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HomeMy WebLinkAbout2024-12-10; City Council Legislative Subcommittee; 02; Legislative and Advocacy UpdateMeeting Date: Dec. 10, 2024 To: Legislative Subcommittee From: Jason Haber, Intergovernmental Affairs Director Staff Contact: Jason Haber, Intergovernmental Affairs Director jason.haber@carlsbadca.gov, 442-339-2958 Subject: Legislative and Advocacy Update District: All Recommended Action Receive updates on federal and state legislative and budget activity and recent and ongoing advocacy efforts; discuss and provide feedback to staff, including identifying high-priority bills, advocacy positions, funding opportunities, and items for future City Council consideration. Discussion Staff and the city’s contract lobbyists – Federal: Carpi & Clay Government Relations / State: California Public Policy Group – will present updates and overviews of federal and state legislative activity (Exhibits 1 through 3) and intergovernmental matters being tracked on behalf of the city. The Subcommittee is requested to provide feedback to help city staff and the city’s lobbying consultants focus the city’s advocacy efforts on high-priority bills and to identify bills for future City Council consideration. Next Steps Staff and the city’s contract lobbyists will monitor, evaluate, and engage the Legislative Subcommittee in a discussion of legislative activity and proposed measures that may impact city operations and policy priorities throughout the year. If the Legislative Subcommittee decides to refer any matters to the City Council, staff will work with the City Manager to place an item on a future City Council agenda for consideration. Exhibits 1.Carpi & Clay Government Relations – Federal Update 2.California Public Policy Group – 2024 End of Year Report 3.California Public Policy Group – Summary of State Legislature’s 2025-26 Organizational Session LEGISLATIVE SUBCOMMITTEE Dec. 10, 2024 Item #2 Page 1 of 38 1 November 25, 2024 City of Carlsbad Federal Update www.carpiclay.com Exhibit 1 2024 Presidential Election & Transition On November 6th, former President Donald Trump (R) won election to a nonconsecutive second term as president. This is the second time a President has been elected to nonconsecutive terms after Grover Cleveland served as the 22nd and 24th President. Trump defeated Vice President Kamala Harris (D) by an Electoral College vote of 312-226. President-elect Trump began naming nominees for his Cabinet and other White House positions. The charts below outline Trump’s selected Cabinet and administration nominees for his second term. TRUMP CABINET (*indicates no Senate confirmation required) Name Current/Former Position Vice President* JD Vance Junior senator from Ohio Secretary of State Marco Rubio Senior senator from Florida Secretary of the Treasury Scott Bessent Founder of Key Square Group Secretary of Defense Pete Hegseth FOX News Host and Army Veteran Attorney General Pam Bondi Former Attorney General of Florida Secretary of the Interior Doug Burgum Governor of North Dakota Secretary of Agriculture Brooke Rollins Former Director of the Domestic Policy Council Secretary of Commerce Howard Lutnick Chairman & CEO of Cantor Fitzgerald Secretary of Labor Lori Chavez- DeRemer Representative from Oregon (lost reelection in 2024) Secretary of Health and Human Services Robert F. Kennedy Jr. Presidential candidate in the 2024 cycle Secretary of Housing and Urban Development Scott Turner Former Texas State Representative and NFL Player Secretary of Transportation Sean Duffy Former representative from Wisconsin Secretary of Energy Chris Wright CEO of Liberty Energy Secretary of Education Linda McMahon Former Small Business Administrator Dec. 10, 2024 Item #2 Page 2 of 38 2 www.carpiclay.com Secretary of Veterans Affairs Doug Collins Former representative from Georgia Secretary of Homeland Security Kristi Noem Governor of South Dakota CABINET-LEVEL NOMINEES (not in the line of succession) Director of National Intelligence Tulsi Gabbard Former representative from Hawaii Ambassador to the UN Elise Stefanik Representative from New York Director of the Office of Management and Budget Russell Vought Former Director of the Office of Management and Budget Administrator of the Environmental Protection Agency Lee Zeldin Former representative from New York Chair of the Council of Economic Advisors U.S. Trade Representative President-elect Trump made the following non-Cabinet nominations and White House: TRUMP ADMIN Appointee Current/Former position Border Czar* Tom Homan Former acting director of U.S. Immigration and Customs Enforcement Department of Government Efficiency (new office)* Elon Musk & Vivek Ramaswamy Businessmen/entrepreneurs White House Chief of Staff* Susie Wiles Co-chair of the Trump 2024 campaign White House Deputy Chief of Staff for Policy & Homeland Security Advisor* Stephen Miller Former Senior Advisor to the President White House Deputy Chief of Staff* Dan Scavino Former Deputy Chief of Staff 119th Congress Election Results The Republican Party will control the House and Senate in the 119th Congress. In the Senate, Republicans have a 53-47 majority. In the House, Republicans maintain a 219-213 majority with three uncalled races: CA-13: Incumbent Rep. John Duarte (R) is leading challenger Adam Gray (D) by 204 votes with 98% of ballots counted. CA-45: Challenger Derek Tran (D) is leading incumbent Rep. Michele Steel (R) by 545 votes with 99% of ballots counted. IA-1: incumbent Rep. Mariannette Miller-Meeks (R) is leading challenger Christina Bohannan (D) by 800 votes with 99% of ballots counted. Dec. 10, 2024 Item #2 Page 3 of 38 3 www.carpiclay.com 118th Congress Lame Duck Session Earlier this month, the House and Senate returned to Washington, D.C., for the first time since the end of September. During their two weeks in Washington before heading home for the Thanksgiving break, Members were focused on their respective leadership elections for the upcoming Congress. Additionally, newly elected Members were in Washington for New Member Orientation. Following the Thanksgiving recess, Members will be faced with a list of timely priorities that will need to be addressed during the lame duck session including the following:  A path forward for the Fiscal Year (FY) 2025 appropriations bills as the current Continuing Resolution expires on December 20th  A disaster relief supplemental appropriations package  National Defense Authorization Act  Water Resources Development Act of 2024  Farm Bill Extension Congressional Leadership Elections On November 13th, House and Senate Republicans held Leadership Elections for the 119th Congress. In the Senate, Senator John Thune (R-SD) was elected over Senator John Cornyn (R-TX) by a vote of 29-24 to succeed Minority Leader Mitch McConnell (R-KY), who is stepping down from leadership as Majority Leader in the next Congress. Senator John Barrasso (R-WY) was elected as Majority Whip. In the House, Speaker Mike Johnson (R-LA) and Majority Leader Steve Scalise (R- LA) won reelection to their respective leadership roles on the House side. Speaker Johnson will need to win a majority vote on the Floor of the House in January to formally be elected Speaker again. On November 18th, House Democrats held elections in which Minority Leader Hakeem Jeffries (D- NY) won reelection to lead the House Democratic Caucus and Minority Whip Katherine Clark (D- MA) won reelection. Senate Democrats have yet to hold leadership elections, but it is expected that current Majority Leader Chuck Schumer (D-NY) and Majority Whip Dick Durban (D-IL) will be reelected to lead Senate Democrats in the next Congress as Minority Leader and Minority Whip, respectively. President Biden Submits $100 Billion Disaster Relief Package to Congress President Biden sent Congress an emergency funding request for roughly $100 billion to help with recovery after natural disasters, including the recent hurricanes Helene and Milton in the Southeast, battered communities nationwide, and depleted key programs. The request includes:  $40 billion for the Federal Emergency Management Agency’s (FEMA) Disaster Relief Fund  $12 billion for the Department of Housing and Urban Development’s (HUD) Community Development Fund  $24 billion for Department of Agriculture (USDA) programs Dec. 10, 2024 Item #2 Page 4 of 38 4 www.carpiclay.com $8 billion through the Department of Transportation (DOT) $3 billion for State and Tribal Assistance Grants for water infrastructure CONGRESSIONAL ACTIVITY California Democrats Urge CARB to Reconsider In-Use Locomotive Regulation. California Democratic Representatives John Garamendi, Salud Carbajal, Lou Correa, and Jim Costa sent a letter to the California Air Resources Board (CARB) urging the agency to reconsider its current In- Use Locomotive Regulation pending before EPA. The regulation would prohibit operating locomotives in California that are 23 years or older unless the locomotive is zero emission. The lawmakers highlight unintended operational consequences for short-line railroads that could result in shippers seeking other means of transportation that may increase greenhouse gas and air pollution. San Diego Democratic Members Applaud Funding for Crossborder Wastewater Treatment in Disaster Supplemental. Democratic Representatives Scott Peters, Juan Vargas, Sara Jacobs, and Mike Levin sent a letter to President Biden thanking him for including $310 million in the proposed disaster supplemental for upgrading the South Bay International Wastewater Treatment Plant. The funding would support infrastructure upgrades to handle contaminated cross-border sewage flows in the Tijuana River Valley by doubling the capacity of the South Bay facility. Representatives Urge Congressional Leaders to Pass Landslide Preparedness Bill. A group of House Democrats sent a letter to House and Senate leadership requesting final passage of the National Landslide Preparedness Act Reauthorization Act (H.R. 7003) before the end of the 118th Congress. The bill would reauthorize programs and funding to prevent landslide risks that expired in September. The bill passed the Committee on Natural Resources in April and is awaiting consideration by the full House. Representatives Urge NIST to Develop Standards for Lifeline Infrastructure. A group of Representatives led by Kevin Mullin (D-CA) sent a letter to the National Institute of Standards and Technology (NIST) requesting that the agency develop standards for resilient lifeline infrastructure in the wake of natural hazards and disasters. The letter urges NIST to develop standards allowing federal, state, and local emergency responders to better coordinate and plan for lifeline service loss. FEDERAL FUNDING OPPORTUNITIES Build America Bureau Releases RIA NOFO. The Build America Bureau released a $10 million notice of funding opportunity (NOFO) for non-matching grants through the Regional Infrastructure Accelerators (RIA) program. RIA supports technical resources, planning, and project development to expedite regional transportation infrastructure through financial avenues like public-private partnerships. Applications are due by January 9th. Dec. 10, 2024 Item #2 Page 5 of 38 5 www.carpiclay.com FEMA Releases $291 Million Assistance to Firefighters NOFO. FEMA released a $291 million NOFO through the Assistance to Firefighters Grant program. The program provides funding to support training personnel to recognized standards, equipping firefighters with compliant personal protective equipment, retrofitting facilities, acquiring emergency response vehicles, promoting workforce development, and supporting community resilience. Applications are due by December 20th. FTA Publishes Bus Safety and Accessibility Research Competitive Program NOFO. The Federal Transit Administration (FTA) published a NOFO for the availability of $10 million through the Bus Safety and Accessibility Research program. The program helps to fund projects to research standard bus designs, safety innovations and systems, and bus compartments that support these safety and accessibility goals. Applications are due by January 17th. NOAA Accepting Community-Led Heat Monitoring Campaign Applications. NOAA is accepting applications for the Center for Collaborative Heat Monitoring program. The program funds support for the development of community-based heat data collection campaigns and provides communities with technical assistance to develop those plans. Applications are due by January 17th. GRANT AWARD ANNOUNCEMENTS COPS Office Awards $15 million through Safer Outcomes Program. The Department of Justice’s Office of Community Oriented Policing Services (COPS) announced $15 million in grant awards to 42 law enforcement agencies. This funding will support training on de-escalation and crisis response for law enforcement officers, civil staff, and mental health professionals working in partnership with local authorities. DOT Announces SS4A Grant Awards. DOT announced $172 million to 257 projects through the Safe Streets and Roads for All (SS4A) grant program. The program helps to fund projects in two areas: (1) Planning and Demonstration Grants that help communities develop road safety action plans and inform improvements along corridors with safety issues. They also provide funding to implement “quick-build” and other temporary strategies to test out safety features such as separated bicycle lanes or curb extensions at intersections and (2) Implementation Grants that provide funding for communities to implement strategies and projects that will significantly reduce or eliminate transportation-related fatalities and serious injuries. FHWA Announces LCTM Grant Awards. The Federal Highway Administration (FHWA) awarded $1.2 billion to 39 states through the Low Carbon Transportation Materials (LCTM). The program provides funding for construction materials that have substantially lower levels