HomeMy WebLinkAbout2023-11-08 Planning & Transportation Commission Agenda PacketPLANNING AND TRANSPORTATION COMMISSION
Regular Meeting
Wednesday, November 08, 2023
Council Chambers & Hybrid
6:00 PM
Pursuant to AB 361 Palo Alto City Council meetings will be held as “hybrid” meetings with the
option to attend by teleconference/video conference or in person. To maximize public safety
while still maintaining transparency and public access, members of the public can choose to
participate from home or attend in person. Information on how the public may observe and
participate in the meeting is located at the end of the agenda. Masks are strongly encouraged if
attending in person. The meeting will be broadcast on Cable TV Channel 26, live on
YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media
Center https://midpenmedia.org. Commissioner names, biographies, and archived agendas and
minutes are available at http://bit.ly/PaloAltoPTC.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/91641559499)
Meeting ID: 916 4155 9499 Phone: 1(669)900‐6833
PUBLIC COMMENTS
Public comments will be accepted both in person and via Zoom for up to three minutes or an
amount of time determined by the Chair. All requests to speak will be taken until 5 minutes
after the staff’s presentation. Written public comments can be submitted in advance to
Planning.Commission@CityofPaloAlto.org and will be provided to the Commission and available
for inspection on the City’s website. Please clearly indicate which agenda item you are
referencing in your subject line.
Spokespersons that are representing a group of five or more people who are identified as
present at the meeting at the time of the spokesperson's presentation will be allowed up to
fifteen (15) minutes at the discretion of the Chair, provided that the non‐speaking members
agree not to speak individually. The Chair may limit Public Comments to thirty (30) minutes for
all combined speakers. The Chair may reduce the allowed time to speak for Study Sessions and
Action Items to two (2) minutes or less to accommodate a larger number of speakers.
PowerPoints, videos, or other media to be presented during public comment are accepted only
by email to Planning.Commission@CityofPaloAlto.org at least 24 hours prior to the meeting.
Once received, the Clerk will have them shared at public comment for the specified item. To
uphold strong cybersecurity management practices, USB’s or other physical electronic storage
devices are not accepted.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the
meeting is in progress. The Commission reserves the right to use more or less time on any item,
to change the order of items and/or to continue items to another meeting. Particular items may
be heard before or after the time estimated on the agenda. This may occur in order to best
manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER/ ROLL CALL
PUBLIC COMMENT
Members of the public may speak to any item NOT on the agenda. Three (3) minutes per speaker.
AGENDA CHANGES, ADDITIONS AND DELETIONS
The Chair or Board majority may modify the agenda order to improve meeting management.
CITY OFFICIAL REPORTS
1.Director's Report, Meeting Schedule and Assignments
STUDY SESSION
Public Comment is Permitted. Three (3) minutes per speaker.
2.Tree Protection Ordinance Year One Review and Recommendations
6:10 PM – 7:10 PM
COMMISSIONER QUESTIONS, COMMENTS, ANNOUNCEMENTS OR FUTURE MEETINGS AND
AGENDAS
Members of the public may not speak to the item(s).
ADJOURNMENT
INFORMATIONAL REPORT
3.Informational Report Regarding 2023 State Legislation
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email,
teleconference, or by phone.
1. W r i t t e n p u b l i c c o m m e n t s m a y b e s u b m i t t e d b y e m a i l t o
planning.commission@cityofpaloalto.org.
2. Spoken public comments using a computer will be accepted through the
teleconference meeting. To address the Commission, click on the link below to access a
Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using
your browser, make sure you are using a current, up‐to‐date browser: Chrome 30,
Firefox 27, Microsoft Edge 12, Safari 7. Certain functionality may be disabled in
older browsers including Internet Explorer.
You may be asked to enter an email address and name. We request that you
identify yourself by name as this will be visible online and will be used to notify you
that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will
activate and unmute speakers in turn. Speakers will be notified shortly before they
are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be
shown on the computer to help keep track of your comments.
3. Spoken public comments using a smart phone will be accepted through the
teleconference meeting. To address the Commission, download the Zoom application
onto your phone from the Apple App Store or Google Play Store and enter the Meeting ID
below. Please follow the instructions above.
4. Spoken public comments using a phone use the telephone number listed below. When
you wish to speak on an agenda item hit *9 on your phone so we know that you wish to
speak. You will be asked to provide your first and last name before addressing the
Commission. You will be advised how long you have to speak. When called please limit
your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 916 4155 9499 Phone:1‐669‐900‐6833
Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public
programs, services and meetings in a manner that is readily accessible to all. Persons with
disabilities who require materials in an appropriate alternative format or who require auxiliary
aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at
(650) 329‐2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or
accommodations must be submitted at least 24 hours in advance of the meeting, program, or
service.
PLANNING AND TRANSPORTATION COMMISSIONRegular MeetingWednesday, November 08, 2023Council Chambers & Hybrid6:00 PMPursuant to AB 361 Palo Alto City Council meetings will be held as “hybrid” meetings with theoption to attend by teleconference/video conference or in person. To maximize public safetywhile still maintaining transparency and public access, members of the public can choose toparticipate from home or attend in person. Information on how the public may observe andparticipate in the meeting is located at the end of the agenda. Masks are strongly encouraged ifattending in person. The meeting will be broadcast on Cable TV Channel 26, live onYouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen MediaCenter https://midpenmedia.org. Commissioner names, biographies, and archived agendas andminutes are available at http://bit.ly/PaloAltoPTC. VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/91641559499)Meeting ID: 916 4155 9499 Phone: 1(669)900‐6833PUBLIC COMMENTSPublic comments will be accepted both in person and via Zoom for up to three minutes or anamount of time determined by the Chair. All requests to speak will be taken until 5 minutesafter the staff’s presentation. Written public comments can be submitted in advance toPlanning.Commission@CityofPaloAlto.org and will be provided to the Commission and availablefor inspection on the City’s website. Please clearly indicate which agenda item you arereferencing in your subject line.Spokespersons that are representing a group of five or more people who are identified aspresent at the meeting at the time of the spokesperson's presentation will be allowed up tofifteen (15) minutes at the discretion of the Chair, provided that the non‐speaking membersagree not to speak individually. The Chair may limit Public Comments to thirty (30) minutes forall combined speakers. The Chair may reduce the allowed time to speak for Study Sessions andAction Items to two (2) minutes or less to accommodate a larger number of speakers.PowerPoints, videos, or other media to be presented during public comment are accepted onlyby email to Planning.Commission@CityofPaloAlto.org at least 24 hours prior to the meeting.Once received, the Clerk will have them shared at public comment for the specified item. Touphold strong cybersecurity management practices, USB’s or other physical electronic storagedevices are not accepted.TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the
meeting is in progress. The Commission reserves the right to use more or less time on any item,
to change the order of items and/or to continue items to another meeting. Particular items may
be heard before or after the time estimated on the agenda. This may occur in order to best
manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER/ ROLL CALL
PUBLIC COMMENT
Members of the public may speak to any item NOT on the agenda. Three (3) minutes per speaker.
AGENDA CHANGES, ADDITIONS AND DELETIONS
The Chair or Board majority may modify the agenda order to improve meeting management.
CITY OFFICIAL REPORTS
1.Director's Report, Meeting Schedule and Assignments
STUDY SESSION
Public Comment is Permitted. Three (3) minutes per speaker.
2.Tree Protection Ordinance Year One Review and Recommendations
6:10 PM – 7:10 PM
COMMISSIONER QUESTIONS, COMMENTS, ANNOUNCEMENTS OR FUTURE MEETINGS AND
AGENDAS
Members of the public may not speak to the item(s).
ADJOURNMENT
INFORMATIONAL REPORT
3.Informational Report Regarding 2023 State Legislation
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email,
teleconference, or by phone.
1. W r i t t e n p u b l i c c o m m e n t s m a y b e s u b m i t t e d b y e m a i l t o
planning.commission@cityofpaloalto.org.
2. Spoken public comments using a computer will be accepted through the
teleconference meeting. To address the Commission, click on the link below to access a
Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using
your browser, make sure you are using a current, up‐to‐date browser: Chrome 30,
Firefox 27, Microsoft Edge 12, Safari 7. Certain functionality may be disabled in
older browsers including Internet Explorer.
You may be asked to enter an email address and name. We request that you
identify yourself by name as this will be visible online and will be used to notify you
that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will
activate and unmute speakers in turn. Speakers will be notified shortly before they
are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be
shown on the computer to help keep track of your comments.
3. Spoken public comments using a smart phone will be accepted through the
teleconference meeting. To address the Commission, download the Zoom application
onto your phone from the Apple App Store or Google Play Store and enter the Meeting ID
below. Please follow the instructions above.
4. Spoken public comments using a phone use the telephone number listed below. When
you wish to speak on an agenda item hit *9 on your phone so we know that you wish to
speak. You will be asked to provide your first and last name before addressing the
Commission. You will be advised how long you have to speak. When called please limit
your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 916 4155 9499 Phone:1‐669‐900‐6833
Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public
programs, services and meetings in a manner that is readily accessible to all. Persons with
disabilities who require materials in an appropriate alternative format or who require auxiliary
aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at
(650) 329‐2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or
accommodations must be submitted at least 24 hours in advance of the meeting, program, or
service.
PLANNING AND TRANSPORTATION COMMISSIONRegular MeetingWednesday, November 08, 2023Council Chambers & Hybrid6:00 PMPursuant to AB 361 Palo Alto City Council meetings will be held as “hybrid” meetings with theoption to attend by teleconference/video conference or in person. To maximize public safetywhile still maintaining transparency and public access, members of the public can choose toparticipate from home or attend in person. Information on how the public may observe andparticipate in the meeting is located at the end of the agenda. Masks are strongly encouraged ifattending in person. The meeting will be broadcast on Cable TV Channel 26, live onYouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen MediaCenter https://midpenmedia.org. Commissioner names, biographies, and archived agendas andminutes are available at http://bit.ly/PaloAltoPTC. VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/91641559499)Meeting ID: 916 4155 9499 Phone: 1(669)900‐6833PUBLIC COMMENTSPublic comments will be accepted both in person and via Zoom for up to three minutes or anamount of time determined by the Chair. All requests to speak will be taken until 5 minutesafter the staff’s presentation. Written public comments can be submitted in advance toPlanning.Commission@CityofPaloAlto.org and will be provided to the Commission and availablefor inspection on the City’s website. Please clearly indicate which agenda item you arereferencing in your subject line.Spokespersons that are representing a group of five or more people who are identified aspresent at the meeting at the time of the spokesperson's presentation will be allowed up tofifteen (15) minutes at the discretion of the Chair, provided that the non‐speaking membersagree not to speak individually. The Chair may limit Public Comments to thirty (30) minutes forall combined speakers. The Chair may reduce the allowed time to speak for Study Sessions andAction Items to two (2) minutes or less to accommodate a larger number of speakers.PowerPoints, videos, or other media to be presented during public comment are accepted onlyby email to Planning.Commission@CityofPaloAlto.org at least 24 hours prior to the meeting.Once received, the Clerk will have them shared at public comment for the specified item. Touphold strong cybersecurity management practices, USB’s or other physical electronic storagedevices are not accepted.TIME ESTIMATESListed times are estimates only and are subject to change at any time, including while themeeting is in progress. The Commission reserves the right to use more or less time on any item,to change the order of items and/or to continue items to another meeting. Particular items maybe heard before or after the time estimated on the agenda. This may occur in order to bestmanage the time at a meeting or to adapt to the participation of the public.CALL TO ORDER/ ROLL CALLPUBLIC COMMENT Members of the public may speak to any item NOT on the agenda. Three (3) minutes per speaker.AGENDA CHANGES, ADDITIONS AND DELETIONSThe Chair or Board majority may modify the agenda order to improve meeting management.CITY OFFICIAL REPORTS1.Director's Report, Meeting Schedule and AssignmentsSTUDY SESSIONPublic Comment is Permitted. Three (3) minutes per speaker.2.Tree Protection Ordinance Year One Review and Recommendations6:10 PM – 7:10 PMCOMMISSIONER QUESTIONS, COMMENTS, ANNOUNCEMENTS OR FUTURE MEETINGS ANDAGENDASMembers of the public may not speak to the item(s).ADJOURNMENTINFORMATIONAL REPORT
3.Informational Report Regarding 2023 State Legislation
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email,
teleconference, or by phone.
1. W r i t t e n p u b l i c c o m m e n t s m a y b e s u b m i t t e d b y e m a i l t o
planning.commission@cityofpaloalto.org.
2. Spoken public comments using a computer will be accepted through the
teleconference meeting. To address the Commission, click on the link below to access a
Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using
your browser, make sure you are using a current, up‐to‐date browser: Chrome 30,
Firefox 27, Microsoft Edge 12, Safari 7. Certain functionality may be disabled in
older browsers including Internet Explorer.
You may be asked to enter an email address and name. We request that you
identify yourself by name as this will be visible online and will be used to notify you
that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will
activate and unmute speakers in turn. Speakers will be notified shortly before they
are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be
shown on the computer to help keep track of your comments.
3. Spoken public comments using a smart phone will be accepted through the
teleconference meeting. To address the Commission, download the Zoom application
onto your phone from the Apple App Store or Google Play Store and enter the Meeting ID
below. Please follow the instructions above.
4. Spoken public comments using a phone use the telephone number listed below. When
you wish to speak on an agenda item hit *9 on your phone so we know that you wish to
speak. You will be asked to provide your first and last name before addressing the
Commission. You will be advised how long you have to speak. When called please limit
your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 916 4155 9499 Phone:1‐669‐900‐6833
Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public
programs, services and meetings in a manner that is readily accessible to all. Persons with
disabilities who require materials in an appropriate alternative format or who require auxiliary
aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at
(650) 329‐2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or
accommodations must be submitted at least 24 hours in advance of the meeting, program, or
service.
Item No. 1. Page 1 of 2
Planning & Transportation Commission
Staff Report
From: Planning and Development Services Director
Lead Department: Planning and Development Services
Meeting Date: November 8, 2023
Report #: 2310-2147
TITLE
Director's Report, Meeting Schedule and Assignments
RECOMMENDATION
Staff recommends that the Planning and Transportation Commission (PTC) review and comment as
appropriate.
BACKGROUND
This document includes the following items:
PTC Meeting Schedule
PTC Representative to City Council (Rotational Assignments)
Upcoming PTC Agenda Items
Prior PTC meetings are available online at https://midpenmedia.org/category/government/city-
of-palo-alto/boards-and-commissions/planning-and-transportation-commission.
Commissioners are encouraged to contact Veronica Dao (Veronica.Dao@CityofPaloAlto.org) to
notify staff of any planned absences one month in advance, if possible, to ensure the
availability of a PTC quorum.
PTC Representative to City Council is a rotational assignment where the designated
commissioner represents the PTC’s affirmative and dissenting perspectives to Council for
quasijudicial and legislative matters. Representatives are encouraged to review the City Council
agendas (https://www.cityofpaloalto.org/City-Hall/City-Council/Council-Agendas-Minutes) for
the months of their respective assignments to verify if attendance is needed or contact staff.
UPCOMING PTC ITEMS
The below dates have the following tentative items:
November 29:
Study Session: Active Palo Alto: Bike/Ped Plan Update Introduction & Visioning
Item 1
Staff Report
Packet Pg. 4
Item No. 1. Page 2 of 2
Action: Review and Recommend Comprehensive Plan Implementation Annual Progress
Report and Housing Element Annual Progress Report
December 13:
Action: 2501 Embarcadero Road, Advance Water Purification System
Action: 420 Acacia Avenue Vesting Tentative Map (16 residential units)
January 17:
Housing Element Revisions
January 31:
NVCAP Formal Recommendation to Council
FISCAL/RESOURCE IMPACT
This action has no fiscal impact.
ATTACHMENTS
Attachment A: 2023-2024 Schedule & Assignments
AUTHOR/TITLE:
Amy French, Chief Planning Official
Item 1
Staff Report
Packet Pg. 5
Planning & Transportation Commission
2023-2024 Meeting Schedule & Assignments
2023-2024 Schedule
Meeting Dates Time Location Status Planned Absences
1/11/2023 6:00 PM Hybrid Cancelled
1/25/2023 6:00 PM Hybrid Cancelled
2/08/2023 6:00 PM Hybrid Regular
2/22/2023 6:00 PM Hybrid Regular
3/08/2023 6:00 PM Hybrid Regular
3/29/2023 6:00 PM Hybrid Regular
4/12/2023 6:00 PM Hybrid Cancelled Bryna Chang
4/26/2023 6:00 PM Hybrid Regular Bart Hechtman
5/08/2023 6:00 PM Hybrid Joint Session w/ Council
5/10/2023 6:00 PM Hybrid Regular
5/31/2023 6:00 PM Hybrid Regular
6/14/2023 6:00 PM Hybrid Regular Bart Hechtman
6/28/2023 6:00 PM Hybrid Regular Bryna Chang
7/12/2023 6:00 PM Hybrid Regular Bart Hechtman
7/26/2023 6:00 PM Hybrid Regular George Lu
8/09/2023 6:00 PM Hybrid Regular
8/30/2023 6:00 PM Hybrid Regular
9/13/2023 6:00 PM Hybrid Regular
9/27/2023 6:00 PM Hybrid Cancelled
10/11/2023 6:00 PM Hybrid Regular
10/25/2023 5:00 PM Hybrid Special
11/08/2023 6:00 PM Hybrid Regular
11/29/2023 6:00 PM Hybrid Regular
12/13/2023 6:00 PM Hybrid Regular
12/27/2023 6:00 PM Hybrid Cancelled
1/10/2024 6:00 PM Hybrid Cancelled
1/17/2024 6:00 PM Hybrid Special
1/31/2024 6:00 PM Hybrid Regular
2/14/2024 6:00 PM Hybrid Regular
2023-2024 Assignments - Council Representation (primary/backup)
January 2024 February 2024 March 2024 April 2024 May 2024 June 2024
Cari Templeton
Keith Reckdahl
Bart Hechtman
Doria Summa
Bryna Chang
George Lu
Doria Summa
Allen Akin
Keith Reckdahl
Cari Templeton
George Lu
Bryna Chang
July 2024 August 2024 September 2024 October 2024 November 2023 December 2023
Allen Akin
Bart Hechtman
Doria Summa
George Lu
Bart Hechtman
Keith Reckdahl
Cari Templeton
Bryna Chang
Allen Akin
Bart Hechtman
George Lu
Doria Summa
Item 1
Attachment A - PTC 2023-
2024 Schedule &
Assignments
Packet Pg. 6
Item No. 2. Page 1 of 8
Planning & Transportation Commission
Staff Report
From: Urban Forester
Lead Department: Public Works, Urban Forestry
Meeting Date: November 8, 2023
Report #: 2310-2112
TITLE
Tree Protection Ordinance Year One Review and Recommendations
RECOMMENDATION
Staff is requesting feedback from the Planning and Transportation Commission on the proposed
changes to Chapter 8.10 of the Palo Alto Municipal Code (PAMC) as outlined in this report and
included as Attachment A, as well as feedback on the potential additional actions.
EXECUTIVE SUMMARY
Implementation of the new Tree Protection Ordinance began in July 2022 and is still in
progress. During the adoption of the updated Tree Protection Ordinance in June of 2022, Staff
was directed by Council to review the ordinance with the Parks and Recreation Commission
(PRC) and Planning and Transportation Committee (PTC) near the one-year mark. As directed by
Council[1], staff evaluated the updated ordinance over the first year and are presenting the
findings to this body, requesting feedback on staff-recommended changes to the PAMC Title 8.
BACKGROUND
Title 8 of Palo Alto Municipal Code (PAMC) contains regulations governing street trees, shrubs
and plants (Chapter 8.04), weed abatement (Chapter 8.08), and tree preservation and
management (Chapter 8.10). The Tree Protection Ordinance updates made in 2022 focused on
implementation of Council approved policies contained in the 2030 Comprehensive Plan
(Natural Environment Chapter), and the Urban Forest Master Plan. Additional code updates
included changes prompted by State law, specifically Executive Order B-29-15, also known as
the Model Water Efficient Landscape Ordinance. Changes made to the ordinance ranged from
significant policy changes, like expanding the types of protected trees and revising allowances
for tree removal, to more clerical updates, like updating authorized officers and accounting for
recent changes in other development-related codes.
ANALYSIS
Proposed Ordinance Updates
Item 2
Staff Report
Packet Pg. 7
Item No. 2. Page 2 of 8
During the first year of ordinance implementation staff noted any areas of the updated code
that might warrant edits to increase clarity. Many of the proposed updates that are included in
the attached Draft Updates to PAMC Chapter 8.10 center around this goal. The following areas
have proposed changes to increase clarity or simplify the wording of the code:
•8.10.020(d) – Designated Arborist – Clarification as to when the applicant chooses the
arborist and when the arborist is chosen by the city
•8.10.020(l)(4) – Protected Trees - Designated Trees – Clarification that designated trees are
any trees that were planted as part of an approved project, past or current
•8.10.040(b) – Tree Disclosure Requirements – Reorganization of the types of trees that need
to be disclosed for clarity
•8.10.050(a)(1) – Clarification on type of permits needed – tree removals outside of
development on parcels other than single-family (R-1) or low density residential (RE, R-2, or
RMD) require a staff level architectural review through planning, not a tree removal permit
through public works
•8.10.050(a)(2) – Clarification on details of development moratoriums imposed as conditions
of tree removal permits
•8.10.050(d)(1) – Twenty-Five Percent Rule – clarification on method used to calculate the
percentage impact of protected trees on buildable area
In addition to the areas listed above requiring clarification, other areas have more substantial
proposed changes. These changes are being proposed to address issues that arose during the
first year of implementation. Some of the issues raised during the first year of the updated
ordinance centered around the 2023 winter storm season. The series of storms the Bay Area
saw last winter was very unusual. The storms included high rainfall totals in very short time
spans and strong winds from non-prevailing directions with little or no time for recovery in
between events. Many citizen concerns centered around the permission to remove a hazardous
tree. The ability of a tree owner to remove a hazardous tree is already contained in the
ordinance. Staff created a new list of FAQs[2] to try and address some of the concerns.
8.10.050 Removal of Protected Trees
Several changes are proposed to 8.10.050. Under 8.10.050(a)(1), item (ii) has been separated
into (ii) and (iv). The proposed (ii) and (iv) now read:
(ii) It is a detriment to or is crowding an adjacent protected tree.
(iv) It is impacting the foundation or eaves of a residence or any covered parking required
under Title 18.
This change allows (ii) to be cited as a reason for removal during a development project, while
isolating the use of (iv) to removal in the absence of development only.
A new reason for removal is being proposed as 8.10.050(a)(1)(iii). This reason for removal is
intended to address some of the issues that presented during the first year of ordinance
implementation. Occasionally situations arise where removal and replacement of an existing
Item 2
Staff Report
Packet Pg. 8
Item No. 2. Page 3 of 8
protected tree would be appropriate, yet the existing code does not allow for its removal. The
proposed (iii) would address most of these situations:
(iii) It is at risk for retrenchment or other tree decline coping processes, or is structurally
incompatible with its immediate environment.
Retrenchment in trees is defined as the process by which over-mature trees in natural settings
reconfigure as they age and deteriorate. This process is sometimes called ‘natural
retrenchment’. The tree may continue to grow trunk diameter while branches die and fail—
reducing overall height of the tree while maintaining or increasing stability. Some specific
examples of where 8.10.050(a)(1)(iii) might be applied include the following:
•A protected tree with a structure that negatively impacts its surroundings but does not
qualify for removal under current code. This could be a tree that has a lopsided and
unrepairable canopy that encroaches on a home but does not meet criteria as either a
hazard tree or as directly damaging foundation or eaves.
•A protected tree that has entered end-of-life decline but does not qualify for removal under
current code. This could be a tree species that is known to have a shorter life span in a
landscape setting and may begin to drop limbs as a coping mechanism when in decline. The
tree may not yet present as a hazard tree. As with all reasons listed under 8.10.50(a)(1),
treatments and corrective practices must be infeasible to invoke (iii) as a reason for
removal.
A new reason for removal is also being proposed under 8.10.050(b)(2). This involves the
inclusion of the “25% Rule” to residential projects. This rule allows the removal of a protected
tree if the tree protection zone of the tree occupies 25% or more of the parcels buildable area.
Historically this reason has been used on residential projects and was intended to be available
to future projects. This change is intended to recognize this and to correct the oversight.
Clarification to the language defining the “25% rule” has also been added, both in the proposed
new location of 8.10.050(b)(2) and the existing location of 8.10.050(d)(1). The changes center
around how the impact to the buildable area is calculated. The proposed changes to both codes
now read:
Retention of one or more trees would result in reduction of the otherwise-permissible
buildable area of the lot by more than twenty-five percent, and there is no financially
feasible design alternative that would permit preservation of the tree(s), where financially
feasible means an alternative that preserves the tree(s) unless retaining the tree(s) would
increase project cost by more than twice the reproduction cost of the tree or ten percent of
the given project valuation, whichever is greater. All tree protection zones impacting
buildable area are included in the reduction of buildable area calculation.
The last new reason for removal being proposed is under 8.10.050(d)(3). This is intended to
address concerns first raised by Stanford University staff during the review of the Tree
Item 2
Staff Report
Packet Pg. 9
Item No. 2. Page 4 of 8
Ordinance in May and June of 2022. The concern presented was that the ordinance as
proposed in 2022 did not allow for discretion regarding tree removal and replacement on larger
projects that were subject to the regular planning approval process.
During the 2022 ordinance review process, staff believed that a reading of the existing Title 18
code included the needed discretion surrounding protection and removal of trees on these
larger projects. Further review of the code over the last year has determined that discretion
regarding the protection and removal of trees on these types of projects is not explicitly
granted under Title 18. To resolve this, staff is proposing to add the following reason for
removal under 8.10.050(d)(3):
(3) Discretionary development approval determines that the final project would result in
either net tree canopy increase on the property within fifteen years, or replacement of
trees, shrubs, and plants consistent with Urban Forest Master Plan Goal 2: "Re-generated
native woodland and riparian landscapes as the key ecological basis of the urban forest
with focus on native species and habitat," and climate adaptive, drought tolerant, non-
native species, and right tree in the right place principles.
This addition seeks to include the specific type of discretion that was already being applied to
larger commercial projects under both versions of the Tree Protection Ordinance.
