HomeMy WebLinkAbout09 LEGISLATIVE UPDATEDocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D
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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
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Agenda Report — Legislative Update
September 20, 2022
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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
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Agenda Report — Legislative Update
September 20, 2022
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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
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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
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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
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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
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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
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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.
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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."
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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
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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
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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
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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
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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
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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
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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.
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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)
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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)
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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CITY OF TUSTIN
2022 LEGISLATIVE PLATFORM
The Mayor and City Manager are authorized to submit advocacy letters on behalf of the City 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.
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POLICY STATEMENTS
Local Governance
1. Oppose State or Federal efforts to "borrow" local revenues and encourage the State to
find other methods of balancing its budget.
2. Support local government action, rather than the imposition of state, federal or regional
mandates upon local governments, as well as federal mandates placed on the state.
3. Support maximum flexibility for local government in contracting and contract negotiations.
4. Support open government initiatives as well as the principles of the open meetings
provisions of the Ralph M. Brown Act at all levels of government.
5. Support legislation that facilitates the flexibility of local governments to share resources to
increase efficiencies and decrease costs.
6. Support legislation that preserves the ability of local governments to determine the
appropriate type of election and representation for their jurisdiction.
7. Oppose and monitor efforts to increase City contribution cost to CalPERS.
8. Support the reimbursement of local governments for COVID-19 related expenses,
including the need for essential public safety service overtime, personal protective
equipment, and small business relief.
9. Support and monitor efforts to increase the City's ability to recover payment related fees
from customers
Economic Development
10. Support international, statewide, regional, and local efforts to attract, retain and provide
resources for current and future commercial and industrial businesses.
11. Support policies and programs that encourage working with other cities, counties and
government agencies to jointly leverage resources and assets to create and strengthen
economic clusters within the region.
12. Support economic development initiatives that preserve and enhance a positive business
climate and maintain and grow the business tax base.
13. Support policies and initiatives that will facilitate development of City owned property,
including Tustin Legacy and Pacific Center East. Oppose policies and initiatives that run
counter.
Land Use Planning and Housing
14. Oppose legislation, proposals, or regulations that impose regional, state, or federal growth
development or land use planning standards within the City without the City's direct input.
FA
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15. Oppose legislation, proposals, or regulations that penalize local governments for
noncompliance with their housing element or regional housing needs assessment
requirements.
16. Support efforts to provide flexibility to local governments as well as resources for local
governments to allow them to submit compliant housing elements.
17. Support housing measures that promote the development and enhancement of safe and
affordable housing and accessible housing within the City for all economic segments of
the population, while still retaining local control.
18. Monitor local, state, and federal actions related to medical and recreational marijuana
regulatory changes.
19. Support local control over the licensure and regulation of alcoholism or drug abuse
recovery or treatment facilities.
20. Oppose legislation that would erode local control over City owned property, including
Tustin Legacy and Pacific Center East.
21. Support proposals that provide funding or tools to preserve historic neighborhoods and
structures.
22. Oppose proposals that increase requirements and place undue burdens on the City with
regard to the Surplus Land Act and Tustin Legacy.
23. Oppose efforts that require the City to ministerially approve housing development projects
without adequate input from local agencies or a robust public engagement process.
Parks and Recreation
24. Oppose efforts that erode funding for vital regional and community services that negatively
impact Californian's access to parks, open space, bike lanes and bike ways, after school
programming, senior services and facilities that promote physical activity and protect
natural resources.
25. Support efforts that strengthen policies to fund parks, open space acquisitions, bike lanes,
and active transportation opportunities.
26. Promote local agency control over policies that recognize the benefits of parks and
recreation facilities.
27. Support efforts to increase funding, accessibility and programs for seniors.
Public Works
28. Support increased State and Federal funding of transportation improvements with regional
or sub -regional benefits for all modes of transportation.
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29. Support protection of dedicated transportation -related tax revenues and enhance the
ability of local agencies to finance local transportation programs and facilities.
30. Support all efforts to create efficiencies within CEQA.
31. Support measures and reforms which streamline the CEQA process for the development
of housing and mixed-use infill projects that support transit.
32. Support legislation that allows local governments to continue to retain full authority to
reject projects or to condition project approvals and impose mitigation measures.
33. Support efforts to facilitate public private partnerships to complete development projects.
34. Oppose efforts to remove City representation on regional boards that oversee water,
drainage and/or sewage.
35. Support efforts that fund broadband infrastructure.
36. Support efforts that assist the City in meeting its waste and recycling mandates and adding
flexibility to comply with state regulations.
Water Quality and Water Supply
37. Support and monitor legislation that increases the availability of, and funding for, water
conservation, water reuse technologies, water recycling, local water storage and other
water supply technologies such as the Groundwater Replenishment System project.
38. Support the enhancement of a reliable and sustainable water supply for California as well
as measures that improve water quality in the region.
39. Monitor the development of a State framework for long term water conservation measures.
40. Support policy development, funding and research for water conservation, addressing
urban runoff and beach closures and required programs associated with OC NPDES
permits.
41. Support efforts to address long term water resiliency and affordability without
implementing a statewide water tax.
42. Oppose efforts that restrict or eliminate local permitting and enforcement of water quality
measures.
43. Oppose efforts that unilaterally reduces the indoor water use standards without the input
of local and regional stakeholders.
Human Resources and Risk Management
44. Oppose measures that reduce local control over employee relations issues or mandate
new or enhanced local government employee benefits.
M
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45. Support pension reform measures designed to control or decrease employer liability or
increase transparency in reporting without imposing undo hardships or administrative
burdens on local government.
46. Oppose redundant or unnecessary proposals that require excessive human resources
burdens without sufficient reimbursement.
Public Safety
47. Support measures that encourage community safety and well-being including those which
support state and federal reimbursement of homeland security related expenses.
48. Oppose legislation that places burdensome restrictions on law enforcement and limits their
ability to protect public safety.
49. Oppose legislative attempts at early release of incarcerated prisoners and measures that
would further de -criminalize non-violent offenses.
50. Support funding for local mitigation related to Proposition 47 and Proposition 57
51. Support initiatives involving county, state, and federal governments to reduce and prevent
homelessness in Orange County.
52. Support measures that provide funding and local resources for wildfire fire prevention,
suppression, and mitigation.
53. Support local control over adult entertainment facilities, alcohol establishments and
properties where illegal drugs are sold.
54. Support local control for the regulation of cultivation, storage, manufacture, transport and
use of medicinal and recreational marijuana and monitor legislative and administration
activity to create a regulatory structure for medical and adult use.
55. Support legislation increasing resources and local authority for abatement of public
vandalism, especially graffiti.
56. Support regional and state proposals to increase funding for locally operated homeless
shelters.
57. Oppose efforts to limit the City's ability to enforce parking rules and regulations and
recover the costs of doing so.
58. Support efforts that adds de-energization to the list of conditions that constitutes a state
and local emergency.
59. Oppose efforts that changes the certification framework for public safety personnel and
subjecting the City to additional litigation.
5