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HomeMy WebLinkAbout11 LEGISLATIVE UPDATEAgenda Item 1 1 Reviewed: AGENDA REPORT City Manager l— Finance Director NIA MEETING DATE: OCTOBER 1, 2019 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: MATTHEW S. WEST, CITY MANAGER SUBJECT: LEGISLATIVE UPDATE SUMMARY: Staff has prepared a summary of state legislative activity. RECOMMENDATION: 1. Receive and file the updated legislative matrix as of September 19. 2. Other actions at the pleasure of the City Council. FISCAL IMPACT: Not applicable. DISCUSSION: Remaininq Key Dates for 2019 The last remaining key date for the 2019 legislative session is October 13, the last day for Governor Newsom to sign or veto bills. Legislative Session Overview Despite numerous challenges posed to cities at the beginning of the legislative session, there are many positives for cities to take away after the Legislature recessed for the year: - Major funding secured in budget for affordable housing, addressing homelessness, and local planning - SB 1 (gas tax) transportation funds for local streets and roads protected - Aggressive mandatory housing density bills stalled for current year; many other bills of concern amended or sidelined - Many labor and elections bills of concern stopped or neutralized - Compromise on law enforcement use of deadly force reached - Bill to undermine local parking regulation authority stopped Agenda Report — Legislative Update October 1, 2019 Page 2 Update on Active Major Legislation with City Positions (as of September 19) AB 392 (Weber): Peace officers: deadly force. - Position: Oppose Unless Amended - Status: Signed by Governor Newsom AB 516 (Chiu): Authority to remove vehicles. - Position: Oppose Unless Amended - Status: Did not pass Legislature before deadline SB 230 (Caballero): Law enforcement: use of deadly force: training: policies. - Position: Support - Status: Signed by Governor Newsom SB 266 (Leyva): Public Employees' Retirement System: disallowed compensation: benefit adjustments. - Position: Oppose - Status: Did not pass Legislature before deadline SB 330 (Skinner): Housing Crisis Act of 2019. - Position: Oppose Unless Amended - Status: Passed by Legislature. Awaits action by Governor Newsom. SB 670 (McGuire): Telecommunications: community isolation outage: notification. - Position: Support - Status: Passed by Legislature. Awaits action by Governor Newsom. Housing Legislation Awaiting Governor's Action Over 150 bills were introduced this Legislative session to increase the supply of housing or ease the burden of housing costs, however a vast majority of these bills did not advance through the legislative process for a variety of reasons, including: - Unlimited density - No parking requirements - Little to no public review - Little consideration for communities (top down approach) - Tenant eviction concerns Agenda Report — Legislative Update October 1, 2019 Page 3 The only bills with major changes to housing laws that seem to have garnered traction after some rounds of concessions are: - AB 1482 (Chiu) o Limits annual rent increases to 5% plus inflation for current tenants o Does not change landlord's ability to raise rents after a tenant leaves - AB 1763 (Chiu) o Greatly expands existing Density Bonus Law by requiring, at the request of a developer, for 100 percent affordable housing projects, a city or county must award an 80 percent density bonus and four incentives and concessions. For 100 percent affordable housing projects within one-half mile of a major transit stop a city or county would be required to allow unlimited density, four incentives and concessions, and up to three additional stories. - SB 5 (Beall) o Creates a local -State partnership program to provide up to $2 billion annually (from local ERAFs) to fund State approved affordable housing, infrastructure, and economic development projects that also support State policies to reduce greenhouse gas emissions, expand transit oriented development (TOD), address poverty, and revitalize neighborhoods. o Program limited to projects that match state policies (one of which is 50% of funding goes to affordable housing) Legislative Matrix Attached is an updated legislative tracking matrix as of September 19 that tracks bills of interest as well as bills tracked by the League of California Cities (LOCC), the Association of California Cities — Orange County (ACC -OC), the Municipal Water District of Orange County (MWDOC) and other state and local associations. The matrix is sorted by bill category. Staff is available for any questions the Council may have. Attachments: - Legislative tracking matrix City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of September 19, 2019 LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill Title Category Author Short Summary Location LOCC ACCOC This bill would declare the intent of the Legislature to require each general law city and county to establish an Elections: general law independent redistricting commission that is modeled after the Citizens Redistricting Commission. The bill AB city and county Elections Salas (D) would require each of those local jurisdictions to establish an independent redistricting commission for the Dead 1724 redistricting purpose of adjusting the boundary lines of districts for the legislative body of the local jurisdiction after each federal decennial census. Existing law requires local governments, when submitting for voter approval a bond measure that will be Elections: local bond secured by an ad valorem tax, to provide the voters with a statement that includes estimates of the tax rates AB measures: tax rate Elections Obernolte required to fund the measure. Tax rates are expressed as the rate per $100 of assessed valuation on all Dead 610 () R statement property to be taxed to fund the bond measure. This bill would instead require that the tax rate be expressed as the rate per $1,000 of assessed valuation on all property to be taxed to fund the bond measure. This bill would authorize the proponent of a county, municipal, or district referendum to withdraw the Local referenda and 5B referendum at any time before the 88th day before the election, whether or not the petition has already charter amendments: Elections Stern (D) Enrolled S 681 been found sufficient by the elections official. The bill would grant the same authority to withdraw to the withdrawal proponent of an amendment of a city or county charter. This bill would specify that, on and after April 1, 2019, a retailer engaged in business in this state includes any Use taxes: collection: retailer that, in the preceding calendar year or the current calendar year, has a cumulative sales price from AB retailer engaged in the sale of tangible personal property for delivery in this state that exceeds $500,000. The bill would allow the business in this state: Finance Burke (D) Chaptered S S 147 department to grant relief to certain retailers engaged in business in this state for specified interest or marketplace penalties imposed on use tax liabilities due and payable