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HomeMy WebLinkAbout2022-08-22; City Council Legislative Subcommittee; ; Legislative Update and Advocacy ReportMeeting Date: Aug. 22, 2022 To: Legislative Subcommittee From: Jason Haber, Intergovernmental Affairs Director Staff Contact: Jason Haber, jason.haber@carlsbadca.gov Subject: Legislative Update and Advocacy Report District: All Recommended Action Receive an update on state and federal legislative and budget activity and recent and ongoing advocacy efforts; discuss and provide feedback to staff, including identifying high-priority bills, advocacy positions, and items for future City Council consideration. Next Steps None. Fiscal Analysis No fiscal impact. Public Notification Public notice of this item was posted in keeping with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours before the scheduled meeting date. Exhibits 1. RPPG Legislative Monthly Report – July 2022 2. Priority Legislation List LEGISLATIVE SUBCOMMITTEE Aug. 22, 2022 Item #3 Page 1 of 25 Exhibit 1 August 17, 2022 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 of Government Affairs Renne Public Policy Group Re: Legislative Monthly Report – August 2022 LEGISLATURE RETURNS FROM SUMMER RECESS FOR FINAL PUSH The Legislature returned from summer recess August 1, after spending the entire month of July in their districts with no policy or fiscal committees taking place. August has been moving rapidly, with August 12 being the deadline for all fiscal bills to pass out of their respective appropriations committee and the deadline for all bills to be heard on the floor and sent to the Governor by August 31. Notably, August 25 is the deadline for any bill on the floor to be amended – this is significant, as this is the time of year when “gut and amends” take place and measures are stripped of their content and replaced with new, generally entirely unvetted language in its place. These pop up often unexpectedly, and it is imperative that you have eyes and ears on the ground to monitor the rapidly changing proposals ensuring the City’s interests are represented. This is also often when bills on the inactive file get a last-minute push: the inactive file contains legislation that is ready for floor consideration but is dormant. An author may move a bill to the inactive file if he or she wishes to take it up at a later date. Once a bill is on the inactive file, a one- day public notice is needed to place it back on the agenda for consideration. These are generally legislative items that lack the votes and are heavily contested and are making a final play to get to the Governor. RPPG is a closely monitoring amendments and has been actively working our contacts to keep an ear out for what may be coming as we approach the end of this two-year legislative session. We will keep the City advised on all relevant developments, as needed. Please note, the turnaround time for any action on these items, should that be necessary, is very urgent and swift. Aug. 22, 2022 Item #3 Page 2 of 25 Legislative Timing and Key Dates:   Aug. 15 - 31. Floor session only. No committee may meet for any purpose except Rules Committee, bills referred pursuant to Assembly Rules 77.2, and Conference Committees (J.R. 61(b)(16)). Aug. 25 Last day to amend bills on the floor (J.R. 61(b)(17)). Aug. 31 Last day for each house to pass bills (Art. IV, Sec 10(c), J.R. 61(b)(18)). Final Recess will begin upon adjournment (J.R. 51(b)(3)). Sept. 30 Last day for Governor to sign or veto pending legislation CITY SPONSORED LEGISLATION AB 1672 (Boerner Horvath) Public Swimming Pools: lifeguards. This bill sponsored by the City of Carlsbad would authorize lifeguards who are certified by the United States Lifesaving Association (USLA) to provide services at municipal operated swimming pools. The bill got off the suspense file in the Senate Appropriations Committee and will next be heard on the Senate Floor after amendments go into print. AB 1682 (Boerner Horvath) Public safety: Speeding vessels: lifeguard rescue vessels. This measure sponsored by the City of Carlsbad would exempt vessels clearly identifiable as lifeguard rescue vessels and vessels engaged in public safety activities from the speed limit imposed on machine-propelled vessels operating in certain areas. Both the respective Democrat and Republican caucus’ had a support recommendation on the measure and RPPG spent the summer recess ensuring that adequate votes are in place. The bill was placed on the Senate consent calendar on the Senate floor and had unanimous support when the bill was taken up in the Assembly on concurrence. The bill is now before Governor Newsom awaiting action. ADMINISTRATIVE ACTION While the Legislature was out, the Governor kept busy, announcing escalated climate goals and continuing its 18-month campaign on enhanced gun safety. As the legislative session began in August the Governor continued to take action to address the state’s ongoing water supply and infrastructure needs. Climate The Governor announced new targets for renewable energy, clean buildings, carbon removal, and clean fuels in the transportation sector. The California Air Resources Board will meet in the fall to consider adopting a final draft of the 2022 Climate Change Scoping Plan. More information can be located in the Governor’s press release here. The new targets and requested actions outlined in the letter include: • Offshore Wind: Establishing a California Energy Commission planning goal of at least 20GW of offshore wind in 2045. • Clean and Healthy Buildings: Creating a goal of 3 million climate-ready and climate-friendly homes by 2030 and 7 million by 2035, supplemented by 6 million heat pumps by 2030, and directing 50 percent of investments to low-income and disadvantaged communities. • Moving Away from Fossil Fuels: Directing state agencies to plan for an energy transition to meet our long-term energy goals that avoids the need for new natural gas plants, while ensuring reliability. Establishing a 20 percent clean fuels target for the aviation sector. The Aug. 22, 2022 Item #3 Page 3 of 25 Governor also requested that CARB evaluate a more stringent Low Carbon Fuel Standard and accelerate refinery transitions to clean fuels production. • Methane: Forming a Task Force to identify and address methane leaks from oil infrastructure near communities, recognizing the threats these leaks can pose to community health and safety. • Carbon Removal: Setting a 20 MMT carbon removal target for 2030 and 100 MMT carbon removal target for 2045, emphasizing the role of natural and working lands and the need for safe and equitable engineered carbon removal. • Increasing Climate Ambition: Partnering with the Legislature to make carbon neutrality state law and accelerate progress toward California’s 2030 target; bring new ambition to the state’s clean energy goals; develop policy to support sequestration from natural and working lands while incorporating industrial carbon capture in carbon neutrality efforts; and finalize investments under the state’s $53.9 billion Climate Commitment. In addition, Governor Newsom is proposing to keep two units of the Diablo Canyon nuclear plant online until 2029 and 2030 – as opposed to shuttering the facility entirely by 2025 – while also exploring the option of extending the plant’s life through 2035. Proposed legislative language includes a $1.4 billion loan from the state’s general fund to Pacific Gas & Electric, the operator of the plant, to cover the cost of relicensing the 2.2 GW nuclear plant. Gun Violence Prevention The Governor’s Office of Emergency Services (Cal OES) announced $11 million in new community partnerships to expand outreach and education on the use of Gun Violence Restraining Orders – or “red flag laws” – to families, schools and communities most at risk for gun violence. Additionally, the Governor signed: • SB 1327, authored by Senator Bob Hertzberg (D-San Fernando Valley), allows Californians to sue those making, selling, transporting or distributing illegal assault weapons and ghost guns – guns made at home to avoid tracing – for damages of at least $10,000 per weapon involved. The same damages are also available against gun dealers who illegally sell firearms to those under 21 years of age. • AB 1594, which allows the state, local governments and Californians to sue irresponsible gunmakers. • AB 2571, which prohibits marketing of firearms to minors. • AB 1621 to further restrict ghost guns. Local Funding to Address Hate Crimes The Governor announced that the State awarded $30.3 million to 12 organizations to aggressively address hate crimes by providing services to survivors and facilitating anti-hate prevention measures. Selected organizations with a demonstrated track record of anti-hate work with priority populations were invited to apply for larger funding awards. A complete list of grantees announced in partnership with CAPIAA and the California Asian & Pacific Islander Legislative Caucus (APILC) can be found here. The grant funding has been made available over the next three years, from August 1, 2022, through July 31, 2025, to continue to support anti-hate efforts. Aug. 22, 2022 Item #3 Page 4 of 25 Infrastructure Advisor On August 11, Governor Newsom announced former Los Angeles Mayor Antonio Villaraigosa as the State’s Infrastructure Advisor. In this role, Villaraigosa will be working with local, state, and federal resources to best leverage funding to further priority infrastructure projects throughout the state. The first order of business will be to maximize on the following nine RAISE grants the State received: • $25 million for the California High-Speed Rail Authority’s Merced Extension Design Project This planning project will fund design efforts for the California High-Speed Rail project’s extension from Madera to Merced. • $23 million for the San Francisco Municipal Transportation Agency’s Project to Transform Howard Street for Safe and Equitable Mobility This project will improve safety and efficiency along Howard Street by implementing complete street improvements and green infrastructure. • $20 million for the Port of Los Angeles Maritime Support Facility Access/Terminal Island Rail System Project This project will construct a four-lane, rail-roadway grade separation that will eliminate