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2023-09-12; City Council Legislative Subcommittee; ; Legislative and Advocacy Update and Update on Proposed Ballot Measures
LEGISLATIVE SUBCOMMITTEE Staff Report Meeting Date: Sept. 12, 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 and Update on Proposed Ballot Measures 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; and receive informational update on proposed state ballot measures ACA 1, ACA 13, the Government Transparency Act, and the Taxpayer Protection and Government Accountability Act to discuss and identify 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 federa l and state legislative activity (Exhibits 1 and 2) and the priority legislation (Exhibit 3) and intergovernmental matters being tracked on behalf of the city. 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. Exhibit 2 includes references to two state constitutional amendments being proposed by the Legislature and two citizen-initiated measures that are either already qualified or seeking to qualify for the November 2024 ballot: • ACA 1 (Aguiar-Curry) • ACA 13 (Ward) • Government Transparency Act • Taxpayer Protection and Government Accountability Act The city's legislative platform does not provide a basis for taking a position on a proposed ballot measure, therefore, if the Subcommittee determines that any of these issues warrant the city taking a position, they will need to be referred to the full City Council for consideration. Sept. 12, 2023 Item #3 Page 1 of 70 State law allows a public agency to adopt a position on a ballot measure as long as the position is taken at an open meeting where all voices have the opportunity to be heard. However, state law prohibits the use of public resources to campaign for or against a ballot measure. A summary of permissible and impermissible activities is included in Exhibit 4. 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 . If the Subcommittee decides to recommend that the city adopt a position concerning any of the proposed state ballot measures, staff will work with the City Manager to place an item on a future City Council agenda for consideration. Public Notification Public notice of this item was posted in keeping with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours before the scheduled meeting date. Exhibits 1. Carpi & Clay -Federal Update 2. Renne Public Policy Group -State Update 3. Carlsbad Priority Bill List -Sept. 5, 2023 4. Ballot Measure Activities & Public Resources Sept. 12, 2023 Item #3 Page 2 of 70 City of Carlsbad Federal Update A Look Ahead: Congress Returns to Washington August 31 , 2023 Congress has spent the month of August back at home in their respective districts/states. The Senate is scheduled to return the week of September 4th and the House the week of September 11 th. When Members return to Washington, their top focus will be on the Fiscal Year (FY) 2024 appropriations bills. The federal fiscal year ends on September 30th, and to avoid a government shutdown, Congress will need to pass a short-term Continu ing Resolution (CR). Given the current political climate in the House, the path forward for the CR will be more difficult than in previous years. In addition to the FY24 appropriations, Congress will need to deal with several other authorizations that expire at the end of the month, including Federal Aviation Administration (FAA) authorization, the Farm Bill, the Pandemic and All-Hazards Preparedness Act, the President's Emergency Plan for AIDS Relief and the National Flood Insurance Program. FY 2024 House vs. Senate Community Project Funding The chart below provides a side-by-side comparison of community project requests in both the House and Senate FY24 appropriations bills. A couple of important items to note: 1) the Defense, Legislative Branch, and State and Foreign Operations bills were not included in the community project request process, and 2) the House Financial Services and Labor, HHS, and Education bills do not contain any community project requests. House CPF FY24 Bill Amount (in millions) Agriculture $485 Commerce, Justice, $600 Science Energy & Water $944.5 Financial $0 Services Homeland $181 .2 Security Interior-$880 Environment Sept. 12, 2023 # of House Community Projects (earmarks) 396 683 90 0 123 767 www.carpiclay.com Senate CPF Amount (in millions) $297 $547.276 $783.22 $188 $120 $744 Item #3 # of Senate Community Projects (earmarks) 226 460 176 196 91 436 1 Page 3 of 70 Labor-HHS-$0 0 $1 ,429.6 1,074 Education MilCon-VA $294.6 24 $1 ,332 125 Transportation-$3,969 2,668 $2,137.5 919 HUD 0MB Submits $40.1 Billion Supplemental Funding Request The White House Office of Management and Budget (0MB) submitted a $40.1 billion supplemental funding request to Congress that requests funding for Ukraine, natural disaster relief, and border security. The request details $13.1 billion for military aid and $8.5 billion for diplomatic programs related to the ongoing conflict in Ukraine, $12 billion for the disaster relief fund at the Federal Emergency Management Agency (FEMA), and $4 billion to fund border security programs at the Departments of Homeland Security (OHS), Health and Human Services (HHS), and State. The full request can be found HERE. Treasury Releases ARPA SLFRF Flexibility Interim Final Rule The Department of the Treasury released its Interim Final Rule (IFR) for the implementation of American Rescue Plan Act (ARPA) State and Local Fiscal Relief Funds (SLFRF) for additional infrastructure needs. The FY23 omnibus appropriations package included the State, Local, Tribal, and Territorial Fiscal Recovery, Infrastructure, and Disaster Relief Flexibility Act, a bill introduced by Senators John Cornyn (R-TX) and Alex Padilla (D-CA), which allows state and local governments to use SLFRF for additional infrastructure projects. An overview can be found HER_!; and the full IFR can be found HJ:RE. DOT Publishes SMART Grant Stage 1 NOFO The Department of Transportation (DOT) published a notice of funding opportunity (NOFO) for the availability of $500 million for the Strengthening Mobility and Revolutionizing Transportation (SMART) Grants Program. DOT is accepting applications for Stage 1 Planning and Prototyping grants to fund innovative solutions aimed at solving real-world transportation problems and building data, technology capacity, and experience for state, local, and tribal governments. The funding opportunity is open to public sector entities seeking to carry out transportation projects that demonstrate at least one of the following technology areas : • Coordinated automation; • Connected vehicles; • Sensors; • Systems integration; • Delivery/logistics; • Innovative aviation; • Smart grid ; and/or ■ Traffic signals. Sept. 12, 2023 www.carpiclay.com Item #3 2 Page 4 of 70 Applications are due October 10th and more information can be found HERE. 0MB Releases Final BABA Guidance 0MB released its final guide on implementing provisions of the Build America, Buy America (BABA) Act included as part of the Bipartisan Infrastructure Law (BIL). The guidance outlines the statutory requirements and domestic sourcing standards for manufactured products, construction materials, iron, and steel used in federally funded infrastructure projects. A summary of the guidance can be found HERE and the full guidance can be found HER_f:. EPA and USACE Release Amended WOTUS Rule The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) released an updated Water of the United States (WOTUS) rule . Following the U.S. Supreme Court decision in May in the Sackett v. EPA case, EPA and USACE were required to amend the rule to address language regarding wetlands protections. In the newly released rule, the definition for wetlands regulated under WOTUS are only wetlands with relatively permanent surface water connections to larger waterways. Additionally, EPA and USACE did not put the amended rule out for public comment, citing the "good cause" exception of the Administrative Procedure Act as the agencies claim the rule was being amended to comply with the Supreme Court ruling. The amended rule can be found HERE. CISA Announces Availability of $374.9 Million for SLCGP The Cybersecurity and Infrastructure Security Agency (CISA) announced the availability of $374.9 million in grant funding for the FY23 State and Local Cybersecurity Grant Program (SLCGP). SLCGP was authorized by BIL and provides $1 billion in funding over four years to support state and local governments in developing the capabilities to detect, protect against, and respond to cyber threats. Applications are due October 6th and more information can be found HERE. Reclamation Announces 2024 Operating Conditions for Lake Powell and Lake Mead The Bureau of Reclamation (Reclamation) released the Colorado River Basin August 2023 24-month Study, which lays out the operating criteria for Lake Powell and Lake Mead. Based on projections in the study, Lake Powell will operate in a Mid-Elevation Release Tier with a 7.48 million acre-feet release in water year 2024. Consistent with existing agreements, Lake Mead will operate in a Level 1 Shortage Condition -an improvement from the Level 2 Shortage Condition announced last year -with required shortages by Arizona and Nevada, coupled with Lower Basin Drought Contingency Plan water savings contributions. These levels will remain in effect until the near-term guidelines from the Supplemental EIS are finalized. www.carpiclay.com Sept. 12, 2023 Item #3 3 Page 5 of 70 Companion Water Efficiency and Conservation Bills Reintroduced California Representative Mike Levin (D) and Senator Padilla introduced companion legislation in the House and Senate titled the Water Efficiency, Conservation, and Sustainability Act of 2023 (H.R. 5016/5. 2654). The legislation would create three new programs at EPA to address water inefficiencies and losses in public water systems: • Water Efficiency and Conservation Grant Program ($50 million/year for five years): Would provide funding to states, municipalities, and water systems to carry out water efficiency incentive and direct installation programs. • Sustainable Water Loss Control Program ($40 million/year for five years): Would provide funding and technical assistance to conduct annual water audits, implement controls to address losses, and establish water loss control programs. • Assistance for Water Efficient Plumbing Code Adoption ($20 million/year for five years): Would provide funding to state, local, and tribal governments to assist in the voluntary adoption and implementation of model water-efficient plumbing codes. A fact sheet on the legislation can be found HERE. Congressional Letters California Members Urge Federal Disaster Declaration for Tropical Storm Hilary. California Republican and Democratic Members sent separate letters to President Biden urging rapid approval of a major federal disaster declaration related to Tropical Storm Hilary's impacts on the state. The Republican-led letter was signed by Speaker McCarthy and Reps. Kevin Kiley, David Valadao, Jay Obernolte, Mike Garcia, Young Kim , Ken Calvert, and Michelle Steel, and can be found HERE. The Democratic-led letter was signed by Reps. Raul Ruiz, Pete Aguilar, Norma Torres, and Mark Takano, and can be found HERE. California Senators Request $310 Million for Tijuana River Border Pollution. California Senators Dianne Feinstein (D) and Padilla sent a letter to Senate Majority Leader Chuck Schumer (D-NY) and Appropriations Committee Chair Patty Murray (D- WA) requesting $310 million in the upcoming supplemental funding package to repair infrastructure to treat sewage that enters the Tijuana River in Mexico and flows across the border into the U.S. The letter notes that Tropical Storm Hilary caused millions of gallons of untreated water to cross the border, polluting the ocean and nearby waterways. The text of the letter can be found HERE. Federal Funding Opportunities & Announcements DOT Publishes BABA Waiver for De Minim is Costs and Small Grants. DOT finalized a limited waiver of BABA requirements included in the Bipartisan Infrastructure Law (BIL) for de minimis costs and small grants. The final waiver is narrower than what DOT www.carpiclay.com Sept. 12, 2023 Item #3 4 Page 6 of 70 proposed on November 4th, 2022. The waiver is applicable to awards that are obligated on or after August 16th and more information can be found HERE. Grant Program. The program provides funding for state, local, and tribal government projects that focus on siting and permitting transmission lines to expand capacity and support nearby communities. DOE is hosting a webinar on the program on September 14th at 2:00 pm ET and registration can be found HERE. Concept papers are due Oct DOE Announces $300 Million TSED NOFO. The Department of Energy (DOE) released a NOFO for the availability of $300 million for the Transmission Siting and Economic Development ober 3151 and applications are due April 5th. More information can be found HERE. EPA Publishes DERA NOFO. The Environmental Protection Agency (EPA) published a NOFO for the availability of $115 million in grant funding under the Diesel Emissions Reduction Act (DERA) for projects that cut pollution from the nation's existing fleet of older diesel engines. Funding can be used to upgrade or replace older diesel-powered buses, trucks, marine engines, locomotives, and nonroad equipment with newer more efficient technologies. Applications are due December 1st and more information can be found HERE. FAA Announces AIP and BIL Grant Awards. FAA announced $121 million in Airport Improvement Program (AIP) BIL funding to projects that will help reduce the risk of runway incursions. The projects will help configure taxiways that may cause confusion, install new lighting systems, and provide more flexibility on the airfield. The list of awards can be found HERE. FEMA and CBP Announce $77.3 Million for Shelter and Services Program. FEMA and U.S. Customs and Border Protection (CBP) announced $77.3 million in grant funding for 53 recipients through the Shelter and Services Program. This program provides funding for temporary shelter and other associated costs with migrants awaiting the outcome of their immigration proceedings. The list of awards can be found HERE. FEMA Announces $2.442 Billion in BRIC and FMA Awards. FEMA announced $2.442 billion in Building Resilient Infrastructure and Communities (BRIC) and Flood Mitigation Assistance (FMA) awards to support hazard mitigation projects by state, local, tribal, and territorial governments. BRIC-funded projects received $1.8 billion, and FMA-funded projects received $642 million. The list of projects selected can be found HERE. FHWA Announces Calvert AOP Program Grant Awards. The Federal Highway Administration (FHWA) announced $196 million in grant awards to 59 tribal, state, and local governments through the Calvert Aquatic Organism Passage (AOP) Program to remove 169 culvert barriers and improve fish passage. The grants will help improve approximately 550 miles of stream habitat in the watersheds that support iconic fish runs. A list of awards can be found HERE. FHWA Announces AID Demonstration Program Grant Awards. FHWA announced $8.8 million in grants for ten projects in eight states through the Accelerated Innovation www.carpiclay.com Sept. 12, 2023 Item #3 5 Page 7 of 70 Deployment (AID) Demonstration program. The awards will fund projects that accelerate the implementation and adoption of innovation in highway transportation and demonstrate state-of-the-art technologies. The list of awards can be found HERE. HUD Releases $73 Million VASH ROI NOFO. The Department of Housing and Urban Development (HUD) announced the availability of $73 million for the Veterans Affairs Supportive Housing (VASH) Summer Registration of Interest (ROI). The program provides funding for Public Housing Authorities to assist homeless veterans, and HUD estimates the funding will provide up to 7,500 new VASH vouchers . ROls are due September 15th and more information can be found HERE. Reclamation Releases NOFOs for Three WaterSMART Program Grants. The Bureau of Reclamation (Reclamation) released NOFOs for three grants under the WaterSMART Program, including: ■ Drought Resiliency Projects: Provides funding for projects that increase water management flexibility and operational resiliency. Applications are due October 3pt and more information can be found HERE. ■ Planning and Project Design Grants: Provides funding for collaborative planning and design projects to support water management improvements, including Water Strategy Grants, Project Design Grants, and Drought Contingency Plans. There are two application windows: to be considered for FY23, applications are due October 17th, and to be considered for FY24, applications are due April 2nd. More information can be found HERE. ■ Cooperative Watershed Management Program: Provides funding for activities to develop a watershed group, complete watershed restoration planning activities, and design watershed management projects. There are two application windows: to be considered for FY23, applications are due December 5th, and to be considered for FY24, applications are due September 3rd, 2024. More information can be found HERE. Federal Agency Personnel/Regulatory Announcements CEQ Releases Proposed Bipartisan Permitting Reform Implementation Rule. The Council on Environmental Quality (CEQ) announced its proposed Bipartisan Permitting Reform Implementation Rule to revise the regulations for implementing procedural provisions of the National Environmental Policy Act. CEQ is proposing to improve public involvement, provide regulatory certainty, and to consider climate change and environmental justice in decision making processes. Comments are due September 29th and more information can be found HERE. DHS Announces SchoolSafety.gov Awareness Campaign. The Department of Homeland Security (OHS) is leading a Back-to-School awareness campaign for federal resources available at SchoolSafety.gov. OHS is partnering with HHS and th e Departments of Education and Justice to educate school administrators, personnel, teachers, parents and guardians, and state and local government officials about school www.carpiclay.com Sept. 12, 2023 Item #3 6 Page 8 of 70 safety resources available from the federal government. More information can be found HERE. DOE Announces J.D. Power Partnership for EV Charging Infrastructure. DOE announced it is partnering with J.D. Power to help inform the development of more accessible and reliable charging networks and drive the widespread adoption of electric vehicles (EVs) throughout America. J.D. Power will share its EV Index-SM to provide DOE researchers with new data sets offering valuable insights into the rapidly growing EV market, as well as a deeper understanding of the EV charging consumer experience. More information can be found HERE . DOT Launches Project Delivery Center of Excellence. DOT launched the Project Delivery Center of Excellence to help recipients of federal infrastructure funds deliver projects more efficiently and effectively, from concept to completion. The Center will serve as a central resource for innovative practices and aims to bring project managers together to enable knowledge sharing and peer-to-peer learning. Initial plans for the Center include: ■ Simplifying the contracting process by providing newer, less experienced grant recipients with an off-the-shelf, high-quality model that they can use to ensure consistency and quality in design and construction contracts. ■ Centralizing Project Delivery Methods Best Practices and Convening Information Exchanges ■ Providing a central repository and disseminating national best practices and case studies in successful, innovative project development, project delivery, and cost containment efforts. ■ Working in partnership with the American Society of Civil Engineers and Association of Consulting Engineering Companies to develop and distribute templates and model language for transportation construction contracts. EPA Initiates Review of Ozone NAAQS. EPA announced a new review of the Ozone National Ambient Air Quality Standards (NAAQS) to update the standards to reflect current ozone conditions and consider new information related to acceptable ozone levels. EPA will consider reports on ozone science from the Clean Air Scientific Advisory Committee and the Ozone Review Panel while conducting the review. Comments are due October 24th and more information can be found HERE. EPA Releases Nationwide Monitoring Data on 29 PFAS and Lithium. EPA released the first set of data collected under the fifth Unregulated Contaminant Monitoring Rule. The new data will provide EPA with the frequency and levels that 29 per-and polyfluoroalkyl substances (PFAS) and lithium occur in drinking water systems. More information can be found HERE. FAA Publishes Updated AIP Buy American Waivers. FAA published an updated list of equipment frequently used in Airport Improvement Program (AIP) funded projects that www.carpiclay.com Sept. 12, 2023 Item #3 7 Page 9 of 70 have been included on a nationwide Buy American waiver. More information can be foun d t-iE_8E. FAA Publishes Runway Safety Fact Sheet. FM published an updated fact sheet on runway safety. The fact sheet provides information on runway safety risk identification and assessment, along with a description of different runway safety technologies and progression. The fact sheet can be found 1-iEBE. FAA Announces Runway Safety Meetings at 90 Airports. FM announced it will hold runway safety meetings at 90 airports starting now through September. During these meetings, airport stakeholders come together to identify unique risks to surface safety at that airport and develop plans to mitigate or eliminate those risks. Representatives from FM's air traffic organization, airlines, pilots, airport vehicle drivers and others are expected to participate. The product of the meeting will be a Runway Safety Action Plan where stakeholders document and agree to pursue specific actions to improve surface safety. More information can be found HERE. FEMA Hosts Summit on Extreme Heat. On August 28th, FEMA hosted a summit on extreme heat for community leaders and officials. The summit focused on sharing tactics and best practices for dealing with the impacts of extreme heat and related weather conditions. More information can be found l:IERI;_. FMCSA Publishes Notice of Waiver Provision for CA and WA Meal and Rest Breaks. The Federal Motor Carrier Safety Administration (FMCSA) is considering petitions for waiver of its December 21 st, 2018, and January 13th, 2020, decisions preempting the State of California's Meal and Rest Break (MRB) rules for certain drivers of property-and passenger-carrying commercial motor vehicles (CMVs) and its November 17th, 2020, decision preempting the State of Washington's MRB rules for certain drivers of property- carrying CMVs. Petitions for waivers are due by November 13th and more information can be found HERE. JOET Announce EVWG Members. The Joint Office of Energy and Transportation (JOET) announced the Electric Vehicle Working Group's (EVWG) 23 members. The EVWG will make recommendations directly to the secretaries of Energy and Transportation and includes experts with experience and knowledge across the entire EV ecosystem, including manufacturers of vehicles, components, and batteries; public utility representatives; local and regional elected officials; state energy planners; and labor officials representing transportation industry workers. The list of EVWG members can be found HERE. U.S. Access Board Publishes Final Rule on Accessibility Guidelines for Pedestrian Facilities in Public Right-of-Way. The U.S. Access Board issued a Final Rule on accessibility guidelines for pedestrian facilities in the public right-of-way. These guidelines inform federal, state, and local government agencies on how to make their pedestrian facilities such as sidewalks, crosswalks, shared use paths, and on-street parking, www.carpiclay.com Se pt. 12, 2023 Item #3 8 Page 10 of 70 accessible and usable to people with disabilities. The rule is effective on September 7th and more information can be found HERE. ## ## ## www.carpiclay.com Sept. 12, 2023 Item #3 9 Page 11 of 70 September 5, 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-August 2023 LEGISLATURE RETURNS FROM SUMMER RECESS FOR FINAL STRETCH Exhibit 2 ~!!!!