Bill Full Text
Home
-
Bills
-
Bill
-
Authors
-
Dates
-
Locations
-
Analyses
-
Organizations
<?xml version="1.0" ?>
<ns0:MeasureDoc xmlns:html="http://www.w3.org/1999/xhtml" xmlns:ns0="http://lc.ca.gov/legalservices/schemas/caml.1#" xmlns:ns3="http://www.w3.org/1999/xlink" xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" version="1.0" xsi:schemaLocation="http://lc.ca.gov/legalservices/schemas/caml.1# xca.1.xsd">
<ns0:Description>
<ns0:Id>20250AB__263599INT</ns0:Id>
<ns0:VersionNum>99</ns0:VersionNum>
<ns0:History>
<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-20</ns0:ActionDate>
</ns0:Action>
</ns0:History>
<ns0:LegislativeInfo>
<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>AB</ns0:MeasureType>
<ns0:MeasureNum>2635</ns0:MeasureNum>
<ns0:MeasureState>INT</ns0:MeasureState>
</ns0:LegislativeInfo>
<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Celeste Rodriguez</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Celeste Rodriguez</ns0:Name>
</ns0:Legislator>
</ns0:Authors>
<ns0:Title> An act to add Section 43018.12 to the Health and Safety Code, relating to air pollution. </ns0:Title>
<ns0:RelatingClause>air pollution</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Air pollution: small off-road engines: rebate programs: local regulation.</ns0:Subject>
</ns0:GeneralSubject>
<ns0:DigestText>
<html:p>Existing law requires the State Air Resources Board, by July 1, 2022, consistent with federal law, to adopt cost-effective and technologically feasible regulations to prohibit engine exhaust and evaporative emissions from new small off-road engines, as defined by the state board. Existing law requires those regulations to apply to engines produced on or after January 1, 2024, or as soon as the state board determines is feasible, whichever is later, and requires the state board to identify, and, to the extent feasible, make available, funding for commercial rebates or similar incentive funding, as specified.</html:p>
<html:p>This bill would require each air pollution control and air quality management district, no later than January 1, 2028, to implement and maintain a commercial rebate program to support the transition to zero-emission small off-road equipment
consistent with specified requirements. By requiring districts to establish a new program, the bill would impose a state-mandated local program.</html:p>
<html:p>This bill would prohibit, until January 1, 2032, a local government from adopting or enforcing an ordinance that prohibits the use of small off-road engine landscaping equipment, except as specified, and would prohibit the punishment of a violation of an ordinance adopted by a local government governing the use of any small off-road engine landscaping equipment as an infraction or misdemeanor, as specified.</html:p>
<html:p>Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.</html:p>
<html:p>This bill would make
legislative findings to that effect.</html:p>
<html:p>The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.</html:p>
<html:p>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.</html:p>
<html:p>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.</html:p>
</ns0:DigestText>
<ns0:DigestKey>
<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
<ns0:LocalProgram>YES</ns0:LocalProgram>
</ns0:DigestKey>
<ns0:MeasureIndicators>
<ns0:ImmediateEffect>NO</ns0:ImmediateEffect>
<ns0:ImmediateEffectFlags>
<ns0:Urgency>NO</ns0:Urgency>
<ns0:TaxLevy>NO</ns0:TaxLevy>
<ns0:Election>NO</ns0:Election>
<ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses>
<ns0:BudgetBill>NO</ns0:BudgetBill>
<ns0:Prop25TrailerBill>NO</ns0:Prop25TrailerBill>
</ns0:ImmediateEffectFlags>
</ns0:MeasureIndicators>
</ns0:Description>
<ns0:Bill id="bill">
<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_B8BCA61C-5851-43AF-A4B5-D1BF2CEDB131">
<ns0:Num>SECTION 1.</ns0:Num>
<ns0:Content>
<html:p>This act shall be known, and may be cited, as the Just Transition for Landscapers Act.</html:p>
</ns0:Content>
</ns0:BillSection>
<ns0:BillSection id="id_9C4A107E-3723-4318-9CF2-5B84454290FD">
<ns0:Num>SEC. 2.</ns0:Num>
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Legislature finds and declares all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Hundreds of thousands of Californians earn their livelihoods as landscapers, providing essential services that maintain and beautify residential, commercial, and public spaces throughout the state. The landscaping industry encompasses a wide variety of jobs, including, but not limited to, mowing, blowing, fertilization, weed control, aeration, and tree trimming. This includes everything from residential gardens to larger commercial grounds.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A majority of landscapers are immigrants or informal workers who often decide to enter the landscaping industry after being excluded from other
