City Council
Legislative Subcommittee Agenda
70 N. First Street, Campbell CA
Wednesday, May 25, 2022, 10:00 am
NOTE: To protect our constituents, City officials, and City staff, the City requests all members of the public follow the guidance of the California Department of Health Services', and the County of Santa Clara Health Officer Order, to help control the spread of COVID-19. Additional information regarding COVID-19 is available on the City's website at www.campbellca.gov.
This Special Meeting of the Legislative Subcommittee will be conducted in person as well as telecommunication and is compliant with provisions of the Brown Act.
Those members of the public wishing to participate virtually can access the meeting at:
https://campbellca-gov.zoom.us/j/88196894338?pwd=NnY2Z0JHWXEycWtaNEdNZGhDa2xKdz09
Meeting ID: 881 9689 4338 Dial by your location: 669 900 6833 Passcode: 560654
Members of the public may attend this meeting in person at Campbell City Hall.
Public comment will a lso be accepted via email at [email protected] prior to the meeting. Please indicate in t he subject line “FOR PUBLIC COMM ENT.” Written comments received by 12:00 p.m . on the day of the meeting will be posted on the website and distributed to the Legislative Subcommittee before the meeting.
A video reco rding will be available on the C ity YouTube Channel at:
https://www.youtube.com/user/CityofCampbell following the meeting.
SPECIAL MEETING OF THE LEGISLATIVE SUBCOMMITTEE
Wednesday, May 25, 2022, 10:00 a.m.
Ralph Doetsch Conference Room – 70 N. First Street
CALL TO ORDER
PUBLIC COMMENT
NEW BUSINESS
• 2022 Legislative- Bills to Watch - Updated
ADJOURN
ATTACHMENTS
2022 Legislative- Bills to Watch – Updated
Fact Sheets: Committee Analysis:
AB 682 SB 891 SB 1385 Senate Committee: Energy, Utilities and Communications AB 2234 SB 1297
SB 1385
Pursuant to the Executive Order, and i n complianc e with the A mericans with Disabilities A ct ( ADA), if yo u need ass istance to part icipate in the Legislative Subcommittee meeting, please contact Diana Johnson in the City Manager’s Office at 408-866-2125 or by e-mail [email protected] 2022 Legislation - Bills to Watch
1 5/20/22
Bill Sponsor(s) Summary League Position City Position
CITY LEGISLATIVE SUB-COMMITTEE PRIORITIES
AB 1740
Catalytic
Converters
(Referred to
Com. on B., P. &
E.D. – 5/18/22)
Muratsuchi Existing law requires a core recycler who accepts a catalytic converter for recycling to maintain a written record of specified information regarding the transaction, including the item type and quantity, amount paid for the catalytic converter, and identi fication number, and the vehicle identification number, for not less than 2 years.
Existing law makes it a crime to violate these requirements.
This bill would require a written record of the year, make, and model of the vehicle from which the catalytic c onverter was removed and prohibit a core recycler from entering into a transaction to purchase or receive a catalytic converter from any person that is not a commercial enterprise or owner of the vehicle from which the catalytic converter was removed.
Support – Letter
Sent
AB 1934
Office of
Emergency
Services:
Broadband
Communication
s Grant
Program:
Fairgrounds
(Com. on APPR –
Held Under
Submission –
5/19/22)
Rodriguez This bill would, upon an appropriation by the Legislature for this purpose, require the Office of Emergency Services to establish a grant program on or before January 1, 2024, to provide fairs with grant funding for purposes of building and upgrading broadband communication infrastructure on fairgrounds. The bill would re quire the office to establish standards to determine how fairs receive grant funding based on the fairgrounds’ need for broadband capabilities to service an emergency response operation.
Support – Letter
Sent
2022 Legislation - Bills to Watch
2 5/20/22
Bill Sponsor(s) Summary
League Position City Position
CITY LEGISLATIVE SUB-COMMITTEE PRIORITIES
AB 1944
Local
Government:
Open and Public
Meetings
(Com. on L.
GOV. - Ordered
to Third Reading
– 5/5/22)
Lee; Garcia The Ralph M. Brown Act requires meetings of a legislative body of a local agency to be open to the public and allow all members of the public to attend and participate.
This bill would require the agenda to identify any member of the legislative body that will participate in the meeting remotely. This bill would also authorize, upon a determination by a majority vote of the legislative body, a member to be exempt from identifying the address of the member’s teleconference location in the notice and agenda or having the location be accessible to the public, if the member elects to teleconference from a location that is not a public place. These provisions would be repealed on January 1, 2030.
Support – Letter
Sent
Support In
Concept
2022 Legislation - Bills to Watch
3 5/20/22
Bill Sponsor(s) Summary
League Position City Position
CITY LEGISLATIVE SUB-COMMITTEE PRIORITIES
AB 2011
Affordable
Housing & High
Road Jobs Act of
2022
(Com. on APPR–
Ordered to Third
Reading -
5/19/22)
Wicks;
Bloom;
Grayson;
Quirk-Silva;
Villapudua
Planning and zoning laws authorize a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process and not subject to a conditional use permit if the development satisfies specified objective planning standards.
This bill would make certain housing developments that meet specified affordability and site criteria and objective development standards a use by right within a zone where office, retail, or parking are a principally permitted use and subject these development projects to one of 2 streamlined, ministerial review processes.
The bill would also require, in contracts with construction contractors, certain wage and labor standards be met and that all construction workers be paid at least the general prevailing rate of wages. The bill would also require a development proponent for a development of 50 or more housing units to require construction contractors to participate in an apprenticeship program or request dispatch of apprentices from a state-approved apprenticeship program, and to make specified health care expenditures for construction craft employees.
Oppose – Letter
Sent
Oppose
AB 2063
Density
bonuses:
affordable
housing impact
fees
(Per Berman’s
Office – Bill Not
Moving
Forward)
Berman This bill would prohibit affordable housing impact fees, including inclusionary zoning fees and in -lieu fees, from being imposed on a housing development’s density bonus units, unless the city has adopted a local density bonus ordinance or established a local housing program, on or before January 1, 2022, that allows for a density bonus of at least 50% for any for -sale or rental housing development containing restricted affordable units that dedicates a specified percentage of units for extremely low, very low, low -, or moderate - income households.
Watch
Watch
2022 Legislation - Bills to Watch
4 5/20/22
Bill Sponsor(s) Summary
League Position City Position
CITY LEGISLATIVE SUB-COMMITTEE PRIORITIES
AB 2181
Santa Clara
Valley
Transportation
Authority:
Board of
Directors
(Com. on APPR –
Ordered to
Consent
Calendar –
5/19/22)
Berman Existing law vests the govern ance of VTA in a 12 -member Board of Directors (VTA BOD), with 2 elected reps from the County of Santa Clara Board of Supervisors (County BOS); 5 elected reps from the San Jose City Council; and 5 elected reps from the other cities in the county; each serving 2-year terms.
Effective 7/1/23, t his bill would revise the VTA BOD to include 2 community members from the county, appointed by County BOS president; 5 reps from the City of San Jose, including 2 council members and 2 community members; and 5 reps from the other cities in the county, including 2 community members and 2 council members from those cities, elected through ranked choice voting by the councils of those cities. The bill would also impose city/county residency requirements on community members , authorize the VTA BOD to include ex officio nonvoting members from regional transportation or governmental bodies; and increase member terms to 4 years. (As amended on 5/2/22)
Watch
Support with
Concerns –
Letter Sent to
Chair of Com.
on L. GOV.
with Copy to:
Berman,
Cortese, Low &
the League –
4/12/22
2022 Legislation - Bills to Watch
5 5/20/22
Bill Sponsor(s) Summary
League Position City Position
CITY LEGISLATIVE SUB-COMMITTEE PRIORITIES
AB 2234
Planning.
Housing. Post -
entitlement
Phase Permit
(Com. on APPR –
Ordered to 3rd
Reading -
5/19/22)
R. Rivas The Permit Streamlining Act requires each public agency to provide a development project applicant with a list that specifies the information that will be required from any applicant for a development project. The act requires public agencies to approve or disapprove of a development project within certain specified timeframes and requires an agency to provide specified information, including a current schedule of fees, exactions, and affordability requirements applicable to a proposed housing development project, and an archive of impact fee nexus studies, cost of service studies, or equivalent studies, conducted by the agency, on its internet website.
This bill would require a public agency to compile a list of information needed to approve or deny a post-entitlement phase permit, to post an example of an ideal application and an example of an ideal complete set of post-entitlement phase permits for the most common housing development projects in the jurisdiction, and to make those items available to all applicants for these permits no later than January 1, 2024. The bill would also require a public agency to require permits to be applied for, completed, and stored through a process on its internet website, and to accept applications and related documentation by electronic mail until that internet website is established. The bill would also require the internet website or electronic mail to list the current processing status of the applicant’s permit and would require that status to note whether it is being reviewed by the agency or action is required from the applicant.
This bill would create an unfunded state mandated program.
Oppose – Letter
sent from the
California State
Association of
Counties
(CSAC), the
League of
California Cities
(Cal Cities), the
Urban Counties
of California
(UCC), the Rural
County
Representatives
of California
(RCRC), and the
California
Building
Officials
(CALBO)
Concerns
2022 Legislation - Bills to Watch
6 5/20/22
Bill Sponsor(s) Summary
League Position City Position
CITY LEGISLATIVE SUB-COMMITTEE PRIORITIES
AB 2449
Open Meetings:
Local Agencies.
