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HomeMy WebLinkAbout10 LEGISLATIVE UPDATE JUNE 2, 2020 Agenda Item 10 Reviewed: 05 AGENDA REPORT City Manager MSW Finance Director N/A MEETING DATE- JUNE 2, 2020 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 legislative activity. RECOMMENDATION: 1. Receive and file the updated Legislative Matrix 2. Other actions at the pleasure of the City Council FISCAL IMPACT: Not applicable. DISCUSSION: Federal Updates Related to Local Government CARES Act/HEROES Act Since the passage of the $2 trillion Coronavirus Aid Relief and Economic Security (CARES) Act in March, there had been discussions on what should be included (if anything) in a new stimulus bill for local governments. The CARES Act did not include any stimulus or recovery funds for state and local governments under 500,000 residents. Even the state and local governments that did receive CARES Act funding could only use it for response, not revenue loss. This (and a number of other factors) ultimately led to the introduction of the $3 trillion Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act. The HEROES Act includes $875 billion in direct relief for state and local governments to be used for response as well as revenue loss over the next two fiscal years. All sizes of local governments would receive funding under the HEROES Act, unlike the CARES Act. Estimates are that Tustin could receive $40 million in FY 19/20 and $20 million in FY Agenda Report— Legislative Update June 2, 2020 Page 2 20/21 under the HEROES Act as currently constructed. The HEROES Act passed the House of Representatives in May, and awaits an uphill battle in the Senate. SMART Act While the HEROES Act includes funding for state and local governments, it also includes huge expenditures in other areas as well as another round of stimulus checks for the public. Another bill, the State and Municipal Assistance for Recovery and Transition (SMART) Act focuses solely on state and local government funding. The SMART Act includes $500 billion for all sizes of local government. Each state would get a minimum of $2 billion, and counties and cities would get additional revenue based on population, infection rates and revenue loss. The SMART Act has not had any action to date. State Legislative Activity California continues to navigate the difficulties surrounding COVID-19. Since the last Legislative Update, both the Senate and Assembly have re-convened and have begun holding policy committee hearings at the Capitol building with enhanced health and safety measures. Prior to the onset of COVID-19 and the recess of the Legislature, there were approximately 2,700 bills and resolutions pending committee action. The Legislature has focused its efforts on response and recovery, as well as a few key policy issues such as housing and emergency response. The current workload is approximately 500 bills that may be trimmed down further as needed in response to COVID-19. On the housing front, the Senate recently released a new package of bills to spur housing production. Staff is still evaluating these, as well as other housing bills, but the package and a brief synopsis is attached to this staff report. May Revision/State Budget Governor Newsom released his May Revision to the proposed January budget in mid- May. In January, the state was looking at a $6 billion surplus and a number of new policy proposals. As a result of COVID-19, the state is now looking at how to address a $54 billion deficit. As a result, the Governor trimmed his original $222 billion budget to $203 billion by eliminating many of the new proposals presented in the January budget. In order to close the remainder of the $54 billion deficit, the May Revision proposal also includes- - Utilizing $16 billion rainy day fund over the next 3 fiscal years - Utilizing CARES Act funds - Revenue adjustments - Budget "gimmicks" - 10% salary reduction for state employees - Automatic major trigger cuts to multiple sectors if no federal funding is received Agenda Report— Legislative Update June 2, 2020 Page 3 Two other proposals included in the Governor's May Revision that impact local government: - Proposing to send $450 million of state CARES Act funding to cities (exact allocation unclear at this time) - Proposing $750 million for counties to purchase hotels and motels being utilized for Project Roomkey The Legislature now has until June 15 to debate the Governor's proposal and present a balanced budget for the Governor's signature. In late May, the Assembly held the first "Committee of the Whole" since 1995, a tactic that allows the entire Assembly to debate the May Revision and ask questions of the Administration. Many members of the Assembly expressed displeasure with the proposed budget, potentially setting up difficult conversations between the Legislature and Governor in the coming weeks. A summary of the Governor's May Revision from the League of California Cities is attached to the staff report. City Advocacy Letters Attached to the staff report is the support letter sent for SB 1386 (Moorlach) following the support position taken by the City Council at the May 19th Council meeting. November 3 General Election Update The following ballot measures have qualified for the general election: - Replace Cash Bail with Risk Assessments Referendum: This measure is a referendum on SB 10 (2018) that replaced cash bail with risk assessments. - Criminal Sentencing, Parole, and DNA Collection Initiative (AKA Reducing Crime and Keeping California Safe Act): Repeals early prisoner-release policies passed under Proposition 47 (2014), Proposition 57 (2016) and AB 109 (2011). Also converts certain crimes back to being felonies. - Rental Affordability Act. Allows cities and counties to place rent control on properties older than 15 years. - Family Home Protection and Fairness in Property Tax Reassessments Act: Allows eligible homeowners to transfer their tax assessments anywhere within the state, increase the number of times a tax assessment can be transferred from one to three, and allow tax assessments to be transferred to a more expensive home with an upward adjustment; requires that a legal entity's property be reassessed to Agenda Report— Legislative Update June 2, 2020 Page 4 market value if 90 percent of a legal entity's ownership changes, even if no one person or entity acquires more than 50 percent. Legislative Matrix Attached is an updated legislative tracking matrix as of May 28 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. The matrix has been scrubbed to focus only on bills that were active as of May 28. Staff is available for any questions the Council may have. Attachments: - Senate housing package press release - League of California Cities May Revision summary - Support Letter for SB 1386 (Moorlach) - Updated legislative tracking matrix as of May 28 FROM TONI G . ATKINS PRESIDENT PRO O . FOR IMMEDIATE RELEASE May 20, 2020 CONTACT: Lizelda.Lopezgsen.ca.gov Senate Leaders Detail Housing Production Legislation Intended to Increase Supply, Aid California's Economic Recovery SACRAMENTO—In an effort to spur affordable housing production and aid California's economic recovery due to the COVID-19 crisis, Senate Democrats unveiled a package of legislation today intended to bolster production of new housing and remove existing barriers by further streamlining the development process. The package of bills will lead to more construction jobs and apprenticeships opportunities that will strengthen the economic viability of working families and the state. These bills are the product of four months of work by a group of lead Democratic Senators designated by Senate President pro Tempore Toni G. Atkins (D-San Diego)including Senators Mike McGuire (D- Healdsburg), Anna M. Caballero (D-Salinas), Maria Elena Durazo (D-Los Angeles), Lena A. Gonzalez(D-Long Beach), Jerry Hill (D-San Mateo), Richard D. Roth(D-Riverside), and Susan Rubio (D-Baldwin Park). This package of bills builds on a foundation of work by the Senate Housing Committee Chair, Senator Scott Wiener(D-San Francisco),who set the stage with his passionate approach to housing policy and focus on spurring production. "At the start of the year, my colleagues and I committed to developing a comprehensive, successful approach to housing production. We remain dedicated to that goal, but due to COVID-19 and the economic fallout that has accompanied it, we must pivot our approach," Atkins said. "This package of legislation would make more housing production possible generating high wage jobs for skilled construction workers, even while we continue to work through the new realities and uncertain times caused by the pandemic and economic downturn. And it positions California to leap forward exponentially on affordable housing as times get better." 1 "California had a housing crisis before this pandemic and the need is even greater now with the virus ravaging the earnings of working families and the most vulnerable. The Senate's housing package focuses on desperately needed relief for renters, ushers in innovative solutions to spur smart development by expediting the transition of dead and dying malls and it advances small- scale infill development. Senate President pro Tempore Atkins has worked day and night on this package,ushering in bold solutions that will have a positive impact in every corner of the Golden State," said McGuire. The Senate Housing Production Package includes five bills, which are scheduled to be heard in committees next week, as well as the Senate proposal that would create a renter/landlord stabilization program that would enable agreements between renters, landlords, and the state to resolve unpaid rents over a limited time period. The housing production package includes the following bills: • SB 902 (Wiener)—This bill allows local governments to pass a zoning ordinance that is not subject to CEQA for projects that allow up to 10 units, if they are located in a transit- rich area,jobs-rich area, or an urban infill site. *As proposed to be amended on May 20, 2020. "The Senate came together to produce an impactful housing package that will lead to more housing for Californians. We face a multi-million home shortage that is driving people into poverty and homelessness, increasing carbon emissions, driving young people out of our state, and forcing people into multi-hour commutes. We must change course and prioritize new housing," said Wiener. "This legislative package,building on our work over the past few years, is a strong step forward. To be clear, more work remains in coming years—we won't solve our housing crisis in one year—but this package is progress, and I'm proud to author or co-author these bills." • SB 995 (Atkins)—This bill would expand the application of streamlining the CEQA process to smaller housing projects that include at least 15 percent affordable housing. It also would broaden application and utilization of the Master Environmental Impact Report(MEIR) process, which allows cities to do upfront planning that streamlines housing approvals on an individual project level. The bill would extend and expand a program that has generated 10,573 housing units and created nearly 47,000 jobs since 2011. • SB 1085 (Skinner)—This bill would enhance existing Density Bonus Law by increasing the number of incentives provided to developers in exchange for providing more affordable housing units. "We have to take smart and focused action now so that COVID-19-imposed economic hardships don't make California's housing crisis far worse. SB 1085 offers needed improvements to California's density bonus law so that we can achieve real increases in the construction of very affordable units and moderately priced units for the `missing 2 middle': teachers, nurses, firefighters who can't afford today's market-rate prices," said Skinner. • SB 1120 (Atkins)—This bill would encourage small-scale neighborhood development by streamlining the process for a homeowner to create a duplex or subdivide an existing lot in all residential areas. Such applications would be required to meet a list of qualifications that ensure protection of local zoning and design standards, historic districts, environmental quality, and existing tenants vulnerable to displacement. • SB 1385 (Caballero)—This bill would