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HomeMy WebLinkAbout09 LEGISLATIVE UPDATEDocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D Y �4 AGENDA • RTS Agenda Item 9 Reviewed: DS �S2d City Manager Finance Director N/A MEETING DATE: SEPTEMBER 20, 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. Receive and file the updated legislative matrix as of September 9. 2. Direct staff to submit recommended signature or veto request letters to Governor Newsom on AB 1595, AB 1985, AB 2011, AB 2097, AB 2449, AB 2496, AB 2647, SB 6 and SB 922. 3. 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 August that is attached to the staff report. Veto/Signature Request Letters Staff and TPA are recommending submitting veto or signature requests letters to Governor Newsom on the following bills. Many of the positions on these bills have been previously approved by the City Council. - AB 1595 (Quirk Silva) Veterans Cemetery, County of Orange DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D Agenda Report — Legislative Update September 20, 2022 Page 2 o Summary: Allows the California Department of Veterans Affairs to design, develop, and construct a state -operated veterans cemetery in Orange County. o Recommended request to Governor: Sign - AB 1985 (Rivas) Organic waste: recovered organic waste product procurement targets o Summary: Provides relief to local jurisdictions seeking to meet organic waste procurement targets in accordance with SB 1383 regulations. o Recommended request to Governor: Sign - AB 2011 (Wicks) Affordable Housing and High Road Jobs Act of 2022 o Summary: Mandates by -right affordable housing in retail, office, and commercial zones. o Recommended request to Governor: Veto - AB 2097 (Friedman) Parking requirements o Summary: prohibits public agencies from imposing minimum automobile parking requirements on specified residential, commercial and other developments located within one-half mile of public transit. o Recommended request to Governor: Veto - AB 2449 (Rubio) Open meetings: local agencies: teleconferences o Summary: A short term plan for the eventual expiration of AB 361. Will modernize remote meeting requirements in a way that utilizes technical capabilities that agencies have incorporated during the pandemic. o Recommended request to Governor: Sign - AB 2496 (Petrie -Norris): Illeaally Modified Exhaust o Summary: Helps address illegal and loud vehicle noise by requiring new compliance from regulated facilities. o Recommended request to Governor: Sign - AB 2647 (Levine) Local government: open meetings — Request for Signature DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D Agenda Report — Legislative Update September 20, 2022 Page 3 o Summary: Clarifies that materials 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. o Recommended request to Governor: Sign - SB 6 (Caballero) Local olannina: housina: commercial zones o Summary: Creates a new process allowing residential development on certain commercial and industrial sites, including allowing qualifying projects to use the streamlined application procedures of SB 35. o Recommended request to Governor: Veto - SB 922 (Wiener) California Environmental Quality Act: exemptions: transportation - related projects o Summary: Streamlines CEQA with targeted statutory exemptions for transit and active transportation projects that significantly advance the state's climate, safety and health goals. o Recommended request to Governor: Sign Legislative Tracking Matrix Attached is a legislative tracking matrix as of September 9 that tracks bills of interest other state and local associations. Attachments: - TPA August 2022 Update - Draft Sign/Veto Letters - Legislative matrix as of September 9 - 2022 Legislative Platform DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D TCD`WNSEND TPA MEMORANDUM To: City of Tustin From: Townsend Public Affairs Date: September 6, 2022 Subject: August Monthly Report Overview of the 2022 Legislative Session August 31 marked the final night of the 2021-2022 Legislative Session. The night ended at two o'clock in the morning, which can be attributed to numerous last minute legislative pushes for new climate regulations, disputes over a bill that would have allowed legislative staffers to unionize, and the fate of California's last -standing nuclear power plant. In a stark contrast to last years' calm and quick final night of session, many major issues had not been decided and passed with the incremental waves of budget bills and budget trailer bills over the summer and in the month since summer recess. Nevertheless, the Legislature decided the fate of a number of bills important to local governments in its final days of session. Of the 2,350 bills introduced this year, the Legislature passed a total of 1,440. As of September 2, the Governor has signed 490, vetoed 7, and still has 943 bills to consider before the September 30 deadline. Following the Legislature's adjournment, it is expected that the Governor will follow his previous bill -signing trends and will package bills with other similar measures for signing into law. These packages are likely to include measures that address housing and land use, behavioral health supportive services, climate change and energy, and Brown Act Modernization, among others. Below is an overview of a few of the bills the Legislature has passed onto the Governor's desk for final consideration, organized by issue area: Housing and Land Use Throughout the 2022 Legislative Session, lawmakers were once again keenly focused on land use and zoning reform. These efforts build upon the passage of major land use reform bills from 2021, including SB 9 (Atkins), which requires the ministerial approval of urban lot splits and two - unit developments on single-family zoned parcels. This year's Session ended with the passage of several notable land use reform measures, including AB 2011 (Wicks) and SB 6 (Caballero), both of which authorize housing development projects in sites zoned for retail, office, parking, or along transit -rich corridors, so long as developers utilize stricter labor standards or adhere to stricter affordability requirements. Despite their similarities, both bills passed into law — a strategy that legislative leadership has touted as a method to give developers the choice to decide which strategy to use when approaching a (� Pagel DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D housing development project in a non-residential zone: comply with stricter labor standards or stricter affordability standards. As of September 2, both bills are still pending final action from the Governor. Another major land use reform measure that passed this year was AB 2097 (Friedman), which prohibits public agencies from imposing minimum automobile parking requirements on specified residential, commercial and other developments located within one-half mile of public transit. Notably, this bill is the second iteration of the legislation, which failed in the Appropriations Committee during the 2021 Legislative Session. Like SB 6 and AB 2011, this bill is also currently pending final action from the Governor. In addition to land use reform measures, the Legislature passed a handful of bills relating to Accessory Dwelling Unit (ADU) requirements. These include SB 897 (Wieckowski), which makes various changes to existing ADU laws, including adjustments to the minimum height limitations that a local agency may impose. Another ADU reform measure is AB 916 (Salas), which prohibits a city or county from requiring a public hearing as a condition of reconfiguring existing space to add up to two bedrooms within an existing dwelling unit. Both bills are pending consideration from the Governor. Brown Act Reform The COVID-19 pandemic necessitated reforms to the Brown Act to provide remote flexibilities to adhere to social distancing orders. During the 2021 Legislative Session, the Legislature passed, and the Governor signed, AB 361 (Rivas) into law, which allows local agencies to use teleconferencing without complying with specified Ralph. M Brown Act restrictions in certain state emergencies. Following the passage of AB 361, it was thought there would be no appetite to modify its provisions or looks toward additional Brown Act modernization requirements. However, this Session, three measures addressing public meetings requirements were passed by the legislature. These include AB 2449 (Rubio), which allows members of a legislative body of a local agency to use teleconferencing without identifying each teleconference location in the notice and agenda of the meeting, and without making each teleconference location accessible to the public. AB 2647 (Levine) allows writings that have been distributed to members of a legislative body of a local agency less than 72 hours before an open, regular meeting to be exempt from specified requirements of the Ralph M. Brown Act (Brown Act), if the agency meets certain requirements. Both measures are on the Governor's desk awaiting consideration, as of Friday, September 2. An additional measure, SB 1100 (Cortese), has already been signed into law. This bill authorizes the presiding member of a legislative body conducting a meeting, or their designee, to remove an individual for disrupting the meeting, and defines "disrupting" for these purposes. Each of these three measures reflect modest changes to the Brown Act to allow for additional flexibilities for local agencies. Continued remote teleconferencing for all members of a legislative body is currently provided via the provisions established under AB 361, which are set to expire January 1, 2024, or when the COVID-19 state of emergency is lifted — whichever comes first. Behavioral Health Reform This Session, Governor Newsom and Legislative Leaders made it clear that overhauling the State's existing behavioral healthcare infrastructure was a top priority. On March 3, 2022, Governor Newsom unveiled his CARE (Community Assistance, Recovery, and Empowerment) Court proposal framework, which was later packaged into SB 1338 (Umberg). This bill would offer court-ordered individualized interventions and services, stabilization medication, advanced (� Page 2 DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D 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 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. After numerous iterations of amendments, SB 1338 was passed by the Legislature on the final night of Session. Notably, the bill includes staggered implementation and additional funding resources to allow counties and other local agencies time to implement the program. Other bills seeking to add reforms to behavioral healthcare were part of a bill package introduced by Senator Eggman. This included bills SB 929, SB 970, SB 1035, SB 1227, and SB 1338 — each of which adds modernizations to California's behavioral health continuum, including increased data collection among agencies and stakeholders to better understand the outcomes of involuntary holds, services provided, waiting periods to receive care, current and projected behavioral health care infrastructure, service needs, and more. Each of these bills are on the Governor's desk awaiting consideration as of September 2, 2022. Climate and Energy In mid-August, reports began swirling about the Governor convening meetings with Legislative leaders and the Democratic Caucus to push forward last-minute legislation to address the climate crisis. These priorities materialized into a memo presented to the Legislature, outlining climate change mitigation tactics the Governor wanted to see pushed forward in legislation before the end of Session. These included to laws set interim targets for 100 percent clean energy, regulate projects to remove carbon from the atmosphere and smokestacks, and end new oil drilling near communities. Ultimately, these efforts resulted in six legislative proposals, five of which passed the Legislature and are pending the Governor's signature as of September 2. These five measures include the following: Greenhouse Gas Emission Reductions Measures contained within the package relating to greenhouse gas emissions include AB 1279 (Muratsuchi), which codifies the State's existing goal of carbon neutrality by 2045. For context, the State enacted another greenhouse gas bill, AB 32, in 2006, requiring the State to set a target for emissions to drop to 1990 levels by 2020. While AB 1279 passed, another, more aggressive