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HomeMy WebLinkAbout09 LEGISLATIVE UPDATEMEETING DATE: TO: FROM: SUBJECT: SUMMARY: Agenda Item 9 Reviewed. AGENDA REPORT City Manager Finance Director]eA January 17, 2017 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL JEFFREY C. PARKER, CITY MANAGER LEGISLATIVE UPDATE Staff has prepared a brief summary of California laws most relevant to the City of Tustin or that may be of particular interest in the coming year. These laws went into effect on January 1, 2017. RECOMMENDATION: Receive and file. The following is a list of topics with the relevant page number for reference: I. Public Records Act p. 3 II. Elections p. 4 III. Political Reform Act p. 7 IV. Open Meetings/Brown Act p. 8 V. Electronic Transactions and Information p. 9 VI. Marriage p. 10 VII. American Flag p. 10 VIII. Tobacco/Electronic Cigarettes p. 11 IX. Youth Sports/Head Injuries p. 12 X. Animal Shelters/Animals p. 13 XI. Employment/Human Resources p. 15 XII. PERS/Retirement Systems p. 18 XIII. Municipal Service Agreements for Law Enforcement p. 20 XIV. CEQA p. 21 XV. Energy/Utilities p. 22 XVI. Water Use/Drought p. 23 XVII. Environment p. 25 Legislative Update January 17, 2017 Page 2 XVIII. General Plans p. 25 XIX. Housing/Affordable Housing/Density Bonus/Second Units p. 26 XX. Permit Streamlining Act p. 29 XXII. LAFCO p. 30 XXII. Joint Powers Authorities p. 30 XXIII. Economic Development p. 31 XXIV. Massage Regulation p. 33 XXV. OCFA p. 33 XXVI. Emergency Responses/911 p. 33 XXVII. Drones p. 34 XXVIII. Law Enforcement/Code Enforcement p. 35 XXIX. Transportation Network Companies/Uber p. 37 XXX. Marijuana p. 37 XXXI. Taxation p. 38 XXXII. Parking p. 38 XXXIII. Restrooms p. 39 XXXIV. Public Works/Contracts p. 39 XXXV. Solid Waste Haulers p. 39 XXXVI. Miscellaneous p. 40 Legislative Update January 17, 2017 Page 3 I. PUBLIC RECORDS ACT AB 2843 expands provisions of the California Public Records Act to permit disclosure of public employees' contact information to recognized employee organizations including but not limited to employee cell phone numbers and birthdates. AB 2853 allows a public agency to respond to a request to inspect public records by referring the requesting party to the public agency's website where the public record is posted. However, if the party requesting the information requests a copy due to an inability to access or reproduce the public record from the public agency's website where the record is posted, the public agency must promptly provide a copy of the record to the requesting party. SB 441 adds an exemption to the California Public Records Act. The bill makes any identification number, alphanumeric character, or other unique identifying code used by a public agency to identify a vendor or contractor in the public bidding process or an audit exempt from disclosure. F i I : : 1 11 ' I t_ II 1 '• I I t 1 1 AB 1678 requires state and local law enforcement agencies to provide a copy of all incident reports and incident report face sheets to victims or representatives of the victims (who present specified information) of sexual assault, stalking, human trafficking, and elder or dependent abuse, at no cost, for a period of two years. : t I I I 1 11 1 1 1 I L• 1 1 AB 2263 improves the ability of local agencies to respond to requests for public records without disclosing the changed name or address of a victim of domestic violence, sexual assault, or stalking by standardizing confidentiality protections for Safe at Home program participants regardless of their status as victims, employees, patients, or volunteers at reproductive health care clinics. Legislative Update January 17, 2017 Page 4 H. ELECTIONS AB 278 revises the ballot questions required for a city to convert to district -based elections in the event the city council chooses or is unable to use the ordinance process. Instead of requiring two separate questions on the ballot, the bill eliminates any questions about district maps and instead only requires voters to be asked "Shall members of the legislative body of the City of be elected by (or from) districts? Yes or No." The goal of the measure is to streamline the process to convert to district -based elections, decrease voter confusion, and increase voter participation in the district map drawing process. The measure ensures though that the city council retains full control to draw the district maps but enables the public to submit their own proposals. Should voters reject a ballot measure to convert to district -based elections, the city is still subject to California Voting Rights Act ("CVRA") based litigation. And, if a lawsuit has already been filed, the lawsuit will proceed if voters do not approve the conversion to district - based elections. Existing law provides for local elected officials to be elected either at -large or by districts. Existing law requires a city that changes from an at -large method of election to a district -based election to hold at least two public hearings on a proposal to establish the district boundaries before a public hearing at which the city council votes to approve or defeat the proposal. The CVRA prohibits the use of an at -large method of election in a city if it would impair the ability of a protected class to either (1) elect candidates of its choice, or (2) otherwise influence the outcome of an election. The CVRA provides that a voter who is a member of a protected class may bring an action in superior court to enforce these provisions. AB 350 instead requires a city that changes to, or establishes, district -based elections to hold public hearings before and after drawing a preliminary map or maps of the proposed district boundaries. Before the maps are drawn, a city must hold two public hearings within 30 days for the public to provide input regarding the composition of the districts. After the maps are drafted but before they are approved, a city must then hold two additional public hearings within 45 days to receive public input regarding the district boundaries and how the elections should be staggered. The city can then follow an ordinance process to complete the conversion to district- based elections. AB 350 also creates a safe harbor from. CVRA litigation for a certain number of days. Now, a prospective plaintiff under the CVRA is required to first send a written demand to the city indicating that the method of election used may violate the CVRA. If a city receives a demand letter, it has 45 days of protection from litigation to assess its liability (perhaps hire their Legislative Update January 17, 2017 Page 5 own demographer to conduct an analysis, meet in closed session, etc.) and make a determination whether to contest the demand letter or pass a resolution of intent which allows it an additional 90 day safe harbor period to switch to districts by ordinance. In total, AB 350 creates a safe harbor for up to 135 days to permit the city to take ameliorative steps to correct the alleged violation before the prospective plaintiff commences litigation. If a city is complying with the provisions AB 350, it is safe harbored from litigation throughout the public hearing and ordinance process. This means the city will have up to 135 days to act if a demand letter is received by the city. Importantly, cities still have full local control. A city can also be proactive and voluntarily switch to district -based elections without receiving a formal demand letter. To do so, the city would pass a resolution of intent to switch to districts. From that point, the city would have a 90 day safe harbor period, free from litigation, to comply with the provisions of AB 350 and complete the ordinance process. Currently, the CVRA provides generous recovery for attorney's fees. Consequently, cities have incurred extremely high legal costs in response to CVRA lawsuits. AB 350 establishes a hard cap of financial liability for cities at $30,000, regardless of the number of plaintiffs involved. Moreover, each plaintiff must show financial documentation that they in fact incurred costs. While a city can avoid any cost if it proactively switches to districts, if a city takes advantage of the AB 350 process, its liability is limited to $30,000. AB 2220 (Cooler). Elections in Cities By or From Districts, AB 2220 authorizes all cities to adopt an ordinance that requires its members to be elected by district without being required to submit the ordinance to the voters for approval. This bill removes the previous population threshold. Despite the change, charter cities may be required to pass a charter amendment to change its election method by ordinance. AB 1921 (Gonzalez). Elections. Vote by Mail Ballots. AB 1921 removes restrictions on a third person returning vote by mail ballots. Instead, voters are now allowed to designate any person to return their vote by mail ballot. The bill also prohibits a person designated to return a vote by mail ballot from receiving any form of compensation based on the number of ballots returned. 