HomeMy WebLinkAbout2001-12-11; City Council; 16466; 2001 Legislative UpdateCITY OF CARLSBAD -AGENDA BILL (AEM /6,%+~:
2001 LEGISLATIVE UPDATE
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1 DEPT. CM I
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CITY A-TTY
CITYMGR 3
RECOMMENDED ACTION:
Receive and accept the 2001 Legislative update.
ITEM EXPLANATION:
Each year, staff provides the City Council with a recap of the significant legislative action that has
occurred at the State in the prior session.
This past year the legislature dealt with several substantial issues including but not limited to
energy, water supplies and growth, property tax on power plants, and rules for redevelopment
zones. Staff will provide the City Council with an overview of this legislation and will highlight some
issues that will be brought before the legislature next session.
FISCAL IMPACT:
None.
EXHIBITS:
1. League of California Cities Legislative Update, 2001 is on File with the City Clerk
LEAGUE OF CALIFORNIA CITIES
LEGISLATIVE REPORT 2001
November 2001
i :
League of California ‘Cities
LEGISLATIVE .REPORT
2001
INTRODUCTION
The 2001 session has come to a close and its time to assess the activities of the Legislature
and Governor in light of the city agenda for this passed year. . .
This was a particularly unusual legislative year. The energy crisis commandeered the attention
and the agenda of the Legislature and the Governor, which greatly changed the fiscal and
political landscape for the session. On top of the energy related problems, a slackening
economy drove the budget decisions and much of the legislative decisions, making this a less
prolific year in terms of number of bills enacted. The spending priorities of January 2001,
including $250 million. in discretionary relief for local governments fell off the table when the May
budget revise was released. Since the general conclusion was that the “cupboard was bare” or
soon to be, few spending highlights were included in this year fiscal picture for cities.
Cities did secure the passage of ACA 4, which will let the voters decide in March if they wish to dedicate the revenue from the sales tax on gasoline to transportation purposes, including a
specific earmark for city streets and roads. As of now, the March ballot will also contain a park
bond, which will give an unprecedented level of revenue to city parks if approved by the voters.
Legislation was enacted which will make the COPS program permanent, allowing cities to plan
expenditures into the future. Beyond the aforementioned, few highlights. were passed and
enacted.
No significant state and local fiscal reform took place this year, nor did any restoration of
municipal revenue taken in the early 90s. In addition, local government suffered some setbacks
this year as more mandates were enacted particularly in the employment arena.
Next Year?
The fiscal clouds of this last year will look like a gentle rain compared to the forecast for next
years budget. Rumors of an 18% state general fund shortfall permeate the beginnings of next
session. Cities are already bracing for a constricting economy and will have to be extra vigilant
to prevent the added insult of a state budget, again balanced on the backs of local budgets.
Next year is also an election year with a new twist. Most of the real decisions on legislative
races will be made in the March primary thanks to redistricting. This may produce a large crop
of lame ducks for the May to July budget season and the end of session in August. How these
“free agents” act could produce some unusual and unanticipated results. Meanwhile, the
League and others will be exploring a constitutional amendment to protect local revenues from future raids and completing the roll out of the Grass Roots network.
2002 is stacking up to be one of the most active years for cities on multiple fronts. Thanks for
all the hard work in 2001! Proactive efforts pay off. Next year will really put city officials and the
League to the test.
Table of Contents i
Legislative Re.port 2001
TABLE OF CONTENTS
Voting Records ... ............................................................................................................. III
Legislative Report Index ................ ..i ........................................................................ xvii
Legislative Report 2001 ............................................................................................... 1
I.
II.
Ill.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
XIII.
XIV.
xv.
XVI.
Political Reform Act, Brown Act, Public Records ............................................ 1
Elections .............................................................................................................. 2
Employee Benefits/Relations, Public Employees’ Retirement, Workers’
Compensation ..................................................................................................... 6
State Budget, Property Tax, Sales/Use Tax, Bonds/Debt/Investments,
Redevelopment, Miscellaneous Fiscal .......................................................... 18
Energy, Air Pollution, Water, Solid Waste/Recycling, Coastal, Hazardous
Materials, Miscellaneous Environmental ........................................................ 27
Housing Finance/Housing Programs, Code Enforcement, General Land
Use/Planning, LAFCOIIncorporation, Community and Economic
Development, Mobilehomes, Redevelopment, CEQA .................................. i0
Local Government Agencies, Miscellaneous Local Government
Land Use ...................................................................................................... 63
Liability and Legal Issues ................................................................................ 66
Child Care, Parks and Recreation, Miscellaneous Community Services. . ..6 7
Public Safety, Prisons, Controlled Substances, Crime, Firearms, Fire
Protection, Alcoholic Beverages, Gaming, Emergency Services ............... .69
Public Works, Public Contracts ....................................................................... 89
Transportation ................................................................................................... 95
Vehicles .................................................................................................... 108
Miscellaneous ................................................................................................. 114
League of California Cities Legislative Repotj November 2001
Table of Contents ii
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League of California Cities Legislative Report
November 2001
VOTING RECORDS
This voting record report is designed to give city officials a means of assessing where their legislator stands on issues of importance to cities in the 2001 session. There are a number of
explanations, suggestions, cautions and encouragements to consider before using the
information in this report.
Designated Vote. For each bill, a “designated recorded vote” is used to identify the Legislators
vote. This designated vote represents a point in time in the legislative process when this issue
was voted upon and the League was asking for a specific vote on the bill. The designated vote
is selected because we believe it provides the best opportunity to judge a legislator’s sensitivity
to city issues. All votes are from the respective floors. A legislator’s YES VOTE is designated
by a 7” and ‘N” denotes a NO VOTE. An asterisk (*) indicates the legislator was either absent
or not voting on the bill.
Every designated recorded vote included in the voting matrix in this report was preceded
by at least a written or oral communication expressing the League’s position.
“Not Voting”-What Does It Mean? Sometimes a legislator is unwilling to vote against a
colleague, but is willing to support the League’s opposition to a measure. In such cases, a
legislator may abstain from voting, which will hinder passage of a bill, just as a NO VOTE does.
For the purposes of this chart “Not voting” was tabulated as a no vote. Please take this into
consideration when reviewing the voting record of your legislator.
Not All Bills are Listed. A review of the 2000 voting matrix will indicate that a number of bills
important to the League and to cities may not be on the matrix. For these largely “uncontested
bills,” the League was successful in negotiating a compromise solution prior to the first committee hearing or in gathering near unanimous support for our position, thus-making the bills
“uncontested.”
Additional Voting Records-League Website. Through the League website, city officials
interested in developing a’ more comprehensive examination of their legislator’s voting record
can construct this history with ease. In evaluating a legislator’s sensitivity to the city agenda, &
is critical to remember that the legislator must be informed about your support or
opposition for a specific bill. If you are interested in pursuing a more comprehensive look at
your legislators voting record, the League staff is more than willing to assist.
But My Legislator is a Big Local Government Supporter! Many city officials perform the
“casual glance” at the voting records, followed by the comment that no further study is
necessary because “I know how my representative votes. He/She tells me that he/she is
always in support of the city.” Take a closer look. You may be surprised! We encourage you to
take the time to carefully review the report. If for no other reason than to confirm your own
assessment. If, however, you find a few discrepancies, you can then discuss them with your
legislator-a subtle way of reminding him or her that you do carefully follow their voting record.
Now What Do I Do? After you have read the voting record report, we suggest using the report in a number of ways. First, transmit copies to your council and key staff members. Discuss the
implications of the voting records and the impact on your city. If appropriate, mention the voting record at meetings or public forums-remember: do not intentionally burn bridges with the
League of California Cities Legislative Report
November 2001
iv Voting Records
report. Most importantly, discuss the analysis with your legislators. The goal should be to build
positive, on-going, working relationships with your legislators.
Conclusion. We hope you find the 2001 voting records for cities a useful tool in working with your legislators. If you have any questions on the attached voting record or if you would like to
examine the vote on your city’s priority bills, please call the League at (916)658-8245.
League of California Cities Legislative Report November 2001
Voting Records V
Legislation for Voting Records
AB 63 (Cedilla), Taxation: Disclosure:
League Position: Support
Upon written request by a city official, the Franchise Tax Board (HB) may release
certain tax information on businesses located within the city’s jurisdiction. This
information can then be used to veriQ compliance with local business license
requirements. Signed by the Governor.
AB 319 (Salinas). Mail Ballot Elections:
League Position: Support
This measure provides that any election in Monterey County may be conducted
wholly by mail, subject to specified conditions. Signed by the Governor.
AB 863 (Thomson). Sales Tax Increase, Citv of West Sacramento:
League Position: Support
Permits the City of West Sacramento, with a 2/3rds vote of the electorate, to levy an
additional transaction and use tax at a rate of 0.25% or 0.50 to be expended as
determined by the ordinance.
ACA 4 (Dutra). Transportation fundina: sales and use tax revenues.
League Position: Support
ACA 4 will place before the voters in March of 2002 a constitutional dedication of the
sales tax revenues on gasoline to permanently dedicate the monies to transportation
beginning in 2003-04.
SB 71 (Burton) Workers’ Compensation:
League Position: Oppose
This legislation contains workers’ compensation benefits increases by $3.6 billion,
which would increase cities’ workers’ compensation costs by nearly 25%. The
League was not opposed to a modest benefits increase as long as certain reform
issues were addressed in the legislation. Those issues were not included in SB 71.
The League asked for a “NO” vote.
SB 497 (Sher). Subdivision Map Act: Lot Line Adjustments.
League Position: Support
This measure enhances local land use authority by closing several loopholes in
provisions of the Subdivision Map Act concerning lot line adjustments and
certificates of compliance.
SB 910 (Dunn) Housino Elements: Fines, Penalties and Litigation.
League Position: Oppose
In brief, this measure would have established a legal rebuttable presumption of
nonvalidity for a housing element if it failed to meet the requirements of a state plan
reviewer at the Department of Housing and Community Development (HCD). It
League of California Cities Legislative Report .
November 2001 *
would have required a court to levy a penalty up to $1.5 million per city or county, in
addition to authorising attorney’s fees and costs, and requires the Controtter to seize
up to 60 percent of local gas tax funds.
SB 974 (Torlakson). Public Contracts. Charter Cities.
League Position: Oppose
SB 974 will affect 105 charter cities. SB 974 requires charter cities to “opt out” of the
Public Contract Code, which is an unwarranted attempt to undermine the “home
rule” doctrine.
SB 975 (Alarcon). Prevailing Wage Expansion.
League Position: Oppose
Public Works, Housing and Economic Development Projects. Every privately
ftnanced, privately paid for nonresidential construction contract between a developer
and a contractor would become a “public work” and be subject to the prevailing
wage requirement when a local public agency: a) pays for or waives certain city
fees.
League of California Cities Legislative Report November 2001
Ranking the Governor on Key City Issues in the 2001 Session
The role of the Governor cannot be overlooked or ignored in the legislative process. With
the enactment of term limits, the Governor may hold the most critical role in the
legislative process. It is not uncommon to have unanimous or near unanimous legislative
support for a proposal only to see the bill vetoed by the Governor.
The following chart lists a number of key city issues sent to the Governor during the 2001
legislative session. The League specifically communicated with the Governor’s office
and asked for a SIGNATURE or VETO on each measure.
This chart of legislation is not exactly the same as the chart used to evaluate Legislators.
The League’s position and the Governor’s action are recorded below. Included also is a
“score card” for the Governor on city issues.
Governor’s League’s Action Position .- .- .^ .-^ . ^_._ AB ,63 _: ;,,sz”%-$&..--. ‘y;$;*’ -.‘-.-;...-- ” .._. “-es, ~---~-.I-~.” .--“.xI~.” “..^_ AB 369 Signed Veto ~A-B 745’“. _ ::~~ ‘.. ,. ,s~~~- ^._.. ..--. ---_. - -_,_-. __.^ ^ ..-. L ,._., _... AB 1015 Signed Veto u i36, ” ‘:, .-‘s;&-..ti ,_._ -.a...... i._..“_^_.__ -._ _, - .I.. sides A .I”._-i._ -.-.. _- SB 71 Vetoed Veto SB 211 ,,sign~ ---. -.I.-. “, _.I. sip ,. “-_ -_,-__. ...l%;_. .-. _^ ,... _--L_” SB 424 Signed Veto -sB -..~p7. - ..,- .“. ..-. ..-- .-..(-.&& ~.‘signature_
‘” SB 974 Signed Veto SB 975 -----A.... -- .Si$xtd Veto -.. ._.^ SB 1098 -yTg~“J-‘ --.. veto
League of California Cities Legislative Report November 2001
. . . Vlll Voting Records
This page intentiordly lefi blank
.
Voting Records
2001 Senate Vote Record
ix
* denotes Absent, Abstaining, or Not Voting
League Position Y Y Y N Y N N N
Member
Ackerman, D.
Alarcon, R.
Alpert, D.
Battin, J.
Bowen, D.
Brulte, J.
Burton, J:
Chesbro, W.
Costa, J.
Figueroa, L. Haynes, R.
Johannessen, K.
Johnson, R.
Kamette, B.
Knight, w.
held, S.
Machado, M.
Margett, B.
McClintock, T.
McPherson, B.
Monteith, D.
Morrow, B. Murray, K.
O’Connell, J.
Oller, R.
Ortiz, D.
Peace, S.
Perata. D.
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League of California Cities Legislative Report
November 2001
X
2001 Senate Vote Record, continued
Voting Records
League Position
Member
Polanco, R.
Poochigian, C.
Romero, G.
Scott, J.
Sher, B.
Soto, N. .
Speier, J.
Torlakson, T.
Vasconcellos, J.
Vincent, E.
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League of California Cities Legislative Report I
November 2001
2OOi Assembly Vote Record
* denotes Absent, Abstaining, or Not Voting *
League Position
Member
Aanestad, S
Alquist, E.
Aroner, D.
Ashbum, R.
Bates, P.
Bogh, R.
Briggs, M.
Calderon, T. Campbell, B .
Campbell, J.
Canciamilla, J.
Cardenas, T.
Cardoza, D.
Cedillo, G.
Chan, W.
Chavez, E.
Chu, J.
Cogdill, D.
Cohn, R.
Corbett, E.
Correa, L.
Cox, D.
Daucher, L.
Diaz, M.
Dickerson, R.
Dutra, J.
Firebaugh, M.
Florez, D.
Frommer, D.
Goldberg, J.
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League of California Cities Legislative Report
November 2001
xii VotingRecords
2001 Assembly Vote Record, continued
League Position Y Y Y Y N Y N N
Member
Haman, T.
Havice, Sally
Hertzberg, R.
Hollingsworth, D.
Horton, J.
Jackson, H.
Keeley, F.
Kehoe, C.
Kelley, D.
Koretz, P. 4
La Suer, J.
Leach, L.
Leonard, B.
Leslie, T.
Liu, C.
Longville, J.
Lowenthal, A.
Maddox, K.
Maldonado, A.
Matthews, B.
McLeod, G. N
Migden, C.
Mountjoy, D.
Nakano, G.
Nation, J.
Oropeza, J.
Pacheco, Robert
Pacheco, Rod
Papan, L.
Pavely, F.
Pescetti,A.
Reyes, S.
Richman, K. Runner, G.
Salinas, S.
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League of California Cities Legislative Report
November 2001
Voting Records . . . XIII
2001 Assembly Vote Record, continued
League Position
Member
Shelley, K.
Simitian, J.
Steinberg, D.
Strickland, T.
Strom-Martin, V.
Thomson, H.
Vargas, J.
Washington, C.
Wayne, H.
Wesson. H.
Wiggins, P.
Wright, R. -
Wyland, M.
wymarl p. Zettel, C.
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League of California Cities Legislative Report
November 2001
xiv kotingRecords
This page intentionally left blank
League of California Cities Legislative Report
November 2001
Voting Records
Ranking of Legislator Votes on City Issues
xv
Legislators are listed in descending order according to how often they voted in
accord with League’s position on eight measures in 2001. Total votes may not
match the vote record because the tally for absent/not voting is not included in
this listing.
Cardenas, T. ’ 4
Senate Assembly
McPherson, B. 6
Peace, S. 6
Sher, B. 6
Speier, J. 6
Chesbro, W.
Kamette, B.
Perata, D. Polanco, R.
Scott, J. Soto, N. Torlakson, T.
5
5
5
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5
5
5
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
Corbett, E. 6
Harman, T. 6 Liu, C. 6
Pavely, F. 6
Simitian, J. 6
Alquist, E. 5
Briggs, M. 5 Canciamilla, J. 5
Cedillo, G. 5 Cox, D. 5
Daucher, L. 5 Diq M. 5
Dutra, J. 5 Hertzberg, R. 5
Jackson, H. 5
Keeley, F. 5
Kehoe, C. 5 Kelley, D. 5
Koretz, P. 5 Longville, J. 5
Lowenthal, A. 5
Maldonado, A. 5
McLeod, G. N 5
Oropeza, J. 5
Richman, K. 5
Runner, G. 5
Salinas, S. 5
Shelley, K. 5
Steinberg, D. 5
Strom-Martin, V. 5
Thomson, H. 5 Vargas, J. 5
Wesson, H. 5
Wiggins, P. 5
Wright, R. 5 Wyland, M. 5
Ackerman, D. Alarcon, R.
Alpert, D.
Battin, J.
Brulte, J.
Burton, J.
Figueroa, L.
Johannessen, K.
Johnson, R.
Knight, W.
Kuehl, S.
Morrow, B.
Murray, K.
O’Connell, J.
Oller, R.
Or@ D.
Poochigian, C.
Romero, G.
Vasconcellos, J.
Vincent, E.
Bowen, D.
Escutia, M. Haynes, R
Machado, M. Margett, B.
McClintock, T. Monteith, D.
Dunn, J.
Costa, J. 1
Aroner, D. 4 Ashbum, R. 4 Bates, P. 4
Bogh, R. 4
Campbeh, B. 4
Campbell, J. 4
Cardoza, D. 4
Chart, W. 4
Chavez, E. 4
Chu, J. 4
Cogdill, D. 4
Cohn, R 4
Conea, L. 4
Dickerson, R. 4
Goldberg, J. 4 Hollingsworth, D.4 Horton, J. 4
Leach, L. 4
Leonard, B. 4
Matthews, B. 4
Migden, C. 4
Nakano, G. 4
Nation, J. 4
Pacheco, Robert 4
Pacheco, Rod
Pescetti,A.
Reyes, S.
Strickland, T.
Washington, C.
Wayne, H.
Wyman, P.
Zettel, C.
Aanestad, S
Calderon, T.
Firebaugh, M. Florez, D.
Frommer, D. La Suer, J.
Leslie, T. Mountjoy, D.
Papan, L.
Havice, S.
Maddox, K.
4
4
4
4
4
4
4
4
3
3
3
3
3
3
3
3
3
2
2
League of California Cities Legislative Report
November 2001
xvi Voting Records
This page intentionally le_F blank
AB4
AB6
AB8
AB 25
AB 29
AB 31
AB 35
AB 38
AB 46
AB54
AB 56
AB 62
AB 63
AB 66
AB 67
AB 69
AB 70
AB 77
AB 79
AB84
AB 92
AB 93
AB 132
AB 133
AB 136
AB 145
AB 147
AB 169
AB 173
AB 180
AB 184
AB 185
AB 188
AB 196
AB 197
AB 202
AB 205
AB 210
AB 212
AB 215
AB 220
AB 229
AB 237
AB 242
AB254 ,
(75)
(67)
(40)
(6)
(39)
(58)
(83)
WI
(2558)
(86)
(2)
(39)
(25)
036)
(108)
(31)
(85)
(75)
(69)
(69)
w
(53)
(7)
(95)
(19)
(2569)
(69)
(20)
(35)
(22)
(2025)
(58)
(115)
(7)
(7)
(26)
(26)
(60)
(62)
(12)
(108)
(3)
WI
(39)
(37)
LEGISLATIVE REPORT 2001
* INDEX
[page numbers in parentheses)
AB 262
AB 263
AB 268
AB 276
AB 277
AB 280
AB 284
AB 285
AB 297
AB 302
AB 309
AB 314
AB 319
AB 326
AB 331
AB 334
AB 343
AB 349
AB 351
AB 360
AB 369
AB 378
AB 391
AB 398
AB 405
AB 409
AB 414
AB 426
AB 430
AB 431
AB 436
AB 437
AB 438
AB 440
AB 443
AB 452
AB 457
AB 464
AB 469
AB 472
AB 477
AB 489
AB 491
AB 509
AB 510
(16) (92)
(66)
(8)
(66)
(3)
W,43)
(32)
(67)
(4)
(22)
(65)
(4)
w
(35)
(68)
(36)
(75)
(8)
(80)
(47)
(33)
(95)
(95)
(96)
(80)
(37)
(22)
(88)
(81)
(63)
(l&96)
(l&96)
(19970)
(19,70)
(44
(23)
(8)
(81)
(43)
(81)
(43)
(108) (109)
(13)
AB 527
A6 530
AB 549
AB 559
AB 560
AB 563
AB 589
AB 594
AB 599
AB 608
AB 609
AB 616
AB 621
AB 624
AB 635
AB 637
AB 639
AB 645
AB 646
AB 661
AB 663
AB 696
AB 701
AB 706
AB 711
AB 715
AB 719
AB 720
AB 723
AB 731
AB 733
AB 783
AB 793
AB 800
AB 807
AB 815
AB 821
AB 837
AB 863
AB 901
AB 910
AB 942
AB 946
AB 948
AB 952
W9)
(761
(2844
(88)
(33)
(109)
(20)
(20)
(33)
(96)
(23)
(13)
(28)
(85)
(97)
(60)
(36)
(20)
(22)
(61)
(17)
(4)
(81)
(5)
(38)
(36)
(5)
(55)
(109)
(76)
(5)
(70)
(92)
(9)
(42)
(38)
(82)
(24)
(22.26)
(34,481
(39)
(97)
(34
(56)
(27)
League of California Cities Legislative Report
November 2001
AB 965
AB 967 AB 970
AB 972
AB 978
AB 1003
AB 1004
AB 1011
AB 1012
AB 1014
AB 1015
AB 1017
AB 1021
AB 1023
AB 1029
AB 1044
.AB 1066
AB 1069
AB 1070
AB 1078
AB 1084
AB 1112
AB 1118
AB 1152
AB 1160
AB 1171
AB 1177
AB 1179
AB 1184
AB 1201
AB 1202
SB9
SB 10
SB 14
SB 22
SB 28
SB 32
SB 40
SB 42
SB 45
SB 46
SB 52
SB 53
SB 62
SB 66
SB 72
SB 73
(97)
(451
WI
(37,661
(68)
(76)
(76)
(53)
(77)
(2) (9)
(77)
(24)
(70)
(10)
(40)
(97)
(10)
(98)
(77)
(93)
(45)
(41)
(10)
(42)
(98)
(17)
(17)
(14)
(33)
(59)
(83)
WV
(19)
(26)
(24)
(36)
(11)
(111)
(43)
(111)
(83)
(24)
(102)
(78)
(33)
(40)
AB 1207
AB 2217
A6 1220
AB 1262
AB 1280
AB 1281
AB 1298
AB 1318
AB 1324
AB 1325
AB 1329
AB 1335
AB 1359
AB 1367
AB 1374
AB 1376
AB 1382
AB 1390
AB 1402
AB 1432
AB 1442
AB 1457
AB 1465
AB 1467
AB 1471
AB 1472
AB 1481
AB 1495
AB 1520
AB 1532
AB 1534
SB 81
SB 88
SB 90
SB 99
SB 106
SB 124
SB 135
SB 136
SB 153
SB 161
SB 162
SB 163
SB 189
SB 190
SB 197
SB 198
(50)
(87)
(99)
(109)
(109)
(14)
(86)
(45)
(68)
(1)
(38)
(99)
(40)
(46)
(14)
(87)
(59)
(32)
(93)
(87)
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(21)
(38)
(43)
(56)
(110)
(68)
(57)
(5)
(62)
(89)
(113)
(32)
(16)
(66)
(113)
(102)
(89)
(89)
(65)
(65)
(65)
035)
(39774) (53,102)
Pww
(21)
AB 1541
AB 15%
AB 1553
AB 1567
AB.1574
AB 1603
AB 1611
AB 1621
AB 1664
AB 1683
AB 1700
AB 1705
AB 1706
AB 1707
AB 1709
AB 1712
AB 1724
AB 1737
AB 2898
AB 1X
AB 29X
AB 4XX
AB 21XX
AB 26XX
AB 48XX
AB 57XX
ACA 4
ACR 7
ACR 13
SB 202
SB 210
SB 211
SB 215
SB 221
SB 223
SB 237
SB 244
SB 255
SB 271
SB 274
SB 281
SB 290
SB 294
SB 297
SB 313
(59) t42)
(52)
(62)
(28)
(68)
(41)
(111)
(33)
(14)
w
(99)
(100)
(W
(114)
(6)
(28) (19)
(23)
(28) (29)
(30)
(30
(30)
(32)
(31)
(100)
(72)
(73)
(16)
(53)
(2560)
(71)
(48)
(74)
(103) (63,103)
(78)
(38)
(78)
(113)
(103)
w
(79)
(105)
League of California Cities Legislative Report -
November 2000
SB 322
SB 325
SB 346
SB 348
SB 351
SB 359
SB 373
SB 379
SB 394
SB 412
SB 424
SB 429
SB 442
SB 445
SB 448
SB 459
SB 463
SB 465
SB 468
SB 470
SB 471
SB 485
SB 486
SB 497
SB 516
SB 520
SB 521
SB 527
SB 528
SB 539
SB 551
SB 562
SB 563
SB 588
SB 609
SB 610
SB 624
SB 626
SB 633
SB 637
SB 647
SB 655
SB 667
SB 671
SB 672
SB 685
SB 707
SB 722
88 730
(115)
(60)
(-=I
(26)
(35)
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(26)
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(63)
(26)
(66)
(61)
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(105)
(37)
(37) (37) . .
(71)
(71)
(45)
(57)
(51)
(106)
(32)
(35)
(24)
(79)
(66)
(73)
w
cw
(47)
(113)
w
(38)
(107)
(86)
(107)
(82)
(2)
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(107)
(57,671
(72)
(18)
SB 732
SB 734
SB 736
SB 739
SB 742
SB 757
SB 759
SB 768
SB 769
SB 779
SB 780
SB 784
SB 809
SB 819
SB 824
SB 828
SB 871
SB 883
SB 891
SB 903
SB 908
SB 919
SB 920
SB 923
SB 932
SB 940
SB 950
SB 951
SB 964
SB 974
SB 975
SB 985
SB 989
SB 1055
SB 1065
SB 1098
SB 1122
SB 1127
SB 1158
SB 1170
SB 1177
SB 1181
SB 1183
SB 1184
SB 1185
SB 1187
SB 1207
SB 1224
SB 5X
League of California Cities
(WW (27,113)
W)
WV
w
(115)
(W (73).,
(72,115)
(114)
(7%
(40)
(90)
(67)
(13)
(39)
(74)
WI
(41)
(6)
(36) (53,107)
(59)
(82)
(52)
(80)
WI
(65)
(114)
WI
(90)
w
(82)
(28)
(108)
(46)
(2463)
(35)
(38)
(114)
(59)
(21)
(21)
(21)
(23)
(2327)
(12)
(65)
(29)
SB 6X
SB 28X
sB2xx
SB 17XX
SB 68XX
SB 75XX
SB 82XX
SB 84XX
(29) (29)
(30)
(31)
(31)
(31)
(30)
(31)
Legislative Report
November 2001
This page intentionally left blank
League of California Cities Legislative Rep@
November 2000
I. POLITICAL REFORM ACT, BROWN ACT, PUBLIC RECORDS
PULfl-ICAL Rf!FOl?llil ACT
1. Political Reform Act of 1974. Lobbyists. Public Utilities Commission. AB 1325
/Necrete-McLeod), Chapter 921, Statutes of 2001. Existing provisions of the Political
Reform Act of 1974 generally defines “administrative action,” to mean, among other
things, the proposal, enactment, or defeat of a state agency regulation in any
ratemaking proceeding or any quasi-legislative proceeding. This legislation defines
“ratemaking” and “quasi-legislative proceeding,” as specified, for purposes of
proceedings before the Public Utilities Commission.
Existing provisions of the act generally define a “lobbyist” as an individual who receives
$2,000 or more in a calendar month or whose principal duties are to communicate
directly or though agents with an elective state official, agency official, or legislative
official for the purpose of influencing legislative or administrative action. This measure
provides that a proceeding before the PUC constitutes “administrative action” for
purposes of this provision if the proceeding is a ‘ratemaking proceeding” or a “quasi-
legislative proceeding” as defined by this measure.
Existing provisions of the act define a “payment to influence legislative or administrative
action” as including specified types of payment. Existing law requires a lobbyist
employer and any person who makes payments to influence legislative or administrative
action of $5,000 or more in a calendar quarter to file periodic lobbying reports disclosing
specified items of information including overhead expenses and payments to employees
who spend 10 percent or more of their compensated time in lobbying activities in any
one month. This legislation provides that, in lieu of reporting those payments, a filer that
makes payments to influence a ratemaking or quasi-legislative proceeding before the
PUC may report only the portion of payments that are made to or for time spent by the
filer’s attorneys or witnesses in appearing, testifying, or preparing to appear or testify in
that type of proceeding before the commission.
Existing law makes a violation of the act subject to administrative, civil, and criminal
penalties. This legislation imposes a state-mandated local program by imposing these
penalties on person who violate the provisions of this bill.
2. Campaign Practices. Political Cyberfraud. SB 412 (Vasconcellos), Chapter 927,
Statutes of 2001. Existing law makes it unlawful for a person, with bad faith intent, to
register, traffic in, or use an Internet domain name, as defined, that is identical or
confusingly similar to the personal name of another living person or deceased
personality, without regard to any goods or services offered.
This legislation makes it unlawful for a person, with intent to mislead, deceive, or
defraud, to commit an act of political cyberfraud. This legislation defines “political
cyberfraud” as an act concerning a political Web site, as defined, that is committed with
intent to deny a person access to a political Web site, deny a person the opportunity to
register a domain name for a political Web site, or cause a person reasonably to believe
that a political Web site has been posted by a person other than the person who posted
the Web site. It provides that political cyberfraud includes, but is not limited to, specified
LCC Legislative Report - 1 l/01 1 Statutes of 2001 .
acts. This measure does not apply to a domain name registrar, registry, or registration
authority. It makes a violation of its provisions punishable hy a fine not to exceed
$7,UUU for each day the violation occurs and authorizes a court to order the transfer of a
domain name as part of the relief awarded. This law will remain in effect only until
January 1,2003.
BROWN ACT
3. Local Agency Meetings. Closed Sessions. SB 671 (Poochinian), Chapter 45, Statutes of 2001. The Ralph M. Brown Act requires that the meetings of the legislative
body of a local agency be conducted openly and publicly, with specified exceptions.
The act also provides that the legislative body of a local agency may hold closed
sessions for specified purposes. This legislation authorizes the legislative body of a
local agency to hold closed sessions to discuss a local agency employee’s application
for withdrawal of funds in a deferred compensation plan when the application is based
on financial hardship arising from an unforeseeable emergency due to illness, accident,
casualty, or other extraordinary event.
PUBLIC RECORDS
Q 4. Public Records Act. Disclosure Procedures. AB 1014 (Papan), Chapter 355,
Statutes of 2001. This legislation requires, when a member of the public requests to
inspect or to obtain a copy of a public record, that, in order to assist the individual to
make a focused and effective request that reasonably describes an identifiable record,
the agency will assist the member of the public to identify records and information that
may be responsive to a request, describe the information technology and physical
location in which the records exist, and provide suggestions for overcoming any practical
basis for denying access to the records or information sought. The legislation specifies
that these requirements to assist a member of the public do not apply if the agency
makes available the requested records, determines that the request should be denied
based solely on an express exemption listed in the act, or makes available an index of
its records.
The act provides that, upon a request for a copy of records, an agency has 10 days to’
determine whether the request seeks disclosable public records and to notify the
requester of this determination and the reasons why. The act further provides that, in
unusual circumstances, as defined, the agency may extend this time limit by written
notice, which will specify the reasons for the extension and the date on which a
determination is expected to be dispatched.
II. ELECTIONS
5. Voting Modemization Bond Act of 2002. AB 56 (Shellev), Chapter 902, Statutes of
2001. This legislation enacts the Voting Modemization Bond Act of 2002 by placing a
bond act on the March primary ballot and authorizes counties to use bond funds for the
purchase of updated voting systems in the amount of $200 million. The measure
LCC Legislative Report - 1 l/01 2 Statutes of 2001
requires the bonds issued under this Act be repaid within 10 years, and creates the
Voter Modemization Finance Committee, consisting of the State Controller, the Director
of the State Department of Fii and the State Treasurer, or their designated
representatives. The measure also limits eligibility for funding from the bonds to local
agencies that meet or adhere to the following requirements:
* The local agency has purchased a new voting system after January I, 1999, and
is continuing to make payments on that system on the date that this law
becomes effective.
* The local agency provides matching funds to purchase the updated voting
system at a ratio of $1 of county funds for every $3 of bond funds.
* The funds will not be used to purchase a voting system utilizing pm-scored
punch card ballots.
* \The county has not previously requested fund money for the purchase of a new
voting system. Applications for expansion of an existing system or components
related to a previously approved application shall be accepted.
6. Local Initiative ,Petitions. Signature. AB 229 (VVesson). Chapter 70. Statutes of
Existing law prescribes the procedure for determining the total number of valid 2001.
signatures affixed to a county initiative petition and to a municipal initiative petition, and
requires the county elections official, if the initiative petition contains more than 500
signatures, to verify signatures using a random sampling method. If the sampling shows
the petition contains 95 to 110 percent of the number of valid signatures to qualify the
petition, the county elections official must verify each signature filed. Existing law
provides a parallel procedure applicable to the verification of signatures on district
initiative petitions.
This legislation specifies that the signatures must be verified within 60 days, from the
date of the filing of a county initiative petition and a municipal initiative petition. This
measure makes a similar change in the procedure for verification of signatures affixed to
a district initiative petition.
7. Precinct Formation. Voters. AB 280 (Robert Pacheco), Chapter 904. Statutes of
Existing law prescribes the duties of county elections officials in connection with 2001.
the formation of election precincts or the change of precinct boundaries, among other
things, and provides that the number of voters may not exceed 1,000 in any new or
changed voting precinct. Existing law also requires the precinct boundaries for a
general election to be the same as the precinct boundaries for a primary election, except
as specified. This measure increases to 1,250 in counties with a population of
l,OOO,OOO or more, the maximum number of voters allowable in a voting precinct. The
measure requires an elections official to provide the Secretary of State and to the public
written information that addresses specified factors before establishing a precinct in
which the number of voters exceeds 1,000. It requires a county that increases an
election precinct to more than 1,000 voters to report that action to the Secretary of State
and requires the Secretary of State to report to the Legislature by January I, 2004.
LCC Legislative Report - 1 l/01 3 Statutes of 2001
ixisting law permits the consolidation of election precincts for a local, special, or
consolidated election, and certain statewide elections, so that not more than six existing
precincts may be consotiiated intu one election precinct, with the polling place focated
within the boundaries of the consolidated precinct. This measure deletes the
authorization to consolidate precincts for a special election.
Existing law requires that the precinct board consist of a minimum of one inspector and
two clerks. This law requires that the precinct board consist of a minimum of one
inspector and three clerks if the elections official opts to increase precinct size pursuant
to a specified provision of this law. The provisions of this law remain in effect only until
January 1,2005.
8. Election Ei)allots and Voter Pamphlets. AB 302 (Minden). Chapter 916, Statutes of
Existing law requires an absent voter, after marking the absentee ballot, to return. 2001.
the ballot either by mail or in person to the official from whom it came or in person to any
member of a precinct board at any polling place within the jurisdiction, except that an
absent voter who, because of illness or other physical disability, is unable to return the
ballot, may designate a family member to return the absentee ballot.
This law authorizes the absent and disabled voter to designate any person residing in
the voter’s household to return the ballot. The legislation provides that, notwithstanding
this provision, .no absent voter’s ballot shall be returned by a paid of volunteer worker of
a campaign or controlled committee. The law also requires the absentee ballot
identification envelope to include the name of the person authorized to return it.
9. Mail Ballot Elections. AB 319 (Salinas). Chapter 385, Statutes of 2001. Under
existing law, any local, special, or consolidated election may be conducted wholly by
mail under specified circumstances. The legislation provides that any election in
Monterey County may be conducted wholly by mail.
10. Online Campaign Disclosure. AB 696 (Lonnville), Chapter 917, Statutes of 2001.
Under existing law, the Secretary of State, in consultation with the Fair Political
Practices Commission, is required to develop online and electronic filing processes for
use by persons and specified entities required to file statements and reports with the
Secretary of State’s office, and to make two reports to the Legislature.
This law requires those processes to enable a user to comply with all of the disclosure
requirements of the Political Reform Act of 1974, including a means or method whereby
filers subject to online and electronic filing disclosure requirements may submit required
filings free of charge, and that does not provide any additional or enhanced functions or
services that exceed the minimum requirements necessary to fulfil1 the disclosure
provisions of the act. It requires at least one means or method to be made available no
later than December 31, 2002.
This legislation also changes the date by which one of the above-described reports is
due, and requires a third report to the Legislature, due no later than January 31, 2003.
The legislation declares that these changes are declaratory of existing law. The Political
Reform Act of 1974, an initiative measure, provides that the Legislature may amend the
act to further the act’s purposes with a two/thirds vote of each house and compliance
LCC Legislative Report - 1 l/O1 4 Statutes of 2001
with specified procedural requirements. This measure, which declares that it furthers
the purposes of the act, therefore requires a two/thirds vote. It appropriates $600,000
from the General Fund to the Secretary of State to defray the costs of devetoping
software as required by this act.
11. Campaign Literature. Use of Offkial Seals. AB 706 (Firebaunh), Chapter 387,
Statutes of 2001. Existing law provides that every person who maliciously or for
commercial purposes uses or allows to be used any reproduction of facsimile of the
Great Seal of the State in any manner whatsoever is guilty of a misdemeanor.
This legislation, in addition, provides that a person who uses or allows to be used any
reproduction or facsimile of the Great Seal of the State in any campaign literature or
mass mailing with the intent to deceive the voters, is guilty of a misdemeanor.
Existing law requires that each court in this state have an official seal and that the clerk
of the court keep the official seal of the court. This legislation provides that a person
who uses or allows to be used any reproduction or facsimile of the seal of the California
Supreme court, an appellate court, or the seal of any superior court in any campaign
literature or mass mailing, with intent to deceive the voters, is guilty of a misdemeanor.
This law provides that the use of a reproduction or facsimile of a seal in a manner that
creates a misleading, erroneous, or false impression that the document is authorized by
a public official is evidence of intent to deceive.
12. Absentee Voters. AB 719 Wiggins). Chapter 918. Statutes of 2001. Existing lai
authorizes a voter who has specified physical impairments or conditions to apply for
permanent absent voter status. This legislation additionally authorizes a voter who is
employed in a position that requires the voter to work shifts of 24 consecutive hours or
more to apply for permanent absent voter status.
13. Elections. Extension of Deadlines. AB 733 Wirmins), Chapter 919, Statutes of 2001.
The Elections Code prescribes various deadlines for tabulating and reporting the vote in
elections. This legislation authorizes a county elections official, where a post election
deadline will prevent the proper tabulation or recounting of ballots, to petition the
superior court to extend any post election deadline for the counting of votes or reporting
of vote totals so that all votes are counted pursuant to Section 2.5 of Article II of the
California Constitution. The measure also defines “vote” for purposes of those
constitutional provisions. The legislation will not become operative unless a specified
constitutional amendment adding those constitutional provisions is adopted by the
voters.
14. Elections. AB 1520 (Shellev). Chapter 922, Statutes of 2001. Existing provisions of
the Elections Code permit the use of a mark in lieu of a signature in certain instances.
Existing general provisions of law permit the use of a mark in lieu of a signature on a
sworn statement only if witnessed by two other persons. This legislation permits the use
of a mark when witnessed by one person and permits the use of a person’s mark where
a signature is otherwise required by the Elections Code if the person is unable to
provide a signature and the mark is attested by a witness.
LCC Legislative Report - 1 l/01 5 Statutes of 2001 --
15. Special Election. Local Initiative Measures. AB 1712 (Committee on Elections),
Chapter 924. Statutes of 2001. Existing law requires that an election for a county,
municipal, or district initiative measure that qualifies for the local ballot pursuant to
specified procedures be held not less than 88 nor more than 103 days after the date of
the order of election. Every law provides, when it is legally possible to hold a special
election on any of those measures within 180 days prior to a regular or special election
held within the same territory, that the election on the initiative measure might be held
on the same date as, and consolidated with, that regular or special election.
This legislation provides that when it is legally possible to hold a special election for a
county, municipal, or district initiative measure that qualifies for the local ballot pursuant
to specified procedures between a regularly scheduled statewide direct primary election
and a regularly scheduled statewide general election in the same year, the special
election may be held on the same date as, and consolidated with, the statewide general
election.
16. Voters Accompanied by Children. SB 903 (Committee on Elections), Chapter 104,
Statutes of 2001. This legislation allows a voter to be accompanied in the voting booth
by a child or children under the age of 18 years, and eliminates the requirement that the
voter have no other method of temporary care for the child or children.
Ill. EMPLOYEE BENEFITS/RELATIONS, PUBLIC EMPLOYEES’ RETIREMENT,
WORKERS’ COMPENSATION
EMPLOYEE BENEFITS/RELATIONS
17. Domestic Partners. AB 25 (Miaden), Chapter 893, Statutes of 2001. This legislation
expands the group of individuals who may register as domestic partners, and confers
various new legal rights on all registered domestic partners. Specifically, this legislation:
1) expands the group of individuals who may register as domestic partners to include
opposite sex couples where one of the persons is over the age of 62. Current law
allows opposite sex couples to register as domestic partners only where both partners
are over the age of 62; and 2) confers various new rights, privileges, and standing on all
registered domestic partners, consistent with the rights, privileges and standing of
spouses, including: (a) the right to recover damages for negligent inflection of emotional
distress; (b) the right to assert a cause of action for wrongful death; (c) the right of a
domestic partner to adopt a child of or her partner as a stepparent; (d) the right to
receive continued health care coverage; (e) the right to make health care decisions for
an incapacitated partner; (f) the right to nominate a conservator, be nominated as a
conservator, oppose, participate, file various petitions in the conservator-ship and to
receive all notices relevant to conservatorship proceedings, including temporary
conservator-ships, involving his or her domestic partner; (g) the right to receive an
allowance from the estate of a conservatee who is his or her domestic partner, to pay
for basic living expenses during the conservator-ship, in the same manner as a spouse
and the minor children of a conservatoree are entitled; (h) the right to jointly purchase
real property with a conservatee who is his or her partner and to receive gifts from the
LCC Legislative Report - 1 l/01 6 Statutes of 2001
conservator upon court approval; (i) the right and priority of his or her nominee to be
appointed conservator equal to the right and pritirity of a nominee of a spouse; and (i)
the right to be treated the same as a spouse in a stahrtory win.
