HomeMy WebLinkAboutBOARD STANDING COMMITTEES - 04112022 - Legislation Cte Agenda PktLEGISLATION COMMITTEE
April 11, 2022
1:00 P.M.
To slow the spread of COVID-19, in lieu of a public gathering, the meeting will be accessible
via Zoom to all members of the public as permitted by Government Code section 54953(e).
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Supervisor Diane Burgis, Chair
Supervisor Karen Mitchoff, Vice Chair
Agenda Items:Items may be taken out of order based on the business of the day and preference of the Committee
1.Introductions
2.Public comment on any item under the jurisdiction of the Committee and not on this agenda (speakers may be limited
to three minutes ).
3.RECEIVE and APPROVE the Record of Action for the March 14, 2022 meeting of the Legislation
Committee, with any necessary corrections.
4.ACCEPT the report on matters related to the FY 2022-23 State Budget and Legislation of Interest to the
County, and provide direction to staff and the County's state lobbyists.
5.CONSIDER finding SB 847 (Hurtado) COVID 19 Relief: Tenancy: Grant Program consistent with the
Board's adopted FY 2021-22 State Legislative Platform.
6.CONSIDER providing a recommendation to the Board of Supervisors of "Oppose Unless Amended" on AB
2295 (Bloom) Local educational agencies: Housing Development Project as recommended by the Director of
Conservation and Development.
7.The next meeting is currently scheduled for May 9, 2022 at 1:00 p.m.
8.Adjourn
The Legislation Committee will provide reasonable accommodations for persons with disabilities planning to attend Legislation
Committee meetings. Contact the staff person listed below at least 72 hours before the meeting.
Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the County to a
majority of members of the Legislation Committee less than 96 hours prior to that meeting are available for public inspection at
1025 Escobar St., 4th Floor, Martinez, during normal business hours.
Public comment may be submitted via electronic mail on agenda items at least one full work day prior to the published meeting
time.
For Additional Information Contact:
Lara DeLaney, Committee Staff
Phone (925) 655-2057, Fax (925) 655-2066
lara.delaney@cao.cccounty.us
Page 1 of 60
LEGISLATION COMMITTEE 3.
Meeting Date:04/11/2022
Subject:Record of Action for Legislation Committee Meeting
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2022-01
Referral Name: Record of Action
Presenter: L. DeLaney Contact: L. DeLaney, 925-655-2057
Referral History:
County Ordinance requires that each County body keep a record of its meetings. Though the record need not be verbatim, it
must accurately reflect the agenda and the discussions made in the meetings.
Referral Update:
Attached for the Committee's consideration is the draft Record of Action for its March 14, 2022 meeting.
Recommendation(s)/Next Step(s):
Staff recommends approval of the Record of Action for the March 14, 2022 meeting.
Attachments
DRAFT Record of Action
Page 2 of 60
D R A F T
LEGISLATION COMMITTEE
RECORD OF ACTION FOR
March 14, 2022
Supervisor Diane Burgis, Chair
Supervisor Karen Mitchoff, Vice Chair
Present: Diane Burgis, Chair
Karen Mitchoff, Vice Chair
Staff Present:Lara DeLaney, Senior Deputy County Administrator, staff to Committee; Chris
Wickler, Field Representative, District IV; Christy Saxton, Director, Health, Housing,
Homeless Services Division of HSD; Daniel Peddycord, Climate and Health Policy
Officer; Jennifer Quallick, Field Representative, District II; Jill Ray, Field
Representative, District II; John Cunningham, Principal Planner, DCD; Julie Enea,
Senior Deputy County Administrator, CAO's office; Kim McCarl, PIO, CCHS; Luz
Raygoza-Gonzalez, ASA III, EHSD; Monica Nino, County Administrator; Sonia
Bustamante, Chief of Staff, District I; Will Nelson, Principal Planner, DCD
Attendees:Bill Walker; Aimee Filipas; James Gross, Michelle Rubalcava; Amy McKeon; Greg
Burns; Allison; Donya; Fallon; Jim McKeon; Katharine Mason; Lauren McCabe
Herpich; Mae Lum; Paul Schlesinger; Rachael Blucher; Robb McSorley; S Blair;
Stefania Pisanu; Tess Schirmer; Vince Stark; additional public attendees
1.Introductions
Chair Burgis called the meeting to order at 1:02 p.m., introducing herself and Vice Chair
Mitchoff.
2.Public comment on any item under the jurisdiction of the Committee and not on this agenda (speakers
may be limited to three minutes).
No public comment was made to the Committee.
3.Staff recommends approval of the Record of Action for the February 14, 2022 meeting.
The Record of Action for the February 14, 2022 meeting was approved as presented.
AYE: Chair Diane Burgis
Vice Chair Karen Mitchoff
4.ACCEPT the report and provide direction and/or input to staff and the County's state lobbyists, as needed.
Page 3 of 60
Staff and the County's state advocates provided a recap of the report and indicated that a CARE Court
stakeholders meeting was held that morning; slides would be provided to the County.
AYE: Chair Diane Burgis
Vice Chair Karen Mitchoff
5.CONSIDER recommending a position to the Board of Supervisors on SB 871 (Pan) and directing staff to
place the item on a Board of Supervisors agenda for consideration.
The County's Health Officer, Dr. Ori Tzvieli, requested that the Committee not take a position on the bill
at this time, noting that more time was needed to look at the science particularly as more vaccines were
under development potentially offering longer lasting protection against COVID-19 and its variants. Vice
Chair Mitchoff inquired as to how much more time would be needed to evaluate the scientific data to
which Dr. Tzvieli responded about six months. Vice Chair Mitchoff noted the legislature would be out of
session in six months. She noted she was not willing to oppose the bill but preferred that the bill be
referred to the full Board of Supervisors with no recommendation from the Committee. She directed staff
to send the bill to the Board after it was heard by the Senate Health Committee. Dr. Tzvieli also noted
there were active discussions on the bill with other Bay Area health officers. Several members of the
public spoke in opposition to the bill, indicating that although they weren't "anti-vax," it was creating
anxiety for them.
AYE: Chair Diane Burgis
Vice Chair Karen Mitchoff
6.CONSIDER recommending a position of "Support" on AB 2094 (Rivas/ Quirk-Silva) General Plan: Annual
Report: Extremely-Low Income and directing staff to place the item on the Board's consent agenda.
The Director of the County's Health, Housing and Homeless Services division of Health Services spoke
in favor of the bill, noting its intention to increase transparency in reporting of a jurisdiction's progress on
meeting its housing needs in its required annual report on Housing Element implementation. Will Nelson
from the Department of Conservation and Development indicated they could not support the bill
because the information is difficult to obtain and could not be relied upon; it would pose an additional
unfunded burden on the department. The Committee discussed referring the bill to the full Board of
Supervisors for discussion with a recommendation of Oppose from the Committee.
AYE: Chair Diane Burgis
Vice Chair Karen Mitchoff
7.ACCEPT the report and provide direction and/or input, as needed.
The County's federal advocate from Thorn Run Partners, Paul Schlesinger, provided an update on the
County's FY 2022 federal earmark projects which were included in the Omnibus bill signed by the
President. He noted that the additional COVID-19 support was pulled out of the final bill but talks were
continuing in Congress on additional funding. The Committee accepted the federal legislative program
report.
AYE: Chair Diane Burgis
Vice Chair Karen Mitchoff
8.The next meeting is currently scheduled for April 11, 2022 at 1:00 p.m.
9.Adjourn
The meeting was adjourned at 1:45 p.m.
Page 4 of 60
For Additional Information Contact:
Lara DeLaney, Committee Staff
Phone (925) 335-1097, Fax (925) 646-1353
lara.delaney@cao.cccounty.us
Page 5 of 60
LEGISLATION COMMITTEE 4.
Meeting Date:04/11/2022
Subject:FY 2022-23 State Budget and State Bills of Interest
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2022-02
Referral Name:
Presenter: L. DeLaney and Nielsen Merksamer Team Contact: L. DeLaney, 925-655-2057
Referral History:
The Legislation Committee regularly receives reports on the State Budget and legislation of interest to the County.
Referral Update:
LAO Report on State Appropriations Limit
The Legislative Analyst’s Office (LAO) released a report outlining the implications of the Governor’s budget proposal. The
report titled “State Appropriations Limit Implications” examines various state revenue scenarios to predict budget outlooks into
the future. In summary: without making some serious reforms to the state’s tax structure (to reduce state revenues) or seeking
voter approval to modify the State Appropriation Limit (to allow for more expenditures), the Governor’s budget is
unsustainable whether state revenues grow slower, faster, or as expected.
To mitigate this eventuality, the LAO offers some short- and long-term options. For short-term options, the Legislature could
reject all non-SAL excluded proposals in the Governor’s proposed budget and then save those resources for future SAL
requirements. The Legislature could opt to delay SAL-required payments for a two-year period, as authorized by the
Constitution, but it must save those revenues to be able to pay the SAL-required payments in the future. Finally, the Legislature
could change the definition of subventions to count more funding at the local level. As for longer-term fixes, the LAO suggests
that the Legislature could reduce taxes on an ongoing basis to bring state revenues to the SAL, which would necessarily
constrain state government spending, or the Legislature could ask voters to make reforms to the state’s appropriations limit by
placing a constitutional amendment on the ballot.
The constraints imposed by the Gann Limit appear to have become inescapable for the state’s budget crafters and must be
carefully considered in the coming months as the May Revision is released and final negotiations on the budget begin.
Acting Governor Kounalakis Signs Extension of Tenant Protections
In rapid fashion, the Legislature approved AB 2179 (Grayson and Wicks) to extend tenant protections for renters who have
applied for the state’s rental assistance program but whose applications have yet to be processed. AB 2179 extends the
protections through June 30, 2022.
Lt. Governor Eleni Kounalakis, who is the acting Governor while Governor Gavin Newsom is traveling abroad, signed the bill,
marking the first time a woman signed legislation into law in California.
Beneficial Fire Strategic Plan Released
This week, the Governor’s Wildfire and Forest Resilience Task Force issued its Strategic Plan for Expanding the Use of
Beneficial Fire to guide the state’s efforts in expanding the use of prescribed fire and cultural burning to build forest and
community resilience in addressing forest management and wildfire mitigation. The Strategic Plan sets a target of expanding
Page 6 of 60
beneficial fire to 400,000 acres annually by 2025 as part of an overall goal to treat 1 million acres annually in California by
2025.
Key elements include:
An online prescribed fire permitting system to streamline the review and approval of prescribed fire projects;
The state’s new Prescribed Fire Claims Fund to reduce liability for private burners;
A new statewide program to enable tribes and cultural fire practitioners to revitalize cultural burning practices;
A prescribed fire training center to grow, train, and diversify the state’s prescribed fire workforce;
An interagency beneficial fire tracking system;
Undertaking pilot projects to undertake larger landscape-scale burns;
A comprehensive review of the state’s smoke management programs to facilitate prescribed fire while protecting public
health.
Children and Behavioral Health Initiative Update
The Newsom Administration recently held a webinar to share updates on Children and Behavioral Health Youth Initiative
(CYBHI), which included an overview of the CYBHI, a presentation on the plans and scope of work for each workstream, and
information on stakeholder engagement. Here are links to a recording and slide deck from the webinar.
The CYBHI engagement plan includes convening and engaging three groups:
Children, youth, and families, including children and youth 25 years of age and younger and their families as the key
constituency of the initiative.
Cross-sector and inter-agency partners, including healthcare and education partners, subject matter experts, state, local, and
federal agencies, community-based organizations, social services, legislature, philanthropy, academia, and other public and
private sector partners.
Community partners on the ground and in the field, including California community members interested in children and youth
behavioral health (e.g., Californians with professional and/or lived experiences).
This table summarizes planned engagement efforts in the near term and going forward.
Assembly Budget Subcommittee Hearing Focuses on CalAIM and Medi-Cal Issues
Assembly Budget Subcommittee No. 1 on health and human services met on March 28 to discuss CalAIM and Medi-Cal
proposals (agenda). DHCS provided overviews of Enhanced Care Management, community supports, CalAIM behavioral
health reforms, the long-term services and supports component of CalAIM, and the proposed changes to the suspension of
Medi-Cal benefits when an adult is incarcerated.
DHCS reported that as of January 1, 2022, 25 counties went live with Enhanced Care Management (ECM). The next phase of
ECM implementation begins July 1, 2022. Additionally, in January 2023, ECM will be expanded to long-term care, nursing
home residents transitioning to communities, and the justice-involved population. In July 2023, ECM will be expanded to focus
on children and youth.
As on January 1, 2022, 25 managed care plans in 47 counties started offering over 520 community supports. Approximately
40,000 people – mostly individuals transitioning from Whole Person Care – are receiving community supports. By July 2022,
nearly all managed care plans in all counties will offer some level of community supports. Recall that managed care plans can
choose whether they offer community supports and which of the state’s 14 identified community supports the plan will offer.
Most Medi-Cal managed care plans are electing to provide five to six community supports. The most common community
supports being offered are housing related services, medically tailored meals, and asthma remediation. DHCS expects the plans
will continue to expand community support elections in 2023 and 2024.
Legislation to Implement the Kaiser Contract for Medi-Cal Introduced
AB 2724 was gutted and amended last week to incorporate provisions to implement the Kaiser Medi-Cal single contract
language (also known as “alternate health care service plan”) proposed by the Newsom Administration in trailer bill language.
The revamped measure, now authored by Assembly Member Joaquin Arambula, is in the Assembly Health Committee but has
not yet been set for hearing. Although introduction of the Kaiser language into a bill suggests the contract will be discussed via
Page 7 of 60
the policy committee process, it remains possible that the issue could become part of budget negotiations this summer.
