Senate Standing Committee on Local Government
- María Elena Durazo
Legislator
Good morning. Buenos Dias. Thank you for joining us for this meeting of the Senate Committee on Local Government. Senate welcomes the public in person, and we are holding our committee hearings in the Capitol Building. I ask all members, pretty much all members, thank you very much, to be present in Room 113 so we can establish our quorum and begin our hearing.
- María Elena Durazo
Legislator
A little housekeeping. File item number two, s p 958, has been pulled from the consent calendar. We have 17 bills on today's agenda, five of which are on consent. Those are file item eight, sb 1205, file item nine, sb1274, File item 11, sb 1055. File item 15, sb 1170. File items 17, SB 1438 by the Committee on Local Government. And madam, can we establish quorum?
- María Elena Durazo
Legislator
I see. If if I could add if I could add what our consultant said is that there's two ways of being in compliance. One currently is the seller does it. What you're trying to address is another option, which is the buyer and the seller together have an agreement that the that the sell that the buyer is going to take care of it. Right? So it's just adding that option for the two of them.
- Josh Becker
Legislator
Right. And then notifying the fire agency so that the fire enforcement agency can then come and and inspect and make sure it gets done.
- Steven Choi
Legislator
Buyer and the seller will have to agree who's gonna comply with the
- Steven Choi
Legislator
I see. Yeah. Not burden is not necessarily on the seller. Right.
- Steven Choi
Legislator
Okay. As long as we prevent the fire. Yeah. Yeah. That's affordable.
- Paul Ramey
Person
Thank you, madam chair. Paul Ramey for the Personal Insurance Federation of California in support.
- María Elena Durazo
Legislator
Okay. Thank you. Okay. We have a motion by Senator Salgado. Yes.
- Josh Becker
Legislator
No. I I appreciate the comments. I mean, we've got some experience voices of experience here. Respectfully asked for an aye vote.
- Unidentified Speaker
Person
The motion is do passed to the committee on appropriation. Senators deRazzo? Aye. DeRazzo, aye. Choi?
- María Elena Durazo
Legislator
Thank you, Senator. Do we have she's not here. Nobody's here. Kamalda. Oh, since he is here, ready and available, we will move on to item number three, Senator Kamaldin.
- Jesse Arreguin
Legislator
Thank you, Madam Chair and fellow committee members, for the opportunity to present Senate Bill 1041, the Fire Hardening Act of 2026. I want to start by thanking the Chair sincerely and the committee staff for their work with my office on this bill.
- Jesse Arreguin
Legislator
I will be accepting the committee amendments as proposed, which make a number of improvements; just briefly to summarize: clearly stating and limiting the type of wildfire safety improvements that could be financed under a PACE loan if this bill were adopted, providing hardship provisions, including if a wildfire destroys a property to remove the lien, and requiring certain reporting requirements so that we're aware of the effect of this bill and can make improvements if necessary to strengthen consumer protections.
- Jesse Arreguin
Legislator
To put this in context, California is facing a new wildfire reality, and Senator Becker addressed this in his prior comments on his bill. Recent devastating wildfires have made clear that wildfire risk is no longer limited to traditionally designated high-risk areas, and virtually every community in our state is now vulnerable.
- Jesse Arreguin
Legislator
At the same time, we know the simple truth that proven home hardening upgrades, like fire-resistant roofs, ember-resistant vents, and other hardening measures can dramatically reduce damage and save lives. But there is a fundamental problem: the cost of those improvements.
- Jesse Arreguin
Legislator
These upgrades often require significant upfront investment, and too many homeowners simply can't afford to make them, especially as insurance becomes more expensive or unavailable, and this is also essential to make sure that properties remain insured or can secure insurance.
- Jesse Arreguin
Legislator
The Legislature attempted to address this in 2018 by allowing Property Assessed Clean Energy, or PACE loans, for financing fire hardening. PACE is a proven tool that allows homeowners to finance upgrades and repay them over time through their property tax bill using private capital, not taxpayer dollars. Unfortunately, third-party administrators were effectively enabled to offer this financing, specifically because it was limited in its scope.
- Jesse Arreguin
Legislator
The prior legislation limited it to certain fire severity areas when we know that fire risk can exist outside of those fire severity areas. So SB 1041 finally delivers on this original promise that was authorized by this prior legislation. It provides clarity and explicitly defines eligible fire hardening improvements, and there's a scope of that, thanks to the committee amendments.
- Jesse Arreguin
Legislator
SB 1041 expands access. Instead of limiting eligibility to certain fire hazard areas, SB 1041 allows homeowners throughout California, in more than 350 PACE-authorized jurisdictions, to access this financing immediately. And just to put this in context, in my district, I represent the East Bay.
- Jesse Arreguin
Legislator
1991, there was a catastrophic wildfire, up until the last decade, probably the most catastrophic wildfire in the state's history, the 1991 Oakland-Berkeley Hills Fire, which destroyed-- which killed 25 people and destroyed 3,500 homes, and every day, my constituents in the East Bay live with that risk that there's gonna be a catastrophic wildfire.
- Jesse Arreguin
Legislator
And I'm proud that my district, particularly the City of Berkeley, took steps to adopt the most stringent Zone Zero standards in the State of California, and I acknowledge the State of California is also promulgating Zone Zero standards. And in order to implement Zone Zero, we have to help property owners do the work to remove vegetation, hard their homes, so that they're compliant with those requirements, they're not being penalized, and also, they're making the properties more fire-safe.
- Jesse Arreguin
Legislator
Additionally, we know that wildfire spreads so quickly, as we've seen in Southern California over the last year, sadly last year. And one fire can spark embers that can go for miles and set off fires throughout a large area. And so, urban wildfire risk is real, not just wildfire risk in the rural areas of the Wildland Urban Interface. Urban wildfire risk is real.
- Jesse Arreguin
Legislator
That's why I'm bringing this bill forward because this is important to my constituents in the East Bay and important to people throughout the State of California to make sure we have the resources for people who can't access that capital.
- Jesse Arreguin
Legislator
I acknowledge that, you know, and the Mortgage Bankers addressed the-- addressed this in their letter in the portal that, well, you can actually get a bank loan to finance some of these improvements. This is particularly tailored for people that cannot access that type of capital. And we have many people that live throughout California, including my district, who are house rich and cash poor. They have a lot of equity, but they don't have the capital to be able to finance this work.
- Jesse Arreguin
Legislator
I also wanna acknowledge the comments that opposition have made around the historical issues with the PACE Program, and those concerns are real. And I'm committed to continue to work with opposition. In fact, we've met with, I think, nearly everyone, including the Mortgage Bankers, the various consumer protection groups to hear their concerns.
- Jesse Arreguin
Legislator
I'm committed to working with them, if this bill moves forward today, on strengthening consumer protections to make sure that we do not put people at risk of default, but that we give them a workable tool that can help them finance this critical work; was essential for life safety and the safety of neighborhoods throughout the State of California. Through these sensible changes, SB 1041 finally guarantees that homeowners have accessible financing they need to defend their futures.
- Jesse Arreguin
Legislator
With me to testify in support is Terry McHale from CAL FIRE Local 2881-- thank you for their support in defending our state--and Dean Grafilo with Renew Financial, and I believe we have dealt-- they'll also use the two minutes as well with another witness.
- Dean Grafilo
Person
Thank you. Morning, Chair, senators. Dean Grafilo with Capital Advocacy, here on behalf of Renew Financial. I'm gonna introduce Laura Bravo, Vice President of Government Relations for Renew Financial, who will provide testimony, and then here for technical questions. Laura?
- Laura Bravo
Person
Good morning. Thank you. Chair, members of the committee, I respectfully request your aye vote on SB 1041. If we're serious about building community-wide fire resilience, we must empower property owners to protect their homes. In 2018, the Legislature recognized this in SB 465, allowing PACE for fire hardening, but drafting issues have limited its availability.
- Laura Bravo
Person
SB 1041 corrects these issues and modernizes the program, clarifying eligible improvements and expanding access beyond limited fire zones. PACE allows local governments to leverage private capital to achieve policy goals without the use of public funds. Eligibility is based on property equity and ability to repay rather than credit score, making PACE more accessible.
- Laura Bravo
Person
Importantly, PACE, in 2026, is highly regulated and safe for consumers. The rate of complaints is at a record low, and foreclosures by PACE providers are nearly nonexistent.
- María Elena Durazo
Legislator
Wait. I'm sorry. We have too much noise back there. I'm sorry. Can you all-- can you all be-- thank you very much. It was hard to hear you. And maybe you can speak in the mic. Thank you.
- Laura Bravo
Person
Thank you. PACE ability to repay requirements now mirror those for mortgages, ensuring that consumers have enough verified income to handle the new payments. PACE also now has consumer protections that other financing options don't offer: contractor vetting, phone calls with consumers to ensure they actually understand the financing, and more. Many Californians lack affordable financing for fire-hardening retrofits.
- Laura Bravo
Person
SB 1041 provides an accessible, consumer-protected solution, and in the past few days, has garnished new support from the California Professional Firefighters and numerous homeowners. I strongly urge an aye vote. Thank you.
- Terry McHale
Person
Good morning, Madam Chair, members of the committee. Terry McHale with Aaron Read & Associates, representing CAL FIRE Local 2881. We've represented CAL FIRE for 45 years, and we've seen the extraordinary changes, especially in the last 25 years where we've seen the budget grow from a little over 500 million to $4 billion. CAL FIRE 2881 has strongly supported home-hardening legislation, defensible space legislation, and two years ago, we were behind the bill that Senator Bill Dodd put out on innovations in suppression and prevention.
- Terry McHale
Person
In 2018, we supported the Hannah-Beth Jackson, subsequent to the Tubbs Fire, which resulted in 22 deaths and the loss of 5,500 structures, and the Camp Fire a year later, where 89 people died and 15,000 structures were lost. This new normal in California is extraordinarily devastating, and it no longer is in a seasonal period and it is no longer restricted to any single part of the state.
- Terry McHale
Person
SB 1041 expands the PACE Program financing so more homeowners can invest in the critical wildfire improvement safety improvements. It removes the outdated geographic restrictions and allows any community with an existing program to participate, recognizing, Madam Chair and members of the committee, that the risk is statewide. We believe this bill is stronger than the Hannah-Beth Jackson bill of seven years ago.
- Terry McHale
Person
We appreciate very much the committee's willingness to work with the author to make sure that there are greater safeguards, and we're also encouraged by this particular author's willingness to be amenable and to listen to opposition to make sure that it works, that it's not only pragmatic, but that it's practical. Thank you very much.
- María Elena Durazo
Legislator
Thank you. Anyone else-- anyone here? Let me see. We already had two witnesses. Does anybody wanna come forward in support of SB 1041? Please give your name and your organization.
- Matthew Klopfenstein
Person
Morning, Chair and members. Matt Klopfenstein, on behalf of Home Run Financing, in support. Thank you.
- María Elena Durazo
Legislator
Thank you. Anyone else in support of SB 1041? Okay. Seeing none. Anyone here in opposition to SB 1041? Okay. You have two witnesses? Okay.
- Lisa Sitkin
Person
Thank you to the committee members and to Senator Arreguín for being so open. We had a very productive meeting last Friday, and we will continue to have a conversation. I am Lisa Sitkin, here from the National Housing Law Project, on behalf of a coalition of homeowner advocates. These are legal aid attorneys, housing counselors, and others who work directly with homeowners who are the ones who would be getting these PACE loans.
- Lisa Sitkin
Person
We are currently in opposition to the loan, though--I'm sorry, to the bill--though certainly willing to have discussions about changes that might be made. We continue to see, day after day, week after week, problems with the PACE Program. And while we agree wholeheartedly that there is a need to be able to have homeowners afford this kind of improvement to their home, probably throughout the state--we're not contesting any of that--we do not think that PACE is the way to do that. We think that it continues to have serious design flaws related to the contractors who have a conflict of interest.
- Lisa Sitkin
Person
They are selling the financing, and they are the ones who are gonna get all the money in their pocket. We see price gouging. We see misrepresentations about the nature of the program and what the homeowner's obligations will be. And at the back end, when there has been fraud and the homeowner has been wronged and ends up with a loan they cannot afford, we see endless strategies to insulate the financing companies that pays administrators from any responsibility for what their solicitors' salesforce essentially have done.
- Lisa Sitkin
Person
Most recently, in Alameda County in Oakland, we have an 82-year-old homeowner who actually would have been somebody who would be looking to this kind of financing. Her insurer told her she needed a new roof in order to get renewed. So she was needing a new roof and that is a real need.
- Lisa Sitkin
Person
However, she was sold by the contractor a PACE loan that she was told was gonna be $30,000 that she could pay in small amounts over time. She ended up with a $55,000 lien, not understanding that was the case. Over the course of the life of this loan, it will cost her $115,000, and her monthly--I'm sorry--her annual property tax bill has gone up by $4,000.
- Lisa Sitkin
Person
She lives on a fixed income on Social Security. There is no way she can afford this. And this is one of so many cases that organizations like Housing and Economic Rights Advocates, which sees homeowners throughout the state, is seeing. These are loans from 2023, '24, '25. This is not a problem that has been solved.
- Karen Lange
Person
Good morning, Madam Chair and members. Karen Lange, on behalf of the California Association of County Treasurers and Tax Collectors. I first wanted to say, I appreciate what you're trying to do. Trying to solve this dual crisis of insurance accessibility and home-hardening affordability is an honorable venture. However, the Treasurers and Tax Collectors have been on the front lines of the very tail end of really abusive practices of these liens, and some of the stories that have come forward over the last decade or so that the reforms have been pursued have really been heartbreaking.
- Karen Lange
Person
The bill, as proposed to be amended, would allow the JPA administrators to remove the liens if the home is burned down, but that only would be going forward. So we still have issues with folks whose homes have burned in previous catastrophic wildfires where we were lucky if maybe the JPA would strip them off. We do not have the power to do it.
- Karen Lange
Person
Senator Caballero was, you know, our ally a few years ago and ran legislation authorizing Treasurers Tax Collectors to strip the lien if a home had been burned and we were not able to get that bill to the governor's desk.
- Karen Lange
Person
And so we see these folks come in who have literally lost everything and are probably uninsured, and while a lot of the other pieces of your tax bill can be discharged, the lien runs with the property, and so we're watching folks that might have to sell their property because they were underinsured and can't afford to rebuild, and then also they have to pay off this lien because it stays with the property and it also survives bankruptcy. So these are really tragic stories that we've seen, so we're just very reticent to see the program expanded, but again, we wanted to acknowledge your goal here.
- Karen Lange
Person
But I also wanted to let you know if the bill does go forward in some form, even as amended, we had a conversation with the association and, just for context, the chair is from Contra Costa County, but we have Solano County with the LNU Complex Fire, Los Angeles County Treasurer Tax Collectors represented on the committee, a few other, and Butte County that's been through the Paradise Fire, and everything that has to happen for property owners in the wake of a bill-- a fire where your house burns down.
- Karen Lange
Person
And one of their concerns was, you know, their board of supervisors are talking about this, this need to do something to help homeowners harden their homes, but the liens that we're talking about in this interest rate environment, a PACE lien could be somewhere between 10 and 12%, and the folks that this is seeking to help are people who already don't have access to traditional financing, which is gonna be lower.
- Karen Lange
Person
And we're not-- this is not a-- this is not far out in the future. These are bills that come due on April 10th and December 10th, as you know, because of some other bills we've carried, and if you can't pay your tax bill, your 10 or 11% PACE lien is gonna have another 18% on top of it because that is what it costs property owners who can't pay their taxes on time.
- Karen Lange
Person
Their property taxes accrue at 18% per year if you are defaulted or delayed in paying your taxes. We don't wanna do that to folks. We take it very seriously and we cannot parcel out what stuff we can accept for payment. I also would wanna observe to you-- yeah, I know.
- Karen Lange
Person
There's so much here. I've been working on it a while. The number of parties involved in getting paid for these transactions is far greater. Please be suspicious of the number of hands in the cookie jar when we're talking about this to protect people. And finally, there is no guarantee that even if someone takes out $100,000 lien on their property, that they will be able to afford their insurance or get renewed.
- Karen Lange
Person
And so they may not even be able to ensure the improvement that they are getting put on their property tax bill, and that is of grave concern to us even with the ability to strip it off. Sorry for going so long. There's just a lot here. But again, thank you, Senator. I know you're trying to solve a very serious problem, and we regret our opposition. Thank you.
- María Elena Durazo
Legislator
Thank you. Appreciate that. Anyone else who wants to speak? We'll have the MeToos. Your name and organization, please.
- Danielle Kando-Kaiser
Person
Good morning, Chair and Members. Dani Kando-Kaiser, on behalf of the California Low-Income Consumer Coalition, who is one of many of the members of the California Energy Justice Coalition. Want to thank the senator for engaging with us. Regretfully opposed.