for tax reporting periods beginning April 1, 2019 and facilitators. ending December 31, 2022. This bill would require a local government by September 1, 2020, and annually thereafter, to submit a written report to the State Controller's office on how it plans to spend any of its budget reserves, as defined, on Local government AB Boerner specified priorities over a 5 -year fiscal period, including, among others, mental and behavioral health services finance: budget Finance Dead 1640 Horvath (D) and affordable housing. The bill would provide this reporting requirement only applies to a local government reserves if the local government's budget reserve in the immediately preceding fiscal year was in excess of 30 percent of the total expenditures of the local government in that fiscal year. City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of September 19, 2019 LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill Title Category Author Short Summary Location LOCC ACCOC Sales and use taxes: exemption: sanitary This bill, on and after January 1, 2020, and until January 2025, would exempt from sales taxes the gross AB Christina napkins: tampons: Finance receipts from the sale in this state of, and the storage, use, or other consumption in this state of, tampons, Dead 31 Garcia (D) menstrual sponges sanitary napkins, menstrual sponges, and menstrual cups and menstrual cups AB Sales and use taxes: This bill, until January 1, 2025, would exempt from sales taxes the gross receipts from the sale in this state of, Finance Gonzalez (D) Dead 66 exemption: diapers and the storage, use, or other consumption in this state of, diapers for infants and toddlers. This bill would, commencing January 1, 2020, authorize a local agencyto invest and deposit the agency's Local government: AB surplus funds in deposits at specified types of financial institutions whether those investments are certificates financial affairs: Finance McCarty (D) Enrolled 945 of deposit or another form, and would increase the percentage of the local agency's funds that can be surplus funds invested to 50%. Local government Authorizes a city, county, or city and county, or special district to levy an ad valorem tax to fund the financing: affordable ACA Aguiar-Curry construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, or housing and public Finance Dead S 1 (D) permanent supportive housing, or the acquisition or lease of real property for those purposes with 55%voter infrastructure: voter approval. approval. Would prohibit, on or after January 1, 2020, a local agency from entering into any form of agreement that would result, directly or indirectly, in the payment, transfer, diversion, or rebate of Bradley -Burns local tax revenues to any retailer, as defined, in exchange for the retailer locating or continuing to maintain a sales 5B Local agencies: Finance Glazer (D) nexus, as defined, within the territorial jurisdiction of the local agency if the sales nexus would generate Enrolled S 531 retailers revenue, from the sale of tangible property delivered to and received by the purchaser in the territorial J urisdiction of another local agency, for the local agency under the Bradley -Burns Uniform Local Sales and Use Tax Law. City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of September 19, 2019 LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill Title Category Author Short Summary Location LOCC ACCOC Authorizes the State Controller to automatically allocate to a state or local agency, without the requirement AB Unclaimed Propery Finance Smith (D) for an agency to file a claim, any unclaimed property in that agency's name received as part of the Controller's Enrolled S 1637 Law unclaimed property database. Income taxes: credits This bill, under the law governing the taxation of insurers, the Personal Income Tax Law, and the Corporation AB low-income housing: Housing Chiu (D) Tax Law, for calendar years beginning in 2020, would increase the aggregate housing credit dollar amount Dead S 10 farmworker housing. that may be allocated among low-income housing projects by an additional $500,000,000 Under the Subdivision Map Act, when a local ordinance requires improvements for a subdivision consisting of 4 or fewer lots, the regulations are required to be limited to the dedication of rights-of-way, easements, and AB Subdivisions: local Housing Gloria (D) the construction of reasonable offsite and onsite improvements of the parcels being created. This bill would Dead 1250 ordinances instead make those provisions applicable to a local ordinance that requires improvements for a subdivision consisting of 10 or fewer lots. Current law requires the housing element to contain specified information and analysis, including an assessment of housing needs and an inventory of resources and constraints relevant to the meeting of those Emergency and AB Quirk -Silva needs that includes, among other things, the identification of a zone or zones where emergency shelters are 139 Transitional Housing Housing (D) allowed as a permitted use without a conditional use or other discretionary permit. Current law requires the Enrolled Act of 2019 identified zone or zones to include sufficient capacity to accommodate the need for emergency shelter, as specified. This bill would define "sufficient capacity" for these purposes. This bill would require HCD, on or before June 30, 2022, and on or before June 30 every year thereafter and until June 30, 2051, to review each housing production report submitted by a city or county to determine if Housing law that city or county has met the applicable minimum housing production goal for that reporting period. If HCD compliance: determines that a city or county has met its applicable minimum housing production goal for that reporting AB prohibition on Housing McCarty (D) period, HCD shall submit a certification of that result to the Controller. For each city and county that is not in Dead O O 1568 applying for state compliance, the bill would prohitbit it from applying for a state grant, unless the fund source of the state grants grant is protected by a specified provision of the California Constitution relating to state taxes and fees on motor vehicles and motor vehicle fuels or the state grant funds, if awarded to the city or county, would assist the city or county in complying with the Housing Element Law. City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of September 19, 2019 LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill Title Category Author Short Summary Location LOCC ACCOC This bill would prohibit an ordinance from imposing requirements on minimum lot size, lot coverage, or floor area ratio, and would prohibit an ordinance from establishing size requirements for accessory dwelling units AB Land use: accessory Housing Ting (D) or junior accessory dwelling units that do not permit at least an 800 square feet unit of at least 16 feet in Enrolled O 68 dwelling units. height to be constructed. This bill would instead require a local agency to ministerially approve or deny a