Attachment A: Master List of Bills of Interest to Contra Costa County
Attachment B: 2022 Elections Report
Recommendation(s)/Next Step(s):
ACCEPT the report and provide direction to staff and the County's state lobbyists, as needed.
Attachments
Attachment A: Bills of Interest
Attachment B: 2022 Elections Report
Page 8 of 60
Master File of Bills of Interest
To Contra Costa County
04/07/22
AB 1034 AUTHOR: Bloom [D]
TITLE: Cannabis: Noncannabis Food and Beverage Products
FISCAL
COMMITTEE:
no
URGENCY
CLAUSE:
no
INTRODUCED: 02/18/2021
LAST AMEND: 03/04/2021
DISPOSITION: Pending
LOCATION: Senate Business, Professions & Economic Development
Committee
SUMMARY:
Relates to the Control, Regulate and Tax Adult Use of Marijuana Act. Authorizes a
person who obtains a state license under AUMA to engage in commercial adult-use
cannabis activity pursuant to that license and applicable local ordinances.
Authorizes a local jurisdiction to allow for the preparation or sale of noncannabis
food or beverage products, as specified, by a licensed retailer or microbusiness in
the area where the consumption of cannabis is allowed subject to specified
restrictions.
STATUS:
07/14/2021 In SENATE Committee on BUSINESS, PROFESSIONS AND
ECONOMIC DEVELOPMENT: Not heard.
AB 1599 AUTHOR: Kiley [R]
TITLE: Proposition 47: Repeal
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 01/03/2022
LAST AMEND: 03/01/2022
DISPOSITION: Pending
LOCATION: Assembly Public Safety Committee
SUMMARY:
Repeals the changes and additions made by Proposition 47, except those related to
reducing the penalty for possession of concentrated cannabis. Reduces the value
threshold for a violation of those provisions to be punishable as a felony from
specified amount to specified amount. Reduces the value threshold for committing
grand theft under those provisions from specified amount to specified amount.
Provides for the submission of this measure to the voters for approval at the next
Page 9 of 60
statewide general election.
STATUS:
03/09/2022 In ASSEMBLY. Coauthors revised.
AB 1608 AUTHOR: Gipson [D]
TITLE: County Officers: Consolidation of Offices
FISCAL
COMMITTEE:
no
URGENCY
CLAUSE:
no
INTRODUCED: 01/04/2022
LAST AMEND: 04/07/2022
DISPOSITION: Pending
FILE: 19
LOCATION: Assembly Second Reading File
SUMMARY:
Deletes the authority of the board of supervisors of a county to combine the duties
of the sheriff with the duties of the coroner.
STATUS:
04/07/2022 In ASSEMBLY. Read second time and amended. Re-referred
to Committee on PUBLIC SAFETY.
AB 1657 AUTHOR: Nguyen J [R]
TITLE: Oil Spills: Reporting: Waters of the United States
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 01/14/2022
LAST AMEND: 03/14/2022
DISPOSITION: Pending
LOCATION: Assembly Appropriations Committee
SUMMARY:
Defines threatened discharge of oil in waters of the state to include, but not be
limited to, a discharge by a facility, as defined, located where an oil spill may
impact state waters. Requires a facility to be presumed to be located where an oil
spill may impact state waters if certain circumstances apply, including that any
portion of a pipeline that services the facility transports oil to, from, or through state
waters.
STATUS:
03/21/2022 From ASSEMBLY Committee on NATURAL RESOURCES:
Do pass to Committee on APPROPRIATIONS. (11-0)
AB 1663 AUTHOR: Maienschein [D]
TITLE: Protective Proceedings
FISCAL yes
Page 10 of 60
COMMITTEE:
URGENCY
CLAUSE:
no
INTRODUCED: 01/19/2022
LAST AMEND: 03/16/2022
DISPOSITION: Pending
LOCATION: Assembly Appropriations Committee
SUMMARY:
Requires the Judicial Council to establish a conservatorship alternatives program
within each self-help center in each superior court. Identifies petitions for
conservatorships for which less restrictive. Makes communications with the
program confidential. Requires the Judicial Council to establish and staff a
centralized Supported Decisionmaking Technical Assistance Program (SDM-TAP).
Appropriates specified amount from the General Fund to the Judicial Council.
STATUS:
04/06/2022 In ASSEMBLY Committee on APPROPRIATIONS: To
Suspense File.
AB 1750 AUTHOR: Davies [R]
TITLE: Controlled Substances: Treatment
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 02/01/2022
LAST AMEND: 03/17/2022
DISPOSITION: Pending
LOCATION: Assembly Appropriations Committee
SUMMARY:
Allows the court to order the defendant, and a juvenile court to order a minor, to
complete a controlled substance education or treatment program, as specified, if
available. Requires the county drug program administrator and representatives of the
court and county probation department, with input from substance use treatment
providers, to design and implement an approval and renewal process for controlled
substance education and treatment programs.
STATUS:
04/06/2022 In ASSEMBLY Committee on APPROPRIATIONS: To
Suspense File.
AB 1774 AUTHOR: Seyarto [R]
TITLE: California Environmental Quality Act: Water Conveyance
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 02/03/2022
Page 11 of 60
DISPOSITION: Pending
LOCATION: Assembly Natural Resources Committee
SUMMARY:
Requires the Judicial Council to adopt rules of court applicable to actions or
proceedings brought to attack, review, set aside, void, or annul the certification or
adoption of an environmental impact report for water conveyance or storage
projects, or the granting of project approvals, including any appeals to the court of
appeal or the Supreme Court, to be resolved, to the extent feasible, within 270 days
of the filing of the certified record of proceedings with the court.
STATUS:
02/10/2022 To ASSEMBLY Committees on NATURAL RESOURCES
and JUDICIARY.
AB 1778 AUTHOR: Garcia [D]
TITLE: State Transportation Funding: Freeway Projects
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 02/03/2022
LAST AMEND: 03/24/2022
DISPOSITION: Pending
COMMITTEE: Assembly Transportation Committee
HEARING: 04/18/2022 2:30 pm
SUMMARY:
Requires the department to consult the Healthy Places Index, as defined, as a
condition of using state funds or personnel time to fund or permit freeway projects.
Requires the department to analyze housing and environmental variables through
the index, as provided, and would prohibit any state funds or personnel time from
being used to fund or permit freeway projects in areas that fall within the zero to
specified percentile on the housing and environmental variables analyzed through
the index, as provided.
STATUS:
03/24/2022 From ASSEMBLY Committee on TRANSPORTATION with
author's amendments.
03/24/2022 In ASSEMBLY. Read second time and amended. Re-referred
to Committee on TRANSPORTATION.
AB 1897 AUTHOR: Wicks [D]
TITLE: Nonvehicular Air Pollution Control:Refineries
FISCAL
COMMITTEE:
no
URGENCY
CLAUSE:
no
INTRODUCED: 02/09/2022
DISPOSITION: Pending
Page 12 of 60
COMMITTEE: Assembly Natural Resources Committee
HEARING: 04/18/2022 2:30 pm
SUMMARY:
Relates to existing law which prohibits a person from discharging from
nonvehicular sources air contaminants or other materials that cause injury,
detriment, nuisance, or annoyance to the public. Makes a person who violates this
provision liable for a civil penalty if the violation results from a discharge from a
stationary source required by federal law to be included in an operating permit
program established pursuant to the federal Clean Air Act, and the stationary source
is a refinery.
STATUS:
02/18/2022 To ASSEMBLY Committees on NATURAL RESOURCES
and JUDICIARY.
AB 1944 AUTHOR: Lee [D]
TITLE: Local Government: Open and Public Meetings
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 02/10/2022
DISPOSITION: Pending
LOCATION: Assembly Local Government Committee
SUMMARY:
Specifies that if a member of a legislative body of a local agency elects to
teleconference from a location that is not public, the address does not need to be
identified in the notice and agenda or be accessible to the public when the legislative
body has elected to allow members to participate via teleconferencing. Requires all
open and public meetings of a legislative body that elects to use teleconferencing to
provide a video stream accessible to members of the public.
STATUS:
02/18/2022 To ASSEMBLY Committee on LOCAL GOVERNMENT.
AB 2094 AUTHOR: Rivas R [D]
TITLE: General Plan: Annual Report: Extremely Low-income
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 02/14/2022
DISPOSITION: Pending
COMMITTEE: Assembly Local Government Committee
HEARING: 04/20/2022 9:30 am
SUMMARY:
Requires a city or county's annual report to include the locality's progress in meeting
the housing needs of extremely low income households, as specified.
Page 13 of 60
STATUS:
03/23/2022 From ASSEMBLY Committee on HOUSING AND
COMMUNITY DEVELOPMENT: Do pass to Committee on
LOCAL GOVERNMENT. (8-0)
AB 2179 AUTHOR: Grayson [D]
TITLE: COVID 19 Relief: Tenancy
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
yes
INTRODUCED: 02/15/2022
ENACTED: 03/31/2022
DISPOSITION: Enacted
LOCATION: Chaptered
CHAPTER: 2022-013
SUMMARY:
Provides that any extension, expansion, renewal, reenactment, or new adoption of a
measure by the specified local authorities. Extends the date for which the
requirements and limitations described above relating to coronavirus rental debt
repayment periods are determined to a specified date. Prohibits any provision by the
specified local authorities permitting a tenant to repay coronavirus rental debt
beyond a specified date.
STATUS:
03/31/2022 Chaptered by Secretary of State. Chapter No. 2022-013
AB 2186 AUTHOR: Grayson [D]
TITLE: Housing Cost Reduction Incentive Program
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 02/15/2022
LAST AMEND: 03/23/2022
DISPOSITION: Pending
LOCATION: Assembly Local Government Committee
SUMMARY:
Establishes the Housing Cost Reduction Incentive Program, to be administered by
the Department of Housing and Community Development, for the purpose of
reimbursing cities, counties, and cities and counties for development impact fee
reductions provided to qualified housing developments, as defined, and for the
reasonable interest costs associated with impact fee deferrals.
STATUS:
04/06/2022 In ASSEMBLY. Coauthors revised.
Page 14 of 60
AB 2325 AUTHOR: Rivas [D]
TITLE: Coordinated Homelessness Response
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 02/16/2022
LAST AMEND: 04/06/2022
DISPOSITION: Pending
COMMITTEE: Assembly Housing and Community Development Committee
HEARING: 04/20/2022 9:00 am
SUMMARY:
Requires the California Interagency on Homelessness on or before September 30,
2023, to convene a funders workgroup to accomplish specified goals related to
ending homelessness.
STATUS:
04/06/2022 From ASSEMBLY Committee on HOUSING AND
COMMUNITY DEVELOPMENT with author's amendments.
04/06/2022 In ASSEMBLY. Read second time and amended. Re-referred
to Committee on HOUSING AND COMMUNITY
DEVELOPMENT.
AB 2374 AUTHOR: Bauer-Kahan [D]
TITLE: Crimes Against Public Health and Safety: Dumping
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 02/16/2022
LAST AMEND: 04/07/2022
DISPOSITION: Pending
FILE: 24
LOCATION: Assembly Second Reading File
SUMMARY:
Requires, instead of authorize, the court to order a person convicted of dumping
commercial quantities of waste to remove, or pay for the removal of, the waste
matter that was illegally dumped. The bill would authorize the court to order the
surrender of a professional or business license that is related to the illegal dumping
activity for which the person has been convicted, as a condition of probation.
STATUS:
04/07/2022 In ASSEMBLY. Read second time and amended. Re-referred
to Committee on BUSINESS AND PROFESSIONS.
AB 2449 AUTHOR: Rubio [D]
TITLE: Open Meetings: Local Agencies: Teleconferences
FISCAL no
Page 15 of 60
COMMITTEE:
URGENCY
CLAUSE:
no
INTRODUCED: 02/17/2022
DISPOSITION: Pending
LOCATION: Assembly Local Government Committee
SUMMARY:
Authorizes a local agency to use teleconferencing without complying with specified
teleconferencing requirements if at least a quorum of the members of the legislative
body participates in person from a singular location clearly identified on the agenda
that is open to the public and situated within the local agency's jurisdiction. The bill
would impose prescribed requirements for this exception relating to notice, agendas,
the means and manner of access, and procedures for disruptions.
STATUS:
03/03/2022 To ASSEMBLY Committee on LOCAL GOVERNMENT.
AB 2627 AUTHOR: Bauer-Kahan [D]
TITLE: Electronically Collected Personal Information
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 02/18/2022
DISPOSITION: Pending
COMMITTEE: Assembly Privacy and Consumer Protection Committee
HEARING: 04/19/2022 1:30 pm
SUMMARY:
Authorizes a state or local agency, at the request of the governing board of a
California Community College district, to enter into a memorandum of
understanding that would allow the agency and the district to share electronically
collected personal information about users, unless the user has not granted
permission for that disclosure, for purposes of facilitating outreach to, and
enrollment, of individuals in the California Community Colleges system and
notifying the user of all available resources.
STATUS:
03/10/2022 To ASSEMBLY Committees on PRIVACY AND
CONSUMER PROTECTION and HIGHER EDUCATION.
AB 2647 AUTHOR: Levine [D]
TITLE: Local Government: Open Meetings
FISCAL
COMMITTEE:
no
URGENCY
CLAUSE:
no
INTRODUCED: 02/18/2022
DISPOSITION: Pending
Page 16 of 60
LOCATION: Assembly Local Government Committee
SUMMARY:
Requires a local agency to make writings and agendas of public meetings distributed
to the members of the governing board available for public inspection at a public
office or location that the agency designates or post the writings on the local
agency's internet website in a position and manner that makes it clear that the
writing relates to an agenda item for an upcoming meeting.
