The URL can be used to link to this page

Home My WebLink About2022-09-27; City Council Legislative Subcommittee; ; Legislative Update and Advocacy ReportLEGISLATIVE SUBCOMMITTEE Staff Report Meeting Date: Sept. 27, 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. Discussion Staff and the Renne Public Policy Group (RPPG) will present an update and overview of state legislative and budget 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 • 2022-23 State Budget Request to support the Vitality of Cities • SB 54 (Allen): Plastic Pollution Producer Responsibility Act -Support • SB 443 (Hertzberg): Emergency medical services (EMS): prehospital EMS -Support • SB 513 (Hertzberg): Homeless shelters grants: pets and veterinary services -Support • SB 833 (Dodd): Community Energy Resilience Act of 2022 -Support • SB 897 (Wieckowski): Accessory Dwelling Units -Oppose/Veto Request • SB 932 (Portantino): General plan: circulation element: bike, ped, traffic calming-Oppose/Veto Request • SB 1105 (Hueso): SD Regional Affordable Housing Finance Agency -Oppose • SB 1157 (Hertzberg): Indoor Residential Water Use -Oppose Unless Amended/Veto Request • SB 1186 (Wiener): Medicinal Cannabis Patients' Right of Access Act -Oppose/Veto Request • SB 1338 (Umberg): CARE Court Program -Support/Signature Request • SB 1466 (Stern}: Affordable Housing and Com Dev Investment Program (Held by Author) • AB 500 (Ward): Local planning: coastal development: streamlined permitting -Oppose • AB 1672 (Boerner Horvath): Public Swimming Pools: Lifeguards -Support (Sponsor)/Signature Request Sept. 27, 2022 Item #2 Page 1 of 24 • AB 1682 (Boerner Horvath): Vessels: Public Safety Activities -Support (Sponsor)/Signature Request • AB 1711 (Seyarto): Privacy Breach -Oppose Unless Amended/Veto Request • AB 1737 (Holden): Children's Camps Local Registration and Inspections --Oppose Neutral • AB 1789 (Bennett): Outdoor recreation: California Recreational Trails System Plan - Support/Signature Request • AB 1944 (Lee and C. Garcia): Local Government -Open and Public Meetings -Support • AB 1946 (Boerner Horvath): E-Bike Education -Support/Signature Request • AB 1985 (Rivas): Organic Waste -Support/Signature Request • AB 2097 (Friedman): Residential and Commercial Parking Requirements -Oppose/Veto Request • AB 2179 (Grayson): Development Fees-Oppose (Gut and Amend to COVID -19 Tenant Relief) • AB 2449 (Rubio): Open Meetings -Local Agencies -Teleconferencing-S1:1pport Neutral • AB 2838 (O'Donnell): Electrical Corporations -Green Tariff Program -Oppose Unless /\mended Neutral • AB 2953 (Salas): Department of Transportation and Local Agencies -Oppose Unless Amended/Veto Request Next Steps Staff continues to evaluate bills that may impact city operations and policy priorities, which will be presented for discussion and feedback from the Legislative Subcommittee. 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 -September 2022 2. Priority Legislation List -Sept. 21, 2022 Sept. 27, 2022 Item #2 Page 2 of 24 September 22, 2022 {city of Carlsbad California 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 -September 2022 LEGISLATIVE SESSION ADJOURNS Exhibit 1 ~!!?~§ At approximately 1:45AM on the morning of September 1, 2022, the California State Legislature adjourned year two of the two-year legislative session. This capped a unique legislative cycle that saw record budget surpluses-resulting in historic investments in transportation infrastructure and climate mitigation funding including drought relief. Governor Newsom and his team pushed hard for a revamped mental health care program his office dubbed as CARE Court, measures that increase firearm manufacturer accountability and an am bitious climate/environmental package. All told, the total number of measures that were introduced this year came in at 2,353 with 1,434 measures advancing through the Legislature for Governor Newsom's consideration. Hundreds of pending bills impacting local government touching on housing and land use, mental health, homelessness, climate, and measures impacting local government operations made their way to the Governor for consideration . Governor Newsom has until Friday, September 30 to act on all pending measures. Any bill that includes an urgency clause, relates to the budget, or modifies the elections code will go into effect immediately upon the Governor's signature. All other bills will go into effect on January 1, 2023, unless stated otherwise in the legislation (for example, a delayed implementation). Legislative Timing and Key Dates: Sept. 30 Last day for Governor to sign or veto pending legislation Nov 8 General Election Dec. 5 2023-24 Regular Session convenes for Organizational Session Jan. 1, 2023 Statutes t ake effect Sept.27,2022 Item #2 Page 3 of 24 CITY SPONSORED LEGISLATION The City of Carlsbad sponsored two pieces of legislation in the 2022 legislative session pertaining to a shortage of qualified lifeguards and lifeguard rescue vessels. AB 1672 (Boerner Horvath) Public Swimming Pools: lifeguards. This bill would authorize lifeguards who are certified by the United States Lifesaving Association (USLA) to provide services at municipal operated swimming pools. Governor Newsom signed this bill on September 13, 2022. AB 1682 (Boerner Horvath) Public safety: Speeding vessels: lifeguard rescue vessels. This measure 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. The bill was signed into law August 29, 2022. 