The final proposed change seeks to address the issue of exemptions to excessive pruning
requirements. Some horticultural and arboricultural practices may exceed the maximum
pruning limits outlined in 8.10.020(j). These may include trees that have been grown and
maintained as a hedge, trees that are being purposefully reduced on a regular basis to fit a
growing space, or trees subject to specific cultural practices such as pollarding or espalier
training. The exemption language as proposed would be located under 8.10.070(c):
(c) Any requests to exceed the limits for pruning set forth in Section 8.10.020(j)(1) or (2)
shall be submitted to the urban forester by the property owner or their designee at least
fourteen days prior to pruning a protected tree. Each request shall be accompanied by a
statement explaining why exceedance of the limits is warranted. No pruning that exceeds
the limits set forth in Section 8.10.020(j)(1) or (2) shall take place without the approval of
the urban forester.
Potential Additional Actions
While staff has presented potential updates to Chapter 8.10 intended to address issues
encountered during the first year of ordinance implementation, there are other actions that
could be considered. These options are being presented as potential additional actions in
response to concerns raised during the 2023 storm season, during the June 19, 2023 City
Council study session on Tree Ordinance Implementation[3] , and through feedback on the City’s
housing element from the State Housing and Community Development department.
Exemptions for Certain Housing Projects
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The State Housing and Community Development department commented on the City’s housing
element in its August 3, 2023 letter noting a need for further analysis related to, among other
regulations, the impact of the City’s tree protection ordinance on housing. Specifically, the
City’s updated housing element must analyze the tree ordinance as a potential constraint on a
variety of housing types. While the City has previously taken measures to address concerns
regarding ADUs and the contemplated changes referenced in this report would address single-
family homes and some commercial mixed-use projects, more work may be needed to ensure
the City’s tree policies are not a constraint to qualifying housing accountability projects.
Accordingly, staff is exploring the appropriateness of additional regulations that would seek to
balance the local and state interests for more housing production with City’s desire to preserve
and support tree health and expand the tree canopy. Some initial concepts staff is considering
would apply to projects with four or more units with at least two-thirds of the project floor area
dedicated toward housing. If a tree protected by the City’s ordinance would require a redesign
of the project that triggers one or more of the following, the tree or trees would be approved
for removal, including:
•A redesign to accommodate the tree costs two times the replacement cost of the tree
(existing provision) or more than 5% of the total project valuation (down from 10%
applicable to other projects) whichever is greater;
•A redesign that requires a greater parking reduction than authorized by the code; or
•A redesign that requires a density reduction of 5% or greater.
Staff continues to evaluate the need for these additional regulations in the context of the other
contemplated modifications and welcomes the PTC’s initial feedback.
Changes to the Definition of Protected Trees
Staff could explore proposing changes to the definition of protected trees. This could
potentially involve one or more of the following options:
•Elimination of one or more specific protected native species
•Increasing the diameter threshold for protected native species (currently 11.5”)
•Increasing the diameter threshold for coastal redwood (currently 18”)
•Increasing the diameter threshold for all other species (currently 15”)
Depending on the changes proposed, the total number of protected trees would decrease in
differing amounts based on changes in protected species or protected diameters. Under the
current ordinance, the definition of a Protected Tree includes the following:
Specific native species protected at 11.5” diameter at breast height (DBH):
•Acer macrophyllum (Bigleaf Maple)
o Calocedrus decurrens (Incense Cedar)
o Quercus agrifolia (Coast Live Oak)*
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o Quercus douglasii (Blue Oak)
o Quercus kelloggii (California Black Oak)
o Quercus lobata (Valley Oak)*
•Species protected at 18” DBH:
o Sequoia sempervirens (Coast Redwood)*
•Protected Mature Trees at 15” DBH:
o includes all species not listed above except:
▪Invasive species per Cal-IPC
▪High Water Users per WUCOLS (Excluding Redwood)
•Other protected tree categories:
o Any tree designated for protection during review and approval of a development
project
o Any tree designated for carbon sequestration and storage and/or for
environmental mitigation purposes
o Any replacement mitigation tree or other tree designated to be planted due to
the conditions listed in this ordinance
* species protected prior to July 21, 2022
Using a dataset of almost 10,500 private trees as a representative sample, staff used an average
of several calculation methods contained in the 2017 California Urban Forest Study by Greg
McPherson[4], to estimate species and size distribution for our entire private tree urban forest.
If changes to the definition of protected trees are explored, estimates of the impact to the total
number of protected trees can be made using our existing sample data set. Totals shown in the
table below represent the estimate of total protected trees under the current ordinance.
Total Urban Forest Tree Estimates
Total Trees Estimate (excluding WUI area) 600,000
All Private Proposed Protected trees based on total trees #
Species Count %
COAST LIVE OAK =/> 11.5 DBH 35,580 5.93%
VALLEY OAK =/> 11.5 DBH 5,640 0.94%
REDWOOD =/> 18" DBH 40,500 6.75%
BIG LEAF MAPLE =/> 11.5" DBH 60 0.01%
INCENSE CEDAR =/> 11.5" DBH 1,860 0.31%
BLUE OAK =/> 11.5" DBH 240 0.04%
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CA BLACK OAK =/> 11.5" DBH 60 0.01%
ALL OTHERS =/> 15" (Minus CalIPC/WULCOS)140,160 23.36%
New Protected Tree Total 224,100 37.35%
Old Protected Tree Total 81,720 13.62%
Changes to Allowable Reasons for Removal
Staff could explore more substantial changes or additions to the allowable reasons for removal.
While staff believes the proposed changes included in Attachment A address many of the
concerns raised by both staff and the public in the wake of this past winter’s storms, additional
changes could be considered.
FISCAL/RESOURCE IMPACT
The proposed changes to Chapter 8.10 should have no additional impact on staff resources.
STAKEHOLDER ENGAGEMENT
Public outreach regarding the updated ordinance has been ongoing since the adoption of the
updated ordinance in June of 2022. The majority of public outreach has been conducted by City
staff and the City’s urban forestry non-profit partner Canopy. Below is a list of outreach efforts
that have been completed or are currently in progress.
• City Urban Forestry webpages have been updated to reflect new ordinance.
o New Tree Ordinance Information page created and expanded.
•New Tree FAQs[5] created to address many questions about the tree ordinance and
storm related tree issues.
•Creation of a new general trees email address (trees@cityofpaloalto.org) to simplify
contacting the Urban Forestry Section.
•Canopy webpages updated to mirror new information info on City web pages.
•Canopy tree walk flyers updated to highlight Tree ordinance updates.
•Canopy Tree-news has released 3 Issues (June 2022, January 223, April 2023) that speak
about the updated tree ordinance.
o Tree news issues reach approximately 4500 subscribers.
•An email distribution list of arborists, tree care companies and Urban Forestry advocates
has been complied by city staff and informational updates are being sent periodically.
These updates have been added to the Tree Ordinance Information webpage as PDFs[6].
Staff is in the process of translating these updates into Spanish language versions as
well. Anyone can be added to the list by email request sent to trees@cityofpaloalto.org
The following outreach components are still in development and will be put in place in the
coming months.
•A direct mailed Postcard is to all Palo Alto residents providing information about the
updated TPO.
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•Utility bill insert and email highlighting new ordinance information.
•Informational ads in local printed and electronic press.
•Live webinar sessions targeted at local arborists and tree care companies to review new
ordinance requirements. These will be recorded and posted to the city website.
Based on feedback received at the October 24th Parks and Recreation Commission meeting,
staff plan to explore the possibility of adding the following additional outreach components.
•Webinars, workshops, or Utility inserts focused on how to prepare trees for storm
season and how to care for them after storms.
•Inclusion of more tree related information and resources into the city’s regular
informational postings on electronic media.
ENVIRONMENTAL REVIEW
This proposed update to the Tree Protection Ordinance is not subject to the California
Environmental Quality Act.
ATTACHMENTS
Attachment A: Chapter 8.10 of PAMC - Draft Proposed Changes 10.17.23 (redline)
AUTHOR/TITLE:
Peter Gollinger, Manager Urban Forestry
[1] Action Minutes from June 6, 2022 Council Meeting:
https://cityofpaloalto.primegov.com/Public/CompiledDocument?meetingTemplateId=12239&compileOutputType=1
[2] Palo Alto Urban Forestry FAQs: https://www.cityofpaloalto.org/Departments/Public-Works/Public-Services/Palo-Altos-
Urban-Forest/Frequently-Asked-Questions
[3] June 19, 2023 City Council Agenda: https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=1170
[4] McPherson G.E., 2017. The structure, function, and value of urban forests in California communities. Urban
Forestry & Urban Greening 28 (2017) 43-53:
https://www.fs.usda.gov/psw/publications/mcpherson/psw_2017_mcpherson005.pdf
[5] New Urban Forestry Trees Frequently Asked Questions:
https://www.cityofpaloalto.org/Departments/Public-Works/Public-Services/Palo-Altos-Urban-Forest/Frequently-Asked-
Questions
[6] Example of a Tree Ordinance Information Update:
https://www.cityofpaloalto.org/files/assets/public/public-works/tree-section/new-folder/palo-alto-treeordinance-information-
updates-1-protected-trees.pdf
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DRAFT PROPOSED UPDATES TO PAMC CHAPTER 8.10
Chapter 8.10
TREE AND LANDSCAPE PRESERVATION AND MANAGEMENT
Sections:
8.10.010 Purpose.
8.10.020 Definitions.
8.10.030 Tree and Landscape Technical Manual.
8.10.040 Disclosure of information regarding existing trees.
8.10.050 Removal of protected trees.
8.10.055 Tree replacement.
8.10.060 No limitation of authority under Titles 16 and 18.
8.10.070 Care of protected trees.
8.10.080 Development conditions.
8.10.090 Designation of heritage trees.
8.10.092 Tree removal in wildland- urban interface area.
8.10.095 Tree removal in Hospital District Zone.
8.10.100 Enforcement.
8.10.110 Remedies for violation.
8.10.120 Fees.
8.10.130 Severability.
8.10.140 Applications, notice, and appeals.
8.10.010 Purpose.
The purpose of this chapter is to protect specified trees located on private property
within the city, and establish standards for removal, maintenance, and planting of trees and
landscaping. In establishing these procedures and standards, the city recognizes that trees
and landscaping are an essential part of the city's infrastructure. Their benefits include
promoting the health, safety, welfare, and quality of life of the residents of the city;
addressing climate change by sequestering carbon and providing a cooling effect; reducing
air, water, and noise pollution; preventing soil erosion and stormwater runoff; providing
wildlife habitat; and enhancing the aesthetic environment. It is the city's intent to
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encourage both the preservation of trees and the proactive incorporation of trees and their
benefits within development.
8.10.020 Definitions.
For the purposes of this chapter, terms defined in Chapter 8.04 shall have the same
meanings in this chapter, and the following terms shall have the meaning ascribed to them
in this section:
(a) "Basal flare" means that portion of a tree where there is a rapid increase in diameter
at the confluence of the trunk and root crown and trunk.
(b) "Buildable area" means that area of a parcel:
(1) Upon which, under applicable zoning regulations, a structure may be built without a
variance, design enhancement exception, or home improvement exception; or
(2) Necessary for construction of primary access to structures located on or to be
constructed on the parcel, where there exists no feasible means of access which would
avoid protected trees. On single-family residential parcels, the portion of the parcel deemed
to be the buildable area for primary access shall not exceed ten feet in width.
(c) "Building footprint" means the two-dimensional configuration of a building's
perimeter boundaries as measured on a horizontal plane at ground level.
(d) "Designated arborist" means an arborist certified by the International Society of
Arboriculture or another nationally recognized tree research, care, and preservation
organization, selected by the urban forester for inclusion in a list of approved arborists to
be: hired by:
(1) Hired by Aan applicant at their own expense, or
(2) Chosen by Tthe city at an applicant's expense, if a project includes a public hearing.
(e) "Development" means any work upon any property in the city which requires a
subdivision, planned community zone, variance, use permit, building permit, demolition
permit, or other city approval or which involves excavation, landscaping or construction
within the dripline area of a protected tree or is subject to requirements of the California
Model Water Efficient Landscape Ordinance (MWELO).
(f) "Director of planning and development services" means the director of planning and
development services or their designee.
(g) "Director of public works" means the director of public works or their designee.
(h) "Discretionary development approval" means planned community zone, subdivision,
use permit, variance, home improvement exception, design enhancement exception,
architectural review board approval, or any proposal or application that requires the
discretion of the authorizing person or entity.
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(i) "Dripline area" or “tree protection zone” means the area defined by the projection to
the ground of the outer edge of the canopy or a circle with a radius ten times the diameter
of the trunk as measured four and one-half feet (fifty-four inches) above natural grade,
whichever is greater.
(j) "Excessive pruning" of a protected tree means any of the following:
(1) Removal of more than one-fourth (twenty-five percent) of the functioning leaf, stem,
or root area of a tree in any twenty-four-month period.
(2) Removal of more than fifteen percent of the functioning root area of any Quercus
(oak) species in any thirty-six-month period.
(3) Any removal of the functioning leaf, stem, or root area of a tree so as to cause a
significant decline in health, increased risk of failure, or the unbalancing of a tree.
(k) "Hazardous" means an imminent hazard which constitutes a high or extreme threat
to the safety of persons or property as defined by American National Standards Institute
A300, Part 9.
(l) "Protected" tree means any of the following:
(1) Any locally native tree of the species Acer macrophyllum (Bigleaf Maple), Calocedrus
decurrens (California Incense Cedar), Quercus agrifolia (Coast Live Oak), Quercus douglasii
(Blue Oak), Quercus kelloggii (California Black Oak), or Quercus lobata (Valley Oak) which
is eleven and one-half inches in diameter (thirty-six inches in circumference) or more when
measured four and one-half feet (fifty-four inches) above natural grade.
(2) Any Coast Redwood tree (species Sequoia sempervirens) that is eighteen inches in
diameter (fifty-seven inches in circumference) or more when measured four and one-half
feet (fifty-four inches) above natural grade.
(3) Any tree larger than fifteen inches in diameter (forty-seven inches in circumference)
or more when measured four and one-half feet (fifty-four inches) above natural grade of
any species except those invasive species described as weeds in Section 8.08.010 and those
species classified as high water users by the wWater uUse cClassification of the lLandscape
sSpecies (WUCOLS) list approved by the California Department of Water Resources (with
the exception of Coast Redwood).
(4) Any tree designated for protection during review and approval of a current or
previously completed development project. On parcels zoned other than single-family (R-
1) or low density (RE, R-2, or RMD) residential, species exempted under Section
8.10.020(l)(3) may be protected as a designated tree.
(5) Any tree designated for carbon sequestration and storage and/or environmental
mitigation purposes as identified in an agreement between the property owner and a
responsible government agency or recorded as a deed restriction.
(6) Any heritage tree designated by the city council in accordance with the provisions of
this chapter.
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(7) Any replacement mitigation tree or other tree designated to be planted due to the
conditions listed in Section 8.10.055.
(m) "Protected tree removal permit" means a permit issued to allow a person to remove
a protected tree.
(n) "Remove" or "removal" means:
(1) Complete removal, such as cutting to the ground or extraction, of a tree; or
(2) Taking any action foreseeably leading to the death of a tree or permanent damage to
its health; including but not limited to excessive pruning, cutting, topping, girdling,
poisoning, overwatering, underwatering, unauthorized relocation or transportation of a
tree, or trenching, excavating, altering the grade, or paving within the dripline area of a
tree.
(o) "Tree report" means a report prepared by a designated arborist.
(p) "Tree and Landscape Technical Manual" means the regulations issued by the city
manager to implement this chapter.
8.10.030 Tree and Landscape Technical Manual.
The city manager, through the urban forestry section, and public works and planning and
development services departments, shall issue regulations necessary for implementation
and enforcement of this chapter, which shall be known as the Tree and Landscape
Technical Manual. In the event of a conflict between the provisions of this Title 8 and the
Tree and Landscape Technical Manual, this Title 8 shall prevail. The Tree and Landscape
Technical Manual will be made readily available to the public and shall include, but need
not be limited to, standards and specifications regarding the following:
(a) Protection of trees during construction.
(b) Replacement of trees allowed to be removed pursuant to this chapter where such
replacements:
(1) Prioritize the use of locally native species, as listed in Section 8.10.020(l)(1),
consistent with Urban Forest Master Plan Goal 2: "Re-generated native woodland and
riparian landscapes as the key ecological basis of the urban forest with focus on native
species and habitat;"
(2) Include climate adaptive, drought tolerant, non-native species as needed to satisfy
right tree in the right place principles; and
(3) Incorporate a secondary goal of net tree canopy increase on the property within
fifteen years.
(c) Maintenance of protected trees (including but not limited to pruning, irrigation, and
protection from disease).
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(d) The format and content of tree reports required to be submitted to the city pursuant
to this chapter.
(e) The criteria for determining whether a tree is hazardous within the meaning of this
chapter.
(f) Landscape design, irrigation, and installation standards consistent with the city's
water efficient landscape regulations.
8.10.040 Disclosure of information regarding existing trees.
(a) Any application for development or demolition shall be accompanied by a statement
by a designated arborist which discloses whether any protected trees exist on the property
which is the subject of the application, and describing each such tree, its species, size,
dripline area, and location. This requirement shall be met by including the information on
plans submitted in connection with the application.
(b) In addition, the location and species of allany other trees which is four inches in
diameter (thirteen inches in circumference) or more when measured four and one-half feet
(fifty-four inches) above natural grade shall be shown on the plans if the tree is:
(1) oOn the property andor in the adjacent public right-of-way, which are and is within
thirty feet of the building footprint proposed for development, or
(2) and trees lLocated on adjacent property within thirty feet of the proposed building
footprint, or
(3) Close enoughwith that its canopyies overhangsing the project site, shall be shown on
the plans, identified by species.
(c) The director of public works or urban forester may require submittal of such other
information as is necessary to further the purposes of this chapter including but not
limited to photographs.
(d) Disclosure of information pursuant to this section shall not be required when the
development for which the approval or permit is sought does not involve any change in an
existing building footprint nor any grading, trenching, paving, or any change in landscaping
which could alter water availability to established plants, hedges, shrubs, or trees.
(e) The urban forester or the designated arborist for a project shall add identified
protected trees into the city's tree inventory database, and in coordination with the
planning and development services departments, into city parcel reports.
(f) Knowingly or negligently providing false or misleading information in response to
this disclosure requirement shall constitute a violation of this chapter.
8.10.050 Removal of protected trees.
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It shall be a violation of this chapter for anyone to remove or cause to be removed a
protected tree, except pursuant to a protected tree removal permit issued under Section
8.10.140 consistent with the following:
(a) In the absence of proposed development:
(1) A protected tree shall not be removed unless the urban forester grants a protected
tree removal permit, or on parcels zoned other than single-family (R-1) or low density
residential (RE, R-2, or RMD), the director of planning and development services issues
permission for removal through staff level architectural review pursuant to Section
18.76.020(b)(3), having determined, on the basis of a tree report prepared by a designated
arborist and other relevant information, that treatments or corrective practices are not
feasible, and that the tree should be removed because any of the following apply:
(i) It is dead, is hazardous, or constitutes a nuisance under Section 8.04.050 of this code.
(ii) It is a detriment to or is crowding an adjacent protected tree., or is impacting the
foundation or eaves of a residence or any covered parking required under Title 18.
(iii) It is at risk for retrenchment or other tree decline coping processes, or is
structurally incompatible with its immediate environment.
(iv) It is impacting the foundation or eaves of a residence or any covered parking required
under Title 18.
(2) In the event a protected tree is removed pursuant to a protected tree removal permit
granted under this subsection, the director of planning and development services in
consultation with the urban forester may issue a temporary moratorium on development
of the subject property may be issued by the urban forester for up not to exceed thirty-six
months, or by the director of planning and development services in consultation with the
urban forester for more than thirty-six months, from the date the tree removal occurred.
Completion of required mitigation measures included in the tree removal permit does not
remove or shorten any such moratorium. A moratorium may be terminated early only with
approval of the urban forester and may require additional mitigation measures. Mitigation
measures included in the protected tree removal permit and any additional mitigation
measures required to shorten a moratorium For any moratorium less than thirty-six
months, the urban forester shall determine appropriate mitigation measures for the tree
removal, and ensure measures are incorporated into any future development approvals for
the property. Mitigation measures as determined by the urban forester shall be imposed as
a condition of any subsequent permits for development on the subject property.
(b) In the case of any development on a single-family (R-1) or low density (RE, R-2, or
RMD) residential zoned parcel, other than in connection with a subdivision, a protected
tree shall not be removed unless determined by the urban forester, on the basis of a tree
report prepared by a designated arborist and other relevant information, that any of the
following apply:
(1) The tree is so close to the proposed development that construction would result in
the death of the tree, and there is no financially feasible design alternative that would
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permit preservation of the tree, where financially feasible means an alternative that
preserves the tree unless retaining the tree would increase project cost by more than twice
the reproduction cost of the tree or ten percent of the given project valuation, whichever is
greater.
(2) Retention of one or more trees would result in reduction of the otherwise-
permissible buildable area of the lot by more than twenty-five percent, and there is no
financially feasible design alternative that would permit preservation of the tree(s), where
financially feasible means an alternative that preserves the tree(s) unless retaining the
tree(s) would increase project cost by more than twice the reproduction cost of the tree or
ten percent of the given project valuation, whichever is greater. All tree protection zones
impacting buildable area are included in the reduction of buildable area calculation.
(32) The tree could be removed due to the conditions listed in Section 8.10.050(a)(i), (ii)
or (iii) and treatments or corrective practices are not feasible.
(c) In the case of development involving a proposed subdivision of land into two or more
parcels, a protected tree shall not be removed unless determined by the urban forester, on
the basis of a tree report prepared by a designated arborist and other relevant information,
that either of the following apply:
(1) Removal is unavoidable due to restricted access to the property or deemed necessary
to repair a geologic hazard (landslide, repairs, etc.), in which case only the protected tree or
trees necessary to allow access to the property or repair the geologic hazard may be
removed.
(2) The tree could be removed due to the conditions listed in subsection (a)(1)(i), (ii), or
(iii) and treatments or corrective practices are not feasible.
(d) In the case of development requiring planning approval under Title 18, and not
included under subsections (b) or (c), a protected tree shall not be removed unless
determined by the urban forester, on the basis of a tree report prepared by a designated
arborist and other relevant information, that either of the following apply:
(1) Retention of one or morethe trees would result in reduction of the otherwise-
permissible buildable area of the lot by more than twenty-five percent, and there is no
financially feasible design alternative that would permit preservation of the tree(s), where
financially feasible means an alternative that preserves the tree(s) unless retaining the
tree(s) would increase project cost by more than twice the reproduction cost of the tree or
ten percent of the given project valuation, whichever is greater. All tree protection zones
impacting buildable area are included in the reduction of buildable area calculation.
(2) The tree should be removed because it is dead, hazardous, or constitutes a nuisance
under Section 8.04.050. In such cases, the dripline area of the removed tree, or an
equivalent area on the site, shall be preserved for mitigation purposes from development of
any structure.
(3) Discretionary development approval determines that the final project would result in
either net tree canopy increase on the property within fifteen years, or replacement of
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trees, shrubs, and plants consistent with Urban Forest Master Plan Goal 2: "Re-generated
native woodland and riparian landscapes as the key ecological basis of the urban forest
with focus on native species and habitat," and climate adaptive, drought tolerant, non-
native species, and right tree in the right place principles.
(e) In any circumstance other than those described in subsections (a), (b), (c), or (d), a
protected tree shall not be removed unless determined by the urban forester, on the basis
of a tree report prepared by a designated arborist and other relevant information, that the
tree is dead, is hazardous, or constitutes a nuisance under Section 8.04.050.
8.10.055 Tree replacement.
(a) In the event a protected tree is removed pursuant to Section 8.10.050(a)(1)(i),
mitigation for the removed tree, replacement tree ratio, in lieu fees, or a combination
thereof shall be determined by the urban forester, based on factors including but not
limited to the species, size, location, and specific reason for removal of the protected tree,
in accordance with the standards and specifications in the Tree and Landscape Technical
Manual.
(b) In the event a protected tree is removed pursuant to Section 8.10.050(a)(1)(ii), (iii)
or (iv), (b), (c), (d), or (e), the tree removed shall be replaced in accordance with the
standards and specifications in the Tree and Landscape Technical Manual, including but
not limited to prioritization of locally native species, satisfaction of right tree in the right
place principles, and incorporation of a secondary goal of net tree canopy increase on the
property within fifteen years. The urban forester shall approve the number, species, size,
and location of replacement trees.
8.10.060 No limitation of authority under Titles 16 and 18.
Nothing in this chapter limits or modifies the existing authority of the city under Title 18
to require trees, shrubs, hedges, and other plants not covered by this chapter to be
identified, retained, protected, and/or planted as conditions of the approval of
development. In the event of conflict between provisions of this chapter and conditions of
any permit or other approval granted pursuant to Title 16 or Title 18, the more protective
requirements shall prevail.
8.10.070 Care of protected trees.
(a) All owners of property containing protected trees shall follow the maintenance
standards in the Tree and Landscape Technical Manual, including avoiding any action
foreseeably leading to the death of a tree or permanent damage to its health; including but
not limited to excessive pruning, cutting, topping, girdling, poisoning, overwatering,
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underwatering, unauthorized relocation or transportation of a tree, or trenching,
excavating, altering the grade, or paving within the dripline area of a tree.
(b) At least seven days prior to pruning a protected tree, other than that required to
remove a dead, diseased, or broken branch or branches, the property owner or their
designee shall prominently post a notice on the property, in one or more locations readily
visible to the public, that includes standards for pruning and a description of the tree
including tree species, size, location, the date of work, and a contact phone number. The
form for such notice will be available on the city's website as a printable document.
Protected trees less than five years old are exempt from this provision.
(c) Any requests to exceed the limits for pruning set forth in Section 8.10.020(j)(1) or (2)
shall be submitted to the urban forester by the property owner or their designee at least
fourteen days prior to pruning a protected tree. Each request shall be accompanied by a
statement explaining why exceedance of the limits is warranted. No pruning that exceeds
the limits set forth in Section 8.10.020(j)(1) or (2) shall take place without the approval of
the urban forester.
(cd) The standards for protection of trees during construction contained in the Tree and
Landscape Technical Manual shall be followed during any development on property
containing trees.
