Asm. Buffy Wicks

(1) 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. Existing law, commonly referred to as the Housing Element Law, prescribes requirements for a city's or county's preparation of, and compliance with, its housing element, and requires the Department of Housing and Community Development to review and determine whether the housing element substantially complies with the Housing Element Law, as specified. If the department finds that a draft housing element or amendment does not substantially comply with the Housing Element Law, existing law requires the legislative body of the city or county to either (A) change the draft element or amendment to substantially comply with the Housing Element Law or (B) adopt the draft housing element or amendment without changes and make specified findings as to why the draft element or amendment substantially complies with the Housing Element Law despite the findings of the department. This bill would provide that a housing element or amendment is considered substantially compliant with the Housing Element Law when the local agency has adopted a housing element or amendment, the department or a court of competent jurisdiction determines the adopted housing element or amendment to be in substantial compliance with the Housing Element Law, and the department's compliance findings have not been superseded by subsequent contrary findings by the department or by a decision of a court of competent jurisdiction or the court's decision has not been overturned or superseded by a subsequent court decision or by statute. The bill would provide that these provisions are declaratory of existing law and do not alter the interpretation of the terms "substantially complies" or "substantial compliance" as set forth in Section 44 of Chapter 1009 of the Statutes of 1984. (2) Existing law, the Housing Accountability Act, among other things, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, a housing development project for very low, low-, or moderate-income households unless the local agency makes written findings as to one of certain sets of conditions, as specified. One set of conditions is that (A) the jurisdiction has adopted a housing element that is in substantial compliance with the Housing Element Law, and (B) the jurisdiction has met or exceeded its share of the regional housing need allocation for the planning period for the income category proposed for the housing development project. Existing law subjects a housing development project only to the ordinances, policies, and standards adopted and in effect when a preliminary application was submitted, except as specified. This bill would require a housing element or amendment to be considered in substantial compliance with the Housing Element Law only if the element or amendment was determined to be in substantial compliance when a preliminary application or complete application was submitted, as specified. The bill would provide that this provision is declaratory of existing law.