of greenhouse gas emissions. Reclamation Announces $125 Million in Large-Scale Water Recycling Grants. Reclamation announced $125 million for five projects through the Large-Scale Water Recycling Program. The Dec. 10, 2024 Item #2 Page 6 of 38 6 www.carpiclay.com program was created in the Bipartisan Infrastructure Law and funds larger-scale water recycling and reuse projects. Reclamation Announces $3.3 Million in WaterSMART Small-Scale Water Efficiency Grants. Reclamation announced $3.3 million in WaterSMART Small-Scale Water Efficiency Projects program grants to 36 projects in 10 states. The program funds water efficiency projects across western states, such as installing flow measurement or automation systems, lining canals to reduce seepage, and other water efficiency efforts. FEDERAL AGENCY REGULATORY ACTIONS Census Bureau Requests Comments on Proposed Race/Ethnicity Code. The Census Bureau issued a notice requesting comments on its proposed race/ethnicity code list for use In the American Community Survey and the 2030 Census. The agency aims to improve the code list from the 2020 Census to ensure race and ethnicity data are accurately coded and tabulated during future data collection efforts. Comments are due by February 18th. FAA Publishes Meteorological Towers and Other Wind Energy Systems NPRM. The Federal Aviation Administration (FAA) published a notice of proposed rulemaking (NPRM) that amends requirements applicable to meteorological towers and permanent wind energy systems. The proposed rule would require any person who owns (sponsors) any proposed, altered, or existing meteorological tower to file a notice with the FAA if the highest point of the structure is at least 50 feet above ground level (AGL) up to and including 200 feet AGL at its site. The FAA also proposes marking requirements for meteorological towers constructed or altered after the effective date of a final rule if the structure's highest point is at least 50 feet AGL up to and including 200 feet AGL at its site. Comments are due by January 17th. FAA Publishes BasicMed Final Rule. FAA published a final rule that implements, without interpretation, the provisions of sections 815 and 828 of the FAA Reauthorization Act of 2024 (“the Act”). To conform the FAA's regulations to the self-enacting provisions in the Act, this final rule amends certain regulations to: align aircraft conditions and limitations with the term “covered aircraft” as defined in section 2307(j) of the FAA Extension, Safety, and Security Act of 2016 to increase the number of allowable passengers from 5 to 6, increase the number of occupants from 6 to 7, and increase the maximum takeoff weight from 6,000 pounds to 12,500 pounds, while excluding certain transport category rotorcraft. The rule is effective on November 18th. FHWA Publishes Final Work Zone Safety and Mobility and Temporary Traffic Control Devices Rule. FHWA published a final rule that amends its regulations that govern traffic safety and mobility in highway and street work zones. The changes will facilitate consideration of the broader safety and mobility impacts of work zones in a more coordinated and comprehensive manner across project development stages. The rule is effective on December 2nd. Dec. 10, 2024 Item #2 Page 7 of 38 7 www.carpiclay.com FHWA Publishes Interstate System Access Final Rule. FHWA published a final rule that amends FHWA regulations governing changes in access to the Dwight D. Eisenhower National System of Interstate and Defense Highways (Interstate System). As a condition of funding for Federal-aid highway projects, federal law prohibits state departments of transportation (state DOT) from adding any point of access to or from the Interstate System without the approval of the Secretary of Transportation. This final rule codifies and clarifies existing policies and practices regarding state DOT requests for and FHWA approval of changes in access to the Interstate System. This final rule is effective December 9th. FHWA Publishes CMAQ Interim Guidance. FHWA published the Congestion Mitigation and Air Quality (CMAQ) Program Interim Guidance. The Interim Guidance provides information and guidance on eligibility, transfer, and other CMAQ Program requirements under the BIL, enacted as the Infrastructure Investment and Jobs Act. The CMAQ Program requirements in BIL took effect on October 1st, 2021, and apply to all funding obligated on or after that date, whether carryover or new. Because the CMAQ Program requirements in the BIL are in effect and the Interim Guidance contains information needed to plan CMAQ-funded projects and use CMAQ funds, the Interim Guidance is effective on the date of publication of this notice in the Federal Register. The Interim Guidance replaces the November 12th, 2013, Interim CMAQ Program Guidance under MAP-21 and the July 2014 Revised Interim Guidance on CMAQ Operating Assistance under MAP-21. The Interim Guidance is effective on November 6th and comments are due by January 6th. FTA Extends Buy America Waiver for Vans and Minivans. FTA is unable to identify any manufacturer of non-Americans with Disabilities Act (ADA)-accessible vans and minivans that fully comply with Buy America and is therefore extending its partial, time-limited, general nonavailability waiver from the requirements of Buy America for a period of five years, or upon publication of a rescission notice if FTA determines that a fully Buy America-compliant vehicle has become available, whichever occurs first. The waiver extension is applicable on November 18, 2024. IRS Releases Final Direct Pay Regulations for Clean Energy Tax Credits. The Internal Revenue Service (IRS) released the final regulations for direct pay clean energy tax incentives included in the Inflation Reduction Act. These regulations allow eligible entities to access the full values of clean energy incentives by providing clarity and flexibility for direct pay-eligible entities, including co-owned projects. The regulations are effective January 19th. Reclamation Releases Post-2026 Colorado River Alternatives. Reclamation released five proposed alternatives for post-2026 operations for the Colorado River. Current agreements regarding operations expire at the end of 2026, and Reclamation is expected to release a draft EIS in early 2025 analyzing the alternatives to ensure the long-term stability of the Colorado River Basin. Dec. 10, 2024 Item #2 Page 8 of 38 8 www.carpiclay.com FEDERAL AGENCY ANNOUNCEMENTS AND PERSONNEL CHANGES DOE Releases Pathways to Commercial Liftoff Report for Sustainable Aviation Fuel. DOE released a report titled Pathways to Commercial Liftoff: Sustainable Aviation Fuel. The report analyzes the technical and commercial readiness of several SAF production pathways and highlights tangible, actionable steps that both the public and private sector can take to make the United States a global leader in SAF production as soon as 2030. DOT and NOAA Sign MOU on Climate Smart Transportation. DOT and the National Oceanic and Atmospheric Administration (NOAA) signed a Memorandum of Understanding (MOU) to collaborate on providing climate and environmental information, tools, and technical assistance to the transportation sector, aiming to enhance climate resilience and reduce greenhouse gas emissions in transportation infrastructure planning and operations. EPA Releases Third Annual PFAS Strategic Roadmap Progress Report. EPA released a report titled “EPA’s PFAS Strategic Roadmap: Third Annual Progress Report” that details efforts to address the health and environmental risks related to per- and polyfluoroalkyl (PFAS) substances. The report contains updates on PFAS in drinking water and natural waterways, cleaning up PFAS contamination, chemical safety, research and development, and enforcement and compliance. EPA Releases National Plastic Pollution Prevention Strategy. EPA released the “National Strategy to Prevent Plastic Pollution,” detailing steps for government agencies, businesses, non-profits, and communities to reduce plastic pollution. The report includes advice on reducing the production and consumption of single-use plastic products, studying the environmental and health impacts of single-use plastics, and collaboration between producers and consumers. EPA Releases Interim Cumulative Impacts Framework. EPA released a draft of the Interim Framework for Advancing Consideration of Cumulative Impacts for agency programs and regional offices to consider the overall impacts of EPA’s work. Cumulative impacts are defined by the totality of exposures to chemical and non-chemical stressors, such as air and water pollution, and their effect on human health, including cultural, subsistence practices, socioeconomics, and other health considerations. Comments on the draft are due by February 19th. FAA Publishes Random Drug and Alcohol Testing Percentage Rates for CY 2025. FAA published the minimum random drug and alcohol testing rates for calendar year (CY) 2025. The rate for random testing for safety-sensitive employees will be 25% for drug testing and 10% for alcohol testing. FTA and CMS Publish Medicaid Transportation Coordination Fact Sheet. FTA and the Centers for Medicare & Medicaid Services (CMS) published the Medicaid Transportation Coordination Fact Sheet that encourages partnerships between state departments of transportation and state Medicaid agencies to improve the accessibility and efficiency of non-emergency medical transportation (NEMT) for low-income individuals, people with disabilities, and older adults. Dec. 10, 2024 Item #2 Page 9 of 38 9 www.carpiclay.com FHWA Launches FLMA Planning Coordination Webpage. FHWA released the Federal Land Management Agency (FLMA) Planning Coordination webpage, which provides technical support information on transportation planning on federal and tribal lands. GAO Publishes Report on DOT’s Implementation of Recommendations to Improve Documentation That Would Enhance Mega Program. The Government Accountability Office (GAO) published a report titled Transportation Grants: Implementation of Recommendations to Improve Documentation Would Enhance Program for Large, Complex Projects. The report found that DOT’s selection process for the National Infrastructure Project Assistance (Mega) program generally adhered to its guidelines and federal regulations. However, DOT did not fully document the rationale for key decisions, such as designating certain projects as "exemplary," which are highly recommended applications. The report recommends that DOT implement prior suggestions to enhance documentation of key decisions and clearly define criteria for exemplary projects to improve transparency in the Mega program. Treasury SLFRF Obligation 2024 Deadline. The Department of the Treasury deadline for cities to obligate and report on State and Local Fiscal Recovery Funds (SLFRF) is December 31st. Treasury released an updated SLFRF Compliance and Reporting Guidance document in October that provides more information on Treasury’s obligation and reporting requirements. ## ## ## Dec. 10, 2024 Item #2 Page 10 of 38 2024 END OF YEAR REPORT CITY OF CARLSBAD Prepared by: Dane Hutchings, Founder + CEO (916) 974-9270 dhutchings@publicpolicygroup.com Exhibit 2 Dec. 10, 2024 Item #2 Page 11 of 38 •cPPG CALIFORNIA PUBLIC POLICY GROUP 1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 2 TABLE OF CONTENTS TRANSMITTAL LETTER .............................................................................................. 3 CPPG/CITY OF CARLSBAD 2024 LEGISLATIVE HIGHLIGHTS ........................................ 5 YEAR IN REVIEW ...................................................................................................... 6 KEY PERFORMANCE INDICATORS ............................................................................ 8 HIGHLIGHTS: LEGISLATIVE ADVOCACY SUCCESS .......................................... 8 SUMMARY OF ADVOCACY DELIVERABLES .................................................... 14 LOOKING AHEAD ................................................................................................... 16 LEGISLATURE COMPOSITION ...................................................................... 16 CONTINUED BUDGET DEFICIT ..................................................................... 17 SPECIAL LEGISLATIVE SESSION AND THE “TRUMP RESISTANCE” .................. 17 ANTICIPATED POLICY TRENDS—REGULAR LEGISLATIVE SESSION ................. 18 GRANT FUNDING ........................................................................................ 20 LOCAL AGENCY GRANT SEEKING IN THE SECOND TRUMP PRESIDENCY—WHAT TO EXPECT................................................................. 