California 2017-2018 Regular Session Status: Enacted 1 D cosponsors

AB 2238 — Local agency formation: regional housing need allocation: fire hazards: local health emergencies: hazardous and medical waste.

Last action — Chaptered by Secretary of State - Chapter 990, Statutes of 2018.

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  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 February 13, 2018. Enacted.

Prognosis

Likely to advance 72% · 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.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 6 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) Existing law, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, provides the authority and procedures for the initiation, conduct, and completion of changes of organization and reorganization of cities and districts. The act specifies the factors that a local agency formation commission is required to consider in the review of a proposal for a change of organization or reorganization, including, among other things, per capita assessed valuation and the proposal's consistency with city or county general and specific plans. This bill would instead require the commission to consider the assessed valuation rather than per capita assessed valuation. The bill would additionally require the commission to consider information contained in a local hazard mitigation plan, information contained in a safety element of a general plan, and any maps that identify land as a very high fire hazard zone or maps that identify land determined to be in a state responsibility area if it is determined that such information is relevant to the area that is the subject of the proposal. By adding to the duties of local agency formation commissions in reviewing a change of organization or reorganization, this bill would impose a state-mandated local program. (2) Existing law, the Planning and Zoning Law, requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and certain land outside its boundaries, that includes, among other specified mandatory elements, a housing element. That law, for the 4th and subsequent revisions of the housing element, requires the Department of Housing and Community Development to determine the existing and projected need for housing for each region, as provided, and requires the appropriate council of governments or for cities and counties without a council of governments, the department, to adopt a final regional housing need plan allocating a share of the regional housing need to each city, county, or city and county. Existing law requires the department to meet and consult with the council of governments regarding the assumptions and methodology to be used by the department to determine the region's housing needs and requires the council of governments to provide data assumptions, including specified information regarding housing availability within the region. This bill would require that the information provided by the council of governments include the loss of units during a state of emergency, as defined, that was declared by the Governor pursuant to the California Emergency Services Act, during the planning period immediately preceding the relevant revision of the housing element that have not been rebuilt or replaced at the time of the data request. Existing law requires the council of governments, or delegate subregion as applicable, to develop a proposed methodology for distributing the existing and projected regional housing need to cities, counties, and cities and counties within the region or subregion, as applicable, that is consistent with specified objectives. Existing law, to the extent that sufficient data is available as provided, requires each council of governments, or delegate subregion as applicable, to include specified factors to develop the methodology that allocates regional housing needs. This bill would require that these factors include the loss of units during a state of emergency, as defined, that was declared by the Governor pursuant to the California Emergency Services Act during the planning period immediately preceding the relevant revision of the housing element that have yet to be rebuilt or replaced at the time of the analysis. By adding to the duties of councils of governments and delegate subregions in determining the regional housing need allocation, this bill would impose a state-mandated local program. (3) Under existing law, whenever a release, spill, escape, or entry of waste occurs, as specified, and the Director of Health Care Services or the local health officer makes specified determinations as to that waste, the director is authorized to declare a health emergency and the local health officer is authorized to declare a local health emergency in the jurisdiction or any area thereof affected by the threat to the public health. Existing law prohibits a local health emergency declared by a local health officer in excess of 7 days unless the board of supervisors or city council, as applicable, ratifies the local health emergency. Existing law requires the board of supervisors or city council, as applicable, to review the need for continuing the local health emergency at least every 14 days and requires the board of supervisors or city council to terminate the local health emergency at the earliest possible date that conditions warrant. This bill would extend the periodic review of a local health emergency by a board of supervisors or city council from every 14 days to every 30 days. (4) This bill would incorporate additional changes to Section 65584.01 of the Government Code proposed by AB 1771 and SB 828 to be operative only if this bill and either or both AB 1771 and SB 828 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 65584.04 of the Government Code proposed by AB 1771 and SB 828 to be operative only if this bill and either or both AB 1771 and SB 828 are enacted and this bill is enacted last. (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 990, Statutes of 2018.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 7030.).

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 6008.).

  7. Read second time. Ordered to third reading.

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

  9. Ordered to second reading.

  10. From inactive file.

  11. Ordered to inactive file at the request of Senator Dodd.

  12. From Consent Calendar.

  13. Read second time. Ordered to Consent Calendar.

  14. From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar.

  15. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 20). Re-referred to Com. on APPR.

