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HomeMy WebLinkAbout2023-01-10; City Council; ; 2023 Legislative Platform and Legislative Program UpdateCA Review CKM Meeting Date: Jan. 10, 2023 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Jason Haber, Intergovernmental Affairs Director jason.haber@carlsbadca.gov, 442-339-2958 Subject: 2023 Legislative Platform and Legislative Program Update Districts: All Recommended Actions Staff recommends the following actions: 1. Adopt a resolution approving the City of Carlsbad 2023 Legislative Platform 2. Direct staff to advocate for two city-sponsored state legislative proposals and for federal, state, and county funding for specified city projects 3. Receive reports on state and federal legislative and budget activity and recent and ongoing advocacy efforts and provide feedback to staff Executive Summary This item proposes amendments to the city’s legislative platform, as recommended by the City Council Legislative Subcommittee, for adoption by the City Council. The subcommittee’s recommendations – that the city sponsor two proposed pieces of state legislation, one dealing with protections against workplace harassment and one concerning electric bicycle rider safety training and licensing, and advocate for certain state and federal budget appropriations – are presented for the City Council’s consideration and direction to staff. This item also presents reports on state and federal legislative and budget activity and the city’s advocacy efforts. Explanation & Analysis City of Carlsbad 2023 Legislative Platform City Council Policy No. 39 - Intergovernmental Affairs Program established the guidelines of the city’s intergovernmental affairs program, which enables the city to efficiently and effectively address intergovernmental and legislative matters affecting the city. The policy called for the city to adopt a legislative platform expressing the city’s general legislative concerns. The City Council Legislative Subcommittee was established by the City Council in 2019. Its duties include conducting an annual review of the city’s legislative platform and recommending amendments to the City Council, as needed. As part of the annual review of the platform, the city’s legislative consultant, Renne Public Policy Group, and staff met with city departments to review the platform and brought changes to the subcommittee for consideration. The Jan. 10, 2023 Item #6 Page 1 of 94 subcommittee reviewed the staff-recommended changes and offered its own changes to the City of Carlsbad 2022 Legislative Platform. The changes have been incorporated into the proposed City of Carlsbad 2023 Legislative Platform (Exhibit 2), which the subcommittee recommends the City Council approve. State and federal budget requests Based upon input provided by staff and the city’s legislative consultants, the subcommittee identified the following city projects as having the greatest need and likelihood of receiving state, federal and/or county funding support: • Electric vehicle charging stations • Fire Station 7: site acquisition and design • La Posada de Guadalupe homeless shelter expansion • Maerkle Reservoir Solar Project • Monroe Street Pool Replacement Project • Lowering the railroad tracks in the Village • Safe Routes to School improvements: bicycle, vehicle & pedestrian safety • Utility undergrounding • Sea level rise adaptation and shoreline preservation • Stagecoach Park Community Garden Project For 2023, the subcommittee recommends that the City Council direct staff to engage Carlsbad’s state, federal and county representatives to determine which of the above projects they most support and then tailor the city’s requests to pursue the necessary budget allocations. Obtaining funding for these projects, which will span many years, will be dependent on not only the city’s priorities but also on state, federal and regional funding priorities and budget surpluses. State legislative proposals The subcommittee also recommended that the City Council direct staff to pursue two legislative proposals during the 2023-2024 legislative session. These laws would: • Allow employers to seek a restraining order on behalf of an employee who is suffering 3rd party harassment • Establish requirements for statewide electric bicycle rider safety training and licensing The needs addressed by the first proposal, the problems that exist under current law and a proposed legislative remedy are outlined in Exhibit 3. For the second, additional research is needed, including an in-depth review of existing legislation and engaging the city’s state representatives and stakeholder groups to further develop and determine the viability of advancing such legislation. Jan. 10, 2023 Item #6 Page 2 of 94 Renne Public Policy Group - state lobbyist and government relations services In January 2022, the City Manager executed a contract in the amount of $72,000 with Renne Public Law Group LLP, doing business as the Renne Public Policy Group, or RPPG, to provide 2022 state lobbyist and government relations services. Over the past year, RPPG has worked closely with city staff and the Legislative Subcommittee, providing detailed information, analysis and advocacy on state legislative and budget proposals of interest to the city. RPPG’s 2022 End of Year Report (Exhibit 5) provides an overview of the services provided to the City of Carlsbad during the 2022 legislative year, insights into the 2023 legislative session and a summary of state grant opportunities. The city is in the process of extending RPPG’s contract to continue providing services to the city in 2023. Carpi & Clay – federal lobbyist and government relations services In December 2022, the City Manager executed a $60,000 contract with Carpi & Clay, Inc. to provide 2023 federal lobbyist and government relations services. Carpi & Clay will track all federal activity on issues such as health and human services, land use, energy, water and natural resources, infrastructure, transportation, economic development, environment, criminal justice, climate change, and equity, among others. It will keep the city informed and advocate on the city’s behalf, as directed, on any legislation or potential legislation that could affect city operations and funding. The City Council will receive monthly written reports on federal monitoring and advocacy efforts (Exhibit 6), and Carpi & Clay will begin work with the City Council Legislative Subcommittee in 2023. Fiscal Analysis This item has no fiscal impact. Options Staff and the subcommittee recommended the City Council approve the proposed legislative platform, funding priorities and legislative proposals. The City Council could also choose to offer amendments to the proposal, provide additional input to direct staff to pursue other legislative priorities and initiatives or send the matter back to the subcommittee. Next Steps The adopted City of Carlsbad 2023 Legislative Platform will guide staff, the Legislative Subcommittee and the city’s state and federal legislative consultants in their efforts to address various intergovernmental and legislative matters that may impact the city. Upon City Council direction, staff, members of the subcommittee and the city’s legislative consultants will pursue the city’s priority state legislative proposals and budget requests. Environmental Evaluation This action does not require environmental review because it does not constitute a project within the meaning of the California Environmental Quality Act under California Public Resources Code Section 21065 in that it has no potential to cause either a direct physical change or a reasonably foreseeable indirect physical change in the environment. Jan. 10, 2023 Item #6 Page 3 of 94 Exhibits 1. City Council resolution 2. Proposed amendments to City of Carlsbad 2022 Legislative Platform (revisions highlighted) 3. Legislative proposal – Workplace Harassment Restraining Order 4. Renne Public Policy Group - 2022 End of Year Report 5. Carpi & Clay – Monthly Federal Update – January 3, 2023 Jan. 10, 2023 Item #6 Page 4 of 94 RESOLUTION NO. 2023-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE CITY OF CARLSBAD 2023 LEGISLATIVE PLATFORM WHEREAS, on April 19, 1994, the City Council issued City Council Policy No. 39 to establish the guidelines of the City's legislative program; and WHEREAS, City Council Policy No. 39 calls for the city to adopt a legislative platform expressing the city's general legislative concerns; and WHEREAS, on July 23, 2019, the City Council adopted Resolution No. 2019-137, authorizing the formation of a standing City Council Legislative Subcommittee; and WHEREAS, Resolution No. 2019-137 established the duties of the City Council Legislative Subcommittee to include conducting an annual review of the City of Carlsbad Legislative Platform and recommending amendments to the City Council; and WHEREAS, the City Council Legislative Subcommittee has reviewed the City of Carlsbad Legislative Platform and recommends adoption of the amended City of Carlsbad 2023 Legislative Platform presented in Attachment A. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.That the City Council approves the City of Carlsbad 2023 Legislative Platform as shown in Attachment A. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 10th day of January, 2023, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: Blackburn, Bhat-Patel, Acosta, Burkholder. None. None. None. KEITH BLA 'lZlt, ayor �SHERRY FREISINGER, City Clerk -, {SEAL) Exhibit 1 Jan. 10, 2023 Item #6 Page 5 of 94 Attachment A CITY OF CARLSBAD 2023 LEGISLATIVE PLATFORM The Legislative Platform provides a foundation for the City of Carlsbad’s Intergovernmental Affairs Program and enables the city to efficiently and effectively address intergovernmental and legislative matters affecting the city and its communities. The purpose of this Legislative Platform is to clearly express the city's position on, and provide a basis for prioritizing and acting upon, a broad range of intergovernmental and legislative matters that may impact the city's ability to operate effectively. The City Council has identified the Guiding Principles, Legislative Priorities and Position Statements comprising this Legislative Platform to guide the city’s advocacy efforts. The city’s legislative positions are organized under a framework modeled after the League of California Cities’ Summary of Existing Policy and Guiding Principles. The Legislative Platform will be reviewed annually by the City Council Legislative Subcommittee and amended as needed by the City Council. Contents • Guiding Principles • 2023 Legislative Priorities • 2023 Legislative Platform: Position Statements 1. Community Services Arts, Cultural Resources, Historic Preservation and Education Child Care Park Bond Funds Public Parks/Recreational Facilities Public Libraries Seniors Healthy Cities 2. Environmental Quality Climate Change California Environmental Quality Act (CEQA) Hazardous Materials Solid Waste, Recycling and Diversion Utilities Coastal Issues 3. Water General Principles Water Conservation Water Recycling Water Quality Water Storage & Conveyance Systems New Technology Financial Considerations 4. Governance, Transparency and Labor Relations Labor Relations Workers’ Compensation Governance and Ethics Elected Officials 5. Housing, Community and Economic Development Planning and Zoning Housing Subdivision Map Act Economic Development 6. Public Safety Fire Services Emergency Services and Preparedness Law Enforcement Drugs and Alcohol Homelessness Miscellaneous 7. Revenue and Taxation State Mandates 8. Transportation, Communication and Public Works Transportation Public Works Contracts Telecommunications Jan. 10, 2023 Item #6 Page 6 of 94 2 Guiding Principles I. Preserve Local Control - The city supports the broadest authority for our citizens and the City Council to make decisions and provide public services locally. As cities are voluntarily created by the residents of a community to provide local self-government and to make decisions at the local level to best meet the diverse needs of the community, the city opposes preemption of local control. II. Maintain Fiscal Responsibility — The city supports legislative and budget measures that protect and enhance its existing funding sources, revenue base and control over local government budgeting. The city opposes efforts to shift local funds to the county, state or federal governments, diminish its revenue base or impose new mandates that are unfunded or inadequately funded. III. Protect Quality of Life — The city supports state legislation and funding that preserve the safety, security, cultural resources and well-being of our residents, workers, businesses and visitors. The city opposes efforts that would negatively impact the infrastructure, public health and safety, community development, equitable community services, cultural integrity and environmental programs and other city efforts to maintain and enhance the quality of life in Carlsbad. 2023 Legislative Priorities The city’s advocacy efforts will focus primarily on advancing the strategic goals adopted by the City Council, including: 1. Community Character 2. Quality of Life & Safety 3. Sustainability & the Natural Environment 4. Economic Vitality 5. Organizational Excellence & Fiscal Health 2023 Legislative Platform: Position Statements 1. Community Services Arts, Cultural Resources, Historic Preservation and Education (a) Support funding and legislation that support local arts and culture, acknowledges the community’s history and current conditions and recognizes the need for preservation and education. Child Care (a) Support measures that reduce regulatory complexities and the burden of insurance costs for child care providers. Jan. 10, 2023 Item #6 Page 7 of 94 3 (b) Support funding for the construction, renovation and maintenance of child care facilities. (c) Support the provision of reasonable tax incentives for employers who offer child care services. (d) Support legislation that restores local control over child care services in areas such as licensure, staffing, education and training. Park Bond Funds (a) Support statewide park bond measures that include a component that provides per capita grants to cities and counties. (b) Oppose statewide park bond measures that tie local eligibility for grant funds to non-park related issues, such as rent control or housing element status. Public Parks/Recreational Facilities (a) Support increased and sustainable funding for community park facilities, open space, and recreation programs. (b) Support legislation that preserves the ability to implement integrated pest management practices, a science-based, decision-making process that combines biological, physical and chemical tools in a way that achieves pest control objectives while minimizing economic, health, and environmental risk. Public Libraries (a) Support increased and sustainable funding for local public libraries and the State Library. (b) Oppose Internet filtering laws that apply to publicly funded libraries. (c) Support legislation that preserves library patron privacy. (d) Support legislation that preserves net neutrality. Seniors (a) Support legislation that fosters independence of older Californians. (b) Support legislation that advances the objectives of the Age Friendly Carlsbad Action Plan, including increased and sustainable funding for senior transportation services, social and civic engagement programs and senior housing. Jan. 10, 2023 Item #6 Page 8 of 94 4 Healthy Cities (a) Support legislation that recognizes and prevents adverse impacts affecting public health and the welfare of all residents, visitors and workers, and especially the young. (b) Support initiatives that encourage cities to help parents make healthy family choices; create healthy schools; provide access to healthy and affordable foods; and adopt city design and planning principles that promote physical activity. (c) Support initiatives that encourage cities to involve youth, especially middle and high school students, with city health-related programs, including those promoting mental and psychological well-being. (d) Support initiatives that encourage cities to address the needs of an aging population through local and statewide planning, education and programming. (e) Support legislation that preserves the authority of local agencies to establish their own rules and regulations pertaining to community recreational activities. (f) Support funding for local communities attempting to address the needs of migrant workers. 2. Environmental Quality (a) Support legislation that complements the city’s Environmental and Sustainability Guiding Principles. (b) Support funding and legislation to improve and protect recreational water quality from contamination, support effective habitat management practices, and create and maintain public open space. (c) Support funding and legislation that facilitates and protects local control of habitat management planning, maintenance and administration. Climate Change (a) Support funding and legislation that promotes market penetration and infrastructure expansion for electric and alternative fuel vehicles. (b) Support funding and legislation that facilitates energy efficiency practices and actions to mitigate the sources of greenhouse gas emissions. Jan. 10, 2023 Item #6 Page 9 of 94 5 (c) Support legislation that reduces the amount of ozone depleting compounds discharged into the atmosphere. (d) Support funding and legislation that promotes the use and purchase of clean alternative energy through the development of renewable energy resources and waste-to-energy technologies. California Environmental Quality Act (CEQA) (a) Support legislation that either requires citizen initiatives to comply with CEQA before being placed on the ballot or exempting from this requirement a City Council initiated ballot measure dealing with the same subject matter on the same ballot. (b) Support legislation that streamlines federal and state environmental review processes and limits court reviews of environmental documentation. Hazardous Materials (a) Support efforts for the proper and cost-effective disposal of solid, hazardous and medical waste. (b) Oppose legislation that makes local municipalities financially responsible for the removal, abatement or mitigation of hazardous materials. (c) Support funding and legislation that addresses concerns regarding the safe handling and storage of nuclear waste generated at the decommissioned San Onofre Nuclear Generating Station, particularly as it relates to the vulnerability to damage from seismic activity, landslides, tsunamis and sea level rise. Solid Waste, Recycling and Diversion (a) Support legislation that preserves the ability of local governments to regulate solid waste and recyclable materials. (b) Support measures that promote procurement and market development of recyclable and recycled materials. (c) Support legislation that promotes source reduction, sustainability and re- use measures. (d) Oppose legislation regulating "flow control" of solid waste materials. (e) Support measures that promote the recycling and reclaiming of natural resources, including water, timber, oil, gas minerals and earth metals. Jan. 10, 2023 Item #6 Page 10 of 94 6 (f) Support measures that would make low-interest loans and grants available to local agencies for programs that encourage the recycling and reclaiming of resources. (g) Support measures that would reduce the use of single-use plastics and Styrofoam packaging and prevent these materials from entering the waste stream, including public education and community partnership initiatives. (h) Support legislation that facilitates development of local and regional recycling and composting facilities. Utilities (a) Support legislation that establishes regulatory and market mechanisms to maximize the state’s energy self-sufficiency and security. (b) Support legislation that establishes regulatory and market mechanisms that promote competition and reasonable, justifiable energy prices with programs to support low-income groups. (c) Support legislation that aggressively pursues refunds to consumers for rates that have been determined to be unjust or unreasonable. (d) Support legislation that expedites the development of needed infrastructure (e.g., generation, transmission, and distribution) to create robust and functional markets. (e) Support legislation that increases the diversity of the state’s and region’s energy resources, particularly increasing the use of higher-efficiency, clean distributed generation (e.g., combined heat and power) and renewable resources. (f) Support legislation that encourages and incentivizes the adoption of new and emerging technologies that provide real-time pricing to promote better price response by consumers. (g) Support legislation that promotes municipal renewable energy development. (h) Support legislation that preserves and protects net energy metering to continue incentivizing investments in rooftop solar energy systems. (i) Support legislation that provides funding to increase energy efficiency, improve reliability and reduce peak demand, including for demand-side management programs. Jan. 10, 2023 Item #6 Page 11 of 94 7 (j) Support legislation that provides funding for renewable energy generation and energy storage projects. (k) Support legislation that minimizes adverse environmental impacts of the state’s and the region’s energy use. (l) Support funding and legislation that promotes the development of alternative energy sources. (m) Support legislation that prohibits the California Energy Commission from issuing any license to operate a power plant unless and until it has received the report required by the California Coastal Commission under the Warren-Alquist Act. (n) Support legislation that protects competitive neutrality, procurement autonomy, ratepayer affordability, reliability, decarbonization and social equity initiatives of community choice aggregation. (o) Support legislation that establishes rules under which Public Safety Power Shutoff events can be undertaken. Coastal Issues (a) Support measures that provide funding for urban waterfront restoration and enhancement. (b) Support legislation that would promote and provide funding for the restoration, preservation and enhancement of beaches, beachfront property and bluffs, including local and regional sand replenishment efforts, as well as coastal access, public infrastructure and parking. (c) Support measures that would preserve and extend the authority of cities over land use regulations concerning the placement of onshore facilities which service offshore oil drilling. (d) Support legislation that requires the double hulling of oil tankers. (e) Support legislation that promotes aquatic research, education and aquaculture. (f) Oppose any new offshore oil and gas leasing, drilling and exploration in all State of California and U.S. waters in the Pacific Ocean. Jan. 10, 2023 Item #6 Page 12 of 94 8 (g) Support decommissioning of existing offshore oil drilling and pipeline infrastructure in all State of California and U.S. waters off the California coast. (h) Support legislation providing that if Coastal Commission staff has an opportunity to participate in local and or regional habitat management plans, there is a presumption of consistency with the Federal Coastal Management Act. (i) Support legislation to allow cities to issue all coastal development permits within their jurisdiction consistent with a previously certified coastal plan. (j) Support legislation that allocates state and federal funds for the construction of facilities to capture and treat the flow of raw sewage entering San Diego from Tijuana. (k) Support legislation that provides direction to the California Coastal Commission through changes to the Coastal Act that would allow for construction of seawalls or other shoreline protection devices for existing structures, as defined by a local jurisdiction’s Local Coastal Program and up to the date of adoption of amendments to the Local Coastal Program. (l) Oppose legislation that would backdate the consideration date of existing structures to only those that existed prior to establishment of the Coastal Act (January 1, 1977). 