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HomeMy WebLinkAbout06 LEGISLATIVE UPDATE DocuSign Envelope ID:AC3DC8B6-AED5-40F9-A7F7-A746C5D01 F1 E Agenda Item 6 Reviewed: - AGENDA REPORT City Manager m5W Finance Director N/A MEETING DATE: AUGUST 18, 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 . Take a SUPPORT position on AB 1063 (Petrie-Norris) Planning and zoning law: housing elements: accessory dwelling units: adequate site substitutes 2. Receive and file the updated Legislative Matrix 3. Other actions at the pleasure of the City Council FISCAL IMPACT: Not applicable. DISCUSSION: Federal Updates Related to Local Government CARES Act/HEROES Act/HEALS 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. The DocuSign Envelope ID:AC3DC8B6-AED5-40F9-A7F7-A746C5D01 F1 E Agenda Report— Legislative Update August 18, 2020 Page 2 HEROES Act passed the House of Representatives in May, and has not been acted on in the Senate. The Senate release its proposed relief bill called the Health, Economic Assistance, Liability protection and Schools (HEALS) Act in late July. The HEALS Act contains a number of components, but does not contain any additional funding for state and local governments. Senator McConnell acknowledged that this was to serve as a starting point for negotiations with the House. The Senate and House have not had fruitful negotiations on the next COVID-19 relief bill to date, leaving state and local governments with no additional funding to deal with response to COVID-19 or to assist with lost revenue. The City recently signed onto a coalition letter with other Orange County cities requesting federal action to support state and local governments. 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 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 current workload is approximately 400-450 bills that may be trimmed down further as needed in response to COVID-19 or as other issues arise. Housing, emergency response and public safety seem to be the focus of the remaining bills. While housing was a hot topic last year and at the start of this year, the highest profile bills seem to have stalled. Emergency response bills continue to move forward in response to wildfires last year and in preparation for this wildfire season. Finally, in response to the national discussion on public safety, the Legislature has introduced a number of measures that would change public safety policies and procedures. The Legislature has also focused on economic recovery from COVID-19. On July 27, a group of legislators announced a $1006 economic stimulus proposal to help protect vulnerable Californians and stimulate job creation. A final version of this proposal is not yet available, but a summary is attached with this staff report. DocuSign Envelope ID:AC3DC8B6-AED5-40F9-A7F7-A746C5D01 F1 E Agenda Report— Legislative Update August 18, 2020 Page 3 The Legislature must conclude its work by August 31, unless a special session is called by Governor Newsom. No special sessions have been called to date. State Budget Governor Newsom recently signed the state's FY 20-21 budget. In January, the state was evaluating how to spend a $613 surplus, but due to the impacts of COVID-19, the state was forced to close a $54B deficit. The state budget relies heavily on receiving $14B in new federal funding. If these funds are not received by September 1, $14B in cuts will take effect immediately. As mentioned previously, negotiations at the federal level have stalled for the time being. Recommended Positions on Legislation Staff is recommending the following position on pending legislation. A draft position letter is attached to the staff report. - AB 1063 (Petrie-Norris) Planning and zoning law: housing elements: accessory dwelling units (ADUs): adequate site substitutes — SUPPORT o Summary: Allows cities increased flexibility to utilize an existing provision of law that allows a portion of RHNA requirements to be met through either rehabilitation, conversion and/or preservation alternatives. This option is rarely used under the existing law. Also expands the ability for cities to count ADUs towards RHNA requirements based on demonstrated capacity and establishing an accepted assumption for estimating ADU production and affordability levels. Legislative Matrix Attached is an updated legislative tracking matrix as of August 11 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 August 11 . Staff is available for any questions the Council may have. Attachments- - $100B Economic Stimulus Plan outline (July 27) - Draft support letter for AB 1063 - Updated legislative tracking matrix as of August 11 DocuSign Envelope ID:AC3DC8B6-AED5-4OF9-A7F7-A746C5D01 F1 E CALIFORNIA LEGISLA'T'URE STAM C:APrr1111 %ALXAM11U%rM" +M1411 Major Components of Joint Economic Stimulus Plan: ✓ New Revenues Without Raising Taxes. Innovative and fiscally sound revenue solutions will allow California to enact programs that will stimulate the economy through support for small business, protections for working families, and investments in our green economy, including, but not limited to, the following efforts: Economic Recovery Fund - Authorize Treasurer to issue future tax vouchers to generate billions of revenues for general economic stimulus efforts outlined in the plan. Securitization of current revenue streams: ■ Accelerate SB 1 transportation funds to create good jobs now and to improve