HomeMy WebLinkAbout2020-10-01; State Legislative Update and Governor Signatures and Vetoes; Haber, JasonTo the members of the:
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Council Memorandum
October 1, 2020
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Honorable Mayor Ha
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Scott Chadwick, City an
State Legislative Update and Governor Signatures and Vetoes
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Carlsbad
Memo ID #2020209
This memorandum provid_es an update on high priority bills and other legislation that was
approved by the Legislature and sent to the Governor for signature.
Background
California's legislative session concluded on Monday, August 31, and the Governor's last day to
sign or veto bills was Wednesday, September 30.
Throughout the legislative session, city staff, the City Council Legislative Subcommittee and the
City Council received reports ·and worked with our lobbyists to influence decisions on bills that
would impact the city's fiscal, operational and environmental health, and the overall quality of
life in Carlsbad. City positions and advocacy efforts were determined in accordance with the
city's Legislative Platform, as agreed by the Legislative Subcommittee.
Discussion
On September 8 the Legislative Subcommittee received a legislative update and provided
feedback to staff regarding advocacy efforts on the bills discussed below:
AB 685 (Reyes) COVID-19: exposure: notification: serious violations.
Requires employers to provide notice within one business day to all qualified employees if they
or an exclusive employee representative is notified of an exposure to COVID-19.
City Position: Monitor
Bill Status: Approved by the Governor on September 17. Chaptered by Secretary of State -
Chapter 84, Statutes of 2020.
City Manager's Office
Intergovernmental Affairs
1200 Carlsbad Village ·or. I Carlsbad, CA 92008 I 760-434-2820 t
Council Memo -State Legislative Update
October 1, 2020 ·
Page 2
AB 725 (Wicks) General plans: housing element: moderate-income and above moderate-
income housing: suburban and metropolitan jurisdictions.
Would require certain local governments, through their housing element process, to ensure
that at least 25% of the jurisdiction's share of the regional housing need for moderate-and above
moderate-income housing is allocated to sites with zoning that allows at least four units of
housing, with moderate income sites being capped at a density of 100 units per acre.
City Position: Oppose -Requested Veto on September 14
Bill Status: Approved by the Governor on September 28. Chaptered by Secretary of State -
Chapter 193, Statutes of 2020.
AB 1196 (Gipson) Peace officer~: use of force.
This measure would prohibit law enforcement agencies in California from authorizing the use of
the carotid artery restraint or a chokehold.
City Position: Monitor
Bill Status: Approved by the Governor on September 30. Chaptered by Secretary of State -
Chapter 324, Statutes of 2020.
AB 1286 (Muratsuchi) Shared mobility devices: agreements.
This measure would require shared mobility device providers to obtain a permit or agreement
with the city or county it seeks to operate in and comply with all local operation, parking,
maintenance, and safety rules. Additionally, this measure would require shared mobility device
providers to maintain minimum commercial general liability insurance.
City Position: Support -Requested Signature on September 14
Bill Status: Approved by the Governor on September 18. Chaptered by Secretary of State -
Chapter 91, Statutes of 2020.
AB 1299 (Salas) Peace officers: employment.
This bill requires any agency that employs peace officers to notify POST when an officer
separates from employment, including detail of any termination or resignation in lieu of
termination. 'This bill requires the Commission on Peace Officer Standards and Training (POST) to
include this information in an officer's profile, and to make this information available to any law
enforcement agency conducting a pre-employment background check.
City Position: Monitor
Bill Status: Vetoed by the Governor or September 30. A veto message can be found here
(https://www.gov.ca.gov/wp-content/uploads/2020/09/AB-1299.pdf).
Council Memo -State Legislative Update
October 1, 2020
Page 3
AB 1506 (McCarty) Police use of force.
Provides that a state prosecutor shall conduct an investigation of any officer-
involved shooting that resulted in the death of an unarmed civilian, as specified. Directs the
Attorney General, beginning July 1, 2023, to operate a Police Practices Division within the
Department of Justice (DOJ), to, upon request of a local law enforcement agency, review the use
of deadly force policies of that law enforcement agency.
