HomeMy WebLinkAbout2021-09-14; City Council Legislative Subcommittee; ; Legislative Update and Advocacy ReportCity Council Legislative Subcommittee
Meeting Date:
To:
From:
Item 3:
September 14, 2021
City Council Legislative Subcommittee
Jason Haber, Intergovernmental Affairs Director
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 the city's
lobbying consultants focus the city's advocacy efforts on high-priority bills and to identify bills
for future City Council consideration.
Position Letters Submitted to Committees and/or Legislative Offices
• AB 1401 (Friedman)-Opposition {05/07)
• AB 1434 (Friedman)-Opposition {05/07)
• SB 1 (Atkins)-Support (05/07) ·
• SB 612 (Portantino)-Support (04/05)
• AB 1029 (Mullin)-Support (04/07)
• AB 377 (Rivas, Robert)-Opposition (04/09)
• SB 278 (Leyva)-Opposition (04/09)
• SB 556 (Dodd)-Opposition (04/09)
• SB 54 (Allen)-Support (04/09)
• AB 361 (Riva~, Robert)-Support (06/03)
• AB 718 (Cunningham) -Support (06/03)
• AB 500 (Ward) -Opposition ·(06/03 & 09/02)
• AB 215 (Chiu) -Opposition (06/03)
• AB 66 (Boerner Horvath) -Support (06/16)
• SB 9 (Atkins) -Opposition unless Amended (06/16), Veto Request (09/02)
• SB 344 (Hertzberg) -Support (06/24)
• SB 8 (Skinner) -Opposition (07 /08)
• AB 816 (Chiu) -Opposition (07 /08)
Sept. 14, 2021 Item #3 Page 1 of 19
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 -August 2021
2. Priority L_egislation List -September 2021
3. AB 9 (Atkins) -Request for Veto
4. AB 500 (Ward) -Letter of Opposition
Sept. 14, 2021 Item #3 Page 2 of 19
September 10, 2021
{cityof
·Carlsbad
C a I l f o· r n i a
To: Mayor Matt Hall, Legislative Subcommittee Member
Council member Teresa Acosta, Legislative Subcommittee Member
Jason Haber, Intergovernmental Affairs Director
City of Carlsbad
From: Sharon Gonsalves
Director of Government Affairs
Renne Public Policy Group
Re: Legislative Monthly Report -August 2021
When the legislature returned to Sacramento from summer recess on August 16, the race to the
finish line began, giving lawmakers until September 10th to address opposition to their bills and
navigate through the remaining committees and necessary floor votes. Upon adjournment on
September 10, both houses of the legislature will return to their districts until the beginning of
next year's legislative session in 2022 .
UPCOMING LEGISLATIVE DEADLINES
September 14-Gubernatorial Recall Election
October 10 -Last day for Governor to sign or veto pending legislation
January 3, 2022 -Legislature reconvenes
COVID-19 VACCINATION REQUIREMENTS
In the midst of the end of session rush there were two attempts made to introduce legislation,to
address.mandated vaccinations in the workplace. The measures would have had to be modified
through the "gut and amend" process, or when lawmakers essentially create a new bill without
having to start the entire legislative process from scratch.
The first proposal was to require people to prove they're fully vaccinated against COVID-19 to
enter indoor businesses and force workers to either get the shots or be regularly tested. That
proposal, which would have been Assembly Bill 455, is dead for the year. Assemblywoman Buffy
Wicks, D-Oakland, pledged to reintroduce similar legislation in January and continue to hold
negotiations with stakeholders from both the business and labor communities.
Sept. 14, 2021 Item #3 Page 3 of 19
Proposed amendments for Assembly Bill 1102 would have established legal protections for
employers who mandate the vaccine for their workers or require them to be regularly tested for
COVID-19. The proposal aimed to deter lawsuits from employees or job applicants who might
seek to file discrimination claims against businesses with COVID-19 vaccine rules. Although the
coalition originally backing the bill included some of the most high-profile and powerful business
organizations in the state, including the California Chamber of Commerce, negotiations broke
down and that bill failed to be amended and move forward.
END OF SESSION BUDGET BILLS
In what has been a lengthy and unprecedented budget year, the legislature sent numerous
budget bills to the Governor's desk the last two days of session to finalize the many priorities
that had been highlighted all year long.
One the most notable is AB/SB 155, the resources budget trailer bill, which makes numerous
appropriations to improve California's climate resiliency and disaster preparedness;
Climate Change
This bill makes significant investments toward battling and mitigating the impacts of climate
change including:
•
•
•
$350 million to the State Coastal Conservancy for mitigating the impacts and effects of
sea level rise, including low-interest loans to local jurisdictions to purchase properties
vulnerable to sea level rise.
