HomeMy WebLinkAbout05 LEGISLATIVE UPDATEDocuSign Envelope ID: F5AAB750-D243-4FB0-A521-EE7F836FBF11
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AGENDA •
RTS
Agenda Item 5
Reviewed: DS
City Manager
Finance Director N/A
MEETING DATE: MAY 17, 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 a SUPPORT IN CONCEPT position on AB 1830 (Seyarto) Planning and
zoning: housing element: rezoning of sites
2. Take an OPPOSE UNLESS AMENDED position on AB 2011 (Wicks) Affordable
Housing and High Road Jobs Act of 2022
3. Take a SUPPORT position on AB 2496 (Petrie -Norris) Motor vehicle inspection
and maintenance program: expansion
4. Receive and file the updated legislative matrix as of May 4
5. 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 April that is
attached to the staff report.
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Agenda Report — Legislative Update
May 17, 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 1830 (Seyarto) Planning and zoning: housing element: rezoning of sites
- Summary: Extends the one-year deadline to complete this rezoning of sites, for a
local government that has failed to adopt a housing element found to be in
substantial compliance, to one year and 6 months for the first instance that the
requirement applies.
- Recommended Position: Support in Concept
- Correlation to Legislative Platform: Guiding Principle #1; Policy Statements #2,
#14,#15,#16,#17,#23
AB 2011 (Wicks) Affordable Housina and Hiah Road Jobs Act of 2022
- Summary: Allows residential housing to be built by right in infill areas currently
zoned for only office, retail, and parking uses.
- Recommended Position: Oppose Unless Amended
- Correlation to Legislative Platform: Guiding Principle #1; Policy Statements #2,
#10,#12,#14,#23
AB 2496 (Petrie -Norris) Motor vehicle inspection and maintenance program: expansion
- Summary: Requires a court to notify the Department of Motor Vehicles (DMV) to
place a registration hold on a vehicle found to have a noncompliant modified
muffler of muffler installed with a whistle tip until the court has been presented with
a certificate of compliance from a referee authorized to test the decibel levels of a
vehicle.
- Recommended Position: Support
- Correlation to Legislative Platform: Policy Statements #47, #48
Legislative Tracking Matrix
Attached is a legislative tracking matrix as of May 4 that tracks bills of interest as well as
bills tracked by the League of California Cities (LOCC), the Municipal Water District of
Orange County (MWDOC) and other state and local associations. The matrix is sorted by
bill category.
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Agenda Report — Legislative Update
May 17, 2022
Page 3
Attachments:
- TPA April 2022 Update
- Draft AB 1830 letter
- Draft AB 2011 letter
- Draft AB 2496 letter
- Legislative matrix as of May 4
- 2022 Legislative Platform
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T W N S E N D
TPA
MEMORANDUM
To: City of Tustin
From: Townsend Public Affairs
Date: May 3, 2022
Subject: April Monthly Report
The month of April saw amendments to hundreds of bills, numerous budgetary developments,
and the Legislature working to consider and pass bills with identified fiscal impacts through the
policy committee process prior to the Joint Rules deadline. Below is an overview of notable
legislative happenings from the month of April.
State Legislature
During the final week of April, legislators raced to consider bills prior to the April 29 deadline for
policy committees to hear and report all fiscal bills introduced in their house of origin. As the vast
majority of bills are keyed fiscal, policy committees have heard hundreds of bills over the last few
months. Bills that are keyed fiscal and do not receive a policy committee hearing prior to the
deadline are deemed inactive for the remainder of the Legislative Session. Bills that did not meet
the fiscal deadline include Assembly Member Santiago's AB 1976, which would have subjected
all cities and counties in the Southern California Association of Governments (SCAG) that have
not rezoned to accommodate 100 percent of the need for housing for very low- and lower-income
households to $10,000 per -day fine, or HCD would complete the rezoning on behalf of the
jurisdiction.
Notable bill amendments from April include the following, organized by issue area:
Housing and Land Use
• AB 1791 (Nazarian) Rent control: local ordinances: residential units.
Prevents the application of rent control limitations on local rent control measures where
the property is owned by an applicable large business, defined as a business entity that
owns 10 or more single-family residential properties and has annual gross receipts of $1
billion or more.
• AB 1830 (Seyarto) Planning and zoning: housing element: rezoning of sites.
Extends the one-year deadline to complete this rezoning of sites, for a local government
that has failed to adopt a housing element found to be in substantial compliance, to one
year and 6 months for the first instance that the requirement applies.
• AB 2011 (Wicks) Affordable Housing and High Road Jobs Act of 2022
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Allows residential housing to be built by right in infill areas currently zoned for office, retail,
and parking uses. Requires developers to meet a range of possible wage and training
standards, including prevailing wage on all projects, health benefits for developments of
50+ units, and utilize contractors that have completed state -approved apprenticeship
programs.
• AB 2063 (Berman) Density bonuses: affordable housing impact fees.
Prohibits local governments from imposing impact fees on density bonus units. Amended
to remove the prohibition of imposing public benefit fees, therefore only applying to impact
fees, including inclusionary zoning fees and in -lieu fees.
AB 2630 (O'Donnell) Housing: California Interagency Council on Homelessness:
report.
Requires each city and county that has used state funds from any source to assist in
addressing homelessness to create a report detailing the use of funds and their
impact. Amended to require that each report also be published on the City's internet
website. Amended to delete the requirement that the reports be submitted to the California
Interagency Council on Homelessness.
• AB 2653 (Wicks) Planning and Zoning Law: housing elements.
Authorizes the Department of Housing and Community Development to reject the housing
element portion of an annual report if the report is not in substantial compliance with RHNA
requirements. If the department rejects the housing element portion of an annual report,
the bill requires the department to provide the reasons for the rejection in writing.
SB 897 (Wieckowski) Accessory dwelling units: junior accessory dwelling units.
Makes numerous changes to existing ADU law - including requiring local governments to
allow ADUs to be constructed with a height of up to 25 feet. Amended to restrict the scope
of the 25 ft height increase to units within a 1/2 mile walking distance of a major transit
stop or a high-quality transit corridor, or if the accessory dwelling unit is attached to a
primary dwelling.
SB 1094 (Becker) Local planning.
Authorizes to include in the portion of its report detailing the number of net new units of
housing single -room occupancy units and nontraditional housing units that were
developed in previous housing element planning periods if those units are subject to
authorization by the department and were not counted in previous reports.
SB 1067 (McGuire) Housing development projects: automobile parking
requirements.
Prohibits a local government from imposing any minimum automobile parking requirement
on a housing development project that is located within 1/2 mile of public transit. Recent
amendments authorize a local government to impose or enforce minimum automobile
parking requirements on a housing development project if the local government
demonstrates to the developer, within 30 days of the receipt of a completed application,
that the development would have a negative impact, supported by a preponderance of the
evidence, on the local government's ability to meet its share of specified housing needs
or existing residential or commercial parking within 1/2 mile of the housing development.
Creates an exception from the above-described provision if the development either
dedicates a minimum of 20% of the total number of housing units to very low, low-, or
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moderate -income households, students, the elderly, or persons with disabilities or
contains fewer than 20 housing units. Additionally, adds a violation of the minimum
automobile parking requirements of housing development projects to the list of laws that,
when violated, require the department to notify the jurisdiction and authorize the Attorney
General to bring an action to enforce state law.
Community Services
SB 965 (Eggman) Conservators hips: medical record: hearsay rule.
Gut & Amended to amend existing law related to hearsay rules for court proceedings. For
purposes of an expert witness in any proceeding relating to the appointment or
reappointment of a conservator, the statements of specified health practitioners or a
licensed clinical social worker included in the medical record are not to be considered
hearsay. The bill authorizes the court to grant a reasonable continuance if an expert
witness in a proceeding relied on the medical record and the medical record has not been
provided to the parties or their counsel upon request within a reasonable time before the
proceeding.
