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| 1 | + | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2256Introduced by Assembly Member Eduardo GarciaFebruary 13, 2020 An act to amend Section 8825 of the Health and Safety Code, relating to cemeteries. LEGISLATIVE COUNSEL'S DIGESTAB 2256, as introduced, Eduardo Garcia. Private cemeteries.Existing law authorizes a private corporation authorized by its articles so to do, to establish, maintain, manage, improve, or operate a cemetery, and conduct any or all of the businesses of a cemetery, either for or without profit to its members or stockholders. Existing law authorizes a cemetery authority that maintains a cemetery to place its cemetery under endowment care and establish, maintain, and operate an endowment care fund to care for, maintain, and embellish the cemetery. Existing law also authorizes a city or county that has a nonendowment care cemetery within its boundaries that threatens or endangers the health, safety, comfort, or welfare of the public and in which not more than 10 human remains have been interred for a period of 5 years, to declare the abandonment of a cemetery as a place of future interment. Existing law requires the city or county to allow interments after the resolution in specified circumstances.This bill would make technical, nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 8825 of the Health and Safety Code is amended to read:8825. A city or county having that has a nonendowment care cemetery within its boundaries which that threatens or endangers the health, safety, comfort comfort, or welfare of the public may, by resolution of its governing board, if not more than 10 human dead bodies remains have been interred therein for a period of five years immediately preceding the date of the resolution, declare the abandonment of the cemetery as a place of future interment, but interment. The city or county shall permit interment therein in the abandoned cemetery of any a person who is an owner of owns a plot in the cemetery on the date of adoption of the resolution is adopted or who otherwise has a right of interment in the cemetery which that is vested on such date. the date of the resolution. The resolution may provide for the removal of such copings, improvements, and embellishments which that the governing board finds to be a threat or danger to the health, safety, comfort, or welfare of the public. | |
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| 3 | + | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2256Introduced by Assembly Member Eduardo GarciaFebruary 13, 2020 An act to amend Section 8825 of the Health and Safety Code, relating to cemeteries. LEGISLATIVE COUNSEL'S DIGESTAB 2256, as introduced, Eduardo Garcia. Private cemeteries.Existing law authorizes a private corporation authorized by its articles so to do, to establish, maintain, manage, improve, or operate a cemetery, and conduct any or all of the businesses of a cemetery, either for or without profit to its members or stockholders. Existing law authorizes a cemetery authority that maintains a cemetery to place its cemetery under endowment care and establish, maintain, and operate an endowment care fund to care for, maintain, and embellish the cemetery. Existing law also authorizes a city or county that has a nonendowment care cemetery within its boundaries that threatens or endangers the health, safety, comfort, or welfare of the public and in which not more than 10 human remains have been interred for a period of 5 years, to declare the abandonment of a cemetery as a place of future interment. Existing law requires the city or county to allow interments after the resolution in specified circumstances.This bill would make technical, nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO | |
| 4 | 4 | ||
| 5 | - | Amended IN Assembly May 04, 2020 | |
| 6 | 5 | ||
| 7 | - | Amended IN Assembly May 04, 2020 | |
| 6 | + | ||
| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Assembly Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 2256 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Assembly Member Eduardo GarciaFebruary 13, 2020 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Assembly Member Eduardo Garcia | |
| 18 | 18 | February 13, 2020 | |
| 19 | 19 | ||
| 20 | - | An act to amend Section 8825 of the Health and Safety Code, relating to cemeteries. | |
| 20 | + | An act to amend Section 8825 of the Health and Safety Code, relating to cemeteries. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | AB 2256, as | |
| 26 | + | AB 2256, as introduced, Eduardo Garcia. Private cemeteries. | |
| 27 | 27 | ||
| 28 | - | Existing law, the Planning and Zoning Law, which is administered by the Director of State Planning and Research, requires a local planning agency to prepare, and a local legislative body to adopt, a long-term general plan that includes prescribed elements, including a housing element. Existing law prescribes certain methods pursuant to which the Department of Housing and Community Development may determine the existing and projected need for housing by region. Existing law authorizes the County of Napa and the City of Napa to reach a mutually acceptable agreement to allow one of those jurisdictions to report on its annual housing production report to the Department of Housing and Community Development, entitlements, building permits, and certificates of occupancy issued by the other jurisdiction for the development of housing