Teleconference
(Com. on L. GOV
- Ordered to
Third Reading –
5/5/22)
B. Rubio The Ralph M. Brown Act allows for meetings to occur via teleconferencing if the local agency notices each teleconference location of each legislative body member that will be participating in the public meeting, provides each teleconference location to be accessible to the public, allows members of the public to address the legislative body at each teleconference location, posts an agenda at each teleconference location, and requires at least a quorum of the legislative body to participate from locations within the boundaries of the local agency’s jurisdiction. The Act further provides that, until January 1, 2024, a local agency may use teleconferencing witho ut complying with these teleconferencing requirements during a declared state of emergency.
This bill would authorize a local agency to use teleconferencing without complying with these teleconferencing requirements if at least a quorum of the members of the legislative body participates in person from a singular location clearly identified on the agenda that is open to the public and situated within the local agency’s jurisdiction.
Support in
Concept –
Letter Sent
Support in
Concept
2022 Legislation - Bills to Watch
7 5/20/22
Bill Sponsor(s) Summary
League Position City Position
CITY LEGISLATIVE SUB-COMMITTEE PRIORITIES
AB 2649
Natural Carbon
Sequestration &
Resilience Act of
2022
(Com. On APPR.
– Ordered to 3rd
Reading -
5/19/22)
Garcia;
Stone;
Becker
This bill would declare the policy of the state to achieve a goal of removing at least 60,000,000 metric tons of carbon dioxide equivalent annually on or before December 31, 2030, and 75,000,000 metric tons of carbon dioxide equivalent annually on or before December 31, 2035, through the implementation of natural carbon sequestration actions and programs on natural, working, and urban lands. The bill would require, on or before July 1, 2023, the Natural Resources Agency, in coordination with its departments, the board, and the department, to refine existing, and establish new natural carbon sequestration pathways and strategies to guide specified agencies in developing and implementing programs to help the state achieve this goal. The bill would also require those agencies to expand existing and establish new natural carbon sequestration programs.
Watch
AB 2693
COVID-19:
Exposure
(Ordered to
Third Reading –
4/28/22)
Reyes This bill would extend to January 1, 2025, COVID -19 laws authorizing Cal/OSHA to prohibit the performance of an operation or process, or entry into that place of employment when that place of employment, operation or process exposes workers to the risk of infection with COVID-19; requiring a notice of prohibition to be posted in a conspicuous location at the place of employments ; requiring employers who receive notification of exposure to provide notice to employees and the local health agency; and requiring employers to provide a link to the local health agency tracking the number and frequency of COVID-19 outbreaks and cases by agency.
Oppose – Letter
Sent
2022 Legislation - Bills to Watch
8 5/20/22
Bill Sponsor(s) Summary
League Position City Position
CITY LEGISLATIVE SUB-COMMITTEE PRIORITIES
AB 2887
Public
Resources:
Sales & Use Tax
Law: Exclusions
(Com. on APPR –
Ordered to 3rd
Reading -
5/19/22)
Garcia,
Eduardo
The Sales and Use Tax Law imposes taxes on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. The California Alternative Energy and Advanced Transportation Financing Authority Act establishes the California Alternative Energy and Advanced Transportation Financing Authority. The act authorizes, until January 1, 2026, the authority to provide financial assistance to a participating party in the form of specified sales and use tax exclusions for projects, including those that promote California-based manufacturing, California-based jobs, advanced manufacturing, reduction of greenhouse gases, or reduction in air and water pollution or energy consumption. The act prohibits the sales and use tax exclusions from exceeding $100,000,000 for each calendar year.
This bill would increase the limit on sales and use tax exclusions to $150,000,000 for each calendar year.
Watch
SB 513
Homeless
Shelters Grants
(Referred to
Com. on H.&C.D.
– 5/5/22)
Hertzberg This bill would require the Department of Housing and Community Development, subject to an appropriation in the annual Budget Act, to develop and administer a program to award grants to qualified homeless shelters for the provision of shelter, food, and basic veterinary services for pets owned by people experiencing homelessness. This bill would also authorize the department to use up to 5% of the funds appropriated in the annual Budget Act for those purposes for its costs in administering the program.
Support – Letter
Sent
Support -
Watch for
Dates to
Return to
Committee
2022 Legislation - Bills to Watch
9 5/20/22
Bill Sponsor(s) Summary
League Position City Position
CITY LEGISLATIVE SUB-COMMITTEE PRIORITIES
SB 1094
Local Planning
(Com. on APPR -
Held Under
Submission –
5/19/22)
Becker This bill would provide that any city or county that has not met its share of regional housing needs for moderate-, low-, and very low- income households is not authorized to substitute up to 25% of its obligation to identify adequate sites through a committed assistance program.
Watch
SB 1100
Open Meetings:
Orderly Conduct
(Referred to
Coms. on L.
GOV. and JUD. –
5/5/22)
Cortese The Ralph M. Brown Act requires every agenda for regular meetings to provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body’s consideration of the item.
This bill would authorize the presiding member of the legislative body conducting a meeting to remove an individual for disrupting the meeting. The bill would also require removal to be preceded by a warning that the individual is disrupting the proc eedings, a request that the individual curtail their disruptive behavior or be subject to removal, and a reasonable opportunity for the individual to curtail their disruptive behavior.
Watch
Support in
Concept
2022 Legislation - Bills to Watch
10 5/20/22
Bill Sponsor(s) Summary
League Position City Position
CITY LEGISLATIVE SUB-COMMITTEE PRIORITIES
SB 1297
Low-Embodied
Carbon Building
Materials;
Carbon
Sequestration
(Com. on APPR -
Ordered to 3rd
Reading –
5/19/22)
Cortese This bill would require the Energy Commission to develop a plan to advance low -carbon materials and methods in building and construction projects that details a strategy and recommendations to minimize embodied carbon and maximize carbon sequestration in building materials. The bill would also require the board to develop an accounting protocol to quantify embodied carbon and carbon sequestration in buil ding materials. Following the adoption of that protocol, the bill would require the Natural Resources Agency to incorporate projects using low-embodied carbon building materials or carbon sequestration in building materials into the California Carbon Sequestration and Climate Resiliency Project Registry. The bill would require the Office of Planning and Research to evaluate the circumstances in which the use of low -embodied carbon building materials or carbon sequestration in building materials is an acceptable mitigation measure pursuant to the California Environmental Quality Act.
Watch
Watch
SB 1385
Electricity.
Multi-Family
Housing Local
Solar Program
(Com. on APPR –
Amended &
Ordered to 2nd
Reading –
5/19/22)
Cortese This bill would require the PUC, on or before January 1, 2024, to establish a new multifamily housing local solar program that would require each electrical corporation with more than 100,000 service connections in California to construct, or contract for the construction of, a solar and storage system on or near qualified multifamily housing.
The bill would also require the PUC, when the installed capacity of the program reaches 500 megawatts, to evalu ate the pro gram and determine whether nonpartici pating customers are impacted by increased costs attributed to the program, impacted with unreasonable costs and benefits, or adequately identified.
Watch
Watch
2022 Legislation - Bills to Watch
11 5/20/22
Bill Sponsor(s) Summary
League Position City Position
CITY LEGISLATIVE SUB-COMMITTEE PRIORITIES
SB 1393
Energy.
Appliances.
Local
Requirements
(Com. on APPR –
Amended &
Ordered to 2nd
Reading –
5/19/22)
Archuleta Existing law requires the State Energy Resources Conservation and Development Commission (Commission) to gather or develop, and publish on its internet website, guidance and best practices to help building owners, the construction industry, and l ocal governments overcome barriers to electrification of buildings and installation of electric vehicle charging equipment that include one or more specified topics.
This bill would require the Commission to gather or develop, and publish on its internet website, the guidance and best practices by July 1, 2023, and would require the guidance to include all of those specified topics. The bill would require the Commission to update annually the guidance and best practices and would require a city, including a charter city, or county, when adopting an ordinance requiring the replacement of a fossil fuel -fired appliance with an electric appliance upon the alteration or retrofit of a residential and nonresidential building, to consider the guidance published by t he Commission. The bill would require a local government, within 60 days of adopting that ordinance, to submit to the Commission a copy of the ordinance and require the Commission to determine whether the local government considered the Commission’s published guidance in the adoption of the ordinance. If the Commission determines that the local government had not considered the guidance, the bill would require the local government to consider the guidance, make any modification to the ordinance deemed necessary, and resubmit the ordinance to the Commission.
