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HomeMy WebLinkAbout2023-01-24; City Council Legislative Subcommittee; ; Legislative and Advocacy UpdateLEGISLATIVE SUBCOMMITTEE Staff Report Meeting Date: Jan. 24, 2023 To: l egislative 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 federal and state legislative and budget activity and recent and ongoing advocacy efforts; discuss and provide feedback to staff, including identifying high-priority bills, advocacy positions, f unding opportunities, and items for future City Council consideration. Discussion Staff and the city's contract lobbyists -Federal: Carpi & Clay/ State: Renne Public Policy Group - will present updates and overviews of federal and state legislative activity and the priority legislation and intergovernmental matters being tracked on behalf of the city (Exhibits 1 and 2). Next Steps Staff and t he 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 Legislative Session. Public Notification Public notice of this item was posted in keeping with the Ralph M. Brown Act and was available for public viewing and review at least 24 hours before the sche duled meeting date. Exhibits 1. Carpi & Clay -Federal Update 2. Renne Public Policy Group -State Update Jan.24,2023 Item #2 Page 1 of 38 City of Carlsbad Federal Update FY23 Omnibus Appropriations Package Signed Into Law Right before the Christmas holiday, Congress passed, and the President signed into law, the Fiscal Year (FY) 2023 omnibus appropriations packa~e. The $1.7 trillion package contains all twelve FY23 appropriations bills, totaling over 4,155 pages, and includes increases in funding for both defense and non-defense discretionary programs. Community projects (formerly known as earmarks) are also included in the omnibus package. The package also includes the "State, Local, Tribal, and Territorial Fiscal Recovery, Infrastructure, and Disaster Relief Flexibility Act" (S. 3011). The bill would give state and local governments the flexibility to spend funds from the American Rescue Plan and the CARES Act on transportation, transit, and local development projects. Administration Releases Inflation Reduction Act Guidebook The White House has released an Inflation Reduction Act (IRA) ~uidebook entitled "Building a Clean Energy Economy: A Guidebook to the Inflation Reduction Act's Investments in Clean Energy and Climate Action." This guidebook is like what the Administration released after the passage of the Bipartisan Infrastructure Law (BIL). Additionally, in the coming months, the Administration will launch a website for the IRA (www.cleanenergy.~ov) that will provide additional and updated information on the implementation of the IRA. DOT Issues RAISE NOFO The Department of Transportation (DOT) issued a notice of funding opportunity (NOFO) for the availability of $1.5 billion in funding through the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) discretionary grant program. RAISE discretionary grants help project sponsors at the State and local levels, including municipalities, Tribal governments, counties, and others, complete critical freight and passenger transportation infrastructure projects. The eligibility requirements of RAISE allow project sponsors to obtain funding for projects that are harder to support through other U.S. DOT grant programs. Applications are due by February 28th, and project selections will be announced by the end of June. More information can be found lfE.R.E. EPA and Army Corps Announces Upcoming WOTUS Rule The Environmental Protection Agency (EPA) and USACE announced the pre-publication notice for the Waters of the United States (WOTUS) final rule. The WOTUS rule defines the scope of federal jurisdiction over waters and wetlands under the jurisdiction of the Clean Water Act. During the Obama Administration, EPA and USACE attempted to redefine WOTUS, Jan. 24,2023 Item #2 Page 2 of 38 issuing a final rule in 2015. The Trump Administration rescinded the Obama-rule and then issued its own rule, entitled "Navigable Waters Protection Rule." The Biden Administration rescinded the Trump-rule and went through the process of drafting a new rule. The pre- publication notice of the final rule can be found HERE. Senate Releases 2023 Schedule Following the conclusion of the runoff election in Georgia, Senate Majority Leader Chuck Schumer (D-NY) released the Senate calendar for 2023. Last month, incoming House Majority Leader Steve Scalise (R-LA) released the House calendar for 2023. A combined House and Senate calendar can be found HERE. Treasury Publishes Guidance on IRA Labor Requirements The Department of the Treasury (Treasury) released initial euidance on the prevailing wage and apprenticeships requirement for energy tax credits authorized by the IRA. The guidance will apply to the following tax credits: • Advanced Energy Project Credit • Alternative Fuel Refueling Property Credit • Credit for Carbon Oxide Sequestration • Clean Fuel Production Credit • Credit for Production of Clean Hydrogen • Energy Efficient Commercial Buildings Deduction • Renewable Energy Production Tax Credit • Renewable Energy Property Investment Tax Credit House Democrats Announce Committee Leaders for 118th Congress Incoming Democratic Leader Hakeem Jeffries (D-NY) announced that Ranking Members for Committees in the 118th Congress as follows: • Administration: Rep. Joe Morelle (D-NY) • Agriculture: Rep. David Scott (D-GA) • Appropriations: Rep. Rosa DeLauro (D-CT) • Armed Services: Rep. Adam Smith (D-WA) • Budget: Rep. Brendan Boyle (D-PA) • Education and Labor: Rep. Bobby Scott (D-VA) • Energy and Commerce: Rep. Frank Pallone (D-NJ) • Ethics: Rep. Susan Wild (D-PA) • Financial Services: Rep. Maxine Waters (D-CA) • Foreign Affairs: Rep. Gregory Meeks (D-NY) • Homeland Security: Rep. Bennie Thompson (D-MS) • Judiciary: Rep. Jerrold Nadler (D-NY) • Natural Resources: Rep. Raul Grijalva (D-AZ) • Oversight & Reform: Rep. Jamie Raskin (D-MD) • Rules: Rep. Jim McGovern (D-MA) • Science, Space and Technology: Rep. Zoe Lofgren (D-CA) • Small Business: Rep. Nydia Velazquez (D-NY) • Transportation and Infrastructure: Rep. Rick Larsen (D-WA) • Veterans' Affairs: Rep. Mark Takano (D-CA) • Ways and Means: Rep. Richard Neal (D-MA) www.carpiclay.com Jan. 24, 2023 Item #2 2 Page 3 of 38 Federal Funding Opportunities/ Announcements DOE Publishes NOi for Carbon Conversion Program. DOE published an NOi for the Carbon Utilization Procurement Grant program. The program, established by BIL, would provide grants to states, local governments, and public utilities to support the commercialization of technologies that reduce carbon emissions while also procuring and using commercial or industrial products developed from captured carbon emissions. More information can be found HE..BE. DOI Announces $228 Million in BIL Funding for Wildfire Mitigation and Resilience. The Department of the Interior (DOI) announced $228 million in BIL funding to support wildland fire management in FY23. The funding will support continuing pay increases for federal firefighters, new training opportunities, fuel management work to reduce fire risk, burned area rehabilitation, and increased funding for research on fire risks. More information can be found Hfillli. FAA Announces AIP Grant Allocations Under BIL. The Federal Aviation Administration (FAA) announced the FY 2023 Airport Improvement Program (AIP) grant allocations under BIL. All airport allocations can be found HERE. FAA Announces AIP Grant Awards for Winter Operations.FAA announced more than $7 6 million in airport improvement program (AIP) grant awards to 85 airports in 28 states for snowplows, de-icing equipment, and new or upgraded buildings to help store winter equipment. A full list of grant awards can be found HERE. FCC Announces ACP Community Outreach and YHYI Funding. The Federal Communications Commission (FCC) announced a NOFO for the Affordable Connectivity Outreach Grant Program (ACP) and the Your Home, Your Internet (YHYI) Program. YHYI is designed to increase awareness of the Affordable Connectivity Program (ACP) among households receiving federal housing assistance. ACP, authorized by BIL, will help community messengers develop innovative outreach strategies to reach historically unserved and underserved communities. Applications are due by January 9th, and more information can be found Hfillli. Federal Agency Personnel/Regulatory Announcements Census Bureau Proposes Changes to Population Estimates Challenge. The U.S. Census Bureau proposed changes for the Population Estimates Challenge Program which provides eligible general-purpose governmental entities (units) with the opportunity to file requests for the review of their population estimates for 2021 and subsequent years in forthcoming estimates series, beginning with the Vintage 2022 series that is scheduled to be published in 2023. The Census Bureau is proposing to amend its regulations to update references to the input data used to produce the official population estimates and revise the evidence required to support a challenge. More information can be found ]ffillli. DHS Announces Extension of REAL ID Enforcement Deadline. The Department of Homeland Security (OHS) announced its intent to extend the REAL ID full enforcement date www.carpiclay.com Jan.24,2023 Item #2 3 Page 4 of 38 by 24 months, from May 3rd, 2023, to May 7th, 2025. Under the new regulations published to execute this change, states will now have additional time to ensure their residents have driver's licenses and identification cards that meet the security standards established by the REAL ID Act. More information can be found HE.RE. DOE Releases Proposed Rule to Phase Out Compact Fluorescent Lightbulbs. DOE released a proposed rule to phase out compact fluorescent lightbulbs. DOE is hosting a webinar on February 1st at 1 :00 pm EST on the proposal and registration can be found~- More information on the proposed rule can be found HERE. DOT and DOE Announce Joint Office Technical Assistance for School Districts, Transit Agencies, and Tribal Nations. DOT and DOE announced updates to its website, to be more inclusive of additional Joint Office stakeholders by adding technical assistance resources for school districts, transit agencies, and tribal nations. The website can be found .HERE. DOT Released Updated BIL Resources. DOT released updated resources related to BIL, including: ■ Open BIL fundine opportunities ■ New state-by-state fact sheets ■ Maps Dashboard -Announced BIL fundine DOT Releases Technical Assistance Resources Database. DOT released a technical assistance database that includes programs, processes and resources that provide targeted support to help them access and deploy federal funding. The database can be accessed HERE. DOT Updates FAQs on Meaningful Public Involvement in Transportation Decision- Making. DOT updated the frequently asked questions (FAQs) to help local governments understand what types of costs may be eligible for public involvement activities. The updated FAQs can be found HERE. EPA Announces Senior Advisor for Greenhouse Gas Reduction Fund. EPA announced that Jahi Wise will serve as Senior Advisor to the Administrator and Acting Director for the Greenhouse Gas Reduction Fund program. Wise previously served as Special Assistant to President Biden for Climate Policy and Finance in the White House Office of Domestic Climate Policy. More information on GGRF can be found HERE. EPA Publishes Updated Emissions Rule for Heavy-Duty Engines and Vehicles. EPA published a Final Rule on emissions standards for heavy-duty engines and vehicles to reduce ozone and particulate matter emissions further. By 2045, the new rule is expected to cut emissions of nitrogen oxides (NOx) from the heavy-duty vehicle sector by about 48 percent. The new standards are scheduled to take effect for model year 2027 vehicles. The Final Rule can be found HERE. FHWA Announces EDC Transportation Innovations. FHWA announced the latest round of transportation innovations through the Every Day Counts (EDC) Program. EDC is a state- based program that that helps identify and rapidly deploy proven, yet underutilized, innovations that facilitate greater efficiency in project delivery at the state, local and tribal levels. More information can be found HERE. www.carpiclay.com Jan. 24,2023 Item #2 4 Page 5 of 38 HUD Releases 2022 Annual Homeless Assessment Report. The Department of Housing and Urban Development (HUD) released its 2022 Annual Homeless Assessment Report (AHAR) Part 1 to Congress. HUD releases the AHAR to Congress in two parts. Part 1 provides Point-in-Time (PIT) estimates, offering a snapshot of homelessness on a single night. The report and more information can be found HERE. Treasury Releases Information on IRA Clean Vehicles Provisions. Treasury released the following additional guidance on the clean vehicles provisions included in the Inflation Reduction Act (IRA): ■ ~ ■ Notice of Incremental Costs ■ Notice of Intent of Proposed Reeulations ■ White Paper USICH Releases Plan to Reduce Homelessness. The US lnteragency Council on Homelessness (USICH) released a report titled "All In: The Federal Strategic Plan to Prevent and End Homelessness." USICH encourages state and local governments to use the plan as a blueprint for creating their own plans to prevent and end homelessness and setting their own ambitious goals for 2025. The report can be found .H.E,fil. www.carpiclay.com Jan. 24,2023 Item #2 5 Page 6 of 38 January 18, 2023 (cityof Carlsbad Cal forn a To: Teresa Acosta, Councilmember Melanie Burkholder, Councilmember Jason Haber, Intergovernmental Affairs Director City of Carlsbad From: Sharon Gonsalves Director of Government Affairs Renne Public Policy Group Re: January Legislative Update LEGISLATURE RETURNS Exhibit 2 On January 4, 