HomeMy WebLinkAbout06 LEGISLATIVE UPDATEDocuSign Envelope ID: E79FCF1F-AF68-4563-80A5-1A743A3ADD90
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AGENDA REPORT
IF
Agenda Item 6
Reviewed: DS
City Manager �t5W
Finance Director N/A
MEETING DATE: APRIL 5, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MATTHEW S. WEST, CITY MANAGER
SUBJECT: LEGISLATIVE UPDATE
SUMMARY:
Staff and the City's consultant Townsend Public Affairs (TPA) have prepared a summary
of state legislative activity.
RECOMMENDATION:
1. Take an OPPOSE UNLESS AMENDED position on AB 2097 (Friedman)
Residential and commercial development: remodeling, renovations, and additions:
parking requirements
2. Take a SUPPORT position on SB 922 (Wiener) California Environmental Quality
Act: exemption: transportation -related projects
3. Receive and file the updated legislative matrix as of March 25
4. Receive and file legislative updates prepared by TPA
FISCAL IMPACT:
Not applicable.
DISCUSSION:
State Legislative Updates
TPA has created a summary of state legislative activity for the month of February and a
more recent weekly report that is attached to the staff report.
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Agenda Report — Legislative Update
April 5, 2022
Page 2
Recommended Position on Legislation
Staff and TPA are recommending the following positions on bills. A draft letter is
attached to the staff report.
AB 2097 (Friedman) Residential and commercial development: remodeling, renovations,
and additions: parking requirements
Summary: Prohibits local governments from imposing or enforcing minimum
parking requirements on commercial or residential developments located within a
one-half mile walking distance of public transit. If a project provides parking
voluntarily, the bill would allow a public agency to impose parking requirements on
the voluntary parking.
- Recommended Position: Oppose unless amended
SB 922 (Wiener) California Environmental Quality Act: exemption: transportation -related
rp oiects
Summary: The California Environmental Quality Act (CEQA) exempts bicycle
transportation plans, including restriping of streets and highways, bicycle parking
and storage, signal timing to improve street and highway intersection operations,
and related signage for bicycles, pedestrians, and vehicles until January 1, 2030.
This bill would extend the exemption indefinitely and repeal the requirement that
the bicycle transportation plan is for an urbanized area and would extend the
exemption to an active transportation plan or pedestrian plan, or to a feasibility and
planning study for active transportation, bicycle facilities, or pedestrian facilities.
Recommended Position: Support
Legislative Tracking Matrix
Attached is a legislative tracking matrix as of March 25 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.
Attachments:
- TPA February 2022 Update and March 25 Weekly Update
- Draft AB 2097 letter
- Draft SB 922 letter
- Legislative matrix as of March 25
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T(JWNSEND
TPA
MEMORANDUM
To: City of Tustin
From: Townsend Public Affairs
Date: February 28, 2022
Subject: February Monthly Report
The month of February saw the introduction of over 1,800 new bill vehicles, the approval of several
early budget action items, and numerous COVID-19 procedural updates. Overall, legislators and
the Administration have been focused on establishing consensus on funding priorities included in
the Governor's January budget framework proposal and introducing the bulk of their legislative
priorities for the year. Below is an overview of notable legislative happenings from the month of
February.
State Legislature
February 18 marked the 2022 Legislative Session's bill introduction deadline for all new legislative
vehicles. Although new bills have trickled in since the January 3 start of session, most legislators
wait until the final deadline week to introduce the bulk of their proposals. Both the Assembly and
Senate introduced a total of 2,115 new bill vehicles. While the deadline for new bills has passed,
legislators will still have the opportunity to amend or "gut and amend" existing bill vehicles into
new legislation. However, Assembly and Senate leadership have set hard mid-March deadlines
for major amendments and amendments to "spot" legislation, meaning new and evolved
legislative language will materialize in the coming weeks.
Notable bill introductions from February include the following:
AB 1795 (Fong) Open meetings: remote participation.
Requires state bodies to provide all persons the ability to participate both in-person and
remotely in any meeting and to address the body remotely.
AB 1850 (Ward) Public housing: unrestricted housing.
Prohibits local governments (including charter cities), JPAs, or any other political
subdivision of a state or local government from acquiring unrestricted housing unless each
unit in the development meets specified criteria, including that the initial rent for the first
12 months post conversion is at least 10% less than the average monthly rent charged for
the unit over the 12 -month period prior to conversion and at least 20% less than the small
area fair market rent.
AB 1909 (Friedman) Vehicles: bicycle omnibus bill.
Removes the prohibition of class 3 electric bicycles on trails, bikeways, bike lanes
equestrian trails, or hiking or recreational trails and removes the authority of a local
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jurisdiction to prohibit class 1 and class 2 electric bicycles on these facilities. Instead
authorizes a local authority to prohibit the operation of a class 3 electric bicycle at a motor -
assisted speed greater than 20 miles per hour.
For reference:
Class 1 = pedal assist only tops off at 20 mph and no throttle
Class 2 = throttle and maxes out at 20mph.
Class 3 = Pedal Assist only and tops off at 28mph.
AB 1910 (C. Garcia) Publicly owned golf courses: conversion: affordable housing.
(Reintroduced)
Requires HCD to administer a program to provide incentives in the form of grants to local
agencies that enter into a development agreement to convert a golf course owned by the
local agency into housing and publicly accessible open space. Requires HCD to award
funding in accordance with the number of affordable units a local agency proposes to
construct.
AB 1944 (Lee) Local government: open and public meetings.
Requires all open and public meetings of a legislative body that elects to use
teleconferencing to provide a video stream accessible to members of the public and an
option for members of the public to address the body remotely during the public comment
period through an audio-visual or call-in option. Authorizes a local legislative body to, upon
majority vote, waive Brown Act requirement of publishing their private addresses and
making those addresses accessible to the public.
• AB 2063 (Berman) Density bonuses: affordable housing impact fees.
Prohibits affordable housing impact fees, including inclusionary zoning fees, in -lieu fees,
and public benefit fees, from being imposed on a housing development's density bonus
units.
AB 2097 (Friedman) Residential and commercial development: remodeling,
renovations, and additions: parking requirements. (Reintroduced)
Prohibits local agencies from imposing minimum parking requirements on residential,
commercial, or other development if the development is located on a parcel that is within
one-half mile of public transit. Prohibits these provisions from reducing, eliminating, or
precluding the enforcement of any requirement imposed on a new multifamily or
nonresidential development to provide electric vehicle supply equipment installed parking
spaces or parking spaces that are accessible to persons with disabilities.
• AB 2630 (O'Donnell) Housing: California Interagency Council on Homelessness:
report.
Requires each city, county, and city and county that has used funds from any source to
assist in addressing homelessness to submit a report to the California Interagency Council
on Homelessness providing specified information.
• AB 2631 (O'Donnell) Government Claims Act.
Authorizes a local government to sue another local government for not addressing the
homelessness crisis within their jurisdiction.
• AB 2647 (Levine) Local government: open meetings.
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Amends the Brown Act's requirements that agendas be available for public inspection at
a public office or location that the agency designates to instead allow them to be posted
on the agency's internet website.
• SB 896 (Dodd) Wildfires: defensible space: grant programs: local governments.
Requires the Department of Forestry and Fire Protection when reviewing applications for
the local assistance grant program, to award a 5 percent scoring bonus to any local
government entity qualified to perform defensible space assessments in very high and
high fire severity zones for using the common platform to report that information.
• SB 897 (Wieckowski) Accessory dwelling units: junior accessory dwelling units.
Increases the maximum height limitation that may be imposed by a local agency on an
accessory dwelling unit from 16 to 25 feet.
SB 1067 (Portantino) Housing development projects: automobile parking
requirements.
Prohibits city a with a population greater than 200,000 from imposing any minimum
automobile parking requirement on a housing development project that is located within
1/2 mile of public transit and that either (1) dedicates 75% of the total units to low- and
very low income households, the elderly, or persons with disabilities or (2) the developer
demonstrates to the local agency that the development would not have a negative impact
on the local agency's ability to meet specified housing needs and would not have a
negative impact on traffic circulation or existing residential or commercial parking within
1/2 mile of the project.
• SB 1079 (Portantino) Vehicles: sound -activated enforcement devices.
Authorizes local jurisdictions to use sound -activated enforcement devices to capture
vehicle noise levels that exceed the legal limits and face any applicable penalties after a
30 -day warning period.
