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HomeMy WebLinkAbout2021-04-13; City Council Legislative Subcommittee; ; Legislative Update and Advocacy ReportCity Council Legislative Subcommittee Meeting Date: April 13, 2021 To: City Council Legislative Subcommittee From: Jason Haber, Intergovernmental Affairs Director Item 3: Legislative Update and Advocacy Report Recommendation: Receive an update on state and federal legislative and budget activity and recent and ongoing advocacy efforts, and provide feedback to staff. Discuss and determine the Subcommittee's recommended advocacy positions on high priority bills. Discussion: Staff and the Renne Public Policy Group (RPPG) will present an update and overview of state legislative activity (Exhibit 1) and the priority legislation being tracked on behalf of the city (Exhibit 2). The Subcommittee is requested to provide feedback to help city staff and our lobbying consultants focus the city's advocacy efforts on high priority bills and to identify bills for future City Council consideration. Staff will also present an update on recent discussions with U.S. Congressman Mike Levin's office related to the federal Community Project Funding opportunity. Staff will discuss and request Subcommittee input regarding the following projects being considered to submit for funding: 1.Coastal projects —Tamarack and Terramar Improvements, Beach Access Improvements 2.Barrio projects —Traffic circles and lighting 3.Police and Fire Headquarters projects — Seismic retrofit and refurbishment. On Apr. 5, the city sent the letter attached as Exhibit 3 to California State Senator Anthony Portantino in support of his SB 612 - Electrical corporations and other load-serving entities: allocation of legacy resources. This bill would ensure that resources held in the Investor Owned Utility (IOU) portfolios are managed to maximize value for all customers, and would ensure fair and equal access to the benefits of these legacy resources. This bill is coauthored by Assemblymember Boerner Horvath and is strongly supported by the California Community Choice Association (CalCCA). April 13, 2021 Item #3 Page 1 of 20 On April 7, the city sent the letter attached as Exhibit 4 to California State Assemblymember Kevin Mullin in support of his AB 1029 - Housing Elements: Pro-housing Local Policies. This bill adds "preservation of affordable housing units" to the list of "pro-housing local policies" that entitle jurisdictions to priority access for state housing funds. On April 9, the city sent the letters attached as Exhibits 5, 6, 7 and 8. Exhibit 5 was sent to California State Senator Tom Umberg, Chair of the Senate Judiciary Committee, opposing SB 278 (Leyva) — PERS: Disallowed Compensation: Benefit Adjustments. This bill would require public agencies to directly pay retirees and/or their beneficiaries disallowed retirement benefits using General Fund dollars. Exhibit 6 was sent to State Assemblymember Bill Quirk, Chair of the Assembly Environmental Safety and Toxic Materials Committee, opposing AB 377 (Rivas) Water quality: impaired waters. The bill attempts to circumvent the local/regional regulatory authority exercised by State and Regional Water Quality Control Boards, and discretion over stormwater permitting and enforcement. Exhibit 7 was sent to State Senator Ben Allen in support of his SB 54 - Plastic Pollution Producer Responsibility Act. This bill would prohibit producers of single-use disposable packaging or single- use disposable food service ware products from offering for sale, selling, distributing, or importing in or into the state such packaging or products that are manufactured on or after January 1, 2032, unless they are recyclable or compostable. And finally, Exhibit 8 was sent to State Senator Ben Hueso, Chair of the Senate Energy, Utilities, and Communications Committee, in opposition to SB 556 (Dodd) - Street Light Poles, Traffic Signal Poles, Utility Poles, and Support Structures: Attachments. This measure directly conflicts with the Federal Communications Commission's (FCC) adopted regulations on wireless services deployment; requiring local governments to make space available to telecommunications providers on public infrastructure while undermining local authority to manage the public right- of-way. Staff are continuing to identify operational needs and policy priorities that might translate into additional state and federal advocacy initiatives, which will be presented for discussion with and feedback from the Legislative Subcommittee. Exhibits: 1.RPPG Legislative Monthly Report — March 2021 2.Priority Legislation List —April 2021 3.SB 612 (Portantino) - Letter of Support 4.AB 1029 (Mullin) — Letter of Support 5.SB 278 (Leyva) — Letter of Opposition 6.AB 377 (Rivas) — Letter of Opposition 7.SB 54 (Allen) — Letter of Support 8.SB 556 (Dodd) — Letter of Opposition April 13, 2021 Item #3 Page 2 of 20 Exhibit 1 (City of Carlsbad April 7, 2021 To: Jason Haber Intergovernmental Affairs Director City of Carlsbad From: Sharon Gonsalves Director, Government Affairs Renne Public Policy Group Re: Legislative Monthly Report — March 2021 March saw the beginning of policy committee hearings being scheduled and an initial slough of bills set to be heard and voted on. With legislation starting to take shape and move through the committee process, City staff and RPPG continue to meet weekly to review bill proposals and discuss impacts to the City. In the coming weeks, RPPG intends to dive into the various bond proposals to review with members of the subcommittee and staff. One of this session's most controversial bills, SB 9 by Senator Atkins was set to be heard in the Senate Housing Committee on March 18 but was cancelled at the request of the author. The bill was recently amended and will now be heard on April 15. Upon return from Spring Recess, legislation will move quickly through the process in order to meet the policy committee deadline. UPCOMING LEGISLATIVE DEADLINES April 5 — Legislature reconvenes from Spring Recess April 30 — Last day for policy committees to meet and report to fiscal committees fiscal bills introduced in their house. May 7 — Last day for policy committees to meet and report to the floor non-fiscal bill introduced in their house. ATTORNEY