2023, the California State Legislature reconvened for the 2023-2024 legislative session. Since reconvening, the legislature has introduced 208 pieces of legislation (383 since December 5), many of which are non-substantive spot bills or resolutions (Attachment A -Bills of Interest). There are 35 new legislators this session, 10 Senators and 25 Assemblymembers. Speaker Anthony Rendon will continue in his role until July, and Senator Toni Atkins will continue in her role as Senate pro Tern. GOVERNOR NEWSOM PRESENTS PROPOSED BUDGET On January 10, 2023, Governor Gavin Newsom revealed his proposed budget for fiscal year (FY) 23-24. Governor Newsom is proposing a combination of cuts, delays, and shifts in funding sources as part of his $297 billion proposal, a 1% decrease from the 2022-2023 budget. It is projected that California will face a $22.5 billion deficit in the 23-24 FY. Despite the anticipated shortfall, the Governor stressed that he is not back away from his top priorities, including homeless, climate, healthcare, education, and housing. RPPG provided the City with a detailed summary of the Governor's budget proposal. CALIFORNIA WINTER STORMS In mid-January, California faced a series of severe winter storms that caused flooding and property damage in communities across the state. There have been at least 20 fatalities and the forced evacuation of tens of thousands of residents. On January 16, Governor Newsom signed an executive order to bolster the emergency response and recovery efforts to the storms. The Jan.24,2023 Item #2 1 Page 7 of 38 White House issued a major disaster declaration (Attachment B} over the Martin Luther King Jr. holiday weekend. The new declaration unlocks federal funding and assistance programs for California cities and residents. Major disaster declarations are issued when the damage caused by a natural event is beyond the combined capabilities of state and local governments to respond. Legislative Timing and Key Dates: February 17, 2022 March 30, 2022 April 10, 2022 May 12, 2022 Jan.24,2023 Last day to introduce legislation Spring recess begins Legislature reconvenes from Spring recess Last day for policy committees to meet prior to June 5 Item #2 2 Page 8 of 38 Bills of Interest (cityof Carlsbad Cal i forn i a Cannabis RPPG Re,,no f'ubi,c; Policy G""'P "-"-...... .,.,,.,. . Attachment A SB 51 (Bradford) Cannabis provisional licenses: local equity applicants. (Introduced: 12/5/2022) Link The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), for purposes of the California Cannabis Equity Act, defines local equity program as a program adopted or operated by a local jurisdiction that focuses on inclusion and support of individuals and communities in California's cannabis industry who are linked to populations or neighborhoods that were negatively or disproportionately impacted by cannabis criminalization, as specified. MAUCRSA requires the Governor's Office of Business and Economic Development (GO-Biz) to administer a grant program to assist a local jurisdiction with the development of a local equity program or to assist local equity applicants and local equity licensees through a local equity program, as specified. MAUCRSA, until June 30, 2023, authorizes the Department of Cannabis Control, in its sole discretion, to issue a provisional license for a local equity license application if the applicant meets specified requirements. MAUCRSA prohibits the Department of Cannabis Control from renewing a provisional license after January 1, 2025, and provides that no provisional license is effective after January 1, 2026. This bill would additionally authorize the Department of Cannabis Control, in its sole discretion, to issue a provisional license for a local equity applicant for retailer activities, indefinitely, if the applicant meets specified requirements. This bill would authorize the department, in its sole discretion, to renew a provisional license until it issues or denies the provisional licensee's annual license, subject to specified requirements, or until 5 years from the date the provisional license was issued, whichever is earlier. By extending provisional licensure, the applications for which are required to be signed under penalty of perjury, the bill would expand the scope of the crime of perjury, and would thereby impose a state- mandated local program. Status: 12/6/2022-From printer. May be acted upon on or after January 5. Education AB 71 (Rodriguez) Pupil instruction: bleeding control. (Introduced: 12/12/2022) Link Would require, commencing with the 2025-26 school year, the governing board of a school district or the governing body of a charter school that requires a course in health education for graduation from high school to include in that course instruction in bleeding control, as provided. The bill would require the State Department of Education to provide guidance on how to implement these provisions, including, but not limited to, who may provide instruction. The bill would provide that a local agency, entity of state or local government, or other public or private organization that sponsors, authorizes, supports, finances, or supervises, and a public employee who provides or facilitates, the instruction of pupils in bleeding control pursuant to the bill shall not be liable for any civil damages alleged to result from the acts or omissions of an individual who received such instruction, except as provided. Status: 1/4/2023-Read first time. RPPG R,:,nnc Public Policy G,oup ,. ~--#---·~ ..... _,. Elections, Political Reform and Redistricting AB 13 (Essayli) Elections: Election Day holiday: voting by mail. (Introduced: 12/5/2022) Link Current law requires the statewide general election to be held on the first Tuesday after the first Monday in November of each even-numbered year. Current law designates specific days as holidays in this state. This bill would add the first Tuesday after the first Monday in November of any even-numbered year to the list of state holidays. day, this bill would create a st ate-mandated local program. Status: 12/6/2022-From printer. May be heard in committee January 5. AB 34 (Valencia) Elections: independent redistricting commissions. (Introduced: 12/5/2022) Link Current law defines "independent redistricting commission" to mean a body, other than a legis lative body, that is empowered to adopt the district boundaries of a legislative body. Current law permits a local jurisdiction to establish an independent redistricting commission to change the legislative body's district boundaries. This bill would state the intent of the Legislature to enact legislation to establish an independent redistricting commission in the County of Orange. Status: 12/6/2022-From printer. May be heard in committee January 5. AB 37 (Bonta) Political Reform Act of 1974: campaign funds: security expenses. (Introduced: 12/5/2022) Link The Political Reform Act of 1974 authorizes a candidate or elected officer to use campaign funds to pay or reimburse the state for the costs of installing and monitoring a home or office electronic security system if specified conditions are met. These conditions include that the candidate or elected officer has received threats to physical safety that have been verified by law enforcement, that no more than $5,000 in campaign funds be used for this purpose, and that the candidate or elected officer report the expenditure of ca mpaign funds to the Fair Political Practices Commission. This bill would eliminate those conditions. The bill would instead authorize a candidate or elect ed officer to use campaign funds to pay or reimburse the state for the reasonable costs of installing and monitoring a home or office electronic security system, and for the reasonable costs of providing personal security to a candidate, elected officer, or the immediate family and staff of a candidate or elected officer, if those costs are reasonably related to the candidate or elected officer's status as a candidate or elected officer. Status: 12/9/2022-lntroduced measure version corrected. AB 63 (Cervantes) Elections: candidate's residence. (Introduced: 12/6/2022) Link Under the Ca lifornia Constitution, a person is ineligible to serve as a State Assembly Member or State Senator if they have not been a resident of the their legislative district for one year. Current statutory law also requires a Member of the State Board of Equalization to be and remain an in habitant of the district in which they are elected to serve, or else a vacancy occurs. This bill would state the intent of the Legislature to enact legislation that imposes certain consequences, including the ineligibility to serve in office, upon a candidate for any of the above offices if the candidate files an affidavit of voter registration that changes their residency, after being certified as a candidate but before the certification of election results. RPPG R•mne Pult.Jc Pohcy G,oup •a.....,,4---~ ~ ,. Status: 1/4/2023-Read first time. AB 83 (Lee) Political Reform Act of 1974: contributions and expenditures by foreign-influenced business entities. (Introduced: 12/16/2022) Link The Political Reform Act of 1974 prohibits a foreign government or foreign principal from making any contribution, expenditure, or independent expenditure in connection with the qualification or support of, or opposition to, a state or local ballot measure or an election for a state or local office. The act prohibits a person or committee from soliciting or accepting a contribution from a foreign government or foreign principal for the same purposes. The act makes a violation of these prohibitions a misdemeanor. This bill would expand these prohibitions to include contributions, expenditures, or independent expenditures made by a foreign-influenced business entity, as defined, in connection with an election or ballot measure. The bill would require a business entity that makes a contribution, expenditure, or independent expenditure to file with the filing officer and the applicable candidate or committee a statement of certification, signed by the entity's chief executive officer under penalty of perjury, avowing that the entity was not a foreign-influenced business entity on the date the contribution, expenditure, or independent expenditure was made. Status: 1/4/2023-Read first time. SB 24 (Umberg) Elections: statewide direct primary. (Introduced: 12/5/2022) Link Current law requires the statewide direct primary election to be held on the first Tuesday after the first Monday in March in each even-numbered year that is evenly divisible by four. Current law requires the presidential primary election to be consolidated with this statewide direct primary election and to be held on the same date. This bill would change the date of the presidential primary and consolidated statewide direct primary described above to an unspecified date. Status: 12/6/2022-From printer. May be acted upon on or after January 5. SB 77 (Umberg) Voting: signature verification: notice. (Introduced: 1/12/2023) Link Current law requires a county elections official, upon receiving a vote by mail ballot, to compare the signature on the identification envelope with the voter's signature appearing on specified voter registration records. If the elections official determines that the signatures do not match, or if the identification envelope does not contain a signature, existing law requires the elections official to mail a notice to the voter, no later than 8 days before the certification of the election, of the opportunity to verify the voter's signature or provide a signature, as applicable. This bill would require the elections official to additionally notify the voter by a text message or email, if the elections official has a telephone number or email address for the voter on file. Status: 1/13/2023-From printer. May be acted upon on or after February 12. Emergency Response and Disaster Preparedness SB 57 (Gonzalez) Utilities: extreme weather events. (Introduced: 12/16/2022) Link RPPG Renne Pub,,c PohC>' G•oup .ow-,., ...... ,. ..... ,. Would state the intent of the Legislature to enact future legislation to prohibit shutting off utility service during extreme weather events. Status: 1/4/2023-Read first time. Energy and Utilities AB 2 (Ward) Recycling: solar photovoltaic modules. (Introduced: 12/5/2022) Link Would state the intent of the Legislature to enact future legislation that would create a convenient, safe, and environmentally sound system for the end-of-life management of photovoltaic modules, minimization of hazardous waste, and recovery of commercially valuable materials. Status: 12/6/2022-From printer. May be heard in committee January 5. AB 50 (Wood) Energy demand: communication. (Introduced: 12/5/2022) Link Current law requires the Energy Commission, in consultation with specified state and federal agencies and at least every 2 years, to conduct assessments and forecasts of all aspects of energy industry supply, production, transportation, delivery and distribution, demand, and prices. This bill would express the intent of the Legislature to enact subsequent legislation to improve consistent communication between the Energy Commission, Independent System Operator, Public Utilities Commission, and investor-owned utilities to ensure that the state is timely meeting energy demand. Status: 12/6/2022-From printer. May be heard in committee January 5. AB 65 (Mathis) Energy: nuclear fission thermal powerplants. (Introduced: 12/6/2022) Link Current law prohibits the State Energy Resources Conservation and Development Commission from certifying a nuclear fission thermal powerplant, except for specified powerplants, and provides that a nuclear fission thermal powerplant, except those specified powerplants, is not a permitted land use in California, unless