SB 1035 (Eggman) Mental health services: assisted outpatient treatment.
Authorizes a court to conduct status hearings with a person receiving county -sponsored
behavioral health treatment and their treatment team to receive information regarding
progress related to the categories of treatment listed in the treatment plan and authorize
the court to inquire about medication adherence. Also requires the director of the
outpatient treatment program to also report to the court on adherence to prescribed
medication.
• SB 1238 (Eggman) Behavioral health services: existing and projected needs.
Gut & Amended to require the State Department of Health Care Services commencing
January 1, 2024, and at least every 5 years thereafter, to conduct a review of the current
and projected behavioral health care infrastructure and service needs in each region of
the state. Requires local governments to provide specified data for the region.
Environmental Quality
SB 852 (Dodd) Climate resilience districts: formation: funding mechanisms.
Authorizes a city, county, city and county, special district, or a combination of those entities
to form a climate resilience district for the purposes of raising and allocating funding for
eligible projects that address climate change impacts. Amended to deem each district to
be an enhanced infrastructure financing district (EIFD) and requires newly formed districts
to follow existing EIFD law.
Governance and Transparency
AB 1944 (Lee) Local government: open and public meetings.
Allows members of a local legislative body, upon majority vote, to waive the Brown Act
requirements of publishing their private address on the meeting agenda and making
addresses open to members of the public. Amended to require the agenda to identify any
member of the legislative body that will participate in the meeting remotely. Amended to
also require an updated agenda reflecting all of the members participating in the meeting
remotely to be posted, if a member of the legislative body elects to participate in the
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meeting remotely after the agenda is posted. Authorizes a member of the legislative body
to not disclose the address of their teleconference location under specified circumstances,
such as if the member elects to teleconference from a location that is not a public place.
Adds a 2030 sunset.
AB 2647 (Levine) Local government: open meetings.
Clarifies that material distributed to a majority of a local legislative body less than 72 hours
before a meeting can be posted online to satisfy the requirements of the Brown Act.
Amended to require that the local agency make physical copies available for public
inspection, beginning the next regular business hours for the local agency, at a public
office or location that the agency shall designate for this purpose.
SB 1100 (Cortese) Open meetings: orderly conduct.
Allows a local governing board to warn and remove participants who willfully interrupt
meeting proceedings. Amended to require removal to be preceded by a warning by the
presiding member of the legislative body that the individual is disrupting the proceedings,
a request that the individual curtail their disruptive behavior or be subject to removal, and
a reasonable opportunity to curtail their disruptive behavior.
Public Safety
AB 2210 (Quirk) Cannabis: state temporary event licenses: venues licensed by the
Department of Alcoholic Beverage Control: unsold inventory.
Prohibits the Department of Cannabis Control from denying an application for a state
temporary event license solely on the basis that there is a license issued pursuant to the
Alcoholic Beverage Control Act for the proposed premises of the event. The bill would
prohibit the Department of Alcoholic Beverage Control from taking disciplinary action
against a person licensed pursuant to the Alcoholic Beverage Control Act on the basis of
a state temporary event license issued by the DCC to a licensee that utilizes the same
premises. Prohibits the sale of alcohol on the premises until 6am the next morning.
AB 2258 (Wood) Local government: wildfire safety improvements.
Authorizes local agencies to finance wildfire safety improvements to structures in
designated very high or high fire hazard severity zones. Removes the requirement that
wildfire safety improvements be made to existing real property and authorizes a voluntary
contractual assessment for wildfire safety improvements to be used to acquire or construct
wildfire safety improvements in connection with the rebuilding or reconstruction of property
if the wildfire safety improvements are in addition to or an improvement to the property as
it existed immediately prior to the destruction or damage to the property by fire.
AB 2889 (Wicks) Wildfire mitigation plans: electrical infrastructure: hardening.
Requires each electrical corporation to prepare and submit to the Office of Energy
Infrastructure Safety a multiyear wildfire mitigation plan, covering at least 7 years and not
more than 10 years that includes, among other things, a methodology for identifying and
prioritizing circuits for mitigation based on wildfire risk reduction, public safety, and
reliability benefits, and a comparison of undergrounding versus aboveground hardening
of electrical equipment.
(This bill serves as a companion to Senator McGuire's SB 884, which creates a voluntary
program for large electrical utilities to accelerate undergrounding of their distribution
infrastructure in exchange for certain streamlining and other benefits.)
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SB 1186 (Wiener) Medicinal Cannabis Patients' Right of Access Act.
Prohibits regulations that unreasonably restrict the operating hours or the number or
frequency of retail sale by delivery within a local jurisdiction of medicinal cannabis
businesses. Amended to make provisions operative after 2024.
Transportation
AB 2237 (Friedman) Transportation planning: regional transportation improvement
plan: sustainable communities strategies: climate goals.
Prohibits local and regional transportation planning agencies and entities from funding
transportation projects not aligned with the state's climate goals or most recent
Sustainable Community Strategy. Amended to require planning agencies to rank and
prioritize project based on adherence to sustainable communities strategies. Amended to
require each regional transportation planning agency or county transportation commission
to submit a report on local transportation tax measures to the California Transportation
Commission. Requires the Commission and the state board to exercise oversight in
requiring tax -funded transportation projects adhere to the state's climate goals.
State Budget
Legislative Analyst's Office (LAO) Revises State Revenue Proiections Ahead of May Revise — On
April 20, the LAO revised its update on the state's "big three" tax revenue projections, which are
comprised of personal income, sales, and corporation taxes. The revision reports that the State
will significantly exceed the Governor's Budget revenue assumption from January of $185 billion
in 2021-22, predicting somewhere between $33 billion and $39 billion in unanticipated revenue.
These projections, coupled with the operating surplus funds, could end up being as high as $68
billion in additional revenue.
Despite this massive revenue growth, the LAO cautions that the implications of unanticipated
revenues for the state's budget are not straightforward, and that the state should anticipate
significant spending constraints due to the requirements of the State Appropriations Limit (SAL).
Having reached the Proposition 4 (1979) SAL, each additional dollar of revenue must be allocated
consistent with SAL requirements, generally making them unavailable to fund baseline
expenditures. In addition, the state must allocate its statutorily dedicated percentages of funds
toward education, reserve, and debt payments, consistent with provisions pursuant to
Propositions 98 (1988) and 2 (2014). The LAO estimates that for every dollar of tax revenue above
the SAL, the state faces approximately $1.60 in constitutional funding obligations. This is
expected to materialize into major budget issues during the 2025-26 fiscal year, if not met with
SAL reform or other resilience -enhancing actions.
Senate Releases Budget Priorities — Last month, Senate President pro Tempore Toni G. Atkins
and Senate Budget & Fiscal Committee Chair Nancy Skinner announced the second phase of
the Senate's budget priorities, which will be incorporated into a legislative budget vehicle to begin
the reconciliation process between the Governor's vision for the budget and the Legislature's
vision. Highlights from the updated plan include the following:
• Housing: $2.7 billion for affordable housing and home ownership, including $1 billion for
the California Dream for All program, a new revolving fund for first-time homebuyers to
partner with the state and purchase homes with little or no down payment and reduce
mortgage costs by more than 20 percent.
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• Homelessness: $3 billion, over three years, to build on last year's historic $12 billion two-
year investment, which would include additional funding for Project Homekey, local
funding, and encampment resolutions.
• Mental Health: Expand investments in school-based mental health services, accelerate
implementation of behavioral health treatment beds, and provide funding for financial
incentives to encourage people to enter the behavioral health workforce.
