Roundup: Latest Actions from the Commission on State Mandates and What It Means for Counties 

Since our last update earlier this month, the Commission on State Mandates held their first hearing in 2026, on Friday, February 13.  The following article provides a summary of the actions taken by the Commission during this hearing.

In addition, last week the California Department of Finance submitted a comment letter to the Commission with their analysis of the newly submitted test claim for reimbursement for AB 2561 (Chapter 409, Statutes of 2024), which requires all local agencies to hold an annual public hearing on the status of vacancies before their governing board (City Council, Board of Supervisors, etc.) at least once per fiscal year, with more extensive reporting requirements for a local agency that has a bargaining unit that experiences a vacancy rate of 20% or more for any period of time. The Department of Finance’s comment letter is available on the Commission’s website. Counties can file comments on this matter with the Commission by March 2, 2026.  

A complete list of all matters pending before the Commission and recent actions is available on the pending caseload webpage.  

To receive updates directly from the Commission, subscribe to their email lists. Questions about the Commission on State Mandates or the state mandate reimbursement process in general? Contact Jessica Sankus, Principal Fiscal and Policy Analyst, at jsankus@counties.org.   

Outcome of Commission on State Mandates Hearing on February 13, 2026 
Hearing Agenda ●  Hearing Minutes (pending upload from Commission staff)  

PARAMETERS AND GUIDELINES 

Internet Websites and Email Addresses (24-TC-04): AB 1637 (Chapter 586, Statutes of 2023) requires cities and counties to ensure that their Internet website utilizes a “.gov” domain or a “.ca.gov” domain, and to ensure that each email address provided to its employees utilizes a “.gov” or a “.ca.gov” domain name by January 1, 2029. Parameters and guidelines adopted by the Commission.  

Criminal Procedure: Discrimination (24-TC-02) aka The Racial Justice Act: AB 256 (Chapter 739, Statutes of 2022) expanded the provisions of AB 2542 (Chapter 317, Statutes of 2020), the original Racial Justice Act, and made these requirements retroactive as well as prospective. The Racial Justice Act provides that individuals charged with or convicted of a crime may file habeas corpus petitions to raise issues of bias or discrimination based on race, ethnicity, or national origin in their cases. The test claim for reimbursement argues that counties should be reimbursed by the state for the costs of Public Defenders to comply with AB 256, specifically the obligation to represent individuals who allege issues of bias or discrimination in their cases. Parameters and guidelines adopted by the Commission.  

Next Steps: The State Controller’s Office will soon publish draft claiming instructions. Once the State Controller’s Office publishes the final claiming instructions, counties must submit claims for costs incurred during the “initial fiscal years” to the State Controller’s Office within 120 days of the issuance of the claiming instructions (Government Code Section 17561). The “initial reimbursement claim process” is for costs to be reimbursed for the fiscal years specified in the first claiming instructions and Parameters and Guidelines. 

TEST CLAIMS 

Child Physical Abuse and Neglect Exams (24-TC-05): AB 1402 (Chapter 841, Statutes of 2023) intended to provide no-cost medical examinations to victims of child abuse and neglect by prohibiting charging the victims. The bill required counties to set up systems to provide examinations at no cost to the victim and instead submit invoices for reimbursement to the California Governor’s Office of Emergency Services, subject to appropriation by the Legislature. The Legislature did not provide an appropriation for this purpose in subsequent state budgets. The provisions of this bill resulted in the removal of authority for county human services departments (or the appropriate equivalent) to bill Medi-Cal for these services. Prior to AB 1402, counties billed Medi-Cal or private health insurance for physical abuse or neglect exams. The test claim for reimbursement argues that the state must reimburse counties for the cost of physical abuse or neglect exams for children.  Test claim partially approved by the Commission.  

Next Steps: The Commission published the draft Parameters and Guidelines for this program, which establish a process and rate for reimbursement. Counties can submit comments to the Commission by March 11, 2026.  

Stops: Notification by Peace Officers (24-TC-03) AB 2773 (Chapter 805, Statutes of 2022) requires, beginning January 1, 2024, a peace officer making a traffic or pedestrian stop to state the reason for the stop before asking any other questions (i.e., the ubiquitous initial question “Do you know why I pulled you over today?” is not allowable). Peace officers are also required to document the reason for the stop on any citation or report resulting from the stop. Test claim approved by the Commission.  

Next Steps: The Commission published the draft Parameters and Guidelines for this program, which establish a process and rate for reimbursement. Counties can submit comments to the Commission by March 11, 2026. 

Background: The Commission on State Mandates and the Reimbursement Process  

While counties are required to comply with all state mandates, counties only receive funding to carry out a select group of state-mandated programs in the form of after-the-fact reimbursement payments from the state. After a bill is signed into law, reimbursement for counties to comply with state-mandated programs is not automatic. Rather, counties initiate the process to receive reimbursement via filing a “test claim” for reimbursement with the Commission on State Mandates. The Commission on State Mandates deliberates and determines whether the new law meets the criteria for reimbursement. If the Commission determines that it does, the Commission begins work on Parameters and Guidelines, which establish a process and rate for reimbursement for the program. For more information about state mandates and the Commission on State Mandates, see CSAC’s Issue Brief on State-Mandated Programs and CSAC’s publication, Meeting the Mandate: Counties Respond to Shifting Costs, Responsibilities, and Outcomes.