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HomeMy WebLinkAbout06 LEGISLATIVE UPDATEAgenda Item _______ Reviewed: City Manager _______ Finance Director _______ MEETING DATE: APRIL 4, 2023 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: MATTHEW S. WEST, CITY MANAGER SUBJECT: LEGISLATIVE UPDATE SUMMARY: Staff and the City’s consultant Townsend Public Affairs (TPA) have prepared a summary of state legislative activity. RECOMMENDATION: 1.Take an OPPOSE UNLESS AMENDED position on AB 480 (Ting) Surplus land 2.Take a SUPPORT position on AB 1505 (Rodriguez) Seismic retrofitting: soft story multifamily housing 3.Take an OPPOSE UNLESS AMENDED position on SB 34 (Umberg) Surplus land disposal: violations: Orange County 4.Take a SUPPORT position on SB 44 (Umberg) Controlled substances 5.Take an OPPOSE UNLESS AMENDED position on SB 423 (Wiener) Streamlined housing approvals: multifamily housing developments 6.Take a SUPPORT position on SB 747 (Caballero) Land use: economic development: surplus land 7.Receive and file the updated legislative matrix as of March 24 8.Receive and file legislative update prepared by TPA FISCAL IMPACT: Not applicable. AGENDA REPORT 6 N/A DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 Agenda Report – Legislative Update April 4, 2023 Page 2 DISCUSSION: State Legislative Updates TPA has created a summary of state legislative activity for the month of March that is attached to the staff report. Recommended Position on Legislation Staff and TPA are recommending the following positions on bills. A draft letter is attached to the staff report. AB 480 (Ting) Surplus land - Summary: Makes additional changes to the Surplus Land Act (SLA) without addressing substantive issues with the SLA as it exists today. - Recommended Position: Oppose Unless Amended AB 1505 (Rodriguez) Seismic retrofitting: soft story multifamily housing - Summary: Grants $250,000,000 from the State General Fund in the 2023–24 Budget Act to the Seismic Retrofitting Program for Soft Story Multifamily Housing Fund. - Recommended Position: Support SB 34 (Umberg) Surplus land disposal: violations: Orange County - Summary: Makes significant changes to the Surplus Lands Act applicable only to Orange County. - Recommended Position: Oppose Unless Amended SB 44 (Umberg) Controlled substances - Summary: Requires a person who is convicted of crimes related to controlled substances to receive a written advisory of the danger of manufacturing or distribution of controlled substances and that, if a person dies because of that action, the manufacturer or distributor can be charged with voluntary manslaughter or murder. - Recommended Position: Support SB 423 (Wiener) Streamlined housing approvals: multifamily housing developments DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 Agenda Report – Legislative Update April 4, 2023 Page 3 - Summary: Greatly expands SB 35 (Chapter 366, Statutes of 2017) provisions and eliminates the Jan. 1, 2026 sunset date. - Recommended Position: Oppose Unless Amended SB 747 (Caballero) Land use: economic development: surplus land - Summary: Makes changes to the Surplus Land Act (SLA) by addressing substantive issues with the SLA as it exists today, and reaffirms the role of the Economic Opportunity Law when local agencies dispose of property. - Recommended Position: Support Legislative Tracking Matrix Attached is a legislative tracking matrix as of March 24 that tracks bills of interest as well as bills tracked by the League of California Cities (LOCC), the Municipal Water District of Orange County (MWDOC) and other state and local associations. Attachments: - TPA March 2023 update - Draft AB 480 letter - Draft AB 1505 letter - Draft SB 34 letter - Draft SB 44 letter - Draft SB 423 letter - Draft SB 747 letter - Legislative Matrix as of March 24 - 2023 Legislative Platform DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 Page 1 M E M O R A N D U M To: City of Tustin From: Townsend Public Affairs Date: March 27, 2023 Subject: March Monthly Report STATE LEGISLATIVE UPDATES In March, the Legislature continued its quick pace of considering legislation and amending bills, which included numerous policy committee hearings, including the Assembly Public Safety Committee, which featured several measures related to retail theft and firearms, and the Senate Housing Committee, which saw the passage of notable statewide housing bills like SB 423 (Weiner). Next month will feature several high-priority committee hearings, including the consideration of statewide transportation requirements in the Assembly Transportation Committee, the consideration of surplus land act modifications in the Assembly Housing and Community Development Committee, and local government measures in the Senate Governance and Finance Committee. Legislature and Governor Strike Compromise on Oil Price Accountability Bill, Expedite its Legislative Process The Governor and the Legislature announced they reached a compromise on a measure to hold oil distributors accountable for recent price hikes over the past year. The measure (SBX1-2), initiated by the Governor’s declared special session, has sailed through the legislative process under an expedited timeline. Authored by Senator Nancy Skinner (D-Berkeley) and co-sponsored by Attorney General Rob Bonta, the measure creates a dedicated, 24/7 independent watchdog to root out price gouging by oil companies, and authorizes a penalty to hold the industry accountable. Specifically, the measure Creates a new independent watchdog within the California Energy Commission (CEC) charged with monitoring California’s petroleum market on a daily basis to ensure market participants do not engage in price gouging activities. If the oversight agency identifies bad actors, the measure authorizes the CEC to set a price gouging penalty via a public rulemaking process that deters excessive pricing. The measure passed the Senate and is pending its first Assembly policy committee hearing in the Utilities and Energy Committee. Several procedural rules have been waived to ensure its expedited process. It is likely the measure could be signed into law as early as the coming week, DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 Page 2 Governor Newsom Announces the Easement of Drought Restrictions On March 24, Governor Newsom announced the state’s plan to ease previous Emergency Drought Restrictions. The following restrictions have been eased, while some have been maintained in line with the States’ water preservation measures: • Ends the voluntary 15% water conservation goal, continues to encourage using water wisely; • Ends requirement that local water agencies implement level 2 drought contingency plans; • Maintains ban on wasteful water uses, like watering ornamental grass on commercial grounds; • Preserves current emergency orders focused on groundwater supply; • Maintains orders on specific watersheds that have not benefited as much from recent rains; • Retains state of emergency for all 58 counties so response and recovery efforts can continue. These actions come as the state announced increased water deliveries to 29 public water agencies that serve 27 million Californians, now expecting to deliver 75% of requested water supplies – up from 35% announced in February, and the highest since 2017. While the winter storms have mitigated some issues related to the drought, the Governor iterated that regions and communities across the state continue to experience water supply shortages, especially communities that rely on groundwater supplies that have been severely depleted in recent years. Tax Filing Deadline Pushed Again to October 16 Californians affected by the recent winter storms have been granted an unprecedented tax filing extension of October 16, 2023. The deadline extension applies to counties that include almost all of the state’s population, including residents and businesses in Los Angeles, San Diego, Orange, Riverside, San Bernardino, Santa Clara, Alameda, San Francisco, and Sacramento Counties. The Internal Revenue Service (IRS) announced it would grant a five-month extension to October for tax filers in these areas. Knowing that filing federal income tax returns is a prerequisite for filling out state income tax returns, California’s Franchise Tax Board (FTB) announced it would align its tax filing deadline with the federal government to October 16 as well. What this means for the State Budget: It is expected that many high-income taxpayers and large corporations will continue not paying income taxes to FTB until the end of the tax deadline extension in October. Consequently, tens of billions of dollars of tax payments are likely to be delayed. The personal income tax makes up about 61% of state general fund revenues. This includes taxes from individuals and from sole proprietorships, partnerships, S corporations and limited liability companies that file business income on personal tax returns. Ultimately, this delay will prolong the uncertainty policymakers are already facing around what revenues they’ll have to work with in the coming fiscal year. The anticipated budget deficit and final decisions on priority spending programs will likely not be flushed out come June when the Budget must be passed by the Legislature pursuant to Constitutional deadlines. However, budget experts note that the state is well-positioned to weather cash-flow interruptions with reserve funds. DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 Page 3 FEDERAL LEGISLATIVE UPDATES Federal Agencies Convene Law Enforcement and Behavioral Health Leaders to Discuss the Future of 988 Crisis Line The U.S. Department of Justice’s Office of Justice Programs’ Bureau of Justice Assistance (BJA) and the Substance Abuse and Mental Health Services Administration (SAMHSA) are working with The Council of State Governments (CSG) Justice Center to effectively implement the 988 crisis line and its role within law enforcement agencies. 