• Climate - $18 billion package to build off of the Governor's January budget which
proposes significant investments in electrical vehicles, abandoned oil well clean up, clean
energy projects and building decarbonization.
More information on the Senate's budget priorities is available here.
Update on Gas Price Relief Proposals
Multiple proposals arose in the past two months to help offset the cost of soaring gas prices, which
included issuing hard -cash rebates to Californians, foregoing the gas tax, and combinations of
both — all by utilizing budget surplus dollars. The push for gas price relief began in January, when
Governor Newsom announced he would be issuing a "gas tax holiday," to forego the gas tax
authorized by SB 1 (Beall, 2017) that funds critical transportation infrastructure projects.
California's gas tax is 51.1 cents per gallon, the second highest in the nation. It is scheduled to
increase slightly for inflation on July 1. Governor Newsom initially proposed pausing the increase
for one year. Legislative leaders emerged in opposition to the Governor's proposal to issue a gas
tax holiday, citing concerns with the loss of funds dedicated toward transportation infrastructure
projects and the political feasibility of reinstating the tax after the "holiday" period.
In addition to the Governor's proposed pause on the gas tax, the Administration also developed
a plan to offer $400 debit cards to every CA vehicle owner, to be distributed via DMV records to
ensure every driver receives some relief, even those who don't earn enough to pay taxes.
Additionally, the proposal includes funds to subsidize three months of free public transit
throughout the state. Ultimately, the Governor's proposal reflects a push to offer rebates to both
lower income and middle-class individuals — a group, he says, was largely excluded from rebates
issued throughout the course of the pandemic. This proposal currently has implementing trailer
bill language, which will need to be considered and passed by the Legislature to go into effect.
In response to the Governor's proposal to push forward a package of rebates and a pause on the
gas tax, Legislators created two additional proposals to issue rebates. Legislative leaders
Assembly Speaker Rendon and Senate pro Tem Atkins propose issuing $200 rebates per
taxpayer and dependents in households earning less than $250,000 annually. This proposal has
not yet been incorporated into a legislative vehicle, but it is likely to materialize into budget trailer
legislation after the May Revision of the budget.
A democratic caucus effort led by Assembly Member Petrie -Norris proposes issuing $400 rebates
to all taxpayers, regardless of car ownership status. The proposal materialized into Assembly Bill
1616, which failed to move through the legislative process pursuant to the fiscal bill referral
deadline on April 29. The vehicle is dead; however, it is possible that the language could be
amended into an active vehicle in the coming weeks.
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As for the pause on the gas tax, the Administration advises that the window to implement
has passed. In order to stop the gas tax's inflation adjustment from taking effect on July 1,
lawmakers would have needed need to pass legislation by May 1 as an early -action budget item,
according to the Administration. The May 1 timeline represents the minimum 60 -day lead time for
such a measure to be administratively implemented.
In total, four proposals emerged to help offset high gas prices:
1. Governor Newsom proposed foregoing gas tax and issuing $400 rebates to car owners,
plus free transit throughout the state for 3 months.
2. Senate and Assembly Leaders proposed $200 rebates to taxpayers/dependents in
households earning less than $250,000.
3. AB 1616 would issue $400 rebates to all taxpayers, regardless of car ownership status,
no gas tax holiday.
4. Republicans proposed foregoing gas tax for 6 months, no rebates
"CARE Court" Proposal Progresses Through the Legislature
On March 3, 2022, Governor Newsom unveiled his CARE (Community Assistance, Recovery,
and Empowerment) Court proposal framework, which would offer court-ordered individualized
interventions and services, stabilization medication, advanced mental health directives, and
housing assistance to individuals struggling with behavioral health crises. Plans would last
anywhere up to 12-24 months. In addition to their full clinical team, the client -centered approach
also includes a public defender and a supporter to help individuals make self-directed care
decisions.
County behavioral health departments would be responsible for carrying out the care plans. Those
who don't comply with their plans could be subject to California's existing system of involuntary
hospital stays and conservatorships. Such programs have been in place since the 1960s,
following the state's shift away from mental health hospitals and toward community -oriented care.
Since California dismantled the hospital system, the state has primarily made use of the
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Foregoes this year's
$400 to each vehicle
Governor's
scheduled gas tax
owner, plus free public
$11 billion
Rebate Plan
increase, backfills with
transit for 3 months
surplus
Legislative
$200 to taxpayers and
Leadership
Does not affect the gas
dependents in
$6.8 billion
Rebate Plan
tax
households earning less
than $250,000
Democratic
Caucus
Does not affect the gas
$400 to each tax -paying
$9 billion
Rebate Plan
tax
Californian
Republican
Legislator
Suspends the full gas
None
$4.04 billion
Gas Tax Plan
tax for six months
"CARE Court" Proposal Progresses Through the Legislature
On March 3, 2022, Governor Newsom unveiled his CARE (Community Assistance, Recovery,
and Empowerment) Court proposal framework, which would offer court-ordered individualized
interventions and services, stabilization medication, advanced mental health directives, and
housing assistance to individuals struggling with behavioral health crises. Plans would last
anywhere up to 12-24 months. In addition to their full clinical team, the client -centered approach
also includes a public defender and a supporter to help individuals make self-directed care
decisions.
County behavioral health departments would be responsible for carrying out the care plans. Those
who don't comply with their plans could be subject to California's existing system of involuntary
hospital stays and conservatorships. Such programs have been in place since the 1960s,
following the state's shift away from mental health hospitals and toward community -oriented care.
Since California dismantled the hospital system, the state has primarily made use of the
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Lanterman-Petris-Short Act and Laura's Law to care for people who suffer from severe mental
illnesses. According to an October 2021 Department of Health Care Services report, only 218
people received treatment through Laura's Law during the 2018-19 fiscal year — a statistic that
many supporters of the program have referenced as an example for new programming.
Since releasing the CARE Court framework, Governor Newsom championed it as his top priority
for the 2022 Legislative Session and budget cycle. He convened CARE Court Roundtables
throughout the state with relevant stakeholders to engage in negotiations prior to the release of
the legislative bill text.
The implementing language for the proposal emerged in the form of two bills - AB 2830 from
Assemblyman Richard Bloom, (D -Santa Monica), and SB 1338 from Senator Susan Eggman, (D -
Stockton), and Senator Thomas Umberg, (D -Santa Ana).
As both bills moved through their respective policy committee processes in each house, it
appeared that the Assembly's version, AB 2830, was facing issues with the opposition, which
included Disability rights advocates, the ACLU, and other civil rights organizations that saw issues
with the involuntary commitment aspect of the program. The second policy committee hearing for
the bill was cancelled by the author on April 22. Thus, SB 1338 has emerged as the viable vehicle
to implement the program.
Despite AB 2830's failure to progress, this month SB 1338 cleared its first house policy committee
hurdles. SB 1338 passed the Senate Judiciary and Health Committees last week with unanimous
approval. It will move to the Senate Appropriations Committee for consideration. If passed by the
Appropriations Committee, it will move to the Senate floor before moving to the second house.
Cal/OSHA Readopts COVID-19 Emergency Temporary Standard
On April 21, the California Occupational Safety and Health Standards Board (Cal/OSHA) voted
6-1 to readopt the COVID-19 Prevention Emergency Temporary Standard (ETS). The readopted
ETS makes several changes to the current ETS and will become effective May 6. Changes
include:
• Eliminates the requirement that face coverings pass the "light test" (i.e. does not let light
pass through when held up to a light source).
• Further authorizes the use of self-administered and self -read results to meet return to
work requirements.
• Adds a new term, "returned case," which means an individual who returns to work after
testing positive for COVID-19 and did not develop any COVID-19 symptoms after a
return.
• Specifies that employers are not required to make COVID-19 testing available to
returned cases.