1111 11 t t t AB 2010 authorizes a city council to permit a candidate for nonpartisan elective office in the city to prepare a written statement for electronic distribution if the elections official who is conducting the election permits electronic distribution of a candidate's statement. This bill requires the statement to be posted on the website of the elections official, permits the statement to be included in a voter's pamphlet that is electronically distributed but prohibits the statement from being included in a voter's pamphlet that is printed and mailed to voters. This bill requires the elections official to provide a Spanish translation to those candidates who wish to have one. Legislative Update January 17, 2017 Page b This bill also requires the notice in the heading of the first page of the voter's pamphlet, in certain circumstances, to specify that additional statements are available on the election official's website. Due to the cost to produce, print, and mail the voter's pamphlet and sample ballot, in accordance with Elections Code section 13307(a) and (c), each candidate for nonpartisan elective office in the city must submit an additional candidate statement to be included in the printed and mailed voter's pamphlet. Existing law generally permits the public to observe the election process. AB 2021 allows an international election observer to be provided uniform and nondiscriminatory access to all stages of the election process that are open to the public. However, AB 2021 prohibits an international election observer from interfering with a voter in the preparation or casting of the voter's ballot, with a precinct board member of an elections official in the performance of his or her duties, or with the orderly conduct of an election. Kv I i -726M I -T-11 r Existing law requires that all vote by mail ballots be received by the proper elections official no later than the close of the polls on election day. Existing law also provides that a vote by mail ballot is timely cast if it is received by the voter's election official via the United States Postal Service or a bona fide private mail delivery company no later than three days after election day if a specified requirement is met. AB 2071 further defines "bona fide private mail delivery company" to mean a courier service that is in the regular business of accepting a mail item, package, or parcel for the purpose of delivery to the address specified on the item. SB 1108 authorizes a general law city to establish a commission, composed of residents of the city, to either change the boundaries of council districts or recommend the city council change the boundaries of council districts after each decennial federal census. SB 1108 also requires any such commission to include in its report to the city council its findings on the need for changes to the council district boundaries. If the commission is authorized to independently change council district boundaries, SB 1108 prohibits a person or family member of a person who engaged in specified activities including but not limited to holding office within the jurisdiction or serving as a staff person to an elected official, during the preceding eight years from serving on the commission. Legislative Update January 17, 2017 Page 7 III. POLITICAL REFORM ACT SB 1107 permits a city to establish a public campaign financing program from which a public officer or candidate may expend or accept public money for the purpose of seeking elective office. The Political Reform Act of 1974, provides that campaign funds under the control of a former candidate or elected officer are considered surplus campaign funds at a prescribed time, and it prohibits the use of surplus campaign funds except for specified purposes. SB 1107 prohibits an officeholder who is convicted of a felony involving bribery, embezzlement of public money, extortion or theft of public money, perjury, or conspiracy to commit any of those crimes from using funds held as surplus campaign funds for purposes other than to pay outstanding campaign debts or expenses and returning contributions. SB 1107 requires the officeholder to forfeit any remaining funds held six months after the conviction is final to the general fund. Legislative Update January 17, 2017 Page 8 IV. OPEN MEETINGSBROWN ACT The Ralph M. Brown Act requires a city to provide an opportunity for members of the public to directly address a local agency body concerning any item described in a notice of meeting. The act authorizes the legislative body to adopt reasonable regulations limiting the total amount of time allocated for public testimony for each individual speaker. If a local agency body limits the time for public comment, AB 1787 requires the same body to provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non-English speakers receive the same opportunity for public comment. No extra time is required if simultaneous translation equipment is used to allow the local agency body to hear the translated public testimony simultaneously. AB 2257 takes effect January 1, 2019, and requires all agencies that maintain a website to post the agenda for any meeting of any legislative body of a city, county, city and county, special district, school district, or political subdivision online on the agency's website. The agenda must be accessible on the agency's primary homepage via a prominent, direct link. SB 1436 (Bates). Local Agency Meetings, Local Ageev Executive Compensation. Oral Report. The Brown Act authorizes a legislative body to hold a closed session to consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee, but generally prohibits the closed session from including discussion or action on proposed compensation. Existing law also prohibits the legislative body from calling a special meeting regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive. SB 1436 requires a city council to orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive during the open meeting in which the final action is taken. Legislative Update January 17, 2017 Page 9 V. ELECTRONIC TRANSACTIONS AND INFORMATION. AB 2296 (Low). Digital Signatures. AB 2296 clarifies the intent of the Legislature to allow a digital signature to satisfy the requirements of an electronic signature under the Uniform Electronic Transactions Act. AB 2296 provides that an electronic signature includes a digital signature and that a digital signature under those provisions is a type of an electronic signature as set forth in the Uniform Electronic Transaction Act. AB 2296 also specifies that when a public entity elects to use a digital signature, as long as the digital signature meets specified requirements, it has the same force and effect of a manual signature in any communication with the public entity. AB 2828 (Chau). Personal Information. Privacy Breach, AB 2828 expands existing law pertaining to potential or actual breaches of privacy of personal information to require any agency that owns or licenses computerized data that includes personal information to disclose a breach of the security of the data to a resident of California whose encrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person and the encryption key or security credential was, or is reasonably believed to have been, acquired by an unauthorized person when the agency has a reasonable belief that the encryption key or security credential could render that personal information readable or useable. Legislative Update January 17, 2017 Page 10 VI. MARRIAGE AB 2761 (Low), Marriage. AB 2761 modifies existing law pertaining to the authority to solemnize a marriage within California. Currently, county supervisors, city clerks, and elected mayors may obtain and review from the county clerk all available instructions for marriage solemnization before the county supervisor, city clerk, or mayor first solemnizes a marriage. AB 2761 allows current and former elected officials of a city, county, or city and county, to solemnize a marriage. AB 2761 removes the requirement that county supervisors, city clerks, and elected mayors obtain and review all available instructions for marriage solemnization before first solemnizing a marriage. AB 2761 also prohibits elected officials and city clerks from accepting compensation for solemnizing a marriage. And, any otherwise qualified official or former official is prohibited from solemnizing a marriage if they have been removed from office due to committing an offense or have been convicted of a crime that involves moral turpitude, dishonesty, or fraud. SB 1005 (Jackson). Marriage. SB 1005 replaces all references to "husband" or "wife" found in California Codes to "spouse." SB 1005 defines "spouse" to include "registered domestic partner." VII. AMERICAN FLAG ACR 95 is a resolution by the Assembly declaring that the American flag is an inseparable part of California's rich history, tradition, and culture, that the flag represents the values of freedom and liberty, and calling upon local governments to prohibit any government entity in the state from banning the American flag from public property. SB 1012 (Nguyen). Flags. Purchase. SB 1012 requires all United States and California flags purchased by state or local governments to be made in the