HomeMy WebLinkAbout2021-05-11; City Council Legislative Subcommittee; ; Legislative Update and Advocacy ReportCCity of
Carlsbad
City Council Legislative Subcommittee
Meeting Date: May 11, 2021
To: City Council Legislative Subcommittee
From: Jason Haber, Intergovernmental Affairs Director
Item 2: 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.
As an update on the Subcommittee's April 13 discussion regarding the city's request to U.S.
Congressman Mike Levin for federal Community Project Funding; the city's Barrio Traffic Circles
and Lighting project was submitted for funding consideration. Staff will keep the Subcommittee
informed as the funding review and approval process advances.
On May 7, the city submitted the following advocacy letters:
Exhibit 3 to California Senate President Pro Tempore Toni Atkins in support of her SB 1—
Coastal Resources: Sea Level Rise. This bill would establish the California Sea Level Rise
Mitigation and Adaptation Act of 2021 to create a new program for the State to take
action to prepare for sea level rise associated with climate change.
Exhibit 4 to California State Assemblymember Laura Friedman in opposition to her AB
1401 — Residential and commercial development: parking requirements. This bill would
prohibit local governments from enforcing a minimum parking requirement on
developments located near public transit or within a low vehicle miles traveled area.
City Manager's Office
Intergovernmental Affairs
tirlklvillage Dr. I Carlsbad, CA 920081 760-434-2958 t Item #2 Page 1 of 21
May 11, 2021
Page 2
Exhibit 5 to California State Assemblymember Laura Friedman in opposition to her AB
1434 — Urban Water Use. This bill would prematurely change the indoor water use
standards established by state law in 2018 (AB 1668 (Friedman) and SB 606 (Hertzberg)).
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 — April 2021
2.Priority Legislation List — May 2021
3.SB 1 (Atkins) - Letter of Support
4.AB 1401 (Friedman) — Letter of Opposition
5.AB 1434 (Friedman) — Letter of Opposition
May 11, 2021 Item #2 Page 2 of 21
Exhibit 1
RPPG
Ra-Ir r, Pt!1:"!ic: Pc y is,r0jj
(City of
Carlsbad
May 6, 2021
To: Mayor Matt Hall, Legislative Subcommittee Member
Councilmember Teresa Acosta, Legislative Subcommittee Member
Jason Haber, Intergovernmental Affairs Director
City of Carlsbad
From: Sharon Gonsalves
Director, Government Affairs
Renne Public Policy Group
Re: Legislative Monthly Report — April 2021
The Legislature continues to operate under pandemic restrictions, limiting the amount of people in
the Capitol and allowing for public testimony over the phone. Upon returning from Spring Recess,
legislation has moved quickly through the policy committee process. In addition to the busy policy
committee hearing schedule, during the month of April both the Administration and the Legislature
took the opportunity to emphasize budget priorities ahead of the May Revise, the Governor's
updated budget proposal based on current projections.
UPCOMING LEGISLATIVE DEADLINES
May 7 — Last day for policy committees to meet and report to the floor non-fiscal bills introduced in
their house.
May 14— Last day for policy committees to meet prior to June 7
May 21 — Last day for fiscal committees to meet prior to June 7
June 1-4 — Floor Session Only
June 4 — Last day for bills to pass out of house of origin
June 15 — Legislature must pass budget by midnight
ATTORNEY GENERAL AND SPECIAL ELECTION
On April 23, 2021, Rob Bonta was sworn in as California's Attorney General, a seat vacated by now
United States Health and Human Services Secretary Xavier Becerra. Prior to being sworn in, Bonta
had been confirmed by both houses of the Legislature. The Assembly approved Bonta's nomination
on a 62-0 vote with Republicans abstaining, while the Senate followed with a 29-6 rollcall with three
additional Republicans not voting. Bonta will be up for election with other statewide officials next
year.
The appointment of Bonta created the need for a special election to fill his Assembly seat which
includes the cities of Alameda, Oakland and San Leandro. On April 26, Governor Newsom issued a
proclamation declaring a special election for the 18th Assembly District of the State of California on
August 31, 2021. The primary for the special election will be held on June 29, 2021.
May 11, 2021 Item #2 Page 3 of 21
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' Rare Po!icy GFoup fffl.,•
COVID-19 RESPONSE
On April 6, 2021, Governor Newsom announced that the state will reopen the California economy
on June 15 if two criteria are met:
•Vaccine supply is sufficient for Californians aged 16 years and older who wish to be
inoculated.
•Hospitalization rates are stable and low.
The following week on April 15, all California residents 16 and older became eligible to sign up for
vaccine appointments and hospitalization rates continue to decline.