£§ The Legislature returned from its Summer Recess on August 14 after spending the previous four weeks on break. With lawmakers in their districts there were no committee hearings or Floor sessions taking place for the latter half of the month. Since returning, the Legislature has been moving at a rushed pace to take up measures that are still moving so that they could make it to the Floor by September 1, which was the last day for fiscal committees to meet and report bills to the Floor. From September 5 to September 14, no prescheduled hearings will take place. Only "off the floor" hearings will occur, which is when a committee chair ca lls an impromptu hearing of their committee during a Floor session held in a nearby committee room. Senate Leadership Change Senate President pro Tempore Toni G. Atkins (D, San Diego) announced that the Senate Democratic Caucus had determined that Senator Mike McGuire (D, Healdsburg) will be the Pro Tern Designee, with a transition to be announced by January of 2024. Senate Leader Atkins has served in the Legislature since 2012 and as Pro Tern since 2018. Senator McGuire was elected to the Senate in 2014 and has served as Majority Leader since 2022. He would only be able to serve as Pro Tempo re for two years, as his term in the Legislature ends in 2026. Additionally, he has opened an account to run for Insurance Commissioner in 2026. Bills By The Numbers As of August 31, there were approximately 1,200 bills still making their march through the legislative process. As reported in the RPPG Suspense File Memo (Attachment A), 201 bills were held under suspense and are no longer moving, while approximately 565 bills made it off their suspense files and continue on. As of today, there are currently approximately 1,000 measures that will be heard on the Floor over the next two weeks or are pending action by the Governor. 312 have been chaptered, three have been vetoed, and approximately 1,000 are no longer moving this year. RPPG MONTHLY LEGISLATIVE ACTIVITY RPPG continues to review priority bills-keeping City staff apprised of developments on legislation during our standing meetings and throughout the month as needed. RPPG continues to work hand in Sept. 12, 2023 Item #3 1 Page 12 of 70 "!!~!!!! hand with City staff to gather client-specific information while actively engaging with lawmakers and agency officials on legislation of interest to the City. RPPG sent the City a memo on the Government Transparency Act on August 10 (Attachment B). The Act is a proposed, but not yet qualified, ballot measure that would make sweeping changes to the California Public Records Act that would apply to both state and local agencies. RPPG sent the City an analysis of ACA 1 on August 15 (Attachment C). The measure is currently on the Assembly Floor. RPPG sent the City an analysis of ACA 13 on August 15 (Attachment D). The measure is currently on the Assembly Floor. As noted above, RPPG sent the City a summary of the suspense file hearing on September 1 with results that took place that day. The Department of Fish and Wildlife will present to Carlsbad at the September legislative Subcommittee meeting. Update on Positioned Legislation RPPG is closely monitoring and providing updates on the following bills on which the City has adopted a position. • AB 33 (Bains) Fentanyl Addiction and Overdose Prevention Task Force o City Position: Support o Status: Senate Floor • AB 40 (Rodriguez) Emergency medical services o City Position: Support o Status: Senate Floor • AB 86 (Jones-Swayer) Homelessness: Statewide Homelessness Coordinator o City Position: Support o Status: Held in committee • AB 399 (Boerner) Water Ratepayers Protections Act of 2023: County Water Authority Act: exclusion of territory: procedure o City Position: Watch o Status: Senate Floor • AB 474 (Rodriguez) State Threat Assessment Center: transnational criminal organizations o City Position: Support o Status: Senate Floor • AB 531 (Irwin) The Behavioral Health Infrastructure Bond Act of 2023 o City Position: Support o Status: Senate Floor • AB 557 (Hart) Open meetings: local agencies: teleconferences o City Position: Support o Status: Senate Floor • AB 584 (Hartl California Coastal Act of 1976: coastal development: emergency waiver o City Position: Support Sept. 12, 2023 Item #3 2 Page 13 of 70 o Status: Chaptered • AB 701 (Villapudua) Controlled substances: fentanyl o City Position: Support o Status: Senate Floor • AB 742 (Jackson) Law enforcement: police canines o City Position: Oppose o Status: Two-year bill • AB 817 (Pacheco) Open meetings: teleconferencing: subsidiary body o City Position: Support o Status: Two-year bill • AB 1188 (Boerner) Transportation: bicycle safety handbook o City Position: Support o Status: Two-year bill • AB 1207 (Irwin) Cannabis: labeling and advertising o City Position: Support o Status: Two-year bill • AB 1484 (Zbur) Temporary public employees o City Position: Oppose o Status: Senate Floor • AB 1628 (McKinnor) Microfiber filtration o City Position: Support o Status: Senate Floor • AB 1708 (Muratsuchi) Theft o City Position: Support o Status: Two-yea r bill • SB 19 (Seyarto) Anti-Fentanyl Abuse Task Force o City Position: Support o Status: Assembly Floor • SB 43 (Eggman) Behavioral health o City Position: Support o Status: Assembly Floor • SB 326 (Eggman) The Behavioral Hea lt h Services Act o City Position: Support o Status: Assembly Floor ~!!f!!§ • SB 363 (Eggman) Facilities for inpatient and residential mental health and substance use disorder: database o City Position: Support o Status: Held in committee • SB 381 (Min) Electric bicycles: study o City Position: Support o Status: Assembly Floor • SB 423 (Wiener) land use: streamlined housing approvals: multifamily housing developments o City Position: Oppose o Status: Assembly Floor Sept. 12, 2023 Item #3 3 Page 14 of 70 ~!!!!!!§ • SB 428 (Blakespear) Temporary restraining orders and protective orders: employee harassment o City Position: Sponsor o Status: Assembly Floor • SB 689 (Blakespear) Local coastal program: conformity determination o City Position: Pending Support o Status: Two-year bill • SB 747 (Caballero) Land use: economic development: surplus land o City Position: Support o Status: Assembly Floor Priority Bills RPPG has tagged 131 bills for the City as "priority," which may be of potential interest, or may impact 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. END OF SESSION BUDGET PACKAGE Each year at the end of the legislative session in recent years, the Legislature considers a slate of 10- 20 budget bills -ca lled Budget Trailer Bills -which are primarily designed to make relatively minor changes to implement or technical clean up to the budget package. Each of these bills will ge nerally contain changes related to a single budget area and are accompanied by a "Budget Bill Jr" which contains amendments to this year's Budget Act. These bills were heard in their respective budget committees on August 30 and are now on the Floor. Of potential interest, they include SB 104 (Budget Bill Jr.), SB 135 {Public Safety Trailer Bill), SB 140 {Early Childcare and Education Trailer Bill), SB 143 ("General Government" Trailer Bill), among others. INFORMATIONAL HEARINGS ON THE GOVERNOR'S MENTAL HEALTH PACKAGE During the month of August, the Legislature held two informational hearings on Governor Newsom's mental health package, which includes SB 326 (Eggman) and AB 531 (Irwin). • SB 326 will rename the Mental Hea lth Services Act to the Behavioral Health Services Act, expand its scope to include the treatment of substance use disorders, and revise the distribution of its funds. o SB 326 was heard in Assembly Appropriations; it passed of the suspense file and was amended to create a revenue stability workgroup. This measure is now on the Assembly Floor awaiting vote. • AB 531 would, if approved by the voters, authorize the issuance of bonds in the amount of $4.68 billion to be used to finance grants for community-based treatment, care, and housing for people experiencing homelessness, at risk of homelessness, or living with a behavioral health challenge. o AB 531 was heard in Senate Appropriations, it passed off the suspense file on a party line vote. This measure is now on the Senate Floor awaiting vote. During the Senate's informational hearing on August 16, members of the Senate Health Committ ee heard testimony from more t han 10 witnesses over more than three hours. Primary witnesses included Mark Ghaly, Secretary of the Health and Human Services Agency, analysts from the Sept. 12, 2023 Item #3 4 Page 15 of 70 ~!!??§ Legislative Analyst's Office (LAO), which is the Legislature's in-house research and ana lysis division, and several other public and private mental health stakeholders from a diverse set of backgrounds from throughout the state. The agenda for the hearing can be found here and a detailed background paper for the hearing can be found here. During the Assembly's informational hearing on August 22, members of the Assembly Health Committee and the Assembly Housing and Community Development Committee heard testimony from more than 20 witnesses over more than four hours. There was some witness overlap in this hearing with the Senate informational hearing, with Secretary Ghaly, the LAO, and some of the same public and private behavioral health stakeholders again giving primary testimony, along with several new panelists. The agenda for this hearing can be found here and a detailed background paper for the hearing can be found here. ADMINISTRATION ACTIONS State Resolution on "Right to Safety" Governor Newsom announced on August 14 that he is proposing an amendment to the United States Constitution to "raise the minimum age to buy a gun from 18 to 21, mandate universal background checks, institute a waiting period for all gun purchases, and ban assault rifles for civilians". The amendment was introduced as SJR 7 (Wahab) and has several dozen coauthors. The measure is currently on the Senate Floor awaiting vote. LOOKING FORWARD September 8 is the deadline to amend bills on the Floor, meaning that if a bill is to be amended after that date, the Legislature must hold an "off the floor" policy committee to do so. Hearings of this type are typically announced with little warning. This is significant, as this is the time of year when "gut and amends" take place, which is when a measure is completely "gutted" of its content and is then "amended" with new, generally entirely, unvetted language. Gut and amend bills can move very quickly through the legislative process during the final stretch. There is also the 72-hour rule to be aware of, which requires a bill's final language to be publicly available for at least 72 hours before it can be taken up for a final vote on the Floor. This is also the time of year when bills on the inactive file will often get a last-minute push. The inactive file contains legislation that is ready for Floor consideration but is dormant. An author may move a bill to the inactive file if he or she wishes to take it up at a later date, generally while working on consensus to obtain the necessary votes. Once a bill is on the inactive file, a one-day public notice is needed to place it back on the agenda for consideration. These are generally legislative items that had previously lacked the necessary votes to advance and are heavily contested when making a final play to reach the Governor's desk by the September 14 deadline. • SEPTEMBER 14: Final date for the legislature to pass bills to advance to the Governor. • OCTOBER 14: Final date that all bills in this first year of session must be signed or vetoed. • JANUARY 1: All measures signed into law in 2023, unless otherwise excepted, go into effect. • JANUARY 3: The 2024 legislative year begins. Sept. 12, 2023 Item #3 5 Page 16 of 70 September 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: Assembly and Senate Suspense File Results -September 2023 .l,. Attachment A a!!!!!§ Today the Assembly and Senate Appropriations Committees took up their respective "suspense file" bills. Below is a high-level summary of key measures of interest that made it off suspense to advance to the next legislative hurdle, key measures of interest held in committee, and a brief description of the Legislature's appropriations suspense file process. This is not a list of all items heard. As always, if you have any questions, would like further information on additional measures, or would like clarification on any item, please reach out. We are here to help. BACKGROUND: SUSPENSE FILE The suspense file is a process that has been used to manage fiscal items in the Legislature for decades to ensure they are considering the fiscal impacts of proposed legislation as a whole and in context of the state's updated fiscal forecast. Under the Joint Rules of the Senate and Assembly, a bill is re- referred to Appropriations when the bill does any of the following: (1) Appropriate money, (2) Result in a substantial expenditure of state money, (3) Result in a substantial loss of revenue to the state, or (4) Result in a substantial reduction of expenditures of state money by reducing, transferring, or eliminating any existing responsibilities of any state agency, program, or function. In the Assembly, there is an automatic referral if there is an impact to the state of $150,000. In the Senate, there is an automatic referral if there is an impact to the state of $50,000 in general funds or of $150,000 in special funds, as well as additional nuanced triggers that may result in referral. Bills that meet the committee's fiscal threshold are placed on suspense. While this has a practical basis, the suspense file is also another mechanism used by the Legislature to quietly "kill" bills that may be controversial or politically inconvenient by holding them "under submission," wherein the bill does not pass out of the appropriations committee and does not continue to advance. Measures may pass out of committee on both a Republican and Democratic vote ("A-Roll Call") or with only a majority party vote ("B-Roll Call"), often with amendments to reduce the fiscal impact to the state. No testimony is presented -author or witness -at a suspense file hearing. While it is announced if a bill will be amended to advance off suspense, only the general nature of any amendments is discussed. Sept. 12, 2023 Item #3 1 Page 17 of 70 ~!!!!?!! SUSPENSE FILE RESULTS In hearings that lasted several hours and moved at rapid pace, the Assembly and Senate Appropriations Committees convened to determine the fates of 766 bills on their suspense files. RPPG carefully monitored the proceedings and tracked hundreds of items of interest for the City. More than 560 measures passed off the suspense file and onto the Floor of their respective houses. They now face the deadline of September 14 to pass both houses before they can advance to the Governor's desk, where they will be either signed or vetoed by October 14. • Assembly Appropriations: Of 277 measures on suspense, 214 passed out of committee as is or with amendments. • Senate Appropriations: Of 489 measures on suspense, 351 passed out of committee as is or with amendments. Some amendments to bills that have advanced out of suspense will be ava ilable immediately and the remainder will be in print over the coming week. We have linked to the most current version of bill language for all items mentioned below. If you have any questions about the status or language of any of the bills below, or other measures that we are tracking for the City that do not appear on the list below, please let us know. We have noted under each bill whether it passed on an A or B Roll Call vote, as described above, and a summary of any amendments as mentioned during the hearing. POSITIONED LEGISLATION Update on City Positioned Bills on Suspense • AB 33 (Bains) Fentanyl Addiction and Overdose Prevention Task Force o A-Roll Call o City Position: Support • AB 40 (Rodriguez) Emergency medical services o A-Roll Call o Amended to delay implementation. o City Position: Support • AB 86 (Jones-Sawyer) Homelessness: Statewide Homelessness Coordinator o Held in committee o City Position: Support • AB 399 (Boerner) Water Ratepayers Protections Act of 2023: County Water Authority Act: exclusion of territory: procedure o B-Roll Call o Amended to remove urgency clause. o City Position: Watch • AB 474 (Rodriguez) State Threat Assessment Center: transnational criminal organizations o A-Roll Call o City Position: Support • AB 531 (Irwin) The Behavioral Health Infrastructure Bond Act of 2023 o B-Roll Call o City Position: Support Sept. 12, 2023 Item #3 2 Page 18 of 70 ADVOCACY FOR THE PUBLIC GOOD. ~!!?!!§ • AB 701 (Villapudua) Controlled substances: fentanyl o A-Roll Call o Amended to narrow the scope of the bill. o City Position: Suppo rt • AB 1207 (Irwin) Cannabis: labeling and advertising o B-Roll Call o Amended to expand definitions. o City Position: Support • AB 1484 (Zbur) Temporary public employees o B-Roll Call o Amended to delay access to grievance procedures. o City Position: Oppose • AB 1628 (McKinnor) Microfiber filtration o B-Roll Call o Amended to establish civil penalties and require a study on microfiber filters for commercial use. o City Position: Pend ing Support • SB 19 (Seyarto) Anti-Fentanyl Abuse Task Force o A-Roll Call o Amended to remove reimbursement. o City Position: Support • SB 43 (Eggman) Behavioral health o B-Rol l Call o Amended to allow counties to opt-in and make clarifications on hearsay revision. o City Position: Support • SB 326 (Eggman) The Behavioral Health Services Act o B-Roll Call o Amended to create revenue stability workgroup. o City Position: Support • SB 363 (Eggman) Facilities for inpatient and residential mental health and substance use disorder: database o Held in committee o City Position: Support • SB 381 (Min) Electric bicycles: study o A-Roll Call o City Position: Support • SB 423 (Wiener) Land use: streamlined housing approvals: multifamily housing developments o B-Roll Call o Amended to modify the coastal zone exemption, public meeting provisions, San Francisco meeting criteria and add language on fire hazard severity zones. o City Position: Oppose • SB 747 (Caballero) Land use: surplus land o A-Roll Call o City Position: Support Sept. 12, 2023 Item #3 3 Page 19 of 70 ~!!?!§ KEV ITEMS OF INTEREST: PASSED OUT OF COMMITTEE AND CONTINUE TO MOVE FORWARD Government Operations Assembly • AB 262 {Holden) Children's camps: safety and regulation o B-Roll Call o Amended to make report su bject to an appropriation and require draft regulations. • AB 504 {Ryes) State and local public employees: labor relations: strikes o B-Roll Call • AB 764 (Bryan) Local redistricting o B-Roll Call o Amended to delete private right of action and simplify redistricting plan. • AB 1637 (Irwin) Local government: internet websites and email addresses o B-Roll Call • ACA 1 {Aguiar-Curry) Local government financing: affordable housing and public infrastructure: voter approval o B-Roll Call o Amended to modify definition of affordable housing, allow taxes/bonds for down payments, and make other changes. • ACA 13 (Ward) Voting threshoJd~ o B-Roll Call o Amended to add intent language. Senate • SB 244 {Eggman) Right to Repair Act o B-Roll Call o Amended to add statute of limitations. • SB 485 {Becker) Elections: election worker protections o B-Roll Call o Amended to add poll workers to definition of election worker and make other clarifying changes. Housing and Land Use Assembly • AB 57 {Kalra) California Pocket Forest Initiative o B-Roll Call • AB 309 {Lee) The Social Housing Act o B-Roll Call o Amended to strike requirements that DGS owns social housing units. • AB 434 {Grayson) Housing element: notice of viQlation o B-Roll Call • AB 480 (Ting) Surplus land o B-Roll Call • AB894 {Friedman) Parking requirements: shared parking o B-Roll Call Sept. 12, 2023 Item #3 4 Page 20 of 70 ~!!f?