measure that would have set California's target at 55% below the state's 1990 emissions up from the current 40% target, failed in the Assembly on the final night of session. Clean Energy and Grid Reliability Another measure relating to the Governor's climate proposals is SB 1020 (Laird), which sets interim targets for generating clean energy. A current law already requires 100% of retail electricity (� Page 3 DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D to be fueled by renewables such as wind and solar by 2045. The new law would add 90% by 2035 and 95% by 2040. In addition, all State agencies must source their energy from 100% renewable sources by 2035, ten years sooner than law now requires. The question remains, however, if California's electrical grid can handle the surge in energy demand. The State is expected to see a 68% increase in energy consumption by 2045, according to the California Air Resources Board. To handle that increase, the Agency estimates that the state needs to expedite renewable energy projects. The issue of grid reliability was addressed in SB 846 (Dodd) which aims to keep the state's last remaining nuclear power plant in Diablo Canyon operating until 2030 and gives its operator, Pacific Gas & Electric, a $1.4 billion loan to do so. This bill was viewed as one of the most contentious bills of the final night of session — with proponents arguing the need to keep the power plant functioning in the face of increase grid demand, and opponents concerned about accidents, nuclear waste issues, and a perceived "PG&E bailout." Carbon Sequestration SB 905 (Caballero) directs the California Air Resources Board to develop a program and set regulations for carbon capture, utilization and storage projects at polluting industries, such as oil refineries. The practice is supported by the oil industry, but environmentalists say it has the potential to do more harm than good and prolongs the lives of fossil fuels. The State has yet to see a large scale carbon capture and storage development seen to fruition. Another bill approved by the Legislature, AB 1757 (C. Garcia), would require the State to set targets for removing planet -warming carbon from the atmosphere with nature -based methods, such as planting trees, restoring wetlands and scaling up public landscaping and urban forestry projects. The bill received widespread support from environmentalists, who say nature -based solutions to combating the existing amount of greenhouse gas emissions in the air is a better approach than relying on engineered technologies. Oil Well Setbacks The 2022 Legislative Session saw several attempts to establish buffer zones around oil and gas wells and other large-scale industrial equipment, to prevent their encroachment on "sensitive receptors" like residential zones and schools. SB 1137 (Gonzalez), which requires 3,200 foot setbacks between new oil and gas wells and sensitive receptors, narrowly passed the Legislature on the final night of session. The bill also requires operators to take certain steps at the thousands of existing wells within that buffer zone. Included is a plan to monitor toxic leaks and emissions, and install alarm systems. In addition, new requirements would include limits on noise, light, dust and vapors. Looking Forward As previously mentioned, the Governor will have until the end of September to act on all measures passed by the Legislature. Last year, Governor Newsom approved 92 percent and vetoed 7.9 percent of the bills that made it to his desk. It is expected that he will sign a similar percentage of bills into law this year. In addition to the onset of new laws, next year will mark massive changes in the State Legislature. The decennial redistricting process caused numerous lawmakers to move, battle for new district spots, or retire. This, coupled with the onset of another graduating class of legislators under the new term limit requirements established by Prop. 140 (1990), has prompted many legislators to (� Page 4 DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D not seek reelection. As such, 2023 will bring forward a new class of freshman legislators — specifically, 10 new Senators and 19 new Assembly Members. This is likely to spark new leadership changes, bill ideas, and shift the makeup of factions within the Democratic Caucus. For instance, Assembly Member Robert Rivas has already signaled his intentions of battling Incumbent Speaker Anthony Rendon for the coveted Assembly Speakership. If he succeeds, it is likely he will appoint new committee chairs and internal leadership positions. Governor Newsom Issues State of Emergency to Prevent Grid Strain with Increased Energy Demands On August 31, Governor Newsom proclaimed a State of Emergency to temporarily increase energy production and reduce demand. The California Independent System Operator has called a Flex Alert, asking Californians to reduce their electricity consumption between 4 p.m. and 9 p.m. to save power and reduce the risk of outages. Actions the State has taken to accelerate the transition to clean energy have put an estimated 4,000 megawatts on the grid that were not available in July 2020. Since then, the State has also developed emergency measures including adding generators and a Strategic Energy Reserve, additional procurement, and demand response to produce 2,000 megawatts available to respond to emergency conditions. However, because the recent heat wave has impacted the entire western United States, limited energy resources are being stretched across multiple states. The prolonged drought has also greatly reduced the State's ability to generate hydroelectric power. Additionally, the duration of the late August- early September heat wave is unlike those experienced in recent history increasing the length of time the grid will face peak demand. This emergency proclamation will allow power plants to generate additional electricity, permits use of backup generators to reduce the amount of energy they need to draw from the grid during the periods of peak energy demand during this heat wave, and allows ships in California ports to reduce their consumption of electricity from the grid. CARB Bans Sale of New Gas -Powered Vehicles, Beginning 2035 On August 25, the California Air Resources Board (CARB) adopted their Advanced Clean Cars II (ACC II) Regulations requiring automobile manufacturers to deliver to the California new vehicle market increasing percentages of zero -emission vehicles (ZEVs) as a portion of their overall product deliveries between model years 2026 and 2035. The ACC II regulations' proposal to increase the sale of ZEVs would culminate in nearly 100 percent sales of ZEVs by the 2035 as directed by Governor Newsom's Executive Order N-79-20. For context, in 2018 and 2019 Assembly Member Ting introduced legislation banning the sale of gas -powered vehicles by 2035. That legislation never made it out of Assembly Transportation Committee due to lingering questions about its viability. Without answers to these and other questions, it appeared that this policy was going to struggle through the Legislature, so instead, in 2020 Governor Newsom produced an Executive Order directing CARB to develop regulations to implement the strategy. The ACC II regulations are the result of that order. During the development of the regulations, automakers cautioned CARB that while technological advances may lower compliance costs, consumers may still not accept new technologies at the rates required by the regulation and stressed that complementary ZEV policies to facilitate the ZEV market are needed. Other stakeholders representing business associations expressed concerns about ZEV affordability. (� Page 5 DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D CARIB staff determined that, when weighing the benefits of emissions reductions against the increased costs imposed by the proposal, the net result of the ACC II regulations are estimated to be a cumulative net benefit to California of $91.1 billion with a benefit -cost ratio of 1.43, meaning benefits are more than costs between 2026 and 2040. For more information, see the staff board summary here; find the entire proposed resolution here. Governor Newsom Announces Water Strategy for a Hotter, Drier California Last month, Governor Newsom announced California's latest actions to increase water supply and adapt to more extreme weather patterns caused by climate change. The actions, outlined in a strategy document published by the Administration called "California's Water Supply Strategy, Adapting to a Hotter, Drier Future" calls for investing in new sources of water supply, accelerating projects and modernizing how the state manages water through new technology. To help make up for the water supplies California could lose over the next two decades, the strategy prioritizes actions to capture, recycle, de -salt and conserve more water. These actions include: • Creating storage space for up to 4 million acre-feet of water, which will allow us to capitalize on big storms when they do occur and store water for dry periods • Recycling and reusing at least 800,000 acre-feet of water per year by 2030, enabling better and safer use of wastewater currently discharged to the ocean. • Freeing up 500,000 acre-feet of water through more efficient water use and conservation, helping make up for water lost due to climate change. • Making new water available for use by capturing stormwater and desalinating ocean water and salty water in groundwater basins, diversifying supplies and making the most of high flows during storm events. These actions are identified broadly in the Newsom Administration's Water Resilience Portfolio — the state's master plan for water released in 2020 — but they will be expedited given the urgency of climate -driven changes. Governor Newsom Names Antonio Villaraigosa Infrastructure Advisor to Leverage Federal Dollars In August, Governor Newsom named former Los Angeles Mayor Antonio Villaraigosa to serve as an Infrastructure Advisor to the State of California, working with local, state and federal leaders to identify priority projects and maximize access to federal funding across all regions of the state. Villaraigosa will work to leverage investments made under federal Infrastructure Investment and Jobs Act (IIJA). Villaraigosa will serve as the key state liaison for local elected officials on infrastructure needs, conducting meetings with regional leaders and with federal leaders in Washington, D.C., in coordination with the Governor's Office. "With this influx of federal dollars, we have an incredible opportunity to rebuild California while creating quality jobs, modernizing crucial infrastructure, and accelerating our clean transportation progress, benefiting communities up and down the state," said Governor Newsom. "Antonio has the extensive experience and relationships to deliver on this promise and bring together the many partners who will be key to our success. I look forward to his collaboration with the Administration as we build up communities across California." (� Page 6 DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D Although the month of August is typically reserved for the Congressional recess, this year was marked by a broad last minute effort to sign sweeping climate, health, and tax legislation into law. The Inflation Reduction Act was one key piece of legislation that passed in August, along with the CHIPS and Science Act and the Honoring Our Pact Act. Additionally, the Biden Administration announced new policy initiatives to mitigate student loan debts for low- and middle-income borrowers, protect the DACA program, and address a regional megadrought in the west. Below is an overview of federal legislative updates that occurred during the month of August. President Biden Signs Inflation Reduction Act Following months of negotiations on the Inflation Reduction Act (H.R. 5376) in Congress, President Biden signed the legislation into law on August 16. The President's signing of the bill comes after the Senate voted 51-50 and the House voted 220-207 to pass the legislation. The $750 billion legislation will address health care, tax, and energy reforms and marks a major victory for the Administration ahead of the November midterm elections. Following the passage of the Inflation Reduction Act, Congress officially entered its August recess. The Senate is scheduled to return to Washington, DC on September 6, while