unlock existing land zoned for office and retail use and allow housing to become an eligible use on those sites. It also would extend the state's streamlined ministerial housing approval process to office and retail sites that have been vacant or underutilized for at least three years. "Every year, the nation witnesses the closure of brick and mortar retailers—anchor tenants at large shopping malls, small strip malls, and large standalone `big-box' retail stores—because of the shift to shopping on the Internet. This change in consumer behavior leaves California's communities with vacant and underutilized retail locations, unused real estate at a time when the state faces an astronomical housing shortage," said Caballero. "SB 1385 helps the market to catch up with this real world reality by authorizing the adaptive reuse of these vacant parcels into desperately needed residential development. The bill will expand California's housing production in the same commercial centers where people shop, get their haircut, and buy other goods and services. This reduces travel by vehicles, and creates an opportunity for some Californians to become owners, and lower the cost of housing for renters, by increasing supplies." "I appreciate the hard work of my colleagues, and that of all Senators who offered their thoughts and perspective as we developed this important package. Our continued collaboration will be essential in the months ahead,"Atkins said. Senators who have been working on the housing production package characterized the bills as critical solutions for California's housing shortage. Senator Richard Roth: "I applaud Senate President pro Tempore Atkins for her leadership in tackling the housing shortage and lack of affordability in California. We must ensure that housing is built where people need it and that it's accessible to California families." Senator Jerry Hill: "The proposals unveiled today leverage existing resources and statutes to provide creative solutions to California's urgent need for housing. In addition, the housing production package provides new, streamlined steps that can be taken now while also positioning California for accelerated and expanded housing production as we recover. The proposals address the need for affordable, multi-family housing and take into account different ways that it can be created, including building smaller projects and pursuing developments that align with local density, height, setback and environmental standards. These strong and smart proposals enable California to move forward as well as build for the future." 3 Senator Lena A. Gonzalez: "I would like to applaud the leadership of Senate President pro Tempore Toni G. Atkins on assembling the Senate housing production workgroup and crafting, in coordination with this workgroup, key policies to solve our housing and homelessness crisis. This housing production package represents months of conversations with various stakeholders from across the state and a balanced effort to fit the needs of our diverse communities. More housing production is key to overcoming the homelessness crisis. This legislation is essential now more than ever as our communities are struggling to keep themselves housed during and beyond the COVID-19 pandemic. It is an honor to join my colleagues in helping solve one of the toughest challenges California faces." Senator Susan Rubio: "I am proud to have worked with Senate President pro Tempore Atkins and Senate colleagues to find real solutions to tackle the housing crisis. We met with key stakeholders, labor leaders, housing rights' advocates, and builders, to find a balanced approach to increase housing production. As a former councilwoman, I ensured the voices of local leaders were heard and their concerns for local control were included in these proposals as best as possible. The COVID-19 pandemic has been another reminder that building housing—especially affordable housing—is more important than ever." Senator Maria Elena Durazo: "I'd like to thank Senate President pro Tempore Atkins for including a comprehensive approach to CEQA that streamlines the review of projects that bring affordable housing and good jobs to California. This bill shaves months to years off project timelines by removing administrative red tape and expediting judicial review of CEQA litigation. The core provisions have been used in large projects. They should be used for housing as well. This bill retains fundamental environmental protections and helps solve the housing crisis at the source by paying good wages to workers that build our homes. SB 995 is good for low-income renters, construction workforce, home builders and the environment, and will usher in housing for both big and small cities." Toni G.Atkins is President pro Tempore of the California Senate. Having previously served as Speaker of the California Assembly, she began her tenure in the Senate in 2016. As Senator for District 39, she represents the cities of San Diego, Coronado, Del Mar and Solana Beach. Website ofPresidentpro Tempore Toni G. Atkins: www.senate.ca.gov/Atkins 4 5/27/2020 League of California Cities-Gov.Newsom Submits Austere May Revise Budget Proposal Gov. Newsom Submits Austere May Revise Budget Proposal May 14, 2020 In response to the devastating economic impacts of COVID-19 on the state's budget, to the tune of a projected $54 billion shortfall, Gov. Gavin Newsom is proposing a multiyear recovery approach that significantly draws down nearly all available reserves while delivering a balanced budget. The May Revision budget proposal is scaled down to$203 billion from the$222.2 billion proposed in January,as the state faces its first deficit in eight years.The Governor's focus is on the protection of California's core values: public education, public health, public safety,and people hit hardest by COVI D-19.These core values have been at the heart of local leaders'efforts on the front lines, protecting communities and delivering services throughout the pandemic. The May Revision includes details on the state's fiscal outlook in context of present and future risks to the state, national, and global economy, including prolonged disruption from the pandemic and public health response.As the state plans through a multiyear or decade-long recovery,the budget plan highlights climate change, housing affordability,aging population, lower fertility rates, and slowing migration as key risks to the California economy. The May Revision proposes to use$16.2 billion in the Budget Stabilization Account(Rainy Day Fund) over three years,cancel planned or previously proposed program expansions,spend available federal funds, and build automatic budget controls in the event that new federal stimulus dollars are approved. From the League's preliminary analysis,there does not appear to be any state taking or borrowing of city revenues.The League will provide additional updates and analysis as we continue to work through the details. Read League Executive Director Carolyn Coleman's response to the May Revision here,and read the League's preliminary analysis below. Housing State Support for Renters and Homeowners The May Revision proposes to expend $331 million in National Mortgage Settlement funds for housing counseling, mortgage assistance,and renter legal aid services as follows:the California Housing Financing Agencywill administer$300 million for housing counseling and mortgage assistance,and the remaining$31 million to the Judicial Council to provide grants to legal aid https://www.cacities.org/Top/News/News-Articles/2020/May/Gov-Newsom-Submits-Austere-May-Revise-Budget-Prop 1/11 5/27/2020 League of California Cities-Gov.Newsom Submits Austere May Revise Budget Proposal services organizations. Funding for Affordable Housing and Infrastructure The May Revision makes the following key investments: • Maintains the$500 million in low-income housing state tax credits in the Governor's proposed January Budget. • Maintains the SB 2 real estate transaction fee,estimated at$277 million for 2020-21,for affordable housing. • Allocates$452 million from Cap-and-Trade auction proceeds for infill development that also reduces vehicle miles traveled and greenhouse gas emissions. • Seeks to expedite the allocation of the $4 billion in Proposition 1 bonds for veterans and affordable housing programs. The May Revision redirects significant funding away from key housing programs.These include: • $250 million in mixed-income development funds over the next three years. • $200 million in infill infrastructure grant funds. • $115 million in other housing program funds. It is important to note that these funds have not been allocated or dedicated to specific projects. It is unclear when these funds will be returned to their individual programs. Streamlining Housing Processes and Procedures The May Revision continues the Administration's commitment to implement and identify process improvements to streamline housing programs to remove barriers to increase housing production. These include: • Creating a joint application for tax credits between the Tax Credit Allocation Committee and California Debt Limit Allocation Committee. • Realigning the Housing and Community Development Department's (HCD) program award schedules to expedite funding awards. • Working on improvements to revamp the state's housing planning process with input from key stakeholders and local governments. The May Revision seeks to leverage federal funds and existing state programs and properties to implement a comprehensive strategy to increase housing supply and to support preservation, protection, and production of housing.These include: • Preserving existing subsidized affordable housing stock by stabilizing existing deed- restricted affordable housing and guarding against private sector actors buying up distressed assets. • Seeking strategies to stabilize tenants in existing units. https://www.cacities.org/Top/News/News-Articles/2020/May/Gov-Newsom-Submits-Austere-May-Revise-Budget-Prop 2/11 5/27/2020 League of California Cities-Gov.Newsom Submits Austere May Revise Budget Proposal • Significantly streamlining, upzoning,and producing new housing units,especially on excess and surplus lands, in transit-oriented infill areas,and on public land. • Building a workforce development strategy to support a skilled and trained housing workforce pipeline with high-road wage rates,and promoting innovative alternative construction methods. Homelessness The May Revision proposes $750 million in federal funding to purchase hotels and motels secured through Project Roomkey,to be owned and operated by local governments or non-profit providers.The state will also use these funds to provide significant technical assistance to local jurisdictions or other parties seeking to purchase and operate former Project Roomkey hotels and motels to address homelessness in their localities. The May Revision allocates $1.5 million ongoing to the Homeless Coordinating and Financing Council Administrative Resources and 10 permanent Homeless Coordinating and Financing Council positions to effectively carry out statutory mandates and strengthen its strategic coordination of the state's efforts to address homelessness. The May Revision allocates $450 million of the state's CARES Act funding to cities and $1.3 billion to counties to be used toward homelessness, public health, public safety,and other services to address the COVID-19 pandemic. • The May Revision allocates$450 million to all cities that did not receive a direct allocation under the CARES Act. Of these recipients,cities with populations above 300,000 will receive a direct state allocation while all other cities will be provided funding through their counties. Jurisdictions must spend these funds consistent with federal law and are advised to prioritize these dollars to supplement existing efforts by counties and Continuums of Care to address the impacts of COVID-19 on people experiencing homelessness, including but not limited to outreach and hygiene efforts,shelter and housing supports, public safety, and rental subsidies. • The May Revision allocates$1.3 billion of its CARES Act funding directly to counties based on population size to address the public health, behavioral health,and other health and human services needs that have