- Chris Schultz
Person
Chris Schultz with the California Bankers Association. Mortgage lenders are opposed for a slightly different reason outlined in our letter. We have an opposed unless amended position. Thank you.
- Indira Mc Donald
Person
Indira McDonald, on behalf of the California Mortgage Bankers Association, and we appreciate continued talks regarding our concerns, and we're opposed unless amended. Thank you.
- Brian Augusta
Person
Brian Augusta, on behalf of the Housing and Economic Rights Advocates and Public Counsel for all the reasons the witness has stated.
- Robert Wilson
Person
Rob Wilson of the California's Credit Unions, here in respectful opposition. Echo the comments of the Bankers. Thank you.
- María Elena Durazo
Legislator
Anyone else in opposition to SB 1041? Okay. Seeing none. Questions or comments? Senator Seyarto?
- Kelly Seyarto
Legislator
Yeah. So I have the unfortunate experience of this being one of the big regrets I ever had as a public official, is when I was the Chair of WRCOG, and we had the opportunity to set up a PACE Program. And we did. And I thought, yeah, people that can't get the traditional financing can actually participate in getting-- and at the time, it was more of the climate-related improvements.
- Kelly Seyarto
Legislator
What ensued-- and I say this by way of-- I've had several different windows into this program, and one of them is my wife has a tax business and she did taxes for people for many years. So I got to see the short-term, I got to see what happened with the contractors, and then I got to see the long-term effects of what this program had done to people and their finances.
- Kelly Seyarto
Legislator
And then some people, it put them into financial ruin. I got to experience the sales part of it. I actually had a person, when I was the Chair of WRCOG, come to my house to sell me improvements, and it was a government program and it wouldn't cost me nothing.
- Kelly Seyarto
Legislator
$31,000 was the quote to paint my house. At the time, it would cost about 4,000 to paint a house. It it gave me some insight onto some of the abuse that's out there. And I know we tried to make some guardrails to to to keep that under control.
- Kelly Seyarto
Legislator
To me, opening this program up to suck people into that type of financing is the same as somebody offering somebody a 30% loan that doesn't know what 30% loans are. They get the money, and then the next thing you know, they're paying this enormous amount. There are a lot somebody from the PACE program currently, because once I I wrote it off, I used to be its biggest fan, and and now I'm, I regret being that, because what I saw it do to people.
- Kelly Seyarto
Legislator
And and so there are a lot of different things that we need to do, and I applaud you for, trying to go down that road with this. But there are just some places we should not be getting money from to do projects like that.
- Kelly Seyarto
Legislator
A lot of people when they get older, they're depending on the equity in their home to be able to sell a home and then move on to their next step, whether it's an assisted living situation or whatever, they need all the equity they can get. They're doing that. And only to find out that they have this giant lien on their property. They also look at the the first time they get their property tax bill and and find the amount on that.
- Kelly Seyarto
Legislator
And and my wife is explaining to them why their property tax is higher, why they can't refinance their property because that's also something else they were unable to do because a refinance would require them to pay that loan off because no refinancing bank wanted to be subordinate to that Lien.
- Kelly Seyarto
Legislator
So, it has too many problems for me to support it. I support the concept. We need to do something to help people who can't afford to to do that. But if they can't afford and to get a loan through traditional, you know, like a an equity loan, a home equity loan, or a second mortgage to to pay for their their and go through traditional means, they're probably already on the hook for not being able to afford this, and and they're right to be taken advantage of.
- Kelly Seyarto
Legislator
And it's what should cost them a $30,000 improvement winds up costing him three times that amount.
- Kelly Seyarto
Legislator
And the other part is and I think he took care of this in some of the amendments, which I was glad to see. When you you you can't use a loan like that to do something you're going to be doing every year. Because otherwise, you're gonna have to go out and get another loan like that.
- Kelly Seyarto
Legislator
And the people that are offering you that, once they've got you as their, person to to go to and and offer that loan to, they'll come back every year to clean that and charge you another 15 to $20,000 and put that where you can't see it. But you will feel it eventually.
- Kelly Seyarto
Legislator
And usually when they feel it is when they're most vulnerable, and and and therefore, really, really hard for me to support this approach to that problem. Not I'm willing to look at a lot of things, but this approach to it, I I just can't. I can't get behind. But thank you for your efforts though. I I'm a 100% behind the effort, but just not with this.
- María Elena Durazo
Legislator
Anybody else with questions or comments? No. See none. You know, this is really hard, I know, for you. I know who you are, your values, what you stand for, and I probably wouldn't be even considering it if it wasn't for someone of your credibility.
- María Elena Durazo
Legislator
So it means a lot that you're the one presenting this. I know you're working really, really hard. I met with the proponents of it trying to fix this. I know some amendments that you did were obviously specifically aimed at how do we make sure there's as many protections for, for the loan, recipients as as possible. I understand there's a couple just to mention amendments expanding reporting requirements for the improvements to require providers to explain outstanding complaints, a required hardship program that allows for removing the liens.
- María Elena Durazo
Legislator
This is not where we want it to be. This is not the level of protections that we want it to be. I've been involved with a lot of similar types of programs. We had the whole battle with the payday loans. We had battles with, immigration service providers, and there's there's this group of people, bad people out there who will do anything to abuse to make a fast buck.
- María Elena Durazo
Legislator
And that's what we're we're up against here. So I know all my friends in the, where, consumer protection, advocates are are here as well. We're always working together on these issues. But because of your commitment and who you are, I'm willing to take that that chance of supporting it. I know you have to continue to work hard even after this.
- María Elena Durazo
Legislator
If this were to get all the way and get signed, you still have to work at it because we all have to face the people who are gonna come to us with these with these issues. So I will be supporting you you today. You if you wanna wrap up in closing remarks.
- Jesse Arreguin
Legislator
Well, thank you, madam chair, for those comments. It really means a lot to me, your your trust in me, and my commitment to to really sincerely address the legitimate concerns that Senator Siotto raised, and I think the opposition of race certainly understand the the bankers and, you know, credit unions have a have a different interest in this, and I certainly respect that. It's very interesting to be presenting this bill because this program started in Berkeley in 2007.
- Jesse Arreguin
Legislator
And I think one of the biggest problems is that for quite some time, there were very light requirements in statute and zero regulatory oversight. And I think the legislature rightfully in the last decade took steps including putting this under the Department of Financial Protection Innovation to make sure that there was some oversight.
- Jesse Arreguin
Legislator
And a series of laws that have been passed, you know, when call attention to SB 242 in 2017, which had certain requirements, regarding with there's a reported reported phone call that there have to be specific information on the terms of the agreement, prohibited kickbacks to contractors for steering consumers into a particular program, pace and also restricted PACE providers from disclosing to contractors the amount of funds the property and the owner eligible for, particularly to try to address contractor abuse.
- Jesse Arreguin
Legislator
You know, there are also other laws that have been passed to, allow for the right to cancel PACE funding, to extend laws regulating unfair methods of competition, unfair deceptive acts and practices. With regards to the home solicitation of senior citizens for home improvements funded by PACE, I was also made aware, in my conversation with the, consumer protection groups of legislation that Senator Min had proposed, just a few years ago, and we're gonna take a look at that. But you have my absolute commitment.
- Jesse Arreguin
Legislator
Aye, under no circumstances, wanna create a situation where people who are doing the right thing and are actually complying with the requirements of the state to do this hardening work and wanna get insured.
- Jesse Arreguin
Legislator
And I agree we need grants and we need to work with the department insurance to make sure that we are getting people insured if they're doing the work. And that's a separate issue, separate matter, but very related and tangential to this. But I don't want people that are doing the right thing, to to be fall victim to any sort of predatory actions or or deceptive practices that will result in them removing their home.
- Jesse Arreguin
Legislator
I'm very open to the suggestion that was raised by opposition, to look at notch, the, the mortgage the treasurer's tax collectors to look at the concept of how we remove liens, not just prospectively, but retroactively if a home is is burned down. I think that's the least we can do to provide relief for people.
- Jesse Arreguin
Legislator
But at the end of the day, the goal of this bill is to help prevent that from happening. So, we certainly respect the thoughtful discussion on this bill. I ask for your support to move this out with a commitment that will continue to work with opposition to address these very legitimate issues and to make sure that we have a program that's workable and that will protect consumers and protect our state from the risk of wildfire. I have a spec last for a night vote.
- María Elena Durazo
Legislator
I'll I'll ask I'll call our opposition friends. So we have do we have a motion? Motion by Senator Cervantes.
- Committee Secretary
Person
The motion is do passed as amended to the committee on appropriation. Senator D'Orazzo?
- María Elena Durazo
Legislator
Code is 32 and will remain on call. We're now now with Senator Reyes, s p ten seventy five. Welcome. You may start when you're ready.
- Eloise Gómez Reyes
Legislator
Thank you, madam chair. Thank you, madam chair. Members, thank you for this opportunity to present SB 1075, the clean air promise. I'd like to start by thanking the committee.
- Eloise Gómez Reyes
Legislator
I would like to start by thanking the committee and staff for their work on this bill. I am accepting the committee amendments. SB 1075 builds on the state's promise of clean air for all by ensuring that local governments analyze the potential air quality impact from local land use approvals of industrial or commercial uses.
- Eloise Gómez Reyes
Legislator
It has been nearly a decade since the passage of AB 617, which as part of the cap and trade negotiations that took place that year, offered the promise of local emissions reductions in our most polluted communities. Despite the importance of this program, there has consistently been a fundamental disconnect between program goals and efforts to maximize emissions reductions in impacted communities.
- Eloise Gómez Reyes
Legislator
Specifically, even when plans are identified in the SERP for implementation, there are no requirements for local governments to factor in the emissions reductions measures identified by state agencies, local air districts, and community members. S p ten seventy five fulfills the promise of AB 617 by ensuring more effective implementation of the statewide strategy to reduce emissions.
- Eloise Gómez Reyes
Legislator
Here to testify and support are Katie Valenzuela on behalf of the Center on Race, Poverty, and the Environment, and Phoebe Seton on behalf of the Leadership Council for Justice and Accountability.
- Phoebe Seaton
Person
Thanks so much, Senator. Good morning, chair. Good morning, committee. Phoebe Seaton with Leadership Council for Justice and Accountability. We are a community based advocacy organization based in the San Joaquin and Coachella Valleys.
- Phoebe Seaton
Person
We have worked on AB 617 policy development and implementation in both regions and at the state level. I recall with great clarity the night the Fresno SERP was negotiated. I was in Sacramento following negotiations from afar. I remember the details of the agreed upon SERP, but more than that, I remember the optimism that the SERP would mark a shift in the way planning and investment happened in South Fresno, among the most polluted corners of this state.
- Phoebe Seaton
Person
While the SERP has issued ushered in some benefits, it has not changed what matters most to Fresno residents, a better approach to land use in their neighborhoods that have spent decades being dumped on.
- Phoebe Seaton
Person
For instance, the city and county have failed to enter into an MOU that would have further transparency and decision making and coordination in the implementation of the CERT and various land use plans. The city has not adopted a truck routing plan to shift diesel trucks away from where people are living and where kids are playing. A health impact assessment was completed only to sit on a shelf accumulating dust instead of informing policy and regulatory action. More land is planned for industrial uses in the area.
- Phoebe Seaton
Person
A freeway expansion is planned to cut through the neighborhoods, and the city is considering rezoning a mixed use areA Back to industrial. The promise of AB 617 for one of the most polluted places in the state has been betrayed by inconsistent land uses decisions and priorities. SB 1075 takes modest steps to coordinate the critical goals of SERPs with the short, medium, and long term plans for neighborhood level, city level, and county level development.
- Phoebe Seaton
Person
While we understand that land use is the province of local government, we also have seen the legislature. In fact, this very committee passed legislation that provides guidance and guardrails to local governments when the late legislature assesses that local governments are not doing enough to advance state goals.
- Phoebe Seaton
Person
Our experience in this experience of tens of thousands others is that local governments are not doing enough to address local pollution in the most polluted neighborhoods of California.
- Katie Valenzuela
Person
Good morning, chair and members. My name is Katie Valenzuela. I represent the Center on Race, Poverty, and the Environment. And for the purposes of this committee, I also served on the city council here in Sacramento alongside my colleague and now Senator, Senator Ashby. SB 1075 builds on the lessons we've learned over the last several years as we work to implement AB 617.
- Katie Valenzuela
Person
As the author said, AB 617 was a promise to the the state made to specific overburdened communities that we will do what we can to improve their air quality. However, despite hundreds of millions of state dollars and an untold number of volunteer hours, we are not nearly close enough to making that promise a reality and in some communities they are actually seeing their air quality get worse.
- Katie Valenzuela
Person
SB 1075 will make strategic and surgical changes to the law to help with implementation of AB 617. It also makes a modest change to ask local governments to simply consider air quality if they are making decision about a proposed commercial or industrial use in those specific communities. Something that can easily be incorporated into their existing staff review and committee or council approval process.
- Katie Valenzuela
Person
This will ensure not only that communities are aware of the potential impacts of these projects, but also that they get an opportunity in a public meeting to voice any concerns or ideas to decision makers. To be clear, this requirement would only apply to local governments considering an action in an identified AB 617 community, not statewide.
- Katie Valenzuela
Person
We have been in active conversation with stakeholders about this bill and are committed to continuing those conversations because we do believe that we all want the same thing, cleaner air in our most overburdened communities. I would also like to thank committee staff for working with us on these amendments. And with that, on behalf of CRPE and our broad coalition of stakeholders, I respectfully urge your aye vote.
- María Elena Durazo
Legislator
Thank you very much. Is there anyone who wants to come forward and add yourselves as me too's to SB 1075? Please come forward. Your name and organization and your position.
- Herman Barona
Person
Good morning, madam chair. Herman Barona, executive director of the Sacramento Environmental Justice Coalition. I'm here as a partner of the greater state, EJ organizations. We're in support of this bill.
- Christina Alvarez
Person
Good morning. Miss Christina Alvarez, also a member with Sacramento EJC, and we're also asking for support.
- Fatima Garcia
Person
Good morning. My name is Fatima Garcia. I am the president of the Labor Council for Latin American advancement, AFL CIO, and we strongly urge your support. Thank you.
- Jenna Roper
Person
Hi there. Jenna Roper on behalf of Central California Asthma Collaborative, Central California Environmental Justice Network, and SAHA Action in support.
- April Robinson
Person
Thank you. Good afternoon. April Robinson with a Voice for Choice Advocacy and Support. Thanks.
- Chelam Tubati
Person
Good morning. My name is Chelam Tubati. I'm the cochair AB 617 Baby Hunters Point Southeast San Francisco in support of the bill, and I request, Chamber of Commerce when they're opposing to do so without disparaging the communities. Thank you.
- Marvin Norman
Person
I'm Marvin Norman, environmental policy coordinator with CCAEJ, Center for Community Action and Environmental Justice, and a member of the San Bernardino Muscogee AB 617 community in response report. Thank you.
- Matthew Baker
Person
Good morning again, senators. Matthew Baker with Planning and Conservation League and Strong Support. Thanks.
- María Elena Durazo
Legislator
Thank you. Anyone else? Anyone else in support of SB 1075? Seeing none, anyone in opposition to SB 1075? No.
- John Kendrick
Person
Chair DeRazzo and committee members, John Kendrick from the California Chamber of Commerce. We oppose SB 1075 as a cost driver. Now we've reviews reviewed the proposed amendments that are being taken, and our first impression is that the core problem of the bill still remains. SB 1075 actually backfires on the communities that it's seeking to help. The bill makes it significantly harder to invest and build in disadvantaged communities.
- John Kendrick
Person
That means fewer jobs for workers and less tax revenue for local governments to fund essential services. SB 1075 works by requiring local governments to conduct a new analysis tied to SERPs and local SERPs developed by unelected community steering committees before approving certain commercial and industrial projects. A SERPs and L SERPs are broad evolving policy documents.
- John Kendrick
Person
There's no clear standard for what level of analysis would be sufficient as Bill creates a new set of findings and analytical requirements that must be defended for every single project. These findings create a new litigation hook, even for projects eligible for ministerial approval or fully compliant with CEQA and local zoning.
- John Kendrick
Person
That increases the likelihood of delay in litigation that makes projects more expensive and harder to finance. Now investment depends on predictability, and this bill reduces it. When developers cannot clearly understand approval standards, timelines, or risk exposure, projects do not move forward. Capital shifts to jurisdictions where the rules are clear and more stable. This is a formula for banana.
- John Kendrick
Person
Build absolutely nothing anywhere near anyone, and that's what drives the problem. Over time, SB 1075 risks reinforcing the disparities that the bills intended to address. It applies exclusively in certain disadvantaged communities. Those communities need sustained investment for jobs, infrastructure, and the economic activity that supports long term improvement. By increasing permitting complexity and uncertainty in those areas, SB 1075 makes them less competitive for new projects.
