FLOOR SESSION AGENDA - Regular Session: 10:00 a.m.

SB 1438, as it passed the Senate, revised and recast provisions regulating investment of public funds by specified local agencies to, among other things, authorize investment in commercial paper issued by an entity organized as a federally or state-chartered bank or a federally or state-licensed branch of a foreign bank and in senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the Inter-American Investment Corporation. SB 1438, as it passed the Senate, removed the January 1, 2031, sunset date for investments in United States-issued securities in a period of negative market interest rates, thereby extending that exception indefinitely. SB 1438, as it passed the Senate, also revised and recast provisions that impose various limits on local government investment in commercial paper and removed the January 1, 2031, reduction of the maximum investment to 25% of total investment for certain local governments and agencies with $100,000,000 or more in investment assets. For a county, city and county, or local agency that pools money in deposits or investments with other agencies, SB 1438, as it passed the Senate, authorized an eligible bank headquartered outside the state to submit letters of credit drawn on its regional federal home loan bank.

The Assembly amendments make nonsubstantive changes to the above-described provisions, including updating cross-references.

Vote: 21. Substantial substantive change: no.

SB 1088, as it passed the Senate, replaced the term “Physician Orders for Life Sustaining Treatment” with “POLST” or “Portable Orders Listing Scope of Treatment” and authorized a request regarding resuscitative measures to be entered into by an individual with capacity or a health care agent, conservator, or surrogate, as defined, and a physician, nurse practitioner, or physician assistant acting under the supervision of the physician. SB 1088, as it passed the Senate, required the POLST document to contain the date on which it was signed by the health care provider and the patient or their health care agent, conservator, or surrogate but clarified that the failure to include this date would not invalidate an otherwise valid POLST form and specified that a dated POLST form should be treated as more recent than an undated POLST.

The Assembly amendments removed the requirements relating to having the date on the POLST form. The Assembly amendments also require a conservator signing a request regarding resuscitative measures to have health care decisionmaking authority and authorize additional categories of nurse practitioner to sign the document.

Vote: 21. Substantial substantive change: yes.

SB 96, as it passed the Senate, prohibited, among other things, a social media video service, as defined, from transmitting the audio of commercial advertisements louder than the content the advertisements accompany.

The Assembly amendments delete references to social media video service and instead clarify that a video streaming service includes a user-generated video streaming service.

Vote: 21. Substantial substantive change: yes.

SB 965, as it passed the Senate, prohibited a public library from requiring the presence of a parent or guardian for the issuance of a library card to a California resident who is 16 or 17 years of age.

The Assembly amendments delay the commencement of that prohibition to January 1, 2028, and authorize a public library to require a parent’s or guardian’s consent or signature for the issuance of a library card to a California resident who is 16 or 17 years of age unless the minor is emancipated.

Vote: 21. Substantial substantive change: yes.

SB 971, as it passed the Senate, established the Healthy Aging Community Partnerships Program to authorize, among other entities, a local school district to establish community-based programs for older adults designed to promote healthy aging, social engagement, and independent living, as specified.

The Assembly amendments authorize community colleges, public or private colleges, public or private universities, and other appropriate county entities to establish a Healthy Aging Community Partnership Program for older individuals and specifies that these provisions do not duplicate or supplant current adult courses, classes, and services provided by the California Community Colleges, including through the Adult Education Program, as provided.

Vote: 21. Substantial substantive change: yes.

Senate Bill 1169, as it passed the Senate, revised various expiration periods and allowable extensions for tentative maps approved pursuant to the Subdivision Map Act, as provided, including, among other things, extending the initial expiration period from 24 months to 8 years.

The Assembly amendments instead extend the initial expiration period to 48 months and additionally apply the various expiration periods and allowable extensions to any approved or conditionally approved tentative map that is not expired as of December 31, 2026.

Vote: 21. Substantial substantive change: yes.

Senate Bill 1117, as it passed the Senate, required any impact fees charged for certain accessory dwelling units to be charged only on the area in excess of 750 square feet of interior livable space, as specified.

The Assembly amendments, instead, apply the above-described limitation on impact fees for certain accessory dwelling units to up to two accessory dwelling units on a lot for properties with no more than two accessory dwellings units on the lot, as specified.

Vote: 21. Substantial substantive change: yes.

SB 501, as it passed the Senate, amended the Responsible Battery Recycling Act of 2022 to categorize all covered batteries as either small format batteries or a medium format batteries and revised the existing requirements for a stewardship plan to provide collection sites to account for these categories of covered batteries.

