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HomeMy WebLinkAbout2023-05-09; City Council Legislative Subcommittee; ; Legislative and Advocacy UpdateLEGISLATIVE SUBCOMMITTEE Staff Report Meeting Date: May 9, 2023 To: Legislative Subcommittee From: Jason Haber, Intergovernmental Affairs Director Staff Contact: Jason Haber, Intergovernmental Affairs Director jason.haber@carlsbadca.gov, 442-339-2958 Subject: Legislative and Advocacy Update District: All Recommended Action Receive updates on 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 legis_lative activity (Exhibits 1 and 2) and the priority legi slation and intergovernmental matters being tracked on behalf of the city (Exhibit 3). During Public Comment at the April 11, 2023, City Council meeting, a member of the public requested that the city support AB 1207 (Irwin) Cannabis: labeling and advertising, and provided the attached fact sheet (Exhibit 4). The bill is included in this month's Priority Bill List and a Support position is consistent with the following Legislative Platform position statements: Healthy Cities (a) Support legislation that recognizes and prevents adverse impacts affecting public health and the welfare of all residents, visitors and workers, and especially the young. Drugs and Alcohol (a) Support measures which strengthen present state or federal laws to increase penalties and give local governments the power to restrict or regulate the sale, manufacture, or use of dangerous drugs. The Subcommittee is requested to provide feedback to help city staff and the city's lobbying consultants focus the city's advocacy efforts on high-priority bills and to identify bills for future City Council consideration. May 9, 2023 Item #2 Page 1 of 53 Positions taken to date: • 2023-24 State Budget R~quest to SUPPORT the California Green Business Program • AB 40 (Rodriguez) -Emergency medical services-SUPPORT Location: Assembly Appropriations • AB 557 (Hart) -Open meetings: local agencies: teleconferences -SUPPORT Location: Assembly Floor • AB 584 (Hart) -Coastal Commission: Emergency Waivers -SUPPORT Location: Senate Natural Resources • AB 742 (Jackson) Law enforcement: police canines -OPPOSE Location: Assembly Floor • AB 817 (Pacheco) -Open meetings: teleconferencing: subsidiary body-SUPPORT Location: Held in Assembly Local Government • AB 1188 (Boerner) -Transportation: bicycle safety handbook -SUPPORT Location: Assembly Appropriations • AB 1484 (Zbur) -Temporary public employees -OPPOSE Location: Assembly Appropriations • AB 1708 -Theft-SUPPORT Location: Failed in Assembly Public Safety • SB 43 (Eggman) -Behavioral Health -SUPPORT Location: Senate Appropriations • SB 363 (Eggman) -Facilities for inpatient and residential mental health and substance use disorder: database -SUPPORT Location: Senate Appropriations Suspense File • SB 381 (Min) -Electric bicycles: study-SUPPORT Location: Assembly Transportation • SB 423 (Wiener) Land use: streamlined housing approvals: multifamily housing -OPPOSE Location: Senate Appropriations • SB 428 (Blakespear) -Temporary restraining orders: employee harassment -SPONSOR/SUPPORT Location: Senate Appropriations Suspense File • SB 689 (Blakespear) -Local coastal program: conformity determination -SUPPORT Location: 2-Year Bill • SB 747 (Caballero) -Land use: economic development: surplus land -SUPPORT Location: Senate Appropriations Next Steps Staff and the city's contract lobbyists will monitor, evaluate, and engage the Legislative Subcommittee in a discussion of legislative activity and proposed measures that may impact city operations and policy priorities throughout the 2023/2024 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 72 hours before the scheduled meeting date. Exhibits l. Carpi & Clay -Federal Update 2. Renne Public Policy Group -State Update 3. Carlsbad Priority Bill List -May 4, 2023 4. AB 1207 -Fact Sheet May 9, 2023 Item #2 Page 2 of 53 City of Carlsbad Federal Update April 28, 2023 President Biden Signs Resolution Ending COVID-19 National Emergency On April 10th, President Biden signed a joint resolution (H.J. Res. 7) to terminate the national emergency related to the COVID-19 pandemic. The national emergency was declared March 12th, 2020. President Biden Announces New Environmental Justice Office President Biden signed an Executive Order (EO), Revitalizing Our Nation's Commitment to Environmental Justice for All, that outlines additional Administration environmental justice (EJ) policy goals and establishes the Office of Environmental Justice within the White House Council on Environmental Quality. The office will be led by a Federal Chief Environmental Justice Officer and will coordinate the implementation of EJ policies across the federal government. Text of the EO can be found HERE. and fact sheet can be found HERE. OIRA Proposes Changes to Federal Rulemaking Process The White House Office of Information and Regulatory Affairs (OIRA) released a proposal to revise the federal rulemaking process. OIRA's proposed revisions include raising the threshold for rules deemed economically significant enough to require White House vetting from $100 million to $200 million, as measured in annual economic impacts, and changes to guidance on valuing discount rates and avoided costs for low-income and disadvantaged communities. Comments are due by June 6th and more information can be found HERE. EPA Greenhouse Gas Reduction Fund Update The Environmental Protection Agency (EPA) released an Implementation Framework for the $27 billion Greenhouse Gas Reduction Fund, which was created as part of the Inflation Reduction Act (IRA). EPA will divide the $27 billion into three different grant programs. Each program will be administered separately, and EPA expects that these grant opportunities will work in tandem. • National Clean Investment Fund ($14 billion): This program will fund two to three national nonprofits that will partner with private capital providers to deliver financing at scale to businesses, communities, community lenders, and others, catalyzing clean technology projects to accelerate progress toward energy independence and net-zero emissions. May 9, 2023 www.carpiclay.com Item #2 1 Page 3 of 53 ■ Clean Communities Investment Accelerator ($6 billion): This program will fund two to seven hub nonprofits with plans and capabilities to build the clean financing capacity of specific networks of public, quasi-public, and non-profit community lenders-including community development financial institutions, credit unions, green banks, housing finance agencies, and minority depository institutions-to ensure that households, small businesses, schools, and community institutions in low-income and disadvantaged communities provide access to financing for clean technology projects. • Solar for All ($7 billion): This program will provide up to 60 grants to states, tribal governments, municipalities, and nonprofits to prepare additional low-income and disadvantaged communities for residential and community solar deployment. EPA is accepting technical feedback and comments on the framework. Comments can be submitted to ~~rf@epa.~ovand are due by May 12th at 11:59 pm ET. Additionally, EPA plans to hold listening sessions regarding the framework in the coming weeks. The Implementation Framework can be found HERE. Census Bureau Publishes Population Estimates Challenge Final Rule The U.S. Census Bureau published its final rule for the Population Estimates Challenge Program. This program provides local governmental entities with an opportunity to submit requests challenging the Census Bureau's population estimate of their jurisdiction beginning with the population estimates for 2022, known as the "Vintage 2022" series, set for release in 2023. The final rule revises the evidence required to support a challenge, increases communication with local governments, and updates rule references to Census Bureau data. More information can be found HERE. EPA Issues Proposed Rules Updating Vehicle Emissions Standards EPA announced new proposed vehicle emissions standards designed to accelerate the transition to clean vehicles. The proposed rules would establish new emissions standards for model years (MY) 2027 through 2032. More information can be found HERE. Legislation to Restore Tax-Exempt Status of Advance Refunding Bonds Introduced in the House Representatives Dutch Ruppersberger (D-MD) and David Kustoff (R-TN) reintroduced the Investing in Our Communities Act (H.R. 1837). This legislation would restore the tax-exempt status of advance refunding municipal bonds used by state and local governments to finance infrastructure and capital projects. The Tax Cuts and Jobs Act in 2017 eliminated the tax- exempt status as a spending offset. The bill was referred to the Ways and Means Committee. Federal Funding Opportunities/ Announcements COPS Office Announces Availability $14.5 Million for De-Escalation Grant Program. The Department of Justice's (DOJ) Office of Community Oriented Policing Services (COPS) announced it is accepting applications for the $14.5 million Community Policing May 9, 2023 www.carpiclay.com Item #2 2 Page 4 of 53 Development De-Escalation grant program. The program is designed to advance community policing through guidance on developing and testing innovative strategies, determining effective practices and outcomes, and supporting new approaches to crime prevention. Applications are due by May 24th and more information can be found HERE. COPS Office Announces Availability $3.5 Million for Critical Topics Grant Program. The COPS Office announced it is accepting applications for the $3.5 million Critical Topics grant program. The program is designed to advance the practice of community policing by providing guidance on promising practices through the development and testing of innovative strategies, building knowledge about effective practices and outcomes, and supporting new, creative approaches to preventing crime and promoting safe communities. Applications are due by May 24th and more information can be found HERE. DOL Publishes Building Pathways to Infrastructure Jobs NOFO. The Department of Labor (DOL) issued a notice of funding opportunity (NOFO) for the availability of $80 million through the Building Pathways to Infrastructure Jobs grant program. The program funds public-private partnerships to develop, strengthen, and scale promising and evidence-based training models in H-lB industries and occupations critical to meeting the goals of the Bipartisan Infrastructure Law (BIL) and to maximize the impact of these investments. Applications are due by July 7th and information can be found H.E.R.E. DOT Publishes SS4A NOFO. The Department of Transportation (DOT) published a NOFO for the availability of $1.1 billion for the FY 2023 Safe Streets and Roads for All (SS4A) discretionary grant program. The program will help fund planning and demonstration activities, as well as projects and strategies to prevent death and serious injury on roads and streets involving all roadway users, including pedestrians; bicyclists; public transportation, personal conveyance, and micro mobility users; motorists; and commercial vehicle operators. Applications are due by July 10th and more information can be found H.E.R.E. DOT Announces Thriving Communities Grant Awards. DOT announced $21.15 million in grant awards to 64 communities through the Thriving Communities Program. The program provides two years of no-cost intensive technical assistance to under-resourced and disadvantaged communities to help identify, develop, and deliver transportation projects that strengthen communities. The list of awards can be found HERE. DOT Publishes Regional Infrastructure Accelerators NOFO. DOT's Build America Bureau published a $24 million NOFO for the Regional Infrastructure Accelerators (RIA) grant program. The funding will help establish six to ten new RIAs to assist with project planning, financial evaluation, technical assistance and best practices, and developing a regional project pipeline. Applications are due by May 30th and more information can be found H.E.R.E. EPA Publishes $400 Million Clean School Bus Program NOFO. EPA published a NOFO for the availability of $400 million in grant funding authorized by BIL for the Clean School Bus Program. The program funds the purchase of electric, propane, and compressed natural gas buses, and related infrastructure, to replace diesel buses. Applications are due by August 22°d and more information can be found HERE. May 9, 2023 www.carpiclay.com Item #2 3 Page 5 of 53 FAA Issues AIP Discretionary Grants NOFO. FAA issued a NOFO for the availability of $1.5 billion in FY 2023 Airport Improvement Program (AIP) discretionary grant funding. The FAA awards these annually appropriated discretionary funds through the FAA's long-standing iterative, competitive grant process. Prior to the publication of this NOFO, FAA identified eligible applicants in its National Plan of Integrated Airport Systems (NPIAS) and compiled potentially eligible projects through the 3-year Airports Capital Improvement Plan (ACIP). Applications are due by July 14th and more information can be found H.E.RE. FAA Selects Design for New Control Towers at Municipal, Smaller Airports. FAA selected a design for new air traffic control towers that will be used primarily at municipal and smaller airports. The design incorporates new elements, including: • All electric building systems ■ Materials and products free from chemicals known to pose health risks • Thermally efficient fa~ade • High recycled steel and metal products • Renewable mass timber when usable • Ground-source hearing and cooling in some environments More information, including which airports are candidates, can be found HERE. FEMA Announces Panel on Obtaining Funding for Microgrids. FEMA announced it will host a panel on obtaining Building Resilient Infrastructure and Communities (BRIC), Hazard Mitigation Grant Program (HMGP), and Department of Energy (DOE) funding for microgrids to promote energy resilience and reliability. The panel will occur on May 3rd at 1:00 pm ET. More information can be found HERE. FHWA Issues PROTECT Grants NOFO. The Federal Highway Administration (FHWA) issued a NOFO for the availability of $848 million through the Promoting Resilient Operations for Transformative, Efficient, and Cost-Saving Transportation (PROTECT) discretionary grant program. The program will invest in projects to make the country's surface transportation system -including highways, public transportation, pedestrian facilities, ports, and intercity passenger rail -more resilient to impacts of climate change and aim to reduce long-term costs by minimizing future maintenance and rebuilding. Applications are due by August 18th and more information can be found .1:1..filrn.. FHWA Announces Bridge Investment Program Grant Awards. FHWA announced $300 million in Bridge Investment Program grant awards to nine small and medium-sized projects in ·eight states and the District of Columbia. A full list of grant awards is available HERE. FHWA Publishes Wildlife Crossings Pilot Program NOFO. FHWA published a NOFO for the availability of $111 million through the new Wildlife Crossing Pilot Program. The program is designed to help promote activities that reduce wildlife vehicle collisions, including warning signs for drivers and construction of wildlife crossings both over and under roadways where habitats exist on either side of a busy road. Grants are available for May 9, 2023 www.carpiclay.com Item #2 4 Page 6 of 53 all project activities, including but not limited to research, planning, design, and construction. Applications are due by August 1st and more information can be found .HE.RE. Forest Service Releases $1 Billion NOFO for Urban and Community Forestry IRA Grants. The Forest Service released a NOFO for up to $1 billion in funding for Urban and Community Forestry grants authorized by the Inflation Reduction Act. The grant funding aims to increase equitable access to urban tree canopies, broaden community engagement in urban forest planning, and improve community and urban forest resilience to climate change through best management and maintenance practices. Applications are due June 2°d and more information can be found HERE. FRA Releases 2023 -2024 NOFO Calendar. The Federal Railroad Administration (FRA) published 2023 -2024 calendar of upcoming NOFOs and grant opportunities. The calendar can be found HERE. HUD Announces Additional $171.2 Million for Continuums of Care. The Department of Housing and Urban Development (HUD) announced an additional $171.1 million in grant funding for 115 projects in 29 Continuum of Care (CoC) communities. The grants fund community projects that provide housing and supportive services to people in unsheltered settings and homeless individuals in rural areas. The list of grant recipients can be found HERE. HUD Awards $98 Million in Choice Neighborhoods Implementation Grants. HUD awarded $98 million for 16 projects in 12 states through the Choice Neighborhoods Implementation Grant program. The awards will assist redevelopment of distressed HUD- assisted properties, provide health, education, and income support to housing residents, and fund neighborhood improvement projects. More information can be found .Hfill.E. HUD Releases $10 Million NOFO for Choice Neighborhoods Planning Grants. HUD released a $10 million NOFO for its the Choice Neighborhoods Planning Grant program. This program will fund comprehensive plans to revitalize distressed public housing, HUD- assisted housing, and surrounding neighborhoods. Applications are due June 6th and more information can be found HERE. OJJDP Announces Availability of$4.5 Million for Second Chance Act Grant. DOJ's Office of Juvenile Justice and Delinquency Prevention (OJJDP) announced the availability of $4.5 million in grant funding through the FY 2023 Second Chance Act Addressing the Needs of Incarcerated Parents and Their Minor Children program. This program will provide funding to support states, local governments, and community-based organizations to develop programs within detention or correctional facilities to respond to the needs of incarcerated parents who have children younger than age 18. Applications are due May 30th and more information can be found HERE. OJJDP Publishes FY 2023 Youth Violence Prevention Program NOFO. OJJDP published a NOFO for the availability of $1 million in funding for the FY 2023 Youth Violence Prevention Program. This program funds projects that develop strategies to prevent youth violence, May 9, 2023 www.carpiclay.com Item #2 5 Page 7 of 53 including youth gang involvement and youth gang/group violence. Applications are due by June 12th and more information can be found .l:lfil!li. Treasury Awards $1.73 Billion for COFI Equitable Recovery Program. The Department of the Treasury awarded $1.73 billion in grant funding to 603 Community Development Financial Institutions (CDFis) nationwide through the CDFI Equitable Recovery Program. The program funds projects that strengthen CDFis to provide low-and moderate-income communities with resources to recover from the COVID-19 pandemic. The list of recipients and more information can be found HERE. Federal Agency Personnel/Regulatory Announcements DOE Releases Report on Advancing Offshore Wind Energy. DOE issued a report entitled Advancing Offshore Wind Energy in the United States: U.S. Department of Energy Strategic Contributions Toward 30 Gigawatts and Beyond. The report details DOE plans to achieve goals set by the Biden administration to deploy 30 gigawatts (GW) of offshore wind capacity by 2030, and 110 GW or more of capacity by 2050. The report can be found HERE. EPA Grants Preemption Waivers for California Heavy-Duty Vehicle and Engine Emissions Standards. EPA granted two waivers of preemption to the California Air Resource Board related to heavy-duty vehicle and engine emissions standards. The waivers for regulations include: ■ 2018 Heavy-duty Warranty Amendments: extends the em1ss10ns warranty periods for 2022 and subsequent model year on-road heavy-duty diesel engines and for 2022 and subsequent model year diesel vehicles with a gross vehicle weight rating exceeding 14,000 pounds powered by such engines. • The Advanced Clean Trucks (ACT) Regulation: requires manufacturers to produce and sell increasing quantities of medium-and heavy-duty zero-emission vehicles (ZEVs) and near zero emission vehicles (NZEVs) in California. This waiver