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HomeMy WebLinkAbout11 LEGISLATIVE UPDATEAgenda Item _______ Reviewed: City Manager _______ Finance Director _______ MEETING DATE: MAY 2, 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 742 (Jackson) Law enforcement: police canines 2.Take an OPPOSE UNLESS AMENDED position on AB 1637 (Irwin) Local government: internet websites and email addresses 3.Take a SUPPORT position on AB 1708 (Muratsuchi) Theft 4.Take an OPPOSE UNLESS AMENDED position on SB 252 (Gonzalez) Public retirement systems: fossil fuels: divestment FISCAL IMPACT: Not applicable. DISCUSSION: State Legislative Updates TPA has created a summary of state legislative activity for the month of April that is attached to the staff report. Recommended Position on Legislation Staff and TPA are recommending the following positions on bills. A draft letter is attached to the staff report. AGENDA REPORT 11 N/A DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621FA Agenda Report – Legislative Update May 2, 2023 Page 2 AB 742 (Jackson) Law enforcement: police canines - Summary: Prohibits the use of an unleashed police canine by law enforcement to apprehend a person. - Recommended Position: Oppose Unless Amended AB 1637 (Irwin) Local government: internet websites and email addresses - Summary: Requires local agencies to secure and utilize their website through a new .gov or .ca.gov domain no later than January 1, 2025. - Recommended Position: Oppose Unless Amended AB 1708 (Muratsuchi) Theft - Summary: Increases accountability for repeat theft offenders and offers pathways for pre-plea diversion programming. - Recommended Position: Support SB 252 (Gonzalez) Public retirement systems: fossil fuels: divestment - Summary: Prohibits CalPERS and STRS from making new investments or renewing existing investments of public employee retirement funds in a fossil fuel company. - Recommended Position: Oppose Unless Amended Legislative Tracking Matrix Attached is a legislative tracking matrix as of April 21 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 April 2023 update - Draft AB 742 letter - Draft AB 1637 letter - Draft AB 1708 letter - Draft SB 252 letter - Legislative Matrix as of April 21 - 2023 Legislative Platform DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621FA 1 M E M O R A N D U M To: City of Tustin From: Townsend Public Affairs Date: April 21, 2023 Subject: Monthly Report State Legislative Update The last several weeks have highlighted the State Legislature’s quick pace of considering and amending legislation to ensure bills progressed through their first house. In addition to the growing momentum of legislative activity within the Legislature, the Legislatuer featured numerous developments related to addressing priority issues such as homelessness, mental health reform, and high gas prices. State Legislature This month featured numerous policy committees and robust agendas for bill considerations. This pace will continue through April and May, before bills must cross over to their second house. The Legislature will shift its focus once again to the budget process in May, which marks the time the Governor debuts his “May Revision” of the January budget proposal, followed by the constitutional deadline of July 1 wherein the Governor must sign a budget bill into law. Notable legislative events from March include the failure of numerous bills in the Assembly and Senate Public Safety Committees related to enhanced sentencing for opioid possession and distribution. Members voted along party lines on legislation like SB 44 (Umberg), which would have required courts to provide a written admonishment to those convicted of fentanyl drug offenses, warning them of criminal liabilities if they sell a fentanyl product that kills another person. This bill, along with other measures with enhanced criminal penalties for fentanyl possession, failed in these committees. The debate over the matter hinged on whether adding to the State’s penal code would tangibly reduce opioid deaths, or rather strain existing prison resources and impact lower income communities. In addition to policy committee events, there were a number of bill amendments. Since the bill introduction of February 17, the Legislature produced 1,751 Assembly Bills and 881 Senate Bills, for a total of 2,632 bills. Of those bills introduced, there were 495 spot bills and 551 intent bills between the two houses, for a total of 1,046 placeholder measures. That means 40 percent of the introduced bills were placeholder measures in need of substantive language amendments. Notable recent bill amendments include the following, organized by issue area: DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621FA 2 BILL SUBJECT SUMMARY SB 35 (Umberg) Behavioral Health Authorizes counties required to implement the Community Assistance, Recovery, and Empowerment (CARE) Act by 2023 to be granted an extension in specified circumstances to no later than December 15, 2025. AB 764 (Bryan) Elections Establishes uniform district-base redistricting requirements for all local governments. AB 1168 (Bennett) Emergency Services Allows cities and fire districts maintain autonomy over the administration of prehospital emergency medical services (EMS), even when an agreement to delegate a portion of those services to a county-affiliated local EMS agencies (LEMSA) exists. AB 1176 (Zbur) Energy and Utilities Requires local governments to adopt a climate action electrification element as part of the general plan or amend the general plan upon the adoption of a revision to include enforceable commitments to GHG reductions on or after 2025 and no later than 2028. AB 1637 (Irwin) Governance and Transparency Requires local governments to transition to a .gov internet domain AB 1114 (Haney) Housing and Land Use Modifies the definition of “post entitlement phase permit” to also include all building permits and other permits issued under the California Building Standards Code or any applicable local building code for the construction, demolition, or alteration of buildings, whether discretionary or nondiscretionary. Prohibits a local agency from subjecting the post entitlement phase permit to any appeals or additional hearing requirements once the local agency determines that the post entitlement permit is compliant with applicable permit standards. AB 1332 (Carrillo) Housing and Land Use Requires each local agency, by April 1, 2025, to develop and offer at least 6 permit ready ADU floor plans and post them on their website for use at no-cost. Expedites approval processes for applicants that use the plans. AB 440 (Wicks) Housing and Land Use Defines "Maximum allowable density" for the purpose of density bonus concession to mean the greatest number of units allowed under the zoning ordinance, specific plan, or land use element of the general plan. Removes from the definition the provision stating that the greater density prevails if the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan. AB 68 (Ward) Housing and Land Use Requires ministerial approval of infill multifamily units up to 50 feet in defined "Climate Smart Parcels" proximate to transit and commercial clusters. AB 983 (Cervantes) Housing and Land Use Expands the definition of “exempt surplus land” to include land that is designated in an adopted downtown revitalization plan not to exceed 1.1 square miles and includes residential, commercial, office, civic and hospitality uses. SB 450 (Atkins) Housing and Land Use Identified as the SB 9 (Atkins, Statutes of 2022) "Clean up bill." Among other things, prevents local agencies from creating zoning, subdivision, and design rules that do not apply equally to all development within a particular area. SB 747 (Caballero) Housing and Land Use Reaffirms the role of existing Economic Opportunity Law that is used by local agencies to acquire and dispose of property to improve economic opportunities for local residents, among other clarifying changes. DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621FA 3 SB 752 (Padilla) Labor and Employment Requires a provider of solid waste handling services to provide timely notice to its customers of a potential labor dispute that will disrupt the collection of solid waste and provide a timely refund to customers following a failure to collect solid waste. AB 1379 (Papan) Open Meetings Imposes reforms on AB 2449 (Rubio, Statutes of 2022) which allows for a member of a governing body to teleconference under specified, and infrequent, circumstances. Streamlines agenda posting requirements and removes caps on the number of instances an elected official may opt to use teleconferencing, among other things. AB 817 (Pacheco) Open Meetings Allows subsidiary bodies of a local agency to use alternative teleconferencing provisions under the Brown Act, without the need of a State of Emergency. SB 537 (Becker) Open Meetings Authorizes certain legislative bodies (boards, commissions, or advisory bodies of a multijurisdictional cross county agency) to use alternate teleconferencing provisions similar to the emergency provisions indefinitely and without regard to a state of emergency AB 797 (Weber) Public Safety Requires the local governing body of each city and county to, by January 15, 2025, create an independent community-based commission on law enforcement officer practices to conduct independent investigations against police officers or sheriffs alleging physical injury or unlawful death. AB 1476 (Alvarez) Revenue, Taxation, and Economic Development Authorizes a city or local governments acting jointly to form a community and affordable housing reinvestment agency for the purposes of financing infrastructure and housing projects, purchasing and leasing property within the redevelopment project area, and other powers similar to those previously granted to redevelopment agencies. Governor Newsom Tours State to Discuss Priority Issues: Homelessness, Prison Reform, Public Safety, and Mental Health Care In lieu of a State of the State this year, Governor Newsom opted to hold a statewide tour and meet directly with residents and make major announcements related to reducing homelessness, improving public safety, reducing health care costs, and initiating mental health care reforms. The tour took place during the week of March 16. The first announcement regarding reducing homelessness was made in Sacramento. During this first announcement, the Governor discussed state funding programs aimed at reducing homelessness, including the $1 billion poised to be distributed to cities, counties, and continuums of care as part of the fourth cycle of the Homeless, Housing Assistance, and Prevention (HHAP) grant program. Additionally, the Governor discussed investments in encampment resolution, including a $30 million investment to build 1,200 tiny homes across the state this year. The homes, some as small as 120 square feet, can be assembled in 90 minutes and cost a fraction of what it takes to build permanent housing. The Governor said the homes can create space to help clear homeless encampments that have sprung up across the State’s major cities. Following his announcement on homelessness efforts, the Governor made his second announcement regarding public safety and prison reforms from San Quentin Prison. He announced that the prison will be renamed to the “San Quentin Rehabilitation Center.” The prison will move from a maximum-security prison to a prison focused on education, training, and rehabilitation. Maximum-security inmates will begin to be moved to other prisons to allow for the DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621FA 4 change. The Governor has asked the Legislature for $20 million for this initiative in the upcoming budget cycle. The new San Quentin Rehabilitation Center takes practices found in places such as Norway. In his third announcement, the Governor discussed the State’s progress toward public safety and health reforms, including addressing the fentanyl crisis. The Governor announced that the State would begin to manufacture and distribute its own opioid antagonist medicine through its contract with CalRx. CalRx was authorized in 2020 as part of the State’s efforts to partner with drugmakers that could produce cheaper generic alternatives to existing drugs that are no longer protected by patents, including naloxone and insulin. Governor Newsom has approved $100 million in the State budget for the project. These budget efforts are likely to complement legislative proposals seeking to expand access and education relating to opioid antagonist drugs Finally, on Sunday March 19, the Governor concluded his tour by discussing reforms that would go on the 2024 ballot to improve how California treats mental health and substance use disorders. The Governor’s proposal breaks down to three main components: • A general obligation bond to finance the construction of thousands of new community mental health facilities throughout the state. • Reforms to the MHSA, directing $1 billion annually to pay for housing and other community-based residential solutions, expanding treatment eligibility to include those with substance use disorders, and creating greater flexibility in the use of remaining funds. • Alignment of behavioral health benefits across all health plans in California and new accountability and oversight measures for county behavioral health plans. (more to come) Governor Signes Gas Price Gouging Prevention Bill into Law, Concludes Extraordinary Session on High Prices On March 27, Governor Newsom signed legislation to hold oil distributors accountable for recent price hikes over the past year, thus concluding the first extraordinary legislative session to address high oil prices in recent months. The efforts began in October 2022, when he announced his plans to call it to advance a windfall tax on oil and gas companies. The measure (SBX1-2), 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. SBX1 2 passed primarily on a party-line vote, with some opponennts expressing concern that a profit cap creates a disincentive for refineries to operate at maximum capacity, and as a result, the industry will reduce production to remain below whatever level is set, creating an artificial constraint on supply that could instead drive prices up further. Proponents of the measure DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621FA 5 expressed support for the policy’s data gathering requirements, which will inform future policies on the issue. The measure will take effect in 90 days. Federal Legislative Updates Last month saw numerous Federal actions related to the proposed authorization of emergency management funds, housing production assistance, and congressional support for ending the COVID-19 federal state of emergency. Below is an overview of recent pertinent federal actions. Congress Agreees to End Federal COVID-19 State of Emergency During the last week of March, the Senate voted 68-23 on a resolution (H.J. Res. 7) that would end the COVID-19 national emergency. The measure, which the House approved earlier this year, will now be presented to President Biden for his signature. Despite the White House’s strong opposition to the resolution, along with the Administration’s plan to wind down both the national emergency and the public health emergency on May 11, President Biden has indicated that he will sign the measure into law. At the same time, the Administration has signaled that it will continue working with agencies to phase out the emergency declaration with as much notice as possible to Americans who could potentially be impacted. HUD Starts Process to Strengthen Standards For Conditions in HUD Assisted and Insured Housing The Department of Housing and Urban Development (HUD) recently published the proposed scoring notice for the National Standards for the Physical Inspection of Real Estate (NSPIRE) in the Federal Register. This updated scoring notice is a critical step in HUD’s work to improve conditions in HUD assisted and insured housing by increasing standards for and frequency of inspections. NSPIRE strengthens HUD’s physical condition standards, formerly known as the Uniform Physical Condition Standard (UPCS) and the Housing Quality Standards (HQS). The proposed notice is part of HUD’s efforts to update its physical inspection model that is now more the 20 years old. The scoring notice proposed for comment includes what’s changing from the Uniform Physical Condition Standard scoring system, including: • Removing severity and criticality levels; reducing the number of inspectable areas to the three areas of unit, inside and outside; and removing item and area-based limits and scoring weight distribution along with point caps; • Methodology used to revise scoring; • Expected sampling strategy; • Justification for scoring decisions. The public comment period for the NSPIRE proposed scoring notice is open until April 27. HUD Makes Available an Additional $3.4 Million in American Rescue Plan Funds HUD announced that it is making an additional $3,385,353 in American Rescue Plan (ARP) funding available to help HUD’s Fair Housing Initiatives Program (FHIP) agencies combat housing discrimination related to the COVID-19 pandemic. This can be discrimination on the perception that someone has COVID-19 or people who have suffered evictions because of loss of income due to no work because of the pandemic. DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621FA 6 The funds constitute the fourth round of ARP funding that focuses on COVID-19 