STATUS:
03/10/2022 To ASSEMBLY Committees on LOCAL GOVERNMENT and
JUDICIARY.
AB 2677 AUTHOR: Gabriel [D]
TITLE: Information Practices Act of 1977
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 02/18/2022
DISPOSITION: Pending
COMMITTEE: Assembly Privacy and Consumer Protection Committee
HEARING: 04/19/2022 1:30 pm
SUMMARY:
Amends the Information Practices Act of 1977. Removes a certain exemption for
local agencies and includes, among other things, genetic information, IP address,
online browsing history, and location information within the definition of personal
information for the act's purposes. Requires that those rules established by the
agency be consistent with applicable provisions of the State Administrative Manual
and the State Information Management Manual.
STATUS:
03/10/2022 To ASSEMBLY Committee on PRIVACY AND CONSUMER
PROTECTION.
ACA 11 AUTHOR: Kalra [D]
TITLE: Taxes to Fund Health Care Coverage and Cost Control
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 01/05/2022
DISPOSITION: Pending
LOCATION: ASSEMBLY
SUMMARY:
Imposes an excise tax, payroll taxes, and a State Personal Income CalCare Tax at
specified rates to fund comprehensive universal single-payer health care coverage
and a health care cost control system for the benefit of every resident of the state, as
well as reserves deemed necessary to ensure payment, to be established in statute.
Page 17 of 60
STATUS:
01/05/2022 INTRODUCED.
SB 843 AUTHOR: Glazer [D]
TITLE: Taxation: Renters' Credit
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 01/11/2022
LAST AMEND: 03/21/2022
DISPOSITION: Pending
COMMITTEE: Senate Appropriations Committee
HEARING: 04/18/2022 9:00 am
SUMMARY:
Relates to the Budget Act. Increases the credit amount for a qualified renter to a
specified amount for spouses filing joint returns, heads of households, and surviving
spouses and a specified amount for other individuals. Provides that the credit
amount in excess of the qualified renter's liability would be refundable and paid
from the Tax Relief and Refund Account to the qualified renter upon appropriation
by the Legislature.
STATUS:
03/31/2022 From SENATE Committee on GOVERNANCE AND
FINANCE: Do pass to Committee on APPROPRIATIONS.
(5-0)
SB 852 AUTHOR: Dodd [D]
TITLE: Climate Resilience Districts: Formation: Funding
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 01/18/2022
LAST AMEND: 03/09/2022
DISPOSITION: Pending
COMMITTEE: Senate Governance and Finance Committee
HEARING: 04/07/2022
SUMMARY:
Authorizes a city, county, city and county, special district, or a combination of any
of those entities to form a climate resilience district for the purposes of raising and
allocating funding for eligible projects and the operating expenses of eligible
projects. Defines eligible project to mean projects that address sea level rise,
extreme heat, extreme cold, the risk of wildfire, drought, and the risk of flooding, as
specified.
STATUS:
04/07/2022 From SENATE Committee on GOVERNANCE AND
Page 18 of 60
FINANCE: Do pass as amended to Committee on NATURAL
RESOURCES AND WATER.
SB 869 AUTHOR: Leyva [D]
TITLE: Housing: Mobilehome Parks: Recreational Vehicle Parks
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 01/24/2022
LAST AMEND: 03/28/2022
DISPOSITION: Pending
COMMITTEE: Senate Appropriations Committee
HEARING: 04/18/2022 9:00 am
SUMMARY:
Requires the Department of Housing and Community Development, by a specified
date, to adopt regulations to require each person employed or acting under contract
as an onsite manager or assistant manager, or otherwise acting in an onsite or offsite
managerial capacity or role, on behalf of a mobilehome park or recreational vehicle
park to receive appropriate training of at least a specified hours during the initial
year and an unspecified number of hours of followup training each year.
STATUS:
03/30/2022 Withdrawn from SENATE Committee on PUBLIC SAFETY.
03/30/2022 Re-referred to SENATE Committee on APPROPRIATIONS.
SB 871 AUTHOR: Pan [D]
TITLE: Public Health: Immunizations
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 01/24/2022
DISPOSITION: Pending
LOCATION: Senate Health Committee
SUMMARY:
Prohibits the governing authority of a school or other institution from
unconditionally admitting any person as a pupil of any public or private elementary
or secondary school, childcare center, day nursery, nursery school, family day care
home, or development center, unless prior to their admission to that institution they
have been fully immunized against COVID-19. Removes the personal belief
exemption from any additional immunization requirements deemed appropriate by
the Department of Public Health.
STATUS:
02/24/2022 In SENATE. Rescinds referral to Committee on JUDICIARY
due to limitations concerning COVID-19 virus.
Page 19 of 60
SB 904 AUTHOR: Bates [R]
TITLE: Controlled Substances: Treatment
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 02/01/2022
LAST AMEND: 03/23/2022
DISPOSITION: Pending
LOCATION: Senate Public Safety Committee
SUMMARY:
Allows the court to order the defendant, and a juvenile court to order a minor, to
complete a controlled substance education or treatment program, as specified, if
available. Requires the county drug program administrator and representatives of the
court and county probation department, with input from substance use treatment
providers, to design and implement an approval and renewal process for controlled
substance education and treatment programs. Imposes a state mandated local
program.
STATUS:
04/05/2022 In SENATE Committee on PUBLIC SAFETY: Not heard.
SB 1097 AUTHOR: Pan [D]
TITLE: Cannabis and Cannabis Products: Labeling
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 02/16/2022
LAST AMEND: 03/29/2022
DISPOSITION: Pending
COMMITTEE: Senate Appropriations Committee
HEARING: 04/18/2022 9:00 am
SUMMARY:
Requires cannabis or a cannabis product, other than those for topical use, to include
a warning label that covers at least the front or principal face of a product, is in the
largest type possible for the area, is bright yellow, and includes a pictorial or graphic
element, as specified, and one of a series of warnings. require the department to
either recertify the warnings or provide updated warning label language and designs
every certain years commencing on a specified date.
STATUS:
04/04/2022 From SENATE Committee on BUSINESS, PROFESSIONS
AND ECON. DEVELOPMENT: Do pass to Committee on
APPROPRIATIONS. (8-0)
SB 1100 AUTHOR: Cortese [D]
TITLE: Open Meetings: Orderly Conduct
Page 20 of 60
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 02/16/2022
LAST AMEND: 03/21/2022
DISPOSITION: Pending
COMMITTEE: Senate Judiciary Committee
HEARING: 04/19/2022 1:30 pm
SUMMARY:
Authorizes the presiding member of the legislative body conducting a meeting to
remove an individual for willfully interrupting the meeting. Requires removal to be
preceded by a warning by the presiding member of the legislative body that the
individual is disrupting the proceedings, a request that the individual curtail their
disruptive behavior or be subject to removal, and a reasonable opportunity to cease
the disruptive behavior.
STATUS:
03/21/2022 In SENATE. Read second time and amended. Re-referred to
Committee on JUDICIARY.
SB 1140 AUTHOR: Umberg [D]
TITLE: Public Social Services: Electronic Benefits Transfer
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 02/16/2022
LAST AMEND: 03/08/2022
DISPOSITION: Pending
COMMITTEE: Senate Human Services Committee
HEARING: 04/19/2022 1:30 pm
SUMMARY:
Provides for the establishment of a statewide electronic benefits transfer (EBT)
system, administered by the State Department of Social Services. Prohibits a
recipient from incurring any loss of electronic benefits stolen in that manner.
Expands county duties relating to the administration of food benefits.
STATUS:
03/17/2022 Re-referred to SENATE Committee on HUMAN SERVICES.
SB 1253 AUTHOR: Melendez [R]
TITLE: Infrastructure Plan: Flood Control: Delta Levees
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 02/17/2022
Page 21 of 60
LAST AMEND: 03/08/2022
DISPOSITION: Pending
COMMITTEE: Senate Natural Resources and Water Committee
HEARING: 04/26/2022 9:00 am
SUMMARY:
Require the plan to set out infrastructure priorities relating to specified flood
prevention and maintenance projects.
STATUS:
03/29/2022 From SENATE Committee on GOVERNMENTAL
ORGANIZATION: Do pass to Committee on NATURAL
RESOURCES AND WATER. (14-0)
SB 1338 AUTHOR: Umberg [D]
TITLE: Community Assistance, Recovery, and Empowerment
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 02/18/2022
LAST AMEND: 03/16/2022
DISPOSITION: Pending
LOCATION: Senate Judiciary Committee
SUMMARY:
Establishes the Community Assistance, Recovery, and Empowerment (CARE)
Court Program to connect a person struggling with untreated mental illness and
substance use disorders with a court-ordered CARE plan.
STATUS:
03/23/2022 Re-referred to SENATE Committees on JUDICIARY and
PUBLIC SAFETY.
SB 1342 AUTHOR: Bates [R]
TITLE: Aging Multidisciplinary Personnel Teams
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 02/18/2022
LAST AMEND: 03/30/2022
DISPOSITION: Pending
COMMITTEE: Senate Judiciary Committee
HEARING: 04/26/2022 1:30 pm
SUMMARY:
Authorizes an area agency on aging or a county, or both, to establish an aging
multidisciplinary personnel team, as defined, with the goal of facilitating the
expedited identification, assessment, and linkage of older adults to services and to
allow provider agencies to share confidential information, as specified, for the
Page 22 of 60
purpose of coordinating services. Requires the sharing of information permitted
under these provisions to be governed by protocols developed by each area agency
on aging or county.
STATUS:
04/05/2022 From SENATE Committee on HUMAN SERVICES: Do pass
to Committee on JUDICIARY. (5-0)
Copyright (c) 2022 State Net. All rights reserved.
Page 23 of 60
To: NIELSEN MERKSAMER CLIENTS
From: NM Government Law Section
Date: 4/6//22
Re: 2022 California Elections
To keep you up to date on all the significant races and issues on the California Primary
and General Election ballots in 2022, we have prepared the following list of what voters
can expect to see in June and November. We will update and distribute this list as the
political landscape changes due to the adoption of the new Assembly Senate and
Congressional maps and as other initiatives qualify for the ballot.
Changes from previous updates are highlighted.
The 2022 California Elections
(Primary Election – 6/7/22 & General Election 11/8/22)
US Senate – Incumbent Alex Padilla (appointed in 2021) is running for election to a full
term.
US House of Representatives – 52 seats are up for election. This is down one seat
due to the 2020 Census and redistricting.
Governor – Incumbent Gavin Newsom is eligible to run for reelection.
Lieutenant Governor – Incumbent Eleni Kounalakis is running for reelection.
Attorney General – Incumbent Rob Bonta is running for reelection.
Secretary of State – Incumbent Shirley Weber is running for reelection.
Treasurer – Incumbent Fiona Ma is running for reelection.
Controller – Incumbent Betty Yee is termed out.
Insurance Commissioner – Incumbent Ricardo Lara is running for reelection.
Superintendent of Public Instruction – Incumbent Tony Thurmond is running for
reelection.
Board of Equalization - All four Board of Equalization seats are up for election in 2022.
All incumbents are eligible for re-election. Incumbent Malia Cohen is not seeking re-
election to the Board and is currently running for State Controller.