While March featured massive progress on the federal appropriations front with the passage of
the $1.5 trillion government spending bill, the month of April saw fewer updates, which can
partially be attributed to the two-week Spring Recess Congress took from April 8 through April 25.
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Despite this, April saw several developments related to spending program updates and the 2023
appropriations process.
Looking Ahead: Congressional Priorities, Midterms Looming Ahead
Following the spring recess in April and with the midterm elections quickly approaching, members
of congress are feeling the pressure to deliver key priorities in the coming weeks. These priorities
include:
• Additional funding for COVID-19 relief,
• Providing relief for Ukraine as they combat Russian aggression,
• Enacting legislation to enhance competition with China and support domestic chip
manufacturing,
• Confirming President Biden's picks for federal agencies and courts.
The Senate will vote on the nominees for the Federal Reserve and Federal Trade Commission,
making up some of the over 100 nominations awaiting action.
House and Senate Appropriations Committee Leaders from both sides of the aisle met last month
to determine potential top -line numbers for fiscal 2023 domestic and defense spending.
Disagreements over top -line funding levels led to a nearly six-month delay in finalizing FY22
funding legislation. Top members of the appropriations committees hope to work out these
differences earlier in the process. Congressional Democrats will want to push for final funding bills
prior to the midterm elections, but Republicans, eyeing gains in the elections, have no incentive
to enact appropriations bills before November.
Both sides of the aisle are aiming to reach a conference agreement on H.R. 4521, the America
COMPETES Act, to boost domestic manufacturing, specifically the semiconductor industry. The
House voted earlier in April and the Senate voted in late April to go to a formal conference on the
bill. Some senators expressed hope that an agreement would be reached before the Fourth of
July, but committee leaders expressed skepticism at that timeline, saying it would more likely take
until August to reach an agreement between the two chambers.
Senate Majority Leader Chuck Schumer (D -NY) wants to continue the discussion of the new
COVID legislation, H.R. 4373, to boost pandemic preparedness. Schumer also wants to revive
the social spending budget plan, after H.R. 5376, the Build Back Better Act, was stalled in the
evenly split Senate over the winter.
President Biden is also asking Congress for supplemental funding to help Ukraine, which is
strongly supported by Senate Minority Leader Mitch McConnell (R -KY) and Republicans in
general.
Lawmakers from both parties are expecting long evening sessions to work out these priorities.
McConnell has required Schumer file cloture in order to head off potential filibuster threats on
even non -controversial measures as he says Republicans are taking a more assertive stance on
nominees, particularly for the judiciary.
Even when there is agreement, conflicting schedules, medical issues, and travel trouble have
postponed the agenda. As long as Democrats are united, they will be able to discharge nominees
from committee, limit debate, and confirm them, although these all take time and the possible
need for an assist from Vice President Kamala Harris.
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COVID-19 Supplemental Appropriations Package
Negotiations continued last month on a bipartisan $10 billion COVID-19 supplemental
appropriations package. The bipartisan bill, championed by Senators Alex Padilla (D -CA) and
John Cornyn (R -TX), provides additional ARPA Fiscal Recovery Fund expenditure flexibility to
local governments. Despite the legislation's bipartisan support, congressional leaders have been
trying to break a weeks -long stalemate centered around the Biden administration's repeal of Title
42, which prevented any unauthorized travel into the U.S. and effectively blocked migrants from
making claims of asylum at the border. The order is set to expire May 23. GOP lawmakers and
some Democrats are demanding consideration of an amendment to the COVID spending bill that
would require the Biden administration to keep the order in place.
Update on Ukraine Aid and Domestic COVID-19 Aid
Congress is poised to take up President Joe Biden's request for additional aid to Ukraine in the
coming weeks. The President's $33 billion request for aid to Ukraine garnered bipartisan support
on Capitol Hill this week, but Democrats' interest in combining it with COVID-19 resources could
complicate its path forward.
According to a White House summary, the $33 billion Ukraine request would include:
• $20.4 billion in military and security aid, including artillery, armored vehicles, landmine
removal, and U.S. troop deployment on NATO territory;
• $8.5 billion in economic aid;
• $3 billion for humanitarian needs including food security; and
• $500 million for U.S. food crops due to shortages.
Biden's request also calls for legislation to streamline the Justice Department's program to go
after Russian oligarchs.
The discussions around Ukraine aid and its possible combination withCOVID-19 aid will be a
major legislative issue during the month of May.
State and Local Fiscal Recovery Fund
Last month, the Treasury published a set of answers to frequently asked questions (FAQ) related
to the State and Local Fiscal Recovery Fund, which was authorized by the American Rescue Plan
Act (ARPA) and provided billions in flexible COVID relief funds to California local
governments. The FAQs, which are designed to help recipients understand and apply the final
rule, addresses many of the questions received by the Department since the rule was released
on January 6, 2022. The FAQs are also designed to assist local governments in submitting their
ARPA Project and Expenditure reports, which were due to the Treasury by April 30. The
Department has also released a Project and Expenditure Report User Guide that provides local
governments with a step-by-step tutorial on the reporting portal.
Federal Judge Halts Mask Mandate for Transportation, DOJ Appeals
Last month, a Florida federal judge struck down a federal mandate requiring mask use on public
transportation and at transportation hubs. At the Centers for Disease Control's (CDC)
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recommendation, the Transportation Security Administration (TSA) on April 13 extended the
requirement for mask use for 15 days through May 3 to help prevent the spread of COVID-19.
But due to the court ruling, TSA released a statement on April 18 that "effective immediately," the
agency would no longer enforce it; TSA noted that "CDC continues to recommend that people
wear masks in indoor public transportation settings at this time." Following the Court order, the
U.S. Department of Justice announced it would appeal the decision in a statement, however, it is
unclear if transit organizations will reinstate the mask mandate after having it repealed.
Water Resources Development Act (WRDA) 2022
This month, progress was made on the Water Resources Development Act (WRDA) of 2022. On
April 29, Senate Environment and Public Works Chairman Tom Carper (D -Del.) announced plans
for his panel to mark up the Water Resources Development Act of 2022 on Wednesday, May 4.
The biannual water resources legislation includes changes aimed to ensure addressing climate
change as well as equity for rural, tribal and underserved communities are prioritized by the Army
Corps of Engineers. Provisions include:
• Making coastal protection and ecosystem restoration primary missions of the Army Corps;
• Authorizing the Army Corps to address repetitive drought conditions;
• Streamlining the process to access federal funding for water development projects for
small, rural, and underserved communities; and
• Creating a STEM program to recruit and train engineers from disadvantaged communities.
The House Transportation and Infrastructure Committee is also eyeing a committee markup in
the coming weeks, potentially the week of May 16.
WRDA is biennial legislation authorizing U.S. Army Corps of Engineers civil works activities.
Historically, most WRDA provisions have focused on USACE's water resource activities;
however, some provisions have addressed the agency's regulatory responsibilities as well. The
Committee markups will set the stage for consideration in each chamber of Congress, leading to
bicameral negotiations over the course of the summer and fall. Passage is anticipated to occur
before the end of the 2022 calendar year.
Update on Immigration Legislation
Last month, Senators from both parties began sharing options for immigration legislation, reviving
talks that had stalled last summer on the controversial topic. But as the politics of border security
begin to play a larger role in the upcoming midterms, Senators are far from agreeing on a package
to reform the American immigration system.
Nevertheless, Senators Dick Durbin (D -III.), John Cornyn (R -Texas), Thom Tillis (R-N.C.), and
Alex Padilla (D -Calif.) met in late April to discuss immigration proposals that could notch enough
bipartisan support to pass the Senate. The talks are in early stages and will continue over the
coming weeks. Lawmakers face an uphill battle to advance any comprehensive immigration bill
during an election year, especially as Republicans have taken up border security as a top
campaign issue.