Oppose Unless
Amended
Oppose –
Letter Sent to
Chair of Com.
on GOV. &
FIN., with Copy
to: Archuleta,
Cortese, Low
and the League
– 4/12/22
2022 Legislation - Bills to Watch
12 5/20/22
Bill Sponsor(s) Summary
League Position City Position
ENERGY & ENVIRONMENTAL QUALITY
AB 2247
Perfluoroalkyl
&
Polyfluoroalkyl
Substances and
Products
(Com. on APPR
– Amended &
Ordered to 2nd
Reading -
5/19/22)
Bloom This bill would require the Department of Toxic Substances Control to work with the Interstate Chemicals Clearinghouse to establish, on or before January 1, 202 5, a publicly accessible reporting platform to collect information about perfluoroalkyl and polyfluoroalkyl substances (PFAS) and products or product components containing intentionally added PFAS being sold, offered for sale, distributed, or offered for promotional purposes in, or imported into, the state. The bill would require, on or before July 1 , 2025, and annually thereafter, a manufacturer of PFAS or a product containing intentionally added PFAS that is sold, offered for sale, distributed, or offe red for promotional purposes in, or imported into, the state to register the PFAS or the product on the publicly accessible reporting platform.
Support –
Letter Sent
SB 38
Beverage
Containers
(Re-referred to
Com. on NAT.
RES. – 2/14/22)
Wieckowski This bill w ould require California beverage manufacturers to form a beverage container stewardship organization. The organization would be required to develop and submit to the Department of Resources Recycling and Recovery a plan, annual report, and budget for the recovery and recycling of empty beverage contain ers. This bill w ould require the organization to establish a stewardship fee, to be paid by beverage manufacturer members of the organization, to assist in covering the costs of implementing the beverage container stewardship program. The bill would impos e administrative civil penalties for a violation of these provisions.
Oppose Unless
Amended –
Letter Sent
2022 Legislation - Bills to Watch
13 5/20/22
Bill Sponsor(s) Summary
League Position City Position
ENERGY & ENVIRONMENTAL QUALITY
SB 54
Plastic
Pollution
Producer
Responsibility
Act
(Referred to
Com. on NAT.
RES. – 5/5/22)
Allen; Stern;
Wiener
This bill would establish the Plastic Pollution Producer Responsibility Act to prohibit producers of single-use, disposable packaging or single- use, disposable food service ware products from offering for sale, selling, distributing, or importing such packaging or products that are manufactured on or after January 1, 2032, unless they are recyclable or compostable.
Support in
Concept –
Letter Sent
SB 379
Residential
Solar Energy
Systems:
Permitting
(Referred to
Coms. on L.
GOV. and
U.&E. – 5/5/22)
Wiener This bill w ould require every city to implement an online, automated permitting platform that verifies code compliance and issues permits in real time for a solar energy system that is no larger than 38.4 kilowatts alternating current nameplate rating and an energy storag e system paired with a solar energy system that is no larger than 38.4 kilowatts alternating current nameplate rating. The bill would require a city with a population of 50,000 or fewer to satisfy these requirements by September 30, 2024, while cities and counties with populations greater than 50,000 would be required to satisfy the requirements by September 30, 2023.
Watch
2022 Legislation - Bills to Watch
14 5/20/22
Bill Sponsor(s) Summary
League Position City Position
ENERGY & ENVIRONMENTAL QUALITY
SB 852
Climate
Resilience
Districts.
Formation.
Funding
Mechanisms
(Com. on APPR
- Ordered to 3rd
Reading –
5/19/22)
Dodd This bill would authorize a city, county, city and county, special district, or a combination of any of those entities to form a climate resilience district for the purposes of raising and allocating funding for eligible projects and the operating expenses of eligibl e projects. Eligible projects would include projects that address sea level rise, extreme heat, extreme cold, the risk of wildfire, drought, and the risk of flooding.
This bill would impose certain requirements on a project undertaken or financed by a district and require a distric t to obtain an enforceable commitment form the developer that contractors and subcontractors performing the work use a skilled and trained workforce.
Watch
SB 891
Business
Licenses.
Stormwater
Compliance
(Com. on APPR
- Ordered to
3rd Reading -
5/19/22)
Hertzberg This bill w ould make changes to the existing SB 205 (2019) business license process to check regulated business’ stormwater compliance.
The measure would attempt to capture local government processes similar to business licenses but are called by other names.
Watch
Watch
2022 Legislation - Bills to Watch
15 5/20/22
Bill Sponsor(s) Summary
League Position City Position
ENERGY & ENVIRONMENTAL QUALITY
SB 1217
State-Regional
Collaborative
for Climate,
Equity &
Resilience
(Com. on APPR
– Ordered to 3rd
Reading –
5/19/22)
Allen &
Cortese
This bill w ould establish, until January 1, 2028, the State-Regional Collaborative for Climate, Equity, and Resilience to provide guidance, on or before January 1, 2024, to the state board for approving new guidelines for sustainable communities strategies , and w ould require, on or before December 31, 2025, t he state board to update the guidelines for sustainable communities strategies to incorporate suggestions from the collaborative.
Watch
Bill Sponsor(s) Summary
League Position City Position
TRANSPORTATION
AB 2953
Recycled
Material
(Com. on APPR
– Ordered to 3rd
Reading –
5/19/22)
Salas This bill w ould require a local agency to use, to the extent feasible and cost effective, recycled materials in local streets and roads. The requirement would be t riggered based on the local agency’s annual revenues.
Oppose –
Letter Sent
2022 Legislation - Bills to Watch
16 5/20/22
Bill Sponsor(s) Summary
League Position City Position
SB 932
Circulation
Element
(Com. on APPR
– Ordered to 3rd
Reading –
5/19/22)
Portantino This bill w ould require cities , on or before June 30, 2024, to adopt significant bicycle, pedestrian, and traffic calming elements when they develop and revise their general plans.
This bill would require implementation of the plan within 2 years of the date of adoption of the plan and would allow 20 years to fully implement.
Oppose Unless
Amended –
Letter Sent
Bill Sponsor(s) Summary
League Position City Position
COMMUNITY SERVICES
AB 1737
Children’s
Camps. Local
Registration
and Inspections
(Com. on APPR
– Amended &
Ordered to 2nd
Reading -
5/19/22)
Holden This bill would implement new registration and inspection requirements for children camps operating in cities and require local health departments to make announced and unannounced visits to those camps. This bill would also require local health departments to make public any cited violations. This bill would also require background and sex-offender checks.
Concerns –
Letter Sent
2022 Legislation - Bills to Watch
17 5/20/22
Bill Sponsor(s) Summary
League Position City Position
COMMUNITY SERVICES
AB 1789
Trails &
Greenways
Program
(Com. on APPR
– Amended &
Ordered to 3rd
Reading –
5/19/22)
Bennett This bill would require the California Recreational Trails System Plan to include recommended priorities for funding to improve and expand on nonmotorized natural surface trails. This bill would also authorize the State Park and Recreation Commission to coordinate trail planning and development among cities, counties, and districts.
Support –
Letter Sent
AB 2346
Outdoor
Recreation.
Equitable
Access Grant
Program
(Com. on APPR
– Held Under
Submission –
5/19/22)
Gabriel This bill would require the Natural Resources Agency to develop the Equitable Access Grants Program to provide financial and technical assistance to local governments and nonprofit organizations to implement community access projects that improve the use, equitable admittance, and engagement with the public in stewardship of outdoor recreation areas or facilities located within the state.
Support –
Letter Sent
2022 Legislation - Bills to Watch
18 5/20/22
Bill Sponsor(s) Summary
League Position City Position
COMMUNITY SERVICES
AB 2465
Pupil
Instruction.
Literacy Grant
Programs
(Com. on APPR
– Amended &
Ordered to 2nd
Reading –
5/19/22)
Bonta This bill would create a competitive grant program to award funds to local educational agencies, library districts, and public libraries for the purpose of providing a library card to every public-school pupil enrolled in the local educational agency and require the Superintendent of Public Instruction to encourage all residents to use California state libraries, regardless of immigration status, and the department to provide information on its internet website about legal assistance and guidance to undocumented pupils, immigrants, and their families.
The bill would require the Department of Education to award grants of $1.9 M each to 25 local educational agencies that design an evidence- based Family Literacy and Biliteracy Innovation Plan and make the implementation of its provisions contingent upon an appropriation by the Legislature in the annual Budget Act or another statute.
Pending
Support
AB 2547
Housing
Stabilization to
Prevent & End
Homelessness
Among Older
Adults & People
with Disabilities
(Com. on APPR
– Ordered to 3rd
Reading –
5/19/22)
Nazarian This bill would require the state to offer competitive grants to non-profit community-based organizations, continuums of care, and public housing authorities to administer a housing subsidy program for older adults and people with disabilities that are experiencing homelessness or at risk of becoming homeless.
Support –
Letter Sent
2022 Legislation - Bills to Watch
19 5/20/22
Bill Sponsor(s) Summary
League Position City Position
COMMUNITY SERVICES
AB 2630
Housing.
California
Interagency
Council.
Homelessness.
Report
(Com. on APPR
– Amended &
Ordered to 2nd
Reading -
5/19/22)
O’Donnell This bill would require each city that has used funds from any source to assist in addressing homelessness to submit a report and publish the report on its internet website or, alternatively, publish a local homelessness action plan on its internet website.
Watch
AB 2631
Government
Claims Act
(Referred to
Coms. on L.
GOV. & JUD. –
3/10/22)
O’Donnell This bill would allow cities and counties to sue one another for a neighboring jurisdiction’s failure to effectively address the impacts of homelessness in another neighborhood being negatively impacted.
Oppose –
Letter Sent
2022 Legislation - Bills to Watch
20 5/20/22
Bill Sponsor(s) Summary
League Position City Position
COMMUNITY SERVICES
SB 1047
Early Learning
and Care
(Com. on APPR.