§ o Amended to limit the bill to local agencies. Senate • SB 4 (Wiener) Planning and zoning: housing development: higher education institutions and religious institutions o B-Roll Call o Amended to clarify definition of heavy industrial use. • SB 240 (Ochoa Bogh) Surplus state rea l property: affordable housing and housing fpr formerly incarcerated individua ls o A-Roll Call • SB 450 (Atkins) Housing development: approvals o B-Roll Call o Amended to authorize Go BIZ to receive donations and other amendments. • ~B 567 (Durazo) Termination of tenancy: no-fault just causes: gross rental rate increases o B-Roll Call Public Safety and EMS Assembly • AB 92 (Connolly) Body armor: prohibition o B-Roll Call o Amended to remove requirement that body armor be relinquished in the same manner as firearms. • AB 413 (Lee) Vehicles: stopping, standing, and parking o B-Roll Call • AB 452 (Addis) Childhood sexual assault: statute of limitations o B-Roll Call • AB 1168 (Bennett) Emergency medical services (EMS): prehospital EMS o A-Roll Call • AB 1420 (Berman) Firearms o B-Roll Call Senate • SB 2 (Portantino) Firearms o B-Roll Call • SB 14 (Grovel Serious felonies: human trafficking o A-Roll Call o Amended to exempt human trafficking victims from provisions. Transportation and Public Works Assembly • AB 7 (Friedman) Transportation: planning: project selection processes o B-Roll Call o Amended to make implementation more flexible and align with infrastructure package. • AB 610 (Holden) Youth Transit Pass Pilot Program: free youth transit passes Sept. 12, 2023 Item #3 5 Page 21 of 70 ~!!?!!!! o A-Roll Call Senate • SB 695 (Gonzalez) Department of Transportation: state highway system: public data portal o B-Roll Call o Amended to delay date for Caltrans to make data available and other changes. Environment, Utilities, and Emergency Response Assembly • AB 50 (Wood) Public utilities: timely service: customer energization o A-Roll Call o Amended to extend timeline determination by 6 months and allow customers to report delays. • AB 297 (Vince Fong) Wildfires: local assistance grant program: advance payments o A-Roll Call • AB 781 (Maienschein) Accessibility to emergency information and services: emergency shelters: persons with pets o A-Roll Call • AB 1423 (Schiavo) Product safety: PFAS: artificial turf or synthetic surfaces o B-Roll Call o Amended to remove notice requirement and delay implementation. • AB 1572 (Friedman) Potable water: nonfunctional turf o B-Roll Call • AB 1573 (Friedman) Water conservation: landscape design: model ordinance o B-Roll Call o Amended to align timing with regulatory updates and expand the definition of California native plants, and delay requirement. • AB 1594 (Garcia) Medium-and heavy-duty zero-emission vehicles: public agency utilities Senate o A-Roll Call o Amended to require CARB with utilities to determine end of life for certain vehicles and include water districts. • SB 233 (Skinner) Electric vehicles and electric vehicle supply equipment: bidirectional capability o B-Roll Call o Amended to remove the mandate and instead authorize CARB with Energy Commission and Public Utility Commission to include any weight class for biodirectional charging. • SB 272 (Laird) Sea level rise: planning and adaptqtion o B-Roll Call • SB 470 (Alvarado-Gil) Water: Urban Water Community Drought Relief program: Small Community Drought Relief program: high fire hazard and very high fire hazard severity zones o B-Roll Call Sept. 12, 2023 Item #3 6 Page 22 of 70 o Amended to strike Section 4. KEY ITEMS OF INTEREST: HELD IN COMMITTEE Assembly ~!!!!!!§ • AB 277 (Rodriguez) Extreme Weather Forecast and Threat Intelligence Integration Center • AB 573 (Garcia) Organic waste: meeting recovered organic waste product procurement targets • AB 824 (Calderon) Highway greening: statewide strategic plc1n • AB 1Z97 (Quirk-Silva) Public restrooms Senate • SB 555 (Wahab) Stable Affordable Housing Act of 2023 • SB 769 (Gonzalez) Local government: fiscal and financial training TWO-YEAR BILLS The following are "two-year bills," those that did not pass out of Appropriations today but remain eligible to pass the Committee prior to the house of origin deadline next January. • AB 1082 (Ka Ira) Authority to remove vehicles • AB 1657 (Wicks) The Affordable Housing Bond Act of 2024 ### Sept. 12, 2023 Item #3 7 Page 23 of 70 August 10, 2023 To: Jason Haber, Intergovernmental Affairs Director Allegra Frost, Assistant City Attorney City of Carlsbad From: Sharon Gonsalves Director of Government Affairs Renne Pub lic Policy Group RE: Summary of Local Impacts of Proposed "Government Transparency Act" .l,. Attachment B a!!?!§ PROPOSED STATE BALLOT MEASURE WOULD MAKE SWEEPING CHANGES TO PUBLIC RECORDS ACT On August 2, 2023, Consumer Watchdog, a nonprofit organization focusing on consumer advocacy, submitted a proposed November 2024 ballot measure to the California Attorney General that would, among other amendments, make numerous changes to the California Public Records Act ("CPRA"). According to news reports, Consumer Watchdog has budgeted $5 million to support the qualification of the measure for the fall 2024 ballot. Entitled the "Government Transparency Act," the proposed measure would make sweeping changes to the CPRA provisions that apply to both state and local agencies. The text of the measure is available on the Attorney General's "Active Measures" webpage. THE PROPOSED MEASURE WOULD HAVE SIGNIFICANT IMPACTS ON LOCAL AGENCIES The proposal would make several changes to state and local agencies' obligations under the CPRA. Among other provisions, local agencies would be required to: • Provide a specific factual showing in a written justification for the withholding and redaction of records; • Disclose the search terms and search parameters used by the agency and permit the requester to request the use of other search terms; • Require all records to be produced within 30 calendar days, unless the agency provides a declaration, under penalty of perjury, that explicit circumstances exist that prevent the production of documents within 30 days. • Require regular website posting of government records, such as contracts (with no dollar threshold), court documents whether the agency is a party or participant, and budget and cost estimates of proposed legislation; • Retain all public records for at least five years; • Upon request, provide a detailed description of how the agency conducted its public records search and a general description of the withheld and redacted records by subject matter; • Within 30 days of the service of a legal complaint, provide a document-by-document "privilege log" of every record withheld or redacted; • Apply CPRA requirements to their vendors working with public agencies; • Change procedures for lawsuits brought under the Public Records Act; Sept. 12,2023 Item #3 1 Page 24 of 70 ~!!!!!!!! • Prohibit a public agency from relying on legal basis for withholding a record in a legal action if the public agency did not rely on that basis initially; and • Issue a comprehensive annual report regarding public records requests. In addition, the proposed law would: • Limit the application of the deliberative process and attorney-client privilege; and • Prohibit reliance on the official information privilege to withhold a document. QUALIFICATION OF THE PROPOSED MEASURE FOR THE NOVEMBER 2024 BALLOT Until September 1, 2023, any member of the public may submit written comments on the proposal through the Attorney General's "Active Measures" webpage. The State Department of Finance and the Legislative Analyst must also prepare an estimate of the costs to state and local government within 50 days. Within 15 days after receipt of the fiscal estimate, the Attorney General must provide a copy of the title and summary to the proponent. Proponents then have 180 days to collect the required number of signatures-currently, proponents must secure 546,651 signatures for initiative statutes such as the Government Transparency Act. Please let us know if you have any questions. RPPG will keep the City apprised of any future developments. ### Sept. 12, 2023 Item #3 2 Page 25 of 70 August 15, 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 .J... Attachment C a!!!!?§ RE: Detailed Analysis of ACA 1 (Aguiar-Curry, 2023): Local government financing: affordable housing and public infrastructure: voter approval [As Amended on July 13, 2023} ACA 1 Summary, 55% Vote on Local Taxes for Infrastructure and Housing Financing Measures: This proposed constitutional amendment reduces the existing local vote threshold requirement from two- thirds (2/3rds) to fifty-five (55) percent for local public infrastruct ure and affordable housing financing proposals using: general obligation bonds, sales and use/transaction and use taxes, or parcel taxes. If this proposal is approved by a majority of statewide voters, the reduced vote threshold applies to local measures, including those appearing on the same ballot. Text: HERE In brief, this measure: 1) Authorizes a city, county, city and county, or a "special district" (as defined); with approval of fifty- five (55) percent of the voters to: • Issue bonded indebtedness, funded by an increase in ad valorem property tax. • Approve a sales and use tax/transaction and use tax measure;; • Approve a parcel tax 2) Applies the lower vote threshold to any local measures submitted to voters, beginning with the election where this constitutional amendment is approved by statewide voters. 3) limits this authority to measures that support the acquisition, construction, reconstruction, rehabilitation, replacement, or lease of any of the following: l. Public infrastructure, defined to include, but is not limited toiii: • water or protection of water quality • sanitary sewer • wastewater treatment or reduction of pollution from stormwater runoff. • protection of property from impacts of sea level rise • parks and recreation facilities • open space • improvements to transit and streets and highways • flood control • broadband internet expansion in underserved areas • local hospital construction • public libraries Sept. 12, 2023 Item #3 1 Page 26 of 70 ~!!?!!§ • public safety buildings and facilities for police, fire and emergency response, and includes equipment related to fire suppression, emergency response, and interoperable communications 2. Affordable housing, defined to include housing developments or portions of housing developments that provide either: a. Workforce housing affordable to households earning up to 150 percent of countywide median incomeiv, or b. Housing affordable to "lower, low, or very low income" households as those terms are defined in state law. 3. Permanent supportive housing and associated facilities for persons at risk of chronic homelessness, including persons with mental illness. The terms "permanent supportive housing" and "at risk of chronic homelessness" are each broadly defined in the measure providing flexibility to tailor proposals to respond to local needs. 4) Imposes the following accountability requirements: • Requires the measure to include the specific local program or ordinance through which projects will be funded, and a certification that the local agency has evaluated alternative funding sources. • Requires the local agency to: (i) appoint a citizen's oversight committee, (ii) conduct both independent annual financial and performance audits to ensure that funds are only spent on specific projects listed, and (iii) post the audits in a manner that is easily accessible to the public. • Requires funds to be only used for their designated purpose, and prohibits their use for any other purpose, including city, county, city and county or special district employee salaries and other operating expenses. 1 This measure defines "special district" as follows: "Special district" has the same meaning as provided in subdivision (c) of Section 1 of Article XIII C and specifically includes o transit district, a regional transportation commission, and an association of governments, except that "special district" does not include a school district, redevelopment agency, or successor agency to a dissolved redevelopment agency." Here is the definition cross-referenced in by the bill in Article XIII C, Section 1 (c): "(c) "Special district" means an agency of the State, formed pursuant to general law or a special act, for the local performance of governmental or proprietary functions with limited geographic boundaries including, but not limited to, school districts and redevelopment agencies. 11 Requires the sales and use tax/transaction and use tax or parcel tax to be first approved by a majority vote of the governing body of the local agency. Presumably, this requirement both: 1) Clarifies that no higher vote threshold other than a majority of the governing board is required to place a measure on the local ballot, and 2) Creates a distinction between proposals (to fund infrastructure and affordable housing) placed on the ballot by the local governing board that would be subject to a 55 percent vote threshold and those that may be placed on a local ballot via a local initiative. This may reflect a recent change in how the Courts have interpreted voter initiatives proposing taxes. Historically, tax measures placed on the ballot by initiative were interpreted to require two-thirds voter approval, but that interpretation changed beginning with the holding of Cannabis Coalition v. City of Upland (2017) where_the CA Supreme Court held that citizen initiatives which proposed a tax could be adopted with a majority vote. An initiative, however, sponsored by the California Business Roundtable, called the Taxpayer Protection and Governmental Accountability Act, has secured sufficient signatured to be eligible for the November, 2024 ballot. That proposal contains many limitations on state and local tax authority, and would also reverse the Upland decision. 111 This "includes, but is not limited to" language provides flexibility for locals to fund other types of public infrastructure that may not be specifically listed in the measure. iv While the language does not specifically mention "moderate income," there is flexibility by allowing assistance "up to" 150 percent of median income. This range would also accommodate assistance to moderate income housing, with is typically defined as up to 120 percent of median income. Local agencies appear to have broad flexibility to design funding measures to address the full range of local needs. 2 Sept. 12, 2023 Item #3 Page 27 of 70 September 5, 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: Assembly Constitutional Amendment 13 (Ward, 2023): Voting thresholds [As amended on August 17, 2023) .l.,_ Attachment D a!!!!?§ ACA 13 is a proposed constitutional amendment that began moving in the Legislature in mid-August. This measure is backed by local government associations, including the League of California Cities, and labor organizations and is in response to the California Business Roundtable (CBRT) ballot measure that would be placed on the November, 2024 ballot to require new and stricter rules for raising taxes, fees, assessments, and property-related fees. Assembly Constitutional Amendment (ACA) 13 If passed by the voters, it would require that an initiative measure that increases the voter approval requirement to adopt any state or local measure must receive a proportion of votes in favor of the initiative that is equal to or greater than the highest voter approval requirement imposed by the initiative for the adoption of a state or local measure. For example, if the measure includes a two-thirds vote threshold for future changes, then that enacting ballot measure would need to receive two-thirds of the vote to be approved. Additionally, ACA 13 permits a local goverQing body, at any election, to hold an advisory vote concerning any issue of governance for the purpose of allowing voters within the jurisdiction to voice their opinions on the issue. It also provides that an advisory question is approved only if a majority of the votes cast on the question are in favor, and that the results of the advisory vote are not controlling on the local governing body. Of note, the provisions of this measure related to the vote requirement for initiative constitutional amendments apply only to initiatives that seek to make it more difficult for voters to take a specified action by approving a ballot measure. It does not affect the vote requirement for initiative constitutional amendments that seek only to make it harder for a governmental body to approve a specified action by increasing the vote by which that body must approve an action. The amendment is coauthored by Speaker Robert Rivas and lawmakers are aiming to put the measure before voters on the March 5, 2024 ballot. Due to being a constitutional amendment and requiring two- thirds of both houses of the Legislature to pass, it is not subject to normal deadlines. If passed by the Legislature, constitutional amendments do not go to the Governor and instead are referred to the Secretary of State for placement on the ballot. ACA 13 was amended on September 1 and is currently in the Assembly awaiting a Floor vote. Sept. 12, 2023 Item #3 1 Page 28 of 70 .!!!!?!! Background+ CBRT Ballot Initiative Impacting Local Government Under existing law, any state ballot measure can be approved by a simple majority vote of the electorate, regardless of the changes to state law made by the measure. By contrast, some local ballot measures are subject to higher vote requirements. For instance, a local measure that is placed on the ballot by a local governing body and that proposes a special tax (a tax for which the proceeds will be used for a specific purpose) requires a two-thirds vote of the electorate. If ACA 13 is approved by voters, it would mark the first time that any state ballot measure would require more than a simple majority vote to be approved. Spec ifically, state ballot measures that (1) are initiative measures (the term "initiative" refers exclusively to a proposed law that qualifies for the ballot through the collection of voters' signatures on an initiative petition), (2) propose to amend the state constitution, and (3) propose to increase the vote required for voters to approve a state or local ballot measure, would be subject to a voter approval threshold that is greater than a simple majority vote. On February 1, 2023, the Secretary of State certified that initiative #1935 (the CBRT ballot measure)-a measure that would amend the California Constitution to change the rules for how the state and local governments can impose taxes, fees, and other charges-is eligible to appear on the ballot at the November 5, 2024, statewide general election. Among other provisions, initiative #1935 requires that any local special tax submitted by citizen initiative be approved by a two-thirds vote of the electorate to take effect, rather than the current majority vote threshold. Recent case law suggests that local special taxes that are proposed by a local initiative measure can be approved by a majority vote of the electorate. By contrast, local special taxes that are placed on the ballot by a local governmental body must be approved by a two-thirds vote of the electorate (this would remain the same under the CBRT proposal). Additionally, initiative #1935 prohibits an advisory measure from appearing on the same ballot as a local measure that proposes a general tax if the advisory measure would indicate that the revenue from the general tax will, could, or should be used for a specific purpose. If ACA 13 were applied to the voter's consideration of initiative #1935, it appears that initiative #1935 would need to be approved by two-thirds of the voters in order to take effect. However, while ACA 13 likely would affect the vote requirement for initiative #1935, its effects are not limited to that initiative. Rather, the provisions of this measure would apply to any initiative constitutional amendment that appears on the ballot in the future and that proposes to increase the vote requirement for a state or local ballot measure. Below we have provided a list of those registered in support and opposition of the measure as of August 17, 2023, which is the most recent public list available at this time. Support Alliance San Diego American Federation of State, County and Municipal Employees, AFL-CIO Asian Pacific Environmental Network California Calls California Environmental Justice Alliance Action, a Project of Tides Advocacy California Federation of Teachers, AFL-CIO Sept. 12, 2023 Item #3 2 Page 29 of 70 California Green New Deal Coalition California Labor Federation, AFL-CIO California Professional Firefighters California School Employees Association California Special Districts Association California State Association of Counties California State Council of Service Employees International Union California Teachers Association Catalyst California Central Coast Alliance United for A Sustainable Economy City of San Diego Communities for A New California Community Coalition Congregations Organized for Prophetic Engagement Corporation for Supportive Housing Courage California Dolores Huerta Foundation lnnercity Struggle League of California Cities Million Voters Project Oakland Rising San Francisco Rising Strategic Concepts in Organizing and Policy Education Working Partnerships USA Opposition California Business Roundtable Howard Jarvis Taxpayers Association Sept. 12, 2023 #### Item #3 ~~?!!§ 3 Page 30 of 70 Priority Legislation September 5, 2023 (cityof Carlsbad Californ i a Bud~t AB 102 (Ting) Budget Act of 2023. (Chaptered: 7/10/2023) Link .l. Exhibit 3 a!!!!!!§ Would amend the Budget Act of 2023 by amending, adding, and repealing items of appropriation and making other changes. This bill would declare that it is to take effect immediately as a Budget Bill. Status: 7 /10/2023-Approved by the Governor. Chaptered by Secretary of State -Chapter 38, Statutes of 2023. Notes: Contains $600,000 for the Port of San Diego and City of Carlsbad for the EV and Portable Solar Powered Charging Stations Cannabis AB 374 (Haney) Cannabis: retail preparation, sale, and consumption of noncannabis food and ~everage products. (Amended: 8/22/2023) Link Current administrative law specifies that a licensed retailer or licensed microbusiness authorized for retail sales who operates a consumption area on the licensed premises in accordance with this provision may sell prepackaged, noncannabis-infused, nonalcoholic food and beverages if the applicable local jurisdiction allows. This bill would authorize a local jurisdiction, if specified conditions are met, to allow for the preparation or sale of noncannabis food or beverage products, as specified, by a licensed retailer or microbusiness in the area where the consumption of cannabis is allowed, to allow for the sale of prepackaged, noncannabis-infused, nonalcoholic food and beverages by a licensed retailer, and to allow, and to sell tickets for, live musical or other performances on the premises of a licensed retailer or microbusiness in the area where the consumption of cannabis is allowed. The bill would additionally specify that these provisions do not authorize a licensed retailer or microbusiness to prepare or sell industrial hemp or products containing industrial hemp, as provided. Status: 8/23/2023-Read second time. Ordered to third reading. Calendar: 9/5/2023 #592 SENATE ASSEMBLY BILLS-THIRD READING FILE, AB 1207 (Irwin) Cannabis: labeling and advertising. (Amended: 9/1/2023) Link Would implement provisions of the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) by prohibiting the sale, distribution, or manufacture of cannabis, cannabis products, packaging, or labeling that are attractive to children, as defined, and by prohibiting the advertisement and marketing of Sept. 12, 2023 Item #3 Page 31 of 70 ~!!?!!