request also includes two additional regulations: ■ Zero Emission Airport Shuttle Bus Regulation: establishes steadily increasing zero-emission airport shuttle fleet composition requirements for airport shuttle fleet owners who service the 13 largest California airports. ■ Zero Emission Powertrain (ZEP) Certification Regulation: establishes certification requirements and optional emission standards for 2021 and subsequent model year medium-and heavy-duty ZEVs and the zero-emission powertrains installed in such vehicles. More information on the California waivers can be found HERE. EPA Proposes Consumer Confidence Report Rule Revisions. EPA published a Notice of Proposed Rulemaking (NOPR) to increase public access and awareness of Consumer Confidence Reports, also known as Annual Drinking Water Quality Reports. These reports provide information on local drinking water quality over the previous year. The NOPR May 9, 2023 www.carpiclay.com Item #2 6 Page 8 of 53 includes plans to improve readability, enhance communication with local entities, promote electronic delivery of reports, focus on lead levels, and require twice a year reporting for systems that serve more than 10,000 people. Comments are due May 22nct and more information can be found HERE. EPA Publishes 30th Annual U.S. Greenhouse Gas Inventory. EPA published the 30th annual Inventory of U.S. Greenhouse Gas Emissions and Sinks. The inventory presents national- level overview of annual greenhouse gas emissions from 1990 to 2021, covering seven greenhouse gases: carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and nitrogen trifluoride. More information can be found HERE. EPA Publishes Climate Change and Children's Health Report. EPA published a report entitled Climate Change and Children's Health and Well-Being in the United States Report. The report quantifies projected health effects for children related to extreme heat, air quality, changing seasons, flooding, and infectious diseases. More information can be found HERE. EPA Announces 2023 ENERGY STAR Top Cities. EPA announced its annual Top Cities for ENERGY STAR certified commercial or multifamily buildings for 2023. Los Angeles came in first with 7 48 certified buildings, Washington, DC came in second with 555, and Atlanta came in third with 376. The full list can be found HERE. FAA Publishes Draft PEA for FRIAs. FAA published the draft Programmatic Environmental Assessment (PEA) for FAA-Recognized Identification Areas (FRIAs). A FRIA is a defined geographic area where unmanned aircraft can be flown without remote identification equipment. Comments are due by May 3rd and more information can be found HERE. FAA Establishes Office of Investigations and Professional Responsibility. FAA established a new Office of Investigations and Professional Responsibility which will aim to help protect whistleblowers and others raising safety concerns. More information can be found HERE. FHWA Publishes Surface Transportation Delivery RFI. FHWA has published a request for information (RFI) seeking comment on how to help deliver surface transportation projects faster under the Inflation Reduction Act. FHWA is seeking information on: the types of assistance that would be most beneficial to recipients of direct funding and facilitate an efficient and effective environmental review process for surface transportation projects; what program areas would most benefit from new or continued research; and, ways in which FHW A can make resources available to the eligible entities while promoting equity and maximizing the opportunity to improve the efficiency and effectiveness of the environmental review process. Comments are due by June 1st and more information can be found HERE. FHWA Publishes IRA RFI. FHWA published a request for information seeking input on the implementation of section 60505: Environmental Review Implementation Funds, of the Inflation Reduction Act. Comments are due by June 1st and more information can be found HERE May 9, 2023 www.carpiclay.com Item #2 7 Page 9 of 53 May 1, 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 -April 2023 STATE LEGISLATIVE POLICY COMMITTEES ACCELERATE AFTER SPRING BREAK • Exhibit2 !!~~§ April has been a bustle of legislative activity, with stacked agendas, long hearings, and a flurry of bills being amended as the more than 2,800 legislative proposals introduced between early December and the middle of February make their way through the legislative process in an effort to make the house of origin deadline on June 2. April 27 marked the deadline for all bills that have been determined to potentially have a state fiscal impact (fiscal bills) to be heard in a legislative policy committee. This deadline is important to note because of the 2,800+ pieces of legislation that have been introduced this session. In the month of April alone, there were a combined total of 146 legislative policy and budget committee hearings dispensing with hundreds of measures that have tangible impacts on local government operations. From a timing and process perspective, fiscal measures being deliberated in these committees will either be held, meaning that they will no longer advance in 2023, advance out of committee unchanged, or advance out of the relevant policy committee with either technical and/or substantive amendments based on the proposal. From there, these measures are sent to their respective appropriations committees (either Senate or Assembly) for further analysis. During this t ime, RPPG is reviewing each measure of interest to the City and working with City staff to assess impacts. RPPG MONTHLY LEGISLATIVE ACTIVITY RPPG continues to review priority bills during regularly scheduled check-ins with City staff, to provide draft content for the Council to consider, to craft talking points for meetings with legislative representatives and agency officials, to testify in committee when appropriate, and to conduct meetings with key legislative offices as appropriate. SB 428 (Blakespear) -City Sponsored Legislation The City's sponsored legislation, SB 428 by Senator Catherine Blakespear, passed out of the Senate Judiciary Committee on consent where it was referred to the Senate Committee on Appropriations. All bills that have a fiscal cost of over $50,000 are placed on the suspense file where the overall cost of all proposed legislation is taken into account at a later date. RPPG, City staff, and the Senator's office have been working with stakeholders on proposed amendments and building a coalition of support. The California State Association of Counties, the Urban Counties of May 9, 2023 Item #2 1 Page 10 of 53 California, the League of California Cities, and the California Association of Code Enforcement Officers have come on as support. City Visit to Sacramento The City visited Sacramento on April 12-14 to attend the Cal Cities City Leaders Summit. During the City's stay in Sacramento, RPPG accompanied the City to meetings with offices of the Legislature and of the Administration to discuss several of the City's legislative and operational priorities. Representatives from the City included Intergovernmental Affairs Director Jason Haber, Council Member Melanie Burkholder, and Council Member Teresa Acosta. On April 12, RPPG, Jason Haber, and Council Member Melanie Burkholder met with Assemblymember Laurie Davies to discuss the City's legis lative priorities. On April 12, RPPG, Jason Haber, and Council Member Melanie Burkholder met with Assemblymember Tasha Boerner to discuss the City's legislative priorities. On April 12, RPPG, Jason Haber, and Council Member Melanie Burkholder met with Assemblymember Marie Waldron to discuss the City's legislative priorities. On April 12, RPPG, Jason Haber, and Council Member Melanie Burkholder met with Wildlife Chief Deputy Director Chuck Bonham to discuss coastal and lagoon issues in the City. On April 13, RPPG, Jason Haber, and Council Member Teresa Acosta met with Caltrans Deputy Director of Planning and Modal Programs Jeanie Ward-Waller to discuss rail and mass transit issues in the City. Additionally, RPPG has tagged 109 bills for the City as "priority," 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 to staff for the City's review in the coming weeks. Assembly Public Safety Committee Hearing on Fentanyl Related Bills On April 27, the Assembly Public Safety Committee heard six bills related to fentanyl. The predominate theme of the heated hearing was whether the fentanyl crisis should be addressed as a public safety issue or public health issue. Of the seven, four made it out of the committee. • AB 33 (Bains-D) to establish a task force to address fentanyl addiction and overdoses. • AB 474 (Rodriguez-DJ to prioritize cooperation between state and local law enforcement to crack down on fentanyl trafficking. • AB-67S (Soria-D) make it illegal to carry a gun while in possession of fentanyl. • AB 701 (Villapudua-D) applies existing weight enhancements that increase the penalty and fine for trafficking-controlled substa nces containing fentanyl. AB 367 (Maienschein-Dl, AB 955 (Petrie-Norris-D), and AB 1058 {Jim Patterson-R) did not receive enough votes and failed due to the fact that they proposed to increase penalties. ADMINISTRATION ACTIONS San Francisco Public Safety Partnership Governor Gavin Newsom announced an agreement on April 21 between the California Highway Patrol (CHP), the Ca lifornia National Guard (CalGuard), the San Francisco Police Department (SFPD), and the San Francisco District Attorney's Office (SFDA) to assist the San Francisco in its ongoing efforts to address the May 9, 2023 Item #2 2 Page 11 of 53 fentanyl crisis. The agreement will lead to the formation of a new collaborative operation between all four agencies focused on dismantling fentanyl trafficking and disrupting the supply of the deadly drug in San Francisco by holding the operators of large-scale drug trafficking operations accountable. LEGISLATIVE TIMING AND KEY DATES • May 5, 2023 • May 12, 2023 • Mid-May, 2023 • June 2, 2023 • June 15, 2023 • June 30, 2023 May 9, 2023 Deadline for bills to pass out of their policy committees 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 12 of 53 Priority Legislation May 4, 2023 ( City of Carlsbad Californ i a Cannabis • Exhibit3 !!!!?§ AB 374 (Haney) Cannabis: local control: cannabis consumption. (Amended: 5/1/2023) Link The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. MAUCRSA establishes the Department of Cannabis Control (department) within the Business, Consumer Services, and Housing Agency to administer the act, and requires the department to be under the supervision and control of a director. Current law provides that a local jurisdiction may allow for the smoking, vaporizing, and ingesting of cannabis or cannabis products on the premises of a retailer or microbusiness licensed under this division if certain conditions are met. This bill would specify that a loca l jurisdiction exercising the authority described above may allow the retailer or microbusiness to sell noncannabis food and beverage products other than alcoholic beverages and to allow, and to sell tickets for, live musical or other performances on the premises in addition to smoking, vaporizing, and ingesting of cannabis or cannabis products. Status: 5/2/2023-Re-referred to Com. on APPR. AB 1207 (Irwin) Cannabis: labeling and advertising. (Amended: 4/19/2023) Link The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use ca nnabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use ca nn abis activities, including retail commercial cannabis activity. MAUCRSA places specified requirements on the packaging of cannabis and cannabis products. MAUCRSA prohibits a licensee from engaging in specified advertising or marketing activities, including, among others, advertising or marketing in a manner that is false or untrue or tends to .create a misleading impression.This bill would implement provisions of AUMA by prohibiting the sale or manufacture of cannabis or cannabis products that are attractive to children, as defined, and by prohibiting the advertisement and marketing of cannabis or cannabis products in a way that is attractive to children. The bill would implement AUMA by prohibiting cannabis or ca nnabis products intended for use by inhalation or combustion from containing any natural or synthetic flavors or descriptors of flavors. The bill would require the adoption of emergency regulations to implement these provisions. This bill contains other existing laws. Status: 5/3/2023-ln committee: Hearing postponed by committee. May 9, 2023 Item #2 Page 13 of 53 SB 512 (Bradford) Cannabis: taxation: gross receipts. (Amended: 5/3/2023) Link Would, beginning January 1, 2024, exclude from the terms "gross receipts" and "sales price" under the Sales and Use Tax Law the amount of the cannabis excise tax imposed under the Cannabis Tax Law and the amount of any tax imposed by a city or county on the privilege of engaging in commercial cannabis activity, as specified. The bill would also prohibit a city or county from including in the definition of gross receipts, for purposes of any local tax or fee on a licensed cannabis retailer the amount of any cannabis excise tax imposed under the Cannabis Tax Law or any sales and use taxes. By imposing new requirements on local governments with respect to their taxes and fees, the bill would impose a state- mandated local program. Status: 5/3/2023-May 3 set for first hearing. Failed passage in committee. (Ayes 4. Noes 0.) Reconsideration granted. From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F. Calendar: 5/10/2023 9:30 a.m. -1021 0 Street, Room 1200 SENATE GOVERNANCE AND FINANCE, CABALLERO, ANNA, Chair, Children, Youth and Recreation AB 1056 (Davies) Department of Parks and Recreation: California Youth Water Safety State Grant. (Amended: 3/30/2023) Link Current law establishes the Department of Parks and Recreation in the Natural Resources Agency, and specifies that the department shall be conducted under the control of an executive officer known as the Director of Parks and Recreation. Current law requires the director to establish the Outdoor Equity Grants Program to increase the ability of underserved and at-risk populations to participate in outdoor environmental educational experiences at state parks and other public lands where outdoor environmental education programs take place, among other requirements placed on the department and the director. This bill would require the department to establish and administer the California Youth Water Safety State Grant. The bill would require the department to make funding available to nonprofit organizations, special districts, and city or county parks and recreation departments to provide free swimming lessons for low-income and at-risk youth. Status: 5/3/2023-ln committee: Set, first hearing. Referred to suspense file. Economic Development AB 286 (Wood) Broadband infrastructure: mapping. (Amended: 4/11/2023) Link Current law requires the Public Utilities Commission, in collaboration with relevant state agencies and stakeholders, to maintain and update a statewide, publicly accessible, and interactive map showing the accessibility of broadband service in the state. Current law authorizes the commission to collect information from providers of broadband services at the address level and prohibits the commission from disclosing certain protected residential subscriber information. This bill would require that the map identify, for each address in the state, each provider of broadband services that offers service at the address and the maximum speed of broadband services offered by each provider of broadband services at the address. May 9, 2023 Item #2 Page 14 of 53 Status: 5/3/2023-ln committee: Hea ring postponed by committee. AB 341 (Ramos) Gambling: local moratorium. (Amended: 4/27/2023) Link Current law requires the Department of Justice to investigate any violations of, and to enforce, the Gambling Control Act. Under the act, a city, county, or city and county may authorize controlled gambling consistent with state law. Current law, however, prohibits an ordinance that would result in an expansion of gambling in the city, county, or city and county from being valid unless the amendment is approved by a majority of the voters. Current law requires an amendment to a city or county ordinance relating to a gambling establishment or the act to be submitted to the department for review and comment before the ordinance is adopted by the city or county. Prior law, until January 1, 2023, prohibited the commission from issuing a gambling license for a gambling establishment that was not licensed to operate on December 31, 1999, except as specified. This bill would reenact that prohibition until January 1, 2043, and would prohibit the commission from issuing a gambling license for a gambling establishment that was not licensed to operate on December 31, 2022, and that is pending before the commission as of January 1, 2024. Status: 4/27 /2023-From committee chair, with author's amendments: Amend, and re-refer t o committee. Read second time, amended, and re-referred to Com. on APPR. Calendar: 5/8/2023 10 a.m. -10210 Street, Room 2200 SENATE APPROPRIATIONS, PORTANTINO, ANTHONY, Chair, AB 662 (Boerner) Federal Broadband Equity, Access, and Deployment Program funds: administration. (Amended: 3/9/2023) Link Current law vests the Public Utilities Commission with regulatory authority over public utilities. Pursuant to its existing authority, the commission supervises administration of the state's telecommunications universal se rvice programs, including, among others, the California Advanced Services Fund (CASF). Current law requires the commission to develop, implement, and administer the CASF program to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies. Current law requires the commission to establish specified account s within the CASF, including, among other accounts, the Broadband Infrastructure Grant Account and the Federal Funding Account. This bill would require the commission, in administering federal Broadband Equity, Access, and Deployment Program funds pursuant to the federal Infrastructure Investment and Jobs Act, to use processes and procedures that are consistent with guidelines adopted by the National Telecommunications and Information Administration for the use of the program funds. The bill would prohibit the commission from imposing any additional ru~es, processes, procedures, prohibitions, funding prioritizations, or eligibility criteria on any applicant that are not consistent with or explicitly required by the federal guidelines. Status: 4/21/2023-Measure version as amended on March 9 corrected. AB 930 (Friedman) Local government: Reinvestment in Infrastructure for a Sustainable and Equitable California (RISE) districts. (Amended: 4/26/2023) Link May 9, 2023 Item #2 Page 15 of 53 Current law authorizes certain local agencies to form a community revitalization authority within a community revitalization and investment area, as defined, and authorizes an authority to, among other things, provide for low-and moderate-income housing and issue bonds, as provided. Current law authorizes a community revitalization and investment plan to provide for the division of taxes within the plan area. This bill would authorize the legislative bodies of 2 or more cities or counties to jointly form a Reinvestment in Infrastructure for a Sustainable and Equitable California district (RISE district) in accordance with specified procedures. The bill would authorize a special district to join a RISE district, by resolution, as specified. Status: 4/27 /2023-Re-referred to Com. on APPR. AB 1195 (Calderon) Climate Change Preparedness. Resiliency, and Jobs for Communities Program: climate-beneficial projects: grant funding. (Amended: 3/29/2023) Link Would establish the Climate Change Preparedness, Resiliency, and Jobs for Communities Program, to be administered by the Strategic Growth Council, and would require the council to fund grants to develop and implement multibenefit, community-level, climate-beneficial projects to support community and landscape resiliency and workforce development. The bill would require the council to award competitive grants to eligible entities, as defined, through an application process, as provided. The bill would require the council, on or before July 1, 2024, to develop guidelines to implement the program and criteria to select projects