Bill Text: CA SB288 | 2019-2020 | Regular Session | Amended

California Senate Bill 288 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: California Environmental Quality Act: exemptions: transportation-related projects.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2020-09-28 - Chaptered by Secretary of State. Chapter 200, Statutes of 2020. [SB288 Detail]

Download: California-2019-SB288-Amended.html

Amended IN Assembly June 03, 2020

Amended IN Assembly September 04, 2019

Amended IN Assembly August 19, 2019

Amended IN Assembly July 09, 2019

Amended IN Assembly June 19, 2019

Amended IN Senate May 17, 2019

Amended IN Senate May 01, 2019

Amended IN Senate March 28, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 288

Introduced by Senator Wiener
~~(Principal coauthors: Assembly Members Chiu and Gonzalez)(Coauthors: Senators Allen, Caballero, Durazo, Lena Gonzalez, Hueso, and Pan)(Coauthors: Assembly Members Bonta, Santiago, and Ting)~~

February 13, 2019

~~An act to amend Section 7800 of, to add Section 7217 to, and add and repeal Sections 7231 and 7785 of, the Elections Code, relating to political parties.~~ An act to amend Sections 21080 and 21080.20 of, and to add Section 21080.25 to, the Public Resources Code, relating to environmental quality.

LEGISLATIVE COUNSEL'S DIGEST

SB 288, as amended, Wiener. ~~Democratic Party of California: Peace and Freedom Party of California: county central committees.~~ California Environmental Quality Act: exemptions.

(1) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.
CEQA includes exemptions from its environmental review requirements for numerous categories of projects, including, among others, projects for the institution or increase of passenger or commuter services on rail or highway rights-of-way already in use and projects for the institution or increase of passenger or commuter service on high-occupancy vehicle lanes already in use, as specified.
This bill would revise and recast the above-described exemptions and further exempt from the requirements of CEQA certain projects for the institution or increase of bus rapid transit and regional rail services on public rail or highway rights of way, as specified, whether or not it is presently used for public transit, as specified, and projects for the institution or increase of passenger or commuter service on high-occupancy vehicle lanes or existing roadway shoulders. The bill would additionally exempt projects for rail, light rail, and bus maintenance, repair, storage, administrative, and operations facilities; and projects for the repair or rehabilitation of publicly-owned local, major or minor collector, or minor arterial or major arterial bridges, as specified. The bill would require those exempt projects to meet additional specified criteria. The bill would require the lead agency to certify that those projects will be carried out by a skilled and trained workforce, except as provided.
This bill would exempt from the requirements of CEQA projects for zero-emission fueling stations and chargers and projects for pedestrian and bicycle facilities. By requiring a lead agency to determine the applicability of this exemption, this bill would impose a state-mandated local program.
(2) CEQA, until January 1, 2021, exempts from its requirements bicycle transportation plans for an urbanized area for restriping of streets and highways, bicycle parking and storage, signal timing to improve street and highway intersection operations, and related signage for bicycles, pedestrians, and vehicles under certain conditions.
This bill would extend the above exemption until January 1, 2030.
(3) 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.
Existing law provides procedures for the election of members to county central committees of certain political parties, including the Democratic Party of California and the Peace and Freedom Party of California. A person is generally not eligible for appointment or election to a county central committee unless the person is registered as affiliated with the political party at the time of the person’s appointment or election. Existing law requires that a person’s political party preference be shown on the person’s affidavit of registration at the time the person registers to vote. The affidavit of registration must show the facts necessary to establish voter eligibility, including that the applicant is a United States citizen.
This bill would permit certain persons who are not United States citizens, including lawful permanent residents and persons who are or were in deferred action status under the federal Deferred Action for Childhood Arrivals (DACA) policy, to be candidates for, and members of, a county central committee of the Democratic Party of California or the Peace and Freedom Party of California if, among others things, the bylaws of the state or county central committee, as applicable, permit such persons to be a candidate and a member, the state or county central committee, as applicable, makes available a specified risk disclosure form, the county elections official provides a prescribed warning notice, and the persons each file a prescribed declaration of intent with the county elections official.
~~By increasing the duties of county elections officials, this bill would impose a state-mandated local program.~~
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

The people of the State of California do enact as follows:

