This measure would honor the late Reverend Dr. Martin Luther King, Jr. and commemorate Dr. Martin Luther King, Jr. Day.
(1) The Planning and Zoning Law requires counties and cities to adopt a comprehensive, long-term plan for the physical development of the county or city and certain land outside its boundaries that includes, among other specified mandatory elements, a housing element. That law, for the fourth and subsequent revisions of the housing element, requires the Department of Housing and Community Development to determine the existing and projected need for housing for each region in accordance with specified requirements. That law requires the appropriate council of governments, or, for cities and counties without a council of governments, the department, to adopt a final regional housing need allocation plan that allocates a share of the regional housing need to each city, county, or city and county and is consistent with specified objectives, including that the plan increase the housing supply and the mix of housing types, tenure, and affordability in all cities and counties within the region in an equitable manner. Existing law defines the term "household income levels" for purposes of these provisions. This bill would revise the objectives required to be addressed in the regional housing needs allocation plan and additionally require the plan to include an objective to increase access to areas of high opportunity for lower-income residents, while avoiding displacement and affirmatively furthering fair housing. The bill would also define the term "areas of high opportunity for lower-income residents" for purposes of these provisions. (2) Existing law requires actions by local agencies related to the regional housing needs allocation plan to be consistent with those specified objectives. The bill would instead require various actions by local agencies related to the regional housing needs allocation plan to further the objectives required to be addressed by the plan. (3) Existing law requires the 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 applicable, that is consistent with specified objectives. Existing law requires the council of governments or delegate subregion as applicable, to provide the proposed methodology, along with any relevant underlying data and assumptions, an explanation of how information about local government conditions gathered has been used to develop the proposed methodology, and how each of the factors required to be addressed by the regional housing needs allocation plan is incorporated into the methodology, to all cities, counties, any subregions, and members of the public who have made a written request for the proposed methodology. This bill would require the council of governments or delegate subregion as applicable, to additionally provide, along with the proposed methodology, an explanation of how the proposed methodology furthers the objectives required to be addressed by the regional housing needs allocation plan. The bill would authorize members of the public to make an electronic request for the proposed methodology and accompanying materials, and would require the information and any other supporting materials used in determining the methodology to be published on the council of governments' or delegate subregion's Internet Web site. (4) Existing law, for cities and counties without a council of governments, requires the department to determine and distribute the existing and projected housing need, but authorizes the department to delegate this responsibility to cities and counties if certain requirements are met. This bill would provide that statutory changes enacted after the date the department issued a final determination of the distribution of the existing and projected housing needs is not a basis for a revision of the final determination. (5) Existing law requires each council of governments or delegate subregion as applicable, to include specified factors to develop the methodology that allocates regional housing needs, including, among others, each member jurisdiction's existing and projected jobs and housing relationship, the market demand for housing, and high housing cost burdens, as specified. This bill would require each council of governments or delegate subregion to develop the proposed methodology in consultation with the department. The bill would revise these factors, and additionally require the council of governments or delegate subregion, as applicable, to consider the rate of overcrowding and the percentage of existing households at each specified income level that are paying more than 30% and more than 50% of their income in rent. (6) Existing law requires each council of governments, no more than 6 months prior to the development of a proposed methodology for distributing the existing and projected housing need, to survey each of its member jurisdictions to request, at a minimum, information regarding those factors that will allow the development of a methodology. This bill would require the survey to review and compile information relating to the objective of affirmatively furthering fair housing, as specified. The bill would require the council of governments to electronically report the results of the survey, as specified. (7) Existing law requires the council of governments, or delegate subregions, as applicable, to identify any existing local, regional, or state incentives available to those local governments that are willing to accept a higher share than proposed in the draft allocation, as specified. This bill would repeal this provision. (8) Existing law