City of Belmont: Legislative Update
Study Session
Renne Public Policy Group │ www.publicpolicygroup.com
Alyssa Silhi, Director of Government Affairs, RPPG
January 23, 2024
RPPG Legislative Team
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Alyssa Silhi
Director of Government Affairs
Dane Hutchings
Managing Director
A team of municipal policy experts, with decades of experience in advancing the policy and funding needs for local government agencies.
Sharon Gonsalves
Director of Government Affairs
RPPG City Advisory/ Support Team
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Bruce Rudd
Technical Advisor
Amy Boggs
Administration +
Operations
Ethan Nagler
Associate Lobbyist +
Legislative Analyst
Dan Carrigg
Senior Policy
Advisor
Quick Snapshot: RPPG Year in Review
In 2023, on behalf of the City, RPPG activities included:
1400+ pieces of legislation tracked and assessed for impacts on City operational, legal, and/or loss of local decision making 73 priority measures identified, and deeper analysis provided to City staff 14 legislative and/or fiscal measures selected for City engagement wherein RPPG made the City’s voice heard in the halls of Sacramento 10 measures resulted in a successful outcome
$500+ M revenue protected for VLF backfill and $100K secured in State budget earmarks: Public Safety Communications Infrastructure upgrade 332+ combined deliverables provided to the City and touchpoints with staff Renne Public Policy Group │ www.publicpolicygroup.com
Quick Snapshot: State Legislature
As of January 23, there have been a total of 233 new pieces of legislation introduced – a majority are “spot” bills which are bills not yet including substantive language 72 “two-year” bills are on the Floor of their respective houses Expecting another approximately 1,200 measures to be introduced by February 16 Currently “triaging” legislation (e.g., track, divide by subject matter, assess for impacts) Second year with 37 new law makers (35 elected in 2022 and two special elections) Renne Public Policy Group │ www.publicpolicygroup.com
Quick Snapshot: State Budget
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$291.5 billion Budget.
1.9% decrease from 2023-24 (which was $297 billion).
Governor’s projected deficit comes in at $37.9 billion, Legislative Analyst’s Office projected $68 billion. “May Revise” will be “Prime Time” and when real numbers and cuts are put forward.
Areas RPPG identified of most significance to the City are 1) decreased housing and climate investments, and 2) the failure to include San Mateo County’s VLF short fall claim.
Note: While Department of Finance declined to include the shortfall claim in the budget, the Legislature has the authority to place it back in. However, last year it was made clear by leadership there is not an appetite to continue to fight every year and a long-term solution will need to be found. RPPG is actively working with City staff, County stakeholders, and your legislative delegation to develop a plan moving forward to protect this critical funding.
Quick Snapshot: State Budget
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Total Budget: $291.5 billion • $208.7 billion general fund o Decrease of about $22 billion from FY 23-24
• $18.4 billion in reserves
• $900 million in safety net reserve withdrawal
• $11.1 billion in rainy day fund
Total Deficit: $37.9 billion • Increase of $6.4 billion in deficit from FY 23-24 Measures Taken to Address Shortfall: • Reserves withdrawn: $13.1 billion • Reductions: $8.5 billion
• Borrowing: $5.7 billion
• Delays: $5.1 billion
• Shifts: $3.4 billion
• Deferrals: $2.1 billion
(LAO Total Deficit Projection: $68 billon) • $68 billion: Revenue outlook below budget act assumptions across 2022-23 through 2024-25
• $30 billion: Identified as an annual state operating deficit per year FY 2024-25 SNAPSHOT: BY THE NUMBERS
Quick Snapshot: Key Dates
January 10: Governor must present his budget proposal to the Legislature January 31: All bills still in their first house must pass off the Floor to the next house February 16: Last day for bills to be introduced
Mid-May: “May Revise” with updated revenue projections and funding priorities May 24: Last day for each house to pass bills introduced in that house (House of origin deadline)
June 15: FY 24-25 Budget must be passed by the Legislature June 27: Last day for a legislative measure to qualify for the November 5, 2024 ballot June 30: Governor must sign FY 23-24 budget
July 3-August 4: Legislative Summer Recess
August 5- August 31: Final month of the Legislative session September 30: Governor must take action on all measures passed by the Legislature Renne Public Policy Group │ www.publicpolicygroup.com