3. Water General Principles (a) Support measures that provide for the equitable allotment and distribution of preferential water rights. (b) Support legislation that protects and improves the reliability, affordability, self-sufficiency, quality and security of local and imported water supplies. (c) Support legislation that ensures the San Diego County Water Authority and its member agencies receive the water supply benefits of their investment in local water supply sources. (d) Support legislation that provides for the development of a comprehensive state water plan that balances California’ s water needs and results in a reliable and affordable supply of high-quality water for the San Diego Region. Jan. 10, 2023 Item #6 Page 13 of 94 9 (e) Support legislation that supports regional projects through Integrated Regional Water Management Planning. (f) Support legislation that streamlines environmental review processes for water and wastewater infrastructure projects and provides exemptions for emergency activities when the continued delivery of safe and clean water is threatened. Water Conservation (a) Support measures that will encourage water conservation practices by all water consumers. (b) Support measures that ensure conservation credit for municipal investments in water recycling systems and development of alternative sources. (c) Support legislation that promotes water conservation and water use efficiency while preserving district and public water rights and the authority of local agencies. (d) Support legislation that provides incentives, funding and other assistance to water agencies so that they can meet state water demand requirements. (e) Oppose legislation that imposes water use efficiency criteria for conservation-based water rates, standards, budget allocations, and programs that do not recognize local differences, quality impacts, and existing programs, or that override the authority of local agencies to adopt management practices that are appropriate for the needs of their agency. (f) Support legislation that provides flexibility in complying with drought regulations and recognizes variations among communities with respect to their ability to withstand the impacts of drought. Water Recycling (a) Support measures that promote the production and distribution of reclaimed water. Water Quality (a) Support legislation that protects the quality of drinking water and supports local agency efforts to meet state and federal water quality standards based upon sound scientific principles. Jan. 10, 2023 Item #6 Page 14 of 94 10 (b) Support legislation that incorporates sound scientific based water quality requirements for wastewater discharge into surface water and groundwater to safeguard public health and protect beneficial uses. (c) Support legislation that implements source control and protects reservoirs, lakes, and coastal waters. (d) Support legislation that enables local agencies to regulate the discharge of contaminants into the sewer collection system based on discharge permit requirements, detrimental effects on infrastructure, and adverse effects on recycling and reuse. (e) Support legislation that provides state and federal funds for monitoring, research and treatment of new and emerging contaminants. Water Storage and Conveyance Systems (a) Support a balanced water transportation and regional storage system that provides for the needs of San Diego County, while protecting the Delta and Central Valley regions with minimal impact on agriculture and the environment. (b) Support measures that increase water supply and storage facilities within the region and allow for economically feasible water transfers within the system. New Technology (a) Support legislation and regulations that encourage the use and development of alternative water sources. (b) Support funding and legislation that promotes the development of engineering solutions and alternative uses to eliminate wastewater treatment ocean discharges. (c) Support legislation that encourages and provides state and federal funding for the development of new technology in water use, reuse, quality monitoring, and treatment. Financial Considerations (a) Support legislation to develop an ongoing funding source to implement the federally mandated Clean Water Act of 1987 and to ensure protection of local resources. (b) Support legislation that would exempt stormwater and urban runoff management programs from Proposition 218 requirements. Jan. 10, 2023 Item #6 Page 15 of 94 11 (c) Support legislation that allows Water Districts to award contracts in conformity with the provisions of the local City Charter. (d) Support legislation that provides state and federal funds to local agencies for programs and projects that provide for the supply, storage, recycling, reclaiming, reuse and quality improvement of water resources. (e) Oppose any new tax or fee on water that does not benefit ratepayers. 4. Governance, Transparency, and Labor Relations Labor Relations (a) Support legislation that allows cities with civil service/personnel systems to contract out services to the private sector to save taxpayer dollars. (b) Support legislation that limits the ability of employees to receive workers' compensation benefits for occupational injuries/illnesses that result from stress, disciplinary action, or performance evaluations or consultations. (c) Support any measure that would reverse the imposition of compulsory and binding arbitration with respect to public employees. (d) Oppose any measure that would grant employee benefits that should be decided at the local bargaining table. (e) Oppose any legislation that would reduce local authority to resolve public employee disputes, and support legislation that would preserve court jurisdiction, and/or impose regulations of an outside agency (such as PERB). (f) Oppose measures that propose a standard higher than the normal civil standards in disciplinary proceedings for peace officers. (g) Support legislation that clarifies existing labor laws concerning whether an individual is considered an employee rather than an independent contractor. (h) Support measures that promote recruitment efforts and educational practices to advance and retain workplace diversity, equity and inclusion. (i) Oppose measures that would expand release time for union business. (j) Oppose measures that would establish confidentiality privileges for union representatives. Jan. 10, 2023 Item #6 Page 16 of 94 12 (k) Oppose measures that would require municipalities to pay erroneous retirement benefits. (l) Support funding and legislation that helps cities provide employee support programs, increased personal protective equipment (PPE) and other programs that promote employee overall wellness—particularly for underrepresented and frontline essential workers. (m) Support funding and legislation that would enhance efforts to prevent third-party harassment and workplace violence. Workers’ Compensation (a) Oppose legislation that expands or extends any presumptions of occupational injury or illness and support legislation that repeals the presumption that the findings of a treating physician are correct. (b) Oppose legislation that increases workers' compensation benefits without providing for concurrent cost controls. Governance and Ethics (a) Oppose legislation or constitutional amendments that weaken or interfere with the powers of charter cities and diminish local autonomy or home rule authority. (b) Support legislation that reduces and provides for recovery of costs, maintains privacy and eliminates attorney's fees for administering public records laws. (c) Support legislation that improves access to, and reduces the cost of, healthcare for public employees, including part-time and seasonal workers. (d) Support measures that reform California's tort system to reduce and limit liability exposure for public agencies and restore the ability of public agencies to obtain affordable insurance. (e) Support legislation that recognizes or broadens immunities for public agencies and oppose legislation that attempts to limit or restrict existing immunities. (f) Support legislation that requires plaintiffs to make a good faith showing of liability prior to filing a lawsuit against a public entity. Jan. 10, 2023 Item #6 Page 17 of 94 13 (g) Support legislation that would increase civic participation and engagement, including the continued allowance of subcommittees, advisory committees, and boards and commissions to participate virtually (post COVID-19 state of emergency) without physical location posting requirements under the Ralph M. Brown Act. (h) Support legislation that would permit a minority number of council members to virtually participate in meetings without having physical location posting requirements, so long as a physical in-person meeting quorum is present. (i) Support state funding efforts to assist with enhanced public access for members of the community. (j) Oppose legislation that increases the cost of municipal meetings and hearings through unnecessary new requirements. Elected Officials (a) Support legislation that prevents threats to the security of public officials in their homes by extending or providing protection to elected and appointed officials from the unauthorized publication of their home addresses or telephone numbers in newspapers or similar periodicals. (b) Support legislation requiring both elected local and state officials to maintain their place of residence in the jurisdiction they were elected to represent. 5. Housing, Community and Economic Development Planning and Zoning (a) Support legislation to strengthen the legal and fiscal capability of local agencies to prepare, adopt and implement fiscal plans for orderly growth, development, beautification and conservation of local planning areas, including, but not limited to, regulatory authority over zoning, subdivisions, annexations, and redevelopment areas. (b) Support measures in local land use that are consistent with the doctrine of "home rule" and the local exercise of police powers in planning and zoning processes. (c) Support measures that authorize local land use planning and zoning law to override conflicting state law. Jan. 10, 2023 Item #6 Page 18 of 94 14 (d) Support measures that ensure local land use planning or zoning initiatives approved by voters shall not be nullified or superseded by the actions of any local or state legislative body. (e) Support legislation requiring environmental review of initiatives to amend a general plan or zoning ordinance before the initiative is placed on the ballot or enacted. (f) Oppose legislation or constitutional amendments that would restrict the power of California cities to use eminent domain for public purpose projects. (g) Support measures that allow local agencies to condition mobile home park conversions from rental to resident ownership pursuant to local land use regulations including a requirement to provide public improvements and infrastructure where necessary to promote the health, safety, and welfare of park residents. (h) Support legislation that preserves the authority of local agencies to regulate short-term vacation rentals. (i) Support legislation that enables local agencies to effectively address issues concerning public safety and proper management of group homes, including proposals to require the presence of on-site managers and/or security personnel at all times, while being mindful of group home residents’ potential vulnerabilities. (j) Oppose legislation that would diminish local control to set and assess development review and building inspection fees. Housing (a) Support efforts to develop federal and state participation, financial support and incentives (tax benefits, grants, loans) for programs which provide adequate, affordable housing (home ownership and/or rental opportunities) for all economic segments of the community including the elderly, persons with disabilities, and low-income persons. (b) Support expansion of tax credit and bond opportunities for affordable housing. (c) Support legislation that provides incentives (tax benefits, grants, loans, credits for affordable units) to local agencies, private developers and non-profit groups in order to rehabilitate residential units and commercial properties. Jan. 10, 2023 Item #6 Page 19 of 94 15 (d) Support legislation that would provide additional funding for rental subsidy assistance programs (such as the Housing Choice Voucher Program, the federally funded rental subsidy program for low-income households) via more sustainable vouchers or certificates. (e) Support repeal of Article 34 (Public Housing Project Law) of the California Constitution, which requires local voter approval of housing projects that are intended for low-income people and that receive funding or assistance from the federal and/or state government. (f) Support legislation that allows entitlement cities to use Community Development Block Grant (CDBG) funds for new construction of housing units. (g) Support state legislation that strengthens local inclusionary housing programs for lower-income residents. (h) Support the repeal or modification of the Davis-Bacon Wage Act, as it relates to charter cities, that set a prevailing wage scale for public projects, substantially increasing the cost of publicly assisted housing developments. (i) Support legislation that will consolidate and streamline the administration and reporting requirements for the CDBG program. (j) Oppose legislation that would give the State financial administrative responsibilities for the CDBG program. (k) Support legislation that requires availability of adequate school facilities contemporaneously with occupancy of housing. (l) Support measures that would establish a formula-based Regional Housing Needs Assessment allocation methodology that reflects the unique needs and practical capacity of local communities. (m) Oppose measures that diminish local authority to implement growth management initiatives that ensure communities do not exceed carrying capacities and the provision of adequate public facilities. (n) Support measures that would exempt affordable housing projects from complying with the California Environmental Quality Act while continuing to mitigate residents’ potential exposure to health and safety hazards. Jan. 10, 2023 Item #6 Page 20 of 94 16 (o) Oppose legislation that would expand the Coastal Commission’s authority over state and local housing policy, which would result in administrative inefficiencies and policy conflicts. (p) Support legislation that modifies existing housing laws to remove inconsistencies and improve clarity in application. (q) Support housing legislation that would allow density increases to satisfy the state’s “no net loss” requirements, when the increases occur concurrent with or prior to a density reduction. (r) Support legislation that more equitably applies rent control laws to various types of rental housing, such as condominiums. (s) Support legislation that prohibits property owners who are awarded tax credit financed projects from charging Section 8 Housing Choice Voucher clients a higher rent than the rent charged to non-Section 8 Housing Choice Voucher clients. Subdivision Map Act (a) Support legislation that would automatically extend approved or conditionally approved tentative, final and parcel maps under the Subdivision Map Act during and for a limited time period after a statewide financial or public health crisis, or other declared State of Emergency. Economic Development (a) Support legislation that facilitates economic development efforts and encourages local business investments, job creation and retention. (b) Support legislation that would establish new tax increment financing tools. (c) Support legislation that helps businesses who have had business interruption insurance claims denied, or otherwise incur unrecoverable revenue losses resulting from a financial or public health crisis, or other declared State of Emergency. (d) Support legislation that protects small businesses from extraordinary health insurance premium increases being applied during and for a limited time period after a financial or public health crisis, or other declared State of Emergency. Jan. 10, 2023 Item #6 Page 21 of 94 17 (e) Support legislation that would remove impediments to the automatic extension of local permits during and for a limited time period after a financial or public health crisis, or other declared State of Emergency. (f) Support legislation that provides eviction protections and funding for rental assistance programs for residential and commercial tenants and property owners impacted by a financial or public health crisis, or other declared State of Emergency. 6. Public Safety Fire Services (a) Oppose legislation that would restrict or reduce the ability of local government to determine the extent or method of fire hazard mitigation necessary in or around wildland areas. (b) Oppose legislation that would diminish local control to set and assess fire inspection fees. (c) Support legislation that preserves local agencies’ ministerial development review and approval rights, including applicability to accessory dwelling units. (d) Oppose legislation that circumvents building or fire code requirements by statute, including through the provision of a “deemed complete” or “deemed approved" status when local agencies exceed maximum application review timelines. (e) Support legislation that would enhance statewide wildland fire safety infrastructure. Emergency Services and Preparedness (a) Support legislation granting immunity to or limiting liability of governmental entities and their employees who provide emergency medical instructions and/or treatment as a part of their public safety dispatch system. (b) Oppose legislation that would restrict a local government from revising the delivery of emergency medical service to its citizens and support measures that broaden these powers. (c) Support legislation that would enhance cost recovery or provide funding for emergency medical services and pre-hospital care. Jan. 10, 2023 Item #6 Page 22 of 94 18 (d) Support legislation that would strengthen awareness of and access to resources concerning community and disaster preparedness, public health, safety, and resiliency. (e) Support legislation that provides state and federal emergency funding and regulatory relief that allows cities to devote the necessary resources and meet the operational challenges of protecting the public health, safety and welfare in response to a declared State of Emergency. (f) Support legislation that clarifies the requirements for operating city- owned ocean rescue watercraft. Law Enforcement (a) Support legislation that strengthens a diverse local law enforcement. (b) Support measures that would provide a greater share of seized assets to localities and increased discretion for local spending. (c) Support legislation that would allow for the destruction, confiscation, or extended safekeeping of firearms or other deadly weapons involved in domestic violence incidents. (d) Support legislation that strengthens penalties for violent offenders, including sentencing enhancements for violently resisting or brandishing a weapon during the commission of a property-related crime. (e) Support legislation that strengthens penalties for individuals who commit violent crimes as juveniles. (f) Support legislation that would increase accountability and transparency among law enforcement agencies and personnel. (g) Support legislation that encourages or mandates police training to include mental health awareness, implicit and explicit bias and de- escalation techniques. (h) Support legislation and funding to continue the state Citizens’ Option for Public Safety (COPS) Program and federal Community Oriented Police Services (COPS), and to provide funding for local agencies to recoup the costs of crime and increase community safety. (i) Support legislation that strengthens penalties for participating in any coordinated effort to disrupt the use of public roads and publicly accessible parking lots. Jan. 10, 2023 Item #6 Page 23 of 94 19 Drugs and Alcohol (a) Support measures which strengthen present state or federal laws to increase penalties and give local governments the power to restrict or regulate the sale, manufacture, or use of dangerous drugs. (b) Support legislation that discourages, prevents, and penalizes driving under the influence of drugs or alcohol. (c) Support legislation that enhanced local agencies ability to recover costs from guilty parties for damage to public property and services in accidents involving driving under the influence of drugs and/or alcohol. (d) Support legislation that would provide funding for addiction rehabilitation treatment. (e) Support any measure that protects children and youth from exposure to tobacco, second hand smoke and tobacco- and nicotine-related products. (f) Support legislation that preserves local control over medical and adult- use cannabis businesses, and enhances and protects maximum local regulatory, land use, and enforcement authority in relation to such businesses. Homelessness (a) Support funding and legislation that provides resources, including enriched referral services, and outreach and case managers to help ensure local governments have the capacity to address the needs of persons experiencing homelessness in their communities, including resources for regional collaborations. (b) Support measures that provide resources to address the mental health needs of persons experiencing homelessness. (c) Preserve local control by increasing funding opportunities for housing programs/projects that suggest, rather than require, compliance with the Housing First model. (d) Support legislation that creates streamlined protocols and metrics to be used by homeless service providers and local agencies, providing more accurate statistics of individuals experiencing homelessness, including in-flow and out- flow information, cost-reporting of services rendered, and individuals successfully housed. Jan. 10, 2023 Item #6 Page 24 of 94 20 (e) Support measures that facilitate regional and city-driven solutions to address homelessness through crisis response, mental evaluation, and homeless outreach teams. (f) Support the expansion of conservatorship laws allowing for increased guardianship control and health supervision of those suffering from mental illness and recognizing mental illness and addiction as contributors to chronic homelessness. Miscellaneous (a) Support legislation that would assist local safety agencies in regionalization of activities such as training, crime labs, specialty responses such as hazardous materials and technical rescue, and other appropriate functions. (b) Support legislation that provides financial assistance to local agencies for Homeland Security. (c) Support the enactment of legislation to prevent gun violence. (d) Support measures to expand and fund mental health and social- emotional health services, including the provision of such services and safety education in schools. (e) Support measures to provide resources to develop school safety guidelines, conduct comprehensive school safety audits and maintain continued vigilance and monitoring of safety matters in schools. (f) Support legislation to eliminate restrictions on the collection and compiling of data related to violence perpetrated with firearms, including research into the causes and consequences of gun violence. (g) Support measures to provide funding to support 911 communication centers. (h) Support measures to provide funding to support the San Diego Law Enforcement Coordination Center, a collaborative partnership among federal, state and local law enforcement/public safety agencies focused on enhancing coordination, information sharing, regional preparedness, training and investigative support/analysis for first responders and other public and private partners in the region. (i) Support legislation that provides financial assistance to local law enforcement agencies for staff assigned to a regional task force. Jan. 10, 2023 Item #6 Page 25 of 94 21 7. Revenue and Taxation (a) Support legislation that assists cities to enforce and collect local taxes. (b) Support measures that protect the fiscal independence of cities and safeguard existing revenue sources from preemption by any other public agency (c) Oppose any change in revenue allocations which would negatively (current or future) affect local government, including the redistribution of sales tax, property tax, transient occupancy tax and other taxes and fees. (d) Support legislation that makes funds to support public facilities (i.e., buildings, roads, utilities, open space) more available to local municipalities. (e) Oppose legislation that attempts to eliminate the “pay first and litigate later” provisions of law and oppose any bill that proposes to reduce or eliminate the obligation of any online travel agency to pay transient occupancy taxes under state or local law. (f) Support measures which would strengthen cities' ability to reorganize and consolidate water districts, sewer districts, school districts, and other special districts that operate within or provide service to a city. (g) Oppose federal measures which remove the deduction of all state and local taxes for federal income tax purposes. (h) Support measures that implement basic structural changes in state government that result in state budget expenditures being brought into balance with state revenues. (i) Support measures which relieve taxpayers of the burden of paying for services which could be charged directly to the service user, and which simplify the process of establishing such fees. (j) Support legislation that would provide greater accountability on the part of counties for the distribution of funds back to municipalities, including, but not limited to, fines and forfeitures. (k) Support measures to reinstate flexibility in the administration of Article XIII-B (The Gann Initiative), which establishes an annual appropriations limit on the state and most local governments. Jan. 10, 2023 Item #6 Page 26 of 94 22 (l) Oppose any measure that restricts or limits a public entity’s ability to use tax exempt debt for the purchase or construction of public purpose improvements. (m) Oppose legislation that shifts state and county criminal justice costs to cities. (n) Oppose the use of the federal gas tax for federal debt reduction. (o) Support legislation that streamlines permitting processes without undermining the ability of local government to apply and be compensated for the enforcement of reasonable building, planning and fire protection standards. (p) Oppose measures that propose significant economic changes without the completion of a balanced, comprehensive economic analysis. (q) Support funding and legislation that provides direct financial support to cities to offset cost increases and lost revenues resulting from a financial or public health crisis, or other declared State of Emergency. (r) Support legislation that promotes regional collaboration on response efforts addressing the impacts of a financial or public health crisis, or other declared State of Emergency, including funding to support local businesses. (s) Support legislation that provides flexibility concerning the disposition of municipally owned real estate assets to promote economic development and other public purposes. State Mandates (a) Support legislation that would eliminate unfunded state and federal mandates or would require timely reimbursement to cities. (b) Oppose measures that would impose mandates for which there is no guarantee of local reimbursement or offsetting benefits, or would shift the cost of government services to cities. (c) Oppose legislation that creates surcharges for state oversight of state mandated programs. Jan. 10, 2023 Item #6 Page 27 of 94 23 8. Transportation, Communication and Public Works Transportation (a) Support measures that would increase the ability of local agencies to finance local and regional transportation facilities and improvements, including alternative modes of transportation and transportation demand management systems and transportation systems management initiatives. (b) Support legislation that provides for safe, effective and efficient transportation alternatives for all travel modes. (c) Support funding and legislation that provides direct support to cities to advance roadway safety through education, engineering and enforcement. (c) Oppose transportation proposals that would adversely affect the quality of life in North San Diego County by causing traffic congestion, air pollution or other problems. (d) Encourage and support double tracking of the rail corridor within the City limits in a manner that: 1. Improves public safety access and response times. 