• SB 1100 (Cortese) Open meetings: orderly conduct.
Authorizes members of the legislative body conducting a meeting to remove an individual
for willfully interrupting the meeting, thereby modifying the Brown Act.
State Budget
Throughout the month of February, legislators participated in budget standing and subcommittee
informational hearings on specific provisions contained within the Governor's January budget
framework proposal. During these hearings, committee members heard from Department of
Finance and Legislative Analyst's Office representatives, as well as other relevant stakeholders,
to learn more about the implementation of proposed funding programs and how they could be
improved. Each of the hearings were informational in nature and did not contain action items that
would immediately alter the existing budget framework. Prior to the May budget revision,
negotiations and hammered -out budget policies will materialize — which will reflect consensus
between the Administration and the Legislature.
The nonpartisan Legislative Analyst's Office released several succinct analyses of various
aspects of the Governor's budget proposal, which include assessments of proposed expenditures
and issues for legislative consideration. Budget committee hearings will continue into the month
of March before the Legislature shifts into agenda -heavy policy committee schedules to consider
and take action on bills.
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In addition to the steady pace of budget informational hearings, in February the Governor signed
a handful of budget items into law marked for "early action" — meaning funds would be made
available immediately. These early action items included the following:
SB 113 (Committee on Budget and Fiscal Review) Economic relief. COVID-19
pandemic.
This measure transfers $150 million into the California Emergency Relief Fund to fund
remaining eligible waitlisted grant applicants from last year's California Small Business
COVID-19 Relief Grant Program. Additionally, the measure restores the net operating loss
(NOL) deduction and lifts the cap on business incentive tax credits that were suspended
and capped in the 2020-21 budget.
SB 114 (Committee on Budget and Fiscal Review) Employment: COVID-19:
supplemental paid sick leave.
This measure provides 80 hours of paid Covid-19 leave for covered employees working
for an employer with over 25 employees. The previous law requiring coverage (SB 95,
Statutes of 2021) expired Sept. 30, 2021. SB 114 mirrors the provisions included in the
previous law, with two notable changes, which include the following additional qualifying
cases for taking paid sick leave time:
o Attending an appointment to receive a COVID-19 vaccine or a vaccine booster for
the employee's family member; or
o Caring for a family member who has symptoms from a COVID-19 vaccine or a
vaccine booster.
SB 115 (Skinner) Budget Act of 2021.
This measure amends the language contained within the 2021 Budget Act to provide for
the immediate disbursement of funds marked for early action. This includes $1.9 billion
from the General Fund to the California Emergency Relief Fund for COVID-19 mitigation,
which includes increasing testing capacity, enhancing vaccination programs, and
supporting frontline workers. In addition to the new funds for COVID-19 mitigation and
support, the measure allows the state to backfill funds for rental assistance not covered
by federal dollars.
COVID-19 Updates
• California lifts statewide indoor mask mandate - With Omicron cases rapidly declining, this
month the State lifted the universal mask mandate for indoor public spaces on February
15. The original masking mandate was instated December 15, 2020 and was designed to
last until January 15, 2021. However, due to the spike in Omicron cases from the holiday
season, the mandate was extended another month, until February 15.
California to lift all masking mandates for vaccinated individuals and school settings —
Following the State's announcement lifting the indoor statewide masking mandate, on
February 28, the Governor announced the state would lift all masking mandates, including
mandates that apply to school children and school personnel. Beginning March 1, masks
will no longer be required for unvaccinated individuals, but will be strongly recommended
for all individuals in most indoor settings. After March 11, in schools and childcare facilities,
masks will not be required but will be strongly recommended. Masks will still be required
for everyone in high transmission settings like public transit, emergency shelters, health
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care settings, correctional facilities, homeless shelters and long-term care facilities. Local
jurisdictions may have additional requirements beyond the state guidance.
Legislation introduced to mandate vaccines for employees of all businesses – This month,
Assembly Members Wicks, Aguiar-Curry, Low, and Akilah Weber introduced AB 1993,
which mandates vaccines for workplaces (for both employees and independent
contractors) and requires employers to verify that their workers are immunized. New hires
would need to have at least one shot by their first day — and the second within 45 days.
Exemptions are made for persons ineligible to receive a COVID-19 vaccine due to a
medical condition or disability or who hold a sincerely held religious belief. Assembly
Member Wicks previously considered a similar proposal at the end of the 2021 legislative
session, but ultimately decided to wait. AB 1993 is currently pending referral to the
appropriate legislative policy committee for consideration. It may be heard in committee
as soon as March 13.
Governor unveils "SMARTER" Endemic Phase COVID-19 Plan – This month, Governor
Newsom and various health leaders unveiled the state's endemic strategy plan for COVID-
19. The seven -part strategy – dubbed the "SMARTER" plan – will focus on addressing the
late stages of the pandemic through shots, masks, awareness, readiness, testing,
education, and Rx medication treatments (with each of the first letters of the words
arranged in the acronym SMARTER). The strategy will use the $1.4 billion in early action
budget funds to bolster pandemic mitigation actions.
Governor Rolls Back All but 5 Percent of COVID Executive Orders – This month, Governor
Newsom announced his action to lift all but 5 percent of COVID-19 related executive order
provisions, while maintaining the State of Emergency. The remaining provisions include
maintaining California's nation -leading testing and vaccination programs and protecting
hospital and health facility capacity, key components of the state's SMARTER Plan to
guide California's evolving pandemic response.
Altogether, Newsom has issued 561 executive actions, specific legal waivers or directives
contained within his executive orders, since the start of the pandemic. He has since
rescinded all but 82. The order lifts 52 of those remaining executive provisions by the end
of June. Among the measures he terminated immediately were orders to allow fairgrounds
and other state-owned property to be used for pandemic relief and to direct the state to
distribute COVID stimulus funds, which have already been allocated.
Maintaining the State of Emergency provides for such things as continued Brown Act
flexibility for local agencies. The Governor has not yet released a timeline for which he
plans to end the State of Emergency. It is not unusual for California governors to keep
emergency proclamations open for years in response to disasters like wildfires and
earthquakes.
Legislature to consider ending the COVID state of emergency - This month, Senate pro
Tem Toni Atkins released a statement on a Senate hearing to debate the merits of a
resolution to end California's state of emergency. SCR 5, authored my Senator Melissa
Melendez, is set for the first Senate Governmental Organization Committee hearing of the
year on March 15. The Committee will debate the merits of the resolution and the
implications it will have on California's ability to respond to the COVID emergency. Senator
Melendez introduced an earlier version of the resolution in July 2020, but it died in the
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Senate Rules Committee. If passed by both houses, SCR 5 would effectively end the
current state of emergency without the Governor's input. Certain executive orders, federal
reimbursements, and federal/local agency coordination that correspond to the COVID-19
state of emergency would cease. Additionally, the passage of SCR 5 would limit the
Governor's executive powers within the scope of the declared emergency.
Ballot Initiatives
The month of February saw notable changes to the status of priority ballot measures. These
included:
Amended "The Taxpayer Protection and Government Accountability Act" Receives Title
and Summary- The Attorney General issued title and summary for the California Business
Round Table -sponsored "Taxpayer Protection and Government Accountability Act."
Initiative proponents withdrew a previous version of the initiative language in order to push
forward the initiative's amended language. Following the issuance of title and summary,
proponents can begin signature gathering. They must submit 997,139 valid signatures in
order to qualify for the November 2022 ballot. The Secretary of State's recommended date
to turn in signatures is April 29, 2022. Proponents have not yet passed the 25% signature
gathering threshold.
The Taxpayer Protection and Government Accountability Act would amend the California
Constitution to restrict the ability of the state, local governments, other local agencies, and
the electorate to approve or collect taxes, fees, and other revenues. It would require voter
approval of all state taxes, would further restrict local fee authority by limiting it to the
"minimum amount necessary" to provide government services, and would require voter
approval for local measures such as franchise fees. Its provisions would make it easier to
challenge local revenue measures by increasing the burden of proof on local agencies
while disallowing an agency's characterization of a measure from being considered in
court.
Initiative opponents comprise a coalition of organizations including the League of
California Cities, California Professional Firefighters, AFSCME, SEIU, and the California
Alliance for Jobs.
Proponents withdraw measure that would allow local land use law to override state
housing laws: - Local government proponents withdrew a proposed ballot measure which
would provide that local land use and zoning laws override conflicting state laws. The
Coalition — called "Our Neighborhood Voices" announced that it would set its sights on
qualifying for the November 2024 ballot, after citing challenges associated with COVID-19
and the dramatic sike in the cost of paid signature gathering.