arisen as a result of the COVI D-19 pandemic. It is important to note that funding is contingent on adherence to federal guidance and the state's stay-at-home orders and will be released upon jurisdictions' certification of both. Environmental Quality The May Revision maintains relatively the same funding levels for both the Environmental https://www.cacities.org/Top/News/News-Articles/2020/May/Gov-Newsom-Submits-Austere-May-Revise-Budget-Prop 3/11 5/27/2020 League of California Cities-Gov.Newsom Submits Austere May Revise Budget Proposal Protection Agency and the Natural Resources Agency from the Governor's proposed January Budget.The Environmental Protection Agency's total proposed budget is$3.911 billion, an approximately 15 percent decrease from the 2019-20 adopted budget.The Natural Resources Agency total budget is$6.748 billion,an approximately 3 percent increase from the 2019-20 adopted budget. The Governor's May Revision differed significantly from the January budget proposal,with the elimination of the climate catalyst fund proposal and the absence of the$4.75 billion climate adaptation bond proposal.With the onset of a COVID-19 recession,the ambitious"climate budget"the Governor proposed is all but gone. EmergencyPreparedness and Response The May Revision reflects $127 million in funding for the Office of Emergency Services (Cal OES) to enhance the state's emergency preparedness and response capabilities.This funding includes: • Increases funding from the January budget proposal for the California Disaster Assistance Act(CDAA) by$21.5 million,to total $38.2 million in one-time General Fund funding.These funds can be used to repair, restore,or replace public real property damaged or destroyed by a disaster or to reimburse local governments for eligible costs associated with emergency activities undertaken in response to a state of emergency proclaimed by the Governor.This augmentation increases total CDAA funding available in the Budget to $100.8 million. • Reduces funding for the Wildfire Forecast and Threat Intelligence Integration Center from the January budget proposal by$6.8 million,to$2 million in General Fund funding.These dollars will go to enhance the state's emergency response capabilities through improved forecasts for tracking and predicting critical fire weather systems,which improves situational awareness of fire threat conditions in real-time,consistent with Chapter 405, Statutes of 2019 (SB 209). • Eliminates $101.8 million funding proposal to implement AB 38 (Wood,Chapter 391, Statutes of 2019),which directs Cal OES and the Department of Forestry and Fire Protection (CAL FIRE)to develop a joint powers authority to administer a $100 million home hardening pilot program. The May Revision, however,does include $8.3 million in Cap-and-Trade funding to go towards AB 38 implementation. • Maintains $9.4 million ($9.2 million in General Fund) and 50 positions to enhance Cal OES' ability to prepare for, respond to,and assist the state in recovering from disasters while maximizing eligible federal reimbursements. • Maintains $50 million one-time General Fund to support additional preparedness measures that bolster community resiliency. Building on the state's 2019-20 power resiliency investments,these measures will support critical services still vulnerable to power outage https://www.cacities.org/Top/News/News-Articles/2020/May/Gov-Newsom-Submits-Austere-May-Revise-Budget-Prop 4/11 5/27/2020 League of California Cities-Gov.Newsom Submits Austere May Revise Budget Proposal events, including schools,county election offices,and food storage reserves.This proposal will support a matching grant program to help local governments prepare for, respond to, and mitigate the impacts of power outages. • Maintains $17.3 million to operate the California Earthquake Early Warning.This new innovative program that uses science, monitoring,and technology to alert people, businesses,and transit agencies via devices before the anticipated strongest seismic activity arrives.The May Revision proposes to switch the fund source for the loan from the General Fund to the School Land Bank Fund. The May Revision includes several pots of funding to the California Public Utilities Commission (CPUC)to reduce the risk of utility-initiated wildfires.The CPUC would receive $50.1 million in 2020-21 for the Commission to review and enforce utility wildfire mitigation plans and implement AB 1054(Holden,2019) and AB 111 (Budget,2019).The bills established a new Wildfire Safety Division,created procedures and standards applicable to catastrophic wildfire proceedings, codified the prudent manager standard for wildfire liability,and established a Wildfire Fund and mechanisms to capitalize the fund to protect ratepayers. The May Revision continues to build on the CPUC's emergency response and preparedness efforts and includes an additional 11 positions for the CPUC to further improve its Wildfire Mitigation Plan guidelines and performance metrics.Overall,the Governor's proposed January Budget and May Revision together contain 106 new positions and $30 million for the CPUC to address issues related to utility-caused wildfires. The May Revision also includes $1.1 billion in available federal funds through the Community Development Block Grant Program (CDBG)for critical infrastructure and disaster relief related to the 2017 and 2018 wildfires. Climate Resiliency_ The May Revision dramatically changes the Governor's climate resiliency budget proposal. Chief among these changes are the elimination of the $1 billion"climate catalyst fund" and no mention of the Governor's ambitious$4.75 billion climate resiliency bond measure.The Governor cites "unforeseen budgetary pressures"as the impetus behind the elimination of the climate catalyst fund. However, it is unclear if the Governor is continuing to promote a climate resiliency bond proposal in the Legislature and to the voters given the new fiscal condition of the state. Additionally,the May Revision maintains the$965 million Cap-and-Trade expenditure plan outlined in January, but with the caveat that auction proceeds could come in lower than https://www.cacities.org/Top/News/News-Articles/2020/May/Gov-Newsom-Submits-Austere-May-Revise-Budget-Prop 5/11 5/27/2020 League of California Cities-Gov.Newsom Submits Austere May Revise Budget Proposal anticipated.The May Revision establishes a"pay-as-you-go" provision that will allow Cap-and- Trade expenditures to be made quarterly to match the auction proceeds.The following types of projects will be prioritized first if auction revenues are lower than anticipated: • Air Quality in Disadvantaged Communities:AB 617 Community Air Protection Program and agricultural diesel emission reduction. • Forest Health and Fire Prevention, including implementation of the requirements of Chapter 391,Statutes 2019 (AB 38). • Safe and Affordable Drinking Water. Public Safety_ Proposition 47 Savings Voters passed Proposition 47 in November 2014,which requires misdemeanor rather than felony sentencing for certain property and drug crimes and permits inmates previously sentenced for these reclassified crimes to petition for resentencing.The Department of Finance currently estimates net savings of$102.9 million General Fund for Proposition 47 when comparing 2019-20 to 2013-14,a decrease of$19.6 million from the Governor's Budget estimate for 2019-20.These funds will be allocated according to the formula outlined in the initiative. The Commission on Peace Officer Standards and Training(POST) The May Revision proposes to use$10 million General Fund previously appropriated to: • Create a Distance Learning Grant Program. • Increase the functionality of POST's Learning Portal. • Upgrade previously produced and developed distance learning courses and videos. Cannabis • Cannabis Regulatory Consolidation -The Governor's proposed January Budget announced the Administration's intent to consolidate the cannabis-regulatory functions in the Departments of Consumer Affairs, Food and Agriculture,and Public Health into a single Department of Cannabis Control, and stated more details would be submitted to the Legislature in the spring.The Administration will now release details of a proposed consolidation in the 2021-22 Governor's Budget. • Updated Allocation of Cannabis Tax Fund - Proposition 64 specified the allocation of resources in the Cannabis Tax Fund,which are continuously appropriated. Reflecting a total reduction of$35.9 million compared to the Governor's proposed January Budget estimate (due to lower than expected tax receipts as result of the COVID-19 pandemic),the Budget estimates $296.9 million will be available for these purposes in 2020-21,and the structure of these allocations is unchanged from 2019-20: https://www.cacities.org/Top/News/News-Articles/2020/May/Gov-Newsom-Submits-Austere-May-Revise-Budget-Prop 6/11 5/27/2020 League of California Cities-Gov.Newsom Submits Austere May Revise Budget Proposal • Youth education, prevention,and early intervention and treatment and school retention —60 percent($178.1 million) • Environmental protection-20 percent ($59.4 million) • Public safety-related activities-20 percent ($59.4 million) • Cannabis Tax Reform -The Governor's January Budget proposed to simplify tax administration for cannabis by changing the point of collection of cannabis taxes.The changes would have moved the responsibility for the cultivation excise tax from the final distributor to the first, and for the retail excise tax from the distributor to the retailer.This will now be addressed in next year's budget. • Cannabis Excise Tax - Proposition 64 levies excise taxes on the cultivation and retail sale of both recreational and medical cannabis.The cultivation tax is paid on all recreational and medicinal cultivation of cannabis, and was increased to adjust for inflation to $9.65 per ounce of flower, $2.89 per ounce of trim,and $1.35 per ounce of fresh cannabis plant on January 1, 2020. In addition,there is a 15 percent tax on the retail price of cannabis. Both cannabis excise taxes together generated $299 million in 2018-19.The revenue from excise taxes was revised down from $479 million to$443 million in 2019-20 and $590 million to $435 million in 2020-21. • While similar products like alcohol and tobacco tend to be recession-resistant,the May Revision assumes that cannabis businesses will be more negatively impacted by the COVID-19 pandemic. Cannabis businesses have less access to banking services that could provide liquidity, have a younger consumer base likely to be disproportionately affected by the COVI D-19 recession, and still must contend with competition from the illicit market. Revenue and Taxation In an effort to find new revenues,the May revision proposes the following: • Anew tax on e-cigarettes based on nicotine content to be deposited in anew special fund. • Suspend Net Operating Losses for 2020, 2021,and 2022 for medium and large businesses. • Limit business incentive tax credits from offsetting more than $5 million of tax liability for 2020,2021,and 2022. • Require used car dealers to remit sales tax to the Department of Motor Vehicles with the registration fees. • Require the use of market value for determining price for private auto sales (potentially increasing local shares that are distributed through county sales tax pools). Transportation and Infrastructure https://www.cacities.org/Top/News/News-Articles/2020/May/Gov-Newsom-Submits-Austere-May-Revise-Budget-Prop 7/11 5/27/2020 League of California Cities-Gov.Newsom Submits Austere May Revise Budget Proposal The transportation budget as a whole remains about the same as the Governor's January proposal.SB 1 (Chapter 5,Statutes of 2017)funds are protected and continue to be collected. No SB 1 funds are being used to address General Fund shortfalls. In addition to the details below,the May Revision addresses how the Department of Motor Vehicles (DMV) has responded to COVI D- 19, including alternative service channels such as virtual field offices.The deadline for REAL ID has also been extended by one year until October 2021. Enhancing Emergency Response and Preparedness The May Revision reflects $127 million for the Cal OES.Of that,the May Revision makes the following key investments related to Transportation,Communications, and Public Works: • Maintains $17.3 million to the California Earthquake Early Warning Program to alert people, businesses,and transit agencies of strong seismic activity before it occurs. • Maintains $2.5 million to transfer the Seismic Safety Commission to Cal OES,which will increased coordination,earthquake preparedness,and seismic safety benefits. Transportation Projects Fuel tax revenues used to fund transportation projects are expected to drop by a total of$1.8 billion through 2024-25. Caltrans will accelerate projects to achieve cost savings,support the creation of new jobs in the transportation sector,and improve roads.The May Revision maintains current planning and engineering staffing levels to continue developing and designing programmed projects for if and when potential stimulus package funding becomes available. Broadband Expansion In response to COVID-19,the CPUC made a series of investments to support bridging the digital divide.This included $25 million for hotspots and Internet service for student households,and $5 million available to help cover the cost of computing and hotspot devices.The May Revision builds upon this work by investing$2.8 million and adding three positions to the CPUC to enhance its broadband mapping activities to better inform the state's broadband infrastructure grant program, improve safety by providing broadband speed data at emergency response locations such as fairgrounds,and enhance the state's ability to compete for federal broadband funding. The May Revision proposes statute intended to increase the ability of the state to compete for federal funding to improve access to broadband Internet in California. Community Services The May Revision made numerous eliminations or reductions to almost every part of the budget rcln+crl +n (-'nmmi inity Ccr%/;i-cc Ac+hc c+n+c is InnLino fnr nlnr-cc to"tick+on the holt"+hcxi nf+nn https://www.cacities.org/Top/News/News-Articles/2020/May/Gov-Newsom-Submits-Austere-May-Revise-Budget-Prop 8/11 5/27/2020 League of California Cities-Gov.Newsom Submits Austere May Revise Budget Proposal iciaLcu w �.vi1n1iui11Ly vice.r-%O Liis0LCA Lc 10 1151v1 NiaccO w u51iLcii uis "'col L7 airy viLcii look to the parks, arts, and humanities programs first.This lean budget proposal is no different. Parks and Recreation As we saw in the Great Recession of 2009,community services and parks are among those areas that receive less state funding in times of economic downturn. In the May Revision,the Department of Parks and Recreation, beginning in fiscal year 2021-22 and ongoing afterwards, is proposed to have its budget cut by$30 million.These cuts will be developed through a planning process to ensure Californians still have access to parks and open spaces in an equitable way. The May Revision also eliminates or reduces many of the components of the"Parks for All Initiative,"which seeks to expand access to parks,open spaces,and natural lands for all Californians.The funding for this initiative was reduced from $65.1 million overall in January to $24.5 million.The new allocations are as follows: • Reduces funds for establishing a new state park from $20 million to $5 million. • Maintains funds of$4.6 million for acquiring lands to expand existing parks. • Reduces allocations of Proposition 68 funds for improving park facilities in urban areas from $8.7 million to$6.1 million. • Eliminates $20 million for improving outdoor access for underserved populations. • Reduces enhancing park access programing from $11.8 million to$8.8 million. California Volunteers As the State Service Commission for California, California Volunteers manages programs and initiatives aimed at increasing the number of Californians engaged in service and volunteering. The May Revision provides $2.9 million in ongoing General Fund funds for administrative and strategic planning staff, including emergency volunteer coordinators located in the three most populated regions of the state.The May Revision also provides $10.1 million ongoing General Fund to sustain nearly 500 AmeriCorps volunteer positions that were established with funding from the 2019-20 Budget Act. Electronic Cigarette Tax In order to address the rapidly increasing youth use of potent nicotine-based vaping products,the May Revision maintains the new vaping tax based on nicotine content proposed in the Governor's January Budget.The new tax will begin on January 1,2021,and will be$2 for every 40 milligrams of nicotine in the product,equivalent to the tax on a pack of cigarettes.The new tax will be in addition to all existing taxes on e-cigarettes,which are presently taxed as tobacco products under state law. Revenues from the new tax are expected to be$33 million in 2020-21,will be deposited into a new special fund,and will be used to increase enforcement and to offset Medi-Cal costs.The May https://www.cacities.org/Top/News/News-Articles/2020/May/Gov-Newsom-Submits-Austere-May-Revise-Budget-Prop 9/11 5/27/2020 League of California Cities-Gov.Newsom Submits Austere May Revise Budget Proposal Revision includes$13.9 million and 10.5 positions for the Department of Tax and Fee Administration to administer the proposed tax and $7 million for the California Highway Patrol to establish a task force in collaboration with the Department of Justice dedicated to combating the underground market for vaping products. In addition to the tax,the Administration will support a statewide ban on all flavored nicotine products as of January 1, 2021. California Arts Council The California Arts Council proposal of a one-time increase of$10.5 million General Fund in 2020-21 is eliminated. Animal Shelters The May Revision reduces from $50 million to $5 million in one-time spending for an animal shelter grant demonstration project. Governance,Transparency,and Labor Relations While the Governor in his January Budget proposal press conference recognized the challenges cities face with their pension obligations, he did not then, nor now propose new funding to help cities manage their costs or backfill their lost revenue. Unemployment Insurance As of May 9,the Employment Development Department has processed and approved approximately 4.4 million Unemployment claims that will provide $12.2 billion in Unemployment insurance (UI) benefits. Due to the overwhelming need for these benefit payments,states are able to borrow from the federal government without interest through 2020 to support their UI programs.Similar to the state's circumstances during the Great Recession,California will need to borrow tens of billions of dollars to support UI benefits as a result of the COVID-19 induced recession. CAPERS SB 90(Chapter 33,Statutes of 2019) included a supplemental pension payment of$3 billion toward the state's share of its unfunded liabilities with the hopes of maximizing savings over 30 years.Of this amount$2.5 billion was paid to CAPERS in 2019 and instead of being applied over several years will instead be applied to the next two budget years to produce more immediate savings and a reduction in the state's retirement contribution.The remaining unspent$500 million will be directed to support core programs due to the ongoing fiscal challenges the state faces. Paid Family Leave The May Revision continues to fund the expansion of paid family leave benefits that was included in the January proposal. https://www.cacities.org/Top/News/News-Articles/2020/May/Gov-Newsom-Submits-Austere-May-Revise-Budget-Prop 10/11 5/27/2020 League of California Cities-Gov.Newsom Submits Austere May Revise Budget Proposal AB 5 enforcement The May Revision continues to fund the January proposals to enforce compliance with AB 5 (Chapter 296,Statutes of 2019).The Governor's proposal provides $22 million for this purpose: • The Department of Industrial Relations would receive$17.5 million to increase access to workers'compensation and to adjudicate labor law violations, • $3.4 million to the Employment Development Department for staff training and increased hearings and investigations. • The Department of Justice would receive $780,000 for investigations. Terms of Use ©2020 League of California Cities New Privacy Policy ShareThis Copy and Paste https://www.cacities.org/Top/News/News-Articles/2020/May/Gov-Newsom-Submits-Austere-May-Revise-Budget-Prop 11/11 Office of the City Council I May 20, 2020 The Honorable John M.W. Moorlach State Capitol Building, Room 2048 Sacramento, CA 95814 SUBJECT: SB 1386 (Moorlach)Notice of Support Dear Senator Moorlach: The City of Tustin (City) is pleased to inform you of our support of SB 1386. This bill would protect fire hydrant system funding and ensure that the City and dozens of other public water suppliers statewide are able to operate sufficiently-sized and -pressurized water systems to supply water to their customers and to fight fires. This measure affirms that existing law allows water suppliers to include the costs of operating and maintaining these systems, as well as the costs associated with fire hydrants and the water served through them, in their property-related service charges. Because of lawsuits that threaten California water providers' ability to fund water services used in fire protection, this measure is critical to preventing these costs from being passed on to fire protection agencies. The City is just one of the 81 local governments being sued to challenge the long-standing method of funding water service used in firefighting through property-related water service charges. The lawsuits allege that including these costs in our water rates is prohibited by Article XIII D of the California Constitution (i.e. "Proposition 218'). In the City's opinion, these lawsuits are without merit and threaten to force all of California's public retail water service providers to charge fire protection agencies directly for these costs. If that occurs, the ability of fire protection agencies to fund essential equipment and personnel would be greatly impacted. Our property- related service charges are legitimate under existing law, but in order to avoid lengthy and expensive legal battles with costs that will be passed on to our customers and to avoid additional burdens on fire protection agencies, the law needs to be affirmed by the Legislature. Proposition 218 placed provisions into the California Constitution that limit local governments' authority to impose and increase taxes, fees, assessments, and charges. We faithfully abide by the requirements of Proposition 218 and are serious about our responsibility to provide services to our customers in an efficient and cost-effective manner. This includes the costs of operating and maintaining fire hydrant systems, as well as the costs associated with the water distribution system and the water that is needed to fight fires within property-related water service charges as appropriate under Proposition 218. Ensuring water rates cover these costs is critical for the safety of all of our customers. Mayor Dr.Allan Bernstein • Mayor Pro Tem Letitia Clark • Charles E."Chuck"Puckett • Barry W.Cooper • Austin Lumbard 300 Centennial Way • Tustin,California 92780 • www.tustinca.org Senator John M.W. Moorlach May 20, 2020 Page 2 SB 1386 reinforces water service agencies' authority under the law to use property-related service charges for funding water services related to fire protection. SB 1386 does this by amending Proposition 218's implementing statute to reflect a recent court case that confirmed that these costs are in fact a legitimate property-based service. For these reasons, the City strongly supports your bill and urges your colleagues to vote"Aye"on SB 1386. Please do not hesitate to contact Tustin's City Manager, Matthew West at(714) 573-3012, or Tustin's City Attorney, David Kendig at(714) 415-1083, if you have questions regarding this measure. Sincerely, Dr. Allan Bernstein Mayor cc: Assembly Member Steven S. Choi, Ph.D. Tony Cardenas, League of California Cities League of California Cities, citylettersncacities.org Jenn Lowe, Association of California Cities—Orange County Amy O'Gorman Jenkins, Precision Advocacy City of Tustin Legislative Tracking Matrix S=Support O=Oppose Green/Red:COT Position As of May 28,2020 LOCC=League of CA Cities ACCOC=Assn.of CA Cities OC Bill Title Category Author Short Summary • This measure is the vehicle for the Assembly's climate