the House is set to reconvene on September 13. Update on FY23 Appropriations Although Congress is in its recess this month, work on the path forward on FY23 appropriations continued throughout August. In June and July, the House and Senate Appropriations Committees released the text of their FY23 appropriations bills. Eight of the twelve annual spending bills passed the House in July, but none have passed the Senate. Due to the slim Democratic majorities in the House and Senate, Congress will need to strike a bipartisan compromise on FY23 appropriations in order to overcome a Republican filibuster in the Senate. The House and Senate bills that have been released are Democratic, partisan bills, with little to no Republican input. Because there is no bipartisan agreement, Congress will take up a Continuing Resolution (CR) in September to fund the government at current levels beyond the end of Fiscal Year 2022 on September 30. This will give the House and Senate negotiators more time to arrive at a compromise. The earliest a compromise will emerge is likely in December. Capitol Hill sources suggest that the House of Representatives will consider a CR when they return to Washington during the week of September 12. We are told to anticipate this CR lasting until December 16, 2022. President Biden Signs Executive Order to Implement CHIPS and Science Act On August 25, President Biden signed an Executive Order (EO) to implement the semiconductor funding in the bipartisan CHIPS and Science Act of 2022 (H.R. 4346). The CHIPS+ Act establishes over $52 billion to bolster the U.S. semiconductor industry and increase U.S. industry competitiveness. To coordinate effective implementation of the legislation across the Administration, the EO establishes an interagency CHIPS Implementation Steering Council. The Steering Council will be co-chaired by National Economic Director Brian Deese, National Security (� Page 7 DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D Advisor Jake Sullivan, and the Acting Director of the Office of Science and Technology Policy, Alondra Nelson. The Administration has established six primary priorities to guide CHIPS+ implementation across the federal government. These include: • Protect taxpayer dollars through a rigorous review of applications, as well as with clear compliance and accountability requirements. • Meet economic and national security needs by building domestic capacity that reduces U.S. reliance on foreign semiconductor production while simultaneously increasing U.S. economic productivity and competitiveness. • Ensure long-term leadership in the semiconductor sector through a collaborative network for research and innovation. • Strengthen and expand regional manufacturing and innovation clusters to bolster investments across the supply chain. • Catalyze private sector engagement to maximize large-scale private investment in production, technologies, and workers in the industry. The CHIPS+ program will ideally respond to market signals, fill market gaps, and reduce investment risk to private entities. • Generate benefits for a broad range of stakeholders and communities, especially startups, workers, socially and economically disadvantaged businesses, universities, and local economies. In addition to the EO, the Department of Commerce has launched CHIPS.gov to provide an essential channel through which the public can learn about CHIPS Program initiatives. EPA Proposes Designating Certain PFAS Chemicals as Hazardous Substances On August 26, the Environmental Protection Agency (EPA) proposed to designate two of the most widely used per- and polyfluoroalkyl substances (PFAS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The rulemaking aims to increase transparency around releases of these harmful chemicals and help to hold polluters accountable for cleaning up their contamination. The proposal applies to perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) and is based on significant evidence that PFOA and PFOS may present a substantial danger to human health and the environment. PFOA and PFOS can accumulate and persist in the human body for long periods of time and exposure can potentially lead to deadly illnesses, including cancer. If this designation is finalized, releases of PFOA and PFOS that meet or exceed the reportable quantity would have to be reported to the National Response Center, state or Tribal emergency response commissions, and the local or Tribal emergency planning committees. Additionally, under the rule, polluters would be made to pay in certain circumstances by allowing the EPA to seek to recover cleanup costs. Federal entities that transfer or sell their property will be required to provide a notice about the storage, release, or disposal of PFOA or PFOS on the property and a covenant ensuring the contamination has been cleaned up, as well. EPA will be publishing the Notice of Proposed Rulemaking in the Federal Register in the next several weeks. Upon publication, EPA welcomes comment for a 60 -day comment period. DHS Announces Finalized Rule on DACA (' Page 8 DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D On August 24, the Department of Homeland Security released the final version of regulations intended to fortify the Deferred Action for Childhood Arrivals (DACA) program against legal challenges. The program, launched in a 2012 memo by the Obama Administration, offers protection from deportation and the ability to work legally to approximately 600,000 undocumented young people who came to the U.S. as children. The regulation replaces the Obama-era memo and takes effect on October 31, 2022. The DHS's final regulation maintains existing criteria for DACA status and the process for seeking work authorization. The rule will apply only to DACA renewal requests, not to new applications, while a federal court order remains in place barring DHS from granting new requests for status. The Biden Administration crafted the regulation in response to legal challenges that have plagued DACA since its inception. The rule does not make the program bulletproof, however, as some litigants and judges question whether DHS has authority to issue broad deportation protections at all. Biden Administration Announces Student Loan Forgiveness On August 24, the Biden Administration released guidance for targeted student loan debt cancellation. The Department of Education will provide up to $20,000 in debt cancellation to Pell Grant recipients with loans held by the Department of Education, and up to $10,000 in debt cancellation to non -Pell Grant recipients. Borrowers are eligible for this relief if their individual income is less than $125,000 ($250,000 for married couples). The Department will be announcing further details on how borrowers can claim this relief in the weeks ahead. The Administration also announced that it would extend the pause on federal student loan repayment one final time through December 31, 2022. Payment will resume in January 2023. The Department of Education also plans to cut monthly payments in half – from 10% to 5% – for undergraduate loans for low-income borrowers. This new guidance is a part of the Administration's larger goal to protect future students and taxpayers by holding schools accountable. The Administration hopes to make higher education more accessible, especially for low- and middle-income students. The proposed regulations will soon be published on the Federal Register and the public is invited to comment on the draft rule for 30 days. Biden Administration Calls for Colorado River Basin Conservation On August 16, the Biden Administration called for the seven states in the Colorado River Basin – California, Arizona, and Nevada in the Lower Basin, and Utah, New Mexico, Colorado and Wyoming in the Upper Basin – to conserve up to 4.2 million -acre feet of water from the river annually through 2026 to ensure enough can serve the region amid a megadrought. Earlier in June, the Bureau of Reclamation asked the states to come up with a long-term plan by mid -august to cut water; however, the states are at an impasse. With tensions running high between states in the Upper and Lower Basins, the need to cut to water is so urgent there is likely not enough time to wait for a legal dispute to play out. If the dispute sparks litigation, it's likely to originate at the Supreme Court—the typical venue for interstate water conflicts—and take years or even decades to resolve. (' Page 9 DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D The Colorado River provides water for 40 million people from Denver to Los Angeles, but the region is 23 years into a megadrought, radically reducing river flows and drying up the largest reservoirs in the Country. The basin's two reservoirs, lakes Mead and Powell, are at a combined 28% of capacity. The Bureau is pushing states to come to a consensus on conservation. NHTSA Announces U.S. Traffic Deaths Hit 20 -Year High On August 17, the National Highway Traffic Safety Administration released preliminary estimates that show more than 9,500 people were killed in traffic crashes in the first three months of this year — a figure that represents the deadliest start to a year on U.S. road in 20 years. In seven states and the District of Columbia, officials estimated crash deaths jumped at least 50 percent. Nationwide, deaths were up 7 percent compared with the same period last year. Experts have struggled to come up with an explanation for the spike in deaths but have pointed to less congestion amid changed driving patterns during the pandemic, which they say have allowed more dangerous speeds. Officials say there's also evidence of an uptick in reckless behavior, such as driving impaired or without wearing a seat belt. Transportation Secretary Pete Buttigieg earlier this year said the nation would work to eliminate crash deaths, pledging to adopt a "safe system" approach that would look as much at the design of roads and cars as the behavior of individual drivers. The effort is backed by billions in new safety funding from last year's infrastructure law, including a $5 billion fund that will provide grants aimed at protecting bicyclists and pedestrians. (� Page 10 DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D September _, 2022 The Honorable Gavin Newsom Governor, State of California 10210 Street, Suite 9000 Sacramento, CA 95814 SUBJECT: AB 1595 (Quirk Silva) Veterans Cemetery, County of Orange - Signature Request Dear Governor Newsom, The City of Tustin respectfully requests your signature of AB 1595 to allow the California Department of Veterans Affairs (CalVet) to design, develop, and construct a state -operated veterans cemetery in Orange County. Home to former Army, Navy, and Marine bases and an estimated 104,949 veterans, Orange County is California's largest county without a veteran cemetery. On July 27, 2021, the Orange County Board of Supervisors unanimously approved allocating $20 million exclusively for site development of a veteran cemetery at Gypsum Canyon and adopted a resolution to move forward with planning and developing a site to honor and respect the men and women who served our great country. The Board previously allocated over 200 acres of county - owned land at Gypsum Canyon in Anaheim Hills near the intersection of the 91 freeway and 241 toll road, which has been deeded to the Orange County Cemetery District (OCCD) for the purpose of building a veterans cemetery. After years of delay due to lack of consensus on a location, the County's $20 million commitment along with OCCD's financing plan offer an unprecedented opportunity to immediately begin funding the site. All 34 Orange County cities have adopted resolutions supporting the Gypsum Canyon site. The City of Tustin, as a former military base community, was among the first to do so. In addition, a bipartisan majority of Orange County state and federal delegation members, numerous veterans organization leaders, and more than 140 local elected officials all enthusiastically support a veterans cemetery at Gypsum Canyon. However, legislation is needed to amend the Military & Veterans Code in order to proceed. AB 1595 would allow CalVet to acquire, study, design, develop, construct, and equip a state- owned and state -operated Southern California Veterans Cemetery in Orange County so that we may honor the men and women who served our country and who deserve the right to be buried in Orange County. DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D For the above reasons, the City of Tustin requests your signature of AB 1595 (Quirk Silva). 