Page 24 of 60
Changes for the State Legislature in 2022 (Open Seats):
(3/28/22 update lists candidates based on SOS 3/25/22 preliminary posting. Final/Certified list to follow on 3/31/22)
California State Assembly
Assembly District 5 Frank Bigelow (R) – Not running for reelection
+Rebecca Chenoweth (D), Jason Paletta (R), Joe Patterson (R),
Greg Smith (R)
Assembly District 6 Kevin Kiley (R) – Running for US House Seat (CD 3)
+Janice Marlae Bonser (L), Cathy Cook (R), Bob Marques (R),
Kevin McCarty (D), Josh Pane (D)
Assembly District 9 Jim Cooper (D) – Running for Sacramento County Sheriff
+Heath Flora (R)
Assembly District 10 Marc Levine (D) – Running for Insurance Commissioner
+Eric Guerra (D), Stephanie Nguyen (D), Tecoy Porter (D),
Eric Rigard (R), Ben Thompkins (D)
Current Assembly District 11
Special Primary Election 4/5/22
Lori Wilson (D) wins uncontested Special Primary Election and
will be sworn in on 4/6/22
Assembly District 11
(Special Election 6/7/22)
VACANT: Jim Frazier (D) – Retired 12/31/21
+Jenny Leilani Callison (NP), Lori D. Wilson (D)
Assembly District 17
(Special Election 4/19/22)
VACANT: David Chiu (D) – Appointed San Francisco City Attorney
+David Campos (D), Matt Haney (D), Bill Shireman (R)
Assembly District 20 Bill Quirk (D) – Not running for reelection
+Jennifer Esteen (D), Joseph Grcar (R), Shawn Kumagai (D), Liz
Ortega (D)
Assembly District 21 Adam Gray (D) – Running for US House Seat (CD 13)
+James Hsuchen Coleman (D), Mark Gilham (R), Maurice
Goodman (D), Giselle Hale (D), Alison M. Madden (D), Diane
Papan (D), Tania Solé (G)
Assembly District 22 Kevin Mullin (D) – Running for US House Seat (CD 14)
+Juan Alanis (R), Joel Gutierrez Campos (R), Chad M. Condit (D),
Guadalupe “Lupita” Salazar (R), Jessica Self (D)
Assembly District 29 Mark Stone (D) – Not running for reelection
+Stephanie L. Castro (R), Robert Rivas (D)
Assembly District 32 Rudy Salas (D) – Running for US House Seat (CD 22)
+Vince Fong (R)
Assembly District 35 Jordan Cunningham (R) – Not running for reelection
+Jasmeet Bains (D), Leticia Perez (D)
Assembly District 42 Chad Mayes (I) – Not running for reelection
+Jacqui Irwin (D), Lori Mills (R), Ted Nordblum (R)
Assembly District 46 Adrin Nazarian (D) – Not running for reelection
+Dana Caruso (R), Jesse Gabriel (D)
Assembly District 50 Richard Bloom (D) – Not running for reelection
+Rodgir Cohen (L), Eloise Gomez Reyes (D), Sheela Stark (R)
Assembly District 58 Cristina Garcia (D) – Running for House Seat (CD 42)
+Leticia Castillo (R), Sabrina Cervantes (D), Bernard William
Murphy (R)
Page 25 of 60
Assembly District 61
(Special Election TBA)
Jose Medina (D) – Not running for reelection
+Tina Simone McKinnor (D), Robert Pullen-Miles (D), Angie Reyes
English (D), Nico Ruderman (D), James Arlandus Spencer (R)
Current Assembly District 62
Special Primary Election 4/5/22
Tina Simone McKinnor (D) and Robert Pullen-Miles (D) advance
to Special General election to be held on 6/7/22
Assembly District 62
+Maria Estrada (D), Anthony Rendon (D)
Assembly District 67 Kelly Seyarto (R) – Running for SD 32
+Param Brar (D), Sou Moua (R), Sharon Quirk-Silva (D),
Soo Yoo (R)
Assembly District 69 Tom Daly (D) – Not running for reelection
+Al Austin II (D), Janet Denise Foster (D), Josh Lowenthal (D),
Merry Taheir (D)
Current Assembly District 80
Special Primary Election 4/5/22
David Alvarez (D) and Georgette Gómez (D) advance to Special
General Election to be held 6/7/22
Assembly District 70 Patrick O’Donnell – Not running for reelection
+Ted Bui (R), Jason Gray (R), Emily Hibard (R), Kimberly Ho (R),
Diedre Thu-Ha Nguyen (D), Tri Ha (R)
Assembly District 80
(Special Election 6/7/22)
VACANT: Lorena Gonzalez – Retired 1/5/22
+David Alvarez (D), Georgette Gómez (D), Lincoln Picard (R), John
Vogel Garcia (R)
California State Senate
Senate District 1 Brian Dahle (R) – Running for CA Governor. He will be half-way
through his final term in the State Senate
Senate District 4 Jim Nielsen (R) – Termed out
+Marie Alvarado-Gil (D), Steven C. Bailey (R), Jolene Rehana Daly
(R), Michael Gordon (R), Jack Griffith (R), Jeff McKay (R), George
Radanovich (R), Tim Robertson (D)
Senate District 6 Richard Pan (D) – Termed out
+Michael J. Huang (R), Roger Niello (R), Paula Villescaz (D)
Senate District 8 Andreas Borgeas (R) – Not running for reelection
+Angelique Ashby (D), Rafa Garcia (D), Dave Jones (D)
Senate District 10 Bob Wieckowski (D) – Termed out
+Jim Canova (D), Jama Khan (D), Raymond Liu (D), Lily Mei (D),
Paul J. Pimentel (R), Aisha Wahab (D)
Senate District 18 Robert Hertzberg (D) – Termed out
+Alejandro Galicia (R), Steve Padilla (D)
Senate District 20 Connie Leyva (D) – Not running for reelection
+Ely De La Cruz Ayao (R), Daniel Hertzberg (D), Caroline Menjivar
(D), Seydi Alejandra Morales (D)
Senate District 27 Henry Stern (D) – Running for LA Board of Supervisors. He will
only be halfway through his second four-year term in the State
Senate
Senate District 28 Melissa Melendez (R) – Termed out
+Jamaal A. Gulledge (D), Joe Lisuzzo (R), Kamilah Victoria Moore
(D), Lola Smallwood-Cuevas (D), Cheryl C. Turner (D)
Page 26 of 60
Senate District 30 Sydney Kamlager (D) – Not running for reelection. Running for
House Seat (CD 37)
+Bob Archuleta (D), Henry Bouchot (D), Martha Camacho
Rodriguez (D), Mitch Clemmons (R)
Senate District 36 Patricia Bates (R) – Termed out
+Kim Carr (D), Janet Nguyen (R)
Senate District 40 Ben Hueso (D) – Termed out
+Brian W. Jones (R), Joseph C. Rocha (D)
*All Assembly seats are up in 2022 (Currently 56 Democrats, 19 Republicans,1 Independent,
and 4 Vacancies)
*Assembly District 17 & 49 Primaries are to be held 2/15/22 and Special Elections are to be held
4/19/22
*Primary Elections for Assembly Districts 11 and 80 and CD 22 will be held on 4/5/22 and the
Special General Elections for these races will be held on 6/7/22
*The primary for the special election for AD 62 will be held on 4/5/22 and the general election
will be held on 6/7/22
*All even numbered Senate Seats are up in 2022 (Currently 31 Democrats & 9 Republicans)
Changes Due to Redistricting
Now that the California Citizens Redistricting Commission has completed work on
California’s new district maps, some state legislators find themselves in somewhat
different and sometimes overlapping districts:
+Assemblymember Kevin McCarty (D), who currently represents AD 7, announced that
he will run for reelection in the new AD 6.
+Assemblymember Ken Cooley (D), who currently represents AD 8, reports that he will
seek reelection in AD 7.
+ Assemblymember Jim Patterson (R), is redistricted into what is now AD 8. That new
district will include much of the Fresno and Clovis area Patterson held before, but now
merges into the same territory occupied by Assemblyman Frank Bigelow (R).
+Assemblymember Heath Flora (R), who currently represents AD 12, will now run for
reelection in the new AD 9.
+Senator Melissa Hurtado (D), who currently represents SD 14, has announced that she
will run for reelection in SD 16.
+Assemblymember Buffy Wicks (D), who currently represents AD 15, has announced that
she will run in the new AD 14.
+ Assemblymember Evan Low (D) currently holds AD 28, just south of Assembly District
24, which is held by Assemblyman Marc Berman (D). Under the new maps, however,
those districts would overlap in one new district. Assemblymember Low has announced
that he will not run against Berman and will instead run in the newly formed AD 26.
Page 27 of 60
+Assemblymember Mark Stone (D), who currently represents AD 29, will run for
reelection in the new AD 28.
+Assemblyman Vince Fong (R), who currently represents District 34, has announced that
he will seek reelection in the newly drawn AD 32.
+Assemblymember Thurston Smith (R), who currently represents AD 33, will now run for
reelection in the new AD 34.
+Assemblymember Tom Lacky (R), who currently represents AD 36, reports he will run
for reelection in the new AD 34.
+Assemblymember Suzette Valladares (R), who currently represents AD 38, reports that
she will run for election in the new AD 40.
+Assemblymember Luz Rivas (D), who currently represents AD 39, has announced that
she will be running in the newly drawn AD 43. The vast majority of her current seat is in
the new 43rd district.
+Assemblymember James Ramos (D), who currently represents AD 40, reports that he
will run for reelection in the new AD 45.
+Assemblymember Eloise Reyes (D), who currently represents AD 47, reports she will
run for reelection in AD 50.
+Assemblymember Wendy Carrillo (D), who currently represents AD 51, reports that she
will run for reelection in the new AD 52.
+Assemblymember Miguel Santiago (D), who currently represents AD 53, has announced
that he will seek reelection in AD 54.
+Assemblyman Reggie Jones-Sawyer (D), who currently represents AD 59, will run for
reelection in AD 57.
+Assemblymember Mike Gipson (D), who currently represents AD 64, has announced
that he will run for reelection in the new AD 65.
+Assemblymembers Cottie Petrie-Norris (D) and Steven Choi (R) will face each other in
the new AD 73. Thy are not running in their current Assembly seats (AD 74 and AD 68
respectively).
+Assemblymember Laurie Davies (R), who currently represents AD 73, reports she will
run for reelection in the new AD 74.
+Assemblymembers Marie Waldron (R) and Randy Voepel (R) are now included in the
75th Assembly District.
+Assemblymember Brian Maienschein (D), who currently represents AD 77, reports that
he will run for reelection in the new AD 76.
Page 28 of 60
+Senator Anna Caballero (D) is now in the same district as Senator Melissa Hurtado (D).
Both have announced that they will run for the new SD 14.
+Senator Maria Elena Durazo (D), who currently represents SD 24, reports that she will
run for reelection in the new SD 26.
+Senator Ben Allen (D), who currently represents SD 26, has announced that he will
running for reelection in the new SD 24.
+Senators Connie Leyva (D) and Susan Rubio (D) were previously in neighboring districts
but are now in the same one. Senator Leyva has announced that she will not run in the
new district.
+Assemblymember Janet Nguyen (R), who currently represents AD 72, has announced
that she will be running for the new SD 36. She has represented the majority of the
Senate seat over her 18 years in public service.
+Due to redistricting, Senators Josh Newman and Dave Min have been drawn into the
same district. Min and Newman will not face reelection until 2024.
Changes for the House of Representatives
Congressional District 9 Jerry McNerney (D) – Not running for reelection in
2022
+Mark T. Andrews (NP), Harpreet Singh Chima (D),
Karena Apple Feng (D), Josh Harder (D), Khalid
Jeffrey Jafri (D), Jonathan Madison (R), Tom Patti
(R), Jim Shoemaker (R)
Congressional District 14 Jackie Speier (D) – Not running for reelection in
2022
+Alison Hayden (R), Sri “Steve” Iyer (R), James
Andrew Peters (D), Liam Miguel Simard (NP), Major
Singh (NP), Eric Swalwell (D), Tom Wong (R)
Current Congressional District 22 Special
Primary Election 4/5/22
Connie Conway (R) and either Lourin Hubbard (D)
Eric Garcia (D) / Matt Stoll (R) (too close to call)
advance to Special General Election on 6/7/22
Congressional District 22 Devin Nunes (R) – Resigned at the end of 2021
+Chris Mathys (R), Adam Medeiros (R), Study Salas
(D), David G. Valadao (R)
Congressional District 37 Karen Bass (D) – Not running for reelection in 2022
+Chris Champion (R), Baltazar ”Bong” Fedalizo (R),
Sydney Kamlager (D), Daniel W. Lee (D), Sandra
Mendoza (D), Jan C. Perry (D), Michael Shure (D)
Congressional District 40 Lucille Roybal-Allard (D) – Not running for
reelection in 2022
+Young Kim (R), Asif Mahmood (D), Greg Raths (R),
Nick Taurus (R)
Page 29 of 60
Congressional District 47 Alan Lowenthal (D) – Not running for reelection in
2022
+Scott Baugh (R), Brian Burley (R), Katie Porter (D),
Errol Webber (R), Amy Phan West (R)
Initiatives
There will likely be numerous initiatives on the 2022 ballot. As of 12/13/21, only one has
qualified:
1892. (20-0003)
REFERENDUM CHALLENGING A 2020 LAW PROHIBITING RETAIL SALE OF CERTAIN
FLAVORED TOBACCO PRODUCTS.
Summary Date: 09/10/20
Circulation Deadline: 11/30/20
Signatures Required: 623,212
Proponent(s): Aaron Agenbroad, Jaime Rojas, Beilal Mohamad-Ali Chatila
If the required number of registered voters sign this petition and the petition is timely filed, there
will be a referendum challenging a 2020 law on the next statewide ballot after the November 3,
2020 general election. The challenged law prohibits the retail sale of certain flavored tobacco
products and tobacco flavor enhancers. The referendum would require a majority of voters to
approve the 2020 state law before it can take effect.
*NOTE* There are currently three measures eligible for the 2022 ballot. These measures
will become qualified on the 131st day prior to the November General Election:
1877. (19-0018A1)
ADJUSTS LIMITATIONS IN MEDICAL NEGLIGENCE CASES. INITIATIVE STATUTE.
Summary Date: 12/02/19
ELIGIBLE: 07/21/20
Signatures Required: 623,212
Proponent(s): Scott Olsen, Nelson A. Moreno, Bree Lynn Moreno
-In medical negligence cases, adjusts for inflation: (1) $250,000 limit established in 1975 on
quality-of-life and survivor damages (which include pain and suffering); and (2) contingent
attorney’s fees limits established in 1987. In cases involving death or permanent injury, allows
judge or jury to exceed these limits and requires judge to award attorney’s fees. Requires
attorneys filing medical negligence cases to certify reasonable basis for claims or good-faith
attempt to obtain medical opinion; attorneys who file meritless lawsuits must pay defendant’s
expenses. Extends deadlines for filing medical negligence lawsuits. Summary of estimate by
Legislative Analyst and Director of Finance of fiscal impact on state and local
governments: Increased state and local government health care costs predominantly from
raising or removing the cap on noneconomic damages in medical malpractice cases,
likely ranging from the low tens of millions of dollars to the high hundreds of millions of
dollars annually.
1885. (19-0028A1)
REQUIRES STATE REGULATIONS TO REDUCE PLASTIC WASTE, TAX
Page 30 of 60
PRODUCERS OF SINGLE-USE PLASTICS, AND FUND RECYCLING AND
ENVIRONMENTAL PROGRAMS. INITIATIVE STATUTE.