GENERAL On March 24, 2021 Governor Newsom submitted Assemblymember Rob Bonta's nomination for Attorney General, filling the seat vacated by Xavier Becerra, who was sworn in as Secretary of U.S Department of Health and Human Services. Bonta's nomination will be subject to confirmation by both the California State Assembly and Senate within 90 days. The confirmation should be a seamless process as Democrats hold a super majority in both houses. Bonta will be the state's first Filipino- American to hold the office. As California's attorney general, he leads the state Department of Justice, following in the footsteps of Becerra, Vice President Kamala Harris and Jerry Brown in one of the state's most politically powerful jobs. The agency has roughly 4,700 employees. It prosecutes people and companies who violate state April 13, 2021 Item #3 Page 3 of 20 laws, defends state government agencies in court cases and advises the state government on legal issues. COVID-19 RESPONSE California continues to aggressively roll out vaccine distributions in an effort to open the economy which is currently targeted for June 15. While still cautioning people to be diligently cautious, restaurants, salons, amusement parks and professional sporting events will see the return of patrons. Capacity will be dependent on what tier the county is in. On March 17, 2021 Governor Newsom signed two bills that were part of his Early Budget Action Items in response to the lingering effects of the pandemic. •AB 83 by the Committee on Budget —Alcoholic beverage control: license renewal fees: waiver. This bill provides clean-up changes to SB 94 (Skinner, Chapter 9, Statutes of 2021), which waived license renewal fees of the Department of Alcoholic Beverage Control and the Board of Barbering and Cosmetology. •AB 88 by the Committee on Budget — One-time stimulus and grant payments: garnishment: exclusion from gross income. This bill provides technical amendments to the Golden State Stimulus trailer bill SB 88, which established a one-time stimulus payment of $600 in order to provide relief to low-income Californians impacted by the COVID-19 emergency. On March 19, Governor Newsom signed SB 95, a budget bill to expand paid sick leave up to 80 hours. Effective March 29, 2021, California's private and public sector employers with more than 25 employees are subject to a new, expansive COVID-19 supplemental paid leave requirement for COVID-related leave taken between January 1 and September 30 of this year. The law applies to employees who are otherwise subject to collective bargaining agreements and has specific terms relating to firefighters WILDFIRE RESPONSE On March 30, Governor Newsom announced plans to invest more than $80 million in funding to hire nearly 1,400 additional state firefighters. The additional firefighters will help to bolster fuel managements and wildfire response efforts. The number breaks down to 1,256 seasonal firefighters, 119 firefighters to staff Cal Fire's helicopter attack crews, and 24 seasonal firefighters for California National Guard hand crews. Earlier this month the Department of Water Resources confirmed that the State's snowpack was well below normal, increasing the risk for another potentially record breaking fire season. On April 8, an agreement with the Legislature and Governor Gavin Newsom was announced that invests nearly a half-billion dollars into California's wildfire prevention and resiliency efforts. The $536 million package, which is consistent with the Senate's "Blueprint for a Fire Safe California" will provide short- and long-term funding for wildfire, climate, watershed, and forest health, as well as implement modern-day vegetation, forest management, and community hardening plans, and train and deploy a fire resiliency workforce. The budget bills are expected to be voted on in both houses the week of April 12. April 13, 2021 Item #3 Page 4 of 20 GUBERNATOIRAL RECALL ELECTION March 17 was the final deadline to submit signatures for the petition to recall Gov. Gavin Newsom. In just a few weeks Californians will find out officially if the recall will get on a ballot. While organizers say they have collected more than the number of signatures required to get the measure on the ballot, finalizing the process will continue for a period. The recall needs 1,495,709 valid signatures. That's 12% of the 12,464,235 votes cast in the previous gubernatorial election. Newsom's team officially launched their campaign against the recall on March 15. The ballot, if a recall election takes place, would ask two questions: if voters want to recall the governor, and who should replace him in the event that the majority votes to recall. Hundreds of people could decide to run, as California has no candidate cap during recalls, and the winning candidate only needs a plurality to claim victory. The last time a California governor was successfully recalled was in 2003, when Arnold Schwa rzenegger managed to snatch a win from then-Gov. Gray Davis and over 100 other candidates BUDGET REVENUES On March 22, Governor Newsom announced that General Fund revenues are running $14.3 billion above January's revenue forecast, with receipts for February exceeding the month's projections by $3.8 billion. Nearly 60 percent of February's gain, can be attributed to timing: lower refunds caused by later enactment of the $600 one-time Golden State Stimulus than expected in the budget, as well as fewer- than-expected state tax refunds tied to a delayed federal start to the tax filing season. ### April 13, 2021 Item #3 Page 5 of 20 Exhibit 2 Priority Legislation List April 2021 4Lr City of Carlsbad California Housing and Land Use SB 6 (Caballero) Local Planning: Housing: Commercial Zones (As amended 03/08) This bill would deem a housing development project, as defined, an allowable use on a neighborhood lot, which is defined as a parcel within an office or retail commercial zone that is not adjacent to an industrial use. The bill would require the density for a housing development under these provisions to meet or exceed the density deemed appropriate to accommodate housing for lower income households according to the type of local jurisdiction, including a density of at least 20 units per acre for a suburban jurisdiction. Status: Measure passed frorri Sen. Gov & Fin (5-0) on March 11. Set for hearing in Senate Housing (04/29) RPPG Recommended/ Client Position: Watch SB 8 (Skinner) Housing Crisis Act of 2019 (As amended 03/18) The bill extends the sunset on the Housing Crisis Act of 2019 (SB 330) by five years to January 1, 2030. This bill makes additions clarifications to SB 330 including define "commenced construction" to mean that construction pursuant to a building permit has progressed to the point that at least one required inspection has been requested. This bill would clarify, for various purposes of the act, that "housing development project" includes projects that involve no discretionary approvals, projects that involve both discretionary and nondiscretionary approvals, and projects that include a proposal to construct a single dwelling unit. Status: Measure passed from Sen. Gov & Fin (5-0) on March 25. Referred to Senate Housing (04/29) RPPG Recommended/ Client Position: Oppose SB 9 (Atkins) Housing Development: Local Approvals This measure, among various other provisions would allow for the development of multiple units on and existing parcel without local review or discretion. This measure would require that a local agency approve an urban lot split ministerially. Status: Measure pulled from 03/18 Senate Housing Hearing (Set for April 15) RPPG Recommended/ Client Position: Oppose Unless Amended SB 10 (Wiener) Planning and Zoning: Housing Development Density (As amended 03/22) This measure is intended to permit a local agency to zone for up to 10 units on a residential parcel regardless of a local voter approved initiative. However, there is an interesting reference to waiving of CEQA for the development of two accessory dwelling units and no more than two junior accessory dwelling units per parcel pursuant to Gov Code Sections 65852.2 and 65852.22. Status: Measure Heard (03/18) Senate Housing (Aye, 7: No, 1: ABS, 1) Re-referred to Senate Gov. & Fin (no hearing date) RPPG Recommended / Client Position: Watch April 13. 2021 Item #3 Pane 6 of 20 SB 15 (Portantino) Housing Development Incentives: Rezoning of Idle Retail Sites (As amended 03/081 This measure upon appropriation by the Legislature in the annual Budget Act or other statute, would require the department to administer a program to provide incentives in the form of grants allocated as provided to local governments that rezone idle sites used for a big box retailer or a commercial shopping center to instead allow the development of housing. Status: Measure Heard (03/18) Senate Housing (Aye: 7, No, 1: ABS 1) Set for hearing in Sen. Approps. On 04/05. RPPG Recommended / Client Position: Support SB 55 (Stern) Very High Fire Hazard Severity Zone: State Responsibility Area: Development Prohibition. This measure would, in furtherance of specified state housing production and wildfire mitigation goals, prohibit the creation or approval of a new development, as defined, in a very high fire hazard severity zone or a state responsibility area. By imposing new duties on local governments with respect to the approval of new developments in very high fire hazard severity zones and state responsibility areas. Status: Referred to Sen. Gov&Fin and Senate Housing (no hearing date) RPPG Recommended / Client Position: Consult with Client (City had a WATCH position last year) AB 1322 (Bonta) Land Use: Local Measures: Conflicts (As amended 04/05) This bill would authorize a governing body, defined as a city council or board of supervisors, to commence proceedings pursuant to specified provisions, to determine whether a local measure, defined as any provision of the charter, general plan, or ordinances of the city, county, or city and county that has been approved by the electorate, is in conflict with any of the specified state laws regarding housing. The bill would provide that the governing body cannot be compelled to undertake those proceedings. Status: Referred to Asm. Local Government (04/14) RPPG Recommended / Client Position: Consult with Client AB 1401 (Friedman) Residential and Commercial Development: Parking Requirements This measure would prohibit a local government from imposing a minimum parking requirement, or enforcing a minimum parking requirement, on residential, commercial, or other development if the development is located on a parcel that is within one-half mile walking distance of public transit, as defined, or located within a low-vehicle miles traveled area. Status: Referred to Asm. Local Gov (4/14) and Asm. H&CD RPPG Recommended / Client Position: Oppose AB 1029 (Mullin) Housing Elements: Prohousing Local Polices This measure Would add the preservation of affordable housing units through the extension of existing project-based rental assistance covenants to avoid the displacement of affected tenants and a reduction in available affordable housing units to the list of specified Prohousing local policies. Status: Referred to Asm. Local Gov and Asm. H&CD and Asm. Local Gov. Set for hearing in Asm. H&CD (04/15). RPPG Recommended / Client Position: Support (Letter Submitted 4/7/2021) Homelessness AB 1372 (Muratsuchi) Right to Temporary Shelter Aoril 13. 2021 Item #3 Pane 7 of 20 This measure would require every city, or every county in the case of unincorporated areas, to provide every person who is homeless, with temporary shelter, mental health treatment, resources for job placement, and job training until the person obtains permanent housing if the person has actively sought temporary shelter in the jurisdiction for at least 3 consecutive days and has been unable to enter all temporary shelters they sought. The bill would require the city or county, as applicable, to provide a rent subsidy, if it is unable to provide temporary shelter. The bill would authorize a person who is homeless to enforce the bill's provisions by bringing a civil action. Status: Referred to Asm. H&CD and Asm. Judiciary (no hearing date) RPPG Recommended / Client Position: Oppose COVID-19 Relief SB 255 (Muratsuchi) COVID-19 Emergency Small Business Eviction and Rent Relief Act. (As Amended 03/25) This bill would require a landlord, who receives a statement signed under penalty of perjury by a commercial tenant, as defined, and supported by documentary evidence