eligible for grant funding that include, at a minimum, specified information related to community resiliency grants, landscape resiliency grants, and climate and career pathways grants. Status: 4/19/2023-ln committee: Set, first hearing. Referred to suspense file. Elections. Political Reform and Redistricting AB 764 (Bryan) local redistricting. (Amended: 4/11/2023) Link Current law requires counties, general law and charter cities, and special districts that elect their governing boards using district-based elections to adopt, in a prescribed manner, new district boundaries following each federal decennial census. Current law also requires county boards of education, and the governing boards of school districts and community college districts in which trustee areas have been established, to adopt new boundaries for their trustee areas following each federal decennial census. This bill would revise and recast these provisions. The bill would require counties, county boards of education, cities, school districts, community college districts, and special districts, if the governing body of these local governments is elected by districts, to comply with uniform requirements related to redistricting. The bill would require local governments to adopt district boundaries, using specified criteria, following the decision to establish district-based elections and following each federal decennial census. Status: 4/27 /2023-From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (April 26). Re-referred to Com. on APPR. SB 24 (Umberg) Political Reform Act of 1974: public campaign financing. (Amended: 3/30/2023) Link The Political Reform Act of 1974 prohibits a public officer from expending, and a candidate from accepting, public moneys for the purpose of seeking elective office. This bill would permit a public May 9, 2023 Item #2 Page 16 of 53 officer or candidate to expend or accept public moneys for the purpose of seeking elective office if the state or a local governmental entity established a dedicated fund for this purpose, as specified. The bill would prohibit the public moneys for this dedicated fund from being taken from public moneys that are earmarked for education, transportation, or public safety. This restriction would not apply to charter cities. Status: 5/1/2023-Set for hearing May 8. Calendar: 5/8/2023 10 a.m. -1021 0 Street, Room 2200 SENATE APPROPRIATIONS, PORTANTINO, ANTHONY, Chair, SB 251 (Newman) Political Reform Act of 1974: elected officers: conflicts of interest. (Amended: 3/8/2023) Link The Political Reform Act of 1974 provides for the comprehensive regulation of conflicts of interest of public officials. The act makes a knowing or willful violation of its provisions a misdemeanor. This bill would prohibit an elected officer from employment by any other elected officer with the same constituency, except if the elected officer first began their employment by the other elected officer with the same constituency on or before December 31, 2023. The bill would not apply to statewide elected officers. Status: 4/19/2023-April 18 set for first hearing. Failed passage in committee. (Ayes 2. Noes 0.) Reconsideration granted. Emergency Response and Disaster Preparedness AB 388 (Connolly) Wildfire and Forest Resilience Action Plan: implementation strategies: roadmap. (Amended: 3/2/2023) Link Current law requires the Wildfire and Forest Resilience Task Force, including the Natural Resources Agency, the California Environmental Protection Agency, the Office of Planning and Research, and the Department of Forestry and Fire Protection, in coordination with certain public agencies, to develop a comprehensive implementation strategy to track and ensure the achievement ofthe goals and key actions identified in the Wildfire and Forest Resilience Action Plan, as provided. This bill would require the Director of Forestry and Fire Protection, in consultation with the task force, to establish a roadmap for developing and deploying larger landscape level projects to contribute to the achievement of the goals outlined in the implementation strategy. The bill would authorize the director to directly award regional block grants to eligible regional entities, forest collaboratives, and partnerships to implement regional plans, strategies, agreements, and initiatives. Status: 5/3/2023-ln committee: Set, first hearing. Referred to suspense file. AB 584 (Hart) California Coastal Act of 1976: coastal development: emergency waiver. (Amended: 3/6/2023) Link The California Coastal Act of 1976 requires the issuance of a coastal development permit if the proposed development is in conformity with the certified local coastal program. The act provides for the certification of local coastal programs by the California Coastal Commission. The act authorizes the requirement of having to obtain a permit to be waived when immediate action by a person or public May 9, 2023 Item #2 Page 17 of 53 agency performing a public service is required to protect life and public property from imminent danger, or to restore, repair, or maintain public works, utilities, or services destroyed, damaged, or interrupted by natural disaster, serious accident, or in other cases of emergency, as specified. The act provides that this waiver provision does not authorize the permanent erection of structures valued at more than $25,000. This bill would increase the above-described amount to $125,000, adjusted annually for inflation pursuant to the consumer price index. Status: 5/3/2023-Referred to Com. on N.R. & W. Client Position: Pending Support Notes: 4/20/23: EN tagged as pending support. 4/20/23 SG: Sent draft support letter to the City. AB 622 (Lackey) Residency: displacement by natural disaster. (Introduced: 2/9/2023) Link Current law describes the domicile of a person for voting purposes as that place in which their habitation is fixed, wherein the person has the intention of remaining, and to which, whenever they are absent, the person has the intention of returning. Current law provides that a person who leaves their home to go into another state or precinct in this state for temporary purposes, with the intention of returning, does not lose their domicile. Current law also provides that a person does not gain a domicile in any precinct they go into for temporary purposes if the person does not intend to make that precinct their home. This bill would additionally provide that a person who leaves their home for temporary purposes because of a natural disaster, and who intends to return to the home or to another address within the same jurisdiction, does not lose the person's domicile at that home. Status: 2/17 /2023-Referred to Com. on ELECTIONS. AB 781 (Maienschein) Accessibility to emergency information and services: emergency shelters: persons with pets. (Introduced: 2/13/2023) Link Current law, the California Emergency Services Act, provides that political subd ivisions, as defined, have full power during a local emergency to provide mutual aid to any affected area in accordance with local ordinances, resolutions, emergency plans, or agreements. Existing law defines "emergency plan" for these purposes to mean official and approved documents that describe the principles and methods to be applied in carrying out emergency operations or rendering mutual aid during emergencies. Current law requires that a county send a copy of its emergency plan to the Office of Emergency Services upon an update to the plan.This bill would require a county, on or before July 1, 2024, to update its emergency plan to designate emergency shelters able to accommodate persons with pets. The bill would require a city that has previously adopted an emergency plan designating emergency shelters to update its emergency plan to designate emergency shelters able to accommodate persons with pets on or before July 1, 2024. The bill would require an emergency shelter designated as able to accommodate persons with pets to be in compliance with safety procedures regarding the sheltering of pets established in the component of the state and local emergency plan and applicable disaster assistance policies and procedures of the Federal Emergency Management Agency. This bill would require that whenever a city or county designates an emergency shelter, cooling center, or warming center that it also designate an emergency shelter, cooling center, or warming center, as applicable, that can accommodate persons with pets. May 9, 2023 Item #2 Page 18 of 53 Status: 4/19/2023-ln committee: Set, first hearing. Referred to suspense file. AB 788 (Petrie-Norris) Fire prevention: grant programs: reporting. (Introduced: 2/13/2023) Link Current law requires the Wildfire and Forest Resilience Task Force to develop a comprehensive implementation strategy to track and ensure the achievement of the goals and key actions identified in the state's "Wildfire and Forest Resilience Action Plan" issued by the task force in January 2021. Current law requires the task force to submit, as part of the implementation strategy, a report to the appropriate policy and budget committees of the Legislature on progress made in achieving the goals and key actions identified in the state's action plan, on state expenditures made to implement these key actions, and on additional resources and policy changes needed to achieve these goals and key actions, as provided.This bill would require the task force, on or before July 1, 2024, and annually thereafter, to compile and post on its internet website specified information relating to specified state and federal grant programs relating to fire prevention, as provided. Status: 5/3/2023-ln committee: Hearing postponed by committee. AB 944 (Irwin) Fire stations: alternative power generation. (Amended: 4/25/2023) Link Would require a fire station to have an alternative source of power, as defined, to ensure continued operation for no fewer than 96 hours during any type of power outage. The bill would impose specific compliance requirements based on whether a fire station uses a generator as its alternative source of power, or batteries or a combination of batteries in tandem with a renewable electrical generation facility. The bill would require a fire station to comply with its requirements by January 1, 2026. By imposing new duties on local agencies, this bill would impose a state-mandated local program. Status: 4/26/2023-Re-referred to Com. on APPR. SB 571 (Allen) Development projects: emergency preparedness. (Amended: 3/21/2023) Link Would require a proponent of a new development that would require the evacuation of 40 or more vehicles at any given time that is located within a state responsibility area or local responsibility area and within a high or very high fire hazard severity zone to include an evacuation plan with its application submitted to the local government for the development. The bill would subject the evacuation plan to the independent approval of the local government, as defined, the respective law enforcement and fire agencies that have jurisdictional response authority over the relevant area, and the California Highway Patrol if the proposed evacuation routing utilizes state or federal highways. The bill would require the evacuation plan to consist of specified information, including a wildfire behavior study, a traffic engineering study, and the best available routes for evacuation egress by populations within the development when threatened by wildfire. By imposing new duties on local governments in reviewing and approving developments in high and very high fire hazard severity zones, the bill would impose a state-mandated local program. Status: 4/28/2023-Failed Deadline pursuant to Rule 61(a)(2). (Last location was GOV. & F. on 2/22/2023)(May be acted upon Jan 2024) Energy and Utilities AB 1293 (Irwin) Interconnection: prioritization. (Amended: 5/1/2023) Link May 9, 2023 Item #2 Page 19 of 53 Would require the Public Utilities Commission to provide guidance to electrical corporations for the prioritization of projects in each electrical corporation's distribution interconnection queue and customer service connections, including that the project is shovel-ready, as determined by the commission. Status: 5/2/2023-Re-referred to Com. on APPR. Environment and Climate AB 9 (Muratsuchi) Greenhouse gases: market-based compliance mechanism. (Amended: 4/17/2023) Link The California Global Warming Solutions Act of 2006 authorizes the State Air Resources Board to include the use of market-based compliance mechanisms in regulating greenhouse gas emissions. The act requires the state board to prepare and approve a scoping plan fo·r achieving the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions and to update the scoping plan at least once every 5 years. This bill would require the state board to initiate a regulatory process to evaluate potential updates to the market-based compliance mechanism, and would require regulatory changes to take effect no later than January 1, 2025. The bill would require the evaluation to focus on specified items, including whether the supply of emission allowances and carbon offsets are consistent with a linear trajectory toward the statewide greenhouse gas emissions reduction goal established in the state board's most recent scoping plan, rules for banking allowances to use for future compliance, and recommendations made by the Independent Emissions Market Advisory Committee and the state board's environmental justice advisory committee. The bill would require the state board, beginning January 1, 2028, and subsequently on a triennial basis, as specified, and in consultation with the Independent Emissions Market Advisory Committee and the environmental justice advisory committee, to conduct an evaluation of the market-based compliance mechanism, as provided. Status: 4/25/2023-From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 3.) (April 24). Re-referred to Com. on APPR. 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 Research and Forecast Improvement Program: Enabling Cl imate Adaptation Through Forecast-Informed Reservoir Operations and Hazard Resiliency (AR/FIRO) Program. The bill would require the department to research, develop, and implement new observations, prediction models, novel forecasting methods, and tailored decision support systems to improve predictions of atmospheric rivers and their impacts on water supply, flooding, post-wildfire debris flows, and environmental conditions. Status: 4/26/2023-ln committee: Set, first hearing. Referred to suspense file. May 9, 2023 Item #2 Page 20 of 53 ADVOCACY FOR THE PUBLIC GOOD. AB 45 (Boerner) Coastal resources: coastal development permits: blue carbon demonstration projects: new development: greenhouse gas emissions. (Amended: 3/15/2023) 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 carbon 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. Status: 4/21/2023-Measure version as amended on March 15 corrected. AB 287 (Garcia) California Global Warming Solutions Act of 2006: Greenhouse Gas Reduction Fund: competitive grant programs: funding objectives. (Introduced: 1/24/2023) Link Current law requires the moneys from the Greenhouse Gas Reduction Fund to be used to facilitate the achievement of reductions of greenhouse gas emissions consistent with the California Global Warming Solutions Act of 2006 and, where applicable and to the extent feasible, to maximize economic, environmental, and public health benefits to the state, among other goals. This bill, beginning July 1, 2025, would require state agencies administering competitive grant programs that allocate moneys from the fund to give specified communities preferential points during grant application scoring for programs intended to improve air quality, to provide for a specified application timeline, and to allow applicants from the Counties of Imperial and San Diego to include daytime population numbers in grant applications. Status: 4/19/2023-ln committee: Set, first hearing. Referred to suspense file. AB 344 (Wood) Electricity: load-serving entities: offshore wind facilities. (Introduced: 1/31/2023) Link Would expressly authorize electrical corporations, electric service providers, and community choice aggregators to jointly enter into agreements to procure electricity generated from offshore wind facilities. Status: 3/23/2023-From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 14. Noes 0.) (March 22). Re-referred to Com. on APPR. AB 411 (Bennett) California Recreational Trails and Greenways Act. (Amended: 3/16/2023) Link Would require the Department of Parks and Recreation to establish the Ca lifornia Recreational Trai ls and Greenways Program to, beginning in 2024, award competitive grants on a biennial basis for new, expanded, or improved public access opportunities through nonmotorized recreational trail creation, improvement, enhancement, and restoration projects. The bill would create the California Recreational Trails and Greenways Fund in the State Treasury, and would require that specified moneys, including, to the extent consistent with Proposition 68, unexpended Proposition 68 moneys that revert to the administering agency for allocation, upon appropriation by the Legislature, be deposited into the fund and, upon appropriation by the Legislature, be available for allocation by the department for purposes of the program, as specified. In order to reduce the financial burdens associated with frontloaded cost May 9, 2023 Item #2 Page 21 of 53 structures and match requirements, the bill would authorize the department to create a loan or grant process for advanced payment and match assistance to reduce barriers to participation in the program. Status: 5/3/2023-ln committee: Hearing postponed by committee. AB 573 (Garcia) Organic waste: meeting recovered organic waste product procurement targets. (Amended: 3/16/2023) Link Current law requires, no later than January 1, 2018, the State Air Resources Board to approve and begin implementing a comprehensive short-lived climate pollutant strategy to achieve a certain reduction in statewide emissions of methane, including a goal of a 75% reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025. Current law requires the Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations to achieve these organic waste reduction goals, that provide for, among other things, the calculation by the department of recovered organic waste product procurement targets for each loca l jurisdiction, and that may include penalties to be imposed by the department for noncompliance. This bill would require the department's regulations to allow a local jurisdiction, until December 1, 2039, in procuring recovered organic waste products to meet the target procurement requirements, to use California- derived recovered organic waste that the local jurisdiction sends for processing at a facility or operation outside of the state that meets certain conditions, as provided. Status: 5/3/2023-ln committee: Set, first hearing. Referred to suspense file. AB 1554 (Patterson, Joe) California Environmental Quality Act: exemption: wildfire fuels reduction projects. (Introduced: 2/17/2023) Link This bill would expressly exempt from CEQA a project reduction of fuels in areas within moderate, high, and very high fire hazard severity zones, as provided. Because a lead agency would be required to determine whether a project qualifies for this exemption, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. Status: 4/28/2023-Failed Deadline pursuant to Rule 61(a)(2). (Last location was NAT. RES. on 3/9/2023)(May be acted upon Jan 2024) AB 1567 (Garcia) Safe Drinking Water. Wildfire Prevention, Drought Preparation, Flood Protection, Extreme Heat Mitigation. and Workforce Development Bond Act of 2024. (Amended: 4/26/2023) Link Would enact the Safe Drinking Water, Wildfire Prevention, Drought Preparation, Flood Protection, Extreme Heat Mitigation, and Workforce Development Bond Act of 2024, which, if approved by the voters, would authorize the issuance of bonds in the amount of $15,105,000,000 pursuant to the State General Obligation Bond Law to finance projects for safe drinking water, w ildfire prevention, drought preparation, flood protection, extreme heat mitigation, and workforce development programs. Status: 4/27 /2023-Re-referred to Com. on APPR. AB 1590 (Friedman) Major coastal resorts: coastal development permits: audits: waste. (Amended: 4/10/2023) 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 May 9, 