Senate Standing Committee on Local Government
- MarĂa Elena Durazo
Legislator
Good morning. The Senate Committee on Local Government will begin in 60 seconds.
- MarĂa Elena Durazo
Legislator
The Senate Committee on Local Government will come to order. Good morning, everyone. Welcome. Thank you for joining us for this meeting of the Senate Committee on Local Government. The Senate welcomes the public in person and we are holding our Committee hearings here in the Capitol building.
- MarĂa Elena Durazo
Legislator
I ask all Members of the Committee to be present in room 112 so that we can establish our quorum and begin our hearing. We have 18 bills, easy, on today's agenda, five of which are on consent.
- MarĂa Elena Durazo
Legislator
File item number three, SB392. File item number five, SB781. File item number eight, SB639. File item number nine, SB658, and file item number 15, SB595. Also file item 16, SB828 has been pulled at the request of the author. We don't have. We do not have quorum. Okay.
- MarĂa Elena Durazo
Legislator
We're going to move ahead even without our quorum as a Subcommitee. Okay. Okay. We're going to hear from our first author. Our first first author should be Senator Blakespear, but she's not here. Senator Cortese, do you want to jump ahead? Okay. Let's see Your item number seven, SB545. Senator Cortese, you may begin.
- Dave Cortese
Legislator
Thank you. Thank you, Madam Chair and Members of the Committee. Of course, I want to thank the Committee first and foremost for their assistance in drafting clarifying amendments that I will be accepting. I'm pleased to present the Bill, a work in progress for several months now.
- Dave Cortese
Legislator
As you can imagine, this Bill seeks to advance economic opportunities along the high speed rail corridor by requiring the Office of Land Use and Climate Innovation to Commission a study on developmental potential with significant residential and commercial growth expected along the nearly 400 mile corridor.
- Dave Cortese
Legislator
The study will help guide the state in leveraging these opportunities to support infrastructure funding. A new poll from Politico and UC Berkeley Citron Center suggests that California voters are still largely supportive of the state's $100 billion high speed rail project.
- Dave Cortese
Legislator
Roughly two thirds of registered voters said they support the effort, with the figure climbing to 82% among Democrats. The project's favorability among California voters remains strong despite recent efforts to eliminate federal funding. The project has already created over 14,600 high quality jobs, engaged 880 small businesses, and will prevent 142 million metric tons of carbon dioxide emissions.
- Dave Cortese
Legislator
At last count, there were 31 open construction sites active at this time. The Bakersfield and Merced line is 100% environmentally cleared 119 miles are under construction right now. These investments have generated over $22 billion in economic impact, primarily benefiting communities in California Central Valley.
- Dave Cortese
Legislator
However, private investment and partnerships have been lagged and haven't really been counted or projected. That's the idea with the Bill. When voters passed Prop 1A, the $9.9 billion bond to provide the nation's first high speed rail project, the vision was that the state would cover one third of the cost.
- Dave Cortese
Legislator
The Federal Government would provide one third of the cost. That hasn't happened, of course, and private investors would provide the remaining third. And that's really where this study comes in. That vision is yet to materialize, but it's why we introduced the Bill.
- Dave Cortese
Legislator
The Bill sets the foundation for leveraging commercial and residential development along the high speed rail corridor to create jobs, attract businesses and generate new revenue streams that will help fund construction and boost the economic opportunity for local communities. Just as final clarification on my opening, I'm more than happy to answer questions later through the Chair of course.
- Dave Cortese
Legislator
There's huge opportunity and it's actually very easy to see for those of us who've had the opportunity to go down and take a look at the site, take a look at the viaduct construction that's going on now.
- Dave Cortese
Legislator
And it's much, much different than the typical rail corridors we see in our urban areas, where you try to get station development, development around stations within a very small radius, relatively speaking. People's movement to and from the stations is a relatively short distance.
- Dave Cortese
Legislator
Typically in places like San Francisco, Los Angeles, even in San Jose, we try to keep our light rail lines, you know, 800 ft from pedestrian corridors, for example, so that people can get there. This is a completely different animal.
- Dave Cortese
Legislator
This is people in the first leg of this project more than willing to get themselves 15 minutes away, which could be 15 miles in place like Visalia or Hanford to the station for the opportunity to get on a train that's going to bring them at 220 miles an hour, you know, great distances. So there's scale.
- Dave Cortese
Legislator
And that scale tells us therefore that the corridor for development, for opportunities for development is much wider than we would normally see, if you want to think of it that way from an aerial view, than probably anything we've ever seen in the country, certainly anything we've seen in California.
- Dave Cortese
Legislator
So I can talk about that all day long as a professional developer by, by trade, now a Legislator, But I don't have the facts and figures. And you know, what will prevent us from having to talk about this in general terms in the future will be actual analytics that are in a study.
- Dave Cortese
Legislator
Today we have with us Joe Cruz, Executive Director of the California State Laborers. And she's not showing up in. Yeah. Keith Dunn is going to be our other witness today. I'll let them further self introduce.
- Dave Cortese
Legislator
Madam Chair, thank you very much for the opportunity and at the appropriate time, I'd respectfully ask for an aye vote.
- MarĂa Elena Durazo
Legislator
Thank you. Before we move on with your key witnesses, we want to establish the quorum that. Now I know we have sufficient Members on the Committee. Assistant.
- MarĂa Elena Durazo
Legislator
Thank you. Assistant notes a quorum has been established. Now we can proceed with Mr. Cruz.
- Joseph Cruz
Person
Madam Chair, thank you for the opportunity. And Senator Cortese, thank you for your commitment to this transformational project. High speed rail in California will at some point change our transportation economics and employment opportunities in the Central Valley and across the state for generations to come. The laborers is comprised of 80,000 hard working men and women.
- Joseph Cruz
Person
With projects like high speed rail, we're really changing lives. We're changing lives for people of color, for women and for second chancers. Every single day in the Central Valley we have 600 laborers alone working on high speed rail. And those are really good middle class jobs. Can we do better to improve efficiencies and transparency and product delivery?
- Joseph Cruz
Person
Of course we can and we should. And I think our officials who run the project are committed to doing that. SB 545 sets the foundation for leveraging commercial and residential development along the high speed corridor.
- Joseph Cruz
Person
It will attract new jobs, higher paying jobs in Central Valley and create and generate revenue streams to Fund the construction, operation and long term maintenance of the project. The Senator already went into details about the overall benefits as far as the economy.
- Joseph Cruz
Person
And I'll just say it's important that we build this project out and we try to attract private investment, create new opportunities and continue to grow our state. We're now the fourth-largest economy in the world.
- Joseph Cruz
Person
And it's because of our investment in infrastructure projects like high speed rail that will continue us to grow and be successful across the state. So thank you for the opportunity. I respectfully urge your aye vote for SB 545.
- Keith Dunn
Person
Thank you. Madam Chair, Members of the Committee, Keith Dunn here. I represent the California Building Construction Trades, the District Council of Ironworkers and today I'm here also for the Association of California High Speed Trains, which is a collection of labor and management and investors that are looking at California's opportunities with regards to high speed trains.
- Keith Dunn
Person
Sometimes we come and have tougher discussions about high speed rail and the future of the project of which Joe and I have been a part of for a very long time.
- Keith Dunn
Person
To me, this is one of the easier discussions to have because we're really talking about looking at opportunities where local governments and others can look to invest and attract investments to do transit oriented development last mile solutions.
- Keith Dunn
Person
And really as this project comes closer to laying rail and doing all the positive things that I think you're going to hear more about from the authority and others in the near future.
- Keith Dunn
Person
You know, talking about how we do these interconnections and really this Bill is about information so that investors and local governments and others can look at how they make these interconnections on those last miles. Because as the Senator mentioned, you know, sometimes these opportunities for investments are going to be a mile further away.
- Keith Dunn
Person
But talking about how we can make those interconnectivity connections with housing to get them to those mass transit opportunities, any of you that have been to the East Coast, Chicago, Europe, other places, see how well those systems work.
- Keith Dunn
Person
And really this is going to provide that opportunity to get the information not only to the private sector, but who I can tell you is interested in this project. Discussions are happening, I know, because we're part of them. They're very interested in investing in California, a state that's the fourth-largest economy in the world.
- Keith Dunn
Person
Providing those information and tools and opportunities is going to do nothing but help attract those investors that come in earlier. So we're really supportive and optimistic that as we continue to improve and adjust to deliver savings and efficiencies in the actual building of the system, that we're also able to provide information to potential investors.
- Keith Dunn
Person
And again, those are real, people are looking at those investment opportunities. I think you're going to start hearing more from them soon. So we think this is an easy build to support for everyone. I think everybody wants information and opportunities and this is what the Bill does.
- MarĂa Elena Durazo
Legislator
Thank you. Thank you very much. Anyone who wants to speak in support of SP 545, please, please come to the front and give your name and organization.
- Gus Khouri
Person
Thank you. Madam Chair Gus Khouri, on behalf of the San Joaquin Valley Regional Policy Council, which represents the eight cogs in the San Joaquin Valley, in strong support thank you.
- Felipe Fuentes
Person
Good morning Madam Chair. Felipe Fuentes here on behalf of the Associated General Contractors of California in strong support.
- Maria Gavedia
Person
Good morning. Maria Gavedia on behalf of Climate Action Network in support.
- MarĂa Elena Durazo
Legislator
Thank you. Anyone else in support? Seeing none. Anyone in opposition to SB545? Okay. Nobody. Good morning.
- Nick Cammarota
Person
Good morning Madam Chair Members. Nick Cammarota, on behalf of the California Building Industry Association. I guess I want to first say that we were one of the groups that supported the bond for high speed rail in 2008. Things have of course changed during that time, particularly in the housing market.
- Nick Cammarota
Person
But they are supporting, excuse me, our support for the high speed rail continues. That said, I think I don't need to remind everyone that we're in a housing crisis and when we talk about raising more funds for anything, high speed rail or any other type of infrastructure, we get concerned.
- Nick Cammarota
Person
If you're going to use homes, new homes for Californians who are seeking to rent or to buy because the data we receive daily from consumers is they can't afford what we have today. If we're going to proceed with this, we need to do it in a way that doesn't increase cost to produce housing.
- Nick Cammarota
Person
Our opposition to this particular measure is very much informed by our experience with the Office of Land Use and Climate Innovation as they went through their VMT process. I will say politely that we gave them estimates for costs and politely they were ignored. Our estimates were $46,000 to $461,000. As it turns out, we were low.
- Nick Cammarota
Person
They were $2 million. And I would say that not only have they been used in a way to deny projects, but especially projects that were promised to be benefited by this infill projects. And now the courts have reinforced that outcome. So having said all that, we have had some conversation with the author who we understand.
- Nick Cammarota
Person
Yeah. Who we understand comes from the development community and is not intending this outcome. But we need to come up with a solution that works for everyone. And for that reason we are opposed. But we wish to continue conversations with the author and even some of my friends who are the sponsors.
- MarĂa Elena Durazo
Legislator
Thank you. Anyone else in opposition to SB 545? Okay, seeing none. We'll come back here to the dias. Any questions or comments? Anybody?
- Steven Choi
Legislator
Thank you, Chair. I know this high speed rail has been topic of the over 10 years since it was introduced, 2008. I know the initial cost estimate was 33 billion to now it's about four times more, 130 billion. And then also Federal Government has decided not to fund it anymore.
- Steven Choi
Legislator
And enough study has been conducted before groundbreaking from Merced to Bakersfield. And now the progress report, this will add another cost. And then also how it will help actually, you know, putting the rails and train on the rail.
- Steven Choi
Legislator
Now even this short distance is costing so much in the delay after what, how many, 17 years since it has been introduced. So from some original target from San Francisco to LA, when is going to be, you know, possibly developed. And it was interesting, the lead witness mentioned that there was some foreign interest for investment.
- Steven Choi
Legislator
I was informed by the consultant originally there was approach from foreign government from France that they might be interested in working with California. But they found out too many regulations and they gave up and they left.
- Steven Choi
Legislator
And so I would like to know more specifics about what the foreign interest, what dialogue is going on and how this report, what I heard report was that the current status without the study, it has been already, you know, some tracks, the ground has been laid, but no tracks, no trains anywhere.
- Steven Choi
Legislator
So what, you know, this another study will benefit for expediting this process of putting the train on the rail. I'm curious if you can mention. You know, lead witness may have a. Yeah. Or you either one. Okay, go ahead.
- Dave Cortese
Legislator
Yeah, you made a lot of certainly appropriate comments about the rail project itself. This study is with regard to the corridor around the rail project. And to figure out as this rail project continues to be built, it's under construction right now, what opportunities exist in terms of development, you know, throughout that 400 mile corridor.
- Dave Cortese
Legislator
I know you've traveled to Taiwan and you've seen the high speed rail there which the Taiwanese government, the Taiwanese government attributes the development of five Silicon Valley equivalents tied to the five destinations of the high speed rail triggered by the rail project itself.
- Dave Cortese
Legislator
That's what we're talking about here, economic development as something that's ancillary but extremely important to California that would be in the corridor of this project.
- Dave Cortese
Legislator
So I'm not here to tell you whether or not the past has been good or bad in terms of high speed rail investment, but what the future could hold in terms of economic development around it. I don't know if the witnesses have.
- Keith Dunn
Person
Through the Chair, thank you. First of all, I'd just like to say to my very good longtime friend from the Building Industry Association, you know, we support having good information so that the right economic decisions can be made. So we want good information. We want it to be processed correctly.
- Keith Dunn
Person
And I would argue that the reason that we want to have this Bill put forth is so that we can have that information. And we will work, and I will pledge to my good friend that we will work to make sure that that information is valid, accurate and used appropriately.
- Keith Dunn
Person
So let me first say that with regards to interest, you know, I can't speak to why the government of France may or may not have decided they want to put a pause on things, but I can tell you absolutely that as we sit here today, we have other interests from other countries.
- Steven Choi
Legislator
Can you specify other country interests, which countries you are talking about, what kind of dialogues you are being made?
- Keith Dunn
Person
Well, I'm not going to get into specifics of conversations, but I can tell you that there are investors who have investments in European rail who are from Europe who are going to be in Sacramento this week. And those discussions are going forward. And I'm sure that the authority would be happy to get into more specifics of that.
- Keith Dunn
Person
But I'm aware of them because I've interacted with them in the past and visited some of their facilities. So I can tell you with certainty that they're interested and want to know more about how California works and what the opportunities are. Because California is still the fourth, as of recently, largest economy in the world.
- Keith Dunn
Person
And these other nations see and recognize that despite our troubles, despite our issues, they see that the new leadership at the authority is going to take those changes to heart, make adjustments, streamline the progress and program, and they're interested in looking at opportunities.
- Keith Dunn
Person
And bills like 545 are going to provide the information so that they can partner with the City of Fresno, potentially the City of Burbank and other places that the rail is eventually going to get to to look at opportunities. And I can tell you that those discussions are very real.
- Steven Choi
Legislator
Yeah, Senator Cortese mentioned that Taiwanese high speed rail which I rode a couple of weeks ago, and Senator Cortese was supposed to come along with us, but he could not make it finally. But I know once that rail is laid, it is smooth and very operational and very well. Ride was very good. So there are some benefits.
- Steven Choi
Legislator
But why in 17 years we have delayed, delayed and just let the cost keep on going up. And the current dialogue, that investment by foreign countries, is that like a stock market investment? What the return on investment? Is that what they are expecting or are they interested in taking it over, actually building more efficiently than we can?
- Steven Choi
Legislator
And if you can give us some hope in that area because that is a very feasible direction we should take.
- Keith Dunn
Person
I think high speed rail offers lots of opportunities, and those are all questions that are way above my pay grade.
- Kelly Seyarto
Legislator
All right. I am not going to rail on rail. And we've had plenty of hearings. We do that. What I do want to talk about is the timing of a study now versus where we're at on timelines with potential rail. You know, just the one part of it is like 30, by 2033.
- Kelly Seyarto
Legislator
And I don't want to pay for studies that we're going to have to redo. But I also don't want to have an economic forecast study that turns into the reason we can do another bond and go down, you know, continue the cycle.
- Kelly Seyarto
Legislator
I want to see some train and real potential before we lay into and invest in a study, because once we really know that it's going to be there, then there's some of that talk. But I'd like us to see. I want to put everybody to work. I want everybody to work.
- Kelly Seyarto
Legislator
And we have so many projects in California where we can invest in infrastructure that will actually help an effort along whatever corridor is going to grow and build cities so that we can have housing and stuff. But right now we're so infrastructure poor that we cannot support the housing that we need.
- Kelly Seyarto
Legislator
And, you know, we need to start putting in those flood control channels. We need to start putting in the roadways where we need roadways and rail where we need rail. But we're kind of distracted from doing all that. And I want our workforce to go to work doing those things.
- Kelly Seyarto
Legislator
And in fact, I think we could probably hire so many people to do all those and get it done that we'd probably have to train more people to do it because there is a lot. I know in my district, we are certainly hurting for trying to accommodate growth.
- Kelly Seyarto
Legislator
And that's what, you know, at the end of the day, that's what this is all about and attracting those jobs. You know, there's a lot of whining about the national picture right now, but there's also some opportunity there. But California has to position itself to be able to take advantage of that.
- Kelly Seyarto
Legislator
And that means looking at our regulatory environment and looking at some of these other issues and saying, hey, we are a good place to come do business, and you set up your manufacturing or your chipmaker, whatever it is, in some of these regions and then we can start connecting them, whether by railroad or whatever it needs and providing housing and you know, it's that, that bigger piece of the puzzle that I think we need to be working on.
- Kelly Seyarto
Legislator
And perhaps this does have some merit, but I don't think 2027 is going to be helpful. In fact, it might. The study itself might be really premature in regards to what may happen between now and 2027 or 2033. So that's why it's hard for me to be on board with this. It's not because of the any.
- Kelly Seyarto
Legislator
You know, I agree, I want to put people to work, but it's. I think we have other ways to do that right now and allow the project to come to more fruition to gain the confidence in the public to be able to support more investment in other things related to it.
- Kelly Seyarto
Legislator
And so that's where I'm kind of at right now, especially with my district.
- Dave Cortese
Legislator
I just wanted to say I appreciate the idea of where 2027 will land relative to what we need to know. In fact, we have discussed and we may end up amending the Bill, you know, to some extent to, to indicate what's first blush, high level analysis coming through.
- Dave Cortese
Legislator
So we have an idea if it's worth it to your point to through and spend more money chasing down particulars because it could very well be that we need early 2027 results and then essentially amendments and deeper dives in the study afterwards.
- Dave Cortese
Legislator
So we've discussed appreciate, actually appreciate hearing that interest from you because it kind of affirms what I was thinking myself. I appreciate it.
- John Laird
Legislator
Just briefly, it's. There's been a lot of talk about infrastructure investment and I worked for a Governor who stood up on the transportation tax and it might have been a partisan divide, but he went to the voters and he won it.
- John Laird
Legislator
And now goods are being moved, transportation is being boosted across the state and it's really that investment that makes the difference. And this is about investment.
- John Laird
Legislator
When there are some local governments that lost the opportunity with redevelopment to do certain things, this gives the opportunity for them to do it next to stations in unusual places or around them and to plan for it and to demonstrate to people what the economic value is. And we didn't get where we were by constantly waiting.
- John Laird
Legislator
We got where we were by investing. And I think this Bill is a piece of that and I would move the Bill.
- MarĂa Elena Durazo
Legislator
Thank you. Any more questions or comments? Seeing none. Your closing remarks, Senator Cortese.
- Dave Cortese
Legislator
Thank you again to the Committee and to the Chair and the Committee staff for helping us and working very closely with my staff, particularly my office staff, my Chief of Staff on this. Appreciate the witnesses today and the support. You know, I know it's kind of traditional to try to address any opposition concerns in a close.
- Dave Cortese
Legislator
I know we don't have a lot of time. But I do want to say that in one letter I received from the opposition, I'll paraphrase, it was indicated that it's insulting to have folks who are not developers who haven't built residential talk to a study that has to do with residential infrastructure. I have invested.
- Dave Cortese
Legislator
I don't know if Mr. Cammarota has done that. I've given some thought to perhaps holding the press conference so we could both compare how many payroll checks we've signed each to contractors and construction employees over the years.
- Dave Cortese
Legislator
But I have developed in urban Santa Clara County, in San Jose, 67 acres, not square feet, acres that's covered with commercial and residential development right now. My family led the annexation efforts to get San Jose extended to its current boundaries. Led those efforts. All right. As private investors. Not as politicians, as private investors.
- Dave Cortese
Legislator
So I think it's insulting to come forward and say that an author doesn't know what it takes to build. I also think it's insulting to say that things like parcel taxes, property taxes and impact fees are in the Bill, which they're not. They are absolutely not.
- Dave Cortese
Legislator
We've had some inquiries as to whether or not fair inquiries, good inquiries, whether or not we are trying to dictate any changes in the code in terms of assessment districts as they are created now in statute. We are not. We've made all these things clear.
- Dave Cortese
Legislator
This is a study to determine whether or not the kind of success that turned the Valley of Hearts Delight in Santa Clara County into the richest county in the country and the top 25 Gross Domestic Product county in the country as compared in the nation, as compared to all countries, can be replicated along this corridor.