- John Kendrick
Person
Fewer jobs, reduced prosperity, and a shrinking local tax base. Now when you think about the types of projects that could be prohibited under the or that could face additional challenges under this, think about somebody who's trying to decarbonize their operations. Right? So they're electrifying a portion of what they're doing, but they're still emitting. Right?
- John Kendrick
Person
Because they still are relying on some level of combustion. If the local SERP says, no. No. No. No.
- John Kendrick
Person
No combustion. We're reducing we're preventing that local community from achieving the benefit of reduced emissions. Right? You know, think about the battery storage that's required for a modern grid infrastructure. Right?
- John Kendrick
Person
Recently, there Harabedian an increased environmental opposition to the the siding of these battery storage projects. That's a serious problem for the grid that we want to build. Carbon capture and sequestration, which is necessary to retrieve our our climate ambition, circ would prevent that type of project from being executed. These aren't legacy projects. They're the next generation of infrastructure and industrial activity.
- John Kendrick
Person
So Thank you. You know, fundamentally, we see this as a problem for the communities that it's trying to help. And for that reason, we oppose SB 1075. Thank you.
- Mark Neuberger
Person
Good morning. Mark Neuberger with the California State Association of Counties. On behalf of CSAC and the League of California Cities, we wanna thank the author and the committee staff for working diligently on the committee amendments. We had deep deep concerns about the current bill in print that would prescribe land use and planning by requiring compliance with community emission reduction plans that would be approved by CARB or local community emission reduction plans that don't have any local, regional, or state involvement.
- Mark Neuberger
Person
The bill would have created a very broad and ongoing obligation for local governments to align land use decisions to single indicator of air quality for all local planning decisions, which undermine CEQA by prioritizing air quality above all other indicators.
- Mark Neuberger
Person
Lastly, we were very concerned that local government can decisions could be invalidated by the attorney general through the citizen petition process proposed by the bill. We remain opposed unless amended until the set of amendments come forward into print. Our primary concerns that remain include requiring cities and counties to analyze air quality impacts when we already analyze air quality impacts for sequel projects. In addition, such large industrial and commercial projects are already required to get air quality permits as well in the existing framework.
- Mark Neuberger
Person
These requirements feel duplicative and could tie the hand of local governments approving these project approving these types of projects.
- Mark Neuberger
Person
We look forward to reviewing the amended version of the bill and contributing to the discussions with the author. Thank you.
- María Elena Durazo
Legislator
Thank you very much. Anyone else in opposition to SB 1075? Please identify yourself and your position.
- Tracey Ryan
Person
Good morning. Tracey Ryan with the California State Association of Counties.
- Lauren Valencia
Person
Good morning. Lauren De Valencia representing the American Planning Association Would also align our comments with CSAC, but do you think the amendments are going in the right direction from a planning perspective and really appreciate all the work on this? Thank you.
- Adam Regale
Person
Good morning, chair and members. Adam Regale on behalf of NAAP SoCal in opposition. Thank you.
- Jenny Aguilar
Person
Good morning. Jenny Aguilar on behalf of NAOKE California in opposition. Thank you.
- Jasmine Vai
Person
Good morning. Jasmine Vai on behalf of California Building Industry Association in respectful opposition. Position. We appreciate the proposed amendments and look forward to working with the author. Thank you.
- Martin Rudasovich
Person
Good morning. Martin Rudasovich on behalf of the city of Fresno. Opposed unless amended, but we'll be reviewing the amendments in, shortly. Thank you.
- Lisa Tanaka
Person
Good morning. Lisa Tanaka from South Coast Air Quality Management District, and we don't have an official position at this moment. And we appreciate the opportunity to work with the Senator and all of the stakeholders to resolve any issues with the bill. We really want to share the same goal for clean air and protecting community health. Thank you.
- Carlos Gutierrez
Person
Madam chair, members of the committee, Carlos Gutierrez here on behalf of the California Grocers Association, AEM, and a number of agricultural commodities in opposition. Thank you.
- Oracio Gonzalez
Person
Madam chair Oracio Gonzalez on behalf of California's business roundtable in opposition.
- Chris Schumott
Person
Good morning, ma'am chair. Chris Schumott on behalf of the California Trucking Association and Supply Chain Federation in opposition. Thank you.
- Elizabeth Escobello
Person
Good morning. Elizabeth Escobello with the California Manufacturers and Technology Association in respectful opposition. Thank you.
- Joe Cruz
Person
Madam chair, members, Joe Cruz on behalf of the California State Council of Labor is respectfully opposed, but we'll continue working with the author to find a safe place to land. So thank you.
- Skyler Wanacon
Person
Good morning, madam chair, members. Skyler Wanacon, on behalf of the California Business Properties Association and respectful opposition.
- Kevin Scheip
Person
Good morning. Kevin Scheip with the California Air Pollution Control Officers Association in opposition. Thank you.
- Keith Dunn
Person
Morning, chair. Keith Dunn, State Building Construction Trades Council in opposition, but look forward to working with the author to try and improve the bill. Thank you.
- Bill Biller
Person
Madam chair, members, Bill Biller on behalf of the Association of Western Employers, also in opposition.
- María Elena Durazo
Legislator
Thank you. Anyone else in opposition to SB 1075? Seeing none, come to the dais. Questions? Comments?
- Kelly Seyarto
Legislator
Thank you very much. So this is one of the banes of being up here is we do want clean air. We want clean air bad. We wanna reduce pollution. But in doing so, sometimes we put up so many regulations that we get very little bang for our buck.
- Kelly Seyarto
Legislator
We don't reduce pollution much, but we spend a lot of money. In this particular case, I think there was an article a couple of years ago about we spent it was a CALmatters article and we spent like 1,100,000,000 addressing this and yet we have no discernible change in our pollution. The other issue I see with this is one more obstacle. And it's not really an obstacle because CEQA already covers air quality.
- Kelly Seyarto
Legislator
I've looked at a gazillion CEQA documents and CEQA studies on a lot of different types of projects.
- Kelly Seyarto
Legislator
And, and they're already there for us to consider. But what happens mostly is they consider when you consider jobs, when you consider, you know, the, the good and the bad of a project. The project usually wins as being a good for whatever community it is. And when you're talking about regional air condition our regional air pollution, and and I can use our region since we both know our region really well. And, you're actually more up into the pocket of the basin.
- Kelly Seyarto
Legislator
And, and unfortunately, a lot of our pollution, we have absolutely no control over because the prevailing winds, blow everything from the coast, into our region, and then it hugs the mountains and and compacts there. So we're not even contributing a lot of what we have to breathe in there and we have no control over it at all.
- Kelly Seyarto
Legislator
But I think doing this is going to create yet another barrier to the jobs that we need to keep people from driving so far and come attributing more to that air pollution. And those are the trade offs. We're looking at the balance of, you know, hey, this project may do this, but it's also keeping air pollution off on the other side.
- Kelly Seyarto
Legislator
And that's what sequence for. That's what the you know, we require that. Now, one question I do have, is this for commercial and residential?
- Kelly Seyarto
Legislator
Right. So so what that leads with is, you know, essentially, every single study that's done is gonna be challengeable in court, and create another another obstacle to building the job part of of balancing a region. If we have 63% of our our population commuting, whether and and 70% of those commuters are are in vehicles that produce pollution. Even if they're electric, they've got the tires on the road, they're producing pollution.
- Kelly Seyarto
Legislator
We're kind of fighting against ourselves, and ultimately we wind up with no jobs, a lot of people, no money for those people and and we start losing population, which we're already doing.
- Kelly Seyarto
Legislator
So I I feel like we have enough of these regulations in place and in fact, we've we've tried to reduce them, especially when it relates to housing, and more more than just housing, but really focused on high density housing. And and I fear if we add more and more to that, we are going to dig ourselves deeper in this hole of too many obstacles, not enough jobs. And if there's no jobs, then there's probably no need for the housing because people won't live here anymore.
- Kelly Seyarto
Legislator
And, and we see a lot of that already. So that's the problems I have with this bill is I think it's redundant, in our in our air studies part of it and just opens it up to more lawsuits, more delays, everything that the legislature has talked about since I've been up here about, oh my gosh, you know, what have we done?
- Kelly Seyarto
Legislator
And, and we can't do more, especially when we see studies that show we've spent a billion dollars and we're getting no result. So thank you very much, for your efforts in this. I I get it. I don't like bringing breathing bad air either. But we have to we have to figure out the balance of of having houses and and people and jobs, and this doesn't do it for me. Thanks.
- Steven Choi
Legislator
Thank you, chair. One of the frustrations for me serving in in this local government committee is that I face many, many bills being proposed that will take over all the roles of the local government, county, and cities. Having served in the local government for twelve years. These type of the functions cities, counties should perform. I all support the clean air effort and the reduction of emissions from the big projects.
- Steven Choi
Legislator
We have made tremendous improvements in cleaning the air because when I came for the first time from Pittsburgh by driving to LA, I was so shocked. I couldn't see the sky and so full of a smoke. How can I survive breathing this dirty air? I was so concerned. And over the years, now we see blue skies.
- Steven Choi
Legislator
And so the our effort has worked, definitely, and we need to continuously work. And as a result, we have so many different agencies that control that emission control and the air quality improvement projects, and especially commercial entities and the industries will will have to be regulated by this bill. It's already being done by controlled by layers of regulations, regulatory agencies already in place, such as for such a large project. Typically, environmental impact studies are required, and that's one thing.
- Steven Choi
Legislator
And then also community hearing, the community members will have an input for input into that.
- Steven Choi
Legislator
So people directly get involved in that kind of a big project, so that will impact their community and or environment. And CEQA is the governing overarching agency that we have to comply with. And in Southern California, we have Southern California AQMD, Air Quality Management District, and they are very, very tough in that controlling the emissions. So these are all locally already doing their jobs rather than creating another layer that will cause eventual cost hike for the projects and the delays of the projects.
- Steven Choi
Legislator
So this is redundant, unnecessary, and then also in the spirit of local agencies' authority, California constitution vests cities and the counties with the police power to be exercised by locally elected officials who are directly accountable to their communities.
- Steven Choi
Legislator
Within the framework established by state law, these officials are entrusted to make land use decisions that we are talking about based on a balanced consideration of our local needs, economic development, housing production, environmental impacts, public health, and community character. This system reflects a longstanding principle. Those closest to the impact of the land use decisions are best positioned to make them. SB 1075 fundamentally disrupts that framework. For these reasons, I don't think I can support this bill even though it was well intended.
- Jesse Arreguin
Legislator
Thank you. Well, I wanna thank the committee for its work on this bill. I did have concerns similar to what Senator Choi expressed, delegating land use authority to an air resources board, whether it's a local AQMD or the state. Number of us here have served local government. We, you know, we are elected by the people.
- Jesse Arreguin
Legislator
You don't elect an air board. They're appointed. So I appreciate the amendment that was made to change it to consideration of the means to reduce negative air quality impacts. Certainly, we need to align the work that's being done with AB 617 communities. I have two in my district, one in Richmond and one in in West Oakland, where there have been significant environmental justice issues and harm inflicted on those frontline communities by industry.
- Jesse Arreguin
Legislator
And a lot of thoughtful work is done to developing those AB 617 plans, working with industry as well as with communities that are impacted. But we do need to make sure that as general plans are being developed or, you know, projects are being considered that there is consideration. I think that's certainly, I think that's certainly a worthy, a worthy thing to happen.
- Jesse Arreguin
Legislator
And so I appreciate the amendments that really kind of respect local authority, but also make sure that this is a process a meaningful process that can be folded into existing land use review. And I'll move the bill at the appropriate time.
- María Elena Durazo
Legislator
Thank you. Thank you very much. Well, I just I just wanna say I I also appreciate working with the with the author and addressing some of these things. For example, one part of the amendments is to consolidate the analysis with CEQA so that there's not duplication to be able to address some of the some of the criticisms. If it's already covered by CEQA, then there's no need for another analysis.
- María Elena Durazo
Legislator
This is about the worst air in the in the state. This is about those areas, and this is about giving more serious consideration to what happens in those communities there. They will be identified, and then those communities have the opportunity to do what you know, take take those issues up. I know in in my district, if this had been in place and in law, maybe there wouldn't have been five freeways all crossing each other in Boyle Heights in East LA.
- María Elena Durazo
Legislator
So, you know, we're we're talking about addressing very, very specific areas that are hardest hit, that are suffering the most, it's and especially with with industry.
- María Elena Durazo
Legislator
So I really appreciate your work, and I know that you will continue to work with, anyone who has we all care about these jobs. And and it really bothers me when jobs the creation of jobs is put up against, you know, having cleaner air or having a cleaner community. It shouldn't be one or the other, and we're trying to do both at the same time. And I appreciate any effort that brings the two together instead of having to choose between one or the other.
- María Elena Durazo
Legislator
I I know yourself as well. So with that, you can respond, but use your ending remarks.
- Eloise Gómez Reyes
Legislator
Thank you. And I do I through the chair, I would like to respond. When we talk about putting this layer, it is for those AB 617 communities. These are communities that were selected because they have the worst air quality. So, if they have the worst air quality and the community and the, and government agencies have come together to put together these plans, we should do something with the plans.
- Eloise Gómez Reyes
Legislator
Not just say, okay, there's a plan, put it on the shelf, and thank you for community for coming and putting it together.
- Eloise Gómez Reyes
Legislator
No. We need to do something to implement them. We have changed the language to say they should be considered, and once they are considered, if the local government says we considered it and the what is being proposed is too essential to this community, we're going to move forward with it, at least it was considered and the community feels that their volunteer hours, because they spent so many volunteer hours coming together because they think they're really being heard when they put together this plan.
- Eloise Gómez Reyes
Legislator
This plan is being put together to say, here are all of our concerns, and this is what we need to reduce emissions in our community. We're not saying you can't approve anything unless it goes to this plan.
- Eloise Gómez Reyes
Legislator
We're saying consider it and then tell us you considered it and this is still an essential project that needs to go through. I agree that the cities and counties have this duty to to do what is best for the community. Doesn't always happen because they decide that for business reasons, this particular project needs to be approved. We talk about CEQA. CEQA should be stopping many of these programs.
- Eloise Gómez Reyes
Legislator
If it were if CEQA were followed in my community, we wouldn't have 4,000,000 square feet of warehouses.
- Eloise Gómez Reyes
Legislator
It wouldn't have happened. But CEQA is very ease they very easily can override a CEQA request. If CEQA says you shouldn't build here because this is building upon building upon building on and creating worse and worse and worse air quality. If SQL were followed when it said that, I wouldn't have all those warehouses, but I do. But I do.
- Eloise Gómez Reyes
Legislator
And when we talk about the fact that we used to look at the air and we couldn't see through, and now we can see the mountains, that is true, and I'm grateful for that. The problem is we have diesel particulate matter that is so small, and it gets into the lungs, especially of the children and the seniors. Those are the most affected by this diesel particulate matter. It's affecting us. It's affecting us.
- Eloise Gómez Reyes
Legislator
It's just like asbestos. You can't see the asbestos as clearly as you would have expected, but it gets into the lungs and you know what's going to happen to your life expectancy. Now, I heard two different things. I heard we have spent over $1,000,000,000 and nothing has happened. And then I heard our efforts have worked.
- Eloise Gómez Reyes
Legislator
It's one or the other. And the truth is it may have worked in some communities, but there are some communities where it has not worked. And that is because those are the worst affected communities. Those are the AB 617 communities where we had to put plans together, but the plans are not being followed. I also heard that it makes it harder to invest in these communities, and there's not there's no money for those people.
- Eloise Gómez Reyes
Legislator
I'm sorry. Our communities need those investments. And just because for years and years, we've been overburdened, and we've had all of these, everything that can go wrong in our communities has gone wrong, and our communities are suffering the most. We have more asthma. We have more the American Lung Association has classified our area as the worst area.
- Eloise Gómez Reyes
Legislator
That's the American Lung Association. Something has gone wrong, and we have an obligation to do something further to help our communities. They are the most overburdened communities. The bill as amended does not say you have to follow these SERPs. It says you must consider them when you're talking about air quality.
- Eloise Gómez Reyes
Legislator
So as local governments, it's figuring out what do you do, and how do you do it. You consider them. And then you say I considered it and here's the community deserves to know that you considered it as local electeds. And with that, I respectfully ask for your aye vote.
- Committee Secretary
Person
The motion is do passed as amended to the committee on appropriation. Senator D'Arazzo? Aye. D'Arazzo, aye. Choi?
- María Elena Durazo
Legislator
The vote is three to two and remain on call. Thank you. Thank you all very much.
- María Elena Durazo
Legislator
The vote is three to two and remain on call. Thank you. Thank you all very much.
