(1) Existing law, the Davis-Stirling Common Interest Development Act, governs the management and operation of common interest developments. Existing law makes any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned development, and any provision of a governing document, that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use, as specified, void and unenforceable. If the governing documents require association approval before a member may make a physical change to the member's separate interest or to the common area, existing law requires an association to satisfy specified requirements, including to provide a fair, reasonable, and expeditious procedure for making its decision in reviewing and approving or disapproving a proposed physical change, as described above. This bill would make any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument, and any provision of a governing document, void and unenforceable to the extent that it prohibits, or includes conditions that have the effect of prohibiting, a substantially similar reconstruction of a residential structure, as specified, that was destroyed or damaged in a disaster, as defined. The bill would require a court to award reasonable attorney's fees to the owner of a separate interest in a common interest development who prevails in an action to enforce the above-described provisions. This bill would require any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument, and any provision of a governing document that subjects a substantially similar reconstruction of a residential structure that was destroyed or damaged in a disaster to review by a body to be processed and approved, as specified. The bill would defined various terms for these purposes. The bill would require the body to, among other things, determine whether an application is complete or incomplete and to provide written notice of this determination to the applicant no later than 30 calendar days after the body receives the application. Once an application is deemed complete, the bill would require the body to conduct any review of the proposed modification to the separate interest within 45 calendar days, as specified. If a body finds that a complete application is noncompliant, the bill would require the body to provide the applicant with a list of items that are noncompliant and a description of how the application can be remedied by the applicant, as described. If an application is determined to be incomplete or noncompliant, the bill would require the body to provide a process for the applicant to appeal that decision, as specified. The bill would require a court to award reasonable attorney's fees to the applicant who prevails in an action to enforce the above-described provisions. (2) Existing law, the Planning and Zoning Law, authorizes a development proponent to submit an application for a development that is subject to a specified streamlined, ministerial approval process if the development satisfies certain objective planning standards and certain procedures are followed, including that the proponent of the development project requires in contracts with construction contractors that specified standards will be met in project construction, as specified. Existing law requires the proponent of the development project to make a specified certification that certain labor standards will be met and requires the prime contractor to provide an affidavit under penalty of perjury, as specified. This bill would authorize a housing development proponent to submit an application for a housing development that is subject to a specified streamlined, ministerial approval process if the housing development satisfies certain objective standards, including that the housing development is located on a parcel on which a residential structure was destroyed or damaged in a disaster. The bill would require a local government to approve the development within 90 days of the submittal of the development if the local government's planning director or equivalent position determines that the development is consistent with specified objective planning standards. If the development is determined to be in conflict with those standards, the bill would require the local government staff or relevant local planning and permitting department that made the determination to provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, as specified. By mandating a higher level of service on local agencies, this bill would impose a state-mandated local program. The bill would provide that an ordinance that precludes specified placements and uses of manufactured homes, mobilehomes, or recreational vehicles for use during the reconstruction or repair of any home damaged or destroyed in a disaster is unenforceable for a period of 3 years following the disaster declaration. The bill would require the housing development proponent to comply with certain labor standards, including that the housing development proponent will comply with the above-described labor standards, including the requirements that the development proponent make the specified certification and that the prime contractor provide an affidavit under penalty of perjury. By imposing certification and penalty of perjury requirements, this bill would expand the crime of perjury, thereby imposing a state-mandated local program. (3) 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 it proposes to carry out or approve that may have a significant effect on the environment, or to adopt a negative declaration if it determines that the project would not have that effect, as provided. CEQA does not apply to the approval of ministerial projects. This bill would provide that its streamlined, ministerial approval process for a housing development, as described above, offers an optional streamlined, ministerial approval process and does not affect the availability, applicability, or use of any other exemption from CEQA. To the extent that the streamlined, ministerial review process established by the bill would apply to the approval of a housing development that would otherwise be discretionary, the bill would expand the exemption for the ministerial approval of projects under CEQA. (4) 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. (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 specified reasons.
