California 2019-2020 Regular Session Status: Enacted 1 D cosponsors

AB 38 — Fire safety: low-cost retrofits: regional capacity review: wildfire mitigation.

Last action — Chaptered by Secretary of State - Chapter 391, Statutes of 2019.

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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 December 03, 2018. Enacted.

Prognosis

Likely to advance 76% · 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.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 12 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 requires the Director of Forestry and Fire Protection to designate specified areas as very high fire hazard severity zones and requires a person who owns, leases, controls, operates, or maintains a building or structure in, upon, or adjoining a mountainous area, forest-covered lands, brush-covered lands, grass-covered lands, or land that is covered with flammable material to take specified measures to protect that building or structure from wildfires. This bill would require the Natural Resources Agency, by July 1, 2021, and in consultation with the State Fire Marshal and the Forest Management Task Force, to review the regional capacity of each county that contains a very high fire hazard severity zone to improve forest health, fire resilience, and safety, as specified. The bill would require the Natural Resources Agency to make the review publicly available on its internet website. On or after July 1, 2021, the bill would require a seller of real property located in a high or very high fire hazard severity zone to provide specified documentation to the buyer that the real property is in compliance with the wildfire protection measures described above or a local vegetation management ordinance, or enter into an agreement with the buyer pursuant to which the buyer will obtain documentation of compliance, as provided. (2) Existing law requires the State Fire Marshal, by January 31, 2020, to develop a list of low-cost retrofits that provide for comprehensive site and structure fire risk reduction to protect structures from fires spreading from adjacent structures or vegetation and to protect vegetation from fires spreading from adjacent structures. This bill, on or after January 1, 2021, would require the seller of any real property located in a high or very high fire hazard severity zone to provide a prescribed disclosure notice to the buyer, if the home was constructed before January 1, 2020, of information relating to fire hardening improvements on the property and a list of specified features that may make the home vulnerable to wildfire and flying embers and which features, if any, that exist on the home of which the seller is aware. The bill, on or after July 1, 2025, would require the disclosure notice to also include the State Fire Marshal's list of low-cost retrofits. The bill would also require a seller who has obtained a specified final inspection report to provide to the buyer a copy of that report or information on where a copy may be obtained. (3) Existing law establishes, within the office of the Governor, the Office of Emergency Services, under the direction of the Director of Emergency Services. Existing law charges the Office of Emergency Services with coordinating various emergency activities within the state. The Joint Exercise of Powers Act authorizes 2 or more public agencies, if authorized by their legislative or other governing bodies, to enter into an agreement to jointly exercise any power common to the contracting parties, as provided. That act requires, among other things, that the agreement state the purpose of agreement or power to be exercised and provides for the method by which the purpose will be accomplished or the manner in which the power will be exercised. This bill would require the Office of Emergency Services to enter into a joint powers agreement pursuant to the Joint Exercise of Powers Act with the Department of Forestry and Fire Protection to develop and administer a comprehensive wildfire mitigation program to, among other things, encourage cost-effective structure hardening and retrofitting to create fire-resistant homes, businesses, and public buildings. The bill would require the State Fire Marshal, in consultation with specified state officials, to identify building retrofits and structure hardening measures, and the Department of Forestry and Fire Protection to identify defensible space, vegetation management, and fuel modification activities, that are eligible for financial assistance under the program. The bill would specify the types of designated wildfire hazard areas eligible for funding under the program. The bill would authorize the joint powers authority administering the program to accept federal funds for the bill's purposes. The bill would require the joint powers authority to develop criteria and a scoring methodology to prioritize financial assistance provided through the program based on specific factors. The bill would impose specified reporting requirements on the joint powers authority and authorize it to enter into cooperative agreements with other federal, state, regional, and local agencies. The bill would make the operation of the program contingent upon an appropriation by the Legislature and would repeal the program's provisions on July 1, 2025.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 391, Statutes of 2019.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 3608.).

  5. From committee: That the Senate amendments be concurred in. (Ayes 9. Noes 0.) (September 13).

  6. Joint Rule 62(a), file notice suspended. (Page 3552.)

  7. From committee: That the Senate amendments be concurred in, but first be re-referred to Com. on NAT. RES. (Ayes 17. Noes 0.) (September 13). Re-referred to Com. on NAT. RES.