2022/2023 BUDGET AB 179 (Ting) The Budget Act of 2022 was amended on August 30 to reflect changes necessary to implement the final budget agreement. These changes include appropriating funding set aside in the Budget Act in June of 2022 to allow for further discussions and negotiations. In addition, this bill contains technical changes, corrections and updates identified after the budget was adopted. One such amendment included: • $5,000,000 to the City of Carlsbad for Carlsbad Veterans Memorial Park improvement CLIMATE PACKAGE On August 12, the Governor presented his Climate priorities to the Legislature, which included five pillars: • 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: 1) Establishes a setback distance of 3,200 feet between any new oil well and homes, schools, or parks, 2) 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: 1) Establishes a clear regulatory framework for carbon removal and carbon capture, utilization and sequestration, 2) Requires the state to develop an achievable carbon removal target for natural and working lands. Sept. 27, 2022 Item #2 Page 4 of 24 Beginning mid-August and concluding the weekend before end of session a flurry of climate related bills encapsulating these proposals went into print as part of a comprehensive "climate package." These measures include: AB 1279 {Muratsuchi) The California Climate Crisis Act. Codifies California's carbon neutrality goals and requires a reduction of greenhouse gas emissions of 85% below 1990 levels by 2045. AB 1757 {C. Garcia) California Global Warming Solutions Act of 2006: climate goal: natural and working lands. Requires the California Natural Resources Agency (CNRA) to establish a range of targets for natural carbon sequestration and for nature-based climate solutions that reduce greenhouse gas emissions for 2030, 2038, and 2045 to support state goals of carbon neutrality by January 1, 2024. SB 846 {Dodd) Diablo Canyon powerplant: extension of operations. This bill authorizes the extension of operating the Diablo Canyon Nuclear power plant (DCPP) beyond the current expiration dates (of 2024 for Unit 1 and 2025 for Unit 2), to up to five additional years and also authorizes a loan of $1.4 billion from the state to Pacific Gas & Electric, the operator of DCPP, to facilitate the extension of the plant. This bill appropriates $600 million and requires future Legislative action for the remaining. SB 905 {Caballero) Carbon sequestration: Carbon Capture, Removal, Utilization, and Storage Program. This bill is tied together with AB 1279 (Muratsuchi) and establishes the Carbon Capture, Removal, Utilization, and Storage Program (CCRUS) at the California Air Resources Board (CARB). SB 1020 {Laird) Clean Energy, Jobs, and Affordability Act of 2022. 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 sa les by 2045 goal. SB 1137 {Gonzalez) Oil and gas: operations: location restrictions: notice of intention: health protection zone: sensitive receptors. Establishes "health protective zones" for oil and gas well setbacks, requiring an area within a 3,200-foot radius from a residence, school, community resource center, health care facility, or business that is open to the public. SB 1174 {Hertzberg) Electricity: eligible renewable energy or energy storage resources: transmission and interconnection. Adds consideration of transmission to some renewable and clean energy reports existing statute requires retail electricity suppliers to provide to the CPUC. SB 1230 {Limon) Zero-emission and near-zero-emission vehicle incentive programs: requirements. Makes specified changes to the Clean Cars 4 All (CC4A) Program and applies new, uniform requirements to clean vehicle incentive programs in the state. Sept. 27, 2022 Item #2 Page 5 of 24 SB 1314 (Limon) Oil and Gas: Enhance Oil Recovery. This bill would prohibit an operator from injecting a concentrated carbon dioxide fluid produced by a carbon dioxide capture project or a carbon dioxide capture and sequestration project into a Class II injection well for purposes of enhanced oil recovery, including the facilitation of enhanced oil recovery from another well. The Governor signed these measures into law on September 16, 2022. Homelessness and Mental Health One of the most pressing issues for the Newsom Administration and the Legislature is addressing the States rapidly increasing homeless population. The most recent data shows that the state currently has 161,548 people on average experiencing homelessness on any given night. While there are differing views on cause and approach to solve the challenges state and local agencies are grappling with, the Legislature advanced a package of polices aimed at addressing this ongoing challenge. The most prominent effort was the advancement of Senate Bill (SB) 1338 (Umberg) which creates the California CARE Court system which was signed into law on September 14, 2022. CARE Court Broad Overview: CARE Court connects a person struggling with untreated mental illness -and often also substance use challenges-with a court-ordered Care Plan for up to 24 months. Each plan is managed by a care team in the community and can include clinically prescribed, individualized interventions with several supportive services, medication, and a housing plan. ### Sept. 27, 2022 Item #2 Page 6 of 24 Priority Legislation September 21, 2022 {city of Carlsbad Cal f o r n a Brown Act AB 2449 (Rubio. Blanca) Open meetings: local agencies: teleconferences. (Chaptered: 9/13/2022) Link Exhibit 2 RPPG RA>nn Pubhc Poli Group ··--~ ..... ·-,,.. . Current law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legis lative body of a loca l 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. 