HomeMy WebLinkAbout04 LEGISLATIVE UPDATEDocuSign Envelope ID: 63A42991-01B5-4C3D-A20E-28CA97933E8E
C�1�r o�AGENDA REPORT
Agenda Item 4
Reviewed: os
City Manager
Finance Director
MEETING DATE: JULY 18, 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. Receive and file the updated legislative matrix as of July 7.
2. Receive and file legislative updates prepared by TPA.
FISCAL IMPACT:
Not applicable.
DISCUSSION:
State Legislative Updates
TPA has created a summary of state legislative activity for the month of June that is
attached to the staff report.
Legislative Tracking Matrix
Attached is a legislative tracking matrix as of July 7 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 June 2023 update
- Legislative Matrix as of July 7
- 2023 Legislative Platform
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TOWNSEND
TPA
MEMORANDUM
To:
City of Tustin
From:
Townsend Public Affairs
Date:
July 7, 2023
Subject:
June 2023 Monthly Report
The month of June saw the rapid approach of state budget and first house bill deadlines.
Lawmakers worked to pass legislation out of their respective house of origin before June 2 and
agree on a budget framework before June 15. Additionally, the Legislature negotiated with the
Administration on a comprehensive budget framework for 2023. The Governor signed the 2023
Budget Act into law prior to the constitutional deadline of July 1.
Below is an overview of pertinent state actions from the month of June.
State Budget
During the last week of June, the Legislature and Governor Newsom announced they had
reached a deal on the 2023 State Budget. On June 13, Governor Newsom signed the 2023
Budget Act, SB 101, into law, four days before the constitutional deadline of July 1. Overall, the
budget reflects a $310.8 billion spending plan for the 2023-24 fiscal year. This agreement also
closes an estimated $32 billion budget deficit while setting aside about $37.8 billion in reserves.
In early July, the Governor will continue to sign "Budget Jr. Bills" and "Budget Trailer Bills" which
amend the Budget Act and provide implementing language for key spending programs and
reflects the final agreement on the state's spending plan reached between the Administration and
the Legislature.
Much of the negotiations during June centered around the Governor's desire to include several
measures to expedite large-scale infrastructure projects by, in part, accelerating the judicial
review of CEQA lawsuits and providing funding for transit operations. Ultimately, the negotiations
resulted in a concession the Governor made, to remove the proposed Delta Tunnel water project
from being eligible for expedited CEQA review. Key accounts related to housing, homelessness,
public safety, and transportation are mostly stabilized from budget amounts in the past few years.
Below is an overview of key spending programs included in the final budget agreement, organized
by issue area:
Higher Education
The higher education budget spares delays and cuts to construction and student housing projects
by shifting costs to bonds, provides debt -free college to foster youth, and assures that the current
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$289 million for the state's middle-class scholarship program will continue through 2024-25 to
maintain the current level of funding for the program in that school year.
For student housing, the budget provides $300 million General Fund per year for six years (each
of 2023-24 through 2028-29) for the California Student Housing Revolving Loan Fund (Fund).
The Fund, created in the 2022 Budget Act, will provide zero -interest loans to qualifying campuses
of UC, CSU, and CCC for construction of affordable housing projects.
Housing
The housing package in the state budget includes various annual and one time funding programs.
The California Dream for All shared equity down payment assistance program for first-time
homebuyers is fully funded by rejecting the $200 million proposed cuts, as is the Accessory
Dwelling Unit Grant Program by rejecting $50 million in proposed cuts.
The budget directs $100 million to the Housing and Community Development Department's
flagship affordable housing development program: Multi -Family Housing Program. It retains $50
million for the CalHome affordable housing retention and rehabilitation program, by partially
rejecting $100 million in proposed cuts, and $82.5 million for the Foreclosure Intervention and
Housing Preservation Program while achieving budget year savings through deferral of $345
million previously allocated to the program.
Homelessness
The state budget includes $1 billion into round five of the state's Homeless Housing, Assistance
and Prevention program, which local officials can use for housing, outreach at encampments,
emergency shelters and more. In accordance with the Governor's desire to see local
accountability for use of funds, the agreement includes language to require local government
recipients to incorporate more data relating to homelessness prevention goals and outcomes to
more effectively assess the efficacy of the program.
Public Safety
The state budget includes various programs for opioid overdose education and prevention, with
$3.5 million ongoing funding to county offices of education to supply opioid overdose reversal
medication, with at least two units at all middle and high schools within each county office's
jurisdiction.
The budget also includes $15.3 million annually for four years from the Opioid Settlements Fund
to support harm reduction programs for staff and costs related to delivery of naloxone, fentanyl
test strips, overdose prevention and response training, and drug treatment provision and
navigation, in the California Harm Reduction Initiative.
Further, the budget agreement includes annual funding over the next four years for the expansion
of the Naloxone Distribution Project includes expenditure authority from the Opioid Settlements
Fund of $74.7 million in 2023-24, $35.7 million in 2024-25, and $24.7 million in 2025-26 and $24
million in 2026-27.
Transportation
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The transportation budget package includes a restoration of the $2 billion from the General Fund
for the TIRCP program, as well as committing $1.1 billion in new and previously appropriated
transit funding for the newly created Zero Emission Transit Capital Program. This funding would
flow to regional transportation agencies by formula and can be used for transit capital
infrastructure or can be directed to meet the operational needs of transit agencies in their
jurisdiction. The trailer bill language describes the process by which the regions can access their
share of these funds and includes some accountability measures regions must meet.
In addition, the transportation package requires CaISTA to establish and convene the Transit
Transformation Task Force to include representatives from transit operators, local governments,
transportation advocacy organizations, and other stakeholders, to develop policy
recommendations to grow transit ridership and improve the transit experience for all users of
those services. From this effort, a report of findings and policy recommendations are to be
submitted to the Legislature no later than October 31, 2025.
Assembly Member Robert Rivas Succeeds Assembly Member Anthony Rendon as Speaker
Following nearly a year -long transition, Friday, June 30 marked the final day of the Session with
Anthony Rendon as the Assembly Speaker, as Robert Rivas was sworn in to serve as the 71 st
Speaker of the Assembly. Assembly Member Rivas attempted to ascend to the Speakership in
May 2022, following long and tense negotiations within the Democratic Caucus. It was then
announced that a mid -session transition would take place following the final budget agreement.
During a special order of business, Assembly Member Robert Rivas took the Oath of Office as
the 71 st Speaker of the California State Assembly. Following the Oath of Office Ceremony, he
made a speech wherein he told of his family's migration from Mexico and how growing up in
farmworker housing with a single mother helped shape his political views. Representing an
agricultural swath of central California, Rivas becomes the first Speaker in a generation to hail
from a rural region. Seven of the last eight speakers were from Los Angeles; the other one was
from San Diego.
Speaker Rivas shared his goals for the upcoming year, which included working to address the
issues of homelessness and affordable housing.
In early July and after the Legislature's Summer Recess, Speaker Rivas is expected to announce
his leadership team, as well as any changes that will be made to the membership of committees
in the Assembly. This is likely to have a ripple effect in the Assembly's priorities, policy actions,
and political factions of the legislative body as a whole.
Governor Newsom Proposes Historic 28th Amendment to the United States Constitution
to End America's Gun Violence Crisis
In early June, Governor Newsom proposed a 28th Amendment to the United States Constitution
to reform gun ownership and safety laws. Governor Newsom stated, "This will guarantee states
the ability to enact common-sense gun safety laws while leaving the 2nd Amendment intact,
respecting America's gun -owning tradition".