permit application for the creation of an accessory dwelling unit or junior accessory dwelling unit permit within 60 days of receipt. This bill would authorize HCD to submit written findings to a local agency as to whether the local ordinance on accessory dwelling units complies with state law, and to notify the Attorney General if the ordinance AB Land use: accessory Housing Ting (D) violates state law. The bill would require a local agency to consider HCD's findings and would authorize the Dead 69 dwelling units. local agency to amend its ordinance to comply with state law or adopt a resolution with findings explaining why the ordinance complies with state law, and addressing the department's findings. Veterans Housing and This bill would enact the Veterans Housing and Homeless Prevention Bond Act of 2019 to authorize the AB Homeless Prevention Housing Irwin (D) issuance of bonds in an unspecified amount to provide additional funding for the VHHPA. The bill would Dead 694 Bond Act of 2019 provide for the handling and disposition of the funds in the same manner as the 2014 bond act. This bill would require the management to give homeowners at least 60 days' written notice that the management will be appearing before a local governmental board, commission, or body to obtain local approval for the intended change of use of the mobilehome park and comply with other specified provisions. AB Mobilehome parks: Housing Stone (D) The bill would also require the local government to first make a finding that the approval of the closure of the Dead 705 change of use mobilehome park and of its conversion into its intended new use will not result in, or materially contribute to, a shortage of housing opportunities and choices within the local jurisdiction for low -and moderate -income households. General plans: housing element: above moderate - AB income housing: Housing Wicks (D) Would prohibit more than 20% of a jurisdiction's share of regional housing need for above moderate -income Dead 725 housing from being allocated to sites with zoning restricted to single-family development. suburban and metropolitan jurisdictions City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of September 19, 2019 LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill Title Category Author Short Summary Location LOCC ACCOC Existing law requires the Department of Housing and Community Development, by June 30, 2019, to Department of complete a study to evaluate the reasonableness of local fees charged to new developments and requires the Housing and study to include findings and recommendations regarding potential amendments to the Mitigation Fee Act to AB Community Housing Grayson (D) substantially reduce fees for residential development. This bill would require the department to post the Dead 831 Development: study: study on its internet website on or before March 1, 2020. The bill would also require the department, by local fees: new January 1, 2024, to issue a report to the Legislature on the progress of cities and counties in adopting the developments recommendations made in the study. This bill would authorize a development proponent of a neighborhood multifamily project or eligible TOD project located on an eligible parcel to submit an application for a streamlined, ministerial approval process 5B 4 Housing Housing McGuire (D) that is not subject to a conditional use permit. The bill would define a "neighborhood multifamily project' to Dead mean a project to construct a multifamily unit of up to 2 residential dwelling units in a nonurban community, as defined, or up to 4 residential dwelling units in an urban community, as defined, that meets local height, setback, and lot coverage zoning requirements as they existed on July 1, 2019. Affordable Housing 5B 5 and Community Housing Beall (D) This bill opens up majorfunding options for cities and local agencies by creating a state approval mechanism Enrolled S Development to access growth off of the school share for local projects that match state priorities. Investment Program This bill will supersede certain local zoning regulations by (a) allowing residential buildings of at least four or Planning and zoning: five stories within half a mile of rail stations, (b) removing density limits within a quarter -mile of stops on bus 5B 50 housing Housing Weiner (D) lines with frequent service, (c) removing density limits in high-income census tracts with lots of jobs and good Dead O O development: schools, regardless of their proximity to transit (undefined at this time), (d) requiring streamlined approval of incentives fourplexes on vacant land in any zoned residential area, and (e) drastically reduce parking requirements 5B Housing Crisis Act of Housing Skinner (D) This bill declares a statewide housing crisis and prohibits cities from imposing parking requirements, adjusting Enrolled O O 330 2019 impact fees on affordable housing and limiting new design standards based on cost for 5 years. City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of September 19, 2019 LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill Title Category Author Short Summary Location LOCC ACCOC This bill would prohibit a local jurisdiction from requiring a property owner live in the main house or one of the accessory structures. This would incentivize operating the property as a commercial enterprise and could AB Accessory dwelling Housing Bloom (D) have the unintended effect of largescale investors purchasing many single-family homes and adding ADUs, Enrolled O 881 units thus operating more like a property management company, not a homeowner seeking some additional income. This bill would additionally require a density bonus to be provided to a developer who agrees to construct a housing development in which 100% of the total units, exclusive of managers' units, are for lower income households, as defined. The bill would also require that a housing development that meets this criteria Planning and zoning: receive 4 incentives or concessions under the Density Bonus Law. The bill would generally require that the AB density bonuses: Housing Chiu (D) housing development receive a density bonus of 80%, but would exempt the housing development from any Enrolled O 1763 affordable housing maximum controls on density if it is located within % mile of a major transit stop or a high-quality transit corridor, as defined, and additionally require the city, county, or city and county to allow an increase in height and floor area ratio in specified amounts that vary depending on whether the development is located within mile of a major transit stop or a high-quality transit corridor. Would authorize the creation of accessory dwelling units in areas zoned to allow single-family or multifamily Accessory dwelling Wieckowski dwelling use. The bill would also revise the requirements for an accessory dwelling unit by providing that the 5B 13 units. Housing (D) accessory dwelling unit may be attached to, or located within, an attached garage, storage area, or other Enrolled O structure, and