United States beginning January 1, 2017. Legislative Update January 17, 2017 Page 11 VIII. TOBACCO/ELECTRONIC CIGARETTES SB 977 prohibits a person located in the same park or facility where a youth sports event is taking place from using any tobacco product within 250 feet of the youth sports event. A violation of SB 977 is punishable as an infraction, by a fine of $250 for each violation. SB 977 also makes the use of tobacco on private property subject to those prohibitions. However, SB 977 does not preempt the authority of any local agency to regulate the use of tobacco products around a youth sports event. Therefore, a city may enforce an ordinance pertaining to the use of a tobacco product near a youth sports event adopted prior to January 1, 2017, or may adopt an ordinance more restrictive than SB 977 after January 1, 2017. SBX2 5 expands the definition of "tobacco product" in all current law to include electronic cigarettes. SBX2 5 also extends current restrictions against the use of tobacco products, extends licensing requirements for manufacturers, importers, distributors, wholesalers, and retailers of tobacco products. And, SBX2 5 requires electronic cigarette cartridges to be child resistant. SBX2 7 raises the minimum legal age to purchase or consume tobacco from 18 to 21. It also makes the same change to restrictions on distributors and retailers who sell to minors and enforcement directives issued to the State Department of Public Health. SBX2 makes the civil and criminal penalties inapplicable if the person purchasing or receiving tobacco products is active duty military personnel, 18 years of age or older, with a valid military identification card. Legislative Update January 17, 2017 Page 12 IX. YOUTH SPORTS/HEAD INJURIES. AB 2007 requires local governmental agencies that sponsor or conduct amateur sports competitions, training, camps, or clubs in which minors participate in any of 27 designated sports to immediately remove an athlete from an athletic activity for the remainder of the day if the athlete is suspected of sustaining a concussion or head injury. The bill prohibits the athlete from returning to the athletic activity until the athlete is evaluated by a licensed health care provider. AB 2007 also requires the local governmental agency to notify the parents or guardians of athletes suspected of sustaining a concussion or head injury. Local agencies must also offer concussion and head injury education, or related educational materials, or both, to each of their coaches and administrators for youth sports programs on a yearly basis. These materials must include at a minimum: (1) Information relating to head injuries and their potential consequences; (2) the signs and symptoms of a concussion; (3) best practices for removal of an athlete from an athletic activity after a suspected concussion; and (4) steps for returning an athlete to school and athletic activity after a concussion or head injury. The NCAA has developed educational materials regarding concussions that may be accessed at www.NCAA.org/health-safetX. Additionally, the Center for Disease Control has similar information provided at www.CDC.P,ov/concussion. Finally, AB 2007 requires a city hosting or sponsoring youth sports organizations to identify procedures for ensuring compliance with AB 2007. Legislative Update January 17, 2017 Page 13 X. ANIMAL SHELTERS/ANIMALS FA-a"t.u. ,1 1 I I Q I �� _ 2 l 131 �' I I 41mown,ill 1 1 1 AB 2269 applies to private and public animal shelters that provide dead animals to biological supply facilities or research facilities for research purposes or to supply blood, tissue, or other biological products. AB 2269 requires any such shelter to post a statement to this effect and include the same on owner surrender forms for euthanized animals. AB 2269 prohibits an animal shelter entity or other person that accepts animals from the public or takes in stray or unwanted animals from selling, giving, or otherwise transferring a living animal to a research facility, animal dealer, or other person for the purpose of research, experimentation, or testing. Research facilities, animal dealers, and any other person are prohibited from procuring, purchasing, receiving, accepting, or using a living animal for the purpose of research, experimentation, or testing if that animal is transferred from, or received from, an animal shelter or other person that takes in stray or unwanted animals. Finally, AB 2269 prohibits an animal shelter from euthanizing an animal for the purpose of transferring the carcass to a research facility or animal dealer. A violation of these provisions is subject to a civil penalty of $1,000. AB 1825 (Gordon). Vicious Dogs. Food and Agricultural Code sections 31601 through 31683 regulate potentially dangerous and vicious dogs. AB 1825 modifies the definition of "vicious dogs" in section 31603 to exclude dogs seized pursuant to specified animal cruelty laws. This includes but is not limited to dogs seized under criminal laws prohibiting dog -fighting whose owner has been convicted of a crime related to dog -fighting. If this definition is currently included in the Municipal Code it should be removed. AB 2505 (Ouirk). Animals. Euthanasia. AB 2505 prohibits the use of carbon dioxide to euthanize a dog or cat. SB 945 establishes procedures for the care and maintenance of pets boarded at a pet boarding facility, including, but not limited to, sanitation, provision of enrichment for the pet, health of the pet, and safety. Health and Safety Code Chapter 11, commencing with Section 122380, describes requirements pertaining to animal enclosures, feeding, enrichment activities, monitoring, and preventative health care for pet boarding facilities. SB 945 specifically authorizes a city to adopt ordinances that establish additional standards and requirements for a pet boarding facility. SB 945 requires an animal control officer, a humane officer, or a peace officer who detects a violation by a pet boarding facility operator to issue a notice to correct. If the pet Legislative Update January 17, 2017 Page 14 boarding facility operator complies with the notice to correct, he or she would not be subject to an infraction. However, an operator that causes or allows harm to an animal or allows an animal to be subject to an unreasonable risk of harm is guilty of a misdemeanor. SB 945 makes a violation of these provisions an infraction punishable by a fine not to exceed $250 for the first violation and not to exceed $1,000 for each subsequent violation. Legislative Update January 17, 2017 Page 15 X1. EMPLOYMENT/HUMAN RESOURCES AB 1661 (McCartvl. Local Government, Sexual Harassment Prevention Training and Education. Currently, all local agency officials must receive training in ethics, at specified intervals, if the local agency provides any type of compensation, salary, or stipend to those officials. Cities must also provide at least two hours of training and education regarding sexual harassment to all supervisory employees. AB 1661 requires all local agency officials to also receive two hours of sexual harassment prevention training and education if the local agency provides any type of compensation, salary, or stipend to those officials. The two-hour training is required to occur within six months of the local agency official taking office and every two years thereafter. Since AB 1661 takes effect January 1, 2017, this training should occur within six months of January 1, 2017, for all officials, whether the official is an incumbent or is first taking office. "Local agency official" is defined as any member of a local agency legislative body and any elected local agency official. Because of the broad application and overriding purpose of the bill, "local agency official" includes not only members of the Board or Council of the local agency but also members of subcommittees or commissions that have any legislative responsibility, including appointed planning commission members who receive a stipend. Additionally, a city is required to provide written notice to local agency officials of training resources they can utilize before assuming office and at least every two years thereafter. A city is required to maintain records of all training provided by the city and/or received by a local agency official for five years. For cities that have officials appointed to their boards by other local agencies, those officials should receive their training through their representative agency (e.g. city or county). The city should request certification from the representative agency that shows compliance with AB 1661 for any such officials. If appointed officials do not receive training from their representative agency, the city should arrange for training to ensure compliance with AB 1661. Additionally, a city may require employees to receive sexual harassment prevention training or information. A city that develops curricula to satisfy this requirement must consult with its city attorney regarding the sufficiency and accuracy of that proposed training and education materials. AB 1676 confirms that an employer may not use a prior