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

  17. In committee: Hearing postponed by committee.

  18. Referred to Com. on GOV. & F.

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

  20. Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 0. Page 5130.)

  21. Read second time. Ordered to Consent Calendar.

  22. From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (May 2).

  23. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 18). Re-referred to Com. on APPR.

  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 Com. on L. GOV.

  27. From printer. May be heard in committee March 16.

  28. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

AB 2238 AGUIAR-CURRY Concurrence in Senate Amendments

Passed 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 56002
Democratic 16000
Republican 6000
Total 78002
% of votes cast 98%0%0%3%
How each member voted (80)
Member Party Vote
Acosta — Yea
Baker — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Kiley — Yea
Low — Yea
Mathis — Yea
Medina — Yea
Quirk — Yea
Rodriguez — Yea
Ting — Yea
Weber — Yea
Eggman — Yea
Burke — Yea
Gonzalez Fletcher — Yea
Frazier — Yea
Chau — Yea
Fong — Yea
Salas — Yea
Holden — Yea
Jones-Sawyer — Yea
Gray — Yea
Levine — Yea
Rubio — Yea
Rivas — Yea
Chu — Yea
Cunningham — Yea
Mayes — Yea
McCarty — Yea
Melendez — Yea
Mullin — Yea
Nazarian — Yea
Obernolte — Yea
Rendon — Yea
Santiago — Yea
Thurmond — Yea
Voepel — Yea
Waldron — Yea
Wood — Yea
Harper — Yea
Kamlager-Dove — Not Voting
Maienschein — Yea
O'Donnell — Yea
Steinorth — Yea
Chiu — Yea
Chávez — Yea
Cooper — Not Voting
Cooley — Yea
Daly — Yea
Friedman — Yea
Gloria — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB2238 Aguiar-Curry By Dodd

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 34001
Democratic 5000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Hueso — Yea
Leyva — Yea
Moorlach — Yea
Nielsen — Yea
Skinner — Yea
Wieckowski — Yea
Cannella — Yea
Dodd — Yea
Fuller — Yea
Glazer — Yea
Allen — Yea
Mitchell — Yea
Atkins — Yea
Portantino — Yea
Galgiani — Yea
Chang — Yea
Hernandez — Yea
Hertzberg — Yea
De León — Yea
Delgado — Yea
Hill — Yea
Beall — Yea
Bradford — Yea
Lara — Yea
Monning — Yea
Morrell — Yea
Pan — Yea
Roth — Yea
Vidak — Yea
Wilk — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 2238 AGUIAR-CURRY Consent Calendar Second Day

Passed 73 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 52005
Democratic 15000
Republican 6000
Total 73005
% of votes cast 94%0%0%6%
How each member voted (78)
Member Party Vote
Acosta — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Kamlager-Dove — Yea
Levine — Yea
Low — Yea
Mathis — Yea
Melendez — Yea
Nazarian — Yea
Obernolte — Not Voting
Quirk — Yea
Rodriguez — Yea
Thurmond — Yea
Waldron — Yea
Gonzalez Fletcher — Yea
Burke — Yea
Frazier — Yea
Fong — Yea
Salas — Yea
Gloria — Yea
Harper — Yea
Gray — Yea
Holden — Yea
Jones-Sawyer — Yea
Rubio — Yea
Kiley — Yea
Mayes — Yea
Baker — Yea
Chau — Yea
Chu — Yea
Chávez — Yea
McCarty — Yea
Medina — Yea
Mullin — Yea
O'Donnell — Yea
Rendon — Yea
Santiago — Yea
Steinorth — Yea
Ting — Yea
Voepel — Yea
Weber — Yea
Wood — Yea
Friedman — Not Voting
Chiu — Yea
Maienschein — Yea
Cooley — Not Voting
Cooper — Yea
Eggman — Yea
Cunningham — Yea
Daly — Yea
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Not Voting
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Democratic 3000
Republican 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Brough — Yea
Nazarian — Yea
Chau — Yea
Obernolte — Yea
Quirk — Yea
Fong — Yea
Gonzalez Fletcher — Yea
Eggman — Yea
Friedman — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 5000
Republican 1000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Cooley — Yea
Voepel — Yea
Bloom — Yea
Waldron — Yea
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Caballero, Anna M. Democratic Yea
Grayson, Timothy S. Democratic Yea
Lackey, Tom Republican Yea