SECTION 1.
(a) The Legislature finds and declares all of the following:
(1) The novel coronavirus (COVID-19) pandemic that has killed tens of thousands of Americans has also left 4.5 million Californians or 23 percent of the workforce unemployed, and that number is growing. We are now anticipating a period of extreme and prolonged economic strain.
(2) There are approximately 1.6 million transportation workers statewide. These jobs are also increasingly at risk as the COVID-19 pandemic has left transit and transportation agencies, cities, and the state with shrunken budgets. For the foreseeable future, transit and transportation agencies and cities will need to do more with less.
(3) Investments in building public transit, complete streets, and bicycle lanes are proven job generators and can help California avoid an extreme and prolonged recession by growing and protecting jobs. Studies have shown that complete streets projects create an average of 10 jobs per one million dollars. Investments in public transportation result in an average of 13 jobs per one million dollars spent and have a 5 to 1 economic return.
(4) California’s road to recovery cannot be crowded with cars. As other cities around the world are reopening their economies, they are experiencing a surge in driving. California will fail to meet its ambitious goals to reduce greenhouse gas emissions and curb pollution if auto traffic surges.
(5) If California fails to prevent the surge in driving as the state reopens, it will continue to disadvantage the state’s most vulnerable populations. African American and Hispanic populations already shoulder a disproportionate burden of the state’s air pollution and have higher rates of the underlying conditions that make COVID-19 especially dangerous.
(6) The way to prevent this surge in driving and put people to work quickly in high-quality jobs is by building out a transportation network that gets people where they need to go safely, reliably, and affordably. High-quality public transit, bicycle, and pedestrian projects create a more equitable California by improving access to jobs, services, and medical care; saving lives by reducing collisions; improving transportation choices; reducing air pollution; and increasing household disposable income.
(7) Now is an ideal time to make investments in transit and sustainable transportation. This is the time when construction will have the least disruption to riders, drivers, and local businesses.
(8) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code)(CEQA) is the state’s foremost law for safeguarding the state’s remarkable biodiversity and for ensuring community involvement in discretionary project approvals made by state, local, and regional agencies.
(9) The Legislature understands the value of CEQA and also understands the value of transit and sustainable transportation to our communities. Transit and sustainable transportation can help preserve and create jobs, grow local and regional economies, reduce emissions, connect communities, and create safe, affordable, and reliable mobility choices for all. When projects are delayed by litigation, often lasting three to five years, so too are the economic, environmental, and social benefits.
(10) The amendments to CEQA made by this act address only sustainable transportation projects that can accelerate the construction of projects to preserve and grow jobs while ensuring quick progress towards California’s environment and the public health of Californians.
(b) It is the intent of the Legislature to reduce the time and cost associated with delivering transit and sustainable transportation projects in the state, based on the need to rapidly create, attract, and protect jobs; increase access to safe and affordable transportation; decarbonize our transportation system; and improve mobility and connectivity throughout California. The Legislature intends to establish additional statutory exemptions from CEQA for public transit, bicycle, and pedestrian enhancement projects that significantly enhance service quality, enhance access to transit, reduce pollution, and improve the safety of our streets.
(c) The Legislature further finds and declares the projects described in Section 4 of this act do not have a significant impact on the environment and are declared to be statutorily exempt from the requirements of CEQA to prepare environmental documents.

SEC. 2.

Section 21080 of the Public Resources Code is amended to read:

21080.

(a) Except as otherwise provided in this division, this division shall apply to discretionary projects proposed to be carried out or approved by public agencies, including, but not limited to, the enactment and amendment of zoning ordinances, the issuance of zoning variances, the issuance of conditional use permits, and the approval of tentative subdivision maps unless the project is exempt from this division.

(b) This division does not apply to any of the following activities:

(1) Ministerial projects proposed to be carried out or approved by public agencies.

(2) Emergency repairs to public service facilities necessary to maintain service.

(3) Projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code.

(4) Specific actions necessary to prevent or mitigate an emergency.

(5) Projects ~~which~~ that a public agency rejects or disapproves.

(6) Actions undertaken by a public agency relating to any thermal powerplant site or facility, including the expenditure, obligation, or encumbrance of funds by a public agency for planning, engineering, or design purposes, or for the conditional sale or purchase of equipment, fuel, water (except groundwater), steam, or power for a thermal powerplant, if the powerplant site and related facility will be the subject of an environmental impact report, negative declaration, or other document, prepared pursuant to a regulatory program certified pursuant to Section 21080.5, which will be prepared by the State Energy Resources Conservation and Development Commission, by the Public Utilities Commission, or by the city or county in which the powerplant and related facility would be located if the environmental impact report, negative declaration, or document includes the environmental impact, if any, of the action described in this paragraph.

(7) Activities or approvals necessary to the bidding for, hosting or staging of, and funding or carrying out of, an Olympic games under the authority of the International Olympic Committee, except for the construction of facilities necessary for the Olympic games.