salary to justify paying an employee a lesser wage than wages paid to employees of the opposite sex for equal work under similar working conditions. Legislative Update January 17, 2017 Page 16 AB 1847 (Stone). Earned Income Tax Credit Information Act. California Earned Income Tax Credit. AB 1847 expands the Earned Income Tax Credit Information Act to require employers to notify employees that they may be eligible for both the Federal Earned Income Tax Credit and the California Earned Income Tax Credit under the same conditions. AB 2337 (Burke), Employment Protections. Victims of Domestic Violence. Sexual Assault. or Stalking= AB 2337 requires the Labor Commission to develop a form, prior to July 1, 2017, an employer may use to inform newly hired employees and existing employees of their right to take time off from work without discrimination to address domestic violence, sexual assault, or stalking. Once the form is posted on the Labor Commission's website, all employers must inform each employee of this right at the time an employee is hired or upon request. U . i l MOVi ♦ , SB,3 steadily increases the state minimum wage from $10 per hour in 2016 to $15 per hour for employers with 26 or more employees on January 1, 2022, and $15 per hour for employers with 25 or fewer employees in 2023. The scheduled increases detailed in the chart below preempt local minimum wage ordinances if the ordinance rate is lower than the state rate. The increases may be temporarily suspended by the Governor should the state general budget experience a shortfall. Following the last increase, the State Director of Finance must annually adjust the minimum wage in accordance with a specified formula. 26 or more employees 25 or fewer employees 2017 $10.50 $10 2018 $11 $10.50 2019 $12 $11 2020 $13 $12 2021 $14 $13 2022 $15 $14 2023 Adjusted by Dir. of Finance $15 Legislative Update January 17, 2017 Page 17 SB 1001 (Mitchelll. Emglovment. Unfair Practices, SB 1001 makes it unlawful to request additional or different documents than those required under federal law to verify work -eligibility status of applicants. It is also unlawful to refuse to honor documents that appear genuine on their face or based on a specific status or term that accompanies the authorization. SB 1001 prohibits employers from re -investigating or re- verifying incumbent employee's work authorization using unfair immigration -related practice. SB 1063 expands the Equal Pay Act to prohibit an employer from paying any of its employees at wage rates less than the rates paid to employees of another race or ethnicity for substantially similar work performed under similar working conditions. To promote honest pay for fair work, SB 1342 authorizes a city council to delegate its authority to issue subpoenas and to report noncompliance with a subpoena to the judge of the superior court of the county, to a county or city official or department head in order to enforce any local law or ordinance, including local wage laws. Legislative Update January 17, 2017 Page 18 XII. PERS/RETIREMENT SYSTEMS I . Wn01 In 917, 1 nl=w "'• I • �t • : A AB 2028 requires a member of the California Public Employees' Retirement System ("PERS") to be reinstated, without regard to retirement status, if the member was involuntarily terminated on or after January 1, 2017, and subsequently reinstated pursuant to an administrative, arbitral, or judicial proceeding. AB 2028 requires contributions to be made for any period for which salary is awarded in the proceeding and would provide the member with service credit for that period and reinstatement of benefits effective as of the date from which salary is awarded Existing law allows a PERS member to elect one of several optional settlements to structure his or her retirement allowance, which may result in a reduction of the allowance paid to the member in relation to the payments to his or her beneficiary after the member's death. AB 2404 limits the application of the optional settlements to PERS members who retire on or before December 31, 2017. For members who retire on or after January 1, 2018, AB 2404 eliminates and/or revises the optional retirement settlements. PERS members have the right to receive credit for service for a period of absence due to military service. Members' employers are required to contribute both the employee and employer contributions for that period. SB 294 requires the Board of Administration of PERS to provide a separate and unique form to be used by a member to receive credit for his or her military service. The form must state that the member has no obligation to pay for any portion of the employer contribution if eligible. SB 294 requires employers to both provide the member with that form and inform the member of his or her rights to receive that credit with employer -paid contributions within 30 days of the member's return to service. SB 294 requires employers to inform employees at the time of hire of his or her right to purchase service credit for active service in the Armed Forces of the United States, prior to the person's first employment with that employer or entrance into the retirement system. Formulas. The Joint Exercise of Powers Act generally authorizes two or more public agencies, by agreement, to jointly exercise any common power, which may include hiring employees and establishing retirement systems. Legislative Update January 17, 2017 Page 19 SB 1203 authorizes a JPA formed on or after January 1, 2013, to offer defined benefit plans or formulas that are not PEPRA plans provided that the employee received the plan prior to the creation of the authority, the employees are not new members under PEPRA, and they are employed by the authority within 180 days. Legislative Update January 17, 2017 Page 20 XIII. MUNICIPAL SERVICE AGREEMENTS FOR LAW ENFORCEMENT SB 1360 (Bates), Local Government, Municilial Sen4ce Agreements, Law Enforcement ServioL Currently, a city may contract with any other local agency for the performance of municipal services or functions within the city. Any agreement entered into pursuant to this authorization must be for valuable consideration. SB 1360 requires a city that provides law enforcement services to another city pursuant to a contract or any other agreement to charge the city receiving services all the costs that are incurred in providing those law enforcement services. However, SB 1360 prohibits the city providing the services from including any costs reasonably determined as general overhead costs. Any determination of general overhead costs is subject to judicial review as to the reasonableness of that determination. Legislative Update January 17, 2017 Page 21 XIV. CEQA SB 122 (Jackson). California Environmental Quality Act, The California Environmental Quality Act (CEQA) requires a lead agency to prepare and certify the completion of an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. SB 122 requires the lead agency, at the request of a project applicant and consent of the lead agency, to prepare a record of proceedings concurrently with the preparation of a negative declaration, mitigated negative declaration, EIR, or other environmental document for projects. SB 122 also requires the Governor's Office of Planning and Research to establish and maintain a database for the collection, storage, retrieval, and dissemination of environmental documents and notices prepared pursuant to CEQA and to make the database available online to the public. SB 734 (Galgiani). Environmental Quality. Jobs and Economic Improvement Through Environmental Leadership Act of 2011. SB 734 extends the Jobs and Economic Improvement Through Environmental Leadership Act of 2011 until January 1, 2018, to allow the Governor to certify projects that meet certain requirements, including that the project creates high -wage, highly skilled jobs that pay prevailing wages and living wages, to streamlining benefits provided by that act. If a lead agency fails to approve a project certified by the Governor before January 1, 2019, then the certification expires and is no longer valid. If a project is certified by the Governor, SB 734 requires contractors and subcontractors to pay all construction workers involved at least the general prevailing rate of per diem wages. SB 1262 (Pavlev). Water SugRly Planning. Currently, if a project is subject to CEQA, a city must identify certain water systems that may supply water for the project and request those public water systems to prepare and approve a specified water supply assessment. If no public water system is identified, the city must prepare and approve the water supply assessment. Should the public water system or city conclude that its water supplies are, or will be, insufficient, the public water system must provide plans to acquire additional water supplies. SB 1262 requires a city to also identify any water system whose service area includes the project site and any water system adjacent to the project site. Hauled water is not a source of water for the purposes of a water supply assessment. SB 1262 also revises requirements that new developments must meet in order