(1) The Planning and Zoning Law requires a city or county to adopt a general plan for land use development that includes, among other things, a housing element. Existing law requires a city or county to provide by April 1 of each year an annual report to, among other entities, the Department of Housing and Community Development. The annual report is required to include, among other things, the city's or county's progress in meeting its share of regional housing needs, as specified. This bill would require a city or county to include in the report on the progress in meeting the city's or county's share of regional housing need the progress in meeting the need for the 6th and previous revisions of the housing element. (2) Existing law defines various terms for purposes of requirements applicable to the housing element. Under existing law, a housing element is required to include specified information, including an analysis of special housing needs, such as those of the elderly, and quantification of the locality's existing and projected housing needs for all income levels, including extremely low income households, calculated as provided. This bill would define all income levels or all household income levels, acutely low, extremely low, very low, lower, low, moderate, and above moderate income for purposes of requirements applicable to the housing element, and would make related changes. The bill would modify the specified information required to be included in the housing element, including by removing the calculation method for extremely low income households and by specifying acutely and extremely low income households as a special housing need for the 7th and subsequent revisions of the housing element. This bill would require the Department of Housing and Community Development to publish, by December 31, 2026, advisory guidance, including, but not limited to, sample analyses and programs, pertaining to special housing needs for acutely low and extremely low income households and programs to assist in the development of adequate housing to meet the needs of acutely low income households, as specified. The bill would additionally require the Department of Housing and Community Development to publish advisory guidance to be used by each council of governments or delegate subregion, as applicable, to develop a proposed methodology for allocating the regional housing need for acutely low and extremely low income households. (3) Existing law requires the housing element to include an analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including certain policies and procedures that directly impact the cost and supply of residential development. This bill would require the housing element to include an analysis of historical preservation practices and policies and an assessment of how existing and proposed historic designations affect the locality's ability to meet its share of the housing need, as specified. (4) Existing law requires the housing element to include an inventory of land suitable and available for residential development, as specified. Existing law also requires the element to include a program that sets forth a schedule of actions during the planning period that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element, as described, and requires the program to identify actions that will be taken to make sites available during the planning period to accommodate the city's or county's share of the regional housing need for each income level that could not be accommodated on sites on the inventory, as described. Existing law requires the program to assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate-income households. This bill would also require, for the 7th and subsequent revisions of the housing element, the program to assist in the development of adequate housing to meet the needs of acutely low income households. Existing law requires sites to be rezoned, among other things, if the inventory of sites does not identify adequate sites to accommodate the need for groups of all household income levels, as specified, in a manner that accommodates 100% of the need for housing for very low and low-income households, as described. This bill would instead require the inventory accommodate 100% of the need for lower income households. Existing law requires the housing element to identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, among other things. Existing law requires the housing element to contain an assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. This bill would, for a jurisdiction within the coastal zone that has not identified adequate sites to accommodate the locality's housing need for a designated income level, require completion of any necessary local coastal program amendments related to land use designations, changes in intensity of land use, zoning ordinances, or zoning district maps, as specified. (5) Existing law requires, for the 4th and subsequent revision of the housing element, the Department of Housing and Community Development to determine the existing and projected need for housing for each region in a specified manner. Existing law provides that household income levels are to be determined by the department pursuant to specified law relating to very low, low-, moderate-, and above moderate-income households. This bill would, for purposes of the above-described determination with respect to the 7th and subsequent revisions of the housing element, include acutely low and extremely low incomes, and direct the determination to be made in accordance with the definitions for those income levels as set forth in the bill. Existing law also requires, for the 4th and subsequent revision of the housing element, the department to meet and consult with the council of governments regarding the assumptions and methodologies to be used by the department in determining the region's housing needs and requires the council of governments to provide data assumptions from the council's projections, including, if available, specified data for the region. This bill would require the council to provide data regarding the housing needs of individuals and families experiencing homelessness, as specified. (6) Existing law requires, at least 2 years before a scheduled revision, each council of governments, or delegate subregion as applicable, to develop a proposed methodology for distributing the existing and projected regional housing need to cities, counties, and cities and counties within the region or subregion, as specified. Existing law requires the final allocation plan to further specified objectives, including increasing the housing supply and the mix of housing types, tenure, and affordability in all cities and counties within the region in an equitable manner, which results in each jurisdiction receiving an allocation of units for low- and very low income households. Existing law requires the final allocation plan to ensure that the total regional housing need is maintained and that each jurisdiction in the region receives an allocation of units for low- and very low income households, consistent with the development pattern included in the sustainable communities strategy. This bill would require the final regional plan, as an objective, allocate units for extremely low- and acutely low income households in a manner that is roughly proportional to the regional housing need for very low income households, as specified. The bill would require, for the 7th and subsequent revisions of the housing element, the allocation to each region to also include an allocation of units for acutely low and extremely low income households, consistent with the development pattern included in the sustainable communities strategy. (7) Existing law, during a specified timeline, requires the entity that assigned the county's share of regional housing needs to reduce the share of the regional housing needs of a county if certain conditions are met. Existing law, however, reduces the county's share of low-income and very low income housing only in proportion to the amount by which the county's share of moderate- and above moderate-income housing is reduced. This bill would also include, for the 7th and subsequent revisions of the housing element, extremely low and acutely low income housing in this proportional reduction. (8) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. (9) This bill would incorporate additional changes to Section 65400 of the Government Code proposed by AB 2580 and AB 2667 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 65583 of the Government Code proposed by AB 2023 and AB 2667 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 65583.2 of the Government Code proposed by AB 2023 to be operative only if this bill and AB 2023 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 65584.01 of the Government Code proposed by SB 7 to be operative only if this bill and SB 7 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 65584.04 of the Government Code proposed by SB 7 to be operative only if this bill and SB 7 are enacted and this bill is enacted last. (10) By imposing additional requirements on local governments with regard to their housing element, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Existing 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. The Planning and Zoning Law requires the Department of Housing and Community Development (HCD) to determine whether the housing element is in substantial compliance with specified provisions of that law. The Planning and Zoning Law requires HCD to notify a city, county, or city and county, and authorizes HCD to notify the office of the Attorney General, that the city, county, or city and county is in violation of state law if the local government has taken action in violation of specified provisions of law. The Planning and Zoning Law also requires, among other things, that an application for a housing development be subject to a specified streamlined, ministerial approval process if the development satisfies certain objective planning standards. The Planning and Zoning Law requires a city or county to bring its general plan into substantial compliance with provisions regulating general plans and specifies timelines under which the city or county is required to bring its zoning ordinance into consistency if the court finds in favor of a plaintiff in an action challenging the validity of a general plan, or any mandatory element thereof, as specified. This bill, in any action brought by the Attorney General or HCD to enforce the adoption of housing element revisions, as specified, or to enforce any state law that requires a city, county, or local agency to ministerially approve any planning or permitting application related to a housing development project, as specified, would subject the city, county, or local agency to specified remedies, including a civil penalty of, at minimum, $10,000 per month, and not exceeding $50,000 per month, for each violation, as specified. The bill would require that the penalties set forth in its provisions only apply when the local agency's acts or omissions, as described, are arbitrary, capricious, or entirely lacking in evidentiary support, contrary to established public policy, unlawful, or procedurally unfair. The bill would require a court to modify certain of its prior orders, including an order directing a city or county to substantially comply with provisions regulating general plans and to bring its zoning ordinance into consistency, to impose, among other things, the maximum penalty specified in these provisions, as provided. The bill would require these civil penalties, as specified, to be deposited into the Building Homes and Jobs Trust Fund for the sole purpose of supporting the development of affordable housing located in the affected jurisdiction, except as provided, and would require that expenditure of any penalty moneys deposited into the fund under these provisions be subject to appropriation by the Legislature. In the event a city, county, or local agency fails to pay civil penalties imposed by the court, the bill would authorize the court to require the Controller to intercept any available state and local funds and direct those funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction's failure to pay, as specified. The bill would make a related statement of legislative findings and declarations. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

