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HomeMy WebLinkAbout10 2017 LEGISLATIVE YEAR IN REVIEWAgenda Item in Reviewed: AGENDA REPORT City Manager Finance Director/A MEETING DATE: DECEMBER 5, 2017 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JEFFREY C. PARKER, CITY MANAGER SUBJECT: 2017 LEGISLATIVE YEAR IN REVIEW SUMMARY: Staff has prepared an update of proposed key legislative items. RECOMMENDATION: Receive and File. BACKGROUND: The 2017 California legislative session became one of the most productive in memory, influenced in part by the disruptive tension created by the unanticipated outcome of the 2016 presidential election. With Democrats also regaining a two-thirds supermajority control of both houses, the divisions between California's Democratic -dominated Legislature and the U.S. president on immigration, health care, federal budget proposals and climate change were stark, deep and emotional. As the fervor over proposed presidential executive orders and policies increased and Congressional action stalled, state legislative leaders proclaimed that they would demonstrate how California and Democrats would continue to lead. And lead they did — enacting a massive transportation funding package in the spring, extending the cap -and - trade carbon reduction program in the summer and approving an affordable housing package and a park and water bond at the end of session. These ambitious and significant accomplishments required two-thirds votes and major efforts by Governor Jerry Brown and legislative leaders. These accomplishments also matched cities' priorities for additional transportation funding for local street and road maintenance. Obtaining affordable housing funding matched another strategic priority, and many communities benefit from the park and water infrastructure bond. 2017 Legislative Year in Review December 5, 2017 Page 2 Additional Legislative Information As a follow-up to the previous monthly legislative reports highlighting key 2017 California legislation, this report is a summary overview of the active year in Sacramento. This report is not intended to be an analysis of the over 2,500 bills that were introduced during the session this year, or of the 521 signed by the Governor, but rather a summary briefing of key elements. Given the minimal availability staff resources to fully evaluate all that has come before the Legislature, and ultimately approved, staff have leveraged other resources for their ongoing guidance and detailed reports. Specifically, expertise and guidance has been provided by our City Attorney's office, the League of California Cities (the "League"), and the Association of California Cities Orange County (ACC -OC). The City Attorney's office has provided the attached 2017 Legislative Update memorandum that identifies approximately 230 items of legislation that are believed to be the more relevant to the City of Tustin, or that may be of particular interest in the coming year. It is not necessarily intended to be an exhaustive treatment of the bills. A complete listing of the 2017 statues have been prepared by the League and can be provided upon request or online at http://www.cacities.org/Policy-Advocacy/Legislative- Resources/Annual-Legislative-Reports.aspx. The attached update from the City Attorney organizes & summarizes the bills by the following groupings: • Business Regulation • Education • Employment/Labor Relations • Environment • Finance/Taxation • Firearms • Government/Organization • HealthMelfare • Housing • Land Use/Zoning • Municipal Services/Utilities • Public Contracts • Public Records • Public Safety/Justice/Police • Vehicles/Transportation 2017 Legislative Year in Review December 5, 2017 Page 3 Return of Democrat Supermajority and Other Legislative Changes The presidential election was not the only disruptive change affecting the 2017 session. In California, Democrats regained a two-thirds supermajority control of both houses. In the 80 -member Assembly, Democrats added three seats (from 52 to 55), surpassing the two-thirds threshold of 54. In the 40 -member Senate, they secured the necessary 27 seats. Democrats had also obtained supermajority status following the 2014 election, but it eroded quickly when criminal scandals caused the suspension of three senators. With supermajority control, Democrats could enact tax increases, approve urgency measures and place items on the ballot without having to rely on Republican votes. Maintaining unity within the caucus, however, proved challenging. Swing districts were vulnerable on tax votes, moderates were sensitive to business concerns and individuals could leverage other demands. Republicans had little power, but they also served as a conduit to their colleagues in control of Congress; this influence became increasingly valuable as Democrats sought to blunt President Trump's aggressive proposals. Transparency also improved with the new three-day print rule required by Prop. 54 (2016) limiting "gut -and -amend" bills. With such antics blocked, some veteran lobbyists appeared disoriented during the final nights of the session. Nevertheless, this minimal level of transparency improves the legislative process and benefits policy -advocacy groups like the League by providing opportunities to react to harmful proposals. State Budget Normal; Concerns Remain Over Possible Federal Actions With state revenues healthy, the budget reflected Gov. Brown's proposals with minor modifications. Legislators were more worried about the impacts of the president's agenda than quibbling over trivial details. California's budget was vulnerable to a $20 billion annual cost increase due to the state's prior decision to expand health-care benefits to millions of poor residents under the Affordable Care Act. The president's proposed elimination of many programs, including the Community Development Block Grants (CDBG) program and HOME Investment Partnerships, generated additional concerns. With action stalled in Washington, D.C., the Legislature adopted its FY 2017-18 budget package with total General Fund spending of $125.1 billion and $8.5 billion in the Rainy - Day Reserve. To address growing concerns over the state's unfunded public pension liabilities, the state also made a $6 billion prepayment from cash reserves to the California Public Employees' Retirement System (CaIPERS). The Legislature took other higher - profile actions. Continued frustration with mismanagement at the state Board of Equalization (BOE) led to the transfer of most BOE tax programs, including the collection 2017 Legislative Year in Review December 5, 2017 Page 4 and allocation of local sales and use taxes, to a newly created Department of Tax and Fee Administration. Another trailer bill imposed rigorous signature verification and other process requirements on legislative recalls, responding to efforts by conservative activists to recall Sen. Josh Newman (D- Fullerton) over his vote for transportation funding. For cities, larger issues included the allocation of $2.8 billion in transportation funds under the recently passed SB 1, the Road Repair and Accountability Act. Amendments to SB 94 (a cannabis trailer bill reconciling medical marijuana law with the recently enacted Prop. 64) that preserved as much as possible the integrity of the regulatory structure for cities and law enforcement. In addition, the League and police chiefs secured changes to AB 133, a follow-up cannabis trailer bill, that underscored the continuing need for local control after state licensing begins. The Legislature adopted a revised version of the bill, SB 106, that did not contain the proposed cut of the economic development set-aside for small cities under the state's CDBG program, and the Department of Housing and Community Development (HCD) formed a task force of CDBG program issues with the affected cities. Development and Passage of the Transportation Funding Package The development of the transportation funding package took years of work. California's streets and roads were deteriorating due to inadequate maintenance funding. The League and the California State Association of Counties (CSAC) had documented the decline for a decade through biennial surveys of local street and road conditions. Consumers were seeing more potholes and cracks while incurring an estimated $762 dollars per year in related vehicle repairs. Ignoring this problem made things worse, because it costs eight times more to rebuild a road than to properly maintain it. The reasons for the funding deficits were well known. Revenues dedicated to road maintenance were eroding. The state gas tax, which had last been increased in the 1990s, was not indexed for inflation. Fuel economy improvements also reduced consumption and per -gallon revenues. Drivers of electrical and hybrid vehicles were not contributing equitably to road maintenance needs. A multitude of local governments and associations, along with transportation, business, and labor groups, eventually joined forces as part of the Fix Our Roads Coalition and embarked in a multi-year effort to both educate and advocate for a comprehensive solution. The coalition also worked closely with Sen. Jim Beall (D -San Jose) and Assembly Member Jim Frazier (D- Discovery Bay), the chairs of the two legislative transportation committees, who led an effort to develop an understanding among their colleagues of the issues. The coalition convened meetings with various stakeholders, 2017 Legislative Year in Review December 5, 2017 Page 5 legislative leaders and state transportation representatives. In addition, the coalition developed a website with educational resources, authored editorials and held regional press conferences to build awareness of the problems and support for additional investments. Finally, an agreement materialized in 2017. The Road Repair and Accountability Act of 2017, SB 1 (Beall, Chapter 5, Statutes of 2017) and ACA 5 (Frazier, Chapter 30, Statutes of 2017), combines dedicated funding with strong accountability measures. SB 1 provides an additional $5.4 billion annually for the state and local transportation system, of which $1.5 billion is dedicated to city and county street and road repairs. For cities, it doubles the amount of road maintenance funds they will receive to fix their streets. ACA 5, scheduled to appear on the June 2018 ballot, provides constitutional protection to ensure several new revenue sources will be used only for transportation purposes. Cleanup language to SB I was contained in AB 135 (Chapter 255, Statutes of 2017), a budget trailer bill passed in September; new revenues will begin flowing to local agencies early in 2018. ACA 5, which contains various constitutional protections for the new funding, is scheduled for the June ballot. Regrettably, several proposed ballot measures seeking to repeal SB 1, while proposing no alternative funding solutions to address the problem, have also been filed. The League and the Fix Our Roads Coalition will continue to educate and advocate on the importance of funding to support local road maintenance needs. V I I I 111 11 111111 l�11111 III I I I I i I I I I ii 11111 11 1111111 11111111 1 711 11 Ill I Ill Iii I 0_1 lil I 111 111 ill ill MM�. To the average voter, the idea of eliminating cities' and counties' ability to contract for service delivery or of allowing private telecommunications companies to install their equipment on public property and without local community input and approvals would make no sense. But in the halls of the state Capitol, when such ideas are backed by powerful interests, they can prove difficult to stop. Examples of this include: • AB 1250 (Jones -Sawyer). After a major battle to remove the application of this labor -sponsored bill to cities' contracting authority, this bill still continued (applying only to counties) all the way through the Senate, where it is pending in the Senate Rules Committee as a two-year bill that can be acted upon in 2018. • SB 649 (Hueso). Despite opposition by hundreds of cities, associations, many counties and editorial boards, the bill moved through the Legislature with little resistance. Backed by the powerful telecom industry, which hired many lobbyists for the effort, the bill passed the Senate Floor 32-1 in May, passed the Assembly 2017 Legislative Year in Review December 5, 2017 Page 6 Local Government Committee 6-2 in June, passed the Assembly Communications and Conveyance Committee 10-0 in July and the Assembly Appropriations Committee 12-1 in September. During the final three days of the legislative session the floor votes were 46-16 in the Assembly and 22-10 in the Senate. Rather than the Legislature holding the flawed measure, it took the experience and leadership of Gov. Brown to state in his veto message what many legislators already knew: "I believe that the interest which localities have in managing rights of way requires a more balanced solution than the one achieved in this bill." One of the arguments for expanding legislative term limits was that the Legislature would become a'more deliberative and thoughtful policy-making body. The rapid passage of such bills through the Legislature raises questions about when that will occur and underscores the continued vulnerability of local authority in a legislative environment where the desire to appease a powerful interest group can erode public policy. City officials should urge their legislators to resist taking hasty action on policy proposals of such importance and consequence to their communities. The successful efforts to protect city authority on these bills demonstrates the collective power of cities when they work together. 12111711711111 U110711117-1177-3 Ml� On a bright September morning in San Francisco, a group of legislators and housing advocates gathered on a hilltop to celebrate Gov. Brown's signing a 15 -bill package responding to California's affordable housing crisis. The ceremony capped an active legislative year, with over 130 housing -related bills introduced. Many San Francisco Bay Area legislators attended the ceremony, reflecting the intense regional housing demand driven by a booming economy. Highly skilled technology workers earning generous salaries were bidding up rents and home prices. Housing prices had also rebounded in Southern California's coastal regions but less so in the Central Valley and Inland Empire, which experienced the brunt of the foreclosure crisis during the Great Recession and a slower economic recovery. For cities, major positive developments included the restoration of affordable housing funding via two League -supported measures. SB 2 (Chapter 364, Statutes of 2017) by Sen. Toni Atkins (D -San Diego) will generate approximately $250 million per year for affordable housing from a $75 tax on certain real estate -related transactions. Initial funding will be available to assist local governments with updates to their General Plans, with an ongoing 70 percent dedicated to local government housing programs. SB 3 2017 Legislative Year in Review December 5, 2017 Page 7 (Chapter 365, Statutes of 2017) by Sen. Jim Beall places a $4 billion affordable housing bond on the November 2018 ballot. Another helpful measure, AB 1598 (Chapter 764, Statutes of 2017) by Assembly Member Kevin Mullin (D -South San Francisco), authorizes a city/county to create an affordable housing authority with various powers and dedicate a portion of its property- tax increment, sales tax and other revenues to develop affordable housing. AB 1568 (Chapter 562, Statutes of 2017) by Assembly Member Richard Bloom (D -Santa Monica) authorizes enhanced infrastructure financing districts to use sales tax revenue under certain conditions to help fund affordable housing. These investments and tools, however, only partially fill the vacuum created by the elimination in 2011 of local redevelopment agencies that provided over $1 billion annually for affordable housing. Sen. Richard Roth (D -Riverside) for authored SB 540 (Chapter 369, Statutes of 2017), which strikes a balance between inclusive local planning and improved certainty for housing developers. The measure authorizes the creation of Workforce Housing Opportunity Zones, where upfront local planning and environmental analysis under the California Environmental Quality Act (CEQA) will provide housing developers additional CEQA certainty. Another option is provided by League -supported AB 73 (Chapter 371, Statutes of 2017), by Assembly Member David Chiu (D -San Francisco), which offers state financial incentives to local agencies that adopt Housing Sustainability Districts approved for a 10 -year period by the state Department of Housing and Community Development. League -supported AB 1505 (Chapter 376, Statutes of 2017) by Assembly Member Richard Bloom contained a long -sought legislative fix to the 2009 Palmer v. City of Los Angeles decision, restoring local authority to require inclusion of affordable units in new rental housing developments. Other measures focused on the local planning and approval process: • SB 35 (Chapter 366, Statutes of 2017) by Sen. Scott Wiener (D -San Francisco) requires multi -family developments consistent with existing local planning requirements that meet specific conditions to be approved in a "ministerial" fashion, which means lacking project -level environmental review and public input, in jurisdictions where housing is not developed for all income levels at sufficient volume to match state -generated regional housing need allocations; • AB 72 (Chapter 370, Statutes of 2017) by Assembly Member Santiago (D -Los Angeles) provides HCD with broad authority to review any action by a city or county that it determines is inconsistent with an adopted housing element; 2017 Legislative Year in Review December 5, 2017 Page 8 • AB 1397 (Chapter 375, Statutes of 2017) by Assembly Member Evan Low (D - Campbell) limits sites that can be designated in a housing element to those that meet a debatable "realistic and demonstrated potential;" SB 167 (Chapter 368, Statutes of 2017) by Sen. Nancy Skinner (D -Berkeley) and AB 678 (Chapter 373, Statutes of 2017) by Assembly Member Raul Bocanegra (D -San Fernando) make numerous changes to the Housing Accountability Act that include requiring findings to be based on "a preponderance of evidence" and imposing ($10,000) fines on cities that fail to comply with a judge's order; and • AB 879 (Chapter 374, Statutes of 2017) by Assembly Member Tim Grayson (D - Concord) requires HCD to study and make recommendations to substantially reduce developer fees via potential amendments to the Mitigation Fee Act, the law that outlines the constitutional baseline local governments use to establish fees. Other Economic and Policy Issues Affecting Housing Production While many view the 2017 housing package as helpful, its passage certainly does not signal the end of the policy discussion. Aside from various incentive and funding measures, a portion of the housing package responded to a theme, championed by several advocacy groups and academics, that the local planning and approval process is the major cause of the state currently producing 100,000 units fewer per year than pre - recession levels. From a local government perspective, that assertion is incomplete and inaccurate. Going forward, it is time to dig a bit deeper. This legislative focus lacked an exploration of other economic factors affecting the housing market. The foreclosure crisis resulted in displaced homeowners with damaged credit, widespread investor conversions of foreclosed single-family units into rentals and increasingly stringent lending criteria. Demographic factors may also affect demand as baby boomers with limited retirement savings and increased health-care costs approach retirement age. Younger residents, saddled with student debt, face challenges saving for down payments. Manufacturing and other higher -wage jobs are stagnating and being replaced via automation and conversion to a lower -wage service economy. Fewer skilled construction workers are available after many switched occupations during the recession. Housing production and costs can also be affected by other state laws intended to advance important policies: Local Agency Formation Commissions tighten annexation and service provision requirements; 2017 Legislative Year in Review December 5, 2017 Page 9 • The Coastal Act subjects coastal development to rigorous regulatory review; • The Williamson Act discourages development on agricultural lands; • Other laws ensure adequate water supplies, protect oak trees and avoid construction in flood plains; • Residents displaced by governmental repairs of dilapidated housing stock are provided relocation benefits; • Prevailing wages are attached to affordable housing construction; • New energy, seismic, fire, disabled access and other code requirements increase building costs; • CEQA compliance can result in delays and costly litigation; and • Propositions 13 (1978), 218 (1996) and 26 (2010) limit local ability to fund and maintain infrastructure and provide services to new residents. With respect to funding for affordable housing, SB 2 and SB 3 will certainly be helpful, yet additional funding is sorely needed. Historically, the federal government funded most of the affordable housing available to lower-income households constructed nationwide. Since the 1980s, however, much of that funding has dried up, leaving states and local agencies to fill the void. In California, the funding once available from local redevelopment agencies is gone. Local governments need additional tools and options. ACA 4 (Aguiar-Curry) would lower the vote threshold for local infrastructure and affordable housing investments to 55 percent, and ACA 11 (Caballero) proposes placing before the voters a proposed quarter - cent sales tax increase for affordable housing, which would generate another $1.7 billion per year, an amount that would begin to move the needle on this issue. The state could also support local investments in affordable housing and infrastructure by more fully restoring the tax -increment financing tool. $4 Billion Parks and Water Bond Approved for June Ballot The affordable housing crisis was not the only legislative priority with respect to bonds. Senate President pro Tem de Leon had been working on a park bond proposal for several legislative sessions. In 2016, Assembly Member Eduardo Garcia also authored a park 2017 Legislative Year in Review December 5, 2017 Page 10 bond proposal that made it all the way to the Senate floor. But apart from a water bond the governor had resisted new bond proposals, after spending years paying down state accumulated debts. Thus, without the governor's agreement, the state ballot presented the only available path. In 2017, both Sen. de Le6n and Assembly Member Eduardo Garcia introduced school bond proposals in the $3 to $4 billion range, while outside groups began crafting park bond initiative proposals for much larger amounts. Pressure for a housing bond and broader concerns over infrastructure conditions following the collapse of the Oroville Dam's spillway increased the possibility of an agreement. In the final weeks of the session, an agreement was reached with Gov. Brown in SB 5 (de Le6n, Chapter 852, Statutes of 2017) on a $4 billion park and water bond that contains a minimum $200,000 per city in park funding, $725 million for "park -poor" communities and additional funding for state park improvements, nature conservancies, climate and environmental programs, flood control, drought and drinking water projects and Salton Sea improvements. The bond will be placed before voters on'the June 2018 ballot. Gov. Brown, reflecting a national trend, also used Twitter as he lobbied for the holdout votes needed to extend the state's cap -and -trade program. In mid-July, the 79 -year old governor —who has spent nearly 40 years in California politics — tweeted: "This isn't about some cockamamie legacy. This isn't for me; I'm going to be dead. It's for you & it's damn real." California leadership in the carbon reduction effort began with the passage of AB 32 (Chapter 488, Statutes of 2006), authored by then -Assembly Speaker Fabian NOhez and signed by Gov. Arnold Schwarzenegger, which established the goal to reduce the state's carbon emission levels to 1990 levels by 2020. As a centerpiece of its compliance strategy, the California Air Resources Board (ARB) enacted the cap -and- trade program, holding auctions where carbon -emitting industries could bid for emissions credits under a progressively lowering statewide cap. The auctions produced billions in revenue that the Legislature allocated to various programs, including high- speed rail. Litigation filed by the California Chamber of Commerce, however, challenged the program as an illegal tax because it had not been enacted with a two-thirds vote. Uncertainties grew over whether the program would continue given the pending litigation and a failed legislative effort to extend the program in 2015. Nevertheless, in the waning hours of the 2016 session, Gov. Brown and legislative Democrats crafted an agreement 2017 Legislative Year in Review December 5, 2017 Page 11 by majority vote to approve SB 32 (Pavley, Chapter 249, Statutes of 2016), which expanded the state's carbon reduction goal to a 40 percent reduction below 1990 levels by 2030. A concurrent effort, however, to extend the cap -and -trade program by a two- thirds vote stalled. In 2017, the political dynamics changed. The California Chamber of Commerce case lost at the appellate level in April. SIB 32 provided ARB the authority to impose reductions, and business and industry preferred a market-based program rather than ARB regulations. Also, given the interest of the business community in a compromise, some Republicans indicated a willingness to vote for a package addressing business priorities. The Legislature reached bipartisan compromise on a three -bill package prior to the summer recess: AB 398 (E. Garcia, Chapter 135, Statutes of 2017) extends the cap -and -trade system through Dec. 31, 2030, with various modifications; AB 617 (C. Garcia, Chapter 136, Statutes of 2017) requires ARB to develop a uniform statewide system of annual reporting and monitoring stationary sources of emissions and toxic air contaminants and provides ARB and air districts additional enforcement powers; and ACA 1 -(Mayes, Chapter 105, Statutes of 2017) is set to appear on the June ballot and requires a legislative two-thirds vote to allocate cap -and -trade action proceeds after Jan. 1, 2024. With the cap -and -trade program extended, an agreement to allocate accumulated auction revenues occurred with the passage of budget bills AB 109 and AB 134. These measures distribute $1,5 billion to various carbon -reducing activities including urban greening, waste diversion, fleet modernization and clean vehicle rebates. Sixty percent of the funding will continue to be allocated per established formula for the Affordable Housing and Sustainable Communities program, high-speed rail, the Transit and Intercity Rail Capital program and Low Carbon Transit Operations. Two measures reflect the effects of disruptive change on taxis and transportation network companies. State law required taxis to be subject to significant local regulation. Then transportation network companies (TNCs) like Uber and Lyft came along offering services 2017 Legislative Year in Review December 5, 2017 Page 12 provided by consumers and promoting them as better, faster, cheaper and unconstrained by local regulation. Predictably, TNCs rapidly expanded and taxi use nosedived. AB 1069 (Low, Chapter 753, Statutes of 2017), sponsored by taxi companies, was aimed at reducing what they perceived as the excessive costs and duplicative and restrictive local regulations that applied to their industry when TNCs that were providing a similar service were virtually unregulated. The author and sponsors limited the licensing requirement to jurisdictions where the primary business address of the company or driver is located and to the jurisdiction within a single county where the largest share of trips originate for the company or driver. The new law takes effect in 2019. SB 182 (Bradford, Chapter 769, Statutes of 2017) was sponsored by TNC companies concerned that individual cities and counties would impose a patchwork of local business license requirements on their drivers who operate as independent contractors. In California, however, only a handful of cities had sought to impose business license requirements on drivers. San Francisco was a major exception. With an estimated 40,000 TNCs operating on its streets, the city had imposed business license requirements on drivers and engaged in various regulatory and legal disputes with the TNCs. Fearing that such regulatory efforts could spread to other cities, SB 182 was aimed at limiting the application of business license authority to TNC drivers. Unfortunately for cities, Gov. Brown signed the measure. Long -Sought Fix for Struggling Newly Incorporated Cities Four recently incorporated cities in Riverside County— Eastvale, Wildomar, Menifee and Jurupa Valley — finally received a long -needed permanent fix to their revenues with the passage of SB 130 (Chapter 9, Statutes of 2017), a budget trailer bill. These cities have experienced severe financial hardship since 2011, when the state swept all remaining shares of city vehicle license fee (VLF) revenues with the passage of SB 89 (Chapter 35, Statutes of 2011). While all cities were affected by the loss of city shares of VLF, these four cities were particularly hard hit because they relied much more on the VLF revenues than other cities. Restoring funding and avoiding the potential disincorporation of these new cities also provides long-term policy benefits to the state. The four affected cities are in one of the fastest-growing regions of California. City land -use patterns are urban and dense, and their future growth is regulated by Local Agency Formation Commission (LAFCO) policies. In contrast, unincorporated development patterns are typically less dense and not regulated by LAFCOs. 