21 Dec. 10, 2024 Item #2 Page 12 of 38 [i(CPPG CALIFORNIA PUBLIC POLICY GROUP 1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 3 TRANSMITTAL LETTER November 26, 2024 To: Scott Chadwick City Manager City of Carlsbad From: Dane Hutchings Founder + CEO California Public Policy Group Dear Mr. Chadwick: On behalf of California Public Policy Group, I want to thank you, your team, and the City of Carlsbad City Council for engaging our firm for state legislative advocacy services. This End of Year Report provides an overview of the services our firm delivered to the City of Carlsbad during the 2024 legislative year, along with insights and potential next steps in preparation for the 2025 legislative and grant funding year. 2024 also marked an exciting metamorphosis for our firm. After five years as a thriving division of Renne Public Law Group, we mutually agreed to separate. Renne Public Policy Group is now California Public Policy Group, Inc. (CPPG), an independent corporation with a new tax ID number. The transition is complete, and we are pleased to serve you in our new capacity, which offers you some distinct advantages. Our operations are now streamlined, enhancing our efficiency and effectiveness. This boosts our ability to pivot faster and stay nimble. We are better positioned to proactively implement programs and operations that support your needs and to anticipate future scenarios. Our independent status allows us to maintain our strategic partnership and to remain closely aligned with Renne Public Law Group, which provides a continued benefit to you. While this represents a big change for our firm, the most important things haven’t changed. We have the same team, professional approach, and philosophy. Our key lobbyists—Founder and CEO Dane Hutchings and Managing Director Sharon Gonsalves—continue to lead our advocacy efforts on your behalf. Director of Grant Services Jake Whitaker is still at the helm of our grant writing and funding research work and staffing. Our strategic consultants—Dan Carrigg, Bruce Rudd, and Jude Lemons—remain on board to provide their unique expertise, supporting our work as we promote your interests and advance your agenda. Our team’s passion for local government and our commitment to excellence and transparency are unchanged. Over the past year, CPPG has worked with your staff in taking an aggressive approach to raise your City’s profile and to build its relationships with the Administration, state agencies, and members of the Legislature. 2024 was a productive year, and we made significant progress in continuing to build your City’s presence in the policy arena and in educating decision makers about your City’s top priorities. Dec. 10, 2024 Item #2 Page 13 of 38 [i(CPPG CALIFORNIA PUBLIC POLICY GROUP 1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 4 Throughout 2024, CPPG’s ongoing collaborative work with your staff provided clarity on important issues. We supported your strategic goals by delivering vital information on Administration actions, supplying detailed policy and political analyses on dozens of items of interest to your City, generating memos, and more. CPPG also engaged on state legislative measures in the areas of housing, land use, public safety, climate, homelessness, and governmental operations and employment issues with specific applicability to your City. This resulted in over 510 individual “touchpoints,” either with the City or on its behalf. In addition to supporting these efforts, our deliverables included drafting memos, providing legislative analysis, advising City staff, responding to inquiries in a timely manner, meeting with state lawmakers and/or their staff, drafting state and federal position letters, following up with stakeholders, and building alliances and coalitions. In 2024, CPPG monitored and/or engaged on over 1,850 pieces of state legislation. In total, the City of Carlsbad took official positions on 37 pieces of state legislation in 2024. We are proud that our team was able to deliver favorable outcomes, most notably the City’s sponsored bills, AB 2715 and AB 2234 both authored by Assemblymember Boerner. AB 2715 allows for matters pertaining to cybersecurity to be permitted to be discussed in closed session. AB 2234 continues the City’s efforts to raise awareness and safety measures for the use of E-bikes. The City has now sponsored five bills in the past three years and seen them signed into law. We very much appreciate the opportunity to represent your City, and we are grateful that the City values our work and will continue its relationship with CPPG in 2025. While our team has achieved victories and significant progress on behalf of your City in 2024, more work remains to be done in support of your City’s interests, and we take this responsibility to heart. Thank you once again for the opportunity to serve the City of Carlsbad and for your support. We look forward to continuing our partnership and building on the success we have achieved. Sincerely, Dane Hutchings Sharon Gonsalves Founder + CEO Managing Director California Public Policy Group California Public Policy Group CC: Jason Haber, Intergovernmental Affairs Director, City of Carlsbad Cindie McMahon, City Attorney, City of Carlsbad Dec. 10, 2024 Item #2 Page 14 of 38 lkCPPG CALIFORNIA PUBLIC POLICY GROUP 1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 5 CPPG/CITY OF CARLSBAD 2024 LEGISLATIVE HIGHLIGHTS PIECES OF LEGISLATION TRACKED ON BEHALF OF THE CITY Legislation tracked and assessed for impacts on the City to its operations, its local discretion and authority, and its legal decision making. 1,850+ SUCCESS RATE ON LEGISLATIVE ENGAGEMENT— MAKING THE CITY’S VOICE HEARD CPPG achieved the desired outcome or secured critical amendments to dramatically reduce adverse impacts to the City. (21 desired outcomes out of 37 total.) 21/37 COMBINED DELIVERABLES AND TOUCHPOINTS PROVIDED TO AND ON BEHALF OF THE CITY Legislative updates, position letters, policy and political analyses, and meetings with the City and/or with the Administration or the Legislature on behalf of the City. *From November 1, 2023 to October 31, 2024 510+ Dec. 10, 2024 Item #2 Page 15 of 38 ~CPPG CALIFORNIA PUBLIC POLICY GROUP 1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 6 YEAR IN REVIEW The Legislature Returns: The 2024 legislative session of the California State Legislature commenced in early January as both houses reconvened for the second year of the 2023-24 session. Legislators quickly set to work, prioritizing the remaining bills from the previous year. In late January, Senator Mike McGuire (D-Geyserville) was officially elected as Senate President pro Tempore and sworn into the role on February 5. On February 8, he announced the new Senate Democratic leadership team for the upcoming legislative year. Senator Lena A. Gonzalez (D-Long Beach) was appointed Majority Leader, with Senators Angelique V. Ashby (D-Sacramento) and Aisha Wahab (D- Hayward) taking on the roles of Assistant Majority Leaders. Additional changes were made to the leadership team, including committee chairs and membership. Senator McGuire also announced the splitting of the Senate Governance and Finance Committee into two new committees, leading to the establishment of the Senate Local Government and Senate Revenue and Taxation committees. The Governor’s Budget: In early January, Governor Gavin Newsom revealed his proposed budget for fiscal year 2024-25 during a press conference. The proposal projected total state spending at $291.5 billion, with a deficit of $37.9 billion. Governor Newsom attributed the budget deficit to a return to the “normalization of state revenues following the massive surpluses in 2021 and 2022.” Factors contributing to the deficit include the state’s reliance on the top one percent of taxpayers for half of all income tax revenue, stock market declines in 2022, and delays in income tax collection in 2023. The May revision to the January proposal indicated a slight reduction in total spending to $288.1 billion, with the projected deficit revised downward to $27.6 billion. The lower projected deficit resulted from Governor Newsom signing AB 106 (Gabriel) [Chapter 9, Statutes of 2024], an early action budget package. Governor Newsom stated that approximately half of the deficit would be addressed through budget cuts, with the remainder managed through reserves, delays, fund shifts, borrowing, and new efficiencies. In mid-June, the Legislature met its constitutional deadline to advance a balanced state budget for fiscal year 2024-25, passing AB 107 (Gabriel) [Chapter 22, Statutes of 2024]. A few days later, Governor Newsom announced an agreement on the budget, which included two budget bills and 17 budget trailer bills. The final budget reflected total spending of $297.8 billion and closed a projected deficit of $46.8 billion. The fiscal year 2024-25 budget priorities for the Governor and the Legislature aligned with previous years, focusing on funding for homelessness, public safety, climate change, healthcare, education, and housing. National Narratives Drove Legislative Priorities: As the 2024 presidential election approached, California lawmakers turned their attention to policy areas influenced by state and national polling data. Major themes included addressing the rise of retail theft, drug and property related offenses, homelessness, housing production, and climate change. In late February, Senator McGuire, alongside legislative, law enforcement, and mental health leaders, held a press conference to unveil a bipartisan package of priority legislation aimed at addressing public safety and mental health. In April, Assembly Speaker Robert Rivas (D-Hollister) announced additional legislation in the package. This legislative package featured various proposals, ranging from increased access to addiction and mental health treatment, to enhancing tools for law enforcement. The legislative package was introduced as an alternative to the Homelessness, Drug Addiction, and Theft Reduction Act, a Dec. 10, 2024 Item #2 Page 16 of 38 [i(CPPG CALIFORNIA PUBLIC POLICY GROUP 1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 7 proposed ballot initiative seeking to repeal parts of Proposition 47 and increase sentences for certain drug and theft crimes. However, the slate of bills was enacted and the Theft Reduction Act appeared on the November ballot as Proposition 36. More Housing Laws Aimed at Targeting Local Agencies: After abandoning plans for a $10 billion affordable housing bond and reducing housing funding in the budget, the Legislature’s 2024 housing package continued the narrative that local governments are the primary barrier to housing production. A key theme this year focused on bills designed to increase pressure on local agencies to secure approval for housing elements from the Department of Housing and Community Development. These bills overlooked the established legal processes that ensure neutral judicial dispute resolution regarding housing element compliance. Instead, they introduced legal presumptions, tight deadlines (without committed funding for compliance assistance), and various vulnerabilities. In essence, the approach offered more sticks and no carrots, even for communities recognized with the state’s esteemed “Prohousing Designation”. Democrats Flexing Supermajority: Democrats leveraged their bicameral supermajority to advance ACA 10 (Aguiar-Curry) [Chapter 134, Statutes of 2024]. This resolution instructed the Secretary of State to amend ACA 1 (Aguiar-Curry) [Chapter 173, Statutes of 2023], eliminating all sections that authorized the imposition of a sales and use tax and a parcel tax with a 55 percent vote. Additionally, ACA 10 revised the definitions of “affordable housing” and “public infrastructure” in ACA 1. In early July, following more than five years of debate and discussion, the Legislature reached an agreement on a climate bond. Senator McGuire announced in a press release that SB 867 (Allen) [Chapter 83, Statutes of 2024] would be the vehicle for the bond measure, which sought voter approval for funding initiatives related to safe drinking water, drought management, flooding, wildfires, forest resilience, sea level rise, extreme heat, park creation, and outdoor access. The compromise amount for the bond was $10 billion, falling short of previous proposals that sought nearly $16 billion in funding. California Supreme Court Sidelines CBRT: In late June, it was announced that the California Supreme Court had removed the California Business Roundtable tax measure from the November 2024 ballot. This measure would have required a two-thirds vote by the Legislature for new state taxes and a two-thirds vote by voters for new local taxes. The court’s decision marked a significant victory for the state and local governments. By the evening of August 31, the Legislature had advanced a total of 1,206 bills to the Governor for his consideration in 2024. By September 30, the Governor had signed 1,017 bills into law and had vetoed 189, resulting in a signing ratio of approximately 85 percent to 15 percent. This ratio aligns with the average since Governor Newsom took office. The Legislature will officially adjourn the 2023- 24 legislative session on November 30 and will reconvene for the 2025-26 legislative session during a one-day Organizational Session on December 2, returning full-time for the new two-year cycle on January 6, 2025. Dec. 10, 2024 Item #2 Page 17 of 38 [i(CPPG CALIFORNIA PUBLIC POLICY GROUP 1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 8 KEY PERFORMANCE INDICATORS Our legislative advocacy for your City entails the CPPG team working with individual lawmakers, both inside and outside the City’s legislative district, committee staff, the Governor’s Administration, and regulatory officials to support the City’s policy goals. This collaborative strategy is essential not only to propel the City’s policy goals forward, but also to mitigate potential legal, operational, or fiscal challenges posed by state legislation. Effective advocacy hinges on raising awareness and disseminating critical information regarding specific issues of interest. Empowering your City Council, staff, and advocacy team is paramount in driving your legislative agenda. In Sacramento, our direct advocacy efforts vary from working with legislative committee members and lawmakers on refining bill language and providing technical amendments, to mobilizing robust coalitions aligned with the City’s objectives. This entails educating legislators, rallying supporters, engaging with the media, and tirelessly pursuing partnerships while maintaining a sharp, focused approach. Over time, a sustained legislative advocacy effort helps your City to develop strong alliances and enduring relationships with your allies. Working with legislators to familiarize them with your concerns often results in lawmakers—even those outside your legislative district—becoming champions for your specific issues. Establishing personal connections with legislators enhances your City’s credibility, allowing for significant influence in