Assembly Floor

Addis, Aguiar-Curry, Alanis, Alvarez, Arambula Bains, Bauer-Khan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Carrillo, Cervantes, Chen, Connolly, Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Karla, Lackey, Lee, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Rubio, Sanchez, Santiago, Shiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Mr. Speaker.

Members a quorum is present. We ask our guests and visitors in the rear of the chamber and in the gallery to please stand for the prayer and the pledge. Our day's prayer will be offered by our Assembly chaplain, Imam Yasir Khan. Imam Yasir Khan.

In the name of God, the most gracious, the most merciful almighty God, we know that all good comes from you. And this beautiful state in which we live is one of those gifts. We thank you today for the many ways that you have blessed us, from our bountiful natural resources to our freedom to work, to speak, and to worship. And it is because of these blessings that you have also given us a great responsibility to live and to lead by example.

So, by your grace today, I humbly ask that you would help these leaders of our state to bring hope to those that have lost hope. We confess now our need for your help and your guidance. For you have told us in your word to trust not in our own understanding, but to trust you and acknowledge you in all our ways. And you would make our path straight. May we do this today and in the future? Amen.

We ask that you remain standing and join us in the flag salute Please join Assembly Member Ting as he leads us in the nation's pledge.

Members I pledge allegiance to the flag. And to the Republic under God, indivisible, with liberty and justice for all.

Thank you. You may be seated. Reading of the previous day's journal.

Assembly Chamber Sacramento, Wednesday, May 17, 2023 The Assembly met at 07:00 a.m. The Honorable Juan Korea, Assembly Member, 39th District presiding Chief. Clerksy park at the desk. Reading Clerk David A. Bowman. Reading roll call. The following replaced upon the morning roll call. 72 Addis Aguiar Curry, Alanice Alvarez, Arambula. Bains

Ms. ... moves and Mr. Mathis seconds that the reading of the previous day's journal will be dispensed with presentations and petitions. There are none. Introductions and references of bills will be deferred. Reports of committees will be deemed read and amendments deemed adopted. Messages from the Governor there are none. Messages from the Senate there are none. Moving to motions of resolutions, the absences for the day for illness, Assembly Member Wilson and for personal business, Assembly Members of Essayli Flora and Villapudua... Leader Reyes, you're recognized for your procedural motions.

Thank you, Mr. Speaker. I request unanimous consent to suspend Assembly Rule 118 A to allow Assemblymember Shiavo to have a guest seated at her desk tonight

Without objection such shall be the order.

I request unanimous consent to suspend Assembly Rule 56 to allow the following committees to notice. Bill's pending receipt to allow Housing and Community Development Committee to notice SB 34 and SB 229 Umberg for a hearing on Wednesday, July 12th pending rereferral from the local government. Committee to allow the Privacy and Consumer Protection Committee to notice SB 785 Caballero and SB 829 Wilk for their hearing on Tuesday, July 11.

Pending rereferral from the Arts, Entertainment, Sports and Tourism Committee, and to also allow them to notice SB 74 Dodd pending a rereferral from the Accountability and Administrative Review Committee

Without objection such shall be the order.

I request unanimous consent to withdraw SB 124 from the Budget Committee to allow Assemblymember Ting to take up the measure today without reference to file for the purpose of third reading.

Mr. Mathis. For what purpose?

We object to unanimous consent.

Very well. There will be a roll call. Vote Clerk will open the roll. Majority leaders asking for an aye vote. Mr. Gibson seconds. All those vote who desire to vote. All those vote who desire to vote. Clerk will close roll and tally the votes. Ayes 41, noes 11. Rules suspended. Motion passes. Assembly Leader Reyes.

I request unanimous consent to re refer the following measures to the Budget Committee. Item 79 SB. 102, item 80, SB. 103. Item 81 SB. 116 item 82, SB. 118 item 83, SB. 119, item 84, SB. 120, item 85, SB. 121, item 86, SB. 127, item 87, SB. 128. Item 88, SB. 130 and item 89, SB. 134.

Without objection such shall be the order.

I request unanimous consent to request the Governor to return AB 988 Mathis and that the action be rescinded whereby the Bill was reported correctly enrolled and presented to the Governor on June 23, 2023, and that the Bill be returned to the Senate for further action.

Without objection so shall be the order.