2017 Legislative Year in Review December 5, 2017 Page 13 Although SB 130 does not resolve issues associated with future incorporations and annexations of inhabited territory caused by SB 89, it establishes a policy platform to do so going forward. Lack of Action on Public Safety Concerns with Recently Released Offenders It is becoming harder to find a city official who does not express concerns over an uptick in crime related to a series of state actions and recently adopted policy changes that are resulting in more offenders being released onto the streets and limiting the deterrent effects of laws related to various crimes. Several measures were authored in response to these concerns, but most failed to move in the Legislature. Gov. Brown's veto of AB 1408 (Calderon), which sought to improve public safety through better management of ex -offenders subject to post -release community supervision. Frustrations are building on this issue as local officials continue to face demands for a response to public safety concerns in their communities. Issues for 2018 Many factors will influence the 2018 legislative session. Gov. Brown will be in the final year of his term and is expected to finish strongly, leaving his imprint on the state's budget and policy matters. Campaigns to replace him are well underway with candidates offering voters potential directions for the state's future. Senate President pro Tem de Leon is facing term limits and running for U.S. Senate, so a leadership transition is expected, and the Democrats' supermajority status depends on the outcome of the recall of Sen. Josh Newman. Continued tensions over federal government policy proposals and actions remain a certainty. Ballot proposals will also occupy political space. Three measures are qualified for the June ballot, each with its own politics: ACA 5 (Frazier) provides additional protection to recently enacted transportation funds; ACA 1 (Mayes) imposes a two-thirds vote of post - 2024 allocations of cap -and -trade funds; and SB 5 (de Leon) proposes a $4 billion park and water bond. The housing bond, SB 3 (Beall), is qualified for the November ballot, but interest groups have many other proposals in development, including efforts to repeal recently enacted transportation funding, reduce property tax, authorize local rent control and protect public safety. In the policy arena, continued efforts to address affordable housing and homelessness can be expected, including reviving options for local rent control. Recreational marijuana regulations take effect in 2018. Financial difficulties for cities are increasing as pension costs escalate and affect fiscal sustainability and service delivery. Discussions are 2017 Legislative Year in Review December 5, 2017 Page 14 expected on water conservation and energy policy, responding to the devastating 2017 wildfires and crafting a more balanced telecom bill. Unknown elements for 2018 include the state budget. Besides the major vulnerabilities with a federal repeal of the Affordable Care Act, at some point the economy will slow and reduce state revenues. ATTACHMENT: Woodruff, Spradling & Smart "2017 Legislative Update" 555AB,S1200 NTON OULEVARD UITE CM,CA92626-7670 OSTA ESA (714) 558-7000 DIRECT DIAL: (714) 415-1021 DIRECT FAX: (714) 415-1121 E-MAILgsimonian@wss-law.com VIA E-MAIL TO: Jeffrey C. Parker, City Manager FROM: City Attorney DATE: November 27, 2017 RE: 2017 Legislative Update This memorandum briefly summarizes legislation enacted during the 2017 legislative session believed to be most relevant to the City of Tustin, or that may be of particular interest in the coming year. This is not a complete listing of all of the 2017 statutes and is not intended to be an exhaustive treatment of the bills presented below. A complete listing of the 2017 statutes prepared by the California League of Cities is available for review upon request. BUSINESS REGULATION AB 294, Gipson. Mobilehome parks: disclosure Chapter 31 This statute adds a deadline to the existing requirement that the management of a mobilehome park must disclose the name, business address, and business telephone number of the park owner upon request from a mobilehome owner. Specifically, this bill mandates park management provide the required information within 10 business days of receiving a written request for it. AB 299, Calderon. Hiring of real property: immigration or citizenship status Chapter 490 This statute expands existing rules that prohibit cities and counties from compelling landlords to take certain actions based on the immigration or citizenship status of tenants or prospective tenants to also include state agencies and public entities, as defined. AB 450, Chiu. Employment regulation: immigration worksite enforcement actions Chapter 492 This statute is called the Immigrant Worker Protection Act and it imposes the following requirements on California employers both public and private: 1. Requires employers to request a warrant before granting federal immigration agents with access to workplaces; 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 2 2. Bans employers from sharing with federal immigration agents employee records and confidential information, including Social Security numbers, without a court order; and 3. In the event an employer is required to hand over employee information, the statute requires the employer to notify the state labor commissioner, the employ representative within 72 hours of receiving notice. Noncompliance with the statute could result in penalties up to $10,000 for each violation. Chapter 740 This statute prohibits a pet store operator from selling a live cat, dog, or rabbit in a retail pet store unless the dog, cat, or rabbit was obtained from a public animal control agency or shelter or rescue group as defined; requires all authorized sales of dogs and cats to be in compliance with laws requiring the spaying or neutering of animals; permits a public or private shelter to enter into cooperative agreement with animal rescue or adoption organizations regarding rabbits; and requires pet stores to maintain and post records relating to the source of each dog, cat, or rabbit the pet store sells for at least one year. AB 1221, Gonzalez Fletcher. Alcoholic beverage control: Responsible Beverage Service Training Program Act of 2017 Chapter 847 This statute establishes the Responsible Beverage Service (RBS) Training Program Act of 2017, and requires the Department of Alcoholic Beverage Control (ABC), on or before January 1, 2020, to develop, implement, and administer a curriculum for an RBS training program, as specified. Additionally, the bill requires, beginning July 1, 2021, an alcohol server, as defined, to successfully complete an RBS training course offered or authorized by ABC. AB 1222, Quirk. Vehicles: electronic wireless communications devices Chapter 297 Existing law prohibits driving a vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the device is designed to allow voice-operated, hands-free oper device AB 1223, Caballero. Construction contract payments: Internet Web site posting Chapter 585 Under existing law, state agencies are required to publish notice of progress payments made to prime contractors in the California State Contracts Register. This statute requires state agencies that maintain an Internet Web site to post specified information about construction contract payments valued at $25,000 or more on their Internet Web sites within 10 days of making the payment. 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 3 AB 1294, Berman. Solid waste: plastic products Chapter 664 This statute removes the January 1, 2018 sunset date on the law that requires plastic food container manufacturers to maintain specified records if they make marketing claims relating to the recycled content of their product. AB 1379, Thurmond. Certified access specialist program: funding Chapter 667 Existing law requires the State Architect to establish and publicize a program for voluntary certification by the state of any person who meets specified criteria as a certified access specialist (CASp) and until December 31, 2017 existing law also requires that any applicant for an original or renewal of a local business license or permit to pay an additional fee of $1 for such license or instrument to be collected by the city or county that issued the license or permit. This statute would extends the operation of this fee indefinitely and, on and after January 1, 2018, and until December 31, 2023, increase the amount from $1 to $4. The amount of the fee reverts back to $1 on and after January 1, 2024. The statute also requires, in any city or county and county that does not issue a business license or permit, an applicant for a building permit to pay an additional fee of $4 on and after January 1, 2018, and until December 31, 2023, and an additional fee of $1 on and after January 1, 2024, for the building permit, to be collected by the city or county that issued the building permit. In addition, on and after January 1, 2018, and until December 31, 2023, inclusive, the city or county will retain 90% of the fees collected. The amount retained will revert to 70% on and after January 1, 2024. All moneys retained by the city or county are to be deposited in a special and used for increased CASp training and certification within that local jurisdiction. AB 1701, Thurmond. Labor-related liabilities: original contractor Chapter 804 This statute allows construction workers who have not been paid for a job to seek their back wages and benefits, with interest, from the general contractor, even if such workers did not work directly for that general contractor on the project. The statute accomplishes this result by extending joint liability to both a general contractor and a subcontractor for unpaid wages, similar to what is found in the public works arena. This statute does not apply to any work performed by an employee of the state or any political subdivision of the state. 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 4 SB 94, Committee on Budget and Fiscal Review. Cannabis: medicinal and adult use Chapter 27 This statute is the cannabis trailer bill for the Budget Act of 2017 and establishes a single system of administration for cannabis laws in California. It contains changes related to the Budget Act of 2017 that are necessary for state licensing entities to implement a regulatory framework pursuant to the Medical Cannabis Regulation and Safety Act (MCRSA), established by AB 266 (Bonta, Chapter 689, Statutes of 2015), AB 243 (Wood, Chapter 688, Statutes of 2015), SB 643 (McGuire, Chapter 719, Statutes of 2015), and SB 837 (Committee on Budget and Fiscal Review, Chapter 32, Statutes of 2016), and the Adult Use of Marijuana Act (AUMA) of 2016 (Proposition 64). This statute conforms MCRSA and AUMA into a single system that prioritizing consumer safety, public safety and tax compliance. Among other things, this statute provides for agricultural cooperatives, a method for collecting and remitting taxes, a process for testing and packaging, and a process for collecting data related to driving under the influence. SB 182, Bradford. Transportation network company: participating drivers: single business license Chapter 769 This statute allows a driver for a transportation network company to operate statewide. A driver need only comply with the business license requirements of the local jurisdiction in which such driver resides. The statute also prohibits the disclosure of certain TNC driver personally identifiable information on a publicly accessible internet Web site. SB 314, Nguyen. Massage therapy: certification: credit hours Chapter 266 This statute assists students who attended a massage therapy training program at an institution that was never deemed unapproved by the California Massage Therapy Council (CAMTC), by requiring CAMTC to accept hours earned at that institution towards certification as a massage therapist. SB 315, Nguyen. California Massage Therapy Council: material for non-English speakers Chapter 120 This statute requires the California Massage Therapy Council (CAMTC) to assess its contact with non-English speakers, requires CAMTC to offer publicly available materials in languages other than English based on the assessment, and requires CAMTC to report its findings to the Legislature by January 1, 2019. SB 654, Dodd. Local moratorium: gambling tables Chapter 244 This statute authorizes a city or a county to amend its local ordinance to increase the operation hours of a gambling establishment to up to 24 hours a day, 7 days a week. 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 5 SB 764, Moorlach. Real estate trust fund accounts: fidelity insurance Chapter 248 This statute authorizes a real estate broker to use insurance in lieu of fidelity bonds to cover an unlicensed employee who is authorized to withdraw money from that broker's trust fund account. The statute specifies that the bond or insurance coverage must protect the broker from intentional wrongful acts committed by his or her employee, including theft, dishonest acts, or forgery. EDUCATION AB 21, Kalra. Public postsecondary education: Access to Higher Education for Every Student Chapter 488 This statute requires the California State University (CSU), California Community Colleges (CCC) and each Cal Grant eligible independent institution of higher education and requests the University of California (UC), to establish various policies and actions to be implemented by postsecondary education institutions in California that safeguard against immigration enforcement activities on campuses. AB 99, Committee on Budget. School finance: education omnibus trailer statute Chapter 15 Current law establishes a public school financing system that requires state funding for county superintendents of schools, school districts, and charter schools to be calculated pursuant to a local control funding formula as specified under law. Current law requires, for the 2013-14 fiscal year and for each fiscal year thereafter, the State Superintendent of Public Instruction to annually calculate a county local control funding formula for each county superintendent of schools. This statute, commencing with the 2017-18 fiscal year, requires the State Superintendent to add a specified amount to the annual apportionment to each county superintendent as part of the county local control funding formula. Chapter 493 This statute declares that discrimination based on immigration status is prohibited within -12 public schools and requires schools to take additional affirmative steps to eliminate such discrimination. In addition, this bill directs the Attorney General to publish, and schools to adopt, policies for limiting assistance with immigration enforcement at public schools to the minimum consistent with federal and state law. ELECTIONS AB 4, Waldron. Voter notification Chapter 29 Under existing law, if an individual submits an affidavit of registration or updates the address on his or her voter registration, a county elections official is required to send the individual 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 6 a non-forwardable, first-class voter notification card alerting the voter of the completed affidavit of registration or the updated address change. This statute permits an elections official to notify an individual by text message or email when an affidavit of registration is submitted or updated in accordance with existing law. AB 187, Gloria. Political Reform Act of 1974: local ballot measure contribution and expenditure reporting Chapter 183 The Political Reform Act of 1974 provides that if a committee receives contributions totaling $2,000 or more in a calendar year and is subject to a specified reporting requirement, the committee is required to file online or electronically with the Secretary of State each time it makes contributions of independent expenditures of at least $5,000 to support or oppose the qualification or passage of a single state ballot measure. Existing law requires that the filing occur within 10 business days of the contribution or independent expenditure and that it contain detailed information relating to the committee, ballot initiative, and contribution or independent expenditure. This statute expands the reporting requirement to include each time such committee makes contributions or independent expenditures aggregating $5,000 or more to support or oppose the qualification of a single local initiative or referendum ballot measure. The statute requires the report be filed in a specified manner within 10 business days of reaching the aggregated dollar threshold. The statute prescribes the information to be included in each report. AB 195, Obernolte. Local initiative measures: ballot printing specifications Chapter 105 A recent court decision construed current statutory requirements concerning local tax measures for inclusion on ballot statements as only applying to local initiative measures (i.e., measures that are placed on the ballot through a petition signed by voters of the local jurisdiction) and not applicable to measures placed on the ballot by a legislative body. This statute requires the ballot statement for all local ballot measures that impose a tax or raise the rate of a tax, including measures authorizing the issuance of bonds or the incurrence of debt, to include in the statement of the measure to be voted on the amount of money to be raised annually and the rate and duration of the tax to be levied. AB 249, Mullin. Political Reform Act of 1974: campaign disclosures Chapter 546 content and format of disclosure statements required on specified campaign advertisements in a manner that generally requires such disclosures to be more prominent. The Act also requires an advertisement that is paid for by a recipient committee and that supports or opposes a candidate or ballot measure to include the words "committee major funding from" followed by the names of the three top contributors of $50,000 or more to the committee paying for the advertisement, as specified. This disclosure requirement does not apply to an advertisement paid for by a political party committee 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 7 or a candidate's own campaign committee. The Act requires the disclosure statements to comply with specified formatting, display, legibility, and audibility requirements that generally will result in disclosures that are more prominent than is required under existing law. The Act also establishes new requirements for determining when contributions are considered to be "earmarked." AB 469, Cooper. Candidates: nomination documents Chapter 839 This statute decreases the number of signatures required on an in-lieu-filing-fee petition and deletes the authorization that allows a candidate to submit a supplemental petition to cover any deficiency but permits the candidate to pay a pro rata portion of the filing fee. This statute also requires in-lieu-filing-fee petitions to be made available 60 days, instead of 45 days, before the first day for circulating nomination papers. AB 606, Berman. State voter information guides Chapter 656 This statute deletes provisions of law that require the text of each state measure to be printed in the state voter information guide and instead requires the state voter information guide to include a notification informing voters that the text of each state measure is available on the AB 765, Low. Local initiative measures: submission to the voters Chapter 748 This statute eliminates the requirement that a special election be held to vote on a local initiative measure even if the larger specified number of signatures have been submitted. Instead, this statute generally provides for the initiative measure to be submitted to voters at the next statewide election for counties or the next regularly scheduled election for cities or districts. The statute also expressly provides the governing board of a county, city, or district has the discretion to call a special election for local initiative measure before the date the otherwise qualified ballot measure would qualify for the ballot so long as the special election is not less than 88 days nor more than 103 days after the order of the election. AB 837, Low. No party preference voters: partisan primary elections Chapter 837 This statute makes changes to partisan primary election processes and procedures to expand voting process opportunities for voters who decline to disclose a political party preference. This statute allows a voter who declines to disclose party preference to request a ballot to vote in fuse the request. 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 8 AB 840, Quirk. Elections: vote by mail and provisional ballots Chapter 820 This statute allows a person who votes by mail but fails to sign the vote by mail ballot envelope to submit a completed ballot statement by email, including a representation under penalty of perjury that the voter is a resident of the precinct in which the voter voted and is the person whose name appears on the vote by mail ballot. AB 867, Cooley. Political Reform Act of 1974: contributions Chapter 749 This statute generally makes various technical, organizational, non-substantive revisions to the Political Reform Act, inclu relocating various terms and reporting requirements to their own sections in the Act. The statute also adds -de at AB 895, Quirk. Political Reform Act of 1974: campaign statements: filing Chapter 111 This statute eliminates the requirement for candidates and committees that file campaign statements online or by electronic means to file a copy of those statements in a paper format, pending a determination of the Secretary of State that the state's online and electronic disclosure systems are operating effectively. AB 918, Bonta. California Voting for All Act Chapter 845 This statute expands the availability and accessibility of facsimile ballots in languages other than English in situations where such facsimile ballots are required to be made available pursuant to existing law and allowing voters who vote by mail to request facsimile copies in the preferred language of each voter. AB 1104, Chau. The California Political Cyberfraud Abatement Act Chapter 715 Existing law makes it unlawful for a person to engage in certain activities that mislead, deceive, or defraud another regarding political web site of a ballot measure. This statute extends the law to cover web sites purporting to support or oppose candidates for public office. AB 1154, Nazarian. Official canvass: one-percent manual tally Chapter 88 Under existing law, during the official canvass of an election in which a voting system issued, the elections official conducts a public manual tally of the ballots cast in 1% of the precincts chosen at random by the elections official. This statute prohibits the elections official from randomly choosing such precincts for the manual tally until after the close of the polls on election day. 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 9 AB 1344, Weber. Voting rights: inmates and persons formerly incarcerated Chapter 796 Existing law provides that a person is entitled to register to vote if he or she is a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election. This statute requires the California Department of Corrections and Rehabilitation and county probation departments to provide specified voting rights information to persons under their jurisdiction upon request of such person. AB 1367, Berman. Improper signature-gathering tactics Chapter 848 Under existing law it is a crime to make a false affidavit concerning an initiative, referendum, or recall petition or the signatures appended to such petitions. Although the law applies to petition circulators, it is unclear that others associated with such documents are also liable. This statute provides that a person, company, organization, company official, or other organizational officer in charge of a person who circulates an initiative, referendum, or recall petition, or who knowingly directs an affiant to make a false affidavit, or who knows or reasonably should know that an affiant has made a false affidavit concerning an initiative, referendum, or recall petition or the signatures appended thereto, is punishable by a fine not exceeding $5,000, by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment. SB 117, Committee on Budget and Fiscal Review. Elections Chapter 180 The State Legislature has p Chapter 832, Stats 2016) which permits counties to conduct elections in which all voters are mailed ballots, and voters have the opportunity to vote on those ballots or to vote in person at a vote center for a period of 10 days leading up to election day. Fourteen specified counties, including the County of Orange, are permitted to conduct elections under this system in 2018, while the remaining counties may use this system beginning in 2020. (The County of Orange has declined participation in the 2018 elections.) In counties that transition to the CVCA, voters will have a significantly different voting experience than in elections conducted using a traditional, polling place-model of elections. For example, counties that conduct elections in accordance with the CVCA are not required to operate polling places on election day. Instead, the counties will operate vote centers at which voters have the opportunity to vote in person. Counties will have fewer vote centers than the number of polling places that they had, but those vote centers will be open for a much longer period of time (up to 10 days), and voters will have the flexibility of voting at any vote center in the county. In light of these significant changes in the voter experience under the CVCA, successful implementation of the CVCA will require robust voter education and community outreach. This statute, SB 117, requires the Secretary of State to coordinate on voter education and community outreach with the counties that will use the CVCA in 2018 with the goal of ensuring consistent messaging to voters in those counties, and to serve as a guideline for voter education and community outreach efforts as other counties transition to the vote center model in the future. This statute also allows the Secretary of State to hire an outside consultant to help the Secretary of state prepare a report required by the Legislature under SB 450 on the implementation Act. 