18. Meyers-Milias-Brown Act. Agency Shop Agreements. AB 132 (Horton), Chapter
259, Statutes of 2001. Under existing law, the Meyers-Milias-Brown Act authorizes a
local public agency and a recognized employee organization that has been recognized
as the exclusive or majority bargaining agent to negotiate an agency shop agreement.
Under the act, an agency shop arrangement is required to be placed in effect, without a
negotiated agreement, upon (1) a signed petition of 30 percent of th;e employees of the
applicable bargaining unit requesting an agency shop agreement and an election to
implement an agency fee arrangement, and (2) the approval of a majority of employees
who cast ballots in a secret ballot election in favor of the agency shop arrangement.
Existing law provides that the petition may only be filed after good faith negotiations, not
to exceed 30 days, have taken place between the parties in an effort to reach
agreement. This legislation permits the petition to be filed only after the recognized
employee organization has requested the public agency to negotiate on an agency shop
arrangement and, beginning seven working days after the public agency received the
request, the two parties have had 30 calendar days to attempt good faith negotiations in
an effort to reach agreement.
0 19. Blood-Borne Diseases. AB 196 (Correa), Chapter 833, Statutes of 2001. The County
Employees Retirement Law of 1937 provides that, for purposes of qualification for
disability retirement beneffis, the development of a blood-borne infectious disease by
specified safety members, firefighters, and members in a&ve law enforcement, as
defined, shall be presumed to arise out of and in the course of employment if the
member demonstrates that he or she was exposed to blood or blood products as a
result of performance of job duties.
This legislation eliminates the requirement that the member demonstrate that exposure
for purposes of that presumption. Under existing law, a person injured in the course of
employment is generally entitled to receive workers’ compensation on account of that
injury. Existing lath provides that, in the case of certain state and local firefighting and
law enforcement personnel, the term ‘injuryn includes hernia, tuberculosis, and
meningitis that develops or manifests itself during a period while the member is in the
service of the governmental entity, and establishes a disputable presumption in this
regard.
This measure extends these provisions to members of the California Highway Patrol.
Existing law also defines “injury” in the case of specified state and local firefighting and
law enforcement personnel and patrol members, to include hepatitis that develops or
manifests itself during the period while the member is in the service of the governmental
entity. This legislation expands the scope of this provision to include any blood-borne
infectious disease, including a number of diseases, such as, HIV, Mad Cow Disease,
Syphilis, Hepatitis B and C.
20. Volunteer Firefighters. Death Benefits. AB 197 (Correa), Chapter 331, Statutes of
2001. Existing law provides for the Volunteer Firefighters Length of Service Award
System Fund, which is administered by the Board of Administration of the Public
LCC Legislative Report - 11101 7 Statutes of 2001
Employees’ Retirement System and funded by contributions from contracting
departments. Volunteer firefighters may receive fram the fund up to $100 per month for
[ife, based on their length of service, and a supplemental amount not to exceed $50,
based on an actuarial analysis of the condition of the fund as determined by the board.
This legislation additionally requires the board to pay a lump-sum benefit of $3,000 upon
the firefighters death to his or her designated beneficiary or estate, if the firefighter has
accrued 10 years of service.
21. Discrimination. Remedies. AB 276 (Miaden). Chapter 813, Statutes of 2001. Existing
law specifies that all persons have the right to be free of violence or intimidation by
threat of violence against their persons or property because of their race, color, religion,
ancestry, national origin, political affiliation, sex, sexual orientation, age, disability, or
position in a labor dispute or because another person perceives them to have one or
more of these characteristics. Under existing law, these provisions do not apply to
statements concerning positions in a labor dispute that are made during lawful labor
picketing. Existing law makes violation of these provisions subject to an award of
damages up to $150,000 in an administrative proceeding brought under the Fair
Employment and Housing Act. Existing law specifies that the director of the Department
of Fair Employment and Housing must issue an accusation in those administrative
proceedings within one year after the complaint is filed with the Department, except for
complaints treated by the director as group of class complaints, with respect to which
the accusation must be issued within two years of the filing of the complaint. This
legislation extends to two years the period within which an accusation may be issued by
the director upon a complaint alleging a violation of the above-described right to be free
of violence or intimidation or threats of violence.
22. Local Recreational Areas. Personnel. AB 351 (La Suer), Chapter 777, Statutes of
2001. Existing law prohibits a county or city, or city and county or special district, in
connection with the operation of a park, playground, recreational center, or beach used
for recreational purposes, from hiring for employment or as a volunteer any person in a
position having supervisory or disciplinary authority over any minor, if the person has
been convicted of specified crimes, and authorizes a county, city, city and county, or
special district to screen, in accordance with specified law, any such prospective
employee or volunteer for their criminal background.
This legislation requires a county or city, or city and county or special district to require
that each such prospective employee or volunteer complete an application that inquires
as to whether or not that individual has been convicted of any of those specified crimes,
and requires, instead of authorizes, each of those entities to screen any such
prospective employees or volunteers, having supervisory or disciplinary authority over
any minor, for that person’s criminal background. The measure also makes a technical,
correcting change. By imposing a new duty on local agencies implementing its
provisions, the legislation would impose a state-mandated local program.
23. State Board of Fire Services. AB 464 (Frommer), Chapter 779, Statutes of 2001.
This legislation reduces the membership of the State Board of Fire Services (Board)
from 18 to 17 members, modifies the composition of the Board to include specified state
representatives, and revises the selection process for the volunteer firefighter, the fire
LCC Legislative Report - 1 l/O1 8 Statutes of 2001 -
24.
chiefs, and the fire service labor representatives on the Board. Specifically, the
measure:
1) Reduces the membership of the Board to 17 members, and modifies the composition
of the Board to instead include the .Deputy Chief of Fire Protection of the Department of
Forestry and Fire Protection, the Director of the Office of Emergency Services, the
Chairperson of the California Fire Fighter Joint Apprentice Program, and one less fire
chief representative and fire service labor representative.
2) Modifies the appointment of members to the Board by requiring the volunteer
firefighter position be selected from a list of names submitted by the California State
Firefighters Association, and that one of the fire chief appointments must be selected
from a list of names submitted by the Fire Districts Association of California. Revises
the appointment process for the five fire service labor representatives by requiring that
these members be selected from lists submitted (one each) by the following ”
organizations: California Labor Federation, California Professional Firefighters,
International Association of Fire Fighters, California Department of Forestry Firefighters,
and the California State Firefighters Association.
3) Reduces the quorum of the Board from ten to nine members.
Employment. -Workplace Language Policies. AB 800 (Lesson). Chapter 295,
Statutes of 2001. Existing provisions of the California Fair Employment and Housing Act
define and prohibit various discriminatory employment practices.
This legislation makes it an unlawful employment practice for an employer to adopt or
enforce a policy that prohibits the use of any language in the workplace unless the policy
is justified by business necessity, as defined, and prescribed notice of the policy and
consequences for violation of the policy is given to employees.
Employment. Retaliation. AB 1015 (Wright), Chapter 820, Statutes of 2001. Existing
law prohibits an employer from discriminating against any employee because the
employee has filed a claim with or instituted a proceeding before the Labor
Commissioner relating to the employee’s rights, because the employee testifies or will
testify in such a proceeding, or because the employee exercised, on behalf of himself,
herself, or others, rights afforded employees by the Labor Code. Existing law provides
for reinstatement of and the payment of lost wages and work benefits to any employee
who is subjected to adverse employment action because the employee filed a bona fide
complaint with the Divisions of Industrial Relations. Existing law makes it a
misdemeanor for an employer to take adverse employment action against employees
who file bona fide complaints.
This legislation extends those provisions to apply to applicants for employment who are
refused employment, not selected for a training program leading to employment, or
discriminated against in any other manner. The measure expands existing prohibitions
to include protection for employees and applicants who engage in conduct delineated in
Chapter 4 of Division 1 and Chapter 5 of Part 3 of Division 2 of the Labor Code. The
measure provides that its provisions relating to Chapter 4 of Division 1 and Chapter 5 of
LCC Legislative Report - 1 l/O1 9 Statutes of 2001
Part 3 of Division 2 do not apply to state and local law enforcement agencies, certain
religious organizations or corporations, or certaih members of the press.
The legislation also provides that its provisions shall not be construed to invalidate
certain collective bargaining agreements and employment contracts that protect an
employer against conduct that is in direct conflict with the employer’s essential
enterprise-related interests where breach of the agreement’ would materially and
substantially interfere with the employer’s operations or collective bargaining
agreements protecting a firefighter against diseases presumed to arise as a result of his
or her employment by limiting the firefighter’s consumption of tobacco products. The
legislation provides that its provisions do not affect existing law regarding employment
discrimination related to the consumption of tobacco products.
26. Confidential Department of Motor Vehicles Records. AB 1029 (Oropeza), Chapter
646, Statutes of 2001. Existing law makes confidential the home address of certain
persons appearing in the Department of Motor Vehicles records, if the person requests
to be kept confidential, with certain exemptions for information available to specified
government agencies. Violation of the confidentiality requirements is a felony. This
measure includes any employee designated for three-year periods by a chief of police or
sheriff as being in a sensitive position.
27. Labor. Complaints. AB 1069 (Koretz), Chapter 134. Statutes of 2001. Existing law
provides that any person who believes that he or she has been discharged or othervyise
discriminated against in violation of specified laws regulating employment that are under
the jurisdiction of the Labor Commissioner, may file a complaint with the Division of
Labor Standards Enforcement. The measure expands that provision to cover any law
under the jurisdiction of the Labor Commissioner.
Existing law provides that if, after an investigation, the Labor Commissioner determines
that no violation to a law has occurred, the Labor Commissioner shall dismiss the
complaint and notify the complainant of his or her right to bring an action in an
appropriate court, and, in the case of an alleged violation of specified discrimination
laws, file a complaint against the state program with the United States Department of
Labor.
The legislation provides that the filing of a timely complaint with the United States
Department of Labor stays the Labor Commissioners dismissal of the division complaint
until the United States Secretary of Labor makes a determination regarding the alleged
violation. Under the legislation, within 15 days of receipt of that determination, the Labor
Commissioner is required to notify the parties as to whether he or she will reopen the
complaint filed with the division or whether he or she will reaffirm the dismissal.
28. Peace Officer Qualifications. AB 1152 (Varaas). Chapter 29, Statutes of 2001.
Existing law establishes certain minimum standards for public officers or employees
declared by law to be peace officers. The minimum education requirement is high
school graduation, passing the General Education Development Test at high school
graduation level, or a two-year or four-year degree from an accredited college or
university. The measure provides that the education requirement may be met by
LCC Legislative Report - 1 l/01 Statutes of 2001 b
passing the California High School Proficiency Examination and revises the
accreditation standard.
29. Unemployment Insurance. Benefits. Compensation. SB 40 (Alarcon), Chapter 409,
Statutes of 2001. Under existing law, an unemployed individual is not disqualified for
eligibility for unemployment compensation benefits solely on the basis that he or she is a
student. This legislation eliminates this provision and instead provides that an
unemployed individual is not disqualified for eligibility for unemployment compensation
benefits solely on the basis that he or she is only available for part-time work.
Existing law specifies that a person is “unemployed” in any week during which he or she
performs no services and with respect to which no wages are payable to him or her.
This measure requires that payments received from an employer that has failed to
provide advance notice of facility closure required by the Federal Worker Adjustment
Renotification and Training Act, not be construed to be wages or compensation for . . . . personal services for purposes of determination of elrgrbrlrty for unemployment
compensation beneftis.
Under existing law, unemployment compensation benefits are based on wages paid in a
base period that is calculated according to the month within which the benefit year
begins. This measure revises the calculation for these base periods.
Under existing law, the weekly unemployment compensation benefit for an individual
whose highest wages in the quarter of his or her base period exceeded a specified
amount is 39 percent of those wages divided by 13, but may not exceed $230. This
legislation, for new claims filed with an effective date after January 1, 2002, specifies a
weekly benefit for an individual whose highest wages in the quarter of his or her base
period exceeded a specified amount, of a certain percentage, of those wages divided by
13, and also increases, in accordance with a certain schedule, the m.aximum weekly
benefit to a specified dollar amount.
30. Public Safety Officers. Civilian Employees. SB 379 (Alarcon). Chapter 801, Statutes
of 2001. This legislation adds to Government Code section 3508.1 the term “police
employee,” which will include the civilian employees of the police department of any city.
Section 3508.1 requires that no punitive action, nor denial of promotion on grounds
other than merit, shall be undertaken for any act, omission, or other allegation of
misconduct if the investigation of the allegation is not completed within one year of the
public agency’s discovery by a person authorized to initiate an investigation of the
allegation of an act, omission, or other misconduct. This one-year limitation period shall
apply only if the act, omission, or other misconduct occurred on or after January 1,
2002.
In the event that the public agency determines that discipline may be taken, it will
complete its investigation and notify the police employee of its proposed disciplinary
action within that year, except in any of the following circumstances:
(1) If the act, omission, or other allegation of misconduct is also the subject of a criminal
investigation or criminal prosecution, the time during which the criminal investigation or
criminal prosecution is pending will toll the one-year time period;
LCC Legislative Report - 1 l/O1 11 Statutes of 2001 -
(2) If the police employee waives the one-year time period in writing, the time period wjll
be tolled for the period of time specified in the written waiver;
(3) K the investigation is a multijurisdictionaf investigation that requires a reasonable
extension for coordination of the involved agencies;
(4) If the investigation involves more than one employee and requires a reasonable
extension;
(5) If the investigation involves an employee who is incapacitated or otherwise
unavailable, the time during which the person is incapacitated or unavailable will toll the
one-year period;
(6) If the investigation involves a matter in civil litigation in which the police employee is
named as a party defendant, the one-year time period will be tolled while the civil action
is pending;
(7) If the investigation involves a matter in criminal litigation in which the complainant is
a criminal defendant, the one-year time period will be tolled during the period of that
defendants criminal investigation and prosecution; and
(8) If the investigation involves an allegation of workers’ compensation fraud on the part
of the police employee.
31. Occupational Safety and Health. SB 1207 (Romero), Chapter 807, Statutes of 2001.
Existing provisions of the California Occupational Safety and Health Act of 1973 defines
the terms “employee” and “employment.” The definition of “employment” in existing law
limits “employment” to work for hire.
This legislation includes within these definitions, and thereby making the act applicable
to, volunteer firefighters when covered by workers’ compensation pursuant to provisions
applicable to volunteer firefighters of specified volunteer fire departments that are wholly
or partially supported by a county, city, or public district.
PUBLIC EMPLOYEES’ RETIREMENT
32. Health Care Benefits. AB 215 (Cohn), Chapter 775, Statutes of 2001. Under the
Public Employees’ Medical and Hospital Care Act specified employees and annuitants
and their eligible family members, as defined, may enroll in an approved health beneffis
plan and continue that enrollment after retirement or after the death of the employee, as
specified. Under that act, an appropriation is made monthly from the General Fund to
pay the state’s share of the cost of that enrollment for specified employees and all
annuitants.
This legislation provides that, upon the death of specified firefighters and peace officers
from injury or disease relating to their official duties, their uninsured surviving spouses,
as defined, and uninsured family members, as defined, may enroll in an approved health
benefits plan and continue that enrollment after retirement or after the death of the
employee. Under that act, an appropriation is made monthly from the General Fund to
pay the state’s share of the cost of that enrollment for specified employees and all
annuitants.
This legislation provides that, upon the death of specified firefighters and peace officers
from injury or disease relating to their official duties, their uninsured surviving spouses,
as defined, and uninsured family members shall be entitled to enroll in those health
LCC Legislative Report - 1 l/O1 12 Statutes of 2001
benefits plans, and a portion, as established annually according to a specified formula,
of the cost of that enrollment shall be paid by-the state from the General Fund, thus
making an appropriation. This legislation requires the Workers’ Compensation Appeals
Board to resolve any disputes regarding whether the cause of the firefighter’s or peace
officer’s death was related to his or her official duties. The measure requires the
employer of a deceased firefighter or peace officer, as described above, whose spouse
or family member may be eligible for health benefits under its provisions, to notify the
Board of Administration of the Public Employees’ Retirement System, which would then . . . . be required to promptly determine elrgrbrlrty and forward specified materials to the
eligible spouse or family member.
e 33. Public Employees’ Retirement. AB 510 (Matthews), Chapter 781 1 Statutes of 2001.
Existing law, the Public Employees’ Retirement Law, provides that contracting agencies
that have excess assets, as determined by the chief actuary, may request that the
Board of Administration of the Public Employees’ Retirement System transfer employer
assets to member-accumulated contribution accounts to satisfy all member contributions
as specified.
This measure authoriies a contracting agency to request that the board transfer excess
assets from the contracting agency’s employer account to a retiree health account
established by the board, in its discretion, in the contracting agency’s employer account,
if the transfer qualifies under federal Internal Revenue Code provisions. The legislation
authorizes the board, in its discretion, to transfer those excess assets to be used solely
for the payment of current retiree health liabilities, subject to certain conditions.
34. Local Government Employees’ Retirement. Benefits. AB 616 (Calderon), Chapter
782, Statutes of 2001. Under existing law, contracting agencies of the Public
Employees’ Retirement System may elect to provide service retirement beneftis for local
miscellaneous members, as defined, based on either a 2 percent at age.60 formula, or a
2 percent at age 55 formula. Under existing law, the contribution rate for those
members is 7 percent of compensation. Member contributions are deposited in the
Public Employees’ Retirement Fund, a continuously appropriated special fund.
This legislation authorizes contracting agencies to provide service retirement benefits to
local miscellaneous members based on a 3 percent at age 60 formula, a 2.5 percent at
age 55 formula, or a 2.7 percent formula to 8 percent of compensation, thereby making
an appropriation.
35. Public Employees’ Long-Term Care Insurance. SB 824 (Cohn), Chapter 185,
Statutes of 2001. Existing law requires the Board of Administration of the Public
Employees’ Retirement System to contract for long-term care insurance plans,
authorizes the board to develop and administer self-funded long-term care insurance
plans, and specifies that active and retired members and annuitants of specified public
retirement systems and their spouses, their parents, and their spouses’ parents shall be
eligible to enroll in those plans. Premiums for any self-funded long-term care plan
developed by the board are required to be deposited in the Public Employees’ Long-
Term Care Fund, a continuously appropriated special fund. This measure provides that
adult siblings of eligible active and retired members and annuitants shall also be eligible
to enroll in those plans.
LCC Legislative Report - 1 l/O1 13 Statutes of 2001
36. Local qublic Employees. AE! 1164 (Ororxza~. Chapter 788, Sf&utes of 2001. The
existing Meyers-Miiias-Brown Act, which governs local public employer-employee
relations, establishes the right of local public employees to form, join, and participate in
the activities of employee organizations of their own choosing for the purpose of
representation on all matters of employer-employee relations.
This legislation prohibits punitive action, denial of promotion, and threats of this
treatment against a local public employee for the exercise of any lawful action as an
elected, appointed, or recognized representative of any employee bargaining unit.
37. Public Employees. Representation. AB 1281 (Cedilla), Chapter 790, Statutes of
Under the Meyers-Millias-Brown Act governing local public agency employment 2001.
relations, bargaining unit determinations and representation elections are determined
and processed in accordance with rules adopted by the public agency in accordance
with the act. This measure requires the public agency to grant exclusive or majority
recognition to an employee organization after a review and verification by a neutral third
party agreed to by the employee organization and the public agency of a signed petition,
authorization cards, or union membership cards, showing that a majority of the
employees in an appropriate bargaining unit recognized as exclusive or majority
representative of all or part of the same unit. The legislation requires the Division of
Conciliation of the Department of Industrial Relations to be the neutral third party and to
verii the exclusive or majority status of the employee organization in the event the
public agency and the employee organization cannot agree on a neutral third party. The
measure establishes criteria pursuant to which an election to establish majority status
would be ordered.
38. Public Employee Benefits. AB 1374 Wincrins), Chapter 791, Statutes of 2001.
Existing law provides that certain peace officers, firefighters, and other specified state
and local public employees are entitled to a leave of absence without loss of salary while
disabled by injury or illness arising out of and in the course of employment. The leave of
absence is in lieu. of temporary disability payments or maintenance allowance payments
otherwise payable under the workers’ compensation system. Existing law, in the case
of certain peace officers, provides that the leave of absence shall not be deemed to
constitute family care and medical leave or to reduce the time authorized for family care
and medical leave. The measure provides that the provisions relative to family care and
medical leave also apply to city, county, and district firefighters.
39. Public Employee Benefits. AB 1683 (Committee on PERSI, Chapter 793, Statutes of
The Public Employees’ Retirement Law provides that certain benefits provisions 2001.
shall be applicable to contracting agencies only if the agency’s contract with the system,
as originally executed or as amended, makes the provision applicable. This legislation
provides that some of those provisions shall be applicable to a contracting agency only if
its contract so provided on or before December 31, 2001.
Under existing law, when a local agency contracts with the Public Employees’
Retirement System, members of the local agency’s retirement system included in the
contract become members of the Public Employees’ Retirement System and payments
being made to retirees, survivors, and beneficiaries of the local system on the effective
LCC Legislative Report - 1 l/O1 14 Statutes of 2001
date of the contract are continued and paid by the Public Employees’ Retirement
System at the existing rates, unless the contract or a subsequent amendment thereto
otherwise provides.
This measure. revises that provision to provide that payments being made to retirees,
survivors, and beneficiaries of the local system on the effective date of the contract be
continued and paid unless the contract or a subsequent amendment thereto otherwise
provides as to persons retired under the local system.
Existing law authorizes members of the Public Employees’ Retirement System
employed by a contracting agency to withdraw their contributions to the system upon the
termination of the agency’s contract with the system. This measure makes that
authorization applicable to those members only if they are not employed in a position
subject to coverage by the system at the time of the election to withdraw.
Under the Public Employees’ Retirement Law, contracting agencies may authorize their
members to elect to receive service credit for time during which the member served in
the military, provided, among other things, that service was continuousand time during
which the member was on war relocation leave. This legislation eliminates the
requirement that the military service be continuous and repeals the provision relating to
war relocation leave.
The Public Employees’ Retirement Law provides that the monthly allowance paid to,
among others, a local member who retired prior to January 1, 2000, may be increased,
at the election of the contracting agency, according to a specified schedule. This
measure provides that those increases shall be made notwithstanding the purchase
power protection increase that is also provided under existing law for those retirees.
Existing law authorizes a member of the Public Employees’ Retirement System to elect,
upon service retirement, to have the actuarial equivalent of his or her unmodified service
retirement allowance paid as a temporary annuity and life income. This measure
establishes an alternative temporary annuity election that will be available to persons
who first became members of the system on or after January 1,2002.
Existing law establishes a replacement benefits program for members of the Public
Employees’ Retirement System. This legislation designates that program as a benefits
replacement plan and clarifies that the plan is applicable to school employers and
members of the system.
Existing law prescribes procedures to transfer membership from the Public Employees’
Retirement System to a county retirement system subject to the County Retirement Law
of 1937 for certain public safety members who were employed by a contracting agency
and who are subsequently employed by a county, fire authority, or district within any of
two or three specified counties as a result of the transfer of firefighting or law
enforcement functions. This measure clarifies that those procedures are also applicable
to those public safety members who were employed by the state and who are
subsequently employed by a county, fire authority, or district within all three counties as
a result of such a transfer.
LCC Legislative Report - 1 l/O1 15 Statutes of 2001 a
Under existing law, the Board of Administration of the Public Employees’ Retirement
System administers an agreement with the federal Department of Health and Human
Services for the social security coverage of employees of the state and various public
agencies that contract for coverage. The existing law excludes from that coverage
agreement policemen and firemen, as defined. This law expands the definition of
‘fireman” for those purposes to include certain employees of the City of Long Beach
who perform life saving and peace keeping duties.
Existing law, the Public Employees’ Medical and Hospital Care Act, provides that an
annuitant, as defined, who meets specified criteria and who was enrolled in a specified
health benefits plan at the time of becoming an annuitant may continue his or her
enrollment. The act also authorizes contracting agencies to allow eligible family
members of a deceased employee of the contracting agency to enroll in a specified
health benefits plan following the employee’s death. This measure specifies that this
authorization is applicable to eligible family members who are not enrolled on the
employee’s date of death.
. 40. Public Employees’ Retirement. Local Safety Members. SB 90 (Dunn), Chapter 796,
Statutes of 2001. Under the Public Employees’ Retirement Law, service retirement
benefits for local safety members shall not exceed 75 percent, or, in some cases, 85
percent of ftnal compensation. This legislation increases this benefit to 90 percent of
final compensation for local safety members who retire on or after January 1,2002.
41. Public Employees’ Postretirement Health Benefits. SB 202 (Soto), Chapter 798,
Statutes .of 2001. The Public Employees’ Medical and Hospital Care Act requires
contracting agencies, to pay employer contributions for postretirement health benefits
for employees who retire for service and who are first employed after the date of the
contract amendment or January 1, 1999, subject to specified conditions. In those circumstances, for employees with 20 or more years of credited service, the contracting
agency is required to pay 100 percent of the required health premium.
This legislation recasts those provisions and, upon approval by the governing body of a
contracting agency, authorizes the contracting agency to give employees hired prior to
the contract amendment the right to elect to be subject to those provisions, and requires
the contracting agency also to pay 100 percent of the required health premium for
annuitants who retired for disability and annuitants who retired with 20 or more years of
service credit with the contracting agency and who meet the specified criteria.
WORKERS’ COMPENSATION
42. Workers’ Compensation. AB 262 (Correa), Chapter 589, Statutes of 2001. Existing
law provides for the payment of death benefits to the dependents of an injured
employee who has died. Existing law provides that in the case of totally dependent
children, the death benefits are payable until the youngest child attains age 18.
Existing law exempts local safety members and patrol members, as defined, from a
specified limitation on the payment of death benefits with respect to an employee who is
an active member of the Public Employees’ Retirement System.
LCC Legislative Report - 1 l/O1 16 Statutes of 2001
This measure provides for the payment of death benefits in the case of a totally
dependent child of a local safety memher or a patioi member if the member was killed in
the line of duty before January 1, 1990, and the chiid is otherwise entitled to the
benefits. The legislation also provides that the exemption for local safety members and
patrol members from the limitation on the payment of death benefits would apply
retroactively.
e 43. Workers’ Compensation. Lifeguards. AB 663 (Varoas), Chapter 646, Statutes of
Existing law provides that an injury to an employee arising out of and in the 2001.
course of employment is generally compensable through the workers’ compensation
system. Existing law provides that, in the case of certain law enforcement officers and
firefighters, the term “inju@ includes heart trouble, hernia, pneumonia, and other
injuries and diseases.
This legislation provides, with respect to active lifeguards employed, for more than three
consecutive months in a calendar year, by certain local agencies and the Department of
Parks and Recreation, that the term “injuryn includes skin cancer that develops or
manifests itself during the period of the lifeguard’s employment. The measure further
creates a rebuttable presumption that the above injury arises out of and in the course of
the lifeguard’s employment if it develops or manifests during the period of the
employment.
44. Workers’ Compensation. Official Medical Fees. AB 1177 (Calderon), Chapter 252,
Statutes of 2001. Existing law provides for administration of the workers’ compensation
system by the Director of the Division of Workers’ Compensation of the Department of
Industrial Relations, who is referred to as the administrative director.
The legislation authorizes a health care provider or licensed health facility and a
contracting agent, employer, or carrier to contract for reimbursement rates that are
different from the official medical fee schedule. The measure provides that the
December 31, 2001 termination date contained in the California Code of Regulations for
specified regulations be extended until new regulations on the medical fee schedule
adopted by the administrative director becomes effective.
45. Workers’ Compensation. Billing Piocedures. AB 1179 (Calderon), Chapter 240,
Statutes of 2001. Existing law relating to workers’ compensation requires an employer
to notify the treating physician of an injured worker within 30 days if the billing for
services submitted by the physician is going to be contested, denied, or determined to
be incomplete. Existing law also requires that notice to state all additional information
necessary for the employer to make a decision containing the billing.
This measure requires any employer or insurer that employs an individual or contracts
with an entity to conduct a review of a workers’ compensation billing submitted by a
physician or medical provider to provide that individual or entity with all documentation
submitted by the physician or medical provider, along with a copy of the billing and any
preauthorization for services. The measure also prohibits the individual or entity
conducting the review from altering the procedure codes billed or recommending
reduction of a bill unless the submitted documentation has been reviewed by that
LCC Legislative Report - 1 l/01 17 Statutes of 2001
I individual or entity, and requires the reviewer to provide the physician or medical
provider with certain information in that regard.
46. Workers’ Compensation. SB 424 (Burton), Chapter 834, Statutes of 2001. Under
existing law, a person injured in the course of employment is generally entitled to
receive workers’ compensation on account of that injury. Existing law provides that, in
the case of certain law enforcement personnel, the term “injury” includes various
medical conditions that are developed or manifested during a period while the person is
in that service, and establishes a disputable presumption in this regard. The measure
provides that in the case of certain law enforcement personnel, the term “injury” also
includes a lower back impairment that develops or manifests itself during a period while
the person is in that service.
47. Workers’ Compensation. Death Benefits. SB 730 (O’Connell), Chapter 806, Statutes
of 2001. Existing law provides for the payment of a state scholarship to dependents of
specified peace officers, correctional officers or employees, and firefighters if the peace
officer, correctional officer or employee, or firefighter is killed in the performance of his
or her duty or if death or permanent disability is suffered by the peace officer,
correctional officer or employee, or firefighter as a result of specified accidents or
injuries incurred in the performance of his or her duty. Eligibility for the state scholarship
is limited to dependents that demonstrate financial need to the Student Aid Commission.
The measure prohibits proceeds of death beneftts received by a dependent from being
included when determining financial need for eligibility for the scholarship:
IV. STATE BUDGET, PROPERTY TAX, SALES/USE TAX, BONDS/DEBT/INVESTMENTS,
REDEVELOPMENT, MISCELLANEOUS FISCAL
STATE BUDGET
46. Rural Transit System Grant Program. AB 437 (Budnet Committee), Chapter 333,
Statutes of 2001. Grant funds totaling $18 million are available under this measure for
rural transit programs. The guidelines are to be set by Caltrans by August 31, 2001 and
reviewed by California Transportation Commission by October 15, 2001. The funds
may be used for transit facilities, vehicles and equipment, and right of way purchases.
The funds are restricted to rural jurisdictions that qualify as a Transportation
Development Act claimant. Financial requirements by applicants include provision of
matching funds, maintenance of local efforts and demonstration that the program can be
sustained. This measure sunsets January 1,2003.
49. Transportation Finance. Budget Trailer Legislation. AB 438 (Budqet Committeet
Chapter 113. Statutes of 2001. A key element of the 2000-01 State Budget was the
Traffic Congestion Relief Fund that shifted sales tax on gasoline from the general fund
to the Transportation Investment Fund (TIF) and included city and county funding for
local street and road maintenance. This measure postpones the transfer of funds to the
TIF for two years; however, it retains the funding for local streets and roads from the
State Highway Account. The maintenance of effort clauses for local streets and road
LCC Legislative Report - 1 l/O1 18 Statutes of 2001 -
50.
51.
52.4
53.
55.
funding from last year’s legislation AB 2928 (Torlakson, Chapter 91, Statues of 2000)
remain in place.
Law Enforcement Equipment Grants and Senior Citizens Property and Renters
Tax Assistance Budget Augmentation. AB 440 (Cardoza), Chapter 197, Statutes of
This measure adds $5.4 million to the law enforcement technology equipment 2001.
grant budget and raises the minimum to $30,000 per jurisdiction from $20,000 in the
original budget package. In addition, $75 million is added to original budget for the
senior citizens’ property tax assistance and renters’ tax assistance programs.
Local Assistance for Rural and Small County Law Enforcement. AB 443
(Aanestad), chapter 205, Statutes of 2001. Sheriffs departments in rural and small
counties receive an additional $500,000 each for surveillance and monitoring of
individuals conducting illegal acts. .
2001 Budget Act Amendments. AB 1737 (Budqet Committee), Chapter 400, Statutes
of 2001. The reporting deadline for the use of 2000-01 California Law Enforcement
Equipment Program funds was extended to December 15, 2001, allowing cities that
missed the August 15 deadline to meet the requirements and be eligible for 2001-02
funding. The measure also amended the local Urban Park Grant funding process to
prior&e that nffer matching grants.
Budget Act of 1999. Fiscal Affairs. SB 14 (Peace), Chapter 2. Statutes of 2001. In
addition to funding deficiencies totaling $666.7 million from the 1999-2000 year (funding
included in the Governor’s proposed 2001-2002 state budget), this measure
appropriates $40 million to fund the Senior Citizens and Disabled Homeowner and
Renter Assistance program for the 2000-2001 budget year.
Law Enforcement Funding. SB 736 (Poochiaian), Chapter 475, Statutes of 2001.
This measure removes altogether a sunset date on the Supplemental Law Enforcement
Fund. Under this measure, the county auditor may not release funds to any jurisdiction
that has not submitted an expenditure plan approved by its legislative body to the
Supplemental Law Enforcement Oversight Committee.
State Budget. SB 739 (Peace), Chapter 106, Statutes of 2001. This legislation is the
$101 .l billion State Budget for 2001-01. Approximately $75 billion is general fund
expenditures. This state budget measure is the document containing the spending plan
for state government and those programs that the state administers. SB 739 contains
thousand of spending items including the continuous appropriation for the Vehicle
License Fee Backfill, homeowners’ property tax exemption and others. The budget is
composed of a number of budget trailer legislation that contains the language changes
needed to implement the full budget agreement.
PROPERTY TAX
56. Personal Property Tax Exemption on Hand Tools. AB 136 (Corbett), Chapter 161 c
Statutes of 2001. This legislation will increase the property tax exemption on hand tools
from $20,000 to $50,000. Hand tools are defined as hand-held implements and
equipment and their storage containers that are necessary for the ordinary and regular
LCC Legislative Report - 1 l/01 19 Statutes of 2001
performance of the employee’s work. This legislation does not include any state
reimbursement for local agencies. The projected loss for local agencies is minimal.
57. Property Tax Revenue Allocations. Audits. AB 169 NVianins), Chapter 381, Statutes
of 2001. Since the ERAF shift of the early 1990’s, county auditors have endeavored to
accurately interpret the legislative intent of the complex revenue allocation formulas.
The State Controller routinely audits the allocation methods adopted by the counties
and, in a number of instances, deemed the county allocation method incorrect. Under
this measure, the State Association of County Auditors will develop allocation guidelines
that when adopted by the State Controller or the Department of Finance as regulations
will be deemed correct unless changed by legislation or court ruling. Any State
Controller audit findings that have been finalized for previous periods will establish the
standard for future periods. If a reallocation is required for previous years, the total
adjustment may not exceed 1 percent of the current year tax levy and will be distributed
in equal payments over the following three years. This one percent limit will not apply if
a county does not complied with the adopted regulations or has not sought approval
from the Controller for an exception.
58. Seismic Improvements. AB 184 (Liu), Chapter 330, Statutes of 2001. Existing law
allows for property that undergoes new construction to be exempt from property taxes
on the newly assed value of the building, if that new construction is for seismic and
safety improvements to the existing building or structure. This legislation would make
technical changes to that existing law by redefining “improvements utilizing earthquake
hazard mitigation technologies” to ‘improvements to existing buildings that are identified
by a local government as being hazardous to life in the event of an earthquake. This
law would also change the filling date for property owners who wish to apply for the new
construction exclusion and clarifies application of the law to property owners who do not
timely file all required documents with the county Assessor.
69. Property Taxation. Electronic Payments. AB 594 (Harman), Chapter 86, Statutes of
2001 -- Under this measure, a property tax payment remitted by electronic means will be
considered as paid on the date the taxpayer completes the transaction. In case of
dispute, the taxpayer shall provide proof of payment by a confirmation number or other
supporting documentation.
60. Property Tax Administration. AB 589 (Lesson), Chapter 521, Statutes of 2001. The
Property Tax Administration loan program becomes the Property Tax Grant program,
funding $60 million per year to counties through 2006-07. The counties will continue to
receive the funds fixed by the measure unless the Department of Finance finds that
specific standards have not been met. The counties may continue to charge
administration fees to cities, redevelopment agencies and special districts within the
jurisdiction without loss of grant funding or requirement to reimburse those agencies.
61. Property Taxation. Reduction in Assessment. AB 645 (Horton), Chapter 238,
Statutes of 2001. Taxpayer appeals processes are expanded in certain cases under
this measure. As a result of a “mandatory” property assessment audit (business
property of $400,000 or over), taxpayers that are advised of an underassessment of
property for prior years may appeal the findings. This measure extends the same
assessment appeal option to taxpayers for findings in nonmandatory audits. Prior to this
LCC Legislative Report - 1 l/O1 20 Statutes of 2001‘
measure, taxpayers were required to file real property tax assessment appeals between
July 2 and September 15. The deadline is npw extended to November 30 if the
taxpayer did not receiveanassessmentnoticebyAugust1.
62. Property Taxation, Mobile Homes. AB 1457 (Keeley), Chapter 772, Statutes of 2001.
This measure forgives any property taxes that would be due from escaped assessments
from Januaryl, 1989 through December 31, 2001. Beginning January 1, 2002, the
mobile home property would be reassessed to reflect the increase in value that occurred
when ownership transferred from the original tenant-purchaser of the park interests to
the new buyer. This legislation also requires the assessor to notify residents who
residents who receive reassessments that they maybe eligible for assistance under the
senior Citizens Property Tax Deferral or Assistance program.
63. Property Taxation. Welfare Exemption: Nature Resources and Open-Space
Lands. SB 198 (Chesbro), Chapter 533, Statutes of 2001. The welfare exemption for
property held by nonprofit agencies and used for nature resources and open-space
lands was set to expire with the lien date of 2002. This legislation extends that sunset to
2012.
64. Property Tax Technical Amendments. SB 1181 (Revenue and Taxation Committee),
Chapter 407. Statutes of 2001. The State Board of Equalization (BOE) submitted a
variety of changes to property tax laws. This measure: 1) streamlines the assessment
appeals process for private rail cars to conform to changes made last year for utilities
and common carriers; 2) clarifies appeals filing deadlines and due dates for fees
charged to timber property owners; 3) grants owners of property struck by disaster
longer reassessment and appeal process deadlines and gives county assessors broader
authority in initiating reassessment of disaster properties; and 4) allows BOE to charge
unitary property tax owners that do not respond to BOE requests for additional
information penalties on the entire unitary value not just the property in question.
65. Property Tax Administration Technical Amendments. SB 1183 (Revenue and
Taxation Committee), Chapter 121, Statutes of 2001. This measure adds administrative
recommendations by the California Association of County Treasurers and Tax Collectors
including: allowing a refund for a payment on property not owned by the individual and
making technical changes regarding tax-defaulted properties.
66. Property Taxation. SB 1184 (Revenue and Taxation Committee), Chapter 613,
Statutes of 2001. Property tax amendments proposed by the California Assessors
Association are incorporated in this measure. The measure: 1) sets time limits for
compliance audits on property under the California Land Conservation Act at four years,
which is comparable to other assessment audits; 2) increases the size and dollar limit
for combined property tax billings of two or more properties that are contiguous to a
larger parcel owned by the same party though in separate tax revenue districts; 3)
increases from six to eight years the statute of limitations for collecting escape
assessments in cases of fraud which equals the statue of limitations on failure to file
change of ownership; 4) sets the base year value of an original residence that was
damaged or destroyed by misfortune or calamity at the value prior to the incident for
senior homeowners that may transfer base year value from one residence to another of
equal or lesser value; and 5) simplifies the certification requirements for transfer of
LCC Legislative Report - 1 l/O1 21 Statutes of 2001 -
ownership between parents and/or grandparents and children to apply for exclusion
from reappraisal.
SALES/USE TAX
67.
68.
df 69.
r,
70.
71.
Sales and Use Tax Exemptions. AB 180 (Cedilla). Chapter 383, Statutes of 2001.
This legislation will extend the sunset date of January 1, 2002 for the sale and use tax
exemption for retail items sold at thrift store that support funding for services that benefit
individuals with HIV or AIDS to January 1, 2007. It also ads hospice care to the list of
qualifying services. This legislation does not include any state reimbursement for local
agencies, and according to the Board Of Equalization this measure would result in a
loss to the state of $1.394 million.
Sales and Use Taxes. Prepayment of Fuel Taxes. AB 309 (Lonnville), Chapter 429,
Statutes of 2001. Sales tax on diesel and aircraft jet fuel sales to retailers must be
collected by distributor at the first point of distribution, resulting in a prepayment by the
retailer. Reports and payments of fuel taxes collected may now be filed electronically.
The measure conforms to federal fuel tax regulations.
Taxation. AB 426 (Cardoza). Chapter 156, Statutes of 2001. This legislation provides
sales tax exemptions for liquefied petroleum gas, farm and forestry epuipment, and
diesel fuel used in farmina actives and for racehorse breeding stock. Revises the
mechanism for the sales and use tax component. Increases the benefits paid under the
Senior Homeowners’ and renters Assistance program by 45 percent on a permanent
basis. The sales and use tax Law provides for the levy of a state and use tax at a basic
rate of six percent upon the gross receipts from the sale in this state of, or the storage
use, or other consumption in this state of, tangible personal property. That law imposes,
as a component of that basic rate, a state sales and use tax at a rate of percent, but
suspends the imposition of that ‘/4 rate for any single calendar year for which the amount
in the special fund for economic uncertainties exceeds a specified amount in both the
prior and current fiscal year, as determined and certified by the Director of Finance. The
overall fiscal impact to the state of this measure in 2001-02 will be $103.6 million
(combined cost and revenues loss) to the general fund, $19.8 million to Public
Transportation Account and $4 million to local government.
Sale Tax Exemption. AB 646 (Horton), Chapter 706, Statutes of 2001. Current law
exempts from the sales tax medicines furnished by a health facility for the treatment of a
patient. Health facility is defined in part, as a facility to which persons are admitted for a
24-hour stay or longer. This measure expands the sales tax exemption for medicines
sold to health facilities to include clinics, which provide direct medical, surgical, dental,
optometric or podiatric advice, services or treatment to patients who remain at the
facilities for less than 24 hours. There is a projected loss of $375,000 annually to local
government.
Transactions and Use Tax, City of West Sacramento. AB 863 (Thomson), Chapter
263, Statutes of 2001. This measure authorizes the City of West Sacramento, subject
to the approval of 2/3 or a majority of the voters voting on the issue at an election, to
LCC Legislative Report - 1 l/O1 22 Statutes of 2001
72.
73.
74.
levy a tax pursuant to the Transaction and Use Tax Law at a rate of 0.25% or 0.5% for
general purposes.