~ cannabis or cannabis products in ways that are attractive to children. The bill would require the adoption of emergency regulations to implement these provisions. Status: 9/1/2023-From committee: Amend, and do pass as amended. (Ayes 5. Noes 1.) (September 1). Read second time and amended. Ordered returned to second reading. Client Position: Support Calendar: 9/5/2023 #198 SENATE ASSEMBLY BILLS -SECOND READING FILE, Notes: 6/13/23: EN tagged as pending support. 6/26/23: EN sent a letter to the City for review. 7 /3/23: SG me too'd in Senate Business. 7 /5/23: EN tagged as support, submitted to Sen Appropriations, emailed delegation and governor's office. 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: 7 /10/2023-July 10 set for first hearing. Placed on suspense file. July 10 hearing. Held in committee and under submission. Economic Development AB 286 (Wood) Broadband infrastructure: mapping. (Amended: 6/29/2023) 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. This bill contains other related provisions. Status: 9/1/2023-From committee: Do pass. (Ayes 7. Noes 0.) (September 1). Calendar: 9/5/2023 #257 SENATE ASSEMBLY BILLS -SECOND READING FILE, AB 341 (Ramos) Gambling: local moratorium. (Chaptered: 5/22/2023) Link Current law requires the Department of Justice to investigate any violations of, and to enforce, the Gambling Control Act. Under the act, a city, county, or city and county may authorize controlled gambling consistent with state law. Current law, however, prohibits an ordinance that would result in an expansion of gambling in the city, county, or city and county from being valid unless the amendment is Sept. 12, 2023 Item #3 Page 32 of 70 ~!!f!§ approved by a majority of the voters. Current law requires an amendment to a city or count y 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 gam bling license for a gambling establishment t hat 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 estab lishment that was not licensed to operate on December 31, 2022, and that is pending before the commission as of January 1, 2024. Status: 5/22/2023-Approved by the Governor. Chaptered by Secretary of State -Chapter 8, Statutes of 2023. AB 400 (Rubio, Blanca) Local agency design-build projects: authorization. (Enrolled: 8/29/2023) Link Current law authorizes a local agency, as defined, with approval of its governing body, to procure design-build contracts for public works projects in excess of $1,000,000, awarding t he contract either to the lowest bid or the best va lue. "Local agency" is defined, in part, for this purpose to include specified local and regional agencies responsible for the construction of transit projects, including any joint powers authority formed to provide transit service. Current law, among other requirements for the design-build procurement process, requires specified information submitted by a design-build entity to be certified under pena lty of perjury. These provisions authorizing the use of the design-build procurement process are repealed on January 1, 2025 .This bill would delete from the definition of "local agency" any joint powers authority formed to provide transit services, and would instead expand that definition to include any joint powers authority responsible for the construction of transit projects, thereby authorizing additional joint powers authorities to use the above-described design-build procurement process. The bill would extend the repeal date to January 1, 2031. Status: 8/28/2023-Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0.). AB 662 (Boerner) Federal Broadband Equity, Access, and Deployment Program funds: administration. (Amended: 7/13/2023) Link Current law requires the Public Utilities Commission to establish specified accounts within the California Advanced Services Fund (CASF), including, among other accounts, the Broadband Infrastructure Grant Account and the Federal Funding Account. Existing federal law, the Infrastructure Investment and Jobs Act of 2021, establishes the federal Broadband Equity, Access, and Deployment Program (BEAD Program). Under that act, Congress appropriated $42,450,000,000 to the Assistant Secretary of Commerce for Communications and Information to carry out the BEAD Program, under which the Assistant Secretary makes grant s to states, as provided. This bill would require the commission, in administering federal BEAD Program funds pursuant to the federal Infrastructure Investment and Jobs Act of 2021, to follow federal guidelines, as defined. Except as provided, the bill would prohibit the commission from imposing any additional rules, processes, procedures, prohibitions, funding prioritizations, or eligibility criteria on any applicant, as defined, that are not explicitly required by the federal guidelines. The bill would require the commission, in exercising any discretion in adopting rules, processes, and procedures to administer BEAD Program funds, to adopt rules, processes, and procedures that, among other things, use the most robust, granular, and accurate broadband availability data. Sept. 12, 2023 Item #3 Page 33 of 70 Status: 9/1/2023-ln committee: Held under submission. Ele~1ions. Political Reform and Redistricting AB 764 (Bryan) Local redistricting. (Amended: 9/1/2023) link ~!!f!!§ 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 specia l districts, if the governing body of these local jurisdictions is elected by districts, to comply with uniform requirements related to redistricting. Status: 9/1/2023-From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (September 1). Read second time and amended. Ordered returned to second reading. Calendar: 9/5/2023 #156 SENATE ASSEMBLY BILLS -SECOND READING FILE, SB 24 (Umberg) Political Reform Act of 1974: public campaign financing. (Amended: 6/26/2023) 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 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: 7 /6/2023-From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (July 5). Re- referred to Com. on APPR. 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 sa me 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 Preparedn~s_s Sept. 12, 2023 Item #3 Page 34 of 70 ~!!??~ AB 388 (Connolly) California's Wildfire and Forest Resilience Action Plan: implementation strategies. (Amended: 7/5/2023) Link Current law establishes the Regional Forest and Fire Capacity Program to support regional leadership to build local and regional capacity and develop, prioritize, and implement strategies and projects that create fire adapted communities and landscapes by improving ecosystem health, community wildfire preparedness, and fire resilience. Under the program, the Department of Conservation is required to provide block grants to regional entities to develop regional strategies that develop governance structures, identify wildfire risks, foster collaboration, and prioritize and implement projects within the region to achieve the program's goals. Current law requires that regional priority strategy development be in coordination with public landowners and other relevant forest and fire planning efforts in wildfire and forest resiliency planning. This bill would, by January 1, 2025, require the Department of Con servation, in consultation with the Wildfire and Forest Resilience Task Force and its member agencies, to establish guidelines for funding the implementation of the regional priority strategies, as provided, and to establish regional investment strategies to identify and align resources that support implementation of regional priority strategies that contribute to the goals and key actions identified in the California's Wildfire and Forest Resilience Action Plan issued by the task force in January 2021 and any subsequent updates to this plan, and the implementation strategy. The bill would authorize conservancies, departments, and boards within the Natural Resources Agency to directly award regional block grants to eligible regional entities, forest collaboratives, and partnerships to implement regional plans, strategies, agreements, and initiatives. Status: 9/1/2023-ln committee: Held under submission. AB 584 (Hart) California Coastal Act of 1976: coastal development: emergency waiver. (Chaptered: 7/27/2023) Link The California Coastal Act of 1976 requires the issuance of a coastal development permit if the proposed development is in conformity with the certified local coastal program. The act provides for the certification of local coastal programs by the California Coastal Commission. The act authorizes the requirement of having to obtain a permit to be waived when immediate action by a person or public agency performing a public service is required to protect life and public property from imminent danger, or to restore, repair, or maintain public works, utilities, or services destroyed, damaged, or interrupted by natural disaster, serious accident, or in other cases of emergency, as specified. The act provides that this waiver provision does not authorize the permanent erection of structures valued at more than $25,000. This bill would increase the above-described amount to $125,000, adjusted annually for inflation pursuant to the consumer price index. Status: 7 /27 /2023-Approved by the Governor. Chaptered by Secretary of State -Chapter 118, Statutes of 2023. Client Position: Support Notes: 4/20/23: EN tagged as pending support. 4/20/23 SG: Sent draft support letter to the City. 5/8/23 AB: tagged as support and submitted letter of support through the Legislative portal. 5/8/23: EN emailed letter to delegation. 6/1/23: EN submitted letter to Senate NR Committee and emailed Sept. 12, 2023 Item #3 Page 35 of 70 ~!!!?.!!§ delegation. 6/22/23: Bill was on consent in Senate Natural Resources. 7 /26/23: EN emailed request for signature letter to Governor's office. AB 781 (Maienschein) Accessibility to emergency information and services: emergency shelters: persons with pets. (Amended: 6/20/2023) Link The California Emergency Services Act provides that political subdivisions, as defined, have full power during a loca l emergency to provide mutual aid to any affected area in accordance with local ordinances, resolutions, emergency plans, or agreements. Current law defines "emergency plan" for these purposes to mean official and approved documents that describe the principles and methods to be applied in carrying out emergency operations or 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. Upon the next update to a city or county's emergency plan, this bill would require a county to update its emergency plan to designate emergency shelters able to accommodate persons with pets, and would require a city that has previously adopted an emergency plan designating emergency shelters to update its emergency plan t o designate emergency shelters able to accommodate persons with pets. This bill would require, upon the next update t o a city or co unty's emergency plan, whenever a city or county designates any number of emergency shelters that it also designate at least one emergency shelter that can accommodate persons with pets. This bill would also require, upon the next update to a city or county's emergency plan, whenever a city or county designates any number of cooling centers or warming centers, that it also, to t he extent practicable, designate at least one cooling center or warming center, as applicable, that can accommodate persons with pets. The bill would require an emergency shelter designated as able to accommodate persons with pets to be in compliance with safety procedures regarding the sheltering of pets referenced or established in the component of the state and local emergency plan and applicable disaster assistance policies and procedures of the Federal Emergency Management Agency. Status: 9/1/2023-From committee: Do pass. (Ayes 7. Noes 0.) (September 1). Calendar: 9/5/2023 #299 SENATE ASSEMBLY BILLS -SECOND READING FILE, AEl1~~8 (Petrie-Norris) Fire prevention: grant programs: reporting. (Amended: 7/13/2023) 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 co mmittees 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 an nually 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: 9/1/2023-ln committee: Held under submission. Sept. 12, 2023 Item #3 Page 36 of 70 ~!!!!?§ Energy_ and Utilities AB 1293 (Irwin) Interconnection: prioritization. (Amended: 7/13/2023) Link Current law requires the Public Utilities Commission to enforce rules governing the extension of service by electrical corporations, as specified. This bill would require the commission, no later than January 1, 2025, to provide guidance to electrical corporations for the prioritization of projects in each electrical corporation's distribution interconnection queue and for the prioritization of customer service connections, including the prioritization of projects that are in the final stage before commencing construction, as determined by the commission. Status: 9/1/2023-ln committee: Held under submission. Environment and Climate AB 30 (Ward) Atmospheric rivers: research: reservoir operations. (Chaptered: 9/1/2023) Link Current law establishes the Atmospheric Rivers: Research, Mitigation, and Climate Forecasting Program in the Department of Water Resources. Current law requires the department, upon an appropriation for purposes 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 Climate Adaptation Through Forecast-Informed Reservoir Operations and Hazard Resiliency (AR/Fl RO) Program. The bill would require the department to research, develop, and implement new observations, prediction models, novel forecasting methods, and tailored decision support systems to improve predictions of atmospheric rivers and their impacts on water supply, flooding, post-wildfire debris flows, and environmental conditions. Status: 9/1/2023-Approved by the Governor. Chaptered by Secretary of State -Chapter 134, Statutes of 2023. AB 45 (Boerner) Coastal resources: coastal development permits: blue carbon demonstration projects. (Amended: 5/25/2023) 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 ca rbon sequestration potential of these projects to help inform the state's natural and working lands and climate resilience strategies. Status: 9/1/2023-ln committee: Held under submission. AB 530 (Boerner) Vehicles: electric bicycles. (Amended: 7/13/2023) Link Would prohibit a person under 12 years of age from operating an electric bicycle of any class. The bill would state the intent of the Legislature to create an e-bike license program with an on line written test and a state-issued photo identification for those persons without a valid driver's license, prohibit Sept. 12, 2023 Item #3 Page 37 of 70 ~!!!!!!§ persons under 12 yea rs of age from riding e-bikes, and create a stakeholders working group composed of the Department of Motor Vehicles, the Department of the California Highway Patrol, the Transportation Agency, bicycle groups, policy and fiscal staff, and other relevant stakeholders to work on recommendations to establish an e-bike training program and license. Because the bill would prohibit certain persons from riding electric bicycles, the violation of which would be a crime, the bill would impose a state-mandated local program. Status: 8/14/2023-Re-referred to Com. on RLS. AB 573 (Garcia) Organic waste: meeting recovered organic waste product procurement targets. (Amended: 7/13/2023) Link Current law requires 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 calcu lation 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, for purposes of those regulations, to allow a local jurisdiction, until December 1, 2031, 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: 9/1/2023-ln committee: Held under submission. AB 1567 (Garcia) Safe Drinking Water. Wildfire Prevention. Drought Preparation, Flood Protection, Extreme Heat Mitigation, Clean Energy, and Workforce Development Bond Act of 2024. (Amended: 5/26/2023) Link Would enact the Safe Drinking Water, Wildfire Prevention, Drought Preparation, Flood Protection, Extreme Heat Mitigation, Clean Energy, and Workforce Development Bond Act of 2024, which, if approved by the voters, would authorize the issuance of bonds in the amount of $15,995,000,000 pursuant to the State General Obligation Bond Law to finance projects for safe drinking water, wildfire prevention, drought preparation, flood protection, extreme heat mitigation, clean energy, and workforce development programs. Status: 6/14/2023-Referred to Corns. on N.R. & W. and GOV. & F. AB 1628 (McKinnor) Microfiber filtration. (Amended: 7/13/2023) Link Would require, on and after January 1, 2029, that all new washing machines sold or offered for sale in California for residential, commercial, or state use contain a microfiber filtration system, as defined, with a mesh size not greater than 100 micrometers, and bear a label with a specified consumer notice, as provided. The bill would require the washing machine manufacturer to provide a certificate of compliance with these provisions to persons that sell or distribute the washing machines in the state, as Sept. 12, 2023 Item #3 Page 38 of 70 ~!!!?.!!§ specified. The bill would prohibit a distributor or retailer that relies in good faith on that certificate from being held in violation of these requirements. Status: 9/1/2023-VOTE: Do pass as amended (PASS) Client Position: Support Notes: 8/8/23: EN tagged as pending support. 8/15/23: EN sent a draft letter of support to the City for review. 8/28/23: EN followed up with the City on the draft letter. 9/5/23/: EN tagged as support, submitted to Senate Environmental Quality Committee, emailed delegation and governor's office. SB 272 {Laird) Sea level rise: planning and adaptation. {Amended: 6/6/2023) Link Current law creates within the Ocean Protection Council the California Sea Level Rise State and Regional Support Collaborative to provide st ate and regional information to the public and support to local, regional, and other state agencies for the identification, assessment, planning, and, where feasible, the mitigation of the adverse environmental, social, and economic effects of sea level rise within the coastal zone, as provided. This bill 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, as provided. By imposing additional requirements on local governments, the bill would impose a state-mandated local program. The bill would require local governments that receive 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 loca l government's approved sea level rise adaptation plan. Status: 9/1/2023-From committee: Do pass. (Ayes 13. Noes 1.) (September 1). Calendar: 9/5/2023 #24 ASSEMBLY SECOND READING FILE --SENATE BILLS, SB 303 {Allen) Solid waste: Plastic Pollution Prevention and Packaging Producer Responsibility Act. (Amended: 7/12/2023) 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 cove red 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 compostable, 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. The act requires the department to establish a producer responsibility advisory board for specified purposes. The act authorizes an affected entity that asserts that specific actions taken to meet Sept. 12, 2023 Item #3 Page 39 of 70 ~!!?!~ the requirements of the act are disrupting or otherwise adversely affecting the sustained operation or commercial viability of solid waste collection programs, solid waste recycling facilities, or composting facilities providing services in accordance with local solid waste handling requirements, to bring the concern and evidence supporting that assertion to the advisory board for discussion and to ask the advisory board to conduct a preliminary evaluation of the information. If the evaluation demonstrates that specific actions are disrupting or otherwise adversely affecting existing operations, the act requires the advisory board to submit the concern to the department for further analysis. The act requires the department to analyze the information provided by the advisory board and authorizes the department to offer a recommendation for resolution. This bill would instead authorize an affected entity that asserts that specific actions taken by the PRO, a producer, or an entity under 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 loca l 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 co ncern 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 non binding arbitration, as specified. The bill would specify the duties and the authority of the arbitrator, as described, including requiring the arbitrator to transmit the proposed decision to the department and the advisory board. The bill would require the department t o review the arbitrator's proposed decision within 60 days of receipt and to make a specified determination. Status: 9/1/2023-From committee: Do pass. (Ayes 16. Noes 0.) (September 1). Calendar: 9/5/2023 #29 ASSEMBLY SECOND READING FILE --SENATE BILLS, SB 360 (Blakespear) California Coastal Commission: member voting. (Chaptered: 7/21/2023) 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 a member of a joint powers authority and a member of a local agency formation commission. Status: 7 /21/2023-Approved by the Governor. Chaptered by Secretary of State. Chapter 108, Statutes of 2023. SB 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 Sept. 12, 2023 Item #3 Page 40 of 70 ~!!??§ website, a report on greenhouse gas emissions inventories for the calenda r 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 invent ories. 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: 9/1/2023-September 1 hearing: Held in committee and under submission. SB 638 (Eggman) Climate Resiliency and Flood Protection Bond Act of 2024. (Amended: 6/28/2023) Link Would enact the Climate Resiliency and Flood Protection Bond Act of 2024 w hich, 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: 7 /6/2023-July 11 hearing postponed by committee. SB 867 (Allen) Drought, Flood, and Water Resilience, Wildfire and Forest Resilience, Coastal Resilience, Extreme Heat Mitigation, Biodiversity and Nature-Based Climate Solutions, Climate Smart Agriculture, Park Creation and Outdoor Access, and Clean Energy Bond Act of 2024. (Amended: 6/22/2023) Link Would enact the Drought, Flood, and Water Resilience, Wildfire and Forest Resilience, Coastal 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 res ilience, coastal resilience, extreme heat mitigation, biodiversity and nature-based climate solutions, climate smart agriculture, park creation and outdoor access, and clean energy programs. Status: 7 /6/2023-July 10 hearing postponed by committee. Ciovernmental Operations AB 504 (Reyes) State and local public employees: labor relations: strikes. (Amended: 9/1/2023) Link Would provide, except as specified, that it is not unlawful or a cause for discipline or other adverse action aga inst a public employee for that public employee to refuse to enter property that is the site of a primary strike, perform work for a public employer involved in a primary strike, or go through or work behind a primary strike line. The bill would prohibit a public employer from directing a public employee to take those actions. The bill would authorize a recognized employee organization to inform employees of these rights and encourage them to exercise those rights. 