California 2023-2024 Regular Session Status: Enacted 38 D cosponsors

ACA 1 — A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Sections 1 and 4 of Article XIIIA thereof, by amending Section 2 of, and by adding Section 2.5 to, Article XIIIC thereof, by amending Section 3 of Article XIIID thereof, and by amending Section 18 of Article XVI thereof, relating to local finance.

Last action — Chaptered by Secretary of State - Res. Chapter 173, Statutes of 2023.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced December 05, 2022. Enacted.

Signed by Governor Gavin Newsom (Democratic) on September 20, 2023.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 51 sponsors

    1 primary, 50 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (38 D).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) The California Constitution prohibits the ad valorem tax rate on real property from exceeding 1% of the full cash value of the property, subject to certain exceptions. This measure would create an additional exception to the 1% limit that would authorize a city, county, city and county, or special district to levy an ad valorem tax to service bonded indebtedness incurred to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, including downpayment assistance, or permanent supportive housing, or the acquisition or lease of real property for those purposes, if the proposition proposing that tax is approved by 55% of the voters of the city, county, city and county, or special district, as applicable, and the proposition includes specified accountability requirements. The measure would prohibit a city, county, city and county, or special district from placing a proposition on the ballot pursuant to these provisions if the voters have previously approved a proposition pursuant to these provisions or the below special tax provisions until all funds from the previous proposition are committed to programs and projects listed in the specific local program or ordinance, as described. The measure, subject to certain vote thresholds, would authorize the Legislature to enact laws establishing additional accountability measures and laws for the downpayment assistance programs authorized by the measure, as specified. The measure would specify that these provisions apply to any city, county, city and county, or special district measure imposing an ad valorem tax to pay the interest and redemption charges on bonded indebtedness for these purposes that is submitted at the same election as this measure. (2) The California Constitution conditions the imposition of a special tax by a local government upon the approval of 23 of the voters of the local government voting on that tax. This measure would authorize a local government to impose, extend, or increase a sales and use tax or transactions and use tax imposed in accordance with specified law or a parcel tax for the purposes of funding the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, including downpayment assistance, or permanent supportive housing, or the acquisition or lease of real property for those purposes, if the proposition proposing that tax is approved by a majority vote of the membership of the governing board of the local government and by 55% of its voters voting on the proposition and the proposition includes specified accountability requirements. The measure would prohibit a local government from placing a proposition on the ballot pursuant to these provisions if the voters have previously approved a proposition pursuant to these provisions or the above ad valorem tax provisions until all funds from the previous proposition are committed to programs and projects listed in the specific local program or ordinance, as described. The measure, subject to certain vote thresholds, would authorize the Legislature to enact laws establishing additional accountability measures and laws for the downpayment assistance programs authorized by the measure, as specified. This measure would also make conforming changes to related provisions. The measure would specify that these provisions apply to any local measure imposing, extending, or increasing a sales and use tax, transactions and use tax, or parcel tax for these purposes that is submitted at the same election as this measure. (3) The California Constitution prohibits specified local government agencies from incurring any indebtedness exceeding in any year the income and revenue provided in that year, without the assent of 23 of the voters and subject to other conditions. In the case of a school district, community college district, or county office of education, the California Constitution permits a proposition for the incurrence of indebtedness in the form of general obligation bonds for the construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities, to be adopted upon the approval of 55% of the voters of the district or county, as appropriate, voting on the proposition at an election. This measure would expressly prohibit a special district, other than a board of education or school district, from incurring any indebtedness or liability exceeding any applicable statutory limit, as prescribed by the statutes governing the special district. The measure would also similarly require the approval of 55% of the voters of the city, county, city and county, or special district, as applicable, to incur bonded indebtedness, exceeding in any year the income and revenue provided in that year, that is in the form of general obligation bonds issued to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, or permanent supportive housing projects, if the proposition proposing that bond includes specified accountability requirements. The measure would specify that this 55% threshold applies to any proposition for the incurrence of indebtedness by a city, county, city and county, or special district for these purposes that is submitted at the same election as this measure. (4) This measure would deem another measure on the same statewide election ballot relating to state or local requirements for the imposition, adoption, creation, or establishment of taxes, charges, and other revenue measures in conflict with it and would make the other measure null and void if this measure receives more affirmative votes.