resiliency bond measure.This measure would enact the AB Climate Risks:Bond Wildfire Prevention,Safe Drinking Water,Climate Resilience,Drought Preparation,and Flood Protection Bond Act 3256 Measure Environment Garcia(D) of 2020.If approved by the voters,would authorize a$6.980 billion bond for a wildfire prevention,safe drinking water,climate resilience,drought preparation,and flood protection program.The Legislature has until June 25 to place this bond measure on the November 2020 ballot. Wildfire Prevention,Safe This measure is the vehicle for the Senate's climate resiliency bond measure.This measure would authorize the Drinking Water,Drought SB 45 Environment Allen(D) issuance of$5.51 billion in bonds for wildfire prevention,safe drinking water,drought preparation,and flood O Preparation,and Flood protection programs.The Legislature has until June 25 to place this bond measure on the November 2020 ballot. Protection Act of 2020 This measure would exempt from disclosure under the California Public Records specified records regarding an AB internally managed private loan made directly by a public investment fund,including quarterly and annual Public Investment Funds Finance Cooper(D) S 2473 financial statements of the borrower or its constituent owners,unless the information has already been publicly released by the keeper of the information. Local Government This measure would authorize a local government to impose,extend,or increase a sales and use tax or AB Finance.Special Taxes. Finance Santiago(D) transactions and use tax that would exceed a combined rate of 2%if the revenue is used for the purposes of 1860 Homeless Housing and funding homeless housing and services.The new tax would be subject to a majority vote of the electorate of the Services. local government voting on the proposition and a 2/3 vote of the governing board of the local government. Sales and Use Taxes. AB Exemptions:Breat Finance Cervantes This measure,on and after January 1,2022,and before January 1,2027,would exempt sales taxes on the 3349 Pumps and Related (D) purchase of breast pumps,breast pump collection and storage supplies,breast pump kits,and breast pads. Supplies SB Local Agencies. This measure would require that refunding bonds to be used to refund pension obligation bonds with specified 1067 Refunding Bonds. Finance Moorlach® characteristics be approved by SS percent of the voters of the local agency voting on the proposition that S Pension Obligations authorizes the indebtedness. This measure would further clarify a"change in ownership"of commercial property to include when at least 90 SB Property Taxation. Finance Bates percent of direct or indirect ownership interests in a legal entity are sold or transferred in a single transaction. 1319 Change in Ownership This clarification would improve property tax collection and reduce the number of new owners of commercial property that evade reassessment of their properties. 1 City of Tustin Legislative Tracking Matrix S=Support O=Oppose Green/Red:COT Position As of May 28,2020 LOCC=League of CA Cities ACCOC=Assn.of CA Cities OC Bill Title Category Author Short Summary • This measure would clarify that"water"for purposes of the Proposition 218 Omnibus Implementation Act also 513 Local government. includes the public fixtures,appliances,and appurtenances connected to an above-described system of public 1386 Assessments,Fees and Finance Moorlach® improvements intended to provide for the production,storage,supply,treatment,or distribution of water from 5 Charges.Water any source.By doing so this measure would protect fire hydrant system funding while preventing additional costs and financial burdens to individual fire protection agencies 5B Property Taxation. This measure would require county assessors to reassess certain types of properties based on their ability to 1421 Reassessment.Disaster Finance Glazer(D) generate income from renters during the COVID-19 emergency.This measure would be retroactive to April 5, Relief 2020. Housing Element. This measure would require incorporated areas within a metropolitan jurisdiction,at least 25%of the AB Moderate income and jurisdiction's share of the regional housing need for both the moderate-income and above moderate-income Housing Wicks(D) O 725 above moderate income housing categories must be allocated to sites with zoning that allows at least two units of housing,but no more housing than 35 units of housing per acre. This measure would require HCD to designate areas in this state as high-resource areas by January 1,2021,and AB Housing Developments. every 5 years thereafter.In any area designated as a high-resource area,this measure would require cities,at the Housing Bloom(D) O 1279 High-resource Areas request of a developer,to allow up to fourplexes in single-family zones and up to 100 units per acre in commercial zones. These projects shall receive ministerial approval(use by right). AB Local Planning. This measure would require a city,county,or city and county to notify the Department of Justice at least 60 days 1775 Environmental Justice Housing Reyes(D) before the adoption or review of the environmental justice element,or related environmental justice goals, policies,and objectives integrated in other elements. This measure would,upon the request of a developer of a housing development project,require a local agency to Faith based ministerially approve a request to that local agencyto reduce or eliminate any parking requirements that would AB organizations.Housing otherwise be imposed by that local agency on the development if the housing development project qualifies as a 1851 Developments.Parking Housing Wicks(D) faith-based organization affiliated housing development project.This measure would prohibit a local agency from Requirements requiring the replacement of religious-use parking spaces proposed to be eliminated by a faith-based organization's housing project or from requiring the curing of any preexisting deficit of religious-use parking as a condition of approval of a faith-based organization affiliated housing development project. AB Planning and Zoning. Housing Gonzalez(D) This measure would greatly expand Density Bonus law and allow developers to receive up to five concessions and O 2345 Density Bonus incentives from local governments and up to 50%more density. 2 City of Tustin Legislative Tracking Matrix S=Support O=Oppose Green/Red:COT Position As of May 28,2020 LOCC=League of CA Cities ACCOC=Assn.of CA Cities OC Bill Title Category Author Short Summary • This measure would authorize a development proponent to submit an application for a development for the conversion of a motel,hotel,or commercial use into multifamily housing units to be subject to a streamlined, AB Conversion of Motels ministerial approval process,provided that development proponent reserves at least 20%of the proposed 2580 and Hotels.Streamlining Housing Eggman(D) housing units for persons and families of low or moderate income.The measure would require a local government to notify the development proponent in writing if the local government determines that the development conflicts with any of those objective standards within 30 days of the application being submitted; otherwise,the development would be deemed to comply with those standards. This measure would create a voluntary program to incentivize local governments to allow four units per parcel, AB Local Planning.Regional by-right,in exchange for additional credit towards the city or county's share of the regional housing need 3040 Housing Need Housing Chiu(D) allocation for each site identified under these provisions.The measure would prohibit the cumulative credit received by a city or county from exceeding more than 25%of the total units needed to meet its regional housing needs allocation. This measure would require,notwithstanding any inconsistent provision of a city's or county s general plan, AB Planning and Zoning. Housing Bloom(D) specific plan,zoning ordinance,or regulation,a housing development in which at least 20 percent of the units 3107 Housing Developments have an affordable housing cost or affordable rent for lower income households shall be an allowable use on a site designated in any element of the general plan for commercial uses. This measure would require a small lot subdivision to be located on a parcel zoned for multifamily residential use AB Subdivision Map Act. and consist of individual housing units that comply with existing height,floor area,and setback requirements 3155 Small Lot Subdivisions Housing Rivas(D) applicable to the presubdivided parcel.The bill would prohibit the total number of units created by the small lot subdivision from exceeding the allowable residential density permitted by the existing general plan and zoning designations for the presubdivided parcel. This measure would specify that no tentative or final map shall be required for the creation of a parcel or parcels AB necessary for the development of a subdivision for a housing development project,as defined in the Housing 3234 Subdivision Map Act Housing Gloria(D) Accountability Act,that meets specified criteria,including that the site is an infill site,as defined,is located in an urbanized area or urban cluster,as defined,and the proposed site to be subdivided is no larger than S acres, among other requirements. 3 City of Tustin Legislative Tracking Matrix S=Support O=Oppose Green/Red:COT Position As of May 28,2020 LOCC=League of CA Cities ACCOC=Assn.of CA Cities OC Bill Title Category Author Short Summary • Housing Development. This measure would require that a housing development project be a use by right upon the request of a nonprofit SB hospital,nonprofit diagnostic or treatment center,nonprofit rehabilitation facility,nonprofit nursing home,or Nonprofit Hospitals or Housing Wiener(D) O 899 Religious Institutions religious institution that partners with a qualified developer on any land owned in fee simple by the applicant if the development satisfies specified criteria. SB Plannig and zoning. This bill gives cities a voluntary tool that will allow greater density in areas that are jobs or transit rich or urban 902 Housing Development. Housing Wiener(D) infill.Cities would have the choice to pass an ordinance that would allow for by right designation for projects that S Density include up to 10 units of residential density per parcel.Projects would not be subject to CECIA. Density Bonus Law. SB This measure would require a city or county to grant one incentive or concession for a project that will contain a Housing for Lower Housing Skinner(D) 1085 specified percentage of units for lower income students in a student housing development. Income Students This measure would revise the requirements of the housing element,as described above,in connection with identifying zones or zoning designations that allow residential use,including mixed use,where emergency Housing element. shelters are allowed as a permitted use without a conditional use or other discretionary permit. This would also, SB Emergencyfor the 6th and each subsequent revision of the housing element,require that a local government that fails to 1138 Zonning of Sites. Housing Wiener(D) adopt a housing element that the Department of Housing and Community Development has found to be in substantial compliance with state law within 120 days of the statutory deadline to complete the rezoning no later than one year(instead of three years under current law)from the statutory deadline for the adoption of the housing element. SB Housing Development. Portantino This measure would,upon appropriation by the Legislature,require HCD to administer a program to provide 1299 Incentives.Rezoning of Housing ( )D incentives in the form of grants allocated as provided to local governments that rezone idle sites used for a big Idle Retail Sites. box retailer or a commercial shopping center to instead allow the development of workforce housing. This measure,the Neighborhood Homes Act,would deem a housing development project,as defined,an authorized use on a neighborhood lot that is zoned for office or retail commercial use under a local agency's SB Local Planning.Housing Housing Caballero(D) zoning code or general plan.The measure would require the density for a housing development under these 1385 in Commercial Zones provisions to meet or exceed the density deemed appropriate to accommodate housing for lower income households according to the type of local jurisdiction,including a density of at least 20 units per acre for a suburban jurisdiction. 