- Dave Cortese
Legislator
I believe it is because my generation led that effort in Santa Clara County.
- Dave Cortese
Legislator
My generation worked with Northern California Building Association Members, CBIA Members, to make sure that those opportunities existed, to make sure that little things like contributing your fair share to infrastructure, to streets, curbs, street lights and those kind of things, neighborhood parks and community benefits occurred.
- Dave Cortese
Legislator
So we would have fully developed communities at the end of the day, which I'm proud to say we do now in Santa Clara County. This is a greenfield development opportunity that the building industry hasn't seen in this state in decades. And I think it should be embraced.
- Dave Cortese
Legislator
I appreciate those folks who are here as witnesses and supporters embracing it. Madam Chair, I thank you for your own support and I look forward to getting this done. It's my first hearing with, .Transportation Committee hearing where the high speed rail authority presented.
- Dave Cortese
Legislator
I asked the question what have you done to evaluate the prospective billions of dollars worth of development along this corridor? And the answer was nothing. That was a year ago. We're moving as quickly as we can. Senator Seyarto, I know you are on that Committee to start answering those questions. That's what the bill's all about.
- MarĂa Elena Durazo
Legislator
Thank you, Senator. Thank you very much. The motion has been made by Senator Laird. Assistant, please call the roll.
- Committee Secretary
Person
The motion is do pass as amended to the Committee on Appropriations. [Roll Call]
- MarĂa Elena Durazo
Legislator
Okay, we've. It's 32. And we will hold the Bill on call. Thank you all very much for. For coming today. We're going to go back. Thank you, Senator Blakes beer for your patience. We're going to go back to item number one, Senate Bill 92.
- John Laird
Legislator
While the author is getting seated, I would move the five items on the consent agenda.
- MarĂa Elena Durazo
Legislator
Thank you. Yes. Okay. Motion is made for the consent calendar by Senator Laird. Please call the roll.
- MarĂa Elena Durazo
Legislator
The vote is 5-0. We'll hold the Bill on call. Senator Blakespear, thank you. Good morning. Thank you very much.
- Catherine Blakespear
Legislator
Thank you, Chair and hello, colleagues. I am here today on SB92 and I will be accepting the Committee amendments. I appreciate the work of Committee staff and the chair on this Bill. So SB92 closes a loophole in state density bonus law to ensure that density bonus projects contribute meaningfully to the state's affordable housing supply.
- Catherine Blakespear
Legislator
Specifically, SB92 requires that zoning incentives, concessions and waivers that allow for an increase in project floor area be used only for the residential component of density bonus projects. Last fall, a project in my district proposed in the Community of Pacific Beach exposed a glaring flaw in our density bonus law.
- Catherine Blakespear
Legislator
By adding just 10 affordable housing units to the project. The developer could use the density bonus law to exceed the community's 30 foot height limit and build a 22 story 240 foot tower with 139 luxury hotel rooms.
- Catherine Blakespear
Legislator
They were able to use the increase in floor area ratio that was allowed under density bonus law to build hotel and commercial space, not residential. This is not consistent with the spirit of density bonus law which is what's prompting this Bill.
- Catherine Blakespear
Legislator
The density bonus law was intended to encourage developers to build affordable housing as part of their project. It was not to, as in this case, give developers an easy way to supersede local restrictions to build a project that was large and commercial and had very little housing. That's the way it can be used.
- Catherine Blakespear
Legislator
Today, the Department of Housing and Community Development, or HCD, sent a letter to the City of San Diego in response to this project.
- Catherine Blakespear
Legislator
And one sentence from that said, an interpretation that a project with the minimum of five residential units is entitled to an infinite amount of non residential floor area is an absurd outcome and does not further the purpose of the law that's coming from HCD. In other words, this law should be incentivizing the building of more affordable housing.
- Catherine Blakespear
Legislator
We do not have a shortage of luxury hotel rooms in the State of California. We have a shortage of lower cost housing. SB92 ensures the density bonus law stays true to its original aim and is used to add meaningfully to projects. With me in support, I have a representative from the City of San Diego, Moira Topp. Chair. Is that all right? If she proceeds. Thank you.
- Moira C. Topp
Person
Thank you, Chair and Members. I am Moira Topp here on behalf of the City of San Diego. I won't belabor the points that the Senator laid out very well about what the Bill is doing and what our intent is.
- Moira C. Topp
Person
But I do want to say that the City of San Diego has been and is committed to addressing the housing crisis in its city. We have been a leader throughout the state implementing state statutes that you have passed, implementing our own local initiatives to really be a leader throughout the state and known as a pro housing city.
- Moira C. Topp
Person
But the project that brought us here today, that was outlined by the Senator and is included in the Committee analysis, we just thought was a bridge too far. And so that's really what we hope this Bill does, is to close that loophole. We do know that there is opposition, there remains opposition to the Bill.
- Moira C. Topp
Person
We've been having a lot of very good dialogue. In fact, we had, I think, a very productive conversation earlier this week on Monday where we're hopeful that we really can bridge the gap.
- Moira C. Topp
Person
I think we're all trying to get to the same point, which is to build more residential homes for the full spectrum of need in our city and throughout California. So we're hopeful that we can find resolution.
- Moira C. Topp
Person
We aren't there yet, but even with the amendments, we made an attempt here with the amendments that are before you, but we will continue to work on those. In the meantime, on behalf of the Mayor Todd Gloria and the City of San Diego, we ask for your aye vote.
- MarĂa Elena Durazo
Legislator
You don't have another witness. Okay, great. All those who in support of SB92, please come forward. Give your name. zero, give your name. And organization. Okay.
- Matthew Broad
Person
Thank you. Madam Chair. Matt Broad here on behalf of Unite Here in support, wanted to thank the Committee on Getting us from opposing the Bill to a place where we could support it. Thank you.
- Rick Bates
Person
Good morning, Madam Chair, Committee. My name is Rick Bates with the Unite Here International Union, representing more than 250,000 workers across the United States and Canada in support.
- Rosanna Carvacho
Person
Thank you. Morning, Madam Chair and Senators Rosanna Carvacho. Elliott here on behalf of the City Of Alameda in support. Thank you.
- MarĂa Elena Durazo
Legislator
Anyone else in support? Okay. Seeing none. Those who are in opposition, if you want to come up, I didn't mention earlier. zero, wherever you want is just to remind you you have two minutes each. Thank you.
- Holly Fraumeni
Person
Holly Fraumeni de Jesus with the Lighthouse Public affairs on behalf of SPUR and Abundant Housing Los Angeles. We still remain opposed unless amended, but. We're working with the sponsors. And thank you to the author. We're almost there. We had some great conversations this week. And we hope to be able to. Remove our opposition by the Next Committee. Thank you.
- Corey Smith
Person
Corey Smith, on behalf of the Housing Action Coalition. Exactly what Holly said and also want o express our appreciation to Committee staff for helping getting us to a solution.
- MarĂa Elena Durazo
Legislator
Thank you very much. Anyone else in opposition? Seeing none. Members, any questions or comments? Senator Seyarto? .
- Kelly Seyarto
Legislator
So I supported this before in housing. From a housing perspective, it makes a lot of sense, but also from a local government perspective, because that's what this is.
- Kelly Seyarto
Legislator
You know, we're kind of looking at losing control over a commercial production, which is a lot more intrusive sometimes into a community than affordable housing that they're required and supposed to be building anyway. And so that's why I kind of land on the, you know, I don't like locals losing control over anything. But especially when you.
- Kelly Seyarto
Legislator
We wind up with large, intrusive commercial projects as much as, I mean, if they want to have one, that's great. But not being able to control that as much concerned me when I heard about this situation. That's why I'm supporting it again.
- Jesse Arreguin
Legislator
I want to thank the author for the work on this Bill. I did vote for this in Senate housing, but I did raise concerns around how this may impact the feasibility of housing construction in California since projects do often have a combination of commercial and residential.
- Jesse Arreguin
Legislator
But I think this addresses a very important issue, which is that our state housing laws, which are intended to streamline language regulations to produce housing, should prioritize producing housing and not hotels. So I really appreciate you bringing this forward and I will be voting for the Bill today.
- MarĂa Elena Durazo
Legislator
Thank you very much. I also want to thank the author very much for the work that you've done the issue and to bring us back on track about what the goal here is should be affordable housing. But if you could clarify. I think I know the answer. But if you clarify that this isn't about prohibiting hotels from being built.
- Catherine Blakespear
Legislator
That's correct. If you could clarify that. Yes. So the previous version of the Bill that was heard in housing by some Members of this Committee, it would have required that density bonus projects be two thirds residential.
- Catherine Blakespear
Legislator
And to the point that Senator Arreguin made, sometimes it's possible that that would be overly restrictive because there might be reasons for a project that's mostly commercial that still adds a lot of housing, that that's a good thing, too. So we modified it here in your Committee. And so now what it does is that it me.
- Catherine Blakespear
Legislator
It says that the floor area that's added as part of density bonus law. So if there's a floor area ratio expansion, that that additional floor area has to go to residential only. So the additional floor area that would be coming from an incentive concession or waiver, that that has to go to the residential component.
- Catherine Blakespear
Legislator
It can't go to create floor area for hotels or for a big Costco or some other thing, whatever it would be. So, and to the point of hotels, there's no prohibition on hotels or otherwise disincentivizing it. It really is focusing the density bonus law, which is a housing law, onto housing floor area. So in, in many ways it's, it's much narrower now.
- MarĂa Elena Durazo
Legislator
Thank you. All right. I think. Ready for your closing remarks with that?
- MarĂa Elena Durazo
Legislator
Thank you very much, Bill. Thank you. The Bill has been moved by Senator Arreguin. Assistant. Please call the roll.
- MarĂa Elena Durazo
Legislator
The vote is 3-0. We remain on call. We'll move on now to.
- MarĂa Elena Durazo
Legislator
Now with Senator McNerney. Are you ready? Okay. Yes. Does he need to go?
- Jerry McNerney
Legislator
Thank you. Thank you. This morning, Chair Members, I'm here to present SB543, which is a bipartisan cleanup Bill that will clarify existing law. Really just clarifies existing law for accessory dwelling units and junior accessory dwelling units, which are ADUs and junior ADUs. ADUs now comprise the fastest growing sector of the California housing market.
- Jerry McNerney
Legislator
About one in every four homes. New homes is an ADU. However, some of the laws governing ADUs and Junior ADUs contain confusing provisions. The Department of Housing and Community Development HCD has circulated interpretations of these provisions in an effort to help ensure that statutes are consistently applied across the state in different jurisdictions.
- Jerry McNerney
Legislator
However, some local agencies have rejected the HCD's interpretation in favor of their own, resulting in conflicts of fees, permitting timelines, and other aspects of the home building process. According to HCD, over 50 local governments have incorrectly applied state law for ADUs and Jr. ADUs. SB 543 cleans up existing state law governing ADUs and Jr. ADUs,
- Jerry McNerney
Legislator
to eliminate confusion and conflicts at the local level, including clarifying that local governments have 15 business days to conduct an initial review of the permitting application so home builders have time to fix errors in their applications. It also clarifies the size, safety and density standards for these units.
- Jerry McNerney
Legislator
With these simple fixes, local governments across the state can follow a cleaner process for permitting ADUs and junior ADUs without falling into unnecessary conflicts or confusion. With us today, I have Jonathan Pacheco Bell. He's Vice President of Policy and Programs at Cosita Coalition. Thank you, sir.
- Jonathan Bell
Person
Good morning, Madam Chair and Senators. My name is Jonathan Pacheco Bell. I serve as Vice President of Policy and Programs at Casita Coalition. We're a statewide nonprofit that removes barriers to building smaller, more affordable homes. My background is in local government as a municipal planner and code enforcement officer in Los Angeles County.
- Jonathan Bell
Person
From over a decade of inspection experience, I know the challenges of navigating code compliance on the ground. I've seen both homeowners and municipal staff struggle to work with complex codes that lack clear intent. Casita Coalition is sponsoring SB 543 to add much needed clarity and consistency in the law.
- Jonathan Bell
Person
Statewide, local agencies are encouraging more ADUs and JADUs to Meet Urgent Housing Needs. But California is a big state, and some jurisdictions inconsistently interpret ADU permitting requirements, resulting in uneven approvals and confusion that falls hardest on small builders, homeowners of modest means, and tenants in need of affordable housing.
- Jonathan Bell
Person
SB543 will clarify frequently confused points so the intent of state law is clear. And specifically, SB543 will make application review timelines, potential fee impositions and size and safety standards for ADUs and JADUs easier for every local jurisdiction to understand and to implement.
- Jonathan Bell
Person
This is a simple cleanup Bill that provides clarity and consistency to help community Members, local government planning staff, and small builders use state laws as intended. And for these reasons, Casita Coalition urges you to vote yes on SB543. Thank you.
- MarĂa Elena Durazo
Legislator
Thank you very much. Anyone else in support of SB543, please come forward saying none. Anyone in opposition to SB543 saying none. I'll come to the dais. Any questions or comments? The Bill has been moved. zero, I'm sorry, Senator Choi.
- Steven Choi
Legislator
Yeah, thank you. I know ADUs are very popular. In fact, I have added also ADU at my house. It was a little bit confusing. First of all, if you can tell me what the ADU and the junior ADU differences are, just for my curiosity.
- Jerry McNerney
Legislator
A junior ADU is something you add on to your house, like converting a garage or a basement into a dwelling unit. But it has. This Bill doesn't change. It ensures that the requirements, the permitting requirements are the same. It's just a different designation. If you want to.
- Steven Choi
Legislator
And your Bill says that it clarifies a lot of technical language in there. I don't know what you exactly are cleaning up. I don't know whether this Bill has anything to do with my situation. I ran into. I had the difficulty in getting the final approval because in two areas.
- Steven Choi
Legislator
Number one was that it required a separate address for that ADU, even though mine was attached to my main home, not separate, with no garage added, simply about 700 square foot added, extended, and they still required me to have a separate address. You know, I didn't want that because I was, you know, intending to make it bigger.
- Steven Choi
Legislator
We happened to have more space in the backyard. And the second challenge I faced was that also the... was the fire Department required me, I don't know which Department that was, required me to have a separate mailbox with a separate address.
- Steven Choi
Legislator
And then also the difficulty was that my mailbox was not separate from my house as a traditional way. It was a community in large metal post boxes numbered. I was given one of them and there was no extra space in there.
- Steven Choi
Legislator
Otherwise I had to bear the entire cost of entire mailboxes and by replace with a larger one, which would have been somehow I got the exemptions and I didn't have to do that. I don't know whether you know about this kind of a situation, whether that's a state requirement or local requirement.
- Steven Choi
Legislator
So ADU concept is good, but actually when consumers try to implement that, this kind of challenges I faced. Just wanted to share through the chair.
- Jonathan Bell
Person
yes, ma'am. Thank you, Senator. The issue of the separate address and the separate mailbox sounds like a very uniquely local issue from that particular jurisdiction. I'm not aware of that being required statewide. It's not built into ADU law.
- Jonathan Bell
Person
It sounds like it's something that the local wanted for their particular reasons, and it sounds like they also gave you an exemption. So that's not part of a mandate across the board to have those things. And it sounds like you got it resolved.
- Jonathan Bell
Person
The previous question, the difference between an ADU and a JADU, I think the fundamental difference is that the JADU, the junior accessory dwelling unit, as the Senator said, is going to be enclosed within the main building.
- Jonathan Bell
Person
And if the garage is within the main building, the accessory dwelling unit, the ADU can be attached, but it can also be detached as a separate house. So they are sometimes similar, if not the same. But the ADU is. The main difference is that it can and will be detached as an option.
- Jonathan Bell
Person
Well, the construction is going to need to be done in the same way by the same code. And there are some provisions that define a JADU versus an ADU. So an interior connection, for example, for a JADU, that's one of the key differences. But for all intents and purposes, they are the same.
- MarĂa Elena Durazo
Legislator
Thank you. Thank you very much. If there are no further questions or comments, we have a motion by Senator Arreguin on SB543. Oh, I'm sorry. Closing.
- Jerry McNerney
Legislator
I just want to say we want to do everything we can to increase the housing supply in the state. This will help that along a little bit. And I ask for an aye vote.
- Committee Secretary
Person
The motion is do pass to the Committee on Appropriations. [roll call]
- MarĂa Elena Durazo
Legislator
The vote is 4-0 and we place it on call. Thank you. Senator McNerney, do you want to proceed? Senator Arreguin, you will be Presenting Senator Becker, SB 358, item two. SB358. Okay. Senator Arreguin, thank you.
- Unidentified Speaker
Person
Madam Chair and fellow Committee Members, I'm here to present SB 358 on behalf of Senator Becker and he is accepting the Committee amendments. With the Committee amendments, SB 358 modernizes the state Mitigation Fee act to ensure that traffic impact fees reflect actual automobile trip generation.
- Unidentified Speaker
Person
This encourages the development of housing that reduces car dependence and promotes more walkable transit oriented communities. The bill requires that any deviation from lower traffic impact fees be supported by substantial evidence promoting transparency and accountability in local decision making.
- Unidentified Speaker
Person
The bill also removes the vague convenience retail requirement and replaces it with a clear, measurable standard proximity to three or more key destinations, for example, a grocery store, pharmacy or restaurant. SB 358 complements state goals to reduce greenhouse gas emissions by promoting housing where residents are more likely to walk, bike or use public transit.
- Unidentified Speaker
Person
It supports a shift towards more sustainable urban development patterns, helping California meet its climate mandates. While local agencies will retain the ability to assess impact fees rightfully, so SB 358 ensures that those fees are tied to measurable impacts, not outdated assumptions.
- Unidentified Speaker
Person
And with me to testify in support of the bill is Michael Lane from the San Francisco Planning Urban Research Association.
- Michael Lane
Person
Madam Chair Members, Michael Lane with SPUR of Public Policy think tank in the San Francisco Bay Area. Existing law says that location efficient housing developments near transit and amenities shall receive a reduced traffic impact fee that reflects the lower rate of automobile generation associated with with such housing developments.
- Michael Lane
Person
However, there is no other guidance for implementation regarding this provision in the statute and therefore it is often ignored.
- Michael Lane
Person
We are grateful for being able to work with the Committee and the amendments will provide greater clarity for both local governments and developers with regard to one, specification of the qualifying amenities near the housing development that ensure walkability and two, the findings a local agency must make in order to deny charging lower fee to these developments.
- MarĂa Elena Durazo
Legislator
Thank you. I'm just here to answer any technical questions. Okay. Okay. Wonderful. Members, any questions or comments? Oh, I'm sorry. Anyone who is in support, please come forward.
- Holly Fraumeni
Person
Holly, fraumeni with his use of the lighthouse Public affairs and support today on behalf of Abundant Housing, Los Angeles, Habitat for Humanity, California and Circulate San Diego. All in support. Thank you.
- Brooke Pritchard
Person
Good morning. Brooke Pritchard, on behalf of California yimby in support. Thank you.
- Ali Sapirman
Person
Good morning. Allie Saperman. I'm a San Jose housing Commissioner and here on behalf of the Housing Action Coalition. In support.
- MarĂa Elena Durazo
Legislator
Anyone else in support? Seeing none. Anyone in opposition to SB 358, please come forward.
- Brady Guertin
Person
Yeah. Good morning. Chair Members, Brady Gurdon, on behalf of the League of California Cities, apologies, we weren't able to get a letter in on time and we've acknowledged we have let the office office know we are concerned about the bill. So we do have an opposed position.
- Brady Guertin
Person
But we'll look forward to the new amendments coming out of the Committee because we haven't seen them yet. So look forward to those conversations and look forward to the continued conversation with the sponsors of the bill. Thank you.
- Ethan Nagler
Person
Ethan Nagler, on behalf of the cities of Carlsbad, Merced and Rancho Cucamonga, respectfully opposed.
- Max Perry
Person
Chair Members Max Perry, on behalf of the City of Camarillo, echo the comments from the League of Cities. Looking forward to reviewing the amendments in further detail, working with the author's office on those amends moving forward. Thank you. Opposition.
- MarĂa Elena Durazo
Legislator
Thank you. Any questions or comments, Members? Yes, Senator Seyarto, thank you very much.
- Kelly Seyarto
Legislator
So while this bill works in urban areas that are already got their streets and roads and everything and do actually have areas where you have transit oriented development out in the regions that I develop, I represent communities that are master plan newer than 40 years old, most of them.
- Kelly Seyarto
Legislator
This doesn't work because we're taking money away from the ability to keep up with infrastructure based on a transit corridor that really isn't the type of transit corridor, but it meets the definition that they were talking about.
- Kelly Seyarto
Legislator
But we still have a bunch of commuters so they, you know, we have to be able, our communities have to be able to react to this.
- Kelly Seyarto
Legislator
So this is another one of these kind of one size fits the whole state and it doesn't these need to be really more prescriptive to the areas where they're going to benefit it benefit from them.
- Kelly Seyarto
Legislator
But areas like a lot of the cities that are newer and right now they're trying to accept more growth, but they are really struggling from a traffic perspective and especially since traffic has been taken out of the EIR as a, out of CEQA.