2023 Item #2 Page 22 of 53 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 or a local government, as provided. This bill would establish the Major Coasta l Resorts Environmental Accountability Act, and would define "major coastal resort" for these purposes. The bill would require the commission, with the assistance of a qualified consu ltant, to every 2 years prepare an audit of a major coastal resort's compliance with specified provisions, including the coastal development permit, as provided. The bill would require the major coastal resort to provide for the qualified cons ultant's compensation for the audit, as provided. Status: 4/28/2023-Failed Deadline pursuant to Rule 61(a)(2). (Last location was NAT. RES. on 4/11/2023)(May be acted upon Jan 2024) 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 t o 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: 5/2/2023-May 8 hearing postponed by committee. SB 272 (Laird) Sea level rise: planning and adaptation. (Introduced: 1/31/2023) Link Would require a local government, as defined, lying, in whole or in part, within the coastal zone, as defined, or within the jurisdiction of the San Francisco Bay Conservation and Development Commission, as defined, to implement sea level rise planning and adaptation through either submitting, and receiving approval for, a local coastal program, as defined, to the California Coastal Commission or submitting, and receiving approval for, a subregional San Francisco Bay shoreline resiliency plan to the San Francisco Bay Conservation and Development Commission, as applicable, on or before January 1, 2034. By imposing additional requirements on local governments, the bill would impose a state-mandated local program. The bill would require local governments that receive approval for sea level rise planning and adaptation on or before January 1, 2029, to be prioritized for sea level rise funding, upon appropriation by the Legislature, for the implementation of projects in the local government's approved sea level rise adaptation plan. The bill would require, on or before December 31, 2024, the California Coastal Commission and the San Francisco Bay Conservation and Development Commission, in close coordination with the Ocean Protection Council and the Ca lifornia Sea Level Rise State and Regional Support Collaborative, to est ablish guidelines for the preparation of that planning and adaptation. The bill would make the operation of its provisions contingent upon an appropriation for its purposes by the Legislature in the annual Budget Act or another statute. Status: 5/1/2023-Set for hearing May 8. May 9, 2023 Item #2 Page 23 of 53 Calendar: 5/8/2023 10 a.m. -10210 Street, Room 2200 SENATE APPROPRIATIONS, PORTANTINO, ANTHONY, Chair, SB 303 (Allen) Solid waste: Plastic Pollution Prevention and Packaging Producer Responsibility Act. (Amended: 4/27/2023) Link Current law establishes the Plastic Pollution Prevention and Packaging Producer Responsibility Act, which covers certain single-use packaging and plastic single-use food serviceware, as provided. As part of its comprehensive statutory scheme, existing law requires producers, as defined, of these covered materials to source reduce plastic covered material, to ensure that all covered material offered for sale, distributed, or imported in or into the state on or after January 1, 2032, is recyclable or com postable, and to ensure that plastic covered material offered for sale, distributed, or imported in or into the state achieves specified recycling rates, as provided. The act prohibits a producer from selling, offering for sale, importing, or distributing covered materials in the state unless the producer is approved to participate in the producer responsibility plan of a producer responsibility organization (PRO), as prescribed, for the source reduction, collection, processing, and recycling of covered material, except as provided. This bill would instead authorize an affected entity that asserts that specific actions taken by the PRO, a producer, or an entity under contract with the PRO are not consistent with specified prohibitions and requirements of the act and are disrupting or otherwise adversely affecting the sustained operation or commercial viability of solid waste collection programs, solid waste recycling facilities, or composting facilities providing services in accordance with local solid waste handling requirements to bring that concern and supporting evidence to the advisory board. The bill would delete the requirement that the board submit the concern to the department for further analysis and would instead require that the advisory board, rather than the department, offer a recommendation for resolution within 90 days of submission of the request for a preliminary evaluation. The bill would thereafter authorize either party to initiate nonbinding arbitration, as specified. The bill would make the arbitrator's decision in a non binding arbitration final unless within 30 days after the arbitrator delivers the decision to the advisory board a party requests that the department conduct a de novo adjudicative proceeding. Status: 5/2/2023-Set for hearing May 8. Calendar: 5/8/2023 10 a.m. -1021 0 Street, Room 2200 SENATE APPROPRIATIONS, PORTANTINO, ANTHONY, Chair, SB 360 (Blakespear) California Coastal Commission: member voting. (Amended: 4/18/2023) Link The California Coastal Act of 1976 establishes the California Coastal Commission and prescribes the membership and duties of the commission. The act provides that its provisions do not preclude or prevent any member or employee of the commission who is also an employee of another public agency, a county supervisor or city councilperson, or a member of specified associations or organizations, and who has in that designated capacity voted or acted upon a particular matter, from voting or otherwise acting upon that matter as a member or employee of the commission. This bill would apply the latter provision to members of a joint powers authority and members of the local agency formation commission. Status: 4/18/2023-Read second time and amended. Ordered to third reading. May 9, 2023 Item #2 Page 24 of 53 Calendar: 5/4/2023 #45 SENATE SENATE BILLS -THIRD READING FILE, SB 511 (Blakespear) Greenhouse gas emissions inventories. (Amended: 4/24/2023) Link The California Global Warming Solutions Act of 2006 requires the State Air Resources Board to prepare and approve a scoping plan for achieving the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions and to update the scoping plan at least once every 5 years. This bill would require the state board, before January 1, 2028, to develop, and publish on its internet website, a report on greenhouse gas emissions inventories for the calendar year 2025 for each city, county, or city and county that requests inclusion in the report, as provided. The bill would require the state board, consistent with the preparation of the updates to the scoping plan and before January 1, 2033, and every 5 years thereafter, to update the inventories, for each city, county, or city and county that requests inclusion in the respective update, for the calendar year 2030 and every 5th year thereafter. The bill would authorize the state board to solicit bids and enter into contracts for the development of the inventories. The bill would require the state board, before January 1, 2026, to establish a local government advisory committee to inform its development of the greenhouse gas emissions inventories. Status: 5/1/2023-May 1 hearing: Placed on APPR suspense file. SB 638 (Eggman) Climate Resiliency and Flood Protection Bond Act of 2024. (Amended: 3/20/2023) Link Would enact the Climate Resiliency and Flood Protection Bond Act of 2024 which, if approved by the voters, would authorize the issuance of bonds in the amount of $6,000,000,000 pursuant to the State General Obligation Bond Law, for flood protection and climate resiliency projects. Status: 5/1/2023-May 1 hearing: Placed on APPR suspense file. SB 867 (Allen) Drought, Flood, and Water Resilience, Wildfire and Forest Resilience, Coastal Resilience. Extreme Heat Mitigation, Biodiversity and Nature-Based Climate Solutions, Climate Smart Agriculture, Park Creation and Outdoor Access. and Clean Energy Bond Act of 2024. (Amended: 4/19/2023) Link Would enact the Drought, Flood, and Water Resilience, Wildfire and Forest Resilience, Coastal Resilience, Extreme Heat Mitigation, Biodiversity and Nature-Based Climate Solutions, Climate Smart Agriculture, Park Creation and Outdoor Access, and Clean Energy Bond Act of 2024, which, if approved by the voters, would authorize the issuance of bonds in the amount of $15,500,000,000 pursuant to the State General Obligation Bond Law to finance projects for drought, flood, and water resilience, wildfire and forest resilience, coastal resilience, extreme heat mitigation, biodiversity and nature-based climate solutions, climate smart agriculture, park creation and outdoor access, and clean energy programs. Status: 5/1/2023-Set for hearing May 8. Calendar: 5/8/2023 10 a.m. -1021 0 Street, Room 2200 SENATE APPROPRIATIONS, PORTANTINO, ANTHONY, Chair, Governmental Operations AB 504 (Reyes) State and local public employees: labor relations: disputes. (Amended: 4/13/2023) Link May 9, 2023 Item #2 Page 25 of 53 The Meyers-Milias-Brown Act and the Ralph C. Dills Act grant the Public Employment Relations Board the power to hear specified disputes in relation to these provisions and to make determinations regarding them. With rega rd to certain employees of fire departments, current law provides that those persons do not have the right to strike or recognize a picket line of a labor organization while in the course of the performance of their official duties. This bill would provide that it is not unlawf ul or a cause for discipline or other adverse action against a public employee for that public employee to refuse to enter property that is the site of a primary labor dispute, perform work for a public employer involved in a primary labor dispute, or go through or work behind a primary picket line. The bill would prohibit a public employer from directing a public employee to take those actions. The bill would authorize a recognized employee organization to inform employees of these rights and encourage them to exercise those rights. The bill would also state that a provision in a public employer policy or collective bargaining agreement that purports to limit or waive the rights set forth in this provision sha ll be void against public policy. The bill would exempt certain public employees of fire departments from these provisions. Status: 5/3/2023-ln committee: Set, first hearing. Referred to suspense file. AB 520 (Santiago) Employment: public entities. (Amended: 4/18/2023) Link Current law authorizes the Labor Commissioner to investigate employee complaints and to provide for a hearing in any action to recover wages, penalties, and other demands for compensation. Under current law, any individual or business entity that contracts for services in the property services or long-term care industries is jointly and severa lly liable for any unpaid wages, including interest, where the individual or business entity has been provided notice, by any party, of any proceeding or investigation by the Labor Commissioner in which the employer is found liable for those unpaid wages, to the extent the amounts are for services performed under that contract, as provided, and except as specified. This bill would additionally provide that any public entity, defined as the state, a city, county, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state, is jointly and severally liable for any unpaid wages, as provided in the above paragraph. This bill would, if property services labor is performed within a building a public entity owns or leases by any individual who is not an employee of the public entity, require the public entity to allow, and include as a stipulation in a contract for property services work, work awarded on or after January 1, 2024, representatives from a recognized or certified collective bargaining agent, as specified, to have access to the workers within that building during the workers' normal workday to conduct specified training. Status: 4/27 /2023-From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 26). Re-referred to Com. on APPR. AB 650 (Arambula) San Joaquin Valley Unified Air Pollution Control District: board. (Amended: 4/17/2023) Link Current law authorizes the board of the San Joaqu in Valley Unified Air Pollution Control District, composed of 15 members, including 5 city council members, to require the use of best available control technology, promote the use of alternative fuels, encourage and facilitate ridesharing, and require businesses to establish rideshare programs, as provided. This bill would increase the term of office for the city council district members to 4 years from 3 years, would increase the term of office for t he public member with medical or scientific expertise in the health effects of air pollution to 4 years from 3 years, and would add 4 public members to the district board, appointed by the Governor to serve 4-year May 9, 2023 Item #2 Page 26 of 53 terms, as specified. Of these 4, one member would be from a California Native American tribe chosen from a list of candidates submitted by local tribal organizations with a presence within the San Joaquin Valley Air Basin, and 3 members would be appointed with the advice and consent of the Speaker of the Assembly. Status: 4/28/2023-Failed Deadline pursuant to Rule 61(a)(2). (Last location was L. GOV. on 3/23/2023)(May be acted upon Jan 2024) AB 1297 (Quirk-Silva) Public restrooms. (Introduced: 2/16/2023) Link Would require each local government, as defined, to complete an inventory of public restrooms owned and maintained by the local government, either directly or by contract, that are available to the general population in its jurisdiction by July 1, 2024. The bill would require local governments to report their findings to the State Department of Public Health, which would be required to compile the information and to make the inventory available in a searchable database on its internet website by March 1, 2025, as specified. The bill would require the database to be updated quarterly. The bill would require the department to conduct educational outreach to the general public and homelessness service providers that the database is available on its internet website. Status: 4/19/2023-ln committee: Set, first hearing. Referred to suspense file. AB 1379 (Papan) Open meetings: local agencies: teleconferences. (Amended: 3/23/2023) Link The Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body be open and public, and that all persons be permitted to attend unless a closed session is authorized. The act generally requires for teleconferencing that the legislative body of a local agency that elects to use teleconferencing post agendas at all teleconference locations, identify each teleconference location in the notice and agenda of the meeting or proceeding, and have each teleconference location be accessible to the public. Current law also requires that, during the teleconference, at least a quorum of the members of the legislative body participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction. This bill, with respect to those general provisions on teleconferencing, would require a legislative body electing to use teleconferencing to instead post agendas at a singular designated physical meeting location, as defined, rather than at all teleconference locations. The bill would remove the requirements for the legislative body of the local agency to identify each teleconference location in the notice and agenda, that each teleconference location be accessible to the public, and that at least a quorum of the members participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction. Status: 4/28/2023-Failed Deadline pursuant to Rule 61(a)(2). (Last location was L. GOV. on 3/23/2023)(May be acted upon Jan 2024) AB 1484 (Zbur) Temporary public employees. (Amended: 3/28/2023) Link The Meyers-Milias-Brown Act (act) authorizes local public employees, as defined, to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on matters of labor relations. Current law generally requires that the scope of representation under the act include all matters relating to employment conditions and employer- employee relations, while excepting the consideration of the merits, necessity, or organization of any May 9, 2023 Item #2 Page 27 of 53 service or activity provided by law or executive order. Current law states that the Legislature finds and declares that the duties and responsibilities of local agency employer representatives under the act are substantially similar to the duties and responsibilities required under existing collective bargaining enforcement procedures and therefore the costs incurred by the local agency employer representatives in performing those duties and responsibilities under that act are not reimbursable as state-mandated costs. This bill would impose specified requirements with respect to the temporary employees, as defined, 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, as specified, upon the request ofthe recognized employee organization. Status: 5/3/2023-ln committee: Set, first hearing. Referred to suspense file. Client Position: Pending Oppose Notes: 5/3/23: EN tagged as pending oppose. AB 1637 (Irwin) Local government: internet websites and email addresses. (Amended: 4/27/2023) Link Would, no later than January 1, 2026, require a local agency, as defined, that maintains an internet website for use by the public to ensure that the internet website utilizes a ".gov" top-level domain or a ".ca.gov" second-level domain and would require a local agency that maintains an internet website that is noncom pliant with that requirement to redirect that internet website to a domain name that does utilize a ".gov" or ".ca.gov" domain. This bill, no later than January 1, 2026, would also require a local agency that maintains public email addresses to ensure that each email address provided to its employees utilizes a ".gov" domain name or a ".ca.gov" domain name. By adding to the duties of local officials, the bill would impose a state-mandated local program. Status: 5/1/2023-Re-referred to Com. on APPR. SB 252 (Gonzalez) Public retirement systems: fossil fuels: divestment. (Amended: 4/20/2023) Link Would prohibit the boards of the Public Employees' Retirement System and the State Teachers' Retirement System from making new investments or renewing existing investments of public employee retirement funds in a fossil fuel company, as defined. The bill would require the boards to liquidate investments in a fossil fuel company on or before July 1, 2031. The bill would temporarily suspend the above-described liquidation provision upon a good faith determination by the board that certain conditions materially impact normal market mechanisms for pricing assets, as specified, and would make this suspension provision inoperative on January 1, 2035. The bill would provide that it does not require a board to take any action unless the board determines in good faith that the action is consistent with the board's fiduciary responsibilities established in the California Constitution. Status: 5/1/2023-May 1 hearing: Placed on APPR suspense file. SB 428 (Blakespear) Temporary restraining orders and protective orders: employee harassment. (Amended: 4/11/2023) Link May 9, 2023 Item #2 Page 28 of 53 Would additionally authorize any employer whose employee has suffered harassment, as defined, to seek a temporary restraining order and an injunction on behalf of the employee and other employees upon a showing of clear and convincing evidence that an employee has suffered harassment, that great or irreparable harm would result to an employee, and that the respondent's course of conduct served no legitimate purpose. The bill would expressly prohibit a court from issuing such an order to the extent that the order would prohibit speech or activities protected by t he federal National Labor Relations Act or specified provisions of law governing the communications of exclusive representatives of public employees. Status: 4/24/2023-April 24 hearing: Placed on APPR suspense file. Client Position: Sponsor Notes: 3/10/23: Amy submitted letter to portal. 