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(ccacities.org Townsend Public Affairs DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D September _, 2022 The Honorable Gavin Newsom Governor, State of California 10210 Street, Suite 9000 Sacramento, CA 95814 SUBJECT: AB 1985 (Rivas) Organic waste: recovered organic waste product procurement targets — Request for Signature Dear Governor Newsom, The City of Tustin respectfully requests your signature of AB 1985 (Rivas), which provides relief to local jurisdictions seeking to meet organic waste procurement targets in accordance with SB 1383 regulations. The City is adopting a support position in accordance with the City's 2022 Legislative Platform under Public Works, statement 35: Support efforts that assist the City in meeting its waste and recycling mandates and adding flexibility to comply with state regulations. Organics like food scraps, yard trimmings, paper, and cardboard make up half of what Californians dump in landfills and emit 20% of the state's methane. In a critical effort to reduce methane and other short-lived climate pollutant emissions, California set organic waste diversion targets of 50% by 2020 and 75% by 2025 (SB 1383, Lara, 2016). To drive infrastructure investment and create demand for organic waste products, the SB 1383 regulations required cities and counties by January 1, 2022, to procure a specific quantity of organic waste products based on their population. As jurisdictions ramp up their organic waste collection programs, many cities and counties are struggling to meet their procurement targets due to a limited amount of organic waste infrastructure across the state. In many cases, local governments like ours also struggle to connect with end markets for the organic waste they do process. Jurisdictions are seeking unique and creative pathways to help them achieve these targets while simultaneously vitalize a growing organic waste recycling market. The City of Tustin supports the bill's provisions which offers staggered civil penalty relief for local jurisdictions that fail to meet procurement targets over the next three years. Ultimately, AB 1985 will assist local governments in achieving their procurement targets by phasing in the procurement requirements while markets and infrastructure continues to develop. This, along with other adjustments in the bill, will offer local governments the flexibility they need to meet these important requirements. DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D For the above reasons, the City of Tustin requests your signature of AB 1985 (Rivas). 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, citylettersncacities.org Townsend Public Affairs DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D September _, 2022 The Honorable Gavin Newsom Governor, State of California 10210 Street, Suite 9000 Sacramento, CA 95814 SUBJECT: AB 2011 (Wicks) Affordable Housing and High Road Jobs Act of 2022 — Request for Veto Dear Governor Newsom, The City of Tustin respectfully requests your veto of AB 2011 (Wicks), which would mandate by - right affordable housing in retail, office, and commercial zones. The City has adopted an oppose position to this bill in accordance with its 2022 Legislative Platform, Land Use and Housing, policy statement 13: 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. 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 the above reasons, the City of Tustin requests your veto of AB 2011 (Wicks). DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D 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, citylettersAcacities.org Townsend Public Affairs DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D September _, 2022 The Honorable Gavin Newsom Governor, State of California 10210 Street, Suite 9000 Sacramento, CA 95814 SUBJECT: AB 2097 (Friedman) Parking Requirements — Request for Veto Dear Governor Newsom, The City of Tustin respectfully requests your veto of AB 2097 (Friedman), which prohibits public agencies from imposing minimum automobile parking requirements on specified residential, commercial and other developments located within one-half mile of public transit. The City is adopting an oppose position in accordance with its 2022 Legislative Platform, Public Safety, statement 57: Oppose efforts to limit the City's ability to enforce parking rules and regulations and recover the costs of doing so. While we see that the bill is intended to reduce car dependence, we believe that 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. Moreover, AB 2097 could 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 local governments do when designing the layout of their jurisdictions. 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. DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D For the above reasons, the City of Tustin requests your veto of AB 2097 (Friedman). 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, citylettersAcacities.org Townsend Public Affairs DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D September _, 2022 The Honorable Gavin Newsom Governor, State of California 10210 Street, Suite 9000 Sacramento, CA 95814 SUBJECT: AB 2449 (Rubio) Open meetings: local agencies: teleconferences - Signature Request Dear Governor Newsom, The City of Tustin respectfully requests your signature of AB 2449 (Rubio) relating to teleconference requirements for meetings held by local agencies. The City is adopting a support position for this bill in accordance with its 2022 Legislative Platform, Local Governance, policy statement 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. AB 361, which sunsets on January 1, 2024, permits local agencies to continue to meet virtually and remotely during a state -declared emergency without being required to have a quorum present and abide by other requirements of teleconference meeting under the Brown Act. AB 2449 is a short term plan for the eventual expiration of AB 361 and will modernize remote meeting requirements in a way that utilizes technical capabilities that agencies have incorporated during the pandemic. The bill would provide an alternative to the existing concept of teleconference locations while creating an opportunity for the public to participate remotely and maintain maximum public transparency. For the above reasons, the City of Tustin requests your signature of AB 2449 (Rubio). Sincerely, Austin Lumbard Mayor DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D cc: Senator Dave Min Assembly Member Steven S. Choi, Ph.D. Tony Cardenas, League of California Cities League of California Cities, city] ettersgcaciti es. org Townsend Public Affairs DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D September _, 2022 The Honorable Gavin Newsom Governor, State of California 10210 Street, Suite 9000 Sacramento, CA 95814 SUBJECT: AB 2496 (Petrie -Norris): Illegally Modified Exhaust- Signature Request Dear Governor Newsom, The City of Tustin respectfully requests your signature of AB 2496 (Petrie -Norris) which will help address illegal and loud vehicle noise in our community. Inconsistencies in law and a lack of meaningful enforcement mechanisms in current statute contribute to the serious problem of loud vehicle noise. AB 2496 proposes that the court system require certificates of compliance from Bureau of Automotive Repair regulated facilities for violations of loud vehicle noise in existing statute. If the certificate of compliance is not received within three months the violation, the courts shall notify the Department of Motor Vehicles to place a hold on their next registration. Furthermore, as a result of discussions with the Department of Motor Vehicles, the bill's implementation date is delayed until January 1, 2027 in order to coincide with the current information technology and data modernization project currently underway. Most loud vehicle noise issues come from willful violations of existing Vehicle Code that make 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 to register the vehicle once cited, AB 2496 will close that gap and incentivize violators to address the problem. For the above reasons, the City of Tustin requests your signature of AB 2496 (Petrie -Norris). DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D 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 DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D September _, 2022 The Honorable Gavin Newsom Governor, State of California 10210 Street, Suite 9000 Sacramento, CA 95814 SUBJECT: AB 2647 (Levine) Local government: open meetings - Signature Request Dear Governor Newsom, The City of Tustin respectfully requests your signature of AB 2647 (Levine), which would clarify that materials 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. The City adopted a support position in accordance with its 2022 Legislative Platform, Policy Statement 4 under Local Governance: 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. Like most local agencies during the COVID-19 pandemic, the City of Tustin greatly benefited from the Brown Act flexibility allowances instated by Governor Newsom's executive orders, and subsequent legislation enacted by AB 361 (R. Rivas, Statutes of 2021). These standards not only provided for the health and safety of the public and members of the legislative body, but also greatly increased public participation in council meetings. Members of the public are becoming increasingly engaged using online technologies, including accessing City Council materials from our City's website. AB 2647 will afford local agencies greater flexibility and agenda robustness by allowing meeting materials distributed less than 72 hours before a Council Meeting to be posted online, rather than requiring that they be made available for public inspection at the meeting location. For the above reasons, the City of Tustin requests your signature of AB 2647 (Levine). Sincerely, Austin Lumbard Mayor DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D 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 DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D September _, 2022 The Honorable Gavin Newsom Governor, State of California 10210 Street, Suite 9000 Sacramento, CA 95814 SUBJECT: SB 6 (Caballero) Local planning: housing: commercial zones — Request for Veto Dear Governor Newsom, The City of Tustin respectfully requests your veto of SB 6 (Caballero), which would create a new process allowing residential development on certain commercial and industrial sites, including allowing qualifying projects to use the streamlined application procedures of SB 35 (Wiener, 2017). The City has adopted an oppose position to this bill in accordance with its 2022 Legislative Platform, Land Use and Housing, policy statement 13: 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. 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. For the above reasons, the City of Tustin requests your veto of SB 6 (Caballero). DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D 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 DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D September _, 2022 The Honorable Gavin Newsom Governor, State of California 10210 Street, Suite 9000 Sacramento, CA 95814 SUBJECT: SB 922 (Wiener) California Environmental Quality Act: exemptions: transportation -related projects - Signature Request Dear Governor Newsom, The City of Tustin respectfully requests your signature of SB 922 (Wiener) 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 you 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. DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D For the above reasons, the City of Tustin requests your signature of AB 922 (Wiener). 