On April 26, the Assembly gave final approval of AB 80 by Assemblymember Autumn Burke, the
forgiven PPP loans that businesses received from the federal government during the pandemic will
not be counted as taxable income, and these businesses can also deduct the costs of expenses that
those loans paid for. This is additional state tax relief for the small businesses that have been
struggling and may make a difference in their choosing to reopen, stay open, or shut down as they
look to the future.
To stimulate other areas that were devastated due to the pandemic Senate President pro Tempore
Toni G. Atkins, along with the Senate Budget Subcommittee chairs announced their budget proposal
to build a post-pandemic economy that invests resources to address the state's most pressing needs
in innovative and equitable ways.
The Senate's 'Build Back Boldly' proposal includes eight proposals:
•Help small business and non-profits bounce back
•Create a path to universal 0-3 childcare and education
•Make debt-free college a reality
•Address homelessness, housing affordability and home ownership
•Expand access and affordability of health care
•Invest in wildfire prevention and resilience
•Mitigate the impacts of drought
•Improve state systems
WILDFIRE RESPONSE
On April 8, an agreement with the Legislature and Governor 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 bill was quickly approved by the Legislature and signed into law on
April 13, 2021.
May 11, 2021 Item 1:t2 Page 4 of 21
RPPG
Renrk: Put)!ic Poiiey Group
DROUGHT PREPAREDNESS
Much of the state is experiencing drought conditions and California is in its second consecutive dry
year. On April 21, 2021, Governor Newsom directed state agencies to take immediate action to
bolster drought resilience and prepare for impacts on communities, businesses and ecosystems if dry
conditions extend to a third year.
Additionally, the Governor proclaimed a regional drought emergency for the Russian River watershed
in Sonoma and Mendocino counties, where reservoirs are at record lows following two critically dry
years and accelerated action may be needed to protect public health, safety and the environment.
While commended for taking early actions there are those who criticized the Governor for not taking
the same proactive measures in other parts of the state. The Governor responded by acknowledging
that a broader drought declaration could come as conditions change.
The Senate responded by releasing their budget plan on Drought, Safe Drinking Water, Water Supply
Reliability, and Ratepayer Assistance which would direct $3 billion in federal and state funds—a
combination of one-time federal dollars from the American Rescue Plan, one-time dollars from the
General Fund, and an acceleration of General Obligation Bonds. A diverse array of investments will
provide drought relief through community-based drinking water and water supply projects, water-
use efficiency projects, and sustainable groundwater management; improve water supply reliability;
and assist California families, businesses, and utilities by addressing the backlog of bills and
arrearages that have accumulated through the pandemic.
This plan acknowledges and accounts for the reality that the drought is impacting communities and
ecosystems throughout the state in unique and diverse ways due to varying regional conditions.
Given the collision of California's worsening drought conditions and lengthened wildfire season—the
U.S. Drought Monitor reports that the entire state is facing abnormally dry conditions, with much of
the state experiencing moderate or extreme drought conditions—the expenditures would be
allocated on a one-time basis to off-the-shelf projects that can start immediately.
GUBERNATORIAL RECALL ELECTION
On April 26 Secretary of State Shirley Weber confirmed the recall petition had more than enough
signatures to trigger an election. More than 1.6 million Californians signed the recall petition - well
over the 1.495 million verified signatures needed to trigger a recall election.
A California gubernatorial recall would ask voters two questions: whether they want to oust Newsom
and whom they want to replace him if he is removed. Newsom's name cannot appear on the second
question, and the winner would only need a plurality of support to become governor if voters decide
they want to recall Newsom.
The last time a California governor was successfully recalled was in 2003, when Arnold
Schwarzenegger declared victory from then-Governor Gray Davis and over 100 other candidates.
May 11, 2021 Item #2 Page 5 of 21
RPPG
Rine Public Policy Group
US CENSUS
The US Census Bureau announced on April 26 that the total population of the United States is over
331 million people, a decrease in population growth compared to growth between 2000 and 2010.
Following the Census report, Texas will gain two seats and Colorado, Florida, Montana, North Carolina
and Oregon will each gain one seat in the US House of Representatives. New York, Illinois, Michigan,
Ohio, Pennsylvania, California and West Virginia each lost a seat ahead of the 2022 midterm elections.
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May 11, 2021 Item #2 Page 6 of 21
Exhibit 2
Priority Legislation List May 2021
(City of
Carlsbad
California
Housing and Land Use
RPPG
Renne Putdic Poiicy Grov
SB 6 (Caballero) Local Planning: Housing: Commercial Zones (As amended 04/12)
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 from Senate Housing on (04/29). Votes: Y:8; N:0; A:1. Set for hearing in
Senate Appropriations on May 10.
