State Bills in Brief: Aug. 7-14

A weekly primer on the bills and committee hearings that have a direct impact on cities

By Brian Hendershot, Cal Cities Advocate managing editor. Additional contributions by the Cal Cities Advocacy Team

Lawmakers have some 1,300 bills left to vote on before the session ends on Aug. 31. Some should sound familiar - like changes to the builder's remedy and the state's waste infrastructure, and of course, stiffer penalties for retail theft. But legislators also made major tweaks to bills just before summer break, some through the "gut-and-amend" process.

Among these new(ish) proposals is a ban on drones used in many cities for public safety and code enforcement operations, along with changes to the state's wildfire maps and affordable housing developments on the coast.

Most notably, Gavin Newsom and the Legislature are preparing a late-breaking energy package to expedite clean energy infrastructure developments. The proposal seeks to overhaul how the state approves and supports solar, offshore wind, and other green energy projects by offering developers incentives, such as tax credits.

At least one measure in the package would usurp local authority by granting by-right approval to certain projects. The package - which is not yet released - is part of a larger effort to deal with increased energy demand, brownouts, rising utility costs, and clean energy goals.

Legislators can introduce amendments until Aug. 23, although they can waive the rules in some circumstances. So right now, many are focused on getting their bills through the powerful appropriations committees as part of the biennial suspense file process. Most of the remaining bills need to clear those committees before they can receive a floor vote.

If you're itching for more legislative news after reading this (abbreviated) treatise, be sure to check out Cal Cities' summer coverage. Following the lead of Cal Cities' community services lobbyist, our summer fellows rounded up the top remaining public safety, environmental quality, housing, transportation, governance, and revenue measures.

With the suspense file scheduled for Aug. 15, this is (in theory) the last State Bills in Brief for 2024. For information about bills scheduled for a committee hearing, keep reading. To access a previous State Bills in Brief - visit the archive page.

Hot bills

Cal Cities has elevated a bill that would ban some types of drones to its hot bill list.

Duplicative housing and homelessness planning bill

• New RHNA categories.AB 3093 (Ward) would require cities to consider and plan for the needs of homeless residents when developing their housing elements. However, the bill duplicates existing planning efforts and lacks critical information. Cal Cities will oppose the measure unless it is amended.
• Proposed changes. Cal Cities has requested several amendments that would clarify how these new requirements differ from what cities are already doing so that cities can meet the bill's obligations. Without these changes, the measure will set cities up to fail.
• When is the hearing? Aug. 12 at 10 a.m. in the Senate Appropriations Committee.

Builder's remedy safeguards come with a price

• What would the bill do? AB 1893 (Wicks) would place some guardrails on builder's remedy projects. However, it would also limit cities' ability to impose objective standards in specific development projects. Cal Cities opposes the measure unless amended.
• More carrots, fewer sticks. Rather than passing more punitive measures, the state should work with cities to provide guidance and resources to cities to help them get a compliant housing element.
• When is the hearing? Aug. 12 at 10 a.m. in the Senate Appropriations Committee.

Sweeping amendments to coastal housing bill

• Duplicative state oversight on coastal housing.AB 2560 (Alvarez) would allow both the Coastal Commission and the Department of Housing and Community Development to have housing oversight over local jurisdictions, making it extremely challenging to develop affordable housing on the coast - counter to the author's clear intention. Cal Cities opposes the measure.
• A tidal shift that would delay development. The bill would also require all cities and counties to quickly amend their local coastal programs to include the state's Density Bonus Law. In June, committee members added provisions that would create conflicting standards, which would ultimately prevent affordable housing and Density Bonus law incentives.
• When is the hearing? Aug. 12 at 10 a.m. in the Senate Appropriations Committee.

