HomeMy WebLinkAbout2022-11-08; City Council Legislative Subcommittee; ; Legislative Update and Advocacy ReportLEGISLATIVE SUBCOMMITTEE
Staff Report
Meeting Date: Nov. 8, 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 activity (Exhibit 1) and the priority legislation being tracked on behalf of the city (Exhibit
2).
Next Steps
Staff and RPPG will monitor, evaluate, and engage the Legislative Subcommittee in a discussion of
legislative activity and proposed measures that may impact city operations and policy priorities
during the Special Legislative Session on Dec. 5, 2022, and throughout the upcoming 2023/2024
Legislative Session.
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. Legislative Monthly Report -October 2022
2. 2021/22 Legislative Session -Summary of Actions on Local Government Measures
3. Memorandum on End of COVID-19 State of Emergency: Remote M eetings
Nov. 8, 2022 Item #2 Page 1 of 12
November 1, 2022
C cityof
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 (RPPG)
Re: Legislative Monthly Report -October 2022
OCTOBER ADMINISTRATIVE ACTION
Exhibit 1
Governor Newsom wrapped up the 2022 legislative session by signing 997 bills into law and vetoing
169 bills. RPPG has provided a summary of those actions with specific updates regarding bills of
interest to the City of Carlsbad in Exhibit 2. In addition, the Governor announced several updates of
note:
Oil Prices
After the price of gas at the pump hit all-time highs, the Air Resources Control Board allowed for ea rly
distribution of cheaper winter-blend gasoline. Winter-blend gasoline is cheaper to produce and
generally results in lower gas prices at the pumps but is accompanied by some air quality impacts,
and refineries are only allowed to produce the blend after October 31. However, given the continued
high prices experienced by Californians at the pump, Governor Newsom has called for a special
legislative session to pass a new tax on oil company profits to address what he called "rank price
gouging." This session will take place on December 5, the same day the new Legislature will be in
Sacramento for their Organizational Session. The Organizational Session is when lawmakers conve ne
in Sacramento to formally commence the new legislative session and the newly elected
representatives will be sworn into the Senate and Assembly. Notably, the desk also opens on this
date, allowing Senators and Assembly Members to introduce their first measures of the new
legislative session.
Brown Act and Virtual Meetings
The Governor announced earlier this month he would be putting an end to the COVID-19 St ate of
Emergency on February 28, 2023. The SMARTER plan will continue to guide the State into the next
phase of COVID-19 response. The Governor stated he announced well in advance to provide the
flexibility needed to prepare for this phaseout. Of note, this will impact the ability of local
governments to hold virtual meetings as AB 361, which is how local Brown Act bodies are currently
able to meet exclusively in a virtual format, is only in effect as long as an emergency order is also in
Nov. 8, 2022 Item #2 Page 2 of 12
effect. The new remote meeting standards as outlined and enacted under AB 2449 will not take effect
until January 2024. RPPG provided the Memo in Exhibit 3 to brief the City on this new development,
outline authorities granted under AB 2449, and advise the City to ensure operations are fully
compliant by March 1, 2023.
STATE LEGISLATIVE DEADLINES
• November 8 -Election Day
• December 5 -Organizational Session
• January 1 -New laws take effect
The 2023 Legislative Calendar has not yet been published; we will share once it is available.
CALIFORNIA ECONOMIC SUMMIT
California Forward is a 501(c)(3) that focuses on the state's most pressing issues. One manner in
which they promote key policies is through the annual California Economic Summit. 2022 was the
most-attended in the Summit's 11-year history, this year's event attracted nearly 1,000 attendees as
stakeholders seek to move forward from the pandemic. The Summit featured nine working sessions,
where attendees collaborated on real solutions to critical issues including Building a Sustainable
Energy Future, Housing and Homeownership, Economic Prosperity in a Changing Climate, Advancing
Inclusive Regional Economies, the Creative Economy and more. These working sessions set the stage
for opportunities for advancement in 2023.