the legislative process. While sustained advocacy does not guarantee success on every front, a lack of engagement will lead to state policies that undermine local decision making and introduce new financial, legal, or operational hurdles. The following narrative succinctly highlights our achievements and key performance indicators during the 2024 legislative session, showcasing how our efforts have advanced your interests or have considerably reduced impacts on your agency. Highlights: Legislative Advocacy Success ✓ AB 2715 (Boerner) Ralph M. Brown Act: closed sessions (City of Carlsbad, Sponsor) As part of CPPG’s annual review of the legislative platform, we meet with each City department to address potential legislative proposals that are brought to the Legislative Subcommittee and City Council for consideration. This year the City of Carlsbad sponsored AB 2715 by Assemblymember Tasha Boerner (D-Encinitas), which allows for a public agency to discuss matters related to cybersecurity under closed session. Cyberattacks on a public entity’s computer infrastructure are on the rise. Reports suggest that cyberattacks on the public sector rose 40 percent in 2023. These attacks have real consequences for public entities. Ransomware disrupts City services and often results in personal information leaked to the Internet. Not only does a cyberattack require a public entity to seek legal expertise about mitigation, notification, and labor relations, but the leak often results in litigation. Public entities have legal Dec. 10, 2024 Item #2 Page 18 of 38 [i(CPPG CALIFORNIA PUBLIC POLICY GROUP 1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 9 immunities and particular arguments, unavailable to private businesses, to combat class-action lawsuits. As the sponsor of the bill, it is the responsibility of CPPG and the City to work closely with Assemblymember Boerner and her staff to get the bill through the legislative process, including drafting the bill, enlisting organizations to support, addressing opposition, considering amendments, and meeting with committee consultants. As the sponsor, CPPG worked with staff to draft talking points for the City Attorney, who served as the bill’s primary lead witness in support of the bill. AB 2715 was signed by the Governor on September 14, 2024 (Chapter 243, Statutes of 2024). ✓ AB 2234 (Boerner) Vehicles: Electric Bicycles (City of Carlsbad, Sponsor) In 2022, the City of Carlsbad declared a local state of emergency to address the rise in collisions involving e-bikes. The primary objective has been to focus on education, engineering and enforcement. In addition to local efforts, CPPG has worked closely with City staff and Assemblymember Boerner to address safety through statewide legislation. The City Council approved sponsoring AB 2234, authored by Assemblymember Boerner, to require e-bike riders age 12 and older without a valid driver’s license to take an online e-bike safety training course and pass a written test to prove they understand traffic safety rules. Those without a driver’s license must have a state-issued identification card to operate an e-bike. The bill would also have prohibited children under the age of 12 from operating an e-bike of any class. CPPG worked closely with the author’s office to provide testimony and address concerns raised by the Assembly Transportation Committee that the bill may be premature. In recent years there have been a number of bills pertaining to e-bikes, including SB 381 (Min), (Chapter 869, Statutes of 2023) which requires the Mineta Transportation Institute to conduct a study on the safety of e-bicycles due to the Legislature by January 1, 2026. As a compromise, the AB 2234 was amended to authorize a pilot program within San Diego County allowing jurisdictions to adopt an ordinance to prohibit a person under the age of 12 from operating a class 1 or 2 electric bicycle. AB 2234 was signed by the Governor on September 28, 2024 (Chapter 823, Statutes of 2024). ✓ AB 2560 (Alvarez) Density Bonus Law: California Coastal Act of 1976 (City of Carlsbad, Oppose) AB 2560, introduced by Assemblymember David Alvarez (D-San Diego), addresses California’s coastal housing shortage by amending the state’s Density Bonus Law to apply within the Coastal Zone. This law is intended to incentivize developers to include affordable housing by permitting increased housing density. However, this provision has not applied within the Coastal Zone, which includes some of California’s most expensive real estate. AB 2560 aimed to change this by allowing density bonuses in coastal areas, requiring them to contribute to affordable housing just like other areas of the state. Supporters argue that this bill balances the Coastal Commission’s mission to protect environmental resources while addressing the housing needs in coastal regions, many of which rank among the Dec. 10, 2024 Item #2 Page 19 of 38 [i(CPPG CALIFORNIA PUBLIC POLICY GROUP 1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 10 least affordable in the nation. Groups like Circulate San Diego, SPUR, and the Bay Area Council supported the bill, emphasizing that affordable housing should not be excluded from coastal regions. This was a unique bill in that CPPG and local government found an ally with environmental groups who had expressed concern about potential strain on coastal ecosystems. CPPG heavily lobbied the members of the Senate Natural Resources and Water Committee, who analyze how legislation will adversely impact natural environments. The Committee substantially amended the bill to address the concerns of the environmental organizations but, adversely to the authors intent, also added additional protections to the California Coastal Act, making it more difficult to build additional housing. On August 15, the author ultimately chose to pull his bill, as the amendments undid the purpose of the bill, halting its progress in 2024. ✓AB 2257 (Wilson) Local government: property-related water and sewer fees and assessments: remedies (City of Carlsbad, Support) AB 2557 builds on Proposition 218’s procedural requirements by establishing a clear mechanism for customers to voice questions, concerns, comments, and criticisms regarding proposed rate structures. While a transparent public process is essential, it is crucial to implement a requirement that ratepayers submit a timely written objection to any new or amended property-related fee or charge, or special assessment during the ratemaking process. This requirement serves as a prerequisite for pursuing litigation after the approval of the new rates or assessments. To address these issues, CPPG collaborated closely with the author’s office and a diverse coalition of local agency stakeholders, navigating six rounds of amendments to address opposition concerns while preserving the measure’s primary intent. Ultimately, this approach seeks to mitigate the financial uncertainty and risks to government services that arise from ratepayers pursuing costly and frivolous litigation after rate adoption. As a result of our efforts, the Governor signed AB 2257 into law on September 25, 2024 (Chapter 561, Statutes of 2024). ✓Public Safety Bill Package: AB 1779 (Irwin), AB 1802 (Jones-Sawyer), AB 2943 (Zbur), SB 905 (Wiener) In the fall of 2023, it was clear that the Assembly would prioritize legislation to address public safety concerns specifically those related to smash and grab retail theft incidents. The first step was forming the new Select Committee on Retail Theft, comprised of bipartisan members from across the state, including from areas most impacted by retail theft. The purpose of the committee was to engage impacted stakeholders, including large retailers, small businesses, criminal justice reform advocates, law enforcement, and representatives of workers and the public to identify policy solutions to this ongoing crisis. When the Assembly introduced their public safety legislative package, the Senate followed suit and did the same. The overall package cracks down on the theft and sale of stolen items, creates stricter penalties for individuals involved in retail and property theft, mandates sentencing enhancements for large-scale operations, and creates new crimes — imposing enhanced felony charges and extended prison sentences. Dec. 10, 2024 Item #2 Page 20 of 38 [i(CPPG CALIFORNIA PUBLIC POLICY GROUP 1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 11 The passage of the bills was almost put to a halt when Governor Newsom and Democratic lawmakers’ actions led to a political fight over what is now known as Proposition 36. Stating that the ballot measure was not necessary, they amended the public safety legislative package with controversial amendments that added an urgency clause but also an inoperability clause, which states that if the measure was approved the bills would effectively be repealed. The Administration went as far as attempting to rush through an alternative ballot measure to compete with Proposition 36, which was overwhelmingly approved by over 70% of voters. CPPG worked to strengthen the public outcry on a serious issue that was of the utmost importance to a majority of Californians and urge the City’s delegation to oppose the amendments. The press questioned the motives in a press conference, Republicans claimed gamesmanship, and fellow democrats removed their support of the package, even some removing their name as an author. Ultimately the controversial amendments were removed and the legislative package passed with bipartisan support. ✓AB 1779 (Irwin) Theft: jurisdiction (City of Carlsbad, Support) AB 1779 permits the consolidation of specifled theft charges, as well as all associated offenses, occurring in different counties into a single trial if the district attorneys in all involved jurisdictions agree. This is a bill that the author has attempted for multiple years and the City was pleased to support this common sense measure. AB 1779 was signed by the Governor on August 16, 2024 (Chapter 165, Statutes of 2024). ✓AB 1802 (Jones-Sawyer) Crimes: organized theft (City of Carlsbad, Support) AB 1802 permanently removes the sunset clause on California’s Organized Retail Theft statute, which was initially established in 2018. This change makes permanent the provisions that allow law enforcement and prosecutors to tackle organized retail crime with measures such as the California Highway Patrol’s Property Crimes Task Force. AB 1802 was signed by the Governor on August 16, 2024 (Chapter 166, Statutes of 2024). ✓AB 2943 (Zbur) Crimes: shoplifting (City of Carlsbad, Support) The California Retail Theft Reduction Act was the most substantial bill of the overall package, creating speciflc penalties for serial retail theft, allowing the aggregation of theft incidents across different locations and victims to reach a grand theft charge, if speciflc criteria are met. AB 2943 was signed by the Governor on August 16, 2024 (Chapter 168, Statutes of 2024). ✓SB 905 (Wiener) Crimes: theft from a vehicle (City of Carlsbad, Support) SB 905 clarifled what is known as the locked door loophole which stated that a broken car was not sufficient to convict a suspect of auto burglary unless prosecutors can prove the door was locked at the time. SB 905 eliminates the hurdle by making forcible entry sufficient to prove intent of auto burglary. SB 905 was signed by the Governor on August 16, 2024 (Chapter 170, Statutes of 2024). Dec. 10, 2024 Item #2 Page 21 of 38 [i(CPPG CALIFORNIA PUBLIC POLICY GROUP 1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 12 ✓ Labor Relations Bill Package: AB 2557 (Ortega) and AB 2561 (McKinnor) This year, there was a package of bills aimed at targeting public sector employers. Collectively, these measures would all but eliminate contract service work for local agencies given the broad applicability, elimination of administrative discretion, and new avenues for litigation. CPPG engaged with the broader local government advocacy community—including the League of California Cities, the California State Association of Counties, the Urban Counties of California, the Rural County Representatives of California, the California Special Districts Association, and K-12 and higher education organizations, among others—to create a robust opposition coalition to educate the legislature on specific impacts to local agencies and work with authors and sponsors to remove the impacts. It quickly became clear that the bill sponsors were unwilling to work with locals, and CPPG worked to further broaden the coalition, to educate the City on the impacts of these measures, and to ultimately seek to stop the measures from moving forward. ✓ AB 2557 (Ortega) Local agencies: contracts for special services and temporary help: performance reports (City of Carlsbad, Oppose) AB 2557 aimed to eliminate or signiflcantly reduce the ability of local entities to contract for services, including with non-proflts and for many temporary or seasonal positions. Additionally, it expanded deflnitions to encompass specialized services that are in high demand and often difficult to flll, such as engineering. Among other issues, the bill would have mandated that local agencies notify specified employee organizations at least ten months prior to initiating a procurement process for contracting special services currently or previously provided by a member of those organizations. One of the most troubling provisions would have placed a designated labor representative on par with elected officials in contractual decision-making processes. This would be done by granting the designated labor representative the ability to declare a current service contract null and void if they believed the contract service worker was out of compliance with the law. Notably, the bill did not include any exemptions for emergency events. Furthermore, it proposed requirements that would have subjected