Military equipment ban would include popular drone manufacturer

• What is the bill number?SB 99 (Umberg) would require police departments to ensure that any military equipment they want to use is not banned by federal law. Cal Cities opposes the measure.
• Wait, that doesn't sound so bad. The ban includes drones made by the Chinese company DJI, which many cities rely on for a range of public safety and code enforcement operations. While the author has proposed several helpful amendments, the bill would still ban new DJI drone purchases.
• When was the hearing? Aug. 7 at 9:30 a.m. in the Assembly Appropriations Committee.

Cal Cities-sponsored measure would help reduce methane emissions

• Clarification and support.SB 972 (Min) would require CalRecycle to strengthen its assistance efforts for cities actively working to reduce organic waste and methane emissions. The agency would also need to report back to the Legislature on the organic waste diversion progress and alignment with the state's other climate goals.
• Progress so far. A 2023 report found that the amount of organic waste in landfills increased by a million tons between 2014 and 2020, underscoring the need for additional resources and guidance from the state to cities.
• When is the hearing? Aug. 15 in the Assembly Appropriations Committee.

Faster assistance for landslide disasters

• What would the bill do?SB 1461 (Allen) would add landslides to the state definition of state of emergency or local emergency. Cal Cities supports the measure.
• Why is this important? Declaring an emergency can unlock greater resources and funding. With climate extremes sweeping the state, this is a proactive way to ensure those resources are readily available.
• What was the next hearing? Aug. 7 at 9:30 a.m. in the Assembly Appropriations Committee.

Priority bills

Cal Cities is engaging with dozens of other priority measures this week, including several housing, cannabis, and waste infrastructure bills.

Housing subsidy programs could be a critical first step to statewide relief

• Targeted relief. AB 2498 (Zbur) would create a housing subsidy program in eight counties for people at the most risk of becoming homeless. SB 37 (Caballero) would create a housing subsidy program for older adults and adults with disabilities experiencing homelessness or at risk of homelessness. Cal Cities supports both bills.
• Running out of time. In a recent Cal Cities survey, over two-thirds of cities reported that the number of people entering homelessness is exceeding their ability to reach a net reduction in homelessness.
• When are the hearings? Aug. 12 at 10 a.m. in the Senate Appropriations Committee.

Housing element review changes could set cities up to fail

• Impossible standard.AB 2023 (Quirk-Silva) would make it harder for a city to challenge claims that its housing element is out of compliance. It would also reset the public review period for any new amendments requested by HCD for a draft housing element. Cal Cities opposes the measure unless amended.
• Proposed changes. Cal Cities is seeking amendments that would make it easier for cities to meet the statutory deadline and make AB 2023 consistent with existing law.
• When is the hearing? Aug. 12 at 10 a.m. in the Senate Appropriations Committee.

Even more development fee changes

• Payment prohibition. SB 937 (Wiener) would prevent cities from collecting mitigation fees on affordable housing projects until a certificate of occupancy is issued or the construction for which the project fees will be used begins. Cal Cities opposes the bill unless it is amended.
• Proposed changes. Cal Cities is urging the author to remove the language that would include projects with 10 units or less for fee deferral, clarify when cities can collect permit fees, and continue allowing local governments to require a bond or letter of credit if the developer does not pay fees until the final inspection, among other amendments.
• When was the hearing? Aug. 7 at 9:30 a.m. in the Assembly Appropriations Committee.

Office conversions

• Vacant buildings. AB 3068 (Haney) would create a ministerial by-right approval process for office conversion projects that meet certain affordability criteria. Cal Cities will oppose the measure unless amended.
• Proposed changes. Instead of a one-size-fits-all approach for areas never considered for residential development statewide, the Legislature should provide an opt-in clause for cities that want to go that route within their communities instead.
• When is the hearing? Aug. 12 at 10 a.m. in the Senate Appropriations Committee.