Sales Tax Exemptions. AB 2898 (Papan), Chapter 592, Statutes of 2001. This
measure exempts transportation-related sale-leaseback transactions from the sales tax
regardless of when the original purchase occurs. This measure also exempts a
leaseback of equipment to transit agencies form sales tax and also eliminates the 90-
day limitation.
Sales Taxes: Fees: Administration. Corporation. SB 1185 (Committee on Revenue
and Taxation), Chapter 543. Statutes of 2001. This measure renames the State Board
of Corporation Tax Law as the Corporation Tax Law. Makes California law substantially
the same as federal law that permits electronic postmarks to be proof of the date an e-
file return is filed. This legislation also authorizes the Board of Equalization to reimburse
taxpayers for any third part charges, such as bounced check charges that are incurred
due to an erroneous levy or notice to withhold for all laws administrated by the Board of
Equalization.
Local Transaction and Use Taxes, Fresno Zoo. SB 1187 (Costa), Chapter 285,
Statutes Of 2001. This legislation authorizes the Board of Supervisors of Fresno County
to establish ah authority for zoological purposes in the County. It also authorizes any
authority that is so established to impose a transaction and use tax at a certain rate, if
the tax is proposed by an ordinance that is approved by 2/3 of the authority’s governing
body and county voters voting on the ordinance.
BONDS/DEBT/INVESTMENTS
75. Joint Powers Agencies. Bonds. AB’457 (Canciamilla). Statutes of 2001. In 1998
legislation was passed to curb abuse of Marks-Roos bonds by “roving Joint Powers
Agencies” (JPA). JPAs were formed without any members from the same jurisdiction as
the property to be developed by the bonds. The 1998 legislation required that at least
one JPA member be situated in the same jurisdiction as the project to be developed by
the bonds. Following this legislation, private mutual water companies were created in
the same jurisdiction as the property to be developed and served as the local JPA
member, circumventing the legislative’ intent. This measure requires that the JPA
member serving as the local jurisdiction agency must have land use jurisdiction over the
property to be developed.
76. Local Agency Investments. AB 609 (Kellev) Chapter 57, Statutes of 2001. In addition
to correcting differences between similar code sections on local agency investments,
this measure redefines funds eligible for investment and modifies eligible investment
institutions and instruments. Currently, funds eligible for investment are described as
surplus funds. The revised code allows the governing body to invest any funds it deems
not immediately needed to meet agency obligations. Funds placed in qualified
commercial paper are adjusted to 25% of all investments, eliminating the previous
reference to 15% plus an additional 15% if dollar weighted averages are met. Cities
may enter repurchase agreements with a broader range of banks. Eligible banks are
now defined as those with which a city has a “significant banking relationship” that
includes involvement in the city’s debt or financing activities or acceptance of city’s
LCC Legislative Report - 1 l/O1 23 Statutes of 2001
deposits. The measure also prohibits investments in certificates of deposits of state or
federal credit unions if any member of the city’s governing or managing officers (council,
city manager, fiscal officers) serves of the credit union board or key committee positions.
77. Joint Powers Agencies. AB 837 (Briqns), Chapter 186, Statutes of 2001. Federal tax
law requires that the highest ranking public official of a joint powers agreement (JPA)
certifies that public notice and hearing requirements were met prior to issuing tax-
exempt bonds on federally funded programs. In certain multi-county JPAs, a state
offtcial must sign the certification. That state individual was the Governor until the
Attorney General’s office declared that it was unable to advise the Governor on signing
the certification. The measure identifies
the certifications.
the State Treasurer as the state official to sign
78. Parking and Business Improvement
Statutes of 2001. This measure makes .
Districts. AB 1021 (Goldberg). Chapter 88,
several changes to the Business Improvement
District Act (BID). Ownership committees of Business Improvement Districts (BID) will
now be defined as nonprofit associations and must follow meeting and reporting
requirements of the Ralph M. Brown act and the Public Records Act. The measure also
dissolves the “board” previously required under the BID act and allows the BID to collect
interest and penalties on delinquent payments. If certain specifications are met, BIDS
with expired terms may renew the district for up to 10 years.
79. State General Obligation Bonds. SB 28 (Brulte). Chapter 97. Statutes of 2001. This
measure gives the state greater flexibility in issuing and retiring state general obligation
(GO) bonds, thus providing an opportunity for interest savings. Specifically, the state
will be able to retire high interest GO bonds issued prior to 1998; the state will no longer
be required to compare costs on variable rate bonds to competitive sales, making
variable rate bonds a viable option; and electronic bidders will only be required to place
a deposit based on the portion of bonds bid for not the entire issue, allowing expanded
use of electronic bidding on bonds.
80. Local Agency Assessments. SB 539 (Local Government Committee), Chapter 636,
Statutes of 2001. This measure conforms the Parking District Law of 1951 to the
assessment procedures enacted by Proposition 218 (Article XIII C and XIII D of the
State Constitution). The definition of the impartial person that may tabulate assessment
votes is no longer limited to the city clerk.
81. Real Estate. Disclosures of Transfer. SB 1122 (Poochiqian), Chapter 673, Statutes
of 2001. Property owners will be required to disclose any assessment district levies
against the property to prospective buyers. To facilitate this process, any government
body collecting assessment district revenues must specify a department to perform
assessment district duties and make property assessment information available to the
public for a reasonable fee, not more than $10.
REDEVELOPMENT
82. Community Redevelopment Disaster Project Law. SB 53 (Torlakson). Chapter 9,
Statutes of 2001. The code section designed for redevelopment projects for disaster
project areas was scheduled to expire January 1, 2001. This measure removes that
LCC Legislative Report - 1 l/O1 24 Statutes of 2001
sunset date, providing local areas a financing tool to rebuild properties struck by
disasters.
Redevelopment Agency Time Limits. SB 211 (Torlakson), Chapter 741, Statutes of
Redevel,opment agencies with ‘significant remaining blight” may extend their time 2001.
limits by ten years under certain qualifying conditions with this measure. To qualify, the
agencies must increase the percentage of increment tax revenues spent on low and
moderate income housing from 20% to 30%. Revenues in the extended time period
may only be spent on the blight properties. The Department of Finance, Department of
Housing and Community Development and the Attorney General ‘will have oversight
authority to monitor and judge compliance with the code provisions.
MISCELLANEOUS FISCAL
84. Enterprise Zones. AB 46 (Washington), Chapter 587, Statutes of 2001. This
legislation will provide for the designation of Enterprise Zones by the Trade and
Commerce Agency, according to specified criteria. Any City, County with an eligible area
within its jurisdiction may complete a preliminary application for designation as an
enterprise zone. The applying entity shall establish definitive boundaries for the
proposed enterprise zone and the targeted employment area. In designating enterprise
zones, the agency shall select from the applications submitted those proposed
enterprise zones that, upon a comparison of all of the applications submitted, indicate
that they propose the most effective, innovative, and comprehensive regulatory, tax
program, and other incentives in attracting private sector investment in the proposed
zone.
0 85. Taxation. Disclosure. AB 63 (Cedilla). Chapter 915, Statutes of 2001. Upon written
request by a city, the Franchise Tax Board (FTB) may release certain tax information on
businesses located within the city’s jurisdiction. The information may only be released
to a city employee, and the city must guarantee confidentiality of the shared information.
To implement this program, the city must sign an agreement with FTB to cover all costs.
To establish the program, FTB must receive all necessary funds to set up .the first year
of operations (including equipment, processing systems and staffing) from participating
cities. The program sunsets December 31, 2008.
86. Medium of Payment. Fees. AB 145 (R. Pacheco), Chapter 108, Statutes of 2001.
Cities and other local government agencies currently accept credit card payments for a
variety of fees and fines. This measure will allow the use of credit cards for court
ordered fines and fees and will permit the addition of a fee for credit card payments.
87. Seismic Improvements. AB 184 (Liu), Chapter 330, Statutes of 2001. Existing law
allows for property taxes on the newly assed value of the building, if that new
construction is for seismic and safety improvements to the existing building or structure.
This legislation would make technical changes to that existing law by redefining
“improvements utilizing earthquake hazard mitigation technologies” to ‘improvements to
existing buildings that are identified by a local government as being hazardous to life in
the event of an earthquake. This law would also change the filling date for property
owners who wish to apply for the new construction exclusion and clarifies application of
LCC Legislative Report - 1 l/O1 25 Statutes of 2001 * -
88.
4 89.
90.
91.
92.
93.
94.
the law to property owners who do not timely file all required documents with the county
Assessor.
Joint Enforcement Strike Force on the Underground Economy. AB 202 (Corbett),
Chapter 180, Statutes of 2001. The Task Force was formed in 1993 to identify business
conducted by the underground economy to enforce collection of payroll taxes and
compliance with labor and licensing regulations. The original task force included,
though was not restricted to, representatives from the Unemployment Insurance
Department, Employment Development Department, Department of Industrial Relations
and Office of Criminal Justice. This measure adds the Department of Insurance to the
list of representative agencies to ensure businesses are carrying appropriate liability and
other insurance coverage.
Business Licenses and Fees. Employment Relationship. AB 205 (Koretz), Chapter
36, Statutes of 2001. Cities may not require an individual to pay business license taxes
or fees if that person is serving as an employee and not acting as a business entity. In
cases of dispute on the employment status of the individual, the manner in which the
person reported income to the Internal Revenue Service or the Franchise Tax Board will
determine the employment status.
Transactions ,and Use Tax, City of West Sacramento. AB 863 flhomson), Chapter
592, Statutes of 2001. This measure authorizes the City of West Sacramento, subject
to the approval of 2/3 or a majority of the voters voting on the issue at an election, to
levy a tax pursuant to the Transaction and Use Tax Law at a rate of 0.25% or 0.5% for
general purposes.
Vehicle License Fee Offsets. SB 22 (Chesbro), Chapter 5, Statutes of 2001. In 2001,
the vehicle license fees were increased from 37 percent to 67.5 percent. For the years
2001 and 2002, the difference was to be in the form of a rebate rather than a reduced
taxpayer bill. This measure eliminates the rebate program with taxpayer bills issued to
include all of the 67.5% reduction starting July 1, 2001.
Claims Against the State. SB 348 (Kuehl), Chapter 723, Statutes of 2001. This
measure appropriates a total of $192.4 million, including $103.4 million from Proposition
98 General Fund, $42,00 from the State Transportation Fund, $89 million from the
General fund to the state Controller’s Office to reimburse school districts and local
agencies for specified state-mandated local cost.
Internet Tax Freedom Act. Continuation. SB 394 (Sher), Chapter 343, Statutes of
The prohibition against taxes or fees on intemet access, bandwidth usage or 2001.
online services is extended until January 1, 2004 if the Legislature receives an interim
report from the California Commission on Tax Policy in the New Economy by December
1, 2002. If the report is not received by that date, the Internet Freedom Act expires January 1,2003.
Taxation: Taxpayer’s Bill of Rights. SB 445 (Burton), Chapter 670. Statutes of 2001.
This measure adds into the Taxpayer’s Bill of Rights legislative intent regarding tax
proceedings between a taxpayer and the Board of Equalization or Franchise Tax. The
defined purpose of any tax proceeding is to correctly determine the taxpayer’s liability.
LCC Legislative Report - 1 l/O1 26 Statutes of 2001
To accomplish that purpose, both parties must be afforded every opportunity to present
all pertinent information to resolve differences on the liability. This measure places additional meeting notice and public record access requirements on the Franchise Tax
Board.
95. Vehicles, Trailers. International Registration. SB 734 (Kamette), Chapter 539,
Statutes of 2001. This legislation authorizes the State Department of Motor Vehicles
regulation of trailers dealers, establishes a permit for the temporary operation of a truck
subject to the International Plan. This measure authorizes the state to participate in the
federally mandated commercial vehicle registration program know as the International
Registration Plan (IRP) developed by the American association of Motor Vehicle
Administrators. IRP requires participating jurisdictions where a commercial interstate
vehicle fleet I based to compute and collect mileage-apportioned registration fees on
behalf of each IRP jurisdiction in which the registrant travel. Those computed fees are
transmitted, on a proportionate basis, to the other jurisdictions.
96. Local Transaction and Use Taxes, Fresno Zoo. SB 1187 (Costa), Chapter 285,
Statutes of 2001. This legislation authorizes the Board of Supervisors of Fresno County
to establish an authority for zoological purposes in the County. It also authorizes any
authority that is so established to impose a transaction and use tax at a certain rate, if
the tax is proposed by an ordinance that is approved by 2/3 of the authority’s governing
body and county voters voting on the ordinance.
V. ENERGY, AIR POLLUTION, WATER, SOLID WASTE/RECYCLING, COASTAL,
HAZARDOUS MATERIALS, MISCELLANEOUS ENVIRONMENTAL
ENERGY
This year, the Governor called two special extraordinary legislative sessions to address
energy issues. These’ sessions were run in addition to the regular session. To
distinguish between bills in the two sessions, the bills enacted during the First
Extraordinary Session are denoted as ‘AB 723X, while bills enacted during the Second
Extraordinary Session are denoted as “AI3 123xX. Urgency bills become law
immediately upon signature of the Governor. Non-urgency bills become law on the
ninety-first day after the Extraordinary Session was adjourned. The First Extraordinary
Session was adjourned on May 14,ZOOl. The Second Extraordinary Session has not yet
adjourned. Therefore, Urgency bills from the Second Extraordinary Session go into
effect upon signature; non-Urgency bills will go into effect 91 days after the Second
Extraordinary Session adjourns, whenever that will be.
97. Income Taxes. Energy Efficiency Products. AB 952 (Kellev), Chapter 212, Statutes
of 2001. Umency. This legislation provides an income tax exclusion for rebates and
vouchers received from water to energy suppliers for the installation of water and energy
conserving clothes washers, and plumbing devices for recycling.
LCC Legislative Report - 1 l/O1 27 Statutes of 2001
98.
99.
100.
101.
102.
Q 103.
c Energy Efficient Building Standards. AB 549 (Lonnville), Chapter 905, Statutes ‘of
Existing law requires the California Energy Commission to prescribe various 2001.
energy efficiency design standards for residential and non-residentiaf buildings. This
legislation requires the Commission to investigate options and develop a plan to
decrease wasteful peak load energy consumption and existing residential and non-
residential buildings. The measure requires the Commission to develop the plan and
report its findings to the Legislature on or before January 1, 2064. The measure also
requires electric and gas utilities to provide support for building standards in consultation
with the Commission in the event that funds are made available for these purposes.
Public Utility Commission. Customer Priorities. SB 1055 (Morrow), Chapter 447,
Statutes of 2001. Urgency. Existing law requires the Public Utilities Commission to
establish priorities among the types .or categories of customers of electric and gas
corporations and among the uses of electricity or gas by these customers. In
establishing these priorities, the Commission is required to identify those customers and
uses that provide the most important public benefits and serve the greatest public need
in descending order of priority. This legislation requires the Commission also to include,
as a consideration when establishing these priorities, a determination of unacceptable
jeopardy or imminent danger to public health and safety that creates a substantial
likelihood of severe health risk requiring medical attention. The measure also requires
the Commission to consider the effects of providing a high priority to some customers on
non-priority status.
Public Utilities. Public Goods Charge. AB 1724 (Pavlev), Chapter 774, Statutes of
This legislation deletes the sunset on customer credits to public entities for the 2001.
purchase of renewable energy that is not under contract with a utility. Existing law,
which authorizes public agencies to receive such consumer credits sunsets January 1,
2002. This measure also directs the California Energy Commission to establish a cap
on the aggregate amount of funds that may be awarded to public entities under this
program.
Energy Conservation. Building Standards. AB 1574 (Lowenthal); Chapter 773,
Statutes of 2003. This legislation authorizes the California Energy Commission to
develop and disseminate information or measures that enhance energy efficiency in
existing single, family, residential homes that were built prior to the development of the
state’s current. energy efficiency standards. The information or measures also require
all home inspectors to provide contact information on at least one nonprofit energy utility
or government agency that provides home energy efftciency information, if requested by
the homebuyer or seller.
Public Utilities. Interruptable Sewice Contracts. AB 621 (Corbett), Chapter 862,
Statutes of 2001. This legislation requires the California Independent System Operator,
electrical corporations and publicly-owned electric utilities to notify local air pollution
control districts or air quality management districts, of all electrical customers with whom
it has entered into interruptible service contracts or similar arrangements. The local air
districts are required to maintain this information in a confidential manner.
Electrical Power. AB 1X (Keelev), Chapter 4, Statutes of 2001 (First Extraordinary
Session). Uroency. This legislation makes a number of revisions to existing law
LCC Legislative Report - 1 l/O1 28 Statutes of 2001 *
& ‘/
,y- - 1 i?’ \Lip’
L I’\
/ regarding electricity restructuring. Among the key provisions are that the law authorizes
the State Department of Water Resources to enter into long-term power purchase
contracts and to sell the power directly or indirectly to investar owned UtiliieS in
California. It also authorizes the Department of Water Resources to sell revenue bonds
to repay the General Fund for the Department’s power purchases. Finally, the law
provides that direct access, at a date determined by the Public Utilities Commission, will
be prohibited in California.
0 104. California Power Authority. SB 6X (Burton), Chapter 10, Statutes of 2001 (First
Extraordinary Session). This legislation establishes the California Consumer Power and
Conservation Financing Authority. Specifically, the Power Authority has the following
purposes:
1) Establish finance, purchase, lease, own, operate, acquire, or construct generating . . facilities, on its own or through agreements with public and private third parties.
2) Finance programs administered by the California Energy Commission, the California
Public Utilities Commission and other approved participating parties for consumers and
businesses to invest in energy efficient appliances and renewable energy projects.
3) Provide.financing for energy efficiency and environmental improvements of existing
power plants. ..
4) Provide financing for natural gas transportation and storage projects.
5) Achieve an adequate energy reserve capacity in California by the year 2006.
6 105. Energy Consewation Funding. SB 5X (Sher), Chapter 7, Statutes of 2001. (First
Extraordinary Session), Umencv. Energy Conservation Funding. AB 29X (Kehoe),
Chapter 8, Statutes of 2001. First Extraordinary Session), Urgency. These pieces of
legislation are companion measures that appropriate $708,900,000 from the State
General Fund to implement new energy efficiency programs and supplement existing
energy efficiency programs. The measures provide grants and loans in a variety of
energy efficiency programs for different customer groups, including local governments.
[Detailed information about funding categories available under SB 5X and AB 29X are
available on the Energy section of the League’s Website at www.cacrties.orq.1
@ 106. Power Plant Siting. SB 28X (Sher), Chapter 10, Statutes of 2001 (First Extraordinaw
Session). This measure provides an expedited process for the planning, siting, and
approval of energy generating plants. Among its many provisions, is a requirement that
each local government agency that is reviewing a power plant application submitted to
the California Energy Commission must file a preliminary list of issues regarding the
design, operation, location, and financial impact of the facility with the Energy
Commission no later than 45 days after the application is filed. The local agency must
provide a final list of those issues with the Commission no later than 100 days after the
application is filed. The measure also states that “Nothing in this section may be
construed to limit the right of the city, county, or city and county, to comment on an
application filed pursuant to this Chapter or to act as an intervener or other party to a
proceeding established pursuant to this Chapter? The requirement that local agencies
LCC Legislative Report - 1 l/01 29 Statutes of 2001
submit preliminary and final comments within 45 and 100 days, as noted above, remains
in effect only until January I, 2004.
107. Public Utilities. Low Income Customers. SB 2XX (Alarcon), Chapter 11. Statutes of
2001 (Second Extraordinary Session). Existing law requires the Public Utilities
Commission (PUC) to establish a program of assistance to low income electric and gas’
customers, known as the California Alternative Rates for Energy, or CARE, Program.
This legislation establishes the Low-Income Oversight Board for the purpose of advising
the PUC on low-income electric and gas customer issues. The measure makes a
number of other technical changes to the CARE Program. Existing law also requires
each local, publicly owned electric utility that has not implemented a program for low-
income electricity customers or completed an assessment of those needs on or before
December 31, 2000, to perform the needs assessment and to determine the amount of
total funds collected to be allocated to these programs. This legislation requires a local,
publicly owned electric utility to consider increasing the level of discounts or raising the
eligibility level of existing low-income programs to be reflective of customer need, to
streamline enrollment, and to establish participation goals.
108. Solar Energy Systems. SB 82XX (Murrav), Chapter 10, Statutes of 2001 (Second
Extraordinaw Session). This legislation requires the State Department of General
Services, in consultation with the California Energy Commission, to ensure that solar
energy equipment is installed, no later than January I, 2007, on all state buildings and
state parking facilities where feasible. It also requires solar energy. equipment to. be
installed as part of the construction of all new state buildings and state parking facilities
that commence after December 31, 2002. For the purposes of this law, solar energy
equipment means equipment whose primary purpose is to generate electricity.
@ 109. Electric Power Interruption. AB 4XX (Cardoza), Chapter 3. Statutes of 2001 (Second
Extraordhaw Session), Urgency. This legislation requires an electrical corporation or
local, publicly owned electric utility, to immediately notify the California Highway Patrol
and the sheriff and any affected chief of police of a specific area within their respective
law enforcement jurisdiction that will sustain a planned loss of power as soon as the
planned loss of power becomes known, as to when and where the power loss will occur.
110. Public Utilities. Eminent Domain. AB 21XX (Canciamilla), Chapter 14, Statutes of
2001 (Second Extraordinary Session). This legislation removes the requirement in
existing law for gas corporations of obtaining a finding that exercise of eminent domain
by a public utility in a competitive market requires a finding by the California Public
Utilities Commission that such action is in the public interest. The measure also adds a
requirement to the eminent domain proceedings that the Public Utility Commission must
hold a local public hearing at the request of a public utility gas corporation as part of the
process of issuing a Certificate of Public Convenience and Necessity.
111. Electrical Energy. AB 26XX (Calderon), Chapter 15, Statutes of 2001 (Second
Extraordinary Session), Urgency. This legislation requires the California Public Utilities
Commission, when establishing new tariffs for customers using distributed energy
resources, to consider specified factors so that customers with more efftcient distributed
energy resource units pay a lower cost. The law also extends the operation date of the
LCC Legislative Report - 1 l/01 30 Statutes of 2001.
112.
113.
‘* 114.
* 1.15.
116.
117.
State Assistance Fund for Energy until July 1, 2011 and requires i&rest rates On
energy loans to be not less than 3 percent per anum.
Municipal Utility Districts. AB 57XX Mqqins), Chapter 18. Statutes of 2001 (Second
Extraordinary Session). This legislation reformats existing law, the Municipal Utility
District Act, governing the voter approval provisions needed to form a new municipal
utility district.
Public Health Emergency Conditions. AB 69 (Bogh), Chapter 13, Statutes of 2001
[Second Extraordinary Session), Umencv. This legislation authorizes the Governor, by
Executive Order, or the director of the Office of Statewide Health Planning and
Development, to suspend the enforcement of laws and regulations related to the
construction or renovation of existing long-term health care facilities when an
extraordinary situation exists within the state relating to an inadequate supply of energy
that has a strong potential for causing harm to residents of long-term health care
facilities. The provisions of this legislation would remain in effect until January 1, 2003.
Electricity. Blackouts. SB 68XX (Battin), Chapter 2, Statutes of 2001 (Second
Extraordharv Session), Umencv. Existing law requires the Public Utilities Commission
to establish priorities among the types of customers for which blackouts will occur. This
legislation requires the Commission, in establishing use priorities, to make a
determination of the potential affect of extreme temperatures on the health and safety of
residential customers. The measure author&es the Commission, to the extent it
determines it is in the public interest, to provide priority to customers experiencing
extreme temperatures only when temperatures are extreme.
Traffic Signals. Battery Backups. Light-Emitting Diode Traffic Signals. SB 84XX
(Burton), Chapter 6, Statutes of 2001 (Second Extraordinary Session), Umency. This
legislation requires the California Energy Commission to develop and implement a
program to provide battery backup for high priority traffic signals in cities and counties.
The measure authorizes the Commission to grant up to 70 percent of the funds to the
local agency (with .the remaining 30 percent matched by the local agency). The
legislation requires the Commission to give priority to those jurisdictions that did not
receive a grant from the state for the installation of lightemitting diode traffic control
signals. The measure also authorizes the Commission to reimburse a jurisdiction that
has installed a battery backup system for LED traffic signals between January 1, 2001
and the effective date of the law. This reimbursement is limited to $1500,000 of the
appropriation. It appropriates $10 million for implementation of the entire legislation.
Solar Energy Systems. Tax Credits. SB 17XX (Brulte), Chapter 12, Statutes of 2001
(Second Extraordinaw Session), Umency. This legislation allows an income tax credit
and bank incorporation tax credit related to the purchase and installation of solar energy
systems. For the purposes of the measure, solar energy system means an energy
system with a peak generating capacity of up to, but not more than 200 kilowatts. The
remaining provisions of the legislation remain in effect only until December 1, 2006.
Income Taxes. Energy Efficient Equipment. SB 75XX (Ortiz), Chapter 5. Statutes of
2001 (Second Extraordinary Session), Umency. This legislation allows a tax deduction
LCC Legislative Report - 1 l/01 31 Statutes of 2001 l
for interest paid on a loan financed through a public utility company to purchase energy
efficient equipment and products for California residences.
118. Energy Conservation. AB 48XX (Wright), Chapter 17, Statutes of 2001 (Second
Extraordinary Session). This legislation enacts the Solar Training, Education, and
Certification Act of 2001. The measure authorizes cities and counties to implement a
program that implements applicable building standards requiring the use of solar water
heating or photovoltaic systems in construction.
AIR POLLUTION
119. Air Pollution. SB 527 @her), Chapter 769, Statutes of 2001. This legislation makes a
number of technical and other changes to existing law regarding, among other
provisions, the authority of the State Resources Board to impose administrative
penalties. The requirements regarding the California Climate Action Registry, and the
imposition of civil penalties for violation of federally enforceable operating permits issued
pursuant to the Federal Clean Air Act.
120. Air Pollution. AB 1390 (Firebauoh). Chapter 763, Statutes of 2001. This measure
requires any air pollution management district or air pollution control district with a
population of one million residents or greater, in consultation with the State Air
Resources Board to expend not less than 50 percent of monies appropriated until
January 1, 2001 for the Carl Moyer Air Quality Standards Attainment Program to fund
programs to purchase reduced emissions, school buses, and diesel mitigation programs
in a manner that directly reduces public health risks associated with air contaminants in
communities with the most significant exposure to such. Existing law authorizes the
State Air Resources Board to administer a program to provide grants to individual local
governments and others to encourage the purchase or lease of zero emission vehicles.
This legislation expands potential grant recipients to include public agencies and makes
other related changes.
121. Air Pollution. Odors. Solid Waste Facilities. SB 88 (Costa), Chapter 424, Statutes
of 2001. Existing law requires air pollution control districts or air quality management
districts that receive a complaint regarding an odor from a specified composting
operation to refer the complaint to the local enforcement agency with jurisdiction
pursuant to the California Integrated Waste Management Act. The local enforcement
agency is required to take appropriate action. These provisions sunset on January 1,
2002. This measure extends the sunset to April 1,2003.
WATER
122. Sewage System Overflows. AB 285 CWavne), Chapter 498, Statutes of 2001. This
legislation requires the State Water Resources Control Board on or before January 1 of
the year in which the Legislature has appropriated sufficient funds, to develop report
forms for spills or overflows from a sanitary sewer system. The measure requires the
forms to be developed in consultation with appropriate state and local agencies, and
makes related requirements.
LCC Legislative Report - 1 l/O1 32 Statutes of 2001
123. Groundwater Contamination. Quality Monitoring Program. AB 599 (Liu), Chapter
522, Statutes of 2001. This legislation requires the State Water Resources Control
Board to integrate existing monitoring programs and design new program etements as
necessary for the purposes of establishing a comprehensive monitoring program
capable of assessing each groundwater basin in the state through direct and other
statistically reliable sampling approaches. The measure requires the State Board to
create an interagency task force to identify actions necessary to establish the monitoring
program and to identify measures that will increase coordination among state and
federal agencies that collect groundwater contamination information.
Q 124. Stormwater Monitoring. SB 72 (Kuehl), Chapter 492, Statutes of 2001. This measure
requires the State Water Resources Control Board to develop, before January 1, 2003,
minimum monitoring requirements for regulated municipalities that were subject to
stormwater permit on or before December 31, 2001, and minimum standard monitoring
requirements for regulated industries. It will require that the requirements established in
accordance with the measure to be included in all stormwater permits on or before
January 1,2008.
125. Water Quality. Stormwater Runoff. Used Oil Collection Programs. AB 560
[Jackson). Chapter 500, Statutes of 2001. Under existing law, local governments may
receive grants to distribute funds to support used oil collection programs, which are
designed to encourage the recycling of used oil and keep such contamination out of
waterways. This legislation authorizes these grants to be used for installation of devices
that can capture and reduce nonpoint pollution from used oil in storm drains. In order to
be eligible to receive funds for this new option, the local government must certify that it
has a stormwater management program that is approved by the appropriate California
Regional Water Quality Control Board and that the provisions in the used oil collection
program for this new funding option are consistent with that stonnwater management
program.
126. Stormwater Pollution. Used Oil Recycling Fund. AB 1201 (Pavlev), Chapter 317,
Statutes of 2001. Under existing law, local governments may receive grant funds to
support used oil collection programs. This measure authorizes the grant funds to be
awarded and used for education and mitigation projects that reduce nonpoint pollution.
The legislation provides that local government cannot receive a grant for this new
optional use of the funds unless the local government certifies that it has a stormwater
management program that is approved by the appropriate California Regional Water
Qual,ity Control Board and that the new option approved for funding is consistent with
that approved stormwater management program.
127. Water Quality Clean Up. AB 378 (Calderon), Chapter 332. Statutes of 2001. This
legislation makes a number of changes to existing law regarding regional water quality
control board authority to investigate and clean up groundwater contamination.
128. Water Quality. AB 1664 (Pavlev), Chapter 869, Statutes of 2001. This legislation
makes a number of changes to the Porter-Cologne Water Quality Control Act regarding
imposition of penalties, issuance of restraining order, illegal discharges, and intentional
or negligent violations of the Act.
LCC Legislative Report - 1 l/O1 33 Statutes of 2001
129.
130.
131.
132.
133.
134.
135.
136.
Urban Water Management Plans. SB 672 (Machado), Chapter 32b, Statutes of 2001.
This measure requires the State Department of Water Resources to include in the
Carifomia Water Pfan, a report on the devetopment of regional and local water projects
within each hydrologic region of the state to improve water supplies to meet municipal,
agricultural, and environmental ,water needs and to minimite. the need to import water
from other hydrological regions. The legislation requires an urban water management
supplier to describe, in its Urban Water Management Plan, management tools and
options used by that entiiy that will maximize resources and minimize the need to import
water.
Water Rights. AB 946 (Kellev), Chapter 315, Statutes of 2001. This measure makes a
number of ‘changes to existing law regarding water rights.
Water Agencies. AB 38 (Strom-Martin), Chapter 107, Statutes of 2001. Thiq
legislation requires the Office of the Legislative Analyst, not later than March 1, 2002, to
complete and submit to the Legislature, a study concerning the operation of special
district water agencies. The measure requires the study to include specified
components including a discussion of the forms of governments of those agencies and
the manner in which those agencies ensure that information with regard to certain
planning efforts is provided to the customers.
Flood Control and Water Conservation Facilities. Liability. AB 92 (Chavez),
Chapter 756, Statutes of 2001. Existing law provides that until January 1, 2002, neither
a public agency that operates flood control and water conservation facilities, nor its
employees shall be liable for injuries caused by the condition or use of unlined flood
control channels or adjacent groundwater recharge spreading grounds. This measure
extends the operative date of the above provision to January 1, 2007.
Water Replenishment Districts. SB 883 (Escutia). Chapter 829, Statutes of 2001.
This legislation makes a number of changes to existing law regarding the governments
and budgets of provisions of the Water Replenishment District Act.
Water Supply Planning. AB 901 (Daucher), Chapter 644, Statutes of 2001. Existing
law requires urban water suppliers to prepare urban water management plans. This
measure requires the plans to include information, to the extent practical, relating to the
quality of existing sources of water and the manner in which water quality affects water
management strategies and supply reliability. The legislation makes other minor
changes to urban water management plan requirements.
Water Omnibus Act of 2001. SB 609 (Costa), Chapter 606, Statutes of 2001. This
legislation makes a number of technical changes to a variety of laws regarding water
agencies, sanitation districts, and other laws related to provision and quality of water.
Drinking Water Standards. Arsenic. SB 463 (Perata). Chapter 604, Statutes of 2001.
This legislation requires the Department of Health Services to begin the process of
revising the existing primary drinking water standard for arsenic and to adopt a revised
standard for arsenic no later than June 30, 2004. The measure makes a number of
other changes to existing law regarding the development of drinking water standards for
arsenic.
LCC Legislative Report - 1 l/O1 34 Statutes of 2001
137. Drinking Water Standards. Hexavalent Chromium. SB 351 (Ortiz), Chapter 602,
Statutes of ZOO?. This legislation requires the Office of E-1 Heatth Hazard
Assessment to adopt a primary drinking water standard for hexavalent chromium by
January 1,2004:
138. Recycled Water Task Force. AB 331 (Goldbero), Chapter 590, Statutes of 2001. This
legislation requires the Department of Water Resources to convene the 2002 Recycled
Water Task Force to advise the Department in investigating the opportunities for using
recycled water in an industrial and commercial applications and other issues regarding
use of recycled water. The Task Force includes prescribed members that include one
representative of local agency health officers, one representative of urban water ?
sailors, and other representatives of local agencies.
SOLID WASTE/RECYCLING
139. Environmental Education. SB 373 (Torlakson), Chapter 926. Statutes of 2001. This
measure requires the State Board of Education and the State Department of Education
to revise, as necessary, the science curriculum to include specified concepts regarding
environmental education. It requires the Office of Integrated Environmental Education
of the California Integrated Waste Management Board, created by this measure, to
provide information and materials to aid the Department of Education in implementing
the legislation. Existing law, the California Integrated Waste Management Act of 1989.,
requires every city and county to develop and implement plans to reduce the amount of
solid waste going to landfill by 50 percent by the year 2000. This legislation authorizes a
school district and office/county of education to coordinate with cities and counties in
diverting solid waste from disposal facilities. The measure enacts other measures to
assist schools to increase the amount of recycling and waste reduction that is carried
out in schools and school districts.
140. Bottle Bill. SB 528 @her), Chapter 874, Statutes of 2001. This legislation makes a
number of technical clean up changes to California’s Beverage Container Recycling and
Litter Reduction Act (the Bottle Bill).
140. Solid Waste Fees. Surface Mining and Reclamation Sites. AB 173 (Chavez), Chapter 811, Statutes of 2001. This legislation eliminates the sunset on the exemption
from the solid waste tipping fee for inert wastes disposed of in surface mine reclamation
sites. It requires the California Integrated Waste Management Board to adopt
regulations to establish an appropriate level of oversight of the management of
construction and demolition and the management of inert wastes at mine reclamation
sites.
141. Recycling. Plastic. SB 1127 (Kamette), Chapter 406, Statutes of 2001. This
legislation requires the California Integrated Waste Management Board to conduct a
study on the use and disposal of expanded polystyrene in California, removes the
sunset date allowing the Waste Board to credit manufacturers for the use of recycled
plastic in post-consumer materials and allows the Waste Board to use funds collected from violations relating to recycled plastic containers to promote the development of
future recycling efforts.
LCC Legislative Report - 1 l/O1 35 Statutes of 2001 a-
COASTAL
142.
143.
144.
145.
State Coastal Conservancy. Educational Programs and Grants. AB 343 (Bates),
Chapter 885, Statutes of 2001. This legislation makes a number of changes to existing
law that authorizes the State Coastal Conservancy to provide educational programs and
grants to nonprofit organizations and public agencies.
Coastal Waters. Contamination. AB 639 (Nakano), Chapter 502, Statutes of 2001.
This measure requires the State Water Resources Control Board, on or before July 1,
2003, to develop reliable, rapid, and affordable diagnostic tests for measuring indicators
of contamination by pathogens in coastal waters.
Oil Spill Prevention. AB 715 (Wayne), Chapter 748, Statutes of 2001. This legislation
makes a number of changes to existing law, the Lempert-Keene-Seastrand Oil Spill
Prevention and Response Act.
State Coastal Conservancy. California Coastal Trail. SB 908 (Chesbro), Chapter
446, Statutes of 2001. This legislation requires the State Coastal Conservancy, in
consultation with the State Department of Parks and Recreation and the California
Coastal Commission to coordinate the development of the California Coastal Trail. It
also requires the Conservancy to complete a plan and the development of the coastal
plan, and to submit to the Legislature a copy of the plan. The measure authorizes the
Conservancy to award grants and provide assistance to public agencies and nonprofit
organizations to establish and expand inland trail systems that may be linked to the
California Coastal Trail. The legislation requires that the California Coastal Trail be
developed in a manner that demonstrates respect for property rights in the proximity of
the trail to residential uses.
HAZARDOUS MATERIALS
0 146. Brownfields. SB 32 (Escutia), Chapter 764, Statutes of 2001. This measure
establishes a number of new procedures that enable local governments to facilitate and
require the investigation and clean up of certain contaminated brownfield sites within
their city. It also establishes a pilot project for assessing the usefulness and impact of
informational screening numbers to be used by state agencies and others regarding
clean up levels. Specifically, among its many provisions, the measure establishes the
California Land Environmental Restoration and Reuse Act. The Act authorizes a local
agency to adopt an ordinance in order to implement the Act and to require a property
owner to investigate, and, if necessary, remediate a contaminated brownfield. The Act
is limited to idle properties that are smaller than five acres and does not apply to a
number of types of properties including redevelopment properties previously remediated
sites, sites subject to certain corrective actions, state or locally owned properties, etc. It
directs the California Environmental Protection Agency to establish, by April 1, 2002,
guidelines which specify procedures for the selection of an oversight agency for a
property subject to a Phase 1 Environmental Assessment. The legislation establishes a
number of other procedures that may be used by a local agency and the state agency
relative to properties affected by the measure. The legislation also provides certain immunities for local agencies that undertake and complete property investigation and
LCC Legislative Report - 1 l/O1 36 Statutes of 2001
remediation action. It also requires CalEPA to conduct a study evaluating the
usefulness of pilot screening numbers for encouraging the remediation of contaminated
properties in a study area comprised of Los Angeles, Santa Ana, and San Diego regions
and requires CalEPA to commence a scientific peer review of pilot screening numbers
for specified contaminants. CalEPA is also required to conduct public workshops in
establishing and revising these letters and must publish a guidance document explaining
how the screening numbers may be used with regard to remediating contaminated
properties.
147. Brownfields. Loans. AB 254 (Frommer), Chapter 548, Statutes of 2001. This
legislation makes a number of technical changes to existing law enacted last year, the
Clean Up Loans and Environmental Assistance to Neighborhoods Program (CLEAN).
148. Hazardous Materials. Brownfields. Insurance. SB 468 (Sher), Chapter 549,
Statutes of 2001. This legislation makes a number of changes to existing law enacted
last year, the Clean Up Loans and Environmental Assistance to Neighborhoods account.
The measure establishes the Fair Assurance and Insurance for Redevelopment
Program (FAIR), which requires the Secretary of Environmental Protection to solicit
proposals for a package of environmental insurance products from insurance companies
through a competitive bidding process. The measure requires an insurance company
selected by the Secretary to offer a pre-negotiated package of environmental insurance
products to any interested recipient of a loan under the CLEAN program and to any
person who conducts a response action in the state. The measure makes related
changes to existing law as well.
149. Hazardous Waste Disposal. AB 414 (D&a), Chapter 861, Statutes of 2001. This
legislation makes a number of changes to existing law regarding disposal of hazardous
waste to a facility that is not a Class 1 hazardous waste disposal facility.
150. Hazardous Waste. SB 470 (Sher), Chapter 605. Statutes of 2001. This legislation
corrects a number of technical problems in existing hazardous waste laws, clarifies
exemptions from those laws, reacts and modifies a previously sunseted requirement,
and exempts on-board engine oil management technology from regulation under the
hazardous waste laws. It authorizes a hazardous waste generator who is a public utility,
local publicly owned utility, or municipal’utility district, to transport up to 1,600 gallons of
hazardous waste water from the de-watering of one or more utility vaults or up to 500
gallons of any other liquid hazardous waste in a single shipment under the exemption of
existing law.
151. Proposition 65. Toxic Chemicals. SB 471 (Sher), Chapter 578. Statutes of 2001.
This legislation makes a number of technical changes to the enforcement provisions of
the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65).
152. School Facilities. Environmental Hazardous Materials Contamination. AB 972
(Calderon), Chapter 865, Statutes of 2001. This legislation makes a number of changes
to existing law regarding selection and evaluation of school sites that are contaminated
by hazardous materials.
LCC Legislative Report - 1 l/01 37 Statutes of 2001
153.
154.
b
155.
156.
157.
158.
159.
160.
*Hazardous Waste. Laboratories. AB 1329 (Lowenthal), Chapter 866, Statutes of
This legislation re-establishes a recently expired provision of eXiStinGI law that 2001.
permits conditional regulatory exemption from certification requirements imposed by the
State Department of Health Services on certain hazardous waste facility laboratories.
The measure also requires that a recyclable material that, is used or reused as an
ingredient to make a product or a substitute for a commercial product, not be a waste
water containing more than 75 parts per million total petroleum hydrocarbons.
Hazardous Waste. Mercury. SB 633 (Sher). Chapter 656, Statutes of 2001. This
legislation establishes the California Mercury Reduction Act of 2001, which bans the
manufacture, sale, or supply of mercury fever thermometers, bans the sale of novelty
items (i.e., toys, games, etc.) containing mercury, prohibits the purchase of specified
forms of mercury containing devices for K-12 schools, and enacts a number of other
provisions designed to reduce the amount of mercury released to the environment. It requires the Department of Toxic Substances Control to coordinate with local agencies,
associations representing motor vehicle repair shops, regarding the removal and
recycling of mercury containing light switches.
Toxic Mold. SB 732 (Ortii), Chapter 584, Statutes of 2001. This legislation enacts the
Toxic Mold Protection Act which is intended to protect the public from adverse health
effects related to the presence of molds in residential and commercial properties.
Hazardous Waste. Transportation. SB 271 (O’Connell), Chapter 319, Statutes of
2001. This legislation makes a number of changes to .existing law regarding the
transportation of hazardous materials and hazardous waste.
Controlled Substances. Unlawful Detainer. AB 815 (Havice), Chapter 431, Statutes
of 2001. This legislation reauthorizes, for three more years, a limited Los Angeles
Court’s pilot projects that allows public prosecutors to file unlawful detainer actions to
evict drug dealers and users from rental property. This program also allows law abiding
tenants to remain as tenants of the property. It requires a new judicial counsel report
and evaluation of the program.
Hazardous Waste. Aerosol Cans. SB 1158 (Knight), Chapter 450, Statutes of 2001.