that attests that the tenant requests emergency rent relief because the business of the commercial tenant has experienced a decrease in average monthly gross revenue of at least 50%, which is reasonably attributable to public health regulations adopted to address the COVID-19 pandemic, during the qualifying time period, as defined, as compared with the 12 months immediately preceding the qualifying time period, as defined, to conduct a good faith negotiation to form a plan to allow the commercial tenant a reasonable opportunity to repay COVID-19 lease debt while minimizing the hardship to the landlord. Status:Referred to the Assembly Committee on Judiciary RPPG Recommended/ Client Position: Watch Transportation SB 640 (Becker) Transportation Financing: Jointly Proposed Projects Current law requires a city or county to submit to the California Transportation Commission a list of proposed projects, as specified, to be eligible for an apportionment of 56 1 transportation funds. This bill would authorize cities and counties to jointly submit to the commission a list of proposed projects to be funded by the cities and counties' apportionments of those funds. Status: Set for hearing in Sen. Transportation on 04/13 RPPG Recommended / Client Position: Support Brown Act/Public Records Act/ Employee Relations SB 443 (Newman) Elections: Redistricting For purposes of decennial redistricting, this bill would make the criteria for the district boundaries of these political subdivisions consistent with the criteria for Senate, Assembly, Congress, and State Board of Equalization districts established under the Constitution. Status: Referred to Sen. Elections & Constitutional Amendments, March 15 hearing postponed per Author's request (No hearing date set) RPPG Recommended / Client Position: Oppose April 13. 2021 Item #3 Page 8 of 20 AB 339 (Lee) State and Local Government: Open Meetings This measure among other various local mandates, require that all public meetings, including gatherings using teleconference technology, to include an opportunity for all persons to attend via a call-in option or an internet-based service option that provides closed captioning services and requires both a call-in and an internet-based service option to be provided to the public. This measure also stipulates that a local agency shall employ needed translators for all public meetings, as defined. Status: Assembly desk awaiting committee assignment RPPG Recommended / Client Position: Oppose SB 278 (Levva) Disallowed Compensation (As amended 03/23) This measure would mandate that a local agency directly pay a retiree and subsequent beneficiary for any amount deemed by CalPERS to be disallowed compensation. This measure has a provision that would apply this new law retroactively to 2017. Status: Measure passed from Sen. P.E. & R. (5-0) and Sen. Jud. (8-0). Referred to Senate Appropriations and is set for hearing 04/19. RPPG Recommended / Client Position: Oppose Unless Amended AB 361 (Rivas) Open meetings: local agencies: teleconferences (As amended 04/06) This measure, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting for the purpose of declaring or ratifying a local emergency, during a declared state of emergency or local emergency, when state or local health officials have imposed or recommended measures to promote social distancing, and during a declared local emergency provided the legislative body makes certain determinations by majority vote. The bill would require the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency's control which prevents members of the public from submitting public comments, until public access is restored. When there is a continuing state of emergency, local emergency, or when state or local officials have imposed or recommended measures to promote social distancing, the bill would require a legislative body to make findings not later than 30 days after the first teleconferenced meeting and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures. Status: Measure amended and re-referred to Assembly Local Government Committee (no hearing date set) RPPG Recommended Position: Consult with Client Public Safety AB 48 (Gonzalez) Law Enforcement: Kinetic Energy Projectiles and Chemical Agents (As amended 03/16) This bill will ban the use of kinetic energy projectile or chemical agents by any law enforcement agency to disperse any assembly, protest, or demonstration unless their use is objectively reasonable to defend against a threat to life or serious bodily injury. Status: Measure passed Asm. Public Safety (6-2) Re-referred to the Committee on Appropriations RPPG Recommended / Client Position: Watch April 13, 2021 Item #3 Pane 9 of 20 AB 89 (Jones-Sawyer) Peace Officers: Minimum Qualifications Requires a peace officer to reach the age of 25, or obtain a college degree, prior to being hired as a peace officer, unless that person was a peace officer prior to the enactment of this bill Status: Assembly Public Safety (Was supposed to be heard 04/06; hearing postponed by the committee RPPG Recommend/ Client Position: Watch SB 2 (Bradford) Peace Officers: Certification: Civil Rights (As amended 03/11) This bill would provide that a threat, intimidation, or coercion under the Tom Bane Civil Rights Act may be inherent in any interference with a civil right and would describe intentional acts for these purposes as an act in which the person acted with general intent or a conscious objective to engage in particular conduct. The bill would eliminate certain immunity provisions for peace officers and custodial officers, or public entities employing peace officers or custodial officers sued under the act. Status: Set for hearing in Sen. Pub. Safety on 04/13. Senate Judiciary 04/29 RPPG Recommended/ Client Position: Oppose after consulting with Police Chief SB 16 (Skinner) Peace Officers: Release of Records This measure would, commencing July 1, 2022, make every incident involving use of force to make a member of the public comply with an officer, force that is unreasonable, or excessive force subject to disclosure. The bill would, require records relating to sustained findings of unlawful arrests and unlawful searches to be subject to disclosure. The bill would, also require the disclosure of records relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency that a peace officer or custodial officer engaged in conduct involving prejudice or discrimination on the basis of specified protected classes. Status: Measure passed from Senate Public Safety (4-0). Sen. Judiciary hearing 04/13. RPPG Recommended/ Client Position: Consult with Client SB 387 (Portantino) Peace Offices: Certification, Education, and Recruitment This bill would require the Commission on Peace Officer Standards and Training to work with stakeholders from law enforcement, the University of California, the California State University, the California Community Colleges, and community organizations to develop a list of courses to include as requirements for obtaining a basic certificate, as specified. The bill would require an applicant for a basic certificate to complete those courses before obtaining the certificate. Status: Set for hearing in Senate Public Safety on 04/20 RPPG Recommended / Client Position: Support Environmental Quality and Wildfire SB 1 (Atkins) Coastal Resources: Sea Level Rise (As amended 03/23) This bill would require the California Coastal Commission to also include, as part of the procedures to adopt, recommendations and guidelines for the identification, assessment, minimization, and mitigation of sea level rise within each local coastal program, as provided. The bill would delete the current 90-day timeframe specified in current law by which the commission is required to adopt these procedures. Status: Measure passed from Sen. N.R. & W. (7-2) re-referred to Sen. E.Q. 04/12 RPPG Recommended / Client Position: Consult with Client April 13. 2021 Item #3 Page 10 of 20 SB 52 (Dodd) State of emergency: local emergency: sudden and severe energy shortage: planned power outage This measure would expand the definition of "sudden and severe energy shortage" to include a "deenergization event," defined as a planned power outage, as specified, and would make a deenergization event one of those conditions constituting a state of emergency and a local emergency. Status: Measure passed from Sen. G.O. Ordered to Sen. Third Reading. RPPG Recommended / Client Position: Watch SB 54 (Allen) Plastic Pollution Producer Responsibility Act (As amended 02/25) This bill would establish the Plastic Pollution Producer Responsibility Act, which would prohibit producers of single-use, disposable packaging or single-use, disposable food service ware products from offering for sale, selling, distributing, or importing in or into the state such packaging or products that are manufactured on or after January 1, 2032, unless they are recyclable or compostable. Status: Set for hearing in Sen. E.Q. (04/26) RPPG Recommended/ Client Position: Support SB 617 (Wiener) Residential Solar Energy Systems: Permitting (As amended 03/18) This measure would require every city and county to implement an online, automated permitting platform that verifies code compliance and instantaneously issues a permit for residential photovoltaic solar energy system and an energy storage system paired with a residential photovoltaic solar energy system, as specified. The bill would require a city or county to enact or amend an ordinance to authorize a residential solar energy system and an energy storage system to use the online, automated permitting platform. Status: Set for hearing in Senate G&F on 04/08. RPPG Recommended / Client Position: Oppose/Consult with Client Utilities and Public Works AB 377 (Rivas, Robert) Water Quality: Impaired Waters (As Amended 03/22) This measure would require all California surface waters to be fishable, swimmable, and drinkable by January 1, 2050, as prescribed. The bill would prohibit the state board and regional boards from authorizing an NPDES discharge, or a waste discharge requirement or waiver of a waste discharge requirement for a discharge, to surface water that causes or contributes to an exceedance of an applicable water quality standard in receiving waters, or from authorizing a best management practice permit term to authorize a discharge to surface water that causes or contributes to an exceedance of an applicable water quality standard in receiving waters. Status: Set for hearing in Asm. Environmental Safety & Toxic Materials on 04/21. RPPG Recommended / Client Position: Oppose AB 1434 (Friedman) Urban Water Use Objective: Indoor Water Use Would establish, beginning January 1, 2023, until January 1, 2025, the standard for indoor residential water use as 48 gallons per capita daily. The bill would establish, beginning January 1, 2025, the standard as 44 gallons per capita daily and, beginning January 1, 2030, 40 gallons per capita daily. The bill would eliminate the requirement that the department, in coordination with the state board, conduct necessary Aoril 13. 2021 Item #3 age 11 of 20 studies and investigations and jointly recommend to the Legislature a standard for indoor residential water use. Status: Set for Asm. Water Parks and Wildlife (04/22) RPPG Recommended / Client Position: Watch or Oppose SB 222 (Dodd) Water Rate Assistance Program (As Amended 04/05) Would establish the Water Rate Assistance Fund in the State Treasury to help provide water affordability assistance, for both drinking water and wastewater services, to low-income ratepayers and ratepayers experiencing economic hardship in California. The bill would require the Department of Community Services and Development to develop and administer the program. The bill would make moneys in the fund available upon appropriation by the Legislature to the department to provide, in consultation with the state board, as part of the Water Rate Assistance Program established by the bill, direct water bill assistance, water bill credits, water crisis assistance, affordability assistance, and technical assistance to small public water systems. Status: Set for Senate Energy Utilities and Communications (04/12) RPPG Recommended / Client Position: Watch SB 323 (Caballero) Local Government. Water or Sewer Service. Legal Actions (As amended 03/17) This bill would create a 120 day window for legal challenges to water rates after the effective date. Status: Was heard in Sen. Gov. & Fin. (03/25) A:4; N:1; Sen Jud. (04/20) RPPG Recommended / Client Position: Consult with Client/Support SB 378 (Gonzalez) Local government: broadband infrastructure development project permit processing: micro trenching permit processing ordinance. This measure would authorize a provider of fiber facilities to determine the method of the installation of fiber. The bill would prohibit a local agency, as defined, from prohibiting, or unreasonably discriminating in favor of or against the use of, aerial installations, open trenching or boring, or micro-trenching, but would authorize a local agency to prohibit aerial deployment of fiber where no aboveground utilities exist due to Electric Tariff Rule 20 or other existing underground requirements. Status: Set for hearing in Senate Gov and Finance on 04/08. RPPG Recommended / Client Position: Consult with Client SB 556 (Dodd) Street light poles, traffic signal poles, utility poles, and support structures: attachments (As amended 03/16) Current law requires a local publicly owned electric utility to make appropriate space and capacity on and in their utility poles, as defined, and support structures available for use by cable television corporations, video service providers, and telephone corporations. Under existing law, "utility poles" include electrical poles, except those electrical poles used solely for the transmission of electricity at 50 kilovolts or higher. This bill would revise the definition of a utility pole to include an electrical transmission tower, while continuing to exclude an electrical pole, but not an electrical transmission tower, used solely for the transmission of electricity at 50 kilovolts or higher. Status: Set for hearing in Sen. E. U., & C. on (04/19) RPPG Recommended/ Client Position: Consult with client April 13. 2021 Item #3 Page 12 of 20 SB 612 (Portantino) Ratepayer Equity: allocation of legacy resources (As amended 03/09) This bill ensures fair and equal access to the benefits of legacy contracts resources for all customers and ensure that IOU portfolios are to maximize value an reduce unnecessary cost for all customers by providing all customer equal access to legacy products they are paying for in proport to what they are paying. Status: Referred to Sen. E, U, & C (No hearing date sent) RPPG Recommended/Client Position: Support (Letter submitted 4/5/2021 Miscellaneous Bond and Financing Measures ACA 1 (Aguiar-Curry) Affordable Housing and Public Infrastructure Voter Approval This Constitutional Amendment would authorize a city, county, city and county, or special district to levy an ad valorem tax to service bonded indebtedness incurred to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, or permanent supportive housing, or the acquisition or lease of real property for those purposes, if the proposition proposing that tax is approved by 55% of the voters of the city, county, or city and county. Status: Assembly Desk RPPG Recommended / Client Position: Watch AB 411 (Irwin) Veterans Housing and Homeless Prevention Bond Act of 2022. (As amended 03/01) This measure would enact the Veterans Housing and Homeless Prevention Bond Act of 2022 to authorize the issuance of bonds in an amount not to exceed $600,000,000 to provide additional funding for the VHHPA. The bill would provide for the handling and disposition of the funds in the same manner as the 2014 bond act. Status: Measure passed from Asm. H. & C.D. (8-0) re-referred to Asm. M. & V.A (no hearing date) RPPG Recommended / Client Position: Consult with Client AB 1500 (E. Garcia) Safe Drinking Water, Wildfire Prevention, Drought Preparation, Flood Protection, Extreme Heat Mitigation, and Workforce Development Bond Act of 2022. This measure would enact the Safe Drinking Water, Wildfire Prevention, Drought Preparation, Flood Protection, Extreme Heat Mitigation, and Workforce Development Bond Act of 2022, which, if approved by the voters, would authorize the issuance of bonds in the amount of $6,700,000,000 pursuant to the State General Obligation Bond Law to finance projects for safe drinking water, wildfire prevention, drought preparation, flood protection, extreme heat mitigation, and workforce development programs. Status: Referred to Assembly W.,P., 8( W. and NAT. RES committees. Set for hearing in Assembly W.,P., & W. on 04/08. RPPG Recommended / Client Position: Support SB 5 (Atkins) Affordable Housing Bond (As amended 03/10) This measure would enact the Affordable Housing Bond Act of 2022, which, if adopted, would authorize the issuance of bonds in the amount of $6,500,000,000 pursuant to the State General Obligation Bond Law. Proceeds from the sale of these bonds would be used to fund affordable rental housing and homeownership programs. Status: Re-referred to Sen. Committees on Housing & Gov. & F. (no hearing date) RPPG Recommended / Client Position: Support April 13. 2021 Item #3 Paae 13 of 20 SB 45 (Portantino) Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection Bond Act. This measure would enact the Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection Bond Act of 2022, which, if approved by the voters, would authorize the issuance of bonds in the amount of $5,510,000,000 pursuant to the State General Obligation Bond Law to finance projects for a wildfire prevention, safe drinking water, drought preparation, and flood protection program. Status: Measure passed from Sen. N.R. & W. (7-2) re-referred to Sen. Gov. & F. (04/15) RPPG Recommended / Client Position: Support Full Bill Text to any measure can be found by going to the State's legislative Information website: That can be accessed by Clicking HERE April 13, 2021 Item #3 Page 14 of 2_0 Exhibit 3 (City of Carlsbad April 2, 2021 The Honorable Anthony Portantino State Capitol, Room 3086 Sacramento, CA 95814 RE: SB 612 (Portantino) — SUPPORT Dear Senator Portantino, The City of Carlsbad is pleased to submit a letter of support for your SB 612, which would ensure that resources held in the Investor Owned Utility (IOU) portfolios are managed to maximize value for all customers, and would ensure fair and equal access to the benefits of these legacy resources. Over the last ten years, millions of utility customers have transitioned from IOUs to Community Choice Aggregators (CCA). Clean Energy Alliance (CEA) is a CCA that will service about 65,000 electric customer