Sen. Bob Archuleta

Existing law governs the business of buying, selling, and dealing in secondhand and used machinery and all ferrous and nonferrous scrap metals and alloys, also known as "junk." Existing law requires junk dealers and recyclers to keep a written record of all sales and purchases made in the course of their business, including the place and date of each sale or purchase of junk and a description of the item or items, as specified. Existing law requires the written record to include a statement indicating either that the seller of the junk is the owner of it, or the name of the person they obtained the junk from, as shown on a signed transfer document. Existing law prohibits a junk dealer or recycler from providing payment for nonferrous materials until the junk dealer or recycler obtains a copy of a valid driver's license of the seller or other specified identification. Existing law requires a junk dealer or recycler to preserve the written record for at least 2 years. Existing law makes a violation of the recordkeeping requirements a misdemeanor. This bill would require junk dealers and recyclers to include additional information in the written record, including the time and amount paid for each sale or purchase of junk made, and the name of the employee handling the transaction. The bill would revise the type of information required to be included in the description of the item or items of junk purchased or sold, as specified. The bill would require the statement referenced above indicating ownership or the name of the person from whom the seller obtained the junk from to be signed. Existing law prohibits a junk dealer or recycler from possessing certain materials, including a fire hydrant or manhole cover or lid, without written certification from the agency owning or previously owning the material specifying that the agency has either sold the material or is offering the material for sale, salvage, or recycling and that the person is authorized to negotiate the sale of the material. Existing law makes it a crime for any person who is engaged in the salvage, recycling, purchase, or sale of scrap metal to possess specified items, including a fire hydrant or a manhole cover or lid, that were owned or previously owned by specified public entities and that have been stolen or obtained in a manner constituting theft or extortion, knowing the property to be stolen or obtained in that manner, or to fail to report possession of those items, as specified. A person who violates those provisions is subject to a criminal fine of not more than $3,000. This bill would expand the list of materials and items subject to those provisions to include, among other things, items reasonably recognizable as street lights and related equipment, and would increase the maximum amount of the criminal fine to $5,000. Existing law makes a person who is a dealer in or collector of junk, metals, or secondhand materials, or their agent, employee, or representative, who buys or receives any wire, cable, copper, lead, solder, mercury, iron, or brass that the person knows or reasonably should know is used by or belongs to specified entities, including a railroad, certain utility companies, or a public entity engaged in furnishing public utility service, without using due diligence to ascertain that the person selling or delivering that material has a legal right to do so, guilty of criminally receiving that property and, in addition to imprisonment, makes that act punishable by a fine of not more than $1,000. This bill would instead make the act punishable by a fine of not more than $5,000. By expanding the scope of existing crimes, 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.

(1) The Outdoor Advertising Act, a violation of which is a crime, provides for the regulation by the Department of Transportation of advertising displays, as defined, within view of public highways. Existing law exempts from certain provisions of the act advertising displays located in specific geographic areas in the City of Los Angeles if those displays meet prescribed conditions and requirements, including the condition that the advertising display is authorized by, or in accordance with, an ordinance adopted by the City of Los Angeles that regulates advertising displays by identifying the specific displays or establishing regulations that include, at a minimum, specified restrictions, as provided. This bill would authorize the ordinance adopted by the City of Los Angeles to authorize a framework of allowable signage that preserves flexibility in the ultimate placement, sizing, and scope of advertising displays, and define a range or maximum signage capacity, as specified. The bill would also authorize the City of Los Angeles to adopt implementing ordinances that sequence or phase the authorization of advertising displays over time. (2) This bill would declare that it is to take effect immediately as an urgency statute.

Existing law, the Gambling Control Act, establishes the California Gambling Control Commission, which is responsible for licensing and regulating various gambling activities and establishments. Existing law requires the Department of Justice to investigate any violations of, and to enforce, the act. Existing law also vests the department with the responsibility to investigate violations of prohibitions against specified gambling activities, as enumerated in the Penal Code, including, among others, prohibitions against (1) lotteries, (2) certain games played with cards, dice, or any device, for money, and (3) slot machines. This bill would clarify that the department's authority to investigate suspected criminal violations of the aforementioned prohibited gambling activities enumerated in the Penal Code includes suspected violations that occur outside of a licensed gambling establishment, irrespective of whether the suspected violation involves licensees. The California Constitution generally prohibits lotteries and raffles. The California Constitution, notwithstanding this general prohibition, authorizes the Legislature to authorize private, nonprofit, eligible organizations to conduct raffles as a funding mechanism to provide support for their own or another private, nonprofit, eligible organizations' beneficial and charitable works, provided that at least 90% of the gross receipts from the raffle go directly to beneficial or charitable purposes in California. The California Constitution further authorizes the Legislature, by a 23 vote of each house, to amend the percentage of gross receipts required to be dedicated to beneficial or charitable purposes. Pursuant to this authority, existing statutory law authorizes an eligible organization to conduct a major league sports raffle if, among other requirements, 50% of the gross receipts generated from the sale of raffle tickets are used to benefit or provide support for beneficial or charitable purposes, as defined, the other 50% is paid to the winner, and the winners of the prizes are determined by a manual draw, as specified. Existing law authorizes these raffles only at a home game and prohibits an eligible organization from conducting more than one major league sports raffle per home game. This bill would additionally authorize an eligible organization to conduct a major league sports raffle at a championship game, if held at the designated venue where an affiliated sports team plays their home games. The bill would make other technical and conforming changes. By expanding the scope of provisions that revise the percentage of gross receipts required to go to beneficial or charitable purposes pursuant to the California Constitution, this bill would require a 23 vote of each house.