(de) The urban forester shall add identified protected trees into the city's tree inventory
database and, in coordination with the planning and development services departments,
into city parcel reports.
8.10.080 Development conditions.
(a) Development approvals for property containing protected public trees shall include
appropriate conditions as set forth in the Tree and Landscape Technical Manual, providing
for the protection of such trees during construction and for maintenance of such trees
thereafter. Trees may be designated for protection that are significant visually or
historically, provide screening, or are healthy and important to the nearby ecosystem.
(b) It shall be a violation of this chapter for any property owner or agent of the owner to
fail to comply with any development approval or building permit condition concerning
preservation, protection, and maintenance of any tree, including but not limited to
protected trees.
8.10.090 Designation of heritage trees.
(a) Upon nomination by any person and with the written consent of the property
owner(s), the city council may designate a tree or trees as a heritage tree.
(b) A tree may be designated as a heritage tree upon a finding that it is of importance to
the community due to any of the following factors:
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(1) It is an outstanding specimen of a desirable species.
(2) It is one of the largest or oldest trees in Palo Alto.
(3) It possesses distinctive form, size, age, location, and/or historical significance.
(c) After council approval of a heritage tree designation, the city clerk shall notify the
property owner(s) in writing. A listing of trees so designated, including the specific
locations thereof, shall be kept by the departments of public works.
(d) Once designated, a heritage tree shall be considered protected and subject to the
provisions of this chapter unless removed from the list of heritage trees by action of the
city council. The city council may remove a tree from the list upon its own motion or upon
written request by the property owner. Request for such action must originate in the same
manner as nomination for heritage tree designation.
8.10.092 Tree removal in wildland-urban interface area.
Tree removal and relocation in the wildland-urban interface (WUI) area, as defined in
Section 15.04.190, shall be subject to the provisions in Chapter 15.04. To the extent
Chapter 15.04 is inconsistent with this chapter, Chapter 15.04 shall control.
8.10.095 Tree removal in Hospital District Zone.
Tree removal and relocation in the Hospital District (HD) shall be subject to the
provisions in Section 18.36.070. To the extent Section 18.36.070 is inconsistent with this
chapter, Section 18.36.070 shall control.
8.10.100 Enforcement.
(a) Violation of this chapter is a misdemeanor, punishable as provided in this code. Each
day of violation constitutes a separate offense and may be separately punished.
(b) Persons employed in the following designated employee positions are authorized to
exercise the authority provided in California Penal Code Section 836.5 and are authorized
to issue citations for violations of this chapter, including but not limited to leveling fines
under the city's administrative penalty authority: assistant director of public works public
services division, urban forester, project manager in the urban forestry section, landscape
architect, and code enforcement officer.
8.10.110 Remedies for violation.
In addition to all other remedies set forth in this code or otherwise provided by law, the
following remedies shall be available to the city for violation of this chapter:
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(a) Stop Work - Temporary Moratorium.
(1) If a violation occurs in the absence of proposed development pursuant to Section
8.10.050(a)(1), or while an application for a building permit or discretionary development
approval for the lot upon which the tree is located is pending, the director of planning and
development services in consultation with the urban forester shall issue a temporary
moratorium on development of the subject property, not to exceed five years from the date
the violation occurred. The purpose of the moratorium is to provide the city an opportunity
to study and determine appropriate mitigation measures for the tree removal, and to
ensure measures are incorporated into any future development approvals for the property.
Mitigation measures as determined by the urban forester shall be imposed as a condition of
any subsequent permits for development on the subject property.
(2) If a violation occurs during development pursuant to Section 8.10.050(b), (c), (d), or
(e), the city shall issue a stop work order suspending and prohibiting further activity on the
property pursuant to the grading, demolition, and/or building permit(s) (including
construction, inspection, and issuance of certificates of occupancy) until a mitigation plan
has been filed with and approved by the director of planning and development services in
consultation with the urban forester, agreed to in writing by the property owner(s), and
either implemented or guaranteed by the posting of adequate security. The mitigation plan
shall include measures for protection or repair of any remaining trees on the property, and
shall provide for replacement of each tree removed on the property or at locations
approved by the urban forester. The replacement ratio shall be in accordance with the
standards set forth in the Tree and Landscape Technical Manual, and shall be at least twice
the prescribed ratio required where tree removal is permitted pursuant to the provisions
of this chapter.
(b) Civil penalties.
(1) As part of a civil action brought by the city, a court may assess against any person
who commits, allows, or maintains a violation of any provision of this chapter a civil
penalty in the following amount:
(i) Ten thousand dollars per tree, or twice the reproduction cost of each tree, whichever
amount is higher, for the complete removal of a tree, as defined in Section 8.10.020(n)(1).
(ii) Ten thousand dollars per tree, or the reproduction cost of each tree, whichever
amount is higher, for any of the actions set forth in Section 8.10.020(n)(2).
(iii) Ten thousand dollars per tree, or twice the repair cost of each tree, whichever
amount is higher, for damage to a tree protected or regulated by this chapter which can be
rehabilitated.
(2) Penalties shall be payable to the city.
(3) Reproduction or repair cost for the purposes of this chapter shall be determined
utilizing the most recent edition of the Guide for Plant Appraisal, published by the Council
of Tree and Landscape Appraisers.
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(c) Administrative penalties. Persons listed in Section 8.10.100(b) may issue citations for
violations of this chapter that level fines under the city's administrative penalty authority.
(d) Injunctive relief. A civil action may be commenced to abate, enjoin, or otherwise
compel the cessation of such violation.
(e) Costs. In any civil action brought pursuant to this chapter in which the city prevails,
the court shall award to the city all costs of investigation and preparation for trial, the costs
of trial, reasonable expenses including overhead and administrative costs incurred in
prosecuting the action, and reasonable attorney fees.
(f) The remedies and penalties provided in this section are cumulative and not exclusive.
8.10.120 Fees.
Tree reports required to be submitted to the city for review and evaluation pursuant to
this chapter shall be accompanied by the fee prescribed therefor in the municipal fee
schedule.
8.10.130 Severability.
If any provision of this chapter or the application thereof to any person or circumstance is
held to be invalid by a court of competent jurisdiction, such invalidity shall not affect any
other provision of this chapter which can be given effect without the invalid provision or
application, and to this end the provisions of this chapter are declared to be severable.
8.10.140 Applications, notice, and appeals.
(a) Applications.
(1) All applications for removal of a protected tree pursuant to Section 8.10.050 shall be
filed in accordance with this section and any applicable provisions of Chapter 18.77.
Applications for removal of protected trees on non-residential zoned properties will follow
review guidelines set forth in Section 8.10.050(d) and Section 18.76.020 and will follow the
process set forth in Section 18.77.070.
(2) The application form shall be prescribed by the urban forester and shall contain a list
of information that must be submitted in order for the application to be deemed complete.
(3) Each application must be signed by all owners of the real property containing the
protected tree, or an agent of the owner of record of the real property on which the
protected tree occurs, when duly authorized by the owner in writing.
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(4) No application shall be deemed received until all fees for the application as set forth
in the municipal fees schedule have been paid, and all documents specified as part of the
application in this chapter or on the application form have been filed.
(5) Protected tree removal permits shall automatically expire after twelve months,
unless otherwise provided in the permit, from the date of issuance of the permit if within
such twelve-month period, the proposed tree has not been removed.
(b) Notice.
(1) All applications for removal of a protected tree pursuant to Section 8.10.050 shall
give notice in accordance with this section, the Tree and Landscape Technical Manual, and
any applicable provisions of Chapter 18.77.
(2) After submittal of an application to remove a protected tree, notice shall be given
consistent with subsection (b)(4) and shall include the date of the proposed removal and
the basis for the application.
(3) Upon determination of a protected tree removal application, notice shall be given
consistent with subsection (b)(4) and shall include a description of the decision and how to
appeal it.
(4) Notices required pursuant to this section shall include the address of the property, a
description of the protected tree, including species, size, and location, and urban forestry
contact information, and shall be given as follows:
(i) In writing to all owners and residents of property within 300 feet of the exterior
boundary of the property containing the protected tree, and to all principal urban forestry
partner organizations.
(ii) By posting on the property, in one or more locations visible to the public.
(iii) By posting on the city's website.
(c) Appeals.
(1) Any person applying to remove a protected tree in the absence of proposed
development pursuant to Section 8.10.050(a), and any owner or resident of property
within 600 feet of the exterior boundary of the property containing the protected tree, may
request a public hearing by the director of public works to review the urban forester's
decision, and may appeal the director of public works' determination to the city council.
Any such request or appeal shall be filed with the public works department in a manner
prescribed by the urban forester.
(2) Any person applying to remove a protected tree pursuant to Section 8.10.050(b), (c),
(d), or (e), and any owner or resident of property within 600 feet of the exterior boundary
of the property containing the protected tree may appeal the director of planning and
development service's decision in accordance with the procedures set forth in Chapter
18.78.
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(3) All appeals must be filed within fourteen days of posting of notice on the property
pursuant to subsection (b)(4)(ii).
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Item No. 3. Page 1 of 8
Planning & Transportation Commission
Staff Report
From: Planning and Development Services Director
Lead Department: Planning and Development Services
Meeting Date: November 8, 2023
Report #: 2310-2123
TITLE
Informational Report Regarding 2023 State Legislation
RECOMMENDATION
This is an informational report and there is no action required at this time. Staff intends to
return to the Planning and Transportation Commission in 2024 with any necessary amendments
to the City’s zoning and/or subdivision code needed to implement laws related to Land Use,
Housing, Development Regulations, and Transportation.
EXECUTIVE SUMMARY
Several recent land use, housing and development regulation laws that passed in 2023 will go
into effect January 1, 2024. The City’s legislative consultant (Townsend) shared 35 laws going
into effect in January related to housing, land use, and development standards. Other laws the
Governor signed in October will not go into effect until July 2024 or thereafter.
Several 2023 State laws that became effective January 2023 (Assembly Bill (AB) 2097) and July
2023 (AB 2011 and Senate Bill (SB) 6) have not been implemented via changes to the Palo Alto
Municipal Code (PAMC). Staff is preparing clarifying handouts related to these laws and other
housing laws.
BACKGROUND
January and July 2023 Laws Not Addressed in Palo Alto Municipal Code
AB 2097: The City Council’s June 19, 2023 packet included an informational report about
Assembly Bill (AB) 2097 that went into effect January 1, 2023. This appeared as item 43 on
Council’s consent agenda1. Effectively, for Palo Alto, the requirements of AB 2097 generally
apply to fixed rail station locations, though the map2 of the half-mile radius for the Palo Alto
1 Link to June 19 Council agenda https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=1170
2 Map of AB2097 radii www.paloaltoonline.com/news/reports/1686780169.pdf
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station takes into consideration the slightly offset location of the bus transfer service station
near the University Avenue transit stop. Development projects (any activity that requires a
building permit except transient lodging) on property depicted within the shaded radius circles
on the map are exempt from minimum parking requirements.
Staff created a handout (Attachment A) but did not anticipate creating a standalone ordinance
to address this state law. The bill does not exempt a developer from meeting local
requirements for electric vehicle supply equipment or parking spaces accessible to persons with
disabilities. Palo Alto’s approach is to only require these spaces when a developer voluntarily
provides parking spaces on site. With AB 2097, Transferrable Development Rights (TDRs) may
again become an important transactional consideration for new Downtown development – as it
essentially returns TDRs to a parking-exempt status for those properties included within the
mapped radius.
Planning and Development Services and Office of Transportation staff have discussed potential
changes to PAMC Chapters 18.52 and 18.54 related to AB2097. A key interest is Transportation
Demand Management (TDM) plans; TDMs are typically implemented when parking reductions
are requested. Staff proposes to revise Title 18 to require TDM plans for projects utilizing AB
2097 even though no formal parking reduction is necessary. Staff is reviewing the four 2023
parking-related State bills recently signed into law, to consider revising Title 18.
AB 2011 and SB 6: AB 2011 and SB 6 were signed into law in 2022 but did not go into effect
until July 1, 2023. The two laws together were intended to help with the construction of new
housing for low- and middle-income residents on underused commercial sites that are zoned
for retail, parking, or office space, and for housing near existing transit or where new transit
projects will be built. The two laws also reinforce health benefits and wage laws with
contractors building housing and encourage these contractors to offer apprenticeships. Staff is
considering preparing checklists to help in understanding these two laws, as other cities in
Santa Clara County have done. In addition, to address bills like these that may not warrant code
revisions, staff intends to add a general provision to Title 18 confirming that the code should be
read and implemented in a manner consistent with preemptive state laws.
•AB 2011 (Affordable Housing and Road Jobs Act) establishes housing as an allowable use on
any parcel zoned for office, retail, or parking are principally permitted uses. AB 2011 does
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not apply when the development would require the demolition of a historic structure that
was placed on a national state or local register.
•SB 6 (Middle Class Housing Act) allows residential use on commercially zoned property
without requiring a rezoning with applicants committing to prevailing wages for workers
and to ‘skilled and trained workforce’ requirements. It creates a ministerial, streamlined
approval process for two types of projects: 100% affordable housing projects in commercial
zones and mixed income housing projects along commercial corridors. This law allows
projects to be exempt from CEQA; local government must identify any inconsistencies with
qualifying criteria within 60 or day days, otherwise development is deemed to comply with
standards. Then the City must approve the project within 90 days (less than or equal to 150
homes) or 180 days (for more than 150 homes).
October 2023 Signed State Laws Diagram
Twu Diagram: Prepared and shared by Alfred Twu, this helpful illustration shows housing/land
use bills signed into law at the end of this year’s legislative process. Entitled, ‘California Housing
Legislation Highlights’, Mr. Twu’s diagram (Attachment F) is a helpful overview of the adopted
laws and provides categories. These are transcribed below. An asterisk (*) shows which laws go
into effect January 1, 2024. Staff has highlighted with bold text the laws which may need to be
implemented in Title 18. Below list is derived from Twu’s chart summary of signed bills:
•Upzoning – SB 713, AB 821, AB 835, AB 1287
•Accessory Dwelling Units – AB 671, AB 976, AB 1033, AB 1332
•Affordable Housing Streamlining – SB 4*, SB 406, SB 439, SB 469, AB 1449, AB 1490
•Parking – SB 712*, AB 894*, AB 1308*, AB 1317*
•Student and School employer Housing – AB 358, AB 1307
•Public Land – SB 240, AB 480
•Affordable Housing Property Tax – AB 84
•Enforcement of Housing Laws – AB 1485, AB 1633
•General Plan Housing Elements – AB 529
•Faster Approvals – AB 356, SB 423, SB 684, AB 1114
•Home Ownership – AB 323, AB 572, AB 1508
•Homelessness – SB 91, AB 1285
•Tenant Applications/Fair Housing – AB 12, SB 267, AB 812
•Tenant Protections – AB 548, SB 567, AB 1218, AB 1418, AB 1620
•Mobilehomes/Manufactured Housing – AB 42, AB 318, AB 319
•Preserving Affordable Housing – SB 593
•Social Housing – SB 555
•Senior Housing – AB 839 (financing for elderly residential care)
•Veterans – AB 531, AB 1386
•Farmworking Housing – AB 1439
Funding – SB 20, SB 341, AB 346, SB 482, AB 519, AB 1319
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•Ballot Measures – ACA 1 (lowers voter threshold from 2/3 to 55% to approval local GO
bonds and special taxes for affordable housing and public infrastructure projects)
•Utilities and Emergency Preparedness – AB 201 and SB 410
October 2023 Signed State Laws – Townsend Bill Matrices
The City’s legislative analyst (Townsend) informed staff that out of the 1,046 measures passed
onto his desk for action by the Legislature, Governor Newsom signed 890 and vetoed 156. The
analyst provided staff with multiple matrix attachments. Attachment B is Townsend’s summary
of Housing, Land Use and Development Standards laws to help staff understand bills that
passed and that will go into effect in January 2024. Staff included three other bill matrices on
topics related to Environmental Quality (Attachment C), Energy Utilities and Communications
(Attachment D), and Homelessness (Attachment E).
The following state housing, land use, development standards laws will go into effect in January
2024 (see Attachment B), according to Townsend. Staff have selected a subset of the bills in the
various Townsend attachments to discuss below.
January 2024 Effective Assembly Bills (24)
AB 42, AB 129, AB 281, AB 318, AB 323, AB 356, AB 434, AB 480, AB 821, AB 894, AB 976, AB
1114, AB 1218, AB 1287, AB 1307, AB 1308, AB 1418, AB 1449, AB 1485, AB 1490, AB 1528, AB
1620, AB 1633, AB 1734.
January 2024 Effective Senate Bills (11)
SB 4, SB 69, SB 91, SB 229, SB 240, SB 267, SB 406, SB 423, SB 706, SB 713, SB 747.
January 2024 – Parking/Transportation Laws
•AB 894 requires public agencies to allow proposed and existing developments to count
underutilized and shared parking spaces toward a parking requirement imposed by the
agency. AB 894 (Friedman) requires a public agency to allow entities with underutilized
parking to share parking with the public or other entities. Additionally, the bill requires a
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public agency to allow shared parking space agreements to count toward meeting
automobile parking requirements for a new or existing development.
•AB 1317 adopts a pilot program that requires property owners of new multi-family
residential properties to unbundle the cost of parking from the cost of the housing unit.
•AB 1308 prohibits a public agency from increasing the minimum parking requirement
that applies to a single-family residence as a condition of approval of a project to
remodel, renovate, or add to a single-family residence. This requirement only applies if
the project does not cause the single-family residence to exceed any maximum size limit
imposed by the applicable zoning regulations, though this could override local
requirements that require additional spaces be provided.
•SB712 prevents landlords from prohibiting tenants from owning and charging electronic
bikes and scooters in apartments.
•SB 538 requires the director of the California Department of Transportation to appoint a
Chief Advisor on Cycling and Active Transportation, to advise on all issues related to
bicycle transportation, safety, and infrastructure.
Housing, Land Use and Development Standards Laws Effective January 2024
•SB 4 establishes that affordable housing development projects are a ‘use by right’ on
land owned by religious institutions or independent higher education institutions
•AB 281 addresses post entitlement phase permits
•AB 42 addresses tiny homes/temporary sleeping cabins/fire sprinklers
•AB 318 and AB 319 address mobile home law enforcement complaints and violations
•SB 423 extends and makes minor adjustments to SB 35
•SB 684 requires local governments to ministerially consider certain subdivision maps for
smaller scale residential development.
Density Bonus Laws and Housing Element
•SB 713: Clarifies that voter-approved development standards are subject to
modification under density bonus incentives, concessions, and waivers.
•AB 1287: This bill redefines “maximum allowable residential density” to mean the
greatest number of units allowed under the zoning ordinance, specific plan, or land use
element of the general plan, removing from that definition a provision stating that the
greater density prevails only if the density allowed under the zoning ordinance is
inconsistent with the density allowed under the land use element of the general plan or
specific plan. This bill also increases the benefits (e.g. number of concessions) available
to certain projects under density bonus law.
•AB 821: This bill would authorize any resident or property owner to bring an action or
proceeding in the superior court to enforce compliance with these provisions within 90
days of the failure of a local agency to amend a zoning ordinance within a reasonable
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time of the zoning ordinance becoming inconsistent with the general plan due to
amendment to the plan or to any element of the plan.
CEQA Law
•SB 69: Local agencies: filing of notices of determination or exemption.
Contracts and Design-Build for Public Works Projects
• AB 334 allows cities to accept bids from design professionals for subsequent phases of
public contracts. Previous versions of the law limited the pool of professionals cities
were able to accept bids during various project phases.
• AB 400 and SB 706 reform the state’s existing design-build laws to allow design-build
and progressive design-build delivery methods for local public work projects. This will be
a major time and cost saver should the City look into the development of major public
works projects and opt to use this process.
Housing Accountability
• AB 1633 now makes it a violation of the Housing Accountability Act for a local
government to delay a housing project via the CEQA process by failing to decide of
whether a project is exempt from CEQA or failing to adopt certain environmental
documents under specified circumstances and timeframes.
Surplus Land
•AB 480 and SB 747 both make numerous changes to the Surplus Land Act including the
disposal process, the authority of the Department of Housing and Community
Development (HCD), and penalties for violations. Both measures strike a compromise –
AB 480 represents a desire for more oversight and requirements for the SLA process to
ensure opportunities for affordable housing development are not missed, and SB 747
offers additional clarity to local governments going through the process.
Laws Effective Beginning July 2024 and Later
July 2024:
•SB 684:
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB684;
Land Use – Streamlined Approval Processes: Development projects of 10 or fewer
residential units on urban lots under five acres. The bill streamlines the approval process
for specific types of housing development projects by making it a ministerial task,
thereby bypassing discretionary review or hearings. Such projects must result in 10 or
fewer parcels, contain 10 or fewer residential units, meet specific size and density
criteria, and be located on a lot zoned for multifamily residential development no larger
than 5 acres and substantially surrounded by qualified urban uses. All provisions will be
operative on July 1, 2024, except for the exemption related to horse-keeping zones,
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which becomes operative on January 1, 2024. Staff will follow up with more on this
legislation in 2024, but there is further summary of this and other laws in the
attachments to this report, including Attachment G prepared and shared with Palo Alto
by one of the cities in Santa Clara County.
•AB 12: Tiny homes tenancy/security deposits
January 2025:
•AB 1332 Requires local governments to create a program for the pre-approval of
Accessory Dwelling Units (ADUs) by 2025. While this will impose additional duties on the
City’s planning department, part of the measure requires cities to post pre-approved
ADU unit floor plans on their websites. We anticipate this will work to alleviate issues
with project delays associated with plans that exceed allowable heights and sizes.
Ultimately, this will result in more control over ADU permitting.
•AB 413 Prohibits a person from parking a vehicle within 20 feet of either side of any
marked or unmarked crosswalk, or within 15 feet of any crosswalk where a curb
extension is present but permits a local government to allow parking for bicycles or
motorized scooters within 20 feet of a crosswalk. The purpose of this bill is to
implement a public safety protocol typically referred to as “daylighting.” Daylighting
seeks to increase pedestrian visibility by prohibiting parking within ~20 feet of
intersections and crosswalks.
FISCAL/RESOURCE IMPACT
This informational report has no fiscal impact.
ATTACHMENTS
Attachment A: AB2097 Parking Exemptions Handout
Attachment B: Housing, Land Use and Development Standards Matrix (Townsend)
Attachment C: Environmental Quality Bill Matrix (Townsend)
Attachment D: Energy Utilities and Communications Legislative Matrix (Townsend)
Attachment E: Homelessness Legislative Bill Matrix (Townsend)
Attachment F: Alfred Twu’s California Housing Legislation Highlights
Attachment G: Further Summaries of Several Chaptered Laws
AUTHOR/TITLE:
Amy French, Chief Planning Official
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3/21/2023
Assembly Bill 2097 Parking Exemptions
Assembly Bill (AB) 2097 removes minimum parking requirements for
residential, commercial, or other development projects located within
1/2-mile of major public transit (i.e., Caltrain stations).
The California Legislature determined that parking minimums can
increase the cost of housing, limit the number of available units, lead
to an oversupply of parking spaces, and increase greenhouse gas
emissions. Therefore, these changes are intended to reduce the cost
of housing and increase unit yields.
FURTHER READING:
•AB 2097 Bill Text
•Government Code Section 65863.2
•Palo Alto Radius Map With Addresses
Process
Conversions of existing parking and intensification of uses require a
Planning entitlement. As part of the Planning entitlement, proposed
projects will need to demonstrate conformance with the statute.
Projects seeking a reduction in parking may be required to submit
and secure approval of a Transportation Demand Management
(TDM) program.
AB 2097 does not stipulate changes to the City’s review timelines.
The City is not required to modify the Zoning Ordinance to
conform with this law.
Exceptions
There are several exceptions to this law:
•Certain commercial uses–namely
event centers, hotels, and motels—
would still need to provide parking
consistent with local standards.
•If parking is provided voluntarily, the
City may still enforce requirements
for ADA parking requirements
and electric vehicle (EV) supply
equipment.
•If parking is provided voluntarily, the
City may impose requirements to
require spaces for carshare vehicles
or to charge fees for parking (i.e.,
require unbundled parking).
Applicability
Within Palo Alto, this law applies to residential, commercial, and other
development projects within ½-mile of:*
•Downtown Caltrain Station
•California Avenue Caltrain Station
•San Antonio Caltrain Station
These standards would also apply within ½ mile of intersections of
two or more bus routes that have service frequencies of 15 minutes
or less during peak commute periods. As of January 2023, no
intersections in Palo Alto meet this definition.
•The City may enforce minimum parking requirements
on a “housing development project” with less than 20%
below market rate units, if it makes written findings,
within 30 days of the receipt of a completed application,
that not enforcing minimum parking requirements on
the development would have a substantially negative
impact on the public agency’s ability to meet its share of
specified housing needs or on existing parking within 1/2
mile of the housing development. This is generally a high
threshold to achieve.
Within these areas,
no vehicle parking is
required for residential
or commercial projects
*Applicants should check with City staff to confirm
that their property qualifies for AB 2097 exemptions.
Item 3
Attachment A 2023 Palo Alto - AB
2097 Parking Exemption Handout -
11-01-23 Edits
Packet Pg. 37
Housing and Land Use Legislative Matrix - Measures Effective January 1, 2024
10/26/2023
AB 42 (Ramos D) Tiny homes: temporary sleeping cabins: fire sprinkler requirements.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The Planning and Zoning Law, among other things, provides for the creation of accessory
dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial
approval, in accordance with specified standards and conditions. Existing law prohibits a local agency
from requiring an accessory dwelling unit to provide fire sprinklers, if they are not required for the
primary residence.This bill, until January 1, 2027, would prohibit a local agency from imposing or
enforcing any requirement to provide fire sprinklers for a temporary sleeping cabin that is on a site
with 50 or fewer temporary sleeping cabins. The bill would define “temporary sleeping cabin” to mean
a nonpermanent structure that is intended to provide temporary housing to people experiencing
homelessness or at risk of homelessness, has a total floor area of less than 250 feet, and does not
include plumbing. The bill would require a temporary sleeping cabin that does not include fire sprinklers
to comply with alternative fire life and safety standards that include providing, among other things, a
smoke alarm and carbon monoxide alarm in the unit, a fire extinguisher in the unit, and ingress and
egress that facilitates rapid exit of the temporary sleeping cabin. By requiring local agencies to impose
alternative fire life and safety standards for these units, the bill would impose a state-mandated local
program. This bill contains other related provisions and other existing laws.