2. Eliminates or reduces existing at-grade rail crossings within the rail corridor. 3. Improves local, regional, and coastal access for all travel modes (bicycle, pedestrian, vehicle, transit). 4. Minimizes impacts to neighborhoods. 5. Maximizes community and neighborhood connections. 6. Protects and/or improves the economic vibrancy of surrounding neighborhoods and the city. 7. Protects and/or enhances environmental resources. (e) Oppose legislation that diminishes local control over the regulation and deployment of micro-mobility solutions. (f) Oppose measures that would result in the consolidation of the North County Transit District and Metropolitan Transit System. (g) Support measures that protect residents, businesses and visitors from the adverse impacts of aircraft operating at McClellan-Palomar Airport. Jan. 10, 2023 Item #6 Page 28 of 94 24 (h) Oppose changes in aviation policies that would allow McClellan-Palomar Airport to expand without authorization from the city. (i) Support legislative and regulatory initiatives to study and mitigate the noise and air quality impacts associated with air traffic overflights. (j) Support measures that would increase local control over airports located within municipal boundaries. Public Works (a) Oppose legislation that would erode or purport to erode a charter city’s ability to design, implement, determine wage rates or fund any and all public works projects within its jurisdiction. (b) Support funding and legislation that supports utilities undergrounding. Contracts (a) Support legislation prohibiting firms from bidding on City projects if the firm is currently involved in legal proceedings against the City arising from prior projects. (b) Oppose measures that would eliminate state licensing requirements for professionals involved in designing public and private developments. (c) Support measures that would clarify the roles and responsibilities of public agency officers and employees as related to the prohibition on entering into or participating in making contracts in which they have a financial interest. Telecommunications (a) Support legislation and regulations of telecommunications facilities and services that: 1. Maintain local control over the public right-of-way. 2. Provide just compensation for the use of right-of-way and overseeing public service standards. 3. Ensure public, education, and governmental access is available, equitable and affordable. 4. Provide free access for public information services and announcements. 5. Maintain local control, including but not limited to discretionary permits over wireless communications facilities. 6. Reinstates competition in the telecommunications industry. 7. Enhance access for all community members to fast, reliable, affordable and high-quality internet, which can spur innovation and help close the digital divide in California. Jan. 10, 2023 Item #6 Page 29 of 94 25 8. Support net neutrality to prevent internet service providers from blocking, throttling, degrading, or providing for paid prioritization of lawful content, applications, or services. (b) Support legislation that requires cable television companies to assure that audio and video portions of adult entertainment channels are completely blocked 24 hours a day in the homes of non-subscribers. (c) Oppose any measure or legislation that prevents local franchising of cable television or video services, regardless of the technology used to deliver the cable television or video services to the subscriber. Jan. 10, 2023 Item #6 Page 30 of 94 Exhibit 2 Proposed revisions to 2022 Legislative Platform CITY OF CARLSBAD 20232 LEGISLATIVE PLATFORM The Legislative Platform provides a foundation for the City of Carlsbad’s Intergovernmental Affairs Program and enables the city to efficiently and effectively address intergovernmental and legislative matters affecting the city and its communities. The purpose of this Legislative Platform is to clearly express the city's position on, and provide a basis for prioritizing and acting upon, a broad range of intergovernmental and legislative matters that may impact the city's ability to operate effectively. The City Council has identified the Guiding Principles, Legislative Priorities and Position Statements comprising this Legislative Platform to guide the city’s advocacy efforts. The city’s legislative positions are organized under a framework modeled after the League of California Cities’ Summary of Existing Policy and Guiding Principles. The Legislative Platform will be reviewed annually by the City Council Legislative Subcommittee and amended as needed by the City Council. Contents • Guiding Principles • 20232 Legislative Priorities • 20232 Legislative Platform: Position Statements 1. Community Services Arts, Cultural Resources, Historic Preservation and Education Child Care Park Bond Funds Public Parks/Recreational Facilities Public Libraries Seniors Healthy Cities 2. Environmental Quality Climate Change California Environmental Quality Act (CEQA) Hazardous Materials Solid Waste, Recycling and Diversion Utilities Coastal Issues 3. Water General Principles Water Conservation Water Recycling Water Quality Water Storage & Conveyance Systems New Technology Financial Considerations 4. Governance, Transparency and Labor Relations Labor Relations Workers’ Compensation Governance and Ethics Elected Officials 5. Housing, Community and Economic Development Planning and Zoning Housing Subdivision Map Act Economic Development 6. Public Safety Fire Services Emergency Services and Preparedness Law Enforcement Drugs and Alcohol Homelessness Miscellaneous 7. Revenue and Taxation State Mandates 8. Transportation, Communication and Public Works Transportation Public Works Contracts Telecommunications Jan. 10, 2023 Item #6 Page 31 of 94 2 Guiding Principles I. Preserve Local Control - The city supports the broadest authority for our citizens and the City Council to make decisions and provide public services locally. As cities are voluntarily created by the residents of a community to provide local self-government and to make decisions at the local level to best meet the diverse needs of the community, the city opposes preemption of local control. II. Maintain Fiscal Responsibility — The city supports legislative and budget measures that protect and enhance its existing funding sources, revenue base and control over local government budgeting. The city opposes efforts to shift local funds to the county, state or federal governments, diminish its revenue base or impose new mandates that are unfunded or inadequately funded. III. Protect Quality of Life — The city supports state legislation and funding that preserve the safety, security, cultural resources and well-being of our residents, workers, businesses and visitors. The city opposes efforts that would negatively impact the infrastructure, public health and safety, community development, equitable community services, cultural integrity and environmental programs and other city efforts to maintain and enhance the quality of life in Carlsbad. 20232 Legislative Priorities The city’s advocacy efforts will focus primarily on advancing the strategic goals adopted by the City Council, including: 1. COVID-19 Pandemic - Economic Relief and Recovery 2. Economic Revitalization 3. Housing and Homelessness 4. Mobility 5. Public Health and Safety 6. Sustainability 1. Community Character 2. Quality of Life & Safety 3. Sustainability & the Natural Environment 4. Economic Vitality 5. Organizational Excellence & Fiscal Health 20232 Legislative Platform: Position Statements 1. Community Services Arts, Cultural Resources, Historic Preservation and Education Jan. 10, 2023 Item #6 Page 32 of 94 3 (a) Support funding and legislation that support local arts and culture, acknowledges the community’s history and current conditions and recognizes the need for preservation and education. Child Care (a) Support measures that reduce regulatory complexities and the burden of insurance costs for child care providers. (b) Support funding for the construction, renovation and maintenance of child care facilities. (c) Support the provision of reasonable tax incentives for employers who offer child care services. (d) Support legislation that restores local control over child care services in areas such as licensure, staffing, education and training. Park Bond Funds (a) Support statewide park bond measures that include a component that provides per capita grants to cities and counties. (b) Oppose statewide park bond measures that tie local eligibility for grant funds to non-park related issues, such as rent control or housing element status. Public Parks/Recreational Facilities (a) Support increased and sustainable funding for community park facilities, open space, and recreation programs. (b) Support legislation that preserves the ability to implement integrated pest management practices, a science-based, decision-making process that combines biological, physical and chemical tools in a way that achieves pest control objectives while minimizing economic, health, and environmental risk. (c) Support legislation requiring public pools to provide Automated External Defibrillators (AEDs) during pool operations. (d) Support legislation that allows lifeguards certified by the United States Lifesaving Association to perform lifeguard services at public pools. Public Libraries (a) Support increased and sustainable funding for local public libraries and the State Library. (b) Oppose Internet filtering laws that apply to publicly funded libraries. Jan. 10, 2023 Item #6 Page 33 of 94 4 (c) Support legislation that preserves library patron privacy. (d) Support legislation that preserves net neutrality. Seniors (a) Support legislation that fosters independence of older Californians. (a)(b) Support legislation that advances the objectives of the Age Friendly Carlsbad Action Plan, including increased and sustainable funding for senior transportation services, social and civic engagement programs and senior housing. Healthy Cities (a) Support legislation that recognizes and prevents adverse impacts affecting public health and the welfare of all residents, visitors and workers, and especially the young. (b) Support initiatives that encourage cities to help parents make healthy family choices; create healthy schools; provide access to healthy and affordable foods; and adopt city design and planning principles that promote physical activity. (c) Support initiatives that encourage cities to involve youth, especially middle and high school students, with city health-related programs, including those promoting mental and psychological well-being. (d) Support initiatives that encourage cities to address the needs of an aging population through local and statewide planning, education and programming. (e) Support legislation that preserves the authority of local agencies to establish their own rules and regulations pertaining to community recreational activities. (f) Support funding for local communities attempting to address the needs of migrant workers. 2. Environmental Quality (a) Support legislation that complements the city’s Environmental and Sustainability Guiding Principles. Jan. 10, 2023 Item #6 Page 34 of 94 5 (b) Support funding and legislation to improve and protect recreational water quality from contamination, support effective habitat management practices, and create and maintain public open space. (c) Support funding and legislation that facilitates and protects local control of habitat management planning, maintenance and administration. Climate Change (a) Support funding and legislation that promotes market penetration and infrastructure expansion for electric and alternative fuel vehicles. (b) Support funding and legislation that facilitates energy efficiency practices and actions to mitigate the sources of greenhouse gas emissions. (c) Support legislation that reduces the amount of ozone depleting compounds discharged into the atmosphere. (d) Support funding and legislation that promotes the use and purchase of clean alternative energy through the development of renewable energy resources and waste-to-energy technologies. California Environmental Quality Act (CEQA) (a) Support legislation that either requires citizen initiatives to comply with CEQA before being placed on the ballot or exempting from this requirement a City Council initiated ballot measure dealing with the same subject matter on the same ballot. (b) Support legislation that streamlines federal and state environmental review processes and limits court reviews of environmental documentation. Hazardous Materials (a) Support efforts for the proper and cost-effective disposal of solid, hazardous and medical waste. (b) Oppose legislation that makes local municipalities financially responsible for the removal, abatement or mitigation of hazardous materials. (c) Support funding and legislation that addresses concerns regarding the safe handling and storage of nuclear waste generated at the decommissioned San Onofre Nuclear Generating Station, particularly as it relates to the vulnerability to damage from seismic activity, landslides, tsunamis and sea level rise. Solid Waste, Recycling and Diversion Jan. 10, 2023 Item #6 Page 35 of 94 6 (a) Support legislation that preserves the ability of local governments to regulate solid waste and recyclable materials. (b) Support measures that promote procurement and market development of recyclable and recycled materials. (c) Support legislation that promotes source reduction, sustainability and re- use measures. (d) Oppose legislation regulating "flow control" of solid waste materials. (e) Support measures that promote the recycling and reclaiming of natural resources, including water, timber, oil, gas minerals and earth metals. (f) Support measures that would make low-interest loans and grants available to local agencies for programs that encourage the recycling and reclaiming of resources. (g) Support measures that would reduce the use of single-use plastics and Styrofoam packaging and prevent these materials from entering the waste stream, including public education and community partnership initiatives. (h) Support legislation that facilitates development of local and regional recycling and composting facilities. Utilities (a) Support legislation that establishes regulatory and market mechanisms to maximize the state’s energy self-sufficiency and security. (b) Support legislation that establishes regulatory and market mechanisms that promote competition and reasonable, justifiable energy prices with programs to support low-income groups. (c) Support legislation that aggressively pursues refunds to consumers for rates that have been determined to be unjust or unreasonable. (d) Support legislation that expedites the development of needed infrastructure (e.g., generation, transmission, and distribution) to create robust and functional markets. (e) Support legislation that increases the diversity of the state’s and region’s energy resources, particularly increasing the use of higher-efficiency, clean distributed generation (e.g., combined heat and power) and renewable resources. Jan. 10, 2023 Item #6 Page 36 of 94 7 (f) Support legislation that encourages and incentivizes the adoption of new and emerging technologies that provide real-time pricing to promote better price response by consumers. (g) Support legislation that promotes municipal renewable energy development. (h) Support legislation that preserves and protects net energy metering to continue incentivizing investments in rooftop solar energy systems. (i) Support legislation that provides funding to increase energy efficiency, improve reliability and reduce peak demand, including for renewable energy generation and storage projects and demand-side management programs. (j) Support legislation that provides funding for renewable energy generation and energy storage projects. (kj) Support legislation that minimizes adverse environmental impacts of the state’s and the region’s energy use. (lk) Support funding and legislation that promotes the development of alternative energy sources. (ml) Support legislation that prohibits the California Energy Commission from issuing any license to operate a power plant unless and until it has received the report required by the California Coastal Commission under the Warren-Alquist Act. (nm) Support legislation that protects competitive neutrality, procurement autonomy, ratepayer affordability, reliability, decarbonization and social equity initiatives of community choice aggregation. (on) Support legislation that establishes rules under which Public Safety Power Shutoff events can be undertaken. Coastal Issues (a) Support measures that provide funding for urban waterfront restoration and enhancement. (b) Support legislation that would promote and provide funding for the restoration, preservation and enhancement of beaches, beachfront property and bluffs, including local and regional sand replenishment efforts, as well as coastal access, public infrastructure and parking. Jan. 10, 2023 Item #6 Page 37 of 94 8 (c) Support measures that would preserve and extend the authority of cities over land use regulations concerning the placement of onshore facilities which service offshore oil drilling. (d) Support legislation that requires the double hulling of oil tankers. (e) Support legislation that promotes aquatic research, education and aquaculture. (f) Oppose any new offshore oil and gas leasing, drilling and exploration in all State of California and U.S. waters in the Pacific Ocean. (g) Support decommissioning of existing offshore oil drilling and pipeline infrastructure in all State of California and U.S. waters off the California coast. (h) Support legislation providing that if Coastal Commission staff has an opportunity to participate in local and or regional habitat management plans, there is a presumption of consistency with the Federal Coastal Management Act. (i) Support legislation to allow cities to issue all coastal development permits within their jurisdiction consistent with a previously certified coastal plan. (j) Support legislation that allocates state and federal funds for the construction of facilities to capture and treat the flow of raw sewage entering San Diego from Tijuana. (k) Support legislation that provides direction to the California Coastal Commission through changes to the Coastal Act that would allow for construction of seawalls or other shoreline protection devices for existing structures, as defined by a local jurisdiction’s Local Coastal Program and up to the date of adoption of amendments to the Local Coastal Program. (l) Oppose legislation that would backdate the consideration date of existing structures to only those that existed prior to establishment of the Coastal Act (January 1, 1977). 3. Water General Principles (a) Support measures that provide for the equitable allotment and distribution of preferential water rights. Jan. 10, 2023 Item #6 Page 38 of 94 9 (b) Support legislation that protects and improves the reliability, affordability, self-sufficiency, quality and security of local and imported water supplies. (c) Support legislation that ensures the San Diego County Water Authority and its member agencies receive the water supply benefits of their investment in local water supply sources. (d) Support legislation that provides for the development of a comprehensive state water plan that balances California’ s water needs and results in a reliable and affordable supply of high-quality water for the San Diego Region. (e) Support legislation that supports regional projects through Integrated Regional Water Management Planning. (f) Support legislation that streamlines environmental review processes for water and wastewater infrastructure projects and provides exemptions for emergency activities when the continued delivery of safe and clean water is threatened. Water Conservation (a) Support measures that will encourage water conservation practices by all water consumers. (b) Support measures that ensure conservation credit for municipal investments in water recycling systems and development of alternative sources. (c) Support legislation that promotes water conservation and water use efficiency while preserving district and public water rights and the authority of local agencies. (d) Support legislation that provides incentives, funding and other assistance to water agencies so that they can meet state water demand requirements. (e) Oppose legislation that imposes water use efficiency criteria for conservation-based water rates, standards, budget allocations, and programs that do not recognize local differences, quality impacts, and existing programs, or that override the authority of local agencies to adopt management practices that are appropriate for the needs of their agency. Jan. 10, 2023 Item #6 Page 39 of 94 10 (f) Support legislation that provides flexibility in complying with drought regulations and recognizes variations among communities with respect to their ability to withstand the impacts of drought. Water Recycling (a) Support measures that promote the production and distribution of reclaimed water. Water Quality (a) Support legislation that protects the quality of drinking water and supports local agency efforts to meet state and federal water quality standards based upon sound scientific principles. (b) Support legislation that incorporates sound scientific based water quality requirements for wastewater discharge into surface water and groundwater to safeguard public health and protect beneficial uses. (c) Support legislation that implements source control and protects reservoirs, lakes, and coastal waters. (d) Support legislation that enables local agencies to regulate the discharge of contaminants into the sewer collection system based on discharge permit requirements, detrimental effects on infrastructure, and adverse effects on recycling and reuse. (e) Support legislation that provides state and federal funds for monitoring, research and treatment of new and emerging contaminants. Water Storage and Conveyance Systems (a) Support a balanced water transportation and regional storage system that provides for the needs of San Diego County, while protecting the Delta and Central Valley regions with minimal impact on agriculture and the environment. (b) Support measures that increase water supply and storage facilities within the region and allow for economically feasible water transfers within the system. New Technology (a) Support legislation and regulations that encourage the use and development of alternative water sources. (b) Support funding and legislation that promotes the development of engineering solutions and alternative uses to eliminate wastewater treatment ocean discharges. Jan. 10, 2023 Item #6 Page 40 of 94 11 (c) Support legislation that encourages and provides state and federal funding for the development of new technology in water use, reuse, quality monitoring, and treatment. Financial Considerations (a) Support legislation to develop an ongoing funding source to implement the federally mandated Clean Water Act of 1987 and to ensure protection of local resources. (b) Support legislation that would exempt stormwater and urban runoff management programs from Proposition 218 requirements. (c) Support legislation that allows Water Districts to award contracts in conformity with the provisions of the local City Charter. (d) Support legislation that provides state and federal funds to local agencies for programs and projects that provide for the supply, storage, recycling, reclaiming, reuse and quality improvement of water resources. (e) Oppose any new tax or fee on water that does not benefit ratepayers. 