- María Elena Durazo
Legislator
We'll just wait a little bit to settle down. Okay. Senator, welcome to start.
- Akilah Weber Pierson
Legislator
Thank you, chair. Good morning, members. I'm here to present SB 958. SB 958 provides a pathway to allow the city Of San Diego's Midway Rising redevelopment project to proceed following years of extensive planning, environmental review, and two voter approved measures. The project replaces an aging obsolete arena and expansive surface parking lots with climate resilient transit oriented community that prioritizing houses housing production, active transportation, and high quality public spaces while maintaining the site's long standing role as a regional entertainment destination.
- Akilah Weber Pierson
Legislator
More specifically, the project will create at least 4,250 residential units, of which at least 2,000 will be affordable, a modern 16,000 seat multipurpose sports and entertainment venue that will achieve LEED gold certification for new construction within one year following completion, and over 14 acres of parks and public space, and a mixed use entertainment, arts, and cultural district.
- Akilah Weber Pierson
Legislator
This bill was recently amended using committee and community feedback, and so this bill will shift away from a full CEQA exemption and instead clarify CEQA law so that impacts related to increased building height are properly accounted for within the project's future environmental impact report. The bill amended will simply provide prospective guidance to the courts. SB 958 helps ensure that our environmental review process remains focused, consistent, and predictable so that agencies, courts, and stakeholders are all operating with a shared understanding of the law.
- Akilah Weber Pierson
Legislator
Joining me today is Moira Topp representing the city of San Diego.
- Moira C. Topp
Person
Good morning. Thank you, madam chair and members. Moira Topp on behalf of San Diego, Mayor Todd Gloria, sponsor of the measure. The Midway Rising Project truly is a once in a generation project. It's on city owned land.
- Moira C. Topp
Person
We've actually used the surplus land act to facilitate this project, and we're very proud of the fact that as the Senator mentioned, over 4,000, homes will be built, 2,000 of which will be affordable. That's well above the 25% requirement in surplus land act. So we're very proud of this. We'll probably be the largest affordable housing project on the West Coast. And as the Senator also mentioned, the people of San Diego have voted affirmatively twice in the last eight years for this project.
- Moira C. Topp
Person
We've been mired in litigation, and it's time to get shovels in the ground. So we appreciate all of the effort that your staff and you have put into this bill to make it more workable, and we appreciate the time spent on it. So on behalf of mayor Todd Gloria and the many residents of San Diego and who will be San Diego who will be able to call Midway Rising home. We ask for your aye vote.
- María Elena Durazo
Legislator
Thank you very much. We'll move on to see are there any others in support of SB 958? Please come forward. Seeing no one, is there anybody in opposition to SB 958? K.
- María Elena Durazo
Legislator
Seeing none. Senator Sciardo, did you say something? Move the bill? Okay. Any comments or questions?
- Steven Choi
Legislator
Yeah. I'll be happy to support this bill because it is addressing the sorting house housing issues, affordable housing issues, at the same time, addressing the air quality issues as well. So that's good.
- María Elena Durazo
Legislator
Thank you. Thank you. I know everyone you're you've worked hard. You everybody's worked hard, done everything you're supposed to do, and it just keeps things keep getting in the way. People putting things in the way.
- María Elena Durazo
Legislator
So I appreciate because of that. I'd be glad to support the bill today. Any wrap wrap up closing remarks?
- Akilah Weber Pierson
Legislator
Yes. I wanna thank really thank the staff on this committee for working really hard, on thiS Bill and coordinating with, the EQ staff and and my staff and staff of City of San Diego. It'S Been truly a collaborative effort. And with that, respectfully ask for an aye vote on SB 958.
- Committee Secretary
Person
The motion is do passed to the committee on appropriation. Senator Hesteraso.
- Committee Secretary
Person
Choi, aye. Adeyin Ashby Cervantes Laird Searto? Aye. Searto, aye. Three zero.
- Unidentified Speaker
Person
they asked me to come. I missed across. I can to Misty. Oh, okay. Okay.
- Benjamin Allen
Legislator
Good morning, madam chair. Thank you to you and thank you to the community staff for your work with us on this bill. This bill recognizes that a lot of the climate risks we're facing, a lot of the fire risk we're facing, are not just an environmental issue, but, but also something that's impacting housing and affordability. We're seeing families facing skyrocketing insurance premiums. They're losing coverage altogether.
- Benjamin Allen
Legislator
That's putting homeownership and rental stability increasingly out of reach. And we know, of course, that when insurance becomes unavailable or unaffordable, the impacts ripple outward. We have higher housing costs, reduced property values, increased risk of displacement, especially for low and moderate income households.
- Benjamin Allen
Legislator
And, and what's, of course, happening in higher risk areas, a lot of these communities' folks are increasingly turning to the California Fair Plan, which is a backstop that ultimately spreads risk across all policy holders, meaning the public is subsidizing development in the highest risk areas, and that's being borne by folks all over the state.
- Benjamin Allen
Legislator
So, real affordable insurance availability offers a critical, real-time signal of risk, and when coverage becomes unavailable or unaffordable, it reflects a market determination that the level of risk and danger may be too high to ensure.
- Benjamin Allen
Legislator
Ignoring that signal can leave communities exposed, not only to physical harm, but to housing instability, displacement, and economic loss, and yet, current safety elements don't account for these economic realities. They focus more narrowly on physical hazards without addressing how those risks translate into insurance premiums and housing and security.
- Benjamin Allen
Legislator
Just to give you a sense, you know, between 1990 and 2020, something like half of the homes built in California broke ground in wild urban interface, even though this area makes up less than 7% of all the land in the state. At the urban fringes, the tradeoff between housing and fire risk can be a profoundly difficult one to negotiate.
- Benjamin Allen
Legislator
So, this bill is a simple bill now, after the amendments, but it, but it ensures that local governments consider insurance availability as part of their safety planning, helping to identify communities where climate impacts are already driving up costs and limiting access to housing.
- Benjamin Allen
Legislator
The idea being that, you know, we should be very circumspect before green lighting significant new development in the very high fire zone that's not insurable. All of us end up being impacted in many ways by that. To support local governments in this task, the bill requires the Office of Land Use and Climate Innovation to update their fire hazard planning technical advice series with the sources of information that they can use to meet this requirement.
- Benjamin Allen
Legislator
So, better align land use decisions with long-term affordability and sustainability goals while guiding investments in wildfire mitigation, climate resilience, and community protection. Such investments may, in turn, improve insurance availability and reduce our crippling reliance on the fair plan that has become so oversubscribed and undercapitalized, it's really creating ripple effects across the board.
- Benjamin Allen
Legislator
So, by integrating environmental risk with housing and affordability considerations, the, the—this bill helps us plan more responsibly, protecting not just where we build, but where—whether—people can afford to live there safely. And here with me to, to testify in support of the bill, we have Matt Baker with the Planning Conservation League.
- Matthew Baker
Person
...Good morning, senators. Matthew Baker with Planning and Conservation League, in, in support of the, the bill, and, you know, we thank the Senator for his continued efforts to, to try to ensure that our, our development and, and existing communities are made insurable and ultimately, more safe in in California.
- Matthew Baker
Person
And, and, you know, we believe that, you know, in insurability, you know, begs the question of not just, like, home hardening considerations and how we build, but also where we build and if we have the correct infrastructure adequate infrastructure in place for evacuation. Holistic considerations that we think are, are appropriate to be considered in the general plan safety element, including the, the specific question of insurability and how that relates to these other planning decisions and considerations and mitigations that are taken at the plan level.
- Matthew Baker
Person
You know, I, I think the committee has clear questions and others will about whether this is exactly the right solution or mechanism to do this. But we, again, thank the author for his continued commitment and diligence in trying to find and working with the many stakeholders involved in these conversations to try to find the right solutions. And we strongly urge an aye vote so we can continue that conversation.
- Steven Choi
Legislator
Okay. Any other support, major witness? Otherwise, me too people in support of the bill.
- David Bullock
Person
David Bullock, on behalf of the users of insurance and the SFV Alliance, which is all of us, we are in support. Thank you.
- Steven Choi
Legislator
Okay. Any opponent witness? No? Okay. Then, we'll bring it back to the committee members.
- Kelly Seyarto
Legislator
Does this apply to, like, a single family residential, or does this apply to bigger developments? Would it—does this apply to everybody?
- Kelly Seyarto
Legislator
It's, it's, it's if you have a piece of land and you want to build your house on it.
- Benjamin Allen
Legislator
It's, it's basically a direction to local governments to incorporate and well, to consider insurance availability as part of their safety planning. So, it's—in the end of the day, we just wanna make sure that that's part of the mix when, when cities and counties are doing their planning.
- Kelly Seyarto
Legislator
Because it it seems to me that I mean, if you can't get insurance, you can't—you're not gonna have a, a product to build. And, and it's hard to guess.
- Benjamin Allen
Legislator
And that's why, that's why the, the bill is not too prescriptive.
- Kelly Seyarto
Legislator
Right. It, it just seems this—I think the, the issue you're talking about is addressed in several different ways, and I don't know that this is the right approach. Number one, yeah, insurance needs to be addressed. We—our insurance system the way it is, is broken.
- Kelly Seyarto
Legislator
They've already done a study that shows us some options. I've yet to be consulted or talked about even though I was one of the people pushing for us to rethink how we're doing insurance in California. So, yes, we need to reform insurance so that we can build houses. Number two, whenever their development goes through any, whether it's a county, the city, whatever, it has to go through a process.
- Kelly Seyarto
Legislator
And that process includes consideration for where they are, where they're building, what kind of infrastructure is needed to support that.
- Kelly Seyarto
Legislator
And and that includes the safety element of, of the thing. So, the, the state has done, ember maps, fire ember maps that show areas that are particularly prone. And that's something that, again, the cities should be taking into consideration. I think they have to.
- Kelly Seyarto
Legislator
When a project goes in, whether it's one house or 150 homes, they're gonna have to provide the, the buffer areas, to protect those homes better, that will ultimately give them insurance. The ability to reduce the risk enough to create insurance. Yeah. But they don't know what that is if, if you're doing this way in front because insurance is gonna look at the, not the project, because you're doing this ahead of time.
- Benjamin Allen
Legislator
We need to be doing it every stage of the planning process. And I do think that in the, in the long run, and that, you know, as you, you mentioned in the report, I, I think there's a lot of work that's gonna have to happen, both at the Legislature and the Department of Insurance as well.
- Benjamin Allen
Legislator
We've gotta pursue a strategy that engages the insurance industry on the front end as well, with cities, and I've actually got a bill on this topic, to create collaboratives on this, that that's gonna be really focused on making sure that, that we're that we're planning in a way that, that, that addresses the risk reduction needs, not just from a fire safety standard, but also from an insurance standard.
- Kelly Seyarto
Legislator
So, when you're looking, when you're talking about insurance, you're talking about a business product. Right? And, and you can't force a business to give a product.
- Kelly Seyarto
Legislator
And you can't force them to keep a product. And so, the, the fallback to that is you have to create the environment where it's okay for them to have a product.
- Kelly Seyarto
Legislator
Because if we do, if we don't do that and, and that's all—that's addressed in the building procedure or the, the planning and the Planning Department of the city.
- Kelly Seyarto
Legislator
And, and, and so, I, I just, I, I get what your concept is. I don't think that the approach, especially given these current state of our insurance, I don't think, I, I don't think the insurance companies can make that kind of a commitment to any project.
- Benjamin Allen
Legislator
And we're not asking for them to make a direct commitment in the bill. We're, we're asking the cities to incorporate and consider insurance availability as they're thinking about planning so that they're engaging in the conversations at the front end with no, and the—but the bill does not require direct commitments or mandates.
- Kelly Seyarto
Legislator
I, I would think that'd be the something that the person that's going to build, that's going to risk all their money to build, is doing, before they even think about building anything is, is there insurance available in this area? If there isn't, we're not going. And there's no guarantee that once they're done, that insurance company that they've gotten the insurance from, it's still gonna—they may decide, you know what, we've changed our mind, we're not doing that area anymore.
- Kelly Seyarto
Legislator
So, it's a—I think it's, it's a risk that the builder or the, the developer is taking to even consider doing something in that area.
- Kelly Seyarto
Legislator
And I don't think it can be alleviated by a community going through a process like this.
- Benjamin Allen
Legislator
But my point is, it's not just a risk that the developer is taking. It's a risk the community is taking. Because at the end of the day, the fire risk associated with new construction that's not built to the highest fire safety standards actually puts the entire community at risk, both financially and physically.
- Kelly Seyarto
Legislator
But they have to build to the highest fire standards already because that's what the code, the new code.
- Benjamin Allen
Legislator
No, there are higher standards that are—that go beyond where the codes are. So, if you go down to Escondido, I think, you know, not too far from where you are, there's a whole community that's been built to the IBHS standards and you know, that, that go beyond the code, in the very high fire zone, fully insured, because they're so serious about, about risk reduction in this area.
- Benjamin Allen
Legislator
No. It's fine. I mean, listen, I, I, I, I don't think we disagree.
- Steven Choi
Legislator
I would like to have some clarification. Your bill says to require cities and the counties beginning 2028 to incorporate information regarding the availability of insurance for existing and planned development areas, especially in high fire hazard zones. So, existing homes already have initial home issuances, most of them, right? But why, existing homes, you'll have to require—no, this is a requiring for the cities to incorporate the information.
- Steven Choi
Legislator
So, I'm not sure what this bill will do, just asking the cities to incorporate that information. Okay. My, my village in the city of Irvine, we, we have a village concept though. The southern village is something—40 different villages.
- Steven Choi
Legislator
This village is a higher fire risk zone, so, therefore, insurance would not be available. My home is very nearby the low mountain and the brush areas, and some companies refuse to write insurance, but I acquired my insurance. So, existing homes do have insurance already, but why this new bill is including that existing homes as well, as well as the new project. New project, it does make sense.
- Steven Choi
Legislator
However, if you ask local governments, the cities and the counties, to consider, to make it incorporate that kind of information, does that mean that the city has the authority to refuse the new project, if that particular area is a too high fire risk zone and insurance may not be available?
- Steven Choi
Legislator
And who's gonna do the work of finding—serving the insurance companies, say, hey, we're gonna build this multi-unit homes in this particular area. Will you ensure if the home is built? Who's gonna do that work? City or, or developer?
- Benjamin Allen
Legislator
I think both need to do the work because because, you know, unfortunately, unfortunately, Senator, a lot of, you, you would think—one of the one of the real wake up calls that we got in our community when, when our community burned was how few people had had full proper insurance, how under insured so many people—how uninsured so many people were, including in, in an existing community with lots and lot existing homes. So, that's one problem.
- Benjamin Allen
Legislator
At the end of the day, what we're asking communities to do with this bill is simply make sure that we're considering the insurance implications as they're engaging in planning and, and safety and risk mitigation. That, that that insurance availability has become a major, broad-based challenge for us financially and infrastructurally. And so, I, I do, I mean, I think both the developers and the homeowners, and the cities, need to be thinking about it.
- Benjamin Allen
Legislator
And, and, you know, again, the bill's pretty narrow from where we'd originally proposed. We're just asking for consideration of insurance issues as, as they're thinking about planning, just in the way we ask for them to think about ingress and ingress and safety issues and a whole slew of different factors that need to be brought into the planning process.
- Steven Choi
Legislator
So, your bill simply requires cities and counties to insurance availability information available.
- Benjamin Allen
Legislator
No, it would not. I will say that I think, as a matter of public policy, we should not be greenlighting, you know, significant new construction in the very high fire zones that are not insurable, because, you know, to, to the extent that they're not being built to, since fire safety standards is where the insurance industry feels comfortable insuring the areas, and I just think that we need to get smarter about this issue. That's why I'm wading into this issue.
- Benjamin Allen
Legislator
But this bill is pretty modest. I mean, it, it basically talks about information and consideration.
- Steven Choi
Legislator
Burden in the insurance availability survey is responsibility of the city. How many, how many insurance companies do they have to call and find out whether they will insure or not?
- Benjamin Allen
Legislator
We don't delineate a, kind of a—we're not, we're not too prescriptive.
- Benjamin Allen
Legislator
We just want them to incorporate insurance-related issues into their planning, because what we're finding, Senator, is that insurance availability is becoming you know, this is happening in all of our districts, you know, because we're we all have fire zones, where insurance availability is really starting to become a, a, a real kind of planning problem, and yet our, you know, our code that focuses on safety and other factors, is just not up to date enough.
- Benjamin Allen
Legislator
We're seeing so many people getting dropped. We're seeing so many people getting pushed onto the Fair Plan. We're all now having to bail out the Fair Plan collectively, and that's becoming a, a kind of systemic problem. You know, I'm, I'm not trying to claim that this bill is gonna solve that problem, but I do think it's a, it's a, it's a step in the right direction of asking everybody involved in planning to start considering these factors as we're thinking about the way we grow.
