HomeMy WebLinkAbout2023-03-14; City Council Legislative Subcommittee; ; Legislative and Advocacy UpdateLEGISLATIVE SUBCOMMITTEE
Staff Report
Meeting Date: March 14, 2023
To: Legislative Subcommittee
From: Jason Haber, Intergovernmental Affairs Director
Staff Contact: Jason Haber, Intergovernmental Affairs Director
jason.haber@carlsbadca.gov, 442-339-2958
Subject:
District:
Legislative and Advocacy Update
All
Recommended Action
Receive updates on federal and state legislative and budget activity and recent and ongoing
advocacy efforts; discuss and provide feedback to staff, including identifying high-priority bills,
advocacy positions, funding opportunities, and items for future City Council consideration.
Discussion
Staff and the city's contract lobbyists-Federal: Carpi & Clay/ State: Renne Public Policy Group -
will present updates and overviews of federal and state legislative activity and the priority
legislation and intergovernmental matters being tracked on behalf of the city (Exhibits 1 and 2).
Farm Bill Opposition Letter Request
On March 8, Carlsbad City Council Members received a request from a representative of the
nonprofit Friends of the Earth to sign onto a letter opposing a potential provision in the upcoming
federal Farm Bill that would take away local officials' right to regulate toxic pesticides (Exhibit 3).
Opposing such a provision is consistent with the following position statement in the city's 2023
Legislative Platform:
Public Parks/Recreational Facilities
(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.
The letter is presented for Subcommittee discussion and a potential recommendation for the city
to sign on, as requested.
Next Steps
Staff and the city's contract lobbyists will monitor, evaluate, and engage the Legi slative
Subcommittee in a discussion of legislative activity and proposed measures that may impact city
operations and policy priorities throughout the 2023/2024 Legislative Session.
March 14, 2023 Item #2 Page 1 of 21
Public Notification
Public notice of this item was posted in keeping with the Ralph M. Brown Act and was available for
public viewing and review at least 72 hours before the scheduled meeting date.
Exhibits
1. Carpi & Clay -Federal Update
2. Renne Public Policy Group -State Update
3. Friends of the Earth -Opposition Letter: Federal Farm Bill Pesticide Preemption
March 14, 2023 Item #2 Page 2 of 21
City of Carlsbad
Federal Update
Senator Feinstein Announces She Will Not Seek Re-election in 2024
Senator Dianne Feinstein (D-CA) announced that she will not seek re-election at the end of
her current term in 2024. Feinstein has served in the Senate for over three decades since her
first Senate election in 1992. To date, three Democratic House Members, Reps. Adam Schiff,
Katie Porter, and Barbara Lee have all announced they are running for Feinstein's seat.
President Biden Delivers State of the Union Address
On Tuesday, February 7th, President Joe Biden delivered his second State of the Union
address to a joint session of Congress. Marking roughly the halfway point of President
Biden's first term, the speech focused heavily on economic and domestic issues.
Colorado River Update
Last year, Bureau of Reclamation (Reclamation) Commissioner Camille Touton told Congress
that the seven Colorado River Basin states needed to reach a deal to save up to 4 million acre-
feet in 2023 to have enough water in the system to protect power generation at Glen Canyon
Dam. The initial deadline to reach this goal was last summer, which came and went without
a deal. Last fall, the Department of the Interior (DOI) announced it would seek to revise the
2007 Colorado River Interim Guidelines, which provide Lake Powell and Lake Mead
operating criteria.
As a result, six of the Colorado River Basin states (Arizona, Colorado, Nevada, New Mexico,
Utah, and Wyoming) sent a proposal in early February to DOI Assistant Secretary of Water
and Science Tanya Trujillo and Reclamation Commissioner Touton to significantly reduce
reliance and usage of Colorado River water. Absent from signing onto this proposal is the
seventh basin state, California. Under the proposed plan, California could see a reduction of
up to 32 percent of its Colorado River allocation or 1.4 million acre-feet. In response,
California submitted its own proposal to DOI and Reclamation. Under the California
proposal, the state would agree to give up 400,000 acre-feet annually for the Colorado River
system, while asking Arizona to give up 560,000 acre-feet annually and Nevada 40,000 acre-
feet annually. Additionally, should the worst-case scenario occur, and Lake Mead reaches
dead pool (895 feet), California would give up an additional 950,000 acre-feet annually.
California's proposal also clarifies that it will not forfeit its senior water rights status to
Arizona or Nevada.
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DOI will consider both proposals as it seeks to update the Colorado River Interim Guidelines
and is expected to produce a supplemental environmental impact statement this spring, with
a final record of decision due this summer. The six-state proposal can be found HERE, and
the California proposal can be found HERE.
EPA Begins to Rollout Greenhouse Gas Reduction Fund
The Environmental Protection Agency (EPA) is beginning to roll out more information about
the $27 billion included in the Inflation Reduction Act (IRA) for the Greenhouse Gas
Reduction Fund (GGRF). GGRF is the largest non-tax incentive program included in IRA and
is intended to help fund projects in communities nationwide to reduce greenhouse gas
emissions. The $27 bill is divided into two programs: 1) General and Low-Income Assistance
Program (aimed at funding projects by non-profits) and 2) Zero Emission Technology Fund
Program (aimed at funding projects by states and local governments). The IRA requires that
EPA obligate $27 billion in funding by September 30th, 2024. EPA has set a target date of
summer 2023 to release guidance on how to apply for both programs. EPA also launched a
website to house all information about GGRF.