a significant impediment to truck access to an important container terminal support facility located on Terminal Island at the center of the Port of Los Angeles-Long Beach complex. • $15 million for the Inglewood Transit Connector Project This project will complete an approximately 1.6-mile fully elevated, automated transit system with three stations to fill a critical gap in the region’s transit system. • $15 million for the Yuba-Sutter Transit Authority’s Zero-Emission Bus Operations, Maintenance, and Administration Facility This project will replace an existing undersized, obsolete transit facility in a new location on a nearly 20-acre former brownfield site to support the conversion to a zero-emission bus fleet. • $15 million for the City of Fontana’s Project to Better Connect the Inland Empire This project will provide complete street improvements, such as additional lane capacity, an integrated traffic system, medians with protected left turns, a roundabout, bus turnouts, streetlights, signage and raised medians. • $5 million for Mobility Zones in the Sacramento Region This planning project will fund an equity-centered regional planning project that will engage disadvantaged communities from across the Sacramento Region in designating “Mobility Zones.” • $1,613,600 for the Tolowa Dee-ni' Nation in Del Norte County This funding will support Phase 2 of the planning for the Connected Communities Project, which will create separated pedestrian and bicycle paths and improved crossings around Highway 101. This project scope includes the environmental review and clearance, design and right-of-way and utility planning and design processes. Water Supply To match the pace of climate change, Governor Newsom announced a plan to expedite much needed updates to the State’s water systems. The modernization of our water systems will help replenish the water California will lose due to hotter, drier weather, and generate enough water for more than 8.4 million households. To help make up for the water supplies California could lose over the next two decades, the strategy prioritizes actions to capture, recycle, de-salt and conserve more water. These actions include: Aug. 22, 2022 Item #3 Page 5 of 25 • Creating storage space for up to 4 million acre-feet of water, which will allow us to capitalize on big storms when they do occur and store water for dry periods. • Recycling and reusing at least 800,000 acre-feet of water per year by 2030, enabling better and safer use of wastewater currently discharged to the ocean. • Freeing up 500,000 acre-feet of water through more efficient water use and conservation, helping make up for water lost due to climate change. • Making new water available for use by capturing stormwater and desalinating ocean water and salty water in groundwater basins, diversifying supplies, and making the most of high flows during storm events. ### Aug. 22, 2022 Item #3 Page 6 of 25 Priority Legislation August 17, 2022 Brown Act AB 2449 (Rubio, Blanca) Open meetings: local agencies: teleconferences. (Amended: 8/8/2022) Link The Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act generally requires posting an agenda at least 72 hours before a regular meeting that contains a brief general description of each item of business to be transacted or discussed at the meeting, and prohibits any action or discussion from being undertaken on any item not appearing on the posted agenda. The act authorizes a legislative body to take action on items of business not appearing on the posted agenda under specified conditions. The act contains specified provisions regarding providing for the ability of the public to observe and provide comment. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agencys jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. This bill would revise and recast those teleconferencing provisions and, until January 1, 2026, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements that each teleconference location be identified in the notice and agenda and that each teleconference location be accessible to the public if at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda that is open to the public and situated within the local agencys jurisdiction. Under this exception, the bill would authorize a member to participate remotely under specified circumstances, including participating remotely for just cause or due to emergency circumstances. Status: 8/9/2022-Read second time. Ordered to third reading. Client Position: No Position Calendar: 8/17/2022 #253 SENATE ASSEMBLY BILLS - THIRD READING FILE, Notes: 5/24/22 SG: Subcommittee and Council took a support position. 5/26/22 SG: DRAFT letter of support sent to City. 5/31 AB: Submitted letter of support through the Legislative portal 06/14: Moved to no position as amended 6/28 DH: Clarified neutral position in Sen Jud SB 1100 (Cortese) Open meetings: orderly conduct. (Enrollment: 8/10/2022) Link The Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. Current law Exhibit 2 Aug. 22, 2022 Item #3 Page 7 of 25 authorizes the legislative body to adopt reasonable regulations to ensure that the intent of the provisions relating to this public comment requirement is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker. Current law authorizes the members of the legislative body conducting the meeting to order the meeting room cleared and continue in session, as prescribed, if a group or groups have willfully interrupted the orderly conduct of a meeting and order cannot be restored by the removal of individuals who are willfully interrupting the meeting. This bill would authorize the presiding member of the legislative body conducting a meeting or their designee to remove, or cause the removal of, an individual for disrupting the meeting. The bill, except as provided, would require removal to be preceded by a warning to the individual by the presiding member of the legislative body or their designee that the individuals behavior is disrupting the meeting and that the individuals failure to cease their behavior may result in their removal. The bill would authorize the presiding member or their designee to then remove the individual if the individual does not promptly cease their disruptive behavior. The bill would define disrupting for this purpose. Status: 8/10/2022-Enrolled and presented to the Governor at 2 p.m. Cannabis SB 1186 (Wiener) Medicinal Cannabis Patients Right of Access Act. (Amended: 8/15/2022) Link Would enact the Medicinal Cannabis Patients Right of Access Act, which, on and after January 1, 2024, would prohibit a local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by medicinal cannabis businesses, as defined, or that has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers in a timely and readily accessible manner and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, as specified. The bill, on and after January 1, 2024, would provide that the act may be enforced by an action for writ of mandate brought by a medicinal cannabis patient or their primary caregiver, a medicinal cannabis business, the Attorney General, or any other party otherwise authorized by law. Status: 8/16/2022-Read second time. Ordered to third reading. Client Position: Oppose Calendar: 8/18/2022 #323 ASSEMBLY THIRD READING FILE - SENATE BILLS, Notes: 4/29 SG: Subcommittee took an oppose position 5/20 SG: Sent draft letter to City 5/31 AB: Submitted letter of opposition through the Legislative portal 6/21 AS: Testified in Asm B+P in opposition 6/24 AB: Submitted letter of opposition to the Assembly Judiciary and Senate Environmental Quality Committees through the Legislative portal 6/28/22 AS: Testified in opposition Asm Jud Children, Youth and Recreation AB 1737 (Holden) Childrens camps: safety. (Amended: 8/11/2022) Link Would require the State Department of Social Services, in consultation with the specified state entities and stakeholders, to provide a report to the Legislature, on or before January 1, 2024, that includes information regarding topics related to the health and safety of children attending childrens camps and recommendations for developing and issuing requirements for the regulatory oversight of childrens camps. Aug. 22, 2022 Item #3 Page 8 of 25 Status: 8/15/2022-Read second time. Ordered to third reading. Client Position: removed opposition Calendar: 8/17/2022 #519 SENATE ASSEMBLY BILLS - THIRD READING FILE, Notes: 04/27 SG: Submitted letter of opposition through the Legislative portal.06/10: DH, This bill has been amended to remove a majority of the registration and enforcement provisions from Cities and have shifted them to County Health Departments. Most City run camps are exempt from the bill. However, there is still some ambiguity around the bills provisions as it related registration requirement for camps operated by City libraries. 