- Kelly Seyarto
Legislator
So you know, they're 50% less mitigation fee collection, which is one of the only pots they can get money from anymore to do these.
- Kelly Seyarto
Legislator
So anyway, I'll be opposing the bill based on what my community's needs are and would ask that future efforts at this and I know you're not the author, but future efforts towards this are take into consideration the differences between very urban areas that are attempting to do one thing and accept a lot of high density growth and accommodate that and other areas where we're trying to accommodate the demands of people across the spectrum.
- Kelly Seyarto
Legislator
Spectrum of housing. So it goes back to the local control thing. This is a local government thing, and that's why I'm opposing it.
- Jesse Arreguin
Legislator
May, I certainly understand your. We've had many conversations about this issue around the need to make sure that as we're setting housing policy for the state, that we're thinking about the fact that we have many different types of counties and cities in California.
- Jesse Arreguin
Legislator
I will say, and my witnesses can clarify this, that I think the language does focus on those types of developments that one, are in high transit areas and have reduced parking requirements.
- Jesse Arreguin
Legislator
And there still is an exception under subdivision B for a local government to impose these impact fees if they feel that the project would still have an impact. They just have to make specific findings based on substantial evidence. But I don't know if my witnesses can clarify that.
- Unidentified Speaker
Person
Yes, that's correct. So if the local jurisdiction wanted to provide evidence like a traffic study or something along those lines, they could take. Technically still charge the fee.
- Michael Lane
Person
And I would just add, we actually, it's clear in the definition transit priority area, which has a very specific geography that's identified based on the robust level of service. And we're investing billions of dollars in our transit system.
- Michael Lane
Person
So we want to make sure we're able to drive that ridership with these types of developments that are more walkable and access to transit.
- Kelly Seyarto
Legislator
Right. And I understand that the problem is the Transit Oriented Development, all of the Transit Oriented Development breaks, or whatever you want to call them, incentives are being taken advantage of out there. We have areas that kind of qualify barely as a transit corridor. So they're building them.
- Kelly Seyarto
Legislator
But if we're not and doing the traffic studies, those are. You do a traffic study for that to try to prove that. And there's somebody out there who's going to make money off that traffic study because they're going to challenge it.
- Kelly Seyarto
Legislator
And then that delays the project and then that delays the collection and the building of the roads. So that's why I'm saying for new communities, communities still putting in their infrastructure doesn't work. And whether you think the transit corridor that they have qualifies, and I can use Jefferson Boulevard as one of those.
- Kelly Seyarto
Legislator
It's already being qualified by the development and the lack of local control to control that development. Those developments are going in and we need to be able to. Our cities need to be able to collect the money. They need to offset the cost for the roads and things that need to accommodate those developments.
- Kelly Seyarto
Legislator
So I understand exactly what you're saying, but you got to come out to my my cities and check it out. Okay. Thanks.
- Steven Choi
Legislator
Thank you. I also cannot support this bill in that this bill is requiring mandating local government to cut the traffic impact study at least by 50% any transit oriented Development through many, many years. We try to promote high density and high density means a lot more people.
- Steven Choi
Legislator
And even though hopefully that the people living in that transit area will use the public transportation rather than owning their cars. But regardless, it's not going to be zero minimum. I would estimate that the 50% of the residents in that high density housing in the transit area will own the vehicles.
- Steven Choi
Legislator
So it's going to be negatively impacting that area. So we do need to study and by asking local government to cut the fee. So this means the local government will have a lesser revenue. And Senator Ergan, you were the mayor of Oakland City and you, you so you own city's revenue will be reduced by this law.
- Steven Choi
Legislator
So and unless a state reimburses the local government for that differences and which I don't think this bill says so. So for that reason, I don't think I can support that bill.
- Jesse Arreguin
Legislator
First of all, I was the mayor of Berkeley remarks. Although I represent Oakland, Richmond and 14 other cities and Senate District 7. And secondly, the existing statute under 6605.5.1 says that if a housing development satisfies all the characteristics, it shall be set at a rate that is at least 50% less than the rate for housing development.
- Jesse Arreguin
Legislator
The revised bill, the amendments that the author is taking strikes.
- Jesse Arreguin
Legislator
That 50% reduction that's being taken out of the statute under the amended version of the bill, first and foremost, the revised language would say shall be set at a rate that reflects a lower rate of automobile trip generation associated with housing developments in comparison with housing developments without all the characteristics. So it doesn't say 50%.
- Jesse Arreguin
Legislator
It's just going to be set at a low rate, recognizing that if you have these characteristics and being in a, in a transit priority zone or on a high frequency transit corridor, you have these other amenities, you have reduced parking requirements that, that should be set at a much lower rate and it's actually establishing more definition and prescriptive standards that local governments will use to determine the rate of a reduction of a fee reduction.
- Jesse Arreguin
Legislator
So, and moreover, as I stated in response to Senator Sierra's question, and I'm not the author, I'm just reading the statute, the local government can still impose a full fee if they make findings based on substantial evidence.
- Jesse Arreguin
Legislator
So I would argue, I think this provides more clarity and does provide local governments the flexibility in cases where they believe that there still will be a traffic impact to impose that fee if they have substantial evidence and make those findings on the record.
- Christopher Cabaldon
Legislator
Thank you, Madam Chair. And thank you, Senator, for jockeying this one. I had concerns about the original bill, just as that were noted in the Committee analysis, and I appreciate the amendments that are being taken today, and that's because the 50% was very problematic.
- Christopher Cabaldon
Legislator
I think we've had this conversation as well, that given the State of jurisprudence on mitigation fees, impact fees and other exactions, that it's really important that in our zeal to try to get fees down that, that we don't break the linkage between that the courts have mandated that we.
- Christopher Cabaldon
Legislator
And So a blanket 50%, I worry, would undermine the entire notion of some of these fees and therefore the ability of local governments to be able to finance their project. So I'm very appreciative of both the author and the Committee for their work on this.
- Christopher Cabaldon
Legislator
I did want to point out that in one of the amendments, which I really like the. The concept that, as you said, laying out some of the specific standards. So here it's the developments within a half mile of three or more of the following.
- Christopher Cabaldon
Legislator
A restaurant, a coffee shop, a supermarket, a grocery store, a hardware store, a park, a pharmacy, a drugstore or a bar. I love this coming from City hall, paying attention to that. Housing and transportation and mobility are very much dependent on the other uses that exist.
- Christopher Cabaldon
Legislator
I wish the author luck in trying to keep, you know, make this provision work over time, because I see like a bill at 10 bills a year adding one more thing. There's no movie theater on here. Really, one of the most important ones that you can't really put on here is where does grandma live?
- Christopher Cabaldon
Legislator
I mean, these are the kinds of things that really determine mobility patterns at the local scale. But the only thing I would request that you convey to the author is that one area that is not on here that needs to be on this list.
- Christopher Cabaldon
Legislator
And there's a lot of other things to be considered, but childcare must be on this list. So I love a bar and a pharmacy as much as the next Senator, but childcare, childcare should be at the top of this list.
- Christopher Cabaldon
Legislator
And so I would encourage you to, if this bill moves forward with these amendments, keep the intent here, but by adding one of the most significant drivers of both mobility and locational choice and other things that we care about, and making sure that that child care is at the top of that list. So appreciate it. Thanks.
- MarĂa Elena Durazo
Legislator
Okay. Okay. The bill has been moved by Senator Cabaldon. Take the vote.
- Committee Secretary
Person
The motion is do pass as amended to the Committee on Appropriations. [Roll Call]
- MarĂa Elena Durazo
Legislator
The vote is 3-2, and we remain on. What a gentleman you are. Chivalry lives in the halls of Sacramento. We're moving ahead here to item 11. Senator Gonzalez, SB 827. Good morning.
- Lena Gonzalez
Legislator
Morning. And good morning, Madam Chair and Members. I'd like to begin by accepting the Committee's recommended amendments that will clarify the bill's intent, and I want to thank them for their work there. SB827 will require local officials to complete fiscal and financial training and update existing ethics training requirements.
- Unidentified Speaker
Person
In recent audit recommendations, the California State Auditor has repeatedly recommended that local government officials receive receive training on their fiscal and financial management duties. In California, local officials are entrusted with taxpayer dollars and have authority over budgeting, procurement, management and investments and pensions.
- Unidentified Speaker
Person
Yet there are no requirements that these officials receive training on best practices or how to manage these substantial financial responsibilities.
- Unidentified Speaker
Person
As a former Long Beach City Council Member myself, I understand how important it was and how this work involved quite a bit with finances was so pertinent to running a local government, and I ask that we certainly do so with this bill.
- Unidentified Speaker
Person
SB 827 specifically will encourage responsible governing and help prevent fiscal mismanagement by requiring training on financial and fiscal practices for local officials and require that ethics training be taken by senior staff level officials. Here to speak about. I'm sorry, excuse me. SB 827, we have Chris Applegate from the California State Auditor's Office.
- MarĂa Elena Durazo
Legislator
Reminder, you have two minutes. Absolutely. Thank you. Welcome.
- Chris Applegate
Person
Madam Chair, thank you very much. Thank you. Chair and Members, Chris Applegate with the California State Auditor's Office. As the Senator mentioned, we made a recommendation related to provisions of this bill. We don't typically take positions on bills, but I can provide a little bit of background on our recommendation and our report.
- Chris Applegate
Person
So, as background, in 2022, as part of our local high risk program, we issued a report related to the City of Compton as a result of some of the things that we saw there in terms of deficiencies with City Council oversight, as well as similar issues that we saw in other cities that we had conducted audits and in the past.
- Chris Applegate
Person
We recommended to the Legislature that they consider imposing a requirement that recurring training occur for City Council Members related to fiscal management, budgeting, and the council's oversight of city operations. We believe that statewide this would improve city governance.
- Chris Applegate
Person
Again, this Bill does go beyond some of the recommendations that we made by requiring this training for some additional individuals. But in terms of the requirement that City Council Members have recurring training in this, in these areas, this would implement our recommendation. Happy to answer any questions about our report recommendation.
- MarĂa Elena Durazo
Legislator
Great. Thank you. Anyone else in support, please come forward.
- Bryant Miramontes
Person
Good morning, Chair Committee Members Brian Miramontes with American Federation of State County Municipal Employees and support.
- MarĂa Elena Durazo
Legislator
Thank you. Anyone else? Okay. Anyone in opposition to SB 827? No. Okay. No one else? No one in opposition. I bring questions or comments from our Members. Yes. Senator Cuiardo.
- Kelly Seyarto
Legislator
Thank you, does this apply to state politics, political figures?
- Kelly Seyarto
Legislator
It really needs to. I sit in budgeting. I can tell you we need it. If it's not going to apply to the state employees, I don't understand why we're just doing local employees.
- Kelly Seyarto
Legislator
As far as the ethics training is, do you have any statistics on this ethics training that it has made one shred of difference in what happens out there in these communities over the last, gosh, 20 years that it's been offered? Because, you know, my perspective is crooked people are going to be crooked.
- Kelly Seyarto
Legislator
Just because you teach them ethics training doesn't mean they're not going to be the people that are straight up. They get it. They don't need to be told every single year for. Because these training sessions cost a lot and they take a lot of coordinating.
- Kelly Seyarto
Legislator
And the more complicated we make them, the more days that it takes them to get through all of the training that they need to. And that costs money and it costs time and it causes delays in the jobs that they're doing, like permitting and things like that.
- Kelly Seyarto
Legislator
And so I hesitate very much to put more training that I don't know that it is, you know, other than saying, hey, we're providing training that it's really making an impact, because it's really not. I would say that people should.
- Kelly Seyarto
Legislator
If they don't understand the job that they got the citizens to vote them to do, then they need to go take some classes at the community college and learn it. And learn it, because you're not going to teach them financial management for government in an hour or Two hours.
- Unidentified Speaker
Person
So I understand and I would love to work with you on that. Absolutely. Senator Seyarto, I know that you're, you're very mindful when it comes to this, and I, I would just say, you know, I represent a southeast Los Angeles corridor that has unfortunately dealt with a lot of corruption.
- Unidentified Speaker
Person
Right now, as it stands, some of the city managers and city attorneys who are overseeing finances, who are overseeing ethics, are not taking this training, which we want to provide sunlight on these issues. We had just recently, the City of Huntington Park that mismanaged hundreds of.
- Unidentified Speaker
Person
Well, we'll see but like $20 million, let's just say that we know of in terms of not moving forward with a pull project. And so we need to provide additional sunlight. I think this bill will provide an avenue for that. But I agree with you. I think there needs to be even more that we can do to ensure. That the training is-
- Kelly Seyarto
Legislator
Voters are the ones who need to look at credentials and decide whether.
- Kelly Seyarto
Legislator
But trying to send them to school or trying to teach them something that you need a whole semester class in just to start to understand it and then get experience in. That's not going to happen in our ethics training. All that is going to do is create more cost and time constraints for some.
- Unidentified Speaker
Person
Yeah, well, I want to make sure that some of these city managers, you know, they're overseeing $3 billion in a budget or $94 million in a budget, that they have the tools. So this is a good.
- Kelly Seyarto
Legislator
City managers usually come with master's degrees in public Administration. And if they don't know, it's not because they don't know if they're doing things like that. It's because they have issues with character and this isn't going to fix that. So, anyway, so we're. Yeah, we're. We're good. We're good on that.
- Jesse Arreguin
Legislator
Well, I want to thank the majority leader for bringing this bill forward, which is really about ensuring that local government officials and staff who have managerial experience over local agency finances one have ethics training.
- Jesse Arreguin
Legislator
And I think it makes some important changes to the ethics training law to require that be done no later than six months from the first day of service that there be published records on a website indicating who is and who has not completed ethics training. So the scarlet letter of who has not completed ethics training.
- Jesse Arreguin
Legislator
I think it's important to hold people accountable so that any Member of the public can go and see whether their elected representative is in compliance or not. And this training is really important as you Noted.
- Jesse Arreguin
Legislator
I mean, there have been many high profile instances throughout the state where mayors and council Members and supervisors and staff have mismanaged funds or engaged in ways that are complete violation of the law. And this training is absolutely essential.
- Jesse Arreguin
Legislator
Moreover, having training around fiscal Administration and budgets, municipal finance, I think is important as well, because that's one of the most important functions that we have as local government officials. And you'll be surprised how many local government officials don't have a basic understanding of some of those essential aspects of their job.
- Jesse Arreguin
Legislator
So I think this is good for transparency, good for the state of California, and I'd like to move the bill at the appropriate time.
- MarĂa Elena Durazo
Legislator
Thank you. I want to thank the author for bringing this forward.
- MarĂa Elena Durazo
Legislator
While I agree with Senator Seyarto that it would take many more hours to do the kind of training that we should all have, but I think it raises the issue so that in those areas they might take it more serious and add or do whatever, or the individual person probably realizes, hopefully realizes they don't know enough and maybe they will go take a class.
- MarĂa Elena Durazo
Legislator
So I think it's just raising the issue that is the most important and some the beginning of what kind of training that they should have with that. If you want to make any closing remarks.
- Unidentified Speaker
Person
Thank you, Madam Chair. And I think the remarks here I just will say on the record, I've been meeting with folks, elected officials from the cities of Cudahay, Bell, as well as Southgate, who are very committed to this work. And I think that this is one start in the right direction for them.
- Unidentified Speaker
Person
I want to thank the city auditors team for being here as well. And I respectfully ask for an aye vote.
- MarĂa Elena Durazo
Legislator
Thank you very much. Motion has been made by Senator Arreguin. Please call the vote.
- Committee Secretary
Person
The motion is do pass as amended to the Committee on Appropriations. Senators Durazo. Aye. Durazo, aye. Choi? Senator Choi?
- Committee Secretary
Person
Choi, no. Arreguin. Arregion aye. Cabaldon. Cabaldon, aye. Laird? Seyarto. Seyarto, no. Wiener, aye. Wiener, aye. 4:2 on call.
- MarĂa Elena Durazo
Legislator
Vote was. The vote was 4:2. We'll put it on call. And we move now to.
- MarĂa Elena Durazo
Legislator
Item 10, SB 815. Senator Allen, welcome. Good morning. Thank you for being so patient.
- Benjamin Allen
Legislator
It was always interesting bills coming before here this committee. Let me just thank the committee first for the engagement with us on the bill. You know, we of course, as everybody here knows, experienced terrible wildfires that now characterized as one of the most costly natural disasters in US history when adjacent, even when adjusted for inflation.
- Benjamin Allen
Legislator
And in my district, nearly 770 rent stabilized units in the Pacific Palisades were burned down along with whole ci- whole neighborhoods. So tons of impacts. Now, the updated state hazard maps for local responsibility areas released this year identify 168% more land as higher very high fire severity zones.
- Benjamin Allen
Legislator
I know that the chair has actually been working on legislation on this issue that's been affecting building codes, real estate disclosures, housing markets for nearly 4 million Californians. Of course, the majority of these homes were built before the adoption of the Wildfire Resilient Building Standards, the new OPR, I guess the LCI, right.
- Benjamin Allen
Legislator
The Land Use and Climate Innovation Office at the Governor's office released their Fire Hazard Planning Technical Advisory in 2022, recommending that local agencies devote particular attention to addressing vulnerabilities of existing development located in the wildland urban interface.
- Benjamin Allen
Legislator
The report emphasizes how policies governing land use and future growth provide opportunities to integrate resilience into long range plans and avoid or minimize risks in areas with elevated hazard severity that pose an- an unreasonable risk.
- Benjamin Allen
Legislator
And so it's my- our strong feeling that the state needs to invest in more coordinated planning and mitigation efforts to protect communities from all these disasters that we're starting to see more and more of.
- Benjamin Allen
Legislator
So this bill requires local governments, upon the next scheduled revision of plans, to develop a comprehensive retrofit strategy for residential developments and infrastructure to improve safety and reduce risk of property loss within the safety element. This includes identifying potential financing strategies to pay for needed retrofits on both public and private property.
- Benjamin Allen
Legislator
It also calls on local governments to integrate the goals, objectives and policies from existing and local local and state wildfire plans, hazard mitigation plans and climate adaptation plans into the land use element, which currently have limited coordination between each other.
- Benjamin Allen
Legislator
As we've seen, this would include feasible implementation measures designed to carry out the goals, objectives and policies and so as to help the local governments with this work. The bill also requires LCI to establish a clearinghouse of local ordinances and policies and best practices related to land use planning in very high fire risk areas.
- Benjamin Allen
Legislator
So here with me today to testify in support, we have Amber King, who's Vice President of Legislative affairs with Leading Edge Cal- Leading Edge California and also Matt Baker, Policy Director for the Planning and Conservation League.
- MarĂa Elena Durazo
Legislator
Thank you very much. And you have two minutes each. Thank you.
- Amber King
Person
Great. Thank you. Madam Chair and Members, Amber King with Leading Age California representing nonprofit providers of care, services and housing for older adults, including 400 senior affordable housing providers throughout the state. Unfortunately, wildfires are a growing threat to California's communities with particularly devastating impacts on vulnerable populations, including older adults.
- Amber King
Person
As we saw with the fires in LA, most of the individuals that lost their lives were older or disabled adults. SB 8- 815 takes a smart systems wide approach to ensuring that local governments integrate retrofitting, coordinated planning and data sharing into their hazard mitigation plans.
- Amber King
Person
This bill will help to reduce risk, improve evacuation planning and protect both people and property, especially those areas that are prone to wildfire. Most importantly, the bill requires the consideration of financial strategies to make retrofitting feasible for both public and private properties.
- Amber King
Person
This is essential for senior affordable housing providers and the low income older adults that they serve who often lack the resources to make these necessary and critical upgrades. Leading Edge California has been committed to strengthening the emergency planning for older adults. We believe that this bill furthers that progress and we would urge your aye vote today.
- Matthew Baker
Person
Good morning Chair and committee members, Matthew Baker with Planning Conservation League. We thank the author for for bringing forward this important bill.
- Matthew Baker
Person
I can only imagine what he's seen and been through in his community in these recent months, but I know that the author cared greatly, deeply about this- this topic even before these most recent fires, as the LA fires are of course only the last in a long and growing line of- of tragic fires in California in recent years.
- Matthew Baker
Person
But of all the bills, the executive orders and the bills that have been proposed in the recent months to focus on rebuilding and addressing the immediate needs of the communities affected. You know, this- this bill is the one outlier that I'm aware of that asks the long term questions, that ask the planning questions.
- Matthew Baker
Person
How, looking ahead, do we plan better in our communities? How do we make sure that we're not building in ways that puts people in harm's way? How do we make sure that our existing communities are retrofitted to be safer?
- Matthew Baker
Person
And how do we make sure that existing and new communities have the infrastructure in place to be able to get out safely in time when the disaster comes? These are very complex problems and questions that we as a state have really not adequately grappled with yet.
- Matthew Baker
Person
And I think that this bill is the vehicle to have those conversations. And there are many, certainly many conversations that are going to be had with many stakeholders before this bill gets to the finish line. But PCL is very committed to have those conversations with the author and the stakeholders, very eager to have them.
- MarĂa Elena Durazo
Legislator
Anyone else in support of SB 815, please come to the microphone.