This legislation allows the “universal waste” rule to apply to onsite treatment of aerosol
can hazardous waste.
Underground Storage Tank Clean Up Fund. AB 1465 (Nation), Chapter 154, Statutes
of 2001. This legislation is an omnibus bill that makes a number of technical and
clarifying changes to the underground storage tank laws and expands the universe of
petroleum underground storage tanks covered by the program.
Hazardous Materials. Administrative Orders. AB 711 (Committee on Environmental
Safety and Toxic Materials), Chapter 663, Statutes of 2001. This legislation makes a
number of technical and procedural changes to existing law regarding procedures for
conducting hearings for state and local agencies that enforce state and local hazardous
waste laws. The measure also makes changes to existing law regarding the disposition
of penalties collected from actions brought by local hazardous materials agencies and
state agencies for violations of state hazardous waste laws.
LCC Legislative Report - 1 l/01 38 Statutes of 2001 *
161. Pollution Control Authority. Funding.- AB 29 (Papan), Chapter 160, Statutes of
2001. Ummy. Existing taw author&s the Catiiia Pollution Control Financing
Authority to finance various pollution control projects to control and eliminate pollution
hazards in the environment. The law also authorizes the authority to provide a loan to
any city, county, or redevelopment agency and others to assist in financing the costs
relating to the clean up, remediation and development of brownfields sites. This
legislation corrects erroneous references in those provisions.
162. Residential Property. Notification of Hazardous Materials Contamination. SB 189
Q {Bowen), Chapter 466, Statutes of 2001. This measure requires any owner of
residential real property who knows that any release of an illegal controlled substance
has come to be located on or beneath that real property to give written notice of that
condition to a buyer. The legislation also requires an owner of a residential dwelling unit
who knows that such a release has come to be located on or beneath that dwelling unit ’
to give written notice to a prospective tenant prior to the execution of a rental agreement. The provisions of the measure sunset on January 1, 2004.
MISCELLANEOUS ENVIRONMENTAL
163.
164.
165.
166.
167.
Public Health. Fungal Contamination. AB 284 [Jackson), Chapter 550, Statutes of
This legislation requires the California Research Bureau in consultation with the 2001.
California Department of Health Services to perform a study of fungal contamination in
indoor environments and to organize meetings of a review panel to assist in the
preparation of appropriate content for the study.
Wildlife Conservation Easements. AB 910 (Wayne), Chapter 863, Statutes of 2001.
This legislation prohibits a governmental entity from condemning any wildlife
conservation easement acquired by a state agency except if it uses a specified
negotiations procedure outlined in the legislative text.
Environmental Justice. SB 828 (Alarcon), Chapter 765, Statutes of 2001. This
legislation requires the Secretary of the California Environmental Protection Agency to
convene the Environmental Justice Working Group on or before January 1, 2002. The
measure requires the working group to assist CalEPA in developing agency-wide
strategy to address environmental justice issues and to examine data, make
recommendations, and hold public meetings. The measure requires each board,
department and office within CalEPA to review its programs and identify gaps that may
impede achievement of environmental justice by December 31, 2003,
Sudden Oak Death. AB 62 (Minden). Chapter 513, Statutes of 2001. Umency. This
measure requires the Department of Forestry and Fire Protection to allocate funds to
develop and implement prescribed measures designed to prevent control and manage
the condition as “Sudden Oak Death” and to perform control work on public and private
lands where Sudden Oak Death is occurring.
Oak Woodlands. AB 242 (Thomson), Chapter 588, Statutes of 2001. This legislation
enacts the Oak Woodland Conservation Act to provide funding for the conservation and
protection of California’s oak woodlands. The measure requires each city and county
LCC Legislative Report - 1 l/01 39 Statutes of 2001
planning department that receives a grant from the newly created Oak Woodlands
Conservation Fund, to report to the city council or board of supervisors on the uses of
the funds within one year from the date that the grant is awarded.
VI. HOUSING FINANCE/HOUSING PROGRAMS, CODE ENFORCEMENT, GENERAL LAND
USE/PLANNING, LAFCO, COMMUNITY AND ECONOMIC DEVELOPMENT,
MOBILEHOMES, REDEVELOPMENT, CEQA
HOUSING FINANCE/HOUSING PROGRAMS
a 168.
’ 169.
170.
171.
172.
Tax Credits. Low-Income Housing. SB 73 (Dunn), Chapter 668. Statutes of 2001.
This measure increases the funding for the State Low-Income Housing Tax Umency.
Credit Program from $50 to $70 million annually. The measure also provides an annual
adjustment to the tax credit for inflation and requires the California Tax Credit Allocation
Committee to review and evaluate the geographic apportionment methodology of the
low-income housing tax credit program and report to the Legislature by June 30, 2002.
Jobs/Housing Balance Program. Discretionary Use of Awards. SB 784 Torlakson), Chapter 608. Statutes of 2001. This measure provides that the $100 million (reduced to
$60 million by the 2001-02 Budget) in awards to be granted to local governments under
the existing Jobs-Housing Balance Improvement Program, may be used for any project,
service, or other local need determined by the local jurisdiction to be in the community’s
best interest. Previously, the use of these awards had been restricted to local capital
improvement projects.
Downtown Rebound Program. AB 8 (Cedilla), Chapter 3, Statutes of 2001. Umency.
This measure increases the per-unit loan amount for the $19 million in loans authorized
by the Downtown Rebound program from $40,000 to $55,000 for low-income units, and
from $20,000 to $35,000 for other units. This measure also requires that the units be
located in elementary school areas in which at least fifty percent of the students qualify
for free meals at school.
California Housing Finance Agency. Revenue Bond Authority. AB 1044 (Mioden),
Chapter 202, Statutes of 2001. This measure increases the total amount of tax-exempt
revenue bonds that the California Housing Finance Agency may issue by a $2.2 billion;
increasing the total amount authorized to $11.15 billion.
HCD Predevelopment Loan Funds. Program Merger. AB 1359 (Lowenthal), Chapter
395, Statutes of 2001. This measure merges four predevelopment loan funds,
administered by the Department of Housing and Community Development (HCD), into
one program. Specifically, this legislation:
l Provides that funds remaining in the Rural Predevelopment Loan Fund, Preservation
Predevelopment Loan, Jobs-Housing Predevelopment Loan (available after June 30,
2002) and the Urban Predevelopment Loan Program shall be transferred into the
Predevelopment Loan Fund.
LCC Legislative Report - 1 l/O1 40 Statutes of 2001*
173.
+ Authorizes HCD to establish alternate project selection processes, requirements and
priorities for funds appropriated for special purposes, and provides that further
priority shall be given to applications that indude matching funds from tocat
redevelopment agencies or federal programs.
l Provides that HCD shall seek to ensure a reasonable geographic distribution of
funds, and that, in addition to public transit corridors, HCD shall give priority to
preservation and acquisition of existing government-assisted rental housing at risk of
conversion to market-rate.
l Deletes obsolete language and makes other clarifying amendments consistent with
the intent to merge these programs into a single Predevelopment Loan Program.
Student Housing. California Educational Facilities Authority. AB 1611 (Keelev),
Chapter 569, Statutes of 2001. This measure authorizes the California Educational
Facility Authority (CEFA) to enter into agreements with nonprofit entities to finance the
cost of constructing student, faculty, and staff housing near the campuses of the
University of California, the Hastings College of Law, the California State University, the
California Community Colleges, or a participating private college. This measure also
contained provisions that were double-joined with SB 1209 (Romero 2001 session);
which the Governor vetoed. The vetoed provisions contained in SB 1209 would have
also authorized the CEFA to award grants to private colleges for academic assistance to
high school pupils.
174. Federally-Subsidized Housing. Prepayment Notice Exemption. SB 429 (Soto),
Chapter 117, Statutes of 2001. Urqency. This measure creates an exemption from the
state’s notice requirements and sale restrictions on federally subsidized housing, when a
purchaser is seeking to acquire the property to ensure that it is preserved as affordable
housing in compliance with specified criteria.
175. Tax Credits. Residential Seismic Safety. AB 1118 (Corbett), Chapter 895, Statutes
of 2001. Existing law requires the Department of Insurance to establish a program for
residential grants and loans to help pay for the retrofitting of high-risk residential
dwellings owned or occupied by low- and moderate-income households, in order to -.
minimize the risk of earthquake damage to those dwellings and thereby reduce the
costs of residential earthquake insurance. This measure makes the funds in the
California Residential Earthquake Recovery Fund available for expenditure until
December 1, 2004, and appropriates the entire amount of funds not previously
appropriated from that fund, not to exceed $1,500,000, to the Department of Insurance
for purposes of the program.
176. La Posada Housing Project.’ Grant. SB 891 (Escutia), Chapter 743, Statutes of 2001.
This measure appropriates $100,000 (reduced from $250,000 by Governor) from the
General Fund to the Department of Parks and Recreation for allocation, as a grant to
the governing board of New Economics for Women, a Los Angeles-based non-profit, to
provide for the capital outlay needs of the La Posada Housing Project. In his veto letter
reducing the funding in the measure from $250,000 to $100,000, the Governor also
requested clean up legislation in 2002 to shift administration for this grant to the
Department of Housing and Community Development.
LCC Legislative Report - 1 l/O1 41 Statutes of 2001 *
177. Napa Valley. Vineyard Assessment for Farmworker Housing. AB 1550 Wiooinsk
Chapter 340, Statutes of 2001. This measure authorizes the County of Napa (County)
to create a county service area (CSA) for the purpose of levying an assessment of $10
per acre of planted vineyard for a period of five years. Specifically, this legislation: 1)
Allows the County to establish CSAs for the sole purpose of acquiring, constructing,
leasing, or maintaining farmworker housing, and allows the Napa County Board of
Supervisors (Board) to proceed with the election requirements necessary to establish a
CSA consisting of noncontiguous parcels of planted vineyard land; and b) Allows an
assessment created pursuant to this legislation to remain in effect for five years and to
be extended for an additional five years if agreed upon by two-thirds of the ballots, and
exempts a vineyard property owner from being assessed if that owner provides housing
for his or her own workers.
178. Farmworker Housing. AB 807 (Salinas), Chapter 555, Statutes of 2001. This
measure authorizes the Department of Housing and Community Development to make
grants and loans from the Joe Sema, Jr. Farmworker Housing Grant Fund to local public
entities and nonprofit corporations to establish capitalized operating reserves for short-
term occupancy housing for migrant farmworker households. This measure is double-
joined with AB 1160 (Florez, Chapter 593) to avoid chaptering-out problems.
179. Housing Programs. AB 1160 (Florez), Chapter 593, Statutes of 2001. An urgency
measure signed October 10,2001, this measure makes a number of changes to the Joe
Sema Jr. Farmworker Housing Grant Program, the Emergency Housing and Assistance
Program, the Office of Migrant Services Fund, and provisions relating to rental housing
notification requirements. More specifically, this legislation does the following:
1) Authorizes the existing Farmworker Housing Grant Program to make grants or issue
loans, or both, to local public entities, nonprofit corporations, and prescribed limited
partnerships for the construction, rehabilitation, or acquisition of housing for
agricultural employees and their families. The legislation also authorizes, upon the
request of a grantee, HCD to issue loans at no more than 3% simple interest,
whereby the principal and accumulated interest becomes due and payable upon
completion of the loan term.
2) Authorizes grant assistance provided in the Budget Act of 2001 for the existing
Emergency Housing and Assistance Program to also be used for capitat
development grants.
3) Requires that all moneys appropriated from HCD for the purpose of (1) contracting
with public and private entities to procure or construct housing or shelter, (2)
obtaining services for migratory agricultural workers in the fields of education and
sanitation, and (3) obtaining daycare services for the children of those workers, as
well as all moneys received by HCD from the occupants of housing or shelter
provided pursuant to these provisions, to be deposited within the Joe Sema, Jr.
Farm-worker Housing Grant Fund.
4) Exempts from existing law the requirement that a landlord must provide an
additional 30days’ notice (total of 60 days) if he/she increases rent in excess of
10% of the current rate, when the increase in rent is caused by a change in a
tenants income or family composition as determined by a recertification required by
statute or regulation.
This measure is double-joined to AB 807 (Salinas, Chapter 555).
LCC Legislative Report - 1 l/O1 42 Statutes of 2001
180. Predatory Lending. Loans Secured by Real Property. AB 489 (Miaden). Chapter
732, Statutes of ZOO?. This legislation regulates predatory’ tending practices where
loans of up to $250,000 are secured by real property. This comprehensive measure
defines, limits and prohibits various lending practices, provides remedies for the
aggrieved borrowers and sanctions and penalties for the offending lenders, and makes
legislative findings expressing the intent of the Legislature to improve consumer
protections against predatory lending practices.
181. Veterans’ Homes of California. SB 45 (Johannessen), Chapter 6, Statutes of 2001.
Umency. An urgency measure signed in May this legislation appropriates $1,778,000
from the State General Fund to the Department of Veterans Affairs, to fund the Veterans
Home of California, Barstow, for the remainder of the 2000-01 fiscal year, as specified.
CODE ENFORCEMENT
@ 182. Code Enforcement. Relocation/Receivership. AB 472 (Cedilla), Chapter 414,
Statutes of 2001.. In brief, this measure:
* Requires property owners whose tenants are displaced by code enforcement
activities to pay relocation benefits to their tenants within a specified time period.
Provides the authority for a local government to elect, at its own option, to advance
relocation benefits to displaced tenants and recover these funds from the property
owner as specified.
* Makes several changes related to the administration of property under receivership,
including (1) requiring receivers to notify the court when a property has serious
health and safety violations, (2) allotiing the court to consider options to assist the
receiver, or to expedite the foreclosure or terminate the receivership to put the
property back in the hands of someone who can be held responsible for its
maintenance, and (3) clarify that enforcement agencies, like tenants and tenant
organizations, mav ?ek the appointment of a receiver to carry out repairs as an
interim remedy’pnur to obtaining a judgment against the owner.
* Is double-joined to AB 1467 (Kehoe) to resolve chaptering conflicts.
183. Code Enforcement. Receivership/Substandard Housing. AB 1467 (Kehoe),
Chapter 594. Statutes of 2001. This measure allows a court to appoint a non-profit
organization or community development corporation as a receiver for a substandard
building, and allows a receiver, with court approval, to record a lien against the property
to recover the costs of any services performed as a receiver. This measure also
amends and extends an existing code enforcement process for vacant, substandard
single-family dwellings that is currently applicable to the City of Los Angeles to also
apply to the City of San Diego. This legislation is double-joined to AB 472 (Cedillo,
Chapter 414) to resolve chaptering conflicts.
184. Toxic Mold. Study. AB 284 (Jackson), Chapter 550, Statutes of 2001. This legislation requires the California Research Bureau to perform a study and publish
findings on fungal contamination affecting indoor environments. This work is to be done
LCC Legislative Report - 1 l/O1 43 Statutes of 2001
185.
186.
187.
188.
189.
in conjunction with the state Department of Health Services. This measure also creates
a review panel to assist in the preparation of appropriate content for the study. Finally,
this legislation requires the study to be submitted to the Legislature and the Director of
Health Services by January I, 2003.
Toxic Mold. Regulations. SB 732 (Ortii). Chapter 564, Statutes of 2001. Requires
the Department of Health Services’ (DHS) to convene a task force comprised of
specified individuals and organizations to advise the department on the feasibility of
developing permissible exposure limits to mold, standards for assessment of molds in
indoor environments as well as alternative standards for hospitals, child care facilities,
and nursing homes, standards for identification, and remediation of mold. If the
department’ determines that it is feasible to develop indoor standards for mold, then
DHS is required to adopt standards that avoid adverse affects on health, as specified.
The task force is required to report to the Legislature on its progress on these activities.
by July 1, 2003. Contingent upon the adoption of standards by the department, and
following six months of the effective date of the standards, various disclosure obligations
will be required of both property owners and tenants, however, DHS is prohibited from
requiring air and surface testing by residential and commercial property owners. Other
provisions in the legislation provide guidance on enforcement by applicable state and
local public agencies.
Home Purchase inspections/New Subdivisions. AB 452 (Correa). Chapter 307,
Statutes of 2001. This measure requires, when the Real Estate Commissioner issues
the subdivider a public report authorizing the sale or lease of residential lots or parcels,
that the report shall disclose that a prospective buyer has the right to negotiate with the
seller to permit inspections of the property by the buyer, or the buyer’s designee, under
terms mutually acceptable to the prospective buyer and seller.
Building Standards. Marinas. SB 197 (Chesbro), Chapter 360, Statutes of 2001.
This measure requires each marina that is developed or improved with funds loaned by
the Department of Boating and Waterways, on or after January I, 2002, to have all of its
electrical systems that extend into or over water inspected biennially, during the term of
the loan by a licensed electrical contractor or electrical engineer. The legislation also
requires marinas to comply with all of the California Electrical Code provisions in effect
at the time that the marina is developed. If the marina is improved with a loan from the
department, the areas of the marina in which electrical improvements were made must
comply with the California Electrical Code in effect at the time of the improvement.
Fire Safety. Roof Covering Materials. AB 326 (Dutra), Chapter 244, Statutes of
2001. This measure requires that, on July I, 2002, all wood roofing materials sold and
applied in the state be approved and listed by the State Fire Marshall as complying with
the requirement that the IO-year natural weathering test will be conducted in
accordance with standard 15-2 of the 1994 edition of the Uniform Building Code, at a
testing facility recognized by the State Fire Marshal.
State Energy Commission. Building Standards. AB 549 (Longville), Chapter 905,
Statutes of 2001. This measure requires the California Energy Commission to
investigate options and develop a plan to decrease wasteful peak load energy
consumption in existing residential and nonresidential buildings. The legislation requires
LCC Legislative Report - 1 l/O1 44 Statutes of 2001
the commission to use existing funds to investigate those options and develop a plan
and to report its findings to the Legislature on or before January I, 2004. This measure
also requires electric and gas utilities to provide support for building standards in
consultation with the commission, to the extent that funds are made available to the
utilities for that purpose.
190. Multi-Unit Manufactured Housing. Construction Standards. ,’ AB 1318 (Correa),
Chapter 356, Statutes of 2001. This measure would require multi-unit manufactured
housing to meet specified egress and fire separation requirements applicable to
dormitories, hotels, apartment houses and structures that contain ’ two dwelling units
when the multi-unit manufactured housing is constructed for those purposes. It would
require multi-unit manufactured housing containing three or more dwelling units to meet
specified accessibility and adaptability requirements applicable to dormitories, hotels,
and apartment houses, and makes other related changes.
191. Substandard Residential Rental Property. Owner Registration. AB 1112
(Goldberg), Chapter 487, Statutes of 2001. This legislation creates a five-year pilot
program for a landlord registry in Los Angeles County, for property owners of multifamily
housing, whose property is deemed substandard or untenable. Further, the measure
requires that a report be submitted to the Legislature.
192. Building Standards. Oakland Army Base. AB 967 (Ghan), Chapter 418, Statutes of
This measure allows buildings on the Oakland Army Base that did not transfer. 2001.
from the federal government until after the January 1, 2002 deadline for adopting a
graduated compliance plan, to be included in the exemption for compliance with state
and local building standards until the January I, 2007 deadline.
GENERAL LAND USE PLANNING/ZONING
l 193. Subdivision Map Act. Lot Line Adjustments. SB 497 (Sher), Chapter 873, Statutes
of 2001. This measure closes a legal loophole in provisions of the Subdivision Map Act
(Map Act) concerning lot line adjustments and certificates of compliance. In brief, this
legislation does the following:
l Previous to this measure being enacted, the law permitted the lot line adjustment
process to be used for “two or more” parcels; this measure caps that loophole by
limiting the provision to “four or fewer” parcels.
* The Map Act requires a local agency to issue a certificate of compliance or a
conditional certificate of compliance if it determines that real property does not
comply with the act or local ordinances enacted pursuant to the act. This measure
eliminates the provision for issuance of a certificate of compliance and requires the
issuance of a conditional certificate of compliance in those instances.
* In addition, this measure repeals the requirement that a subdivision must contain
200 or more parcels before local governments may require the subdivider to
dedicate land for bicycle paths and transit facilities, and makes technical changes.
LCC Legislative Report - 1 l/O1 45 Statutes of 2001 ’
d ,
c! df+
194. School Siting. Land Use Planning. AB 1367 Ninains), Chapter 396, Statutes of
3 2001. This measure improves the planning Felationship between school districts and
cities and counties regarding school sites. SpecificaNy, this legislation:
* Requires a school district to notify the planning agency of the city or county when a
school district is preparing a school facility needs analysis, a master plan, or other
long range plans for school sites at least 45 days prior to adoption of the final
document.
* Authorizes either the planning agency or the school district to request a meeting to
discuss planning issues. If either the school district or the city or county requests a
meeting, the parties must meet within 15 days to review and consider such issues
as: coordinating school sites with city or county plans and public works; options for
new sites within city or county plans and planned developments; safe travel to and
from schools; coordinating school sites with other community facilities; opportunities
for the city or county to help pay for school sites; and, coordinating school sites with
local parks and recreation programs.
* Requires a district to comply with the legislation’s expanded meeting and expanded
notice requirements, prior to being able to exercise their existing authority to
override a city or county zoning ordinance with a two-thirds vote.
195. MultiFamily Housing. Interim Ordinances. SB 1098 (Alarcon), Chapter 939, Statutes
of 2001. This measure limits the ability of local governments to adopt interim
ordinances and moratorium when the ordinance affects multifamily housing in any way,
unless the local government makes an onerous, and prohibitive finding based upon
substantial evidence in the record. More specifically, this legislation:
l Applies the entire interim ordinance law to’charter cities, thereby subjecting charter
cities to the statutory process, timelines, and procedures in state statute regulating
the adoption of interim ordinances and moratoriums.
* Requires any interim ordinance that has the effect of denying approvals needed for
the development of projects with a significant component of multifamily housing
(defined as 30 percent of total square footage of the project) may not be extended
(past the initial 45day period) except upon written findings adopted by the legislative
body, supported by substantial evidence on the record, that all of the following
conditions exist:
a. The continued approval of the development of multifamily housing projects would
have a specific, adverse impact upon the public health or safety. A “specific,
adverse impact” is defined as a “significant, quantifiable, direct, and unavoidable
impact, based on objective, identified written public. health or safety standards,
policies, or conditions as they existed on the date that the ordinance is adopted
by the legislative body. n
b. The interim ordinance’ is necessary to mitigate or avoid the specific, adverse
impact.
c. There is no feasible alternative to satisfactorily mitigate or avoid the specific,
adverse impact as well or better, with a less burdensome or restrictive effect,
than the adoption of the proposed interim ordinance.
LCC Legislative Report - 1 l/O1 46 Statutes of 2001
l * Exempts from the definition of the term “development of multifamily housing
projects” the demolition, conversion, redevelopment, or rehabilitation of multifamily
housing that is affordable to tower income households, as defined, or that will result
in an increase in the price or reduction of the number of affordable units in a
multifamily housing project.
o 196. Anti-Nimby Law. Attorneys Fees For Developers. AB 369 (Dutra), Chapter 237,
Statutes of 2001. This measure requires a court to award attorney’s fees and costs to
housing developers with projects designed for households up to 150 percent of median
income, when the court finds that a local agency has inadequately supported either the
denial of the project or conditions imposed which make a development infeasible with
substantial evidence in the record. The awarding of fees and costs can only be avoided
if the judge can cite undefined “extraordinary circumstances.” Presumably, the only
developers eligible under this provision are those who fail to qualify for attorney’s fees
under the existing three-part “private attorney general” test under Section 1021.5 of the
Code of Civil Procedure
0 197. Water Supply Planning. Environmental Documents. SB 610 (Costa), Chapter 643,
Statutes of 2001. This measure requires public water systems to prepare water supply
assessments for any large-scale development projects of area-wide and regional
significance, as defined, and requires that additional information be included in any
relevant environmental documents prepared by the local jurisdiction. In addition the
measure makes numerous changes to urban water management plans, and other
related changes. Specifically, this legislation:
Completion of Assessment:
Requires the water supply assessment to be prepared within 90 days, with a
potential for a 30day extension, and provides that if a public water system fails
complete the assessment that a city or county may seek a writ of mandamus to
compel the submission of the water supply assessment.
Requires a water system with fewer than 5,000 connections to prepare a water
supply assessment if any proposed development would account for an increase of
10% or more in the number of its connections.
Requires, if the city or county is unable to identify a water system that may supply
the project, that the city or county prepare the water assessment after consulting
with the local agency formation commission and any adjacent water system.
Requires the assessment to contain certain specified information.
Requires, if the projected water demand of the project was not described in the most
recently adopted urban water management plan (UWMP), or the water system has
no UWMP, or a city or county is required to comply, that the water supply
assessment for the project include a discussion with regard to the water system’s
total projected water supplies available during various water year types will meet the
projected water demand of the proposed project in addition to existing and planned
future uses.
Specifies that if a project has been the subject of a water supply assessment in
compliance with the requirements of the legislation that no additional analysis shall
be required unless certain specified changes occur.
LCC Legislative Report - 1 l/O1 47 Statutes of 2001
* * Provides that an existing program approved by the voters in San Diego County shall
be deemed in compliance if the Ofke of Planning and Research (OPR) determines
that certain conditions have been met.
Changes Affecting Urban Water Management Plans:
l Requires that if groundwater is identified as an existing or planned source of water
available to the supplier that certain additional specified information be included in
the UWMP.
* Requires UWMPs to include an identification of any existing water supply
entitlements, water rights, or water service contracts held relevant to the water
supply for the proposed project, and a description of water deliveries received in
prior years. Specifies that the identification of existing water supply entitlements,
water rights, or water service contracts held shall be demonstrated by providing
certain specified information.
* Specifies that an urban water supplier that does not submit its UWMP to Department
of Water Resources (DWR) is ineligible to receive funding from specified bond
funds. Requires DWR to take into consideration whether the urban water supplier
has submitted an updated UWMP when determining whether the supplier is eligible
for various funds.
l 198. Water Supply Planning. Water Quality. AB 901 (Daucher), Chapter ,644 Statutes of
2001. This measure requires a urban water management plan to include information, to
the extent practicable, relating to the quality of existing sources of water available to an
urban water supplier over given time periods, and the manner in which water quality
affects water management strategies and supply reliability. Further, this legislation
requires a plan to describe plans to supplement a water source that may not be
available at a consistent level of use, to the extent practicable, and makes additional
findings and declarations relating to water quality. This measure is double-joined to SB
610 (Costa, Chapter 643) to avoid chaptering out problems.
& 199. Subdivision Maps. Water Supplies. SB 221 (Kuehl), Chapter 642. Statutes of 2001.
This measure is designed to strengthen the water supply planning process by requiring
that a “sufficient water supply” be included as a condition of a tentative subdivision map
for housing developments of more’ than 500 units, or where the subdivision would
increase the customers of small water suppliers (5,000 or less) by more than 10
percent. The measure contains a specific exemption for “infill” housing. More
specifically, this legislation:
1) Requires a planning agency, not later than five days after a has determined that a
tentative map application for a proposed subdivision subject to this legislation is
complete, to send a copy of the application to any water supplier that is, or may
become, a public water system that may supply water for the subdivision.
2) Prohibits a development agreement that includes a subdivision, as defined, from
being approved unless the agreement provides that any tentative map prepared for
the subdivision will comply with the criteria specified in this measure.
3) Requires that proof of availability of a sufficient water supply, as defined, shall be
based on the written veriication based upon substantial evidence from the
applicable water supplier, and that such verification is to be provided within 90 days
LCC Legislative Report - 1 l/O1 48 Statutes of 2001 -
4)
5)
6)
7)
8)
9)
of a request. The measure also requires the findings to be on the record and
supported by substantial evidence.
Providesthatatocatagemzyaranyotherinte=ted partymayseekawritof
mandamus if the water supplier fails to provide the written verification required.
Specifies that if the written verification indicates there is not a sufficient water supply
that will meet the reasonable needs of the proposed subdivision, that the local
agency may make a finding that additional water supplies not accounted for in the
written verification are or will be available prior to completion of the project.
Requires, when written verification relies on obtaining projected water supplies, that
the verification be based on certain specified information to the extent each is
applicable.
Provides that if there is no water supplier, that the local agency shall make a written
finding of sufficient water supply based on evidentiary requirements, and further
provides that the local agency may work in conjunction with the project applicant and
the public water system to secure sufficient water supplies.
Defines “sufficient water supply” as: “the total water supplies available during
normal, single-dry, and multiple-dry years within a 20-year projection that will meet
the projected demand associated with the proposed subdivision, in addition to
existing and planned future uses, including, but not limited to, agricultural and
industrial uses. n
Requires the public water system’s written verification of its ability or inability to
provide a sufficient water supply that will meet the projected demand associated with
the proposed subdivision shall be supported by substantial evidence. The
substantial evidence may include, but is not limited to, any of the following:
a. The public water system’s most recently adopted urban water management plan.
b. A water supply assessment that was completed in conjunction with
environmental documents pursuant to Part 2.10 (commencing with Section
10910) of Division 6 of the Water Code.
c. Other information relating to the sufficiency of the water supply that contains
analytical information that is substantially similar to the assessment required by
Section 10635 of the Water Code.
10) Requires all of the following factors to be considered when determining “sufficient
water supply:”
a) The availability of water supplies over a historical record of at least 20 years.
b) The applicability of an urban water shortage contingency analysis that includes
actions to be undertaken by the public water system in response to water supply
shortages.
c) The reduction in water supply allocated to a specific water use sector pursuant to
a resolution or ordinance adopted, or a contract entered into, by the public water
system, as long as that resolution, ordinance, or contract does not conflict with
current law.
d) The amount of water that the water supplier can reasonably rely on receiving
from other water supply projects, such as conjunctive use, reclaimed water,
water conservation, and water transfer, including programs identified under
federal, state, and local water initiatives such as CALFED and Colorado River
tentative agreements.
11) Requires, where a water supply for a proposed subdivision includes groundwater,
that the public water system shall evaluate, based on substantial evidence, the
extent to which it or the landowner has the right to extract the additional groundwater
LCC Legislative Report - 1 l/O1 49 Statutes of 2001
. ,r. ’ 200.8 / L
needed to supply the proposed subdivision. The legislation also states that nothing
in the subdivision is intended to modify state law with regard to groundwater rights.
t2) Provides that the written verification shall in&de a description, to the extent data is
reasonably available, of the reasonably foreseeable impacts of the proposed
subdivision on the availability of water resources for agricultural and industrial uses
within the public water systems service area that are not currently receiving water
from the public water system but are utilizing the same sources of water.
13) Provides that any action challenging the sufficiency of the public water system’s
written verification shall commence within 90 days after the date of such a decision.
14) Provides that the County of San Diego is deemed to comply with this legislation if
the Office of Planning and Research determines that specified conditions are met.
Wind Turbines. Local Ordinances/Non-Urbanized Areas. AB 1207 (Lonnville),
Chapter 562, Statutes of 2001. This measure requires cities and counties to adopt
ordinances, containing certain minimum criteria, to address siting issues for “small wind
energy systems” in non-urbanized areas by July 1, 2002. Those jurisdictions that fail to
adopt such an ordinance prior to that date, must approve siting applications for “small
wind energy systems” as a “use by right,” if the application meets specified statutory
criteria. This legislation includes a sunset clause, making its provision inoperative on
July ?, 2005 and repealing them as of January 1, 2006. Specifically, this measure does
the following:
1) Makes findings and declarations concerning the role and potential of wind energy,
and small wind energy systems, and applies the legislation to all local agencies,
including, but not limited to, charter cities, charter counties, and charter cities and
counties.
2) Defines “small wind energy system” as a wind energy conversion system with a
rated capacity not exceeding the allowable capacity under the Emerging
Renewables Fund (Fund) of the Renewables Investment Plan administered by the
California Energy Commission (CEC) that is used primarily to reduce onsite
consumption of utility power.
3) Authorizes the local agency to impose conditions on the installation of small wind
energy systems that include, but are not limited to, notice, tower -height, setback,
view protection, aesthetics, aviation, and design safety requirements.
4) Prohibits local agencies from imposing conditions that are more restrictive than the
following:
a. Notice to property owners within 300 feet of the property where the system will
be located;
b. Tower heights for parcels of between one acre and five acres shall be no more
than 65 feet, and tower height for parcels for more than five acres shall be no
more than 80 feet;
c. Setbacks shall be no farther from the property line than the height of the system,
provided that there is compliance with applicable fire setback requirements;
d. Noise levels for the system shall be no greater than either 60 decibels or any
existing maximum noise levels in the general plan, whichever is lower;
e. The application shall include standard drawings and an engineering analysis of
the tower showing compliance with the Uniform Building Code (UBC) or the
California Building Standards Code (BSC), and certification by a licensed
professional mechanical, structural, or civil engineer;
LCC Legislative Report - 1 l/O1 50 Statutes of 2001.
f. The application must demonstrate that the system is designed to meet the most
stringent wind requirements, and the requirements for the worst seismic class
and the weakest soil class; g. The system shall comply with all applicable Federal Aeronautics Administration
(FAA) standards; and, h. The application must include a line drawing of the electrical components that
show conformity with the National Electric Code.
5) Authorizes the applicable local agency to require the applicant to demonstrate that
the system will be used primarily to reduce onsite consumption of utility power, and
requires the applicant to inform the local electric utility service provider of intent to
install the system.
6) Prohibits allowing a system to be installed where otherwise prohibited by a local
coastal. program, the California Coastal Commission, the Tahoe Regional Planning
Agency (TRPA), the San Francisco Bay Conservation and Development
Commission (BCDC), an airport land use commission, the Alquist-Priolo Earthquake
Fault Zoning Act (Zoning Act), a designated scenic highway corridor, or the terms of
a conservation easement, open-space easement, agricultural easement, Williamson
Act contract or by listing in the National Register of Historic Places (NRHP) or the
California Register of Historical Resources (CRHR).
7) Requires the local agency to take reasonable steps to notify pest control aircraft
pilots if a system is proposed in an agricultural area.
8) Authorizes a local agency to provide notice of a proposed system installation in a
general circulation newspaper if the agency deems it necessary.
9) Authorizes any local agency that has not passed an ordinance providing for the
installation of small wind energy systems by July 1, 2002, to pass such an ordinance
at a later date, but require the local agency to approve any application received
between July 1, 2002, and the adopted date of the ordinance.
b 201. Planning and Zoning. SB 520 (Chesbro), Chapter 671, Statutes .of 2001. This
measure makes the following changes to housing element law relating to persons with
disabilities:
* Adds “familial status and disability” to the list of prohibited discrimination by a local
government entity if it results in denial or hindrance of access to housing.
l Adds “persons with disabilities” to the requirement of an analysis of special needs
housing as required by housing element law.
l Adds “familial status” and “disability” to the groups for which housing opportunities
shall be promoted by the local housing element.
l Requires the housing element to address and seek to remove constraints to the
development of housing for all income levels and housing for persons with
disabilities.
l Provides that the local program shall remove constraints or provide reasonable
accommodations for housing for persons with disabilities.
l States legislative intent that this act only clarifies existing state requirements.
Implementation Issues Involving SB 520: How the provisions of this measure are
interpreted by the Department of Housing and Community Development will be critical in
determining the ultimate effect of this legislation. Under one scenario, not much will change; under another, the changes could have significant ramifications on local
LCC Legislative Report - 1 l/O1 51 Statutes of 2001 *
202.
203.
government. In requesting a veto on this measure, the League raised the following
issues with this measure:
Scope of the Required Analvsis: “Persons with disabilities” covers an extremely broad
range of issues from building standards, group homes, sober living and drug
rehabilitation facilities. Without better definition as to what scope of analysis is
expected, this requirement could become extremely confusing and costly to local
governments.
Costs for preparing the additional analysis. Housing element preparation is already a
complicated and costly process for local governments. Absent defined parameters, the
costs of an additional level of analysis will certainly increase the costs of preparing a
housing element.
State mandate. Although language added to the measure states that the measure is
only intended to ‘clarify” existing state requirements and not establish additional state
mandates, some language in the legislation clearly conflicts with this statement.
Specific language in this measure states “The program &&/I remove constraints to, or
provide reasonable accommodations for housing designed for, intended for occupancy
by, or with supportive services for, persons with disabilities.” This appears to be a direct
mandate for specific actions by local government. Which “constraints” shall be
removed? What specific accommodations shall be provided? Who pays for the costs of
these actions?
HCD plan reviewers should not assume role of state and federal iudiciarv. An additional
significant concern is what affect this analysis will play in HCD’s ultimate approval or
disapproval of a jurisdiction’s housing element. Issues such as local regulation of group
homes and sober living homes are highly controversial, involving legal interpretations of
both state and federal law. Disputes involving the applicable state and federal laws are
appropriately settled in the courts, and the case law in the area is still evolving. In its
veto request letter, the League expressed concern that disabled rights groups will
attempt to inject legal disputes over the state and federal law into the housing element
review process, which would inappropriately place state plan reviewers at the
Department of Housing in the role of deciding issues of law which belong before a court.’
Housing Elements. Extension of Deadlines. SB 932 (McPherson), Chapter 85,
Statutes of 2001. Umency. This measure gives local governments within Association of
Monterey Bay Area Governments (AMBAG) region an extra six months to complete the
third revision of their housing elements. The current deadline of June 30, 2002, has
been extended to December 31, 2002. The legislation also extends by six months the
deadline for all local governments not otherwise specified in statute to update their
housing elements from June 30,2003, to December 31, 2003.
General Plan Guidelines. Environmental Justice/Transit Oriented Development.
AB 1553 (Keeley). Chapter 762, Statutes of 2001. This measure requires the Office of
Planning and Research, on or before January 1, 2003, to adopt advisory guidelines for
addressing specified environmental justice matters related to the siting of industrial
facilities in city and county general plans. In addition, the measure requires OPR to
develop guidelines on transit-oriented development, as well as to propose methods of
LCC Legislative Report - 1 l/01 52 Statutes of 2001
promoting the equitable distribution of new public facilities within communities. The
legislation specifies that the guidelines shall be advisory to each city and county in order
to provide assistance in preparing and maintaining theiinzspective generat plans.
204. San Diego County Regional Aiiport Authority. AB 93 (Wavne), Chapter 946,
Statutes of 2001. This measure creates the San Diego Regional Airport Authority
(SDRAA), as specified, and grants it exclusive responsibility within San Diego County to
study and plan any improvements, expansion, ‘or enhancements affecting the County’s
regional airport system, and to commission studies providing information concerning a
future airport. The legislation details the selection process for the board of directors of
the SDRAA, which will include city officials selected in a specified fashion.
205. Conservation Easements. County Records. AB 1011 (Pavlev), Chapter 819,
Statutes of 2001. This measure requires the county recorder in each county to develop
and maintain, within the existing indexing system, a comprehensive index of
conservation easements and Notice of Conservation Easements on land within that
county, as specified.
206. LAMTA. Outdoor Advertising Displays. SB 919 (Polanco), Chapter 928, Statutes of
2001 This measure prohibits any outdoor advertising display that exceeds 10 feet in
either length Dr width, being built upon land or rights-of-way owned by the Los Angeles
Metropolitan Transportation Authority unless the display complies with the Outdoor
Advertising Act, the federal Highway -Beautification Act, and local provisions. This
legislation also prohibits the authority from disregarding or preempting any law,
ordinance, or regulation of any city, county, or other local agency involving any outdoor
advertising display.
207. Oakland Coliseum. Outdoor Advertising Displays. SB 190 (Perata), Chapter 54,
Statutes of 2001. An urgency measure signed in July, this measure exempts, from the
prohibition against placing advertising displays adjacent to landscaped freeways, up to
five advertising structures or signs (billboards) used to support the Oakland-Alameda
County Coliseum Complex. The measure also requires the State Department of
Transportation, updn receiving a written request to erect certain displays, to promptly
request and seek the approval of the Federal Highway Administration and, upon receipt
of that authorization, the legislation allows for the displays to be erected.
O- 2ojs. Local Government Omnibus Act of 2001. SB 210 (Senate Local Government
F Committee), Chapter 176, Statutes of 2001. This is the Senate Local Government
y Committee’s omnibus measure, which makes technical, nonsubstantive changes to
LJ 1 current laws affecting local agencies powers and duties, as well as the state statutes on
land use and redevelopment. City land use and planning issue changes include:
1) Recordina subdivision corrections. After a final subdivision map or parcel map is
approved, the county surveyor or city engineer files the map with the county
recorder. If errors are discovered, a certificate of correction or an amending map
may amend a recorded map. A registered civil engineer or licensed land surveyor
prepares the certificate of correction or amending map. After the county surveyor or
city engineer certifies the amending map or certificate of correction, the document
must be filed with the county recorder. Except as provided by statute, a county
recorder must have an acknowledgment before recording documents. State law lists
LCC Legislative Report - 1 l/O1 53 Statutes of 2001
eight documents that can be recorded without acknowledgment. This measure adds
certificates of correction to the list of documents that a county recorder can record
without further pmf.
2) Williamson Act exception. To expedite the permits for Enron Corporation’s proposed
Pastoria Energy Facility in Kern County, the Legislature adopted urgency legislation
(AB 2698, Florez, 2000), reducing the deadline for suing over a Williamson Act
contract cancellation from 180 days to 60 days. This shorter deadline lasts until
December 31, 2001, This measure repeals the exception for suing over Williamson
Act contract cancellations, once that provision becomes obsolete.
3) Special districts and police services. Cities provide law enforcement within city limits
and county sheriffs have that duty for unincorporated territory. In a few
circumstances, however, the Legislature has allowed special districts to supplement
or even supplant police services normally provided by counties. Because only a few
districts provide law enforcement services, legislators often forget them when writing-
laws that affect the finances of police services. This measure places a reminder in
the codes that special districts provide law enforcement services and state the
Legislature’s intent in enacting laws that attempt to encourage proportional funding
equity among all local law enforcement agencies.
4) Detachments from the Broadmoor Police Protection District. The Broadmoor Police
Protection District serves an unincorporated area in northern San Mateo County. If
the San Mateo Local Agency Fomration Commission approves the detachment of
territory from the Broadmoor Police Protection District, the Districts board of
commissioners can adopt a resolution declaring that the detachment will adversely
affect its ability to serve the rest of the District. If the commissioners adopt that
resolution, the boundary change requires majority voter approval within the District.
The Legislature originally passed this special legislation in 1991 but it automatically
terminated on January 1, 1996. In 1996, the Legislature passed SB 862 (Kopp),
extending Broadmoor’s special provision, and sunsetting it on January 1, 2002. This
legislation extends the sunset date for Broadmoor Police Protection District’s special
detachment provisions from January I,2002 to January 1,2004.
5) Map Act exemption for novemment leases. The Subdivision Map Act requires city or
county approval before owners can divide their land for sale, lease, or financing.
The Map Act exempts certain types of subdivisions from its requirements, including
the conveyance of land to a government agency. In 1994 the Legislature listed the
types of public agency conveyances that are exempt: fee interests, easements, and
licenses. This measure adds leasehold interests to the list of government agency
land conveyances that are exempt from the Subdivision Map Act.