The Assembly amendments further clarify the definition of “medium format battery” and the requirements for providing collection sites. The Assembly amendments also (1) add new requirements for stewardship plans relating to consultation and coordination with certain entities, annual audit requirements, and document retention and accessibility, and (2) authorize the Department of Toxic Substances Control and certain local officers and agencies to enter and inspect specified locations related to activities regulated under the act.

Vote: 21. Substantial substantive change: yes.

SB 503, as it passed the Senate required developers of patient care decision support tools, as defined, and health facilities, clinics, physician’s offices, or offices of a group practice to make reasonable efforts to identify uses of patient care decision support tools in health programs or activities that employ input variables or factors that measure a protected characteristic. SB 503, as it passed the Senate also required developers to ensure that patient care decision support tools are tested for biased impacts in the outputs produced by the tool at least every 3 years.

The Assembly amendments, instead, require developers and deployers to make reasonable efforts to identify artificial intelligence systems used to support clinical decision making or health care resource allocation that are known or have a reasonably foreseeable risk of biased in the system’s outputs resulting from use of the system in health programs or activities. The Assembly amendments require developers and deployers to make reasonable efforts to mitigate risk for biased impacts in the system’s outputs, as specified, and beginning January 1, 2027, require developers to provide a report identifying compliance efforts with the above-described provisions to the department before making an artificial intelligence system commercially or publicly available to a deployer, as specified. The Assembly amendments also require deployers, beginning January 1, 2027, to annually provide the State Department of Public Health with a report identifying their efforts to comply with identification, mitigation, and monitoring requirements established pursuant to these provisions.

Vote: 21. Substantial substantive change: yes.

SB 700, as it passed the Senate, repealed the provisions establishing the Bank on California Program, which is a voluntary collaborative initiative that assists Californians in opening a bank or credit union account and saving for the future.

The Assembly amendments, instead, authorize the Capital Programs and Climate Financing Authority to establish one or more small business assistance funds to fund a grant program for community development financial assistance pursuant to the California Investment and Innovation Program. The Assembly amendments include in the list of allowed financial assistance that the authority may provide under the act grants made to community development financial institutions in furtherance of that program. The Assembly amendments make an appropriation by expanding the purposes for which moneys in a continuously appropriated fund may be used.

Vote: 27. Substantial substantive change: yes.

Senate Bill 742, as it passed the Senate, required the Public Utilities Commission to update a general order to require each electrical corporation to remove all permanently abandoned transmission facilities, as defined, and required that an electrical corporation’s wildfire mitigation plan include an accounting of all transmission facilities, including permanently abandoned transmission facilities, and a plan for how and when each permanently abandoned transmission facility will be removed, among other requirements, as provided. SB 742, as it passed the Senate, defined “permanently abandoned transmission facility” to mean a transmission facility that is out of service and the owner cannot demonstrate, with appropriate documentation, an intent to place the facility, or portions of the facility, into service within a time determined by the commission.

The Assembly amendments specify in the definition of “permanently abandoned transmission facility” that whether the facility is out of service is determined by the commission.

Vote: 21. Substantial substantive change: yes.

SB 916, as it passed the Senate, authorized a defendant, in response to a plaintiff challenge to a student housing development, to request an order requiring the plaintiff to furnish an undertaking as security for costs and damages that may be incurred by the defendant if the bringing of the action would result in preventing or delaying the project.

The Assembly amendments make a conforming change to specify that the request that the plaintiff furnish an undertaking in an action to challenge a student housing development be made on the grounds that, inter alia, the action was made to thwart the student housing nature of the student development project. The Assembly amendments also double joint SB 916 with SB 1344 to avoid potential chaptering conflicts.

Vote: 21. Substantial substantive change: yes.

SB 974, as it passed the Senate, revised the definition of “transfer” for purposes of certain property tax valuation provisions to specify that the medium of an inter vivos or testamentary trust includes, but is not limited to, a special needs trust.

The Assembly amendments would instead require that a special needs trust established as prescribed be considered an eligible medium of transfer. The Assembly amendments would also correct erroneous cross-references and make a nonsubstantive change.

Vote: 21. Substantial substantive change: yes.

SB 1267, as it passed the Senate, among other things, required the owner of a separate interest of a common interest development to enter into a maintenance and indemnity agreement, if requested by the association, as provided, to install an electric vehicle charging station in a common area for the exclusive use of the owner.

The Assembly amendments remove that requirement.

Vote: 21. Substantial substantive change: yes.