There are Committee reports at the desk that have been deemed read and adopted. I request unanimous consent to allow Assembly Member Luce Rivas to take up SB 145, SB 146 and SB 150 and Assemblymember Bayer Cahan to take up SB 147 without reference, to file for the purpose of third reading.

Mr. Mathis. For what purpose?

We object. Unanimous consent.

Very well. Mr. Mathis objects. So Ms. Reyes moves and Mr. Gibson seconds on this motion. The Clerk will open the roll. All those vote who desire to vote. All those vote who desire to vote Clerk will close the roll. Tally the votes. Ayes 44, noes 10. The motion passes. And Ms. Reyes.

I request unanimous consent to suspend Assembly Rules 63 and 77 to allow Assemblymember Ting to take up AB 129 without reference to file for the purpose of concurrence in Senate amendments.

And Mr. Mathis. For what purpose?

We object to unanimous consent.

Very well. Mr. Mathis objects. Ms. Reyes moves Mr. Gibson seconds on the motion. The Clerk will open the roll. All those vote who desire to vote. All those vote who desire to vote Clerk will close the roll. Tally the votes. Ayes 43, noes 11. Motion passes. And Ms. Reyes.

Thank you. Mr. Speaker. I request unanimous consent to withdraw AB 446 Quirk Silva and AB 155 Quirk Silva from enrollment and return the bills to the Senate for further action.

Without objection such shall be the order.

Pursuant to Assembly Rule 96, I request unanimous consent to rerefer SB 6 Alvarado-Gil from the Appropriations Committee to the Revenue and Taxation Committee.

Without objection. Such shall be the order.

Members, before we begin, let's recognize two birthdays this upcoming weekend. Happy early birthday to Assemblymember and doctors Dr. Bains and Dr. Weber, who both celebrate on July second. Thank you. We are moving to business on the daily file. Second reading. The Clerk will read

Senate Bill 61, 246, 270 with Amendments 582 with Amendments 45 with Amendments 339 with Amendments 362 with Amendments 595 with Amendments 565 with Amendments 303 with Amendments 86, 592-834-1392, 412, 510 678, 762, 787, 788, 884, 885, 297, 545 with amendments 433 with amendments 44, four with the amendments 479, 461 with amendments 548 with the Member, 602, 600 and 346 with the Members 201 with the memories 464 with the memories two with amendments 241 with the memories 368 with the Members, 401 with the Members 58 with the amendments 753 with amendments 654-69-2862 with amendments 267 with the And Senate Bill 567 with amendments.

All bills will be deemed read. All amendments will be deemed adopted. Assembly Leader Reyes. You're recognized.

Thank you, Mr. Speaker. At the request of the authors, please remove SB 341. Becker, SB 762 Becker, SB 392 Bradford and SB 712 Portantino from the consent calendar.

The Clerk will note Members at this time will be taking up without reference to file SB 124. The Clerk will read.

Senate Bill 124 by the Senate Committee on Budget and Fiscal Review, an act relating to energy and making an appropriation therefore to take effect immediately related to the budget.

And Assembly Member Ting you may open on the Bill.

Thank you, Mr. Speaker. SB 124 is our second energy omnibus trailer bills. Makes a number of technical changes. Authorizes Ibank and DWR to utilize federal funds to finance projects that reduce greenhouse gas emissions. Makes technical changes to the oil price gouging Bill SBX1 2 to clarify the membership of the work group to consult on the fuels transition plan. Extends the PUC's authority to convene the Diablo Canyon independent peer review panel and makes other technical changes to last year's Diablo Canyon Bill.

Also makes amendments to the energy trailer Bill we just passed on Tuesday. A few technical changes around ensuring the state water project can utilize distributed energy resources to comply with SB 1020, and allowing the procurement of energy imports for this summer if needed for reliability. With that respectfully ask for, I vote on SB 124.

Thank you. Mr. Ting and Mr. Vince Fong. You're recognized on the Bill.

Thank you, Mr. Speaker. Members, I rise in opposition to SB 124. As with pass energy bills, I firmly oppose establishing a central procurement entity within DWR. But this Bill also further complicates needed domestic gasoline production with the creation of another state bureaucracy to micromanage domestic production that does nothing to lower the price of gasoline and could actually exacerbate existing supply problems and increase the price of gas. Members, I am proud to represent the energy production capital of California. Refining capacity is declining.