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 agency's jurisdiction. Status: 9/13/2022-Approved by the Governor. Chaptered by Secretary of State -Chapter 285, Statutes of 2022. Client Position: No Position 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. (Chaptered: 8/22/2022) Link 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 individual's behavior is disrupting the meeting and that the individual's 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: 8/22/2022-Approved by the Governor. Chaptered by Secretary of State. Chapter 171, Statutes of 2022. RPPG Ri!nne PuD!,c Pohc Group ,. """"""" ·-. Cannabis SB 1186 (Wiener) Medicinal Cannabis Patients' Right of Access Act. (Chaptered: 9/18/2022) 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: 9/18/2022-Approved by the Governor. Chaptered by Secretary of State. Chapter 395, Statutes of 2022. Client Position: Oppose 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 9/6 AB: Sent request for veto letter to the Governor's office Children, Youth and Recreation AB 1737 (Holden) Children's 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 children's camps and recommendations for developing and issuing requirements for the regulatory oversight of children's camps. Status: 8/31/2022-Failed Deadline pursuant to Rule 61(b)(18). (Last location was INACTIVE FILE on 8/24/2022) Client Position: removed opposition 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 bill's provisions as it related registration requ irement 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. (Enrolled: 8/26/2022) Link Current law requires the Director of Parks and Recreation 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 RPPG California Recreational Trails System Plan. Current law requires the plan to be continuously reviewed, revised, and updated by the director. Existing 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, non motorized natural surface trails, as provided. The bill would require the director, among other things, on or before January 1, 2024, to prepare and provide to the Legislature a full update of the plan. Status: 8/31/2022-Enrolled and presented to the Governor at 4 p.m. Client Position: Support 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. 8/29 AB: Sent the Governor's office Request for Signature letter. Elections, Political Reform and Redistricting AB 1416 (Santiago) Elections: ballot label. (Enrollment: 9/13/2022) 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 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. Status: 9/13/2022-Enrolled and presented to the Governor at 4 p.m. AB 2582 (Bennett) Recall elections: local offices. (Enrolled: 8/26/2022) 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 officer's successor in the event the officer is removed from office. This bill would inste~d 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. Status: 8/31/2022-Enrolled and presented to the Governor at 9:30 p.m . RPPG Rtmne Pu Polu'.:}' G,oup ,. ....... ,., _.,...s.,-,,1!• SB 1131 (Newman) Address confidentiality: public entity employees and contractors. (Enrollment: 9/13/2022) 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 participant's 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: 9/13/2022-Enrolled and presented to the Governor at 3 p.m. AB 2838 (O'Donnell) Electrical corporations: green tariff shared renewables program. (Chaptered: 9/19/2022) link Current law requires the Public Utilities Commission to require each electrical corporation wi~h 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 corporation's 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: 9/18/2022-Approved by the Governor. Chaptered by Secretary of State -Chapter 418, Statutes of 2022. Client Position: Watch 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. (Chaptered: 9/16/2022) link 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. RPPG R_nn Puhl Pohcy Group .. ~--p, J... . Status: 9/16/2022-Approved by the Governor. Chaptered by Secretary of State. Chapter 356, Statutes of 2022. SB 884 (McGuire) Electricity: expedited utility distribution infrastructure undergrounding program. (Enrollment: 9/6/2022) Link Would require the Public Utilities 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 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 or rebuild areas 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 9 months. If the office approves the large electrical corporation's plan, the bill would require the large electrical corporation to submit to the commission a copy of the plan and an application requesting review and conditional approval of the plan's costs and would require the commission to approve or deny the plan within 9 months. If the plan is approved by the office