if certain conditions are met.This bill would authorize 2 cities that meet specified requirements to enter into a memorandum of understanding to build a housing project in one jurisdiction and share the credit associated with the housing project for purposes of satisfying their regional housing needs allocation requirements. The bill would require the cities to be adjacent and that one city face prohibitive obstacles in the development of affordable housing in its jurisdiction, own land in the 2nd city suitable for the development, and have fiscal resources to finance the housing project. Among other things, the bill would require the memorandum of understanding to provide for the creation of housing for households of low income and very low income and provide for an explicit, mutual agreement for distribution of the credit associated with the housing project in connection with regional housing needs allocation requirements. The bill would condition the validity of the memorandum of understanding upon approval by the Department of Housing and Community Development.Existing law authorizes a private corporation authorized by its articles so to do, to establish, maintain, manage, improve, or operate a cemetery, and conduct any or all of the businesses of a cemetery, either for or without profit to its members or stockholders. Existing law authorizes a cemetery authority that maintains a cemetery to place its cemetery under endowment care and establish, maintain, and operate an endowment care fund to care for, maintain, and embellish the cemetery. Existing law also authorizes a city or county that has a nonendowment care cemetery within its boundaries that threatens or endangers the health, safety, comfort, or welfare of the public and in which not more than 10 human remains have been interred for a period of 5 years, to declare the abandonment of a cemetery as a place of future interment. Existing law requires the city or county to allow interments after the resolution in specified circumstances.This bill would make technical, nonsubstantive changes to these provisions. | |
| 29 | - | ||
| 30 | - | Existing law, the Planning and Zoning Law, which is administered by the Director of State Planning and Research, requires a local planning agency to prepare, and a local legislative body to adopt, a long-term general plan that includes prescribed elements, including a housing element. Existing law prescribes certain methods pursuant to which the Department of Housing and Community Development may determine the existing and projected need for housing by region. Existing law authorizes the County of Napa and the City of Napa to reach a mutually acceptable agreement to allow one of those jurisdictions to report on its annual housing production report to the Department of Housing and Community Development, entitlements, building permits, and certificates of occupancy issued by the other jurisdiction for the development of housing if certain conditions are met. | |
| 31 | - | ||
| 32 | - | This bill would authorize 2 cities that meet specified requirements to enter into a memorandum of understanding to build a housing project in one jurisdiction and share the credit associated with the housing project for purposes of satisfying their regional housing needs allocation requirements. The bill would require the cities to be adjacent and that one city face prohibitive obstacles in the development of affordable housing in its jurisdiction, own land in the 2nd city suitable for the development, and have fiscal resources to finance the housing project. Among other things, the bill would require the memorandum of understanding to provide for the creation of housing for households of low income and very low income and provide for an explicit, mutual agreement for distribution of the credit associated with the housing project in connection with regional housing needs allocation requirements. The bill would condition the validity of the memorandum of understanding upon approval by the Department of Housing and Community Development. | |
| 28 | + | Existing law authorizes a private corporation authorized by its articles so to do, to establish, maintain, manage, improve, or operate a cemetery, and conduct any or all of the businesses of a cemetery, either for or without profit to its members or stockholders. Existing law authorizes a cemetery authority that maintains a cemetery to place its cemetery under endowment care and establish, maintain, and operate an endowment care fund to care for, maintain, and embellish the cemetery. Existing law also authorizes a city or county that has a nonendowment care cemetery within its boundaries that threatens or endangers the health, safety, comfort, or welfare of the public and in which not more than 10 human remains have been interred for a period of 5 years, to declare the abandonment of a cemetery as a place of future interment. Existing law requires the city or county to allow interments after the resolution in specified circumstances.This bill would make technical, nonsubstantive changes to these provisions. | |
| 33 | 29 | ||
