RCRC supported Assembly Bill 35, authored by Assemblymember David Alvarez (D-San Diego), which was signed into law by Governor Newsom on July 16th. This measure will exempt Proposition 4 (Climate Bond) funding from the Administrative Procedure Act (APA), enabling funds to be deployed more quickly and efficiently and ensuring that protracted administrative processes do not hold up vital projects.
Specifically, AB 35 will establish a full exemption from the APA for funding that voters approved by passing Proposition 4 in 2024, building on a long-standing precedent for natural resource bonds, including Proposition 84 and Proposition 68. State Agencies have noted that without this exemption, projects for groundwater recharge, water recycling, and wildfire prevention could not only be delayed 12 to 18 months but also limit the ability to use a broad mix of funding to achieve state goals on safe drinking water and other climate targets.
An exemption from the APA does not eliminate transparency, consultation, or public engagement. Agencies will continue to follow robust fiscal, reporting, and oversight requirements. Many agencies have already gone through extensive public processes for these existing programs. Instead, the exemption will streamline implementation, maintain consistency across programs, and avoid creating barriers to delivering critical funding where it is most needed. AB 35 was recently amended to include an urgency clause, allowing it to take effect immediately.
RCRC supported AB 35 because it will get voter approved grants out to the vital projects that need them most without unnecessary delay. RCRC joined a large group of stakeholders, including environmentally focused organizations and other public agency partners, in support of AB 35.
AB 35 contained an urgency clause and took effect as soon as it was signed. RCRC’s most recent letter can be found HERE.
For additional information, contact RCRC Senior Policy Advocate Staci Heaton.