988 is the 3-digit code for people to reach the National Suicide & Crisis Lifeline, which has the potential to be a powerful tool for behavioral health diversion by increasing opportunities to connect callers with needed health-first services when appropriate. Building on that objective, three major themes emerged about how to actualize this shared vision. 1. A continued commitment from federal agencies is critical to the success of 988 nationwide. 2. Meaningful cross-system collaboration requires trust among partners and a shared understanding across systems. 3. Equity and access are central to the shared vision of 988. Insights gained from the initiated meetings will inform an upcoming roadmap, which will include a suite of training, technical assistance, and policy resources responsive to the crisis needs defined by the people leading efforts across the country. President Biden Releases FY24 Budget President Biden released the FY24 budget proposal outlining his vision to build on the Administration’s work of lowering costs for families, protecting and strengthening Social Security and Medicare, reducing the deficit, and more. The $6.8 trillion budget proposal for FY2024 includes tens of billions of dollars in new spending and tax increases, which face pushback from Congressional Republicans. The President’s proposal would increase spending by $400 billion from last year. The proposal calls for new taxes on wealthy Americans and corporations and using those funds to help extend Medicare’s solvency by 25 years. The proposed budget increases defense spending by $26 billion to a total of $842 billion, a 3.2% increase from last year. The Homeland Security Department would get $4.7 billion to help respond to the migration surge at the U.S.- Mexico border. Additional federal agencies would see double-digit spending boosts including proposed spending increases to: Agriculture 14%; Commerce 11%; Education and Energy 13.6%; HHS 11.5%; Interior 9.3%; Justice 5.9%; Labor 11.5%; State 11%; Transportation 6.7%; and Treasury 15%. The budget brings back some of the administration’s original goals of Build Back Better, to build off the success of the Inflation Reduction Act. These include additional education, housing, and climate provisions. Highlighted provisions include: Housing and Housing Assistance DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 Page 4 • $59 billion in mandatory funding and tax incentives aimed at increasing the affordable housing supply, including for extremely low-income households. Includes $10 billion in mandatory funding to incentivize State, local, and regional jurisdictions to make progress in removing barriers to affordable housing developments, such as restrictive zoning. The Budget also includes $10 billion in mandatory funding for a new First-Generation Down Payment Assistance program. And the Budget expands access to affordable rent through the Housing Choice Voucher (HCV) program to well over 200,000 additional households— including guaranteed assistance for all 20,000 youth who age out of foster care annually and an incremental expansion to cover the 450,000 extremely low-income (ELI) veteran families nationwide. • $4.1 billion for the Low Income Home Energy Assistance Program (LIHEAP), building on the $13 billion provided in the Inflation Reduction Act to reduce energy bills for families, expand clean energy, transform rural power production, and create thousands of good- paying jobs for people across rural America. Since the Low Income Household Water Assistance Program (LIHWAP) expires at the end of 2023, the Budget proposes to expand LIHEAP funding and allow States the option to use a portion of their LIHEAP funds to provide water bill assistance to low-income households. Public Safety • Continued funding to the President’s comprehensive Safer America Plan, including funding to put 100,000 additional police officers on our streets for accountable, community-oriented policing; $19.4 billion over 10 years for crime prevention strategies; and $5 billion over 10 years for community violence interventions. The Budget also includes $17.8 billion for DOJ law enforcement, including a total of nearly $2 billion for the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to expand multijurisdictional gun trafficking strike forces with additional personnel, increase regulation of the firearms industry, and implement the Bipartisan Safer Communities Act. The Budget also includes $1.9 billion for the U.S. Marshals Service to support personnel dedicated to fighting violent crime, as well as $51 million to the Federal Bureau of Investigation (FBI) to support the continued implementation of enhanced background checks required by the Bipartisan Safer Communities Act. • Enhances Border Security and Immigration Enforcement. Strengthening border security and providing safe, lawful pathways for migration remain top priorities for the Administration. The Budget includes nearly $25 billion for U.S. Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE). The Budget includes funds for CBP to hire an additional 350 Border Patrol Agents, $535 million for border technology at and between ports of entry, $40 million to combat fentanyl trafficking and disrupt transnational criminal organizations, and funds to hire an additional 460 processing assistants at CBP and ICE. Climate Resiliency and Disaster Preparedness DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 Page 5 • $4.5 billion in clean energy across America. The Budget supports clean energy workforce development and sustainable infrastructure projects across the country, including $1.8 billion to weatherize and retrofit low-income Americans’ homes. • More than $24 billion to help build communities’ resilience to floods, wildfires, storms, extreme heat, and drought brought on by climate change, expand conservation and ecosystem management, strengthen America’s natural disaster response capabilities, increase the resilience of rural housing to the impacts of climate change while reducing rent burdens, and ensure the resilience of our nation’s defense to climate change. • Increased investment to tackle the Wildfire crisis. FY 2024 budget request for the Department of the Interior’s (DOI) wildland fire and hazardous fuels management totals $1.33 billion, and for the Department of Agriculture (USDA) Forest Service’s wildland fire and hazardous fuels management totals $2.97 billion. These investments are designed to increase firefighters’ pay, expand firefighting capacity, and enhance support for firefighter health and wellbeing. Federal Legislation Introduced to Address Wildfire Risk Senator Michael Bennet (D-CO) – the chairman of the Agriculture Committee’s Subcommittee on Conservation, Climate, Forestry, and Natural Resources – introduced legislation (S. 540) that seeks to reduce the wildfire risk in the West. Among other things, S. 540 would establish an Outdoor Restoration & Watershed Fund to increase support for local efforts to restore forests and watersheds, clean up public lands, enhance wildlife habitat, remove invasive species, and expand outdoor access. The legislation also would establish an advisory council to determine funding priorities, coordinate with existing regional efforts, and provide oversight. The measure also includes funds for grant programs to assist local governments in restoration and fire mitigation projects. USDOT’s Federal Railroad Administration Announces New Safety Initiative with a Focus on Hazardous Materials Federal Railroad Administration (FRA) Administrator Amit Bose announced a national initiative for focused inspections on routes that carry high-hazard flammable trains (HHFTs) and other trains carrying large volumes of hazmat commodities. Working with USDOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA), FRA will identify these routes and prioritize them for inspection beginning immediately. The inspections will start in East Palestine, Ohio, and expand to communities nationwide. DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 April XX, 2023 The Honorable Philip Y. Ting 1021 O Street, Suite 8230 Sacramento, CA 95814 SUBJECT: AB 480 (Ting) Notice of Opposition Unless Amended Dear Assembly Member Ting: The City of Tustin (City) regrets to inform you of its oppose unless amended position on AB 480, which makes additional changes to the Surplus Land Act (SLA) without addressing substantive issues with the SLA as it exists today. The City has adopted an oppose unless amended position to this bill in accordance with its 2023 Legislative Platform, Land Use and Housing, policy statement 25: Oppose proposals that increase requirements and place undue burdens on the City with regard to the Surplus Land Act and Tustin Legacy. Since AB 1486 (Ting) took effect in 2020, local agencies like the City have been endeavoring to not only understand portions of the SLA that are unclear or in conflict with other state laws, but to also comply in good faith. AB 480, if intended to address some of the issues within the existing SLA, should also address additional issues that have been ignored or implemented incorrectly, including: 1. Former Federal Military Bases The definition of “Agency’s Use” in the SLA should be revised to include former military base property deeded to a local agency from the Federal Government through a contract between the local agency and Federal Government detailing how the property is to be disposed. In the case of Tustin Legacy (former MCAS Tustin), in 2002 the City received over 1,100 acres from the Federal Government as a result of the Federal Base Closure Act. Since then, the City entered into a Federal Reuse plan for the base and adopted a Specific Plan for land uses and has been redeveloping the property accordingly with a mix of residential, non-residential, and public amenities. The City has only been able to accomplish this by reinvesting revenue from land sales to pay for the significant public costs of removing old base infrastructure and installing new infrastructure and public amenities to prepare and accommodate future development. AB 480 should recognize the distinct differences among property types and ensure that the definition of “Agency’s Use” considers existing military base reuse plans. DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 2. Leasing AB 1486 was amended during the legislative process to remove the term “lease” from the definition of disposal due to local government concerns. However, when the final SLA Guidelines were published by the Department of Housing and Community Development (HCD) in April 2021, leasing was included in the definition of “disposition.” This is contrary to the legislative intent and should be corrected in AB 480 for clarification that leases are not dispositions. 