4 City of Tustin Legislative Tracking Matrix S=Support O=Oppose Green/Red:COT Position As of May 28,2020 LOCC=League of CA Cities ACCOC=Assn.of CA Cities OC Bill Title Category Author Short Summary • This measure would establish the COVID-19 Emergency Rental Assistance Program,to be administered by the Director of Housing and Community Development.The measure would deem a household eligible for rental Rental Assistance.COVID assistance payments under the program if the household demonstrates an inability to pay all or any part of the SB 19 Emergency Rental Housing Gonzalez(D) household's rent due between April 1,2020,and October 31,2020,due to COVID-19 or a response to COVID-19 1410 Assistance Program and the owner of the dwelling unit consents to participate in the program.This measure would also require the Department of Housing and Community Development to develop a process to confirm whether a household demonstrates an inability to pay rent and develop a process to obtain the owner's consent to participate in the program. AB Accessory Dwelling Units Housing Ting(D) This measure would deem a permit application for the creation of an accessory dwelling unit or junior accessory 953 dwelling unit approved if the local agency has not acted upon the completed application within 60 days. SB Accessory Dwelling Units Housing Skinner(D) This measure would deem a permit application for the creation of an accessory dwelling unit or junior accessory 773 dwelling unit approved if the local agency has not acted upon the completed application within 60 days. This measure would declare that the fundamental human right to housing exists in this state.The measure would ACA Personal Rights.Right to Housing Ting(D) declare that this right is exclusively enforceable by a public right of action.The measure would specify that it is 10 Housing. the shared obligation of state and local jurisdictions to respect,protect,and fulfill this right through progressively implemented measures,consistent with available resources,within an aggressive but reasonable time frame. This measure would create the Governor's Office to End Homelessness,which would be administered by the AB Office to End Secretary on Housing Insecurity and Homelessness appointed by the Governor.The bill would require that the 1845 Homelessness Housing Rivas(D) office serve the Governor as the lead entity for ending homelessness in California and would task the office with coordinating the various federal,state,and local departments and agencies that provide housing and services to individuals experiencing homelessness or at risk of homelessness. 5 City of Tustin Legislative Tracking Matrix S=Support O=Oppose Green/Red:COT Position As of May 28,2020 LOCC=League of CA Cities ACCOC=Assn.of CA Cities OC Bill Title Category Author Short Summary • This measure would entirely eliminate the option to claim the mortgage interest deduction(MID)on second Housing and homes.On qualified home loans acquired in 2018 or later for primary homes,the amount of interest a filer can AB Homelessness Response Housing Chiu(D) claim would be reduced from the current level of$1 million to$750,000,conforming California's tax regulations 1905 Fund.Mortgage Interest with federal law.The savings from the elimination and reform of these tax deductions,which is estimated to be Deduction between$400-$500 million annually,would be redirected to the Housing and Homelessness Response Fund to alleviate California's homelessness crisis. Homelessness. This measure,upon appropriation by the Legislature,would require the Homelessness Coordinating Council to AB Statewide Needs and Housing Chiu(D) conduct a statewide needs and gaps analysis to identify state programs that provide housing or services to 2329 Gaps Analysis persons experiencing homelessness.The measure would require the council to report on the analysis to the Legislature by July 31,2021. AB Housing.Homelessness. This measure would require local jurisdictions to,on or before January 1,2022,establish and submit to the 2405 Children and Families Housing Burke(D) Department of Housing and Community Development an actionable plan to house their homeless populations based on their latest point-in-time count. This measure would allow a city,county,or city and county,in lieu of compliance with local building approval procedures or state housing,health,habitability,planning and zoning,or safety standards,procedures,and laws, AB Shelter Crisis Declaration Housing Ting(D) may adopt by ordinance reasonable local standards and procedures for the design,site development,and 2553 operation of homeless shelters and the structures and facilities therein,to the extent that it is determined at the time of adoption that strict compliance with state and local standards or laws in existence at the time of that adoption would in any way prevent,hinder,or delay the mitigation of the effects of the shelter crisis. This measure would require a recipient that receives state funds for the HHAPP,CESH,CalWORKs,Housing and Disability Income Advocacy Program,Bringing Families Home Program,or any other program receiving state AB Funding Accountability. funding to address homelessness,or that receives state funds appropriated in the Budget Act of 2019 for a Whole 2746 State Funding for Housing Gabriel(D) Person Care pilot program,to submit a report regarding the use of state funds to the appropriate agency.The bill Homelessness. measure would require the recipient to submit the report on a form and method provided by the agency within 90 days of receiving program funds,or by April 1,2021,if the recipient already received program funds as of January 1,2021. 6 City of Tustin Legislative Tracking Matrix S=Support O=Oppose Green/Red:COT Position As of May 28,2020 LOCC=League of CA Cities ACCOC=Assn.of CA Cities OC Bill Title Category Author Short Summary • This measure,upon appropriation by the Legislature,would require the Homeless Coordinating and Financing Council to conduct,or contract with an entity to conduct,a statewide needs and gaps analysis to identify,among AB State and Local Housing Chiu(D) other things,state programs that provide housing or services to persons experiencing homelessness and funding 3296 Homelessness Plans required to move persons experiencing homelessness into permanent housing. This measure would also state the intent of the Legislature that each state and local agency aim to reduce homelessness within its jurisdiction by 90%by December 31,2028. This measure would appropriate,commencing with the 2020-21 fiscal year and every fiscal year thereafter, without regard to fiscal year,$2 billion from the General Fund to the Department of Housing and Community Development for the purpose of providing local jurisdictions and other specified entities with ongoing grant funds AB Homelessness Grant Housing Santiago(D) to sustain or expand efforts to address their immediate and long-term homelessness challenges.The measure 3300 Funds would require$1.1 billion to be distributed to counties and continuums of care,$800 million to be distributed to cities with a population of at least 300,000,and$100 million to nonprofit housing developers for specified purposes relating to the provision of housing.The measure would require the method of allocation to be based on a formula that considers specified data. Current law,the Mobilehome Residency Law,prescribes various terms and conditions of tenancies in mobilehome parks.Current law exempts new construction,defined as spaces initially held out for rent after AB Mobilehome Park.Local Housing Low(D) January 1,1990,from any ordinance,rule,regulation,or initiative measure adopted by a city or county,which 2690 Ordinances. establishes a maximum amount that a landlord may charge a tenant for rent.This measure would repeal the exemption regarding new construction from ordinances,rules,regulations,and initiative measures,establishing a maximum amount that a landlord may charge a tenant for rent. The Mobilehome Residency Law prescribes various terms and conditions of tenancies in mobilehome parks. Current law exempts a rental agreement in a mobilehome park that is in excess of 12 months'duration,and that SB Mobilehome Park meets other specified requirements,from local ordinances and initiative measures that establish a maximum 999 Residencies.Rent Housing Umberg(D) amount that a landlord may charge a tenant for rent,commonly referred to as rent control.This measure would Control Exemption prohibit the above-described exemption from rent control in mobilehome parks for rental agreements from applying to a rental agreement entered into on and after January 1,2020.The bill would repeal these provisions on January 1,2025.The bill would declare that these provisions are severable. 7 City of Tustin Legislative Tracking Matrix S=Support O=Oppose Green/Red:COT Position As of May 28,2020 LOCC=League of CA Cities ACCOC=Assn.of CA Cities OC Bill Title Category Author Short Summary • This measure would invests$2 billion annually for 5 years into the immediate construction of affordable housing units and programs that address and prevent homelessness.Additionally,this measure creates two new Affordable Housing and programs administered by the Office of Business and Economic Development Office(GoBiz)to help local SB Community governments with their economic recovery and natural disaster preparedness. Of the$2 billion,$1.15 billion 795 Development Housing Beall(D) shall be used to construct affordable housing,spur economic development and create jobs through infrastructure 5 O Investment Program and employment programs.Funds will be distributed as follows:1)Multi-family Housing Program—$500 million (25Y);2)Infill Incentive Grant Program--$300(15Y)million;3)Local Housing Trust Fund Matching Grant Program-$200 million(10%);4)Cal Home Program$75 million(3.75%);5)Joe Serna,Jr.Farmworker Housing Grant Fund--$75 million(3.75%) Under Planning and Zoning Law,supportive housing is a use by right in zones where multifamily and mixed uses Planning and Zoning. are permitted if the developer provides the planning agency with a plan for providing supportive services and the AB Supportive Housing. Housng Chu(D) proposed housing development meets specified criteria,including that the housing development consist of 50 2988 Emergency Shelters. units or fewer if it is located in an unincorporated area of a county or city that has a population of fewer than 200,000 and a population of persons experiencing homelessness of 1,500 or fewer.This measure would, additionally,make supportive housing a use by right in zones where emergency shelters are permitted. This measure would define"injury,"for certain employees who are employed in an occupation or industry deemed essential in the Governor's Executive Order of March 19,2020(Executive Order N-33-20),except as Workers Compensation. specified,or who are subsequently deemed essential,to include coronavirus disease 2019(COVID-19)that AB COVID 19.Essential Labor Gonzalez(D) develops or manifests itself during a period of employment of those persons in the essential occupation or 196 Occupations and industry.The bill would apply to injuries occurring on or after March 1,2020,would create a conclusive Industries presumption,as specified,that the injury arose out of and in the course of the employment,and would extend that presumption following termination of service for a period of 90 days,commencing with the last date actually worked. Evidentiary Privileges. This measure would establish a privilege between a union agent,as defined,and a represented employee or AB Union Agent represented former employee to refuse to disclose any confidential communication between the employee or 418 Represented Worker Labor KaIra(D) former employee and the union agent made while the union agent was acting in the union agent's representative O Privilege capacity,except as specified.The bill would permit a represented employee or represented former employee to prevent another person from disclosing a privileged communication,except as specified. 