sectors of the economy. These workers contribute significantly to the state’s economy and environmental stewardship while supporting their families and communities. Landscapers experience persistent and overlapping challenges, including unsafe working conditions, wage theft, exploitative employment arrangements, language barriers, and criminalization associated with informal work status. These challenges are compounded by fear of interaction with government agencies and heightened risks of immigration enforcement, resulting in increased economic and employment instability.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Gas-powered small off-road engines (SOREs) are often used in landscaping equipment and are a significant source of localized air pollution. They emit nitrogen oxides, particulate matter, and greenhouse gases, which contribute to climate change and disproportionately impact low-income communities and communities of color that are already overburdened by environmental
pollution.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
In 2021, the Legislature enacted Assembly Bill 1346 (Chapter 753 of the Statutes of 2021), which phases out the sale of new gas-powered SOREs beginning in 2024 and directs the State Air Resources Board to develop incentive programs that, to the extent feasible, make available funding for commercial rebates to support the transition to zero-emission small off-road equipment.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Existing rebate programs are insufficient, unevenly implemented, and inaccessible to many immigrant landscapers due to requirements such as business licensing, language barriers, fear of interacting with government agencies, and significant upfront costs. As a result, this leaves many workers without a viable pathway to a full and just transition that allows them to support their families and communities.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Some local
jurisdictions have implemented ordinances restricting or prohibiting the use of gas-powered equipment to cut pollution and noise. Without adequate access to transition assistance, these enforcement mechanisms impose fines and fees that disproportionately impact immigrant and informal landscapers, creating cycles of debt, worsening economic instability, and slowing the transition to zero-emission equipment.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Premature enforcement through fines and penalties, in the absence of accessible transition assistance, risks discouraging compliance, increasing informal economic activity, prolonging pollution, and delaying the replacement of gas equipment.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
This act applies to any city, county, or city and county, including a charter city. The fines and penalties imposed on landscapers and the challenges these workers face as a result of their informal work status, including challenges
resulting from licensing requirements, are matters of statewide concern. Furthermore, unnecessary barriers that prevent landscapers from accessing rebates and incentives to transition to zero-emission equipment interfere with the achievement of California’s climate goals and disrupt the regulation of business, which are matters of statewide concern. Moreover, California has an interest in the regulation of emissions, air quality, and public health, all matters of statewide concern, because they affect landscapers and residents across all communities.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
California’s climate and air quality goals are best achieved through policies that promote widespread, sustained adoption of zero-emission technologies. Ensuring that landscapers who rely on small off-road equipment have sufficient time, resources, and support to transition to zero-emission alternatives is essential to achieving meaningful and lasting emissions reductions.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Phasing in enforcement of local bans on the use of gas-powered landscaping equipment is necessary to provide landscapers additional time and sufficient support to transition to zero-emission equipment and to prevent debt that will impede transition. These purposes are aligned with the State Air Resource Board’s benchmark for emissions reduction by 2031 and beyond.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
It is the intent of the Legislature to promote environmental protection, public health, economic stability and mobility, and support immigrant and informal landscapers in accessing the resources necessary to transition to zero-emission landscaping equipment.
