Asm. Blanca Pacheco

Existing law makes it a crime to willfully threaten to commit a crime that will result in death or great bodily injury to another person, with the specific intent that the statement is to be taken as a threat that, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened a gravity of purpose and an immediate prospect of execution of the threat, and thereby reasonably causes the threatened person to be in sustained fear for their own safety or the safety of their immediate family, as defined. Under existing law, this crime is punishable as a misdemeanor or in state prison as a felony. This bill would, for the purposes of sentencing for a felony violation of these provisions, authorize the court to consider, as a factor in aggravation, that the defendant willfully threatened to commit a crime that would result in the death or great bodily injury of a person the defendant knew was a state constitutional officer, a Member of the Legislature, or a judge or court commissioner, as specified.

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 require, on and after January 1, 2027, for a project, located in a geographic area for which the Governor declared a state of emergency on or after January 1, 2023, that is to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed by wildfire, and the project is not otherwise exempt from CEQA, as specified, the lead agency to prepare the record of proceeding concurrently with the administrative process. The bill would also require an action or proceeding brought to attack, review, set aside, void, or annul the certification of an environmental impact report, or the adoption of a negative declaration or mitigated negative declaration, for the project to be resolved, to the extent feasible, within 270 calendar days of the filing of the certified record of proceedings. The bill would require an applicant to agree to pay the costs of the trial court and court of appeal in hearing and deciding any action or proceeding brought under these provisions, as provided. The bill would require the Judicial Council to adopt rules of court to implement these requirements. The bill would require the project to be consistent with the applicable zoning and land use ordinances. By requiring a lead agency to prepare the record of proceedings concurrently with the administrative process, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law defines the crime of burglary as entering specified buildings, places, or vehicles with the intent to commit grand or petty theft or a felony. Existing law clarifies that a structure designed for habitation is being used for dwelling purposes if, at the time of the burglary, it was not occupied solely because a disaster caused the occupants to leave the premises. This bill would specify that neither the fact that the structure entered has been damaged by a natural or other disaster, nor the extent of the damage, shall preclude conviction. Existing law defines looting as the commission of certain offenses during and within an affected county in a state of emergency or local emergency, as specified. Existing law includes any 2nd-degree burglary or grand theft in the definition of looting, and makes looting based on those offenses punishable by either imprisonment in a county jail for one year or as a felony. Existing law also makes the crime of looting based on petty theft punishable as a misdemeanor. Existing regulations define an "evacuation area" as a geographic area from which civilians have been evacuated pursuant to an evacuation order and where movement and entry are controlled by fire and law enforcement personnel having jurisdictional authority. Existing regulations define an "evacuation warning" as alerting community members in a defined area of a potential threat to life or property. This bill would recast the offense of looting to include first degree burglary, 2nd degree burglary, grand theft, trespass, and theft from a vehicle, when those offenses are committed in an evacuation zone, to the crime of looting. The bill would also, for the purposes of the offense of looting, define an evacuation zone to include an evacuation area or an area subject to an evacuation warning, and to include any residential dwelling units in such an area for a period of one year after the evacuation order, or up to 3 years if the property is undergoing construction. The bill would impose increased penalties for these offenses committed within an evacuation zone, as specified. By increasing the punishment of specified crimes, 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. This bill would make the operation of its provisions contingent upon the enactment of Senate Bill 571 of the 2025–26 Regular Session.

In a trial by a superior court of a question of fact, existing law requires the court to issue a statement of decision explaining the factual and legal basis for its decision upon the request of any party appearing at the trial made either within 10 days after the court announces a tentative decision, or, for a trial concluded in one calendar day or in less than 8 hours over multiple days, before the matter is submitted for decision. Existing law requires the statement of decision to be in writing, unless the parties agree otherwise, except that for a trial concluded in one calendar day or in less than 8 hours over multiple days, the statement of decision may be made orally in the presence of the parties. This bill would instead require a request for a statement of decision in all trials by court to be made in writing, or orally if there is an official record of the proceeding being transcribed, before the matter is submitted for decision. The bill would require the statement of decision to be served on all parties who appeared at the trial. The bill would authorize a court to issue a written statement of decision without a request from a party, and would authorize the court to order a party or parties to prepare a draft statement of decision. The bill would permit a party to make objections to a statement of decision, as specified. The bill would require the Judicial Council to adopt or amend all rules of court necessary to implement these provisions, and to prepare a form that a party may use to request a statement of decision, as specified. Existing law requires the court clerk to enter the court's judgment in a trial by the court immediately upon the filing of the court's decision in the trial. This bill would extend that deadline and instead require the clerk to enter judgment within 30 days after the filing of the court's decision, or, if a statement of decision was requested, within 30 days after the statement of decision becomes final. The bill's provisions would become operative on January 1, 2027.