(8) The establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies ~~which~~ that the public agency finds are for the purpose of (A) meeting operating expenses, including employee wage rates and fringe benefits, (B) purchasing or leasing supplies, equipment, or materials, (C) meeting financial reserve needs and requirements, (D) obtaining funds for capital projects necessary to maintain service within existing service areas, or (E) obtaining funds necessary to maintain those intracity transfers as are authorized by city charter. The public agency shall incorporate written findings in the record of any proceeding in which an exemption under this paragraph is claimed setting forth with specificity the basis for the claim of exemption.

(9) All classes of projects designated pursuant to Section 21084.

(10)A project for the institution or increase of passenger or commuter services on rail or highway rights-of-way already in use, including modernization of existing stations and parking facilities. For purposes of this paragraph, “highway” shall have the same meaning as defined in Section 360 of the Vehicle Code.
~~(11)A project for the institution or increase of passenger or commuter service on high-occupancy vehicle lanes already in use, including the modernization of existing stations and parking facilities.~~
~~(12)~~

(10) Facility extensions not to exceed four miles in length which are required for the transfer of passengers from or to exclusive public mass transit guideway or busway public transit services.

~~(13)~~

(11) A project for the development of a regional transportation improvement program, the state transportation improvement program, or a congestion management program prepared pursuant to Section 65089 of the Government Code.

~~(14)~~

(12) Any project or portion ~~thereof~~ of a project located in another state ~~which~~ that will be subject to environmental impact review pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) or similar state laws of that state. Any emissions or discharges that would have a significant effect on the environment in this state are subject to this division.

~~(15)~~

(13) Projects undertaken by a local agency to implement a rule or regulation imposed by a state agency, board, or commission under a certified regulatory program pursuant to Section 21080.5. Any site-specific effect of the project ~~which~~ that was not analyzed as a significant effect on the environment in the plan or other written documentation required by Section 21080.5 is subject to this division.

(14) Publicly accessible zero-emission fueling stations and chargers in an urbanized area.
(15) Pedestrian and bicycle facilities, including new facilities. For purposes of this paragraph, “bicycle facilities” include, but are not limited to, bicycle parking, bicycle sharing facilities, and bicycle lanes.

(c) If a lead agency determines that a proposed project, not otherwise exempt from this division, would not have a significant effect on the environment, the lead agency shall adopt a negative declaration to that effect. The negative declaration shall be prepared for the proposed project in either of the following circumstances:

(1) There is no substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment.

(2) An initial study identifies potentially significant effects on the environment, but (A) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (B) there is no substantial evidence, in light of the whole record before the lead agency, that the project, as revised, may have a significant effect on the environment.

(d) If there is substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment, an environmental impact report shall be prepared.

(e) (1) For ~~the~~ purposes of this section and this division, substantial evidence includes fact, a reasonable assumption predicated upon fact, or expert opinion supported by fact.

(2) Substantial evidence is not argument, speculation, unsubstantiated opinion or narrative, evidence that is clearly inaccurate or erroneous, or evidence of social or economic impacts that do not contribute to, or are not caused by, physical impacts on the environment.

(f) As a result of the public review process for a mitigated negative declaration, including administrative decisions and public hearings, the lead agency may conclude that certain mitigation measures identified pursuant to paragraph (2) of subdivision (c) are infeasible or otherwise undesirable. In those circumstances, the lead agency, prior to approving the project, may delete those mitigation measures and substitute for them other mitigation measures that the lead agency finds, after holding a public hearing on the matter, are equivalent or more effective in mitigating significant effects on the environment to a less than significant level and that do not cause any potentially significant effect on the environment. If those new mitigation measures are made conditions of project approval or are otherwise made part of the project approval, the deletion of the former measures and the substitution of the new mitigation measures shall not constitute an action or circumstance requiring recirculation of the mitigated negative declaration.

(g) Nothing in this section shall preclude a project applicant or any other person from challenging, in an administrative or judicial proceeding, the legality of a condition of project approval imposed by the lead agency. If, however, any condition of project approval set aside by either an administrative body or court was necessary to avoid or lessen the likelihood of the occurrence of a significant effect on the environment, the lead agency’s approval of the negative declaration and project shall be invalid and a new environmental review process shall be conducted before the project can be reapproved, unless the lead agency substitutes a new condition that the lead agency finds, after holding a public hearing on the matter, is equivalent to, or more effective in, lessening or avoiding significant effects on the environment and that does not cause any potentially significant effect on the environment.

SEC. 3.

Section 21080.20 of the Public Resources Code is amended to read:

21080.20.