- Christina Scaringe
Person
Good morning. Christina Scaringe with the Center for Biological Diversity, in support. Thank you.
- Kim Delfino
Person
Good morning. Kim Delfino for the California Native Plant Society in support.
- MarĂa Elena Durazo
Legislator
Anyone else in support? Seeing none. Anyone in opposition to SB 815? Good morning.
- Lauren De Valencia Y Sanchez
Person
Members, Lauren De Valencia representing the American Planning Association, not in opposition to the bill. We do have concerns though, and we really want to engage in these conversations and appreciate the conversations we had thus far. Our members are the folks that are going to be implementing and updating the general plan.
- Lauren De Valencia Y Sanchez
Person
You know, if the bill were to pass as is. And right now it's really asking for a lot of work to be done specifically within the general plan. And that takes a lot of time and money to do.
- Lauren De Valencia Y Sanchez
Person
So we are really seeing our planners struggle with capacity and resources to keep up with all the mandates that have passed in the last few years, particularly in the General plan. So we're really looking for solutions that we think we can work together on. Perhaps.
- Lauren De Valencia Y Sanchez
Person
I know the bill speaks to having Lucy or excuse me, LCI do some initial work that our planners can pull from to have those resources to figure out how to do this at the local level. We think that is a great first start. We'd like to see more of that.
- Lauren De Valencia Y Sanchez
Person
I think working with the state at the state level and then working down and figuring out how we can address this at the local level is critical. I just last thing I want to know is the City of LA. It's noted in your analysis, City of LA right now is looking to potentially lay off 114 planners.
- Lauren De Valencia Y Sanchez
Person
And that is a- a city where we consider to be a more resourced city. Right. They have more planning staff. We're really concerned that if the City of LA is being impacted in this way, we know our smaller cities and counties are being impacted as well.
- Lauren De Valencia Y Sanchez
Person
Some cities and counties only have one planner to do all of this work. And so we really just want to work together with Senator Allen. We appreciate your efforts. This is absolutely something we need to talk about, but we need to find the right way to do it. So we'll continue to be engaged. Thank you.
- Tracy Rhine
Person
Good morning. Tracy Rhine with the Rural Counties Association. I'd like to align my comments with the previous speaker. We do have concerns. We have been working with Senator Allen's staff for months and we appreciate that collaboration. We are not at all opposed to, I think what the proponents and the author want to get to.
- Tracy Rhine
Person
We need to have safe development and existing developments be safe that live in high fire prone areas. And we continue to hope to work together to get to a solution. Thank you.
- MarĂa Elena Durazo
Legislator
Thank you very much. Seeing no further people in opposition. Do we have any comments or questions from our members here? Committee? Senator Cabaldon?
- Christopher Cabaldon
Legislator
Yeah, thank you Madam Chair. I'm very supportive of the bill. I think the- the- the- the non opposition but the folks raising concerns have excellent points. It's, I mean it's very common for us here. You know the in- in housing committee we're like hey, you needed your housing element should build the max amount of housing possible.
- Christopher Cabaldon
Legislator
And then another committee takes up the safety elements. Hey, your safety element should stop building in places that it shouldn't be. And then, then another committee is like hey local govs, you got to do this.
- Christopher Cabaldon
Legislator
And as the author said, these are complicated issues with lots of trade offs and I know we can't expect the town of Sonoma with its 5,000 people to figure all this stuff out on issues that- that we struggle to balance.
- Christopher Cabaldon
Legislator
And so I think the, you know, the concerns that have been raised in particular about the just the dollars, and most terms- one of the reasons general plan updates don't happen as much as they should or as comprehensively or as thoughtfully as they should is that there's no funding source for them.
- Christopher Cabaldon
Legislator
Unless- Unless you happen to have a multibillion dollar housing project coming to Solano County, you know. There's nobody to pay for a general plan update. But we vest all of our hopes and dreams in it. So I think those are all legit.
- Christopher Cabaldon
Legislator
But I've also heard the author and the- and the sponsors deeply commit to- to resolving this and I know you understand and are supportive of resolving those trade offs as well.
- Christopher Cabaldon
Legislator
So I look forward to this being, this bill being a, you know, thoughtful way to grapple with that while attacking what is an incredibly important issue and appreciate that we are deferring to local governments in this way.
- Christopher Cabaldon
Legislator
We just need to make sure they have the capacity to get it right and also not to have them develop- develop a safety element that describes all the things that need to be done that they can't pay for as well.
- Christopher Cabaldon
Legislator
So I think this is definitely on the right track support- support moving forward with it needs to get across the finish line. And I- I- I hear and appreciate the commitment to work with- with the planners and the other thoughtful folks to make it happen. Thanks.
- Benjamin Allen
Legislator
Yeah. I mean, it is part of why we- we create this clearinghouse at LCI to provide basically assistance, best practices and ordinances. And just because I'm very sensitive to this issue, you know, we're- we're also having discussions about, you know, adjusting timing of plans, you know, other changes that might reduce the burden.
- Benjamin Allen
Legislator
There's also a big chunk of climate bond funds that are specifically devoted to- to, you know, wildfire planning and mitigation and- and response that could help to pay for some of the additional workloads.
- Benjamin Allen
Legislator
So there's some options there, but all the points are well taken and the last thing we want to do is make this impossible for- impossible for local government. So, you know, we- as- as I think was even discussed in the staff briefing, this may end up being a two year bill process.
- Benjamin Allen
Legislator
We're still trying to figure that out, but it's partly to make sure we really land this in a way that will be workable for the folks that we're tasking with doing this work. So. Yeah, thank you though. Appreciate- Appreciate your recognition of what we're trying to do and also the challenges.
- Kelly Seyarto
Legislator
Thank you. So this may be one of the components of a comprehensive plan that we need to engage in to address what now everybody, I think understands.
- Kelly Seyarto
Legislator
We've been screaming about this for years, but I think now everybody really understands the gravity of what is going on out there and some of the constraints that agencies, fire agencies that are charged with doing some of these things already have in trying to mitigate and prepare and get people on board.
- Kelly Seyarto
Legislator
You know, I think you'll remember at the beginning of the year, two weeks didn't go by and we had like 30 bills that were going to fix the wildfire problem. And I had mentioned at the time that not one person had even picked up the phone to call me to- to get maybe some input.
- Kelly Seyarto
Legislator
Because as sensitive as you might be to this area, I'm equally as sensitive. I covered this area and we knew this was going to happen eventually and nobody did anything about it.
- Kelly Seyarto
Legislator
And so, you know, now we're- we're faced with 30 different bills that may conflict with each other and- and- and this kind of mishmash of all these different attempts and- and everybody has different interests. You know, conservation has interests, we have fire agencies have interests, cities have interests.
- Kelly Seyarto
Legislator
But the biggest interest of all is the people that are affected by all this. And so somehow we need to get responsible about our approach to it and have a comprehensive plan in California that covers the prevention part, that covers the response part and then recovers and then talks- covers the recovery part. And we're not getting there.
- Kelly Seyarto
Legislator
I can see it. We're not getting there. What we are getting is a bunch of things coming from different directions that conflict with each other and don't solve the main problems of why we can't do, why we can't protect our communities.
- Kelly Seyarto
Legislator
So I'm hesitant to pile on more things without having a- a better, more not- not bill form, but a better way of- of trying to get a comprehensive plan together for California because we're going to wind up undoing things along the way.
- Kelly Seyarto
Legislator
We need- We need the input from OES, we need the input from the county fire, we need the input from LA City Fire. We need input from all these different agencies and communities, the local agencies, in order to do this the right way.
- Kelly Seyarto
Legislator
I'm not saying that this is the wrong way, but there are components of this that might not be productive or helpful or might be redundant to what's happening already. There are other reasons that these things aren't getting done. And- And yes, rebuilding how we rebuild is going to be a big deal.
- Kelly Seyarto
Legislator
Palisades will not have to worry about that for many, many years because everything's burned up over there and they don't have any brush concerns for a while. But other communities do. We do have response and the Altadena is the same. They have burned up a lot of theirs.
- Kelly Seyarto
Legislator
But, you know, so there's some time there to try and figure out how we're going to approach the bigger picture of fire mitigation in California.
- Kelly Seyarto
Legislator
So I would like to see this in a package of other things so that they don't conflict and that they are helpful and that local agencies have the flexibility they need to be able to do things that work for their agencies, work for their communities, for the very. The projects they have. We had a Bill similar.
- Kelly Seyarto
Legislator
It was a little bit kind of down this road a couple years ago that, you know, hey, what works up in Northern California's fire environment is much different than LA and much different from Riverside. And- And so those communities have to be able to address their issue and have the resources to address those issues.
- Kelly Seyarto
Legislator
And that's what the state's job is, to give them the resources so that they can address those issues and we get the hurdles out of the way for them to do it. So like I said, I'm really hesitant on supporting more and more of these wildfire measures because I don't think they're doing us any justice.
- Kelly Seyarto
Legislator
It makes us think we're doing something when we really are not accomplishing a lot.
- Benjamin Allen
Legislator
Senator, if I may, it seems to me that everything you described is, I mean, is what we're seeking to do with this bill. I mean, I don't think I disagree with the single thing you mentioned.
- Benjamin Allen
Legislator
In fact, if anything, this is about trying to create a more coordinated, you know, clearinghouse of best practices, engaging with the fire community aggressively in a way that will actually be helpful to the planners. And the only thing I would push back on, actually, is this idea that the- the- the folks in Altadena and Palisades have time.
- Benjamin Allen
Legislator
If anything, they're actually now going through a really rather intense conversation about their rebuild and they'll be, you know, there's already permits going out. And so we need to engage, you know, th- th- the best information, most up to date information on retrofit strategies. And that's what's at the heart of the bill here. So, I mean, I- I welcome.
- Benjamin Allen
Legislator
I don't think there's any philosophical disagreement between us on this and certainly welcome your input if there are ways that you think we can strengthen this, make it more useful and helpful.
- Benjamin Allen
Legislator
But at the end of the day, it's about assisting and working with our planners at the local level to make sure that we're being smart about the way that we- the way that we plan, knowing everything we now know.
- Jesse Arreguin
Legislator
Thank you. I want to thank the author for bringing this bill forward. Obviously, the most recent fire events that happened in Southern California, I think, raised a very important issue, which is should we be building homes in places that we know they're going to burn?
- Jesse Arreguin
Legislator
And it seems like we have this conversation after every major fire event that happens in California. But we haven't- we haven't solved the problem. We haven't aligned our land use policies with strategies to mitigate fire risk and to make sure that people are living in areas that are safe.
- Jesse Arreguin
Legislator
And this issue came up in the Bay Area in the context of developing our regional housing needs allocation.
- Jesse Arreguin
Legislator
I was the President of our council of governments in the Bay Area and communities such as Napa and Sonoma, where there were there were major fire events that happened, they had to absorb significant numbers of housing units in places where it may not make sense for those homes to be built.
- Jesse Arreguin
Legislator
So I think the goal of this is really to ensure going forward that we align our housing elements, our safety elements, our land use strategies, with best practices and approaches that are focused on how we mitigate risk and keep our communities safe. That's a good thing.
- Jesse Arreguin
Legislator
I think that the issue around providing resources to planners and local governments, that's definitely something we need to have in the context of the budget, I think you rightfully acknowledged there's Prop 4 money that you know potentially could be used. There'll be other budget resources as we're developing the state budget that we want to allocate.
- Jesse Arreguin
Legislator
So I think that's important to make sure we have the resources because not every community has a planning department. Some- Some loc- smaller governments subcontract out their- their work. And so this issue came up when we were doing the housing element work last RHNA cycle. And so this bill is critical.
- Jesse Arreguin
Legislator
I'll move the bill at the appropriate time and also want to work with you to support this effort and make sure we get the budget investments to help support local governments to do this critical work.
- Steven Choi
Legislator
Okay, no other comment then. I would like to say that I appreciate for your intention and basically for fire prevention measure for requiring another mandate for local governments to update their- their fire mitigation, you know, measures. But I- I feel this is not- not the lack of any mandate measures that the state produce.
- Steven Choi
Legislator
Was the problem not fighting or preventing the local fires? With the continuing fires erupted in the state, all local governments have realized how important it is fire mitigation measures in the fire prone areas and they are doing that and then also imple- implementing whatever the best they can.
- Steven Choi
Legislator
And then also there were many builds, for example SB 379 in 2015 and then also AB 2911 in 20- 2018 required climate adaptation and fire risk strategies and safety elements and the local hazard the mitigation plans which proactive agencies have integrated. So there are plenty, you know, requirements from the state regulations as well.
- Steven Choi
Legislator
So it sounds like this is all duplicative effort by forcing the local agencies to do and updating their firefighting strategies, how that will help, you know, in adding another burden to the local government agencies.
- Steven Choi
Legislator
You know, I- I- I- I strongly believe that the local governments and the fire districts, they are aware of what had to be done without being told like this. So I'm a little bit hesitant.
- Benjamin Allen
Legislator
Yeah, I mean, certainly not the intent to be duplicative. And it's part of why it's so likely this bill's going to be a two year bill because we want to engage in these conversations with local government and make sure that it's not duplicative, make sure that it's helpful.
- Benjamin Allen
Legislator
You know, I- I agree that people know what needs to be done to some extent or another. But again, there's so many competing. You know, responsibilities and- and pressures, quite frankly.
- Benjamin Allen
Legislator
I mean, if we really knew what we needed to be done, we would not be, you know, building deep more and more major projects deep into the very high fire risk zones without implementing best practices for fire mitigation. Unfortunately, we're doing just that in many places in the state.
- Benjamin Allen
Legislator
So I would respectfully push back on the idea that, I mean, even if the planners know that it's unwise, it ends up being part of our practice, unfortunately. And we ended up creating massive costs, both emotional, psychological and financial on our state when those properties either burn or at threat of burning.
- Benjamin Allen
Legislator
So I- I- I think we can agree that we need to do some work in this space, you know. And I welcome your input. An- And again, I don't. But I- I- I- I don't want this to be duplicative and- and onerous, kind of unnecessarily burdensome.
- Benjamin Allen
Legislator
And that's why we're engaging in these conversations with local government to make sure this is something that's going to be helpful. But- But you know, I- I- I do, I- I- I- I- I would say, you know, I- I- I wouldn't adhere to the philosophy that tha- tha the status quo is- is just fine in- in- in terms of the status of planning in various places in the state.
- Steven Choi
Legislator
Thank you, Senator Allen. And motion has been made by Senator Arreguin. Will you please call?
- Benjamin Allen
Legislator
I appreciate the dialogue and the engagement from all the members. And you genuinely welcome people's input as we try to figure out where to land this and respectfully ask for an aye vote.
- Committee Secretary
Person
The motion is do pass to the Committee on Appropriations. [ROLL IS CALLED]
- Steven Choi
Legislator
Vote is 2, 0 on call. Okay, thank you so much. And let's see. We have Senator Wiener. I think you are the only one who are present here. And we have a bid to present. Okay, next one is file number 14, SB 607 by Senator Wiener. When you are ready, you can make a presentation.
- Steven Choi
Legislator
Oh, I'm sorry, you have two of them. 12. We'll go file order 12 first. SB 79. Yeah, that's the winner.
- Scott Wiener
Legislator
Thank you very much, Mr. Vice Chair, colleagues. I'm here today to present Senate Bill 79, which has received bipartisan support, and I'm grateful for that. SB 79 authorizes more housing near our highest quality, highest capacity public transportation stops, high frequency rail, light rail, bus rapid transit, and ferries.
- Scott Wiener
Legislator
I want to start by thanking the Committee for a very thoughtful analysis about the bill, including raising various questions and issues and potential amendments. Some at a more general level, some at a more specific level. We're very grateful for that and, frankly, quite aligned with quite a number of the suggestions in the bill.
- Scott Wiener
Legislator
I do want to just go through, based on feedback that we've received from different Members and stakeholders, in addition to comments in the analysis, some of the amendments that we will... Because we're in a position where the Chair, you know, we're not necessarily fully aligned with the Chair, we are working on amendments that, if the bill moves forward, we would anticipate taking in Appropriations.
- Scott Wiener
Legislator
And so one of them is, and this has been an issue raised, distinguishing between more urban districts and more suburban districts. And we'll be making an amendment so that in the more suburban areas there will be less intensity in terms of more of the, being more under tier 3, so less height in those areas.
- Scott Wiener
Legislator
So we're trying, want to be take a sort of a nuanced approach to the context of different areas. We will be we already have a provision in the bill about local flexibility that this bill sets default standards in terms of density and height. But it does create an option for local governments to come up with their own plan and submit that plan to try to move things around to suit their needs. We agree with the analysis that that needs to be fleshed out more, and we are currently working on that to make it very usable.
- Scott Wiener
Legislator
They, in addition, we are going to, we're going to look at light industrial land, which is a comment in the analysis about whether light industrial should be included, and we want to create some local flexibility on that. So if a city does not want its light industrial land to be included, they do not have to.
- Scott Wiener
Legislator
That'll be a local choice. We also will be making some clarifications. There's been some confusion about whether there's a blanket CEQA exemption in the bill, which there is not. But we're going to make that clear. And then in addition, the bill does not override local inclusionary requirements. There's been some question about whether that's clear enough.
- Scott Wiener
Legislator
We think it's in there already. But we're going to make it crystal clear just for the sake of clarity. And then the California Association of Realtors have raised an issue about wanting to clarify that transit agencies can't sell their easement rights to a third party. We agree with them. There's no disagreement with the Realtors.
- Scott Wiener
Legislator
We've actually already sent them language that we think resolves the issue, and we're waiting to hear back from them. In addition, there are several issues that we are working on. One is we are, in terms of the Surplus Lands Act, we are in active conversation with the affordable housers to work towards a resolution there, and I'm optimistic we'll be able to achieve that. There was been questions about affordability requirements in the bill.
- Scott Wiener
Legislator
Right now the bill is I think a very pro-affordable housing bill because does trigger local inclusionary. It also, if SB 423 streamlining is invoked, that creates a baseline. But we are exploring the possibility of including like a safety net in case none of those applies or if it's in a jurisdiction without inclusionary.
- Scott Wiener
Legislator
And so we're exploring that, potentially adopting some existing state law and utilizing that structure. And then in terms of transit agencies land use authority on their own land, we know we have some work to do there in terms of really fleshing that out in detail and we are going to continue to do that work.
- Scott Wiener
Legislator
So I say all of these things. You may have noticed that a number of the things that I just indicated are also issues that have been flagged in the analysis. And that's why I say that we appreciate the analysis and we'll continue that work if the bill moves forward today.
- Scott Wiener
Legislator
So we have made some progress around transit oriented development. We know that we need a lot of housing in California. We have a massive shortage that is driving middle income and working class and low income people out of the state. And we talk a lot about where we don't want to build housing.
- Scott Wiener
Legislator
For example, discussion about the highest severity fire zones and other areas where people may not want to build housing. We don't always talk about where do we, where do we want to build housing? Where do we want to prioritize housing? And if, if it's not around the highest quality public transportation stops, I don't know where it is. And that's what this bill will do. Other states are ahead of us on this, putting minimum standards in place. Colorado, Utah, Massachusetts, minimum standards in place.
- Scott Wiener
Legislator
If we're going to make big public investments in public transportation, which of course I support and I know many of us support, we need to make sure that people can actually live near those stations and ride on those trains or those high quality bus lines.
- Scott Wiener
Legislator
So, you know, I think that this is a bill whose time has come. We've tried to make it very focused. It is way less broad, much more, you know, focused than some previous efforts that I've been engaged in. And I hope that the Committee moves the bill forward, and I respectfully ask for your aye vote. With me today to testify is Berkeley City Council Member Rashi Kesarwani and Jordan Grimes with the Greenbelt Alliance. And we also have, for technical questions that may come out up, Aaron Eckhouse with California YIMBY.
- Rashi Kesarwani
Person
Thank you very much, Senator Wiener. Good morning, Members of the Committee. My name is Rashi Kesarwani, and I have the honor of serving as the Berkeley City Council Member representing the North Berkeley BART Station. Great to see our former Mayor here serving on this Committee.
- Rashi Kesarwani
Person
This station sits in the middle of a low rise residential neighborhood of mostly one story bungalows, so it was no small feat when the Berkeley City Council with our former Mayor, Jesse ArreguĂn, embarked on a community engagement process to create homes at the site beginning in 2018. Fast forward seven years.
- Rashi Kesarwani
Person
Our City Planning Department has now issued a land use entitlement for 739 homes at the six acre parking lot of this BART station. The development team has proposed six to eight story buildings, including 3 100% affordable housing buildings, with 52% of the 739 homes affordable to low income households, including formerly homeless people.
- Rashi Kesarwani
Person
More than 100 million of public investment has already been secured for this site, and the development team is hoping to break ground on the first building next year. What I want you to take away from this is that we would not have reached this successful outcome without state laws like AB 2923 from by former Assembly Member David Chiu that required BART to zone its stations for development.
- Rashi Kesarwani
Person
As the Senator noted, we know that allowing more homes close to public transit is one of the smartest things we can do to address our state's housing shortage and the threat of climate change. Over the last 10 years, as state housing laws have required the City of Berkeley and cities across the state to say yes to more homes, we have seen rents stabilize and even fall.