AB 129 (Committee on Budget) Housing.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: (1)Existing law establishes the Department of Housing and Community Development (HCD)
in the Business, Consumer Services, and Housing Agency for purposes of carrying out state housing
policies and programs, and creates in HCD the California Housing Finance Agency.This bill would
remove the California Housing Finance Agency from within HCD. This bill would continue the existence
of the California Housing Finance Agency in the Business, Consumer Services, and Housing Agency.
This bill contains other related provisions and other existing laws.
AB 281 (Grayson D) Planning and zoning: housing: postentitlement phase permits.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Existing law, which is part of the Planning and Zoning Law, requires a local agency to
compile a list of information needed to approve or deny a postentitlement phase permit, to post an
example of a complete, approved application and an example of a complete set of postentitlement
phase permits for at least 5 types of housing development projects in the jurisdiction, as specified, and
to make those items available to all applicants for these permits no later than January 1, 2024.
Existing law establishes time limits for completing reviews regarding whether an application for a
postentitlement phase permit is complete and compliant and whether to approve or deny an
application, as specified, and makes any failure to meet these time limits a violation of specified law.
Existing law defines various terms for these purposes, including “local agency” to mean a city, county,
or city and county, and “postentitlement phase permit,” among other things, to exclude a permit
required and issued by a special district.This bill would require a special district that receives an
application from a housing development project for service from a special district or an application from
a housing development project for a postentitlement phase permit, as specified, to provide written
notice to the applicant of next steps in the review process, including, but not limited to, any additional
information that may be required to begin to review the application for service or approval. The bill
would require the special district to provide this notice within 30 business days of receipt of the
application for a housing development with 25 units or fewer, and within 60 business days for a
housing development with 26 units or more. The bill would define various terms for these purposes. By
imposing additional duties on special districts, the bill would impose a state-mandated local program.
This bill contains other related provisions and other existing laws.
AB 318 (Addis D) Mobilehome Residency Law Protection Act.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Existing law, the Mobilehome Residency Law Protection Act, establishes the Mobilehome
Residency Law Protection Program within the Department of Housing and Community Development to
assist in taking and resolving complaints from homeowners relating to the Mobilehome Residency Law.
Existing law requires the department to refer any alleged violations of law or regulations within the
department’s jurisdiction to the Division of Codes and Standards. Existing law requires the department
to use good faith efforts to select the most severe, deleterious, and materially and economically
impactful alleged violations, as specified.This bill would delete the requirement that the department
select the most severe, deleterious, and materially and economically impactful alleged violations. This
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Land Use and
Development Standards
Legislative Matrix
10.16.23
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bill contains other related provisions and other existing laws.
AB 323 (Holden D) Density Bonus Law: purchase of density bonus units by nonprofit housing
organizations: civil actions.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Existing law, commonly referred to as the Density Bonus Law, requires a city or county to
provide a developer that proposes a housing development within the city or county with a density
bonus and other incentives or concessions, as specified, if the developer agrees to construct, among
other options, specified percentages of units for moderate, lower, or very low income households and
meets other requirements.This bill would instead require the developer and the city or county to
ensure that the for-sale unit that qualified the developer for the award of the density bonus is (1)
initially sold to and occupied by a person or family of the required income, or (2) if the unit is not
purchased by an income-qualified person or family within 180 days after the issuance of the certificate
of occupancy, the qualified nonprofit housing organization that is receiving the above-described
welfare exemption meets specified requirements, including having a determination letter from the
Internal Revenue Service affirming its tax-exempt status, as specified, being based in California, and
the primary activity of the nonprofit corporation being the development and preservation of affordable
home ownership housing in California that incorporates within their contracts for initial purchase a
repurchase option that requires a subsequent purchaser that desires to sell or convey the property to
first offer the nonprofit corporation the opportunity to repurchase the property pursuant to an equity
sharing agreement or a specified recorded contract that includes an affordability restriction. By
imposing these requirements on local agencies with respect to density bonuses, this bill would impose
a state-mandated local program. This bill contains other related provisions and other existing laws.
AB 356 (Mathis R) California Environmental Quality Act: aesthetic impacts.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: 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 extend the operation of the above provision to January 1, 2029. The bill
would require the lead agency to file a notice with the Office of Planning and Research and the county
clerk of the county in which the project is located if the lead agency determines that it is not required
to evaluate the aesthetic effects of a project and determines to approve or carry out that project. By
imposing additional duties on lead agencies, the bill would impose a state-mandated local program.
This bill contains other related provisions and other existing laws.
AB 434 (Grayson D) Housing element: notice of violation.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: (1)Existing law requires each county and city to adopt a comprehensive, long-term general
plan for the physical development of the county or city, and specified land outside its boundaries, that
includes, among other mandatory elements, a housing element. Upon adoption of a housing element
or amendment to an adopted housing element, existing law requires the planning agency to submit a
copy to the Department of Housing and Community Development, as provided, and requires the
department to evaluate the adopted housing element or amendment and report its findings to the
planning agency within 90 days.This bill would additionally authorize the department to notify a city,
county, city and county, or the Attorney General when the planning agency of a city, county, or city and
county fails to comply with the above-described provisions relating to hearings for specified variances,
ministerial approval of applications for accessory dwelling units or junior accessory dwelling units,
permitting for unpermitted accessory dwelling units constructed prior to January 1, 2018, sale or
conveyance of accessory dwelling units, ministerial approval of proposed housing developments,
ministerial approval of parcel maps for urban lot splits, or housing development projects being deemed
an allowable use of parcels within a zone where office, retail, or parking are a principally permitted
use, as provided. This bill would also authorize the department to make the above-referenced
notifications if a city, county, or city and county fails to comply with the above-described provisions
relating to a housing development project being a use by right on land owned by an independent
institution of higher education or religious institution, as proposed by SB 4; approval of housing
development projects that require the demolition of residential dwelling units, as proposed by AB
1218; or the prohibition against imposition of specified objective zoning, subdivision, or design
standards, required issuance of a building permit for housing development projects on proposed sites
to be subdivided, or required ministerial approval of a parcel map or a tentative and final map for a
housing development project that meets specified requirements, as proposed by AB 684. This bill
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Land Use and
Development Standards
Legislative Matrix
10.16.23
Packet Pg. 39
contains other existing laws.
AB 480 (Ting D) Surplus land.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Existing law prescribes requirements for the disposal of surplus land by a local agency, as
defined, and requires, except as provided, a local agency disposing of surplus land to comply with
certain notice requirements before disposing of the land or participating in negotiations to dispose of
the land with a prospective transferee, particularly that the local agency send a notice of availability to
specified entities that have notified the Department of Housing and Community Development of their
interest in surplus land, as specified. Under existing law, if the local agency receives a notice of
interest, the local agency is required to engage in good faith negotiations with the entity desiring to
purchase or lease the surplus land.This bill would define the term “dispose” to mean the sale of the
surplus property or a lease of any surplus property entered into on or after January 1, 2024, for a term
longer than 15 years, including renewal options, as specified. The bill would provide that “dispose”
does not include entering a lease for surplus land on which no development or demolition will occur,
regardless of the term of the lease. This bill contains other related provisions and other existing laws.
AB 821 (Grayson D) Planning and zoning: general plan: zoning ordinance: conflicts.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: (1)Existing law, the Planning and Zoning Law, requires each county and city to adopt a
comprehensive, long-term general plan for the physical development of the county or city, and of
certain land outside its boundaries. Existing law requires that county or city zoning ordinances be
consistent with the general plan of the county or city by January 1, 1974. Existing law authorizes any
resident or property owner to bring an action or proceeding in the superior court to enforce compliance
with these provisions within 90 days of the enactment of any new zoning ordinance or the amendment
of any existing zoning ordinance. Existing law requires a zoning ordinance to be amended within a
reasonable time so that it is consistent with the general plan in the event that the ordinance becomes
inconsistent with the plan by reason of amendment to the plan.This bill, in the event that a zoning
ordinance becomes inconsistent with a general plan due to an amendment to the general plan and a
local agency receives a development application for a project that is not subject to specified provisions
of law relating to housing development projects and that is consistent with the general plan but
inconsistent with a zoning ordinance, would require the local agency to either amend the zoning
ordinance within 180 days from the receipt of the development application to be consistent with the
general plan, or to process the development application, as specified. If a local agency does not
amend the zoning ordinance within 180 days from the receipt of the development application, the bill
would require the local agency to process the development application. The bill would also provide that
a proposed development is not deemed inconsistent with any zoning ordinance or related zoning
standard or criteria, and is not required to be rezoned to accommodate the proposed development, if
there is substantial evidence that would allow a reasonable person to conclude that the proposed
development is consistent with objective general plan standards and criteria but the zoning for the
project site is inconsistent with the general plan. The bill would authorize any resident or property
owner to bring an action or proceeding in the superior court to enforce compliance with these
provisions within 90 days of a local agency’s failure to comply. By imposing new duties on local
agencies with regard to local planning and zoning, the bill would impose a state-mandated local
program. This bill contains other related provisions and other existing laws.
AB 894 (Friedman D) Parking requirements: shared parking.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The Planning and Zoning Law requires each county and city to adopt a comprehensive,
long-term general plan for its physical development, and the development of certain lands outside its
boundaries, that includes, among other mandatory elements, a housing element. Existing law also
authorizes the legislative body of a city or a county to adopt ordinances establishing requirements for
parking.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. This bill contains other related provisions and other existing laws.
AB 976 (Ting D) Accessory dwelling units: owner-occupancy requirements.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The Planning and Zoning Law, among other things, provides for the creation of accessory
dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial
approval, in accordance with specified standards and conditions. Existing law requires a local
ordinance to require an accessory dwelling unit to be either attached to, or located within, the
proposed or existing primary dwelling, as specified, or detached from the proposed or existing primary
dwelling and located on the same lot as the proposed or existing primary dwelling.This bill, instead,
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Land Use and
Development Standards
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10.16.23
Packet Pg. 40
would authorize a local agency to require terms that are 30 days or longer. This bill contains other
related provisions and other existing laws.
AB 1114 (Haney D) Planning and zoning: housing development projects: postentitlement phase permits.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Existing law relating to housing development approval requires a local agency to compile a
list of information needed to approve or deny a postentitlement phase permit, to post an example of a
complete, approved application and an example of a complete set of postentitlement phase permits for
at least 5 types of housing development projects in the jurisdiction, as specified, and to make those
items available to all applicants for these permits no later than January 1, 2024. Existing law defines
“postentitlement phase permit” to include all nondiscretionary permits and reviews filed after the
entitlement process has been completed that are required or issued by the local agency to begin
construction of a development that is intended to be at least 2/3 residential, excluding discretionary
and ministerial planning permits, entitlements, and certain other permits and reviews. These permits
include, but are not limited to, building permits and all interdepartmental review required for the
issuance of a building permit, permits for minor or standard off-site improvements, permits for
demolition, and permits for minor or standard excavation and grading. Existing law defines other terms
for its purposes.This bill would modify the definition of “postentitlement phase permit” to also include
all building permits and other permits issued under the California Building Standards Code or any
applicable local building code for the construction, demolition, or alteration of buildings, whether
discretionary or nondiscretionary. This bill contains other related provisions and other existing laws.
AB 1218 (Lowenthal D) Development projects: demolition of residential dwelling units.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Existing law, the Housing Crisis Act of 2019, among other things, prohibits an affected city
or an affected county, as defined, from approving a housing development project that will require the
demolition of one or more residential dwelling units, unless the project creates at least as many
residential dwelling units as will be demolished.This bill would expand the demolition of residential
dwelling units prohibitions to prohibit an affected city or affected county from approving any
development project that will require the demolition of occupied or vacant protected units, or that is
located on a site where protected units were demolished in the previous 5 years, unless the
conditions described above are met, except as provided. In this regard, the bill would revise the
above-described requirement that protected units be replaced and instead require the replacement of
all existing protected units and protected units demolished on or after January 1, 2020, and would
additionally require a proponent to ensure that the required replacement housing is developed prior to
or concurrently with the development project, if the project is not a housing development project. This
bill contains other related provisions and other existing laws.
AB 1287 (Alvarez D) Density Bonus Law: maximum allowable residential density: additional density
bonus and incentives or concessions.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Existing law, referred to as the Density Bonus Law, requires a city or county to provide a
developer that proposes a housing development within the city or county with a density bonus and
other concessions or incentives or concessions, as specified, if the developer agrees to construct
specified percentages of units for lower income households or very low income households, and meets
other requirements. Existing law defines the term “density bonus” for these purposes to mean a
density increase over the otherwise maximum allowable gross residential density as of the date of the
application, as described. Existing law defines the term “maximum allowable residential density” for
these purposes to mean the maximum number of units allowed under the zoning ordinance, specific
plan, or land use element of the general plan, or, if a range of density is permitted, the maximum
number of units allowed by the specific zoning range, specific plan, or land use element of the general
plan applicable to the project. Existing law provides under that definition that if the density allowed
under the zoning ordinance is inconsistent with the density allowed under the land use element of the
general plan or specific plan, the greater density prevails.This bill would instead define “maximum
allowable residential density” to mean the greatest number of units allowed under the zoning
ordinance, specific plan, or land use element of the general plan, or, if a range of density is permitted,
the greatest number of units allowed by the specific zoning range, specific plan, or land use element of
the general plan applicable to the project. The bill would also remove from that definition the provision
stating that the greater density prevails if the density allowed under the zoning ordinance is
inconsistent with the density allowed under the land use element of the general plan or specific plan.
This bill contains other related provisions and other existing laws.
AB 1307 (Wicks D) California Environmental Quality Act: noise impact: residential projects.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
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Land Use and
Development Standards
Legislative Matrix
10.16.23
Packet Pg. 41
Summary: 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 (EIR)
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 specify that the effects of noise generated by project occupants
and their guests on human beings is not a significant effect on the environment for residential projects
for purposes of CEQA. This bill contains other related provisions.
AB 1308 (Quirk-Silva D) Planning and Zoning Law: single-family residences: parking requirements.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The Planning and Zoning Law authorizes the legislative body of any county or city to adopt
ordinances that regulate the use of buildings, structures, and land as between industry, business,
residences, open space, and other purposes.This bill would prohibit a public agency, as defined, from
increasing the minimum parking requirement that applies to a single-family residence as a condition of
approval of a project to remodel, renovate, or add to a single-family residence, except as specified. By
imposing additional duties on local officials, the bill would impose a state-mandated local program. This
bill contains other related provisions and other existing laws.
AB 1418 (McKinnor D) Tenancy: local regulations: contact with law enforcement or criminal convictions.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Existing law prohibits a local agency from authorizing or requiring the imposition of a
penalty against a resident, owner, tenant, landlord, or other person as a consequence of law
enforcement or emergency assistance being summoned by certain individuals, including a victim of
abuse or crime, as specified.This bill would prohibit a local government from, among other things,
imposing a penalty against a resident, owner, tenant, landlord, or other person as a consequence of
contact with a law enforcement agency, as specified. The bill similarly would prohibit a local
government from requiring or encouraging a landlord to evict or penalize a tenant because of the
tenant’s association with another tenant or household member who has had contact with a law
enforcement agency or has a criminal conviction or to perform a criminal background check of a tenant
or a prospective tenant. The bill would preempt inconsistent local ordinances, rules, policies, programs,
or regulations and prescribe remedies for violations. This bill contains other related provisions.
AB 1449 (Alvarez D) Affordable housing: California Environmental Quality Act: exemption.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: 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 authorizes the lead agency, if the lead agency determines that a project is exempt
from CEQA, to file a notice of exemption with the Office of Planning and Research or the county clerk of
each county in which the project is located.This bill would, until January 1, 2033, exempt from CEQA
certain actions taken by a public agency related to affordable housing projects, as defined, if certain
requirements are met. The bill would require the lead agency, if the lead agency determines an action
related to an affordable housing project is exempt from CEQA under this provision and approves or
carries out the project, to file a notice of exemption with the Office of Planning and Research and the
county clerk of each county in which the project is located. By increasing the duties of a lead agency,
this bill would impose a state-mandated local program. This bill contains other related provisions and
other existing laws.
AB 1485 (Haney D) Housing element: enforcement: Attorney General.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The Planning and Zoning Law requires each county and city to adopt a comprehensive,
long-term general plan for the physical development of the county or city and requires that general
plan to include, among other mandatory elements, a housing element. Existing law authorizes the
Department of Housing and Community Development to notify the office of the Attorney General, that a
city, county, or city and county is in violation of state law if the department finds that the housing
element or an amendment to the housing element does not substantially comply with specified
provisions of the Planning and Zoning Law, or that the local government has taken action or failed to
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Land Use and
Development Standards
Legislative Matrix
10.16.23
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act in violation of specified provisions of law relating to housing, including, among others, the Housing
Accountability Act, the Density Bonus Law, and the Housing Crisis Act of 2019.This bill would permit
both the department and the office of the Attorney General to intervene as a matter of unconditional
right in any legal action addressing a violation of the specified housing laws described above,
including, among others, the Housing Accountability Act, the Density Bonus Law, and the Housing Crisis
Act of 2019. This bill contains other existing laws.
AB 1490 (Lee D) Affordable housing development projects: adaptive reuse.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Existing law requires the Department of Housing and Community Development to give
priority with respect to funding under the Multifamily Housing Program to projects that prioritize
adaptive reuse in existing developed areas served with public infrastructure, as specified. Existing law,
the Housing Accountability Act, which is part of the Planning and Zoning Law, prohibits a local agency
from disapproving, or conditioning approval in a manner that renders infeasible, a housing
development project, as defined for purposes of the act, for very low, low-, or moderate-income
households or an emergency shelter unless the local agency makes specified written findings based on
a preponderance of the evidence in the record. That act states that it shall not be construed to
prohibit a local agency from requiring a housing development project to comply with objective,
quantifiable, written development standards, conditions, and policies appropriate to, and consistent
with, meeting the jurisdiction’s share of the regional housing need, except as provided. That act
further provides that a housing development project or emergency shelter shall be deemed consistent,
compliant, and in conformity with an applicable plan, program, policy, ordinance, standard,
requirement, or other similar provision if there is substantial evidence that would allow a reasonable
person to conclude that the housing development project or emergency shelter is consistent,
compliant, or in conformity.Under this bill, a housing development that is, among other requirements,
an extremely affordable adaptive reuse project on an infill parcel that is not located on or adjoined to a
site where more than 1/3 of the square footage on the site is dedicated to industrial use, as specified,
would be an allowable use. The bill would authorize a local agency to impose objective design review
standards, except as specified. The bill would authorize a local agency to deny the project if it is
proposed to be located on a site or adjoined to any site where any of the square footage on the site
is dedicated to industrial use and the local agency makes written findings that approving the
development would have an adverse effect on public health and safety. The bill would provide that for
purposes of the Housing Accountability Act, a proposed housing development project is consistent,
compliant, and in conformity with an applicable plan, program, policy, ordinance, standard,
requirement, or other similar provision if the housing development project is consistent with the
standards specified in these provisions. The bill would require a local agency to determine whether the
proposed development meets those standards within specified timeframes. The bill would define an
“extremely affordable adaptive reuse project” for these purposes to mean a multifamily housing
development project that involves retrofitting and repurposing of a residential or commercial building
that currently allows temporary dwelling or occupancy, and that meets specified affordability
requirements, including that 100% of the units be dedicated to lower income households, 50% of
which shall be dedicated to very low income households, as specified. Because the bill would require
local officials to provide a higher level of service, the bill would impose a state-mandated local program.
This bill contains other related provisions and other existing laws.
AB 1528 (Gipson D) Housing authorities: property taxation.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The California Constitution provides that all property is taxable and requires property to be
taxed in proportion to its full value. The California Constitution exempts certain property from property
taxation, including property owned by a local government, as specified. The California Constitution
authorizes the Legislature to exempt from taxation, in whole or in part, property that is used
exclusively for religious, hospital, or charitable purposes, and is owned or held in trust by a nonprofit
entity.This bill would specify that property held by a nonprofit public benefit corporation that is
controlled by a housing authority, as described, is exempt from taxation. The bill would require any
outstanding ad valorem tax, interest, or penalty that was levied on the property of a housing authority
to be canceled, and any tax, interest, or penalty levied that was paid prior to January 1, 2024, to be
refunded. This bill contains other related provisions and other existing laws.
AB 1620 (Zbur D) Costa-Hawkins Rental Housing Act: permanent disabilities: comparable or smaller units.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The Costa-Hawkins Rental Housing Act authorizes an owner of residential real property to
establish the initial and subsequent rental rates for a dwelling or unit with respect to which certain
criteria are met, including that the dwelling or unit is alienable separate from the title to any other
dwelling unit or is a subdivided interest in a subdivision, as specified. The act exempts certain
tenancies and dwelling units from these provisions, including a unit where the previous tenancy been
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terminated by the owner pursuant to specified law.This bill would authorize a jurisdiction to require the
owner of a residential real property that is subject to an ordinance or charter provision that controls
the rental rate to permit a tenant who is not subject to eviction for nonpayment and who has a
permanent physical disability related to mobility to move to an available comparable or smaller unit, as
defined, located on an accessible floor of the property if certain conditions are met. The bill would
require an owner who grants a request pursuant to these provisions to allow the tenant to retain
their lease at the same rental rate and terms of the existing lease if certain conditions are met,
including, among others, the move is determined to be necessary to accommodate the tenant’s
disability related to mobility and the new dwelling or unit is in the same building or on the same parcel
with at least 4 other units.
AB 1633 (Ting D) Housing Accountability Act: disapprovals: California Environmental Quality Act.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Existing law, the Housing Accountability Act, prohibits a local agency from disapproving a
housing development project, as described, unless it makes certain written findings based on a
preponderance of the evidence in the record. The act defines “disapprove the housing development
project” as including any instance in which a local agency either votes and disapproves a proposed
housing development project application, including any required land use approvals or entitlements
necessary for the issuance of a building permit, or fails to comply with specified time periods. Existing
law, the California Environmental Quality Act (CEQA), requires a lead agency, as defined, to prepare, or
cause to be prepared, and certify the completion of, an environmental impact report on a project that
the lead agency proposes to carry out or approve that may have a significant effect on the
environment or to adopt a negative declaration if the lead agency finds that the project will not have
that effect.This bill, until January 1, 2031, would define “disapprove the housing development project”
as also including any instance in which a local agency fails to make a determination of whether the
project is exempt from CEQA or commits an abuse of discretion, as specified, or fails to adopt a
negative declaration or addendum for the project, to certify an environmental impact report for the
project, or to approve another comparable environmental document, if certain conditions are satisfied.
Among other conditions, the bill would require a housing development project subject to these
provisions to be located on a legal parcel or parcels within an urbanized area and to meet one or more
of specified criteria, and to meet or exceed 15 dwelling units per acre. By imposing additional duties on
local officials, the bill would create a state-mandated local program. This bill contains other related
provisions and other existing laws.
AB 1734 (Jones-Sawyer D) Local Government: Surplus Land Act: exemptions.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Existing law requires land to be declared surplus land or exempt surplus land, as supported
by written findings, before a local agency takes any action to dispose of it consistent with the agency’s
policies or procedures. Existing law sets forth procedures for the disposal of surplus land, including,
but not limited to, specified notice requirements, and provides that these procedures do not apply to
exempt surplus land.This bill, until January 1, 2034, would specify that land disposed of by a city with a
population exceeding 2,500,000 for certain purposes, including low barrier navigation centers,
supportive housing, transitional housing for youth and young adults, or affordable housing, as
described, is not subject to the above-described requirements, if the city meets certain prescribed
requirements and specified construction or development work meets prescribed requirements. The bill
would require a city that disposes of land pursuant to these provisions to include prescribed
information in a specified annual report. The bill would make a local agency that disposes of land in
violation of these provisions liable for a civil penalty, as specified.
SB 4 (Wiener D) Planning and zoning: housing development: higher education institutions and
religious institutions.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The Planning and Zoning Law requires each county and city to adopt a comprehensive,
long-term general plan for its physical development, and the development of certain lands outside its
boundaries, that includes, among other mandatory elements, a housing element. That law allows a
development proponent to submit an application for a development that is subject to a specified
streamlined, ministerial approval process not subject to a conditional use permit, if the development
satisfies certain objective planning standards. This bill would require that a housing development
project be a use by right upon the request of an applicant who submits an application for streamlined
approval, on any land owned by an independent institution of higher education or religious institution
on or before January 1, 2024, if the development satisfies specified criteria, including that the
development is not adjoined to any site where more than one-third of the square footage on the site
is dedicated to industrial use. The bill would define various terms for these purposes. Among other
things, the bill would require that 100% of the units, exclusive of manager units, in a housing
development project eligible for approval as a use by right under these provisions be affordable to
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lower income households, except that 20% of the units may be for moderate-income households, and
5% of the units may be for staff of the independent institution of higher education or the religious
institution that owns the land, provided that the units affordable to lower income households are
offered at affordable rent, as set in an amount consistent with the rent limits established by the
California Tax Credit Allocation Committee, or affordable housing cost, as specified. The bill would
authorize the development to include ancillary uses on the ground floor of the development, as
specified. This bill contains other related provisions and other existing laws.
SB 69 (Cortese D) California Environmental Quality Act: local agencies: filing of notices of
determination or exemption.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The California Environmental Quality Act (CEQA) requires, among other things, 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. This bill would require a local agency to file a notice of determination with the
State Clearinghouse in the Office of Planning and Research in addition to the county clerk of each
county in which the project will be located. The bill would authorize a local agency to file a notice of
exemption with the State Clearinghouse in the Office of Planning and Research in addition to the
county clerk of each county in which the project will be located. The bill would require the notice,
including any subsequent or amended notice, to be posted both in the office and on the internet
website of the county clerk and by the Office of Planning and Research on the State Clearinghouse
internet website within 24 hours of receipt. The bill would specify that the posting of the notice by the
Office of Planning and Research would not affect the applicable time periods to challenge an act or
decision of a local agency, as described above. By imposing duties on local agencies, the bill would
create a state-mandated local program. This bill contains other related provisions and other existing
laws.
SB 91 (Umberg D) California Environmental Quality Act: supportive and transitional housing: motel
conversion: environmental leadership transit projects.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: 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 (EIR)
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 extend indefinitely the above exemption. This bill contains other
related provisions and other existing laws.