Client PositiOn: Watch
SB 8 (Skinner) Housing Crisis Act of 2019 (As amended 05/03)
Existing law, the Housing Crisis Act of 2019, requires a housing development project be subject only
to the ordinances, policies, and standards adopted and in effect when a preliminary application is
submitted, except as specified. The act defines "housing development project" to mean a use
consisting of residential units only, mixed-use developments consisting of residential and
nonresidential uses with at least 2/3 of the square footage designated for residential use, and
transitional or supportive housing. 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. The bill would specify that this clarification is declaratory of
existing law.
Status: Measure passed from Senate Housing on (04/29). Votes: Y:8; N:1. Re-referred to Senate
Appropriations.
Client Position: Oppose
SB 9 (Atkins) Housing Development: Local Approvals (As amended 04/27)
This bill, among other things, would require a proposed housing development containing no more
than 2 residential units within a single-family residential zone to be considered ministerially, without
discretionary review or hearing, if the proposed housing development meets certain requirements,
including, but not limited to, that the proposed housing development would not require demolition
or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents
to levels affordable to persons and families of moderate, low, or very low income, that the proposed
housing development does not allow for the demolition of more than 25% of the existing exterior
updated on May o6, )0)1. RENI\"r. PUBLIC POUCY GROUP' 1100 11th Street, Suite 200-231, Sacrunenlo, Ca, 95814
www.publimolicygrolip.com
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structural walls, except as provided, and that the development is not located within a historic district,
is not included on the State Historic Resources Inventory, or is not within a site that is legally
designated or listed as a city or county landmark or historic property or district.
Status: Measure passed from Senate Governance and Finance committee Votes: Y:5; N:O. Set for
hearing in Senate Appropriations on May 10.
Client Position: Watch — Request amendment
SB 10 (Wiener) Planning and Zoning: Housing Development Density (As amended 04/27)
This measure would, notwithstanding any local restrictions on adopting zoning ordinances, authorize
a local government to adopt an ordinance to zone any parcel for up to 10 units of residential density
per parcel, at a height specified in the ordinance, if the parcel is located in a transit-rich area, a jobs-
rich area, or an urban infill site, as those terms are defined. In this regard, the bill would require the
Department of Housing and Community Development, in consultation with the Office of Planning and
Research, to determine jobs-rich areas and publish a map of those areas every 5 years, commencing
January 1, 2023, based on specified criteria. The bill would specify that an ordinance adopted under
these provisions, and any resolution to amend the jurisdiction's General Plan, ordinance, or other
local regulation adopted to be consistent with that ordinance, is not a project for purposes of the
California Environmental Quality Act.
Status: Measure set for hearing in Senate Appropriations on May 10.
Client Position: Watch
SB 15 (Portantino) Housing Development Incentives: Rezoning of Idle Retail Sites (As amended
03/08)
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 placed on Senate Appropriations Suspense file as of 04/05.
RPPG Recommended /Client Position: Support
AB 1322 (Rivas, Robert) Land Use: Local Measures: Conflicts (As amended 05/04)
This bill, among other things, 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: Read second time. Ordered to Assembly third reading.
Client Position: Watch
AB 1401 (Friedman) Residential and Commercial Development: Parking Requirements (As
amended 04/19)
Would prohibit a local government from imposing a minimum automobile parking requirement, or
enforcing a minimum automobile parking requirement, on residential, commercial, or other
updated on May 06, 2021. RENNE PUBL:C POLICY GROL/PI non 111h Street, Suite 20o-231, Sacramento, Ca, 95814
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development if the development is located on a parcel that is within one-half mile walking distance
of public transit, as defined. The bill would not preclude a local government from imposing
requirements when a project provides parking voluntarily to require spaces for car share vehicles.
The bill would prohibit these provisions from reducing, eliminating, or precluding the enforcement of
any requirement imposed on a new multifamily or nonresidential development to provide electric
vehicle parking spaces or parking spaces that are accessible to persons with disabilities, as specified.
Status: Measure passed out from Asm. Housing & Community Development committee (04/29)
Votes: Y:7; N:1. Re-referred to Assembly Appropriations.
Client Position: Oppose (Letter submitted 05/07/2021)
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: Measure passed from Asm. Local Gov. Votes: Y:6; N:2. Re-referred to Assembly
Appropriations.
Client Position: Support (Letter Submitted 4/7/2021)
AB 500 (ward] Local Planning: Permitting: Coastal Development
This bill authorizes the California Coastal Commission (Commission) to facilitate the preservation and
creation of housing affordable to lower and moderate-income households in the Coastal Zone.