3. Fair Market Value The definition of Fair Market Value (FMV) in the HCD SLA Guidelines does not seem to account for the provisions within the legislative language of the SLA. The definition put forward by HCD in the SLA Guidelines implies that if a property was not subject to the SLA, the FMV would be the price obtained on the open market for the desired land use. However, given the requirements of the SLA, AB 480 should directly address or direct HCD to adjust the SLA Guidelines accordingly: a. True FMV: Clarity is needed on whether FMV is evaluated based on “highest and best use” under existing zoning limitations or the assumption of entitlements for a particular land use on a parcel. Evaluating a parcel on its “highest and best use” compared to the assumption of entitlements could lead to entirely different FMV determinations. b. FMV of Non-Residential Zoned Property: Since the SLA requires local agencies to treat property zoned non-residential as though it were zoned residential, it would then make sense that an appraisal or other method to determine value on non- residential use be updated to incorporate residential use to determine FMV. If not, then there is a conflict here as there is now no pathway in the guidelines for a local agency to determine the residential FMV of non-residential zoned property. 4. Conflicts with Density Bonus Law The SLA requires that 15%-25% (depending on disposition) of the total amount of units be affordable. This is a direct conflict with how density bonus law operates and creates a much higher base affordability rate for a standard project. Typically, a density bonus for affordability is calculated on the number of base units, not the total amount of units for a project (a total amount calculation being base units and the density bonus units combined). AB 480 should seek to revise the SLA to reflect that affordability is calculated on the number of base units for a project to align with density bonus law. 5. Mixed Use Exemption DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 Government Code section 54221(f)(1)(F)(ii) authorizes an exemption under the SLA if the land is more than one acre in area, includes not less than 300 residential units, and restricts at least 25 percent of the residential units to lower income households. The 300 unit and one acre threshold is arbitrary. AB 480 should be amended to remove the one acre and 300 unit requirement, but still require 25% to comply. 6. Require HCD to Publish Approvals and Track Progress HCD currently posts the available surplus land sites that have been noticed by a local agency. However, no further activity is logged on the HCD website after the noticing period ends. If the Legislature wishes to have quantitative results of whether or not the SLA is achieving its goals, AB 480 should require HCD to publish the following on its website, which would create a database for local agencies to pull from and incorporate into future dispositions: a. HCD approval and denial correspondence b. Final land disposition agreements from local agencies (whether using an SLA exemption or not) c. Copies of land use restriction covenants recorded d. Number of affordable and market rate units created The City continues to advocate for reasonable, consistent and achievable requirements under the SLA and has looked forward to seeing a cleanup bill to address many of the implementation issues that are hindering and slowing housing projects down as local agencies attempt to address and meet conflicting standards in the SLA when disposing of public property. The current version of AB 480 does not address any of these significant issues or provide relief or clarity for local agencies. For these and the other reasons described above, the City of Tustin opposes AB 480 unless amended Sincerely, Austin Lumbard Mayor cc: Senator Dave Min Assembly Member Cottie Petrie-Norris League of California Cities, cityletters@cacities.org Townsend Public Affairs DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 April XX, 2023 The Honorable Freddie Rodriguez 1021 O Street, Suite 1200 Sacramento, CA 95814 SUBJECT: AB 1505 (Rodriguez) – Notice of Support Dear Assembly Member Rodriguez: The City of Tustin (City) is pleased to inform you of its support of AB 1505 which would grant $250,000,000 from the State General Fund in the 2023–24 Budget Act to the Seismic Retrofitting Program for Soft Story Multifamily Housing Fund. This critical funding provides for matching grants for seismic retrofit engineering and construction to protect affordable multifamily housing developments from earthquakes. The City has adopted a support position to this bill in accordance with its 2023 Legislative Platform, Land Use and Housing, policy statement 20: 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. With California’s historic vulnerability to earthquakes, it is urgent and imperative to provide funding for seismic retrofitting. Funding for this program was originally included in budget trailer legislation and signed into law by the Governor in 2022. However, the funding was proposed to be omitted from the 2023 preliminary budget submitted to the Legislature. AB 1505 will work to restore this funding on an urgency basis. To keep our community safe from future earthquake damage and fatalities, it is pertinent to comply with seismic building standards, and provide adequate funding to ensure public safety and disaster preparedness needs are met. California has historically been a hub of major earthquake disasters, given its position along the tectonic plate boundaries including the San Andreas, San Gregorio- Hosgri, and Hayward-Rodgers Creek fault zones. AB 1505 will help protect our State and local communities from earthquake damage and devastation by ensuring compliance with seismic retrofitting to proactively prepare for future disasters. By submitting this letter, we express our support for the inclusion of the pre-dedicated $250 million for seismic retrofitting support in the upcoming iteration of the State’s budget, whether catalyzed by this legislation or similar budget trailer legislation. For these reasons, the City of Tustin supports AB 1505. DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 Sincerely, Austin Lumbard Mayor cc: Senator Dave Min Assembly Member Cottie Petrie-Norris League of California Cities, cityletters@cacities.org Townsend Public Affairs DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 April XX, 2023 The Honorable Tom Umberg 1021 O Street, Suite 6520 Sacramento, CA 95814 SUBJECT: SB 34 (Umberg) Notice of Opposition Unless Amended Dear Senator Umberg: The City of Tustin (City) regrets to inform you of its oppose unless amended position on SB 34 which would make significant changes to the Surplus Land Act, which has been substantially amended several times in recent legislative sessions to increase oversight by the Department of Housing and Community Development (HCD). The City has adopted an oppose unless amended position to this bill in accordance with its 2023 Legislative Platform, Land Use and Housing, policy statement 25: Oppose proposals that increase requirements and place undue burdens on the City with regard to the Surplus Land Act and Tustin Legacy. This bill is explicitly designed to allow HCD to unilaterally engage in any surplus property issue in Orange County. This framework is unlikely to disincentivize corrupt actors, but it will disrupt the disposition of any surplus local property. Faced with the threat of litigation and uncertainty over ownership of the property, SB 34 will likely result in fewer parcels disposed for reuse as affordable or market rate housing, or any other beneficial purpose. Furthermore, the bill unfairly targets cities in Orange County that have been making good faith efforts to comply with the existing Surplus Land Act and guidance from HCD. We understand the concerns underlying this bill, but the current provisions of this bill, which would apply to jurisdictions only in Orange County, are greatly disproportionate to those concerns. We would not object to a more targeted approach that addresses specific circumstances of that nature where additional scrutiny is appropriate. Unfortunately, SB 34 in its current form does not strike the appropriate balance between state oversight and the ability of local governments specifically in Orange County to dispose of surplus property in an orderly way that ensures appropriate value for taxpayers. For these and the other reasons described above, the City of Tustin opposes SB 34 unless amended. Sincerely, DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 Austin Lumbard Mayor cc: Senator Dave Min Assembly Member Cottie Petrie-Norris League of California Cities, cityletters@cacities.org Townsend