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 10 SB 226, Hertzberg. Political Reform Act of 1974: slate mailers Chapter 855 Existing law regulates slate mailers, a mass mailing which supports or opposes a total of four or more candidates or ballot measures. This statute provides that slate mailers that identify themselves or their source material as representing a nongovernmental organization composed of, represents, or is affiliated with, a public safety personnel, the slate mailer organization must disclose on the mailing, in a specified format, whether the slate mailer organization actually represents any public safety personnel and the total number of law enforcement, firefighting, emergency medical, or other public safety members in the nongovernmental organization identified in the slate mailer. SB 235, Allen. Elections: ballot designation requirements Chapter 512 Candidates for elected office can use certain titles, positions, and terms for their respective ballot designations. One option for elected offices is the use of no more than 3 words designating current principal professions, vocations, and occupations. This statute eliminates the 3 word option for candidates for judicial office. A candidate for judge can only use some variation of -at- the issue the Legislature addressed with this statute? According to research conducted by Los Angeles County Superior Court Judge Randolph Hammock, between 2006 and 2016 in Los Angeles County, there were 41 Deputy District Attorneys (DDA) who were candidates for superior court judge. Only SB 286, Stern. Elections: voting Chapter 806 This statute permits a voter who has been issued a vote by mail ballot, and who goes to a polling place, a vote center, or an office or satellite office of the elections official where voting is permitted, but who is unable to surrender his or her vote by mail ballot, to vote a non-provisional ballot. The precinct board, vote center election board, or elections official must: a) Verify that the voter has not returned the vote by mail ballot; and, b) Notate the voter's record to ensure that the vote by mail ballot is not cast or tabulated after the person votes at the polling place. 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 11 SB 358, Stern. Political Reform Act of 1974: Secretary of State: online filing and disclosure system Chapter 624 This statute requires the Secretary of State to include o disclosed campaign finance information. Under this statute the Secretary of State must update these hyperlinks no later than December 31 of each year. SB 511, Stern. Elections: Secretary of State Chapter 394 This statute requires the Secretary of State to make reasonable efforts to promote voter registration and voting by doing the following: a) Promote voter registration to eligible voters; b) Encourage eligible voters to vote; c) Promote pre-registration to eligible citizens; and, d) Promote civic learning and engagement to prepare students and new citizens to register to vote and to vote. The statute further requires the Secretary of State to prioritize communities that have been historically underrepresented in voter registration or voting. SB 568, Lara. Primary elections: election date Chapter 335 Existing law requires that the presidential primary election be held on the first Tuesday after the first Monday in June in presidential election years and requires that it be consolidated with the statewide direct primary election held in that year. This statute moves the primary election in non-Presidential years from the first Tuesday after the first Monday in June to the first Tuesday after the first Monday in March and moves the primary election in Presidential years from the first Tuesday after the first Monday in June to the first Tuesday after the first Monday in March. The statute becomes effective on January 1, 2019. SB 665, Moorlach. Elections: ballot measures Chapter 75 This statute requires an organization or association submitting a ballot measure argument to also submit additional information to the applicable city or county elections official to enable the city or county elections official to determine if it qualifies as a bona fide association of citizens. An organization or association submitting an argument for or against a state, county, city, or school district ballot measure is required to submit with its argument a copy of one of the following: a) Its articles of incorporation, articles of association, partnership documents, bylaws, or similar documents; b) Letterhead containing the name of the organization and its principal officers; or, c) If the organization or association is a primary formed committee established to support or oppose the measure, its statement of organization filed pursuant to existing law. The statute prohibits the Secretary of State, the county or city elections official, or the person conducting the election, from considering the type of documentation submitted or the form of the association when selecting an argument from among bona fide associations of citizens. 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 12 EMPLOYMENT / LABOR RELATIONS AB 46, Cooper. Employers: wage discrimination Chapter 776 Act will now prohibit private and public employers from paying any of its employees at wage rates less than the rates paid to employees of the opposite sex for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions, unless the employer demonstrates that one or more specific factors, reasonably applied, account for the entire wage differential. The Act also similarly prohibits a public or private 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. An employee paid lesser wages in violation of these prohibitions is authorized to file a complaint with the Division of Labor Standards Enforcement, and the employee, the division, or the Department of Industrial Relations is also authorized to commence a civil action for the wages the employee was deprived of because of the violation, interest on those wages, and liquidated damages. The Act also provides that a private employer or other person who violates or causes a violation of that prohibition, or who reduces the wages of any employee in order to comply with that prohibition, is guilty of a misdemeanor. The statute specifically provides that a public not employer is subject to such misdemeanor violation provisions. AB 119, Committee on Budget. State government Chapter 21 AB 119 is a general government trailer statute associated with the 2017-18 budget. Of potential interest to local government are the following provisions: 1. The statute requires that public employers covered by certain legislation, including the Myers-Milias-Brown Act, must allow the exclusive representative of employees covered by requires that the structure, time, and manner of exclusive representative access to an orientation be determined through negotiation between the pubic employer and the exclusive representative; 2. The statute also requires the pubic employer to provide the exclusive representative with the name, job title, department, work location, work, home, and personal cellular telephone numbers, personal email addresses on file with the employer, and home address of newly hired employees within 30 days of hire or by the first pay period of the month following the hire; and 3. The Public Records Act exempts from public inspection the home addresses, home telephone numbers, personal cellular telephone numbers, and birth dates of all employees of public agencies. This statute extends this exemption to include the personal email addresses of employees of public agencies unless the personal email address is used by the employee to conduct public business. 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 13 : industrial disability retirement Chapter 512 This statute extends the sunset date for the Industrial Disability Retirement (IDR) provided to safety members of the California Public Employee's Retirement System (CalPERS) from January 1, 2018, to January 1, 2023. AB 579, Flora. Apprenticeship: fire protection: firefighter pre-apprenticeship program Chapter 344 This statute requires the Division of Apprenticeship Standards (DAS), in collaboration with the California Firefighter Joint Apprenticeship Committee (CAL-JAC), to develop a statewide firefighter pre-apprenticeship program (Program) designed to recruit candidates from underrepresented groups. AB 585, Gipson. Public officers Chapter 107 This statute specifies that the term police-security officer includes an officer employed by a chief of police division that is within a city department that operates independently of the city police department, e.g., a police security officer who is employed by a Port Authority or an Airport Authority with a department head other than the chief of police of a city or a county sheriff. Chapter 108 This statute provides greater flexibility in permitting a CalPERS member who becomes CalPERS membership. AB 1008, McCarty. Employment discrimination: conviction history Chapter 789 This statute provides that it is an unlawful employment practice for employment for an employer (including public agencies) with 5 or more employees to (1) include on an application for emplo inquire into or consider the conviction history of an applicant until that applicant has received a conditional offer of employment; and (3) when conducting a conviction history background check, to consider, distribute, or disseminate information related to specified prior arrests, diversions, and convictions. This statute also requires an employer who intends to deny an applicant a position of employment solely or in pa relationship with the specific duties of the job, and to consider certain topics when making that assessment. If an employer makes a preliminary decision to deny employment based on that individualized assessment, the employer is required to provide the applicant written notification of the preliminary decision. The applicant has 5 business days to respond to that notification before 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 14 the employer may make a final decision. If the applicant notifies the employer in writing that the applicant disputes the accuracy of the conviction history and is obtaining evidence to support that assertion, the applicant has an additional 5 business days to respond to the notice. This statute requires an employer to consider information submitted by the applicant before making a final decision and if the final decision is denial, the employer must notify the applicant in writing. This statute exempts specified positions of employment, including positions with a criminal justice agency as defined under law. AB 1309, Cooley. Employment without reinstatement: failure to enroll or report: fee Chapter 261 Current law allows retired CalPERS members to return to employment with CalPERS employers while receiving a retirement allowance under certain specified conditions. These include a waiting period of 180 days between the date of retirement and when the member may return to work, a limitation of 960 working hours per year, and a stipulation that retired members may not accrue service credit or make contributions to CalPERS during their post-retirement employment. Public agency and school employers are required to enroll for tracking purposes any retired members working during retirement at the time they are hired. This statute authorizes CalPERS to assess a fee of $200.00 per month to incentivize employers to enroll and provide timely information on retired annuitants working during retirement. The statute also prohibits employers from passing onto employees any fees assessed pursuant to this bill. AB 1339, Cunningham. Public employment: background investigations Chapter 89 Existing law requires an employer, upon request of a law enforcement agency that is conducting a background investigation for first-time applicants for a peace officer position, to disclose employment information relating to a current or former employee, subject to specified conditions. This statute extends such employer disclosure requireemnts to include information regarding a current or former employee who is an applicant for a position with a law enforcement agency other than as a peace officer. SB 285, Atkins. Public employers: union organizing Chapter 567 This statute prohibits public employers from deterring or discouraging membership by public employees in an employee organization; delegates to the Public Employment Relations Board (PERB) jurisdiction over acts in violation of these provisions; provides that the PERB's powers and duties shall apply, and defines "employee organization," "public employee," and "public employer" by reference to existing statutory definitions governing public employer- employee labor relations. 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 15 SB 334, Dodd. Enhanced industrial disability leave Chapter 857 This statute provides enhanced industrial disability leave to state employees who are members of Bargaining Unit 8 (CAL FIRE firefighters). SB 396, Lara. Employment: gender identity, gender expression, and sexual orientation Chapter 858 This statute requires employers with 50 or more employees to include, as a component of the existing prescribed sexual harassment training and education for supervisors, training inclusive of harassment based on gender identity, gender expression, and sexual orientation. The statute further requires each employer to post a poster developed by the Department of Fair Employment and Housing (DFEH) regarding transgender rights in a prominent and accessible location in the wor with employment barriers for the purposes of prioritizing workforce investment funds, and encourages the selection of organizations which serve transgender and gender nonconforming individuals to workforce investment boards. Chapter 241 on- controversial, and cost-neutral amendments to portions of the Government Code that affects CalPERS. The bill is sponsored by CalPERS. Technical changes include: 1) Removing references to age limits with regards to the requirement that CalPERS provide structured pre-retirement information seminars; 2) Clarifying that a one-year final compensation calculation only applies to service credit accrued wit public agencies that elect to contract for that benefit; 3) Requiring employers to identify and report special compensation for classic members; 4) Exempting certain retirement transactions from spousal signature requirements; and clarifying that the terms minimum of 12 months or result in death. ENVIRONMENT AB 245, Quirk. Hazardous waste: enforcement Chapter 499 Existing law permits the Department of Toxic Substances Control or an agency authorized to implement and enforce certain laws relating to hazardous materials, known as a unified program agency, to enforce the Hazardous Waste Control Law. Existing law authorizes the department or a unified program agency to issue an order that requires a violation to be corrected and imposes an administrative penalty when there is a violation of the hazardous waste control laws, laws regulating hazardous substances, or any permit, rule, regulation, standard, or requirement issued or adopted pursuant to those laws. Under existing law, a person who does not comply with the order is subject to a civil penalty of not more than $25,000 for each day of noncompliance. In lieu of an administrative penalty, existing law makes any person who intentionally or negligently makes a false statement or representation for purposes of compliance with the hazardous waste 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 16 control laws, violates a provision of the hazardous waste control laws, disposes or causes the disposal of a hazardous waste at an unauthorized site, or treats or stores a hazardous waste at an unauthorized site liable for a civil penalty not to exceed $25,000, as specified. This statute would increase these administrative and civil penalties to $70,000. AB 246, Santiago. Environmental quality: Jobs and Economic Improvement Through Environmental Leadership Act of 2011 Chapter 522 The Jobs and Economic Improvement Through Environmental Leadership Act of 2011 authorizes the Governor, until January 1, 2018, to certify projects that meet certain requirements, including the requirement that the project is certified as LEED silver or better by the United States Green Building Council, achieves a 10% greater standard for transportation efficiency than for comparable projects, and creates high-wage, highly skilled jobs that pay prevailing wages and living wages, for streamlining benefits provided by that act. The act provides that if a lead agency fails to approve a project certified by the Governor before January 1, 2019, the certification expires and is no longer valid. The act requires a lead agency to prepare the record of proceedings for the certified project concurrent with the preparation of the environmental documents. The act is repealed by its own terms on January 1, 2019. This statute would increase the certification of the project to LEED gold or better and increase the transportation efficiency to a 15% greater standard. This statute would require the project applicant to demonstrate compliance with requirements for commercial and organic waste recycling, as applicable. This statute would extend the authority of the Governor to certify a project to January 1, 2020. This statute would provide that the certification expires and is no longer valid if the lead agency fails to approve a certified project before January 1, 2021. The statute would repeal the act on January 1, 2021. The act requires the Judicial Council to adopt a rule of court to establish procedures for a project to ensure that the judicial review is completed within 270 days of the certification of the record of proceedings for the project. This statute would instead require the judicial review to be completed within 270 days of the filing of the certified record of proceedings with the court [[2138,2282,2300,2339][12][,I,][Times New Roman]]to the [[300,2340,615,2397][12][,I,][Times New Roman]]extent feasible [[587,2340,637,2397][12][,,][Times New Roman]]. [[600,2340,663,2397][12][,,][Times New Roman]] [[625,2340,675,2397][12][,,][Times New Roman]] AB 593, Gloria. Structural Fumigation Enforcement Program Chapter 225 This Statute extends the sunset on the Structural Fumigation Enforcement Program (SFEP) from January 1, 2018, to January 1, 2023. The SFEP authorizes the Agricultural Commissioners of Los Angeles, Orange, Santa Clara, and San Diego Counties to perform increased structural fumigation, inspection, and enforcement activities and requires any company that performs structural fumigation in any of these counties to pay a fee for each fumigation. 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 17 AB 615, Cooper. Air Quality Improvement Program: Clean Vehicle Rebate Project Chapter 631 This statute extends the sunset on income eligibility restrictions under the Clean Vehicle Rebate Project to July 1, 2019, which includes rebates to applicants who purchase an eligible vehicle and have a specified maximum gross annual income. AB 617, Cristina Garcia. Non-vehicular air pollution: criteria air pollutants and toxic air contaminants Chapter 136 This statute requires the Air Resources Board (ARB) to improve air pollution data collection and reporting; requires expedited pollution control retrofit of large stationary sources; increases penalties for air pollution violations; requires enhanced air pollution monitoring; requires ARB to adopt a statewide emissions reduction strategy targeting pollution-burdened communities; and requires ARB and air districts to implement community emissions reduction programs. AB 1218, Obernolte. California Environmental Quality Act: exemption: bicycle transportation plans Chapter 149 Existing law exempts from CEQA certain bicycle transportation plans for an urbanized area for restriping of streets and highways, bicycle parking and storage, signal timing adjustments, and related signage until January 1, 2018. This statute extends the sunset to January 1, 2021. AB 1328, Limón. Oil and gas: water quality Chapter 758 This statute authorizes a regional water quality control board (RWQCB) or the State Water Resources Control Board (SWRCB), while conducting an investigation of wastewater discharge produced from an oil or gas field, to require a person or entity to provide information for all chemicals in the discharged wastewater. AB 1343, Chen. Water conservation: school districts: Go Low Flow Water Conservation Partnerships Chapter 90 This statute authorizes school districts to enter into a Go Low Flow Water Conservation Partnership with a public water system to reduce water use at schools, reduce stormwater and dry weather runoff at schools, reduce school site water pollution, and establish educational opportunities in water conservation. 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 18 AB 1646, Muratsuchi. Hazardous materials: unified program agency: integrated alerting and notification system Chapter 588 This statute requires a local implementing agency to develop an integrated alerting and notification system, in coordination with local emergency management agencies, unified program agencies, local first response agencies, and the public, to be used to notify the community surrounding a petroleum refinery in the event of an incident at the refinery. Under this statute, the enforcement or fire agency, joint powers agency, authority, or entity, or other local agency. AB 1647, Muratsuchi. Petroleum refineries: air monitoring systems Chapter 589 This statute requires community and fence-line air monitoring systems at and near each petroleum refinery. AB 1649, Muratsuchi. Oil refineries: public safety Chapter 590 This statute requires the California Environmental Protection Agency (CalEPA) to coordinate the activities of those state and local agencies with a regulatory role regarding refineries and requires CalEPA to convene at least two public meetings annually to provide members of the public with current information on refinery safety. SB 5, De León. California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Chapter 852 This statute provides for the adoption and implementation of the Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act (Act) of 2018, subject to voter approval in the June 2018 election. The statute provides for the issuance of $4 billion in general obligation bonds to implement its provisions. FINANCE / TAXATION AB 102, Committee on Budget. The Taxpayer Transparency and Fairness Act of 2017: California Department of Tax and Fee Administration: Office of Tax Appeals: State Board of Equalization Chapter 16 Assembly Statute 102 establishes the Office of Tax Appeals (OTA) to start hearing tax appeals on January 1, 2018. Beginning July 1, 2017, the new California Department of Tax and Fee Administration (CDTFA) This statute enacts the Taxpayer Transparency and Fairness Act of 2017. This legislation essentially transfers most of the responsibilities of the State Board of Equalization to a newly created Department of Tax and Fee Administration, which will be located within the Government Operations Agency, and will administer sales and use taxes, business and excise taxes, and various 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 19 fees. The Board of Equalization, which is established by Article XII, Section 17 of the California Constitution, will remain in existence but with its authority reduced to those expressly prescribed in the Constitution (i.e., property tax oversight, equalization and measurement of county assessments; state-assessed property tax assessments, collections and appeals; insurance tax assessments, collections and appeals; and alcoholic beverage tax assessment, collections and appeals). Assembly Statute 102 restricts Board of Equalization members from conducting certain activities such as disciplining, promoting, assigning, or demoting Board employees and interfering or influencing the process of legislative or revenue analysis. On January 1, 2018, the Board of Equalization will cease hearing appeals, except for those related to its continuing functions. The OTA will have a management team consisting of a director (subject to Senate confirmation), a chief deputy director, and a chief counsel, each appointed by the governor. The OTA will be responsible for hearing appeals from agency actions taken by both the Franchise Tax Board (for individual or personal income and corporate income and franchise taxes) as well as from the CDTFA. Within the OTA, there will be tax appeals panels consisting of three administrative law judges (ALJs). These ALJs must have state tax experience and each must also be a member of the California bar. OTA headquarters will be in Sacramento, with hearing offices in Sacramento, Fresno, and Los Angeles. The ALJs must issue written opinions for each appeal. The CDTFA will likewise be headquartered in Sacramento. It will be managed and supervised by a director (subject to Senate confirmation), a chief deputy director, and a chief counsel, all appointed by the governor. Its primary functions will be to administer state and local sales and use taxes, fuel and tobacco excise taxes, and a variety of other taxes and fees. AB 179, Cervantes. California Transportation Commission Chapter 737 This statute directs the Governor, when appointing commissioners to the California Transportation Commission (CTC), to use every effort to ensure that the CTC has a diverse membership with expertise in transportation issues, taking into consideration factors including socio-economic background and professional experience, including working in or representing disadvantaged communities; directs the CTC and the State Air Resources Board (ARB) to hold at least two joint meetings per calendar year to coordinate their implementation of transportation policies. This requirement is in addition to the existing requirement to use every effort to ensure geographic balance of representation. AB 523, Reyes. Electric Program Investment Charge: allocation Chapter 551 This statute requires the California Energy Commission to allocate the Electric Program Investment Charge monies for projects in disadvantaged and low income communities, including a mandate that the Commission spend 35% of its technology demonstration and deployment (TDD) funds at sites located in and benefiting disadvantaged (25%) and low-income (10%) communities, as defined, until July 1, 2023. AB 652, Flora. Property taxation: base year value: new construction 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 20 Chapter 80 This statute provides that new construction does not acquire a base year value for property tax purposes until the construction is completed. AB 733, Berman. Enhanced infrastructure financing districts: projects: climate change Chapter 657 This statute adds climate change projects to the list of projects that may be financed by an Enhanced Infrastructure Financing District, a financing tool for funding public capital facilities and other specified projects of community wide significance. AB 755, Eduardo Garcia. Local agencies: capital investment incentive program Chapter 709 Under existing law, counties and cities are authorized to establish a capital investment incentive program and requires those that choose to do so to pay a capital investment incentive amount to the proponent of a qualified manufacturing facility for up to 15 consecutive years, as specified. This statute extends the authorization for cities and counties to establish such programs from January 1, 2018, to January 1, 2019. AB 804, Cristina Garcia. Controller: internal control guidelines Chapter 317 More post-Bell fallout. In the wake of Bell, the Legislature adopted legislation that required the State Controller by January 1, 2015 to develop internal control guidelines designed to assist local agencies in establishing a system of internal controls to safeguard assets and prevent and detect financial errors and fraud. This statute allows the State Controller to audit any local agency (including charter cities) for purposes of determining whether the agency's internal controls are adequate to detect and prevent financial errors and fraud. AB 1189, Eduardo Garcia. Riverside County Transportation Commission: transactions and use tax Chapter 642 This statute increases the maximum transactions and use tax rate, from 0.5% to 1%, which Riverside County Transportation Commission may impose, subject to voter approval. AB 1194, Dababneh. Elections: local bond measures: tax rate statement Chapter 795 Existing law requires a local government agency when submitting to the voters a bond measure secured by an ad valorem tax, to provide the voters, along with a sample ballot, a statement that includes estimates of tax rates and debt service in connection with the measure, including estimates of the tax rates required to fund the bond issue during the first fiscal year after the first sale of the bonds and the first fiscal year after the last sale of the bonds. This statute requires this fiscal statement to include the best estimate from official sources of the average annual tax rate that would be required to be levied to fund the bond issue over the entire duration of the bond debt service and to identify the final fiscal year in which the tax is anticipated to be collected. 