Domestic energy production is falling in California because of lack of permits being approved by the Governor. This energy is produced by hardworking Californians in the Central Valley and throughout California. But California is an energy island and cannot bring in gasoline from other states. We are Members facing gasoline shortages in the very near future. We need to reevaluate our state's energy policies that focus on reliable or affordable energy. This Bill goes in the wrong direction. I urge a no vote.

Thank you, Mr. Fong. Seeing no other Members wishing to speak on this Bill, Mr. Ting, anything further to close? Very well. Clerk will open the roll. All those vote who desire to vote. All those vote who desire to vote.

Clerk will close the roll. Tally the votes. Ayes 50, noes 10. The Bill is passed. Next, we will take up for concurrence Assembly Bill 129 without reference to file. The Clerk will read

Assembly Bill 129 by the Committee on Budget Enact relating to housing and making an appropriation, therefore to take effect immediately. Bill relates to the budget

And Mr. Ting, you may open on concurrence.

AB 129 is our Housing and Homelessness trailer Bill. In particular, it changes some of the metrics around round five of the HAPP program, encouraging a more regional approach, as well as ensuring that we're focusing on a couple of key metrics. One is how many folks we're actually getting off the streets, and then how many folks we're getting into permanent shelter, really making sure that the money is being spent wisely, and also that we actually have something to show for.

It also transitions HAPP from the California Agency Council on Homelessness so they can focus more on coordination, which is really what they were informed for, and then transferring that to the Department of Housing and Community Development because they have better grant making capabilities with that. Respectfully ask for an aye vote on AB 129.

Thank you, Mr. Ting. Assembly Member Vince Fong. You're recognized on the Bill.

Thank you, Mr. Speaker. I rise in support of AB 129. The rising homelessness crisis gripping California has placed a tremendous need for the Homeless Housing Assistance and Prevention Program funding in my community and across California. Though it is clear that there must be measurable results from this investment, and so we must hold this funding with more accountability. I look forward to continuing to work with my community stakeholders as well as yours to address this crisis head on. I urge your aye vote on this Bill.

Thank you, Mr. Fong. Seeing no other Members wishing to speak on this Bill, if there's nothing further to close, Clerk will open the roll. All those vote who desire to vote. All those vote who desire to vote.

Clerk will close the roll. Tally the votes. Ayes 57, no zero. Senate amendments are concurred in next by Ms. Bauer Khan. This is file item excuse me. This is SB 147. Without reference to file, the Clerk will read.

Senate Bill 147 by Senator Ashby an act related to the fully protected species and declaring the urgency thereof take effect immediately.

And Senator Bauer Khan, you may open on the Bill.

Thank you, Mr. Speaker and Members. I rise on behalf of Senator Ashby to present SB 147. SB 147 authorizes until January 2034 the Department of Fish and Wildlife to authorize the permit to take a fully protected species resulting from impacts attributable to the implementation of specified projects only if certain conditions are satisfied.

The Bill ensures that we rise to the level necessary to protect these species, that they continue to report to the Legislature that we maintain the list of fully protected species and additional protections that are all important to protect the species while allowing California to build. With that, I respectfully ask for your aye vote.

Thank you, Ms. Bauer Khan. Seeing no other Members wishing to speak on this Bill, Clerk will open the roll. All those vote who desire to vote all those vote who desire to vote.

Clerk will close the roll, tally the votes. Ayes 59, no. Zero on the urgency. Ayes 59, no. Zero on the measure. Bill passes next by Ms. Rivas. This is file SB 145. Without reference to file, the Clerk will read.

Senate Bill 145 by Senator Newman an act relating to transportation, declaring the urgency of to take effect immediately

And assemblywoman Rivas. You may open on the Bill.

Good evening, Mr. Speaker and Members. I rise to present SB 145 on behalf of Senator Newman. SB. 145 includes two proposals from the governor's infrastructure package that impact the California Department of Transportation or Caltrans. First is an accelerated environmental mitigation for Caltrans. SB 145 implements several recommendations from the Transportation Permitting Task Force report in order to accelerate environmental mitigation for transportation projects. To address environmental impacts, transportation projects must comply with applicable environmental laws and regulations.