4. Governance, Transparency, and Labor Relations Labor Relations (a) Support legislation that allows cities with civil service/personnel systems to contract out services to the private sector to save taxpayer dollars. (b) Support legislation that limits the ability of employees to receive workers' compensation benefits for occupational injuries/illnesses that result from stress, disciplinary action, or performance evaluations or consultations. (c) Support any measure that would reverse the imposition of compulsory and binding arbitration with respect to public employees. (d) Oppose any measure that would grant employee benefits that should be decided at the local bargaining table. (e) Oppose any legislation that would reduce local authority to resolve public employee disputes, and support legislation that would preserve court jurisdiction, and/or impose regulations of an outside agency (such as PERB). Jan. 10, 2023 Item #6 Page 41 of 94 12 (f) Oppose measures that propose a standard higher than the normal civil standards in disciplinary proceedings for peace officers. (g) Support legislation that clarifies existing labor laws concerning whether an individual is considered an employee rather than an independent contractor. (h) Support measures that promote recruitment efforts and educational practices to advance and retain workplace diversity, equity and inclusion. (i) Oppose measures that would expand release time for union business. (j) Oppose measures that would establish confidentiality privileges for union representatives. (k) Oppose measures that would require municipalities to pay erroneous retirement benefits. (l) Support funding and legislation that helps cities provide employee support programs, increased personal protective equipment (PPE) and other programs that promote employee overall wellness—particularly for underrepresented and frontline essential workers. (l)(m) Support funding and legislation that would enhance efforts to prevent third-party harassment and workplace violence. Workers’ Compensation (a) Oppose legislation that expands or extends any presumptions of occupational injury or illness and support legislation that repeals the presumption that the findings of a treating physician are correct. (b) Oppose legislation that increases workers' compensation benefits without providing for concurrent cost controls. Governance and Ethics (a) Oppose legislation or constitutional amendments that weaken or interfere with the powers of charter cities and diminish local autonomy or home rule authority. (b) Support legislation that reduces and provides for recovery of costs, maintains privacy and eliminates attorney's fees for administering public records laws. Jan. 10, 2023 Item #6 Page 42 of 94 13 (c) Support legislation that improves access to, and reduces the cost of, healthcare for public employees, including part-time and seasonal workers. (d) Support measures that reform California's tort system to reduce and limit liability exposure for public agencies and restore the ability of public agencies to obtain affordable insurance. (e) Support legislation that recognizes or broadens immunities for public agencies and oppose legislation that attempts to limit or restrict existing immunities. (f) Support legislation that requires plaintiffs to make a good faith showing of liability prior to filing a lawsuit against a public entity. (g) Support legislation that would increase civic participation and engagement, including the continued allowance of subcommittees, advisory committees, and boards and commissions to participate virtually (post COVID-19 state of emergency) without physical location posting requirements under the Ralph M. Brown Act. (h) Support legislation that would permit a minority number of council members to virtually participate in meetings without having physical location posting requirements, so long as a physical in-person meeting quorum is present. (i) Support state funding efforts to assist with enhanced public access for members of the community. (j) Oppose legislation that increases the cost of municipal meetings and hearings through unnecessary new requirements. Elected Officials (a) Support legislation that prevents threats to the security of public officials in their homes by extending or providing protection to elected and appointed officials from the unauthorized publication of their home addresses or telephone numbers in newspapers or similar periodicals. (b) Support legislation requiring both elected local and state officials to maintain their place of residence in the jurisdiction they were elected to represent. Jan. 10, 2023 Item #6 Page 43 of 94 14 5. Housing, Community and Economic Development Planning and Zoning (a) Support legislation to strengthen the legal and fiscal capability of local agencies to prepare, adopt and implement fiscal plans for orderly growth, development, beautification and conservation of local planning areas, including, but not limited to, regulatory authority over zoning, subdivisions, annexations, and redevelopment areas. (b) Support measures in local land use that are consistent with the doctrine of "home rule" and the local exercise of police powers in planning and zoning processes. (c) Support measures that authorize local land use planning and zoning law to override conflicting state law. (d) Support measures that ensure local land use planning or zoning initiatives approved by voters shall not be nullified or superseded by the actions of any local or state legislative body. (c)(e) Support legislation requiring environmental review of initiatives to amend a general plan or zoning ordinance before the initiative is placed on the ballot or enacted. (fd) Oppose legislation or constitutional amendments that would restrict the power of California cities to use eminent domain for public purpose projects. (g) Support measures that allow local agencies to condition mobile home park conversions from rental to resident ownership pursuant to local land use regulations including a requirement to provide public improvements and infrastructure where necessary to promote the health, safety, and welfare of park residents. (h) Support legislation that preserves the authority of local agencies to regulate short-term vacation rentals. (i) Support legislation that enables local agencies to effectively address issues concerning public safety and proper management of group homes, including proposals to require the presence of on-site managers and/or security personnel at all times, while being mindful of group home residents’ potential vulnerabilities. Jan. 10, 2023 Item #6 Page 44 of 94 15 (j) Oppose legislation that would diminish local control to set and assess development review and building inspection fees. Housing (a) Support efforts to develop federal and state participation, financial support and incentives (tax benefits, grants, loans) for programs which provide adequate, affordable housing (home ownership and/or rental opportunities) for all economic segments of the community including the elderly, persons with disabilities, and low-income persons. (b) Support expansion of tax credit and bond opportunities for affordable housing. (c) Support legislation that provides incentives (tax benefits, grants, loans, credits for affordable units) to local agencies, private developers and non-profit groups in order to rehabilitate residential units and commercial properties. (d) Support legislation that would provide additional funding for rental subsidy assistance programs (such as the Housing Choice Voucher Program, the federally funded rental subsidy program for low-income households) via more sustainable vouchers or certificates. (e) Support repeal of Article 34 (Public Housing Project Law) of the California Constitution, which requires local voter approval of housing projects that are intended for low-income people and that receive funding or assistance from the federal and/or state government. (f) Support legislation that allows entitlement cities to use Community Development Block Grant (CDBG) funds for new construction of housing units. (g) Support state legislation that strengthens local inclusionary housing programs for lower-income residents. (h) Support the repeal or modification of the Davis-Bacon Wage Act, as it relates to charter cities, that set a prevailing wage scale for public projects, substantially increasing the cost of publicly assisted housing developments. (i) Support legislation that will consolidate and streamline the administration and reporting requirements for the CDBG program. Jan. 10, 2023 Item #6 Page 45 of 94 16 (j) Oppose legislation that would give the State financial administrative responsibilities for the CDBG program. (k) Support legislation that requires availability of adequate school facilities contemporaneously with occupancy of housing. (l) Support measures that would establish a formula-based Regional Housing Needs Assessment allocation methodology that reflects the unique needs and practical capacity of local communities. (m) Oppose measures that diminish local authority to implement growth management initiatives that ensure communities do not exceed carrying capacities and the provision of adequate public facilities. (n) Support measures that would exempt affordable housing projects from complying with the California Environmental Quality Act while continuing to mitigate residents’ potential exposure to health and safety hazards. (o) Oppose legislation that would expand the Coastal Commission’s authority over state and local housing policy, which would result in administrative inefficiencies and policy conflicts. (p) Support legislation that modifies existing housing laws to remove inconsistencies and improve clarity in application. (q) Support housing legislation that would allow density increases to satisfy the state’s “no net loss” requirements, when the increases occur concurrent with or prior to a density reduction. (r) Support legislation that more equitably applies rent control laws to various types of rental housing, such as condominiums. (s) Support legislation that prohibits property owners who are awarded tax credit financed projects from charging Section 8 Housing Choice Voucher clients a higher rent than the rent charged to non-Section 8 Housing Choice Voucher clients. Subdivision Map Act (a) Support legislation that would automatically extend approved or conditionally approved tentative, final and parcel maps under the Subdivision Map Act during and for a limited time period after a statewide financial or public health crisis, or other declared State of Emergency. Economic Development Jan. 10, 2023 Item #6 Page 46 of 94 17 (a) Support legislation that facilitates economic development efforts and encourages local business investments, job creation and retention. (b) Support legislation that would establish new tax increment financing tools. (c) Support legislation that helps businesses who have had business interruption insurance claims denied, or otherwise incur unrecoverable revenue losses resulting from a statewide financial or public health crisis, or other declared State of Emergency. (d) Support legislation that protects small businesses from extraordinary health insurance premium increases being applied during and for a limited time period after a statewide financial or public health crisis, or other declared State of Emergency. (e) Support legislation that would remove impediments to the automatic extension of local permits during and for a limited time period after a statewide financial or public health crisis, or other declared State of Emergency. (f) Support legislation that provides statewide eviction protections and funding for rental assistance programs for residential and commercial tenants and property owners impacted by a financial or public health crisis, or other declared State of EmergencyCOVID-19. 6. Public Safety Fire Services (a) Oppose legislation that would restrict or reduce the ability of local government to determine the extent or method of fire hazard mitigation necessary in or around wildland areas. (b) Oppose legislation that would diminish local control to set and assess fire inspection fees. (c) Support legislation that preserves local agencies’ ministerial development review and approval rights, including applicability to accessory dwelling units. (d) Oppose legislation that attempts to circumvents building or fire code requirements by statute, including through the provision of a “deemed complete” or “deemed approved" status when local agencies exceed maximum application review timelines. Jan. 10, 2023 Item #6 Page 47 of 94 18 (e) Support legislation that would enhance statewide wildland fire safety infrastructure. Emergency Services and Preparedness (a) Support legislation granting immunity to or limiting liability of governmental entities and their employees who provide emergency medical instructions and/or treatment as a part of their public safety dispatch system. (b) Oppose legislation that would restrict a local government from revising the delivery of emergency medical service to its citizens and support measures that broaden these powers. (c) Support legislation that would enhance cost recovery or provide funding for emergency medical services and pre-hospital care. (d) Support legislation that would strengthen awareness of and access to resources concerning community and disaster preparedness, public health, safety, and resiliency. (e) Support legislation that provides state and federal emergency funding and regulatory relief that allows cities to devote the necessary resources and meet the operational challenges of protecting the public health, safety and welfare in response to a declared State of Emergency. (f) Support legislation that clarifies the requirements for operating city- owned ocean rescue watercraft. Law Enforcement (a) Support legislation that strengthens a diverse local law enforcement. (b) Support measures that would provide a greater share of seized assets to localities and increased discretion for local spending. (c) Support legislation that would allow for the destruction, confiscation, or extended safekeeping of firearms or other deadly weapons involved in domestic violence incidents. (d) Support legislation that strengthens penalties for violent offenders, including sentencing enhancements for violently resisting or brandishing a weapon during the commission of a property-related crime. (d)(e) Support legislation that strengthens penalties for individuals who commit violent crimes as juveniles. Jan. 10, 2023 Item #6 Page 48 of 94 19 (e)(f) Support legislation that would increase accountability and transparency among law enforcement agencies and personnel. (f)(g) Support legislation that encourages or mandates police training to include mental health awareness, implicit and explicit bias and de- escalation techniques. (h) Support legislation and funding to continue the state Citizens’ Option for Public Safety (COPS) Program and federal Community Oriented Police Services (COPS), and to provide funding for local agencies to recoup the costs of crime and increase community safety. (g)(i) Support legislation that strengthens penalties for participating in any coordinated effort to disrupt the use of public roads and publicly accessible parking lots. Drugs and Alcohol (a) Support measures which strengthen present state or federal laws to increase penalties and give local governments the power to restrict or regulate the sale, manufacture, or use of dangerous drugs. (b) Support legislation that discourages, prevents, and penalizes driving under the influence of drugs or alcohol. (c) Support legislation that enhanced local agencies ability to recover costs from guilty parties for damage to public property and services in accidents involving driving under the influence of drugs and/or alcohol. (d) Support legislation that would provide funding for addiction rehabilitation treatment. (e) Support any measure that protects children and youth from exposure to tobacco, second hand smoke and tobacco- and nicotine-related products. (f) Support legislation that preserves local control over medical and adult- use cannabis businesses, and enhances and protects maximum local regulatory, land use, and enforcement authority in relation to such businesses. Homelessness (a) Support funding and legislation that provides resources, including enriched referral services, and outreach and case managers to help ensure local governments have the capacity to address the needs of persons experiencing Jan. 10, 2023 Item #6 Page 49 of 94 20 homelessness in their communities, including resources for regional collaborations. (b) Support measures that provide resources to address the mental health needs of persons experiencing homelessness. (c) Preserve local control by increasing funding opportunities for housing programs/projects that suggest, rather than require, compliance with the Housing First model. (d) Support legislation that creates streamlined protocols and metrics to be used by homeless service providers and local agencies, providing more accurate statistics of individuals experiencing homelessness, including in-flow and out- flow information, cost-reporting of services rendered, and individuals successfully housed. (e) Support measures that facilitate regional and city-driven solutions to address homelessness through crisis response, mental evaluation, and homeless outreach teams. (f) Support the expansion of conservatorship laws allowing for increased guardianship control and health supervision of those suffering from mental illness and recognizing mental illness and addiction as contributors to chronic homelessness. Miscellaneous (a) Support legislation that would assist local safety agencies in regionalization of activities such as training, crime labs, specialty responses such as hazardous materials and technical rescue, and other appropriate functions. (b) Support legislation that provides financial assistance to local agencies for Homeland Security. (c) Support the enactment of legislation to prevent gun violence. (d) Support measures to expand and fund mental health and social- emotional health services, including the provision of such services and safety education in schools. (e) Support measures to provide resources to develop school safety guidelines, conduct comprehensive school safety audits and maintain continued vigilance and monitoring of safety matters in schools. Jan. 10, 2023 Item #6 Page 50 of 94 21 (f) Support legislation to eliminate restrictions on the collection and compiling of data related to violence perpetrated with firearms, including research into the causes and consequences of gun violence. (g) Support measures to provide funding to support 911 communication centers. (h) Support measures to provide funding to support the San Diego Law Enforcement Coordination Center, a collaborative partnership among federal, state and local law enforcement/public safety agencies focused on enhancing coordination, information sharing, regional preparedness, training and investigative support/analysis for first responders and other public and private partners in the region. (h)(i) Support legislation that provides financial assistance to local law enforcement agencies for staff assigned to a regional task force. 7. Revenue and Taxation (a) Support legislation that assists cities to enforce and collect local taxes. (b) Support measures that protect the fiscal independence of cities and safeguard existing revenue sources from preemption by any other public agency (c) Oppose any change in revenue allocations which would negatively (current or future) affect local government, including the redistribution of sales tax, property tax, transient occupancy tax and other taxes and fees. (d) Support legislation that makes funds to support public facilities (i.e., buildings, roads, utilities, open space) more available to local municipalities. (e) Oppose legislation that attempts to eliminate the “pay first and litigate later” provisions of law and oppose any bill that proposes to reduce or eliminate the obligation of any online travel agency to pay transient occupancy taxes under state or local law. (f) Support measures which would strengthen cities' ability to reorganize and consolidate water districts, sewer districts, school districts, and other special districts that operate within or provide service to a city. Jan. 10, 2023 Item #6 Page 51 of 94 22 (g) Oppose federal measures which remove the deduction of all state and local taxes for federal income tax purposes. (h) Support measures that implement basic structural changes in state government that result in state budget expenditures being brought into balance with state revenues. (i) Support measures which relieve taxpayers of the burden of paying for services which could be charged directly to the service user, and which simplify the process of establishing such fees. (j) Support legislation that would provide greater accountability on the part of counties for the distribution of funds back to municipalities, including, but not limited to, fines and forfeitures. (k) Support measures to reinstate flexibility in the administration of Article XIII-B (The Gann Initiative), which establishes an annual appropriations limit on the state and most local governments. (l) Oppose any measure that restricts or limits a public entity’s ability to use tax exempt debt for the purchase or construction of public purpose improvements. (m) Oppose legislation that shifts state and county criminal justice costs to cities. (n) Oppose the use of the federal gas tax for federal debt reduction. (o) Support legislation that streamlines permitting processes without undermining the ability of local government to apply and be compensated for the enforcement of reasonable building, planning and fire protection standards. (p) Oppose measures that propose significant economic changes without the completion of a balanced, comprehensive economic analysis. (q) Support funding and legislation that provides direct financial support to cities to offset cost increases and lost revenues caused resulting from a financial or public health crisis, or other declared State of Emergency.by the COVID-19 pandemic. (r) Support legislation that promotes regional collaboration on COVID-19 response efforts addressing the impacts of a financial or public health Jan. 10, 2023 Item #6 Page 52 of 94 23 crisis, or other declared State of Emergency, including funding to support local businesses. (r)(s) Support legislation that provides flexibility concerning the disposition of municipally owned real estate assets to promote economic development and other public purposes. State Mandates (a) Support legislation that would eliminate unfunded state and federal mandates or would require timely reimbursement to cities. (b) Oppose measures that would impose mandates for which there is no guarantee of local reimbursement or offsetting benefits, or would shift the cost of government services to cities. (c) Oppose legislation that creates surcharges for state oversight of state mandated programs. 8. Transportation, Communication and Public Works Transportation (a) Support measures that would increase the ability of local agencies to finance local and regional transportation facilities and improvements, including alternative modes of transportation and transportation demand management systems and transportation systems management initiatives. (b) Support legislation that provides for safe, effective and efficient transportation alternatives for all travel modes. (b)(c) Support funding and legislation that provides direct support to cities to advance roadway safety through education, engineering and enforcement. (c) Oppose transportation proposals that would adversely affect the quality of life in North San Diego County by causing traffic congestion, air pollution or other problems. (d) Encourage and support double tracking of the rail corridor within the City limits in a manner that: 1. Improves public safety access and response times. Jan. 10, 2023 Item #6 Page 53 of 94 24 2. Eliminates or reduces existing at-grade rail crossings within the rail corridor. 3. Improves local, regional, and coastal access for all travel modes (bicycleke, pedestrian, vehicle, transit). 4. Minimizes impacts to neighborhoods. 5. Maximizes community and neighborhood connections. 6. Protects and/or improves the economic vibrancy of surrounding neighborhoods and the city. 7. Protects and/or enhances environmental resources. (e) Oppose legislation that diminishes local control over the regulation and deployment of micro-mobility solutions. (f) Oppose measures that would result in the consolidation of the North County Transit District and Metropolitan Transit System. (g) Support measures that protect residents, businesses and visitors from the adverse impacts of aircraft operating at McClellan-Palomar Airport. (h) Oppose changes in aviation policies that would allow McClellan-Palomar Airport to expand without authorization from the city. (i) Support legislative and regulatory initiatives to study and mitigate the noise and air quality impacts associated with air traffic overflights. (j) Support measures that would increase local control over airports located within municipal boundaries. Public Works (a) Oppose legislation that would erode or purport to erode a charter city’s ability to design, implement, determine wage rates or fund any and all public works projects within its jurisdiction. (b) Support funding and legislation that supports utilities undergrounding. Contracts (a) Support legislation prohibiting firms from bidding on City projects if the firm is currently involved in legal proceedings against the City arising from prior projects. (b) Oppose measures that would eliminate state licensing requirements for professionals involved in designing public and private developments. (c) Support measures that would clarify the roles and responsibilities of public agency officers and employees as related to the prohibition on Jan. 10, 2023 Item #6 Page 54 of 94 25 entering into or participating in making contracts in which they have a financial interest. Telecommunications (a) Support legislation and regulations of telecommunications facilities and services that: 1. Maintain local control over the public right-of-way. 2. Provide just compensation for the use of right-of-way and overseeing public service standards. 