WOTUS Rule Update
In response to the Army Corps of Engineers and EPA's recent release of an updated Waters
of the United States (WOTUS) rule, Republicans in both the House and the Senate have
introduced a resolution to use the Congressional Review Act to try to prevent the rule from
being implemented. Additionally, twenty-four states, led by West Virginia Attorney General
Patrick Morrisey, filed a lawsuit challenging the rule. The United States Supreme Court is
scheduled to consider a case during its next term that could have further implications on
implementing the new rule in Sackett v. EPA.
OHS Announces $2 Billion in Preparedness Grants
The Department of Homeland Security (OHS) announced over $2 billion in FY 2023 funding
for eight grant programs that support state, local, tribal, and territorial governments with
projects that prepare for, prevent, protect against, and respond to acts of terrorism. The
programs funded include:
• The Homeland Security Grant Program (HSGP) ($415 million): This grant
provides funding for implementing risk-driven, capabilities-based state homeland
security strategies to address capability targets.
■ HSGP: Urban Area Security Initiative ($615 million): This grant funds regional
preparedness and capabilities for high-threat, high-density areas.
• Intercity Passenger Rail ($10 million): This grant provides funding for Amtrak to
protect surface transportation infrastructure and the public from acts of terrorism
and increase infrastructure resilience.
■ Emergency Management Performance Grant Program ($355.1 million): This
grant funds state, local, tribal, and territorial emergency management agencies to
support the National Preparedness Goal.
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■ HSGP: Operation Stonegarden ($90 million): This grant funds state, local, tribal,
territorial, and federal law enforcement agencies to enhance security along federal
land and water borders. Awardees will be announced later this year.
• Tribal Homeland Security Grant Program ($15 million): This grant funds projects
by eligible tribal nations to implement preparedness initiatives. Awardees will be
announced later this year.
• Nonprofit Security Grant Program ($305 million): This grant funds target
hardening and other physical security enhancements for nonprofit organizations at
risk of a terrorist attack. Awardees will be announced later this year.
■ Port Security Grant Program ($100 million): This grant funds projects to protect
port infrastructure from terrorism, enhance maritime domain awareness, improve
port-wide maritime security risk management, and maintain or re-establish maritime
security mitigation protocols that support port recovery and resiliency capabilities.
Awardees will be announced later this year.
■ Transit Security Grant Program ($93 million): This grant provides owners and
operators of transit systems with funding for projects that protect surface
transportation and the public from acts of terrorism and increase infrastructure
resilience. Awardees will be announced later this year.
■ Intercity Bus Security Grant Program ($2 million): This grant provides owners
and operators of intercity bus systems with funding for projects that protect surface
transportation and the public from acts of terrorism and increase infrastructure
resilience. Awardees will be announced later this year.
More information on these grants and a list of projects funded can be found HERE.
Senators Introduce Forest Restoration and Wildfire Resilience Bill
Senators Dianne Feinstein (D-CA), Alex Padilla (D-CA), Steve Daines (R-MT), and Ron Wyden
(D-OR) introduced the Wildfire Emergency Act of 2023 (S. 188). The legislation would
provide $250 million to expedite forest restoration and wildfire resilience projects, establish
a $100 million energy resilience program at the Department of Energy (DOE) to maintain
energy facility operations during wildfire disruptions, and would expand DOE's
weatherization grant programs to provide low-income households with wildfire retrofits.
The bill would also expedite the delivery of wildfire detection equipment, authorize
firefighting workforce expansion, and establish a prescribed fire-training center in the West.
The bill has been referred to the Senate Energy and Natural Resources Committee for
consideration.
Congressional Letters
California Members Urge Reclamation to Lift Desalination Funding Cap. California
Senators Dianne Feinstein, Alex Padilla, and Representative Mike Levin sent a letter to the
Reclamation urging the agency to lift the $30 million per-project cap for desalination
projects. The letter states that lifting the cap would give Reclamation more fl exibility to
administer the $250 million authorized by the Bipartisan Infrastructure Law (BIL) for
desalination projects. The letter can be found Hfillli.
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Senators Urge Biden Administration to Address PFAS Contamination in Upcoming
Budget Request. Thirty-six senators, including Senator Padilla, sent a letter to President
Biden urging him to include funding in the Administration's upcoming budget request for
fiscal year (FY) 2024 to comprehensively address per-and polyfluoroalkyl substances
(PFAS) contamination. The letter requests funding to close gaps in available PFAS data and
research, bolster testing and cleanup efforts, and support regulations that protect people and
the environment from contamination. The letter can be found HERE.
House Oversight Republicans Request Information on EJ Grants. Chair of the House
Committee on Oversight and Accountability James Comer (R-KY) and Chair of the Oversight
Committee's Economic Growth, Energy Policy, and Regulatory Affairs Subcommittee Pat
Fallon (R-TX) sent a letter to EPA Administrator Michael Regan requesting documents and a
staff briefing on environmental justice (EJ) grants administered by the agency. The letter
requests EPA records on the $30 million Environmental Justice Collaborative Problem-
Solving (EJCPS) program and the $70 million Environmental Justice Government-to-
Government (EJG2G) program to "account for [EPA's] ability to effectively prevent waste,
fraud, and abuse of funding." The letter can be found J::!E.BE.
Federal Funding Opportunities/ Announcements
White House Releases Open and Upcoming Infrastructure NOFOs Calendar. The White
House released a calendar detailing current and upcoming notices of funding opportunities
(NOFOs) related to infrastructure. More information can be found l!lilm.