Senator Thom Tillis said measures that could form the basis of a deal include a pathway to
citizenship for Dreamers, border security upgrades, and a guest -worker program to alleviate labor
shortages in industries like restaurants. House lawmakers who passed the Farm Workforce
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Modernization Act (H.R. 1603) last year are getting impatient for Senate action. Reps. Dan
Newhouse (R -Wash.) and Salud Carbajal (D -Calif.) held a press conference Wednesday to urge
the Senate to take up the bill.
Some advocates are hoping for action in the lame duck period after the midterm elections in
November, as politics of the election will prohibit any action beforehand.
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May _, 2022
The Honorable Kelly Seyarto
California State Assembly
State Capitol, Room Suite 6150
Sacramento, CA 94829
SUBJECT: AB 1830 (Seyarto) Notice of Support in Concept
Dear Assembly Member Seyarto:
The City of Tustin (City) writes to inform you of its support for AB 1830 in concept, which would
extend the current one-year deadline for local governments to re -zone certain areas within their
jurisdiction to comply with state housing element laws.
Like most cities in the Southern California Association of Governments (SCAG) region, the City
has spent several years preparing its Housing Element in order to meet the state deadlines. The
city engaged on a robust outreach strategy which resulted in a draft Housing Element that met the
city's Regional Housing Needs Assessment (RHNA) goals.
The City has made good faith efforts to meet the HCD deadlines, but the City still has not yet
received a certified Housing Element. To date, only one city in Orange County has a certified
housing element in place, and only eight of the 197 SCAG cities and counties met the February 11
deadline. It is clear that a remedy is needed in order to rectify this systemic certification issue.
While the bill would be helpful in extending the one-year re -zoning deadline to 18 months, the
City would still be subject to an expedited re -zoning process that is penalizing for the City. Existing
statute states that cities in compliance with the Housing Element deadlines have three years from
the time of certification to re -zone specific sites. It is our hope that the bill would allow cities the
full three years from the time of certification to re -zone the appropriate sites.
The City is committed to supporting the production of new housing to focus on critical regional
priorities of addressing both homelessness and housing affordability challenges. It is for these
reasons that we support AB 1830 in concept and hope you will consider our suggestions to
strengthen the bill and provide adequate relief for cities that are making good faith efforts to
increase the statewide housing supply.
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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
Townsend Public Affairs
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May _, 2022
The Honorable Buffy Wicks
California State Assembly
10210 Street
Sacramento, CA 95814
SUBJECT: AB 2011 (Wicks) - Notice of Opposition Unless Amended
Dear Assembly Member Wicks:
The City of Tustin (City) regrets to inform you of its oppose unless amended position on AB 2011,
which would mandate by -right affordable housing in retail, office, and commercial zones.
Determining appropriate zoning overlays is an intensive process that the city does not take lightly.
Many social, environmental, and public safety considerations are weighed when determining the
appropriate zoning in a municipality's jurisdiction. The existing process considers the pressures
that every municipality experiences when it comes to developing more housing units. However, it
is a city's fundamental responsibility that developments suit their intended zoning areas to reduce
catastrophic impacts from environmental factors and public safety events.
While in some instances it may make sense to re -purpose underutilized retail, office, or commercial
areas for housing, this should not be a decision that is made on a streamlined, ministerial basis.
Locally elected officials, and members of the community, should have the opportunity to weigh in
on such decisions, so that the full extent of the local impacts of proposed projects can be
considered.
Additionally, the City is concerned that a streamlined review process could result in the
development of housing on land that may not be environmentally suitable. For example, areas that
are zone for commercial or retail activity could have served as sites for gas stations, dry cleaners,
or other activities that could require environmental mitigation. A thorough public review of
proposed projects would allow for these types of issues to be appropriately considered.
For these reasons, the City of Tustin opposes AB 2011 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, cityletters(acacities.org
Townsend Public Affairs
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May _, 2022
The Honorable Cottie Petrie -Norris
10210 Street Suite 4230
Sacramento, CA 95814
SUBJECT: AB 2496 (Petrie -Norris) Notice of Support
Dear Assembly Member Petrie -Norris:
The City of Tustin (City) is pleased to inform you of its support for AB 2496, which will help
address loud vehicle noise in our community. We appreciate your initiative and interest in the
subject and are eager to help improve the quality of life for all Californians.
Inconsistencies in law and a lack of meaningful enforcement mechanisms in current statute related
to loud vehicle noise contribute to the rising problem and leave public safety officers without the
tools to appropriately protect the public. AB 2496 proposes to require the courts to require
certificates of compliance for violations of loud vehicle noise in statute. If the certificates of
compliance are not received within three months the violations, the courts will notify the
Department of Motor Vehicles to place a hold on their registration.
A majority of loud vehicle noise issues come from willful violations of existing Vehicle Code that
makes it a crime to modify the exhaust system of a vehicle for the purpose of increasing or
amplifying noise emitted by the vehicle. However, loopholes exist to allow violators to
continuously violate these sections of the Vehicle Code without ramifications or compulsory
correction. By requiring certificates of compliance in order to register the vehicle, AB 2496 will
close that gap and incentivize violators to address the problem.
It is for these reasons that the City of Tustin supports AB 2496.
Sincerely,
Austin Lumbard
Mayor
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cc: Senator Dave Min
Assembly Member Steven S. Choi, Ph.D.
Tony Cardenas, League of California Cities
League of California Cities, cit.. le�(a,cacities.org
Townsend Public Affairs
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City of Tustin Priority State Legislation Matrix
2022 California State Legislative Session
Updated 5.4.22
Bill
Bill Summary
Bill Status
Position
City
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
Status: 2/1/2022 -In
zoning: regional
process, including emergency evacuation routes, wildfire risk, and other
Senate. Read first
Watch
housing need
climate impacts. The bill would allow for additional factors to be considered
time. To Com. on
allocation: climate
when planning for housing to avoid planning in areas that may be adversely
RLS. for assignment.
change impacts.
impacted by climate change, thus giving additional flexibility to local
governments for future housing development requirements.
Status: 4/27/2022 -
AB 1595 (Quirk
This bill would allow the California Department of Veterans Affairs (CalVet)
From committee: Do
Pass and re-refer to
Letter of
Silva) — Veterans
to design, develop, and construct a state -operated veterans cemetery in
Com. on APPR. (Ayes
Support
Support sent
Cemetery, County
Orange County. The County has been coordinating efforts to support this
9. Noes 0.) (April 26).
on March 28
of Orange
legislation with various cities.
Re-referred to Com.
on APPR.
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This bill would add to the definition of "exempt surplus land," surplus land
AB 1748 (Seyarto)
that is zoned for a density of up to 30 residential units and is owned by a city
Exempt surplus
or county that demonstrates adequate progress in meeting its share of
Current Status:
land: regional
regional housing need in its annual report, as specified, has constructed an
Referred to Com. On
Watch
adequate number of housing units to meet its share of regional housing
APPR
housing need
need in the immediately preceding or current housing element cycle, as
specified, or is designated as prohousing by the department.
AB 1751 (Daly)
Workers'
Extends the sunset for the provisions enacted by SB 1159 (Hill, 2020) to
Status: 4/27/2022 -In
compensation:
January 1, 2025 instead of January 1, 2023. SB 1159 created a rebuttable
committee: Set, first
Watch
COVID-19: critical
presumption that illness or death related to COVID-19 is an occupational
hearing. Referred to
injury and therefore eligible for workers' compensation benefits.
suspense file.
workers.
Current Status:
AB 1795 (Fong)
4/29/22 Failed
Open meetings:
Requires state bodies to provide all persons the ability to participate both in-
Deadline pursuant to
Watch
remote
person and remotely in any meeting and to address the body remotely.