that it does not exceed a specified amount of total floor area. This bill would additionally prohibit a local agency from disapproving or conditioning a housing development 5B Housing Housing Wiener (D) project that is determined to be complete, as provided, and would make other related conforming changes. Dead 592 Accountability Act The bill would provide that the act applies to a housing development project regardless of whether the local agency's review of the project is a ministerial or use by right decision, or a discretionary approval. Would establish the New Beginnings California Program in the Department of Community Services and Development and create the New Beginnings California Account for the purpose of providing matching grant AB New Beginnings Housing Calderon (D) funding to cities and local continuum of care programs to implement, expand, or continue employment Enrolled S 344 California Program programs for homeless individuals, as specified. The bill would require qualifying employment programs to, among other things, connect program participants with employment and pay them an hourly wage that is at or above minimum wage. City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of September 19, 2019 LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill Title Category Author Short Summary Location LOCC ACCOC Would require 90 days' notice if a landlord of a residential dwelling with a month-to-month tenancy increases AB Rent increases: the rent by more than 10%, but no more than 15%, of the amount of the rent charged to a tenant annually. Housing Friedman (D) Enrolled S 1110 noticing This bill would require 120 days' notice if a landlord of a residential dwelling with a month-to-month tenancy increases the rent by more than 15% of the amount of the rent charged to a tenant annually. California Emergency Solutions and This bill would require the Department of Housing and Community Development to develop and administer a 5B Housing Program: Housing Hertzberg (D) program to award grants to qualified homeless shelters, as described, for the provision of shelter, food, and Dead S 258 grants: homeless basic veterinary services for pets owned by people experiencing homelessness. shelters: pets and veterinary services Existing law has requirements for the disposal of surplus land by a local agency. This bill would expand the definition of "local agency" to include sewer, water, utility, and local and regional park districts, joint powers authorities, successor agencies to former redevelopment agencies and housing authorities, thereby requiring AB these entities to comply with these requirements for the disposal of surplus land. The bill would specify that Surplus land Housing Ting (D) Enrolled 1486 the term "district" includes all districts within the state, and that this change is declaratory of existing law. The bill would revise the definition of "surplus land" to mean land owned in fee simple by any local agency, for which the local agency's governing body takes formal action, in a regular public meeting, declaring that the land is surplus and is not necessary for the agency's use. 5B Discrimination. Prohibits landlords from discriminating agaist tenants who rely upon housing assistance paid directly to Housing. Source of Housing Mitchell (D) Enrolled S 329 landlords, such as Section 8 vouchers, to help them pay the rent. Income Housing Data. Requires local jurisdictions to provide public information regarding its zoning ordinances, development AB Collection and Housing Grayson (D) standarads, fees, exactions, and affordability requirements. This information must be available on the local Enrolled O 1483 Reporting. jurisdiction's internet website. City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of September 19, 2019 LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill Title Category Author Short Summary Location LOCC ACCOC This bill would authorizes the formation of an affordable housing and infrastructure agency by adoption of a resolution of intention include a passthrough provision and an override passthrough provision. The bill would provide for a governing board of the agency consisting of one member appointed by the legislative body or Community AB Housing, Redevelopment Law Chiu (D) the legislative bodies, as applicable, that adopted the resolution of intention, one member appointed by each Dead 11 Finance affected taxing entity, and 2 public members.The bill would also require that not less than 30% of all taxes of 2019 allocated to the agency from an affected taxing entity be deposited into a separate fund, established by the agency, and used for the purposes of increasing, improving, and preserving the community's supply of low- and moderate-income housing available at an affordable housing cost, as provided. AB Public works: Labor & This bill would increase the threshold to require the payment of a prevailing rate of per diem wages to from 1045 prevailing wages Employment Chen (R) $10,000 to $100,000 Dead This bill would prohibit a public employer from deterring or discouraging a public employee or an applicant to Public employers: be a public employee from opting out of becoming or remaining a member of an employee organization. The AB employee Labor & Choi (R) bill would prohibit a public employer from taking adverse action against a public employee or applicant to be Dead 249 Employment organizations a public employee who opts out of becoming or remaining a member of an employee organization and would specifythat adverse action includes reducing a public employee's current level of pay or benefits. City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of September 19, 2019 LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill Title Category Author Short Summary Location LOCC ACCOC This bill would prescribe requirements relating to release time that would apply to all of the public employers and employees and would generally repeal the provisions relating to release time. The bill would require these public employers to grant a reasonable number of employee representatives of the exclusive representative reasonable time off without loss of compensation or other benefits for specified activities. This requirement would apply to activities to investigate and process grievances or otherwise enforce a collective bargaining agreement or memorandum of understanding; to meet and confer with the public employer on Public employment: AB Labor & matters within the scope of representation, including preparation forthe activities specified in these labor relations: Bonta (D) Enrolled O 314 Employment provisions; to testify or appear as the designated representative of the exclusive representative in release time conferences, hearings, or other proceedings before the Public Employment Relations Board or similar bodies, as specified; to testify or appear as the designated representative of the exclusive representative before the governing body of the public employer, or a personnel, civil service, or merit commission, among others, and to