to demonstrate that the water supply is sufficient and must include additional factors to take into account reliance on groundwater. Legislative Update January 17, 2017 Page 22 XV. ENERGY/UTILITIES AB 1773 (Obernolte). Local Government Renewable Energy Self -Generation Program. AB 1773 extends the Renewable Energy Self -Generation Bill Credit Transfer Program to allow JPAs located within the same county and electrical corporation service territory to participate in the Program. This means JPAs may receive a credit for electricity exported to the electrical grid by an eligible renewable generating facility. SB 1207 (I3ueso). Energy. Conservation. Financial Assistance. The Energy Conservation Assistance Account (ECAA) provides loans to local governments for energy efficiency improvements. SB 1207 extends the sunset date of the ECAA lending program from January 1, 2018, to January 1, 2028. SB 1422 (Glazer). Public Utilities and Other Service Suppliers. Collection of Local Taxes. Existing law requires a public utility and other service providers to bill customers for various taxes imposed by a public entity and remit the revenue to the public entity. SB 1422 includes cable service providers as an "other service provider" and limits liability for a cable service provider collecting a utility user tax imposed improperly by a local agency. Legislative Update January 17, 2017 Page 23 XVL WATER USE/DROUGHT SB 7 takes effect January 1, 2018, and requires individual water meters, or submeters, be installed on all new multifamily residential units or mixed commercial and multifamily residential units. SB 7 also requires landlords may only bill tenants for volumetric water usage. �3.I. 33I V 11MR� � "TM WM' PM' 0AYUM. I 1 , : r, VI 0 , SB 814 prohibits excessive water use by a residential customer in a single-family residence or a multi -unit housing complex during prescribed drought periods. Each urban retail water supplier must establish a method to identify and discourage excessive water use. Approved methods include a rate structure with block tiers, water budgets, or rate surcharges over and above base rates for excessive water use by residential customers. SB 1262 (Pavley , Water SuBkly Planning, Currently, if a project is subject to CEQA, a city must identify certain water systems that may supply water for the project and request those public water systems to prepare and approve a specified water supply assessment. If no public water system is identified, the city must prepare and approve the water supply assessment. Should the public water system or city conclude that its water supplies are, or will be, insufficient, the public water system must provide plans to acquire additional water supplies. SB 1262 requires a city to also identify any water system whose service area includes the project site and any water system adjacent to the project site. Hauled water is not a source of water for the purposes of a water supply assessment. SB 1262 also revises requirements that new developments must meet in order to demonstrate that the water supply is sufficient and must include additional factors to take into account reliance on groundwater. SB 1398 requires a public water system to compile an inventory of known lead user service lines in use in its distribution system by July 1, 2018. After completing the inventory, the public water system must provide a timeline for replacement of known lead user service lines to the State Water Resources Control Board. A public water system with areas that may have lead user service lines in use must determine the existence or absence of lead user service lines by July 1, 2020. If necessary, it must then provide a timeline for replacement of these user service lines to be approved by the State Water Resources Control Board. Legislative Update January 17, 2017 Page 24 AB 2594 permits a public entity that captures stormwater from urban areas before the water reaches a natural channel in accordance with a stormwater resource plan, to use the captured water to the extent that the water augments existing water supplies. Legislative Update January 17, 2017 Page 25 XVII. ENVIRONMENT 1411 11 11_ on -in 1 1 ll' 1 AB 2616 requires one of the members of the California Coastal Commission appointed by the Governor to reside in, and work directly with, communities in the state that are disproportionately burdened by, and vulnerable to, high levels of pollution and issues of environmental justice. The qualified member must be appointed to a vacant position no later than the fourth appointment available after January 1, 2017. F.111 1 1 .11116WIRN41411 AB 2651 amends the Greenway Development and Sustainment Act by expanding the definition of greenway easement to include easements for the purpose of preserving greenways adjacent to urban waterways. AB 2651 also requires that greenways reflect design standards consistent with plans and facilities for controlling the floodwater of rivers and tributaries. Finally, AB 2651 requires greenways be included in the land use element of a general plan rather than in the open -space element. \ SB 820 (Hertzberg). Hazardous Materials, The California Land Reuse and Revitalization Act of 2004 provides that an innocent landowner, bona fide purchaser, or contiguous property owner qualifies for immunity from liability from certain state statutory and common laws for pollution conditions caused by a release or threatened release of a hazardous material if specified conditions are met, including entering into an agreement for a specified site assessment and response plan. Liability protection is provided to encourage clean-up of waste and revitalization of Brownfields. SB 820 extends the sunset date of the California Land Reuse and Revitalization Act from January 1, 2017, to January 1, 2027 XVIII. GENERAL PLANS SB 1000 requires cities to add an environmental justice element to the general plan, or provide related goals, policies, and objectives integrated in other elements, to identify disadvantaged communities if such an area or areas exist within the city. The environmental justice element must identify objectives and policies to reduce the unique or compounded health risks in disadvantaged communities, identify objectives and policies to promote civil engagement in the public decision-making process and identify objectives and policies that prioritize improvements and programs that address the needs of disadvantaged communities. The additional element or related goals, policies, and objectives must be adopted or reviewed upon the adoption or next revision of two or more elements concurrently on or after January 1, 2018. Legislative Update January 17, 2017 Page 26 XIX. HOUSING/AFFORDABLE HOUSING/DENSITY BONUS/SECOND UNITS AB 2299 (Bloom) and SB 1069 (Wieckowski). Land Use. Housing 2"d Units. Zoning. AB 2299 and SB 1069 are companion affordable housing bills adopted to ease and streamline current regulations for second units, now termed Accessory Dwelling Units (ADUs). The bills modify Government Code sections 65852.150 and 65852.2 primarily and take effect January 1, 2017. At that time,, local governments which regulate ADUs must adopt or amend existing ordinances to incorporate specific, state -mandated regulations. In general, these specifications further relax zoning restrictions, require ministerial approvals instead of discretionary review for all ADUs, prohibit local requirements for passageways, increase the permissible size of units, and eliminate some parking and setback requirements. It is important to note, neither bill mandates that a local agency adopt an ordinance providing for accessory dwelling units. However, all cities with existing regulations for second units or ADUs must amend existing ordinances to comply with the changes to the Government Code. If a local agency does not amend its existing ordinance to incorporate the revised standards by January 1, 2017, its existing ordinance will be null and void until a new ordinance is adopted. However, if a city does not adopt an ordinance regulating ADUs it must still follow the regulations provided in the Government Code should it receive an application to permit an ADU. AB 2406 authorizes local agencies to provide for the creation of junior accessory dwelling units within single-family residential zones by ordinance. The bill took effect September 28, 2016, and requires any such ordinance to include, among other things, standards for the creation of a junior accessory dwelling unit, required deed restrictions, and occupancy requirements. AB 2406 allows a local agency to require a permit for the creation of a junior accessory unit within an existing single-family dwelling but prohibits an ordinance from requiring additional parking requirements. The Housing Accountability Act prohibits a local agency from disapproving a housing development project for very low, low, or moderate -income households or an emergency shelter or conditioning approval in a manner that renders the project infeasible unless the local agency makes specified written findings. The Act authorizes an applicant or person who would be eligible