the bill comes as the Senate has plans to review bipartisan legislation introduced in July that would also reform the Electoral College Act. The Senate Rules Committee recently voted to send their version of the legislation to the floor with only one dissenting vote from Senator Ted Cruz (R-TX). The Senate bill enjoys the support from Democratic and Republican leaders in the chamber.
That bill, though similar, would require just a one-fifth vote in each chamber for lawmakers to raise objections to a state’s election results.
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During a recent House Rules Committee meeting, Lofgren signaled an openness to discussing the threshold needed to raise an objection to a state’s electors.
Another departure from the Senate bill is a provision in the Presidential Election Reform Act that seeks to prevent any future attempt to delay an election — making clear only scenarios like natural disasters could be considered a “catastrophic event” used to extend voting.
Cheney said the provision was designed to ensure against future situations where “false claims of fraud could be made to allow a state to refuse to certify valid votes.” The bill drafted by Lofgren and Cheney may be the only formal legislation to come out of the committee.
Police, Public Safety Bills Win House Support Ahead of Elections The House passed a package of police and public safety legislation that Democrats intend to showcase in the fall midterms to counter Republican claims that they are soft on crime.
The bills were initially slated for floor votes in July, but those plans were scrapped after progressives and members of the Congressional Black Caucus called for additional accountability provisions to be added to the legislation.
Congressional Black Caucus Chair Joyce Beatty (D-OH), Congressional Progressive Caucus Chair Pramila Jayapal (D-WA) and moderate Rep. Josh Gottheimer (D-NJ) agreed to the final package after changes were made to Gottheimer’s bill (H.R. 6448) authorizing grants to smaller law enforcement agencies.
“This is critical to public safety, critical to protecting our communities and our families,” Gottheimer said. “We have made it very clear for many months that we support law enforcement.”
The police funding bill, which the chamber passed 360-64, would apply to agencies with fewer than 125 officers and includes auditing requirements, among other changes. Nine Democrats voted against the bill, which won the support of 153 Republicans.
Rep. John Rutherford (R-FL), a former county sheriff, praised the bill as a bipartisan issue giving much needed assistance to smaller police departments.
“The last two years have left law enforcement demoralized like never before,” Rutherford said on the House floor. “They need this assistance as they have officers that are leaving in droves.” Gottheimer said he was working to reconcile differences with a similar Senate measure (S. 3860) passed by unanimous consent in August.
The House also advanced three other bills, including:
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• H.R. 4118, which would set up grant programs to support community violence intervention and provide workforce development assistance to youth who are disproportionately affected by gun violence (passed by a vote of 220-207); • H.R. 5768, which would create a grant program to help state, local, and tribal law enforcement agencies implement investigative methods to close additional cases involving violent crimes (passed by a vote of 250-178); and • H.R. 8542, which would establish a grant program to hire, train, and dispatch mental health professionals instead of law enforcement when someone experiencing a mental health crisis calls 911, the National Suicide Hotline, or another emergency line (passed by a vote of 223-206).
Senators have introduced similar measures that haven’t received floor votes.
The package almost didn’t get a floor vote after a handful of progressive Democrats joined with Republicans to oppose the terms of floor debate for the bills that was adopted by a 216-215 vote.
Four members of the progressive group of lawmakers known as the “Squad” voted against the rule setting up debate for the package of bills – Reps. Alexandria Ocasio-Cortez (D-NY), Cori Bush (D-MO), Jamaal Bowman (D-NY) and Rashida Tlaib (D-MI). Another progressive member, Rep. Ayanna Pressley (D-MA), voted present.
After the vote, Bush said she was concerns there weren’t stronger accountability measures in Gottheimer’s bill that would authorize police departments to receive up to $60 million annually for five years.
“We’re talking about budgets that have been inflated over and over again,” she said. “How has this helped save lives?”
Senate Approves Climate Treaty Limiting Potent Greenhouse Gases The Senate voted to ratify a climate treaty limiting the use of highly potent greenhouse gases called hydrofluorocarbons (HFCs), although the U.S. has already taken steps to comply with the terms of the accord.
In a vote of 69-27, the Senate voted to ratify the Kigali Amendment, which calls for phasing down HFCs. HFCs are frequently used in appliances such as air conditioners and refrigerators and can be thousands of times more powerful than carbon dioxide in terms of warming the planet.
While the approval of the treaty is a big symbolic step, the country already has laws in place along similar lines.
In 2020, the U.S. passed a bipartisan bill that requires phasing down HFCs by 85 percent over 15 years when compared to a baseline level.
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That measure was seen as a rare bipartisan climate win, pushed through by Sens. John Kennedy (R-LA) and Tom Carper (D-DE).
One reason such a measure may have been able to gain bipartisan traction is support from industry, which has already been transitioning toward alternatives.
The vote was also bipartisan, with 21 Republicans joining Democrats in supporting it, including GOP Sens. Roy Blunt (R-MO), John Boozman (R-AR), Richard Burr (R-NC), Shelley Moore Capito (R-WV), Bill Cassidy (R-LA), Susan Collins (R-ME), Joni Ernst (R-IA), Lindsey Graham (R-SC), Chuck Grassley (R-IA), Cindy Hyde-Smith (R-MS), John Kennedy (R-LA), Mitch McConnell (R-KY), Jerry Moran (R-KS), Lisa Murkowski (R-AK), Rob Portman (R-OH), Mitt Romney (R-UT), Marco Rubio (R-FL), Ben Sasse (R-NE), Thom Tillis (R-NC), Roger Wicker (R-MS) and Todd Young (R-IN).
The Senate vote doesn’t automatically ratify the treaty, which must also get formal ratification from President Biden, who supports it.
In signing on to the agreement, the U.S. will join nearly 140 other countries in making the pledge to phase down HFCs.
HFCs were introduced as an alternative to chlorofluorocarbons, or CFCs, which were depleting the ozone layer. And while the switch addressed the immediate issue, they also were significant contributors to the planet’s warming.
The Kigali Amendment is an amendment to the Montreal Protocol, a prior treaty that called for phasing out CFCs.
GAO Report Highlights Congressionally Directed Spending The Government Accountability Office (GAO) recently released its first report on Congressionally Directed Spending / Community Project Funding. As part of the Fiscal Year 2022 appropriations process, Members of Congress could request provisions, designating an amount of funds to a particular recipient—such as a local government or nonprofit organization—for a specific project.
In an effort to provide Congress with oversight of those funds, the GAO is planning to issue a series of products looking at individual agencies’ plans for distributing and monitoring the funding.
The Consolidated Appropriations Act, 2022 included provisions for 18 federal agencies to make nearly $9.1 billion available to about 5,000 specific projects at congressional members’ requests.
These requests could not exceed 1 percent of total discretionary funding. Member requests directed funds for specific projects that generally would otherwise have been left to agencies’ discretion.
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These funds cover a range of purposes. Specifically, across 18 agencies, the funds are designated for several broad purposes, or budget functions—broad categories into which all federal spending is placed. The largest categories include environmental projects, such as flood mitigation, and community development projects, like efforts to prevent homelessness and expand affordable housing
Funds were designated for projects in 47 states, 4 U.S. territories, and the District of Columbia.
Funding Provisions in the Consolidated Appropriations Act, 2022 by Location The summary, along with individual agency reports, can be found on the Government Accountability Office’s website here: https://www.gao.gov/tracking-funds Powell Signals Recession May Be The Price for Crushing Inflation Federal Reserve officials gave their clearest signal yet that they’re willing to tolerate a recession as the necessary trade-off for regaining control of inflation.
Policy makers, criticized for being too late to realize the scale of the US inflation problem, are moving aggressively to catch up. They recently raised interest rates by 75 basis points for the third time in a row and forecast a further 1.25 percentage points of tightening before year end.
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That was more hawkish than expected by economists. In addition, officials cut growth projections, raised their unemployment outlook and Chair Jerome Powell repeatedly spoke of the painful slowdown that’s needed to curb price pressures running at the highest levels since the 1980s.
