HomeMy WebLinkAbout2021-06-08; City Council Legislative Subcommittee; ; Legislative Update and Advocacy ReportCity of
Carlsbad
City Council Legislative Subcommittee
Meeting Date: June 8, 2021
To: City Council Legislative Subcommittee
From: Jason Haber, Intergovernmental Affairs Director
Item 3: Legislative Update and Advocacy Report
Recommendation: Receive an update on state and federal legislative and budget activity and
recent and ongoing advocacy efforts, and provide feedback to staff. Discuss and determine the
Subcommittee's recommended advocacy positions on high-priority bills.
Discussion:
Staff and the Renne Public Policy Group (RPPG) will present an update and overview of state
legislative activity (Exhibit 1) and the priority legislation being tracked on behalf of the city
(Exhibit 2). The Subcommittee is requested to provide feedback to help city staff and the city's
lobbying consultants focus the city's advocacy efforts on high-priority bills and to identify bills
for future City Council consideration.
Position Letters Submitted to Committees and/or Legislative Offices
•AB 1401 (Friedman)- Opposition (05/07)
•AB 1434 (Friedman)- Opposition (05/07)
•SB 1 (Atkins)- Support (05/07)
•SB 612 (Portantino)- Support (04/05)
•AB 1029 (Mullin)- Support (04/07)
•AB 377 (Rivas, Robert)- Opposition (04/09)
•SB 278 (Leyva)- Opposition (04/09)
•SB 556 (Dodd)- Opposition (04/09)
•5B 54 (Allen)- Support (04/09)
•AB 361 (Rivas, Robert) — Support (06/03)
•AB 718 (Cunningham) — Support (06/03)
•AB 500 (Ward) —Opposition (06/03)
•AB 215 (Chiu) — Opposition (06/03)
On June 3, the city submitted the following advocacy letters:
Exhibit 3 to California State Assemblymember David Chiu in opposition to his AB 215 —
Housing Element: Regional Housing Need: Relative Progress Determination. This bill
would create a new, mid-cycle regional housing needs progress determination process
and mandates cities and counties with "low progress" in meeting those housing targets
City Manager's Office
Intergovernmental Affairs
km ea niald Village Dr. I Carlsbad, CA 920081 760-434-2958 t Item #3 Page 1 of 25
June 8, 2021
Page 2
to consult with the California Department of Housing and Community Development
(HCD) and adopt pro-housing policies.
Exhibit 4 to California State Assemblymember Robert Rivas in support of his AB 361 —
Open Meetings: Local Agencies: Teleconferences. This bill would allow local agencies to
safely meet remotely by teleconference during a declared state of emergency while
ensuring public agency transparency and public access.
Exhibit 5 to California State Assemblymember Chris Ward in opposition to his AB 500 —
Coastal Resources: Housing. This bill would broaden the California Coastal Commission's
authority to include housing policy within the coastal zone.
Exhibit 6 to California State Assemblymember Jordan Cunningham in support of his AB
718 — Peace Officers: Investigations of Misconduct. This bill would ensure that sustained
findings of use of force resulting in death or great bodily injury, sexual assault, discharge
of a firearm, or dishonesty relating to the reporting, investigation, or prosecution of a
crime or misconduct by another peace officer or custodial officer would warrant a
thorough investigation and subsequent disclosure of findings.
Staff are continuing to identify operational needs and policy priorities that might translate into
additional state and federal advocacy initiatives, which will be presented for discussion with
and feedback from the Legislative Subcommittee.
Exhibits:
1.RPPG Legislative Monthly Report — May 2021
2.Priority Legislation List —June 2021
3.AB 215 (Chiu) — Letter of Opposition
4.AB 361 (Rivas) — Letter of Support
5.AB 500 (Ward) — Letter of Opposition
6.AB 718 (Cunningham) — Letter of Support
June 8, 2021 Item #3 Page 2 of 25
RPPG
Rerire Public Policy Group
V.MrheAmAs.\,,ouCnup•
Exhibit 1
kr • .._City of
Carlsbad
June 2, 2021
To: Mayor Matt Hall, Legislative Subcommittee Member
Councilmember Teresa Acosta, Legislative Subcommittee Member
Jason Haber, Intergovernmental Affairs Director
City of Carlsbad
From: Sharon Gonsalves
Director, Government Affairs
Renne Public Policy Group
Re: Legislative Monthly Report — May 2021
The month of May was quiet for policy committees, however appropriations and budget
subcommittees in both houses met often for several very lengthy hearings.
When a bill has a cost above a certain threshold, $150,000 for the Assembly and $50,000 for the
Senate, those bills are placed on the suspense file for further analysis. Appropriations suspense
files were created for financial responsibility by requiring the legislature to not only analyze the
cost of legislation but to also prioritize where investments should be made.
The day prior to the Appropriations suspense hearings, lawmakers were advised by leadership in
both houses that bill limitations would be put in place and they would need to assess their
legislative bill packages and limit it to 12 bills. By doing so they will cut approximately 1,000
legislative bill proposals. This limitation will place significance on high priority policies such as
streamlining and increasing housing production, the expansion of broadband, police
accountability, and recovery from the COVID-19 pandemic.
UPCOMING LEGISLATIVE DEADLINES
June 1-4 — Floor Session Only
June 4 — Last day for bills to pass out of house of origin
June 15 — Legislature must pass budget by midnight
July 16—August 16 - Legislative Summer Recess
September 10 — Last day for any bill to be passed and sent to Governor's desk
October 10 — Last day for Governor to sign or veto pending legislation
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BUDGET
The week prior to the announcement of his May Revise, Governor Newsom spent each day
highlighting several priorities and key investments. On May 14, Governor Newsome submitted
to the legislature for consideration his full May Revise, which is based on updated budgetary
projections. The $267.8 billion revised proposal is approximately $40 billion higher than the one
proposed in January. The surplus is driven by robust personal income, corporations, and capital
gains tax revenues. Despite the pandemic, state sales tax revenues have remained strong.