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 21 SB 130, Committee on Budget and Fiscal Review. Local government finance: property tax revenue allocations: vehicle license fee adjustments Chapter 9 The Vehicle License Fee adjustment is credited against the amount of property tax revenue that a city must pay towards their ERAF responsibility. Cities established after 2004 were unable to earn this adjustment and thus had a higher ERAF payment. These four cities are Wildomar, Menifee, Eastvale, and Jurupa Valley. This statute expands existing Vehicle License Fee (VLF) Adjustment to include these four cities. SB 450, Hertzberg. Public bodies: bonds: public notice Chapter 625 This statute requires the governing body of a public entity authorized to issue bonds, to obtain and disclose the following information in a meeting open to the public prior to authorizing the issuance of bonds with a term greater than 13 months: a) True interest cost of the bonds, meaning the rate necessary to discount the amounts payable on the respective principal and interest payment dates to the purchase price received for the new issue of bonds; b) Finance charge of the bonds, meaning the sum of all fees and charges paid to third parties; c) Amount of proceeds received by the public body for sale of the bonds less the finance charge for the bonds and any reserves or capitalized interest paid or funded with the proceeds of the bonds; and d) Total payment amount, meaning the sum total of all payments the borrower will make to pay debt service on the bonds plus the finance charge of the bonds not paid with proceeds of the bonds. Requires the total payment amount to be calculated to the final maturity of the bonds. FIREARMS AB 7, Gipson. Firearms: open carry Chapter 734 Existing law prohibits, with certain exceptions, openly carrying an unloaded handgun outside a vehicle while in or upon a public place or public street of an incorporated city or city and county or while in or upon a public place or public street within a prohibited area, being defined as any area in which it is unlawful to discharge a firearm. Existing law also prohibits, with certain exceptions, carrying an unloaded firearm that is not a handgun, such as a shotgun or rifle, while in an incorporated city or city and county but does not prohibit the carrying of an unloaded firearm other than a handgun in unincorporated areas of a county. AB 7 is intended to close a purported loophole that allows the open carry of certain guns in unincorporated areas and prohibit the carrying of, and make it a crime to carry, an unloaded 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 22 firearm other than a handgun while in or upon a public place or public street within a prohibited area located within the unincorporated area of a county. AB 693, Irwin. Firearms Chapter 783 This statute exempts the loan of a firearm from the requirement that the transaction be conducted through a dealer or by a dealer if the loan is made to a person enrolled in the course of basic training prescribed by the Commission on Peace Officer Standards and Training, or any other course certified by the commission, for purposes of participation in the course. This statute also makes the prohibition on large-capacity magazines inapplicable to the sale, gift, or loan of a large-capacity magazine to a person enrolled in the course of basic training prescribed by the Commission on Peace Officer Standards and Training. The statute also exempts a person in the basic training academy for peace officers or any other course certified by the Commission on Peace Officer Standards and Training, an instructor of the academy or course, or a staff member of the academy or entity providing the course, from existing prohibitions on large- capacity magazines and the requirement of buying ammunition through a licensed vendor. AB 1525, Baker. Firearms warnings Chapter 825 This statute updates warnings on packaging, instructional manuals, pamphlets, and signs posted at retailers relating to the risks of firearms to reflect recent updates in California law related to firearms. This statute also requires the State Department of Justice to develop a firearm safety certificate instruction manual and develop a written objective firearms safety test that would be administered by an appropriately qualified firearm safety instructor. GOVERNMENT / ORGANIZATION AB 428, Ridley-Thomas. Local government: the Ralph M. Brown Act Chapter 137 The Ralph M. Brown Act requires that all meetings of a legislative body of a local agency be open and public, except that closed sessions may be held under prescribed circumstances. Existing law authorizes the legislative body of a local agency to use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law provided that the teleconferenced meeting or proceeding complies with all otherwise applicable requirements and provisions of law relating to a specific type of meeting or proceeding. Existing law, until January 1, 2018, authorizes a health authority that conducts a teleconference meeting to count members who are outside the jurisdiction of the authority toward the establishment of a quorum when participating in the teleconference if at least 50% of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting, as specified. 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 23 This statute deletes the sunset provision and extends indefinitely the operation of the above provisions relating to the establishment of a quorum for teleconferenced meetings of a health authority. AB 464, Gallagher. Local government reorganization Chapter 43 This statute clarifies requirements regarding the availability of services, including electrical services by an irrigation district pursuant to a service area agreement approved by the Public Utilities Commission be included in any service plan submitted by an applicant seeking a change in organization or reorganization for LAFCO approval. AB 1540, Bloom. State dinosaur Chapter 264 Existing law did not provide for a state dinosaur. 66 million years ago in the outskirts of Fresno. AB 1556, Mark Stone. Employment discrimination: unlawful employment practices Chapter 799 This statute updates the Fair Employment and Housing Act (FEHA) to use gender inclusive references to individuals, thereby clarifying that all Californians are protected against discrimination, including pregnancy discrimination, regardless of their gender identity. Implements legislative goal of consistently using gender neutral terms throughout the FEHA. AB 1558, Cristina Garcia. Los Angeles River: river ranger program Chapter 452 This statute requires the Santa Monica Mountains Conservancy and the San Gabriel and Lower Low Angeles Rivers and Mountains Conservancy to collaborate with the Department of Parks and Recreation, the California Conservation Corps, and the State Lands Commission to develop a river ranger program to provide a network of river rangers to assist the public at sites along the Los Angeles River and its tributaries. AB 1620, Dababneh. Political Reform Act of 1974: post-government employment Chapter 800 This statute provides that when a member of the Legislature resigns from office, the existing prohibition against that member appearing before or communicating with the Legislature as a compensated representative of another person for the purpose of influencing legislative action applies from the time the member resigns until a year after the adjournment sine die of the session in which the resignation occurred, instead of applying for a period of one year after the person leaves office, as is the case under existing law. 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 24 SB 4, Mendoza. Medi-Cal: county organized health system: County of Orange Chapter 479 This statute requires governance of CalOptima (the county organized health system serving Orange County) to be vested in a governing body consisting of nine voting members and one nonvoting member. This statute specifies the membership categories of the CalOptima board and specifies the duties of board members, and their terms. This statute sunsets these provisions January 1, 2023. This statute contains an urgency clause and it went into effect upon its enactment on October 4, 2017. SB 31, Lara. California Religious Freedom Act: state agencies: disclosure of religious affiliation information Chapter 826 This statute, known as the California Religious Freedom Act, directs California state and local governments to refrain from initiating, participating in, or assisting with any program to ethnicity to achieve the same basic purpose. SB 45, Political Reform Act of 1974: mass mailing prohibition Chapter 827 State law prohibits mailings of more than 200 similar items sent in a single calendar month that feature an elected official and paid for by a government agency the elected official is affiliated with. The Fair Political Practices Commission has adopted regulations that implement this general prohibition and identify specific mailings that are permitted under the law. Permitted mailings include without l photo or signature) where the name is not treated separately from other elected officials, (2) nd (3) a business This statute codifies the FPPC regulations, including its list of items that are permitted. This statute also adds a provision that prohibits the mailing of any of the three kinds of mailings listed above when the mailing occurs within 60 days of an election. SB 50, Allen. Federal public lands: conveyances Chapter 535 This statute establishes a policy of the state to discourage conveyances of federal public lands in California to third parties and establishes a process at the State Lands Commission to implement or waive this policy as well as exempting routine conveyances from the federal government as well as exempting certain leases, tribal conveyances, and conveyances pursuant to a conservation plan. SB 205, Committee on Governance and Finance. Local Government Omnibus Act of 2017 Chapter 387 This statute makes several non-controversial changes to ten parts of strict interpretation of the single-subject and germaneness rules, the Committee on Governance 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 25 and Finance insists on a very public review of each item. More than 100 public officials, trade groups, lobbyists, and legislative staffers see each proposal before it goes into bill. Should any item in SB 205 attract opposition, the Committee will delete it. In this transparent This statute clarifies that the oath of office is required following election or appointment to office; the curricula for compliance for sexual harassment training must be approved by each of vacancy on its Web site instead of at a designated library. SB 206, 207, and 208, Committee on Governance and Finance. Validations Chapters 57, 58, and 59 The annual Validating Acts protect investors from the chance that a minor error might opinion cure technical errors, bond counsels are reluctant to certify bonds as good credit risks. SB 206, 207, and 208 gives legislative protection to public agencies and private investors. SB 302, Mendoza. Joint powers agencies: Orange County Fire Authority: funds Chapter 807 This statute adds a condition to existing law governing property tax transfers between cities, counties, or special districts, by requiring that the transfer of structural fire fund property tax revenues, as specified, be approved by the board of supervisors of Orange County, the city councils of a majority of OCFA member cities, and the OCFA, as long as the transfer does not violate existing law that requires structural fire fund revenues to be expended by the OCFA for fire protection purposes. SB 448, Wieckowski. Local government: organization: districts Chapter 334 This statute requires the State Controller to publish a list of inactive special districts and establishes a process for local agency formation commissions (LAFCOs) to dissolve inactive special districts. SB 742, Moorlach. City treasurers Chapter 77 This statute requires the city treasurer, if the city has issued bonds, to use a system of accounting and auditing that adheres to generally accepted accounting principles. 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 26 HEALTH / WELFARE AB 191, Wood. Mental health: involuntary treatment Chapter 184 This statute adds licensed marriage and family therapists and licensed professional clinical counselors to those health providers who are authorized to sign a notice of certification, as specified, when a patient is certified as needing intensive treatment for a mental health disorder or chronic alcoholism per the Lanterman-Petris-Short Act. AB 210, Santiago. Homeless multidisciplinary personnel team Chapter 544 Existing law authorizes counties to establish a child abuse multidisciplinary personnel team, as defined, to allow provider agencies to share confidential information in order to investigate reports of suspected child abuse or neglect or for the purpose of child welfare agencies making detention determinations, as specified. This statute would authorize counties to also establish a homeless adult and family multidisciplinary personnel team, as defined, with the goal of facilitating the expedited identification, assessment, and linkage of homeless individuals to housing and supportive services within that county and to allow provider agencies to share confidential information, as specified, for the purpose of coordinating housing and supportive services to ensure continuity of care. The statute would require the sharing of information permitted under these provisions to be governed by protocols developed in each county, as specified, and would require each county to provide a copy of its protocols to the State Department of Social Services. This statute would authorize the homeless adult and family multidisciplinary personnel team to designate qualified persons to be a member of the team for a particular case and would require every member who receives information or records regarding adults and families in his or her capacity as a member of the team to be under the same privacy and confidentiality obligations and subject to the same confidentiality penalties as the person disclosing or providing the information or records. The statute would also require the information or records to be maintained in a manner that ensures the maximum protection of privacy and confidentiality rights. certificate: unmanned aircraft Chapter 404 This statute allows commercial drone operations for the purposes of pesticide application for mosquito and vector control, provided that the drone operator complies with Federal Aviation Administration rules governing drone flight and the drone operator has approval from the California Department of Pesticide Regulation. The statute also creates a new pest control aircraft pilot (PCAP) certificate for drone operators, to be provided upon operators passing the exam, as specified. AB 611, Dababneh. Mandated reporters of suspected financial abuse of an elder or dependent adult: powers of attorney 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 27 Chapter 408 This statute authorizes a mandated reporter of elder financial abuse (who is typically an officer or employee of a financial institution) to refuse to honor a power of attorney as to an attorney-in-fact if the mandated reporter has made a report that the principal may be subject to elder financial abuse by the person exercising the power of attorney. AB 727, Nazarian. Mental Health Services Act: housing assistance Chapter 410 This statute expressly allows counties to spend Mental Health Services Act funds on housing assistance for people in the target population for programs that serve seriously emotionally disturbed children or adolescents and adults or older adults who have a serious mental disorder. AB 768, Aguiar- Chapter 83 Existing law allows the Secretary of Food and Agriculture or a county agricultural commissioner to levy civil penalties in lieu of criminal prosecution for violations of state laws 2018. This statute repeals the sunset date thereby indefinitely extending the civil penalties options for enforcement. AB 932, Ting. Shelter crisis: homeless shelters Chapter 786 Existing law allows cities and counties to declare a homeless shelter crisis if the governing body makes certain findings. Upon such determination, certain state and local laws can be suspended and the city or county can designate certain public facilities that can be occupied during such crisis. This statute allows certain northern California jurisdictions and the Cities of Los Angeles and San Diego to essentially suspend existing local building laws, procedures, and standards and adopt and implement alternate standards for homeless shelters, subject to review by the Department of Housing and Community Development and periodic reporting to the State Legislature. SB 563, Lara. Residential wood smoke Chapter 671 This statute establishes a voluntary program administered by California Air Resources Board to replace old wood-burning stoves with cleaner and more efficient alternatives in order to achieve short- and long-term climate benefits and localized public health benefits. The statute also authorizes moneys from the Greenhouse Gas Reduction Fund to be allocated for incentives offered as part of the program. By adding to the duties of air districts, this bill imposes a state-mandated local program. 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 28 HOUSING AB 199, Chu. Public works: private residential projects Chapter 610 This statute updates the Labor Code to ensure that private residential projects built on private property, paid for in whole or in part out of public funds, and built pursuant to an agreement with a successor agency to a redevelopment agency when acting in that capacity, are subject to public works requirements, including the payment of prevailing wages. AB 571, Eduardo Garcia. Farmworker housing: income taxes: insurance tax: credits: low- income housing: migrant farm labor centers Chapter 372 This statute makes changes to the farmworker housing tax credit set-aside within the Low Income Housing Tax Credit Program and to the Department of Housing And Community Development's Office of Migrant Services by making various changes to the Program set-aside for farmworker housing developments intended to make the projects more feasible and increase the supply of farmworker housing. AB 1086, Housing: regional housing needs Chapter 206 Pursuant to state planning laws, cities and counties are required to adequately plan to meet their respective existing and projected housing needs including their share of the regional housing need. The law recognizes the most critical decisions regarding housing development occur at the local level within the context of the general plan. In order for the private sector to adequately address housing needs and demand, cities and counties are required to regularly update their general plans, zoning, and development standards to provide opportunities for, and do not unduly constrain, housing development for all income groups. This statute makes changes to the process for determining the population projections for the Regional Housing Needs Assessment (RHNA) allocation. AB 1137, Maienschein. Housing developments: pet permissibility Chapter 791 This statute requires housing developments financed through the Department of Housing and Community Development to authorize a resident of a housing development to own one or more common household pets, including a dog or a cat, that is commonly kept in a home for pleasure rather than commercial purposes. AB 1521, Bloom. Land use: notice of proposed change: assisted housing developments Chapter 377 The existing Affordable Housing Preservation Law Preservation Notice Law describes various actions that owners of rental properties affordable to low income households due to certain subsides or restrictive covenants must take prior to prepaying subsidized mortgages, terminating rental subsidies, or otherwise allowing covenants protecting the affordability of the rental units to expire. This statute amends the existing Affordable Housing Preservation Law by requiring that 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 29 rental housing with expiring federal and/or state subsidies and/or affordability protections be offered for sale first to qualified preservation purchasers at market value and that owners of expiring affordable rental properties accept any market-rate purchase offer from a qualified prese additionally requires the Department of Housing and Community Development to monitor compliance with the law and allows affected tenants and local governments the right to enforce the law. AB 1568, Bloom. Enhanced infrastructure financing districts Chapter 562 After the dissolution of redevelopment agencies in 2011, the Legislature created a few new tools to help cities and counties finance infrastructure improvements, including the creation of Enhanced Infrastructure Financing Districts (EIFDs). Thus city councils and boards of supervisors are authorized to establish an EIFD to capture property tax increment, adopt an infrastructure financing plan, and issue bonds upon approval by 55% of the voters, in order to finance public capital facilities or other specified projects of communitywide significance, including, but not limited to, brownfield restoration and other environmental mitigation, the development of projects on a former military base, transit priority projects, and projects to implement a sustainable communities strategy. Existing law also allowed other affected taxing entities to participate in the EIFD by contributing their property tax increment revenues to the EIFD, and provided the method for this division and allocation of taxes. This statute establishes the Neighborhood Infill and Transit Improvements (NIFTI) Act as a part of the EIFD law and allows city councils and boards of supervisors to create EIFDs and to allocate sales and use taxes in addition to property tax increment to qualified EIFDs for affordable housing purposes. AB 1598, Mullin. Affordable housing authorities Chapter 764 their respective jurisdictions, modelled after Community Revitalization and Investment Authority (CRIA) law, to fund activities related to the promotion and development of affordable housing. from a local sales and use tax or transactions and use tax, provided that the use of those revenues by the authority is consistent with the purposes for which that tax was imposed. The statute also contains the process for forming the authority, the governance structure of the authority, and requires the authority to adopt an affordable housing investment plan and what that plan must contain. The statute also provides for the financing of the activities of the authority by, among other things, the issuance of bonds serviced by funds received pursuant to those property tax increment revenues or other tax revenues allocated to the authority. 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 30 SB 2, Atkins. Building Homes and Jobs Act Chapter 364 Existing law established several programs at the Department of Housing and Community Development (HCD) and the California Housing Finance Agency (CalHFA) to make housing more affordable to California families and individuals. Each county was authorized to impose a fee for recording and indexing every instrument, paper, or notice required or permitted by law to be recorded. The base rate of the fee is $10 for recording the first page and $3 for each additional page. This statute establishes the Building Homes and Jobs Trust Fund (the Trust Fund) within the State Treasury and imposes, beginning January 1, 2018, a $75 fee on every real estate instrument, paper, or notice, that is required or permitted by law per each single transaction per parcel of real property, excluding real estate instruments, papers, or notices recorded in connection with a transfer subject to a documentary transfer tax or with a transfer of real property that is a residential dwelling to an owner-occupier. The fee imposed by this provision of the statute may not exceed $225. During the first year the statute is in effect, calendar year 2018, the statute provides that 50% of the funds will be available to local governments to update planning and zoning documents and ordinances, including related environmental analysis, to streamline housing production. The funds will be held by Department of Housing and Community Development and dispersed to local agencies upon request and submission of documentation that the resulting plan and ordinance amendments will result in an acceleration of housing production. For all subsequent years, commencing on January 1, 2019, the statute provides the funds will be allocated as follows: a) Twenty percent of all the money in the Trust Fund shall be expended for affordable owner-occupied workforce housing. b) Seventy percent of moneys in the Trust Fund shall be made available to local governments as follows: i) Ninety percent of the moneys shall be allocated based on a formula, as specified, except that the portion allocated for non-entitlement areas shall be distributed through a competitive grant administered by HCD; ii) Ten percent of the money shall be allocated equitably amount local jurisdictions that are non-entitlement areas pursuant to a formula, as specified; and iii) Requires local governments to document specified standards to receive moneys. c) Thirty percent of moneys deposited in the fund shall be made available to HCD as follows: i) Five percent shall be used for state incentive programs including loan and grant programs administered by HCD. If HCD received insufficient applications for incentive programs the funds shall be made available for MHP; 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 31 ii) Ten percent shall be used to address affordable homeownership and rental housing opportunities for agricultural workers and their families; and iii) Fifteen percent shall be continuously appropriated to the CalHFA for the purpose of creating mixed income multifamily residential housing for lower or moderate income households. SB 3, Beall. Veterans and Affordable Housing Bond Act of 2018 Chapter 365 This statute enacts the Veterans and Affordable Housing Bond Act of 2018 and authorizes the issuance of $4 billion in general obligation (GO) bonds for affordable housing programs and a election. SB 136, Leyva. Mobilehome parks: mobilehome park program funding Chapter 766 This urgency statute permits the Department of Housing and Community Development, as part of the Mobilehome Park Rehabilitation and Resident Ownership Program to contract directly with nonprofit corporations to deliver technical assistance to mobilehome park residents or community-based nonprofit corporations to assist mobilehome park residents in acquiring, financing, operating, and improving mobilehome parks occupied by low- and moderate income households. SB 147, Dodd. Mobilehome parks: residency Chapter 767 This statute clarifies the law governing guests, companions, and live-in caregivers in the mobilehome context and modifies those laws to conform with disability accommodation law, by clearly stating that a homeowner living alone may share occupancy with one companion and management may not impose a fee for that person. SB 329, Leyva. Manufactured homes: financial assistance programs Chapter 727 This statute requires all state and local programs designed to facilitate home ownership or residence, including loan origination and repayment programs, down payment assistance, and tax credits, to include manufactured housing to the extent feasible. A CalHFA loan program is deemed to comply if it includes manufactured housing in conformance with the guidelines of a government 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 32 SB 330, Berryhill. Building permit fees: waiver Chapter 281 This statute permits a city or county to waive or reduce all building permit fees for improvements to the home of a veteran with a qualifying disability that are made to accommodate that disability. SB 400, Portantino. Highways: surplus residential property Chapter 868 This statute prohibits Caltrans from increasing the rent of a tenant who resides in a surplus residential property located within the SR 710 corridor in Los Angeles County and participates in SB 540, Roth. Workforce Housing Opportunity Zone Chapter 369 This statute streamlines the approval process to spur housing construction by providing for the identification of locations where housing can be built pursuant to a specific, up-front plan for a Workforce Housing Opportunity Zone or WHOZ coupled with the concurrent completion of all important and necessary environmental reviews and public engagement. For the next five years, absent unforeseen environmental conditions, a locality may not deny a development that meets the mitigation requirements under this bill, and is located within the WHOZ. Under this statute, because the local government has fully conducted the necessary environmental reviews, no project-specific additional environmental reviews would be needed, allowing for housing developments within these planned areas to proceed in an expedited manner. A project must be approved or rejected within 90 days of a submitted application. The statute requires that within a WHOZ, the locality shall identify the distribution and location of a minimum of 100 units to a maximum of 1,500 residential dwelling units. No more than 50% of the RHNA shall be within the zone. Within a WHOZ, at least 30% of the total units constructed or substantially rehabilitated in the zone must be sold or rented to moderate- or middle- income persons or families; at least 15% must be sold or rented to lower-income persons or families; and at least 5% must be restricted to very-low income persons or families. No more than 50% of the total units constructed or substantially rehabilitated may be sold or rented to persons or families of above moderate- income. According to the sponsors, these percentages were proposed following discussions around the creation of Community Revitalization Investment Authorities. Additionally, a development within the WHOZ that is affordable to persons above moderate income shall have no less than 10% of the units available for lower-income households, unless the locality has adopted a local ordinance is greater than 10%, in which case the local ordinance applies. 