Official roll call →

Subjects

public-safety housing health-insurance
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Frequently asked questions

What does AB 2238 do?
(1) Existing law, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, provides the authority and procedures for the initiation, conduct, and completion of changes of organization and reorganization of cities and districts. The act specifies the factors that a local agency formation commission is required to consider in the review of a proposal for a change of organization or reorganization, including, among other things, per capita assessed valuation and the proposal's consistency with city or county general and specific plans. This bill would instead require the commission to consider the assessed valuation rather than per capita assessed valuation. The bill would additionally require the commission to consider information contained in a local hazard mitigation plan, information contained in a safety element of a general plan, and any maps that identify land as a very high fire hazard zone or maps that identify land determined to be in a state responsibility area if it is determined that such information is relevant to the area that is the subject of the proposal. By adding to the duties of local agency formation commissions in reviewing a change of organization or reorganization, this bill would impose a state-mandated local program. (2) Existing law, the Planning and Zoning Law, requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and certain land outside its boundaries, that includes, among other specified mandatory elements, a housing element. That law, for the 4th and subsequent revisions of the housing element, requires the Department of Housing and Community Development to determine the existing and projected need for housing for each region, as provided, and requires the appropriate council of governments or for cities and counties without a council of governments, the department, to adopt a final regional housing need plan allocating a share of the regional housing need to each city, county, or city and county. Existing law requires the department to meet and consult with the council of governments regarding the assumptions and methodology to be used by the department to determine the region's housing needs and requires the council of governments to provide data assumptions, including specified information regarding housing availability within the region. This bill would require that the information provided by the council of governments include the loss of units during a state of emergency, as defined, that was declared by the Governor pursuant to the California Emergency Services Act, during the planning period immediately preceding the relevant revision of the housing element that have not been rebuilt or replaced at the time of the data request. Existing law requires the council of governments, or delegate subregion as applicable, to develop a proposed methodology for distributing the existing and projected regional housing need to cities, counties, and cities and counties within the region or subregion, as applicable, that is consistent with specified objectives. Existing law, to the extent that sufficient data is available as provided, requires each council of governments, or delegate subregion as applicable, to include specified factors to develop the methodology that allocates regional housing needs. This bill would require that these factors include the loss of units during a state of emergency, as defined, that was declared by the Governor pursuant to the California Emergency Services Act during the planning period immediately preceding the relevant revision of the housing element that have yet to be rebuilt or replaced at the time of the analysis. By adding to the duties of councils of governments and delegate subregions in determining the regional housing need allocation, this bill would impose a state-mandated local program. (3) Under existing law, whenever a release, spill, escape, or entry of waste occurs, as specified, and the Director of Health Care Services or the local health officer makes specified determinations as to that waste, the director is authorized to declare a health emergency and the local health officer is authorized to declare a local health emergency in the jurisdiction or any area thereof affected by the threat to the public health. Existing law prohibits a local health emergency declared by a local health officer in excess of 7 days unless the board of supervisors or city council, as applicable, ratifies the local health emergency. Existing law requires the board of supervisors or city council, as applicable, to review the need for continuing the local health emergency at least every 14 days and requires the board of supervisors or city council to terminate the local health emergency at the earliest possible date that conditions warrant. This bill would extend the periodic review of a local health emergency by a board of supervisors or city council from every 14 days to every 30 days. (4) This bill would incorporate additional changes to Section 65584.01 of the Government Code proposed by AB 1771 and SB 828 to be operative only if this bill and either or both AB 1771 and SB 828 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 65584.04 of the Government Code proposed by AB 1771 and SB 828 to be operative only if this bill and either or both AB 1771 and SB 828 are enacted and this bill is enacted last. (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 2238?
AB 2238 is sponsored by Aguiar-Curry, Cecilia M. (Democratic).
What is the current status of AB 2238?
This bill has been enacted into law. Introduced February 13, 2018. Enacted.
Where can I track AB 2238?
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