BROADBAND INFRASTRUCTURE
On October 13, in Poway, construction began on the first leg of the State's investment to expand
broadband infrastructure and provide internet access to all communities throughout California. The
Middle Mile Broadband Project will provide 10,000 miles of high-capacity fiber lines and per guidance
by the United States Treasury the project must be completed by 2026.
Once the middle mile network is built, the state will fund "last mile" connections to hook up the
middle mile network to homes and businesses. Local providers will be able to access the middle mile
network to provide that direct service, as well as reduced-cost or free service for eligible residents.
###
Nov. 8, 2022 Item #2 Page 3 of 12
Governor Takes Final Action on Bills Impacting Local Government Exhibit 2
On the eve of September 30, Governor Newsom issued his final legislative update-bringing the 2021-22
legislative session to a close. While the Governor signed several measures that impact local government
and reduce local discretion-particularly in land use policy, he did veto a handful of measures that would
have added potential liability to local governments and/or would have reduced future revenues.
In addition, the Governor did enact a variety of measures that recognize the importance of effective local
government implementation of state laws-approving bills that require the appropriate state department
or departments to assist with local compliance, delaying implementation of previously enacted laws or
extending sunset provisions on effective local programs.
All told, Governor Newsom acted on 1,422 individual pieces of legislation. He signed 1,273 and vetoed
169. Below is a truncated list of key measures that have an impact on local government. Should you have
any questions regarding any the measures listed, or would like to inquire on legislation not included,
please contact us with any questions.
Housing and Land Use
AB 1445 (Levine) Planning and Zoning: regional Housing Needs Allocation: Climate Change Impacts
[Chaptered]
This bill Adds the impacts of climate change as a factor that a regional council of governments (COGs) may
consider in developing their methodology that allocates regional housing needs.
AB 2011 (Wicks) Affordable Housing and High Road Jobs Act of 2022 [Chaptered] [Note: Measure has a
delayed implementation of July 1, 2023, and sunsets January 1, 2033]
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. Allows local governments
to exempt parcels from the bill if the local government identifies alternative sites that can be developed
by right pursuant to the by criteria of this bill, such that there is no overall loss in units, no loss in affordable
units, and that the new sites affirmatively further fair housing.
AB 2094 (Rivas) General plan: annual report: extremely low-income housing. [Chaptered]
Requires a city or county's annual report to include the locality's progress in meeting the housing needs
of extremely low-income households in its housing element.
AB 2097 (Friedman) Residential, commercial, or other development types: parking requirements.
[Chaptered]
This bill would prohibit a public agency from imposing any minimum automobile parking requirement on
any residential, commercial, or other development project, that is located within 1/2 mile of public transit.
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 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.
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AB 2234 (Rivas) Planning and zoning: housing: postentitlement phase permits. (Chaptered]
This bill would require a local agency to compile a list of information needed to approve or deny a
postentitlement phase permit, 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, and to make those items available to all applicants for these permits no later than
January 1, 2024.
AB 2334 (Wicks) Density Bonus Law: affordability: incentives or concessions in very low vehicle travel
areas: parking standards: definitions. (Chaptered]
Allows a housing development project in the Counties of Alameda, Contra Costa, Marin, Napa, San
Francisco, San Mateo, Santa Clara, Solano, Sonoma, Los Angeles, Orange, Riverside, San Bernardino, San
Diego, Ventura, Sacramento, and Santa Barbara to receive added height and unlimited density if the
project is located in an urbanized very low vehicle travel area, at least 80 percent of the units are restricted
to lower income households, and no more than 20 percent are for moderate income households.
SB 6 (Caballero) Middle Class Housing Act of 2022 (Chaptered] (Note: Measure has a delayed
implementation of July 1, 2023. and sunsets January 1, 2033)
This measure permits a housing development project as an allowable use within a zone where office,
retail, or parking are a principally permitted use, so long as the parcel is not adjacent to a parcel dedicated
to industrial use. Developments under this measure are not considered a "project" as defined in the
California Environmental Quality Act, can be used in combination with density bonus and must use ski lled
and trained workforce as defined in law.