COPS Office Announces Two LEMHWA Grant Programs. The Department of Justice's
Community Oriented Policing Services (COPS) Office announced the availability of two grant
opportunities under the Law Enforcement Mental Health and Wellness Act (LEMHWA):
■ LEMHWA Implementation Projects ($9.5 Million). This grant will support law
enforcement agencies seeking to implement or enhance programs that offer training
and services on officer emotional and mental health, peer mentoring, suicide
prevention, stress reduction, and support services for officers and their families.
• LEMHWA National Level Resources, Training, and Technical Assistance
($500,000). This grant will help law enforcement agencies develop resources such
as toolkits and publications, offer training, and assist law enforcement agencies in
implementing mental health and wellness initiatives for officers and their families.
Applications for both opportunities are due by April 14th and more information can be found
HERE.
COPS Office Announces Availability of $16 Million for CAMP. The COPS Office announced
the availability of up to $16 million for the 2023 COPS Anti-Methamphetamine Program
(CAMP). This competitive grant program provides funding to state law enforcement agencies
to investigate illicit activities related to the manufacture and distribution of
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methamphetamine. Applications are due by April 25th and more information can be found
HERE.
COPS Office Announces $35 Million AHTF Program. The COPS Office announced the
availability of up to $35 million for the Anti-Heroin Task Force program. This competitive
grant program provides funding for law enforcement agencies in states with high per capita
levels of primary treatment admissions for heroin and other opioids to locate or investigate
illicit activities related to the distribution of heroin, fentanyl, carfentanil, other opioids, or
the unlawful distribution of prescription opioids. Applications are due by April 25th and more
information can be found HERE.
DOT Announces Mega Grant Awards. The Department of Transportation (DOT)
announced $1.2 billion in grant awards to nine projects from the National Infrastructure
Project Assistance (Mega) Discretionary grant program. Applications were evaluated based
on several criteria, including safety, ability to return transportation infrastructure to a state
of good repair, economic benefits like creating quality jobs, supply chain resiliency,
environmental sustainability and climate resiliency, equity, and innovation. DOT also
evaluated applications based on project readiness and cost-effectiveness. A full list of grant
awards can be found HERE.
DOT Announces SS4A Grant Awards. DOT announced $800 million in grant awards to 510
projects, 473 action plan grants, and 37 implementation project grants through the Safe
Streets and Roads for All (SS4A) grant program. SS4A planning grants assist communities
that do not currently have a roadway safety plan to reduce roadway fatalities, laying the
groundwork for a comprehensive set of actions. SS4A implementation grants provide
funding to communities to implement strategies and projects that will reduce or eliminate
transportation-related fatalities and serious injuries. A full list of grants can be found HERE.
DOT Announces $185 Million for Reconnecting Communities Pilot Program. DOT
announced it is awarding $185 million for 45 projects through the Reconnecting
Communities Pilot Program. The program provides funding and technical assistance for
planning and construction projects in communities that aim to reconnect neighborhoods by
removing, retrofitting, or mitigating transportation barriers. A list of projects funded and
more information can be found HERE.
EPA Issues RFI for $3 Billion Environmental and Climate Justice Program. EPA issued
an RFI seeking comments on its $3 billion Environmental and Climate Justice (ECJ) program
authorized by the IRA. The program will provide grants and technical assistance to
disadvantaged communities for climate and environmental justice projects. EPA is seeking
input on program design, project types, reducing application barriers, reporting and
oversight, and technical assistance. Comments are due by March 17th and more information
can be found HERE.
EPA Announces Availability of $2 Billion for EC-SDC Grant Program. EPA announced the
availability of $2 billion in grant funding through its Emerging Contaminants in Small or
Disadvantaged Communities (EC-SDC) Grant Program to address PFAS in drinking water.
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The funding was authorized by BIL to promote access to safe and clean water in small, rural,
and disadvantaged communities through infrastructure upgrades, source water treatment
for pollutants, and water quality testing. EPA will release the grant application timeline in
the coming weeks and more information can be found HERE.
EPA Announces Availability of$550 Million for EJ Grants. EPA announced the availability
of $550 million in grant funding through the new Environmental Justice Thriving
Communities Grantmaking program. This program will fund up to 11 entities to serve as
grant makers to community-based projects that reduce pollution. EPA intends to award up
to 11 cooperative agreements for up to approximately $50 million each to be funded
incrementally over a 3-year period. The deadline to apply is May 31 and more information
can be found HERE.
FAA Announces $1 Billion in BIL Funding for Airport Terminal Program. The Federal
Aviation Administration (FAA) announced it is awarding $1 billion in funding authorized by
BIL to 99 airports in 47 states, the Northern Mariana Islands, and Puerto Rico. The awards
will support airport infrastructure projects, including new baggage systems, larger security
checkpoints, improved ground transportation, terminal sustainability, access for individuals
with disabilities, and air traffic control tower upgrades. A list of awards and more
information can be found HERE.
FEMA Publishes SAFER NOFO. The Federal Emergency Management Agency (FEMA)
published a Notice of Funding Opportunity (NOFO) for the FY 2022 Staffing for Adequate
Fire and Emergency Response (SAFER) grant program. SAFER was created to fund fire
departments and volunteer firefighter organizations to increase or maintain the number of
trained firefighters in communities. Applications are due by March 17th and more
information can be found .1::1.fillli.
FHWA Announces Tribal Transportation Program Safety Fund Grant Awards. The
Federal Highway Administration (FHWA) announced $21 million in Tribal Transportation
Program Safety Fund grant awards to 70 tribes funding 93 projects that will help improve
road safety on tribal lands. A full list of awards can be found HERE.