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, cit.. letterskcacities.oriz Townsend Public Affairs DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D City of Tustin Priority State Legislation Matrix 2022 California State Legislative Session Updated 9.6.22 Bill Bill Summary Bill Status Position City Advocacy This bill would prohibit any state or local agency from arresting or assisting with the arrest, confinement, detention, transfer, interrogation, or deportation of an individual for an immigration enforcement purpose, as specified. The bill would additionally prohibit state or local agencies or courts from using immigration status as a factor to AB 937 (Carrillo) deny or to recommend denial of probation or participation in any diversion, Immigration rehabilitation, mental health program, or placement in a credit -earning program or Failed passage in Watch enforcement class, or to determine custodial classification level, to deny mandatory supervision, Senate or to lengthen the portion of supervision served in custody. The bill would authorize a person to bring an action for equitable or declaratory relief in a court of competent jurisdiction against a state or local agency or state or local official that violates these provisions, and would make those agencies or officials liable for actual and general damages and reasonable attorney's fees. AB 1445 (Levine) Planning and Would, commencing January 1, 2025, require that a council of governments, a zoning: regional delegate subregion, or the Department of Housing and Community Development, as Location: 9/7/2022-A. Watch housing need applicable, additionally consider among these factors emergency evacuation route ENROLLED allocation: climate capacity, wildfire risk, sea level rise, and other impacts caused by climate change. change impacts. Current law requires the Department of Veterans Affairs to acquire, study, design, develop, construct, and equip a state-owned and state -operated Southern California Veterans Cemetery in the County of Orange at one of 2 possible sites, as specified. Existing law requires the department to, after completing acquisition studies on both AB 1595 (Quirk sites, consult with the Department of General Services to determine which site to Status: 8/31/2022- Letter of Silva) — Veterans pursue based on the economic feasibility, benefits to veterans and City of Irvine Enrolled and Support Support sent Cemetery, County residents, and availability of each location. Current law makes honorably discharged presented to the on March 28 of Orange veterans, their spouses, and dependent children eligible for interment in the Governor at 4 p.m. cemetery, as specified. This bill would delete those site selection requirements and would instead require the department to acquire, study, design, develop, construct, and equip a state-owned and state -operated Southern California Veterans Cemetery in the County of Orange. Page 1 of 20 DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D AB 1748 (Seyarto) Exempt surplus land: regional housing need This bill would add to the definition of "exempt surplus land," surplus land that is zoned for a density of up to 30 residential units and is owned by a city or county that demonstrates adequate progress in meeting its share of regional housing need in its annual report, as specified, has constructed an adequate number of housing units to meet its share of regional housing need in the immediately preceding or current housing element cycle, as specified, or is designated as prohousing by the department. Failed passage in APPR Support in Concept Letter sent on May 18 Current law defines "injury" for an employee to include illness or death resulting from the 2019 novel coronavirus disease (COVID-19) under specified circumstances, until January 1, 2023. Existing law create a disputable presumption, as specified, that the Status: 8/30/2022 -In injury arose out of and in the course of the employment and is compensable, for Assembly. AB 1751 (Daly) specified dates of injury. Current law requires an employee to exhaust their paid sick Concurrence in Workers' leave benefits and meet specified certification requirements before receiving any Senate amendments compensation: temporary disability benefits or, for police officers, firefighters, and other specified pending. Senate Watch COVID-19: critical employees, a leave of absence. Existing law also make a claim relating to a COVID- amendments workers. 19 illness presumptively compensable, as described above, after 30 days or 45 days, concurred in. rather than 90 days. Current law, until January 1, 2023, allows for a presumption of Engrossing and injury for all employees whose fellow employees at their place of employment Enrolling. experience specified levels of positive testing, and whose employer has 5 or more employees. This bill would extend the above-described provisions relating to COVID- 19 until January 1, 2025. The Bagley -Keene Open Meeting Act, requires state bodies to allow all persons to Current Status: AB 1795 (Fong) attend meetings and provide an opportunity for the public to address the state body 4/29/22 Failed Open meetings: regarding any item included in its agenda, except as specified. This bill would require Deadline pursuant to Watch remote state bodies, subject to existing exceptions, to provide all persons the ability to Rule 61(b)(5). (Last participation. participate both in-person and remotely, as defined, in any meeting and to address location was G.O. on the body remotely. 2/18/2022) Page 2 of 20 DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D Page 3 of 20 Current law requires that the housing element of a county and city include, among other things, an inventory of land suitable and available for residential development. If the inventory of sites does not identify adequate sites to accommodate the need for groups of all household income levels, as provided, existing law requires that the AB 1830 (Seyarto): local government rezone sites within specified time periods. If the local government Current Status: 5/6/22 Planning and fails to adopt a housing element that the Department of Housing and Community Failed Deadline Letter of zoning: housing Development has found to be in substantial compliance with specified law within 120 pursuant to Rule Support Support in element: rezoning days of the statutory deadline for adoption of the housing element, existing law 61(b)(6). (Last location concept sent of sites. (A- requires the local government to complete this rezoning no later than one year from was A. H. & C.D. on on May 19 4/18/2022) the statutory deadline for adoption of the housing element. This bill would extend the 2/18/2022) above-described 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. Would prohibit a city, county, city and county, joint powers authority, or any other political subdivision of a state or local government from acquiring unrestricted AB 1850 (Ward) multifamily housing, as defined, unless each unit in the development meets specified Status: 7/5/2022 - Public housing: criteria, including that the aggregate initial rent for all units postconversion is at least Failed Deadline unrestricted 10% less than the average aggregate monthly rent charged for all units over the 12- pursuant to Rule Watch multifamily month period prior to conversion and at least 20% less than the small area fair 61(b)(14). (Last housing. market rent for at least half of the units. The bill would specify that those provisions location was S. GOV. do not apply to a development that is or will be subject to a regulatory agreement & F. on 6/22/2022) with the California Tax Credit Allocation Committee or the Department of Housing and Community Development. The California Integrated Waste Management Act of 1989, except as provided, defines "solid waste disposal," "disposal," or "dispose" to mean the final deposition of Status: 8/30/2022 -In solid wastes onto land, into the atmosphere, or into the waters of the state. The act, Assembly. with regard to integrated waste management plans, defines those terms to mean the Concurrence in AB 1857 (C. management of solid waste through landfill disposal, transformation, or EMSW Senate amendments Garcia) Solid conversion, at a permitted solid waste facility, and for the purposes of certain other pending. Senate Watch waste. provisions of the act, defines those terms to mean the final deposition of solid wastes amendments onto land. This bill would delete those exceptions to the act's general definition of concurred in. those terms and instead define those terms for purposes of the entire act to mean Engrossing and the final deposition of solid wastes onto land, into the atmosphere, or into the waters Enrolling. of the state, including, but not limited to, through landfill disposal, transformation, or EMSW conversion, at a permitted solid waste facility. Page 3 of 20 DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D Page 4 of 20 Would require each local government, as defined, to complete an inventory of public restrooms owned and maintained by the local government, either directly or by Status: 8/12/2022 - contract, that are available to the general population in its jurisdiction. The bill would Failed Deadline AB 1883 (Quirk require local governments to report their findings to the State Department of Public pursuant to Rule Silva) Public Health, which would be required to compile the information and to make the 61(b)(15). (Last Watch restrooms. inventory available in a searchable database on its internet website, as specified. location was APPR. The bill would require the database to be updated quarterly. The bill would require SUSPENSE FILE on the department to conduct educational outreach to the general public and 8/2/2022) homelessness service providers that the database is available on its internet website. Current law prohibits the operation of a motorized bicycle or a class 3 electric bicycle on a bicycle path or trail, bikeway, bicycle lane, equestrian trail, or hiking or AB 1909 recreational trail, as specified. Current law authorizes a local authority to additionally Status: 8/30/2022 - (Friedman) prohibit the operation of class 1 and class 2 electric bicycles on these facilities. This Enrolled and Watch Vehicles: bicycle bill would remove the prohibition of class 3 electric bicycles on these facilities and presented to the omnibus bill. would instead authorize a local authority to prohibit the operation of any electric Governor at 4 p.m. bicycle or any class of electric bicycle on an equestrian trail, or hiking or recreational trail. AB 1910 (C. Garcia) Publicly Requires HCD to administer a program to provide incentives in the form of grants to 5/20/22 Failed owned golf local agencies that enter into a development agreement to convert a golf course Deadline pursuant to courses: owned by the local agency into housing and publicly accessible open space. Rule 61(b)(8). (Last location was A. APPR. Watch conversion: Requires HCD to award funding in accordance with the number of affordable units a SUSPENSE FILE affordable local agency proposes to construct. on housing. 5/11/2022) (Reintroduced) Page 4 of 20 DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D Page 5 of 20 The Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to observe and provide comment. The act allows for meetings Status: 7/5/2022 - AB 1944 (Lee) to occur via teleconferencing subject to certain requirements, particularly that the Failed Deadline Local government: legislative body notice each teleconference location of each member that will be pursuant open and public participating in the public meeting, that each teleconference location be accessible to . (Rule 61 (Last Watch meetings. the public, that members of the public be allowed to address the legislative body at location location was each teleconference location, that the legislative body post an agenda at each 0 ) & F. on 6/8/2022) teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency's jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. This bill would require the agenda to identify any member of the legislative body that will participate in the meeting remotely. Page 5 of 20 DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D AB 1945 (Aguiar- Authorizes HCD to establish and administer the Affordable Disaster Housing Curry) Affordable Revolving Development and Acquisition Program to fund the predevelopment 5/20/22 Failed Disaster Housing expenses, acquisition, construction, reconstruction, and rehabilitation of property to Deadline pursuant to Revolving develop or preserve affordable housing in the state's declared disaster areas that Rule 61(b)(8). (Last Watch Development and have experienced damage and loss of homes occupied by or affecting lower income location was A. APPR. households. Requires HCD to establish an application process for community SUSPENSE FILE on Acquisition development financial institutions to apply for emergency short-term or temporary 4/6/2022) Program. loans under the program. Would create the Affordable