6) Subdivision identification numbers. To advance the goal of consumer protection, the
Subdivision Map Act requires cities and counties to follow a standard format for final
maps and parcel maps. The Map Act requires county surveyors to maintain a
geographic index of final maps, amended maps, certificates of correction, and
records of survey. County officials report that it’s a common practice to issue an
identification number for each subdivision, allowing public officials and others to
track the subdivision through official records. State law, however, does not explicitly
require county and city officials to assign a number to each subdivision. This
measure requires cities and counties to place an abbreviated description and assign
a subdivision number on each final map and parcel map.
7) Final map statements. The Subdivision Map Act spells out the required format of
parcel maps and final maps. For a parcel map, the engineer or surveyor must place
LCC Legislative Report - 1 l/O1 54 Statutes of 2001
a signed statement on the map declaring that the map conforms to state and local
requirements and substantially conforms to the approved map. The recorder must
add a certificate or statement regarding when and where the map was Wed. The
Map Act implies that a final map carries the same information but the statute does
not explicitly require those statements. This measure requires the engineer or
surveyor and the recorder to place statements of conformity on final maps. 8) Map Act dates. Under the Subdivision Map Act, the engineer or surveyor must place
a signed statement on the map declaring that the map conforms to state and local
requirements and substantially conforms to the approved map. The recorder must
add a certificate or statement regarding when and where the map was filed. The
recorder’s certificate calls for a date in the 20th Century, “19-‘I. A Since it is now
the 21st Century, this measure revises the date to “20-.‘I
9) Uniform Public Construction Cost Accounting Act adiustments. The Uniform Public
Construction Cost Accounting Act sets thresholds that determine when local
agencies must use formal bidding procedures or when they can use informal bidding
procedures. The current statutory threshold is $75,000. If all informal bids come in
higher than the $75,000 threshold, the Act allows local agencies to award contracts
at $80,000 or less. This measure raises the threshold for local agencies’ formal bids
under the Uniform Public Construction Cost Accounting Act from $75,000 to
$100,000, and increases the corresponding threshold for awarding contracts to
lowest responsible bidders from $80,000 to $110,000.
LAFCO
209. Local Agency Formation. Cleanup of AB 2838 of Statues of 2000. AB 720
[Assemblv Local Government Committee), Chapter 388, Statutes of 2001. Last year,
AB 2838, the Cortese-Knox-Hertzberg Local Government Reorganization Act was
enacted, revising the powers and duties of local agency formation commissions
(lAFCOs), and the boundary laws affecting cities and special districts. At 138 pages,
The Act, although carefully reviewed, contained a number of technical errors. This
legislation contains the clean-up language to the act, and makes numerous technical
changes the law. It is also double-joined to AB 1496 (Cox, Chapter 530). Significant
changes include:
Individual notices: The act requires the LAFCO to send hearing notices to every
member of the board of every affected agency. This measure limits the notice to just
one copy to each legislative body.
Public notice: The act requires the lAFC0 to send public notices about proposed
boundary changes to property owners as shown on assessment roll being prepared
when the application resolution was adopted. This measure applies the same
requirement to the assessment roll being prepared when the LAFCO accepted an
application petition.
Per Diem: Before AB 2838, county governments paid for the lAFCOs’ budgets, and the
county supervisors could set the LAFCO members’ per diem. The act now requires the
county government, the cities, and the special districts to share in the LAFCOs, budgets;
but the county supervisors still set the per diem. This measure allows the LAFCO
members to set their own per diem.
Hearino notices: (a) The act requires the LAFCO to ser
owners 20 days before a hearing but another section
legislation changes the notice period from 20 days to 2
LCC Legislative Report - 1 l/O1 55
7d notices to voters and property
of law requires 21 days. This
1 days. (b) The act requires the
Statutes of 2001
lJ#CO to send certain notices to owners of property within 300 feet of the property that
is the subject of a boundary change. This measure requires the IA&O tn alsO send
the notice to the owners of the subject property.
Written protest: The act allows the lAFC0 to expedite city and district annexations and
detachments of inhabited territory if the LAFCO notifies the property owners and voters
in the subject area, and no one objects. This measure requires any protests to be in
writing and received before the LAFCO’s meeting ends.
Protest petitions: The act requires the LAFCo’s executive officer to have the county
elections official review the protest petitions from registered voters. This measure
requires the executive officer to have the county assessor review the protest petitions
from landowners.
District annexations: The act allows any “affected district” (any district that contains the
affected territory) to terminate a proposed annexation, not just the district to which the
annexation is proposed. This measure clarifies that only the district to which the
annexation is proposed can terminate a proposed annexation.
Annexation of distinct communities: The act requires the lAFC0 to count protests
separately if a proposed annexation involves two or more distinct communities. This
measure requires separate counting only if the distinct communities are not contiguous
to one another.
Proposals for dissolution of special districts: The act requires, for any proposal for the
dissolution-of one or more districts and the annexation of all or substantially all of their
territory to another district, the commission to forward the change of organization or
reorganization for confirmation by the voters if the commission finds either of the
following: (1) In the case of inhabited territory, that a petition requesting that the
proposal be submitted to confirmation by the voters has been signed by either: (a) at
least 25 percent of the number of landowners within any affected district within the
affected territory who own at least 25 percent of the assessed value of land within the
territory, or; (b) at least 25 percent of the voters entitled to vote as a result of residing
within, or owning land within, any affected district within the affected territory. (2) In the
case of a landowner-voter district, that the territory is uninhabited and a petition
requesting that the proposal be submitted to confirmation by the voters has been signed
by at least 25 percent of the number of landowners within the territory of that district. If
a petition that meets the requirements of this section has been filed, the commission
shall approve the proposal subject to confirmation by the voters of each district that has
filed such a petition. The voter requirements set forth above shall not apply to any
proposal where each affected district has consented to the proposal by a resolution
adopted by a majority vote of its board of directors.
210. Local Agency Formation. AB 948 (Kellev), Chapter 667, Statutes of 2001. This
measure makes numerous changes, both technical and substantive, to statutes relating
to local agency formation commissions regarding special districts. The substantive
changes are as follows:
a. Allows special districts to apply to a LAFCO to provide new or different services than
the special district currently provides. The district must hold a public hearing and
provide information including the total estimated cost of the new service, the cost to
district customers, and a plan for financing the new service.
b. Limits a LAFCO’s authority to adopt, amend, or repeal special district regulations to
allow the LAFCO to repeal the regulations, but not to adopt or amend special district
regulations.
LCC Legislative Report - 1 l/O1 56 Statutes of 2001
c. * LAFCOs would be limited to determining the priority of water use or certain water
rights in public facilities to situations where ’ these uses or rights have not been
specified by the courts or the State Water Resources Control Board.
d. Requires LAFCOs to determine the number of landowners and the assessed value
of the land in a proposed landowner-voter special district, where currently LAFCOs
must only determine the number of voters in a new city or district.
e. Prohibits LAFCOs from adding or deleting special districts in a proposed
reorganization or consolidation unless the district that applied for these changes
agrees.
This measure is double-joined with AB 720 (Assembly Local Government Committee,
Chapter 388) to avoid chaptering out problems.
211. Incorporation. AB 1495 (Cox), Chapter 530, Statutes of 2001. After making legislative
declarations, this measure makes the following changes affecting the fiscal analysis and
processing of incorporating proposals:
1) Requires the LAFCo’s executive officer to include in the fiscal analysis of an
incorporation proposal all direct and indirect costs of existing services in the
incorporation area, including general fund subsidies to fee supported services when
estimating service costs. This measure also requires LAFCO to calculate the
proposed city% service costs by comparing them with the service costs in similar
cities, and requires lAFC0 to identify the direct and indirect costs of services that
the new city will assume from state agencies.
2) Requires LAFCOs to immediately notify agencies about incorporation applications
and request them to submit information ‘within a reasonable timeframe.” The
affected agencies must acknowledge the request within 15 days and submit the
information within the established timeframe.
3) Requires LAFCOs to consider incorporation proponents’ hardships before continuing
incorporation hearings.
4) Reduces the timeline from 70 to 35 days for LAFCO to continue a hearing on
requests to reconsider their decisions.
5) Reduces the timeline for a continuance for a LAFCO hearing to measure formal
protests about boundary changes involving an incorporation from 60 to 35 days.
6) Requires a proposal that includes an incorporation be set for hearing within 15 days
,following adoption of the resolution making determinations.
212. Recreation and Park Districts. SB 707 (Senate Local Government Committee),
Chapter 15, Statutes of 2001. This measure rewriies, reorganizes, and updates existing
recreation and parks district law, which specifies the procedures for district formation,
procedures for the selection of the district board and officers, the powers and duties of
the board, and financial provisions, including taxation, and issuance of bonds. This
measure is based on the work of a legislative interim task force in which the League
participated.
213. Newport Beach. Annexation/Local Coastal Programs. SB 516 (Johnson), Chapter
537, Statutes of 2001. Urgencv. An urgency measure signed October 4, 2001, this
measure authorizes Orange County to continue to implement the certified Local Coastal
Program (LCP) for a particular region within the county following the region’s annexation
LCC Legislative Report - 1 l/O1 57 Statutes of 2001
’ by the City of Newport Beach. The city then has approximately 24 months to develop its
own LCP to supercede use of the county’s LCP, or face an ongoing late fee until the
LCP is completed.
COMMUNITY AND ECONOMIC DEVELOPMENT
i 214. Enterprise Zones. AB 46 (Washinnton), Chapter 587, Statutes of 2001. This measure
increases the number of allowable enterprise zones from 39 to 42.
215. Central Valley Infrastructure Grant Program. AB 31 (Reves). Chapter 746, Statutes
of 2001. Urgency. This measure creates the Central Valley Infrastructure Grant
Program, in the Department of Housing and Community Development, to provide grant
funding to small rural cities and unincorporated communities in the Central Valley for
building and repairing public infrastructure that will help to recruit, retain, and expand
businesses. This measure also provides grants, not to exceed 8400,000 per grant, to
small cities in the Counties of Fresno, Kings, Kern, Tulare, Madera, Merced, Stanislaus,
and San Joaquin, and defines eligibility for small cities as having a population less than
100,000, and meeting HCD competitive criteria guidelines regarding project benefits,
leverage of funds, unemployment levels, median income, and other indicators of need.
The grant program also specifies priority funding for streets, water, sewer, utilities,
telecommunications, or other infrastructure necessary to facilitate business
development, retention, or expansion.
216. Economic Development. Omnibus Cleanup. AB 1471 (D&z), Chapter 508. Statutes
of 2001. This legislation:
1) Extends the authority of the Director of Finance to transfer funds from the reserve to
the Small Business Expansion Fund to provide loan guarantees to small businesses
after disasters from January 1, 2002 to January 1, 2007, and limits the amount that
can be transferred in each disaster to $5 million.
2) Repeals an outdated requirement that small business financial development
corporations be independent of General Fund support within 4 years.
3) Adds the Governor and Lieutenant Governor may approve issuance of tax-exempt
bonds by the Infrastructure Bank, in addition to the Treasurer.
217. Local Agency Base Recovery Areas. Bids. AB 185 ONrinht), Chapter 412, Statutes
of 2001. This measure makes several clarifying and technical changes to the Local
Agency Military Base Recovery Area.Act, to bring it in line with the Target Area Contract
Preference Act (TACPA) and the Enterprise Zone Act (EZA). The legislation requires
that bidders document that they are eligible for the 5% bid preference specified by
TACPA and the EZA, on contracts greater than $100,000 to California-based
companies, for which at least 50% of the total labor hours required to manufacture the
goods and perform the contract occur at worksite located in a designated area. The
measure also makes consistent in the law the provision requiring bidders to “certify
under penalty of perjury” that they comply with the law. Additionally, this legislation
lowers the threshold of work that must be done at designated worksites from 100% to
90%.
LCC Legislative Report - 1 l/O1 58 Statutes of 2001.
218.
219.
Space Industry Development. Program Consolidation. AB 1382 (Liu), Chapter 752,
Statutesof2oOt. This measure creates the Catiia Space tndustry Competitive
Grant Program (CSICGP) by consolidating the state’s existing commercial space
development programs in the Technology, Trade, and Commerce Agency
Park Acquisition and Environmental Mitigation. Cornfield Rail Yard. SB 1177
[Polanco), Chapter 379. Statutes of 200.1. This measure authorizes the State
Department of Parks and Recreation to use $36,000,000, appropriated in the 2001-02
Budget, for the acquisition, planning, design, environmental assessment, and
environmental cleanup of the 32-acre parcel known as the “Cornfield” rail yards in the
City of Los Angeles. This legislation requires the Director of Parks and Recreation, not
later than February 1, 2002, to establish the Cornfield State Park Advisory Committee,
which will be responsible for assisting the department, in an advisory capacity, to plan
for interim and permanent land uses and facilities through the general planning process *’
for the Cornfield site.
220.
221.
222.
223.
MOBILEHOMES
Mobilehomes. SB 920 (Dunn), Chapter 437, Statutes of 2001. This measure requires
the management of a mobilehome park providing utility services through a master-meter
system to give .annual written notice to homeowners and residents in their utility billing
statements about assistance to low-income persons for utility costs under the California
Alternative Rates for Energy program. The measure allows park management to accept
and help process the California Alternative Rates for Energy (CARE) program
applications from homeowners and residents. This measure also prohibits park
management from denying a homeowner or resident any park information, including a
utility account number, necessary to independently establish eligibility for the program.
Further, the measure requires the management of a master-metered park to pass
through the full amount of the CARE program discount in monthly utility billing to
homeowners and residents who have qualified for the program.
Mobilehomes and Manufactured Housing. AB 970 (Dutra), Chapter 213, Statutes of
2001. This measure authorizes the California Department of Housing and Community
Development (HCD) to transmit or receive a certificate of title for mobilehomes or
manufactured housing, electronically, as opposed to by mail, as specified.
Mobilehome Parks. Meetings. AB 1202 (Harman), Chapter 83, Statutes of 2001.
This measure expands the Mobilehome Residency Law (MRL) to provide that a
homeowner or resident may not be charged a cleaning deposit in order to use the park
clubhouse or recreational hall for purposes permitted under current law, i.e. meetings
regarding mobilehome living, social or educational purposes, or meetings where public
officials or candidates for public office are invited to speak, and makes related changes
as specified.
Park Trailers. Loft Areas. AB 1641 (Dickerson), Chapter 490, Statutes of 2001. This
measure excludes the loft space area of a park trailer from inclusion in the calculation of
the total square footage of the park trailer. Under the Mobilehome Residency Law, the
Recreational Vehicle Park Occupancy Law, and the Mobilehome-Manufactured Housing
LCC Legislative Report - 1 l/O1 59 Statutes of 2001
Act of 1980, “park trailer” is defined as a trailer designed for human habitation for
recreational or seasonal use, that contains 400 ‘square feet or less of gross floor area
Mobilehome and Special Occupancy Parks. SB 325 (O’Connell), Chapter 434,
Statutes of 2001. This measure creates a new Special Occupancy Parks Act and,
deletes provisions relating to special occupancy parks from the Mobilehome Parks Act.
The measure also makes the following new changes in the law:
1) Renames the Mobilehome Parks Revolving Fund to the Mobilehome Parks and
Special Occupancy Parks Revolving Fund, and makes legislative findings as to the
need for consistent and uniform statewide regulations for special occupancy parks
and instructs the State Department of Housing and Community Development (HCD)
to adopt those regulations.
2) Requires park owners to obtain a permit for construction, renovation or operation of
a special occupancy park.
3) Requires park owners and occupants to comply with the regulations established by
HCD.
4) Allows local governments to assume enforcement and responsibility within their
jurisdictions and to levy fees, subject to specified conditions, and establishes
procedures and penalties for the enforcement of violations.
This law becomes effective January 1,2003.
225. Mobilehomes. Security Deposits. AB 210 (Corbett), Chapter 151, Statutes of 2001.
This measure allows mobilehome owners who paid security deposits to their
mobilehome parks prior to 1989 to request a refund of the security deposit upon the next
extension or renewal of the rental agreement or lease between the mobilehome owner
and the management. This measure requires that, upon receipt of a written request for
a refund from a mobilehome owner, the management refund the security deposit within
60 days of receipt of the request, if the mobilehome owner has timely paid rent, utilities,
and reasonable service charges within the last 12 months.
REDEVELOPMENT
k 226. Redevelopment Agencies. Extension of Time Limits. SB 211 CTorlakson), Chapter
741, Statutes of 2001. Redevelopment agencies with “significant remaining blight” may
extend their time limits by ten years under certain qualifying conditions with this
measure. To qualify, the agencies must increase the percentage of tax increment
revenues spent on low and moderate income housing from 20% to 30%. Revenues in
the extended time period may only be spent on the blighted properties. The Department
of Finance, Department of Housing and Community Development and the Attorney
General will have oversight authority to monitor and judge compliance with the code
provisions.
l 227. Redevelopment. AB 637 (Lowenthal), Chapter 738, Statutes of 2001. This measure
makes a number of changes to the Community Redevelopment Law. Specifically, this
measure makes the following changes:
1) Repeals the January 1, 2002, sunset date for the following inclusionary housing
provisions, making them permanent:
LCC Legislative Report - 1 l/O1 60 Statutes of 2001’
2)
3)
4)
5)
6)
7)
a. 2:l. Agencies must assist two affordable units outside the project area to
receive inclusionary housing credit for one unit within the project area.
b. Aooreqation. Agencies may assist affordable units in any one of their project
areas and receive inclusionary housing credit.
c. Purchase of Covenants. Agencies may receive credit for the purchase of
covenants for low and very low units only.
d. Sale of assisted owner occupied units prior to the end of the term of the
covenant. Requires agencies to recover a portion of the appreciation.
Requires, after January 1, 2002, that substantially rehabilitated multi-family units that
are not assisted by the redevelopment agency will not be counted in order to
determine the inclusionary housing requirement. This provision sunsets on January
1, 2006.
Requires agencies, over the 10 year implementation period, to spend their Low and
Moderate Income Funds in proportion to the low income housing needs identified in
the general plan, and restricts agencies from using the funds primarily for age-
restricted senior housing at the expense of housing for low income families.
Changes, from 75% to lOO%, the percentage of the replacement units that must be
affordable to the same income level, and places a priority on agency-assisted and
inclusionary housing for those displaced regardless of whether the units are inside or
outside the project area.
Increases long-term affordability convenants from a mix of 15 and 30 years, to a
uniform 50 years, rental units; and from a mix of 10 and 30 years, to a uniform 45
years, for owner occupied units.
Specifies that agencies may continue to spend housing funds for off-site
infrastructure, if:
a) the improvements are part of a new construction or substantial rehab project that
is directly benefited by the improvements;
b) the improvements are a reasonable and fundamental component of the project;
and,
c) the agency applies long term affordability covenants to the benefited units.
Requires that when agency funds exceed 50°r6 of the cost of producing the units,
agencies must find, based on substantial evidence, that the use of the funds is
necessary because the agency or owner of the units has been unable to obtain
commercial or private means of financing.
228. Redevelopment. Project Area. AB 661 (Correa), Chapter 626, Statutes of 2001. This
measure authorizes the Orange County Development Agency to spend its low-and-
moderate income housing funds within the incorporated cities within the County of
Orange, subject to certain restrictions and requirements.
e 229. Single-Family Housing. Affordable Housing Cost. SB 459 (McPherson), Chapter
’ \$J.h 471, Statutes of 2001. The measure separately defines, for Santa Cruz County,
h9 k “affordable housing cost,” for the purpose of using redevelopment housing funds to
0 ’ iL assist in new home purchases. For purposes of this program the following standards
wphf:
1) For very low-income families, affordable housing cost up to 40% of what a
household at 50% of the area median income earns.
LCC Legislative Report - 11 /Ol 61 Statutes of 2001 -
2) For low-income families, affordable housing cost up to 40% of what a household at
7Q% of the area median income earns.
3) For moderate-income families, affordable housing cost up to 40% of what a
household at 110% of the area median income earns.
The measure further requires any agency that uses this provision to include specified
information in its annual redevelopment report, and requires the State Controller to
report this information to the Legislature and the Director of Housing and Community
Development by April 2005.
In addition, this legislation authorizes all redevelopment agencies to use the 40 percent
affordable housing cost threshold when assisting specified low and moderate income
households..
This measure sunsets on January 1, 2005, and is double-joined to AB 637 (Lowenthal,
Chapter 738) and AB 661 (Correa, Chapter 626).
230. Redevelopment. City of Lancaster. AB 1567 (Runner), Chapter 491, Statutes of
2001. This measure allows the Lancaster Redevelopment Agency, until January 1,
2006, to meet up to 50% of its inclusionary housing requirements through the purchase
of long-term affordability covenants in mobilehome parks. The covenants must make
currently unaffordable housing opportunities affordable to low or very low-income
households or preserve currently affordable housing opportunities that will be lost. The
measure also requires that (1) covenants at mobilehome parks include a provision that
space rents shall not be increased in a manner that results in the displacement of any
tenants residing in the park at the time the covenant is entered into; and (2) the
covenants run for the longest feasible time, but not less than 55 years or the life of the
project area, whichever is longer. This measure is double-joined to AB 637 (Lowenthal,
Chapter)
231. Redevelopment. Tush Marine Corps Air Station. AB 212 (Correa), Chapter 123,
Statutes of 2001. This measure would prohibit the City of Tustin or the Tustin
Community Redevelopment Agency from issuing any land use or other approval unless
it requires the conveyance of or an offer to dedicate certain property to the Santa Ana
Unified School District and the Ranch0 Santiago Community College District for a K-14
facility. This measure preempts the city of Tustin and the Tustin MCAS Reuse Plan in
determining how MCAS-Tustin should be reused.
CEQA
232. Scoping Meetings. Projects of Regional Significance. AB 1532 (Pavley), Chapter
867, Statutes of 2001, This measure requires a lead agency to call at least one scoping
meeting for a project of statewide, regional, or area wide significance. Further, the
measure requires the lead agency to provide notice-which may be satisfied by including
the scoping meeting in the public meeting notice-to all of the following:
1) Any county or city that borders on a county or city within which the project is located,
unless otherwise designated annually by agreement between the lead agency and
the county or city.
2) Any responsible agency.
LCC Legislative Report - 1 l/O1 62 Statutes of 2001
233.
3) Any public agency that has jurisdiction by law with respect to the project.
4) Any organization or individual who has filed a. written request for the notice.
Environmental Quality. Airport Expansion and Enlargement Projects. SB 244
(Speier). Chapter 534, Statutes of 2001. This measure increases the review period for
draft environmental impact reports for airport expansion or enlargement projects from 30
to 120 days and clarifies that the acquisition of tideland or submerged land for airport
expansion or enlargement requires city or county approval. This measure is the result
of expansion plans of the San Francisco lntemational Airport (SFO), which is owned by
the City of San Francisco, but is located within the County of San Mateo; however, the
language of the measure could also apply to other airport expansions.
234. Focused Environmental Impact Reports. Oakland. AB 436 Ghan), Chapter 701,
Statutes of 2001. Umencv. Specifically, this measure authorizes a focused ElR to be
prepared for a multiple-family or mixed-use projects in Oakland, notwithstanding that the
project was not identified in a master EIR, if certain conditions are met, including but not
limited to:
1) Authorization of the City of the implementation of this section by voting to approve
the practice of preparing focused environmental impact reports for projects in the
central business district housing target areas;
2) Determination and submission by the City of a draft determination to the Office of
Planning and ‘Research (OPR) that the general plan, zoning ordinance, and related
policies and programs are consistent with principles that encourage compact
development in a manner that promotes efficient transportation systems, economic
growth, affordable housing, energy efficiency and an appropriate balance of jobs and
housing, and protects the environment, open space and agricultural areas;
3) Requiring projects to have a density of at least 40 units per net acre, be located
within a half mile of transit and meet other specified criteria.
4) Requires an implementation report to be prepared by the city and submitted to OPR,
and terminates this pilot project on January 1, 2005.
VII. LOCAL GOVERNMENT AGENCIES, MISCELLANEOUS LOCAL GOVERNMENT/
LAND USE
235. Real Estate. Disclosures of Transfer. SB 1122 (Poochinian), Chapter 673, Statutes
of 2001. This measure requires the owners of real property in any local assessment
district to notify prospective purchasers of any continuing assessments upon the
property. The measure also requires local governments levying the assessment to
designate a department to prepare a roll of assessment obligations, respond to
inquiries, and provide a Notice of Assessment on any affected property, upon the
request of any individual, for a reasonable fee, not to exceed $10.
236. State Housing Plan/Housing Information. SB 442 (Vasconcellos). Chapter 577,
Statutes of 2001. This measure would require the housing strategy in the California
Statewide Housing Plan to include the provision of housing assistance for various
specific population groups. For that purpose, the measure would require the
LCC Legislative Report - 1 l/01 63 Statutes of 2001
237.
238.
239.
c. 240.
:,+
Department of Housing and Community Development to consider certain information
and to consult with various state departments that have information relevant to the
homing mscls ufthse pupuktiurr gmups. Furtherthis measure requires the Director of
e-Government in the office of the Governor to direct the development of, and to make
operational, an interactive Internet-based information site and inventory of publicly
assisted or publicly financed multiunit low-income rental housing, to be referred to as the
California Affordable Housing Connection. It would require the director to designate or
request a specified technology center to maintain and update the information at least
biannually. It would require the director to report to the Legislature, as specified, on the
development of the site. The Governor vetoed the $150,000 appropriation in this bill.
Rental Agreements. Notice of Termination. SB 985 (Kuehl), Chapter 729, Statutes
of 2001. This measure establishes a five-year pilot project by requiring property owners
in the cities of Los Angeles, Santa Monica, and West Hollywood to provide tenants with
a 60-day notice, in accordance with specified conditions, when the property owner ’
terminates a periodic tenancy.
Mediation of Construction Defect Disputes. AB 1700 (Steinberqk Chapter 824,
Statutes of 2001. In the final hours of the legislative session, amendments, which
significantly expand the existing process for dispute resolution of construction defect
litigation were added into this legislation relating to various court procedures.
Throughout most of the year, these provisions were contained in AB 267 (Steinberg).
These provisions were negotiated between the developers, consumer attorneys, and the
insurance industry.
Farmworker Housing. Fees. SB 742, Chapter 118, Statutes of 2001. Umency. A
provision was added into this legislation, Section 15, which amends law established by
SB 1545 (Costa), Chapter 702, Statutes of 2000, which authorizes HCD to approve a
farmworker housing project if a local government fails to take action on it within the
timelines established by the Permit Streamlining Act. This amendment authorizes HCD
to recover fees from a local enforcement agency, not to exceed applicable plan check
fees, if HCD assumes the role of reviewing and approving the project.
Eminent Domain. AB 237 (Papan), Chapter 428, Statutes of 2001. This measure
facilitates resolution of eminent domain cases through the authorizatidn of alternative
dispute resolution (ADR) and revises procedures in eminent domain proceedings.
Specifically, this measure:
1) Requires the final offer of the plaintiff (public entity) and final demand of the
defendant (property owner) in eminent domain proceedings relating to compensation
to include all elements of required compensation, including compensation for the
loss of goodwill, and to indicate whether or not interest and costs are included.
2) Provides that the parties to such proceedings may by agreement refer the dispute to
resolution by mediation or binding or non-binding arbitration, and provides that the
arbitrator’s decision in a non-binding arbitration is final, unless within 30 days after
service of the arbitrator’s decision a party moves the court for a trial of the eminent
domain proceeding.
3) Provides that, upon motion of a party, the court may postpone the date of such trial
for a period that appears adequate to enable resolution of a dispute pursuant to
LCC Legislative Report - 1 l/O1 64 Statutes of 2001
alternative resolution procedures, provided that the court is satisfied that certain
conditions are met.
4) Changes, frum 60 tu 90 days before trial, the date of exchange of valuation data in
eminent domain proceedings.
5) Provides that if the judgment in the proceeding is not more favorable to the moving
party, the court shall order that party to pay to the other parties specified costs and
fees, unless the court finds in writing and on motion that the imposition of costs and
fees would create such a substantial economic hardship as not to be in the interest
of justice.
241. County Surplus Property. AB 314 (Ghan), Chapter 18, Statutes of 2001. This
measure broadens the list of eligible recipients of county surplus property to include
schools and other nonprofit programs serving children. The measure authorizes the
board of supervisors of a county to donate or lease any real or personal property that
the board declares to be surplus to a school or community college district, a county
children and families commission, or a nonprofit corporation organized for the care,
teaching or training of children, developmentally disabled children, or Native Americans.
242. Farmland Conservancy. SB 1224 (Senate Committee on Agriculture and Water
Resources), Chapter 234, Statutes of 2001. This measure exempts California
Department of Conservation (DOC) grant programs from the State Contract Act (SCA)
and the Disabled Veterans Participation Goals (DVPG) program requirement, and
requires grant selection criteria for the California Farmland Conservancy Program
(CFCP) to take into account matching and in-kind funds provided by private sources.
Specifically, this measure:
1)
2)
Exempts grants awarded by DOC from SCA and contract requirements pursuant to
the DVPG program. Some of the grant programs that will be exempted from
contract requirements include the California Beverage Container Recycling and Litter
Reduction Act, and other resource conservation grants administered by DOC.
Requires DOC to consider matching funds and in-kind services contributed by
sources other than local governments when reviewing applications to fund
agricultural conservation easements.
243. Validations. SB 161, 162 & 163 (Senate Local Government Committee), Chapters IO,
272 & 273, respectively, Statutes of 2001. Urgency. These three Validation measures
assist local government and the financial markets by increasing the level of confidence
in governmental securities, bonds, and other financial mechanisms by addressing
various procedural and technical errors and omissions relating to governmental
boundary and organizational changes.
244. Pilot Projects. State and Local Programs. SB 153 (Knight), Chapter 115, Statues of
2001. This measure repeals more than 50 pilot projects in current law that have been
identified as either obsolete or expired, pursuant to the October, 2000 “Expired Pilot
Projects” report prepared by the California Law Revision Commission, and makes
technical changes to statutes referenced within the laws creating these pilot projects in
order to reflect their termination.
245. State Property. SB 951 (Senate Governmental Organization Committee), Chapter 610,
Statutes of 2001. This measure is the annual surplus property measure, which
LCC Legislative Report - 1 l/O1 65 Statutes of 2001 --
246.
247.
248.
249.
250.
251.
authorizes the Director of the State Department of General Services to sell, exchange or
lease specified parcels of state property. .
School Facilities. Environmental Assessments. AB 972 (Calderon), Chapter 865,
Statutes of 2001. This measure establishes an alternative method for a school district to
make a preliminary endangerment assessment of potential hazardous materials on the
school site, as specified.
VIII. LIABILIN AND LEGAL lSSUES
Structured’settlement Payment Rights. AB 288 (Wayne), Chapter 624, Statutes of
2001. Existing law permits a judgment awarded by a court for damages for personal
injury in resolution of a tort claim to be paid in periodic payments in a structured
settlement, rather than as a lump sum payment. This measure revises, recasts and
expands those provisions relative contracts entered into on or after January 1, 2002.
The legislation requires the Attorney General to report to the Legislature not later than
March 31, 2004 regarding implementation of this measure.
Joint Powers Authorities. AB 277 (Kelley), Chapter 38, Statutes of 2001. Existing law
authorizes public entities to pool self-insured claims or losses among themselves,
pursuant to a joint exercise of powers agreement. This measure provides that if the
purpose in the agreement is the self-insurance claims of two or more local public
entities, it shall not be considered an agreement establishing joint and several liability
among those public entities, as specified.
Attorney General Opinions. SB 99 (Morrow), Chapter 76, Statutes of 2001. This
measure makes a number of changes to existing law regarding the criteria under which
the Attorney General is required to give legal opinions.
Liability. Injuries to Peace Officers, Firefighters and Emergency Medical
Personnel. SB 448 (Perata), Chapter 140, Statutes of 2001. Existing law provides the
circumstances under which a person is responsible for injury to peace officers,
firefighters, or any emergency medical personnel employed by a public agency. This
legislation enacts the Brett-Alan Laws Act, which revises existing law to require that the
conduct causing injury be one that violates a statute, ordinance, or regulation and that
the conduct causing the injury was not the event that precipitated either the response or
presence of the public safety official.
Civil Procedure. SB 562 (Morrow), Chapter 44, Statutes of 2001. This measure
makes a number of changes to existing law regarding civil cases. Among its provisions
is one that changes existing law that relates to when an application to bring a claim
against a public entity or public employee is denied by the governing body of that entity.
Under existing law, a person may petition the court for an order relieving the petitioner
from the prohibition against bringing a suit against the public entity. This legislation
specifies that when an action to which the claim relates is a limited civil case, the
LCC Legislative Report - 1 l/CH 66 Statutes of 2001
proceeding to petition the court pursuant to these provisions is also constitute a limited
civil case.
IX. CHILD CARE, PARKS AND RECREATION, MISCELLANEOUS COMMUNITY SERVICES
CHILD CARE
252. Before and After School Programs. AB 297 (Kehoe), Chapter 453, Statutes of 2001.
8 Existing law establishes the After School Learning and Safe Neighborhoods Partnership
Program to create incentives for after-school programs. Existing law also permits a
participating program operated by a city, county, or non-profit school to operate for up to
20 hours per week without obtaining a child care license. This legislation will, until
January 1, 2005, establish the six-to-six before and after school program to provide local
before and after school enrichment programs. It will permit a participating program that
is operated by a city or county in partnership with a community-based organization, that
has the approval of a local educational agency and is operated on a school site, to
operate for up to 30 hours without obtaining a child care license.
Q 253. Before and After School Programs. AB 6 (Cardenas), Chapter 545. Statutes of 2001.
Existing law establishes the After School Learning and Safe Neighborhoods Partnership
Program to create incentives for establishing local after school enrichment programs.
This measure makes a number of changes to existing law and permits a participating
program operated by a city, county, or non-profit organization to operate for up to 30
hours a week, as opposed to 20 hours under existing law, without obtaining a special
license or permit.
254. Child Day Care Facility. SB 619 (Johnson), Chapter 376, Statutes of 2001. Under
existing law, within two days of receipt of evidence that the death or serious injury of a
child occurred at a day care facility, the State Department of Social Services will
temporarily suspend the license or permit of the facility. The Director of Social Services
is required to request that the local law enforcement agency responsible for
investigating the death or serious injury expedite the investigation and provide evidence
as long as it will not affect the criminal prosecution. This legislation requires that the
Department will reopen an investigation into a licensed childcare facility when any
person provides the Department with a certified copy of a court record in which a judicial
officer has determined that a child’s injury may have been inflicted while in the custody
of the day care facility.
PARKS AND RECREATION
255. Recreation and Parks District. SB 707 (Committee on Local Government), Chapter
15, Statutes of 2001. Existing law provides for the establishment of recreation and park
districts. This measure repeals the provisions of existing law and enacts the Recreation
and Park District Law, which specifies the procedures for district formation, selection of
the governing board of directors and officers, powers and duties of the board, and
financial provisions.
LCC Legislative Report - 1 l/O1 67 Statutes of 2001
256. California Clean Water, Clean Air, Safe Neighborhood, Parks, and Coastal fl FWtectiurr Act of 2002. AB t603 (Keetev), Chapter 875, Statutes of 2007. tlmency.
This measure places a $2.6 billion park bond on the March 2002 ballot. Upon approval
by the voters, the measure will provide financing for a number of state and local park
projects. The measure includes $632.5 million dollars for local assistance programs,
including $350 million for per capita grants to cities, counties, and park districts. Each
city, under the per capita grant program, shall be entitled to a minimum allocation of
$220,000.
257. Urban Park Act of 2001. AB 1461 (Frommer). Chapter 676, Statutes of 2001. This
legislation enacts the Urban Park Act of 2001, which requires the State Department of
Parks and Recreation to establish a local assistance program under which the
Department offers grants on a competitive basis to various local entities and nonprofit
organizations for the acquisition and/or development of urban parks and recreational
areas and facilities. The measure specifies the criteria that must be applied in
evaluating the grants and provides that the provisions of the bill shall only be
implemented during fiscal years for which funding is appropriated for its purposes in the
Annual Budget Act.
257. Urban Parks and Healthy Communities. SB 359 (Murrav), Chapter 677, Statutes of
2001. This legislation establishes the California Youth Soccer and Recreation
Development Program. It requires the State Department of Parks and Recreation to
administer the program, which is intended to provide ass.istance and grants to local
agencies and community organizations to fund the development of new youth soccer,
baseball, and basketball recreational opportunities. The measure requires that any
funding is contingent upon future appropriation in the Annual Budget Act.
MISCELLANEOUS COMMUNITY SERVICES
258.
259.
260.
California Conservation Corps. AB 1324 (Neorete-McLeod), Chapter 760, Statutes of
This legislation makes a number of changes to the provisions of existing law that 2001.
specify the types of projects for which members of the California Conservation Corps
may be engaged.
Native American Graves Protection and Repatriation. AB 976 (Steinbero), Chapter
818. Statutes of 2001. This measure enacts the California Native American Graves
Protection and Repatriation Act 2001. It requires all state agencies and museums that
receive state funding and that have in their possession or control human remains or
cultural items related to Native Americans, to complete an inventory and summary of
these remains and items on or before January 1, 2003. It will, with certain exceptions,
provide a process for the identification and repatriation of these items to the appropriate
tribes, and authorizes civil penalties for failure to comply with the Act.
Mental Health Funding. Local Grants. AB 334 (Steinberg), Chapter 454, Statutes of
2001 Existing law provides for the allocation of state funds to counties for
demonstration grants and other projects for the severely mentally ill. This measure
makes a number of changes to the criteria required for funding these programs.
LCC Legislative Report - 1 l/O1 68 Statutes of 2001 *
X. PUBLIC SAFETY, PRISONS, CONTROLLED SUBSTANCES, CRIME, FIREARMS, FIRE
PROTECTION, ALCOHOLIC BEVERAGES, GAMING; EMERGENCY SERVICES
PUBLIC SAFETY
261. School Safety. AB 79 (Havice), Chapter 646, Statutes of 2001. Existing law requires
that all California public schools, from kindergarten through grade twelve, inclusive,
develop a comprehensive school safety. plan that includes various policies and
procedures. This legislation requires the State Department of Education to develop
model policies on the prevention of bullying and on conflict resolution and to make the
model policies available to school districts. Also, this measure authorizes a school
district to adopt one or both of the policies for incorporation into its school safety plan.
262. Department of Motor Vehicles Records. AB 84 (Hertzbero), Chapter 809, Statutes of
Until 1989, the Department of Motor Vehicles (DMV) records were considered“ 2001.
public records unless state law specifically made them confidential, as was the case for
peace officers’ addresses. Therefore, until 1989, home addresses were not considered
confidential and any person who gave a reason that DMV deemed legitimate could
present to DMV a person’s driver’s license number of license plate number and could
obtain address information on that individual. This legislation allows trial court
employees-and psychiatric social workers to request that all information on their DMV
records be suppressed. This legislation adds trial court employees and psychiatric
social workers to the list of 19 classes of persons whose home addresses may only be
disclosed to specified public agencies. This legislation grants access to residence and
mailing addresses within the DMV of records when requested by an attorney in a civil or
criminal action, pursuant to a subpoena.
o 263. Court-Ordered Fees and Fines. AB 145 (Robert Pacheco), Chapter 108, Statutes of
2001. Existing law allows cities, counties, courts, and other public agencies to accept
credit cards as payment for many charges. Before accepting credit card payments, a
city must have the approval of its city council, a court must obtain the approval of the
Judicial Council, and other public agencies must have the approval of their governing
body that has fiscal responsibility for the agency. This legislation authoriies a court,
city, county, city and county, or other public agency to authorize the acceptance of a
payment by credit card for the deposit of bail or for any fine for any offense not declared
to be a felony. This legislation requires that the defendant be charged any
administrative fee charged by the credit card company for the cost of the credit card
transaction. In order for a municipal agency to take advantage of the service, the city
council must first pass an ordinance authorizing such a practice. After approval by the
governing body, the public agency can contract with credit card issuers and charge fees
for the use of the cards.
264. Law Enforcement Telecommunications. AB 147 (Lonaville), Chapter 34, Statutes of
2001 -. Existing law requires the Department of Justice to maintain a statewide
telecommunications system entitled the California Law Enforcement
Telecommunications System (CLETS). The Attorney General holds each county’s local
law enforcement agency (typically the sheriffs department) responsible for maintaining
the county’s connection to the CLETS. However, existing law doesn’t grant these
“control agencies” the authority to secure and maintain the county’s equipment. Instead,
LCC Legislative Report - 1 l/O1 69 Statutes of 2001
the county board of supervisors has this authority. This legislation gives the designated
control agency for the county the sole and exclusive authority to ensure that the county’s
or ether agency’s eguipmerrt connecting to the statewide CLETS complies with any
security requirement that is a condition of access to the system.
8 265. Law Enforcement Funding. Budget Act of 2001. AB 440 (Cardoza), Chapter 197,
Statutes of 2001. Uwency. This legislation is a 2001 Budget Act trailer bill that
appropriates $80.4 million from the General Fund. This legislation: 1) augments Item
9100-101-0001 of the Budget Act by $75 million, including $13.5 million for the Senior
Citizens’ Property Tax Assistance Program and $61.5 million for the Senior Citizens’
Renters’ Tax Assistance Program, and 2) augments Item 9210-108-0001 by $5.4 million
for the High Technology Grant Program for local law enforcement agencies, thereby
increasing the minimum grant to law enforcement agencies from $20,000 to $30,000.
266. Law Enforcement Funding. AB 443 (Aanestad), Chapter 205, Statutes of 2001.
Existing law provides specified funding for local law enforcement through the Umency.
Local Public Safety Fund and local Supplemental Law Enforcement Services Fund.
This legislation establishes an annual appropriation of $500,000 (total of $18.5 million)
to each of 37 rural and small county sheriff’s departments through the State of
California. This legislation limits the use of High Technology Law Enforcement
Equipment grants and grants to rural county sheriff departments, as follows: a) when
used for surveillance or monitoring purposes; b) in situations where there is an
articulable suspicion that a person is engaging or has engaged in illegal activity; and c)
not to be used for the surveillance of the general population.
‘2. 267. Repossession Agencies. AB 783 (Kellev), Chapter 554, Statutes of 2001. Existing
law authorizes a peace officer, if he or she determines that a driver was driving a vehicle
with driving privileges suspended or revoked, or without a license, to cause the removal.
and seizure of the vehicle. The impounding agency is authorized to Impose a charge
equal to the cost of a hearing or appeal on the legal owner or their agent if the legal
owner or their agent requests a hearing or appeal relating to the removal, impound,
storage, or release of the vehicle. This legislation prohibits a city, county, or state
agency from requiring that a legal owner that is a motor vehicle dealer, bank, credit
union, acceptance corporation, other licensed financial institution legally operated in this
state, or other person holding a security interest in the vehicle who is not the registered
owner, or the legal owner’s agent, from requesting a post-storage hearing as a
requirement for release of the vehicle.