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 shall be void against public policy, except that the bill would require the parties to negotiate over the bill's provisions if the bill is in conflict with a collective bargaining agreement entered Sept. 12, 2023 Item #3 Page 41 of 70 ~!!!!~§ into before January 1, 2024, as prescribed. The bill would exempt certain public employees of fire departments and certain peace officers from these provisions. Status: 9/1/2023-From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (September 1). Read second time and amended. Ordered returned to second reading. Calendar: 9/5/2023 #128 SENATE ASSEMBLY BILLS-SECOND READING FILE, AB 520 (Santiago) Employment: public entities. (Amended: 9/1/2023) Link Current law authorizes the Labor Commissioner to investigate employee complaints and to provide for a hearing in any action to recover wages, penalties, and other demands for compensation. Under existing law, any individual or business entity that contracts for services in the property services or long-term care industries is jointly and severally liable for any unpaid wages, including interest, where the individual or business entity has been provided notice, by any party, of any proceeding or investigation by the Labor Commissioner in which the employer is found liable for those unpaid wages, to the extent the amounts are for services performed under that contract, as provided, and except as specified. This bill would additionally provide that any public entity, defined as a city, county, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state, is jointly and severally liable for any unpaid wages, as provided in the above paragraph. Status: 9/1/2023-From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (September 1). Read second time and amended. Ordered returned to second reading. Calendar: 9/5/2023 #131 SENATE ASSEMBLY BILLS -SECOND READING FILE, AB 1297 (Quirk-Silva) Public restrooms. (Amended: 6/21/2023) Link Current law requires every public agency, as defined, that conducts an establishment serving the public or open to the public and that maintains restroom facilities for the public, to make every water closet available without cost or charge, as provided. Current law also requires publicly and privately owned facilities where the public congregates to be equipped with sufficient temporary or permanent restrooms to meet the needs of the public at peak hours. This bill 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 report the availability of public restrooms to the Legislature by March 1, 2025, as specified. Status: 9/1/2023-ln committee: Held under submission. AB 1484 (Zbur) Temporary public employees. (Amended: 9/1/2023) 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 service or activity provided by law or executive order. Current law states that the Legislature finds and Sept. 12, 2023 Item #3 Page 42 of 70 ~!!!!!!? 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 sim ilar type of work that is performed by permanent employees represented by a recognized employee organization, subject to limited exceptions. Status: 9/1/2023-From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (September 1). Read second time and amended. Ordered returned to second reading. Client Position: Oppose Calendar: 9/5/2023 #222 SENATE ASSEMBLY BILLS-SECOND READING FILE, Notes: 5/3/23: EN tagged as pending oppose. 5/8/23 AB: tagged as oppose and submitted letter of opposition through the Legislative portal. 5/8/23: EN emailed letter to delegation. 6/23/23: EN submitted to Sen LPER, emailed delegation and governor's office. 7 /12/23: AS me too'd in Senate Labor, Public Employment, and Retirement. 8/14/23: SG me too'd in Senate Appropriations Committee. AB 1637 (Irwin) Local government: internet websites and email addresses. (Amended: 6/29/2023) Link Would, no later than January 1, 2029, require a local agency, as defined, that maintains an internet website for use by the public to ensure that the internet website utilizes a ".gov" top-level domain or a ".ca.gov" second-level domain and would require a local agency that maintains an internet website that is noncom pliant with that requirement to redirect that internet website to a domain name that does utilize a ".gov" or ".ca.gov" domain. This bill, no later than January 1, 2029, would also require a local agency that maintains public email addresses to ensure that each email address provided to its employees utilizes a ".gov" domain name or a ".ca.gov" domain name. By adding to the duties of local officials, the bill would impose a state-mandated local program. Status: 9/1/2023-From committee: Do pass. (Ayes 5. Noes 2.) (September 1). Calendar: 9/5/2023 #77 SENATE ASSEMBLY BILLS -SECOND READING FILE, AB 1638 (Fong, Mike) Local government: emergency response services: use of languages other than ~nglish. (Amended: 9/1/2023) Link Would require, commencing January 1, 2025, in the event of an emergency within the jurisdiction of a local agency, as defined, that provides emergency response services and that serves a population within which 5% or more of the people speak English less than "very well" according to American Community Survey data and jointly speak a language other than English, that the local agency provide information related to the emergency in English and in all languages spoken jointly by the 5% or more of the population that spea ks English less than "very well." The bill would require local agencies to use data by January 1, 2025, as specified, to determine which languages are spoken jointly by 5% or more of the population in its jurisdiction and to reassess that data every 5 years. The bill would impose various requirements on the manner in which information is provided in languages other than English. The bill would also require the Office of Planning and Research to survey a sample of local agencies every 3 Sept. 12, 2023 Item #3 Page 43 of 70 ~!!!!!!§ years to determine compliance with these requirements and to report its findings to the Legislature. Because the bill would require local agencies to provide a higher level of service, the bill would impose a state-mandated local program. Status: 9/1/2023-From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (September 1). Read second time and amended. Ordered returned to second reading. Calendar: 9/5/2023 #234 SENATE ASSEMBLY BILLS-SECOND READING FILE, ACA 13 (Ward) Voting thresholds. (Amended: 9/1/2023) Link Would further provide that an initiative measure that includes one or more provisions that would amend the Constitution to increase the voter approval requirement to adopt any state or local measure would be approved by the voters only if the proportion of votes cast in favor of the initiative measure is equal to or greater than the highest voter approval requirement that the initiative measure would impose. This bill contains other related provisions and other existing laws. Status: 9/1/2023-From committee: Amend, and be adopted as amended. (Ayes 9. Noes 4.) (September 1). Read second time and amended. Ordered returned to second reading. Calendar: 9/5/2023 #2 ASSEMBLY SECOND READING FILE --ASSEMBLY BILLS, SB 428 (Blakespear) Temporary restraining orders and protective orders: employee~har~ssment. (Amended: 6/22/2023) Link Would 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 also require an employer seeking such a temporary restraining order to provide the employee whose protection is sought the opportunity to decline to be named in the order, before the filing of the petition. 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 the federal National Labor Relations Act or specified provisions of law governing the communications of exclusive representatives of public employees. Status: 9/1/2023-Read third time. Passed. Ordered to the Senate. Client Position: Sponsor Notes: 3/10/23: Amy submitted letter to portal. 3/10/23: EN emailed delegation. 4/17 /23: EN submitted letter to Sen Approps. 4/24/23: SG testified in support in Senate Appropriations Committee 4/27 /23: EN submitted a coalition letter. 4/28/23: EN submitted an updated coalition letter. 6/20/23: EN submitted letter to Asm Jud, emailed city, delegation, and governor's office. 6/27 /23: Bill was on consent in Asm Jud. SB 654 (Jones) Local agencies: public property: airport leases. (Chaptered: 9/1/2023) Link Current law authorizes a local agency to lease or sublease property owned, leased, or otherwise controlled by it for a period not to exceed 50 years for airport purposes or purposes incidental to Sept. 12, 2023 Item #3 Page 44 of 70 ~!!!!£§ aircraft. This bill would authorize a local agency and the leaseholder, with respect to a lease or sublease entered into pursuant to the above-described authority, to amend the lease or sublease to extend the duration of the lease or sublease, to terminate the lease or sublease and enter into a new lease or sublease, or to transfer an existing lease or sublease, as specified. Status: 9/1/2023-Approved by the Governor. Chaptered by Secretary of State. Chapter 155, Statutes of 2023. Notes: 4/12/23 SG: Carlsbad Jet Center is in support SB 683 (Glazer) Hotels and short-term rentals: advertised rates: mandatory fees. (Amended: 6/28/2023) Link Would, beginning July 1, 2024, 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 renta l to clearly and conspicuously disclose on its internet website a list of all mandatory fees and any payment 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 False Advertising Law (FAL). By expanding the scope of a crime, the bill would impose a state-mandated local program. Status: 9/1/2023-From committee: Do pass. (Ayes 12. Noes 2.) (September 1). Calendar: 9/5/2023 #92 ASSEMBLY SECOND READING FILE --SENATE BILLS, SB 799 (Portantino) Unemployment insurance: trade disputes: eligibility for benefits. (Amended: 8/22/2023) Link Current law provides for the payment of unemployment compensation benefits and extended benefits to eligible individuals who meet specified requirements. Under current law, unemployment benefits are paid from the Unemployment Fund, which is continuously appropriated for these purposes. Current law makes an employee ineligible for benefits if the employee left work because of a trade dispute and specifies that the employee remains ineligible for the duration of the trade dispute. Current case law holds that employees who left work due to a lockout by the employer, even if it was in anticipation of a trade dispute, are eligible for benefits. This bill would restore eligibility after the first 2 weeks for an employee who left work because of a trade dispute. The bill would codify specified case law that holds that employees who left work due to a lockout by the employer, even if it was in anticipation of a trade dispute, are eligible for benefits. The bill would specify that the bill's provisions do not diminish eligibility for benefits of individuals deprived of work due to an employer lockout or similar action, as specified. Status: 8/31/2023-From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 2.) (August 31). Re-referred to Com. on APPR. Calendar: 9/7/2023 Upon adjournment of Session -1021 0 Street, Room 1100 ASSEMBLY APPROPRIATIONS, HOLDEN, CHRIS, Cha ir, Sept. 12, 2023 Item #3 Page 45 of 70 ~!!!!!:§ Health and Human Services SB 43 (Eggman) Behavioral health. (Amended: 7/13/2023) 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 incompetent, as specified. This bill expands the definition of "gravely disabled" to also include a condition in which a person, as a resu lt of a severe substance use disorder, or a co-occurring mental health disorder and a severe substance use disorder, is, in addition to the basic personal needs described above, unable t o provide for their personal safety or necessary medical care, as defined. The bill would authorize counties to defer implementation of these provisions to January 1, 2025, as specified. Status: 9/1/2023-VOTE: Do pass as amended. (PASS) Client Position: Support Notes: 3/14/23 SG: Subcommittee approved support position 3/29/23 SG: Testified in support in Senate Health Committee 4/7 /23 AB: Submitted letter of support to the Judiciary Committee and the Author through the Legislative portal. 4/7 /23: EN emailed letter to delegation. 5/8/23: AS testified in support in Senate Appropriations. 6/9/23: EN submitted to Asm Health, emailed delegation and governor's office. 6/27 /23: SG me too'd in Asm Health. 7 /3/23: EN submitted to Asm Judiciary, emailed delegation and governor's office. 7 /11/23: AS me too'd in Asm Judiciary. SB 326 (Eggman) The Behavioral Health Services Act. (Amended: 9/5/2023) Link If approved by the voters at the March 5, 2024, statewide primary election, this bill would recast the Mental Health Services Act (MHSA) by, among other things, renaming it the Behavioral Health Services Act (BHSA), expanding it to include treatment of substance use disorders, changing the county planning process, and expanding services for which counties and the state can use funds. The bill would revise the distribution of MHSA moneys, including allocating up to $36,000,000 to the department for behavioral health workforce funding. The bill would authorize the department to require a county to implement specific evidence-based practices. This bill would require a county, for behavioral health services eligible for reimbursement pursuant to the federal Social Security Act, to submit the claims for reimbursement to the State Department of Health Care Services (the department) under specific circumstances. The bill would require counties to pursue reimbursement through various channels and would authorize the counties to report issues with managed care plans and insurers to the Department of Managed Health Care or the Department of Insurance. Status: 9/1/2023-September 1 set for first hearing. Placed on suspense file. (Amended 9/5/2023) Client Position: Support Notes: 7 /19/23: EN tagged as pending support and emailed Jason a draft letter. 8/11/23: EN tagged as support, submitted to Assembly Health Committee, emailed delegation and Governor's office. 8/22/23: SG me too'd in Assembly Health Committee. 8/24/23: EN submitted to Assembly Housing and Sept. 12, 2023 Item #3 Page 46 of 70 ~!!??§ Community Development Committee, emailed delegation and Governor's office. 8/28/23: SG me too'd in Assembly Housing Committee. SB 363 (Eggman) Facilities for inpatient and residential mental health and substance use disorder: database. (Amended: 5/18/2023) Link Would require, by January 1, 2026, the State Department of Health Care Services, in consultation with the State Department of Public Health and the State Department of Social Services, and by conferring with specified stakeholders, to develop a real-time, internet-based database to collect, aggregate, and display information about beds in specified types of facilities, such as chemical dependency recovery hospitals, acute psychiatric hospitals, and mental health rehabilitation centers, among others, to identify the availability of inpatient and residential mental health or substance use disorder treatment. The bill would require the database to include a minimum of specific information, including the contact information for a facility's designated employee, the types of diagnoses or treatments for which the bed is appropriate, and the target populations served at the facility, and have the capacity to, among other things, enable searches to identify beds that are appropriate for individuals in need of inpatient or residential mental health or substance use disorder treatment. Status: 9/1/2023-September 1 hearing: Held in committee and under submission. Client Position: Support Notes: 3/14/23 SG: Subcommittee approved support position 3/22/23 SG: Testified in support in Senate Health Committee 4/7 /23 AB: Submitted letter of support to the Judiciary Committee and the Author. 4/7 /23: EN emailed letter to delegation. 4/11/23 SG: Testified in support in Senate Judiciary Committee 4/24/23 SG: Testified in support in Senate Approps 6/6/23: EN submitted to Asm Health and emailed City, delegation, and governor's office. 6/13/23: AS testified in Asm Health. Homelessness AB 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, t o serve as the lead person for ending homelessness in California. The bill would req uire 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 federa l, 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: 9/1/2023-ln committee: Held under submission. Client Position: Support Sept. 12, 2023 Item #3 Page 47 of 70 ~!!!!£§ Notes: 7/19/23: EN tagged as pending support and emailed Jason a draft letter. 8/11/23: EN tagged as support, submitted to Senate Appropriations, emailed delegation and Governor's office. 8/14/23: SG me too'd in Senate Appropriations Committee. AB 1215 (Carrillo, Wendy) Pets Assistance With Support Grant Program: homeless shelters: domestic violence sh~lters: pets. (Amended: 5/18/2023) 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: 9/1/2023-From committee: Do pass. (Ayes 7. Noes 0.) (September 1). Calendar: 9/5/2023 #320 SENATE ASSEMBLY BILLS -SECOND READING FILE, AB 1285 (Wicks) Homeless Housing, Assistance, and Prevention program and Encampment Resolution Eu11di11g program. (Amended: 8/31/2023) Link The Homeless Housing, Assistance, and Prevention program is administered by the California lnteragency Council on Homelessness to provide grant funds to cities, continuums of care, and tribes in 5 rounds to support regional coordination and expand or develop local capacity to address homelessness challenges informed by a best-practices framework focused on moving homeless individuals and families into permanent housing and supporting the effort of those individuals and families to maintain their permanent housing. Current law requires, to be eligible for a round 5 base program allocation, a jurisdiction that is not a tribe to apply as part of a region and to be signatory to a regionally coordinated homelessness action plan that has been approved by the council. Current law requires the regionally coordinated homelessness action plan to include, among other things, an explanation of how each participating jurisdiction is utilizing local, state, and federal funding programs to end homelessness. Current law establishes the Encampment Resolution Funding program, administered by the California lnteragency Council on Homelessness, to increase collaboration between the council, local jurisdictions, and continuums of care for specified purposes. Existing law requires the council to award moneys pursuant to the program as competitive grants, as specified, to be used to support encampment resolution and rehousing efforts for local jurisdictions. Current law requires the council to prioritize funding applicants that demonstrate a commitment to cross-systems collaboration and innovative efforts to resolve encampment issues or have 50 or more individuals living in the encampment. This bill would require the above-described regionally coordinated homelessness action plan to additionally include evidence and an explanation by a continuum of care that shares geographic boundaries with a city, county, or city and county that is using state funding allocated pursuant to the Homeless Housing, Assistance, and Prevention program or is receiving state funding pursuant to the Encampment Resolution Funding program to provide services or housing for place-based encampment resolution, of collaboration with the city, county, or city and county that addresses how people se rved through encampment resolution have or will be included in prioritization for permanent housing within coordinated entry systems. Sept. 12, 2023 Item #3 Page 48 of 70 "!!!!!!§ Status: 9/1/2023-Read second time. Ordered to third reading. Calendar: 9/5/2023 #655 SENATE ASSEMBLY BILLS -THIRD READING FILE, Housing and Land Use AB 72 (Boerner) Coastal resources: research: landslides and erosion: early warning system. (Chaptered: 7/21/2023) Link Current law requires the Scripps Institution of Oceanography at the University of California, San Diego, upon appropriation by the Legislature, to conduct research on coastal cliff landslides and erosion in the County of San Diego, to be completed by January 1, 2025. Current law requires the institution to conduct real-time measurements of land deformation to identify and analyze conditions that precede catastrophic bluff failure on 2 specified sites as a condition of receiving funds. Current law requires the institution to provide a report to the Legislature with recommendations for developing a coastal cliff landslide and erosion early warning system based on available research no later than March 15, 2025. This bill would require those real-time measurements, and identification and analysis of those conditions, for a 3rd specified site as a condition of receiving that funding, and would postpone the deadline for the research to be completed to January 1, 2026. Status: 7 /21/2023-Approved by the Governor. Chaptered by Secretary of State -Chapter 80, Statutes of 2023. AB 434 (Grayson) Housing element: notice of violation. (Amended: 7/12/2023) Link The Middle Class Housing Act of 2022 deems a housing development project, as defined, to be an allowable use on a parcel that is within a zone where office, retail, or parking are a principally permitted use, if specified conditions are met, including requirements relating to density, public notice, comment, hearing, or other procedures, site location and size, consistency with sustainable community strategy or alternative plans, prevailing wage, and a skilled and trained workforce. Statutory law proposed by SB 4 would require that a housing development project be a use by right upon the request of an applicant who submits an application for streamlined approval, on any land owned by an independent institution of higher education or religious institution on or before January 1, 2024, if the development satisfies specified criteria. Current law requires the Department of Housing and Community Development to notify a city, county, or city and county, and authorizes the department to notify the Attorney General, that a city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to that element, or any specified action or failure to act, does not substantially comply with the law as it pertains to housing elements or that any local government has taken an action in violation of certain housing laws. 