SB 897 (Wieckowski) Accessory dwelling units: junior accessory dwelling units. (Chaptered]
Adjusts the minimum ADU height limit that a local agency may impose, as follows: For detached ADUs on
a lot with an existing or proposed single family, a 16 feet height limitation is allowed. For detached ADUs
on a lot with an existing or proposed multifamily dwelling unit, an 18 feet height limitation is allowed. For
a detached ADU within one-half of one mile walking distance of a major transit stop or a high-quality
transit corridor, an 18 feet height limitation is allowed. Also, requires that a local agency must allow an
additional two feet in height to accommodate a roof pitch on an ADU that is aligned with the roof pitch
of the primary dwelling unit. For ADUs attached to the primary dwelling, a height of 25 feet or the height
limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, is allowed.
Prohibits a local agency from denying a permit for a constructed, unpermitted ADU built before January
1, 2018, for various reasons.
SCA 2 (Allen) Public housing projects. (Chaptered]
If approved by the voters in 2024, this measure would repeal Article 34 of the California Constitution,
which requires development, construction, or acquisition of publicly funded low-rent housing projects to
be approved by a majority of voters in a city or county.
Homelessness and Mental Health
AB 988 (Bauer-Kahan) Mental Health: 988 Suicide and Crisis Lifeline (Chaptered]
This would enact the Miles Hall Lifeline and Suicide Prevention Act. The bill would require the Office of
Emergency Services to verify, no later than July 16, 2022, that technology that allows for transfers
between 988 centers as well as between 988 centers and 911 public safety answering points, is available
to 988 centers and 911 public safety answering points throughout the st ate. The bill would require, no
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later than 90 days after passage of the act, the office to appoint a 988-system director, among other
things. The bill would require, no later than July 1, 2024, the office to verify interoperability between and
across 911 and 988. The bill would require the office to consu lt with specified entities on any technology
requirements for 988 centers.
AB 2339 (Bloom) Housing element: emergency shelters: regional housing need (Chaptered]
This bill would revise the requirements of the housing element, 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.
AB 2483 (Maienschein) Housing for individuals experiencing homelessness (Chaptered]
Would require the Department of Housing and Community Development, by December 31, 2023, to
· award incentives, as specified, to Multifamily Housing Program project applicants that agree to set aside
at least 20% of the project's units, or no more than 50% of the projects units if the project includes more
than 100 units, for individuals that are either experiencing homelessness, as defined, or eligible to receive
specified services, including, among others, those received under the Program of All-Inclusive Care for the
Elderly.
SB 1238 (Eggman) Behavioral health services: existing and projected needs. (Vetoed]
Requires the Department of Health Care Services (DHCS), beginning January 1, 2024, and at least every
five years thereafter, to conduct a review of and prepare a report regarding current and projected
behavioral health (BH) care infrastructure and service needs in each region of the state, including barriers
to meeting projected future needs and suggestions to alleviate bottlenecks in the continuum.
SB 1338 (Umberg) Community Assistance, Recovery. and Empowerment (CARE) Court Program.
(Chaptered) (Note: Delayed implantation for counties not enumerated in the description below]
Establishes the CARE Act, which must be implemented by Glenn, Orange, Riverside, San Diego, Sa n
Francisco, Stanislaus, and Tuolumne Counties by October 1, 2023, and the remaining counties by
December 1, 2024, subject to delays based on a state or local emergency, or discretionary approval by the
Department of Health Care Services (DHCS), up until December 1, 2025. Provide that the CARE Act only
becomes operative upon DHCS, in consultation with county stakeholders, developing a CARE Act
allocation to provide state financial assistance to cou nties to implement the CARE process.
Water/Climate Mitigation
AB 1279 (Muratsuchi) The California Climate Crisis Act. (Chaptered]
Codifies California's carbon neutrality goals and requires a reduction of greenhouse gas emissions of 85%
below 1990 levels by 2045. This bill is contingent upon enactment of SB 905 (Caballero).
AB 1757 (C. Garcia) California Global Warming Solutions Act of 2006: climate goal: natural and working
lands. (Chaptered]
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,
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2038, and 2045 to support state goals of carbon neutrality by January 1, 2024.