8 City of Tustin Legislative Tracking Matrix S=Support O=Oppose Green/Red:COT Position As of May 28,2020 LOCC=League of CA Cities ACCOC=Assn.of CA Cities OC Bill Title Category Author Short Summary • This measure would define"injury,"for certain state and local firefighting personnel,peace officers,certain hospital employees,and certain fire and rescue services coordinators who work for the Office of Emergency Services to include being exposed to or contracting,on or after January 1,2020,a communicable disease, Workers Compensation. AB including coronavirus disease 2019(COVID-19),that is the subject of a state or local declaration of a state of Injury.Communicable Labor Cooper(D) O 664 Disease emergency that is issued on or after January 1,2020.The bill would create a conclusive presumption,as specified, that the injury arose out of and in the course of the employment.The bill would apply to injuries that occurred prior to the declaration of the state of emergency.The bill would also exempt these provisions from the apportionment requirements. Employment Violation AB This measure would extend the period of time within which people may file complaints subject to the 6-month Complaints. Labor Ka Ira(D) O 1947 deadline,to within one year after the occurrence of violations. Requirements:Time AB Employment Practices. This measure would expand the provision to prohibit an employerfrom discharging,or discriminating or 2992 Leave Time Labor Weber(D) retaliating against,an employee who is a victim of crime or abuse for taking time off from work to obtain or attempt to obtain relief,as prescribed. This measure would enact the Bereavement Leave Act of 2020.The bill would require an employer to grant an employee up to 10 business days of unpaid bereavement leave upon the death of a spouse,child,parent,sibling, grandparent,grandchild,or domestic partner,in accordance with certain procedures,and subject to certain AB Employees. LAbor Low(D) D) exclusions.The bill would prohibit an employer from interfering with or restraining the exercise or attempt to 2999 Bereavement Leave exercise the employee's right to take this leave.This bill would authorize an employee who has been discharged, disciplined,or discriminated against for exercising their right to bereavement leave to file a complaint with the Division of Labor Standards Enforcement or bring a civil action against their employer for reinstatement,specified damages,and attorney's fees. 9 City of Tustin Legislative Tracking Matrix S=Support O=Oppose Green/Red:COT Position As of May 28,2020 LOCC=League of CA Cities ACCOC=Assn.of CA Cities OC Bill Title Category Author Short Summary • This measure would revise and recast provisions under the Moore-Brown-Roberti Family Rights Act,or California Family Rights Act(CFRA),to make it an unlawful employment practice for any employer to refuse grant a request by an employee,with qualified employment service,to take up to 12 workweeks of unpaid protected leave AB Employee Leave. LAbor Kalra(D) during any 12-month period for family care and medical leave,including birth ofthe employee's child or 3216 Authorization adoption,to care for the employee's own medical condition,or for a child,parent,grandparent,grandchild, sibling,spouse,or domestic partner,as specified.The bill would also make it an unlawful business practice for an employer to refuse to grant an employee up to 12 workweeks of leave in a 12-month period for emergency leave,as defined. This measure would establish new procedures hich PERS determines that the benefits of Public Employees a member or annuitant are,or would be,based on disallowe m ensation that conflicts with PEPRA and other Retirement System. specified laws and thus impermissible under PERL.The bill would also apply these procedures retroactively to SB determinations made on or after January 1,2017,if an appeal has been filed and the employee member, Disallowed Labor Leyva(D) O 266 compensation.Benefit survivor,or beneficiary has not exhausted their administrative or legal remedies.At the threshold,after Adjustments determining that compensation for an employee member reported by the state,school employer,or a contracting agency is disallowed,the bill would require the applicable employer to discontinue the reporting of the disallowed compensation. Workers Compensation. This measure would,until an unspecified date,define"injury"for a critical worker,as specified,to include illness SB COVID Workers ers Critical Labor Hill(D) or death that results from exposure to coronavirus disease 2019(COVID-19)under specified circumstances.The 1159 bill would create a disputable presumption,as specified,that an injury that develops or manifests itself while a critical worker is employed arose out of and in the course of the employment. SB Public Employment. This measure would generally authorize an exclusive representative to file a charge of an unfair labor practice 1173 Labor Relations. Labor Durazo(D) with the Public Employment Relations Board,as specified,alleging a violation of the requirements to provide O Employee Info ration. I employee information. This measure would prohibit a local agency from imposing a housing impact requirement adopted by the local ABagency on a housing development project unless specified requirements are satisfied by the local agency, Mitigation Fee Act Misc Grayson(D) O 1484 including that the housing impact requirement be roughly proportional in both nature and extent to the impact created by the housing development project. 10 City of Tustin Legislative Tracking Matrix S=Support O=Oppose Green/Red:COT Position As of May 28,2020 LOCC=League of CA Cities ACCOC=Assn.of CA Cities OC Bill Title Category Author Short Summary • This measure would prohibit a person from taking any action to foreclose on a residential real property while a Temporary Moratorium state or locally declared state of emergency related to the COVID-19 virus is in effect and until 15 days after the AB on Foreclosures and state of emergency has ended,including,but not limited to,causing or conducting the sale of the real property or Misc Ting(D) O 828 Unlawful Detainer causing recordation of a notice of default.This measure would also require a tax collector to suspend the sale, Actions.Coronavirus. and not attempt to sell,tax-defaulted properties while a state or locally declared state of emergency related to the COVID-19 virus is in effect and until 15 days after the state of emergency has ended. This measure would enact the COVID-19 Homeowner,Tenant,and Consumer Relief Law of 2020.This measure, with respect to residential mortgage loans,would prohibit a mortgage servicer,mortgagee,trustee,beneficiary, AB COVID-19.Homeowner, or authorized agent from taking specified actions during the COVID-19 emergency and the 180-day period 2501 Tenant and Consumer Misc Limon(D) following the emergency.This measure would prohibit the above persons from commencing or continuing any Relief judicial foreclosure action,recording a notice of default,or taking any action to evict a person following a foreclosure.The measure would also require the above persons to stay all foreclosure proceedings and time limits in a judicial or nonjudicial foreclosure on a property. This measure would establish the Regions Rise Grant Program within the Governor's Office of Business and Economic Development for the purpose of enabling regions to collaborate and create interdisciplinary and cross- AB Regions Rise Grant Misc Salas(D) sector regional strategies to address key regional issues and challenges.The measure would define"region"for 3205 Program. these purposes as a group consisting of at least one government agency,one local business,and one nonprofit organization,that spans a geographic area that includes an area in at least 2 different counties,and is comprised of an area that experiences common community issues and challenges. Housing Law. This bill would,beginning July 1,2021,require a city or county that receives a complaint of a substandard building AB Enforcement Response Misc Friedman(D) or a lead hazard violation,cite the violation and provide free copies of the inspection report and citations issued, 3352 to Complaints. if any,to the tenant,resident,occupant,or agent,and to all potentially affected tenants,residents,occupants,or the agents of those individuals. This measure would authorize a school district to make units in a rental housing facility that is constructed, reconstructed,or renovated with financing proceeds,as specified,available to employees of other school AB Public Employee Misc Mullin districts,community college districts,cities,counties,and special districts. This measure would also allow a city, 2852 Housing.Local Agencies county,or city and county to offers affordable rental housing for its employees that are financed by federal or state funds or tax credits,including,but not limited to,an allocation of federal low-income housing tax credits. 11 City of Tustin Legislative Tracking Matrix S=Support O=Oppose Green/Red:COT Position As of May 28,2020 LOCC=League of CA Cities ACCOC=Assn.of CA Cities OC Bill Title Category Author Short Summary • Current law authorizes a city legislative body to impose fines,penalties,and forfeitures for violations of SB Local Ordinances.Short ordinances,provided that a fine may not exceed$1,000.This measure would authorize a city legislative body to 1049 Term Rentals Misc Glazer(D) impose a fine of up to$5,000 for a violation of a short-term rental ordinance.The measure would define"short- term rental"for these purposes as a residential property that is rented to a visitor for fewer than 30 days through a centralized online platform where the rental is advertised and payments for the rental are securely processed. Would,until January 1,2024,require local agencies to adopt specified approval procedures for an application to AB Land Use:Permitting: install an emergency standby generator that meets specified standards,within the physical footprint of a macro 2421 Wireless Misc Quirk(D) cell tower site.Specifically,the bill would require a local agency that receives a completed permit application to Communications install an emergency standby generator that meets specified requirements to approve or deny the application within 60 days of submittal of the application. This measure would authorize a public agency,defined as a state or local public entity that issues a permit to an operator for mobility services or that otherwise regulates an operator,to require an operator to periodically submit to the public agency anonymized trip data and the operator's mobility devices operating in the geographic AB Mobility Devices. area under the public agency's jurisdiction and provide specified notice of that requirement to the operator.The Misc Irwin O 3116 Personal Information bill would authorize a public agency to share anonymized trip data with a contractor,agent,or other public agency only if specified conditions are met,including that the purpose of the sharing is to assist the public agency in the promotion and protection of transportation planning,integration of mobility options,and road safety.The bill would prohibit a public agency from sharing trip data with a contractor or agent. AB This measure would bolster state and local tax enforcement efforts by allowing authorities to pursue false tax 2570 False Claims Act Misc Stone(D) claim actions based on credible information provided by whistleblowers under the California False Claims Act S 5 (Act).Under AB 2570,the Act will protect whistleblowers of tax fraud and improve the collection of public funds. AB Seismically Vulnerable This measure would require the Alfred E.Alquist Seismic Safety Commission to identify funding and develop a 429 Buildings:Inventory Misc Nazarian(D) bidding process for hiring a third party contractorto develop a statewide inventory and/or survey of potentially seismically vulnerable buildings in 29 of California's counties that are particularly prone to seismic activity. 