“Powell’s admission that there will be below-trend growth for a period should be translated as central bank speak for ‘recession,’” said Seema Shah of Principal Global Investors. “Times are going to get tougher from here.”
To be clear, Fed officials aren’t explicitly projecting a recession. But Powell’s rhetoric about the rate hikes likely causing pain for workers and businesses has gotten progressively sharper in recent months. In his post-meeting press conference, Powell said a soft landing with only a small increase in joblessness would be “very challenging.”
“No one knows whether this process will lead to a recession or if so, how significant that recession would be,” Powell told reporters after officials lifted the target range for their benchmark rate to 3% to 3.25%. “The chances of a soft landing are likely to diminish to the extent that policy needs to be more restrictive, or restrictive for longer. Nonetheless, we’re committed to getting inflation back down to 2%.”
That sober assessment is in sharp contrast from six months ago, when Fed officials first started raising rates from near zero and pointed to the economy’s strength as a positive -- something that would shield people from feeling the effects of a cooling economy.
Officials now implicitly acknowledge, via their more pessimistic unemployment projections, that demand will need to be curtailed at every level of the economy, as inflation has proved to be persistent and widespread.
The median forecast among the 19 Fed officials is for unemployment to reach 4.4% next year and stay there through 2024, from the current rate of 3.7%. But even that new level might still be too low. Almost all participants said risks to their new forecasts were weighted to the upside.
They projected interest rates reaching 4.4% this year and 4.6% in 2023, before moderating to
3.9% in 2024.
“We have always understood that restoring price stability while achieving a relatively modest increase in unemployment and a soft landing would be very challenging,” Powell said. “We have got to get inflation behind us. I wish there were a painless way to do that. There isn’t.” Powell told reporters several times that a softer labor market may be necessary to sufficiently bring down demand. But he also pointed to higher savings rates and more money at the state level indicating that the economy is still reasonably strong, a “good thing” that he said would make it more resistant to a significant downturn.
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States ‘Grabbing’ Climate, Energy Cash
Red states are eagerly jumping to secure money from last year’s infrastructure law and the recent climate law, marking a shift from those states’ earlier rejections of federal funds on political or cultural grounds, a senior White House official said.
“There’s money and people are grabbing it,” said Ali Zaidi, President Joe Biden’s new national climate adviser, speaking at the Atlantic Festival.
To illustrate, Zaidi said all 50 states have submitted plans to the Biden administration to build electric vehicle charging under the bipartisan infrastructure law (Public Law 117-58).
By contrast, Republican-led states such as Iowa and Idaho spurned federal money for Covid-19 testing in schools.
Zaidi also pointed to clean energy projects that are burgeoning in several red states, such as solar manufacturing in Ohio, a hydrogen innovation hub in Indiana, and nation-leading renewable deployment in Texas.
“I think this opportunity is so irresistible—the clean energy opportunity—from a macro perspective and from a micro perspective, that we have a growing political economy that’s propelling us in the right direction. We just have to take advantage of it,” he said.
Also during his remarks, Zaidi acknowledged that the administration must take action on permitting to speed up the pace of infrastructure and renewable energy deployment, although he didn’t provide details on how the permitting regime should be adjusted. “We have so much of the economic condition that people want to do the building,” he said. “We’ve got to be a partner in facilitating that.”
Some of those efforts already underway include a Department of Transportation plan to let developers use existing rights of way on rail to site transmission lines, Zaidi said.
A failure to get projects built quickly could incur political blowback, he said. “If we don’t build, if people don’t see us put the steel in the ground and harness the resources that we have, I think that they will have very good reason to be cynical about the goals and commitments we’ve made,” Zaidi said.
Zaidi succeeded Gina McCarthy as climate adviser following her resignation last week. Biden also appointed John Podesta, former President Bill Clinton’s chief of staff and a leader on Hillary Clinton’s presidential campaign, to spearhead the rollout of the $370 billion climate law (Public Law 117-169).
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Senate Done Voting Until Nov. 14, Setting up Extremely Busy Lame Duck Session Senate Majority Leader Charles Schumer (D-NY) announced that senators will not return to Washington, DC, to vote until Monday, November 14, clearing the decks for vulnerable colleagues to campaign for five solid weeks until Election Day. “For the information of all senators, the next roll call vote will be on [Monday], November 14, at 5:30 p.m.,” Schumer said on the floor.
But he warned that Senate colleagues should expect an “extremely busy” lame duck session during the second half of November and all of December as they still have to consider a defense authorization bill, an omnibus spending package, a bill protecting the right to same-sex marriage and other items that haven’t made it to the floor yet.
“Members should be prepared for an extremely, underline extremely, busy agenda in the last two months of this Congress,” he said.
The Democratic leader asked for unanimous consent for the Senate to proceed to the consideration of the National Defense Authorization Act on Tuesday, October 11.
Senators familiar with the timing of the defense bill said that proceeding to it next month while most lawmakers are back in their home states will allow the chairmen and ranking members of the Senate and House Armed Services Committees to begin pre-conference negotiations on the annual defense bill.
“While we have accomplished a great deal so far, more than any Congress in recent memory, and we all should be proud of what we’ve accomplished, we still have much to do and many important bills to consider,” Schumer said.
Democrats Scrap Plan to Vote on Stock Trading Ban Before Elections House Democrats have scrapped a tentative plan to move this month on legislation barring lawmakers from trading stocks — a vote sought by some Democrats heading into the midterm elections.
House Majority Leader Steny Hoyer (D-MD) said there was not enough time for lawmakers to study the details of the proposal, which had been introduced just two days earlier, before the House left Washington for the long midterm recess.
“People have to look at it,” Hoyer told reporters gathered in his office in the Capitol. “It’s an important issue,” he continued, and leaders want the extra time “to make sure that if and when we do something, we do it right.”
The announcement is a departure from comments made by Speaker Nancy Pelosi (D-CA) earlier in the month, when she indicated the negotiations were going well “and we believe we have a product that we can bring to the floor this month.”
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It also angered those Democrats who were pressing to vote on a reform proposal — one that’s popular among voters — before November’s elections. Some supporters of the legislation said during the last week of September that the true reason the vote was punted was that Democratic leaders simply don’t support the concept of banning lawmakers from owning and trading stocks.
Pelosi and Hoyer have been among those prominent opponents, noting that federal law already prohibits insider trading and warning that a special ban for members of Congress might dissuade talented people from running for office.
Yet the proposal has gained enormous momentum in the current Congress following revelations that scores of lawmakers have violated existing laws designed to eliminate conflicts of interest between legislators and the investments they pursue.
Even if no laws are violated, supporters of the ban say, the current system can create the damaging perception lawmakers are trading on information not available to the general public or crafting legislation to boost their own finances.
Public opinion polls conducted this year indicate overwhelming support for the stock ban, with approval numbers hovering above 70 percent.
That pressure from within the caucus forced Pelosi to have a change of heart earlier in the year, when she directed Rep. Zoe Lofgren (D-CA), chair of the House Administration Committee, to draft a stock ban proposal based on “where the support is in our caucus.” After months of negotiations, Lofgren recently released that proposal. The wide-ranging legislation prohibits stock trades not only by members of Congress, but also their spouses and dependent children, senior congressional aids, the president, the vice president and high-ranking members of the judicial branch, including Supreme Court justices.
On Capitol Hill, support for the stock ban comes from a diverse bipartisan coalition, from moderates like Rep. Brian Fitzpatrick (R-PA) to liberals like Rep. Alexandria Ocasio-Cortez (DNY).
But some of the loudest calls for a pre-November vote have come from Democrats facing tough reelection contests and want to notch a victory to take home this month for campaigning. That list includes Democratic Reps. Jared Golden (D-ME), Katie Porter (D-CA), Angie Craig (D-MN) and Abigail Spanberger (D-VA).
While some supporters of the bill wanted the opportunity to vote on it before the elections, Lofgren said that the exact timing of the House vote — before the midterms or after — is insignificant.