Public Affairs DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 April XX, 2023 The Honorable Tom Umberg 1021 O Street, Suite 6520 Sacramento, CA 95814 SUBJECT: SB 44 (Umberg) Notice of Support Dear Senator Umberg: The City of Tustin (City) is pleased to inform you of its support of SB 44 which would require a person who is convicted of crimes related to controlled substances to receive a written advisory of the danger of manufacturing or distribution of controlled substances and that, if a person dies because of that action, the manufacturer or distributor can be charged with voluntary manslaughter or murder. While not specifically addressed in its 2023 Legislative Platform, the City is adopting a support position due to the increasing prevalence of fentanyl and other controlled substances in our community. A recent study by the Center for Disease Control (CDC) names fentanyl the deadliest drug in the United States. Fentanyl is often disguised as other synthetic opioids or drugs, then sold on the street to users who are unaware that fentanyl is a key ingredient. Users who unknowingly ingest these substances believing they are taking a less powerful drug are much more susceptible to overdose or even death. When abused, fentanyl affects the brain and nervous system and is 50 times stronger than heroin and 100 times stronger than morphine. With respect to deaths resulting from driving under the influence (DUI), the California Supreme Court held in People v. Watson (1981) in affirming a second-degree murder conviction, that “when the conduct in question can be characterized as a wanton disregard for life, and the facts demonstrate a subjective awareness of the risk created, malice may be implied.” To codify this notion, state law was implemented in 2004 to require that courts read an admonishment to anyone convicted of reckless driving or DUI to inform them of the state’s ability and intent to charge a repeated future offense with manslaughter or murder. Current law makes it unlawful to sell, traffic, or transport specified opiates and opiate derivatives including fentanyl. SB 44 introduces the California Fentanyl Admonishment, otherwise known as Alexandra’s Law, modeled after the state’s current DUI Advisory. The City supports additional funding and resources to address the substance use crisis through appropriate prevention and intervention efforts, educational awareness campaigns, and increased access to life-saving overdose treatment aids such as naloxone. DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 For these reasons, the City of Tustin supports SB 44. Sincerely, Austin Lumbard Mayor cc: Senator Dave Min Assembly Member Cottie Petrie-Norris League of California Cities, cityletters@cacities.org Townsend Public Affairs DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 April XX, 2023 The Honorable Scott Wiener 1021 O Street, Suite 3330 Sacramento, CA 95814 SUBJECT: SB 423 (Wiener) Notice of Opposition Unless Amended Dear Senator Wiener: The City of Tustin (City) regrets to inform you of its oppose unless amended position on SB 423 which would greatly expand SB 35 (Chapter 366, Statutes of 2017) provisions and eliminate the Jan. 1, 2026 sunset date. The City has adopted an oppose unless amended position to this bill in accordance with its 2023 Legislative Platform, Land Use and Housing, policy statement 17: 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. The City, along with others cities throughout the state, is working to find creative solutions to the housing crisis so homes of all income levels can be built. The City is doing this while continuing to navigate the state’s annual barrage of overreaching housing bills that have thus far demonstrated limited success. This measure would double-down on the recent trend of the state overriding its own mandated local housing plans by forcing cities to approve certain housing projects without regard to the needs of the community, opportunities for environmental review, or public input. While it may be frustrating for some developers to address neighborhood concerns about traffic, parking, and other development impacts, those directly affected by such projects have a right to be heard. Public engagement also often leads to better projects - not having such outlets will increase public distrust in government and result in additional ballot measures limiting housing development. Instead of continuing to pursue top-down, one-size-fits-all legislation, lawmakers should partner with local officials. Targeted, ongoing funding for local governments is the only way cities can find community-based solutions to the housing crisis. California will never produce the number of homes needed with an increasingly state driven, by-right housing approval process. What is really needed is a sustainable state investment that matches the scale of this long-term crisis. For these and the other reasons described above, the City of Tustin opposes SB 423 unless amended. DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 Sincerely, Austin Lumbard Mayor cc: Senator Dave Min Assembly Member Cottie Petrie-Norris League of California Cities, cityletters@cacities.org Townsend Public Affairs DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 April XX, 2023 The Honorable Anna Caballero 1021 O Street, Suite 7620 Sacramento, CA 95814 SUBJECT: SB 747 (Caballero) – Notice of Support Dear Senator Caballero: The City of Tustin (City) is pleased to inform you of its strong support of SB 747, which makes changes to the Surplus Land Act (SLA) by addressing substantive issues with the SLA as it exists today, and reaffirms the role of the Economic Opportunity Law when local agencies dispose of property. The City has adopted a support position to this bill in accordance with its 2023 Legislative Platform, Economic Development, policy statement 16: Support policies and initiatives that will facilitate development of City owned property, including Tustin Legacy and Pacific Center East. Since AB 1486 (Ting) took effect in 2020, local agencies like the City have been endeavoring to not only understand portions of the SLA that are unclear or in conflict with other state laws, but to also comply in good faith. SB 747 makes important clarifications to items such as “agency’s use” definition, leasing, clearer and more practical exemptions, and clarifications on changes to the SLA Guidelines by the Department of Housing and Community Development. Perhaps most importantly, SB 747 reaffirms that Economic Opportunity Law (Government Code section 52200) is an alternative to the SLA when disposing of public property, not subsidiary to the SLA. The facilitation of economic development through the disposition of property for not only residential (market rate and affordable), but also office, retail, and other uses are critical to creating a jobs/housing balance in our community. The City continues to advocate for reasonable, consistent and achievable requirements under the SLA and has looked forward to seeing a cleanup bill to address many of the implementation issues that are hindering and slowing housing projects down as local agencies attempt to address and meet conflicting standards in the SLA when disposing of public property. Additionally, reaffirming the role of the Economic Opportunity Law creates a clear alternative to the SLA when disposing of public property to facilitate economic development. For the reasons described above, the City is pleased to support SB 747. DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 Sincerely, Austin Lumbard Mayor cc: Senator Dave Min Assembly Member Cottie Petrie-Norris League of California Cities, cityletters@cacities.org Townsend Public Affairs California Association for Local Economic Development DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 Bill Bill Summary Bill Status Position SB 43 (Eggman) Behavioral Health. Would update California's 1967 conservatorship law by expanding the definition of "gravely disabled" to include conditions that result in a substantial risk of serious harm to an individual's physical or mental health. Status: 3/20/2023-Set for hearing March 29.Watch SB 363 (Eggman) Facilities for Inpatient and Residential Mental Health and Substance Use Disorder: Database. Would establish a real-time, internet-based dashboard to collect, aggregate, and display information about available beds in psychiatric and substance abuse facilities. Status: 3/23/2023- From committee: Do pass and re-refer to Com. on JUD. (Ayes 11. Noes 0.) (March 22). Re-referred to Com. on JUD. Watch AB 24 (Haney) Emergency Response: Opioid Antagonist Kits. Would require bars, gas stations, public libraries, and hotels to acquire an opioid antagonist kit. Status: 3/7/2023-Re- referred to Com. on HEALTH. Watch AB 33 (Bains) Fentanyl Addiction and Overdose Prevention Task Force. Would establish a task force to analyze data on the extent of fentanyl use in California and evaluate approaches to increase public awareness. Status: 3/22/2023- Coauthors revised. From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 14. Noes 0.) (March 21). Re- referred to Com. on PUB. S. Watch City of Tustin Priority State Legislation Matrix Updated 3.24.23 2023 California State Legislative Session Community Services Page 1 of 21 DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 SB 19 (Seyarto) Anti-Fentanyl Abuse Task Force. Would establish a task force to analyze data on the extent of fentanyl use in California and evaluate approaches to increase public awareness. Status: 3/14/2023- From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (March 14). Re-referred to Com. on APPR. Watch AB 550 (Schiavo) Homelessness: Public Hearings. Would require cities and counties to annually conduct a point-intime count and hold a public hearing to present the data