The 28th Amendment will permanently enshrine four gun safety principles into the U.S.
Constitution:
• Raising the federal minimum age to purchase a firearm from 18 to 21;
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Mandating universal background checks to prevent truly dangerous people from
purchasing a gun that could be used in a crime;
Instituting waiting periods for all gun purchases; and
Barring civilian purchase of assault weapons.
An amendment to the United States Constitution will require California lawmakers to introduce a
joint resolution with a simple majority to call for a Constitutional Convention. If the Constitutional
convention is triggered, then three -fourths of states would have to vote "yes" for it to pass (33 in
total). There has never been a U.S. Constitutional amendment proposed by states that has ever
passed.
California Lawmakers indicated on Thursday that they began the process of drafting the joint
resolution. Democratic Assembly Member Reggie Jones -Sawyer, who will be filing the resolution,
didn't say when exactly when the legislation will be formalized.
Legislature Releases Behavioral Health Policy and Funding Reforms to be Incorporated
into 2024 Ballot
In late June, Senator Eggman and Assembly Member Irwin gut and amended two bill vehicles to
insert the anticipated Mental Health Services Act (MHSA) reforms and Behavioral Health
Continuum funding packages. These developments follow an announcement from Governor
Newsom in early March wherein he stated plans to develop a ballot initiative to improve how
California treats mental illness, substance abuse, and homelessness. The package was said to
include three parts:
Amends the Mental Health Services Act (MHSA) leading to at least $1 billion every year
in local assistance for housing and residential services for people experiencing mental
illness and substance use disorders, and allowing MHSA funds to serve people with
substance use disorder;
2. Authorizes a general obligation bond to build thousands of new community behavioral
health beds in residential settings to house Californians with mental illness and substance
use disorders, which could serve over 10,000 people every year in residential -style
settings that have on -site services; and
3. Improves statewide accountability through the development of outcome measures
(instead of just process measures) and increase fiscal transparency by requiring counties
to report on annual expenditures for key funding brackets.
Senator Eggman's SB 326 is the vehicle for MHSA policy reforms and Assembly Member Irwin's
AB 531 is the vehicle for the issuance of bonds for the state's behavioral healthcare infrastructure
needs. Additional details on both of the measures are outlined below:
• SB 326 (Eggman) recasts the MHSA by, among other things, renaming it the Behavioral
Health Services Act (BHSA), expanding it to include treatment of substance use disorders,
changing the county planning process, and expanding services for which counties and the
state can use funds.
Key takeaways are that the reforms would greatly expand the pool of who can receive
care with funds, improve interagency data collection practices to gather a better
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understanding of the target population/population served, and update funding brackets to
expand services to include housing interventions, among other things.
• AB 531 (Irwin) enacts the Behavioral Health Infrastructure Bond Act of 2023 which, if
approved by the voters, authorizes $4,680,000,000 in bonds to finance grants for the
construction and capital acquisition of community -based treatment settings, residential
care settings, and housing for veterans and others who are experiencing homelessness
or are at risk of homelessness and are living with a behavioral health challenge.
The Governor released a statement and factsheet regarding the release of the language. The
anticipated next steps for these two policy bills is to work their way through the legislative process
in the coming months, and will require consideration and approval by the Legislature before
moving to the Governor's desk for signature in 2023. These steps need to occur prior to being
presented to the voters for approval in March 2024. As shown with the passage of the CARE
Court bill and now this push for the expansion of services and infrastructure — the State is moving
in the direction of recentralizing its behavioral healthcare system, which was previously
dismantled in the 1960s.
New Study Explores Causes and Barriers to Housing for State's Homelessness Population
In late June, the University of California San Francisco Benioff Homelessness and Housing
Initiative released a long-awaited study on the causes and experiences of people experiencing
homelessness in California. The representative study, Toward a New Understanding: The
California Statewide Study of People Experiencing Homelessness, was compiled after 13 months
of data collection between October 2021-November 2022.
The study produced a number of interesting data points - some of which contradict common
statements made during policy debates. For instance, the study found that money, more than
addiction, mental health, poor decisions or other factors, is the main cause of — and potential
solution to — homelessness. While a range of barriers prevented participants from obtaining
housing, 89% of participants indicated that high housing costs negatively impacted their ability to
exit homelessness and nearly all participants indicated that a financial subsidy or housing voucher
would help them exit homelessness.
Further, 90% of participants lost their last housing in California, and 75% of participants lost their
last housing in the same county they currently reside in. This counters the common narrative that
people come to California after losing their housing in another state or country. In addition, nearly
every participant expressed interest in obtaining permanent housing.
The study concluded with a range of policy recommendations for local, state, and federal
policymakers, including increasing affordable housing access for low-income households,
expanding homelessness prevention services and interventions, ensuring the availability of robust
behavioral health services and supports, and embedding racial equity approaches into the
homeless delivery system.
Broadband Funding Updates
On June 26, the United States Department of Commerce's National Telecommunications and
Information Administration (NTIA) announced funding allocations for the $42.45 billion Broadband
Equity, Access, and Deployment (BEAD) program from the Bipartisan Infrastructure Law to
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administer grant programs within their borders. California will receive $1.86 billion in funding from
the BEAD program.
BEAD funding will be used to deploy or upgrade broadband networks to ensure that everyone
has access to reliable, affordable, high-speed Internet service. Once deployment goals are met,
any remaining funding can be used to pursue eligible access, adoption, and equity -related uses.
An overview of allocations can be found here.
In response to the release of funding, the California Public Utilities Commission (CPUC) will host
a live webinar for the Federal Funding Account broadband grant program on July 6, 2023, at 10
a.m. Applicants will have the opportunity to learn more about last mile broadband infrastructure
project deployment and how to apply for funding. A link to the webinar registration information can
be found here.
The month of June saw several developments on the federal appropriations front, and the
announcement of major policy initiatives in the issue areas of ending gun violence, aviation
administration, transportation and infrastructure, and clean energy. Additionally, the end of the
Supreme Court term produced a number of high -profile rulings on long -anticipated decisions.
Below is the overview of pertinent federal actions from the month of June.
Supreme Court Issues Rulings on Same -Sex Protections, Student Loan Debt Forgiveness,
and Affirmative Action
During the last week of June, the Supreme Court handed down its final opinions of the term,
including highly anticipated decisions on student loan forgiveness and free speech and LGBTQ+
protections.
Included are the following rulings and their associated impacts:
Student Loan Forgiveness
The Supreme Court ruled that the Biden administration does not have the authority to implement
the President's student loan debt forgiveness plan. The program would have canceled $10,000
in student debt for all borrowers who made less than $125,000, up to $20,000 for borrowers who
also received Pell grants and would have impacted over 43 million Americans.
Roughly 26 million borrowers applied to have some of their student debt canceled while legal
battles played out. Student loan payments will now begin accruing interest in September and
payments are due to restart in October after a three-year pandemic -related hiatus. Estimates
suggest that nearly 20 percent of borrowers are at risk of default when payments resume.
President Biden will announce new actions to address student loan debt in light of the Supreme
Court's decision and is working with the Department of Education to identify ways to ease the
impact of payment resumption.
Affirmative Action
The Supreme Court issued a decision setting new limits on affirmative action programs. The
lawsuit stemmed from allegations that affirmative action permits intentional discrimination toward
Asian American applicants. The Supreme Court ruled that the 14th Amendment prohibits the use
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of racial preferences in admissions, overriding the decades long precedent of permitting the
consideration of race so long as schools did not use a quota system.