“In a way it doesn’t matter,” she said, “because the Senate’s not gonna be able to act before the election.”
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White house Hosts Conference on Hunger: ‘No Child Should Go To Bed Hungry’ The Biden administration recently hosted a conference on hunger, nutrition and health, the first such conference the White House has hosted in more than 50 years.
Speaking at the Ronald Reagan Building and International Trade Center, President Biden called for the U.S. to build on the measures passed under his administration meant to improve financial security for families, such as the expanded child tax credit and the Inflation Reduction Act.
Biden also proclaimed his aim of ending hunger in the U.S. by 2030. “This goal’s within our reach. Let’s look at how far we’ve come on child poverty. Thirty years ago, as was referenced, 1 in 4 children lived below the poverty line. Today, 1 in 20 live below the poverty line. So I know we can tackle hunger as well,” said Biden.
Agriculture Secretary Tom Vilsack said the conference will seek to identify nutrition problems within the U.S. and map out immediate recommendations to address these issues. He stated that the food insecurity issues that former President Franklin D. Roosevelt once noted at a nutrition conference in 1941 are still relevant today.
“The first White House conference on food and nutrition more than 50 years ago made significant progress towards reducing food insecurity. Today, USDA runs nutrition assistance programs that serve 1 in 4 Americans every year. However, food and nutrition insecurity still remains unacceptably high,” Vilsack said.
Biden noted the efforts made during his term so far to improve the economy, such as the more than $1 trillion COVID-19 recovery package, which he said have helped to address food insecurity issues.
“Soon after I came to office, I signed what’s called the American Rescue Plan into law. It helped put food on the table and keep a roof over the heads of millions of American families. It helped our economy create nearly 10 million new jobs. Most jobs created in that time frame in American history,” Biden said.
“Overwhelmingly, working families use the child tax credit to buy food and other basic needs for their families. And has helped cut child poverty by nearly 50 percent in the United States. 50 percent. And it cut food insecurity for families by 26 percent.” The White House’s anti-hunger strategy laid out numerous goals, including expanding free school meals for children by 9 million by the year 2032. The administration also announced the creation of a pilot program to test medically tailored meals for Medicare.
Biden called for a bipartisan effort to address hunger, saying, “In every country in the world, every state in this country, no matter what else divides us — if a parent cannot feed a child, there’s nothing else that matters to that parent. If you look at your child and you can’t feed your child, what the hell else matters?
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Recent data has suggested that rates of food insecurity rose recently in response to economic stressors and the end of some safety net programs.
A report from the Urban Institute this month found that 1 out of 5 U.S. adults said their households experienced food insecurity during this past summer. Almost 1 out of 4 parents or guardians in the same study reported that their households were food insecure.
STAFF REPORT
TO: City Council
FROM: City Engineer
FOR MEETING: Nov 08 2022
SUBJECT: Safe Routes to Schools Infrastructure Implementation ATPL-5448(010).
RECOMMENDATION:
That the City Council:
1. Reject all Bids received for the subject project.
2. Authorize Staff to direct KOA to perform value engineering to reduce the cost of construction without changing the scope of the project.
3. Once plans are updated with cost-saving revisions, authorize Staff to re-advertize the project.
ORDER OF PROCEDURE:
Request Staff Report (City Manager Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
BACKGROUND:
On September 21, 2022, the City opened bids for the subject project. The City received bids from five contractors.
The following were the bid results:
Company Bid Amount
Universal Construction & Engineering $1,347,023
Granite Construction Company $1,530,351
IE General Engineering $1,570,955
Jacobsson Engineering Construction $1,682,018
CT&T Concrete Paving Inc. $1,820,940
The City submitted an ATP grant application for a Safe Routes to School (SRTS) project near four schools based on a recently completed Local Road Safety Plan (LRSP). The project will construct SRTS infrastructure improvements near Morongo Unified School District (MUSD) schools: Oasis Elementary, Twentynine Palms Elementary, Twentynine Palms Junior High, and Twentynine Palms High School, which were identified in the San Bernardino Countywide Safe Routes to School Plan and the Morongo Basin ATP.
The City was successful and was awarded $1,263,000 for the construction phase of the project. The City contracted with KOA to design the project and provide a construction cost estimate, which was Page 135 of 885 $1,076,187. Since this time, construction costs have escalated, and last year alone, inflation was over 10%. The construction cost estimate which includes the contractor's cost, 10% contingencies, and materials inspection and testing was to be covered by the $1,263,000 federal funds. The low bid amount of $1,347,023, 10% contingencies, plus materials testing and inspection, estimated at $65,000, would exceed federal funding by $283,725, which would be needed to complete the project.
Immediately after the bids were received, it was evident that the city's allocation was insufficient to cover the cost of construction, and Staff requested from Caltrans additional federal funds. The City was notified that the funding source was constrained and that no additional funds, state or federal were available. Caltrans recommended that the City revisit the design and determine if there could be cost savings that could be achieved without changing the scope of the grant. An example of these design changes could include reducing the structural section of the new pavement.
Staff believes that an additional $100,000 could be saved by redesigning the road sections and utilizing onsite materials, asphalt grindings, for fill at various locations throughout the project requiring import materials.
Additionally, it could be stipulated within the bid package that the City is flexible with the construction time frame which would allow the contractor to schedule the project within their construction schedules. This could provide additional flexibility to the contractor which may result in cost savings for the City. Based on Caltrans's recommendation, it is recommended to revise the plans and readvertise the project.
Though the redesign will produce cost savings, it is anticipated that the project could still exceed the federal funds allocated to the project. In the event that bids still exceed federal fund balances, Staff recommends that additional funds from local sources such as Measure I, or the Street improvement Impact Fee be utilized for any funding shortages that may still be realized.
ENVIRONMENTAL:
Caltrans approved the environmental document for the project.
ALTERNATIVES:
The City Council could choose not to construct the project.
FISCAL IMPACT:
The project cost could exceed the $1,263,000 federal funding and may need to be supplemented with local funds depending on bid results.
STAFF REPORT
TO: City Council
FROM: City Engineer
FOR MEETING: Nov 08 2022
SUBJECT: Award Construction Contract for the SR 62 Raised Median Project.
RECOMMENDATION:
That the City Council:
1. Adopt the design of the project represented by the Plans and Specifications for the SR 62 Median Project ;
2. Award a contract for the “SR 62 Raised Median Project,” to LCR Earthwork & Engineering Corp., in the amount of $247,750.00 and authorize a Ten Percent (10%) Contingency in the amount of $24,775, for a total contract amount of $272,525;
3. Authorize the City Manager to execute all documents necessary to enter into the contract, including any necessary amendments.
ORDER OF PROCEDURE:
Request Staff Report (City Manager Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Call the Question
ATTACHMENTS:
• LCR Earthwork & Engineering,
Corp
• 0822NMC0364 Final Submittal
Plans_Signed
• Specs and Provisions
BACKGROUND:
Bids were received, opened, and publicly read on October 25, 2022, for the SR62 Median Project. The project includes constructing a raised median on SR 62 from Encelia Avenue to approximately 500' east of Encelia Avenue on State Route 62.
The bid results are as follows:
Company Bid Amount
LCR Earthwork and Engineering, Corp $247,750.00
IE General Engineering Inc. $327,825.00
Staff recommends awarding a contract for the “State Route 62 Raised Median Project,” to LCR Earthwork & Engineering in the amount of $247,750.00 and authorize a Ten Percent (10%) Contingency in the amount of $24,775 for a total contract amount of $272,525.
ENVIRONMENTAL:
Caltrans approved the CEQA Exemption/ NEPA Categorial Exclusion on September 20, 2022 as part of the permitting process.
ALTERNATIVES:
The City Council could reject the bids and re-advertise the project.
FISCAL IMPACT:
The City received an allocation of $575,000 from SBCTA to cover all construction costs, from Measure I Major Local Highway Program, (MLHP) funds, to complete the project. The project costs are 100% reimbursable per our agreement with SBCTA.