and commission, the bill would require the large electrical corporation to file specified progress reports, include additional information in its wildfire mitigation plans, hire an independent monitor to review and assess its compliance with its plan, apply for available federal, state, and other nonratepayer moneys throughout the duration of the approved plan, and use those nonratepayer moneys to reduce the program's costs on its ratepayers, as specified. The bill would authorize the commission to assess penalties on a large electrical corporation that fails to substantially comply with the commission decision approving its plan. Status: 9/6/2022-Enrolled and presented to the Governor at 3:30 p.m. Environmental and Climate AB 1985 (Rivas, Robert) Organic waste: recovered organic waste product procurement targets. (Chaptered: 9/16/2022) 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's 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 jurisdiction's recove red 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: 9/16/2022-Approved by the Governor. Chaptered by Secretary of State -ChaRter 344, Statutes of 2022. Client Position: Support RPPG Rern'le Pu {. PohC)' Group • "" ,..l#J.,_ .,. Calendar: 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 8/29 AB: Sent the Governor's office Request for Signature letter. AB 2142 (Gabriel) Income taxes: exclusion: turf replacement water conservation program. (Enrollment: 8/30/2022) Link The Personal Income Tax Law and the Corporation Tax Law, in conformity with federal income tax law, generally defines "gross income" as income from whatever source derived, except as specifically excluded, and provides various exclusions from gross income. Current 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 both of these laws, 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: 8/30/2022-Enrolled and presented to the Governor at 4 p.m. AB 2160 (Bennett) Coastal resources: coastal development permits: fees. (Chaptered: 9/13/2022) Link 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: 9/13/2022-Approved by the Governor. Chaptered by Secretary of State -Chapter 280, Statutes of 2022. SB 45 (Portantino) Short-lived climate pollutants: organic waste reduction goals: local jurisdiction assistance. (Chaptered: 9/19/2022) 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: 9/19/2022-Approved by the Governor. Chaptered by Secretary of State. Chapter 445, Statutes of 2022. RPPG Re-nn Pub!,~ Pohcy G,oup . ~ ,.~... . 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 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 75, 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. (Enrollment: 9/6/2022) Link Current law creates within the Ocean Protection Council the California Sea Level Rise State and Regional Support Collaborative to provide state and regional information to the public and support to local, regional, and other state agencies for the identification, assessment, planning, and, where feasible, the mitigation of the adverse environmental, social, and economic effects of sea level rise within the coastal zone, as provided. This bill 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 subregional 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. Status: 9/6/2022-Enrolled and presented to the Governor at 3:30 p.m. Government Operations and Economic Development AB 1672 (Boerner Horvath) Public swimming pools: lifeguards. (Chaptered: 9/13/2022) 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: 9/13/2022-Approved by the Governor. Chaptered by Secretary of State -Chapter 273, Statutes of 2022. Client Position: Sponsor 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 08/29 AB: Sent the Governor's office Request for Signature letter. RPPG Rm'ln Pu Pohcy Group ,. ..,.,,,.,,.,. ..-., AB 1711 (Seyarto) Privacy: breach. (Enrolled: 8/26/2022) Link Current law requires an agency or a person or business that conducts business in California that owns or licenses computerized data that includes personal information to disclose a breach of security of the system following discovery or notification of the breach in the security data to certain residents of California, as specified. This bill would require an agency to post a notice on the agency's internet website when a person or business operating a system on behalf of the agency is required to issue a security breach notification for that system pursuant to the above-described provisions, as specified. Status: 8/31/2022-Enrolled and presented to the Governor at 4 p.m. Client Position: Oppose unless amended Notes: 8/9 AB: Submitted letter of oppose unless amended to the Senate Appropriations Committee and to the Authors office through the Legislative portal. 