- Ordered to 3rd
Reading –
5/19/22)
Limon This bill would expand the range of childcare and early learning services that a state preschool contracting agency may provide, authorize the expansion of services through the State Preschool Program to children from 18 months to five years of age, and amend eligible requirements for certain childcare programs.
Support –
Letter Sent
SB 1338
Community
Assistance,
Recovery, and
Empowerment
Court Program
(Com. on APPR
– Ordered to 2nd
Reading –
5/19/22)
Umberg This bill would establish the Community Assistance, Recovery, and Empowerment (CARE) Court Program to connect a person struggling with untreated mental illness and substance use disorders with a court- ordered CARE Plan. This bill would address the most highly acute population and would require every county in the state to participate in this program.
Watch
2022 Legislation - Bills to Watch
21 5/20/22
Bill Sponsor(s) Summary
League Position City Position
GOVERNANCE, TRANSPARENCY, & LABOR RELATIONS
AB 2647
Local
Government.
Open Meetings
(To Com. on RLS.
for Assignment –
5/12/22)
Levine This bill would clarify that materials distributed to a majority of a local legislative body less than 72 hours before a meeting can be posted online to satisfy the requirements of the Brown Act.
Sponsor &
Support
AB 2808
Elections.
Ranked Choice
Voting
(Held without
Recommendation
– 4/6/22)
O’Donnell This bill w ould prohibit the use of ranked choice voting, a method of voting that allows voters to rank candidates in order of preference, in state and local elections. This bill w ould apply to all cities, i ncluding charter cities.
Oppose – Letter
Sent
SB 1173
Public
Retirement
Systems. Fossil
Fuels
(Com. on APPR -
Ordered to 3rd
Reading -
5/19/22)
L. Gonzalez This bill would prohibit the boards of CalPERS and the California State Teachers’ Retirement System from making new investments or renewing investments of retirement funds in fossil fuels and w ould require the boards to liquidate such investments by July 1, 2027.
Watch
2022 Legislation - Bills to Watch
22 5/20/22
Bill Sponsor(s) Summary
League Position City Position
GOVERNANCE, TRANSPARENCY, & LABOR RELATIONS
SB 1328
Prohibited
Investments &
Contracts. Russia
& Belarus
(Com. on APPR -
Ordered to 2nd
Reading -
5/19/22)
McGuire &
Cortese
This bill w ould require CalPERS and the California State Teachers’ Retirement System pension funds to stop investing in companies with ties to the Russian and Belarusian governments - responding to Russia’s invasion of Ukraine, aided by Belarus.
Watch
2022 Legislation - Bills to Watch
23 5/20/22
Bill Sponsor(s) Summary
League Position City Position
HOUSING, COMMUNITY & ECONOMIC DEVELOPMENT
ACA 1 Local
government
financing:
affordable
housing and
public
infrastructure:
voter approval
(Referred to
Com. on L. Gov.
and APPR. –
4/22/21)
Aguiar-
Curry
The California Constitution prohibits the ad valorem (property value) tax rate on real property from exceeding 1% of the full cash value of the property, subject to certain exceptions.
This bill would create an additional exception to the 1% limit that would authorize a city to levy an ad valorem tax to service bonded indebtedness incurred to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, or permanent supportive housing, or the acquisition or lease of real property for those purposes, if the proposition proposing that tax is approved by 55% of the voters of the city.
Support
AB 682
Density Bonus.
Cohousing
(Referred to
Coms. on
HOUSING and
GOV. & F. –
5/4/22)
Bloom This bill would require that a density bonus be provided to a developer who agrees to construct a housing development that is a cohousing building and will contain either 10% of the total square footage for lower income households, or 5% of the total square footage for very low - income households. This bill w ould prohibit the city and county from requiring any minimum unit size requirements or minimum bedroom requirements in conflict with the bill’s provisions, the project to provide private open space, or maximum limit on density with respect to a cohousing building eligible for a density bonus under these provisions.
Watch
Watch
2022 Legislation - Bills to Watch
24 5/20/22
Bill Sponsor(s) Summary
League Position City Position
HOUSING, COMMUNITY & ECONOMIC DEVELOPMENT
AB 1551
Development
Bonus. Multi-
Use Projects
(Referred to
Coms. on
HOUSING and
GOV. & F. –
5/4/22)
Santiago Previously existing law, until January 1, 2022, required a city, county, or city and county to grant a commercial developer a development bonus when an applicant for approval of a commercial development had entered into an agreement for partnered housing with an affordable housing developer to contribute affordable housing through a joint project or 2 separate projects encompassing affordable housing.
This bill would , until January 1, 2028, re-enact provisions regarding the granting of development bonuses to certain projects and require a city or county to annually submit to the Department of Housing and Community Development information describing an approved commercial development bonus.
Watch
AB 2053
Social Housing
(Com. on APPR
– Amended &
Ordered to 2nd
Reading –
5/19/22)
Lee This bill would enact the Social Housing Act and create California Housing Authority (Authority) to produce and acquire social housing developments for the purpose of eliminating the gap between housing production and regional housing needs assessment targets. This bill would also prescribe requirements for the participation of labor in the production, rehabilitation, and maintenance of housing, including requiring the Authority to enter into community workforce agreements and to comply with specified requirements for the payment of prevailing wages.
Watch
2022 Legislation - Bills to Watch
25 5/20/22
Bill Sponsor(s) Summary
League Position City Position
HOUSING, COMMUNITY & ECONOMIC DEVELOPMENT
AB 2295
Local
Educational
Agencies:
Housing
Development
(Com. on APPR
–Ordered to 3rd
Reading -
5/12/22)
Bloom This bill would require that a qualified housing development on land owned by a local educational agency be an authorized use if the housing development consists of at least 10 units and is subject to a recorded deed restriction for at least 55 years requiring that at least 49% of the units have an affordable rent for lower income households and 100% of the units be rented by teachers and employees of the local educational agency. This bill would prohibit a city from imposing any development standards on a housing development project under these provisions and exempt a housing development project subject to these provisions from various requirements regarding the disposal of surplus land.
Watch
AB 2428
Mitigation Fee
Act:
Improvements:
Timeline
(Referred to
Coms. on L.
GOV. and
H.&C.D. –
3/3/22)
Ramos This bill would require a local agency that requires a qualified applicant to deposit fees for improvement into an escrow account as a condition for receiving a conditional use permit or equivalent development permit to expend the fees within 5 years of the deposit. The bill would require any fees not expended within this period to be returned to the qualified applicant.
Watch
2022 Legislation - Bills to Watch
26 5/20/22
Bill Sponsor(s) Summary
League Position City Position
HOUSING, COMMUNITY & ECONOMIC DEVELOPMENT
AB 2705
Very High Fire
Hazard Severity
Zones
(Com. on APPR
– Ordered to 3rd
Reading -
5/19/22)
Quirk-Silva This bill would prohibit a city from approving a permit that would result in a new residential project being located within a high fire zone unless the city finds that the residential development project will meet new standards intended to address wildfire risks.
Watch
2022 Legislation - Bills to Watch
27 5/20/22
Bill Sponsor(s) Summary
League Position City Position
HOUSING, COMMUNITY & ECONOMIC DEVELOPMENT
SB 1067 &
AB 2097
Development
Parking
Requirements
(SB 1067
Com. on APPR -
Amended &
Ordered to 2nd
Reading –
5/19/22)
(AB 2097
Com. on APPR –
Amended &
Ordered to 3rd
Reading –
5/19/22)
Portantino
& Friedman
SB 1067: Would prohibit a city from imposing a minimum automobile parking requirement on a housing development project that is located within ½ mile of public transit. The bill would also authorize a city to impose or enforce minimum automobile parking requirements on a housing development project IF the city demonstrates to the developer, within 30 days of receipt of a completed application, that the development would have a negative impact on the city’s ability to meet its share of housing needs or on existing residential or commercial parking located within ½ mile of the housing development. The bill would create an exception if the development either dedicates a minimum of 20% of the total number of housing units to very low-, low, or moderate -income households, students, the elderly, or persons with disabilities or contains fewer than 20 housing units.
AB 2097: Would prohibit a public agency from imposing a minimum automobile parking requirement, or enforcing a minimum automobile parking requirement on residential, commercial, or other development if the development is located on a parcel that is within ½ mile of public transit. When a project provides parking voluntarily, the bill would authorize a public agency to impose specified requirements on the voluntary parking. The bill would prohibit these provisions from reducing, eliminating, or precluding the enforcement of any requirement imposed on a new multifamily or nonresidential development to provide electric vehicle supply equipment installed parking spaces or parking spaces that are accessible to persons with disabilities. The bill would exempt certain commercial parking requirements from these provisions if the requirements of the bill conflict with an existing contractual agreement of the public agency that was executed before January 1, 2023.
Oppose (SB
1067)
Oppose (AB
2097) – Letter
Sent
2022 Legislation - Bills to Watch
28 5/20/22
Bill Sponsor(s) Summary
League Position City Position
HOUSING, COMMUNITY & ECONOMIC DEVELOPMENT
SB 1369
Adaptive Reuse.
By Right
(Set for Hearing
3/31/22.
Canceled at
Request of
Author –
3/28/22)
Wieckowski The California Environmental Quality Act (CEQA) requires the preparation and completion of an environmental impact report on a project that may have a significant effect on the environment; or the adoption of a negative declaration if the project will not have that effect. CEQA does not apply to the approval of ministerial projects.
This bill would make an adaptive reuse project a use by right in all areas regardless of zoning; define "adaptive reuse project" to mean any commercial, public, industrial, or office building or structure that has 25-percent occupancy or less, which is converted into a housing development project; and define “use by right” to mean that the city or county’s review of the adaptive reuse project may not require a conditional use permit, planned unit development permit, or other discretionary city or county review or approval that would constitute a “project” for purposes of CEQA. This bill would also prohibit a city or county from imposing various requirements on an adaptive reuse project, including a requirement that the adaptive reuse project provide more parking than the amount of on-site parking for the existing building or structure. The bill would also provide that an adaptive reuse project is subject to the California Building Code.
Watch
2022 Legislation - Bills to Watch
29 5/20/22
Bill Sponsor(s) Summary
League Position City Position
HOUSING, COMMUNITY & ECONOMIC DEVELOPMENT
SB 1466
Affordable
Housing:
Community
Development
Investment
Program
(Referral to
Com. on ED
rescinded due to
health concerns
related to
COVID-19 –
3/10/22)
Stern This bill would establish the Affordable Housing and Community Development Investment Program, administered by the Affordable Housing and Community Development Investment Committee and authorize a city, county, city and county, joint powers agency, enhanced infrastructure financing district, affordable housing authority, community revitalization and investment authority, transit village development district, or a combination of those entities, to apply to the Committee to participate in the program and would authorize the Committee to approve or deny plans for projects meeting specific criteria. The bill would also authorize certain local agencies to apply for funding under the program and issue bonds to carry out a project under the program.
Watch
2022 Legislation - Bills to Watch
30 5/20/22
Bill Sponsor(s) Summary
League Position City Position
PUBLIC SAFETY
AB 2538
State Warning
Center. Wildfire
Smoke
Notification
(Com. on APPR –
Held Under
Submission –
5/19/22)
R. Rivas This bill w ould require the California Office of Emergency Services to expand its California State Warning Center to include targeted alerts for public health dangers, including smoke from wildfires.
Watch
Watch
AB 2645
Integration of
Access and
Functional
Needs
(Com. on APPR –
Ordered to 3rd
Reading –
5/19/22)
Rodriguez This bill would require a county to integrate access and functional needs into its emergency plan upon the next update to its emergency plan.
Specifically, this bill would require the plan to ensure that local community resilience centers are prepared to serve as communitywide assets during extreme heat events and other disasters, to designate available locations that may be necessary to provide respite to individuals during certain environmental emergencies, and to integrate sheltering plans to account for specified state grant programs relating to community resilience. The bill would require the plan to integrate transportation and sheltering plans to account for local community resilience centers.
Watch
Watch
2022 Legislation - Bills to Watch
31 5/20/22
Bill Sponsor(s) Summary
League Position City Position
PUBLIC SAFETY
SB 1038
Law
Enforcement:
Facial
Recognition and
Other Biometric
Surveillance
(Com. on PUB. S.
- Ordered to 3rd
Reading -
3/16/22)
Bradford Existing law, until January 1, 2023, prohibits a law enforcement agency or law enforcement officer from installing, activating, or using any biometric surveillance (face recognition) system in connection with an officer camera or data collected by an officer camera.
This bill would extend these provisions indefinitely.
Oppose –
Letter Sent
Watch
SB 1186
Medicinal
Cannabis
Patients’ Right
of Access Act
(Com. on APPR.
– Ordered to 3rd
Reading -
5/17/22)
Wiener Medical Cannabis Patients’ Right of Access Act – this bill would prohibit regulations that unreasonably restrict, among other things, the operating hours, or the number of frequency of sales of medicinal cannabis businesses.
Oppose –
Letter Sent
Watch
2022 Legislation - Bills to Watch
32 5/20/22
Bill Sponsor(s) Summary
League Position City Position
PUBLIC SAFETY
SB 1326
Cannabis.
Interstate
Agreements
(Com. on APPR –
Ordered to 3rd
Reading -
5/19/22)
Caballero This bill would allow the cross jurisdictional import and export to other states, of cannabis and cannabis products, by authorizing the Governor to enter into an agreement to provide lawful interstate commerce.
Support –
Letter Sent
Watch
2022 Legislation - Bills to Watch
33 5/20/22
Bill Sponsor(s) Summary
League Position City Position
REVENUE & TAXATION
AB 1702
COVID-19
Prevention &
Response
Goods
(Re-referred to
Com. on REV. &
TAX – 3/23/22)
Levine This bill w ould provide a sales and use tax exemption for face masks, respirators, and at home COVID-19 test kits.
Oppose Unless
Amended –
Letter Sent
AB 1951
Manufacturing
Exemptions
(Com. on APPR
– Amended &
Ordered to 2nd
Reading –
5/19/22)
Grayson This bill w ould extend and expand the sales and use tax exemption for manufacturing processing, refining, fabricating, and recycling until 20 28 by making a full exemption for purchases not exceeding $200,000,000.
Concerns
2022 Legislation - Bills to Watch
34 5/20/22
Bill Sponsor(s) Summary
League Position City Position
REVENUE & TAXATION
AB 2328
Home
Experience
Sharing
(Coms. on L.
GOV. & JUD. –
Hearing
Cancelled at
Request of
Author -
4/27/22)
Flora This bill w ould preempt explicit or implicit local prohibitions on “home experience sharing units” and define a home sharing unit as non - commercial prop erty that is rented for no more than 18 continuous hours.
Oppose –
Letter Sent
AB 2622
Zero Emission
Bus Exemption
(Com. on APPR
– Ordered to
3rd Reading -
5/5/22)
Mullin This bill w ould extend, until 20 26, the sales and use tax exemption provided to cities, counties, and transit agencies for zero emission transit buses and require the Legi slative Analyst’s Office to submit a report to the Legislature on the effectiveness of the tax exemption by May 1, 2024.
Support
2022 Legislation - Bills to Watch
35 5/20/22
Bill Sponsor(s) Summary
League Position City Position
REVENUE & TAXATION
SB 830
Education
Finance:
Supplemental
Education
Funding
(Com. on APPR
- Ordered to 2nd
Reading –
5/19/22)
Portantino Existing law establishes a public -school financing system that requires state funding for county superintendents of schools, school districts, and charter schools to be calculated pursuant to a local control funding formula that includes average daily attendance ; and requires the Superintendent of Public I nstruction, on or before February 20 of each year, to make a first principal apportionment of funds and, on or before July 2 of each year, to make a 2nd principal apportionment of funds to each local educational agency.
This bill would define “average daily membership” as the quotient of the aggregate enrollment days for all pupils in a school district, county office of education, or charter school, from transitional kindergarten to grade 12, inclusive, divided by the total number of instructional days in a n academic year. The bill would also require a local educational agency’s average daily membership to be calculated using data from the same fiscal year or years that the local educational agency used to calculate its average daily attendance for purposes of state apportionment. Beginning with FY 2022–23, the bill would require a local educational agency that submits enrollment data to the Superintendent and demonstrates a maintenance of effort to address chronic absenteeism to receive as additional education funding the difference between what the local educational agency would have received under the local control funding formula based on average daily membership and what the local educational agency received under the local control fun ding formula based on average daily attendance for that fiscal year. The bill would also require local educational agencies to use at least 30% of their additional education funding to address chronic absenteeism and habitual truancy.
Watch
Office of Assemblymember Richard Bloom
AB 682 Fact Sheet
Contact: [email protected] | (916) 319-2050
ASSEMBLY BILL 682 (BLOOM)
INCENTIVIZING CO-HOUSING LIVING
SUMMARY
AB 682 will increase the state’s housing supply
without public dollars by easing restrictions on the
construction of co-housing apartments, permitting
shared kitchens and dining areas, and requ iring
restricted affordable units.
BACKGROUND
California’s housing shortag e is at an
unprecedented level. The state needs an additional
1.5 million affordable homes to keep up with
demand and prevent more people from falling into
homelessness. Decades of exclusionary zoning
policies, high construction costs , an d the
skyrocketing cost of rent have all exacerbated the
housing crisis.
The State Density Bonus Law aims to reduce the
need for public subsidies in affordable housing
construction by providing developers with
incentives and concessions in exchange for more
deed restricted affordable units. In recent years, the
Legislature has taken steps to reform and expand
the density bonus l aw to help address the state’s
housing shortage.
THE PROBLEM
Co-housing units, also known as communal housing,
provide an additional solution to increasing the
state’s housing supply . Co-housing apartments are
made up of units that are on average smaller than
400 square feet and provide shared kitchen, dining,
and common areas for residents . These units are
often rented for less than typical apartments and
condominiums, wh ile providing residents with a
communal living arrangement. For the state’s most
vulnerable populations, seniors and formerly
homeless individuals, co -housing offer the unique
mix of privacy and community support. Co-housing
can also be an attractive living arrangement for
students and young people newly in the job market
who are willing to share a kitchen in exchange for
less rent.