INTERSTATE
15 395 INTERSTATE
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INTERSTATE
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62 247
247
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58 18
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CITY OF TWENTY-NINE PALMS
Ontario, California 91764
3190 C Shelby Street
Tel: (909) 890-9693 Fax: (909) 890-9694
Received by:
Caltrans - District 08
Encroachment Permits
October 4, 2022 Page 170 of 885
CITY OF TWENTY-NINE PALMS
Ontario, California 91764
3190 C Shelby Street
Tel: (909) 890-9693 Fax: (909) 890-9694
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2'
VAR.
2.0%-3.0%
9' 14'
VAR.
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EX. AC PAVEMENT
EX. AC PAVEMENT
2" COLDMILL
2'
2'
3' 14'
EX. AC PAVEMENT
EX. AC PAVEMENT
2" COLDMILL
13'
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2.6%-3.0%
VAR.
2.0%-2.4%
Received by:
Caltrans - District 08
Encroachment Permits
October 4, 2022 Page 171 of 885
CITY OF TWENTY-NINE PALMS
Ontario, California 91764
3190 C Shelby Street
Tel: (909) 890-9693 Fax: (909) 890-9694
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ENCELIA AVE
TWENTYNINE PALMS HIGHWAY (SR 62)
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Caltrans - District 08
Encroachment Permits
October 4, 2022 Page 172 of 885
CITY OF TWENTY-NINE PALMS
Ontario, California 91764
3190 C Shelby Street
Tel: (909) 890-9693 Fax: (909) 890-9694
0 SCALE: 1" = 20'
20 10 20
TWENTYNINE PALMS HIGHWAY (SR 62)
Received by:
Caltrans - District 08
Encroachment Permits
October 4, 2022 Page 173 of 885
CITY OF TWENTY-NINE PALMS
Ontario, California 91764
3190 C Shelby Street
Tel: (909) 890-9693 Fax: (909) 890-9694
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40 20 40
24" X 30" 18"
7'
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TWENTYNINE PALMS HIGHWAY (SR 62) (50 MPH)
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CITY OF TWENTYNINE PALMS
State Route 62 Improvement Project from Encelia Avenue to 600’ East
BID AND CONTRACT DOCUMENTS
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TABLE OF CONTENTS
SECTION 100 – NOTICE INVITING BIDS................................................................................. 1 SECTION 200 – INSTRUCTIONS TO BIDDERS....................................................................... 3 SECTION 300 – BID FORM ....................................................................................................... 10 SECTION 305 – CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION....................................................................................................................... 13 SECTION 310 – BID BOND ....................................................................................................... 14 SECTION 320 – NON-COLLUSION DECLARATION ............................................................ 19 SECTION 330 – BIDDER INFORMATION AND EXPERIENCE FORM............................... 20 SECTION 340 – DESIGNATION OF SUBCONTRACTORS................................................... 26 SECTION 350 – IRAN CONTRACTING ACT CERTIFICATION........................................... 28 SECTION 400 – CONTRACT FOR CONSTRUCTION ............................................................ 29 AGENCY OF TWENTYNINE PALMS............................................................................................... 40 SECTION 510 – PERFORMANCE BOND ................................................................................ 43 SECTION 520 – PAYMENT BOND........................................................................................... 49 SECTION 600 – GENERAL CONDITIONS .............................................................................. 54 ARTICLE 1. DEFINITIONS.................................................................................................................... 54 ARTICLE 2. CONTRACT DOCUMENTS .............................................................................................. 55 ARTICLE 3. EXISTENCE OF UTILITIES AT THE SITE........................................................................ 56 ARTICLE 4. SCHEDULE....................................................................................................................... 58 ARTICLE 5. SUBSTITUTIONS.............................................................................................................. 59 ARTICLE 6. SUBMITTALS.................................................................................................................... 60 ARTICLE 7. MATERIALS ...................................................................................................................... 60 ARTICLE 8. CONTRACTOR’S SUPERVISION .................................................................................... 61 ARTICLE 9. WORKERS........................................................................................................................ 61 ARTICLE 10. SUBCONTRACTORS ..................................................................................................... 61 ARTICLE 11. PERMITS AND LICENSES ............................................................................................. 61 ARTICLE 12. UTILITY USAGE.............................................................................................................. 62 ARTICLE 13. INSPECTION FEES FOR PERMANENT UTILITIES ...................................................... 62 ARTICLE 14. TRENCHES..................................................................................................................... 62 ARTICLE 15. DIVERSION OF RECYCLABLE WASTE MATERIALS................................................... 63 ARTICLE 16. REMOVAL OF HAZARDOUS MATERIALS.................................................................... 63 ARTICLE 17. SANITARY FACILITIES .................................................................................................. 63 ARTICLE 18. AIR POLLUTION CONTROL........................................................................................... 64 ARTICLE 19. COMPLIANCE WITH STATE STORM WATER PERMIT ............................................... 64
ARTICLE 20. CLEANING UP ................................................................................................................ 65 ARTICLE 21. LAYOUT AND FIELD ENGINEERING ............................................................................ 65 ARTICLE 22. NOISE ............................................................................................................................. 65 ARTICLE 23. TESTS AND INSPECTIONS........................................................................................... 65 ARTICLE 24. PROTECTION OF WORK AND PROPERTY ................................................................. 66 ARTICLE 25. CONTRACTORS MEANS AND METHODS ................................................................... 67 ARTICLE 26. INSPECTOR’S FIELD OFFICE....................................................................................... 67 ARTICLE 27. AUTHORIZED REPRESENTATIVES ............................................................................. 67 ARTICLE 28. LABOR ............................................................................................................................ 68 ARTICLE 29. INSURANCE ................................................................................................................... 71 ARTICLE 30. TIME FOR COMPLETION AND LIQUIDATED DAMAGES ............................................ 74 ARTICLE 31. PAYMENT ....................................................................................................................... 74 ARTICLE 32. CHANGES AND EXTRA WORK..................................................................................... 77 ARTICLE 33. OCCUPANCY.................................................................................................................. 79 ARTICLE 34. INDEMNIFICATION......................................................................................................... 79 ARTICLE 35. RECORD (“AS BUILT”) DRAWINGS .............................................................................. 80 ARTICLE 36. RESOLUTION OF CONSTRUCTION CLAIMS............................................................... 80 ARTICLE 37. CITY’S RIGHT TO TERMINATE CONTRACT ................................................................ 81 ARTICLE 38. WARRANTY AND GUARANTEE.................................................................................... 84 ARTICLE 39. DOCUMENT RETENTION & EXAMINATION................................................................. 84 ARTICLE 40. SOILS INVESTIGATIONS............................................................................................... 85 ARTICLE 41. SEPARATE CONTRACTS.............................................................................................. 85 ARTICLE 42. NOTICE AND SERVICE THEREOF ............................................................................... 85 ARTICLE 43. NOTICE OF THIRD PARTY CLAIMS.............................................................................. 86 ARTICLE 44. STATE LICENSE BOARD NOTICE ................................................................................ 86 ARTICLE 45. INTEGRATION................................................................................................................ 86 ARTICLE 46. ASSIGNMENT................................................................................................................. 86 ARTICLE 47. CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL ENTITY................... 86 ARTICLE 48. ASSIGNMENT OF ANTITRUST ACTIONS..................................................................... 86 ARTICLE 49. PROHIBITED INTERESTS ............................................................................................. 87 ARTICLE 50. LAWS AND REGULATIONS........................................................................................... 87 ARTICLE 51. PATENT FEES OR ROYALTIES .................................................................................... 87 ARTICLE 52. NOTICE OF TAXABLE POSSESSORY INTEREST....................................................... 87 TECHNICAL SPECIAL PROVISIONS................................................................................................... 89 PLANS AND DRAWINGS.................................................................................................................... 113
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State Route 62 Improvement Project from Encelia Avenue to 600’ East SECTION 100 – NOTICE INVITING BIDS
The City of Twentynine Palms (“City”) will receive sealed bids for the State Route 62 Improvement Project from Encelia Avenue to 600’ East (“Project”) at the office of the City Clerk no later than October 25, at 11:00 am, at which time or thereafter bids will be opened and read aloud. Bids received after this time will be returned unopened. Bids shall be valid for sixty (60) calendar days after the bid opening date.