$25 million to the Governor's Office of Planning and Research through the Integrated
Climate Adaptation Program (ICARP) for establishing a gra,nt program to mitigate the
impacts of extreme heat or the heat island effect.
$25 million to the Strategic Growth Council for the establishment of a community
resilience centers grant program.
Wildfires
2021 saw the earliest start to wildfire season. California is facing one of the worst wildfire seasons
in state history, with drought-fueled fires raging across Northern California and thousands of
residents being displaced from their homes.
The resources budget trailer bill includes:
• $200 million continuously appropriated to Cal Fire for healthy forest and fire prevention
programs, and for prescribed burns and other fuel reduction projects.
Water
Among the many provisions in SB 155, the legislation extends the shut-off moratorium for water
systems to December 31, 2021. The amended language also imposes the moratorium extension
to ALL water systems, not just those receiving water bill debt relief funding. The original
moratorium termination date is scheduled to occur on September 30, 2021 under the Governor's
Executive Order.
Sept. 14, 2021 Item #3 Page 4 of 19
Environmental justice organizations were advocating for a new moratorium termination date of
January 31, 2022 to coincide with water systems' rece ipt and ·application of water bill debt relief
funds. The Legislature and Administration settled on the December 31, 2021 date for the
termination of the moratorium under the proposed language.
HOUSING AND LAND USE LEGISLATION
Addressing the need for housing has been the Governor and lawmakers' top priority for 2021.
This past year we have seen a number of bills seeking to diminish local control over land use
decisions. Two such bills currently sitting on the Governor's Desk awaiting signature include:
SB 8 (Skinner) -This bill would extend the provisions of SB 330, the Housing Crisis Act of 2019,
by five years to January 1, 2030.
SB 9 (Atkins) -This bill requires ministerial approval of a housing development of no more than
two units in a single-family zone (duplex), as well as for the subdivision of a parcel zoned for
residential use into two parcels (lot split),
Two bills that were amended in late August stalled the last week of session including:
AB 500 (Ward) -When it came off the Appropriations suspense file, AB 500 was a study to
determine how to increase housing in the coastal zone. The bill was amended on August 31 to
require a local agency to amend its existing local coastal plan (LCP) to address streamlined
procedures for the approval of Accessory Dwelling Units (ADUs), affordable housing units and
low barrier navigation centers by January 1, 2024.
RPPG worked with city staff to quickly submit an updated letter of opposition that provided a
technical rationale for the City's position. The bill was heard In the Senate Governance and
Finance Committee where RPPG served on behalf of the city as one of the primary witnesses in
opposition to the measure .. The mafn argument being the time line provided in the bill was
unrealistic if cities are to adequately comply with the required process in place to adopt an
amended LCP., including public outreach, planning commission approval, CEQA documentation,
approval by the City Council and the Coastal Commission.
The bill was placed on the Senate inactive file on September 9.
AB 989 (Gabriel) -Establishes, until January 1, 2029, within HCD an Office of Housing Appeals
(OHA) to review affordable housing development projects that are alleged to have been denied
or subjected to conditions in violation of the Housing Accountability Act (HAA). This bill would
allow an applicant who proposes an affordable housing development project to appeal to the
office a local agency decision that the applicant believes violates the HAA.
Sept. 14, 2021 Item #3 Page 5 of 19
This bill was opposed not only by local government associations (Cal Cities, CSAC), but also the
California Building Industry Association and pro housing organizations such as Habitat for
Humanity and Housing Action Coalition.
On September 9, RPPG got confirmation the author would not be moving forward with the bill
and the bill was placed on the Senate Inactive File the following day.
HIGH SPEED RAIL BOND FUNDING
Gov. Gavin Newsom and lawmakers tabled discussions this year on $4.2 billion in high-speed rail
bond funding. The California High-Speed Rail Authority will not get access to the rest of the
money approved by voters in 2008 until next year at the earliest and lawmakers trying to get
more money for regional projects in their districts will also have to wait.
Newsom had asked the Legislature to approve the rest of the $10, billion voters authorized in
2008's Prop. lA so the project can finish its first operating segment between Merced and
Bakersfield by 2029, but lawmakers have been resistant to funding what they increasingly view
as a stranded asset in the Central Valley.