- Rashi Kesarwani
Person
SB 79 builds on important progress by extending the success of AB 2923 for BART stations to other transit systems and places reasonable requirements related to zone density. Finally, in the City of Berkeley, I want you to know that the census shows that the average Income for a household living in a detached single family home is $235,000, whereas the average income for a household living in a large apartment building like the ones we're planning to create at the North Berkeley BART station is $61,000.
- Rashi Kesarwani
Person
We know that the housing scarcity imposed by our zoning code pushes our low income residents into homelessness and often forces our teachers, nurses, first responders like firefighters and EMTs, seniors, and young adults who grew up in our community to move away. I believe we can do better and help all California cities do the right thing. That is why I'm asking you to support SB 79. Thank you.
- Jordan Grimes
Person
Good morning, Members. My name is Jordan Grimes, and I'm the State and Regional Resilience Manager for Greenbelt Alliance. We are an environmental nonprofit that has for the last 67 years worked to conserve and protect the natural and working lands of the Bay Area.
- Jordan Grimes
Person
One thing our organization has learned over decades of policy and advocacy work, being effective conservationists requires us to be as zealous in our advocacy for infill housing as we are for our climate and natural resources. That's why we're proud to co-sponsor SB 79.
- Jordan Grimes
Person
For far too long, California has embraced development patterns that have harmed both our communities and our environment. The primary driver of sprawl and the loss of our natural landscapes is an overwhelming demand for housing. And if we don't make it easier to build homes within our existing communities, were forcing that development outward onto farmland and floodplains, destroying natural resources and putting people directly into harm's way.
- Jordan Grimes
Person
And as housing costs continue to rise, we force Californians to flee to sunbelt areas like Dallas and Phoenix, regions where their carbon footprint skyrockets due to car dependent development and higher per capita emissions. SB 79 helps tackle three intersecting and intertwined crises, housing affordability, climate change, and the financial instability of our transit systems.
- Jordan Grimes
Person
By accelerating housing production near transit, the bill reduces emissions from long commutes, provides new ridership and revenue for transit agencies themselves, and opens up vast amounts of land in our existing cities and towns for both market rate and deed restricted affordable homes in the places where it is most sustainable to build them.
- Jordan Grimes
Person
It is important to remember that the vast majority of Californians live in housing on the open market. SB 79 adds critical supply to that market, easing rent pressures and creating more equitable access to jobs, schools, and services. Significant new public benefit for Californians.
- Jordan Grimes
Person
And with California losing 50,000 acres of farmland to sprawl every year, we cannot afford to keep building the wrong way. SB 79 means smarter growth, safeguarding our environment, and a California that everyone can afford. We respectfully ask for your aye vote today. Thank you so much.
- Steven Choi
Legislator
Thank you. Now lead the witnesses having completed their statements, I would like to reach out to the public. State your name and organization and mention your position only.
- Katie Caceres
Person
Hello. I'm Katie Caceres, and on behalf of the UC Davis College Democrats, we support this bill.
- Robert Naylor
Person
Morning, Mr. Vice Chair, Members. Robert Naylor representing Fieldstead and Company, that's Howard Ahmanson Jr. He is in strong support.
- James Ye
Person
Good morning. My name is James Ye, also from Davis College Democrats. I'm supporting this bill.
- Steven Choi
Legislator
Thank you. To save our time, would you please move over to the other side so we can save our time? Go ahead.
- Brooke Pritchard
Person
Hello. Brooke Pritchard on behalf of California YIMBY as a proud co-sponsor.
- Kirsten Bladh
Person
Kirsten Bladh on behalf of Streets for All in support as a co-sponsor.
- Sosan Madanat
Person
Sosan Madanat here on behalf of California Community Builders in support.
- Kate Rogers
Person
Hello. Kate Rogers here on behalf of the UC Student Association, the ASUC Housing Commission, the Triton Housing Commission, the ASUCSD Office for Local Affairs, Youth Bridge Housing at UC Santa Barbara, the Social Action Committee at SDSU, and of course Student Homes in support. Thank you.
- Silvia Shaw
Person
Silvia Solis Shaw on behalf of the City of West Hollywood in support. Thank you.
- Michael Gunning
Person
Madam Chair and Members. Michael Gunning, Lighthouse Public Affairs, here in support for San Diego Housing Commission, Habitat for Humanity California, Abundant Housing Los Angeles, and SPUR, as well as Circulate San Diego.
- Corey Smith
Person
Good morning. Corey Smith on behalf of the Housing Action Coalition in support.
- Ali Sapirman
Person
Good morning. Ali Sapirman, I'm a San Jose Housing Commissioner, in support.
- Catherine D. Charles
Person
Catherine Charles on behalf of the Bay Area Council, a proud co-sponsor in support.
- Graciela Castillo-Krings
Person
Good morning. Graciela Castillo-Krings on behalf of Prosperity California in support.
- Mary Shay
Person
Mary Ellen Shay, California Association of Local Housing Finance Agencies, strong support.
- Marc Vukcevich
Person
Good morning. My name is Marc Vukcevich. I'm a constituent of Dr. Choi's, and I'm speaking in support of Rise, Remake Irvine Streets for Everyone, the Costa Mesa Alliance for Better Streets, Orange County People Oriented Places, and People for Housing Orange County.
- Josh Albrektson
Person
Dr. Josh Albrektson, South Pasadena Residents for Responsible Growth, in strong support.
- Matthew Robinson
Person
Thank you, Mr. Chair. Matt Robinson with California Transit Association. We don't have a position yet, but really appreciate the opportunity to continue to work to refine the Surplus Lands Act piece of the legislation. Your staff has been wonderful in their efforts in that regard with us, and hopefully can find a more surgical approach to that. Thank you.
- Steven Choi
Legislator
Thank you. Okay, now, do we have any opposition major lead witnesses? Yeah. Can you take this one? And you, can you vacate the seat for the opposition? Yeah. Okay. Or you sit in the front? Okay, go ahead.
- Brady Guertin
Person
Good afternoon, Chair and Members. Almost afternoon. Brady Guertin on behalf of the League of California Cities in respectful opposition to SB 79. Encouraged by the amendments we heard today. We'll look forward to reviewing those, should the bill get out. But we did want to flag three important issues that Cal Cities has with this measure.
- Brady Guertin
Person
Number one, the state for years has emphasized the importance of the housing elements process for our local governments to get their plan certified and the site for their fair share of affordable housing. These efforts require us to determine that the sites are viable and to balance the needs of the community while also being approved by the state Housing Department.
- Brady Guertin
Person
This measure, as currently drafted, would overrule all the efforts that cities have made to do that. So it makes us beg the question, why spend thousands of dollars and take years to get these amended and certified by the state for the state to come in and say, that's not good enough, you have to do more?
- Brady Guertin
Person
The other issue of concern that is really important with this one is the ability to give transit agencies full land use authority. Now, we understand that there's going to be conversations about that, but the problem is there are no requirements to build housing. Cities have a requirement to site for and plan for affordable housing.
- Brady Guertin
Person
And there is no requirement where a transit agency could take up a parcel of land and do commercial development or other development that is not residential. The other important thing to note is when we have a disconnect between where we're siting for residential housing as well as what land use authorities are counterintuitive.
- Brady Guertin
Person
That's going to be really challenging at the local level. The reason local governments plan for and site for their fair share of housing is to ensure that it meshes with the community. It has all the services and infrastructure needed. We have a requirement to show why. And so we're very concerned.
- Brady Guertin
Person
By giving a transit agency that does not have planning staff expertise, the authority to do land use is going to be really challenging and create a lot of challenges at the local level. So for those reasons, we have a respectful opposition. But we'll look forward to those continued conversations with the author's office. Thank you.
- Christina Caro
Person
Good morning, Madam Chair, Members of the Committee. My name is Christina Caro. I'm here on behalf of the State Building and Construction Trades Council in opposition to SB 79. The State Building Trades represents nearly half a million working men and women in the State of California, including over 65,000 who are enrolled in state of the art apprenticeship programs.
- Christina Caro
Person
While we appreciate the author's statements about potential amendments, which we look forward to reviewing, we're concerned they would still not address several of the State Building Trade's concerns, including labor standards. I'll just address a few of these concerns briefly. First, SB 79 is a giveaway to developers and it elevates private benefits over public safety.
- Christina Caro
Person
It would override existing streamlining laws without affordable housing, without construction workforce protections or housing element compliance, and lax environmental review. So first, SB 79 streamlines transit oriented development residential projects, but with no affordability requirement. So this would increase market rate housing, may actually prevent cities from reading, from meeting their RHNA requirements for affordability.
- Christina Caro
Person
It also streamlines commercial development by allowing transit agencies to approve 100% commercial projects and lands that they own or control. This elevates commercial development over housing in these critical transit areas. Second, SB 79 risks public health and safety by exempting projects from CEQA, by allowing housing to be built in light industrial areas, and by not considering infrastructure capacity.
- Christina Caro
Person
Failing to consider infrastructure and public services to serve projects including basic and critical infrastructure like water, fire protection, police protection, sewer capacity, and utilities can put communities at risk. Finally, SB 79 eliminates or creates exceptions to existing labor standards that the Legislature has adopted and prioritized in other recent streamlining bills like SB 423, SB 6, and AB 2011.
- Christina Caro
Person
The Legislature has found that labor standards are critical because they ensure safe, high quality construction. They provide opportunities for local employment and maintain area wage standards. The construction industry does more than just build projects. The construction industry builds economic opportunities for low income and disadvantaged communities. It provides a pathway to the middle class for workers who come from disadvantaged areas or may not have advanced degrees. SB 79 would roll back these state mandated standards. For that reason, we respectfully ask for your no vote.
- MarĂa Elena Durazo
Legislator
Thank you very much. We now move on to others in opposition. If you could come up, give your name and the organization please.
- Carlos Gutierrez
Person
Madam Chair and Members, Carlos Gutierrez here on behalf of the City of Huntington Beach in opposition.
- Max Perry
Person
Chair and Members, Max Perry on behalf of the City of Camarillo, also in respectful opposition. Thank you.
- Paul Gonsalves
Person
Good morning, Madam Chair and Members of the Committee. Paul Gonsalves here today on behalf of the Cities of Fairfield, Folsom, Simi Valley, Chino, Rancho Cordova, Norwalk, Glendora, La Mirada, Lakewood, Lomita, Palm Desert, Palmdale, Torrance, Yucaipa, and Paramount. All in opposition. Thank you.
- Ethan Nagler
Person
Ethan Nagler on behalf of the Cities of Carlsbad, Merced, Rancho Cucamonga, and Thousand Oaks in respectful opposition.
- Benjamin Henderson
Person
Good morning. Benjamin Henderson on behalf of the Western Center on Law and Poverty in opposition.
- Cassandra Mar
Person
Chair and Members, Cassandra Mar on behalf of the town of Apple Valley and the City of Downey in respectful opposition.
- Kyra Ross
Person
Good morning. Kyra Ross on behalf of the Cities of Glendale, San Marcos, Solana Beach, and the Marin County Council of Mayors and Council Members, all in respectful opposition.
- Dylan Hoffman
Person
Morning, Madam Chair and Members. Dylan Hoffman on behalf of the City of Beverly Hills in opposition.
- Nicole Wordelman
Person
Nicole Wordelman on behalf of the City of Ontario in opposition.
- Brian Augusta
Person
Brian Augusta on behalf of the Public Counsel, Public Interest Law Project, and the California Rural Legal Assistance Foundation. Look forward to continued conversations with the author, but we're opposed to the bill in print.
- Phoebe Seaton
Person
Phoebe Seaton with Leadership Counsel for Justice and Accountability in opposition.
- Jennifer Ganata
Person
Jennifer Ganata, Communities for a Better Environment. We respectfully oppose. Thank you.
- Christopher Martin
Person
Chris Martin on behalf of Housing California and the Sacramento Housing Alliance in a concerns position, and look forward to working with the author and sponsors to resolve our concerns.
- Kerry West
Person
Kerri West with Townsend Public Affairs representing the Cities of Pleasanton, Walnut Creek, Lafayette, Orinda, Concord, Modesto, Newport Beach, Oceanside, and Tustin in opposition. Thank you.
- MarĂa Elena Durazo
Legislator
Thank you very much. We move now on to the dais and Members. Anybody? Senator ArreguĂn?
- Jesse Arreguin
Legislator
Well, thank you. I made the motion for this bill in Senate Housing, and I'm proud to make the motion at the appropriate time to move this bill out of Committee. And certainly respect the position of opposition, but I think that the amendments that the author outlined in his opening statement that are addressing issues around the fact that we have different types of communities in California. Some urban, like the communities I represent in Senate District 7, some rural, some suburban.
- Jesse Arreguin
Legislator
Recognizing that we need to find a way to streamline the production of housing, but in a way that fits into local context, so I appreciate the amendments that you are proposing along those lines. And also appreciate the conversations with the affordable housing community around the issues around the Surplus Lands Act. As you and I have talked about, the Legislature, and I know you supported all these bills, has taken many steps to try to prioritize the disposition of surplus land for housing.
- Jesse Arreguin
Legislator
And I just don't, I want to make sure that while we need to support our transit agencies, that's why I'm carrying a $2 billion budget ask to fund our transit operators in California, that we're not disincentivizing the production of housing, particularly affordable housing. So I know you're continue to engage in that. I know you share those, that commitment as well.
- Jesse Arreguin
Legislator
And I just want to address the issue around this disincentivizing affordable housing. This would have the effect along high frequency transit corridors and around major transit stations of upzoning that land from lower intensity use to actually allow for affordable housing projects to be built.
- Jesse Arreguin
Legislator
Because right now the in many of these communities the underlying zoning designation doesn't support an affordable housing project. In addition, affordable housing doesn't grow on trees. It requires money or it requires regulatory incentives. And so by building market rate housing through local inclusionary ordinances. And I appreciate your commitment to respect those local policies.
- Jesse Arreguin
Legislator
I think we should have a statewide inclusionary policy, but I appreciate your commitment to respecting local policies. That will ensure that we get affordable housing built as new market rate development is built as well. Ultimately, we're facing two crises in California.
- Jesse Arreguin
Legislator
We're facing a transit fiscal cliff that's impacting BART and LA Metro and Muni and many transit operators in the state because of pandemic losses in ridership and the one time emergency funds are going away. And we're also facing a housing supply crisis.
- Jesse Arreguin
Legislator
And so I think this bill is a step in the right direction to help support our transit agencies and to locate housing where it should be built. Not in those very remote areas or suburban areas, but along high frequency transit corridors and around transit stations.
- Jesse Arreguin
Legislator
And I think that's where we should be building, where it reduces VMT or helps meet the state's climate goals and where it's actually creating a sustainable lifestyle for people living in our state, supporting our local businesses, supporting our transit operators. So with that, I plan to support the bill today. And thank you for the amendments.
- Kelly Seyarto
Legislator
Thank you very much. The one amendment that you could make that would make me get on board. You and I have already talked about all the different things. I'm not going to go rehash all of that. You can draw a big circle around the Bay Area, a big circle around LA, and a big circle around Metro San Diego and apply it to there because that's where the benefit would be. Applying it to suburban areas and suburban communities who are already under hard mandates by RHNA and meeting the RHNA numbers and things like that to do the urban sprawl that you're talking about.
- Kelly Seyarto
Legislator
So they're already encouraging urban sprawl just through that process. My concern is for suburban communities, especially ones I represent. They need the ability to fully control what's going on in their communities as far as growth, where it's going, and what happens in the future.
- Kelly Seyarto
Legislator
And so I cannot support this in the because it is the one size fits all. And unfortunately in California one size does not fit all. And if people have the appetite to do this in those areas that's great because we do need to enable urban areas to re-urbanize basically and put the right developments in.
- Kelly Seyarto
Legislator
Take out some of those old commercial and old office that don't need to be there anymore and especially along the rail corridors if that makes sense for those communities. Perfect. Do it. But too prescriptive. So anyway, so you know that. I appreciate some of the amendments you're trying to take on it and trying to address the concerns, but it does, it falls short for communities.
- Steven Choi
Legislator
Thank you, Chair. And Senator Wiener, I really appreciate your effort and for long time for encouraging building more affordable homes, especially the low income people and California. We all know that California is facing big problem of homelessness situation, and we can attribute roughly half of them could not afford their homes. So encouraging and setting the policies to build more homes and especially mass transit area and increasing high density and also allowing use of specified certain sites with unspecified allowances. I think this will encourage it, definitely.
- Steven Choi
Legislator
But as Senator Seyarto has mentioned, state mandate is trying to treat all the cities as same. Cities like where I come from, planned community City of Irvine is well known for that. They know what zoning is needed and transportation need and also self sufficiency of each development.
- Steven Choi
Legislator
Our City of Irvine is well known for having developed communities with the village concept that each village will be self sufficient with its gas stations or shopping centers with a few exceptions. So that the concept is that to minimize the traffic within the city, containment of all necessary infrastructure will be within that, within the villages.
- Steven Choi
Legislator
And this kind of also allowance for and mandating high density, so that overrides local authority of their own community planning. And as you have seen, the half of the roughly half of the people are in opposition whereas slightly more than half were in support.
- Steven Choi
Legislator
Especially the opposition statement representing League of Cities is a composition of all the cities representing, they are objecting to it. And also my office, local government office has been bombarded telling me to oppose on that. So you can see that, which rhythm should I dance to?
- Steven Choi
Legislator
You know, half of people are right, half of people are wrong, it is not so. They have all unique requirements and circumstances. So I would rather prefer to leave that autonomy and the jurisdiction to local governments and all local government elected officials.
- Steven Choi
Legislator
They all know that we have housing shortage issues and affordable housing issues as much as they are trying to develop in their capacity and also through the state mandate RHNA. But this bill is another layer of overriding the local authority. So as much as I would like to support, because I am in concept. We do need, I do support the concept, we do need more affordable homes. But this bill is not really fitting the tool to solve for all the problems that we are facing.
- Christopher Cabaldon
Legislator
I was told I asked 37 minutes of questions. Again, just incorporate that by reference. But I want to first agree with the comments of my colleagues across the aisle. And I agree in the reasoning, but not in the conclusion.
- Christopher Cabaldon
Legislator
And that's because the memos that the author has described go along partly in response to the 37 minutes of questions, but I think also as a result of a lot of deep reflection about this and try to get at this issue in a different way.
- Christopher Cabaldon
Legislator
And I think they are a breakthrough in the direction in which our state housing policy is going. And I ran for the Senate in part because I am a weird duck. I come from a region that has had challenges. Many of our local communities, cities and counties for many, many years were not that interested in building housing.
- Christopher Cabaldon
Legislator
We're seeing the consequences of that today with school closures, our local universities faced with persistent declining enrollment, lots of negative consequences. But my own city is one of the top 13 housing producers in the state.
- Christopher Cabaldon
Legislator
And so I have a lot of experience in trying to do this in a context that's very different, obviously, from San Francisco or Oakland or some of the places that my colleagues have described.
- Christopher Cabaldon
Legislator
And so I ran because I was hoping that we could keep the urgency, the force, the power of the movement to do exactly what my colleagues have said with respect to building more housing throughout the state and in communities that need housing for their families to stay whole, for their communities to stay whole, for their schools to stay open.
- Christopher Cabaldon
Legislator
But that understood, what's different in Dixon or American Canyon or Calistoga or Sonoma compared to downtown Oakland or downtown San Francisco?
- Christopher Cabaldon
Legislator
And so these amendments, I think, are a breakthrough in starting the conversation about how we distinguish between place and context, and also how we distinguish between the, I think I said at that hearing, the wicked and those that are trying to defy gravity.
- Christopher Cabaldon
Legislator
And these amendments are an important step forward, and they are a tangible step forward in that way. So, So by focusing the bill principally in those counties that have the network of transit, that makes transit a viable, strong, powerful, both for the individual and for communities.
- Christopher Cabaldon
Legislator
It recognizes that that's an incredible advantage that other places we may aspire to, but we're nowhere near that at the moment, while also recognizing how the state can be an important nudge, but understand how far away we are in Woodland to have the kind of transit access and service that we do in the Bay Area and LA and San Diego.
- Christopher Cabaldon
Legislator
And so that. And the change to the tiers also to recognize that as well, and to respect, but nudge local ordinances to Promote more transit oriented development, even if it's not the transit oriented development that you would expect to see in El Cerrito or in Emeryville, that we are evolving as we're going forward.
- Christopher Cabaldon
Legislator
So I very much appreciate that, which I just want to signal for a lot of my local communities who are split, but mostly opposed, that this is an important breakthrough, not just on this bill, but as a way to reconceptualize the way that the state is approaching as we move beyond the period of grabbing everybody out of the lapels.
- Christopher Cabaldon
Legislator
Hey, you're going to jail if you don't build more housing.
- Christopher Cabaldon
Legislator
That was a necessary moment, but now we need a long term strategy that is going to build community support and the alignment of investment and support by politically and financially for this to happen also in the bill, in the amendments, you know, addresses a lot of the issues around, you know, where exactly this applies and that's understanding that we're trying to strengthen transit and development around it, not in radically remote places.