Rule 61(b)(5). (Last
participation.
location was G.O. on
2/18/2022)
From committee
AB 1830 (Seyarto)
Extends the one-year deadline to complete this rezoning of sites, for a local
chair, with author's
Planning and
government that has failed to adopt a housing element found to be in
amendments: Amend,
zoning: housing
substantial compliance, to one year and 6 months for the first instance that
and re-refer to Com.
Watch
element: rezoning
the requirement applies.
on H. & C.D. Read
of sites
second time and
amended.
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Prohibits local governments (including charter cities), JPAs, or any other
AB 1850 (Ward)
political subdivision of a state or local government from acquiring
Status: 5/3/2022 -In
Public housing:
unrestricted housing unless each unit in the development meets specified
Senate. Read first
unrestricted
criteria, including that the initial rent for the first 12 months post conversion is
time. To Com. on
Watch
housing.
at least 10% less than the average monthly rent charged for the unit over the
RLS. for assignment..
12 -month period prior to conversion and at least 20% less than the small
area fair market rent.
Status: 3/22/2022 -
Removes the diversion credit for municipal solid waste incinerators and
From committee: Do
AB 1857 (C.
redefines the practice of incineration as disposal. Requires CalRecycle to
pass and re-refer to
Garcia) Solid
ensure that municipalities are prioritizing zero -waste strategies before
Com. on APPR. (Ayes
Watch
waste.
constructing new incinerators (to meet 1383 diversion requirements).
8. Noes 3.) (March
21). Re-referred to
Com. on APPR..
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Status: 4/28/2022 -
From committee: Do
AB 1883 (Quirk
Requires local governments to complete an inventory of public restrooms
pass and re-refer to
Silva) Public
owned and maintained by the local government, either directly or by contract,
Com. on APPR. (Ayes
Watch
restrooms.
that are available to the general population in its jurisdiction.
7. Noes 0.) (April 27).
Re-referred to Com.
on APPR.
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
Status: 5/3/2022 -In
(Friedman)
authority of a local jurisdiction to prohibit class 1 and class 2 electric bicycles
Senate. Read first
Watch
Vehicles: bicycle
on these facilities. Instead authorizes a local authority to prohibit the
time. To Com. on
omnibus bill.
operation of a class 3 electric bicycle at a motor -assisted speed greater than
RLS. for assignment.
20 miles per hour.
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AB 1910 (C.
Garcia) Publicly
owned golf
courses:
conversion:
affordable
housing.
(Reintroduced)
Status: 4/28/2022 -
Requires HCD to administer a program to provide incentives in the form of From committee: Do
grants to local agencies that enter into a development agreement to convert pass and re-refer to
a golf course owned by the local agency into housing and publicly accessible Com. on APPR. (Ayes Watch
open space. Requires HCD to award funding in accordance with the 5. Noes 2.) (April 27).
number of affordable units a local agency proposes to construct. Re-referred to Com.
on APPR.
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.
Authorizes a local legislative body to, upon majority vote, waive Brown Act
meetings. requirement of publishing their private addresses and making those
addresses accessible to the public.
Page 5 of 17
Status: 4/26/2022 -In
committee: Set, first
hearing. Hearing Watch
canceled at the
request of author.
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AB 1945 (Aguiar-
Authorizes HCD to administer the Affordable Disaster Housing Revolving
Curry) Affordable
Development and Acquisition Program to fund the predevelopment
Disaster Housing
expenses, acquisition, construction, reconstruction, and rehabilitation of
Current Status: 4/6/22
Revolving
property to develop or preserve affordable housing in the state's declared
In committee: Set, first
Watch
Development and
disaster areas that have experienced damage and loss of homes occupied
hearing. Referred to
by or affecting lower income households. Requires HCD to establish an
suspense file.
Acquisition
application process for community development financial institutions to apply
Program.
for emergency short-term or temporary loans under the program.
AB 2011 (Wicks)
Allows residential housing to be built by right in infill areas currently zoned for
Affordable
office, retail, and parking uses. Requires developers to meet a range of
Status: Referred to
Housing and High
possible wage and training standards, including prevailing wage on all
Com on RULES
Watch
Road Jobs Act of
projects, health benefits for developments of 50+ units, and utilize
2022
contractors that have completed state -approved apprenticeship programs.
Status: 4/21/2022 -
Coauthors revised.
AB 2053 (Lee) The
Creates a California Housing Authority to produce and acquire social
From committee: Do
pass and re-refer toom.
Social Housing
housing developments for the purpose of eliminating the gap between
C on APPR. (Ayes
C
Watch
Act.
housing production and regional housing needs assessment targets.
Noes 2.) (April 20).
Re-referred to Com.
on APPR.
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AB 2062 (Salas)
Establishes a grant program to provide $50,000,000 in grants to local law
Current Status:
Local law
enforcement agencies to incentivize peace officers to work in local law
4/27/22 In committee:
enforcement hiring
enforcement agencies that are in underserved communities and to live in the
Set, first hearing.
Referred to suspense
Watch
grants.
communities that they are serving.
file.
AB 2063 (Berman)
Prohibits affordable housing impact fees, including inclusionary zoning fees,
Status: 4/25/2022 -Re -
Density bonuses:
in -lieu fees, and public benefit fees, from being imposed on a housing
referred to Com. on
Watch
affordable housing
development's density bonus units.
APPR.
impact fees.
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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
4/26/22 Re-referred to
Watch
work and
deenergization event within the district's jurisdiction. Subjects an electrical
Com. on APPR.
deenergization
corporation that fails to provide sufficient notice to a civil penalty of $500.
events: notice
requirements.
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AB 2097
(Friedman)
Prohibits local agencies from imposing minimum parking requirements on
Status: 4/28/2022-
Residential and
residential, commercial, or other development if the development is located
Coauthors revised.
commercial
on a parcel that is within one-half mile of public transit. Prohibits these
From committee: Do
Letter of
development:
provisions from reducing, eliminating, or precluding the enforcement of any
pass and re-refer to
Oppose UnlessOpposition
remodeling,
requirement imposed on a new multifamily or nonresidential development to
Com. on APPR. (Ayes
6. Noes 1.) (April 27).
Amended
sent on April 6
renovations, and
provide electric vehicle supply equipment installed parking spaces or parking
Re-referred to Com.
additions: parking
spaces that are accessible to persons with disabilities.
on APPR.
requirements.
AB 2211 (Ting)
Finds that a jurisdiction is in a shelter crisis if its number of unsheltered
Status: 5/3/2022 -Re -
Shelter crisis:
persons exceeds the national average and streamlines shelters on private
referred to Com. on
Watch
homeless shelters.
land using alternative building codes.
APPR.
AB 2234 (R. Rivas)
Planning and
Seeks to expedite the local approval of plans and permits by requiring
Status: 5/3/2022 -Re-
zoning: housing:
developers to provide full and complete applications for their building permits
referred to Com. on
Watch
post -entitlement
and will also require local jurisdictions to promptly respond with any
APPR.
necessary feedback regarding complete applications.
phase permits.
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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
Status: 4/28/2022 -
AB 2319 (Bonta)
not necessary for the agency's use. Existing law provides that an agency is
From committee: Do
Surplus land:
not required to follow the requirements for disposal of surplus land for
"exempt
pass and re-refer to
former military
surplus land" except as provided. Current law categorizes as
"exempt
Com. on APPR. (Ayes
Watch
surplus land" surplus land that a local agency is transferring to
7. Noes 0.) (April 27).
base land.
another local, state, or federal agency for the agency's use. This bill would
Re-referred to Com.
add to the definition of "exempt surplus land," land that is a former military
on APPR.