The 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. Existing law, commonly referred to as the Housing Element Law, prescribes requirements for a city's or county's preparation of, and compliance with, its housing element, and requires the Department of Housing and Community Development to review and determine whether the housing element substantially complies with the Housing Element Law, as specified. Existing law, the Housing Accountability Act, among other things, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, a housing development project for very low, low-, or moderate-income households unless the local agency makes written findings as to one of certain sets of conditions, as specified. Among these conditions, the act allows a local agency to disapprove a housing development project that is inconsistent with the jurisdiction's zoning ordinances and general plan land use designation as it existed on the date the application was deemed complete, if the jurisdiction has adopted a revised housing element that is in substantial compliance with the Housing Element Law, as specified. This bill would make various changes to that condition. The bill would specify that a local agency may disapprove or condition approval of a housing development project or emergency shelter, as described above, if the local agency makes written findings that on the date the application for the housing development project or emergency shelter was deemed complete the jurisdiction did not have an adopted revised housing element that was in substantial compliance with the Housing Element Law and the housing development project is not a builder's remedy project, as defined. Existing law defines various terms for purposes of the Housing Accountability Act. Among these terms, the act defines "housing development project" to mean a use consisting of residential units only, mixed-use developments consisting of residential and nonresidential uses with at least 23 of the square footage designated for residential use, or transitional or supportive housing. The act also defines the term "disapprove the housing development project" to include, among other things, any instance in which a local agency votes on a proposed housing development project application and the application is disapproved. The act also defines the term "housing for very low, low-, or moderate-income households," as provided. This bill would revise the definition of "housing development project" to (1) expand the scope of mixed-use developments that qualify under that definition and (2) include farmworker housing, as defined, within that definition. The bill would also revise the definition of "disapprove the housing development project" to (1) include any instance in which a local agency takes final administrative action on the application and the application is disapproved and (2) additionally provide that a local agency disapproves the project if it undertakes specified acts, including failing to cease a course of conduct undertaken for an improper purpose that effectively disapproves the proposed housing development without taking final administrative action if certain conditions are met, and failing to comply with specified law. The bill would also recast the definition of the term "housing for very low, low-, or moderate-income households" to mean housing for lower income households, mixed-income households, or moderate-income households. The bill would add various definitions, including "housing for lower income households," "housing for mixed-income households," and "housing for moderate-income households." Existing law authorizes a development proponent to submit an application for a development subject to a streamlined, ministerial approval process if the development complies with certain objective planning standards, including, among others, that the development is compliant with the maximum density allowed within that land use designation. Existing law, the Affordable Housing and High Road Jobs Act of 2022, until January 1, 2033, authorizes a development proponent to submit an application for a mixed-income housing development that meets specified objective standards and affordability and site criteria, including satisfying specified density thresholds. The act makes a development that meets those objective standards and affordability and site criteria a use by right and subject to a streamlined, ministerial review process. This bill would prescribe requirements that apply to a housing development project that is a builder's remedy project, including that a builder's remedy project is deemed to be in compliance with specified residential density standards and specified objective zoning standards, objective subdivision standards, and objective design review standards necessary for the streamlined, ministerial approval processes described above. By imposing additional duties on local agencies with respect to the review and approval of builder's remedy projects, the bill would impose a state-mandated local program. The Housing Accountability Act authorizes certain persons to bring an action to enforce the act's provisions and requires a court to order certain relief if the court makes certain findings. This bill would require court to order the relief referenced above if the court finds that the local agency violated the builder's remedy project provisions described above. This bill would incorporate additional changes to Section 65589.5 of the Government Code proposed by AB 1413 to be operative only if this bill and AB 1413 are enacted and this bill is enacted last. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