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Existing law requires a city or county to prepare and adopt a general plan for its jurisdiction that contains certain mandatory elements, including a housing element. 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, including by identifying one or more zoning designations that allow residential uses, including mixed uses, where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit and that are suitable for residential uses. Existing law requires an emergency shelter to include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care. This bill would additionally require an emergency shelter to include all services provided onsite, including the addition or expansion of services that are consistent with certain written, objective standards. By imposing a higher level of service on cities and counties in preparing and adopting a general plan, this bill would impose a state-mandated local program. Existing law requires the Department of Housing and Community Development to administer the Emergency Housing and Assistance Program. Under the program, moneys from the continuously appropriated Emergency Housing and Assistance Fund are available for the purposes of providing shelter, as specified, to homeless persons at as low of a cost and as quickly as possible, without compromising the health and safety of shelter occupants, to encourage the move of homeless persons from shelters to a self-supporting environment as soon as possible, to encourage provision of services for as many persons at risk of homelessness as possible, to encourage compatible and effective funding of homeless services, and to encourage coordination among public agencies that fund or provide services to homeless individuals, as well as agencies that discharge people from their institutions. Existing law defines "emergency shelter" to mean, in part, housing with minimal supportive services for homeless persons that is limited to occupancy of 6 months or less by a homeless person. This bill would modify that definition to mean housing with supportive services for homeless persons that is limited to occupancy of 6 months or less by a homeless person. This bill would incorporate additional changes to Section 65583 of the Government Code proposed by AB 610 and AB 650, to be operative only if this bill and either or both of those bills 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, 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.
(1) Existing law, the Mobilehome Residency Law, prescribes various terms and conditions of tenancies in mobilehome parks. Existing law, the Planning and Zoning Law, requires a person or entity proposing a change in use of a mobilehome park to file a report on the impact of the conversion, closure, or cessation of use of the mobilehome park that includes a replacement and relocation plan, as specified. Existing law requires the legislative body or advisory agency to review the report before any change of use, as provided. Existing law establishes the Department of Housing and Community Development and requires it to administer various programs intended to promote the development of housing. This bill would require, if a closure, cessation, or change of use is the result of damage or destruction of the mobilehome park by a disaster, as defined, the person or entity proposing that closure, cessation, or change of use to file an impact report, as described in the paragraph above, which also includes a technical service inspection report from the Department of Housing and Community Development that identifies the observed conditions within the park. By placing new requirements on local legislative bodies when approving permits for a change of use for mobilehome parks, this bill would impose a state-mandated local program. Existing law requires the person or entity proposing the change of use of a mobilehome park to pay to the displaced resident the in-place market value of the displaced resident's mobilehome, as provided. This bill would provide that if the proposed closure, cessation, or change of use is related to damage or destruction by a disaster, the person or entity proposing the change of use of a mobilehome park is not required to pay to the displaced resident the in-place market value of the displaced resident's mobilehome. (2) Existing law regulates the terms and conditions of residential tenancies. Existing law requires the lessor of a building intended for human occupation to repair dilapidations, as specified, rendering it untenantable. Existing law requires a dwelling to be deemed untenantable if it substantially lacks certain affirmative standard characteristics. This bill would impose a duty upon the landlord to undertake certain actions, within a reasonable time and according to specified cleaning protocols, as may be necessary to remediate any dilapidations that arise as a result of a disaster. The bill would establish a presumption that the presence at the rental unit of debris from the disaster renders the unit untenantable, until a determination has been made by a local public health agency or official that the debris does not contain toxic substances. This bill would require the landlord to notify the tenant in writing that the landlord has fulfilled its duty to remediate dilapidations and that the tenant may view various reports, if requested. The bill would specify that these provisions do not require a landlord to rebuild a residential real property or any portion thereof that has sustained damage as a result of a disaster, and that, unless lawfully terminated by either party, the tenancy remains in effect and the tenant has the right to return to the rental unit, at the same rental rate in effect immediately prior to the disaster, as soon as it is safe and practicable. (3) Existing law terminates the hiring of a thing by the destruction of the thing hired, or when the greater part of the thing hired perishes from any other cause than the want of ordinary care of the hirer. This bill would require the landlord to return to the tenant any advance rental payments made by the tenant when the hiring of residential real property is terminated due to damage or destruction of the property. The bill would also require management of a mobilehome park to return to the homeowner any advance rental payments made by the homeowner when the mobilehome tenancy is terminated due to damage or the destruction of the mobilehome park or any space as a result of a disaster. The bill would discharge the tenant's or homeowner's obligation to pay rent during any period during which a tenant or homeowner is unable to occupy their rental unit due to a mandatory evacuation order pursuant to a disaster, as provided. (4) Existing law makes the Commissioner of Financial Protection and Innovation the head of the Department of Financial Protection and Innovation, which executes the laws of this state relating to, among other things, residential mortgage lenders and servicers and mortgage loan originators employed or supervised by finance lenders or residential mortgage lenders. This bill would require the commissioner to, upon the declaration of a state of emergency due to wildfire, as specified, coordinate with mortgage lenders and servicers subject to the commissioner's jurisdiction operating in this state to facilitate and monitor the implementation and promotion of mortgage forbearance, foreclosure prevention, and loss mitigation programs available to borrowers who experience a material decrease in household income or a material increase in household expenses due, directly or indirectly, to the wildfire emergency. (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, 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.