3/10/23: EN emailed delegation. 4/17 /23: EN submitted letter to Sen Approps. 4/24/23: SG testified in support in Senate Appropriations Committee 4/27 /23: EN submitted a coalition letter. 4/28/23: EN submitted an updated coalition letter. SB 654 (Jones) Local agencies: public property: airport leases. (Amended: 4/13/2023) Link Current law authorizes a local agency to lease or sublease property owned, leased, or otherwise controlled by it for a period not to exceed 50 years for airport purposes or purposes incidental to aircraft. This bill would authorize a local agency and the leaseholder, with respect to a lease or sublease entered into pursuant to the above-described authority, to amend the lease or sublease to extend the duration of the lease or sublease, to terminate the lease or sublease and enter into a new lease or sublease, or to transfer an existing lease or sublease, as specified. Status: 4/24/2023-Read third time. Passed. (Ayes 39. Noes 0.) Ordered to the Assembly. In Assembly. Read first time. Held at Desk. Notes: 4/12/23 SG: Carlsbad Jet Center is in support SB 660 (Alvarado-Gil) Public employees' retirement systems: California Public Retirement System Agency Cost and Liability Panel. (Amended: 3/21/2023) Link Would establish the California Public Retirement System Agency Cost and Liability Panel, located in the Controller's office, with members as defined. The bill would assign responsibilities to the panel related to retirement benefit costs, including determining how costs and unfunded liability are apportioned to a public agency when a member changes employers within the same public retirement system or when a member concurrently retires with 2 or more retirement systems that have entered into reciprocity agreements. The bill would require the panel to meet no later than March 31, 2024, and quarterly beginning on April 1, 2024, and to submit a report to the Legislature, no later than December 31, 2024, providing information regarding the financial impact a public agency assumes when an employee transfers to another public agency within the same retirement system or when an employee transfers to a public agency in a reciprocal retirement system and concurrently retires under 2 or more systems. Status: 5/1/2023-May 1 hearing: Placed on APPR suspense file. SB 683 (Glazer) Hotels and short-term rentals: advertised rates: mandatory fees. (Amended: 4/13/2023) Link May 9, 2023 Item #2 Page 29 of 53 Would require a person that advertises a hotel room rate or short-term rental rate before the public in this state, or from this state before the public in any state, to include in the advertised hotel room rate or short-term rental rate all mandatory fees, as defined, that will be charged in order for the consumer to stay in the hotel room or short-term rental. The bill would require a hotel or a short-term rental to clearly and conspicuously disclose on its internet website a list of all mandatory fees and·credit card surcharges imposed on consumers. The bill would authorize certain public attorneys, including the Attorney General, to bring an enforcement action and would require a court to impose a civil penalty of not more than $10,000 for each violation after consideration of specified factors. The bill would also provide that a violation of its provisions constitutes a false or misleading statement under the FAL. By expanding the scope of a crime, the bill would impose a state-mandated local program. Status: 4/24/2023-April 24 hearing: Placed on APPR suspense file. Health and Human Services SB 43 (Eggman) Behavioral health. (Amended: 4/27/2023) Link The Lanterman-Petris-Short Act provides for the involuntary commitment and treatment of a person who is a danger to themselves or others or who is gravely disabled. Current law, for purposes of involuntary commitment, defines "gravely disabled" as either a condition in which a person, as a result of a mental health disorder, is unable to provide for their basic personal needs for food, clothing, or shelter or has been found mentally in competent, as specified. This bill expands the definition of "gravely disabled" to also include a condition in which a person, due to a mental health disorder or a substance use disorder, or both, is at substantial risk of serious harm, or is currently experiencing serious harm to their physical or mental health. The bill defines "serious harm" for purposes of these provisions to mean significant deterioration, debilitation, or illness due to a person's failure to meet certain conditions, including, among other things, attend to needed personal or medical care and attend to self-protection or personal safety. Status: 5/2/2023-Set for hearing May 8. Client Position: Support Calendar: 5/8/2023 10 a.m. -1021 0 Street, Room 2200 SENATE APPROPRIATIONS, PORTANTINO, ANTHONY, Chair, Notes: 3/14/23 SG: Subcommittee approved support position 3/29/23 SG: Testified in support in Senate Health Committee 4/7 /23 AB: Submitted letter of support to the Judiciary Committee and the Author through the Legislative portal. 4/7 /23: EN emailed letter to delegation. SB 363 (Eggman) Facilities for inpatient and residential mental health and substance use disorder: database. (Introduced: 2/8/2023) Link Would require, by January 1, 2025, the State Department of Health Care Services, in consultation with the State Department of Public Health and the State Department of Social Services, and by conferring with specified stakeholders, to develop a real-time, internet-based database to collect, aggregate, and display information about beds in specified types of facilities, such as chemical dependency recovery hospitals, acute psychiatric hospitals, and mental health rehabilitation centers, among others, to identify the availability of inpatient and residential mental health or substance use disorder treatment. The bill May 9, 2023 Item #2 Page 30 of 53 would require the database to include a minimum of specific information, including the contact information for a facility's designated employee, the types of diagnoses or treatments for which the bed is appropriate, and the target populations served at the facility, and have the capacity to, among other things, enable searches to identify beds that are appropriate for individuals in need of inpatient or residential mental health or substance use disorder treatment. Status: 4/24/2023-April 24 hearing: Placed on APPR suspense file. Client Position: Support Notes: 3/14/23 SG: Subcommittee approved support position 3/22/23 SG: Testified in support in Senate Health Committee 4/7 /23 AB: Submitted letter of support to the Judiciary Committee and the Author. 4/7 /23: EN emailed letter to delegation. 4/11/23 SG: Testified in support in Senate Judiciary Committee 4/24/23 SG: Testified in support in Senate Approps Homelessness AB 86 (Jones-Sawyer) Homelessness: Statewide Homelessness Coordinator. (Amended: 4/20/2023) Link Would require the Governor to appoint a Statewide Homelessness Coordinator, within the Governor's Office, to serve as the lead person for ending homelessness in California. The bill would require the coordinator to perform prescribed duties, including, among others, identifying a local leader in each relevant city, county, city and county, or other jurisdiction to serve as a liaison between the coordinator and that jurisdiction, overseeing homelessness programs, services, data, and policies between federal, state, and local agencies, coordinating the timing of release of funds and applications for funding for housing and housing-based services impacting Californians experiencing homelessness, and, in· collaboration with local leaders, providing annual recommendations to the Legislature and the Governor, as specified. The bill would authorize the coordinator to adjust state goals to the extent allowed by state law. Status: 5/3/2023-ln committee: Set, first hearing. Referred to suspense file. AB 1215 (Carrillo, Wendy) Pets Assistance With Support Grant Program: homeless shelters: domestic violence shelters: pets. (Amended: 3/30/2023) Link Would require the Department of Housing and Community Development to develop and administer the Pets Assistance With Support Grant Program (PAWS), to award grants to qualified homeless shelters and qualified domestic violence shelters, as defined. The bill would require grant recipients to meet certain availability and service requirements as they relate to the pets of people experiencing homelessness and people escaping domestic violence. The bill would authorize the department to use up to 7% of the funds appropriated in the annual Budget Act for those purposes for its costs in administering the program. Status: 4/19/2023-ln committee: Set, first hearing. Referred to suspense file. AB 1285 (Wicks) Homeless Housing. Assistance, and Prevention program and Encampment Resolution Funding program. (Amended: 5/1/2023) Link May 9, 2023 Item #2 Page 31 of 53 Current law establishes the Encampment Resolution Funding program, administered by the California lnteragency Council on Homelessness, to increase collaboration between the council, local jurisdictions, and continuums of care for specified purposes. Current law requires the council to award moneys pursuant to the program as competitive grants, as specified, to be used to support encampment resolution and rehousing efforts for local jurisdictions. Current law requires the council to prioritize funding applicants that demonstrate a commitment to cross-systems collaboration and innovative efforts to resolve encampment issues or have 50 or more individuals living in the encampment. This bill would require a continuum of care that shares geographic boundaries with a city, county, or city and county that is using state funding allocated pursuant to the Homeless Housing, Assistance, and Prevention program or the Encampment Resolution Funding program to submit evidence of collaboration with the city, county, or city and county that addresses how people served through encampment resolution will be prioritized for permanent housing within coordinated entry systems. Status: 5/2/2023-Re-referred to Com. on APPR. SB 7 (Blakespear) The Homeless Housing Obligation Act. (Amended: 5/1/2023) Link Would, by January 1, 2030, require each city and county to provide housing opportunities, as defined, for homeless individuals within its jurisdiction, based on their most recent point-in-time count. The bill would require each city and county to develop a housing obligation plan that describes how the city or county plans to increase housing opportunities in its jurisdiction so that it can offer at least one housing opportunity to each homeless individual, as specified. In this regard, the bill would require a housing obligation plan to include, among other things, goals and plans to fulfill the city or county's housing obligation, including specific projects and completion timelines, and the city or county's progress in reducing the number of homeless individuals in its jurisdiction. The bill would require a housing obligation plan to identify steps taken by the city or county to consult with other jurisdictions to ensure that the plan is consistent with regional homelessness planning efforts. The bill would require a city or county to submit its housing obligation plan to the Department of Housing and Community Development for review and post the plan to its internet website by January 1, 2025. The bill would require a city or county to update its housing obligation plan on or before January 1 of each subsequent year. Status: 5/1/2023-Read second time and amended. Re-referred to Com. on APPR. SB 31 (Jones) Encampments: sensitive areas: penalties. (Amended: 3/22/2023) Link Would prohibit a person from sitting, lying, sleeping, or storing, using, maintaining, or pladng personal 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. The bill would also provide that a violation of the prohibition may be charged as a misdemeanor or an infraction, at the discretion of the prosecutor. The bill would prohibit a person from being found in violation of the bill's provisions unless provided notice, at least 72 hours before commencement of any enforcement action, as provided. By imposing criminal penalties for a violation of these provisions, this bill would impose a state-mandated local program. Status: 4/28/2023-Failed Deadline pursuant to Rule 61(a)(2). (Last location was PUB. S. on 1/18/2023)(May be acted upon Jan 2024) May 9, 2023 Item #2 Page 32 of 53 Housing and Land Use AB 68 (Ward) Land use: streamlined housing approvals: density, subdivision, and utility approvals. (Amended: 4/12/2023) Link Would require a local government to approve a proposed housing development pursuant to a streamlined, ministerial approval process if the development meets certain objective planning sta ndards, including, but not limited to, a requirement that the proposed parcel for the development be a climate-smart parcel, as described, or be included in the applicable region's sustainable communities strategy as a priority development area. The bill would set forth procedures for approving these developments and would set forth various limitations for these developments. The bill would authorize the Department of Housing and Community Development to review, adopt, amend, and repeal guidelines, rules, and regulations to implement uniform standards or criteria that supplement or clarify the terms, references, or standards set forth by this process. Status: 4/28/2023-Failed Deadline pursuant to Rule 61(a)(2). (Last location was H. & C.D. on 3/16/2023)(May be acted upon Jan 2024) AB 434 (Grayson) Housing element: notice of violation. (Amended: 3/16/2023) Link The Planning and Zoning Law, except as provided, requires that a public hearing be held on an application for a variance from the requirements of a zoning ordinance, an application for a conditional use permit or equivalent development permit, a proposed revocation or modification of a variance or use permit or equivalent development permit, or an appeal from the action taken on any of those applications. That law, for housing development projects that submit a preliminary application prior to January 1, 2030, prohibits a city or county from conducting more than 5 hearings, as defined, held pursuant to these provisions, or any other law, ordinance, or regulation requiring a public hearing, if the proposed housing development project complies with the applicable, objective general plan and zoning standards in effect at the time an application is deemed complete, as defined. The Planning and Zoning Law also requires a local agency, pursuant to either local ordinance or statute, to provide for ministerial approval of applications for accessory dwelling units or junior accessory dwelling units in areas zoned for residential use, as specified. That law prohibits a local agency from denying a permit for an unpermitted accessory dwelling unit constructed prior to January 1, 2018, except as provided. This bill would additionally authorize the department to notify a city, county, city and county, or the Attorney General when the planning agency of a city, county, or city and county fails to comply with the above-described provisions relating to hearings for specified variances, ministerial approval of applications for accessory dwelling units or junior accessory dwelling units, permitting for unpermitted accessory dwelling units constructed prior to January 1, 2018, sale or conveyance of accessory dwelling units, ministerial approval of proposed housing developments, ministerial approval of parcel maps for urban lot splits, or housing development projects being deemed an allowable use of parcels within a zone where office, retail, or parking are a principally permitted use, as provided. Status: 4/20/2023-From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 19). Re-referred to Com. on APPR. AB 480 (Ting) Surplus land. (Amended: 4/5/2023) Link May 9, 2023 Item #2 Page 33 of 53 Current law prescribes requirements for the disposal of surplus land by a local agency, as defined, and requires, except as provided, a local agency disposing of surplus land to comply with certain notice requirements before disposing of the land or participating in negotiations to dispose of the land with a prospective transferee, particularly that the local agency send a notice of availability to specified entities that have notified the Department of Housing and Community Development of their interest in surplus land, as specified. Under current law, if the local agency receives a notice of interest, the local agency is required to engage in good faith negotiations with the entity desiring to purchase or lease the surplus land. Current law requires a local agency to take formal action in a regular public meeting to declare land is surplus and is not necessary for the agency's use and to declare land as either "surplus land" or "exempt surplus land," as supported by written findings, before a local agency may take any action to dispose of it consistent with an agency's policies or procedures. This bill would recast that provision and would exempt a local agency, in specified instances, from making a declaration at a public meeting for land that is "exempt surplus land" if the local agency identifies the land in a notice that is published and available for public comment at least 30 days before the exemption takes effect. Status: 4/27 /2023-From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (April 26). Re-referred to Com. on APPR. AB 510 (Jackson) Public social services: purposes. (Amended: 4/13/2023) Link Current law establishes various public social services programs, including, among others, CalWORKs and the State Supplementary Program for Aged, Blind and Disabled. Current law sets forth the purposes of public social services for which state grants are made to counties that include, among others, providing reasonable support and maintenance for needy and dependent families and persons. This bill would instead state that providing reasonable support and maintenance for needy and vulnerable children, adults, and families is a purpose of public social services. Status: 5/3/2023-ln committee: Hearing postponed by committee. AB 894 (Friedman) Parking requirements: shared parking. (Amended: 4/20/2023) Link Would require a public agency, as defined, to allow entities with underutilized parking to share their underutilized parking with the public, public agencies, or other entities. The bill would require a public agency to allow parking spaces identified in shared parking agreements to count toward meeting automobile parking requirements for a new or existing development or use, including, but not limited to, shared parking in underutilized spaces and in parking lots and garages that will be constructed as part of the development or developments when specified conditions regarding the distance between the entities that will share the parking are met. The bill would require the entities that are sharing parking to enter into a shared parking agreement, as specified. The bill would require a public agency to accept a parking analysis using peer-reviewed methodologies developed by a professional planning association, as specified, when determining the number of parking spaces that can be reasonably shared between different uses. The bill would require a public agency, private landowner, or lessor to examine the feasibility of shared parking agreements to replace new parking construction or limit the number of new parking spaces that will be constructed when state funds are being used on a proposed new development or before a parking structure or surface parking lot is developed using public funds. May 9, 2023 Item #2 Page 34 of 53 Status: 4/27 /2023-Coauthors revised. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 26). Re-referred to Com. on APPR. AB 976 (Ting) Accessory dwelling units: owner-occupancy requirements. (Introduced: 2/14/2023) link The Planning and Zoning Law, among other things, provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions. Current law requires a local ordinance to require an accessory dwelling unit to be either attached to, or located within, the proposed or existing primary dwelling, as specified, or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.This bill would instead prohibit a local agency from imposing an owner-occupancy requirement on any accessory dwelling unit. Status: 4/24/2023-Read second time. Ordered to third reading. Calendar: 5/4/2023 #74 ASSEMBLY THIRD READING FILE -ASSEMBLY BILLS, AB 983 (Cervantes) Surplus land. (Amended: 3/16/2023) link Current law establishes procedures for the disposal of surplus land, including requiring certain information to be provided to the Department of Housing and Community Development. These procedures do not apply to the disposal of exempt surplus land. Current law describes various categories of "exempt surplus land," including surplus land that is less than 5,000 square feet in area, less than the minimum legal residential building lot size for the jurisdiction in which the parcel is located, or 5,000 square feet in area, whichever is less, or has no record access and is less than 10,000 square feet in area; and is not contiguous to land owned by a state or local agency that is used for open-space or low-and moderate-income housing purposes. In this regard, if this category of surplus land is not sold to an owner of contiguous land, it is not considered exempt surplus land and is subject to the surplus land procedures. This bill would expand the above category of "exempt surplus land" to include land that is designated in an adopted downtown revitalization plan not to exceed 1.1 square miles and includes residential, commercial, office, civic and hospitality uses. Status: 4/28/2023-Failed Deadline pursuant to Rule 61(a)(2). (Last location was L. GOV. on 3/16/2023)(May be acted upon Jan 2024) AB 1176 (Zbur) General plans: Local Electrification Planning Act. (Amended: 5/1/2023) link The Planning and Zoning Law requires a city or county to adopt a comprehensive general plan for the city's or county's physical development that includes various elements, including, among others, a land use element that designates the proposed general distribution and general location and extent of the uses of the land in specified categories, and a circulation element that identifies the location and extent of existing and proposed major thoroughfares, transportation routes, terminals, any military airports and ports, and other local public utilities and facilities, as specified. This bill, the Local Electrification Planning Act, would require a city or county to either adopt a climate action electrification element as part of the general plan, or otherwise amend the general plan, to, among other things, identify strategies, policies, and proposed ordinance amendments to meet California's greenhouse gas reduction goals requiring increased electrification of transportation and buildings. Status: 5/2/2023-Re-referred to Com . on APPR. May 9, 2023 Item #2 Page 35 of 53 AB 1218 (Lowenthal) Development projects: demolition of residential dwelling units. (Amended: 4/13/2023) Link The Housing Crisis Act of 2019, among other things, prohibits an affected city or an affected county, as defined, from approving a housing development project that will require the demolition of one or more residential dwelling units, unless the project creates at least as many residential dwelling units as will be demolished. The act also prohibits an affected city or affected county from approving any housing development project that will require the demolition of occupied or vacant protected units, unless specified conditions are met. In this regard, the act requires a project that will require the demolition of occupied or vacant protected units to, among other things, (1) replace all existing or demolished protected units, (2) include a minimum amount of residential units, (3) allow existing occupants to occupy their units until 6 months before the start of construction activities, and (4) provide relocation benefits to the existing occupants of any protected units that are lower income households. This bill would expand the demolition of residential dwelling units prohibitions to prohibit an affected city or affected county from approving any development project that will require the demolition of occupied or vacant protected units, or that is located on a site where protected units were demolished in the previous 5 years, unless the conditions described above are met. Status: 4/27 /2023-From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 26). Re-referred to Com. on APPR. AB 1287 (Alvarez) Density Bonus Law: additional density bonus and incentives or concessions: California Coastal Act of 1976. (Amended: 4/26/2023) Link Would require a city, county, or city and county to grant an additional density bonus, calculated as specified, when (1) an applicant proposes to construct a housing development that conforms to specified requirements, (2) the applicant agrees to include additional units affordable to very low income households or moderate income households, as specified, and (3) the housing development provides 24% of the base density units to lower income households, conforms to specified requirements and provides 15% of the base density units to very low income households, or conforms to specified requirements and provides 44% of the total units to moderate-income units. The bill would require a city, county, or city and county to grant four incentives or concessions for a project that includes at least 16% of the units for very low income households or at least 45% for persons and families of moderate income in a development in which the units are for sale. The bill would increase the incentives or concessions for a project in which 100% of all units are for lower income households, as specified, from 4 to 5. Status: 4/27 /2023-Re-referred to Com. on APPR. AB 1332 (Carrillo. Juan) Accessory dwelling units: preapproved plans. (Amended: 4/10/2023) Link Would require each local agency, by January 1, 2025, to develop a program for the preapproval of accessory dwelling unit plans, whereby the local agency accepts accessory dwelling unit plan submissions for preapproval and approves or denies the preapproval applications, as specified. The bill would authorize a local agency to charge a fee to an applicant for the preapproval of an accessory dwelling unit plan, as specified. The bill would require the loca l agency to post preapproved accessory dwelling unit plans and the contact information of the applicant on its internet website. The bill would May 9, 2023 Item #2 Page 36 of 53 require a local agency to either approve or deny an application for a permit for a proposed accessory dwelling unit within 30 days that utilizes either a preapproved accessory dwelling unit plan or a plan that is identical to a plan used in an application for a detached accessory dwelling unit approved by the local agency within the current triennial California Building Standards Code rulemaking cycle. Status: 4/27 /2023-From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 26). Re-referred to Com. on APPR. AB 1490 {Lee) Affordable housing development projects: adaptive reuse. {Amended: 5/1/2023) Link That Housing Accountability Act states that it shall not be construed to prohibit a local agency from requiring a housing development project to comply with objective, quantifiable, written development standards, conditions, and policies appropriate to, and consistent with, meeting the jurisdiction's share of the regional housing need, except as provided. That act further provides that a housing development project or emergency shelter shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision if there is substantial evidence that would allow a reasonable person to conclude that the housing development project or emergency shelter is consistent, compliant, or in conformity. Under this bill, an extremely affordable adaptive reuse project on an infill parcel that is not located on or adjoined to an industrial use site would be an allowable use. The bill would authorize a local agency to impose objective design review standards, except as specified. The bill would provide that for purposes ofthe Housing Accountability Act, a proposed housing development project is consistent, co mpliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision if the housing development project is consistent with the standards specified in these provisions. The bill would require a local agency to determine whether the proposed development meets those standards within specified timeframes. The bill would define an extremely affordable adaptive reuse project for these purposes to mean a multifamily housing development project that involves retrofitting and repurposing of an existing building that includes residential units, as specified, and that meets specified affordability requirements, including that 100% of the units be dedicated to lower income households, 50% of which shall be dedicated to very low income households, as specified. Status: 5/2/2023-Re-referred to Com. on APPR. AB 1505 {Rodriguez) Seismic retrofitting: soft story multifamily housing. {Introduced: 2/17/2023) Link Current law establishes the Seismic Retrofitting Program for Soft Story Multifamily Housing for the purposes of providing financial assistance to owners of soft story multifamily housing for seismic retrofitting to protect individuals living in multifamily housing that have been determined to be at risk of collapse in earthquakes, as specified. Current law also establishes the Seismic Retrofitting Program for Soft Story Multifamily Housing Fund, and its subsidiary account, the Seismic Retrofitting Account, within the State Treasury. Current law provides that the Legislature will appropriate $250,000,000 from the General Fund in the 2023-24 Budget Act to the Seismic Retrofitting Program for Soft Story Multifamily Housing Fund for the purposes of carrying out the program. Current law requires the California Residential Mitigation Program to develop and administer the program, as specified. Current law makes these provisions inoperative on July 1, 2042, and repeals them as of January 1, 2043. Th is bill would, instead, appropriate $250,000,000 from the General Fund to the CRMP for the pu_rpose of implementing the Seismic Retrofitting Program for Soft Story Multifamily Housing. May 9, 2023 Item #2 Page 37 of 53 Status: 5/3/2023-ln committee: Hearing postponed by committee. AB 1630 (Garcia) Planning and zoning: housing development approvals: student housing projects. (Amended: 3/21/2023) Link Would enact The Student Housing Crisis Act of 2023. The bill would require a city, county, or city and county to classify student and faculty and staff housing as a permitted use on all real property within 1,000 feet of a university campus, as defined, for zoning purposes. The bill would require a proposed student or fa culty and staff housing project, as defined, to be considered ministerially, without discretionary review or a hearing, if specified requirements are met, including that a minimum of 20% of the units in the project be rented by students or faculty and staff of the university. The bill would prohibit a local agency from imposing or enforcing on a student or faculty and staff housing project subject to ministerial consideration certain restrictions, including a minimum automobile parking requirement. The bill would require student or faculty and staff housing to have certain recorded deed restrictions, except as provided, that ensure for at least 55 years that, among other things, at least 20% of the units are affordable to lower income households, as defined, except as provided. In connect ion with an application submitted pursuant to these provisions, the bill would require a city, county, or city and county to take specified actions, including, upon the request of the applicant, provide a list of permits and fees that are required by the city, county, or city and county. By imposing new duties on local jurisdictions, this bill would impose a state-mandated local program. Status: 4/28/2023-Failed Deadline pursuant to Rule 61(a)(2). (Last location was H. & C.D. on 3/9/2023)(May be acted upon Jan 2024) AB 1657 (Wicks) The Affordable Housing Bond Act of 2024. (Amended: 4/17/2023) Link Would enact the Affordable Housing Bond Act of 2024, which, if adopted, would authorize the issuance of bonds in the amount of $10,000,000,000 pursuant to the State General Obligation Bond Law. Proceeds from the sale of these bonds would be used to finance programs to fund affordable rental housing and homeownership programs, including, among others, t he Multifamily Housing Program, the Ca lHome Program, and the Joe Serna, Jr. Farmworker Housing Grant Program. Status: 4/27 /2023-From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (April 26). Re-referred to Com. on APPR. SB 4 (Wiener) Planning and zoning: housing development: higher education institutions and religious institutions. (Amended: 3/28/2023) Link The Planning and Zo ning Law requires each county and city to adopt a comprehensive, long-term general plan for its physica l development, and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a housing element. That law allows a development proponent to submit an application for a development that is subject to a specified streamlined, ministerial approval process not subject to a conditional use permit, if the development satisfies certain objective planning standards. The Zenovich-Moscone-Chacon Housing and Home Finance Act establishes the California Tax Credit Allocation Committee within the Department of Housing and Community Development. Current law requires the committee to allocat e state low-income housing tax credits in conformity with state and federal law that establishes a maximum rent that may be charged to a tenant for a project unit constructed using low-income housing tax credits. This bill would require that a May 9, 2023 Item #2 Page 38 of 53 housing development project be a use by right upon the request of an applicant who subm its 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 develdpment is not adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use. The bill would define various terms for these purposes. Status: 4/27 /2023-From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 26). Re-referred to Com. on APPR. SB 294 (Wiener) Housing development projects: floor area ratios. (Introduced: 2/2/2023) Link The Planning and Zon ing Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Current law prohibits a local agency, as defined, from imposing a floor area ratio standard that is less than 1.0 on a housing development project that consists of 3 to 7 units, or less than 1.25 on a housing development project that consists of 8 to 10 units. Current law prohibits a local agency from imposing a lot coverage requirement that would physically preclude a housing development project of not more than 10 units from achieving the floor area ratios described above. This bill would delete the 10-unit maximum for eligible projects, and would prohibit a local agency from imposing a floor area ratio standard that is less than 2.5 on a housing development project that consists of 11 to 20 units. The bill would prohibit a local agency from imposing a floor area ratio standard that is less than 1.25 for every ten housing units, rounded to the nearest ten units, on a housing development project that consists of more than 20 units. Status: 4/28/2023-Failed Deadline pursuant to Rule 61(a)(2). (Last location was GOV. & F. on 2/15/2023)(May be acted upon Jan 2024) SB 423 (Wiener) Land use: streamlined housing approvals: multifamily housing developments. (Amended: 3/28/2023) Link The Planning and Zoning Law authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit, if the development satisfies specified objective planning standards, including, among others, that the development proponent has committed to record, prior to the issuance of the first building permit, a land use restriction or covenant providing that any lower or moderate-income housing units required, as specified, remain available at affordable housing costs, as defined, or rent to persons and families of lower or moderate-income for no less than specified periods of time. Current law repeals these provisions on January 1, 2026. This bill would authorize the Department of General Services to act in the place of a locality or local government, at the discretion of that department, for purposes of the ministerial, streamlined review for development on property owned by or leased to the state. Status: 4/27 /2023-From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 26). Re-referred to Com. on APPR. Client Position: Pending Oppose Notes: 5/3/23: EN tagged as pending oppose and sent a draft letter to Jason and Allegra. May 9, 2023 Item #2 Page 39 of 53 SB 450 (Atkins) Housing development: approvals. (Amended: 3/16/2023) Link Current law requires a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including that the proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls, except as provided. Current law authorizes a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, except as specified, on the proposed housing development. Current law authorizes a local agency to deny a proposed housing development if specified conditions are met, including that the building official makes a written finding that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment, as provided. This bill would remove the requirement that a proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls to be considered ministerially. The bill would prohibit a local agency from imposing objective zoning standards, objective subdivision standards, and objective design standards that do not apply uniformly to development within the underlying zone. This bill would remove the authorization for a local agency to deny a proposed housing development if the building official makes a written finding that the proposed housing development project would have a specific, adverse impact upon the physical environment. Status: 4/27 /2023-From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 26). Re-referred to Com. on APPR. SB 634 (Becker) Low Barrier Navigation Center: opportunity housing: use by right: building standards. (Amended: 5/1/2023) Link Current law provides that the California Environmental Quality Act (CEQA) does not apply to an action taken by a public agency to lease, convey, or encumber land owned by a public entity or to facilitate the lease, conveyance, or encumbrance of land owned by a public agency, or to provide financial assistance to, or otherwise approve, a Low Barrier Navigation Center constructed or allowed by existing law. CEQA does not apply to the ministerial approval of projects. Current law prescribes requirements for notifying a developer that its application for a Low Barrier Navigation Center development is complete and for the local jurisdiction to complete its review of the application. Current law declares that Low Barrier Navigation Center cfevelopments are essential tools for alleviating the homelessness crisis in this state and are a matter of statewide concern and thus applicable to charter cities. This bill would additionally require an opportunity housing project, as defined, to be a use by right if the project has a relocation plan for a situation when the parcel on which the project is located is no longer suitable for opportunity housing projects, as specified. The bill would also expand use by right to include sites used pursuant to Executive Order No. N-23-20 and areas zoned for medical use or faith-based use. The bill, by authorizing additional developments to be a use by right under certain circumstances, would expand the exemption for the ministerial approval of projects under CEQA. Status: 5/1/2023-Read second time and amended. Re-referred to Com. on APPR. SB 747 (Caballero) Land use: economic development: surplus land. (Amended: 5/1/2023) Link May 9, 2023 Item #2 Page 40 of 53 Current law authorizes a city, county, or city and county, with the approval of its legislative body by resolution after a public hearing, to acquire, sell, or lease property in furtherance of the creation of an economic opportunity, as defined. Existing law specifies the Legislature's intent regarding those provisions. This bill would authorize a city, county, or city and county, in addition t o a sale or lease, to otherwise transfer property to create an economic opportunity. The bill would make related, conforming changes. Status: 5/1/2023-Read second time and amended. Re-referred to Com. on APPR. Client Position: Support Notes: 4/11/23 SG: Carlsbad Legislative Subcommittee adopt support position 4/12/23 SG/EN: Testified in support in Senate Governance and Finance 4/13/23: EN sent draft letter to Jason and Allegra for review. 