serve as a representative of the exclusive representative for new employee orientations. The bill would specify that its provisions prescribe minimum release time rights and would prescribe requirements regarding the relation of its provisions to other labor agreements that address release time. Existing law establishes, until January 1, 2020, for contracts entered into on or after January 1, 2017, a claim resolution process applicable to any claim by a contractor in connection with a public works project against a public entity. Existing law defines a claim for these purposes as a separate demand by the contractor for one AB Public contracts: Labor & Chiu (D) or more of the following: a time extension for relief from damages or penalties for delay, payment of money Enrolled 456 claim resolution Employment or damages arising from work done pursuant to the contract for a public work, or payment of an amount disputed by the public entity, as specified.This bill would remove the January 1, 2020, repeal date on these provisions, thereby making this claim resolution process operative indefinitely. This bill would provide that a public subsidy is de minimis if it is both less than $275,000 and less than 2% of AB Public works: public Labor & Kalra (D) the total project cost. The bill would specify that those provisions do not apply to a project that was Enrolled 520 subsidy Employment advertised for bid, or a contract that was awarded before July 1, 2020. City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of September 19, 2019 LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill AB 672 Title Public employees' retirement: disability retirement: reinstatement Category Labor & Employment Author Cervantes (D) Short Summary This bill would prohibit a person who has retired for disability from being employed by any employer without reinstatement from retirement if the position is the position from which the person retired or if the position includes duties or activities that the person was previously restricted from performing at the time of retirement, unless an exception applies. The bill would require, if a person retired for disability is employed by an employer without reinstatement, an employer to provide to the board the nature of the employment and the duties and activities the person will perform. Location Chaptered LOCC ACCOC Existing law authorizes a person claiming to be aggrieved by an alleged unlawful practice to file a complaint Employment AB 9 discrimination: Labor & Reyes (D) with the Department of Fair Employment and Housing within one year from the date upon which the Enrolled O Employment unlawful practice occurred, unless otherwise specified. This bill would extend the above-described period to 3 limitation of actions. years for complaints alleging employment discrimination. Current law designates illnesses and conditions that constitute a compensable injury for various employees, such as California Highway Patrol members, firefighters, and certain peace officers. These injuries include, but Employment: are not limited to, hernia, pneumonia, heart trouble, cancer, meningitis, and exposure to biochemical 56 workers' Labor & Hueso (D) substances, when the illness or condition develops or manifests itself during a period when the officer or Dead O 416 Employment compensation employee is in service of the employer, as specified. This bill would expand the coverage of the above provisions relating to compensable injuries, to include all persons defined as peace officers under certain provisions of law, except as specified. Public Employees' 5B Retirement System: Labor & Would require public agencies to directly pay retirees and/or their beneficiaries, disallowed retirement disallowed Leyva (D) Dead O 266 Employment benefits using local agency general fund dollars. compensation: benefit adjustments 10 City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of September 19, 2019 LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill Title Category Author Short Summary Location LOCC ACCOC This bill would expand the definition of childhood sexual abuse, which would instead be referred to as childhood sexual assault. This bill would increase the time limit for commencing an action for recovery of Damages: childhood damages suffered as a result of childhood sexual assault to 22 years from the date the plaintiff attains the age AB Labor & sexual assault: Gonzalez (D) of majority or within 5 years of the date the plaintiff discovers or reasonably should have discovered that the Enrolled 218 Employment statute of limitations psychological injury or illness occurring after the age of majority was caused by sexual assault, whichever is later. This bill would also provide for the recovery of up to treble damages against certain defendants in these actions, and would revive time -lapsed claims in certain circumstances. This bill would require a parking space served by electric vehicle service equipment and a parking space designated as a future electric vehicle charging space, as defined, to be counted as at least one standard automobile parking space for the purpose of complying with any applicable minimum parking requirements AB Electric vehicles: Kamlager- Misc established by a local jurisdiction. The bill would require a van -accessible parking space served by electric Enrolled 1100 parking requirements Dove (D) vehicle service equipment and a van -accessible parking space intended as a future electric vehicle charging space to be counted as at least 2 standard automobile parking spaces for the purpose of complying with any applicable minimum parking requirements established by a local jurisdiction. This bill would add the day on which a statewide general election is held, which is the first Tuesday after the first Monday in November of any even -numbered year, to the lists of holidays. The bill would require AB Election day holiday Misc Low (D) community colleges and public schools to close on any day on which a statewide general election is held. The Dead 177 bill would require that state employees, with specified exceptions, be given time off with pay for days on which a statewide general election is held. Inspection of public records: use of This bill would grant a public records requester the right to use the requester's equipment, without being AB Committee requester's Misc charged any fees or costs, to photograph or otherwise copy or reproduce any record upon inspection, unless Enrolled 1819 on Judiciary reproduction the means of copy or reproduction would damage the record. equipment Planning and zoning: AB general plan: safety Misc Levine (D) This bill would require the safety element's address of evacuation routes to include their capacity under a Enrolled 747 range of emergency scenarios. element 11 City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of September 19, 2019 LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill Title Category Author Short Summary Location LOCC ACCOC AB Elections: local The bill would require the governing body of each