Planning and zoning: detention facilities.

The document was reformatted from a printed legislative text (with line numbers, page headers/footers) to a web-based bill tracking page format (with site navigation, search tools, and version history links). No changes to the actual statutory language were made.

The definition of 'detention facility' was narrowed. The Senate version covered any structure 'operated by, or by a private entity on behalf of, a governmental entity.' The Assembly version removes the first option, so it now only covers structures 'operated by a private entity on behalf of a governmental entity.' This means government-operated detention facilities (such as county jails run directly by the county) are no longer subject to the bill's land use restrictions.

A new subdivision (c) requires every city or county to adopt or amend a zoning ordinance by July 1, 2027 that regulates detention facilities as a separate institutional land use classification. The ordinance must: prohibit detention facilities from being a principally permitted use in any zoning district; allow consideration only through a discretionary conditional use permit; require at least one public hearing before approving any entitlement for a detention facility; and permit localities to adopt more restrictive standards.

A new Section 1 adds extensive legislative findings and declarations establishing the legal basis for the bill. Key clarifications include: the act solely regulates land use through state police power and does not regulate criminal law, civil or administrative enforcement, or detention authority; it does not interfere with federal or other governmental entity authority to enforce law or determine who may be detained; and statewide regulation of detention facilities as a land use classification serves legitimate planning objectives independent of the government occupant or legal status of detained persons.

Sections were renumbered: the operative provision moved from Section 1 to Section 2, severability from Section 2 to Section 3, the statewide concern finding from Section 3 to Section 4, and the no-reimbursement provision from Section 4 to Section 5. The cross-reference in the statewide concern section was updated accordingly.

The entire amendment to Government Code Section 67041 (California Tahoe Regional Planning Agency governing body composition) was deleted. The bill no longer touches CTRP at all.

Assembly Member Solache was added as coauthor, and the fiscal committee designation changed from 'no' to 'yes,' indicating the bill now requires fiscal review. The state-mandated local program designation also changed from 'no' to 'yes.'

The definition of 'detention facility' was expanded in two ways: it now explicitly includes facilities operated by a private entity on behalf of a governmental entity, and it covers people detained for civil or administrative purposes in addition to those charged with a criminal offense.

A standard severability clause was added as a new Section 2, stating that if any provision is held invalid, the remaining provisions continue in effect.

New Section 65850.05 added to the Government Code prohibiting any city or county from approving new land uses authorizing construction of a detention facility, or changes of use permitting an existing building to be used as a detention facility.

Legislative finding that protecting residents from negative impacts of private detention centers is a matter of statewide concern (not a municipal affair), making the prohibition apply to all cities including charter cities.

Defines 'detention facility' as any structure, whether temporary or permanent, operated by or on behalf of a governmental entity for the temporary holding of persons charged with a criminal offense.

No state reimbursement required because local agencies have authority to levy service charges, fees, or assessments sufficient to pay for the mandated program.

Original Tahoe Regional Planning Agency changes (Section 67041) are retained but renumbered as a later section; edits are nonsubstantive: 'governing board' changed to 'governing body,' gendered pronouns updated ('he' to 'they'), and 'California Natural Resources Agency' shortened to 'Natural Resources Agency.'

Fiscal committee and state-mandated local program designations changed from 'no' to 'yes' in the legislative counsel's digest, reflecting the new statewide mandate on local governments.