(1) Existing law requires the State Department of Education, on or before March 1, 2025, to provide a report to the Superintendent of Public Instruction, the Governor, and the Legislature on the number and types of reports that school districts, county offices of education, and charter schools are required to annually submit. Existing law requires the report to include, among other things, the purpose of each report and recommendations for which reports can be consolidated, eliminated, or truncated, as provided. Existing law repeals these provisions on January 1, 2026. This bill would extend the repeal date of the above-described reporting requirements by one year, to instead be January 1, 2027. (2) Existing law requires the State Board of Education to, on or before January 31, 2027, adopt an IDEA Addendum relating to improvements in services for individuals with exceptional needs, as specified. Existing law requires certain school districts, charter schools, and county offices of education identified by the department, as provided, to complete the IDEA Addendum and to undertake certain activities related to the addendum on or before July 1, 2027. This bill would eliminate the above-described IDEA Addendum requirements.

(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.

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 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. This bill would authorize the court to consider the fact, if pled and proven, that the defendant committed the crime of looting while impersonating emergency personnel as a factor in aggravation. Existing law prohibits credibly impersonating a peace officer, firefighter, or employee of a state or local government agency, or a search and rescue team, as specified. A violation of these prohibitions is punishable as a misdemeanor. This bill would make it a crime, punishable as a misdemeanor or a felony, for a person, other than a first responder to wear, exhibit, or use the uniform, insignia, emblem, device, label, certificate, card, or writing of a first responder with the intent of fraudulently impersonating a first responder within an area under an evacuation order, as specified. The bill would also make it a crime, punishable as a misdemeanor or a felony, to impersonate a first responder on the internet or by electronic means during an evacuation order or within 30 days of its termination for the purpose of defrauding another, as specified. Existing law, until January 1, 2029, defines the offense of aggravated arson, and defines the aggravating factors for the offense as: the person has been previously convicted of arson on one or more occasions within the past 10 years, the fire caused property damage and other losses in excess of $10,100,000, or the fire caused damage to, or the destruction of, 5 or more inhabited dwellings. Existing law, commencing January 1, 2029, deletes the aggravating factor of property damage and other losses in excess of $10,100,000 from the definition of aggravated arson. This bill would state that it is the intent of the Legislature that amendments to the above-described dollar amounts are to be applied prospectively and shall not be interpreted to benefit any defendant who committed a crime or received a sentence before the effective date of the amendment. By creating a new crime and 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 AB 468 of the 2025–26 Regular Session.

Existing law establishes the California Career Technical Education Incentive Grant Program, administered as a competitive grant program by the State Department of Education, with the purpose of encouraging, maintaining, and strengthening the delivery of high-quality career technical education programs. Existing law requires an applicant to demonstrate that it, or its career technical education program, as applicable, meets certain minimum eligibility standards. This bill, commencing June 1, 2026, would revise and recast those minimum eligibility standards, as specified, including standards related to (A) collaborating with labor and business entities, (B) ensuring career programs and career pathways are aligned with workforce needs and labor market demand, (C) providing opportunities for certain pupil populations, and (D) reporting information for purposes of program evaluation, as provided. The bill, commencing June 1, 2026, would also require successful applicants to demonstrate a holistic approach to providing career technical education and career pathways, as provided. In developing the request for grant applications and considering grant applications under the program, existing law requires the State Department of Education to consult with the executive director of the State Board of Education and entities having career technical education expertise, including the Chancellor of the California Community Colleges. This bill, commencing June 1, 2026, would require the department to consult with the California Education Interagency Council instead of the chancellor for those purposes. When determining proposed grant recipients, existing law requires positive consideration to be given to specified characteristics in an applicant, including that the applicant is located in an area with a high unemployment rate. This bill, commencing June 1, 2026, would require positive consideration to also be given to an applicant located in an area with a high poverty rate. The bill would define high unemployment rate and high poverty rate. Existing law establishes the Government Operations Agency, which consists of several state entities, including, but not limited to, the State Personnel Board, the Department of General Services, and the Office of Administrative Law. This bill would require the California Education Interagency Council established in the Government Operations Agency to perform, in an advisory capacity, certain duties, as specified, including, among others, developing recommendations regarding career technical education, college and career pathways, and workforce development recognizing segmental plans and other pertinent plans, and providing advice and recommending tools designed to support students across their educational careers, as specified. The bill would require the Office of the California Education Interagency Council to support the California Education Interagency Council, as specified, including by, among other things, developing and maintaining an internet website that provides access to the California Education Interagency Council's agendas, reports, work products, and resources. Certain sections of this bill would become operative only if AB 1098 of the 2025–26 Regular Session is enacted.

Existing law authorizes the operation of an autonomous vehicle on public roads for testing purposes by a driver who possesses the proper class of license for the type of vehicle operated if specified requirements are satisfied. Existing law prohibits the operation of an autonomous vehicle on public roads until the manufacturer submits an application to the Department of Motor Vehicles, as specified, and that application is approved. Existing law requires the department to adopt regulations setting forth requirements for the submission and approval of an application, including, among other things, any testing, equipment, and performance standards the department concludes are necessary to ensure the safe operation of autonomous vehicles on public roads, as specified. This bill would, commencing January 1, 2026, authorize an autonomous vehicle to be equipped with automated driving system (ADS) marker lamps in accordance with specified standards. For purposes of this provision, the bill would define an "ADS marker lamp" as a device that emits a light to indicate when an ADS is engaged in the operation of the vehicle. The bill would also make conforming changes.

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.