SB 229 (Umberg D) Surplus land: disposal of property: violations: public meeting.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Existing law prescribes requirements for the disposal of land determined to be surplus land
by a local agency. Those requirements include a requirement that a local agency, before disposing of a
property or participating in negotiations to dispose of that property with a prospective transferee,
send a written notice of availability of the property to specified entities, depending on the property’s
intended use, and send specified information in regard to the disposal of the parcel of surplus land to
the Department of Housing and Community Development. Existing law, among other enforcement
provisions, makes a local agency that disposes of land in violation of these disposal provisions, after
receiving notification of violation from the department, liable for a penalty of 30% of the final sale price
of the land sold in violation for a first violation and 50% for any subsequent violation. Under existing
law, except as specified, a local agency has 60 days to cure or correct an alleged violation before an
enforcement action may be brought. This bill would require a local agency that is disposing of surplus
land and has received a notification of violation from the department to hold an open and public
meeting to review and consider the substance of the notice of violation. The bill would require the local
agency’s governing body to provide prescribed notice no later than the time required by specified
provisions. The bill would prohibit the local agency’s governing body from taking final action to ratify or
approve the proposed disposal of surplus land until a public meeting is held as required. The bill would
exempt from its provisions a local agency that ceases to dispose of surplus land after receiving the
notice of violation. By imposing new duties on local agencies, the bill would impose a state-mandated
local program. This bill contains other related provisions and other existing laws.
SB 240 (Ochoa Bogh R) Surplus state real property: affordable housing and housing for formerly
incarcerated individuals.
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Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Existing law authorizes the Department of General Services to dispose of surplus state real
property, as defined, as authorized by the Legislature, upon any terms and conditions and subject to
any reservations and exceptions the department deems to be in the best interests of the state.
Existing law requires the department to first offer surplus state real property to a local agency, as
defined, and then to nonprofit affordable housing sponsors, as defined, prior to being offered for sale
to private entities or individuals. Existing law requires a local agency or nonprofit affordable housing
sponsor to satisfy certain requirements to be considered as a potential priority buyer of the surplus
state real property, including that the local agency or nonprofit affordable housing sponsor
demonstrate, to the satisfaction of the department, that the surplus state real property, or portion of
that surplus state real property, is to be used by the local agency or nonprofit affordable housing
sponsor for open space, public parks, affordable housing projects, or development of local
government-owned facilities. Existing law authorizes the department to sell surplus state real
property, or a portion of surplus state real property, to a local agency, or to a nonprofit affordable
housing sponsor if no local agency is interested in the surplus state real property, for affordable
housing projects at a sales price less than fair market value if the department determines that such a
discount will enable the provision of housing for persons and families of low or moderate income.This
bill would additionally authorize a local agency or nonprofit affordable housing sponsor to be
considered as a potential priority buyer of surplus state real property upon demonstration that the
property is to be used by the agency or sponsor for housing for formerly incarcerated individuals,
subject to the same provisions described above, as specified. This bill contains other related provisions
and other existing laws.
SB 267 (Eggman D) Credit history of persons receiving government rent subsidies.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Existing law, the California Fair Employment and Housing Act (FEHA), prohibits, in instances
in which there is a government rent subsidy, the use of a financial or income standard in assessing
eligibility for the rental of housing that is not based on the portion of the rent to be paid by the tenant.
FEHA requires the Civil Rights Department to enforce specific provisions of the act, including the
provision described above.This bill would additionally prohibit the use of a person’s credit history as
part of the application process for a rental housing accommodation without offering the applicant the
option of providing lawful, verifiable alternative evidence of the applicant’s reasonable ability to pay
the portion of the rent to be paid by the tenant, including, but not limited to, government benefit
payments, pay records, and bank statements, in instances in which there is a government rent
subsidy. The bill would, if the applicant elects to provide lawful, verifiable alternative evidence of the
applicant’s reasonable ability to pay, require the housing provider to provide the applicant reasonable
time to respond with that alternative evidence and reasonably consider that alternative evidence in
lieu of the person’s credit history in determining whether to offer the rental accommodation to the
applicant.
SB 406 (Cortese D) California Environmental Quality Act: exemption: financial assistance: residential
housing.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: 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 extend the above exemption to actions taken by a local agency not acting
as the lead agency to provide financial assistance or insurance for the development and construction
of residential housing, as provided. This bill contains other existing laws.
SB 423 (Wiener D) Land use: streamlined housing approvals: multifamily housing developments.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Existing law, the Planning and Zoning Law, authorizes a development proponent to submit
an application for a multifamily housing development that is subject to a streamlined, ministerial
approval process, as provided, and not subject to a conditional use permit, if the development satisfies
specified objective planning standards, including, among others, that the development proponent has
committed to record, prior to the issuance of the first building permit, a land use restriction or covenant
providing that any lower or moderate-income housing units required, as specified, remain available at
affordable housing costs, as defined, or rent to persons and families of lower or moderate income for
no less than specified periods of time. Existing law repeals these provisions on January 1, 2026.This
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bill would authorize the Department of General Services to act in the place of a locality or local
government, at the discretion of that department, for purposes of the ministerial, streamlined review
for development in compliance with the above-described requirements on property owned by or leased
to the state. The bill would extend the operation of the streamlined, ministerial approval process to
January 1, 2036. The bill would provide that the streamlined, ministerial approval process does not
apply to applications for developments proposed on qualified sites, defined as a site that is located
within an equine or equestrian district and meets certain other requirements, that are submitted on or
after January 1, 2024, but before July 1, 2025. This bill contains other related provisions and other
existing laws.
SB 706 (Caballero D) Public contracts: progressive design-build: local agencies.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Existing law authorizes the Director of General Services to use the progressive design-build
procurement process for the construction of up to 3 capital outlay projects, as jointly determined by
the Department of General Services and the Department of Finance, and prescribes that process.
Existing law defines “progressive design-build” as a project delivery process in which both the design
and construction of a project are procured from a single entity that is selected through a qualifications-
based selection at the earliest feasible stage of the project.This bill would, until January 1, 2030,
provide additional authority for cities, counties, cities and counties, or special districts to use the
progressive design-build process for up to 10 public works in excess of $5,000,000, not limited to
water-related projects, excluding projects on state-owned or state-operated facilities. The bill would
require information to be provided under penalty of perjury and would require similar reports due no
later than December 31, 2028. This bill contains other related provisions and other existing laws.
SB 713 (Padilla D) Planning and zoning: density bonuses: development standard.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Existing law, commonly referred to as the Density Bonus Law, requires a city or county to
provide a developer that proposes a housing development within the city or county with a density
bonus, waivers or reductions of development standards, parking ratios, and other incentives or
concessions, as specified, if the developer agrees to construct certain types of housing. Existing law
prohibits a city, county, or city and county from applying any development standard that will have the
effect of physically precluding the construction of a development meeting specified criteria at the
densities or with the concessions or incentives permitted by the Density Bonus Law. Existing law
defines “development standard” as including a site or construction condition, including, but not limited
to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, a
minimum lot area per unit requirement, or a parking ratio that applies to a residential development
pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law,
policy, resolution, or regulation.This bill would specify that “development standard” for these purposes
includes these standards adopted by the local government or enacted by the local government’s
electorate exercising its local initiative or referendum power, whether that power is derived from the
California Constitution, statute, or the charter or ordinances of the local government. This bill contains
other related provisions.
SB 747 (Caballero D) Land use: surplus land.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Existing law prescribes requirements for the disposal of surplus land by a local agency.
Existing law defines terms for these purposes. Existing law defines “surplus land” to generally mean
land owned in fee simple by a local agency for which the local agency’s governing body takes formal
action in a public meeting declaring that the land is surplus and not necessary for the agency’s use.
Existing law defines “agency’s use” to include land that is being used, is planned to be used pursuant
to a written plan adopted by the local agency’s governing board, or is disposed of to support agency
work or operations. Existing law excludes from “agency’s use” commercial or industrial uses or
activities, or property disposed of for the sole purpose of investment or generation of revenue, unless
the local agency is a district, except as specified, and the agency’s governing body takes specified
actions in a public meeting. Existing law excludes from these requirements the disposal of exempt
surplus land by an agency of the state or any local government. Existing law requires a local agency to
declare land as either surplus land or exempt surplus land, as supported by written findings, before a
local agency may take any action to dispose of it. Under existing law, exempt surplus land includes,
among other types of land, property that is used by a district for an “agency’s use” as expressly
authorized, land for specified developments, including a mixed-use development, if put out to open,
competitive bid by a local agency, as specified, and surplus land that is subject to specified valid legal
restrictions.This bill would define the term “dispose” for these purposes to mean the sale of the
surplus property or a lease of any surplus property entered into on or after January 1, 2024, for a term
longer than 15 years, including renewal options, as specified. The bill would provide that “dispose”
does not include entering a lease for surplus land on which no development or demolition will occur,
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regardless of the term of the lease. The bill would also redefine the term “agency’s use” to include
property owned by a port that is used to support logistics uses, sites for broadband equipment or
wireless facilities, and waste disposal sites. This bill contains other related provisions and other
existing laws.
Total Measures: 35
Total Tracking Forms: 194
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Environmental Quality Bill Matrix
10/16/2023
AB 3 (Zbur D) Offshore wind energy: reports.
Last Amend: 9/1/2023
Location: 10/7/2023-A. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Existing law requires the State Energy Resources Conservation and Development
Commission, in coordination with relevant federal, state, and local agencies, to develop a strategic
plan for offshore wind energy developments installed off the California coast in federal waters, and
requires the commission to submit the strategic plan to the Natural Resources Agency and the
Legislature on or before June 30, 2023. Existing law requires the commission, on or before June 1,
2022, to evaluate and quantify the maximum feasible capacity of offshore wind to achieve reliability,
ratepayer, employment, and decarbonization benefits and to establish megawatt offshore wind
planning goals for 2030 and 2045. Existing law requires the commission, in coordination with specified
state entities, to work with stakeholders, other state, local, and federal agencies, and the offshore
wind energy industry to identify suitable sea space for wind energy areas in federal waters sufficient
to accommodate those offshore wind planning goals. Existing law requires the commission, in
coordination with relevant state and local agencies, based on those identified sea spaces, to develop
a plan to improve waterfront facilities that could support a range of floating offshore wind energy
development activities. Existing law requires the commission, in consultation with specified state
entities, to assess the transmission investments and upgrades necessary to support those offshore
wind planning goals. Existing law requires the commission to develop and produce a permitting
roadmap that describes timeframes and milestones for a coordinated, comprehensive, and efficient
permitting process for offshore wind energy facilities and associated electricity and transmission
infrastructure off the coast of California. Existing law repeals these provisions on January 1, 2027. This
bill would require the commission, in consultation with the State Lands Commission, other specified
state entities, and the California Coastal Commission, to develop a 2nd-phase plan and strategy for
seaport readiness that builds upon the recommendations and alternatives in the strategic plan for
offshore wind energy developments, as specified. The bill would require the commission to submit a
report on its recommendations for a seaport readiness strategy to the Governor and the Legislature
on or before December 31, 2026. The bill would additionally require the commission, in consultation
with the California Workforce Development Board, to conduct a study on the feasibility of achieving
50% and 65% in-state assembly and manufacturing of offshore wind energy projects and specified
federal domestic content thresholds for offshore wind energy projects, as provided. The bill would
require the commission to submit a report on the study to the Governor and the Legislature on or
before December 31, 2027. The bill would repeal these provisions, including the existing law provisions
described above, on January 1, 2031. This bill contains other related provisions and other existing
laws.
AB 30 (Ward D) Atmospheric rivers: research: reservoir operations.
Last Amend: 6/26/2023
Location: 9/1/2023-A. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Current law establishes the Atmospheric Rivers: Research, Mitigation, and Climate
Forecasting Program in the Department of Water Resources. Current law requires the department,
upon an appropriation for purposes of the program, to research climate forecasting and the causes
and impacts that climate change has on atmospheric rivers, to operate reservoirs in a manner that
improves flood protection, and to reoperate flood control and water storage facilities to capture water
generated by atmospheric rivers. This bill would rename that program the Atmospheric Rivers Research
and Forecast Improvement Program: Enabling Climate Adaptation Through Forecast-Informed
Reservoir Operations and Hazard Resiliency (AR/FIRO) Program. The bill would require the department
to research, develop, and implement new observations, prediction models, novel forecasting methods,
and tailored decision support systems to improve predictions of atmospheric rivers and their impacts
on water supply, flooding, post-wildfire debris flows, and environmental conditions.
AB 267 (Bauer-Kahan D) Fire protection: tents: nonflammable materials.
Last Amend: 7/5/2023
Location: 10/13/2023-A. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Existing law establishes the Office of the State Fire Marshal in the Department of Forestry
and Fire Protection and requires the office to aid in the enforcement of specified laws and ordinances
relating to fires or fire prevention and protection. Existing law requires the State Fire Marshal to
prepare and adopt rules and regulations establishing minimum requirements for the prevention of fire
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and panic in connection with the use of tents, awnings, or other fabric enclosures. Existing law
provides that it is unlawful for any person, firm, or corporation to establish, maintain, or operate a
specified event in or under which 10 or more persons may gather for any lawful purpose in any tent,
awning, or other fabric enclosure unless a tent, awning, or other fabric enclosure, and all auxiliary
tents, curtains, drops, awnings, and all decorative materials, are made from a nonflammable material
or are treated and maintained in a flame-retardant condition. Existing law provides specified
exceptions to the above-described provision. This bill would instead apply the above-described
requirement relating to tents to a gathering of 15 or more persons. The bill would expand the
exceptions to the above-described requirement by including any tent designed or manufactured for
children's play, camping, backpacking, or mountaineering. This bill contains other related provisions and
other existing laws.
AB 279 (Rubio, Blanca D) San Gabriel Basin Water Quality Authority: annual pumping right assessment.
Last Amend: 2/8/2023
Location: 10/13/2023-A. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Existing law, the San Gabriel Basin Water Quality Authority Act, establishes the San Gabriel
Basin Water Quality Authority and provides for its powers and duties. Among other things, the act
authorizes the authority to impose an annual pumping right assessment for specified purposes in an
amount not to exceed $10 per acre-foot. This bill would increase the maximum allowable annual
pumping right assessment to $20 per acre-foot. This bill contains other related provisions and other
existing laws.
AB 297 (Fong, Vince R) Wildfires: local assistance grant program: prescribed grazing: advance
payments.
Last Amend: 9/8/2023
Location: 10/9/2023-A. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Current law requires the Department of Forestry and Fire Protection to establish a local
assistance grant program for fire prevention and home hardening education activities, including public
education outreach activities, as provided. The Director of Forestry and Fire Protection may, until
January 1, 2024, authorize advance payments from a grant program award, not to exceed 25% of the
total grant award, except as specified. This bill would expand the definition of fire prevention activities
to include prescribed grazing, as defined. The bill would expand allowable public education outreach
activities to include training on prescribed grazing.
AB 345 (Wilson D) Habitat restoration: flood control: advance payments.
Last Amend: 6/26/2023
Location: 10/10/2023-A. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Existing law authorizes the Department of Water Resources to make examinations of lands
subject to inundation and overflow by floodwaters and of the waters causing the inundation or
overflow and to make plans and estimates of the cost of works to regulate and control the
floodwaters. Existing law also vests in the department charge of all expenditures unless otherwise
provided by law for all public works relating to general river and harbor improvements, including
reclamation and drainage of lands. Existing law authorizes the department to cooperate and contract
with any agency of the state or of the United States in order to carry out its powers and purposes.
This bill would authorize the department or the board to provide advance payments, as defined, to
local agencies for projects that restore habitat for threatened and endangered species under state or
federal law or improve flood protection, as provided. The bill would prohibit the amount of funds
advanced by the department or the board to the local agency at any one time from exceeding 25% of
the entire amount authorized to be provided under the funding agreement. The bill would require the
project proponent to demonstrate a need for an advance payment and that the project proponent is
sufficiently qualified to manage the project and the project's finances. The bill would require the funds
to be spent within 6 months and would require the recipient to provide an accountability report to the
department or the board on a quarterly basis, as specified.
AB 541 (Wood D) California Safe Drinking Water Act: wildfire aftermath: benzene testing.
Last Amend: 9/8/2023
Location: 10/9/2023-A. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Would direct the State Water Resources Control Board to require a public water system
that has experienced a wildfire event meeting specified criteria to perform sample collection and
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analysis of its source waters, treatment facilities, conveyance facilities, distribution systems, or a
combination thereof, for the presence of benzene as soon as it is safe to do so. The bill would
authorize the state board to require a public water system response that includes specified measures
if a public water system conducts sampling and finds detectable concentrations of benzene.
AB 579 (Ting D) Schoolbuses: zero-emission vehicles.
Last Amend: 6/29/2023
Location: 10/7/2023-A. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Would require, commencing January 1, 2035, 100% of all newly purchased or contracted
schoolbuses of a school district, county office of education, or charter school to be zero-emission
vehicles, where feasible. The bill would, in order to comply with that requirement, authorize local
educational agencies, as defined, to request a one-time extension for a term not to exceed 5 years if a
local educational agency determines that the purchase or contracting of a zero-emission schoolbus is
not feasible due to both terrain and route constraints, provided that certain conditions are met. The bill
would also, commencing January 1, 2040, authorize frontier local educational agencies, as defined, to
apply for annual extensions, through January 1, 2045, to that requirement, if the frontier local
educational agency determines that the purchase or contracting of a zero-emission schoolbus is not
feasible due to both terrain and route constraints, provided that certain conditions are met. To the
extent this requirement imposes additional duties on local educational agencies in connection with
federally required pupil transportation services that go beyond the requirements in federal law, the bill
would impose a state-mandated local program.
AB 584 (Hart D) California Coastal Act of 1976: coastal development: emergency waiver.
Last Amend: 3/6/2023
Location: 7/27/2023-A. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The California Coastal Act of 1976 requires the issuance of a coastal development permit if
the proposed development is in conformity with the certified local coastal program. The act provides for
the certification of local coastal programs by the California Coastal Commission. The act authorizes the
requirement of having to obtain a permit to be waived when immediate action by a person or public
agency performing a public service is required to protect life and public property from imminent danger,
or to restore, repair, or maintain public works, utilities, or services destroyed, damaged, or interrupted
by natural disaster, serious accident, or in other cases of emergency, as specified. The act provides
that this waiver provision does not authorize the permanent erection of structures valued at more
than $25,000. This bill would increase the above-described amount to $125,000, adjusted annually for
inflation pursuant to the consumer price index.
AB 585 (Rivas, Robert D) Climate change: infrastructure and clean energy projects: assessments.
Last Amend: 9/1/2023
Location: 10/7/2023-A. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The California Global Warming Solutions Act of 2006 designates the State Air Resources
Board (state board) as the state agency responsible for monitoring and regulating sources emitting
greenhouse gases. Existing law vests the Public Utilities Commission (PUC) with regulatory jurisdiction
over public utilities, including electrical corporations, as provided. Existing law requires the PUC and the
State Energy Resources Conservation and Development Commission (Energy Commission) to
undertake specified actions to advance the state's clean energy and pollution reduction objectives.
This bill would request the CCST, in its discretion, every 3 years, to assess the infrastructure project
types, scale, and pace necessary to achieve the state's energy, climate change, and air quality goals,
as specified. The bill would also require GO-Biz, in consultation with the Energy Commission, the PUC,
and the state board, to prepare an assessment of the barriers, challenges, and impediments limiting
the deployment and development of clean energy projects, as specified. The bill would require GO-Biz
to submit this assessment to the Legislature on or before January 1, 2026. The bill would also require
the assessment to be considered and incorporated into the work carried out by the Infrastructure
Strike Team convened by the Governor. This bill contains other related provisions and other existing
laws.
AB 604 (Lee D) Mobilehome parks: water utility charges.
Last Amend: 7/12/2023
Location: 10/13/2023-A. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Existing law, the Mobilehome Residency Law, governs the term and conditions of
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mobilehome park tenancies. Existing law, if the management of a mobilehome park elects to
separately bill water utility service to homeowners, limits charges and fees on homeowners in
connection with those services to specified types of charges and fees. This bill would provide that a
person or other entity that maintains a mobilehome park or a multiple unit residential complex, and
provides water service through a submeter service system, is exempt from regulation as a public utility
if management of the mobilehome park complies with the limitations on charges and fees provided for
in the Mobilehome Residency Law. This bill would also provide that those limitations on charges and
fees in connection with water utility service apply to all management that elects to separately bill
water utility service to homeowners, including where the water purveyor or the mobilehome park is
subject to the jurisdiction, control, or regulation of the commission. This bill contains other related
provisions and other existing laws.
AB 664 (Lee D) California Safe Drinking Water Act.
Last Amend: 9/6/2023
Location: 10/13/2023-A. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The California Safe Drinking Water Act provides for the operation of public water systems
and imposes on the State Water Resources Control Board various duties and responsibilities for the
regulation and control of drinking water in the state. Current law imposes certain responsibilities on
public water systems and authorizes the state board to issue a citation to a public water system if the
state board determines that the public water system is in violation of the act, or any regulation,
permit, standard, or order issued or adopted under the act. Current law requires a public water
system to reimburse the state board for actual costs incurred by the state board for specified
enforcement activities related to that water system, as provided. This bill would authorize the state
board to issue a citation to any person if the state board determines that the person is in violation of
the act, or any regulation, permit, standard, or order issued or adopted under the act. The bill would
also require persons to reimburse the state board for actual costs incurred by the state water board
for specified enforcement activities related to that person, as provided. The bill would expand the
definition of “person,” defined in existing law for purposes of the act to include individuals and various
corporate and public entities, associations, and institutions, to also include the United States, to the
extent authorized by federal law.
AB 678 (Alvarez D) Biomethane procurement targets or goals: core transport agents.
Last Amend: 9/8/2023
Location: 10/7/2023-A. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Current law requires the Public Utilities Commission to require each gas corporation to
provide bundled basic gas service to all core customers in its service territory unless the customer
chooses or contracts to have natural gas purchased and supplied by another entity. Current law
requires the commission, in consultation with the State Air Resources Board, to consider adopting
specific biomethane procurement targets or goals for each gas corporation, as specified. This bill would
revise that latter requirement to instead require the commission to consider adopting specific
biomethane procurement targets or goals for each gas corporation and core transport agent, as
defined. If the commission adopts the biomethane procurement targets or goals, the bill would require
the commission to authorize a core transport agent to enter into an agreement with a gas corporation
for the gas corporation to procure the core transport agent’s proportionate share of biomethane in
order to satisfy the biomethane procurement targets or goals, with all costs paid for by the core
transport agent and any environmental attributes allocated by the commission in a fair and
transparent manner. The bill would require the commission to initially allocate each core transport
agent their proportional share of the existing biomethane procurement targets established by
commission Decision 22-02-025, as specified.
AB 682 (Mathis R) State Water Resources Control Board: online search tool: funding applications.
Last Amend: 3/20/2023
Location: 10/7/2023-A. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Current law establishes the State Water Resources Control Board (state board) to exercise
the adjudicatory and regulatory functions of the state in the field of water resources. Current law
establishes the Safe and Affordable Drinking Water Fund in the State Treasury to help water systems
provide an adequate and affordable supply of safe drinking water in both the near and long terms.
This bill would require, by January 1, 2025, the state board to update the state board’s online search
tool for funding applications to include a description of the additional information the state board
needs from a water system to continue processing the water system’s application and a description of
the typical steps that must be completed before a funding agreement can be executed after receipt of
a complete application, among other information, as specified.
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AB 755 (Papan D) Water: public entity: water usage demand analysis.
Last Amend: 8/14/2023
Location: 10/9/2023-A. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Current law authorizes a public entity that supplies water at retail or wholesale within its
service area to adopt, in accordance with specified procedures, and enforce a water conservation
program. This bill would require a public entity, as defined, to conduct a water usage demand analysis,
as defined, prior to completing, or as part of, a cost-of-service analysis conducted to set fees and
charges for water service that are consistent with applicable law. The bill would require a public entity
to identify, within the water usage demand analysis, the costs of water service for the highest users,
as defined, incurred by the public entity, and the average annual volume of water delivered to high
water users.
AB 759 (Grayson D) Sanitary districts.
Last Amend: 3/30/2023
Location: 6/29/2023-A. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Current law authorizes the formation of a sanitary district, pursuant to specified
requirements. Current law authorizes a sanitary district to acquire, plan, construct, reconstruct, alter,
enlarge, lay, renew, replace, maintain, and operate garbage dumpsites and garbage collection and
disposal systems, sewers, drains, septic tanks, and sewerage collection, outfall, treatment works and
other sanitary disposal systems, and storm water drains and storm water collection, outfall and
disposal systems, and water recycling and distribution systems, as the deemed necessary and proper
by the governing board of the district. Current law generally authorizes the district to expend money
only upon written order of the board. Current law also authorizes a district board, as an alternative to
the functions of the treasurer, to elect to disburse district funds upon resolution of the board and the
filing of a certified copy with the treasurer. Under current law, the treasurer is then required to deliver
all district funds to the district, which can only be withdrawn by written order of the district boards,
signed by the president and secretary. Current law requires the district board to appoint a treasurer
responsible for the deposit and withdrawal of district funds. This bill would instead authorize funds to
be withdrawn by a district treasurer or expended by a treasurer upon approval by the board, signed
by the president and secretary.
AB 779 (Wilson D) Groundwater: adjudication.
Last Amend: 9/8/2023
Location: 10/10/2023-A. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Would require a civil court, in an adjudication action for a basin required to have a
groundwater sustainability plan, to appoint one party to forward all case management orders,
judgments, and interlocutory orders to the groundwater sustainability agency within 10 business days
of issuance. The bill would require the court to allocate payment of the costs incurred by the party
appointed to forward all case management orders, judgments, and interlocutory orders to the
groundwater sustainability agency among the parties in an amount and a manner that the court
deems equitable. The bill would require the groundwater sustainability agency to post the documents
on its internet website in the interest of transparency and accessibility within 20 business days of
receipt from a party, as specified. The bill would authorize the court to refer the matter to the State
Water Resources Control Board for investigation and report in order to assist the court in making
findings pursuant to these provisions, and would authorize a party to request that the court refer the
matter to the board for these purposes, as specified. The bill would require the court to consider the
water use of and accessibility of water for small farmers and disadvantaged communities, as those
terms are defined, before entering a judgment.
AB 882 (Davies R) Coastal resources: State Coastal Conservancy: advance payments.
