Examples of Standard Versus Better Way of Drafting California Legislation

In this article, I compiled a number of examples of what I consider the “standard way” of drafting certain provisions of bills in the California Legislature, and then set forth what I consider the “better way” of drafting those same provisions. I also include a short explanation following each set of examples of why I believe there is a better way of drafting them.

EXAMPLE ONE:

Findings and Declarations with Intent Statements – the standard way

The Legislature finds and declares all of the following:

(a) The California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code; (coastal act)) was enacted to protect the state’s coastal resources while maximizing public access to and recreational use of the coast, consistent with public safety and environmental protection.

(b) At the time of the Coastal Act’s enactment, automobile travel and parking availability were the dominant factors determining coastal access in most parts of the state, and the coastal act’s implementation framework reflected those prevailing conditions.

(c) It is the intent of the Legislature to modernize coastal zone governance by recognizing and empowering these urbanized, transit-oriented communities to administer specified operational and management activities and minor improvement projects without the need for individual coastal development permits, while otherwise preserving the California Coastal Commission’s authority over activities that constitute physical development and pose potential impacts to coastal resources.

Findings and Declarations with Intent Statements – the Better way

(a) The Legislature finds and declares all of the following:

(1) The California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code; (coastal act)) was enacted to protect the state’s coastal resources while maximizing public access to and recreational use of the coast, consistent with public safety and environmental protection.

(2) At the time of the Coastal Act’s enactment, automobile travel and parking availability were the dominant factors determining coastal access in most parts of the state, and the coastal act’s implementation framework reflected those prevailing conditions.

.…

(b) It is the intent of the Legislature to modernize coastal zone governance by recognizing and empowering these urbanized, transit-oriented communities to administer specified operational and management activities and minor improvement projects without the need for individual coastal development permits, while otherwise preserving the California Coastal Commission’s authority over activities that constitute physical development and pose potential impacts to coastal resources.

Explanation: when both legislative findings and declarations and legislative intent statements (which are two entirely different provisions) are combined in the same bill section, then they should at least be separated as subdivisions (a) and (b). Also, the Legislature does not “find and declare” intent statements. The best way is to make the findings and declarations one bill section and the intent statements a separate bill section.

EXAMPLE TWO:

Repeal or Sunset Clause – the standard way

This article shall remain in effect only until January 1, 2032, and as of that date is repealed, unless a later enacted statute extends the date.

Repeal or Sunset Clause – the Better way

This article shall remain in effect only until January 1, 2032, and as of that date is repealed.

Explanation: the last clause in the standard is unnecessary because, obviously, a later enacted statute can extend a sunset date. As a result, the second one eliminates the unnecessary language.

EXAMPLE THREE:

Act Title – the standard way

This act shall be known, and may be cited, as the “Home Energy Choice Act.”

Act Title – the Better way

This act is known as the “Home Energy Choice Act.”

Explanation: The clause about citation is unnecessary because it is obvious that it can be cited by its official name. Also, the present tense should be used (i.e., say “is,” rather than “shall be”).

EXAMPLE FOUR:

Clarifying Clause – the standard way

Nothing in this article limits or restricts the ability of a large energy use facility to receive generation services from an electric service provider or community choice aggregator.

Clarifying Clause – the Better way

This article does not limit or restrict the ability of a large energy use facility to receive generation services from an electric service provider or community choice aggregator.

Explanation: Modern drafting principles is to use the active voice, which means we should not use the phrase “nothing in this article (or section)….”

EXAMPLE FIVE:

Charter City Inclusion Plus Section – the standard way

The Legislature finds and declares that water conservation 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 1 of this act adding Section 65964.7 to the Government Code applies to all cities, including charter cities.

Charter City Inclusion Plus Section – the Better way

The Legislature finds and declares that the provision of adequate housing, in light of the severe shortage of housing at all income levels in this state, 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 1 of this act amending Section 66300 of the Government Code applies to all cities, including charter cities.

Explanation: the first example simply and broadly states that water conservation is not a municipal affair. The second one does not just say adequate housing; instead; it describes in more detail why it is a matter of statewide concern.

EXAMPLE SIX:

Legislative Intent Statement – the standard way

It is the intent of the Legislature to accelerate the diversion and beneficial reuse of organic landfill waste to meet the requirements of Section 39730.6 of the Health and Safety Code.

Legislative Intent Statement – the Better way

It is the intent of the Legislature in adding paragraph (3) to subdivision (b) of Section 66300 of the Government Code to clarify that the protections of the Housing Accountability Act continue to apply in areas that have already been identified through adopted planning processes for future residential growth, but distinguish between unplanned conversion of agricultural, open space, or rural lands and areas that local and regional agencies have long designated for coordinated urban development through general plans, specific plans, or other areas planned or designated for future residential, mixed-use, or urban development. By doing so, the amendment supports orderly, infrastructure-efficient, and environmentally responsible growth while preserving the state’s commitment to addressing the housing crisis.