February saw an acceleration of Bipartisan Infrastructure Law implementation, that was passed
in November 2021The historic investments into infrastructure programs are beginning to take
shape through a series of comment periods and the beginning of what will be many new grant
opportunities for states and localities.
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Congress continues to work on the FY22 appropriation package that has been in negotiations
since Summer of 2021. With a third continuing resolution passed earlier this month, Congress
has until March 11th to strike a final deal.
Federal FY22 Appropriations
On February 18, President Biden signed into law another short-term government funding bill,
extending FY21 funding levels through March 11, 2022. This will give Congressional negotiators
the time they need to complete an agreement on FY22 funding.
In early February, House Appropriations Committee Chair Rosa DeLauro and Senate
Appropriations Committee Chairman Patrick Leahy announced a framework agreement had been
reached for Fiscal Year 2022 appropriations. Most members of the House and Senate
Appropriations Committees said they are optimistic about making the March 11 deadline to enact
the 12 -bill spending package. Each of the 12 subcommittees received their topline funding
allocations and negotiations are in full swing. This final agreement will include congressional
earmarks previously vetted by the House and Senate Appropriations Committees.
Status of Earmarks
According to sources on Capitol Hill, the appropriations committees are calling offices to confirm
aspects of earmarks submitted back in 2021. This action indicates that work is proceeding, and
earmarks are in play. Congressional offices have also stated in February that inclusion of
earmarks in the final bill are an "all or nothing" proposition. If an earmark was included in the
House and Senate bills released in 2021, they will make it into the final deal. If negotiations are
derailed and a deal is not struck, earmarks will not advance. Congressional offices are cautiously
optimistic that a deal will be finalized before the March 11 deadline. Some of the most
controversial policy riders have been resolved, and increases in defense spending have been
agreed to, which has allowed the process to move forward following months of delay and
protracted negotiations.
FY23 Appropriations to Begin Soon After Passage of FY22 Bills
Sources on Capitol Hill have indicated that there will be a tight turnaround between passage of a
final FY22 appropriations agreement and the initiation of the FY23 appropriations process. The
House and Senate Appropriations Committees typically begin soliciting input from Members in
February, following the release of the President's budget. But this year President Biden has
delayed the release of his budget until State of the Union Address, scheduled for March 1. That,
combined with the delayed finalization of FY22 appropriations, has led to a late start to the
process. The Appropriations Committees solicited input on funding levels for authorized programs
and language for inclusion in their respective committee reports. It is anticipated that another
round of community project funding and congressional directed spending requests will be
accepted. Appropriators will be eager to get going on the FY23 process with deadlines for
submission of these requests in the House likely coming in mid to late April with Senate deadlines
not far behind.
U.S EPA to Reinstate California's Ability to Regulate Auto Emissions
The Environmental Protection Agency (EPA) is expected to issue a waiver under the Clean Air
Act to allow California to mandate zero -emission vehicles as well as enforce its own limits on
greenhouse gas emissions from vehicle tailpipes. Back in 2013, the EPA granted California a
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similar waiver that allowed the state to implement its Advanced Clean Car Standards. Then in
2019, the Trump Administration declared this void by the Safer Affordable Fuel -Efficient Vehicles
Rule Part One, meant to work towards lowering fuel economy targets nationwide. The Biden
Administration made reversal of this rule to reduce California's authority a priority and to restore
legal power to allow the state to accelerate the transition to electric vehicles. Going forward, this
means California will have the authority to set its own emissions standards as they also work
towards setting regulations to ban the sale of new internal combustion engine cars starting in
2035, although there is discussion of moving this up to 2030. Many Californians and
environmental activists are supportive of this waiver, but some in the auto industry are less
supportive as they believe it will lead to higher costs for automakers and consumers.
Additional COVID Relief Considered
There is debate on Capitol Hill over whether to include additional COVID relief funds in a final
funding agreement. On February 15, the Biden Administration announced they would like to add
$30 billion in COVID-19 spending to the $1.5 trillion government funding package. Although there
are sufficient funds to respond to the pandemic, the Administration has said it wants to continue
to be sufficiently prepared for future outbreaks and variants. The $30 billion would include:
• $18 billion for medical countermeasures (antivirals and vaccines)
• $5 billion for testing
• $3 billion for treatment of the uninsured
• $4 billion to prepare for future variants
There is also discussion of another $500 million for the Center for Disease Control and Prevention
operations. Since COVID cases continue to decline in much of the country, there is skepticism
around adding additional funding for restaurants and other businesses in this proposed COVID
package. The White House does not seem likely to include small business relief to benefit
industries, such as restaurants.
Senate Appropriations Chairman Patrick Leahy (D -VT) is opposed to attaching additional COVID
relief proposals to the current funding bill, in fear that it would derail negotiations. Some
Republican lawmakers are pushing for a disaster aid bill supporting states struck by natural
disasters such as Louisiana, Kentucky, New York, and California, which could be a potential
vehicle for additional COVID aid, should Congress decide to pursue that path.
Senator Padilla's FEMA Wildfire and Response Bill Gains Momentum
On February 2, Senator Alex Padilla's bill to strengthen the Federal Emergency Management
Agency's (FEMA) wildfire preparedness and response efforts advanced out of the Homeland
Security and Governmental Affairs Committee (HSGAC). The legislation will move to the full
Senate for consideration in March.
The measure, FEMA Improvement, Reform, and Efficiency (FIRE) Act (S. 3092) would allow
FEMA to explore ways to pre -deploy resources during a red flag warning similar to how the agency
already does in advance of hurricane warnings. The bill would also require FEMA to prioritize
survivors of disasters when selling portable housing units, thus ensuring survivors have a place
to live during the rebuilding process. Additionally, the legislation would direct FEMA and the
National Academy of Sciences to conduct a study on potential solutions to address the availability
and affordability of wildfire insurance. The bill requires separate studies to be conducted too,
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which include examining gaps in wildfire response and improving how the agencies provides post
disaster housing assistance.
Senator Padilla introduced the Housing for All Act of 2022
On February 25, Senator Padilla introduced the Housing for All Act of 2022. The bill proposes
investments in affordable housing above and beyond what was proposed in the Build Back Better
Act. This includes investments in the National Housing Trust Fund, Housing Choice Vouchers,
and innovative community programs to provide resources to unsheltered populations.
Prospects for the bill are narrow, given the scale and scope of the legislation. However, Sen.
Padilla's efforts may provide a nexus to continue advocating for housing investments in Congress
following the stalled talks around the Build Back Better Act. A companion bill is being introduced
in the House of Representatives, by Representatives Ted Lieu and Salud Carbajal.
President Biden Announces Supreme Court Nominee
President Biden announced he will nominate Ketanji Brown Jackson to the U.S. Supreme Court.
This nomination will be a prime focus of the Senate over the course of the next several weeks,
adding another item to the Senate's already long to-do list. Jackson would bring a unique
perspective to the court as she would be the first former public defender to serve on the court.
She also served in retiring Justice Breyer's chamber as a law clerk. Jackson was confirmed to
the D.C. Circuit last year by a 53-44 vote, obtaining three Republican votes, indicating that her
confirmation is likely.
Bipartisan Infrastructure Law Announcements: National Electric Vehicle Infrastructure
(NEVI) Formula Program Announced
On February 10, the U.S. Department of Transportation and U.S. Department of Energy
announced $5 billion under the new National Electric Vehicle Infrastructure (NEVI) Formula
Program, established within the Bipartisan Infrastructure Law. This is a crucial step to building out
a national electric vehicle charging networking through increasing charging accessibility for all
Americans.
In Fiscal Year 2022, this program will provide states with $615 million under the NEVI program to
create a network of EV charging stations along designated Alternative Fuel Corridors. California's
apportionment for FY22 is $56,789,406 and over the five-year life of the law California is slated
to receive $383,673,792.
In order to access these funds, each state must submit an EV Infrastructure Deployment Plan to
the new Joint Office of Energy and Transportation. This plan must describe how the state will
intends to use its NEVI funds in compliance with Federal Highway Administration (FHWA)
guidance. Another grant program to increase EV charging stations, specifically in rural and
underserved communities, is expected to be announced later this year.
This Deployment plan is expected to build on Alternative Fuel Corridors, which every state has
designated over the past six years. This will serve as the basis for the new EV charging network.