private employee data to the California Public Records Act, potentially deterring effective partnerships with the private sector. In response to these concerns, CPPG provided a detailed analysis to the City of Carlsbad on this measure, and we additionally provided our analysis to the League of California Cities who used it as the basis for its Action Alert to drive more individual agencies to oppose the bill. We continued to work closely with local partners, City staff, and coalition advocates throughout the legislative process. As a direct result of our efforts, and a coalition of stakeholders, AB 2557 was held on the Senate Appropriations Suspense File, halting its progress in 2024. ❖ AB 2561 (McKinnor) Local public employees: vacant positions (City of Carlsbad, Oppose) In its introduced form, AB 2561 would have required local agencies with bargaining unit vacancy rates exceeding 10% for more than 180 days (approximately 6 months) to produce, implement, and publish a plan to reduce their vacancy rates to 0% within the subsequent 180 days. The bill also required the public agency to present this plan during a public hearing—for every violation in every bargaining Dec. 10, 2024 Item #2 Page 22 of 38 [i(CPPG CALIFORNIA PUBLIC POLICY GROUP 1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 13 unit—to the governing legislative body and to publish the plan on its website for public review for at least one year. CPPG worked diligently in tandem with local partners, City staff, and coalition advocates to meet with the author’s office, legislators, bill sponsors, and committee staff to seek amendments to reduce the cost, timelines, and impacts of the bill. CPPG also met with legislative leadership and ultimately the Governor’s Office to communicate the signiflcant concerns with implementation. As a direct result of our efforts, and a coalition of stakeholders, this bill was substantially amended prior to making its way to the Governor to increase the vacancy threshold to 20% and instead require just one annual public hearing on the status of vacancies per fiscal year. These amendments were vetted by CPPG as part of the local government working group and brokered by representatives of the local government coalition. While we continued to advocate for a veto, the impact of the bill was significantly lessened through the negotiated language. This bill was signed by the Governor on September 22, 2024 (Chapter 409, Statutes of 2024). ❖ Impact Fee Bills: AB 2729 (Patterson) and SB 937 (Wiener) This year, there was a concerted effort from housing advocates and some legislators to look to local development impact fees as a source of cost control for housing development. These proposals stopped short of eliminating a local agency’s ability to collect impact fees, but across the board, the proposals shifted fiscal risk from for-profit developers to taxpayer-funded local governments. CPPG quickly mobilized to form an opposition coalition, enlisting the support of various local government associations, including the League of California Cities, the California State Association of Counties, and the California Special Districts Association. This coalition sought to educate the Legislature on the necessity and application of impact fees while working with the authors and sponsors to address and remove any fiscal impacts associated with the bills. ❖ AB 2729 (Patterson) Development projects: permits and other entitlements (City of Carlsbad, Oppose) AB 2729 was amended in June to limit collection of impact fees and timing of collection, in similar ways to SB 937 but more limiting. We mobilized our development impact fee coalition and approached the author’s office and bill sponsors. The author and sponsors were unwilling to amend the bill to address our concerns. In response our team worked with the Senate Appropriations committee staff, Senate Local Government committee staff, and with the bill sponsors of SB 937 who felt this measure may confiict with their bill to eliminate the impact fee requirements from this bill. As a direct result of our advocacy efforts, and a coalition of stakeholders, AB 2729 provisions relating to timing of development impact fee collection and fiscal backstops was stripped from the bill, leaving our negotiated language in SB 937 as the official deal. This bill was signed by the Governor on September 27, 2024 (Chapter 737, Statutes of 2024). ❖ SB 937 (Wiener) Development projects: fees and charges (City of Carlsbad, Oppose) In its original form, SB 937 raised signiflcant concerns. This measure applied to all development projects and deferred the payment of local fees until the issuance of a certiflcate of occupancy. It proposed consolidating utility and park fees into new sections of the Mitigation Fee Act. Furthermore, Dec. 10, 2024 Item #2 Page 23 of 38 [i(CPPG CALIFORNIA PUBLIC POLICY GROUP 1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 14 the bill aimed to eliminate the existing flscal guardrails that local jurisdictions depend on to secure payments and ensure flscal accountability for ongoing projects within their communities. In response, we collaborated with the Senate Local Government Committee, the author, and the sponsors early in the year to secure signiflcant amendments that addressed key concerns. The bill was amended to apply solely to affordable housing projects, marking a considerable shift from its original intent. It allowed fees to be collected in batches as projects come online or when a construction plan is flnalized and ready to commence. Additionally, the inappropriate commingling of utility and park fees was eliminated, and, importantly, the existing flscal guardrails were retained. Unfortunately, in the eleventh hour of the legislative session, the author introduced amendments that further restricted the bill’s fiexibility regarding the collection of fees in advance of when a project is ready. The revised bill now permits pre-collection only under speciflc circumstances for a limited list of approved project types. Notably, utility capacity charges, parks, and stormwater drainage fees are excluded from this list. While we successfully rallied over a dozen votes in both houses against these last-minute amendments—which were made without local input—the bill ultimately passed and was signed by the Governor. However, the version signed into law is signiflcantly different from the initial proposal, which posed a broad threat to local revenues. As a direct result of our efforts, and a coalition of stakeholders, SB 937 was narrowed to only apply to affordable housing projects and the most harmful proposals were removed from the bill. SB 937 was signed by the Governor on September 19, 2024 (Chapter 290, Statutes of 2024). Summary of Advocacy Deliverables At CPPG, our commitment extends far beyond traditional state legislative advocacy—it’s a year- round partnership dedicated to serving our clients in every capacity possible. We tackle local challenges that intersect with state interests, collaborate with City staff on innovative policies, and deliver educational resources that enhance the Council’s and the staff’s understanding of critical issues. In advocating for your City, consistent communication with your staff and Council is a top priority for our team. Keeping you well-informed supports our ability to effectively and successfully represent your interests. To this end, we provide memos tailored to your City that include specific analyses of legislation and regulatory matters, and updates on the legislative process, as needed. In 2024, CPPG sent your team 36 memos with analyses or updates that illustrated City-specific impacts and/or potential funding sources for the City. These memos kept you informed about specific legislation and policies of potential interest to your City, especially those that may impact your City’s operations, authority, or decision making. We kept you updated on important developments in the Capitol through regularly scheduled Zoom meetings. These weekly check-in meetings served as essential touchpoints, framing the continuous and often daily dialogue we maintained with City staff through calls, texts, and emails. Additionally, we held monthly presentations to the legislative subcommittee providing insights on legislative Dec. 10, 2024 Item #2 Page 24 of 38 [i(CPPG CALIFORNIA PUBLIC POLICY GROUP 1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 15 developments and highlighting the City’s active participation in the legislative process. This consistent exchange of information ensured that everyone stayed aligned and informed as we navigated the complexities of governance together. Each month, CPPG supplied your City with a written legislative summary that highlighted key developments in the Legislature and updates on legislation, along with announcements from the Administration, all of which were tailored to your City’s specific interests. Additionally, our Monthly Activity Reports meticulously documented every touchpoint CPPG had with and on behalf of the City. Meeting with the Department of Housing and Community Development: On April 22, CPPG facilitated a meeting between the City and the Department of Housing and Community Development to discuss challenges pertaining to the Windsor Pointe affordable housing project. Modification of the Legislative Platform: The legislative platform is a set of guiding principles that reflects the overarching ideals and vision of the Council. This document is critical to the overall legislative advocacy program as it provides broad policy statements that enable the City and its legislative advocacy firm to sift through the thousands of legislative proposals introduced each legislative session to evaluate those measures that fall within the scope of the platform. Working in conjunction with City staff, CPPG met with several department directors or team members and received feedback from staff to make major changes to the City’s legislative platform. Detailed Legislative Analysis: CPPG provided the City with several detailed analyses of pieces of legislation. These analyses were critical in helping the City assess pending legislation’s potential implications for operations, local discretion, and/or authority. Examples of analysis include but are not limited to: • Analysis of AB 205 (Committee on Budget) [Chapter 61, Statutes of 2022] • Analysis of AB 1886 (Alvarez) [Chapter 267, Statutes of 2024] • Analysis of AB 1893 (Wicks) [Chapter 268, Statutes of 2024] • Analysis of AB 2023 (Quirk-Silva) [Chapter 269, Statutes of 2024] • Analysis of AB 2489 (Ward) • Analysis of AB 2557 (Ortega) • Analysis of AB 2583 (Berman) • Analysis of ACA 10 (Aguiar-Curry) [Chapter 134, Statutes of 2024] • Analysis of SB 450 (Atkins) [Chapter 286, Statutes of 2024] • Analysis of SB 1037 (Wiener) [Chapter 293, Statutes of 2024] • Analysis of SB 1123 (Caballero) [Chapter 294, Statutes of 2024] Updates on Legislative, Regulatory, and Fiscal Processes: CPPG provided timely informational reports during critical stages of the budget and policy processes, and followed up with your staff to answer any questions and close the loop. These updates provided your City with the necessary situational awareness of statewide trends and of regulatory, fiscal, and legislative developments. Examples of these reports include but are not limited to: • California Business Roundtable initiative • Carrier of last resort • Ballot measures Dec. 10, 2024 Item #2 Page 25 of 38 [i(CPPG CALIFORNIA PUBLIC POLICY GROUP 1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 16 • Bill introduction deadline • Budget updates: January proposal, May revision, and June final • Climate bond • Department of Housing and Community Development webinar • House of origin deadline • Housing legislation approved by the Governor • Behavioral health bond • State Auditor report on homelessness • Appropriations Suspense File LOOKING AHEAD Legislature Composition On December 2, 2024, the California State Legislature will convene its organizing session. Both incumbents and newly elected members will take their oaths of office, marking the commencement of the new 2025-26 Legislative session. This event signifies the first full turnover of the Legislature since the enactment of Proposition 28 in 2012, which established new twelve-year term limits. Consequently, the past four years have witnessed a considerable turnover among members. With a total of 34 new members—24 in the Assembly and 10 in the Senate—the new composition for the upcoming session presents both challenges and opportunities. This influx is expected to lead to a surge in the number of measures introduced during the first year of the session. Members will move swiftly to honor campaign promises and vie for recognition as thought leaders in various policy areas. While the turnover inevitably leads to a dilution of institutional knowledge, it simultaneously opens the door to exciting new prospects. Agencies and advocates will find themselves starting from scratch—cultivating relationships and introducing their priorities to a new class of members ready to influence the legislative landscape for years to come. As we begin the new two-year legislative session, we expect to see shifts in committee chairs and their compositions. Although formal announcements are still pending, updates regarding policy committees are anticipated between December and early January. These changes are crucial, as they directly impact which bills will navigate through committees and in what form. Although committee chairs had less dictatorial power in 2024 compared to previous years, their influence over committee votes remains substantial. Chairs are chosen based on their favorability with chamber leadership and their ability to navigate legislation through the complex legislative process. Both Assembly Speaker Robert Rivas and Senate President pro Tempore Mike