  8. Joint Rule 62(a), file notice suspended. (Page 3512.)

  9. Re-referred to Coms. on G.O. and NAT. RES. pursuant to Assembly Rule 77.2.

  10. In Assembly. Concurrence in Senate amendments pending.

  11. Read third time. Passed. Ordered to the Assembly. (Ayes 35. Noes 2. Page 2860.).

  12. Read second time. Ordered to third reading.

  13. Read third time and amended. Ordered to second reading.

  14. Read second time. Ordered to third reading.

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

  16. From committee: Amend, and do pass as amended. (Ayes 5. Noes 1.) (August 30).

  17. In committee: Referred to APPR. suspense file.

  18. From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 1.) (July 9). Re-referred to Com. on APPR.

  19. Read second time and amended. Re-referred to Com. on G.O.

  20. From committee: Amend, and do pass as amended and re-refer to Com. on G.O. (Ayes 8. Noes 1.) (June 25).

  21. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on N.R. & W.

  22. Referred to Coms. on N.R. & W. and G.O.

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

  24. Read third time. Passed. Ordered to the Senate. (Ayes 70. Noes 2. Page 1915.)

  25. Read second time. Ordered to third reading.

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

  27. From committee: Amend, and do pass as amended. (Ayes 14. Noes 1.) (May 16).

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

  29. Re-referred to Com. on APPR.

  30. Read second time and amended.

  31. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 1.) (April 22).

  32. Re-referred to Com. on NAT. RES.

  33. From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.

  34. Re-referred to Com. on NAT. RES.

  35. Read second time and amended.

  36. From committee: Amend, and do pass as amended and re-refer to Com. on NAT. RES. (Ayes 14. Noes 1.) (April 3).

  37. Re-referred to Com. on G.O.

  38. From committee chair, with author's amendments: Amend, and re-refer to Com. on G.O. Read second time and amended.

  39. Referred to Coms. on G.O. and NAT. RES.

  40. From printer. May be heard in committee January 3.

  41. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on · 1 voted No

Sponsors (1)

  • Wood

Co-sponsors (2)

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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

Passed 78 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 51001
Democratic 22000
Republican 5000
Total 78001
% of votes cast 99%0%0%1%
How each member voted (79)
Member Party Vote
Mathis — Yea
Cooley — Yea
Diep — Yea
Chau — Yea
Quirk — Yea
Low — Yea
Burke — Yea
Cooper — Yea
Rendon — Yea
Smith — Yea
Cunningham — Yea
Gonzalez — Yea
Bloom — Yea
Voepel — Yea
Rodriguez — Yea
Chiu — Yea
Gray — Yea
Maienschein — Yea
Mullin — Yea
Kamlager-Dove — Yea
Medina — Yea
Chu — Yea
Ting — Yea
McCarty — Yea
O'Donnell — Yea
Waldron — Yea
Salas — Yea
Brough — Yea
Gloria — Yea
Holden — Yea
Daly — Yea
Jones-Sawyer — Yea
Friedman — Yea
Nazarian — Yea
Weber — Yea
Fong — Yea
Kiley — Yea
Mayes — Yea
Frazier — Yea
Bigelow — Yea
Santiago — Yea
Eggman — Yea
Levine — Yea
Wood — Yea
Melendez — Yea
Obernolte — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia 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
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Passed 9 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 6002
Democratic 2000
Republican 1000
Total 9002
% of votes cast 82%0%0%18%
How each member voted (11)
Member Party Vote
Friedman — Yea
Mathis — Yea
Melendez — Yea
Chau — Yea
Eggman — Not Voting
McCarty — Not Voting
Cristina Garcia — Yea
Mark Stone — Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Flora, Heath Republican Yea

Official roll call →

Passed 17 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 5002
Unaffiliated 10002
Republican 2000
Total 17004
% of votes cast 81%0%0%19%
How each member voted (21)
Member Party Vote
Cooper — Yea
Salas — Yea
Brough — Yea
Low — Yea
Gray — Yea
Mathis — Yea
Bigelow — Yea
Daly — Yea
Cooley — Yea
Jones-Sawyer — Yea
Melendez — Not Voting
Eduardo Garcia — Not Voting
Aguiar-Curry, Cecilia M. Democratic Not Voting
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Gipson, Mike A. Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Rivas, Robert Democratic Not Voting
Rubio, Blanca E. Democratic Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Passed 35 Yea · 2 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 24102
Democratic 10000
Republican 1101
Total 35203
% of votes cast 88%5%0%8%
How each member voted (40)
Member Party Vote
Rubio — Yea
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Wilk — Yea
Beall — Yea
Atkins — Yea
Hill — Yea
Roth — Yea
Hueso — Yea
Leyva — Yea
Dodd — Yea
Moorlach — Yea
Skinner — Yea
Allen — Yea
Borgeas — Yea
Galgiani — Yea
Hertzberg — Yea
Portantino — Yea
Glazer — Yea
Chang — Yea
Pan — Yea
Morrell — Nay
Bates — Not Voting
Nielsen — Not Voting
Mark Stone — Yea
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended

Passed 5 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4001
Democratic 1000
Republican 0100
Total 5101
% of votes cast 71%14%0%14%
How each member voted (7)
Member Party Vote
Wieckowski — Yea
Portantino — Yea
Hill — Yea
Bradford — Yea
Bates — Not Voting
Durazo, Maria Elena Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 5000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Wieckowski — Yea
Portantino — Yea
Bates — Yea
Hill — Yea
Bradford — Yea
Durazo, Maria Elena Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Passed 13 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 11002
Democratic 2000
Republican 0100
Total 13102
% of votes cast 81%6%0%13%
How each member voted (16)
Member Party Vote
Dodd — Yea
Rubio — Yea
Allen — Yea
Galgiani — Yea
Portantino — Yea
Hill — Yea
Hueso — Yea
Nielsen — Yea
Bradford — Yea
Chang — Yea
Wilk — Yea
Borgeas — Not Voting
Glazer — Not Voting
Archuleta, Bob Democratic Yea
Wiener, Scott D. Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

Passed 8 Yea · 1 Nay
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 5000
Republican 0100
Total 8100
% of votes cast 89%11%0%0%
How each member voted (9)
Member Party Vote
Allen — Yea
Monning — Yea
Borgeas — Yea
Hertzberg — Yea
Hueso — Yea
Caballero, Anna M. Democratic Yea
Jackson, Corey A. Democratic Yea
Stern, Henry I. Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

Passed 70 Yea · 2 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 41205
Democratic 24001
Republican 5002
Total 70208
% of votes cast 88%3%0%10%
How each member voted (80)
Member Party Vote
Salas — Yea
Kiley — Yea
Mayes — Yea
Frazier — Yea
Bigelow — Yea
Smith — Yea
Gonzalez — Yea
Diep — Yea
Chau — Yea
Gloria — Yea
Bloom — Yea
Rodriguez — Yea
Santiago — Yea
Voepel — Yea
Chiu — Yea
Gray — Yea
Holden — Yea
Daly — Yea
Eggman — Yea
Maienschein — Yea
Jones-Sawyer — Yea
Quirk — Yea
Mullin — Yea
Friedman — Yea
Ting — Yea
Kamlager-Dove — Yea
Levine — Yea
McCarty — Yea
Low — Yea
Nazarian — Yea
Burke — Yea
Cooper — Yea
Wood — Yea
Medina — Yea
Rendon — Yea
Chu — Yea
O'Donnell — Yea
Weber — Yea
Waldron — Yea
Obernolte — Nay
Melendez — Nay
Brough — Not Voting
Mathis — Not Voting
Cooley — Not Voting
Cunningham — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Not Voting
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Not Voting
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
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Not Voting
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass as amended.

Passed 14 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 6001
Unaffiliated 8102
Total 14103
% of votes cast 78%6%0%17%
How each member voted (18)
Member Party Vote
Bloom — Yea
Maienschein — Yea
Quirk — Yea
Eggman — Yea
Gonzalez — Yea
Diep — Yea
Chau — Yea
Obernolte — Nay
Brough — Not Voting
Bigelow — Not Voting
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Fong, Mike Democratic Not Voting
Gabriel, Jesse Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Rivas, Robert Democratic Yea

Official roll call →

Passed 9 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6101
Democratic 2000
Republican 1000
Total 9101
% of votes cast 82%9%0%9%
How each member voted (11)
Member Party Vote
Friedman — Yea
McCarty — Yea
Eggman — Yea
Chau — Yea
Melendez — Nay
Mathis — Not Voting
Cristina Garcia — Yea
Mark Stone — Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Flora, Heath Republican Yea

Official roll call →

Passed 14 Yea · 1 Nay · 6 Other
Party YeaNayPresentNot Voting
Democratic 6000
Unaffiliated 8104
Republican 0002
Total 14106
% of votes cast 67%5%0%29%
How each member voted (21)
Member Party Vote
Cooper — Yea
Salas — Yea
Low — Yea
Gray — Yea
Kamlager-Dove — Yea
Daly — Yea
Cooley — Yea
Jones-Sawyer — Yea
Melendez — Nay
Brough — Not Voting
Mathis — Not Voting
Bigelow — Not Voting
Eduardo Garcia — Not Voting
Aguiar-Curry, Cecilia M. Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Gipson, Mike A. Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Gallagher, James Republican Not Voting
Lackey, Tom Republican Not Voting

Official roll call →

Subjects

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Frequently asked questions

What does AB 38 do?
(1) Existing law requires the Director of Forestry and Fire Protection to designate specified areas as very high fire hazard severity zones and requires a person who owns, leases, controls, operates, or maintains a building or structure in, upon, or adjoining a mountainous area, forest-covered lands, brush-covered lands, grass-covered lands, or land that is covered with flammable material to take specified measures to protect that building or structure from wildfires. This bill would require the Natural Resources Agency, by July 1, 2021, and in consultation with the State Fire Marshal and the Forest Management Task Force, to review the regional capacity of each county that contains a very high fire hazard severity zone to improve forest health, fire resilience, and safety, as specified. The bill would require the Natural Resources Agency to make the review publicly available on its internet website. On or after July 1, 2021, the bill would require a seller of real property located in a high or very high fire hazard severity zone to provide specified documentation to the buyer that the real property is in compliance with the wildfire protection measures described above or a local vegetation management ordinance, or enter into an agreement with the buyer pursuant to which the buyer will obtain documentation of compliance, as provided. (2) Existing law requires the State Fire Marshal, by January 31, 2020, to develop a list of low-cost retrofits that provide for comprehensive site and structure fire risk reduction to protect structures from fires spreading from adjacent structures or vegetation and to protect vegetation from fires spreading from adjacent structures. This bill, on or after January 1, 2021, would require the seller of any real property located in a high or very high fire hazard severity zone to provide a prescribed disclosure notice to the buyer, if the home was constructed before January 1, 2020, of information relating to fire hardening improvements on the property and a list of specified features that may make the home vulnerable to wildfire and flying embers and which features, if any, that exist on the home of which the seller is aware. The bill, on or after July 1, 2025, would require the disclosure notice to also include the State Fire Marshal's list of low-cost retrofits. The bill would also require a seller who has obtained a specified final inspection report to provide to the buyer a copy of that report or information on where a copy may be obtained. (3) Existing law establishes, within the office of the Governor, the Office of Emergency Services, under the direction of the Director of Emergency Services. Existing law charges the Office of Emergency Services with coordinating various emergency activities within the state. The Joint Exercise of Powers Act authorizes 2 or more public agencies, if authorized by their legislative or other governing bodies, to enter into an agreement to jointly exercise any power common to the contracting parties, as provided. That act requires, among other things, that the agreement state the purpose of agreement or power to be exercised and provides for the method by which the purpose will be accomplished or the manner in which the power will be exercised. This bill would require the Office of Emergency Services to enter into a joint powers agreement pursuant to the Joint Exercise of Powers Act with the Department of Forestry and Fire Protection to develop and administer a comprehensive wildfire mitigation program to, among other things, encourage cost-effective structure hardening and retrofitting to create fire-resistant homes, businesses, and public buildings. The bill would require the State Fire Marshal, in consultation with specified state officials, to identify building retrofits and structure hardening measures, and the Department of Forestry and Fire Protection to identify defensible space, vegetation management, and fuel modification activities, that are eligible for financial assistance under the program. The bill would specify the types of designated wildfire hazard areas eligible for funding under the program. The bill would authorize the joint powers authority administering the program to accept federal funds for the bill's purposes. The bill would require the joint powers authority to develop criteria and a scoring methodology to prioritize financial assistance provided through the program based on specific factors. The bill would impose specified reporting requirements on the joint powers authority and authorize it to enter into cooperative agreements with other federal, state, regional, and local agencies. The bill would make the operation of the program contingent upon an appropriation by the Legislature and would repeal the program's provisions on July 1, 2025.
Who sponsors AB 38?
AB 38 is sponsored by Wood, Stern, Henry I. (Democratic), and Levine.
What is the current status of AB 38?
This bill has been enacted into law. Introduced December 03, 2018. Enacted.
Where can I track AB 38?
Track AB 38 free on One Click Politics — get push/email alerts when it moves.

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