Bill Text

Action History

  1. Chaptered by Secretary of State - Res. Chapter 173, Statutes of 2023.

  2. Enrolled and filed with the Secretary of State at 11 a.m.

  3. In Assembly. Ordered to Engrossing and Enrolling.

  4. Ordered to the Assembly.

  5. Read third time. Adopted. (Ayes 29. Noes 10. Page 2776.)

  6. Read second time. Ordered to third reading.

  7. From committee: Be adopted. (Ayes 5. Noes 2.) (September 12).

  8. From committee: Be adopted, and re-refer to Com. on APPR. Re-referred. (Ayes 5. Noes 2.) (September 11). Re-referred to Com. on APPR.

  9. Joint Rules 61 and 62(a) suspended. (Ayes 32. Noes 8. Page 2460.)

  10. Referred to Com. on E. & C.A.

  11. In Senate. Read first time. To Com. on RLS. for assignment.

  12. Ordered to the Senate.

  13. Read third time. Adopted. (Ayes 55. Noes 12. Page 2974.)

  14. Assembly Rule 69(d) suspended. (Ayes 55. Noes 18. Page 2972.)

  15. Read third time and amended. Ordered to third reading. (Page 2932.)

  16. Assembly Rule 69 suspended. (Ayes 59. Noes 16. Page 2912.)

  17. Read second time. Ordered to third reading.

  18. Read second time and amended. Ordered returned to second reading.

  19. From committee: Amend, and be adopted as amended. (Ayes 10. Noes 4.) (September 1).

  20. In committee: Set, first hearing. Referred to APPR. suspense file.

  21. Re-referred to Com. on APPR.

  22. Read second time and amended.

  23. From committee: Amend, and be adopted as amended, and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (July 12).

  24. Re-referred to Com. on L. GOV.

  25. From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended.

  26. Referred to Coms. on L. GOV. and APPR.

  27. From printer. May be heard in committee January 5.

  28. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 50 co-sponsors · 71 not signed on · 7 voted No

Sponsors (1)

Co-sponsors (50)

Not signed on (71)

71 members have not signed on to this bill.

Show all 71 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3rd Reading ACA1 Aguiar-Curry et al. By Wiener

Passed 29 Yea · 10 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 21100
Unaffiliated 8201
Republican 0700
Total 291001
% of votes cast 73%25%0%3%
How each member voted (40)
Member Party Vote
Portantino — Yea
Eggman — Yea
Glazer — Yea
Dodd — Yea
Roth — Yea
Atkins — Yea
Bradford — Yea
Skinner — Yea
Wilk — Nay
Min — Nay
Newman — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Nay
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Nay
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Niello, Roger W. Republican Nay
Ochoa Bogh, Rosilicie Republican Nay
Seyarto, Kelly Republican Nay