268. Animal Control Officers. AB 1023 (Canciamilla). Chapter 527, Statutes of 2001.
Existing law provides that any uniformed security guard who successfully completes a
specified course of instruction is entitled to receive a permit issued by the Department of
Consumer Affairs to carry and use a club or baton within the scope of his or her
employment. This legislation provides that an animal control officer is not prohibited
from carrying any wooden club or baton if he or she has satisfactorily completed a
specified course of instruction certified by the Department of Consumer Affairs. The
training institution certified by the Department to present the course is authorized to
charge a fee covering the cost of the training.
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269. California Peace Officer Memorial Foundation. SB 215 (Burton), Chapter 274, Statutes of 2001. Umencv. Existing law allows taxpayers to make contributions of their
own funds on theirtax returns to the Cakfomia Peace Officer Memorial Foundation Fund
(Fund). Due to the fact that the California Peace Officer Commission is a private
agency, voluntary contributions must be reauthorized and reappropriated each year.
This legislation changes the appropriation procedure for the Fund by designating the
California Highway Patrol as the agency responsible for allocation of the appropriated
funds, thereby eliminating the annual authorization and appropriation procedure.
270. Public Safety. SB 485 (Committee on Public Safetv), Chapter 473, Statutes of 2001.
This legislation makes technical changes and corrections to specified Penal and Vehicle
Code provisions. This measure deletes the requirement in existing law that directs the
Commission on Peace Officer Standards and Training to develop a supplemental
training course for existing Level I reserve officers desiring to satisfy the basic training
course for deputy sheriffs or police officers. This legislation provides that the court shall
decide whether any photograph of any minor filed as an exhibit in a criminal matter shall
be handled in a specified manner. Existing law requires that the Department of Motor . Vehicles (DMV) make all specified records relating to the registration of vehicles, other
information contained on an application for a driver’s license, abstracts of convictions,
and abstracts of accident reports required to be sent to the Department in Sacramento,
open to the public inspection during office hours, except as specified.
This legislation requires DMV to make available to the courts and law enforcement
agencies any conviction of specified vehicle offenses involving alcohol or drugs.
Existing law requires the DMV to impose penalties if any person refuses an officer’s
request to submit to, or fails to complete, a chemical test or tests to determine the
alcoholic content of his or her blood. This legislation allows the DMV to enhance such a
penalty for prior DUI conviction(s) that occurred in any state, territory, or possession of
the United States, the District of Columbia, the Commonwealth of .Puerto Rico or
Canada.
Existing law authorizes a person who is a peace officer, as defined,. to purchase,
possess, or transport, under specified conditions, any “less lethal weapon,” as defined,
for official use in the discharge of his or her duties. Existing law excludes from the
definition of “less lethal weapon” specified semiautomatic firearms that are designated
assault weapons. This legislation excludes from the definition of “less lethal weapon”
additional firearms that are also designated assault weapons.
Existing law creates a Joint Legislative Committee for the Revision of the Penal Code.
This committee studies and appraises existing provisions of the penal laws and
procedures and related statutes, and to prepare, for submission to the Governor and the
Legislature, a revised, simplified body of substantive and procedural laws relating to
crimes. This legislation eliminates that committee.
271. Working Warehouses. SB 486 (Speier), Chapter 856, Statutes of 2001. Existing law
prescribes safety standards for various industries. This legislation requires managers at
a working warehouse to secure merchandise stored on shelves higher than 12 feet
above the floor by installing safety devices such as rails, netting, fencing, gates, etc. All
working warehouses will comply with the provisions of this section by no later than July
LCC Legislative Report - 1 l/O1 71 Statutes of 2001 *
272.
273.
1, 2002. This measure requires managers at warehouses employing more than 5.0
people to submit a report to the Division of Occupational Safety and Health of all known
injuries requiring hospitafiiafion, including emergency room medical treatment, deaths
occurring to customers as the result of falling merchandise. The report shall be filed
within 30 days of December 31, 2002 and within 30 days of December 31,2003.
Security Businesses. SB 722 (Finueroa). Chapter 607, Statutes of 2001. The Private
Security Services Act (PSSA) provides for the licensure and regulation by the
Department of Consumer Affairs and its Bureau of Security and Investigative Services of
persons engaged in the provision of private security services and’requires, among other
matters, that a person entering the employ of a private security service take a two-hour
training class regarding the power to arrest. This legislation revises fee and fine
amounts in connection with private patrol operators (PPOs) and other specified entities,
and modifies the education course known as the Security Guard Power to Arrest
(SGPA) course required by the PSSA. Specifically, this legislation requires that the
SGPA course be three hours in length and taught primarily via verbal instruction.
Additionally, this legislation increases the original application and examination fee for
private investigators (Pls) and PPOs from $200 to $500. This measure also increases
other fines applied to PPOs regarding sufficient weapons training of security guards and
the conspicuous placement of business licenses. This legislation also increases other
fines applied to PPOs regarding sufficient weapons training of security guards and the
conspicuous placement of business licenses. This measure revises the fine schedule
for PPOs, including increasing the fine for failure to ascertain that an employee is
proficient in the use of specified weapons to $500 for the first violation (instead of $250)
and $1,500 per violation thereafter. Additionally, this measure establishes fines for
specified PPO violations including a fine of $250 for failure to post a PPO license in a
conspicuous place in the principal place of business. It revises the fine schedule for
security guards and training instructors, including increasing the fine for failure to carry a
valid firearm permit from $25 for the first violation, and $50 per violation thereafter.
Finally, this measure provides that if the Department of Consumer Affairs (DCA)
determines a PPO licensee is in violation of specified requirements, DCA may issue a
citation to the licensee. The amount of the fine shall in no event exceed $2,500, or as
otherwise provided by current law, whichever is less.
Sentry Dogs. SB 769 (Fioueroa), Chapter 377, Statutes of 2001. Existing law
establishes limitations and procedures with respect to the use of sentry dogs. This
legislation requires any person, firm, partnership, association, or corporation that
operates or maintains a business to sell, rent, or train any attack, guard, or sentry dog to
obtain a permit from the local public agency or private society or pound contracting with
the local public agency for animal care or protection services. Additionally, the measure
requires each city and county to have its contracting public agency or private society
adopt and implement a permit program for those who are in the business of providing
sentry dogs. This legislation requires permitees to maintain a register of names and
addresses to whom sentry dogs are sold, and also authorizes the local agency to apply
a fine up to $1,000 for the first incident in violation of the provisions of this legislation.
274. California Peace Officers’ Memorial Day. ACR 7 (Havice), Resolution Chapter 32,
Statutes of 2001. This resolution commemorates Friday, May 4, 2001, as California
Peace Officers’ Memorial Day. Furthermore, the resolution urges all Californians to
LCC Legislative Report - 1 l/01 72 Statutes of 2001
remember those individuals who gave their lives for our safety and expresses
appreciation to those who continue to dedicate themselves to making California a safer
ptace in which to tii and raise uur famiiies.
275. State Capitol Building. ACR 13 (Washinqton), Resolution Chapter 2, Statutes of 2001.
This resolution commends officers and employees of specified government agencies
and departments for their services in response to the tragedy and fire at the State
Capitol on Tuesday, January 16, 2001. On Tuesday, January 16,200l a truck crashed
into the south side of the State Capitol building, resulting in .the loss of a life and a fire
that damaged the building. Various government officials responded quickly and
effectively to prevent further injuries and damage, investigate the cause of the crash and
remove the remaining debris. The resolution commends the following government
agencies and departments for their services in response to the tragedy and fire at the
State Capitol building on Tuesday, January 16, 2001: the California Highway Patrol, the
Federal Bureau of Alcohol, Tobacco and Firearms, the Federal Bureau of Investigation,
the Sacramento County Sheriff’s Department, the Sacramento Police Department, the
Department of Forestry and Fire Protection, the Department of Motor Vehicles, the
Department of General Services, the Sacramento County Fire Department, the
Sacramento City Fire Department, the Sacramento County Coroner’s Office and the
staff of the Assembly and Senate.
PRISONS
276. Department of Corrections. SB 563 (Morrow), Chapter 141, Statutes of 2001.
Existing law authorizes the Department of Corrections (CDC) to prescribe rules and
adopt regulations related to the administration of prisons and parole. Due to the
specialized nature of corrections operations, the Department is exempt from various
provisions of the Administrative Procedure Act for regulations related to pilot programs
or to imminent danger. The California Law Revision Commission recently analyzed the
CDC’s use of Penal Code Section 5058, which authorizes these exemptions, and from
this analysis, developed a number of recommendations which are contained in this
legislation. This legislation defines a pilot program as a program implemented on a
temporary and limited basis in order to test and evaluate the effectiveness of the
program, develop new techniques, or gather information. There are a number of
exceptions to this provision. This legislation requires that when usin the emergency
rulemaking procedure to address urgent operations needs (rather than to address an
emergency), the CDC must prepare a written statement explaining why its operational
needs require use of the emergency rulemaking procedure. This will help address
concerns about whether use of the procedure is justified.
a 277. Prisons. SB 768 (McPherson), Chapter 476, Statutes of 2001. Under existing law, any
person convicted of a public offense that is younger than 21 years of age at the time of
apprehension, and who has not previously been sentenced to specified crimes, is
generally confined to the Department of California Youth Authority (CYA). This
legislation authorizes the Director of CYA to transfer to the Department of Corrections
(DOC) any person 18 years of age, or older, who is subject to the custody, control, and
discipline of CYA who is scheduled to be returned, or has been returned from DOC after
serving a sentence imposed for committing a felony while in CYA custody. Additionally,
no such transfer shall take place unless the person voluntarily, intelligently, and
LCC Legislative Report - 1 l/O1 73 Statutes of 2001
knowingly executes a written consent to the transfer, which shall be irrevocable. While
a person who consents to being transferred to an institution under the direction of the
Department of Corrections shall Iii according to DOC regulations, the Youthful
Offender Parole Board shall remain the authority for determining the person’s eligibility
for parole.
CONTROLLED SUBSTANCES
278. Controlled Substance Release Notice. SB 189 (Bowen). Chapter 466, Statutes of
Existing law requires a seller of residential property to make disclosures upon the 2001.
transfer of that property, and sets forth the content and form of these disclosures. This
legislation requires any owner of a residential real property who knows, by receipt of a
specified notice or actual knowledge, that any release of an illegal controlled substance
has come to be located on or beneath that real property to give written notice of that
condition to the buyer, as prescribed. The measure requires an owner of a residential
dwelling unit who knows, by receipt of a specified notice or actual knowledge, that such
a release has come to be located on or beneath that dwelling unit to give written notice
to a prospective tenant prior to the execution of a rental agreement.
0 279. Drug Testing. 3. Existing law
aided by .the Substance Abuse and Crime Prevention Act of 2000 (Proposition 36)
provides that ‘effective July 1, 2001, except as specified, a person convicted of a
nonviolent drug possession offense will receive probation with completion of drug
treatment program as a condition of probation. That initiative statute also provides that
effective July 1, 2001, except as specified, a person’s parole may not be suspended or
revoked for commission of a nonviolent drug possession offense or for violating a drug-
related condition of parole, but that an additional condition of parole for those offenses
or violations will be completion of a drug treatment program. Also, the initiative creates
a state fund to award counties money to implement the drug treatment requirements,
but precludes money in that fund from being used to pay for the cost of drug testing.
This legislation authorizes the Department of Alcohol and Drug Programs to allocate
$8.4 million federal Substance Abuse Prevention and Treatment (SAPT) block grant
funds for drug testing in 2001-02 to award counties grants to pay for drug testing if the
counties have on file with DDAP an approved plan for implementing the above-
mentioned initiative statute that includes a description of the prices to be used for
substance abuse treatment and testing consistent with existing law. The measure
further states that where drug treatment is a condition of a person’s probation or parole,
drug testing shall be used as a drug treatment tool, and the results of any drug testing
will not be given greater weight than other aspects of the person’s treatment program.
This measure also specifies that for the purposes of the initiative, drug treatment must
be provided by a program that is licensed or certified by the state, or by a drug
treatment program operated under the direction of the Veterans Health Administration of
the State Department of Veterans Affairs.
280. Commercial Vehicles. Controlled Substances. SB 871 (Burton), Chapter 298,
Statutes of 2001. Existing law requires motor carriers and drivers to comply with the
controlled substances and alcohol use, transportation, and testing requirements of the
United States Secretary of Transportation. This measure requires an individual who
suffers injury that is proximately caused by the driver of a commercial motor vehicle to
LCC Legislative Report - 1 l/O1 74 Statutes of 2001
recover three times damages from the driver’s employer where it is shown that the
driver was under the influence of alcohol or a controlled substance at the time the injury
was caused. This legislation requires the suspension of the motor carrier permit for
failure to comply. The measure prohibits an applicant for employment as a commercial
driver or owner-operator seeking to provide transportation services from being placed on
duty by the motor carrier, until compliance with certain federal regulations concerning
controlled substance and alcohol use and employment history has occurred.
CRIME
@ 281. Sex Offenders. Registration. AB 4 (Bates), Chapter 644, Statutes of 2001. Existing
law requires certain persons, including any person convicted of specified sex offenses,
for the rest of his or her life while residing or located within California, to register with the
chief of police or the sheriff, and with the chief of police of a campus of the University of
California, the California State University, or community college if the person is residing
or located upon the campus or in any of its facilities, within five working days of coming
into, or changing his or her residence or location within any city, county, or city and
county, or campus. This legislation requires sex offenders to register with the campus
police of a university, college, community college, or other institution of higher learning
within five days of commencing enrollment, employment, or carrying on a vocation.
Additionally, the bill requires out-of-state residents who are required to register in their
state of residence and are carrying on a vocation in California to comply with California
sex-offender registration requirements.
282. Criminal Proceedings. Persons with Disabilities. AB 77 (Havice), Chapter 62,
Statutes of 2001. Existing law provides that in any criminal proceeding in which the
defendant is charged with specific violations committed with or upon a minor under the
age of 11, the court will take special precautions to provide for the comfort and support
of the minor and to protect the minor from coercion, intimidation, or undue influence as a
witness including, but not limited to certain circumstances. This measure requires the
judge to take specified precautions when a person with disabilities is a victim of
specified crimes. This measure also adds crimes of domestic violence to the current list
of sex offenses that require specified precautions when a person under 11 years of age
is the victim. This legislation provides the same protection for this with a mental
disability.
B 283. Sex Offenders. Disclosure. AB 349 (La Suer), Chapter 643, Statutes of 2001.
Existing law requires certain persons, including any person convicted of any specified
sexual offense, for the rest of his or her life, while residing or located within California, to
register with specified law enforcement officials within five working days of coming into,
or changing his or her residence or location within any city, county, or city and county, or
campus, and annually thereafter within five working days of his or her birthday. This
measure revises the annual sex offender registration update provision to parallel the
requirement already established for preregistration that additionally includes the
registrants to provide current fingerprints and a current photograph of the person and
the current license plate of any vehicle owned by, regularly driven by, or registered in
the name of, the person.
LCC Legislative Report - 1 l/O1 75 Statutes of 2001 ’
284. Crime Prevention. AB 530 (Reves), Chapter 845, Statutes of 2001. Existing law
requires the Department of Justice (DOJ) to.secure any criminal record to determine
whether the person has been convicted or incarcerated within the last ten years for a
sex offense against a minor or for a violation of other specified crimes, including any
felony, if an employer of the person requests the determination and submits fingerprints
of the person to the department and the person is unlicensed and provides non-medical
domestic or personal care to an aged or disabled adult in the adult’s own home.
This legislation requires the DOJ to provide subsequent, arrest information for person
employed as in-home personal care givers for aged or disabled adult to an employer
who requests an initial criminal background check.
The Rural Crime Prevention Program was enacted in 1999 and authorizes the Counties
of Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare to
develop a program administered by each county’s district attorney’s office under a joint
powers agreement with the county sheriffs office. The parties are required to form a
regional task force including the county agricultural commission, District Attorney,
Sheriff, and interested property owner groups and associations to work as an interactive
team to develop crime prevention, problem solving, and crime control techniques. The
measure also extends the sunset on the “Rural Crime Prevention Programs” by six
months from January 1, 2002 to July 1, 2002.
285. Domestic Violence. AB 731 (Wavne), Chapter 816. Statutes of 2001. Existing law
provides that any valid domestic violence protection order issued by a court of another
state, a tribe, or a military tribunal, shall be accorded “full faith and credit” by the courts
of this state (California), and its terms enforced in the manner and to the extent of a
protection order issued in this state. This legislation enacts the Uniform Interstate
Enforcement of Domestic Violence ‘Protection Orders Act, which authorizes the
enforcement of a valid foreign protection order in a tribunal of the state under certain
conditions. This measure requires a law enforcement officer of this state to enforce a
foreign support order upon determining that there is probable cause that a foreign order
exists. Also, this legislation specifies that registration or filing an order in this state is not
required for enforcement of a valid order.
286. Criminal Restitution. AB 1003 (Frommer), Chapter 200, Statutes of 2001. Currently,
any compensatory or punitive damages awarded by trial or settlement to a prisoner in
connection with a civil action brought against a federal, state, or local jail, prison, or
correctional facility, or its official agent, excluding attorney’s fees, must be paid directly
to satisfy outstanding restitution orders or fines. This measure allows the Director of
Corrections to deduct and retain an administrative fee of five percent of the amount paid
from a settlement or trail award of a parolee to satisfy an outstanding restitution order.
This measure replaces the term “prisoner” with “inmate or parolee.” As written, this
measure simply recognizes that the collection of restitution from an offenders legal
settlement should not be affected by whether an offender is in prison or on parole, since
in both circumstances they remain under the jurisdiction of the Director of Corrections.
a 287. Sex Offender Registration. AB 1004 (Bates), Chapter 485, Statutes of 2001. Existing
law requires specified sex offenders to register with the chief of police, the sheriff, or
chief of police of the collegiate campus of the city in which he or she is residing, or if he
LCC Legislative Report - 1 l/O1 Statutes of 2001
or she has no residence, in which he or she is located. Existing law also requires that if
the person who is registering has no residence tiddress (transient), he or she regularly
update his or her registration no &s than once every 90 days This measure nzquinzs
an individual who is required by law to register with local police due to classification as a
transient sex offender to register every 60 days, rather than 90 days.
288. Child Pornography. AB 1012 (Corbett), Chapter 559, Statutes of 2001. Under existing
law, possession of child pornography is a misdemeanor and is a felony if the individual
has been previously convicted of possession of child pornography. This measure
makes possession of child pornography a felony if a person has a prior conviction for
specified offenses, including possession of child pornography, sale, distribution or
production of matter depicting sexual conduct by a minor, and use of a minor to produce
matter depicting sexual contact by a minor. Therefore, this legislation expands the list of
prior sexual offense convictions that trigger felony punishment for possession of child
pornography.
289. Victirne of Crime. AB 1017 (Jackson), Chapter 712, Statutes of 2001. Existing law
provides for the indemnification of victims and derivative victims of specified types of
crimes, for certain expenses for which the victim or derivative victim has not been and
will not be reimbursed from any other source. A ‘derivative victim” is defined for these
purposes as a resident of the state who meets additional criteria, and may include
parent, sibling, spouse, or child of the victim. Indemnification is made under these
provisions from the Restitution Fund, which is continuously appropriated to the California
Victim Compensation and Government Claims Board for these purposes.
The legislation makes a number of changes to the eligibility and reimbursement
provisions of the Victims of Crime Program: 1) clarifies that child victims as well as adult
victims of domestic violence and other crimes may receive relocation expenses, with a
limit of $2,000 per family; 2) clarifies that victims of domestic violence may receive
relocation expenses for deposits of first and last month’s rent and/or a security deposit
not to exceed $2,000; 3) allows the Board to provide mental health counseling benefits
to victim’s family members who reside outside the United States at the time of the crime;
4) provides reimbursement for costs associated with crime scene cleanup to a victim or
derivative victim when the homicide occurs in a residence; amount not to exceed
$1,000; 5) allows the Board to accept an application for Victims of Crime Program
benefits filed by or on behalf of a derivative victim at any time the timely filing of an
application by or on behalf of a victim of the same qualifying crime; 6) clarifies current
law regarding vehicle conversion costs to more accurately reflect the Board’s existing
policy; and 7) includes grandparents and grandchildren as derivative victims eligible for
idemnification of specified expenses.
290. Driving Under the Influence. AB 1078 (Jackson), Chapter 849, Statutes of 2001.
Existing law makes it a public offense, punishable as either a misdemeanor or felony, if
a person is convicted of specified driving under the influence offenses (DUI) that occur
within ten years of, among other offenses, gross vehicular manslaughter while
intoxicated or felony vehicular manslaughter. This legislation deletes the ‘lo-year” provision thereby enhancing the DUI penalty without regard to time between the DUI
and any other offense(s). The measure also provides for revocation of the driver’s
license for persons so convicted.
LCC Legislative Report - 1 l/O1 77 Statutes of 2001
291. Domestic Violence. SB 66 (Kuehl), Chapter 572, Statutes of 2001. Existing law,
contained in the Dmmstic Vialence preverrtion Act, authorizes the court to issue a
protective order, either ex parte or after a hearing, to restrain any person to prevent a
recurrence of domestic violence. This measure requires that courts perform a search of
specified records to determine if an individual who is scheduled for or who has
undergone a hearing for domestic violence behavior has any donviction for a violent
felony, a serious felony, or any misdemeanor conviction involving domestic violence,
weapons, or other violence; any outstanding warrant; parole or probation status; any
prior restraining order; and any violation of a prior restraining order. The legislation
further requires the court, in determining whether to issue an order, to consider only
specified information revealed by the search and to release this information to the
parties, or upon either party’s request, to their attorneys.
This measure requires the district attorney or prosecuting city attorney, on any charge
involving acts of domestic violence, to perform or cause to be performed a thorough
investigation of the defendant’s history, including the search of specified data bases,
and to present this information for consideration by the court when setting bond or when
releasing a defendant on his or her own recognizance at the arraignment, if the
defendant is in custody, and upon consideration of any plea agreement.
292. Unattended Children. SB 255 (Speier), Chapter 855, Statutes of 2001. Existing law
makes it a crime for any person, under circumstances or conditions likely to produce
great bodily harm or death, to willfully cause or permit spy child to suffer, or inflict
thereon unjustifiable physical pain or mental suffering, or having the care of custody of
any child, willfully cause or permit the person or health of that child to be injured, or
willfully cause or permit that child to be placed in a situation where his oar her person or
health is endangered. This legislation makes it an infraction, punishable by a fine of
$100, for the parent, legal guardian, or other person responsible for a child who is six
years of age or younger to leave that child inside a vehicle without supervision by a
person of at least 12 years of age, and where there are significant health risks, the
vehicle’s engine is running or the keys are in the ignition. This measure authorizes the
court to reduce dr waive the fine if the defendant is economically disadvantaged and
attends a community education program. This measure requires 70 percent of revenue
collected from fines imposed under these provisions by the county treasurer to the
county or city health department where the violation occurs, to be used for the
development and implementation of community education programs on the dangers of
leaving young children unattended in motor vehicles; 15 percent to the city or the county
for administration, from which will be paid the cost to the county for accounting services;
and 15 percent to the city general fund if the crime occurs in an incorporated area.
293. Switchblade Knives. SB 274 (Kamette), Chapter 128. Statutes of 2001. Existing law
provides that possession or transfer, of a switchblade knife, as defined, is a
misdemeanor. Existing law also provides that the definition of “switchblade knife” does
not include a knife that is designed to open with one hand utilizing thumb pressure
applied solely to the blade of the knife or a thumb stud attached to the blade. This
legislation redefines “thumb opening” knives that are not prohibited switchblade knives.
Such knives are not prohibited in California if the knife opens by thumb action and has a
LCC Legislative Report - 1 l/01 78 Statutes of 2001
mechanism that requires the user to overoome resistance to open the blade, or one that
directs the blade back towards its closed position.
294. DNA Data Base. SB 297 (Speier), Chapter 467, Statutes of 2001. Existing law
requires that the Department of Justice (DOJ) develop a DNA database for all cases
involving the report of an unidentified deceased person or a high-risk missing person, as
defined. Existing law requires that the database be comprised of DNA data from genetic
markers that are appropriate for human identification, but have no capability to predict
biological function. Under existing law, the DOJ is directed to compare DNA samples of
unidentified deceased persons with those of high-risk missing persons. Existing law
requires that all DNA samples extracted from a living person be destroyed after a
positive identification is made and a report issued. This legislation allows the DOJ to
include in the database, DNA data from genetic markers that predict gender. This
measure waives the requirement that a DNA sample from a living person and any profile
* be destroyed after a positive identification is made and a report is issued in specified
situations where the DNA sample may be required for a criminal investigation to
determine whether an identified person’s death has been occasioned by criminal means
or where a government agency is required to retain the sample while a person is
incarcerated in connection with a case for which the DNA sample was obtained.
0 295. Victims of -Crime. SB 551 (Machado), Chapter 346, Statutes of 2001. Umency.
Existing law provides for the indemnification of victims and derivative victims of specified
types of crimes for specified expenses that become necessary as a direct result of the
crime. Indemnification is made under these provisions from the Restitution Fund, which
is continuously appropriated to the California Victim Compensation and Government
Claims Board for these purposes. This legislation allows the State Victims
Compensation and Restitution Board, until January 1, 2004, to provide reimbursement
up to $2,575,000 for group mental health counseling for people suffering trauma as a
result of terrorist acts, including incidents involving the use of weapons of mass
destruction against the United States. Additionally, this measure allows the Board to
provide assistance to California resident family members of victims of the terrorist
attacks on September 11 for monetary losses, and also authorizes the Board to
reimburse members of California search and rescue teams dispatched to the attack for
mental health counseling expenses up to $10,000. This legislation also allows the
Board to make a one-time allocation of $l,OOO,OOO to the New York Victim
Compensation Fund.
296. Constitutional Rights. SB 780 (Ortiz), Chapter 899, Statutes of 2001. Existing
provisions of federal law makes it a crime and provides a civil remedy for the
commission of certain activities that interfere with a person’s access to reproductive
health services facilities or with a person’s participation in religious services or that
damage or destroy property of a reproductive health facility or place of worship. This
measure requires a court in proceedings regarding the prohibited acts to take all actions
reasonably required to protect the safety and privacy of the parties, witnesses and
persons who are victims, or at risk of becoming victims, of the prohibited activities. This
measure allows specified persons to use pseudonyms in civil actions related to
prohibited acts. It authorizes as remedies in the civil action injunctive relief,
compensatory and punitive damages, attorney’s fees, costs of the suit, and statutory
damages. This legislation authorizes the Attorney General, a district attorney, or a city
LCC Legislative Report - 1 l/O1 79 Statutes of 2001
attorney, to file an action to enjoin prohibited acts, for compensatory damages to
persons aggrieved by prohibited acts, and for civil penalties. The legislation requires the
Atturney Genewf to assume specified duties refated to planning information gafhering,
and analysis with respect to anti-reproductive-rights crimes. The measure also requires
the Attorney, General to submit various reports on this issue to the Legislature. It
requires the Commission on Peace Offtcer Standards and Training to develop a training
course on anti-reproductive-rights crimes. This measure provides the requirements for
information gathering, reporting, planning, and course development related to anti-
reproductive-rights crimes be repealed on January 1, 2007.
297. Juveniles. Disclosure of Information. SB 940 (Senate Judiciarv Committee),
Chapter 830, Statutes of 2001. Existing law provides for the protection and safety of
minors under the jurisdiction of the juvenile court. Existing law further requires juvenile
courts and other public agencies responsible for administering the juvenile court law to
consider the protection of the public, the importance of providing redress for victims, and
the best interests of minors subject to these provisions. This measure requires juvenile
court judges to take into consideration the recommendations contained in the Standards
of Judicial Administration (SJA), which recommends a leadership role for juvenile court
judges in the development and coordination of services and resources for at-risk youth
and their families. It requires that the probation department, when a child has been
declared a ward for 15 of the most recant 22 months, to follow existing procedures to
terminate parental rights, unless probation makes a compelling case othennrise.
298. Vehicle Impoundment. AB 360 (VVesson), Chapter 480. Statutes of 2001. Existing law
allows peace officers to impound vehicles driven by persons whose driving privileges
are suspended or revoked or who have never been issued a driver’s license. Under
existing law, the agencies that impound vehicles are required to notify the legal owner of
an impounded vehicle that his or her vehicle has been impounded. Existing law further
provides that the registered owner of an impounded vehicle is entitled to a hearing
regarding the validity of, and any mitigating circumstances attendant to, the storage of
the impounded vehicle. Existing law also requires that, under specified circumstances,
impounding agencies release impounded vehicles to registered owners within 30 days
of impoundment. This legislation requires impounding agencies to have a published
telephone number that provides information 24 hours a day regarding vehicle
impoundment and the rights of registered owners to request a hearing regarding the
storage of their vehicles. This measure requires that an impoundment agency release
an impounded vehicle to the registered owner within 30 days of impoundment if the
vehicle was seized for an offense that does not authorize seizure, or when the driver
reinstates his or her driver’s license or acquires a driver’s license or acquires a driver’s
license and proper insurance.
299. Victims of Crime. Extension of Filing Period. AB 409 (Correa), Chapter 552,
Statutes of 2001. Existing law provides for the indemnification of victims and derivative
victims of specified types of crimes from the Restitution Fund, which is continuously
appropriated to the California Victim Compensation and Government Claims Board.
Additionally, existing law requires the victim to file within one year of the crime or date
the victim turns 18. Certain circumstances warrant an extension to three years and an
additional extension for good cause. This legislation authorizes an additional extension
for filing an application for assistance from the victims’ Restitution Fund for the victim or
LCC Legislative Report - 1 l/O1 80 Statutes of 2001.
derivative victim of a crime for which the perpetrator or perpetrators received a death
sentence of life without the possibility of parole. This legislation extends the provision
regarcling the extension to January t, 2004.
300. California Victims Compensation and Government Claims Board. AB 431
(Assemblv Committee on Budnet), Chapter 81, Statutes of 2001. Uroency. Under
current law, claims against the state must be presented to the California Victims
Compensation and Government Claims Board (CVCGCB). If the CVCGCB approves a
claim and funding is available, it then is paid from the budget of the agency against
which the claim is made. If the agency is not adequately budgeted to pay the claim, or
the state has no legal liability but the CVCGCB approved the claim in “equity,” it is
placed in one of the two annual claims bills. This legislation appropriates
$1,237,186.25 from various funds and accounts to the Executive Officer of the California
Victim Compensation and Government Claims Board for the payment of 285 claims
against 39 state departments. (The other CVCGCB claim for the 2001-02 fiscal year is
contained in SB 989 - see below).
*’ 301. Domestic Violence. AB 469 (Cohn). Chapter 483, Statutes of 2001. Existing law
requires peace officers at the scene of a domestic violence incident involving a threat to
human life or a physical assault to take temporary custody of any firearm or other deadly
weapon in plain sight or discovered pursuant to a consensual search as necessary for
the protection of the peace officer or other persons present. Existing law requires each
law enforcement agency to develop a system for recording all domestic violence-related
calls for assistance made to the department including whether weapons are involved.
All domestic violence-related calls for assistance will be supported with a written incident
report, identifying the domestic violence incident, This legislation requires a law
enforcement officer who responds to the scene of a domestic violence related incident
to prepare a domestic violence report that notes whether a firearm or other deadly
weapon was present at the location. This legislation clarifies that a peace officer may
only inquire if a firearm is present when the peace officer finds it necessary for the
protection of the peace officer and others present. It also requires the law enforcement
officer to make a reasonable attempt to confiscate the firearm.
302. Criminal Procedure. AB 477 (Cohn), Chapter 82, Statutes of 2001. Existing law
provides that, unless a showing of necessity is made, a person charged with a
misdemeanor offense involving domestic violence may appear by counsel only for the
purpose of service of a protective order. The measure requires that persons accused of
misdemeanor offenses involving domestic violence be present for arraignment and
sentencing.
303. Juveniles. Booking. AB 701 (Dickerson), Chapter 334, Statutes of 2001. Welfare and
lnstitutions Code 625 provides the authorization for a peace officer to take a minor into
temporary custody if there is reasonable cause. to believe that the minor violates a state
or federal law or local ordinance, is a ward of the juvenile court, or is found sick on the
street. An officer who takes a minor into temporary custody under the provisions of
Welfare and Institutions Code 625 may do any of the following: a) release the minor; b)
deliver or refer the minor to a public or private agency with which the city or county has
an agreement or plan to provide shelter care, counseling, or diversion services to minors
so delivered; c) prepare a notice to appear before the county probation officer that
LCC Legislative Report - 1 l/O1 81 Statutes of 2001 *
includes a concise statement regarding the reason the minor is in custody. The written
notice to appear may require that the minor be fingerprinted, photographed, or both,
upon the minor’s appearance before the probation oficer, if the minor violates any
federal or state law or local ordinance (with the exception of violating a curfew
ordinance) and he or she was taken into custody upon reasonable cause for the
commission of a felony; and d) take the minor without unnecessary delay before the
probation officer of the county in which the minor was taken into custody, or in which the
minor resides.
304. High Technology Theft Apprehension and Prosecution Program. AB 821
(Simitian), Chapter 556, Statutes of 2001. Existing law establishes the High Technology
Theft Apprehension and Prosecution Program Trust Fund and specifies how monies in
the fund may be used. This legislation permits the Office of Criminal Justice Planning to
allocate and award up to 5 percent of the funds available from the trust fund to public
agencies or private nonprofit organizations for the purposes of establishing statewide
programs of education, training, and research for public prosecutors, investigators, and
law enforcement officers for law enforcement duties related to high-tech crimes. This
measure cleans up provisions in various code sections that are, nonsubstantive
changes to clarify and update specific provisions of the Business and Professions Code,
Evidence Code, Government Code, Health and Safety Code, Penal Code, Revenue and
Taxation Code, Vehicle Code, and Welfare and institutions Code.
P 305. Automated Enforcement Systems. SB 667 (Peace), Chapter 496, Statutes of 2001.
Existing law authorizes government agencies, in cooperation with law enforcement
agencies, to operate automated enforcement systems that photographically record a
driver’s response to an official traffic control signal and is designed to obtain a clear
photograph of the vehicle’s license plate and the driver of the vehicle. This legislation
requires at each intersection at which there is an automated enforcement system in
operation, the minimum yellow light change intervals to be established in accordance
with the Traffic Manual of the Department of Transportation. This measure provides that
for purposes of this legislation only, any confidential information obtained from the
Department of Motor Vehicles for the administration or enforcement of this article must
be held confidential, and may not be used for any other purpose.
306. Bribery. Punishment. SB 923 (McPherson), Chapter 282, Statutes of 2001. Existing
law makes it a crime punishable by imprisonment in the state prison for two, three, or
four years for any executive or ministerial officer, employee or appointee of the State of
California, county or city political subdivision of this state or any member of either of the
houses composing the Legislature of this state or any judicial officer, juror, referee,
arbitrator, or umpire, and any person authorized by law to hear or determine any
question or controversy to ask, receive, or agree to receive, any bribe under specified
circumstances. This legislation enhances the existing penalty such that in cases where
a bribe is not actually received, a tine of at least $2,000 and less than $10,000 must be
paid. In cases where a bribe is received, the fine paid must equal the amount of the
bribe or $2,000, whichever is greater, or any amount not more than double the amount
of the bribe or $10,000, whichever is ,greater.
307. California Victims Compensation and Government Claims Board. SB 989 (Senate
Appropriations Committee), Chapter 47, Statutes of 2001. Umency. Under current law,
LCC Legislative Report - 1 l/01 82 Statutes of 2001
claims against the state must be presented to the California Victims Compensation and
Government Claims Board (CVCGCB). If the CVCGCB approves a claim and funding is
availabte, it then is paid from the budget of the agerrcy against which the ctaim is made.
If the agency is not adequately budgeted to pay the claim, or the state has no legal
liability but the CVCGCB approved the claim in “equity,” it is placed in one of the two
annual claims bills. This legislation appropriates $859,205.35 for the payment of 476
claims against 41 state departments.
FIREARMS
L 308. Firearms Licensing. AB 35 (Shelley), Chapter 940, Statutes of 2001. This legislation
establishes a statewide handgun safety certificate program that requires any person
who wants to purchase or otherwise transfer a concealable firearm to obtain a Handgun
Safety Certificate. [See SB 52 for further description.]
309. Firearms. SB 9 (Soto), Chapter 126, Statutes of 2001. Existing law establishes the
crime of criminal storage that arises when a person keeps any loaded firearm within any
premises that is under his or her custody or control and he or she knows or reasonably
should know that a child under 16 is likely to gain access without permission of the
child’s parent of legal guardian, that person will be liable if the child commits bodily
injury, death, or any other injury. This legislation raises the relevant age identified in the
crime of criminal storage from 16 to 18. This legislation also provides that when a
person keeps a pistol, revolver, or other concealable firearm within any premises that
are under his or her custody or control and he or she knows or reasonably should know
that a child under the age of 16 years is likely to gain access to that firearm without
permission, and the child obtains access to the firearm and carries it off-premises is
guilty of a misdemeanor and subject to an additional fine of up to $5,000, or both that
imprisonment and fine.
310. Firearms. Licensing. SB 52 (Scott), Chapter 942, Statutes of 2001. This legislation,
effective January 1, 2003, repeals the Basic Firearms Safety and Certificate (BFSC)
program administered by the Department of Justice (DOJ) and replaces it with a
Handgun Safety Licensing Program funded from fees. No person may purchase,
receive, transfer, or sell a handgun without a valid Handgun Safety Certificate (HSC)
issued by the DOJ. In order to obtain the HSC, one must pass a DOJ sponsored written
test, including safe handling and storage, use of force, and injury prevention strategies.
Additionally in order to receive an HSC, one must successfully complete a safe-handling
demonstration by a DOJ certified instructor. DOJ is responsible for: a) developing the
course content and instructional materials in English and Spanish for the HSC course
and update materials every five years; b) developing an instructional manual and
audiovisual materials for HSC instructors certified by DOJ, and make the instructional
manual available to gun dealers who must make it available to the public; c) prescreen a
minimum level of skill, knowledge, and competency for all HSC instructors, and develop
and provide guidelines o be used to certify instructors; and d) solicit input in the
development of the HSC course from reputable associations or organizations that
promote gun safety. At the time of purchase, the individual must provide a name, date
of birth, and California driver’s license or other identification. This measure provides
that an HSC expires every five years, and a renewal applicant must again pass a written
test.
LCC Legislative Report - 1 l/01 83 Statutes of 2001
311. Weapons. SB 626 (Perat& Chapter 937. Statutes of 2001. Existing law, except as provided, generally prohibits the manufacturing, causing to be manufactured,
importation into the state, keeping, offering or exposing for sale, giving, or lending of
various weapons, including any large-capacity magazine. This measure amends the
existing restrictions on large-capacity firearms magazines to 1) specifically allow the
manufacture in California for persons or entities which are otherwise exempted from the
existing restrictions on importation, purchase, sale, and use; and 2) exempt tubular
magazines in lever-action firearms from the definition of restricted magazines. This
measure also adds exemptions for specified sworn law enforcement officers to buy and
possess assault weapons.
312.
“u 313.
Firearms. SB 294 (Scott). Chapter 138, Statutes of 2001. Existing law authorizes the
Department of Justice (DOJ) to inspect firearm dealers and to charge a fee not to
exceed $85 to cover the cost of these inspections. If the dealer is located in a
jurisdiction that currently has an inspection program, the dealer is exempt from a portion
of the fee. Dealers are also required to post language providing notice of statutory
liability for failure to adequately secure firearms from access to minors. This legislation
increases the maximum annual fee to $115 that the DOJ may assess firearms retailers
to cover the reasonable cost of inspections for compliance with various statutory
requirements. This is conforming to the Budget Bill action that increased appropriation
by $84,000 from the Dealer Record of Sale Account to expend the additional fee
revenue. Along with a $243,000 appropriation in the 2001-02 Budget Act, DOJ will be
able to increase the frequency of dealer inspections from once every 3.5 years to once
every 1.75 years. In addition, the measure adds clarifying language required to be
displayed by firearm dealers.
This legislation also requires the California Victim Compensation and Government
Claims Board to establish up to five Victim Recovery, Resource and Treatment
programs. This measure requires each site to provide a crime scene mobile outreach
team; community-based outreach, and services to family members of homicide victims.
This legislation requires programs to serve populations of crime victims whose needs
are not currently being met, including individuals who are not aware of the breadth and
range of services available to crime victims, victims who reside in communities with
limited services, and disabled victims.
Firearms. SB 950 (Brulte), Chapter 944, Statutes of 2001. Existing law establishes
various automated information systems in regard to the transfer and possession of
firearms, and persons who are prohibited from owning or possessing firearms. This
legislation requires the Attorney General to establish and maintain an online database to
be known as the Prohibited Armed Persons File that will go into effect on July 1, 2003
contingent upon an appropriation in the 2002-03 Budget Act to the State Department of
Justice (DOJ) for this purpose. The purpose of the file is to cross-reference persons
who have ownership or possession of a firearm on or after January 1, 1991, as indicated
by a Dealers’ Record of Sale recorded in the Automated Firearms System, and who,
subsequent to the date of that ownership is prohibited from owning or possessing a
firearm. This legislation provides that, where DOJ enters the name of a person
prohibited from owning a firearm into any automated information system, the department
shall determine if the subject has an entry in the Automated Firearms System indicating
LCC Legislative Report - 1 l/O1 84 Statutes of 2001
ownership or possession of a firearm on or after January 1, 1991, or an assault weapon
registration. This measure provides that, where DOJ finds that a person in a prohibited
class has been involved in the transfer of a firearm or the registration of an assault
weapon, DOJ shall enter the following information about the person in the Prohibited
Armed Persons ‘File: 1) name, date of birth, physical description, other necessary
identifying information; 2) basis of any firearm restriction; and 3) description of any
firearms owned by the person. DOJ will then transfer the file to lodal law enforcement
for further investigation and confiscation of the firearm.
FIRE PROTECTION
314. Thermal-Imaging Equipment. AB 70 (Wright), Chapter 837. Statutes of 2001.
Existing law authorizes the Office of Emergency Services to acquire new or Urcrency.
used firefighting apparatus and equipment for resale to local agencies and to provide
other assistance to agencies for the acquisition of firefighting apparatus and equipment.
This legislation establishes the thermal imaging equipment purchasing program in the
Cffice of Emergency Services (OES) and also creates an advisory committee to develop
specifications and information to facilitate the purchase of thermal imaging equipment at
competitive rates. The Governor’s signing message instructs OES to begin establishing
the program within existing resources. This legislation requires any participating local
agency to pay % of the price of equipment purchased on its behalf by the state. Also,
this measure requires the Director of OES to seek funding from the private sector, grant
programs, and other appropriate sources.
ALCOHOLIC BEVERAGES
.o 315. Alcoholic Beverages. Licenses. AB 624 (Oropera), Chapter 931, Statutes of 2001.