| 34 | 30 | Existing law authorizes a private corporation authorized by its articles so to do, to establish, maintain, manage, improve, or operate a cemetery, and conduct any or all of the businesses of a cemetery, either for or without profit to its members or stockholders. Existing law authorizes a cemetery authority that maintains a cemetery to place its cemetery under endowment care and establish, maintain, and operate an endowment care fund to care for, maintain, and embellish the cemetery. Existing law also authorizes a city or county that has a nonendowment care cemetery within its boundaries that threatens or endangers the health, safety, comfort, or welfare of the public and in which not more than 10 human remains have been interred for a period of 5 years, to declare the abandonment of a cemetery as a place of future interment. Existing law requires the city or county to allow interments after the resolution in specified circumstances. | |
| 35 | 31 | ||
| 36 | - | ||
| 37 | - | ||
| 38 | 32 | This bill would make technical, nonsubstantive changes to these provisions. | |
| 39 | - | ||
| 40 | - | ||
| 41 | 33 | ||
| 42 | 34 | ## Digest Key | |
| 43 | 35 | ||
| 44 | 36 | ## Bill Text | |
| 45 | 37 | ||
| 46 | - | The people of the State of California do enact as follows:SECTION 1. Section | |
| 38 | + | The people of the State of California do enact as follows:SECTION 1. Section 8825 of the Health and Safety Code is amended to read:8825. A city or county having that has a nonendowment care cemetery within its boundaries which that threatens or endangers the health, safety, comfort comfort, or welfare of the public may, by resolution of its governing board, if not more than 10 human dead bodies remains have been interred therein for a period of five years immediately preceding the date of the resolution, declare the abandonment of the cemetery as a place of future interment, but interment. The city or county shall permit interment therein in the abandoned cemetery of any a person who is an owner of owns a plot in the cemetery on the date of adoption of the resolution is adopted or who otherwise has a right of interment in the cemetery which that is vested on such date. the date of the resolution. The resolution may provide for the removal of such copings, improvements, and embellishments which that the governing board finds to be a threat or danger to the health, safety, comfort, or welfare of the public. | |
| 47 | 39 | ||
| 48 | 40 | The people of the State of California do enact as follows: | |
| 49 | 41 | ||
| 50 | 42 | ## The people of the State of California do enact as follows: | |
| 51 | 43 | ||
| 52 | - | SECTION 1. Section | |
| 44 | + | SECTION 1. Section 8825 of the Health and Safety Code is amended to read:8825. A city or county having that has a nonendowment care cemetery within its boundaries which that threatens or endangers the health, safety, comfort comfort, or welfare of the public may, by resolution of its governing board, if not more than 10 human dead bodies remains have been interred therein for a period of five years immediately preceding the date of the resolution, declare the abandonment of the cemetery as a place of future interment, but interment. The city or county shall permit interment therein in the abandoned cemetery of any a person who is an owner of owns a plot in the cemetery on the date of adoption of the resolution is adopted or who otherwise has a right of interment in the cemetery which that is vested on such date. the date of the resolution. The resolution may provide for the removal of such copings, improvements, and embellishments which that the governing board finds to be a threat or danger to the health, safety, comfort, or welfare of the public. | |
| 53 | 45 | ||
| 54 | - | SECTION 1. Section | |
| 46 | + | SECTION 1. Section 8825 of the Health and Safety Code is amended to read: | |
| 55 | 47 | ||
| 56 | 48 | ### SECTION 1. | |
| 57 | 49 | ||
| 58 | - | ||
| 50 | + | 8825. A city or county having that has a nonendowment care cemetery within its boundaries which that threatens or endangers the health, safety, comfort comfort, or welfare of the public may, by resolution of its governing board, if not more than 10 human dead bodies remains have been interred therein for a period of five years immediately preceding the date of the resolution, declare the abandonment of the cemetery as a place of future interment, but interment. The city or county shall permit interment therein in the abandoned cemetery of any a person who is an owner of owns a plot in the cemetery on the date of adoption of the resolution is adopted or who otherwise has a right of interment in the cemetery which that is vested on such date. the date of the resolution. The resolution may provide for the removal of such copings, improvements, and embellishments which that the governing board finds to be a threat or danger to the health, safety, comfort, or welfare of the public. | |
| 59 | 51 | ||
| 60 | - | ||
| 52 | + | 8825. A city or county having that has a nonendowment care cemetery within its boundaries which that threatens or endangers the health, safety, comfort comfort, or welfare of the public may, by resolution of its governing board, if not more than 10 human dead bodies remains have been interred therein for a period of five years immediately preceding the date of the resolution, declare the abandonment of the cemetery as a place of future interment, but interment. The city or county shall permit interment therein in the abandoned cemetery of any a person who is an owner of owns a plot in the cemetery on the date of adoption of the resolution is adopted or who otherwise has a right of interment in the cemetery which that is vested on such date. the date of the resolution. The resolution may provide for the removal of such copings, improvements, and embellishments which that the governing board finds to be a threat or danger to the health, safety, comfort, or welfare of the public. | |