9/2 AB: Sent request for veto letter to the Governor's office AB 2164 (Lee) Disability access: certified access specialist program: funding. (Enrollment: 8/29/2022) Link Current law establishes a Disability Access and Education Revolving Fund, a continuously appropriated fund, within the Division of the State Architect for purposes of increasing disability access and compliance with construction-related accessibility requirements and developing educational resources for businesses to facilitate compliance with federal and state disability laws, as specified. Current law requires the State Architect to establish and publicize a program for voluntary certifi~ation 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. Status: 8/29/2022-Enrolled and presented to the Governor at 3:30 p.m. SB 1044 (Durazo) Employers: emergency condition: retaliation. (Enrollment: 8/30/2022) 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 employee's 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 worker's home have ceased. Status: 8/30/2022-Enrolled and presented to the Governor at 3 p.m. RPPG Recnn11 Pu ,c Pohr.':y Group .. ~--"' 1,-i;;,,w.• Client Position: 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. {Enrollment: 9/9/2022) Link (l)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. Existing 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. Existing 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 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. The bill would specify that emergency shelters for purposes of these provisions include other interim intervention, including, but not limited to, navigation centers, bridge housing, and respite or recuperative care. This bill contains other related provisions and other existing laws. Status: 9/9/2022-Enrolled and presented to the Governor at 4 p.m. Housing, Land Use and Planning AB 916 (Salas) Zoning: bedroom addition. (Enrollment: 9/7/2022) 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: 9/7 /2022-Enrolled and presented to the Governor at 4 p.m. 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. (Enrollment: 9/7/2022) Link The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and specified land outside its boundaries, that includes, among other mandatory elements, a housing element. For the 4th and subsequent revisions of the housing element, existing law RPPG R ml!! Pul>',c PohC::y G!'Oup ... 4 .... r,.,11,t._-•• requires the Department of Housing and Community Development to determine the existing 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 instead require a council of governments or a delegate subregion to consider including specified factors in developing the above-mentioned methodology. Status: 9/7 /2022-Enrolled and presented to the Governor at 4 p.m. AB 2011 (Wicks) Affordable Housing and High Road Jobs Act of 2022. (Enrollment: 9/6/2022) 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 propor:ient 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: 9/6/2022-Enrolled and presented to the Governor at 4 p.m. AB 2094 (Rivas, Robert) General plan: annual report: extremely low-income housing. (Enrollment: 9/12/2022) Link The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Current law requires the planning agency of a city or county to provide an annual report to certain specified entities by April 1 of each year that includes, among other information, the city or county's progress in meeting its share of regional housing needs and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing, as specified. This bill would additionally require a city or county's annual report to include the locality's progress in meeting the housing needs of extremely low income households, as specified. Status: 9/12/2022-Enrolled and presented to the Governor at 4 p.m. AB 2097 (Friedman) Residential, commercial, or other development types: parking requirements. (Enrollment: 9/12/2022) Link The bill, notwithstanding the above-described prohibition, would authorize a city, county, or city and county to impose or enforce minimum automobile parking requirements on a housing development project if the public agency makes written findings, within 30 days of the receipt of a completed application, that not imposing or enforcing minimum automobile parking requirements on the development would have a substantially negative impact, supported by a RPPG ~"""""" A:'l'lln Pu Policy Group . " ..... ~'--.. preponderance of the evidence in the record, on the public agency's ability to meet its share of specified housing needs or existing residential or commercial parking within 1/2 mile of the housing development. Status: 9/12/2022-Enrolled and presented to the Governor at 4 p.m. Client Position: Oppose Notes: SG: 4/27/2022 -Letter of Opposition submitted through portal SG: 6/15/2022 -Testified in opposition in S G&F 6/21/22 DH: Testified in opposition Sen Housing 6/29/22 DH: Testified in opposition in Sen G+F 7/8/22 SG : Updated letter to reflect 6/23 amendments -Submitted to Approps 9/1/22 SG: Letter to Governor requesting veto sent. 9/6/22 AB: Sent request to veto letter to the Governor's office AB 2234 (Rivas, Robert) Planning and zoning: housing: postentitlement phase permits. (Enrollment: 9/6/2022) 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, as defined, 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 wou Id define "local agency" for these purposes to mean a city, county, or city and county. Status: 9/6/2022-Enrolled and presented to the Governor at 4 p.m. SB 897 (Wieckowski) Accessory dwelling units: junior accessory dwelling units. (Enrollment: 9/13/2022) Link 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. Status: 9/13/2022-Enrolled and presented to the Governor at 3 p.m. Client Position: Oppose 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 RPPG Ro-nne Publ,c Pohq Group .. ~ .... ,.~~.-.