Both the State Constitution and the Alcoholic Beverage Control Act generally prohibit
local governments from regulating the sale of alcoholic beverages within their
jurisdictions. The Alcoholic Beverage Control Act authorizes the Department of
Alcoholic Beverage Control (ABC) to impose reasonable conditions on the exercise of
retail privileges under the Act as may be needed in the interest of the public health,
safety, and welfare. The ABC may impose conditions on certain license transfers at the
request of a local governing body in whose jurisdiction the license is located. This
legislation extends the amount of time from 30 to 40 days that a local government has to
request the imposition of conditions after the ABC mails notice of an alcoholic beverage
license transfer request, if the license to be transferred is located in an area of “undue
concentration.” (Undue concentration refers to the concentration of criminal behavior
within a given crime-reporting district and the number of alcoholic beverage licenses per
capita in the district in relation to the number of licenses per capita in the county.)
Additionally, this measure allows ABC to analyze the data of a crime-reporting district
within 100 feet of the boundaries of an adjacent district and use an average of reported
crimes in the crime reporting district in which a proposed premises is located or in the
adjacent reporting district. Also, this measure requires the applicant for a retail license
to mail notification of the application to every property owner (as opposed to tenants
only) within a 500 foot radius of the premises of the proposed retail outlet. Finally, this
legislation requires ABC to develop bilingual notices in English and Spanish regarding
issuance of alcoholic beverage licenses.
LCC Legislative Report - 1 l/O1 85 Statutes of 2001 * -
316. Alcoholic Beverages. Licensees. Advertising Restrictions. SB 647 (Costa),
Chapter 582. Statutes of 2001. Existing law generally prohibits a manufacturer of
alcoholic beverages and a winegmwer from paying, c&iting, or compensating a retaVer
for advertising or pay or giving anything of value for the privilege of placing a sign or
advertisement with a retail licensee. It authorizes, as an exception, the holder of a beer
manufacturer’s or winegrower’s license, or a distilled spirits manufacturer or a distilled
spirits agent, to purchase advertising space and time from, or on behalf of, an on-sale
retail licensee, under certain conditions, if ‘the on-sale retail licensee is the owner,
manager, agent, assignee, or major tenant of a specified facility. This legislation
extends additional exceptions to a number of selected facilities throughout the state.
317. Department of Alcoholic Beverage Control. AB 1298 (Wesson, Oropeza), Chapter
488, Statutes of 2001. The Department of Alcoholic Beverage Control (ABC) is a
special fund department responsible for regulating over 70,000 licensees throughout
California and investigating over 10,000 new and transfer applications each year. The
ABC is supported solely by license fees imposed upon manufacturers, distributors and
retailers of alcoholic beverages. This legislation addresses a potential funding shortfall
at ABC by: 1) phasing in a $7.5 million license increase over a three-year period
beginning January 1, 2002; and 2) allowing ABC to adjust its license fees starting in the
year 2005 by an inflation factor based on the Consumer Price Index. Both of these
provisions will ,generate sufficient revenue for ABC to consistently meet its statutory
obligations and also establish a reasonable reserve.
GAMING
318. Banking Game. AB 54 ONesson), Chapter 941, Statutes of 2001. This legislation is a
clean up to AB 1416 (Wesson; Chapter 1023, Statutes of 2000), which referred to a
“banking game” or “banked game” a’s one in which the bank serves as the ultimate
source and repository of funds, dwarfing that of all other participants in the game.
Therefore, AB 1416 incorrectly suggests that the character of a game as a ‘banking
game’ is dependent on the size of the bank in comparison with the resources of the
other participants, rather than the possibility that a participant with any amount of capital
may function as a bank. AB 1416 exempts from the banking game prohibition those
games with rules that feature a player-dealer position that continuously and
systematically rotates amongst each of the participants in the game. The person
occupying the player-dealer position may only win or lose a fixed and limited wager
during the play of the game, and a player, the house, or another entity is precluded from
maintaining or operating as the bank during the course of the game. This measure
deletes the statutory definition of what constitutes a banking game or banked game as
provided in AB 1416 and retains the exemption described above. In so doing, this
measure defers to case law to define a “banking game” or “banked game,” and
conversely continues to define in statute what a banking or banked game is not.
319. Gaming. AB 66 (Wesson), Chapter 23, Statutes of 2001. Umency. This legislation
appropriates $219,000 from the Gambling Control Fund (GCF) for support of the
California Gambling Control Commission (CGCC) in augmentation of the Budget Act of
2000. This legislation also appropriates $1,131,000 from the Indian Gaming Special
Distribution Fund (IGSDF) for support of the California Gambling Control Commission.
IGSDF’s portion is in the form of a loan from the General Fund, and is required to be
LCC Legislative Report - 1 l/01 86 Statutes of 2001
paid back with interest by June 30, 2003. The CGCC is a five-member panel appointed
by the Governor and approved by the Senate with jurisdiction over the operation of card
ctubs and of afl persons or things having to do with the operatiarr of card clubs. The
CGCC also administers the Indian Gaming Revenue Sharing Trust Fund and distributes
money from slot machine license fees paid by tribes with gaming operations to non-
compact tribes in accordance with provisions of the tribal-state gaming compacts. The
IGSDF is used for receipt and deposit of monies received by the state from Indian tribes
pursuant to the terms of tribal-state gaming compacts and is primarily intended to
compensate the state for regulatory costs related to the implementation of the tribal-
state gaming compacts, and also for support of state and local government agencies
impacted by tribal government gaming.
320. Gambling Establishments. AB 1217 (Brings), Chapter 254, Statutes of 2001. Existing
law permits a licensed gambling establishment to exclude various persons, as specified,
from their licensed premises. The measure grants gambling establishments immunity
from civil liability for a mistake as to the grounds for ejecting or excluding a person from
their premises, if the ejection or exclusion was based on a reasonable and good faith
belief, after a reasonable investigation, that they may do so under the law. The
gambling establishment shall not be immune from liability for damages arising from the
means of ejection or exclusion.
EMERGENCY SERVICES
321. Emergency Response Pilot Projects. AB 1376 (Wyman), Chapter 462, Statutes of
Existing law requires the Department of Transportation and local authorities in 2001.
their respective jurisdictions, to place and maintain, or cause to be placed and
maintained, appropriate signs, signals, and other traffic control devices. This legislation
requires that a specified research program related to traffic signal override systems be
conducted. Specifically, this legislation requires the Department of Transportation, in
cooperation with cities with traffic signal override systems, to apply to the United States
Secretary of Transportation for federal funding to conduct a research program in one or
more cities to test the effectiveness of the installation of signal emitters and sensors in
emergency response vehicles in reducing accidents and injuries.
\ 322. Office of Emergency Services. AB ‘1432 (Corbett), Chapter 822, Statutes of 2001.
The Natural Disaster Assistance Act authorizes the Director of Emergency Services to
allocate funds appropriated for the purpose of the act for various local agency and state
costs. Among the costs that may be provided for are local agency personnel costs
eligible for funding or reimbursement under specified provisions of federal law, excluding
normal hourly wage costs of regularly assigned emergency services and public safety
personnel costs to repair, restore, reconstruct, or replace facilities belonging to local
agencies damaged as a result of natural disasters; and indirect costs as defined by a
specified federal publication. This legislation allows the Cffice of Emergency Services to
fund local agency personnel costs, equipment costs, and the cost of supplies and
materials used during disaster response activities incurred as the result of a state of
emergency proclaimed by the Governor, excluding the normal hourly wage costs of
employees engaged in emergency response activities. This measure also extends the
operation of the Disaster Response-Emergency Operations Account until July 1, 2003,
and also extends the repeal date of these provisions until January 1, 2004. The Director
LCC Legislative Report - 1 l/O1 87 Statutes of 2001
323.
s of Finance is authorized to allocate funds from this account for disaster operation costs
incurred by state agencies as a result of a state of emergency proclamation by the
Governor.
Emergency Medical Services. AB 559 ONionins), Chapter 458. Statutes of 2001.
Existing law authorizes a pharmacy to furnish a dangerous drug or dangerous device to
a licensed health care facility -for storage in a specified manner. This legislation
authorizes a pharmacy to issue epinephrine auto-injectors to a school district or county
office of education, and requires the school district to maintain records regarding
acquisition and disposition for three years from the date the records were created. This
legislation also authorizes each school district and county office of education to
voluntarily determine whether to make epinephrine and trained personnel available for
administration of such medication to students suffering from anaphylactic shock.
“Anaphylaxis” means a potentially life-threatening hypersensitivity to a substance.
Symptoms of anaphylaxis may include shortness of breath, wheezing, difficulty
breathing, difficulty talking or swallowing, hives, itching, swelling, shock, or asthma.
324. Health. Budget Implementation. AB 430 (Cardenas), Chapter 171, Statutes of 2001.
Urqency. Under existing law, the Emergency Medical Services System and the
Prehospital Emergency Medical Care Personnel Act, each county may designate an
emergency medical services agency for the establishment and administration of an
emergency medical services (EMS) program in the county. The local EMS agency is
authorized to implement a trauma care system if the system meets the minimum
standards set forth in the regulations for implementation established by the authority and
the authority has approved the plan. This omnibus health trailer legislation makes
necessary changes to implement the Budget Act of 2001. Specifically, the legislation: 1)
establishes the Trauma Care Fund (TCF) and requires all monies deposited in the fund
to be allocated to local Emergency Medical Services (EMS) agencies for distribution to
local Emergency Medical Services agency-designated trauma centers. The fund will be
continuously appropriated without regard to fiscal years to the authority for specified
purposes. This measure requires the authority to develop criteria for the standardized
reporting of trauma patients to local trauma registries and requires all local EMS
agencies to utilize the criteria for reporting trauma patients to the local trauma registries
by July 1, 2003. This measure requires that any trauma center that receives funding
pursuant to this legislation agrees to remain a trauma center through ‘June 30 of the
fiscal year in which it receives funding, or if it ceases to exist, reimburse the fund by a
specified formula. This measure permits each local EMS agency that does not have an
existing trauma care plan to submit proposals for funding for their preparation of a
trauma care system plan to the authority by January 15, 2002. Also this measure
authorizes the authority to retain from any state appropriation up to $107,000 to
implement these provisions; 2) repeals the General Fund $120,000 expenditure
limitation on the EMS Children Program; 3) provides Proposition 99 funding to
emergency room physicians and for emergency room services; and 4) creates the
Tobacco Settlement Fund (TSF) and speciftes that in the 2001-02 fiscal year, and
thereafter, the total amount received as the state’s share pursuant to the tobacco
litigation Master Settlement Agreement shall be deposited in that fund. The measure
specifies that distribution of the funds from the TSF shall be made by annual
appropriation of the Legislature and used for health purposes.
LCC Legislative Report - 1 l/O1 88 Statutes of 2001.
Xl. PUBLIC WORKS, PUBLIC CONTRACTS
PUBLK: WORKS
325. Contractors. Works of Improvement AB 1534 (Lonnville), Chapter 823, Statutes of
Prior to this legislation, contractors seeking payment from project owners could 2001.
pursue two avenues, mechanics’ license or a stop notice. This legislation was
introduced to address problems stemming from. the California Supreme Court’s decision
in Wm. R. Clarke Core. v. Safeco Insurance Company (1997) where the Court held that
“pay-if-paid” clauses in contracts between general contractors and subcontractors were
not enforceable. Thus, this measure was introduced to reduce the financial exposure of
general contractors in the event of a project owner’s failure to pay. This legislation
requires an owner of property who contracts for a work of improvement, construction,
alteration, addition to, or repair of the property to provide one of three types of financial
” security for a project if: a) the owner has a fee simple absolute interest in the property
and the amount of the contract is more than $5 million, or b) the owner has less than a
fee simple absolute interest in the property and the amount of the contract is more than
$1 million. This would not apply to public works, construction of single-family
residences, or certain qualified publicly traded or private companies. The financial
security provided would be used only when the owner defaults on contractual
obligations. .-This legislation requires that if a construction loan is used to finance a
project, the project owner must provide the original contractor with a certified copy of the
mortgage or deed that discloses the amount of the loan.
326. Contractors. SB 135 (Fioueroa), Chapter 494, Statutes of 2001. Prior to this
legislation, the Contractors State License Board (CSLB) could not disclose complaints
prior to referral for legal action, and once legal action had been taken there was no limit
on how long the CLSB disclosed the action. This legislation is meant to benefit the
consumer by providing more timely and accurate information, and to benefit the
contractor by setting forth time limitations on the disclosure of complaints and legal
actions. This measure requires, on July 2002, that the Registrar at the CSLB make
available to the public the date, nature and status of all complaints and accusations on
file that have been referred for an investigation due to a probable violation, that if proven
would be appropriate for suspension or revocation of the contractor’s license or criminal
prosecution. Disclosures will be limited to: a) citations from the date of issuance and for
five years after compliance; b) accusations resulting in license suspension or revocation
for seven years after settlement, commencing on the filing date of the accusation; and c)
revocations that are not stayed will be disclosed indefinitely. Additionally, this measure
requires the Board adopt a disclaimer that will accompany the disclosure of a complaint.
327. Professional Boards. SB 136 (Fioueroa), Chapter 495, Statutes of 2001. This
legislation extends the operation of the titling provisions relating to interior designers, the
Board for Professional Engineers and Land Surveyors, the State Board of Guide Dogs
for the Blind, and the Tax Preparer program. This measure authorizes the Board for
Professional Engineers and Land Surveyors to increase registration fees for
professional engineers and will thereby make an appropriation by including fee amounts
deposited in a continuously appropriated fund.
LCC Legislative Report - 1 l/O1 89 Statutes of 2001
328. Building Standards. Marinas. SB 197 (Chesbro), Chapter 360, Statutes of 2001.
This legislation requires each marina, as defined, that is developed or improved with
funds toaned by the Department of Boating and Waterways, pursuant to specified
provisions of existing law, to have all of its electrical systems that extend into or over
water inspected biennially, during the term of the loan, by a licensed electrical contractor
or electrical engineer, for compliance with the safety-related provisions of the California
Electrical Code in effect at the time the marina was developed. If the marina is
improved with a loan, the measure will require the areas in which electrical
improvements were made to comply with all of the California Electrical Code provisions
in effect at the time of the improvement.
329. Prevailing Wages. Payroll Records. SB 588 (Burton), Chapter 804, Statutes of 2001.
The State Task Force on the Underground Economy estimates between $2 and $5
billion in payroll and revenue goes unreported in the construction industry each year.
This legislation is intended to strengthen enforcement by providing committees with
access to payroll records and a direct cause of action to enforce prevailing wage laws.
This measure authorizes a joint labor-management committee, established pursuant to
federal law, to obtain a copy of a certified payroll from a contractor on a public works
project, but with names and social security numbers deleted. If the committee discovers
unpaid prevailing wages or fringe benefits due and related penalties, it may file a civil
action to collect them. Courts may award restitution to employees and attorney’s fees
and costs to the committee. The action must be commenced no later than 180 days
after the filing of a valid notice of completion, or not later than 180 days after the
acceptance of the public work, whichever occurs last.
330. State Public Works. Sacramento, Capitol Area. SB 809 (Ortiz), Chapter 672,
Statutes of 2001. This legislation authorizes the Director of General Services to
purchase, exchange, or otherwise acquire real property and construct facilities within the
jurisdiction of the Capitol Area Plan for a project consisting of approximately 1,400,OOO
gross square feet of office space on state-owned land in the Capitol area located on
blocks 204 and 203, and onsite parking and a parking garage located on block 266.
This measure authoriies the Department to contract for the lease, lease-purchase,
lease with an option to purchase, acquisition, design, design-build, construction,
construction management, and other services related to the design and construction of
the office and parking facilities. This legislation authorizes the State Public Works Board
to issue revenue bonds, negotiable notes, or negotiable bond anticipation notes to
finance these costs. This measure provides that the project cost will include the cost of
rehabilitating, and may include the cost of relocating the Heilbron House.
l 331. Prevailing Wage Expansion. Public Works, Housing and Economic Development
Projects. SB 975 (Alarcon), Chapter 938, Statutes of 2001. Current law defines a
“public work” to include construction, alteration, demolition or repair work done under
contract and paid for in who/e or in part out of public funds. This measure significantly expands the definition of public works and the application of the state’s prevailing wage
requirements to public works projects that involve installation. Further, this measure
expands the definition of what constitutes public funds and captures significantly more
projects beyond just public works that involve public/private partnerships. Every
privately financed, privately paid for nonresidential construction contract between a
developer and a contractor will become a “public work” and be subject to the prevailing
LCC Legislative Report - 1 l/O1 90 Statutes of 2001 * ,
wabe requirement when a local public agency: a) pays for or waives-certain fees; b)
pays for a public works project such as a street, that is required as a part of the
ckvetupment project; ur c) setk knd fur the prajecc ta a developer for its “fair reuse
value.” This measure will significantly expand the application of prevailing wages to
“installation” projects that may involve unskilled labor, such as communication systems
beyond the current practice of paying prevailing wages for wiring buildings. This
legislation extends prevailing wages to a wide variety of projects that may involve public
funds; including urban revitalization and military base reuse plans. Although the July 10
amendments attempt to exclude affordable housing projects, this measure still applies to
low-income housing projects involving contributions from public sources, such as local
housing authorities and redevelopment agencies.
This legislation declares the intent of the Legislature that projects financed through
California Infrastructure and Economic Development Bank (CIEDB), including projects
financed through Industrial Development Bonds (IDBs), comply with existing labor law
pertaining to prevailing wages.
This measure includes “installation” in the existing definition of ‘public works.” It defines
“public funds” used in public works as: a) payment of money or the equivalent of money
by a state or political subdivision directly to or on behalf of the public works contractor,
subcontractor, or developer; b) construction work performed by a state or political
subdivision in execution of a project; c) transfer of an asset of value for less than fair
market price; d) fees, costs, rents, insurance or bond premiums, loans, interest rates, or
other obligations normally required in the execution of a contract that are paid, reduced;
charged at less than fair market value, waived or forgiven; and d) repayment of money
and credits applied on a contingent basis.
If the state or political subdivision provides a direct or indirect subsidy to a private
developer or reimburses a private developer for costs that would normally. be paid by the
state or political subdivision, then the project is not subject to the requirements of this
chapter if the costs or subsidy are in the context of the overall project. This measure
exempts the following from the definition of “paid for in whole or in part out of public
funds:”
l Affordable housing for low- or moderate-income persons either financed solely
through the Low- and Moderate-Income Housing Fund established pursuant to
current law or financed through a combination of the Fund and private funds;
t Qualified residential projects financed on or before December 31, 2003, that are
in whole or in part financed through bonds issued by the California Debt Limit
Allocation Committee in the Office of the State Treasurer, unless another statute,
ordinance, or regulation applies this chapter to the qualified residential project;
* Single family residential projects financed on or before December 31, 2003, that
are financed in whole or in part through qualified mortgage revenue bonds,
qualified veterans’ mortgage bonds, and mortgage revenue certificates issued
under the Qualified Mortgage Credit Certificate Program in the Office of the State
Treasurer, unless another statute, ordinance, or regulation, applies this chapter
to the single family residential project;
LCC Legislative Report - 1 l/01 91 Statutes of 2001 *
t Low income housing projects that are %cated federal and state law income
housing tax credits on or before December 3f, 2003, by the Office of the State
Treasurer, unless another statute, ordinance, or regulation, applies this chapter
to the single family residential project;
* Private residential housing on private land that is not built pursuant to an
agreement with a state agency, a redevelopment agency, or a local public
housing authority;
t Private development projects built on private property that are required by a
state or political subdivision to construct improvements, if the following two
conditions are met: 1) the state or political subdivision contributes no more
money, or the equivalent of money, to the overall project than that which is
required to perform the public work of improvement; and 2) the state or political
subdivision maintains no proprietary interest in the overall project.
PUBLIC CONTRACTS
6 332. Bonds. Public Works Contracts. AB 263 (Correa). Chapter 181, Statutes of 2001.
Under existing law, every general contractor to whom a public works contract is
awarded by a public agency, involving an expenditure in excess of $25,000, is required
to file a payment bond with, and approved by, the contracting public agency prior to
performance of work. In addition, existing law provides that a payment bond must be
executed by two or more personal sureties or by one admitted surety insurer. The
purpose of payment bonds on public works contracts is to ensure that subcontractors
will be paid for the work they perform under the contract in the event that the general
contractor becomes financially unable to make payment to the subcontractors. In recent
litigation, Rankin v. Citv of Murrieta required payment bonds on its public works projects,
but when the subcontractor pursued payment for work performed from the bonding
company, the subcontractor discovered that the bonding company was insolvent. The
subcontractor claimed that although the City had required a payment bond, the bonding
company that the City had approved had been suffering financial difficulties for a long
period of time and was unable to pay the subcontractor under the payment bond. The
Rankin court considered whether a public entity can be held liable for payment to
subcontractors when the payment bond it approved was covered by an insolvent
company. The court held that the public entity is liable to the subcontractor if
reasonable steps to determine the bonding company’s solvency were not taken before
approving the payment bond. This legislation directly addresses the conclusion reached
in the Rankin case by statutorily providing methods by which a public agency may fulfil1
its duty to verify the status of the bonding company. The measure requires that any
bond on public works contract be executed by a surety insurer, and that the public
agency approving the bond to verify that it was executed, by an admitted surety insurer
by obtaining specified information from the Department of Insurance’s Web site or by
contacting the county clerk and attaching the information to the bond.
333. Municipal Utility Districts. Purchases. AB 793 (Cox), Chapter 665. Statutes of 2001.
Prior to this legislation, when purchasing supplies and materials, Municipal Utility
Districts (MUDS) were required to solicit bids and award contracts to the lowest
LCC Legislative Report - 1 l/O1 92 Statutes of 2001
responsible bidder when the expenditure exceeded $25,000. This legislation authorizes
a MUD to purchase supplies and materials on the basis of best value at the lowest cost
aqukition criteria adopted by the MUD’s board of dim, if the expenditure exceeds
$50,000 and the MUD determines that ratepayers reasonably can expect a net benefit in
the cost of district services. The best value procurement process is similar to the lowest
responsible bidder process, but differs in that vendors are selected because they
provide the best overall value, and not simply the lowest price for the commodity. This
legislation allows MUDS to use best value procurement practices to enter into strategic
alliances with vendors of supplies and materials in order to reduce operating costs and
improve overall operating efficiencies. It requires MUDS to ensure that all businesses
have a fair and. equitable opportunity to compete for and participate in district contracts
awarded pursuant to its provisions and will prohibit discrimination in the award and
performance of those contracts.
334. Public Contracts. AB 1084 (IVesson), Chapter 882, Statutes of 2001. This measure
establishes a new type of small business known as a “microbusiness” which is a
business that, together with its affiliates, has average gross receipts of $2.5 million or
less over the previous three years, or is a manufacturer with 25 or less employees. The
same rights and benefits are afforded to a microbusiness as a certified small business
under the Small Business Procurement and Contract Act for state agency contracts,
which authorises state agencies to give small businesses a 5 percent preference in
contracts for construction, procurement of goods or delivery of services. The measure
increases the upper limit for simplified contracting procedures for construction contracts
to $200,000 (currently at $100,000). This legislation requires an awarding department
to report to the Legislature on the level of participation by business enterprises, by race,
ethnicity, and gender of owner, in specified contracts.
335. Public Works. Design Build Contracts. AB 1402 (Simitian), Chapter 421, Statutes of
This measure authorizes a school district governing board to enter into a design- 2001.
build contract, in which factors in addition to price and cost may be considered in
awarding a contract for the design and construction of a school facility that exceeds
$10,000,000. It also requires that a school district governing board conduct a public
meeting prior to entering into a design-build contract and make wriien findings that the
design-build process meets specified objectives. It requires that a design-build contract
progress in a three-step process: I
* Preparation of a Request for Proposal setting forth the scope of the project and
other specified components including the methodology for evaluation of
proposals.
* Establishment of a procedure to pre-qualify design-build entities, including the
use of a questionnaire with specified information, obtained under oath.
* Establishment of a procedures for final selection of the design-build entity based
on either a competitive bidding process resulting in lump-sum bids, or based on
performance and other criteria set forth by the local board to determine best
value.
LCC Legislative Report - 1 l/O1 93 Statutes of 2001
‘The measure requires that the design-build entity obtain sufficient bonding to cover the
amount of non-design services and sufficient errors and omissions insurance to cover
the design and architectural services. It aku requires that -ctun5thataenot
pre-qualified will be selected by the design-build entity, and requires that the design-
build entity shall be liable for building the facility as set forth in the contract and shall
assume the risk of any cost overruns. This legislation also specifies that retention
proceeds withheld by the design-build entity from a subcontractor may not exceed the
amount withheld from the design-build entity by the school district.
The legislation requires the Superintendent of Public Instruction to develop guidelines
for design-build projects within six months after the operative date of the measure. It
requires that no construction commence under a design-build contract until written
approval of the plans is received from the Department of General Services. A school
district that elects to use the design-build process must submit its report to the
Legislative Analyst. The Legislative Analysts Office must submit an interim report to the
Legislature by January 1, 2004, and a final report by January 1, 2006. The provisions of
this measure will be repealed on January 1, 2007.
l 336. Contract Specifications. Substitutions. AB 1442 (Pescetti), Chapter 267. Statutes of
2001 -- This legislation broadens the law governing contractors’ ability to submit
information justifying the substitution of products deemed to be equal to products
specified in bids for contracts with public agencies. Last year, the Legislature enacted
AB 2156 (Pescetti; Chapter 690, Statutes of 2000), which provided that bidders on state
contracts may submit requests to substitute equal products within 35 days after the
award of a contract. Prior to this legislation, bidders on local contracts submitted
information justifying the substitution of “an equal” product prior to the award of a
contract. This measure extends to local government the state requirement that if no
time for submitting data for the substitution of ‘an equal” item is specified in the contract,
the data may be submitted within 35 days after the award of a contract. Restrictions
regarding the manner of drafting bid specifications are not applicable if an awarding
authority makes a finding that a particular material or service is designated by a brand
name, either to make a field test or to match a material or service in use on a particular
public improvement.
337. Public Contracts. Cities. SB 974 (Torlakson), Chapter 832, Statutes of 2001. This
legislation states that the Public Contract Code is the basis of contracts between most
public entities and their contractors and subcontractors, and applies the Public Contract
Code to all public entities, in the absence of an express exemption of a city charter
provision or ordinance that conflicts with the Public Contract Code. This measure
requires charter cities to “opt out” of the Public Contract Code. At a minimum, charter
cities will need to analyze every current and future provision of the Public Contract Code
to identify which provisions they want to “opt out” of, and then enact a conflicting city
charter provision or ordinance for each relevant provision of the code. Furthermore,
charter cities, in order to protect themselves from lawsuits, will be required to provide an
expressed exemption for their standard specifications for public works contract under
which the charter city has been operating. The expressed exemption must be adopted
by a city chatter provision or ordinance.
LCC Legislative Report - 1 l/O1 94 Statutes of 2001
338.
339.
340.
Additionally, this legislation declares that it is declaratory of existing laws as interpreted
in the holding in Howard Contractina, Inc. v. G.A. Macdonald Construction CO. (1998) 71
Cat.App. 4th, 38. In summary, the Howard decision concerned a lawsuit brought by a
contractor and subcontractor against the City of Los Angeles for damages sustained by
delays in construction allegedly caused by the City. The City’s standard specifications,
which were part of the contract, stated that the contractor is entitled to an extension of
time to complete work delayed by unforeseen events, but not to d.amages attributable to
the delay. The City asserted that the contractor had thus waived its right to collect
damages from the City. However, Public Contract Code Section 7102 conflicted with
the City’s “no damage for delay” standard specification. In one of its arguments, the City
asserted that Public Contract Code Section 7102 did not apply since a charter city is
“immune from state statutes regulating contracts inasmuch as a public works contract is
a municipal matter that falls under the “home rule” doctrine.” The court disagreed. First
of all there was no indication the standard specification in question. The court stated
that the charter city “home rule” doctrine only applies “when a subject matter conflict
exits between a charter or other municipal enactments and state statute.” The court, on
this point, held:
“Because the city fails to establish a cont7ict between the Public Contract Code and any
chatter provision or municipal enactment, Public Contract Code Section 7102 applies.
As a consequence, the contract clause purporting to exempt the city from liability for
damages resulting from delays caused by the city is unenforceable under Section 7102. ”
XII. TRANSPORTATION
Regional Transportation Plans. AB 133 (Alquist), Chapter 99, Statutes of 2001. This
legislation is intended to articulate the state’s policy position that the transportation
needs of seniors are significant enough to warrant recognition and consideration. This
legislation provides local transportation planning agencies the option of including
elements of local significance in the regional transportation plan, including issues of
mobility for specific sectors of the community, including but not limited to senior citizens.
Highways. Encroachment Permits. Waivers. AB 391 (Kehoe), Chapter 152,
Statutes of 2001. This legislation authorizes the Department of Transportation to waive
the requirement that an encroachment permitee bear the sole expense of relocating or
removing an encroachment, if the encroachment consists of a track or roadway that
serves as an exclusive public mass transit guide way that is owned, operated, and
maintained by a publicly owned mass transit authority.
Highways. Safety Enhancements. Double Fine Zones. AB 398 (Salinas). Chapter
481, Statutes of 2001. This legislation requires the County of Monterey, in consultation
with the California Highway Patrol, to develop a safety enhancement double fine zone
pilot project, administered >by the County, for a portion of the Monterey County Road 16.
This legislation terminates the pilot project if the County fails to provide an evaluation to
the Department on or before October 1,2002.
LCC Legislative Report - 1 l/O1 95 Statutes of 2001 - *
341.
342.
b 343.
344.
Transportation Funding. Amtrak. Bus Feeder Service Exemptions. AB 405
(Salinas), Chapter 245, Statutes of 2001. This legislation allows Amtrak to enter into a
contractwithamatarcanierfarttre~arrafpassengerswhaaredisab~~,wha
rely substantially on wheelchairs, and need to travel on the Capitol Corridor between
San Jose and Monterey County.
Rural Transit System Grant Program. AB 437 (Assembly Budnet Committee),
Chapter 333, Statutes of 2001. This legislation requires the Department of
Transportation and the California Transportation Commission, until July 1, 2002, to
establish a Rural Transit System Grant Program to purchase, construct, and rehabilitate
transit facilities, vehicles, and equipment, including energy efficiency retrofits, and to
purchase rights-of-way for transit systems. It also requires the Department to submit a
report describing the projects funded under the program to the Legislature on or before
June 30,2002.
Finance. AB 438 (Assembly Budoet Committee), Chapter 113, Statutes of 2001.
This budget trailer legislation for Transportation Finance delays the transfer Umency.
from the General Fund to the Transportation Investment Fund (TIF) for two years, with
transfers commencing on July 1, 2003 and ending on June 30, 2008. This measure
holds harmless the funds for city and county streets and roads by continuing the funding
of local street and road maintenance at the same dollar amount provided under current
law. However, in 2001-02 and 2002-03, funds are to come from the State Highway
Account (SHA) rather than from the TIF. SHA funds are to be paid back from gasoline
sales tax revenues in 2006-07 and 2007-08. The transfers for local streets and roads
would end in FY 06.
This measure authorizes the Department of Transportation to make short-term loans
among SHA, TlF, Public Transportation Account (PTA) and the Transportation
Congestion Relief Fund (TCRF) for cash flow and financing purposes. such loans must
be repaid in the same fiscal year or when needed to meet the expenditure need in the
loaning fund or account. It authorizes long-term loans from PTA or SHA to TCRF as
part of the annual Budget Act in order to meet the cash flow requirements of the TCRP.
Allows the Director of Finance to authorize an interest-free loan of up to $100 million
from the Motor Vehicle Account (MVA) between July 1, 2004, and July 1, 2007, and an
unspecified amount from the General Fund to the TCRF. The MVA loans from the MVA
could not be made, or will be repaid immediately, if the funds are needed to make
expenditures authoriied in the Budget Act or other appropriation by the Legislature.
Loans from the PTA are to be capped at a cumulative $280 million and SHA loans are to
be capped at a cumulative $180 million over the life of the, legislation. This legislation
clarifies that GARVEE bonds can be used to borrow against federal funding for projects
in various transportation programs, including TCRP, STIP, and SHOPP.
Transportation Funding. AB 608 (Dickerson), Chaoter 815, Statutes of 2001. Current
law provides for programming and allocation of funds of local and regional transportation
projects by the California Transportation Commission (CTC). If a jurisdiction’s project
costs exceed the amount programmed by 20 percent or more, the difference must be
made up by the jurisdiction’s share of funds. However, if a jurisdiction’s project cost is
20 percent less than the amount estimated, the savings are deposited in a fund for
LCC Legislative Report - 1 l/O1 96 Statutes of 2001
reallocation by the CTC for projects throughout the state. This measure provides that if
savings are 20 percent or more of the amount estimated, the savings are credited for
futu~ use by the ju&ktim which r&ii the savings rather than being deposited in a
fund for statewide use. This legislation is intended to promote more accurate project
cost estimates and to provide accountability and fairness when project costs are lower
than estimated. Additionally, the measure increases the maximum amount that may be
requested and received by local transportation entities for administrative purposes
(planning, programming and monitoring) to one percent for areas receiving federal
metropolitan planning funds and to five percent for rural areas not receiving federal
metropolitan planning funds.
345. Highways. Relinquishment. State Highway Routes. AB 635 (Bates), Chapter 757,
Statutes of 2001. This legislation authorizes the California Transportation Commission
(CTC) to relinquish to the City of Dana Point a specified portion of State Highway Route
1 that is located within the city limits of that city upon terms and conditions the CTC finds
to be in the best interests of the state, if the CTC and the city enter into an agreement
providing for that relinquishment. This measure authorizes the CTC to relinquish to the
City of Santa Clarita the portion of State Highway Route 126 that is between State
Highway Route 5 and 14.
346. Highway 101. Pedestrian Overhead Crossing. Walkway or Deck. AB 942 (Cedilla),
Chapter 211, Statutes of 2001. This legislation requests the City of Los Angeles
consider the beneffis of developing a pedestrian crossing, walkway, deck, or similar
structure linking the areas of downtown Los Angeles separated by State Highway Route
101, consider potential funding sources for those alternatives, as well as the features,
amenities, and other details of that development, and provide a report on the City’s
findings to the Los Angeles County Metropolitan Transportation Authority (CAMTA), for
consideration in the regular local project selection, approval, and funding process.
347. Highways. Victim Signs. AB 965 (Mountioy), Chapter 864, Statutes of 2001. This
legislation requires until January 1, 2007, that the Department of Transportation design,
construct, place, and maintain, or cause to be designed, constructed, placed, and
maintained, along state highways, signs that read as follows: “Please Don’t Drink and
Drive” followed by: “In Memory of (victim’s name).” These signs should be placed,
subject to placement guidelines of the’ Department, upon the state highways in close
proximity to the location where a vehicular accident occurred and a party to that
accident was convicted of operating a vehicle while under the influence of alcohol or
drugs, at the time of the accident, or where the party was driving in violation of those
provisions, but was not prosecuted for specific reasons. The measure provides that,
upon the request of an immediate family member or an individual who has received the
written consent of an immediate family member of the deceased victim or driver of an
accident described occurring after January 1, 1999, the Department shall place the sign
and charge the requesting party to pay a fee to cover the Department’s costs in
designing, constructing, placing and maintaining that sign and the Departments
administrative costs in implementing these provisions. The measure prohibits the
Department from placing a sign if a member of the immediate family objects.
346. Santa Clara Valley Transportation Authority. AB 1066 (Dutra), Chapter 217, Statutes
of 2001. This legislation was introduced to enact technical changes regarding the Santa
LCC Legislative Report - 1 l/01 Statutes of 2001
g Clara Valley Transportation Authority and its authority to implement the County’s 1996
Measure B Transportation Improvement Program, and any other local ballot measure
programs fortramportation purposes that may be approved by voters in the future. This
measure authorizes the Santa Clara Valley Transportation Authority to construct and
acquire transportation facilities, provide facilities for the movement of vehicles, bicycles,
and pedestrians, and acquire and construct facilities necessary or convenient for
vehicular and pedestrian transportation, subject to the concurrence and oversight of the
Department of Transportation.
349. County Scenic Highway. AB 1070 (Pavlev), Chapter 758, Statutes of 2001. This
legislation requires the Department of Transportation to designate a portion of the
Malibu Canyon-Las Virgenes Highway as a county scenic highway, upon the County of
Los Angeles applying for such a designation.
350. Highways. Toll Bridges. Funding. AB 1171 (Dutra). Chapter 907, Statutes of 2001.
The State Department of Transportation (DOT) has determined that the bridge seismic
retrofit work will incur substantial cost overruns of approximately $2.019 billion, including
an increase of $1.315 billion on the Bay Bridge east span replacement alone, another
$557 million for the Richmond-San Rafael, Benicia-Martinez, San Mateo-Hayward,
Carquinez, Vincent Thomas and San Diego-Coronado toll bridges, and $147 million for
the Bay Bridge west span retrofit. DOT attributed the cost overruns to several factors.
The DOT’s plan for resolving the cost overruns proposes that toll surcharges and $557
million from the state’s share of federal Highway Bridge Replacement and Rehabilitation
(HBRR) funds be used on those bridges. This legislation witl:
* Authorize the,extension of the seismic retrofit toll surcharges beyond the current
January 1, 2008 expiration and repeal date. The surcharge will continue until the
time that a total of $2.282 million is collected. The toll surcharge authorization
will end when the bonding indebtedness is retired and any debt secured by the
tolls is repaid. This measure prohibits any increase in the $1 toll surcharge for
seismic retrofit project funding, unless specific criteria are met.
* Allocate a minimum of $642 million in state transportation funds from the federal
HBRR Program. If the resources authorized to be provided above are
insufficient to pay all project costs, DOT may program not more than $448 million
in project savings or other available resources from the Interregional
Transportation Improvement Plan, the State Highway Operation Protection Plan,
or federal bridge funds for that purpose.
l During the construction period, all revenues generated from the toll surcharge
shall be available to the department only for the construction and financing
purposes of the toll bridge seismic retrofit program. Once the construction work
is completed, if the annual revenue from the $1 toll exceeds the amount needed
to pay off the tolls’ share of construction and financing costs, the excess will be
transferred to the MTC for Bay Area transportation purposes, including other
improvements to toll bridges, water transit (ferry) services, or rail capital
improvements authorized in current law.
LCC Legislative Report - 1 l/O1 98 Statutes of 2001 *
* Authorize DOT to borrow through the Infrastructure Bank and authorizes the
issuance of bonds under specified terms and conditions. The legislation will
mfhnce and restate existing shurt-term bonowing authority of DOT, for
purposes of the seismic work’s financing.
l Declare that the measure’s provisions cannot harm any State Transportation
Improvement Program project programmed before January 1, 2002. It also
states that if federal “GARVEE” bonds are used to help finance the seismic work,
the expenditures will not count against a county’s share of state funds.
351. Park and Ride Facilities. AB 1220 (Pavley), Chapter 759, Statutes of 2001. This
legislation requires the Director of Transportation to, without supplanting any other
program or redirecting funds allocated to other programs restart program efforts in
District 7 to develop and implement additional shared use agreements for public use of
private parking lots as park and ride facilities to complement and facilitate ridership on -
existing and planned transit routes, and to reduce congestion on state highways.
352. Transportation. Regional and Local Project Funds. AB 1335 (Cohn). Chapter 908,
Statutes of 2001. This legislation seeks to expedite the delivery of transportation
projects by streamlining their finance and development, by establishing a protocol that
will allow a local or regional transportation agency to be reimbursed with state or federal
transportation dollars when they advance the funding for transportation projects that are
eligible to be financed in the Transportation Congestion Relief Plan (TCRP). This
measure authorizes designated local and regional agencies to utilize the “Letter of No
Prejudice” procedure and provisions with regard to transportation projects that. are
eligible to receive state funding under the TCRP. If approved by California
Transportation Commission (CTC), the local or regional agency will be authorized to
expend its own funds for any component of the project. The amount expended is
authorized to be reimbursed by the state, subject to annual appropriation by the
Legislature, if (I) the CTC makes an allocation for, and the Department of
Transportation executes a fund transfer agreement for, the project during the same
fiscal year as when the regional or local expenditure was made; (2) expenditures made
by the regional or local entity are eligible for reimbursement in accordance with state
and federal laws and procedures; and (3) the regional or local entity complies with all
legal requirements for the project. Therefore, establishing a protocol that will allow a
local or regional transportation agency to be reimbursed with state or federal
transportation dollars when they advance the funding for transportation projects that are
eligible to be financed in TCRP.
353. Transportation. AB 1705 (Assembly Transportation Committee), Chapter 512,
Statutes of 2001. Ucoency. AB 2928 (Torlakson; Chapter 91, Statutes of 2000) was a
comprehensive traffic congestion relief and transportation funding measure which
appropriated $2 billion from the General Fund and sales taxes in 2000-01 and shifted
the state’s sales tax on gasoline for the next five years from the General Fund to the
congestion relief program (another $5 billion), thereby providing an estimated $7 billion
for transportation and transit projects and services and local road repairs over a six-year
period. AB 2928 included a funding exchange program between local transportation
agencies and the State Department of Congestion Mitigation and Air Quality (CMAQ)
obligational authority for state funds in the TCRF (at a 10 percent discount for obtaining
LCC Legislative Report - I l/O1 99 Statutes of 2001
the more flexible state funds). This legislation clarifies the source of repayment of
exchanged funds by specifying the State Highway Account as the source of repayment
to the Traffic Congestion Relief Fund (TCRF) when local RSTP and CMAQ funds are
exchanged for state TCRF funds. Currently, AB 2928 is silent as to the fund repayment
source. This, measure revises the local maintenance of effort requirement for receipt of
AB 2928 project funds. This change will be applicable to local transportation agencies
which administer transportation sales taxes (in so-called “self-help counties”) and which
have had expenditure spikes due to bond-financed expenditures in the early years of an
authorized local transportation sales tax. Rather than have to maintain local year-to-
year expenditures at an artificially high level, the legislation requires that these local
agencies certify their continued use of local transportation capital funds only for
transportation purposes. The certifications will be subject to state audit.
354. Transportation. Corporations. State Contracting. AB 1706 (Assembly
Transportation Committee), Chapter 597, Statutes of 2001. This legislation makes
technical corrections and deletes obsolete provisions related to public transit, streets
and highways. This includes rapid transit within the definition of transit in regards to the
Santa Cruz Metropolitan Transit District. This measure authorizes the relinquishment of
portions of Route 19 to the City of Downey and the City of Bellflower. This measure
requires the Office of Planning and Research to conduct a statewide rail transportation
assessment and to report to the Legislature by October 1, 2002. The report must
include an estimate and documentation of statewide unfunded capital and operating
needs over the next ten years for each rail transportation agency. It also authorizes
funds exchanged from the Traffic Congestion Relief Fund (TCRF) for regional surface
transportation program and congestion mitigation and air quality program
apportionments received as local assistance by regional transportation planning
agencies with funds from the TCRF by the California Transportation Commission to be
repaid from the State Highway Account in the State Transportation Fund to the TCRF
from federal funds received on a quarterly basis.