related housing discrimination. To date, more than $16 million in ARP funding has been awarded to FHIP agencies working to address the unequal impact the COVID-19 pandemic has had on communities of color, low-income communities, and other vulnerable populations through projects that encourage a more just, inclusive, and sustainable society. The funding is being awarded through FHIP’s Education and Outreach Initiative (EOI). Organizations that qualify for the funding will be able to use the money to develop, implement, and coordinate education and outreach programs designed to inform members of the public of their rights and obligations under the Fair Housing Act. The funding that is available can be used to provide fair housing education and outreach services through several vehicles, including mass media and trainings. The EOI grants now available are: • ARP National Media Campaign Component (EOI-NMCC) - $1,000,000 – This component provides funds to eligible organizations to create a multi-faceted media campaign to address housing discrimination issues relating to the COVID-19 pandemic, especially in underserved communities. • ARP EOI Regional/Local/General (EOI-GC) - $2,385,353 – This component provides funding to eligible organizations to prevent, mitigate, and respond to the fair housing related effects of the COVID-19 pandemic through enhanced fair housing education and outreach services and related infrastructure. DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621FA May XX, 2023 The Honorable Corey Jackson 1021 O Street, Suite 6120 Sacramento, CA 95814 SUBJECT: AB 742 (Jackson) Notice of Opposition Unless Amended Dear Assembly Member Jackson: The City of Tustin (City) regrets to inform you of its oppose unless amended position on AB 742, which prohibits the use of an unleashed police canine by law enforcement to apprehend a person. The City has adopted an oppose unless amended position to this bill in accordance with its 2023 Legislative Platform, Public Safety, policy statement 51: Oppose legislation that places burdensome restrictions on law enforcement and limits their ability to protect public safety. While the reasons stated for your bill including the disproportionate use of police canines on minorities are lamentable and worthy of addressing, this bill is misguided and the wrong approach. Law enforcement has one of the hardest jobs in our society and often face dangerous situations that most individuals will never have to experience. Public policing policy should be granting law enforcement more tools, resources, and training in order to improve their service to their communities. It is counter-productive to public safety goals to remove options that law enforcement officials have to protect the public and themselves without discharging firearms or other weapons. Law enforcement experts nationwide, especially those who currently use canine units in a patrol setting, argue that canines provide a valuable tool, which, if properly used, enhance public and officer safety in myriad ways. Police officers and canine unit handlers take their jobs and the impacts of their canine’s actions very seriously. In current law enforcement training standards, an apprehension or directed bite from a police officer is a last resort tool. Canines provide an opportunity for police officers in certain circumstances to navigate through the difficulties of performing their duties safely. Furthermore, this bill is based on a need for clarification on how canines are trained by law enforcement. Canines are not trained to attack or harm individuals without provocation. Instead, they are prepared to apprehend suspects only when necessary and do so in a manner that minimizes the risk of injury to both the suspect and the officer. DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621FA For these and the other reasons described above, the City of Tustin opposes AB 742 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: B7942396-58B8-40D4-9676-9CE8832621FA May XX, 2023 The Honorable Jacqui Irwin 1021 O Street, Suite 6220 Sacramento, CA 95814 SUBJECT: AB 1637 (Irwin) Notice of Opposition Unless Amended Dear Assembly Member Irwin: The City of Tustin (City) regrets to inform you of its oppose unless amended position on AB 1637, which requires local agencies to secure and utilize their website through a new .gov or .ca.gov domain no later than January 1, 2025. It also requires all employee email addresses to reflect the updated domain within the same time frame. The City has adopted an oppose unless amended position to this bill in accordance with its 2023 Legislative Platform, Local Governance, policy statement 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. While we appreciate the intended goal of this measure and the perceived benefits that some believe utilizing a new domain may provide, we are deeply concerned about the added costs associated with migrating to a new domain and corresponding email addresses. Further, we are concerned with the bill’s lack of any resources to better assist local agencies with this proposed change. Ultimately, this measure proposes an unfunded mandate. To secure and register a .gov domain, an authorization letter must be submitted to the Cybersecurity and Infrastructure Security Agency (CISA). Competing domain names are not processed on a first come, first served basis, but rather by a review process to determine which agency most closely related will receive it. As a result, this process can take long periods of time with some applicants citing weeks, if not months, to have CISA process and approve a domain. CISA’s registrar manages .gov domain hosts and by requiring thousands of California-based local governments to migrate to a .gov domain, it will cause interruptions to support lines, thus creating interruptions and confusion for constituents