(a) This division does not apply to a bicycle transportation plan prepared pursuant to Section 891.2 of the Streets and Highways Code for an urbanized area for the restriping of streets and highways, bicycle parking and storage, signal timing to improve street and highway intersection operations, and the related signage for bicycles, pedestrians, and vehicles.

(b) ~~Prior to~~ Before determining that a project is exempt pursuant to this section, the lead agency shall do both of the following:

(1) Hold noticed public hearings in areas affected by the bicycle transportation plan to hear and respond to public comments. Publication of the notice shall be no fewer times than required by Section 6061 of the Government ~~Code,~~ Code by the public agency in a newspaper of general circulation in the area affected by the proposed project. If more than one area will be affected, the notice shall be published in the newspaper of largest circulation from among the newspapers of general circulation in those areas.

(2) Prepare an assessment of any traffic and safety impacts of the project and include measures in the bicycle transportation plan to mitigate potential vehicular traffic impacts and bicycle and pedestrian safety impacts.

(c) If a local agency determines that a project is not subject to this division pursuant to this ~~section,~~ section and it determines to approve or carry out that project, the notice shall be filed with the Office of Planning and Research and the county clerk in the county in which the project is located in the manner specified in subdivisions (b) and (c) of Section 21152.

(d) This section shall remain in effect only until January 1, ~~2021,~~ 2030, and as of that date is repealed.

SEC. 4.

Section 21080.25 is added to the Public Resources Code, to read:

21080.25.
(a) For purposes of this section, the following definitions apply:
(1) “Affordable housing” means any of the following:
(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents or sales prices to levels affordable, as defined in Section 50052.5 or 50053 of the Health and Safety Code, to persons and families of moderate, lower, or very low income, as defined in Section 50079.5, 50093, or 50105 of the Health and Safety Code, respectively.
(B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(C) Housing that had been occupied by tenants within five years from the date of approval of the development agreement by a primary tenant who was low income and did not leave voluntarily.
(2) “Highway” means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. “Highway” includes a street.
(3) “New automobile capacity” means any new lane mileage of any kind other than sidewalks or bike lanes.
(4) “Project labor agreement” has the same meaning as defined in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(5) “Skilled and trained workforce” has the same meaning as provided in Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code.
(6) “Urbanized area” means a location wholly within the boundaries of an urbanized area, as designated by the United States Census Bureau.
(b) This division does not apply to any of the following projects:
(1) A project for the institution or increase of public mass transit, including bus, bus rapid transit, light rail, and passenger rail, or commuter services on existing rail or highway rights of way, whether or not the right of way is presently used for public mass transit, including all of the following:
(A) The modernization of existing stations, including, but not limited to, improvements to station function, safety, circulation, capacity, sustainability, appearance, or customer experience.
(B) Transit prioritization projects and facilities that improve reliability and reduce delay and improve customer information, including, but not limited to, signal priority, train control systems, and customer information and wayfinding systems.
(C) Designation and conversion of general purpose lanes to exclusive lanes for high-occupancy vehicle lanes or high occupancy toll lanes.
(D) Designation and conversion of general purpose lanes to bus-only lanes within existing public rights of way either during peak congestion hours or all day.
(E) The construction of new bus rapid transit, bus, or light rail stations or ferry stops located on existing public rights of way, existing highway rights of way, or public marinas, whether or not the right of way or marina is presently used for public mass transit or ferry service.
(F) A project that combines the components of subparagraphs (A) to (E), inclusive.
(2) A project for the institution or increase of passenger or commuter service on high-occupancy vehicle lanes or existing roadway shoulders, including the modernization of existing stations.
(3) Rail, light rail, and bus maintenance, repair, storage, administrative, and operations facilities.
(4) The repair or rehabilitation of publicly-owned local, major or minor collector, or minor arterial or major arterial bridges, provided that the repair or rehabilitation does not add automobile capacity and provided that the bridge roadway is functionally classified by the Federal Highway Administration as a one of the following: “local,” “major collector,” “minor collector,” or “minor arterial,” and located in an urbanized area.
(c) A project exempt from this division under this section shall meet all of the following criteria:
(1) A public agency is carrying out the project and is the lead agency for the project.
(2) The project is located in an urbanized area or connects two or more urbanized areas.
(3) For a project exceeding one hundred million dollars ($100,000,000), both of the following:
(A) The project is incorporated in a regional transportation plan, general plan, or other plan that has undergone a programmatic-level environmental review pursuant to this division within 10 years of the approval of the project.
(B) The lead agency or project applicant has completed an independent peer review of the project, including cost and benefit estimates, equity analysis, planning, engineering, design, financing plan, and project management or project risk controls. The Office of Planning and Research may establish standards for the peer review, or delegate that authority to a metropolitan planning organization.
(4) The project does not add new automobile capacity to an existing public right-of-way.
(5) The project shall strive to avoid the demolition of affordable housing units and prevent the direct displacement of tenants. For any project that involves the demolition of affordable housing, the lead agency shall do both of the following:
(A) Replace the affordable housing that is demolished within five years from the date of approval of the notice of exemption.
(B) Provide tenants displaced by the demolition of the affordable housing with assistance in both of the following:
(i) The acquisition of a comparable housing unit within one mile of the property that is demolished.
(ii) The cost of relocation as well as rental assistance at least equal to any difference of the previous rent and the rent of the relocation site for 12 months.
(d) (1) In addition to the requirements of subdivision (c), before granting an exemption under this section, the lead agency shall certify that the project will be completed by a skilled and trained workforce.
(2) (A) Except as provided in subparagraph (B), for a project that is exempted under this section, the lead agency shall not enter into a construction contract over ten million dollars ($10,000,000) with any entity unless the entity provides to the lead agency an enforceable commitment that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or a contract that falls within an apprenticeship occupation in the building and construction trades in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code.
(B) Subparagraph (A) does not apply if any of the following requirements are met:
(i) The lead agency has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project or the lead agency has contracted to use a skilled and trained workforce and the entity has agreed to be bound by that project labor agreement.
(ii) The project or contract is being performed under the extension or renewal of a project labor agreement that was entered into by the lead agency before January 1, 2021.
(iii) The lead agency has entered into a project labor agreement that will bind the lead agency and all its subcontractors at every tier performing the project or the lead agency has contracted to use a skilled and trained workforce.