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, housing development projects being deemed an allowable use of parcels within a zone where office, retail, or parking are a Sept. 12, 2023 Item #3 Page 49 of 70 ~!!!!!!§ principally permitted use, or a housing development project being a use by right on land owned by an independent institution of higher education or religious institution, as provided. Status: 9/1/2023-From committee: Do pass. (Ayes 5. Noes 2.) (September 1). Calendar: 9/5/2023 #19 SENATE ASSEMBLY BILLS-SECOND READING FILE, AB 480 (Ting) Surplus land. (Amended: 7/3/2023) Link Current law requires a local agency to take formal action in a regular public meeting to declare that 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 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: 9/1/2023-From committee: Do pass. (Ayes 5. Noes 2.) (September 1). Calendar: 9/5/2023 #23 SENATE ASSEMBLY BILLS -SECOND READING FILE, AB 531 (Irwin) The Behavioral Health Infrastructure Bond Act of 2023. (Amended: 6/19/2023) Link Would enact the Behavioral Health Infrastructure Bond Act of 2023 which, if approved by the voters, would authorize the issuance of bonds in the amount of $4,680,000,000 to finance grants for the acquisition of capital assets for, and the construction and rehabilitation of, unlocked, voluntary, and community-based treatment settings and residential care settings and also for housing for veterans and others who are experiencing homelessness or are at risk of homelessness and are living with a behavioral health challenge. The bill would provide for the submission of the bond act to the voters at the March 5, 2024, statewide primary election. Status: 9/1/2023-From committee: Do pass. (Ayes 5. Noes 2.) (September 1). Client Position: Support Calendar: 9/5/2023 #26 SENATE ASSEMBLY BILLS-SECOND READING FILE, Notes: 7 /19/23: EN tagged as pending support and emailed Jason a draft letter. 8/11/23: EN tagged as support, submitted to Senate Appropriations, emailed delegation and Governor's office. AB 894 (Friedman) Parking requirements: shared parking. (Amended: 9/1/2023) Link The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development, and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a housing element. Current law also authorizes the legislative body of a city or a county to adopt ordinances establishing requirements for parking. When an entity receiving parking is not using that parking to meet public automobile parking requirements, this bill would require a local agency, as defined, to allow entities with underutilized parking to share their underutilized parking with the public, local agencies, or other entities, if those entities submit a shared parking agreement, as defined, to the local agency, and information identifying the benefits of the proposed shared parking agreement. The bill would require a local agency to allow parking spaces Sept. 12, 2023 Item #3 Page 50 of 70 ~!!!!!§ identified in a shared parking agreement to count toward meeting automobile parking requirements for a new or existing development or use, including, but not limited to, shared parking in underutilized spaces and in parking lots and garages that will be constructed as part of the development or developments when specified conditions regarding the distance between the entities that will share the parking are met. The bill would require a local agency to approve the shared parking agreement if it includes, among other things, a parking analysis using peer-reviewed methodologies developed by a professional planning association, as specified. The bill would require a local agency to decide whether to approve or deny the shared parking agreement and determine how many parking spaces can be reasonably shared between uses to fulfill parking requirements if the shared parking agreement does not include this parking analysis. Status: 9/1/2023-From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (September 1). Read second time and amended. Ordered returned to second reading. Calendar: 9/5/2023 #169 SENATE ASSEMBLY BILLS -SECOND READING FILE, AB 976 (Ting) Accessory dwelling units: owner-occupancy requirements. (Amended: 8/28/2023) Link Current law requires a local ordinance to require an accessory dwelling unit to be either attached to, or located within, the proposed or existing primary dwelling, as specified, or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. Current law authorizes a local agency to require an accessory dwelling unit to be used for rentals of terms longer than 30 days. This bill, instead, would authorize a local agency to require terms that are 30 days or longer. Status: 8/29/2023-Read second time. Ordered to third reading. Calendar: 9/5/2023 #617 SENATE ASSEMBLY BILLS-THIRD READING FILE, AB 1218 (Lowenthal) Development projects: demolition of residential dwelling units. (Amended: 6/21/2023) 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 protected units and protected units demolished on or after January 1, 2020, (2) include a minimum amount of residential units, (3) allow existing occupants to occupy their units until 6 months before the start of 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. Sept. 12, 2023 Item #3 Page 51 of 70 A!!!!!!§ Status: 8/15/2023-Read second time. Ordered to third reading. Calendar: 9/5/2023 #534 SENATE ASSEMBLY BILLS -THIRD READING FILE, AB 1287 (Alvarez) Density Bonus Law: maximum allowable residential density: additional density bonus and incentives or concessions. (Amended: 8/23/2023) Link The Density Bonus Law requires a city or county to provide a developer that proposes a housing development within the city or county with a density bonus and other concessions or incentives or concessions, as specified, if the developer agrees to construct specified percentages of units for lower income households or very low income households, and meets other requirements. Current law defines the term "density bonus" for these purposes to mean a density increase over the otherwise maximum allowable gross residential density as of the date of the application, as described. Current law defines the term "maximum allowable residential density" for these purposes to mean the maximum number of units allowed under the zoning ordinance, specific plan, or land use element of the general plan, or, if a range of density is permitted, the maximum number of units allowed by the specific zoning range, specific plan, or land use element of the general plan applicable to the project. Current law provides under that definition that if the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan or specific plan, the greater density prevails. This bill would instead define "maximum allowable residential density" to mean the greatest number of units allowed under the zoning ordinance, specific plan, or land use element of the general plan, or, if a range of density is permitted, the greatest number of units allowed by the specific zoning range, specific plan, or land use element of the general plan applicable to the project. Status: 8/24/2023-Read second time. Ordered to third reading. Calendar: 9/5/2023 #599 SENATE ASSEMBLY BILLS -THIRD READING FILE, AB 1332 (Carrillo. Juan) Accessory dwelling units: preapproved plans. (Amended: 8/29/2023) Link The Planning and Zoning Law authorizes a local agency, by ordinance or ministerial approval, to provide for the creation of accessory dwelling units in areas zoned for residential use, as specified. Current law authorizes a local agency to impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, and maximum size of a unit. This bill would require each local agency, by January 1, 202S, 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 local agency to post preapproved accessory dwelling unit plans and the contact information of the applicant on the local agency's internet website. The bill would require a local agency to either approve or deny an application for a permit for a proposed accessory dwelling unit within 30 days that utilizes either an accessory dwelling unit plan preapproved within the current triennial California Building Standards Code rulemaking cycle or a plan that is identica l 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: 8/30/2023-Read second time. Ordered to third reading. Sept. 12, 2023 Item #3 Page 52 of 70 ~!!?!§ Calendar: 9/5/2023 #627 SENATE ASSEMBLY BILLS-THIRD READING FILE, AB 1490 (Lee) Affordable housing development projects: adaptive reuse. (Amended: 7/10/2023) Link Under this bill, a housing development that is, among other requirements, an extremely affordable adaptive reuse project on an infill parcel that is not located on or adjoined to a site where more than 1/3 of the square footage on the site is dedicated to industrial use, as specified, would be an allowable use. The bill would authorize a local agency to impose objective design review standards, except as specified. The bill would authorize a local agency to deny the project if it is proposed to be located on a site or adjoined to any site where any of the square footage on the site is dedicated to industrial use and the local agency makes written findings that approving the development would have an adverse effect on public health and safety. The bill would provide that for purposes of the Housing Accountability Act, a proposed housing development project is consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision if the housing development project is consistent with the standards specified in these provisions. The bill would require a local agency to determine whether the proposed development meets those standards within specified timeframes. The bill would define an "extremely affordable adaptive reuse project" for these purposes to mean a multifamily housing development project that involves retrofitting and repurposing of a residential or commercial building that currently allows temporary dwelling or occupancy, and that meets specified affordability requirements, including that 100% of the units be dedicated to lower income households, 50% of which shall be dedicated to very low income households, as specified. Because the bill would require local officials to provide a higher level of service, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. Status: 9/1/2023-From committee: Do pass. (Ayes 5. Noes 2.) (September 1}. Calendar: 9/5/2023 #72 SENATE ASSEMBLY BILLS -SECOND READING FILE, AB 1505 (Rodriguez) Seismic retrofitting: soft story multifamily housing. (Amended: 7/3/2023) Link Current law establishes the Seismic Retrofitting Program for Soft Story Multifamily Housing for the purposes of providing financial assistance to owners of soft story multifamily housing for seismic retrofitting to protect individuals living in multifamily housing that have been determined to be at risk of collapse in earthquakes, as specified. Current law also establishes the Seismic Retrofitting Program for Soft Story Multifamily Housing Fund, and its subsidiary account, the Seismic Retrofitting Account, within the State Treasury. Current law provides that the Legislature will appropriate $250,000,000 from the General Fund in the 2023-24 Budget Act to the Seismic Retrofitting Program for Soft Story Multifamily Housing Fund for the purposes of carrying out the program. Current law requires the CRMP to develop and administer the program, as specified. Existing law makes these provisions inoperative on July 1, 2042, and repeals them as of January 1, 2043. Current federal law, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, establishes various grant opportunities, including the Hazard Mitigation Grant Program and Building Resilient Infrastructure and Communities grant program, to support hazard mitigation projects. This bill would remove the requirement for the Legis lature to appropriate $250,000,000 from the General Fund in the 2023-24 Budget Act to the Seismic Retrofitting Program for Soft Story Multifamily Housing Fund. The bill would authorize the Office of Emergency Services to dedicate federal Hazard Mitigation Grant Program and Building Resilient Infrastructure and Sept. 12, 2023 Item #3 Page 53 of 70 ~!!!!!!§ Communities application funding to specified projects to augment and support the Seismic Retrofitting Program for Soft Story Multifamily Housing. Status: 8/24/2023-From Consent Calendar. Ordered to third reading. Calendar: 9/5/2023 #596 SENATE ASSEMBLY BILLS -THIRD READING FILE, AB 1657 (Wicks) The Affordable Housing Bond Act of 2024. (Amended: 4/17/2023) Link Would enact the Affordable Housing Bond Act of 2024, which, if adopted, would authorize the issuance of bonds in the amount of $10,000,000,000 pursuant to the State General Obligation Bond Law. Proceeds from the sale of these bonds would be used to finance programs to fund affordable rental housing and homeownership programs, including, among others, the Multifamily Housing Program, the CalHome Program, and the Joe Serna, Jr. Farmworker Housing Grant Program. Status: 9/1/2023-ln committee: Held under submission. SB 4 (Wiener) Planning and zoning: housing development: higher education institutions and religious institutions. (Amended: 9/1/2023) Link Current law, the Zenovich-Moscone-Chacon Housing and Home Finance Act, establishes the California Tax Credit Allocation Committee within the Department of Housing and Community Development. Current law requires the committee to allocate state low-income housing tax credits in conformity with state and federal law that establishes a maximum rent that may be charged to a tenant for a project unit constructed using low-income housing tax credits. The bill would define various terms for these purposes. Among other things, the bill would require that 100% of the units, exclusive of manager units, in a housing development project eligible for approval as a use by right under these provisions be affordable to lower income households, except that 20% of the units may be for moderate-income households, and 5% of the units may be for staff of the independent institution of higher education or the religious institution that owns the land, provided that the units affordable to lower income households are offered at affordable rent, as set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee, or affordable housing cost, as specified. The bill would authorize the development to include ancillary uses on the ground floor of the development, as specified. Status: 9/1/2023-From committee: Do pass as amended. (Ayes 11. Noes 0.) (September 1). Read second time and amended. Ordered to second reading. Calendar: 9/5/2023 #115 ASSEMBLY SECOND READING FILE --SENATE BILLS, SB 423 (Wiener) Land use: streamlined housing approvals: multifamily housing developments. (Amended: 9/1/2023) Link Would authorize the Department of General Services to act in the place of a locality or local government, at the discretion of that department, for purposes of the ministerial, streamlined review for development in compliance with the specified-described requirements on property owned by or leased to the state. The bill would extend the operation of the streamlined, ministerial approval process to January 1, 2036. The bill would provide that the streamlined, ministerial approval process does not apply to applications for developments proposed on qualified sites, defined as a site that is located Sept. 12, 2023 Item #3 Page 54 of 70 ~!!E.!!! within an equine or equestrian district and meets certain other requirements, that are submitted on or after January 1, 2024, but before July 1, 2025. This bill would modify the specified-described objective planning standards, including by revising the standard that prohibits a multifamily housing development from being subject to the streamlined, ministerial approval process if the development is located in a coastal zone to apply only if the development located in the coastal zone meets any one of specified conditions. The bill would require that a development located in a coastal zone that satisfies the specified conditions obtain a coastal development permit. The bill would require a local government to approve a coastal development permit if it determines that the development is consistent with all objective standards of the loca l government's certified local coastal program, as specified. The bill would provide that the changes made by this act would apply in a coastal zone on or after January 1, 2025 This bill would modify the objective planning standard that prohibits a development subject to the streamlined, ministerial approval process from being located in a high fire severity zone by deleting the prohibition for a development to be located within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection, and would instead prohibit a development from being located with the state responsibility area, as defined, unless the site has adopted specified standards. The bill would also remove an exception for sites excluded from specified hazard zones by a local agency, as specified. Status: 9/1/2023-From committee: Do pass as amended. (Ayes 12. Noes 3.) (September 1). Read second time and amended. Ordered to second reading. Client Position: Oppose Calendar: 9/5/2023 #155 ASSEMBLY SECOND READING FILE --SENATE BILLS, Notes: 5/3/23: EN tagged as pending oppose and sent a draft letter to Jason and Allegra. 5/8/23 AB: tagged as opposed and submitted letter of opposition through the Legislative portal. 5/8/23: EN emailed letter to delegation. 5/15/23: SG testified in Senate Appropriations. 6/9/23: EN submitted to Asm HCD, emailed delegation and governor's office. 6/21/23: EN submitted an updated letter to Asm HCD. 6/28/23: EN me too'd in opposition in Asm HCD. 7 /3/23: EN submitted to Asm NR, emailed delegation and governor's office. 7 /10/23: EN me too'd in Asm NR. SB 450 (Atkins) Housing development: approvals. (Amended: 9/1/2023) Link Current law requires a proposed housing development containing no more than 2 residential units within a single-family residential zo ne to be considered ministerially, without discretionary review or hea ring, 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 loca l 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% ofthe 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 Sept. 12, 2023 Item #3 Page 55 of 70 ~!!!!?§ standards that do not apply uniformly to development within the underlying zone, but would specify that these provisions do not prohibit a local agency from adopting or imposing objective zo ning standards, objective subdivision standards, and objective design standards on the development if the standards are more permissive than applicable standards within the underlying zone. The 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. The bill would require the loca l agency t o consider and approve or deny the proposed housing development application within 60 days from the date the local agency receives the completed application, and would deem the application approved after that time. Status: 9/1/2023-From committee: Do pass as amended. (Ayes 12. Noes 2.) (September 1). Read second time and amended. Ordered to second reading. Calendar: 9/5/2023 #159 ASSEMBLY SECOND READING FILE --SENATE BILLS, SB 555 (Wahab) Stable Affordable Housing Act of 2023. (Amended: 5/22/2023) Link Current law establishes the Department of Housing and Community Development and sets forth its powers and duties. Current law establishes various programs providing assistance for, among other things, emergency housing, multifamily housing, farmworker housing, homeownership for very low and low-income households, and down payment assistance for first-time homebuyers. This bill, the Stable Affordable Housing Act of 2023, would declare a 10-year goal of creating 1.2 million units of social housing through a mix of acquisition and new production and a 5-year goal of creating 600,000 units of social housing through a mix of acquisition and new production, of which no less than 200,000 units are affordable to extremely low and very low income households, as defined. Status: 9/1/2023-September 1 hearing: Held in committee and under submiss ion. SB247 (Caballero) Land use: surplus land. (Amended: 8/14/2023) Ll nk Current law prescribes requirements for the disposal of surplus land by a local agency. Current law defines "surplus land" to generally mean land owned in fee simple by a local agency for which the local agency's governing body takes formal action in a public meeting declaring that the land is surplus and not necessary for the agency's use . Current law defines "agency's use" to include land that is being used, is planned to be used pursuant to a written plan adopted by the local agency's governing board, or is disposed of to support agency work or operations. Current law excludes from "agency's use" commercial or industrial uses or activities, or property disposed of for the sole purpose of investment or generation of revenue, unless the local agency is a district, except as specified, and the agency's governing body takes specified actions in a public meeting. Current law excludes from these requirements the disposal of exempt surplus land by an agency of the state or any local government. Current law requires a local agency to declare land as either surplus land or exempt surplus land, as supported by written findings, before a local agency may take any action to dispose of it. Under current law, exempt surplus land includes, among other types of land, property that is used by a district for an "agency's use" as expressly authorized, land for specified developments, including a mixed-use development, if put out to open, competitive bid by a local agency, as specified, and su rplus land that is subject to specified valid legal restrictions. Current law defines for a local agency that is a district, except for those districts whose primary mission is to supply the public with a transportation system, "agency's Sept. 12, 2023 Item #3 Page 56 of 70 "!!!!!!§ use" to include commercial or industrial uses or activities, or property disposed of for the sole purpose of investment or generation of revenue. This bill would define the term "dispose" for these purposes to mean the sale of the surplus property or a lease of any surplus property entered into on or after January 1, 2024, for a term longer than 15 years, including renewal options, as specified. Status: 9/1/2023-From committee: Do pass. (Ayes 16. Noes 0.) (September 1). Client Position: Support Calendar: 9/5/2023 #99 ASSEMBLY SECOND READING FILE --SENATE BILLS, Notes: 4/11/23 SG: Carlsbad Legislative Subcommittee adopt support position 4/12/23 SG/EN: Testified in support in Senate Governance and Finance 4/13/23: EN sent draft letter to Jason and Allegra for review. 