Status: Measure passed Asm. Natural Resources Votes: Y:7; N:3. Re-referred to Asm. Housing and
Community Development Votes: Y:7; N:3. Re-referred to Assembly Appropriations.
RPPG Recommended /Client Position: Oppose/Consult with Client
Homelessness
AB 71 (Rivas, Luz) Bring California Home Act (As amended 05/04)
The Personal Income Tax Law, in conformity with federal income tax law, generally defines gross
income as income from whatever source derived, except as specifically excluded, and provides
various exclusions from gross income. Current federal law, for purposes of determining a taxpayer's
gross income for federal income taxation, requires that a person who is a United States shareholder
of any controlled foreign corporation to include in their gross income the global intangible low-taxed
income for that taxable year, as provided. This bill, for taxable years beginning on or after January 1,
2022, would include a taxpayer's global intangible low-taxed income in their gross income for
purposes of the Personal Income Tax Law, in modified conformity with the above-described federal
provisions.
Status: Measure passed out from Asm. Housing and Community Development. Votes: Y:6; N:2. Re-
referred to Assembly Appropriations.
RPPG Recommended /Client Position: Consult with Client
AB Bib (Chiu) State and Local Agencies. Homelessness Plan (As amended 05/04)
This measure would, on or before January 1, 2023, require each local agency to submit to HCD an
actionable county-level plan for meeting specific annual benchmarks, with the goal of reducing
homelessness by 90% by 2029. Additionally, this measure would allow the Inspector General to bring
Updated on May 06, 2021. RENNE PU3L:C POLICY GROUP' 1100 11th Strcet; Sufte 200-231, Sacramento, Ca, 9581i
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an action against the state, a local agency, or a city to compel compliance with the homelessness
action plan.
Status: Assembly Appropriations Committee
RPPG Recommended/Client Position: Consult with Client
COVID-19 Relief
SB 255 (Muratsuchi) COVID-19 Emergency Small Business Eviction and Rent Relief Act. (As
Amended 05/05)
This bill, the COVID-19 Emergency Small Business Eviction Relief Act, would, until July 1, 2025,
require a landlord, who receives a statement signed by a commercial tenant and supported by
documentary evidence that evidences 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, 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: Ordered to Assembly second reading.
Client Position: Watch
Transportation
SB 640 (Becker) Transportation Financing: Jointly Proposed Projects (As amended 04/271
Current law provides for the deposit of various funds, including revenues from certain increases in
fuel taxes and vehicle fees, for the program into the Road Maintenance and Rehabilitation Account.
After certain allocations for the program are made, existing law requires the remaining funds
available for the program to be continuously appropriated 50% for allocation to the department for
maintenance of the state highway system or for the State Highway Operation and Protection Program
and 50% for apportionment to cities and counties by the Controller pursuant to a specified formula.
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 those funds. This bill would
authorize cities and counties to jointly propose projects to be funded by the cities and counties'
apportionments of those funds, as specified.
Status: Measure placed on Senate Appropriations Suspense File as of 05/03.
RPPG Recommended Position: Watch
Brown Act/Public Records Act/ Employee Relations
AB 339 (Lee) State and Local Government: Open Meetings (As amended 05/04)
Updated on ,May o6, 2021. AIHN,\1 POLICY GROUP! 1100 11th St reel:, St.&.e )00-231, Sacramento, Ca, 95814
www,pkiblepolicygroupsom
May it 2021 Item #2 Page 10 of 21
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Renne Public Policy .Group
This measure would, until December 31, 2023, require all open and public meetings of a city council
or a county board of supervisors that governs a jurisdiction containing least 250,000 people to include
an opportunity for members of the public to attend via a telephonic option or an internet-based
service option. The bill would require all open and public meetings to include an in-person public
comment opportunity, except in specified circumstances during a declared state or local emergency.
The bill would require all meetings to provide the public with an opportunity to comment on
proposed legislation in person and remotely via a telephonic or an internet-based service option, as
provided.
Status: Measure passed from Assembly Local Gov. Votes: Y:7; N:0; A:1. Re-referred to Assembly
Appropriations.
Client Position: Neutral
SB 278 (Leyva) Disallowed Compensation (As amended 03/23)
This bill would establish new procedures under PERL for cases in which PERS determines that the
benefits of a member or annuitant are, or would be, based on disallowed compensation that conflicts
with PEPRA and other specified laws and thus impermissible under PERL. The bill would also apply
these procedures retroactively to determinations made on or after January 1, 2017, if an appeal has
been filed and the employee member, survivor, or beneficiary has not exhausted their administrative
or legal remedies. At the threshold, after determining that compensation for an employee member
reported by the state, school employer, or a contracting agency is disallowed, the bill would require
the applicable employer to discontinue the reporting of the disallowed compensation.