More automatic housing approvals

• Which zones?SB 1211 (Skinner) would force cities to approve up to eight detached accessory dwelling units (ADU) on an existing multifamily dwelling lot and up to two detached ADUs on a proposed multifamily development before construction begins. SB 1123 (Caballero) would require cities to approve up to 10 new vacant units on a parcel that was zoned and planned for one unit. Cal Cities opposes both measures.
• Counterintuitive. Like many recent legislative efforts, these measures undermine and call into question the state's regional housing needs allocation process.
• When were the hearings? Aug. 7 at 9:30 a.m. in the Assembly Appropriations Committee.

Post-release reform

• Better records. SB 1262 (Archuleta) would require county officials to revoke post-release community supervision of a parolee who violates the terms of their release for a third time or commits a new offense. Cal Cities supports the measure.
• Why it matters. By prioritizing accountability and providing clear guidelines, this measure would help ensure that only those who are actively working to reenter the community receive post-release supervision.
• When was the hearing? Aug. 7 at 9:30 a.m. in the Assembly Appropriations Committee.

Tougher fentanyl possession laws

• America's deadliest drug. SB 226 (Alvarado-Gil) would make possession of fentanyl while also in possession of a loaded and operable firearm an automatic felony, punishable by a state prison term of two to four years. Cal Cities supports the bill.
• When was the hearing? Aug. 7 at 9:30 a.m. in the Assembly Appropriations Committee.

Moonshining law expansion

• Illicit cannabis equipment. SB 820 (Alvarado-Gil) would allow local jurisdictions to seize property and vehicles involved in unlicensed commercial cannabis activity - the same laws used for unlicensed alcoholic manufacturing. Cal Cities supports the measure.
• Why it matters. Current law allows illicit cannabis operations to recover quickly following enforcement actions, often in a matter of days. This bill would also invest the enforcement proceeds into equity programs for legal operators.
• When was the hearing? Aug. 7 at 9:30 a.m. in the Assembly Appropriations Committee.

Possible cannabis permitting reform

• Time is money. SB 1064 (Laird) would significantly streamline the state licensing structure for cannabis and establish clear guidelines for state and local agencies. Cal Cities supports the bill.
• Unnecessary duplication. The current licensing structure is needlessly complex, with businesses often facing lengthy processing times and high costs due to duplicative reviews.
• When was the hearing? Aug. 7 at 9:30 a.m. in the Assembly Appropriations Committee.

Cannabis bill could close regulatory disparities

• What would the bill do?AB 2223 (Aguiar-Curry) would establish a lower legal THC level for industrial hemp, require product testing, and ensure compliance with tax laws. The measure would also enhance enforcement measures against people who violate the standards. Cal Cities supports the measure.
• Legal market protections. Enforcement efforts are already spread thin across state and local agencies with insufficient resources and competing priorities. By creating a consistent standard, AB 2223 would promote safe consumption habits, protect the legal market, and help cities manage cannabis-related issues more effectively.
• When is the hearing? Aug. 12 at 10 a.m. in the Senate Appropriations Committee.

Boosting local water conservation efforts

• Refreshing changes.SB 1330 (Archuleta) would clarify several key provisions in the long-term water use standards under a new water conservation rule that would provide greater flexibility, clarity, and cost savings for cities. Cal Cities supports the measure.
• Why it matters. Under the new rule, urban communities will need to conserve more water across the board to reduce the need for mandatory restrictions during the next drought. Cities need the changes and clarifications proposed by SB 1330 to achieve this goal.
• When was the hearing? Aug. 7 at 9:30 a.m. in the Assembly Appropriations Committee.

Organic waste flexibility for rural cities

• Exemption waivers. SB 1175 (Ochoa Bogh) would allow CalRecycle to consider additional factors when determining what constitutes a "low population" community that is exempted from some or all of the state's organic waste diversion requirements. Cal Cities supports the measure.
• Implementation support. AB 2902 (Wood) would give rural communities more time to develop related infrastructure, encourage them to work with other jurisdictions, and provide more training and technical support. Cal Cities supports the bill.
• When are the hearings? Aug. 15 in the Assembly Appropriations Committee and Aug. 12 at 10 a.m. in the Senate Appropriations Committee, respectively.