Last Amend: 3/29/2023
Location: 10/13/2023-A. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Current law authorizes the State Coastal Conservancy to award certain grants for specified
purposes. Current law establishes a pilot program, which is repealed on July 1, 2025, to explore
possible improvements to the state’s existing advance payment practices for state-funded assistance
grants. Current law authorizes an administering state agency of a grant program to advance a
payment to a recipient entity, which means a local agency or a nongovernmental entity that is
awarded a grant by an administering state agency and with whom the administering state agency has
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entered into a contract pursuant to that grant, in accordance with specified procedures. These
procedures include stipulating an advance payment structure and request process within the grant
agreement or contract and ensuring that the advance payment to the recipient entity does not exceed
25% of the total grant amount awarded to the recipient entity, except in specified circumstances. This
bill would permit the conservancy to authorize advance payments on a contract or grant awarded in
accordance with the pilot program.
AB 1059 (Friedman D) Product safety: consumer products: textile fiberglass and covered flame retardant
chemicals.
Last Amend: 9/1/2023
Location: 10/8/2023-A. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Current law prohibits a person from selling or distributing in commerce in this state any
new, not previously owned juvenile products, mattresses, or upholstered furniture that contains
covered flame retardant chemicals at specified levels, and prohibits a custom upholsterer from
repairing, reupholstering, recovering, restoring, or renewing upholstered or reupholstered furniture
using replacement components that contain covered flame retardant chemicals at specified levels.
Current law exempts from those requirements, among other things, components of adult mattresses
other than foam. This bill would make that exemption inoperative on January 1, 2027. The bill would
exempt from the above-described requirements aramid fabric when used in the interior of a mattress
or on a nonsleep surface of a mattress, as specified. The bill would additionally exempt modacrylic fiber
without antimony trioxide or other covered flame retardant chemicals. The bill would require the
International Sleep Products Association, on or before October 1, 2025, to submit to the bureau a
quantitative health risk assessment of modacrylic fiber without antimony trioxide, as specified, and
would require the bureau to post the assessment on its internet website.
AB 1115 (Papan D) Barry Keene Underground Storage Tank Cleanup Trust Fund Act of 1989: brownfields
remediation and redevelopment.
Last Amend: 9/7/2023
Location: 10/9/2023-A. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The Barry Keene Underground Storage Tank Cleanup Trust Fund Act of 1989 (act) requires
an owner of an underground storage tank, as defined, for which a permit is required by law to pay
storage fees for each gallon of petroleum placed in the tank. The act establishes the Underground
Storage Tank Cleanup Fund (fund), and requires the storage fees, among other moneys, to be
deposited into the fund. The act authorizes the State Water Resources Control Board to expend the
moneys in the fund, upon appropriation by the Legislature, to pay for corrective action in response to
an unauthorized release from an underground storage tank and for the cleanup and oversight of
unauthorized releases at abandoned tank sites, among other specified purposes. The act requires
that certain information be submitted to the state board, and other specified agencies, under penalty
of perjury. The act provides for the repeal of certain of its provisions on January 1, 2026, but also
provides that certain associated rights, obligations, and authorities that apply before the January 1,
2026, repeal date do not terminate upon repeal of the other provisions of the act. This bill would
postpone the repeal of those provisions to January 1, 2036. By extending the operation of those
portions of the act, the bill would impose a state-mandated local program by continuing the operation
of certain crimes regarding the furnishing of information under penalty of perjury.
AB 1159 (Aguiar-Curry D) California Global Warming Solutions Act of 2006: natural and working lands:
market-based compliance mechanisms.
Last Amend: 7/3/2023
Location: 10/7/2023-A. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The California Global Warming Solutions Act of 2006 requires the State Air Resources Board
to ensure that statewide greenhouse gas emissions are reduced to at least 40% below the 1990 level
by 2030. The act declares the policy of the state to achieve net zero greenhouse gas emissions as
soon as possible, but no later than 2045, and to achieve and maintain net negative greenhouse gas
emissions thereafter. The act requires the state board to prepare and approve a scoping plan for
achieving the maximum technologically feasible and cost-effective reductions in greenhouse gas
emissions and to update the scoping plan at least once every 5 years. This bill would instead require
the state board to additionally ensure that all greenhouse gas emissions reductions and removals
used for any market-based compliance mechanism are in addition to any reductions and removals that
would otherwise occur.
AB 1216 (Muratsuchi D) Wastewater treatment plants: monitoring of air pollutants.
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Last Amend: 8/16/2023
Location: 10/10/2023-A. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Would require, on or before January 1, 2027, the owner or operator of a wastewater
treatment facility that is located within 1,500 feet of a residential area and has an original design
capacity of 425,000,000 gallons or more per day to develop, install, operate, and maintain a
wastewater treatment-related fence-line monitoring system approved by the appropriate air quality
management district. The bill would require the wastewater treatment-related fence-line monitoring
system to include equipment capable of measuring pollutants of concern, as provided, emitted into the
atmosphere that the appropriate air quality management district deems appropriate for monitoring.
The bill would provide that it does not alter the responsibility of an owner or operator of a wastewater
treatment facility to not exceed limits for nitrogen oxides and volatile organic compounds emitted into
the atmosphere established in existing air quality regulations, as provided, and would require source
testing for these pollutants to be conducted pursuant to a protocol approved by the appropriate air
quality management district.
AB 1305 (Gabriel D) Voluntary carbon market disclosures.
Last Amend: 9/8/2023
Location: 10/7/2023-A. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Existing law imposes various limitations on emissions of air contaminants for the control of
air pollution from vehicular and nonvehicular sources. This bill would require a business entity that is
marketing or selling voluntary carbon offsets, as defined, within the state to disclose on the business
entity’s internet website specified information about the applicable carbon offset project and details
regarding accountability measures if a project is not completed or does not meet the projected
emissions reductions or removal benefits, as provided. The bill would also require an entity that
purchases or uses voluntary carbon offsets that makes claims regarding the achievement of net zero
emissions or other, similar claims, as specified, to disclose on the entity’s internet website specified
information. The bill would require an entity that makes these claims to disclose on the entity’s internet
website all information documenting how, if at all, a claim was determined to be accurate or actually
accomplished, how interim progress toward that goal is being measured, and whether there is
independent third-party verification of the company data and claims listed. The bill would make a
person who violates these provisions subject to a civil penalty of not more than $2,500 per day, as
specified, for each violation, not to exceed a total amount of $500,000, which would be assessed and
recovered in a civil action brought in the name of the people of the State of California by the Attorney
General or by a district attorney, county counsel, or city attorney in a court of competent jurisdiction.
The bill would additionally require that disclosures be updated no less than annually.
AB 1526 (Committee on Natural Resources) Public resources.
Last Amend: 9/8/2023
Location: 10/13/2023-A. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: (1)Existing law requires the Department of Conservation and the State Water Resources
Control Board to provide to the fiscal and relevant policy committees of the Legislature an annual
report regarding certain aspects of the implementation of the Underground Injection Control Program
until October 1, 2024.This bill would make these provisions inoperative on October 1, 2029, and would
repeal them as of January 1, 2030. This bill contains other related provisions and other existing laws.
AB 1627 (Lee D) California Safe Drinking Water Act.
Last Amend: 5/16/2023
Location: 9/8/2023-A. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The California Safe Drinking Water Act requires the State Water Resources Control Board to
regulate specified water systems and maintain specified primary drinking water standards. The act
defines a public water system as a system for the provision of water for human consumption through
pipes or other constructed conveyances that has 15 or more service connections or regularly serves at
least 25 individuals daily at least 60 days out of the year. Current law applies the provisions of the act
to a food facility that is regulated pursuant to the California Retail Food Code only if the human
consumption includes drinking of water. In regard to the number of individuals served, this bill would
revise the definition of a public water system to apply to a system that regularly serves an average of
at least 25 individuals daily at least 60 days out of the year. To the extent that this bill would expand
the scope of coverage of the act by applying its provisions to more public water systems, thereby
expanding the application of a crime, this bill would impose a state-mandated local program. This bill
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would repeal the provision applying the act to a food facility that is regulated pursuant to the
California Retail Food Code only if the human consumption includes drinking of water.
SB 48 (Becker D) Building Energy Savings Act.
Last Amend: 9/1/2023
Location: 10/7/2023-S. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Current law requires each utility to maintain records of the energy usage data of all
buildings to which they provide service for at least the most recent 12 complete calendar months, and
to deliver or otherwise provide that aggregated energy usage data for each covered building, as
defined, to the owner, as specified. Current law requires the State Energy Resources Conservation and
Development Commission (Energy Commission) to adopt regulations providing for the delivery to the
Energy Commission and public disclosure of benchmarking of energy use for covered buildings, and
specifies that this requirement does not require the owner of a building with 16 or fewer residential
utility accounts to collect or deliver energy usage information to the Energy Commission. This bill would
additionally specify that the requirement does not require the owner of a building with less than
50,000 square feet of gross floor space to collect or deliver energy usage information to the Energy
Commission.
SB 261 (Stern D) Greenhouse gases: climate-related financial risk.
Last Amend: 9/8/2023
Location: 10/7/2023-S. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The California Global Warming Solutions Act of 2006 requires the State Air Resources Board
to adopt regulations to require the reporting and verification of statewide greenhouse gas emissions
and to monitor and enforce compliance with the act. The act requires the state board to make
available, and update at least annually, on its internet website the emissions of greenhouse gases,
criteria pollutants, and toxic air contaminants for each facility that reports to the state board, as
provided. This bill would require, on or before January 1, 2026, and biennially thereafter, a covered
entity, as defined, to prepare a climate-related financial risk report disclosing the entity’s climate-
related financial risk and measures adopted to reduce and adapt to climate-related financial risk. The
bill would require the covered entity to make a copy of the report available to the public on its own
internet website. This bill contains other related provisions.
SB 272 (Laird D) Sea level rise: planning and adaptation.
Last Amend: 9/7/2023
Location: 10/7/2023-S. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Would require a local government, as defined, lying, in whole or in part, within the coastal
zone, as defined, or within the jurisdiction of the San Francisco Bay Conservation and Development
Commission, as defined, to develop a sea level rise plan as part of either a local coastal program, as
defined, that is subject to approval by the California Coastal Commission, or a subregional San
Francisco Bay shoreline resiliency plan that is subject to approval by the San Francisco Bay
Conservation and Development Commission, as applicable, on or before January 1, 2034, as provided.
By imposing additional requirements on local governments, the bill would impose a state-mandated
local program. The bill would require local governments that receive approval for a sea level rise plan
to be prioritized for funding, upon appropriation by the Legislature, for the implementation of sea level
rise adaptation strategies and recommended projects in the local government’s approved sea level
rise plan. The bill would require, on or before December 31, 2024, the California Coastal Commission,
in close coordination with the Ocean Protection Council and the California Sea Level Rise State and
Regional Support Collaborative, to establish guidelines for the preparation of the sea level rise plan.
The bill would also require, on or before December 31, 2024, the San Francisco Bay Conservation and
Development Commission, in close coordination with the California Coastal Commission, the Ocean
Protection Council, and the California Sea Level Rise State and Regional Support Collaborative, to
establish guidelines for the preparation of the sea level rise plan. The bill would make the operation of
its provisions contingent upon an appropriation for its purposes by the Legislature in the annual
Budget Act or another statute. This bill contains other related provisions and other existing laws.
SB 306 (Caballero D) Climate change: Equitable Building Decarbonization Program: Extreme Heat Action
Plan.
Last Amend: 9/7/2023
Location: 10/7/2023-S. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
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Summary: Current law requires the State Energy Resources Conservation and Development
Commission to establish the Equitable Building Decarbonization Program, which includes establishing a
statewide incentive program for low-carbon building technologies and the direct install program to fund
certain projects, including installation of energy efficient electric appliances, energy efficiency
measures, demand flexibility measures, wiring and panel upgrades, building infrastructure upgrades,
efficient air-conditioning systems, ceiling fans, and other measures to protect against extreme heat,
where appropriate, and remediation and safety measures to facilitate the installation of new
technologies. Current law authorizes the commission to administer the direct install program through
regional direct install third-party implementers, as specified. Current law requires that the direct install
program give preference to projects in buildings that meet specified criteria. The Budget Act of 2022
appropriated $112,000,000 from the General Fund for purposes of the Equitable Building
Decarbonization Program. This bill would require the commission, on or before September 1, 2024, and
annually thereafter until the moneys described above have been expended, to submit a report to the
relevant policy committees of the Legislature that includes information about the progress of the direct
install program, including the selected administrators and implementers and implementation progress,
as specified
SB 353 (Dodd D) Beverage containers: recycling.
Last Amend: 9/7/2023
Location: 10/13/2023-S. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The California Beverage Container Recycling and Litter Reduction Act, of which a violation is
a crime, requires a distributor to pay a redemption payment for every beverage container sold or
offered for sale in the state. The act defines the term “beverage container” to mean the individual,
separate bottle, can, jar, carton, or other receptacle, however denominated, in which a beverage is
sold, and which is constructed of metal, glass, or plastic, or other material, or any combination of these
materials, but does not include cups or other similar open or loosely sealed receptacles. The act
defines “beverage” to include certain types of products in liquid, ready-to-drink form, including
carbonated fruit drinks and noncarbonated fruit drinks that contain any percentage of fruit juice, but
not 100% fruit juice in 46-ounce containers or larger or vegetable juice containers with more than 16
ounces. This bill would expand the application of the act to any size container of 100% fruit juice and
any size container of vegetable juice, beginning January 1, 2024.
SB 568 (Newman D) Electronic waste: export.
Last Amend: 6/13/2023
Location: 10/4/2023-S. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The Electronic Waste Recycling Act of 2003 requires a person who exports covered
electronic waste, or covered electronic devices, except as specified, intended for recycling or disposal,
to a foreign country, or to another state for ultimate export to a foreign country, to notify the
Department of Toxic Substances Control of certain matters concerning the waste or device to be
exported. Current law requires the exporter to include with those notifications specified
demonstrations, including a demonstration that exportation of the waste or device will be managed
within the country of destination only at facilities whose operations meet or exceed specified
recommendations and guidelines of the Organization for Economic Cooperation and Development. The
act defines a “covered electronic waste recycler” as a person or manufacturer that engages in certain
activities for purposes of the reuse or recycling of covered electronic devices. The act becomes
inoperative if certain conditions are met. A violation of the act is a crime. This bill would add to the
requirements for export of covered electronic waste or a covered electronic device a requirement for
the person to demonstrate that they attempted to locate an in-state covered electronic waste recycler
and that the waste or device could not be managed by an in-state covered electronic waste recycler.
SB 613 (Seyarto R) Organic waste: reduction goals: local jurisdictions: low-population waiver.
Last Amend: 6/28/2023
Location: 10/13/2023-S. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Current law requires the State Air Resources Board to approve and begin implementing a
comprehensive short-lived climate pollutant strategy to achieve a certain reduction in statewide
emissions of methane, including a goal of a 75% reduction in the level of the statewide disposal of
organic waste from the 2014 level by 2025. Current law requires the Department of Resources
Recycling and Recovery, in consultation with the state board, to adopt regulations that achieve those
targets for reducing organic waste in landfills that may include, among other things, different levels of
requirements for local jurisdictions and phased timelines based upon their progress in meeting the
organic waste reduction goals, and penalties to be imposed by the department for noncompliance. This
bill would, for a local jurisdiction, as defined, waive those requirements and regulations until December
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Matrix 10.16.23
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31, 2028, if the local jurisdiction does not qualify for other specified waivers, disposed of fewer than
5,000 tons of solid waste in 2014, and has fewer than 7,500 people, as provided.
SB 676 (Allen D) Local ordinances and regulations: drought-tolerant landscaping.
Last Amend: 4/18/2023
Location: 10/8/2023-S. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Current law prohibits a city, including a charter city, county, and city and county, from
enacting or enforcing any ordinance or regulation that prohibits the installation of drought-tolerant
landscaping, synthetic grass, or artificial turf on residential property, as specified. This bill would
instead prohibit a city, including a charter city, county, or city and county from enacting or enforcing any
ordinance or regulation that prohibits the installation of drought-tolerant landscaping using living plant
material on residential property. The bill would specify that drought-tolerant landscaping does not
include the installation of synthetic grass or artificial turf. By establishing new requirements for local
agencies, this bill would impose a state-mandated program.
SB 745 (Cortese D) The Drought-Resistant Buildings Act.
Last Amend: 9/7/2023
Location: 10/13/2023-S. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Would require the California Building Standards Commission to research, develop, and
propose building standards to reduce potable water use in new residential and nonresidential
buildings, as specified. The bill would require the commission to perform a review of water efficiency
and water reuse standards in the California Buildings Standards Code every 3 years, commencing with
the next triennial edition, and update as needed.
SB 806 (Archuleta D) Trash receptacles and storage containers: reflective markings: enforcement.
Last Amend: 9/8/2023
Location: 10/10/2023-S. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Current law requires, commencing January 1, 2025, a manufacturer who sells or provides
for compensation, and, commencing January 1, 2026, an owner of, a trash receptacle or storage
container that is longer than 3 feet and taller than 4 feet and that is designed to be placed on a
roadway or the curb of a roadway in order to be emptied or picked up to mark the receptacle or
container with a reflector on each side, as specified. Current law provides that a violation of these
requirements would result in a criminal infraction punishable by a fine, as specified. This bill would
replace the criterion for a trash receptacle or storage container to be designed to be placed on a
roadway or curb to be emptied or picked up with it being placed on a roadway or curb to be emptied or
picked up. The bill would reduce the size of the required reflectors, change the required placement of
the reflectors, and expand the types of reflectors that meet the requirement, as specified.
Total Measures: 35
Total Tracking Forms: 48
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Energy, Utilities, and Communications Legislative Matrix
10/16/2023
AB 50 (Wood D) Public utilities: timely service: customer energization.
Last Amend: 9/8/2023
Location: 10/7/2023-A. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Existing law authorizes the Public Utilities Commission to fix the rates and charges for every
public utility, and requires that those rates and charges be just and reasonable. Existing law requires
the commission to enforce rules governing the extension of service by electrical corporations. This bill
would require the commission to determine the criteria for timely service for electric customers to be
energized, including, among other things, categories of timely electric service through energization, as
specified. The bill would require each electrical corporation that energized less than 35% of customers
with completed applications exceeding 12 months in duration by January 31, 2023, to submit a report
to the commission, as specified, on or before December 1, 2024, demonstrating that the electrical
corporation has energized 80% of customers with applications deemed complete as of January 31,
2023, as specified. To improve the accuracy of projected demand and facilitate achievement of the goal
of timely electric service through energization, the bill would require each electrical corporation to
evaluate and update, as necessary, its existing distribution planning processes. In order to inform the
commission's determination of criteria for timely service, the bill would require the commission to
annually collect certain information from each electrical corporation until new reporting requirements
are established. This bill contains other related provisions and other existing laws.
AB 286 (Wood D) Broadband infrastructure: mapping.
Last Amend: 6/29/2023
Location: 10/10/2023-A. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Existing law requires the Public Utilities Commission, in collaboration with relevant state
agencies and stakeholders, to maintain and update a statewide, publicly accessible, and interactive
map showing the accessibility of broadband service in the state. Existing law authorizes the
commission to collect information from providers of broadband services at the address level and
prohibits the commission from disclosing certain protected residential subscriber information. This bill
would require that the map identify, for each address in the state, each provider of broadband services
that offers service at the address and the maximum speed of broadband services offered by each
provider of broadband services at the address. This bill contains other related provisions and other
existing laws.
AB 965 (Carrillo, Juan D) Local government: broadband permit applications.
Last Amend: 8/30/2023
Location: 10/9/2023-A. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The Permit Streamlining Act governs the approval process that a city or county is required
to follow when approving, among other things, a permit for construction or reconstruction for a
development project for a wireless telecommunications facility and a collocation or siting application for
a wireless telecommunications facility. This bill, except as specified, would require a local agency to
undertake batch broadband permit processing, as defined, upon receiving 2 or more broadband permit
applications for substantially similar broadband project sites submitted at the same time by the same
applicant, within a presumptively reasonable time, as defined. The bill would define “local agency” for
these purposes to mean a city, county, city and county, charter city, special district, or publicly owned
utility, other than certain publicly owned electric utilities. If a local agency does not approve those
broadband permit applications for substantially similar broadband project sites and issue permits, or
reject the applications and notify the applicants, within the presumptively reasonable time or longer
period permitted under applicable law, the bill would require that all of those permits be deemed
approved.
AB 1068 (Valencia D) Public Utilities Commission: ex parte communications.
Last Amend: 9/8/2023
Location: 10/13/2023-A. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Current law establishes various requirements for ex parte communication between the
Public Utilities Commission and interested parties for ratesetting cases and catastrophic wildfire
proceedings and, among other things, authorizes the commission, by order or rule, to prohibit ex parte
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communications. Current law authorizes written ex parte communications by an interested person to
be permitted in ratesetting cases and catastrophic wildfire proceedings if copies of the communication
are transmitted to all parties on the same day as the original communication, and requires the
commission to establish a quiet period during the 3 business days before the commission’s scheduled
vote on a decision in ratesetting cases and catastrophic wildfire proceedings, during which oral and
written ex parte communications are prohibited. This bill would authorize the commission, by order or
rule, to prohibit oral ex parte communications, rather than all ex parte communications, in ratesetting
cases and catastrophic wildfire proceedings. The bill would expressly authorize a written ex parte
communication to occur at any time before the 3 business days before the commission’s scheduled
vote on a decision without restriction during ratesetting cases and catastrophic wildfire proceedings if
copies of the communication are transmitted to all parties on the same day as the original
communication.
AB 1121 (Haney D) Public works: ineligibility list.
Last Amend: 9/1/2023
Location: 10/8/2023-A. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Current law generally requires a contractor or subcontractor to be registered with the
Department of Industrial Relations to be qualified to bid on, be listed in a bid proposal, or engage in
the performance of any public works contract. Current law requires a contractor or subcontractor to
meet specific conditions to qualify for this registration. Existing law requires the Department of
Industrial Relations to maintain on its internet website a list of contractors that are currently
registered to perform public work. This bill would require awarding authorities to annually submit to
the Department of Industrial Relations’ electronic project registration database a list of ineligible
contractors, as specified, pursuant to local debarment or suspension processes. This bill would require
the department to make the list available to the public through the electronic database.
AB 1594 (Garcia D) Medium- and heavy-duty zero-emission vehicles: public agency utilities.
Last Amend: 9/1/2023
Location: 10/9/2023-A. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Current law establishes the Air Quality Improvement Program that is administered by the
State Air Resources Board for purposes of funding projects related to, among other things, the
reduction of criteria air pollutants and improvement of air quality, and establishes the Medium- and
Heavy-Duty Zero-Emission Vehicle Fleet Purchasing Assistance Program within the Air Quality
Improvement Program to make financing tools and nonfinancial supports available to operators of
medium- and heavy-duty vehicle fleets to enable those operators to transition their fleets to zero-
emission vehicles. This bill would require any state regulation that seeks to require, or otherwise
compel, the procurement of medium- and heavy-duty zero-emission vehicles to authorize public agency
utilities to purchase replacements for traditional utility-specialized vehicles that are at the end of life
when needed to maintain reliable service and respond to major foreseeable events, including severe
weather, wildfires, natural disasters, and physical attacks, as specified. The bill would define a public
agency utility to include a local publicly owned electric utility, a community water system, a water
district, and a wastewater treatment provider, as specified.
SB 319 (McGuire D) Electricity: transmission planning and permitting.
Last Amend: 9/1/2023
Location: 10/7/2023-S. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: On December 23, 2022, the Public Utilities Commission (PUC), State Energy Resources
Conservation and Development Commission (Energy Commission), and Independent System Operator
entered into a memorandum of understanding related to resource and transmission planning,
transmission development and permitting, procurement, and interconnections in order to achieve
reliability and policy needs and to coordinate the timely development of resources, resource
interconnections, and needed transmission infrastructure. This bill would require the Energy
Commission and PUC, in coordination with the Independent System Operator, every 5 years, to review
the memorandum of understanding and a related workplan to ensure the memorandum and workplan
reflect the coordination that is needed to help meet the state’s energy goals.
SB 355 (Eggman D) Multifamily Affordable Housing Solar Roofs Program.
Last Amend: 9/8/2023
Location: 10/7/2023-S. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
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Utilities and
Communications
Legislative Matrix
10.16.23
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Summary: Existing law vests the Public Utilities Commission with regulatory authority over public
utilities, including electrical corporations. Existing law establishes the Multifamily Affordable Housing
Solar Roofs Program. Existing law requires the commission, beginning with the 2016–17 fiscal year and
ending with the 2019–20 fiscal year, to authorize the annual allocation of certain amounts of moneys
for the program. Existing law requires the commission to continue authorizing the allocation of those
moneys through June 30, 2026, if the commission determines that revenues are available and that
there is adequate interest and participation in the program. Existing law requires the commission, as
part of the program, to award monetary incentives for qualifying solar energy systems, as defined,
that are installed on multifamily residential buildings of at least 5 rental housing units that are
operated to provide deed-restricted low-income residential housing, as defined, and that meet one or
more specified requirements, including that at least 80% of the households have incomes at or below
60% of the area median income, through December 31, 2030.This bill would expand those specified
requirements to, among other things, include properties in which at least 66% of the households have
incomes at or below 80% of the area median income, properties owned by a tribe, as defined, and
rental housing properties owned by public housing agencies or authorities, as defined. The bill would
extend the requirement that the commission award monetary incentives for those solar energy
systems through December 31, 2032. If those multifamily residential properties are new construction,
the bill would prohibit using moneys authorized through the program to meet specified regulatory
requirements. The bill would authorize the commission to consider authorizing an advance payment
loan to an eligible project if there is reasonable evidence to suggest that an advance payment loan
would lead to the delivery of a project that would not occur absent the advance payment loan, as
specified. This bill contains other related provisions and other existing laws.
SB 410 (Becker D) Powering Up Californians Act.