Please submit bids to:
Engineering Office
City of Twentynine Palms
6136 Adobe Road
Twentynine Palms, CA 92277
REQUESTS FOR INFORMATION: All requests for information (RFI) must be submitted in writing and received no later than October 14 at 5:00 pm. Questions can be sent by email to [email protected].
DESCRIPTION OF WORK: The Project generally consists of providing necessary labor, equipment and materials for the installation of a concrete median island and minor pavement rehabilitation. Work on the Project shall be completed within 30 working days.
AVAILABILITY OF CONTRACT DOCUMENTS: Bids must be submitted on the City’s Bid Forms. Bidders may obtain a digital format of the Contract Documents at http://www.ebidboard.com or from the City’s Bid Notice webpage. Please note that in order to be considered a plan holder, Contractor must still register as a plan holder on ebidboard.com. A hard copy of the bid documents will be available for review at the City Clerk’s office.
ENGINEER’S ESTIMATE: $189,600
BID GUARANTEE: Bids must be accompanied by cash, a certified or cashier’s check, or a Bid Bond in favor of the City in an amount not less than ten percent (10%) of the submitted Total Bid Price.
PAYMENT AND PERFORMANCE BONDS: The successful bidder will be required to furnish the City with Payment and Performance Bonds equal to 100% of the Contract Price, prior to execution of the Contract.
All bonds are to be secured from a surety that meets all of the State of California bonding requirements, as defined in Code of Civil Procedure section 995.120, and is admitted by the State of California. The successful Bidder shall also be required to meet the insurance requirements of the Authority, as set forth in the General Conditions. All of said bond and insurance requirements shall be completed and submitted to the Authority within twenty-one (21) consecutive calendar days from the date the Authority gives written intentions to award the Contract. Failure to meet these requirements within the allotted time shall be sufficient cause for rejection of Bid.
SUBSTITUTE SECURITIES FOR RETENTION MONEYS: Pursuant to Public Contract Code section 22300, the successful bidder may substitute certain securities for funds withheld by City to ensure his performance under the Contract.
PREVAILING WAGE RATES: The Director of Industrial Relations has determined the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract which will be awarded to the successful Bidder, copies of which are on file and will be made available to any interested party upon request at the City Clerk’s office or online at http://www.dir.ca.gov. A copy of these rates shall be posted by the successful Bidder at the job site. The successful Bidder and all subcontractor(s) under him shall comply with all applicable Labor Code provisions,
2 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East which include, but are not limited to the payment of not less than the required prevailing rates to all workers employed by them in the execution of the Contract, the employment of apprentices, the hours of labor and the debarment of contractors and subcontractors
PUBLIC WORKS CONTRACTOR REGISTRATION: Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors must be registered with the Department of Industrial Relations. No contract will be entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a Contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project.
This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
In bidding on this Project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this Contract and applicable law in its bid.
CONTRACTOR’S LICENSE: Each Bidder shall be a licensed contractor pursuant to the Business and Professions Code and shall be licensed in the following appropriate classification(s) of contractor’s license(s), for the work bid upon, and must maintain the license(s) throughout the duration of the Contract:
Class (A) General Engineering Contractor
AWARD OF CONTRACT: The City shall award the Contract for the Work to the lowest responsive, responsible bidder as determined from the base bid by the City. The City reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding process.
For further information, contact Richard Pedersen at 760-367-6799 or by email at [email protected].
By: Date: October 15, 2022
Richard Pedersen, P.E., City Engineer
City of Twentynine Palms
END OF NOTICE INVITING BIDS
3 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East SECTION 200 – INSTRUCTIONS TO BIDDERS
1. AVAILABILITY OF CONTRACT DOCUMENTS
Bids must be submitted to the City on the Bid Forms which are a part of the Bid Package for the Work. Bid and Contract Documents may be obtained from the City at the location(s) and at the time(s) indicated in the Notice Inviting Bids. Prospective bidders are encouraged to telephone in advance to determine the availability of Bid and Contract Documents. Any charge for the Contract Documents is stated in the Notice Inviting Bids.
The City shall also make the Bid and Contract Documents available for review in electronic form at one or more plan rooms at no charge, as required by Public Contract Code section 20103.7. Please Note:
Prospective bidders who choose to review the Contract Documents at a plan room must contact the City to obtain the required Contract Documents if they decide to submit a bid for the Work. The City does not assume any liability or responsibility based on any defective or incomplete copying, excerpting, scanning, faxing, downloading or printing of the Bid Documents.
Addenda, if any, issued during the bid period will be sent only to those contractors who have obtained documents from the City. Failure to acknowledge Addenda may make a bid nonresponsive and not eligible for award of the contract.
2. EXAMINATION OF CONTRACT DOCUMENTS
The City has made copies of the Contract Documents available as indicated above. Bidders shall be solely responsible for examining the Project Site and the Contract Documents, including any addenda issued during the bidding period, and for informing themselves with respect to local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors’ licensing requirements, availability of required insurance, and other factors that could affect the Work. Bidders are responsible for consulting the standards referenced in the Contract Documents. Bidders shall be solely responsible for their failure to examine the documents and inform themselves, shall proceed at their sole risk, and no relief for error or omission will be given except as required under State law.
3. INTERPRETATION OF CONTRACT DOCUMENTS
Discrepancies in, and/or omissions from the Bid or Contract Documents or questions as to their meaning shall be immediately brought to the attention of the City by submission of a written request for an interpretation or correction to the City. Any such submission must be sent to the Engineering Department by faxing (760) 367-4890 or emailing to [email protected].
Any interpretation of the Bid or Contract Documents will be made only by written addenda duly issued and mailed or delivered to each person or firm who has obtained a set of Bid and Contract Documents from the City. The City will not be responsible for any explanations or interpretations provided in any other manner.
No person is authorized to make any oral interpretation of any provision in the Bid or Contract Documents to any bidder, and no bidder should rely on any such oral interpretation.
Bids shall include complete compensation for all work to be performed under the Contract Documents.
4. INSPECTION OF SITE; PRE-BID CONFERENCE AND SITE WALK Each prospective bidder is responsible for fully acquainting itself with conditions of the Site (which may include more than one location) and those relating to construction of the Work, fully understanding the
4 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East facilities, difficulties and restrictions which may affect the cost or effort required to complete the Work. To this end.
5. ADDENDA
The City reserves the right to revise the Bid and Contract Documents prior to the bid opening date.
Revisions, if any, shall be made by written addenda. All addenda issued by the City shall be included in the bid and made part of the Contract Documents. Pursuant to Public Contract Code section 4104.5, if the City issues an Addendum which includes material changes to the Work less than 72 hours prior to the deadline for submission of bids, the City will extend the deadline for submission of bids. The City may determine, in its sole discretion, whether an Addendum warrants postponement of the bid submission date.
Each prospective bidder shall provide City a name, email address and facsimile number to which addenda may be sent, as well as a telephone number by which the City can contact the bidder. Copies of addenda will be furnished by facsimile, first class mail, express mail or other proper means of delivery without charge to all parties who have obtained a copy of the Contract Documents and provided such current information.
Please Note: Bidders are responsible for ensuring that they have received any and all addenda. Each bidder should contact the Engineering Department to verify that it has received all addenda issued, if any, prior to the bid opening. Failure to acknowledge receipt of all addenda may result in bid rejection.
6. ALTERNATE BIDS
If alternate bid items are called for in the Contract Documents, the lowest bid will be determined on the basis of the base bid only unless otherwise specified in the Notice Inviting Bids. The time required for completion of the alternate bid items has been factored into the Contract Time and no additional time will be allowed for performing any of the alternate bid items. Regardless of whether the alternates bid items will be considered in determining the low bid, the City may elect to include one or more of the alternate bid items, or to otherwise remove certain work from the scope of Work. Accordingly, each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses which will be incurred by the Bidder.