certain conditions are met regarding the existence of technology for the construction and operation of nuclear fuel rod processing plants and of demonstrated technology or means for the disposal of high-level nuclear waste, as specified. This bill would repeal those provisions. Status: 1/4/2023-Read first time. SB 38 (Laird) Battery storage facilities: safety systems. (Introduced: 12/5/2022) Link Would state the intent of the Legislature to enact future legislation to address the need for better safety systems at battery storage facilities. Status: 12/6/2022-From printer. May be acted upon on or after January 5. RPPG Renne Publ Policy G·c,up •. .,_,..r-......... SBXl 2 (Skinner) Energy: transportation fuels: supply and pricing: maximum gross gasoline refining margin. (Introduced: 12/5/2022) Link Current law requires operators of refineries in the state that produce gasoline meeting California specifications, within 30 days of the end of each calendar month, to submit a report to the State Energy Resources Conservation and Development Commission containing certain information regarding its refining activities related to the production of gasoline in that month. Current law requires the commission to notify a refiner that has failed to timely provide the required information and imposes a civil penalty on the refiner that fails to submit the required information within 5 days of being notified of the failure. This bill would establish a maximum gross gasoline refining margin at an unspecified amount per gallon and would authorize the commission to annually adjust the maximum gross gasoline refining margin, as provided. The bill would authorize the commission to petition the court to enjoin a refiner from exceeding the maximum gross gasoline refining margin. The bill would also authorize the commission to assess an administrative civil penalty on a refiner for exceeding the maximum gross gasoline refining margin, as provided. The bill would authorize the commission to grant a refiner's request for an exemption from the maximum gross gasoline refining margin upon a showing by the refiner of reasonable cause, and to subject the refiner to alternative maximum margins or other conditions set by the commission. The bill would require a refiner seeking an exemption to file a statement under the penalty of perjury setting forth the basis of the request for exemption. Status: 12/5/2022-lntroduced. Read first time. Referred to Com. on RLS. Environment and Climate AB 3 (Zbur) Offshore wind energy. (Introduced: 12/5/2022) Link Would state the intent of the Legislature to enact future legislation to accelerate the approval, implementation, and operation of offshore wind energy projects necessary to meet California's climate action goals and the transition to a clean energy economy, clarify the authority of California governmental agencies related to the analysis and selection of feasible alternatives for seawater ports and transmission infrastructure improvements required to construct wind energy projects along the California coast, and specify criteria for the analysis and selection of port and transmission alternatives related to offshore wind energy projects to ensure the protection of the environment and sensitive habitats and robust community participation and comment, to keep the maximum number of jobs related to the construction of offshore wind energy projects in California, and to achieve environmental justice goals. Status: 12/6/2022-From printer. May be heard in committee January 5. AB 9 (Muratsuchi) California Global Warming Solutions Act of 2006: emissions limit. {Introduced: 12/5/2022) Link The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. Under the act, the state board is required to approve a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020 and to ensure that statewide greenhouse gas emissions are reduced to at least 40% below the 1990 level by no later than December 31, 2030. Under the act, a violation of a rule, regulation, order, emission limitation, emission reduction measure, or other measure adopted by the state board under the act is a crime. This bill instead would require the state board to ensure that statewide greenhouse gas emissions are reduced to at least 55% below the 1990 level by no later than December 31, 2030. Status: 12/6/2022-From printer. May be heard in committee January 5. RPPG RE-noc Pubk Pohq• G•oup #I ._...,_._~ .-• AB 30 (Ward) Atmospheric Rivers: Research, Mitigation, and Climate Forecasting Program. (Introduced: 12/5/2022) 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 of the program, to research climate forecasting and the causes and impacts 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 Resea rch and Forecast Improvement Program: Enabling Climate Adaptation Through Forecast-Informed Reservoir Operations and Hazard Resiliency (AR/Fl RO} 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: 12/6/2022-From printer. May be heard in committee January 5. AB 45 (Boerner Horvath) Coastal resources: coastal development permits: blue carbon demonstration projects: new development: greenhouse gas emissions. (Introduced: 12/5/2022) Link The California Coastal Act of 1976, among other things, requires anyone wishing to perform or undertake any development in the coastal zone, except as specified, in addition to obtaining any other permit required by law from any local government or from any state, regional, or local agency, to obtain a coastal development permit from the California Coastal Commission, as provided. This bill would authorize the commission to authorize blue ca rbon demonstration projects, as defined, in order to demonstrate and quantify the carbon sequestration potential of these projects to help inform the state's natural and working lands and climate resilience strategies. The bill would, among other things, authorize the commission to require an applicant with a project that impacts coastal wetland, subtidal, intertidal, or marine habitats or ecosystems to build or contribute to a blue carbon demonstration project. Status: 12/6/2022-From printer. May be heard in committee January 5. AB 80 (Addis) Offshore Wind Coastal Protection Act. (Introduced: 12/15/2022) Link Would state the intent of the Legislature to enact future legislation to create the Offshore Wind Coastal Compensation Fund for purposes of mitigating the impacts of the deployment of offshore wind infrastructure in California on the tourism industry, marine and other coastal wildlife, the fishing industry, and other entities, funding costs associated with the future decommissioning of obsolete offshore wind infrast ru cture, and providing funding to marine life sanctuaries, federally recognized tribes, cities, and counties. Status: 1/4/2023-Read first time. SB 12 (Stern) California Global Warming Solutions Act of 2006: emissions limit. (Introduced: 12/5/2022) Link Under the California Global Warming Solutions Act of 2006, the State Air Resources Board is required to approve a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020 and to ensure that statewide greenhouse gas emissions are reduced to at least 40% below the 1990 level by no later than December 31, 2030. Under the act, a violation of a rule, regu lation, order, emission limitation, RPPG R,;,noe Put;.ic Pohc~· a,oup ~,,.._.,;.,._,..~ .,-. emission reduction measure, or other measure adopted by the state board under the act is a crime. This bill instead would require the state board to ensure that statewide greenhouse gas emissions are reduced to at least 55% below the 1990 level by no later than December 31, 2030. Status: 12/6/2022-From printer. May be acted upon on or after January 5. SB 48 (Becker) Building performance standards. (Introduced: 12/5/2022) Link Would provide that it is the intent of the Legislature to enact subsequent legislation to create building performance standards for improvements in energy efficiency and reductions in the emissions of greenhouse gases in large buildings, including measures to ensure that making the necessary investments to improve these buildings will improve equity and avoid displacement or increased energy burdens, especially in disadvantaged communities. Status: 12/6/2022-From printer. May be acted upon on or after January 5. SB 49 (Becker) Tax incentives: solar canopies. (Introduced: 12/5/2022) Link Would state the intent of the Legislature to enact legislation to provide tax incentives for the construction of solar canopies over large parking lots to boost the local generation of clean electricity in urban and suburban areas, as specified. Status: 12/6/2022-From printer. May be acted upon on or after January 5. SB 56 (Skinner) Load-serving entities: integrated resource plans. (Introduced: 12/7/2022) Link Current law requires the Public Utilities Commission to adopt a process for each load-serving entity, defined to include electrical corporations, electric service providers, and community choice aggregators, to file an integrated resource plan and a schedule for periodic updat es to the plan to ensure that it meets, among other things, the state's targets for reducing emissions of greenhouse gases and the requirement to procure at least 60% of its electricity from eligible renewable energy resources by December 31, 2030. Current law additionally requires the integrated resource plan to contribute to a diverse and balanced portfolio of resources needed to ensure a reliable supply of electricity that provides optimal integration of renewable energy resources in a cost-effective manner, meets the stat e's targets for reducing emissions of greenhouse gases, and prevents cost shifting among load-serving entities. This bill would make a nonsubstantive change t o the latter provision. Status: 1/4/2023-Read first time. SB 79 (Nguyen) Coastal resources: preservation. (Introduced: 1/12/2023) Link The California Coastal Act of 1976 finds and declares that the basic goals of the state for the coastal zone are to, among other things, protect, maintain, and, where feasible, enhance and restore the overall quality of the coastal zone environment and its natural and artificial resources. This bill would provide that it is the intent of the Legislature to enact subsequent legislation that would establish policy addressing coastal preservation. Status: 1/13/2023-From printer. May be acted upon on or after February 12. RPPG Rtmne Publie Pohq• G•oup .. r.--,,,,, ....... ..,i_~ .,. Governmental Operations AB 233 (Wilson) Local government: animal waste disposal: horses. (Introduced: 1/12/2023) Link Would authorize a local agency to require the rider of, or person otherwise responsible for, a horse to collect and dispose of any animal waste deposited by that horse on a street, sidewalk, or other public property. Status: 1/13/2023-From printer. May be heard in committee February 12. SB 68 (McGuire) Local government. (Introduced: 1/5/2023) Link Current law provides for the formation and powers of various local governments, including counties and cities. The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 provides the sole and exclusive authority and procedure for the initiation, conduct, and completion of changes of organization and reorganization for cities and districts. This bill would state the intent of the Legislature to enact legislation re lating to local government. Status: 1/6/2023-From printer. May be acted upon on or after February 5. SB 69 (Cortese) California Environmental Quality Act: judicial and administrative proceedings: limitations. (Introduced: 1/5/2023) Link The California Environmental Quality Act (CEQA) requires a state agency or a local agency that approves or determines to carry out a project subject to CEQA to file a notice of determination with the Office of Planning and Research or the county clerk of each county in which the project will be located, as provided. CEQA authorizes a state agency or a local agency that determines that a project is not subject to CEQA to file a notice of exemption with the office or the county clerk of each county in which the project will be located, as provided. If a person has made a written request to a public agency for a copy of a notice of determination or notice of exemption for a project before the date on which the public agency approves or determines to carry out the project, CEQA requires the public agency, no later than 5 days from the date of the public agency's action, to deposit a copy of the written notice addressed to that person in the United States mail, first-class postage prepaid. CEQA provides that the date upon which the notice is mailed does not affect the limitations periods applicable to specified actions or proceedings to attack, review, set aside, void, or annul specified acts or decisions of a public agency on the grounds of noncompliance with CEQA. The bill would require a public agency to provide both the notice and any subsequent amended, corrected, or revised notice, as specified, in response to a written request for the notice, regardless of the delivery method. By requiring a local agency to provide a copy of any subsequent amended, corrected, or revised notice, along with the notice, the bill would impose a state-mandated local program. Status: 1/6/2023-From printer. May be acted upon on or after February 5. Health and Human Services AB 222 (Arambula) Civil Rights Department: Californians with disabilities workgroup. (Introduced: 1/10/2023) Link The California Fair Employment and Housing Act establishes the Civil Rights Department within the Business, Consumer Services, and Housing Agency under the direction of the Director of Civil Rights. Current law sets forth the powers and RPPG RMne Public Pohc;· G•oup "~"",,_,.,,,,. ~ ,. duties of the department, which include receiving, investigating, conciliating, mediating, and