local jurisdiction with district boundaries to adopt new Misc Bonta (D) Enrolled O 849 redistricting district, division, or trustee area boundaries after each federal decennial census This bill, on and after January 1, 2030, would require the composition of a local board and commission of a city eith a population of 50,000 or more, that the city not appoint members of nonsalaried, nonelected State and local boards or commissions consisting of 5 or more members such that individuals of the same gender identity boards and AB Boerner comprise more than 60% of the board or commission's membership. The bill would also prohibit a board or 931 commissions: Misc Hovarth (D) commission with 4 or fewer nonelected and nonsalaried members from being comprised exclusively of Enrolled O representation: people with the same gender identity. The bill would define "gender identity" for purposes of the bill, and appointments would exclude from its provisions a board or commission that has as its primary purpose addressing issues of relevance to a particular gender identity. The Brown Act prohibits a majority of the members of a local body from using a series of communications of Open meetings: local AB any kind to discuss, deliberate or take action on any item of business. This bill would provide that the agencies: social Misc Mullin (D) Dead 992 prohibition does not apply to the participation in an internet-based social media platform by a majority of the media members of the legislative body. Members of the Assembly - ACA This measure would extend the terms of Members of the Assembly from 2 to 4 years, commencing with the Assembly: terms of Misc Chu (D) Elections and 10 November 3, 2020, general election office Redistricting This measure would abolish the State Board of Equalization and instead require the Legislature to create a Assembly - ACA State tax agency Misc Nazarian (D) state tax agency by statute for purposes of carrying out those powers, duties, and responsibilities previously Revenue and 2 vested in the State Board of Equalization. Taxation Public record: writing This bill would, unless a longer retention period is required by statute or regulation, require a public agency AB transmitted by for purposes of the California Public Records Act to retain and preserve for at least 2 years every writing Misc Gloria (D) Enrolled O 1184 electronic mail: containing information relating to the conduct of the public's business prepared, owned, or used by any retention public agency that is transmitted by electronic mail or other similar messaging system. 12 City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of September 19, 2019 LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill Title Category Author Short Summary Location LOCC ACCOC This bill would, among other things, prohibit a state or local agency from adopting any law or regulation that bans the operation of an unmanned aircraft system. The bill would also authorize a local agency to adopt regulations to enforce FAA regulations regarding the operation of unmanned aircraft systems and would authorize local agencies to regulate the operation of unmanned aircraft and unmanned aircraft systems Unmanned aircraft: within their jurisdictions, as specified. The bill would also authorize a local agency to require an unmanned AB state and local Misc Irwin (D) aircraft operator to provide proof of federal, state, or local registration to licensing or enforcement officials. Dead S 1190 regulation: The bill would include the operation of small unmanned aircraft systems within the definition of hazardous limitations recreational activity for purposes of public entity liability, and would authorize a local entity to designate a recreational operating area for unmanned aircraft operation. The bill would immunize a local entity that designates such a recreational are from liability for injury or damage associated with unmanned aircraft operation, if specified signage is posted. Would enact the Wildfire, Drought, and Flood Protection Bond Act of 2020, which, if approved by the voters, would authorize the issuance of bonds in the amount of $4,300,000,000 pursuant to the State General Wildfire, Drought, Obligation Bond Law to finance projects to restore fire damaged areas, reduce wildfire risk, create healthy 5B 45 and Flood Protection Misc Allen (D) Dead forest and watersheds, reduce climate impacts on urban areas and vulnerable populations, protect water Bond Act of 2020 supply and water quality, protect rivers, lakes, and streams, reduce flood risk, protect fish and wildlife from climate impacts, improve climate resilience of agricultural lands, and protect coastal lands and resources. This bill, if more than 50% of the electorate of a local jurisdiction voted in favor of AUMA, would require a local jurisdiction to issue a minimum number of local licenses authorizing specified retail cannabis commercial activity within that jurisdiction that would be permitted by a retailer license issued under MAUCRSA. The bill Cannabis: local would require the minimum number of those local licenses required to be issued in that jurisdiction to bel/6 AB jurisdictions: retail Misc Ting (D) of the number of currently active on -sale general licenses for alcoholic beverage sales in that jurisdiction, as Dead O O 1356 commercial cannabis specified, unless the minimum number would result in a ratio greater than one local license for retail cannabis activity commercial activity for every 15,000 residents of the local jurisdiction, in which case the bill would require the minimum number to be determined by dividing the number of residents in the local jurisdiction by 15,000 and rounding down to the nearest whole number. 13 City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of September 19, 2019 LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill Title Category Author Short Summary Location LOCC ACCOC This bill would enact the California Circular Economy and Plastic Pollution Reduction Act, which would require, before January 1, 2024, regulations that require covered entities, as defined, to source reduce, to the maximum extent feasible, single -use packaging and priority single -use plastic productds and to ensure that by 2030 all single -use packaging and priority single -use plastic products in the California market are California Circular recyclable or compostable. The bill would require those regulations to achieve, by 2030, a 75% reduction of Economy and Plastic 5B 54 Misc Allen (D) the waste generated from single -use packaging, and a 75% reduction of the waste generated from priority Dead S Pollution Reduction single -use plastic products, offered for sale or sold in the state through source reduction, recycling, or Act composting, and would establish a policy goal to achieve, by 2030, a 75% reduction of the waste generated from all other single -use products offered for sale or sold in the state through source reduction, recycling, or composting. The bill would require covered entities to annually report specified information to the department This