Clarification on AB 130/SB 131 Perceived PRC Section Conflict

 Clarification on AB 130/SB 131 Perceived PRC Section Conflict By Chris Micheli

            Several have been consumed by the fact that Public Resources Code Section 21080.44 exists twice currently. There appears to be two of the same sections, but with different language. One was added by AB 130 and one added by SB 131. Both of these bills were budget trailer bills earlier in the 2025 Session and both were signed by Governor Newsom on June 30 and took effect immediately as bills relating to the Budget.

            If a reader reviews these two provisions of the Public Resources Code online, there is at the bottom of each section the following:

 

Added by Stats. 2025, Ch. 22, Sec. 58. (AB 130) Effective June 30, 2025. See same-numbered section added by Stats. 2025, Ch. 24 or Added by Stats. 2025, Ch. 24, Sec. 8. (SB 131) Effective June 30, 2025. See same-numbered section added by Stats. 2025, Ch. 22.

            Does the higher-chaptered statute (SB 131) “chapter-out” the lower-chaptered statute (AB 131)? The issue of chaptering-out is addressed in California Government Code Section 9605. Subdivision (b) states, in part: “(b) When the same section or part of a statute is amended by two or more statutes enacted at the same session:”

            While these two sections of the Public Resources Code use the same section, there is not a chaptering-out problem. Why? The two statutes are using, inadvertently, duplicate numbering, which has created some confusion since June 30.

However, there is not a chaptering-out problem because both bills added the same code section and there are not “two or more statutes” that amend the same, existing code section. In other words, there needs to first be an existing code section. Then, two or more statutes enacted after that existing code section is in existence must amend it. As a result, the chaptering provisions in Section 9605 apply only when the same section is amended by two or more statutes, not to duplicative section numbers that are added to code.

That has not occurred here. As a result, both of these same numbered sections of the Public Resources Code exist. Nonetheless, in order to eliminate the confusion, Section 8 of SB 158 (that is currently pending on the Governor’s Desk, proposes to renumber one of the sections to clarify. 

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