-i through portal 4/27 /22 SG -Testified in opposition in A H&CD 6/29/22 AS: Testified in opposition Asm Local Gov 9/6/22 AB: Sent request for veto letter to the Govnenor's office SB 970 (Eggman) Mental Health Services Act. (Amended: 8/23/2022) 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 children's 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, conducted by peer counties, of counties' MHSA services and uniform elements for the county MHSA system improvement plans. Status: 8/31/2022-Failed Deadline pursuant to Rule 61(b)(18). (Last location was THIRD READING on 8/15/2022) Public Safety and EMS AB 1682 (Boerner Horvath) Vessels: public safety activities. (Chaptered: 8/29/2022) 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: 8/29/2022-Approved by the Governor. Chaptered by Secretary of State -Chapter 203, Statutes of 2022. Client Position: Sponsor 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. (Enrollment: 9/13/2022) Link Current law requires a peace officer to release a person who has been arrested for a misdemeanor after securing that person's 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 non release that the person has been cited, arrested, or convicted for misdemeanor or felony RPPG ~~nc Publ Polu::~• Group L ol r-,b/lll'l-• 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: 9/13/2022-Enrolled and presented to the Governor at 4 p.m. AB 2644 (Holden) Custodial interrogation. (Chaptered: 9/13/2022) Link This bill 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. This bill contains other related provisions and other existing laws. Status: 9/13/2022-Approved by the Governor. Chaptered by Secretary of State -Chapter 289, Statutes of 2022. Client Position: Watch Notes: 5/2/22 -SG: SD County public safety delegation will be sending a letter of opposition. SB 986 (Umberg) Vehicles: catalytic converters. (Amended: 8/24/2022) 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. Existing 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, requ ire payment by any traceable method, other than cash . Status: 8/31/2022-Failed Deadline pursuant to Rule 61(b)(18). (Last location was RECONSIDERATION on 8/16/2022) SB 1087 (Gonzalez) Vehicles: catalytic converters. (Enrollment: 9/6/2022) 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. 9/6/2022-Enrolled and presented to the Governor at 3:30 p.m. SB 1338 (Umberg) Community Assistance, Recovery, and Empowerment (CARE) Court Program. (Chaptered: 9/14/2022) Link Would, contingent upon the State Department of Health Care Services developing an allocation to provide financial assistance to counties, enact the Community Assistance, Recovery, and Empowerment (CARE) Act, which would RPPG R.P.nne Pub(ic Pohcy Group ' ....... i ..• 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 Counties of Glenn, Orange, Riverside, San Diego, Stanislaus, and Tuolumne and the City and County of San Francisco to implement the program commencing October 1, 2023, and the remaining counties to commence no later than December 1, 2024. 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 petitioner's assertion that the respondent meets the CARE criteria. Status: 9/14/2022-Approved by the Governor. Chaptered by Secretary of State. Chapter 319, Statutes of 2022. Client Position: Support 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 9/1/ SG: City logo will appear on Cal Cities letter to the Governor Revenue and Taxation AB 1951 (Grayson) Sales and use tax: exemptions: manufacturing. (Vetoed: 9/15/2022) 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. Status: 9/15/2022-Vetoed by Governor. Notes: 03/03/22 DH: Sent detailed breakdown of bills implications to client for review. No further direction provided. Transportation and Public Works RPPG R~nne Pu Pohcy Group A --•-r-~1_;. -,:• AB 1717 (Aguiar-Curry) Public works: definition. {Enrollment: 9/12/2022) 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, commencing January 1, 2024, 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. The bill would limit those provisions to work that falls within an apprenticable occupation in the building and construction trades for which an apprenticeship program has been approved and to contracts in excess of $100,000. The bill would delay the application of those provisions until January 1, 2025, for nonprofits. Status: 9/12/2022-Enrolled and presented to the Governor at 4 p.m. AB 1740 (Muratsuchi) Catalytic converters. (Enrollment: 9/12/2022) 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 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. Status: 9/12/2022-Enrolled and presented to the Governor at 4 p.m. 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 (SAN DAG), 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. 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 RPPG RP.nne Public Policy G•oup .. .., ..... ,,...,., .. ~· 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. 