However, delays in procuring mitigation tools can increase project costs and delay construction. As a result, these delays lead to negative economic, environmental and community impacts while the underlying transportation issues go unresolved. This Bill streamlines the implementation of environmental mitigation measures for the efficient delivery of Caltrans projects to meet regulatory requirements and conservation goals.

Secondly, SB 145 authorizes Caltrans to enter into an enforceable contract with Brightline West to construct three dedicated wildlife crossings over Interstate 15 as part of the Brightline West high speed rail project between California and Nevada. Caltrans, California Department of Fish and Wildlife and Brightline West entered into an agreement on January 11, 2023 to build three dedicated wildlife overcrossings.

These dedicated overcrossings will provide a sustainable and safe path for wildlife over the existing highway lanes and the future high speed rail system to be built within the median of the existing freeway. While Caltrans could ordinarily enter into cooperative agreements with public agencies on transportation projects to partner on project delivery and funding, they do not have statutory authority to enter into a direct agreement with Brightline West to complete the wildlife crossings using the state's funds.

SB 145 would allow Caltrans to directly contract and collaborate with Brightline West to construct environmentally beneficial wildlife crossings across transportation infrastructure while avoiding conflicts between projects built simultaneously. I respectfully ask for an I vote.

Thank you, Ms. Rivas. Assembly Member Juan Carrillo you're recognized on the Bill.

Thank you, Mr. Speaker and Members. I'm standing up proudly supporting SB 145, particularly because of the project bright line going through the high desert. It is imperative that these wildlife crossings get constructed at the same time. Looking forward to that project and I stand in strong support. Thank you.

Thank you, Mr. Carrillo. And seeing no other Members wishing to speak on this Bill. If there's nothing further to close, the Clerk will open the roll. All those vote who desire to vote, all those vote who desire to vote. Clerk will close the roll. Tally the votes Ayes 62, noes zero on the urgency. ayes 62, noes zero on the measure. The Bill passes and Ms. Rivas, we will take up again without reference to file SB 150.

The Clerk will read Senate Bill 150 by Senator Durazo, an act relating to construction, declaring the urgency thereof to effect immediately

Assemblymember Rivas you may open on the Bill.

Thank you, Mr. Speaker and Members. I rise to present SB 150 on behalf of Senator Durazo. The manufacturing sector does not currently contain the same worker protections that are included in our public work sectors, such as requiring prevailing wage and the use of employment apprentices. The Federal Infrastructure Investment and Jobs Act or the IIJA, the Inflation Reduction act and the creating helpful incentives to produce semiconductors act or chips is estimated to bring over 752,000,000,000 in infrastructure investments to rebuild roads, bridges and rail.

Improve access to drinking water, expand access to reliable and affordable high speed Internet, address climate change and bolster US Leadership in semiconductor research, development and manufacturing. California's share of these federal funds provides a unique opportunity to promote equity in access to construction and manufacturing careers to maximize benefits to communities like mine that have been historically marginalized in the economy.

SB 150 is focused on strengthening California's commitment to a worker centered equitable economy by setting up a group of experts to make recommendations on incorporating core standards in contracts and procurement. This Bill requires these recommendations to be developed in consultation with specified state agencies and stakeholders to ensure equity and access to these high quality jobs.

SB 150 states the intent of the Legislature is to develop procurement models in alignment with initiatives to enhance the state's training and access pipeline for quality jobs and the application of community benefits on infrastructure and manufacturing investments. This Bill requires the inclusion of community benefits in project labor agreements entered into by a state agency for projects of 35 million and above in construction costs.

In addition, SB 150 requires the labor and Workforce Development Agency, the Government Operations Agency and Transportation Agency to develop and provide contractual and procurement model recommendations that maximize benefits to disadvantaged communities. I'd like to thank the group of Senators that worked on this Bill. I'm very excited that we're including equity measures as part of this infrastructure package. And I respectfully ask for an aye vote.

Thank you, Ms. Rivas. Seeing no other Members wishing, excuse me, Mr. Carrillo, you're recognized on the Bill.

Thank you, Mr. Speaker and Members, and I also rise in strong support of SB 150. But I just want to make sure that, to go on the record, that this equitable economy and high quality jobs that go throughout the state, they also go to communities like the ones that I represent. Unfortunately, what we've seen in the past, what I've experienced, is that a lot of these monies goes to high populated areas like Los Angeles, San Francisco.