A small investment for a significant change in composting

• Expediting compost facilities. SB 1046 (Laird) would expedite new compost facilities without compromising environmental review. Cal Cities supports the measure.
• Environmental considerations. The bill would allow local projects to "tier" off more comprehensive state-developed programmatic environmental impact reports to focus on project-specific impacts.
• When is the hearing? Aug. 15 at 10 a.m. in the Assembly Appropriations Committee.

Facilitating compost facilities

• Sample plans and policies. SB 1045 (Blakespear) would require the Office of Planning and Research and CalRecycle to detail the best practices for siting composting facilities on its website as a resource for local governments. Cal Cities supports the measure.
• 50-100. That's the estimated number of new organic waste recycling facilities needed to meet the state's methane emission reduction goals.
• When was the hearing? Aug. 7 at 9:30 a.m. in the Assembly Appropriations Committee.

Two more Cal Cities-supported waste and recycling changes

• Solid environmental wins.SB 1066 (Blakespear) would require producers to manage expired marine flares. SB 1280 (Laird) would require one-pound propane cylinders sold in the state to be reusable or refillable.
• Why it matters. For many products, it costs more for local governments to safely dispose of them than it does to produce or buy them. For example: Flares can cost consumers $13 to $26 but cost local governments $46 or more to dispose.
• When were the hearings? Aug. 7 at 9:30 a.m. in the Assembly Appropriations Committee.

New and improved Household Hazardous Waste program

• Producer responsibility. SB 1143 (Allen) would create a new program for managing common hazardous wastes like cleaning products, paints, and fire extinguishers - much like the plastics recycling program established by SB 54 (Allen, 2022).
• Don't we already have this? Yes, but no. The current program is underfunded, inconvenient, and does not collect most of what is generated. Like SB 54, manufacturers would reimburse local governments for waste collection and management.
• When were the hearings? Aug. 7 at 9:30 a.m. in the Assembly Appropriations Committee.

Streamlining hydrogen fueling could be dangerous and increase costs

• Another unfunded mandate.SB 1418 (Archuleta) would force every city to create an expedited permitting process for hydrogen-fueling stations. Cal Cities will oppose the measure unless the bill includes funding and clarity and ties implementation to local demand, among other changes.
• Expeditated review bypasses well-founded concerns. This measure proposes a one-size-fits-all approach regardless of market conditions, existing technology, storage complexities, local resources, and other state permitting requirements. Expediting a process involving a highly volatile and difficult-to-contain gas is just plain dangerous.
• When was the hearing? Aug. 7 at 9:30 a.m. in the Assembly Appropriations Committee.

Improved bike safety and access

• Removing bureaucratic hurdles. SB 689 (Blakespear) would make it easier for coastal cities to convert motorized vehicle lanes into dedicated bicycle lanes. Cal Cities supports the bill.
• A demonstrated need. Most cities need to update their local coastal programs to convert motorized vehicle lanes, which can be time-consuming and costly to the detriment of residents. Many amendments require studies and mandatory public testimony.
• When was the hearing? Aug. 7 at 9:30 a.m. in the Assembly Appropriations Committee.

Other bills to watch

Here is one more bill city leaders need to know about.

Gut-and-amend wildfire bill

• Fire hazard severity zone changes. SB 610 (Wiener) would dramatically change the state's wildfire hazard maps to create a consistent approach to wildfire mitigation across all fire-prone areas of the state. Cal Cities has a concerns position and is calling for several critical changes that would incorporate local agency fire-hazard designations in the proposed regulatory process and help maintain transparency. More changes are likely forthcoming in the next week.
• When was the hearing? Aug. 7 at 9:30 a.m. in the Assembly Appropriations Committee.

View all tracked bill hearings

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