Status: Placed on Senate Appropriations Suspense file as of 04/20.
Client Position: Oppose (Letter submitted on 04/09/2021)
AB 361 (Rivas, Robert) Open meetings: local agencies: teleconferences (As amended 04/06)
This bill 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, as those terms are defined, 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 legislative bodies that hold teleconferenced meetings under these abbreviated
teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow
members of the public to access the meeting and address the legislative body, to give notice of the
means by which members of the public may access the meeting and offer public comment.
Status: Measure passed from Assembly Local Government. Votes: Y:7; N:0; A:1.
RPPG Recommended Position: Consult with Client
Public Safety
AB 48 (Gonzalez) Law Enforcement: Kinetic Energy Projectiles and Chemical Agents (As amended
03/16)
Updated on May 06, 2021. RI- NNE_ PUBliC POLICY GROUPI1100 11th Street, Suite 200-231, Sacramento, Ca, 95814
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Ronne Pubk Poi icv Group
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This bill would prohibit the use of kinetic energy projectiles or chemical agents by any law
enforcement agency to disperse any assembly, protest, or demonstration, except in compliance with
specified standards set by the bill, and would prohibit their use solely due to a violation of an imposed
curfew, verbal threat, or noncompliance with a law enforcement directive. The bill would include in
the standards for the use of kinetic energy projectiles and chemical agents to disperse gatherings the
requirement that, among other things, those weapons only be used to defend against a threat to life
or serious bodily injury to any individual, including a peace officer.
Status: Referred to Assembly Appropriations Suspense File.
RPPG Recommended /Client Position: Consult with Client
AB 89 (Jones-Sawyer) Peace Officers: Minimum Qualifications (As amended 02/17)
Current law requires peace officers in this state to meet specified minimum standards, including age
and education requirements. This bill would increase the minimum qualifying age from 18 to 25 years
of age. This bill would permit an individual under 25 years of age to qualify for employment as a peace
officer if the individual has a bachelor's or advanced degree from an accredited college or university.
The bill would specify that these requirements do not apply to individuals 18 to 24 years of age who
are already employed as a peace officer as of the effective date of this act. The bill would provide
legislative findings in support of the measure.
Status: Ordered to Assembly Third Reading.
RPPG Recommend/ Client Position: Watch
AB 329 (Bonta) Bail
This bill would require bail to be set at $0 for all offenses except, among others, serious or violent
felonies, violations of specified protective orders, battery against a spouse, sex offenses, and driving
under the influence. The bill would require the Judicial Council to prepare, adopt, and annually revise
a bail schedule for the exempt offenses.
Status: Measure passed from Sen. Public Safety. Votes: Y:5; N:2; A:1. Currently in Assembly
Appropriations.
Client Position: Watch
AB 582 (Patterson) Vehicle accidents: fleeing the scene of an accident
This bill would make a driver of a vehicle involved in an accident, who fails to immediately stop, as
required, at the scene of an accident that resulted in a permanent, serious injury subject to
punishment by imprisonment in the state prison for 2, 3, or 4 years, or in a county jail for not less
than 90 days nor more than one year, and a specified fine, and if the accident resulted in death, the
violation of those requirements would be punishable by imprisonment in the state prison for 3, 4, or
6 years, or in a county jail for not less than 90 days nor more than one year, and a specified fine.
Status: Referred to Assembly Suspense File.
RPPG Recommended/Client Position: Support
SB 2 (Bradford) Peace Officers: Certification: Civil Rights (As amended 04/29)
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A
This measure 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: Measure passed from Senate Judiciary. Votes: Y:7; N:2; A:2. Set for hearing in Senate
Appropriations on May 10.
Client Position: Watch
SB 16 (Skinner) Peace Officers: Release of Records (As amended 04/15)
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: Placed on Senate Appropriations Suspense File as of 05/03.
Client Position: Watch
SB 387 (Portantino) Peace Offices: Certification, Education, and Recruitment (As amended 04/28)
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: Measure passed from Senate Public Safety. Votes: Y:5; N:O. Set for hearing in Senate
Appropriations on 05/10.
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: Placed on Senate Appropriations Suspense file as of 04/20.
Client Position: Support (Letter submitted 05/07/2021)
SB 52 (Dodd) State of emergency: local emergency: sudden and severe energy shortage: planned
power outage (As amended 04/121
Updated cri May 06, 2021. RENNE PUBLIC POLICY GROUP' 1100 11th St-cet, Suife 200-231, Sacrarnerito, Ca, 9581/1
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Rem,: Public Policy Grup
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: In Assembly. Read first time. Held at Desk.