While the decision states that, "nothing prohibits universities from considering an applicant's
discussion of how race affected the applicant's life, so long as that discussion is concretely tied
to a quality of character or unique ability that the particular applicant can contribute to the
university," in practice, the ruling likely only narrowly preserves race -conscious considerations
through an applicant's essay or interview.
Affirmative action has been banned in California since 1996 but the new decision will now extend
the prohibition to private colleges and universities throughout the state. As a result of the ruling,
higher education officials may now consider ways to promote diversity even if they can't consider
race directly in admission decisions. This may lead to efforts to increase the enrollment of
community college transfer students and increase high school outreach.
President Biden responded shortly after the decision urging colleges to "give serious
consideration to the adversities students have overcome, including the financial means of a
student or their family; where a student grew up and went to high school; and personal
experiences of hardship or discrimination, including racial discrimination, that a student may have
faced." The Administration plans to roll out several actions in the coming months to provide
colleges with clarity on what admissions practices and additional programs to support students
remain lawful.
LGBTQ+ Protections
The Supreme Court ruled in favor of Lorie Smith, a Colorado -based web designer who claimed
the First Amendment entitles her to refuse service to couples seeking websites that celebrate
same -sex marriage. Smith, an evangelical Christian, originally filed suit in 2016, declaring her
business exempt from the state's antidiscrimination law. Twenty-eight states (including California)
and the District of Columbia have public accommodation discrimination laws protecting sexual
orientation and gender identity.
A federal appeals court in Denver previously ruled that businesses open to the public must treat
all potential customers equally regardless of sexual orientation. However, in Smith's appeal to the
Supreme Court, the 6-3 decision found that Colorado's antidiscrimination law couldn't be enforced
to require a business owner to express ideas she opposes. The ruling may impact state public
accommodation laws for businesses who sell "expressive" goods.
President Biden responded to the decision by stating, "I'm deeply concerned that the decision
could invite more discrimination against LGBTQI+ Americans. More broadly, today's decision
weakens long-standing laws that protect all Americans against discrimination in public
accommodations —including people of color, people with disabilities, people of faith, and women."
The President called on Congress to amend civil-rights law to explicitly account for sexual
orientation.
Biden-Harris Administration Opens Streamlined Application Process for More Than $5.5
Billion in Funding to Help Carry Out Major Infrastructure Projects Across the Country
During the last week of June, U.S. Transportation Secretary Pete Buttigieg announced that the
Department of Transportation is now taking applications for up to $5.575 billion in funding from
President Biden's Bipartisan Infrastructure Law for projects of regional or national significance.
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This funding supports three major discretionary grant programs that involve surface transportation
projects designed to strengthen supply chains, spur economic development, and improve safety
and daily life. Applications for funding are being solicited together under a single opportunity titled
the Multimodal Project Discretionary Grant program.
Available grant funding includes:
$1.8 billion for the National Infrastructure Project Assistance (Mega) program: The
Mega program supports large, complex projects that are difficult to fund by other means
and are likely to generate national or regional economic, mobility, or safety benefits.
Eligible projects could include highway, bridge, freight, port, passenger rail, and public
transportation projects of national or regional significance. Per the law, 50 percent of
funds are available for projects above $500 million in total cost, and 50 percent are
available for projects between $100 million and $500 million in total cost.
$3.1 billion for the Infrastructure for Rebuilding America (INFRA) program: The
INFRA program awards competitive grants to multimodal freight and highway projects of
national or regional significance to improve the safety, accessibility, efficiency, and
reliability of the movement of freight and people in and across rural and urban
areas. Eligible projects will improve safety, generate economic benefits, reduce
congestion, enhance resiliency, and hold the greatest promise to eliminate supply chain
bottlenecks and improve critical freight movements.
$675 million for the Rural Surface Transportation Grant (Rural) program: The Rural
program supports projects that improve and expand our nation's surface transportation
infrastructure in rural areas in order to increase connectivity, improve the safety and
reliability of the movement of people and freight, and generate regional economic growth
and improve quality of life. Eligible projects for Rural grants include highway, bridge, and
tunnel projects that help improve freight, safety, and provide or increase access to
agricultural, commercial, energy, or transportation facilities that support the economy of a
rural area. 90% of rural funding must be awarded in $25 million or greater amounts.
The deadline for applications is 11:59 pm EDT on August 21, 2023, additional information and
other helpful resources are linked here.
House Transportation and Infrastructure Committee Approves Bipartisan Federal
Aviation Administration Reauthorization Bill
In mid -June, the House Transportation and Infrastructure Committee approved a bipartisan bill to
reauthorize the Federal Aviation Administration on a 63-0 vote. The bill, H.R. 3935 would
authorize spending more than $100 billion on airports, equipment, and aviation operations over a
five-year period.
Over the course of the two-day markup, the panel discussed many amendments and adopted
items such as raising the retirement age for pilots, providing extra training for airport employees
who assist passengers in wheelchairs, and providing instructions on pumping for flight crews. The
committee's vote is a step in the right direction for the bipartisan reauthorization plan, which
leaders hope to bring to the House floor in July after adding tax and research elements that were
taken into consideration by other committees. The legislation will need to be negotiated with the
Senate before the FAA's existing authorities expire on September 30. The Senate Commerce
Committee is scheduled to hold their own markup as well.
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Additional measures pertaining to refunds and airline scheduling are included in the Senate FAA
Act. In mid -June, consumer advocacy organizations slammed the House plan for giving airlines
and FAA officials more control over consumers. The House plan would relax the rules that airlines
must follow in order to advertise the complete cost of a ticket, which has angered advocacy
groups. However, during the session, lawmakers praised the consumer protections. A clause
regarding pilot training standards is one of the main differences between the House and Senate
proposals. To qualify as first officers for commercial airlines, regulations stipulate that pilots must
log at least 1,500 training flights; simulator use is now permitted for a maximum of 100 hours. Up
to 150 additional hours in a full -flight simulator might be counted toward the training hours under
the House proposal.
Reconnecting Communities and Neighborhoods (RCN) Program
The Office of the Secretary of Transportation (OST) will soon release a joint Notice of Funding
Opportunity (NOFO) for the Reconnecting Communities Pilot (RCP) and Neighborhood Access
and Equity (NAE) programs, which will combine two major discretionary grants into one NOFO.
Together, this combined program will be known as the Reconnecting Communities and
Neighborhoods (RCN) Program.
Created in the Bipartisan Infrastructure Law, funding from the $1 billion pilot program will help
reconnect communities that were previously cut off from economic opportunities by transportation
infrastructure. Reconnecting a community could mean adapting existing infrastructure— such as
building a pedestrian walkway over or under an existing highway— to better connect
neighborhoods to opportunities or better means of access such as crosswalks and redesigned
intersections.
The RCN NOFO will solicit grant applications for the Reconnecting Communities Pilot
discretionary grant program, and for the newly created Neighborhood Access and Equity
discretionary grant program, established by the Inflation Reduction Act (IRA). Neighborhood
Access grants can be used for a variety of projects that at their heart will restore connectivity in
disadvantaged or underserved communities.
Under the combined RCN Program, USDOT will offer three grant types:
Capital Construction Grant: $1.15 Billion total: $148 Million RCP Capital Construction
Funds and $1 Billion NAE Funds; To fund both reconnecting -focused projects and smaller
projects focused on reducing environmental harm and improving access in disadvantaged
communities.
Community Planning: $185 Million total: $50 Million RCP Planning Funds and $135 Million
NAE Funds, To provide funds for planning activities to support future construction projects
and allow for innovative community planning to address localized transportation
challenges.