This measure would, among other things, urge the United States Congress and President Joseph R. Biden to fully fund the United States Environmental Protection Agency's Comprehensive Infrastructure Solution for the Tijuana River due to the ongoing impacts to public health, the environment, and the local economy caused by cross-border pollution and would urge President Joseph R. Biden to declare a national emergency due to those ongoing impacts.

(1) Existing law authorizes a peace officer, as defined, or a regularly employed and salaried employee, who is engaged in directing traffic or enforcing parking laws and regulations, of a city, county, or jurisdiction of a state agency in which a vehicle is located, to remove a vehicle located within the territorial limits in which the officer or employee may act, under designated circumstances, including, but not limited to, when a vehicle is found upon a highway or public land or removed pursuant to the Vehicle Code, and has been issued 5 or more notices of parking violations to which the owner or person in control of the vehicle has not responded within a designated time period. Under existing law, a vehicle that has been removed and impounded under those circumstances that is not released may be subject to a lien sale to compensate for the costs of towage and for caring for and keeping safe the vehicle. This bill would delete the authority of a peace officer or public employee, as appropriate, to remove a vehicle under these circumstances. The bill would delete the related authority to conduct a lien sale to cover towing and storage expenses, except as specified. The bill would make various conforming and technical changes. (2) Existing law authorizes a parking citation processing agency, as defined, to collect an unpaid parking penalty by requesting the Department of Motor Vehicles to place a registration hold on the vehicle to which the citations have been issued, or by obtaining a civil judgment against the registered owner of the vehicle, as specified. Existing law requires a processing agency to offer a payment plan for unpaid parking citations to qualified indigent persons, defined as a person whose monthly income is 200 percent or less of the current federal poverty guidelines. This bill would expand the payment plan option to a person whose monthly income is 300 percent or less of the current poverty guidelines. The bill would modify payment plans for low-income persons by removing the deadline to file a request to participate in a payment plan, allowing automatic payments, and reducing the total amount due for penalties so that it can be paid off within 24 months, as specified. The bill would give a low-income person who falls out of compliance with a payment plan at least 4 extensions to resume payments, as specified. The bill would require a processing agency to establish a process to have an unpaid parking penalty waived for a vehicle if the registered owner was in custody in a juvenile facility, county jail, or state prison when the penalty was pending. The bill would require the processing agency to provide a payment plan option for persons who do not qualify as low income. The bill would require the processing agency to mail a courtesy warning notice to the registered vehicle owner that contains information about the payment program, as specified. Existing law authorizes an issuing officer or agency to make a determination, in the interest of justice, to cancel a notice of parking violation within 21 days of the notice being secured to the vehicle. This bill would remove the 21-day time limitation described above. Existing law authorizes penalties for specified parking violations to be paid in installments if the issuing agency determines the violator is unable to pay the entire amount in one payment. This bill would further authorize an issuing agency to reduce or waive the parking penalty if the violator provides evidence satisfactory to the issuing agency of an inability to pay the parking penalty in full. This bill would incorporate additional changes to Section 22651 of the Vehicle Code proposed by AB 1978 to be operative only if this bill and AB 1978 are enacted and this bill is enacted last.