key roads and highways to better support the economy. • Accelerate existing CPUC revenue streams that will expand broadband services throughout the state to benefit distance learning and other activities. • Accelerate future Cap and Trade funds to backfill lost revenues due to the downturn and ensure critical programs remain funded. Accelerate authorized, but unused, general obligation bonds to generate bond funds to infrastructure projects. Borrow from the federal government to bolster state unemployment insurance programs. DocuSign Envelope ID:AC3DC8B6-AED5-4OF9-A7F7-A746C5DO1 F1 E • Support for Small Business. Protect small businesses from the impacts of the economic downturn through policy changes and funding. including, but not limited to, the following efforts: Expand small business tax breaks. such as extending the sales tax loan program. Exclude small businesses from increased Unemployment Insurance costs to repay federal unemployment insurance funds. Reduce the risk of small business owners, and other Californians, losing their homes due to bankruptcy. Combat history of systemic racism and sexism with efforts to support minority and women owned businesses. Streamline the Work Sharing program administered by EDD so more employers have temporary alternatives to layoffs when its business operations are reduced. Incentivize on-shore manufacturing of PPE, ventilators. swabs and other products critical to our COVID-19 response, including expansion of workforce retraining programs. • Protections for Working Families. Support struggling workers through stronger benefit programs and policy changes. while ensuring families have access to affordable housing and students have a safe way to learn, including, but not limited to, the following efforts: Fill gaps in Unemployment Insurance, including extending to undocumented workers, shortfalls resulting from if the federal government does not extend the $600 per week payment, and other holes that remain. Expand the FITC to provide more relief to low-income Californians. including those that file taxes with Individual Tax Identification Numbers. Improve access to safe childcare programs, including capital assistance for homeowners updating homes for in-home childcare services. Help students return safely to in-person education while balancing costs to schools, and provide expanded broadband access, particularly in rural and DocuSign Envelope ID:AC3DC8B6-AED5-4OF9-A7F7-A746C5D01 F1 E unserved communities, so students who cannot return to the classroom aren't left behind during distance learning. Increase affordable housing supply by helping homeowners access financing to build ADUs, and loaning public higher education institutions funds to build more student housing. Protect renters from eviction and support struggling homeowners and landlords. Augment Budget Act appropriations for local governments to combat homelessness, and provide incentives for local governments to build housing on non-traditional sites. ✓ Investments in our Green Economy. Improve the environment, combat climate change, and create green infrastructure and jobs with investments including, but are not limited to, the following efforts: Invest in wildfire prevention and vegetation management activities. Fight sea level rise, and protect wetlands and communities from climate change impacts. Improve clean water delivery and recycling infrastructure. Create a dedicated fund to incentivize light and heavy-duty, including passenger clean vehicles, as well as expedite and expand electric vehicle charging infrastructure projects. Make buildings more energy efficient with greener HVAC and water systems, as well as clean energy generation and battery energy storage systems. Streamline the CEQA through targeted, and limited. use of the AB 900 process — including for housing — to ensure environmental leadership projects actually get built. DocuSign Envelope ID:AC3DC8B6-AED5-40F9-A7F7-A746C5D01 F1 E August , 2020 The Honorable Connie Petrie-Norris State Capitol Building, Room 4144 Sacramento, CA 95814 SUBJECT: AB 1063 (Petrie-Norris) Notice of Support Dear Assembly Member Norris - The City of Tustin (City) is pleased to inform you of our support of AB 1063. This bill would provide necessary streamlining and flexibility to cities to be able to accelerate housing production. It is critical that as the state develops more housing production policies, cities are given flexibility to realistically offer ways to boost housing construction. This bill will take important steps to implement several objectives that will allow cities to facilitate housing: - Allows increased flexibility to utilize an existing provision of state law that allows a portion of RHNA requirements to be met through either rehabilitation, conversion and/or preservation alternatives. As currently codified,this option is rarely used due to prohibitive prerequisites making qualification of sites infeasible. - Presents clear, objective standards for the review and certification of housing elements by providing guidance to jurisdictions in the selection of appropriate sites, while minimizing administrative time and cost. - Expands the ability for cities to count accessory dwelling units (ADUs) towards RHNA requirements based on demonstrated capacity and establishing an accepted assumption for estimating ADU production and affordability levels. In summary, this bill will clarify current