6/24 AB: Submitted letter of opposition to the Senate Public Safety and Human Safety Committees through the Legislative portal 6/28/22 AS: testified in Sen PS 8/9 AB: Submitted letter of removal of opposition tot he Senate Appropriations Committee and the authors office through the Legislative portal. AB 1789 (Bennett) Outdoor recreation: California Recreational Trails System Plan. (Amended: 8/11/2022) Link Current law establishes within the Natural Resources Agency the Department of Parks and Recreation, which is under the control of the Director of Parks and Recreation. Current law requires the director to cause to be prepared, and continuously maintained, a comprehensive plan for the development and operation of a statewide system of recreation trails, which is known as the California Recreational Trails System Plan. Current law requires the plan to be continuously reviewed, revised, and updated by the director. Current law requires the director to submit a report every 2 years to the Legislature describing the progress in carrying out the plan, as provided. This bill would require the plan to include recommended priorities for funding to improve and expand, among other things, nonmotorized natural surface trails, as provided. Status: 8/15/2022-Read second time. Ordered to third reading. Client Position: Support Calendar: 8/17/2022 #524 SENATE ASSEMBLY BILLS - THIRD READING FILE, Notes: 5/10/22 SG: Subcommittee approved support position 5/27/22 SG: Review amended bill at next subcommittee meeting 6/20/22 SG: Bill on consent in Senate Natural Resources Committee 6/28/22 AB: Submitted letter of support to the Appropriations Committee through the Legislative Committee and added to the clients folder 8/16 AB: Submitted letter of support to the Assembly Water, Parks and Wildlife Committee, Senate Natural Resources and Water Committee and the Authors office. Elections, Political Reform and Redistricting AB 1416 (Santiago) Elections: ballot label. (Amended: 6/23/2022) Link Current law defines the ballot label as the portion of the ballot containing the names of the candidates or a statement of a measure. For statewide measures, existing law requires the Attorney General to prepare a condensed version of the ballot title and summary, including the fiscal impact summary prepared by the Legislative Analyst that is printed in the state voter information guide. This bill would additionally require the ballot label for statewide measures, and, at the option of a county, the ballot label or similar description on the ballot of county, city, district, and school district measures, to include a listing of nonprofit organizations, businesses, or individuals taken from the signers or the text of ballot arguments printed in the voter information guide that support and oppose the measure, as specified. The bill Aug. 22, 2022 Item #3 Page 9 of 25 would require a nonprofit organization, business, or individual to meet certain criteria before being listed on the ballot label or similar description of the measure on the ballot. The bill would require the signers of the ballot arguments to submit the lists of supporters and opponents to the Secretary of State or the respective elections official and would require the Secretary of State or respective elections official to provide those lists to county elections officials as part of the ballot label. Status: 8/11/2022-From committee: Do pass. (Ayes 5. Noes 2.) (August 11). Read second time. Ordered to third reading. Calendar: 8/17/2022 #282 SENATE ASSEMBLY BILLS - THIRD READING FILE, AB 2582 (Bennett) Recall elections: local offices. (Amended: 8/16/2022) Link The California Constitution reserves to the electors the power to recall an elective officer and requires the Legislature to provide for recall of local officers. Current law requires a recall election to include the question of whether the officer sought to be recalled shall be removed from office and an election for the officers successor in the event the officer is removed from office. This bill would instead require a recall election for a local officer to include only the question of whether the officer sought to be recalled shall be removed from office. If a local officer is removed from office in a recall election, the bill would provide that the office is vacant until it is filled according to law. The bill would make related conforming and clarifying changes. Status: 8/16/2022-Read third time and amended. Ordered to second reading. Calendar: 8/17/2022 #5 SENATE ASSEMBLY BILLS - SECOND READING FILE, SB 1131 (Newman) Address confidentiality: public entity employees and contractors. (Amended: 8/15/2022) Link Current law authorizes reproductive health care service providers, employees, volunteers, and patients to complete an application to be approved by the Secretary of State for the purposes of enabling state and local agencies to respond to requests for public records without disclosing a program participants residence address contained in any public record and otherwise provide for confidentiality of identity for that person, subject to specified conditions. Current law requires an applicant seeking address confidentiality under this program due to their affiliation with a reproductive health care services facility to provide a certified statement signed by a person authorized by the reproductive health care services facility stating that the facility or any of its providers, employees, volunteers, or patients is or was the target of threats or acts of violence within one year of the date of the application. Under current law, any person who makes a false statement in an application is guilty of a misdemeanor. This bill would authorize an applicant seeking address confidentiality under this program to submit a certified statement by the employee, patient, or volunteer for a reproductive health care services facility that they have been the target of threats, harassment, or acts of violence, or a workplace violence restraining order issued because of threats or acts of violence connected with a reproductive health care services facility, as specified, instead of a certified statement from a representative of the reproductive health care services facility. Status: 8/16/2022-Read second time. Ordered to third reading. Calendar: 8/18/2022 #316 ASSEMBLY THIRD READING FILE - SENATE BILLS, Energy Aug. 22, 2022 Item #3 Page 10 of 25 AB 2838 (O'Donnell) Electrical corporations: green tariff shared renewables program. (Amended: 6/22/2022) Link Current law requires the Public Utilities Commission to require each electrical corporation with 100,000 or more customer accounts in California to administer a green tariff shared renewables program to enable ratepayers to participate directly in offsite electrical generation facilities that use eligible renewable energy resources, as specified. Current law requires the commission to ensure that charges and credits associated with an electrical corporations program are set in a manner that ensures nonparticipant ratepayer indifference for the remaining bundled service, direct access, and community choice aggregation customers and ensures that no costs are shifted from participating customers to nonparticipating ratepayers. This bill would authorize the commission, on and after April 1, 2023, to authorize those electrical corporations to terminate their green tariff shared renewables programs. Status: 8/11/2022-From committee: Do pass. (Ayes 7. Noes 0.) (August 11). Read second time. Ordered to third reading. Client Position: Watch Calendar: 8/17/2022 #467 SENATE ASSEMBLY BILLS - THIRD READING FILE, Notes: 5/26/22 SG: Review bill for June subcommittee 5/31/22 SG: Bill was pulled from committee 6/7/22 AB: Submitted letter of opposition unless amended letter through the Legislative portal and emailed the City's legislative delegation 6/15/22: Testified OUA Sen EUC 8/1/22: Cal CCA removed their opposition SB 379 (Wiener) Residential solar energy systems: permitting. (Amended: 8/15/2022) Link Current law prescribes and limits permit fees that a city or county may charge for a residential and commercial solar energy system. Current law creates the State Energy Resources Conservation and Development Commission (Energy Commission) in the Natural Resources Agency and prescribes its duties, which include administering programs for the installation of solar energy systems. This bill would require every city, county, or city and county to implement an online, automated permitting platform that verifies code compliance and issues permits in real time or allows the city, county, or city and county to issue permits in real time for a residential solar energy system, as defined, that is no larger than 38.4 kilowatts alternating current nameplate rating and a residential energy storage system, as defined, paired with a residential solar energy system that is no larger than 38.4 kilowatts alternating current nameplate rating. Status: 8/16/2022-Read second time. Ordered to third reading. Calendar: 8/18/2022 #243 ASSEMBLY THIRD READING FILE - SENATE BILLS, SB 884 (McGuire) Electricity: expedited utility distribution infrastructure undergrounding program. (Amended: 8/15/2022) Link Under current law, it is the policy of this state to achieve, whenever feasible and not inconsistent with sound environmental planning, the undergrounding of all future electric and communication distribution facilities that are proposed to be erected in proximity to designated state scenic highways and that would be visible from those highways if erected above ground. The Public Utilities Commissions existing Electric Tariff Rule 20 establishes policies for the undergrounding of electrical facilities and includes, among other programs, the Rule 20A undergrounding program that requires electrical corporations to convert overhead electrical facilities to underground facilities when it is in the public interest for specified reasons. This bill would require the commission to establish an expedited utility distribution infrastructure undergrounding program, and would authorize only those electrical corporations with 250,000 or more customer accounts within the state to participate in the program. In order to participate in the program, the bill would Aug. 22, 2022 Item #3 Page 11 of 25 require a large electrical corporation to submit a distribution infrastructure undergrounding plan, including the undergrounding projects located in tier 2 or 3 high fire-threat districts that it will construct as part of the program, to the Office of Energy Infrastructure Safety, which would be required to approve or deny the plan within 6 months. Status: 8/16/2022-Read second time. Ordered to third reading. Calendar: 8/18/2022 #267 ASSEMBLY THIRD READING FILE - SENATE BILLS, Environmental and Climate AB 1985 (Rivas, Robert ) Organic waste: recovered organic waste product procurement targets. (Amended: 8/1/2022) Link Current law requires, no later than January 1, 2018, the State Air Resources Board to approve and begin implementing a comprehensive short-lived climate pollutant strategy to achieve a reduction in statewide emissions of methane by 40%, hydrofluorocarbon gases by 40%, and anthropogenic black carbon by 50% below 2013 levels by 2030. Current law requires the methane emissions reduction goals to include a 50% reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75% reduction by 2025. Current law requires the Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations to achieve these organic waste reduction goals that include, among other things, requirements intended to meet the goal that not less than 20% of edible food that is currently disposed of be recovered for human consumption by 2025 and that may include penalties to be imposed by the department for