(1) Existing law, the Alcoholic Beverage Control Act, is administered by the Department of Alcoholic Beverage Control and regulates the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. The act requires the department to make and prescribe rules to carry out the purposes and intent of existing state constitutional provisions on the regulation of alcoholic beverages, and to enable the department to exercise the powers and perform the duties conferred upon it by the state constitution and the act, not inconsistent with any statute of this state. The act makes it unlawful for any person other than a licensee of the department to sell, manufacture, or import alcoholic beverages in this state, with exceptions. The department, pursuant to its powers and in furtherance of emergency declarations and orders of the Governor under the California Emergency Services Act regarding the spread of the COVID-19 virus, established prescribed temporary relief measures to suspend certain legal restrictions relating to, among other things, the expansion of a licensed footprint, sales of alcoholic beverages to-go, and delivery privileges. Existing law authorizes the department, for a period of 365 days following the end of the state of emergency proclaimed by the Governor on March 4, 2020, in response to the COVID-19 pandemic, to permit licensees to exercise license privileges in an expanded license area authorized pursuant to a COVID-19 Temporary Catering Authorization approved in accordance with the Fourth Notice of Regulatory Relief issued by the department, as specified. Existing law makes these provisions effective only until July 1, 2026, and repeals them as of that date. This bill, instead, would make those provisions operative until January 1, 2029, repeal those provisions on that date, and make conforming changes. The bill would also prohibit the department from issuing any new COVID-19 Temporary Catering Authorizations on or after January 1, 2027. (2) The Planning and Zoning Law authorizes the legislative body of any city or county to adopt ordinances that regulate zoning within its jurisdiction, as specified. Under that law, variances and conditional use permits may be granted if provided for by the zoning ordinance. Existing law, to the extent that an outdoor expansion of a business to mitigate COVID-19 pandemic restrictions on indoor dining interferes with, reduces, eliminates, or impacts required parking for existing uses, requires a local jurisdiction that has not adopted an ordinance that provides relief from parking restrictions for expanded outdoor dining areas to reduce the number of required parking spaces for existing uses by the number of spaces that the local jurisdiction determines are needed to accommodate an expanded outdoor dining area. Existing law makes these provisions operative only until July 1, 2026, and repeals them on that date. This bill, instead, would make those provisions operative indefinitely. Because the bill would require local officials to perform additional duties for an extended period, the bill would impose a state-mandated local program. (3) Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities. Existing law provides that these standards are primarily enforced by local enforcement agencies. Existing law restricts satellite food service to limited food preparation in a fully enclosed permanent food facility that meets specified requirements. Existing law requires a permanent food facility, before conducting satellite food service, to submit to the enforcement agency written operating standards. Existing law, until July 1, 2026, authorizes a permitted food facility within any local jurisdiction that is subject to retail food operation restrictions related to a COVID-19 public health response to prepare and serve food as a temporary satellite food service without obtaining a separate satellite food service permit or submitting written operating procedures. With regard to those provisions that authorize a permitted food facility to prepare and serve food as a temporary satellite food service, this bill, instead, would make those provisions operative indefinitely. (4) Existing law requires permanent food facilities to be fully enclosed in a building consisting of permanent floors, walls, and an overhead structure that meet prescribed minimum standards. This bill would, notwithstanding the requirements described above, authorize a restaurant to operate using open windows, folding doors, or nonfixed store fronts during hours of operation if the restaurant develops, and submits to the enforcement agency for approval, an integrated pest management and food safety risk mitigation plan and meets certain requirements, as specified. The bill would require the plan to be documented in writing, made available upon request to local environmental health enforcement officers, and updated annually or whenever there is a change to the facility or operation. The bill would require the restaurant to self-close upon observation of vermin activity inside the facility and remain closed until all vermin are eliminated. The bill would prohibit a local enforcement agency from unreasonably withholding approval of a proposed pest management and food safety risk mitigation plan and would require approval to be granted unless unique circumstances exist such that no reasonable conditions or measures can sufficiently mitigate a significant risk to public health or safety. (5) 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 establishes various boards and commissions in state government with specified duties and responsibilities. Existing law generally provides for legislative oversight of state board formation, which includes, among other things, any administrative or regulatory board, commission, and committee, whose members are appointed by the Governor, the Legislature, or both. Existing law requires the Governor to appoint every officer whose mode of appointment is not prescribed by law. This bill would require the office of the Governor, commencing January 1, 2027, to maintain on its internet website a list of each state board and commission and the membership list, stated purpose, duties, meeting frequency, internet website, and vacancies in the membership for each board or commission. The bill would require the office of the Governor, on or before January 31, 2028, and annually on January 31 thereafter, to create and publish on its internet website a report containing aggregate demographic information, as defined, of appointments made by the office during the prior calendar year, as specified. The bill would require the Secretary of the Senate and the Chief Clerk of the Assembly, commencing January 1, 2027, to maintain on their respective internet websites, or to include a link on their respective internet websites to any available resources that contain, a list of each state board or commission that each house has appointment authority over and the membership list, stated purpose, duties, meeting frequency, internet website, and any vacancies in the membership for that board or commission. The bill would also require the Secretary of the Senate and the Chief Clerk of the Assembly, on or before January 31, 2028, and annually on January 31 thereafter, to publish on their respective internet websites, to the extent available, aggregate demographic information, as defined, on their respective legislative appointments, made during the prior calendar year, as specified. The bill would require the aggregate demographic information to only include legislative appointments created by statute, and prohibit the information from including ex officio appointments of members of the Senate and the Assembly. The bill would require the above-described published aggregate demographic information on gubernatorial or legislative appointments to, among other things, be published on the respective entity's internet websites in a prescribed manner for purposes of ensuring the anonymity of the appointed individuals.