The co -housing model has become increasingly
popular across the United States, with thousands of
units in major urban cities. In San Francisco, the
start-up, Starcity, operated about 7,500 co-housing
units, with every unit rented for less than the city’s average. The average Starcity tenant is 33, e arns
about $75,000 a year and include teachers,
graduate students and hospitality workers. The
quick rise in the number of cohousing projects
speaks to the increasing demand for housing models
that differ from traditional one -bedroom
apartments and studios, are more affordable and
offer communal amenities.
Despite its potential, California cities and
developers have been slow to embrace these units.
Local density limitations and parking requirements
create major hurdles for these co -housing units to
be built. Stringent density requirements limit the
number of units developers can build on an already
costly parcel of land. Parking requirements add
additional construction costs that can make co -
housing financially infeasible, especially for projects that aim to house more than 100 units .
Furthermore, restrictive definitions and local
resistance have made it difficult for co-housing units
to be built.
THE SOLUTION
As the state grapples with the housing shortage, AB
682 will help diversify the housing stock , offering
both affordable housing and the option for
communal living. By expanding the state’s density
bonus law to incentivize co-housing apartments, AB
682 will provide more affordable units without the
need for public subsidies. Co -housing apartments
that meet certain affordability thresholds can
qualify for incentives and concessions that increase
density and reduce parking and other restrictions—
ultimately reducing the cost of construction and
increasing affordable units.
Office of Assemblymember Richard Bloom
AB 682 Fact Sheet
Contact: [email protected] | (916) 319-2050
SUPPORT
cityLAB-UCLA (Sponsor)
East Bay for Everyone
Abundant Housing LA
California YIMBY
Terner Center for Housing Innovation at UC Berkeley
Association of Regional Center Agencies
People Assisting the Homeless (PATH)
Assemblymember Robert Rivas, 30th Assembly District
AB 2234 - Post-Entitlement Building Permit Process
SUMMARY
Assembly Bill 2234 will create a framework for developers and local jurisdictions to process residential building permits more efficiently and cost -effectively. This
legislation will only affect construction-related approvals and permits that occur after a project has been approved for planning and zoning by the local jurisdiction.
BACKGROUND
After cities or counties approve plans and entitlements for a residential project, they must process the application of all building permits (also known as post-entitlement
permits) for the developer in order to begin construction .
Building cannot commence until all post -entitlement
permits have been approved.
Post-entitlement permits include everything after the
project’s land use approval and before authorization to start construction on-site, such as permits for demolition, site remediation, excavation, etc. Currently, there is no standardized process or timeline to approve post-
entitlement permits. In fact, many projects spend months or even years waiting for building permit approvals – even after the project itself has been reviewed and approved.
PROBLEM
Cities, counties, and applicants often struggle to complete the building permit process in a timely manner. Developers do not always provide all the required information to the city when applying for the permits, and cities do not always provide timely, necessary feedback to applicants. A lack of staff capacity and resources at local jurisdictions
sometimes leads to delays in processing building permits.
These delays of months or years increase the costs of the projects and slow overall housing production, which
exacerbates California’s housing crisis. The Permit
Streamlining Act does not resolve this issue because it does not apply to building permits.
SOLUTION
AB 2234 will improve communication systems by requiring local jurisdictions to publish a n online checklist for applications to be deemed complete and maintain this
checklist online for the developer and public. An ideal application sample must be included in this checklist , which developers can then use as a reference.
AB 2234 will apply to all po st-entitlement, residential permits issued by an agency under the control of the local jurisdiction—expressly excluding utilities, special districts, and the Coastal Commission. Examples of permits subject to AB 2234 include building permits and interdepartmental review necessary to issue building permits; permits for excavation, site remediation, and demolition , etc. The bill does not apply to the approval of project plans nor
entitlements, including the CEQA process.
SUPPORT
Housing Action Coalition (Sponsor)
Silicon Valley Leadership Group (Sponsor)
Council of Infill Builders
Habitat for Humanity Greater San Francisco
SPUR
SV@Home Action Fund
San Jose Chamber of Commerce
Bay Area Council
CA Housing Partnership
Gilroy Councilmember Zachary Hilton
CA YIMBY
Housing Leadership Council of San Mateo County
San Jose Councilmember Sergio Jimenez
The Two Hundred
FOR MORE INFORMATION
Steve O’Mara, Chief of Staff
Email: [email protected]
Phone: 916-319-2030
Spencer Hagaman, Communications Director
Email: [email protected]
Phone: 916-319-2030
Staff Contact: Tammy Trinh: [email protected] or 916-651-4018 Senate Bill 891
Industrial Stormwater Discharge Compliance
As Amended on March 9, 2022
SUMMARY
SB 891 closes a loophole in current law that requires industrial facilities to demonstrate enrollment in the state’s stormwater compliance program, and enhances reporting to the State Water Resources Control Board (SWRCB) so the state can monitor compliance with existing stormwater regulations.
BACKGROUND
The Federal Clean Water Act prohibits entities from discharging any pollutant from a point source into U.S. waters, unless they obtain a National Pollutant Discharge Elimination System (NPDES) permit. The NPDES program regulates point source operations by limiting discharges, and requiring various monitoring and reporting requirements to ensure that discharges do not adversely affect water quality, the environment, and public health.
Industrial facilities—such as manufacturers, hazardous waste management, and oil and gas facilities —are required to obtain an Industrial General Permit (IGP) to comply with the federal NPDES permit. The IGP regulates industrial stormwater discharges and authorized non-stormwater discharges from industrial facilities in California.
Industrial activities often risk exposure to rainfall or snowmelt runoff, which result in hazardous contaminants polluting nearby water sources such as rivers, lakes, and oceans. Fifty years after the enactment of the Federal Clean Water Act, 95% of all California waterways still remain polluted.
ISSUE
There is an unknown but potentially significant number of industrial facilities that are subject to stormwater permitting regulations, but do not actually obtain an IGP as required under existing federal a nd state law. To address issues with non -compliance among industrial facilities, the Legislature passed SB 205 (Hertzberg, 2019) which requires applicable industrial facilities to demonstrate coverage under the IGP when applying for a business license or license renewal.
Despite the law’s enactment in 2020 , several municipalities currently do not require demonstration of enrollment in IGP when approving or renewing an industrial facility’s business license because they issue “business certificates” instead of “business licenses ,” as specified in SB 205 (Hertzberg). Additionally, facilities that should be covered by an IGP may be claiming exemption from stormwater discharge regulations when applying for, or renewing a business license, and the state currently lacks a straightforward tool to verify a sufficient exemption or compliance amongst industrial facilities under SB 205.
SB 891 (HERTZBERG)
SB 891 closes a loophole in current law by requiring an industrial facil ity to demonstrate compliance with existing stormwater regulations when applying for or renewing a permit similar to a business license. This measure also requires facilities to report information to the existing Stormwater Multiple Application and Report Trackin g System ( SMARTS) so the state can verify whether an industrial facility has lawful justification for a non-applicability or non-exposure certification.
Staff Contact: Tammy Trinh: [email protected] or 916-651-4018
SUPPORT
California Coastkeeper Alliance (Sponsor)
7th Generation Advisors
Coachella Valley Waterkeeper
Coastal Environmental Rights Foundation
Environmental Center of San Diego
Environmental Defense Center
Heal the Bay
Humboldt Baykeeper
Inland Empire Waterkeeper
Los Angeles Waterkeeper
Monterey Coastkeeper
Orange County Coastkeeper
The Otter Project
Planning and Conservation League
Russian Riverkeeper
San Diego Coastkeeper
Santa Barbara Channelkeeper
South Yuba River Citizens League
Yuba River Waterkeeper
Senator Dave Cortese (D- San Jose) · SB 1297 Fact Sheet · 3/08/2022
SENATOR DAVE CORTESE
SB 1297 – Carbon Sequestration in the Built
Environment
SUMMARY
SB 1297 will ensure California takes a leadership role
in advancing climate restoration by taking steps to
minimize embodied carbon and maximize carbon
sequestration in the built environment.
BACKGROUND
California is a proud leader on climate change, with a
statewide goal to achieve net zero greenhouse gas
(GHG) emissions as soon as possible, and then to
achieve and maintain net negative emissions
thereafter. Maximizing cumulative net-negative GHG
emissions will not just slow climate change, but also
help unwind its impacts and achieve climate
restoration.
Current law declares that technological carbon
removal strategies and carbon capture utilization and
sequestration (CCUS) technologies will be crucial to
successfully averting the worst impacts of climate
change. Discussions around CCUS often focus on
geologic storage of CO2, but CO2 also can be stored in
built environment, including roads and buildings.
These strategies provide value-added opportunities
to store carbon and enormous potential to support
California’s priorities. California uses enough
aggregate, concrete, and other building materials
that it could store all GHG emissions from major
industrial sources in buildings and roads. Using mass
timber can also help support improved forest
management. These strategies will support job
creation, forest health, climate resiliency, and other
cross-sectoral climate strategies.
Our built environment is also a large GHG emitter.
Embodied carbon, or GHG emissions associated with
producing and using building materials, accounts for
at least 11 percent of global carbon emissions.