The Joint Office will provide direct technical assistance and support to help states develop their
plans before they are reviewed and approved by the FHWA. The Joint Office also launched a new
website, DriveElectric.gov, with links to technical assistance, data and tools for states, and
careers.
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Application Process Opens for Federal Airport Terminal Program Funding
On February 22, the Federal Aviation Administration (FAA) opened the application to airports to
submit projects for the first $1 billion of the Airport Terminal Program funded by the Bipartisan
Infrastructure Law. This Notice of Funding Opportunity outlines the criteria, and airports are
encouraged to submit their projects as soon as possible with a final deadline of March 28, 2022.
The FAA welcomes projects that:
• Will improve airfield safety through:
o Terminal relocation
o Replace aging facilities
o Increase capacity
o Encourage competition
o Improve energy efficiency (including LEED accreditation standards)
o Increase or improve access to passengers with disabilities and historically
disadvantaged populations
Relocate, reconstruct, repair, or improve an airport -owned air traffic control tower
Eligible airports are those operated by authorities, cities, territories, and tribes within the national
air transportation system.
o Large hub airports will receive up to 55% of the funding
o Medium hub airports will receive up to 15% of the funding
o Small hub airports will receive up to 20% of the total funding
o At least 10% of the funding will go to non -hub and non -primary airports
The Airport Terminal Program will provide a total of $5 billion over five years as one of the three
new aviation programs within the Bipartisan Infrastructure Law.
DOE Establishes Bipartisan Infrastructure Law's $9.5 Billion Clean Hydrogen Initiatives
Within the Bipartisan Infrastructure Law, the Department of Energy has released a request for
comment on two of their clean energy programs. These RFI's will allow stakeholders to inform
the implementation of the newly created Hydrogen programs to be implemented later this year.
The Department is seeking feedback on:
• Hydrogen Hubs Implementation Strategy RFI. Responses are due March 8, 2022, by 5
p.m. Eastern Time.
o The Bipartisan Infrastructure Law includes $8 billion for Regional Clean Hydrogen
Hubs that will create jobs to expand use of clean hydrogen in the industrial sector
and beyond
• Clean Hydrogen Manufacturing, Recycling and Electrolysis RFI. Responses are due
March 29, 2022, by 5 p.m. Eastern Time.
o The Bipartisan Infrastructure Law includes $500 million for Clean Hydrogen
Manufacturing and Recycling Initiatives to support equipment manufacturing and
strong domestic supply chains
Port Infrastructure Development Plan
On February 23, the U.S. Department of Transportation announced the latest funding opportunity
arising out of the new infrastructure law: the Port Infrastructure Development Program (PIDP).
The Maritime Administration (MARAD) is announcing nearly $450 million in newly available grant
funding for port -related projects through the Port Infrastructure Development Program. The
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program is nearly double last year's investment in PIDP — the largest sum for the program in its
history. This is a key component of how the Bipartisan Infrastructure Law will invest a total of $17
billion in ports and waterways.
(� Page 11
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THE TPA WEEKLY ROUND -UP
March 21-25, 2022
STATE LEGISLATIVE UPDATES
State Legislature
Once again, this week featured legislative policy committees with robust agendas. The first round
of policy committees serves as an important benchmark for determining which legislative
proposals will continue through the legislative process and which ones will be amended or fail to
progress.
Because last week marked the deadline for legislators to send in substantive bill amendments to
legislative council, there were hundreds of bill amendments.
Notable amendments from this week include:
AB 1594 (Ting) Firearms: civil suits. (Amended out of Spot form)
Prohibits firearm manufacturers and distributors from offering for retail sale a firearm -
related product that is likely to create a substantial and unreasonable risk of harm to public
health and safety. Authorizes, by July 1, 2023, a person who has suffered harm, the
Attorney General, or specified city or county attorneys to bring a civil action against a
firearm industry member for an act or omission that posed harm to an individual or the
public's safety. Authorizes a court that determines that a firearm industry has engaged in
the prohibited conduct to award various relief, including injunctive relief, damages, and
attorney's fees and costs.
AB 1721 (Rodriguez) California Emergency Services Act: emergency preparedness:
mutual aid: seismic retrofitting soft story multifamily housing.
Establishes the Emergency Medical Services Mutual Aid Program to provide $50 million
in noncompetitive grant funding to local governments for the purpose of acquiring
emergency medical services. Also establishes a $50 million Local Resilience, Emergency
Preparedness, and Mutual Aid Fund to help local governments meet emergency
management, preparedness, readiness, and resilience goals. Additionally establishes the
Seismic Retrofitting Program for Soft Story Multifamily Housing for the purposes of
providing financial assistance to owners of soft story multifamily housing for seismic
retrofitting to protect individuals living in multifamily housing that have been determined to
be at risk of collapse in earthquakes. Transfers $400 million to the fund, annually.
AB 1909 (Friedman) Vehicles: bicycle omnibus bill.
Deletes language that would have prohibited a local agency to ban class 1 and class 2
electric bicycles. Allows local authorities to prohibit the operation of any electric bicycle or
any class of electric bicycle on an equestrian trail or hiking or recreational trail.
AB 1967 (Daly) Housing Accountability Act: transitional and supportive housing.
Authorizes a local agency to require a conditional use permit for transitional or supportive
housing that would have 7 or more residents. Also authorizes a local agency to require a
distance of (unspecified) feet between two or more housing development projects for
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transitional or supportive housing, or between housing development projects for
transitional or supportive housing and a residential care facility or sober living home.
AB 2120 (Ward) Transportation finance: federal funding: bridges.
Requires the California Transportation Commission to annually allocate, at minimum,
certain amounts of federal National Highway Performance Program funds and federal
Surface Transportation Block Grant Program funds to the department for local bridge
repair and replacement projects. Deletes the requirement that federal design standards
be followed, and would instead authorize federal Highway Infrastructure Program funds,
federal National Highway Performance Program funds, and federal Surface
Transportation Block Grant Program funds allocated pursuant to the act to be used for
local bridge project costs only if the local bridge project is consistent with the most recent
edition of specified design standards.
AB 2251 (Calderon) Urban forestry: statewide strategic plan: statewide map.
requires the Department of Forestry and Fire Protection to develop a statewide strategic
plan to achieve a 10% increase of tree canopy cover in urban areas by 2035. The bill
would require the department to submit the plan to the Legislature and the Natural
Resources Agency on or before June 30, 2025. also requires the department to develop
and publish a publicly accessible statewide map of urban forests in urban areas on the
department's internet website on or before June 1, 2024. Requires certain local
governments to provide all available, relevant data relating to urban forests located in the
jurisdiction of the local government to the department for the development of the map.
AB 2179 (Grayson) COVID-19 relief: tenancy.
Extends eviction protections for Californians who are participating in rental assistance
programs until June 30, 2022. Amended to add an urgency clause.
AB 2220 (Muratsuchi) Homeless Courts Pilot Program.
Creates the Homeless Courts Pilot Program, which would remain in effect until January 1,
2027, to be administered by the Judicial Council for the purpose of providing
comprehensive community-based services to achieve stabilization for, and address the
specific legal needs of, chronically homeless individuals.
AB 2237 (Friedman) Transportation planning: regional transportation improvement
plan: sustainable communities strategies: climate goals.
Requires regional transportation improvement programs be consistent with the most
recently prepared sustainable communities strategy of the regional transportation
planning agency or county transportation commission and the state's climate goals.
Requires each regional transportation planning agency or county transportation
commission, on or before December 15, 2025, and biennially thereafter, to submit a report
to the state board determining whether the projects and programs in its most recent
regional transportation improvement program are consistent with its most recently
prepared sustainable communities strategy and the state's climate goals.
AB 2242 (Santiago) Mental Health Services
Amends the involuntary commitment discharge process to ensure all individuals under
exiting holds or a conservatorship receive continuing follow-up treatment plans. Prohibits
a county from discharging an individual from a hold unless the first follow-up appointment,
made in conformance to the detailed treatment plan, is scheduled and the appointment
information has been provided to the individual.
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AB 2291 (Muratsuchi) Mental health services: involuntary treatment.
Requires facilities providing the 72 -hour evaluation and treatment to individuals facing
mental health crises to keep with the person's medical record contact information for an
individual designated by the patient as their medical emergency contact and would require
that facility to develop a continuity of care plan for the person. Requires the facility
performing the care to transmit all information to the County behavioral health director so
the county can reach out to the emergency contact.