gathered and discuss plans to solve issues related to homelessness in that jurisdiction. Status: 3/6/2023-Re- referred to Com. on L. GOV. Watch Page 2 of 21 DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 AB 799 (L. Rivas) Homeless Housing, Assistance, and Prevention Program: Homelessness Accountability Act. This measure would create new accountability requirements for local governments accessing state funding through the Homeless Housing, Assistance, and Prevention Program (HHAP). Status: 2/23/2023- Referred to Com. on H. & C.D. Watch AB 67 (Muratsuchi) Homeless Courts Pilot Program. Would create a pilot program for unhoused defendants to participate diversion programs that would provide housing, mental health services, substance abuse treatment, and more. Status: 3/21/2023- From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (March 21). Re-referred to Com. on APPR. Watch AB 1215 (Carrillo) Pets Assistance with Support Grant Program: Homeless Shelters: Domestic Violence Shelters: Pets. Would create a grant program for homeless and domestic violence shelters to accommodate pets. Status: 3/2/2023- Referred to Com. on H. & C.D. Watch Page 3 of 21 DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 SB 37 (Caballero) Older Adults and Adults with Disabilities Housing Stability Act. Would create a grant program to administer housing subsidies for older adults at risk of or experiencing homelessness. Status: 3/22/2023- From committee: Do pass and re-refer to Com. on HUMAN S. (Ayes 10. Noes 0.) (March 21). Re- referred to Com. on HUMAN S. Watch AB 963 (Schiavo) The End of the Foster Care-to- Homelessness Pipeline Act. Would establish an unfunded loan guarantee program to provide security to qualified lenders financing the development and acquisition of housing for current and former foster youth ages 18 to 25. Status: 3/2/2023- Referred to Coms. on HUM. S. and J., E.D., & E. Watch AB 1321 (Bonta) California Coordinated Neighborhood and Community Services Grant Program. Would create a competitive grant program to implement a comprehensive, integrated continuum of cradle-to-career solutions at the neighborhood level. Status: 3/2/2023- Referred to Com. on HUM. S. Watch AB 262 (Holden) Children’s Camps: Regulation. Would require the State Department of Social Services to establish and lead a stakeholder workgroup to gather information and provide recommendations to the Legislature regarding the development of subsequent legislation for children’s camps. Status: 3/16/2023-Re- referred to Com. on HUM. S. Watch AB 367 (Maienschein) Controlled Substances: Enhancements. Would add sentence enhancement of 3 to 5 years on a person who inflicts great bodily injury when they sell, furnish, administer, or give away a controlled substance and the person to whom the substance was sold, furnished, administered, or given suffers a significant or substantial physical injury from using the substance. Status: 3/23/2023-Re- referred to Com. on PUB. S. In committee: Hearing postponed by committee. Watch Public Safety Page 4 of 21 DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 SB 44 (Umberg) Controlled Substances. Would require a person who is convicted of crimes related to controlled substances to receive a written advisory of the danger of manufacturing or distribution of controlled substances and that, if a person dies because of that action, the manufacturer or distributor can be charged with voluntary manslaughter or murder. Status: 3/13/2023-Set for hearing March 28.Watch AB 1166 (Bains) Liability for Naloxone Hydrochloride Administration. Would provide that a person who is not trained in emergency medical services or as a health care provider and who, in good faith and not for compensation, renders treatment at the scene of an opioid overdose or suspected opioid overdose by administering naloxone hydrochloride is not liable for civil damages resulting from an act or omission. Status: 3/23/2023- From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended. Watch AB 1708 (Muratsuchi) Theft. Would amend Proposition 47 to increase accountability for repeat offenders as well as access to participate in rehabilitation services. Status: 3/13/2023-Re- referred to Com. on PUB. S. Watch AB 642 (Ting) Law Enforcement Agencies: Facial Recognition Technology. Would require any law enforcement agency that uses facial recognition technology (FRT) to have a written policy governing the use of that technology and would require any FRT system used to meet certain national standards and would limit the use of FRT to use as an investigative aid. Would specifically prohibit the use of any FRT-generated match from being the sole basis for probable cause in an arrest, search, or warrant and would also require an agency using FRT to post their written policy and an annual summary of FRT usage on their internet website. Status: 3/6/2023-Re- referred to Com. on PUB. S. Watch AB 1034 (Wilson) Law Enforcement: Facial Recognition and Other Biometric Surveillance. Would prohibit a law enforcement agency or law enforcement officer from installing, activating, or using any biometric surveillance system in connection with an officer camera or data collected by an officer camera and would authorize a person to bring an action for equitable or declaratory relief against a law enforcement agency or officer who violates that prohibition. Would sunset on January 1, 2034. Status: 3/6/2023-Re- referred to Com. on PUB. S. Watch Page 5 of 21 DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 AB 742 (Jackson) Law Enforcement: Police Canines. Would prohibit the use of an unleashed police canine by law enforcement to apprehend a person, and any use of a police canine for crowd control. Would prohibit law enforcement agencies from authorizing any use or training of a police canine that is inconsistent with this measure. Status: 3/22/2023- Coauthors revised. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (March 21). Re-referred to Com. on APPR. Watch SB 719 (Becker) Law Enforcement Agencies: Radio Communication. Would require a law enforcement agency to ensure access, in real time, to the radio communications of that agency to duly authorized media representatives or organizations. Status: 3/21/2023- March 28 set for first hearing canceled at the request of author. Watch SB 796 (Alvarado- Gil) Threats. Would make it a crime for a person to willfully threaten to commit a crime that will result in death or great bodily injury at a particular location or event. Status: 3/23/2023-Set for hearing April 25.Watch AB 40 (Rodriguez) Emergency Medical Services. Would require the EMS authority to develop an electronic signature for use between the emergency department medical personnel at a receiving facility and the transporting emergency medical personnel that captures the points in time when the hospital receives notification of ambulance arrival and when transfer of care is executed for documentation of ambulance patient offload time and would require the authority to develop a statewide standard of 20 minutes, 90% of the time, for ambulance patient offload time. Status: 3/16/2023-Re- referred to Com. on E.M. Watch SB 402 (Wahab) Emergency Services Limiting Police Response. Would require 911 or other service center calls for service relating to mental health or homelessness to be dispatched to fire district or department personnel, EMS personnel, mental health personnel, or nonsworn unarmed police personnel and not to police officers. Status: 2/22/2023- Referred to Coms. on HEALTH and G.O. Watch Environment Page 6 of 21 DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 AB 2 (Ward) Recycling: Solar Photovoltaic Modules. Would create end-of-life management of photovoltaic modules (or solar panels), minimization of hazardous waste, and recovery of commercially valuable materials. Status: 3/20/2023-Re- referred to Com. on E.S. & T.M. Watch Page 7 of 21 DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 AB 573 (E. Garcia) Organic Waste Disposal Reduction Targets. This measure intends to support rural and/or border cities with meeting SB 1383 procurement targets. Status: 3/20/2023-Re- referred to Com. on NAT. RES. Watch AB 863 (Aguiar- Curry) Carpet Recycling: Carpet Stewardship Organizations: Fines: Succession: Procedure. Would increase the per day penalty for violations of carpet stewardship laws. Would provide that if a carpet stewardship organization violates a provision of the carpet stewardship law three times, they become ineligible to act and the successor rules will apply. Status: 3/20/2023-Re- referred to Com. on NAT. RES. Watch AB 1526 (Asm. Nat Resources) Solid Waste. This measure intends to provide additional clarity on SB 54 (single use plastic law) to improve the cost recovery mechanism. Status: 3/9/2023- Referred to Com. on NAT. RES. Watch SB 560 (Laird) Propane Tank Producer Responsibility. Would establish end-of-life management program for covered gas cylinders, which includes propane gas cylinders under 20 pounds, helium cylinders, isobutane cylinders, and butane cylinders. Status: 3/22/2023- From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. Watch SB 615 (Allen) Solid Waste: Lithium Vehicle Batteries. Would require electric vehicle manufacturers, dealers and other parties to be responsible for making sure lithium-ion vehicle batteries are recycled and repurposed at the end of their useful life. Watch SB 707 (Newman) Textile Recovery. Would require textile producers to establish a stewardship program for the collection and recycling of a covered textile product.Watch Page 8 of 21 DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 AB 50 (Wood) Energy Utility Communication. This measure aims to address situation delays with connecting projects to the grid, including housing projects. Status: 3/23/2023- Referred to