| 61 | 53 | ||
| 62 | - | ||
| 54 | + | 8825. A city or county having that has a nonendowment care cemetery within its boundaries which that threatens or endangers the health, safety, comfort comfort, or welfare of the public may, by resolution of its governing board, if not more than 10 human dead bodies remains have been interred therein for a period of five years immediately preceding the date of the resolution, declare the abandonment of the cemetery as a place of future interment, but interment. The city or county shall permit interment therein in the abandoned cemetery of any a person who is an owner of owns a plot in the cemetery on the date of adoption of the resolution is adopted or who otherwise has a right of interment in the cemetery which that is vested on such date. the date of the resolution. The resolution may provide for the removal of such copings, improvements, and embellishments which that the governing board finds to be a threat or danger to the health, safety, comfort, or welfare of the public. | |
| 63 | 55 | ||
| 64 | 56 | ||
| 65 | 57 | ||
| 66 | - | 65584.085. (a) In order to promote the creation of affordable housing for households of low income and very low income, two cities that meet the requirements of subdivision (b) may enter into a memorandum of understanding to build the housing in one jurisdiction and share the credit associated with the housing project for purposes of satisfying their regional housing needs allocation requirements, subject to the approval of the department. | |
| 67 | - | ||
| 68 | - | (b) In order to be eligible to enter into a memorandum of understanding for purposes of this section: | |
| 69 | - | ||
| 70 | - | (1) The two cities shall be adjacent. | |
| 71 | - | ||
| 72 | - | (2) One city shall: | |
| 73 | - | ||
| 74 | - | (A) Face prohibitive obstacles in the development of affordable housing in its jurisdiction for an identifiable reason or reasons that may include, but are not limited to, high property values, lack of land suitable for residential development, or building restrictions that result from the presence of a high fire severity zone as designated by the Director of Forestry and Fire Protection pursuant to Article 9 (commencing with Section 4201) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code. | |
| 75 | - | ||
| 76 | - | (B) Own land in the jurisdiction of the second city upon which the housing project will be partially or fully developed. | |
| 77 | - | ||
| 78 | - | (C) Have the fiscal resources to finance the housing project in the second city. | |
| 79 | - | ||
| 80 | - | (c) A memorandum of understanding entered into by the cities described in subdivision (b) shall satisfy the following requirements: | |
| 81 | - | ||
| 82 | - | (1) Provide for the creation of housing for households of low income and very low income, as defined in subdivision (f) of Section 65584. | |
| 83 | - | ||
| 84 | - | (2) Provide adequate financing for the housing project by the city in which the project will not be located. | |
| 85 | - | ||
| 86 | - | (3) Express an explicit and mutually agreed upon distribution of the credit associated with the housing project for purposes of satisfying their regional housing needs allocation requirements. | |
| 87 | - | ||
| 88 | - | (d) A memorandum of understanding created pursuant to the provisions of this section shall not be valid until it is approved by the department. | |
| 89 | - | ||
| 90 | - | ||
| 91 | - | ||
| 92 | - | ||
| 93 | - | ||
| 94 | - | A city or county that has a nonendowment care cemetery within its boundaries that threatens or endangers the health, safety, comfort, or welfare of the public may, by resolution of its governing board, if not more than 10 human remains have been interred therein for a period of five years immediately preceding the date of the resolution, declare the abandonment of the cemetery as a place of future interment. The city or county shall permit interment in the abandoned cemetery of a person who owns a plot in the cemetery on the date the resolution is adopted or who otherwise has a right of interment in the cemetery that is vested on the date of the resolution. The resolution may provide for the removal of copings, improvements, and embellishments that the governing board finds to be a threat or danger to the health, safety, comfort, or welfare of the public. | |
| 58 | + | 8825. A city or county having that has a nonendowment care cemetery within its boundaries which that threatens or endangers the health, safety, comfort comfort, or welfare of the public may, by resolution of its governing board, if not more than 10 human dead bodies remains have been interred therein for a period of five years immediately preceding the date of the resolution, declare the abandonment of the cemetery as a place of future interment, but interment. The city or county shall permit interment therein in the abandoned cemetery of any a person who is an owner of owns a plot in the cemetery on the date of adoption of the resolution is adopted or who otherwise has a right of interment in the cemetery which that is vested on such date. the date of the resolution. The resolution may provide for the removal of such copings, improvements, and embellishments which that the governing board finds to be a threat or danger to the health, safety, comfort, or welfare of the public. |