SEC. 5.
This act does not authorize a transportation authority, the Department of Transportation, a city, or any other lead agency to bypass or avoid compliance with other applicable safety, public health, environmental, or labor requirements.

SEC. 6.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

SECTION 1.
~~(a)The Legislature finds and declares all of the following:~~
~~(1)Although political party central committees are private organizations, the California Constitution requires the Legislature to “provide for partisan elections for…party central committees.”~~
(2)In Tashjian v. Republican Party of Connecticut, the United States Supreme Court found that a political party’s “determination of the boundaries of its own association, and of the structure which best allows it to pursue its political goals, is protected by the Constitution,” and in Eu v. San Francisco County Democratic Central Committee, the United States Supreme Court held that a law that burdens the First and Fourteenth Amendment rights of political parties and their members “can survive constitutional scrutiny only if the State shows that it advances a compelling state interest…and is narrowly tailored to serve that interest.”
(3)State laws that impose eligibility requirements on individuals to run as candidates for, and to serve on, political party central committees can limit a political party’s ability to structure itself in a manner that best allows it to pursue its political goals.
(4)Central committees of the Democratic Party of California and the Peace and Freedom Party of California have expressed an interest in permitting certain persons who are not citizens of the United States, including lawful permanent residents and persons who are or were in deferred action status under the federal Deferred Action for Childhood Arrivals (DACA) policy, to serve on the central committee.
(5)Section 8001 of the Elections Code provides that a person is not eligible for a county central committee unless the person is shown by affidavit of registration to be affiliated with the political party whose county central committee the person is a candidate for and the person has not been affiliated with another political party for a specified period of time.
(6)Section 7209 of the Elections Code provides that a person is not eligible for appointment or election to a Democratic county central committee unless that person is registered as affiliated with the Democratic Party of California at the time of the person’s appointment or election.
(7)Because state law requires a person to be a United States citizen in order to register to vote, a person who is not a United States citizen cannot legally be registered as affiliated with the Democratic Party of California or the Peace and Freedom Party of California, and, therefore, cannot meet the eligibility requirements found in Sections 7209 and 8001 of the Elections Code to serve on county central committees of the Democratic Party of California or Peace and Freedom Party of California.
~~(8)The state has a compelling interest in preserving the integrity of its election process.~~
(b)It is the intent of the Legislature in enacting this act to establish a procedure that facilitates the desire of central committees of the Democratic Party of California and the Peace and Freedom Party of California to permit certain persons who are not United States citizens to run as candidates for, and to serve on, those parties’ central committees, while allowing the state to preserve the integrity of its election process.
(c)Nothing in this bill shall be construed to modify existing statutes or regulations governing the actions that a person who is not a United States citizen can take as a candidate, nor in any way to modify existing statutes or regulations affecting the activities that may legally be undertaken by a central committee or a person who is not a United States citizen but who serves on a central committee.
SEC. 2.Section 7217 is added to the Elections Code, to read:
7217.
Notwithstanding Section 7209 or any other law, a person who is specified in subdivision (b) of Section 7231 is eligible to serve as a member of a county central committee, provided that the bylaws of the county central committee permit the person to serve in that capacity and, if the person were a United States citizen, the person would be eligible to register to vote.
SEC. 3.Section 7231 is added to the Elections Code, to read:
7231.
(a)Notwithstanding Section 7209 or 8001, or any other law, a person who is identified in subdivision (b) is eligible to be a candidate for member of a county central committee if all of the following are true:
~~(1)The bylaws of the county central committee permit a person who is identified in subdivision (b) to serve as a member of the county central committee.~~
~~(2)The county central committee notifies the county elections official not later than November 1 of the year preceding the presidential primary election of all of the following:~~
~~(A)Its bylaws permit a person who is identified in subdivision (b) to serve as a member of the county central committee.~~
(B)It is in possession of a risk disclosure form providing information on legal risks, including risks related to the immigration status of a person who is identified in subdivision (b), associated with candidacy for, and membership on, a county central committee in accordance with this section, with a disclaimer that the form may not be comprehensive and that some legal risks may be unknown, and makes that form available to a person who is identified in subdivision (b) upon request.