prosecuting complaints alleging unlawful practices or violations of specified civil rights provisions, including those based on a mental or physical disability, as defined. This bill would require the department to convene a workgroup to make recommendations to the Legislature for the development of accessibility and antidiscrimination laws for people with disabilities, as defined. The bill would require membership of the workgroup to include interested parties and stakeholders that reflect the diversity of the state, including, among other groups, individuals who have personal experience with a disability. Status: 1/11/2023-From printer. May be heard in committee February 10. AB 232 (Aguiar-Curry) Temporary practice allowances. (Introduced: 1/12/2023) Link The Licensed Marriage and Family Therapist Act, the Clinical Social Worker Practice Act, and the Licensed Professional Clinical Counselor Act generally govern the provision of marriage and family therapy services, clinical social work services, and professional clinical counseling services, respectively, in the state and prohibit a person from practicing those healing arts without a license granted pursuant to the respective provisions of each act. This bill, until January 1, 2026, would, under all of the acts described above, authorize a person who holds a license in another jurisdiction of the United States as a marriage and family therapist, clinical social worker, or professional clinical counselor to provide services in the state for a period not to exceed 30 consecutive days in any calendar year if certain conditions are met, including the license from another jurisdiction is at the highest level for independent clinical practice in the jurisdiction in which the license was granted, the client is located in California during the time the person seeks to provide care in California, and the client is a client of the person and was the person's client immediately before the client became located in California. Status: 1/13/2023-From printer. May be heard in committee February 12. SB 43 (Eggman) Behavioral health. (Introduced: 12/5/2022) Link Would state the intent of the Legislature to enact legislation to modernize and improve California's behavioral health system. Status: 12/6/2022-From printer. May be acted upon on or after January 5. SB 59 (Skinner) Menstrual Product Accessibility Act. (Introduced: 12/19/2022) Link Would enact the Menstrual Product Accessibility Act, which would require all women's restrooms, all all-gender restrooms, and at least one men's restroom in a building owned by the state or in the portion of a building where the state rents or leases office space, a building owned by a local government where a specified state-funded safety net program is administered, or in a hospital that receives state funds, as specified, to be stocked with menstrual products, as defined, available and accessible to employees and the public, free of cost, at all times. Status: 1/4/2023-Read first time. SB 63 (Ochoa Bogh) Homeless and Mental Health Court and Transitioning Home Grant Programs. (Introduced: 1/4/2023) Link RPPG R,ml'IC Pub' a; Pohq• G·oup .. , .J,._,."41' -... Under current law, the Board of State and Community Corrections administers several grant programs, including a mentally ill offender crime reduction grant program, a medication-assisted treatment grant program, and a violence intervention and prevention grant program. This bill would establish two new grant programs until January 1, 2028: the Homeless and Mental Health Court Grant Program that would, subject to an appropriation by the Legislature, be administered by the Judicial Council and provide grants to counties for the purpose of establishing or expanding homeless courts and mental health courts, as specified; and the Transitioning Home Grant Program that would, subject to an appropriation by the Legislature, be administered by the board and provide grants to county sheriffs and jail administrators to fund programs aimed at reducing homelessness among inmates released from custody, as specified. Status: 1/5/2023-From printer. May be acted upon on or after February 4. SB 65 (Ochoa Bogh) Behavioral Health Continuum Infrastructure Program. (Introduced: 1/4/2023) Link Current law authorizes the State Department of Health Care Services to, subject to an appropriation, establish a Behavioral Health Continuum Infrastructure Program. Current law authorizes the department, pursuant to this program, to award competitive grants to qualified entities to construct, acquire, and rehabilitate real estate assets or to invest in needed mobile crisis infrastructure to expand the community continuum of behavioral health treatment resources to build or expand the capacity of various treatment and rehabilitation options for persons with behavioral health disorders, as specified. This bill would authorize the department, in awarding the above-described grants, to give preference to qualified entities that are intending to place their projects in specified facilities or properties. Status: 1/5/2023-From printer. May be acted upon on or after February 4. SB 70 (Wiener) Prescription drug coverage. (Introduced: 1/9/2023) Link Current law generally authorizes a health care service plan or health insurer to use utilization review, under which a licensed physician or a licensed health care professional who is competent to evaluate specific clinical issues may approve, modify, delay, or deny requests for health care services based on medical necessity. Current law prohibits a health care service plan contract that covers prescription drug benefits or a specified health insurance policy from limiting or excluding coverage for a drug on the basis that the drug is prescribed for a use that is different from the use for which it was approved by the federal Food and Drug Administration if specified conditions are met. Current law also prohibits a health care service plan that covers prescription drug benefits from limiting or excluding coverage for a drug that was previously approved for coverage if an enrollee continues to be prescribed that drug, as specified. This bill would expand the above-described prohibitions to prohibit limiting or excluding coverage of a dose of a drug or dosage form, and would apply these prohibitions to a prescription drug that is prescribed for off-label use. The bill would prohibit a health care service plan contract from requiring additional cost sharing not already imposed for a drug that was previously approved for coverage. Because a willful violation of these provisions by a health care service plan would be a crime, the bill would impose a state-mandated local program. Status: 1/10/2023-From printer. May be acted upon on or after February 9. RPPG Ri>nnc Put>; ~ Policy G·oup .. -~ ......... "-.l!M ... :.S.• Homelessness AB 67 (Muratsuchi) Homeless Courts Pilot Program. (Introduced: 12/7/2022) Link Current law governs the jurisdiction of various criminal actions and criminal proceedings. Current law also provides various diversion programs, including programs for defendants with cognitive disabilities and programs for defendants who were, or currently are, members of the United States military. This bill, upon an appropriation by the Legislature, would create the Homeless Courts Pilot Program, which would remain in effect until January 1, 2028, to be administered by the Judicial Council for the purpose of providing comprehensive community-based services to achieve stabilization for, and address the specific legal needs of, chronically homeless individuals who are involved with the criminal justice system. The bill would require programs seeking grant funds to provide a number of specified services or program components, including, but not limited to, a diversion program enabling participating defendants to have infraction or misdemeanor charges dismissed upon completion of a program, provision of supportive housing, as defined, during the duration of the program, and a dedicated county representative to assist defendants with housing needs. The bill would require an applicant for grant funding under the program to submit a plan for a new homeless court program or expansion of an existing homeless court program, and would require any funding awarded to an applicant to be used in accordance with that plan. Status: 1/4/2023-Read first time. AB 86 (Jones-Sawyer) Homelessness: lead entity. (Introduced: 1/4/2023) Link Current law requires the Council on Homelessness to, among other things, identify mainstream resources, benefits, and services that can be accessed to prevent and end homelessness in California and promote systems integration to increase efficiency and effectiveness to address the needs of people experiencing homelessness. This bill would state the intent of the Legislature to enact legislation to establish a single entity to serve as the lead for ending homelessness, who would perform specified duties. Status: 1/5/2023-From printer. May be heard in committee February 4. SB 7 (Blakespear) Homelessness. (Introduced: 12/5/2022) Link Would state the intent of the Legislature to enact legislation regarding homelessness and the regional housing needs allocation. Status: 12/6/2022-From printer. May be acted upon on or after January 5. SB 31 (Jones) Encampments: sensitive areas: penalties. (Introduced: 12/5/2022) Link Under current law, a person who lodges in a public or private place without permission is guilty of disorderly conduct, a misdemeanor. Current law also provides that a person who willfully and maliciously obstructs the free movement of any person on any street, sidewalk, or other public place is guilty of a misdemeanor. Under existing law, a public nuisance is anything that is injurious to health, or is indecent or offensive to the senses, so as to interfere with the comfortable enjoyment of life or property by an entire community, neighborhood, or considerable number of persons. Current law provides various remedies against a public nuisance, including abatement by any public body or officer authorized by law. This bill would prohibit a person from sitting, lying, sleeping, or storing, using, maintaining, or placing personal RPPG •l'!'l'ii"?"I¥. R~nnc Put;,c Policy G•oup I.C,....,~ ...... ,.., .... ,,,_. property upon any street, sidewalk, or other public right-of-way within 1000 feet of a sensitive area, as defined. The bill would specify that a violation of this prohibition is a public nuisance that can be abated and prevented, as provided. Status: 12/6/2022-From printer. May be acted upon on or after January 5. Housing and Land Use AB 11 (Jackson) Affordable California Commission. (Introduced: 12/5/2022) Link Current law declares that the availability of housing is of vital statewide importance. Current law declares that the provision of housing affordable to low-and moderate-income households requires the cooperation of all levels of government. Current law declares that housing prices in California have risen dramatically in all parts of the state in the past decade, while the wealth gap, especially the racial wealth gap, continues to be a growing problem in California. Existing law establishes various programs for the development and preservation of affordable housing, including the Affordable Housing Revolving Development and Acquisition Program and the California Dream for All Program. This bill would create the Affordable California Commission. The bill would require that the commission be composed of 11 members, including 9 members appointed by the Governor, the Speaker of the Assembly, and the President pro Tempo re of the Senate, as provided, and one member each from the Assembly and the Senate, who would serve as ex officio nonvoting members, as specified. Status: 12/6/2022-From printer. May be heard in committee January 5. AB 42 (Ramos) Tiny homes: fire sprinkler requirements. (Introduced: 12/5/2022) Link Current law prohibits a local agency from requiring an accessory dwelling unit to provide fire sprinklers, if they are not required for the primary residence. This bill would prohibit a local agency from imposing or enforcing any requirement to provide fire sprinklers for any dwelling with a total floor area of less than 500 square feet. Status: 12/6/2022-From printer. May be heard in committee January 5. AB 49 (Soria) Affordable housing. (Introduced: 12/5/2022) Link Would express the intent of the Legislature to enact legislation that would increase the supply of affordable housing and reduce homelessness. Status: 12/6/2022-From printer. May be heard in committee January 5. AB 57 (Kalra) California Pocket Forest Initiative. (Introduced: 12/6/2022) Link Would establish the California Pocket Forest Initiative in the Department of Forestry and Fire Protection and would authorize the department to coordinate implementation of the initiative in conjunction with the act. Upon an appropriation by the Legislature, the bill would authorize the department to provide grants to cities, counties, districts, nonprofit organizations, and public schools to establish pocket forests on public lands, as provided. The bill would require the department to prioritize disadvantaged communities and communities that lack publicly accessible green space for these grants. The bill would require the department to partner with one or more academic institutions to test, RPPG Rimne Publ ... PohC)' G•oup ... .. ......,.,..,111 -,. and submit a report on or before January 1, 2030, to the Legislature that evaluates, the applicability and effectiveness of the Miyawaki method, as defined, to restore degraded lands and reforest urban areas in multiple regions throughout California. The bill would repeal these provisions on January 1, 2031. Status: 1/4/2023-Read first