law to ensure that cities can count ADUs towards their housing element compliance. It is important that cities are able to receive credit for facilitating the development of ADUs and junior ADUs. For these reasons, the City of Tustin supports AB 1063. DocuSign Envelope ID:AC3DC8B6-AED5-40F9-A7F7-A746C5D01 F1 E Sincerely, Dr. Allan Bernstein Mayor cc: Senator John M.W. Moorlach Assembly Member Steven S. Choi, Ph.D. Tony Cardenas, League of California Cities League of California Cities, cilyletters@cacities.org letters@cacities.org Jenn Lowe, Association of California Cities—Orange County Amy O'Gorman Jenkins, Precision Advocacy DocuSign Envelope ID:AC3DC8B6-AED5-40F9-A7F7-A746C5D01 Fi E City of Tustin Legislative Tracking Matrix S=Support O=Oppose Green/Red:COT Position As of August 11,2020 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 S 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 S 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 55 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 DocuSign Envelope ID:AC3DC8B6-AED5-40F9-A7F7-A746C5D01 Fi E City of Tustin Legislative Tracking Matrix S=Support O=Oppose Green/Red:COT Position As of August 11,2020 LOCC=League of CA Cities ACCOC=Assn.of CA Cities OC I Bill Title Category Author Short Summary • This measure would clarify that"water"for purposes of the Proposition 218 Omnibus Implementation Act also SB 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 S 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 SB 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. Would increase the commercial paper limit for cities and special districts that have more than$100 million in SB investment assets from 25 percent to 40 percent of their total surplus funds.This measure would allow local 9998 Investments. Finance Moorlach® agencies to invest in securities the federal government issues or backs that could result inzero-ornegative- Local Government. interest accrual if held to maturityduring a period of negative market interest rates,and hold those securities untilmaturity. AB COVID-19 Local Would impose a tax on businesses with more than 500 employees that perform any part of their duties within 398 Government and School Finance Chu(D) the state,at the rate of$275 per employee.This measure would require the California Department of Tax and Recovery and Relief Act Fee Administration(CDTFA)to administer the tax and collect the tax. This bill would specify that if 90%or more of the direct or indirect ownership interests in a legal entity are sold or SB Property taxation: transferred in a single transaction,as defined,the real property owned by that legal entity has changed Finance Bates® S 1319 change in ownership ownership whether or not any one legal entity or person that is a party to the transaction obtains control,as defined. 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. 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. 2 DocuSign Envelope ID:AC3DC8B6-AED5-40F9-A7F7-A746C5D01 Fi E City of Tustin Legislative Tracking Matrix S=Support O=Oppose Green/Red:COT Position As of August 11,2020 LOCC=League of CA Cities ACCOC=Assn.of CA Cities OC Bill Title Category Author Short Summary • 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 agency to 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. This measure would greatly expand Density Bonus law and allow developers to receive up to five concessions and Housing Gonzalez(D) O O 2345 Density Bonus incentives from local governments and up to SO%more density. 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 S 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. 3 DocuSign Envelope ID:AC3DC8B6-AED5-40F9-A7F7-A746C5D01 Fi E City of Tustin Legislative Tracking Matrix S=Support O=Oppose Green/Red:COT Position As of August 11,2020 LOCC=League of CA Cities ACCOC=Assn.of CA Cities OC Bill Title Category Author Short Summary • 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. 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) O 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 Zoning 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. 4 DocuSign Envelope ID:AC3DC8B6-AED5-40F9-A7F7-A746C5D01 Fi E City of Tustin Legislative Tracking Matrix S=Support O=Oppose Green/Red:COT Position As of August 11,2020 LOCC=League of CA Cities ACCOC=Assn.of CA Cities OC Bill Title Category Author Short Summary • Housing Development. This measure would,upon appropriation by the Legislature,require HCD to administer a program to provide SB Portantino 1299 Incentives.Rezoning of Housing ( )D incentives in the form of grants allocated as provided to local governments that rezone idle sites used fora big S Idle Retail Sites. box retailer or a commercial shopping center to instead allow the development of workforce housing. SB Local Planning.Housing 1385 in Commercial Zones Housing Caballero(D) 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. 5 DocuSign Envelope ID:AC3DC8B6-AED5-40F9-A7F7-A746C5D01 Fi E City of Tustin Legislative Tracking Matrix S=Support O=Oppose Green/Red:COT Position As of August 11,2020 LOCC=League of CA Cities ACCOC=Assn.of CA Cities OC Bill Title Category Author Short Summary • 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. 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. 