~~(3)If a person who is identified in subdivision (b) were a United States citizen, the person would be eligible to register to vote.~~
(4)Before a person who is identified in subdivision (b) files a declaration of candidacy, the county elections official provides the person with a warning notice. The warning notice shall be prominently displayed on non-white paper and shall read substantially as follows:
WARNING NOTICE
There may be legal risks, including risks related to a person’s immigration status, associated with candidacy for, and membership on, a county central committee. A description of those risks is available upon request from the county central committee.
(5)At the time a person who is identified in subdivision (b) files a declaration of candidacy, the person also submits a declaration of intent to the county elections official. The declaration of intent shall include a declaration that the person intends to register as preferring the Democratic Party of California if and when the person becomes eligible to register as a voter and a declaration that the person shall not work as a foreign agent of, or take actions on behalf of, any foreign government while a candidate for, or member of, a county central committee. The declaration of intent shall be substantially as follows:
DECLARATION OF INTENT
I hereby declare that I have filed a declaration of candidacy for nomination to the office of ________ to be voted for at the primary election to be held ________, 20__, and declare the following to be true:
My name is .
I am not a citizen of the United States, but I am currently a lawful permanent resident, am currently in temporary protected status, have been granted asylum, or currently have or previously had deferred action status under the federal Deferred Action for Childhood Arrivals (DACA) policy.
If I were a United States citizen, I would be eligible to register to vote. As of today, I intend to register as preferring the Democratic Party at or shortly after the time I become eligible to register to vote.
I shall not work as a foreign agent of, or take actions on behalf of, any foreign government while a candidate for, or member of, a county central committee.
Dated this ___ day of _____, 20___.
Signature of candidate
State of California
)
County of
) ss.
)
Subscribed and sworn to before me this ___ day of ________, 20____.
Notary Public (or other official)
Examined and certified by me this ________ day of ________, 20____.
County Elections Official
~~(b)This section applies to all of the following persons who are not citizens of the United States:~~
~~(1)A person who is a lawful permanent resident of the United States.~~
~~(2)A person who is in temporary protected status in the United States.~~
~~(3)A person who has been granted asylum in the United States.~~
(4)A person who is or was in deferred action status under the federal Deferred Action for Childhood Arrivals (DACA) policy, as described in guidelines issued by the United States Department of Homeland Security.
~~(c)This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2021, deletes or extends that date.~~
SEC. 4.Section 7231 is added to the Elections Code, to read:
7231.
(a)Notwithstanding Section 7209 or 8001, or any other law, a person who is identified in subdivision (b) is eligible to be a candidate for member of a county central committee if all of the following are true:
~~(1)The bylaws of the county central committee permit a person who is identified in subdivision (b) to serve as a member of the county central committee.~~
~~(2)The county central committee notifies the county elections official not later than the 175th day preceding the presidential primary election of all of the following:~~
~~(A)Its bylaws permit a person who is identified in subdivision (b) to serve as a member of the county central committee.~~
(B)It is in possession of a risk disclosure form providing information on legal risks, including risks related to the immigration status of a person who is identified in subdivision (b), associated with candidacy for, and membership on, a county central committee in accordance with this section, with a disclaimer that the form may not be comprehensive and that some legal risks may be unknown, and makes that form available to a person who is identified in subdivision (b) upon request.
~~(3)If a person who is identified in subdivision (b) were a United States citizen, the person would be eligible to register to vote.~~
(4)Before a person who is identified in subdivision (b) files a declaration of candidacy, the county elections official provides the person with a warning notice. The warning notice shall be prominently displayed on non-white paper and shall read substantially as follows:
WARNING NOTICE
There may be legal risks, including risks related to a person’s immigration status, associated with candidacy for, and membership on, a county central committee. A description of those risks is available upon request from the county central committee.
(5)At the time a person who is identified in subdivision (b) files a declaration of candidacy, the person also submits a declaration of intent to the county elections official. The declaration of intent shall include a declaration that the person intends to register as preferring the Democratic Party of California if and when the person becomes eligible to register as a voter and a declaration that the person shall not work as a foreign agent of, or take actions on behalf of, any foreign government while a candidate for, or member of, a county central committee. The declaration of intent shall be substantially as follows:
DECLARATION OF INTENT
I hereby declare that I have filed a declaration of candidacy for nomination to the office of ________ to be voted for at the primary election to be held ________, 20__, and declare the following to be true:
My name is .
I am not a citizen of the United States, but I am currently a lawful permanent resident, am currently in temporary protected status, have been granted asylum, or currently have or previously had deferred action status under the federal Deferred Action for Childhood Arrivals (DACA) policy.
If I were a United States citizen, I would be eligible to register to vote. As of today, I intend to register as preferring the Democratic Party at or shortly after the time I become eligible to register to vote.
I shall not work as a foreign agent of, or take actions on behalf of, any foreign government while a candidate for, or member of, a county central committee.
Dated this ___ day of _____, 20___.
Signature of candidate
State of California
)
County of
) ss.
)
Subscribed and sworn to before me this ___ day of ________, 20____.
Notary Public (or other official)
Examined and certified by me this ________ day of ________, 20____.
County Elections Official
~~(b)This section applies to all of the following persons who are not citizens of the United States:~~
~~(1)A person who is a lawful permanent resident of the United States.~~
~~(2)A person who is in temporary protected status in the United States.~~
~~(3)A person who has been granted asylum in the United States.~~
(4)A person who is or was in deferred action status under the federal Deferred Action for Childhood Arrivals (DACA) policy, as described in guidelines issued by the United States Department of Homeland Security.
~~(c)This section shall become operative on January 1, 2021.~~
SEC. 5.Section 7785 is added to the Elections Code, to read:
7785.
(a)Notwithstanding Section 8001, or any other law, a person who is identified in subdivision (b) is eligible to be a candidate for member of a county central committee if all of the following are true:
~~(1)The bylaws of the state central committee permit a person who is identified in subdivision (b) to serve as a member of a county central committee.~~
~~(2)The state central committee notifies the county elections official not later than November 1 of the year preceding the presidential primary election of all of the following:~~
~~(A)The state central committee’s bylaws permit a person who is identified in subdivision (b) to serve as a member of a county central committee.~~
(B)The state central committee is in possession of a risk disclosure form providing information on legal risks, including risks related to the immigration status of a person who is identified in subdivision (b), associated with candidacy for, and membership on, a central committee in accordance with this section, with a disclaimer that the form may not be comprehensive and that some legal risks may be unknown, and makes that form available to a person who is identified in subdivision (b) upon request.
~~(3)If a person who is identified in subdivision (b) were a United States citizen, the person would be eligible to register to vote.~~
(4)Before a person who is identified in subdivision (b) files a declaration of candidacy, the county elections official provides the person with a warning notice. The warning notice shall be prominently displayed on non-white paper and shall read substantially as follows:
WARNING NOTICE
There may be legal risks, including risks related to a person’s immigration status, associated with candidacy for, and membership on, a central committee. A description of those risks is available upon request from the state central committee.
(5)At the time a person who is identified in subdivision (b) files a declaration of candidacy, the person also submits a declaration of intent to the county elections official. The declaration of intent shall include a declaration that the person intends to register as preferring the Peace and Freedom Party of California if and when the person becomes eligible to register as a voter and a declaration that the person shall not work as a foreign agent of, or take actions on behalf of, any foreign government while a candidate for, or member of, a central committee. The declaration of intent shall be substantially as follows:
DECLARATION OF INTENT
I hereby declare that I have filed a declaration of candidacy for nomination to the office of ________ to be voted for at the primary election to be held ________, 20__, and declare the following to be true:
My name is .
I am not a citizen of the United States, but I am currently a lawful permanent resident, am currently in temporary protected status, have been granted asylum, or currently have or previously had deferred action status under the federal Deferred Action for Childhood Arrivals (DACA) policy.
If I were a United States citizen, I would be eligible to register to vote. As of today, I intend to register as preferring the Peace and Freedom Party at or shortly after the time I become eligible to register to vote.
I shall not work as a foreign agent of, or take actions on behalf of, any foreign government while a candidate for, or member of, a central committee.
Dated this ___ day of _____, 20___.
Signature of candidate
State of California
)
County of
) ss.
)
Subscribed and sworn to before me this ___ day of ________, 20____.