HUD Announces $5.6 Billion for Community Planning and Development Formula
Programs. HUD announced $5.6 billion in FY 2023 funding from the Community Planning
and Development Formula Program to 1,200 communities through over 2,400 grants. The
announcement includes $3.6 billion to 1,239 recipients for the Community Development
Block Grants program, $1.5 billion to 664 recipients for the HOME Investment Partnerships
Program, $499 million to 130 recipients for the Housing Opportunities for Persons With
HIV/ AIDS, and $290 to 359 recipients for the Emergency Solutions Grant program. These
programs assist local, county, and state governments with affordable housing, community
development, and homelessness assistance. A list of awards by state and territory can be
found HERE.
HUD Awards $3.16 Billion to PHAs from Capital Fund Program. The Department of
Housing and Urban Development (HUD) awarded $3.16 billion in funding from its Capital
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Fund Program for nearly 2,770 public housing authorities (PHAs) nationwide to make
capital investments in public housing infrastructure. A list of awards by state and territory
can be found .Hfil!E..
HUD Announces Award of $315 Million Through Continuums of Care. HUD announced
$315 million in grant award funding to 46 communities through the Continuums of Care
(CoC) to address unsheltered and rural homelessness. The CoC Program is designed to
promote communitywide commitment to ending homelessness. HUD plans to announce
additional grants to CoCs this spring. A list of awardees and more information can be found
Hfillli.
HUD Opens Thriving Communities Technical Assistance Application Portal. HUD
released its application portal for the Thriving Communities Technical Assistance program.
The program is designed to support the coordination and integration of transportation and
housing in infrastructure planning and implementation. HUD is accepting applications for
the $5 million program on a rolling basis and more information can be found .Hfil!E..
Federal Agency Personnel/Regulatory Announcements
President Biden Issues EO on Racial Equity and Support for Underserved
Communities. On February 16th, President Biden issued Executive Order (EO) 14091
entitled "Further Advancing Racial Equity and Support for Underserved Communities
Through the Federal Government." The EO adds to the Biden Administration's previous
actions to promote equity initiatives and requirements at federal agencies. The text of the
EO can be found .Hfil!E..
President Biden Announces New White House Director of Public Engagement. Former
Mayor of Atlanta Keisha Lance Bottoms announced she will leave her role as Director of the
White House Office of Public Engagement next month. President Biden announced former
Columbia, SC, Mayor Steve Benjamin will assume the Director role following the departure
of Bottoms.
OIRA Issues Recommendations on Broadening Public Engagement in the Federal
Regulatory Process. The White House Office of Information and Regulatory Affairs (OIRA)
released recommendations to broaden public engagement in the federal regulatory process.
OIRA is seeking stakeholder feedback on the recommendations and is hosting a listening
session on March 7th at 3:00 pm ET. Comments are due by March 10th. Registration for the
listening session and more information on the recommendations can be found HERE.
0MB Proposes Buy America Revisions for Guidance on Grants and Agreements. The
Office of Management and Budget (0MB) issued a proposed rule to revise guidance on grants
and agreements to support implementation of Build America, Buy America Act provisions
included in the IRA. Comments are due by March 13th and more information can be found
.Hfil!E..
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DOT Issues RFI on the Equitable Transportation Community Explorer Tool and Index
Methodology. DOT issued an RFI to solicit feedback on DOT's updated Transportation
Disadvantaged Census Tracts Tool (US DOT Equitable Transportation Community Explorer)
and Index methodology that supports the Administration's Justice40 Initiative. Responses
are due by March 18th and more information can be found HERE.
EPA Announces Water Workforce Webinar on Diversity, Equity, and Inclusion. EPA is
hosting a Water Workforce Webinar on March 21st at 2:00 pm ET, entitled "It Really Matters:
Ensuring Diversity, Equity, and Inclusion in the Water Workforce." The webinar will feature
Sharise Horne from the Louisville Metropolitan Sewer District and Julianne Jones from the
Water Environment Foundation. Registration can be found HERE.
FHWA Issues RFI on Improving Road Safety for All Users on Federal-Aid Projects.
FHWA issued an RFI soliciting comments on what strategies, programmatic adjustments, or
regulatory changes could help improve safety on U.S. highways. Requests for comments
include but are not limited to whether changes to the FHWA Design Standards regulation or
other FHWA regulations are needed to facilitate the development of Complete Streets and
Complete Networks that serve all users, how the safety performance of Federal-aid projects
should be assessed, how funding could be optimized for safety improvements, and how to
include measures and collection of more data that can improve safety performance across
Federal-aid projects. Comments are due by March 20th and more information can be found
HERE.
FHW A Issues RFI on the Development of Guidance for EV Charging Infrastructure
Deployment. FHWA issued an RFI soliciting comments to help inform the agency as it
develops guidance on the National Electric Vehicle (EV) Formula Program and the Charging
and Fueling Infrastructure Program. The agency is especially interested in comments
suggesting how the guidance could promote equity in deploying EV charging infrastructure
under these programs. More information can be found HERE.
FHWA Issues Final Rule on Minimum Standards for EV Chargers. FWHA issued a final
rule establishing minimum standards and requirements for projects funded under National
Electric Vehicle Infrastructure (NEVI) Formula Program and publicly accessible EV charger
projects. The rule is effective on March 15, 2023. More information can be found HERE.
FHWA Issues Temporary Buy America Waiver for EV Chargers. FHWA issued a
temporary Buy America waiver for steel, iron, manufactured products, and construction
materials in EV chargers. The waiver is effective March 23rd and applies to chargers
manufactured by July 1st, 2024, with installation beginning by October 1st, 2024. EV charger
housing components that are predominantly steel and iron are excluded from the waiver and
must meet Buy America requirements. More information can be found HERE.
FHWA Updates Memo on BIL Resources. FHWA released an updated memo which
supersedes the memo issued in December entitled "Policy on Usin& Bipartisan
Infrastructure Law Resources to Build a Better America". The memo reverses the
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agency's original policy of prioritizing highway and road maintenance over expansion using
funding from BIL. The new memo can be found HERE.
IRS Updates Vehicle Classification for Clean Vehicle Tax Credits. The Internal Revenue
Service (IRS) announced changes that will allow more cross-over sport utility vehicles
(SUVs) to qualify for the new EV tax credits included in the IRA. This change expands the
number of buyers who can take advantage of the $7,500 consumer tax credit by broadening
how SUVs are defined. Currently, SUVs costing up to $80,000 can receive tax credits, while
passenger-car purchasers cannot use the credit if the vehicle costs more than $55,000. The
new guidance can be found HERE.
NHTSA Publishes Uniform Procedures for State Highway Safety Grant Programs Final
Rule. The National Highway Traffic Safety Administration (NHTSA) published a final rule
that makes changes and clarifications to the revised uniform procedures implementing State
highway safety grant programs in response to comments received on the notice of proposed
rulemaking published September 15th, 2022. The rule is effective on March 8th and more
information can be found HERE.
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February 22, 2023
To: Jason Haber, Intergovernmental Affairs Director
City of Carlsbad
From: Sharon Gonsalves
Director of Government Affairs
Renne Public Policy Group
RE: 2023 Bill Introduction Report
BILL INTRODUCTION DEADLINE
February 17 was the deadline to introduce legislation for the first year of the 23-24 session. A total of
2,741 pieces of legislation have been introduced so far this session, the most in the first yea r of a session
in more than a decade. One reason for this is the high number of new legislators. With 25 new
Assemblymembers and 10 new Senators, more than one-third of state legislators are new this session.
There has been a total of 881 Senate bills, 1,751 Assembly bills, and 109 resolutions introduced since
December 5. Approximately 40% of bills are currently placeholder bills, which means that their full
language has yet to be introduced and we do not know their full content. RPPG will be in a better position
to assess their intent and their importance to the City once their language is amended on or before the
deadline of March 22. Once introduced, all bills have to remain unchanged for 30 days; once this waiting
period is over, they can be sent to committee or have their language altered in any way.
TRENDS OF 2023
Emerging top legislative priorities of 2023 seem to be consistent with recent prior years: housing and land
use, governmental operations, homelessness, environment and climate, and public safety. These five
areas together constitute over 400 bills introduced during this session. RPPG has closely monitoring the
introduced bills to identify those that will be of interest to the City. Below is a snapshot of news bills
introduced in key policy areas.
Housing and Land Use
In 2022, 41 new housing productions were signed into law and 2023 looks to follow suit. As in previous
years, California continues to propose a large volume of housing production laws to streamline
development and address the statewide housing shortage.
SB 4 (Wiener-DJ: Planning and zoning: housing development: higher education institutions and religious
institutions
This bill would make it easier for religious institutions and nonprofit colleges to build housing on their
properties. It would rezone the sites, making it more challenging for local governments to reject plans for
new housing.
SB 423: (Wiener-DJ: Land use: streamlined housing approvals: multifamily housing developments
This bill would streamline approval of multifamily developments in communities that haven't met their
state Regional Housing Needs Allocation (RHNA) goals. It would also require developers to pay workers
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prevailing wage if they're building complexes with 10 units or more. It would make permanent a 2017
measure that is due to sunset in 2025.
Homelessness
The Administration made clear in its budget proposal that local governments will be more responsible for
homelessness than in previous years. Despite record investments to address homelessness, the State
continues to account for 30% of the nation's homelessness.
AB 799 (Luz Rivas-DJ: Homeless Housing, Assistance, and Prevention program: Homelessness
Accountability Act
AB 799 would create an accountability framework for cities, counties, and nonprofits receiving state
Homeless Housing, Assistance and Prevention (HHAP) funds. It would require the state and local entities
to align their goals for curbing homelessness. Recipients that fall short of some targets could lose funding
to another group in the same region.
Governmental Operations
California's COVID-19 State of Emergency will expire on February 28, 2023 and remote public meetings
will no longer be an available tool. As a result, there are a number of bills to address modifications to the
Brown Act.
AB 817 (Pacheco-DJ: Local government: open meetings
AB 817 would allow non-decision-making legislative bodies to meet remotely without posting their
physical location. It is sponsored by the California Association of Recreation and Park Districts and the
League of California Cities.
AB 885 (Luz Rivas-DJ: Public contracts: nonprofit organizations
AB 885 would require a covered contract to provide the full cost of delivering services and projects,
including paying at least state minimum wage and allowing for compensation and employee benefit
packages that support competitive salaries and annual cost of living increases
AB 1484 {Zbur-DJ: Temporary public employees
AB 1484 is a labor contracting bill that would impose specified requirements with respect to the
temporary employees of a public employer who have been hired to perform the same or similar type of
work that is performed by permanent employees represented by a recognized employee organization. In
this regard, the bill would require those temporary employees to be automatically included in the same
bargaining unit as the permanent employees, upon the request of the recognized employee organization.
The bill is sponsored by the Service Employees International Union.
SB 428 (Blakespear-DJ: Temporary restraining orders and protective orders: employee harassment
SB 428 would authorize any employer whose employee has suffered harassment to seek a temporary
restraining order and an injunction on behalf of the employee and other employees.