time. AB 66 (Mathis) Natural Resources Agency: water storage projects: permit approval. (Introduced: 12/6/2022) Link Current law establishes the Natural Resources Agency, co mposed of departments, boards, conservancies, and commissions responsible for the restoration, protection, and management of the state's natural and cultural resources. Current law establishes in the agency the Department of Water Resources, which manages and undertakes planning with regard to water resources in the state. This bill would require the agency, and each department, board, conservancy, and com mission within the agency, to approve the necessary permits for specified projects within 180 days from receiving a permit application, and would deem those permits approved if approval does not occur within this time period. Status: 1/4/2023-Read first time. AB 68 (Ward) Housing. (Introduced: 12/8/2022) Link The Planning and Zoning Law, requires each city, county, and city and county to prepare and adopt a general plan that contains certain mandatory elements, including a housing element. Current law defines several terms for the purposes of these provisions. This bill would make nonsubstantive changes to those definitions. Status: 1/4/2023-Read first time. AB 72 (Boerner Horvath) Coastal resources: research: landslides and erosion: early warning system: County of San Diego. (Introduced: 12/13/2022) Link Current law requires the Scripps Institution of Oceanography at the University of California, San Diego, upon appropriation by the Legislature, to conduct resea rch 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 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 extend the deadline for the above-described resea rch to be completed to January 1, 2026. The bill would extend the deadline to report to the Legislature to March 30, 2026. Status: 1/4/2023-Read first time. SB 4 (Wiener) Planning and zoning: housing development: higher education institutions and religious institutions. (Introduced: 12/5/2022) Link Would require 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. The RPPG R•mne Publ .. Policy G·oup .. -"'~"'*·-,. 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% of the units may be for moderate-income households, provided that all of the units are provided 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 aut horize the development t o include ancillary uses on the ground floor of the development, as specified. Status: 12/6/2022-From printer. May be acted upon on or after January 5. SB 16 (Smallwood-Cuevas) Civil rights: discrimination: enforcement. (Introduced: 12/5/2022) Link The Unruh Civil Rights Act generally prohibits business establishments from discriminating on specified bases. The California Fair Employment and Housing Act prohibits discrimination in housing and employment on specified bases and provides procedures for enforcement by the Civil Rights Department. Current law specifies that while it is the intent of the Legislature that the California Fair Employment and Housing Act occupy the field of regulation of discrimination in employment and housing, nothing in the act shall be construed to limit or restrict the application of the Unruh Civil Rights Act. This bill would also specify that nothing in the California Fair Employment and Housing Act shall be construed to limit or restrict efforts by local entities to enforce state law prohibiting discrimination against classes of persons covered by the act in employment and housing. Status: 12/6/2022-From printer. May be acted upon on or after January 5. SB 20 (Rubio) Joint powers agreements: regional housing trusts. (Introduced: 12/5/2022) Link Would authorize 2 or more cities, by entering into a joint powers agreement pursuant to the Joint Exercise of Powers Act, to create a regional housing trust for the purposes of funding housing to assist the homeless population and persons and families of extremely low, very low, and low income within their jurisdictions. The bill would require a regional housing trust created pursuant to these provisions to be governed by a board of directors cons isting of a minimum of 9 directors, as specified. The bill would authorize a regional housing trust to fund the planning and construction of housing, receive public and private financing and funds, and authorize and issue bonds, as specified. The bill would require the joint powers agreement estab lishing the regional housing trust to incorporate specified annual financial reporting and auditing requirements. Status: 12/6/2022-From printer. May be acted upon on or after January 5. SB 34 (Umberg) Surplus land disposal: violations: Orange County. (Introduced: 12/5/2022) Link Current law prescribes requirements for the disposa l of land determined to be su rplus land by a loca l agency. Those requirements include a requirement that a local agency, prior to disposing of a property or participating in negotiations to dispose of that property with a prospective transferee, send a written notice of availability of the property to specified entities, depending on the property's intended use, and send specified information in regard to the disposal of the parcel of surplus land to the Department of Housing and Community Development. Current law, among other enforcement provisions, makes a local agency that disposes of land in violation of these disposal provisions, after receiving notification of violation from the department, liable for a penalty of 30% of the final sa le price of the land sold in violation for a first violation and 50% for any subsequent violation. Under current law, except as specified, a local RPPG Re11ne Publ..: Pohcy G•oup .. {., ".,,,.,..,.,,_, -. agency has 60 days to cure or correct an alleged violation before an enforcement action may be brought. Current law provides for the deposit and use of penalty revenues for housing, as prescribed. This bill, until January 1, 2030, would require the County of Orange, or any city located within Orange County, if notified by the department that its planned sale of surplus land is in violation of existing law, to cure or correct the alleged violation within 60 days, as prescribed. Status: 12/6/2022-From printer. May be acted upon on or after January 5. SB 37 (Caballero) Tenancy. (Introduced: 12/5/2022) Link Would make findings and declarations relating to senior housing and would state the intent of the Legislature to subsequently amend this bill to include provisions than would enact meaningful tenancy reform to ensure that aging adults can remain safely housed. Status: 12/6/2022-From printer. May be acted upon on or after January 5. Public Safety and EMS AB 21 (Gipson) Peace officers: training. (Introduced: 12/5/2022) Link Current law requires specified categories of law enforcement officers to meet training standards pursuant to courses of training certified by the Commission on Peace Officer Standards and Training (POST). Current law requires POST to require field training officers who are instructors for the field training program to have at least 8 hours of crisis intervention behavioral health training to better train new peace officers on how to effectively interact with persons with mental illness or intellectual disability. This bill would require the commission to revise that training to include instruction on how to effectively interact with persons with Alzheimer's disease or dementia. Status: 12/6/2022-From printer. May be heard in committee January 5. AB 23 (Muratsuchil Theft: shoplifting: amount. (Introduced: 12/5/2022) Link Would amend Proposition 47 by reducing the threshold amount for petty theft and shoplifting from $950 to $400. The bill would provide that it shall become effective only when submitted to, and approved by, the voters of California. Status: 12/6/2022-From printer. May be heard in committee January 5. AB 27 (Ta) Sentencing: firearms enhancements. (Introduced: 12/5/2022) Link Current law generally authorizes a court to dismiss an action or to strike or dismiss an enhancement in the furtherance of justice. Current law requires a court to dismiss an enhancement if it is in the furtherance of justice to do so, except if dismissal of that enhancement is prohibited by any initiative statute. This bill would also prohibit a court from dismissing a firearms-related enhancement, as defined. Status: 12/6/2022-From printer. May be heard in committee January 5. RPPG R1>11nc Pub,,c PolJC)' G•oup "I .,...,..,..,.,,, N ,• AB 28 (Gabriel) Firearms: gun violence protection tax. (Introduced: 12/5/2022) Link Current law imposes various taxes, including taxes on the privilege of engaging in certain activities. The Fee Collection Procedures Law, the violation of which is a crime, provides procedures for the collection of certain fees and surcharges. This bill would state the intent of the Legislature to enact legislation that would enact a tax to fund measures to protect against gun violence on firearms and ammunition. Status: 12/6/2022-From printer. May be heard in committee January 5. AB 29 (Gabriel) Firearms: California Do Not Sell List. (Introduced: 12/5/2022) Link Current law makes it a crime to sell or give possession of a firearm to these classes of persons prohibited from owning a firearm. Current law requires the Department of Justice, upon submission of firearm purchaser information by a licensed firearm dealer, to examine its records to determine whether a potential firearm purchaser is prohibited by state of federal law from possessing, receiving, owning, or purchasing a firearm. Current law requires the department to participate in the National Instant Criminal Background Check System. This bill would require the Department of Justice to develop and launch a secure Internet-based platform to allow a person who resides in California to voluntarily add their own name to the California Do Not Sell List. The bill would require the department to ensure that information on the list is uploaded and reflected in the National Instant Criminal Background Check System. The bill would make it a crime, punishable as misdemeanor or a felony, to transfer a firearm to a person who is validly registered on the California Do Not Sell List. Status: 12/6/2022-From printer. May be heard in committee January 5. AB 32 (Nguyen, Stephanie) Violent felonies: hate crimes. (Introduced: 12/5/2022) Link Current law classifies certain felonies as violent felonies for purposes of various provisions of the Penal Code. Current law imposes an additional one-year term for a sexually violent felony and a 3-year term for a violent felony for each prior separate prison term served for a violent felony. This bill would additionally define felony hate crimes as a violent felony, as specified. By increasing the punishment for a crime, this bill would impose a state-mandated local program. Status: 12/6/2022-From printer. May be heard in committee January 5. Introduced measure version corrected. AB 33 (Bains) Fentanyl task force. (Introduced: 12/5/2022) Link Would state the intent of the Legislature to enact legislation relating to a fentanyl task force, in order to identify and address the fentanyl crisis as part of the opioid epidemic in this state. The bill would further state the intent of the Legislature that any future appropriation made for the purpose of implementing the fentanyl task force not exceed an unspecified dollar amount. Status: 12/6/2022-From printer. May be heard in committee January 5. AB 36 (Gabriel) Domestic violence protective orders: possession of a firearm. (Introduced: 12/5/2022) Link RPPG R~nnc Pubic Pohq• G,oup • ..,.._.., ".#!' ,,. •• Current law prohibits a person subject to a protective order, as defined, from owning, possessing, purchasing, or receiving a firearm while that protective order is in effect and makes a willful and knowing violation of a protective order a crime. This bill would state the intent of the Legislature to enact legislation to extend that prohibition for an additional 3 years after the expiration of a protective order, unless the court finds the person to not be a threat to public safety. Status: 12/6/2022-From printer. May be heard in committee January 5. AB 40 (Rodriguez) Emergency medical services. (Introduced: 12/5/2022) 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, current law requires the authority to develop planning and implementation guidelines for EMS systems, provide technical assistance to existing agencies, counties, and cities for the purpose of developing the components of EMS systems, and receive plans for the implementation of EMS and trauma care systems from local EMS agencies. Current law makes a violation ofthe act or regulations adopted pursuant to the act punishable as a misdemeanor. This bill would require the authority to develop an electronic signature for use between the emergency department medical personnel at a receiving facility and the transporting emergency medical personnel that captures the points in time when the hospital receives notification of ambulance arrival and when transfer of care is executed for documentation of ambulance patient offload time, as defined. The bill would require the authority to develop a statewide standard of 20 minutes, 90% of the time, for ambulance patient offload time. Status: 12/6/2022-From printer. May be heard in committee January 5. AB 60 (Bryan) Restorative justice program. (Introduced: 12/6/2022) Link Current law prescribes punishments, including incarceration, for various criminal offenses. Current law authorizes a county to establish a pretrial diversion program for a defendant who has been charged with a misdemeanor offense, with certain exceptions. This bill would state the intent of the Legislature to enact legislation to establish a right for a victim to be informed of and participate in county-approved restorative justice programs, as provided. Status: 1/4/2023-Read first time. AB 70 (Rodriguez) Emergency response: trauma kits. (Introduced: 12/12/2022) Link Current law requires the person or entity responsible for managing the building, facility, and tenants of certain occupied structures, including those that are owned or operated by a local government entity, and that are constructed on or after January 1, 2023, to comply with certain requirements, including acquiring and placing at least 6 trauma kits on the premises, as specified. This bill would apply the trauma kit requirement to certain structures that are constructed prior to January 1, 2023, and subject to subsequent modifications, renovations, or tenant improvements, as specified. Status: 1/4/2023-Read first time. AB 73 (Boerner Horvath) Vehicles. (Introduced: 12/13/2022) Link RPPG R•>nrw Pu.blic Polley G•oup a.ai..,,..