4/24/23: SG testified in support in Senate Housing Committee 5/3/23: EN uploaded t o Senate Appropriations and emailed delegation. SB 834 (Portantino) Housing: California Family Home Construction and Homeownership Bond Act of 2023. (Amended: 5/2/2023) Link Would enact the California Family Home Construction and Homeownership Bond Act of 2023 (bond act), which, if adopted, would authorize the issuance of bonds in the amount of $25,000,000,000 pursuant to the State General Obligation Bond Law to finance the California Family Home Construction and Homeownership Program, established as part of the bond act. The bill would authorize the Ca lifornia Housing Finance Agency to award California Socially Responsible Second Mortgage Loans to eligible applicants to use as a down payment or to pay closing costs on the purchase of a new home. The bill would also authorize the agency to award Family Homeownership Opportunity Infrastructure Improvement Loans to developers to be used for predevelopment infrastructure improvements and other upfront costs typically incurred in connection with new home construction, under specified co nditions. The bill would require that moneys received from a loan recipient for the repayment of financing provided under the program be used to pay debt service w hen due on bonds issued pursuant to the bond act. The bill would also authorize the agency to issue revenue bonds for t he purposes of financing the program, as specified. Status: 5/2/2023-Read second time and amended. Re-referred to Com. on APPR. Open Meetings and Transparency AB 557 (Hartl Open meetings: local agencies: teleconferences. (Introduced: 2/8/2023) Link The Ralph M. Brown Act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local age ncy's jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. Current law, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with those specified teleconferencing requirements in specified circumstances when a May 9, 2023 Item #2 Page 41 of 53 declared state of emergency is in effect, or in other situations related to public health, as specified. If there is a continuing state of emergency, or if state or local officials have imposed or recommended measures to promote social distancing, current law requires a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures. Current law requires a legislative body that holds a teleconferenced meeting under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option. Current law prohibits a legislative body that holds a teleconferenced meeting under these abbreviated teleconferencing procedures from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time. This bill would extend the above-described abbreviated teleconferencing provisions when a declared state of emergency is in effect, or in other situations related to public health, as specified, indefinitely. Status: 5/1/2023-Read second time. Ordered to third reading. Client Position: Support Calendar: 5/4/2023 #106 ASSEMBLY THIRD READING FILE -ASSEMBLY BILLS, Notes: 4/7/2023 AB: Submitted letter of Support to the ASM. Local Government Committee and added position. AB 817 (Pacheco) Open meetings: teleconferencing: subsidiary body. (Amended: 3/16/2023) Link Current law, until January 1, 2026, authorizes the legislative body of a local agency to use alternative teleconferencing in certain circumstances related to the particular member if at least a quorum of its members participate from a singular physical location that is open to the public and situated within the agency's jurisdiction and other requirements are met, including restrictions on ~emote participation by a member of the legislative body. This bill would authorize a subsidiary body, as defined, to use alternative teleconferencing provisions similar to the emergency provisions indefinitely and without regard to a state of emergency._ln order to use teleconferencing pursuant to the Ralph M. Brown Act, the bill would require the legislative body that established the subsidiary body by charter, ordinance, resolution, or other formal action to make specified findings by majority vote, before the subsidiary body uses teleconferencing for the first time and every 12 months thereafter. Status: 4/25/2023-ln committee: Hearing postponed by committee. SB 537 (Becker) Open meetings: multijurisdictional, cross-county agencies: teleconferences. (Amended: 4/24/2023) Link Current law, under the Ralph M. Brown Act, requires that, during a teleconference, at least a quorum of the members of the legislative body participate from locations within the boundaries of the territory over which the loca l agency exercises jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. Current law, until January 1, 2024, authorizes the May 9, 2023 Item #2 Page 42 of 53 legislative body of a local agency to use alternate teleconferencing provisions during a proclaimed state of emergency or in other situations related to public health that exempt a legislative body from the general requirements (emergency provisions) and impose different requirements for notice, agenda, and public participation, as prescribed. The emergency provisions specify that they do not require a legislative body to provide a physical location from which the public may attend or comment. Current law, until January 1, 2026, authorizes the legislative body of a local agency to use alternative teleconferencing in certain circumsta nces related to the particular member if at least a quorum of its members participate from a singular physical location that is open to the public and situated within the agency's jurisdiction and other requirements are met, including restrictions on remote participation by a member of the legislative body. These circumstances include if a member shows "just cause," including for a childcare or caregiving need of a relative that requires the member to participate remotely. This bill would expand the circumsta nces of "just cause" to apply to the situation in which an immunocompromised child, parent, grandparent, or other specified relative requires the member to participate remotely. Status: 5/3/2023-From committee: Do pass. (Ayes 9. Noes 2.) (May 2). Calendar: 5/4/2023 #3 SENATE SENATE BILLS -SECOND READING FILE, Public Safety and EMS AB 40 (Rodriguez) Emergency medical services. (Amended: 4/20/2023) Link Among other duties, current law requires the Emergency Medical Services 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 syst ems from local EMS a&encies. 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 every local EMS agency to develop a standard not to exceed 30 minutes, 90% of the time, for ambulance patient offload time. The bill would also require the authority to develop an audit tool to improve data accuracy regarding transfer of care, as specified, and to provide technical assistance and funding as needed, subject to an appropriation, for small rural hospitals and volunteer EMS providers to implement these provisions. The bill would require the authority to adopt emergency regulations to implement these provisions on or before March 1, 2024. Status: 4/24/2023-Re-referred to Com. on APPR. Client Position: Pending Support Notes: 4/20/23: EN tagged as pending support. 4/20/23 SG: Draft letter of support sent to City AB 93 (Bryan) Criminal procedure: consensual searches. (Amended: 2/23/2023) Link Would prohibit a peace officer or law enforcement agency from conducting a warrantless search of a vehicle, person, or their effects, based solely on a person's consent, as specified. The bill would specify that consent to conduct a search is not lawful justification for a search. May 9, 2023 Item #2 Page 43 of 53 Status: 3/8/2023-Read second time. Ordered to third reading. Calendar: 5/4/2023 #55 ASSEMBLY THIRD READING FILE -ASSEMBLY BILLS, AB 742 (Jackson) Law enforcement: police canines. (Amended: 3/15/2023) Link Would prohibit the use of an unleashed police canine by law enforcement to apprehend a person, and any use of a police canine for crowd control. The bill would prohibit law enforcement agencies from authorizing any use or training of a police canine that is inconsistent with this bill. Status: 4/26/2023-ln committee: Set, first hearing. Referred to suspense file. Client Position: Pending Oppose Notes: 4/20/23: EN tagged as pending oppose. 4/20/23 SG: Sent draft oppose letter to the City. AB 797 (Weber) Local government: police review boards. (Amended: 3/23/2023) Link Current law requires each department or agency in this state that employs peace officers to establish a procedure to investigate complaints by members of the public against the personnel of these departments or agencies, and to make a written description of this procedure available to the public. Current law also requires each department or agency to keep and maintain records of complaints and investigations, as specified. This bill would require the governing body of each city and county to, by January 15, 2025, create an independent community-based commission on law enforcement officer practices. The bill would authorize each commission to, among other things, conduct independent investigations of complaints against a police officer or sheriff alleging physical injury to a person, including injuries resulting in a person's death. Status: 4/28/2023-Failed Deadline pursuant to Rule 61(a)(2). (Last location was PUB. S. on 3/23/2023)(May be acted upon Jan 2024) AB 1082 (Kalra) Authority to remove vehicles. (Amended: 3/21/2023) Link Current law authorizes a peace officer and specified public employees, as an alternative to removal of a vehicle, to immobilize the vehicle with a device designed and manufactured for that purpose, if, among other circumstances, the vehicle is found upon a highway or public lands by the peace officer or employee and it is known to have been issued 5 or more notices of parking violations that are delinquent because the owner or person in control of the vehicle has not responded to the appropriate agency within a designated time period. This bill would delete the authority of a peace officer or public employee, as appropriate, to remove or immobilize a vehicle under those circumstances. The bill would repeal the related authority to conduct a lien sale to cover towing and storage expenses. The bill would make various conforming and technical changes. Status: 5/3/2023-ln committee: Hearing postponed by committee. AB 1188 (Boerner) Transportation: bicycle safety handbook. (Amended: 4/17/2023) Link Would, upon appropriation by the Legislature, require the Transportation Agency to develop and distribute, on or before September 1, 2024, a bicycle safety handbook that includes information on, among other things, existing laws regulating bicycles and e-bikes, safety equipment, and sharing roads and bikeways with other users, as specified. The bill would require the agency to make a downloadable May 9, 2023 Item #2 Page 44 of 53 electronic version of the bicycle safety handbook available on the internet, as specified, and in print at all Department of Motor Vehicles offices, state libraries, Department of the California Highway Patrol offices, and other appropriate state offices. In developing the handbook, the bill would require collaboration and consultation between the agency and the Department of Motor Vehicles, the Department of the California Highway Patrol, the California Office ofTraffic Safety, the Department of Transportation, and other relevant stakeholders, as specified. Status: 4/25/2023-From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 15. Noes 0.) (April 24). Re-referred to Com. on APPR. Client Position: Support Notes: 4/14/23: Letter sent to Jason for approval. Letter due 4/17 by noon. 4/17 /23: EN submitted letter to Assembly and emailed Celia in TBH office. AB 1329 (Maienschein) County jail incarcerated persons: identification card pilot program. (Amended: 4/12/2023) Link Current law requires the Department of Corrections and Rehabilitation and the Department of Motor Vehicles (DMV) to ensure that any eligible inmate, as defined, released from state prison has a valid identification card. Current law authorizes the Department of Corrections and Rehabilitation and the DMV to provide a renewed driver's license in lieu of an identification card if the inmate meets specified criteria. Existing law defines "eligible inmate," in part, as a person who has previously held a California driver's license or identification card, who has a usable photo on file with the Department of Motor Vehicles, and who meets certain requirements, including that they have provided, and the Department of Motor Vehicles has verified, specified information, such as the inmate's true full name. Current law requires the Department of Corrections and Rehabilitation, to the extent administratively feasible and within available resources, to facilitate the process between an eligible inmate and the agencies holding documentation required for the issuance of an identification card, as specified. This bill would authorize the Sheriff's Department of the County of San Diego and the DMV to implement a pilot program based on the above-described provisions to provide eligible incarcerated persons, as defined, a valid identification card or driver's license when they are released from a County of San Diego detention facility. Status: 5/3/2023-ln committee: Hearing postponed by committee. AB 1463 (Lowenthal) Automated license plate recognition systems: retention and use of information. (Amended: 5/1/2023) Link Current law requires automated license plate recognition (ALPR) operators and ALPR end-users, as those terms are defined, to implement usage and privacy policies and to maintain reasonable security procedures and practices regarding ALPR information, as specified. Current law requires the usage and privacy policy implemented by an ALPR operator or an ALPR end-user to include the length of time ALPR information will be retained and the process the ALPR operator or ALPR end-user will utilize to determine if and when to destroy retained ALPR information. This bill would require an ALPR operator or ALPR end-user that is a public agency, excluding an airport authority, to include in those policies, procedures, and practices a requirement that ALPR information that does not match information on a hot list, as defined, be purged in 30 days, as specified. The bill would also prohibit those ALPR operators May 9, 2023 Item #2 Page 45 of 53 and end-users from accessing an ALPR system that retains that unmatched ALPR information for more than 60 days, as specified. Status: 5/2/2023-Re-referred to Com. on APPR. AB 1708 (Muratsuchil Theft. (Amended: 4/12/2023) Link The Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, defines and prohibits an act of shoplifting and prohibits prosecution for an act of shoplifting under any other law. This bill would refine the definition of shoplifting and would specifically exclude certain offenses from prosecution as shoplifting, including, among others, the theft of a firearm or vehicle, identity theft, and credit card fraud. Status: 4/19/2023-Coauthors revised. Client Position: Support Notes: 4/18/23: EN testified in committee. SB 2 (Portantino) Firearms. (Amended: 3/1/2023) Link Current law prohibits a person from carrying a concealed firearm or carrying a loaded firearm in public. Current law authorizes a licensing authority, as specified, if good cause exists for the issuance, and subject to certain other criteria including, among other things, the applicant is of good moral character and has completed a specified course of training, to issue a license to carry a concealed handgun or to carry a loaded and exposed handgun, as specified. Under current law, the required course of training for an applicant is no more than 16 hours and covers firearm safety and laws regarding the permissible use of a firearm. This bill would require the licensing authority to issue or renew a license if the applicant is not a disqualified person for the license and the applicant is at least 21 years of age. The bill would remove the good character and good cause requirements from the issuance criteria. Under the bill, the applicant would be a disqualified person if they, among other things, are reasonably likely to be a danger to self, others, or the community at large, as specified. This bill would add the requirement that the applicant be the recorded owner, with the Department of Justice, of the pistol, revolver, or other firearm capable of being concealed upon the person. This bill would change the training requirement to be no less than 16 hours in length and would add additional subjects to the course including, among other things, the safe storage and legal transportation of firearms. Status: 4/10/2023-April 10 hearing: Placed on APPR suspense file. SB 44 (Umbergl Controlled substances. (Amended: 4/13/2023) Link Current law makes it a crime to possess for sale or purchase for purpose of sale, transport, import, sell, furnish, administer, give away, manufacture, compound, convert, produce, derive, process, or prepare various controlled substances, including, among others, fentanyl, peyote, and various other opiates and narcotics. This bill, Alexandra's Law, would require the court to advise a person who is convicted of, or who pleads guilty or no contest to, the above crimes, as specified, of the danger of selling or administering illicit drugs and counterfeit pills and that, if a person dies as a result of that action, the defendant can be charged with homicide. The bill would require the court to read the advisory statement in a case in which the defendant exchanged a controlled substance containing fentanyl or its May 9, 2023 Item #2 Page 46 of 53 analogs for anything else of value, as specified. The bill would require the advisory statement to be included in a plea form~ if used, and specified on the record. Status: 4/28/2023-Failed Deadline pursuant to Rule 61(a)(2). (Last location was PUB. S. on 4/13/2023)(May be acted upon Jan 2024) SB 400 (Wahab) Peace officers: confidentiality of records. (Amended: 4/12/2023) Link The California Public Records Act generally requires public records to be open for inspection by the public. Current law provides numerous exceptions to this requirement. Under current law, the personnel records of peace officers and custodial officers are confidential and not subject to public inspection. Current law provides certain exemptions to this confidentiality, including the reports, investigations, and findings of certain incident s involving the use of force by a peace officer. This bill would clarify that this confidentiality does not prohibit an agency that formerly employed a peace officer or custodial officer from disclosing the termination for cause of that officer, as specified. Status: 4/12/2023-Read second time and amended. Ordered to third reading. Calendar: 5/4/2023 #39 SENATE SENATE BILLS -THIRD READING FILE, SB 719 (Becker) Law enforcement agencies: radio communications. (Amended: 3/29/2023) Link Current law establishes the Ca liforn ia Law Enforcement Telecommunications System (CLETS) to make specified criminal justice databases, including individual criminal histories, wanted and missing persons, and stolen firearms, vehicles, and property, available to participating law enforcement agencies. Current law prohibits unauthorized access to CLETS and the unlawful use of CLETS information by authorized users. Current law authorizes the Attorney General to adopt policies, procedures, and practices related to the use of CLETS. These rules require a participating agency to restrict access to CLETS and define "access" as the ability to see or hear any information obtained from CLETS. This bill would require a law enforcement agency, including the Department of the California Highway Patrol, municipal police departments, county sheriff's departments, specified local law enforcement agencies, and specified university and college police departments, to, by no later than January 1, 2024, ensure public access, in real time, to the radio communications of that agency, as specified. Status: 4/24/2023-April 24 hearing: Placed on APPR suspense file. Revenue and Taxation ACA 1 (Aguiar-Curry) Local government financing: affordable housing and public infrastructure: voter approval. (Introduced: 12/5/2022) Link The California Constitution prohibits the ad valorem tax rate on real property from exceeding 