State Tightened Many Housing Laws Over Last
Five Years; 50+ New Housing Laws Signed in 2023
RHNA and Housing Elements: Increasing Allocations to Local Agencies, Adding New Factors, and Increasing State Oversight with Penalties for Non-Compliance. Density Bonus Law: Authorizing Increased Densities and Expanding Incentives for Developers Affirmatively Furthering Fair Housing: Promoting Development/Retention of Affordable Housing in Higher Resourced Areas. Housing Accountability: Expanding authority of Attorney General to enforce various housing laws. By Right Development: Authorizing approval of multifamily projects which meet specified criteria “by right.” Accessory Dwelling Units: Removing local obstacles to the construction of up to two ADUs on a single-family parcel. Duplex and Four-Plex Housing: Authorizing development of up to four units on a single family lot. Housing in Commercial Zones: Authorizing ministerial approval of multifamily housing development on sites meeting various criteria in commercial zones.
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SB 423 (Wiener)
Land use: streamlined housing approvals: multifamily housing developments Relates to Streamlined Housing Approvals for Multifamily Housing Developments Provided by SB
35. Extends the Sunset Provisions of SB 35 to January 1, 2036.
Authorizes the Department of General Services to act in the place of a locality or local government, at the discretion of that department, for purposes of the ministerial, streamlined review for development in compliance with the specified-described requirements on property owned by or leased to the state.
Subjects local governments to the streamlined, ministerial approval process if they fail to adopt a compliant housing element as determined by the Department of Housing & Community Development, as specified.
Limits review conducted by a local elected body. Requires approval if a local government’s planning director or equivalent position determines the development is consistent with the objective planning standards.
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AB 1332 (J. Carrillo)
Accessory Dwelling Units: preapproved plans
AB 1332 requires local agencies to establish a preapproval program for ADU plans by January 1, 2025. It also imposes the following requirements:
• Local agencies must post information regarding pre-approved ADUs on their websites
• The local agency must approve or deny the ADU application within 30 days if:
• If the local agency preapproved the ADU plans; or
• The ADU plans are identical to plans previously approved by the agency within the then-current three-year California Building Standards Code rule-making cycle.
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AB 1033 (Ting)
Accessory Dwelling Units: local ordinances: separate sale or conveyance Current state law requires local ordinances to ban conveyance of an ADU separately from the primary residence except as provided.
AB 1033 expands the potential for ADUs to be conveyed separately. Local ordinances may allow separate conveyances if the proposal complies with specified requirements. Among other things, the local ordinance must require compliance with applicable sections of the Davis-Stirling Common Interest Development Act and the Subdivision Map Act.
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SB 4 (Wiener)
Planning and zoning: housing development: higher education institutions and religious institutions
"Yes in God's Backyard" statute that streamlines development on property owned by religious institutions and nonprofit colleges. Estimates that approximately 170,000 acres in California could be available for development.
This bill would apply to projects:
• on land owned on or before January 1, 2024, by a religious institution or a nonprofit college
• located in urbanized areas
• that provide 100% affordable housing
• subject to prevailing wage and labor requirements
SB 4 would sunset on January 1, 2036.
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AB 529 (Gabriel)
Adaptive Reuse Projects
Existing law, awards a city, county, or city and county that has adopted a housing element determined by the Department of Housing & Community Development to be in substantial compliance with specific provisions of the Planning and Zoning Law and that has been designated by HCD as prohousing based upon their adoption of pro-housing local policies, as specified, additional points in the scoring of program applications for housing and infrastructure programs pursuant to regulations adopted by HCD.