- Christopher Cabaldon
Legislator
So I think these go a long way, both on this bill, but they're also, to me, an important step in bringing the rest of California into the housing conversation in a way that isn't just always, you know, a significant breakthrough and oppose, but really how can we, how can we start to craft policies that really do work in Fairfield and Suisun City?
- Christopher Cabaldon
Legislator
So I think this is, you know, it's not everything, but it's certainly a lot in terms of that progress and it's a good starting point. And then the only other thing I want to add is that I completely agree with Senator Arreguin in these. In Winters, I will eventually name every city in my district.
- Christopher Cabaldon
Legislator
But in, you know, in Winters, in Yountville and Rohnert Park, in no case is the challenge around affordable housing finding sites that are restricted to be used for affordable housing. That is not the issue. These are communities that know that they must and want to build affordable housing.
- Christopher Cabaldon
Legislator
And they have sites zoned, they have sites approved and they cannot get the financing for it. Sometimes it's our problem because we've constructed programs that give you points for being next to a major transit stop. And Winters is not going to be next to a major transit stop probably for at least a century.
- Christopher Cabaldon
Legislator
So sometimes it's us, but more often it's just these are projects that pencil. They're absolutely viable projects.
- Christopher Cabaldon
Legislator
They don't need an extraordinary subsidy, but, but they're not competitive either for public funds or in the financial markets because you're always going to be better off as an investor investing in a tower in the Authors district as opposed to the very first five story development in a community in my city, it's not that risky, but it's slightly more risky than all the other options that are out there.
- Christopher Cabaldon
Legislator
And so these are small nudges that have to be made in order to make these projects that communities are trying to advance and, and just cannot get them across the line.
- Christopher Cabaldon
Legislator
And so the combination of making sites available but also then creating the context where the site will attract investment because not only, not because it's been restricted for affordable, but it is possible to get the, in the market, get the financing to make that project a reality is absolutely critical.
- Christopher Cabaldon
Legislator
I think in my own city we have dozens and dozens and dozens of sites that are fully ready to go, but we cannot get the financing across the line. So this bill goes a significant step in that direction.
- Christopher Cabaldon
Legislator
Finally, just to reinforce, I know for some of my local governments just to remember that they are the transit agencies, that no one in Yolobus, which I used to chair is going to be running over the land use authority of Woodland or Davis or Winters or West Sacramento.
- Christopher Cabaldon
Legislator
Because it's, we've seen the eyes, we've looked in the eyes of the transit agency and it's our, we're on the board and same thing in Sole, Trans and Smart and the rest of the transit providers in districts like mine, they are already the local governments. That's good because we need local land use transportation planning ballot measures.
- Christopher Cabaldon
Legislator
We need all that stuff in alignment for even the chance that we're going to make progress in this area. So that's a good thing. But we didn't, we shouldn't be worried that in these kind of suburban and rural areas that the big bad transit agency is going to start running over everybody's land use authority.
- Christopher Cabaldon
Legislator
That's not, that's never happened. That never happens. It's not a reality.
- Christopher Cabaldon
Legislator
This bill gives some of the tools and the nudges necessary while I think importantly setting a new tone about how we, how we, how we, how we unleash those that want to defy gravity, the best players that are trying to do a good, good job and also respect the differences in place and context so that housing can actually get built.
- Christopher Cabaldon
Legislator
So I'm tending to vote for it today. Again, thank the author for the really deep, thoughtful work in order to get us to this point. Looking forward to continuing to refine and evolve.
- MarĂa Elena Durazo
Legislator
Any more? No more questions or comments. I have a couple of questions for the opposition. If you could respond. The Issues come up, of course, about affordability and yet I think this tilts on the side of market rate.
- MarĂa Elena Durazo
Legislator
So could you give me your thoughts on why you, why you believe the bill should include the affordability for units built near transit and the impact on that market rate housing would have on affordability.
- Unidentified Speaker
Person
Thank you for the question, Madam Chair. So, as we all know, affordable housing in transit oriented zones is a high priority for the state. Even the Senator just stated that in his comments. There are some studies that show that market rate housing can actually result in displacement of lower income residents from cities.
- Unidentified Speaker
Person
There's also little evidence which shows that loosening restrictions on market rate development to simply have more of it would actually result in meaningful reductions in rents such that they would be affordable to those lower income communities.
- Unidentified Speaker
Person
And SB 6, excuse me, SB 79 is likely to reduce affordability because it allows for streamlined market rate development in those critical transit oriented zones.
- Unidentified Speaker
Person
I'll just add, you know, a lot of our cities do a lot of affordability covenants and have affordable requirements that they're in. Locally. Locally. Right. So I think ensuring that those are still important and there's is relevant. Right.
- Unidentified Speaker
Person
Inclusionary zoning has been something that's been used or inclusionary policies have been really important at the local level to ensure affordability. And we want to ensure that that covers that.
- Unidentified Speaker
Person
But I think the bigger, the bigger thing is, you know, our local governments have a lot of affordability covenants and stuff and we think that we want to make sure they're respected as well.
- MarĂa Elena Durazo
Legislator
And could you speak to the impact that local infrastructure, the bill would have on local infrastructure and public services?
- Unidentified Speaker
Person
Sure. I mean, when you're, when you're, when you're looking at it from an increase in density that could be higher than some housing elements. Right. We will then have to look at other ways to provide the infrastructure.
- Unidentified Speaker
Person
Because you're having more residents live in the area, you got to have infrastructure upgrades, whether that's your sewer and water or whether that's looking at your roads to make sure you have safe exit routes for fire hazard severity zones. There's a variety of reasons that we need to.
- Unidentified Speaker
Person
And when we have height limits that go beyond some of the local government's regulations or set these really dense projects that are different than what cities have planned for, it's going to be really challenging to ensure good quality of life and service to our residents that are incoming.
- Unidentified Speaker
Person
So that's why it's really important that we respect the state mandated housing element. Plans that we have to do and get approval by the state to show exactly why these sites are viable and how we're going to get that at the local level.
- Unidentified Speaker
Person
And that's really important to do that because as you increase residential capacity, we need to have the services available to make sure that we have a good quality of life for the community.
- MarĂa Elena Durazo
Legislator
Great. Thank you. Well, I know Senator Wiener, we all acknowledged all the many years that he has devoted and committed to the housing issue and always trying to be very innovative.
- MarĂa Elena Durazo
Legislator
And now with this one, specifically with housing near transit stations, if we do this right, we can actually help working families because we can help them find a place to live, use public transit to get to work, reduces climate. All of these are the kinds of goals that I think most, if not everybody has.
- MarĂa Elena Durazo
Legislator
But if we don't do it right, if we leave decisions about what to build up to market rate developers who do not have the broader public interest in their minds, it's the wrong way to go.
- MarĂa Elena Durazo
Legislator
And I believe that SB 79 falls too much in the latter category without enough strong protections for affordability, minimum density, good jobs, and against displacement and gentrification. We're telling working people that our plan to solve the crisis, it starts at the top.
- MarĂa Elena Durazo
Legislator
We will help Californians who find it easier to afford housing before we help those who need assistance the most. I want to solve. I want to be part of solving the housing crisis at all income levels. But certainly we have to prior.
- MarĂa Elena Durazo
Legislator
I believe we should prioritize those individuals who need the most because if we don't help them, more people are going to end up in homelessness. I get it. Requiring community benefits could decrease developers return on investment.
- MarĂa Elena Durazo
Legislator
But if we don't get sufficient community benefits from these projects, we will continue to have to use state resources, public resources, to build shelters and provide assistance. So while I want to help members move their legislation forward, sometimes bills go against our core values and amendments won't address that.
- MarĂa Elena Durazo
Legislator
For those reasons, Senator, I'm not supporting your bill today. With that, I think we're ready. Closing remarks. Sorry, you get the last chance.
- Scott Wiener
Legislator
Thank you very much, Madam Chair. I will start from the end of your remarks. And as you know, you and I have always had a fantastic relationship and that will continue. And we are aligned on the vast majority of issues. On this one, unfortunately, we are deeply not aligned.
- Scott Wiener
Legislator
And I do not believe that building more housing near public transportation, housing of every variety goes against our core values. I think it absolutely supports our core values of ending the housing shortage that is strangling California, it supports our effort to reduce vehicle miles traveled, to fight climate change, and to expand every, every kind of housing.
- Scott Wiener
Legislator
So I just, I do disagree with that. I think this absolutely accentuates California's core values because we are an unaffordable state and housing is at the heart of that. And the reason is that we haven't built enough of it of all varieties for decades and decades and decades.
- Scott Wiener
Legislator
You know, in terms of affordability, when we look at our transit stations now, because that's what we're comparing it to, the status quo. You go to different communities in the Bay Area, in Southern California, all over, and you see train stations.
- Scott Wiener
Legislator
We make massive public investments of public dollars to build these stations and then we surround them with low density housing, often single family homes. How's that going for affordability? To have a $2 million home that's not affordable to the vast majority of Californians.
- Scott Wiener
Legislator
And so when we talk about affordability, the status quo is what is making California unaffordable. It's not the idea of building a lot more housing near transit. So I think it's the exact opposite. Building more housing is what makes it less affordable.
- Scott Wiener
Legislator
And we talk about displacement and middle class families, working families, low income families who are leaving the Bay Area, they're leaving parts of LA because they're getting pushed out. They can't afford it.
- Scott Wiener
Legislator
They're leaving California entirely to the point where Texas and Florida are going to gain seats in the House of Representatives and California is going to lose seats. That's a housing issue because we're not building housing. And so people are leaving. It's the failure to build housing that causes displacement.
- Scott Wiener
Legislator
And I want to say I could not disagree more with some of many statements that the building trades made. And I'm surprised that the building trades made some of the statements they made today. Market rate housing doesn't cause displacement. It's a failure to build it that causes displacement.
- Scott Wiener
Legislator
And I also want to note, this bill does not in any way reduce labor standards. This bill, you either use SB 423, which has labor standards in it, which the building trade supported that bill in the end, or the normal CEQA process that has been used for years. The bill does not scale labor standards back in any way.
- Scott Wiener
Legislator
I have no problem with anyone opposing my bills. That's democracy. I do have a problem when the bill is not described accurately. So, colleagues, I think this is a good bill. I really appreciate the robust discussion today and I respectfully ask for an aye vote.
- MarĂa Elena Durazo
Legislator
Thank you. We will proceed. Oh, I'm sorry. Yes. Senator Arreguin moves the bill.
- Committee Secretary
Person
The motion is do passed to the Committee on Appropriations. Senators Durazo?
- Committee Secretary
Person
Choi. No. Arreguin. Aye. Arreguin. Aye. Cabaldon. Aye. Cabaldon, Aye. Laird, Seyarto, Wiener, Wiener. Aye.
- MarĂa Elena Durazo
Legislator
The vote is 3:2 and we'll leave it on call. Thank you very much.
- Steven Choi
Legislator
Okay. Chairwoman has to go to another Committee to make her own Bill presentation. So I will continue with the Bill number, sequence number 14, SB 607. Senator Wiener, when you are ready, you can begin.
- Scott Wiener
Legislator
Great. Thank you very much, Mr. Vice Chair. Today I am presenting Senate Bill 607, the Fast and focused CEQA Act. I want to start off by accepting their amendments that I agreed to in the Environmental Quality Committee that we needed to take in this Committee. And so we are, of course, agreeing to those amendments.
- Scott Wiener
Legislator
I want to again thank the Committee for the thoughtful analysis and the various thoughts and ideas in the Bill, some of which we. In the analysis. Excuse me, some of which we agree with. I appreciate the time and effort the staff put into analyzing this Bill.
- Scott Wiener
Legislator
For California to succeed as a state, we need to build an abundance of housing, child care centers, transportation, clean energy, and all the things that make life better and more affordable for people. CEQA provides communities with important safeguards. And this is not a situation where we're saying CEQA needs to be eliminated. It doesn't.
- Scott Wiener
Legislator
There are situations where CEQA provides important protections and safeguards for the community and for the environment, and I support that. However, unfortunately, CEQA goes well beyond protecting the environment.
- Scott Wiener
Legislator
And we have seen so many situations where CEQA is used as part of essentially a vetocracy to block and delay projects that are beneficial to a community, including projects that local cities want.
- Scott Wiener
Legislator
Which is why I'm proud that we have so much local support for this, including CSAC and RCRC and the big city mayors, because local communities understand what happens when that community, a city or a county or what have you, wants to do something, whether it's a private project or a public project, to benefit their community.
- Scott Wiener
Legislator
And there is a minority of people that use CEQA as a tool to delay obstruction, even kill that project. That is not beneficial for any local community. I wanted to say a recent example in Alameda. In the City of Alameda in Alameda County, they're trying to put a food bank there.
- Scott Wiener
Legislator
I think we all agree food banks are a good thing. We need more of them. They were sued under ceqa, not for any environmental reason, but there were some neighboring businesses that didn't want the food bank there, and so they sued. Finally, I just saw the other day in the paper that they lost. They lost.
- Scott Wiener
Legislator
But that delayed that project significantly, and it made it more expensive. We're giving tools to people to make it harder and longer and more expensive to put a food bank in. And that's just the tip of the iceberg.
- Scott Wiener
Legislator
It has also been used to hold up projects, energy projects, for example, solar farms in San Diego, wind farm in Lompoc. Lompoc. A bike lane project in San Francisco that had brought support that was delayed years because of a CEQA lawsuit.
- Scott Wiener
Legislator
Over and over again, projects that communities want that have gotten support from the local City Council, where the cities are investing money or private businesses are investing money, and it gets slowed down or blocked by CEQA. SB 607 is a bipartisan measure and I'm proud that in the Environmental Quality Committee we receive broad bipartisan support on this.
- Scott Wiener
Legislator
It's a measure that will reduce frivolous lawsuits, like some of the ones I've described, and needless impediments to the progress of California. Today, preparing a full environmental impact report under CEQA can take a year or much longer and cost a million dollars or more.
- Scott Wiener
Legislator
A lawsuit for an alleged failure to comply with CEQA can take two years or way more to resolve. Because the law is so broad, CEQA as of today allows anyone to hold projects hostage to whatever demands they feel like making.
- Scott Wiener
Legislator
Since getting sued under CEQA or even the fear of getting sued under CEQA can cause good projects to die on the vine. Right?
- Scott Wiener
Legislator
Some of the statistics about how many CEQA lawsuits are there, how many EIRs are there, that doesn't even tell the full picture because there are so many projects that just don't happen because they know that it's going to get tied up and it's not going to be financially viable.
- Scott Wiener
Legislator
That's why we have so much local government support for this Bill. This Bill will make focused, smart reforms to CEQA and not just exemptions. We get criticized sometimes. Hey, why are you always doing exemptions to CEQA? Why don't you fix CEQA itself? This Bill actually takes that step and makes several really good government reforms to CEQA.
- Scott Wiener
Legislator
For example, when cities have to prepare the administrative record in an EIR, right now, it is so broad what they have to include in there; emails that are so tangential, that not only is it a burden on the city, but it becomes a 'gotcha' in litigation because you can overturn an EIR because they forgot to include a couple of tangential emails that had nothing to do with the actual approval.
- Scott Wiener
Legislator
That happens sometimes. So we propose like really focusing the administrative record on what's relevant to the project, what the decision makers are seeing, the real core documents. It will for.
- Scott Wiener
Legislator
For projects that come very close to getting an exemption but missing it by one factor only. Instead of saying, now you have to go and do a full EIR. Let's just do the EIR on the one factor that caused you to miss.
- Scott Wiener
Legislator
In addition, we have when cities determine whether a project needs a full EIR or if they believe it does not have a significant environmental impact, and so it should have a negative declaration.
- Scott Wiener
Legislator
Right now, when cities make that decision, they know that if there is someone ready to sue, you should not even bother to do a negative declaration because the legal standard is almost impossible to defend. And so we change the legal standard to make it the same as defending an EIR in court.
- Scott Wiener
Legislator
It's giving cities more ability to make that determination. We also, and we were just talking earlier about the housing element. Cities go through enormous effort and expense to put together a housing element and get it approved by the state. And that housing element goes through CEQA.
- Scott Wiener
Legislator
And then when they turn around and say, okay, we got an approved housing element, we want to implement it by doing a rezoning, which they required to do to conform to the housing element. They have to go through CEQA again, and then they can get sued again.
- Scott Wiener
Legislator
And so we grant an exemption to say that is simply not subject to CEQA. And then we take an existing info, existing exemption, the Class 32 exemption, and direct the Administration to make it more usable. So, colleagues, we've seen a lot of, frankly, hyperbole by some of the opposition.
- Scott Wiener
Legislator
And some of the opposition are folks that I work with all the time. I have enormous respect for them. But we've seen some really dramatic statements about this Bill.
- Scott Wiener
Legislator
This is a Bill that will allow environmental review to proceed for projects where, I think we would all agree there should be environmental review, while starting to move away from the notion that we do have to do broad environmental review on projects that we all know do not have a significant environmental impact.
- Scott Wiener
Legislator
And we stop putting endless burdens on cities in doing this environmental review. And we really try to empower cities to move forward with projects that are going to make their communities better. I respectfully ask for an aye vote.
- Scott Wiener
Legislator
With me today to testify is John Kennedy with the Rural County Representatives of California RCRC, one of the sponsors of our bills, and Melissa Breach with Prosperity California. We're also joined for technical assistance because CEQA is. It's technical. From Arthur Wylene, also with RCRC, who is our resident CEQA technical expert. Thank you so much, Mr. Vice Chair.
- John Kennedy
Person
Thank you. John Kennedy here today on behalf of RCRC. We represent 40 of California's counties. 40 rural counties. We're pleased to co sponsor SB 607 today. Local governments have a very unique interaction with CEQA. On occasion we are project applicants, on other occasions we're lead agencies, and then sometimes we're potential project opponents.
- John Kennedy
Person
So we sit on all sides of this. CEQA is a very powerful information dissemination and environmental mitigation tool. Its core functions are to improve the governmental decision making process and require disclosure and mitigation of a project's significant impact on the environment. RCRC strongly supports these objectives, and we don't discount the value that CEQA provides in these contexts.
- John Kennedy
Person
Since its enactment in 1970, CEQA has expanded into a really complex regulatory obligation with serious consequences resulting from procedural or substantive missteps. As such, it's often criticized, rightly, as a litigation trap that can be exploited by those seeking to gain competitive gain or to stop projects altogether. CEQA EIRs have become incredibly complex and unwieldy.
- John Kennedy
Person
In 1975, shortly after CEQA was enacted, the EIR for an 83 unit residential project in San Francisco is 188 pages. In 2018, an EIR for a project less than half the, size 35 units, in Contra Costa County was over 1,600 pages. We readily admit that California's environmental laws have come a long way since 1970.
- John Kennedy
Person
However, those more recent environmental laws also have built in mitigation measures in a lot of contexts, and so CEQA is sometimes used to adopt even more rigorous mitigation measures than the subsequent legislation has created.
- John Kennedy
Person
So, aside from the cost and time it takes to prepare CEQA documents, as the Senator mentioned, litigation can take years to resolve and add millions of dollars in costs. Over the last several years, the Legislature has focused a great deal of time and effort on streamlined ministerial permit review processes for a variety of projects.
- John Kennedy
Person
This was done in part to avoid the risks, costs, and uncertainty related to CEQA, which is triggered by discretionary local actions. So rather than restrict local government's ability to review projects, SB 607 instead helps address one of the most significant underlying issues, CEQA.
- John Kennedy
Person
We're pleased to co sponsor SB 607 because it takes a thoughtful and innovative approach to preserving CEQA's core values of information disclosure and mitigation while reducing the risk of legal manipulation.
- John Kennedy
Person
Ensuring CEQA analyses focus on those aspects of a project that trigger CEQA review, harmonizing the judicial standard of review for different environmental documents, reducing redundant environmental review for housing projects. In short, we support SB 607 because it helps refocus CEQA on the overarching goals and reduces the misuse and delays for which CEQA is often and rightly criticized.
- John Kennedy
Person
And importantly, as local government sponsors, we've worked really hard to protect local control in SB 607. We think SB 607 helps to return decisions and control to local governments. And it's one of the most important CEQA bills that I've seen in my 20 plus years working this arena in Sacramento.
- John Kennedy
Person
So for these reasons, we're pleased to sponsor SB 607 and strongly urge your support of the Bill. Thank you.
- Melissa Breach
Person
Good morning, if it still is morning, to the Chair and Committee Members. My name is Melissa Breach. I am representing Prosperity California Project of the Windward Fund. I'm here as a co sponsor of SB 607. Prosperity California works at the intersection of housing, climate change and economic opportunity.
- Melissa Breach
Person
And our excitement about 607 is its ability to continue well, to mitigate climate change, to lower our cost of living and to ensure that we develop the housing, green energy and other infrastructure projects that Californians need and deserve, all while continuing to ensure we have robust environmental review.
- Melissa Breach
Person
CEQA's original intent was in part to create and maintain conditions under which man and nature exist in harmony and to fulfill the both the social and the economic requirements of the present and future generations.
- Melissa Breach
Person
And I want to be clear, in many ways CEQA has delivered on that promise being really critical, critically valuable, although not exclusively, but in its work to protect natural. To protect Californians from projects in natural and working lands that would have had a high degree of environmental damage.