3. Ensure public, education, and governmental access is available, equitable and affordable. 4. Provide free access for public information services and announcements. 5. Maintain local control, including but not limited to discretionary permits over wireless communications facilities. 6. Reinstates competition in the telecommunications industry. 7. Enhance access for all community members to fast, reliable, affordable and high-quality internet, which can spur innovation and help close the digital divide in California. 8. Support net neutrality to prevent internet service providers from blocking, throttling, degrading, or providing for paid prioritization of lawful content, applications, or services. (b) Support legislation that requires cable television companies to assure that audio and video portions of adult entertainment channels are completely blocked 24 hours a day in the homes of non-subscribers. (c) Oppose any measure or legislation that prevents local franchising of cable television or video services, regardless of the technology used to deliver the cable television or video services to the subscriber. Jan. 10, 2023 Item #6 Page 55 of 94 1 Exhibit 3 Legislative Proposal: Workplace Harassment Restraining Order Background and Existing Law • Currently, the city seeks workplace violence restraining orders, when appropriate under Code of Civil Procedure § 527.8, which states: o (a) Any employer, whose employee has suffered unlawful violence or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer. • A “credible threat of violence” is a knowing and willful statement or course of conduct that would place a reasonable person in fear for his or her safety, or the safety of his or her immediate family, and that serves no legitimate purpose. • Therefore, a workplace violence restraining order is not an option for the employer where an employee is suffering harassment from a 3rd party but the harassment doesn’t create a physical safety concern. • By contrast, civil harassment retraining orders are available to individuals (not the employer) under the Code of Civil Procedure § 527.6, which states: o (a)(1) A person who has suffered harassment as defined in subdivision (b) may seek a temporary restraining order and an order after hearing prohibiting harassment as provided in this section. • “Harassment” is defined as “unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose. The course of conduct must be that which would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the petitioner.” Legislative Fix • Under the current state of the law, the employee has an option of seeking a civil harassment restraining order on their own, but it would be helpful to have a tool where the employer could seek the restraining order for an employee, the same way an employer can seek a restraining order related to threats of workplace violence. Jan. 10, 2023 Item #6 Page 56 of 94 2 • If the workplace violence restraining order provision in Section 527.8 were broadened to cover workplace harassment and violence, then the employer could seek a restraining order on behalf of an employee who is suffering 3rd party harassment, but not a credible threat of violence. ### Jan. 10, 2023 Item #6 Page 57 of 94 1 City of Carlsbad 2022 End of Year Report 2022 END OF YEAR REPORT CITY OF CARLSBAD Prepared by: Sharon Gonsalves Director of Government Affairs Phone: (916) 849-5536 sgonsalves@publicpolicygroup.com Exhibit 4 Jan. 10, 2023 Item #6 Page 58 of 94 2 City of Carlsbad 2022 End of Year Report TABLE OF CONTENTS TRANSMITTAL LETTER ....................................................................................... 3 2022: YEAR IN REVIEW ........................................................................................ 5 RPPG/ CITY OF CARLSBAD HIGHLIGHTS 2022................................................ 7 KEY PERFORMANCE INDICATORS ................................................................... 8 HIGHLIGHTS: MEASURES AMENDED ..................................................................... 12 CLIENT COMMUNICATION ................................................................................ 14 OTHER RPPG EFFORTS ........................................................................................... 14 LOOKING AHEAD: 2023 LEGISLATIVE SESSION ........................................... 16 PROJECTED STATE BUDGET DEFICIT ................................................................... 16 ADDRESSING RISING FUEL COSTS ........................................................................ 17 TAKING THE HOUSING “POLICY” APPROACH TO HOMELESSNESS ................... 18 LOOKING AHEAD: 2023 GRANT FUNDING ..................................................... 19 TRANSPORTATION ................................................................................................... 19 PARKS AND RECREATION ....................................................................................... 21 FIRE RESPONSE AND WILDFIRE MITIGATION ....................................................... 22 HOUSING AND HOMELESSNESS ............................................................................ 23 SUSTAINABILITY AND CLIMATE ADAPTATION ...................................................... 25 WATER QUALITY AND CONSERVATION ................................................................. 27 ECONOMIC AND WORKFORCE DEVELOPMENT ................................................... 29 PUBLIC SAFETY AND CRIMINAL JUSTICE .............................................................. 30 COMMUNITY INFRASTRUCTURE ............................................................................ 31 HAZARD MITIGATION ................................................................................................ 31 Jan. 10, 2023 Item #6 Page 59 of 94 3 City of Carlsbad 2022 End of Year Report TRANSMITTAL LETTER December 27, 2022 To: Scott Chadwick City Manager City of Carlsbad From: Sharon Gonsalves Director of Government Affairs Renne Public Policy Group Dear Mr. Chadwick, On behalf of the Renne Public Law Group, LLP [DBA Renne Public Policy Group (RPPG)], I want to thank you, your team, and the Carlsbad City Council for engaging our firm for state legislative advocacy services. This end of year report provides an overview of the services provided by our firm to the City of Carlsbad during the 2022 legislative year as well as insights and potential next steps in preparation for the new 2023 legislative session. Additionally, this report provides a recap on efforts currently underway for the 2023 legislative session and our firm’s initial assessment of eligible grant funding opportunities. Our work with the City of Carlsbad officially began January 15, 2021 in what presented itself with continued challenges associated with COVID-19 response and recovery. Despite those challenging times extending into 2022, RPPG hit the ground running, working hand-in-hand with the City and Assemblymember Tasha Boerner Horvath to sponsor two pieces of legislation which were ultimately signed into law by Governor Newsom. Additionally, RPPG continued providing updates on issues with play-by-play information, drafting memos, providing information on dozens of Executive Orders, vying for increased American Recovery Act dollars, and providing detailed policy and political analysis on state legislative proposals of interest to the City. Further, our team worked closely with City of Carlsbad staff and the Legislative Subcommittee in updating and reviewing on an annual basis the State Legislative platform—which serves as the bases for the policy goals we set out to accomplish. We do so by conducting Deep Dive meetings with each department to go over policies, priority projects and funding needs. Updates are presented to the Legislative Subcommittee for final comments and edits prior to the platform going before the Council for adoption. Sustained and consistent review and legislative tracking is critical in assessing the thousands of measures introduced each legislative year. During the 2021/2022 legislative session, RPPG monitored and/or engaged on 1,160 pieces of state legislation as well as provided multiple updates, and engagement on federal issues specific to COVID-19 relief and the Federal Infrastructure package. From those pieces of State legislation and budget funding items, RPPG actively engaged on 62 of those measures to assess specific applicability to the City including drafting memos, providing legislative analysis, advising City staff, meeting with state lawmakers, their staff, and drafting state and federal positions. All told, the City of Carlsbad officially positioned on 19 pieces of State legislation in 2022. As detailed further in this report, Jan. 10, 2023 Item #6 Page 60 of 94 4 City of Carlsbad 2022 End of Year Report RPPG was able to successfully advocate for the desired outcome or secured significant amendments to reduce the overall impact on 16 of those measures. We are grateful that the City will continue its relationship with RPPG moving into the 2023-24 legislative session. Despite our team’s success on behalf of the City, we believe there is still much more work to be done, and we certainly do not take this responsibility lightly. Thank you once again for the opportunity to serve the City of Carlsbad. We look forward to continuing our partnership and building off of the success we have achieved during these trying times. Sincerely, Sharon Gonsalves Director of Government Affairs Renne Public Policy Group CC: Jason Haber, Intergovernmental Affairs Director, City of Carlsbad Cindie McMahon, City Attorney, City of Carlsbad Allegra Frost, Assistant City Attorney, City of Carlsbad Dane Hutchings Managing Director Renne Public Policy Group Jan. 10, 2023 Item #6 Page 61 of 94 5 City of Carlsbad 2022 End of Year Report 2022: YEAR IN REVIEW The 2022 legislative session began with a record number of lawmakers resigning from office. In fact, out of the 120 total state lawmakers that make up both the Assembly (80) and the Senate (40), 27 state lawmakers resigned in late 2021 and early 2022. While the reasons for resignations varied from seeking new job opportunities, to running for other elected positions, the “Great Resignation” of California lawmakers undoubtedly had an impact on the legislative cycle. With an historic $94 billion dollar budget surplus, Governor Newsom and the State legislature seized the opportunity to direct major one-time funds towards programs that tried to achieve ambitious state goals. As detailed below, key areas in relation to local government include: • Climate Action (Resources/Energy) • Housing • Infrastructure • Homelessness/Mental Health Resources and Energy SB/AB 178: Amendment to 2022 Budget Act Trailer Bill • Climate-Energy Package: $19.3 billion Climate-Energy Package in 2022-23 appropriates a total of $4.83 billion General Fund, as follows: Energy reliability, relief, and clean energy investments, $2.49 billion; Wildfire and Forest Resilience, $320 million; Drought Response and Resilience, $116.2 million; Extreme Heat, $150 million; Nature-Based Solutions, $594 million; 2022 Zero Emission Vehicles $500 million; Flexible Climate Set Aside, $661.2 million. • Greenhouse Gas Reduction Fund: $180 million Greenhouse Gas Reduction Fund to the Department of Resources Recycling and Recovery for grants to local jurisdictions for purpose of funding organic waste infrastructure projects. • Greenhouse Gas Reduction Fund: $600 million in Greenhouse Gas Reduction Fund (GGRF) for California Air Resources Board (CARB) for clean trucks, buses and off-road equipment, including the administration of the Hybrid and Zero Emission Truck and Bus Voucher Incentive Project (HVIP), and supporting advanced technology demonstration and pilot commercial deployment projects. • Charge Ahead Initiative: $76 million GGRF to CARB for a suite of equity transportation programs established under the Charge Ahead Initiative, including Clean Cars 4 All Program. SB/AB 180: Amendment to 2021 Budget Act Trailer Bill • Climate-Energy Package 2021-22: Appropriates, for the Climate-Energy Package in 2021-22, the following: Drought and Water Resilience, $1.14 billion General Fund and California Emergency Relief Fund; Wildfire and Forest Resilience, $50 million General Fund; $619 million General Fund to support the transition to Zero Emission Vehicles and associated infrastructure. • Department of Water Resources Local Assistance: Appropriates to the Department of Water Resources from the California Emergency Relief Fund for local assistance, as follows: $200 million for Urban Water Community Drought Relief; $100 million for Small Community Drought Relief; $75 million for Conservation for Urban Suppliers; $25 million for Conservation for Small Suppliers; $75 million for Turf Replacement; $60 million for Agriculture Drought Response Program and Delta Response Pilot; $10 million for Migratory Bird Habitat. Jan. 10, 2023 Item #6 Page 62 of 94 6 City of Carlsbad 2022 End of Year Report SB 122/AB 203: Energy Trailer Bill • Long Duration Energy Storage Program: Establishes the Long Duration Storage Program at the Energy Commission to provide financial incentives for projects that have power ratings of at least one megawatt and are capable of reaching a target of at least eight hours of continuous discharge of electricity in order to deploy innovative energy storage systems to the electrical grid. Housing SB/AB 178: Amendment to 2022 Budget Act Trailer Bill • Encampment Resolution Grants: $300 million in 2022-23 and $400 million in 2023-24 for Encampment Resolution grants, to help local governments with resolving critical encampments and transitioning individuals into permanent housing. This includes funding specifically for addressing encampments on state rights of way. • Infill Infrastructure Grant Program: $200 million in 2022-23 for the Infill infrastructure Grant Program. This includes $34 million set aside for small jurisdictions. The budget framework includes an additional $225 million in 2023-24. Transportation SB/AB 180: Amendment to 2021 Budget Act Trailer Bill • Transportation Infrastructure: Provides $5.4 billion for a variety of investments in transportation infrastructure. Includes $1.05 billion for the Active Transportation Program, $200 million to help local jurisdictions plan and invest in adapting their transportation infrastructure to climate change, and $150 million for planning and delivery of projects that will inform the future conversion of underutilized highways into multimodal corridors that serve existing communities. SB/AB 198: Transportation Trailer Bill • Highways to Boulevards Program: Creates the Highways to Boulevards program at Caltrans to provide grants to local governments to plan and implement projects to work towards the future conversion of key underutilized highways into multimodal corridors that serve existing residents by developing affordable housing and complete streets features. The program would provide 25 percent of available funds for planning activities, and 75 percent for projects. • Climate Adaption Program: Establishes three programs that are intended to fund activities necessary to help the state and local governments identify and fund projects to adapt transportation infrastructure to climate change. Moreover, Governor Newsom and his team pushed hard for a revamped mental health care program his office dubbed as CARE Court. 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. 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. Finally, 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. He also vetoed a handful of measures that would have added potential liability to local governments and/or would have reduced future revenues. Jan. 10, 2023 Item #6 Page 63 of 94 7 City of Carlsbad 2022 End of Year Report RPPG/ CITY OF CARLSBAD HIGHLIGHTS 2022 PIECES OF LEGISLATION TRACKED ON BEHALF OF THE CITY Legislation, tracked and assessed for impacts on City operational, legal and/or loss of local decision making during the 2021/2022 legislative session. 1,160 ON LEGISLATIVE ENGAGEMENT — MAKING THE CITY’S VOICE HEARD Carlsbad adopted formal positions on 19 pieces of legislation in 2022. RPPG achieved the desired outcome OR worked to amend the bills to reduce impacts to the City on 16. 84% IN STATE BUDGET EARMARKS State budget earmark for Veteran’s Memorial Park. $5M COMBINED DELIVERABLES AND TOUCHPOINTS PROVIDED TO AND ON BEHALF OF THE CITY Legislative updates, legislative and budgetary position letters, policy, and political analysis, meetings with City and/or state legislature on behalf of the City. *Note: This is based on activity between January1 - November 2022. *425+ Jan. 10, 2023 Item #6 Page 64 of 94 8 City of Carlsbad 2022 End of Year Report KEY PERFORMANCE INDICATORS At its core, legislative advocacy is working with individual lawmakers (both within the City’s legislative district and out), committee staff, the Governor’s administration, and regulatory officials to support the City’s policy goals. Equally important is the ability to work with those same stakeholders to mitigate legal, operational or fiscal impacts State legislation may have on the City. Successful legislative advocacy is predicated on raising awareness and education. Being able to empower City Council, staff, and by extension its advocacy team, is critical in any effort to advance legislative efforts. In Sacramento, direct advocacy can range from working personally with a legislator, an aide, policy committee staff and the Administration on the wording of a bill, to mobilizing broad coalitions that align with the City’s cause. This work includes educating legislators, supporters and the public about the issue, working with the media, continuously seeking out allies and being persistent over long periods of time. Over time, a sustained legislative advocacy effort will help the City form strong allies. Working with lawmakers and familiarizing them with your concerns often results in lawmakers even outside of a city’s legislative district becoming champions for your specific issues. Establishing personal relationships with legislators both in the City’s legislative district and outside of its district provides the City with the credibility needed to have a meaningful impact in the legislative process. While there is no guarantee that a sustained effort will lead to success on one particular issue of importance, a lack of a sustained effort will lead to State policies that will remove local decision making and create new financial, legal, or operational challenges for the City of Carlsbad. Highlights: Legislative Advocacy Success:  AB 1672 (Boerner Horvath) Public swimming pools: lifeguards [City Sponsored Legislation] Due to the COVID-19 pandemic and subsequent staffing shortages, the City was forced to significantly reduce public pool and aquatic center hours of operations. In response, the City sponsored AB 1672 which permits the City to use its Fire Fighter-Lifeguards—who were specifically certified under the United States Lifeguard Association (USLA)—to backfill traditional lifeguarding positions at the City’s public pools. While on its face this was a very straight forward and practical policy approach, the bill brought forth an incredibly diverse group of stakeholders and state agencies who initially expressed concern with the approach. RPPG worked closely with the City to navigate the varying stakeholders, including bringing those who originally were opposed to the bill into a support position. Moreover, in the eleventh hour, the California Department of Public Health (CDPH) tagged AB 1672 with a $400,000.00 fiscal impact (over three years) to the State’s General Fund to implement the bill’s provisions—effectively ensuring that the measure would be held in the Senate Appropriations committee. RPPG met with every member of the Senate Appropriations committee, lobbied committee consultants, and negotiated with CDPH to eliminate the fiscal concerns originally expressed. As a result, the measure advanced out of the Senate and proceeded through the legislative process. On September 13, Governor Newsom signed AB 1672 into law.  AB 1682 (Boerner Horvath) Vessels: public safety activities [City Sponsored Legislation] Jan. 10, 2023 Item #6 Page 65 of 94 9 City of Carlsbad 2022 End of Year Report Current law required that a 5mph limit was required for all watercraft within 100 feet of swimmers and 200 feet of beaches—excluding some public entities. However, the law was ambiguous as to its applicability to City lifeguard vessels. This ambiguity in law promoted a protracted legal proceeding involving a neighboring City. Since most rescues take place within 200 feet of the beach, slower boat speeds during an emergency reduces the lifeguards’ ability to use their skills and training to save lives. The City often relies on its lifeguard personnel to conduct emergency rescues on its coastline while also actively patrolling in these areas to prevent loss of life. To ensure that its public safety personnel could continue its preventative and reactive safety measures, Carlsbad sponsored AB 1682 which resolves the ambiguity in Sections 650.1 and 655.2 of the Harbors and Navigation Code. RPPG worked closely with the City to build a diverse support coalition, created Carlsbad-specific info graphics to further educate lawmakers in the Senate and Assembly Public Safety committees and successfully negotiated with the California State Sheriffs Association to remove their opposition from the bill. On August 29, Governor Newsom signed AB 1682 into law.  AB 1737 (Holden) Children’s Camps: Safety (City Position, Oppose) In its original form, AB 1737 would, among several other provisions mandated that the City create a full registry of every children’s camp in its boundaries, require the City to regulate each camp via code enforcement, and mandated that all City employees who work at a City-sponsored children’s camp become mandated reporters. Given the sheer volume of these programs, they could easily overwhelm limited staff that would be tasked with the above extensive new oversight obligations. Children’s camp, as defined by this bill, would have meant nearly any entity that offers daytime or overnight social, cultural, educational, recreational, or artistic programming to more than five children between 3 and 17 years for five days or longer during at least one season. This would capture the full spectrum of local children’s activities, from church camps to afterschool programming to sports camps and beyond. Despite the well-intended nature of the bill, the City was forced to take an oppose position. RPPG met with the City’s legislative delegation, with each member of the Assembly Health, Appropriations and Senate Public Safety committees to express City-specific concerns. We also enlisted our contacts with the California Special Districts Association as well as the California Association of Recreation and Park Districts to take an oppose position to the measure, further building out the opposition coalition. As a result, AB 1737 was significantly amended to remove all original requirements and instead create a state advisory body to further study the issue. The bill later failed in the Senate and did not advance. AB 1946 (Boerner Horvath) Bicycle Safety: Training Standards (City Position, Support) Bicycle and E-bike safety came to the forefront when the City declared a local emergency and allocated $2 million for immediate actions to update traffic safety standards after a sharp increase in E-bike related collisions. AB 1946, authored by Assemblymember Boerner Horvath, requires the California Highway Patrol to develop statewide safety and training programs related to E-bike safety. The policy of AB 1946 was one Jan. 10, 2023 Item #6 Page 66 of 94 10 City of Carlsbad 2022 End of Year Report that aligned with the City’s top priority and the legislature agreed as the bill was on consent throughout the legislative process. On August 15, Governor Newsom signed AB 1946 into law.  AB 1951 (Grayson) Sales and use tax: exemptions: manufacturing (City Position, Neutral) In a time of uncertainty around local revenues, AB 1951 would have permanently exempted all state and local sales tax for manufacturing research and development (MR&D) costs up to $200,000,000 of tangible personal property. In March, RPPG provided the City with an in-depth analysis on this legislation that indicated the following loss to local government revenue: • $91 million for not capturing their 1% local Bradley Burns. • $50-$70 million from losses for local transaction and use taxes. (This varies depending on the level of local TUTs) • $45 million due to the loss in the 1/2 cent sales tax dedicated for public safety. • $136 million losses primarily to counties for (1.5 cents) portions of the state sales taxes dedicated to funding the realignment of state functions and programs to counties. • $342 million total in annual losses to cities and counties. $3.4 billion (without inflation) over the 10-year life of the bill. This is important to highlight because RPPG’s analysis was a critical piece in working with the Governor’s office throughout the year to outline the strong concerns that the City had with this legislation. In addition, this analysis served as a tool to enlist both the League of California Cities and the California State Association of Counties to formally adopt an oppose position on this measure later in the year—further building out the local government opposition coalition to this measure. On September 15, Governor Newsom vetoed AB 1951. In his veto message he specifically points to the cost pressures this measure would place on local governments. In part he states “…I agree with the intent of this bill to invest in California's economy… However, we cannot ask our local governments to bear this loss in revenue.”