- Steven Choi
Legislator
Yeah. Fair Plan is—Fail Plan is not the answer. I know it is not the answer. However, that is a last resort when no commercial insurance company will take off.
- Steven Choi
Legislator
I, I, I know. So, eventually, one form of another, good, a good insurance plan, or not so good plan, eventually, people will find some ways to find the insurance covered. But I, I, I know making that insurance available for new homes, that's, I think, a very big concern for home builders and the buyers. However, given that the city—burden on the city—I'm not sure whether—how much time they will have to spend to do this job and whether state will reimburse.
- Steven Choi
Legislator
Usually, our bills don't reimburse any expenses incurred on a local basis, so I'm not sure about this bill.
- María Elena Durazo
Legislator
It's, it's my understanding, the author, is that the Office of Climate and Innovation is the source that will be tapped
- María Elena Durazo
Legislator
Because they already prepare technical advice on fire hazard planning. They already—they already prepare that. So, it's a state, state agency, and they will provide that information to the local government. So, it's not up to local government to just kindly look around and see where is this from.
- María Elena Durazo
Legislator
There's a state agency that does that kind of planning on fire hazard and will be available for local government.
- Steven Choi
Legislator
Yeah. I, I, I, I know fire department will, will assess the low-risk, regular area or high-risk fire zones, but that doesn't mean they will also survey whether insurance company will insure that property or not. They don't touch upon insurance as far as I know.
- María Elena Durazo
Legislator
But I was referring to the Office of Climate and Innovation, not the fire agencies.
- Benjamin Allen
Legislator
Yeah. The, these local governments are going through this planning process anyway. What the bill—that bill tasks the, the state to provide information to the cities to assist them in incorporating insurance availability factors into their planning process.
- María Elena Durazo
Legislator
Thank you. Okay. Any more questions or comments? Wrap up?
- Benjamin Allen
Legislator
No. I appreciate the discussion. I mean, I, you know, look, we're, we're, we're all grappling with, with this massive problem with regards to insurance availability, and of course, it's all it is wrapped up to some extent in the way we build and making sure that our communities are more are more hardened. But there's no requirement that the cities have to call insurers. This is about making sure that the state is providing and working with the cities to incorporate insurance availability to the planning.
- Benjamin Allen
Legislator
It's a very modest bill, quite frankly, but I, I think it's a, it's a, it's a modest but important step in the right direction. That's, that's...
- María Elena Durazo
Legislator
Alright. Thank you very much. And we'll ask the assistant. Oh. Oh.
- María Elena Durazo
Legislator
Thank you very much. Appreciate that. Thank you. We have a motion by Senator Seyarto.
- María Elena Durazo
Legislator
Morning, Senator Caballero. We have SB1116. Okay. Good morning. You may proceed.
- Anna Caballero
Legislator
Thank you very much, Madam Chair. I'm pleased to present SB1116, which is a follow-up to a bill I did last year, actually a couple years ago. It's the starter home revitalization act, which creates a streamlined ministerial pathway to build small scale housing projects up to 10 units on infill sites.
- Anna Caballero
Legislator
This really is one of the areas that I've spent some time and energy on because we have a lot of infill sites and the ability to actually build smaller units on those sites becomes really critically important. And the ability to do it in a streamlined ministerial way will make them more inexpensive as well or cheaper to build.
- Anna Caballero
Legislator
First, I'd like to thank the Chair and the Committee staff for their time working on this issue and I will accept the Committee amendments to address comment 2 of the analysis which will ensure local government standards are retained while providing greater flexibility to meet the required density in the bill. And I look forward to continued partnership with the committee if the bill moves forward today. Since SB684 enactment, we've seen strong interest but also clear implementation challenges that are limiting its full potential.
- Anna Caballero
Legislator
And the challenges come from cities that just don't like it and they don't wanna build, so we wanna have clarity about exactly how it operates. SB1116 reflects 2 years of real world data and feedback from local governments, planners, builders and housing advocates.
- Anna Caballero
Legislator
So we know that California continues to face a severe housing shortage, particularly for entry level homeownership opportunities. While SB684 created the framework, differences in how the law was interpreted has created implementation challenges. What SB1116 does is make several important changes. 1, it clarifies development standards such as height, setback, and density to prevent local rules from reducing allowable housing. It reinforced 2, it reinforces ministerial approval and clear timelines to provide certainty for the applicants.
- Anna Caballero
Legislator
3, it strengthens state oversight and accountability for local compliance. 4, it updates the subdivision standards to allow for more flexibility for small small development. 5, it addresses private restrictions including HOA and deed provisions that can block housing. And finally, it improves reporting to better track outcomes and production. Taken together, these changes are designed to remove barriers, provide clarity, and ensure the law produces the housing it was intended to deliver.
- Anna Caballero
Legislator
SB1116 ensures that the promise of SB684 is fully realized. It removes barriers, provides clarity, strengthens accountability so we can deliver small scale homeownership opportunities across California. With me today to testify and support and help answer any questions is Mac Doubler on behalf of California YIMBY and Donovan Adesaro on behalf of Bill De Casa.
- Donovan Adesoro
Person
Sure. Chair and Members, thank you. My name is Donovan Adecciro. I'm head of development at Build Casa. I'm a small mission driven infill developer building starter homes across California.
- Donovan Adesoro
Person
I'm here to ask for your support for SB1116. First, the good news. SB684 and 1123 are making a real impact. We recently secured the first SB684 approval in San Diego, and that project is on track to be completed, later this year and is likely gonna be the first SB684 project completed in the state. Those units will be a sale price of 650,000, which is actually 40% below, the median single family price for San Diego.
- Donovan Adesoro
Person
Also, we have the first six eighty four application in Richmond, and we're actively working with clients throughout Los Angeles and Orange County. The Start of Home Revitalization Act is doing what the legislature designed it to do, and the data is clear. Allowing smaller lot smaller lots directly reduces housing prices and expands access to homeownership. Despite this progress, we've had to walk away from multiple projects, for the reasons that SB1116 will fix if passed. First, the deed restrictions.
- Donovan Adesoro
Person
These covenants were written 80, 100, 120 years ago in a completely different era of housing policy. Many of them contain racial covenants that wouldn't have allowed someone like me to even own a home in the first place. They also contain provisions like a 10,000 square foot minimum lot size that make a modern starter home subdivision mathematically impossible. The legislature said these projects can be built, and yet century old private restrictions are saying they can't. 1116 resolves that while preserving reasonable HOA protections.
- Donovan Adesoro
Person
Second, the minimum density. Current law forces us to hit two thirds of a site's maximum zone density even when the math does not pencil on a small irregular infill lot. That single requirement has killed otherwise viable projects, and SP eleven sixteen replaces it with a sensible ceiling instead of an impossible four. For a small developer, certainty is key. When we can underwrite the project with confidence, the projects will move forward.
- Donovan Adesoro
Person
1116 is the tune up to start a home revitalization act needs, and I respectfully ask for your aye vote. Thank you.
- Max Dubler
Person
Yes. Hello. Good morning, Chair Members of the Committee. My name is Max Dubler. I'm a licensed planner and policy analyst at California YNB.
- Max Dubler
Person
So California has one of the lowest homeownership rates in the country at about 55%. We're 10 points behind the national average And the legislature took a major step towards fixing this with SB684, then expanded that with SB1123. However, challenges still remain, and SB1116 addresses the remaining barriers to these projects that we can get homeownership, more attainable for more Californians.
- Max Dubler
Person
And it does so by overriding outdated deed restrictions while preserving HOA communities' ability to control development in their borders, replacing complex and often unworkable minimum densities with a clear threshold, adding basic reporting and state oversight requirements, creating a shot clock for final maps, and, oh sorry, simplifying and standardizing some zoning, and clarifying the definition of vacant homes.
- Max Dubler
Person
We believe that these challenge these changes will unlock less expensive new homes for ownership throughout the state, expanding access to the California dream and giving families the opportunity to build generational wealth.
- María Elena Durazo
Legislator
Thank you. Alright. We're gonna move on to those who support SB1116 with Me Too's, your name and organization, please.
- Sosan Madanat
Person
Good morning, Chair and Members of the Committee. Sosan Madanat at W Strategies here on behalf of a number of organizations in support. The East Bay Leadership Council, North Bay Leadership Council, Visionary Home Builders, Montebello Housing Development Corporation, Neighborhood Partnership Housing Services, Unidos US as a cosponsor, and Power California Action in strong support. Thank you.
- Shant Apekian
Person
Good morning. Sean Tepekian on behalf of Elevate California in support.
- Robert Naylor
Person
Thank you. Bob Naylor on behalf of Fieldstead. That's Howard Amundson Junior in support.
- Raymond Contreras
Person
Good morning, madam Chair and Members. Raymond Contreras with Lighthouse Public Affairs. On behalf of Abundant Housing Los Angeles is a proud cosponsor, Circulate Planning and Policy, and Spur in strong support. Thank you.
- Kate Rodgers
Person
Good morning, Chair Members. Kate Rogers on behalf of the Student Homes Coalition, strong support. Thank you.
- Sylvia Aguilar
Person
Good morning. Sylvia Aguilar, proud Bill Cosponsor with Casita Coalition and strong support. Thank you.
- María Elena Durazo
Legislator
Thank you very much. Anyone here in opposition to SB1116? No one in opposition? Okay. Okay.
- María Elena Durazo
Legislator
Great. Questions or comments from the dais? Senator Sayarto?
- Kelly Seyarto
Legislator
Design standards, are they out the window with this rule? No. So you still have to comply with design standards for a community. They're not ministerial.
- Max Dubler
Person
So it allows local governments to apply design standards as long as they allow for the designated floor area.
- Kelly Seyarto
Legislator
Okay. Common interest development, so you're talking about gated communities or HOAs?
- Max Dubler
Person
Yes. So the goal here was to thread the needle between, like, dealing with these old deed restrictions that are, like, maybe 80 or a 100 years old, but letting HOA communities where people have actively decided to opt into this thing to, like, continue to have control over development in their neighborhoods. So it deals with deed restrictions, but not HOA communities. Does that make sense?
- María Elena Durazo
Legislator
Any new cost no? Motion is made by Senator Choi. I have no comments. I'll be glad to support you today. Oh, closing. Sorry.
- Anna Caballero
Legislator
Thank you very much. I appreciate the questions and the comments. I had an opportunity to go to the city of Campbell in Santa Clara County and to see the first the groundbreaking for the first project. And it's exciting to see that this really can make a difference in the ability to get these projects off the ground. They're small.
- Anna Caballero
Legislator
They're 10 units or less. But that's 10 families that are going to be able to afford to buy a house when the when the project's finished and it's gonna look really great. So I respectfully ask for your aye vote. Great.
- Sabrina Cervantes
Legislator
The motion is do passed as amended to the committee on appropriations. Senators deRazzo? Aye. DeRazzo, aye. Choi?
- Sabrina Cervantes
Legislator
Aye. Choi, aye. Arreguin? Ashby, Cervantes, Laird, Sayardo? 2-0.
- María Elena Durazo
Legislator
The vote is 2-0. Remain on the call. Thank you so much. K. We'll move on now to item six, which is SB1171.
- Anna Caballero
Legislator
Thank you, Madam chair, for the opportunity to present SB 1171. I wanna begin by accepting the committee's amendments, and thank you and your staff for the thoughtful consideration of this bill. SB 1171 would make any private entity that contracts with the US Immigration and Customs Enforcement, colloquially known as ICE, ineligible to receive a state funded loan or grant.
- Anna Caballero
Legislator
Since 06/06/2025, ICE has conducted military style immigration raids, arrest, and harassment at California worksites, homes, and public spaces, and we've all seen it.
- Anna Caballero
Legislator
We've seen, the media reports and the videos. Media reports and civil rights complaints followed ICE's increased enforcement presence, and they documented instances of excessive use of force, unlawful detention, racial profiling, mistaken detention, and assault. The indiscriminate, brutal, and unconstitutional nature of the immigration rates have wrecked havoc in California. The Federal Government's refusal to host hold ICE accountable has emboldened them to act without fear of consequences, and the enforcement tactics disregard California's commitment to public safety and respect for public order.
- Anna Caballero
Legislator
While California cannot stop ICE from conducting the raids in our state, we do have the ability to decide how best to spend our state tax dollars.
- Anna Caballero
Legislator
As such, California has an obligation to ensure its resources are used to protect the residents of the state, and that means ensuring that ICE does not benefit from state funding either directly or indirectly. SB 1171 is very simple. It makes any private entity that contracts with ICE ineligible for state funded grants and loans.
- Anna Caballero
Legislator
Before I introduce my witness, I'd like to thank the California Chamber for their engagement on this bill, and I'm committed to working with them on amendments that will ensure detainees receive all appropriate resources and care while in custody. With me to testify today is Hector Pereyra, Political Manager at the Inland Coalition for Immigrant Justice.
- Hector Pereyra
Person
Morning, Chair and members. My name is Hector Pereyra, Political Manager, Inland Coalition for Immigrant Justice. A regional coalition of over 40 organizations serving immigrant communities across San Bernardino and Riverside Counties. In addition to our policy advocacy and legal services, we manage a rapid response hotline for our region, and anchor the shutdown Adelanto Coalition, which fights for the closure of the Adelanto ICE processing center in San Bernardino County.
- Hector Pereyra
Person
Through this work, we have extensive experience with private for profit detention, and have studied the grave negative impacts that that they have on the people detained and the local communities.
- Hector Pereyra
Person
These facilities are notorious for inhumane conditions and systemic human rights violations. Since the beginning of this administration, dozens of people have died in ICE detention nationwide, including multiple deaths in California. In 2025 alone, at least thirty one people died in ICE custody, the highest number in two decades, and deaths continue to rise in 2026. Just last month, we had another death at the Adelanto Ice Processing Center. And to be clear, these deaths are the results of purposeful and systemic medical neglect.
- Hector Pereyra
Person
ICE's deadly facilities also have significant negative impacts on local communities. They burden local water and sewage systems leading to harmful pollution and local waterways, which is a significant problem, for example, in the City of Adelanto. They divert critical resources such as water and electricity away from local communities, and they cut off revenue and economic opportunities for those communities, and they cut off revenue and economic opportunities for those communities.
- Hector Pereyra
Person
Other corporations are unlikely to invest, when there are ICE facilities, because these communities become overburdened by private attention, and it's unappealing for industry. This cripples local economies making them reliance on industries that harm them.
- Hector Pereyra
Person
This is especially problematic considering many of these communities are majority minority, working class communities that are already negatively impacted by harmful industries. California must take a strong sense and protect our communities against ICE abuses and exploitation. They must send a clear message that none of our resources will be used to partner with this administration's agenda of cruelty.
- Hector Pereyra
Person
No entity who benefits from the dehumanization of immigrants should be eligible for any state funds, especially when those funds are sustained in large part by the contributions of the very immigrants that they dehumanize. For these reasons, I respectfully ask for your aye vote, and I'm happy to answer any questions.
- María Elena Durazo
Legislator
Thank you very much. Is there anyone else who is here to support SB 1171? Seeing none. Is there anyone in opposition to SB 1171?
- María Elena Durazo
Legislator
No? Seeing none? Okay. Any questions or comments from the dais? Senator Seyarto?
- Kelly Seyarto
Legislator
Do we have a list of these entities that are getting state funding currently that would not get state funding after this bill passes?
- Kelly Seyarto
Legislator
Is there anybody getting state funding right now that is would be affected by this?
- Anna Caballero
Legislator
Well, that's the point. That's the point is that, if in fact there are is anybody and what the chamber brought up were really valid issues and that's one of the reasons we're working with them is they're concerned with contracts for medical services, contracts for food services, those kinds of things and we don't wanna impact those. We wanna make sure they're living up to whatever contract they have.
- Kelly Seyarto
Legislator
And we don't wanna impact the the chain of businesses that go down the row that can be tied to this and then get defunded when they're doing work out in the community also to provide food or to provide other stuff.
- Anna Caballero
Legislator
We we wanna make sure that the care that's provided in the centers is the best care possible. So we're not talking about those kinds of entities. We're talking about relationships and partnerships that go it's hedge funds that come in and make money off of these detention centers and then have a lot of other businesses for which they could be applying for the state resources to to either through grants or loans to be able to expand their business.
- Kelly Seyarto
Legislator
I'm a little concerned with the tentacles that we are unaware of the collateral damage that gets done with this. And you know, for me, I think there's other ways of us to extend our message for those that want to extend that message. I think it's been extended already that we have grave concerns. And I just think these efforts are are not helpful. And I think there's collateral damage that gets done that we may not even be aware of.
