Existing law, the Housing Accountability Act, prohibits a local agency from disapproving a housing development project, as described, unless it makes certain written findings based on a preponderance of the evidence in the record. The act defines "disapprove the housing development project" as including any instance in which a local agency either votes and disapproves a proposed housing development project application, including any required land use approvals or entitlements necessary for the issuance of a building permit, or fails to comply with specified time periods. Existing law, the California Environmental Quality Act (CEQA) , requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that the lead agency proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if the lead agency finds that the project will not have that effect. This bill, until January 1, 2031, would define "disapprove the housing development project" as also including any instance in which a local agency fails to make a determination of whether the project is exempt from CEQA or commits an abuse of discretion, as specified, or fails to adopt a negative declaration or addendum for the project, to certify an environmental impact report for the project, or to approve another comparable environmental document, if certain conditions are satisfied. Among other conditions, the bill would require a housing development project subject to these provisions to be located on a legal parcel or parcels within an urbanized area and to meet one or more of specified criteria, and to meet or exceed 15 dwelling units per acre. By imposing additional duties on local officials, the bill would create a state-mandated local program. Existing law requires a petition to enforce the Housing Accountability Act to be brought pursuant to a specified procedure and be filed no later than 90 days from the effective date of a decision of the local agency imposing conditions on, disapproving of, or any other final action taken on a housing development project. This bill, until January 1, 2031, would provide that a local agency's failure to make a determination that the project is exempt from CEQA, abuse of discretion, as defined, or failure to adopt, approve, or certify a negative declaration, addendum, environmental impact report, or comparable environmental review document, is deemed final for purposes of filing a petition to enforce the provisions of the act if the local agency did not make a final decision on whether to approve or disapprove a statutory or categorical exemption or a negative declaration, addendum, environmental impact report, or comparable environmental review document under CEQA, as specified, within a specified time period of the applicant's notice. 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.
Sponsored bills
(1) Existing law, the San Francisco Bay Area Regional Housing Finance Act, establishes the Bay Area Housing Finance Agency 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. Existing law requires the Bay Area Housing Finance Authority and executive board of the Association of Bay Area Governments to form an advisory committee composed of 9 representatives with knowledge and experience in the areas of affordable housing finance and development, tenant protection, and housing preservation. This bill would require the authority and executive board to form an advisory committee composed of at least 9 and no more than 11 representatives with knowledge and expertise in the areas of affordable housing finance, construction workforce, and development, tenant protection, and housing preservation. The act provides the authority with various powers, including the power to place a measure on the ballot to raise revenue and allocate funds throughout the San Francisco Bay area, apply for and receive grants or loans from public and private entities, incur and issue bonds and other indebtedness, and otherwise incur liabilities or obligations. The act authorizes the authority to allocate and deploy financing to cities, counties, other public agencies within the San Francisco Bay area and private affordable housing developers to finance affordable housing development, as specified. This bill would specify that the authority is limited to placing only one measure on the ballot per election. The bill would also authorize the authority to deploy financing to nonprofit corporations to finance affordable housing development, as specified. Existing law authorizes a city or county, or an agency created pursuant to a joint powers agreement, to issue revenue bonds to defray the costs of acquiring home mortgages or making loans to lending institutions in order to enable them to make home mortgages, and the costs of studies and surveys, insurance premiums, underwriting fees, legal, accounting and marketing services incurred in connection with the issuance and sale of bonds, as specified. This bill would authorize the authority to issue mortgage revenue bonds, pursuant to provisions described above; acquire, hold, develop, operate, and dispose of real property; and create one or more California limited liability companies of which the authority is the sole member. (2) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. This bill would exempt from CEQA any actions taken by the authority to raise, administer, or allocate funding for tenant protection, affordable housing preservation, or new affordable housing production or to provide technical assistance consistent with the authority's purpose. (3) Existing law authorizes the executive board of the authority to impose a commercial linkage fee, as defined, in an amount not to exceed ten dollars ($10) per square foot, within the San Francisco Bay area, as specified. Existing law requires the expenditures of proceeds from a commercial linkage fee be limited to affordable housing production, preservation, and tenant