AB 1985 (R. Rivas) Organic Waste: Recovered Organic Waste Product Procurement Targets
[Chaptered)
This bill creates a delayed enforcement timeline for penalties for local jurisdictions to meet their organic
waste procurement targets, gives the Department of Resources Recycling and Recovery (CalRecycle) the
authorization to create an adjusted recovered procurement target schedule at its discretion, and allows
renewable gas procured from a publicly owned treatment works (POTW) to count towards 100% of a
jurisdiction's procurement target until 2025.
SB 45 (Portantino) Short-lived climate pollutants: organic waste reduction goals: local jurisdiction
assistance. [Chaptered)
This bill requires the Department of Resources Recycling and Recovery (CalRecycle), in consultation with
the Air Resources Board (ARB), to assist local jurisdictions with complying with specified organic waste
recycling programs, including related regulations and clarifies that this bill does not limit a local
jurisdiction's obligation to comply with the organic waste recycling requirements.
SB 905 (Caballero) Carbon sequestration: Carbon Capture. Removal. Utilization. and Storage Program.
[Chaptered)
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 1137 (Gonzalez) Oil and gas: operations: location restrictions: notice of intention: health protection
zone: sensitive receptors. [Chaptered)
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 1157 (Hertzberg) Urban water use objectives [Chaptered)
This bill changes the standards for indoor residential water use beginning 2025 to 47 gallons per capita
daily (gpcd) and beginning 2030 to 42 gpcd.
SB 1174 (Hertzberg) Electricity: eligible renewable energy or energy storage resources: transmission and
interconnection. [Chaptered)
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.
[Chaptered)
Makes specified changes to the Clean Cars 4 All (CC4A) Program and applies new, uniform requirements
to clean vehicle incentive programs in the state.
SB 1482 (Allen) Building standards: electric vehicle charging infrastructure. [Vetoed)
Requires access to an electric vehicle (EV) charging infrastructure for each dwelling unit with access to a
parking space in a multifamily dwelling.
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Brown Act/ Technology
AB 1711 (Seyarto) Privacy: breach. (Vetoed)
This bill requires that, when a person or business operating a system of records on behalf of a state or
local agency is required to disclose a data breach pursuant to existing law, the state or local agency also
disclose the breach by conspicuously posting the notice provided by the person or business pursuant to
existing law on the agency's website, if the agency maintains one, for a minimum of 30 days.
AB 2449 (Rubio) Open meetings: local agencies: teleconferences. (Chaptered)
Provides that until January 1, 2026, under certain circumstances (just cause, as defined or emergency
circumstances, as defined) and on a limited basis, a non-majority amount of members of a Brown Act body
may utilize virtual teleconferencing without publicly noticing their location and making that location
accessible to the public.
AB 2647 (Levine) Local Government: Open Meetings (Chaptered)
Current law, the California Public Records Act, requires state agencies and local agencies to make public
records available for inspection, subject to specified criteria, and with specified exceptions. Current law,
the Ralph M. Brown Act, requires the meetings of the legislative body of a local agency to be conducted
openly and publicly, with specified exceptions. Current law makes agendas of public meetings and other
writings distributed to the members of the governing board disclosable public records, with certain
exceptions. This bill would instead require a local agency to make those writings distributed to the
members of the governing board available for public inspection at a public office or location that the
agency designates and list the address of the office or location on the agenda for all meetings of the
legislative body of the agency unless the local agency meets certain requirements, including the local
agency immediately posts the writings on the local agency's internet website in a position and manner
that makes it clear that the writing relates to an agenda item for an upcoming meeting.
SB 1100 (Cortese) Cortese. Open meetings: orderly conduct. [Chaptered)
SB 1100 in certain circumstances permits the presiding member of a Brown Act legislative body, or their
designee to remove or cause the removal of, an individual for disrupting the meeting. SB 1100 provides
additional clarity by codifying (via intent language) the authority and standards for governing public
meetings in accordance with Acosta v. City of Costa Mesa, 718 F.3d 800, 811 (9th Cir. 2013), in which the
court explained that an ordinance governing the decorum of a city council meeting is not facially
overbroad if it only permits a presiding officer to eject an attendee for actually disturbing or impeding a
meeting.