requires the council of governments, or delegate subregion, as applicable, following the 60-day public comment period, to adopt a final regional, or subregional, housing need allocation methodology and provide notice of the adoption of the methodology to the jurisdictions within the region, or delegate subregions, as applicable, and to the department. This bill would instead require the council of governments, or delegate subregion, as applicable, following the public comment period, to publish a draft allocation methodology on its Internet Web site and submit the draft allocation methodology to the department. The bill would require the department to determine whether the methodology furthers the objectives described above. If the department determines that the methodology does not further the objectives, the bill would require the council of governments, or delegate subregion, as applicable, to take specified actions with respect to the housing need allocation methodology, including providing notice to the jurisdictions or applicable subregions and publishing the adopted allocation methodology on its Internet Web site. (9) Existing law requires each council of governments or delegate subregion, as applicable, to distribute a draft allocation of regional housing needs to each local government within the region or subregion, as provided, at least 1.5 years prior to the scheduled revision of its housing element. Existing law authorizes a local government to request from the council of governments or delegate subregion, as applicable, a revision of its share of the regional housing need, in accordance with specified factors, within 60 days following receipt of the draft allocation. Under existing law, if the council of governments or delegate subregion, as applicable, does not accept the proposed revised share or modify the revised share to the satisfaction of the requesting party, the local government may appeal its draft allocation based on specified criteria. This bill would instead authorize a local government within the region or the delegate subregion, as applicable, or the department to, within 45 days of receipt of the draft allocation, appeal to the council of governments or the delegate subregion for a revision of the share of the regional housing need proposed to be allocated to one or more local governments. The bill would specify criteria for the appeal and would require the local council of governments or the delegate subregion, as applicable, to notify all other local governments of all appeals, as specified. The bill would require the council of governments or the delegate region, as applicable, to hold a public hearing and consider comments received regarding the appeal. The bill would then require the council of governments or the delegate subregion, as applicable, to make a final determination on the appeal and issue a final allocation plan, as specified. (10) Existing law, for the 4th and subsequent revisions of the housing element, requires the department to determine the existing and projected need for housing for each region, as provided, and requires the appropriate council of governments, or for cities and counties without a council of governments, the department, to adopt a final regional housing need plan allocating a share of the regional housing need to each city, county, or city and county. Existing law requires the department to meet and consult with the council of governments regarding the assumptions and methodology to be used by the department to determine the region's housing needs and requires the council of governments to provide data assumptions, including specified information regarding housing availability within the region. This bill would require that the information provided by the council of governments include the loss of units during a state of emergency, as defined, that was declared by the Governor pursuant to the California Emergency Services Act, during the planning period immediately preceding the relevant revision of the housing element that have not been rebuilt or replaced at the time of the data request. (11) Existing law requires the 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 applicable, that is consistent with specified objectives. Existing law, to the extent that sufficient data is available as provided, requires each council of governments, or delegate subregion as applicable, to include specified factors to develop the methodology that allocates regional housing needs. This bill would require that these factors include the loss of units during a state of emergency, as defined, that was declared by the Governor pursuant to the California Emergency Services Act during the planning period immediately preceding the relevant revision of the housing element that have yet to be rebuilt or replaced at the time of the analysis. (12) This bill would incorporate additional changes to Sections 65584, 65584.01, and 65584.04 of the Government Code proposed by SB 828 to be operative only if this bill and SB 828 are enacted and this bill is enacted last. (13) By adding to the duties of councils of governments and delegate subregions with respect to the distribution of regional housing need, 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 requires the Division of Off-Highway Motor Vehicle Recreation of the Department of Parks and Recreation to develop and implement a grant and cooperative agreement program to support the planning, acquisition, development, maintenance, administration, operation, enforcement, restoration, and conservation of trails, trailheads, areas, and other facilities