protection programs. This bill would authorize the expenditures of proceeds from a commercial linkage fee to include the authority's related administrative costs. (4) The act defines "authority revenues" to include, without limitation, revenues generated by any special tax, fee, or charge imposed by the authority, other than ad valorem property taxes. Existing law, the Revenue Bond Law of 1941, requires a local agency to annually publish a summary statement showing, among other things, the amount of gross revenues from revenue bonds. This bill would revise and recast the definition of "authority revenue" to also include loan repayments, investment income, or income derived from the ownership or operation of real property. The bill would provide for prioritization of spending of authority revenues. The bill would require the authority to publish the above-described summary statement not more than 9 months after the close of each fiscal year. (5) Existing law requires the authority to distribute regional housing revenue, as defined, in the form of a grant, loan, or other financing tool in a manner that achieves certain minimum shares over 5-year periods. In this regard, existing law requires 5% of those regional housing revenues for tenant protection programs for low- and moderate-income households, which includes, among other things, preeviction and eviction legal services and providing emergency rental assistance for lower income households. This bill would include homelessness prevention services, as specified, as an eligible expense under tenant protection programs for low- and moderate-income households. (6) Existing law requires the authority to distribute funds received through the authorized funding measures according to specified provisions, which in part require each county to adopt a county expenditure plan applicable to county housing revenue. Existing law requires, in order for the expenditure plan to be deemed complete, the expenditure plan to specify, among other things, a description of any specific project or program proposed to receive funding. This bill would additionally require the plan to demonstrate that the county has consulted with each city in the county, excluding cities that receive a direct allocation. (7) Existing law requires, if the authority proposes a measure that will generate revenues and that requires voter approval, the board of supervisors of the relevant county or counties to call a special election on the measure. Existing law requires each county included in the measure to use the exact ballot question, impartial analysis, and summary of the expenditure plan provided by the authority. Existing law requires these materials to include, among other things, an estimate of the number of affordable housing units to be built or preserved by household income category served, and a description of any specific projects planned to be funded. This bill would instead require each county included in the measure to use the election materials provided by the authority, including the exact ballot question, impartial analysis, and full text of the ballot measure for inclusion in the voter information pamphlet. The bill would make conforming changes. By changing the duties of local officials with respect to elections procedures for revenue measures on behalf of the authority, this bill would impose a state-mandated local program. (8) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law, the Planning and Zoning Law, authorizes a local agency, by ordinance or ministerial approval, to provide for the creation of accessory dwelling units in areas zoned for residential use, as specified. Existing law requires the ordinance to include specified standards, including prohibiting the accessory dwelling unit from being sold or otherwise conveyed separate from the primary residence, except as provided by a specified law. Existing law, notwithstanding the prohibition described above, requires a local agency to allow an accessory dwelling unit to be sold or conveyed separately from the primary residence to a qualified buyer if certain conditions are met, including that the property was built or developed by a qualified nonprofit corporation and that the property is held pursuant to a recorded tenancy in common agreement that meets specified requirements. This bill would, in addition, authorize a local agency to adopt a local ordinance to allow the separate conveyance of the primary dwelling unit and accessory dwelling unit or units as condominiums, as specified, and would make conforming changes. By imposing new duties on local governments with respect to the approval of accessory dwelling units, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would also make a related statement of legislative findings and declarations. This bill would incorporate additional changes to Section 65852.2 of the Government Code proposed by AB 976 to be operative only if this bill and AB 976 are enacted and this bill is enacted last.
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. Existing 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. Existing law authorizes a local agency to require an accessory dwelling unit to be used for rentals of terms longer than 30 days. This bill, instead, would authorize a local agency to require terms that are 30 days or longer. Existing law, beginning January 1, 2025, authorizes a local agency to impose an owner-occupancy requirement on an accessory dwelling unit, provided that the accessory dwelling unit was not permitted between January 1, 2020, and January 1, 2025. This bill would instead prohibit a local agency from imposing an owner-occupancy requirement on any accessory dwelling unit. This bill would incorporate additional changes to Section 65852.2 of the Government Code proposed by AB 1033 to be operative only if this bill and AB 1033 are enacted and this bill is enacted last.