accounts, providing a default energy product from 50% Renewable/75% Carbon Free sources. CEA will serve customers in Carlsbad, Del Mar and Solana Beach beginning in May 2021; helping these cities accelerate reductions in greenhouse gas emissions and meet Climate Action Plan goals. When a customer transitions to a CCA, the customer continues to pay for resources, like energy, that were procured by the IOU on their behalf through the power charge indifference adjustment (PCIA). However, unlike an IOU customer, CCA customers receive no benefits from these resources. This inequity has been exacerbated in recent years as the PCIA has risen by hundreds of millions of dollars, with no sign of decreasing. The impacts of COVID-19 have made the importance of addressing this inequity and lowering costs for all customers even more urgent. This bill would ensure fair and equal access to the benefits that all customers pay for and would ensure that legacy contracts are managed in a way that maximizes benefits for everyone. The bill would require the California Public Utilities Commission (CPUC) to recognize the value of GHG-free energy in legacy contracts and would increase transparency around how the IOUs renegotiate these contracts. That is why we strongly support this bill and thank you for moving forward with this important legislation. Sincerely, Matt Hall Mayor cc: Members of the Carlsbad City Council Senator Bates Assembly Member Boerner-Horvath City of Carlsbad City Council City Hall 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 t April 13, 2021 Item #3 Page 15 of 20 Exhibit 4 (City of Carlsbad April 6, 2021 The Honorable Kevin Mullin California State Assembly, District 22 State Capitol Building, Room 3160 Sacramento, CA 95814 RE: AB 1029 (Mullin) Housing Elements: Pro-housing Local Policies - Support Dear Assemblymember Mullin, The City of Carlsbad writes in support of your Assembly Bill (AB) 1029, which would add "preservation of affordable housing units" to the list of "pro-housing local policies" that entitle jurisdictions to priority access for state housing funds. California cities are already working hard to increase the quantity of housing for their residents, but oftentimes it is very low- and extremely low-income units that are the hardest and most expensive to build. For example, the City of Carlsbad recently provided nearly $8.3 million in construction ga p financing for a new 50-unit very low- and extremely low-income project with a total per unit cost of $663,000. According to the California Housing and Community Development Department's report, California's Housing Future: Challenges and Opportunities, over the next decade, subsidies supporting 117,714 affordable housing units across the state are set to expire—likely displacing residents as these units convert to market rates. Preserving existing affordable units is an important element of a comprehensive strategy for effectively addressing the state's affordable housing deficit. Existing law requires HCD to designate a list of "pro-housing jurisdictions" by July 1, 2021, to receive priority for state funding. AB 1029 would ensure that jurisdictions prioritizing affordable housing preservation are included on that list. We believe that adding preservation of existing affordable housing as a factor for designating pro-housing jurisdictions will further enable the City of Carlsbad to compete for state resources and help ensure our most vulnerable residents can remain in their homes. Thank you for your leadership on this important issue. The City of Carlsbad is committed to being a part of the affordable housing solution for all Californians. Sincerely, Matt Hall Mayor CC: Members, Assembly housing and Community Development Assembly Member Tasha Boerner Horvath Senator Patricia Bates Members of the Carlsbad City Council April 13, 2021 Item #3 Page 16 of 20 Exhibit 5 (City of Carlsbad April 9, 2021 The Honorable Torn Umberg Chair, Senate Judiciary Committee State Capitol, Room 2187 Sacramento, CA 95814 RE: Senate Bill 278 (Leyva) - PERS. Disallowed Compensation. Benefit Adjustments. Opposition Dear Senator Urnberg: The City of Carlsbad must respectfully oppose SB 278, which would require public agencies to directly pay retirees and/or their beneficiaries disallowed retirement benefits using General Fund dollars. Our objections to this measure are rooted in policy, operational cost, and legal concerns that will inevitably face virtually every state and local government agency should this measure be signed into law. SB 278 would place 100 percent of the liability for disallowed retirement benefits on public agencies— abdicating all responsibility previously held by CalPERS to ensure that retirement benefits are calculated and administered correctly. As such, SB 278 would further strain our budget at a time when the impacts of COVID-19, retirement obligations, revenue reductions, and increased mandatory expenditures are making it ever more challenging to effectively provide critical services for the public. SB 278 would require the city to issue direct General Fund payments to retirees, triggering the need to hire actuarial and legal experts to track and report these liabilities and ensure compliance with federal reporting laws. These are costly and specialized skillsets that CalPERS staff already possess. This measure also fails to consider the common practice of employees serving multiple jurisdictions throughout their careers. Under SB 278, it is unclear which of an employee's former agencies would pay disallowed benefits. Such confusion will lead to significant compliance, legal and implementation challenges. For these reasons, the City of Carlsbad opposes SB 278 (Leyva). Sincerely, Matt Hall Mayor CC: Members, Senate Judiciary Committee Assembly Member Tasha Boerner Horvath Senator Patricia Bates Members of the Carlsbad City Council April 13, 2021 Item #3 Page 17 of 20 Exhibit 6 (City of Carlsbad April 9, 2021 The Honorable Bill Quirk, Chair Assembly Environmental Safety and Toxic Materials Committee Legislative Office Building, Room 171 Sacramento, CA 95814 Subject: AB 377 (Rivas) Water quality: impaired waters. Oppose Dear Assembly Member Quirk: The City of Carlsbad is writing to respectfully oppose AB 377 (Rivas), which