Regional Partnerships Challenge: $450 Million NAE Funds; To incentivize stronger
partnerships between local governments, Tribal governments, MPOs/RPOs, State DOTs,
and non-profit, private, and community partners to tackle persistent equitable access and
mobility challenges, as well as green house gas emissions reductions. (Applicants must
consist of a partnership between two or more eligible agencies).
Additional information on how to apply, frequently asked questions, and the Department's Benefit
Cost Analysis Guidance for Discretionary Grant programs are forthcoming and will be available
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at Reconnecting Communities and Neighborhoods Grant ProgramI US Department of
Transportation.
The Biden-Harris Administration Takes Additional Actions to Address Mental Health Needs
of Young People and Make Communities Safer from Gun Violence
In mid -June, the U.S. Department of Education (ED) and the U.S. Department of Health and
Human Services (HHS) took additional steps to advance the investments and efforts set forth by
President Biden's Bipartisan Safer Communities Act (BSCA). BSCA set forth crucial mental health
investments and actions to prevent and respond to gun violence in communities, ensure that
those experiencing grief and trauma resulting from gun violence have access to high -quality
mental health services, and supports to make our schools safer and expand community violence
interventions.
BSCA implementation has a multifaceted approach to deliver on crucial protections and resources
to help prevent gun violence in schools and support the development of high -quality school -based
mental health services. At ED, this includes awarding $286 million to date across 264 grantees in
48 states and territories to boost the training, hiring, and diversification of mental health
professionals in schools through its School -Based Mental Health and Mental Health Service
Professional Demonstration grant programs (which will result in an estimated 14,000 additional
mental health professionals in schools); distributing $1 billion in the Stronger Connections Grant
program to help schools in high -need districts provide students with safe, welcoming, and
supportive learning opportunities and environments that are critical for their success; and
providing an additional $50 million to supplement before and after -school programming for young
people through the Nita M. Lowey 21st Century Community Learning Centers, through evidence -
based practices that increase attendance and engagement among middle- and high-school aged
youth.
At HHS, nearly $245 million in funding has been awarded to support youth mental health, help
the health care workforce address mental health needs, and fund other critical mental health
supports; $70 million to help develop and support school -based mental health programs; almost
$60 million to prepare and train school personnel, emergency first responders, law enforcement
and others to recognize the signs and symptoms of mental health challenges; and almost $55
million to increase treatment and support services for individuals and communities affected by
trauma caused by gun violence. In the coming months, HHS will also provide almost $60 million
to states and territories for the second of four increments in supplemental funding for the
Community Mental Health Services Block Grant for mental health treatment and recovery services
including crisis services and early serious mental illness treatment programs.
Treasury Department Announces Details of Direct Pay for Cities, Counties, Special
Districts, Non -Profits
In mid -June the Treasury Department announced details of an expanded tax credit for clean
energy technologies provided as a result of the Inflation Reduction Act which became law in
August 2022. The tax credits include a provision that enables tax-exempt and government
entities, such as cities, counties, water districts, college districts, transit districts, and non-profit
organizations to receive the tax credit in the form of a direct payment.
The feature, known as direct pay by the White House and elective pay by the IRS, applies to
twelve tax credits created by the Inflation Reduction Act. Among these are a tax credit (direct
payment) of up to $40,000 for qualified commercial clean vehicles such as buses, ambulances,
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and other public fleet vehicles. There is also a tax credit for EV charging infrastructure and
clean electricity production such as community solar panels and for clean energy storage.
A full list of the tax credits eligible for direct pay is detailed on this IRS fact sheet here.
Unlike most federal funding opportunities created in recent years this is not a competitive grant
program. All eligible entities making eligible clean energy investments who file the required forms
will receive direct payment.
The process to access the payments will be similar to filing a tax return. Eligible entities will need
to preregister with the IRS and then file an IRS Form 990-T for the tax year that the qualifying
purchase was made. More information about the preregistration process will be provided by the
IRS later this year. Once the required form is filed, the credit will be issued in the form of a direct
payment, as though it were a tax refund.
The Treasury's announcement in mid -June included proposed regulations implementing the
direct pay provision. The proposed regulations were be published on June 21, and the
announcement initiated a formal 60-day public comment period. The Treasury welcomes
feedback on the proposed regulations through August 14, 2023.
Additional Resources
• IRS Fact Sheet: Elective Pay Overview
• IRS Fact Sheet: State and Local Governments
• IRS Fact Sheet: Tax -Exempt Organizations
• IRS Fact Sheet: Elective Pay Eligible Tax Credits
• Treasury Department Press Release (June 14, 2023)
• IRS FAQ: Elective Pay and Transferability
• White House Direct Pay Landing Page
FAA Opens Public Comment Period on Noise Policy Review
As part of the Federal Aviation Administrations (FAA's) ongoing commitment to address aircraft
noise, the agency is asking for public comment on its Noise Policy Review (NPR). The agency
published a Federal Register Notice (FRN) to solicit comments.
The NPR will look at these key items and more based on input received from the public and
stakeholders.
• The FAA's current use of DNL or Day -Night Average Sound Level as the primary noise
metric for assessing cumulative aircraft noise exposure.
• If and how alternative noise metrics may be used in lieu of or in addition to DNL to better
inform agency decisions and improve FAA's disclosure of noise impacts.
• The community's understanding of noise impacts and how to better manage and respond
to community's aviation noise concerns.
• Ways to improve communications on proposed noise -related agency actions.
• The findings from ongoing noise research, including the Neighborhood Environmental
Survey and other research related to health impacts, speech interference, sleep
disturbance, and economic impacts.
11
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The FRN comment period deadline is July 31, 2023. To read and comment on the FRN, and to
receive more information, click here.
FY2024 Federal Appropriations
While appropriators in the House had begun mark-ups of their 12 appropriations bills in May,
much of the work was paused to finalize a debt ceiling deal with the White House. After much
delay, on June 3, President Joe Biden signed into law the bipartisan debt bill, suspending the debt
ceiling until January 1, 2025 and averting a first ever national default. Also included in the bill was
an agreement on budget levels for Fiscal Years 2024 and 2025. With these levels in place, the
House and Senate Appropriations Committees will restart stalled work on their FY24
appropriations bills.
The Senate and the House began work again the second week of June. Subcommittee markups
are the first step in the approval process, and is the first time the public is able to view the text of
the appropriations bills, as well as the list of committee -approved earmarks. Following
subcommittee approval, the full Appropriations Committee considers the bill before sending the
bill to the full chamber for consideration.
As part of the debt ceiling negotiations, a handshake deal was made between Senate Majority
Leader Chuck Schumer and Minority Leader Mitch McConnell to move all twelve appropriations
bills through the Senate before September 30. In recent years, the Senate has not held votes on
their appropriations bills, opting instead to simply negotiate with the House and pass compromise
bills largely crafted behind closed doors. The House has a similar goal of moving their twelve
appropriations bills before the August recess.
Anger over the debt deal among the House Republican Conference's right flank boiled over this
week when eleven members voted against a procedural motion to consider unrelated bills,
bringing the House floor to a standstill. In exchange for their votes to restart the legislative process
the eleven dissidents are reportedly negotiating lower spending levels for the House
appropriations bills than were negotiated as part of the debt deal.
As a result of Speaker McCarthy's agreement with his hardliners we are told by committee
members to expect lower than hoped for funding levels for both earmarks and funding accounts.
With the exception of Defense, Veterans, and Homeland Security bills, House appropriators will
be slashing funding to comply with the agreement.