trying to access critical information on a local government website. Local governments provide critical information to communities every day. Requiring the change in domain names will require staff to expend effort that could take away from critical services. Unfortunately, AB 1637 proposes an aggressive compliance date of January 2025, which will cause significant disruptions to public services. DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621FA For these and the other reasons described above, the City of Tustin opposes AB 1637 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: B7942396-58B8-40D4-9676-9CE8832621FA May XX, 2023 The Honorable Al Muratsuchi 1021 O Street, Suite 5610 Sacramento, CA 95814 SUBJECT: AB 1708 (Muratsuchi) Notice of Support Dear Assembly Member Muratsuchi: The City of Tustin (City) is pleased to inform you of its support of AB 1708 which would increase accountability for repeat theft offenders and offer pathways for pre-plea diversion programming. Furthermore, if passed, the bill would send the issue to the voters for approval at the next statewide general election. The City has adopted a support position to this bill in accordance with its 2023 Legislative Platform, Public Safety policy statement 53: Support funding for local mitigation related to Proposition 47 and Proposition 57. This strategy is one of many supported by cities to address crime and its underlying causes. We remain committed to improving California’s carceral systems, interrupting and ending cycles of recidivism, and building a community-based system of care that appropriately meets the needs of all community members. Proposition 47 of 2014 made promises of safe neighborhoods, but the unintended consequences that followed have provided anything but. According to a February 2023 study conducted by the Public Policy Institute of California, a strong majority of Californians worry they or a family member will be a victim of a crime (21% very, 44% somewhat). This is the sentiment being felt by residents of cities throughout the state. The City has been subject to the negative effects of Proposition 47. Crime is an ongoing issue in our City and something our residents are deeply concerned about. This bill can be a tool for law enforcement and prosecutors to ensure that our streets are safe and that crime is deterred. For these reasons, the City of Tustin supports AB 1708. DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621FA 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: B7942396-58B8-40D4-9676-9CE8832621FA May XX, 2023 The Honorable Lena Gonzalez 1021 O Street, Suite 7720 Sacramento, CA 95814 SUBJECT: SB 252 (Gonzalez) Notice of Opposition Unless Amended Dear Senator Gonzalez: The City of Tustin (City) regrets to inform you of its oppose unless amended position on SB 252, which would prohibit the California Public Employees’ Retirement System (CalPERS) and the State Teachers’ Retirement System (STRS) from making new investments or renewing existing investments of public employee retirement funds in a fossil fuel company. SB 252 would also require the boards to liquidate investments in a fossil fuel company on or before July 1, 2030 and would require a corresponding report to the Legislature and the Governor beginning in 2025. The City has adopted an oppose unless amended position to this bill in accordance with its 2023 Legislative Platform, Local Governance, policy statement 7: Oppose and monitor efforts to increase City contribution cost to CalPERS. The City believes it is important to provide CalPERS with the flexibility needed to exercise their fiduciary duties on behalf of public agencies and public employees in California. By limiting their ability to invest in specific industries to achieve other policy goals, the resulting lower returns for these retirement systems destabilizes those systems and requires a further infusion of tax dollars to make up the difference. This then reduces available tax dollars to meet our obligations to our residents and employees. Instead of limiting the ability of retirement systems to meet their investment goals, the Legislature should work directly with the industries of concern to achieve any meaningful changes they would like to see. This is especially significant as the system has recently dropped from 80% funded to 71% funded. For these and the other reasons described above, the City of Tustin opposes SB 252 unless amended. DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621FA 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: B7942396-58B8-40D4-9676-9CE8832621FA 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: 4/17/2023- From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.. 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: 4/14/2023-Set for hearing April 24.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: 4/17/2023-Re- referred to Com. on JUD. Watch City of Tustin Priority State Legislation Matrix Updated 4.21.23 2023 California State Legislative Session Community Services Page 1 of 22 DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621FA 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 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: 4/10/2023- April 10 hearing: Placed on APPR suspense file. 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: 4/19/2023- From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (April 19). Re-referred to Com. on APPR. Watch Page 2 of 22 DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621FA 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: 4/20/2023-Re- 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: 4/19/2023-In committee: Set, first hearing. Referred to suspense file. 