Assembly BillVetoedHealth and Safety
AB 2635: Air pollution: small off-road engines: voucher programs: local regulation.
What AB 2635 does, verified September 21, 2026
<p>The bill requires large and medium air pollution control districts in California to implement a commercial voucher program by January 1, 2028. This program aims to support transitioning to zero-emission small off-road equipment. It also prohibits local governments from enforcing ordinances that ban the use of such equipment unless they establish an incentive voucher program meeting specific requirements. The bill prevents these ordinances from being punishable as infractions or misdemeanors and instead mandates administrative fines under certain conditions.</p>
Bill journey
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6ChapteredPending
Last action: Vetoed by Governor. (2026-09-20)Alert me
Author and sponsors
Full contact details, staff, and committees with Connect, $16/moUnlockRecent actions29 total · showing 5
| Sep. 20, 2026 | Vetoed by Governor. |
| Sep. 04, 2026 | Enrolled and presented to the Governor at 4 p.m. |
| Aug. 27, 2026 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 62. Noes 11. Page 6724.). |
| Aug. 27, 2026 | In Assembly. Concurrence in Senate amendments pending. |
| Aug. 26, 2026 | Read third time. Passed. Ordered to the Assembly. (Ayes 32. Noes 4.). |
Latest bill textEnrolled version, September 1, 2026 · 2,559 words
| Enrolled September 01, 2026 |
| Passed IN Senate August 26, 2026 |
| Passed IN Assembly August 27, 2026 |
| Amended IN Senate August 13, 2026 |
| Amended IN Senate July 02, 2026 |
| Amended IN Assembly May 18, 2026 |
| Amended IN Assembly April 22, 2026 |
| Amended IN Assembly April 13, 2026 |
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Assembly Bill
No. 2635
| Introduced by Assembly Member Celeste Rodriguez |
February 20, 2026 |
An act to add Section 43018.12 to the Health and Safety Code, relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
AB 2635, Celeste Rodriguez. Air pollution: small off-road engines: voucher programs: local regulation.
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.
This bill would require, to the extent that funding is appropriated by the Legislature, each large and medium air pollution control and air quality management district, no later than January 1, 2028, to implement and maintain a commercial voucher 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. The bill would also require a small rural district or local government that chooses to adopt such a program to comply with specified requirements in administering the program.
This bill 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, and would provide that the ordinance is only punishable by an administrative fine imposed in accordance with specified requirements.
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.
This bill would make legislative findings to that effect.
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.
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.
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.
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known, and may be cited, as the Just Transition for Landscapers Act.SEC. 2.
(a) The Legislature finds and declares all of the following:(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(8) 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 vouchers 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.
(9) 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.
(b) 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.
SEC. 3.
Section 43018.12 is added to the Health and Safety Code, to read:43018.12.
(a) For purposes of this section, the following definitions apply:(1) “Large district” means a district with a population of 1,000,000 or more.
(2) “Local government” means a chartered or general law city, county, or city and county.
(3) “Medium district” means a district with a population of less than 1,000,000 that is not a small rural district.
(4) “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.
(5) “Small off-road engine equipment” means off-road spark-ignition engines that produce 19 kilowatts gross power or less (25 horsepower or less).
(6) “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.
(7) “Small rural district” means a district with a population of less than 1,000,000 and that is designated as rural by the California Air Pollution Control Officers Association consistent with the following criteria:
(A) A small rural district is typically characterized by a smaller population base relative to medium and large districts.
(B) A small rural district has limited staffing and administrative capacity relative to medium and large districts.
(8) “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.
(b) (1) No later than January 1, 2028, to the extent that funding is appropriated by the Legislature in the annual Budget Act or other statute for purposes of this paragraph, each large and medium district shall implement and maintain a commercial voucher program to support the transition to zero-emission small off-road equipment consistent with all of the following:
(A) The 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.
(B) The district shall not require that a business hold a business license for a minimum period before submitting an application.
(C) The district shall establish low-burden procedures to review and verify any required documentation in a manner that is equitable for landscapers and shall provide language assistance in the top five non-English languages spoken within the district’s service area.
(D) The district shall not inquire into or collect information about an individual’s immigration or citizenship status or place of birth.
(E) The 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 voucher.
(F) Unless the district is using funds appropriated specifically for purposes of implementing this section, the district shall ensure that any existing district incentive funds used to implement this subdivision achieve emissions reductions that are cost effective relative to other allowable uses of those funds.
(2) Paragraph (1) does not prohibit a district from implementing or maintaining a commercial voucher program using any other available funds notwithstanding the absence of an appropriation made for purposes of paragraph (1).
(3) 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 in connection with a program described in paragraph (1) that include personally identifiable information of any voucher 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.
(4) A district shall not disclose or provide in writing, verbally, or in any other manner, personally identifiable information of any voucher participant obtained in connection with a program described in paragraph (1), except pursuant to a subpoena or a valid judicial warrant.
(5) If a small rural district or local government adopts a program described in paragraph (1), it shall comply with subparagraph (A) of paragraph (1) in administering the program.
(6) On and after January 1, 2028, a contract between a nonpublic entity and a large or medium district for the purpose of administering a program pursuant to paragraph (1) shall require the nonpublic entity to explicitly agree to adhere to the requirements of this subdivision, and shall be immediately terminated if it is found that the nonpublic entity has violated this subdivision.
(c) (1) 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 the ordinance.
(2) For purposes of this subdivision, a violation shall be deemed to occur no more than once per property or job site per calendar day. The use of multiple pieces of small off-road engine landscaping equipment, the involvement of multiple persons, or multiple observations of the same conduct shall not constitute separate violations arising from the same landscaping activity.
(3) A violation of an ordinance described in paragraph (1) is punishable only by the following:
(A) A written warning for a first violation.
(B) An administrative fine not exceeding one hundred dollars ($100) for a second violation within one year of the first violation.
(C) An administrative fine not exceeding two hundred dollars ($200) for each additional violation within one year of the first violation.
(4) When assessing an administrative fine pursuant to paragraph (3), the adjudicator shall take into consideration the person’s ability to pay the fine. The local government shall provide the person with notice of their right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.
(5) If the person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code, the local government shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to paragraph (3).
(6) The local government may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.
SEC. 4.
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:In order to protect the privacy of participants in the voucher 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.
SEC. 5.
The Legislature finds and declares that, for the reasons described in paragraph (8) of 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 43018.12 to the Health and Safety Code applies to all cities, including charter cities.SEC. 6.
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.Text of AB 2635 as enrolled, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions