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HomeMy WebLinkAbout2023-11-14; City Council Legislative Subcommittee; ; Legislative and Advocacy UpdateLEGISLATIVE SUBCOMMITTEE Staff Report Meeting Date: Nov. 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: Legislative and Advocacy Update District: All Recommended Action Receive updates on federa l 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 (Exhibits 1 and 2) and the priority legislation and intergovernmental matters being tracked on behalf of the city (Exhibit 3). The Subcommittee is requested to provide feedback to help city staff and the city's lobbying consultants focus the city's advocacy efforts on high-priority bills and to identify bills for future City Council consideration. Next Steps Staff and the city's contract lobbyists will monitor, evaluate, and engage the Legislative Subcommittee in a discussion of legislative activity and proposed measures that may impact city operations and policy priorities throughout the 2023/2024 Legis lative Session. Exhibits 1. Carpi & Clay -Federal Update 2. Renne Public Policy Group -State Update 3. Carlsbad Priority Bill List -Nov. 7, 2023 Nov. 14, 2023 Item #2 Page 1 of 67 City of Carlsbad Federal Update McCarthy Removed as Speaker of the House October 31 , 2023 On October 3rd, for the first time in 113 years, the House voted on a motion to vacate the Speaker of the House. The motion passed by a vote of 216-210, with 8 Republicans joining all Democrats, resulting in Kevin McCarthy (R-CA) being removed as Speaker. Under the rules, the House cannot conduct any activity on the floor until a Speaker is elected. Rep. Patrick McHenry (R-NC) was appointed as Speaker Pro Tempore until a Speaker is elected. McHenry's role is limited and can only bring the House in and out of session to vote on a Speaker. Since October 3rd, the House Republican caucus put forth four candidates for Speaker: House Majority Leader Steve Scalise (R-LA), House Judiciary Committee Chair Jim Jordan (R-OH), House Majority Whip Tom Emmer (R-MN) and Vice Chair of the House Republican Caucus Mike Johnson (R-LA). Neither Scalise, Jordan , or Emmer were able to secure the 218 votes needed to become Speaker. On October 251h, Rep. Mike Johnson was elected Speaker by a vote of 220-209. All Republican Members present voted for Johnson. Speaker Johnson became the first Speaker of the House to come from the state of Louisiana . FY24 Appropriations Update Both the House and the Senate are continuing to move their respective Fiscal Year 2024 (FY24) appropriations bills. Last week the House passed the Energy and Water Appropriations bill (H.R. 4394) by a vote of210-199. The House plans to continue to work on passing the remaining FY24 appropriations bills in November. The Senate is considering its first minibus package that includes the Military Construction-Veterans Affairs, Agriculture, and the Transportation-Housing and Urban Development appropriations bills. There have been several votes on amendments, most notably the rejection of an amendment by Senator Mike Braun (R-1D) that would have prohibited \ community project funding. The federal government is currently being funded through a Continuing Resolution (CR) which is set to expire on November 17th. White House Sends $106 Billion International Supplemental Request to Congress The White House submitted a $106 billion supplemental funding request to Congress which included the following: • $61.4 billion for Ukraine ■ $14.3 billion for Israel Nov. 14, 2023 www.carpiclay.com Item #2 1 Page 2 of 67 • $13.6 billion for border security • $9.2 billion in humanitarian aid for Ukraine, Israel, and Gaza • $7.4 billion for the Inda-Pacific region Both the House and the Senate will begin consideration of the President's supplemental request this week. White House Sends $55.9 Billion Domestic Supplemental Request to Congress The White House submitted an additional $55.9 billion supplemental funding request to Congress that includes the following : • $23.5 billion for disaster response and recovery • $16 billion for childcare programs • $6 billion for the Affordable Connectivity Program • $6 billion for energy and security programs • $1 .6 billion for the Low-Income Home Energy Assistance Program (LIHEAP) • $1 .55 billion for State Opioid Response grants • $1.05 billion for international food assistance programs • $220 million for federal wildland firefighter salaries Senator Butler Will Not Seek Full Term Senator Laphonza Butler (D-CA) announced that she will not be seeking a full six-year term in the Senate in 2024. She will remain in office for the duration of Senator Dianne Feinstein's term, which ends at the end of 2024. California Senators Receive New Committee Assignments Senate Majority Leader Chuck Schumer (D-NY) announced new committee assignments for several Democratic Members, including California Senators Butler and Alex Padilla. Senator Butler will serve on the following committees: • Judiciary • Banking, Housing, and Urban Affairs • Homeland Security and Governmental Affairs • Rules and Administration Additionally, Senator Padilla will move from the Homeland Security and Governmental Affairs Committee to the Energy and Natural Resources Committee. Reclamation Releases Colorado River Scoping Report The Bureau of Reclamation (Reclamation) released a Scoping Report for Post-2026 Colorado River Reservoir Operations. The report provides a summary of comments received during the public scoping process. Additionally, the report provides information on Reclamation's preliminary assessment of the proposed federal action regarding post- www.carpiclay.com Nov. 14, 2023 Item #2 2 Page 3 of 67 2026 Colorado River operations, purpose and need , and the scope of environmental analysis to be included in the draft environmental assessment statement. DOI Releases SEIS for Near-Term Operations of the Colorado River The Department of the Interior (DOI) and Reclamation released the draft Supplemental Environmental Impact Statement (SEIS) for near-term operations of the Colorado River. The initial draft that was released in April indicated that severe options may need to be pursued due to drought conditions and forecasts, but this revised draft indicates that sticking with the current management plan is now an option. This change is due to the level of winter snowpack and spring runoff that have resulted in raised levels in both Lake Mead and Lake Powell, stating in the report that "Hydrology in the Colorado River Basin has improved compared with the hydrology at the time the SEIS analysis began." Comments on the draft SEIS are due December 12th. House Democrats Introduce Bill to Clarify Scope of Clean Water Act A group of over 100 Democratic House Members, led by House Transportation and Infrastructure Committee Ranking Member Rick Larsen (D-WA), introduced the Clean Water Act of 2023 (H.R. 5983). The bill would clarify the scope of protected water resources under the Clean Water Act (CWA) and codify permitting exemptions for agricultural, mining and construction, and waste treatment activities along with artificial features. The legislation would provide the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) with the authority to periodically review CWA exemptions and make necessary changes. The introduction of this legislation follows the Supreme Court decision in Sackett v. EPA that resulted in a revision of the Waters of the United States rule. House Members Introduce Low-Income Household Water Assistance Program Funding Bill Representatives Debbie Dingell (D-MI), Rashida Tlaib (D-MI), and Lisa Blunt-Rochester (D-DE) introduced legislation that would provide additional funding for the Low-Income Household Water Assistance Program (LIHWAP). The bill, entitled the Water Access Act (H.R. 5793), would provide $500 million in appropriations for the program for Fiscal Year 2024. The LIHWAP program was created by the American Rescue Plan Act in 2021 to assist households with low incomes in paying arrearages and rates charged to the household for drinking water and/or wastewater services. Congressional Letters Bipartisan Letter Requests Update on Monthly Payment Option for National Flood Insurance Program. Representatives Vincente Gonzelez (D-TX) and Andrew Garbarino (R-NY) led a bipartisan letter to Federal Emergency Management Agency (FEMA) Administrator Deanne Criswell requesting an update on the agency's implementation of a monthly installment payment option for National Flood Insurance Program (NFIP) policyholders. Currently, NFIP policyholders can only make a single yearly premium payment. The lawmakers wrote that a monthly payment option will provide homeowners www.carpiclay.com Nov. 14,2023 Item #2 3 Page 4 of 67 that do not escrow their flood insurance premiums with their mortgage payment with more financial flexibility. San Diego Delegation Requests HUD to Reevaluate Continuum of Care Formula Funding. San Diego Democratic Representatives Scott Peters, Mike Levin , Juan Vargas, and Sara Jacobs wrote a letter to Department of Housing and Urban Development (HUD) Secretary Marcia Fudge urging an update to the Continuum of Care (CoC) program funding formula . The letter states the formula was last updated in 1977 and does not reflect the current situation regarding homelessness that many cities like San Diego are facing . Senator Padilla Leads Letter Urging Prioritization of Zero-Emission Medium-and Heavy-Duty Vehicle Infrastructure. Senator Padilla led a letter to the Secretaries of the Departments of Energy (DOE) and Transportation (DOT) urging the Joint Office of Energy and Transportation (JOET) to prioritize the deployment of zero-emission medium-and heavy-duty vehicle infrastructure. The letter requests JOET develop a national plan for zero-emission medium-and heavy-duty infrastructure deployment, coordinate funding opportunities and programs, develop best practices for states and utilities, and promote a national workforce training program. Federal Funding Opportunities & Announcements DOE Awards $3.46 Billion for Grid Resilience and Innovation Partnerships Program. DOE awarded $3.46 billion to 58 projects in 44 states through the Grid Resilience and Innovation Partnerships Program. This program funds projects that modernize the electric grid to mitigate impacts of natural disasters and extreme weather events, increase resiliency and reliability of the electric power grid as renewable energy resources are deployed, and deploy electricity transmission, storage, and distribution technologies. The list of funded projects can be found HERE. DOE Awards $30 Million for EECBG Program. DOE awarded $30 million to 28 state, local, and tribal governments through the Energy Efficiency and Conservation Block Grant (EECBG) Program. The funding will support projects that improve energy efficiency and clean energy infrastructure in public and private spaces. The list of funded projects can be found HERE. DOT Announces Additional $24 Million for Regional Infrastructure Accelerators Awards. DOT announced an expansion of the Regional Infrastructure Accelerators program to 24 accelerators receiving $24 million in funding through the Bipartisan Infrastructure Law (BIL). The program helps to inform future work by measuring how different regional models can expedite the development and delivery of transportation projects. The list of funded projects can be found HERE. DOT Announces SCASD Grant Awards. DOT announced $14.8 million for 10 communities through the Small Community Air Service Development (SCASD) Program. Projects will help small communities maintain and build air service options. The list of awardees can be found HERE. www.carpiclay.com Nov. 14,2023 Item #2 4 Page 5 of 67 DOT Publishes Climate Transportation Research NOFO. DOT published a NOFO for the availability of $2.5 million for the first year to establish the Cl imate and Transportation Research Center that advances research to support Administration efforts to reduce greenhouse gas emissions in the transportation sector, incorporate evidence based climate resilience and adaptation measures and features, reduce the lifecycle greenhouse gas emissions from the project materials, avoid adverse environmental impacts to air or water quality, wetlands, and endangered species, and address the disproportionate negative environmental impacts of transportation on disadvantaged communities, consistent with Executive Order 14008, "Tackling the Climate Crisis at Home and Abroad" (86 FR 7619). Further, DOT seeks to fund a climate and transportation research center that will advance research to support Administration efforts to create proportional impacts to all populations in a project area , remove transportation related disparities to all populations in a project area, and increase equitable access to project benefits, consistent with Executive Order 13985, "Advancing Racial Equity and Support for Underserved Communities Through the Federal Government" (86 FR 7009). Applications are due November 27th and more information can be found HERE. DOT Announces SS4A Grant Awards. DOT announced $86 million for 235 projects through the Safe Streets and Roads for All (SS4A) discretionary grant program. The grant awards announced for Round 1 will help fund planning and demonstration projects to help the nation's cities, counties, metropolitan planning organizations, and tribal governments better understand the safety challenges in their communities, and then begin to identify solutions to make streets, roads, and highways safer for all road users. The list of awards can be found HERE. EDA Announces 31 Tech Hubs and 29 Strategic Development Grants. The Economic Development Administration (EDA) announced the designation of 31 Tech Hubs as part of the first phase of the agency's Tech Hubs program. The Tech Hubs program is designed to build regional capacities to manufacture, commercialize, and deploy innovative technologies. EDA also announced 29 Strategic Development Grants (SDG) to promote regional collaboration. The list of Tech Hub designees and SDG recipients can be found HERE. EPA Announces $128 Million in Environmental Justice Grants. EPA awarded $128 million for 186 projects through the Environmental Justice Government-to-Government (EJG2G) Program and the Environmental Justice Collaborative Problem Solving (EJCPS) Program. The agency selected 88 EJG2G recipients to receive $84. 7 million to support state, local, territorial, and tribal government partnerships with community-based organizations focused on environmental or public health impacts in environmental justice (EJ) communities. EPA selected 98 EJCPS recipients to receive $43.3 million to support projects that focus on EJ community resilience, revitalization, and emergency preparedness. The list of EJG2G recipients can be found HERE and the list of EJCPS recipients can be found HERE. www.carpiclay.com Nov. 14,2023 Item #2 5 Page 6 of 67 FAA Announces Winter Weather AIG Awards. The Federal Aviation Administration (FAA) announced $57.6. million to 47 airports in Winter Weather Airport Infrastructure Grants (AIG). The grants will help airports purchase equipment to combat winter weather such as snowplows, de-icing equipment, and new or upgraded facilities to store this equipment. The list of awardees can be found HERE. Federal Permitting Improvement Steering Council Announces $155 Million for Federal Agency Permitting Review Efficiency and Effectiveness. The Federal Permitting Improvement Steering Council announced $155 million in funding for federal agencies to improve the efficiency and effectiveness of infrastructure permitting review and authorizations. The funding will support streamlining the permitting process for renewable energy generation, broadband, semiconductor facilities, and electric transmission projects. The list of federal agencies receiving assistance can be found HERE. FEMA Releases $1 Billion Building Resilient Infrastructure and Communities NOFO. The Federal Emergency Management Agency (FEMA) released a $1 billion Notice of Funding Opportunity (NOFO) for the Building Resilient Infrastructure and Communities program. This program funds hazard mitigation projects. Applications are due February 29th and more information can be found HERE. FHWA Publishes BIP Large Bridge Project NOFO. The Federal Highway Administration (FHWA) published a $9.62 billion NOFO for the Bridge Investment Program's (BIP) Large Bridge Project Grants program. This program will fund projects for bridges with total eligible project costs over $100 million , with minimum grant awards of $50 million, and maximum grant awards of 50 percent of the total eligible project costs. Applications are due November 27th and more information can be found HERE. FHWA Announces FY 2024 Apportionments. FHWA allocated $61 billion in FY 2024 apportionments to 12 formula programs to all 50 states, the District of Columbia, and Puerto Rico. The funding will support investment in critical infrastructure, including roads, bridges and tunnels, carbon emission reduction, and safety improvements, as well as workforce development to support these investments, utilizing funding from the BIL. The full list of apportionments can be found HERE. FHWA Publishes AID Demonstration NOFO. FHWA published a $47.5 million NOFO for tribal governments through the Accelerated Innovation Deployment (AID) Demonstration program. The program helps to fund projects that accelerate the implementation and adoption of innovation in highway transportation. A notice of intent is due December 12th, and applications are due January 23rd. More information can be found HERE. FHWA Publishes Accelerating V2X Deployment NOFO. FHWA published a $40 million NOFO through the Saving Lives with Connectivity: Accelerating V2X Deployment grant opportunity. The grants will help fund projects that deploy, operate, document, and showcase integrated, advanced roadway deployments featuring applications enabled by www.carpiclay.com Nov. 14,2023 Item #2 6 Page 7 of 67 interoperable wireless connectivity (among vehicles, mobile devices, and smart infrastructure) that substantially and quantitatively improve system safety, enhance traveler mobility, improve efficiency of goods movement, mitigate environmental impacts, and address disparities in transportation equity. Applications are due January 17th and more information can be found HERE. HUD Releases $212 Million Section 811 Supportive Housing for Persons with Disabilities NOFOs. The Department of Housing and Urban Development (HUD) released two NOFOs for the Section 811 Supportive Housing for Persons with Disabilities program: ■ Section 811 Capital Advance Program ($106 Million). This grant program will fund projects that support the development of permanent supportive rental housing for very-low-income persons with disabilities. Applications are due February 12th and more information can be found HERE. ■ Section 811 Project Rental Assistance Program ($106 Million). This grant program will support collaborations between state housing and health agencies that provide appropriate services to new and existing permanent supportive housing units for very-low-income persons with disabilities. Applications are due February 12th and more information can be found HERE. HUD Awards $160.1 Million for Section 202 Supportive Housing for the Elderly Program. HUD awarded $160.1 million in grant funding to non-profit organizations that support the development or the redevelopment of affordable multifamily rental housing and rental assistance for low-income seniors. The list of selected projects can be found HERE. HUD Announces Availability of $30.37 Million for Fair Housing Organization Grant Programs. HUD announced the availability of $30.37 million for four grant programs for housing discrimination prevention. The available grants include: ■ Education and Outreach Initiative ($9.466 million). This program funds the development, implementation, and execution of education and outreach programs to inform the public about rights and obligations under the Fair Housing Act. Applications are due November 30th and more information can be found HERE. • Education and Outreach Initiative -Test Coordinator Training ($500,000). This grant provides funding for eligible organizations to support fair housing training courses in fair housing testing. Applications are due November 30th and more information can be found HERE. ■ Fair Housing Organizations Initiative ($3.7 Million). This grant funds eligible organizations to conduct fair housing related enforcement activities or establish new organizations for fair housing enforcement. Applications are due November 30th and more information can be found HERE. ■ Private Enforcement Initiative ($16.7 Million). This program funds organizations that conduct testing, investigate violations, and obtain enforcement of rights www.carpiclay.com Nov. 14,2023 Item #2 7 Page 8 of 67 granted under the FHA or applicable state and local laws. Applications are due November 30th and more information can be found HERE. NOAA Releases $600,000 Sea Grant Program Disaster Preparedness for Coastal Communities NOFO. The National Oceanic and Atmospheric Administration (NOAA) released a $600,000 NOFO to support disaster preparedness, response, and recovery initiatives for coastal communities. Applications are due March 13th, and the program is only open to existing Sea Grant program participants. More information can be found HERE. Federal Agency Personnel/Regulatory Announcements President Biden Issues EO Designating OHS as Lead Agency for Artificial Intelligence. President Biden issued an Executive Order (EO) titled "On the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence," which designates the Department of Homeland Security (OHS) as the lead agency responsible for overseeing the development of artificial intelligence (Al) technology. OHS will manage Al in critical infrastructure and cyberspace, promote the adoption of Al safety standards globally, reduce the potential of Al related development of weapons of mass destruction, reduce Al-related intellectual property theft, and promote Al workforce development. A OHS fact sheet on the EO can be found HERE. DOD Releases Report on PFAS Groundwater Contamination at Installations. The Department of Defense (DOD) released a congressionally mandated report titled "Per- and Polyfluoroalkyl Substances in Groundwater." The report found that plumes of Per- and Polyfluoroalkyl (PFAS) were found flowing from 245 out of 275 military installations and other sites near groundwater aquifers. DOT BTS Publishes Vehicle Inventory and Use Survey. DOT's Bureau of Transportation Statistics (BTS) published the 2021 Vehicle Inventory and Use Survey (VIUS). The data will guide investments in transportation infrastructure and veh icle technologies and evaluate truck safety, estimate emissions and energy consumption, and understand the role of trucks in economic activity. This is the first time in 20 years this data has been published . DOT Adds Data and Mapping Tools. DOT added new data and mapping tools that aim to provide a high-level overview and guidance that may be useful in writing discretionary grant applications and developing projects. The new tools can be found HERE. DOT Publishes Commercial eloran Capacity RFI. DOT has published a request for information (RFI) to determine if there is interest from private entities in offering a U.S. commercial enhanced Long-Range Navigation (eloran) service to the public in the United States on a fee-for-service basis without any Federal investment, subsidy, procurement commitment or other commitment of credit or budgetary resources. If respondent has an interest in offering a U.S.-based commercial eloran service on a fee-for-service basis, identify what impediments stand in the way of respondent offering a U.S. commercial eloan service. If lack of access to any federally controlled assets and non-budgetary www.carpiclay.com Nov. 14, 2023 Item #2 8 Page 9 of 67 assistance related to utilizing such federally controlled assets are identified as impediments to offering such a service, a subsequent Request for Information may be issued to obtain additional data. Responses should be filed by November 2nd and more information can be found HERE. EPA Withdraws Cybersecurity Mandate for Water Utilities. Last week, the EPA announced that it is withdrawing its cybersecurity mandate for water utilities. The memo entitled "Addressing Public Water System Cybersecurity in Sanitary Surveys or an Alternate Process," stated that utilities would have been required to incorporate cybersecurity into periodic audits of water systems, commonly called "sanitary surveys." Those audits are already conducted on a regular basis by water utilities, and when EPA debuted the mandate in March, regulators insisted that the request was within its authorities. In July, the 8th U.S. Circuit Court of Appeals issued a stay in favor of the trio of states, freezing the rule while litigation played out. EPA Publishes Final PFAS Reporting Rule. EPA published a final rule requiring reporting on PFAS to the Toxics Release Inventory. The rule eliminates an exemption that allowed facilities to avoid reporting use of small concentrations of PFAS chemicals. The final rule is effective November 13th. EPA Proposes Trichloroethylene Ban. EPA published a proposal under the Toxic Substances Control Act (TSCA) to ban all uses of trichloroethylene (TCE). TCE is currently used cleaning and furniture care products, degreasers, break cleaners, and tire repair sealants. The chemical is known to cause health risks such as cancer, neurotoxicity, and reproductive toxicity. Comments are due December 15th and more information can be found HERE. EPA Releases 2022 GHG Reporting Program Data. EPA released 2022 greenhouse gas (GHG) data collected under the agency's GHG Reporting Project. EPA collected data from over 8,100 industrial facilities. EPA Releases Public Engagement Guide for State and Local Governments. EPA published a guide for state and local governments titled "Capacity Building Through Effective Meaningful Management." The guide includes tips for conducting outreach and reaching community consensus. FHWA Announces Round 7 AFC Designations. The Federal Highway Administration announced Round 7 Alternative Fuel Corridor (AFC) designations. These corridors will assist in expanding alternative fuels across the country. The list of designees can be found HERE. FHWA Publishes EV Infrastructure One-Pagers on Environmental Reviews. FHWA published two electric vehicle (EV) one-pagers with information to help navigate the environmental review process for EV infrastructure: • EVs and the National Environmental Policy Act (NEPA) • EVs and Categorial Exclusions www.carpiclay.com Nov. 14,2023 Item #2 9 Page 10 of 67 FRA Publishes PTC Regulations and Emergency Routing Notice. The Federal Railroad Administration (FRA) published a notice to inform the public about regulations permitting railroads to temporarily reroute a train equipped with a positive train control (PTC) system onto a track not equipped with a PTC system, in the event an emergency prevents usage of the regularly used track. This notice contains information about the process a railroad must follow to notify FRA and/or obtain FRA's approval, depending on the duration of the rerouting . FRA Publishes Locomotive Image and Audio Recording Devices Final Rule. The FRA publ ished a final rule requiring the installation of inward-and outward-facing locomotive image recording devices on all lead locomotives in passenger trains, as required by the Fixing America's Surface Transportation Act (FAST Act). In general, the final rule requires that these devices record while a lead locomotive is in motion and retain the data in a crashworthy memory module. The rule also treats locomotive-mounted recording devices on passenger locomotives as "safety devices" under existing federal railroad safety regulations to prohibit tampering with or disabling them. The rule is effective on November 13th. HUD Proposes ConnectHomeUSA Initiative Expansion and Restructuring. HUD issued a proposal to expand the ConnectHomeUSA Initiative to include 50-100 new communities and to restructure the Initiative into a three-tiered program. Through the Initiative, HUD works with public housing authorities, Tribally Designated Housing Entities, and multifamily housing providers to implement a digital inclusion program that provides internet connection to low-income communities. Comments on the proposal are due December 18th, after which HUD will begin accepting Letters of Intent (LOI). LOls are due February 14th. HUD Expands Small Area Fair Market Rents Housing Choice Voucher Rule Coverage. HUD announced that 41 additional metropolitan areas will be required to adhere to the 2016 Small Area Fair Market Rent Final Rule for the Housing Choice Vouchers program beginning January 1st, 2025. There are currently 24 metropolitan areas that are required to follow the rule that allows Public Housing Agencies to set the maximum rent that housing vouchers will cover at the ZIP code level instead of setting a uniform standard across a metropolitan area. More information can be found HERE. HUD Publishes Commercial to Residential Conversion Guide. HUD published a new guide titled "Commercial to Residential Conversions: A Guidebook to Available Federal Resources." The guidebook provides information on federal programs, loans, grant, guarantees, and tax incentives that support conversion of commercial properties into residential. IRS Publishes NPRM for the Transfer of Clean Vehicle Credits. The Internal Revenue Service (IRS) published a NPRM that provides guidance regarding certain clean vehicle credits. The proposed regulations would provide guidance for taxpayers who purchase qualifying previously owned clean vehicles or purchase qualifying new clean vehicles and intend to transfer the amount of any previously owned clean vehicle credit or new clean www.carpiclay.com Nov. 14,2023 Item #2 10 Page 11 of 67 vehicle credit to dealers who are entities eligible to receive advance payments of either credit. The proposed regulations would also provide guidance for dealers to become eligible entities to receive advance payments of previously owned clean vehicle credits or new clean vehicle credits, and rules regarding recapture of the credits. The proposed regulations would affect taxpayers intending to transfer previously owned clean vehicle or new clean vehicle credits and eligible entities to whom the credits are transferred, as well as taxpayers who purchased previously owned clean vehicles or new clean vehicles in the event the vehicles cease being eligible for the credits. Finally, the proposed regulations provide guidance on the meaning of three new definitions added to the exclusive list of "mathematical or clerical errors" relating to certain assessments of tax without a notice of deficiency. Comments are due December 11 th• IRS Updates Commercial Clean Vehicle Credits FAQs. IRS updated its frequently asked questions (FAQs) related to new, previously owned, and qualified commercial clean vehicle credits. ## ## ## www.carpiclay.com Nov. 14,2023 Item #2 11 Page 12 of 67 November 7, 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 -October 2023 GOVERNOR'S FINAL LEGISLATIVE ACTIONS FOR THE YEAR Bills by the Numbers October 14 marked the deadline for all bills to be acted upon by Governor Newsom. Of the 2,662 bills introduced in 2023, 1,046 made it to the Governor's desk for consideration and ultimately 890 were signed and 156 were vetoed. This sign/veto rate is congruent with the average since the Governor took office at approximately 85% to 15%. Bills which did not reach the Governor's desk either died in committee or were shelved as two-year bills to be taken up by the end of January 2024. 2023 Policy Trends The 2023 legislative year saw the Governor take an overall moderate stance on contested, high profile policies. This was perhaps best evidenced by his approach to the legislative package that resulted from the "hot labor summer." Newsom delivered on several pieces of key legislation with labor backing that were opposed by many business and local government groups, including: • AB 1228 (Chapter 262, Statutes of 2023), which increases the minimum wage of fast food and healthcare workers, • AB 1 (Chapter 313, Statutes of 2023), which allows legislative staffers to unionize, and • AB 1484 (Chapter 313, Statutes of 2023), which requires temporary public employees to be included in the same bargaining unit as permanent employees. However, the Governor also vetoed several labor priorities at the request of many business and local government groups-in a move that symbolizes a departure from prior years and a more moderate overall impact-including: • SB 799, that would have allowed striking employees to receive unemployment benefits, • AB 316, that required human safety drivers on autonomous semi-trucks, and • AB 504, that would have permitted sympathy striking as a human right for public sector employees. In his veto messages for these bills, the Governor noted their high cost and the looming budget deficit for the foreseeable future. However, the Governor stayed true to his messaging on increasing the state's housing, signing most housing and land use bills that adva nced to him for consideration, including legislation to streamline Nov. 14, 2023 Item #2 1 Page 13 of 67 ADVOCACY FOR THE PUBLIC GOOD. regulations and to make it easier to sell ADUs. He also signed several bills designed to protect tenants, including in the areas of rent gouging and eviction, disability requirements, and security deposits. All together, these actions seem indicative of the Governor leaning towards the center in preparation for future higher office as his term for Governor begins to wind down-although which specific office that is remains to be seen. INFORMATIONAL HEARINGS Several informational hearings have been held by the Legislature since it adjourned in September. The Legislature holds informational hearings to gather information from stakeholders on a subject which they may use to generate or consider future legislation. While no formal actions are taken during informational hearings, the major themes, committee member comments, specific panelists used, and overall tone of the conversation all play a role in assessing which major policies may be looked to be advanced during the legislative session. Wildfire Insurance Market Hearing The Assembly Insurance Committee and the Assembly Select Committee on Wildfire Prevention held a joint informational hearing on October 9 in Santa Rosa. The subject of the hearing was "Wildfire Insurance: Risk, Resiliency & Recovery" and focused on how the recent wildfires have affected the wildfire insurance market in California. For nearly three hours, witnesses from the Administration, environmental nonprofits, and insurance industry advocates testified to the Joint Committee on the causes and consequences of the recent unprecedented wildfires throughout the state. There was widespread agreement on the need for mitigation as a primary strategy for the prevention of wildfire destruction, but disagreement on which specific mitigation strategies should be taken and the affects that these strategies have on wildfire insurance rates. Given the instability of the wildfire insurance market in California, the recent executive order issued by the Governor which urged action by Commissioner Lara, and the agreement on wildfire coverage announced by Commissioner Lara, it is likely that this may be a hot topic in 2024. Potential future legislation could include increasing or streamlining regulations, changing the way that state agencies model fire risk, incentivizing and funding mitigation efforts, and/or other policies designed to stabilize the wildfire insurance market. The agenda for this hearing can be found here. SB 855 Oversight Hearing The Senate Select Committee on Mental Health & Addiction held an informational hearing on October 18. The subject of the hearing was "Compliance with California's Mental Health Parity Law" and served as an oversight hearing for SB 855 (Chapter 151, Statutes of 2020). The bill requires a health plan or disability insurance policy to provide coverage for medically necessary treatment of mental health and substance use disorders under the same terms and conditions applied to other medical conditions. Over the course of more than two hours, witnesses from the Administration, healthcare provider nonprofits, and healthcare advocacy groups testified to the Select Committee on the state of the mental healthcare insurance market in California. Testimony centered on whether insurers and providers have been complying with the provisions of SB 855 and how to create parity in plan coverage between healthcare and mental healthcare. Possible legislation in 2024 may aim to reach such parity. The agenda for this hearing can be found here. Nov. 14, 2023 Item #2 2 Page 14 of 67 ADMINISTRATION ACTIONS Behavioral Health Ballot Measure Governor Newsom held a press conference on October 12 to announce the signing into law of AB 531 (Chapter 789, Statutes of 2023) and SB 326 (Chapter 790, Statutes of 2023), the two bills that comprised his behavioral health legislative package. The Governor stated that the measures will "prioritize getting people off the streets, out of tents and into treatment." The package contains $6.38 billion in funding from a general obligation bond for behavioral health infrastructure and reforms the Mental Health Services Act. The measures will be put to voters on the March 5, 2024 ballot as Proposition 1. The Governor also announced at the press conference his California Mental Health Movement, a "sweeping plan to address the mental health and substance use disorder crises happening across the state -impacting Californians in every community." The plan includes more than $28 billion in funding for behavioral health in several different program areas. IRS Deadline Extension and October Tax Receipts The IRS announced on October 16 that it had further extended the tax filing deadline for California taxpayers affected by the severe winter storms in January to November 16. All counties in the state except Lassen, Modoc, and Shasta qualify for the extension. According to the Assembly budget advisor Jason Sisney, the Franchise Tax Board collected about $28 billion less in personal and corporate tax than the expected $44.9 billion for the month as of October 27. This expected shortfall is likely due to the IRS deadline extension and may significantly limit future state revenue forecasts by the Administration and the Legislature. The extended deadline is likely to prove problematic as the Administration's Department of Finance and the Legislature's nonpartisan Legislative Analyst's Office work to provide fiscal forecasting for the January budget proposal, which means that projections will be educated guesses and may need additional adjustment as filings roll in and actual numbers are realized. RPPG MONTHLY LEGISLATIVE ACTIVITY RPPG continues to work with City staff to prepare for the next legislative session, to evaluate the need for revision to the legislative platform, an d to establish policy and fiscal priorities heading into 2024. Housing and Transportation Bills Memo RPPG sent the City a memo on October 18 which provided a list of all housing and transportation bills enacted in 2023 (Attachment A). Proposition 1 Memo RPPG sent the City a memo on October 30 which contained an analysis of Proposition 1, the Behavioral Health Infrastructure Bond Act of 2024 (Attachment B). Deep Dives RPPG met with City department staff throughout the month to conduct deep dives to review legislative priorities, funding priorities, and proposed ideas for sponsored legislation. Update on Positioned Legislation Below is the final 2023 outcome for all legislation on which the City has adopted a position. • AB 33 (Bains) Fentanyl Addiction and Overdose Prevention Task Force Nov. 14,2023 Item #2 3 Page 15 of 67 o City Position: Support o Status: Chaptered by Secretary of State -Chapter 887, Statutes of 2023 • AB 40 (Rodriguez) Emergency medical services o City Position: Support o Status: Chaptered by Secretary of State -Chapter 793, Statutes of 2023 • AB 86 (Jones-Sawyer) Homelessness: Statewide Homelessness Coordinator o City Position: Support o Status: Held in committee • AB 399 (Boerner) Water Ratepayers Protections Act of 2023: County Water Authority Act: exclusion of territory: procedure o City Position: Watch o Status: Chaptered by Secretary of State -Chapter 802, Statutes of 2023 • AB 474 (Rodriguez) State Threat Assessment Center: transnational criminal organizations o City Position: Support o Status: Vetoed • AB 531 (Irwin) The Behavioral Health Infrastructure Bond Act of 2023 o City Position: Support o Status: Chaptered by Secretary of State -Chapter 789, Statutes of 2023 • AB 557 (Hartl Open meetings: local agencies: teleconferences o City Position: Support o Status: Chaptered by Secretary of State -Chapter 534, Statutes of 2023 • AB 584 (Hartl California Coastal Act of 1976: coasta l development: emergency waiver o City Position: Support o Status: Chaptered by Secretary of State -Chapter 118, Statutes of 2023 • AB 701 (Villapudua) Controlled substances: fentanyl o City Position: Support o Status: Chaptered by Secretary of State -Chapter 540, Statutes of 2023 • AB 742 (Jackson) Law enforcement: police canines o City Position: Oppose o Status: Inactive File • AB 817 (Pacheco) Open meetings: teleconferencing: subsidiary body o City Position: Support o Status: Two-year bill • AB 1188 (Boerner) Transportation: bicycle safety handbook o City Position: Support o Status: Held in committee • AB 1207 (Irwin) Cannabis: labeling and advertising o City Position: Support o Status:Vetoed • AB 1484 (Zbur) Temporary public employees o City Position: Oppose o Status: Chaptered by Secretary of State -Chapter 691, Statutes of 2023 • AB 1628 (McKinnor) Microfiber filtration o City Position: Support o Status: Vetoed Nov. 14,2023 Item #2 4 Page 16 of 67 • AB 1708 (Muratsuchi) Theft o City Position: Support o Status: Held in committee • SB 19 (Seyarto) Anti-Fentanyl Abuse Task Force o City Position: Support o Status: Chaptered by Secretary of State -Chapter 857, Statutes of 2023 • SB 43 (Eggman) Behavioral health o City Position: Support o Status: Chaptered by Secretary of State -Chapter 637, Statutes of 2023 • SB 326 (Eggman) The Behavioral Health Services Act o City Position: Support o Status: Chaptered by Secretary of State -Chapter 790, Statutes of 2023 • SB 363 (Eggman) Facilities for inpatient and residential mental health and substance use disorder: database o City Position: Support o Status: Held in committee • SB 381 (Min) Electric bicycles: study o City Position: Support o Status: Chaptered by Secretary of State -Chapter 869, Statutes of 2023 • SB 423 (Wiener) Land use: streamlined housing approvals: multifamily housing developments o City Position: Support o Status: Chaptered by Secretary of State -Chapter 778, Statutes of 2023 • SB 428 (Blakespear) Temporary restraining orders and protective orders: employee harassment o City Position: Sponsor o Status: Chaptered by Secretary of State -Chapter 286, Statutes of 2023 • SB 537 (Becker) Open meetings: multijurisdictional, cross-county agencies: teleconferences o City Position: Pending Support o Status: Inactive File • SB 689 (Blakespear) Local coastal program: conformity determination o City Position: Pending Support o Status: Two-year bill • SB 747 (Caballero) Land use: economic development: surplus land o City Position: Neutral o Status: Chaptered by Secretary of State -Chapter 786, Statutes of 2023 LOOKING FORWARD • JANUARY 1: All measures signed into law in 2023, unless otherwise excepted, go into effect. • JANUARY 3: The 2024 legislative year begins. • JANUARY 10: Governor announces fiscal year 2024-2025 budget proposal. • JANUARY 31: Deadline for bills introduced in 2023 to pass their house of origin to continue to advance in 2024. • FEBRUARY 16: Last day to introduce bills in 2024. Nov. 14,2023 Item #2 5 Page 17 of 67 ADVOCACY FOR THE PUBLIC GOOD. October 18, 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: Housing and Transportation Bills Enacted in 2023 Attachment A Below is a list of all housing and transportation bills that were chaptered in the 2023 legislative session. Note: Unless otherwise stated, all measures will become effective January 1, 2024. Bill Number (Author) Bill Title AB 42 (Ramos) Tiny homes: temporary sleeping cabins: fire sprinkler requirements Chapter 725, Statutes of 2023 AB 281 (Grayson) Planning and zoning: housing: postentitlement phase permits Chapter 735, Statutes of 2023 AB 318 (Addis) Mobile home Residency Law Protection Act Nov. 14,2023 Housing/Land Use Bills Brief Description Defines "temporary sleeping cabin" to mean a nonpermanent structure that is intended to provide temporary housing to people experiencing homelessness or at risk of homelessness, has a total floor area of less than 250 feet, and does not include plumbing. This bill would require a special district that receives an application from a housing development project for service from a special district or an application from a housing development project for a postentitlement phase permit, as specified, to provide written notice to the applicant of next st eps in the review process, including, but not limited to, any additional information that may be required to begin to review the application for service or approval. Deletes the requirement that the Department of Housing and Community Development select the most severe, deleterious, and materially and economically impactful alleged violations Item #2 Effective date and sunset date, if applicable Sunset date for some provisions: January 1, 2027 Sunset date: January 1, 2027 1 Page 18 of 67 Chapter 736, Statutes of 2023 AB 323 (Holden) Density Bonus Law: purchase of density bonus units by nonprofit housing organizations: civil actions Chapter 738, Statutes of 2023 AB 346 (Quirk- Silva) Income tax credits: low- income housing: California Debt Limit Allocation Committee rulemaking Chapter 739, Statutes of 2023 AB 426 (Ja ckson) Unlicensed residential foster ca re facilities: temporary placement management Chapter 438, Statutes of 2023 AB 434 (Grayson) Housing element: notice of violation Chapter 740, Statutes of 2023 AB 480 (Ting) Surplus land Nov. 14,2023 Prohibits a developer from selling a unit constructed pursuant to a local inclusionary zoning ordinance that is intended for owner-occupancy by persons or families of extremely low, very low, low, or moderate income t o a purchaser that is not a person or family of extremely low, very low, low, or moderate income. Authorizes the California Debt Limit Allocation Committee (CDLAC) to adopt, amend, or repeal rules and regulations without complying with the procedural requirements of the Administrative Procedures Act, except as specified. Authorizes the Department of Social Services to assess an immediate civil penalty in the amount of $1,000 for each day of the violation on a person, as defined, w ho provides residential care to children. Requires the Department of Housing and Community to review an adopted housing element or amendment and report its findings to the local planning agency within 60 days. Defines the term "dispose" to mea n the sale of the surplus property or a lease of any surplus property entered into on or after January 1, 2024, for a term longer than 15 years, including renewal options, as Item #2 Section 1 sunsets January 1, 2029; Section 2 effective January 1, 2029 2 Page 19 of 67 Chapter 788, Statutes of 2023 AB 516 (Ramos) Mitigation Fee Act: fees for improvements: reports and audits Chapter 741, Statutes of 2023 AB 519 (Schiavo) Affordable Housing Finance Workgroup: affordable housing: consolidated application and coordinated review process Chapter 742, Statutes of 2023 AB 529 {Gabriel) Adaptive reuse projects Chapter 743, Statutes of 2023 AB 531 (Irwin) The Behavioral Health Infrastructure Bond Act of 2023 Chapter 789, Statutes of 2023 AB 548 (Boerner) State Housing Law: inspection Chapter 744, Statutes of 2023 Nov. 14, 2023 specified. The bill would provide that "dispose" does not include entering a lease for surplus land on which no development or demolition will occur, regardless of the term of the lease. Requires a Mitigation Fee Act report to include an identification of each public improvement identified in a previous report, whether construction began on the approximate date noted in the previous report, the reason for the delay, if any, and a revised approximate date that the local agency will commence construction, if applicable. Requires specified reviewing entities, as defined as the above-described entities, to jointly convene an Affordable Housing Finance Workgroup to develop recommendations for state-administered programs to utilize a consolidated application for multifamily affordable rental housing developers Adds the facilitation of the conversion or redevelopment of commercial properties into housing, including the adoption of adaptive reuse, as defined, ordinances or other mechanisms that reduce barriers for these conversions, to the list of specified prohousing local policies. Funds projects that provide housing for individuals and families who are experiencing homelessness or who are at risk of homelessness and who are inherently impacted by or at increased risk for medical diseases. Requires local enforcement agencies, by January 1, 2025, to develop policies and procedures for inspecting a building with multiple units if an inspector or code enforcement officer has determined that a unit is substandard or is in violation of the State Housing Law, and the inspector or code enforcement officer determines that the defects or violations have Item #2 March 2024 if passed by voters 3 Page 20 of 67 AB 572 (Haney) Common interest developments: imposition of assessments Chapter 745, Statutes of 2023 AB 604 (Lee) Mobilehome parks: water utility charges Chapter 807, Statutes of 2023 AB 671 (Ward) CalHome Program: accessory dwelling units Chapter 746, Statutes of 2023 AB 812 (Boerner) Housing development approvals: reserving affordable units in or near a cultural district for artists Chapter 747, Statutes of 2023 AB 821 (Grayson) Planning and zoning: general plan: zoning ordinance: conflicts Chapter 748, Statutes of 2023 Nov. 14,2023 the potential to affect other units of the building, as specified. Prohibits an association that records its original declaration on or after January 1, 2025, from imposing an increase of a regular assessment on the owner of a deed-restricted affordable housing unit that is more than 5% plus the percentage change in the cost of living, not to exceed 10% greater than the preceding regular assessment for the association's preceding fiscal year. Provides that a person or other entity that maintains a mobilehome park or a multiple unit residential complex, and provides water service through a submeter service system, is exempt from regulation as a public utility if management of the mobilehome park complies with the limitations on charges and fees provided for in the Mobilehome Residency Law Specifies that that for home ownership development projects that include construction of accessory dwelling units or junior accessory dwelling units, neither the CalHome Program nor any administrative rule or guideline implementing the CalHome Program precludes those dwelling units from being separately conveyed to separate lower income households on separate parcels created pursuant to specified law. Authorizes a city or county that requires, as a condition of approval, that a certain percentage of units of a residential development be affordable housing, as specified, to reserve for artists up to 10% of those required affordable housing units, except as provided. Requires, in specific circumstances, a local agency to either amend the zoning ordinance within 180 days from the receipt of the development application to be consistent with the general plan, or to process the development application, as specified Item #2 Effective date: January 1, 2025 4 Page 21 of 67 AB 835 (Lee) State Fire Marshal: building standards: single-exit, single stairway apartment houses: report Chapter 345, Statutes of 2023 AB 894 (Friedman) Parking requirements: shared parking Chapter 749, Statutes of 2023 AB 911 {Schiavo) Unlawfully restrictive covenants: affordable housing Chapter 750, Statutes of 2023 AB 932 (Ting) Accessory dwelling units: Accessory Dwelling Unit Program: reports Chapter 169, Statutes of 2023 AB 968 (Grayson) Single-family residential property: disclosures Chapter 95, Statutes of 2023 Nov. 14, 2023 Require the State Fire Marshal to research standards for single-exit, single stairway apartment houses, with more than 2 dwelling units, in buildings above 3 stories and provide a report to specified legislative committees and to the California Building Standards Commission by January 1, 2026 Requires a local agency to allow parking spaces identified in a shared parking agreement to count toward meeting automobile parking requirements for a new or existing development or use, including, but not limited to, shared parking in underutilized spaces and in parking lots and garages that will be constructed as part of the development or developments when specified conditions regarding the distance between the entities that will share the parking are met. Requires the county recorder to notify the owner or submitting party of the county counsel's determination without delay, so that notice may be given by the owner regarding the authorization to record the modification document. Requires CalHFA to evaluate the program and report CalHFA's findings to the Legislature by January 1, 2025. Requires a seller of a single-family residential property who accepts an offer for the sale of the single-family residential property within 18 months from the date that title for the single-family residential property was transferred to the seller to disclose to the buyer specified information. Item #2 Sunset date: January 1, 2028 5 Page 22 of 67 AB 976 (Ting) Accessory dwelling units: owner- occupancy requirements Chapter 751, Statutes of 2023 AB 1033 (Ting) Accessory dwelling units: local ordinances: separate sale or conveyance Chapter 752, Statutes of 2023 AB 1114 (Haney) Planning and zoning: housing development projects: postentitlement phase permits Chapter 753, Statutes of 2023 AB 1218 (Lowenthal) Development projects: demolition of residential dwelling units Chapter 754, Statutes of 2023 AB 1280 (Maienschein) Fire hazard severity zones: disclosures Chapter 99, Statutes of 2023 Nov. 14,2023 Prohibits a local agency from imposing an owner- occupancy requirement on any accessory dwelling unit. Authorizes a local agency to adopt a local ordinance to allow the separate conveyance of the primary dwelling unit and accessory dwelling unit or units as condominiums, as specified. Modifies the definition of "postentitlement phase permit" to also include all building permits and other permits issued under the California Building Standards Code or any applicable loca l building code for the construction, demolition, or alteration of buildings, whether discretionary or nondiscretionary. Expands the demolition of residential dwelling units prohibitions to prohibit an affected city or affected county from approving any development project that will require the demolition of occupied or vacant protected units. Requires a single-family residential property is located within a fire hazard severity zone to specify whether the property is located in a high or very high fire hazard severity zone. Item #2 Sunset date: January 1, 2030 6 Page 23 of 67 AB 1287 (Alvarez) Density Bonus Law: maximum allowable residential density: additional density bonus and incentives or concessions Chapter 755, Statutes of 2023 AB 1307 (Wicks) California Environmental Quality Act: noise impact: residential projects Chapter 160, Statut es of 2023 AB 1308 (Quirk- Silva) Planning and Zoning Law: single- family residences: parking requirements Chapter 756, Statutes of 2023 AB 1317 (Carrillo, Wendy) Unbundled parking Chapter 757, Statutes of 2023 AB 1319 (Wicks) Bay Area Housing Finance Authority: housing revenue Chapter 758, Statutes of 2023 AB 1332 (Carrillo, Juan) Accessory Nov. 14,2023 Defines "maximum allowable residential density" to mean the greatest number of units allowed under the zoning ordinance, specific plan, or land use element of the general plan, or, if a range of density is permitted, the greatest number of units allowed by the specific zoning range, specific plan, or land use element of the genera l plan applicable to the project. Specifies that the effects of noise ge nerated by project occupants and their guests on human beings is not a significa nt effect on the environment for residential projects for purposes of CEQA. Prohibits a public agency, as defined, from increasing the minimum parking requirement that applies to a single-family residence as a condition of approval of a project to remodel, renovate, or add to a single-family residence, except as specified. Requires the owner of qualifying residential property, as defined, that provides parking with the qualifying residential property to unbundle parking from the price of rent, as specified. Requires the Bay Area Housi ng Finance Authority and executive board to form an advisory committee composed of at least 9 and no more than 11 representatives with knowledge and expertise in the areas of affordable housing finance, construction workforce, and development, tenant protection, and housing preservation. Requires each local agency, by January 1, 2025, to develop a program for the preapproval of accessory Item #2 Effective date: Sept ember 7, 2023 7 Page 24 of 67 dwelling units: preapproved plans Chapter 759, Statutes of 2023 AB 1386 (Gabriel) Veterans housing: tenant referrals Chapter 760, Statutes of 2023 AB 1418 (McKinnor) Tenancy: local regulations: contact with law enforcement or criminal convictions Chapter 476, Statutes of 2023 AB 1439 (Garcia) Low-income housing tax credit: farmworker housing Chapter 369, Statutes of 2023 AB 1449 (Alvarez) Affordable housing: California Environmental Quality Act: exemption Chapter 761, Statutes of 2023 AB 1469 (Kalra) Santa Clara Valley Water District Nov. 14, 2023 dwelling unit plans, whereby the local agency accepts accessory dwelling unit plan submissions for preapproval and approves or denies the preapproval applications, as specified. Authorizes an entity tasked with making referrals of units targeted to extremely low income households to submit a petition to the departments requesting authority to lease the qualified unit to a secondary tenant, as defined, if a qualified entity is unable to locate, match, or otherwise place a qualified tenant in a qualified unit with 60 days of the unit becoming available. Prohibits a local government from, among other things, imposing a penalty against a resident, owner, tenant, landlord, or other person as a consequence of contact with a law enforcement agency, as specified. Requires the California Tax Credit Allocation Committee to consider amending the regulatory scoring system to also award maximum points to farmworker housing projects under the housing needs category, and an initial 5 points in the category for site amenities beyond those required as additional thresholds. Exempts from CEQA certain actions taken by a public agency related to affordable housing projects, as defined, if certain requirements are met. Authorizes the Santa Clara Valley Water District to take certain actions in order to assist unsheltered people living along streams, in riparian corridors, or otherwise within the district's jurisdiction, in consultation with a Item #2 Sunset date: January 1, 2033 8 Page 25 of 67 Chapter 729, Statutes of 2023 AB 1474 (Reyes) California Stat ewide Housing Plan Chapter 762, Statutes of 2023 AB 1485 (Haney) Housing element: enforcement: Attorney General Chapter 763, Statutes of 2023 AB 1490 (Lee) Affordable housing development projects: adaptive reuse Chapter 764, Statut es of 2023 AB 1508 (Ramos) Department of Housing and Community Development: California Statewide Housing Plan Chapter 765, Statutes of 2023 AB 1528 (Gipson) Housing authorities: property taxation Chapter 766, Statutes of 2023 AB 1587 (Ting) Financial transactions: Nov. 14,2023 city or the County of Santa Clara to provide solutions or improve outcomes for the unsheltered individuals. Adds veterans to the list of population groups included in the housing strategy described above. The bill would require the department to also consult with the Department of Veterans Affairs in developing the housing strategy, to the extent possible. Permits the Department of Housing and Community Development the office of the Attorney General to intervene as a matter of unconditional right in any legal action addressing a violation of the specified housing laws described above, including, among others, t he Housing Accountability Act, the Density Bonus Law, and the Housing Crisis Act of 2019. Requires a local source of funding that can be used for the development of affordable housing to include adaptive reuse as an eligible project and prohibit an agency with control of a local source of funding from prohibit ing or excluding a development proposal that uses an adaptive reuse model for an affordable housing project development solely on the basis that the proposal is for an adaptive reuse project. Requires each update and revision to the statewide housing plan to also include (1) an analysis of first-time home buyer assistance policies, goals, and objectives; (2) recommendations for actions that will contribute to increasing home ownership opportunities for first-time home buyers in California; and (3) an eval uation and summary of demographic disparities in home ownership attainment in California, as specified. Specifies that property held by a nonprofit public benefit corporation that is controlled by a housing authority, as described, is exempt from taxation. Requires a payment card network to make the merchant cat egory code for firearms and ammunition businesses established by the International Item #2 9 Page 26 of 67 firearms merchants: merchant category code Chapter 247, Statutes of 2023 AB 1620 (Zbur) Costa-Hawkins Rental Housing Act: permanent disabilities: comparable or smaller units Chapter 767, Statutes of 2023 AB 1633 (Ting) Housing Accountability Act: disapprovals: California Environmental Quality Act Chapter 768, Statutes of 2023 AB 1649 (Kalra) Local Agency Public Construction Act: change orders: County of Santa Clara Chapter 281, Statut es of 2023 SB 4 (Wiener) Planning and zoning: housing development: higher education institutions and religious institutions Nov. 14, 2023 Organization for Standardization on September 9, 2022, available for merchant acquirers that provide payment services for firearms merchants. Authorizes a jurisdiction to require the owner of a residential real property that is subject to an ordinance or charter provision that controls the rental rate to permit a tenant who is not subject to eviction for nonpayment and who has a permanent physical disability related to mobility to move to an available comparable or smaller unit, as defined, located on an accessible floor of the property if certain conditions are met. Defines "disapprove the housing development project" as also including any instance in which a local agency fails to make a determination of whether the project is exempt from CEQA or commits an abuse of discretion, as specified, or fails to adopt a negative declaration or addendum for the project, to certify an environmental impact report for the project, or to approve another comparable environmental document, if certain conditions are satisfied. Authorizes the County of Los Angeles to be subject to a change order cap of $400,000 for construction contracts whose original cost exceeds $25,000,000 and of $750,000 for those contracts whose original cost exceeds $50,000,000, both of which are adjusted annually to reflect the percentage change in the California Consumer Price Index. Requires that a housing development project be a use by right upon the request of an applicant who submits an application for streamlined approval, on any land owned by an independent institution of higher education or religious institution on or before January 1, 2024, if the development satisfies specified criteria, including that the development is not adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use. Item #2 Sunset date: January 1, 2031 Sunset date: January 1, 2027 Sunset date: January 1, 2036 10 Page 27 of 67 Chapter 771, Statutes of 2023 SB 20 (Rubio) Joint powers agreements: regional housing trusts Chapter 147, Statutes of 2023 SB 91 (Umberg) California Environmental Quality Act: supportive and transitional housing: motel conversion: environmental leadership transit projects Chapter 732, Statutes of 2023 SB 229 (Umberg) Surplus land: disposal of property: violations: public meeting Chapter 774, Statutes of 2023 SB 240 (Ochoa Bogh) Surplus state real property: affordable housing and housing for formerly incarcerated individuals Chapter 775, Statutes of 2023 Nov. 14, 2023 Authorizes two or more local agencies, as defined, to create a regional housing trust for the purpose of funding housing to assist the homeless population and persons and families of extremely low, very low, and low income within their jurisdictions by entering into a joint powers agreement pursuant to the Joint Exercise of Powers Act. Indefinitely exempts from CEQA projects related to the conversion of a structure with a certificate of occupancy as a motel, hotel, residentia l hotel, or hostel to supportive or transitional housing, as defined, that meet certain conditions Requires a local agency that is disposing of surplus land and has received a notification of violation from the department to hold an open and public meeting to review and consider the substance of the notice of violation. Authorizes a local agency or nonprofit affordable housing sponsor to be considered as a potential priority buyer of surplus state real property upon demonstration that the property is to be used by the agency or sponsor for housing for formerly incarcerated individuals, subject to the same provisions described above, as specified. Item #2 11 Page 28 of 67 SB 341 (Becker) Housing development Chapter 777, Statutes of 2023 SB 406 (Cortese) California Environmental Quality Act: exemption: financial assistance: residential housing Chapter 150, Statutes of 2023 SB 423 (Wiener) Land use: streamlined housing approvals: multifamily housing developments Chapter 778, Statutes of 2023 SB 469 (Allen) Housing: publicly funded low-rent housing projects Chapter 179, Statutes of 2023 Nov. 14,2023 Specifies that only the qualifying infill area portion of the Infill Infrastructure Grant Program of 2019 must be awarded additional points or preference. This bill would add the qualifying infill area and catalytic qualifying infill area portions of the Infill Infrastructure Grant Program of 2019 as one of the specified state programs for which additional points or preference is awarded. This bill would also make technical changes to the provisions of the programs. Extends certain CEQA exemptions to actions taken by a local agency not acting as the lead agency to provide financial assistance or insurance for the development and construction of residential housing, as provided. the Department of General Services to act in the place of a locality or local government, at the discretion of that department, for purposes of the ministerial, streamlined review for development in compliance with the above-described requirements on property owned by or leased to the state. The bill would extend the operation of the streamlined, ministerial approval process to January 1, 2036. Expands the definition of exc lusion of "low-rent housing project" to include a development that consists of the acquisition, rehabilitation, reconstruction, alterations work, new construction, or any combination thereof, of lodging facilities or dwelling units using an al location of federal or state low-income housing tax credits from the California Tax Credit Allocation Committee or moneys appropriated and disbursed pursuant to the Zenovich-Moscone- Chacon Housing and Home Finance Act, and the Affordable Housing and Sustainable Communities Program, thereby excluding the developments that receive money from the specified funds and programs from the scope of the above-described constitutional provision. Item #2 Sunset date: January 1, 2036 12 Page 29 of 67 SB 482 (Blakespear) Multifamily Housing Program: supportive housing: capitalized operating reserves Chapter 780, Statutes of 2023 SB 506 (Laird) Public Utilities Commission: railroads: colored pavements marking project Chapter 288, Statutes of 2023 SB 555 (Wahab) Stable Affordable Housing Act of 2023 Chapter 402, Statutes of 2023 SB 567 (Durazo) Termination of tenancy: no-fault just causes: gross rental rate increases Chapter 290, Statutes of 2023 SB 684 (Caballero) Land use: streamlined approval Nov. 14, 2023 Specifies that the Department of Housing and Community Development may allow capitalized operating reserves to be used for eligible projects, and that assisted units may include, but not be limited to, supportive housing units, as defined. Requires the Public Utilities Commission, to the extent permitted by federal law or regulation, to develop and implement a pilot or limited demonstration and research project for colored pavement markings at one or more at-grade highway-railroad crossings no later than January 1, 2026, to measure and evaluate the effectiveness of such a project to reduce incidents. Requires the Department of Housing and Community Development no later than December 31, 2026, to complete a California Social Housing Study consisting of a comprehensive analysis of the opportunities, resources, obstacles, and recommendations for the creation of housing that is affordable, as defined, and social housing, as defined, at scale, to assist in meeting the need identified in the statewide projections for below market rate housing affordable to households with extremely low, very low, low, and moderate incomes in the 6th Regional Housing Needs Assessment cycle. With respect to the no-fault just cause related to an eviction based on an intent to occupy the residential real property, require, among other things, that the owner, as defined, or the owner's spouse, domestic partner, children, grandchildren, parents, or grandparents occupy the residential real property for a minimum of 12 continuous months as the person's primary residence, as provided. Requires a local agency to ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets specified Item #2 Sunset date: January 1, 2030 Effective date: April 1, 2024 13 Page 30 of 67 processes: development projects of 10 or fewer residential units on urban lots under 5 acres Chapter 783, Statutes of 2023 SB 712 (Portantino) Tenancy: personal micromobility devices Chapter 630, Statutes of 2023 SB 713 (Padilla) Planning and zoning: density bonuses: development standard Chapter 784, Statutes of 2023 SB 747 (Caballero) Land use: surplus land Chapter 786, Statutes of 2023 Bill Number (Author) Bill Title AB 96 (Ka lra) Public employment: local public transit agencies: autonomous transit vehicle technology Nov. 14,2023 requirements. In this regard, the bill would require the proposed subdivision to result in 10 or fewer parcels and the housing development project to, among other things, consist of 10 or fewer residential units, meet certain minimum parcel size and density requirements, and be located on a lot zoned for multifamily residential development that is no larger than 5 acres and is substa ntially surrounded by qualified urban uses. Prohibits a landlord from prohibiting a tenant from owning personal micromobility devices or from storing and recharging up to one personal micromobility device in their dwell ing unit for each person occupying the unit, subject to certain conditions and exceptions. Specifies that "development standard" for these purpose of the Density Bonus Law includes these standards adopted by the local government or enacted by the local government's electorate exercising its local initiative or referendum power, whether that power is derived from the California Constitution, statute, or the chart er or ordinances of the local government. Defines the term "dispose" to mean the sale of the surplus property or a lease of any surplus property entered into on or after January 1, 2024, for a term longer than 15 years, including renewal options, as specified. The bill would provide that "dispose" does not include entering a lease for surplus land on which no development or demolition will occu.r, regardless of the term of the lease. Transportation/Public Works Bills Brief Description Requires a public transit employer, at least 10 months before beginning a procurement process to acq uire or deploy any autonomous transit vehicle technology for public transit services that would eliminate job functions or jobs of a workforce, to provide written notice to the exclusive employee representative of the workforce affected by the autonomous transit ve hicle Item #2 Effective date and sunset date, if applicable 14 Page 31 of 67 Chapter 419, Statutes of 2023 AB 250 (Rodriguez) State highways: State Route 83: reduction Chapter 516, Statut es of 2023 AB 251 (Ward) California Transportation Commission: vehicle weight safety study Chapter 320, Statutes of 2023 AB 334 (Rubio) Public contracts: conflicts of interest Chapter 263, Statut es of 2023 AB 338 (Aguiar- Curry) Fuel reduction work Chapter 428, Statutes of 2023 AB 361 (Ward) Vehicles: photographs of bicycle lane parking violations Chapter 432, Statutes of 2023 AB 410 (Jones- Sawyer) Shared mobility devices Nov. 14,2023 technology of its determination to begin that procurement process. Authorizes the California Transportation Commission to relinquish to the City of Chino all or a portion of State Route 83 within the city's jurisdiction and prescribe conditions that apply upon relinquishment. Requires the California Transportation Commission to convene a task force to study the relationship between vehicle weight and injuries to vulnerable road users, such as pedestrians and cyclists, and degradation to roads, and to study the costs and benefits of imposing a passenger vehicle weight fee to include consideration of vehicle weight. Establishes that an independent contractor, who meets specified requirements, is not an officer for purposes of being subject to the prohibition on being financially interested in a contract. Requires fuel reduction work, done under contract and paid for in whole or in part out of public funds, as specified, to meet several standards, including that all workers performing work within an apprenticeable occupation in the building and construction trades be paid at lea st the general prevailing rate of per diem wages. Authorizes a local agency, as defined, to install automated forward facing parking control devices on city-owned or district-owned parking enforcement vehicles for the purpose of taking photographs of parking violations occurring in bicycle lanes. Adds to tactile sign requirements that the raised characters be at minimum 1/2 inch high and in a color that contrasts with the signage background, and would delete the requirement that the sign contain the email address of the service provider. Item #2 Sunset date: January 1, 2027 Effective date: July 1, 2026 Sunset date: January 1, 2030 15 Page 32 of 67 Chapter 36, Statutes of 2023 AB 427 (Alvarez) Otay Mesa East Toll Facility Act: alternative project delivery method Chapter 163, Statutes of 2023 AB 534 (McCarty) Local agencies: airports: customer facility charges Chapter 657, Statutes of 2023 AB 752 (Rubio) State highways: worker safety Chapter 813, Statutes of 2023 AB 893 (Papan) Personal vehicle sharing programs Chapter 547, Statutes of 2023 AB 965 (Carrillo, Juan) Local government: broadband permit applications Chapter 553, Statutes of 2023 AB 971 (Lee) Vehicles: transit- only traffic lanes Chapter 672, Statutes of 2023 Nov. 14,2023 Provides that the San Diego Association of Governments is no longer required to use the design- bid-build delivery method for construction of a project if specified conditions for utilizing an alternative delivery method are not met. Removes the requirement for airports to initiate the process of obtaining authority to require or increase an alternative customer facility charge by January 1st 2025. Specifies that the Department of Transportation is only required to compensate for an optional safety device requested for use on a public works project of the department. Prohibits a personal vehicle sharing program from allowing a vehicle to be placed on a digital network or software application of the personal vehicle sharing program for the purpose of making the vehicle available for rental through the personal vehicle sharing program unless certain conditions are satisfied, including specified certifications regarding tax-related matters pertaining to the motor vehicle. Requires a local agency to undertake batch broadband permit processing, as defined, upon receiving two or more broadband permit applications for substantially similar broadband project sites submitted at the same time by the same applicant, within a presumptively reasonable time, as defined. Defines transit-only traffic lanes as any designated transit-only lane on which use is restricted to mass transit vehicles, or other designated vehicles including taxis and vanpools, during posted times. Item #2 Effective date: July 1, 2024 16 Page 33 of 67 AB 1121 (Haney) Public works: ineligibility list Chapter 465, Statutes of 2023 AB 1320 (Hoover) California Manual on Uniform Traffic Control Devices: supplemental destination signs: museums Chapter 127, Statutes of 2023 AB 1735 (Low) Transit districts: prohibition orders Chapter 69, Statutes of 2023 SB 381 (Min) Electric bicycles: study Chapter 869, Statutes of 2023 SB 434 (Min) Transit operators: street harassment survey Chapter 396, Statutes of 2023 SB 538 (Portantino) Department of Transportation: Chief Advisor on Bicycling and Active Transportation Nov. 14,2023 Requires awarding authorities to annually submit to the Department of Industrial Relations' electronic proj ect registration database a list of ineligible contractors, as specified, pursuant to local debarment or suspension processes. Amends the California Manual on Uniform Traffic Control Devices to allow supplemental destination signs for publicly owned and private nonprofit museums that have minimum annual attendance of 50,000 people and that are within 5 miles from t he highway. Provides that the Santa Clara Valley Transportation Authority is a transit district. Requires the Mineta Transportation Institute at San Jose State University, in consultation with relevant stakeholders, to, on or before January 1, 2026, conduct a study on electric bicycles to inform efforts to improve the safety of users of the tra nsportation system, and to submit a report of the findings from the study to the Legislature. Requ ires a transit operator, as defined, to collect and publish specified survey data for the purpose of informing efforts to improve the safety of riders and reduce street harassment on public t ransit on or before December 31, 2024, to the extent feasible with the funding it receives to conduct these activities from the Department of Transportation under a funding agreement with a transit operator to collect and publish that survey data, as provided. Requires the director of the Department of Transportation to appoint a Chief Advisor on Bicycling and Active Transportation, to serve as the department's primary advisor on all issues related to bicycle transportation, safety, and infrastructure, as specified. Item #2 Sunset date: January 1, 2030 17 Page 34 of 67 Chapter 617, Statutes of 2023 SB 677 {Blakespear) Intercity rail: LOSSAN Rail Corridor Chapter 407, Statutes of 2023 SB 695 {Gonzalez) Department of Transportation: internet website: state highway system data and information Chapter 629, Statutes of 2023 SB 706 (Caballero) Public contracts: progressive design- build: local agencies Chapter 500, Statutes of 2023 SB 757 {Archuleta) Railroads: contract crew transportation vehicles Chapter 411, Statutes of 2023 Nov. 14,2023 Requires the LOSSAN Rail Corridor Agency, as part of the annua l business plan submitted to the secretary, to include a description of the effects of climate change on the LOSSAN corridor, to identify projects planned to increase climate resiliency on the co rridor, and to discuss possible funding options for those identified projects, as specified. Requires the Department of Transportation to annually prepare and make available on its internet website information and data about projects on the state highway system from the prior fiscal year, as specified, and to present this information and data to the California Transportation Commission at a regularly scheduled commission meeting on or before April 1 of each year. Requires a local agency that uses the progressive design-build process to submit, no later than January 1, 2028, to the appropriate policy and fiscal committees of the Legislature a report on the use of the progressive design-build process containing specified information, including a description of the projects awarded using the progressive design-build process. Defines the term "contract crew transportation vehicle" as a motor vehicle primarily used by third parties under contract with a railroad corporation to transport railroad crews, as specified. Item #2 Effective date: January 1, 2026 Sunset of some provisions: January 1, 2030 18 Page 35 of 67 October 30, 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 Attachment B RE: Proposition 1: Behavioral Health Infrastructure Bond Act of 20241 -March 5, 2024 Statewide Ballot Summary: This measure is a policy effort to address "behavioral health," a term defined to mean homeless, youth and other individuals suffering from either "mental health" or "substance use" disorders, by building more housing and treatment facilities through bond funds, and offering comprehensive treatment options by revising the priorities for, and allocation of, $3 billionii in annual funding counties receive for mental health services under the Mental Health Services Act. The language is derived from two separate bills signed by the Governor: • AB 531 (Irwin), a $6.380 billion Behavioral Health Infrastructure Bond [Chapter 789, 2023 Statutes]. • SB 326 (Eggman),m a measure revising the Mental Health Services Act (MHSA)iv [Chapter 790, 2023 Statutes]. Bond Proceeds: $6.380 billion in general obligation bonds are proposed to be allocated as follows: • $2.893 billion to the State Department of Health Care Services (DHCS) for grants. These funds would be allocated under the existing Behavioral Health Continuum Infrastructure Program," with a priority treat persons with behavioral health disorders in the least restrictive and costly settingvi, and used to: o Construct, acquire, and rehabilitate real estate assets.vii o Invest in needed mobile crisis infrastructure to expand the community continuum of behavioral health treatment resources. o Build new capa city or expand existing capacity for short-term crisis stabilization, acute and subacute care, crisis residential, community-based mental health residential, substance use disorder residential, peer respite, mobile crisis, community and outpatient behavioral health services, and other longer term treatment and rehabilitation options. • $1.987 billion to the Department of Housing and Community Development (HCD) to issue loans or grants under the existing Multifamily Housing Program to eligible sponsorsviii to assist homeless veterans and other homeless individuals, as follows: o $1.065 billion to acquire capital assets for the conversion, rehabilitation or new construction of permanent supportive housing, including scattered site projects, for Nov. 14,2023 Item #2 1 Page 36 of 67 veterans;' and others who are experiencing homelessness or are at risk of homelessness and meet the criteria of the target population.' o $922 million to acquire capital assets for the conversion, rehabilitation or new construction of permanent supportive housing, including scattered site projects, for persons who are homeless, chronically homeless, or at risk of homelessness'; and are living with a behavioral health challenge•ii. • $1.500 billion to be awarded to cities, counties, city and counties, and tribal entities for grants, grant implementation and oversight for the purposes specified (above) in the DHCS' Behavioral Health Continuum Infrastructure Program. A minimum of $30 million is required to be awarded to tribal entities. Existing applicants for this program (WIC. Sec. 5960.15) are required to meet stringent matching requirements, including all of the following conditions: o Provide matching funds or real property. o Expend funds to supplement (not supplant) to construct, acquire and rehabilitate real estate assets. o Report data quarterly to DHCS for five years. o Operate the financed facility for a minimum of 30 years. "By Right" Development of Bond Funded Projects: • HCD Funded Projects: Requires any housing development project funded, in whole or in part, via grants issued by the Department of Housing and Community Development (HCD) that are located in a zone where multifamily';;; residential use, office, retail or parking are a principally permitted use shall be deemed a use "by right," thus exempting it from local discretionary land use approvals and environmental reviews. The site and project must meet the following requirements: a. 75 percent of the site must border existing urban uses. b. It must meet the requirements related to wetlands, high fire hazard severity zones, conservation easements and other lands specified in subparagraphs (B) through (K) of paragraph (6) of subdivision (a) of Sec. 65913.4 of the Government Code. (This cross-reference does not pick up, and thus, appears to exclude, the Coastal Zone.) c. It must not be bordered by sit es where more than 1/3 of the square footage is dedicated to industrial use. d. No housing may be acquired by eminent domain. e. Projects must meet objective zoning, subdivision and design review standards, and a streamlined ministerial review process which mirror the process applicable to AB 2011 (Wicks), Ch. 647 of 2022). 2) DHCS and City/County Funded Projects: Requires projects funded by the State Department of Health Care Services (DHCS), including those funded by grants to cities, counties, and cities and counties shall be "by right" and satisfy the ministerial review "process and filing" requirements that HCD-funded projects must comply with, but makes the following locational exceptions: Nov. 14, 2023 a. Requires a project that is a "behavioral health treatment and residential setting"•iv to be in a zone where residentialxv, office, retail or parking are a principally permitted use. b. Requires projects (not otherwise covered by the exception for "behavioral health treatment and residential setting exception described above in (a), or considered Item #2 2 Page 37 of 67 affordable housing), to be located in a zone where office, retail or parking are a principally permitted use. 3) Labor Requirements: Requires all workers on any housing development or behavioral treatment or residential facility project funded, in whole or in part by the bond, to be paid prevailing wages. Requires projects over SO units to meet additional labor skilled and trained conditions.xvi Revisions to the Mental Health Services Act: 1) Expands Scope: Expands the scope of the Act from "mental health," to "behavioral health," which is defined to mean treatment persons with either mental health or a "substance use disorder."xvii Revises terminology throughout the Act to replace references to "Mental Health" with "Behavioral Health." 2) Revises Funding Allocation: Substantially revises funding allocation of the Act. Under existing law, funds are allocated to counties, as follows: i. Early Intervention: 20 percent to preventive and early intervention treatment programs to address mental illness. ii. Services to Children and Adu lts: 80 percent for mental health services to children and adults, of which five percent may be used for innovative programs. Housing assistance is also an authorized service for adults, but not for those (including homeless) with a substance use disorder unless they are also diagnosed with a mental disorder.Xviii As revised, the funding would be allocated to counties as follows: Housing Interventions: 30 percent (approximately $1 billion statewide annually) for housing interventions program. Counties are required to adopt housing intervention program. xi•At least½ of these funds must be spent on the chronically homeless, with a focus on those living in encampments, and no more than 25 percent on capital projects. Counties, however, are not required to use housing intervention funds for those with substance use disorders. Affordable housing capital projects funded under this program are required to be approved "by right" provided they meet specific location and other requirements applicable to HCD' bond-funded projects, including labor provisions.xx Individual counties are authorized to request exemptions from {DHCS) from these funding levels and requirements, based on various factors associated with the local homeless population. Small counties (less than 200k population) may make these request beginning with their required three-year integrated plan in FY 2026-29. Larger counties cannot request exemptions until their FY 2032-35 three-year integrated plans. • Full Service Partnerships: 35 percent (approximately $1.05 billion statewide annually) Nov. 14,2023 for "full-service partnership programs," providing a broad spectrum of mental health services, supportive services, and substance use disorder treatment services. Individual counties are authorized to request exemptions from (DHCS) from these requirements, based on various factors including county population and client counts, beginning with their FY 2032-35 three-year integrated plans. Any housing interventions for clients under this program must be paid for from the housing intervention {30 percent) set-aside. Item #2 3 Page 38 of 67 • Early Intervention, Workforce Training and Outreach: 35 percent (approximately $1.05 billion statewide annually) for the Behavioral Health services and supports for children and adults. At least 51 percent of these funds shall be used for early intervention programs, of which over half shall be directed at serving those age 25 or younger. Other eligible expenditures include for outreach and engagement, workforce education and training, capit al facilities and technological needs, and innovative behavioral health pilots and projects. Counties are provided some latitude to transfer up to 14 percent of funds received between the above allocations, with DHSC approval, provided that no single allocation is reduced by more than seven percent. 3) Reduces Reserve Requirements: Reduces from 33 to 20 percent the reserves counties are permitted to retain, to adjust for volatility of the Act's revenues (over rolling five-year periods). Small counties, under 200k population, however, may retain 25 percent. A stakeholder working group is established with authority to make recommendations by June 30, 2025 to the Legislature and Governor to alter these percentages. 4) Requires Counties to Adopt Integrated Behavioral Health Plans: Requires counties to adopt, and update every three-years, commencing with FY 2026, an Integrated Plan for Behavioral Health Services and Outcomes. These plans are required to be extremely detailed, developed with input from a wide range of local stakeholders, and demonstrate how counties propose to use funds provided by the Act, and leverage and coordinate the use of Medi-Cal, commercial health plans and other funds, for behavioral health services, including early intervention, the needs of adults, children and the chronically homeless. Counties (except for those with less than 200k population) are required to consult with the five most populous cities in their jurisdiction, managed care plans, and continuums of care related to housing interventions funded by the Act. Comments: 1) Policy Objectives: Findings accompanying this measure declare its purposes include modernizing the Mental Health Services Act (MHSA) to focus funds where they are most needed, by expanding treatment to include those with substance use disorders, and prioritizing care for those with serious mental illness, including those experiencing unsheltered homeless. Specific additional findings: a. Describe how the limited availability of community-based care facilities and residential settings to support rehabilitation and recovery contributes to the growing crisis of homelessness and incarceration among those living with a serious mental illness and a substance abuse disorder. b. State that California has a shortage of over 2,700 subacute and nearly 3,000 community residential beds. In additions, findings provide that over 10,000 veterans were homeless in 2020, and veterans have higher rates of suicide, substance abuse and mental illness. c. Declare that funding from the bond and the MHSA reforms is intended to build over 10,000 new treatment beds and supportive housing, assisting over 100,000 people annually. 2) Mental Illness & Substance Use Disorders Among Homelessness: A major focus of both the bond proceeds and the revised funding allocations in the MHSA are aimed at increasi ng the Nov. 14, 2023 Item #2 4 Page 39 of 67 available services and facilities to help homeless individuals get off the streets. The rationale for the expanded focus on "behavioral health," to cover individuals a substance use disorder, is that it would allow a broader spectrum of individuals to be assisted, including homeless individuals. Legislative findings in SB 326, however, indicate that mental illness remains the dominant condition among the homeless population, stating: "UC research data reveals the following about homeless individuals: i. 82 percent have experienced a serious mental health condition ii. 27 percent have been hospitalized for a mental health condition. iii. 65 percent report regularly used illicit drugs at some point in their lives. " Thus, expanding the focus of the MHSA to address su bstance use disorders will fill some gaps in assisting the subset of homeless individuals who have not been diagnosed with mental illness. 3) Geographic Allocation of Bond-Funded Grants: Local agencies interested in applying for grants from the $6.380 billio n in bond funds should be aware of the different applicable criteria: o HCD Allocat ed Funds: The $1.987 billion allocated to HCD to develop housing to assist homeless veterans and other homeless individuals, will be allocated through its existing Multifamily Housing Program. Under the existing Multifamily Housing Program, geographic allocation is required to be no less than: • 45 percent for projects in Southern Ca lifornia. • 30 percent for projects in Northern California. • 20 percent for projects in rural areas. o DHCS Allocated Funds & Local Grants: Unlike HCD's program, there appears to be no clear geographic/regional allocation goals attached to the $2.893 billion for grants allocated to DHCS, or the $1.5 billion for grants available to local agencies. These grants are required to be allocated through the criteria in the existing DHCS' Behavioral Health Continuum Infrastructure Program. In addition to this program's stringent matching requirements,xxi existing statute provides DHCS with complete allocation flexibility stating: " ... the department shall determine the methodology and distribution of the grant funds appropriated for the program pursuant to Section 5960.05 to those entities it deems qualified." xxiixx;;; 4) Potential Impact on Mental Health Funding: The Mental Hea lth Services Act, in 2004, provided a new, annual funding stream to support a wide range of county mental hea lth programs, now yielding approximat ely $3 billion per yea r. By expanding the use of these funds to also address substance use disorders, a condition described in Legislative findings as existing in one in ten adultsxxiv, and repurposing some ofthe funding, could mean diminished mental health resources. This concern was reflected in opposition and concerns arguments in the final SB 326 Senate Floor Analysis.xxv Counties, however, are also required to aggressively pursue reimbursement from insurance companies, MediCal and other funding sources, which -if effective -could offset some impacts of broadening the MHSA to address substance use disorders. 5) "By Right" Approvals : Siting new residential and other treatment facilities for homeless individuals and others suffering from the most acute mental illness and substance abuse conditions may raise concerns with surrounding residents and property owners. This bill attempts to avoid-potentially uncomfortable community discussions-by having any capital facility or affordable housing funded under this measure to be approved "by right" without local public hearings or environmental reviews. While treatment providers desire to skip public reviews is understandable, by its very nature "by right" does not offer consultation or other Nov. 14, 2023 Item #2 5 Page 40 of 67 opportunities for local communities to have at least some voice in siting options. For example, this proposal provides no recognition for the extensive planning that local agencies have put into their state-certified housing elements, nor does it encourage providers to work with local agencies to site these facilities in locations that make the most sense for a community. Siting these facilities "by right" does not eliminate community concerns or controversy and could undermine local resident's trust in their local and state officials. 6) Engagement by Cities in Development of County Plans: If Proposition 1 is approved by voters, policy discussions will quicky center on the contents of the Integrated Plan for Behavioral Health Services and Outcomes that each county is required to prepare. During the development of these plans, counties (with more than 200k population) are required to consult with a wide range of stakeholders including the five most populous cities in the county. While the language in the measure does not require the expenditures of bond funded projects to reflect priorities in county developed plans, these plans could influence which projects are funded by the bond. Counties must also prepare homeless housing intervention programs. Cities within each county are recommended to work together to advance their common interests, concerns and priorities. 7) Assessing Potential Impacts: California voters witnessing homeless suffering from mental illness and substance abuse on a daily basis, are likely to ask: "will this make a significant difference?" The answer is "likely more around the edges." Some positives to point to are: a. More available treatment beds and facilities statewide certainly won't hurt. Besides the $6.380 billion in bond funds, another $1 billion annually will be directed to housing interventions annually based on changes to the Mental Health Services Act. b. Homeless with substance use disorders will be eligible for more assistance than before. c. All individuals (youth and adults) with substance use disorders, not just the homeless, can benefit by expanding the use of funding from the Mental Health Services Act to benefit "behavioral health," which may keep some from becoming homeless. d. Counties will be required to adopt housing intervention and behavioral health integrated plans, aimed at improving coordination of programs and resources to better assist those suffering from mental illness and substance use disorders. Better planning and coordination can improve treatment and help existing resources go further. Some realities, however, include: a. $6 billion in one-time bonds, and $1billion for housing interventions annually, is not much when allocated statewide. b. Homeless individuals may not accept treatment and assistance, even when available. c. "By right" approval of treatment and residential facilities will be of concern to those closest to the location. d. Expanding use of the Mental Health Services Act funds to also address "substance use" disorders may dimmish resources that would otherwise be available for mental health. 1 Proposition 1 was placed on the ballot by AB 531 (Irwin), which contains the bond's provisions, and includes multiple (67) sections from SB 326 (Eggman) which makes extensive revisions to the existing Mental Health Services Act. Nov. 14,2023 Item #2 6 Page 41 of 67 11 This funding stream, which relies on a one percent income tax surcharge on tax fliers with over $1 million, can vary from year to year, but continues to Increase over time. 111 SB 326 contains 2S2 pages of proposed changes to the Mental Health Services Act, with the vast majority of these contingent on voter approval of Proposition 1. Sixty-seven different sections of amended law from SB 326 are Included in the text of Proposition 1, because changes to the Mental Health Services Act must be approved by voters. '' The Mental Health Services Act (MHSA) was originally approved by the voters as Prop. 63 of 2004, and currently generates approximately $3 billion annually distributed to counties to support various mental health programs. Its funding is derived from a one percent income tax surcharge on taxpayers earning more than $1 million. 'This program was authorized by the Legislature in 2021. DHCS reports that the program was awarded $2.2 billion, and has proposed to award these funds through six rounds of grant funding. https://www.infrastructure.buildlngcalhhs.com/ v1v1,1 Treating individuals with serious mental health or substance use issues is a challenging endeavor. Doing so in the "least restrictive and costly setting" is understandable from a treatment perspective, but it should also be recognized that such facilities will likely have spillover issues on adjoining properties and neighborhoods where they are located. When the placement of such facilities is "by right," local agencies will have little input on locational options, other than by getting involved in the development of county plans. '11 (1) It appears that "real estate assets" funded by the Dept. of Health Care Services may include facilities located in single-family zones. AB 531, WIC Sec. 5960.31 (a)(l) reads: "The project is a behavioral health treatment and residential setting, including, but not limited ta, children's residential crisis programs, peer respite, children's and adult substance use disorder residential programs, recovery housing, short-term residential therapeutic program, and social rehabilitation program, and shall be located in a zone where residential, office, retail, ar parking are a principally permitted use." Facilities other than those listed above, and affordable housing funded pursuant to SB 326 revisions to the Mental Health Services Act, shall be located in a zone where "office, retail or parking are a principolly permitted use." See 59603.1 (a)(2). "" "Sponsors" is defied via cross reference to HSC Sec. 50669, which includes local public entities, as follows: "Sponsor" means any individual, joint venture, partnership, limited partnership, trust, corporation, cooperative, local public entity, duly constituted governing body of an Indian reservation or rancheria, or other legal entity, or any combination thereof, certified by the department as qualified to own, manage, and rehabilitate a rental housing development. A sponsor may be organized for profit or limited profit or be nonprofit." '' The veteran must have served in the active military, naval or air service, and not had a dishonorable discharge. 'The bond, defines "target population" via cross reference to include individuals with a diagnosed or suspected mental illness or a "substance use disorder." d As defined by CFR, Title 24,578.3. '11 The bond defines "behavioral health challenge" as including a serious mental illness or a substance use disorder. dIT This definition excludes single-family zones. "'' Defines these as "including, but not limited to, recovery housing, short-term residential therapeutic program, social rehabilitation program, children and adult substance use disorder residential programs, children's residential crisis programs and peer respite. "'Since this language only says "residential," it would apply within single-family zones. "'The cross reference to labor standards in AB 2011, picks up Sections 65912.130, which requires the payment of prevailing wages, and 65912.131, which requires the use of a skilled and trained workforce on projects of more than 50 unit s. "'" "Substance use disorder" means an adult, child, or youth who has at least one diagnosis of a moderate or severe substance use disorder from the mast current version of the Diagnostic and Statistical Manual of Mental Disorders far Substance-Related and Addictive Disorders, with the exception of tobacco-related disorders and nan-substance-related disorders. "Substance use disorder treatment services" include harm reduction, treatment, and recovery services, including federal Food and Drug Administration approved medications." "111 WIC Sec. 5600.3 (b)(3)(A) reads: "(A) The person has a mental disorder as identified in the mast recent edition of the Diagnostic and Statistical Manual of Mental Disorders, other than a substance use disorder or developmental disorder or acquired traumatic brain injury pursuant ta subdivision (a) of Section 4354 unless that person also has a serious mental disorder as defined in paragraph (2)." "'' WIC Sec. 5380. "See WIC Sec. 5831. ""' WIC Sec. 5960.lS. "An entity shall meet all of the fa/lawing conditions in order ta receive grant funds pursuant ta Section 5960.05, ta the extent applicable and as required by the department: (a) Provide matching funds ar real property. (b) Expend funds ta supplement and not supplant existing funds ta construct, acquire, and rehabilitate real estate assets. (c) Report data ta the department within 90 days of the end of each quarter far the first five years. (d} Operate services in the financed facility far the intended purpose far a minimum of 30 years." "'' Existing Section 5960.1 of the Welfare and Institutions Code "'"' RPPG staff a reached out to DHCS for clarity on any guidance on geographic/regional allocation they have adopted or plan to adopt associated with these bond funds. RPPG will provide its clients any additional information received from DHCS to better evaluate potential grant opportunities. "'N SB 326. Legislative Findings. Sec. 1. (b). "'' https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill id-202320240SB326 7 Nov_ 14, 2023 Item #2 Page 42 of 67 Priority Legislation November 7, 2023 {city of Carlsbad Californ i a Budget AB 102 (Ting) Budget Act of 2023. (Chaptered: 7/10/2023) Link Would amend the Budget Act of 2023 by amending, adding, and repealing items of appropriation and making other changes. This bill would declare that it is to take effect immediately as a Budget Bill. Status: 7 /10/2023-Approved by the Governor. Chaptered by Secretary of State - Chapter 38, Statutes of 2023. Notes: Contains $600,000 for the Port of San Diego and City of Carlsbad for the EV and Portable Solar Powered Charging Stations Cannabis AB 374 (Haney) Cannabis: retail preparation, sale, and consumption of noncannabis food and beverage products. (Vetoed: 10/8/2023) Link Current administrative law specifies that a licensed retailer or licensed microbusiness authorized for retail sales who operates a co nsumption area on the licensed premises in accordance with this provision may sell prepackaged, noncannabis-infused, nona lcoholic food and beverages if the applicable local jurisdiction allows. This bill would authorize a local jurisdiction, if specified conditions are met, to allow for the preparation or sale of noncannabis food or beverage products, as specified, by a licensed retailer or microbusiness in the area w here the co nsumption of ca nnabis is allowed, to allow for the sa le of prepackaged, noncannabis-infused, nonalcoholic food and beverages by a licensed retailer, and to allow, and to sell tickets for, live musical or other performances on the premises of a licensed retailer or microbusiness in the area where the consumption of ca nn abis is allowed. The bill would additionally specify that these provisions do not authorize a licensed retailer or microbusiness to prepare or sell industrial hemp or products containing industrial hemp, as provided. Status: 10/8/2023-Vetoed by Governor. AB 1207 (Irwin) Cannabis: labeling and advertising. (Vetoed: 10/8/2023) Link The Control, Regulate and Tax Adult Use of Marijuana Act (AU MA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA t o engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. This bill would implement provisions of AUMA by prohibiting the sale, distribution, or manufacture of cannabis, cannabis products, packaging, or labeling that are attractive to children, as defined. The bill would require the adoption of emergency regulations to implement these provisions. Status: 10/8/2023-Vet oed by Governor. Client Position: Sup port Nov. 14,2023 Item #2 Page 43 of 67 Notes: 6/13/23: EN tagged as pending support. 6/26/23: EN sent a letter to the City for review. 7 /3/23: SG me too'd in Senate Business. 7 /5/23: EN tagged as support, submitted to Sen Appropriations, emailed delegation and governor's office. 9/19/23: EN emailed request for signature letter to the governor's office. SB 512 (Bradford) Cannabis: taxation: gross receipts. (Amended: 5/3/2023) Link Would, beginning January 1, 2024, exclude from the terms "gross receipts" and "sales price" under the Sales and Use Tax Law the amount of the cannabis excise tax imposed under the Cannabis Tax La w and the amount of any tax imposed by a city or county on the privilege of engaging in commercial cannabis activity, as specified. The bill would also prohibit a city or county from including in the definition of gross receipts, for purposes of any local tax or fee on a licensed cannabis retailer the amount of any cannabis excise tax imposed under the Cannabis Tax Law or any sales and use taxes. By imposing new requirements on local governments with respect to their taxes and fees, the bill would impose a state-mandated local program. Status: 7 /10/2023-July 10 set for first hearing. Placed on suspense file. July 10 hearing. Held in committee and under submission. Economic Development AB 286 (Wood) Broadband infrastructure: mapping. (Chaptered: 10/10/2023) Link Existing law requires the Public Utilities Commission, in collaboration with relevant state agencies and st akeholders, to maintain and update a statewide, publicly accessible, and interactive map showing the accessibility of broadband service in the state. Existing law authorizes the commission to collect information from providers of broadband services at the address level and prohibits the co mmission from disclosing ce rtain protected residential subsc riber information. This bill would require that the map identify, for each address in the state, each provider of broadband services that offers service at the address and the maximum speed of broadband services offered by each provider of broadband services at the address. This bill contains other related provisions and other existing laws. Status: 10/10/2023-Approved by the Governor. Chaptered by Secretary of State -Chapter 645, Statutes of 2023. AB 341 (Ramos) Gambling: local moratorium. (Chaptered: 5/22/2023) Link Current law requires the Department of Justice to investigate any violations of, and to enforce, the Gambling Control Act. Under the act, a city, county, or city and county may authorize controlled gambling consistent with state law. Current law, however, prohibits an ordinance that would result in an expansion of gambling in the city, county, or city and county from being valid unless the amendment is approved by a majority of the voters. Current law requires an amendment to a city or county ordinance relating to a gambling esta blishment or the act to be submitted to the department for review and comment before the ordinance is adopted by the city or county. Prior law, until January 1, 2023, prohibited the commission from issuing a gambling license for a gambling establishment that was not licensed to operate on December 31, 1999, except as specified. This bill would reenact that prohibition until January 1, 2043, and would prohibit the co mmission from issuing a gambling license for a ga mbling establishment that was not licensed to operate on December 31, 2022, and that is pending before the commission as of January 1, 2024. Status: 5/22/2023-Approved by the Governor. Chaptered by Secretary of State -Chapter 8, Statutes of 2023. AB 400 (Rubio. Blanca) Local agency design-build projects: authorization. (Chaptered: 9/22/2023) Link Current law authorizes a local agency, as defined, with approval of its governing body, to procure design-build contracts for public works projects in excess of $1,000,000, awarding the contract either to the lowest bid or the best value. "Local agency" is defined, in part, for this purpose to include specified local and regional agencies responsible for the constru ction of transit projects, including any joint powers authority formed to provide transit service. Current law, among other requirements for the design- build procurement process, requires specified information submitted by a design-build entity to be ce rtified under penalty of perjury. These provisions authorizing the use of the design-build procurement process are repealed on January 1, 2025 .This bill would delete from the definition of "loca l agency" any joint powers authority formed to provide transit se rvices, and would Nov. 14, 2023 Item #2 Page 44 of 67 instead expand that definition to include any joint powers authority responsible for the construction of transit projects, thereby authorizing additional joint powers authorities to use the above-described design-build procurement process. The bill would extend the repeal date to January 1, 2031. Status: 9/22/2023-Approved by the Governor. Chaptered by Secretary of State -Chapter 201, Statutes of 2023. Elections, Political Reform and Redistricting AB 764 (Bryan) Local redistricting. (Chaptered: 10/9/2023) Link Existing law requires counties, general law and charter cities, and special districts that elect their governing boards using district- based elections to adopt, in a prescribed manner, new district boundaries following each federal decennial census. Existing law also requires county boards of education, and the governing boards of school districts and community college districts in which trustee areas have been established, to adopt new boundaries for their trustee areas following each federal decennial census. This bill would revise and recast these provisions. The bill would require counties, county boards of education, cities, school districts, community college districts, and special districts, if the governing body of these local jurisdictions is elected by districts, to comply with uniform requirements related to redistricting. The bill would require local jurisdictions to adopt district boundaries, using specified criteria, following the decision to establish district-based elections and following each federal decennial census. This bill contains other related provisions and other existing laws. Status: 10/7 /2023-Approved by the Governor. Chaptered by Secretary of State -Chapter 343, Statutes of 2023. SB 251 (Newman) Political Reform Act of 1974: elected officers: conflicts of interest. (Amended: 3/8/2023) Link The Political Reform Act of 1974 provides for the comprehensive regulation of conflicts of interest of public officials. The act makes a knowing or willful violation of its provisions a misdemeanor. This bill would prohibit an elected officer from employment by any other elected officer with the same constituency, except if the elected officer first began their employment by the other elected officer with the same constituency on or before December 31, 2023. The bill would not apply to statewide elected officers. Status: 4/19/2023-April 18 set for first hearing. Failed passage in committee. (Ayes 2. Noes 0.) Reconsideration granted. Emergency Response and Disaster Preparedness AB 584 (Hart) California Coastal Act of 1976: coastal development: emergency waiver. (Chaptered: 7/27/2023) Link The California Coastal Act of 1976 requires the issuance of a coastal development permit if the proposed development is in conformity with the certified local coastal program. The act provides for the certification of local coastal programs by the California Coastal Commission. The act authorizes the requirement of having to obtain a permit to be waived when immediate action by a person or public agency performing a public service is required to protect life and public property from imminent danger, or to restore, repair, or maintain public works, utilities, or services destroyed, damaged, or interrupted by natural disaster, serious accident, or in other cases of emergency, as specified. The act provides that this waiver provision does not authorize the permanent erection of structures valued at more than $25,000. This bill would increase the above-described amount to $125,000, adjusted annually for inflation pursuant to the consumer price index. Status: 7 /27 /2023-Approved by the Governor. Chaptered by Secretary of State -Chapter 118, Statutes of 2023. Client Position: Support Notes: 4/20/23: EN tagged as pending support. 4/20/23 SG: Sent draft support letter to the City. 5/8/23 AB: tagged as support and submitted letter of support through the Legislative portal. 5/8/23: EN emailed letter to delegation. 6/1/23: EN submitted letter to Senate NR Committee and emailed delegation. 6/22/23: Bill was on consent in Senate Natural Resources. 7 /26/23: EN emailed request for signature letter to Governor's office. Nov. 14,2023 Item #2 Page 45 of 67 AB 781 (Maienschein) Accessibility to emergency information and services: emergency shelters: persons with pets. (Chaptered: 10/7/2023) Link The California Emergency Services Act provides that political subdivisions, as defined, have full power during a local emergency to provide mutual aid to any affected area in accordance with local ordinances, resolutions, emergency plans, or agreements. Current law defines "emergency plan" for these purposes to mean official and approved documents that describe the principles and methods to be applied in carrying out emergency operations or re ndering mutual aid during emergencies. Current law requires that a county send a copy of its emergency plan to the Office of Emergency Services upon an update to the plan. Upon the next update to a city or county's emergency plan, this bill would require a county to update its emergency plan to designate emergency shelters able to accommodate persons with pets, and would require a city that has previously adopted an emergency plan designating emergency shelters to update its emergency plan to designate emergency shelters able to accommodate persons with pets. This bill would require, upon the next update to a city or county's emergency plan, whenever a city or county designates any number of emergency shelters that it also designate at least one emergency shelter that can accommodate persons with pets. This bill would also require, upon the next update to a city or county's emergency plan, whenever a city or county designat es any number of cooling centers or warming centers, that it also, to the extent practicable, designate at least one cooling center or warming center, as applicable, that can accommodate persons with pets. The bill would require an emergency shelter designated as able to accommodate persons with pets to be in compliance with safety procedures regarding the sheltering of pets referenced or established in the component of the state and local emergency plan and applicable disaster assistance policies and procedures of the Federal Emergency Management Agency. Status: 10/7 /2023-Approved by the Governor. Chaptered by Secretary of State -Chapter 344, Statutes of 2023. Environment and Climate AB 30 (Ward) Atmospheric rivers: research: reservoir operations. (Chaptered: 9/1/2023) Link Current law establishes the Atmospheric Rivers: Research, Mitigation, and Climate Forecasting Program in the Department of Water Resources. Current law requires the department, upon an appropriation for purposes ofthe program, to research climate forecasting and the ca uses and impact s that climate change has on atmospheric rivers, to operate reservoirs in a manner that improves flood protection, and to reoperate flood control and water storage facilities to capture water generated by atmospheric rivers. This bill would rename that program the Atmospheric Rivers Research and Forecast Improvement Program: Enabling Climat e Adaptation Through Forecast-Informed Reservoir Operations and Hazard Resiliency (AR/FIRO) Program. The bill would require the department to research, develop, and implement new observations, prediction models, novel forecasting methods, and tailored decision support systems to improve predictions of atmospheric rivers and their impacts on water supply, flooding, post-wildfire debris flows, and environmental conditions. Status: 9/1/2023-Approved by the Governor. Chaptered by Secretary of State -Chapter 134, Statutes of 2023. AB 1567 (Garcia) Safe Drinking Water, Wildfire Prevention. Drought Preparation, Flood Protection, Extreme Heat Mitigation, Clean Energy, and Workforce Development Bond Act of 2024. (Amended: 5/26/2023) Link Would enact the Safe Drinking Water, Wildfire Prevention, Drought Preparation, Flood Protection, Extreme Heat Mitigation, Clean Energy, and Workforce Development Bond Act of 2024, which, if approved by the voters, would authorize the issuance of bonds in the amount of $15,995,000,000 pursuant to the State General Obligation Bond Law to finance projects for safe drinking water, wildfire prevention, drought preparation, flood protection, extreme heat mitigation, clean energy, and workforce development programs. Status: 6/14/2023-Referred to Corns. on N.R. & W. and GOV. & F. AB 1628 (McKinnor) Microfiber filtration. (Vetoed: 10/8/2023) Link Nov. 14,2023 Item #2 Page 46 of 67 Would require, on and after January 1, 2029, that all new washing machines sold or offered for sale in California for residential or state use contain a microfiber filtration system, as defined, with a mesh size not greater than 100 micrometers, and bear a label with a specified consu mer notice, as provided. The bill would provide that a violation of these provisions is punishable by a specified civil penalty, upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney. Status: 10/8/2023-Vetoed by Governor. Client Position: Support Notes: 8/8/23: EN tagged as pending support. 8/15/23: EN sent a draft letter of support to the City for review. 8/28/23: EN followed up with the City on the draft letter. 9/5/23/: EN tagged as support, submitted to Senate Environmental Quality Com mittee, emailed delegation and governor's office. 9/18/23: EN emailed request for signature letter to governor's office. SB 272 (Laird) Sea level rise: planning and adaptation. (Chaptered: 10/7/2023) Link Would require a local government, as defined, lying, in whole or in part, within the coastal zone, as defined, or within the jurisdiction of the San Francisco Bay Conservation and Development Commission, as defined, to develop a sea level rise plan as part of either a local coastal program, as defined, that is subject to approval by the California Coastal Commission, or a subregional San Francisco Bay shoreline resiliency plan that is subject to approval by the San Francisco Bay Conservation and Development Commission, as applicable, on or before January 1, 2034, as provided. By imposing additional requirements on local governments, the bill would impose a state-mandated local program. The bill would require local governments that receive approva l for a sea level rise plan to be prioritized for funding, upon appropriation by the Legislature, for the implementation of sea level rise adaptation strategies and recommended projects in the local government's approved sea level rise plan. The bill would require, on or before December 31, 2024, the California Coastal Commission, in close coordination with the Ocean Protection Council and the California Sea Level Rise State and Regional Support Collaborative, to establish guidelines for the preparation of the sea level rise plan. The bill would also require, on or before December 31, 2024, the San Francisco Bay Conservation and Development Commission, in close coordination with the California Coasta l Commission, the Ocean Protection Council, and the California Sea Level Rise State and Regional Support Collaborative, to establish guidelines for the preparation of the sea level rise plan. The bill would make the operation of its provisions contingent upon an appropriation for it s purposes by the Legislature in the annual Budget Act or another statute. This bill contains other related provisions and other existing laws. Status: 10/7 /2023-Approved by the Governor. Chaptered by Secretary of State. Chapter 384, Statutes of 2023. SB 303 (Allen) Solid waste: Plastic Pollution Prevention and Packaging Producer Responsibility Act. (Vetoed: 10/8/2023) Link The Plastic Pollution Prevention and Packaging Producer Responsibility Act prohibits a producer from se lling, offering for sale, importing, or distributing covered materials in the state unless the producer is approved to participate in the producer responsibility plan of a producer responsibility organization (PRO), as prescribed, for the source reduction, collection, processing, and recycling of covered material, except as provided. The act requires the department to establish a producer responsibility advisory board for specified purposes. The act authorizes an affected entity that asserts that specific actions taken to meet the requirements of the act are disrupting or otherwise adversely affecting the sustained operation or commercial viability of solid waste collection programs, solid waste recycling facilities, or composting facilities providing services in accordance with local solid waste handling requirements, to bring the concern and evidence supporting that assertion to the advisory board for discussion and to ask the advisory board to conduct a preliminary evaluation of the information. If the evaluation demonstrates that specific actions are disrupting or otherwise adversely affecting existing operations, the act requires the advisory board to submit the co ncern to the department for further analysis. The act requires the department to analyze the information provided by the advisory board and authorizes the department to offer a recommendation for resolution. This bill would instead authorize an affected entity that asserts that specific actions taken by the PRO, a producer, or an entity under co ntract with the PRO are not consistent with specified prohibitions and requirements of the act and are disrupting or otherwise adversely affecting the sust ained operation or commercial viability of solid waste collection programs, solid waste recycling facilities, or composting Nov. 14, 2023 Item #2 Page 47 of 67 facilities providing services in accordance with local solid waste handling requirements to bring that concern and supporting evidence to the advisory board. The bill would delete the requirement that the board submit the concern to the department for further analysis and would instead require that the advisory board, rather than the department, offer a recommendation for resolution within 90 days of submission of the request for a preliminary evaluation. The bill would thereafter authorize either party to initiate nonbinding arbitration, as specified. The bill would specify the duties and the authority of the arbitrator, as described, including requiring the arbitrator to transmit the proposed decision to the department and the advisory board. The bill would require the department to review the arbitrator's proposed decision within 60 days of receipt and to make a specified determination. If the arbitrator proposes a revision to an approved producer responsibility plan, the bill would require the department to publicly notice the proposed plan revision on its internet website, as provided. Status: 10/8/2023-Vetoed by the Governor. In Senate. Consideration of Governor's veto pending. SB 360 (Blakespear) California Coastal Commission: member voting. (Chaptered: 7/21/2023) Link The Cal ifornia Coastal Act of 1976 establishes the California Coastal Commission and prescribes the membership and duties of the commission. The act provides that its provisions do not preclude or prevent any member or employee of the commission who is also an employee of another public agency, a county supervisor or city councilperson, or a member of specified associations or organizations, and who has in that designated capacity voted or acted upon a particular matter, from voting or otherwise acting upon that matter as a member or employee of the commission. This bill would apply the latter provision to a member of a joint powers authority and a member of a local agency formation commission. Status: 7 /21/2023-Approved by the Governor. Chaptered by Secretary of State. Chapter 108, Statutes of 2023. SB 638 (Eggman) Climate Resiliency and Flood Protection Bond Act of 2024. (Amended: 6/28/2023) Link Would enact the Climate Resiliency and Flood Protection Bond Act of 2024 which, if approved by the voters, would authorize the issuance of bonds in the amount of $6,000,000,000 pursuant to the State General Obligation Bond Law, for flood protection and climate resi liency projects. Status: 7/6/2023-July 11 hearing postponed by committee. SB 867 (Allen) Drought, Flood, and Water Resilience, Wildfire and Forest Resilience, Coastal Resilience, Extreme Heat Mitigation. Biodiversity and Nature-Based Climate Solutions, Climate Smart Agriculture, Park Creation and Outdoor Access. and Clean Energy Bond Act of 2024. (Amended: 6/22/2023) Link Would enact the Drought, Flood, and Water Resilience, Wildfire and Forest Resilience, Coastal Resi lience, Extreme Heat Mitigation, Biodiversity and Nature-Based Climate Solutions, Climate Smart Agriculture, Park Creation and Outdoor Access, and Clean Energy Bond Act of 2024, which, if approved by the voters, would authorize the issuance of bonds in the amount of $15,500,000,000 pursuant to the State General Obligation Bond Law to finance projects for drought, flood, and water resilience, wildfire and forest resilience, coastal resilience, extreme heat mitigation, biodiversity and nature-based climate solutions, climate smart agriculture, park creation and outdoor access, and clean energy programs. Status: 7/6/2023-July 10 hearing postponed by committee. Governmental Operations AB 504 (Reyes) State and local public employees: labor relations: strikes. (Vetoed: 10/8/2023) Link The Meyers-Milias-Brown Act and the Ralph C. Dills Act regulate the labor relations of employees and employers of local public agencies and the state, respectively. Those acts grant specified employees, including, among others, certain employees of fire departments, of local public agencies and the state the right to form, join, and participate in the activities of employee organizations of their choosing and require public agency employers, among other things, to meet and confer with Nov. 14,2023 Item #2 Page 48 of 67 representatives of recognized employee organizations and exclusive representatives on terms and conditions of employment. The acts grant the Public Employment Relations Board the power to hear specified disputes in relation to these provisions and to make determinations regarding them. This bill would provide, except as specified, that it is not unlawful or a cause for discipline or other adverse action against a public employee for that public employee to refuse to enter property that is the site of a primary strike, perform work for a public employer involved in a primary strike, or go through or work behind a primary strike line. The bill would prohibit a public employer from directing a public employee to take those actions. The bill would authorize a recognized employee organization to inform employees of these rights and encourage them to exercise those rights. Status: 10/8/2023-Vetoed by Governor. AB 520 (Santiago) Employment: public entities. (Chaptered: 10/10/2023) Link Current law authorizes the Labor Commissioner to investigate employee complaints and to provide for a hearing in any action to recover wages, penalties, and other demands for compensation. Under existing law, any individual or business entity that contracts for services in the property services or long-term care industries is jointly and severally liable for any unpaid wages, including interest, where the individual or business entity has been provided notice, by any party, of any proceeding or investigation by the Labor Commissioner in which the employer is found liable for those unpaid wages, to the extent the amounts are for services performed under that contract, as provided, and except as specified. This bill would additionally provide that any public entity, defined as a city, county, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state, is jointly and severally liable for any unpaid wages, as provided in the above paragraph. Status: 10/10/2023-Approved by the Governor. Chaptered by Secretary of State -Chapter 656, Statutes of 2023. AB 1484 (Zbur) Temporary public employees. (Chaptered: 10/10/2023) Link This bill 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, subject to limited exceptions. In this regard the bill would require those temporary employees to be automatically included in the same bargaining unit as the permanent employees if the requested classification of temporary employees is not presently within the unit. The bill would further require the public employer to promptly participate in collective bargaining to establish certain employment conditions for the newly added temporary employees if the parties' current memorandum of understanding does not address them, as specified. The bill would also require a public employer to, upon hire, provide each temporary employee with their job description, wage rates, and eligibility for benefits, anticipated length of employment, and procedures to apply for open, permanent positions. By imposing new duties on local agencies that employ temporary employees, the bill would impose a state-mandated local program. The bill would require complaints alleging a violation of its provisions to be processed as unfair practice charges under the act. The bill would additionally include the same findings and declarations as set forth above. This bill contains other related provisions and other existing laws. Status: 10/10/2023-Approved by the Governor. Chaptered by Secretary of State -Chapter 691, Statutes of 2023. Client Position: Oppose Notes: 5/3/23: EN tagged as pending oppose. 5/8/23 AB: tagged as oppose and submitted letter of opposition through the Legislative portal. 5/8/23: EN emailed letter to delegation. 6/23/23: EN submitted to Sen LPER, emailed delegation and governor's office. 7 /12/23: AS me too'd in Senate Labor, Public Employment, and Retirement. 8/14/23: SG me too'd in Senate Appropriations Committee. 9/18/23: EN emailed request for veto letter to the governor's office. AB 1637 (Irwin) Local government: internet websites and email addresses. (Chaptered: 10/9/2023) Link Would, no later than January 1, 2029, require a local agency, as defined, that maintains an internet website for use by the public to ensure that the internet website utilizes a ".gov" top-level domain or a ".ca.gov" second-level domain and would require a local Nov. 14, 2023 Item #2 Page 49 of 67 agency that maintains an internet website that is noncom pliant with that requirement to redirect that internet website to a domain name that does utilize a ".gov" or ".ca.gov" domain. This bill, no later than January 1, 2029, would also require a local agency that maintains public email addresses to ensure that each email address provided to its employees utilizes a ".gov" domain name or a ".ca.gov" domain name. By adding to the duties of local officials, the bill would impose a state-mandated local program. Status: 10/8/2023-Approved by the Governor. Chaptered by Secretary of State -Chapter 586, Statutes of 2023. AB 1638 (Fong, Mike) Local government: emergency response services: use of languages other than English. (Chaptered: 10/9/2023) Link Would require, commencing January 1, 2025, in the event of an emergency within the jurisdiction of a local agency, as defined, that provides emergency response services and that serves a population within which 5% or more of the people speak English less than "very well" according to American Community Survey data and jointly speak a language other than English, that the local agency provide information related to the emergency in English and in all languages spoken jointly by the 5% or more of the population that speaks English less than "very well." The bill would require local agencies to use data by January 1, 2025, as specified, to determine which languages are spoken jointly by 5% or more of the population in its jurisdiction and to reassess that data every 5 years. The bill would impose various requirements on the manner in which information is provided in languages other than English. The bill would also require the Office of Planning and Research to survey a sample of local agencies every 3 years to determine compliance with these requirements and to report its findings to the Legislature. Because the bill would require local agencies to provide a higher level of service, the bill would impose a state-mandated local program. Status: 10/8/2023-Approved by the Governor. Chaptered by Secretary of State -Chapter 587, Statutes of 2023. ACA 13 (Ward) Voting thresholds. (Chaptered: 11/2/2023) Link The California Constitution provides that a proposed constitutional amendment and a statewide initiative measure each take effect only if approved by a majority of the votes cast on the amendment or measure. This measure would further provide that an initiative measure that includes one or more provisions that would amend the Constitution to increase the voter approval requirement to adopt any state or local measure would be approved by the voters only if the proportion of votes cast in favor of the initiative measure is equal to or greater than the highest voter approval requirement that the initiative measure would impose. The measure would specify that this voter approval requirement would apply to statewide initiative measures that appear on the ballot on or after January 1, 2024. Status: 11/2/2023-Chaptered by Secretary of State-Chapter 176, Statutes of 2023 SB 428 (Blakespear) Temporary restraining orders and protective orders: employee harassment. (Chaptered: 9/30/2023) Link Current law authorizes 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, to seek a temporary restraining order and an injunction on behalf of the employee and other employees of the employer. Current law requires an employer seeking a temporary restraining order to show reasonable proof that an employee has suffered unlawful violence or a credible threat of violence and that a great or irreparable harm would result to an employee if the order is not issued. Current law prohibits issuing such an order to the extent that the order would prohibit constitutionally protected speech, specified activities related to dispute resolution between employers and employee organizations, or other law. This bill would additionally authorize any employer whose employee has suffered harassment, as defined, to seek a temporary restraining order and an injunction on behalf of the employee and other employees upon a showing of clear and convincing evidence that an employee has suffered harassment, that great or irreparable harm would result to an employee, and that the respondent's course of conduct served no legitimate purpose. Status: 9/30/2023-Approved by the Governor. Chaptered by Secretary of State. Chapter 286, Statutes of 2023. Nov. 14,2023 Item #2 Page 50 of 67 Client Position: Sponsor Notes: 3/10/23: Amy submitted letter to portal. 3/10/23: EN emailed delegation. 4/17 /23: EN submitted letter to Sen Approps. 4/24/23: SG testified in support in Senate Appropriations Committee 4/27 /23: EN submitted a coalition letter. 4/28/23: EN submitted an updated coalition letter. 6/20/23: EN submitted letter to Asm Jud, emailed city, delegation, and governor's office. 6/27 /23: Bill was on consent in Asm Jud. 9/18/23: EN emailed the City a draft request for signature letter. 9/20/23: EN emailed request for signature coalition letter to Kalyn Dean, Faith Borges, Jean Hurst, Sarah Dukett, and Johnnie Pina. 9/20/23: EN emailed request for signature coalition letter to governor's office. 9/20/23: EN received request for signature letter from Jason and emailed Governor's office and Jessica Devencenzi. SB 654 (Jones) Local agencies: public property: airport leases. (Chaptered: 9/1/2023) Link Current law authorizes a local agency to lease or sublease property owned, leased, or otherwise controlled by it for a period not to exceed 50 years for airport purposes or purposes incidental to aircraft. This bill would authorize a local agency and the leaseholder, with respect to a lease or sublease entered into pursuant to the above-described authority, to amend the lease or sublease to extend the duration of the lease or sublease, to terminate the lease or sublease and enter into a new lease or sublease, or to transfer an existing lease or sublease, as specified. Status: 9/1/2023-Approved by the Governor. Chaptered by Secretary of State. Chapter 155, Statutes of 2023. Notes: 4/12/23 SG: Carlsbad Jet Center is in support SB 799 (Portantinol Unemployment insurance: trade disputes: eligibility for benefits. (Vetoed: 9/30/2023) Link Current law provides for the payment of unemployment compensation benefits and ext ended benefits to eligible individuals who meet specified requirements. Under current law, un employment benefits are paid from the Unemployment Fund, which is co ntinuously appropriated for these purposes. Current law makes an employee ineligible for benefits if the employee left work because of a trade dispute and specifies that the employee remains ineligible for the duration of the trade dispute. Current case law holds that employees who left work due to a lockout by the employer, even if it was in anticipation of a trade dispute, are eligible for benefits. This bill would restore eligibility after the first 2 weeks for an employee who left work because of a trade dispute. The bill would codify specified case law that holds that employees who left work due to a lockout by the employer, even if it was in anticipation of a trade dispute, are eligible for benefits. The bill would specify that the bill's provisions do not diminish eligibility for benefits of individuals deprived of work due to an employer lockout or similar action, as specified. Status: 9/30/2023-Vetoed by the Governor. In Senate. Consideration of Governor's veto pending. SB 825 (Limon) Local government: public broadband services. (Chaptered: 9/8/2023) Link Would add metropolitan planning orga nizations and regional transportation planning authorities to that list of local government agencies included in the definition of "loca l age ncy." Status: 9/8/2023-Approved by the Governor. Chaptered by Secretary of State. Chapter 186, Statutes of 2023. Health and Human Services SB 43 (Eggmanl Behavioral health. (Chaptered: 10/10/2023) Link The Lanterman-Petris-Short Act provides for the involuntary commitment and treatment of a person who is a danger to themselves or others or who is gravely disabled. Current law, for purposes of involuntary commitment, defines "gravely disabled" as either a condition in which a person, as a result of a mental health disorder, is un able t o provide for their basic personal needs for food, clothing, or shelter or has been found mentally incompetent, as specified. This bill expands the definition of "gravely disabled" to also include a condition in which a person, as a result of a severe substance use disorder, or a co-occurring mental Nov. 14,2023 Item #2 Page 51 of 67 health disorder and a severe substance use disorder, is, in addition to the basic personal needs described above, unable to provide for their personal safety or necessary medical care, as defined. Status: 10/10/2023-Approved by the Governor. Chaptered by Secretary of State. Chapter 637, Statutes of 2023. Client Position: Support Notes: 3/14/23 SG: Subcommittee approved support position 3/29/23 SG: Testified in support in Senate Health Committee 4/7 /23 AB: Submitted letter of support to the Judiciary Committee and the Author through the Legislative portal. 4/7 /23: EN emailed letter to delegation. 5/8/23: AS testified in support in Senate Appropriations. 6/9/23: EN submitted to Asm Health, emailed delegation and governor's office. 6/27 /23: SG me too'd in Asm Health. 7 /3/23: EN submitted to Asm Judiciary, emailed delegation and governor's office. 7 /11/23: AS me too'd in Asm Judiciary. 9/19/23: EN emailed request for signature letter to the governor's office. SB 326 (Eggmanl The Behavioral Health Services Act. (Chaptered: 10/12/2023) Link Would, If approved by the voters at the March 5, 2024, statewide primary election, recast the Mental Health Services Act (MHSA) by, among other things, renaming it the Behavioral Health Services Act (BHSA), expanding it to include treatment of substance use disorders, changing the county planning process, and expanding services for which counties and the state can use funds. The bill would revise the distribution of MHSA moneys, including allocating up to $36,000,000 to the department for behavioral health workforce funding. The bill would authorize the department to require a county to implement specific evidence-based practices. This bill would require a county, for behavioral health services eligible for reimbursement pursuant to the federal Social Security Act, to submit the claims for reimbursement to the State Department of Health Care Services (the department) under specific circumstances. The bill would require counties to pursue reimbursement through various channels and would authorize the counties to report issues with managed care plans and insurers to the Department of Managed Health Care or the Department of Insurance. Status: 10/12/2023-Approved by the Governor. Chaptered by Secretary of State. Chapter 790, Statutes of 2023. Client Position: Support Notes: 7/19/23: EN tagged as pending support and emailed Jason a draft letter. 8/11/23: EN tagged as support, submitted to Assembly Health Committee, emailed delegation and Governor's office. 8/22/23: SG me too'd in Assembly Health Committee. 8/24/23: EN submitted to Assembly Housing and Community Development Committee, emailed delegation and Governor's office. 8/28/23: SG me too'd in Assembly Housing Committee. 9/13/23: SG me too'd in Senate Health Committee. 9/19/23: EN emailed request for signature letter to the governor's office. SB 363 (Eggmanl Facilities for inpatient and residential mental health and substance use disorder: database. (Amended: 5/18/2023) Link Would require, by January 1, 2026, the State Department of Health Care Services, in consultation with the State Department of Public Health and the State Department of Social Services, and by conferring with specified stakeholders, to develop a real-time, internet-based database to collect, aggregate, and display information about beds in specified types of facilities, such as chemical dependency recovery hospitals, acute psychiatric hospitals, and mental health rehabilitation centers, among others, to identify the availability of inpatient and residential mental health or substance use disorder treatment. The bill would require the database to include a minimum of specific information, including the contact information for a facility's designated employee, the types of diagnoses or treatments for which the bed is appropriate, and the target populations served at the facility, and have the capacity to, among other things, enable searches to identify beds that are appropriate for individuals in need of inpatient or residential mental health or substance use disorder treatment. Status: 9/1/2023-September 1 hearing: Held in committee and under submission. Nov. 14,2023 Item #2 Page 52 of 67 Client Position: Support Notes: 3/14/23 SG: Subcommittee approved support position 3/22/23 SG: Testified in support in Senate Health Committee 4/7 /23 AB: Submitted letter of support to the Judiciary Committee and the Author. 4/7 /23: EN emailed letter to delegation. 4/11/23 SG: Testified in support in Senate Judiciary Committee 4/24/23 SG: Testified in support in Senate Approps 6/6/23: EN submitted to Asm Health and emailed City, delegation, and governor's office. 6/13/23: AS testified in Asm Health. Homelessness AB 1215 (Carrillo, Wendy) Pets Assistance With Support Grant Program: homeless shelters: domestic violence shelters: pets. (Vetoed: 10/7/2023)Link Would require the Department of Housing and Community Development, upon appropriation by the Legislature, to develop and administer the Pets Assistance With Support Grant Program (PAWS), to award grants to qualified homeless shelters and qualified domestic violence shelters, as defined. The bill would require grant recipients to meet certain availability and service requirements as they relate to the pets of people experiencing homelessness and people escaping domestic violence. The bill would authorize the department to use up to 7% of the funds appropriated in the annual Budget Act for those purposes for its costs in administering the program. Status: 10/7 /2023-Vetoed by Governor. AB 1285 (Wicks) Homeless Housing. Assistance, and Prevention program and Encampment Resolution Funding program. (Chaptered: 10/10/2023) Link The Homeless Housing, Assistance, and Prevention program is administered by the California lnteragency Council on Homelessness to provide grant funds to cities, continuums of care, and tribes in 5 rounds to support regional coordination and expand or develop local capacity to address homelessness challenges informed by a best-practices framework focused on moving homeless individuals and families into permanent housing and supporting the effort of those individuals and families to maintain their permanent housing. Current law requires, to be eligible for a round 5 base program allocation, a jurisdiction that is not a tribe to apply as part of a region and to be signatory to a regionally coordinated homelessness action plan that has been approved by the council. Current law requires the regionally coordinated homelessness action plan to include, among other things, an explanation of how each participating jurisdiction is utilizing local, state, and federal funding programs to end homelessness. Current law establishes the Encampment Resolution Funding program, administered by the California lnteragency Council on Homelessness, to increase collaboration between the council, local jurisdictions, and continuums of care for specified purposes. Existing law requires the council to award moneys pursuant to the program as competitive grants, as specified, to be used to support encampment resolution and rehousing efforts for local jurisdictions. Current law requires the council to prioritize funding applicants that demonstrate a commitment to cross-systems collaboration and innovative efforts to resolve encampment issues or have 50 or more individuals living in the encampment. This bill would require the above-described regionally coordinated homelessness action plan to additionally include evidence and an explanation by a continuum of care that shares geographic boundaries with a city, county, or city and county that is using state funding allocated pursuant to the Homeless Housing, Assistance, and Prevention program or is receiving state funding pursuant to the Encampment Resolution Funding program to provide services or housing for place-based encampment resolution, of collaboration with the city, county, or city and county that addresses how people served through encampment resolution have or will be included in prioritization for permanent housing within coordinated entry systems. Status: 10/10/2023-Approved by the Governor. Chaptered by Secretary of State -Chapter 727, Statutes of 2023. Housing and Land Use AB 72 (Boerner) Coastal resources: research: landslides and erosion: early warning system. (Chaptered: 7/21/2023) Link Nov. 14,2023 Item #2 Page 53 of 67 Current law requires the Scripps Institution of Oceanography at the University of California, San Diego, upon appropriation by the Legislature, to conduct research on coastal cliff landslides and erosion in the County of San Diego, to be completed by January 1, 2025. Current law requires the institution to conduct rea l-time measurements of land deformation to identify and analyze conditions that precede catastrophic bluff failure on 2 specified sites as a condition of receiving funds. Current law requires the institution to provide a report to the Legislature with recommendations for developing a coastal cliff landslide and erosion early warning system based on available research no later than March 15, 2025. This bill would require those real-time measurements, and identification and analysis of those conditions, for a 3rd specified site as a condition of receiving that funding, and would postpone the deadline for the research to be completed to January 1, 2026. Status: 7 /21/2023-Approved by the Governor. Chaptered by Secretary of State -Chapter 80, Statutes of 2023. AB 434 (Grayson) Housing element: notice of violation. (Chaptered: 10/11/2023) Link Current law requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and specified land outside its boundaries, that includes, among other mandatory elements, a housing element. Upon adoption of a housing element or amendment to an adopted housing element, current law requires t he planning agency to submit a copy to the Department of Housing and Community Development, as provided, and requires the department to evaluate the adopted housing element or amendment and report its findings to the planning agency within 90 days. This bill would, instead, require the department to review an adopted housing element or amendment and report its findings to the local planning agency within 60 days. Status: 10/11/2023-Approved by the Governor. Chaptered by Secretary of State -Chapter 740, Statutes of 2023. AB 480 (Ting) Surplus land. (Chaptered: 10/11/2023) Link Current law prescribes requirements for the disposal of surplus land by a local agency, as defined, and requires, except as provided, a local agency disposing of surplus land to comply with certain notice requirements before disposing of the land or participating in negotiations to dispose of the land with a prospective transferee, particularly that the local agency send a notice of availability to specified entities that have notified the Department of Housing and Community Development of their interest in surplus land, as specified. Under current law, if t he local agency receives a notice of interest, the local agency is required to engage in good faith negotiations with the entity desiring to purchase or lease the surplus land. This bill would define the term "dispose" to mean the sale of the surplus property or a lease of any surplus property entered into on or after January 1, 2024, for a term longer than 15 years, including renewal options, as specified. The bill would provide that "dispose" does not include entering a lease for surplus land on which no development or demolition will occur, regardless of the term of the lease. Status: 10/11/2023-Approved by the Governor. Chaptered by Secretary of State -Chapter 788, Statutes of 2023. AB 531 (Irwin) The Behavioral Health Infrastructure Bond Act of 2023. (Chaptered: 10/12/2023) Link Would provide that projects funded by the Behavioral Health Infrastructure Bond Act of 2024 that provide housing for individuals and families who are experiencing homelessness or who are at risk of homelessness and who are inherently impacted by or at increased risk for medical diseases or conditions due to the COVID-19 pandemic or other communicable diseases and are disbursed in accordance with the Multifamily Housing Program, or projects that are disbursed in accordance with the Behavioral Health Continuum Infrastructure Program, are a use by right and subject to the streamlined, ministerial review process. The bill would define use by right for these purposes to mean that the local government's review of the project does not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a project subject to the approval process in CEQA. Status: 10/12/2023-Approved by the Governor. Chaptered by Secretary of State -Chapter 789, Statutes of 2023. Client Position: Support Nov. 14,2023 Item #2 Page 54 of 67 Notes: 7 /19/23: EN tagged as pending support and emailed Jason a draft letter. 8/11/23: EN tagged as support, submitted to Senate Appropriations, emailed delegation and Governor's office. 9/19/23: EN emailed request for signature letter to the governor's office. AB 894 (Friedman) Parking requirements: shared parking. (Chaptered: 10/11/2023) Link The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development, and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a housing element. Current law also authorizes the legislative body of a city or a county to adopt ordinances establishing requirements for parking. When an entity receiving parking is not using that parking to meet public automobile parking requirements, this bill would require a local agency, as defined, to allow entities with underutilized parking to share their underutilized parking with the public, local agencies, or other entities, if those entities submit a shared parking agreement, as defined, to the local agency, and information identifying the benefits of the proposed shared parking agreement. The bill would require a local agency to allow parking spaces identified in a shared parking agreement to count toward meeting automobile parking requirements for a new or existing development or use, including, but not limited to, shared parking in underutilized spaces and in parking lots and garages that will be constructed as part of the development or developments when specified conditions regarding the distance between the entities that will share the parking are met. The bill would require a local agency to approve the shared parking agreement if it includes, among other things, a parking analysis using peer-reviewed methodologies developed by a professional planning association, as specified. The bill would require a local agency to decide whether to approve or deny the shared parking agreement and determine how many parking spaces can be reasonably shared between uses to fulfill parking requirements if the shared parking agreement does not include this parking analysis. If the local agency is required to decide whether to approve or deny an agreement for specified developments under these provisions, the bill would require the local agency to notify all property owners within 300 feet of the shared parking spaces of the proposed agreement and to hold a public meeting if it receives a request to do so within 14 days of notifying property owners, as provided. The bill would specify that these notification and public meeting requirements would not apply to local agencies that enact an ordinance that provides for shared parking agreements, including ordinances enacted before January 1, 2024. Status: 10/11/2023-Approved by the Governor. Chaptered by Secretary of State -Chapter 749, Statutes of 2023. AB 976 (Ting) Accessory dwelling units: owner-occupancy requirements. (Chaptered: 10/11/2023) Link Current law requires a local ordinance to require an accessory dwelling unit to be either attached to, or located within, the proposed or existing primary dwelling, as specified, or detached from the proposed or existing primary dwelling and located on the sa me lot as the proposed or existing primary dwelling. Current law authorizes a local agency to require an accessory dwelling unit to be used for rentals of terms longer than 30 days. This bill, instead, would authorize a local agency to require terms that are 30 days or longer. Status: 10/11/2023-Approved by the Governor. Chaptered by Secretary of State -Chapter 751, Statutes of 2023. AB 1218 (Lowenthal) Development projects: demolition of residential dwelling units. (Chaptered: 10/11/2023) Link The Housing Crisis Act of 2019 prohibits an affected city or an affected county, as defined, from approving a housing development project that will require the demolition of one or more residential dwelling units, unless the project creates at least as many residential dwelling units as will be demolished. The act also prohibits an affected city or affected county from approving any housing development project that will require the demolition of occupied or vacant protected units, unless specified conditions are met. In this regard, the act requires a project that will require the demolition of occupied or vacant protected units to, among other things, (1) replace all existing protected units and protected units demolished on or after January 1, 2020, (2) include a minimum amount of residential units, (3) allow existing occupants to occupy their units until 6 months before the start of co nstruction activities, and (4) provide relocation benefits to the existing occupants of any protected units that are lower income households. This bill would expand the demolition of residential dwelling units prohibitions to prohibit an affected city or affected Nov. 14,2023 Item #2 Page 55 of 67 county from approving any development project that will require the demolition of occupied or vacant protected units, or that is located on a site where protected units were demolished in the previous 5 years, unless the conditions described above are met, except as provided. Status: 10/11/2023-Approved by the Governor. Chaptered by Secretary of State -Chapter 754, Statutes of 2023. AB 1287 (Alvarez} Density Bonus Law: maximum allowable residential density: additional density bonus and incentives or concessions. (Chaptered: 10/11/2023) Link Current law defines the term "density bonus" for specified purposes to mean a density increase over the otherwise maximum allowable gross res idential density as of the date of the application, as described. Current law defines the term "maximum allowable residential density" for these purposes to mean the maximum number of units allowed under the zon ing ordinance, specific plan, or land use element of the general plan, or, if a range of density is permitted, the maximum number of units allowed by the specific zoning range, specific plan, or land use element of the general plan applicable to the project. Current law provides under that definition that if the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan or specific plan, the greater density prevails. This bill would instead define "maximum allowable residential density" to mean the greatest number of units allowed under the zoning ordinance, specific plan, or land use element of the general plan, or, if a range of density is permitted, the greatest number of units allowed by the specific zoning range, specific plan, or land use element of the general plan applicable to the project. The bill would also remove from that definition the provision stating that the greater density prevails if the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan or specific plan. This bill would require a city, county, or city and county to grant an additional density bonus, calculated as specified, when {1) an applicant proposes to construct a housing development that conforms to specified requirements, (2) the applicant agrees to include additional rental or for-sale units affordable to very low income households or moderate-income households, as specified, and (3) the housing development conforms to specified requirements and provides 24% of the total units to lower income households, conforms to specified requirements and provides 15% of the total units to very low income households, or conforms to specified requirements and provides 44% of the total units to moderate-income units. The bill would require a city, county, or city and county to gra nt four incentives or concessions for a project that includes at least 16% of the units for very low income households or at least 45% for persons and families of moderate income in a development in which the units are for sale. The bill would increase the incentives or concessions for a project in which 100% of all units are for lower income households, as specified, from 4 to 5. I Status: 10/11/2023 -Approved by the Governor. Chaptered by Secretary of State -Chapter 755, Statutes of 2023. AB 1332 (Carrillo, Juan} Accessory dwelling units: preapproved plans. (Chaptered: 10/11/2023) Link The Planning and Zoning Law authorizes a local agency, by ordinance or ministerial approval, to provide for the creation of accessory dwelling units in areas zoned for residential use, as specified. Cu rrent law authorizes a local agency to impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, and maximum size of a unit. This bill would require each loca l agency, by January 1, 2025, to develop a program for the preapproval of accessory dwelling unit plans, whereby the local agency accepts accessory dwelling unit plan submissions for preapproval and approves or denies the preapproval applications, as specified. The bill wou ld authorize a local agency to charge a fee to an applicant for the preapproval of an accessory dwelling unit plan, as specified. The bill would r"equire the local agency to post preapproved accessory dwelling unit plans and the contact information of the applicant on the local agency's internet website. The bill would require a local agency to either approve or deny an application for a permit for a proposed accessory dwelling unit within 30 days that utilizes either an accessory dwelling unit plan preapproved within the current triennial California Building Sta ndards Code rulemaking cycle or a plan that is identical to a plan used in an application for a detached accessory dwelling unit approved by the local agency within the current triennial California Building Standards Code rulemaking cycle. Status: 10/11/2023-Approved by the Governor. Chaptered by Secretary of State -Chapter 759, Statutes of 2023. Nov. 14,2023 Item #2 Page 56 of 67 AB 1490 (Lee) Affordable housing development projects: adaptive reuse. (Chaptered: 10/11/2023) Link Under this bill, a housing development that is, among other requirements, an extremely affordable adaptive reuse project on an infill parcel that is not located on or adjoined to a site where more than 1/3 of the square footage on the site is dedicated to industrial use, as specified, would be an allowable use. The bill would authorize a local agency to impose objective design review standards, except as specified. The bill would authorize a local agency to deny the project if it is proposed to be located on a site or adjoined to any site where any of the square footage on the site is dedicated to industrial use and the local agency makes written findings that approving the development would have an adverse effect on public health and safety. The bill would provide that for purposes of the Housing Accountability Act, a proposed housing development project is consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision if the housing development project is consistent with the standards specified in these provisions. The bill would require a local agency to determine whether the proposed development meets those standards within specified timeframes. The bill would define an "extremely affordable adaptive reuse project" for these purposes to mean a multifamily housing development project that involves retrofitting and repurposing of a residential or commercial building that currently allows temporary dwelling or occupancy, and that meets specified affordability requirements, including that 100% of the units be dedicated to lower income households, 50% of which shall be dedicated to very low income households, as specified. Because the bill would require local officials to provide a higher level of service, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. Status: 10/11/2023-Approved by the Governor. Chaptered by Secretary of State -Chapter 764, Statutes of 2023. AB 1505 (Rodriguez) Seismic retrofitting: soft story multifamily housing. (Amended: 7/3/2023) Link Current law establishes the Seismic Retrofitting Program for Soft Story Multifamily Housing for the purposes of providing financial assistance to owners of soft story multifamily housing for seismic retrofitting to protect individuals living in multifamily housing that have been determined to be at risk of collapse in earthquakes, as specified. Current law also establishes the Seismic Retrofitting Program for Soft Story Multifamily Housing Fund, and its subsidiary account, the Seismic Retrofitting Account, within the State Treasury. Current law provides that the Legislature will appropriate $250,000,000 from the General Fund in the 2023-24 Budget Act to the Seismic Retrofitting Program for Soft Story Multifamily Housing Fund for the purposes of carrying out the program. Current law requires the CRMP to develop and administer the program, as specified. Existing law makes these provisions inoperative on July 1, 2042, and repeals them as of January 1, 2043. Current federal law, the Robert T. Stafford Disaster Re lief and Emergency Assistance Act, establishes various grant opportunities, including the Hazard Mitigation Grant Program and Building Resilient Infrastructure and Communities grant program, to support hazard mitigation projects. This bill would remove the requirement for the Legislature to appropriate $250,000,000 from the General Fund in the 2023-24 Budget Act to the Seismic Retrofitting Program for Soft Story Multifamily Housing Fund. The bill would authorize the Office of Emergency Services to dedicate federal Hazard Mitigation Grant Program and Building Resilient Infrastructure and Communities application funding to specified projects to augment and support the Seismic Retrofitting Program for Soft Story Multifamily Housing. Status: 9/14/2023-Ordered to inactive file at the request of Senator McGuire. AB 1657 (Wicks) The Affordable Housing Bond Act of 2024. (Amended: 4/17/2023) Link Would enact the Affordable Housing Bond Act of 2024, which, if adopted, would authorize the issuance of bonds in the amount of $10,000,000,000 pursuant to the State General Obligation Bond Law. Proceeds from the sale of these bonds would be used to finance programs to fund affordable rental housing and homeownership programs, including, among others, the Multifamily Housing Program, the Cal Home Program, and the Joe Serna, Jr. Farmworker Housing Grant Program. Status: 9/1/2023-ln committee: Held under submission. SB 4 (Wiener) Planning and zoning: housing development: higher education institutions and religious institutions. (Chaptered: 10/11/2023) Link Nov. 14, 2023 Item #2 Page 57 of 67 Current law, the Zenovich-Moscone-Chacon Housing and Home Finance Act, establishes the California Tax Credit Allocation Committee within the Department of Housing and Community Development. Current law requires the committee to allocate state low-income housing tax credits in conformity with state and federal law that establishes a maximum rent that may be charged to a tenant for a project unit constructed using low-income housing tax credits. The bill would define various terms for these purposes. Among other things, the bill would require that 100% of the units, exclusive of manager units, in a housing development project eligible for approval as a use by right under these provisions be affordable to lower income households, except that 20% ofthe units may be for moderate-income households, and 5% of the units may be for staff ofthe independent institution of higher education or the religious institution that owns the land, provided that the units affordable to lower income households are offered at affordable rent, as set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee, or affordable housing cost, as specified. The bill would authorize the development to include ancillary uses on the ground floor of the development, as specified. Status: 10/11/2023-Approved by the Governor. Chaptered by Secretary of State. Chapter 771, Statutes of 2023. SB 294 (Wiener) Artificial intelligence: regulation. (Amended: 9/13/2023) Link Would express the intent of the Legislature to enact legislation related to artificial intelligence that would relate to, among other things, establishing standards and requirements for the safe development, secure deployment, and responsible scaling of frontier Al models in the California market by, among other things, establishing a framework of disclosure requirements for Al models, as specified. Status: 9/14/2023-Withdrawn from committee. Re-referred to Com. on RLS. SB 423 (Wiener) Land use: streamlined housing approvals: multifamily housing developments. (Chaptered: 10/11/2023) Link Would authorize the Department of General Services to act in the place of a locality or local government, at the discretion of that department, for purposes of the ministerial, streamlined review for development in compliance with the specified-described requirements on property owned by or leased to the state. The bill would extend the operation of the streamlined, ministerial approval process to January 1, 2036. The bill would provide that the streamlined, ministerial approval process does not apply to applications for developments proposed on qualified sites, defined as a site that is located within an equine or equestrian district and meets certain other requirements, that are submitted on or after January 1, 2024, but before July 1, 2025. This bill would modify the specified-described objective planning standards, including by revising the standard that prohibits a multifamily housing development from being subject to the streamlined, ministerial approval process if t he development is located in a coastal zone to apply only if the development located in the coastal zone meets any one of specified conditions. The bill would require that a development located in a coastal zone that satisfies the specified conditions obtain a coastal development permit. The bill would require a local government to approve a coastal development permit if it determines that the development is consistent w ith all objective standards of the local government's certified local coastal program, as specified. The bill would provide that the changes made by this act would apply in a coastal zone on or after January 1, 2025 This bill would modify the objective planning standard that prohibits a development subject to the streamlined, ministerial approval process from being located in a high fire severity zone by deleting the prohibition for a development to be located within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection, and would instead prohibit a development from being located with the state responsibility area, as defined, unless the site has adopted specified standards. The bill would also remove an exception for sites excluded from specified hazard zones by a local agency, as specified. Status: 10/11/2023-Approved by the Governor. Chaptered by Secretary of State. Chapter 778, Statutes of 2023. Client Position: Oppose Notes: 5/3/23: EN tagged as pending oppose and sent a draft letter to Jason and Allegra. 5/8/23 AB: tagged as opposed and submitted letter of opposition through the Legislative portal. 5/8/23: EN emailed letter to delegation. 5/15/23: SG testified in Senate Appropriations. 6/9/23: EN submitted to Asm HCD, emailed delegation and governor's office. 6/21/23: EN submitted an Nov. 14, 2023 Item #2 Page 58 of 67 updated letter to Asm HCD. 6/28/23: EN me too'd in opposition in Asm HCD. 7 /3/23: EN submitted to Asm NR, emailed delegation and governor's office. 7 /10/23: EN me too'd in Asm NR. 9/13/23: EN emailed governor's office a request for veto letter. SB 555 (Wahab) Stable Affordable Housing Act of 2023. (Chaptered: 10/7/2023) Link Current law establishes various programs providing assistance for, among other things, emergency housing, multifamily housing, farmworker housing, homeownership for very low and low-income households, and down payment assistance for first-time home buyers. Current law requires the department to, on or before December 31 of each year, submit an annual report to the Governor and both houses of the Legislature on the operations and accomplishments during the previous fiscal year of the housing programs administered by the department, as prescribed. This bill, the Stable Affordable Housing Act of 2023, would require the department, no later than December 31, 2026, to complete a California Social Housing Study consisting of a comprehensive analysis of the opportunities, resources, obstacles, and recommendations for the creation of housing that is affordable, as defined, and socia l housing, as defined, at scale, to assist in meeting the need identified in the statewide projections for below market rate housing affordable to households with extremely low, very low, low, and moderate incomes in the 6th Regional Housing Needs Assessment cycle. Status: 10/7 /2023-Approved by the Governor. Chaptered by Secretary of State. Chapter 402, Statutes of 2023. SB 747 (Caballero) Land use: surplus land. (Chaptered: 10/11/2023) Link Current law prescribes requirements for the disposal of surplus land by a local agency. Current law defines terms for these purposes. Existing law defines "surplus land" to generally mean land owned in fee simple by a local agency for which the local agency's governing body takes formal action in a public meeting declaring that the la nd is su rplus and not necessary for the agency's use. Current law defines "agency's use" to include land that is being used, is planned to be used pursuant to a written plan adopted by the local agency's governing board, or is disposed of to support agency work or operations. Current law excludes from "agency's use" commercial or industrial uses or activities, or property disposed of for the sole purpose of investment or generation of revenue, unless the local agency is a district, except as specified, and the agency's governing body takes specified actions in a public meeting. Current law excludes from these requirements the disposal of exempt surplus land by an agency of the st ate or any local government . Current law requires a loca l agency to declare land as either surplus land or exempt surplus land, as supported by written findings, before a local agency may take any action to dispose of it. Under existing law, exempt surplus land includes, among other types of land, property that is used by a district for an "agency's use" as expressly authorized, land for specified developments, including a mixed-use development, if put out to open, competitive bid by a local agency, as specified, and surplus land that is subject to specified valid legal restrictions. This bill would define the term "dispose" for these purposes t o mean the sale of the surplus property or a lease of any surplus property entered into on or after January 1, 2024, for a term longer than 15 years, including renewal options, as specified. Status: 10/11/2023-Approved by the Governor. Chaptered by Secretary of State. Chapter 786, Statutes of 2023. Client Position: Neutral Notes: 4/11/23 SG: Carlsbad Legislative Subcommittee adopt support position 4/12/23 SG/EN: Testified in support in Senate Governance and Finance 4/13/23: EN sent draft letter to Jason and Allegra for review. 4/24/23: SG testified in support in Senate Housing Committee 5/3/23: EN uploaded to Sen Appropriations and emailed delegation. 5/15/23: SG testified in Senate Appropriations. 6/21/23: EN submitted letter to Asm LG, emailed governor's office and delegation. 6/28/23: RPPG testified in support in Asm LG. 7 /5/23: EN submitted to Asm Housing, emailed governor's office and delegation. 7 /12/23: SG me too'd in Asm Housing. 9/12/23: EN tagged as pending neutral and sent a draft letter to the City for review. 9/19/23: EN tagged as neutral. SB 834 (Portantino) Housing: California Family Home Construction and Homeownership Bond Act of 2023. (Amended: 5/2/2023) Link Nov. 14, 2023 Item #2 Page 59 of 67 Would enact the California Family Home Construction and Homeownership Bond Act of 2023 (bond act), which, if adopted, would authorize the issuance of bonds in the amount of $25,000,000,000 pursuant to the State General Obligation Bond Law to finance the California Family Home Construction and Homeownership Program, established as part of the bond act. The bill would authorize the California Housing Finance Agency to award California Socially Responsible Second Mortgage Loans to eligible applicants to use as a down payment or to pay closing costs on the purchase of a new home. The bill would also authorize the agency to award Family Homeownership Opportunity Infrastructure Improvement Loans to developers to be used for predevelopment infrastructure improvements and other upfront costs typically incurred in connection with new home construction, under specified conditions. The bill would require that moneys received from a loan recipient for the repayment of financing provided under the program be used to pay debt service when due on bonds issued pursuant to the bond act. The bill would also authorize the agency to issue revenue bonds for the purposes of financing the program, as specified. Status: 7 /12/2023-July 12 set for first hearing canceled at the request of author. Open Meetings and Transparency AB 557 (Hart) Open meetings: local agencies: teleconferences. (Chaptered: 10/9/2023) Link The Ralph M. Brown Act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency's jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. Current law, until January 1, 2024, authorizes the legislative body of a local agency to use teleconferencing without complying with those specified teleconferencing requirements in specified circumstances when a declared state of emergency is in effect. Those circumstances are that (1) state or local officials have imposed or recommended measures to promote social distancing, (2) the legislative body is meeting for the purpose of determining whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees, or (3) the legislative body has previously made that determination. If there is a continuing state of emergency, or if state or local officials have imposed or recommended measures to promote social distancing, existing law requires a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures. This bill wou ld revise the authority of a legislative body to hold a teleconference meeting under those abbreviated teleconferencing procedures when a declared state of emergency is in effect. Status: 10/8/2023-Approved by the Governor. Chaptered by Secretary of State -Chapter 534, Statutes of 2023. Client Position: Support Notes: 4/7/2023 AB: Submitted letter of Support to the ASM. Local Government Committee and added position. 6/1/23: EN submitted letter to Senate Gov Fi Committee, emailed City and delegation. 6/7/23: EN me too'd in Sen GF. 6/8/23: EN submitted letter to Sen Jud, emailed delegation and governor's office. 6/21/23: EN resubmitted to Sen Jud. 6/27 /23: AS testified in support in Senate Judiciary. 