Key investments from the Governor's May Revise include:
•Expansion of the Golden State Stimulus
•$12 billion to tackle homelessness
•Expansion of small business grants and incentives
•$5.1 billion in drought support
•$7 billion in broadband deployment
•$11 billion in transportation systems
•$20 billion in public education
On June 1, legislative leadership and the chairs of both budget committees announced an early
budget agreement that is a compilation of the Governor's May Revise, the Senate's Build Back
Boldly budget plan, and the Assembly's "Budget for Opportunity" blueprint. The budget plan
announced by top Democratic lawmakers is slightly smaller than the Governor's $267.8 billion
proposal because it would launch fewer new social programs.
Although, lawmakers agree with most of the Governor's proposals to spend billions of dollars to
alleviate homelessness, mostly by buying hotels and motels, they differ on the timing. The
Legislature proposes spending $8.5 billion in new funding over two years, compared with the
governor's $6.8 billion in the next year alone. The legislature's proposal also includes $1 billion
in ongoing support for local governments to address homelessness. This is the first ongoing
commitment made by the state but will be tied to strong oversight and accountability to ensure
the funds are put to work to successfully alleviate homelessness. Newsom did not include such
ongoing, flexible funding for local governments in his budget.
Although silent on the eviction moratorium, the Governor proposed increasing the rent relief
reimbursement from 80% to 100%, which would no longer require landlord participation in rent
relief. The proposal requires legislative approval, as will budget trailer bills to extend the eviction
moratorium, which ends on June 30. The existing process for rent relief is extremely
cumbersome and the legislature has been vocal about changes needing to be made to the
existing program in order to get that relief to people in a more streamlined fashion.
The budget is constitutionally required to be passed by June 15 of every year.
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CLEAN ENERGY
Governor Newsom joined Secretary of the Interior Deb Haaland, White House National Climate
Advisor Gina McCarthy and Under Secretary of Defense for Policy Dr. Colin Kahl to announce an
agreement that opens up the West Coast for offshore wind development that could help achieve
the state's clean energy goals, bolster renewable energy sources and create new jobs and
investments in California.
As part of the agreement, the Department of the Interior's Bureau of Ocean Energy Management
(BOEM) plans to offer a lease sale as early as 2022 within a 399-square-mile area of the Central
Coast northwest of Morro Bay and a separate area on the North Coast. The areas were identified
cooperatively by the Departments of the Interior and Defense and the State of California.
As part of the California Comeback Plan, Governor Newsom has proposed $20 million in funding
to support California's offshore wind capacity, including:
•$11 million to support the Port of Humboldt to apply for federal funding for
upgrades that will enable it to support offshore wind deployment.
•$6.5 million supporting staff at the California Coastal Commission and California
Department of Fish and Wildlife for accelerated environmental review and front-
loaded environmental analysis where feasible. $2.1 million for environmental
studies on offshore wind impacts.
•$1.5 million for an engineering and design-build study for a North Coast offshore
wind project, to maximize its value in providing regional decarbonization and
resilience.
•$700,000 for outreach to ports, Tribes, labor, coastal communities and more.
COVID-19 RESPONSE
Governor Newsom plans to "reopen" the State on June 15, where businesses can open their
doors without constraints on capacity or requirements for physical distancing. A few notable
exceptions include:
•It is a recommendation that outdoor live events with more than 10,000 people, have
a verification of vaccination/negative test in place. Those who are not vaccinated or
who don't show a negative test result can still enter if they wear a mask.
•Indoor venues with 5,000 or more people should implement a similar verification.
However, at these indoor events, non-vaccinated people who don't show a negative
COVID-19 test result shouldn't enter, the state says. This is a requirement, not a
recommendation.
The June 15th date pertains to the existing tier system that determines at what capacity level
localities can operate in. June 15 does not mean the executive order declaring a state of
emergency due to the pandemic will be lifted. Not only does the executive order make the state
eligible for federal funding, but also allows for public meetings to be conducted remotely.
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June 8, 2021 Item #3 Page 5 of 25
The state estimates about 70% of Californians 12 and older have been vaccinated. After reaching
a peak of vaccinating three million people a week, California has seen its pace slow. In response,
on May 27 the Governor announced "Vox for the Win" an incentive program designed to
motivate Californians to get vaccinated. Ten Californians who got at least one dose will split a
$15 million pot on June 15. Vaccinated Californians will also be automatically entered for chances
to win $50,000, with 15 winners drawn June 4 and the rest drawn June 11.
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Priority Legislation List June 2021
(City of
Carlsbad
California
Housing and Land Use
RPPG
Renre Public Po:icy Group
Exhibit 2
SB 6 (Caballero) Local Planning: Housing: Commercial Zones (As amended 04/12)
This bill would deem a housing development project, as defined, an allowable use on a neighborhood lot,
which is defined as a parcel within an office or retail commercial zone that is not adjacent to an industrial
use. The bill would require the density for a housing development under these provisions to meet or
exceed the density deemed appropriate to accommodate housing for lower income households according
to the type of local jurisdiction, including a density of at least 20 units per acre for a suburban jurisdiction.
Status: Ordered to the Assembly. In Assembly. Read first time. Held at Desk.
Client Position: Watch
SB 8 (Skinner) Housing Crisis Act of 2019 (As amended 06/01)
This bill would clarify, for various purposes of the Housing Crisis Act of 2019, that "housing
development project" includes projects that involve no discretionary approvals, projects that involve
both discretionary and nondiscretionary approvals, and projects that include a proposal to construct
a single dwelling unit. The bill would specify that this clarification is declaratory of existing law.
Status: From committee with author's amendments. Read second time and amended. Re-referred to
Assembly committee on H. & C.D. Set for hearing in Assembly H. & C.D. on June 22.
Client Position: Oppose
SB 9 (Atkins) Housing Development: Local Approvals (As amended 04/27)
This bill, among other things, would require a proposed housing development containing no more
than 2 residential units within a single-family residential zone to be considered ministerially, without
discretionary review or hearing, if the proposed housing development meets certain requirements,
including, but not limited to, that the proposed housing development would not require demolition
or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents
to levels affordable to persons and families of moderate, low, or very low income, that the proposed
housing development does not allow for the demolition of more than 25% of the existing exterior
structural walls, except as provided, and that the development is not located within a historic district,
is not included on the State Historic Resources Inventory, or is not within a site that is legally
designated or listed as a city or county landmark or historic property or district.