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 (SAN DAG), to be governed by a 21-member board of 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 SAN DAG 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 SAN DAG 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 SAN DAG 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. (Enrollment: 9/6/2022) Link Current law requires the State Procurement Officer, when purchasing materials to be used in paving or paving subbase for use by the Department of Transportation and any other state agency that provides road construction and repair services, to contract for those items that use recycled material in those materials, unless the Director of Transportation determines that the use of the materials is not cost effective. This bill 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 and special districts from these requirements. Status: 9/6/2022-Enrolled and presented to the Governor at 4 p.m. Client Position: oppose unless amended Notes: 05/31 AB: Submitted letter of opposition unless amended through the Legislative portal. 6/14 SG: Testified in Senate Transportation Committee 09/02 AB: Sent letter request for veto to the Governor's office SB 922 {Wiener) California Environmental Quality Act: exemptions: transportation-related projects. {Enrollment: 8/23/2022) Link RPPG RP.nnc Publ Polley Group ,. ,~,. ........ The California Environmental Quality Act (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: 8/23/2022-Enrolled and presented to the Governor at 12:30 p.m. SB 932 (Portantino) General plans: circulation element: bicycle and pedestrian plans and traffic calming plans. {Enrollment: 9/6/2022) Link Current law states the Legislature's 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 support and encourage commu nities in reaching environmental and climate change objectives with these provisions. Status: 9/6/2022-Enrolled and presented to the Governor at 3:30 p.m. Client Position: Oppose Notes: 6/28 AB: Submitted letter of opposition to the Assembly Appropriation, Local Government and Transportation Committees and added to the clients folder 9/12 AB: Sent "Request for Veto" letter to the Governor's office AB 2106 (Rivas, Robert) Water quality: permits. {Enrollment: 9/12/2022) Link Would require, on or before December 31, 2025, the State Water Resources Control Board to update its stormwater data collection systems and software through specified actions. Status: 9/12/2022-Enrolled and presented to the Governor at 4 p.m. SB 222 (Dodd) Water Rate Assistance Program. {Enrollment: 9/6/2022) Link Current law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health. Existing law declares it to be the established policy of the state that every human being has the right to safe, clean, affordable, and_ accessible water adequate for human consumption, cooking, and sanitary purposes. This bill would establish the Water Rate Assistance Fund in the State Treasury to help provide water affordability assistance, for both drinking water and wastewater services, to low-income residential ratepayers. The bill would make moneys in the fund available upon appropriation by the Legislature to the state board to provide, in consultation with relevant agencies, direct water bill assistance to low- RPPG Re-nnc Public PohC)· Group .. ~~ ..... t,.-... income residential ratepayers served by eligible systems, as defined, and would require 80% of total expenditures from the fund to be directly applied to residential ratepayer accounts. Status: 9/6/2022-Enrolled and presented to the Governor at 3:30 p.m. Client Position: Watch SB 1157 (Hertzberg) Urban water use objectives. (Enrollment: 9/13/2022) Link Current law requires the Department of Water Resources, in coordination with the State Water Resources Control Board, and including collaboration with and input from stakeholders, to conduct necessary studies and investigations and authorizes the department and the board to jointly recommend to the Legislature a standard for indoor residential water use. 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 and the 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 supplier's 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: 9/13/2022-Enrolled and presented to the Governor at 3 p.m. Client Position: Oppose 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 9/1 SG: City signed onto ACWA coalition letter requesting a veto. City of Carlsbad Legislative Subcommittee Renne Public Policy Group │ www.publicpolicygroup.com Sharon Gonsalves, Director of Government Affairs, Renne Public Policy Group September 27, 2022 Quick Snapshot: Legislative Calendar Renne Public Policy Group │ www.publicpolicygroup.com September 1-30, 2022 -Governor must act on all pending legislation (Legislation not acted upon automatically becomes law w/o signature) November 8, 2022 –State General Election December 5, 2022 –Organizational Legislative Session January 3, 2023 -Start of The 2023-24 Legislative Session 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. •Signed into Law! 