Elections/ Political Reform and Redistricting
AB 1416 (Santiago) Elections: ballot label. [Chaptered)
This bill requires the ballot label for a statewide measure and for a local measure, at the option of each
county and if certain conditions are met, to include a listing of the supporters or opponents of the measure
taken from the supporters and opponents of the ballot arguments printed in the voter information guide.
AB 2582 (Bennett) Recall elections: local offices. (Chaptered)
Requires a local recall election to include only the question of whether the elected officer sought to be
recalled should be removed from office. Requires the office, if a local officer is successfully recalled, to
become vacant and to be filled in accordance with existing law.
AB 2584 (Berman) Recall elections. [Chaptered)
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Increases the total number of proponent signatures required to be included on a notice of intention to
recall a state or local elected officer. Establishes a public display period for local recall petitions and
authorizes a voter to seek an order requiring the proponents' statement of reasons for the recall or the
officer's answer to that statement to be amended or deleted on the recall petition. Requires a petition for
the recall of a school board member to contain a fiscal estimate of the cost for conducting the recall
election. Lengthens the timeframe for holding a local recall election that has qualified for the ballot in
order to allow that election to be consolidated with a regularly scheduled election.
SB 1131 (Newman) Address confidentiality: public entity employees and contractors [Chaptered] (Note:
Urgency Clause, Taking Effect Immediately).
This bill establishes an address confidentiality (or "Safe at Home") program for public entity employees
and contractors, as provided. The bill prohibits the names of precinct board members from being listed
when posting information, as specified, and requires county elections officials to make certain information
appearing on the affidavit of registration confidential upon request of a qualified worker. The bill declares
that it is to take effect immediately as an urgency statute.
Public Safety/ EMS
AB 1594 (Ting) Firearms: Civil Suits [Chaptered]
Allows the California Attorney General, local governments, and survivors of gun violence to pursue legal
action in California courts against gun manufacturers, importers and dealers who are irresponsible,
reckless, and negligent in the sale or marketing of their products in California.
AB 1682 (Boerner Horvath) Vessels: Public Safety Activities (Chaptered]
Exempts vessels, including personal watercraft, clearly identifiable as lifeguard rescue vessels engaged in
public safety activities from the speed limit imposed on machine-propelled vessels operating in ce rtain
areas.
AB 1685 (Bryan) Vehicles: parking violations. (Vetoed]
This bill would require a processing agency, if it seeks to collect an unpaid parking penalty by requesting
the Department of Motor Vehicles to place a registration hold on the vehicle, to forgive at least $1,500 in
parking fines and fees annually for a qualified homeless person, provide certain information regarding the
parking citation forgiveness program, including on its internet website, and collect and have readily
available specified information.
AB 2571 (Bauer-Kahan) Firearms: Adverting to Minors [Chaptered]
Prohibits firearm industry members from marketing or advertising firearm-related products to minors and
authorizes public attorneys and injured plaintiffs to bring a civil action to enforce the prohibition, obtain
injunctive relief, and seek either civil penalties, or, in some cases, damages for harms caused by a violation.
AB 2644 (Holden) Custodial Interrogation [Chaptered]
Prohibits an officer from using threats, physical harm, deception, or psychologically manipulative
interrogation tactics when questioning a person 17 years of age or younger about the commission of a
felony or misdemeanor.
AB 1740 (Muratsuchil Catalytic converters [Chaptered]
Prohibits a core recycler from entering into a transaction to purchase or receive a catalytic converter from
any person that is not a commercial enterprise, as defined, or verifiable owner of the vehicle from which
the catalytic converter was removed.
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SB 1087(Gonzalez) Vehicles: catalytic converters [Chaptered]
This bill requires a traceable payment method for catalytic converters; provides 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; prohibits a core recycler from purchasing a 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; prohibits 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.