City Position: Support -Requested Signature on September 14
Bill Status: Approved by the Governor on September 30. Chaptered by Secretary of State -
Chapter 326, Statutes of 2020.
AB 1851 {Wicks) Religious institution affiliated housing development projects: parking
requirements.
Summary: Would allow a developer of a religious institution affiliated housing development
project to eliminate as part ofthat housing development project up to 50% ofthe number of
religious use parking spaces that are available at the time the request is made.
City Position: Monitor
Bill Status: Approved by the Governor on September 28. Chaptered by Secretary of State -
Chapter 196, Statutes of 2020.
AB 2345 {Gonzalez) Planning and zoning: density bonuses: annual report: affordable housing.
Revises Density Bonus Law to increase the maximum allowable density and the number of
concessions and incentives a developer can seek.
City Position: Oppose -Requested Veto on September 14
Bill Status: Approved by the Governor on September 28. Chaptered by Secretary of State -
Chapter 197, Statutes of 2020.
AB 2405 (Burke) Right to safe, decent, and affordable housing.
Would declare that it is the policy of the state that every individual has the right to safe,
decent, and affordable housing, and would require the policy to consider homelessness
prevention, emergency accommodations, and permanent housing, as specified.
City Position: Monitor
Bill Status: Vetoed by the Governor on September 28. A veto message can be found here
(https://www.gov,ca.gov/wp-content/uploads/2020/09/AB-2405.pdf).
AB 2617 {Gabriel) Firearms: gun violence restraining orders.
Would require a law enforcement officer who files a temporary emergency gun violence
restraining order (GVRO) to file a copy of the order with the court no later than three court days
after issuance and makes it a misdemeanor for any person to violate a valid order issued by an
out-of-state jurisdiction that is similar or equivalent to a GVRO.
City Position: Support -Requested Signature on September 14
Bill Status: Approved by the Governor on September 29. Chaptered by Secretary of State -
Chapter 286, Statutes of 2020.
Council Memo -State Legislative Update
October 1, 2020
Page 4
AB 3088 (Chiu) Tenancy: rental payment default: mortgage forbearance: state of emergency:
COVID-19.
Establishes a moratorium on evictions for non-payment of rent due to COVID-19 financial
hardship, subject to numerous conditions, until January 31, 2021.
City Position: Monitor
Bill Status: Approved by the Governor on August 31 with an urgency clause, effective
immediately. Chaptered by Secretary of State-Chapter 37, Statutes of 2020.
AB 3234 (Ting) Public Safety.
Creates a court-initiated misdemeanor diversion program and lowers the minimum age
limitation for the Elderly Parole Program to inmates who are 50 years of age and who have
served a minimum of 20 years.
City Position: Monitor
Bill Status: Approved by the Governor on September 30. Chaptered by Secretary of State -
Chapter 334, Statutes of 2020.
SB 793 (Hill) Flavored tobacco products.
The Stop Tobacco Access to Kids Enforcement (STAKE) Act prohibits a tobacco retailer, or any of
the retailer's agents or employees, from selling, offering for sale, or possessing with intent to sell
or offer for sale, a flavored tobacco product.
City Position: Support -Floor Alert submitted August 26
Bill Status: Approved by the Governor on August 28. Chaptered by Secretary of State-Chapter
34, Statutes of 2020.
SB 1159 (Hill) Workers' compensation: COVID-19: critical workers.
This bill creates a rebuttable presumption for public safety and healthcare workers who contract
COVID-19 and creates a cluster-based approach to outbreaks of COVID-19 for workers'
compensation purposes.
City Position: Oppose -Requested Veto on September 11
Bill Status: Approved by the Governor on September 17. Chaptered by Secretary of State -
Chapter 85, Statutes of 2020.
SB 1220 (Umberg) Peace and custodial officers.
Requires each prosecuting agency to maintain a Brady list and any law enforcement agency to,
annually and upon request, provide a prosecuting agency a list of names and badge numbers of
officers employed in the five years prior to providing the list that meet specified criteria,
including having a sustained finding for conduct of moral turpitude or group bias, and establishes
· a due process procedure for the officer to contest their inclusion on the list.