Summary Date: 01/08/20
ELIGIBLE: 07/19/21
Signatures Required: 623,212
Proponent(s): Michael J. Sangiacomo, Caryl Hart, and Linda Escalante
-Requires CalRecycle to adopt regulations reducing plastic waste, including to: (1)
require that single-use plastic packaging, containers, and utensils be reusable,
recyclable, or compostable, and to reduce such waste by 25%, by 2030; (2) prohibit
polystyrene container use by food vendors; and (3) tax producers of single -use plastic
packaging, containers, or utensils by January 1, 2022, and allocate revenues for
recycling and environmental programs, including local water supply protection. Prohibits
Legislature from reducing funding to specified state environmental agencies below 2019
levels. Summary of estimate by Legislative Analyst and Director of Finance of fiscal
impact on state and local governments: State revenue from new tax on single-use
plastic packaging and foodware likely in the range of a few billion dollars
annually. Revenues would be used to administer and implement programs
intended to reduce waste, increase recycling, and restore habitats. Unknown net
effect on local governments. There would likely be increased costs for waste
collecting and sorting which might be partially or fully offset by new tax revenue,
payments from producers to support recycling, or lower costs associated with a
reduction in total plastic waste collected.
1886. (19-0029A1)
AUTHORIZES NEW TYPES OF GAMBLING. INITIATIVE CONSTITUTIONAL AND
STATUTORY AMENDMENT.
Summary Date: 01/21/20
Final Full Check: 05/27/21
ELIGIBLE: 05/27/21
Signatures Required: 997,139
Proponent(s): Edwin "Thorpe" Romero, Jeff L. Grubbe, Anthony Roberts, Mark Macarro
-Allows federally recognized Native American tribes to operate roulette, dice games,
and sports wagering on tribal lands, subject to compacts negotiated by the Governor
and ratified by the Legislature. Beginning in 2022, allows on -site sports wagering at only
privately operated horse-racing tracks in four specified counties for persons 21 years or
older. Imposes 10% tax on sports-wagering profits at horse-racing tracks; directs portion
of revenues to enforcement and problem -gambling programs. Prohibits marketing of
sports wagering to persons under 21. Authorizes private lawsuits to enforce other
gambling laws. Summary of estimate by Legislative Analyst and Director of Finance of
fiscal impact on state and local governments: Increased state revenues, potentially
reaching the tens of millions of dollars annually, from payments made by facilities
offering sports wagering and new civil penalties authorized by this measure. Some
portion of these revenues would reflect a shift from other existing state and local
revenues. Increased state regulatory costs, potentially reaching the low tens of
millions of dollars annually. Some or all of these costs would be offset by the
increased revenue or reimbursements to the state. Increased state enforcement
Page 31 of 60
costs, not likely to exceed several million dollars annually, related to a new civil
enforcement tool for enforcing certain gaming laws.
All other initiative and referendum related information can be found on the California
Secretary of State’s website HERE.
https://www.sos.ca.gov/elections/ballot-measures/initiative-and-referendum-status
Page 32 of 60
LEGISLATION COMMITTEE 5.
Meeting Date:04/11/2022
Subject:SB 847 (Hurtado) COVID 19 Relief: Tenancy: Grant Program
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2022-11
Referral Name: SB 847 (Hurtado)
Presenter: L. DeLaney Contact: L. DeLaney, 925-655-2057
Referral History:
Legislation Committee Vice Chair Mitchoff requested that SB 847 be referred to the Committee for consideration.
Referral Update:
SB 847 COVID 19 Relief: Tenancy: Grant Program
Author:Melissa Hurtado (D-014)
Title:COVID 19 Relief: Tenancy: Grant Program
Fiscal
Committee:
yes
Urgency
Clause:
no
Introduced:01/13/2022
Last
Amend:
03/28/2022
Disposition:Pending
Committee:Senate Judiciary Committee
Hearing:04/19/2022 1:30 pm, 1021 O Street, Room 1200
Summary:Creates a grant program under the administration of the department and would require the department to
award a program grant, as defined, to a qualified applicant who submits a complete application, as defined,
on a first come, first served basis. Requires the program to provide grants to all tier one applicants, as
defined, before providing grants to other applicants. Relates to qualified applicant. Establishes a fund.
Status:03/28/2022 In SENATE. Read second time and amended. Re-referred to Committee on JUDICIARY.
According to the bill sponsor, the California Apartment Association, this bill aims to cover rental arrears for renters who
accrued COVID-19-related rental debt but were rejected by the Emergency Rental Assistance Program (ERAP).
If passed, SB 847 will eliminate a renter's rental debt and ensure that rental housing providers are compensated for the housing
they provided during the pandemic. It will close a loophole that causes applicants to be rejected even when they can
demonstrate a need. Most importantly, the bill will remove the risk for some rental properties from getting foreclosed or forced
out of the rental market --- leaving more renters without a home.
The federal Emergency Rental Assistance Program (ERAP) has strict income eligibility requirements that limit applicants
to 80% AMI or less. However, renters in all income levels and demographics have applied for ERAP relief since the pandemic
put everyone in financial distress. Applicants over 80% AMI are disqualified leaving no safety net or resource to help cover the
Page 33 of 60
rental debt they accrued at no fault of their own. This has resulted in many rental housing owners having no mechanism to
recoup the costs of the services they have provided and forced some to backfill the debt using their own retirement funds
and/or through personal loans.
SB 847 will give a tool for both parties to be made whole. It will be a grant program administered by the State that will be
similar to the federally-funded ERAP but with more flexibility to ensure that more renters and homeowners are covered.
In addition to advocacy priorities of "COVID-19 Response and Economic Recovery," and "Housing and Homelessness," the
County's adopted 2021-22 State Platform includes the following related policies/principles:
SUPPORT the continuation and expansion of funding for fair and equitable affordable housing, homelessness assistance
and prevention programs, and strategic local and regional responses to homelessness that promote transparency, equity
and data informed decision-making and enhance access to resources that support the County’s compliance with federal
and state anti-homelessness and anti-poverty initiatives and requirements.
SUPPORT increasing and maintaining affordable housing stock and housing stability by way of supporting funding,
policy, or regulations that promote fair and equitable housing for the most vulnerable low, very low, and extremely
low-income households, including the acquisition, production and preservation of various housing types and the
protection of stable housing for vulnerable persons experiencing homelessness.
It is worth noting that the California legislature passed, and Acting Governor Kounalakis signed, AB 2179 (Grayson and
Wicks), which extended rental protections through June 30, 2022 for those who have faced financial hardships during the
pandemic. California’s $5.5 billion COVID-19 Rent Relief program is the largest statewide renter assistance program in the
country and covers 100 percent of past-due rent payments for qualified low-income Californians. The state program has to date
assisted more than 220,000 low-income households, with thousands of additional households assisted by local rent relief
programs. Under the state program, tenants can access rental funds directly if their landlord chooses not to participate, and
landlords can receive compensation even if their otherwise income-qualified tenants have already vacated a unit. Additional
program information is available at the Housing Is Key website.
The fact sheet for SB 847 is Attachment A.
A sample support letter is Attachment B.
Recommendation(s)/Next Step(s):
CONSIDER finding SB 847 consistent with the Board of Supervisors' adopted 2021-22 State Platform and DIRECT staff to
send a letter of support for the bill.
Attachments
Attachment A: SB 847 Fact Sheet
Attachment B: Letter of Support Template
Page 34 of 60
Senate Bill 847
Homeowners Relief Act
Introduced Jan 13, 2022
SUMMARY
SB 847 closes the coverage gap for tenants
and homeowners who have applied and been
rejected from the state rental assistance
program.
THE PROBLEM
As of July 2021, more than 1.8 million
homeowners were behind on their
mortgages. Many of these homeowners own
rental property. When federal mortgage
forbearance ends, they may be forced to
remove their rental units from the market
and sell them in order to avoid foreclosure.
BACKGROUND
The Federal Emergency Rental Assistance
Program has provided $5.2 Billion to
California to pay rent for some low-income
tenants who have been unable to pay their
rent. The Program only provides rental
assistance for tenants who make less than or
equal to 80% of the area median income
(“AMI”).
There are property owners with tenants who
are behind on their rent but will never
receive any form of government rental
assistance because they earn too much
money to qualify for the Program.
At the same time, California law allowed
tenants to pay just 25 percent of their past
rent, and in return, they received permanent
protection from eviction for the remainder of
the unpaid rent. They are not required to
apply for funding through the Rental
Assistance Program. Rental property owners
can attempt to collect unpaid rent from the
tenant by filing a small claims court action,
but they are not allowed to evict the tenant.
Local governments continue to enforce even
stricter eviction bans. In the City of Los
Angeles, homeowners are not allowed to
evict a tenant who has claimed a COVID
hardship for nonpayment of rent or collect
until June 2023, even if the tenant has not
paid the 25 percent required by state law. In
Alameda County, homeowners are
prohibited from ever evicting any tenants for
non-payment of rent due during the
moratorium period – which is in effect
indefinitely – even if the tenant did not
experienced a COVID hardship.
SOLUTION
SB 847 establishes a grant program,
administered by the Department of Housing
and Community Development that allows
for distribution of funds to homeowner
applicants, upon appropriation by the
Legislature.
FOR MORE INFORMATION
Marisol Ibarra, Legislative Director
Office of Senator Melissa Hurtado
Marisol.Ibarra@sen.ca.gov; (916) 651-4014
Page 35 of 60
March ___, 2022
The Honorable Melissa Hurtado
California State Senate
1021 O Street, Room 7310
Sacramento, CA 95814
Re: SB 847 (Hurtado) – COVID-19 – Support Letter
Dear Senator Hurtado:
As a POSITION in the City of NAME I am writing to inform you of my strong support of SB 847, your bill
that would provide rental assistance for landlords and tenants who do not qualify for assistance under
the state Emergency Rental Assistance Program (“Program”). SB 847 creates a commonsense grant
program administered by the Housing and Community Development Department to distribute state
funds on behalf of tenants who are unable to pay rent due to a COVID-19 hardship and do not qualify
under the federal Emergency Rental Assistance Program (“FERAP”).
Thank you for your very important bill that makes tremendous strides to keep tenants housed and close
the existing loopholes within the FERAP.
Sincerely,
______________________[Name/Organization]
By
________________________ (Signature)
________________________ (Title)
Page 36 of 60
LEGISLATION COMMITTEE 6.
Meeting Date:04/11/2022
Subject:AB 2295 (Bloom) Local educational agencies: housing development projects.
Submitted For: John Kopchik, Director, Conservation & Development Department
Department:Conservation & Development
Referral No.: 2022-10
Referral Name: Legislation
Presenter: John Cunningham Contact: John Cunningham, 655-2915
Referral History:
This is the first time the Legislation Committee has considered this bill.
Contra Costa's adopted 2021-22 State Legislative Platform includes the following policy relevant to the subject bill:
Land Use/Community Development/Natural Resources: MAINTAIN local agency land use authority.
Referral Update:
Measure: AB-2295
Lead Authors:Bloom (A)
Coauthors:Robert Rivas (A)
Topic:Local educational agencies: housing development projects.
31st Day in Print:03/19/22
Title:An act to add Article 6 (commencing with Section 17505) to Chapter 4 of Part 10.5 of
Division 1 of Title 1 of the Education Code, relating to housing.
House Location:Assembly
Last Amended
Date:
03/29/22
Committee
Location:Assembly Housing and Community Development
Committee
Hearing Date:
04/20/22
The bill provides that a housing development project must be deemed an authorized use on any real property owned by a local
educational agency (LEA) if it meets specified affordability criteria and planning standards. (From the 4/1/2022 bill analysis)
The bill would allow school districts, the County Office of Education, or charter schools to develop property as housing
outside the County's voter approved (Measure L-2006) urban limit line (ULL), "...even if that is inconsistent with any provision
of a city’s or county’s general plan, specific plan, zoning ordinance, or regulation." (From the 4/1/2022 bill analysis) This is in
conflict with the Board's adopted legislative platform which includes, "MAINTAIN local agency land use authority."
Staff does not have an exhaustive inventory of school district owned land outside the ULL. However, we are aware of a number
of school district-owned parcels in east County, in the unincorporated area, outside the ULL. One parcel assemblage is at the
southwest corner of Delta Road and Sellers Avenue, the other at the east terminus of Kellogg Creek Road.
Page 37 of 60
In considering this expansion of land use authority for school districts it is useful to consider the performance of school
districts and their state counterpart, the Department of Education (DOE) relative to existing authority:
In 2012, the DOE launched a significant process to reform their school siting guidelines in response to AB32 (2006),
and SB375 (2008). There was a "summit" at the start of the process that included some fanfare pointing to the need for
the DOE to have policies consistent with the new, GHG reduction driven paradigm. The DOE subsequently conducted
hearings and initiated public outreach. The process stopped several years later with no explanation or announcement.
Inquiries to the state have either gone unanswered or were responded to with limited information. The school siting
guidelines were never updated.
At the local level the Department of Conservation and Development has had to engage a local school district on several
occasions due to potential inconsistencies between land use and environmental law and the purchase of and development
of new school sites.
Considering the record of the DOE and local school districts on the development of land which is central to their core mission,
educating youth, expanding their authority to include housing development may be ill-advised.
While the limitations on extending services to any parcels outside the ULL will ultimately be a significant constraining factor,
staff believes that asserting local land use authority through the ULL is a more reliable and practical approach to the problems
presented by the bill.
Staff recommends that the Board of Supervisors send a letter to the author requesting an amendment that would exclude areas
outside a local jurisdictions voter approved or Board/Council adopted urban limit line, urban growth boundary, urban service
area, urban development boundary, urban/rural boundary, or the equivalent and to engage like-minded organizations in order to
build a coalition in support of this position.
Other/Supporting Information
The position of the California State Association of Counties is currently unknown, staff is waiting for a response.