McGuire are expected to remain in their leadership roles moving into 2025. Dec. 10, 2024 Item #2 Page 26 of 38 [i(CPPG CALIFORNIA PUBLIC POLICY GROUP 1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 17 Continued Budget Deficit As projected in the final budget released in June 2025, we will likely continue to see budgetary problems and therefore additional actions to continue to pass a balanced budget. In September, California saw significant tax collections, with personal income taxes and corporation taxes both exceeding budget forecasts by 20% and 22%, respectively. Quarterly estimated personal income tax payments were particularly strong, driven by a rise in domestic stock prices. For the fiscal year 2024- 25 so far, personal income tax is 11% ahead of forecasts, and corporation taxes are 42% ahead. While this is welcomed news, it’s likely that this revenue boost will primarily benefit public schools due to obligations under Proposition 98. In early November, it became clear that personal and corporate income taxes for October exceeded 2024 state budget projections by $1.2 billion. For fiscal year 2024-25 to date, income taxes are $5.2 billion above projections, and 2023-24 General Fund revenue receipts were $3.2 billion above projections. Most of the revenue overage is already allocated for school funding obligations, new ballot measures, unmet savings efforts, and future unfunded costs. Additionally, potential federal changes and the Governor’s proposed expansion of the film and television tax credit may impact the state budget going forward. The Legislature’s non-partisan Legislative Analyst’s Office (LAO) recently released a report estimating that the fiscal year 2024-25 budget solved a $55 billion deficit, which is somewhat higher than the $46.8 billion deficit the Administration had said it had closed. The LAO attributes this difference to the treatment of baseline spending for schools and community colleges, and stated that the key solutions for addressing the budget include reserve withdrawals, spending reductions, revenue increases, and cost shifts. The Department of Finance is currently working with other agencies to craft the Governor’s fiscal year 2025-26 budget, the proposal for which must be released by January 10, 2025. For local government, an extended period of state fiscal uncertainty has the potential of cutting both ways. On the one hand, polices that aim to reduce local authority by mandating a new program have the potential of being held due to the state’s budgetary concerns associated with new state reimbursable mandates. On the other hand, the Legislature has a long history of raiding local budgets to close that gap on its own budgetary challenge. Local governments need to remain vigilant in aggressively fighting any attempts by the state to reduce local funding formulas, or other longstanding tools that local agencies rely on to provide critical services. Special Legislative Session and The “Trump Resistance” Given the political dynamics and historical context of the Legislature, along with the Newsom Administration’s response to the impending Trump Administration, we anticipate a variety of new policy initiatives aimed at pushing back against policies that contradict progressive ideals. On November 7, Governor Newsom announced in a press release the convening of an extraordinary session, which is set to begin on December 2, 2024. Typically, special session bills need to be in print for several days after the session starts, and committee hearings may be expedited compared to those in a regular session. The stated intent of Dec. 10, 2024 Item #2 Page 27 of 38 [i(CPPG CALIFORNIA PUBLIC POLICY GROUP 1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 18 the special session is to “safeguard California values and fundamental rights in the face of an incoming Trump Administration” and to “focus on bolstering California legal resources to protect civil rights, reproductive freedom, climate action, and immigrant families.” Importantly, by calling a special session, lawmakers are not bound by the usual “bill limit.” This means that they can introduce several measures during the special session, provided they are germane to its purpose, while still advancing their normal number of bills during the regular session. Generally, standing legislative committees must be established for each new regular or extraordinary session, and it is common for special sessions to run concurrently with regular sessions. More broadly, major policy areas of focus for the special legislative session will likely center around the following: Climate Change and Environmental Policies: One of the most significant areas of focus will likely be environmental policies. California has positioned itself as a leader in climate change action. Under a Trump presidency, which has been characterized by skepticism toward climate science and a rollback of environmental regulations, California’s leadership may further emphasize sustainable practices and push for stronger state-level regulations to counteract federal policies. Expect initiatives aimed at green energy, emissions reduction, and conservation efforts to gain traction. Healthcare: With the Trump Administration’s efforts to repeal or modify the Affordable Care Act (Obamacare), California’s government may react by reinforcing its commitment to healthcare access. This may include expanding Medi-Cal, promoting state-level insurance solutions, or even exploring universal healthcare initiatives, as the state’s population leans towards protecting and expanding healthcare access. Immigration: California has a large immigrant population and has long opposed hardline immigration policies. The state government is likely to double down on policies that protect undocumented immigrants, such as sanctuary laws, and may actively resist federal immigration enforcement actions, which could manifest in legal challenges against the Trump Administration’s policies. Social Justice and Equality: Given California’s progressive stance on social issues, expect a focus on policies promoting racial equity, LGBTQ+ rights, and economic justice. Any perceived federal efforts that threaten these rights or reverse progress in these areas will likely provoke a legislative response aimed at bolstering protections at the state level. Economic Policies: Economic policies will also be crucial, particularly in addressing any federal tax changes or economic initiatives that could adversely affect California’s diverse economy. The state may aim to protect its own industries, such as tech and entertainment, from any disruptive federal policies. Anticipated Policy Trends—Regular Legislative Session At the end of the 2023-24 legislative session, there were several policy areas with specific impacts on local agencies that were left unfinished. With no anticipated change to legislative leadership, we anticipate that emerging policy trends in the regular session will include the following: Dec. 10, 2024 Item #2 Page 28 of 38 [i(CPPG CALIFORNIA PUBLIC POLICY GROUP 1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 19 Housing: As has been the case during the past several years, housing and land use policy will continue to be a major policy area of focus for the Legislature. During the 2023-2024 legislative session we saw a total of 127 housing related measures advance to the Governor’s desk where he signed 97% into law. However, many of the housing measures introduced in 2024 were aimed primarily at increasing production of market rate developments and reducing local planning discretion. Despite these legislative efforts, California has yet to realize the production boom that Governor Newsom hoped for when he unveiled his “Marshall Plan for Housing” in 2019, which was a mandate to build 3.5 million new housing units by 2025. Local government planning and land use is often easier for legislators to focus on rather than grappling with the realities of private markets, addressing the lack of adequate energy supply, allocating major funding for subsidized housing, and challenging developers, environmental organizations, and other powerful interest groups. During a press event in September to announce the signing of several housing bills, the Governor, along with several other elected officials, doubled down on the narrative that local agencies bear sole responsibility for California’s housing crisis. In the summer of 2024, the Assembly Select Committee on Permitting Reform released a “Purpose Statement“ and held its first informational hearing on “Understanding the Permitting Impediments to Addressing the Housing and Climate Crises”. In a statement on the hearing, the chair of the Committee, Assemblymember Buffy Wicks (D-Oakland), stated that the Committee would take “an inclusive, equitable and evidence-based approach to address systemic issues within the state’s permitting processes.” Areas of focus include “permitting impacts on housing, climate resilience, including water and wildfire, and clean energy” across California. The Committee held another informational hearing in October that focused on “Permitting Reform to Facilitate Climate Resiliency”. The Committee, in consultation with Bay Area Council, a business association located in San Francisco, is studying a broad range of permitting processes at the state and local levels that it claims act as barriers to private investors. The goal of Committee members would be to eventually introduce legislation that would aim to lower the overall number of permits required for a given project, especially in cases where permits may overlap. A report with recommendations by the Committee will be issued at the culmination of the Select Committee and will provide more insight into potential legislation over the next two year legislative session. Given the above, we will likely see housing policy proposals that focus on: • Increased enforcement and oversight from the Attorney General and the Department of Housing and Community Development, respectively. • Further measures to streamline local permitting. • Increased production and density measures in single-family neighborhoods. • Reduced local authority on development impact fees. Energy Package: In the final days of session, the Legislature passed several energy bills designed to cut electric bills and streamline clean energy. However, two bills related to fast-tracking renewable energy projects and increasing oversight of utilities’ wildfire costs did not advance to the Governor’s desk. The California Energy Commission (CEC) has adopted updates to the Building Energy Efficiency Standards, which will take effect on January 1, 2026. These standards aim to improve energy efficiency in newly constructed buildings, renovations, and certain existing buildings. It is Dec. 10, 2024 Item #2 Page 29 of 38 [i(CPPG CALIFORNIA PUBLIC POLICY GROUP 1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 20 likely that the Legislature will continue to advance legislation surrounding clean energy, reducing greenhouse gas emissions, and streamlining energy projects in order to continue to try to meet the Governor’s goal of 100% clean electricity by 2045. The Governor’s plan includes accelerating the development of solar, wind, and battery storage projects, and modernizing the electrical grid to be more resilient and efficient. Water: Water legislation in 2025 will also continue to focus on several key areas to address the challenges posed by climate change and ensure sustainable water management, including conservation, disaster preparedness and rate assistance for low-income households. We will likely see more bills that aim to create a more resilient water supply system, protect against extreme weather, and promote long-term sustainability. In addition, we are likely to see legislation designed to protect the state’s wetlands and add new safeguards for the water supplies of rural communities. Starting January 1, 2025, new regulations will require approximately 400 of California’s largest cities and water districts to develop annual water-use budgets. These budgets will consider factors such as residential indoor and outdoor water use, commercial and industrial landscapes, and allowable water loss from leakage. We could also see legislation in 2025 designed to alter or address any implementation issues that arise from these regulations, such as costs or regulatory hurdles. AI and Technology: We anticipate that artificial intelligence (AI) will continue to be a “hot” issue going forward in 2025. Legislation addressing several issues of concern regarding AI use, including ethics, data, privacy, surveillance, transparency, job displacement, safety, and the environmental impact of the technology will continue to emerge as AI continues to develop and integrate into various aspects of society. Grant Funding Prepared by: Jake Whitaker, Director of Grant Services Over the past several years, we have experienced a rollercoaster of state spending – with a sudden whiplash from unprecedented surpluses and spending to large deficits and subsequent budget cuts. While the state has had to pull back on discretionary spending programs during the past two budget cycles, funding for “core” programs to address transportation, public safety, housing, homelessness, and community infrastructure has largely been maintained at reduced levels. Passage of Proposition 4 (the “Climate Bond”) will allow the state to fund a portion of its climate and sustainability initiatives while state revenues recover. Proposition 4 authorizes the state to take out $10 billion in bonds to fund projects and programs that reduce the severity, frequency, and impacts of climate-related natural disasters including fires, drought, floods, extreme heat, and mudslides. Various existing grant programs were folded into the climate bond and zeroed out in the budget effectively as an anticipated “fund shift” to the climate bond funds. At the federal level, we are entering the back half of the Bipartisan Infrastructure Law (BIL). Passed in 2021, the BIL authorized $1.2 trillion in spending over five fiscal years of augmented spending on transportation, water, and sustainable infrastructure. At this point in time there are only two more fiscal years of BIL funding remaining. The Inflation Reduction Act (IRA) is entering the next phase of its implementation. While some programs will continue to be implemented directly by the federal government, many of the IRA’s most impactful investments have been awarded to states and financing institutions to carry out implementation. This includes the $27 billion Greenhouse Gas Dec. 10, 2024 Item #2 Page 30 of 38 [i(CPPG CALIFORNIA PUBLIC POLICY GROUP 1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 21 Reduction Fund (GGRF) and several large-scale programs that have been awarded to states to solicit subrecipients for. The IRA’s Direct Pay provisions for local government entities are also now in effect, providing opportunities for local governments to claim funding that was formerly only available to private entities in the form of tax credits through the IRS for sustainable infrastructure investments. CPPG will continue to monitor new developments in the coming year as we prepare for changes in the grant funding opportunity landscape. However, we encourage all clients to proactively begin considering potential projects that align with identified upcoming grant programs to prepare for competitive solicitations throughout the upcoming year. Local Agency Grant Seeking in the Second Trump Presidency— What to Expect Prepared by: Jake Whitaker, Director of Grant Services While President Trump has sought to publicly distance himself from The Heritage Foundation’s Project 2025 in favor of his Agenda 47, CPPG has conducted a thorough review of both documents to assess potential impacts on local government agencies resulting from changes to federal grantmaking under a second Trump Administration. The 900+-page Project 2025 presents an extremely detailed action plan for a second Trump Administration, while Agenda 47’s 16-page platform outlines broad goals without providing details on administrative implementation of these goals. We cannot ascertain the extent to which President-Elect Trump will draw from either Project 2025 or Agenda 47. However, a common theme in both initiatives seems to downplay the investments made by the Biden Administration in underserved communities and environmental justice. Administrative Impacts: Both platforms emphasize a shift toward state and local control, seeking to broadly limit federal involvement by decentralizing federal grantmaking and passing control of formula funding back to the states. Both platforms also include a call for targeted cuts to eliminate grant programs perceived as ideologically driven or inefficient. Agenda 47 justifies its proposed changes to federal grantmaking through the lens of efficiency and simplification, with a stated goal to reduce bureaucracy to allow quicker, clearer distribution of funds while making federal grants more outcome focused. Project 2025 takes this a step further with a more explicit goal of realigning federal grantmaking to support conservative policy priorities, with specific plans to reduce and eliminate grant programs providing funding for environmental or educational programs that conflict with conservative ideology. Given the lack of specific details in Agenda 47, much of our analysis looks at the administrative actions proposed in Project 2025 as a basis for what we might expect from the second Trump administration. Repeal of all Biden Administration Executive Orders prioritizing equity and climate action in federal grantmaking is anticipated under a second Trump Administration. Plans to reverse Biden’s climate-related Executive Orders are outlined in both documents. Project 2025 also calls for the elimination of the Justice40 initiative, which sets a baseline of directing at least 40% of federal spending to disadvantaged communities. The Department of Transportation (USDOT): Project 2025 calls for the elimination of the discretionary grant programs that are administered by USDOT. These discretionary programs would be folded into the Surface Transportation Block Grant (STBG) formula program distributed to the states, and then sub-awarded by the states to local government entities. This goal is to shift Dec. 10, 2024 Item #2 Page 31 of 38 [i(CPPG CALIFORNIA PUBLIC POLICY GROUP 1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 22 transportation spending away from federal directives and towards a state-controlled funding model. Furthermore, House Republicans have stated a goal of curbing “excessive” transportation spending after the conclusion of the Bipartisan Infrastructure Law’s funding cycle which concludes in FY 26. The BIL itself has maintained strong support from legislators in both parties in the face of attempts to reduce federal spending spearheaded by the House Republican Freedom Caucus members. Project 2025 also calls for a tightening of transportation infrastructure financing through the Build America Bureau (BAB) to enforce repayment standards and strengthen cost-benefit justification requirements. The Environmental Protection Agency (EPA): Project 2025 specifically calls for a pause and review of all large grants administered by the EPA to ensure alignment with the new administration’s priorities. The plan advocates for a political appointee to lead the EPA’s approximately $30 billion in grantmaking, shifting this responsibility away from career civil servants. The stated goal of Project 2025’s approach to EPA grantmaking is to prioritize larger, impact-driven grants over numerous small-dollar grants and crack down on grants awarded to academic institutions for research that the administration deems “radical.” The administration would also explore shifting responsibility for environmental initiatives to state and local governments, similar to their plans for transportation funding, in alignment with the plan’s call for a broader move to “cooperative federalism.” Housing and Urban Development (HUD): A recurring theme of Project 2025 is the stated desire to shift responsibilities of federal grant programs to state and local governments. HUD is no exception. Project 2025 calls for devolving programs such as housing vouchers to states, while promoting mobility over site-based subsidies. This could have significant impacts on federally subsidized affordable housing in communities throughout the country. The plan also calls for a focus on shorter- term rental assistance, eliminating programs deemed redundant, and streamlining HUD’s financial reporting and internal controls. One other notable policy shift would be a prioritization of transitional housing over permanent supportive housing as a solution for addressing homelessness. This would mark a federal shift away from the “Housing First” model. For federal grant programs that remain, CPPG anticipates significant changes to reporting requirements for local government agencies. Project 2025 calls for data collection to be standardized across federal agencies, with the goal of streamlining reporting to reduce administrative burdens with a specific callout to address the burdens placed on small and mid-sized local agencies. A similar effort began under the Biden Administration with the 2024 update to the Uniform Grant Guidance, but it remains to be seen how a second Trump Administration will go about implementing the 2024 Update – or whether they will pursue a subsequent update of their own. The shift away from procedural benchmarks as a measurement of success to outcome-based metrics may significantly change reporting requirements for federal grant programs. Legislative Impacts: President Trump will enter his second term with narrow control of the House and Senate. Speaker Mike Johnson is no stranger to navigating the challenges of a slim majority, and he had to rely on a bipartisan compromise with Democrats to enact the FY 24 federal budget deal. Will Trump’s return to office unify the House Republican caucus? Early indicators suggest that this will be the case, but it remains to be seen. With a projected 221 seat majority and three Representatives being nominated for cabinet posts, the margins will be even tighter and there will be plenty of opportunities for coalitions of members to leverage that slim majority to advance their Dec. 10, 2024 Item #2 Page 32 of 38 [i(CPPG CALIFORNIA PUBLIC POLICY GROUP 1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 23 own policy priorities within the legislative process – which, as we have seen over the past two years, can create a very chaotic policymaking environment. The Senate Republican caucus has historically been more moderate than the House Republican caucus on the issue of spending reductions, but there are fiscal hawks within the caucus that will push to make their goals a priority for leadership. Newly elected Majority Leader John Thune will have to navigate the challenges of a 53-seat majority. Thune has stated that the 60-vote legislative filibuster will remain intact, but budget cuts and/or changes to tax law could be enacted through the “reconciliation” process which lowers the threshold to a simple majority to pass legislation. Bipartisan Infrastructure Law: The BIL has survived multiple attempts in budget negotiations to cut its funding and maintains bipartisan support in the Senate. While clearly the dynamics have changed with a Republican trifecta, the BIL feels relatively safe compared to some of President Biden’s other legislative and administrative accomplishments. There are two fiscal years’ worth of funding still available through the BIL for FY 25 and FY 26 – the first three years of funding has already been obligated. CPPG anticipates a shift in priorities under the new administration, moving away from equity-based competitive scoring and restructuring the programs to de-emphasize climate action. However, should Congress push forward with a traditional devolution model, California leaders would still set the stage for eligibility criteria. Inflation Reduction Act (IRA): With Republicans controlling the House, the Senate, and the White House, CPPG will be closely following new developments related to the partial or full repeal of the IRA. Under a second Trump Administration, there is a possibility that climate-related programs would be significantly reduced or eliminated entirely. Trump has stated his desire to rescind unspent IRA funds, but most of the discretionary grant funding authorized under the IRA has already been obligated or is in the process of being obligated prior to the transfer of power. There is some growing support from Republicans in Congress for key provisions of the IRA. While not a single Republican voted in favor of enacting the law, a group of 18 Republican Congressmen—including representatives from Orange County and the Central Valley—signed onto a letter in August 2024 asking Speaker Mike Johnson to keep the IRA’s energy tax credits in place – arguing that these tax credit programs, a major component of the IRA, are beneficial for local economic development. Conversely, there is a group of Republicans who are adamantly demanding full repeal of the law. This could be a point of conflict within the caucus, with enough Republicans signaling partial support for some of the IRA’s provisions to block a budget deal that does not include them. More generally, it is expected that the Trump Administration will pursue budget cuts to existing formula grant programs, such as the Community Development Block Grant (CDBG) and the Surface Transportation Block Grant (STBG) programs. Project 2025 calls for revenue responsibility for these formula grant programs to shift to the states over a 10-year period, which would represent a massive cut to federal grant funding. CPPG also expects cuts to other discretionary programs if Republicans in Congress make good on their rhetoric about getting the budget deficit under control. Historically, this has not been the case – but there will be a push to curb “excessive” spending from fiscal hawks in Congress and in the administration. ———————————————— END OF REPORT Dec. 10, 2024 Item #2 Page 33 of 38 [i(CPPG CALIFORNIA PUBLIC POLICY GROUP 1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 1 Date: December 5, 2024 To: Jason Haber, Intergovernmental Affairs Director Cindie McMahon, City Attorney City of Carlsbad From: Sharon Gonsalves Managing Director California Public Policy Group Re: CPPG Summary of 2025-26 Organizational Session OVERVIEW On Monday, December 2, 2024 state lawmakers returned to the Capitol for Organizational Session, an annual gathering of the California State Legislature reserved for legislators to dispense with general housekeeping items, take their oaths of office, and open the desk for bill introductions. Approximately one-fourth of the Legislature is composed of new members as a result of new district boundaries and open seats. This presents an opportunity for CPPG to work closely with you to enhance your visibility in Sacramento and to educate new members on policy priorities of significance to your organization and to local government operations more generally. Many key committee assignments have vacancies that will be filled by new members, which will provide an opening for education of these new members and a chance to establish and solidify working relationships to set the stage for the years to come. Final results of the 2024 election have resulted in the Republicans gaining one seat in the Senate and two seats in the Assembly, with the Democratic majority now standing at 30-9 and 60-19, respectively. Assembly District 32, formerly represented by Vince Fong (R-Bakersfield), and Senate District 