City Position: Monitor .
Bill Status: Vetoed by the Governor on September 30. A veto message can be found here
(https://www.gov.ca.gov/wp-content/uploads/2020/09/SB-1220.pdf).
Council Memo -State Legislative Update
October 1, 2020
Page 5
SB 1383 (Jackson) Unlawful employment practice: family leave.
For any employer with five or more employees, this bill would allow an employee to take up to
12 workweeks of unpaid protected leave during any 12-month period to bond with a new child of
the employee or to care for themselves or a child, parent, grandparent, grandchild, sibling,
spouse, or domestic partner, as specified.
City Position: Oppose -Requested Veto on September 14
Bill Status: Approved by the Governor on September 17. Chaptered by Secretary of State -
Chapter 86, Statutes of 2020.
SB 1386 (Moorlach) Local government: assessments, fees, and charges: water; hydrants.
Specifies that hydrants, as defined, are part of the system of public improvements included in the
definition of "water" for purposes of the Proposition 218 Omnibus Implementation Act.
City Position: Support -Requested Signature on September 14
Bill Status: Approved by the Governor on September 28. Chaptered by Secretary of State.
Chapter 240, Statutes of 2020.
In the days leading up to his September 30 sign/veto deadline, the Governor also signed the bills
listed below in subject matter groupings of interest to the city, as follows: ··
Behavioral Health & Homelessness
• AB 465 Assemblymember Susan Talamantes Eggman (D-Stockton) -Mental health
workers: supervision.
• AB 1544 by Assemblymember Mike Gipson (D-Carson)-Community Paramedicine or
Triage to Alternate Destination Act. A signing message can be found here
. (https://www.gov.ca.gov/wp-content/uploads/2020/09/AB-1544.pdf).
• AB 1766 by Assemblymember Richard Bloom (D-Santa Monica)-Licensed adult
residential facilities and residential care facilities for the elderly: data collection: residents
with a serious mental disorder.
• B 1976 by Assemblymember Susan Talamantes Eggman (D-Stockton) -Expanding county
use of court-ordered outpatient behavioral health treatment.
• AB 1979 by Assemblymember Laura Friedman (D-Glendale) -Foster youth: housing.
• AB 2112 by Assemblymember James C. Ramos (D-Highland) -Suicide prevention. A
signing message can be found here (https://www.gov.ca .gov/wp-
content/uploads/2020/09/AB-2112.pdf).
• AB 2174 by Assemblymember James Gallagher (R-Yuba City) -Homeless multidisciplinary
personnel teams.
• AB 2265 by Assemblymember Sharon Quirk-Silva (D-Fullerton) -Clarifies that specified
MHSA funds can be used for treatment of co-occurring mental health and substance use
disorders.
• AB 2275 by Assemblymember Adrin Nazarian (D-North Hollywood)-State armories:
homeless shelters: security.
• AB 2377 by Assemblymember David Chiu (D-San Francisco)-Residential facilities.
Council Memo -State Legislative Update
October 1, 2020
Page 6
• AB 2553 by Assemblymember Philip Ting (D-San Francisco) -Shelter crisis declarations.
• AB 2960 by Assemblymember Mike Gipson (D-Carson) -Shelter crises: fire and life safety
standards.
• AB 3242 by Assemblymember Jacqui Irwin (D-Thousand Oaks)-Mental health:
involuntary commitment.
• SB 803 by Senator Jim Beall (D-San Jose) -Statewide standards for behavioral health Peer
Support Specialists and adds these services as an option in Medi-Cal.
• SB 855 by Senator Scott Wiener (D-San Francisco) -Requires health plans and insurers to
cover medically necessary treatment for all mental health and substance use disorders
• SB 1065 by Senator Robert Hertzberg (D-Van Nuys) -CalWORKs: homeless assistance.
