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

Although July was a quiet month on the legislative front given the summer recess, the Commission on State Mandates has published several new documents in recent weeks; a new test claim, comments from the Department of Finance, an agenda for the upcoming hearing on August 14, and more. See below for more information, and see CSAC’s recent bulletins on June 25 and July 2 for other recent developments.  

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 or contact Commission staff directly at csminfo@csm.ca.gov. 

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.  

AGENDA FOR AUGUST 14 HEARING 

The Commission will conduct its next regular hearing at 10am on Friday, August 14. Attendees can view and participate in the meeting via Zoom. The hearing agenda includes the following three items of note for county governments:  

NEW TEST CLAIM  

Housing, 25-TC-05 (View Matter) 

About the program: AB 130 (Chapter 22, Statutes of 2025) was a state budget trailer bill that, among other things, requires cities and counties to perform an annual inspection of every homeless shelter in their jurisdiction and requires an annual report of complaints received. View the test claim for reimbursement here.  

• What is a budget trailer bill? Trailer bills accompany the main budget act by enacting any corresponding changes to state law. While the budget bill includes expenditure authority and sparse provisional language regarding the use of funds, the trailer bills include implementation language for specific appropriations. These bills are called “trailer” bills because they are not subject to the June 15 deadline and therefore trail after the main budget act is passed. 

Next Steps: Interested parties (including counties) can file comments on this test claim with the Commission by August 10. The Commission tentatively plans to hear this matter during their hearing on February 12, 2027. 

PROPOSED DECISION ON TEST CLAIM 

Race-Blind Charging, 24-TC-07 (View Matter)  

Recent Action: The Commission released their Proposed Decision on this test claim; Commission staff recommend that the Commission partially approve the test claim for reimbursement.  

Next Steps: This matter will be considered by the Commission during their upcoming hearing on August 14.  

About the program: AB 2778 (Chapter 806, Statues of 2022) intends to reduce racial disparities in how cases are investigated, charged, and prosecuted by, among other things, requiring local agencies to create “race-blind” charging programs wherein documents are redacted for racial-identifying information during the initial charging stage. Counties are also required to collect data from their race-blind charging process and make the data available. 

PARAMETERS AND GUIDELINES  

Emergency Shelters: Persons with Pets, 24-TC-06 (View Matter) 

Recent Action: The Commission released the Parameters and Guidelines, which define the eligible claimants, the period of reimbursement, the reimbursable activities, direct and indirect costs, and supporting documentation required to be submitted to the State Controller’s Office (SCO). 

Next Steps: This matter will be considered by the Commission during their upcoming hearing on August 14. 

About the program:  AB 781 (Chapter 344, Statutes of 2023), amongst other things, requires emergency plans for cities and counties to designate shelters able to accommodate pets in their next emergency plan update, and requires that whenever a city or county designates any number of emergency shelters, emergency cooling shelters, and emergency warming shelters, it shall designate at least one shelter that can accommodate persons with pets. 

PROPOSED DECISION ON INCORRECT REDUCTION CLAIM 

Child Abduction and Recovery, 25-4237-I-05 (View Matter) 

Recent Action: Commission staff issued the proposed decision for the Commissioners regarding Los Angeles County’s Incorrect Reduction Claim for previously disallowed claims for reimbursement. Commission staff recommends that the Commission approve the Incorrect Reduction Claim and fully reinstate the claimant’s costs to comply with this program for the fiscal years in question. 

Next Steps: This matter will be considered by the Commission during their upcoming hearing on August 14. 

About the Program: The Custody of Minors – Child Abduction and Recovery Program is one of the first programs to be deemed a reimbursable state mandate after Proposition 4 (1979) required the state to reimburse local governments for the costs to comply with state-mandated programs. Since 1979, the state has reimbursed counties for the state-mandated requirement that county district attorneys’ offices actively assist in the resolution of child custody problems, including visitation disputes, enforcement of custody decrees, and any other court order in child custody proceedings. The SCO is authorized to perform audits of counties’ claims for reimbursement for state-mandated programs to verify the actual amount of the mandated costs, to determine whether costs claimed are supported by appropriate documentation, and to ensure that claims are not unreasonable or excessive (Government Code sections 17558.5, 17561, and 12410).   When the SCO disallows costs previously claimed by counties, the affected county may choose to either remit the disallowed amount to the state, or the SCO offsets (withholds) commensurate amounts from state-mandated costs reimbursements filed by that county in subsequent fiscal years.  

COMMENTS FROM THE DEPARTMENT OF FINANCE 

Criminal Procedure: Discrimination II, 25-TC-04 (View Matter) (aka The Racial Justice Act)  

Recent Action: On July 15, the Department of Finance filed a comment letter with the Commission on this test claim, wherein, among other things, they argue that the test claim should be rejected in its entirety pursuant to Government Code § 17556, subdivision(g). 

Next Steps: Interested parties (including counties) can file rebuttal comments to the Department of Finance’s comment letter by August 14. The Commission tentatively plans to hear this matter during their hearing on February 12, 2027. 

About the program: 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.   

• Does this seem familiar? A previously approved test claim for the same program captured one implementation phase of AB 256 (Penal Code Section 745(j)(3)), which commenced on January 1, 2024, and pertains to certain cases for individuals serving sentences in state prisons or county jails, or individuals committed to the Division of Juvenile Justice. This new test claim captures subsequent implementation phases (Penal Code Sections 745(j)(4) and 745(j)(5)). 

OTHER COMMENTS 

Emergency Communications in Non-English Languages, 25-TC-03 (View Matter) 

Recent action: The claimant filed rebuttal comments to the Department of Finance’s comments on the test claim filed in June. 

Next steps: The Commission tentatively plans to hear this matter during their hearing on February 12, 2027. The Draft Proposed Decision will be issued for comment at least eight weeks prior to the public hearing. 

About the program: In December 2025, Sonoma County filed a test claim for reimbursement with the Commission on State Mandates for the costs for counties to comply with AB 1638 (Chapter 587, Statutes of 2023).    

AB 1638 requires local agencies to do the following:   

• By January 1, 2025, local agencies were required to use data from the American Community Survey or data from an equally reliable source to determine which languages within their jurisdiction are spoken jointly by 5% or more of the population that speaks English less than “very well.”   
• In the event of an emergency, a local agency must provide information related to the emergency in English and in all languages spoken jointly by 5% or more of the population that speaks English less than “very well.”   
• Local agencies must reassess the language data every five years.    
• Local agencies must ensure that the quality of the information in translated languages has parity with information provided in English for comprehension, action, and timeliness.