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: 4/19/2023-In committee: Set, first hearing. Referred to suspense file. Watch Page 3 of 22 DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621FA 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: 3/27/2023-Set for hearing April 24.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: 4/3/2023-Re- referred to Com. on 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: 4/19/2023- Coauthors revised. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 18). Re-referred to Com. on APPR. 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: 4/19/2023-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 22 DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621FA 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: 4/14/2023-Set for hearing April 25.Support 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: 4/10/2023- Read third time. Passed. Ordered to the Senate. In Senate. Read first time. To Com. on RLS. for assignment. 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: 4/19/2023- Coauthors revised.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: 4/20/2023-Re- referred to Com. on P. & C.P. 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: 3/28/2023- Coauthors revised. From committee: Do pass and re-refer to Com. on P. & C.P. (Ayes 6. Noes 2.) (March 28). Re- referred to Com. on P. & C.P. Watch Page 5 of 22 DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621FA 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: 4/14/2023-Set for hearing April 24.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: 4/10/2023- From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB S. 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: 4/20/2023- Read second time and amended. Watch Page 6 of 22 DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621FA 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 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: 3/29/2023- From committee: Do pass and re-refer to Com. on NAT. RES. (Ayes 8. Noes 0.) (March 28). Re- referred to Com. on NAT. RES. Watch Environment Page 7 of 22 DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621FA 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: 4/11/2023- From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (April 10). Re-referred to Com. on APPR. 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: 4/20/2023- From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended. 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: 4/19/2023- From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 0.) (April 19). Re-referred to Com. Watch Page 8 of 22 DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621FA 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. Current Status: 4/12/23 From committee with author's amendments. Read second time and amended. Re-referred to Com. on TRANS. 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. Current Status: 4/13/23 Set for hearing April 25. Watch AB 50 (Wood) Energy Utility Communication. This measure aims to address situation delays with connecting projects to the grid, including housing projects. Status: 4/18/2023-Re- referred to Com. on U. & E. 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: 4/11/2023-In committee: Hearing postponed by committee. 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: 4/20/2023- Read second time. Ordered to Consent Calendar. Watch Page 9 of 22 DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621FA 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: 4/13/2023-Set for hearing April 26.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: 4/19/2023- From committee: Do pass and re-refer to Com. on NAT. RES. (Ayes 10. Noes 2.) (April 18). Re-referred to Com. on 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: 4/14/2023-Set for hearing April 24.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: 4/18/2023- From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 8. Noes 3.) (April 17). Re-referred to Com. on L. GOV. 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: 4/19/2023- From committee: Do pass and re-refer to Com. on JUD. (Ayes 9. Noes 4.) (April 18). Re-referred to Com. on JUD. Watch Housing Page 10 of 22 DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621FA 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: 4/13/2023-Set for hearing April 26.Watch 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: 4/13/2023-Set for hearing April 26. Oppose Unless Amended SB 34 (Umberg) Surplus land disposal: violations: Orange County. Prohibits Orange County, or any city located therein, from proceeding with a planned disposal of surplus land if it receives a notice of violation from the Department of Housing and Community Development and the violation is not corrected within 60 days. Status: 4/19/2023- From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (April 19). Re-referred to Com. on APPR. Oppose Unless Amended AB 1505 (Rodriguez) Seismic retrofitting: soft story multifamily housing Would appropriate $250,000,000 from the General Fund to the California Residential Mitigation Program, as opposed to in the 2023-2024 Budget Act, for the purpose of implementing the Seismic Retrofitting Program for Soft Story Multifamily Housing. Status: 4/18/2023- From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 17). Re-referred to Com. on APPR. Support Page 11 of 22 DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621FA 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: 4/19/2023- Coauthors revised. From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 6. Noes 1.) (April 19). Re-referred to Com. on 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. Status: 4/6/2023-Re- referred to Com. on H. & C.D. Oppose Unless Amended 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. Status: 4/20/2023-Set for hearing April 24.Support Page 12 of 22 DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621FA 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: 4/18/2023-Re- 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: 4/19/2023- From committee: Do pass and re-refer to Com. on GOV. & F. (Ayes 8. Noes 2.) (April 18). Re-referred to Com. on GOV. & F. Watch 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 Page 13 of 22 DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621FA 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 (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 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: 4/20/2023- From committee: Amend, and do pass as amended and re- refer to Com. on APPR. (Ayes 10. Noes 1.) (April 19). 