Just want to make sure that some of that money comes to areas that I represent, which are about 60 miles away from Los Angeles. Unfortunately, not enough resources go there. Just want to, again, make sure that that is taken into consideration when these jobs and equitable jobs come to those communities in rural areas like the Central Valley as well. Thank you.

Thank you, Senator Carrillo. And seeing no other Members wishing to speak on this Bill, with nothing further to close, Clerk will open the roll. All those vote who desire to vote. All those vote who desire to vote.

This will require 54 Members. Clerk will close the roll, tally the votes. Eyes 54 knows nine on the urgency. Ayes 54 is noes nine on the measure. The Bill passes. Members, we will have one more item which is not yet eligible. In the meantime, we're going to take up our consent calendar in the interest of time, and we have no resolutions. So does any Member wish to remove an item for the consent calendar? Seeing and hearing none. The Clerk will read the second day.

Consent calendar, Senate Bill 477, by the Committee on Housing an act relating to Land Use and declaring the act can take effect immediately.

Clerk will open the roll on the consent calendar. All those vote who desire to vote. All those vote who desire to vote. All those vote who desire to vote. This is on the consent calendar. Clerk will closer roll, tally the votes. Ayes 68, noe, zero. The consent calendar is adopted. Ayes 68, noes zero on the urgency. Ayes 68, Noes zero on the Bill. Members, at this time, we are going to take a brief recess under call. We are recessed until 945 under call, so we may not leave. I will see you back here at 945. Again, the quorum call is in place.

Members, we are returning from recess. Members, we ask that you return to the floor so that we'll be ready to take up our final Bill. I understand there's a request to entertain a vote change and Assembly Member Addis, you're recognized at your desk.

Vote change for 147 from aye to not voting.

Vote change. Assembly Member Addis Senate Bill 147 aye to not voting.

Members, at this time we're prepared to take up our final Bill. We are going to take up, without reference to file, SB 146. The Clerk will read.

Senate Bill 146 by Senator Gonzalez, an act related to public resources, declaring the urgency thereof to effect take immediately.

As Senator Rivas, you may open on the Bill.

Thank you, Mr. Speaker and Members, I rise to present SB 146 by Senator Gonzalez. SB 146 includes three proposals of the Governor's infrastructure package. The first is NEPA for Caltrans or CalSTA. Sorry. Currently the secretary of the California State Transportation Agency's authority for the National Environmental Policy Act. Delegation Authority, or NEPA. Delegation for rail, public transportation and multimodal projects will sunset January 1, 2025.

CALSTA's Authority over NEPA for highway projects has resulted in significant time saving in environmental reviews and approvals, and provided greater accountability through monitoring. Additionally, reducing these delays will save our State tens of millions of dollars. This authority has proven to be an effective tool for our state. SB 146 extends the Sunset for CalSTA's authority for NEPA delegation through 2033. 2nd, this Bill contains something related to progressive design build authority for the Department of Water Resources and Caltrans.

State law generally requires state agencies to use a Low bid design bid build procurement process for public works projects. This requires the full design of the project to be completed before soliciting bids and awarding contracts. This can be costly and inefficient for large, complex projects. Awarding a project prior to the completion of all design work can potentially result in lower costs and Shorter delivery schedules.

SB 146 would authorize the Department of Water Resources and Caltrans to pilot the progressive design build method of contracting on up to eight projects per Department. Lastly, SB 146 would allow Caltrans to expand its use of the job order contracting procurement method to provide a more efficient and cost efficient procurement method for short duration and repetitive types of highway projects. I respectfully ask for an aye vote.

Thank you, Ms. Rivas. And seeing no other Members wishing to address this Bill, Clerk will open the roll. All those vote who desire to vote. All those vote who desire to vote, the Clerk will close roll. Tally the votes ayes 66 noes zero on the urgency. ayes 66 noes zero on the measure the Bill passes. Our session schedule is as follows tomorrow, Friday, June 30, floor session at 09:30 A.m.. All other items will be remaining will be passed and retained. All motions shall be continued.

Seeing and hearing no further business, I'm ready to entertain a motion to adjourn, Ms. Nguyen moves and Mr. Ta seconds that this house stands adjourned until tomorrow, Friday, June 30. At 09:30 a.m., the quorum call is lifted. Um.