- Melissa Breach
Person
That said, we shouldn't feel like we can't modernize laws to meet our current need. When CEQA passed in 1970, we did not have the crushing housing shortage we currently do. We did not have the affordability crisis we currently do. We did not understand.
- Melissa Breach
Person
We had a different understanding of climate change and the role that urbanism and land use played in that.
- Melissa Breach
Person
Add in the lack of, the vagueness or lack of clarity that has led to a compendium of judicial decisions that have made CEQA difficult and burdensome, I think as a system, and we can see how the original intent could be improved and how CEQA is ripe for reform.
- Melissa Breach
Person
Just the fact that CEQA has 120 existing exemptions is an indicator that reform is warranted. Prosperity California is co sponsoring this legislation not to minimize environmental review, but to ensure it is effective and operates as intended. That CEQA operates as intended and free from abuse. SB 607 strikes the right balance.
- Melissa Breach
Person
Protecting the environment While ensuring we can build the housing, clean energy and other projects Californians need and deserve.
- Steven Choi
Legislator
Thank you very much. Now I think that's two major witnesses and from the public who are in support. Please line up on my left aisle and approach the microphone. First person and state your name and organization and state your position.
- Max Perry
Person
Thank you. Max Perry, on behalf of the Big City Mayors Coalition proud to support.
- Mark Neuburger
Person
Mark Neuburger of the California State Association of Counties in support.
- Oracio Gonzalez
Person
Oracio Gonzalez, on behalf of California's Business Roundtable, strong support.
- Skyler Wonnacott
Person
Good afternoon, Chair and Members. Skyler Wonnacott with the California Business Properties Association in support. Thank you.
- Lauren De Valencia Y Sanchez
Person
Lauren De Valencia representing the American Planning Association in support.
- Catherine D. Charles
Person
Catherine Charles, on behalf of the Bay Area Council is a proud co sponsor. And on behalf of the Chamber of Progress in support.
- Silvio Ferrari
Person
Silvio Ferrari, on behalf of the California Building Industry Association in support.
- Matthew Klopfenstein
Person
Matt Klopfenstein on behalf of the Association of Environmental Professionals in support.
- Corey Smith
Person
Good afternoon. Corey Smith, on behalf of the Housing Action Coalition, one of the co sponsors. In support.
- Robert Naylor
Person
Bob Naylor representing Fieldstead & Co., Howard Amundsen Jr. In support.
- Holly Fraumeni de Jesus
Person
Holly Fraumeni de JesĂşs with the Lighthouse Public Affairs on behalf of SPUR and Circulate San Diego in support.
- Karen Lange
Person
Karen Lang on behalf of San Francisco Mayor Daniel Lurie in support, thank you.
- Unidentified Speaker
Person
Joshua Braxton, South Pasadena Residents for Responsible Growth in support.
- Steven Choi
Legislator
Thank you. That's all. And now, do we have any lead opposition? If you do, you can approach the desk in the front. Okay, each member will have two minutes here. Go ahead.
- Christina Caro
Person
Excuse me. Good afternoon, Chair and Committee Members. Christina Caro again, on behalf of the State Building and Construction Trades Council respectfully in opposition to SB 607. The State Building Trades represents nearly half a million construction workers in the state.
- Christina Caro
Person
They are on the front lines of exposure to environmental and public health risks from construction and operation of the projects that they build and work on as well as those that are in their communities. And while we appreciate the opportunity to speak to you today, there are 186 other organizations that submitted written opposition to this Bill.
- Christina Caro
Person
And with good reason. SB 607 makes six major changes to CEQA with limited time. We'll just address a couple of those. The Authors would like SB 607 to streamline environmentally friendly projects and reduce project costs, which was just discussed.
- Christina Caro
Person
However, in practice SB 607 would actually rewrite CEQA's basic legal standards and weaken environmental protection for a variety of highly impactful projects, including industrial sites, chemical facilities, shipping terminals, shopping malls, even mixed use developments, large developments in agricultural areas and also in wildfire zones. This would endanger public health and the environment.
- Christina Caro
Person
The Bill also undermines CEQA's democratic process by redefining what constitutes a significant effect, which is the basic component of CEQA would also reverse the fair argument standard which which has protected California's environment and communities for over 50 years. Under existing law, if there is substantial evidence showing that there may be an adverse impact, an EIR is required.
- Christina Caro
Person
And it's not just a document, it's substance. Because CEQA shows a preference for stronger environmental review, more robust and detailed analysis if there's uncertainty about the severity of an impact. And that's because CEQA's mandate is to protect public health and requires major consideration be given to environmental effects.
- Christina Caro
Person
The new standards would give deference to the agency if there is any evidence showing that there may not be a significant effect. Even if substantial scientific evidence from the public, from subject matter experts or even from other regulatory agencies shows the opposite.
- Christina Caro
Person
This would actually undermine the lead agency's ability to ensure that they do an up to date and accurate analysis of impacts and that they mitigate impacts and more importantly would deprive workers in vulnerable communities of the ability to protect their communities through the CEQA process.
- Christina Caro
Person
SB 607 also doesn't solve a problem and it goes beyond the Little Hoover Commission's recommendations. It's not directed at housing. The Bill analysis explains very clearly that the Housing Accountability act already limits agencies abilities to require an environmental impact report for housing projects. There are also many CEQA streamlining exemptions in existing law.
- Christina Caro
Person
Certainly. SB 607 also doesn't reduce project costs. While some numbers are included in the Bill analysis showing from about 65,000 to 90,000 for negative declarations, 300 to 400,000 for EIRs plus cost of litigation. The evidence, recent evidence shows that there's a very minimal use of environmental impact reports to begin with.
- Christina Caro
Person
In fact, an April 2025 Legislative Committee report found that only 3% of projects even use EIRs in the last two years. And the Little Hoover Commission found that only 2% of all projects that are subject to CEQA undergo litigation. So this Bill would not have an effect of reducing those costs.
- Christina Caro
Person
For these and other reasons, we respectfully ask for your no vote.
- Grecia Orozco
Person
Good afternoon, Chair and Members. My name is Grecia Orozco. I represent the Center on Race, Poverty and the Environment and environmental justice organizations in respectful opposition to SB 607. While we appreciate the conversations that we had with the author and sponsors, we continue to have deep concerns about this Bill.
- Grecia Orozco
Person
Our organization specifically works alongside low income communities in the San Joaquin Valley, which breeds the most polluted air in the country, and we fight to make sure that our neighborhoods are safe and healthy.
- Grecia Orozco
Person
Using the environmental review process provided by CEQA, this Bill would significantly hinder the ability of environmental justice communities to improve local air and water quality at a time where we need strong state protections the most. CEQA is one of the few tools that our communities have to inform, improve, or protect themselves from potentially harmful project developments.
- Grecia Orozco
Person
And environmental justice organizations have participated in the CEQA process successfully to result in proper electrification for industrial projects, to avoid the destruction of affordable housing, to mitigate harms from large infrastructure projects.
- Grecia Orozco
Person
And now more than ever, as the Federal Administration is working to Dismantle NEPA, which is the federal equivalent of CEQA, issuing an Executive order directing the DOJ to unwind disparate impact regulations established under federal civil rights laws. We need strong state laws and policies to protect our public health and overburdened communities.
- Grecia Orozco
Person
There could not be a worse time to pass this Bill. This Bill harms environmental justice communities as it limits environmental review, flipping the standard of review for determining whether an environmental impact report is needed at all, making it much easier for agencies to determine that they don't need to prepare one.
- Grecia Orozco
Person
And without an EIR, communities are left in the dark about harmful impacts that these projects may have on their neighborhoods, unable to voice their concerns and unable to improve them. Approving harmful projects like industrial projects, freeway expansions, dairies without public input, adequate consideration of mitigation, cumulative impacts, or safe alternatives is how environmental health disasters are caused.
- Grecia Orozco
Person
An EIR provides the public with this vital information. Foregoing, it opens the door to potential harms that could be avoided altogether and environmental justice communities cannot and must not take the risk of being the burden for projects without knowing or addressing those harms. Our communities support housing. Our communities do not abuse CEQA.
- Grecia Orozco
Person
CEQA is not the cause of the housing crisis and adequate environmental review is crucial for the safety of these communities. We want to ensure that projects do not perpetuate the historical cycle of environmental injustice in black and brown low income communities. Again, we appreciate the conversations with the author's office.
- Grecia Orozco
Person
There's much more that needs to be done in order to preserve protections for environmental justice communities. At this time, we respectfully request your no vote on SB 607. Thank you.
- MarĂa Elena Durazo
Legislator
Thank you very much. Excuse me for leaving for a few minutes. Now we want to go on to opposition, Me Too's.
- Matthew Broad
Person
Madam Chair and Members, Matt Broad here, on behalf of the Teamsters Unite Here and Unite Here Local 11, in respectful opposition. Thank you.
- Benjamin Henderson
Person
Good afternoon. Benjamin Henderson, for the Western Center on Law and Poverty. Respectful opposition.
- Christina Scaringe
Person
Good afternoon. Christina Scaringe, with the Center for Biological Diversity, in opposition.
- Maria Gavidia
Person
Good afternoon. I'm Maria Gavidia. I'm a resident of San Francisco and here also on behalf of Climate Action California, 350 Southland Legislative Alliance, Glendale Environmental Coalition, and 350 South Bay Los Angeles. Respectfully opposed.
- Matthew Baker
Person
Good afternoon again. Matthew Baker, with Planning Conservation League. Respectfully opposed.
- Phoebe Seaton
Person
Phoebe Seaton, Leadership Council for Justice and Accountability, respectfully opposed.
- Kim Delfino
Person
Kim Delfino, on the behalf of Defenders of Wildlife, California Native Plant Society, and the Sonoma Land Trust, in respectful opposition.
- Raquel Mason
Person
Good afternoon. Raquel Mason, on behalf of Poter, Physicians for Social Responsibility Los Angeles, and NRDC.
- James Thuerwachter
Person
Madam Chair and Members, James Thuerwachter, with the California State Council of Laborers, in respectful opposition.
- Jennifer Ganata
Person
Jennifer Ganata of Communities for a Better Environment. We respectfully oppose. I'm also registering opposition from Beverly Vermont Community Land Trust, Eastard Community Communities for Environmental Justice, Los Angeles Alliance for a New Economy, Strategic Action for a Just Economy. Thank you.
- Jonathan Pruitt
Person
Jonathan Pruitt, on behalf of the Climate Equity Policy Center, Morongo Basin Conservation Association, Endangered Habitats League, San Diego Border Alliance, as well as Coastal Quarter Alliance, and respectfully opposed.
- Scott Wetch
Person
Madam Chair and Members, Scott Wetch, on behalf of the State Association of Electrical Workers, and the California State Pipe Trades Council, and the Western States Council of Sheet Metal Workers, in opposition. Thank you.
- Jakob Evans
Person
Good afternoon. Jacob Evans, with Sierra Club California, in opposition. Thank you.
- MarĂa Elena Durazo
Legislator
No one else in opposition? Seeing none. I'll bring it to our Members. Questions or comments anyone? No? Senator Choi.
- Steven Choi
Legislator
I, I know this one is, for me, very supportable because in short, this Bill improves sequence of clarity and efficiency, without compromising environmental protection. SB 607 presents a positive step toward a very needed CEQA reform.
- Steven Choi
Legislator
I know this is conflicting each other when state requires the local governments to meet certain requirements, and the cities and the state have agreed upon, even then, they have to go through this CEQA requirements and the lawsuit after lawsuits and then, then the local government is stuck not meeting the requirements of the state.
- Steven Choi
Legislator
So, I think certain areas obviously we need to follow and keep the CEQA requirements, but local policies we have agreed upon and zoning is very, very important.
- Steven Choi
Legislator
And then, as I stated in theâeven though I stated a while ago for SB 79, the housing is badly needed, but the local government zoning, one particular area, which is high transit, mass transit area in urban cases, is all commercial, no residential, but building in that five mileâhalf mileâradius allowing to convert the zoning to residential toâfrom commercial to residential, it's not going to work for planned communities.
- Steven Choi
Legislator
That's the reason, regrettably I had to oppose it. But this one, it'll be by the infill developments certain areas and then also certain specific areas that city have agreed to develop the housingâfor affordable housing to meet the RHNA requirements.
- Steven Choi
Legislator
So, I think this one isâI know, again, from CEQA environmental points of view is objectionable, but I think if I have to take major pros and cons, then this one I see more benefits for the community. So, with that I will support this Bill. Thank you.
- MarĂa Elena Durazo
Legislator
Thank you very much. Anyone else? No? Seeing none. Okay, yes.
- Jesse Arreguin
Legislator
So, I really struggled over this one because, as a former mayor and local government official, I know that we do have regulatory barriers to producing needed affordable housing and market rate housing in our communities.
- Jesse Arreguin
Legislator
At the same time, you know, I do also understand the concerns of opposition, on making sure that, in certain instances, there is adequate environmental review. And so, you know, I'll just say for the record that I believe very strongly that we need to have a skilled and trained workforce to build needed housing in California.
- Jesse Arreguin
Legislator
That we do need to make sure that we are as we're building new housing, getting affordable housing and other community benefits that includes, you know, good-paying high road jobs.
- Jesse Arreguin
Legislator
But at the same time, there are things that need to be changed in existing law to get that housing built, so we have actual jobs for people to build those homes, and we're building housing in communities so that we can address the critical shortage of housing in California. So, I will be voting for this today.
- Jesse Arreguin
Legislator
I do reserve the right to potentially change my vote when this gets to the floor. I want to see how this progresses. But you know, I do think this is addressing, I think a critical need, to make sure we get housing produced in California.
- Jesse Arreguin
Legislator
I do respect the perspective of opposition, and I think, as many people know, I've been a very strong advocate for trying to require and incentivize high road jobs as we're building housing in California. That will continue to be my position, but I will be supporting the Bill today.
- MarĂa Elena Durazo
Legislator
Okay, I do have a couple of questions. I'm sorry, didn't miss the full presentation. Just in terms of asking our opposition witnesses, you're concerned that agencies would not impactâwould not mitigate impacts. Can you talk about that a little bit more?
- Unidentified Speaker
Person
We can both provide a quick response. Thank you for the question. So, underâthere are really sort of two paths for this. The SB 607 creates additional exemptions which eliminate SEQA review in the first place.
- Unidentified Speaker
Person
So, thatâthose impacts are not considered to begin with. Under the Reverse Fair Argument Standard, which this Bill emphasizes, the use of these more streamlined negative declarations in lieu of environmental impact reports.
- Unidentified Speaker
Person
The change in that legal standard is sufficient to allow agencies to actually disregard evidence that's presented by other agencies, by members of the public, by subject matter experts, of significant effects.
- Unidentified Speaker
Person
So, for example, in the current environmental review process, members of the public or agencies, air districts, for example, may comment that air quality impacts are more severe than a city or county disclosed in their negative declaration, or their mitigated negative declaration. And for that reason, the agency then would have to do a more robust emissions analysis.
- Unidentified Speaker
Person
They may have to add emissions controls. They may have to have cleaner construction equipment. There's a variety of mitigation measures that can be implemented. Under this standard, the agency can not consider that evidence if there is any other conclusion in their record which shows that it's not that bad.
- Unidentified Speaker
Person
And so, itâeven though there is still a public comment period, it reduces the effectiveness of the public's participation and also regulatory agencies, and that could lead to aftereffects of additional litigation or impacts which are litigated under other laws, like toxic torts from exposure to contaminants that weren't mitigated during the secret process.
- Unidentified Speaker
Person
I'll echo that. That was beautifully put, but there's also the standard now, under SB 607, would mean that, like colleagues said here, if there's any evidence at all that the project would cause significant harm, agencies, or even if there is that evidence that exists, they can bypass the EIR.
- Unidentified Speaker
Person
And what the EIR does is once you analyze or, or identify the impacts that a project may have, then you have to go in and mitigate each one. But if there is nothing on the record showing what those impacts will be, then there will also be no mitigation measures.
- Unidentified Speaker
Person
That means that there won't be any air pollution mitigation, no wildfire risk mitigation, for many different projects that would ultimately harm, potentially harm, the communities that are already overburdened. Thank you.
- MarĂa Elena Durazo
Legislator
Okay. Yeah, here we go again, Senator Wiener. And this Bill is not about housing. It's about allowing other kinds of developments with less scrutiny. And I'm not going to try to argue the fair argument standard. It's far too technical for me, but I think I just want to point out what it will mean.
- MarĂa Elena Durazo
Legislator
I think, in practical terms, it means fewer EIRs and EIRs at the heart of CEQA. It's how we hold our public agencies accountable for the projects they approve and make sure that they are looking at what's best for the entire community, not just what a developer wants.
- MarĂa Elena Durazo
Legislator
It makes public agencies expand their view, to look at alternatives and project changes, that they might not have otherwise considered. It's how we make sure that we don't add more burdens to already burdened communities. It's how communities that don't have political power protect themselves.
- MarĂa Elena Durazo
Legislator
You tookâI think the Senator took Committee amendments in EQ to carve out natural and protected areas. That's not where people live, whereâit's a whole different situation here. The workers that build our housing don't get the same protections. And so, I, for these and many other reasons, I will not be supporting the Bill today.
- Scott Wiener
Legislator
Thank you very much, Madam Chair. And again, I do appreciate your perspective on these limited areas where you and I disagree because we agree on so many things and I appreciate that.
- Scott Wiener
Legislator
I do just want to mention a few things and I appreciate the opposition, and we've worked with environmental justice communities on different issues around oil and setbacks and we'll continue to do that. And I thinkâand as I mentioned at the beginning, CEQA does play an important role, particularly around pollution, contamination issues.
- Scott Wiener
Legislator
And I think it's important to acknowledge some of these projects, including some that the opposition identified. SB 607 is not going to change how they're analyzed. They willâif you're doing a freeway project or a major industrial project, that, that's, there's no reasonable argument that that would not create a significant environmental impact. That will still have an EIR.
- Scott Wiener
Legislator
And so, you know, and Iâthere was a reference made to a "reverse fair argument standard"âthat we don't think that that's true. You still have toâif you're going to take it out of the EIR, you have to have substantial evidence that there's no environmental impact.
- Scott Wiener
Legislator
And so, this Bill, I understand that they're always, when you change status quo, because we've been doing it this way for a long time, that there are concerns and I respect that.
- Scott Wiener
Legislator
And we will, of course, continue to engage, as we always do, and thank you to the opposition for acknowledging the engagement and we appreciate that they are engaging with us as well and we'll continue to do that. But I think this is a good, focused Bill and I appreciate the dialogue today, and respectfully ask for an "Aye" vote.
- MarĂa Elena Durazo
Legislator
Oh, sorry. Yeah, somebody. Oh, maybe that was the other one. No motion. Sorry. Okay. Do we have a motion?
- MarĂa Elena Durazo
Legislator
The vote is 3 - 1 and it will remain on call. Thank you, everyone. And Senator Laird, I think you're up next.
- MarĂa Elena Durazo
Legislator
We're moving on to Item 14, SB 283. If we could have folks please step out or stop talking.
- John Laird
Legislator
Thank you very much, Madam Chair and Committee Members. I'd like to begin by accepting the Committee amendments and thanking the Committee staff and the chair for working with my office.
- John Laird
Legislator
As many of you know, my district was the home of a Moss Landing battery fire earlier this year, and it was a tragedy for anybody that lived around it and for the state. The fire burned for several days. It led to evacuations. It raised serious concerns within the community about toxicity, smoke and ash.
- John Laird
Legislator
And the battery storage comes with incredible change over time. In 2018 or 2019, there were just 500 megawatts of battery storage in California. There's 13,300 now. And there's the goal of having 52,000 by 2045.
- John Laird
Legislator
And I think that for people in my district, 95% of them didn't know what battery storage was or about it before this fire happened.
- John Laird
Legislator
And basically, if we're going to move off of fossil fuels and really invest in wind and in solar, you have to have storage for the times when the wind doesn't blow and the sun doesn't shine to have reliability across the grid.
- John Laird
Legislator
And so the technology has moved very fast, but our law and policy has not kept up with it. The Moss Landing plant was actually 100% local approved and permitted. There was no state guidance on safety. When there was an incident at this facility in 2022.
- John Laird
Legislator
I did a Bill in 2023 that requires safety plans, in essence evacuation plans as well, that have to be approved or submitted to local jurisdictions so that they are involved. So this Bill is really trying to provide the guidance that that hasn't existed.
- John Laird
Legislator
It says that you take the National Fire Protection Association standards on lithium, recognized as the most comprehensive, and really fold them into the process and hopefully local building codes. The Bill requires fire authority consultation and inspections at various stages, like during the application project and before process goes online.
- John Laird
Legislator
And if a local fire department doesn't think they are up to it, they can defer to the state fire marshal. The Bill also prohibits the development of battery storage in indoor combustible facilities to present disasters. Like we saw this year, 75% of battery storage in the state is now containerized, generally outside, generally on cement slabs.