A full chart of House appropriations allocations is below:
Subcommittee
2023 enacted
2024 House
Change
Percentage
level (in
plan
change
millions
Agriculture -FDA
$25,480
$17,838
$-7,642
-30%
Commerce-
82,441
58,676
23,765
-29
Justice -Science
Defense
797,736
826,448
28,712
4
Energy and
54,000
52,378
1,622
-3
Water
Financial
27,556
11,311
-16,245
-59
Services
12
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Homeland
60,703
6,2793
2,090
3
Security
Interior-
38,850
25,417
-13,433
-35
Environment
Labor-HHS-
207,367
147,096
-60,271
-29
Education
Legislative
6,900
6,746
-154
-2
Branch
Military
154,168
155,701
1,533
1
Construction -VA
State and
59,693
41,367
-18,326
-31
Foreign
Operations
Transportation-
87,332
65,208
-22,124
-25
HUD
Total
1,602,226
1,470,979
-131,247
-8
Meanwhile, while House Republicans are negotiating to fund the government at levels below the
negotiated levels, Senate Republicans are seeking ways to increase the funding levels, especially
for Defense. This dynamic will play out through the summer and fall as House and Senate
appropriators and leadership negotiate final spending bills.
During the week of June 12, the full House Appropriations Committee approved the FY24 Military
Construction -Veterans Affairs bill on a party line vote as well as the FY24 Agriculture -FDA bill.
The House Energy and Water Development and Defense Subcommittees also met and approved
their respective earmark lists.
The Senate held their first markups in the Agriculture and Military, VA Subcommittees. While the
Senate started their process a couple weeks after the House, the chair of the Senate
Appropriations committee has stated that she is committed to passing all 12 appropriations bills
by September.
Currently, Congress is in the middle of a two -week recess and will resume session on July 11. It
is anticipated that committees in both chambers will continue to meet to approve the remaining
funding bills before leaving again for the August recess.
13
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City of Tustin Priority State Legislation Matrix
2023 California State Legislative Session
Updated 7.7.23
Bill Bill Summary Bill Status Position
Community Services
Status: 6/30/2023-
Would update California's 1967 conservatorship law by
From committee with
SB 43 (Eggman)
expanding the definition of "gravely disabled" to include
author's amendments.
Watch
Behavioral Health.
conditions that result in a substantial risk of serious harm to an
Read second time and
individual's physical or mental health.
amended. Re -referred
to Com. on JUD.
SB 363 (Eggman)
Status: 6/13/2023-
Facilities for
From committee: Do
Inpatient and
pass and re -refer to
Residential Mental
Would establish a real-time, internet-based dashboard to collect,
Com. on APPR. with
aggregate, and display information about available beds in
recommendation: To
Watch
Health and
psychiatric and substance abuse facilities.
consent calendar.
Substance Use
(Ayes 15. Noes 0.)
Disorder:
(June 13). Re -referred
Database.
to Com. on APPR.
Page 1 of 20
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Status: 6/28/2023-
From committee: Do
AB 33 (Bains)
pass and re -refer to
Fentanyl Addiction
Would establish a task force to analyze data on the extent of fentanyl
Com. on APPR with
Status: 6/7/2023-
and Overdose
use in California and evaluate approaches to increase public
recommendation: To
Referred to Com. on
Prevention Task
awareness.
Consent Calendar.
PUB S.
Force.
(Ayes 5. Noes 0.)
(June 27). Re -referred
to Com. on APPR.
SB 19 (Seyarto)
Would establish a task force to analyze data on the extent of fentanyl
Status: 6/22/2023-
Anti-Fentanyl
use in California and evaluate approaches to increase public
Read second time and
Watch
amended. Re -referred
Abuse Task Force.
awareness.
to Com. on PUB. S.
Page 2 of 20
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AB 799 (L. Rivas)
Status: 7/3/2023-From
Homeless
committee chair, with
Housing,
author's amendments:
Assistance, and
This measure would create new accountability requirements for
Amend, and re -refer
Prevention
local governments accessing state funding through the Homeless
to committee. Read
Watch
Housing, Assistance, and Prevention Program (HHAP).
second time,
Program:
amended, and re -
Homelessness
referred to Com. on
Accountability Act.
HOUSING.
AB 1215 (Carrillo)
Pets Assistance
with Support
Status: 7/3/2023-In
Grant Program:
Would create a grant program for homeless and domestic violence
committee: Referred
Watch
Homeless
shelters to accommodate pets.
to APPR suspense
Shelters: Domestic
file.
Violence Shelters:
Pets.
Page 3 of 20
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AB 1321 (Bonta)
California
Coordinated
Would create a competitive grant program to implement a
Status: 7/3/2023-In
Neighborhood and
comprehensive, integrated continuum of cradle -to -career
committee: Referred
to APPR suspense
Watch
Community
solutions at the neighborhood level.
file.
Services Grant
Program.
Status: 7/5/2023-From
Would require the State Department of Social Services to establish
committee: Do pass
AB 262 (Holden)
and lead a stakeholder workgroup to gather information and
and re -refer to Com.
Children's Camps:
provide recommendations to the Legislature regarding the
on APPR. (Ayes 5.
Watch
Regulation.
development of subsequent legislation for children's camps.
Noes 0.) (July 3). Re-
referred to Com. on
APPR.
Public Safety
Page 4 of 20
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AB 1034 (Wilson)
Would prohibit a law enforcement agency or law enforcement
Law Enforcement:
officer from installing, activating, or using any biometric
Facial Recognition
surveillance system in connection with an officer camera or data
Status: 5/24/2023-
and Other
collected by an officer camera and would authorize a person to
Referred to Com. on
Watch
bring an action for equitable or declaratory relief against a law
PUB S.
Bi
cnce.
enforcement agency or officer who violates that prohibition.
veill
Surveillance.
Would sunset on January 1, 2034.
Would make it a crime for a person to willfully threaten to commit
Status: 6/27/2023-
SB 796 (Alvarado-
a crime that will result in death or great bodily injury at a
June 27 set for first
Watch
Gil) Threats.
particular location or event.
hearing canceled at
the request of author.
Would require the EMS authority to develop an electronic
Status: 7/5/2023-From
signature for use between the emergency department medical
committee chair, with
personnel at a receiving facility and the transporting emergency
author's amendments:
AB 40 (Rodriguez)
medical personnel that captures the points in time when the
Amend, and re -refer
Emergency
hospital receives notification of ambulance arrival and when
to committee. Read
Watch
Medical Services.
transfer of care is executed for documentation of ambulance
second time,
patient offload time and would require the authority to develop a
amended, and re -
statewide standard of 20 minutes, 90% of the time, for ambulance
referred to Com. on
patient offload time.
HEALTH.
Environment
Page 5 of 20
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Status: 6/28/2023-In
committee: Set, first
hearing. Hearing
canceled at the
request of author.
AB 2 (Ward)
Would create end -of -life management of photovoltaic modules (or
From committee chair,
Recycling: Solar
solar panels), minimization of hazardous waste, and recovery of
with author's
Watch
Photovoltaic
commercially valuable materials.
amendments: Amend,
Modules.
and re -refer to
committee. Read
second time,
amended, and re -
referred to Com. on
E.Q.
Page 6 of 20
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Status: 6/27/2023-
From committee chair,
with author's
AB 573 (E. Garcia)
amendments: Amend,
Organic Waste
This measure intends to support rural and/or border cities with
and re -refer to
Watch
Disposal
meeting SB 1383 procurement targets.
committee. Read
Reduction Targets.
second time,
amended, and re -
referred to Com. on
E.Q.