(1) Existing law authorizes the State Water Resources Control Board to hold proceedings to determine all rights to water of a stream system whether based upon appropriation, riparian right, or other basis of right. Existing law provides various requirements for the board when determining adjudication of water rights, including, among other things, performing a detailed field investigation of a stream system, as defined, issuing an order of determination, providing notice and a hearing process, and filing a final order. This bill would revise the above-described provisions regarding the board's statutory adjudication of water rights during an investigation of a stream system to, among other things, require representatives of the board to investigate in detail the use of water with the authority, but no requirement, to conduct a field investigation, authorize the board, if the board determines that the information provided by the person, as specified, is inadequate, to issue information orders that require claimants to submit reports of water use from the stream system through a form provided by the board, and require claimants to respond to that order within 75 days of the date of issuance by the board. (2) Existing law establishes procedures for reconsideration and amendment of specified decisions and orders of the board. Existing law authorizes any party aggrieved by a specified decision or order of the board to file, not later than 30 days from the date of final board action, a petition for writ of mandate for judicial review of the decision or order. This bill would apply the procedures for reconsideration, amendment, and judicial review to decisions and orders of the board issued pursuant to the provisions described above.
Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee, as defined, for injuries sustained in the course of employment. Existing law creates a rebuttable presumption that specified injuries, such as cancer or post-traumatic stress disorder, developed or manifested in the course of employment of a specified member of law enforcement or a specified first responder arose out of and in the course of employment. Existing law makes these provisions applicable to certain active firefighting members, including active firefighting members of a fire department that serves a United States Department of Defense installation or active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation. This bill would, for injuries occurring on or after January 1, 2026, additionally apply these provisions to active firefighting members of a fire department that provides fire protection to a commercial airport, as specified. Existing law creates a rebuttable presumption that other injuries, including pneumonia, tuberculosis, or meningitis, developed or manifested in the course of employment of a specified member of law enforcement or a specified first responder arose out of and in the course of employment. Existing law makes these provisions applicable to certain active firefighting members, including volunteers who are partly paid or fully paid by, among others, the Department of Forestry and Fire Protection or a county forestry or firefighting unit. The bill would, for injuries occurring on or after January 1, 2026, also apply these provisions to active firefighting members of a fire department that provides fire protection to a commercial airport, National Aeronautics and Space Administration installation, or United States Department of Defense installation.
Existing law provides for the creation of a county air pollution control district in every county not included within other specified districts. Existing law requires, under certain circumstances, the membership of the governing board of each county air pollution control district to include one or more members who are mayors, city council members, or both, and one or more members who are county supervisors. This bill would provide that a member of the board is entitled to reimbursement for actual and necessary expenses incurred in the performance of board duties, as specified. The bill would require, upon adoption of a resolution by the county district board, each member of the board to receive compensation, subject to specified daily and annual limits, while attending meetings of the board or any committee of the board or while engaged in the official business of the county district, as specified. The bill would require a county district board that elects to provide compensation to its board to submit a report containing specified information to the relevant committees of the Legislature within 3 years of the commencement of that compensation. The bill would provide that these provisions apply only to a county district board subject to the above-described membership requirement. Existing law establishes the Antelope Valley Air Quality Management District, governed by a 7-member board, and prescribes the powers and duties of the district board with respect to the control of air pollution in the district. This bill would provide that a member of the board is entitled to reimbursement for actual and necessary expenses incurred in the performance of board duties, as specified. The bill would require, upon adoption of a resolution by the district board, each member of the board to receive compensation, subject to specified daily and annual limits, while attending meetings of the board or any committee of the board or while engaged in the official business of the county district, as specified. The bill would require the district board, if it elects to provide compensation to its board, to submit a report containing specified information to the relevant committees of the Legislature within 3 years of the commencement of that compensation. This bill would make legislative findings and declarations as to the necessity of a special statute for the boards.