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 33 LAND USE / ZONING AB 72, Santiago. Housing Chapter 370 This statute gives the Department of Housing and Community Development authority to find a city's or county's housing element out of substantial compliance if it determines that the city, county or county acts or fails to act in compliance with its housing element, and allows HCD to refer violations of law to the Attorney General (AG). Specifically, this statute: 1. Requires HCD to review any action or failure to act by a city or county that it determines is inconsistent with: an adopted housing element; its inventory of sites suitable to accommodate the city's or county's regional housing needs assessment (RNHA); and/or a program to rezone sites to meet the city's or county's RNHA; 2. Allows HCD to revoke its findings that a housing element or an amendment to the housing element is in substantial compliance, until the city or county comes into compliance, if it determines that an action or failure to act by a city or county does not substantially comply with housing element law; 3. Allows HCD to consult with and to receive any written comments from a city, county, public agency, group, or person regarding a city's or county's action or failure to act to determine whether or not a housing element is in substantial compliance with housing element law; and 4. Requires HCD to notify the local government of a violation of law and gives HCD authority to refer a violation to the Office of the Attorney General if it finds that the city or county has violated the law by taking any action contrary to the housing element or an amendment to the element, or any action or failure to act pursuant to this statute or that any city and county has taken an action in violation of the following: a) The Housing Accountability Act (Government Code (GOV) Section 65589.5); b) No-net-loss-in zoning density law limiting downzoning and density reductions (GOV Section 65863); c) Density Bonus Law (GOV Section 65915). AB 250, Gonzalez Fletcher. State Coastal Conservancy: Lower Cost Coastal Accommodations Program Chapter 838 This statute requires the State Coastal Conservancy (SCC) to develop and implement a Lower Cost Coastal Accommodations Program (Program) to improve the availability of lower cost accommodations along the coast. The statute would require the conservancy to take specified actions to develop and implement the program including the preparation of a lower cost coastal accommodations assessment containing specified information relating to specific opportunities to improve existing, and generate new, lower cost coastal accommodations, and to update the assessment not less than every 5 years. The statute also authorizes the conservancy to develop and implement a pilot program for the purposes of identifying and testing measures that support development, improvement, maintenance, and the operation of lower cost coastal accommodations 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 34 by nonprofit or for-profit private entities, and requires the conservancy to establish criteria for the selection of projects to be included in the pilot program. AB 346, Daly. Redevelopment: housing successor: Low and Moderate Income Housing Asset Fund Chapter 35 This statute allows a housing successor to a redevelopment agency to expend funds in the Low and Moderate Income Housing Asset Fund (LMIHF) for contributions toward the construction of local or regional homeless shelters. It also allows two or more housing successors within a county, as specified, to additionally enter into an agreement to transfer funds among their respective LMIHF for a regional homeless shelter, if specified conditions are met. AB 352, Santiago. State Housing Law: efficiency units Chapter 400 Cities and counties are authorized under existing law to allow efficiency units within their respective jurisdictions. Efficient units have a minimum of 150 square feet and may include partial kitchen or bathroom facilities. Cities and counties are not required to allow efficiency units; however, if a city or county exercises its discretion and allows efficiency units, then pursuant to this statute each such city or county is prohibited from imposing limits on the number of efficiency units within one-half mile of public transit, or one mile of a University of California or a California State University campus, or where there is a car sharing vehicle within one block of the efficiency unit. AB 465, Ting. Urban agricultural incentive zones Chapter 313 The Urban Agriculture Incentive Zones Act authorizes a city or county to establish by ordinance an urban agriculture incentive zone that provide for voluntary contracts with landowners to enforceably restrict the use of vacant, unimproved, or otherwise blighted lands for small-scale production of agricultural crops and animal husbandry. Existing law prohibits a city, county, or city and county from entering into a new contract or renewing an existing contract under these provisions after January 1, 2019. This statute extends the authorization for such contracts to January 1, 2029. AB 494, Bloom. Land use: accessory dwelling units Chapter 602 This statute further erodes the land use regulatory authority of the Accessory Dwelling Unit (ADU) review process and standards. Specifically, this statute: 1. Provides that a local agency's ADU ordinance shall include that the ADU may be rented separate from the primary residence, but may not be sold or otherwise conveyed from the primary residence; 2. Provides that parking requirements for ADUs not exceed one parking space per unit or per bedroom, whichever is less; 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 35 3. Removes the option for local agencies to prohibit off-street parking in setback areas or through tandem parking where that parking is not allowed anywhere else in the jurisdiction; 4. Allows a local agency to require replacement parking spaces in any configuration on the same lot as the ADU when a garage, carport, or covered parking structure is converted to an ADU; 5. Defines "tandem parking" as two or more automobiles that are parked on a driveway or in any other location on a lot, lined up behind one another; 6. Provides that setbacks shall not be required for an existing garage that is converted to a portion of an ADU; and 7. Provides that, when a local agency must ministerially approve an ADU application if the unit is contained within the existing space of a single-family residence or accessory structure and meets other specified requirements: a) An "accessory structure" includes, but is not limited to, a studio, pool house, or other similar structure; and b) A city or county can require owner occupancy for either the primary or the accessory unit created through this process. AB 546, Chiu. Land use: local ordinances: energy systems Chapter 380 This statute requires cities, including charter cities, and counties to make all documentation and forms associated with permitting of advanced energy storage available on the city or county website, if it has one. Cities and counties with 200,000 or more residents would have to comply by September 30, 2018, while cities and counties with less than 200,000 residents have until January 31, 2019, to comply. This bill also requires cities and counties to allow for electronic submission of permit applications and associated documentation for advanced energy storage installations, including electronic signatures, unless the city or county determines that it is unable to accept an electronic signature on all forms, applications, and other documents and makes a finding that states the reasons for that inability. AB 549, Quirk. Local government: building permit: electrified security fence: notice Chapter 138 This statute requires counties and cities, including charter counties and charter cities that approve a building permit for the construction of an electrified security fence to notify their local fire department and fire marshal and provide them with a copy of the approved permit. AB 634, Eggman. Real property: solar energy systems Chapter 818 membership of the common interest development for installation of a solar energy system in general policy prohibiting the installation or use of a rooftop solar energy system for household purposes on the roof of the building in which the owner resides, or a garage or carport adjacent to the building that has been assigned to the owner for exclusive use. The statute clarifies provisions that allow the imposition of reasonable restrictions on solar energy systems. 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 36 AB 879, Grayson. Planning and zoning: housing element Chapter 374 This statute amends the State Planning and Zoning Law regarding housing elements, a mandatory component of a city or county general plan. In addition to analyzing governmental constraints as required under the existing law, this statute requires the housing element to analyze and where legally possible, remove nongovernmental constraints to the maintenance, improvement, and development of housing for all income levels and for persons with disabilities. The analysis required under this statute must include consideration of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing that involve requests to develop housing at densities below those specified in the housing element, the length of time between approval of a housing development and submittal of building permits, and identification of local efforts to remove nongovernmental constraints that create a gap between planning of housing and the construction of such housing. also include any locally adopted ordinances that directly impact the cost and supply of residential development. Each Housing Element is required to be prepared through the use of standards adopted by the Department of Housing and Community Development. Charter cities are specifically required to include in their respective annual general plan reports specific data and information regarding numbers of applications and units approved as well as a listing of sites that AB 1397, Low. Local planning: housing element: inventory of land for residential development Chapter 375 Under the existing Planning and Zoning Law each city and county is required to prepare and adopt a general plan that contains certain mandatory elements, including a housing element which is required to contain, among other things, an inventory of land suitable for residential development, including identification of vacant sites and sites having the potential for redevelopment. This statute makes several changes to housing element law by revising what may b inventory is now required to include vacant sites and sites that have realistic and demonstrated potential for redevelopment during the planning period to meet for a designated income level. The statute also requires the inventory to specify for each site the number of units that can realistically be accommodated on such site and whether the site is adequate to accommodate lower income housing, moderate-income housing, or above moderate- income housing, as specified. Existing law also requires a city or county to provide an explanation of the methodology used to determine the development potential of each site identified as suitable for residential development. Existing law requires this methodology consider specified factors, including the extent to which existing uses may constitute an impediment to additional residential development, development trends, market conditions, and regulatory or other incentives or standards to 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 37 encourage additional residential development on these sites. This statute require the methodology density residential development, the current demand for the existing use, and an analysis of existing leases or other contracts that would perpetuate the existing use or prevent redevelopment. AB 1414, Friedman. Solar energy systems: permits Chapter 849 This statute reduces the maximum permit fee a city or a county may charge for residential rooftop solar energy systems to $450.00, applies this cap and commercial permit fee cap formula to a broader range o include any photovoltaic device or technology integrated into a building. AB 1505, Bloom. Land use: zoning regulations Chapter 1505 This statute authorizes the legislative body of a city or county to establish inclusionary housing requirements (certain percentage of residential rental units affordable to, and occupied by, moderate-income, lower income, very low income, or extremely low income households or by persons and families of low or moderate income) as a condition of the development of residential rental units. This statute is in response to a 2009 appellate court decision that found that local governments did not have the authority to apply inclusionary housing policies to rental housing under existing law. This statute also allows the Department of Housing and Community Development to periodically review inclusionary ordinances and their application and effectiveness. AB 1530, Gonzalez Fletcher. Urban forestry Chapter 720 The California Urban Forestry Act of 1978 is intended to promote the use of urban forest resources by increasing integrated projects with multiple benefits in urban communities. This existing law requires the Department of Forestry and Fire Prevention to implement a program in urban forestry to encourage better tree management and planning in urban areas. This statute requires the Department to implement this program, establish local and regional targets for the urban tree canopy, and develop or update regulations as necessary. SB 35, Wiener. Planning and zoning: affordable housing: streamlined approval process Chapter 366 This statute allows a development proponent to submit an application for a development that is required to be processed and approved pursuant to a streamlined, ministerial approval process pursuant as provided in the statute, and not subject to a conditional use permit, if the development contains two or more residential units and satisfies all of specified planning standards lined process is required for infill developments in localities that have failed to meet regional housing needs assessment numbers. SB 166, Skinner. Residential density and affordability Chapter 367 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 38 It is the perception of the state Legislature existing law does not adequately ensure that after the legislative body adopts a housing element, the jurisdiction continues to maintain a supply of available land to accommodate the remaining unmet housing need throughout the 8-year period covered by most housing elements. This statute modifies existing law to require local governments to maintain existing housing sites at all times throughout the planning period for all levels of income. Specifically, this statute requires local governments to ensure that its housing element inventory or its housing element programs make sites available that can accommodate at all times throughout the planning period, its remaining unmet share of the regional housing need allocated pursuant to existing law. Very simply stated, this statute requires each local agency to approve residential projects that are equal to or greater in density to the maximum density provided under its adopted housing element. If it does not, the local agency is required to make written findings supported by substantial evidence as to whether or not remaining sites identified in the housing SB 167, Skinner. Housing Accountability Act Chapter 368 This statute makes it more difficult for local government agencies to deny or lower the ning laws and general plan policies. and limits the discretionary authority of local agencies to deny housing projects, or to reduce the size and density of housing projects. Under existing law, if a housing project is consistent with applicable general plan and zoning standards in effect when the application is deemed complete, a city cannot disapprove the project or require that it be developed at a lesser density unless written disapproval of the project or approval at a lower density. Existing law requires that such findings This statute also mandates that if the local agency deems a housing proposal to be inconsistent or not in conformity with an applicable plan, program, standard, policy, or ordinance, the agency must provide the applicant with written documentation explaining its determination. This provision should work to limit the extent to which agencies can arbitrarily conclude that projects are inconsistent with general plans and other local policies. If the agency finds a housing development to be inconsistent with applicable policies, it must provide its written explanation within specified days of the date the development application is determined to be complete; that is, within 30 days if the proposed project is 150 units or less, and within 60 days for projects of more than 150 units. If the local agency fails to provide this documentation, then the housing project will be deemed consistent, compliant, and in conformity with the applicable plan, program, policy, ordinance, standard, requirement, or other similar provision. 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 39 Existing law allows a project applicant, a housing organization, or a person who would be eligible for residency in the proposed project to bring an action to enforce the provisions of the es when it prevails in such an action. The statute also provides where a local agency disapproves a housing project that complies with applicable zoning standards or imposes a condition that the project be developed at a lesser density, without making the required findings, the court must issue a judgment compelling compliance with the law within 60 days. In addition the court can impose fines on a local agency that has violated the Act and failed to comply with a court order compelling compliance within 60 days. Under the new rules, the fine is set at a minimum of $10,000 per housing unit proposed on the date the project application was deemed complete under the Permit Streamlining Act. If a ute authorizes the court to go so far as to development project, in which case the application for the housing development project, as proposed by the applicant . . . shall be deemed approved unless the applicant consents to a different SB 229, Wieckowski. Accessory dwelling units Chapter 594 This statute cleans up certain issues that arose in the administration and implementation of SB 1069, AB 2299, and AB 2406, adopted in 2016. This statute clarifies that an accessory dwelling unity may be rented separate from the primary residence, but shall not be sold or otherwise conveyed separately from the primary residence. This statute also includes special districts and water corporations in provisions regarding fees to ensure that no charges for connection fees or capacity charges occur when an existing structure is converted into an accessory dwelling unit. This statute also clearly defines tandem parking, clarifies that an accessory dwelling unit may reside on a lot with a proposed or existing single-family dwelling, and permits Department of Housing and Community Development to review and comment on accessory dwelling unit ordinances. SB 732, Stern. General plan: agricultural land Chapter 434 This statute authorizes a city or county to develop an agricultural land component of their open-space element, as defined, or a separate agricultural land element, to identify and map agricultural lands, establish a comprehensive set of goals, policies, and objectives to support long- term protection of agricultural land, and establish a set of feasible implementation measures designed to carry out and promote the established goals, policies, and objectives. The statute also requires the Department of Conservation to give priority consideration for grants, bond proceeds, and other local assistance funding provided by the Department of Conservation to a city or county that meets specified requirements. MUNICIPAL SERVICES / UTILITIES 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 40 AB 321, Mathis. Groundwater sustainability agencies Chapter 67 This statute clarifies that agricultural groundwater users that hold overlying groundwater rights regulated through the Sustainable Management Act include farmers, ranchers, and dairy professionals. AB 277, Mathis. Water and Wastewater Loan and Grant Program Chapter 438 This bill authorizes the State Water Resources Control Board (SWRCB), to the extent funds are available, to implement low-interest loan and grant programs for counties and qualified nonprofit organizations to fund water and wastewater facilities and improvements for households and small water systems. AB 339, Mathis. State Water Pollution Cleanup and Abatement Account Chapter 439 Under the Porter Cologne Water Quality Control Act, half of all funds collected due to criminal penalties and all funds from civil penalties are deposited in the Cleanup and Abatement tered by the State Water Resources Control Board. The Board is authorized to approve grants from the Account to any eligible entity to assist in cleaning up a waste, abating a waste on waters of the state, or addressing an urgent drinking water need. Eligible entities include a public agency, a tribal government, a not-for-profit organization or community water system serving a disadvantaged community. These provisions sunset on July 1, 2018. This statute (1) deletes the sunset, (2) provides additional sources of funding (i.e., funds collected as cost recovery from cleanup efforts, repayment of principal, interest, and fees on loans from the Account; and (3) any interest earned on funds in the Account. AB 367, Obernolte. Water supply: building permits Chapter 612 The federal Safe Drinking act and the California Safe Drinking Water Act prohibit cities and counties from issuing a building permit for the construction of a residential development where the source of water supply is water transported by a water hauler, bottled water, a water-vending machine, or a retail water facility. This statute exempts from this prohibition on the issuance of a building permit a residence that will be rebuilt because of a fire. The statute also states that it is declaratory of existing law which exempted permits to rebuild homes destroyed by a natural disaster. AB 398, Eduardo Garcia. California Global Warming Solutions Act of 2006: market-based compliance mechanisms: fire prevention fees: sales and use tax manufacturing exemption Chapter 135 This statute, an urgency measure that is currently in effect, does the following: 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 41 1. Requires the Air Resources Board (ARB), no later than January 1, 2018, to update the scoping plan, as specified and requires all greenhouse gas rules and regulations adopted by ARB to be consistent with the scoping plan. 2. - based mechanism, specifically authorizes a system of market-based declining annual aggregate emissions limits for sources or categories of sources that emit greenhouse gases (cap-and-trade) until December 31, 2030: a) Requires ARB to include specified price ceilings, price containment points, offset credit compliance limits, and industry assistance factors for allowance allocation as part of the regulation; b) Requires ARB to develop approaches to increase offset projects in the state and to make specified reports to the Legislature as part of the regulation; c) Reduces the amount of offsets to 4% between 2020 and 2025 and 6% between 2025 and 2030; d) Requires 50% of all offsets to be in California; e) Declares the intent of the Legislature that moneys collected pursuant to the market- based compliance mechanism be appropriated in accordance with a specified order of priorities; f) Establishes, until January 1, 2031, the Compliance Offsets Protocol Task Force, the Independent Emissions Market Advisory Committee and the California Workforce Development Board, to conduct meetings, advise and report to ARB and the Legislature on matters related to specific provisions and impacts of the regulations; and g) report to the Legislature on the economic impacts and benefits of specified greenhouse gas emissions targets. 3. Prohibits an air quality management district (AQMD) from adopting or implementing an emission reduction rule for carbon dioxide from stationary sources that are also subject to a specified market-based compliance mechanism. 