6 DocuSign Envelope ID:AC3DC8B6-AED5-40F9-A7F7-A746C5D01 Fi E City of Tustin Legislative Tracking Matrix S=Support O=Oppose Green/Red:COT Position As of August 11,2020 LOCC=League of CA Cities ACCOC=Assn.of CA Cities OC Bill Title Category Author Short Summary • This measure would require a recipient that receives state funds for the HHAPP,CESH,CaIWORKs,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. 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 3269 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. 7 DocuSign Envelope ID:AC3DC8B6-AED5-40F9-A7F7-A746C5D01 Fi E City of Tustin Legislative Tracking Matrix S=Support O=Oppose Green/Red:COT Position As of August 11,2020 LOCC=League of CA Cities ACCOC=Assn.of CA Cities OC Bill Title Category Author Short Summary • 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. 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 governments with their economic recovery and natural disaster preparedness. Of the$2 billion,$1.15 billion 799 Community 5 Development Housing Beall(D) shall be used to construct affordable housing,spur economic development and create jobs through infrastructure S O Investment Program and employment programs.Funds will be distributed as follows:1)Multi-family Housing Program—$500 million (25%);2)Infill Incentive Grant Program--$300(15%)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%) 56 Subdivisions.Tentative Would build off the Accessory Dwelling Unit(ADU)law that allows for at least three units per parcel to further 1120 Maps. Housing Atkins(D) encourage development in single-family neighborhoods by creating a ministerial approval process for duplexes and lot splits that meet local zoning,environmental and tenant displacement standards. Planning and zoning law: This bill would require HCD to allow a city or county to identify adequate sites for ADUs by a variety of methods, AB housing elements: Housing Petrie-Norris as specified.The bill would require HCD to allow a city or county to identify sites for potential accessory dwelling 1063 accessory dwelling units: (D) units based on existing zoning standards and the demonstrated potential capacity to accommodate accessory adequate site substitutes dwelling units and junior accessory dwelling units,as determined by the city or county. 8 DocuSign Envelope ID:AC3DC8B6-AED5-40F9-A7F7-A746C5D01 Fi E City of Tustin Legislative Tracking Matrix S=Support O=Oppose Green/Red:COT Position As of August 11,2020 LOCC=League of CA Cities ACCOC=Assn.of CA Cities OC Bill Title Category Author Short Summary • 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 Kalra(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. 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 Injury.Communicable Labor Cooper(D) including coronavirus disease 2019(COVID-19),that is the subject of a state or local declaration of a state of Disease 664 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. 9 DocuSign Envelope ID:AC3DC8B6-AED5-40F9-A7F7-A746C5D01 Fi E City of Tustin Legislative Tracking Matrix S=Support O=Oppose Green/Red:COT Position As of August 11,2020 LOCC=League of CA Cities ACCOC=Assn.of CA Cities OC Bill Title Category Author Short Summary • Employment Violation AB This measure would extend the period of time within which people may file complaints subject to the 6-month Complaints. Labor Kalra(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 employer from 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 O 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. 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. during any 12-month period for family care and medical leave,including birth of the employee's child or LAbor Kalra(D) O 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. 10 DocuSign Envelope ID:AC3DC8B6-AED5-40F9-A7F7-A746C5D01 Fi E City of Tustin Legislative Tracking Matrix S=Support O=Oppose Green/Red:COT Position As of August 11,2020 LOCO=League of CA Cities ACCOC=Assn.of CA Cities OC This measure would establish new procedures under PERIL for cases in which PERS determines that the benefits of a member or annuitant are,or would be,based on disallowed compensation that conflicts with PEPRA and other 7SB oyees specified laws and thus impermissible under PERL.The bill would also apply these procedures retroactively to ystem. determinations made on or afterJanuary 1,2017,if an appeal has been filed and the employee member,ed Labor Leyva(D) O 266 survivor,or beneficiary has not exhausted their administrative or legal remedies.At the threshold,after compensation.Benefit determining that compensation for an employee member reported by the state,school employer,or a Adjustments 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 Inforation. employee information. Thagency from imposing a housing impact AB agency 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 developnant project. 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. 11 DocuSign Envelope ID:AC3DC8B6-AED5-40F9-A7F7-A746C5D01 Fi E City of Tustin Legislative Tracking Matrix S=Support O=Oppose Green/Red:COT Position As of August 11,2020 LOCC=League of CA Cities ACCOC=Assn.of CA Cities OC Bill Title Category Author Short Summary • 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, AB Public Employee reconstructed,or renovated with financing proceeds,as specified,available to employees of other school 2852 Housing.Local Agencies Misc Mullin districts,community college districts,cities,counties,and special districts.This measure would also allow a city, 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. 