Although no longer an elected official and therefore no longer a board member of CivicWell, I still get great information. The following is a summary of planning and sustainability-related legislation compiled and updated by CivicWell’s Policy Director Roger Dickinson. Roger is a former Assembly member and Sacramento County Supervisor who is in a November runoff for Sacramento city Council District 7.

Today marks the deadline for policy committees in the Legislature to act on bills that must go to the fiscal committees so it was a very busy and intense week of committee hearings.  Among the bills that CivicWell is supporting are the following:

• SB 1092 by Senator Blakespear would standardize and apply deadlines in the coastal permit appeals process for priority housing projects.  The bill has been significantly amended to become a study bill.  The bill passed the Senate Housing Committee on a 10-0 vote and goes next to the Senate Appropriations Committee.
• SB 1148 by Senator Blakespear would facilitate deployment of "behind the meter" microgrids for multifamily and government buildings.  The bill failed to pass the Senate Energy, Utilities, and Communications Committee on a 6-6 vote with 6 members not voting.
• SB 1206 by Senator Becker would authorize GO-Biz to apply for and receive funding from next generation battery hub programs.  The bill passed the Senate Energy, Utilities, and Communications Committee on a 15-3 vote and goes next to the Senate Appropriations Committee.
• AB 1820 by Assemblymember Schiavo would require a local government to provide an estimate of fees and exaction costs within 10 business days of the submission of a preliminary application for a housing project.  The bill passed the Assembly Local Government Committee on an 8-0 vote and goes next to the Assembly Appropriations Committee.
• AB 2079 by Assemblymember Bennett would prohibit high capacity water wells within one-quarter mile of domestic wells and areas of significant land subsidence and would require greater cooperation among local agencies regarding issuance of new well permits.  The bill passed the Assembly Water, Parks, and Wildlife Committee on a 10-3 vote and goes next to the Assembly Appropriations Committee.
• AB 2427 by Assemblymember McCarty would require local governments to develop the process and information for permitting curbside charging for electric vehicles (EVs).  The bill passed the Assembly Transportation Committee on a 15-0 vote and goes next to the Assembly Appropriations Committee.
• AB 2553 by Assemblymember Friedman would revise the definition of "major transit stop" to specify locations where 20 minute service intervals occur rather than 15 minute service intervals and amend the fee mitigation act to provide that housing projects within one-half mile of a major transit stop be considered for reduced impact fees.  The bill passed the Assembly Housing and Community Development Committee on a 9-0 vote and goes next to the Assembly floor.
• AB 2560 by Assemblymember Alvarez would provide that any density bonus or other benefit under the Density Bonus Act applies in the coastal zone.  The bill has been amended to exclude certain designated areas of the coastal zone.  The bill passed the Assembly Natural Resources Committee on a 7-1 vote and goes next to the Assembly floor.
• AB 2684 by Assemblymember Bryan would require local governments to include a component on extreme heat in the safety element of their general plans after January 1, 2024 and update the component at specified intervals.  The bill passed the Assembly Emergency Management Committee on an 8-0 vote and goes next to the Assembly Appropriations Committee.
• AB 2778 by Assemblymember Gabriel would require local governments to include plans in their housing elements to incentivize the development of affordable housing on land owned by religious and independent institutions of higher learning as permitted by right under SB 4 from last year.  The bill passed the Assembly Local Government Committee on an 8-0 vote and goes next to the Assembly Appropriations Committee.
• AB 3068 by Assemblymember Haney would streamline office to housing adaptive reuse and provide financial incentives for conversions.  The bill passed the Assembly Local Government Committee on a 6-1 vote and goes next to the Assembly Appropriations Committee.
• AB 3107 by Assemblymember Connolly would change the definition of "electrical corporation" to allow microgrids to connect multiple properties as approved by local governments and with guidance from the California Energy Commission (CEC).  The bill has been significantly amended to become a study bill.  The bill passed the Assembly Utilities and Energy Committee on a 9-0 vote and goes next to the Assembly Appropriations Committee.
• AB 3177 by Assemblymember Wendy Carrillo would prohibit local governments from requiring land dedications from housing projects for traffic mitigation in high transit areas.  The bill passed the Assembly Local Government Committee on a 7-1 vote and goes next to the Assembly Appropriations Committee.

One other bill of note, on which CivicWell does not have a position, was sent to the Assembly Rules Committee, likely killing it for the year.  AB 1999 by Assemblymember Irwin would repeal the authority of the California Public Utilities Commission (CPUC) to establish fixed electricity rates on an income-graduated basis and instead directed the CPUC to adopt fixed rates of no more than $5 per month for low income ratepayers and $10 per month for other ratepayers.  The action leaves the CPUC free to adopt its current proposal that would impose a fixed charge of up to $24 per month for some ratepayers.

In other energy-related news, the California Supreme Court has decided to hear a challenge brought by three environmental organizations, the Environmental Working Group, the Center for Biological Diversity, and the Protect Our Communities Foundation, to the CPUC decision to revise the net energy metering program, known as NEM, which applies to rooftop solar installations.  The CPUC decision in December, 2022, which took effect in April, 2023, changed the amount solar ratepayers receive for selling excess electricity to a utility from the retail cost to the "actual avoided cost" which is lower.  Opponents of the decision asserted that the change would extend the payback period to such a length that it would not be economically desirable for ratepayers to install solar.   The organizations which brought the suit are looking to the Supreme Court to address whether the CPUC properly considered all the benefits of solar and the interests of disadvantaged communities as well as how much deference the courts should extend to CPUC decisions.  Timing as to when the Court will hear the case is uncertain but will be at least several months from now.

The Sustainable Groundwater Management Act (SGMA) was also in the spotlight last week as the State Water Resources Control Board (SWRCB) considered whether to place five Groundwater Sustainability Agencies (GSAs) which cover the Tulare Basin on "probation" for failing to develop an acceptable Groundwater Sustainability Plan (GSP).  Each GSA in the state must draft a GSP that is approved by the Department of Water Resources (DWR).  If a GSA fails to do so, even after DWR advises the GSA of the deficiencies in its plan and allows the GSA to correct those, then the GSA is subject to being placed by the SWRCB on "probation" which can lead to the state assuming responsibility to take the actions needed to attain sustainability in the affected basin.  Following a nine hour hearing on April 16, the SWRCB voted unanimously to put the GSAs on "probation."  SGMA is structured to rely heavily on local action necessary to reach groundwater sustainability within designated basins with the state only stepping in when local authorities fail to do so.  The Tulare Basin case is the first to reach the SWRCB and the decision was critical to establishing the expectations for compliance with SGMA.

The U.S. Supreme Court weighed in on the question of impact fees assessed by local governments on new development in a case from El Dorado County when it decided by a 9-0 vote that local governments must justify the fees they charge on an individual project basis.  Until now, under a previous Supreme Court ruling, local governments adopted general formulas for fees based on studies that determine the proportional impact of a type of development on public infrastructure.  The consequences for both local governments and private development of housing and other land uses could be dramatic, both in terms of the ability of local governments to pay for needed infrastructure and the processing time and cost for development proposals.  However, the exact outcome is yet to be determined since the Court sent the case back to the state courts for further consideration.

In election news, state Senator Steve Bradford announced that he will run for Lieutenant Governor in 2026 as the incumbent, Eleni Kounalakis, vacates the office to run for Governor.  State Treasurer Fiona Ma is also in the race and more contenders are expected to join the contest as well.

Roger Dickinson
Policy Director
CivicWell
(o) (916) 448-1198 (c) (916) 599-2456
520 Capitol Mall, Suite 440
Sacramento, CA 95814