bill would enact the California Circular Economy and Plastic Pollution Reduction Act, which would require, before January 1, 2024, regulations that require covered entities, as defined, to source reduce, to the maximum extent feasible, single -use packaging and priority single -use plastic productds and to ensure that by 2030 all single -use packaging and priority single -use plastic products in the California market are California Circular recyclable or compostable. The bill would require those regulations to achieve, by 2030, a 75% reduction of AB Economy and Plastic Misc Gonzalez (D) the waste generated from single -use packaging, and a 75% reduction of the waste generated from priority Dead S 1080 Pollution Reduction single -use plastic products, offered for sale or sold in the state through source reduction, recycling, or Act composting, and would establish a policy goal to achieve, by 2030, a 75% reduction of the waste generated from all other single -use products offered for sale or sold in the state through source reduction, recycling, or composting. The bill would require covered entities to annually report specified information to the department Discovery. Personnel Shortens the notice requirement in criminal cases when a defendant files a motion to discover police officer AB Records. Peace Misc Kalra (D) misconduct from 16 days to 10 days. Creates a limited exception to the prohibition on the release of Enrolled O 1600 Officers and Custodial supervisorial officer records. Records. This bill would make forcibly entering a vehicle with the intent to commit a theft therein a crime punishable Unlawful entry of a 5B 23 Public Safety Weiner (D) by imprisonment in a countyjail for a period not to exceed one year or imprisonment in a county jail for 16 Dead S vehicle months, or 2 or 3 years. 14 City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of September 19, 2019 LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill Title Category Author Short Summary Location LOCC ACCOC Law enforcement: This bill would require each law enforcement agency to maintain a policy that provides guidelines on the use SB use of deadly force: Public Safety Caballero (D) of force, utilizing deescalation techniques and other alternatives to force when feasible, specific guidelines for Chaptered S 230 training: policies thea plication of deadly force, and factors for evaluating and reviewing all use of force incidents. Local Emergency This measure would establish a Local Emergency Preparedness and Hazard Mitigation Fund with the purpose AB Preparedness and Public Safety Chu (D) and intent of helping local jurisdictions to meet their emergency preparedness goals and boosting programs Dead S 291 Hazard Mitigation throughout the state that remain underfunded or neglected. Fund Current law authorizes each county, including a city and county, to enter into an agreement to access the contact information of resident accountholders through the records of a public utility or other agency responsible for water service, waste and recycling services, or other property -related services for the sole purpose of enrolling county residents in a county -operated public emergency warning system. Current law 5B 46 Emergency services: Public Safety Jackson (D) requires any county that enters into such an agreement to include procedures to enable any resident to opt Dead S telecommunications out of the warning system and a process to terminate the receiving agency's access to the resident's contact information. Current law prohibits the use of the information gathered for any purpose other than for emergency notification. This bill would expand these provisions to authorize a city to enter into an agreement to access the contact information of resident accountholders through the records of a public utility, as specified. Would require a provider of telecommunications services, as defined, that provides access to 911 service to provide responder outage notification by electronic mail to the Office of Emergency Services whenever an outage occurs limiting the provider's customers' ability to make 911 calls or receive emergency notifications, Telecommunications: 5B outages affecting Public Safety McGuire (D) within 60 minutes of discovering the outage. The bill would make the Office of Emergency Services Enrolled S 670 responsible for notifying any applicable county office of emergency services and the sheriff of any county public safety affected by the outage. The bill would require the responder outage notification to the Office of Emergency Services to include the telecommunications provider's contact name, a calling number to be staffed as specified, and a description of the estimated area affected by the outage. 15 City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of September 19, 2019 LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill Title Category Author Short Summary Location LOCC ACCOC Would redefine the circumstances under which a homicide by a peace officer is deemed justifiable to include when the killing is in self-defense or the defense of another, consistent with the existing legal standard for self-defense, or when the killing is necessary to prevent the escape of a fleeing felon whose immediate AB Police officers: deadly Public Safety Weber (D) apprehension is necessary to prevent death or serious injury. The bill would additionally bar the use of this Chaptered O O 392 force defense if the peace officer acted in a criminally negligent manner that caused the death, including if the officer's criminally negligent actions created the necessity for the use of deadly force. The bill would require the third -party contractor, in conjunction with the commission, by July 1, 2022, to Seismically develop a statewide inventory of potentially seismically vulnerable buildings in 29 specified counties in AB vulnerable buildings: Public Safety Nazarian (D) California using information developed by local jurisdictions pursuant to the above-described provisions. The Dead S 429 inventory bill would require the commission to maintain the inventory and to report to the Legislature on the findings of the inventory. This bill would to peaceotticerMWUblicMEWN,riate, immobilize a vehicle. The bill would also delete modify the authority to remove a vehicle parked or left AB Authority to remove standing for 72 or more consecutive hours in violation of a local ordinance by requiring the vehicle to remain Public Safety Chiu (D) Dead O 516 vehicles parked or left standing for 10 or more business days after a notice is affixed to the vehicle specifying the date and time after which the vehicle may be removed. The bill would repeal the related authority to conduct a lien sale to cover towing and storage expenses. This bill, for taxable years beginning on or after January 1, 2020, and before January 1, 2025, would allow a AB Incometaxes: credit: Public Safety Nazarian (D) tax credit under both laws in an amount equal to 30% of the qualified costs paid or incurred by a qualified Dead S 234 seismic retrofits taxpayer