The administration offered lawmakers $1 billion for transit projects in Southern California in
exchange for approving the rail funding, but negotiators were unable to reach agreement and
the Administration withdrew from talks a week prior to the end of session.
Negotiations will continue over the fall for an agreement in the next budget cycle.
###
Sept. 14, 2021 Item #3 Page 6 of 19
September 2, 2021
The Honorable Gavin Newsom
Governor of California
State Capitol Building
Sacramento, CA 95814
RE: SB 9 (Atkins) Increased Density (As amended 08/16/21)
REQUEST FOR VETO
Dear Governor Newsom,
{cityof
Carlsbad
The City of Carlsbad respectfully requests that you veto SB 9 by President Pro Tern Atkins. SB 9 would require a
local government to ministerially approve a housing development containing two residential units in a single-
family residential zone. Additionally, this measure would require local governments to ministerially approve
urban lot splits.
Housing affordability and homelessness are among the most critical issues facing California cities and a top
priority in Carlsbad. Affordably priced homes are out of reach for many people and housing is not being built fast
enough to meet the current or projected needs of people living in our region.
We appreciate recent amendments requiring an applicant of an urban lot split to sign an affidavit stating the
applicant intends to reside in one of the units for three years. Unfortunately, we believe the amendments will
not prevent speculation by real estate investors. If the applicant lies on the affidavit and moves from the
property within the three-year time period, the amendments contemplate a subsequent perjury prosecution as
a deterrent remedy. Such prosecutions would require the prosecutor to prove beyond a reasonable doubt the
applicant's intent at the time the applicant signed the affidavit, which is an extraordinarily difficult task. Thus,
the likelihood of a perjury prosecution for an applicant who lies on an affidavit is remote.
To maximize housing production where it is most needed, the City of Carlsbad offered the author the following
amendments for consideration:
• Limit application to areas/parcels designated in a housing element. Give locals some ability to tailor
this law to fit within the context of local plans.
• Offer RHNA Credit. Unlike ADU law, SB 9 offers no recognition or credit in the RHNA process.
• Require Affordability. Real estate investors who want to develop multiple units on a single-family
parcel should be required to ensure that at least some of them remain affordable to low or very low
income households.
• Exempt parcels subject to coastal erosion or sea level rise. More units should not be built in these
areas.
Unfortunately, our concerns have not been alleviated and for these reasons, the City of Carlsbad remains
opposed to SB 9 and requests that you veto this measure. Should you have any questions please contact our
legislative advocate, Sharon Gonsalves, with the Renne Public Policy Group, at (916} 974-9270.
Sincerely,
Sept. 14, 2021 Item #3 Page 16 of 19
September 2, 2021
The Honorable Mike McGuire,
Chair, Senate Governance and Finance Committee
State Capitol Building, Room 408
Sacramento, CA 95814
. {cityof
Carlsbad
RE: Assembly Bill 500 (Ward) -Local Planning; coastal development: streamlined permitting (As
amended August 31, 2021).
Notice of Opposition
Dear Senator McGuire:
On behalf of the City of Carlsbad, we must respectfully oppose AB 500 (Ward), which as recently
amended, will require a local agency that resides solely, or in part, within a coastal zone to amend their
Local Coastal Plan (LCP) by January 1, 2024, to outline streamlined permitting procedures for the
development of housing.
The City appreciates the author's intention to identify policies to increase affordable housing options
within the coastal areas; however, the timeframe presented in the bill is unrealistic and places the City
in a situation to fail. The bill does not take into account the public, transparent process that is required
of local agencies when such changes are made. To officially adopt an amendment to our LCP, the City
is currentlyTequired to go through the following steps:
• Public Outreach for plan development (6-12 months)
• CEQA Review (12-18 months depending upon level of impact)
o Including a 30-or 45-day public review period, response to comments, and preparation
of findings for the Environmental Document
• Planning Commission Review (1-3 months)
• Public notice of availability (6 weeks)
• City Council Review (1-3 months)
• Coastal Commission Review (2-14 months)
The 24-to SO-month timeline outlined above does not consider additional time needed to respond to
opposition from the community, address issues that arise during the CEQA review process, or City
Council action following proposed modifications from the Coastal Commission.
Furthermore, without additional changes to current regulations, the Coastal Act, or addit:ional guidance
from the Coastal Commission, this bill is unlikely to result in the development of additional affordable
housing. Affordable housing has been removed from the Coastal Act since the 1980s, and there are
several goals in the Coastal Act that conflict with policies intended to promote affordable housing
Sept. 14, 2021 Item #3 Page 18 of 19