Registered Support/Opposition
Support
CityLab - UCLA (Sponsor)
Landed
Los Angeles Unified School District
SPUR
Terner Center for Housing Innovation at the University of California, Berkeley
Support If Amended
California School Boards Association
Opposition
Oppose Unless Amended
State Building & Construction Trades Council of California
Inventory of Growth Boundaries
Staff could not find a definitive list of the various types of growth boundaries in California. The following is a partial list
compiled by the Greenbelt Alliance:
Alameda County: Alameda County, Dublin, Fremont, Hayward, Livermore, Pleasanton
Contra Costa County: Antioch, Contra Costa County, Danville, El Cerrito, Hercules, Martinez, Oakley,
Orinda, Pinole, Pittsburg, Pleasant Hill, Richmond, San Pablo, San Ramon, Walnut Creek
Marin County: Marin County, Novato
Napa County: American Canyon, Napa, St. Helena, Yountville
San Mateo County: San Mateo County
Santa Clara County: Cupertino, Gilroy, Los Gatos, Milpitas, Morgan Hill, Palo Alto, San Jose
Solano County: Benicia, Fairfield, Rio Vista, Vallejo, Vacaville
Sonoma County: Cloverdale, Cotati, Healdsburg, Petaluma, Rohnert Park, Santa Rosa, Sebastopol, Sonoma,
Page 38 of 60
Windsor
Beyond the Bay Area: Solvang, Winters
Recommendation(s)/Next Step(s):
CONSIDER providing a recommendation to the Board of Supervisors of "Oppose Unless Amended" on AB 2295 (Bloom)
Local educational agencies: Housing Development Projects and DIRECT staff to place the item on the Board's consent agenda
and communicate with potential partner organizations.
Fiscal Impact (if any):
N/A
Attachments
AB 2295 (Bloom) BILL TEXT
AB 2295 (Bloom) LEA-Housing ANALYSIS
Page 39 of 60
AMENDED IN ASSEMBLY MARCH 29, 2022
california legislature—2021–22 regular session
ASSEMBLY BILL No. 2295
Introduced by Assembly Member Bloom
(Coauthor: Assembly Member Robert Rivas)
February 16, 2022
An act to add Article 6 (commencing with Section 17505) to Chapter
4 of Part 10.5 of Division 1 of Title 1 of the Education Code, to amend
Section 65583.1 of the Government Code, and to add Section 50510.6
to the Health and Safety Code, relating to housing.
legislative counsel’s digest
AB 2295, as amended, Bloom. Local educational agencies: housing
development projects.
(1) Existing law, the Planning and Zoning Law, requires that the
legislative body of each county and each city adopt a comprehensive,
long-term general plan for the physical development of the county and
city, and specified land outside its boundaries, that includes, among
other mandatory elements, a housing element. Existing law authorizes
the legislative body of any county or city, pursuant to specified
procedures, to adopt ordinances that, among other things, regulate the
use of buildings, structures, and land as between industry, business,
residences, open space, and other purposes. Existing law generally
requires each local agency to comply with all applicable building
ordinances of the county or city in which the territory of the local agency
is situated, but, among other things, authorizes the governing board of
a school district that has complied with specified law, by a 2⁄3 vote of
its members, to render a city or county zoning ordinance inapplicable
Page 40 of 60
to a proposed use of property by the school district, unless the proposed
use of the property is for nonclassroom facilities, as provided.
This bill, notwithstanding any inconsistent provision of a city’s or
county’s general plan, specific plan, zoning ordinance, or regulation,
would require that a qualified housing development on land owned by
a local educational agency be an authorized use if the housing
development complies with certain conditions. Among these conditions,
the bill would require the housing development to consist of at least 10
units, be subject to a recorded deed restriction for at least 55 years
requiring that at least 49% 30% of the units have an affordable rent for
lower income households, as those terms are defined, at least 20% of
the units be occupied by teachers and employees of a local educational
agency at rents that do not exceed 120% of the area median income,
and 100% of the units be rented by teachers and employees of the local
educational agency, except as specified. This bill would authorize a city
or county to impose objective zoning standards, objective subdivision
standards, and objective design review standards, as defined, that do
not conflict with these provisions unless those standards would have
the effect of physically precluding the construction of a qualified
development project of less than or equal to 3 stories and 30 feet in
height. This bill would deem a qualified housing development consistent,
compliant, and in conformity with local development standards, zoning
codes or maps, and the general plan. The bill would prohibit a city or
county from imposing any development standards on a housing
development project under these provisions. The bill would exempt a
housing development project subject to these provisions from various
requirements regarding the disposal of surplus land.
This bill would require the Department of Housing and Community
Development to provide technical assistance and support to a local
educational agency that develops housing pursuant to these provisions.
(2) The Field Act requires the Department of General Services, under
the police power of the state, to supervise the design and construction
of any school building or the reconstruction or alteration of or addition
to any school building, if not exempted, to ensure that plans and
specifications comply with adopted rules and regulations and building
standards published in regulations and that the work of construction is
performed in accordance with the approved plans and specifications
for the protection of life and property.
This bill would exempt a housing development project authorized
under these provisions from the requirements of the Field Act.
2
Page 41 of 60
(3) Existing law requires the Department of Housing and Community
Development to determine the existing and projected need for housing
for each region, and requires the share of a city or county of the regional
hosing need to include that share of the housing need of persons at all
income levels within the area significantly affected by the general plan
of the city or county. Existing law requires the housing element to
identify adequate sites for housing, as specified.
This bill would authorize the department to allow a city or county to
identify adequate sites for multifamily housing on sites owned by a
local educational agency, based on any factors deemed relevant by the
department.
(4)
(3) The bill would include findings that changes proposed by this
bill address a matter of statewide concern rather than a municipal affair
and, therefore, apply to all cities, including charter cities.
(5)
(4) By adding to the duties of local planning officials, the bill would
impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Article 6 (commencing with Section 17505) is
line 2 added to Chapter 4 of Part 10.5 of Division 1 of Title 1 of the
line 3 Education Code, to read:
line 4
line 5 Article 6. Housing Development Projects
line 6
line 7 17505. For purposes of this article:
line 8 (a) “Affordable rent” has the same meaning as set forth in
line 9 Section 50053 of the Health and Safety Code.
line 10 (b) “Local educational agency” means a school district, county
line 11 office of education, or charter school.
3
Page 42 of 60
line 1 (c) “Lower income households” means the same as defined in
line 2 Section 50079.5 of the Health and Safety Code.
line 3 (d) “Qualified housing development project” means a housing
line 4 development project as defined in paragraph (2) of subdivision (h)
line 5 of Section 65589.5 of the Government Code that meets all of the
line 6 following requirements:
line 7 (1) The housing development consists of at least 10 housing
line 8 units.
line 9 (2) At least 49 30 percent of the units of the housing
line 10 development will be rented and occupied by lower income
line 11 households at an affordable rent.
line 12 (3) At least 20 percent of the housing development’s units will
line 13 be rented and occupied by teachers and employees of a local
line 14 educational agency at a rent that does not exceed 120 percent of
line 15 the area median income, to reflect the diversity of the school
line 16 districts and pay scales.
line 17 (3)
line 18 (4) The housing development proponent has committed to
line 19 record, prior to the issuance of the first building permit, a land use
line 20 restriction or covenant providing that any lower income housing
line 21 units required under paragraph (2) paragraphs (2) and (3) shall
line 22 remain available at affordable rent to persons and families of lower
line 23 income the affordable rent established in paragraphs (2) and (3)
line 24 for no less than 55 years.
line 25 (5) A local educational agency shall maintain ownership of a
line 26 qualified housing development project for the length of the 55 year
line 27 affordability requirement.
line 28 (4)
line 29 (6) One hundred percent of the units of the housing development
line 30 shall be rented by teachers and employees of the local educational
line 31 agency. If the local educational agency receives an insufficient
line 32 number of teachers and employees to apply for and occupy the
line 33 units, the unoccupied units may be offered to lower income
line 34 households that do not include a teacher or employee of the local
line 35 educational agency.
line 36 (7) When units in a qualified housing development become
line 37 unoccupied and available for rent, a local educational agency
line 38 shall first offer such units to teachers and employees. If a local
line 39 educational agency receives an insufficient number of applications
line 40 from teachers and employees, the unoccupied units may be offered
4
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line 1 to lower income households that do not include a teacher or
line 2 employee of the local educational agency.
line 3 17506. (a) Notwithstanding any inconsistent provision of a
line 4 city’s or county’s general plan, specific plan, zoning ordinance,
line 5 or regulation, a qualified housing development project shall be
line 6 deemed an authorized use on any real property owned by a local
line 7 educational agency.
line 8 (b) A qualified housing development project shall not be subject
line 9 to any development standards imposed by the city or county. The
line 10 qualified housing development shall be deemed consistent,
line 11 compliant, and in conformity with local development standards,
line 12 zoning codes or maps, and the general plan.
line 13 (b) (1) Notwithstanding any local law and except as provided
line 14 in subdivision (d) of Section 17505, a city or county may impose
line 15 objective zoning standards, objective subdivision standards, and
line 16 objective design review standards that do not conflict with this
line 17 section.
line 18 (2) A city or county shall not impose objective zoning standards,
line 19 objective subdivision standards, and objective design review
line 20 standards that have the effect of physically precluding the
line 21 construction of a qualified development project of less than or
line 22 equal to three stories and 30 feet in height.
line 23 (3) For purposes of this section, the terms “objective zoning
line 24 standards,” “objective subdivision standards,” and “objective
line 25 design review standards” mean standards that involve no personal
line 26 or subjective judgment by a public official and are uniformly
line 27 verifiable by reference to an external and uniform benchmark or
line 28 criterion available and knowable by both the development
line 29 applicant or proponent and the public official prior to submittal.
line 30 These standards may be embodied in alternative objective land
line 31 use specifications adopted by a local agency, and may include,
line 32 but are not limited to, housing overlay zones, specific plans,
line 33 inclusionary zoning ordinances, and density bonus ordinances.
line 34 (4) A qualified housing development shall be deemed consistent,
line 35 compliant, and in conformity with local development standards,
line 36 zoning codes or maps, and the general plan.
line 37 (c) Notwithstanding Article 3 (commencing with Section 17280)
line 38 of Chapter 3 and Article 6 (commencing with Section 17365) of
line 39 Chapter 3, a qualified housing development project on real property
5
Page 44 of 60
line 1 owned by a local educational agency shall not be subject to
line 2 oversight and approval by the Department of General Services.
line 3 (d) Notwithstanding any other law, the funds derived from a
line 4 qualified housing development project on real property owned by
line 5 a local educational agency may be used for general operating
line 6 purposes of the local educational agency.
line 7 (e) Subject to the requirements of Article 8 (commencing with
line 8 Section 17515) and Article 9 (commencing with Section 17527),
line 9 any land used for the development of a qualified housing
line 10 development project may be jointly used or jointly occupied by
line 11 the local education educational agency and any other party.
line 12 17507. Any land used for the development of a qualified
line 13 housing development project subject to this article shall be exempt
line 14 from the requirements of all of the following:
line 15 (a) Article 8 (commencing with Section 54220) of Chapter 5 of
line 16 Part 1 of Division 2 of Title 5 of the Government Code.
line 17 (b) Article 2 (commencing with Section 17230) of Chapter 1
line 18 of this code.
line 19 (c) Article 4 (commencing with Section 17455) of this code.
line 20 17508. The Department of Housing and Community
line 21 Development shall provide technical assistance and support to
line 22 local educational agencies interested in developing housing
line 23 pursuant to this article.
line 24 17509.
line 25 17508. The Legislature finds and declares that this article
line 26 addresses a matter of statewide concern rather than a municipal
line 27 affair as that term is used in Section 5 of Article XI of the
line 28 California Constitution. Therefore, this article applies to all cities,
line 29 including charter cities.
line 30 SEC. 2. Section 65583.1 of the Government Code is amended
line 31 to read:
line 32 65583.1. (a) (1) The Department of Housing and Community
line 33 Development, in evaluating a proposed or adopted housing element
line 34 for substantial compliance with this article, may allow a city or
line 35 county to identify adequate sites, as required pursuant to Section
line 36 65583, by a variety of methods, including, but not limited to,
line 37 redesignation of property to a more intense land use category and
line 38 increasing the density allowed within one or more categories.
line 39 (2) The department may allow a city or county to identify
line 40 adequate sites, as required pursuant to Section 65583, for accessory
6
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line 1 dwelling units based on the number of accessory dwelling units
line 2 developed in the prior housing element planning period whether
line 3 or not the units are permitted by right, the need for these units in
line 4 the community, the resources or incentives available for their
line 5 development, and any other relevant factors, as determined by the
line 6 department.
line 7 (3) The department may allow a city or county to identify
line 8 adequate sites, as required pursuant to Section 65583, for
line 9 multifamily housing on sites owned by a local educational agency
line 10 pursuant to Article 6 (commencing with Section 17505) of Chapter
line 11 4 of Part 10.5 od Division 1 of Title 1 of the Education Code, based
line 12 on any factors deemed relevant by the department.
line 13 (4) Nothing in this section reduces the responsibility of a city
line 14 or county to identify, by income category, the total number of sites
line 15 for residential development as required by this article.
line 16 (b) Sites that contain permanent housing units located on a
line 17 military base undergoing closure or conversion as a result of action
line 18 pursuant to the Defense Authorization Amendments and Base
line 19 Closure and Realignment Act (Public Law 100-526), the Defense
line 20 Base Closure and Realignment Act of 1990 (Public Law 101-510),
line 21 or any subsequent act requiring the closure or conversion of a
line 22 military base may be identified as an adequate site if the housing
line 23 element demonstrates that the housing units will be available for
line 24 occupancy by households within the planning period of the
line 25 element. No sites containing housing units scheduled or planned
line 26 for demolition or conversion to nonresidential uses shall qualify
line 27 as an adequate site.