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
Status: 4/28/2022 -
Development to maintain on its internet website, an up-to-date listing of all
From committee: Do
Letter of
AB 2357 (Ting)
notices of availability throughout the state. This bill would also require the
pass and re-refer to
Oppose Unless
Opposition
Surplus land
department to maintain on its internet website a listing of all entities,
Com. on APPR. (Ayes
Amended
sent on April
including housing sponsors, that have notified the department of their
6. Noes 1.) (April 27).
13
interest in surplus land for the purpose of developing low- and moderate-
Re-referred to Com.
income housing.
on APPR.
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AB 2496 (Petrie
Norris) Motor
Vehcile
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
this 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.
Current Status:
4/26/22 From
committee: Do pass
and re-refer to Com.
on APPR. (Ayes 14.
Noes 0.) (April 25). Re-
referred to Com. on
APPR.
Watch
Makes records and information obtained from records maintained by an
Status: 4/29/2022 -
AB 2557 (Bonta)
agency or body established by a city, county, city and county, local
Failed Deadline
Peace officers:
government entity, state agency, or state department for the purpose of
pursuant to Rule
Watch
civilian oversight of peace officers subject to disclosure pursuant to the
61(b)(5). (Last location
records.
California Public Records Act. Requires those records to be redacted only as
was JUD. on
specified.
4/19/2022)
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
Status: 4/27/2022 -Re-
public park and
purposes in accordance with the general plan for the city or county in which
referred to Com. on L.
Watch
recreational
the land is located. This bill instead requires land retained or transferred for
GOV.
purposes:
public park and recreational purposes to be developed within 5 years and
development.
used for at least 30 years following the retention or transfer for those
purposes.
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AB 2630
Status: 4/28/2022 -
(O'Donnell)
From committee: Do
Housing:
Requires each city, county, and city and county that has used funds from any
pass and re-refer to
California
source to assist in addressing homelessness to submit a report to the
Com. on APPR. with
Interagency
California Interagency Council on Homelessness providing specified
recommendation: To
Watch
Council on
information.
Consent Calendar.
(Ayes 8. Noes 0.)
Homelessness:
(April 27). Re-referred
report.
to Com. on APPR.
AB 2631
(O'Donnell)
Authorizes a local government to sue another local government for not
Status: 3/10/2022 -
Government
addressing the homelessness crisis within their jurisdiction.
Referred to Coms. on
Watch
L. GOV. and JUD.
Claims Act.
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AB 2647 (Levine)
Amends the Brown Act's requirements that agendas be available for public
Status: 4/25/2022 -In
committee: Hearing
Local government:
inspection at a public office or location that the agency designates to instead
postponed by
Watch
open meetings.
allow them to be posted on the agency's internet website.
committee.
AB 2650
(Arambula) Public
Status: 4/29/2022 -
safety: pools and
Current law requires local building code officials to inspect the
Failed Deadline
spas: drowning
construction/remodel of new pools/spas for safety features. This bill extends
pursuant to Rule
Watch
prevention:
these provisions to include inspections on transferred properties with an
61(b)(5). (Last location
informational
existing pool.
was ED. on 4/7/2022)
materials: home
inspectors.
AB 2668 (Grayson)
Prohibits a local government from determining that a development, including
Planning and
an application for a modification, is in conflict with the objective planning
Status: 4/4/2022 -Re-
zoning: housing:
standards on the basis that application materials are not included, if the
referred to Com. on L.
Watch
streamlined,
application contains sufficient information that would allow a reasonable
GOV.
ministerial
person to conclude that the development is consistent with the objective
approval.
planning standards.
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SB 897
(Wieckowski)
Status: 4/25/2022 -
Accessory
Increases the maximum height limitation that may be imposed by a local
April 25 hearing:
Watch
dwelling units:
agency on an accessory dwelling unit from 16 to 25 feet.
Placed on APPR
junior accessory
suspense file.
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
Current Status:
Environmental
operations, and related signage for bicycles, pedestrians, and vehicles until
2 Read second
Letter of
Quality Act:
January 1, 2030. This bill would extend the exemption indefinitely and repeal
time. Ordered to third
time.
Support
Support sent
Exemption:
the requirement that the bicycle transportation plan is for an urbanized area
reading.
on April 6
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)
Status: 4/28/2022 -
Housing
Authorizes HCD to resolve ambiguities in the Housing Accountability Act by
Read second time.
Watch
Accountability Act.
issuing standards and definitions.
Ordered to third
reading.
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SB 948 (Becker)
Shifts the responsibility to hold a certain amount of money in "transition
Status: 4/18/2022 -
Housing finance
reserves" from the individual project level to a pooled reserve model
April 18 hearing:
programs:
operated by the Department of Housing and Community Development to
Placed
Watch
development
mitigate the impacts on tenant rents from the loss or exhaustion of rental or
suspensee file.
le.
reserves.
operating subsidies.
SB 953 (Min) Oil
and gas leases:
Status: 4/29/2022 -Set
state waters: State
Bans all offshore drilling in CA by 2023.
for hearing May 9.
Watch
Lands
Commission.
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
Status: 4/29/2022 -Set
Alcoholic
prohibits the department from maintaining a presumption that the issuance
for hearing May 9.
Watch
beverage licenses.
of a retail license for a premises located within 100 feet of a residence would
interfere with the quiet enjoyment of the property.
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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
Status: 4/28/2022-
development
75% of the total units to low- and very low income households, the elderly, or
Read second time and
projects:
persons with disabilities or (2) the developer demonstrates to the local
amended. Re-referred
Watch
automobile
agency that the development would not have a negative impact on the local
to Com. on APPR.
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
(Portantino)
Authorizes local jurisdictions to use sound -activated enforcement devices to
Vehicles: sound-
capture vehicle noise levels that exceed the legal limits and face any
Status: 4/14/2022 -Set
Watch
activated
applicable penalties after a 30 -day warning period.
for hearing May 3.
enforcement
devices.
Status: 5/2/2022 -Read
third time. Passed.
SB 1100 (Cortese)
Authorizes members of the legislative body conducting a meeting to remove
(Ayes 29. Noes 7.)
Open meetings:
an individual for willfully interrupting the meeting, thereby modifying the
Ordered to the
Watch
orderly conduct.
Brown Act.
Assembly. In
Assembly. Read first
time. Held at Desk.
Current law prohibits a local agency's accessory dwelling unit ordinance
Current Status:
SB 1292 (Stern)
from imposing a setback requirement of more than 4 feet from the side and
3/22/22 March 24 set
Accessory
rear lot lines for an accessory dwelling unit. This bill removes the prohibition
for first hearing
Watch
dwelling units:
on a local agency's accessory dwelling unit ordinance, and instead provides
canceled at the
setbacks.
that the rear and side yard setback requirements for accessory dwelling units
request of author..
may be set by the local agency.
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Page 17 of 17
Status: 4/29/2022 -
SB 1464 (Pan) Law
Failed Deadline
enforcement:
Requires local law enforcement officers to enforce public health orders.
pursuant to Rule
Watch
public health
61(b)(5). (Last location
orders.
was HEALTH on
3/9/2022)
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CITY OF TUSTIN
2022 LEGISLATIVE PLATFORM
The Mayor and City Manager are authorized to submit advocacy letters on behalf of the City of
the proposed state or federal legislation clearly follows the City's adopted legislative platform.
PURPOSE
The City of Tustin's 2022 Legislative Platform confirms the City Council's position on current
issues with the potential to directly or indirectly impact the City, thereby establishing guidelines to
actively pursue pending legislation through monitoring and communications activities. Below are
the Guiding Principles and Policy Statements that will allow City staff to address 2022 legislative
and regulatory issues in a timely manner, without precluding the consideration of additional
legislative and budget issues that may arise during the legislative session.