</html:p>
</ns0:Content>
</ns0:BillSection>
<ns0:BillSection id="id_773E1F32-0495-44AF-AEC9-A5EE18194EB7">
<ns0:Num>SEC. 3.</ns0:Num>
<ns0:ActionLine action="IS_ADDED" ns3:type="locator" ns3:href="urn:caml:codes:HSC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2F%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'43018.12'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 43018.12 is added to the
<ns0:DocName>Health and Safety Code</ns0:DocName>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_9325CAF4-8AF6-48B4-86AA-A0FEFC3AEB49">
<ns0:Num>43018.12.</ns0:Num>
<ns0:LawSectionVersion id="id_FFD46447-B817-4F4D-974A-86B0F9291535">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
For purposes of this section, the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Local government” means a chartered or general law city, county, or city and county.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Personally identifiable information” means an individual’s name, business name, home address, business address, birth date, telephone number, business location, California driver’s license or identification number, individual taxpayer identification number, municipal identification number, government-issued identification number, consular identification, social media identifiers, employer identification number, business license number, social security number, known place of work, income and tax information, and any other
information that would identify the individual.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Small off-road engine equipment” means off-road spark-ignition engines that produce 19 kilowatts gross power or less (25 horsepower or less).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Small off-road engine landscaping equipment” means small off-road engine equipment commonly used in landscaping operations, including lawn and garden equipment such as lawn mowers, leaf blowers, trimmers, weed whackers, aerators, chainsaws, edgers, and other turf care tools. Small off-road engine landscaping equipment does not include golf carts, specialty vehicles, generators, pumps, and logging, airport ground support, and other small utility equipment.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Worker center” means a nonprofit or community-based organization that serves workers through outreach, education, training and workforce development, and has
demonstrated a history of working with individuals employed or self-employed in landscaping.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
No later than January 1, 2028, each district shall implement and maintain a commercial rebate program to support the transition to zero-emission small off-road equipment consistent with all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A district shall recognize and accept alternative forms of documentation in place of a business license for eligibility verification. Acceptable documentation may include, but is not limited to, a letter from a worker center confirming the applicant’s employment or self-employment in landscaping, or self-attestation stating the applicant’s work in commercial and residential landscaping.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A district shall not require that a business hold a business license for a minimum period before
submitting an application.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A district shall establish low-burden procedures to review and verify any required documentation in a manner that is equitable for landscapers.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A district shall offer rebates covering not less than 85 percent, and up to 100 percent, of eligible costs for landscapers to transition to zero-emission equipment.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
A district shall not inquire into or collect information about an individual’s immigration or citizenship status or place of birth.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
A district shall not inquire into or collect information or documentation regarding an individual’s criminal history, and shall not require an applicant to submit fingerprints, complete a LiveScan fingerprinting, or submit to a background check as part of an application for a
rebate.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Except as otherwise required by state or federal law, a district shall not provide voluntary consent to any individual to access, review, or obtain any of the records obtained pursuant to paragraph (1) that include personally identifiable information of any rebate participants without a subpoena or judicial warrant. This paragraph does not prohibit a district from challenging the validity of a subpoena or judicial warrant in a federal district court.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A district shall not disclose or provide in writing, verbally, or in any other manner, personally identifiable information of any rebate participant obtained pursuant to paragraph (1), except pursuant to a subpoena or a valid judicial warrant.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except as provided in subparagraph (B), a local
government shall not adopt or enforce an ordinance that prohibits the use of small off-road engine landscaping equipment.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
This paragraph does not prohibit a local authority from adopting and enforcing an ordinance that places reasonable restrictions on the time, place, and manner that small off-road engine landscaping equipment may be used, provided that those restrictions allow the use of small off-road engine landscaping equipment between the hours of 7 a.m. and 10 p.m.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
This paragraph does not apply to an ordinance adopted before January 1, 2022, that prohibits the use of small off-road engine landscaping equipment.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
This paragraph shall become inoperative on January 1, 2032.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A violation of an ordinance adopted by a local government
governing the use of any small off-road engine landscaping equipment shall not be punishable as an infraction or misdemeanor, and a person shall not be subject to arrest for an alleged violation of such an ordinance.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
This subdivision does not limit a local government from providing incentives and rebates or educational programs to encourage the transition to zero-emission small off-road engines.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If a local government provides any incentives or rebates described in subparagraph (A), it shall do so in accordance with the requirements applicable to programs established by districts pursuant to subdivision (b).
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_C752349A-B9A6-4D87-8F23-0780D8735285">
<ns0:Num>SEC. 4.</ns0:Num>
<ns0:Content>
<html:p>The Legislature finds and declares that Section 3 of this act, which adds Section 43018.12 to the Health and Safety Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:</html:p>
<html:p>In order to protect the privacy of participants in the rebate programs described in Section 3 of this act, the limitations on the public’s right of access imposed by Section 3 of this act are necessary. </html:p>
</ns0:Content>
</ns0:BillSection>
<ns0:BillSection id="id_41A64B39-1F08-40DF-A233-8EC5E2F32B1E">
<ns0:Num>SEC. 5.</ns0:Num>
<ns0:Content>
<html:p>The Legislature finds and declares that, for the reasons described in paragraph (8) subdivision (a) of Section 2 of this act, the regulation of the use of gas-powered landscaping equipment is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 3 of this act adding Section of 43018.12 to the Health and Safety Code applies to all cities, including charter cities.</html:p>
</ns0:Content>
</ns0:BillSection>
<ns0:BillSection id="id_C99A061D-10EC-4FDB-B461-6A50F21D276C">
<ns0:Num>SEC. 6.</ns0:Num>
<ns0:Content>
<html:p>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.</html:p>
</ns0:Content>
</ns0:BillSection>
</ns0:Bill>
</ns0:MeasureDoc>