12 City of Tustin Legislative Tracking Matrix S=Support O=Oppose Green/Red:COT Position As of May 28,2020 LOCC=League of CA Cities ACCOC=Assn.of CA Cities OC Bill Title Category Author Short Summary • This measure would prohibit shared mobility device providers(such as Lime and Bird)from waiving the legal AB Shared Mobility Devices: Muratsuchi rights and remedies of their users,require them to maintain general liability insurance coverage,and have prior 1286 Agreements (D) Misc authorization from the jurisdictions in which they wish to operate.The bill also requires local governments that 5 authorize the deployment of these devices within their jurisdiction to adopt operation,parking,and maintenance rules through ordinance,agreement,or permit terms. These identical measures would direct the California Department of Resources Recycling and Recovery (CalRecycle)to establish a comprehensive framework to address plastic pollution and waste by:Adopting regulations by January 1,2024 that require producers,which includes the people who manufacture single-use packaging or priority single use products,to achieve a 75 percent reduction of waste generated from single-use packaging and priority single-use plastic products in the California market by 2030;"Single-use packaging'means SB the packaging of a product when the packaging is routinely recycled,disposed of,or discarded after its contents 54/A Solid Waste:Packaging Misc Allen/Gonzal have been used or unpackaged,and is typically not refilled;and"Priority single-use plastic products"are defined B and Products ez(D) as single-use food service ware,including plates,bowls,cups,utensils,stirrers,and straws. Requiring producers 1080 to source reduce single-use packaging and priority single-use products to the maximum extent feasible; Requiring producers to make single-use packaging and priority single-use products recyclable or compostable by 2030;and Developing criteria,via an implementation plan with stakeholder input,to determine which packaging materials qualify to be labeled as recyclable or compostable.This implementation plan will also include the development of incentives and policies to encourage in-state manufacturing using recycled material generated in California as a way to shift towards a more circular economy. This measure would prohibit a tobacco retailer from selling,offering for sale,or possessing with the intent to sell SB or offer for sale,a flavored tobacco product.The measure would make a violation of this prohibition an infraction 7993 Products Flavored Tobacco Misc Hill(D) punishable by a fine of$250 for each violation.This measure would also state the intent of the Legislature that these provisions not be construed to preemptor prohibit the adoption and implementation of local ordinances related to the prohibition on the sale of flavored tobacco products. 13 City of Tustin Legislative Tracking Matrix S=Support O=Oppose Green/Red:COT Position As of May 28,2020 LOCC=League of CA Cities ACCOC=Assn.of CA Cities OC Bill Title Category Author Short Summary • Would authorize a licensing authority under MAUCRSA to impose an administrative fine of up to$50,000 per AB Cannabis:facilities used Public Safety Jones- violation against a person who violates the prohibition on renting,leasing,or making available a building,room, 2904 for unlawful purpose Sawyer(D) space,or enclosure for the purpose of unlawfully manufacturing,distributing,or selling cannabis.The bill would make each day the violation continues a separate violation for this purpose. Would impose a civil penalty on persons aiding and abetting unlicensed commercial cannabis activity of up to AB Unlawful cannabis $30,000 for each violation.The bill would prohibit an action for civil penalties brought against a person pursuant Public Safety Rubio(D) 5 2122 activity:enforcement to MAUCRSA from commencing unless the action is filed within 3 years from the first date of discovery of the violation by a licensing authority or a participating agency,whichever is earlier or earliest. Current law requires the Commission on Peace Officer Standards and Training(POST)to develop and implement a course of instruction and training for specified peace officers on the topic of hate crimes.Current law requires AB Peace that training to be implemented into the basic course and requires,as specified,all state and local law 2236 haatete crimes training: Public Safety Gabriel(D) enforcement agencies to provide the training to all peace officers they employ.This bill would require the basic ri course curriculum on the topic of hate crimes to include the viewing of a specified video course developed by POST.The bill would also require POST to make the video available via the online learning portal,and would require all peace officers to view the video no later than January 1,2022. Would prohibit a person,as defined,from collecting a fee or any other form of compensation for advertising or marketing the sale or provision of cannabis or cannabis products,unless the sale or provision is done in AB Cannabis:advertising Public Safety O'Donnell(D) compliance with MAUCRSA.The bill would also prohibit the completion,initiation,or facilitation of the sale or 3330 and marketing:penalties provision of cannabis or cannabis products unless the sale or provision is in compliance with MAUCRSA.The bill would make a violation of these provisions a public nuisance and subject a person in violation of these provisions to a criminal penalty and a civil penalty of up to$30,000,as provided. Current law prohibits any vehicle,other than an authorized emergency vehicle,from being equipped with a siren. SB Current law requires an emergency vehicle to be equipped with a siren that meets requirements set forth by the 909 Emergency vehicles Public Safety Dodd(D) Department of the California Highway Patrol.This bill would authorize an emergency vehicle to be equipped with a"hi-lo"audible warning sound and would authorize the"hi-lo"to be used solely for the purpose of notifying the public of an immediate need to evacuate.This bill contains other current laws. 14 City of Tustin Legislative Tracking Matrix S=Support O=Oppose Green/Red:COT Position As of May 28,2020 LOCC=League of CA Cities ACCOC=Assn.of CA Cities OC Bill Title Category Author Short Summary • Access and Functional Needs:Local SB Government:Agreement Cervantes This measure would require a county,including a city and county,to enter into an agreement with an adjacent 2730 for Emergency Public Safety (D) county for emergency management and transportation services in the event of an emergency that requires the Management, evacuation and relocation of the access and functional needs population in the adjacent county. Transportation,and Paratransit Services. AB Parking Penalties. Public Safety Jones- This measure would increase the total amount of unpaid parking tickets that can be paid in installments from 3277 Collection Sawyer(D) $300 to$750 and extend the amount of time they can be paid from 18 months up to 30 months. This measure would authorize cities to enter into agreements with their own social services departments and/or SB Emergency Services: public utility or to utilize its own records to automatically enroll their residents into the city or county-operated Public Safety Jackson(D) S 794 Telecommunications public emergency warning system.The measure requires local governments that exercise this authority to provide an opt-out for residents that do not wish to be enrolled in the system. AB This measure would amend the California Emergency Services Act to additionally include deenergization,defined 2178 Emergency Services Public Safety Levine(D) as a planned public safety power shutoff,within those conditions constituting a state of emergency and a local emergency.Similar to SB 862(Dodd). This measure requires electrical corporations,such as Pacific Gas and Electric;Southern California Edison;and San Electrical Corporations: Diego Gas and Electric;to collect more data on their electrical corporation equipment and ensure that costs 56 Deenergization Events: accrued by local governments and customers during a utility-initiated power shutoffare recovered in a timely 378 Procedures:Allocation of Public Safety Wiener(D) manner.This measure also establishes a civil penalty imposed on electrical corporations during a de-energization Costs:Reports event as determined by the California Public Utilities Commission(CPUC).Electrical corporations must also notify cities and counties as early as possible of any utility-initiated power shutoff,and provide all specific local information. 15 City of Tustin Legislative Tracking Matrix S=Support O=Oppose Green/Red:COT Position As of May 28,2020 LOCC=League of CA Cities ACCOC=Assn.of CA Cities OC Bill Title Category Author Short Summary • This measure would require air districts to adopt a rule,or revise its existing rules,to allow critical facilities with a permitted emergency backup generator to use that emergency backup generator during a deenergization event SB Emergency Backup or other loss of power,and to test and maintain that emergency backup generator without having that usage, 1099 Generators:Critical Public Safety Dodd(D) testing,or maintenance count toward that emergency backup generator's time limitation on actual usage and Facilities:Exemption routine testing and maintenance.This measure would prohibit air districts from imposing a fee on the issuance or renewal of a permit issued for those critical facility emergency backup generators.This measure is sponsored by CMUA. This measure would create a framework to shorten and decrease utility initiated power shutoff events and to SB Electrical Corporations: ultimately reduce their use.This measure also requires Investor Owned Utilities(IOUs)to take both short and 1312 Deenergization Public Safety McGuire long-term steps to harden their infrastructure and reduce the impacts of PSPS events on Californians.In doing so, it requires IOUs to prioritize public health and safety as well as uphold the belief that Californians today should have the right to reliable electrical service. This measure would amend the California Emergency Services Act to require Cal DES to include best practices in the next update of the existing State Emergency Plan.This measure also requires Cal DES to develop and update AB Emergency annually,in coordination with organizations the access and functional needs population,a guidance document for 2064 Preparedness:Access Public Safety Patterson(D) local governments based on a review of recent emergency and natural disaster incidents and what did or did not and Functional Needs go well in the response efforts.The measure would also require Cal DES to review the emergency plans of all local governments to determine if they are consistent with the proposed best practices provisions and,upon request by a local government,provide necessary technical assistance to that local government. AB Office of Emergency This measure requires the California Office of Emergency Services(Cal DES)to develop model guidelines for local 2213 Services:Model Public Safety Limon(D) governments and other local entities active in disasters to identify,type,and track community resources that Guidelines could assist in responding to or recovering from disasters. This measure would strengthen safe excavation practices by increasing collaboration between excavators and operators,requiring data sharing amongst key stakeholders,and moving the Dig Safe Board to the Office of SB Excavations:Subsurface Energy Infrastructure Safety.Entities that violate the requirements of SB 865 will face civil penalties.The funds Public Works Hill(D) 5 865 Installations collected through these penalties will be deposited into the Safe Energy Infrastructure and Excavation Fund to fund public education and outreach programs designed to promote excavation safety around subsurface installations. 16 City of Tustin Legislative Tracking Matrix S=Support O=Oppose Green/Red:COT Position As of May 28,2020 LOCC=League of CA Cities ACCOC=Assn.of CA Cities OC Bill Title Category Author Short Summary • Road Project Contracts: Would require the Department of Transportation to conduct a study to determine if including recycled plastics in SB Preference:Recycled Public Works Hueso(D) asphalt used for a construction and repair project of a state highway is feasible.The bill would declare it to be the 1238 Plastics goal of the state that,by 2045,the department and each local agency use asphalt that includes recycled plastics in every construction or repair project of a local road or state highway that will use asphalt. 17