GUIDING PRINCIPLES
PRESERVE LOCAL CONTROL
Preserve and protect the City's powers, duties and prerogatives to enact local legislation
and policy direction concerning local affairs and oppose legislation that preempts local
authority. Local agencies should preserve authority and accountability for land use
planning, revenues raised and services provided.
PROMOTE FISCAL STABILITY
Support measures that promote fiscal stability, predictability, financial independence, and
preserve the City's revenue base and maximum local control over local government
budgeting. Oppose measures that shift local funds to the County, State or Federal
Governments and/or make cities more dependent on the County, State or Federal
Governments for financial stability, such as unfunded mandates or mandated costs with
no guarantee of local reimbursement or offsetting benefits.
III. SUPPORT FUNDING OPPORTUNITIES
Support opportunities that allow the City to compete for its fair share of regional, state and
federal funding. Support funding for programs including, but not limited to economic
development such as infrastructure investment and housing, transportation projects
including road resurfacing, bicycle and pedestrian safety, multi -modal transportation
systems and transit -oriented development, air quality, water quality and local water
reliability, parks and recreation, historic preservation, natural resources, hazard mitigation,
public safety, public health and COVID-19 business and government recovery.
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POLICY STATEMENTS
Local Governance
1. Oppose State or Federal efforts to "borrow" local revenues and encourage the State to
find other methods of balancing its budget.
2. Support local government action, rather than the imposition of state, federal or regional
mandates upon local governments, as well as federal mandates placed on the state.
3. Support maximum flexibility for local government in contracting and contract negotiations.
4. Support open government initiatives as well as the principles of the open meetings
provisions of the Ralph M. Brown Act at all levels of government.
5. Support legislation that facilitates the flexibility of local governments to share resources to
increase efficiencies and decrease costs.
6. Support legislation that preserves the ability of local governments to determine the
appropriate type of election and representation for their jurisdiction.
7. Oppose and monitor efforts to increase City contribution cost to CalPERS.
8. Support the reimbursement of local governments for COVID-19 related expenses,
including the need for essential public safety service overtime, personal protective
equipment, and small business relief.
9. Support and monitor efforts to increase the City's ability to recover payment related fees
from customers
Economic Development
10. Support international, statewide, regional, and local efforts to attract, retain and provide
resources for current and future commercial and industrial businesses.
11. Support policies and programs that encourage working with other cities, counties and
government agencies to jointly leverage resources and assets to create and strengthen
economic clusters within the region.
12. Support economic development initiatives that preserve and enhance a positive business
climate and maintain and grow the business tax base.
13. Support policies and initiatives that will facilitate development of City owned property,
including Tustin Legacy and Pacific Center East. Oppose policies and initiatives that run
counter.
Land Use Planning and Housing
14. Oppose legislation, proposals, or regulations that impose regional, state, or federal growth
development or land use planning standards within the City without the City's direct input.
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15. Oppose legislation, proposals, or regulations that penalize local governments for
noncompliance with their housing element or regional housing needs assessment
requirements.
16. Support efforts to provide flexibility to local governments as well as resources for local
governments to allow them to submit compliant housing elements.
17. Support housing measures that promote the development and enhancement of safe and
affordable housing and accessible housing within the City for all economic segments of
the population, while still retaining local control.
18. Monitor local, state, and federal actions related to medical and recreational marijuana
regulatory changes.
19. Support local control over the licensure and regulation of alcoholism or drug abuse
recovery or treatment facilities.
20. Oppose legislation that would erode local control over City owned property, including
Tustin Legacy and Pacific Center East.
21. Support proposals that provide funding or tools to preserve historic neighborhoods and
structures.
22. Oppose proposals that increase requirements and place undue burdens on the City with
regard to the Surplus Land Act and Tustin Legacy.
23. Oppose efforts that require the City to ministerially approve housing development projects
without adequate input from local agencies or a robust public engagement process.
Parks and Recreation
24. Oppose efforts that erode funding for vital regional and community services that negatively
impact Californian's access to parks, open space, bike lanes and bike ways, after school
programming, senior services and facilities that promote physical activity and protect
natural resources.
25. Support efforts that strengthen policies to fund parks, open space acquisitions, bike lanes,
and active transportation opportunities.
26. Promote local agency control over policies that recognize the benefits of parks and
recreation facilities.
27. Support efforts to increase funding, accessibility and programs for seniors.
Public Works
28. Support increased State and Federal funding of transportation improvements with regional
or sub -regional benefits for all modes of transportation.
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29. Support protection of dedicated transportation -related tax revenues and enhance the
ability of local agencies to finance local transportation programs and facilities.
30. Support all efforts to create efficiencies within CEQA.
31. Support measures and reforms which streamline the CEQA process for the development
of housing and mixed-use infill projects that support transit.
32. Support legislation that allows local governments to continue to retain full authority to
reject projects or to condition project approvals and impose mitigation measures.
33. Support efforts to facilitate public private partnerships to complete development projects.
34. Oppose efforts to remove City representation on regional boards that oversee water,
drainage and/or sewage.
35. Support efforts that fund broadband infrastructure.
36. Support efforts that assist the City in meeting its waste and recycling mandates and adding
flexibility to comply with state regulations.
Water Quality and Water Supply
37. Support and monitor legislation that increases the availability of, and funding for, water
conservation, water reuse technologies, water recycling, local water storage and other
water supply technologies such as the Groundwater Replenishment System project.
38. Support the enhancement of a reliable and sustainable water supply for California as well
as measures that improve water quality in the region.
39. Monitor the development of a State framework for long term water conservation measures.
40. Support policy development, funding and research for water conservation, addressing
urban runoff and beach closures and required programs associated with OC NPDES
permits.
41. Support efforts to address long term water resiliency and affordability without
implementing a statewide water tax.
42. Oppose efforts that restrict or eliminate local permitting and enforcement of water quality
measures.
43. Oppose efforts that unilaterally reduces the indoor water use standards without the input
of local and regional stakeholders.
Human Resources and Risk Management
44. Oppose measures that reduce local control over employee relations issues or mandate
new or enhanced local government employee benefits.
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45. Support pension reform measures designed to control or decrease employer liability or
increase transparency in reporting without imposing undo hardships or administrative
burdens on local government.
46. Oppose redundant or unnecessary proposals that require excessive human resources
burdens without sufficient reimbursement.
Public Safety
47. Support measures that encourage community safety and well-being including those which
support state and federal reimbursement of homeland security related expenses.
48. Oppose legislation that places burdensome restrictions on law enforcement and limits their
ability to protect public safety.
49. Oppose legislative attempts at early release of incarcerated prisoners and measures that
would further de -criminalize non-violent offenses.
50. Support funding for local mitigation related to Proposition 47 and Proposition 57
51. Support initiatives involving county, state, and federal governments to reduce and prevent
homelessness in Orange County.
52. Support measures that provide funding and local resources for wildfire fire prevention,
suppression, and mitigation.
53. Support local control over adult entertainment facilities, alcohol establishments and
properties where illegal drugs are sold.
54. Support local control for the regulation of cultivation, storage, manufacture, transport and
use of medicinal and recreational marijuana and monitor legislative and administration
activity to create a regulatory structure for medical and adult use.
55. Support legislation increasing resources and local authority for abatement of public
vandalism, especially graffiti.
56. Support regional and state proposals to increase funding for locally operated homeless
shelters.
57. Oppose efforts to limit the City's ability to enforce parking rules and regulations and
recover the costs of doing so.
58. Support efforts that adds de-energization to the list of conditions that constitutes a state
and local emergency.
59. Oppose efforts that changes the certification framework for public safety personnel and
subjecting the City to additional litigation.
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