to apply for residency in the development or emergency shelter to bring an action to enforce the act. AB 2584 additionally authorizes a housing organization to bring an action challenging the disapproval of a housing development. A housing organization is defined as "a trade or industry group whose local members are primarily engaged in the construction or management of housing units or a nonprofit organization whose mission includes providing or advocating f o r Legislative Update January 17, 2017 Page 27 increased access to housing for low-income households and have filed written or oral comments with the local agency prior to action on the project." AB 1934 (Santiago). Planning and Zoning, Development Bonuses, Mixed -Use Projects, AB 1934 requires a city to provide a development bonus when a commercial developer enters into an agreement with a housing developer for partnered housing to contribute affordable housing through a joint project or two separate projects encompassing affordable housing. To be eligible, the project must be located within one-half mile of a major transit stop and close to public amenities such as schools and employment centers. AB 1934 sunsets on January 1, 2022. AB 2208 (Santiago). Local Planning, Housing Element. Inventory of Land for Residential Develo ment. AB 2208 revises the definition of land suitable for residential development as it relates to the Housing Element, to include the airspace above sites owned or leased by a city or county. AB 2442 (Holden). Density Bonuses. Planning and Zoning Law requires a city provide a developer proposing a housing development with a density bonus and other incentives or concessions for the production of lower income housing units or for the donation of land within the development if the developer, among other things, agrees to construct a specified percentage of units for very low, low, or moderate -income households or qualifying residents. AB 2442 additionally requires a density bonus be provided to a developer that agrees to construct a housing development that includes at least 10% of the total units for transitional foster youth, disabled veterans, or homeless persons. These units shall be subject to a recorded affordability restriction of 55 years and be provided at the same affordability level as very low- income units. The bill would set the density bonus at 20% of the number of these units. AB 2501 amends the density bonus law to require local governments to adopt procedures and timelines for processing a density bonus application, provide a list of documents and information required to be submitted with the application in order for it to be deemed complete, and notify the applicant whether it is complete. AB 2501 adds "mixed use developments" to the definition of housing development. The bill also defines "density bonus" to mean a density increase over the maximum allowable gross residential density at the time of the date of the application, or, if elected by the applicant, a lesser percentage of density increase or no increase in density. And, AB 2501 adds authority for a local agency to deny a concession or incentive if it does not result in identifiable and actual cost reductions. Legislative Update January 17, 2017 Page 28 All 2556 (Kazarian). Density Bonuses, AB 2556 creates a method to determine the number and type of affordable housing units necessary to be eligible for a density bonus for projects where a new development is replacing affordable housing units. AB 2556 also requires the affordable housing units be replaced in compliance with the local agency's rent or price control ordinance if applicable. Cities must adopt a comprehensive, long-term general plan for the physical development of the city and of any land outside its boundaries that bears relation to its planning. The general plan must contain specified mandatory elements, including a housing element for the preservation, improvement, and development of housing. AB 2685 requires the planning agency staff to collect and compile public comments and provide them to each member of the city council prior to the adoption of the housing element. AB 723 (Chiu). Housing. Finance, AB 723 expands eligibility requirements for loans awarded by the California Housing and Finance Agency (Ca1HFA) and Community Development Block Grant (CDBG) Funds via the state Department of Housing and Community Development (HCD). AB 723 authorizes HCD to issue a Notice of Funding Availability under which the director could determine that an applicant previously awarded funds is eligible for additional funds pursuant to the CDBG Program, without regard to whether the applicant has expended at least 50% of funds previously awarded. AB 723 also expands eligibility requirements for Ca1HFA funds to include housing projects for households earning up to 80% of area median income. AB 2031 allows a city to reject its allocations of property tax revenues pursuant to statutory provisions governing the dissolution of redevelopment agencies. In order to reject the revenues, the RDA must have received its finding of completion from the Department of Finance. AB 2031 directs rejected distributions to an affordable housing special beneficiary district, established as a temporary and distinct local governmental entity for the express purpose of receiving rejected distributions and providing financing assistance to promote affordable housing within its boundaries. The beneficiary district must be governed by a 5 - member board and comply with specified open meeting and public record laws. The beneficiary district must cease to exist on a certain date. AB 2450 (Achadijgn). Property Taxation, AB 2450 requires contracts with government agencies which limit the use of a property to owner -occupied housing at affordable housing cost to be recorded. Additionally, a public entity proposing to acquire tax-exempt property must now provide specified notice to the county assessor and the county tax collector. Legislative Update January 17, 2017 Page 29 XX. PERMIT STREAMLINING ACT -gililiplilill rilli � i AB 2180 shortens the review timeline in the Permit Streamlining Act. Currently, the Permit Streamlining Act requires the lead agency that has the principal responsibility for approving a development project to approve or disapprove the project within 180 days from the date of certification of an EIR. If at least 49% of the units within the development project are affordable to very low or low-income households, existing law requires approval or disapproval within 90 days from the date of certification. Existing law also requires approval or disapproval within 60 days from the date of the adoption of a negative declaration, or the determination by the lead agency that the project is exempt from the California Environmental QualityAct. Instead, AB 2180 requires approval or disapproval within 120 days from the date of certification of an EIR when the development project consists of either residential units only or mixed use development in which the nonresidential uses are less than 50% of the total square footage of the development. Existing law requires any public agency that is a responsible agency for a•development project to approve or disapprove a development project that has been approved by the lead agency within the longer of 180 days from the date on which the lead agency has approved the project or within 180 days of the date on which the completed application for the development project has been accepted as complete by that responsible agency. AB 2180 requires any public agency other than the California Coastal Commission, to reduce each time period to within 90 days when the development project consists of either residential units only or mixed use development in which the nonresidential uses are less than 50% of the total square footage of the development and other conditions are met. Legislative Update January 17, 2017 Page 30 XXII. LAFCO In the event of a city disincorporation, AB 2032 requires the successor agency to wind up the city's affairs, instead of requiring the county board of supervisors to do so. AB 2032 also requires a Local Agency Formation Commission (LAFCO) to conduct or prepare a comprehensive fiscal analysis to include a review and documentation of all current and long- term liabilities of the city proposed for disincorporation and the potential financing mechanism or mechanisms to address any identified shortfalls and obligations. XXII. JOINT POWERS AUTHORITIES SB 1266 requires JPAs formed for the purpose of providing municipal services to also file a copy of its agreement and amendments with the LAFCO in each county within which all or any part of a local agency member's territory is located within 30 days after the effective date of the document. If the JPA was formed prior to SB 1266 it must file a copy of its agreement and any amendments with LAFCO no later than July 1, 2017. A JPA that fails to make the required filings within the specified timeframes is prohibited from issuing bonds or incurring any indebtedness until those filings have been made. SB 1203 (Hertzberg). Retirement Systems. Joint