355. Transportation. AB 1707 (Assembly Transportation Committee), Chapter 739,
Statutes of 2001. This measure revises the designated state highway routes included in
the description of “El Camino Real.” It authorizes a vehicle to be equipped with one or
two rear facing auxiliary lamps subject to mounting and operation specifications. This
legislation requires the record of the address of individuals who attend traffic schools to
be used by the schools for administrative purposes only. It deletes the requirement that
the Department of Motor Vehicles file a traffic report if they learn of an accident where
the parties involved did not file traffic reports.
6 356. Transportation Funding. ACA 4 (Dutra). Chapter 87, Statutes of ,200l. This
legislation places before the voters in March 2002 a constitutional dedication of the
sales tax revenues on gasoline to permanently dedicate the monies to transportation
beginning in 2003-04. The monies will be allocated from 2003-04 until 2007-08
according to AB 2928. Once the commitment to the Governor’s Traffic Congestion
Relief Plan is fulfilled, beginning in 2008-09 and every year thereafter the monies
generated from the sales tax on gas will be allocated 40 percent to the State
Transportation Improvement Program (STIP), 20 percent to counties for maintenance,
rehabilitation, reconstruction and storm damage, 20 percent to cities for the same
LCC Legislative Report - 1 l/O1 100 Statutes of 200t
purposes, and 20 percent to transit. This legislation allows the 40/20/20/20 formula
described above to be changed, but only by a two/thirds vote of the Legislature.
The revenue generated from the sales tax on gasoline is projected to reach $1.4 billion
by 2008-09, meaning the STIP will receive approximately $580 million annually, counties
and cities $280 each annually and transit $280 annually. In comparing revenue
generated, this is equivalent to about 9 to IO cent gas tax increase.
This legislation also contains some flexibility for the Governor to suspend the shift to
transportation for a fiscal year if both of the following conditions are met: I) the
Governor issues a proclamation that “declares that the transfer of revenues will result in
a significant negative fiscal impact on the range of functions of government funded by
the General Fund of the State;” and 2) the Legislature by a two/thirds vote, in a stand-
alone bill, concurs with the suspension.
This legislation also authorizes the Legislature to modify the allocation formula for the
dedicated revenues through a stand-alone statute passed by a two/thirds vote in each
house.
l 357.
3 .,p:
Transportation. Traffic Congestion Relief. SB 759 (Murray), Chapter 911, Statutes
of 2001. Urgency. This legislation outlines the formulas for allocation of the monies
$$I@= made available to cities and counties with regard to ACA 4 (Chapter 87, Statutes of
s> 2001). This measure provides language for the ballot, provides additional accountability
for expenditure of the funds, including maintenance of effort and “use it or lose it”
provisions for the local streets and roads monies, and provides the formula for cities and
county distribution for local street and road monies.
The legislation sets the title and summary that will appear on the ballot for ACA 4. The
title will read,“TRANSPORTATION CONGESTION IMPROVEMENT ACT.
ALLOCATION OF EXISTING MOTOR VEHICLE FUEL SALES AND USE TAX
REVENUES FOR TRANSPORTATION PURPOSES ONLY. LEGISLATIVE
CONSTITUTIONAL .AMENDMENT.” The summary will read: “Requires, effective July
I, 2003, existing revenues resulting from state sales and use taxes on the sale of motor
vehicle fuel be used for transportation purposes as provided by law until June 30, 2008.
It requires, effective July I, 2008, existing revenues resulting from state sales and use
taxes be used for public transit and mass transportation; city and county street and road
repairs and improvement; and state highway improvements. It imposes the requirement
for a two/thirds vote of the Legislature to suspend or modify the percentage allocation of
the revenues.
6 358. Highways. Safe Routes to School Program. SB IO (Soto). Chapter 600, Statutes of
Prior to the establishment of the Safe Routes to Schools Program last year, 2001.
approximately $60 million annually was received by the state through the Federal
Transportation Hazard Elimination/Safety Program. The funds were authorized to be
used for projects to improve highway safety and reduce traffic congestion through the
addition of guardrails, median barriers, and railroad grade crossing improvements. Half
of the annual funding amounts were allocated to the state and half were allocated to
local transportation agencies. AB 1475 (Soto; 1999-2000 Session) in establishing the
Safe Routes Program redirected one/third (approximately $20 million) of the annual
LCC Legislative Report - 1 l/O1 101 Statutes of 2001 -
Hazard Elimination/Safety funds to the new program, with the state and local
transportation agencies sharing equally the reduced funding effects of the redirection.
The Safe Routes to Schcrot construction program, prior to this legislation, had a repeat
date of January 1, 2002.
This measure authorlzes the extension of the Safe Routes to School construction
program until January 1, 2005. The Safe Routes to School construction program is
administered by Department of Transportation and uses federal transportation funds for
construction of pedestrian and bicycle safety projects that provide access to schools.
This funding increases the ability for local governments to support schools, parents and
their children by providing safe routes for students and lessening the traffic congestion
around schools. This legislation requires the Department of Transportation to do a
study regarding the Safe Routes to School Construction Program, and to submit a report
to the Legislature on or before December 31, 2003, which lists all of the projects.
+ 359. Railroad Crossings. Automated Warning Devices. SB 62 (Morrow), Chapter 601,
Statutes of 2001. Umencv. Current law requires the sounding of a locomotive bell or
whistle at least 1,320 feet from the place where the railroad crosses any street. An
exception is made where I the railroad crossing has a permanently installed audible
warning device authorized by the California Public Utilities Commission (CPUC) that
automatically sounds when an approaching train is at least 1,320 feet from the crossing.
This measure changes the exception to apply when the audible warning device
automatically sounds when an approaching train is at least 20 seconds from the
intersection, rather than when it’s 1,320 feet from the intersection. Furthermore, current
law authorizes the CPUC to conduct pilot projects for the purpose of evaluating
proposed railroad crossing warning devices and declares legislative intent that the
CPUC authorize pilot projects in Roseville and Lathrop. This measure authorizes the
CPUC to authorize additional pilot highway-rail crossing projects in the Cities of Fremont
and Newark.
360. Department of Transportation. Property Transfer. Department of Parks and
Recreation. City of Newport Beach. SB 124 (Johnson), Chapter 761, Statutes of
This legislation requires the Department of Transportation to transfer 15.05 acres 2001.
located in the coastal zone to the City of Newport Beach’s Department of Parks and
Recreation upon payment of consideration of $1,356,485 by the City of Newport Beach
into the State Highway Account. The transfer will be contingent on the execution of an
agreement between the Department of Parks and Recreation and the City of Newport
Beach that requires the City of Newport Beach to agree to assume all responsibilities
and liabilities for the construction, operation and maintenance of the park and
improvements.
361. Highways. Outdoor Advertising. SB 190 (Perata), Chapter 54, Statutes of 2001.
Uroency. This legislation prohibits advertising displays from being placed or maintained
on property adjacent to a section of freeway that has been landscaped if the advertising
display is designed to be viewed primarily by persons traveling on the main-traveled way
of the landscaped freeway. Additionally, this measure exempts from this prohibition,
and subjects to removal or relocation, five non-conforming displays located on the
Oakland-Alameda County Coliseum Complex property, if the displays meet prescribed
conditions. It requires the Department of Transportation, upon receiving a written
LCC Legislative Report - 1 l/O1 102 Statutes of 2001
362.
request to erect certain displays, in accordance with a specific Memorandum for Record
with the Federal Highway Administration (FHWA), to promptly request the approval of
that change in urientatiun by the PHWA to ensure that the advertising displays will not
cause a reduction in federal aid highway funds.
Streets and Highways. Abandoned Animals. SB 237 ‘(Vincent), Chapter 300,
Statutes of 2001. This measure requires the Department of Motor Vehicles (DMV) to
include in the driver’s handbook language regarding the abandonment or dumping of
any animal on a highway, and will provide that, in order to minimize the costs, this new
language will be initially included at the earliest opportunity when the handbook is
otherwise revised or reprinted. This measure requires the DMV to include on a rotating
basis, at least one question in 20 percent of the tests of an applicant’s knowledge and
understanding of the provisions, to verify that the applicant has read and understands
that the abandonment or dumping of any animal is a criminal offense that can create a
severe traffic safety hazard.
363. Environmental Quality. Airport Projects. SB 244 (Speier), Chapter 534, Statutes of
2001. This measure provides that the consideration of a plan for expansion or
enlargement of an existing publicly owned airport by any political subdivision constitutes
carrying out or approving a project for the purposes of that definition. This legislation
requires that the public review period for a draft environmental impact report prepared
for a project invoiving the expansion or enlargement of a publicly owned airport requiring
the acquisition of any tide and submerged lands or any other lands subject to the public
trust for commerce, navigation or fisheries, or interest therein, not be less than 120 days
(existing law is 30 days). It also requires any political subdivision, prior to the acquisition
of any public trust, tide, and submerged lands, for the purpose of expanding or enlarging
an existing publicly owned airport to submit a plan of that expansion or enlargement to
the board of supervisors of the county, or the city council of the city, in which the
property proposed to be acquired is located, and requires the board of supervisors to
conduct public hearings and approve or disapprove the plan.
364. Transportation. SB 290 (Senate Transportation Committee), Chapter 825, Statutes of
The Outdoor Advertising Act (existing law) regulates the placement of advertising 2001.
displays adjacent to and within specified distances of highways that are part of the
national system of interstate and defense highways and federal aid highways. The Act
prohibits any advertising display from being placed or maintained on property adjacent
to a section of a freeway that has been landscaped if the advertising display is designed
to be viewed primarily by persons traveling on the main-traveled way of the landscaped
freeway. This legislation exempts from the prohibitions in the Outdoor Advertising Act,
four nonconforming advertising displays located in the Mid-City Recovery
Redevelopment Project Area within the City of Los Angeles. The measure also contains
the following:
* Recasts provisions which require the Department of Transportation to furnish to
the Department of General Services a record of each parcel of real property or
identified transportation project, which it possesses.
LCC Legislative Report - 1 l/O1 103 Statutes of 2001
*
*
*
Repeals the requirement that funds received by the Department of
Transportation as reimbursement for work performed is deposited in the
Transportation Reimbursable Work Account.
Authoriies the California Transportation Commission (CTC) to relinquish to the
City of Los Angeles a portion of State Highway Route 2, and requires Los
Angeles to maintain certain jurisdictions signs. Amends the description of State
Highway Route 25.
Requires that drivers involved in an accident relating only in damage to property,
immediately stop the vehicle at the nearest location that will not impede traffic or
jeopardize the safety of other motorists and to immediately undertake notification
requirements.
Increases the maximum weight for commercial vehicles transporting disabled
person(s) entitled to exemptions from vehicle weight fees to 8,001 pounds
unladen (the previous weight limit was 6,001 pounds).
Entitles an instruction permit holder to operate a vehicle for 24 months (rather
than the current I2 months) from the date of the application.
Requires all trailers and semi-trailers having a width of 80 inches or more and a
gross vehicle weight or more than 10,000 pounds that is manufactured on or
after December I, 1993, and all truck tractors manufactured on or after July 1,
1997, to be equipped with the conspicuity system as specified in a federal Motor
Vehicle Safety Standard. Allows registrants who have elected to apply for trailer
identification plates to be exempt from the permanent trailer identification
program.
Authorizes the CTC to relinquish to the City of Newport Beach, a specified
portion of State Highway Route 1.
Exempts electric vehicles from the schedule of registration fees for commercial
motor vehicles with a weight over 10,001 Ibs.
Precludes the weight of any vehicle issued an identification plate as an
implement of husbandry from being considered when calculating the declared
gross vehicle weight of a towing commercial motor vehicle that is owned and
operated exclusively by a farmer or an employee of a farmer in agricultural
operations.
Requires the State Energy Resources Conservation and Development
Commission (CEC), in consultation with the Department of Transportation, to
study the potential cost effectiveness and energy efficiency of utilizing retro-
reflective sheeting materials on highway signs, and requires the CEC to report its
findings to the Legislature on or before May 1, 2002.
Increases thresholds for contracts awarded by the North San Diego Transit
Development Board that must be bid to the lowest responsible bidder after
LCC Legislative Report - 1 l/O1 104 Statutes of 2001
competitive bidding to $20,000 for construction contracts and $50,000 for
contracts for the purchase of supplies, equipment and materials.
* Increases the threshold for purchase contracts awarded by the San Diego
Metropolitan Transit Development Board that must have a minimum of three
quotations, which permit prices and other terms to be compared to contracts that
exceed $25,000 and do not exceed $50,000.
365. Highway Tolls. Transit Service. Program. SB 313 (Alpert). Chapter 275, Statutes of
2001. This legislation deletes the repeal date for San Diego Association of
Governments’ (SANDAG) demonstration program on l-15 for an HOV lane that can be
used for a fee, deletes the reference to “demonstration” and other obsolete provisions,
thereby extending the program indefinitely.
366. Transportation. San Francisco Bay Area Water Transit Authority. SB 346 (Perata),
Chapter 404. Statutes of 2001. SB 428 (Perata; 1999) established the San Francisco
Bay Area Water Transit Authority (BAVVTA) and repealed the authority of the
Metropolitan Transportation Commission to adopt a long-range plan for implementing
high-speed water transit on the San Francisco Bay. SB 428 specified the membership
duties, and power of the BAWTA and required the new agency to prepare a
comprehensive regional water transit plan which must be submitted o the MTC for
review and then to the Legislature. The plan cannot be implemented until the
Legislature by statute approves the plan. The focus of the BAVVTA’ is to provide
comprehensive new or expanded water transit services and related ground
transportation terminal access services in the San Francisco Bay Area. These services
and operations are intended to complement existing water transit services and are
required to be coordinated with other elements of the Bay Area transportation network.
This legislation sets a date for submission (December 12, 2002) of a draft of the
currently-required San Francisco Bay Area Water Transit implementation and
Operations Plan to the Legislature, and that on or after the date of completion of all
programmatic environmental impact reports in connection with adoption of the final plan,
the authority shall submit the final plan to the Legislature for review and statutory
approval. This measure provides that the authority may implement the final plan only
after the Legislature has approved it by statute. Finally, this law specifies the new
technologies and alternative fuels studies in the feasibility analysis and proposal for use
in marine engines must include, but need not be limited to, natural gas, 100 percent
biodiesel, hybrid solar in combination with electric or wind power, and hybrid solar in
combination with both solar and wind power, and are consistent with substantive
requirements of the National Environmental Policy Act of 1969.
367. Santa Cruz County Transportation Commission. SB 465 (McPherson), Chapter 472,
Statutes of 2001. This measure extends the membership of the Commission, and
revises the power of the Santa Cruz County Regional Transportation Commission to
permit it to exercise (1) the power of eminent domain; (2) the power to preserve,
acquire, construct, improve, and oversee multi-modal transportation projects and
services on rail rights-of-way with Santa Cruz County to facilitate recreational,
commuter, intercity, and inter-county travel; and (3) the authority to contract for any
services to accomplish its purposes.
LCC Legislative Report - 1 l/O1 105 Statutes of 2001 - *
368. Transportation. SB 521 WDertL Chapter 297, Statutes of 20Ql. This legislation
authorizes the San Diego Association of Governments (SANDAG), in its capacity as the
designated transportation commission for San Diego County, to, upon voter approval,
impose an ordinance that extends the duration of a local transportation sales tax,
expands the authorized expenditures of such a tax, or both. Designates the San Diego
Metropolitan Transit Development Board (MTDB) as the sole applicant and administrator
of specified local transportation funds within its jurisdiction. This measure specifies that
an ordinance to extend the duration of a local transportation sales tax, or expand the
authorized expenditures of a local transportation sales tax, or both, must be approved
by the voters, at the constitutionally required percentage, during a special election called
by the SANDAG board. Such an ordinance will take effect immediately on the day
following the election. If the measure fails, the same or a similar ordinance may be
placed before the voters during a subsequent election.
This legislation establishes a definition for an extended tax and an expanded-purposes
sales tax. Under this law, SANDAG will be authorized to allocate revenues from an
expanded purposes tax for the costs of implementing measures to manage the impacts
of regional transportation improvements, including, but not limited to, impacts related to
growth, and to maximize the efficiency of regional transportation and transit systems.
The expanded-purposes tax may include, but not be limited to, expenditures for the
following:
a.
b.
C.
Acquisition, management, maintenance, and monitoring of natural habitat and
open space.
Development and implementation of watershed management.
Construction, repair, replacement and maintenance of storm water conveyance
systems.
The measure specifies that if the tax is extended, the ordinance must set forth the new
duration of the tax. If the tax is expanded, the ordinance must contain an expenditure
plan with information on the expanded allocation categories. The proposed ordinance
must include a) the nature of the tax to be imposed; b) the tax rate or the maximum tax
rate imposed by the measures; and c) the purposes for which the revenue will be used.
It also requires SANDAG to contract with the State Board of Equalization to perform
specified functions, if the ordinance extends the transportation sales tax.
This legislation specifies that an action to question, deny, or contest an ordinance that
extends a local transportation sales tax, imposes an expanded-purposes sales tax, or
the issuance of bonds under the tax, must commence within 60 days from the date
when the ordinance is approved by the voters. If the action or proceeding does not
commence within the go-day period, the levy and collection of the sales tax and any
subsequent bonds that are issued shall be deemed legal, valid and incontestable.
This law designates MTDB as the sole applicant for local TDA sales tax funds available
within the area of the board’s jurisdiction, which generally is the southern portion of San
Diego County. This law requires MTDB to consolidate all available local, state and
federal transit funds for transit operators and systems within its jurisdiction, and adopt a
policy to prioritize the use of those funds in coordination with the affected local transit
LCC Legislative Report - 1 l/O1 106 Statutes of 2001
operators. Under this law, MTDB must establish a funding policy in coordination with
the affected transit operators and jurisdictions. ’
369. Bar Pilots. Monterey Bay. SB 637 (McPherson), Chapter 177, Statutes of 2001. This
legislation adds Monterey Bay to the regulatory scheme for bar pilots that operate within
the Bays of San Francisco, San Pablo, and Suisun. It adds ‘Monterey Bay to those
waters in which pilots licensed by the Board of Pilot Commissioners have exclusive
authority to pilot vessels from the high seas and within the bays, and extends, to
Monterey Bay, the misdemeanor imposed for piloting a vessel without a license. This
measure specifies that use of a pilot boat is not required to provide pilot services for
Monterey Bay and requires pilots licensed to operate on Monterey Bay to maintain
proper federal endorsements for piloting on both the high seas and Monterey Bay.
370. Transportation. Transit Districts. Property Acquisition. SB 655 (Machado),
Chapter 280, Statutes of 2001. This legislation authorizes the Sacramento Regional
Transit District to utilize its powers in regard to real or personal property within the
district, as necessary for, incidental to, or convenient for transit oriented joint
development projects that are consistent with the general plan and any applicable
specific plan. This measure prohibits the district from exercising its power of eminent
domain in order to make an acquisition related to transit-oriented joint development. It
also requires that before the district utilize its power (as allowed by this law) that it adopt
at a public hearing, policies and procedures for implementing this law, and invite public
comment on the policies and procedures.
371. Fresno County Transportation Authority. SB 685 (Costa),’ Chapter 474, Statutes of
This legislation revises the Fresno Transportation Improvement Act to continue 2001.
the Fresno County Transportation Authority (FCTA). Existing law authorizes counties to
impose a transaction and use tax rate of l/4 percent, or a multiple thereof, upon proper
authorization by the voters. Three transactions and use taxes are currently imposed
within Fresno County: a l/2 percent transactions and use tax to finance highway
improvements by FCTA; a l/8 percent county public library transactions and use tax;
and 3/10 percent public safety tax for the city of Clovis. The current FCTA transactions
and use tax expires in 2007. The Fresno Transportation Improvement Act, enacted by
SB 878 (Boatwright, Chapter???, Statutes of 1986) allowed Fresno County to place a
transportation sales tax on the county election ballot and required majority vote approval
on the tax. The Fresno transportation sales tax was approved in 1987. This legislation
allows Fresno County, subject to a two/thirds voter approval at a future election, to
extend its current cent sales tax rate for transportation, scheduled for elimination in
2007, for another 30 years to 2037. This legislation authorizes the FCTA, subject to a
two/thirds voter approval at a future election, to extend its current % cent sales tax rate
for transportation, scheduled for elimination in 2007, for another 30 years to 2037. This
measure also requires the transportation planning agency to prepare a county
transportation expenditure plan regarding the expenditure of the revenues expected to
be derived.
372. Outdoor Advertising Displays. Metropolitan Transportation Authority of Los Angeles County. SB 919 (Polanco), Chapter 928, Statutes of 2001. This legislation
prohibits any outdoor advertising display that exceed ten feet in either length or width,
being built upon land or rights-of-way owned by the Los Angeles Metropolitan
LCC Legislative Report - 1 l/01 107 Statutes of 2001
. Transportation Authority unless the display complies with the Outdoor Advertising Act,
the federal Highway Beautification Act, and certain local provisions. This legislation
prohibits the authority from disregarding or preempting any law, ordinance, or regulation
of any city, county, or other local agency involving any outdoor advertising display.
373. Highways. Trees and Shrubs. SB 1065 (Perata), Chapter 284, Statutes of 2001.
This legislation makes it a violation of the Outdoor Advertising Act for the owner of the
display or anyone acting on the owner’s behalf to remove, cut, cut down, injure or
destroy, without a permit issued by the Department of Transportation, any tree, shrub,
plant or flower growing on the property owned by the Department if that conduct is
undertaken in order to enhance the display’s visibility.
XIII. VEHICLES
374. Vehicles. Drivers’ License. Length Limitation. AB 67 (Firebaunh), Chapter 658,
Statutes of 2001. Urcrencv. This measure requires the Commissioner of the California
Highway Patrol to establish a committee for the purpose of developing a public
awareness and outreach campaign to educate manufacturers, sellers, and owners of
house cars regarding locations where those vehicles may be legally operated within the
state. It requires the commissioner to report to the Legislature by February 1, 2003 and
February 1, 2004 regarding the number of house cars involved in traffic collisions during
the prior calendar year. It also extends the length limitation ‘on house cars from 40 to 45
feet on Interstate and Defense Highways, portions of federal air primary system
highways identified by the U.S. Secretary of State, routes identified by the Department
of Transportation or local authorities, and when accessing fuel, food and lodging
facilities within one road mile of identified points of ingress or egress to be highways
listed above. This measure requires drivers of house cars over 40 feet to take both a
written and skills examination, receive a non-commercial Class B license, and to submit
a specified medical form to the Department of Motor Vehicles.
375. Vehicles. Limitations of Access. AB 220 (Strom-Martin), ChaDter 413, Statutes of
2001. This measure extends the repeal date until January 1, 2004, continuing for two
years the exemption from established limitations of access, licensed carriers of livestock
when engaged in travel necessary and incidental to the shipment of livestock on
specified portions of State Highway 101. This legislation requires the California
Highway Patrol, in consultation with the Department of Transportation, to conduct a
comprehensive study of the effect that the exemption has.on public safety during the
entire effective period of the exemption, and to report their findings to the Legislature by
May 1,2003.
376. Rental Vehicles. Passenger Vehicles. AB 491 (Frommer), Chapter 661. Statutes of
2001. This measure revises provisions governing a renter’s liability for loss due to theft,
a rental company’s loss of use, or damage or loss to a rental vehicle, a renter’s credit
card liability, submission of insurance claims, damage waivers and waiver fees, the
notice to a renter regarding financial responsibility and optional damage waivers. It also
adds provisions to existing law which becomes operative January 1, 2002, regarding
LCC Legislative Report - 1 l/01 108 Statutes of 2001-
377.
definitions and restrictions governing the terms of rental agreements for passenger
vehicles. The measure regulates the imposition of customer facility charges and the
disclosure of those charges in advertisements, quotabuns, and reservabons. This taw
states limitations on what the facility charges can be used for at the Burbank Airport.
Traffic Violator Schools. AB 509 (Leach), Chapter 457, Statutes of 2001. This
measure provides that traffic violator schools are also licensed for purposes of providing
traffic safety instruction to persons who elect. to attend. This measure requires any
person who elects to attend a traffic violator school receive from the school and sign a
copy of a consumer disclosure statement concerning training, regulatory standards and
vehicle code requirements pertaining to driving schools, prior to paying and attending
the school. This requirement does not apply to persons referred to traffic violator
schools by courts. This legislation requires the school retain a copy of the signed
disclosure statement for a minimum of 36 months. .
378. Special Interest License Plates and Decals. Veterans’ Organizations. AB 527
IKehoe), Chapter 201, Statutes of 2001. This measure reduces the fee for a
replacement decal issued to a member of a veterans’ organization from $35 to $10 until
July 1, 2002.
379. Vehicles. Stop Lights. Rights-of-Way. Yielding. AB 563 (Maldonado), Chapter 14,
Statutes of 2001: Existing law requires a driver making a right turn after stopping at a
steady red traffic signal to yield the right-of-way to traffic lawfully using the intersection.
This legislation, instead, requires the driver to yield to any vehicle that has approached
or is approaching so closely as to constitute an immediate hazard to the driver, and to
continue to yield the right-of-way to that vehicle until the driver can proceed with
reasonable safety.
380. Off-Highway Vehicles. AB 723 (Varoas), Chapter 227, Statutes of 2001. This
legislation extends the sunset to January 1, 2007 on the Off-Highway Motor Vehicle
(OHVs) Recreation Program, which provides effectively managed areas for OHV
recreation, conservation and enforcement of ecologically balanced recreation. This
extension is the result of a negotiated agreement in order to allow the interested parties
to continue working toward a solution that accommodates both recreational and
environmental concerns. Additionally, this measure adds an $8 “special fee” for off-
highway vehicle identification plates, and transfers the revenues to the new Off-Highway
Vehicle Trust Fund for the purposes of (a) acquiring, developing, constructing,
maintaining, administering, operating, or conserving facilities for the use of off-highway
motor vehicle; (b) controlling the operation of motor vehicles in areas off the highways
where their operation is restricted or prohibited; and (c) reconstructing and repairing
damage caused by the use of OHVs on property where their operation is prohibited.
This measure requires loans to the General Fund from the Off-Highway Vehicle Trust
Fund to be reimbursed without interest within two fiscal years.
381. Motor Carriers. Drivers. AB 1262 (Minden), Chapter 789, Statutes of 2001. This
legislation requires every motor carrier regularly employing more than 20 full-time
drivers to report to the California Highway Patrol whenever it replaces more than half its
drivers within a 30 day period, except for motor carriers for which the replacement of
drivers in one geographical area, with drivers in another geographical area is based on
LCC Legislative Report - 1 l/O1 109 Statutes of 2001
normal seasonal fluctuations. This law requires the California Highway Patrol to inspect
the motor carrier and ensure that it is complying with all safety operations requirements
within 21 days of receiving the report.
382. Commercial Motor Vehicles. AB 1280 (Reves). Chapter 504, Statutes of 2001. This
measure includes in the definition of “serious traffic felony” driving a commercial motor
vehicle without a commercial drivers license, driving a commercial motor vehicle without
the driver having in his/her possession a commercial driver’s license, and driving a
commercial motor vehicle when the driver has not met the minimum testing standards
for that vehicle as to the class or type of cargo the vehicle is carrying. This includes
farm labor vehicles in the above requirements.
383. Vehicles. Commercial Vehicle Registration. AB 1472 (Lonnville), Chapter 826,
Statutes of 2001. The International Registration Plan (IRP) is a reciprocal program
intended to facilitate commercial vehicle registration and operation among its member
states and other jurisdictions and provide a uniform system for the allocation and
collection of commercial vehicle operating fees by all the states. The membership of the
IRP consists of all the 48 contiguous states, the District of Columbia, and three
Canadian provinces. The IRP system provides a means by which trucking companies
operating in several states can pay operating fees to the vehicle licensing authority in
their home state. The home state authority assesses, collects, and distributes the
proportionate amount of fees that would otherwise be due and collected by each of the
individual states in which the trucking firm operates. While a member of the IRP since
1985, it was not until the enactment of the Commercial Vehicle Registration Act of 2000,
(SB 2084 (Polanco), Chapter 861, Statutes of 2000) that California came into full
compliance with the law.
This legislation makes necessary technical changes in the Commercial Vehicle
Registration Act of 2000 (SB 2084) to ensure that California is in full compliance with all
the standards of the IRP. These provisions are designed to be revenue-neutral in
keeping with SB 2084:
l Corrects an error in the Commercial Vehicle Registration Act of 2000 that resulted in
the unintentional application of the act to vehicles with a declared gross weight less than
10,001 pounds, and authorizes the Department of Motor Vehicles to issue refunds for
any such fees that were incorrectly collected.
* Includes logging dollies, pole or pipe dollies and trailer buses which have been issued
valid identification plates and an auxiliary dolly or two dolly within those listed vehicles
that are exempt from personal property taxation (this exemption does not include
logging dollies used exclusively off-highway).
* Clarifies that the declared gross weight threshold includes declared combined gross
vehicle weight.
l Allows a permanent trailer identification sticker to be affixed in lieu of an identification
plate.
LCC Legislative Report - 1 l/O1 110 Statutes of 2001 -
* * Requires the Department of Motor Vehicles (DMV) to report only $82 of the monies
collected for each initial, original and renewal of registration to the Controller and
deposited in the Motor Vehicle Account. This measure requires other monies cottected
by DMV for the registration of commercial vehicles be deposited to the State Highway
Account.
384. Vehicles. Registration. AB 1621 (Cardenas). Chapter 868, Statutes of’2001. Current
law provides that for commercial vehicles registered under the International Registration
Plan (IRP), registration fees and Vehicle License Fees (VLF) are due on December 31
of the year preceding the registration year. For most other vehicles, registration and
VLF fees are due on the anniversary date of the vehicle purchase. This legislation
provides that vehicles registered pursuant to the IRP and vehicles registered under the
Partial Year Registration Program expire at midnight of December 31 of the registration
year. Also, this measure provides that in the event of future VLF reductions or
increases, the registration for commercial vehicles subject to the IRP will be deemed to
be due in the succeeding calendar year. For example, if a VLF cut were enacted
January 1, 2004, commercial vehicles with a due date of December 31, 2003, would be
eligible for the rate cut or increase at the time their December 31, 2003 registration is
due rather than at the December 31, 2004 due date.
385. Child Passenger Restraint System and Seatbelts. Accident Reports. SB 42
(Speier), Chapter 84, Statutes of 2001. Ursency. This measure changes the operative
date of a law passed in the year 2000 from January 1, 2001 to January 1, 2002. It also
makes technical changes to existing vehicle accident report statutes.
0 386. Vehicles. Department of Motor Vehicles. Private Industry Partners. Tow Trucks.
SB 46 (Polanco), Chapter 127, Statutes of 2001. Ufoency. The various provisions in
this legislation were the result of a collaborative effort involving the Department of Motor
Vehicles (DMV), the California Highway Patrol (CHP), and the California Tow Truck
Association. This measure was introduced in part to create a task force that will
recommend legislative changes for improving state oversight of the towing industry.
The goal of this measure is to establish solid industry standards that will improve towing
safety and consumer protection. It has the following provisions:
* Establishes the Tow Truck Advisory Committee to develop proposed statewide
tow truck standards and report to the Legislature on or before December 31,
2002.
l Specifies that when conducting a criminal history and driver history check of any
CHP rotation tow truck operator, the Commissioner may utilize the California
Law Enforcement Telecommunication System.
* Existing law requires every two-truck driver to notify each of his or her employers
and prospective employers of an arrest or conviction of any specified crime.
This legislation specifies that this notification is required to be given by each
freeway service patrol tow truck driver, any CHP rotation tow truck driver and
requires the Department to be one of the recipients of the notification.
LCC Legislative Report - 1 l/01 111 Statutes of 2001
* Existing law makes it unlawful for a driver to knowingly provide false information
on an application for a tow truck driving certification or to fail to comply with
GeRainnatifiwtiarr~. Tl?i!meastrrespecifiesttrattheseprovisiansto
CHP rotation truck operators including freeway service patrol tow truck
operators.
l Requires the keeper of the garage, upon demand, to give the personal property
to the current registered owner or owners agent without charge during normal
business hours.
l Existing law provides procedures for the sale of a vehicle at a lien sale and
requires the lien holder, following the sale of a vehicle at a lien sale to remove
and destroy the vehicle’s license plates and to submit a completed “Notice of
Release of Liability” form to the State DMV. This requires the person who
conducts the sale, rather than the lien holder, to perform these duties.
* Authorizes DMV to establish contracts for electronic programs to join the DMV
with qualified private industry partners to provide vehicle title and vehicle
registration transactions and authorizes the DMV to enter into contractual
agreements with the following three types of private industry partnerships:
a) - First-line business partners is an industry partner that receives data
‘directly from DMV and uses it to complete registration and titling activities
for that partners own business purposes.
b) First-line service provider is an industry partner that receives information
from the DMV and then transmits it to another authorized industry
partner.
c) Second-line business partner is a partner that receives information from a
first-line service provider.
* Requires that the private industry partner contractual agreements must include
the following minimum requirements:
a) Filing of an application and payment of an application fee, as established
by DMV.
b) Submission of information, including, but not limited to, fingerprints and
personal history statements, focusing on and concerning the applicant’s
character, honesty, integrity, and reputation as the DMV may consider
necessary.
a Posting a bond in an amount consistent with Section 1815.
d) Requires that DMV, through regulations, establish any additional
requirements for the purpose of safeguarding privacy and protecting the
information authorized for release under this section. Authorizes the
director of DMV to establish the maximum amount that a qualified private
industry partner may charge for its services. Authorizes DMV to establish
a transaction fee that it may charge to a qualified private industry partner
for the information and services provided, and provides that the private
industry partner can pass the transaction fee to the customer. Requires
all fees collected pursuant to the above to be deposited in the Business
Partner Automation Account in the Special Deposit Fund, established by
this legislation, to be available, upon appropriation, to DMV for the
LCC Legislative Report - 1 l/O1 112 Statutes of 2001
387.
8 388.
389.
390.
390.
purpose of maintaining, monitoring, and enhancing the above described
programs. Requires DMV to adopt regulations and procedures and to
provide a described annual informational -ta the tegislature.
Motor Vehicle, Insurance. SB 81 (Speier), Chapter 95. Statutes of 2001. This
measure requires that uninsured motorist coverage include coverage for bodily injury to
the insured that is caused by a person operating the injured insured’s vehicle without the
consent of the injured insured in connection’ with criminal activity that has been
documented in a police report and that the injured insured is not a party to.
Service Authority, SB 106 (Sher), Chapter 175. Statutes of 2001. The Abandoned
Vehicle Program provides funding in a cost-effective manner, for the program costs of
abating ab,andoned vehicles as well .as reimbursement for equipment used for the
enforcement of abandoned vehicle regulations. This measure authorizes the extension
of a local $1 vehicle registration surcharge for abandoned vehicle abatement upon the
adoption of a specified local resolution, requires local abatement authorities to report
annually on the use of vehicle abatement funds, and requires the Controller to review
the reports and the use of such funds to ensure compliance with the law. This measure
specifically authorizes the extension of the collection of abandoned vehicle fees in
increments of up to ten years each, thereby extending the fee and continuous
appropriation: This measure limits the authority to suspend the service fee to
abatement programs that have been in existence for at least two fiscal years, and
requires every service authority that imposes a fee to issue a fiscal year end report to
the Controller on or before October 31. If the report is not submitted by November 3d,
the authority will have its fee suspended for one year. This legislation requires that if a
service fee is suspended for one year that the suspension begins on July 1, following
the Controllers determination.
Vehicle Conditional Sale and Lease Contracts. SB 281 (O’Connell). Chapter 287,
Statutes of 2001. This legislation requires conditional sale contracts include in the
financial disclosure the California Tire Fee, and excludes express warranty, titling, titling
transfer, insurance policies, and documents regarding the sale or lease of specified
goods or services from being included in a vehicle lease contract.
Vehicles. Garbage. Cover. SB 624 (Soto), Chapter 279, Statutes of 2001. This
legislation prohibits a vehicle from transporting, rather than prohibiting a vehicle loaded
with garbage, swill, cans, bottles, wastepapers, ashes, refuse, trash, or rubbish, or any
other noisome, nauseous, or offensive matter unless the materials are totally covered
while being transported. This legislation provides that vehicles transporting wastepaper,
waste cardboard, or used cans or bottle are in compliance if appropriate binders are
used to prevent the load from spilling or falling from the vehicle. Exempts any vehicle
transporting wet waste fruit or vegetable matter from these provisions.
Vehicles. Registration. International Registration Plan. SB 734 (Kamette), Chapter
539, Statutes of 2001. This measure includes trailers that are subject to identification in
terms of regulating and licensing vehicle dealers, distributors, franchises and
manufacturers that are currently in existing law. The legislation authorizes the
Department of Motor Vehicles (DMV) to issue a permit to authorize the unladen
operation of a vehicle or vehicle combination for a period of not more than 15 days if the
LCC Legislative Report - 1 l/O1 113 Statutes of 2001 -
apportioned registration for the vehicle was last registered by a California resident. This,
measure requires the DMV to charge interest on any underpaid fees due under the
apputiuned n?gistmun provism ur $50, whichever is greater.
391. Vehicles. Preferential Parking. SB 779 (Kamette), Chapter 223, Statutes ‘of 2001.
Existing law authorizes a local authority by ordinance or resolution to authorize
preferential parking for members of organization, professions or other designated
groups to park on specified streets, if the local authority determines the use of the
permits will not adversely affect parking conditions for residents and merchants in the
area. This measure specifically designates that school personnel are included in the
categories of persons eligible to be granted preferential parking permits by local
authorities.
392. Vehicles. SB 964 (Costa), Chapter 497. Statutes of 2001. Urclencv. This legislation
allows any cotton module mover or truck tractor pulling a semi-trailer that is a cotton
module mover to operate on any state highway, within the Counties of Butte, Colusa,
Fresno, Glenn, Imperial, Kern, Kings, Madera, Merced, Riverside, Sacramento, San
Benito, San Bernardino, San Joaquin, Stanislaus, Sutter, Tehama, Tulare, Yolo and
Yuba. This legislation also prohibits the operation of the specified vehicles on state
highways within the specified counties unless the operator has a drivers license of the
class required for operation of the vehicle and the vehicle complies with certain lighting
requirements and weight limits.
393. State Vehicle Fleet. SB 1170 (Sher), Chaoter 912, Statutes of 2001. This legislation
makes it the policy of the state to minimize the use of petroleum-based fuels by state
agencies. It requires the State Energy Resources Conservation and Development
Commission and the Department of General Services and the State Air Resources
Board to develop and adopt fuel-efficiency specifications governing the purchase of
motor vehicles and replacement tires by the state. This measure requires the
Commission and the Department to conduct a study to examine state vehicle
purchasing patterns and to analyze the costs and benefits of reducing the energy
consumption of the state fleet by no less than 10 percent on or before January 1, 2005.
The measure requires the Commission, the Department, and the State Board, on or
before January 31, 2003, and annually thereafter, to develop and adopt air pollution
emission specifications governing the purchase by the state of passenger cars and light-
duty trucks that meet or exceed the state’s Ultra-Low Emission Vehicle (ULEV)
standards for exhaust emissions.
XIV. MISCELLANEOUS
ANIMALS
394. Animals. Great Bodily Injury. AB 1709 (Minden), Chapter 257, Statutes of 2001.
This measure revises the provisions of existing law regarding owners of Uroencv.
animals that are permitted to be kept at large. The law revises those provisions to also
LCC Legislative Report - 1 l/O1 114 Statutes of 2001
make subject to its proscription any person having custody or control of a mischievous
animal and would, in addition, make it a misdemeanor or a felony if the mischievous
arimalcatrsesseriausbadi~injurytoanyhvmarbeirrgwhohastakenallpreeautias
which the circumstances permitted, or which a reasonable person would ordinarily take
in the same situation.
l 395. Sentry Dogs. SB 769 (Finueroa). Chapter 377, Statutes of 2001. Existing law
$‘“c :L
establishes limitations and procedures with respect to the use of sentry dogs. This
measure requires any person, firm, partnership, association, or corporation that
c operates or maintains a business to sell, rent, or train any attack, guard, or sentry dog to
2 ,,’ * obtain a permit from the local agency, private society, or pound contracting with the local .9 L ‘,. public agency for animal care or protection services. It also requires each local public
agency to adopt and implement a permit program for the administration of the
requirement, and gives the local agency the authority to pass an ordinance establishing
standards for the care of animals under the legislation. This legislation requires
permitees to maintain a register of names and addresses to whom sentry dogs are sold,
and also authorizes the local agency to apply a fine up to $1,000 for the first incident in
violation of the provisions of this legislation. The measure also requires microchipping
of animals subject to the measure for identification purposes.
SMOKING AND TOBACCO CONTROL
396.
397.
398.
Smoking. Playgrounds. AB 188 (Varqas), Chapter 150, Statutes of 2001. This.
measure prohibits the smoking of any cigarettes, cigar, or other tobacco related product
within a playground or tot lot sandbox area. It prohibits any person from disposing of
any cigarette, cigarette butts, cigar butts, or other tobacco related waste within a
playground or tot box. It also prohibits any person from intimidating or threatening any
reprisal, for the purposes of retaliating against another person who seeks to attain
compliance with the provisions of the legislation. It does not apply to private property.
Tobacco. SB 322 (Ortiz). Chapter 375. Statutes of 2001. This measure prohibits any
person from selling, distributing, or importing a tobacco product referred, to as bidis or
beedies, unless the product is sold, offered for sale, or intended to be sold in a business
that excludes minors.
Tobacco Control. SB 757 (Ortiz), Chapter 376, Statutes of 2001. Existing law vests
with the State Department of Health Services the primary responsibility for enforcement
of tobacco control laws and requires the Department to conduct random, on-site
inspections at retail sites. This legislation authorizes the Department to conduct on-site
sting inspections in response to public complaints regarding the sale of tobacco
products to minors or at a retail location where previous violations have occurred. The
measure also provides that a peace officer is required to identify to the seller the identity
of the person under 18 years of age who engaged in the sale of tobacco products. The
measure also requires the Department to notify the retail establishment of the inspection
following an attempted sale.
Under existing law, it is unlawful to sell tobacco products from a vending machine or
appliance except vending machines located at least 15 feet from the entrance of a
public premises licensed to sell tobacco. This measure makes it unlawful for any person
LCC Legislative Report - 1 l/O1 115 Statutes of 2001 ’
engaged in the retail sale of tobacco products to sell, offer for sale, or display cigarettes
by self-service displays except under specifieg circumstances. This legislation makes a
number of other changes regarding the sale of tobacco products to persons under 48
years of age.
LCC Legislative Report - 1 l/O1 116 Statutes of 2001