7. COMPLETION OF BID FORMS
Bids shall only be prepared using copies of the Bid Forms which are included in the Bid and Contract Documents. The use of Bid Forms other than clear and correct photocopies of those provided by the City will not be permitted. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. Bidders shall fill in all blank spaces (including inserting “N/A” where applicable) and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. USE OF BLACK OR BLUE INK, INDELIBLE PENCIL OR A TYPEWRITER IS REQUIRED. Deviations in the Bid Form may result in the bid being deemed non-responsive.
8. MODIFICATIONS OF BIDS
Each Bidder shall submit its Bid in strict conformity with the requirements of the Bid and Contract Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Bid may render it non-responsive and may cause its rejection. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms, nor make substitutions thereon. Oral, telephonic and electronic modifications will not be considered, unless the Notice Inviting Bids authorizes the submission of electronic bids and modifications thereto and such modifications are made in accordance with the Notice Inviting Bids.
9. DESIGNATION OF SUBCONTRACTORS
5 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East Pursuant to State law, the Bidders must designate the name, license number, and location of each subcontractor who will perform work or render services to the Bidder in an amount that exceeds one-half of one percent (1/2%) of the Bidder’s Total Bid Price, as well as the portion of work each such subcontractor will perform on the form provided herein by the City. No additional time will be provided to bidders to submit any of the information required in the Designation of Subcontractor form.
10. LICENSING REQUIREMENTS
Pursuant to section 7028.15 of the Business and Professions Code and section 3300 of the Public Contract Code, all bidders must possess licenses issued by the State of California Contractors License Board for performance of this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. The City has determined that bidders must have the class of license designated in the Notice Inviting Bids to be eligible for award of this Contract. Pursuant to section 7028.5 of the Business and Professions Code, any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents shall be nonresponsive, and the City shall reject the Bid. The City shall have the right to request, and Bidders shall provide within five (5) Days, evidence satisfactory to the City of all valid license(s) currently held by that Bidder before awarding the Contract. Pursuant to Public Contract Code section 20676, sellers of “mined material” must be on an approved list of sellers published pursuant to Public Resources Code section 2717(b) in order to supply mined material for this Contract.
Notwithstanding anything contained herein, if the Work involves federal funds, the Contractor shall be properly licensed by the time the Contract is awarded, pursuant to the provisions of Public Contract Code section 20103.5.
11. SIGNING OF BIDS
All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract.
If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name.
12. BID GUARANTEE
Each bid shall be accompanied by: (a) cash; (b) a certified check made payable to the City; (c) a cashier’s check made payable to the City; or (d) a bid bond payable to the City executed by the bidder as principal and surety as obligor, in an amount not less than 10% of the maximum amount of the bid. The surety insurer shall be admitted to transact surety business in the State of California, as defined in Code of Civil Procedure section 995.120. Personal sureties and unregistered surety companies are unacceptable. The cash, check or bid bond shall be given as a guarantee that the bidder shall execute the Contract if it be awarded to the bidder, and shall provide the required payment and performance bonds and insurance certificates and endorsements within ten (10) Days after notification of the award of the Contract to the bidder. Failure to provide the required documents may result in forfeiture of the bidder’s bid guarantee or bond to the City and the City may award the Contract to another bidder or may call for new bids.
13. SUBMISSION OF SEALED BIDS
6 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East Once the Bid and supporting documents have been completed and signed as set forth herein, they shall be placed, along with the Bid Guarantee and other required materials, in an envelope, sealed, addressed and delivered or mailed, postage prepaid to the City at the place and to the attention of the person indicated in the Notice Inviting Bids. No oral or telephonic bids will be considered. No forms transmitted via the internet, e-mail, facsimile, or any other electronic means will be considered unless specifically authorized by City as stated in the Notice. The envelope shall also show the following in the lower left-hand corner thereof:
Sealed Bid For: State Route 62 Improvement Project from Encelia Avenue to 600’ East Only where expressly permitted in the Notice Inviting Bids may Bidders submit their bids via electronic transmission pursuant to Public Contract Code sections 1600 and 1601. Any acceptable method(s) of electronic transmission shall be stated in the Notice Inviting Bids. City may reject any bid not strictly complying with City’s designated methods for delivery. DELIVERY AND OPENING OF BIDS Bids will be received by the City at the address shown in the Notice Inviting Bids up to the date and time shown therein. The City will leave unopened any Bid received after the specified date and time, and any such unopened Bid will be returned to the Bidder. It is the Bidder’s sole responsibility to ensure that its Bid is received as specified. Bids may be submitted earlier than the dates(s) and time(s) indicated.
Bids will be opened promptly after the date and time stated in the Notice Inviting Bids, and the amount of each Bid will be read aloud and recorded. All Bidders may, if they desire, attend the opening of Bids. The City may in its sole discretion, elect to postpone the opening of the submitted Bids. City reserves the right to reject any or all Bids and to waive any informality or irregularity in any Bid. In the event of a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern.
14. WITHDRAWAL OF BID
Prior to the original time set for bid opening, a Bid may be withdrawn by the Bidder only by means of a written request signed by the Bidder or its properly authorized representative. Any request to withdraw a bid after bid opening must be made in accordance with Public Contract Code section 5100 et seq. and must be submitted in writing within five (5) working days, excluding Saturdays, Sundays and State holidays, specifying in detail how the mistake was made.
15. BASIS OF AWARD; BALANCED BIDS
The City shall award the Contract to the responsible Bidder that submits the lowest responsive Bid, which shall be determined as set forth in the Notice Inviting Bids. The City may reject any Bid which, in its opinion when compared to other bids received or to the City’s internal estimates, does not accurately reflect the cost to perform the Work. The City may reject as nonresponsive any bid which unevenly weights or allocates costs, including but not limited to overhead and profit, to one or more particular bid items.
16. DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID No bidder shall be allowed to make, submit or be interested in more than one bid. However, a person, firm, corporation or other entity that has submitted a proposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a proposal or quoting prices to other bidders submitting a bid to the City. No person, firm, corporation, or other entity may submit a proposal to a bidder, or quote prices of materials to a bidder, when also submitting a prime bid for the Work.
17. INSURANCE REQUIREMENTS
The successful bidder shall procure and maintain insurance in the form and in the amount specified in the Contract Documents.
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State Route 62 Improvement Project from Encelia Avenue to 600’ East
18. AWARD PROCESS
Once all Bids are opened and reviewed to determine the lowest responsive and responsible Bidder, the City Council may award the contract or reject all bids. Once the City notifies the Bidder of the award, the Bidder will have ten (10) calendar days from the date of the award to deliver to City the executed Contract, all of the required bonds, evidence of insurance and other materials. Once the City receives all of the properly executed documents and certifications, the City shall issue a Notice to Proceed. The apparent low bidder’s failure to submit the required documents within the stated time may result in loss of the Contract and forfeiture of its bid security. If the City elects to accept bonds and insurance submitted late, the Contract Time will begin to run ten (10) calendar days from the date of the notification of award even if the City has not issued a Notice to Proceed.
19. WORKERS COMPENSATION
Each bidder shall submit the Contractor’s Certificate Regarding Workers’ Compensation form.
20. RETENTION AND SUBSTITUTION OF SECURITY
The City will make monthly progress payments based upon work performed in accordance with the Contract Documents. Unless otherwise specified in the Notice Inviting Bids, the City will retain five percent (5%) of each progress payment as provided by the Contract Documents. At the request and expense of the successful Bidder, the Contractor may substitute securities for the amount so retained in accordance with Public Contract Code section 22300.
21. PREVAILING WAGES
The City has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract. These rates are on file and available at the City Clerk’s office or may be obtained online at http://www.dir.ca.gov/dlsr. Bidders are advised that a copy of these rates must be posted by the successful Bidder at the job site(s).