.  AB 1985 (R. Rivas) Organic Waste: Recovered organic waste product procurement targets (City Position, Support) Similar to the overwhelming majority of local agencies, Carlsbad is working diligently to comply with organic recycling mandates established by SB 1383 (Lara, 2016). AB 1985 creates a delayed enforcement timeline for penalties against 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. This bill was critical in providing local agencies additional time for compliance while also allowing the market to catch up with demand for organics waste product. On behalf of the City, RPPG worked with the League of California Cities, California State Association of Counties and CalRecycle to ensure that the bill advanced through the legislative process. On September 16, Governor Newsom signed AB 1985 into law. Jan. 10, 2023 Item #6 Page 67 of 94 11 City of Carlsbad 2022 End of Year Report  SB 54 (Allen) Solid waste: reporting, packaging, and plastic food service ware (City Position, Support) After failing in two previous legislative sessions, SB 54 proposed to create a producer responsibility organization (PRO) to run a statewide collection and recycling program, with regulatory oversight, for printed paper and packaging. It took years of groundwork, collaboration and the looming threat of a qualified ballot initiative for all parties to come to reach a compromise. Because of the City Council’s commitment to sustainability, the City had supported several reiterations of this bill including the most recent version that was ultimately approved and signed into law. RPPG worked closely with the author, Cal Recycle, and other stakeholders to garnish support for the bill. On June 30, Governor Newsom signed SB 54.  SB 1105 (Hueso) San Diego Equitable and Environmentally Friendly Affordable Housing Agency (City Position, Oppose) In looking for solutions to address the housing crisis in the State, there have been several attempts to look for regional and local efforts to focus on affordable housing. Affordable housing in San Diego County is challenging due to the high cost of land coupled with labor requirements and the continued increase in the cost building materials. Senator Hueso introduced SB 1105 to create a county agency to facilitate increased funding for housing activities, including new production, preservation, and renter protections. The bill was very technical and there were concerns about fees that residents of Carlsbad would have to pay and the amount of funding that would come back to the City for the development of housing. The City and RPPG reached out to the author’s office and offered to take part in stakeholder meetings and worked closely with Assemblymember Tasha Boerner Horvath to highlight concerns during the Assembly Local Government Committee. On August 11, the bill was held in the Assembly Appropriations Committee.  SB 1338 (Umberg) Community Assistance, Recovery, and Empowerment (CARE) Court Program (City Position, Support) Creating solutions to address extreme mental illness was a priority for the Legislative Subcommittee and the City Council. CARE Court seeks to implement Governor Newsom's proposal, which would allow civil courts to order those suffering from certain mental illnesses into treatment programs at the community level, similar to today's Assisted Outpatient Treatment under the LPS Act, but with, hopefully, more community- based supports and services, and more court oversight. On behalf of the City, RPPG worked with a large coalition of local government stakeholders, including our relationship with the “Big 13” Mayors and League of California Cities to help advance this major piece of legislation. In addition, RPPG drafted support letters, testified in all relevant policy committees, and met with the Governor’s office to express Carlsbad’s strong support for the bill. On September 14, Governor Newsom signed SB 1338 into law. Jan. 10, 2023 Item #6 Page 68 of 94 12 City of Carlsbad 2022 End of Year Report Highlights: Measures Amended to Significantly Reduce Impacts to the City  AB 2953(Salas) Department of Transportation and local agencies: streets and highways: recycled materials. (City Position, Oppose Unless Amended) As a local agency that prioritizes sustainability, the City of Carlsbad is supportive of using recycled materials on public works projects when appropriate to the project, at a percentage that maintains quality of the material, and when cost effective. This bill will require local agencies to apply standard specifications that allow for the use of recycled materials in streets and highways at or above the level allowed in the California Department of Transportation’s (Caltrans) most recently published standard specifications, when “feasible” and “cost effective,” though the terms remain undefined. In its initial form, the measure additionally applied an arbitrary bifurcated application process based on an agency's financial stability versus a traditional option such as a population threshold, which the City also found problematic. RPPG closely watched this bill and monitored its progress through the legislative process on behalf of the City, keeping City staff apprised of its progress. Ultimately, when it became clear the bill was continuing to move, the City opted to formally position on the bill in late August after the bill had already completed the policy committee process in both houses. RPPG was able to engage while the bill was still in Senate Appropriations, and the City transmitted a formal position letter shortly thereafter. Subsequently, the bill was amended out of Appropriations to change the revenue thresholds to a population standard and with local flexibility for implementation before moving to the floor and proceeding to the Governor. On September 30, Governor Newsom signed AB 2953 into law as amended.  SB 1157 (Hertzberg) Urban water use objectives (City Position, Oppose) The City was involved in the stakeholder process that established the long-term water conservation framework in response to Governor Brown’s “Making Conservation a California Way of Life” Executive Order. The implementing legislation was a coordinated effort between state agencies, water utilities, and other interested parties – including the City – through the passage of AB 1668, and its accompanying bill, SB 606, which called for the creation of new urban water use efficiency standards for indoor water use, outdoor use, commercial, industrial and institutional use, water loss, and variances for unique conditions. This measure circumvents the agreements formed during that process by incrementally lowering the standard for indoor residential water use to 47 gallons per capita per day (gpcd) starting on January 1, 2025 and 42 gpcd beginning January 1, 2030, absent many of the impacts required to be evaluated per AB 1668 mandated studies and prior to SB 606 standards being fully implemented. However, due to the robust advocacy efforts of RPPG in coordination with a broader coalition of stakeholders, the measure was significantly amended several times throughout the process to also:  Require the Department of Water Resources (DWR) in coordination with the State Water Resources Control Board (SWRCB) to conduct studies and investigations to assess and quantify the economic benefit and impacts of meeting the 2030 indoor residential use standard on water, wastewater, and recycled water systems, Jan. 10, 2023 Item #6 Page 69 of 94 13 City of Carlsbad 2022 End of Year Report  Summarize the findings in a report to the Legislature by January 1, 2027,  Prohibit enforcement of specified provisions against an urban retail water supplier solely for failing to meet the indoor residential use standard,  Allows DWR and SWRCB to recommend an alternate date for the 2030 standard to take effect if they determine the 2030 indoor residential use standard is likely to unduly impact affordability of water and wastewater services, and  Requires DWR to consider whether to recommend additional variances to accommodate unique challenges related to residential indoor water use based on findings for adoption by SWRCB. SB 1157 was a reintroduction of AB 1434 (Friedman) which set the same premature standards, but ultimately failed in the Assembly Appropriations Committee due to the efforts of a coalition of stakeholders of which the City was a participant. RPPG represented the City’s interests against SB 1157 as part of a robust coalition of stakeholders led by the Association of California Water Agencies (ACWA). Engagement began by placing pressure on the author and committee staff in the first policy committee to reconsider the bill’s provisions, while simultaneously advocating Assembly Water, Parks, and Wildlife committee members to vote ‘no.’ While the bill continued to move forward despite the strong concerns expressed, we were able to broker amendments as part of the larger coalition that substantively revised the bill’s requirements prior to being voted out of committee, despite the author having all the votes needed to progress without them. The City remained opposed, despite many stakeholder associations falling to a neutral position and RPPG continued to work with ACWA and a smaller subset of partners to hold the bill, working the Appropriations committees and, later, the floor. RPPG advocates leveraged our other relationships to advocate legislators and staff outside of the City’s sphere of influence for a no vote on the bill on the Floor. In the process, additional amendments were procured in response to the significant concerns raised surrounding impacts on affordability and feasibility. The pressure placed on the bill’s author by the City and associated stakeholders held off the author from backing out of the amendments already taken – a threat that was circulating and widely believed to be forthcoming – and held the vote threshold very tight, limiting his ability to maneuver or advance. Ultimately, the bill was amended to include even more permissive language surrounding studies required. Even as significantly amended, the efforts of RPPG on behalf of the City in coordination with the broader coalition placed enough pressure on legislators that the bill failed on the Assembly Floor when it was brought forward for a vote and had to be placed for reconsideration, where it narrowly earned enough votes to make it to the Senate for a concurrence vote before heading to the Governor. On September 28, Governor Newsom signed SB 1157 into law as significantly amended. Highlights: State Budget Earmarks Apart from timing deadlines enshrined in the State’s constitution, the State budget process is a nuanced and often convoluted process. Timing for requests are often dependent upon each individual legislative office. While some legislative offices prefer that requests come to their State Capitol office, others prefer that all budget earmarks are submitted through a Member’s district office. With respect to Carlsbad’s legislative delegation, each office used a combination of approaches outlined above. Jan. 10, 2023 Item #6 Page 70 of 94 14 City of Carlsbad 2022 End of Year Report Working with your legislative delegation and with the help of City staff, RPPG worked quickly to provide a set of project specific narratives highlighting how State budget dollars, if awarded, would be used to close the gap on shovel ready projects while providing tremendous community benefit. As a result, we were able to secure the following state budget earmarks: CLIENT COMMUNICATION Client communication is an important component in our overall advocacy approach. We pride ourselves in working hand in hand with our clients to provide detailed as-needed analysis on legislation, regulatory issues and the overall legislative process. Since we have been engaged with the City of Carlsbad, RPPG has conducted weekly Zoom meetings and as needed calls, emails and detailed memos in order to stay in close contact with the City. In addition, we provide monthly written updates to the City Council’s Legislative Subcommittee and present at each meeting. These reports highlighted work product on various issues including but not limited to: • Monthly legislative summary and presentation for the City’s Legislative Subcommittee meetings. • Real time updates on the progress of legislation of interest to the City o State Budget Analysis—Including Relevant Budget Trailer Bill Analysis o Police Reform and Amendments to Proposition 47 o Transportation and Infrastructure o Housing, Homelessness, Land Use and ADU Legislation o Public Employer Legislation o Wildfire Mitigation o Various Legislative Deadline Updates and End of Year Legislative Update o Public Employee Retirement System (CalPERS) Funded Status and Discount Rate Change • One-on-one “Deep Dive” meetings with all City department heads. • Providing opportunities for the City to establish and maintain relationships with members of the Administration and its legislative delegation as well as lawmakers across California. Other RPPG Efforts At RPPG, the job does not begin and end with the signing of state legislative advocacy. We worked tirelessly throughout this year to assist the City in any way we were able. This includes helping solve local issues that Project Lawmaker Amount in Millions Veteran’s Memorial Park Improvements Boerner Horvath $5 Jan. 10, 2023 Item #6 Page 71 of 94 15 City of Carlsbad 2022 End of Year Report have a state nexus, working with City staff on new policies of relevance and providing education and awareness to City Council and staff. Modification of the City of Carlsbad’s Legislative Platform: The legislative platform is a set of guiding principles that reflects the overarching ideals and vision of the Council. This document is critical in an overall legislative advocacy program as it provides broad policy statements that enables the City and its legislative advocacy firm to sift through the thousands of legislative proposals introduced each legislative session while elevating those measures that fall within the scope of the platform. Working in conjunction with City staff and with City Council input, RPPG met with every department director and each Council member to make major changes to the City’s legislative platform. Detailed Legislative Analysis: Upon request, RPPG provided detailed analysis on several pieces of legislation. These analyses have been critical in helping the City assess potential implications that pending legislation may have on the City’s operations, local discretion and/or authority. Examples include but are not limited to: • Standalone analysis of AB 2011 (Wicks) • Comprehensive memo on every housing and land use bill and public safety bill enacted in 2022, along with enactment dates. Memo was followed up by conducting a Zoom meeting with the Community Development Department and the Police Department to review and discuss the most significant bills. • Side-by-side comparison of the specific interconnections between AB 2011 (Wicks) and SB 6 (Caballero). Direct Meetings with CalPERS Executives on “Limited Duration” Regulations: Our team arranged a client-specific meeting with CalPERS executives, whereby the City had a chance to directly engage with key decision-makers in the rule making process. While CalPERS did not initially address all of the concerns raised by the City, they either resolved or made significant improvements on 4 out of the 5 major areas of concern—most notably the ability for a local agency to retain a retired annuitant who performed similar work for said agency prior to retirement. Common Law Best Practices: RPPG pulled together a detailed memo and power point presentation on best practices to avoid common law employee status on contract workers. While best practices do not safeguard any agency from a CalPERS-agency audit, implementing such practices does significantly minimize the City’s liability for inadvertently treating contract workers as employees Jan. 10, 2023 Item #6 Page 72 of 94 16 City of Carlsbad 2022 End of Year Report LOOKING AHEAD: 2023 LEGISLATIVE SESSION In 2022, there are a total of 34 open seats between the Assembly and Senate — the largest number since new constitutional state term limits were approved by the voters in 2012. Due to statewide decennial redistricting, combined with early resignations and expiring term limits, there will be a complete turnover of that legislative class by 2024. This provides Carlsbad with an opportunity to forge new and lasting relationships with members both within and outside its delegation. With a host of new lawmakers being sworn into office, it is difficult to accurately predict every potential emerging trend moving into the new two- year legislative session. However, based on our teams’ conversations with lawmakers, administration officials and Capitol staff, we believe that the following policy trends will develop in 2023. Projected State Budget Deficit Unlike in 2021 and 2022 when the State had an historic budget surplus, the Governor has indicated to state lawmakers that those days may be coming to an end. October marks the fourth straight month of state revenues coming in under projected amounts. According to the latest economic forecast released by the California Department of Finance (DOF), the State is expecting an 11.1 percent budget deficit. According to DOF, the State’s progressive tax strcuture is heavily relies on top earners. To put it into perspective, in 2020, income tax returns for the State’s top 1% of earners accounted for 49% of the money paid to the State in personal income tax that year, totaling $50.9 billion. Ongoing inflation, an underperforming stock market, and some layoffs or hiring freezes in high-paying tech jobs have impacted those earners, contributing to the State’s revenue situation.This will undoubtly have an impact on the State’s ability to allocate one-time local earmarks for critical local projects. The State’s Non-Partisan Legislative Analyst Office recently released a report projecting a FY 23-24 $24 billion deficit. The LAO states, “The budget problem is mainly attributable to lower revenue estimates, which are lower than budget act projections from 2021-22 through 2023-24 by $41 billion. Revenue losses are offset by lower spending in certain areas. Over the subsequent years of the forecast, annual deficits would decline from $17 billion to $8 billion”. Moreover, if history is any indication on future behavior, local governments need to be vigilant in protecting local revenues. Expect to see proposals that shift permanent programmatic funding obligation from the State down to the local level. Jan. 10, 2023 Item #6 Page 73 of 94 17 City of Carlsbad 2022 End of Year Report Addressing Rising Fuel Costs On November 29th, the California Energy Commission held an informational hearing to discuss fuel prices and company profits. Notably, not a single representative from the fuel industry who was invited to attend showed to the hearing. Shortly thereafter, Governor Newsom and Senator Nancy Skinner (D, Berkeley) the Senate Budget Chair, unveiled a proposed price gouging penalty on oil companies’ excess profits after the Governor declared a special legislative session to address the exorbitant prices Californians are paying at the gas pump. The language of the proposed price gouging penalty can be found here. The language in the Governor’s proposal is not fully vetted and he said he would spend the next 30 days working with leadership and lawmakers to continue to discuss the approach. Key highlights of the proposal consist of the following themes: • Create a new fossil fuels administrative body • Cap oil company profits • Penalties at a higher rate any earnings above the cap • Return said revenue back to taxpayers via rebates SBX1 2 (Skinner). In response, Assembly and Senate Republicans have introduced measures in the special session that address suspending the Motor Vehicle Fuel Tax. Depending on the exact language of these proposals, local agencies should be vigilant in ensuring that all “SB 1” local streets and road revenues are not impacted. All bills introduced December 5 must sit in print for 30 days before they may be acted upon; the Legislature officially reconvenes and opens for session on January 4, 2023. The oil industry is taking actions of its own. On Thursday September 29, Secretary of State Shirley Weber cleared for signature-gathering a proposed referendum to overturn SB 1137 (Gonzalez), a new law that would prohibit new or extensively retrofitted oil or gas wells within 3,200 feet of homes, schools, nursing homes and hospitals. Should the referendum gather the signatures needed to qualify for the ballot, SB 1137 would be suspended until the 2024 election whereby voters would have a choice to ratify or reject the law. Jan. 10, 2023 Item #6 Page 74 of 94 18 City of Carlsbad 2022 End of Year Report Taking the Housing “Policy” Approach to Homelessness Housing and policies related to mitigating the State’s rapidly increasing homelessness population will continue to be a major theme moving into the 2023-24 legislative session. On November 3, Governor Newsom announced that his office will reject every municipal homelessness action plan. His administration has indicated that they will be pushing the legislature to enact policies that mirror the recent trend we have seen in housing policy—less local discretion, more state required planning, and stronger state review and enforcement. He later authorized the funding after a closed-door meeting with a select few City and County officials. Local agencies should be prepared to see an influx of legislation that will require agencies to construct their “fair share” of emergency shelters, identify sites in all jurisdictional areas, and mandates that tie funding to approved plans. During the December 5 organizational session, newly elected Senator Catherine Blakespear (D, Encinitas) introduced SB 7. As of now, the measure has no substantive language, however the intent of the measure directly ties homelessness to the Regional Housing Needs Assessment (RHNA) process. More details will emerge in January. However, this is a key indicator that the Legislature will likely follow the hyper-focus “planning, oversight, review and enforcement” strategy on homelessness as we have seen in housing over the past four years. Jan. 10, 2023 Item #6 Page 75 of 94 19 City of Carlsbad 2022 End of Year Report LOOKING AHEAD: 2023 GRANT FUNDING Over the past several years, we have seen unprecedented levels of discretionary spending at the state and federal levels. California enjoyed record-breaking state surpluses, and the federal government enacted the Bipartisan Infrastructure Law (BIL) and the Inflation Reduction Act (IRA) to supercharge existing grant programs and create a wide range of new programs. It remains critically important that local governments prepare themselves to take advantage of these opportunities over the next five fiscal years. The importance of preparedness becomes even more pronounced in an environment where discretionary spending programs may begin to tighten. As mentioned previously, the State of California projects a $25 billion budget deficit over the next three years. In this environment, discretionary spending programs will be in the crosshairs of appropriators. At the federal level, with the change in party control of the U.S. House of Representatives, there may be efforts to pull back the full scope of spending levels authorized in the BIL and IRA as part of negotiations around annual omnibus spending bills and debt ceiling limits. RPPG will continue to monitor new developments in the coming year as we look at these potential changes in the grant funding opportunity landscape. However, we encourage all clients to proactively begin considering potential projects that align with these grant programs to prepare for solicitation releases throughout the upcoming year. Transportation Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Formerly known as the BUILD or TIGER grant, the RAISE program provides funds for capital investments in surface transportation infrastructure that have a significant local or regional impact. RAISE applications can support either Planning Projects or Capital Projects. Research, demonstration, or pilot projects are only eligible if they will result in long-term, permanent surface transportation infrastructure that has independent utility. The Bipartisan Infrastructure and Jobs Act allocated $7.5 billion in funding for the RAISE Grant Program over five fiscal years. • Deadline: 2/28/2023 • More information: https://www.transportation.gov/RAISEgrants Infrastructure for Rebuilding America (INFRA) The Infrastructure for Rebuilding America (INFRA) grant program awards competitive grants for multimodal freight and highway projects of national or regional significance to improve the safety, efficiency, and reliability of the movement of freight and people in and across rural and urban areas. The Bipartisan Infrastructure and Jobs Act allocated $8 billion in funding for the INFRA Grant Program over the five fiscal years. • Funding Cycle: Anticipated Q1/Q2 of 2023. • More information: https://www.transportation.gov/grants/infra-grants-program Jan. 10, 2023 Item #6 Page 76 of 94 20 City of Carlsbad 2022 End of Year Report Highways to Boulevards Program This is a new grant program, proposed by Gov. Newsom and included by the state legislature in the budget, that will be administered by Caltrans. Funding will be available for planning and implementation projects, with the goal of converting underutilized highways into multimodal corridors that serve existing residents by developing affordable housing