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. Approps on 05/10.
Client Position: Support (Letter submitted 04/09/2021)
SB 617 (Wiener) Residential Solar Energy Systems: Permitting (As amended 05/04)
This measure would require every city and county to implement an online, automated permitting
platform that verifies code compliance and instantaneously issues permits for a solar energy system
that is no larger than 38.4 kilowatts alternating current nameplate rating and an energy storage
system paired with a solar energy system that is no larger than 38.4 kilowatts alternating current
nameplate rating, as specified. The bill would require a city or county to amend a certain ordinance
to authorize a residential solar energy system and an energy storage system to use the online,
automated permitting platform. The bill would prescribe a compliance schedule for satisfying these
requirements, which would exempt a county with a population of less than 150,000 and all cities
within a county with a population of less than 150,000.
Status: Measure passed from Senate Energy. Votes: Y:12; N:2. Re-referred to Senate
Appropriations.
RPPG Recommended I Client Position: Consult with Client
Utilities and Public Works
AB 377 (Rivas, Robert) Water Quality: Impaired Waters (Amended 04/13)
This measure would require, by January 1, 2023, the State Water Resources Control Board and
regional boards to prioritize enforcement of all water quality standard violations that are causing or
contributing to an exceedance of a water quality standard in a surface water of the state. The bill
would require the state board and regional boards, by January 1, 2025, to evaluate impaired state
surface waters and report to the Legislature a plan to bring all water segments into attainment by
January 1, 2050. The bill would require the state board and regional boards to update the report with
a progress summary to the Legislature every 5 years. The bill would create the Waterway Recovery
Account in the Waste Discharge Permit Fund and would make moneys in the Waterway Recovery
Account available for the state board to expend, upon appropriation by the Legislature, to bring
impaired water segments into attainment in accordance with the plan.
Status: Measure passed from Assembly Committee on Environmental Safety & Toxic Materials.
Votes: Y:5; N:3; A:1. Re-referred to Senate Appropriations.
Updated on May o6, 2021. RENNE PUBLIC POLICY GROUP! 1100 lid, Street, Suite 200-231, Sacramento, Ca, 9581,I
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Client Position: Oppose (Letter submitted on 04/09/2021)
AB 1434 (Friedman) Urban Water Use Objective: Indoor Water Use (As amended 04/19)
This bill 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.
Status: Re-referred to Assembly Appropriations.
Client Position: Oppose (Letter Submitted 05/07/2021)
SB 222 (Dodd) Water Rate Assistance Program (As Amended 05/03)
This bill 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 Water Rate Assistance
Program established by the bill.
Status: Re-referred to Senate Appropriations.
Client Position: Watch
SB 323 (Caballero) Local Government. Water or Sewer Service. Legal Actions (As amended 03/17)
Current law prohibits a local agency from imposing fees for specified purposes, including fees for
water or sewer connections, as defined, that exceed the estimated reasonable cost of providing the
service for which the fee is charged, unless voter approval is obtained. Current law provides that a
local agency levying a new a water or sewer connection fee or increasing a fee must do so by
ordinance or resolution. Current law requires, for specified fees, including water or sewer connection
fees, any judicial action or proceeding to attack, review, set aside, void, or annul an ordinance,
resolution, or motion adopting a new fee or service charge or modifying an existing fee or service
charge to be commenced within 120 days of the effective date of the ordinance, resolution, or motion
according to specified procedures for validation proceedings. This bill would apply the same judicial
action procedure and timelines, as stated above, to ordinances, resolutions, or motions adopting,
modifying, or amending water or sewer service fees or charges adopted after January 1, 2022, except
as provided.
Status: Ordered to Senate Third Reading.
RPPG Recommended / Client Position: Consult with Client/Support
SB 378 (Gonzalez) Local government: broadband infrastructure development project permit
processing: micro trenching permit processing ordinance (As amended 05/04)
This measure would require a local agency to allow, except as provided, microtrenching for the
installation of underground fiber if the installation in the microtrench is limited to fiber. The bill would
also require, to the extent necessary, a local agency with jurisdiction to approve excavations to adopt
or amend existing ordinances, codes, or construction rules to allow for microtrenching. The bill would
Updated on May 06, 2021. RENNE FJBLIC POLICY GROUPI two Street, Suite 200-231, Sacramento, Ca, 958ri
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provide that these provisions do not supersede, nullify, or otherwise alter the requirements to
comply with specified safety standards.