- Steven Choi
Legislator
Thank you. I wanna also register my opposition with some reasons. I understand the intent of this bill. Obviously, you are opposing the ICE law enforcement activities in our state and try to discourage by this bill prohibiting any private companies doing the service to ICE with the contract will have no state grant or loan programs in the future. So this impact on this particular bill will trigger series of problems.
- Steven Choi
Legislator
Do you think passage of this bill will stop the ICE activities or law enforcement against the illegal aliens in our state, which I understand still over 2,000,000, if that's to my data that I have, is over 2,000,000 illegal aliens, and ICE is trying to conduct their job. And by making their lives so difficult by prohibiting private companies to supply necessary things.
- Steven Choi
Legislator
So in your comment, I was not sure this is to exclude some essential items like food and water or even food suppliers, water suppliers or electricity supplies, all fall into this category. This is welfare. I mean, you mentioned the support witness, you mentioned that this is inhumane treatment.
- Steven Choi
Legislator
I think this kind of bill will create more inhumane treatment with those kind of lack of basic services support from private companies. ICE may run into difficulty providing necessary things, like even medical service if necessary. And their activities, according to their plan federal plan, their act law enforcement activities will continue as far as I know.
- Steven Choi
Legislator
Even even nearby state, all those states with no this kind of so they may have a temporary, and they may drum up the illegal aliens here and ship them temporarily to other state. And that will cause dry up our local business revenue potential by providing the services to these groups by contracting with your private companies.
- Steven Choi
Legislator
So you are make creating this bill will create a more negative impact even upon the illegal aliens who might have been drummed up by them, by the ICE and housed in another facility, even they they can they can find a space, and even they can have a temporary, even worse shelter, like a tent. So you can think about the consequences, blocking and making them making their job difficult. But by doing so, who's benefiting?
- Steven Choi
Legislator
Who's gonna have more difficulty and will end up with the more difficult situations in inhumane conditions? Have you thought about that?
- Anna Caballero
Legislator
So Senator, let me just see if I can answer it this way because you've got about 50 questions in there. And we could have a debate, a long debate for a long time. This bill is very simple. Number one, we're talking about the Federal Government and abusive behavior that is unchecked. You will call people illegal aliens.
- Anna Caballero
Legislator
Quite frankly, I'm offended by it, but that's okay. We all get offended by different things in this legislature. These are individuals that have been detained on a civil matter that are not accused of a crime and that maybe US citizens, maybe have given permit permission to be here but indiscriminately are picked up and detained. The only thing this bill says is California has values. And our values are that we're going to treat everybody with respect.
- Anna Caballero
Legislator
And that if you're going to be detained in an illegal manner and in a manner that violates the civil rights of people that are here in our state, then we're not going to use state funds to allow the relationships that that different companies have with ICE to metastasize and get bigger because we don't agree with the tactics and we don't agree with the way that ICE has been doing their business.
- Anna Caballero
Legislator
There's no reason for the state to do loans or grants to companies that are in cahoots and are making money off a system that is really hurting residents in the state of California. Now you can disagree with that, and I respect that.
- Anna Caballero
Legislator
You're entitled to to that opinion. But it was brought to our attention with a modicum of of of good intentions that there are contracts to help take care of the people that are detained.
- Anna Caballero
Legislator
And we don't want to impact those contracts because we want people to be able to get, good, healthy contract with the state somewhere, and we don't want to impact that. But if you're making money off of these detention facilities, we just don't want to be using state funds to allow you to make more money. That's simply what what the bill does. We've got other bills that deal with other issues relating to conduct inside the facility. This one doesn't deal with conduct.
- Anna Caballero
Legislator
This just has to do with with not using state resources to do those kind of grants, grant opportunities. And it it's it's our intention that in the future, that that'll be one of the questions on the grant applications there. But it doesn't say that here. It just we're we're just this is just the the broad policy.
- Hector Pereyra
Person
Yeah. May I ask Senator? The bill is about state eligibility. Nothing in the bill cuts off the existing services infrastructure, that detention centers are gonna continue to maintain.
- Hector Pereyra
Person
Congress appropriated $45,000,000,000 just for immigrant detention, so I think they're okay. Those services, as inadequate as they are currently, will continue to be administered in these detention centers. This is just about state eligibility.
- Steven Choi
Legislator
Yeah. Earlier Senator, couple of years' statement of ICE mistreating the detainees and U. S. Citizens even drum up. I think that's a totally different issue.
- Steven Choi
Legislator
I support what you are saying that there has to be humanely and U. S. Citizens should be protected. And I'm sure they make mistakes, and we have seen it. And that sure they make mistakes, and we have seen it.
- Steven Choi
Legislator
And those issues are separate things and should be addressed to the Federal Government, Homeland Security Department. However, this particular bill is any private company in California providing any services by contracting will be penalized. But by doing so, what I'm worried about is that what you are worrying about, even further inhumane treatments that they will be receiving because of a lack of services that the ICE will be necessary to receive from the private private companies.
- Steven Choi
Legislator
That's why there'll be even negative impact upon those detainees. So I don't think this is a right approach.
- María Elena Durazo
Legislator
Thank you. I think you have more than adequately answered the questions, and I appreciate all the work that you're doing around this. I just wanna remind us that this is with regards to contracts that are signed after July 2027. That's what we're talking about here.
- María Elena Durazo
Legislator
Contracts after 07/01/2027. So I appreciate the what you're doing, how you're doing it. We have to send a stronger message that this kind of treatment is unacceptable in the state of California. With that, I could you wrap up? I'll adopt that as my closing.
- Committee Secretary
Person
The motion is do passed as amended to the committee on appropriation. Senators Durazo?
- Steven Choi
Legislator
Senator Durazo, item number 14, SB 1085. And you're ready. Go ahead, though.
- María Elena Durazo
Legislator
Alright. Yeah. Great. Thank you, colleagues, mister chair and, members. I wanna start by saying that I accept the committee amendments, and I thank Senator I wanted to thank our staff, Anton, for his diligent work.
- María Elena Durazo
Legislator
Since 2001, California's quote unquote show me the water laws have established a mechanism to help local governments understand whether large scale developments have a reliable water supply. These assessments look at whether a development project has been accounted for in long term water supply planning, and if not, whether sufficient supply exists to serve the project alongside existing and future uses over a twenty year period.
- María Elena Durazo
Legislator
Water supply assessments or WSAs apply to projects meeting certain requirements, including residential dwellings over 500 units or a nonresidential project that demands a similar or greater amount of water. WSAs give local governments, developers, and water agencies the information they need to align growth with water supply. That kind of upfront clarity helps ensure that new housing and other developments are able to operate as intended.
- María Elena Durazo
Legislator
Because WSAs have been a consistent part of California's planning framework, communities have largely been able to rely on the expectation that growth would be supported by real, available water supplies. That was not always the case. Prior to these requirements, reliance on quote unquote paper water contributed to serious consequences in some regions, for example, in the Central Valley, where communities experience shortages so severe that residents had to rely on bottled water for basic needs.
- María Elena Durazo
Legislator
A WSA is triggered when a city or county determines that a large scale development is subject to CEQA. In recent years, as the state has streamlined housing and exempted some types of development from CEQA, some large scale projects are now able to be permitted without analysis of the efficiency of their water supply.
- María Elena Durazo
Legislator
SB 1085 ensures that as we continue to build much needed housing and other development projects, local decision makers have the critical information regardless of whether CEQA applies. This process is not drawn out. Amendments have been made to the bill to shorten the process more than it has ever been.
- María Elena Durazo
Legislator
For an SB 35, AB 2011, or AB 130 project, the bill also shortens the frame time frame for forty five days for the water system to complete the analysis and submit it to city or county with increasing variability in water conditions, including snowpack declining snowpack and potential drought scenarios, making sure California's growth is supported with reliable water is more important than ever. At its core, the bill is about making sure water supply planning and land use planning continue to be linked together.
- María Elena Durazo
Legislator
With me as my our with our star witness is Debbie Michael, the sponsor of, East Bay Municipal Utility District.
- Debbie Michael
Person
No pressure. Mister chair and members, my name is Debbie Michael. I'm a legislative representative for the East Bay Municipal Utility District or EB Mudd. We're the sponsor of SB 1085, and we are grateful to Senator Durazo for authoring this important statewide measure on water supply assessments. I also wanna acknowledge the senator's personal staff and committee staff for their time and expertise.
- Debbie Michael
Person
E. D. Mudd sponsored legislation dealing with water supply planning, including the 1983 bill, which put into place the requirement for urban water management plans, which are the long term plans for water supply. There were multiple efforts in the nineteen nineties to link water supply planning and land use planning, including SB 901, Costa in 1995, which was sort of the predecessor to the water supply assessment statute.
- Debbie Michael
Person
This was at a time when paper water was common, and some cities and counties were approving projects without ensuring there was an adequate water supply to serve the projects during wet and dry years.
- Debbie Michael
Person
In 2001, there were two important bills that furthered the link between local government land use planning and water supply planning known as the Show Me the Water bills. E. B. Mudd was involved in both of those bills, SB 610 and SB 221. One of those bills is why we're here today, SB 610, and the water supply assessment process.
- Debbie Michael
Person
The water supply assessment process focuses on identifying the water supply needed for a large scale development. In this case, for the housing context, we're talking over 500 residential dwelling units or the equivalent for other types of projects. Once the assessment is completed, it goes to the city or county to help inform their land use decisions on the project.
- Debbie Michael
Person
Early coordination with project developers through the water supply assessment or WSA process ensures that the water supplier can highlight the infrastructure improvements that may be necessary, any conservation measures in place, groundwater basin information, and availability of groundwater, if that's what is needed to serve the project, and whether recycled water is available to serve certain projects. Without the WSA, those discussions happen further along in the development process.
- Debbie Michael
Person
SB 1085 allows this process to continue even if the large scale development isn't subject to CEQA. Recent CEQA exemptions have called into question whether a WSA is still required because the trigger for a WSA is whether a city or county determines that a large scale development project is subject to CEQA. SB 1085 essentially modernizes the water supply assessment process. This policy has important statewide implications, especially in light of the impacts of climate change and future on water supply. E.
- Steven Choi
Legislator
Any other witnesses? Otherwise, from the public, me too, support people can line up on the microphone and state your name and agency and the support.
- Keith Dunn
Person
Thank you, members, and thank the author for bringing this forward. Keith Dunn, on behalf of the State Building Construction Trades Council. Since you don't have another principle, I will take a moment just to say that the building trade supports growth building and infrastructure, but that includes proper planning.
- Keith Dunn
Person
This is a step to make sure that we have the infrastructure required to provide that additional planning so that we do ultimately save money and do get to provide not only our water infrastructure, but also housing and transportation needs that our state is desperately in need of. So for that, we thank the author.
- Matt Broad
Person
Mister vice chair and members, Matt Broad here on behalf of Unite Here International Union in support. Thank you.
- Anthony Townehill
Person
Mister chair and members, Anthony Townehill with California Special Districts Association in support.
- Matt Broad
Person
Mister chair and members, Anthony Mulling on behalf of Rancho California Water District in support. Thank you.
- Unidentified Speaker
Person
Jack Werson on behalf of the Santa Clara Valley Water District and the Alevenheim Municipal Water District in support.
- Unidentified Speaker
Person
Mister chairman, Dennis O'Connor with the Mono Lake Committee, also registering support for California Coastkeeper Alliance.
- Unidentified Speaker
Person
Brian Sanders of the City of Sacramento in support and also on behalf of my colleague Ryan Ojakian with the Regional Water Authority, also in support. Thank you.
- María Elena Durazo
Legislator
Good morning, mister chair and members. Andrea Avergel with the California Municipal Utilities Association in support.
- Kylie Wright
Person
Good morning. Kylie Wright with the Association of California Water Agencies in strong support. Thank you.
- Mark Neuberger
Person
Good morning. Mark Neuberger on behalf of the California State Association of Counties in support.
- Unidentified Speaker
Person
Good morning, Kyle Jones on behalf of the San Joaquin Valley Water Collaborative Action Program, Community Alliance with Family Farmers, Clean Water Action, Defenders of Wildlife, and Golden State Salmon Association support. Thank you.
- Unidentified Speaker
Person
Good morning. Jamie Go on behalf of Irvine Ranch Water District in support. Thank you.
- Unidentified Speaker
Person
Good morning again. Matthew Baker with Planning and Conservation League in strong support. Thank you.
- Steven Choi
Legislator
You can come to the table if you're not, yeah, making your points.
- Ben Turner
Person
Members? I'm Ben Turner with the with Axiom Advisors on behalf of the California Building Industry Association. I just wanna say that we are not opposed to water supply assessments. We are opposed to having them be part of the permitting process. So this bill would make them a mandatory part of the permitting process.
- Ben Turner
Person
We would like to separate that. So again, we appreciate the time the author's office has spent working with us on this bill, but we have yet to reach an agreement, and CBI remains opposed. This bill will reimpose a former CEQA requirement onto housing projects the legislature explicitly exempted from CEQA. CBI's core concern is litigation risk. The bill makes the WSA a mandatory statutory step.
- Ben Turner
Person
The lead agency shall request it and the water system shall submit it, but the bill is silent on what the city is supposed to do with the WSA once it arrives. For projects going through CEQA, the answer was clear. The WSA fed into the EIR and the lead agency evaluated it. For CEQA exempt projects, there is no EIR, no findings, no administrative record, and the WSA arrives at the city with no statutory instruction for what happens next. That silence is an invitation for litigation.
- Ben Turner
Person
Opponents will not sue the water agency, they will sue the city arguing the project approval was invalid because the WSA was missing, flawed, or ignored. The recent amendments declaring the WSA informational and not a final agency actions do not fix this. The litigation theory is not that the WSA is a final agency action, it's that the city failed a mandatory procedural duty. Nothing in this amendment forecloses an ordinary writ of mandamus on that basis. This is also not a situation where there are no safeguards.
- Ben Turner
Person
Water agencies already prepared 20 urban water management plans and the subdivision map act requires a binding water supply analysis, but legally binding. We've proposed a simple fix, replace the mandatory WSA with a notification to the water agency. The water agency still gets every piece of information it needs for planning, but the WSA would have no bearing on the housing approval for sequel exempt projects.
- Ben Turner
Person
CBI, believes that meets the stated intent of the bill without creating a new litigation tool against housing, and we respectfully ask, for your no vote at this point. Thank you.
- Unidentified Speaker
Person
Chair members of the committee, Jordan Panetta Carvajara on behalf of California YIMBY. We're in oppose unless amended, and we look forward to further conversation to elevate unnecessary litigation on from the bill. Thank you so much.
- Steven Choi
Legislator
Any other opposition? Okay. Then we're bringing it back to to our tires. Any questions? Yes.
- Jesse Arreguin
Legislator
Thank you, mister vice chair. I wanna thank the committee for the amendments. I I read CBA's letter. I had a lot of the concerns that they had. We've done so much work over the past few years to streamline the process of building homes in California, including most recently historic, reforms to exempt, most infill housing projects from CEQA review.
- Jesse Arreguin
Legislator
And I was worried about how this this is, I think, an important process that needs to inform land use decision making and land use planning. And I note that a lot of these is also have to be considered the process of developing a general plan. But I was concerned about how this would impact ministerial approval, and I appreciate the committee's amendments to to clarify that this would not impact that or impact, you know, the the CEQA exemption process.
- Jesse Arreguin
Legislator
You know, the issue as to whether a WSA could present a litigation pathway is it's an open question. Although, I do think the amendment in section ten nine one four subsection d, same as not a final agency action, but rather an informational document is a step forward.
- Jesse Arreguin
Legislator
And I appreciate the author bringing this forward. We definitely need to do everything we can to build homes as quickly as possible. And everyone knows we're a very strong proponent for streamlining and building market rate and affordable housing. But we also have to take into consideration the infrastructure needs that our communities will need to plan for in the process of creating that housing. So I appreciate the opposition's comments.
- Jesse Arreguin
Legislator
I think these amendments are a step in the right direction, and I will move the bill at the appropriate time.
- Steven Choi
Legislator
Okay. Thank you. Any other okay. This bill is a very important any housing project will require essential services such as water and energy supplies, etcetera. And this is being done right now upon the completion of the SQL analysis, but the UOB is requiring at the time of application, this should be determined there.
- Unidentified Speaker
Person
Yeah. So the the way that the original statute worked is that it was upon a determination that CEQA applied to a project. The amendments that Senator Durazo took a few weeks back changed that to reflect sort of the the current statute in terms of history of housing developments and when an application is filed at the the city or county level, when it's deemed complete. So those amendments were taken. So it sort of changes the trigger for when a water supply assessment would would be requested.
- Steven Choi
Legislator
So same water supply assessment will be done, but will be done prior to the construction?