noncompliance, as provided. The department regulations provide for, among other things, the calculation by the department of recovered organic waste product procurement targets for each local jurisdiction. This bill would require any penalties imposed by the department on a local jurisdiction that fails to meet its recovered organic waste procurement target to be imposed pursuant to a specified schedule based on the percentage of the local jurisdictions recovered organic waste product procurement target achieved. The bill would exempt jurisdictions in possession of a specified rural exemption from these requirements until December 31, 2026. Status: 8/11/2022-From committee: Do pass. (Ayes 7. Noes 0.) (August 11). Read second time. Ordered to third reading. Client Position: Support Calendar: 8/17/2022 #403 SENATE ASSEMBLY BILLS - THIRD READING FILE, Notes: 8/9 AB: Submitted letter of support to the Senate Appropriations Committee and the Authors office through the Legislative portal. DH: LCC sponsored bill AB 2142 (Gabriel) Income taxes: exclusion: turf replacement water conservation program. (Amended: 4/6/2022) Link Current law provides an exclusion from gross income for any amount received as a rebate or voucher from a local water or energy agency or supplier for the purchase or installation of a water conservation water closet, energy efficient clothes washers, and plumbing devices, as specified. This bill would, for taxable years beginning on or after January 1, 2022, and before January 1, 2027, under the Personal Income Tax Law and the Corporation Tax Law, provide an exclusion from gross income for any amount received as a rebate, voucher, or other financial incentive issued by a public water system, as defined, local government, or state agency for participation in a turf replacement water conservation program. Status: 8/11/2022-From committee: Do pass. (Ayes 7. Noes 0.) (August 11). Read second time. Ordered to third reading. Aug. 22, 2022 Item #3 Page 12 of 25 Calendar: 8/17/2022 #419 SENATE ASSEMBLY BILLS - THIRD READING FILE, AB 2160 (Bennett) Coastal resources: coastal development permits: fees. (Amended: 5/5/2022) Link The California Coastal Act of 1976 requires any person wishing to perform or undertake any development in the coastal zone, as defined, in addition to obtaining any other permit required by law from any local government or from any state, regional, or local agency, to obtain a coastal development permit, as provided. The act further provides for the certification of local coastal programs by the California Coastal Commission. The act prohibits the commission, except as provided, from exercising its coastal development permit review authority, as specified, over any new development within the area to which the certified local coastal program, or any portion thereof, applies. Current law requires a local government, if it has been delegated authority to issue coastal development permits, to recover any costs incurred from fees charged to individual permit applicants. Current law authorizes the local government to elect to not levy fees, as provided. This bill would, at the request of an applicant, as defined, for a coastal development permit, authorize a city or county to waive or reduce the permit fee for specified projects. The bill would authorize the applicant, if a city or county rejects a fee waiver or fee reduction request, to submit the coastal development permit application directly to the commission. Status: 8/9/2022-Read second time. Ordered to third reading. Calendar: 8/17/2022 #231 SENATE ASSEMBLY BILLS - THIRD READING FILE, SB 45 (Portantino) Short-lived climate pollutants: organic waste reduction goals: local jurisdiction assistance. (Amended: 8/15/2022) Link Current law requires the Department of Resources Recycling and Recovery, in consultation with the State Air Resources Board, to adopt regulations to achieve the organic waste reduction goals established by the state board for 2020 and 2025, as provided. Current law requires the department, no later than July 1, 2020, and in consultation with the state board, to analyze the progress that the waste sector, state government, and local governments have made in achieving these organic waste reduction goals. Current law authorizes the department, if it determines that significant progress has not been made toward achieving the organic waste reduction goals established by the state board, to include incentives or additional requirements in its regulations to facilitate progress towards achieving the goals. This bill would require the department, in consultation with the state board, to assist local jurisdictions in complying with these provisions, including any regulations adopted by the department. Status: 8/16/2022-Read second time. Ordered to third reading. Calendar: 8/18/2022 #235 ASSEMBLY THIRD READING FILE - SENATE BILLS, SB 54 (Allen) Solid waste: reporting, packaging, and plastic food service ware. (Chaptered: 6/30/2022) Link The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. The act requires disposal facility operators to submit information to the department on the disposal tonnages that are disposed of at the disposal facility, and requires solid waste handlers and transfer station operators to provide information to disposal facility operators for purposes of that requirement. The act requires recycling and composting operations and facilities to submit periodic information to the department on the types and quantities of materials that are disposed of, sold, or transferred to other recycling or composting facilities or specified entities. This bill would provide that these reporting requirements do Aug. 22, 2022 Item #3 Page 13 of 25 not apply to materials that are used by facilities defined as end users pursuant to the regulations adopted by the department or that are otherwise exempt pursuant to those regulations. Status: 6/30/2022-Approved by the Governor. Chaptered by Secretary of State - Chapter 54, Statutes of 2022. Client Position: Support Notes: 6/29 AB: Submitted letter of support to the Assembly Appropriations Committee through the Legislative portal SB 867 (Laird) Sea level rise: planning and adaptation. (Amended: 8/15/2022) Link Would require a local government, as defined, lying, in whole or in part, within the coastal zone, as defined, or within the jurisdiction of the San Francisco Bay Conservation and Development Commission, as defined, to implement sea level rise planning and adaptation through either submitting, and receiving approval for, a local coastal program, as defined, to the California Coastal Commission or submitting, and receiving approval for, a sub-regional San Francisco Bay shoreline resiliency plan to the San Francisco Bay Conservation and Development Commission, as applicable, on or before January 1, 2033. By imposing additional requirements on local governments, the bill would impose a state- mandated local program. The bill would require local governments that receive approval for sea level rise planning and adaptation on or before January 1, 2028, to be prioritized for sea level rise funding, upon appropriation by the Legislature, for the implementation of projects in the local governments approved sea level rise adaptation plan. The bill would require, on or before December 31, 2023, the California Coastal Commission and the San Francisco Bay Conservation and Development Commission, in close coordination with the Ocean Protection Council and the California Sea Level Rise State and Regional Support Collaborative, to establish guidelines for the preparation of that planning and adaptation. Status: 8/16/2022-Read second time. Ordered to third reading. Calendar: 8/18/2022 #263 ASSEMBLY THIRD READING FILE - SENATE BILLS, Government Operations and Economic Development AB 1672 (Boerner Horvath) Public swimming pools: lifeguards. (Amended: 6/2/2022) Link Would authorize a local public agency that is certified by the United States Lifesaving Association to use qualified lifeguard personnel, as defined, to provide lifeguard services at a public swimming pool if certain requirements are met. Status: 8/11/2022-From committee: Do pass. (Ayes 6. Noes 0.) (August 11). Read second time. Ordered to third reading. Client Position: Sponsor Calendar: 8/17/2022 #286 SENATE ASSEMBLY BILLS - THIRD READING FILE, Notes: 06/09/22 AB: Submitted Sponsor Letter through the Legislative portal and added letter to client folder 6/20/22 DA Testify in Sen Approp Aug. 22, 2022 Item #3 Page 14 of 25 AB 2164 (Lee) Disability access: certified access specialist program: funding. (Amended: 5/19/2022) Link Current law requires the State Architect to establish and publicize a program for voluntary certification by the state of any person who meets specified criteria as a certified access specialist (CASp), as provided. Current law, on and after January 1, 2018, and until December 31, 2023, inclusive, requires any applicant for an original or renewal of a local business license or equivalent instrument or permit to pay an additional fee of $4 for that license, instrument, or permit, or in any city, county, or city and county that does not issue a business license or an equivalent instrument or permit, existing law requires an applicant for a building permit to pay an additional fee of $4, to be collected by the city, county, or city and county that issued the license, instrument, or permit for specified purposes related to disability access, including the CASp program. Commencing January 1, 2024, that fee is reduced to $1. Current law requires a portion of those fees to be deposited in the Disability Access and Education Revolving Fund. This bill would repeal the provision reducing the fee to $1 commencing January 1, 2024, thereby extending the operation of this fee at the amount of $4 indefinitely. By expanding the increased fee deposited into the Disability Access and Education Revolving Fund, this bill would make an appropriation. Status: 8/9/2022-Read second time. Ordered to third reading. Calendar: 8/17/2022 #232 SENATE ASSEMBLY BILLS - THIRD READING FILE, SB 1044 (Durazo) Employers: emergency condition: retaliation. (Amended: 8/15/2022) Link Would prohibit an employer, in the event of an emergency condition, as defined, from taking or threatening adverse action against any employee