- John Laird
Legislator
And this in Moss Landing was one of the first ones with a configuration that isn't really existed. This Bill will provide the state guidance and catch up on what we have learned in that first development of battery storage. It needs to be safe for the workers. It needs to be safe for the communities around it.
- John Laird
Legislator
It needs to be safe for the first responders. That's what this Bill does. So my witnesses today are Meagan Subers on behalf of the California Professional Firefighters, Scott Wetch on behalf of the State Association of Electrical Workers, and they are the two principal sponsors of the Bill. At the appropriate time, I would respectfully ask for an aye vote.
- Meagan Subers
Person
Thank. Thank you. Madam Chair Members, Meagan Subers on behalf of the California Professional Firefighters and we're a proud co-sponsor of this Bill. As the author stated, the measure will establish some important fire safety coordination and expect inspection standards for battery energy storage systems in California.
- Meagan Subers
Person
Unfortunately, firefighters are coming into contact with these lithium ion battery fires more frequently. When these fires burn, they're very difficult to put out. Most of the time, as the Senator stated, you have to just let them burn and hope that nothing around it catches fire.
- Meagan Subers
Person
Ensuring that project developers are engaging the fire agencies in designing the project to the most recent NFPA standard will ensure that steps can be taken to mitigate. Mitigate a plan for risk. Establishing policies to reduce the likelihood of fires protects the communities, but will also protect firefighters.
- Meagan Subers
Person
We've seen significant firefighter injuries for those who've responded. We had a firefighter who was seriously injured when responding to a fire at a facility where they were refurbishing old car batteries. The firefighter experienced renal failure three days later and is in the process of going through the disability retirement process.
- Meagan Subers
Person
So for those reasons, due to the, due to the complexity and risks of these fires, we would respectfully ask for your aye vote today. Thank you.
- Scott Wetch
Person
Madam Chairman and Member Scott Wetch on behalf of California State Coalition, California State Association of Electrical Workers, as well as the California Coalition of Utility Employees. Proud to be a co-sponsor. I had lunch just two weeks ago with an Executive with Nextera, which is the world's largest renewable energy and store energy storage company.
- Scott Wetch
Person
And she is responsible for projects throughout the entire United States. And she told me that this Bill would make give California the highest standards for safety with battery long term battery storage facilities than anywhere in the entire country. In fact, most states have no standards whatsoever. So this Bill I think is fairly, fairly comprehensive.
- Scott Wetch
Person
It requires coordination with the local fire authorities that doesn't occur today. It requires that the local fire authority or the state fire marshal do the inspections. Currently the only inspections that occur in these facilities are by the utility when there is an interconnection. So there is typically no inspection by fire life and safety professionals for these projects.
- Scott Wetch
Person
And so we think that is an incredibly important provision. And the Bill I think very wisely allows the local fire department or the state fire marshal, whoever does the inspection to recoup the cost of those inspections from the developer.
- Scott Wetch
Person
So representing the workers that are most exposed other than firefighters, because we build and maintain and operate these facilities, we think this is a much needed set of reforms. We thank the author and we would urge an aye vote. Thank you.
- MarĂa Elena Durazo
Legislator
We want to turn to others who are in the room in support of SB283.
- Catherine Freeman
Person
Thank you. Catherine Freeman on behalf of the California State Association and support. Counties.
- Nicole Wordelman
Person
Nicole Wordelman on behalf of the Orange County Board of Supervisors and support. Thank you.
- Jaime Minor
Person
Good afternoon. Jaime Minor on behalf of CalCCA, the Community Choice Association, we have a support if amended position. We appreciate the measure and thank you so much.
- Kasha B Hunt
Person
Kasha Hunt with Nossmann on behalf of the County of Monterey Board of Supervisors and support. Thank you.
- Meg Snyder
Person
Good afternoon. Meg Snyder with Axiom Advisors on behalf of Fluence with a support if amended position. Thank you.
- Graciela Castillo-Krings
Person
Good afternoon. Graciela Castillo-Krings, on behalf of the California Energy Storage Alliance. We have a support if amended position working with the author on a couple of definitions in the Bill. Thank you.
- MarĂa Elena Durazo
Legislator
Thank you. Anyone in opposition to SB283? Seeing none. Bring it back to the dais. Any comments? Move the Bill. Senator Arreguin has moved the Bill. No comments. No questions. Closing our, closing remarks.
- John Laird
Legislator
Thank you. Let me thank the witnesses. Let me also mention that even though they weren't listed, the San Luis Obispo County Board of Supervisors has voted in support of the Bill at this point and I know there are a few lingering concerns and we will work with the stakeholders because this needs to happen. So thank you. And I respectfully request an aye vote.
- Jesse Arreguin
Legislator
Ok, I will be stepping into chair as the Chair is presenting Item 4, SB415, on behalf of Senator Reyes. And I'll turn it over to Chair Durazo.
- MarĂa Elena Durazo
Legislator
Thank you. Mr. Chair. On behalf of Senator Senator Reyes, I am glad to present SB 415. Logistics facilities have rapidly expanded in recent years, at times encroaching around schools, homes, playgrounds and other sensitive receptors. The impact has been acutely felt in the Inland Empire, but threatens to impact communities across the state.
- MarĂa Elena Durazo
Legislator
This led Senator Reyes to elevate the issue of over proliferation to all of us during her time in the legislature and last year, she partnered with Assemblymember Juan Carrillo to introduce AB 98.
- MarĂa Elena Durazo
Legislator
This legislation, signed into law last year, established new design bill standards for 21st century warehouses. Planning requirements for local governments, required the establishment of truck route plans that move trucks away from residential neighborhoods and created setbacks from sensitive receptors dependent on the size of the warehouse.
- MarĂa Elena Durazo
Legislator
While a framework was put into place, there are outstanding issues that need to be addressed to ensure that AB 98 works as intended, such as enforcement mechanisms, cross applications with other existing laws and general clarifications. SB 415, therefore, was introduced alongside AB 735 to accomplish this goal.
- MarĂa Elena Durazo
Legislator
The bill in print handles a number of issues, including ensures existing affordable housing requirements are not supplanted by the affordable housing language in AB 98.
- MarĂa Elena Durazo
Legislator
It clarifies the design bill standards requirements, makes clear the requirements for uses that were not meant to be captured by AB 98's provisions, provides more time for small cities to update their circulation element, and requires the cities responsible for developing new plans to act in good faith.
- MarĂa Elena Durazo
Legislator
We are continuing to have conversations with the assembly to ensure the proper implementation of AB 98. The authors are committed to ensuring this law works and that all actors have clarity on how to properly plan, cite and develop logistics use in California. I'd like to call up groups who will be raising issues and expressing concerns.
- MarĂa Elena Durazo
Legislator
The Leadership Council for Justice and Accountability, the California State Association of Counties, and the Business Property Association. If I may. Thank you.
- Mark Neuburger
Person
Thank you, Chair and members. Mark Neuburger of the California State Association of Counties. We have a seeking amendments position on this bill. We definitely appreciate the authority the author's commitment to cleaning up the logistics use and truck traffic bill from last year, AB 98 through SB 415.
- Mark Neuburger
Person
The recent amendments to SB 415 are a step in the right direction to help clean up AB 98 from the last last session. The provisions in this bill do provide more time for small cities and counties to meet the deadlines required of local governments to address the truck route requirements.
- Mark Neuburger
Person
From logistic use center developments through a circulation element update. Additionally, the good faith enforcement provisions of the bill will now support local governments say they're not fined $50,000 every six months if they are working in good faith to meet the circulation element update and the public outreach requirements that are mandated by law.
- Mark Neuburger
Person
We would like to continue work with the author to ensure AB 98 is implemented effectively, including removing the circulation element requirement requirement if a local government does not have any new or proposed expanded logistics use development within their jurisdiction. This is consistent with the Senate's request last section for the cleanup legislative cleanup of AB 98.
- Mark Neuburger
Person
Second, we request flexibility on how cities and counties meet the truck route requirements, including through adopted ordinances or local transportation plans rather than solely through the circulation element in the general plan.
- Mark Neuburger
Person
And finally, we're seeking clarification that the circulation element update does not trigger the pedestrian and mobility requirements that became effective in 2023 to be completed under the same timelines as the truck traffic requirements requirements in AB 98. We look forward to working with you and the author's office on this very important cleanup legislation. Thank you.
- Skyler Wonnacott
Person
Good afternoon Mr. Chair and members. Skyler Wonnacott with the California Business Properties Association and our members, the Building Owners and Managers Association of California and NAOP California. Here representing a broad coalition of state stakeholders, we currently have a no position position on SB 415.
- Skyler Wonnacott
Person
We do appreciate the commit both authors amendments to both bills and their commitment to continuing to work to clean up AB 98. However, we do see that there are implementation important implementation concerns that still need to be addressed.
- Skyler Wonnacott
Person
We thank Senator Reyes as well as Assembly Member Carrillo, their staff, both respective committees for their ongoing work with this and look forward to continuing to collaborate to ensure that AB 98 is implemented effectively and as intended. Thank you.
- Phoebe Seaton
Person
Phoebe Seaton with Leadership Council for Justice and Accountability. Again, we work in the San Joaquin Valley and Eastern Coachella Valley in many many communities and neighborhoods impacted by the proliferation of warehousing facilities and logistics.
- Phoebe Seaton
Person
We understand that we're not here today to entirely relitigate last year's legislation, but it is important to me and to us that this committee knows that the inadequate setbacks and standards set in AB 98 had immediate and significant impacts on local efforts to secure stronger standards.
- Phoebe Seaton
Person
In Fresno, for example, while we were advocating for stronger standards locally while AB 98 was going through, the legislature and the city council rejected stronger standards, in some cases 1,000 foot setbacks, citing AB 98's weaker standards and raising concerns about having stronger standards than neighboring jurisdictions.
- Phoebe Seaton
Person
Well, while we know that we can't revisit some of the decisions made in AB 98. We do want this committee to know and understand the immediate and significant impacts that weakened and weakening protections has on communities and how hard it is to get those protections back once lost. That said, we would like to propose the following clarifying changes.
- Phoebe Seaton
Person
Require that area subject to the 300 foot setback as opposed to the 500 foot setback, be both zoned, quote unquote industrial and already allow warehouse and logistics use. Right now it's unclear if it has to be called industrial or if it just has to already allow industrial. Industrial uses.
- Phoebe Seaton
Person
Eliminate local roads that predominantly serve commercial develop commercially oriented uses from where logistics use development can be cited and where truck traffic should be directed to. Those roads are often the kind of main streets and residential areas in lower income communities and neighborhoods.
- Phoebe Seaton
Person
Eliminate, if feasible, language to clarify the obligations of developers and jurisdictions in several of the protections listed throughout the bill and clarify that complete or partial demolition and reconstruction constitutes a new use. Thanks so much.
- Jesse Arreguin
Legislator
Okay. Thank you for that testimony. There were no support or opposition witness, but you understand there were some organizations that did have concerns. So I appreciate having the opportunity to get those issues on the record and I'll now turn it to the committee to ask if. Oh, okay. Tweeners. Okay. Before we go to committee discussion.
- Nicole Wordelman
Person
Yes. Thank you so much. Nicole Wordelman. On behalf of San Bernardino County. We do not have a position on the bill but we wanted to express our sincere appreciation for the inclusion of the good faith effort language as part of the circulation element.
- Matthew Baker
Person
Good afternoon again. Matthew Baker with Planning Conservation League Chair. The concerns as expressed by Leadership Council.
- Lauren De Valencia Y Sanchez
Person
Thank you. Lauren De Valencia representing the American Planning Association. No position right now, but really do appreciate the conversations and the amendments moving in the right direction, particularly for the Inland Empire and that safe harbor provision.
- Lauren De Valencia Y Sanchez
Person
Our Members are the folks that are going to implement everything in this, the AB 98 and we want to make sure they can get it right. Thank you so much.
- Melissa Sparks-Kranz
Person
Melissa Sparks-Kranz with the League of California Cities. We align our seeking amendments position with that of the State Association of Counties CSAC. Thank you so much.
- Elizabeth Esquivel
Person
Short breath here. Happy to make it. Elizabeth Esquivel of the California Manufacturers and Technology Association. We appreciate the amendments that were provided in March that really helped clarify the intention of the 21st century warehouse as well as the definition of logistics use.
- Elizabeth Esquivel
Person
And that really does address the CMTA's concerns that we had with AB 98 so thank you to the author. Appreciate it very much. Thank you.
- Jesse Arreguin
Legislator
Thank you very much once again. Any additional witnesses who wish to express a position on SB 415? Seeing none, I'll bring it back to the committee. If there are any questions or comments on Senate Bill 415 Reyes or motion moved by Senator Wiener. Thank you. Seeing no further discussion. I'll turn it back over to Durazo to close.
- Jesse Arreguin
Legislator
Thank you. We have a motion by Senator Wiener. I'd like to ask the committee assistant to please call the roll.
- Jesse Arreguin
Legislator
Keep that bill on call for absent Members. Thank you. And we'll proceed now to file item 17, Senate Bill 580 by Chair Durazo. And Madam Chair, you may present your bill.
- MarĂa Elena Durazo
Legislator
Thank you, Mr. Chair and Members. SB 580 enhances the Attorney General's Office model policies. Sorry. And database guidelines for state and local agencies regarding civil immigration enforcement. California is home to over 10 million immigrants who make invaluable contributions to our economy and communities, especially in key sectors like agriculture, health care, service, and construction.
- MarĂa Elena Durazo
Legislator
However, we all have heard of the immigration enforcement disruptions that are occurring across the state. Our communities are forced to weigh daily decisions like going to work, school, childcare, or the hospital. The threat of civil immigration enforcement creates widespread fear and instability.
- MarĂa Elena Durazo
Legislator
While the Attorney General's Office has issued model policies and guidance for civil immigration enforcement, not all public agencies have implemented them. Some sectors remain without clear instructions, leaving workers unprepared and the public at risk. Additionally, though the AG has issued guidelines for protecting databases from being used in civil immigration enforcement, these are not universally applied. This creates dangerous gaps in safeguarding sensitive information.
- MarĂa Elena Durazo
Legislator
Therefore, it is paramount that during these unprecedented times, state and local agencies follow appropriate guidelines from the Attorney General. This bill requires the Attorney General to publish up to date model policies that state and local agencies must adopt, ensuring consistent, legal, and safe interaction with immigration enforcement. Today we have the pleasure of hearing from Sandra Barreiro, Government Relations Advocate with SEIU California, and Jameel Hunt, Hospital Security Officer and SEIU member. Yes. I'm sorry.
- Sandra Barreiro
Person
Thank you, Mr. Chair and Members. Sandra Barreiro on behalf of SEIU California. Public agencies exist to provide public services, but the threat of ICE coordination is stopping people from accessing those services. And this is impacting everything from education to public health and public safety. So by providing public employees with guidance on how to protect personal data, this bill would allow SEIU members to focus on their primary mission, which is public service. I respectfully ask for your aye vote. Thank you.
- Jameel Hunt
Person
Hello, Members. My name is Jameel. I've been in security for 11 years, and for the past seven, I've worked in the hospital emergency department. In this role, I interact with a diverse population. We screen and record everyone who comes into the hospital. There are members of the public who do not speak English and are often afraid to provide us with basic information, including their names. Despite their urgent medical needs, these individuals are more concerned that we will share their information with ICE than they are with their own critical conditions.
- Jameel Hunt
Person
It is my job to make sure patients and visitors feel safe, but right now I'm not sure if their personal information is safe in our hospital databases, and I'm not sure if hospital staff know what to do if ICE were to request access. SB 580 would help people access services without fear that their names and information will be turned over to ICE agents. Public agencies exist to help the people, not to help ICE find people. That's why I urge you today to vote aye on SB 580. Thank you.
- Jesse Arreguin
Legislator
Thank you very much. Appreciate the witnesses being here today. We'll now take me too opposition from support of SB 580. You can please approach the microphone. State your name, organization, and position on the bill.
- Sara Flocks
Person
Mr. Chair, Members. Sara Flocks with the California Federation of Labor Unions in support.
- Esteban Vutz
Person
My name is Esteban Vutz, here in support with SEIU in support of SB 580.
- Jasmine Rush
Person
Hi. My name is Jasmine Rush. I'm with SEIU, and I'm support for the bill.
- Jesse Arreguin
Legislator
Thank you very much. Are there any witnesses in opposition to SB 580? If so, please come forward. Seeing none. It's now in order for the Committee to discuss the bill. I want to thank the Chair very much for bringing this important bill forward, which is so critical with the escalation of immigration enforcement throughout the United States, including here in California.
- Jesse Arreguin
Legislator
We do not want to create a chilling effect from people to get medical care or to access government services or even to come to work. And so updating these model policies and providing clear training and guidance to our government employees about how to protect our immigrant communities is essential. As you know, I have a bill, SB 81, which is codifying those policies in the healthcare space.
- Jesse Arreguin
Legislator
But we know that there's a need to provide clear guidance and support for our government workers in many different sectors. And so I really appreciate you bringing this forward. This is absolutely critical, and thank our witnesses and our labor partners for being here to support the bill as well. Senator Wiener. Okay, we have a motion by Senator Wiener. I check it back over to the Chair to close on the bill.
- Jesse Arreguin
Legislator
Okay, thank you. We have a motion by Senator Wiener. If we can please call the roll.
- Committee Secretary
Person
The motion is do pass to the Committee on Appropriations. [Roll Call]
- Jesse Arreguin
Legislator
Keep that bill on call for absent Members. Thank you. Our last bill is file item 18, Senate Bill 629, also by Chair Durazo. And Madam Chair.
- MarĂa Elena Durazo
Legislator
Mr. Chair, I want to begin by thanking the staff for the thoughtful analysis and suggest I accepted the suggested clarifying amendments on page five as an author's amendment.
- MarĂa Elena Durazo
Legislator
SB 629 is one of 13 bills in the Golden State Commitment, which is a package of senate bills designed to strengthen California's wildfire response efforts, streamline fire recovery, rebuilding and prevention efforts, and help stabilize the state insurance market.
- MarĂa Elena Durazo
Legislator
Following the devastating Los Angeles firestorm and as California continues to face a year round fire season, it is clear that we must harden California's defenses against future disasters.
- MarĂa Elena Durazo
Legislator
To help do that, SB 629 will require cities and counties to designate areas that burned in a wildfire within a very high fire hazard severity zone, triggering the WUI Woodland Urban Interface building code and defensible space maintenance requirements as well as other safety regulations. It will also require local governments to plan for wildfire hazards in these areas.
- MarĂa Elena Durazo
Legislator
These requirements will help not only those homes but also neighboring homes survive future wildfires.
- MarĂa Elena Durazo
Legislator
It cuts red tape by bypassing a lengthy regulatory process and it clarifies what standards apply when rebuilding if an area burned in wildfire buildings have to meet the safety standards for a very high fire hazard severity zone instead of waiting to see if the state or local agencies will designate those standards in the future.
- MarĂa Elena Durazo
Legislator
And it's a good investment. Several recent studies have found that WUI building codes are comparable to the cost of building to the Residential Building Code code.
- MarĂa Elena Durazo
Legislator
Additionally, this proposal mandates that defensible space inspections occur annually for each property in the state responsibility responsibility area or very high fire hazard severity zone to ensure that property owners are taking action to protect their community.
- MarĂa Elena Durazo
Legislator
Finally, SB 629 directs the state Fire Marshal to include modeling for urban conflagrations in the next update of the map so that these maps reflect the real world behavior of wildfires when they hit urban areas. In conjunction, these measures will ensure that California continues to lead on the safety of its residents in the face of a changing climate.
- Jesse Arreguin
Legislator
Okay, thank you very much. Do you have any witnesses present the bill? Okay. We'll now take any witnesses here in the room who'd like to express support for SB 629. If so, please approach the microphone. Okay. Seeing none. Are there any witnesses in opposition to Senate Bill 629? Okay, that completes testimony.
- Jesse Arreguin
Legislator
Bring it back to the committee for discussion or motion moved by Senator Wiener. Thank you. Any further discussion. If not, we'll turn it back over the author to close.
- MarĂa Elena Durazo
Legislator
Thank you very much, Mr. Chair and members. And ask for your I vote. Thank you.
- Jesse Arreguin
Legislator
Okay, if the committee consists, could please call the roll on the motion by Senator Wiener?
- Committee Secretary
Person
The motion is do pass as amended to the Committee on Appropriations.
- Jesse Arreguin
Legislator
We'll keep that bill also on call for absent members. Thank you.
- MarĂa Elena Durazo
Legislator
We are done with the agenda. We're just waiting for a few more Members of the Committee so that we could lift the call. No. zero, we can do. zero, okay. Okay. So we'll lift it. For current Members here.
- MarĂa Elena Durazo
Legislator
The vote is 5 to 1. The Bill is out. Out. Okay. I want to thank all the individuals who participated in public testimony today. If you were not able to testify, please submit your comments or suggestions in writing to the Senate Local Government Committee or visit our website. Your comments and suggestions are important to us.
- MarĂa Elena Durazo
Legislator
We want to include your testimony in the official hearing records. Thank you. We appreciate your participation. We thank our consultants and staff, everybody who made this day possible. Thank you for your patience and cooperation. We've concluded the agenda.
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Legislator