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 10449 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. 12 DocuSign Envelope ID:AC3DC8B6-AED5-40F9-A7F7-A746C5D01 Fi E City of Tustin Legislative Tracking Matrix S=Support O=Oppose Green/Red:COT Position As of August 11,2020 LOCC=League of CA Cities ACCOC=Assn.of CA Cities OC Bill Title Category Author Short Summary • 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 contractor to develop a statewide inventory and/or survey of potentially S seismically vulnerable buildings in 29 of California's counties that are particularly prone to seismic activity. 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 oftheir users,require them to maintain general liability insurance coverage,and have prior 1286 Agreements Misc (D) authorization from the jurisdictions in which they wish to operate.The bill also requires local governments that S authorize the deployment of these devices within their jurisdiction to adopt operation,parking,and maintenance rules through ordinance,agreement,or permit terms. 13 DocuSign Envelope ID:AC3DC8B6-AED5-40F9-A7F7-A746C5D01 Fi E City of Tustin Legislative Tracking Matrix S=Support O=Oppose Green/Red:COT Position As of August 11,2020 LOCC=League of CA Cities ACCOC=Assn.of CA Cities OC • 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 7 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 S 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 Flavored Tobacco or offer for sale,a flavored tobacco product.The measure would make a violation of this prohibition an infraction 793 Products 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 preempt or prohibit the adoption and implementation of local ordinances related to the prohibition on the sale of flavored tobacco products. AB his bill makes various changes to the process counties and cities use when adjusting the boundaries of their 1276 Local redistricting. Misc Bonta(D) governing bodies'electoral districts. It also makes specified changes to the signatures in-lieu of filing fee process for local candidates. Would revise and recast specified provisions to make it an unlawful employment practice for any employer to 56 Unlawful employment refuse to grant a request by an employee to take up to 12 workweeks of unpaid protected leave during any 12- 1383 practice:family leave Misc Jackson(D) month period to bond with anew child of the employee or to care for themselves or a child,parent,grandparent, O grandchild,sibling,spouse,or domestic partner,as specified.The bill would require an employer who employees' both parents of a child to grant leave to each employee. 14 DocuSign Envelope ID:AC3DC8B6-AED5-40F9-A7F7-A746C5D01 Fi E City of Tustin Legislative Tracking Matrix S=Support O=Oppose Green/Red:COT Position As of August 11,2020 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) S 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 officer training: that training to be implemented into the basic course and requires,as specified,all state and local law 2236 hate crimes Public Safety Gabriel(D) enforcement agencies to provide the training to all peace officers they employ.This bill would require the basic 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. 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. 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. 15 DocuSign Envelope ID:AC3DC8B6-AED5-40F9-A7F7-A746C5D01 Fi E City of Tustin Legislative Tracking Matrix S=Support O=Oppose Green/Red:COT Position As of August 11,2020 LOCC=League of CA Cities ACCOC=Assn.of CA Cities OC Bill Title Category Author Short Summary • 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 S 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 SB Deenergization Events: accrued by local governments and customers during a utility-initiated power shutoff are 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 S 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. 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, S 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. 16 DocuSign Envelope ID:AC3DC8B6-AED5-40F9-A7F7-A746C5D01 Fi E City of Tustin Legislative Tracking Matrix S=Support O=Oppose Green/Red:COT Position As of August 11,2020 LOCC=League of CA Cities ACCOC=Assn.of CA Cities OC Bill Title Category Author Short Summary • 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 S Guidelines could assist in responding to or recovering from disasters. Would prohibit the construction of a new development project within a very high fire hazard severity zone or a SB state responsibility area.Development projects include residential dwellings,including,but not limited to, 4774 Zones.Development.Very High Fire Severity Public Safety Stern(D) mobilehomes,accessory dwelling units,and junior accessory dwelling units,of one or more units or a subdivision of land for the purpose of constructing one or more residential dwelling units,and projects for commercial,retail, or industrial use. AB Police.Use of Force. Public Safety Gonzalez(D) Would establish clear standards on the use of rubber bullets and other"less lethal"weapons by law enforcement 66 for crowd control,and would ban the use of tear gas by all California law enforcement agencies. AB Peace Officers.Use of Public Safety Gipson(D) Would prohibit law enforcement agencies in California from