~ ...... ,.~ ...•• Would state the intent of the Legislature to enact legislation relating to a stop-as-yield pilot program seeking to improve the flow of traffic by allowing both drivers and bicyclists to move safely at an intersection where there is a stop sign. Status: 1/4/2023-Read first time. AB 74 (Muratsuchi) Vehicles: street takeovers, sideshows, and racing. (Introduced: 12/13/2022) Link Current law makes it a crime for a person to engage in a motor vehicle speed contest on a highway or an exhibition of speed on a highway, or to aid or abet therein. Commencing July 1, 2025, a court may suspend a person's driver's license for 90 days to 6 months for an exhibition of speed, or aiding and abetting an exhibition of speed, if the violation occurred as part of a sideshow. This bill would state the intent of the Legislature to enact legislation relating to street takeovers, sideshows, and racing. Status: 1/4/2023-Read first time. AB 75 (Hoover) Shoplifting: increased penalties for prior crimes. (Introduced: 12/14/2022) Link Current law, as amended by Proposition 47, provides that a registered sex offender or a person with a prior conviction for certain serious or violent felonies, such as a sexually violent offense, who commits petty theft is subject to imprisonment in the county jail for up to one year or in the state prison for 16 months or 2 or 3 years. This bill would reinstate a provision of law that was repealed by Proposition 47 that provides that a person who has been convicted 3 or more times of petty theft, grand theft, or other specified crimes and who is subsequently convicted of petty theft is subject to imprisonment in a county jail not exceeding one year or in a county jail for 18 months or 2 or 3 years. The bill would also make this provision and the provision relating to a person with serious, violent, or sexual prior offenses applicable to a person whose prior or current conviction is for shoplifting. Status: 1/4/2023-Read first time. AB 78 (Ward) Grand juries. (Introduced: 12/15/2022) Link Current law permits a grand jury to inquire into all public offenses committed or triable within the county and present them to the court by indictment. Current law requires the fees for grand jurors to be $15 per each day's attendance as a grand juror. This bill would require that fee to be equal to 70% of the county median daily income for each day's attendance. By increasing the fee for grand jurors, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. Status: 1/4/2023-Read first time. AB 79 (Weber) Law enforcement agency policies: remotely operated force options. (Introduced: 12/15/2022) Link Would express the intent of the Legislature to enact legislation to regulate, limit, and require the reporting of the use of deadly force by a law enforcement agency by means of remotely operated equipment. Status: 1/4/2023-Read first time. RPPG R,mn,, Publ c Pohc~· G•oup " ., ....... , ,,. " .. AB 88 (Sanchez) Criminal procedure: victims' rights. (Introduced: 1/4/2023) Link Current law authorizes a court, under specified circumstances, to resentence a defendant convicted of a felony offense. Under current law, resentencing can be granted without a hearing upon stipulation of the parties. This bill would require a victim of the crime who wishes to be heard regarding the resentencing to notify the prosecution of their request for a hearing within 15 days of being notified that resentencing is being sought, and would require the court to provide an opportunity for the victim to be heard. Status: 1/5/2023-From printer. May be heard in committee February 4. AB 89 (Sanchez) Parole hearings: attorney notice. (Introduced: 1/4/2023) Link Current law requires the Board of Parole Hearings, among other responsibilities, to conduct parole suitability hearings and determine whether an inmate is suitable for parole. Current law authorizes the victim, the victim's next of kin, the victim's family members, or 2 representatives designated by the victim or next of kin, to appear, personally or by counsel, at parole suitability hearings and to express their views concerning the inmate and the case. This bill would require the district attorney's office or the Attorney General's office that prosecuted the case to provide reasonable notice to the board and to the crime victim, victim's next of kin, or members of the victim's family if they will not be sending a representative to a parole hearing, thereby creating a state-mandated local program. Status: 1/5/2023-From printer. May be heard in committee February 4. AB 92 (Connolly) Body armor: prohibition. (Introduced: 1/5/2023) Link Current law makes it a felony for a person who has been convicted of a violent felony to purchase, own, or possess body armor. Current law authorizes a person subject to that prohibition, whose employment, livelihood, or safety is dependent on the ability to legally possess and use body armor, to file a petition for an exception to the prohibition with the chief of police or county sheriff of the jurisdiction in which the person seeks to possess and use the body armor, as provided. This bill would repeal those provisions and instead make it a felony for a person to commit any violent felony while possessing a firearm and in the course of and in furtherance of that crime they wear body armor. The bill would make it a misdemeanor for any person to purchase or take possession of body armor, unless they are employed in specified professions. Status: 1/6/2023-From printer. May be heard in committee February 5. AB 93 (Bryan) Criminal procedure: consensual searches. (Introduced: 1/9/2023) Link Would state the intent of the Legislature to enact legislation to prohibit officers from requesting co nsent to conduct a search if the officer does not suspect criminal activity. Status: 1/10/2023-From printer. May be heard in committee February 9. RPPG R<.>Me Pub..c, Policy G•oup -~ ,,, ...... ,.,.. -~· AB 97 (Rodriguez) Firearms: unserialized firearms. (Introduced: 1/9/2023) Link Current law prohibits the transfer or possession of a firearm with a serial number that has been altered, removed, or obliterated. A violation of this prohibition is punishable as a misdemeanor. Current law requires a person, other than a licensed manufacturer, who assembles or manufactures a firearm, or any person who possesses an unserialized firearm, to obtain a unique serial number from the Department of Justice and to inscribe that serial number on the firearm, as specified. A violation of this requirement is punishable as a misdemeanor. This bill would make the possession of an unserialized firearm or possession of a firearm with an altered, removed, or obliterated serial number punishable as a felony. By increasing the punishment for these crimes, this bill would impose a state-mandated local program. Status: 1/10/2023-From printer. May be heard in committee February 9. AB 229 (Patterson, Joel Violent felonies. (Introduced: 1/11/2023) Link Would expand the crimes that are within the definition of a violent felony for all purposes, including for purposes of the Three Strikes Law, to include additional forms of sexual crimes, as defined, human trafficking, as defined, and felony domestic violence, as defined. By expanding the scope of an enhancement, this bill would impose a state-mandated local program. Status: 1/12/2023-From printer. May be heard in committee February 11. SB 2 (Portantino) Firearms. (Introduced: 12/5/2022) Link Would state the intent of the Legislature to enact legislation to address the United States Supreme Court's decision in New York State Rifle & Pistol Ass'n, Inc. v. Bruen (2022). Status: 12/6/2022-From printer. May be acted upon on or after January 5. SB 8 (Blakespearl Firearms. (Introduced: 12/5/2022) Link Current law authorizes a court to issue a temporary gun violence restraining order prohibiting a person from possessing a firearm or ammunition if there is reasonable cause to believe that a person poses a significant danger of harm to themselves or to another person by having a firearm. This bill would state the intent of the Legislature to enact legislation relating to gun violence prevention. Status: 12/6/2022-From printer. May be acted upon on or after January 5. SB 19 (Seyartol Anti-Fentanyl Abuse Task Force. (Introduced: 12/5/2022) Link Would, upon appropriation by the Legislature, establish the Anti-Fentanyl Abuse Task Force to undertake various duties relating to fentanyl abuse including, among others, collecting and organizing data on the nature and extent of fentanyl abuse in California and evaluating approaches to increase public awareness offentanyl abuse. The bill would require the task force to be chaired by the Attorney General, or their designee, 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 March 1, 2024, and would require the task force to meet at least once every 2 months. The bill would require the task force to report its findings and RPPG R<:>nne Put., ,c Pohc~· G•oup •~.-1-... .... -1• recommendations to the Attorney General, the Governor, and the Legislature by July 1, 2025. The bill would repeal these provisions on January 1, 2026. Status: 12/6/2022-From printer. May be acted upon on or after January 5. SB 50 (Bradford) Criminal procedure: arrests. (Introduced: 12/5/2022) Link Would state the intent of the Legislature to enact legislation relating to limiting a peace officer's authority to initiate pretextual stops to reduce racial profiling and the harm stemming from such stops. Status: 12/6/2022-From printer. May be acted upon on or after January 5. SB 54 (Skinner) Firearms. (Introduced: 12/6/2022) Link Current law requires any firearm sold, transferred, or manufactured in this state to include certain firearm safety devices and the packaging of any firearm and any descriptive material that accompany any firearm to bear a label with a specified warning statement. Current law makes a violation of these provisions punishable by a fine on the first offense, a fine and prohibition from the manufacturing or selling of firearms in this state for 30 days on the second offense, and a permanent prohibition from the manufacturing or selling of firearms in this state on the third offense. This bill would make technical, nonsubstantive changes to these provisions. Status: 1/4/2023-Read first time. SB 55 (Umberg) Vehicles: catalytic converters. (Introduced: 12/6/2022) Link Would prohibit a motor vehicle dealer or retailer from selling a new motor vehicle equipped with a catalytic converter unless the catalytic converter has been engraved or etched with the vehicle identification number of the vehicle to which it is attached. A violation of this provision would be punishable as an infraction. This bill contains other related provisions and other existing laws. Status: 1/4/2023-Read first time. SB 58 (Wiener) Controlled substances: decriminalization of certain hallucinogenic substances. (Introduced: 12/16/2022) Link Current law categorizes certain drugs and other substances as controlled substances and prohibits various actions related to those substances, including their manufacture, transportation, sale, possession, and ingestion. This bill would make lawful the possession, preparation, obtaining, transfer, as specified, or transportation of, specified quantities of psilocybin, psilocyn, dimethyltryptamine (DMT), ibogaine, and mescaline, for personal use or facilitated or supported use, as defined, by and with persons 21 years of age or older. The bill would provide penalties for possession of these substance on school grounds, or possession by, or transferring to, persons under 21 yea rs of age. Status: 1/4/2023-Read first time. RPPG P•mne Putie .. Pohcy G,oup .. ,,,_y......., .... ,_ ... SB 62 (Nguyen) Controlled substances: fentanyl. (Introduced: 1/4/2023) Link Current 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 impose that additional term upon, and authorize a fine against, a defendant who violates those laws with respect to a substance containing fentanyl. By increasing the penalty for a crime, the bill would impose a state-mandated local program. Status: 1/5/2023-From printer. May be acted upon on or after February 4. SB 64 (Umberg) Hate crimes: search warrants. (Introduced: 1/4/2023) Link Current law specifies the grounds upon which a sea rch warrant may be issued, including, among other grounds, when the property or things to be seized constitute evidence showing that a felony has been committed. This bill would authorize a search warrant to be issued on the grounds that the property or things to be seized consists of evidence that tends to show that certain misdemeanor hate crimes, as defined, have occurred or are occurring. Status: 1/5/2023-From printer. May be acted upon on or after February 4. SB 67 (Seyarto) Controlled substances: overdose reporting. (Introduced: 1/5/2023) Link Would require an emergency medical services provider who