AB 863 (Aguiar-
Curry) Carpet
Recycling: Carpet
Would increase the per day penalty for violations of carpet
Status: 7/6/2023-Read
Stewardship
stewardship laws. Would provide that if a carpet stewardship
second time and
Organizations:
organization violates a provision of the carpet stewardship law
amended. Re -referred
Watch
Fines:
three times, they become ineligible to act and the successor rules
to Com. on APPR.
will apply.
pp y'
Succession:
Procedure.
Status: 6/28/2023-
From committee chair,
Summary: Current law requires the Department of Conservation and the State
with author's
AB 1526 (Asm. Nat
Water Resources Control Board to provide to the fiscal and relevant policy
amendments: Amend,
Resources) Solid
committees of the Legislature an annual report regarding certain aspects of the
and re -refer to
Watch
implementation of the Underground Injection Control Program until October 1, 2024.
committee. Read
Waste.
This bill would make these provisions inoperative on October 1, 2029, and would
second time,
repeal them as of January 1, 2030.
amended, and re -
referred to Com. on
E.Q.
SIB 615 (Allen)
Would require electric vehicle manufacturers, dealers and other
Status: 6/15/2023-
Solid Waste:
parties to be responsible for making sure lithium -ion vehicle
June 20 set for first
Watch
Lithium Vehicle
batteries are recycled and repurposed at the end of their useful
hearing canceled at
Batteries.
life.
the request of author.
Page 7 of 20
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Status: 7/3/2023-From
committee with
SIB 707 (Newman)
Would require textile producers to establish a stewardship program
author's amendments.
Watch
Textile Recovery.
for the collection and recycling of a covered textile product.
Read second time and
amended. Re -referred
to Com. on NAT. RES.
Status: 7/3/2023-
VOTE: Do pass as
AB 50 (Wood)
This measure aims to address situation delays with connecting
amended, but first
Energy Utility
projects to the grid, including housing projects.
amend, and re -refer to
Watch
Communication.
the Committee on
[Appropriations]
(PASS)
AB 1132
Would extend to 2034 the current limit on permit fees that a city or
Status: 6/27/2023-
Read second time.
(Freidman) Solar
county may charge for a residential and commercial solar energy
Ordered to third
Watch
Permit Fees.
system.
reading.
Page 8 of 20
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Status: 6/20/2023-
Would require local governments in coastal areas to implement
From committee: Do
SB 272 (Laird) Sea
sea level rise planning and adaptation by 2034. Would also require
pass and re -refer to
Level Rise
the California Coastal Commission and the San Francisco Bay
Com. on APPR. (Ayes
Watch
Planning.
Conservation and Development Commission to establish guidelines
10. Noes 1.) (June
for the preparation of that planning and adaptation by 2024.
19). Re -referred to
Com. on APPR.
AB 1567 (E.
Would collectively propose $20 billion in bonds for safe drinking
Status: 6/14/2023-
Garcia), SB 638
water, wildfire prevention, drought preparation, flood protection,
Referred to Corns . on
Watch
(Eggman), and SB
and extreme heat mitigation.
N.R. & W. and GOV.
867 (Allen)
& F.
Status: 6/22/2023-
From committee with
SB 69 (Cortese)
Would require local agencies to provide any subsequent revised or
author's amendments.
Read second time and
CEQA Document
amended copy of CEQA documents upon request by mail or email
amended. Re -referred
Watch
Requests.
and to submit the documents to the state clearinghouse. Would toll
to Com. on NAT. RES.
the statutes of limitation periods for each document request.
June 26 set for first
hearing canceled at
the request of author.
AB 460 (Bauer-
Would authorize the State Water Resources Control Board to fine
Status: 6/27/2023-In
Kahan) State
$10,000 for each day in which a violation occurs and $5,000 for
committee: Set, first
Water Board
each acre-foot of water diverted in violation of an interim relief
hearing. Hearing
Watch
Authority.
order.
canceled at the
request of author.
Housing
Page 9 of 20
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SB 4 (Wiener)
Planning and
Zoning: Housing
Status: 6/30/2023-
Development:
Would require that a housing development project be a use by right on
Read second time and
Higher
any land owned by an independent institution of higher education or
amended. referred
Watch
Education
religious institution on or before January 1, 2024.
N
to Com. on NAT. RES.
Institutions and
Religious
Institutions.
Would modify and expand SB 35 provisions that allow certain
SB 423 (Wiener)
multifamily housing developments to take advantage of a streamlined,
Streamlined
ministerial approval process. Specifically, this measure would:
Status: 6/30/2023-
Housing
• Remove the 2026 sunset and makes the statutes permanent.
Read second time and
Oppose Unless
Approvals:
• Apply SB 35 provisions to the Coastal Zone.
amended. Re -referred
Amended
Multifamily
• Allow the state to approve housing developments on property they
to Com. on NAT. RES.
Housing
own or lease.
Developments.
• Prohibit a city from enforcing its inclusionary housing ordinance if the
income limits are higher than those in SB 35.
SB 34 (Umberg)
Prohibits Orange County, or any city located therein, from proceeding with a
Surplus land
planned disposal of surplus land if it receives a notice of violation from the
Status: 6/29/2023-
Oppose Unless
disposal:
Department of Housing and Community Development and the violation is not
Assembly Rule 56
Amended
violations: Orange
corrected within 60 days.
suspended..
County.
Status: 7/3/2023-From
AB 1505
committee chair, with
(Rodriguez)
Would appropriate $250,000,000 from the General Fund to the California
author's amendments:
Seismic
Residential Mitigation Program, as opposed to in the 2023-2024 Budget Act, for the
Amend, and re -refer
to committee. Read
Support
retrofitting:soft
purpose of implementing the Seismic Retrofitting Program for Soft Story Multifamily
p p p g g g Y Y
second time,
story multifamily
Housing.
amended, and re-
housing
referred to Com. on
G.O.
Page 10 of 20
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Would require a city or county to provide, to a 100% affordable housing
AB 1490 (Lee)
project, the following:
Status: 7/6/2023-From
Affordable
• Approving all entitlements and permits within 30 days or less.
committee: Amend,
Housing
• Waiving local building and permit fees.
and do pass as
Development
• Low-income utility rates shall be available.
amended and re -refer
Watch
• No minimum floor area ratio.
to Com. on APPR.
Projects: Adaptive
. No additional parking requirements.
(Ayes 5. Noes 2.)
Reuse.
• Local affordable housing funds shall include adaptive reuse as an
(July 5).
eligible project.
Status: 7/3/2023-Read
AB 480 (Ting)
AB 480 makes various changes to the Surplus Land Act regarding the disposal
second time and
amended. Re -referred
Oppose Unless
Surplus Land
process, HCD's authority, and penalties for violations.
Amended
to Com. on
HOUSING.
SB 747 (Caballero)
Land Use:
This bill makes changes to the Surplus Land Act (SLA) by addressing substantive
Status: 6/30/2023-
Economic
issues with the SLA as it exists today, and reaffirms the role of the Economic
Read second time and
Support
Development,
Opportunity Law when local agencies dispose of property.
amended. referred
H.
to Com. on H. & C.D.
surplus land
Status: 7/3/2023-From
AB 519 (Schiavo)
Would require the Department of Housing and Community
committee chair, with
Affordable
Development, by July 1, 2024, to establish a workgroup to develop a
author's amendments:
Housing:
consolidated application for the purposes of obtaining grants, loans,
A mend, and re -refer
A
Consolidated
tax credits, credit enhancement, and other types of financing for
committee. Read
Watch
Funding
building affordable housing, and developing a coordinated review
second time,
Application
process for the application.
amended, and re -
Process.
referred to Com. on
HOUSING.
