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