for refusing to report to, or leaving, a workplace or worksite within the affected area because the employee has a reasonable belief that the workplace or worksite is unsafe, except as specified. The bill would also prohibit an employer from preventing any employee, including employees of public entities, as specified, from accessing the employees mobile device or other communications device for seeking emergency assistance, assessing the safety of the situation, or communicating with a person to confirm their safety. The bill would require an employee to notify the employer of the emergency condition requiring the employee to leave or refuse to report to the workplace or worksite, as specified. The bill would clarify that these provisions are not intended to apply when emergency conditions that pose an imminent and ongoing risk of harm to the workplace, the worksite, the worker, or the workers home have ceased. Status: 8/16/2022-Read second time. Ordered to third reading. Calendar: 8/18/2022 #301 ASSEMBLY THIRD READING FILE - SENATE BILLS, Notes: DH: broad exemptions for emergency personnel should have limited impact on local government operations. Homelessness/Tenant Protections AB 2339 (Bloom) Housing element: emergency shelters: regional housing need. (Amended: 6/20/2022) Link The Planning and Zoning Law requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city that includes a housing element. Current law requires that the housing element identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and make adequate provision for the existing and projected needs of all economic segments of a community. Current law also requires that the housing element include an analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income Aug. 22, 2022 Item #3 Page 15 of 25 levels. This bill would revise the requirements of the housing element, as described above, in connection with zoning designations that allow residential use, including mixed use, where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit. The bill would delete language regarding emergency shelter standards structured in relation to residential and commercial developments and instead require that emergency shelters only be subject to specified written, objective standards. Status: 6/28/2022-Read second time. Ordered to third reading. Calendar: 8/17/2022 #111 SENATE ASSEMBLY BILLS - THIRD READING FILE, Housing, Land Use and Planning AB 916 (Salas) Zoning: accessory dwelling units: bedroom addition. (Amended: 6/23/2022) Link Would prohibit a city or county legislative body from adopting or enforcing an ordinance requiring a public hearing as a condition of reconfiguring existing space to increase the bedroom count within an existing dwelling unit. The bill would apply these provisions only to a permit application for no more than 2 additional bedrooms within an existing dwelling unit. The bill would specify that these provisions are not to be construed to prohibit a local agency from requiring a public hearing for a proposed project that would increase the number of dwelling units within an existing structure. The bill would include findings that ensuring adequate housing is a matter of statewide concern and is not a municipal affair, and that the provision applies to all cities, including charter cities. Status: 8/2/2022-Read second time. Ordered to third reading. Calendar: 8/17/2022 #144 SENATE ASSEMBLY BILLS - THIRD READING FILE, Notes: DH: Bill will be amended once SB 897 comes off of appropriations suspense file. AB 1445 (Levine) Planning and zoning: regional housing need allocation: climate change impacts. (Amended: 8/11/2022) Link For the 4th and subsequent revisions of the housing element, existing law requires the Department of Housing and Community Development to determine the current and projected need for housing for each region. Current law requires the appropriate council of governments, or the department for cities and counties without a council of governments, to adopt a final regional housing need plan that allocates a share of the regional housing need to each city, county, or city and county, as provided. Current law requires that the final regional housing plan adopted by a council of governments, or a delegate subregion, as applicable, be based on a methodology that includes specified factors, and similarly requires that the department take into consideration specified factors in distributing regional housing need, as provided. Commencing January 1, 2025, this bill would authorize a council of governments, a delegate subregion, or the department, as applicable, to additionally consider among these factors emergency evacuation route capacity, wildfire risk, sea level rise, and other impacts caused by climate change, as provided. Status: 8/15/2022-Read second time. Ordered to third reading. Calendar: 8/17/2022 #503 SENATE ASSEMBLY BILLS - THIRD READING FILE, Aug. 22, 2022 Item #3 Page 16 of 25 AB 2011 (Wicks) Affordable Housing and High Road Jobs Act of 2022. (Amended: 8/11/2022) Link Would create the Affordable Housing and High Road Jobs Act of 2022, which would authorize a development proponent to submit an application for a housing development that meets specified objective standards and affordability and site criteria, including being located within a zone where office, retail, or parking are a principally permitted use, and would make the development a use by right and subject to one of 2 streamlined, ministerial review processes. The bill would require a development proponent for a housing development project approved pursuant to the streamlined, ministerial review process to require, in contracts with construction contractors, that certain wage and labor standards will be met, including a requirement that all construction workers be paid at least the general prevailing rate of wages, as specified. The bill would require a development proponent to certify to the local government that those standards will be met in project construction. By expanding the crime of perjury, the bill would impose a state-mandated local program. Status: 8/15/2022-Read second time. Ordered to third reading. Calendar: 8/17/2022 #540 SENATE ASSEMBLY BILLS - THIRD READING FILE, AB 2234 (Rivas, Robert ) Planning and zoning: housing: postentitlement phase permits. (Amended: 8/11/2022) Link The Housing Accountability Act, among other things, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, specified housing development projects, including projects for very low, low, or moderate-income households and projects for emergency shelters, that comply with applicable, objective general plan, zoning, and subdivision standards and criteria in effect at the time the application for the project is deemed complete, unless the local agency makes specified written findings supported by a preponderance of the evidence in the record. The act authorizes a project applicant, a person who would be eligible to apply for residency in the housing development or emergency shelter, or a housing organization to bring a lawsuit to enforce its provisions. This bill would require a local agency to compile a list of information needed to approve or deny a postentitlement phase permit, as defined, to post an example of a complete, approved application and an example of a complete set of postentitlement phase permits for at least 5 types of housing development projects in the jurisdiction, as specified, and to make those items available to all applicants for these permits no later than January 1, 2024. The bill would define local agency for these purposes to mean a city, county, or city and county. Status: 8/15/2022-Read second time. Ordered to third reading. Calendar: 8/17/2022 #558 SENATE ASSEMBLY BILLS - THIRD READING FILE, SB 897 (Wieckowski) Accessory dwelling units: junior accessory dwelling units. (Amended: 8/1/2022) Link The Planning and Zoning Law authorizes a local agency, by ordinance or ministerial approval, to provide for the creation of accessory dwelling units in areas zoned for residential use, as specified. Current law authorizes a local agency to impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, and maximum size of a unit. This bill would require that the standards imposed on accessory dwelling units be objective. For purposes of this requirement, the bill would define objective standard as a standard that involves no personal or subjective judgment by a public official and is uniformly verifiable, as specified. The bill would also prohibit a local agency from denying an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit. Aug. 22, 2022 Item #3 Page 17 of 25 Status: 8/11/2022-Read second time. Ordered to third reading. Client Position: Oppose Calendar: 8/18/2022 #98 ASSEMBLY THIRD READING FILE - SENATE BILLS, Notes: SG - Draft letter of opposition sent 3/17/22 SG - Testified in Senate Housing 3/17/22 SG - Testified in Senate Governance and Finance 4/7/22 SG - Draft letter reflecting amended language sent 4/18/22 SG - Letter submitted through portal 4/27/22 SG - Testified in opposition in A H&CD 6/29/22 AS: Testified in opposition Asm Local Gov Misc. SB 970 (Eggman) Mental Health Services Act. (Amended: 6/23/2022) Link The Mental Health Services Act (MHSA), an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the Mental Health Services Fund (MHSF), a continuously appropriated fund, to fund various county mental health programs, including childrens mental health care, adult and older adult mental health care, prevention and early intervention programs, and innovative programs This bill would require the California Health and Human Services Agency, by July 1, 2025, to establish the California MHSA Outcomes and Accountability Review (MHSA-OAR), consisting of performance indicators, county self-assessments, and county MHSA improvement plans, to facilitate a local accountability system that fosters continuous quality improvement in county programs funded by the MHSA and in the collection and dissemination by the agency of best practices in service delivery. The bill would require the agency to convene a workgroup, as specified, to establish a workplan by which the MHSA-OAR shall be conducted, including a process for qualitative peer reviews of counties MHSA services and uniform elements for the county MHSA system improvement