associated with the use of off-highway motor vehicles, and programs involving off-highway motor vehicle safety or education. This bill would require the Director of Parks and Recreation to establish the Outdoor Equity Grants Program, to increase the ability of underserved and at-risk populations to participate in outdoor environmental educational experiences at state parks and other public lands where outdoor environmental education programs take place. The bill would require the director to, among other things, give priority for funding to outdoor environmental education programs that primarily provide outreach to and serve students who are eligible for free or reduced-price meals, foster youth, or pupils of limited English proficiency, as provided. The bill would authorize the director to accept private funds to support the program. The bill would establish the California Outdoor Equity Account in the State Parks and Recreation Fund and would require any private funds donated for the program and any funds appropriated by the Legislature for purposes of the program to be deposited into the account. The California Coastal Act of 1976 (coastal act) requires any person wishing to perform or undertake any development in the coastal zone, as defined, to obtain a coastal development permit, except as provided. Existing law establishes the State Coastal Conservancy and prescribes its membership and responsibilities relating to the protection, preservation, and enhancement of coastal lands within the conservancy's jurisdiction. Existing law establishes the Coastal Access Account in the State Coastal Conservancy Fund and authorizes the conservancy to expend funds in the account, upon appropriation by the Legislature in the annual Budget Act, to pay for the development, maintenance, and operation of facilities that provide public access to the shoreline. The coastal act requires every person receiving a coastal development permit or a certificate of exemption for development on any vacant lot within specified designated areas, prior to commencement of construction, to pay to the California Coastal Commission for deposit in the Coastal Access Account an in-lieu public access fee, with the amount of the fee determined by specified costs of acquisition, as provided. This bill would delete the requirement, for purposes of this provision, that a coastal development permit or a certificate of exemption for development apply on any vacant lot within a designated area. The coastal act, for purposes of the above provisions governing the in-lieu public access fee amount and with respect to the Hollister Ranch public access program in the County of Santa Barbara, requires that the Hollister Ranch in-lieu fee for public access be $5,000 for each permit. The coastal act also requires that all in-lieu fees received pursuant to those provisions be deposited in the State Coastal Conservancy Fund and be available for appropriation to the conservancy for specified conservancy purposes. This bill would require that all past, present, and future in-lieu fees received pursuant to those provisions, as well as other moneys received by the State Coastal Conservancy for providing public access at Hollister Ranch from public and private sources, including nonprofit sources, be deposited in the Hollister Access Management Subaccount, which the bill would create in the fund, and used for any action necessary to implement the 1982 adopted coastal access program for the Hollister Ranch. Existing law, the Kapiloff Land Bank Act, creates the Land Bank Fund and continuously appropriates moneys in the fund, subject to a statutory trust, to the State Lands Commission, acting as the Land Bank Trustee, to acquire real property or any interest in real property for the purposes of public trust title settlements. Existing law requires that moneys in the fund be available for expenditure by the trustee to purchase outstanding interests in land where the public use and ownership of the land is necessary or extremely beneficial for furtherance of public trust purposes. Existing law authorizes acquisitions by negotiated agreement with the owner of the outstanding interests and specifies that the act is not intended to confer any authority to exercise the power of eminent domain for its purposes. This bill would create the Hollister Ranch Subaccount in the fund, and would require moneys received by the State Lands Commission from public and private sources, including nonprofit sources, to be used for the implementation of the 1982 adopted coastal access program for Hollister Ranch to be deposited into that subaccount and, upon appropriation by the Legislature, expended by the State Lands Commission for prescribed purposes. The bill would also authorize the State Lands Commission to transfer moneys from the fund to the subaccount, in an amount not to exceed $1,000,000, for expenditure for those purposes. Existing law states it is the intent of the Legislature that the State Coastal Conservancy and the State Public Works Board utilize their authority to implement specified public access policies and provisions at the Hollister Ranch in the County of Santa Barbara as expeditiously as possible. This bill would additionally state the intent of the Legislature that all other relevant state agencies, boards, and commissions utilize their authority to implement specified public access policies and provisions at the Hollister Ranch in the County of Santa Barbara as expeditiously as possible. This bill would make legislative findings and declarations as to the necessity of a special statute for Hollister Ranch.