Adds the facilitation of the conversion or redevelopment of commercial properties into housing, including the adoption of adaptive reuse, as defined, ordinances or other mechanisms that reduce barriers for these conversions, to the list of specified pro-housing local policies.
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AB 1490 (Lee)
Affordable Housing Development Projects: adaptive reuse "Adaptive reuse" - conversion of non-residential building to housing.
This bill makes adaptive reuse of existing building to affordable housing an allowable use, even if there is a conflict with any local plans or zoning if the proposed project:
• is a multifamily housing project
• would redevelop a residential building or a commercial building that provides temporary occupancy (e.g., hotel or motel)
• the development would be entirely within the envelope of the existing building
• is a 100% affordable housing project (at least 50% for very low-income) Narrow exclusion if project is on a site or near a site with industrial uses, and the project would have an adverse effect on public health and safety.
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AB 1485 (Haney)
Housing element: enforcement: Attorney General
This bill allows both the Department of Housing and Community Development and the office of the Attorney General to intervene as a matter of right in any legal action addressing a violation of the specified housing laws, including, among others, the Housing Accountability Act, the Density Bonus Law, and the Housing Crisis Act of 2019.
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AB 480 (Ting) & SB 747 (Caballero)
Surplus land
Current law prescribes requirements for the disposal of surplus land by a local agency and requires, except as provided, a local agency disposing of surplus land to comply with certain notice requirements before disposing of the land or participating in negotiations to dispose of the land with a prospective transferee.
This bill defines the term “dispose” to mean the sale of the surplus property or a lease of any surplus property entered into on or after January 1, 2024, for a term longer than 15 years, including renewal options, as specified.
The bill provides that “dispose” does not include entering a lease for surplus land on which no development or demolition will occur, regardless of the term of the lease.
Revises and recasts certain provisions related to exempt surplus land, including exempting surplus land that is less than one-half acre and not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate- income housing purposes, and provisions related to mixed-use developments, among others.
Adds various new categories of exempt surplus land, including (1) specified land that is owned by a California public-use airport on which residential uses are prohibited, (2) surplus land owned by a local agency whose primary mission or purpose is to supply the public with a transportation system that is developed for commercial, or industrial uses or activities, for the sole purpose of investment if certain conditions are met, and (3) land transferred to a community land trust, as specified.
Specifies that certain legal restrictions are valid legal restrictions and would require that for surplus land that is subject to valid legal restrictions to be considered exempt surplus land, a declaration of exemption must be supported by documentary evidence, as provided.
Recast the definition of “exempt surplus land” with respect to surplus land for specified housing purposes, to remove the requirement that it be put out to open, competitive bid.
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Review of Belmont State Legislative Platform
RPPG conducted a review of the 2023 Belmont Legislative Platform informed by Deep Dive discussions with City staff.
RPPG has minor suggested amendments in the area of Governmental Transparency and Public Access. These suggested changes serve as a starting point for Council to discuss and provide direction for city staff and RPPG. The legislative platform is designed to be an evolving document. This document should be updated at least once at the start of every two-year session and reviewed annually in advance of each new legislative session to ensure RPPG is continuing to engage with City Staff and Council on those policies that matter most to the City of Belmont.
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Review of Belmont State Legislative Platform
Minor suggested edits include:
Governmental Transparency and Public Access
• Support legislation that would increase civic participation and engagement, including the continued allowance of legislative subcommittees, advisory committees, and commissions to participate virtually (post-COVID-19 state of emergency) without physical location posting requirements under the Ralph M.
Brown Act.
• Monitor and Evaluate proposed policies related to the use of technology in government operations including the use of artificial intelligence pertaining to ethical considerations, privacy, and emerging technologies, and cybersecurity measures and funding opportunities for local governments to bolster capabilities to protect our communications infrastructure and capabilities.
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Review of Belmont State Legislative
Platform
Next Steps:
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Feedback and direction
from Council
Work with City Staff to
incorporate Council
feedback and direction
Council adoption
Thank You!
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