treats and releases or transports an individual to a medical facility who is experiencing a suspected or an actual overdose to report the incident to the Emergency Medical Services Authority. The bill requires the authority to report the data gathered pursuant to the bill to the Overdose Detection Mapping Application Program managed by the Washington/Baltimore High Intensity Drug Trafficking Area program. Status: 1/6/2023-From printer. May be acted upon on or after February 5. SB 71 (Umberg) Jurisdiction: small claims and limited civil case. (Introduced: 1/9/2023) Link Current law provides that the small claims court has jurisdiction over actions seeking certain forms of relief, including money damages in specified amounts and claims brought by natural persons, not exceeding $10,000, except as specified. Cu rrent law requires an action or special proceeding to be treated as a limited civil case if certain conditions exist, including, among others, that the amount in controversy does not exceed $25,000. This bill would increase the small claims court jurisdiction over actions brought by a natural person, if the amount does not exceed $25,000, except as specified, and would also increase the amount in controversy permitted in other specified actions within the jurisdiction of the small claims court. The bill would increase the limit on the amount in controversy for an action or special proceeding to be treated as a limited civil case to $100,000. Status: 1/10/2023-From printer. May be acted upon on or after February 9. SB 76 (Wiener) Alcoholic beverages: music venue license: entertainment zones: consumption. (Introduced: 1/11/2023) Link RPPG Rl>M(' Pub,.,; Policy G•oup ·~~ ...... ,..,_,_ . Current law provides for various annual fees for the issuance of alcoholic beverage licenses, depending upon the type of license issued. Current law authorizes the Department of Alcoholic Beverage Control to issue a music venue license, as defined, that would allow the licensee to sell beer, wine, and distilled spirits at retail for consumption on the premises in a music entertainment facility, as defined. This bill would authorize a licensee under a music venue license to apply to the department for a caterer's permit that would authorize the sale of beer, wine, and distilled spirits for consumption at events only upon the licensed music entertainment facility premises. The bill would also authorize a music venue license to apply to the department for an event permit, as specified. The bill would impose a fee for a caterer's permit for a licensee under a music venue license and for an event permit for a licensee under a music venue license, which would be deposited in the Alcohol Beverage Control Fund, and would make other conforming changes. Status: 1/12/2023-From printer. May be acted upon on or after February 11. SB 78 (Glazer) Criminal procedure: factual innocence. (Introduced: 1/12/2023) Link Current law authorizes a person who is unlawfully imprisoned under specified circumstances, including, without limitation, conviction on the basis of false evidence or the existence of new excu lpatory evidence, to prosecute a writ of habeas corpus ordering their release. Current law also authorizes such a person who is no longer in custody to prosecute a motion to vacate a judgment. Under current law, if the district attorney stipulates to or does not contest the factual allegations underlying the application for the writ or motion, the district attorney is required to provide notice to the Attorney General. This bill would require that notice to be given no less than 7 days before entering a stipulation. Status: 1/13/2023-From printer. May be acted upon on or after February 12. SB 81 (Becker) Parole hearings. (Introduced: 1/12/2023) Link Would state the intent of the Legislature to enact legislation to increase transparency, predictability, and accountability of parole suitability hearings. Status: 1/13/2023-From printer. May be acted upon on or after February 12. Revenue and Taxation AB 16 (Dixon) Motor Vehicle Fuel Tax Law: adjustment suspension. (Introduced: 12/5/2022) Link The Motor Vehicle Fuel Tax Law, administered by the California Department of Tax and Fee Administration, imposes a tax upon each gallon of motor vehicle fuel removed from a refinery or terminal rack in this state, entered into this state, or sold in this state, at a specified rate per gallon. Existing law requires the department to adjust the tax on July 1 each year by a percentage amount equal to the increase in the California Consumer Price Index, as calcu lated by the Department of Finance. Article XIX of the California Constitution restricts the expenditure of revenues from the Motor Vehicle Fuel Tax, Diesel Fuel Tax Law, and other taxes imposed by the state on fuels used in motor vehicles upon public streets and highways to street and highway and certain mass transit purposes. This bill would authorize the Governor to suspend an adjustment to the motor vehicle fuel tax, as described above, scheduled on or after July 1, 2024, upon making a determination that increasing the rate would impose an undue burden on low-income and middle-class RPPG Rr-nnc Pub JC Policy G·oup Al ......... ,. ... ,,_~ E• families. The bill would require the Governor to notify the Legislature of an intent to suspend the rate adjustment on or before January 10 of that year, and would require the Department of Finance to submit to the Legislature a proposal by January 10 that would maintain the same level of funding for transportation purposes as would have been generated had the scheduled adjustment not been suspended. Status: 12/6/2022-From printer. May be heard in committee January 5. AB 52 (Grayson) Sales and Use Tax Law: manufacturing equipment: research and development equipment. (Introduced: 12/5/2022) Link The Sales and Use Tax Law imposes state taxes on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. The Sales and Use Tax Law provides various exemptions from those taxes, including an exemption from those taxes, on and after July 1, 2014, and before July 1, 2030, for the gross receipts from the sale of, and the storage, use, or other consumption of, qualified tangible personal property, as defined, that is, among other things, purchased by a qualified person for purchases for use primarily in manufacturing, processing, refining, fabricating, or recycling of tangible personal property, as specified, or purchased for use by a qualified person to be used primarily in research and development. Current law prohibits the exemption described above from applying with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, the Bradley-Burns Uniform Local Sales and Use Tax Law or the Transactions and Use Tax Law, sales and use taxes imposed pursuant to certain provisions of the Sales and Use Tax Law, and sales and use taxes imposed pursuant to certain provisions of the California Constitution. This bill would express the intent of the Legislature to expand the sales and use tax exemption for manufacturing and research and development equipment to preserve California's status as a hub of innovation and technology and to encourage greater investment in California. Status: 12/6/2022-From printer. May be heard in committee January 5. AB 53 (Fong, Vince) Motor Vehicle Fuel Tax Law: suspension of tax. (Introduced: 12/5/2022) Link Would suspend the imposition of the tax on motor vehicle fuels for one year. The bill would require that all savings realized based on the suspension of the motor vehicle fuels tax by a person other than an end consumer, as defined, be passed on to the end consumer, and would make the violation of this requirement an unfair business practice, in violation of unfair competition laws, as provided. The bill would require a seller of motor vehicle fuels to provide a receipt to a purchaser that indicates the amount of tax that would have otherwise applied to the transaction. Status: 12/6/2022-From printer. May be heard in committee January 5. AB 59 (Gallagher) Taxation: renter's credit. (Introduced: 12/6/2022) Link The Personal Income Tax Law authorizes various credits against the taxes imposed by that law, including a credit for qualified renters in the amount of $120 for spouses filing joint returns, heads of household, and surviving spouses if adjusted gross income is $50,000, as adjusted, or less, and in the amount of $60 for other individuals if adjusted gross income is $25,000, as adjusted, or less. Current law requires the Franchise Tax Board to annually adjust for inflation these adjusted gross income amounts. For 2021, the adjusted gross income limit is $87,066 and $43,533, respectively. Current law requires any bill authorizing a new tax credit to contain, among other things, specific goals, purposes, and RPPG R~nn!! Pu~ • Pohq· G·oup ,.a,......_,~,..,,,. .. ~· objectives that the tax credit will achieve, detailed performance indicators, and data collection requirements. This bill, for taxable years beginning on or after January 1, 2022, and before January 1, 2027, would extend the above-described renter's credit to spouses filing joint returns, heads of household, and surviving spouses if adjusted gross income is $150,000, as adjusted, or less, and for other individuals if adjusted gross income is $75,000, as adjusted, or less. The bill would, for ta·xable years beginning on or after January 1, 2023, and before January 1, 2027, require the Franchise Tax Board annually adjust these adjusted gross income amounts for inflation, as described. Status: 1/4/2023-Read first time. AB 84 (Ward) Property tax: welfare exemption: affordable housing. (Introduced: 12/16/2022) Link Current property tax law, in accordance with the California Constitution, provides for a "welfare exemption" for property used exclusively for religious, hospital, scientific, or charitable purposes and that is owned or operated by certain types of nonprofit entities, if certain qualifying criteria are met. Under current property tax law, property that meets these requirements that is used exclusively for rental housing and related facilities is entitled to a partial exemption, equal to that percentage of the value of the property that is equal to the percentage that the number of units serving lower income households represents of the total number of residential units, in any year that any of certain criteria apply, including that the property be subject to a legal restriction that provides that units designated for use by lower income households are continuously available to or occupied by lower income households, at rents not exceeding specified limits. For the 2018-19 fiscal year through the 2027-28 fiscal year, in the case of an eligible owner of property receiving a low-income housing tax credit under specified federal law, existing property tax law requires that a unit continue to be treated as occupied by a lower income household for these purposes if the occupants were lower income households on the lien date in the fiscal year in which their occupancy of the unit commenced and the unit continues to be rent restricted, notwithstanding an increase in the income of the occupants of the unit to 140% of area median income, adjusted for family size. This bill, beginning with the 2024-25 fiscal year, would remove the requirement that an eligible owner of property receive a low-income housing tax credit and would instead require that a unit continue to be treated as occupied by a lower income household, as described above, if the property is subject to a legal restriction that provides that units designated for use by lower income households are continuously available to or occupied by lower income households, at rents not exceeding specified limits. Status: 1/4/2023-Read first time. ABX1 2 (Fong. Vince) Motor Vehicle Fuel Tax Law: suspension of tax. (Introduced: 12/5/2022) Link Would suspend the imposition of the tax on motor vehicle fuels for one year. The bill would require that all savings realized based on the suspension of the motor vehicle fuels tax by a person other than an end consumer, as defined, be passed on to the end consumer, and would make the violation of this requirement an unfair business practice, in violation of unfair competition laws, as provided. The bill would require a seller of motor vehicle fuels to provide a receipt to a purchaser that indicates the amount of tax t_hat would have otherwise applied to the transaction. Status: 12/5/2022-Read first time. To print. SB 5 (Nguyen) Motor Vehicle Fuel Tax Law: limitation on adjustment. (Introduced: 12/5/2022) Link RPPG Re-nn1, Public Polley G•oup .,t_.,..,...,. .. ,;,,o ~• The Motor Vehicle Fuel Tax Law, administered by the California Department of Tax and Fee Administration, imposes a tax upon each gallon of motor vehicle fuel removed from a refinery o r terminal rack in this state, entered into this state, or sold in this state, at a specified rate per gallon. Current law requires the department to annually adjust the tax imposed by increasing the rates based on the California Consumer Price Index, as specified. This bill would limit the above-described annual adjustment to a maximum of 2% for rate adjustments made on or after July 1, 2023. This bill contains other related provisions. Status: 12/6/2022-From printer. May be acted upon on or after January 5. SB 32 (Jones) Motor vehicle fuel tax: greenhouse gas reduction programs: suspension. (Introduced: 12/5/2022) Link The California Global Warming So lutions Act of 2006 requires the state board to adopt rules and regulations to achieve the maximum t echnologically feasible and cost -effective greenhouse gas emissions reductions to ensure that the statewide greenhouse gas emissions are reduced to at least 40% below the st atewide greenhouse gas emissions limit, as defined, no