for any seismic retrofit construction on a qualified building, as provided. OIL— Wildfire Smoke Clean Air Centers for Establishes the Wildlife Smoke Clean Air Centers for Vulnerable Populations Incentive Pilot Program. This AB Vulnerable Public Safety Wicks (D) grant program seeks to create a network of clean air centers by providing funding to public facilities for Enrolled S 836 Populations Incentive smoke -protective filtration systems. Program 16 City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of September 19, 2019 LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill AB 659 Title Transportation: emerging transportation technologies: California Smart City Challenge Grant Program Category Transportati on Author Mullin (D) Short Summary This bill would establish the California Smart City Challenge Grant Program to enable municipalities to compete for grant funding for emerging transportation technologies to serve their transportation system needs, and would specify certain program goals. The bill would require the commission to form the California Smart City Challenge Workgroup on or before July 1, 2020, to guide the commission on program matters, as specified. The bill would require the commission, in consultation with the workgroup, to develop guidelines on or before March 1, 2021, for the program, which would not be subject to the Administrative Procedure Act, and would authorize the commission to revise them as necessary. Location Dead LOCC S ACCOC This bill would limit the expenditure of TCA development fees to the maintenance, operation, or financing of a completed toll facility that is in service on January 1, 2020, and for which indebtedness was incurred. The County of Orange: bill would prohibit those entities, on and after January 1, 2020, from forming a new joint powers agency to AB joint exercise of Transportati Brough ® construct bridge facilities or major thoroughfares under that specific authorization or the general Dead 1273 powers agreeements: on authorization. The bill would prohibit a joint powers agency formed under that specific authorization before toll roads January 1, 2020, from designing, planning, developing, or constructing any of those facilities on or after January 1, 2020. This bill would define a "shared mobility device" as a bicycle, electric bicycle, motorized scooter, electrically motorized board, or other similar personal transportation device, that is made available to the public for shared use and transportation, as provided. The bill would require shared mobility devices to include a single unique alphanumeric ID. The bill would allow a local authority to require a shared mobility device provider to provide the local authority with deidentified and aggregated trip data as a condition for operating a shared Shared mobility AB devices: local Transportati Friedman (D) mobility device program. The bill would prohibit the sharing of individual trip data, except as provided by the Dead O 1112 on Electronic Communications Privacy Act. The bill would prohibit a local authority from imposing an unduly regulation restrictive requirement on a provider of shared mobility devices, including a requirement that is more restrictive than those applicable to riders of personally owned similar transportation devices.The bill would include findings that uniformity in certain aspects of local regulation of shared mobility devices and providers proposed by this bill addresses a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities and counties, including charter cities and counties. 17 City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of September 19, 2019 LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill Title Category Author Short Summary Location LOCC ACCOC This bill would require a shared mobility service provider, as defined, to enter into an agreement with, or obtain a permit from, the city or county with jurisdiction over the area of use. The bill would require that the provider maintain a specified amount of commercial general liability insurance and would prohibit the AB Shared mobility Transportati Muratsuchi provider from including specified provisions in a user agreement before distributing a shared mobility device Dead S 1286 deivices: agreements on (D) within that jurisdiction. The bill would define shared mobility device to mean an electrically motorized board, motorized scooter, electric bicycle, bicycle, or other similar personal transportation device, except as provided.This bill contains other related provisions. This bill would require the adoption or amendment of a primary drinking water standard for a contaminant in drinking water not regulated by a federal primary drinking water standard or that is more stringent than a Public water systems: federal primary drinking water standard to take effect 3 years after the date on which the state board adopts AB primary drinking Blanco Rubio 1204 water standards: Water (D) or amends the primary drinking water standard. The bill would authorize the state board to delay the Dead effective date of the primary drinking water standard adoption or amendment by no more than 2 additional implementation date years as necessary for capital improvements to comply with a maximum contaminant level or treatment technique. This bill would require the State Water Resources Control Board to adopt and complete a work plan within Drinking water: prescribed timeframes to assess which substances in the class of perfluoroalkyl and polyfluoroalkyl contaminants: substances should be tested as a identified as a potential risk to human health. health, as provided. The bill AB perfluoroalkyl and Water Ting (D) would require the Board to determine which of the substances are appropriate candidates for notification Dead 841 polyfluoroalkyl levels to be adopted by the state board. The bill would require the office, by January 1, 2022, to provide to substances the Legislature an update on the assessment. The bill would require the office to assess annually those substances as new information, scientific research, and detection methodologies become available. 5B Water Quality: Safe This bill would e the "Safe Drinking Water Trust Fund" to provide a stable funding source for Water Caballero (D) Dead S 669 Drinking Water Fund communities without access to reliable drinking water. Would declare, except in compliance with the bill's provisions, that the discharge of treated wastewater from Wastewater ocean outfalls is a waste and unreasonable use of water. The bill would require each wastewater treatment SB treatment: recycled Water Hertzberg (D) facility that discharges through an ocean outfall and affiliated water suppliers to reduce the facility's annual Dead O O 332 water flow as compared to the average annual wastewater discharge baseline volume, as prescribed, by at least 50% on or before January 1, 2030, and by at least 95% on or before January 1, 2040. 18 City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of September 19, 2019 LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC 19