Environment and Climate
As in prior years, one of the legislature's top concerns is the environment and climate. After record rainfall
at the beginning of the year, the impacts of water storage, atmospheric rivers, and flooding will be part
of the policy discussion as well as the ongoing topics of wildfire mitigation and drought management.
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AB 30 (Ward-DJ: Atmospheric Rivers: Research, Mitigation, and Climate Forecasting Program.
AB 30 would create a program to improve predictions of atmospheric rivers and their impact on water
supply, flooding, and post-wildfire debris flows.
AB 305 (Villapudua-DJ: California Flood Protection Bond Act of 2024
AB 305 would express the intent of the Legislature to enact subsequent legislation for a flood protection
general obligation bond act that would be known as the California Flood Protection Bond Act of 2024 and
would be submitted to the voters at the next general election.
SB 253 (Wiener-DJ: Climate Corporate Data Accountability Act
SB 253 would require corporations with at least $1 billion in revenue that do business in California to
annually report greenhouse gas emissions to the public.
Public Safety
As of mid-February, there have been 80 mass shootings in the state and nationally this year alone; they
continue to put a focus on legislation aimed at gun control. Deaths related to fentanyl overdoses are at
an all-time high and 26 fentanyl related bills have been introduced this year.
AB 23 (Muratsuchi-DJ: Theft: shoplifting: amount
AB 23 Would amend Proposition 47 by reducing the threshold amount for petty theft and shoplifting from
$950 to $400. The bill would provide that it shall become effective only when submitted to, and approved
by, the voters of California.
AB 33 (Bains-DJ: Fentanyl task force
AB 33 would state the intent of the Legislature to enact legislation relating to a fentanyl task force, in
order to identify and address the fentanyl crisis as part of the opioid epidemic in this state.
AB 1089 (Gipson-DJ: Firearms
AB 1089 would require anybody who uses a three-dimensional printer or CNC milling machine to
manufacture a firearm to be a state-licensed manufacturer.
SB 2 (Portantino-DJ: Firearms
SB 2 would update the concealed carry licensing process, adding new age restrictions, storage and training
mandates and limits on where permit holders can carry firearms in public. Proponents include Governor
Newsom and Attorney General Bonta. This is the second attempt in two years to rewrite California's
concealed carry law following the 2022 U.S. Supreme Court decision that struck down key provisions.
SB 14 (Grove-RJ: Violent felonies: serious felonies: human trafficking
SB 14 would include human trafficking within the definition of a violent felony and the definition of a
serious felony for all purposes, including for purposes of the Three Strikes Law.
SB 719 (Becker-DJ: Law enforcement agencies: radio communications
SB 719 would require law enforcement agencies to ensure access, in real time, to the radio
communications of that agency to duly authorized media representatives or organizations.
SB 44 (Umberg-DJ: Controlled Substances
SB 44 would require a person who is convicted of, or who pleads guilty or no contest to, certain crimes to
receive a written advisory of the danger of manufacturing or distribution of controlled substances and
March 14, 2023 Item #2
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that, if a person dies as a result of that action, the manufacturer or distributor can be charged with
voluntary manslaughter or murder.
Special Session
The governor and Legislature last legislative session passed a sweeping set of environmental proposals,
including one that prohibits new oil drilling near communities. Additionally, the Governor announced a
special session on November 30, 2022 to hold the oil industry accountable for price gouging in the wake
of a steep increase in gas prices.
SBXl-2 {Skinner-DJ; Energy: transportation fuels: supply and pricing: maximum gross gasoline refining
margin
SBXl-2 is sponsored by the Administration and would levy a penalty on oil companies when profits exceed
a certain threshold. The money would be returned to taxpayers in the form of rebates.
ABXl-3 (Bains-DJ: Petroleum refineries: imports
ABXl-3 would, starting January 1, 2030, prohibit a petroleum refinery licensed to operate in the state
from using oil originally extracted outside the state for more than 60% of the total oil that the refinery
processes on an annual basis. Beginning January 1, 2035, the bill would prohibit a petroleum refinery
licensed to operate in the state from using oil originally extracted outside the state for more than 50% of
the total oil that the refinery processes on an annual basis.
March 14, 2023 Item #2
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SB 428 -Workplace Harassment
PURPOSE
SB 428 would provide employers with the ability
to seek a temporary civil restraining order on
behalf of an employee who is being harassed at
the place of their employment.
EXISTING LAW
Under existing law, an employer can only seek a
restraining order to protect an employee if there
is a "credible threat of violence." 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.
Employees only have an option to seek a civil
harassment restraining order on their own accord.
Employers do not have an option to seek one on
behalf of the employee. This places an
unwarranted burden on employees.
BACKGROUND
Employees within both public and private
settings can be the victims of harassment due to
the nature of their employment. Often because of
rules requiring public access and open meetings,
public employees (employees of cities, counties
and state government) can bear the brunt of this
workplace harassment. Jt stands to reason that if
an employer can force an employee to work in a
situation or environment that could provoke
harassment, the employer should have the ability
to protect the employee from the harassment and
should not put that responsibility solely on the
individual employee. That is, in essence, what
current law does.
March 14, 2023
EXAMPLES (Provided by the City of
Carlsbad)
I. Over the course of a year, a member of
the public was repeatedly calling several
employees demanding that they take
action to address his lack of housing. The
employees had no ability to provide him
what he was demanding, but he
continued to call and email the
employees multiple times a day, shouting
expletives and leaving voice recordings
of the employees which he obtained
without their consent. By the end of a
year, the conduct escalated to a credible
threat of violence and the city was finally
able to obtain a workplace violence
restraining order.