This measure would urge the Congress of the United States to repeal the state and local tax deduction limitation so that residents of California and married taxpayers are no longer penalized by the federal tax code.

Maddy summaryAssembly Concurrent Resolution 120 designates January 2024 as Positive Parenting Awareness Month in California. This measure does not change laws or allocate funding but instead encourages state agencies, communities, and organizations to focus on the importance of positive parenting strategies. The resolution highlights how supportive family environments can improve children's health and well-being while acknowledging the diverse forms families take in the state. It serves as a formal acknowledgment of existing programs and resources rather than creating new mandates or policies.

This measure would proclaim September 20, 2024, and September 20 of each year thereafter, as California Youth Climate Action Day to honor and support the efforts of young people in their pursuit of environmental sustainability, climate justice, and the preservation of biodiversity.

Existing law requires the Secretary of Government Operations to develop a coordinated plan to, among other things, investigate the feasibility of, and obstacles to, developing standards and technologies for state departments to determine digital content provenance. For the purpose of informing that coordinated plan, existing law requires the secretary to evaluate, among other things, the impact of the proliferation of deepfakes, as defined. This bill, the California Digital Content Provenance Standards, would require a generative artificial intelligence (AI) provider, as provided, to, among other things, apply provenance data to synthetic content produced or significantly modified by a generative AI system that the provider makes available, as those terms are defined, and to conduct adversarial testing exercises, as prescribed. The bill would prohibit, among other things, providers and distributors of software and online services from making available a system, application, tool, or service that is designed for the primary purpose of removing provenance data from synthetic content, as provided. This bill would require a newly manufactured recording device sold, offered for sale, or distributed in California to offer users the option to apply difficult to remove provenance data to nonsynthetic content produced by that device and would require the application of that provenance data to be compatible with state-of-the-art adopted and relevant industry standards. If technically feasible and secure, the bill would require a recording device manufacturer to offer a software or firmware update enabling a user of a recording device manufactured before July 1, 2026, and purchased in California to apply difficult to remove provenance data to the nonsynthetic content created by the device and decode any provenance data attached to nonsynthetic content created by the device. This bill would require a large online platform, as defined, capable of disseminating specified content to use labels to disclose, as specified, any machine-readable provenance data detected in synthetic content that is distributed on its platform. If content uploaded to or distributed on a large online platform by a user does not contain specified provenance data or if the content's provenance data cannot be interpreted or detected, the bill would require a large online platform to label the content as having unknown provenance. The bill would require a large online platform to use a visual disclosure that contains specified information, including the copyrightholder or licensor information, when labeling and disclosing provenance data of sound recordings and music videos. Beginning July 1, 2026, and annually thereafter, this bill would require a large online platform to produce a transparency report that identifies moderation of deceptive synthetic content on their platform and would authorize that report to include, among other things, instances where synthetic or potentially deceptive content was identified and removed by the platform, as applicable. This bill would authorize the Department of Technology (department) to assess specified administrative penalties for prescribed violations of the bill's provisions, including an administrative penalty of up to $100,000 for each violation that is intentional or is the result of grossly negligent conduct, to be deposited in the Digital Content Provenance Administrative Fund which the bill would establish in the State Treasury. The bill would, upon appropriation by the Legislature for this express purpose, authorize the expenditure of moneys in the fund by the department to administer these provisions. This bill would make its provisions operative on July 1, 2026.