Last Amend: 9/11/2023
Location: 10/7/2023-S. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Current law requires the State Energy Resources Conservation and Development
Commission (Energy Commission), in collaboration with the State Air Resources Board, the Public
Utilities Commission (PUC), and other relevant stakeholders, to annually gather from state agencies,
as provided, specified entities’ fleet data for on-road and off-road vehicles in the medium- and heavy-
duty sectors and share that data with electrical corporations to help inform electrical grid planning
efforts, as specified. Current law requires electrical corporations, as part of their distribution planning
processes, to consider that produced fleet data, and other available data, to facilitate the readiness of
their distribution systems to support the state’s anticipated level of electric vehicle charging, as
specified. This bill, the Powering Up Californians Act, would require the PUC to establish, on or before
September 30, 2024, reasonable average and maximum target energization time periods, as defined,
and a procedure for customers to report energization delays to the PUC, as provided. The bill would
require the PUC to require the electrical corporation to take remedial actions necessary to achieve the
PUC’s targets and would require all reports to be publicly available, among other reporting
requirements.
SB 825 (Limón D) Local government: public broadband services.
Location: 9/8/2023-S. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Would add metropolitan planning organizations and regional transportation planning
authorities to that list of local government agencies included in the definition of “local agency.”
Total Measures: 10
Total Tracking Forms: 10
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Utilities and
Communications
Legislative Matrix
10.16.23
Packet Pg. 61
Homelessness Legislative Bill Matrix
10/16/2023
AB 271 (Quirk-Silva D) Homeless death review committees.
Last Amend: 6/26/2023
Status: 9/1/2023-Approved by the Governor. Chaptered by Secretary of State - Chapter 135, Statutes
of 2023.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Would authorize counties to establish a homeless death review committee for the purposes
of gathering information to identify the root causes of death of homeless individuals and to determine
strategies to improve coordination of services for the homeless population. The bill would establish
procedures for the sharing or disclosure of specified information by a homeless death review
committee.
AB 373 (Gipson D) Intersession programs: foster children and homeless youth: priority access.
Last Amend: 9/8/2023
Status: 10/7/2023-Approved by the Governor. Chaptered by Secretary of State - Chapter 327,
Statutes of 2023.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Would require a school district, county office of education, or charter school, if the local
educational agency operates an intersession program, as defined, to grant priority access to foster
children and homeless youth, as provided. The bill would, notwithstanding any other law, provide that
if a foster child or homeless youth will be moving during an intersession period, the pupil's parent,
guardian, educational rights holder, or Indian custodian, as defined, in the case of an Indian child, or, if
there is no parent, guardian, educational rights holder, or Indian custodian, the unaccompanied
homeless youth, as applicable, shall determine which school the pupil attends for the intersession
period, if applicable. This bill contains other related provisions and other existing laws.
AB 531 (Irwin D) The Behavioral Health Infrastructure Bond Act of 2023.
Last Amend: 9/11/2023
Status: 10/12/2023-Approved by the Governor. Chaptered by Secretary of State - Chapter 789,
Statutes of 2023.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Would provide that projects funded by the Behavioral Health Infrastructure Bond Act of
2024 that provide housing for individuals and families who are experiencing homelessness or who are
at risk of homelessness and who are inherently impacted by or at increased risk for medical diseases
or conditions due to the COVID-19 pandemic or other communicable diseases and are disbursed in
accordance with the Multifamily Housing Program, or projects that are disbursed in accordance with the
Behavioral Health Continuum Infrastructure Program, are a use by right and subject to the
streamlined, ministerial review process. The bill would define use by right for these purposes to mean
that the local government’s review of the project does not require a conditional use permit, planned
unit development permit, or other discretionary local government review or approval that would
constitute a project subject to the approval process in CEQA.
AB 663 (Haney D) Pharmacy: mobile units.
Last Amend: 8/21/2023
Status: 10/8/2023-Approved by the Governor. Chaptered by Secretary of State - Chapter 539,
Statutes of 2023.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Current law authorizes a county, city and county, or special hospital authority, as defined,
to operate a mobile unit as an extension of a pharmacy license held by the county, city and county, or
special hospital authority to provide prescription medication within its jurisdiction to specified
individuals, including those individuals without fixed addresses. Current law authorizes a mobile unit to
dispense prescription medication pursuant to a valid prescription if the county, city and county, or
special hospital authority meets prescribed requirements for licensure, staffing, and operations,
including a prohibition on carrying or dispensing controlled substances. The California Uniform
Controlled Substances Act classifies certain controlled substances into Schedules I to V, inclusive. This
bill would instead authorize a county, city and county, or special hospital authority to operate one or
more mobile units as an extension of a pharmacy license held by the county, city and county, or special
hospital authority, as described above. The bill would require the pharmacist-in-charge to determine
the number of mobile units that are appropriate for a particular pharmacy license.
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AB 781 (Maienschein D) Accessibility to emergency information and services: emergency shelters:
persons with pets.
Last Amend: 6/20/2023
Status: 10/7/2023-Approved by the Governor. Chaptered by Secretary of State - Chapter 344,
Statutes of 2023.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The California Emergency Services Act provides that political subdivisions, as defined, have
full power during a local emergency to provide mutual aid to any affected area in accordance with local
ordinances, resolutions, emergency plans, or agreements. Current law defines “emergency plan” for
these purposes to mean official and approved documents that describe the principles and methods to
be applied in carrying out emergency operations or rendering mutual aid during emergencies. Current
law requires that a county send a copy of its emergency plan to the Office of Emergency Services upon
an update to the plan. Upon the next update to a city or county’s emergency plan, this bill would
require a county to update its emergency plan to designate emergency shelters able to accommodate
persons with pets, and would require a city that has previously adopted an emergency plan
designating emergency shelters to update its emergency plan to designate emergency shelters able to
accommodate persons with pets. This bill would require, upon the next update to a city or county’s
emergency plan, whenever a city or county designates any number of emergency shelters that it also
designate at least one emergency shelter that can accommodate persons with pets. This bill would
also require, upon the next update to a city or county’s emergency plan, whenever a city or county
designates any number of cooling centers or warming centers, that it also, to the extent practicable,
designate at least one cooling center or warming center, as applicable, that can accommodate persons
with pets. The bill would require an emergency shelter designated as able to accommodate persons
with pets to be in compliance with safety procedures regarding the sheltering of pets referenced or
established in the component of the state and local emergency plan and applicable disaster assistance
policies and procedures of the Federal Emergency Management Agency.
AB 1285 (Wicks D) Homeless Housing, Assistance, and Prevention program and Encampment Resolution
Funding program.
Last Amend: 8/31/2023
Status: 10/10/2023-Approved by the Governor. Chaptered by Secretary of State - Chapter 727,
Statutes of 2023.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The Homeless Housing, Assistance, and Prevention program is administered by the
California Interagency Council on Homelessness to provide grant funds to cities, continuums of care,
and tribes in 5 rounds to support regional coordination and expand or develop local capacity to
address homelessness challenges informed by a best-practices framework focused on moving
homeless individuals and families into permanent housing and supporting the effort of those
individuals and families to maintain their permanent housing. Current law requires, to be eligible for a
round 5 base program allocation, a jurisdiction that is not a tribe to apply as part of a region and to be
signatory to a regionally coordinated homelessness action plan that has been approved by the council.
Current law requires the regionally coordinated homelessness action plan to include, among other
things, an explanation of how each participating jurisdiction is utilizing local, state, and federal funding
programs to end homelessness. Current law establishes the Encampment Resolution Funding
program, administered by the California Interagency Council on Homelessness, to increase
collaboration between the council, local jurisdictions, and continuums of care for specified purposes.
Existing law requires the council to award moneys pursuant to the program as competitive grants, as
specified, to be used to support encampment resolution and rehousing efforts for local jurisdictions.
Current law requires the council to prioritize funding applicants that demonstrate a commitment to
cross-systems collaboration and innovative efforts to resolve encampment issues or have 50 or more
individuals living in the encampment. This bill would require the above-described regionally coordinated
homelessness action plan to additionally include evidence and an explanation by a continuum of care
that shares geographic boundaries with a city, county, or city and county that is using state funding
allocated pursuant to the Homeless Housing, Assistance, and Prevention program or is receiving state
funding pursuant to the Encampment Resolution Funding program to provide services or housing for
place-based encampment resolution, of collaboration with the city, county, or city and county that
addresses how people served through encampment resolution have or will be included in prioritization
for permanent housing within coordinated entry systems.
AB 1360 (McCarty D) Hope California: Secured Residential Treatment Pilot Program.
Last Amend: 9/1/2023
Status: 10/10/2023-Approved by the Governor. Chaptered by Secretary of State - Chapter 685,
Statutes of 2023.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
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Summary: Would, until July 1, 2029, authorize the Counties of Sacramento and Yolo to offer secured
residential treatment pilot programs, known as Hope California, for individuals suffering from
substance use disorders (SUDs) who have been convicted of qualifying drug-motivated felony crimes,
as specified. The bill would require the program to meet certain conditions relating to, among other
things, a risk, needs, and biopsychosocial assessment, a comprehensive curriculum, a determination by
a judge of the length of treatment, data collection, licensing and monitoring of the facility by the State
Department of Health Care Services, and reporting to the department and the Legislature.
AB 1377 (Friedman D) Homeless Housing, Assistance, and Prevention Program.
Last Amend: 8/31/2023
Status: 10/10/2023-Approved by the Governor. Chaptered by Secretary of State - Chapter 728,
Statutes of 2023.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Current law establishes the Homeless Housing, Assistance, and Prevention program for the
purpose of providing jurisdictions with one-time grant funds to support regional coordination and
expand or develop local capacity to address their immediate homelessness challenges informed by a
best-practices framework focused on moving homeless individuals and families into permanent housing
and supporting the efforts of those individuals and families to maintain their permanent housing.
Current law provides for the allocation of funding under the program among continuums of care, cities,
counties, and tribes in 4 rounds, which are to be administered by the Interagency Council on
Homelessness. This bill would require applications or planning materials for additional state funding
appropriated on or after July 1, 2024, as specified, to include data and a narrative summary of specific
and quantifiable steps that the applicant has taken to improve the delivery of housing and services to
people experiencing homelessness or at risk of homelessness on transit facilities owned and operated
by a transit agency, as defined.
SB 35 (Umberg D) Community Assistance, Recovery, and Empowerment (CARE) Court Program.
Last Amend: 9/8/2023
Status: 9/30/2023-Approved by the Governor. Chaptered by Secretary of State. Chapter 283, Statutes
of 2023.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Would authorize the Community Assistance, Recovery, and Empowerment (CARE) Act
proceedings to be conducted by a superior court judge or by a court-appointed commissioner or other
subordinate judicial officer. The bill would require that there is no fee for filing a petition nor any fees
charged by any public officer for services in filing or serving papers or for the performance of any duty
enjoined by the CARE Act. The bill would authorize that the respondent is entitled to have an
interpreter in all proceedings if necessary for the respondent’s full participation. This bill would require
county behavioral health agencies to provide health information necessary to support findings in the
filings to the court, as specified, and would exempt counties and their employees from civil or criminal
liability for disclosure under these provisions. By increasing the reporting duties on county behavioral
health agencies, this bill would create a state-mandated local program.
SB 43 (Eggman D) Behavioral health.
Last Amend: 9/8/2023
Status: 10/10/2023-Approved by the Governor. Chaptered by Secretary of State. Chapter 637,
Statutes of 2023.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The Lanterman-Petris-Short Act provides for the involuntary commitment and treatment of a
person who is a danger to themselves or others or who is gravely disabled. Current law, for purposes
of involuntary commitment, defines “gravely disabled” as either a condition in which a person, as a
result of a mental health disorder, is unable to provide for their basic personal needs for food, clothing,
or shelter or has been found mentally incompetent, as specified. This bill expands the definition of
“gravely disabled” to also include a condition in which a person, as a result of a severe substance use
disorder, or a co-occurring mental health disorder and a severe substance use disorder, is, in addition
to the basic personal needs described above, unable to provide for their personal safety or necessary
medical care, as defined.
SB 280 (Laird D) Review of conservatorships: care plans.
Last Amend: 8/14/2023
Status: 10/10/2023-Approved by the Governor. Chaptered by Secretary of State. Chapter 705,
Statutes of 2023.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Current law generally provides for the establishment, review, and termination of
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conservatorships. Current law specifies the persons who may be appointed as a conservator and
requires the court to review a conservatorship 6 months after the initial appointment of the
conservator, one year after the appointment of the conservator, and annually thereafter. Current law
sets forth the powers and duties of a conservator for the care, custody, and control of a conservatee.
This bill, commencing January 1, 2025, would require a conservator, within 120 calendar days of
appointment and not later than 10 days before a hearing to determine the continuation or termination
of an existing conservatorship, and to file a care plan regarding the care, custody, and control of the
conservatee. The bill would require delivery of the care plan to specified persons, including the
conservatee and their attorney, but would otherwise make the care plan confidential, except as
specified, thereby limiting public access to the records. The bill would require the Judicial Council to
develop a mandatory form for the care plan, which would be required to include specified information,
including descriptions of the conservatee’s living arrangement and level of care and any plans to
modify those within the next 12 months.
SB 326 (Eggman D) The Behavioral Health Services Act.
Last Amend: 9/8/2023
Status: 10/12/2023-Approved by the Governor. Chaptered by Secretary of State. Chapter 790,
Statutes of 2023.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Would, If approved by the voters at the March 5, 2024, statewide primary election, recast
the Mental Health Services Act (MHSA) by, among other things, renaming it the Behavioral Health
Services Act (BHSA), expanding it to include treatment of substance use disorders, changing the county
planning process, and expanding services for which counties and the state can use funds. The bill
would revise the distribution of MHSA moneys, including allocating up to $36,000,000 to the
department for behavioral health workforce funding. The bill would authorize the department to
require a county to implement specific evidence-based practices. This bill would require a county, for
behavioral health services eligible for reimbursement pursuant to the federal Social Security Act, to
submit the claims for reimbursement to the State Department of Health Care Services (the
department) under specific circumstances. The bill would require counties to pursue reimbursement
through various channels and would authorize the counties to report issues with managed care plans
and insurers to the Department of Managed Health Care or the Department of Insurance.
SB 717 (Stern D) County mental health services.
Last Amend: 9/1/2023
Status: 10/13/2023-Approved by the Governor. Chaptered by Secretary of State. Chapter 883,
Statutes of 2023.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Current law prohibits a person from being tried or adjudged to punishment while that
person is mentally incompetent. If a defendant who has been charged with a misdemeanor has been
determined to be mentally incompetent, existing law authorizes the court to either grant diversion for
a period of one year, refer the defendant to treatment, or dismiss the charge. Te Bronzan-
McCorquodale Act governs the organization and financing of community mental health services for
persons with mental disorders in every county through locally administered and locally controlled
community mental health programs. This bill would require the court to notify an individual of their
ongoing need for mental health services if the individual has been found incompetent to stand trial and
is not receiving court directed services. The bill would require the court to provide the individual with
specified information, including the name, address, and telephone number of the county behavioral
health department.
Total Measures: 13
Total Tracking Forms: 18
Page 4/4
Item 3
Attachment E
Homelessness Legislative
Bill Matrix 10.16.23
Packet Pg. 65
ͳ Lowers the pass threshold from 2/3 to 55% for local
measures for housing or infrastructure funding.
ͳͲCreates right to housing in CA constitution.
ͺ͵Ͷ $25 billion affordable housing bond.
ͳͷAffordable housing bond (amount TBD).
ʹͲMakes it easier for student housing to be approved.
͵ͷͺSpeeds up plan check for community college student housing.
ͳͳͻSchool employee housing funding.
ͳ͵ͲNoise from residents aren’t a CEQA impact.
ͳ͵ͲAllows student housing on all land within 1,000 feet of a college,
no density limit, raises height limit to 40 feet if it was lower.
ͳͲͲPopulation growth & noise from new homes aren’t a CEQA impact.
ʹͲʹ͵
hli
as of October 12, 2023
Contact the Governor at
gov.ca.gov/contact
Requires cities identify places for homeless people to live in their
general plan housing element.
͵ͳ Bans being homeless within 1,000 feet of a park, school, daycare,
or library.
ͻͳ Extends law that streamlines conversions of motels to housing.
ʹʹͳ ̈́ͷͲͲͲ ϐ
house domestic violence survivors.
͵ Allows more low-income households to qualify for CalWORKS
Homeless Assistance housing subsidies.
ͻʹͲBans discrimination based on housing status.
ͳͲͺʹBans towing or booting of vehicles due to unpaid parking tickets.
ͳͲͺͷCA to ask Federal govt to allow Medi-Cal to cover paying for
housing.
ͳʹͳͷGrants to provide pet housing & services at shelters.
ͳʹͺͷPrioritizes homeless people when assigning spots in affordable
housing.
ͳͶ͵ͳPilot program for rent subsidies for homeless, seniors,
unemployed, and other populations at high risk of homelessness.
Ǥ ȀʹͲʹ͵Ǧ ǡ̷ϐ Ǥ ̷̴
ʹʹͷ Fund for preserving affordability in buildings where it is
about to expire.
ͷͻ͵ Replacing housing demolished by San Francisco
Redevelopment as well as preserving affordability in
housing built by Redevelopment.
Ƭ
ʹͲ Allows multiple cities to create a regional
housing fund to build affordable housing.
ʹͺPrioritizes funding for dense urban areas.
͵Ͷͳ Allows affordable housing developers to access
competitive state funding even if the local city is
NIMBY and is out of compliance with state law.
͵Ͷϐ Ǥ
Ͷͺʹ Operating reserves for supportive housing.
ͷͳͷAllow prepayment of loans for housing under
the Multifamily Housing Program.
ͷͳͻConsolidated funding application.
ͷͺLimits loan payment costs for permanent
supportive housing in the No Place Like Home
program.
ͻͲͳAllows creation of Affordable Housing Financing
Districts that uses taxes from that district for
housing.
ͻ͵ͲAllows creation of RISE districts that use taxes
from that district for housing & infrastructure.
ͳͲͷ͵Expands state loan program to cover construction
loans, in addition to regular loans.
ͳ͵ͳͻExpands what BAHFA, the Bay Area Housing
Finance Agency, can do, also exempts its projects
from CEQA.
Ͷ Faster approvals for low income housing on land
owned by colleges or religious organizations.
ͶͲ CEQA exemption for local agencies to spend
money on low & moderate income housing.
Ͷ͵ͻ Allows easier dismissal of lawsuits against
affordable housing.
Ͷͻ Removes local barriers to building affordable
housing for projects receiving tax credit funding.
ͺͷExtends LA affordable housing CEQA exemption.
ͳͶͶͻAffordable housing CEQA exemption.
ͳͶͻͲAdaptive reuse of nonresidential buildings for
low income housing, streamlined approvals and
fee exemptions.
ǣ
ͺͶ Property tax exemptions for land owned by ϐǡ
where tenant income has increased.
Ͷ͵ͲExpands tax exemption for community land trusts.
ͷͺͺ Removes cap on amount of assessed value that
can be exempt from property tax.
ͻʹTax reduction for businesses that provide housing
for low, moderate income, and homeless employees.
ͳͶͻʹAllows a partial tax exemption for mixed income ϐǡ
number of affordable units in the building.
ʹͶͲ Streamlined approvals for housing for formerly
incarcerated individuals on public land.
ͶͺͲPrioritizes affordable housing development
when public lands are sold or leased.
ͷͳͲRequire cities & county to create affordable
housing land trusts, exempts all projects on such
land from CEQA.
ͻͺ͵Makes it easier for a city to sell or lease surplus
land in a downtown revitalization plan area.
ͷͻ Renters tax credit - large increase.
͵ͻͷ Statewide database of evictions.
Ͷ Allows cities to extend rent control to more buildings.
ͶͺTenants can get relocation assistance if building is found
to be substandard, even if it isn’t a legal residential unit.
ͷͶͺAllow inspection of rest of building if major problems
found in one unit.
ͷ Stronger enforcement of statewide cap on rent increases
and protections from unjust evictions.
ͷͻ Renters tax credit - small increase.
ͺͶLimits rent increases in affordable housing.
ͺ͵ Extends 3-day notice to pay rent or move out to 7 days.
ͺͺ ϐ Ǥ
ͳʹͳͺ ϐǤ
ͳͶͳͺBans cities from requiring landlords to evict tenants
alleged criminal behavior, a convicted family member, etc.
ͳʹͲAllows disabled tenants in a rent controlled building to ϐǤ
ͳCommunity land trusts can build and sell ADU, Junior
ADU & house to three separate households.
ͻExtends law that allows ADU even if house is rented.
ͳͲ͵͵Allows cities to allow anyone to buy an ADU separate
from the house.
ͳ͵͵ʹCities & counties to set up system to pre-approve ADU plans.
ͳͳAllows new ADUs to share electric & gas meter with house.
ʹͻͶ ϐͳͳΪǤ
ͶͶͲCan base density bonus on general plan density if it’s higher
than zoning density.
͵Density bonus must meet local inclusionary housing rules.
ͳ͵ ϐ Ǥ
ͺʹͳCan use general plan density if it’s higher than zoning.
ͺ͵ͷIncrease max height for apartment buildings with 1 stair.
ͳʹͺAdditional density bonus if moderate income or additional
very low income units added.
ͷʹͻ Funds shared electric vehicles for affordable housing.
ͳʹ Landlords required to allow bike/scooter parking.
ͺͻͶAllow shared parking (such as residential/commercial) to
count towards parking requirements.
ͳ͵ͲͺNo added parking required for house additions or remodels.
ͳ͵ͳRequires that parking be unbundled from apartment leases ͳΪͳͲ Ǥ
ͳʹ Limits security deposits to 1 month of rent.
ʹ Section 8 tenants can use alteranative to credit score
when applying.
͵ͳʹ Centralized statewide platform for applying for
affordable housing.
ͶͲ͵ Bans discrimination based on caste.
ͶͺͷLandlord must provide applicant copy of credit report in
24 hours.
ͳͳ Rental ads must include all monthly fees as well as any
move-in deposits/fees.
ͷ͵Incentives for landlords to rent to Section 8 voucher users.
ͺͳʹ Cities can set aside 10% of affordable housing as artist
housing in or near a cultural district.
ͺ͵ͳ Intent bill for increased enforcement to stop Section 8
discrimination, as well as banning discrimination against
tenants who only have one eviction.
ͳͲͺ Allows eavesdropping, recording, and intercepting
communications to enforce fair housing laws.
ͻ ϐʹͳʹʹǤ
͵ͻExtends Independent Living Program to cover all foster youth up to age 23.
Ͷͷ Housing for homeless youth or at risk of homelessness.
ͷʹͷHousing supplement payments for foster care homes and families.
ͷͺͻ
ΪƬ Ǥ
ͺ
ϐǤ
ͻ͵Funding housing for 18–25 year olds aging out of foster care.
Ƭ
ͷ No residential gas/electric shutoffs for nonpayment if temp below 32F or above 95F.
ͺ Faster & easier to build near jobs, schools, transit, etc. ϐǡϐǡƬ Ǥ
ͺ͵ Requires electric utility to connect new buildings faster.
ʹͺͳ Requires utility districts to process applications faster.
ͶͳͲ Plan for faster electricity connections & more grid capacity.
ͷͺǦ ǡǡϐǡ Ǥ
ͳͲʹϐ Ǧ Ǥ
ͳͷͲͷ ϐǦǤ
ͳͷͳ Faster approvals for housing in city of Chico.
ͳͶͺͷExpands Attorney General’s ability to
enforce housing laws.
ͳ͵͵Bans cities from delaying housing by
not issuing CEQA exemptions.
ͶͲͷMore public oversight on the process
cities use to identify sites where used
to meet their share of housing goals.
ͷʹͻIncentive to convert or replace
commercial buildings to housing.
ͷ͵ϐ
5 miles of a military installation.
ʹ͵ͻ ϐǣ
ϐǤ
͵ͷExtends the rule that aesthetic ǯ ϐ Ǥ
͵ͻ͵ Discloses who is funding CEQA
lawsuits, also exempts projects
part of a larger approved plan.
Ͷʹ͵ Faster approvals in cities &
counties that haven’t built enough.
ͶͷͲ Faster approvals and fewer restrictions
on SB9 duplex and lot splits.
ͺͶFaster approvals for projects with up to 10 homes.
͵ Makes easier & speeds up building
permit process.
ͻͶ Resolves CEQA appeals for most big projects
in 1 year, also discloses who is funding CEQA
appeal lawsuits.
ͻͺ̈́ͷͲͲǡͲͲͲϐ
CEQA appeal lawsuit against housing.
ͳͳͳͶBans rejecting building permits for
housing that complies with the building
code. Only San Francisco does this.
ͳͷ͵ʹFaster approvals & lower fees for ϐ Ǥ
͵ʹ͵
ϐ
ownership units in a mixed-income development.
ͷʹLimits HOA fee increases to 5%/year for affordable ownership units.
ͳ ϐǤ
ͻͳͻ
ƬϐǤ
ͳͲͶ͵Rules to protect homeowners from shady foreclosure consultants.
ͳͷͲͺ ϐǦǤ
ͶʹͺCreates CA Dept. of Re-Entry, with individualized re-entry plans.
ͶͲǣ ǯ Ǥ
background check, but must give chance to explain before rejecting.
ͶͷCreates Re-Entry Housing and Workforce Development Program.
Ǧ
Ȁ
Ȁ
ͷͲͲ ϐǤ
ʹʹ Increases max width for mobilehomes by 8 inches.
Ͷʹ Temp dwellings under 250 sq ft don’t need sprinklers.
͵ͳͺExtends law protecting mobilehome residents from 2024 to 2027.
͵ͳͻ ϐ
park inspectors.
ʹͲ Easier to open campsite for up to 9 RV’s or shelters.
͵Ͷ Faster approval for portable housing.
ͳͲ͵ͷ ϐΪ͵ΨͷΨǡ Ǥ
ͳ͵͵ͶNo fees required for mobilehome park to expand by up to 10%.
ͷͶ District ag associations can build & run affordable housing
ͳͶ͵ͻIncrease priority for farmworker housing for housing funding.
ͳͺ Funding for Native American Tribes to build housing.
͵ͳϐǤ
ͷ͵ͳ$6.38 billion bond for veterans housing & others
who are homeless.
ͺͳ Expands property tax exemption for veterans.
ͳͲͳͶExpands property tax exemption for disabled
veterans and unmarried surviving spouses.
ͳ͵ͺMore options for veterans moving into income-
restricted affordable housing.
ͳ Prioritizes affordable housing funds for senior housing.
͵ Subsidies for seniors & adults with disabilities.
ͺ͵ͻϐ Ǥ
͵ͲͻCreates framework for social housing agency.