Status: Referred to Coms. on L. GOV. and H. & C.D. Set for hearing in Assembly Local Gov. on June 9.
Client Position: Watch — Request amendment
SB 10 (Wiener) Planning and Zoning: Housing Development Density (As amended 05/26)
Updated on June 04, )0)1. RI-NNI7 PUI3L:C POLICY GROUP' 1oo Strect, Suite 200-231, Sacran-.en o,.Ca, 95814
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Would, notwithstanding any local restrictions on adopting zoning ordinances, authorize a local
government to adopt an ordinance to zone any parcel for up to 10 units of residential density per
parcel, at a height specified in the ordinance, if the parcel is located in a transit-rich area or an urban
infill site, as those terms are defined. The bill would specify that an ordinance adopted under these
provisions, and any resolution to amend the jurisdiction's General Plan, ordinance, or other local
regulation adopted to be consistent with that ordinance, is not a project for purposes of the California
Environmental Quality Act. Provides that any covenant, restriction, or condition contained in any
instrument affecting the transfer or sale of any interest in a planned development, and any provision
of a governing document is void and unenforceable if it unreasonable restricts a use or density
authorized by an ordinance authorized by this bill. Includes a sunset of January 1, 2029.
Status: Ordered to the Assembly. In Assembly. Read first time. Held at Desk.
Client Position: Watch
SB 15 (Portantino) Housing Development Incentives: Rezoning of Idle Retail Sites (As amended
05/20)
Current law establishes, among other housing programs, the Workforce Housing Reward Program,
which requires the Department of Housing and Community Development to make local assistance
grants to cities, counties, and cities and counties that provide land use approval to housing
developments that are affordable to very low and low-income households. This bill, upon
appropriation by the Legislature in the Budget Act or other act, would require the department to
administer a program to provide incentives in the form of grants allocated as provided to local
governments that rezone idle sites used for a big box retailer or a commercial shopping center to
instead allow the development of housing, as defined.
Status: In Assembly. Read first time. Held at Desk.
RPPG Recommended Position: Support
AB 1322 (Rivas, Robert) Land Use: Local Measures: Conflicts (As amended 05/041
This bill, among other things, would authorize a governing body, defined as a city council or board of
supervisors, to commence proceedings pursuant to specified provisions, to determine whether a local
measure, defined as any provision of the charter, general plan, or ordinances of the city, county, or
city and county that has been approved by the electorate, is in conflict with any of the specified state
laws regarding housing. The bill would provide that the governing body cannot be compelled to
undertake those proceedings.
Status: Referred to Senate Committees on GOV. & F., JUD. and Housing.
Client Position: Watch
AB 1401 (Friedman) Residential and Commercial Development: Parking Requirements (As
amended 04/19)
This bill would prohibit a local government from imposing a minimum automobile parking
requirement, or enforcing a minimum automobile parking requirement, on residential, commercial,
or other development if the development is located on a parcel that is within one-half mile walking
distance of public transit, as defined. The bill would not preclude a local government from imposing
requirements when a project provides parking voluntarily to require spaces for car share vehicles.
The bill would prohibit these provisions from reducing, eliminating, or precluding the enforcement of
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any requirement imposed on a new multifamily or nonresidential development to provide electric
vehicle parking spaces or parking spaces that are accessible to persons with disabilities, as specified.
Status: In Senate. Read first time. To Corn. on RLS. for assignment.
Client Position: Oppose (Letter submitted 05/07/2021)
AB 1029 (Mullin) Housing Elements: Prohousing Local Polices
This measure would add the preservation of affordable housing units through the extension of
existing project-based rental assistance covenants to avoid the displacement of affected tenants and
a reduction in available affordable housing units to the list of specified Prohousing local policies.
Status: In Senate. Read first time. To Corn. on RLS. for assignment.
Client Position: Support (Letter Submitted 4/7/2021)
AB 500 (Ward) Local Planning: Permitting: Coastal Development (As amended 04/19)
Current law specifies various development standards with respect to development within the coastal
zone and requires that lower cost visitor and recreational facilities be protected, encouraged, and,
where feasible, provided. This bill would additionally require that housing opportunities for persons
of low and moderate income be protected, encouraged, and provided under those provisions. The
bill would also require that new development in nonhazardous areas preserve and enhance the
supply of higher density residential, multifamily residential, and mixed-use development in areas with
adequate public transit.
Status: In Senate. Read first time. To Corn. on RLS. for assignment.
Client Position: Oppose (Position letter submitted on 06/03)
AB 215 (Chiu) Housing Element: Relative Progress Determination (As amended 04/05)
The Planning and Zoning Law requires a city or county to adopt a general plan for land use
development within its boundaries that includes, among other things, a housing element. That law
requires the Department of Housing and Community Development to determine whether the
housing element is in substantial compliance with specified provisions of that law. This bill, starting
with the 6th housing element revision, would require the department to determine the relative
progress toward meeting regional housing needs of each jurisdiction, council of governments, and
subregion, as specified. The bill would require the department to make this determination based on
the information contained in the annual reports submitted by each jurisdiction, as specified.
Status: In Senate. Read first time. To Corn. on RLS. for assignment.
Client Position: Oppose (Position letter submitted on 06/03)
Homelessness
AB 71 (Rivas, Luz) Bring California Home Act (As amended 05/24)
The Personal Income Tax Law, in conformity with federal income tax law, generally defines gross
income as income from whatever source derived, except as specifically excluded, and provides
various exclusions from gross income. Current federal law, for purposes of determining a taxpayer's
gross income for federal income taxation, requires that a person who is a United States shareholder
of any controlled foreign corporation to include in their gross income the global intangible low-taxed
income for that taxable year, as provided. This bill, for taxable years beginning on or after January 1,
2022, would include a taxpayer's global intangible low-taxed income in their gross income for
Updated on Ji..re 0/1, 2021. RENNE PUBL:C POLICY GROL)131 On 111h Street, SUlte 200-231, Sacramento, Ca, 95814
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purposes of the Personal Income Tax Law, in modified conformity with the above-described federal
provisions.
Status: Ordered to inactive file at the request of Assembly Member Luz Rivas. (Two-Year Bill)
RPPG Recommended /Client Position: Consult with Client — Revisit June 2021
AB 816 (Chiu) State and Local Agencies. Homelessness Plan (As amended 05/04)
This measure would, on or before January 1, 2023, require each local agency to submit to HCD an
actionable county-level plan for meeting specific annual benchmarks, with the goal of reducing
homelessness by 90% by 2029. Additionally, this measure would allow the Inspector General to bring
an action against the state, a local agency, or a city to compel compliance with the homelessness
action plan.
Status: In Senate. Read first time. To Corn. on RLS. for assignment.
Client Position: Oppose
SB 344 (Hertzberg) Homeless Shelter Grants. Pets and Veterinary Services. (As amended 05/25)
This bill would require the Department of Housing and Community Development subject to an
appropriation in the annual Budget Act, to develop and administer a program to award grants to
qualified homeless shelters, as described, for the provision of shelter, food, and basic veterinary
services for pets owned by people experiencing homelessness. The bill would authorize the
department to use up to 5% of the funds appropriated in the annual Budget Act for those purposes
for its costs in administering the program.
Status: Ordered to the Assembly. In Assembly. Read first time. Held at Desk.
Client Position: Support
COVID-19 Relief
AB 255 (Muratsuchi) COVID-19 Emergency Small Business Eviction and Rent Relief Act. (As
Amended 06/011
This bill, the COVID-19 Emergency Small Business Eviction Relief Act, would, until July 1, 2025, require a
landlord, who receives a statement signed by a commercial tenant, as defined, and supported by
documentary evidence that evidences that the tenant requests emergency rent relief because the
business of the commercial tenant has experienced a decrease in average monthly gross revenue of at
least 50%, which is reasonably attributable to public health regulations adopted to address the COVID-
19 pandemic, during the qualifying time period, as defined, as compared with the 12 months
immediately preceding the qualifying time period, to conduct a good faith negotiation to form a plan to
allow the commercial tenant a reasonable opportunity to repay COVID-19 lease debt while minimizing
the hardship to the landlord. Urgency clause has been removed and now requires a majority vote.
Status: Ordered to inactive file at the request of Assembly Member Muratsuchi. (Two-Year Bill)
Client Position: Watch
Transportation
SB 640 (Becker) Transportation Financing: Jointly Proposed Projects (As amended 05/20)
Current law provides for the deposit of various funds, including revenues from certain increases in
fuel taxes and vehicle fees, for the program into the Road Maintenance and Rehabilitation Account.
After certain allocations for the program are made, existing law requires the remaining funds
Updated on June 04, 2021. RENNE PUBLIC POLIC.Y CROU PI lion li'h St-eet, Suite 200-231, Sacr2monto, Ca, 95814
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available for the program to be continuously appropriated 50% for allocation to the department for
maintenance of the state highway system or for the State Highway Operation and Protection Program
and 50% for apportionment to cities and counties by the Controller pursuant to a specified formula.
Current law requires a city or county to submit to the California Transportation Commission a list of
proposed projects, as specified, to be eligible for an apportionment of those funds. This bill would
authorize cities and counties to propose projects to be jointly funded by the cities and counties'
apportionments of those funds, as specified.
Status: In Assembly. Read first time. Held at Desk.
RPPG Recommended Position: Watch
Brown Act/Public Records Act/ Employee Relations
SB 278 (Leyva) Disallowed Compensation (As amended 03/23)
This bill would establish new procedures under PERL for cases in which PERS determines that the
benefits of a member or annuitant are, or would be, based on disallowed compensation that conflicts
with PEPRA and other specified laws and thus impermissible under PERL. The bill would also apply
these procedures retroactively to determinations made on or after January 1, 2017, if an appeal has
been filed and the employee member, survivor, or beneficiary has not exhausted their administrative
or legal remedies. At the threshold, after determining that compensation for an employee member
reported by the state, school employer, or a contracting agency is disallowed, the bill would require
the applicable employer to discontinue the reporting of the disallowed compensation.
Status: In Assembly. Read first time. Held at Desk.
Client Position: Oppose (Letter submitted on 04/09/2021)
AB 361 (Rivas, Robert) Open meetings: local agencies: teleconferences (As amended 05/10)
This bill Would authorize a local agency to use teleconferencing without complying with the
teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local
agency holds a meeting for the purpose of declaring or ratifying a local emergency, during a declared
state of emergency or local emergency, as those terms are defined, when state or local health officials
have imposed or recommended measures to promote social distancing, and during a declared local
emergency provided the legislative body determines, by majority vote, that meeting in person would
present imminent risks to the health or safety of attendees.
Status: Referred to Senate committees on GOV. & F. and JUD.
Client Position: Support (Position letter submitted on 06/03)
Public Safet
AB 48 (Gonzalez) Law Enforcement: Kinetic Energy Projectiles and Chemical Agents (As amended
03/16)
This bill would prohibit the use of kinetic energy projectiles or chemical agents by any law
enforcement agency to disperse any assembly, protest, or demonstration, except in compliance with
specified standards set by the bill, and would prohibit their use solely due to a violation of an imposed
curfew, verbal threat, or noncompliance with a law enforcement directive. The bill would include in
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the standards for the use of kinetic energy projectiles and chemical agents to disperse gatherings the
requirement that, among other things, those weapons only be used to defend against a threat to life
or serious bodily injury to any individual, including a peace officer.
Status: In Senate. Read first time. To Corn. on RLS. for assignment.
RPPG Recommended /Client Position: Watch
AB 89 (Jones-Sawyer) Peace Officers: Minimum Qualifications (As amended 02/17)
Current law requires peace officers in this state to meet specified minimum standards, including age
and education requirements. This bill would increase the minimum qualifying age from 18 to 25 years
of age. This bill would permit an individual under 25 years of age to qualify for employment as a peace
officer if the individual has a bachelor's or advanced degree from an accredited college or university.
The bill would specify that these requirements do not apply to individuals 18 to 24 years of age who
are already employed as a peace officer as of the effective date of this act. The bill would provide
legislative findings in support of the measure.
Status: Read third time. Passed. Ordered to the Senate.
RPPG Recommend/ Client Position: Watch
AB 329 Bonta Bail
This bill would require bail to be set at $0 for all offenses except, among others, serious or violent
felonies, violations of specified protective orders, battery against a spouse, sex offenses, and driving
under the influence. The bill would require the Judicial Council to prepare, adopt, and annually revise
a bail schedule for the exempt offenses.
Status: Two-year bill.
Client Position: Watch
AB 718 (Cunningham) Peace Officers. Investigations of Misconduct
This bill requires a law enforcement agency or oversight agency to complete its investigation of an
officer despite the peace officer's voluntary separation form the employing agency.
Status: Referred to Senate committee on PUB. S. Set for hearing on June 15.
Client Position: Support (Position letter submitted on 06/03)
AB 582 (Patterson) Vehicle accidents: fleeing the scene of an accident
This bill would make a driver of a vehicle involved in an accident, who fails to immediately stop, as
required, at the scene of an accident that resulted in a permanent, serious injury subject to
punishment by imprisonment in the state prison for 2, 3, or 4 years, or in a county jail for not less
than 90 days nor more than one year, and a specified fine, and if the accident resulted in death, the
violation of those requirements would be punishable by imprisonment in the state prison for 3, 4, or
6 years, or in a county jail for not less than 90 days nor more than one year, and a specified fine.
Status: Two-Year bill.
RPPG Recommended/Client Position: Support
SB 2 (Bradford) Peace Officers: Certification: Civil Rights (As amended 05/20)
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This measure would provide that a threat, intimidation, or coercion under the Tom Bane Civil Rights
Act may be inherent in any interference with a civil right and would describe intentional acts for these
purposes as an act in which the person acted with general intent or a conscious objective to engage
in particular conduct. The bill would eliminate certain immunity provisions for peace officers and
custodial officers, or public entities employing peace officers or custodial officers sued under the act.
Status: Referred to Assembly committees on PUB. S. and JUD.
Client Position: Watch
SB 16 (Skinner) Peace Officers: Release of Records (As amended 05/20)
This bill would make every incident involving force that is unreasonable or excessive, and any
sustained finding that an officer failed to intervene against another officer using unreasonable or
excessive force, subject to disclosure. The bill would require records relating to sustained findings of
unlawful arrests and unlawful searches to be subject to disclosure. The bill would also require the
disclosure of records relating to an incident in which a sustained finding was made by any law
enforcement agency or oversight agency that a peace officer or custodial officer engaged in conduct
involving prejudice or discrimination on the basis of specified protected classes. The bill would make
the limitations on delay of disclosure inapplicable until January 1, 2023, for the described records
relating to incidents that occurred before January 1, 2022.
Status: Ordered to the Assembly. In Assembly. Read first time. Held at Desk.
Client Position: Oppose
SB 387 (Portantino) Peace Offices: Certification, Education, and Recruitment (As amended 05/20)
This bill would require the commission to work with stakeholders from law enforcement, the
University of California, the California State University, the California Community Colleges, and
community organizations to develop a list of courses to include as requirements for obtaining a basic
certificate, as specified. The bill would require an applicant for a basic certificate to complete those
courses before obtaining the certificate.
Status: )rdered to Senate inactive file on request of Senator Portantino. (Two-Year Bill)
RPPG Recommended / Client Position: Support
Environmental Quality and Wildfire
SB 1 (Atkins) Coastal Resources: Sea Level Rise (As amended 03/23)
This bill would require the California Coastal Commission to also include, as part of the procedures to
adopt, recommendations and guidelines for the identification, assessment, minimization, and
mitigation of sea level rise within each local coastal program, as provided. The bill would delete the
current 90 day timeframe specified in current law by which the commission is required to adopt these
procedures.
Status: Referred to Assembly committee on NAT. RES.
Client Position: Support (Letter submitted 05/07/2021)
SB 52 (Dodd) State of emergency: local emergency: sudden and severe energy shortage: planned
power outage (As amended 04/12)
This measure would expand the definition of "sudden and severe energy shortage" to include a
"deenergization event," defined as a planned power outage, as specified, and would make a
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deenergization event one of those conditions constituting a state of emergency and a local
emergency.
Status: Referred to Assembly Emergency Management committee.
Client Position: Watch
SB 54 (Allen) Plastic Pollution Producer Responsibility Act (As amended 02/25)
This bill would establish the Plastic Pollution Producer Responsibility Act, which would prohibit
producers of single-use, disposable packaging or single-use, disposable food service ware products
from offering for sale, selling, distributing, or importing in or into the state such packaging or products
that are manufactured on or after January 1, 2032, unless they are recyclable or compostable.
Status: Ordered to Senate inactive file on request of Senator Allen. (Two-Year Bill)
Client Position: Support (Letter submitted 04/09/2021)
SB 617 (Wiener) Residential Solar Energy Systems: Permitting (As amended 05/04)
This measure would require every city and county to implement an online, automated permitting
platform that verifies code compliance and instantaneously issues permits for a solar energy system
that is no larger than 38.4 kilowatts alternating current nameplate rating and an energy storage
system paired with a solar energy system that is no larger than 38.4 kilowatts alternating current
nameplate rating, as specified. The bill would require a city or county to amend a certain ordinance
to authorize a residential solar energy system and an energy storage system to use the online,
automated permitting platform. The bill would prescribe a compliance schedule for satisfying these
requirements, which would exempt a county with a population of less than 150,000 and all cities
within a county with a population of less than 150,000.
Status: Two-Year bill.
RPPG Recommended / Client Position: Consult with Client
Utilities and Public Works
AB 377 (Rivas, Robert) Water Quality: Impaired Waters (Amended 04/13)
This measure would require, by January 1, 2023, the State Water Resources Control Board and
regional boards to prioritize enforcement of all water quality standard violations that are causing or
contributing to an exceedance of a water quality standard in a surface water of the state. The bill
would require the state board and regional boards, by January 1, 2025, to evaluate impaired state
surface waters and report to the Legislature a plan to bring all water segments into attainment by
January 1, 2050. The bill would require the state board and regional boards to update the report with
a progress summary to the Legislature every 5 years. The bill would create the Waterway Recovery
Account in the Waste Discharge Permit Fund and would make moneys in the Waterway Recovery
Account available for the state board to expend, upon appropriation by the Legislature, to bring
impaired water segments into attainment in accordance with the plan.
Status: Two-Year Bill.
Client Position: Oppose (Letter submitted on 04/09/2021)
AB 1434 (Friedman) Urban Water Use Objective: Indoor Water Use (As amended 04/19)
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This bill would establish, beginning January 1, 2023, until January 1, 2025, the standard for indoor
residential water use as 48 gallons per capita daily. The bill would establish, beginning January 1,
2025, the standard as 44 gallons per capita daily and, beginning January 1, 2030, 40 gallons per capita
daily.
Status: Two-Year bill.
Client Position: Oppose (Letter Submitted 05/07/2021)
SB 222 (Dodd) Water Rate Assistance Program (As Amended 05/20)
This bill would establish the Water Rate Assistance Fund in the State Treasury to help provide water
affordability assistance, for both drinking water and wastewater services, to low-income ratepayers
and ratepayers experiencing economic hardship in California. The bill would require the Department
of Community Services and Development to develop and administer the Water Rate Assistance
Program established by the bill.
Status: In Assembly. Read first time. Held at Desk.
Client Position: Watch
SB 323 (Caballero) Local Government. Water or Sewer Service. Legal Actions (As amended 03/17)
Current law prohibits a local agency from imposing fees for specified purposes, including fees for
water or sewer connections, as defined, that exceed the estimated reasonable cost of providing the
service for which the fee is charged, unless voter approval is obtained. Current law provides that a
local agency levying a new a water or sewer connection fee or increasing a fee must do so by
ordinance or resolution. Current law requires, for specified fees, including water or sewer connection
fees, any judicial action or proceeding to attack, review, set aside, void, or annul an ordinance,
resolution, or motion adopting a new fee or service charge or modifying an existing fee or service
charge to be commenced within 120 days of the effective date of the ordinance, resolution, or motion
according to specified procedures for validation proceedings. This bill would apply the same judicial
action procedure and timelines, as stated above, to ordinances, resolutions, or motions adopting,
modifying, or amending water or sewer service fees or charges adopted after Ja nuary 1, 2022, except
as provided.
Status: Referred to Assembly committees on L. GOV. and JUD. Set for hearing in Assembly Local Gov.
on June 9.
RPPG Recommended / Client Position: Consult with Client/Support
SB 378 (Gonzalez) Local government: broadband infrastructure development project permit
processing: micro trenching permit processing ordinance (As amended 05/04)
This measure would require a local agency to allow, except as provided, microtrenching for the
installation of underground fiber if the installation in the microtrench is limited to fiber. The bill would
also require, to the extent necessary, a local agency with jurisdiction to approve excavations to adopt
or amend existing ordinances, codes, or construction rules to allow for microtrenching. The bill would
provide that these provisions do not supersede, nullify, or otherwise alter the requirements to
comply with specified safety standards.
Updated on June 04, )0A. RI- NN'r_ PU BL IC POL:CY CROUP' 1100 11:7 Street, Suite 200-231, SRCI2Mell(0, C.a, 95814
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Status: Referred to Assembly committee on L. GOV. and C. & C. Set for hearing in Asm. Local Gov. on
06/09.
RPPG Recommended / Client Position: Consult with Client
SB 556 (Dodd) Street light poles, traffic signal poles, utility poles, and support structures:
attachments (As amended 05/04)
This measure would prohibit a local government or local publicly owned electric utility from
unreasonably denying the leasing or licensing of its street light poles or traffic signal poles to
communications service providers for the purpose of placing small wireless facilities on those poles.
The bill would require that street light poles and traffic signal poles be made available for the
placement of small wireless facilities under fair, reasonable, and nondiscriminatory fees, as provided.
The bill would authorize a local government or local publicly owned electric utility to condition access
to its street light poles or traffic signal poles on reasonable terms and conditions, including reasonable
aesthetic and safety standards. The bill would specify time periods for various actions relative to
requests for placement of a small wireless facility by a communications service provider on a street
light pole or traffic signal pole.
Status: Referred to Assembly committee on L. GOV. and C. & C. Set for hearing in Asm. Local Gov. on
06/09.
Client Position: Oppose (Letter submitted on 04/09/2021)
SB 612 (Portantino) Ratepayer Equity: allocation of legacy resources (As amended 05/20)
This bill would require an electrical corporation, by July 1, 2022, and not less than once every 3 years
thereafter, to offer an allocation of certain electrical resources to its bundled customers and to other
load-serving entities, including electric service providers and community choice aggregators, that
serve departing load customers who bear cost responsibility for those resources. The bill would
authorize a load-serving entity within the service territory of the electrical corporation to elect to
receive all or a portion of the vintaged proportional share of those legacy resources allocated to its
end-use customers and, if it so elects, would require it to pay to the electrical corporation the
commission-established market price benchmark for the vintage proportional share of the resources
received.
Status: In Assembly. Read first time. Held at Desk.
Client Position: Support (Letter submitted 4/5/2021)
Miscellaneous Bond and Financing Measures
ACA 1 (Aguiar-Curry) Affordable Housing and Public Infrastructure Voter Approval
This Constitutional Amendment 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, 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, or city and county.