Official roll call →

Subjects

taxation housing
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does ACA 1 do?
(1) The California Constitution prohibits the ad valorem tax rate on real property from exceeding 1% of the full cash value of the property, subject to certain exceptions. This measure would create an additional exception to the 1% limit that would authorize a city, county, city and county, or special district to levy an ad valorem tax to service bonded indebtedness incurred to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, including downpayment assistance, or permanent supportive housing, or the acquisition or lease of real property for those purposes, if the proposition proposing that tax is approved by 55% of the voters of the city, county, city and county, or special district, as applicable, and the proposition includes specified accountability requirements. The measure would prohibit a city, county, city and county, or special district from placing a proposition on the ballot pursuant to these provisions if the voters have previously approved a proposition pursuant to these provisions or the below special tax provisions until all funds from the previous proposition are committed to programs and projects listed in the specific local program or ordinance, as described. The measure, subject to certain vote thresholds, would authorize the Legislature to enact laws establishing additional accountability measures and laws for the downpayment assistance programs authorized by the measure, as specified. The measure would specify that these provisions apply to any city, county, city and county, or special district measure imposing an ad valorem tax to pay the interest and redemption charges on bonded indebtedness for these purposes that is submitted at the same election as this measure. (2) The California Constitution conditions the imposition of a special tax by a local government upon the approval of 23 of the voters of the local government voting on that tax. This measure would authorize a local government to impose, extend, or increase a sales and use tax or transactions and use tax imposed in accordance with specified law or a parcel tax for the purposes of funding the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, including downpayment assistance, or permanent supportive housing, or the acquisition or lease of real property for those purposes, if the proposition proposing that tax is approved by a majority vote of the membership of the governing board of the local government and by 55% of its voters voting on the proposition and the proposition includes specified accountability requirements. The measure would prohibit a local government from placing a proposition on the ballot pursuant to these provisions if the voters have previously approved a proposition pursuant to these provisions or the above ad valorem tax provisions until all funds from the previous proposition are committed to programs and projects listed in the specific local program or ordinance, as described. The measure, subject to certain vote thresholds, would authorize the Legislature to enact laws establishing additional accountability measures and laws for the downpayment assistance programs authorized by the measure, as specified. This measure would also make conforming changes to related provisions. The measure would specify that these provisions apply to any local measure imposing, extending, or increasing a sales and use tax, transactions and use tax, or parcel tax for these purposes that is submitted at the same election as this measure. (3) The California Constitution prohibits specified local government agencies from incurring any indebtedness exceeding in any year the income and revenue provided in that year, without the assent of 23 of the voters and subject to other conditions. In the case of a school district, community college district, or county office of education, the California Constitution permits a proposition for the incurrence of indebtedness in the form of general obligation bonds for the construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities, to be adopted upon the approval of 55% of the voters of the district or county, as appropriate, voting on the proposition at an election. This measure would expressly prohibit a special district, other than a board of education or school district, from incurring any indebtedness or liability exceeding any applicable statutory limit, as prescribed by the statutes governing the special district. The measure would also similarly require the approval of 55% of the voters of the city, county, city and county, or special district, as applicable, to incur bonded indebtedness, exceeding in any year the income and revenue provided in that year, that is in the form of general obligation bonds issued to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, or permanent supportive housing projects, if the proposition proposing that bond includes specified accountability requirements. The measure would specify that this 55% threshold applies to any proposition for the incurrence of indebtedness by a city, county, city and county, or special district for these purposes that is submitted at the same election as this measure. (4) This measure would deem another measure on the same statewide election ballot relating to state or local requirements for the imposition, adoption, creation, or establishment of taxes, charges, and other revenue measures in conflict with it and would make the other measure null and void if this measure receives more affirmative votes.
Who sponsors ACA 1?
ACA 1 is sponsored by Aguiar-Curry, Cecilia M. (Democratic), Berman, Marc (Democratic), Haney, Matt (Democratic), Lee, Alex (Democratic), Wicks, Buffy (Democratic), Gipson, Mike A. (Democratic), Wiener, Scott D. (Democratic), Addis, Dawn (Democratic), Alvarez, David (Democratic), Arambula, Joaquin (Democratic), Bennett, Steve (Democratic), Boerner, Tasha (Democratic), Bonta, Mia (Democratic), Bryan, Isaac G. (Democratic), Carrillo, Juan (Democratic), Wendy Carrillo, Connolly, Damon (Democratic), Friedman, Gabriel, Jesse (Democratic), Eduardo Garcia, Grayson, Timothy S. (Democratic), Hart, Gregg (Democratic), Holden, Jackson, Corey A. (Democratic), Kalra, Ash (Democratic), Low, Lowenthal, Josh (Democratic), McCarty, McKinnor, Tina (Democratic), Nguyen, Stephanie (Democratic), Ortega, Liz (Democratic), Papan, Diane (Democratic), Pellerin, Gail (Democratic), Luz Rivas, Rivas, Robert (Democratic), Rodriguez, Rubio, Blanca E. (Democratic), Santiago, Ting, Villapudua, Ward, Christopher M. (Democratic), Weber Pierson, M.D., Akilah (Democratic), Wilson, Lori D. (Democratic), Wood, Zbur, Rick Chavez (Democratic), Blakespear, Catherine S. (Democratic), Gonzalez, Lena A. (Democratic), Skinner, Umberg, Thomas J. (Democratic), and Wahab, Aisha (Democratic).
What is the current status of ACA 1?
This bill has been enacted into law. Introduced December 05, 2022. Enacted.
Where can I track ACA 1?
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