If the Work involves federal funds or otherwise requires compliance with the Davis-Bacon Fair Labor Standards Act, the Contractor and all its subcontractors shall pay the higher of the state or federal prevailing wage rates.
22. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS
In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to section 1777.1 or section 1777.7 of the Labor Code. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid to a debarred subcontractor by the Contractor shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor used on the Work.
23. IRAN CONTRACTING ACT CERTIFICATION
Each bidder shall submit the certification required by the Iran Contracting Act of 2010, Public Contract Code section 2200 et seq. with its bid. The certification is included in the Bid Documents.
24. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
8 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a Contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project.
Notwithstanding anything contained herein, if the Work involves federal funds, the Contractor and all subcontractors shall be properly registered with the Department of Industrial Relations by the time the Contract is awarded, pursuant to the provisions of Labor Code section 1771.1(a).
25. PERFORMANCE BOND AND PAYMENT (LABOR AND MATERIALS) BOND REQUIREMENTS The successful bidder shall deliver to the City four fully executed, identical counterparts of the Performance Bond and Payment (Labor and Materials) Bond in the form supplied by the City and included in the Contract Documents. Each bond shall be for one hundred percent (100%) of the Contract Price. The surety insurer shall be admitted to transact surety business in the State of California, in accordance with Code of Civil Procedure section 995.120. Personal sureties and unregistered surety companies are unacceptable.
Failure to furnish a bond within this time may, in the sole discretion of City, result in the forfeiture of the Bid Guarantee.
26. REQUEST FOR SUBSTITUTIONS
The successful bidder shall comply with the substitution request procedures set forth in the Bid and Contract Documents. Any deadlines for substitution requests that occur prior to the bid opening date are set forth in the Special Conditions.
27. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES Contractor and its subcontractors performing work under this Contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the work will be located, unless otherwise expressly provided by the Contract Documents. Bidders shall include all applicable taxes and fees that are in effect or reasonably anticipated on the bid date in their bid price.
28. EXECUTION OF CONTRACT
As required herein the successful bidder shall execute the Contract included with the bid documents in the amount determined in accordance with the Contract Documents. The City may require appropriate evidence that the persons executing the Contract are duly authorized to do so on the Contractor’s behalf.
29. BID PROTEST PROCEDURE
Any bid protest relating to the form or content of the Bid or Contract Documents must be submitted in writing to the City’s Clerk at least ten (10) business days before the original date set for the bid opening. Any bidder who submits a bid without making a protest shall be deemed to have waived any objection to the form or content of the Bid or Contract Documents not previously stated in writing.
Submitted bids will be timely made available for review upon written request of any bidder.
Bidders may file a “protest” of a Bid with the City’s Clerk. The protest must:
A. Be filed in writing not later than 5:00 p.m. on the fifth business day after the bid opening date
9 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East B. Clearly identify the specific alleged irregularity or other basis for the protest; C. Specify, in detail, the factual and legal grounds for the protest; and D. Include all relevant supporting documentation with the protest at time of filing.
If the protest does not meet all of these requirements, the City may reject it without further review.
If the protest is timely and complies with all of the above requirements, the City’s Clerk, or other designated City staff member, shall review the protest, any response from the challenged bidder, and all other relevant information. The City will provide a written response to the protestor.
The procedure and time limits set forth in this section are mandatory and are the sole and exclusive remedy in the event of a bid protest. Failure to comply with these procedures shall constitute a failure to exhaust administrative remedies and a waiver of any right to further pursue the bid protest, including filing a Government Code Claim or legal proceedings.
END OF INSTRUCTIONS TO BIDDERS
10 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East SECTION 300 – BID FORM
NAME OF BIDDER:
The undersigned Bidder hereby declares that it has carefully examined the location of the proposed Work, and has read and examined the Contract Documents, including all plans, specifications, and all addenda, if any, for the following Project:
State Route 62 Improvement Project from Encelia Avenue to 600’ East We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project in strict accordance with the Contract Documents for the following TOTAL BID PRICE:
BID SCHEDULE – State Route 62 Improvement Project from Encelia Avenue to 600’ East No. ITEM
DESCRIPTION
UNIT OF
MEASURE
ESTIMATED
QUANTITY UNIT PRICE AMOUNT
1 Mobilization LS 1
2 Temporary Traffic Control LS 1
3 Furnish, Install, maintain,
and Remove Project
Identification Sign
LS 1
4 Construction Staking and
Monument Perpetuation LS 1
5 AC/AB Removal SY 2,000
6 Coldmill 2” Thick,
Variable Thickness SF 10,000
7 Construct 6" Thick
Crushed Aggregate Base
(CAB). 95% Compaction
CY 100
8 Construct 4" Thick AC
Base Course (PG 64-28) TN 75
9 Construct 2” Thick
Rubberized Hot Mix
Asphalt (RHMA-G)
TN 200
10 Construct Concrete
Median Island Curb Per
Caltrans Standard Plan
No. A87A, Type D-4
SF 3,200
11 Signing and Striping LS 1
11 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East 12 Storm Water Pollution
Prevention Plan and Best
Management Practices
LS 1
TOTAL BID AMOUNT ____________________________________________ Bid Amount in Numbers
__________________________________________________________________________ __________________________________________________________________________ Bid Amount in Written Form
Bidders must provide pricing for every bid item.
The estimated quantities for unit price items are for purposes of comparing bids only and the City makes no representation that the actual quantities of work performed will not vary from the estimates.
In case of discrepancy between the unit price and the line item cost set forth for a unit price item, the line item cost, calculated at the unit price multiplied by the estimated quantity, shall prevail and shall be utilized as the basis for determining the lowest responsive, responsible bidder. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the “Line Item Cost” column, then the amount set forth in the “Line Item Cost” column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. If any of the above discrepancies exist, the City may recalculate the bid price on the basis of the unit price and the bidder agrees to be bound by such recalculation. Final payment for unit price items shall be determined by the City from measured quantities of work performed.
In case of discrepancy between the written price and the numerical price, the written price shall prevail.
The undersigned agrees that this Bid Form constitutes a firm offer to the City which cannot be withdrawn for the number of calendar days from the bid opening stated in the Notice Inviting Bids from the bid opening, or until a Contract for the Work is fully executed by the City and a third party, whichever is earlier.
The Contract Time shall commence on the date stated in the City’s Notice to Proceed or as stated above.
In no case shall the Contractor commence construction prior to the date stated in the City’s Notice to Proceed, or before providing the required bonds and evidence of insurance.
Bidder certifies that it is licensed in accordance with the California law providing for the registration of Contractors, License No. _________, Expiration Date _______, class of license _____. If the bidder is a joint venture, each member of the joint venture must include the above information.
The undersigned agrees that this Bid Form constitutes a firm offer to the City which cannot be withdrawn for the number of calendar days from the bid opening stated in the Notice Inviting Bids from the bid opening, or until a Contract for the Work is fully executed by the City and a third party, whichever is earlier.
The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents.
12 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East Addenda No. _______________________
Addenda No. _______________________
Addenda No. _______________________
I hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct.
Name of Bidder
Signature
Name and Title
Dated
13 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East SECTION 305 – CONTRACTOR’S CERTIFICATE REGARDING
WORKERS’ COMPENSATION
I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.
Name of Bidder
Signature
Name
Title
Dated
14 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East SECTION 310 – BID BOND
The makers of this bond are _______________________________________, as Principal, and ___________________________________________________, as Surety and are held and firmly bound unto the City of Twentynine Palms, hereinafter called the City, in the penal sum of TEN PERCENT (10%) OF THE TOTAL BID PRICE of the Principal submitted to the City for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid dated _______________ __, 20__, for State Route 62 Improvement Project from Encelia Avenue to 600’ East Project.
If the Principal does not withdraw its Bid within the time specified in the Contract Documents; and if the Principal is awarded the Contract and provides all documents to the City as required by the Contract Documents; then this obligation shall be null and void. Otherwise, this bond will remain in full force and effect.
Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents shall affect its obligation under this bond, and Surety does hereby waive notice of any such changes.