9/13/23: EN emailed request for signature letter to governor's office. SB 537 (Becker) Open meetings: multijurisdictional. cross-county agencies: teleconferences. (Amended: 9/5/2023) Link Current law, until January 1, 2024, authorizes the legislative body of a local agency to use alternate teleconferencing provisions during a proclaimed state of emergency or in other situations related to public health that exempt a legislative body from the general requirements (emergency provisions) and impose different requirements for notice, agenda, and public participation, as prescribed. The emergency provisions specify that they do not require a legislative body to provide a physical location from which the public may attend or comment. Current law, until January 1, 2026, authorizes the legislative body of a local agency to use alternative teleconferencing in certain circumstances related to the particular member if at least a quorum of its members Nov. 14, 2023 Item #2 Page 60 of 67 participate from a singular physical location that is open to the public and situated within the agency's jurisdiction and other requirements are met, including restrictions on remote participation by a member of the legislative body. These circumstances include if a member shows "just cause," including for a childcare or caregiving need of a relative that requires the member to participate remotely. This bill would expand the circumstances of "just cause" to apply to the situation in which an immunocompromised chi ld, parent, grandparent, or other specified relative requires the member to participate remotely. The bill would authorize the legislative body of a multijurisdictional, cross-county agency, as specified, to use alternate teleconferencing provisions if the eligible legislative body has adopted an authorizing resolution, as specified. The bill would also require the legislative body to provide a record of attendance of the members of the legislative body, the number of community members in attendance in the teleconference meeting, and the number of public comments on its internet website within 10 days after a teleconference meeting, as specified. The bill would require at least a quorum of members of the legislative body to participate from one or more physical locations that are open to the public and within the boundaries of the territory over which the local agency exercises jurisdiction. Status: 9/14/2023-Ordered to inactive file on request of Assembly Member Bryan. Client Position: Pending Support Notes: 9/12/23: EN tagged as pending support, City requested a request for signature letter. Public Safety and EMS AB 33 (Bains) Fentanyl Misuse and Overdose Prevention Task Force. (Chaptered: 10/13/2023) Link Would, subject to an appropriation, establish the Fentanyl Misuse and Overdose Prevention Task Force to undertake various duties relating to fentanyl misuse, including, among others, collecting and organizing data on the nature and extent of fentanyl misuse in California and evaluating approaches to increase public awareness of fentanyl misuse. The bill would require the task force to be cochaired by the Attorney General and the State Public Health Officer, or their designees, and would specify the membership of the task force. Status: 10/13/2023-Approved by the Governor. Chaptered by Secretary of State -Chapter 887, Statutes of 2023. Client Position: Support Notes: 5/24/23: EN tagged as pending support and sent a combined 3-bill letter to the City for review. 6/12/23: EN followed up with the City on the status of the letter. 7 /5/23: EN tagged as support, submitted to Sen Appropriations, emailed delegation and governor's office. 8/14/23: SG me too'd in Senate Appropriations Committee. 9/18/23: EN emailed request for signature letter to governor's office. AB 40 (Rodriguez) Emergency medical services. (Chaptered: 10/13/2023) Link The Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act creates the Emergency Medical Services Authority, which is responsible for the coordination of various state activities concerning emergency medical services. Among other duties, existing law requires the authority to develop planning and implementation guidelines for EMS systems, provide technical assistance to current agencies, counties, and cities for the purpose of developing the com ponents of EMS systems, and receive plans for the implementation of EMS and trauma care systems from local EMS agencies. Current law makes a violation of the act or regulations adopted pursuant to the act punishable as a misdemeanor. This bill, on or before December 31, 2024, would require the authority to develop and implement an electronic signature for use between the emergency department medical personnel at a receiving hospital and the transporting emergency medical personnel that captures the points in time when the ambulance arrives at the hospital emergency department bay and when transfer of care is executed for documentation of ambulance patient offload time, as defined. The bill would require every local EMS agency, by July 1, 2024, to develop a standard not to exceed 30 minutes, 90% of the time, for ambulance patient offload time and report the Nov. 14,2023 Item #2 Page 61 of 67 standardized time to the authority. The bill would authorize local EMS agencies to engage stakeholders in developing this standard, as specified. Status: 10/13/2023-Approved by the Governor. Chaptered by Secretary of State -Chapter 793, Statutes of 2023. Client Position: Support Notes: 4/20/23: EN tagged as pending support. 4/20/23 SG: Draft letter of support sent to City 5/8/23: EN submitted to Asm Approps, emailed delegation, and tagged as support. 6/8/23: EN submitted to Sen Health Committee, emailed delegation and governor's office. 7 /12/23: SG me too'd in Sen Health Committee. 8/14/23: SG me too'd in Sen Appropriations Committee. 9/12/23: EN emailed request for signature letter to the governor's office. AB 474 (Rodriguez) State Threat Assessment Center: transnational criminal organizations. (Vetoed: 10/9/2023) Link Existing law, the California Emergency Services Act, creates, within the office of the Governor, the Office of Emergency Services, which is responsible for addressing natural, technological, or human-caused disasters and emergencies, including responsibility for activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters to people and property. This bill would find and declare that the State Threat Assessment Center (STAC) serves as California's information- sharing clearinghouse of strategic threat analysis and situational awareness reporting for statewide leadership and the public safety community, as specified, and that the STAC is California's state primary fusion center, as designated by the Governor, and is operated by the Department of the California Highway Patrol, the Office of Emergency Services, and the Department of Ju stice. The bill would make other findings and declarations related to drug trafficking and transnational criminal organizations. This bill contains other related provisions and other existing laws. Status: 10/8/2023-Vetoed by Governor. Client Position: Support Notes: 5/24/23: EN tagged as pending support and sent a combined 3-bill letter to the City for review. 6/12/23: EN followed up with the City on the status of the letter. 7 /5/23: EN tagged as support, submitted to Sen Governmental Organization, emailed delegation and governor's office. 7 /11/23: CS me too'd in Senate Governmental Organization. 8/14/23: SG me too'd in Senate Appropriations Committee. 9/18/23: EN emailed request for signature letter to governor's office. AB 701 (Villapudua) Controlled substances: fentanyl. (Chaptered: 10/9/2023) Link Current law classifies controlled subst ances into 5 schedules and places the greatest restrictions and penalties on the use of those substances placed in Schedule I. Current law classifies the drug fentanyl in Schedule II. Existing law prohibits a person from possessing for sale or purchasing for purposes of sale specified controlled substances, including fentanyl, and provides for imprisonment in a county jail for 2, 3, or 4 years for a violation of this provision. Current law also imposes an additional term, and authorizes a trial court to impose a specified fine, upon a person who is co nvicted of a violation of, or of a conspiracy to violate, specified provisions of law with respect to a substance containing heroin, cocaine base, and cocaine, if the substance exceeds a specified weight. This bill would add fentanyl to the substances for which additional t erms or fines can be imposed and would require a defendant who violates those laws with respect to a substance containing heroin, fentanyl, or cocaine, as specified, to know of the substance's nature or character as a controlled substance to be subjected to an additional term and authorized fine. Status: 10/8/2023-Approved by the Governor. Chaptered by Secretary of State -Chapter 540, Statutes of 2023. Client Position: Support Notes: 5/24/23: EN tagged as pending support and sent a combined 3-bill letter to the City for review. 6/12/23: EN followed up with the City on the status of the letter. 7 /5/23: EN tagged as support, submitted to Sen Appropriations, emailed delegation and Nov. 14,2023 Item #2 Page 62 of 67 governor's office. 8/14/23: SG me too'd in Senate Appropriations Committee. 9/18/23: EN emailed request for signature letter to governor's office. AB 825 (Bryan) Vehicles: bicycles on sidewalks. (Vetoed: 10/9/2023) Link Would, until January 1, 2031, and except as specified, prohibit a local authority from prohibiting the operation of a bicycle on a sidewalk adjacent to a highway or corridor that does not include a Class I, Class II, or Class IV bikeway, as defined, and would require the Comm issioner of the California Highway Patrol to submit a report to the Legislature rega rding the effects of that prohibition. Status: 10/8/2023-Vetoed by Governor. AB 1329 (Maienschein) County jail incarcerated persons: identification card pilot program. (Chaptered: 10/8/2023) Link Current law requires the Department of Corrections and Rehabilitation and the Department of Motor Vehicles (OMV) to ensure that any eligible inmate, as defined, released from stat e prison has a valid identification card. Current law authorizes the Department of Corrections and Rehabilitation and the OMV to provide a renewed driver's license in lieu of an identification card if the inmate meets specified criteria. Existing law defines "eligible inmate," in part, as a person who has previously held a California driver's license or identification card, who has a usable photo on file with the Department of Motor Vehicles, and who meets certain requirements, including that they have provided, and the Department of Motor Vehicles has verified, specified information, such as the inmate's true full name. Current law requires the Department of Corrections and Rehabilitation, to the extent administratively feasible and within available resources, to facilitate the process between an eligible inmate and the agencies holding documentation required for the issuance of an identification card, as specified. This bill would authorize the Sheriff's Department of the County of San Diego and the OMV to implement a pilot program based on the above-described provisions to provide eligible incarcerated persons, as defined, a valid identificat ion card or driver's license when they are released from a County of San Diego detention facility. Status: 10/8/2023-Approved by the Governor. Chaptered by Secretary of State -Chapter 472, St atutes of 2023. SB 2 (Portantino) Firearms. (Chaptered: 9/26/2023) Link Current law prohibits a person from carrying a concealed firearm or carrying a loaded firearm in public. Current law authorizes a licensing authority, as specified, if good cause exists for the issuance, and subject to certain other criteria including, among other things, the applicant is of good moral character and has completed a specified co urse of training, to issue a license to carry a concealed handgun or to carry a loaded and exposed handgun, as specified. Under current law, the required course of training for an applicant is no more than 16 hours and covers firearm safety and laws regarding the permissible use of a firearm. This bill wou Id require the licensing authority to issue or renew a license if the applicant is not a disq ualified person for the license and the applicant is at least 21 years of age. The bill would remove the good character and good cause requirements from the issuance criteria. Under the bill, t he applicant would be a disqualified person if they, among other things, are reasonably likely to be a danger to self, others, or the community at large, as specified. This bill would add the requirement that the applicant be the recorded owner, with the Department of Justice, of the pistol, revolver, or other firearm capable of being concealed upon the person. This bill would change the training requirement to be no less than 16 hours in length and would add additional subjects to the course including, among other things, the safe storage and legal transportation of firearms. The bill would require an issuing authority, prior to that issuance, renewal, or amendment to a license, if it has direct access to the designated department system to determine if the applicant is t he recorded owner of the pistol, revolver, or other firearm. Status: 9/26/2023-Approved by the Governor. Chaptered by Secretary of State. Chapter 249, Statutes of 2023. SB 19 (Seyarto) Fentanyl Misuse and Overdose Prevention Task Force. (Chaptered: 10/13/2023) Link Nov. 14,2023 Item #2 Page 63 of 67 Would, upon appropriation by the Legislature, establish the Fentanyl Misuse and Overdose Prevention Task Force to undertake various duties relating to fentanyl misuse including, among others, collecting and organizing data on the nature and extent of fentanyl misuse in California and evaluating approaches to increase public awareness offentanyl misuse. The bill would require the task force to be co-chaired by the Attorney General and the State Public Health Officer or their designees, and would specify the membership of the task force. The bill would require the first meeting of the task force to take place no later than June 1, 2024, and would require the task force to meet at least once every 2 months. The bill would require the task force to submit an interim report on its findings and recommendations to the Attorney General, the Governor, and the Legislature by July 1, 2025, and submit a final report by December 1, 2025. The bill would repeal these provisions on January 1, 2026. Status: 10/13/2023-Approved by the Governor. Chaptered by Secretary of State. Chapter 857, Statutes of 2023. Client Position: Support Notes: 6/13/23: EN tagged as pending support. 6/26/23: EN sent a letter to the City for review. 7 /5/23: EN tagged as support, submitted to Asm Public Safety, emailed delegation and governor's office. 7 /11/23: EN me too'd in Asm PS. 9/19/23: EN emailed request for signature letter to the governor's office. SB 400 (Wahab) Peace officers: confidentiality of records. (Enrollment: 9/7/2023) Link The California Public Records Act generally requires public records to be open for inspection by the public. Current law provides numerous exceptions to this requirement. Under current law, the personnel records of peace officers and custodial officers are confidential and not subject to public inspection. Current law provides certain exemptions to this confidentiality, including the reports, investigations, and findings of certain incidents involving the use of force by a peace officer. This bill would clarify that this confidentiality does not prohibit an agency that formerly employed a peace officer or custodial officer from disclosing the termination for cause of that officer, as specified. Status: 9/13/2023-Action rescinded whereby bill was read third t ime, passed, and ordered to Senate. Ordered to inactive file on request of Assembly Member Bryan. Revenue and Taxation ACA 1 (Aguiar-Curry) Local government financing: affordable housing and public infrastructure: voter approval. (Chaptered: 9/20/2023) Link The California Constitution prohibits the ad valorem tax rate on real property from exceeding 1% of the full cash value of the property, subject to certain exceptions. This measure would create an additional exception to the 1% limit that would authorize a city, county, city and county, or special district to levy an ad valorem tax to service bonded indebtedness incurred to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, including down payment assistance, or permanent supportive housing, or the acquisition or lease of real property for those purposes, if the proposition proposing that tax is approved by 55% of the voters of the city, county, city and county, or special district, as applicable, and the proposition includes specified accountability requirements. The measure would prohibit a city, county, city and county, or special district from placing a proposition on the ballot pursuant to these provisions if the voters have previously approved a proposition pursuant to these provisions or the below special tax provisions until all funds from the previous proposition are committed to programs and projects listed in the specific local program or ordinance, as described. The measure, subject to certain vote thresholds, would authorize the Legislature to enact laws establishing additional accountability measures and laws for the down payment assistance programs authorized by the measure, as specified. Status: 9/20/2023-Chaptered by Secretary of State -Res. Chapter 173, Statutes of 2023. Transportation and Public Works AB 334 (Rubio, Blanca) Public contracts: conflicts of interest. (Chaptered: 9/30/2023) Link Nov. 14,2023 Item #2 Page 64 of 67 Current law prohibits members of the Legislature and state, county, district, judicial district, and city officers or employees from being financially interested in any contract made by them in their official capacity, or by any body or board of which they are members. Current law authorizes the Fair Political Practices Commission to commence an administrative or civil action against persons who violate this prohibition, as prescribed, and includes provisions for the collection of penalties after the time for judicial review of a commission order or decision has lapsed, or if all means of judicial review of the order or decision have been exhausted. Current law identifies certain remote interests in contracts that are not subject to this prohibition and other situations in which an official is not deemed to be financially interested in a contract. Current law makes a willful violation of this prohibition a crime. This bill would establish that an independent contractor, who meets specified requirements, is not an officer for purposes of being subject to the prohibition on being financially interested in a contract. The bill would authorize a public agency to enter into a contract with an independent contractor who is an officer for a later phase of the same project if the independent contractor did not engage in or advise on, as specified, the making of the subsequent contract. This bill would establish that a person who acts in good faith reliance on these provisions is not in violation of the above-described conflict-of-interest prohibitions and would prohibit them from being subject to criminal, civil, or administrative enforcement under those prohibitions if the initial contract includes specified language and the independent contractor is not in breach of those terms. Status: 9/30/2023-Approved by the Governor. Chaptered by Secretary of State -Chapter 263, Statutes of 2023. AB 965 (Carrillo, Juan) Local government: broadband permit applications. (Chaptered: 10/9/2023) Link The Permit Streamlining Act governs the approval process that a city or county is required to follow when approving, among other things, a permit for construction or reconstruction for a development project for a wireless telecommunications facility and a collocation or siting application for a wireless telecommunications facility. This bill, except as specified, would require a local agency to undertake batch broadband permit processing, as defined, upon receiving 2 or more broadband permit applications for substantially similar broadband project sites submitted at the same time by the same applicant, within a presumptively reasonable time, as defined. The bill would define "local agency" for these purposes to mean a city, county, city and county, charter city, special district, or publicly owned utility, other than certain publicly owned electric utilities. If a local agency does not approve those broadband permit applications for substantially similar broadband project sites and issue permits, or reject the applications and notify the applicants, within the presumptively reasonable time or longer period permitted under applicable law, the bill would require that all of those permits be deemed approved. Status: 10/8/2023-Approved by the Governor. Chaptered by Secretary of State -Chapter 553, Statutes of 2023. AB 971 (Lee) Vehicles: transit-only traffic lanes. (Chaptered: 10/10/2023) Link Current law prohibits a person from operating a motor vehicle, or stopping, parking, or leaving a vehicle standing, on a portion of the highway designated for the exclusive use of public transit buses, subject to specified exceptions. Current law also requires a public transit agency, with the agreement of the agency with jurisdiction over the highway, to place and maintain signs and traffic control devices indicating that a portion of a highway is designated for the exclusive use of public transit buses, as specified. This bill would instead make these provisions applicable to transit-only traffic lanes. The bill would define transit-only traffic lanes as any designated transit-only lane on which use is restricted to mass transit vehicles, or other designated vehicles including taxis and vanpools, during posted times. Status: 10/10/2023-Approved by the Governor. Chaptered by Secretary of State -Chapter 672, Statutes of 2023. SB 381 (Min) Electric bicycles: study. (Chaptered: 10/13/2023) Link Existing law defines an electric bicycle to mean a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts, and subjects a person riding an electric bicycle to provisions of law governing the operation of a bicycle. This bill would require the Mineta Transportation Institute at San Jose State University, in consultation with relevant stakeholders, to, on or before January 1, 2026, conduct a study on electric bicycles to inform efforts to improve the safety of users of the transportation system, and to submit a report of the findings from the study to the Legislature. The bill would require the study to examine, Nov. 14, 2023 Item #2 Page 65 of 67 identify, and analyze available information regarding, among other things, data on injuries, crashes, emergency room visits, and deaths related to bicycles and electric bicycles and best practices for policy to promote safe use of electric bicycles. This bill contains other related provisions and other existing laws. Status: 10/13/2023-Approved by the Governor. Chaptered by Secretary of State. Chapter 869, Statutes of 2023. Client Position: Support Notes: 5/8/23 AB: Added tracking form, tagged support and submitted letter to support through the Legislative portal. 5/8/23: EN emailed letter to delegation. 6/6/23: EN submitted to Asm Transportation and emailed delegation and governor's office. 6/23/23: EN resubmitted to Asm Transportation. 9/18/23: EN emailed request for signature letter to governor's office. SB 538 (Portantino) Department of Transportation: Chief Advisor on Bicycling and Active Transportation. (Chaptered: 10/9/2023) Link Current law establishes the Department of Transportation and provides that the Director of Transportation shall perform all duties, exercise all powers and jurisdiction, assume and discharge all responsibilities, and carry out and effect all purposes vested by law in the department, except as otherwise provided by law. This bill would require the director to appoint a Chief Advisor on Bicycling and Active Transportation, to serve as the department's primary advisor on all issues related to bicycle transportation, safety, and infrastructure, as specified. Status: 10/8/2023-Approved by the Governor. Chaptered by Secretary of State. Chapter 617, Statutes of 2023. SB 677 (Blakespear) Intercity rail: LOSSAN Rail Corridor. (Chaptered: 10/7/2023) Link Current law authorizes the Department of Transportation, subject to approval of the Secretary of Transportation, to enter into an interagency transfer agreement under which a joint powers board assumes responsibility for administering the state-funded intercity rail service in a particular corridor, including the LOSSAN Rail Corridor. Current law provides for the allocation of state funds by the secretary to a joint powers board under an interagency transfer agreement based on an annual business plan for the intercity ra il corridor and subsequent appropriation of state funds. Existing law requires the joint powers board to submit the annual business plan to the secretary for review and recommendation by April 1 of each year. Current law requires t he business plan to include, among other things, a report on the performance of the corridor service, an overall operating plan, short-term and long-term capital improvement programs, funding requirements for the upcoming fiscal year, and an action plan with specific performance goals and objectives. This bill would require the LOSSAN Rail Corridor Agency, as part of the annual business plan submitted to the secretary, to include a description of the effects of climate change on the LOSSAN corridor, to identify projects planned to increase climate res iliency on the corridor, and to discuss possible funding options for those identified projects, as specified. To the extent the bill would add to the duties of the LOSSAN Rail Corridor Agency, the bill would impose a stat e- mandated local program. Status: 10/7 /2023-Approved by the Governor. Chaptered by Secretary of State. Chapter 407, Statutes of 2023. SB 706 (Caballero) Public contracts: progressive design-build: local agencies. (Chaptered: 10/8/2023) Link Current law, until January 1, 2029, authorizes local agencies, defined as any city, county, city and county, or special district authorized by law to provide for the production, storage, su pply, treatment, or distribution of any water from any source, t o use the progressive design-build process for up to 15 public works projects in excess of $5,000,000 for each project, similar to the progressive design-build process authorized for use by the Director of General Services. This bill would, until January 1, 2030, provide additional authority for cities, counties, cities and counties, or special districts to use the progressive design-build process for up to 10 public works in excess of $5,000,000, not limited to water-related projects, excluding projects on state-owned or state-operated facilities. The bill would require information to be provided under penalty of perjury and would require similar reports due no later than December 31, 2028. Nov. 14, 2023 Item #2 Page 66 of 67 Status: 10/8/2023-Approved by the Governor. Chaptered by Secretary of State. Chapter 500, Statutes of 2023. Nov. 14, 2023 Item #2 Page 67 of 67