plans. The bill would require the agency to establish specific process measures and uniform elements for the county MHSA improvement plans and updates. The bill would require the counties to execute and fulfill components of its MHSA system improvement plan that can be accomplished with existing resources. Status: 8/15/2022-Read second time. Ordered to third reading. Calendar: 8/18/2022 #148 ASSEMBLY THIRD READING FILE - SENATE BILLS, Public Safety and EMS AB 1682 (Boerner Horvath) Vessels: public safety activities. (Enrollment: 8/16/2022) Link Current law generally regulates the operation of vessels and associated equipment used, to be used, or carried in vessels used on waters subject to the jurisdiction of the state. Current law provides specified exemptions to the above- described provision, including for a vessel whose owner is a state or subdivision thereof, that is used principally for governmental purposes, and which is clearly identifiable as such. This bill would define subdivision thereof or subdivision of the state to include cities and counties. Status: 8/16/2022-Enrolled and presented to the Governor at 4 p.m. Client Position: Sponsor Calendar: Aug. 22, 2022 Item #3 Page 18 of 25 Notes: 6/14/22: Carlsbad lead witness Sen PS 06/22 AB: Submitted sponsor letter through the Legislative portal and added to client folder 8/16/22 SG: Request for signature letter drafted and sent to Governor's office. AB 2294 (Jones-Sawyer) Diversion for repeat retail theft crimes. (Amended: 4/18/2022) Link Current law requires a peace officer to release a person who has been arrested for a misdemeanor after securing that persons promise to appear, as specified, unless certain conditions are met for nonrelease, including, among others, there is reason to believe that the person would not appear as required or there was a reasonable likelihood that the offense or offenses for which the person was arrested would continue or resume. This bill, until January 1, 2026, would include in the reasons for nonrelease that the person has been cited, arrested, or convicted for misdemeanor or felony theft from a store in the previous 6 months and that there is probable cause to believe that the person arrested is guilty of committing organized retail theft. Status: 8/11/2022-From committee: Do pass. (Ayes 6. Noes 1.) (August 11). Read second time. Ordered to third reading. Calendar: 8/17/2022 #320 SENATE ASSEMBLY BILLS - THIRD READING FILE, AB 2644 (Holden) Custodial interrogation. (Amended: 8/11/2022) Link Would, commencing January 1, 2024, prohibit law enforcement officers from employing threats, physical harm, deception, or psychologically manipulative interrogation tactics, as specified, during a custodial interrogation of a person 17 years of age or younger. Status: 8/15/2022-Read second time. Ordered to third reading. Client Position: Watch Calendar: 8/17/2022 #598 SENATE ASSEMBLY BILLS - THIRD READING FILE, Notes: 5/2/22 - SG: SD County public safety delegation will be sending a letter of opposition. SB 986 (Umberg) Vehicles: catalytic converters. (Amended: 8/15/2022) Link Current law requires a core recycler that accepts, ships, or sells used catalytic converters to maintain specified information regarding the purchase and sale of the catalytic converters. Current law prohibits a core recycler from providing payment for a catalytic converter unless the payment is made by check, the check is mailed or provided no earlier than 3 days after the date of sale, unless the seller is a business, and the core recycler obtains a photograph or video of the seller, a written statement regarding the origin of the catalytic converter, and certain other identifying information, as specified. Current law exempts from this requirement a core recycler that buys used catalytic converters, transmissions, or other parts removed from a vehicle if the core recycler and the seller have a written agreement for the transaction. Current law requires a core recycler to provide this information for inspection by local law enforcement upon demand. A violation of these provisions is punishable as a misdemeanor.This bill would instead of payment by check, require payment by any traceable method, other than cash. The bill would also provide that the exemption for catalytic converters received pursuant to a written agreement is only valid if the written agreement also includes a regularly updated log or record describing each catalytic converter received under the agreement, as specified. Status: 8/16/2022-Read second time. Ordered to third reading. Aug. 22, 2022 Item #3 Page 19 of 25 Calendar: 8/18/2022 #290 ASSEMBLY THIRD READING FILE - SENATE BILLS, SB 1087 (Gonzalez) Vehicles: catalytic converters. (Amended: 8/15/2022) Link Would prohibit any person from purchasing a used catalytic converter from anybody other than certain specified sellers, including an automobile dismantler, an automotive repair dealer, or an individual possessing documentation, as specified, that they are the lawful owner of the catalytic converter. A violation of this provision would be an infraction, punishable by a fine, as specified. Status: 8/16/2022-Read second time. Ordered to third reading. Calendar: 8/18/2022 #310 ASSEMBLY THIRD READING FILE - SENATE BILLS, SB 1338 (Umberg) Community Assistance, Recovery, and Empowerment (CARE) Court Program. (Amended: 8/15/2022) Link The Assisted Outpatient Treatment Demonstration Project Act of 2002, known as Lauras Law, requires each county to offer specified mental health programs, unless a county or group of counties opts out by a resolution passed by the governing body, as specified. Current law, the Lanterman-Petris-Short Act, provides for short-term and longer-term involuntary treatment and conservatorships for people who are determined to be gravely disabled. This bill would enact the Community Assistance, Recovery, and Empowerment (CARE) Act, which would authorize specified adult persons to petition a civil court to create a voluntary CARE agreement or a court-ordered CARE plan and implement services, to be provided by county behavioral health agencies, to provide behavioral health care, including stabilization medication, housing, and other enumerated services to adults who are currently experiencing a severe mental illness and have a diagnosis identified in the disorder class schizophrenia and other psychotic disorders, and who meet other specified criteria. The bill would require the Judicial Council to develop a mandatory form for use in filing a CARE process petition and would specify the process by which the petition is filed and reviewed, including requiring the petition to be signed under penalty of perjury, and to contain specified information, including the facts that support the petitioners assertion that the respondent meets the CARE criteria. Status: 8/16/2022-Read second time. Ordered to third reading. Client Position: Support Calendar: 8/18/2022 #340 ASSEMBLY THIRD READING FILE - SENATE BILLS, Notes: 4/29 SG: Subcommittee voted to take a support position 5/20 SG: Sent draft letter to City 5/31 AB: Submitted letter of support through the Legislative portal 6/14 AB: Submitted letter of support to the Assembly Judiciary and Health Committees, through the Legislative portal 6/21 SG: Testified in Assembly Judiciary in support 6/24 AB: Submitted letter of support to the Assembly Health, Senate Human Services, Senate Public Safety Committees through the Legislative portal 6/28 SG: Testified in Asm Health in support Aug. 22, 2022 Item #3 Page 20 of 25 Revenue and Taxation AB 1951 (Grayson) Sales and use tax: exemptions: manufacturing. (Amended: 8/1/2022) Link The Sales and Use Tax Law provides various exemptions from those taxes, including a partial exemption from those taxes, on and after July 1, 2014, and before July 1, 2030, for the gross receipts from the sale of, and the storage, use, or other consumption of, qualified tangible personal property purchased by a qualified person for purchases not exceeding $200,000,000, for use primarily in manufacturing, processing, refining, fabricating, or recycling of tangible personal property, as specified; qualified tangible personal property purchased for use by a qualified person to be used primarily in research and development, as provided; qualified tangible personal property purchased for use by a qualified person to be used primarily to maintain, repair, measure, or test any qualified tangible personal property, as provided; and qualified tangible personal property purchased by a contractor purchasing that property for use in the performance of a construction contract for the qualified person, that will use that property as an integral part of specified processes. Current law, on and after January 1, 2018, and before July 1, 2030, additionally exempts from those taxes the sale of, and the storage, use, or other consumption of, qualified tangible personal property purchased for use by a qualified person to be used primarily in the generation or production, as defined, or storage and distribution, as defined, of electric power. This bill would, on and after January 1, 2023, and before January 1, 2028, make this a full exemption for purchases not exceeding $200,000,000. The bill would repeal these provisions on January 1, 2028, and would revert to the above-described partial exemption on that date. Status: 8/11/2022-From committee: Do pass. (Ayes 7. Noes 0.) (August 11). Read second time. Ordered to third reading. Calendar: 8/17/2022 #398 SENATE ASSEMBLY BILLS - THIRD READING FILE, Notes: 03/03/22 DH: Sent detailed breakdown of bills implications to client for review. No further direction provided. Transportation and Public Works AB 1717 (Aguiar-Curry) Public works: definition. (Amended: 5/19/2022) Link Current law requires that, except as specified, not less than the general prevailing rate of per diem wages, determined by the Director of Industrial Relations, be paid to workers employed on public works projects. Current law defines the term public works for purposes of requirements regarding the payment of prevailing wages to include construction, alteration, demolition, installation, or repair work done under contract and paid for using public funds, except as specified. Current law makes a willful violation of laws relating to the payment of