Housing and High Road Jobs Act of 2022, which would make certain housing developments that meet specified affordability and site criteria and objective development standards a use by right within a zone where office, retail, or parking are a principally permitted use, and would subject these development AB 2011 (Wicks) projects to one of 2 streamlined, ministerial review processes. The bill would require Current Status: 9/6/22 Letter of Affordable a development proponent for a housing development project approved pursuant to Enrolled and Opposition Housing and High the streamlined, ministerial review process to require, in contracts with construction presented to the Oppose sent on May Road Jobs Act of contractors, that certain wage and labor standards will be met, including a Governor at 4 p.m. 19 2022 requirement that all construction workers be paid at least the general prevailing rate of wages, as specified. The bill would require a development proponent to certify to the local government that those standards will be met in project construction. By expanding the crime of perjury, the bill would impose a state -mandated local program. Page 6 of 20 DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D Page 7 of 20 Would enact the Social Housing Act and would create the California Housing Authority, as an independent state body, the mission of which would be to produce and acquire social housing developments for the purpose of eliminating the gap between housing production and regional housing needs assessment targets, as specified. The bill would prescribe a definition of social housing that would describe, in addition to housing owned by the authority, housing owned by other entities, as specified, provided that all social housing developed by the authority would be owned Status: 7/5/2022 - AB 2053 (Lee) The by the authority. The bill would prescribe the composition of the California Housing Failed Deadline Social Housing Authority Board, which would govern the authority, and would be composed of pursuant to Rule Watch Act. appointed members and members who are elected by residents of social housing 61(b)(14). (Last developments, as specified. The bill would prescribe the powers and duties of the location was S. GOV. authority and the board. The bill would provide that the authority is bound to revenue & F. on 6/22/2022) neutrality, as defined, and would require the authority to recover the cost of development and operations over the life of its properties through the mechanism of rent cross -subsidization, as defined. The bill would require the authority to prioritize the development of specified property, including vacant parcels and parcels near transit, and would prescribe a process for the annual determination of required social housing units. Would, upon appropriation of funds for this purpose in the annual Budget Act and until January 1, 2029, require the Board of State and Community Corrections to establish a grant program to provide $50,000,000 in grants to local law enforcement agencies to incentivize peace officers to work in local law enforcement agencies that 5/20/22 Failed AB 2062 (Salas) are in underserved communities and to live in the communities that they are serving. Deadline pursuant to Local law Would require grant funds to be used to provide a 5 -year supplement to peace Rule 61(b)(8). (Last enforcement hiring officer salaries in local law enforcement agencies that are in underserved location was A. APPR. Watch grants. communities that have had a homicide rate higher than the state average for the SUSPENSE FILE on past 5 years or more and where the peace officer lives within 5 miles of the office in 4/27/2022) which they work. Would require local law enforcement agencies that receive grants to report specified information to the board annually and would require the board to report to the Legislature and the Governor's office on the efficacy of the program, as prescribed, on or before July 1, 2028. Page 7 of 20 DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D Page 8 of 20 Current law prohibits affordable housing impact fees, including inclusionary zoning fees and in -lieu fees, from being imposed on a housing development's affordable units. This bill would prohibit affordable housing impact fees, including inclusionary zoning fees and in -lieu fees, from being imposed on a housing development's 5/20/22 Failed AB 2063 (Berman) density bonus units, unless the city, county, or city and county has adopted a local Deadline pursuant to Density bonuses: density bonus ordinance or established a local housing program on or before Rule 61(b)(8). (Last Watch affordable housing January 1, 2022, that allows for a density bonus of at least 50% for any for -sale or location was A. APPR. impact fees. rental housing development containing restricted affordable units that dedicates a on 4/20/2022) specified percentage of units for extremely low, very low, low-, or moderate -income households. By imposing new restrictions on the ability of a local government to impose affordable housing impact fees, the bill would impose a state -mandated local program. AB 2070 (Bauer - Kahan) Fire protection Would authorize a fire protection district, as defined, to require an electrical districts: electrical corporation or local publicly owned electric utility to notify the district at least 24 hours corporations and before performing scheduled, nonemergency hot work, deploying a safety and Current Location: Watch local publicly infrastructure protection team, or performing a prescribed or controlled burn within 7/5/22 S -DEAD owned electric the district's jurisdiction, except as provided. The bill would subject an electrical utilities: wildfire corporation that fails to provide that notice to a civil penalty of $500. mitigation: notice requirements. Page 8 of 20 DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D Page 9 of 20 Would prohibit a public agency from imposing a minimum automobile parking requirement, or enforcing a minimum automobile parking requirement, on residential, commercial, or other development if the development is located on a parcel that is AB 2097 within one-half mile of public transit, as defined. When a project provides parking (Friedman) voluntarily, the bill would authorize a public agency to impose specified requirements Status: 8/30/2022 - Residential and on the voluntary parking. The bill would prohibit these provisions from reducing, Senate amendments Oppose Unless Letter of commercial eliminating, or precluding the enforcement of any requirement imposed on a new concurred in. To Amended Opposition development: multifamily or nonresidential development to provide electric vehicle supply Engrossing and sent on April 6 parking equipment installed parking spaces or parking spaces that are accessible to persons Enrolling. requirements. with disabilities. The bill would exempt certain commercial parking requirements from these provisions if the requirements of the bill conflict with an existing contractual agreement of the public agency that was executed before January 1, 2023. Upon declaration of a shelter crisis, current law, among other things, suspends certain state and local laws, regulations, and ordinances, including those prescribing standards of housing, health, or safety to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. Current law, among other things, exempts from the California Environmental Quality Act specified actions by a state agency or a city, county, or city and county relating to land owned by a local government to be used for, or to provide financial assistance to, a homeless shelter constructed pursuant to these provisions, and provides that 5/20/22 Failed AB 2211 (Ting) homeless shelters constructed or allowed pursuant to these shelter crisis Deadline pursuant to Shelter crisis: declarations are not subject to specified laws, including the Special Occupancy Rule 61(b)(8). (Last Watch homeless shelters. Parks Act. Current law defines a "homeless shelter" as a facility with overnight location was A. APPR. sleeping accommodations, the primary purpose of which is to provide temporary SUSPENSE FILE on shelter for people experiencing homelessness that is not in existence after the 5/18/2022) declared shelter crisis. Current law provides that a temporary homeless shelter community may include supportive and self-sufficiency development services and that a homeless shelter includes a parking lot owned or leased by a city, county, or city and county specifically identified as one allowed for safe parking by homeless and unstably housed individuals. Current law repeals these provisions as of January 1, 2026. This bill would extend the repeal date of these provisions to January 1, 2030. Page 9 of 20 DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D Page 10 of 20 The Housing Accountability Act, among other things, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, specified housing development projects, including projects for very low, low, or moderate - income households and projects for emergency shelters, that comply with applicable, objective general plan, zoning, and subdivision standards and criteria in effect at the time the application for the project is deemed complete, unless the local agency makes specified written findings supported by a preponderance of the evidence in AB 2234 (R. Rivas) the record. The act authorizes a project applicant, a person who would be eligible to Planning and apply for residency in the housing development or emergency shelter, or a housing Status: 9/6/2022 - zoning: housing: organization to bring a lawsuit to enforce its provisions. This bill would require a local Enrolled and Watch post -entitlement agency to compile a list of information needed to approve or deny a postentitlement presented to the phase permit, as defined, to post an example of an ideal application and an example Governor at 4 p.m. phase permits. of an ideal complete set of postentitlement phase permits for the _ most common housing development projects in the jurisdiction, and to make those items available to all applicants for these permits no later than January 1, 2024. The bill would define "local agency" for these purposes to mean a city, county, or city and county. No later than January 1, 2024, except as specified, the bill would require a local agency to require permits to be applied for, completed, and stored through a process on its internet website, and to accept applications and related documentation by electronic mail until that internet website is established. 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 not necessary for the agency's Status: 8/30/2022 - AB 2319 (Bonta) use. Current law provides that an agency is not required to follow the requirements Senate amendments Surplus land: for disposal of surplus land for "exempt surplus land" except as provided. Current concurred in. To Watch former military law categorizes as "exempt surplus land" surplus land that a local agency is Engrossing and base land. transferring to another local, state, or federal agency for the agency's use. This bill "exempt Enrolling. would add to the definition of 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. Page 10 of 20 DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D Page 11 of 20 Current law prescribes requirements for the disposal of surplus land by a local agency, as defined, and requires, except as provided, a local agency disposing of surplus land to comply with certain notice requirements before disposing of the land or participating in negotiations to dispose of the land with a prospective transferee, Status: 7/5/2022 - particularly that the local agency send a notice of availability to specified entities that Failed Deadline Letter of AB 2357 (Ting) have notified the Department of Housing and Community Development of their pursuant to Rule Oppose Unless Opposition Surplus land interest in surplus land, as specified. Under current law, if the local agency receives 61(b)(14). (Last Amended sent on April a notice of interest, the local agency is required to engage in good faith negotiations location was S. GOV. 13 with the entity desiring to purchase or lease the surplus land. This bill would also & F. on 6/1/2022) require the department to maintain on its internet website a listing of all entities, including housing sponsors, that have notified the department of their interest in surplus land for the purpose