and complete streets features. The program is meant to compliment investments made through the Bipartisan Infrastructure Law’s Reconnecting Communities Pilot Program, by both augmenting federal projects and funding new state projects that align with the goal of reconnecting communities that have been impacted by transportation infrastructure. • Funding Cycle: Application deadline anticipated for May 2023. • More information: https://dot.ca.gov/programs/local-assistance/fed-and-state-programs/rc-h2b Reconnecting Communities Program The Bipartisan Infrastructure Law creates a new $1 billion program at the Department of Transportation to reconnect communities divided by transportation infrastructure – particularly historically disadvantaged communities too often nearly destroyed or cut in half by a highway. This new competitive program will provide dedicated funding to state, local, metropolitan planning organizations, and Tribal governments for planning, design, demolition, and reconstruction of street grids, parks, or other infrastructure to address these legacy impacts. • Funding Cycle: Application period closed September 2022. FY 23 cycle timeline TBD. • More information: https://www.transportation.gov/grants/reconnecting-communities Clean California Local Grant Program The Clean California Local Grant Program is a competitive statewide program created to beautify and clean up local streets and roads, tribal lands, parks, pathways, transit centers, and other public spaces. Projects that can be accessed through the multimodal transportation network are encouraged. The program’s goals are to reduce the amount of waste and debris within public spaces, beautify and improve public spaces, enhance public health, cultural connection, and community placemaking, and advance equity for underserved communities. Cycle 2 includes approximately $100 million for community projects. • Funding Cycle: Anticipated application deadline in April 2023. • More Information: https://cleancalifornia.dot.ca.gov/local-grants/local-grant-program Railroad Crossing Elimination Program The Railroad Crossing Elimination Program is a new competitive grant program created by the Bipartisan Infrastructure and Jobs Act. This program will provide funds for the elimination of hazards at railway-highway crossings. Funding will be available for both Construction Grants and Planning Grants. The Bipartisan Infrastructure and Jobs Act allocates $500 million per fiscal year from FY 22 – FY 26, for a total of $2.5 billion in funding. • Funding Cycle: Application period closed October 2022. FY 23 cycle timeline TBD. Jan. 10, 2023 Item #6 Page 77 of 94 21 City of Carlsbad 2022 End of Year Report • More Information: https://railroads.dot.gov/grants-loans/competitive-discretionary-grant- programs/railroad-crossing-elimination-grant-program Bridge Investment Program The Bipartisan Infrastructure and Jobs Act contains a $36.7 billion appropriation to establish the competitive Bridge Investment Grant Program. Funding will support projects that replace, rehabilitate, preserve, or protect one or more bridges on the National Bridge Inventory or projects that replace or rehabilitate culverts for the purpose of improving flood control and improved habitat connectivity for aquatic species. • Funding Cycle: Application period closed September 2022. FY 23 cycle timeline TBD. • More Information: https://www.fhwa.dot.gov/bridge/bip/ Safe Streets and Roads for All The new Safe Streets and Roads for All (SS4A) discretionary program provides funding to support local initiatives to prevent death and serious injury on roads and streets, commonly referred to as ‘‘Vision Zero’’ or ‘‘Toward Zero Deaths’’ initiatives. The development and establishment of a Comprehensive Safety Action Plan is a key component of this program. Applications covering several entities are encouraged to apply. To apply for an Implementation Grant, an organization must have in place a Safety Action Plan that satisfies program requirements. The BIL allocates $200 million annually for FY 22-26. • Funding Cycle: Application period closed September 2022. FY 23 cycle timeline TBD. • More Information: https://www.transportation.gov/grants/SS4A PROTECT Program The Bipartisan Infrastructure Law provided $8.7 billion in funding to create the Promoting Resilient Operations for Transformative, Efficient, and Cost-Saving Transportation (PROTECT) discretionary grant program. Most of the funds ($7.3 billion) will be distributed by formula, and the remainder ($1.4 billion) will be distributed by competitive grant. Specifically, the program provides federal funding to projects to help communities address vulnerabilities due to weather, natural disasters, and climate change. The program also provides funds to plan transportation improvements and emergency response strategies to address those vulnerabilities. • Funding Cycle: Anticipated solicitation release in Q2 2023. • More Information: https://dot.ca.gov/programs/local-assistance/fed-and-state-programs/protect Parks and Recreation Statewide Park Development and Community Revitalization Program (SPP) The legislature allocated $75 million to the State Parks Program (SPP) in the FY 22-23 state budget. SPP is the premier grant opportunity for park construction/renovation projects. Projects should create new recreation opportunity(s) as the primary goal. Sites where the half-mile radius has a ratio of more than 3 acres of park space per 1,000 residents and the surrounding community has a median household income above $56,982 are not eligible for grant funding. Refer to the Community FactFinder for information about Jan. 10, 2023 Item #6 Page 78 of 94 22 City of Carlsbad 2022 End of Year Report potential project sites. Additionally, competitive SPP applications require a strong community engagement effort. Winning applications are typically able to reference community feedback when justifying the need for and design of the project. Applications submitted for Round 5 in 2023 may remain under consideration for additional state funding. The FY 22-23 budget included a plan to make $225 million available to SPP. However, the timing and feasibility of that plan may be impacted by the projected budget deficit. • Funding Cycle: Anticipated application deadline in late Spring/early Summer 2023. • More Information: https://www.parks.ca.gov/?page_id=29939 Outdoor Equity Grants The Outdoor Equity Grants Program will fund the creation of outdoor programs targeted and accessible to underserved communities. OEP will fund program operating and transportation costs, but not capital projects. Applicants must establish a “Community Home Base” that serves as a central gathering place in an underserved community. Examples include schools, recreation centers, community meeting spaces, local parks, etc. The legislature allocated $25 million in the FY 22-23 state budget to support issue another round of funding. • Funding Cycle: Applications will be due no earlier than November 2023. Final timeline TBD. • More Information: https://www.parks.ca.gov/?page_id=30443 Fire Response and Wildfire Mitigation Assistance to Firefighters Grant (AFG) The Assistance to Firefighters Grant (AFG) focuses on enhancing the safety of the public and firefighters with respect to fire and fire-related hazards. Agencies can submit applications under three designations: Operations and Safety, Vehicle Acquisition, or Regional Projects. For Operations and Safety applications, agencies may voluntarily designate their proposal as a “Micro Grant” (no more than $50,000). A mainstay of the annual competitive grant cycle, FEMA typically releases AFG applications in the early Winter. • Funding Cycle: Anticipated release Q1 2023. • More Information: https://www.fema.gov/grants/preparedness/firefighters Staffing for Adequate Fire Emergency Response (SAFER) The Staffing for Fire and Emergency Response (SAFER) Grant program provides funding directly to fire departments and volunteer firefighter interest organizations to assist in increasing the number of firefighters to help communities meet industry minimum standards and attain 24-hour staffing to provide adequate fire protection from fire and fire-related hazards, and to fulfill traditional missions of fire departments. The SAFER grants are typically available in the early Winter, after the AFG. • Funding Cycle: Anticipated release Q1/Q2 2023. • More Information: https://www.fema.gov/grants/preparedness/firefighters/safer Jan. 10, 2023 Item #6 Page 79 of 94 23 City of Carlsbad 2022 End of Year Report Fire Prevention and Safety Grant Program (FP&S) The Fire Prevention and Safety Grant Program (FP&S) provides financial assistance for fire prevention programs and programs that support firefighter health and safety research and development. Organizations can apply under one of two categories: Fire Prevention and Safety or Research and Development. • Funding Cycle: Anticipated release Q1/Q2 2023. • More Information: https://www.fema.gov/grants/preparedness/firefighters/safety-awards Wildfire Prevention Grants Program The Wildfire Prevention Grants Program provides funding for fire prevention projects and activities in and near fire threatened communities. Funded activities include hazardous fuels reduction, wildfire prevention planning, and wildfire prevention education with an emphasis on improving public health and safety while reducing greenhouse gas emissions. The legislature allocated $80 million to this program in the FY 22-23 state budget. • Deadline: 3/15/2023 • More Information: https://www.fire.ca.gov/grants/wildfire-prevention/ Community Wildfire Defense Grant The purpose of the Community Wildfire Defense Grant is to assist at-risk local communities and Indian Tribes with planning for and mitigating against the risk created by wildfire. There are two primary project types for which the grant provides funding: The development and revising of Community Wildfire Protection Plans (CWPP), and the implementation of projects described in a CWPP that is less than ten years old. The program prioritizes at-risk communities that are in an area identified as having high or very high wildfire hazard potential, are low-income, and/or have been impacted by a severe disaster. This program is funded by the Bipartisan Infrastructure Law. • Funding Cycle: Application period closed October 2022. FY 23 timeline TBD. • More Information: https://www.fs.usda.gov/managing-land/fire/grants Housing and Homelessness Encampment Resolution Funding (ERF) The Encampment Resolution Funding (ERF) grants will fund local demonstration projects that provide services to address the immediate crisis of experiencing unsheltered homelessness in encampments, support people living in encampments onto paths to safe and stable housing, and result in sustainable restoration of public spaces to their intended uses. Each application must identify and focus on one encampment site or a collection of closely linked encampment sites. This grant is not intended to be the sole funding source for a new encampment resolution project. There is no match requirement, but applicants must demonstrate that they are leveraging other sources of funding. Additionally, projects must comply with the principles of Housing First approaches. The state legislature has appropriated $700 million to issue grants over the next two years. Jan. 10, 2023 Item #6 Page 80 of 94 24 City of Carlsbad 2022 End of Year Report • Deadlines: 2/28/2023, 4/30/2023, and 6/30/2023 • More Information: https://www.bcsh.ca.gov/calich/erf_program.html Project Homekey 3.0 Project Homekey provides funding to rapidly sustain and expand the inventory of housing for people experiencing homelessness or at risk of homelessness. Homekey is an opportunity for local public agencies to purchase motels and a broad range of other housing types to increase their community's capacity to respond to homelessness. The state legislature allocated an additional $150 million to support a third round of competitive funding. • Funding Cycle: Anticipated funding cycle opening in Spring 2023. • More Information: https://www.hcd.ca.gov/grants-and-funding/homekey Infill Infrastructure Grant Catalytic Program (IIGC) The purpose of the Infill Infrastructure Grant Catalytic Program (IIGC) is to provide critical infrastructure funding necessary to unlock sites for residential development. IIGC supports adaptive reuse of industrial or business parks, vacant shopping centers, strip malls, or scattered sites with vacant or underutilized structures by providing financial assistance for Capital Improvement Projects that are an integral part of, or necessary to facilitate, the development of housing with Catalytic Qualifying Infill Areas (CQIAs). • Deadline: Concept proposals are due 1/31/23. • More Information: https://www.hcd.ca.gov/grants-and-funding/programs-active/infill-infrastructure- grant Infill Infrastructure Grant Program (IIG) The Infill Infrastructure Grant (IIG) program’s primary objective is to promote infill housing development by providing financial assistance for Capital Improvement Projects that are an integral part of or necessary to facilitate the development of a Qualifying Infill Project or a Qualifying Infill Area. All applications must include a Qualifying Infill Project. This program is part of the Multifamily Finance Super NOFA published by CalHCD. • Funding Cycle: Application deadline scheduled for June 2023. • More Information: https://www.hcd.ca.gov/grants-and-funding/programs-active/infill-infrastructure- grant Multifamily Housing Program (MHP) The Multifamily Housing Program (MHP) provides financing options to assist the new construction, rehabilitation, and preservation of permanent and transitional rental housing for lower income households. The initial term of the loan shall be 55 years. The MHP loan amount shall not exceed the total eligible costs required. This program is part of the Multifamily Finance Super NOFA published by CalHCD. • Funding Cycle: Application deadline scheduled for June 2023. • More Information: https://www.hcd.ca.gov/grants-and-funding/programs-active/multifamily- housing-program Jan. 10, 2023 Item #6 Page 81 of 94 25 City of Carlsbad 2022 End of Year Report Veterans Housing and Homelessness Prevention Program (VHHP) VHHP provides loans to support affordable multifamily housing for veterans and their families. Applicants must demonstrate clear market demand for the proposed project and target population. VHHP loans have an initial term of 55 years or longer. Projects cannot use funds from multiple CalHCD grant or loan programs to support development. This program is part of the Multifamily Finance Super NOFA published by CalHCD. • Funding Cycle: Application deadline scheduled for June 2023. • More Information: https://www.hcd.ca.gov/grants-and-funding/programs-active/veterans-housing- and-homelessness-prevention Farmworker Housing Grant Program (FWHG) The Farmworker Housing Grant Program (FWHG) finances the new construction, rehabilitation, and acquisition of owner-occupied and rental units for agricultural workers, with a priority for lower income households through deferred-payment loans. New Construction or Rehabilitation Loans: Lien restrictions for assisted units are required for 55 years. Loans may be made in conjunction with low-income tax credit financing. This program is part of the Multifamily Finance Super NOFA published by CalHCD. • Funding Cycle: Application deadline scheduled for June 2023. • More Information: https://www.hcd.ca.gov/grants-and-funding/programs-active/joe-serna-jr- farmworker-housing-grant Affordable Housing and Sustainable Communities (AHSC) The AHSC Program is designed to implement GHG emissions reductions through a reduction of vehicle miles travelled (VMT), or fewer and shorter auto-trips. The AHSC Program will fund integrated land use and transportation projects supporting low-carbon transportation options. Promoting mode shift to low-carbon transportation will require strategies that link residential areas, major employment centers and other Key Destinations to accessible, reliable, affordable, safe, and comfortable transit, and active transportation options. • Funding Cycle: Application deadline scheduled for March 2023. • More Information: https://sgc.ca.gov/programs/ahsc/ Sustainability and Climate Adaptation Adaptation Planning Grant Program The Adaptation Planning Grant Program (APGP) will provide $25 million to help fill local, regional, and tribal planning needs, provide communities the resources to identify climate resilience priorities, and support the development of a pipeline of climate resilient infrastructure projects across the state. The Governor’s Office of Planning and Research will issue the first round of competitive funding in 2023. • Deadline: 3/31/2023 • More Information: https://www.opr.ca.gov/climate/icarp/grants/adaptation-planning-grant.html Jan. 10, 2023 Item #6 Page 82 of 94 26 City of Carlsbad 2022 End of Year Report Urban and Community Forestry Program The Urban and Community Forestry Program provides funding for projects that reduce greenhouse gas emissions and improve functionality of urban forests, arrest the decline of urban forest resources, address climate change resilience, improve the quality of the environment in urban areas, and optimize co-benefits to urban residents. • Funding Cycle: Program Guidelines for FY 22/23 will be published in early 2023. • More Information: https://www.fire.ca.gov/grants/urban-and-community-forestry-grant-programs/ Community Resilience Centers Grant Program This grant program is intended to fund the construction of new facilities or the retrofit of existing facilities that will serve as community resilience centers, including hydration stations, cooling centers, clean air centers, respite centers, community evacuation and emergency response centers, and similar facilities to mitigate the public health impacts of extreme heat and other emergency situations exacerbated by climate change, such as wildfire, power outages, or flooding, on local populations. These centers will serve as both community emergency response facilities and to build long-term resilience, preparedness, and recovery operations for local communities. • Funding Cycle: Application deadline scheduled for April 2023. • More Information: https://sgc.ca.gov/programs/community-resilience-centers/ Charging and Fueling Infrastructure Grants The Bipartisan Infrastructure Law creates a new competitive grant program to strategically deploy publicly accessible electric vehicle charging infrastructure and other alternative fueling infrastructure along designated alternative fuel corridors. The Charging and Fueling Infrastructure Grants is composed of two categories: Community Charging and Corridor Charging. The Community Charging Grant can be used to install electric vehicle charging and alternative fuel in locations on public roads, schools, parks, and in publicly accessible parking facilities. The Corridor Charging Grant will be used to Deploy electric vehicle charging and hydrogen/propane/natural gas fueling infrastructure along designated alternative fuel corridors and in communities. • Funding Cycle: Application deadline scheduled for April 2023. • More Information: https://www.transportation.gov/rural/ev/toolkit/ev-infrastructure-funding-and- financing/federal-funding-programs Low or No Emission Transit Vehicle Program The purpose of the Low-No Program, funded through the Bipartisan Infrastructure Law, is to support the transition of the nation’s transit fleet to the lowest polluting and most energy efficient transit vehicles. The Low-No Program provides funding to state and local governmental authorities for the purchase or lease of zero-emission and low-emission transit buses, including acquisition, construction, and leasing of required supporting facilities. • Funding Cycle: Application period closed May 2022. FY 23 cycle timeline TBD. Jan. 10, 2023 Item #6 Page 83 of 94 27 City of Carlsbad 2022 End of Year Report • More Information: https://www.transit.dot.gov/lowno Climate Pollution Reduction Grants The Inflation Reduction Act will provide $5 billion in funding to provide grants for developing plans to reduce GHG air pollution and implement projects identified in qualifying GHG air pollution reduction plans. • Funding Cycle: RPPG is monitoring the creation of new grant programs through the IRA and will provide additional information as it becomes available. Assistance for the Latest and Zero Building Energy Code Adoption The Inflation Reduction Act will provide $670 million in grants for states and local governments to adopt building codes that meet or exceed zero energy provisions in the 2021 International Energy Conservation Code or an equivalent stretch code. • Funding Cycle: RPPG is monitoring the creation of new grant programs through the IRA and will provide additional information as it becomes available. Clean Heavy-Duty Vehicles Program The Inflation Reduction Act will provide $670 million in grants for states and local governments to adopt building codes that meet or exceed zero energy provisions in the 2021 International Energy Conservation Code or an equivalent stretch code. • Funding Cycle: RPPG is monitoring the creation of new grant programs through the IRA and will provide additional information as it becomes available. Water Quality and Conservation Water and Energy Efficiency Grant (WEEG) The Water and Energy Efficiency Grants (WEEG) program provides funding for projects that result in quantifiable water savings, implement renewable energy components, and support broader sustainability benefits. These projects conserve and use water more efficiently, increase the production of renewable energy, mitigate conflict risk in areas at high risk of future water conflict, and accomplish other benefits that contribute to sustainability in the western United States. • Funding Cycle: Application period for FY 23 closed July 2022. FY 24 timeline TBD. Staff from the Bureau of Reclamation have indicated that they will follow a similar schedule in 2023. • More Information: https://www.usbr.gov/watersmart/weeg/ Small-Scale Water Efficiency Projects (SWEP) Through the WaterSMART Small-Scale Water Efficiency Projects Reclamation provides 50/50 cost share funding to irrigation and water districts, tribes, states and other entities with water or power delivery authority for small water efficiency improvements that have been identified through previous planning efforts. Projects eligible for funding include installation of flow measurement or automation in a specific part of a water Jan. 10, 2023 Item #6 Page 84 of 94 28 City of Carlsbad 2022 End of Year Report delivery system, lining of a section of a canal to address seepage, or other similar projects that are limited in scope. • Funding Cycle: Application period for FY 23 closed April 2022. FY 24 timeline TBD. Staff from the Bureau of Reclamation have indicated that they will follow a similar schedule in 2023. • More Information: https://www.usbr.gov/watersmart/swep/index.html Water Reclamation and Reuse Program (WRRP) Through the Water Reclamation and Reuse Program (WRRP), known also as the Title XVI program, the U.S. Bureau of Reclamation identifies and investigates opportunities to reclaim and reuse wastewaters and impaired ground and surface water in the 17 Western States and Hawaii. Title XVI includes funding for the planning, design, and construction of water recycling and reuse projects in partnership with local government entities. • Funding Cycle: Application period for FY 23 closed March 2022. FY 24 timeline TBD. Staff from the Bureau of Reclamation have indicated that they will follow a similar schedule in 2023. • More Information: https://www.usbr.gov/watersmart/title/ Drought Resiliency Project (DRP) The Drought Resiliency Projects (DRP) program supports projects that build long-term resilience to drought and reduce the need for emergency response actions. These projects are generally in the final design stage—environmental and cultural resources compliance may have been initiated, and the non-federal funding, necessary permits, and other required approvals have been secured. This is an annual funding competition from the U.S. Bureau of Reclamation. • Funding Cycle: Application period for FY 23 closed June 2022. FY 24 timeline TBD. Staff from the Bureau of Reclamation have indicated that they will follow a similar schedule in 2023. • More Information: https://www.usbr.gov/drought/ Urban Community Drought Relief Program The Urban Community Drought Relief Program is one of two Department of Water Resources’ (DWR’s) Drought Relief Grant Programs that offers financial assistance to address drought impacts through implementation of projects with multiple benefits. Urban water suppliers defined as those that provide drinking water with 3,000 connections or more or more than 3,000 acre-feet per year. The Department of Water Resources will be allocating $300 million in funding for FY 22/23. • Deadline: 1/31/2023 • More Information: https://water.ca.gov/Water-Basics/Drought/Urban-Drought-Grant Integrated Regional Water Management Grant (IRWM) The Integrated Regional Water Management (IRWM) program is a collaborative effort to manage all aspects of water resources in a region. IRWM projects cross jurisdictional, watershed, and political boundaries; involve multiple agencies, stakeholders, individuals, and groups; and attempt to address the issues and Jan. 10, 2023 Item #6 Page 85 of 94 29 City of Carlsbad 2022 End of Year Report differing perspectives of all entities involved through mutually beneficial solutions. To apply, the IRWM region must have been accepted into the IRWM Grant Program through the Regional Acceptance Process. Projects must be included in an adopted IRWM Plan. • Deadline: 2/1/2023 • More Information: https://water.ca.gov/work-with-us/grants-and-loans/irwm-grant-programs Economic and Workforce Development Public Works and Economic Adjustment Assistance (PWEAA) EDA funds Public Works (PW) projects to meet the construction and/or infrastructure design needs of communities to enable them to become more economically competitive. Economic Adjustment Assistance (EAA) projects should catalyze public-private partnerships to foster collaboration, attract investment, create jobs, and promote economic resiliency and prosperity. Projects must be related to a current Comprehensive Economic Development Strategy (CEDS). All EDA projects should advance bottom-up economic development and prioritize the creation of living wage jobs. • Funding Cycle: Applications are accepted and approved on an ongoing basis. It is recommended to submit a project prior to 3/15 for consideration for that fiscal year. • More Information: https://www.eda.gov/funding/programs/public-works & https://www.eda.gov/funding/programs/economic-adjustment-assistance Build to Scale Program (B2S) EDA’s Office of Innovation and Entrepreneurship (OIE) leads the Build to Scale (B2S) program. Under the Build to Scale program, EDA manages a portfolio of national grant competitions that further increase the capacities of regions to plan and implement ecosystems that support innovators, entrepreneurs, and startups that are growing technology-driven businesses, creating high-skill, high-wage jobs, and building the industries of the future. • Funding Cycle: Application period closed June 2022. Timeline for FY 23 applications TBD. • More Information: https://www.eda.gov/funding/programs/build-to-scale Economic Diversification Pilot Projects The Community Economic Resilience Fund (CERF) Pilot Projects solicitation will fund projects aligned with the values of the CERF program that demonstrate potential uses of CERF implementation funds. To be eligible for funding, a Pilot Project proposal must be presented as part of a plan approved or adopted by a local or regional entity within the past five years. • Funding Cycle: Solicitation will be released in January 2023. • More Information: https://opr.ca.gov/economic-development/ Jan. 10, 2023 Item #6 Page 86 of 94 30 City of Carlsbad 2022 End of Year Report Public Safety and Criminal Justice COPS Hiring Program The goal of the COPS Hiring Program (CHP) is to provide funding directly to law enforcement agencies to hire and/or rehire additional career law enforcement officers to increase their community policing capacity and crime prevention efforts. Any budget cuts contributing to the need for CHP funding must be unrelated to the receipt of CHP award funds to avoid supplanting. • Funding Cycle: Application period closed June 2022. Timeline for FY 23 solicitation TBD. • More Information: https://cops.usdoj.gov/chp School Violence Prevention Program The goal of the School Violence Prevention Program (SVPP) is to improve security at schools and on school grounds through the implementation of evidence-based school safety programs and technology. Funds cannot be used to pay for salaries and benefits of sworn officers or civilian security guards. • Funding Cycle: Application period closed June 2022. Timeline for FY 23 solicitation TBD. • More Information: https://cops.usdoj.gov/svpp Community Policing Development Microgrants Program Community Policing Development (CPD) Microgrants Program funds are used to develop law enforcement’s capacity to implement community policing strategies by providing funding to local, state, tribal, and territorial law enforcement agencies. When properly applied, community policing improves the identification and prioritization of community problems; builds trust and relationships between law enforcement and the communities they serve; and enables an agency to build a culture toward accountability, transparency, open communication, and mutual trust. • Funding Cycle: Application period closed June 2022. Timeline for FY 23 solicitation TBD. • More Information: https://cops.usdoj.gov/cpdmicrogrants Law Enforcement Mental Health and Wellness Act (LEMHWA) Program The Law Enforcement Mental Health and Wellness Act (LEMHWA) program will fund projects that develop knowledge; increase awareness of effective mental health and wellness strategies; increase the skills and abilities of law enforcement; and increase the number of law enforcement agencies and relevant stakeholders using peer support, training, family resources, suicide prevention, and other promising practices for wellness programs. • Funding Cycle: Application period closed April 2022. Timeline for FY 23 solicitation TBD. • More Information: https://cops.usdoj.gov/lemhwa Officer Wellness and Mental Health Grant Program The legislature approved funding in the FY 22-23 state budget to establish this new grant program through the Board of State and Community Corrections. Funding can be used for establishing or expanding officer Jan. 10, 2023 Item #6 Page 87 of 94 31 City of Carlsbad 2022 End of Year Report wellness units, establishing or expanding peer support units, providing services from licensed mental health professionals or counselors that work with law enforcement, expanding multiagency mutual aid programs focused on officer wellness and mental health, and other programs and services that are evidence-based or have a track record of enhancing officer wellness. More information is expected to come out as program guidelines are developed. • Funding Cycle: Solicitation will be released in January 2023. • More Information: https://opr.ca.gov/economic-development/ Community Infrastructure Broadband Local Agency Technical Assistance Local Agency Technical Assistance (LATA) grants provide reimbursement for local agencies for pre- construction expenses that facilitate development of broadband network deployment projects to areas in need. Grants may be used to reimburse eligible costs such as environmental, feasibility, and engineering design studies or reports; needs assessments, market studies, broadband strategic plans, and business plans; forming a joint powers authority; and consultant and community-based organization services. • Deadline: Applications being accepted until funding is exhausted. • More Information: https://www.cpuc.ca.gov/industries-and-topics/internet-and-phone/broadband- implementation-for-california/local-agency-technical-assistance Building Forward: Library Infrastructure Grant The Building Forward infrastructure grant program provides one-time funds to create an equity-focused matching program to support local library maintenance, capital projects. Priority will be given to project requests for local libraries in high-poverty areas of the state and projects that address life-safety and other critical maintenance and infrastructure projects. Projects should be community-specific and focus on individual library outlets/buildings. • Funding Cycle: Tentative deadline set for 3/23/2023. • More Information: https://www.library.ca.gov/grants/infrastructure/ Hazard Mitigation Building Resilient Infrastructure and Communities (BRIC) The Building Resilient Infrastructure and Communities (BRIC) program makes federal funds available for pre-disaster mitigation activities. The program seeks to encourage and enable innovation, promote partnerships, provide a significant opportunity to reduce future losses, and support high-impact investments. Applicants must provide a Benefit-Cost Analysis for infrastructure proposals. Applicants must be covered under an active Local Hazard Mitigation Plan (LHMP) to apply for funding. Project scoping funding can be requested to prepare for a future BRIC implementation grant proposal. Jan. 10, 2023 Item #6 Page 88 of 94 32 City of Carlsbad 2022 End of Year Report • Funding Cycle: Timeline for FY 23 applications TBD. For FY 22, Notices of Interest were due 9/16/2022 and full Subapplications were due 12/2/2022. • More Information: https://www.caloes.ca.gov/office-of-the-director/operations/recovery- directorate/hazard-mitigation/bric/ Flood Mitigation Assistance (FMA) The Flood Mitigation Assistance (FMA) program makes federal funds available to states, U.S. territories, tribal governments, and local communities to reduce or eliminate the risk of repetitive flood damage to buildings and structures insured under the National Flood Insurance Program (NFIP). Applicants must provide a Benefit-Cost Analysis for infrastructure proposals. Applicants must be covered under an active Local Hazard Mitigation Plan (LHMP) to apply for funding. Project scoping funding can be requested to prepare for a future BRIC implementation grant proposal. • Funding Cycle: Timeline for FY 23 applications TBD. For FY 22, Notices of Interest were due 9/16/2022 and full Subapplications were due 12/2/2022. • More Information: https://www.caloes.ca.gov/office-of-the-director/operations/recovery- directorate/hazard-mitigation/flood-mitigation-assistance/ ———————————————— END OF REPORT Jan. 10, 2023 Item #6 Page 89 of 94 City of Carlsbad Federal Update January 3, 2023 FY23 Omnibus Appropriations Package Signed Into Law Right before the Christmas holiday, Congress passed, and the President signed into law, the Fiscal Year (FY) 2023 omnibus appropriations package. The $1.7 trillion package contains all twelve FY23 appropriations bills, totaling over 4,155 pages, and includes increases in funding for both defense and non-defense discretionary programs. Community projects (formerly known as earmarks) are also included in the omnibus package. The package also includes the “State, Local, Tribal, and Territorial Fiscal Recovery, Infrastructure, and Disaster Relief Flexibility Act” (S. 3011). The bill would give state and local governments the flexibility to spend funds from the American Rescue Plan and the CARES Act on transportation, transit, and local development projects. Administration Releases Inflation Reduction Act Guidebook The White House has released an Inflation Reduction Act (IRA) guidebook entitled “Building a Clean Energy Economy: A Guidebook to the Inflation Reduction Act’s Investments in Clean Energy and Climate Action.” This guidebook is like what the Administration released after the passage of the Bipartisan Infrastructure Law (BIL). Additionally, in the coming months, the Administration will launch a website for the IRA (www.cleanenergy.gov) that will provide additional and updated information on the implementation of the IRA. DOT Issues RAISE NOFO The Department of Transportation (DOT) issued a notice of funding opportunity (NOFO) for the availability of $1.5 billion in funding through the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) discretionary grant program. RAISE discretionary grants help project sponsors at the State and local levels, including municipalities, Tribal governments, counties, and others, complete critical freight and passenger transportation infrastructure projects. The eligibility requirements of RAISE allow project sponsors to obtain funding for projects that are harder to support through other U.S. DOT grant programs. Applications are due by February 28th, and project selections will be announced by the end of June. More information can be found HERE. EPA and Army Corps Announces Upcoming WOTUS Rule The Environmental Protection Agency (EPA) and USACE announced the pre-publication notice for the Waters of the United States (WOTUS) final rule. The WOTUS rule defines the scope of federal jurisdiction over waters and wetlands under the jurisdiction of the Clean Water Act. During the Obama Administration, EPA and USACE attempted to redefine WOTUS, Exhibit 5 Jan. 10, 2023 Item #6 Page 90 of 94 2 www.carpiclay.com issuing a final rule in 2015. The Trump Administration rescinded the Obama-rule and then issued its own rule, entitled “Navigable Waters Protection Rule.” The Biden Administration rescinded the Trump-rule and went through the process of drafting a new rule. The pre-publication notice of the final rule can be found HERE. Senate Releases 2023 Schedule Following the conclusion of the runoff election in Georgia, Senate Majority Leader Chuck Schumer (D-NY) released the Senate calendar for 2023. Last month, incoming House Majority Leader Steve Scalise (R-LA) released the House calendar for 2023. A combined House and Senate calendar can be found HERE. Treasury Publishes Guidance on IRA Labor Requirements The Department of the Treasury (Treasury) released initial guidance on the prevailing wage and apprenticeships requirement for energy tax credits authorized by the IRA. The guidance will apply to the following tax credits: Advanced Energy Project Credit Alternative Fuel Refueling Property Credit Credit for Carbon Oxide Sequestration Clean Fuel Production Credit Credit for Production of Clean Hydrogen Energy Efficient Commercial Buildings Deduction Renewable Energy Production Tax Credit Renewable Energy Property Investment Tax Credit House Democrats Announce Committee Leaders for 118th Congress Incoming Democratic Leader Hakeem Jeffries (D-NY) announced that Ranking Members for Committees in the 118th Congress as follows: Administration: Rep. Joe Morelle (D-NY) Agriculture: Rep. David Scott (D-GA) Appropriations: Rep. Rosa DeLauro (D-CT) Armed Services: Rep. Adam Smith (D-WA) Budget: Rep. Brendan Boyle (D-PA) Education and Labor: Rep. Bobby Scott (D-VA) Energy and Commerce: Rep. Frank Pallone (D-NJ) Ethics: Rep. Susan Wild (D-PA) Financial Services: Rep. Maxine Waters (D-CA) Foreign Affairs: Rep. Gregory Meeks (D-NY) Homeland Security: Rep. Bennie Thompson (D-MS) Judiciary: Rep. Jerrold Nadler (D-NY) Natural Resources: Rep. Raúl Grijalva (D-AZ) Oversight & Reform: Rep. Jamie Raskin (D-MD) Rules: Rep. Jim McGovern (D-MA) Science, Space and Technology: Rep. Zoe Lofgren (D-CA) Small Business: Rep. Nydia Velázquez (D-NY) Transportation and Infrastructure: Rep. Rick Larsen (D-WA) Veterans’ Affairs: Rep. Mark Takano (D-CA) Jan. 10, 2023 Item #6 Page 91 of 94 3 www.carpiclay.com  Ways and Means: Rep. Richard Neal (D-MA) Federal Funding Opportunities/Announcements DOE Publishes NOI for Carbon Conversion Program. DOE published an NOI for the Carbon Utilization Procurement Grant program. The program, established by BIL, would provide grants to states, local governments, and public utilities to support the commercialization of technologies that reduce carbon emissions while also procuring and using commercial or industrial products developed from captured carbon emissions. More information can be found HERE. DOI Announces $228 Million in BIL Funding for Wildfire Mitigation and Resilience. The Department of the Interior (DOI) announced $228 million in BIL funding to support wildland fire management in FY23. The funding will support continuing pay increases for federal firefighters, new training opportunities, fuel management work to reduce fire risk, burned area rehabilitation, and increased funding for research on fire risks. More information can be found HERE. FAA Announces AIP Grant Allocations Under BIL. The Federal Aviation Administration (FAA) announced the FY 2023 Airport Improvement Program (AIP) grant allocations under BIL. All airport allocations can be found HERE. FAA Announces AIP Grant Awards for Winter Operations. FAA announced more than $76 million in airport improvement program (AIP) grant awards to 85 airports in 28 states for snowplows, de-icing equipment, and new or upgraded buildings to help store winter equipment. A full list of grant awards can be found HERE. FCC Announces ACP Community Outreach and YHYI Funding. The Federal Communications Commission (FCC) announced a NOFO for the Affordable Connectivity Outreach Grant Program (ACP) and the Your Home, Your Internet (YHYI) Program. YHYI is designed to increase awareness of the Affordable Connectivity Program (ACP) among households receiving federal housing assistance. ACP, authorized by BIL, will help community messengers develop innovative outreach strategies to reach historically unserved and underserved communities. Applications are due by January 9th, and more information can be found HERE. Federal Agency Personnel/Regulatory Announcements Census Bureau Proposes Changes to Population Estimates Challenge. The U.S. Census Bureau proposed changes for the Population Estimates Challenge Program which provides eligible general-purpose governmental entities (units) with the opportunity to file requests for the review of their population estimates for 2021 and subsequent years in forthcoming estimates series, beginning with the Vintage 2022 series that is scheduled to be published in 2023. The Census Bureau is proposing to amend its regulations to update references to the input data used to produce the official population estimates and revise the evidence required to support a challenge. More information can be found HERE. Jan. 10, 2023 Item #6 Page 92 of 94 4 www.carpiclay.com DHS Announces Extension of REAL ID Enforcement Deadline. The Department of Homeland Security (DHS) announced its intent to extend the REAL ID full enforcement date by 24 months, from May 3rd, 2023, to May 7th, 2025. Under the new regulations published to execute this change, states will now have additional time to ensure their residents have driver’s licenses and identification cards that meet the security standards established by the REAL ID Act. More information can be found HERE. DOE Releases Proposed Rule to Phase Out Compact Fluorescent Lightbulbs. DOE released a proposed rule to phase out compact fluorescent lightbulbs. DOE is hosting a webinar on February 1st at 1:00 pm EST on the proposal and registration can be found HERE. More information on the proposed rule can be found HERE. DOT and DOE Announce Joint Office Technical Assistance for School Districts, Transit Agencies, and Tribal Nations. DOT and DOE announced updates to its website, to be more inclusive of additional Joint Office stakeholders by adding technical assistance resources for school districts, transit agencies, and tribal nations. The website can be found HERE. DOT Released Updated BIL Resources. DOT released updated resources related to BIL, including:  Open BIL funding opportunities  New state-by-state fact sheets  Maps Dashboard – Announced BIL funding DOT Releases Technical Assistance Resources Database. DOT released a technical assistance database that includes programs, processes and resources that provide targeted support to help them access and deploy federal funding. The database can be accessed HERE. DOT Updates FAQs on Meaningful Public Involvement in Transportation Decision- Making. DOT updated the frequently asked questions (FAQs) to help local governments understand what types of costs may be eligible for public involvement activities. The updated FAQs can be found HERE. EPA Announces Senior Advisor for Greenhouse Gas Reduction Fund. EPA announced that Jahi Wise will serve as Senior Advisor to the Administrator and Acting Director for the Greenhouse Gas Reduction Fund program. Wise previously served as Special Assistant to President Biden for Climate Policy and Finance in the White House Office of Domestic Climate Policy. More information on GGRF can be found HERE. EPA Publishes Updated Emissions Rule for Heavy-Duty Engines and Vehicles. EPA published a Final Rule on emissions standards for heavy-duty engines and vehicles to reduce ozone and particulate matter emissions further. By 2045, the new rule is expected to cut emissions of nitrogen oxides (NOx) from the heavy-duty vehicle sector by about 48 percent. The new standards are scheduled to take effect for model year 2027 vehicles. The Final Rule can be found HERE. FHWA Announces EDC Transportation Innovations. FHWA announced the latest round of transportation innovations through the Every Day Counts (EDC) Program. EDC is a state-based program that that helps identify and rapidly deploy proven, yet underutilized, Jan. 10, 2023 Item #6 Page 93 of 94 5 www.carpiclay.com innovations that facilitate greater efficiency in project delivery at the state, local and tribal levels. More information can be found HERE. HUD Releases 2022 Annual Homeless Assessment Report. The Department of Housing and Urban Development (HUD) released its 2022 Annual Homeless Assessment Report (AHAR) Part 1 to Congress. HUD releases the AHAR to Congress in two parts. Part 1 provides Point-in-Time (PIT) estimates, offering a snapshot of homelessness on a single night. The report and more information can be found HERE. Treasury Releases Information on IRA Clean Vehicles Provisions. Treasury released the following additional guidance on the clean vehicles provisions included in the Inflation Reduction Act (IRA):  FAQs  Notice of Incremental Costs  Notice of Intent of Proposed Regulations  White Paper USICH Releases Plan to Reduce Homelessness. The US Interagency Council on Homelessness (USICH) released a report titled “All In: The Federal Strategic Plan to Prevent and End Homelessness.” USICH encourages state and local governments to use the plan as a blueprint for creating their own plans to prevent and end homelessness and setting their own ambitious goals for 2025. The report can be found HERE. ## ## ## Jan. 10, 2023 Item #6 Page 94 of 94 Jason Haber Intergovernmental Affairs Director January 10, 2023 2023 Legislative Platform and Program Update PROPOSED ACTION •Adopt a resolution approving the City of Carlsbad 2023 Legislative Platform. •Direct staff to advocate for two city- sponsored legislative proposals and funding. •Receive reports on state and federal legislative & budget activity and provide feedback. ITEM 6: Legislative Update 2022: Year in Review •$94 billion dollar budget surplus –Climate Action (Resources/Energy) –Housing –Infrastructure –Homelessness/Mental Health •Measures introduced: 2,353 •Measures advancing to Governor’s desk: 1,434 Renne Public Policy Group │ www.publicpolicygroup.com 3 2022: Year in Review Renne Public Policy Group │ www.publicpolicygroup.com 4 TWO CITY-SPONSORED BILLS BECAME LAWS: AB 1672 AND AB 1682 (BOERNER HORVATH) 2023 State Legislative Calendar •January 4 —Legislature reconvenes •January 10 —FY23-24 budget submitted by the Governor •February 17 —Last day for bills to be introduced in the 2023 session •March 30 –April 10 —Legislative Spring Recess •April 10 -May 27 —Items moving through the legislative process •Early May —Governor presents “May Revision” of FY23-24 budget proposal •June 30 —FY23-24 Budget must be signed by the Governor •July 14 -August 14—Legislative Summer Recess •August 14—Last month of session begins •September 14—Last day for each house to pass bills •October 14 –Last day for Governor to sign or veto bills passed by Legislature. Renne Public Policy Group │ www.publicpolicygroup.com 5 Assembly Leadership •Current Assembly Speaker Anthony Rendon (D, Lakewood) will remain as Speaker until June 30. –Assemblymember Chris Ward (D, San Diego) is Speaker pro Tempore and a key member of Democratic Leadership. •Assemblymember Boerner Horvath (D, Encinitas) has been appointed Chair of the Communications and Conveyance Committee *Full memberships have yet to be announced. •As of July 1, Robert Rivas (D, Salinas) will succeed Rendon as Assembly Speaker. Renne Public Policy Group │ www.publicpolicygroup.com 6 Senate Committees •Senate President pro Tempore Toni Atkins announced her committee memberships on January 5, 2023. •Senator Blakespear has been appointed to the following committees: Renne Public Policy Group │ www.publicpolicygroup.com 7 Standing Committees Governance and Finance Housing Transportation Joint Legislative Committee Audit Climate Change FY 2023-24: State Budget Proposal -Program delays and 10-15% cuts to close $22.5 billion budget gap (…not tapping into reserves) -Budget priorities: –Transforming public education and higher ed –Addressing the homelessness crisis –Expanding housing affordability –Increasing health care access –Fighting climate change –Keeping Californians safe –Investing in economic development Renne Public Policy Group │ www.publicpolicygroup.com 8 2023 LEGISLATIVE PLATFORM APPROVAL •City Council Policy 39 / Resolution 2019-137 •Legislative Subcommittee annual review •City Council approves changes as needed •Departmental/Consultant review and input ITEM 6: Legislative Update 2023 LEGISLATIVE PLATFORM APPROVAL •Staff and Legislative Subcommittee recommend approval •2023 Legislative Priorities 1. Community Character 2. Quality of Life & Safety 3. Sustainability & the Natural Environment 4. Economic Vitality 5. Organizational Excellence & Fiscal Health ITEM 6: Legislative Update FUNDING REQUESTS •Opportunity for state & federal legislators to request state budget appropriations •Identified priority projects in need of funding and aligned with state priorities •Multi-year effort ITEM 6: Legislative Update FUNDING REQUESTS •Utility undergrounding •Stagecoach Park Community Garden Project •Sea level rise adaptation and shoreline preservation •Safe Routes to School improvements: bicycle, vehicle & pedestrian safety •Lowering the railroad tracks in the Village •Monroe Street Pool Replacement Project •Maerkle Reservoir Solar Project •La Posada de Guadalupe homeless shelter expansion •Fire Station 7: site acquisition and design •Electric vehicle charging stations ITEM 6: Legislative Update STATE LEGISLATIVE PROPOSALS 1.Allow employers to seek a restraining order on behalf of an employee who is suffering third party harassment 2.Establish requirements for statewide electric bicycle rider safety training and licensing ITEM 6: Legislative Update PROPOSED ACTION •Adopt a resolution approving the City of Carlsbad 2023 Legislative Platform. •Direct staff to advocate for two city- sponsored legislative proposals and funding. •Receive reports on state and federal legislative & budget activity and provide feedback. ITEM 6: Legislative Update QUESTIONS?