AB 2438 (Friedman) Transportation funding: alignment with state plans and
greenhouse gas emissions reduction standards.
Requires agencies utilizing state transportation program -designated dollars to revise the
guidelines or plans applicable to those programs to ensure that projects align with the
California Transportation Plan, the Climate Action Plan for Transportation Infrastructure
adopted by the Transportation Agency, and specified greenhouse gas emissions
reduction standards. Requires that the same standards be applied to the use of Local
Streets and Roads funds.
AB 2755 (Muratsuchi) Right to housing.
Gives California residents a right to housing or shelter and obligates them to use any
housing or shelter made available to them by a city, county, or city and county. Requires
local governments to develop and adopt an annual report that accounts for the number
of unhoused persons within its jurisdiction and an annual plan containing the steps, if
any, it is taking to provide housing or shelter for those individuals.
AB 2830 (Bloom) The Community Assistance, Recovery, and Empowerment
(CARE) Court Program.
This bill will serve as the Assembly's vehicle to enact the CARE Court Program. Senator
Umberg's SB 1338 is the same measure in the Senate. Both bills express intent
language to implement the CARE Court proposal.
ACA 14 (Wicks) the Housing Opportunities for Everyone (HOpE) Act
Dedicates 5% of the State's General Fund revenues to affordable housing and services to
prevent and end homelessness each year for 10 years starting in FY 2024-25.
SB 914 (Rubio) HELP Act.
Enacts the HELP (Homeless Equity for Left Behind Populations) Act, which requires cities,
counties, and continuums of care receiving state funding to address homelessness on or
after January 1, 2023, to take specific steps to ensure that the needs of victim service
providers and survivors of violence, and a gendered analysis of the causes and
consequences of homelessness, are incorporated into homelessness planning and
responses.
SB 932 (Portantino) General plans: circulation element: bicycle and pedestrian
plans and traffic calming plans.
Requires cities to adopt significant bicycle, pedestrian, and traffic calming elements when
they develop and revise their general plans. Requires cities to begin implementing new
plans no later than two years after the next substantive revision of their transportation
elements. Allows a person injured within the right-of-way in a collision with a motor vehicle
to have a cause of action for failure to comply with these provisions against local
governments located within the following counties: Alameda, Contra Costa, Los Angeles,
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Orange, Riverside, Sacramento, San Bernardino, San Diego, San Francisco, and Santa
Clara
Legislative Leaders Move to Extend Rent Relief and Evictions Protections
On Thursday, Assembly Member Tim Grayson amended Assembly Bill 2179 into a new bill that
extends the date on which landlords may initiate eviction proceedings from April 1 to July 1, as
long as an application is submitted by March 31 to a rent relief program. The legislation is
designed to allow struggling tenants and the state another three months to finish sending out
rental relief payments. The measure includes an urgency clause, meaning if it passes, its
provisions will become effective immediately. In response to the new legislation, Legislative
leaders Senate pro Tem Toni Atkins and Assembly Speaker Anthony Rendon released the
following joint statement:
"We need to protect eligible renters who have applied for relief funds, but haven't received them
yet, or who will apply before the March 31 deadline. We made a commitment to those who are in
line and they shouldn't be harmed because of how long the process is taking. That's why AB 2179
will receive quick action in both the Assembly and Senate. "
The state's eviction moratorium is scheduled to expire without intervention on March 31. For the
last two years, lawmakers have negotiated legislation to protect renters against eviction if they
have faced pandemic -related hardship. California received a total of $5.2 billion in federal funds
to establish a rent relief program last year to help alleviate the burden of debt for renters and
landlords. However, these programs have been oversubscribed and backlogged in the distribution
of sought relief payments.
In February, legislators approved an early action budget bill to free up state funds and expedite
the backlog of applications, which also eased restrictions on who could qualify for the relief.
However, legislators say that more needs to be done.
AB 2179 is scheduled to be heard in committee next Monday. Its provisions supersede local
eviction moratoriums and establish more uniform rules for when evictions can start.
Governor Announces New Gas Rebate Proposal
On Wednesday, Governor Newsom unveiled the details of his refund plan to combat the rising
price of gas. The proposal would allocate a total of $11 billion from the State's surplus to deliver
the following:
• $400 debit cards to every CA vehicle owner, which will be distributed via DMV records to
cover those who don't earn enough to pay taxes. Owners of electric vehicles and
individuals who lease cars will also be eligible.
• $750 million to provide three months of free public transit throughout the state.
• Up to $600 million to pause the diesel sales tax for one year; and
• $523 million to pause the gas inflation adjustment, set to become effective July 1, 2022.
This proposal differs from the rebate proposal that Democratic legislators released last week.
That proposal included $400 tax rebates to all tax -paying Californians — regardless of car
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ownership status. Additionally, that proposal did not include a pause on the gas tax inflation
adjustment for the diesel sales tax.
Both proposals will require legislative approval. As of Friday, March 25, proposed implementing
language for either proposal has yet to be released. Whichever version of the gas rebate that
passes will reflect negotiations between the Legislature, Legislative leadership, and the
Administration.
FEDERAL LEGISLATIVE UPDATES
Update on the Future of Build Back Better
Since December when the Build Back Better Act stalled in the Senate, discussions have been
underway to find a path forward for the President's social spending agenda. Senator Joe Manchin
of West Virginia has been the key figure in the discussions. Because Congressional Democrats
are attempting to move the legislation through Congress via the process called budget
reconciliation, they need all 50 Democratic Senators to be in agreement on the bill.
This week, Sen. Manchin told a group of climate activists and energy executives he's open to
supporting revised Build Back Better legislation narrowly addressing three issues: climate change,
prescription drug prices, and deficit reduction. This is the most concrete direction we've seen from
the Senator on what he would support and shows that he is serious about returning to the
discussions on Build Back Better.
Sen. Manchin outlined a deal that includes roughly $500 billion for climate and $1 trillion in new
revenue. But the senator isn't indicating any support for universal preschool or any of the other
care -economy proposals that were included in Biden's initial "human infrastructure" package. And
Manchin is insisting on reducing the deficit with at least half of the revenue from new corporate
taxes, as well as the estimated savings from allowing Medicare to directly negotiate the cost of
prescription drugs.
In February, White House officials discussed how to recast Biden's social spending and climate
plans into a deficit-reduction package, hoping to appeal to Manchin's concerns about inflation.
After the president mentioned lowering the deficit by $1 trillion during his State of the Union
address March 1, Manchin indicated he was open to some additional spending.
U.S. Department of Transportation Announce $2.9 Billion of Bipartisan Infrastructure Law
Grant Funding
This week, Transportation Secretary Pete Buttigieg announced $2.9 billion of funding now
available for major infrastructure projects through a combined Notice of Funding Opportunity
(NOFO). Combining three major discretionary grant programs into one Multimodal Projects
Discretionary Grant opportunity reduces the burden for state and local applicants and increases
the pipeline of "shovel -worthy" projects that are now possible because of the Bipartisan
Infrastructure Law.
The National Infrastructure Project Assistance (MEGA) program was created in the
Bipartisan Infrastructure Law to fund major projects that are too large or complex for traditional
funding programs. The program will provide grants on a competitive basis to support
multijurisdictional or regional projects of significance that may also cut across multiple modes of
transportation. Eligible projects could include highway, bridge, freight, port, passenger rail, and
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public transportation projects of national and regional significance. These could be bridges or
tunnels connecting two states; new rail and transit lines that improve equity and reduce emissions;
and freight hubs integrating ship, train and truck traffic while improving environmental justice. DOT
will award 50 percent of funding to projects greater than $500 million in cost, and 50 percent to
projects greater than $100 million but less than $500 million in cost. The program will receive up
to $1 billion this year alone and be able to provide multi-year funding to projects.
The Infrastructure for Rebuilding America (INFRA) program is an existing competitive
program that will see a more than 50 percent increase in this year's funding due to the Bipartisan
Infrastructure Law. These grants advance the Administration's priorities of rebuilding America's
infrastructure and creating jobs by funding highway, multimodal freight and rail projects. Projects
will improve safety, generate economic benefits, reduce congestion, enhance resiliency, and hold
the greatest promise to eliminate supply chain bottlenecks and improve critical freight movements.
Last year, DOT received over $10 billion of project applications, but could only fund around $1
billion of projects. The Bipartisan Infrastructure Law provides approximately $8 billion for INFRA
over 5 years, of which approximately $1.55 billion will be made available through this NOFO.