Powers Authorities. Beneft Formulas, The Joint Exercise of Powers Act generally authorizes two or more public agencies, by agreement, to jointly exercise any common power, which may include hiring employees and establishing retirement systems. SB 1203 authorizes a JPA formed on or after January 1, 2013, to offer defined benefit plans or formulas that are not PEPRA plans provided that the employee received the plan prior to the creation of the authority, the employees are not new members under PEPRA, and they are employed by the authority within 180 days. F-Wolite'" AB 1773 extends the Renewable Energy Self -Generation Bill Credit Transfer Program to allow JPAs located within the same county and electrical corporation service territory to participate in the Program. This means JPAs may receive a credit for electricity exported to the electrical grid by an eligible renewable generating facility. Legislative Update January 17, 2017 Page 31 XXIII. ECONOMIC DEVELOPMENT AB 806 provides additional flexibility to local communities seeking to expand economic development. As described in more detail below, the bill updates a provision of existing law that provides five examples of local actions that may constitute economic opportunities and clarifies that loan, lease, and sale agreements and property acquisition are included in the range of options a community may employ to advance economic development. The bill continues to allow for the disposal of city -acquired, former redevelopment properties so that all local communities can use the options to acquire and dispose of properties to create economic opportunities. Currently, a city council must hold a public hearing and adopt a resolution before certain city property is sold or leased for economic development purposes. The resolution must contain a finding that the sale or lease of the property will assist in the creation of economic opportunity. AB 806 still requires a public hearing and resolution but recasts Government Code section 52200.2 to offer cities alternative options by authorizing a city to acquire, sell, or lease property in furtherance of the creation of an economic opportunity. "Economic opportunity" includes the following: a. Development agreements, loan agreements, sale agreements, lease agreements, or other agreements that create, retain, or expand new jobs, in which the city finds that the agreement will create or retain at least one full-time equivalent, permanent job for every thirty-five thousand dollars ($35,000) of city investment in the project after full capacity and implementation. b. Development agreements, loan agreements, sale agreements, lease agreements, or other agreements that increase property tax revenues, in which the city finds that the agreement will result in an increase of at least 15 percent of total property tax resulting from the project at full implementation when compared to the year prior to the property being acquired by the city. C. Creation of affordable housing, if a demonstrated affordable housing need exists in the community, as defined in the approved housing element or regional housing needs assessment. d. Projects that meet the goals set forth in the Sustainable Communities and Climate Protection Act of 2008 and have been included in an adopted sustainable communities strategy or alternative planning strategy or a project that specifically implements the goals of those adopted plans. (e) Transit priority projects, as defined in Section 21155 of the Public Resources Code. Also, existing law prohibits the use of eminent domain for economic development purposes. AB 806 additionally prohibits a city from selling, leasing, or otherwise transferring, at Legislative Update January 17, 2017 Page 32 a price that is less than the fair market value, for economic development purposes, any real property that was acquired through eminent domain. Finally, existing law authorizes cities to establish a programs to loans funds to owners or tenants for the purpose of rehabilitating commercial buildings or structures. AB 806 revises the existing authorization by requiring any such loan to be in the form of a written loan agreement that includes a payment schedule, terms for interest calculation, the rights and remedies of the parties in case of default, and any other material terms of the loan. Prior to entering into a loan agreement, a city must hold a public hearing and find that the assistance is necessary for the economic feasibility of the development and that the assistance cannot be obtained on economically feasible terms in the private market. Existing law authorizes certain local agencies to form a community revitalization and investment authority (CRLk) to carry out provisions of the Community Redevelopment Law in that area for purposes related to infrastructure, affordable housing, and economic revitalization. AB 2492 improves CRIA by clarifying the method to calculate employment and crime data and expanding authorization for CRIA to access additional forms of financing. Legislative Update January 17, 2017 Page 33 XXIV. MASSAGE REGULATION AB 2194 amends state law provisions for massage therapy businesses to confirm the California Massage Therapy Council (CAMTC) can take disciplinary action against an applicant for certification and those already certified, CAMTC decisions to discipline may be based on a written statement made under penalty of perjury, and extends the sunset date for the CAMTC to January 1, 2021. Additionally, AB 2194 prohibits cities from requiring a massage establishment to have a shower or bath and requires cities to impose only reasonable and necessary fees. Finally, AB 2194 confirms that cities cannot require a therapist certified by the CAMTC to undergo an additional background check. XXV. OCFA • �1 ip111 ir�iiqi ii: -I 15T1217 ii AB 1217 codifies an earlier action taken by the Orange County Fire Authority to prohibit members of its board of directors from appointing alternates. XXVI. EMERGENCY RESPONSES/911 Existing law provides that making a 911 nuisance call is punishable as a misdemeanor. AB 1769 expands the definition of nuisance call to include calls made from other electronic communications devices. Legislative Update January 17, 2017 Page 34 XXVII. DRONES AB 1680 prohibits the use of a drone to interfere with or impede emergency personnel in the performance of their duties while responding to an emergency and classifies any such interference as a misdemeanor. SB 807 provides complete immunity to first responders should they damage or destroy a drone that interferes with emergency operations. The immunity provided does not extend to secondary damage caused by a crash of a drone. Legislative Update January 17, 2017 Page 35 XXVIII. LAW ENFORCEMENT/CODE ENFORCEMENT. AB 1678 (Santiago). Provision of Incident Report to Victims. AB 1678 requires state and local law enforcement agencies to provide a copy of all incident reports and incident report face sheets to victims or representatives of the victims (who present specified information) of sexual assault, stalking, human trafficking, and elder or dependent abuse, at no cost, for a period of two years. AB 2228 (Cooleyj. Code Enforcement, Training Standards AB 2228 requires the California Alliance of Code Enforcement Officers to establish non- mandatory uniform training standards for code enforcement officers in the state. The primary purpose is to address liability issues that have previously placed code enforcement officers at risk. AB 2263 (Baker). Protection of Victims of Domestic Violence, Sexual Assault. or Stalking and Reproductive Health Care Service Providers, Address Confidentiality, AB 2263 improves the ability of local agencies to respond to requests for public records without disclosing the changed name or address of a victim of domestic violence, sexual assault, or stalking by standardizing confidentiality protections for Safe at Home program participants regardless of their status as victims, employees, patients, or volunteers at reproductive health care clinics. SB 872 permits city councils to contract on behalf of the chief of police of the city to provide supplemental law enforcement services to private schools, private colleges, and private universities. AB 2083 allows local agencies to disclose otherwise confidential information to facilitate the investigation into a child's death. The information disclosed to the review team must remain confidential and shall not be subject to disclosure or discovery by a third party unless otherwise required by law. i Ilil i :, i i M ' i AB 2792 requires local law enforcement agencies to present individuals in custody who may be subject to an interview by the federal Immigration and Customs Enforcement agency (ICE) with a consent form in specified languages describing the purpose of the interview, stating that the interview is voluntary, and that the individual can decline to be interviewed. The form Legislative Update January 17, 2017 Page 36 must be provided prior to the interview. All records related to ICE access provided by local law enforcement shall be public records. AB 1732 requires