Existing law generally provides for the confidentiality of information regarding a minor in proceedings in the juvenile court and related court proceedings and limits access to juvenile case files. Existing law authorizes only certain individuals to inspect a juvenile case file, including, among others, the minor, his or her parents or guardian, and the attorneys for the parties, judges, referees, other hearing officers, probation officers, and law enforcement officers who are actively participating in criminal or juvenile proceedings involving the minor. Existing law also authorizes some of those individuals to receive copies of the case file. Existing law requires a person who is seeking access to a juvenile case file that is privileged or confidential pursuant to any other state or federal law and who is not entitled to access the record to petition the juvenile court for access. This bill would authorize an individual who is not generally authorized pursuant to specified provisions to inspect juvenile case files but received authorization from the juvenile court pursuant to a specified petition process, and who files a notice of appeal or petition for writ challenging a juvenile court order or who is a respondent in that appeal or real party in interest in that writ proceeding, for purposes of that appeal or writ proceeding, to inspect and copy any records in a juvenile case file to which the individual was previously granted access by the juvenile court. The bill would require the Judicial Council to adopt rules to implement these provisions.
Existing law imposes certain obligations in the context of particular transactions, and provides mechanisms to enforce those obligations. This bill would enact the California Internet Consumer Protection and Net Neutrality Act of 2018. This act would prohibit fixed and mobile Internet service providers, as defined, that provide broadband Internet access service, as defined, from engaging in specified actions concerning the treatment of Internet traffic. The act would prohibit, among other things, blocking lawful content, applications, services, or nonharmful devices, impairing or degrading lawful Internet traffic on the basis of Internet content, application, or service, or use of a nonharmful device, and specified practices relating to zero-rating, as defined. It would also prohibit fixed and mobile Internet service providers from offering or providing services other than broadband Internet access service that are delivered over the same last-mile connection as the broadband Internet access service, if those services have the purpose or effect of evading the above-described prohibitions or negatively affect the performance of broadband Internet access service.
(1) Existing law establishes the San Francisco Bay Area Rapid Transit District (BART) with various powers and duties and establishes a board of directors as the legislative body of the district. Existing law requires the board to determine all questions of district policy and what transit facilities should be acquired or constructed, and authorizes the board to establish zones within the district to undertake the acquisition or construction of any transit facilities. This bill would require the board to adopt by ordinance new transit-oriented development (TOD) zoning standards for each station that establish minimum local zoning requirements for height, density, parking, and floor area ratio only, that apply to an eligible TOD project, as defined. The bill would require that the adoption of, or amendments to, the TOD zoning standards comply with specified requirements and would require affected local jurisdictions to adopt a local zoning ordinance that conforms to the TOD zoning standards and is operative within 2 years of the date that the TOD zoning standards are adopted by the board for a station, or by July 1, 2022, if the board has not adopted TOD zoning standards for the station. The bill would provide that BART's approval of TOD zoning standards is subject to California Environmental Quality Act (CEQA) review and would designate BART as the lead agency for CEQA review, as specified. This bill would, where local zoning remains inconsistent with the TOD zoning standards after July 1, 2022, require the TOD zoning standards to become the local zoning for any BART-owned parcels that are at least 75% within 12 mile of any existing or planned BART station entrance within the BART district in areas represented on the board, as specified. The bill would require BART to ensure any otherwise applicable local design standards are included as general guidance to the TOD developer, and would require a TOD developer to adhere to any applicable local design standards insofar as those standards do not prohibit the minimum height, minimum density, minimum floor area ratio, and maximum parking allowances required by the TOD zoning standards. The bill would require that, where housing is proposed as part of a TOD project, a certain minimum of residential housing units is affordable housing, as specified, and that the construction of the TOD project complies with specified labor requirements. The bill would provide that when BART enters into an exclusive negotiating agreement with a developer for development of an eligible TOD project, that agreement shall confer a vested right to proceed with development, as specified. The bill would provide that its provisions are repealed on January 1, 2029, except as otherwise specified. The bill would enact other related provisions and exceptions. By increasing the duties of local public officials, the bill would impose a state-mandated local program. (2) The bill would include legislative findings and declarations in support of the act being a matter of statewide concern. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, 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.