line 28 Any city, city and county, or county using this subdivision shall
line 29 address the progress in meeting this section in the reports provided
line 30 pursuant to paragraph (1) of subdivision (b) of Section 65400.
line 31 (c) (1) The Department of Housing and Community
line 32 Development may allow a city or county to substitute the provision
line 33 of units for up to 25 percent of the community’s obligation to
line 34 identify adequate sites for any income category in its housing
line 35 element pursuant to paragraph (1) of subdivision (c) of Section
line 36 65583 where the community includes in its housing element a
line 37 program committing the local government to provide units in that
line 38 income category within the city or county that will be made
line 39 available through the provision of committed assistance during
line 40 the planning period covered by the element to low- and very low
7
Page 46 of 60
line 1 income households at affordable housing costs or affordable rents,
line 2 as defined in Sections 50052.5 and 50053 of the Health and Safety
line 3 Code, and which meet the requirements of paragraph (2). Except
line 4 as otherwise provided in this subdivision, the community may
line 5 substitute one dwelling unit for one dwelling unit site in the
line 6 applicable income category. The program shall do all of the
line 7 following:
line 8 (A) Identify the specific, existing sources of committed
line 9 assistance and dedicate a specific portion of the funds from those
line 10 sources to the provision of housing pursuant to this subdivision.
line 11 (B) Indicate the number of units that will be provided to both
line 12 low- and very low income households and demonstrate that the
line 13 amount of dedicated funds is sufficient to develop the units at
line 14 affordable housing costs or affordable rents.
line 15 (C) Demonstrate that the units meet the requirements of
line 16 paragraph (2).
line 17 (2) Only units that comply with subparagraph (A), (B), (C), (D),
line 18 or (E) qualify for inclusion in the housing element program
line 19 described in paragraph (1), as follows:
line 20 (A) Units that are to be substantially rehabilitated with
line 21 committed assistance from the city or county and constitute a net
line 22 increase in the community’s stock of housing affordable to low-
line 23 and very low income households. For purposes of this
line 24 subparagraph, a unit is not eligible to be “substantially
line 25 rehabilitated” unless all of the following requirements are met:
line 26 (i) At the time the unit is identified for substantial rehabilitation,
line 27 (I) the local government has determined that the unit is at imminent
line 28 risk of loss to the housing stock, (II) the local government has
line 29 committed to provide relocation assistance pursuant to Chapter 16
line 30 (commencing with Section 7260) of Division 7 of Title 1 to any
line 31 occupants temporarily or permanently displaced by the
line 32 rehabilitation or code enforcement activity, or the relocation is
line 33 otherwise provided prior to displacement either as a condition of
line 34 receivership, or provided by the property owner or the local
line 35 government pursuant to Article 2.5 (commencing with Section
line 36 17975) of Chapter 5 of Part 1.5 of Division 13 of the Health and
line 37 Safety Code, or as otherwise provided by local ordinance; provided
line 38 the assistance includes not less than the equivalent of four months’
line 39 rent and moving expenses and comparable replacement housing
line 40 consistent with the moving expenses and comparable replacement
8
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line 1 housing required pursuant to Section 7260, (III) the local
line 2 government requires that any displaced occupants will have the
line 3 right to reoccupy the rehabilitated units, and (IV) the unit has been
line 4 found by the local government or a court to be unfit for human
line 5 habitation due to the existence of at least four violations of the
line 6 conditions listed in subdivisions (a) to (g), inclusive, of Section
line 7 17995.3 of the Health and Safety Code.
line 8 (ii) The rehabilitated unit will have long-term affordability
line 9 covenants and restrictions that require the unit to be available to,
line 10 and occupied by, persons or families of low- or very low income
line 11 at affordable housing costs for at least 55 years or the time period
line 12 required by any applicable federal or state law or regulation.
line 13 (iii) Prior to initial occupancy after rehabilitation, the local code
line 14 enforcement agency shall issue a certificate of occupancy indicating
line 15 compliance with all applicable state and local building code and
line 16 health and safety code requirements.
line 17 (B) Units that are located either on foreclosed property or in a
line 18 multifamily rental or ownership housing complex of three or more
line 19 units, are converted with committed assistance from the city or
line 20 county from nonaffordable to affordable by acquisition of the unit
line 21 or the purchase of affordability covenants and restrictions for the
line 22 unit, are not acquired by eminent domain, and constitute a net
line 23 increase in the community’s stock of housing affordable to low-
line 24 and very low income households. For purposes of this
line 25 subparagraph, a unit is not converted by acquisition or the purchase
line 26 of affordability covenants unless all of the following occur:
line 27 (i) The unit is made available for rent at a cost affordable to
line 28 low- or very low income households.
line 29 (ii) At the time the unit is identified for acquisition, the unit is
line 30 not available at an affordable housing cost to either of the
line 31 following:
line 32 (I) Low-income households, if the unit will be made affordable
line 33 to low-income households.
line 34 (II) Very low income households, if the unit will be made
line 35 affordable to very low income households.
line 36 (iii) At the time the unit is identified for acquisition the unit is
line 37 not occupied by low- or very low income households or if the
line 38 acquired unit is occupied, the local government has committed to
line 39 provide relocation assistance prior to displacement, if any, pursuant
line 40 to Chapter 16 (commencing with Section 7260) of Division 7 of
9
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line 1 Title 1 to any occupants displaced by the conversion, or the
line 2 relocation is otherwise provided prior to displacement; provided
line 3 the assistance includes not less than the equivalent of four months’
line 4 rent and moving expenses and comparable replacement housing
line 5 consistent with the moving expenses and comparable replacement
line 6 housing required pursuant to Section 7260.
line 7 (iv) The unit is in decent, safe, and sanitary condition at the
line 8 time of occupancy.
line 9 (v) The unit has long-term affordability covenants and
line 10 restrictions that require the unit to be affordable to persons of low-
line 11 or very low income for not less than 55 years.
line 12 (vi) For units located in multifamily ownership housing
line 13 complexes with three or more units, or on or after January 1, 2015,
line 14 on foreclosed properties, at least an equal number of
line 15 new-construction multifamily rental units affordable to lower
line 16 income households have been constructed in the city or county
line 17 within the same planning period as the number of ownership units
line 18 to be converted.
line 19 (C) Units that will be preserved at affordable housing costs to
line 20 persons or families of low- or very low incomes with committed
line 21 assistance from the city or county by acquisition of the unit or the
line 22 purchase of affordability covenants for the unit. For purposes of
line 23 this subparagraph, a unit shall not be deemed preserved unless all
line 24 of the following occur:
line 25 (i) The unit has long-term affordability covenants and
line 26 restrictions that require the unit to be affordable to, and reserved
line 27 for occupancy by, persons of the same or lower income group as
line 28 the current occupants for a period of at least 55 years.
line 29 (ii) The unit is within an “assisted housing development,” as
line 30 defined in paragraph (3) of subdivision (a) of Section 65863.10.
line 31 (iii) The city or county finds, after a public hearing, that the unit
line 32 is eligible, and is reasonably expected, to change from housing
line 33 affordable to low- and very low income households to any other
line 34 use during the next eight years due to termination of subsidy
line 35 contracts, mortgage prepayment, or expiration of restrictions on
line 36 use.
line 37 (iv) The unit is in decent, safe, and sanitary condition at the
line 38 time of occupancy.
10
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line 1 (v) At the time the unit is identified for preservation it is
line 2 available at affordable cost to persons or families of low- or very
line 3 low income.
line 4 (D) Units in a motel, hotel, or hostel that are converted with
line 5 committed assistance from the city or county from nonresidential
line 6 to residential by the acquisition of the unit or the purchase of
line 7 affordability covenants and restrictions for the unit, are not acquired
line 8 by eminent domain, and constitute a net increase in the
line 9 community’s stock of housing affordable to low- and very low
line 10 income households. For purposes of this subparagraph, a unit is
line 11 not converted by acquisition or the purchase of affordability
line 12 covenants unless all of the following occur:
line 13 (i) The unit is part of a long-term recovery response to
line 14 COVID-19.
line 15 (ii) The unit is made available for people experiencing
line 16 homelessness as defined in Section 578.3 of Title 24 of the Code
line 17 of Federal Regulations.
line 18 (iii) The unit is made available for rent at a cost affordable to
line 19 low- or very low income households.
line 20 (iv) The unit is in decent, safe, and sanitary condition at the
line 21 time of occupancy.
line 22 (v) The unit has long-term affordability covenants and
line 23 restrictions that require the unit to be affordable to persons of low-
line 24 or very low income for not less than 55 years.
line 25 (vi) This subparagraph shall remain in effect only for the sixth
line 26 revision of the housing element pursuant to Section 65588.
line 27 (E) All spaces in a mobilehome park, as defined in subdivision
line 28 (a) of Section 18214 of the Health and Safety Code, that is acquired
line 29 with committed assistance from the city or county where any of
line 30 the following apply:
line 31 (i) The mobilehome park will be acquired with financing that
line 32 includes a loan from the department pursuant to Section 50783 or
line 33 50784.5 of the Health and Safety Code.
line 34 (ii) At least 50 percent of the current residents in the
line 35 mobilehome park to be acquired are lower-income households and
line 36 the entity acquiring the park agrees to enter into a regulatory
line 37 agreement for a minimum of 55 years that requires both of the
line 38 following:
line 39 (1) All vacant spaces shall be rented at a space rent that does
line 40 not exceed 50 percent of maximum rent limits established by the
11
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line 1 California Tax Credit Allocation Committee at 60 percent of the
line 2 area median income.
line 3 (2) The space rent for existing residents at the time of the
line 4 acquisition of the property, both during the 12 months preceding
line 5 the acquisition and during the term of the regulatory agreement,
line 6 shall not increase more than 5 percent in any 12-month period.
line 7 (3) This subdivision does not apply to any city or county that,
line 8 during the current or immediately prior planning period, as defined
line 9 by Section 65588, has not met any of its share of the regional need
line 10 for affordable housing, as defined in Section 65584, for low- and
line 11 very low income households. A city or county shall document for
line 12 any housing unit that a building permit has been issued and all
line 13 development and permit fees have been paid or the unit is eligible
line 14 to be lawfully occupied.
line 15 (4) For purposes of this subdivision, “committed assistance”
line 16 means that the city or county enters into a legally enforceable
line 17 agreement during the period from the beginning of the projection
line 18 period until the end of the third year of the planning period that
line 19 obligates sufficient available funds or other in-kind services to
line 20 provide the assistance necessary to make the identified units
line 21 affordable and that requires that the units be made available for
line 22 occupancy within two years of the execution of the agreement.
line 23 “Committed assistance” does not include tenant-based rental
line 24 assistance.
line 25 (5) For purposes of this subdivision, “net increase” includes
line 26 only housing units provided committed assistance pursuant to
line 27 subparagraph (A) or (B) of paragraph (2) in the current planning
line 28 period, as defined in Section 65588, that were not provided
line 29 committed assistance in the immediately prior planning period.
line 30 (6) For purposes of this subdivision, “the time the unit is
line 31 identified” means the earliest time when any city or county agent,
line 32 acting on behalf of a public entity, has proposed in writing or has
line 33 proposed orally or in writing to the property owner, that the unit
line 34 be considered for substantial rehabilitation, acquisition, or
line 35 preservation.
line 36 (7) In the fourth year of the planning period, as defined by
line 37 Section 65588, in the report required pursuant to Section 65400,
line 38 each city or county that has included in its housing element a
line 39 program to provide units pursuant to subparagraph (A), (B), (C),
line 40 (D), or (E) of paragraph (2) shall report in writing to the legislative
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line 1 body, and to the department within 30 days of making its report
line 2 to the legislative body, on its progress in providing units pursuant
line 3 to this subdivision. The report shall identify the specific units for
line 4 which committed assistance has been provided or which have been
line 5 made available to low- and very low income households, and it
line 6 shall adequately document how each unit complies with this
line 7 subdivision. If, by the end of the third year of the planning period,
line 8 the city or county has not entered into an enforceable agreement
line 9 of committed assistance for all units specified in the programs
line 10 adopted pursuant to subparagraph (A), (B), (C), (D), or (E) of
line 11 paragraph (2), the city or county shall, not later than the end of the
line 12 fourth year of the planning period, adopt an amended housing
line 13 element in accordance with Section 65585, identifying additional
line 14 adequate sites pursuant to paragraph (1) of subdivision (c) of
line 15 Section 65583 sufficient to accommodate the number of units for
line 16 which committed assistance was not provided. If a city or county
line 17 does not amend its housing element to identify adequate sites to
line 18 address any shortfall, or fails to complete the rehabilitation,
line 19 acquisition, purchase of affordability covenants, or the preservation
line 20 of any housing unit within two years after committed assistance
line 21 was provided to that unit, it shall be prohibited from identifying
line 22 units pursuant to subparagraph (A), (B), (C), (D), or (E) of
line 23 paragraph (2) in the housing element that it adopts for the next
line 24 planning period, as defined in Section 65588, above the number
line 25 of units actually provided or preserved due to committed assistance.
line 26 (d) A city or county may reduce its share of the regional housing
line 27 need by the number of units built between the start of the projection
line 28 period and the deadline for adoption of the housing element. If the
line 29 city or county reduces its share pursuant to this subdivision, the
line 30 city or county shall include in the housing element a description
line 31 of the methodology for assigning those housing units to an income
line 32 category based on actual or projected sales price, rent levels, or
line 33 other mechanisms establishing affordability.
line 34 SEC. 3. Section 50510.6 is added to the Health and Safety
line 35 Code, to read:
line 36 50510.6. The department shall provide technical assistance
line 37 and support to local educational agencies interested in developing
line 38 housing pursuant to Article 6 (commencing with Section 17505)
line 39 of Chapter 4 of Part 10.5 of Division 1 of Title 1 of the Education
line 40 Code.