would fundamentally alter the state's existing water quality programs without offering solutions to effectively meet water quality objectives. The bill proposes to overhaul the existing stormwater permitting process in a way that circumvents the local regulatory authority exercised by State and Regional Water Quality Control Boards. Stormwater regulation is extraordinarily complex and local conditions frequently require longer-term management and compliance strategies to ensure the implementation of cost-effective and scientifically sound solutions. Under current practice, these permitting decisions are made at the local level because local conditions, challenges, and needs vary drastically across the state. This bill ignores the fact that each permit is often the result of many years of detailed discussions that include state and/or regional water boards, permittees, local agencies, the environmental community, and the public. Instead, AB 377 proposes to significantly reduce local discretion regarding how permits are issued and enforced; applying rigid requirements to reduce the amount of time for implementing remediation measures and to increase mandatory penalties and enforcement. The proposed approach presumes that the tools needed to achieve desired water quality outcomes are readily available and simply more motivation is needed. Neither less time nor more enforcement will result in actions that will measurably improve water quality. Simply asking municipalities to do more, in less time, under the threat of financial penalties, is not a realistic or effective strategy for achieving the bill's water quality objectives. For the reasons stated above we must respectfully oppose AB 377 (Rivas). Sincerely, Matt Hall Mayor CC: Members, Assembly Environmental Safety and Toxic Materials Committee Assembly Member Tasha Boerner Horvath Senator Patricia Bates Members of the Carlsbad City Council April 13, 2021 Item #3 Page 18 of 20 Exhibit 7 (Cityof Carlsbad April 9, 2021 The Honorable Benjamin Allen California State Senate State Capitol, Room 4096 Sacramento CA 95814 RE: Senate Bill 54 (Allen) - Plastic Pollution Producer Responsibility Act City of Carlsbad - Letter of Support Dear Senator Allen, On behalf of the City of Carlsbad, I write to express the City's support of SB 54, which would prohibit producers of single use disposable packaging or single-use, disposable food service ware products from offering for sale, selling, distributing, or importing in or into the state such packaging or products that are manufactured on or after January 1, 2032, unless they are recyclable or compostable. SB 54 sets ambitious waste-reduction and recycling goals and establishes a framework for packaging producers to keep the most problematic disposable items out of our environment. In effect, it will set a statewide goal of reducing the waste generated by single-use disposable packaging and food service ware by 75 percent by 2032 through source reduction, recycling, and composting. In addition to these extremely important benefits to our environment, the actions which SB 54 prompt will help local governments save millions of dollars in disposal costs. SB 54 aligns strongly with the City of Carlsbad's plastic waste reduction goals. SB 54 will help to divert more material from landfills and advance our solid waste and recycling goals. Thank you for your leadership on this issue and the City of Carlsbad is pleased to support Senate Bill 54. Sincerely, Matt Hall Mayor CC: Senator Patricia Bates, 36th District Assembly Member Tasha Boerner Horvath, 76th District Members of the Carlsbad City Council April 13, 2021 Item #3 Page 19 of 20 (City of Carlsbad April 9, 2021 The Honorable Ben Hueso Chair, Senate Energy, Utilities, and Communications Committee State Capitol Building, Room 4035 Sacramento, CA 95814 RE: SB 556 (Dodd) Street Light Poles, Traffic Signal Poles, Utility Poles, and Support Structures: Attachments. Notice of OPPOSITION (As Amended 03/16/21) Dear Senator Hueso, The City of Carlsbad must respectfully oppose SB 556 (Dodd), related to wireless broadband infrastructure deployment. SB 556 directly conflicts with the Federal Communications Commission's (FCC) adopted regulations on wireless services deployment, which cities and counties across the nation are actively implementing. This measure requires local governments to make space available to telecommunications providers without recognizing local authority to manage the public right-of-way preserved in federal law. FCC regulations explicitly enable local governments to ensure that such installations meet appearance and design standards, maintain traffic safety, protect the integrity of historical resources, and safeguard citizens' quality of life. This control over the public right-of-way must remain local. Additionally, SB 556 creates ambiguity in the fees local governments can charge for access to their infrastructure. Federal law explicitly limits these fees to a "reasonable approximation of the local government's actual and direct costs," including costs to maintain a structure within the right-of-way, process a permit, and review a siting application. SB 556 further restricts fees to "actual cost" and "reasonable actual cost," creating ambiguity by changing what was already decided at the federal level. SB 556 is an attempt by the telecommunications industry to undermine local authority while making no meaningful progress towards closing the digital divide in California's unserved and underserved communities. To close the digital divide, legislative efforts should focus on encouraging and incentivizing telecommunications companies to service areas that lack access to reliable and affordable internet. While Carlsbad stands ready to work with the Legislature to further the state's broadband goals, these efforts should not inherently conflict with the appropriate local authority to manage the right-of-way and comply with existing FCC decisions. For these reasons, the City of Carlsbad must oppose SB 556 (Dodd). Sincerely, tcir,/./zei Matt Hall Mayor cc: The Honorable Bill Dodd, Senator, District 3 The Honorable Pat Bates, Senator, District 36 The Honorable Tasha Boerner Horvath, Assemblymember, District 76 April 13, 2021 Item #3 Page 20 of 20