Status: Referred to Assembly committees on L. GOV. and APPR. (Two-Year Bill)
Client Position: Watch
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AB 411 (Irwin) Veterans Housing and Homeless Prevention Bond Act of 2022. (As amended 03/01)
This measure would enact the Veterans Housing and Homeless Prevention Bond Act of 2022 to
authorize the issuance of bonds in an amount not to exceed $600,000,000 to provide additional
funding for the VHHPA. The bill would provide for the handling and disposition of the funds in the
same manner as the 2014 bond act.
Status: Two-Year Bill.
RPPG Recommended / Client Position: Watch
AB 1500 (E. Garcia) Safe Drinking Water, Wildfire Prevention, Drought Preparation, Flood
Protection, Extreme Heat Mitigation, and Workforce Development Bond Act of 2022. (As amended
05/11)
This measure would enact the Safe Drinking Water, Wildfire Prevention, Drought Preparation, Flood
Protection, Extreme Heat Mitigation, and Workforce Development Bond Act of 2022, which, if
approved by the voters, would authorize the issuance of bonds in the amount of $7,080,000,000
pursuant to the State General Obligation Bond Law to finance projects for safe drinking water, wildfire
prevention, drought preparation, flood protection, extreme heat mitigation, and workforce
development programs.
Status: Re-referred to Assembly committee on RLS. (Two-Year Bill)
RPPG Recommended / Client Position: Support
SB 5 (Atkins) Affordable Housing Bond (As amended 03/10)
This measure would enact the Affordable Housing Bond Act of 2022, which, if adopted, would
authorize the issuance of bonds in the amount of $6,500,000,000 pursuant to the State General
Obligation Bond Law. Proceeds from the sale of these bonds would be used to fund affordable rental
housing and homeownership programs. The bill would state the intent of the Legislature to
determine the allocation of those funds to specific programs. This bill would provide for submission
of the bond act to the voters at the November 8, 2022, statewide general election in accordance with
specified law.
Status: Re-referred to Sen. Committees on Housing & Gov. & F. (Two-Year Bill)
RPPG Recommended / Client Position: Support
SB 45 (Portantino) Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood
Protection Bond Act. (As amended 04/08)
This measure would enact the Wildfire Prevention, Safe Drinking Water, Drought Preparation, and
Flood Protection Bond Act of 2022, which, if approved by the voters, would authorize the issuance of
bonds in the amount of $5,595,000,000 pursuant to the State General Obligation Bond Law to finance
projects for a wildfire prevention, safe drinking water, drought preparation, and flood protection
program.
Status: Ordered to inactive file on request of Senator Portantino. (Two Year Bill)
RPPG Recommended / Client Position: Support
Full Bill Text to any measure can be
found by going to the State's legislative
Information website: That can be
accessed by Clicking HERE
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June 8. 2021 Item #3 Page 17 of 25
Exhibit 3
(City of
Carlsbad
June 2, 2021
The Honorable David Chiu
California State Assembly
State Capitol Building, Room 4112
Sacramento, CA 95814
RE: AB 215 (Chiu) Housing Element: Regional Housing Need: Relative Progress Determination
Notice of OPPOSITION (As Amended 04/05/21)
Dear Assemblymember Chiu,
The City of Carlsbad must respectfully oppose AB 215 (Chiu), which creates a new, mid-cycle regional
housing needs progress determination process and mandates cities and counties with "low progress"
in meeting those housing targets to consult with the California Department of Housing and Community
Development (HCD) and adopt pro-housing policies.
The 2019 Budget Act included language declaring it was the state's intent to incentivize jurisdictions to
create "prohousing" environments at the local level through the form of additional points when
applying for competitive housing and infrastructure grant programs. Specifically, the language directed
HCD to promulgate emergency regulations no later than July 1, 2021 to establish a prohousing
designation program that determines whether a city or county has enacted local policies and strategies
to accelerate housing development.
AB 215 turns what was intended only two-years ago to be an incentive program into a mandatory
requirement for cities and counties to adopt state supported policies and strategies regardless of
whether those policies and strategies would result in increased housing development in a given
community, whether those policies and strategies are appropriate for the type of community (e.g.
urban, suburban, rural), and whether those policies and strategies are supported by the community.
In cases where lack of housing construction is related to a jurisdiction failing to meet its housing element
obligations, several recent changes in the law have given the State new enforcement tools. HCD can
review any action or failure to act by a jurisdiction that is inconsistent with the jurisdiction's adopted
housing element, including a failure to implement its housing element programs; revoke the
Department's prior findings that a jurisdiction's housing element is compliant; and refer a non-
compliant jurisdiction to the Attorney General. Rather than create a new mid-cycle housing element
review process the State should remain focused on using the tools in existing law to promote housing
element adoption and implementation.
City of Carlsbad City Council
City Hall 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 t
June 8, 2021 Item #3 Page 18 of 25
The City of Carlsbad continues to be committed to aiding the state in meeting its housing goals.
However, we cannot support the transition of an incentive-based approach to a mandatory HCD
program. For these reasons, the City of Carlsbad opposes AB 215. Should you have any questions please
contact our legislative advocate, Sharon Gonsalves, with the Renne Public Policy Group, at (916) 974-
9270.
Sincerely,
ligriaef
Matt Hall
Mayor
City of Carlsbad
CC: Assemblymember Tasha Boerner Horvath
Senator Pat Bates
Members of the Carlsbad City Council
June 8, 2021 Item #3 Page 19 of 25
Exhibit 4
CCity of
Carlsbad
June 2, 2021
The Honorable Robert Rivas
California State Assembly
State Capitol Building, Room 5158
Sacramento, CA 95814
RE: AB 361 (Rivas, Robert) Open Meetings: Local Agencies: Teleconferences (As amended
05/10/21) - Letter of SUPPORT
Dear Assemblymember Rivas,
The City of Carlsbad is pleased to support AB 361, which allows, in limited circumstances, a local agency
to use teleconferencing without complying with the Ralph M. Brown Act's (Brown Act) physical access
and quorum requirements for teleconferenced meetings.
In light of a stay-at-home order and the need to keep individuals physically distanced from one another,
Governor Newsom issued a number of subsequent executive orders (N-25-20, N-29-20, N-35-20)
modifying the requirements of the Brown Act. AB 361 seeks to codify several provisions from within the
executive orders while also adding provisions to promote consistency, transparency, and accountability.