2. For over two years, one city employee
has been the recipient of false
accusations by a member of the public,
all of wl1ich were investigated and
proven to be false. Additionally, the
employee has been subject to verbal
abuse and derogatory names. The
member of the public regularly asks that
the employee be fired, and falsely
accuses the empl oyee of mismanaging
city funds. This has taken a serious toll
on the employee, causing severe mental
anguish and distress.
As a public entity, a city cannot restrict anyone's
ability to contact the city or submit public
comment, but it should be allowed to protect
employees from unlawful bullying and
harassment. Employers not only have a duty to
protect their employees from unlawful
harassment, they have the wherewithal and
resources to seek a civil restraining order on their
behalf.
An employee experiencing harassment at their
workplace should not have the added burden of
possibly having to seek an attorney, taking
Item #2 Page 16 of 21
multiple hours off work, having to serve the
respondent multiple times at their own expense
and then facing the respondent in court. It is
unreasonable to expect that an employee would
have the time, resources and wherewithal to
accomplish this on their own, especially given
that the harassment is occurring at their
workplace because of their employment.
WHAT DOES THIS BILL DO?
SB 428 would amend the Code of Civil Procedure
§ 527.8 as it pertains to the harassment of an
employee.
It allows an employer to seek a temporary
restraining order on behalf of an employee who is
being continually harassed as a result of their
employment, prior to there being a credible threat
of v iolence. Employers should be able to be
proactive in protecting their employees from
serious harassment.
SUPPORT
City of Carlsbad (Sponsor)
STAFF CONTACT
Lauren Rebrovich
Lauren.Rebrovich@sen.ca.gov
Ph: 9 I 6-651-4038
March 14, 2023 Item #2 Page 17 of 21
March 2, 2023
To: Jason Haber, Intergovernmental Affairs Director
Allegra Frost, Assistant City Attorney
City of Carlsbad
From: Sharon Gonsalves
Director of Government Affairs
Renne Public Policy Group
RE: Legislative Summary-February 2023
LEGISLATIVE COMMITTEES HAVE BEGUN MEETING
Bill Introductions
February 17 was the deadline to introduce legislation for the first year of the 2023-2024 session. A total
of 2,757 pieces of legislation have been introduced this session, the most in the first year of a session in
more than a decade. Approximately 40% of bills are currently spot bills, which means that their full
language has yet to be introduced and we do not know theirfull content. The deadline for adding language
to spot bills is March 22. After that deadline, RPPG will be able to work with City staff to determine a bill's
importance to the City.
Committee Hearings
At this point, legislative committees have been holding mostly Informational hearings on items of interest
and they have held some policy hearings. Informational hearings are just that -information only-so no
action items are involved. RPPG has been monitoring all budget committee hearings, which to da~e have
been comprised of updates from Department of Finance (DOF), the Legislative Analyst's Office (LAO), and
specific state agencies on the proposed items from the Governor's January proposed FY 23-24 Budget and
are also informational in nature.
RPPG also monitored the first Joint Hearing on Housing on February 28. At the hearing, there was
testimony from representatives from several cities, the LAO, the Department of Housing & Community
Development, UC Berkeley, and a real estate development and investment firm. One of the main
takeaways was that housing unaffordability remains high and that production has been stagnant. Single
family zoning was also discussed, including the large increase in accessory dwelling units over the past five
years. Th e Committee also discussed carrots vs sticks in terms of how cities are handling their housing
elements, and possible changes to the approach that state agencies will take in this aspect. It was an
informational hearing so no votes were called, but RPPG will keep the City apprised of important
developments in housing due to its importance to the City.
RPPG MONTHLY LEGISLATIVE ACTIVITY
RPPG continues to review priority bills during weekly check-ins with City staff, provide draft content for
the Council to consider positioning on bills of potential interest, craft talking points for meetings with state
and federal representatives and agency officials, and conduct meetings with key legislative offices as
appropriate.
March 14, 2023 Item #2
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RPPG provided the City with an update on the United States Senate FY 24 appropriations titled "RPPG
FY 24 Senate Community Project Funding Memo" on February 21. The memo provided
additional information on the process and eligible projects for ea rmark requests from United
States Senators Feinstein and Padilla.
RPPG provided the City with a detailed summary of introduced bills so far in the 23-24 session titled
"RPPG 2023 Carlsbad Bill Introduction Report" on February 22 (Attachment A). The memo also
highlighted specific legislation that RPPG deemed may be of import to local government.
RPPG met and worked with City and legislative staff and stakeholders on the City's sponsored legislation,
SB 428 (Blakespear-D), including working on the committee background and finalizing the fact sheet
(Attachment B).
Additionally, RPPG has tagged 1,633 bills for the City which may be of potential interest or impact to
the City's operations or priority issues, per the legislative platform. We will continue to bring bills of
potential interest t o staff for the City's review in coming weeks.
SPECIAL LEGISLATIVE SESSION
The California Senate held their first hearing of the special legislative session on February 22 on the topic
of high gasoline prices. The informational hearing considered SBXl -2 (Skinner-D), which would establish
a maximum gross gasoline refining margin at an unspecified amount per gallon at an annually
adjustable rate. The bill would authorize the State Energy Resources Conservation and Development
Commission to assess an administrative civil penalty on a refiner for exceeding the margin. The bill
would also direct the California Energy Commission and the Ca lifornia Tax and Fee Administration to
investigate and report on various aspects of the gasoline market. No vote was taken during the hearing
and RPPG will keep the City updated on any developments.