Revenue and Taxation
AB 1951 (Grayson) Sales and use tax: exemptions: manufacturing. [Vetoed]
This converts the current state General Fund-only sales and use tax exemption for the purchase of
manufacturing equipment into a full exemption, commencing on January 1, 2023, and end on January 1,
2028, at which time the bill reinstates the partial exemption. Projections from the California Department
of Tax and Fee Administration estimates an annual loss in local sales and use tax at $533 million.
AB 2142 (Gabriel) Income taxes: exclusion: turf replacement water conservation program. [Chaptered]
[Note: Sunset date of January 1. 20281
This bill excludes any rebate, voucher, or other financial incentive received in connection with a turf
replacement water conservation program from taxable income. Provides the exclusion for both Personal
Income and Corporation taxpayers allowed for the 2022 through 2027 taxable years.
Transportation / Public Works
AB 2438 (Friedman) Transportation funding: guidelines and plans. [Vetoed]
Requires state transportation programs to incorporate strategies from the Climate Action Plan for
Transportation Infrastructure (CAPT!) into various transportation funding program guidelines.
AB 2953 (Salas) Department of Transportation and local agencies: streets and highways: recycled
materials [Chaptered]
This bill, beginning January 1, 2024, requires local agencies, as defined, to apply standard specifications
for the use of recycled materials in streets and highways that are at or above the level allowed in the
Department of Transportation (Caltrans) specifications, to the extent feasible and cost effective.
SB 922 (Wiener) California Environmental Quality Act: exemptions: transportation-related projects
[Chaptered]
This bill expands California Environmental Quality Act (CEQA) exemptions for specified transit, bicycle,
and pedestrian projects, and extends these exemptions from 2023 to 2030.
SB 932 (Portantino) General Plans: Circulation Element: Bicycle and Pedestrian Plans and Traffic Calming
Plans [Chaptered]
This bill requires the circulation element of a general plan to include specified contents related to bicycle
plans, pedestrian plans, and traffic calming plans, and to implement those plans.
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Exhibit 3
October 17, 2022
Governor Newsom to End the COVID-19 State of Emergency: Remote Meetings I Effective 02/28/2023
Governor Newsom announced this afternoon that his office will be lifting the COVID-19 State of Emergency.
As indicated by the announcement, the State of Emergency will end on February 28, 2023. While this is certainly
a positive step as we transition from pandemic to endemic-this does mean that Ralph M. Brown Act Bodies
must fully return to in-person public meetings. Under current law (AB 361 {R. Rivas), Chapter 165, Statutes of
2021), The exemptions included in AB 361 only apply during a declared state of emergency as defined under
the California Emergency Services Act. (Gov. Code §§ 52953(e)(l), (e)(4).) In addition, one of the following
circumstances must apply:
• State or local officials have imposed or recommended measures to promote social distancing.
• The legislative body is meeting to determine whether, as a result of the emergency, meeting in person
would present imminent risks to the health or safety of attendees.
• The legislative body has determined that, as a result of the emergency, meeting in person presents
imminent risks to the health or safety of attendees.
With the lifting of the State of Emergency, and assuming that a subsequent declaration is not issued, the
provisions of AB 361 cannot be met, and therefore localities must return to pre-pandemic Brown Act
provisions.
Recently Enacted Legislation on Remote Meetings: The State legislature recently enacted, and the Governor
signed AB 2449 {Rubio) (Chapter 285, Statutes of 20221 which provides under incredibly limited
circumstances, the ability to have a minority amount of a Brown Act body members participate remotely.
However, the practical applicability of this law is so overly restrictive, it is unlikely that it will be used in
practice. In addition, the measure is slated to sunset January 1, 2026-meaning local agencies shouldn't rely
on this for a long-term solution. Additional restrictions and circumstances in which AB 2449 can be used are
outlined below.
Top-Level Analysis of AB 2449 (Rubio)
General Requirements
1. A quorum of the council must participate in person at its public meeting site within the boundaries of
the jurisdiction (e.g., city hall/council chambers).
2. A member who wishes to participate remotely must have either just cause or emergency
circumstances:
Just cause is defined as:
• A childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or
domestic partner that requires the councilmember to participate remotely.
• A contagious illness that prevents a member from attending in person.