The Rural Surface Transportation Grant Program (RURAL) was created in the Bipartisan
Infrastructure Law and will support projects to improve and expand the surface transportation
infrastructure in rural areas to increase connectivity, improve the safety and reliability of the
movement of people and freight, and generate regional economic growth and improve quality of
life. Eligible projects for Rural grants include highway, bridge, and tunnel projects that help
improve freight, safety, and provide or increase access to an agricultural, commercial, energy, or
transportation facilities that support the economy of a rural area. This year alone, DOT will award
up to $300 million in grants through the rural program—part of the $2 billion included in the
Bipartisan Infrastructure Law over five years.
The deadline for applications is 11:59 pm EDT on May 23, 2022, Applicants may find the NOFO,
Frequently Asked Questions, and other helpful resources here.
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April , 2022
The Honorable Laura Friedman
10210 Street Suite 6310
Sacramento, CA 95814
SUBJECT: AB 2097 (Friedman) Notice of Opposition Unless Amended
Dear Assembly Member Friedman:
The City of Tustin (City) regrets to inform you of its oppose unless amended position on AB 2097,
which would prohibit local governments from imposing or enforcing minimum parking
requirements on commercial or residential developments located within a one-half mile walking
distance of public transit.
The City understands that the bill is intended to reduce car dependence, however its provisions
could work to allow developers to dictate minimum parking requirements based on faulty
definitions of what constitutes public transit and would negatively impact the goals of the State's
Density Bonus Law (DBL). The definition of "public transit" the measure uses to define areas
wherein minimum parking requirements would be forgone includes entire bus corridors that do
not feature major transit stops. Restricting minimum parking requirements in areas within a one-
half mile of loosely defined forms of transit will not guarantee that residents or visitors will have
access to ample parking or will utilize public transportation as an alternative.
AB 2097 could also negatively impact the purpose of the State's Density Bonus Law, which often
allows for concessions to reduce parking requirements to be afforded to developers constructing
affordable housing units. Eliminating parking requirements diminishes an important tool the State
and municipalities have in incentivizing developers to produce below-market units for low- and
moderate -income residents.
Establishing minimum parking requirements is a carefully considered process within a larger
undertaking that local governments perform when analyzing projects that meet community needs
and expectations. Establishing a "one -size -fits -all" approach to address something as varying as
parking needs does not take into account community needs or local input. This bill would shift
discretionary power from local governments to public transit agencies and developers, who are not
held accountable by local voters.
For these reasons, the City of Tustin opposes AB 2097 unless amended to address the concerns
above.
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Sincerely,
Austin Lumbard
Mayor
cc: Senator Dave Min
Assembly Member Steven S. Choi, Ph.D.
Tony Cardenas, League of California Cities
League of California Cities, citylettersgcacities.org
Jenn Lowe, Association of California Cities — Orange County
Townsend Public Affairs
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April , 2022
The Honorable Scott Wiener
10210 Street Suite 6630
Sacramento, CA 95814
SUBJECT: SB 922 (Wiener) Notice of Support
Dear Senator Wiener:
The City of Tustin (City) is pleased to inform you of its support for SB 922, which will streamline
CEQA with targeted statutory exemptions for transit and active transportation projects that
significantly advance the state's climate, safety and health goals.
In 2020, recognizing that CEQA is often used by project opponents to stop or delay clean
transportation projects, the Legislature passed, and Governor Newsom signed into law, SB 288
(Wiener), temporarily exempting from CEQA certain clean transportation projects. Under current
law, these CEQA exemptions sunset on January 1, 2023.
In its first six months of implementation, the law has been used to advance critically -needed and
community -supported sustainable transportation projects. Most projects that have used the
exemption to -date are small-scale improvements for walking and biking. SB 922 seeks to eliminate
the sunset and provide greater clarity about how to use the exemption, and which types of projects
are exempt, including projects that:
- Make streets safer for walking and biking.
- Speed up bus service on streets and improve its on-time performance.
- Construct infrastructure or facilities to refuel zero -emissions transit vehicles.
- Expand carpooling.
- Run faster bus service on highways.
- Modernize and build new bus and light rail stations and terminals.
- Support parking policies that reduce drive -alone trips and congestion.
- Improve wayfinding for people using transit, biking or walking.
SB 922 would put in place a statewide movement aimed at building healthy, resilient human and
natural communities. It is for these reasons that the City of Tustin supports SB 922.
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Sincerely,
Austin Lumbard
Mayor
cc: Senator Dave Min
Assembly Member Steven S. Choi, Ph.D.
Tony Cardenas, League of California Cities
League of California Cities, citylettersgcacities.org
Jenn Lowe, Association of California Cities — Orange County
Townsend Public Affairs
City of Tustin Priority State Legislation Matrix
2021-22 California State Legislative Session
Updated 3.24.22
Bill
Bill Summary
Bill Status
Position
Support and
City
Opposition
Advocacy
This bill seeks to address cities' regional housing needs assessments
AB 1445 (Levine)
(RHNA) by requiring cities to consider the impacts of climate change when
Planning and
planning for housing. The bill would add several factors to the RHNA process,
Status: 2/1/22 —
zoning: regional
including emergency evacuation routes, wildfire risk, and other climate
Referred to Senate
Watch
housing need
impacts. The bill would allow for additional factors to be considered when
Committee on Rules
allocation: climate
planning for housing to avoid planning in areas that may be adversely
change impacts.
impacted by climate change, thus giving additional flexibility to local
governments for future housing development requirements.
AB 1595 (Quirk
This bill would allow the California Department of Veterans Affairs (CalVet) to
Status: 1/14/22 —
Silva) — Veterans
design, develop, and construct a state -operated veterans cemetery in Orange
Referred to Assembly
Support
Letter sent
Cemetery, County
County. The County has been coordinating efforts to support this legislation
Committee on Military
3/28/22
of Orange
with various cities.
and Veteran Affairs
This bill would add to the definition of "exempt surplus land," surplus land that
AB 1748 (Seyarto)
is zoned for a density of up to 30 residential units and is owned by a city or
Exempt surplus
county that demonstrates adequate progress in meeting its share of regional
Current Status:
land: regional
housing need in its annual report, as specified, has constructed an adequate
Referred to Corns. on
Watch
housing need
number of housing units to meet its share of regional housing need in the
L. GOV. and H. & C.D.
immediately preceding or current housing element cycle, as specified, or is
designated as prohousing by the department.
Page 1 of 16
AB 1751 (Daly)
Workers'
Extends the sunset for the provisions enacted by SB 1159 (Hill, 2020) to
Current Status:
compensation:
January 1, 2025 instead of January 1, 2023. SB 1159 created a rebuttable
2/10/22 Referred to
Watch
COVID-19: critical
Presumption that illness or death related to COVID-19 is an occupational
Com. on INS.
injury and therefore eligible for workers' compensation benefits.
workers.
AB 1755 (Levine)
Homeowners'
Requires an admitted insurer licensed to issue homeowners' insurance
Current Status: 3/9/22
policies to issue a policy to a homeowner who has hardened their home
Re-referred to Com.
Watch
insurance: home
against fire, regardless of the home's location.
on INS.
hardening.
AB 1795 (Fong)
Open meetings:
Requires state bodies to provide all persons the ability to participate both in-
Current Status:
remote
person and remotely in any meeting and to address the body remotely.
2/18/22 Referred to
Watch
Com. on G.O.
participation.
Prohibits local governments (including charter cities), JPAs, or any other
AB 1850 (Ward)
political subdivision of a state or local government from acquiring unrestricted
Public housing:
housing unless each unit in the development meets specified criteria,
Current Status:
including that the initial rent for the first 12 months post conversion is at least
2/18/22 Referred to
Watch
unrestricted
10% less than the average monthly rent charged for the unit over the 12-
Com. on H. & C.D.
housing.
month period prior to conversion and at least 20% less than the small area
fair market rent.
Page 2 of 16
AB 1857 (C.
Removes the diversion credit for municipal solid waste incinerators and
Current Status:
Garcia) Solid
redefines the practice of incineration as disposal. Requires CalRecycle to
2 Referred to
Watch
waste.
ensure that municipalities are prioritizing zero -waste strategies before
Com.
Com. on NAT. RES.
constructing new incinerators (to meet 1383 diversion requirements).
AB 1859 (Levine)
Expedites outpatient care for persons committed to involuntary detention.