of developing low- and moderate -income housing. Current law requires every motor vehicle subject to registration to be equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise and prohibits a muffler or exhaust system from being equipped with a cutout, bypass, or similar device. Current law further prohibits the modification of an exhaust system of a motor vehicle in a manner that will amplify or increase the noise emitted by the motor of the vehicle so that the vehicle exceeds existing noise limits when tested in accordance with specified standards. Current law authorizes a court to dismiss any action in which a person is prosecuted for Status: 8/30/2022- AB 2496 (Petrie operating a vehicle in violation of the requirements mentioned above if a certificate of Senate amendments Letter of Norris) Vehicles: compliance has been issued or if the defendant had reasonable grounds to believe concurred in. To Support Support sent S exhaust systems. that the exhaust system was in good working order and had reasonable grounds to Engrossing and May 19 believe that the vehicle was not operated in violation of the requirements mentioned Enrolling. above. Current law also prohibits a person from modifying the exhaust system of a vehicle with a whistle-tip, operating a vehicle that has been so modified, or engaging in the business of installing a whistle-tip onto the vehicle's exhaust system. This bill would require a court to require a certificate of compliance for a violation of the requirements mentioned above. The bill would require the court to notify the Department of Motor Vehicles to place a hold on the vehicle registration until the certificate of compliance is received by the court if the certificate is not provided to the court within 3 months of the violation date. Page 11 of 20 DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D Page 12 of 20 Would make 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 government Failed Deadline Peace officers: entity, state agency, or state department for the purpose of civilian oversight of pursuant to Rule Watch records. peace officers subject to disclosure pursuant to the California Public Records Act. 61(b)(5). (Last location The bill would require those records to be redacted only as specified. By increasing was JUD. on duties on local entities, this bill would create a state -mandated local program. 4/19/2022) The Subdivision Map Act excludes various projects from its provisions, including the leasing of, or the granting of an easement to, a parcel of land, or any portion of the land, in conjunction with the financing, erection, and sale or lease of a solar electrical Status: 8/29/2022 - AB 2625 (Ting) generation device on the land, if the project is subject to review under other local Approved by the Subdivision Map agency ordinances regulating design and improvement or if the project is subject to Governor. Chaptered Act: exemption: discretionary action by the advisory agency or legislative body. This bill would also by Secretary of State - Watch electrical energy exempt from the requirements of the Subdivision Map Act the leasing of, or the Chapter 212, Statutes storage system. granting of an easement to, a parcel of land, or any portion of the land, in conjunction of 2022. with the financing, erection, and sale or lease of an electrical energy storage system on the land, if the project is subject to discretionary action by the advisory agency or legislative body. AB 2630 (O'Donnell) Would require each city, county, and city and county that has used funds from any Status: 7/5/2022- Housing: state funding source to assist in addressing homelessness to complete a report and Failed Deadline California publish the report on its internet website providing specified information, or, pursuant to Rule Watch Interagency alternatively, publishing a local homelessness action plan on its internet website, 61(b)(14). (Last Council on thereby imposing a state -mandated local program. location was S. HUM. Homelessness: S. on 6/8/2022) report. AB 2631 The Government Claims Act establishes the liability and immunity of a public entity 5/6/22 Failed (O'Donnell) for its acts or omissions that cause harm to persons. This bill would provide that a Deadline pursuant to Government public entity is liable for injury relating to the effects of that public entity's Rule 61(b)(6). (Last Watch Claims Act. homelessness policies on another public entity. location was A. L. GOV. on 3/10/2022) Page 12 of 20 DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D Page 13 of 20 Current law makes agendas of public meetings and other writings distributed to the members of the governing board disclosable public records, with certain exceptions. Current law requires a local agency to make those writings distributed to the members of the governing board less than 72 hours before a meeting available for public inspection, as specified, at a public office or location that the agency designates. Current law also requires the local agency to list the address of the office or location on the agenda for all meetings of the legislative body of the agency. Status: 8/29/2022 - AB 2647 (Levine) Current law authorizes a local agency to post the writings on the local agency's Enrolled and Letter of Local government: internet website in a position and manner that makes it clear that the writing relates presented to the Support support sent open meetings. to an agenda item for an upcoming meeting. This bill would instead require a local Governor at 3:30 p.m. on 7/20/22 agency to make those writings distributed to the members of the governing board available for public inspection at a public office or location that the agency designates and list the address of the office or location on the agenda for all meetings of the legislative body of the agency unless the local agency meets certain requirements, including the local agency immediately posts the writings on the local agency's internet website in a position and manner that makes it clear that the writing relates to an agenda item for an upcoming meeting. Current law requires the Division of Boating and Waterways, in cooperation with the State Department of Education and other appropriate entities involved with water safety, to develop an aquatic safety program to be made available for use at an AB 2650 appropriate grade level in public elementary schools at no expense to the schools. (Arambula) The Current law requires the division to notify schools and school districts of the Status: 4/29/2022- Neng Thao availability of the aquatic safety program once it is developed. This bill would Failed Deadline Drowning authorize specified organizations to provide informational materials, in electronic or pursuant to Rule Watch Prevention Safety hard copy form, to a public elementary school regarding specified topics relating to 61(b)(5). (Last location drowning prevention. The bill would require, beginning with the 2022-23 school year, was ED. on 4/7/2022) Act. upon receipt of the informational materials, a public elementary school to provide the informational materials to parents, legal guardians, or caregivers of pupils in kindergarten to grade 3, inclusive, at the time the pupil enrolls at the school and at the beginning of each school year. Page 13 of 20 DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D Page 14 of 20 The Planning and Zoning Law, until January 1, 2026, authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process, as provided, and not subject AB 2668 (Grayson) to a conditional use permit, if the development satisfies specified objective planning Planning and standards. Current law authorizes a development proponent to request a zoning: housing: modification to a development that has been approved under the streamlined, Location: 8/31/2022-A. streamlined, ministerial approval process if the request is submitted before the issuance of the ENROLLMENT Watch ministerial final building permit required for construction of the development. This bill would prohibit a local government from determining that a development, including an approval. application for a modification, is in conflict with the objective planning standards on the basis that application materials are not included, if the application contains substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development, and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a housing element. Current law requires that the housing element include, among other things, an inventory of land suitable and available for residential development. If the inventory of sites does not identify adequate sites to accommodate the need for groups of all households pursuant to specified law, existing law requires the local government to rezone sites within specified time periods and that this rezoning accommodate 100% of the need for housing for very Letter of SB 6 (Caballero) low and low-income households on sites that will be zoned to permit owner -occupied Current Status: 9/6/22 opposition Local planning: and rental multifamilyresidential use b right forspecified developments. This bill, Enrolled and Oppose Unless unless housing: the Neighborhood Homes Act, would deem a housing development project, as presented to the Amended amended sent commercial zones. defined, an allowable use on a parcel that is within a zone where office, retail, or Governor at 3:30 p.m. on 7/20/22 parking are a principally permitted use, if the development and site meet specified requirements, including that the site is not adjacent to an industrial use or agricultural use. The bill would require the density for a housing development under these provisions to meet or exceed the density deemed appropriate to accommodate housing for lower income households according to the type of local jurisdiction, including a density of at least 20 units per acre for a suburban jurisdiction. The bill would require the housing development to meet all other local requirements, other than those that prohibit residential use, or allow residential use at a lower density than that required by the bill. Page 14 of 20 DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D Page 15 of 20 Current law prescribes requirements for the disposal of land determined to be surplus land by a local agency. Those requirements include a requirement that a local agency, prior to disposing of a property or participating in negotiations to dispose of that property with a prospective transferee, send a written notice of availability of the property to specified entities, depending on the property's intended use, and send specified information in regard to the disposal of the parcel of surplus land to the Department of Housing and Community Development. Current law, Current Status: among other enforcement provisions, makes a local agency that disposes of land in 8/31/22 Failed Letter of SB 361 (Umberg) violation of these disposal provisions, after receiving notification of violation from the Deadline pursuant to opposition Surplus land: o department, liable for a penalty of 30% of the final sale price of the land sold in Rule 61(b)(18). (Last Oppose Unless unless Orange County o violation for a first violation and 50% for any subsequent violation. Under current law, location was Amended amended sent except as specified, a local agency has 60 days to cure or correct an alleged INACTIVE FILE on on 7/20/22 violation before an enforcement action may be brought. Current law provides for the 8/18/2022) deposit and use of penalty revenues for housing, as prescribed. This bill would require the County of Orange, or any city located within Orange County, if notified by the department that its planned sale of surplus land is in violation of existing law, to cure or correct the alleged violation within 60 days, as prescribed. The bill would prohibit an Orange County jurisdiction that has not cured or corrected any alleged violation from disposing of the parcel until the department determines that it has complied with existing law or deems the alleged violation not to be a violation. The Planning and Zoning Law authorizes a local agency, by ordinance or ministerial SB 897 approval, to provide for the creation of accessory dwelling units in areas zoned for (Wieckowski) residential use, as specified. Current law authorizes a local agency to impose Accessory standards on accessory dwelling units that include, but are not limited to, parking, Location: 8/31/2022-S. dwelling