4. Suspends the State Responsibility Area (SRA) fee until January 1, 2031 and then repeals the fee as of that date. 5. Declares that it is the intent of the Legislature that moneys derived from the auction or sale of allowances pursuant to the market-based compliance mechanism replace the fire prevention fee to continue the funding of the fire prevention activities. 6. From July 1 2014 to July 1, 2030, provides additional tax exemptions for qualified tangible personal property purchased for use by a qualified person to be used primarily in the generation or production or storage and distribution of electric power or purchased for use by a contractor for the qualified person. 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 42 7. From 1, 2018 to July 1, 2030, provides additional tax exemptions for special purpose buildings and foundations used for the generation or production or storage and distribution of electric power. 8. From 1, 2018 to July 1, 2030, expands the definition of qualified person to include, among others, a person primarily engaged in the business of electric power generation. 9. Requires the California Department of Tax and Fee Administration to provide the exemption report and requires the total dollar amount, as reported by the department, with the concurrence of the Department of Finance, to be transferred from GGRF to the General Fund, as provided. 10. Clarifies the definition of useful life to ensure that businesses that expensed some qualifying purchases also receive the SUT exemption. 11. Makes various nonsubstantive and conforming changes and repeals this tax exemption on January 1, 2031. AB 556, Limón. County ordinances: violations: fines Chapter 405 This statute increases the amount of fines that counties may assess for a violation of an event permit requirement, an infraction. AB 560, Salas. Safe Drinking Water State Revolving Fund: project financing: severely disadvantaged communities Chapter 552 This statute authorizes the State Water Resources Control Board (State Water Board) to provide grant funding, and principal forgiveness and zero percent financing on loans, from the Safe Drinking Water State Revolving Fund (DWSRF) to a water system serving a severely disadvantaged community if the water system demonstrates that repaying a loan with interest would result in unaffordable water rates. AB 574, Quirk. Potable reuse Chapter 528 This statute requires the State Water Resources Control Board to adopt uniform water recycling criteria for potable reuse through raw water augmentation prior to December 31, 2023. AB 589, Bigelow. Water diversion: monitoring and reporting: University of California Cooperative Extension Chapter 471 This statute, until January 1, 2023, would require any water diverter, as defined, who has completed an instructional course regarding the devices or measurement method administered by the University of California Cooperative Extension, including passing a proficiency test before the completion of the course, to be considered a qualified individual when installing and maintaining devices or implementing methods of measurement that were taught in the course for the diverter's diversion. The statute would require the University of California Cooperative Extension and the 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 43 State Water Resources Control Board to develop the curriculum of the course and the proficiency test. AB 797, Irwin. Solar thermal systems Chapter 473 This statute extends and modifies an existing incentive program for solar thermal systems administered by investor-owned utilities under the supervision of the California Public Utilities Commission. The program is extended to August 1, 2020 and would include solar thermal systems as well as systems to replace natural gas to meet various industrial needs. The statute also authorizes the CPUC to limit program eligibility based on income levels for residential applicants. AB 1127, Calderon. Baby diaper changing stations Chapter 755 This statute requires buildings owned by a state or local agencies, as well as public venues such as restaurants, movie theaters, and grocery stores, to provide at least one diaper-changing table available to both women and men. This requirement applies to all new construction and any restroom renovations that exceed $10,000. AB 1145, Quirk. Conversion of existing overhead electric and communication facilities to underground locations: cable television corporations and cable operators Chapter 792 The Improvement Act of 1911 authorizes the initiation of special assessment proceedings for the conversion of overhead electric and communication facilities to underground locations upon either the filing of a petition or a determination by the local legislative body that the city or a public utility has voluntarily agreed to pay over 50% of all costs of conversion, excluding costs cable television facilities and cable operators within existing statutes governing assessments created for the purpose of converting overhead electric and communications facilities to underground locations. AB 1180, Holden. Los Angeles County Flood Control District: taxes, fees, and charges Chapter 617 Under existing law, California Flood Control Districts have several sources of funds. They typically receive a portion of local property taxes and can charge impact fees to fund construction of planned drainage facilities and levy special assessments to fund ongoing maintenance. This statute specifically grants the Los Angeles County Flood Control District with the authority to levy a tax, such as a parcel tax, subject to compliance with the voter approval requirements of California Constitution Article XIIIC. AB 1286, Friedman. Airports: alternative customer facility charges Chapter 325 Existing law authorizes airports to require rental car companies to collect a customer facility charge or an alternative customer facility charge for financing, designing, and constructing airport vehicle rental facilities and common-use transportation systems. Existing law requires an 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 44 airport to initiate the process for obtaining the authority to require or increase an alternative customer facility charge no later than January 1, 2018. This statute extends that date to January 1, 2025. AB 1572, Aguiar-Curry. Integrated waste management plans: source reduction and recycling element: review schedule Chapter 155 This statute extends, from January 1, 2018 to January 1, 2022, the sunset on a provision of law that authorizes the Department of Resources Recycling and Recovery (CalRecycle) to review two year AB 1665, Eduardo Garcia. Telecommunications: California Advanced Services Fund Chapter 851 This statute makes various changes to the California Advanced Services Fund (CASF) including a revision to the goal of the program for approval of funding for infrastructure projects that will provide broadband access to no less than 98% of California households in each consortia region, as identified by the California Public Utilities Commission. The statute also revises the eligibility requirements for projects and project applicants, creates the Broadband Adoption Account (Adoption Account) to increase broadband access and digital inclusion, and requires additional program audits and reporting. AB 1671, Caballero. Backflow protection and cross-connection controls: standards Chapter 533 This statute requires the State Water Resources Control Board to, on or before January 1, 2020, adopt standards for backflow protection and cross-connection control. SB 231, Hertzberg. Local government: fees and charges Chapter 536 Implementation Act (See Government Code Section 53750) to include the collection and disposal of surface or storm waters. Fees levied on developed parcels to fund storm water management improvements will remain property-related fees; however, under this statute, such fees will be covered by the exemption for sewer or water services and would only be subject to a majority protest rather than a majority voter approval at an election. SB 338, Skinner. Integrated resource plan: peak demand Chapter 389 This statute requires the California Public Utilities Commission and the governing board of each local publicly owned utility to each consider the role of a variety of energy technologies and resources in meeting energy and reliability needs during and around the hour of peak demand while reducing the need for new generation and transmission resources. SB 367, Bates. Tidelands and submerged lands: County of Orange 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 45 Chapter 332 Existing law grants to the County of Orange and its successors certain rights and interests of the state at the Dana Point Harbor for certain public trust-related purposes, including commerce, navigation, public access, and recreation. Existing law requires that the county, and its successors, only use these lands for those trust purposes and prohibits the county from granting franchises or leases for those tidelands and submerged lands for periods that exceed 50 years. This statute extends to 66 years the maximum period for which the county may grant franchises or leases for the use of those tidelands and submerged lands. SB 427, Leyva. Public water systems: community water systems: lead user service lines Chapter 238 Existing law requires every public water system to compile an inventory of all known leaded pipes in use in their systems, and to identify areas that may have lead pipes in use in their systems. A public water system is also required to establish a timeline for replacing those known lead pipes and a separate timeline for investigating and replacing the unknown pipes. This statute clarifies that the lead service line identification and replacement requirements of law should apply to community water systems and not public water systems. In addition, this statute requires a community water system to provide a timeline for the replacement of known lead service lines in its distribution system to the State Water Resources Control Board by July 1, 2020 and to provide the Board with a determination regarding any potential lead user service lines in use in areas of its distribution system or findings regarding any areas for which the community water system cannot determine the content of the user service lines, and a timeline for the replacement of both. SB 432, Pan. Emergency medical services Chapter 426 This statute revises the required communicable disease exposure notification procedure for emergency medical services providers by requiring a health facility to immediately notify an EMS were provided is diagnosed with a reportable disease, in addition to the existing requirement that provides notification to the county health officer who in turn notifies the EMS provider. SB 598, Hueso. Public utilities: gas and electric service disconnections Chapter 362 This statute requires the California Public Utilities Commission to adopt rules, policies, and regulations with the goal of reducing the statewide level of gas and electric utility service disconnections for nonpayment by residential customers. The statute also extends special considerations to residential customers who have specified medical conditions or who have a member of the household with those conditions. PUBLIC CONTRACTS AB 92, Bonta. Public contracts: payment Chapter 37 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 46 This statute extends from January 1, 2018, to January 1, 2023, the sunset date on existing statutes governing the amount of money a public agency can retain from a contractor or subcontractor prior to completion of a public works project. Under current law, a public agency is generally prohibited from retaining more than 5% of a contract price until final completion of a project. AB 132, Jones-Sawyer. Public contracts: 2028 Olympic Games and Paralympic Games Chapter 576 This statute authorizes the Governor to execute games support contracts, not to exceed $270 million, in connection with the site selection process for the City of Los Angeles to become the host for the 2028 Olympic Games and Paralympic Games, that accept financial liability to provide the state security for amounts owed by the Organizing Committee for the Olympic Games (OCOG), as specified, and for any financial deficit accruing to the OCOG as a result of the hosting of the games by the endorsing municipality, as defined, and would establish the Olympic Games Trust Fund in the State Treasury and would, upon appropriation by the Legislature, make the money in the fund available for these purposes, as specified. AB 262, Bonta. Public contracts: bid specifications: Buy Clean California Act Chapter 816 This statute requires the Department of General Services (DGS) to establish standards used in the bid process related to greenhouse gas (GHG) emissions when certain eligible materials (namely, carbon steel rebar, flat glass, mineral wool board insulation, and structural steel) are used in state public works projects. AB 618, Low. Local Agency Public Construction Act: job order contracting: school districts: community college districts Chapter 296 This statute authorizes community college districts to enter into job order contracts, an alternative construction contracting agreement currently available to school districts, until January 1, 2022. A job order contract is a contracting procedure that allows for the awarding of contracts based on prices for specific construction tasks rather than bids for a specific project. A catalog or book identifies all work that could be performed (typically maintenance or modernization projects) and the unit prices for each of those tasks. AB 851, Caballero. Local agency contracts Chapter 821 This statute extends the sunset date on the authority of counties to use construction manager at-risk contracting, extends construction manager at-risk contracting authority to the City of San Diego for specified projects, and allows the Santa Clara Valley Water District to use the design- build procurement method for specified types of projects. SB 387, Jackson. The False Claims Act Chapter 121 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 47 This statute provides that the amount of civil penalties for submitting a false or fraudulent claim to the state or any of its political subdivisions shall be aligned with the Federal Civil Penalties Inflation Adjustment Act of 1990. By approving this alignment, the State will be able to keep an additional 10% of amounts recovered through a Medicaid false claims case. SB 418, Hernandez. Public contracts: skilled and trained workforce Chapter 393 Existing law establishes specific instances where a public entity is required to obtain an enforceable commitment that a bidder, contractor, or other entity will use a skilled and trained workforce to complete a contract or project. Existing law also provides a definition of what al increase in the percentage of journeypersons who are graduates of an apprenticeship program for specific occupations or trades. For the current year, that rate is 30%. For work performed after January 1, 2018, the rate would be 40%; January 1, 2019, 50%, and January 1, 2019, 60%. This statute provides that the increased graduation rates for skilled journeypersons required for work in specified contracts will not apply to work performed in the following occupations: acoustical installer, bricklayer, carpenter, cement mason, drywall installer or lather, marble mason, finisher, or setter, modular furniture or systems installer, operating engineer, pile driver, plasterer, roofer or waterproofer, stone mason, surveyor, teamster, terrazzo worker or finisher, and tile layer, setter, or finisher. SB 496, Cannella. Indemnity: design professionals Chapter 8 This statute provides that a design professional, defined as a licensed/registered architect, landscape architect, engineer, or land surveyor, shall only have the duty to defend an indemnitee for claims against the indemnitee that arise out of, pertain to, or relate to, the negligence, recklessness, or willful misconduct of the design professional. This statute also provides that all provisions, clauses, covenants, and agreements contained in, collateral to, or affecting any contract for design professional services that purport to require a design professional to indemnify or defend claims against an indemnitee except as specified above shall be unenforceable. This statute further r more defendants is unable to pay its share of defense costs, the design professional would be required to meet and confer with the other parties regarding unpaid defense costs, as specified. The above provisions of the statute do not pertain to contracts where a project-specific general liability policy insures all project participants or to written design-build joint venture agreements. And, of course, the statute lifornia. PUBLIC RECORDS AB 459, Chau. Public records: video or audio recordings: crime Chapter 291 This statute restricts, under the California Public Records Act (CPRA), the public disclosure of video and audio recordings created during the commission or investigation of the 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 48 crime of rape, incest, sexual assault, domestic violence, or child abuse held by law enforcement that depicts a victim of such crimes, and requires that the victim or victim's family be given access to a copy of the recording. AB 1455, Bocanegra. The California Public Records Act: exemptions Chapter 560 This statute exempts from required disclosure under the California Public Records Act any local processes, impressions, valuations, opinions, recommendations, meeting minutes, research, work products, theories, strategy; or that provide instruction, advice, or training to employees who do not have full collective bargaining and representation rights under the Myers-Milias-Brown Act. This statute also specifies that the exemption shall not be construed to limit public access to any other documents related to employee relations covered by the MMBA. SB 88, Committee on Budget and Fiscal Review. State government Chapter 51 The Public Records Act exempts from public inspection specified information regarding persons paid by the state to provide in-home supportive services; however, such information is required to be made available upon request to an exclusive bargaining labor organization. This statute expands access to any labor organization seeking representation rights. PUBLIC SAFETY / JUSTICE / POLICE AB 40, Santiago. CURES database: health information technology system Chapter 607 This statute requires the California Department of Justice (DOJ) to make electronic prescription drug records contained in its Controlled Substance Utilization Review and Evaluation System (CURES) accessible through integration with a health information technology system of third party software vendors that contract with healthcare practitioners to provide health information technology systems, by October 1, 2018, if that system meets certain information security and patient privacy requirements. AB 41, Chiu. DNA evidence Chapter 694 This statute requires local law enforcement agencies to periodically update the Sexual Assault Forensic Evidence Tracking (SAFE-T) database on the disposition of all sexual assault evidence kits in their custody. This statute requires law enforcement agencies to report information regarding rape kit evidence, within 120 days of the collection of the kit, to the Department of Justice through a database established by the department. The statute would additionally require a public DNA laboratory, or a law enforcement agency contracting with a private laboratory, to provide a reason for not testing a sample every 120 days the sample is untested, except as specified. The statute would only impose these requirements for a kit collected on or after January 1, 2018. 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 49 By imposing additional duties on local law enforcement, the statute would create a state- mandated local program. The statute would require that money received by the Office of Emergency Services from the federal Office on Violence Against Women be used before appropriating money from the General Fund for purposes of reimbursing any costs determined by the Commission on State Mandates to be mandated by the state to a local law enforcement agency by the statute. AB 78, Cooper. Vessels: operation and equipment: blue lights Chapter 103 Under cur engaged in a public safety capacity or response. This statute expands the definition of vessels that are eligible to use distinctive blue lights to include vessels from a fire department or a fire protection district while engaged in public safety actives. AB 90, Weber. Criminal gangs Chapter 695 This statute creates the Fair and Accurate Gang Database Act of 2017 and shifts responsibility for shared gang databases to the Department of Justice and requires DOJ to create regulations regarding the use, operation, and oversight of any shared gang database. AB 103, Committee on Budget. Public safety: omnibus Chapter 17 This statute generally contains necessary statutory and technical changes to implement the Budget Act of 2016 related to Public Safety. Of potential interest to local government are the following provisions of the statute: 1. Reallocates two vacant judgeships from the Superior Court of Santa Clara to the Superior Court of Riverside and two vacant judgeships from the Superior Court of Alameda to San Bernardino; 2. requires specified conditional funding to a participating county for the construction or renovation of a local jail facility or adult local criminal justice facility be used to construct or renovate a facility that meets or surpasses the minimum number of weekly visits as specified; 3) Imposes regulations that preserve and/or encourage provision of in-person visiting facilities and impose certain limitations on charges for remote video visitations; 4. Prohibits a person who has an outstanding warrant for a felony from owning, purchasing, receiving, or possessing a firearm and would make a violation thereof punishable as a felony; 5. Prohibits a person who has an outstanding warrant for certain misdemeanors from owning, purchasing, receiving, or possessing a firearm within 10 years of the issuance of the outstanding warrant; 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 50 6. Prohibits a city or county or local law enforcement agency from entering into a contract with the federal government or any federal agency to house or detain an adult noncitizen in a locked detention facility for purposes of civil immigration custody. The statute would prohibit a city or county or local law enforcement agency that entered into a contract of that nature on or before June 15, 2017, from modifying or renewing that contract so as to expand the maximum number of contract beds that may be used to house or detain an adult noncitizen for purposes of civil immigration custody; 7. Requires that whenever a judgment, including any consent judgment, decree, or settlement agreement that has been approved by the court, in a class action provides for the payment of money to members of the class, any unpaid cash residue or unclaimed or abandoned class member funds be distributed in accordance with its provisions, unless the court makes a specific finding. The statute would require the court to set a date when the parties must submit a report to the court regarding a plan for the distribution of these funds; and 8. Requires that at least 25% of the unpaid cash residue or unclaimed or abandoned class member funds generally attributable to California residents, plus any accrued interest that has not otherwise been distributed, be transmitted to the State Treasury for deposit in the Trial Court Improvement and Modernization Fund and be continuously appropriated to the Judicial Council to fund trial court operations. The statute further requires that at least 25% of these funds be transmitted to the Equal Access Fund of the Judicial Branch. AB 255, Gallagher. Sexually violent predators: out-of-county placement Chapter 39 This statute specifies that courts must consider the connections to the community when designating the placement of a sexually violent predator in a county for conditional release. Specifically, the court shall consider if and how long the person has previously resided or been employed in the county; and if the person has next of kin in the county. AB 260, Santiago. Human trafficking Chapter 547 This statute increases the number of businesses and other establishments that are required to post a notice on their premises related to slavery and human trafficking, including information related to specified nonprofit organizations that provide services in support of the elimination of slavery and human trafficking. Specifically, this statute adds hotels, motels, bed and breakfast inns, to the list of businesses and other establishments that are required to post information about human trafficking on their premises. AB 264, Low. Protective orders Chapter 270 This statute requires the court to consider issuing a protective order restraining the defendant from any contact with a percipient witness to a crime involving domestic violence, a violation of specified sex offenses, or a violation of laws relating to criminal gangs, if it is shown by clear and convincing evidence that the witness has been harassed, as defined. The statute would 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 51 also requires the court to consider issuing that restraining order, which may be valid for up to 10 years, for a victim if the defendant is convicted of a violation of laws relating to criminal gangs. AB 289, Gray. Office of Emergency Services: State Emergency Plan: update Chapter 106 This statute requires the Office of Emergency Services to update the State Emergency Plan on or before January 1, 2019, and every five years thereafter. AB 290, Salas. Collateral recovery: repossession agencies Chapter 271 The Collateral Recovery Act, which provides for the licensure and regulation of repossession agencies, contains a January 1, 2018 sunset date that excludes dealers of agricultural, lawn care, and construction equipment from the definition of repossession agency under the Act. This statute eliminates the sunset date and extends the current definition indefinitely. AB 335, Kiley. Parole: placement at release Chapter 523 This statute provides that an inmate who has committed certain crimes (rape, sodomy, sexual penetration, or oral copulation by an intoxicating, anesthetic, or controlled substance; rape, sodomy, or oral copulation of a person unable to give legal consent; forcible sexual penetration; sexual penetration of a minor under the age of 14) and is released on parole shall not be returned to a location within 35 miles of the residence of a victim or witness if the victim or witness makes such a request and the Board of Parole Hearings (BPH) or the California Department of Corrections (CDCR) finds that the placement is necessary to protect the victim or witness. AB 413, Eggman. Confidential communications: domestic violence Chapter 191 This statute allows a party to a confidential communication to record the conversation for the purpose of obtaining information reasonably believed to relate to the crime of domestic violence. This statute also allows a victim of domestic violence who is seeking a domestic violence restraining order from a court to record specified communications made by the perpetrator for the exclusive purpose and use of providing the evidence to the court. AB 424, McCarty. Possession of a firearm in a school zone Chapter 779 Existing law makes it a crime to possess a firearm in a place that the person knows, or reasonably should know, is a school zone, unless it is with the written permission of the school district superintendent, his or her designee, or equivalent school authority. This statute deletes the authority of a school district superintendent, his or her designee, or equivalent school authority to provide written permission for a person to possess a firearm within a school zone. This statute exempts from that crime the activities of a program involving shooting sports or activities that are sanctioned by a school, school district, college, university, or other governing body of the institution, as specified, and the activities of a certified hunter education program, as specified. 