ͷͷͷ Sets goal to build low & moderate income homes.
ͷͺͶTaxes short term rentals (Airbnb) to fund low
and moderate income housing.
ͳͳAllows new ADUs to share electric & gas meter with house.
ͷͶ District ag associations can build & run affordable housing
Prioritizes affordable housing funds for senior housing.
ͳͺ Funding for Native American Tribes to build housing.
͵ͳϐǤ
ͷͻ Renters tax credit - small increase.
ͺͶLimits rent increases in affordable housing.
ͺ͵ Extends 3-day notice to pay rent or move out to 7 days.
ͺͺ ϐ Ǥ
ͷͻ Renters tax credit - large increase.
͵ͻͷ Statewide database of evictions.
Ͷ Allows cities to extend rent control to more buildings.
ͶͺTenants can get relocation assistance if building is found
to be substandard, even if it isn’t a legal residential unit.
ʹʹ Increases max width for mobilehomes by 8 inches.
ͻ ϐʹͳʹʹǤ
͵ͻExtends Independent Living Program to cover all foster youth up to age 23.
Ͷͷ Housing for homeless youth or at risk of homelessness.
ͷʹͷHousing supplement payments for foster care homes and families.
ͷͺͻ
ΪƬ Ǥ
ͺ
ϐǤ
ͻ͵Funding housing for 18–25 year olds aging out of foster care.
ʹͲ Easier to open campsite for up to 9 RV’s or shelters.
͵Ͷ Faster approval for portable housing.
ͳͲ͵ͷ ϐΪ͵ΨͷΨǡ Ǥ
ͳ͵͵ͶNo fees required for mobilehome park to expand by up to 10%.
Ͷ͵ͲExpands tax exemption for community land trusts.
ͷͺͺ Removes cap on amount of assessed value that
can be exempt from property tax.
ͻʹTax reduction for businesses that provide housing
for low, moderate income, and homeless employees.
ͳͶͻʹAllows a partial tax exemption for mixed income ϐǡ
number of affordable units in the building.
ʹͺPrioritizes funding for dense urban areas.
ͷͳͷAllow prepayment of loans for housing under
the Multifamily Housing Program.
ͷͺLimits loan payment costs for permanent
supportive housing in the No Place Like Home
program.
ͻͲͳAllows creation of Affordable Housing Financing
Districts that uses taxes from that district for
housing.
ͻ͵ͲAllows creation of RISE districts that use taxes
from that district for housing & infrastructure.
ͳͲͷ͵Expands state loan program to cover construction
loans, in addition to regular loans.
ʹʹͷ Fund for preserving affordability in buildings where it is
about to expire.
Taxes short term rentals (Airbnb) to fund low
and moderate income housing.
Creates framework for social housing agency.
Subsidies for seniors & adults with disabilities.
ͶͺͷLandlord must provide applicant copy of credit report in
24 hours.
ͳͳ Rental ads must include all monthly fees as well as any
move-in deposits/fees.
͵ͳʹ Centralized statewide platform for applying for
affordable housing.
ͶͲ͵ Bans discrimination based on caste.
ͷ͵Incentives for landlords to rent to Section 8 voucher users.
housing in or near a cultural district.
ͺ͵ͳ Intent bill for increased enforcement to stop Section 8
discrimination, as well as banning discrimination against
tenants who only have one eviction.
ͳͲͺ Allows eavesdropping, recording, and intercepting
communications to enforce fair housing laws.
Requires cities identify places for homeless people to live in their
general plan housing element.
͵ͳ Bans being homeless within 1,000 feet of a park, school, daycare,
or library.
ʹʹͳ ̈́ͷͲͲͲ ϐ
house domestic violence survivors.
͵ Allows more low-income households to qualify for CalWORKS
Homeless Assistance housing subsidies.
ͻʹͲBans discrimination based on housing status.
ͳͲͺʹBans towing or booting of vehicles due to unpaid parking tickets.
ͳͲͺͷCA to ask Federal govt to allow Medi-Cal to cover paying for
housing.
ͳʹͳͷGrants to provide pet housing & services at shelters.
ͳͶ͵ͳPilot program for rent subsidies for homeless, seniors,
unemployed, and other populations at high risk of homelessness.
ͳ ϐǤ
ͻͳͻ
ƬϐǤ
ͳͲͶ͵Rules to protect homeowners from shady foreclosure consultants.
ͷ No residential gas/electric shutoffs for nonpayment if temp below 32F or above 95F.
ͺ Faster & easier to build near jobs, schools, transit, etc. ϐǡϐǡƬ Ǥ
ͺ͵ Requires electric utility to connect new buildings faster.
ͷͺǦ ǡǡϐǡ Ǥ
ͳͲʹϐ Ǧ Ǥ
ʹͻͶ ϐͳͳΪǤ
ͶͶͲCan base density bonus on general plan density if it’s higher
than zoning density.
͵Density bonus must meet local inclusionary housing rules.
ͷʹͻ Funds shared electric vehicles for affordable housing.
ʹ͵ͻ ϐǣ
ϐǤ
ͶͷͲ Faster approvals and fewer restrictions
on SB9 duplex and lot splits.
͵ͻ͵ Discloses who is funding CEQA
lawsuits, also exempts projects
part of a larger approved plan.
͵ Makes easier & speeds up building
permit process.
ͻͶ Resolves CEQA appeals for most big projects
in 1 year, also discloses who is funding CEQA
appeal lawsuits.
ͻͺ̈́ͷͲͲǡͲͲͲϐ
CEQA appeal lawsuit against housing.
ͳͷ͵ʹFaster approvals & lower fees for ϐ Ǥ
ͳͷͲͷ ϐǦǤ
ͳͷͳ Faster approvals for housing in city of Chico.
ͷͳͲRequire cities & county to create affordable
housing land trusts, exempts all projects on such
land from CEQA.
ͻͺ͵Makes it easier for a city to sell or lease surplus
land in a downtown revitalization plan area.
ͳͲCreates right to housing in CA constitution.
ͺ͵Ͷ $25 billion affordable housing bond.
ͳͷAffordable housing bond (amount TBD).
ͶʹͺCreates CA Dept. of Re-Entry, with individualized re-entry plans.
ͶͲǣ ǯ Ǥ
background check, but must give chance to explain before rejecting.
ͶͷCreates Re-Entry Housing and Workforce Development Program.
Ǧ
ͳͳͻSchool employee housing funding.
ʹͲMakes it easier for student housing to be approved.
ͳ͵ͲAllows student housing on all land within 1,000 feet of a college,
no density limit, raises height limit to 40 feet if it was lower.
ͳͲͲPopulation growth & noise from new homes aren’t a CEQA impact.
ͷͲͲ ϐǤ
ͺͳ Expands property tax exemption for veterans.
ͳͲͳͶExpands property tax exemption for disabled
veterans and unmarried surviving spouses.
Ͷ Faster approvals for low income housing on land
owned by colleges or religious organizations.
ͶͲ CEQA exemption for local agencies to spend
money on low & moderate income housing.
Ͷ͵ͻ Allows easier dismissal of lawsuits against
affordable housing.
Ͷͻ Removes local barriers to building affordable
housing for projects receiving tax credit funding.
ͺͷExtends LA affordable housing CEQA exemption.
ͳͶͶͻAffordable housing CEQA exemption.
ͳͶͻͲAdaptive reuse of nonresidential buildings for
low income housing, streamlined approvals and
fee exemptions.
ʹͲ Allows multiple cities to create a regional
housing fund to build affordable housing.
ͺͶ Property tax exemptions for land owned by ϐǡ
where tenant income has increased.
ͳ Lowers the pass threshold from 2/3 to 55% for local
measures for housing or infrastructure funding.
ʹͶͲ Streamlined approvals for housing for formerly
incarcerated individuals on public land.
ͶͺͲPrioritizes affordable housing development
when public lands are sold or leased.
ͳCommunity land trusts can build and sell ADU, Junior
ADU & house to three separate households.
ͻExtends law that allows ADU even if house is rented.
ͳͲ͵͵Allows cities to allow anyone to buy an ADU separate
from the house.
ͳ͵͵ʹCities & counties to set up system to pre-approve ADU plans.
ͳ͵ ϐ Ǥ
ͺʹͳCan use general plan density if it’s higher than zoning.
ͺ͵ͷIncrease max height for apartment buildings with 1 stair.
ͳʹͺAdditional density bonus if moderate income or additional
very low income units added.
ͳʹ Landlords required to allow bike/scooter parking.
ͺͻͶAllow shared parking (such as residential/commercial) to
count towards parking requirements.
ͳ͵ͲͺNo added parking required for house additions or remodels.
ͳ͵ͳRequires that parking be unbundled from apartment leases
ͷͳͻConsolidated funding application.
͵Ͷͳ Allows affordable housing developers to access
competitive state funding even if the local city is
NIMBY and is out of compliance with state law.
͵Ͷϐ Ǥ
Ͷͺʹ Operating reserves for supportive housing.Operating reserves for supportive housing.
ε
͵ͷExtends the rule that aesthetic ǯ ϐ Ǥ
Ͷʹ͵ Faster approvals in cities &
counties that haven’t built enough.
ͺͶFaster approvals for projects with up to 10 homes.
on SB9 duplex and lot splits.
ͳͳͳͶBans rejecting building permits for
housing that complies with the building
code. Only San Francisco does this.
͵ʹ͵
ϐ
ownership units in a mixed-income development.
ͷʹLimits HOA fee increases to 5%/year for affordable ownership units.
ͳͷͲͺ ϐǦǤ
ͻͳ Extends law that streamlines conversions of motels to housing.Extends law that streamlines conversions of motels to housing.
ͳʹ Limits security deposits to 1 month of rent.
ʹ Section 8 tenants can use alteranative to credit score
when applying.
ͷͶͺAllow inspection of rest of building if major problems
found in one unit.
ͷ Stronger enforcement of statewide cap on rent increases
and protections from unjust evictions.
ͳʹͳͺ ϐǤ
ͳͶͳͺBans cities from requiring landlords to evict tenants
alleged criminal behavior, a convicted family member, etc.
ͳʹͲAllows disabled tenants in a rent controlled building to ϐǤ
Ͷʹ Temp dwellings under 250 sq ft don’t need sprinklers.
͵ͳͺExtends law protecting mobilehome residents from 2024 to 2027.
͵ͳͻ ϐ
park inspectors.
Increases max width for mobilehomes by 8 inches.
park inspectors.
ͳͶ͵ͻIncrease priority for farmworker housing for housing funding.
ϐ Ǥ
ͷ͵ͳ$6.38 billion bond for veterans housing & others
who are homeless.
Sets goal to build low & moderate income homes.
Taxes short term rentals (Airbnb) to fund low
Creates framework for social housing agency.
ͷͻ͵ Replacing housing demolished by San Francisco
Redevelopment as well as preserving affordability in
housing built by Redevelopment.
ͳ͵ͺMore options for veterans moving into income-
restricted affordable housing.
ͳ͵ͳͻExpands what BAHFA, the Bay Area Housing
Finance Agency, can do, also exempts its projects
from CEQA.
ͺͳʹ Cities can set aside 10% of affordable housing as artist
housing in or near a cultural district.
ͳʹͺͷPrioritizes homeless people when assigning spots in affordable
housing.
ͳͶͺͷExpands Attorney General’s ability to
enforce housing laws.
ͳ͵͵Bans cities from delaying housing by
not issuing CEQA exemptions.
ʹͺͳ Requires utility districts to process applications faster.
ͶͳͲ Plan for faster electricity connections & more grid capacity.
Requires electric utility to connect new buildings faster.
Plan for faster electricity connections & more grid capacity.
ͳ͵ͲNoise from residents aren’t a CEQA impact.
Makes it easier for student housing to be approved.
͵ͷͺSpeeds up plan check for community college student housing.
Makes it easier for student housing to be approved.
Item 3
Attachment F Alfred Twu CA-
housing-bills-20231012
Packet Pg. 66
November 1, 2023
2023 Legislative Summary
California’s New Land Use and Housing Bills
Chaptered (Signed into Law)
SB-684 Land Use – Streamlined Approval Processes: Development Projects of
10 or Fewer Residential Units on Urban Lots Under 5 Acres
Full Bill Text: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB684
Local Action Required: Yes
Summary of Legislative Counsel's Digest:
» The bill streamlines the approval process for specific types of housing development projects
by making it a ministerial task, thereby bypassing discretionary review or hearings. Such
projects must result in 10 or fewer parcels, contain 10 or fewer residential units, meet specific
size and density criteria, and be located on a lot zoned for multifamily residential development
no larger than 5 acres and substantially surrounded by qualified urban uses.
» The bill requires cities to allow up to the "Mullin" densities specified by the Government
Code, but also requires projects to provide the number of projected units (market -rate and
BMR) for sites identified in a housing element or the maximum number of units allowed by
the General Plan if not identified in a housing element.
» The bill sets specific timelines for local agencies to approve or deny applications for such
projects. Failure to act within 60 days would result in automatic approval. If denied, the
agency must provide written feedback within 60 days on how to remedy the application.
» The bill constrains local agencies to impose objective zoning, subdivision, or design
standards on such projects.
» The bill also addresses the issuance of building permits for these projects, outlining the
conditions under which a permit would be granted prior to final map recordation.
» The bill states that local agencies are not required to permit accessory or junior accessory
dwelling units on parcels created under this bill's provisions.
» Existing provisions regarding SB-9 urban lot splits and two-unit housing developments would
not apply to sites exercising the provision of this bill.
»The bill does not apply to sites located within a single-family residential horsekeeping zone
designated in a master plan, adopted before January 1, 1994, given certain conditions.
» By establishing a streamlined, ministerial approval process, the bill would expand CEQA
exemptions for housing developments under this bill.
» All provisions will be operative on July 1, 2024, except for the exem ption related to
horsekeeping zones, which becomes operative on January 1, 2024.
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SB-423 Land Use – Streamlined Housing Approvals: Multifamily Housing
Developments [SB-35 Expansion/Extension]
Full Bill Text: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB423
Local Action Required: Yes
Summary of Legislative Counsel's Digest:
» The bill extends the "SB-35" approval process for multifamily housing to January 1, 2036.
Additionally, it authorizes the Department of General Services to act as the approving entity
for projects on state-owned or leased land, replacing the role typically played by local
governments.
» For developments located in census tracts designated as moderate or low resource areas or
areas of high segregation and poverty (per the CTCAC/HCD Opportunity Area Maps), the bill
mandates that local governments must hold a public meeting within 45 days after receiving
a notice of intent. This meeting serves to collect comments from the public and the local
government on the proposed development for use by the applicant.
» The bill modifies the existing objective planning standards by revising the criteria for
developments in coastal zones and high fire risk areas and prohibits local governments
from requiring compliance with standards for post-entitlement permits that do not pertain
directly to the project's conformity with existing objective planning standards.
» The bill replaces the existing labor requirements with new standards. Development
proponents must now certify to local governments that they will meet certain wage and
labor standards, which include paying all construction workers at least the general
prevailing rate of wages.
» The bill introduces an alternative definition for "affordable rent" that appli es to
developments where 100% of the units are dedicated to lower-income households.
» The bill shifts the decision-making responsibility for approving developments from the local
government as a whole to the planning director or equivalent position. It also mandates
that all departments involved in the development approval process must adhere to the
streamlined approval requirements within specific time frames.
SB-4 Planning and Zoning: Housing Development: Higher Education
Institutions and Religious Institutions
Full Bill Text: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB4
Local Action Required: Yes
Summary of Legislative Counsel's Digest:
» The bill allows housing development projects to be "use by right" on land owned by
independent higher education or religious institutions as of January 1, 2024, given certain
conditions. Among other criteria, 100% of the units (exclusive of manager units) mus t be
affordable to lower-income households, with allowances for 20% moderate-income and 5%
staff units. Ancillary ground-floor uses are also permitted.
» Housing projects eligible for "use by right" status can also qualify for density bonuses,
incentives, and other concessions, including reduced parking standards. No additional
parking requirements can be imposed if the development is within half a mile of high -quality
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public transit or one block from a car-share vehicle.
» Local governments must provide written documentation outlining conflicts with objective
planning standards within a specified timeframe. Failure to do so deems the project
compliant. Design reviews can only focus on streamlined, ministerial review criteria and
cannot inhibit or preclude such streamlined approval.
» The bill would extend the CEQA exemption for ministerial project approvals. The provisions
of this bill are set to expire on January 1, 2036.
SB-713 Planning and Zoning – Density Bonuses: Development Standards
Full Bill Text: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB713
Local Action Required: Yes
Summary of Legislative Counsel's Digest:
» The bill expands the definition of "development standard" under the Density Bonus Law to
include standards adopted by the local government or enacted through local electorate
initiative or referendum power. This encompasses powers derived from the California
Constitution, statute, or local charter or ordinances.
» The change aims to explicitly include standards enacted through local electorate actions,
thereby ensuring comprehensive coverage of what constitutes a "development standard"
under the Density Bonus Law.
AB-821 Planning and Zoning – General Plan: Zoning Ordinance: Conflicts
Full Bill Text: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB821
Local Action Required: Maybe
Summary of Legislative Counsel's Digest:
» The bill requires that if a zoning ordinance becomes inconsistent with a general plan due to
an amendment, the local agency must amend the zoning ordinance within 180 days or
proceed with a development application that is consistent with the general plan. Failure to
amend the zoning ordinance within this timeframe obligates the agency to process the
development application.
» If the local agency does not amend the zoning ordinance within 180 days, residents or
property owners can bring legal action to enforce compliance. Legal action is possible after
an additional 90-day period. A proposed development is deemed consistent with the general
plan if substantial evidence supports its alignment, even if it conflicts with zoning.
AB-1490 Affordable Housing Development Projects: Adaptive Reuse
Full Bill Text: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1490
Local Action Required: Maybe
Summary of Legislative Counsel's Digest:
» The bill expands the scope of allowable housing developments to include "extremely
affordable adaptive reuse projects" on infill parcels, provided they do not adjoin industrial
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sites occupying more than one-third of the square footage. These projects involve retrofitting
existing residential or commercial buildings and must meet specific affordability requirements,
such as 100% of the units being for lower-income households.
» Local agencies are authorized to impose objective design review standards on these
projects, but may only deny them if they adjoin any industrial site and pose a verified public
health and safety risk.
» For the purposes of the Housing Accountability Act, a proposed adaptive reuse project is
deemed consistent, compliant, and in conformity with existing plans and policies if it meets
the standards outlined in the bill. Local agencies are required to assess project compliance
within specified timeframes.
»The bill mandates that local funding sources for affordable housing must include adaptive
reuse as an eligible project type. It also prohibits agencies from excluding development
proposals that employ an adaptive reuse model solely based on that criterion.
AB-529 Adaptive Reuse Projects
Full Bill Text: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB529
Local Action Required: No
Summary of Legislative Counsel's Digest:
» The bill expands the definition of "prohousing local policies" to include the converting or
redeveloping commercial properties into housing. This includes the adoption of adaptive reuse
ordinances or other mechanisms that reduce barriers for such conversions.
» A working group is mandated to be convened by the Department of Housing and Community
Development no later than December 31, 2024. This group will identify challenges and
opportunities related to the creation and promotion of adaptive reuse residential projects,
including potential amendments to state building standards.
» The Department of Housing and Community Development is required to report its findings
to the Legislature by December 31, 2025. If the report recommends amendments to
building standards, the department and other state agencies in the working group must
research, develop, and consider proposing adaptive reuse building standards for adoption
by the California Building Standards Commission.
» The bill includes additional changes to Section 65589.9 of the Government Code, which will
be operative only if both this bill and SB 341 are enacted, and this bill is enacted last.
AB-1033 Accessory Dwelling Units – Local Ordinances: Separate Sale or
Conveyance
Full Bill Text: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1033
Local Action Required: No
Summary of Legislative Counsel's Digest:
» The bill modifies existing law by granting local agencies the authority to adopt ordinances
that permit the primary dwelling unit and any accessory dwelling units on the same property
to be sold or conveyed separately as condominiums, along with making necessary conforming
changes to existing legislation to accommodate this new option.
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AB-1449 Affordable Housing – California Environmental Quality Act: Exemption
Full Bill Text: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1449
Local Action Required: No
Summary of Legislative Counsel's Digest:
» The bill exempts certain actions related to 100% affordable (lower income) housing projects
from the California Environmental Quality Act (CEQA) requirements until January 1, 2033,
provided specific criteria are met, including any action to facilitate those actions such as
rezoning, specific plan amendments, or general plan amendments required for constructing
of an affordable housing project
» If a lead agency determines that an action related to an affordable housing project is exempt
from CEQA and approves or carries out the project, the agency is required to file a notice of
exemption with the Office of Planning and Research and the county clerk of each county
where the project is located.
SB-406 California Environmental Quality Act – Exemption: Financial
Assistance: Residential Housing
Full Bill Text: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240SB406
Local Action Required: No
Summary of Legislative Counsel's Digest:
» CEQA exempts actions by the Department of Housing and Community Development and the
California Housing Finance Agency for financial assistance or insurance for housing
development. This bill extends these exemptions to local agencies not as the lead agency,
enabling them to provide financial support or insurance for residential housing without CEQA
requirements.
» The extension aims to streamline the provision of financial aid or insurance for residential
housing projects by including local agencies within the scope of the existing CEQA
exemptions.
AB-519 Affordable Housing Finance Workgroup – Affordable Housing:
Consolidated Application and Coordinated Review Process
Full Bill Text: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB519
Local Action Required: No
Summary of Legislative Counsel's Digest:
» The bill mandates the formation of an Affordable Housing Finance Workgroup, comprised of
key state housing entities, nonprofit and for-profit developers, and local and tribal
governments. This workgroup is tasked with developing a unified application and review
process for affordable housing developers seeking various types of financial support.
» The workgroup is required to identify state-administered programs that could benefit from
a consolidated application and coordinated review process, along with a timeline for the
development of such systems.
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» By July 1, 2026, the workgroup must report its recommendations for implementing the
consolidated application and coordinated review process to the reviewing entities, the
Legislature, and specific legislative committees.
» Following the workgroup's recommendations, the reviewing entities are obligated to develop
and present a plan to the Legislature by January 1, 2027, outlining updates to state -
administered programs based on the workgroup's suggestions.
SB-567 Termination of Tenancy – No-Fault Just Causes: Gross Rental Rate
Increases
Full Bill Text: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB567
Local Action Required: No
Summary of Legislative Counsel's Digest:
» The bill tightens the conditions for "no-fault just cause" evictions, requiring property owners
or their immediate family to occupy the property as their primary residence for at least 12
continuous months if they intend to evict for personal occupancy. It also prescribes conditions
for withdrawal of property from the rental market.
» For evictions related to substantial remodels or demolitions, the bill mandates that owners
provide tenants with written notice detailing the work to be done, the expected duration,
and copies of necessary permits.
» The bill introduces new enforcement mechanisms, making property owners liable in civil
actions for up to three times the actual damages, plus punitive damages, for material
violations of these new eviction conditions. The Att orney General, city attorney, or county
counsel can also bring actions for injunctive relief against offending owners.
» The bill extends existing rent control provisions, making owners liable in civil actions for
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demanding or receiving rent in excess of the maximum allowable increase. It also grants
enforcement powers to the Attorney General and local legal authorities, with the bill's
provisions to become effective on April 1, 2024.
AB-12 Tenancy: Security Deposits
Full Bill Text: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB12
Local Action Required: Maybe
Summary of Legislative Counsel's Digest:
» The bill changes existing law regarding the maximum security deposit a landlord can demand
for a residential property rental agreement. Starting July 1, 2024, landlords would be
prohibited from demanding a security deposit greater than one month's rent, whether the
property is furnished or unfurnished. This is in addition to any rent for the first month paid
upon initial occupancy.
» The bill makes an exception for landlords who are natural persons or part of a limited liability
corporation with all-natural person members, and who own no more than two residential
properties with a total of no more than four dwelling units. In these cases, unless the
prospective tenant is a service member, the maximum allowable security deposit would be
two months' rent, in addition to any rent for the first month.
AB-1764 Housing Omnibus
Full Bill Text: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB1764
Local Action Required: No
Summary of Legislative Counsel's Digest:
» The bill adds housing authorities and community development commissions to the list of
entities that can directly finance or subsidize limited-equity housing cooperatives and
workforce housing cooperative trusts. This aims to expand funding options for such
cooperatives.
» Landlords and rental applicants are given the option to agree on delivering receipts for
application fees via email. This change provides more flexibility and convenience in the rental
application process.
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» Homeowner associations are now required to apply the same disqualification criteria to both
board nominees and existing board directors. For example, if a nominee is disqualified for
past criminal convictions, existing directors must meet the same criteria. Additionally,
nominees who have served the maximum number of terms must now be disqualified,
tightening the rules around board governance.
» The definition of "assisted housing development" is expanded to include programs under the
federal Cranston-Gonzalez National Affordable Housing Act and the Housing Act of 1949. Also,
local rental housing subsidy programs now include those operated by the County of Los
Angeles, broadening the scope of eligible programs for housing assistance.
» Various reports and plans that the Department of Housing and Community Development is
currently required to submit to different entities will be consolidated into the department’s
annual report. This is aimed at streamlining the reporting process.
AB-1474 California Statewide Housing Plan
Full Bill Text: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB1474
Local Action Required: No
Summary of Legislative Counsel's Digest:
» The bill amends the California Statewide Housing Plan to include veterans as a specific
population group that should be considered in the state's housing strategy.
» In developing this housing strategy, the bill mandates that the department consult with the
Department of Veterans Affairs, along with existing entities like the California Department of
Aging and the State Department of Social Services. This aims to ensure that the housing
needs of veterans are adequately addressed.
SB-341 Housing development
Full Bill Text: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB341
Local Action Required: No
Summary of Legislative Counsel's Digest:
» The bill modifies the Infill Infrastructure Grant Program of 2019 to specify that additional
points should only be awarded for the "qualifying infill area" part of the program.
» It adds the "qualifying infill area" and "catalytic qualifying infill area" components of the Infill
Infrastructure Grant Program of 2019 to the list of state programs eligible for additional points
or preference.
» Should this bill and AB 529 both be enacted, additional changes to Section 65589.9 of the
Government Code will become operative, but only if this bill is enacted last. Similarly, if this
bill and AB 1764 are both enacted, further changes to Section 53559 of the Health and Safety
Code will take effect, again only if this bill is enacted last.
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