Explanation: the first one is a simple statement. The second one provides a robust explanation and even cites to a provision of statute to explain the specific application of the intent statement.

EXAMPLE SEVEN:

Legislative Findings and Declarations – the standard way

(a) California has the largest homeless population in the United States at 187,084 individuals as of 2024.

(b) Overdose deaths among homeless Americans from drugs and alcohol surged 488 percent between 2010 and 2020.

Legislative Findings and Declarations – the Better way

(a) Recovery housing programs that operate in a manner consistent with the Interagency Council on Homelessness guidance document “Implementing Recovery Housing in Alignment with California Housing First Requirements” published in July 2025 can provide a high degree of quality and positive outcomes for program participants, fulfill a unique and specific role within a community’s homelessness services and behavioral health care systems, help provide meaningful choice in housing settings for people with substance use disorders, and should be a component of any continuum of care that needs this type of resource to prevent and end homelessness in its community.

(b) According to guidance in October 2025 from the California Interagency Council on Homelessness, “the homelessness response system must be equipped to support people in their recovery journey.”

Explanation: the first one makes factual statements without attribution or basis. The second one cites a specific basis for its factual statements and even quotes from one of the cited sources.

EXAMPLE EIGHT:

Rulemaking Authority – the standard way

The state board shall adopt rules and regulations to implement this section.

Rulemaking Authority – the Better way

The state board shall adopt regulations pursuant to the Administrative Procedure Act (Gov’t Code Chapter 3.5, Sections 11340, et seq.) to implement this section.

Explanation: the first one references rules and regulations, while a state entity should only be authorized to adopt regulations that follow the formal rulemaking process pursuant to the APA, which is set forth in the Government Code. The second one cites the APA to ensure that the formal process is followed.

EXAMPLE NINE:

Findings – the standard way

The Legislature makes the following findings:

Findings – the Better way

The Legislature finds and declares that…

Explanation: the first one leaves out “and declarations” and it says that the Legislature makes them. The second one uses the standard, preferred language: “finds and declares.”

EXAMPLE TEN:

Giving Direction to a Department – the standard way

It is the intent of the Legislature that, when implementing this section, the department should prioritize projects in disadvantaged communities, as described in Section 39711 of the Health and Safety Code.

Giving Direction to a Department – the Better way

When implementing this section, the department shall prioritize projects in disadvantaged communities, as described in Section 39711 of the Health and Safety Code.

Explanation: the first one uses a statement of legislative intent to express the desire of the Legislature for how the department should prioritize projects. This statement is not binding on the department. The second one instead places the specified requirement in statute which actually has the force of law.

EXAMPLE ELEVEN:

Intent Statements that Belong in Statute – the standard way

Existing Education Code section provides :

(2) It is the intent of the Legislature that the California Interscholastic Federation accomplish all of the following:

(A) During years in which the California Interscholastic Federation is not required to submit a report to the Legislature and the Governor pursuant to paragraph (1), it shall hold a public comment period relating to that report at three regularly scheduled federation council meetings per year.

(B) Annually allow public comment on the policies and practices of the California Interscholastic Federation at a regularly scheduled federation council meeting.

(C) Require sections of the California Interscholastic Federation to allow public comment on the policies and practices of the California Interscholastic Federation and its sections, and the report required pursuant to paragraph (1), at each regularly scheduled section meeting.

(D) Engage in a comprehensive outreach effort to promote the public hearings described in subparagraphs (A) and (C).

Intent Statements that Belong in Statute – the Better way

Add a section to the Education Code that includes these four subdivisions:

(a) During years in which the California Interscholastic Federation is not required to submit a report to the Legislature and the Governor, the federation shall hold a public comment period relating to that report at three regularly scheduled federation council meetings per year.

(b) The federation shall annually allow public comment on the policies and practices of the California Interscholastic Federation at a regularly scheduled federation council meeting.

(c) Sections of the California Interscholastic Federation shall allow public comment on the policies and practices of the California Interscholastic Federation and its sections, and the report required, at each regularly scheduled section meeting.

(d) The federation shall engage in a comprehensive outreach effort to promote the public hearings.

Explanation: the first, existing law, provision has these four items under a statement of legislative intent, which has no legal force or effect. It is simply a statement by the Legislature that it desires the CIF to do all of these things. Instead, the second one places these same four provisions into statute and imposes an affirmative duty on the CIF to accomplish them.