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line 1 SEC. 4.
line 2 SEC. 2. No reimbursement is required by this act pursuant to
line 3 Section 6 of Article XIIIB of the California Constitution because
line 4 a local agency or school district has the authority to levy service
line 5 charges, fees, or assessments sufficient to pay for the program or
line 6 level of service mandated by this act, within the meaning of Section
line 7 17556 of the Government Code.
O
14
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Date of Hearing: April 5, 2022
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
Buffy Wicks, Chair
AB 2295 (Bloom) – As Amended March 29, 2022
SUBJECT: Local educational agencies: housing development projects
SUMMARY: Provides that a housing development project must be deemed an authorized use
on any real property owned by a local educational agency (LEA) if it meets specified
affordability criteria and planning standards. Specifically, this bill:
1) Defines “local educational agency” to mean a school district, county office of education, or
charter school.
2) Defines a “qualified housing development project” to mean a housing development project
that meets all of the following requirements:
a) The units must be rented as follows:
i. All of the units must be rented by teachers and employees of the LEA;
ii. If the LEA receives an insufficient number of teachers and employees to apply for
and occupy the units, the unoccupied units may be offered to lower income
households that do not include a teacher or employee of the LEA; and
iii. When a unit becomes unoccupied and available for rent, first offer for such units must
go to teachers and employees of the LEA.
b) It consists of at least 10 housing units ;
c) It meets the following affordability criteria;
i. At least 30 percent of the units will be rented and occupied by lower income
households at an affordable rent ;
ii. At least 20 percent of units will be rented and occupied by teachers and employees of
an LEA at a rent that is affordable for households with incomes that do not exceed
120 percent of the area median income; and
iii. The housing development proponent has committed to record, prior to the issuance of
the first building permit, a land use restriction or covenant providing that any housing
units required to meet its affordability criteria must remain available at affordable rent
levels for no less than 55 years.
d) A LEA must maintain ownership of a qualified housing development project for the
length of the 55 year affordability requirement.
3) Provides that a qualified housing development project must be deemed an authorized use on
any real property owned by a LEA, even if that is inconsistent with any provision of a city’s
or county’s general plan, specific plan, zoning ordinance, or regulation. Provides that a
Page 54 of 60
qualified housing development must be deemed consistent, compliant, and in conformity
with local development standards, zoning codes or maps, and the general plan.
4) Provides the following regarding the objective standards applied to a qualified housing
development project:
a) A city or county must not impose object ive standards that preclude the construction of a
qualified development project of at least three stories and 30 feet in height;
b) A city or county may impose other objective standards that do not conflict with this
section.
5) Provides that a qualified housing development project on real property owned by a LEA will
not be subject to oversight and approval by the Department of General Services.
6) Specifies that funds derived from a qualified housing development project on real property
owned by a LEA may be used for general operating purposes of the LEA.
7) States that any land used for the development of a qualified housing development project
may be jointly used or jointly occupied by the LEA and any other party.
8) Provides that any land used for the development of a qualified housing development project
is exempt from the requirements of all of the following:
a) The Surplus Lands Act (Government Code Section 54220 et seq);
b) The Disposal of Sites requirement of Education Code Section 17230 et seq; and
c) Provisions regarding the sale or lease of real property owned by school districts contained
in Education Code Section 17455 et seq.
9) Provides that t he Legislature finds and declares that this article addresses a matter of
statewide concern rather than a mu nicipal affair, and therefore the provisions of this bill
apply to all cities, including charter cities.
10) Provides that no reimbursement is required by the provisions of this bill because a local
agency or school district has the authority to levy service c harges, fees, or assessments
sufficient to pay for the program or level of service mandated by this bill.
EXISTING LAW:
1) Allows a city or county to “make and enforce within its limits, all local, police, sanitary and
other ordinances and regulations not in conflict with general laws.” It is from this
fundamental power (commonly called the police power) that cities and counties derive their
authority to regulate behavior to preserve the health, safety, and welfare of the public,
including land use authority (Section 7 of Article XI of the California Constitution).
2) Establishes the Teacher Housing Act of 2016 (Health and Safety Code 53570 et seq), which
established that:
a) It is state policy to support housing for teachers and school district employees;
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b) School districts and developers in receipt of local or state funds or tax credits designated
for affordable rental housing may restrict occupancy to teachers and school district
employees on land owned by school districts;
c) School district s may allow local public employees or other members of the public to
occupy housing created through the Teacher Housing Act ; and
d) A majority of the units must be rented at an affordable rent to lower income or moderate -
income households.
FISCAL EFFECT: Unknown
COMMENTS:
Author’s Statement: According to the author, “School districts in California own 10,900
properties with over 150,000 acres of land, half of which are potentially suitable for housing. By
easing the administrative and bureaucratic hurdles, AB 2295 will help local educational agencies
feasibly construct enough housing to meet the current demand and help address teaching
shortages—ultimately helping keep quality teachers and staff in the classroom.”
California’s Housing Crisis: California is in the midst of a housing crisis. The median price of a
single-family home exceeds $800,000, which only 24 percent of households can afford to
purchase – 50 percent less than the national average, and 33 percent less than at the start of the
pandemic.1 Over half of renters – and 80 percent of low-income renters – are “rent burdened,” in
households paying more than 30 percent of their income toward housing, which means they have
less to pay for other essentials such as food, transportation, and health care.2 In 2020, over
160,000 Californians experienced homelessness on a given night.3 The housing crisis
substantially impacts many of the state’s 650,000 employees of local educational agencies
(LEAs). Over one-third of these employees pay over 30 percent of their income towards housing,
including 31 percent of teachers and nearly half of all other LEA employees that are not school
administrators.4
A major cause of our housing crisis is the mismatch between the supply and demand for housing.
While there are various estimates of the size of this mismatch, they all concur that the deficit is
in the millions of units. This includes a large and growing housing affordability gap. The state
has a target of over one million new homes for lower income households over the next eight
years – over 120,000 units a year.5 Yet California has never produced more than 20,000 new
affordable rental homes in any year.6
1 California Association of Realtors Housing Affordability Index. Data for the 3rd quarter of 2021.
2 HCD, California Statewide Housing Plan, February 2018, Table 1.2
3 The 2020 Annual Homeless Assessment Report (AHAR) to Congress (huduser.gov)
4 Education Workforce Housing in California: Developing the 21st Century Campus, cityLAB UCLA et al,
December 2021: https://www.csba.org/-
/media/CSBA/Files/Advocacy/LegislativeAdvocacy/ResearchReport.ashx?la=en&rev=2d0b1e2e409f4dc6b3177338
d016cbb1
5 This total reflects all of the Regional Housing Needs Assessments, as summarized in the 2022 Statewide Housing
Plan: https://storymaps.arcgis.com/stories/94729ab1648d43b1811c1698a748c136
6 According to communication from the California Housing Partnership Corporation.
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Housing on School District Land: There are over 1,000 LEAs in California. Collectively, they
own more than 150,000 acres of land.7 According to recent research, of land owned by LEAs,
there are 7,068 properties with potentially developable land of one acre or more, totaling 75,000
acres statewide. At a modest density of 30 dwelling units per acre, such properties could contain
2.3 million units of housing – more than enough to house the state’s 300,000 teachers and
350,000 other LEA employees.
Despite the potential for development, there is very little housing on LEA property. This is
understandable, given that the primary function of this land is for educational purposes. It is also
because there are myriad impediments to completion of employee housin g on LEA property,
including:
Lack of expertise: the core competency of LEAs is education. To the degree there is
expertise in new construction or facilities management , it is focused on educational
facilities, not on building and managing housing.
Lack of funding: given exceedingly high construction costs, the price of new housing
exceeds what is affordable to most LEA staff. As such, to develop employee housing,
LEAs will need to identify public sources of funding.
Lack of permission: getting housing approved in California is often a laborious and risky
process, reflecting the complexity of government review, public processes, and required
analysis under the California Environmental Quality Act (CEQA). LEA properties
typically face the additional hurdle of not having zoning that permits housing or specified
development standards for housing projects. As such, if it wanted to build housing for its
employees, the LEA would need to seek permission from a local government to establish
the right to build housing and identify objective standards for the project to conform with.
Despite the impediments, state and local officials are increasingly exploring ways to facilitate
housing on LEA property, as a way to help LEAs recruit and retain employees. The Teacher
Housing Act of 2016 (SB 1413, Leno, Chapter 732, Statutes of 2016), created a state policy to
support housing for teachers and school district employees, and specified that projects can
receive local or state funds or tax credits if developments are restricted to school district
employees. Since June 2018, eight California LEAs have put a proposition or measure before
local voters to fund education workforce housing development, with six of these measures
passing.8 And recent research identified 46 LEAs pursuing housing projects on 83 different
sites.9 However, to date, California is home to just four completed education workforce housing
developments by Los Angeles Unified and Santa Clara Unified.
This bill seeks to address the fact that, on most LEA property, housing is not a permissible use
and that these properties have no applicable development standards for housing. The bill would
make housing a permissible use, and establish an allowable height of 30 feet, if the housing
project met the following affordability and occupancy criteria:
Developments would need to make 30 percent of the units affordable to lower income
households and 20 percent would need to be affordable to moderate-income households;
7 See footnote 4
8 Ibid.
9 Ibid.
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LEAs would have to rent the units to their employees. However, should there not be
enough LEA employees to fill the units, they could fill the units with lower income
households.
While housing would become a permissible use, t he project would still need to go through the
local government ’s entitlement process, including CEQA. The local government would be able
to apply its own zoning and design review standards, as long as they do not preclude the project
from being three stories or thirty feet in height .
Arguments in Support: Supporters of the bill argue that it will help unlock the potential for new
housing for LEA staff, which will help facilitate teacher recruitment and retention, particularly in
high cost areas. According to the Los Angeles Unified School District, “t his bill will enhance
certainty, increase flexibility, and streamline the process of developing educator workforce
housing on school land, which will help districts recruit and retain teachers and classified staff.”
Arguments in Opposition: The opponent of the bill, the State Building and Construction Trades
Council, argue that the bill should include requirements for utilization of a skilled and trained
workforce, pay prevailing wages, and require use of apprentices. They also argue that the bill
would “significantly limit the opportunity for public review by making housing by right on any
property owned by a local educational agency.” It should be noted that the bill does not propose
to make such housing by right.
Committee Amendments: The committee may wish to consider the following amendments to
help improve the functionality of this bill in serving to facilitate housing for teachers and other
employees of LEAs:
Move the contents of the bill from the Education Code to the Government Code, as the
Government Code is the location of planning and zoning law;
Align with Teacher Housing Act by:
o Specifying that a majority of the units must be affordable to lower income or
moderate-income households, instead of 50 percent; and
o Requiring that units that are not occupied by local educational agency employees
be offered first to local public employees, and then to general members of the
public.
Specifying that, on school district property, qualifying housing projects must be an
“allowable use” instead of an “authorized use,” so as to ensure that it is clear that projects
are still subject to local discretionary processes and review under CEQA;
Specifying the objective standards that the project must meet, including:
o Defining the “development footprint” as the portion of the property that is
developed for the housing development, inclusive of parking and roadways
developed internal to the site to serve the housing development, and other above-
ground improvements developed to serve the housing development. This
definition is necessary to account for the fact that the housing would only be
developed on a portion of a larger school district site.
o Establishing a minimum residential density for the development footprint that is
the greater of either:
The residential density already permitted by the local government; or
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The density deemed appropriate in Housing Element law to facilitate the
development of multi-family housing (generally 30 units per acre in urban
areas, 20 in suburban areas, and 10 in rural areas);
o Clarifying that the allowed height must be what is allowed by the local
government if the local government’s allowed height exceeds 30 feet; and
o Requiring that the site be adjacent to a site that permits residential use, to
minimize instances where a school district proposes housing on a potentially
inappropriate site, such as on a bus yard surrounded by industrial uses.
Revise the definition of a local education agency to exclude charter schools, as they often
function outside the purview of or with limited oversight by the school district.
Remove the ability for the funds derived from the housing development project to be
used for general operating purposes of the LEA, in recognition that current law limits the
use of similar revenues to development and maintenance of facilities.
Remove the provision that a qualified housing development project on real property
owned by an LEA shall not be subject to oversight and approval by the Department of
General Services.
Related Legislation:
SB 1413 (Leno), Chapter 732, Statutes of 2016: This bill established the Teacher Housing Act of
2016 to facilitate the acquisition, construction, rehabilitation, and preservation of affordable
housing restricted to teachers or school district employees.
AB 3308 (Gabriel), Chapter 199, Statutes of 2020: This bill expanded allowed occupancy under
the Teacher Housing Act of 2016 to local public emplo yees and other members of the public,
while maintaining the right for school districts to prioritize their own employees.
SB 6 (Caballero), 2021: This bill would allow residential uses to be an allowable use on
commercially-zoned land, as specified. This bill is pending hearing in this committee.
Double referred: This bill was also referred to the Assembly Committee on Local Government,
where it will be heard should it pass out of this committee.
REGISTERED SUPPORT / OPPOSITION:
Support
CityLab - UCLA (Sponsor)
Landed
Los Angeles Unified School District
SPUR
Terner Center for Housing Innovation at the University of California, Berkeley
Support If Amended
California School Boards Association
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Opposition
Oppose Unless Amended
State Building & Construction Trades Council of California
Analysis Prepared by: Steve Wertheim / H. & C.D. / (916) 319-2085
Page 60 of 60