Existing law regulates the terms and conditions of residential tenancies, and prohibits a landlord from demanding or receiving security for a rental agreement for residential property, however denominated, in an amount or value in excess of an amount equal to 2 months' rent, in the case of unfurnished residential property, and an amount equal to 3 months' rent, in the case of furnished residential property, in addition to any rent for the first month paid on or before initial occupancy. This bill would, beginning July 1, 2024, instead prohibit a landlord from demanding or receiving security for a rental agreement for residential property in an amount or value in excess of an amount equal to one month's rent, regardless of whether the residential property is unfurnished or furnished, in addition to any rent for the first month paid on or before initial occupancy. The bill, unless the prospective tenant is a service member, as defined, would prohibit a landlord from demanding or receiving security for a rental agreement for residential property in an amount or value in excess of 2 months' rent, in addition to any rent for the first month, if the landlord (1) is a natural person or a limited liability corporation in which all members are natural persons and (2) owns no more than 2 residential rental properties that collectively include no more than 4 dwelling units offered for rent.
Existing law establishes the jurisdiction of the juvenile court, which may adjudge a child to be a dependent of the court under certain circumstances, including when the child suffered, or there is a substantial risk that the child will suffer, serious physical harm or illness as a result of the failure or inability of their parent or guardian to adequately supervise or protect the child. Existing law requires the court to make a determination, throughout various hearings in the juvenile dependency process, including at the 6-month review hearing, the 12-month permanency hearing, and subsequent permanency review hearings, as to whether the return of the child to their parent or legal guardian would create a substantial risk of detriment to the safety, protection, or physical or emotional well-being of the child. Under existing law, the failure of the parent or legal guardian to participate regularly and make substantive progress in court-ordered treatment programs is considered prima facie evidence at these hearings that return would be detrimental. This bill would delete these provisions requiring the failure of the parent or legal guardian to participate regularly and make substantive progress in court-ordered treatment programs to be considered prima facie evidence at specified review hearings. This bill would incorporate additional changes to Section 366.22 of the Welfare and Institutions Code proposed by AB 937 to be operative only if this bill and AB 937 are enacted and this bill is enacted last.
Existing law authorizes the Department of Corrections and Rehabilitation to maintain canteens at its facilities, as specified. Existing law requires the sale prices of the articles offered for sale to be fixed by the Director of Corrections at the amounts that will, as far as possible, render each canteen self-supporting. This bill would instead require the department to maintain a canteen at its active facilities, as specified. The bill would, until January 1, 2028, prohibit the sale prices of the articles offered for sale from exceeding a 35% markup above the price of the articles paid to the vendors. The bill would, commencing on January 1, 2028, require the sale amounts of the articles to be offered for sale to be fixed by the secretary at amounts that will render each canteen self-supporting.
Existing law, subject to an appropriation, requires the Department of Justice, on a monthly basis, to review the records in the statewide criminal justice databases and identify persons who are eligible for automatic conviction record relief. Under existing law, a person is eligible for automatic conviction record relief if, on or after January 1, 1973, they were sentenced to probation, and completed it without revocation, or if they were convicted of an infraction or a misdemeanor, and other criteria are met, as specified. Existing law, commencing July 1, 2024, and subject to an appropriation, generally makes this arrest record relief available to a person who has been arrested for a felony, including a felony punishable by imprisonment in the state prison, as specified. This bill would, commencing July 1, 2024, require the department to provide confirmation that relief was granted upon request from the subject of the record. The bill would make other technical changes.