• A need related to a physical or mental disability not otherwise accommodated under the
'reasonable accommodation' provisions of the Americans with Disabilities Act.
• Travel while on official business of the legislative body or another state or loca l agency.
"Emergency circumstances" is defined as "a physical or family medical emergency that prevents a member
from attending in person."
Procedures and Limitations
Renne Public Policy Group I 1127 11th Street Suite 300 I Sacramento, California 95814 I www.publicpolicygroup.com
Nov. 8, 2022 Item #2 Page 11 of 12
A. When using the 'Just cause' exception:
1. The elected/ appointed official must provide a general description of the circumstances relating
to their need at the earliest opportunity possible, including at the start of the meeting.
2. A councilmember may not appear remotely due to "just cause" for more than two meetings per
calendar year.
B. When using the 'emergency circumstances' exception:
1. The elected/ appointed official must give a general description of the emergency circumstances,
but the member is not required to disclose any medical diagnosis, disability, or personal medical
information.
2. The governmental body must take action to approve the request prior to the remote participant
being able to participate in any further business.
C. In all circumstances the following must occur:
1. The elected/ appointed official must disclose at the meeting before any action is taken whether
any other individuals 18 years of age or older are present in the room at the remote location with
the member, and the general nature of the member's relationship with any such individuals.
2. The member must participate through both audio and visual technology (e.g., the member must
be on-screen).
D. Limited use despite narrow circumstances:
1. A member cannot attend meetings remotely for a period of more than three consecutive months
or 20 percent of the regular meetings for the local agency within a calendar year, or more than
two meetings if the legislative body regularly meets fewer than 10 times per calendar year.
Given that the Administration plan to lift the State of Emergency along with the overly restrictive provisions
outlined in AB 2449, we advise** that clients begin preparing operationally for fully transitioning back to in-
person public meetings beginning March 1, 2023.
For more information, please contact a member ofthe RPPG team.
** This analysis should not be construed as legal advice. Please consult your city attorney and/or outside
legal counsel for guidance.
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Renne Public Policy Group I 1127 11th Street Suite 300 I Sacramento, California 95814 I www.publicpolicygroup.com
Nov. 8, 2022 Item #2 Page 12 of 12
City of Carlsbad Legislative Subcommittee
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Sharon Gonsalves, Director of Government Affairs, Renne Public Policy
Group
November 8, 2022
Quick Snapshot: Legislative Calendar
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November 8, 2022 State General Election
December 5, 2022 Organizational Legislative Session and Special
Session convene
January 3, 2023 Start of The 2023-24 Legislative Session
February 17, 2023 Last day for bills to be introduced
2022 General Election
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2022 General Election: Statewide
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Governor
Lt. Governor
Attorney General
Insurance Commissioner
Secretary of State
Treasurer
Controller
Superintendent of Public
Instruction
2022 General Election: Assembly
All 80 Assembly seats are up
13 Competitive Seats
11 Dem vs. Dem races
3 Rep vs Rep Races
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2022 General Election: Senate
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20 Senate Seats are up for election or re-election in newly established districts.
8 Competitive Seats
5 Dem vs. Dem Races
0 Rep vs. Rep Race
Administration Actions
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Administrative Actions: Homelessness
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•Homelessness Housing, Assistance and Prevention program on hold until he meets with local leaders to discuss new strategies to address the state’s homelessness crisis.
•Governor froze $1 billion in state money the locals had intended to spend on people who are unhoused.
•The first two rounds of the grants provided $650 million and $300 million each to local jurisdictions to combat homelessness. However, counties and the 13 largest cities in the state were required to submit plans for the $1 billion third round of funding.
•The Governor announced he will convene a summit of local officials in mid-November to develop more ambitious action.
Looking Forward: Nov. 2022 –Early 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.
Meet with City staff regarding 2022 legislation
Plan advocacy strategy for next year: Reviewing and updating legislative platform
2023/2024 Legislative Session trends:
•Legislative turnover due to upcoming election.
•Staff turnover
•New legislative leadership in the Assembly
•New committee assignments
•Declining State Revenues
•Special session for proposed windfall profit tax
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Thank YouQuestions/Discussion
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