Status: Measure passed from Senate Energy, Utilities and Communications. Votes: Y:13; N:0; A:1. Re-
referred to Senate Appropriations.
RPPG Recommended / Client Position: Consult with Client
SB 556 (Dodd) Street light poles, traffic signal poles, utility poles, and support structures:
attachments (As amended 05/04)
This measure would prohibit a local government or local publicly owned electric utility from
unreasonably denying the leasing or licensing of its street light poles or traffic signal poles to
communications service providers for the purpose of placing small wireless facilities on those poles.
The bill would require that street light poles and traffic signal poles be made available for the
placement of small wireless facilities under fair, reasonable, and nondiscriminatory fees, as provided.
The bill would authorize a local government or local publicly owned electric utility to condition access
to its street light poles or traffic signal poles on reasonable terms and conditions, including reasonable
aesthetic and safety standards. The bill would specify time periods for various actions relative to
requests for placement of a small wireless facility by a communications service provider on a street
light pole or traffic signal pole.
Status: Measure passed from Senate Gov. & Fin. Votes: Y:4; N:1. Set for hearing in Senate
Appropriations on May 10.
Client Position: Oppose (Letter submitted on 04/09/2021)
SB 612 (Portantino) Ratepayer Equity: allocation of legacy resources (As amended 05/04)
This bill would require an electrical corporation, by July 1, 2022, and not less than once every 3 years
thereafter, to offer an allocation of certain electrical resources to its bundled customers and to other
load-serving entities, including electric service providers and community choice aggregators, that
serve departing load customers who bear cost responsibility for those resources. The bill would
authorize a load-serving entity within the service territory of the electrical corporation to elect to
receive all or a portion of the vintaged proportional share of those legacy resources allocated to its
end-use customers and, if it so elects, would require it to pay to the electrical corporation the
commission-established market price benchmark for the vintage proportional share of the resources
received.
Status: Re-referred to Senate Appropriations.
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.
Updated on iViay 05, )0)1. A'r NNE PUBLIC PGL:CY GROUP11100 11th Si reef , Suite )00-231, Sacramento, Ca, 95814
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Status: Referred to Assembly committees on L. GOV. and APPR.
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: Referred to Assembly Appropriations Suspense File.
RPPG Recommended / Client Position: Watch
AB 1500 (E. Garcia) Safe Drinking Water, Wildfire Prevention, Drought Preparation, Flood
Protection, Extreme Heat Mitigation, and Workforce Development Bond Act of 2022. (As amended
04/14)
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: Measure passed out from Assembly Natural Resources. Votes: Y:8; N:1; A:2. Do pass as
amended and re-referred to Assembly Appropriations.
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. The bill would state the intent of the Legislature to
determine the allocation of those funds to specific programs. This bill would provide for submission
of the bond act to the voters at the November 8, 2022, statewide general election in accordance with
specified law.
Status: Re-referred to Sen. Committees on Housing & Gov. & F.
RPPG Recommended / Client Position: Support
SB 45 (Portantino) Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood
Protection Bond Act. (As amended 04/08)
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 $5,595,000,000 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 placed on Senate Appropriations Suspense File as of 05/03.
RPPG Recommended / Client Position: Support
Updated on May (16, 2021. RENIVE PUBLIC POLICY GROUPI -roc if" Street, St.
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Exhibit 3
(City of
Carlsbad
May 7, 2021
The Honorable Toni Atkins
President Pro Tern pore, California State Senate
State Capitol Building, Room 205, Sacramento, CA 95814
RE: SB 1 (Atkins) Coastal Resources: Sea Level Rise - Support as Amended 03/23/2021
Dear Senate President Pro Tern pore Atkins:
The City of Carlsbad is pleased to support your Senate Bill 1, which would establish the California Sea Level
Rise Mitigation and Adaptation Act of 2021 to create a new program for the State to take action to prepare
for sea level rise associated with climate change.
SB 1 (Atkins) enacts the first comprehensive sea level rise program in state government to assess and
mitigate sea level rise and to assist local governments and communities in their response to the inevitable
challenge of sea level rise.
This bill directs the California Coastal Commission to take into account sea level rise in its coastal planning,
development, and mitigation efforts. Beaches are such an important part of Carlsbad's identity. Most of the
beaches in Carlsbad are owned and managed by the California State Parks Department, which also provides
the lifeguard service, restrooms, picnic areas and parking lots. This bill will guide local and regional planning
and mitigation strategies for sea level rise.