- Unidentified Speaker
Person
Yes. That that that's the intent is to have the water supply assessment, obviously, be done before the the city or county approval on the project so they can see what's in the assessment and then use that to
- Steven Choi
Legislator
Logically, it makes sense. And the other question I have is that your bill requires a certain large development projects to undergo WSA regardless about whether project is subject to CEQA or not. But when you say certain large development, can you define that? Did you define it what you mean? It's more than 10 homes or a 100 homes?
- Unidentified Speaker
Person
Yeah. So thank you for the question, Senator Choi. We're we're not trying to change the criteria from the original statute back in 2001. We're retaining that. So that, is in water code one zero nine one two.
- Unidentified Speaker
Person
That means a proposed residential development of more than 500 dwelling units, a proposed shopping center or business establishment, employing a certain number of persons, and then there's criteria beyond that for industrial manufacturing, mixed use, and something that a project that's equivalent to that 500 residential dwelling unit. So we're we're not proposing to touch that, but rather
- Unidentified Speaker
Person
It's very it's very the description is very specific as whether it's a residential or a shopping center or an office building, a hotel, you know, more than 500 rooms, industrial manufacturing size. So it's it's very specific in terms of defining what a large project is.
- Steven Choi
Legislator
Okay. My final question is that before this bill, any projects already developed before this bill has faced any water shortage issues when the water supply assessment was not properly done?
- Unidentified Speaker
Person
Well, actually, we've been asking for examples of on the housing front, we've been asking for examples for a while now as to where water supply assessment slowed a project down, and we have not received any examples.
- Steven Choi
Legislator
So this is only making a logical sense, predetermining the water adequacy assessment upon the application of the project. Okay. That's I think I cleared my questions. Motion to dispel. Okay.
- Unidentified Speaker
Person
The motion is do passed as amended to the committee on appropriation. Senators Durazo?
- Steven Choi
Legislator
Okay. Leave it on call. And then, what's the next one? 1371. 13. Number 16, file number 16, SB 1371 is also Chairman Durazo's bill. You can go ahead and make a presentation when you're ready.
- María Elena Durazo
Legislator
Thank you, Mr. Chair. Appreciate that. SB 1371 ensures that solid waste companies cannot use force majeure clauses to suspend service during a labor dispute in order to undermine lawful worker strikes. Solid waste collection is an essential public health service that our communities rely on every single day.
- María Elena Durazo
Legislator
Yet some companies have inserted force majeure provisions into their franchise agreements that allow them to halt service during a work stoppage tied to a labor dispute. These provisions create a lose lose situation. They weaken the workers' collective bargaining rights, and they leave local governments and residents without critical services when disruptions occur.
- María Elena Durazo
Legislator
This bill provides a clear and reasonable solution. Beginning in 2027, it prohibits waste handling contracts from including force majeure clauses that excuse or suspend a provider's obligation to perform in the event of a work stoppage arising out of a labor dispute. With me here today to support in support of the bill are Matt Broad, Teamsters California, and Marcus Ford, a Teamsters shop steward and driver.
- Matthew Broad
Person
Thank you, Mr. Chair and Members. Matt Broad here on behalf of Teamsters California, the proud sponsor of SB 1371. Just by way of background, force majeure is boilerplate contractual language that excuses contract nonperformance due to unforeseeable events, and I wanna stress this, beyond a party's control that makes obligations impossible. Think fires, natural disaster, terrorism, etcetera.
- Matthew Broad
Person
With various levels of success, waste haulers across the state have force majeure provisions in their hauling agreements that include labor disputes that they are a party to. Oftentimes, cities don't even know they've agreed to this until it's too late.
- Matthew Broad
Person
Such as with the case in Chula Vista in 2023, when during a prolonged labor dispute, Republic Services walked away from their contract with the city without having to pay liquidated damages or penalties for failure to meet their service obligations.
- Matthew Broad
Person
This creates a disparity in contractual power that actually prolongs labor disputes to the disadvantage of cities, residents, and workers. By being able to walk away from an agreement scot free, haulers have zero incentive to get back to the bargaining table knowing they can outlast striking workers without paying any penalty.
- Matthew Broad
Person
Trash piles up, communities get angry, workers get blamed, and the company sits on its hands while the rest of us get left holding the bag. SB 1371 addresses this phenomenon simply by clarifying that force majeure provisions cannot contemplate labor disputes. They can still apply to any other acts of God, just not ones that companies are active participants in.
- Matthew Broad
Person
This bill is imminently reasonable and brings legacy contracts into compliance with many hauling agreements across the state that don't have these provisions. The sky hasn't fallen in those communities, and it won't here either. With me today is Marcus Ford with Teamsters Local 396 to speak in favor of SB 1371. For these reasons, I urge your aye vote. Thank you.
- Marcus Ford
Person
Good morning, Madam Chair and Members of the Committee. My name is Marcus Ford. I'm a shop steward at Republic Services Gardena Yard and also a trustee on the executive board of Teamsters, Teamsters Local 396. I've been driving for Republic for 13 years and been a union member for over 20 years. I'm here to tell you why SB 1371 matters from the ground up.
- Marcus Ford
Person
Think about what a prolonged waste stoppage actually looks like. Rodents moving in, health hazards, the smell, angry residents. When service finally resumes, drivers come back to do double work and double the hazard.
- Marcus Ford
Person
The aftermath takes a long time to recover from. Right now, the law lets a waste hauling company like Republic Services treat a labor dispute as a business exit ramp. When they can't get what they want at the bargaining table, they walk away.
- Marcus Ford
Person
Let trash pile up in people's neighborhoods and point to a force majeure clause that says it's not their problem. The city and the community are stuck. Republic moves on. Our local has lived through this firsthand after Republic's labor disputes, including 2021 strike.
- Marcus Ford
Person
The City of Brea audited Republic's performance and sent them a bill for 5.4 million in damages. Republic's response to Brea, we disagree. We don't owe you anything. They walk away, let the community absorb the damage, dispute the bill, move on. Same thing that happened in Fullerton and Chula Vista.
- Marcus Ford
Person
And I want to be clear. Workers don't choose to strike lightly. When we walk off the job, we lose wages. We have families to feed. Meanwhile, Republic knows exactly what they're doing. The longer they wait us out, the worse the trash piles up. The more pressure falls on the cities, the residents.
- Marcus Ford
Person
And they've got a force majeure clause sitting in their back pocket the whole time. It's a get out of jail free card. SB 1371 takes that card off the table. The bill makes sure waste haulers cannot abuse these provisions to the detriment of workers, local governments, and residents. For these reasons, I urge support for SB 1371. Thank you.
- Steven Choi
Legislator
Okay. Thank you. From the public, any me too supporters? Line up on the microphone, please.
- Ivan Fernandez
Person
Hello, Mr. Chair and Members of the Committee. Ivan Fernandez with California Labor Federation in strong support.
- Sam Cornejo
Person
Good morning. Sam Cornejo, Teamsters Joint Council 42, strong support.
- Steven Choi
Legislator
Okay. Any opposition witness, a main witness? If you have, yeah. Why don't you come to the front desk? Go ahead. Two minutes.
- Veronica Pardo
Person
Good morning, Mr. Vice Chair and Members of the Committee. Veronica Pardo on behalf of the Resource Recovery Coalition of California, a trade association representing haulers, recyclers, and composters.
- Veronica Pardo
Person
We understand, Madam Chair, the concern you are trying to address with SB 1371. Waste collection is an essential public service, and service disruptions during labor disputes can create real challenges for local communities, customers, and public health. Respectfully, however, as drafted, this bill will not work.
- Veronica Pardo
Person
Solid waste agreements are complex, highly negotiated contracts between local governments and service providers. They reflect the specific operational financial labor and service needs of each jurisdiction.
- Veronica Pardo
Person
These issues are best addressed through local negotiation and tailored contingency planning, not through a one size fits all statewide mandate. Our primary concern is that the bill reaches back into existing agreements and makes force majeure provisions void and unenforceable to the extent they apply to labor disputes.
- Veronica Pardo
Person
These agreements are negotiated as a whole and retroactively invalidating one provision can disrupt risk allocation, pricing, staffing, and service obligations, ultimately increasing cost for local government, ratepayers, and customers.
- Veronica Pardo
Person
In conjunction with other industry members, we have proposed amendments that provide a more practical path forward. Our amendments would apply prospectively to contracts enter to into or extended on or after January 1, 2027 and would require a contingent would require contingency planning for service during a work stoppage.
- Veronica Pardo
Person
This approach addresses service continuity concerns without retroactively disturbing existing agreements or undermining local control. For these reasons, we respectfully urge a no vote unless amended on SB 1371. Thank you.
- Steven Choi
Legislator
Any other main opposition witness? Otherwise, a public comment to opposition can line up on the microphone.
- Chris Zgraggen
Person
Thank you, Chair and Members. Chris Zgraggen with Capitol Advocacy on behalf of Republic Services, respectfully in opposition, oppose unless amended. Aligning our comments with RRCC. Thank you.
- John McHale
Person
Yeah. John McHale on behalf of Waste Management, oppose unless amended. Thank you.
- Steven Choi
Legislator
Okay. And thank you very much. I wanna bring it back to the Committee Members. Senator Arreguín.
- Jesse Arreguin
Legislator
I have a question for the opposition witness. Could you summarize that the amendments that you just explained?
- Veronica Pardo
Person
Yes. We submitted them in a letter to the author's office, and I have... Sorry. My computer is back behind me. But they have some expectations around providing service for making sure that collections occurring, collection frequency, addressing how management of waste will be handled during that period. But I unfortunately, I just don't have it right in front of me right now.
- Jesse Arreguin
Legislator
I believe I heard you said that they would apply prospectively, but any existing agreement would not be affected?
- Veronica Pardo
Person
Yes. So this would apply to new or amended agreements, and these agreements are amended as they...
- Jesse Arreguin
Legislator
So if you believe that there needs to be some provisions or to deal on a work stoppage, why not also amend existing agreements?
- Jesse Arreguin
Legislator
Through to ensure that we have those provisions to take effect with respect to existing agreements. Because if for some reason a jurisdiction adopts a franchise agreement, it's not aware of the impact of a force majeure clause and there's a work stoppage, they're stuck.
- Veronica Pardo
Person
Yes. Understood. And I think that it goes back to some of our concerns around the original bill agreement being impacted in other ways, but understood. I mean, I think ultimately, we are on the same page that some sort of contingency plan does need to be in place to ensure that essential services continue. So we are in agreement on that.
- Veronica Pardo
Person
It's more of a concern around the impact to the agreement as originally proposed and some other elements that might be impacted. But do understand your point and agree that there needs to be some contingency plan in place.
- Kelly Seyarto
Legislator
Thank you. Question for the author. How is this any different than the bill that the governor vetoed last year?
- Matthew Broad
Person
Through the Vice Chair. Matt Broad. Just to answer your question, Senator, the last bill, SB 70, SB 751 was substantially broader in that it created a process by which cities would have to open up their waste hauling contracts and renegotiate substantive terms.
- Matthew Broad
Person
This version of the bill, including things like, I'll specify, a process for compensating people whose service was disrupted, so on and so forth. And the veto message said that that would be too disruptive. And so when we came back to do this bill, we narrowed it substantially just to cover the force majeure provisions.
- Matthew Broad
Person
And the way we've drafted the bill wouldn't void past completely force majeure provisions. But would say that with respect to the narrow portion of it that covered labor disputes, it would strike that. Hear the opposition loud and clear about perspective versus retroactivity. We're happy to continue working with them on that.
- Matthew Broad
Person
I did address that yesterday when we met with them. That being said, what they provided us in terms of amendments was a substantive rewrite of the bill that removed any any provisions related to force majeure.
- Matthew Broad
Person
And, of course, we wanna make sure that there's a fair set of rules for force majeure which comply with the way that every contract you and I sign is truly about conditions that are out of the control of the party as opposed to things that they directly control.
- Kelly Seyarto
Legislator
Right. So say they remove the force majeure, and who picks up our trash? What happens in a strike and who picks up our trash?
- Matthew Broad
Person
Yeah. So right now, if there's a strike and that they can put drivers in it, they bring drivers from out of state, sometimes they put managers. The problem is the potential penalties, the recourse the city has. So if they fail to do that or they're not doing it adequately, the city can fine them under the terms of the hauling agreement.
- Matthew Broad
Person
The taking out the force majeure provision or the just the part related to labor disputes wouldn't change that in any way or shape or form. What it would change is the leverage the cities have to compel them to actually do that.
- Kelly Seyarto
Legislator
So you're putting the leverage... Basically, in a negotiation, you have to find leverage points. And when trash is piling up, there's pressure on both sides. When there's a contract and fines on one side and not the other, ultimately who pays is us. The rate payers pay in that situation. And that's in the amendments that were suggested apparently.
- Kelly Seyarto
Legislator
When you're talking about because I've done negotiations for trash contracts. You have to think of everything in that contract because everything that goes in that contract winds up in your bill, in rate payer bills.
- Kelly Seyarto
Legislator
And chasing and changing it retroactively changes that. And it doesn't get changed during the contract period, it gets added to the next period and then some. So in other words, the rate payers wind up paying for all this, including whatever it is.
- Kelly Seyarto
Legislator
If they are under pressure to do a contract that they can't afford, well, they might not be able to afford it in this rate period, I mean, contract. But the next one is going to reflect whatever it was that they had to do to get it settled so that they can start picking up trash and we pay for it.
- Kelly Seyarto
Legislator
And that's the I think the negotiation has to happen at the city level about how they handle a strike And whatever provisions that they figure out, that's what they need to, that's what. Because some cities can do large, huge companies, Republic, Waste Management, places like that.
- Kelly Seyarto
Legislator
But there's other companies out there that are much smaller haulers that do not have the capacity, and those require different contingency plans if there is a strike. And that's something for the cities and the and the waste hauler when they're competing for that contract to decide ahead of time.
- Kelly Seyarto
Legislator
Because, you know, for me, there's at the end of the day, the trash gets picked up no matter what. I don't care what the dispute is. The trash gets picked up. And if it doesn't, we have major problems. And those should be solved ahead of time.
- Kelly Seyarto
Legislator
And that's and I suspect some of that is why this got vetoed last year. So anyway, yeah, I kinda have problems with this approach, especially because it's not much different than last year.
- Kelly Seyarto
Legislator
I would if this bill goes forward, I would recommend or encourage you to work with, in this case, the opposition to make sure that, the rate payers are the people that are being protected because we're the ones who ultimately have to pay the bill that is now double what it was just five years ago.
- Kelly Seyarto
Legislator
And I know a lot of rate payers, even though that's still a great bargain, It's rate payers are getting a little fed up with all of these increases in cost, and this is one of the drivers. So one of this is just a small one of the drivers, but it's a driver.
- Kelly Seyarto
Legislator
And in this world where we're talking about decreasing cost for people, creating mechanisms where those costs ultimately go up is a real problem, that and it's one of the problem we should be paying attention to. So thank you.
- María Elena Durazo
Legislator
Well, I just wanna add that the, this is also about lining things up and being better balanced between who's, you know, how to come to a decision about making truly negotiating on an equal on an equal basis. And that's really important for the community, for the employees, as well as for the company.
- María Elena Durazo
Legislator
But the company, as the driver just said, the company is holding this against everybody. Like, you know, you either do what we want or we're gonna, you know, your service is gonna stop. And so that's what we wanna say is put it on a level playing field and that's what this is really all about.
- Kelly Seyarto
Legislator
If a company walked away from a contract during a dispute, they wouldn't be our company anymore. That's what would happen.
- Matthew Broad
Person
May I, through the Vice Chair? Yeah. I would I would just say that, that, you know, the whole purpose of this is to shorten labor disputes. We don't wanna... The problem right now is if you have a force majeure clause that includes a labor dispute, a waste hauler can walk away. That's that's what they can do.
- Matthew Broad
Person
They can walk away, and they will not be penalized. And so, actually, it creates this perverse incentive for them to say, fine. Go out on strike. We'll let the trash pile up. And so we share your concerns about making sure that trash isn't piling up. Right now, we have a situation where cities and the public are being held hostage by waste haulers who have these provisions.
- Steven Choi
Legislator
Any other Senators? Okay. I have a trouble in supporting this one because I'm not clear why this legislation is needed. Whereas that kind of a determination can, which provisions can be included in the contract should be on the negotiating table with the at the time of renewing the contract. So I don't think that this is overall arching another another one size fits all kind of approach. With that, I think we... Oh, okay. Motion made by Senator Arreguín. And would you like to close?
- María Elena Durazo
Legislator
Yes. Thank you very much. I respectfully ask for an aye vote.
- Committee Secretary
Person
The motion is do pass to the Committee on Appropriations. [Roll Call] 3-2.
- Jesse Arreguin
Legislator
hearing, and we'll proceed now to file in 12 SB 1117 by Senator Cervantes. Senator, whenever you're ready to present.