Existing law establishes various holidays in this state, including Lunar New Year. Existing law requires community colleges to close on specified holidays, including February 12, known as "Lincoln Day," and the third Monday in February, known as "Washington Day." Existing law entitles certain community college employees to be given time off with pay for specified holidays, including for Lincoln Day and Washington Day. This bill would authorize the governing board of a community college district, pursuant to a memorandum of understanding, to replace closing on Lincoln Day or Washington Day with the date corresponding with the second new moon following the winter solstice, or the third new moon following the winter solstice should an intercalary month intervene, known as "Lunar New Year." The bill would require that certain community college employees, in lieu of a paid holiday for Lincoln Day or Washington Day, receive a paid holiday for the Lunar New Year if the governing board of the community college replaces closing on Lincoln Day or Washington Day with closing on Lunar New Year.
Existing law, the Boxing Act, also known as the State Athletic Commission Act, creates within the Department of Consumer Affairs the State Athletic Commission. Under existing law, the commission has sole direction, management, control of, and jurisdiction over all professional and amateur boxing and kickboxing, all forms and combinations of full contact martial arts contests, including mixed martial arts, and matches or exhibits conducted, held, or given within California. Existing law authorizes the commission to license professional and amateur boxers, professional and amateur martial arts fighters, booking agents, managers of professional boxers and professional martial arts fighters, trainers, chief seconds, and seconds of each. Existing law prohibits a person from participating in any contest, or serving in the capacity of a booking agent, manager, trainer, or second, unless the person has been licensed for that purpose by the commission. Existing law establishes the Boxers' Pension Fund, a retirement fund under the exclusive control of the commission, that is funded by an assessment on tickets that is transferred to the commission following a contest or wrestling exhibition, as prescribed, and by contributions by boxers, managers, promoters, or any one or more of these persons. Existing law requires all moneys in the Boxers' Pension Fund to be continuously appropriated to be used exclusively for the purposes and administration of the pension fund. Existing law prohibits any moneys with the Boxers' Pension Fund from being deposited or transferred to the general fund. This bill would, among other things, require the commission to establish the Mixed Martial Arts Retirement Benefit Fund (MMA Fund) and would continuously appropriate the moneys in the MMA Fund to be used exclusively for the purposes and administration of the MMA Fund. The bill would require the commission to establish a method for financing the MMA Fund, including by a specified assessment on tickets to events under the commission's jurisdiction, by revenue generated through the sale of special interest license plates and other commission-branded items, including, but not limited to, sport paraphernalia and souvenirs, and by contributions from mixed martial artists, managers, promoters, or any one or more of these persons. The bill would require a participating martial artist, as defined, to become vested in the amount credited to the participating martial artist's regular account in the MMA Fund when the participating martial artist has fought in at least 39 scheduled rounds in a commission-sanctioned professional mixed martial art contest held in the state and would prohibit a participating martial artist from being entitled to distribution of the funds held in the participating martial artist's regular account until the participating martial artist is at least 50 years of age. The bill would require contributions to finance the MMA Fund to be allocated to each participating martial artist's regular account on the last day of the MMA Fund year, as specified. The bill would authorize the commission to award an early retirement benefit to a participating martial artist, who has vested in the MMA Fund but is younger than 50 years of age, for vocational, education, training, or medical need in the amount contained in the participating martial artist's regular account, as specified. The bill would require information submitted by or to a participating martial artist pursuant to that early retirement benefit provision to be confidential and not subject to public disclosure unless, among other things, the participating martial artist, in writing, waives the confidentiality of information submitted to the commission. The bill would also authorize a participating martial artist to designate one or more beneficiaries of the martial artist's benefits from the MMA Fund upon the death of the participating martial artist, as prescribed. The bill would require a form submitted by a participating martial artist to the commission or its designee pursuant to that provision, including a beneficiary designation, to be confidential and not subject to public disclosure, except as specified. This bill would require the commission to notify any participating martial artist eligible to receive benefits from the MMA Fund of certain information when the right to receive those benefits vests in that martial artist, including the date upon which the martial artist will first be able to claim benefits from the MMA Fund or will first be able to convert all, or a portion of, those benefits to an early medical or early vocational retirement benefit. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.