4/24/23: SG testified in support in Senate Housing Committee 5/3/23: EN uploaded to Sen Appropriations and emailed delegation. 5/15/23: SG testified in Senate Appropriations. 6/21/23: EN submitted letter to Asm LG, emailed governor's office and delegation. 6/28/23: RPPG testified in support in Asm LG. 7 /5/23: EN submitted to Asm Housing, emailed governor's office and delegation. 7 /12/23: SG me too'd in Asm Housing. SB 834 (Portantino) Housing: California Family Home Construction and Homeownership Bond Act of 2023. (Amended: 5/2/2023) Ltnk Would enact the California Family Home Construction and Homeownership Bond Act of 2023 (bond act), which, if adopted, would authorize the issuance of bonds in the amount of $25,000,000,000 pursuant to the State General Obligation Bond Law to finance the California Family Home Construction and Homeownership Program, established as part of the bond act. The bill would authorize the California Housing Finance Agency to award Ca lifornia 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 cost s typically incurred in connection with new home construction, under specified conditions. The bill would require that moneys received from a loan recipient for the repayment of financing provided under the program be used to pay debt service when due on bonds issued pursuant to the bond act. The bill would also authorize the agency to issue revenue bonds for the purposes of financing the program, as specified. Status: 7 /12/2023-Ju ly 12 set for first hearing cance led at the request of author. Open Meetings and Transparency AB 557 (Hartl Open meetings: local agencies: teleconferences. (Amended: 9/1/2023) Lin~ The Ralph M. Brown Act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body not ice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency's jurisdiction. The act provides an exemption to the jurisdictional requirem ent for health authorities, as Sept. 12, 2023 Item #3 Page 57 of 70 ~!!?!!!! defined. Current law, until January 1, 2024, authorizes the legislative body of a local agency to use teleconferencing without complying with those specified teleconferencing requirements in specified circumstances when a declared state of emergency is in effect. Those circumstances are that (1) state or local officials have imposed or recommended measures to promote social distancing, (2) the legislative body is meeting for the purpose of determining whether, as a result of the emergency, meeting in person would present imminent ris ks to the health or safety of attendees, or (3) the legislative body has previously made that determination. If there is a continuing state of emergency, or if state or local officials have imposed or recommended measures t o promote social distancing, existing law requires a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures. This bill would revise t he authority of a legislative body to hold a teleconference meeting under those abbreviated teleconferencing procedures when a declared state of emergency is in effect. Status: 9/1/2023-Read third time and amended. Ordered to second reading. Client Position: Support Calendar: 9/5/2023 #247 SENATE ASSEMBLY BILLS-SECOND READING FILE, Notes: 4/7/2023 AB: Submitted letter of Support to the ASM. Local Government Committee and added position. 6/1/23: EN submitted letter to Senate Gov Fi Committee, emailed City and delegation. 6/7 /23: EN me too'd in Sen GF. 6/8/23: EN submitted letter to Sen Jud, emailed delegation and governor's office. 6/21/23: EN resubmitted to Sen Jud. 6/27 /23: AS testified in support in Senate Judiciary. SB 537 (Becker) Open meetings: multi jurisdictional, cross-county agencies: teleconferences. (Amended: 8/14/2023) Link The Ralph M. Brown 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 teleco nference 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. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. Current law, until January 1, 2024, authorizes the legislative body of a loca l 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 req uirements (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 physica l location from which the public may attend or comment. Current law, until January 1, 2026, authorizes the legislative body of a local agency to use alternative teleconferencing in certain circumstances related to the particular member if at least a quorum of its members participate from a singular physical location that is open to the public and situated within the agency's jurisdiction and other requirements are met, including restrictions on remote participation by a member of the legislative body. These circumstances include if a member shows "just cause," including for a childcare or caregiving need of a relative that requires the member to participate remotely. This bill would expand the circumstances of "just cause" to apply to the situation Sept. 12, 2023 Item #3 Page 58 of 70 ~!!!!?§ in which an immunocompromised child, parent, grandparent, or other specified relative requires the member to participate remotely. Status: 8/15/2023-Read second time. Ordered to third reading. Calendar: 9/5/2023 #256 ASSEMBLY THIRD READING FILE -SENATE BILLS, Public Safet_y and EMS AB 33 (Bains) Fentanyl Addiction and Overdose Prevention Task Force. (Amended: 9/1/2023) link Would, subject to an appropriation, establish the Fentanyl Addiction and Overdose Prevention Task Force to undertake various duties relating to fentanyl abuse, including, among others, collecting and organizing data on the nature and extent of fentanyl abuse in California and evaluating approaches to increase public awareness of fentanyl abuse. The bill would require the task force to be cochaired by the Attorney General and the Surgeon General, or their designees, and would specify the membership of the task force. Status: 9/1/2023-From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (September 1). Read second time and amended. Ordered returned to second reading. Client Position: Support Calendar: 9/5/2023 #85 SENATE ASSEMBLY BILLS -SECOND READING FILE, Notes: 5/24/23: EN tagged as pending support and sent a combined 3-bill letter to the City for review. 6/12/23: EN followed up with the City on the status of the letter. 7 /5/23: EN tagged as support, submitted to Sen Appropriations, emailed delegation and governor's office. 8/14/23: SG me too'd in Senate Appropriations Committee. AB 40 (Rodriguez) Emergency medical services. (Amended: 9/1/2023) link Would, on or before December 31, 2024, require the Emergency Medica l Services Authority to develop and implement an electronic signature for use between the emergency department medical personnel at a receiving hospital and the transporting emergency medical personnel that captures the points in time when the ambulance arrives at the hospital emergency department bay and when transfer of care is executed for documentation of ambulance patient offload time, as defined. The bill would require every local EMS agency, by July 1, 2024, to develop a standard not to exceed 30 minutes, 90% of the time, for ambulance patient offload time and report the standardized time to the authority. The bill would authorize local EMS agencies to engage stakeholders in developing this standard, as specified. The bill would also require the authority to develop and implement by December 31, 2024, 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 December 31, 2024. Status: 9/1/2023-From committee: Amend, and do pass as amended. (Ayes 6. Noes 1.) (September 1). Read second time and amended. Ordered returned to second reading. Client Position: Support Sept. 12, 2023 Item #3 Page 59 of 70 ~!!!!?§ Calendar: 9/5/2023 #87 SENATE ASSEMBLY BILLS -SECOND READING FILE, Notes: 4/20/23: EN tagged as pending support. 4/20/23 SG: Draft letter of support sent to City 5/8/23: EN submitted to Asm Approps, emailed delegation, and tagged as support. 6/8/23: EN submitted to Sen Health, emailed delegation and governor's office. 7 /12/23: SG me too'd in Sen Health. 8/14/23: SG me too'd in Senate Appropriations Committee. AB 474 (Rodriguez) State Threat Assessment Center: transnational criminal organizations. (Introduced: 2/7/2023) Link Would find and declare that the State Threat Assessment Center (STAC) serves as California's information-sharing clearinghouse of strategic threat analysis and situational awareness reporting for statewide leadership and the public safety community, as specified, and that the STAC is California's state primary fusion center, as designated by the Governor, and is operated by the Department of the California Highway Patrol, the Office of Emergency Services, and the Department of Justice. The bill would make other findings and declarations related to drug trafficking and transnational criminal organizations. Status: 9/1/2023-From committee: Do pass. (Ayes 7. Noes 0.) (September 1). Client Position: Support Calendar: 9/5/2023 #280 SENATE ASSEMBLY BILLS-SECOND READING FILE, Notes: 5/24/23: EN tagged as pending support and sent a combined 3-bill letter to the City for review. 6/12/23: EN followed up with the City on the status of the letter. 7 /5/23: EN tagged as support, submitted to Sen Governmental Organization, emailed delegation and governor's office. 7 /11/23: CS me too'd in Senate Governmental Organization. 8/14/23: SG me too'd in Senate Appropriations Committee. AB 701 (Villapudua) Controlled substances: fentanyl. (Amended: 9/1/2023) Link Current law classifies controlled substances into 5 schedules and places the greatest restrictions and penalties on the use of those substances placed in Schedule I. Current law classifies the drug fentanyl in Schedule II. Existing law prohibits a person from possessing for sale or purchasing for purposes of sa le specified controlled substances, including fentanyl, and provides for imprisonment in a county jail for 2, 3, or 4 years for a violation of this provision. Current law also imposes an additional term, and authorizes a trial court to impose a specified fine, upon a person who is convicted of a violation of, or of a conspiracy to violate, specified provisions of law with respect to a substance containing heroin, cocaine base, and cocaine, if the substance exceeds a specified weight. This bill would add fentanyl to the substances for which additional terms or fines can be imposed and would require a defendant who violates those laws with respect to a substance containing heroin, fentanyl, or cocaine, as specified, to know of the substance's nature or character as a controlled substance to be subjected to an additional term and authorized fine. Status: 9/1/2023-From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (September 1). Read second time and amended. Ordered returned to second reading. Client Position: Support Calendar: 9/5/2023 #150 SENATE ASSEMBLY BILLS-SECOND READING FILE, Sept. 12, 2023 Item #3 Page 60 of 70 ~!!~£§ Notes: 5/24/23: EN tagged as pending support and sent a combined 3-bill letter to the City for review. 6/12/23: EN followed up with the City on the status of the letter. 7 /5/23: EN tagged as support, submitted to Sen Appropriations, emailed delegation and governor's office. 8/14/23: SG me too'd in Senate Appropriations Committee. AB 825 (Bryan) Vehicles: bicycles on sidewalks. (Amended: 8/14/2023) Link Would, until January 1, 2031, and except as specified, prohibit a local authority from prohibiting the operation of a bicycle on a sidewalk adjacent to a highway or corridor that does not include a Class I, Class II, or Class IV bikeway, as defined, and would require the Commissioner of the California Highway Patrol to submit a report to the Legislature regarding the effects of that prohibition. Status: 8/22/2023-Read second time. Ordered to third reading. Calendar: 9/5/2023 #571 SENATE ASSEMBLY BILLS-THIRD READING FILE, AB 1082 (Kalra) Authority to remove vehicles. (Amended: 8/14/2023) 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 instead allow only an agent of public higher educational institutions, including the University of California, California State University, and California Community Colleges, to remove or immobilize a vehicle under those circumstances. The bill would limit the related authority to conduct a lien sale to cover towing and storage expenses to agents of public higher educational institutions, as specified. The bill would make various conforming and technical changes. Status: 9/1/2023-ln committee: Held under submission. 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 Sept. 12, 2023 Item #3 Page 61 of 70 ~!!??§ identification card or driver's license when they are released from a County of San Diego detention facility. Status: 9/1/2023-From committee: Do pass. (Ayes 7. Noes 0.) (September 1). Calendar: 9/5/2023 #327 SENATE ASSEMBLY BILLS-SECOND READING FILE, SB 2 (Portantinol Firearms. (Amended: 6/29/2023) 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 existing 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: 9/1/2023-From committee: Do pass. (Ayes 11. Noes 5.) (September 1). Calendar: 9/5/2023 #4 ASSEMBLY SECOND READING FILE --SENATE BILLS, SB 19 (Seyartol Anti-Fentanyl Abuse Task Force. (Amended: 9/1/2023) Link Would, upon appropriation by the Legislature, establish the Anti-Fentanyl Abuse Task Force to undertake various duties relating to fentanyl abuse including, among others, collecting and organizing data on the nature and extent offentanyl abuse in California and evaluating approaches to increase public awareness offentanyl abuse. The bill would require the task force to be chaired by the Attorney General, or their designee, and would specify the membership of the task force. The bill would require the first meeting of the task force to take place no later than March 1, 2024, and would require the task force to meet at least once every 2 months. The bill would require the task force to report its findings and recommendations to the Attorney General, the Governor, and the Legislature by July 1, 2025. The bill would repeal these provisions on January 1, 2026. Status: 9/1/2023-From committee: Do pass as amended. (Ayes 15. Noes 0.) (September 1). Read second time and amended. Ordered to second reading. Client Position: Support Calendar: 9/5/2023 #118 ASSEMBLY SECOND READING FILE --SENATE BILLS, Sept. 12, 2023 Item #3 Page 62 of 70 ~!!~!§ Notes: 6/13/23: EN tagged as pending support. 6/26/23: EN sent a letter to the City for review. 7 /5/23: EN tagged as support, submitted to Asm Public Safety, emailed delegation and governor's office. 7 /11/23: EN me too'd in Asm PS. SB 4PO (Wahab) Peace officers: confidentiality of records. (Amended: 6/14/2023) Link The California Public Records Act generally requires public records to be open for inspection by the public. Current law provides numerous exceptions to this requirement. Under current law, the personnel records of peace officers and custodial officers are confidential and not subject to public inspection. Current law provides certain exemptions to this confidentiality, including the reports, investigations, and findings of certain incidents involving the use of force by a peace officer. This bill would clarify that this confidentiality does not prohibit an agency that formerly employed a peace officer or custodial officer from disclosing the termination for cause of that officer, as specified. Status: 6/15/2023-Read second time. Ordered to third reading. Calendar: 9/5/2023 #228 ASSEMBLY THIRD READING FILE -SENATE BILLS, Revenue and Taxation ACA 1 (Aguiar-Curry) Local government financing: affordable housing and public infrastructure: voter approval. (Amended: 9/1/2023) Link The California Constitution prohibits the ad valorem tax rate on real property from exceeding 1% of the full cash value of the property, subject to certain exceptions. This measure would create an additional exception to the 1% limit that would authorize a city, county, city and county, or special district to levy an ad valorem tax to service bonded indebtedness incurred to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, including downpayment assistance, or permanent supportive housing, or the acquisition or lease of real property for those purposes, if the proposition proposing that tax is approved by 55% of the voters of the city, county, city and county, or special district, as applicable, and the proposition includes specified accountability requirements. The measure would prohibit a city, county, city and county, or special district from placing a proposition on the ballot pursuant to these provisions if the voters have previously approved a proposition pursuant to these provisions or the below special tax provisions until all funds from the previous proposition are committed to programs and projects listed in the specific local program or ordinance, as described. The measure, subject to certain vote thresholds, would authorize the Legislature to enact laws establishing additional accountability measures and laws for the down payment assistance programs authorized by the measure, as specified. Status: 9/1/2023-From committee: Amend, and be adopted as amended. (Ayes 11. Noes 4.) (September 1). Read second time and amended. Ordered returned to second reading. Calendar: 9/5/2023 #1 ASSEMBLY SECOND READING FILE --ASSEMBLY BILLS, Transportation and Public Works ~B] (Friedman) Transportation: planning: project selection processes. (Amended: 9/1/2023) Link The Transportation Agency is under the supervision of the Secretary of Transportation, who has the power of general supervision over each department within the agency. The secretary, among other Sept. 12, 2023 Item #3 Page 63 of 70 A!!??§ duties, is charged with developing and reporting to the Governor on legislative, budgetary, and administrative programs to accomplish coordinated planning and policy formulation in matters of public interest, including transportation projects. On and after January 1, 2025, and to the extent applicable, feasible, and cost effective, this bill would require the agency, the Department of Transportation, and the California Transportation Commission to incorporate specified goals into program funding guidelines and processes. Status: 9/1/2023-From committee: Amend, and do pass as amended. (Ayes 5. Noes 0.) (September 1). Read second time and amended. Ordered returned to second reading. Calendar: 9/5/2023 #82 SENATE ASSEMBLY BILLS -SECOND READING FILE, AB 334 (Rubio, Blanca) Public contracts: conflicts of interest. (Enrolled: 8/29/2023) Lin!< Current law prohibits members of the Legislature and state, county, district, judicial district, and city officers or employees from being financially interested in any contract made by them in their official capacity, or by any body or board of which they are members. Current law authorizes the Fair Political Practices Commission to commence an administrative or civil action against persons who violate this prohibition, as prescribed, and includes provisions for the collection of penalties after the time for judicial review of a commission order or decision has lapsed, or if all means of judicial review of the order or decision have been exhausted. Current law identifies certain remote interests in contracts that are not subject to this prohibition and other situations in which an official is not deemed to be financially interested in a contract. Existing law makes a willful violation of this prohibition a crime. This bill would establish that an independent contractor, who meets specified requirements, is not an officer for purposes of being subject to the prohibition on being financially interested in a contract. Status: 8/28/2023-Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 0.). AB 965 (Carrillo, Juan) Local government: broadband permit applications. (Amended: 8/30/2023) Linl< The Permit Streamlining Act governs the approval process that a city or county is required to follow when approving, among other things, a permit for construction or reconstruction for a development project for a wireless telecommunications facility and a collocation or siting application for a wireless telecommunications facility. This bill, except as specified, would require a local agency to undertake batch broadband permit processing, as defined, upon receiving 2 or more broadband permit applications for substantially similar broadband project sites submitted at the same time by the same applicant, within a presumptively reasonable time, as defined. The bill would define "local agency'' for these purposes to mean a city, county, city and county, charter city, specia l district, or publicly owned utility, other than certain publicly owned electric utilities. If a local agency does not approve those broadband permit applications for substantially similar broadband project sites and issue permits, or reject the applications and notify the applicants, within the presumptively reasonable time or longer period permitted under applicable law, the bill would require that all of those permits be deemed approved. Status: 8/31/2023-Read second time. Ordered to third reading. Calendar: 9/5/2023 #650 SENATE ASSEMBLY BILLS-THIRD READING FILE, AB 97J (Lee) Vehicles: transit-only traffic lanes. (Amended: 8/17/2023) Link Sept. 12, 2023 Item #3 Page 64 of 70 ~!!!!?§ Current law prohibits a person from operating a motor vehicle, or stopping, parking, or leaving a vehicle standing, on a portion of the highway designated for the exclusive use of public transit buses, subject to specified exceptions. Current law also requires a public transit agency, with the agreement of the agency with jurisdiction over the highway, to place and maintain signs and traffic control devices indicating that a portion of a highway is designated for the exclusive use of public transit buses, as specified. This bill would instead make these provisions applicable to transit-only traffic lanes. The bill would define transit-only traffic lanes as any designated transit-only lane on which use is restricted to mass transit vehicles, or other designated vehicles including t axis and van pools, during posted times. Status: 8/21/2023-Read second time. Ordered to third reading. Calendar: 9/5/2023 #560 SENATE ASSEMBLY BILLS -THIRD READING FILE, SB 381 (Min) Electric bicycles: study. (Amended: 6/19/2023) Link Would require t he Mineta Transportation Institute at San Jose State University, in consultation with relevant stakeholders, to, on or before January 1, 2026, conduct a study on electric bicycles to inform efforts to improve the safety of users of the transportation system, and to submit a report of the findings from the study to the Legislature. The bill would require the study to examine, identify, and analyze available information regarding, among other things, data on injuries, crashes, emergency room visits, and deaths related to bicycles and electric bicycles and best practices for policy to promote safe use of electric bicycles. Status: 9/1/2023-From committee: Do pass. (Ayes 16. Noes 0.) (September 1). Client Position: Support Calendar: 9/5/2023 #42 ASSEMBLY SECOND READING FILE --SENATE BILLS, Notes: 5/8/23 AB: Added tracking form, tagged support and submitted letter to support through the Legislative portal. 