- Sabrina Cervantes
Legislator
Yes. Thank you, mister chair and committee members, for allowing me to present Senate bill, eleven seventeen, which will clarify and strengthen existing accessory dwelling units, ADU, law. As you may know, existing law requires fee charge for the construction of ADUs to be determined in accordance with the Mitigation Fee Act.
- Sabrina Cervantes
Legislator
Local governments are also barred from imposing impact fees upon the development of an ADU that has interior livable space of 750 square feet or less, and requires any impact fees charged for an ADU that has more than 750 square feet of interior livable space to be charged proportionally in relation to the square footage of the primary dwelling unit on the property. California housing crisis continues to limit homeownership opportunities and increase housing costs.
- Sabrina Cervantes
Legislator
Housing experts estimate a shortage of between 840,000 to 3,500,000 housing units. ADUs are a key component of our housing strategy because they expand housing supply when enabling homeowners to increase the capacity of their homes and build home equity. For many first time and moderate income homeowners, the ability to construct an ADU can increase a long term financial stability.
- Sabrina Cervantes
Legislator
According to a 2024 law review article by UC Davis law professor Chris Elmendorf and UC Santa Barbara professor Clayton Knoll, California's landmark accessory dwelling unit reform law is one of the legislature's crowning achievements in California housing policy. In 2023 alone, more than 28,000 ADU permits were approved in California.
- Sabrina Cervantes
Legislator
The legislature has taken numerous steps to reduce local barriers to ADU permitting, including limiting the imposition of impact fees and prohibiting impact fees on ADUs that are 750 square feet or smaller, requiring that fees for larger ADUs be charged proportionally. However, contrary to what we have done here and the legislature's intention, some local governments are calculating impact fees based on the entire square footage of an ADU once it exceeds 750 square feet rather than basing the fees only on the portion above that threshold.
- Sabrina Cervantes
Legislator
This interpretation increases project costs far beyond what the legislature's intention and may discourage the construction of ADUs. In jurisdictions where impact fees are more than $10 per square foot, that can add an additional $8,000 to a project. Property owners are forced often to either reduce the size of their design to stay under the cap, which limits the potential usefulness, or abandon their ADU plans altogether.
- Sabrina Cervantes
Legislator
This bill will simply reduce impact fees for homeowners in California, clarifies that existing ADU law by ensuring local governments, assess impact fees only on the portion of an ADU exceeding
- Sabrina Cervantes
Legislator
livable space, exceeding 750 square feet of interior livable space. This bill does not increase, reduce, or alter the existing 750 square foot exemption in existing law. By aligning these fee calculations with the intent of the legislature, the bill promotes consistent statewide implementation, reduces unnecessary cost burdens on homeowners, and supports continued ADU permitting as a pathway to increasing sustainable homeownership in California.
- Sabrina Cervantes
Legislator
The chair and I have had many discussions about ensuring equitable impacts for the bill as we address the housing crisis in our state, as well as the potential impact on revenue for local governments, and I certainly look forward to working on those issues and addressing those concerns should this bill move through the legislative process. With me here today to testify in support, we have Stephanie Buteras, a development expert with the focus on ADUs and Max Debler with California YMB.
- Jesse Arreguin
Legislator
Thank you, Senator. Each witness has two minutes to present on the bill. Whoever would like to begin?
- Stephanie Gutierrez
Person
Thank you so much. Good morning, chair and members of the committee. My name is Stephanie Gutierrez, ADU strategist with ADU West Coast, and I'm here to speak in support of SB 1117. ADU West Coast works directly with California homeowners and families navigating the accessory dwelling unit process every day from permitting to financing to construction. We see financing to cons we see, firsthand how these fees impact working class families.
- Stephanie Gutierrez
Person
S v one one seven, will make it less costly to build ADUs by removing an arbitrary financial penalty that many jurisdictions impose on ADUs over square feet. This bill passed the Senate Housing Committee with full bipartisan support, which speaks to the importance of this policy. I wanna share a real example from one of my, current, families that I'm currently working with in Orange County. They wanna build two ADUs on their property, one for each set of grandparents on each side of the family.
- Stephanie Gutierrez
Person
And to comfortably house elderly family members, each ADU needs to be two bedrooms, two baths, bringing it to just a little bit over 750 square feet, which is actually 751 to be exact. Because they crossed that threshold, they are facing impact fees between 12 to 14,000 per unit, totaling up to 28,000 in fees alone. That 20 plus difference is exactly what's killing their financing situation. The lender has confirmed it, and family members have also put this project on hold because of that because of those costs.
- Stephanie Gutierrez
Person
This is a family trying to keep their grandparents and family close. Most people building ADUs are everyday homeowners trying to house aging parents, support adult children, and offset their mortgage. Financing ADUs is already one of the biggest challenges in the space. Adding 12 to 28,000 in impact fees can be the difference between a project moving forward or not. This small but meaningful change improves efficiency, it boosts accountability, and it gives both governments and families a clear path to delivering homes.
- Jesse Arreguin
Legislator
Thank you for your comments. We're gonna keep you at two minutes because the Senator has to leave. So if you can
- Unidentified Speaker
Person
please Great news. My name is Max Huebler. I'm here from California DMV for technical assistance.
- Jesse Arreguin
Legislator
Great. Any witnesses who wish to express support for this bill, please come forward to state your name, organization, and position on the
- Kate Rogers
Person
bill. Hello. Kate Rogers on behalf of the Student Homes Coalition. In strong support, also lived in an ADU, single family ADU with my family. So thank you.
- Unidentified Speaker
Person
Sosin Matinat, W Strategies here on behalf of Unidos US, Power California Action, Neighborhood Partnership, Housing Services, and strong support. Thank you.
- Unidentified Speaker
Person
Sylvia Aguilar in support on behalf of Casita Coalition. Thank you.
- Jesse Arreguin
Legislator
Thank you. Unless there's anyone else, we'll now take up to two principal witnesses in opposition. And somebody can make
- Brady Gerten
Person
I mean, I can talk loudly, but I'll I'll go to the mic. Thank you. Good afternoon, chair and members. Brady Gerten on behalf of the League of California Cities in a respectful opposition to the measure today. Just wanted to thank the conversations we've had.
- Brady Gerten
Person
I know those are ongoing, but we do still have a lot of concerns with the measure. Couple things. As we all know, impact fees are an important aspect for infrastructure and services that local governments are required to provide for their community. These are garnered in, nexus studies, in research, in an evidence base that do that. The state legislature limited it to 750 square feet or less, but the size of the ADU isn't what matters.
- Brady Gerten
Person
It's the impact to the local community that's gonna have have an impact to this that we need to be aware of. Now we understand that the costs, they can be a cost burden at times. But until the legislature comes up with another route to backfill this, you're gonna see local governments use limited general fund revenues to support necessary infrastructure for police, for fire, for sewer, for water, and stuff like that. And that's the importance of these impact fees.
- Brady Gerten
Person
And, again, these are used based off of evidence that looks at the cost of everything to provide those services.
- Brady Gerten
Person
Additionally, the other factor that's really important is this, is it does create inequities in terms of, a lot of these ADUs are not required to be owner occupied as the legislature has passed. So you see a lot of differences that are not actually resulting in homeownership. Now we understand that ADUs have been very successful. The legislature has highlighted that as well.
- Brady Gerten
Person
If it's been successful, why the need for further reduction in some of the really important resources local governments need to continue to grow in their communities and support the development of And with that, I'm I respectfully ask for no vote and happy to answer any questions.
- Anthony Tannehill
Person
Thank you, chair and members. Anthony Tannehill with California Special Districts Association. Also in respectful opposition. I echo the concerns of my colleague from the league, and I'll remind you that this policy was set in 2019. And at that time, we said the same thing, that this does not, come with a backfill, and we don't have the ability to put it on the neighbors who are getting the discount.
- Anthony Tannehill
Person
We don't have a lot of other pathways as a special district to fund the infrastructure to support this growth. That measure created this discount, and today we're speaking about expanding the discount on a program that that is understood to be pretty successful in this in the sense that ADUs are gaining popularity.
- Anthony Tannehill
Person
Because local agencies are can be so heavily reliant on impact fees to support this infrastructure, which in turn supports the growth, and because we have limited other revenue pathways, we will need to be discussing how we're gonna backfill this these types of discounts to to homeowners and builders. Planning for growth and density should equally come with a planning for for growth, support the infrastructure and services to support that for sustainable, livable communities that we have to maintain in in perpetuity, really.
- Anthony Tannehill
Person
So So while we applaud our meeting, our housing needs with coming at it from every angle possible, we would need to continue to recognize that housing, and the infrastructure that serves those residents are inseparable.
- Anthony Tannehill
Person
They're part of the same ecosystem. And so for those reasons, I respectfully ask for your no vote and available for questions.
- Jesse Arreguin
Legislator
Thank you. Provide any members of public wishing to express opposition to SB 1117?
- Ethan Nagler
Person
Ethan Nagler on behalf of the California Association of Recreation Park Districts and the cities of Belmont and Redwood City, respectfully. Strongly opposed. Thank you. Mark Neuberger on behalf
- Unidentified Speaker
Person
of the California State Association of Counties. Wanna agree with the comments provided by Cal Cities and Special Districts Association. We are also opposed, to this bill with them.
- Tracy Rural
Person
Good afternoon. Tracy Ryan, Rural County representatives of California, also aligning my comments with those before me. Thank you.
- Unidentified Speaker
Person
Good morning. Members of Beth Frankel here on behalf of the California Fire Chiefs Association and the Fire Districts Association with an opposing list amended position. We have been having conversations with the author's office and the sponsor, so we just continue to keep those going. Thank you.
- Jesse Arreguin
Legislator
Thank you. Seeing no one else, I'll bring back the dais for any questions, comments, or emotion. Senator Sierkta?
- Kelly Seyarto
Legislator
Alright. Generally, I sympathize with the mitigation fee situation. And but in this case, because ADUs are they wind up being it's like building a half a house. Nobody builds a half a house. So obviously, you're going to be paying your your mitigation fees for building a new house and adding more impacts to the community.
- Kelly Seyarto
Legislator
We've already given the ADU community in order to to advance them, 750, feet of the square feet free. And and because anything above that does is subjected to ADUs, there has to be a way of of determining a fair share of what's above 750 square feet. I believe that's what your bill does, and that's why I supported it before. And, and I'll continue to support it. And with that, I'll move the bill.
- Jesse Arreguin
Legislator
Thank you very much. This bill came to the Senate Housing Committee, which I also chair, and, really appreciate the author bringing this forward. And with that, I'll turn over to close.
- Jesse Arreguin
Legislator
Okay. We have a motion by Senator Searto. If the committee assistant can please call the roll.
- Committee Secretary
Person
The motion is do passed to the committee on appropriation. Senators DeRozho, Choi, Avingin? Aye. Avingin, aye. Ashby, Cervantes?
- Jesse Arreguin
Legislator
Keep that bell on call for absent members. Thank you. And we have one more bill, I believe, by Senator Cervantes to present, which is filing 13 SB 1367.
- Sabrina Cervantes
Legislator
Thank you, mister chair. Today, I'm presenting SB 1367, which prohibits cities and counties from approving new land use that would allow the construction of detention facilities or permit the conversion of existing buildings into such facilities. The goal of this bill is to protect California residents from the rapid expansion of private detention facilities, particularly those not designed for long term human habitation.
- Sabrina Cervantes
Legislator
By doing so, this bill will protect California residents from the rapid expansion of private detention facilities, particularly those not designed for human use. There are currently seven private detention centers in California operating in four counties, San Bernardino County, Kern County, San Diego Imperial County, on behalf of the Federal Government.
- Sabrina Cervantes
Legislator
The public knows very little about what is happening inside private detention facilities, except for the horrific stories about rancid food and medical neglect and severe overcrowding, especially in ICE detention facilities as immigrants are moved across state lines where at least 32 individuals have died in custody, in ICE custody in 2025 and 15 so far in 2026.
- Sabrina Cervantes
Legislator
It is essential to assert that private detention facilities, particularly those not meant for human habitation, transform into infrastructures that reduce individuals to mere cargo, detaining civilians en masse within former industrial buildings originally designed for storing goods, this practice is unacceptable and demands urgent attention. Our society must confront the fact that inhumane private detention facilities prioritize profit over human suffering. These buildings lack essential amenities such as climate control, proper ventilation, running water, sanitation, and medical services.
- Sabrina Cervantes
Legislator
Again, these facilities are not meant for human, inhabitants are they are instruments of state sanctioned inhumanity to evade legal standards and public accountability.
- Sabrina Cervantes
Legislator
This bill today ensures that its land use policies are not used to facilitate human rights abuses. SB 1367 builds on the state's leadership and limited detention expansion and moves us closer to a future rooted in dignity, safety, and accountability. Today, we have Hector, political manager at the Inland Coalition for Immigration Justice, sponsors of the bill, to testify and support.
- Hector Pereira
Person
Awesome. Thank you. Good afternoon, members. Hector Pereira here again on the Inland Coalition for Immigrant Justice. Regional coalition of over 40 organizations serving immigrant communities across San Bernardino and Riverside Counties.
- Hector Pereira
Person
As I mentioned earlier, in addition to our policy advocacy and legal services, we manage the rapid response hotline for the Inland Empire and anchor the Shut Down Adelanto Coalition, which is fighting to close the Adelanto Ice processing center. And it's through this work that we have extensive experience with private for profit detention, and we've studied their impacts, we've documented their harms, and worked alongside directly impacted communities to challenge their expansion. These facilities are notorious for inhumane conditions and systemic human rights violations.
- Hector Pereira
Person
Since the beginning of this administration, dozens of people have died in ICE custody, the deadliest record since its creation in twenty years. In 2025 alone, at least thirty one people died in ICE custody.
- Hector Pereira
Person
The highest number, again, in two years, and these deaths continue to happen. Recently, we had a death at the Adelanto ICE Processing Center last month. An oversight inspection by Disability Rights California confirmed conditions consistent with Adelanto's egregious track record, inadequate access to medical and mental health care, legal counsel, and basic necessities like food, water, and clean clothes. For example, detainees were documented wearing visibly soiled clothing because Adelanto hadn't provide them with clean clothes for days. And these conditions are not unique to Adelanto.
- Hector Pereira
Person
They are predictable and intentional results of a system that prioritizes profit over human dignity in life. What is most concerning now is rapid expansion. Congress recently appropriated $45,000,000,000 to expand immigrant detention, fueling unprecedented growth in private detention facilities that is poised to reach California. Reporting shows that DHS is actively scouting and purchasing approximately 23 warehouses nationwide, to convert them into immigrant detention centers. These sites are expected to detain between 1,500 to 10,000 people each.
- Hector Pereira
Person
And as of this month, 11 warehouses have been successfully purchased in at least nine states, including in our neighboring state of Arizona. Former acting ICE chief Todd Lyons was quoted saying the administration's goal was quote, to deport immigrants as efficiently as Amazon moves packages, like Prime, but with human beings, end quote. All detention is inherently inhumane, but the expansion of private detention in facilities not designed to house humans will only exacerbate the already deadly conditions.
- Hector Pereira
Person
California is particularly vulnerable as a major logistics hub with a vast warehouse infrastructure, especially in the Inland Empire. Our communities are a prime target for this inspect expansion.
- Hector Pereira
Person
We cannot allow this system to grow here. California must take an affirmative step to prevent this. And for these reasons, I respectfully ask your vote.
- Jesse Arreguin
Legislator
Okay. We'll invite any other members of public wishing to express support for, SB 1367 to please come forward, state your name, organization, position on the bill.
- Jesse Arreguin
Legislator
Thank you. Anyone else wishing to express support? Okay. We'll now take any opposition witnesses to SB 1367. Is anyone wishing to testify in opposition? Seeing no one, I'll bring back the dais for any questions, comments, or motion.
- Unidentified Speaker
Person
The motion is do passed to the committee on appropriation. Senators Durazo, Choi, Arreguin, Arreguin, Aye, Ashby, Cervantes? Aye. Cervantes Aye. Laird, Seyarto, Seyarto No. 2-1
- Jesse Arreguin
Legislator
Okay. In the absence of the chair, I would like to be recorded on those bills that I was not able to record a vote on. I did vote on the consent calendar. So I think we'll just start on whatever bills I have not voted on. Lift the call.
- Jesse Arreguin
Legislator
We should start Start from the start. We'll start from the top. Yeah. Start from the top. Consent.
- María Elena Durazo
Legislator
Okay. Alright. Thank you everyone who participated in public testimony today. If you are not able to testify, please submit your comments or suggestions in writing to the Senate local gov committee or visit our website. Your suggestions are important to us, and we want to include your testimony in the official hearing records.
- María Elena Durazo
Legislator
Thank you. Thank you to everyone for your patience and for your cooperation. We have now concluded, the agenda, the Senate Committee on Local Government is adjourned. Thank you.