Current Status:
Mental health
Requires a licensed mental health professional to follow up with a previously
2/18/22 Referred to
Watch
services.
detained person no later than 48 hours after release.
Com. on HEALTH.
Page 3 of 16
AB 1883 (Quirk
Requires local governments to complete an inventory of public restrooms
Current Status:
Silva) Public
owned and maintained by the local government, either directly or by contract,
2/18/22 Referred to
Watch
restrooms.
that are available to the general population in its jurisdiction.
Com. on L. GOV.
Removes the prohibition of class 3 electric bicycles on trails, bikeways, bike
AB 1909
lanes equestrian trails, or hiking or recreational trails and removes the
(Friedman)
authority of a local jurisdiction to prohibit class 1 and class 2 electric bicycles
Current Status:
Vehicles: bicycle
on these facilities. Instead authorizes a local authority to prohibit the
3/22/22 Re-referred to
Watch
omnibus bill.
operation of a class 3 electric bicycle at a motor -assisted speed greater than
Com. on TRANS.
20 miles per hour.
Page 4 of 16
AB 1910 (C.
Garcia) Publicly
owned golf Requires HCD to administer a program to provide incentives in the form of Current Status:
grants to local agencies that enter into a development agreement to convert a 3/24/22 From
courses: golf course owned by the local agency into housing and publicly accessible committee: Do pass Watch
conversion: open space. Requires HCD to award funding in accordance with the number and re-refer to Com.
affordable of affordable units a local agency proposes to construct. on L. GOV.
housing.
(Reintroduced)
Requires all open and public meetings of a legislative body that elects to use
AB 1944 (Lee)
teleconferencing to provide a video stream accessible to members of the
Local government:
public and an option for members of the public to address the body remotely
open and public
during the public comment period through an audio-visual or call-in option.
meetings.
Authorizes a local legislative body to, upon majority vote, waive Brown Act
requirement of publishing their private addresses and making those
addresses accessible to the public.
Page 5 of 16
Current Status:
2/18/22 Referred to Watch
Com. on L. GOV.
AB 1945 (Aguiar-
Authorizes HCD to administer the Affordable Disaster Housing Revolving
Curry) Affordable
Development and Acquisition Program to fund the predevelopment expenses,
Current Status:
Disaster Housing
acquisition, construction, reconstruction, and rehabilitation of property to
3/24/22 Coauthors
Revolving
develop or preserve affordable housing in the state's declared disaster areas
revised. From
Watch
that have experienced damage and loss of homes occupied by or affecting
committee: Do pass
Development and
lower income households. Requires HCD to establish an application process
and re-refer to Com.
Acquisition
for community development financial institutions to apply for emergency short-
on APPR.
Program.
term or temporary loans under the program.
AB 2020
Expands the definition of "gravely disabled" for purposes of involuntary
Current Status:
(Gallagher) Mental
commitment. Also defines "gravely disabled" to mean a condition in which a
3/14/22 Re-referred to
Watch
health services:
person has an incapacity to provide informed consent to treatment due to
Com. on HEALTH.
gravely disabled.
anosognosia.
AB 2053 (Lee) The
Creates a California Housing Authority to produce and acquire social housing
Current Status:
Social Housing
developments for the purpose of eliminating the gap between housing
2/24/22 Referred to
Watch
Act.
production and regional housing needs assessment targets.
Com. on H. & C.D.
AB 2062 (Salas)
Establishes a grant program to provide $50,000,000 in grants to local law
Local law
enforcement agencies to incentivize peace officers to work in local law
Current Status:
2/24/22 Referred to
Watch
enforcement hiring
enforcement agencies that are in underserved communities and to live in the
Com. on PUB. S.
grants.
communities that they are serving.
Page 6 of 16
AB 2063 (Berman)
Prohibits affordable housing impact fees, including inclusionary zoning fees,
Current Status:
Density bonuses:
in -lieu fees, and public benefit fees, from being imposed on a housing
3/23/22 In committee:
Watch
affordable housing
development's density bonus units.
Hearing postponed by
impact fees.
committee.
AB 2070 (Bauer -
Kahan) Electrical
corporations: high
Requires an electrical corporation to notify a fire protection district at least 24
Current Status:
fire risk areas: hot
hours before performing specified actions, including the initiation of a
2/24/22 Referred to
Watch
work and
deenergization event within the district's jurisdiction. Subjects an electrical
Com. on U. & E.
deenergization
corporation that fails to provide sufficient notice to a civil penalty of $500.
events: notice
requirements.
Page 7 of 16
AB 2097
(Friedman)
Prohibits local agencies from imposing minimum parking requirements on
Residential and
residential, commercial, or other development if the development is located
Current Status:
commercial
on a parcel that is within one-half mile of public transit. Prohibits these
2/24/22 Referred to
development:
provisions from reducing, eliminating, or precluding the enforcement of any
Homs. L. GOV. and
Watch
remodeling,
requirement imposed on a new multifamily or nonresidential development to
H. & C.DD.
C.D.
renovations, and
provide electric vehicle supply equipment installed parking spaces or parking
additions: parking
spaces that are accessible to persons with disabilities.
requirements.
AB 2211 (Ting)
Finds that a jurisdiction is in a shelter crisis if its number of unsheltered
Current Status:
Shelter crisis:
persons exceeds the national average and streamlines shelters on private
2/24/22 Referred to
Watch
homeless shelters.
land using alternative building codes.
Com. on H. & C.D.
AB 2234 (R. Rivas)
Planning and
Seeks to expedite the local approval of plans and permits by requiring
Current Status:
zoning: housing:
developers to provide full and complete applications for their building permits
2/24/22 Referred to
Watch
and will also require local jurisdictions to promptly respond with any
Corns. on L. GOV. and
post -entitlement
necessary feedback regarding complete applications.
H. & C.D.
phase permits.
Page 8 of 16
AB 2249 (Rubio)
Open meetings:
local agencies:
teleconferences.
Authorizes a local agency to use teleconferencing without complying with
specified teleconferencing requirements if at least a quorum of the members
of the legislative body participates in person from a singular location clearly
identified on the agenda that is open to the public and situated within the local
agency's jurisdiction.
Current Status:
May be heard in 2 From printer.
May b
committee March 19.
Watch
Current law prescribes requirements for the disposal of surplus land by a
local agency. Current law defines "surplus land" for these purposes to mean
land owned in fee simple by any local agency for which the local agency's
governing body takes formal action declaring that the land is surplus and is
AB 2319 (Bonta)
not necessary for the agency's use. Existing law provides that an agency is
Current Status: 3/3/22
Surplus land:
not required to follow the requirements for disposal of surplus land for
R
Referred to Corns. on
former military
" exempt surplus land" except as provided. Current law categorizes as
"exempt
GOV. and H. &
Watch
base land.
surplus land" surplus land that a local agency is transferring to
C. D..
another local, state, or federal agency for the agency's use. This bill would
add to the definition of "exempt surplus land," land that is a former military
base conveyed by the federal government to a local agency, is subject to
certain provisions governing the Alameda Naval Air Station and the Fleet
Industrial Supply Center, and meets other specified conditions.
Current law requires the Department of Housing and Community
Development to maintain on its internet website, an up-to-date listing of all
AB 2357 (Ting)
notices of availability throughout the state. This bill would also require the
Current Status: 3/3/22
Surplus land
department to maintain on its internet website a listing of all entities, including
Referred to Corns. on
Watch
housing sponsors, that have notified the department of their interest in
L. GOV. and H. & C.D.
surplus land for the purpose of developing low- and moderate -income
housing.
Page 9 of 16
AB 2496 (Petrie
Norris) Motor
Vehcthis
expansion e inspection:
expansion
This bill seeks to address loud noise vehicles by proposing changes to the
motor vehicle inspection and maintenance program (Smog Check). The
program is administered by the Department of Consumer Affairs and under
bill, the department will provide an accountable inspection of vehicles
during routine smog checks to look for willful violations of existing Vehicle
Code. Failing this inspection will ensure that these vehicles will not be
registered in the State.
Status: 3/21/22 —
Referred to Committee
on Transportation
Watch
Makes records and information obtained from records maintained by an
AB 2557 (Bonta)
agency or body established by a city, county, city and county, local
Current Status:
Peace officers:
government entity, state agency, or state department for the purpose of
3/10/22 Referred to
Watch
civilian oversight of peace officers subject to disclosure pursuant to the
Coms. on PUB. S. and
records.
California Public Records Act. Requires those records to be redacted only as
JUD..
specified.