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 was signed into law!1-\FEGUARo Bills of Interest Renne Public Policy Group │ www.publicpolicygroup.com Legislative Update: 2022 Budget Renne Public Policy Group │ www.publicpolicygroup.com AB 179 (Ting) Budget Act of 2022 •This bill amends the 222 Budget Act to reflect changes necessary to implement the budget agreement •These changes include appropriating funding set aside in the Budget Act in June of 2022 to allow for further discussions and negotiations. •In addition, this bill contains technical changes, corrections and updates identified after the budget was adopted. •This bill includes $5 million for improvements to Veterans' Memorial Park Legislative Update: Homelessness + Housing HOMELESSNESS + HOUSING AB 2097 (Friedman D) Residential and commercial development: remodeling, renovations, and additions: parking requirements (Introduced: 2/14/2022) Status: Chaptered City Position: Oppose SB 897 (Wieckowski D) Accessory dwelling units: junior accessory dwelling units (Amended: 4/18/2022) Status: Governor’s Desk awaiting action City Position: Oppose Renne Public Policy Group │ www.publicpolicygroup.com Legislative Update: Homelessness + Housing HOMELESSNESS + HOUSING, Cont’d SB 1338 (Umberg)Community Assistance,Recovery,and Empowerment (CARE)Court Program. Status: Signed into law, Chapter 319, Statutes of 2022. City Position: Support •Supported by $15.3 billion in one-time for homelessness programs and to assist with County implementation •$11.6 billion in annual (ongoing) funding for mental health services Renne Public Policy Group │ www.publicpolicygroup.com Legislative Update: CARE Court Renne Public Policy Group │ www.publicpolicygroup.com Phased in approach with the following counties implementing the program first: GlennOrangeRiversideSan DiegoStanislausTuolumneSan Francisco This cohort will be required to implement the CARE Act by October 1, 2023, with all remaining counties to begin implementation by October 1, 2024 • • REFERRAL ! • CARIE PLAN SUPPORT • SUCCESS 2022 Legislation: Homelessness + Housing Renne Public Policy Group │ www.publicpolicygroup.com Truncated Comparison Chart Between SB 6 and AB 2011 Policy SB 6 Middle Class Housing Act of 2022 AB 2011Affordable Housing and High Road Jobs Act of 2022 Effective Dates July 1, 2023-January 1, 2033 Same Applicable Areas Allowable use for residential developments within a zone where office , retail and parking are principally permitted, on parcels of 20 acres or less. For 100% affordable: located in a zone where office, retail or parking are principally permitted For Mixed Income: parcels greater than 50 feet wide which abut a commercial corridor [Several caveats on uses] Affordability Requirements Establishes no minimum set-aside for affordable units but requires local inclusionary housing and impact fees to apply (Note: Nothing prohibits a local government from establishing either via ordinance). Requires all units in the project to be rented for longer than 30 days. Requires either 100% affordable, or For parcels abutting a commercial corridor either: (a) a multifamily rental housing development where 15 percent of units are reserved for lower income households, or (b) an owner-occupied multifamily housing development where 30 percent of the units are reserved for moderate income households and 15 percent for lower income households. Local inclusionary requirements b hi h 2022 Legislation: Homelessness + Housing Renne Public Policy Group │ www.publicpolicygroup.com Truncated Comparison Chart Between SB 6 and AB 2011 cont. Policy SB 6 AB 2011 Mixed Use 50 percent dedicated to residential Two-thirds residential Density Requires residential density to meet or exceed housing element densities per acre deemed appropriate for the jurisdiction to accommodate lower income households. If the local government allows densities greater than these on the parcel, then it shall apply. An applicant may also apply for a density bonus under Density Bonus Law. For 100% affordable projects: the same density criteria as SB 6, including eligibility Density Bonus Law. For mixed income projects: density increases based upon width of parcel, proximity to transit and whether the project in a metropolitan or non- metropolitan jurisdiction. 2022 Legislation: Children + Youth Renne Public Policy Group │ www.publicpolicygroup.com CHILDREN, YOUTH + RECREATION AB 1737 (Holden D) Children’s camps: local registration and inspections Status: Measure Failed City Position: Oppose AB 1789 (Bennett) Outdoor Recreation Trails System Status: Governor’s Desk awaiting action City Position: Support 2022 Legislation: Transportation + Public Works Renne Public Policy Group │ www.publicpolicygroup.com TRANSPORTATION & PUBLIC WORKS AB 1740 (Muratsuchi) Catalytic Converters Status: Signed Into Law City Position: Watch SB 1087 (Gonzalez) Catalytic Converters Status: Signed Into Law City Position: Watch AB 1946 (Boerner Horvath) Electric Bicycles: Safety and Training Programs Status: Signed Into Law City Position: Support 2022 Legislation: Transportation, Public Works and Water Renne Public Policy Group │ www.publicpolicygroup.com TRANSPORTATION & PUBLIC WORKS AB 2953 (Salas) Department of Transportation: Recycled Materials Status: Governor’s Desk awaiting action City Position: Oppose Unless Amended SB 932 (Portantino) General Plans; Circulation Elements Status: Governor’s Desk awaiting action City Position: Oppose WATER SB 1157 (Hertzberg) Status: Governor’s Desk awaiting action City Position: Oppose Unless Amended Looking Forward: Oct.2022 –January 2023 RPPG is preparing the City’s End of Year report. 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 for edits •Conduct Relationship Building Meetings 2023/2024 Legislative Session trends: •Legislative Turnover due to upcoming election. •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