EXECUTIVE ORDERS AND APPOINTMENTS
Governor Newsom signed executive order on February 13 to protect the state's water supplies from the
impacts of extreme weather. The order helps expand the stat e's capacity to capture storm runoff in
wet years by facilitating groundwater recharge projects. The order continues conservation measures
and allows the State Water Board to reevaluate requirements for reservoir releases and diversion
limitations to maximize water supplies. Finally, the order directs state agencies to provide
recommendations on the state's drought response actions by the end of April, including the
possibility of terminating specific emergency provisions that are no longer needed, once there is
greater clarity about the hydrologic conditions this year.
As RPPG has previously prepared the City for, provisions of AB 361 are now no longer operable; this
was t he bill that allowed for virtual participation of members of a legislative body without posting
notice of location during a gubernatorial declared state of emergency. Governor Newsom issued a
proclamation on February 28 which terminated the statewide COVID-19 st ate of emergency that had
been in place since March 4, 2020.
March 14, 2023 Item #2
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ADMINISTRATION PRESENTATIONS
Various agencies in the Administration held presentations during February, two of which RPPG deemed
to be of potential interest to the City:
California Health and Human Services Agency
Tyler Sadwith, Director of Behavioral Health at the Department of Health Care Services, which is a part
of the California Health and Human Services Agency (CalHHS), hosted an online implementation update
on the CARE {Community Assistance and Recovery Empowerment) Act on February 14. Initial
stakeholder outreach will occur through March. Training and technical assistance (TTA) data collection
and reporting from county behavioral health agencies will begin in April and continue until
December. Stakeholder engagement will also begin in April. Sometime in the Fall, the TTA resource
center webpage will launch. In October, Cohort 1 counties will begin implementation.
California Natural Resources Agency
Secretary Wade Crowfoot of the California Natural Resources Agency {CNRA) hosted an on line discussion
on February 21. Several staff members of the Department of Water Resources, which is a part of
the CNRA, presented on the water situation in the state. The recent nine atmospheric rivers resulted
in the wettest three-week period on record for California. Despite this, California is still considered to
be in a severe drought and there is still a significant deficit in reservoirs and in underground basins
due to the previous three years being exceptionally dry.
LEGISLATIVE TIMING AND KEV DATES
• March 22, 2023
• March 30, 2023
• April 10, 2023
• May 12, 2023
• Mid May, 2023
• June 2, 2023
• June 15, 2023
• June 30, 2023
March 14, 2023
Spot bill amendment deadline
Spring recess begins
Legislature reconvenes from Spring recess
Last day for policy committees to meet prior to June 5
Release of the Governor's May revise of the budget
House of origin deadline for bills introduced in 2023
FY23-24 budget must be passed by the Legislature
Governor Newsom signs the FY23-24 budget
Item #2
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DRAFT
Chairman David Scott
House Agriculture Committee
468 Cannon House Office Building
Washington, D.C. 20515
Exhibit 3
Chairwoman Debbie Stabenow
Senate Committee on Agriculture, Nutrition, and Forestry
731 Hart Senate Office Building
Washington, D.C. 2051 0
Dear Chairman Scott and Chairwoman Stabenow,
On behalf of the undersigned city, county and local government officials, we write to oppose federal
pesticide preemption in the upcoming Farm Bill.
While we may have differing views on pesticides, we take very seriously our duty to protect
our constituents. Federal pesticide preemption is a direct attack on this authority. This provision
prohibits local governments from adopting pesticide laws that are more protective than federal
rules. It overturns decades of precedent and Supreme Court rulings and could prevent local
governments from tailoring laws to the specific needs of their communities.
As of 2022, nearly 200 communities across the country have passed policies to restrict the use of
pesticides in response to emerging evidence about potential human and environmental impacts. The
exact concerns differ by pesticide, but include links to cancer, developmental challenges, lower IQ,
and delayed motor development. Many of these laws work to protect the most vulnerable among us,
such as children, who take in more pesticides relative to their body weight than adults and have
developing organ systems. Others focus on safeguarding precious water resources, or the
protection of wildlife like declining pollinator species critical to our environment and food supply.
Local governments have responded to the scientific evidence, their residents' concerns, and their
area's unique ecological conditions through prudent measures to reduce exposure to hazardous
pesticides. This includes actions such as creating a list of approved or prohibited pesticides,
restricting toxic pesticide use around parks and playgrounds, negotiating commodity contracts and
service agreements that prevent suppliers from offering products that contain pesticides harmful to
pollinators, and keeping habitat along rights-of-way and other areas of management property free of
pesticides harmful to pollinators. In states that have passed preemption laws, local governments
must bend over backward to pass local legislation that fits our community's needs. These
restrictions keep us from doing our job as policymakers. We urge you not to strengthen these
already-harmful laws.
While not every city has taken these actions, we strongly support our right to do so and
oppose forfeiting this right for the indefinite future. In fact, federal pesticide preemption undermines
the key role that local governments play across the country. As local officials, we are highly attuned
to the needs of our constituents and adept at calibrating our protections accordingly. Local
governments are also nimbler than their state or federal counterparts and can quickly respond to
emerging health hazards when federal protections may take years to achieve. It is critical that local
governments have the ability to exercise their democratic rights in order to safeguard the health of
their residents and the unique local environments they call home.
We urge you to oppose federal pesticide preemption in the Farm Bill to protect public health and the
environment.
Sincerely,
March 14, 2023 Item #2 Page 21 of 21