Existing law, the California Coastal Act of 1976, among other things, requires anyone wishing to perform or undertake any development in the coastal zone, except as specified, in addition to obtaining any other permit required by law from any local government or from any state, regional, or local agency, to obtain a coastal development permit from the California Coastal Commission or a local government, as provided. The act provides that a coastal development permit is not required for specified types of development in specified areas, as provided. Existing law provides that a coastal development permit is not required for any category of development, or any category of development within a specified geographic area, if the commission, after a public hearing, and by a 23 vote of its appointed members, finds that there is no potential for any significant adverse effect, as specified, on coastal resources or on public access to, or along, the coast and, where the exclusion precedes certification of the applicable local coastal program, that the exclusion will not impair the ability of local government to prepare a local coastal program. Existing regulation, before a categorical exclusion becomes effective, requires specified things to occur, including that the public agency issuing the permit accepts and agrees to the terms and conditions to which the categorical exclusion has been made subject. This bill would require the commission, in consultation with the Department of Housing and Community Development, by July 1, 2027, to identify, based on specified considerations, infill areas within at least 3 local jurisdictions that do not have a certified local coastal program for a categorical exclusion from the coastal development permitting requirement. Specifically, until June 30, 2037, if a development in one of those identified infill areas is a residential housing project comprised only of units that are deed restricted for persons of very low, low, or moderate income, as specified, this bill would categorically exclude the development from that requirement. The bill would exempt the categorically excluded infill areas from the above-described regulation. The bill would require, before commencing development, a proponent of the development to request from the commission, and for the commission to issue, a notice of exclusion. This bill would require the commission, on or before August 1, 2027, to post on its internet website clearly defined maps of the categorical exclusion areas. The bill would also require the commission, on or before January 1, 2035, to report to the Legislature the number of projects that were constructed or are currently under construction pursuant to this categorical exclusion.
Existing law authorizes a person proposing an eligible facility, including an energy storage system that is capable of storing 200 megawatthours or more of energy, to file with the State Energy Resources Conservation and Development Commission (Energy Commission) an application for certification for the site and related facility, as provided. Existing law provides that the certification issued by the Energy Commission is in lieu of any permit, certificate, or similar document required by a state, local, or regional agency for the use of the site and related facility. Existing law vests the Public Utilities Commission (PUC) with regulatory authority over public utilities, including electrical corporations. Existing law requires the PUC to direct the state's 3 largest electrical corporations to file applications for programs and investments to accelerate widespread deployment of distributed energy storage systems for specified purposes and authorizes the PUC to approve, or modify and approve, programs and investments of an electrical corporation in distributed energy storage systems with appropriate energy storage management systems, as defined. This bill would require that an application submitted to the Energy Commission after January 1, 2026, in accordance with the above-described provisions relating to certification of facilities by the Energy Commission, and an application submitted to a local jurisdiction, as defined, for an energy storage system, include the applicant's certification that, at least 30 days before submitting the application, the applicant met and conferred with the authority that has jurisdiction over fire suppression in the area where the energy storage system is proposed, as provided. The bill would also prohibit the Energy Commission certification or local approval unless, after installation is complete, but before commencing operations or use of the batteries, the energy storage system is inspected by the authority that has jurisdiction over fire suppression. The bill would require that the applicant bear the cost of the inspection, as specified. The bill would require, as part of the next update to the California Building Standards Code considered after July 1, 2026, the Office of the State Fire Marshal to review and consider proposing provisions that restrict the location of energy storage systems to dedicated-use noncombustible buildings or outdoor installations, as provided. By imposing additional duties on local officers, the bill would impose a state-mandated local program. 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 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law designates all parks, public campgrounds, monument sites, landmark sites, and sites of historical interest established or acquired by the state, or that are under its control, as the state park system, except as specified. Under existing law, the Department of Parks and Recreation controls the state park system, which is made up of units. Existing law authorizes the department to acquire title to or any interest in real property, including personal property incidental to the purchase of real property and options to purchase property, that the department deems necessary or proper for the extension, improvement, or development of the state park system. Existing law requires that all land and other real property to be acquired by or for any state agency be acquired by the State Public Works Board, except as specified. This bill would additionally exempt from that requirement property acquired by the department for Big Basin Redwoods, Año Nuevo, and Butano State Parks, as specified, until January 1, 2033. The bill would require the Department of Parks and Recreation to submit a report, on or before January 1, 2028, January 1, 2030, and January 1, 2032, to the Legislature with specified content detailing the department's use of authority granted pursuant to the bill regarding the acquisition of real property interests without the State Public Works Board. This bill would make legislative findings and declarations as to the necessity of a special statute for the Big Basin Redwoods, Año Nuevo, and Butano State Parks. This bill would incorporate additional changes to Section 15853 of the Government Code and Section 5006.1 of the Public Resources Code proposed by SB 630 to be operative only if this bill and SB 630 are enacted and this bill is enacted last.
Existing law provides that a gift certificate, sold after January 1, 1997, is redeemable in cash or subject to replacement with a new gift certificate except that a gift certificate with a cash value of less than $10 is redeemable in cash for its cash value. For purposes of these provisions, existing law defines "gift certificate" to include gift cards. This bill would, instead, make a gift certificate with a cash value of less than $15 redeemable in cash for its cash value, exempt from that redemption provision certain gift certificates that are donated to a nonprofit or a charitable organization, as provided, and make these provisions operative on April 1, 2026. The bill would expand the definition of "gift certificate" to include electronic gift cards. The bill would also make conforming changes.