prevailing wages on public works a misdemeanor. This bill would expand the definition of public works to include fuel reduction work done under contract and paid for in whole or in part out of public funds performed as part of a fire mitigation project, as specified. Status: 8/11/2022-From committee: Do pass. (Ayes 5. Noes 2.) (August 11). Read second time. Ordered to third reading. Calendar: 8/17/2022 #290 SENATE ASSEMBLY BILLS - THIRD READING FILE, AB 1740 (Muratsuchi) Catalytic converters. (Amended: 6/21/2022) Link Current law requires a core recycler, as defined, who accepts a catalytic converter for recycling to maintain a written record of specified information regarding the transaction, including the item type and quantity, amount paid for the catalytic converter, an identification number, if any, and the vehicle identification number, for not less than 2 years. Current law makes it a crime to violate these requirements. This bill would require a core recycler to include additional Aug. 22, 2022 Item #3 Page 21 of 25 information in the written record, including the year, make, and model of the vehicle from which the catalytic converter was removed and a copy of the title of the vehicle from which the catalytic converter was removed. The bill would prohibit a core recycler from entering into a transaction to purchase or receive a catalytic converter from a person that is not a commercial enterprise, as defined, or a verifiable owner of the vehicle from which the catalytic converter was removed, as specified, and would make other conforming changes. Status: 8/11/2022-From committee: Do pass. (Ayes 7. Noes 0.) (August 11). Read second time. Ordered to third reading. Calendar: 8/17/2022 #377 SENATE ASSEMBLY BILLS - THIRD READING FILE, AB 1833 (Ward) San Diego Metropolitan Transit Development Board: North County Transit District: consolidated agency: public contracting. (Chaptered: 7/19/2022) Link The San Diego Regional Transportation Consolidation Act creates the consolidated agency, commonly known as the San Diego Association of Governments (SANDAG), through the consolidation of certain regional transportation planning, programming, and related functions in the County of San Diego from various agencies. Current law requires the San Diego Metropolitan Transit Development Board, North County Transit District, and consolidated agency to follow specified procedures when contracting for certain services, the acquisition or lease of materials, supplies, or equipment, architectural, landscape architectural, engineering, environmental, land surveying, or construction project management services. Current law requires those entities to follow different procedures when the amount of the contract exceeds specified thresholds. This bill would increase those thresholds from $100,000, or $50,000 in certain instances, to $150,000, and would make other clarifying changes, as specified. Status: 7/19/2022-Approved by the Governor. Chaptered by Secretary of State - Chapter 110, Statutes of 2022. Client Position: Watch AB 1946 (Boerner Horvath) Electric bicycles: safety and training program. (Chaptered: 8/15/2022) Link Would require the Department of the California Highway Patrol to develop, on or before September 1, 2023, statewide safety and training programs based on evidence-based practices for users of electric bicycles, as defined, including, but not limited to, general electric bicycle riding safety, emergency maneuver skills, rules of the road, and laws pertaining to electric bicycles. The bill would require the safety and training programs to be developed in collaboration with relevant stakeholders and to be posted on the internet website of the department. Status: 8/15/2022-Approved by the Governor. Chaptered by Secretary of State - Chapter 147, Statutes of 2022. Client Position: Support Notes: 8/14/22 SG: Request for signature letter sent to Governor's office. AB 2367 (Ward) Regional transportation plans: implementation authority: San Diego Association of Governments. (Chaptered: 7/19/2022) Link Current law provides for the consolidation of certain regional transportation planning, programming, and related functions in the County of San Diego from various agencies. Current law provides for the consolidated agency, commonly known as the San Diego Association of Governments (SANDAG), to be governed by a 21-member board of Aug. 22, 2022 Item #3 Page 22 of 25 directors, each of whom is selected by the governing body of a city in the county or the San Diego County Board of Supervisors, as specified. Current law authorizes SANDAG to exercise specified rights and powers including, among other things, adopting a regional transportation plan and issuing bonds, as provided. This bill would explicitly authorize SANDAG to implement every component of the regional transportation plan and to seek resources and funding for projects identified in the sustainable communities strategy, as provided. The bill would also authorize SANDAG to exercise its bonding authority to implement the regional transportation plan, as provided. Status: 7/19/2022-Approved by the Governor. Chaptered by Secretary of State - Chapter 127, Statutes of 2022. Client Position: Watch AB 2953 (Salas) Department of Transportation and local agencies: streets and highways: recycled materials. (Amended: 8/11/2022) Link Would require the Department of Transportation and a local agency that has jurisdiction over a street or highway, to the extent feasible and cost effective, to use advanced technologies and material recycling techniques that reduce the cost of maintaining and rehabilitating streets and highways and that exhibit reduced levels of greenhouse gas emissions through material choice and construction method. The bill would require, beginning January 1, 2024, a local agency that has jurisdiction over a street or highway, to the extent feasible and cost effective, to apply standard specifications that allow for the use of recycled materials in streets and highways, as specified. The bill would exempt cities and counties whose populations do not exceed specified thresholds from these requirements. By increasing the duties of local agencies, this bill would impose a state-mandated local program. Status: 8/15/2022-Read second time. Ordered to third reading. Client Position: oppose unless amended Calendar: 8/17/2022 #627 SENATE ASSEMBLY BILLS - THIRD READING FILE, Notes: 05/31 AB: Submitted letter of opposition unless amended through the Legislative portal. 6/14 SG: Testified in Senate Transportation Committee SB 922 (Wiener) California Environmental Quality Act: exemptions: transportation-related projects. (Enrollment: 8/15/2022) Link The California Environmental Quality Act (CEQA) requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA, until January 1, 2030, exempts from its requirements bicycle transportation plans for an urbanized area for restriping of streets and highways, bicycle parking and storage, signal timing to improve street and highway intersection operations, and related signage for bicycles, pedestrians, and vehicles under certain conditions. This bill would delete the requirement that the bicycle transportation plan is for an urbanized area. The bill would extend the exemption to an active transportation plan or pedestrian plan. The bill would define active transportation plan and pedestrian plan. The bill would specify that individual projects that are a part of an active transportation plan or pedestrian plan remain subject to the requirements of CEQA unless those projects are exempt by another provision of law. Status: 8/15/2022-Assembly amendments concurred in. (Ayes 30. Noes 3.) Ordered to engrossing and enrolling. Aug. 22, 2022 Item #3 Page 23 of 25 SB 932 (Portantino) General plans: circulation element: bicycle and pedestrian plans and traffic calming plans. (Amended: 8/15/2022) Link Current law states the Legislatures intention that a county or city general plan and the elements and parts of that general plan comprise an integrated, internally consistent and compatible statement of policies for the adopting agency. This bill would emphasize the intent of the Legislature to fight climate change with these provisions. Status: 8/16/2022-Read second time. Ordered to third reading. Client Position: Oppose Calendar: 8/18/2022 #277 ASSEMBLY THIRD READING FILE - SENATE BILLS, Notes: 6/28 AB: Submitted letter of opposition to the Assembly Appropriation , Local Government and Transportation Committees and added to the clients folder Water AB 2106 (Rivas, Robert ) Water quality: permits. (Amended: 8/11/2022) Link The State Water Resources Control Board and the 9 California regional water quality control boards regulate water quality and prescribe waste discharge requirements in accordance with the federal national pollutant discharge elimination system (NPDES) permit program established by the federal Clean Water Act and the Porter-Cologne Water Quality Control Act. Curren tlaw requires each regional board to formulate and adopt water quality control plans for all areas within the region, as provided. This bill would require, on or before December 31, 2025, the state board to update its stormwater data collection systems and software through specified actions. Status: 8/15/2022-Read second time. Ordered to third reading. Calendar: 8/17/2022 #547 SENATE ASSEMBLY BILLS - THIRD READING FILE, SB 222 (Dodd) Water Rate Assistance Program. (Amended: 8/11/2022) Link 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 residential ratepayers. The bill would make moneys in the fund available upon appropriation by the Legislature to the State Water Resources Control Board to provide, in consultation with relevant agencies, direct water bill assistance, water bill assistance to low-income residential ratepayers served by eligible systems, as defined, and by tribal water and wastewater systems that choose to participate and would require 80% of total funds to be directly applied to residential ratepayer accounts. The bill would require the state board, to the extent feasible, cost effective, and permitted under the California Constitution, to identify and contract with one or more third-party fund administrators. The bill would impose requirements on the state board in connection with the program, including, among others, within 