Com. on U. & E. From committee chair, with author's amendments: Amend, and re-refer to Com. on U. & E. Read second time and amended. Watch AB 698 (Essayli) Gas Stoves. Would prohibit state agencies and local governments directly or indirectly prohibiting the use of gas stoves in residential and nonresidential buildings. Status: 3/13/2023-Re- referred to Com. on U. & E. Watch AB 1132 (Freidman) Solar Permit Fees. Would extend to 2034 the current limit on permit fees that a city or county may charge for a residential and commercial solar energy system. Status: 3/2/2023- Referred to Com. on L. GOV. Watch Page 9 of 21 DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 SB 272 (Laird) Sea Level Rise Planning. Would require local governments in coastal areas to implement sea level rise planning and adaptation by 2034. Would also require the California Coastal Commission and the San Francisco Bay Conservation and Development Commission to establish guidelines for the preparation of that planning and adaptation by 2024. Status: 3/7/2023-Set for hearing March 28.Watch AB 1567 (E. Garcia), SB 638 (Eggman), and SB 867 (Allen) Would collectively propose $20 billion in bonds for safe drinking water, wildfire prevention, drought preparation, flood protection, and extreme heat mitigation. Status: 3/9/2023- Referred to Coms. on W., P., & W. and NAT. RES. Watch SB 69 (Cortese) CEQA Document Requests. Would require local agencies to provide any subsequent revised or amended copy of CEQA documents upon request by mail or email and to submit the documents to the state clearinghouse. Would toll the statutes of limitation periods for each document request. Status: 3/21/2023-Set for hearing April 11.Watch AB 1000 (Reyes) Warehouses: Sensitive Receptors. Would intend to require minimum setbacks from sensitive receptors and additional requirements when siting logistics centers, warehouses, and related infrastructure. Status: 2/16/2023- From printer. May be heard in committee March 18. Watch AB 460 (Bauer- Kahan) State Water Board Authority. Would authorize the State Water Resources Control Board to fine $10,000 for each day in which a violation occurs and $5,000 for each acre-foot of water diverted in violation of an interim relief order. Status: 2/17/2023- Referred to Coms. on W., P., & W. and JUD. Watch SB 4 (Wiener) Planning and Zoning: Housing Development: Higher Education Institutions and Religious Institutions. Would require that a housing development project be a use by right on any land owned by an independent institution of higher education or religious institution on or before January 1, 2024. Status: 3/22/2023- From committee: Do pass and re-refer to Com. on GOV. & F. (Ayes 9. Noes 1.) (March 21). Re- referred to Com. on GOV. & F. Watch Housing Page 10 of 21 DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 SB 423 (Wiener) Streamlined Housing Approvals: Multifamily Housing Developments. Would modify and expand SB 35 provisions that allow certain multifamily housing developments to take advantage of a streamlined, ministerial approval process. Specifically, this measure would: • Remove the 2026 sunset and makes the statutes permanent. • Apply SB 35 provisions to the Coastal Zone. • Allow the state to approve housing developments on property they own or lease. • Prohibit a city from enforcing its inclusionary housing ordinance if the income limits are higher than those in SB 35. Status: 3/22/2023- From committee: Do pass and re-refer to Com. on GOV. & F. (Ayes 9. Noes 1.) (March 21). Re- referred to Com. on GOV. & F. Watch AB 1490 (Lee) Affordable Housing Development Projects: Adaptive Reuse. Would require a city or county to provide, to a 100% affordable housing project, the following: • Approving all entitlements and permits within 30 days or less. • Waiving local building and permit fees. • Low-income utility rates shall be available. • No minimum floor area ratio. • No additional parking requirements. • Local affordable housing funds shall include adaptive reuse as an eligible project. Status: 3/9/2023- Referred to Coms. on H. & C.D. and L. GOV. Watch AB 1532 (Haney) Office Conversion Projects. Would make an office conversion project a use by right in all areas of a city regardless of zoning. Would exempt these projects from impact fees that are not directly related to the conversion of an office building into residential dwelling units. Additionally, a city would be required to allow the developer to pay applicable impact fees over a 10-year period. Status: 3/23/2023- Referred to Coms. on H. & C.D. and NAT. RES. Watch AB 1630 (Garcia) Housing Development Approvals: Student Housing Projects. This measure would: • Prohibit a city or county from prohibiting a dormitory on any real property located within 1/2 mile of a university campus. • Require a city or county to classify student housing as a permitted use on all real property within 1/2 mile of a university campus for zoning purposes. • Require a proposed student housing project to be considered ministerially, without discretionary review or a hearing. Status: 3/22/2023-Re- referred to Com. on H. & C.D. Watch AB 480 (Ting) Surplus Land AB 480 makes various changes to the Surplus Land Act regarding the disposal process, HCD’s authority, and penalties for violations. Current Status: 3/15/23 Re-referred to Com. on L. GOV. Watch Page 11 of 21 DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 SB 747 (Caballero) Land Use: Economic Development, surplus land This bill makes changes to the Surplus Land Act (SLA) by addressing substantive issues with the SLA as it exists today, and reaffirms the role of the Economic Opportunity Law when local agencies dispose of property. Current Status: 3/22/23 From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F. Watch AB 519 (Schiavo) Affordable Housing: Consolidated Funding Application Process. Would require the Department of Housing and Community Development, by July 1, 2024, to establish a workgroup to develop a consolidated application for the purposes of obtaining grants, loans, tax credits, credit enhancement, and other types of financing for building affordable housing, and developing a coordinated review process for the application. Status: 2/17/2023- Referred to Com. on H. & C.D. Watch AB 1657 (Wicks) The Affordable Housing Bond Act of 2024. Would enact The Affordable Housing Bond Act of 2024, which, if adopted, would authorize the issuance of bonds in the yet-todetermined amount pursuant to the State General Obligation Bond Law. Proceeds from the sale of these bonds would be used to finance programs to fund affordable rental housing and homeownership programs. Status: 3/9/2023- Referred to Com. on H. & C.D. Watch SB 834 (Portantino) Housing: California Family Home Construction and Homeownership Bond Act of 2023. Would enact the California Family Home Construction and Homeownership Bond Act of 2023, which, if adopted, would authorize the issuance of bonds in the amount of $25 billion pursuant to the State General Obligation Bond Law to finance the California Family Home Construction and Homeownership Program. Status: 3/16/2023- March 21 hearing postponed by committee. Watch Page 12 of 21 DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 ACA 1 (Aguiar- Curry) Local Government Financing: Affordable Housing and Public Infrastructure: Voter Approval. Would authorize a local government to impose, extend, or increase a sales and use tax or transactions and use tax for the purposes of funding the construction, rehabilitation, or replacement of public infrastructure, affordable housing, or permanent supportive housing if the proposition proposing that tax is approved by 55% of its voters voting on the proposition. Status: 12/6/2022- From printer. May be heard in committee January 5. Watch ACA 10 (Haney) Fundamental Human Right to Housing. Would declare that the state recognizes the fundamental human right to adequate housing for everyone in California. Would make it the shared obligation of state and local jurisdictions to respect, protect, and fulfill this right by all appropriate means. Status: 3/7/2023-From printer. May be heard in committee April 6. Watch AB 6 and AB 7 (Friedman) Transportation Planning. Would prioritize transportation funding that significantly contribute towards the goals outlined in a region’s sustainable communities' strategy. Status: 3/20/2023-Re- referred to Com. on TRANS. Watch AB 744 (Carrillo) Transportation Planning. Would authorize the California Transportation Commission to establish best practices for use of data in transportation planning and to identify data elements that should be made available to state and local agencies for transportation planning. Status: 3/21/2023- Coauthors revised. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 15. Noes 0.) (March 20). Re- referred to Com. on APPR. Watch Transportation Page 13 of 21 DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 AB 316 (Aguiar- Curry) Transportation: Autonomous Vehicles. Would prohibit the operation of an autonomous vehicle with a gross vehicle weight of 10,000 pounds or more on public roads for testing purposes, transporting goods, or transporting passengers without a human safety operator physically present in the autonomous vehicle at the time of operation. Status: 3/14/2023- Coauthors revised. From committee: Do pass and re-refer to Com. on C. & C. (Ayes 12. Noes 0.) (March 13). Re- referred to Com. on C. & C. Watch SB 30 (Umberg) Transportation: Zero-Emission Vehicle Signage. Would develop and design light-duty zero-emission vehicle charging and fueling station signage to be placed along state highways based on charger or fueling type and vehicle compatibility. Status: 3/8/2023-Re- referred to Com. on TRANS. Watch AB 1504 (McCarthy) Planning: Electric Vehicle Charing Stations. Would provide that “electric vehicle charging station” includes electric vehicle charging stations installed in the public right-ofway and electric vehicle charging stations installed with a battery storage system. Status: 3/9/2023- Referred to Com. on L. GOV. Watch AB 415 (Rodriguez) Emergency Fairgrounds Communications. Would establish a grant program to provide fairgrounds with grant funding for the purpose of building and upgrading communication and internet infrastructure on fairgrounds Status: 3/14/2023- From committee: Do pass and re-refer to Com. on C. & C. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (March 13). Re- referred to Com. on C. & C. Watch AB 1637 (Irwin) Website Domains. Would state the intent to require a local jurisdiction to adopt a “.gov” domain by 2025. Status: 3/20/2023-Re- referred to Com. on L. GOV. Watch Page 14 of 21 DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 AB 400 (Rubio) Public Contracts: Design Build. Would remove the January 1, 2025 sunset for local agencies to use design build on specified projects thereby making the authority permanent. Status: 2/9/2023- Referred to Com. on L. GOV. Watch SB 706 (Caballero) Public Contracts: Progressive Design Build. Would authorize all cities, counties, city and counties, or special districts to use the progressive design-build process for other projects in addition to water-related projects, and would remove the project cap. Status: 3/21/2023- From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F. Watch AB 334 (Rubio) Public Contracts: Conflict of Interests. Would establish that an independent contractor, who meets specified requirements, is not an officer for purposes of being subject to the prohibition on being financially interested in a contract. Status: 3/16/2023-In committee: Set, first hearing. Hearing canceled at the request of author. Watch AB 735 (Berman) Workforce Development: Utility Careers. Would establish the High Road Utility Careers program, to be administered by the California Workforce Development Board, to connect existing resources with young individuals interested in careers in the utility sector and ensure a continued reliable workforce for California utilities. Status: 2/23/2023- Referred to Com. on L. & E. Watch AB 52 (Grayson) Sales and Use Tax Law: Manufacturing Equipment: Research and Development Equipment. This measure states the intent of the Legislature to expand the sales and use tax exemption for manufacturing and research and development equipment. Status: 3/20/2023-Re- referred to Com. on REV. & TAX. Watch Taxes Page 15 of 21 DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 AB 1203 (Bains) Sales and Use Taxes: Exemptions: Breast Pumps and Related Supplies. Would exempt from the California sales and use tax the gross receipts for the sale of breast pumps, breast pump collection and storage supplies, breast pump kits, and breast pads. This exemption would apply on or after January 1, 2024, and ends January 1, 2029. Status: 3/21/2023-In committee: Set, first hearing. Hearing canceled at the request of author. Watch AB 1249 (Ta) Sales and Use Taxes: Exemption: Tax Holiday: School Supplies. Would exempt from sales and use taxes the gross receipts from the sale of qualified school supplies for the two-day period beginning at 12:01 a.m. on the third Saturday of July annually and ending at 11:59 p.m. on the following day. This exemption would apply on or after January 1, 2024, and ends January 1, 2029 Status: 3/21/2023-In committee: Set, first hearing. Hearing canceled at the request of author. Watch AB 84 (Ward) Property Tax: Welfare Exemption: Affordable Housing. Would expand eligibility for exemptions from property taxes for affordable rental housing (e.g., “welfare exemptions”). Specifically, would expand this partial exemption to property acquired, rehabilitated, developed, or operated, or any combination of these factors, with financing from qualified 501(c)(3) bonds Status: 3/8/2023-Re- referred to Com. on H. & C.D. Watch AB 1492 (Alvarez) Taxation: Welfare Exemption. This measure states the intent of the Legislature to enact legislation that would expand the welfare tax exemption for housing developments. Status: 3/23/2023- Referred to Coms. on REV. & TAX. and H. & C.D. From committee chair, with author's amendments: Amend, and re-refer to Com. on REV. & TAX. Read second time and amended. Watch Page 16 of 21 DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 AB 362 (Lee) Real Property Taxation: Land Value Taxation Study. Would require the California Department of Tax and Fee Administration to conduct or commission a study on the efficacy of a statewide land value taxation system as an alternative to the current appraisal methods utilized for real property taxation. Would require the study to be provided to the Legislature by January 1, 2025. Status: 2/9/2023- Referred to Com. on REV. & TAX. Watch SB 532 (Wiener) Ballot Measures: Local Taxes. Would change the requirements for statements included on local ballots regarding the purpose of the measures that are being voted on. For measures that increase a tax with more than one rate or authorizes bonds, this measure would require that local ballots include the statement “see voter guide for measure information statement.” Status: 3/23/2023-Set for hearing April 12.Watch SB 721 (Becker) Special Taxes: Vacant Land. Would amend the California Government Code to specify that taxes levied on vacant sites by a city, county, or special district are a special tax, for parcels identified in a city’s housing element inventory Status: 3/23/2023- Withdrawn from committee. Re- referred to Com. on RLS. Watch AB 972 (Maienschein) Uniform Procedures for Local Assistance and Climate Resiliency Grant Programs. Would coordinate, align, and streamline local government assistance resources by convening a statewide, cross-agency Local Assistance and Grant Program Streamlining Workgroup no later than April 2024. Status: 3/23/2023- Referred to Com. on L. GOV. From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended. Watch SB 252 (Gonzalez) Public Retirement Systems: Fossil Fuels: Divestment. Would require CalPERS to divest from fossil fuels by 2030.Status: 3/21/2023-Set for hearing April 12.Watch Governance and Labor Page 17 of 21 DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 AB 1484 (Zbur) Temporary Public Employees. Would require temporary employees to be automatically included in the same bargaining unit as the permanent employees upon the request of the recognized employee organization. Status: 3/9/2023- Referred to Com. on P.E. & R. Watch SB 399 (Wahab) Employer Communications: Intimidation. Would prohibit an employer from requiring its employees to attend an employer-sponsored meeting or participate in any communications with the employer, the purpose of which is to communicate the employer’s opinion about religious matters, political matters. Status: 3/21/2023-Set for hearing April 12.Watch SB 751 (Padilla) Franchise Agreements: Labor Impasse. Would prohibit a city, county, or city and county from entering an exclusive franchise agreement for services on or after January 1, 2024, or an agreement amended on or after that date, that contains a force majeure provision that can be triggered by a labor impasse. Status: 3/21/2023-Set for hearing April 12.Watch AB 504 (Reyes) State And Local Public Employees: Labor Relations: Disputes. Would allow local public employees to refuse to enter property that is the site of a primary labor dispute, perform work for an employer involved in a primary labor dispute, or go through or work behind a primary picket line. Would prohibit an employer from directing an employee to take those actions. Status: 3/14/2023-Re- referred to Com. on P.E. & R. Watch AB 597 (Rodriguez) Workers’ Compensation: First Responders: Post-traumatic Stress. Would substantially expand California’s current workers’ compensation presumption for Post Traumatic Stress Disorder (PTSD) to emergency medical technicians (EMT) and paramedics. Status: 2/27/2023-Re- referred to Com. on INS. Watch Page 18 of 21 DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 AB 453 (Cervantes) District-based Elections. Would require a public hearing concerning district-based elections that is consolidated with a meeting of the governing body include other substantive agenda items, to begin at a fixed time. Status: 3/15/2023- From committee: Do pass and re-refer to Com. on L. GOV. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (March 15). Re- referred to Com. on L. GOV. Watch AB 764 (Bryan) Elections: City And County Redistricting. This measures states the intent of the Legislature to add new to add new requirements to the Fair Maps Acts. Status: 3/23/2023- Referred to Coms. on ELECTIONS and L. GOV. From committee chair, with author's amendments: Amend, and re-refer to Com. on ELECTIONS. Read second time and amended. Watch AB 1248 (Bryan) Local Redistricting: Independent Redistricting Commissions. Would require independent redistricting commissions for cities over 300,000 in population. Status: 3/2/2023- Referred to Coms. on ELECTIONS and L. GOV. Watch AB 817 (Pacheco) Local Government: Open Meetings. Would allow non-decision-making legislative bodies currently governed by the Brown Act, such as advisory bodies and commissions, to participate in two-way virtual teleconferencing without posting their physical location. Status: 3/20/2023-Re- referred to Com. on L. GOV. Watch Page 19 of 21 DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 AB 557 (Hart) Open Meetings: Local Agencies: Teleconferences. Would allow cities to meet remotely during proclaimed states of emergency under modified Brown Act requirements. Would also provide greater flexibility for agencies that meet on a fixed date every month by extending the AB 361 renewal period to 45 days. Status: 2/17/2023- Referred to Com. on L. GOV. Watch SB 730 (Lowenthal) California Public Records Act: Public Agency Employees: Notice Requirements: Personnel And Medical Information. Would require a city to promptly provide an employee with written notice of a request to disclose a record related to personnel, medical, or similar information of that employee. Would also require the agency, before disclosing, to provide not less than 21 days’ written notice to the employee of its intent to disclose. Status: 3/13/2023-Set for hearing April 17.Watch SB 251 (Newman) Political Reform Act of 1974: Elected Officers: Conflicts of Interest. Would prohibit an elected officer from employment by any other elected officer with the same constituency, except if the elected officer first began their employment by the other officer with the same constituency on or before December 31, 2023. Status: 3/8/2023-From committee with author's amendments. Read second time and amended. Re-referred to Com. on E. & C.A. Watch 37 (Bonta) Political Reform Act of 1974: Campaign Funds: Security Expenses. Would expand the ability for officials to expend campaign funds for security expenses. Status: 1/26/2023- Referred to Com. on ELECTIONS. Watch Page 20 of 21 DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 SB 769 (Gonzalez) Local Government: Fiscal and Financial Training. Would require local officials to have two hours of fiscal training every two years Status: 3/21/2023-Set for hearing April 12.Watch SB 329 (Dodd) Cities: City Council Members: Compensation. Would allow general law cities to increase the council member salaries to reflect inflation Status: 2/15/2023- Referred to Com. on GOV. & F. Watch Page 21 of 21 DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 CITY OF TUSTIN 2023 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 2023 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 2023 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 I. 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. II. PROMOTE FISCAL STABILITY Support measures that promote fiscal stability, predictability, financial independence, and preserve the City’s revenue base and maximum local control over local government budgeting. Oppose measures that shift local funds to the County, State or Federal Governments and/or make cities more dependent on the County, State or Federal Governments for financial stability, such as unfunded mandates or mandated costs with no guarantee of local reimbursement or offsetting benefits. III. SUPPORT FUNDING OPPORTUNITIES Support opportunities that allow the City to compete for its fair share of regional, state and federal funding. Support funding for programs including, but not limited to economic development such as infrastructure investment and housing, transportation projects including road resurfacing, bicycle and pedestrian safety, multi-modal transportation systems and transit-oriented development, air quality, water quality and local water reliability, parks and recreation, historic preservation, natural resources, hazard mitigation, public safety, public health and COVID-19 business and government recovery. DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 2 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 10. Support efforts to provide local legislative bodies with additional flexibilities regarding remote meetings and Ralph M. Brown Act requirements. 11. Oppose policies that would increase the voter threshold for local revenue measures or would increase the potential for litigation over local taxes and fees. 12. Oppose efforts to de-localize the redistricting process. Economic Development 13. Support international, statewide, regional, and local efforts to attract, retain and provide resources for current and future commercial and industrial businesses. 14. 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. 15. Support economic development initiatives that preserve and enhance a positive business climate and maintain and grow the business tax base. DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 3 16. 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 17. 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. 18. Oppose legislation, proposals, or regulations that penalize local governments for noncompliance with their housing element or regional housing needs assessment requirements. 19. Support efforts to provide flexibility to local governments as well as resources for local governments to allow them to submit compliant housing elements and complete the required rezoning. 20. 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. 21. Monitor local, state, and federal actions related to medical and recreational marijuana regulatory changes. 22. Support local control over the licensure and regulation of alcoholism or drug abuse recovery or treatment facilities. 23. Oppose legislation that would erode local control over City owned property, including Tustin Legacy and Pacific Center East. 24. Support proposals that provide funding or tools to preserve historic neighborhoods and structures. 25. Oppose proposals that increase requirements and place undue burdens on the City with regard to the Surplus Land Act and Tustin Legacy. 26. 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 27. 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. 28. Support efforts that strengthen policies to fund parks, open space acquisitions, bike lanes, and active transportation opportunities. DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 4 29. Promote local agency control over policies that recognize the benefits of parks and recreation facilities. 30. Support efforts to increase funding, accessibility and programs for seniors. Public Works 31. Support increased state and federal funding of transportation improvements with regional or sub-regional benefits for all modes of transportation. 32. Support protection of dedicated transportation-related tax revenues and enhance the ability of local agencies to finance local transportation programs and facilities. 33. Support all efforts to create efficiencies within CEQA. 34. Support measures and reforms which streamline the CEQA process for the development of housing and mixed-use infill projects that support transit. 35. Support legislation that allows local governments to continue to retain full authority to reject projects or to condition project approvals and impose mitigation measures. 36. Support efforts to facilitate public private partnerships to complete development projects. 37. Oppose efforts to remove City representation on regional boards that oversee water, drainage and/or sewage. 38. Support efforts that fund broadband infrastructure. 39. 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 40. 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. 41. Support the enhancement of a reliable and sustainable water supply for California as well as measures that improve water quality in the region. 42. Monitor the development of a state framework for long term water conservation measures. 43. Support policy development, funding and research for water conservation, addressing urban runoff and beach closures and required programs associated with OC NPDES permits. 44. Support efforts to address long term water resiliency and affordability without implementing a statewide water tax. 45. Oppose efforts that restrict or eliminate local permitting and enforcement of water quality measures. DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 5 46. Oppose efforts that unilaterally reduces the indoor water use standards without the input of local and regional stakeholders. Human Resources and Risk Management 47. Oppose measures that reduce local control over employee relations issues or mandate new or enhanced local government employee benefits. 48. 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. 49. Oppose redundant or unnecessary proposals that require excessive human resources burdens without sufficient reimbursement. Public Safety 50. Support measures that encourage community safety and well-being including those which support state and federal reimbursement of homeland security related expenses. 51. Oppose legislation that places burdensome restrictions on law enforcement and limits their ability to protect public safety. 52. Oppose legislative attempts at early release of incarcerated prisoners and measures that would further de-criminalize non-violent offenses. 53. Support funding for local mitigation related to Proposition 47 and Proposition 57 54. Support initiatives involving county, state, and federal governments to reduce and prevent homelessness in Orange County. 55. Support measures that provide funding and local resources for wildfire fire prevention, suppression, and mitigation. 56. Support local control over adult entertainment facilities, alcohol establishments and properties where illegal drugs are sold. 57. 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. 58. Support legislation increasing resources and local authority for abatement of public vandalism, especially graffiti. 59. Support regional and state proposals to increase funding for locally operated homeless shelters. 60. Oppose efforts to limit the City’s ability to enforce parking rules and regulations and recover the costs of doing so. DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83 6 61. Support efforts that adds de-energization to the list of conditions that constitutes a state and local emergency. 62. Oppose efforts that changes the certification framework for public safety personnel and subjecting the City to additional litigation. 63. Support efforts to address loud noise vehicles by providing public safety officers with resources to enforce state laws and local ordinances. DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83