Current law requires land retained or transferred for public park and
AB 2625 (Ting)
recreational purposes by a local agency to be developed within 10 years and
Surplus land:
used for at least 25 years, following the retention or transfer for those
public park and
purposes in accordance with the general plan for the city or county in which
Current Status:
recreational
the land is located. This bill instead requires land retained or transferred for
3/14/22 Re-referred to
Watch
purposes:
public park and recreational purposes to be developed within 5 years and
Com. on L. GOV.
development.
used for at least 30 years following the retention or transfer for those
purposes.
Page 10 of 16
AB 2630
(O'Donnell)
Housing:
California
Interagency
Council on
Homelessness:
report.
Requires each city, county, and city and county that has used funds from any
source to assist in addressing homelessness to submit a report to the
California Interagency Council on Homelessness providing specified
information.
Current Status:
3/10/22 Referred to
Com. on H. & C.D..
Watch
AB 2631
Current Status:
(O'Donnell)
Authorizes a local government to sue another local government for not
3/10/22 Referred to
Government
addressing the homelessness crisis within their jurisdiction.
Corns. on L. GOV. and
Watch
Claims Act.
JUD.
AB 2647 (Levine)
Amends the Brown Act's requirements that agendas be available for public
Current Status:
3/10/22 Referred toComs.
Local government:
inspection at a public office or location that the agency designates to instead
on L. GOV. and
Watch
open meetings.
allow them to be posted on the agency's internet website.
JUD.
Page 11 of 16
AB 2650
(Arambula) Public
safety: pools and
spas: drowning
prevention:
informational
materials: home
inspectors.
Current law requires local building code officials to inspect the
construction/remodel of new pools/spas for safety features. This bill extends
these provisions to include inspections on transferred properties with an
existing pool.
Current Status:
3/10/22 Referred to
Corns. on B. & P. and
JUD.
Watch
Current Status:
AB 2668 (Grayson)
Prohibits a local government from determining that a development, including
3/24/22 From
Planning and
an application for a modification, is in conflict with the objective planning
committee: Do pass
zoning: housing:
standards on the basis that application materials are not included, if the
and re-refer to Com.
Watch
streamlined,
application contains sufficient information that would allow a reasonable
on L. GOV. (Ayes 8.
ministerial
person to conclude that the development is consistent with the objective
Noes 0.) (March 23).
approval.
planning standards.
Re-referred to Com.
on L. GOV.
SB 896 (Dodd)
Requires the Department of Forestry and Fire Protection when reviewing
Current Status:
Wildfires:
applications for the local assistance grant program, to award a 5 percent
3/10/22 Read second
defensible space:
scoring bonus to any local government entity qualified to perform defensible
time and amended. Re-
Watch
grant programs:
space assessments in very high and high fire severity zones for using the
referred to Com. on
local governments.
common platform to report that information.
APPR.
Page 12 of 16
SB 897
(Wieckowski)
Current Status:
Accessory
Increases the maximum height limitation that may be imposed by a local
3/24/22 From
dwelling units:
agency on an accessory dwelling unit from 16 to 25 feet.
committee: Do pass
Watch
and re-refer to Com.
junior accessory
on GOV. & F.
dwelling units.
The California Environmental Quality Act (CEQA) exempts bicycle
SB 922 (Wiener):
transportation plans, including restriping of streets and highways, bicycle
California
parking and storage, signal timing to improve street and highway intersection
Status: 3/16/22 — Re -
Environmental
operations, and related signage for bicycles, pedestrians, and vehicles until
referred the Senate
Quality Act:
January 1, 2030. This bill would extend the exemption indefinitely and repeal
e
Committee
Watch
Exemption:
the requirement that the bicycle transportation plan is for an urbanized area
Environmental Quality
Transportation-
and would extend the exemption to an active transportation plan or
Related Projects
pedestrian plan, or to a feasibility and planning study for active transportation,
bicycle facilities, or pedestrian facilities.
SB 930 (Wiener)
Current Status:
Housing
Authorizes HCD to resolve ambiguities in the Housing Accountability Act by
2/16/22 Referred to
Watch
Accountability Act.
issuing standards and definitions.
Com. on HOUSING.
SB 948 (Becker)
Shifts the responsibility to hold a certain amount of money in "transition
Current Status:
Housing finance
reserves" from the individual project level to a pooled reserve model
3/24/22 From
programs:
operated by the Department of Housing and Community Development to
committee: Do pass
Watch
development
mitigate the impacts on tenant rents from the loss or exhaustion of rental or
and re-refer to Com.
reserves.
operating subsidies.
on APPR
Page 13 of 16
SB 953 (Min) Oil
Current Status:
and gas leases:
3/10/22 March 22 set
state waters: State
Bans all offshore drilling in CA by 2023.
for first hearing
Watch
Lands
canceled at the
Commission.
request of author.
Prohibits ABC from denying the issuance of a retail alcohol license solely on
SB 980 (Wiener)
the basis that the premises are located within 100 feet of a residence and
Current Status:
Alcoholic beverage
prohibits the department from maintaining a presumption that the issuance of
2/23/22 Referred to
Watch
licenses.
a retail license for a premises located within 100 feet of a residence would
Com. on G.O.
interfere with the quiet enjoyment of the property.
SB 1067
Prohibits city a with a population greater than 200,000 from imposing any
(Portantino)
minimum automobile parking requirement on a housing development project
Housing
that is located within 1/2 mile of public transit and that either (1) dedicates
development
75% of the total units to low- and very low income households, the elderly, or
Current Status:
projects:
persons with disabilities or (2) the developer demonstrates to the local
3/22/22 Set for hearing
Watch
agency that the development would not have a negative impact on the local
March 31.
automobile
agency's ability to meet specified housing needs and would not have a
parking
negative impact on traffic circulation or existing residential or commercial
requirements.
parking within 1/2 mile of the project.
SB 1079
Current Status:
(Portantino)
3/22/22 VOTE: Do
Vehicles: sound-
Authorizes local jurisdictions to use sound -activated enforcement devices to
pass as amended, but
activated
capture vehicle noise levels that exceed the legal limits and face any
first amend, and re-
Watch
enforcement
applicable penalties after a 30 -day warning period.
refer to the Committee
devices.
on [Judiciary] (PASS)
Page 14 of 16
SB 1100 (Cortese)
Open meetings:
orderly conduct.
Authorizes members of the legislative body conducting a meeting to remove
an individual for willfully interrupting the meeting, thereby modifying the Brown
Act.
Current Status:
3/22/22 Set for hearing
April 5.
Watch
Existing law requires local governments to adopt or review the environmental
SB 1117 (Becker)
justice element, or the environmental justice goals, policies, and objectives in
Current Status:
General plans:
other elements, upon the adoption or next revision of 2 or more elements
3/24/22 Set for hearing
Watch
environmental
concurrently on or after January 1, 2018.This bill instead requires local
April 19.
justice element.
governments to adopt or review the environmental justice element upon the
adoption or next revision of one or more elements.
Current law prohibits a local agency's accessory dwelling unit ordinance from
Current Status:
SB 1292 (Stern)
imposing a setback requirement of more than 4 feet from the side and rear lot
3/22/22 March 24 set
Accessory
lines for an accessory dwelling unit. This bill removes the prohibition on a
for first hearing
Watch
dwelling units:
local agency's accessory dwelling unit ordinance, and instead provides that
canceled at the
setbacks.
the rear and side yard setback requirements for accessory dwelling units may
request of author..
be set by the local agency.
Page 15 of 16
SB 1464 (Pan) Law
Current Status:
enforcement:
3/22/22 March 30 set
Requires local law enforcement officers to enforce public health orders.
for first hearing
Watch
public health
canceled at the
orders.
request of author.
Requires, by January 1, 2024, the State Department of Public Health, in
SB 1154 (Eggman)
consultation with the State Department of Health Care Services and the State
Facilities for
Department of Social Services, and by conferring with specified stakeholders,
mental health or
to develop a real-time, internet-based database to collect, aggregate, and
Current Status:
substance use
display information about beds in inpatient psychiatric facilities, crisis
3/22/22 Set for hearing
Watch
stabilization units, residential community mental health facilities, and licensed
March 30.
disorder crisis:
residential alcoholism or drug abuse recovery or treatment facilities in order to
database.
facilitate the identification and designation of facilities for the temporary
treatment of individuals in mental health or substance use disorder crisis.
Page 16 of 16