Page 11 of 20
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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: 6/21/2023-
From committee: Do
pass and re -refer to
Com. on GOV. & F.
(Ayes 9. Noes 2.)
(June 20). Re -referred
to Com. on GOV. & F.
Watch
SB 834
(Portantino)
Housing:
Would enact the California Family Home Construction and
California Family
Homeownership Bond Act of 2023, which, if adopted, would authorize
Status: 6/8/2023-
the issuance of bonds in the amount of $25 billion pursuant to the State
Referred to Com. on
Watch
Home
General Obligation Bond Law to finance the California Family Home
H. & C.D.
Construction and
Construction and Homeownership Program.
Homeownership
Bond Act of 2023.
ACA 1 (Aguiar-
Curry) Local
Government
Would authorize a local government to impose, extend, or increase a
Financing:
sales and use tax or transactions and use tax for the purposes of
Status: 5/31/2023-Re-
Affordable
funding the construction, rehabilitation, or replacement of public
referred to Com. on L.
Watch
Housing
infrastructure, affordable housing, or permanent supportive housing if
GOV..
the proposition proposing that tax is approved by 55% of its voters
and Public
voting on the proposition.
Infrastructure:
Voter Approval.
Page 12 of 20
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Status: 6/7/2023-
Coauthors revised.
ACA 10 (Haney)
Would declare that the state recognizes the fundamental human right
From committee: Be
adopted, and re -refer
Fundamental
to adequate housing for everyone in California. Would make it the
to Com. on APPR. Re-
Watchreferred.
Human Right to
shared obligation of state and local jurisdictions to respect, protect,
(Ayes 6.
Housing.
and fulfill this right by all appropriate means.
Noes 2.) (June 7). Re -
referred to Com. on
APPR.
Transportation
AB 6 (Friedman)
Would prioritize transportation funding that significantly contribute
Status: 6/14/2023-
Transportation
towards the goals outlined in a region's sustainable communities'
Referred to Corns. on
Watch
Planning.
strategy.
TRANS. and E.Q.
Status: 6/21 /2023-
From committee chair,
with author's
AB 744 (Carrillo)
Would authorize the California Transportation Commission to
amendments: Amend,
Transportation
establish best practices for use of data in transportation planning
and re -refer to
Watch
and to identify data elements that should be made available to
committee. Read
Planning.
state and local agencies for transportation planning.
second time,
amended, and re -
referred to Com. on
TRANS.
Page 13 of 20
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AB 316 (Aguiar-
Would prohibit the operation of an autonomous vehicle with a
Curry)
gross vehicle weight of 10,000 pounds or more on public roads for
Status: 6/14/2023-
Transportation:
testing purposes, transporting goods, or transporting passengers
Referred to Com. on
Watch
Autonomous
without a human safety operator physically present in the
TRANS.
Vehicles.
autonomous vehicle at the time of operation.
Status: 6/27/2023-
From committee: Do
SB 30 (Umberg)
Would develop and design light -duty zero -emission vehicle
pass and re -refer to
Transportation:
charging and fueling station signage to be placed along state
Com. on APPR. with
recommendation: To
Watch
Zero -Emission
highways based on charger or fueling type and vehicle
consent calendar.
Vehicle Signage.
compatibility.
(Ayes 15. Noes 0.)
(June 26). Re -referred
to Com. on APPR.
Status: 6/29/2023-
AB 1637 (Irwin)
Would state the intent to require a local jurisdiction to adopt a
Read second time and
Website Domains.
".gov" domain by 2025.
amended. Re -referred
Watch
to Com. on APPR.
(Amended 6/29/2023)
AB 400 (Rubio)
Would remove the January 1, 2025 sunset for local agencies to
Status: 7/5/2023-Read
Public Contracts:
use design build on specified projects thereby making the
second time. Ordered
Watch
Design Build.
authority permanent.
to Consent Calendar.
SB 706 (Caballero)
Would authorize all cities, counties, city and counties, or special
Status: 6/28/2023-
Public Contracts:
districts to use the progressive design -build process for other
Read second time and
Watch
Progressive
projects in addition to water -related projects, and would remove
amended. Re -referred
Design Build.
the project cap.
to Com. on APPR.
Page 14 of 20
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Status: 7/6/2023-From
committee: Do pass
AB 334 (Rubio)
Would establish that an independent contractor, who meets
and re -refer to Com.
Public Contracts:
specified requirements, is not an officer for purposes of being
on APPR with
Conflict of
subject to the prohibition on being financially interested in a
recommendation: To
Watch
Interests.
contract.
Consent Calendar.
(Ayes 11. Noes 0.)
(July 6). Re -referred to
Com. on APPR.
Taxes
AB 52 (Grayson)
Sales and Use Tax
Law:
This measure states the intent of the Legislature to expand the sales
Status: 6/26/2023-In
Manufacturing
and use tax exemption for manufacturing and research and
committee: Referred
Watch
Equipment:
development equipment.
to APPR. suspense
Research and
file.
Development
Equipment.
AB 1203 (Bains)
Sales and Use
Would exempt from the California sales and use tax the gross
Status: 7/3/2023-In
Taxes:
receipts for the sale of breast pumps, breast pump collection and
committee: Referred
Watch
Exemptions:
storage supplies, breast pump kits, and breast pads. This exemption
to APPR suspense
Breast Pumps and
would apply on or after January 1, 2024, and ends January 1, 2029.
file.
Related Supplies.
AB 1249 (Ta) Sales
Would exempt from sales and use taxes the gross receipts from the
Status: 5/1/2023-In
and Use Taxes:
sale of qualified school supplies for the two-day period beginning
committee: Set, final
Exemption: Tax
at 12:01 a.m. on the third Saturday of July annually and ending at
hearing. Held under
Watch
Holiday: School
11:59 p.m. on the following day. This exemption would apply on or
submission.
Supplies.
after January 1, 2024, and ends January 1, 2029
Page 15 of 20
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Status: 7/5/2023-From
AB 84 (Ward)
committee chair, with
Property Tax:
Would expand eligibility for exemptions from property taxes for
author's amendments:
Welfare
affordable rental housing (e.g., "welfare exemptions"). Specifically,
Amend, and re -refer
Exemption:
would expand this partial exemption to property acquired,
to committee. Read
Watch
Affordable
rehabilitated, developed, or operated, or any combination of
second time,
these factors, with financing from qualified 501(c)(3) bonds
amended, and re -
Housing.
referred to Com. on
GOV. & F.
Would change the requirements for statements included on local
Status: 7/6/2023-From
SB 532 (Wiener)
ballots regarding the purpose of the measures that are being
committee: Do pass
and re -refer to Com.
Ballot Measures:
voted on. For measures that increase a tax with more than one
on APPR. (Ayes 10.
Watch
Local Taxes.
rate or authorizes bonds, this measure would require that local
"see
Re -
Noes 4.) (July 5). Re -
ballots include the statement voter guide for measure
referred to Com. on
information statement."
APPR.
SB 721 (Becker)
Would amend the California Government Code to specify that
Status: 6/1/2023-
Special Taxes:
taxes levied on vacant sites by a city, county, or special district are
Referred to Com. on
Watch
Vacant Land.
a special tax, for parcels identified in a city's housing element
P. & C.P.
inventory
AB 972
(Maienschein)
Uniform
Would coordinate, align, and streamline local government
Status: 23-
Procedures for
assistance resources by convening a statewide, cross -agency
Read seccondond time
ime and
Local Assistance
Local Assistance and Grant Program Streamlining Workgroup no
amended. Re -referred
Watch
and
later than April 2024.
to Com. on APPR.