authorizing the use of the carotid artery restraint or 1196 Force. a chokehold. Law Enforcement Use of This measure would require municipalities to annually post on their websites specified information relating to use ABof force settlements and judgements,including:the amounts paid,broken down by individual settlement and Force Settlements and Public Safety McCarty(D) 1314 judgment;the premiums paid for insurance against use of force settlements or judgements;and information on Judgements.Reporting. municipal bonds used to finance such payments. Would allow local law enforcement agencies and district attorneys to more regularly request the Attorney Police Use of Force Public Safety McCarty(D) AB General to independently investigate situations where an officer used force that resulted in death or harm.The 1506 Department of Justice would have to review the incident and,upon its conclusion,could pursue prosecution should that force be found unwarranted. 17 DocuSign Envelope ID:AC3DC8B6-AED5-40F9-A7F7-A746C5D01 Fi E City of Tustin Legislative Tracking Matrix S=Support O=Oppose Green/Red:COT Position As of August 11,2020 LOCC=League of CA Cities ACCOC=Assn.of CA Cities OC Bill Title Category Author Short Summary • AB Personal Rights.False Would make false reports to police,including 911 calls,a violation of the Ralph Civil Rights Act when made falsely 1472 Reports to Law Public Safety Stone(D) or in reckless disregard of the truth.This measure would also allow for civil action against persons who make Enforcement. these false reports or claims,regardless of any discriminatory motive. Would authorize civil action against any responsible party,who,motivated by a person's protected status, AB Discriminatory knowingly causes a peace officer to encounter the person with the intent to infringe upon the person's rights or 1550 Emergency Calls. Public Safety Bonta(D) cause the person to feel harassed,humiliated,or embarrassed.This measure outlines the various types of damages a prevailing plaintiff may recover from a responsible party.Additionally,it would make a false report made under such circumstances eligible for consideration as a hate crime. Would eliminate immunity provisions for public employees involved in a violation of the Tom Bane Civil Rights AcT.The bill would also authorize specified persons to bring an action for the death of a person caused by a violation of the act.Would also disqualify a person from being employed as a peace officer if that person has SB been convicted of,or has been adjudicated in an administrative,military,or civil judicial process as having 731 Public Employment Public Safety Bradford(D) committed,a violation of certain specified crimes against public justice,including the falsification of records, bribery,or perjury.The bill would also disqualify any person who has been issued a certificate by the Commission on Peace Officer Standards and Training and had that certificate revoked by the commission,has voluntarily surrendered the certificate,or has been denied issuance of a certificate.The bill would require a law enforcement employing peace officers to employ only individuals with a current,valid certification or pending certification. 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 Public Works Hill(D) Energy Infrastructure Safety.Entities that violate the requirements of SB 865 will face civil penalties.The funds S 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. Road Project Contracts: Would require the Department of Transportation to conduct a study to determine if including recycled plastics in SBPreference: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. 18 DocuSign Envelope ID:AC3DC8B6-AED5-40F9-A7F7-A746C5D01 Fi E City of Tustin Legislative Tracking Matrix S=Support O=Oppose Green/Red:COT Position As of August 11,2020 LOCC=League of CA Cities ACCOC=Assn.of CA Cities OC Bill Title Category Author Short Summary • Would create the Transportation Improvement Fee Subaccount in the Road Maintenance and Rehabilitation Transportation Account and would continuously appropriate the revenues in the subaccount to the Department of SB Transportation and cities and counties as part of the same appropriation made to those entities from the Road improvement fee: Public Works Beall(D) 1351 Maintenance and Rehabilitation Account.The bill would prohibit the revenues in the subaccount from being used revenue bonds to satisfy the above-described deductions from the Road Maintenance and Rehabilitation Account,except under specified circumstances. This bill would make every incident involving use of force subject to disclosure.The bill would remove the 7 Peace officers:release of 776 records Public Safety Skinner(D) requirement that a complaint relating to sexual assault or dishonesty be found to be sustained following an investigation in order to be subject to disclosure. The bill would require each agency s policy to prohibit law enforcement officers from using force on individuals AB Law enforcement agency engaged in,or members of the press covering,a lawful assembly or protest,as specified,and would further 1652 policies:use of force: Public Safety Wicks(D) require the policy to require that an officer who is found to have intentionally violated this policy be suspended, protests as specified.By imposing additional duties on local law enforcement agencies,the bill would impose a state- mandated local program. 19