AB 361 would allow local agencies to safely meet remotely during an emergency. The changes to law
included in AB 361 are what have allowed local agencies to continue to operate while also complying
with important public health directives issued by officials during the COVID-19 pandemic; by enshrining
these provisions in statute, this bill ensures that local agencies would continue to be able to remain safe
in future emergencies that threaten public health.
AB 361 will include important safeguards that ensure public agency transparency and public access. For
a public agency to utilize these provisions to meet remotely, a local agency must meet subsequent or
concurrent to a proclaimed state of emergency or a county-declared local emergency, and by majority
vote declare that the nature of the emergency would prevent them from safely meeting in-person.
AB 361 includes language that requires local agencies to refrain from taking action on meeting agenda
items when there is a disruption which prevents the public agency from broadcasting the meeting, or
in the event of a disruption within the local agency's control which prevents members of the public
from submitting public comments. In this way, AB 361 clarifies and reinforces existing law within the
Brown Act concerning public access to meetings, ensuring that the public is not prevented from offering
comment as a result of circumstances beyond its control.
For these reasons, the City of Carlsbad is pleased to support Assembly Bill 361 (Rivas). Should you
have any questions please contact our legislative advocate, Sharon Gonsalves, with the Renne Public
Policy Group, at (916) 974-9270.
City of Carlsbad City Council
City Hall 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 t
June 8, 2021 Item #3 Page 20 of 25
Sincerely,
Matt Hall
Mayor
City of Carlsbad
CC: Assemblymember Tasha Boerner Horvath
Senator Pat Bates
Members of the Carlsbad City Council
June 8, 2021 Item #3 Page 21 of 25
Exhibit 5
(City of
Carlsbad
June 2, 2021
The Honorable Christopher Ward
California State Assembly
State Capitol Building, Room 2160
Sacramento, CA 95814
RE: Assembly Bill 500 (Ward) — Coastal Resources; Housing.
Notice of Opposition
Dear Assemblymember Ward:
On behalf of the City of Carlsbad, we must respectfully oppose your AB 500, which would broaden the
California Coastal Commission's (Commission) authority to include housing policy within the coastal
zone.
Housing affordability and homelessness are among the most critical issues facing California cities.
Affordably priced homes are out of reach for many people and housing is not being built fast enough to
meet the needs of people living in the state. Local jurisdictions lay the groundwork for housing
production by planning and zoning new projects in their communities based on extensive public input
and engagement, state housing laws, and certification by the California Department of Housing and
Community Development (HCD).
Planning for and ultimately adopting a housing element is a laborious, time consuming, and costly
process. In April 2021, the Carlsbad City Council adopted a housing element for the 2021-2029 housing
cycle; including plans, policies, and programs designed to meet the city's 3,873-unit allocation of the
region's housing needs, as determined by the San Diego Association of Governments. Importantly,
these units will be protected by the Housing Accountability Act, which prohibits a city from denying a
housing project that is consistent with local zoning.
AB 500 disregards the housing element process and instead adds an additional bureaucratic agency to
an already complex process involving HCD and a local government. The law is clear on the purview of
the Commission and its responsibilities and housing is not one of them. That authority lies within local
governments who are responsible for the content and progress of their housing elements and Local
Coastal Plans (LCPs), which guide coastal development. LCPs are local government policies.
Unfortunately, AB 500 will not help spur much needed construction. Rather, this measure will further
complicate the planning and zoning process, which will lead to additional uncertainty and delay.
For the reasons listed above we must oppose AB 500. Should you have any questions please contact
our legislative advocate, Sharon Gonsalves, with the Renne Public Policy Group, at (916) 974-9270.
City of Carlsbad City Council
City Hall 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 t
June 8, 2021 Item #3 Page 22 of 25
Sincerely,
Matt Hall
Mayor
City of Carlsbad
CC: Assemblymember Tasha Boerner Horvath
Senator Pat Bates
Members of the Carlsbad City Council
June 8, 2021 Item #3 Page 23 of 25
Exhibit 6
(City of
Carlsbad
June 2, 2021
The Honorable Jordan Cunningham
California State Assembly
State Capitol Building, Room 4102
Sacramento, CA 95814
RE: AB 718 (Cunningham) Peace Officers: Investigations of Misconduct
Notice of SUPPORT
Dear Assemblymember Cunningham,
The City of Carlsbad is pleased to support your AB 718. This measure would reconcile a loophole within
SB 1421 (Skinner, 2018) which established parameters for the release of officer records.
Existing law makes the investigation records for specified complaints subject to disclosure under the
California Public Records Act. Under these provisions, misconduct may only become public if a law
enforcement agency conducts an investigation and reaches a "sustained finding". However, if an officer
is fired or resigns before an investigation can begin or is completed and a "sustained finding" cannot be
reached, investigative records relating to this incident are ineligible to be released pursuant to a public
records request.
AB 718 would ensure that sustained findings of use of force resulting in death or great bodily injury,
sexual assault, discharge of a firearm, or dishonesty relating to the reporting, investigation, or
prosecution of a crime or misconduct by another peace officer or custodial officer would warrant a
thorough investigation and subsequent disclosure of findings. Our communities benefit from law
enforcement accountability and transparency. This bill would help ensure additional accountability and
transparency occurs.
For these reasons, the City of Carlsbad supports AB 718. Should you have any questions please contact
our legislative advocate, Sharon Gonsalves, with the Renne Public Policy Group, at (916) 974-9270.
Sincerely,
6if-//zei
Matt Hall
Mayor
City of Carlsbad
City of Carlsbad City Council
City Hall 1200 Carlsbad Village Drive I Carlsbad, CA 92008 760-434-2820 t
June 8, 2021 Item #3 Page 24 of 25
CC: Members of the California State Assembly
Assemblymember Tasha Boerner Horvath
Senator Pat Bates
Members of the Carlsbad City Council
June 8, 2021 Item #3 Page 25 of 25