(Amended 6/29/2023)
Climate Resiliency
Grant Programs.
Governance and Labor
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SB 252 (Gonzalez)
Public Retirement
Status: 6/8/2023-
Systems: Fossil
Would require CalPERS to divest from fossil fuels by 2030.
Referred to Com. on
Watch
Fuels:
P.E. & R.
Divestment.
AB 1484 (Zbur)
Would require temporary employees to be automatically
Status: 6/14/2023-
Temporary Public
included in the same bargaining unit as the permanent
Referred to Com. on
Watch
Employees.
employees upon the request of the recognized employee
L., P.E. & R.
organization.
Status: 6/29/2023-
SB 399 (Wahab)
Would prohibit an employer from requiring its employees to
From committee: Do
Employer
attend an employer -sponsored meeting or participate in any
pass and re -refer to
Communications:
communications with the employer, the purpose of which is to
Com. on JUD. (Ayes
Watch
communicate the employer's opinion about religious matters,
5. Noes 1.) (June 28).
Intimidation.
political matters.
Re -referred to Com.
on JUD.
SB 751 (Padilla)
Would prohibit a city, county, or city and county from entering an
Franchise
exclusive franchise agreement for services on or after
Status: 6/15/2023-
Agreements:
January 1, 2024, or an agreement amended on or after that
Referred to Com. on
Watch
date, that contains a force majeure provision that can be
NAT. RES.
Labor Impasse.
triggered by a labor impasse.
AB 504 (Reyes)
Status: 6/28/2023-
State And Local
Would allow local public employees to refuse to enter property
From committee: Do
Public Employees:
that is the site of a primary labor dispute, perform work for an
pass and re -refer to
Labor
employer involved in a primary labor dispute, or go through or
Com. on JUD. (Ayes
Watch
work behind a primary picket line. Would prohibit an employer
4. Noes 1.) (June 28).
Relations:
from directing an employee to take those actions.
Re -referred to Com.
Disputes.
on JUD.
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AB 453
Would require a public hearing concerning district -based
Status: 5/10/2023-
(Cervantes)
elections that is consolidated with a meeting of the governing
Referred to Coms. on
Watch
District -based
body include other substantive agenda items, to begin at a fixed
E. & C.A. and GOV. &
Elections.
time.
F.
Status: 7/6/2023-From
AB 764 (Bryan)
committee: Do pass
Elections: City
This measures states the intent of the Legislature to add new to
and re -refer to Com.
on GOV. & F. (Ayes 6.
Watch
And County
add new requirements to the Fair Maps Acts.
Noes 1.) (July 5). Re -
Redistricting.
referred to Com. on
GOV. & F.
AB 1248 (Bryan)
Status: 7/6/2023-From
Local
committee: Do pass
Redistricting:
Would require independent redistricting commissions for cities
and re -refer to Com.
Independent
over 300,000 in population.
on GOV. & F. (Ayes 6.
Watch
Noes 1.) (July 5). Re -
Redistricting
referred to Com. on
Commissions.
GOV. & F.
AB 557 (Hart)
Would allow cities to meet remotely during proclaimed states of
Status: 6/29/2023-
Open Meetings:
emergency under modified Brown Act requirements. Would also
Read second time.
Watch
Local Agencies:
provide greater flexibility for agencies that meet on a fixed date
Ordered to third
Teleconferences.
every month by extending the AB 361 renewal period to 45 days.
reading.
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SIB 730
(Lowenthal)
California Public
Would require a city to promptly provide an employee with
Records Act:
written notice of a request to disclose a record related to
Public Agency
personnel, medical, or similar information of that employee.
Status: 3/13/2023-Set
Watch
Employees: Notice
Would also require the agency, before disclosing, to provide not
for hearing April 17.
Requirements:
less than 21 days' written notice to the employee of its intent to
Personnel And
disclose.
Medical
Information.
SIB 251 (Newman)
Status: 4/19/2023-
Political Reform
Would prohibit an elected officer from employment by any other
April 18 set for first
Act of 1974:
elected officer with the same constituency, except if the elected
hearing. Failed
Elected Officers:
officer first began their employment by the other officer with the
passage in committee.
Watch
Conflicts of
same constituency on or before December 31, 2023.
(Ayes 2. Noes 0.)
Reconsideration
Interest.
granted.
AB 37 (Bonta)
Status: 7/6/2023-From
Political Reform
committee: Amend,
Act of 1974:
Would expand the ability for officials to expend campaign funds
and do pass as
Campaign Funds:
for security expenses.
amended and re -refer
Watch
to Com. on APPR.
Security
(Ayes 7. Noes 0.)
Expenses.
(July 5).
SIB 769 (Gonzalez)
Local
Status: 6/22/2023-
Government:
Would require local officials to have two hours of fiscal training
Read second time and
Watch
Fiscal and
every two years
amended. Re -referred
Financial
to Com. on APPR.
Training.
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Status: 6/29/2023-
SB 329 (Dodd)
Approved by the
Cities: City
Would allow general law cities to increase the council member
Governor. Chaptered
Watch
Council Members:
salaries to reflect inflation
by Secretary of State.
Compensation.
Chapter 27, Statutes
of 2023.
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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
PRESERVE LOCAL CONTROL
Preserve and protect the City's powers, duties and prerogatives to enact local legislation
and policy direction concerning local affairs and oppose legislation that preempts local
authority. Local agencies should preserve authority and accountability for land use
planning, revenues raised and services provided.
PROMOTE FISCAL STABILITY
Support measures that promote fiscal stability, predictability, financial independence, and
preserve the City's revenue base and maximum local control over local government
budgeting. Oppose measures that shift local funds to the County, State or Federal
Governments and/or make cities more dependent on the County, State or Federal
Governments for financial stability, such as unfunded mandates or mandated costs with
no guarantee of local reimbursement or offsetting benefits.
III. SUPPORT FUNDING OPPORTUNITIES
Support opportunities that allow the City to compete for its fair share of regional, state and
federal funding. Support funding for programs including, but not limited to economic
development such as infrastructure investment and housing, transportation projects
including road resurfacing, bicycle and pedestrian safety, multi -modal transportation
systems and transit -oriented development, air quality, water quality and local water
reliability, parks and recreation, historic preservation, natural resources, hazard mitigation,
public safety, public health and COVID-19 business and government recovery.
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POLICY STATEMENTS
Local Governance
1. Oppose state or federal efforts to "borrow" local revenues and encourage the state to find
other methods of balancing its budget.
2. Support local government action, rather than the imposition of state, federal or regional
mandates upon local governments, as well as federal mandates placed on the state.
3. Support maximum flexibility for local government in contracting and contract negotiations.
4. Support open government initiatives as well as the principles of the open meetings
provisions of the Ralph M. Brown Act at all levels of government.
5. Support legislation that facilitates the flexibility of local governments to share resources to
increase efficiencies and decrease costs.
6. Support legislation that preserves the ability of local governments to determine the
appropriate type of election and representation for their jurisdiction.
7. Oppose and monitor efforts to increase City contribution cost to CalPERS.
8. Support the reimbursement of local governments for COVID-19 related expenses,
including the need for essential public safety service overtime, personal protective
equipment, and small business relief.
9. Support and monitor efforts to increase the City's ability to recover payment related fees
from customers
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.
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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.
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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.
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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.
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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.
R