With 3 to 6 feet of sea level rise, up to two-thirds of Southern California's beaches could be completely
eroded by 2100. In San Diego County, that endangers rail lines, the port, airport and tourism industry, as
rising water inundates infrastructure and erodes bluffs and beaches. The state and local governments can
undertake some essential near-term preparation activities—such as planning, establishing relationships and
forums for regional coordination, and sharing information—with relatively minor upfront investments.
We thank you for your leadership on the important issue of climate change and sea level rise. Should you
have any questions please contact our legislative advocate, Sharon Gonsalves, with the Renne Public Policy
Group, at (916) 974-9270.
Sincerely,
taif-dil
Matt Hall
Mayor, City of Carlsbad
cc: Assembly Member Tasha Boerner Horvath
Senator Patricia Bates
Members of the Carlsbad City Council
City of Carlsbad City Council
City Hall 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 t
May 11, 2021 Item #2 Page 18 of 21
Exhibit 4
(City of
Carlsbad
May 7, 2021
The Honorable Laura Friedman
California State Assembly
State Capitol Building, Room 2137
Sacramento, CA 95814
RE: Assembly Bill 1401 (Friedman) — Residential and commercial development: parking requirements.
Notice of Opposition (As Amended April 19)
Dear Assemblywoman Friedman:
On behalf of the City of Carlsbad, we must respectfully oppose your AB 1401, which would prohibit local
governments from enforcing a minimum parking requirement on developments located near public transit
or within a low vehicle miles traveled area.
While we appreciate the author's commitment to reduced carbon emissions and encourage housing near
transit, the City has a responsibility to plan for growth wisely, including the establishment and application
of adequate parking standards.
In recent years, several bills have instituted reforms to parking mandates and the City has taken action to
comply with these new laws. Restricting parking requirements within one half-mile walking distance of a
high-quality transit corridor does not guarantee individuals living, working, or shopping on those parcels will
have access to public transit since proximity to a corridor does not equate to a convenient transit stop.
Parking requirements are most appropriately established at the local level based on community needs.
Applying a one-size fits all approach to an issue that is project-specific does not provide a sound basis for
good community development. For the reasons listed above we must oppose AB 1401. Should you have
any questions please contact our legislative advocate, Sharon Gonsalves, with the Renne Public Policy
Group, at (916) 974-9270.
Sincerely,
Matt Hall
Mayor
City of Carlsbad
CC: Members, Assembly Appropriations Committee
Assemblymember Tasha Boerner Horvath
Senator Pat Bates
Members of the Carlsbad City Council
City of Carlsbad City Council
City Hall 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 t
May 11, 2021 Item #2 Page 19 of 21
Exhibit 5
(City of
Carlsbad
May 7, 2021
The Honorable Laura Friedman
California State Assembly
State Capitol Building, Room 2137
Sacramento, CA 95814
RE: AB 1434 (Friedman) Urban Water Use - Oppose as Amended 04/19/2021
Dear Assemblywoman Friedman:
On behalf of the City of Carlsbad, we must respectfully oppose your AB 1434 which would prematurely
change the indoor water use standards established by your bill, AB 1668 (Friedman, 2018) and SB 606
(Hertzberg, 2018).
In 2018, AB 1668 and SB 606 established a statewide framework for setting urban water use standards.
Jointly those bills directed the State Water Resources Control Board (SWRCB) in coordination with the
Department of Water Resources (DWR) to establish long-term urban water use efficiency standards by June
30, 2022. Those bills were a result of an extensive stakeholder process and looking to amend the law before
it has gone into effect is an unwarranted change to the compromise that was struck in 2018.
The targets identified in this bill do not appear to reflect the findings of any in-depth analysis of the benefits
and impacts of how the changing standard will impact water and wastewater management, including
potable water use, wastewater, recycling and reuse systems, infrastructure, operations, and supplies. Until
the water use efficiency standards required by existing law are in place, this bill is premature.
Additionally, as a result of the COVID-19 pandemic, there has been an increase in residential indoor water
use. Water providers across California and the United States have reported increased residential water use
rates in 2020 due to much of the population working from home. As California attempts to return to normal,
the traditional workplace is forever changed as companies continue to adopt policies that include working
remotely.
For these reasons, the City of Carlsbad has serious concerns with and respectfully opposes AB 1434. If you
have any questions, please contact our legislative advocate, Sharon Gonsalves, with the Renne Public Policy
Group, at (916) 974-9270.
Sincerely,
Matt Hall
Mayor
City of Carlsbad
City of Carlsbad City Council
City Hall 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 t
May 11, 2021 Item #2 Page 20 of 21
CC: Assemblywoman Tasha Boerner Horvath
Senator Pat Bates
Members of the Carlsbad City Council
May 11, 2021 Item #2 Page 21 of 21