later than December 31, 2030. Pursuant to the act, the State Air Resources Board has adopted the Low Carbon Fuel Standard regulations. The act authorizes the state board to include in its regulation of those emissions the use of market-based compliance mechanisms. Current law requires all moneys, except for fines and penalties, collected by the state board from the auction or sa le of allowances as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund. This bill would suspend the Low Carbon Fuel Standard regulations for one year. The bill would also exempt suppliers of transportation fuels from regulations for the use of market-based compliance mechanisms for one year. Status: 12/6/2022-From printer. May be acted upon on or after January 5. SBXl 1 (Jones) Motor vehicle fuel tax: greenhouse gas reduction programs: suspension. (Introduced: 12/5/2022) Link The California Global Warming Solutions Act of 2006 requires the State Air Resources Board to adopt rules and regulations to achieve the maximum technologically feasible and cost-effective greenhouse gas emissions reductions to ensure that the statewide greenhouse gas emissions are reduced to at least 40% below the statewide greenhouse gas emissions limit, as defined, no later than December 31, 2030. Pursuant to the act, the state board has adopted the Low Carbon Fuel Standard regulations. The act authorizes the state board to include in its regulation of t hose emissions the use of market-based com pliance mechanisms. Current law requires all moneys, except for fines and penalties, collect ed by the state board from the auction or sale of allowances as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund. This bill would suspend the Low Carbon Fuel Standard regulations for one year. The bill would also exempt suppliers of transportation fuels from regulations for the use of market-based compliance mechanisms for one year. Status: 12/5/2022-lntroduced. Read first time. Referred to Com. on RLS. Transportation and Public Works AB 6 (Friedman) Transportation planning. (Introduced: 12/5/2022) Link Current law requires certain transportation planning agencies to prepare and adopt regional transportation plans directed at achieving a coordinated and balanced regional transportation system. Current law requires each regional transportation plan to also include a sustainable communities strategy prepared by each metropolitan planning RPPG organization in order to, among other things, achieve certain targets established by the State Air Resources Board for the reduction of greenhouse gas emissions from automobiles and light trucks in the region for 2020 and 2035, respectively. This bill would state the intent of the Legislature to enact subsequent legislation that would require regional transportation agencies to prioritize and fund transportation projects, including those funded by a local sales tax measure, that significantly contribute towards the goals outlined in a region's sustainable communities strategy and the state's climate goals. Status: 12/6/2022-From printer. May be heard in committee January 5. AB 7 (Friedman) Transportation: funding: capacity projects. (Introduced: 12/5/2022) Link Current law requires the Department of Transportation to improve and maintain the state's highways, and establishes various programs to fund the development, construction, and repair of local roads, bridges, and other critical transportation infrastructure in the state. This bill would state the intent of the Legislature to enact subsequent legislation that would eliminate single occupancy vehicle freeway capacity projects, and allow capacity projects only for bus rapid transit, rail, active transportation purposes, projects that significantly add safety, and projects that significantly reduce congestion, without interfering with existing maintenance and rehabilitation needs. Status: 12/6/2022-From printer. May be heard in committee January 5. AB 69 (Waldron) Transportation: traffic signal synchronization: roadway improvement projects. (Introduced: 12/9/2022) Link The State Air Resources Board is required to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020 and to ensure that statewide greenhouse gas emissions are reduced to at least 40% below the 1990 level by 2030, and to adopt rules and regulations in an open public process to achieve the maximum, technologically feasible, and cost-effective greenhouse gas emissions reductions. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board from the auction or sale of allowances as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation. Current law requires the Department of Finance, in consultation with the state board and any other relevant state agency, to develop, as specified, a 3-year investment plan for the moneys deposited in the Greenhouse Gas Reduction Fund. Current law authorizes moneys in the fund to be allocated, as specified, for an investment in a traffic signal synchronization component that is part of a sustainable infrastructure project if the component is designed and implemented to achieve cost-effective reductions in greenhouse gas emissions and includes specific emissions reduction targets and metrics to evaluate the project's effect. This bill would additionally authorize moneys in the fund to be allocated for an investment in a traffic signal synchronization component that is part of a roadway improvement project requiring multiple signals, including, but not limited to, multimodal redevelopment projects, rail trail projects, urban renewal projects, or a project near transit facilities, if the component is designed and implemented to achieve cost-effective reductions in greenhouse gas emissions and includes specific emissions reduction targets and metrics to evaluate the project's effect. Status: 1/4/2023-Read first time. RPPG Rrmnl:' Public Policy Group ,.~J ...... ,.~ .... G,-.• AB 96 (Kalra) Public employment: local public transit agencies: autonomous transit vehicle technology. (Introduced: 1/9/2023) Link Would require a public transit employer to provide written notice to the exclusive employee representative of the workforce affected by autonomous transit vehicle technology of its determination to begin, or its substantive progress toward initiating, any procurement process or a plan to acquire or deploy any autonomous transit vehicle technology for public transit services that would eliminate job functions or jobs of the workforce to which the autonomous transit vehicle technology applies not less than 12 months before commencing the process, plan, or deployment. The bill would require a public transit employer, upon a written request of the exclusive employee representative, to provide specified information to the exclusive employee representative, including the potential gaps in skills that may result from the new service. The bill would require the public transit employer, following the written request for information by the exclusive employee representative, and within 30 days of receiving the specified information, to commence collective bargaining on specified subjects, including creating plans to train and prepare the affected workforce to fill new positions created by the autonomous transit vehicle technology. Status: 1/10/2023-From printer. May be heard in committee February 9. AB 99 (Connolly) State highways: vegetation management: herbicides and pesticides. (Introduced: 1/9/2023) Link Current law prohibits each state agency that has responsibility for roadside vegetation control operations on, or along, a roadway, including a state highway, from conducting a roadside vegetation control operation on a portion of the roadway for which a property owner has made a request for information related to the roadside vegetation control operation until certain conditions are satisfied, as specified. This bill would require the Department ofTransportation to develop and adopt a statewide policy to discontinue roadside spraying of herbicides and synthetic pesticides in each county where the county board of supervisors has adopted a resolution that opposes the spraying of herbicides and synthetic pesticides in the county, except where no alternative vegetation management practice is feasible or during a state of emergency relating to wildfire if the spraying is solely for purposes of preventing, combating, or mitigating the risk of wildfire. Status: 1/10/2023-From printer. May be heard in committee February 9. Water and Wastewater AB 62 (Mathis) Statewide water storage: expansion. (Introduced: 12/6/2022) Link Would establish a statewide goal to increase above-and below-ground water storage capacity by a total of 3,700,000 acre-feet by the year 2030 and a total of 4,000,000 acre-feet by the year 2040. The bill would require the State Water Resources Control Board, in consultation with the Department of Water Resources, to design and implement measures to increase statewide water storage to achieve the statewide goal. The bill would require the state board, beginning July 1, 2027, and on or before July 1 every 2 years thereafter until January 1, 2043, in consultation with the department, to prepare and submit a report to the Legislature on the progress made in designing and implementing measures to achieve the statewide goal. Status: 1/4/2023-Read first time. RPPG RP.111W Public Pohcy Group ,. ,,._ ,, ...... "# ·-1• ACA 2 (Alanis) Public resources: Water and Wildfire Resiliency Act of 2023. (Introduced: 12/5/2022) Link Would establish the Water and Wildfire Resiliency Fund within the State Treasury, and would require the Treasurer to annually transfer an amount equal to 3% of all state revenues that may be appropriated as described from the General Fund to the Water and Wildfire Resiliency Fund. The measure would require the moneys in the fund to be appropriated by the Legislature and would require that 50% of the moneys in the fund be used for water projects, as specified, and that the other 50% of the moneys in the fund be used for forest maintenance and health projects, as specified. Status: 12/6/2022-From printer. May be heard in committee January 5. SB 23 (Caballero) Water supply and flood risk reduction projects: expedited permitting. (Introduced: 12/5/2022) Link The California Safe Drinking Water Act provides for the operation of public water systems and imposes on the State Water Resources Control Board various duties and responsibilities for the regulation and control of drinking water in the state, including, among other things, overseeing the issuance and enforcement of public water system permits, as provided. Current law authorizes specified works of improvement for the control, conservation, and utilization of destructive flood waters and the reclamation and protection of lands that are susceptible to overflow by flood waters. This bill would express the intent of the Legislature to enact subsequent legislation to expedite the regulatory permitting process for water supply and flood risk reduction projects, as provided. Status: 12/6/2022-From printer. May be acted upon on or after January 5. SB 66 (Hurtado) Water: predictive models and data collection. (Introduced: 1/5/2023) Link Current law requires the Department of Water Resources, as part of updating The California Water Plan every five years, to conduct a study to determine the amount of water needed to meet the state's future needs and to recommend programs, policies, and facilities to meet those needs. This bill would state the intent of the Legislature to ensure that reliable predictive models and data collection systems are used to properly forecast and allocate surface water. Status: 1/6/2023-From printer. May be acted upon on or after February 5. Attachment B JANUARY 1◄, 2023 President Joseph R. Biden, Jr. Approves California Disaster Declaration Today, President Joseph R. Biden, Jr. declared that a major disaster exists in the State of California and ordered Federal aid to supplement State, tribal, and local recovery efforts in the areas affected by severe winter storms, fl ooding, landsl ides, and mudslides beginning on December 27, 2022, and continuing. The President's action makes Federal funding available to affected individuals in the counties of Merced, Sacramento, and Santa Cruz. Assistance can include grants for temporary housing and home repairs, low-cost loans to cover uninsured property losses, and other programs to help individuals and business owners recover from the effects of the disaster. Federal funding also is available to State, tribal, and eligible local governments and certain private nonprofit organizations on a cost-sharing basis for emergency work in the counties of Merced, Sacramento, and Santa Cruz. Lastly, Federal funding is available on a cost-sharing basis for hazard mitigation measures statewide. Deanne Criswell, Administrator, Federal Emergency Management Agency (FEMA), Department of Homeland Security, named Andrew F. Grant as the Federal Coordinating Officer for Federal recovery operations in the affected areas. Damage assessments are continuing in other areas, and additional areas may be designated for assistance after the assessments are fu lly completed. Residents and business owners who sustained losses in the designated areas can begin applying for assistance at www.DisasterAssistance.gov, by calling 800-621-FEMA (3362), or by using the FEMA App. Anyone using a relay service, such as video relay service (VRS), captioned telephone service or others, can give FEMA the number for that service. FOR FURTHER INFORMA Tl ON MEDIA SHOULD CONT ACT THE FEMA NEWS DESK AT (202) 646-3272 OR FEMA-NEWS-DESK@FEMA.DHS.GOV. Jan. 24, 2023 Item #2 Page 38 of 38 https://www.whitehouse.gov/briefing-room/statements-releases/2023/01/14/president-joseph-r-biden-jr-approves-california-disaster-<leclaration-3/ 1/1