California and the federal government are beginning
to address these issues. For example, at the recent
UN Climate Conference, California joined an effort to
accelerate innovation, investment, and market
development for low-carbon building materials. The
federal government also recently announced that in
2022, the General Services Administration (GSA) will
require contractors to disclose the embodied carbon
of building materials for new building and major
modernization contracts.
ISSUE
Despite high GHG impacts from building materials
and the significant potential they offer to advance
California’s GHG goals and climate restoration, little
has been done to address these topics in California.
THIS BILL
SB 1297 will begin to address this important gap by
requiring the Natural Resources Agency to develop a
plan and recommendations to minimize embodied
carbon and maximize carbon sequestration in
building materials. The bill would also:
• Incorporate CCUS in building materials into
the California Carbon Sequestration and
Climate Resiliency Project Registry.
• Develop an accounting protocol to quantify
embodied carbon and carbon sequestration
in building materials.
• Encourage the use of low embodied carbon
building materials made with sequestered
carbon from CCUS or direct air capture.
FOR MORE INFORMATION
Tara Sreekrishnan
Office of Senator Dave Cortese
[email protected]
Senator Dave Cortese (D- San Jose) · SB 1385 Fact Sheet · 3/28/2022
SENATOR DAVE CORTESE
SB 1385 Multi-Family Housing Local Solar Program
SUMMARY
Too little of the rooftop solar that has been installed in California has gone to low income individuals in multi- family housing. Yet, these are the individuals that
arguably need the grid resiliency and bill savings most.
SB 1385 addresses this by creating a multi-family
housing local solar program that will bring solar and
storage systems to multi-unit dwellings in low-income
communities with no costs shifted to other ratepayers.
BACKGROUND
The California Solar Initiative Program (CSI) was a
ratepayer-funded program established in 2007 to install 1,940 megawatts (MW) of new distributed solar and
transform the market for solar energy by reducing the
cost of solar generating equipment. In addition,
California’s Net Energy Metering (NEM) program
created large economic incentives to install rooftop
solar by compensating homeowners at the full retail
rate for all the output of the system. As a result, the rooftop solar market has grown rapidly, and 2021
estimates show that distributed solar has been installed at over 1.3 million customer sites.
However, a strikingly low percentage of these funds
were reserved for low-income tenants in multi-family
housing. A CPUC report showed that out of the overall
$3 Billion CSI Program budget, $2.79 Billion (93%) went to commercial retail and market rate housing, whereas
only $218 million (7%) went to low-income housing.
According to a study by the Lawrence Berkeley National
Laboratory, about 2% of residential solar systems are
installed on multi-family buildings.
The data showing this disproportionate benefit is even
more alarming when looking at the demographics of
local solar distribution. A study by the Lawrence
Berkeley National Laboratory found that around half of
the state’s solar adopters are in the highest 20 percent of earners, while only 4 percent come from the lowest
20 percent. Additionally, the study found that solar
adopters generally skew towards areas with high White
population, higher education, and higher credit scores.
People who live in muti-family housing are generally
renters who have no ability to participate in the state’s distributed solar programs. Compounding the inequity,
the costs of these programs are paid by all electric
ratepayers, which has raised electric rates for those
without solar by as much as $230 per year. Despite
being charged for the costs of these programs, they get none of the benefits.
THIS BILL
SB 1385 requires that the California Public Utilities
Commission establish a multi-family housing local solar program that would require each electrical corporation
with more than 100,000 service connections to
construct solar and storage systems on or near
multifamily housing in underserved communities.
Each large electrical corporation will export electricity from the solar and storage system and use the proceeds
to both reduce electricity bills for tenants in the multi- family housing and pay for the system with no costs
shifted to other ratepayers.
SUPPORT
State Association of Electrical Workers (Sponsor)
FOR MORE INFORMATION
Ryan Mickle
Office of Senator Dave Cortese
(916) 651-4015
[email protected]
SENATE COMMITTEE ON ENERGY, UTILITIES AND
COMMUNICATIONS
Senator Ben Hueso, Chair
2021 - 2022 Regular
Bill No: SB 1385 Hearing Date: 4/18/2022
Author: Cortese
Version: 3/24/2022 Amended
Urgency: No Fiscal: Yes
Consultant: Nidia Bautista
SUBJECT: Electricity: multifamily housing local solar program
DIGEST: This bill establishes, by January 1, 2024, a new 10-year, 3,000 megawatts (MW) multifamily housing local solar program that requires each large electrical corporation, as specified, to construct solar and storage systems in front of the customers’ meters on or near multifamily housing.
ANALYSIS:
Existing law:
1) Establishes the California Public Utilities Commission (CPUC) with regulatory authority over public utilities, including electrical corporations. (Article XII of the California Constitution)
2) Requires, under the Green Tariff Shared Renewables Program, an electrical corporation with 100,000 or more customers in California to file with the CPUC an application requesting approval of a tariff to implement a program enabling ratepayers to participate directly in offsite electrical generation facilities that use eligible renewable energy resources. (Public Utilities Code §2831 et seq.)
3) Requires the CPUC, by June 30, 2017, to authorize, through the Multifamily Affordable Housing Solar Roofs Program, the awarding of monetary incentives for qualifying solar energy systems that are installed on qualified multifamily affordable housing properties through December 31, 2030. (Public Utilities Code §2870)
4) Requires the CPUC to establish a program for assistance to low-income electric and gas customers, referred to as the California Alternate Rates for Energy (CARE) program. (Public Utilities Code §739.1)
5) Creates the California Solar Initiative (CSI) with a goal to install solar energy systems with a generation capacity of 3,000 MW, to make solar energy systems SB 1385 (Cortese) Page 2 of 8
a viable mainstream option for both homes and businesses in 10 years, and to place solar energy systems on 50 percent of new homes in 13 years. Specifies no less than 10 percent of the overall CSI funding is to be directed toward programs assisting low-income households in obtaining the benefits of solar technology. (Public Utilities Code §2852)
6) Permits the CPUC to adopt decisions that establish the Single-Family Affordable Solar Homes Program (SASH) and the Multifamily Affordable Solar Housing Program (MASH), which provides monetary incentives for the installation of solar energy systems on low-income residential housing.
Extends the SASH and MASH programs until December 31, 2021, or until budgeted funds are exhausted, whichever occurs sooner. (Public Utilities Codes §2852 and §2851)
7) Establishes the Energy Efficiency Low-Income Weatherization Program in the Department of Community Services and Development (CSD) from the appropriation of greenhouse gas (GHG) emissions reductions allowances from non-utility funds. The program provides for weatherization and renewable energy installations in disadvantaged communities defined by the California Environmental Protection Agency. (Government Code §12087.5)
This bill:
1) Requires the CPUC, on or before January 1, 2024, to establish a new ten-year multifamily housing local solar program that would require each electrical corporation with more than 100,000 service connections in California to construct, or contract for the construction of, solar and storage systems on or near qualified multifamily housing to achieve 3,000 MW of generating capacity.
2) Specifically, this bill requires:
a) Construction of one half of capacity (1,500 MW) by five years and remaining (1,500 MW) constructed by 10 years;
b) The solar and storage system is connected in front of the customers’ meter; c) Revenue used to provide monthly bill credits to participating low-income customers, pay the costs of constructing and operating the system, and pay the costs of administering the program. Each large electrical corporation shall not shift these costs to nonparticipating customers; d) Each electrical corporation to retire all renewable energy credits from generation exported by the solar and storage system on behalf of the participating customers; and
SB 1385 (Cortese) Page 3 of 8
e) Construction of each solar and storage system from this programs constitutes a public works project for purposes of Article 2 (commencing with Section 1770) of Chapter 1 of Part 7 of Division 2 of the Labor Code.
Background
California Solar Initiative (CSI). The CSI was established in 2007 as a rate-payer funded effort for multiple programs to increase customer use of rooftop solar energy throughout California, including through the electric investor-owned utilities (IOUs), electric publicly owned utilities (POUs), and through the New Solar Homes Partnership. The electric IOUs were approved for 10 years of funding with a $2.167 billion budget overall and a goal of installing 1,940 MW of new solar generation capacity through a general market program, the CSI thermal program, or the SASH and MASH programs. All components of the CSI have closed.
CSI outcomes. According to the CPUC’s 2021 Annual Program Assessment of the CSI Program, California installed enough solar capacity to achieve the CSI General Market Program goal of installing 1,750 MW of capacity prior to December 2016. By the end of 2020, approximately 9,671 MW of customer-sited solar projects had been installed at over 1.1 million locations within the service territories of the state’s three major IOU. This total, which is almost five times the CSI program goal, includes 29.7 MW of capacity under the SASH program and
53.5 MW of capacity under the MASH program. Since the MASH program was launched in 2008, 574 MASH projects have been completed, equaling 53.5 MW of installed capacity as of December 2020. There are an additional 97 MASH projects in progress or under review, with a total pending capacity of 18.9 MW.
MASH applicants have received or reserved 100 percent of the original $95 million MASH incentive budget. The MASH program will closed on December 31, 2021.