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 52 AB 484, Cunningham. Sex offenses: registration Chapter 526 This statute adds rape by fraud and rape by authority of a public official to the list of offenses that require lifetime registration as a sex offender. AB 493, Jones-Sawyer. Crime: victims and witnesses: immigration violations Chapter 194 This statute prohibits law enforcement from detaining a crime victim or witness solely for an actual or suspected immigration violation. AB 522, Cunningham. Alcoholic beverages: nonprofit corporations: raffles Chapter 444 This statute allows a nonprofit corporation that has been issued a special temporary on-sale or off-sale beer or wine license pursuant to the Alcoholic Beverage Control Act that also has obtained a raffle registration from the Department of Justice, to offer, provide, or award alcoholic beverages as a prize in a raffle. AB 529, Mark Stone. Juveniles: sealing of records Chapter 685 This statute requires the sealing of records relating to dismissed or unsustained juvenile court petitions and relating to diversion and supervision programs, as specified. AB 539, Acosta. Search warrants Chapter 342 This statute expands the grounds for issuance of a search warrant to include evidence of a misdemeanor violation of disorderly conduct, as specified. AB 660, Rubio. Public agencies: unlawful interference Chapter 381 This statute expands the crime of trespass on the property of a public agency. Under this statute it is an infraction to knowingly make a material misrepresentation of the law to those attempting to transact business with the agency and who refuses to leave the premises when requested. AB 683, Eduardo Garcia. Prisoners: support services Chapter 45 This statute authorizes the Counties of Alameda, Imperial, Los Angeles, Riverside, San Diego, Santa Clara, and San Joaquin to implement reentry pilot programs for inmates during or after their incarceration in a county jail. The statute establishes minimum components for each program. AB 953, Baker. Protective orders: personal information of minors Chapter 384 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 53 This statute allows a court to make information about a child in a domestic violence or civil restraining order confidential through use of a balancing test that weighs the child's right to privacy against the public's access to court proceedings and records. AB 1034, Chau. Government interruption of communications Chapter 322 This statute revises and imposes certain procedural safeguards when a government entity or service provider at the request of a government entity wishes to interrupt a communication service to prevent the service from being used for an illegal purpose or to protect public health, safety, or welfare. This statute provides that such interruption can only occur in an extreme emergency situation (followed by an application for a court order within certain time limits of the commencement of the interruption) or when authorized by a court order. The good faith reliance of a service provider on a court order issued under the statute is a defense against an action brought as a result of the interruption. AB 1159, Chiu. Cannabis: legal services Chapter 530 This statute modifies current state law to clarify that an attorney may provide legal advice to a person who is engaged in marijuana business in conformity with state law, without violating ethical duties or compromising the attorney-client privilege. AB 1206, Bocanegra. Vehicles: impoundment: pilot program Chapter 531 This statute authorizes a two-year pilot program in the Cities of Los Angeles, Oakland, and Sacramento to permit law enforcement officers to tow vehicles used in the commission, or attempted commission of specified offenses related to prostitution. Chapter 299 This statute clarifies that city prosecutors have the same authority, privileges, and protections as prosecuting city attorneys. AB 1459, Quirk-Silva. Murder: peace officers Chapter 214 This statute declares the finding of the Legislature that all unlawful killings that are willful, deliberate, and premediated and in which the victim was a peace officer, killed while engaged in the performance of his or her duties, and the defendant knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her duties, are considered first degree murder for all purposes, including the gravity of the offense and the support of the survivors. AB 1616, Nazarian. Alarm companies: liability: false alarm Chapter 157 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 54 Existing law authorizes cities and counties to enact ordinances governing false alarms generated by security alarm systems. This statute endorses such ordinances and the imposition of fines or fees on the permitee; however, the statute prohibits the imposition of civil penalties or fines on the alarm company operator or a contractor unless the false alarm is attributable to alarm company operator error, improper installation of the alarm system by an alarm agent or an alarm company operator, defective equipment provided or installed by an alarm agent or an alarm company operator, or defective equipment leased by an alarm company operator. SB 29, Lara. Law enforcement: immigration Chapter 494 This statute establishes, after January 1, 2018, contracting restrictions and new notice and public hearing requirements, as specified, upon local governments and local law enforcement agencies with respect to contracts, building permits, and other official actions involving the federal government, federal agencies, or private corporations seeking to house or detain noncitizens for purposes of civil immigration custody. This statute also requires that any facility that detains a noncitizen pursuant to a contract with a city, county, city and county, or a local law enforcement agency is subject to the California Public Records Act. SB 54, De León. Law enforcement: sharing data Chapter 495 This legislation, also kn and local law enforcement agencies in federal immigration enforcement. This law provides that state and local law enforcement agencies shall not do any of the following: a) Use agency or department money or personnel to investigate, interrogate, detain, detect, or arrest persons for immigration enforcement purposes, including any of the following: i) Inquiring into an individual's immigration status; ii) Detaining an individual on the basis of a hold request; iii) Providing information regarding a person's release date unless that information is available to the public, or is in response to a notification request that where the person meets specified criteria regarding their current or past offenses; iv) Providing personal information about an individual, including, but not limited to, the individual's home address or work address unless that information is available to the public; v) Making or intentionally participating in arrests based on civil immigration warrants; vi) Assisting immigration authorities in the specified activities allowed under federal immigration law; and vii) Performing the functions of an immigration officer. 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 55 b) Place peace officers under the supervision of federal agencies or employ peace officers deputized as special federal officers or special federal deputies for purposes of immigration enforcement. c) Use immigration authorities as interpreters for law enforcement matters relating to individuals in agency or department custody. d) Transfer an individual to immigration authorities unless authorized by a judicial warrant or judicial probable cause determination, or if the individual meets specified criteria regarding their past offenses. e) Provide office space exclusive dedicated for immigration authorities for use within a law enforcement facility. f) Contract with the federal government for the use of California law enforcement agency facilities to house federal detainees, except as specified by existing law. SB 65, Hill. Vehicles: alcohol and marijuana: penalties Chapter 32 This statute prohibits the smoking or ingestion of marijuana, or any marijuana product while driving, or while riding as a passenger in a motor vehicle on a highway, or on any lands, as specified, and makes a violation an infraction punishable by a fine of $70. SB 204, Dodd. Domestic violence: protective orders Chapter 98 This statute enacts the Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act, which authorizes the enforcement of a valid Canadian domestic violence protection order in a tribunal of this state under certain conditions. This statute prescribes the criteria for a determination of the validity of a protection order and authorizes the registration of such a protection order in the Domestic Violence Restraining Order System. This statute requires a law enforcement officer of this state to enforce a protection order under these provisions upon determining that there is probable cause to believe that a valid protection order exists and has been violated. SB 238, Hertzberg. Criminal procedure: arrests and evidence Chapter 566 This statute authorizes a peace officer to release an arrested person from custody without taking him or her before a judge if the person is delivered, after arrest, to a hospital or urgent care facility for the purpose of mental health evaluation and treatment, and no further criminal proceedings are desirable. Specifies that such an arrest shall not be deemed an arrest, but a detention only. A person arrested and released pursuant to this provision must be issued a certificate describing the action as a detention. SB 324, Roth. Public officers: custodial officers Chapter 73 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 56 This statute allows a custodial officer, at the discretion of the employing sheriff or chief of police, as applicable, to use a less lethal weapon if the officer (1) is trained in its use, and (2) complies with the policy on the use of less lethal weapons as set forth by the sheriff or chief of police. SB 587, Atkins. Emergency vehicles: blue warning lights Chapter 286 This statute authorizes probation officers to display a blue warning light on their authorized emergency vehicles if the officer completes a four-hour training course regarding the operation of emergency vehicles certified by the Standards and Training for Corrections Division of the Board of State and Community Corrections. SB 597, Leyva. Human trafficking: victim confidentiality Chapter 570 This statute makes the address confidentiality program administered by the Secretary of State, known as the Safe at Home program, available to victims of human trafficking, and makes additional conforming changes. This statute also expands the program to include household members of victims of domestic violence, sexual assault, stalking, and human trafficking, as specified. VEHICLES / TRANSPORTATION AB 25, Nazarian. Tour buses: modified tour buses Chapter 310 This statute authorizes local authorities to adopt rules and regulations to restrict the routes or streets upon which a tour bus may be operated. The statute also authorizes local authorities to adopt rules and regulations to prohibit the use of loudspeakers or public address systems by a tour bus and instead require the use of headphones or similar devices by passengers for any information or presentation provided for the passengers. AB 188, Salas. Vehicle retirement and replacement Chapter 629 This statute requires the California Air Resources Board, no later than July 1, 2019, to update the Enhanced Fleet Modernization Program guidelines to allow certain light-duty trucks to qualify as replacement vehicles under the program, provided that the vehicles meet the program's fuel efficiency standard for minivans and that a high-polluting light-duty pickup truck is retired by the purchaser. AB 630, Cooper. Vehicles: retirement and replacement Chapter 636 This statute establishes the Plus-Up Program to be administered by the State Air Resources Board to focus on achieving reductions in the emissions of greenhouse gases, improvements in air quality, and benefits to low-income state residents through the replacement of high-polluter motor vehicles with cleaner and more efficient motor vehicles or a mobility option, as specified. Existing 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 57 law creates the Vehicle Inspection and Repair Fund, which serves as a repository for fees collected by the Department of Consumer Affairs pursuant to the Automotive Repair Act and the motor vehicle inspection program (also known as smog check). Existing law creates the High Polluter Repair or Removal Account in the Vehicle Inspection and Repair Fund, and all moneys in the account are available upon appropriation to the department and the state board to establish and implement a program for the repair or removal of high polluters as part of the smog check program. Existing law creates the Enhanced Fleet Modernization Subaccount in the High Polluter Repair or Removal Account and makes available upon appropriation all moneys in the account to establish and implement the enhanced fleet modernization program. This statute also adds provisions to improve performance of the related Enhanced Fleet Modernization Program (EFMP). (AB 630 is companion legislation to AB 188 above.) The statute also require the state board, no later than January 1, 2019, to update the guidelines for the Clean Cars 4 All Program and the enhanced fleet modernization program, as specified. The statute requires the state board, beginning no later than July 1, 2019, and every year thereafter, to collect and post on its Internet Web site specified information on both programs. AB 332, Bocanegra. Vehicles: local regulations: street closures Chapter 32 Existing law allows counties and cities to adopt rules and regulations, by ordinance or resolution, for temporarily closing to through traffic any street or road under its jurisdiction in order to curb serious and continual criminal activity when specified conditions are, after a public hearing, found to exist. This statute additionally allows temporary closures to curb serious and continual illegal dumping. This statute also allows a temporary closure of a street or road that has been designated a through highway or arterial street if the closure can be accomplished without a significant impact on the flow of traffic. AB 390, Santiago. Pedestrian crossing signals Chapter 402 Under existing law, a pedestrian may not start to cross a roadway when the pedestrian control signal is flashing or shows a stead signage commences, may complete the crossing.) This statute allows a pedestrian to commence the crossing if the pedestrian pedestrian to cross the roadway; however, the pedestrian must complete the crossing prior to the display of the AB 467, Mullin. Local transportation authorities: transactions and use taxes Chapter 640 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 58 This statute authorizes a county elections official, upon the request of a local transportation authority, to replace the adopted county transportation expenditure plan in the sample ballot and voter information guide with a notification that directs voters to view the expenditure plan on the transportation authority's Internet Web site. AB 515, Frazier. State Highway System Management Plan Chapter 314 This statute clarifies that the asset management plan prepared by the California Department of Transportation (Caltrans) must be integrated with the department's activities related to maintenance and the State Highway Operation and Protection Program (SHOPP). The statute also includes technical, non-substantive changes to improve the process for developing, reviewing, and approving the State Highway System Management Plan. AB 544, Bloom. Vehicles: high-occupancy vehicle lanes Chapter 630 This statute creates a new program (upon expiration of the existing program which is set to expire on September 30, 2019) to grant, until September 30, 2025, federal inherently low emission vehicles (ILEVs) and transitional zero-emission vehicles (TZEVs) access to high- occupancy vehicle (HOV) lanes. AB 669, Berman. Department of Transportation: motor vehicle technology testing Chapter 472 This statute extends authority for an existing vehicle platooning technology testing program from January 1, 2018, until January 1, 2020 and requires the Department of Transportation to submit a report by July 1, 2019 to the Legislature. AB 673, Chu. Public transit operators: bus procurement: safety considerations Chapter 126 This statute requires a public transit operator, prior to procuring a new bus, to consider specific recommendations and best practice standards provided by an organization that represents bus drivers related to reducing the risk of assault on bus operators, preventing accidents caused by blind spots created by bus equipment or bus design, and enhancing the safety of passengers, bus operators, or other vehicles or pedestrians. The statute also provides that the public transit operator is not required to implement any such recommendations. AB 866, Cunningham. State highways: gateway monuments Chapter 201 This statute authorizes a city or county to display the Flag of the United States of America or the Flag of California, or both, as part of a gateway monument if the flags are maintained by the city or county. 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 59 A "gateway monument" means any freestanding structure or sign, or non-integral or non- required highway feature, constructed within the state's right-of-way, which communicates the name of the city or county. AB 1082, Burke. Transportation electrification: electric vehicle charging infrastructure: school facilities and other educational institutions Chapter 637 This statute authorizes electrical corporations, including invertor owned utilities such as Edison, to file with the California Public Utilities Commission (CPUC) a pilot program proposal for the installation of electric vehicle charging stations at K-12 school facilities or other educational institutions by July 30, 2018. This bill requires the CPUC to review, modify, or decide whether to approve the program proposals filed by the electrical corporations by December 31, 2018. The statute authorizes the use of these charging stations by faculty, students, and parents before, during, and after school hours at those times that the school facilities are operated for purposes of providing education or school-related activities, and by others present for those activities. The statute also requires the electrical corporation to install, own, operate, and maintain the charging equipment and would require that the approved program include a reasonable mechanism for cost recovery by the electrical corporation. AB 1083, Transportation electrification: electric vehicle charging infrastructure: state parks and beaches Chapter 638 This statute authorizes electrical corporations, including invertor owned utilities such as Edison, to file with the California Public Utilities Commission (CPUC) a pilot program proposal for the installation of electric vehicle charging stations at state parks and beaches by July 30, 2018. This bill requires the CPUC to review, modify, or decide whether to approve the program proposals filed by the electrical corporations by December 31, 2018. AB 1094, Choi. Vehicles: automated traffic enforcement systems Chapter 555 This statute eliminates an ambiguity in the Vehicle Code regarding the offense of failure to stop at a red light on a freeway on-ramp is punishable as an infraction with a base fine of $35.00 and not a violation of the more dangerous and serious offense of failing to stop at an intersection. AB 1282, Mullin. Transportation Permitting Task Force Chapter 643 This statute directs the Secretary of the California State Transportation Agency, in consultation with the Secretary of the Natural Resources Agency, by April 1, 2018, to create a Transportation Permitting Task Force consisting of representatives from specified entities to develop a process for early engagement for all parties in the development of transportation projects, establish reasonable deadlines for permit approvals, and provide for greater certainty of permit approval requirements. The bill would require the Secretary of Transportation, by 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 60 December 1, 2019, to prepare and submit to the relevant policy and fiscal committees of the Legislature a report of findings based on the efforts of the task force. AB 1452, Muratsuchi. Parking: exclusive electric charging and parking on public streets Chapter 635 This statute authorizes local jurisdictions to designate on-street parking for the exclusive use of electric vehicle charging. AB 1625, Rubio. Inoperable parking meters Chapter 352 This statute prohibits a local authority, by ordinance or resolution, from prohibiting or restricting the parking of vehicles in a parking space that is regulated by an inoperable parking meter or inoperable parking payment center. This bill provides that a vehicle may park without time limit in any parking space that does not have a posted time limit and that is regulated by an inoperable parking meter or inoperable parking payment center, subject to any other applicable regulations regarding parking vehicles. SB 1, Beall. Transportation funding Chapter 5 This statute increases several taxes and fees to raise the equivalent of roughly $52.4 billion over ten years in new transportation revenues and makes adjustments for inflation every year; directs the funding to be used towards deferred maintenance on the state highways and local streets and roads, and to improve the state's trade corridors, transit, and active transportation facilities. SB 20, Hill. Vehicles: buses: seatbelts Chapter 593 This statute requires bus drivers and passengers to wear seat belts in buses that are equipped with seat belts and requires drivers to notify passengers of this requirement and the fine for not wearing a seat belt either before departure or with posted signs or placards. This statute becomes operative on July 1, 2018. SB 145, Hill. Autonomous vehicles: testing on public roads Chapter 725 This urgency statute makes various changes regarding the authority of the Department of Motor Vehicles to develop regulations and approve applications for the operation of autonomous vehicles on the public roadways. This statute deletes a requirement that DMV report to the Legislature every time a manufacturer applies for authorization to operate an autonomous vehicle without a driver in the vehicle, as well as a requirement that such an authorization would not take effect for 180 days after the application is submitted. Additionally, this statute repeals the prohibition against limiting or expanding the authority to operate autonomous vehicles until 120 days after DMV adopts the autonomous vehicle regulations. Instead the statute requires DMV to post a public notice on its website when it adopts the final regulations, which are now out for 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 61 comment. The statute also prohibits DMV from approving a submitted application until 30 days after the public notice is posted. SB 150, Allen. Regional transportation plans Chapter 646 This statute establishes new requirements for setting regional greenhouse gas emission these targets. This statute also requires the Air Resources Board to prepare by September 1, 2018 reduction targets. The report is required to include changes to greenhouse gas emissions in each region and data supported metrics for the strategies utilized to meet the targets, as well as a discussion of best practices and challenges faced by each of the metropolitan planning organizations in meeting the targets, including the effect of state policies and funding. SB 159, Allen. Off-highway vehicles Chapter 456 This bill extends indefinitely the imposition of a specified $7 "service fee" and $33 "special fee" on off-highway motor vehicles that had been set to sunset on January 1, 2018. SB 614, Hertzberg. Public transportation agencies: administrative penalties Chapter 219 This statute makes the following changes to the civil administrative process used by public transportation agencies for fare evasion and other passenger misconduct violations. 1. Caps the administrative penalties for the first and second violation at $125 and the third and subsequent violations at $200. 2. Requires the administrative penalties generated from the fare evasion or misconduct violations to be deposited with the public transportation agency that issued the citation. 3. Requires the issuing agency and the administrative hearing officer if an administrative hearing is needed, to allow payment of the fare evasion or misconduct violation to be paid in installments or deferred if the total amount of the fines is $200 or more and the person proves an inability to pay in full. 4. Requires the issuing agency and the administrative hearing officer if an administrative hearing is needed, to offer a minor or a person proving financial hardship the option of community service in lieu of payment for a fare evasion or misconduct violation, and the agency may require the community service to be performed at a transit facility. 5 Provides that the issuing agency is not required to permit the performance of community service in lieu of payment for fare evasion and other conduct violations if the person has had more than three fare evasion or conduct violations for which community service was permitted and he or she did not complete the community service, provided that the person was offered a community service placement and was given adequate time to comply. 1282816.1 Jeffrey C. Parker, City Manager November 27, 2017 Page 62 SB 672, Fuller. Traffic-actuated signals: motorcycles and bicycles Chapter 432 Existing law requires cities, counties, and cities and counties, until January 1, 2018, when installing or replacing a traffic-actuated signal, to install and maintain the signal so as to detect lawful bicycle or motorcycle traffic on the roadway. This statute removes the sunset provision thereby making the requirement permanent. If you have any questions, or if you would like further analysis regarding any of these bills or other laws from the 2017 legislative session, please let me know. 1282816.1 INDEX Page AB 4, Waldron. Voter notification ................................................................................................. 5 AB 7, Gipson. Firearms: open carry ............................................................................................. 21 AB 21, Kalra. Public postsecondary education: Access to Higher Education for Every Student . 5 AB 40, Santiago. CURES database: health information technology system ................................ 48 AB 41, Chiu. DNA evidence ........................................................................................................ 49 AB 25, Nazarian. Tour buses: modified tour buses ...................................................................... 57 AB 46, Cooper. Employers: wage discrimination ........................................................................ 12 AB 72, Santiago. Housing ............................................................................................................ 33 AB 78, Cooper. Vessels: operation and equipment: blue lights ................................................... 49 AB 90, Weber. Criminal gangs ..................................................................................................... 49 AB 92, Bonta. Public contracts: payment ..................................................................................... 