Notary Public (or other official)
Examined and certified by me this ________ day of ________, 20____.
County Elections Official
~~(b)This section applies to all of the following persons who are not citizens of the United States:~~
~~(1)A person who is a lawful permanent resident of the United States.~~
~~(2)A person who is in temporary protected status in the United States.~~
~~(3)A person who has been granted asylum in the United States.~~
(4)A person who is or was in deferred action status under the federal Deferred Action for Childhood Arrivals (DACA) policy, as described in guidelines issued by the United States Department of Homeland Security.
~~(c)This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2021, deletes or extends that date.~~
SEC. 6.Section 7785 is added to the Elections Code, to read:
7785.
(a)Notwithstanding Section 8001, or any other law, a person who is identified in subdivision (b) is eligible to be a candidate for member of a county central committee if all of the following are true:
~~(1)The bylaws of the state central committee permit a person who is identified in subdivision (b) to serve as a member of a county central committee.~~
~~(2)The state central committee notifies the county elections official not later than the 175th day preceding the presidential primary election of all of the following:~~
~~(A)The state central committee’s bylaws permit a person who is identified in subdivision (b) to serve as a member of a county central committee.~~
(B)The state central committee is in possession of a risk disclosure form providing information on legal risks, including risks related to the immigration status of a person who is identified in subdivision (b), associated with candidacy for, and membership on, a central committee in accordance with this section, with a disclaimer that the form may not be comprehensive and that some legal risks may be unknown, and makes that form available to a person who is identified in subdivision (b) upon request.
~~(3)If a person who is identified in subdivision (b) were a United States citizen, the person would be eligible to register to vote.~~
(4)Before a person who is identified in subdivision (b) files a declaration of candidacy, the county elections official provides the person with a warning notice. The warning notice shall be prominently displayed on non-white paper and shall read substantially as follows:
WARNING NOTICE
There may be legal risks, including risks related to a person’s immigration status, associated with candidacy for, and membership on, a central committee. A description of those risks is available upon request from the state central committee.
(5)At the time a person who is identified in subdivision (b) files a declaration of candidacy, the person also submits a declaration of intent to the county elections official. The declaration of intent shall include a declaration that the person intends to register as preferring the Peace and Freedom Party of California if and when the person becomes eligible to register as a voter and a declaration that the person shall not work as a foreign agent of, or take actions on behalf of, any foreign government while a candidate for, or member of, a central committee. The declaration of intent shall be substantially as follows:
DECLARATION OF INTENT
I hereby declare that I have filed a declaration of candidacy for nomination to the office of ________ to be voted for at the primary election to be held ________, 20__, and declare the following to be true:
My name is .
I am not a citizen of the United States, but I am currently a lawful permanent resident, am currently in temporary protected status, have been granted asylum, or currently have or previously had deferred action status under the federal Deferred Action for Childhood Arrivals (DACA) policy.
If I were a United States citizen, I would be eligible to register to vote. As of today, I intend to register as preferring the Peace and Freedom Party at or shortly after the time I become eligible to register to vote.
I shall not work as a foreign agent of, or take actions on behalf of, any foreign government while a candidate for, or member of, a central committee.
Dated this ___ day of _____, 20___.
Signature of candidate
State of California
)
County of
) ss.
)
Subscribed and sworn to before me this ___ day of ________, 20____.
Notary Public (or other official)
Examined and certified by me this ________ day of ________, 20____.
County Elections Official
~~(b)This section applies to all of the following persons who are not citizens of the United States:~~
~~(1)A person who is a lawful permanent resident of the United States.~~
~~(2)A person who is in temporary protected status in the United States.~~
~~(3)A person who has been granted asylum in the United States.~~
(4)A person who is or was in deferred action status under the federal Deferred Action for Childhood Arrivals (DACA) policy, as described in guidelines issued by the United States Department of Homeland Security.
~~(c)This section shall become operative on January 1, 2021.~~
SEC. 7.Section 7800 of the Elections Code is amended to read:
7800.
At the convention meeting of the state central committee, the state central committee shall consist initially of only those members of central committees elected at the most recent presidential primary election, including those members elected in accordance with Section 7785, or selected pursuant to Section 7784.
SEC. 8.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.