5/8/23: EN emailed letter to delegation. 6/6/23: EN submitted t o Asm Transportation and emailed delegation and governor's office. 6/23/23: EN resubmitted to Asm Transportation. SB 538 (Portantino) Department of Transportation: Chief Advisor on Bicycling and ActLv~ 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 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: 9/1/2023-From committee: Do pass. (Ayes 12. Noes 3.) (September 1). Calendar: 9/5/2023 #66 ASSEM BLY SECOND READING FILE --SENATE BILLS, SB 677 (Blakespear) Intercity rail: LOSSAN Rail Corridor. (Amended: 4/17/2023) Link Current law authorizes the Department of Transportation, subject to approval of the Secretary of Transportation, to enter into an interagency transfer agreement under w hich a joint powers board Sept. 12, 2023 Item #3 Page 65 of 70 ~!!!!!§ 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 st ate funds by the secretary to a joint powers board under an interagency transfer agreement based on an annual busi ness 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 the corridor service, an overall operating plan, short-term and long-term capital improvement programs, funding requirements for the upcoming fiscal year, and an action plan with specific performance goals and objectives. This bill would require the LOSSAN Rail Corridor Agency, as part of the annual business plan submitted to the secretary, to include a description of the effects of climate change on the LOSSAN corridor, to identify projects planned to increase climate 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 wou ld impose a state- mandated local program. Status: 9/1/2023-From comm ittee: Do pass. (Ayes 16. Noes 0.) (September 1). Calendar: 9/5/2023 #91 ASSEMBLY SECOND READING FILE --SENATE BILLS, SB 706 (Caballero) Public contracts: progressive design-build: local agencies. (Enrollment: 9/1/2023) Link Current law, until Janu ary 1, 2029, authorizes loca l 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 Serv ices. This bill would, until January 1, 2030, provide additional authority for cities, counties, cities and counties, or special districts to use the progressive design-build process for up to 10 public works in excess of $5,000,000, not limited to water- related projects, excluding projects on state-owned or state-operated facilities. The bill would require information to be provided under penalty of perjury and would require similar reports due no later than December 31, 2028. Status: 9/1/2023-Assembly amendments concurred in. (Ayes 37. Noes 0.) Ordered to engrossing and enrolling. Water and Wastewater AB 305 (Villapudua) 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 the 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. Th e bill would provide for the submission of these provisions to the voters at the November 5, 2024, statewide general election. Status: 6/14/2023-Referred to Corn s. on N.R. & W. and GOV. & F. Sept. 12, 2023 Item #3 Page 66 of 70 ~!!?!!~ AB 399 (Boerner) Water Ratepayers Protections Act of 2023: County Water Authority Act: exclusion of territory: procedure. (Amended: 9/1/2023) Link The County Water Authority Act provides for the formation of county water authorities and grants to those authorities specified powers with regards to providing water service. The act provides 2 methods of excluding territory from any county water authority, one of which is that a public agency whose corporate area as a unit is part of a county water authority may obtain exclus ion of the area by submitting to the electors within the public agency, at any general or special election, the proposition of excluding the public agency's corporate area from the county water authority. Current law requires that, if a majority of the electors approve the proposition, specified actions take place to implement the exclusion. This bill, the Water Ratepayers Protections Act of 2023, would additionally require the public entity to submit the proposition of excluding the public agency's corporate area from the county water authority to the electors within the territory of the county water authority. The bill would require the 2 elections to be separate; however, the bill would authorize both elections to run concurrently. The bill would require the ballot materials to include a fiscal impact statement, as described. Status: 9/1/2023-From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (September 1). Read second time and amended. Ordered returned to second reading. Client Position: Watch Calendar: 9/5/2023 #119 SENATE ASSEMBLY BILLS -SECOND READING FILE, Notes: 7 /10/23: EN tagged as watch. AB 676 (Bennett) Water: general state policy. (Amended: 8/21/2023) Link Would specify that the use of water for domestic purposes includes water use for human consumption, cooking, sanitary purposes, care of household livestock, animals, and gardens, fire suppression and other safety purposes, and a purpose determined to be a domestic purpose as established by the common law. Status: 8/22/2023-Read second time. Ordered to third reading. Calendar: 9/5/2023 #585 SENATE ASSEMBLY BILLS -THIRD READING FILE, AB 1572 (Friedman) Potable water: nonfunctional turf. (Amended: 8/16/2023) 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 reduced 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. Status: 9/1/2023-From committee: Do pass. (Ayes 5. Noes 2.) (September 1). Calendar: 9/5/2023 #75 SENATE ASSEMBLY BILLS -SECOND READING FILE, ACA 2 (Alanis) Public resources: Water and Wildfire Resiliency Act of 2023. (Introduced: 12/5/2022) Link Sept. 12, 2023 Item #3 Page 67 of 70 ~!!!?§ Would establish the Water and Wildfire Resiliency Fund within the State Treasury, and would require the Treasurer to annually transfer an amount equal to 3% of all state revenues that may be appropriated as described from the General Fund to the Water and Wildfire Resiliency Fund. The measure would require the moneys in the fund to be appropriated by the Legislature and would require that 50% of the moneys in the fund be used for water projects, as specified, and that the other 50% of the moneys in the fund be used for forest maintenance and health projects, as specified. Status: 4/20/2023-Referred to Corns. on W., P., & W. and NAT. RES. SB 745 (Cortese) The Drought-Resistant Buildings Act. (Amended: 7/13/2023) Li11k Would require the California Building Standards Commission to research, develop, and propose 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 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: 9/1/2023-From committee: Do pass. (Ayes 13. Noes 3.) (September 1). Calendar: 9/5/2023 #98 ASSEMBLY SECOND READING FILE --SENATE BILLS, Sept. 12, 2023 Item #3 Page 68 of 70 Exhibit 4 1 111111 INSTITUTE l ()R ~ LOCAL GOVERNMENT' Ballot Measure Activities & Public Resources A s important as ballot measures are to policymaking, public agencies and officials face important restrictions and requirements related to ballot measure activities. The basic rule is that public resources may not be used for ballot measure campaign activities. Public resources may be used, however, for informational activities. The key difference between campaign activities and informational activities is that campaign activities support or oppose a ballot measure, while informational activities provide accurate context and facts about a ballot measure to voters. This document summarizes some of the key applications of these principles. The law, however, is not always clear and the stakes are high. Missteps in this area are punishable as both criminal and civil offenses. Always check with agency counsel for guidance on how these rules apply in any specific situation. Public Agency Resources May Be Used To @ Draft and place a measure on the ballot. @ Pay for polling to determine whether to place a measure on the ballot. 0 Prepare and distribute an objective and fact-based analysis on the effect a ballot measure may have on the agency and those the agency serves. 0 Express the agency's views about the effect of the measure on the agency and its programs, provided the agency is exceedingly careful not to advocate for or against the measure's passage. 0 Adopt a position on the measure, as long as that position is taken by the governing body at an open meeting where all voices have the opportunity to be heard. @ Respond to inquiries about the ballot measure in an objective and fact-based manner. Considerations 0 Agency communications about ballot measures should not contain inflammatory language or argumentative rhetoric, or urge any particular vote. 0 Public employees and elected officials may, on their own time and with their own resources, engage in the following activities: » Work on ballot measure campaigns or attend campaign-related events on personal time (for example, evenings, weekends and lunch hours). » Make campaign contributions to ballot measures, using one's own money or campaign funds (while observing campaign reporting rules). » Send and receive campaign related emails or text messages using one's personal (non-agency) account or device. » Personally endorse or oppose a measure. 1 BALLOT MEASURE ACTIVITIES & PUBLIC RESOURCES I APRIL 2022 Sept. 12, 2023 Item #3 Page 69 of 70 1 111!!1 I NSTITUT E Jt)R I.II LOCAL GOVERNMENT Public Officials Should Not !El Engage in campaign activities while on agency time, in uniform, or with agency resources. !El Use agency resources (including office equipment, supplies, staff time, vehicles or public funds) to engage in advocacy-related activities, including producing campaign-type materials or performing campaign tasks. !El Use public funds to pay for campaign-related expenses (for example, television, radio, digital advertising, bumper stickers or signs) or make campaign contributions. !El Use agency devices or email addresses for campaign communication activities. Best Practices @ Inform agency employees and public officials about these legal restrictions, particularly once a ballot measure affecting the agency has qualified for the ballot. @ Include language on informational materials that clarifies that they are for informational purposes only. For example, "these statements shall not be construed in support of or against XX ballot measure." WHEN DO THESE RESTRICTIONS KICK IN? The rules against the use of public resources for campaign activities certainly are triggered once a measure has qualified for the ballot. However, the rules also may apply while a clearly identified measure is in the qualification process. Agencies should always consult with agency counsel regarding the permissibility of specific activities. DISCLOSURE REQUIREMENTS Ballot measure expenditures that cross the line into advocacy are also subject to disclosure (transparency) requirements under California's Political Reform Act (Government Code sections 81000 et seq.). Thank You to Our Partners The Institute for Local Government would like to thank the following partners for their support and contributions to this publication: Best Best & Krieger, LLP Burke Williams & Sorensen, LLP Colantuono, Highsmith & Whatley Hanson Bridgett Kronick Moskovitz Tiedemann & Girard Liebert Cassidy Whitmore Renne Public Law Group Richards Watson & Gershon JLG is the non-profit training and education affiliate of the League of California Cities, California State Association of Counties and the California Special Districts Association which represent 1000s of local agencies across the state. JLG helps local officials and staff navigate the constantly changing landscape of their jobs by offering training, technical assistance, written resources and facilitation services specifically designed for local agencies. From leadership to public engagement to housing and workforce, /LG can help with a wide range of issues. Visit www.ca-ilg.org for more information. © 2022 Institute for Local Government. All rights reserved. 2 BALLOT MEASURE ACTIVITIES & PUBLIC RESOURCES I APRIL 2022 Sept. 12, 2023 Item #3 Page 70 of 70 City of Carlsbad Legislative Subcommittee UpdateSeptember 12, 2023 Renne Public Policy Group │ www.publicpolicygroup.com Sharon Gonsalves, Director of Government Affairs, RPPG 2023 Legislative Calendar Critical Dates to Know •June 15 –Legislature must pass the FY 23-24 Budget •June 30 –Governor must sign the FY 23-24 Budget •July 17-August 11 –Summer Recess •September 14 –Deadline for bills to pass both houses •October 14 –Deadline for Governor to veto or approve bills Renne Public Policy Group │ www.publicpolicygroup.com Brief Update —Ballot Measures Renne Public Policy Group │ www.publicpolicygroup.com Voter Initiatives vs. Legislative Constitutional Amendments Ballot Measure Update Government Transparency Act •This proposed measure would make changes to the California Public Records Act provisions that apply to both state and local agencies. •Submitted by Consumer Watchdog, a nonprofit consumer advocacy group. •Not yet qualified for the ballot. Taxpayer Protection and Government Accountability Act •This measure would amend the California Constitution to change the rules for how state and local governments can impose taxes, fees, and other charges. •Submitted by the California Business Roundtable, a nonprofit business group. •Qualified for the November 2024 ballot. Renne Public Policy Group │ www.publicpolicygroup.com Legislative Update: Government Operations ACA 1 (Aguiar-Curry) Local government financing: affordable housing and public infrastructure: voter approvalThis proposed measure would allow local governments in California to impose or increase taxes to fund infrastructure, affordable housing, and supportive housing projects as long as the measure is approved by 55% of the voters. It would also allow cities, counties, and special districts to exceed the 1% ad valorem tax rate on real property if the measure is approved by 55% of its voters, as well as allow local governments to pay for construction, reconstruction, rehabilitation, and replacement of these projects through bonded indebtedness if the measure is approved by 55% of its voters.City Position: For discussionStatus: Passed Senate Elections 5-2; Senate Appropriations hearing 9/12 Renne Public Policy Group │ www.publicpolicygroup.com Legislative Update: Government Operations ACA 13 (Ward) Voting thresholds This measure would require that an initiative that increases the voter approval requirement to adopt any state or local measure must receive a proportion of votes in favor of the initiative that is equal to or greater than the highest voter approval requirement imposed by the initiative for the adoption of a state or local measure. City Position: For discussion Status: Passed Senate Elections 6-1; Senate Appropriations hearing 9/12 Renne Public Policy Group │ www.publicpolicygroup.com Legislative Update —Positioned Bills and Discussion Items Renne Public Policy Group │ www.publicpolicygroup.com City Sponsored Legislation SB 428 (Blakespear) Employee Harassment •Bill was introduced on February 13, 2023 •Cal Cities, CSAC, Urban Counties, California District Attorneys Association, San Diego Deputy District Attorneys Association, and CACEO are in support •Zero “no” votes cast •Bill is on Assembly Third Reading and amendments taken which added double jointing language with SB 533 (Cortese). Renne Public Policy Group │ www.publicpolicygroup.com Legislative Update: Governor’s Mental Health Package AB 531 (Irwin) The Behavioral Health Infrastructure Bond Act of 2024This bill would, if approved by the voters, authorize the issuance of bonds in the amount of $6.3 billion to be used to finance grants for community-based treatment, care, and housing for people experiencing homelessness, at risk of homelessness, or living with a behavioral health challenge. City Position: SupportStatus: Senate Floor SB 326 (Eggman) The Behavioral Health Services ActThis bill would rename the Mental Health Services Act to the Behavioral Health Services Act, expand its scope to include the treatment of substance use disorders, and revise the distribution of its funds. City Position: SupportStatus: Assembly Floor Renne Public Policy Group │ www.publicpolicygroup.com Legislative Update: Mental Health SB 43 (Eggman) Conservatorships This bill would expand the definition of gravely disabled to included a person’s inability to provide for their needs for nourishment, personal or medical care, or safety due to mental health or substance abuse disorder. City Position: Support Status: Assembly Floor SB 363 (Eggman) Mental Health Database This bill would establish a real time internet-based dashboard to collect and display information about beds in inpatient mental health and drug abuse facilities. City Position: Support Status: Held in Assembly Appropriations Renne Public Policy Group │ www.publicpolicygroup.com Legislative Update: Brown Act/Public Meetings AB 557 (Hart) Open Meetings This bill would eliminate the sunset provision in AB 361 (R. Rivas, 2021)and would extend renewal period from 30 days to 45 days.City Position: Support Status: In Assembly for concurrence in Senate amendments Renne Public Policy Group │ www.publicpolicygroup.com Legislative Update: Government Operations AB 40 (Rodriguez) Emergency Medical ServicesThis bill would establish a statewide standard for ambulance patient offload time and require a protocol to reduce ambulance patient offload time if it exceeds the statewide standard. City Position: SupportStatus: In Assembly for concurrence in Senate amendments AB 1484 (Zbur) Temporary EmployeesThis bill would require temporary employees of cities and counties to be automatically included in the same bargaining unit as permanent employees.City Position: OpposeStatus: Senate Floor Renne Public Policy Group │ www.publicpolicygroup.com Legislative Update: Government Operations AB 1628 (McKinnor) Microfiber filtration This bill would require, on and after January 1, 2029, that all new washing machines sold or offered for sale in California for residential or state use contain a microfiber filtration system, as defined, with a mesh size not greater than 100 micrometers, and bear a label with a specified consumer notice, as provided. City Position: Support Status: Senate Floor Renne Public Policy Group │ www.publicpolicygroup.com Legislative Update: Public Safety AB 33 (Bains) Fentanyl Addiction and Overdose Prevention Task Force This bill would establish the Fentanyl Addiction and Overdose Prevention Task Force to be cochaired by the Attorney General and the Surgeon General.City Position: Support Status: Senate Floor AB 474 (Rodriguez) State Threat Assessment Center: transnational criminal organizations The bill would require the STAC and the Office of Emergency Services to prioritize, to the greatest extent possible, cooperation with state and local efforts to illuminate, disrupt, degrade, and dismantle criminal networks trafficking opioid drugs that pose a threat to California. City Position: Support Status: Senate Floor Renne Public Policy Group │ www.publicpolicygroup.com Legislative Update: Public Safety AB 701 (Villapudua) Controlled substances: fentanyl This bill would increase sentencing requirements for fentanyl, heroin, or cocaine possession or sales, depending on the amount.City Position: Support Status: Senate Floor AB 1207 (Irwin) Cannabis: labeling and advertising This bill would prohibit the sale or manufacture of cannabis or cannabis products that are attractive to children. City Position: SupportStatus: Senate Floor Renne Public Policy Group │ www.publicpolicygroup.com Legislative Update: Public Safety SB 19 (Seyarto) Anti-Fentanyl Abuse Task Force This bill would establish the Anti-Fentanyl Abuse Task Force to undertake various duties relating to fentanyl abuse including, among others, collecting and organizing data on the nature and extent of fentanyl abuse in California and evaluating approaches to increase public awareness of fentanyl abuse. The bill would require the task force to be chaired by the Attorney General. City Position: Support Status: Assembly Floor Renne Public Policy Group │ www.publicpolicygroup.com Legislative Update: Housing and Land Use SB 423 (Wiener) Streamlined Housing Approvals This bill would remove the sunset from SB 35 (Wiener, 2017) and make the law permanent, allowing for a streamlined, ministerial approval of projects in cities that have not met their RHNA goals or adopted a compliant housing element. City Position: Oppose Status: Passed Senate, to Engrossing and Enrolling SB 747 (Caballero) Surplus Lands Act This bill makes numerous changes to the SLA including expanding the definition of exempt property and modifies HCD guidelines. City Position: Support Status: Assembly Floor Renne Public Policy Group │ www.publicpolicygroup.com Legislative Update: Homelessness AB 86 (Jones-Sawyer) Homelessness: Statewide Homelessness Coordinator This bill 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. City Position: Support Status: Held in Senate Appropriations Renne Public Policy Group │ www.publicpolicygroup.com Legislative Update: Transportation AB 825 (Bryan) Vehicles: bicycles on sidewalks This bill would, until January 1, 2031, prohibit a local authority from prohibiting the operation of a bicycle on a sidewalk adjacent to a highway or corridor that does not include a Class I, Class II, or Class IV bikeway.City Position: For discussionStatus: Senate Floor SB 381 (Min) E-bike Safety Study This bill would require the Mineta Transportation Institute at San Jose University to conduct a study on e-bikes to inform and improve safety of riders and pedestrians.City Position: SupportStatus: Assembly Floor AB 530 (Boerner) Electric Bicycles Amended July 13, this bill states the intent of the legislature of create a electric bicycle license program.Status: Assembly Rules Committee; 2 Year Bill Renne Public Policy Group │ www.publicpolicygroup.com Legislative Update: Water AB 399 (Boerner) County Authority Water Act This bill would require a member agency to receive majority vote of the electorate before it can detach from a county water authority. Amended to remove Urgency Clause. City Position: Watch Status: Assembly Unfinished Business Renne Public Policy Group │ www.publicpolicygroup.com Thank You! Renne Public Policy Group │ www.publicpolicygroup.com