46 AB 99, Committee on Budget. School finance: education omnibus trailer statute ........................ 5 AB 102, Committee on Budget. The Taxpayer Transparency and Fairness Act of 2017: California Department of Tax and Fee Administration: Office of Tax Appeals: State Board of Equalization ....................................................................................... 18 AB 103, Committee on Budget. Public safety: omnibus .............................................................. 49 AB 119, Committee on Budget. State government....................................................................... 12 AB 132, Jones-Sawyer. Public contracts: 2028 Olympic Games and Paralympic Games ........... 46 AB 179, Cervantes. California Transportation Commission ........................................................ 19 AB 187, Gloria. Political Reform Act of 1974: local ballot measure contribution and expenditure reporting .................................................................................................................. 6 AB 188, Salas. Vehicle retirement and replacement .................................................................... 57 AB 191, Wood. Mental health: involuntary treatment ................................................................. 26 AB 195, Obernolte. Local initiative measures: ballot printing specifications ................................ 6 AB 199, Chu. Public works: private residential projects .............................................................. 28 AB 210, Santiago. Homeless multidisciplinary personnel team ................................................... 26 AB 245, Quirk. Hazardous waste: enforcement ........................................................................... 15 AB 246, Santiago. Environmental quality: Jobs and Economic Improvement Through Environmental Leadership Act of 2011 .................................................................................... 16 AB 249, Mullin. Political Reform Act of 1974: campaign disclosures .......................................... 6 AB 250, Gonzalez Fletcher. State Coastal Conservancy: Lower Cost Coastal Accommodations Program ..................................................................................................................................... 33 AB 255, Gallagher. Sexually violent predators: out-of-county placement ................................... 50 AB 260, Santiago. Human trafficking .......................................................................................... 50 AB 262, Bonta. Public contracts: bid specifications: Buy Clean California Act ......................... 46 AB 264, Low. Protective orders ................................................................................................... 51 AB 277, Mathis. Water and Wastewater Loan and Grant Program .............................................. 40 AB 289, Gray. Office of Emergency Services: State Emergency Plan: update ........................... 51 AB 290, Salas. Collateral recovery: repossession agencies .......................................................... 51 AB 294, Gipson. Mobilehome parks: disclosure ............................................................................ 1 AB 299, Calderon. Hiring of real property: immigration or citizenship status .............................. 1 AB 321, Mathis. Groundwater sustainability agencies ................................................................. 40 AB 332, Bocanegra. Vehicles: local regulations: street closures ................................................. 58 AB 335, Kiley. Parole: placement at release ................................................................................ 51 i 1282816.1 AB 339, Mathis. State Water Pollution Cleanup and Abatement Account .................................. 40 AB 346, Daly. Redevelopment: housing successor: Low and Moderate Income Housing Asset Fund .......................................................................................................................................... 34 AB 352, Santiago. State Housing Law: efficiency units .............................................................. 34 AB 367, Obernolte. Water supply: building permits .................................................................... 40 AB 390, Santiago. Pedestrian crossing signals ............................................................................. 58 AB 398, Eduardo Garcia. California Global Warming Solutions Act of 2006: market-based compliance mechanisms: fire prevention fees: sales and use tax manufacturing exemption ... 41 AB 413, Eggman. Confidential communications: domestic violence .......................................... 51 AB 424, McCarty. Possession of a firearm in a school zone ........................................................ 52 AB 428, Ridley-Thomas. Local government: the Ralph M. Brown Act ...................................... 22 AB 450, Chiu. Employment regulation: immigration worksite enforcement actions .................... 1 AB 459, Chau. Public records: video or audio recordings: crime ................................................ 48 AB 464, Gallagher. Local government reorganization ................................................................ 23 AB 465, Ting. Urban agricultural incentive zones ....................................................................... 34 AB 467, Mullin. Local transportation authorities: transactions and use taxes ............................. 58 AB 469, Cooper. Candidates: nomination documents .................................................................... 7 AB 484, Cunningham. Sex offenses: registration ......................................................................... 52 .................................................... 2 AB 493, Jones-Sawyer. Crime: victims and witnesses: immigration violations .......................... 52 AB 494, Bloom. Land use: accessory dwelling units ................................................................... 34 AB 512, Rodr disability retirement .................................................................................................................. 13 AB 515, Frazier. State Highway System Management Plan ........................................................ 58 AB 522, Cunningham. Alcoholic beverages: nonprofit corporations: raffles .............................. 52 AB 523, Reyes. Electric Program Investment Charge: allocation ................................................ 19 ........................... 26 AB 529, Mark Stone. Juveniles: sealing of records ...................................................................... 52 AB 539, Acosta. Search warrants ................................................................................................. 52 AB 544, Bloom. Vehicles: high-occupancy vehicle lanes ............................................................ 58 AB 546, Chiu. Land use: local ordinances: energy systems ......................................................... 35 AB 549, Quirk. Local government: building permit: electrified security fence: notice ............... 35 AB 556, Limón. County ordinances: violations: fines ................................................................. 42 AB 560, Salas. Safe Drinking Water State Revolving Fund: project financing: severely disadvantaged communities ...................................................................................................... 42 AB 571, Eduardo Garcia. Farmworker housing: income taxes: insurance tax: credits: low-income housing: migrant farm labor centers ......................................................................................... 28 AB 574, Quirk. Potable reuse ....................................................................................................... 42 AB 579, Flora. Apprenticeship: fire protection: firefighter pre-apprenticeship program............. 13 AB 585, Gipson. Public officers ................................................................................................... 13 AB 589, Bigelow. Water diversion: monitoring and reporting: University of California Cooperative Extension .............................................................................................................. 43 membership election ....................................... 13 AB 593, Gloria. Structural Fumigation Enforcement Program .................................................... 16 AB 606, Berman. State voter information guides ........................................................................... 7 AB 611, Dababneh. Mandated reporters of suspected financial abuse of an elder or dependent adult: powers of attorney .......................................................................................................... 27 AB 615, Cooper. Air Quality Improvement Program: Clean Vehicle Rebate Project ................. 17 ii 1282816.1 AB 617, Cristina Garcia. Non-vehicular air pollution: criteria air pollutants and toxic air contaminants ............................................................................................................................. 17 AB 618, Low. Local Agency Public Construction Act: job order contracting: school districts: community college districts ...................................................................................................... 46 AB 630, Cooper. Vehicles: retirement and replacement .............................................................. 57 AB 634, Eggman. Real property: solar energy systems ............................................................... 35 AB 652, Flora. Property taxation: base year value: new construction .......................................... 20 AB 660, Rubio. Public agencies: unlawful interference ............................................................... 53 AB 669, Berman. Department of Transportation: motor vehicle technology testing ................... 59 AB 673, Chu. Public transit operators: bus procurement: safety considerations.......................... 59 AB 683, Eduardo Garcia. Prisoners: support services .................................................................. 53 AB 693, Irwin. Firearms ............................................................................................................... 22 ................................ 5 AB 727, Nazarian. Mental Health Services Act: housing assistance ........................................... 27 AB 733, Berman. Enhanced infrastructure financing districts: projects: climate change ............ 20 AB 755, Eduardo Garcia. Local agencies: capital investment incentive program ....................... 20 AB 765, Low. Local initiative measures: submission to the voters ................................................ 7 AB 768, Aguiar- ....................... 27 AB 797, Irwin. Solar thermal systems .......................................................................................... 43 AB 804, Cristina Garcia. Controller: internal control guidelines ................................................. 20 AB 837, Low. No party preference voters: partisan primary elections .......................................... 7 AB 840, Quirk. Elections: vote by mail and provisional ballots .................................................... 8 AB 851, Caballero. Local agency contracts.................................................................................. 47 AB 866, Cunningham. State highways: gateway monuments ...................................................... 59 AB 867, Cooley. Political Reform Act of 1974: contributions ....................................................... 8 AB 879, Grayson. Planning and zoning: housing element ........................................................... 36 AB 895, Quirk. Political Reform Act of 1974: campaign statements: filing .................................. 8 AB 918, Bonta. California Voting for All Act................................................................................ 8 AB 932, Ting. Shelter crisis: homeless shelters ........................................................................... 27 AB 953, Baker. Protective orders: personal information of minors ............................................. 53 AB 1008, McCarty. Employment discrimination: conviction history .......................................... 13 AB 1034, Chau. Government interruption of communications .................................................... 53 AB 1082, Burke. Transportation electrification: electric vehicle charging infrastructure: school facilities and other educational institutions ............................................................................... 59 AB 1083, Transportation electrification: electric vehicle charging infrastructure: state parks and beaches ............................................................................................................................... 60 AB 1086, Housing: regional housing needs ................................................................................. 28 AB 1094, Choi. Vehicles: automated traffic enforcement systems .............................................. 60 AB 1104, Chau. The California Political Cyberfraud Abatement Act ........................................... 8 AB 1127, Calderon. Baby diaper changing stations ..................................................................... 43 AB 1137, Maienschein. Housing developments: pet permissibility ............................................. 28 AB 1145, Quirk. Conversion of existing overhead electric and communication facilities to underground locations: cable television corporations and cable operators .............................. 43 AB 1154, Nazarian. Official canvass: one-percent manual tally .................................................... 8 AB 1159, Chiu. Cannabis: legal services...................................................................................... 53 AB 1180, Holden. Los Angeles County Flood Control District: taxes, fees, and charges ........... 43 AB 1189, Eduardo Garcia. Riverside County Transportation Commission: transactions and use tax .............................................................................................................................................. 20 iii 1282816.1 AB 1194, Dababneh. Elections: local bond measures: tax rate statement .................................... 20 AB 1206, Bocanegra. Vehicles: impoundment: pilot program..................................................... 53 AB 1218, Obernolte. California Environmental Quality Act: exemption: bicycle transportation plans .......................................................................................................................................... 17 AB 1221, Gonzalez Fletcher. Alcoholic beverage control: Responsible Beverage Service Training Program Act of 2017 .................................................................................................... 2 AB 1222, Quirk. Vehicles: electronic wireless communications devices ...................................... 2 AB 1223, Caballero. Construction contract payments: Internet Web site posting ......................... 2 AB 1282, Mullin. Transportation Permitting Task Force ............................................................. 60 AB 1286, Friedman. Airports: alternative customer facility charges ........................................... 44 AB 1294, Berman. Solid waste: plastic products ........................................................................... 3 AB 1309, Cooley. Employment without reinstatement: failure to enroll or report: fee ............... 14 AB 1328, Limón. Oil and gas: water quality ................................................................................ 17 AB 1339, Cunningham. Public employment: background investigations .................................... 14 AB 1343, Chen. Water conservation: school districts: Go Low Flow Water Conservation Partnerships ............................................................................................................................... 17 AB 1344, Weber. Voting rights: inmates and persons formerly incarcerated ................................ 9 AB 1367, Berman. Improper signature-gathering tactics ............................................................... 9 AB 1379, Thurmond. Certified access specialist program: funding ............................................... 3 AB 1397, Low. Local planning: housing element: inventory of land for residential development ............................................................................................................ 36 AB 1414, Friedman. Solar energy systems: permits .................................................................... 37 ......................................................................................... 54 AB 1452, Muratsuchi. Parking: exclusive electric charging and parking on public streets ......... 60 AB 1455, Bocanegra. The California Public Records Act: exemptions ....................................... 48 AB 1459, Quirk-Silva. Murder: peace officers ............................................................................. 54 AB 1505, Bloom. Land use: zoning regulations ........................................................................... 37 AB 1521, Bloom. Land use: notice of proposed change: assisted housing developments ........... 28 AB 1525, Baker. Firearms warnings............................................................................................. 22 AB 1530, Gonzalez Fletcher. Urban forestry ............................................................................... 37 AB 1540, Bloom. State dinosaur .................................................................................................. 23 AB 1556, Mark Stone. Employment discrimination: unlawful employment practices ................ 23 AB 1558, Cristina Garcia. Los Angeles River: river ranger program .......................................... 23 AB 1568, Bloom. Enhanced infrastructure financing districts ..................................................... 29 AB 1572, Aguiar-Curry. Integrated waste management plans: source reduction and recycling element: review schedule .......................................................................................................... 44 AB 1598, Mullin. Affordable housing authorities ........................................................................ 29 AB 1616, Nazarian. Alarm companies: liability: false alarm ....................................................... 54 AB 1620, Dababneh. Political Reform Act of 1974: post-government employment ................... 23 AB 1625, Rubio. Inoperable parking meters ................................................................................ 60 AB 1646, Muratsuchi. Hazardous materials: unified program agency: integrated alerting and notification system .................................................................................................................... 18 AB 1647, Muratsuchi. Petroleum refineries: air monitoring systems .......................................... 18 AB 1649, Muratsuchi. Oil refineries: public safety ...................................................................... 18 AB 1665, Eduardo Garcia. Telecommunications: California Advanced Services Fund .............. 44 AB 1671, Caballero. Backflow protection and cross-connection controls: standards .................. 44 AB 1701, Thurmond. Labor-related liabilities: original contractor ................................................ 3 SB 1, Beall. Transportation funding ............................................................................................. 61 iv 1282816.1 SB 2, Atkins. Building Homes and Jobs Act ................................................................................ 30 SB 3, Beall. Veterans and Affordable Housing Bond Act of 2018 .............................................. 31 SB 4, Mendoza. Medi-Cal: county organized health system: County of Orange ......................... 24 SB 5, De León. California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 ...................................................................................................... 18 SB 20, Hill. Vehicles: buses: seatbelts.......................................................................................... 61 SB 29, Lara. Law enforcement: immigration ............................................................................... 54 SB 31, Lara. California Religious Freedom Act: state agencies: disclosure of religious affiliation information ................................................................................................................................ 24 SB 35, Wiener. Planning and zoning: affordable housing: streamlined approval process ........... 37 SB 45, Political Reform Act of 1974: mass mailing prohibition .................................................. 24 SB 50, Allen. Federal public lands: conveyances ......................................................................... 24 SB 54, De León. Law enforcement: sharing data ......................................................................... 54 SB 65, Hill. Vehicles: alcohol and marijuana: penalties .............................................................. 55 SB 88, Committee on Budget and Fiscal Review. State government ........................................... 48 SB 94, Committee on Budget and Fiscal Review. Cannabis: medicinal and adult use .................. 4 SB 117, Committee on Budget and Fiscal Review. Elections ........................................................ 9 SB 130, Committee on Budget and Fiscal Review. Local government finance: property tax revenue allocations: vehicle license fee adjustments ................................................................ 21 SB 136, Leyva. Mobilehome parks: mobilehome park program funding .................................... 31 SB 145, Hill. Autonomous vehicles: testing on public roads ....................................................... 61 SB 147, Dodd. Mobilehome parks: residency .............................................................................. 31 SB 150, Allen. Regional transportation plans ............................................................................... 61 SB 159, Allen. Off-highway vehicles ........................................................................................... 62 SB 166, Skinner. Residential density and affordability ................................................................ 38 SB 167, Skinner. Housing Accountability Act ............................................................................. 38 SB 182, Bradford. Transportation network company: participating drivers: single business license ......................................................................................................................................... 4 SB 204, Dodd. Domestic violence: protective orders ................................................................... 56 SB 205, Committee on Governance and Finance. Local Government Omnibus Act of 2017 ..... 24 SB 206, 207, and 208, Committee on Governance and Finance. Validations .............................. 25 SB 226, Hertzberg. Political Reform Act of 1974: slate mailers .................................................. 10 SB 229, Wieckowski. Accessory dwelling units .......................................................................... 39 SB 231, Hertzberg. Local government: fees and charges ............................................................. 44 SB 235, Allen. Elections: ballot designation requirements .......................................................... 10 SB 238, Hertzberg. Criminal procedure: arrests and evidence ..................................................... 56 SB 285, Atkins. Public employers: union organizing ................................................................... 14 SB 286, Stern. Elections: voting ................................................................................................... 10 SB 302, Mendoza. Joint powers agencies: Orange County Fire Authority: funds ....................... 25 SB 314, Nguyen. Massage therapy: certification: credit hours ...................................................... 4 SB 315, Nguyen. California Massage Therapy Council: material for non-English speakers ......... 4 SB 324, Roth. Public officers: custodial officers .......................................................................... 56 SB 329, Leyva. Manufactured homes: financial assistance programs.......................................... 31 SB 330, Berryhill. Building permit fees: waiver .......................................................................... 32 SB 334, Dodd. Enhanced industrial disability leave..................................................................... 15 SB 338, Skinner. Integrated resource plan: peak demand ............................................................ 45 SB 358, Stern. Political Reform Act of 1974: Secretary of State: online filing and disclosure system ....................................................................................................................................... 11 v 1282816.1 SB 367, Bates. Tidelands and submerged lands: County of Orange ............................................ 45 SB 387, Jackson. The False Claims Act ....................................................................................... 47 SB 396, Lara. Employment: gender identity, gender expression, and sexual orientation ............ 15 SB 400, Portantino. Highways: surplus residential property ........................................................ 32 SB 418, Hernandez. Public contracts: skilled and trained workforce........................................... 47 SB 427, Leyva. Public water systems: community water systems: lead user service lines .......... 45 SB 432, Pan. Emergency medical services ................................................................................... 45 SB 448, Wieckowski. Local government: organization: districts ................................................. 25 SB 450, Hertzberg. Public bodies: bonds: public notice .............................................................. 21 SB 496, Cannella. Indemnity: design professionals ..................................................................... 47 SB 511, Stern. Elections: Secretary of State ................................................................................. 11 .................................................................................. 15 SB 540, Roth. Workforce Housing Opportunity Zone ................................................................. 32 SB 563, Lara. Residential wood smoke ........................................................................................ 27 SB 568, Lara. Primary elections: election date ............................................................................. 11 SB 587, Atkins. Emergency vehicles: blue warning lights ........................................................... 56 SB 597, Leyva. Human trafficking: victim confidentiality .......................................................... 56 SB 598, Hueso. Public utilities: gas and electric service disconnections ..................................... 46 SB 614, Hertzberg. Public transportation agencies: administrative penalties .............................. 62 SB 654, Dodd. Local moratorium: gambling tables ....................................................................... 4 SB 665, Moorlach. Elections: ballot measures ............................................................................. 11 SB 672, Fuller. Traffic-actuated signals: motorcycles and bicycles ............................................. 62 SB 732, Stern. General plan: agricultural land ............................................................................. 40 SB 742, Moorlach. City treasurers ................................................................................................ 25 SB 764, Moorlach. Real estate trust fund accounts: fidelity insurance .......................................... 5 vi 1282816.1