Net Energy Metering (NEM). The vast majority of solar customers are enrolled in NEM (NEM 1.0) or NEM Successor (NEM 2.0) tariffs, established under Public Utilities Code §§2827 and 2827.1, respectively. The NEM program supports onsite renewable energy (largely rooftop solar) installations designed to offset a portion, or all, of the customer’s electrical energy usage. Under NEM, customers receive a bill credit (in dollars) based on the retail rate (including generation, transmission, and distribution rate components) for any excess generation (in kWh) that is exported back to the grid. In periods when a customer’s bill is negative (because the amount of energy the solar system exported to the grid exceeded the amount of energy consumed by the customer), the bill credits are carried forward up to one year, at which point customers may elect to receive net surplus SB 1385 (Cortese) Page 4 of 8
compensation for any electricity produced in excess of on-site energy usage. On August 27, 2020, the CPUC initiated Rulemaking (R. 20-08-020) to develop a successor to the NEM 2.0 tariff, as part of its commitment in a previous decision to review the current tariff. The CPUC released a proposed decision in December 2021. However, a revised proposed decision is pending.
Solar on Multifamily Affordable Housing (SOMAH). Established by AB 693 (Eggman, Chapter 582, Statutes of 2015), the SOMAH program provides incentives for solar energy photovoltaic (PV) systems for multifamily affordable housing. SOMAH provides for up to $100 million annually from the electric IOUs GHG auction proceeds, up to one billion dollars over ten years, to install 300 MW of capacity. The SOMAH program began accepting applications on July 1, 2019, receiving more than 200 applications on the first day it opened, and waitlists were started in the large electric IOUs’ territories. According to the CPUC, by the end of 2020, 406 applications with 71.4 MW of capacity had been submitted into the program, with participation in all five SOMAH-eligible electric IOU territories. In April 2020, the CPUC directed the utilities to continue funding the SOMAH program through 2026.
Other related programs:
Disadvantaged Communities Green Tariff (DAC-GT). In June 2018, the CPUC created DAC-GT to increase access to solar for residents of disadvantaged communities located within Pacific, Gas & Electric (PG&E's), Southern California Edison (SCE's), or San Diego Gas & Electric (SDG&E's) service territory in Decision 18-06-027. The program enables income-qualified, residential customers in DACs who may be unable to install solar on their roof to benefit from utility scale clean energy and receive a 20 percent bill discount.
The program is modeled after the existing Green Tariff portion of the Green Tariff/Shared Renewables Programs and is available to customers who meet the income eligibility requirements for the CARE and Family Electric Rate Assistance (FERA) programs. The DAC-GT program was launched and began enrolling customers in early 2020. Per the CPUC’s website, the three large IOUs and about ten community choice aggregators (CCAs) have launched or will be launching the DAC-GT soon.
Community Solar Green Tariff (CSGT). The CPUC created the CSGT program which enables residential customers in DACs who may be unable to install solar on their roof to benefit from a local solar project and receive a 20 percent bill discount. The communities work with a local non-profit or government “sponsor” to organize community interest and present siting locations to the utility or CCA; the sponsor can also receive an incentive for its efforts. The SB 1385 (Cortese) Page 5 of 8
program requires each solar project to be located in proximity to the customers it serves. The three large IOUs (PG&E, SCE, and SDG&E) and five CCAs have launched or will be launching project solicitations.
Comments
SB 1385. This bill would establish a new 10-year, 3,000 MW multifamily housing local solar program that requires each large electrical corporation, as specified, to construct solar and storage systems in front of the customers’ meters on, or near, qualified multifamily housing. This bill requires that half of the energy capacity is installed within five years of the start of the program.
Disproportionate benefits. The proponents of this bill argue that while the market for solar generating equipment in California grew at a rapid pace from the beginning of the CSI program and has continued to grow many of those benefits have been realized by single-family homeowners. They cite a study by Lawrence Berkeley National Laboratory which identified that roughly two percent of residential solar systems in their national 2019 sample were installed on multi- family buildings. Moreover, they cite the disproportionate adoption of rooftop solar which generally skews towards higher income earners, less even though many of these programs are funded by electric ratepayers.
More of the same? As noted by many of the opponents, this bill would create a new program focused on installing solar (and storage) on multifamily housing.
Unlike the SOMAH program, this program would by utility directed, located in front of the customer’s meter, and apply to a wider definition of low-income multi- family housing. As a result, there is concern that the costs of the program could result in increased costs to electric ratepayers via recovering costs of the program in electric utility rates (rate-base). In conversations with the sponsors and author’s office, they acknowledge they do not intend for any of these costs to be borne by nonparticipating customers. To that extent, the author and committee may wish to amend this bill to incorporate further language to ensure that all costs would be borne exclusively through a portion of revenues to be generated by the project through sale of energy and capacity, as proposed by TURN.
Additional amendments. This bill proposes 3,000 MW goal for the program, essentially ten times the size of the SOMAH program. According to the CPUC, the average costs for the SOMAH solar projects is estimated to be $650,000 per project, with about 1,400 installations anticipated to achieve the program’s 300 MW goal and one billion budget. As electric utilities can already submit applications to the CPUC for these projects, the size capacity of the bill should be reduced to further limit potential costs impacts. As such the author and committee may wish to amend this bill to reduce the size of the program. Additionally, as has SB 1385 (Cortese) Page 6 of 8
been noted by opponents, tenants of the multifamily housing units should not be enrolled twice in both programs, both SOMAH and the new program proposed by this bill. As such the author and committee may wish to amend this bill to add language to prohibit enrollment in both programs.
Prior/Related Legislation
AB 693 (Eggman, Chapter 582, Statutes of 2015) created the Multifamily Affordable Housing Solar Roofs Program, to provide financial incentives for qualified solar installations at multifamily affordable housing properties funded from IOU’s GHG allowances.
SB 43 (Wolk, Chapter 413, Statutes of 2013) established a Green Tariff Shared Renewables Program to allow electric IOUs to administer a program that allows utility customers to voluntarily purchase electricity from renewable energy facilities.
AB 217 (Bradford, Chapter 609, Statutes of 2013) extended the low-income programs of the CSI Program from 2016 until 2021, authorizes the collection of an additional $108 million for these programs, and adds additional standards to the program, as specified.
SB 1 (Murray, Chapter 132, Statutes of 2006) established the electric portion of the CSI with a 10-year budget of $2.2 billion collected from ratepayers.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes SUPPORT:
California State Association of Electrical Workers, Co-sponsor Coalition of California Utility Employees, Co-sponsor
Climate Reality Project, San Fernando Valley Chapter
International Brotherhood of Electrical Workers, Local 47 International Brotherhood of Electrical Workers, Local 617 International Brotherhood of Electrical Workers, Local 684 International Brotherhood of Electrical Workers, Local 1245 State Building and Construction Trades Council
The Utility Reform Network, if amended
SB 1385 (Cortese) Page 7 of 8
OPPOSITION:
350 Bay Area Action
350 Conejo San Fernando Valley
ACR Solar & Roofing
Affordable Housing Advocate
Association for Energy Affordability
Aurora Solar
Berkeley Tenants Union
Berkeley Climate Action Coalition
California Democratic Renters Council
California Housing Partnership Corporation
California Solar & Storage Association
Californians for Community Energy
CCC Climate Leaders
Center for Sustainable Energy
Citizen's Climate Lobby - Castro Valley Chapter
Community Advancement Development Corporation
GRID Alternatives
Hammond Climate Solutions
Indivisible Alta Pasadena
Indivisible CA-14
Indivisible CA-33
Indivisible CA-37
Indivisible California Green Team
Indivisible Marin
Indivisible Media City Burbank
Indivisible Resistance San Diego
Indivisible Ross Valley
Indivisible Sacramento
Indivisible San Jose
Indivisible Sonoma County
Indivisible South Bay LA
Ivy Energy
Livermore Indivisible
Long Beach Alliance for Clean Energy
Northern California Land Trust
Progressive Democrats of Santa Monica Mountains
Rooted in Resistance
SEI
Self-Help Enterprises
Service First of Northern California
SB 1385 (Cortese) Page 8 of 8
Silicon Valley Youth Climate Action
SimpliPhi Power
So Cal 350
Solar Technologies
SolarCraft
Spectrum Energy Development
Stand Strong LA Indivisible
Sun, Light, and Power
Sunflower Alliance
The Clean Coalition
The Resistance Indivisible Northridge
Valley Women's Club of San Lorenzo Valley
Wellstone Democratic Renewal Club
ARGUMENTS IN SUPPORT: According to the author:
The data clearly shows that low-income renters have been left out of the rooftop solar expansion. According to the Lawrence Berkeley National Laboratory, only four percent of solar adopters come from the lowest 20 percent of earners. The state requires creative solutions that will aggressively expand solar access to underserved communities that are paying increasingly expensive energy bills every month. SB 1385 will achieve this goal by creating a program that will both increase high paying clean jobs as well as bring solar access to low-income families across the state.
ARGUMENTS IN OPPOSITION: The affordable housing nonprofits and advocates oppose the bill because they believe it is duplicative, yet less desirable than existing programs. These organizations argue that the bill will confuse property owners of multifamily housing and undermine the efforts of the SOMAH program which is more beneficial to low-income renters. Organizations that administer SOMAH also express concerns that the bill will result in potential competition for the same properties. The California Solar and Storage Association raise many of the same concerns in opposition to this bill. Additionally, CALSSA expresses concerns that the new program will allow electric IOUs to rate-base the projects and thereby increase their opportunity for profits while providing a tenth of the benefit of utility bill savings as compared to SOMAH.
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