In the event a lawsuit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and expenses.
IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this ____ day of _______________ , 20___, the name and corporate seal of each corporation. (Corporate Seal)
Contractor/ Principal
By
Title
(Attach Acknowledgment Form)
(Corporate Seal)
Surety
By
15 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
Title
16 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East NOTE: This acknowledgment is to be completed for Contractor/Principal.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) appeared , who proved to me on the basis of satisfactory Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
Individual
DESCRIPTION OF ATTACHED DOCUMENT
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
17 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) appeared , who proved to me on the basis of satisfactory Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
18 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-ofAttorney to local representatives of the bonding company must also be attached.
END OF BID BOND
19 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East SECTION 320 – NON-COLLUSION DECLARATION
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
The undersigned declares:
I am the ___________________ of ___________________, the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________________[date], at ___________________[city], ___________________[state].
Name of Bidder
Signature
Name
Title
20 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East SECTION 330 – BIDDER INFORMATION AND EXPERIENCE FORM
A. INFORMATION ABOUT BIDDER
Failure to complete all information may render your bid non-responsive. (Indicate not applicable (“N/A”) where appropriate.)
NOTE: Where Bidder is a joint venture, pages shall be duplicated and information provided for all parties to the joint venture.
1.0 Name of Bidder: ___________________________________________
2.0 Type, if Entity: ___________________________________________
3.0 Bidder Address: ___________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ Facsimile Number Telephone Number
_____________________________________________________________ Email Address
4.0 How many years has Bidder’s organization been in business as a Contractor? ______________________________
5.0 How many years has Bidder’s organization been in business under its present name? ________________________
5.1. Under what other or former names has Bidder’s organization operated?:_______________________________________________
6.0 If Bidder’s organization is a corporation, answer the following:
6.1. Date of Incorporation: ________________________________
6.2. State of Incorporation: ________________________________
6.3. President’s Name: ________________________________
6.4. Vice-President’s Name(s): ________________________________
6.5. Secretary’s Name: ________________________________
6.6. Treasurer’s Name: ________________________________
7.0 If an individual or a partnership, answer the following:
7.1. Date of Organization: _________________________________
7.2. Name and address of all partners (state whether general or limited partnership):
21 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East ___________________________________________________________ ___________________________________________________________ ___________________________________________________________
8.0 If other than a corporation or partnership, describe organization and name principals:
___________________________________________________________ ___________________________________________________________
9.0 List other states in which Bidder’s organization is legally qualified to do business. ___________________________________________________________ ___________________________________________________________
10.0 What type of work does the Bidder normally perform with its own forces? ___________________________________________________________ ___________________________________________________________
11.0 Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why:
___________________________________________________________ ___________________________________________________________
12.0 Within the last five years, has any officer or partner of Bidder’s organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation:
___________________________________________________________ ___________________________________________________________
13.0 List Trade References:
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________
14.0 List Bank References (Bank and Branch Address):
___________________________________________________________ ___________________________________________________________
22 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East ___________________________________________________________ ___________________________________________________________
15.0 Name of Bonding Company and Name and Address of Agent:
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
B. LIST OF CURRENT PROJECTS (BACKLOG)
***Note to Bidders: Duplicate Page if needed for listing additional current projects.*** Project Description of
Bidder’s Work
Completion
Date
Cost of Bidder’s
Work
Contact Name &
Phone
23 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East C. LIST OF COMPLETED PROJECTS - LAST THREE YEARS
***Note to Bidders: Duplicate Page if needed for listing additional completed projects.*** Please include only projects that are similar in size, scope and complexity to the Work to demonstrate Bidder’s ability to perform the required Work.
Work Client
Description of
Bidder’s Work
Period of
Performance
Cost of Bidder’s
Work
Contact Name &
Phone
24 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East D. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Personnel:
The Bidder shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity.
1. List each person’s job title, name and percent of time to be allocated to this project:
___________________________________________________________ __________________________________________________________ ___________________________________________________________
2. Summarize each person’s specialized education:
___________________________________________________________ ___________________________________________________________
25 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East ___________________________________________________________
3. List each person’s years of construction experience relevant to the project:
___________________________________________________________ ___________________________________________________________ ___________________________________________________________
4. Summarize such experience:
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ Bidder agrees that personnel named in this Bid will remain on this project in their designated capacities until completion of all relevant Work, unless replaced by personnel of equivalent experience and qualifications approved in advance by the City.
Additional Bidder’s Statements:
If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked:
E. VERIFICATION AND EXECUTION
These Bid Forms shall be executed only by a duly authorized official of the Bidder:
I declare under penalty of perjury under the laws of the State of California that the foregoing information is true and correct:
Name of Bidder
Signature
Name
Title
Dated
END OF BIDDER INFORMATION AND EXPERIENCE FORM
26 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East SECTION 340 – DESIGNATION OF SUBCONTRACTORS
In compliance with the Subletting and Subcontracting Fair Practices Act of the Public Contract Code of the State of California, each bidder shall set forth below: (a) the name and the location of the place of business, (b) the California contractor license number, and (c) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work in an amount in excess of one-half of one percent (1/2%) of the Contractor’s Total Bid Price. Notwithstanding the foregoing, if the work involves streets and highways, then the Contractor shall list each subcontractor who will perform work or labor or render service to Contractor in or about the work in an amount in excess of one-half of one percent (1/2%) of the Contractor’s total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information.
If no subcontractor is specified, for a portion of the work, or if more than one subcontractor is specified for the same portion of Work, then the Contractor shall be deemed to have agreed that it is fully qualified to perform that Work, and that it shall perform that portion itself.
The City requires the Contractor to perform at least 50% of the Work with its own forces and equipment.
Name of Subcontractor Location of Business
Work to be done by
Subcontractor
CSLB
License
Number
% of the
Work
27 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East Name of Subcontractor Location of Business
Work to be done by
Subcontractor
CSLB
License
Number
% of the
Work
Name of Bidder
Signature
Name and Title
Dated
28 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East SECTION 350 – IRAN CONTRACTING ACT CERTIFICATION
(PUBLIC CONTRACT CODE SECTION 2200 ET SEQ.)
As required by California Public Contract Code section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code section 2200 et seq.) is true and correct:
☐The Contractor is not:
1) identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code section 2203; or 2) a financial institution that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran. ☐ The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, Agency will be unable to obtain the goods and/or services to be provided pursuant to the Contract.
☐ The amount of the Contract payable to the Contractor for the Work does not exceed $1,000,000.
Signed
Titled
Firm
Date
Note: In accordance with Public Contract Code section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract Price, termination of the Contract and/or ineligibility to bid on contracts for three years.
29 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East SECTION 400 – CONTRACT FOR CONSTRUCTION
CITY OF TWENTYNINE PALMS
This Contract Agreement is made and entered into for the above-stated project this _____________BY AND BETWEEN the City of Twentynine Palms, as AGENCY, and _________. as CONTRACTOR.
WITNESSETH that AGENCY and CONTRACTOR have mutually agreed as follows:
ARTICLE I
The Contract Documents for the aforesaid project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Proposal, General Specifications, Special Provisions, Contract Plans, and all referenced specifications, details, standard drawings, and appendices; together with this Contract Agreement and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, or extending the work contemplated as may be required to ensure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein.
ARTICLE II
For and in consideration of the payments and agreements to be made and performed by AGENCY, CONTRACTOR agrees to furnish all materials and perform all work required for the above-stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents.
ARTICLE III
CONTRACTOR agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
Said compensation shall not exceed _________, provided that the City Manager or his designee may approve additional payment not-to-exceed the City Council authorized amount for change orders and for contingencies.
ARTICLE IV
AGENCY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the materials, do the work and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents.
The CONTRACTOR shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Contract. The CONTRACTOR shall at all times observe and comply with all such laws and regulations. The AGENCY, and its officers, employees, and agents shall not be liable at-law or in-equity occasioned by failure of the CONTRACTOR to comply with this Section.