270 days of the effective date, as defined, adopting guidelines in consultation with relevant agencies and an advisory group for implementation of the program and preparing a report to be posted on state boards internet website identifying how the fund has performed. The bill would require the guidelines to include minimum requirements for eligible systems, including the ability to confirm eligibility for enrollment through a request for self-certification of eligibility under penalty of perjury. Aug. 22, 2022 Item #3 Page 24 of 25 Status: 8/11/2022-Read third time and amended. Ordered to third reading. Client Position: Watch Calendar: 8/18/2022 #38 ASSEMBLY THIRD READING FILE - SENATE BILLS, SB 1157 (Hertzberg) Urban water use objectives. (Amended: 6/16/2022) Link Current law, until January 1, 2025, establishes 55 gallons per capita daily as the standard for indoor residential water use. Current law establishes, beginning January 1, 2025, the greater of 52.5 gallons per capita daily or a standard recommended by the Department of Water Resources and the State Water Resources Control Board as the standard for indoor residential water use, and beginning January 1, 2030, establishes the greater of 50 gallons per capita daily or a standard recommended by the department and the board as the standard for indoor residential water use. Current law requires the board, in coordination with the department, to adopt by regulation variances recommended by the department and guidelines and methodologies pertaining to the calculation of an urban retail water suppliers urban water use objective recommended by the department. This bill would eliminate the option of using the greater of 52.5 gallons per capita daily and the greater of 50 gallons per capita daily, as applicable, or a standard recommended by the department and the board as the standard for indoor residential water use. The bill would instead require that from January 1, 2025, to January 1, 2030, the standard for indoor residential water use be 47 gallons per capita daily and beginning January 1, 2030, the standard be 42 gallons per capita daily. Status: 8/15/2022-Read second time. Ordered to third reading. Client Position: Oppose Calendar: 8/18/2022 #178 ASSEMBLY THIRD READING FILE - SENATE BILLS, Notes: 4/27/22 SG: Letter of opposition submitted. 5/12/22 AB: Signed Letter of opposition submitted through the Legislative portal. 06/14 AS: Testified in opposition in Asm Water, Park, Wildlife - bill significantly amended, SG sent to client for review Aug. 22, 2022 Item #3 Page 25 of 25 City of Carlsbad Legislative Subcommittee Renne Public Policy Group │ www.publicpolicygroup.com Sharon Gonsalves, Director of Government Affairs, Renne Public Policy Group August 22, 2022 Legislative Calendar Renne Public Policy Group │ www.publicpolicygroup.com August 1-31—Last month of the two-year legislative session. September 30—Last day for Governor to sign or veto legislation. November 8 –General Election Day December 5: 2023-2024 Regular Convenes for Organizational Session Administrative Actions: Climate Change The Governor’s climate proposals include: •Codifying statewide carbon neutrality goal to dramatically reduce climate pollution •Establishes a clear, legally binding, and achievable goal for California to achieve statewide carbon neutrality as soon as possible, and no later than 2045. •Ramping up our 2030 climate ambition •Adopts a more aggressive 2030 greenhouse gas emissions reduction target –going from 40% to 55% below the 1990 level. •Protecting communities from the harmful impacts of the oil industry•Establishes a setback distance of 3,200 feet between any new oil well and homes, schools, or parks. •Ensures comprehensive pollution controls for existing oil wells within 3,200 feet of these facilities. •Establishing pathway toward state’s clean energy future •Creates clean electricity targets of 90% by 2035 and 95% by 2040 with the intent of advancing the state’s trajectory to the existing 100% clean electricity retail sales by 2045 goal. •Advancing natural and engineered technologies to remove carbon pollution •Establishes a clear regulatory framework for carbon removal and carbon capture, utilization and sequestration. •Requires the state to develop an achievable carbon removal target for natural and working lands. Renne Public Policy Group │ www.publicpolicygroup.com Administrative Actions: Water Supply Renne Public Policy Group │ www.publicpolicygroup.com Governor Newsom announced an updated water supply strategy focusing on: •Expanding water storage capacity above and below ground by 4 million acre-feet •Expanding average groundwater recharge by 500,000 acre-feet •Accelerating wastewater recycling projects •Building projects to capture more runoff during storms •Desalination of ocean water and salty groundwater Administrative Actions: Infrastructure Governor Gavin Newsom named former Los Angeles Mayor Antonio Villaraigosa to serve as an Infrastructure Advisor to the State. He will work with local, state and federal leaders to identify priority projects and maximize access to federal funding across all regions of the state Renne Public Policy Group │ www.publicpolicygroup.com City Sponsored Legislation Renne Public Policy Group │ www.publicpolicygroup.com AB 1672 –Lifeguard Certification Equivalency Renne Public Policy Group │ www.publicpolicygroup.com AB 1672 by Assemblymember Tasha Boerner Horvath will allow for lifeguard certification by the United State’s Lifesaving Association (USLA) be permitted to work as lifeguards at city operated swimming pools. •AB 1672 got off the Senate Appropriations Suspense File •Technical amendments were taken •Bill will be heard on Senate Floor AB 1682 –Water Vessels Speed Limit Exemption Renne Public Policy Group │ www.publicpolicygroup.com AB 1682 is joint authored by Assemblymember Tasha Boerner Horvath and Assemblymember Chris Ward. This bill will exempt City water vessels from the current 5 mile per hour speed limit requirement. City of San Diego is a co-sponsor. •AB 1682 is currently on Governor Newsom’s desk. Bills of Interest Renne Public Policy Group │ www.publicpolicygroup.com 2022 Legislation: Held in Appropriations Renne Public Policy Group │ www.publicpolicygroup.com SB 1105 (Hueso)SD Equitable and Environmentally Friendly Affordable Housing Agency This bill would establish the San Diego Regional Equitable and Environmentally Friendly Affordable Housing Agency and the agency’s purpose is to increase the supply of equitable and environmentally friendly housing in the County of San Diego by providing for significantly enhanced funding and technical assistance across the regional level, equitable housing preservation, and rental protection programs. City Position: Oppose SB 513 (Hertzberg) Homeless and Domestic Violence Shelter Grants This bill would require HCD to administer a program to award grants to shelters for food, shelter and basic veterinary services for pets owned by people experiencing homelessness or escaping domestic violence.City Position: Support 2022 Legislation: Housing Renne Public Policy Group │ www.publicpolicygroup.com Policy SB 6 (Caballero)AB 2011 (Wicks) By-right vs. allowable use Makes it an “Allowable Use” unless parcel meets requirements of SB 35 (2017). Makes Residential Development by-right on commercial parcels. Affordability Requirements Requires 15% affordable for lower income households in rental projects. Requires 15% but also allows a project to qualify with 30% moderate income units if an ownership project. Labor Standards Requires skilled and trained workforce. Skilled and trained is not a requirement but labor standards are included. Development Potential Generally, defers to existing local zoning . Allows for greater heights, density and smaller setbacks. Vacancy Requirements Must have had no commercial tenants on 50 percent or more of its space for at least three years. No vacancy requirements. Limits commercial portion to 50% of the ground floor. Sunset Provisions Currently has a January 1, 2029 sunset No sunset provision in AB 2011 2022 Legislation: Housing Renne Public Policy Group │ www.publicpolicygroup.com SB 897 (Wieckowski) Accessory Dwelling Units This bill would make numerous changes to law governing ADUs including: •Specifies that certain standards that may be imposed on ADUs must be objective. •Increases the 16-foot height standard local agencies may impose on an ADU on parcels. •Requires a local agency to approve or deny, rather than to merely act, on an ADU or JADU permit application within 60 days of receipt of a completed application.•States that the construction of an ADU shall not constitute a Group R occupancy change under the local building code. •Status: Assembly Third Reading AB 2097 (Friedman) Parking Requirements This bill prohibits public agencies from imposing parking minimums on developments near public transit. •Status: Senate Third Reading 2022 Legislation: Climate Resiliency SB 932 (Portantino) Circulation Element: Bicycle and Pedestrian Calming Plans Renne Public Policy Group │ www.publicpolicygroup.com Requires the circulation element of a general plan to include specified contents related to bicycle plans, pedestrian plans, and traffic calming plans. Language allowing for a private right of action for failure to implement plan was removed.City Position: OpposeStatus:Assembly Third Reading SB 1157 (Hertzberg) Urban Water Use Objective This bill would reduce residential water use from 55 gallons per capita daily to 47 gallons beginning January 1, 2025 to January 1, 2030. Beginning January 1, 2030 the standard would be reduced to 42 gallons per capita daily.City Position: Oppose Status: Assembly Third Reading Looking Forward: Fall 2022 –January 2023 The end of the two-year legislative session is August 31, 2022. Meet with local delegation in the fall to discuss policy and financial priorities and strengthen relationships. Plan advocacy strategy for next year: •Review Legislative Platform •Conduct Relationship Building Meetings 2023/2024 Legislative Session trends: •Legislative Turnover •New legislative leadership in the Assembly •New committee assignments •Declining State Revenues Renne Public Policy Group │ www.publicpolicygroup.com Thank YouQuestions/Discussion Renne Public Policy Group │ www.publicpolicygroup.com