Existing law requires the State Air Resources Board to adopt and implement motor vehicle fuel specifications for the control of air contaminants and sources of air pollution. Existing law prohibits the state board from adopting any regulation that establishes a specification for motor vehicle fuel unless that regulation, and a multimedia evaluation conducted by affected agencies and coordinated by the state board, are reviewed by the California Environmental Policy Council. This bill would, notwithstanding that prohibition, authorize blends of gasoline containing 10.5% to 15% ethanol by volume to be sold in the state for use as a transportation fuel until (1) the California Environmental Policy Council completes its review of those blends and (2) the state board either adopts a regulation establishing a specification for those blends or posts an assessment on its internet website demonstrating that it is not possible for a regulation establishing a specification for those blends to meet specified requirements. This bill would declare that it is to take effect immediately as an urgency statute.

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. CEQA exempts from its requirements various projects, including, but not limited to, housing projects that meet certain requirements and activities and approvals related to certain prison facilities. This bill would exempt from the requirements of CEQA any activity or approval necessary for the completion of the Gypsum Canyon Veterans Cemetery in the County of Orange if specified conditions are met. To the extent that a local agency would be required to determine whether an activity or approval qualifies for this exemption, the bill would impose a state-mandated local program. The bill would repeal this provision on January 1, 2030. This bill would make legislative findings and declarations as to the necessity of a special statute for the Gypsum Canyon Veterans Cemetery in the County of Orange. 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 declare that it is to take effect immediately as an urgency statute.

Existing 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. That law exempts from disclosure specified information relating to elected or appointed officials, and makes specified disclosures of information relating to elected or appointed officials a crime. The law defines "elected or appointed official" for that purpose to include, among other things, a judge or court commissioner, a federal judge or federal defender, and a judge of a federally recognized Indian tribe. This bill would additionally include in the definition of the term "elected or appointed official," a retired judge or court commissioner, an active or retired judge of the State Bar Court, a retired federal judge or federal defender, a retired judge of a federally recognized Indian tribe, and an appointee of a court to serve as children's counsel in a family or dependency proceeding. By expanding a crime related to the unauthorized disclosure of information about elected or appointed officials, this bill would impose a state-mandated local program. 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. 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.

The Political Reform Act of 1974 provides for the comprehensive regulation of political campaigns, lobbying, and other matters relating to governmental ethics and elections. The act prohibits a foreign government or foreign principal from making any contribution, expenditure, or independent expenditure in connection with the qualification or support of, or opposition to, a state or local ballot measure or an election for a state or local office. The act prohibits a person or committee from soliciting or accepting a contribution from a foreign government or foreign principal for the same purposes. The act makes a violation of these prohibitions a misdemeanor. This bill would expand the prohibitions described above to apply to foreign nationals. The bill would define "foreign national" as a person who is not a citizen of the United States and who is not a lawfully admitted permanent resident. The bill would exclude from this definition a person who has been granted deferred action, and whose deferred action has not expired, under the federal Deferred Action for Childhood Arrivals (DACA) program, as described in guidelines issued by the United States Department of Homeland Security. By expanding the scope of an existing crime, 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. The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act's purposes upon a 23 vote of each house of the Legislature and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act.