units: height, setback, landscape, architectural review, and maximum size of a unit. This ENROLLMENT Watch bill would require that the standards imposed on accessory dwelling units be junior accessory objective. For purposes of this requirement, the bill would define "objective standard" dwelling units. as a standard that involves no personal or subjective judgment by a public official and is uniformly verifiable, as specified. Page 15 of 20 DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D Page 16 of 20 The California Environmental Quality Act (CEQA) until January 1, 2030, exempts from its requirements bicycle transportation plans for an urbanized area for restriping SB 922 (Wiener): of streets and highways, bicycle parking and storage, signal timing to improve street California and highway intersection operations, and related signage for bicycles, pedestrians, Current Status: Environmental and vehicles under certain conditions. This bill would delete the requirement that the 8/23/22 Enrolled and Letter of Quality Act: bicycle transportation plan is for an urbanized area. The bill would extend the presented to the Support Support sent Exemption: exemption to an active transportation plan or pedestrian plan. The bill would define Governor at 12:30 on April 6 Transportation- "active transportation plan" and "pedestrian plan." The bill would specify that p.m. Related Projects individual projects that are a part of an active transportation plan or pedestrian plan remain subject to the requirements of CEQA unless those projects are exempt by another provision of law. Current law prohibits a local agency from disapproving a housing development project for very low, low-, or moderate -income households or from conditioning Status: 8/31/2022 - approval in a manner that renders the housing development project infeasible for Failed Deadline SB 930 (Wiener) very low, low-, or moderate -income households, unless it makes specified written pursuant to Rule Housing findings that either (1) the jurisdiction has met its share of the regional housing need 61(b)(18). (Last Watch Accountability Act. or (2) the project would have a specific, adverse impact upon the public health or location was safety, and there is no feasible method to satisfactorily mitigate or avoid the specific RECONSIDERATION adverse impact. This bill would clarify that the above-described prohibitions also on 8/16/2022) apply to a housing development project for extremely low income households. Page 16 of 20 DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D Page 17 of 20 Current law establishes various programs and funding sources administered by the Department of Housing and Community Development to enable the development of affordable housing, including the Building Homes and Jobs Act, the Multifamily Housing Program, the Housing for a Healthy California Program, and the Veterans Housing and Homeless Prevention Act of 2014. Under current law governing the State Community Development Block Grant Program, the department is required to SB 948 (Becker) distribute funds made available under the program in order to provide decent Housing finance housing, a suitable living environment, and expand economic opportunities, Status: 8/30/2022 - consistent with federal requirements. Current federal law also establishes the HOME Enrolled and Watch programs: Investment Partnership Program to, among other things, expand the supply of presented to the development affordable housing. Existing law designates the department as the state agency Governor at 3 p.m. reserves. responsible for administering the HOME Investment Partnership Act. This bill would prohibit the department from requiring a project -specific transition reserve, as defined, for any unit subject to a qualified project rental or operating subsidy. This bill would create the Pooled Transition Reserve Fund and would continuously appropriate moneys in that fund to the department for the purpose of maintaining a pooled transition reserve to mitigate the impacts on tenant rents from the loss or exhaustion of rental or operating subsidies. Current law confers the powers of the State Lands Commission as to leasing or granting of rights or privileges to lands owned by the state upon a local trustee of granted public trust lands to which those lands have been granted. Current law authorizes the commission to let leases for the extraction of oil and gas from coastal tidelands or submerged lands in state waters and beds of navigable rivers and lakes 5/20/22 Failed SB 953 (Min) Oil within the state in accordance with specified laws. Current law prohibits the and gas leases: commission or a local trustee, as defined, of granted public trust lands from entering Deadline pursuant to Rule 61(b)(8). (Last state waters: State into any new lease or other conveyance authorizing new construction of oil- and gas- location was Watch Lands related infrastructure upon tidelands and submerged lands within state waters FI SUSPENSE FLEEn Commission. associated with Pacific Outer Continental Shelf leases issued after January 1, 2018. oon 5/9/2022) This bill would require the commission to conduct an amortization study of the oil and gas leases in state waters for which it is the lessor in order to determine the market value of these leases andfice, retail, or parking are a principally permitted use, if the development and site meet specified requirements, including that the site is not adjacent to an industrial use or agricultural use. The bill would require th Page 17 of 20 DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D SB 980 (Wiener) Alcoholic beverage licenses. The Alcoholic Beverage Control Act, contains various provisions regulating the application for, the issuance of, the suspension of, and the conditions imposed upon alcoholic beverage licenses by the Department of Alcoholic Beverage Control. This bill would prohibit the department from denying the issuance of a retail license solely on the basis that the premises are located within 100 feet of a residence. 5/20/22 Failed Deadline pursuant to Rule 61(b)(8). (Last location was S. APPR. SUSPENSE FILE on 5/9/2022) Watch Would prohibit a city, county, or city and county from imposing any minimum automobile parking requirement on a housing development project, as defined, that is located within 1/2 mile of public transit, as defined. The bill, notwithstanding the SB 1067 above-described prohibition, would authorize a city, county, or city and county to Status: 8/12/2022- (Portantino) impose or enforce minimum automobile parking requirements on a housing Failed Deadline Housing development project if the local government demonstrates to the developer, within development 30 days of the receipt of a completed application, that the development would have a pursuant to Rule projects: negative impact, supported by a preponderance of the evidence, on the city's, 61(b)(15). (Last Watch automobile county's, or city and county's ability to meet its share of specified housing needs or location was APPR. SUSPENSE FILE SUSPENSE parking existing residential or commercial parking within 1/2 mile of the housing on requirements. development. The bill would create an exception from the above-described provision 8/3/2022) if the development either dedicates a minimum of 20% of the total number of housing units to very low, low-, or moderate -income househofice, retail, or parking are a principally permitted use, if the development and site meet specif Current law requires every motor vehicle subject to registration to be equipped with an adequate muffler in constant operation and properly maintained to prevent any SB 1079 excessive or unusual noise and prohibits a muffler or exhaust system from being (Portantino) equipped with a cutout, bypass, or similar device. Current law further prohibits the Status: 9/6/2022 - Vehicles: sound- modification of an exhaust system of a motor vehicle in a manner that will amplify or Enrolled and Watch activated increase the noise emitted by the motor of the vehicle so that the vehicle exceeds presented to the enforcement existing noise limits when tested in accordance with specified standards. This bill Governor at 3:30 p.m. devices. would authorize 6 unspecified cities to conduct a pilot program, as specified, using sound -activated enforcement devices, as defined, to capture vehicle noise levels that exceed the legal limits described above. Page 18 of 20 DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D Page 19 of 20 The Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. Current law requires every agenda for regular meetings of a local agency to provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body's consideration of the item, that is Status: 8/22/2022 - within the subject matter jurisdiction of the legislative body. Current law authorizes Approved by the SB 1100 (Cortese) the legislative body to adopt reasonable regulations to ensure that the intent of the Governor. Chaptered Open meetings: provisions relating to this public comment requirement is carried out, including, but by Secretary of State. Watch orderly conduct. not limited to, regulations limiting the total amount of time allocated for public Chapter 171, Statutes testimony on particular issues and for each individual speaker. Current law of 2022. authorizes the members of the legislative body conducting the meeting to order the meeting room cleared and continue in session, as prescribed, if a group or groups have willfully interrupted the orderly conduct of a meeting and order cannot be restored by the removal of individuals who are willfully interrupting the meeting. This bill would authorize the presiding member of the legislative body conducting a meeting to remove an individual for disrupting the meeting. Current law requires a housing element to include, among other things, an inventory SB 1292 (Stern) of land suitable and available for residential development. Current law imposes Status: 5/6/2022 - Land use: various requirements on a city, county, or city and county upon receiving an Failed Deadline development application for a housing development project meeting certain standards. This bill pursuant to Rule restriction: fire would authorize a city, county, or city and county to restrict the development of 61(b)(6). (Last location Watch hazard severity residential housing in moderate, high, and very high fire hazard severity zones, as was S. HOUSING on zones. defined, if the city, county, or city and county adopts a plan, as specified, ensuring 3/2/2022) the production of at least double the number of residential units not developed as a result of the restriction. Page 19 of 20 DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D Page 20 of 20 Current law requires all sheriffs to execute all lawful orders of a department in their counties. Current law authorizes each sheriff to enforce all orders of the State Department of Public Health or of the local health officer issued for the purpose of Status: 4/29/2022- SB 1464 (Pan) Law preventing the spread of any contagious, infectious, or communicable disease. Failed Deadline enforcement: Current law authorizes each peace officer of every political subdivision of the county pursuant to Rule public health to enforce within the area subject to their jurisdiction all orders of the State 61(b)(5). (Last location Watch orders. Department of Public Health or of the local health officer issued for the purpose of was HEALTH on preventing the spread of any contagious, infectious, or communicable disease. This 3/9/2022) bill would instead require those sheriffs and peace officers to enforce those orders. By expanding the duties of local law enforcement, this bill would create a state - mandated local program. Page 20 of 20 DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D CITY OF TUSTIN 2022 LEGISLATIVE PLATFORM The Mayor and City Manager are authorized to submit advocacy letters on behalf of the City if 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. DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D 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. FA DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D 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. 3 DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D 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. M DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D 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. 5