Criminal Justice, Juvenile Justice, Police,Reform
• AB 646 by Assemblymember Kevin McCarty (D-Sacramento)-Elections: voter eligibility.
• AB 732 by Assemblymember Rob Banta (D-Alameda) -County jails: prisons: incarcerated
pregnant persons.
• AB 846 by Assemblymember Autumn Burke (D-lnglewood) and Assemblymember Jacqui
Irwin (D-Thousand Oaks) -Public employment: public officers or employees declared by
law to be peace officers.
• AB 1304 by Assemblymember Marie Waldron (R-Escondido) -California MAT Re-Entry
Incentive Program. A signing message can be found here (https://www.gov.ca.gov/wp-
content/ u ploads/2020/09/ AB-1304. pdf).
• AB 1775 by Assemblymember Reginald Byron Jones-Sawyer, Sr. (D-Los Angeles)-False
reports and harassment.
• AB 2321 by Assemblymember Reginald Byron Jones-Sawyer, Sr. (D-Los Angeles) -Juvenile
court records: access.
• AB 2425 by Assemblymember Mark Stone (D-Scotts Valley) -Juvenile police records.
• AB 2512 by Assemblymember Mark Stone (D-Scotts Valley) -Death penalty: person with
an intellectual disability.
• AB 2606 by Assemblymember Sabrina Cervantes (D-Riverside) -Criminal justice:
supervised release file.
• AB 3043 by Assemblymember Reginald Byron Jones-Sawyer, Sr. (D-Los Angeles) -
Corrections: confidential calls.
• AB 3234 by Assemblymember Philip Ting (D-San Francisco) -Public Safety. A signing
message can be found here (https://www.gov.ca.gov/wp-content/uploads/2020/09/AB-
3234.pdf).
• SB 480 by Senator Bob Archuleta (D-Pico Rivera) -Law enforcement uniforms.
• SB 1126 by Senator Brian W. Jones (R-Santee) -Juvenile court records.
I • SB 1196 by Senator Thomas Um berg (D-Santa Ana) -Price gouging.
Council Memo -State Legislative Update
October 1, 2020
Page 7
Domestic Violence
• AB 1927 by Assemblymember Tasha Boerner Horvath (D-Encinitas) -Witness testimony
in sexual assault cases: inadmissability in a separate prosecution.
• AB 1929 by Assemblymember Blanca Rubio (D-Baldwin Park) -Child abuse and neglect
reporting.
• AB 1963 by Assemblymember Kansen Chu (D-San Jose) -Child abuse or neglect:
mandated reporters.
• AB 2014 by Assemblymember Brian Maienschein (D-San Diego)-Medical misconduct:
misuse of sperm, ova, or embryos: statute of limitations.
• AB 2517 by Assemblymember Todd Gloria (D-San Diego)-Domestic violence: personal
property and liens.
• AB 3092 by Assemblymember Buffy Wicks (D-Oakland) -Sexual assault and other sexual
misconduct: statutes of limitations on civil actions.
• SB 1123 by Senator Ling Ling Chang (R-Diamorid Bar)-Elder and dependent adult abuse.
• SB 1141 by Senator Susan Rubio (D-Baldwin Park) -Domestic violence: coercive control.
• SB 1276 by Senator Susan Rubio (D-Baldwin Park) -The Comprehensive Statewide
Domestic Violence Program.
Racial Justice & Bias in the Legal System
• AB 979 by Assemblymember Chris Holden (D-Pasadena) -Corporations: boards of
directors: underrepresented communities.
• AB 2542 by Assemblymember Ash Kalra (D-San Jose) -Criminal procedure:
discrimination.
• AB 3070 by Assemblymember Shirley Weber (D-San Diego)-Juries: peremptory
challenges.
• AB 3121 by Assemblymember Shirley Weber (D-San Diego) -Task Force to Study and
Develop Reparation Proposals for African Americans.
For full text of the bills, visit: http://leginfo.legislature .ca.gov.
cc: Geoff Patnoe, Assistant City Manager
Celia Brewer, City Attorney
Cindie McMahon, Assistant City Attorney