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: 4/18/2023-Set for hearing April 25.Watch Transportation Page 14 of 22 DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621FA 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: 4/20/2023- From committee: Do pass and re-refer to Com. on TRANS. (Ayes 6. Noes 2.) (April 19). Re-referred to Com. on TRANS. 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: 4/20/2023- From committee: Do pass and re-refer to Com. on P. & C.P. (Ayes 6. Noes 0.) (April 19). Re-referred to Com. on P. & C.P. Watch 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 Page 15 of 22 DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621FA 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: 4/18/2023- Read second time. Ordered to third reading.. 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: 4/19/2023- From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 19). Re-referred to Com. on APPR. 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: 4/20/2023-Re- referred to Com. on REV. & TAX. Watch Taxes Page 16 of 22 DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621FA 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: 4/19/2023-Re- referred to Com. on REV. & TAX. 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: 4/11/2023-In committee: Set, second hearing. Referred to suspense file. 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: 3/29/2023- From committee: Do pass and re-refer to Com. on REV. & TAX. (Ayes 8. Noes 0.) (March 29). Re- referred to Com. on REV. & TAX. 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 17 of 22 DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621FA 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: 4/11/2023-In committee: Hearing for testimony only. 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: 4/18/2023- VOTE: Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] (PASS) 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: 4/19/2023- From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (April 18). Re-referred to Com. on APPR. 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: 3/27/2023-Re- referred to Com. on L. GOV. Watch Governance and Labor Page 18 of 22 DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621FA SB 252 (Gonzalez) Public Retirement Systems: Fossil Fuels: Divestment. Would require CalPERS to divest from fossil fuels by 2030. Status: 4/20/2023- Read second time and amended. Re-referred to Com. on APPR. Watch 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: 4/12/2023- Coauthors revised. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 12). Re-referred to Com. on APPR. 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: 4/20/2023-Set for hearing May 3.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: 4/18/2023- Coauthors revised. From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 3.) (April 18). Re-referred to Com. on APPR. Watch Page 19 of 22 DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621FA 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 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: 4/20/2023- Read second time. Ordered to Consent Calendar. 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: 4/19/2023- Coauthors revised. From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 5. Noes 1.) (April 19). Re-referred to Com. on L. GOV. Watch AB 1248 (Bryan) Local Redistricting: Independent Redistricting Commissions. Would require independent redistricting commissions for cities over 300,000 in population. Status: 4/19/2023- Coauthors revised. From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 5. Noes 1.) (April 19). Re-referred to Com. on 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 20 of 22 DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621FA 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: 4/19/2023- April 18 set for first hearing. Failed passage in committee. (Ayes 2. Noes 0.) Reconsideration granted. 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 21 of 22 DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621FA SB 769 (Gonzalez) Local Government: Fiscal and Financial Training. Would require local officials to have two hours of fiscal training every two years Status: 4/20/2023- Read second time and amended. Re-referred to Com. on APPR. Watch SB 329 (Dodd) Cities: City Council Members: Compensation. Would allow general law cities to increase the council member salaries to reflect inflation Status: 4/20/2023- From committee: Do pass as amended. (Ayes 8. Noes 0.) (April 19). Watch Page 22 of 22 DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621FA 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: B7942396-58B8-40D4-9676-9CE8832621FA 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: B7942396-58B8-40D4-9676-9CE8832621FA 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: B7942396-58B8-40D4-9676-9CE8832621FA 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: B7942396-58B8-40D4-9676-9CE8832621FA 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: B7942396-58B8-40D4-9676-9CE8832621FA 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: B7942396-58B8-40D4-9676-9CE8832621FA