all single -user toilet facilities in any business, public, state, or local agency to be identified as all -gender facilities starting March 1, 2017. Code enforcement inspectors are authorized to inspect for compliance. Legislative Update January 17, 2017 Page 37 XXIX. TRANSPORTATION NETWORK COMPANIES (LIBER) AB 1289 requires transportation network companies to conduct a local and national criminal background check for each of their participating drivers and prohibits those companies from employing, contracting, or retaining drivers that are registered sex offenders or convicted of violent felonies, or misdemeanor assault, domestic violence, or driving under the influence of drugs or alcohol within the previous seven years. AB 21 repeals the March 1, 2016, deadline for cities to adopt licensing provisions and regulations for cultivation. As a result, cities may still adopt ordinances to regulate cultivation without preemption by state law in that area. AB 21 also repeals language that states cities may still "regulate or ban the cultivation, storage, manufacture, transport, provision, or other activity" and replaces it with the statements the state law does not prevent a city from exercising its police power authority. AB 821 allows marijuana dispensaries to remit tax payments in a form other than electronic funds transfer. AB 2516 creates an additional type of cultivation license for commercial activities relating to marijuana. The new license is referred to as Type IC, or "specialty cottage," and allows cultivation using a combination of natural and supplemental artificial lighting at a maximum threshold to be determined by the licensing authority, of 2,500 square feet or less of total canopy size for mixed -light cultivation, up to 25 mature plants for outdoor cultivation, or 500 square feet or less of total canopy size for indoor cultivation, on one premises. Legislative Update January 17, 2017 Page 38 XXXI. TAXATION. "IkFTM11jrrMTrM _i 10M I #.Ul AB 2450 requires contracts with government agencies which limit the use of a property to owner -occupied housing at affordable housing cost to be recorded. Additionally, a public entity proposing to acquire tax-exempt property must now provide specified notice to the county assessor and the county tax collector. AB 2476 requires local agencies to notify non-resident parcel owners by paid, regular mail of a new voter -approved parcel tax. The notice must include the amount and collection method and provide a return address and contact information for inquiries. AB 2801 requires all local agencies that propose to charge an increased property - related fee or new property -related fee to maintain all written protests for at least two years after the hearing at which the protests were counted. XXXII. PARKING AB 2491 expressly authorizes local governments to prohibit the stopping, parking, or leaving of a vehicle within 15 feet of a driveway used by emergency vehicles to enter or exit a police department, ambulance services provider facility, or general acute care hospital. AB 2491 also requires appropriate signage. Legislative Update January 17, 2017 Page 39 XXXIII. RESTROOMS AB 1732 (Ting). Single -User Restrooms. AB 1732 requires all single -user toilet facilities in any business, public, state, or local agency to be identified as all -gender facilities starting March 1, 2017. Code enforcement inspectors are authorized to inspect for compliance. XXXIV. PUBLIC WORKS/CONTRACTS AB 626 adds Public Contract Code section 9204 to create a resolution process for all claims related to public works projects. The statute seeks to ensure that all construction business performed on public works projects is complete, not in dispute, and that payment is made in a full and timely manner. Unlike previous processes, section 9204 applies to all public works related claims equally, regardless of the amount of the claim submitted. The statute takes effect January 1, 2017. The language of section 9204 or a summary of its requirements must be set forth in the plans or specifications for any public works project that may give rise to a claim. SB 693 allows local governments to require contractors to use a skilled and trained workforce to complete a project, regardless if the local government is required by statute to do so. This also consolidates the definitions of skilled and trained workforce in the public contract code if. (1) all the workers performing skilled work are skilled journeypersons or registered apprentices and (2) at least 30 % of the skilled journeypersons are an apprenticeship graduate for work performed after January 1, 2017. The second requirement will increase by 10 % each year until 2020 when 60 % must be apprenticeship graduates. XXXV. SOLID WASTE HAULERS liplip; i11111111101 1111111111�'11111 1111 11111111 fa F 17,1714 _ j 1 1 1 1 AB 1669 requires local governments to give a 10 % bidding preference to solid waste collection and transportation service contractors that agree to retain employees from the previous such contractor for at least 90 days. Legislative Update January 17, 2017 Page 40 XXXVI. MISCELLANEOUS AB 1709 amends several code sections to replace existing references to "hearing impaired" with "hard -of -hearing." AB 796 deletes a previous sunset date and requires every health care service plan contract and health insurance policy to provide coverage for behavioral health treatment for pervasive developmental disorder or autism. `Behavioral health treatment" means specified services provided by a qualified autism service professional supervised and employed by a qualified autism service provider. Existing law defines "qualified autism service professional" to mean a person who is a behavioral service provider approved as a vendor by a California regional center to provide services as an associate behavior analyst, behavior analyst, behavior management assistant, behavior management consultant, or behavior management program pursuant to the Lanterman Developmental Disabilities Services Act. SB 908 increases the amount of benefits paid to employees on paid family leave and state disability leave from 55% to 60%-70%. This amount is paid for by employee contributions via payroll withholding only. AB 241 requires a local public entity to provide a list of the name and mailing address of each retired employee or his or her beneficiary receiving the retired employee's retirement benefit to any organization that is incorporated and qualified under specific state and federal laws for the purpose of representing retired employees or their beneficiaries as members of the organization in a neutral evaluation process, the declaration of a fiscal emergency and adoption of a resolution, or a bankruptcy proceeding. A retired employee or beneficiary may waive this requirement by submitting a written statement to the public entity stating they do not wish to have their information disclosed. The California Global Warming Solutions Act of 2006 charges the State Air Resources Board with monitoring and regulating sources of emissions of greenhouse gasses and authorizes the Board to include the use of market-based compliance mechanisms. The Strategic Growth Council identifies and reviews activities and funding programs that may meet the goals of the California Global Warming Solutions Act of 2006. Legislative Update January 17, 2017 Page 41 AB 2722 creates the Transformative Climate Communities Program which is administered by the Council to award competitive grants to eligible entities, including local agencies and JPAs for the development and implementation of neighborhood -level transformative climate community plans that include greenhouse gas emissions reduction projects that provide local economic, environmental, and health benefits to disadvantaged communities. 111L_111LllIli II F: 1 !1 1 1 1 Assembly resolution 166 proclaimed the month of May 2016, and every May thereafter, as California Travel and Tourism Month to celebrate the leadership of California's tourism industry in growing California's economy and improving the quality of life for all Californians. AB 1322 allows a salon or barber shop to serve beer or wine to its customers without license from ABC if four conditions are met: (1) there is no extra charge for the alcohol; (2) no more than 12 ounces of beer or 6 ounces of wine are offered to an individual client; (3) the establishment's license is in good standing with the State Board of Barbering and Cosmetology, and (4) alcohol is only served during business hours and not later than 10 pm. AB 1322 should not be construed to limit the authority of a city to restrict or limit the consumption of alcoholic beverages. AB 133 allows early repayment of special fund loans and prepayment of certain costs. Of interest to cities, AB 133 appropriates $173 million to repay a loan from the Traffic Congestion Relief Fund consisting of: $148 million for Local Traffic Congestion Relief Program projects; $11 million for trade corridor improvements; $9 million for the Transit and Intercity Rail Capital Program, and $5 million for the State Highway Operations and Preservation Program.