1% of the full cash value of the property, subject to certain exceptions. This measure would create an additional exception to t he 1% limit that would authorize a city, county, city and county, or special district to levy an ad valorem tax to service bonded indebtedness incurred to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, or permanent supportive housing, or the acquisition or lease of real property for those purposes, if the proposition proposing that tax is approved by 55% of the voters of the city, county, or city and county, as applicable, and the proposition includes specified accountability requirements. The measure would specify that these May 9, 2023 Item #2 Page 47 of 53 ADVOCACY FOR THE PUBLIC GOOD. provisions apply to any city, county, city and county, or special district measure imposing an ad valorem tax to pay the interest and redemption charges on bonded indebtedness for these purposes that is submitted at the same election as this measure. Status: 12/6/2022-From printer. May be heard in committee January 5. Transportation and Public Works AB 6 (Friedman) Transportation planning: regional transportation plans: Solutions for Congested Corridors Program: reduction of greenhouse gas emissions. (Amended: 3/16/2023) Link Current law requires that each regional transportation plan also include a sustainable communities strategy prepared by each metropolitan planning 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 require the state board, after January 1, 2024, and not later than September 30, 2026, to establish additional targets for 2035 and 2045, respectively, as specified. Status: 4/25/2023-From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 2.) (April 24). Re-referred to Com. on APPR. AB 7 (Friedman) Transportation: project selection processes. (Amended: 3/16/2023) Link Would require, on and after January 1, 2025, the project selection process for each transportation project that would be funded, at least partially, from specified funding sources, including the State Highway Account, the Road Maintenance and Rehabilitation Account, and the Trade Corridor Enhancement Account, to incorporate specified principles. The bill would require the Transportation Agency, on or before January 1, 2026, and annually thereafter, to submit a report to the Legislature on how those transportation projects that were completed during the prior year incorporated those principles. This bill contains other existing laws. Status: 5/3/2023-ln committee: Hearing postponed by committee. AB 334 (Rubio, Blanca) Public contracts: conflicts of interest. (Introduced: 1/30/2023) Link Current law prohibits members of the Legislature and state, county, district, judicial district, and city officers or employees from being financially interested in any contract made by them in their official capacity, or by any body or board of which they are members. Current law authorizes the Fair Political Practices Commission to commence an administrative or civil action against persons who violate this prohibition, as prescribed, and includes provisions for the co llection of penalties after the time for judicial review of a commission order or decision has lapsed, or if all means of judicial review of the order or decision have been exhausted. Current law identifies certain remote interests in contracts that are not subject to this prohibition and other situations in which an official is not deemed to be financially interested in a contract. This bill would establish that an independent contractor, who meets specified requirements, is not an officer for purposes of being subject to the prohibition on being financially interested in a contract. Status: 5/3/2023-From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (May 3). Calendar: 5/4/2023 #11 ASSEMBLY SECOND READING FILE --ASSEMBLY BILLS, May 9, 2023 Item #2 Page 48 of 53 AB 965 (Carrillo, Juan) Local government: broadband permit applications. (Amended: 5/1/2023) Link Would require a local agency to undertake batch broadband permit processing, as defined, upon receiving 2 or more broadband permit applications for substantially similar broadband project sites submitted at the sa me time by the same applicant, within a presumptively reasonable time, as defined. The bill would define "local agency" for these purposes to mean a city, county, city and county, charter city, special district, or, subject to specified exceptions, publicly owned utility. If a local agency does not approve those broadband permit applications for substantially similar broadband project sites and issue permits, or reject the applications and notify the applicants, within the presumptively reasonable time, the bill would require that all of those permits be deemed approved. The bill would authorize a local agency to place reasonable limits on the number of broadband project sites that are grouped into a single permit while undertaking batch broadband permit processing, as specified. The bill would provide that a local agency may only remove a broadband project site from grouping under a single permit under mutual agreement with the applicant or to expedite the approval of other substantially similar broadband project sites. The bill would specify that these provisions do not apply to eligible facility requests, as defined. Status: 5/2/2023-Re-referred to Com. on APPR. AB 971 (Lee) Vehicles: transit-only traffic lanes. (Amended: 4/11/2023) Link Current law prohibits a person from operating a motor vehicle, or stopping, parking, or leaving a vehicle standing, on a portion of the highway designated for the exclusive use of public transit buses, subject to specified exceptions. Current law also requires a public transit agency to place and maintain signs and traffic control devices indicating that a portion of a highway is designated for the exclusive use of public transit buses, as specified. This bill would instead make these provisions applicable to transit-only traffic lanes. The bill would define transit-only traffic lanes as any designated transit-only lane on which use is restricted to mass transit vehicles, or other designated vehicles including taxis and van pools, during posted times. Status: 5/3/2023-Referred to Com. on TRANS. SB 295 (Dodd) Vehicles: regulations on public property. (Amended: 3/15/2023) Link Current law authorizes a public agency to adopt rules or regulations to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, electric bicycles, skateboards, electrically motorized boards, and roller skates on public property under the jurisdiction of that agency, as specified. This bill would additionally include certain transportation devices for the purposes of this provision, including, among other things, scooters, pocket bicycles, and golf carts, as specified. Status: 4/18/2023-Read second time. Ordered to third reading. Calendar: 5/4/2023 #46 SENATE SENATE BILLS -THIRD READING FILE, SB 538 (Portantino) Department of Transportation: Chief Advisor on Bicycling and Active Transportation. (Amended: 4/18/2023) Link Current law establishes the Department of Transportation and provides that the Director of Transportation shall perform all duties, exercise all powers and jurisdiction, assume and discharge all May 9, 2023 Item #2 Page 49 of 53 responsibilities, and carry out and effect all purposes vested by law in the department, except as otherwise provided by law. This bill would require the director to appoint a Chief Advisor on Bicycling and Active Transportation, to serve as the department's primary advisor on all issues related to bicycle transportation, safety, and infrastructure, as specified. Status: 5/1/2023-Set for hearing May 8. Calendar: 5/8/2023 10 a.m. -10210 Street, Room 2200 SENATE APPROPRIATIONS, PORTANTINO, ANTHONY, Chair, SB 677 (Blakespear) Intercity rail: LOSSAN Rail Corridor. (Amended: 4/17/2023) Link Current law authorizes the Department ofTransportation, subject to approval of the Secretary of Transportation, to enter into an interagency transfer agreement under which a joint powers board assumes responsibility for administering the state-funded intercity rail service in a particular corridor, including the LOSSAN Rail Corridor. Current law provides for the allocation of state funds by the secretary to a joint powers board under an interagency transfer agreement based on an annual business plan for the intercity rail corridor and subsequent appropriation of state funds. Existing law requires the joint powers board to submit the annual business plan to the secretary for review and recommendation by April 1 of each year. Current law requires the business plan to include, among other things, a report on the performance of t he corridor service, an overall operating plan, short-term and long-term capital improvement programs, funding requirements for the upcoming fiscal year, and an action plan with specific performance goals and objectives. This bill would require the LOSSAN Rail Corridor Agency, as part of the annual business plan submitted to the secretary, to include a description of the effects of climate change on the LOSSAN corridor, to identify projects planned to increase climate resiliency on the corridor, and to discuss possible funding options for those identified projects, as specified. To the extent the bill would add to the duties of the LOSSAN Rail Corridor Agency, the bill would impose a state- mandated local program. Status: 5/1/2023-Set for hearing May 8. Calendar: 5/8/2023 10 a.m. -10210 Street, Room 2200 SENATE APPROPRIATIONS, PORTANTINO, ANTHONY, Chair, SB 706 (Caballero) Public contracts: progressive design-build: local agencies. (Amended: 4/10/2023) Link Current law, until January 1, 2029, authorizes local agencies, defined as any city, county, city and county, or special district authorized by law to provide for the production, storage, supply, treatment, or distribution of any water from any source, to use the progressive design-build process for up to 15 public works projects in excess of $5,000,000 for each project, similar to the progressive design-build process authorized for use by the Director of General Services. Current law requires a local agency that uses the progressive design-build process to submit, no later than January 1, 2028, to the appropriate policy and fiscal committees of the Legislature a report on the use of the progressive design-build process containing specified information, including a description of the projects awarded using the progressive design-build process. Current law requires the design-build entity and its general partners or joint venture members to verify specified information under penalty of perjury. This bill would authorize all cities, counties, city and counties, or special districts to use the progressive design-build process for May 9, 2023 Item #2 Page SO of 53 other project s in addition to water-related projects and would extend these provisions until January 1, 2030. The bill would change the required reporting date to no later than December 31, 2028. Status: 4/27 /2023-Read third time. Passed. (Ayes 38. Noes 0.) Ordered to the Assembly. In Assembly. Read first time. Held at Desk. Water and Wastewater AB 62 (Mathis) Statewide water storage: expansion. (Amended: 4/20/2023) Link Current law establishes within the Natural Resources Agency the State Water Resources Control Board and the California regional water quality control boards. Current law requires the work of the state board to be divided into at least 2 divisions, known as the Division of Water Rights and the Division of Water Quality. This bill would establish a stat ewide 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 Department of Water Resources, in consultation with the state board, to take reasonable actions to promote or assist efforts to achieve the statewide goal, as provided. The bill would require the department, beginning Ju ly 1, 2027, and on or before July 1 every 2 years thereafter until January 1, 2043, in consultation with the stat e board, to prepare and submit a report to the Legislature on the progress made to achieve the statewide goal. Status: 4/24/2023-Re-referred to Com. on APPR. AB 305 (Villapudual California Flood Protection Bond Act of 2024. (Amended: 4/25/2023) Link Would enact the Ca lifornia Flood Protection Bond Act of 2024 which, if approved by t he voters, would authorize the issuance of bonds in the amount of $4,500,000,000 pursuant to the State General Obligation Bond Law for flood protection projects, as specified. The bill would provide for the submission of these provisions to the voters at the November 5, 2024, statewide general election. Status: 4/26/2023-Re-referred to Com. on APPR. AB 676 (Bennett) Water: general state policy. (Amended: 3/13/2023) Link Current law establishes various state water policies, including the policy that the use of water for domestic purposes is the highest use of water and that the next highest use is for irrigation. This bill would provide specific exa mples of the use of water for domestic purposes, including, but not limited to, sustenance of human beings and household conveniences. The bill would provide that all water rights remain subject to specified laws. Status: 5/3/2023-From committee: Amend, and do pass as amended. (Ayes 10. Noes 4.) (May 2). Calendar: 5/4/2023 #43 ASSEMBLY SECOND READING FILE --ASSEMBLY BILLS, AB 1572 (Friedman) Potable water: nonfunctional turf. (Amended: 4/20/2023) Link Would make legislative findings and declarations concerning water use, including that the use of potable water to irrigate nonfunctional turf is wasteful and incompatible with state policy relating to climate change, water conservation, and redu ced reliance on the Sacramento-San Joaquin Delta ecosystem. The bill would direct all appropriate state agencies to encourage and support the elimination of irrigation of nonfunctional turf with potable water. May 9, 2023 Item #2 Page 51 of 53 Status: 4/24/2023-Re-referred to Com. on APPR. AB 1596 (Alvarez) Watershed, Clean Beaches, and Water Quality Act: beaches: water quality. (Introduced: 2/17/2023) Link Existing law, the Watershed, Clean Beaches, and Water Quality Act, among other things, provides that it is the intent of the Legislature that the purpose of maintaining clean beaches, clean water, and an integrated and coordinated watershed program is to protect beaches, coastal waters, rivers, lakes, and streams from contaminants, pollution, and other environmental threats. The act requires the State Water Resources Control Board, in consultation with the State Coastal Conservancy, to award grants to public agencies and nonprofit organizations for projects designed to improve water quality at public beaches, as specified. This bill would require the board, to the extent feasible, to identify and implement projects to improve beach access and address ocean water quality on public beaches that experience significant restrictions of use, as defined, due to bacteria levels that exceed public health standards, whether the source is from urban runoff or transboundary flows. Status: 4/28/2023-Failed Deadline pursuant to Rule 61(a)(2). (Last location was E.S. & T.M. on 3/9/2023)(May be acted upon Jan 2024) ACA 2 (Alanis) Public resources: Water and Wildfire Resiliency Act of 2023. (Introduced: 12/5/2022) Link Would establish the Water and Wildfire Resi liency 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 Legis lature 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: 4/20/2023-Referred to Corns. on W., P., & W. and NAT. RES. SB 745 (Cortese) The Drought-Resistant Buildings Act. (Amended: 4/20/2023) Link Would require the Cal ifornia Building Standards Commission to research, develop, adopt, approve, codify, and publish voluntary and mandatory building standards to reduce potable water use in new residential and nonresidential buildings, as specified. The bill would require the commission to perform a review of voluntary and mandatory water efficiency and water reuse standards in the California Buildings Standards Code every 3 years, commencing with the next triennial edition, and update as needed. Status: 5/1/2023-May 1 hearing: Placed on APPR suspense file. May 9, 2023 Item #2 Page 52 of 53 THf !SSUE As Collfornlo's legal cannabis market matures. exposure to cannabis marketing. and the range of cannabis products. hove grown with It. Lows and regulations must also evolve alongside this new market to ensure the safety of our children and youth. PROMaSfS OF PROP 64 • "Marijuana products shall be: Ill Not designed to be appealing to children or easily confused with commercially sold candy or foods that do not contain marijuana." • Purpose and Intent to "Prohibit the marketing and advertising of nonmedlcol marijuana to persons younger than 21 years old:" • "Produced and sold with o standardized dosage of connoblnolds not to exceed ten 1101 milligrams tetrohydroconnoblnol ITHCI per serving.· Inexplicably. regulations weakened. rather than enforced. these protections. falling to put In place systems to assess and prevent products from being attractive to children or to resemble conventional candy or food typically marketed to kids. Product prohibition was limited only to those determined to violate these provisions on o case by case basis. The result hos been the prollferotlon of hundreds of products In legal commerce with characteristics of candles and foods typically marketed to or known to attract children and youth In their physical form. name. packaging or labeling. often with ten doses in a single soda con or edible bar. IMP ACT ON CHILDRE~J. • Annual cannabis exposures reported to Collfornlo Polson Control Increased from below 200 In 2010 to over 1600 by 2020: 50% Involved children. half below age 12; Ingestion of gummles. candles. chocolate and drinks Increased significantly. There were only 16 total reported gummy exposures between 2010 and 2015 vs. 409 In 2020 alone., • Notionally, edible cannabis poisonings of children six and under Increased 1.375% between 2017 and 2021.2 growing In severity. Many resulted In Intensive core or mechanical ventilation. and even. though uncommon, In death. In those under age 10. edibles were the first cause. followed by plant material. then concentrates and voplng products. For 10-20 year olds, plant material led, followed by edibles, concentrates and voplng products, demonstrating that the problem extends beyond Just edibles. • Cannabis-related emergency deportment visits In Collfornlo Increased by 75% between 2016 on~ 2020. • At Rody Children's Hospital In Son Diego. children under age 10 testing positive for THC quadrupled since 2016. mostly from edibles. of which three quarters were from candles or gummles. Half led to hospitollzotlon and one In ten to Intensive core. 3 • Multiple CA school districts experienced Incidents of cannabis poisoned children. often In groups, requiring evacuation by ambulance. typically ofter Ingesting products marketed to resemble candles or chips. Schools ore also seeing widespread voplng of high THC cannabis products marketed as flavored. Child exposure to and consumption of cannabis Is neither necessary nor on acceptable by-product of o legal cannabis market. Our children. youth. parents and schools cannot afford the continued proliferation of cannabis products attractive to children. The Cannabis Candy Child Protection Act will honor the promise and Intent of Prop 64 to keep cannabis and Its products out of the hands and bodies of our children. ~D_ ... 1.!fJ "Jtrm; • Clarify the definition of what Is considered "attractive to children." • Clearly prohibit the sole, manufacture. packaging. labeling or marketing of cannabis products In forms attractive to children. • Require that edible cannabis products be composed of physically separated Individual doses. • Require that hard candles or gummles. the most frequently Ingested by young children. not be brightly colored. • Create consistency with AB 793/Proposltlon 31 for tobacco by prohibiting marketing of cannabis products Intended for Inhalation as flavored. tactics known to Initiate youth use !cannabis vope parallels to flavored Juul!. • Require adoption of emergency regulations to Implement these provisions. !:X.J~ M PL c$ These ore examples of cannabis products and their packaging clearly Imitating a candy /food marketed to children and likely to attract youth. Source: Weedmops For More Information Contact: Dr. Lynn Sliver. lsllver@phl.org May 9, 2023 I: UBUC JEALTH NSTITUTE Item #2 Pa-ge 53 'of {)I ward