36, formerly represented by Janet Nguyen (R-Huntington Beach), are currently vacant. In the Assembly, Robert Rivas (D-Hollister) was reelected Speaker, Josh Lowenthal (D-Long Beach) is the new Speaker pro Tempore, and Cecilia Aguiar-Curry (D-Winters) will remain the Majority Leader. No changes were made in the Senate: Mike McGuire (D-North Coast) will remain as President pro Tempore, with Lena A. Gonzalez (D-Long Beach) as Majority Leader, and Angelique V. Ashby (D-Sacramento) and Aisha Wahab (D-Hayward) as Assistant Majority Leaders. Changes to committee chairs and membership are expected to be announced between now and early January. Of particular note this year is that the Legislature lowered the maximum number of bills that each legislator can introduce over the course of the two-year session, from 50 to 35 in the Assembly and from 40 to 35 in the Senate. These limits do not include constitutional amendments and resolutions. FIRST BILLS OF THE 2025-26 LEGISLATIVE SESSION INTRODUCED As a first order of business, each house officially opened the desk, which means that members are able to introduce bills. While there will be many, many more introduced prior to the February 21 bill introduction deadline, the bills that are the first out of the gate for lawmakers often provide a foreshadowing of legislative priorities for the year. Exhibit 3 Dec. 10, 2024 Item #2 Page 34 of 38 ~CPPG CALIFORNIA PUBLIC POLICY GROUP 1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 2 Governor Gavin Newsom called a special session in early November with the goals of “bolstering California legal resources to protect civil rights, reproductive freedom, climate action, and immigrant families” and of “shoring up California’s defenses against an incoming federal administration that has threatened the state on multiple fronts.” The three special session bills that have been introduced so far are budget trailer bills that will set aside funding proposed by the Governor for legal efforts and potential litigation related to the new federal administration. In the regular session, there have been 67 Assembly bills and 41 Senate bills introduced. Of the 108 bills introduced from December 2 to 4, roughly one-third are “spot bills”, meaning that they do not have substantive language and we do not yet know their full intent. The remainder of bills were mostly light on details. The desk is officially open for more bills to be introduced until December 20, when it will close again until the Legislature reconvenes on January 6. Overarching themes so far include a continued focus on housing elements and affordable housing, addressing the cost of living, healthcare, and climate resiliency. MEASURES OF INTEREST TO LOCAL GOVERNMENT Below is a list of bills, sorted by issue area, that have been introduced so far that may be of potential interest to your agency for impacts on local operations and/or authority. It should be noted that many of these measures are spot bills; substantive language will be added once the Legislature reconvenes in January. As always, if you or your team have any questions on any of the developments from this week or on the legislation below, please reach out: the CPPG team stands ready to assist. Emergency Preparedness AB 1 (Connolly) Residential property insurance: wildfire risk. Summary: Current law generally regulates classes of insurance, including property and fire insurance. Current law creates the Department of Insurance, headed by the Insurance Commissioner. Current department regulations prohibit an insurer from using a rating plan that does not take into account and reflect specified wildfire risk mitigation, including property-level building hardening measures. This bill would require the department, on or before January 1, 2030, and every 5 years thereafter, to consider whether or not to update its regulations to include additional building hardening measures for property-level mitigation efforts and communitywide wildfire mitigation programs. (Based on 12/02/2024 text) Homelessness SB 16 (Blakespear) Homelessness. Summary: Existing law establishes the Homeless Housing, Assistance, and Prevention program for the purpose of providing jurisdictions, as defined, with one-time grant funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges, as specified. This bill would declare the intent of the Legislature to enact legislation to address homelessness. (Based on 12/02/2024 text) Housing AB 6 (Ward) Residential developments: building standards: review. Dec. 10, 2024 Item #2 Page 35 of 38 ~CPPG CALIFORNIA PUBLIC POLICY GROUP 1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 3 Summary: The California Building Standards Law establishes the California Building Standards Commission within the Department of General Services and sets forth its powers and duties, including approval and adoption of building standards and codification of those standards into the California Building Standards Code. This bill would require the department to convene a working group no later than December 31, 2026, to research and consider identifying and recommending amendments to state building standards allowing residential developments to be built. The bill would require the department, no later than December 31, 2027, to provide a one-time report of its findings to the Legislature in the annual report described above. (Based on 12/02/2024 text) AB 11 (Lee) The Social Housing Act. Summary: Current law creates a housing authority in each county or city, which functions upon the adoption of a resolution by the governing body and authorizes these housing authorities, within their jurisdictions, to construct, reconstruct, improve, alter, or repair all or part of any housing project. This bill would enact the Social Housing Act and would create the California Housing Authority as an independent state body, the mission of which would be to ensure that social housing developments that are produced and acquired align with the goals of eliminating the gap between housing production and regional housing needs assessment targets and preserving affordable housing. (Based on 12/02/2024 text) AB 36 (Soria) Housing elements: prohousing designation. Summary: The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Current law requires HCD to designate jurisdictions as prohousing pursuant to emergency regulations adopted by HCD and that these emergency regulations will remain in effect until HCD promulgates permanent prohousing regulations. This bill would require HCD to designate jurisdictions as prohousing pursuant to permanent regulations adopted by HCD to implement these provisions. Beginning with the 7th housing element cycle, the bill would require HCD to use materials from a jurisdiction’s housing element submission when determining whether the jurisdiction qualifies as prohousing. (Based on 12/02/2024 text) Public Safety AB 18 (DeMaio) California Secure Borders Act of 2025. Summary: Current law generally prohibits law enforcement from providing information regarding the release date of an individual from custody or from transferring an individual to immigration authorities without a warrant or judicial probable cause determination. This bill, the California Secure Borders Act of 2025, would state the intent of the Legislature to combat illegal immigration and secure the border by repealing those provisions, prohibiting the use of state funds for various welfare, health, housing, and other services for undocumented immigrants, requiring public disclosure of information on the impact of illegal immigration on crime rates and state and local services, providing cross-deputization training for local law enforcement to support federal border security actions, and providing standards for deployment of the State Guard to the border. (Based on 12/02/2024 text) AB 38 (Lackey) Crimes: serious and violent felonies. Summary: Current law classifies certain criminal offenses as a “violent felony” for the purposes of various provisions of the Penal Code, including sentencing enhancements for prior convictions, as Dec. 10, 2024 Item #2 Page 36 of 38 ~CPPG CALIFORNIA PUBLIC POLICY GROUP 1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 4 well as numerous other provisions. Current law includes among the list of violent felonies rape accomplished against a person’s will by means of force, violence, duress, menace, or fear, or rape accomplished against the victim’s will by threat of violent retaliation, but does not include rape of a person unable to give consent due to disability, rape under false pretenses, or rape accomplished by threat of incarceration, arrest, or deportation. This bill would also include specified crimes involving the rape or sexual assault of a minor who has a developmental disability in the list of violent felonies. (Based on 12/02/2024 text) SB 6 (Ashby) Controlled substances: xylazine. Summary: The California Uniform Controlled Substances Act categorizes controlled substances into 5 schedules and places the greatest restrictions on those substances contained in Schedule I. This bill would add xylazine to the list of Schedule III substances. If an animal drug containing xylazine that has been approved under the federal Food, Drug and Cosmetic Act is not available for sale in California, the bill would create an exception for a substance that is intended to be used to compound an animal drug. The bill would exclude from the prohibitions on paraphernalia any testing equipment to analyze a substance for the presence of xylazine. (Based on 12/02/2024 text) Revenue and Taxation AB 21 (DeMaio) Taxpayer Protection Act of 2025. Summary: Would declare the intent of the Legislature to enact a constitutional amendment to limit the ability of state and local governments to raise taxes, restore a 2/3 vote requirement on local special tax increases, impose voter approval requirements on specific categories of new taxes, and regulate the titles on state and local ballot measures relating to tax increases. (Based on 12/02/2024 text) Transportation AB 33 (Aguiar-Curry) Autonomous vehicles. Summary: Current law authorizes the operation of an autonomous vehicle on public roads for testing purposes by a driver who possesses the proper class of license for the type of vehicle operated if specified requirements are satisfied. This bill would make technical, nonsubstantive changes to these provisions. (Based on 12/02/2024 text) Energy AB 39 (Zbur) General plans: Local Electrification Planning Act. Summary: The Planning and Zoning Law requires a city or county to adopt a comprehensive general plan for the city’s or county’s physical development that includes various elements, including a land use element that designates the proposed general distribution and general location and extent of the uses of the land in specified categories, and a circulation element that identifies the location and extent of existing and proposed major thoroughfares, transportation routes, terminals, any military airports and ports, and other local public utilities and facilities. This bill would require a city, county, or city and county, on or after January 1, 2027, but no later than January 1, 2030, to prepare and adopt a specified plan, or integrate a plan in the next adoption or revision of the general plan, that includes locally based goals, objectives, policies, and feasible implementation measures that include, among other things, the identification of opportunities to expand electric vehicle charging and Dec. 10, 2024 Item #2 Page 37 of 38 ~CPPG CALIFORNIA PUBLIC POLICY GROUP 1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 5 includes policies and implementation measures that address the needs of disadvantaged communities, low-income households, and small businesses for equitable and prioritized investments in zero-emission technologies that directly benefit these groups. For these purposes, the bill would authorize a city, county, or city and county to incorporate by reference into the general plan a previously adopted similar plan that meets the above-described requirements. By increasing the duties of local public officials, the bill would establish a state-mandated local program. (Based on 12/02/2024 text) Economic Development SB 5 (Cabaldon) Infrastructure financing districts: allocation of taxes: agricultural land exclusion. Summary: The California Land Conservation Act of 1965, otherwise known as the Williamson Act, authorizes a city or county to enter into contracts with owners of agricultural land to preserve the land for agricultural use, in return for reduced property tax assessments. The act also authorizes a landowner of specified agricultural land to petition the city or county to cancel the Williamson Act contract in order to designate the land as a farmland security zone, whereby the land is eligible for a specified property tax valuation and taxed at a reduced rate for specified special taxes. This bill would exclude the taxes levied upon a parcel of land enrolled in or subject to a Williamson Act contract or a farmland security zone contract from the above-described allocation to the district. (Based on 12/02/2024 text) SB 9 (Arreguín) Accessory Dwelling Units: owner-occupant requirements. Summary: The Planning and Zoning Law provides for the creation of an accessory dwelling unit by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval. The law prohibits a local agency from imposing an owner-occupant requirement or any additional standards, except when evaluating a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. This bill would additionally prohibit a local agency from imposing an owner-occupant requirement for a proposed or existing accessory dwelling unit whether or not the local agency has adopted a local ordinance pursuant to these provisions. (Based on 12/02/2024 text) ### Dec. 10, 2024 Item #2 Page 38 of 38 ~CPPG CALIFORNIA PUBLIC POLICY GROUP